Oregon Roofing Licensing Law

Oregon Code · 551 sections

The following is the full text of Oregon’s roofing licensing law statutes as published in the Oregon Code. For the official version, see the Oregon Legislature.

ORS 1.185

1.185, pursuant to which the state agrees to provide the property and services described in ORS 1.185 (1)(a).

�� (b)(A) An agreement entered into pursuant to this subsection may include a requirement that the county transfer to the Oregon Courthouse Capital Construction and Improvement Fund an amount not less than 50 percent of the total estimated costs of a project funded with bonds issued pursuant to ORS 1.181 or section 10, chapter 685, Oregon Laws 2015, with respect to the courthouse or portions of a courthouse that are the subject of the agreement.

�� (B) The amount transferred by a county pursuant to this paragraph may comprise, singly or in any combination and proportion:

�� (i) Property tax revenues, bond proceeds or any other county moneys; and

�� (ii) A credit equal to the higher of the appraised value or the actual purchase price of land purchased by the county for the courthouse if the state approves of the land as the site for the courthouse.

�� (C) The amount required to be transferred by the county under this subsection may not be less than 75 percent of the total estimated costs unless the project includes colocation in the courthouse of state offices in addition to the state circuit court facilities.

�� (2) For purposes of ORS 1.181 and section 10, chapter 685, Oregon Laws 2015, the state shall be considered to operate a courthouse or portions of a courthouse that are the subject of an agreement entered into pursuant to subsection (1) of this section if, as applicable:

�� (a) The lease agreement conveys to the state a full leasehold interest, including exclusive rights to control and use the courthouse or portions of the courthouse that are typical of a long-term lease, for a term that is at least equal to the term during which the bonds issued pursuant to ORS 1.181 and section 10, chapter 685, Oregon Laws 2015, will remain outstanding.

�� (b) The intergovernmental agreement grants the state the exclusive right to control and use the courthouse or portions of the courthouse for a term that is at least equal to the term during which the bonds issued pursuant to ORS 1.181 and section 10, chapter 685, Oregon Laws 2015, will remain outstanding. [2013 c.705 �9; 2014 c.121 �7; 2016 c.118 �3]

�� 1.184 Oregon Courthouse Capital Construction and Improvement Fund. (1) The Oregon Courthouse Capital Construction and Improvement Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned on moneys in the Oregon Courthouse Capital Construction and Improvement Fund shall be credited to the fund.

�� (2) The fund consists of moneys deposited in the fund pursuant to ORS 1.181 and section 10, chapter 685, Oregon Laws 2015, and moneys transferred to the fund by a county pursuant to ORS 1.183 (1)(b) and may include fees, revenues and other moneys appropriated by the Legislative Assembly for deposit in the fund.

�� (3) Moneys in the fund are continuously appropriated to the Judicial Department for:

�� (a) The purposes described in ORS 1.181 (3);

�� (b) Payment of the costs incurred by the department to administer the fund; and

�� (c) Payment of bond-related costs, as defined in ORS 286A.816. [2013 c.723 �64; 2016 c.118 �4]

OPERATION OF COURTHOUSES

�� 1.185 County to provide courtrooms, offices and jury rooms. (1) The county in which a circuit court is located or holds court shall:

�� (a) Provide suitable and sufficient courtrooms, offices and jury rooms for the court, the judges, other officers and employees of the court and juries in attendance upon the court, and provide maintenance and utilities for those courtrooms, offices and jury rooms.

�� (b) Pay expenses of the court in the county other than those expenses required by law to be paid by the state.

�� (2) Except as provided in subsection (1) of this section, all supplies, materials, equipment and other property necessary for the operation of the circuit courts shall be provided by the state under ORS 1.187. [Formerly 1.165]

�� 1.187 State to provide supplies and personal property for courts. Except as provided in ORS 1.185 (1) and subject to applicable provisions of a plan established by the Chief Justice of the Supreme Court, the state shall provide the supplies, materials, equipment and other personal property necessary for the operation of the circuit courts. The cost of property provided by the state shall be paid by the state from funds available for the purpose. [Formerly 1.167]

�� 1.188 Surcharge on fines for courthouse. (1) As used in this section, �offense� means:

�� (a) A violation of a parking ordinance; or

�� (b) A traffic offense as defined in ORS 801.555 (2).

�� (2) Notwithstanding ORS 137.143, the presiding judge of the judicial district in which a county is located may order that the circuit court for the county impose a surcharge in the amount of $5 on each fine assessed for an offense in the county if:

�� (a) The county has received funds, or has legislative authorization to receive funds, for a county courthouse from the proceeds of bonds issued pursuant to Article XI-Q of the Oregon Constitution deposited in the Oregon Courthouse Capital Construction and Improvement Fund established in ORS 1.184;

�� (b) Debt service is owed on any Article XI-Q bonds issued related to the county courthouse;

�� (c) Debt service is owed on any bonds issued under ORS 271.390 or ORS chapter 287A to finance capital costs of the courthouse project for which bonds are or will be issued under ORS 1.181 in the county imposing the surcharge;

�� (d) The board of county commissioners has requested that the presiding judge of the judicial district in which the county is located order the imposition of a surcharge and has identified the purposes for which the surcharge funds would be used; and

�� (e) The Chief Justice of the Supreme Court has approved the surcharge.

�� (3) The circuit court for the county may not impose a surcharge under this section unless, before July 1 of the calendar year preceding the imposition of the surcharge, the court submits to the State Court Administrator a copy of the order imposing the surcharge. The court may begin imposing the surcharge on fines for offenses occurring on and after January 1 of the calendar year following submission of the order to the State Court Administrator.

�� (4) Except as provided in ORS 153.640 and 221.315, the surcharge shall be levied fully if any fine is imposed.

�� (5) The surcharge shall be collected by the circuit court for the county and paid to the county for deposit in the account established under ORS 1.189 and used solely for:

�� (a) Payment of capital costs of the courthouse project for which bonds are or will be issued under ORS 1.181 in the county imposing the surcharge; or

�� (b) Payment of debt service and related expenses and funding of debt service reserves, if any, for bonds issued under ORS 271.390 or ORS chapter 287A to finance capital costs of the courthouse project for which bonds are or will be issued under ORS 1.181 in the county imposing the surcharge. [2016 c.78 �1]

�� 1.189 Courthouse surcharge accounts. (1) The county treasurer shall deposit moneys received from surcharges imposed under ORS 1.188 in a courthouse surcharge account maintained by the county treasurer.

�� (2) The moneys in the courthouse surcharge account and interest upon the account are reserved for the purposes of:

�� (a) Payment of capital costs of the courthouse project for which bonds are or will be issued under ORS 1.181 in the county imposing the surcharge; or

�� (3) The county treasurer may charge against the courthouse surcharge account an administrative fee for the actual costs associated with maintaining the account. The total administrative fees charged each year may not exceed five percent of the moneys received from surcharges imposed under ORS 1.188 for that year. [2016 c.78 �2]

�� 1.190 [1999 c.1064 �3; repealed by 2007 c.626 �3]

�� 1.192 [1999 c.1064 �4; repealed by 2007 c.626 �3]

COLLECTION OF COURT ACCOUNTS

�� 1.194 Definitions for ORS 1.194 to 1.200. As used in ORS 1.194 to 1.200:

�� (1) �Payment� means an amount of money voluntarily paid by a debtor or an amount of money involuntarily paid by a debtor through offset or garnishment.

�� (2) �State court� means a circuit court, the Oregon Tax Court, the Court of Appeals or the Supreme Court. [2001 c.823 �11; 2003 c.14 �3]

�� 1.195 Reports on liquidated and delinquent accounts of state courts. (1) Not later than October 1 of each fiscal year, all state courts and all commissions, departments and divisions in the judicial branch of state government shall submit reports to the Legislative Fiscal Office that describe the status of the liquidated and delinquent accounts of the judicial branch of state government, and the efforts made to collect those liquidated and delinquent accounts during the immediately preceding fiscal year. The reports required under this subsection shall be in a form prescribed by the Legislative Fiscal Office and shall include but not be limited to:

�� (a) The total number of all liquidated and delinquent accounts, and the balance for those accounts, at the beginning of the fiscal year;

�� (b) The total number of all liquidated and delinquent accounts, and the balance for those accounts, at the end of the fiscal year;

�� (c) The liquidated and delinquent accounts that have been added during the immediately preceding fiscal year;

�� (d) The total amount collected on liquidated and delinquent accounts during the immediately preceding fiscal year;

�� (e) The total amount and total number of liquidated and delinquent accounts that have been written off during the immediately preceding fiscal year;

�� (f) The total amount and total number of liquidated and delinquent accounts that have been assigned for collection, and the collection efforts made for those accounts, during the immediately preceding fiscal year;

�� (g) The total amount and total number of liquidated and delinquent accounts that have been turned over to private collection agencies under ORS 1.197 and the total amount that has been collected by those agencies during the immediately preceding fiscal year;

�� (h) The total amount and total number of accounts that have ceased to be liquidated and delinquent during the fiscal year for reasons other than having been collected or written off;

�� (i) The total number and total amount of all liquidated and delinquent accounts that have been exempted under ORS 1.199;

�� (j) A statement indicating whether the reporting state court, commission, department or division in the judicial branch of state government has liquidated and delinquent accounts that are not exempt under ORS 1.198 or 1.199, or are otherwise prohibited or exempted by law from assignment, for which no payment has been received for more than 90 days and that have not been assigned to a private collection agency or to the Department of Revenue under ORS 1.197; and

�� (k) Any other information necessary to inform the Legislative Fiscal Office of the status of the liquidated and delinquent accounts of the judicial branch of state government.

�� (2) The Legislative Fiscal Office shall include information on the status of the liquidated and delinquent accounts of the judicial branch of state government in the annual report required under ORS 293.229. The information shall be based on the reports submitted under subsection (1) of this section.

�� (3) The reports required under subsection (1) of this section may be made by the State Court Administrator on behalf of some or all of the state courts and on behalf of some or all of the commissions, departments and divisions in the judicial branch of state government. [2001 c.823 �12; 2015 c.766 �2a]

�� 1.196 Agreement for reciprocal offsets. The State Court Administrator may enter into an intergovernmental agreement with the United States Financial Management Service and the Internal Revenue Service for the purpose of the reciprocal offsetting of the following amounts:

�� (1) Federal tax refunds of debtors, to be offset against liquidated and delinquent accounts of those debtors resulting from unpaid financial obligations imposed by state courts; and

�� (2) Overpayments to state courts, to be offset against federal tax obligations. [2009 c.791 �2]

�� 1.197 Assignment of liquidated and delinquent accounts to collection agencies; relinquishment of accounts by collection agencies; collections by Department of Revenue. (1) Except as otherwise provided by law, all state courts and all commissions, departments and divisions in the judicial branch of state government shall offer to assign the liquidated and delinquent accounts of the state court, commission, department or division to a private collection agency, or to the Department of Revenue under the provisions of ORS 293.250, not later than:

�� (a) One year from the date the account was liquidated if no payment has been received on the account within that year; or

�� (b) One year from the date of receipt of the most recent payment on the account.

�� (2) Nothing in subsection (1) of this section prohibits a state court or a commission, department or division in the judicial branch of state government from assigning a liquidated and delinquent account to a private collection agency at any time within the one-year period, or from assigning a liquidated and delinquent account to the Department of Revenue during the one-year period, if that assignment is otherwise allowed by law.

�� (3) Nothing in this section prevents a state court or a commission, department or division in the judicial branch of state government from assigning an account to the Department of Revenue for the purpose of seeking an offset against tax refunds or other amounts due the debtor at the time the account is assigned to a private collection agency. A state court and any commission, department or division in the judicial branch of state government that assigns the same account to both the Department of Revenue and a private collection agency shall ensure that both the Department of Revenue and the private collection agency are kept informed of the status of all collections made on the account.

�� (4) If a private collection agency is unable to collect on an account assigned under this section, the private collection agency shall notify the state court, commission, department or division that assigned the account that the private collection agency is unable to collect on the account and that the private collection agency will relinquish the account. The private collection agency shall relinquish the account within a reasonable time or within such time as may be set by agreement. A private collection agency that is assigned an account under this section shall be held to the same standard of confidentiality, service and courtesy imposed on a state court in collecting on liquidated and delinquent accounts.

�� (5) If a liquidated and delinquent account is assigned to the Department of Revenue as provided in ORS 293.250, the Department of Revenue shall have one year from the date of liquidation, or from the date of receipt of the most recent payment on the account, to collect a payment. If the Department of Revenue does not collect a payment within the one-year period or if one year has elapsed since the date of receipt of the most recent payment on the account, the Department of Revenue shall notify the state court, commission, department or division that assigned the account. The state court, commission, department or division shall then immediately offer assignment of the account to a private collection agency.

�� (6) For the purposes of this section, a state court or a commission, department or division in the judicial branch of state government shall be considered to have offered an account for assignment to a private collection agency if:

�� (a) The terms of the offer are of a type generally accepted by the collections industry for the type of account to be assigned; and

�� (b) The offer is made to a private collection agency that engages in the business of collecting the type of account to be assigned or made generally to private collection agencies through a bid or request for proposal process.

�� (7) The offer of assignment of accounts required under this section may be made by the State Court Administrator on behalf of some or all of the state courts and on behalf of some or all of the commissions, departments and divisions in the judicial branch of state government. [2001 c.823 �13]

�� 1.198 Exemptions from requirements of ORS 1.197. (1) ORS 1.197 does not apply to liquidated and delinquent accounts that are:

�� (a) Prohibited by state or federal law or regulation from assignment or collection; or

�� (b) Subject to collection through an offset of federal tax refunds pursuant to an agreement entered into under ORS 1.196.

�� (2) Notwithstanding ORS 1.197, a state court or a commission, department or division in the judicial branch of state government, acting in its sole discretion, may choose not to offer a liquidated and delinquent account to a private collection agency or to the Department of Revenue if the account:

�� (a) Is secured by a consensual security interest in real or personal property;

�� (b) Is based on that part of a judgment that requires payment of restitution or a payment to the Crime Victims� Assistance section of the Criminal Justice Division of the Department of Justice;

�� (c) Is in litigation, mediation or arbitration or is subject to a stay in bankruptcy proceedings;

�� (d) Is owed by a local or state government or by the federal government;

�� (e) Is owed by a debtor who is hospitalized in a state hospital as defined in ORS 162.135 or who receives public assistance as defined in ORS 411.010 or medical assistance as defined in ORS 414.025;

�� (f) Consists of moneys for which a district attorney has assumed collection responsibility under ORS 8.680;

�� (g) Consists of moneys owed by a person who is incarcerated;

�� (h) Is an account that was previously offered to a private collection agency and was refused, or that was previously assigned to a private collection agency and the agency thereafter relinquished the account;

�� (i) Is less than $100, including penalties; or

�� (j) Would result in loss of federal funding if assigned. [2001 c.823 �14; 2009 c.791 �3; 2013 c.688 �3]

�� 1.199 Policies and procedures for exempting accounts from requirements of ORS 1.197 and for ceasing collection efforts. (1) The State Court Administrator may establish policies and procedures for exempting accounts from the requirements of ORS 1.197. All policies establishing exemptions under this section must be documented and justified by the State Court Administrator.

�� (2) The State Court Administrator may establish criteria and standards by which state courts and commissions, departments and divisions in the judicial branch of state government may cease to make collection efforts for specified types of accounts. [2001 c.823 �15]

�� 1.200 Effect of ORS 1.194 to 1.200 on authority of judge. Nothing in ORS 1.194 to 1.200 limits or affects the ability of a judge of a state court to enforce, modify, set aside, suspend, delay, condition, schedule or take any other action authorized by law with respect to a debt or money obligation owed to this state. [2001 c.823 �16]

�� 1.202 Fee for establishing and administering account for judgment that includes monetary obligation; fee for judgment referred for collection. (1) All circuit courts and appellate courts of this state, and all commissions, departments and divisions in the judicial branch of state government, shall add a fee of not more than $200 to any judgment that includes a monetary obligation that the court or judicial branch is charged with collecting. The fee shall cover the cost of establishing and administering an account for the debtor and shall be added without further notice to the debtor or further order of the court. The fee shall be added only if the court gives the defendant a period of time in which to pay the obligation after the financial obligation is imposed. Fees under this subsection shall be deposited in the General Fund.

�� (2) All circuit courts and appellate courts of this state, and all commissions, departments and divisions in the judicial branch of state government, that use private collection agencies, the Department of Revenue or an offset of federal tax refunds pursuant to an agreement entered into under ORS 1.196 shall add a fee to any judgment referred for collection that includes a monetary obligation that the state court or the commission, department or division is charged with collecting. A fee to cover the costs of collecting judgments referred to the private collection agency, the Department of Revenue, the United States Financial Management Service or the Internal Revenue Service shall be added to the monetary obligation without further notice to the debtor or further order of the court. The fee may not exceed the actual costs of collecting the judgment.

�� (3) The fees described in subsections (1) and (2) of this section may not be added to any order or judgment arising from the actions of a person who:

�� (a) Was under 18 years of age at the time of the act or is subject to juvenile court probation; and

�� (b) Was not waived to circuit court for prosecution as an adult under ORS 419C.340.

�� (4) The Chief Justice of the Supreme Court may authorize or direct circuit courts and appellate courts of this state, and all commissions, departments and divisions in the judicial branch of state government, to waive or suspend the fees required to be added to judgments under this section. Except to the extent authorized by the Chief Justice, a court may not waive or suspend the fees required to be added to judgments under this section. [2001 c.823 �20; 2007 c.860 �32; 2009 c.484 �3; 2009 c.659 ��34,36; 2009 c.791 �4a; 2011 c.595 ��92,92a; 2021 c.215 �1; 2021 c.597 �7]

�� 1.204 [2001 c.823 �25 (enacted in lieu of 8.172); 2003 c.518 �11; repealed by 2011 c.595 �173]

JUDICIAL OFFICERS GENERALLY

�� 1.210 Judicial officer defined. A judicial officer is a person authorized to act as a judge in a court of justice.

�� 1.212 Oath of office for judges. (1) Before entering upon the duties of a judge of the Supreme Court, whether upon election or appointment as a judge of the Supreme Court or upon appointment as a senior judge or a judge pro tempore, a person must take and subscribe, and submit to the Secretary of State, an oath in the form provided by section 7, Article VII (Amended) of the Oregon Constitution.

�� (2) Except as provided in subsection (3) of this section, before entering upon the duties of a judge of the Court of Appeals, the Oregon Tax Court or a circuit court, a person who is appointed or elected to the office must take and subscribe, and submit to the Secretary of State, an oath in the following form:

�� I, __, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Oregon, and that I will faithfully and impartially discharge the duties of a judge of the __ (court), according to the best of my ability, and that I will not accept any other office, except judicial offices, during the term for which I have been ______ (elected or appointed).

�� (3) Before entering upon the duties of a judge pro tempore of the Court of Appeals, the Oregon Tax Court or a circuit court, a person must take and subscribe, and submit to the Secretary of State, an oath in the following form:

�� (4) Before entering upon the duties of a senior judge of the State of Oregon, a person must take and subscribe, and submit to the Secretary of State, an oath in the following form:

�� I, ______, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Oregon, and that I will faithfully and impartially discharge the duties of a senior judge of the State of Oregon, according to the best of my ability.

�� (5) Subsections (3) and (4) of this section do not require that any person take an oath more than once during the term that the person is approved to serve as a senior judge or judge pro tempore, or that a person serving as a senior judge or judge pro tempore take the prescribed oath before each assignment as a judge of the Court of Appeals, Oregon Tax Court or circuit court. Subsection (3) of this section does not require that a judge assigned to serve as judge pro tempore under ORS 1.615 take any additional oath of office. [2003 c.518 �6]

�� 1.220 Judicial officer or partner acting as attorney. (1) Except as provided in this section, a judicial officer appointed or elected to a full-time position may not act as an attorney in an action or proceeding.

�� (2) A judicial officer appointed or elected to a full-time position may act as an attorney in an action or proceeding if the judicial officer is an active licensee of the Oregon State Bar and is either a party to the action or proceeding or the judicial officer has a direct interest in the action or proceeding.

�� (3) A judge of a county court or justice court who is an active licensee of the Oregon State Bar:

�� (a) May act as an attorney in a court other than the court in which the judge presides; and

�� (b) May not be engaged in the practice of law with an attorney who appears in the court in which the judge presides.

�� (4) A judge pro tempore may not preside in an action or proceeding if an attorney who is engaged in the practice of law with the judge appears in the action or proceeding. [Amended by 2007 c.547 �4; 2025 c.32 �60]

�� 1.230 Powers of a judge out of court. A judge may exercise, out of court, all the powers expressly conferred upon a judge as distinguished from a court, and not otherwise.

�� 1.240 Powers of judicial officers. Every judicial officer has power:

�� (1) To preserve and enforce order in the immediate presence of the judicial officer, and in the proceedings before the judicial officer, when the judicial officer is performing a duty imposed by statute.

�� (2) To compel obedience to the lawful orders of the judicial officer, as provided by statute.

�� (3) To compel the attendance of persons to testify in a proceeding pending before the judicial officer in the cases and manner provided by statute.

�� (4) To administer oaths in a proceeding pending before the judicial officer, and in all other cases where it may be necessary, in the exercise of the powers and the performance of the duties of the judicial officer.

�� 1.250 Punishment for contempt. For the effectual exercise of the powers specified in ORS 1.240, a judicial officer may punish for contempt, in the cases and manner provided by statute.

�� 1.260 Powers of judges of Supreme Court, Court of Appeals, Oregon Tax Court and circuit courts; where powers may be exercised. The judges of the Supreme Court, the Court of Appeals, the Oregon Tax Court and the circuit courts have power in any part of the state:

�� (1) To take and certify:

�� (a) The proof and acknowledgment of a conveyance of real property, or any other written instrument authorized or required to be proved or acknowledged.

�� (b) The acknowledgment of satisfaction of a judgment in any court.

�� (c) An affidavit or deposition to be used in any court of justice or other tribunal of this state.

�� (2) To exercise any other power and perform any other duty conferred or imposed upon them by statute. [Amended by 1963 c.423 �1; 1969 c.198 �18]

�� 1.270 Powers of other judicial officers; where powers may be exercised. Every other judicial officer may, within the county, city, district or precinct in which the judicial officer is chosen:

�� (1) Exercise the powers mentioned in ORS 1.260 (1).

�� (2) Exercise any other power and perform any other duty conferred or imposed upon the judicial officer by statute.

�� 1.280 [1959 c.552 �4; repealed by 1981 s.s. c.1 �25]

�� 1.290 Leaves of absence. (1) As used in this section, unless the context requires otherwise, �judge� means any judge of the Supreme Court, the Court of Appeals, the Oregon Tax Court or any circuit court, but does not include any person appointed by the Supreme Court as judge pro tempore of any of those courts who does not hold the elective office of judge of any of those courts.

�� (2) Upon receipt of the written application of any judge, the Supreme Court may grant the judge a leave of absence without salary for a period of not more than one year. The Supreme Court may grant a leave of absence only if the court is satisfied that the administration of justice in Oregon will be enhanced by granting the leave. Application for a leave of absence is considered a waiver of salary by the applicant for the period of time the applicant is absent under the leave granted by the court.

�� (3) A leave of absence shall be granted by order of the Supreme Court. The order shall state the maximum period of time for which the leave is granted. Promptly after the granting of the leave, the State Court Administrator shall cause a certified copy of the order granting the leave to be sent to the Secretary of State and the Public Employees Retirement Board.

�� (4) At the termination of leave of absence under this section, unless the judge sooner dies or resigns, a judge shall resume the duties of office and cause written notice of the resumption to be sent to the Supreme Court, the Secretary of State and the Public Employees Retirement Board. The resumption and sending notice thereof constitutes a termination of the leave whether or not the full maximum period of time granted has expired.

�� (5) Absence on leave by a judge under this section does not create a vacancy in the office to which the judge was elected or appointed, nor is the judge subject to removal as a consequence thereof.

�� (6) Absence on leave under this section by a judge who is a member of the Public Employees Retirement System under ORS chapter 238 does not break the continuity of the membership of the judge in the system. [1965 c.12 �1; 1969 c.198 �19; 1971 c.193 �8; 1991 c.815 �2]

�� 1.300 Senior judge; assignment; duties and powers; compensation and expenses. (1) A judge who retires from the circuit court, Oregon Tax Court, Court of Appeals or Supreme Court, except a judge retired under the provisions of ORS 1.310, may be designated a senior judge of the State of Oregon by the Supreme Court and, if so designated, shall be so certified by the Secretary of State.

�� (2)(a) Upon filing with the Secretary of State an oath of office as a senior judge as prescribed in ORS 1.212, a senior judge is eligible for temporary assignment, with the consent of the senior judge, by the Chief Justice of the Supreme Court or the designee of the Chief Justice, to a state court as provided in this subsection, whenever the Chief Justice or the designee of the Chief Justice determines that the assignment is reasonably necessary and will promote the efficient administration of justice.

�� (b) A senior judge who retired from the Supreme Court may be assigned under this subsection to any state court.

�� (c) A senior judge who retired from a court other than the Supreme Court may be assigned under this subsection to any state court other than the Supreme Court.

�� (d) A senior judge assigned to serve as a circuit court judge may be assigned under this subsection to serve in any one or more counties or judicial districts during the term of the assignment.

�� (3) The assignment of a senior judge shall designate the court or courts to which the judge is assigned and the duration of the assignment. The Chief Justice or the designee of the Chief Justice shall promptly notify the senior judge, and the court or courts to which the judge is assigned, of the assignment.

�� (4) Each senior judge assigned as provided in this section has all the judicial powers and duties, while serving under the assignment, of a regularly elected and qualified judge of the court to which the senior judge is assigned. The powers, jurisdiction and judicial authority of the senior judge in respect to any case or matter tried or heard by the senior judge while serving under the assignment shall continue beyond the expiration of the assignment so far as may be necessary to:

�� (a) Decide and dispose of any case or matter on trial or held under advisement.

�� (b) Hear and decide any motion for a new trial or for a judgment notwithstanding a verdict, or objections to any cost bill, that may be filed in the case.

�� (c) Settle a transcript for appeal and grant extensions of time therefor.

�� (5) A senior judge assigned as provided in this section shall receive as compensation for each day the senior judge is actually engaged in the performance of duties under the assignment an amount equal to five percent of the gross monthly salary of a regularly elected and qualified judge of the court to which the senior judge is assigned, or one-half of that daily compensation for services of one-half day or less. However, a retired judge shall not receive for services as a senior judge during any calendar year a sum of money which when added to the amount of any judicial retirement pay received by the senior judge for the year exceeds the annual salary of a judge of the court from which the senior judge retired. The compensation shall be paid upon the certificate of the senior judge that the services were performed for the number of days shown in the certificate. Services by a senior judge under an assignment and receipt of compensation for services shall not reduce or otherwise affect the amount of any retirement pay to which the senior judge otherwise would be entitled.

�� (6) A senior judge assigned to a court located outside the county in Oregon in which the senior judge regularly resides shall receive, in addition to daily compensation, reimbursement for hotel bills and traveling expenses necessarily incurred in the performance of duties under the assignment. The expenses shall be paid upon presentation of an itemized statement of the expenses, certified by the senior judge to be correct. [1973 c.452 �2; 1975 c.706 �9; 1979 c.56 �1; 1983 c.628 �1; 1987 c.762 �2; 2003 c.518 �7; 2023 c.302 �2]

�� 1.303 Disability of judge; procedures upon receipt by Chief Justice of complaint or information. (1) As used in this section and ORS 1.425:

�� (a) �Judge� means a judge of any court of this state.

�� (b) �Subject judge� means a judge whose alleged disability is involved in proceedings under this section or ORS 1.425.

�� (c) �Disability� means a physical or mental condition of a judge, including but not limited to impairment derived in whole or in part from habitual or excessive use of intoxicants, drugs or controlled substances, that significantly interferes with the capacity of the judge to perform judicial duties. A disability may be permanent or temporary.

�� (2) When the Chief Justice of the Supreme Court receives a complaint as provided in ORS

ORS 1.410

1.410 to 1.480 unless expressly or impliedly waived by the person tendering the document to or testifying in such proceedings or except in a criminal prosecution for perjury or false swearing before the commission.

�� (3) Members of the commission, masters appointed pursuant to ORS 1.420 or 1.425 and staff of the commission shall not disclose or use any investigation, testimony or documents which are not public records as defined in ORS 1.410 to 1.480 for any purpose other than in connection with their official duties in the administration of ORS 1.410 to 1.480. The commission may, upon the request of a judge who has been the subject of a complaint and proceedings thereon that are not public records, state the disposition of the complaint and proceedings and the reasons for its decision when the commission finds that the complaint or proceedings have been publicized and fairness requires such comment. [1967 c.294 �8; 1981 c.354 �2; 1987 c.520 �6; 1997 c.720 �3]

�� 1.450 Status of testimony in proceedings under ORS 1.420 or 1.425. Any testimony given by a witness compelled to appear before the Commission on Judicial Fitness and Disability or the masters appointed pursuant to ORS 1.420 or 1.425 shall not be used against the witness in any criminal action or proceeding, nor shall any criminal action or proceeding be brought against such witness on account of any testimony so given by the witness, except for perjury or false swearing committed before the commission or the masters. [1967 c.294 �14; 1987 c.520 �7]

�� 1.460 Judge not to participate in proceedings involving self except in defense. A judge who is a member of the Commission on Judicial Fitness and Disability or of the Supreme Court or who acts as a master under ORS 1.420 or 1.425 shall not participate in any proceedings involving the conduct or alleged disability of the judge except in the defense of the judge. [1967 c.294 �9; 1987 c.520 �8]

�� 1.470 Service of process; proof; return; witness fees. (1) Process issued by the commission or by the chairperson and vice chairperson of the commission shall be served by a person authorized to serve summons and in the manner prescribed for the service of a summons upon a defendant in a civil action in a circuit court. The process shall be returned to the authority issuing it within 10 days after its delivery to the person for service, with proof of service as for summons or that the person cannot be found. When served outside the county in which the process originated, the process may be returned by mail. The person to whom the process is delivered shall indorse thereon the date of delivery.

�� (2) Each witness compelled to attend any proceedings under ORS 1.420 or 1.425, other than an officer or employee of the state, a public corporation, or a political subdivision, shall receive for attendance the same fees and mileage allowance allowed by law to a witness in a civil case, payable from funds appropriated to the commission. [1967 c.294 ��11,12; 1973 c.827 �1; 1977 c.877 �1; 1979 c.284 �41; 1987 c.520 �9]

�� 1.475 Procedure when process not obeyed. (1) Whenever a person summoned by the Commission on Judicial Fitness and Disability fails to appear to testify or fails to produce any books, papers, records or documents as required, or whenever any person so summoned refuses to answer any question pertinent to the subject under inquiry before the commission, or the masters appointed pursuant to ORS 1.420 or 1.425, the commission may apply to the circuit court for the county in which the failure occurred for an order to the person to attend and testify, or otherwise to comply with the demand or request of the commission or the masters.

�� (2) The application to the court shall be by ex parte motion upon which the court shall make an order requiring the person against whom it is directed to comply with the demand or request of the commission within three days after service of the order, or within such further time as the court may grant, or to justify the failure within that time.

�� (3) The order shall be served upon the person to whom it is directed in the manner required by this state for the service of process, which service is required to confer jurisdiction upon the court. Failure to obey an order issued by the court under this section is contempt of court. [1967 c.294 �13; 1987 c.520 �10]

�� 1.480 Officers; quorum; compensation and expenses. (1) The Commission on Judicial Fitness and Disability shall select one of its members as chairperson, and another as vice chairperson, for such terms and to perform such functions as the commission shall determine.

�� (2) A majority of the commission constitutes a quorum for the transaction of business. Every recommendation on matters relating to the removal of a judge to the Supreme Court must be concurred in by a majority of the members of the commission.

�� (3) A member of the Commission on Judicial Fitness and Disability is entitled to compensation and expenses as provided in ORS 292.495. [1967 c.294 ��4,5; 1969 c.314 �2]

�� 1.510 [Formerly 484.420; 1969 c.314 �3; 1971 c.404 �3; 1973 c.43 �1; 1973 c.374 �1; 1975 c.304 �2; 1979 c.477 �1; 1983 c.740 �3; repealed by 1985 c.725 �17]

�� 1.520 [Formerly 484.410; 1971 c.404 �4; 1973 c.374 �2; 1977 c.132 �7; 1981 c.692 �4; 1981 s.s. c.3 �4; 1985 c.396 �5; 1985 c.725 �8a; 1993 c.531 �3; 1995 c.383 �120; 1995 c.545 �1a; 1995 c.781 �52; repealed by 1999 c.1051 �74]

CITATION AND PETITION FORMS

�� 1.525 Uniform citation and petition forms for certain offenses. (1) The Supreme Court shall adopt one or more forms for the following purposes:

�� (a) A form of uniform violation citation for the purposes of ORS 153.045;

�� (b) A form of uniform criminal citation without complaint for the purposes of ORS 133.068;

�� (c) A form of uniform criminal citation with complaint for the purposes of ORS 133.069;

�� (d) Any form of uniform citation for categories of offenses as the court finds necessary or convenient; and

�� (e) A uniform petition for a driving while under the influence of intoxicants diversion agreement for the purposes of ORS 813.210.

�� (2) If changes are made to a uniform citation form under this section, the Supreme Court shall make a reasonable effort to minimize the financial impact of the changes on the state agencies and political subdivisions of this state that use the uniform citation form. Where possible, the effort to minimize the financial impact shall include a reasonable time for the state agencies and political subdivisions to exhaust their existing supplies of the citation form before the changes become effective.

�� (3) Except as provided in subsection (4) of this section, the uniform citation forms adopted by the Supreme Court under this section must be used by all enforcement officers, as defined in ORS 153.005, when issuing a violation citation or criminal citation.

�� (4) The uniform citation forms adopted by the Supreme Court under this section need not be used for:

�� (a) Offenses created by ordinance or agency rule governing parking of vehicles; or

�� (b) Offenses created by the ordinances of political subdivisions. [1979 c.477 �3; 1981 c.692 �5; 1981 c.803 �1; 1983 c.338 �879; 1985 c.725 �9; 1999 c.1051 �73]

�� 1.530 [Formerly 484.430; repealed by 1973 c.43 �2]

REPRESENTATION OF JUDGES BY PRIVATE COUNSEL

�� 1.550 Private counsel for judges. Whenever, pursuant to ORS chapter 180, the Attorney General is requested to represent a judge of the Supreme Court, Court of Appeals, Oregon Tax Court or circuit court and declines to do so, the judge may, subject to the provisions of ORS 30.260 to 30.300 and 30.310 to 30.400, employ private counsel as provided under ORS 1.560. [1977 c.79 �2]

�� 1.560 Procedure for employment of private counsel; terms and conditions. In any case in which the judge desires the appointment of private counsel, the judge shall so notify the State Court Administrator. The State Court Administrator, under the direction of the Supreme Court, may authorize the judge to employ private counsel under the following circumstances:

�� (1) When the judge is a defendant in an action, suit or proceeding and there is no other party directly interested in the outcome of the action, suit or proceeding who should fairly bear the cost of representation;

�� (2) When the judge is a defendant in an action, suit or proceeding and the State Court Administrator concludes that no party interested in the outcome of the action, suit or proceeding will provide adequate representation for the judge; or

�� (3) In any action, suit or proceeding, when the State Court Administrator finds that employing private counsel is necessary to protect the public interest, the integrity of the judicial system, or the interests of the judge in performing duties as a state officer. [1977 c.79 �3; 2007 c.71 �2]

�� 1.570 Claims for compensation of private counsel; approval by State Court Administrator. If private counsel is employed under ORS 1.560, such counsel shall submit to the State Court Administrator a verified and detailed claim for compensation, which claim shall include a statement of reimbursable expense incurred and the amount of time devoted to the matter on behalf of the judge. The State Court Administrator, under the direction of the Supreme Court, shall examine the claim and shall approve payment thereof in a reasonable amount. [1977 c.79 �4]

JUDGES PRO TEMPORE

�� 1.600 Appointment pro tempore to Supreme Court or Court of Appeals; powers and duties. (1) The Supreme Court may appoint any regularly elected and qualified, or appointed and qualified, judge of the Court of Appeals, Oregon Tax Court or circuit court to serve as judge pro tempore of the Supreme Court, or any regularly elected and qualified, or appointed and qualified, judge of the Supreme Court, Oregon Tax Court or circuit court to serve as judge pro tempore of the Court of Appeals, whenever the Supreme Court determines that the appointment is reasonably necessary and will promote the more efficient administration of justice.

�� (2) An appointment under this section shall be made by order of the Supreme Court. The order shall designate the court to which the judge is appointed and the duration of the appointment. The Supreme Court shall cause a certified copy of the order to be sent to the judge appointed and another certified copy to be filed in the records of the court to which the judge is appointed.

�� (3) Each judge serving as judge pro tempore as provided in this section has all the judicial powers and duties, while so serving, of a regularly elected and qualified judge of the court to which the judge is appointed. However, a judge pro tempore shall not participate in the review of any case in which the judge pro tempore participated while serving on a lower court. Every decision, order or determination made by the Supreme Court or Court of Appeals while one or more judges pro tempore are serving as judges of the court shall be as binding and effective in every respect as if all of the judges participating were regularly elected and qualified judges of the court. [1975 c.706 �1; 1995 c.781 �5a; 2003 c.518 �8]

�� 1.605 Compensation and expenses for judges under ORS 1.600. (1) A judge of the Supreme Court serving as judge pro tempore of the Court of Appeals as provided in ORS 1.600 shall receive the regular salary and expenses of a judge of the Supreme Court, including reimbursement for hotel bills and traveling expenses necessarily incurred by the judge pro tempore in the performance of duties as judge pro tempore.

�� (2) A judge of the Court of Appeals serving as judge pro tempore of the Supreme Court or a judge of the Oregon Tax Court or circuit court serving as judge pro tempore of the Supreme Court or Court of Appeals as provided in ORS 1.600 shall receive during the period of service as judge pro tempore, in addition to regular salary and expenses, the following compensation and expenses:

�� (a) An amount equal to the salary for the period of a regularly elected and qualified judge of the court to which the judge is appointed diminished by the amount received by the judge for the period in payment of regular salary as a judge; and

�� (b) If the judge is required to travel outside the county where the court of the judge is located, reimbursement for hotel bills and traveling expenses necessarily incurred by the judge in the performance of duties as judge pro tempore.

�� (3) The additional compensation and expenses payable under this section shall be paid by the state upon an itemized statement of the compensation and expenses, certified by the judge pro tempore that the services were performed and the expenses were necessarily and actually incurred. [1975 c.706 �2]

�� 1.610 [1965 c.494 �1; 1967 c.270 �1; 1969 c.198 �27; 1969 c.577 �1; repealed by 1971 c.311 �2]

�� 1.615 Appointment pro tempore to tax court or circuit court; powers and duties. (1) The Supreme Court may assign any regularly elected and qualified, or appointed and qualified, judge of the Supreme Court, Court of Appeals, Oregon Tax Court or circuit court to serve as judge pro tempore of the tax court or any circuit court, whenever the Supreme Court determines that the assignment is reasonably necessary and will promote the more efficient administration of justice.

�� (2) It is the duty of a judge assigned under this section to comply with the assignment. A judge assigned under this section is not required to take, subscribe or file any additional oath of office.

�� (3) Each judge assigned as provided in this section has all the judicial powers and duties, while serving under the assignment, of a regularly elected and qualified judge of the court to which the judge is assigned. The powers, jurisdiction and judicial authority of the judges in respect to any case or matter tried or heard by the judge while serving under the assignment shall continue beyond the expiration of the assignment so far as may be necessary to:

�� (a) Decide and dispose of any case or matter on trial or held under advisement.

�� (b) Hear and decide any motion for a new trial or for a judgment notwithstanding a verdict, or objections to any cost bill, that may be filed in the case.

�� (c) Settle a transcript for appeal and grant extensions of time therefor. [1975 c.706 �3; 1979 c.56 �2; 1989 c.124 �1; 1995 c.781 �5b]

�� 1.620 [1965 c.494 �8; repealed by 1971 c.311 �2]

�� 1.625 Compensation and expenses for judges under ORS 1.615. (1) A judge assigned as provided in ORS 1.615 shall receive the regular salary of the judge and expenses as a judge of the court of the judge.

�� (2) A judge assigned as provided in ORS 1.615 outside the county in which the judge regularly serves shall receive reimbursement for hotel bills and traveling expenses necessarily incurred by the judge in the performance of the duties of the judge under the assignment.

�� 1.630 [1965 c.494 �2; 1969 c.577 �2; repealed by 1971 c.311 �2]

�� 1.635 Appointment pro tempore of eligible person to tax court or circuit court. The Supreme Court may appoint any eligible person to serve as judge pro tempore of the Oregon Tax Court or as judge pro tempore of the circuit court in any county or judicial district, whenever the Supreme Court determines that the appointment is reasonably necessary and will promote the more efficient administration of justice. A person is eligible for appointment if the person is a resident of this state and has been a licensee in good standing of the Oregon State Bar for a period of at least three years next preceding the appointment. [1975 c.706 �5; 1987 c.762 �1; 1989 c.124 �2; 2003 c.518 �9; 2025 c.32 �61]

�� 1.640 [1965 c.494 �3; 1967 c.270 �2; 1969 c.198 �28; repealed by 1971 c.311 �2]

�� 1.645 Transfer, challenge, disqualification, supervision of person appointed under ORS 1.635. (1) A judge pro tempore of a circuit court appointed to serve in any county or judicial district as provided in ORS 1.635 may, at any time while serving under the appointment, be transferred and assigned by the Supreme Court to serve as judge pro tempore in any one or more other counties or judicial districts during the term of the appointment.

�� (2) Each judge pro tempore appointed and qualified as provided in ORS 1.635 has all the judicial powers, duties, jurisdiction and authority, while serving under the appointment, of a regularly elected and qualified judge of the court to which the judge pro tempore is appointed or assigned.

�� (3) The eligibility, appointment or qualification of an appointee under ORS 1.635, or the right of the appointee to hold the position of judge pro tempore in any particular county or judicial district while serving under the appointment, is subject to challenge only in a direct proceeding instituted for that purpose as provided in ORS 30.510 to 30.640. The proceeding may be instituted in the Supreme Court if it consents to take original jurisdiction thereof.

�� (4) A judge pro tempore appointed as provided in ORS 1.635 is subject to disqualification to sit in any case for any of the causes specified in ORS 14.210 or 14.250.

�� (5) A judge pro tempore appointed as provided in ORS 1.635 or assigned as provided in subsection (1) of this section to a court with one or more regularly elected and qualified judges on active duty shall be subject to the directions of the regular presiding judge of the court in respect to the assignment of cases and the general administration of the business of the court. [1975 c.706 �6]

�� 1.650 [1965 c.494 �4; repealed by 1971 c.311 �2]

�� 1.655 Extension and termination of appointment under ORS 1.635; eligibility to appear as attorney. (1) It is the duty of a judge pro tempore appointed as provided in ORS 1.635 to hear, decide and dispose of all cases and matters submitted to the judge pro tempore as promptly as the nature of the questions involved will permit. The powers, jurisdiction and judicial authority of the judge pro tempore in respect to any case or matter tried or heard by the judge pro tempore while serving under the appointment shall continue beyond the expiration of the appointment so far as may be necessary to:

�� (a) Decide and dispose of any case or matter on trial or held under advisement.

�� (b) Hear and decide any motion for a new trial or for a judgment notwithstanding a verdict, or objections to any cost bill, that may be filed in the case.

�� (c) Settle a transcript for appeal and grant extensions of time therefor.

�� (2) The Supreme Court at any time by order may:

�� (a) Extend the term of appointment of a judge pro tempore appointed as provided in ORS 1.635.

�� (b) Terminate the term of appointment of a judge pro tempore appointed as provided in ORS 1.635 as of a date specified in the order; but termination does not affect the validity of any judgment, order or other action of the judge pro tempore prior to the effective date of the termination.

�� (3) A judge pro tempore of a circuit court appointed as provided in ORS 1.635 is not eligible to appear as attorney in that court in any case tried by a jury during the time the judge pro tempore served as judge pro tempore. [1975 c.706 �7; 2003 c.576 �268; 2015 c.212 �11]

�� 1.660 [1965 c.494 �5; 1967 c.270 �3; 1969 c.706 �64b; repealed by 1971 c.311 �2]

�� 1.665 Compensation and expenses of persons appointed under ORS 1.635. (1) A judge pro tempore appointed as provided in ORS 1.635 shall be entitled to receive upon application therefor as compensation for each day the judge pro tempore is actually engaged in the performance of duties under the appointment an amount equal to five percent of the gross monthly salary of a regularly elected and qualified judge of the court to which the judge is appointed, or one-half of that daily compensation for services of one-half day or less. The compensation shall be paid upon the certificate of the judge pro tempore that the services were performed for the number of days shown in the certificate, and in the same manner as the salaries of the regularly elected and qualified judges are paid. A person who wishes or is willing to serve without compensation may do so.

�� (2) A judge pro tempore appointed as provided in ORS 1.635 or assigned as provided in ORS 1.645 to serve outside the county in which the judge pro tempore resides or maintains an office shall receive, in addition to daily compensation, if any, reimbursement for hotel bills and traveling expenses necessarily incurred by the judge pro tempore in the performance of duties as judge pro tempore. The expenses shall be paid upon an itemized statement of the expenses, certified by the judge pro tempore that the expenses were necessarily and actually incurred, in the same manner as like expenses of regularly elected and qualified judges are paid. [1975 c.706 �8; 1981 c.65 �1]

�� 1.670 [1965 c.494 �6; repealed by 1971 c.311 �2]

�� 1.675 Judge pro tempore ineligible to participate in selection or removal of Chief Justice, Chief Judge or presiding judge. A person appointed or assigned to serve and serving as judge pro tempore of a court under ORS 1.600, 1.615 or 1.635 is not eligible to be, or to participate in the selection or removal of, the Chief Justice, Chief Judge or presiding judge of the court to which the person is appointed or assigned. [1981 s.s. c.1 �6]

�� 1.680 [1965 c.494 �7; 1969 c.314 �4; repealed by 1971 c.311 �2]

�� 1.690 [1965 c.494 �9; repealed by 1971 c.311 �2]

�� 1.700 [1965 c.494 �10; repealed by 1971 c.311 �2]

�� 1.710 [1965 c.494 �11; 1967 c.270 �4; repealed by 1971 c.311 �2]

COUNCIL ON COURT PROCEDURES

�� 1.725 Legislative findings. The Legislative Assembly finds that:

�� (1) Oregon laws relating to civil procedure designed for the benefit of litigants which meet the needs of the court system and the bar are necessary to assure prompt and efficient administration of justice in the courts of the state.

�� (2) No coordinated system of continuing review of the Oregon laws relating to civil procedure now exists.

�� (3) Development of a system of continuing review of the Oregon laws relating to civil procedure requires the creation of a Council on Court Procedures.

�� (4) A Council on Court Procedures will be able to review the Oregon laws relating to civil procedure and coordinate and study proposals concerning the Oregon laws relating to civil procedure advanced by all interested persons. [1977 c.890 �1]

�� 1.730 Council on Court Procedures; membership; terms; rules; meetings; expenses of members. (1) There is created a Council on Court Procedures consisting of:

�� (a) One judge of the Supreme Court, chosen by the Supreme Court.

�� (b) One judge of the Court of Appeals, chosen by the Court of Appeals.

�� (c) Eight judges of the circuit court, chosen by the Executive Committee of the Circuit Judges Association.

�� (d) Twelve licensees of the Oregon State Bar, appointed by the Board of Governors of the Oregon State Bar. The Board of Governors, in making the appointments referred to in this paragraph, shall include but not be limited to appointments from licensees of the bar active in civil trial practice, to the end that the lawyer members of the council shall be broadly representative of the trial bar and the regions of the state.

�� (e) One public member, chosen by the Supreme Court.

�� (2)(a) A quorum of the council shall be constituted by a majority of the members of the council. If a quorum is present, an affirmative vote by a majority of the members of the council who are present is required for action by the council on all matters other than promulgation of rules under ORS 1.735. An affirmative vote of fifteen members of the council shall be required to promulgate rules pursuant to ORS 1.735.

�� (b) The council shall adopt rules of procedure and shall choose, from among its membership, annually, a chairperson to preside over the meetings of the council.

�� (3)(a) All meetings of the council shall be held in compliance with the provisions of ORS

ORS 100.627

100.627:

�� (a) The land, if any, whether fee simple, leasehold, easement or other interest or combination thereof, and whether contiguous or noncontiguous;

�� (b) Any buildings, improvements and structures on the property; and

�� (c) Any easements, rights and appurtenances belonging to the property.

�� (6) �Condominium unit� means a part of the property:

�� (a) That is described in ORS 100.020 (3);

�� (b) That is intended for any type of independent ownership; and

�� (c) The boundaries of which are described pursuant to ORS 100.105 (1)(d).

�� (7) �Condominium unit owner� means, except to the extent the declaration or bylaws provide otherwise, the person owning fee simple interest in a condominium unit, the holder of a vendee�s interest in a condominium unit under a recorded installment contract of sale or, in the case of a leasehold condominium, the holder of the leasehold estate in a condominium unit.

�� (8) �Contributing resource� means a building, site or structure that adds to the historic significance of a historic property or historic district.

�� (9) �Developer� means, with respect to a condominium, a declarant who records a declaration under ORS 100.100 or a supplemental declaration under ORS 100.110 or any person who purchases an interest in a condominium from a declarant, successor declarant or subsequent developer for the primary purpose of resale.

�� (10) �Governing body� means the city or county legislative body having jurisdiction over the property that is the subject of an application for historic property special assessment under ORS 358.480 to 358.545.

�� (11) �Historic property� means real property that:

�� (a) Is currently listed, either individually or as a contributing resource, in the National Register of Historic Places established and maintained under the National Historic Preservation Act of 1966 (P.L. 89-665);

�� (b) Is currently not a contributing resource in a listed national register district or property but that, in the opinion of the State Historic Preservation Officer, is eligible to become a contributing resource as a result of a proposed preservation plan; or

�� (c) Has been determined to be eligible for listing in the National Register of Historic Places by the State Historic Preservation Officer.

�� (12) �Historic rehabilitation standards� means the United States Secretary of the Interior�s Standards for Rehabilitation as in effect on September 28, 2009.

�� (13) �Maintenance� means action taken to mitigate wear and deterioration of a historic property without altering the historic character of the property, including action taken to protect and repair the condition of the property with the least possible impact on the historic character of the property.

�� (14) �Owner� means a purchaser of real property under a recorded instrument of sale. In the case of multiple purchasers, �owner� may be a designee of the purchasers.

�� (15) �Preservation�:

�� (a) Means the act or process of applying measures necessary to sustain the existing form, integrity and materials of an historic property, including but not limited to the ongoing maintenance and repair of historic materials.

�� (b) Does not include the extensive replacement of historic materials or new construction.

�� (16) �Preservation plan� means a written document, photographs and drawings that outline the work of preservation, maintenance and rehabilitation proposed for completion while the property is receiving historic property special assessment or completed not more than 24 months before the date of application for historic property special assessment.

�� (17) �Rehabilitation� means the process of repairing or altering a historic property in order to return the property to a state of utility in which an efficient contemporary use is possible, while preserving those portions and features of the property that are significant to the historic, architectural and cultural values of the property.

�� (18) �Seismic improvement� means construction or other measures that improve the seismic performance or structural stability of property or that reduce the potential for heavy structural damage to property or harm to people in or adjacent to the property in the event of an earthquake.

�� (19) �Sustainability� means, with respect to historic property, fulfilling present and future needs by using, without harming, renewable resources and unique human and environmental systems of a site, including air, water, land, energy, human ecology and other sustainable systems.

�� Note: See second note under 358.475.

�� 358.482 [1995 c.693 �2; 2001 c.540 �3; repealed by 2009 c.892 �20]

�� 358.485 [1975 c.514 �3; 1983 c.720 �3; 1989 c.904 �54; 1995 c.693 �15; repealed by 2001 c.540 �25]

(Application)

�� 358.487 Application for classification and special assessment of commercial property as historic property; reapplication for additional consecutive term; fee; rules. (1) An owner of commercial property may seek classification and special assessment as historic property under ORS 358.480 to 358.545 for the property by applying to the State Historic Preservation Officer on forms approved by the officer.

�� (2) The application must include or be accompanied by:

�� (a) A preservation plan that:

�� (A) Commits the applicant to expend, within the first five years for which historic property special assessment is granted, an amount not less than 10 percent of the historic property�s real market value on the last certified assessment and tax roll as of the date of application;

�� (B) Focuses on exterior features, especially those visible from a public way, and on structural members of the property;

�� (C) Meets the historic rehabilitation standards with respect to work proposed in the plan;

�� (D) May include the treatment of significant interior features, as determined by the State Historic Preservation Officer; and

�� (E) May address compliance with the Americans with Disabilities Act of 1990 (P.L. 101-336), as amended, seismic improvements and improvements in energy and water conservation.

�� (b) An application fee established by the State Historic Preservation Officer by rule.

�� (c) A copy of the property�s current property tax statement.

�� (d) Proof that the owner has property insurance on the property in an amount at least equal to the real market value of the property on the last certified assessment and tax roll as of the date of application.

�� (e) The written consent of the owner to the viewing of the property by the State Historic Preservation Officer.

�� (3) The application must be received on or before March 1 of the assessment year for which classification and special assessment as historic property are sought.

�� (4)(a) Property must be classified as historic property in order to be specially assessed as historic property.

�� (b) Property may be classified as historic property if the property:

�� (A) Is currently listed, either individually or as a contributing resource, in the National Register of Historic Places established and maintained under the National Historic Preservation Act of 1966 (P.L. 89-665);

�� (B) Is a building, structure, object or site that is on or within an historic property currently listed in the National Register of Historic Places; or

�� (C) In the opinion of the State Historic Preservation Officer, is eligible:

�� (i) To become a contributing resource as a result of a proposed preservation plan; or

�� (ii) For listing in the National Register of Historic Places.

�� (c) Property classified under paragraph (b)(C) of this subsection must become listed in the National Register of Historic Places within two years following the property�s classification as historic property under ORS 358.490.

�� (5) An owner of historic property that has been granted historic property special assessment may reapply for another term of special assessment for the property to begin following the completion of the current term.

�� (6)(a) The application fee required under subsection (2) of this section becomes nonrefundable after approval under ORS 358.490 of the application to which the fee relates.

�� (b) The application fee shall be deposited in the State Parks and Recreation Department Fund for use by the State Parks and Recreation Director or for transfer to the Oregon Property Management Account established under ORS 358.680 to 358.690. [1995 c.693 �3; 1997 c.541 �427; 2001 c.540 �4; 2005 c.22 �257; 2007 c.718 �1; 2009 c.892 �3; 2025 c.209 �2]

�� Note: The amendments to 358.487 by section 2, chapter 209, Oregon Laws 2025, apply to applications for classification and special assessment under 358.480 to 358.545 filed on or after September 26, 2025, for property tax years beginning on or after July 1, 2026. See section 22, chapter 209, Oregon Laws 2025. The text that applies to applications for classification and special assessment under 358.480 to 358.545 filed before September 26, 2025, for property tax years beginning before July 1, 2026, is set forth for the user�s convenience.

�� 358.487. (1) An owner of historic property desiring classification and special assessment under ORS 358.480 to 358.545 for the property shall apply to the State Historic Preservation Officer on forms approved by the officer.

�� (2) The application must include or be accompanied by:

�� (a) A preservation plan as defined in ORS 358.480. The preservation plan must commit the applicant to expend, within the first five years for which historic property special assessment is granted, an amount not less than 10 percent of the historic property�s real market value determined as of the assessment date for the first tax year to which the historic property special assessment applies. The focus of the preservation plan must be on exterior features, especially those visible from a public way, and structural members of the property. The treatment of significant interior features, as determined by the State Historic Preservation Officer, may also be included in the plan, but unless specifically required by the officer, work in bathrooms, kitchens, basements and attics is not included in the preservation plan. Work proposed in the plan must meet the historic rehabilitation standards.

�� (b) Payment of an application fee equal to:

�� (A) One-tenth of one percent of the assessed value of the property, as of the assessment date, for the year in which application is made; or

�� (B) For property that does not have an assessed value, one-tenth of one percent of the product of the real market value of the property for the tax year in which the application is made multiplied by the ratio of the average maximum assessed value over the average real market value for that tax year of property in the same area and property class.

�� (c) A copy of the property�s current tax statement.

�� (d) Proof that the owner has property insurance on the property in an amount equal to the replacement value of the property.

�� (e) The written consent of the owner to the viewing of the property by the State Historic Preservation Officer.

�� (3) The application must be made before April 1 of the assessment year for which classification and special assessment as historic property are desired.

�� (4)(a) Property must be classified as historic property in order to be certified for historic property special assessment.

�� (b) Notwithstanding paragraph (a) of this subsection, property may be certified for historic property special assessment upon a determination of eligibility by the State Historic Preservation Officer under ORS 358.480 (11)(b) or (c). Property certified under this paragraph must become listed in the National Register of Historic Places within two years of certification under ORS 358.490.

�� (5) Classification and special assessment pursuant to an application made under this section are granted for 10 consecutive property tax years, starting in the tax year beginning on July 1 of the assessment year described in subsection (3) of this section.

�� (6) The application fee required under subsection (2) of this section shall be deposited in the State Parks and Recreation Department Fund for use by the State Parks and Recreation Director or for transfer to the Oregon Property Management Account established under ORS 358.680 to 358.690, upon the advice of the State Advisory Committee on Historic Preservation. The application fee becomes nonrefundable after certification as described in ORS 358.495.

�� Note: See second note under 358.475.

�� 358.490 Review and approval of application; withdrawal; amendment of plan. (1)(a) After an application is filed under ORS 358.487, the State Historic Preservation Officer:

�� (A) Shall determine whether the application meets the requirements of ORS 358.487; and

�� (B) May view the premises of the property that is the subject of the application.

�� (b) If the officer determines that the application does not meet the requirements of ORS

ORS 105.100

105.100 to 105.168, a petitioner or guardian petitioner may enforce an order issued under ORS 124.005 to 124.040. [1995 c.666 ��5,5a; 2003 c.257 �3a; 2005 c.671 �9; 2007 c.70 �26]

�� 124.020 Ex parte hearing; required findings; judicial relief; forms; request by respondent for hearing. (1) When a petitioner or guardian petitioner files a petition under ORS 124.010, the circuit court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day. Upon a showing that the elderly person or person with a disability named in the petition has been the victim of abuse committed by the respondent within 180 days preceding the filing of the petition and that there is an immediate and present danger of further abuse to the person, the court shall, if requested by the petitioner or guardian petitioner, order, for a period of one year or until the order is withdrawn or amended, whichever is sooner:

�� (a) That the respondent be required to move from the residence of the elderly person or person with a disability, if in the sole name of the person or if jointly owned or rented by the person and the respondent, or if the parties are married to each other;

�� (b) That a peace officer accompany the party who is leaving or has left the parties� residence to remove essential personal effects of the party;

�� (c) That the respondent be restrained from abusing, intimidating, molesting, interfering with or menacing the elderly person or person with a disability, or attempting to abuse, intimidate, molest, interfere with or menace the person;

�� (d) That the respondent be restrained from entering, or attempting to enter, on any premises when it appears to the court that such restraint is necessary to prevent the respondent from abusing, intimidating, molesting, interfering with or menacing the elderly person or person with a disability;

�� (e) That the respondent be:

�� (A) Restrained, effective on a date not less than 150 days from the date of the order, from mailing the elderly person or person with a disability any sweepstakes promotion;

�� (B) Required to remove the elderly person or person with a disability from the respondent�s sweepstakes promotion mailing list or place the person on a list of persons to whom sweepstakes promotions may not be mailed; and

�� (C) Required to promptly refund any payment received in any form from the elderly person or person with a disability after the date the order is entered by the court; or

�� (f) Except as provided in subsection (2) of this section, other relief that the court considers necessary to provide for the safety and welfare of the elderly person or person with a disability.

�� (2)(a) If the court finds that the elderly person or person with a disability has been the victim of abuse as defined in ORS 124.005 (1)(g), the court may order only relief that the court considers necessary to prevent or remedy the wrongful taking or appropriation of the money or property of the person, including but not limited to:

�� (A) Directing the respondent to refrain from exercising control over the money or property of the person;

�� (B) Requiring the respondent to return custody or control of the money or property of the person to the person;

�� (C) Requiring the respondent to follow the instructions of the guardian or conservator of the person; or

�� (D) Prohibiting the respondent from transferring the money or property of the elderly person or person with a disability to any person other than the elderly person or person with a disability.

�� (b) The court may not use a restraining order issued under ORS 124.005 to 124.040:

�� (A) To allow any person other than the elderly person or person with a disability to assume responsibility for managing any of the money or property of the elderly person or person with a disability; or

�� (B) For relief that is more appropriately obtained in a protective proceeding filed under ORS chapter 125 including, but not limited to, giving control and management of the financial accounts or property of the elderly person or person with a disability for any purpose other than the relief granted under paragraph (a) of this subsection.

�� (3) The showing required under subsection (1) of this section may be made by testimony of:

�� (a) The elderly person or person with a disability;

�� (b) The guardian or guardian ad litem of the elderly person or person with a disability;

�� (c) Witnesses to the abuse; or

�� (d) Adult protective services workers who have conducted an investigation.

�� (4) Immediate and present danger under this section includes but is not limited to situations in which the respondent has recently threatened the elderly person or person with a disability with additional abuse.

�� (5) When a guardian petitioner files a petition on behalf of an elderly person or a person with a disability, the guardian petitioner shall provide information about the person and not about the guardian petitioner where the petition, order or related forms prescribed under subsection (6) of this section require information about the petitioner.

�� (6) The State Court Administrator shall prescribe the content and form of the petition, order and related forms for use under ORS 124.005 to 124.040. The clerk of the court shall make available the forms and an instruction brochure.

�� (7) If the court orders relief:

�� (a) The clerk of the court shall provide without charge the number of certified true copies of the petition and order necessary to effect service and shall have a true copy of the petition and order delivered to the county sheriff for service upon the respondent, unless the court finds that further service is unnecessary because the respondent appeared in person before the court.

�� (b) The county sheriff shall serve the respondent personally unless the petitioner or guardian petitioner elects to have the respondent served personally by a private party or by a peace officer who is called to the scene of a domestic disturbance at which the respondent is present, and who is able to obtain a copy of the order within a reasonable amount of time. Proof of service shall be made in accordance with ORS 124.030.

�� (c) A respondent accused of committing abuse by means of a sweepstakes promotion may be served:

�� (A) Personally;

�� (B) By mailing certified true copies of the petition and order by certified mail to the address to which the elderly person or person with a disability would have sent the payment for goods or services promoted in the sweepstakes promotion had the elderly person or person with a disability been ordering the goods or services; or

�� (C) In the manner directed by the court.

�� (d) No filing fee, service fee or hearing fee shall be charged for proceedings seeking only the relief provided under ORS 124.005 to 124.040.

�� (8) If the county sheriff:

�� (a) Determines that the order and petition are incomplete, the order and petition shall be returned to the clerk of the court. The clerk of the court shall notify the petitioner or guardian petitioner, at the address provided by the petitioner or guardian petitioner, of the error or omission.

�� (b) After accepting the order and petition, cannot complete service within 10 days, the sheriff shall notify the petitioner or guardian petitioner, at the address provided by the petitioner or guardian petitioner, that the documents have not been served. If the petitioner or guardian petitioner does not respond within 10 days, the county sheriff shall hold the order and petition for future service and file a return to the clerk of the court showing that service was not completed.

�� (9)(a) Within 30 days after a restraining order is served on the respondent under this section or within 30 days after notice is served on the elderly person or person with a disability under ORS 124.024, the respondent, elderly person or person with a disability may request a court hearing upon any relief granted. The hearing request form shall be available from the clerk of the court in the form prescribed by the State Court Administrator.

�� (b) If the respondent, elderly person or person with a disability requests a hearing under paragraph (a) of this subsection, the clerk of the court shall notify the petitioner or guardian petitioner of the date and time of such hearing, and shall supply the petitioner or guardian petitioner with a copy of the request for a hearing. The petitioner or guardian petitioner shall give to the clerk of the court information sufficient to allow such notification.

�� (c) The hearing is not limited to the issues raised in the request for hearing form and may include testimony from witnesses to the abuse and adult protective services workers. The hearing may be held in person or by telephone. If the respondent, elderly person or person with a disability seeks to raise an issue at the hearing not previously raised in the request for hearing form, the petitioner or guardian petitioner is entitled to a reasonable continuance for the purpose of preparing a response to the issue.

�� (d) The court shall exercise its discretion in a manner that protects the elderly person or person with a disability from traumatic confrontation with the respondent. [1995 c.666 ��6,6a; 1997 c.249 �40; 1997 c.863 �5; 1999 c.738 �3; 1999 c.875 �7; 2003 c.257 �4a; 2003 c.264 �3; 2005 c.22 �97; 2005 c.671 �3; 2007 c.70 �27; 2015 c.119 �5; 2015 c.121 �19]

�� 124.022 Service of restraining order by sheriff; transmission by electronic communication device. (1) A sheriff may serve a restraining order issued under ORS 124.020 in the county in which the sheriff was elected and in any county that is adjacent to the county in which the sheriff was elected.

�� (2) A sheriff may serve and enter into the Law Enforcement Data System a copy of a restraining order under ORS 124.020 that was transmitted to the sheriff by a court or law enforcement agency using an electronic communication device. Before transmitting a restraining order to a sheriff under this subsection by telephonic facsimile or electronic mail, the person sending the copy must receive confirmation from the sheriff�s office that an electronic communication device is available and operating. For purposes of this subsection, �electronic communication device� means a device by which any kind of electronic communication can be made, including but not limited to communication by telephonic facsimile and electronic mail. [2003 c.304 �12; 2007 c.255 �9; 2011 c.269 �4]

�� 124.024 Notice to be given by guardian petitioner. (1) A guardian petitioner must give notice of the petition, order and related forms prescribed under ORS 124.020 (6) to the elderly person or person with a disability named in the petition.

�� (2) The guardian petitioner must also serve on the elderly person or person with a disability a notice that contains a statement of the rights of the person as follows:

�� (a) The right to contact and retain counsel;

�� (b) The right to have access to personal records;

�� (c) The right to file objections to the restraining order;

�� (d) The right to request a hearing to contest all or part of the restraining order; and

�� (e) The right to present evidence and cross-examine witnesses at any hearing.

�� (3) Notice provided under subsection (1) of this section must be similar to the notice provided to the respondent and must contain an objection form that the elderly person or person with a disability may complete and mail to the court.

�� (4) Notice under this section must be personally served on the elderly person or person with a disability. The date of personal service must be not later than 72 hours after the court issues a restraining order under ORS 124.020.

�� (5) Proof of service under this section must be filed in the proceeding before the court holds a hearing under ORS 124.015. [2003 c.257 �7; 2003 c.257 �7a; 2005 c.671 �10; 2007 c.70 �28; 2015 c.119 �6]

�� 124.025 Removal of personal effects; accompanying peace officer; limitation on liability. (1) A peace officer who accompanies a party removing essential personal effects pursuant to an order issued under ORS 124.020 shall remain for up to 20 minutes and may temporarily interrupt the removal of property at any time. Nothing in this subsection shall affect a peace officer�s duty to arrest under ORS 133.055 and 133.310.

�� (2) The party removing essential personal effects from the residence pursuant to an order issued under ORS 124.020 is entitled to be accompanied by a peace officer on one occasion only.

�� (3) A peace officer who accompanies a party removing essential personal effects pursuant to an order issued under ORS 124.020 shall have immunity from any liability, civil or criminal, for any actions of the party committed during the removal of essential personal effects. [1995 c.666 �7]

�� 124.030 Proof of service of restraining order to be delivered to sheriff; entry in LEDS; expiration of restraining order; release of respondent pending hearing. (1) Whenever a restraining order, as authorized by ORS 124.015 or 124.020, that includes a security amount and an expiration date pursuant to ORS 124.015 and 124.020 and this section, is issued and the person to be restrained has actual notice of the order, the clerk of the court or any other person serving the petition and order shall immediately deliver to a county sheriff a true copy of proof of service, on which it is stated that personal service of the petition and order was served on the respondent, and copies of the petition and order. Proof of service may be made by affidavit or by declaration under penalty of perjury. If an order entered by the court recites that the respondent appeared in person before the court, the necessity for service of the order and proof of service is waived. Upon receipt of a copy of the order and notice of completion of any required service by a member of a law enforcement agency, the county sheriff shall immediately enter the order into the Law Enforcement Data System maintained by the Department of State Police. If the petition and order were served on the respondent by a person other than a member of a law enforcement agency, the county sheriff shall enter the order into the Law Enforcement Data System upon receipt of a true copy of proof of service. Entry into the Law Enforcement Data System constitutes notice to all law enforcement agencies of the existence of the order. Law enforcement agencies shall establish procedures adequate to ensure that an officer at the scene of an alleged violation of the order may be informed of the existence and terms of the order. The order is fully enforceable in any county in this state.

�� (2)(a) A restraining order shall remain in effect until the order expires or is terminated by court order.

�� (b) When a restraining order has been entered under ORS 124.020, the restraining order shall not be terminated upon a motion for dismissal by the petitioner or guardian petitioner unless the motion is notarized.

�� (3) In any situation where a restraining order described in subsection (1) of this section is terminated before the expiration date, the clerk of the court shall immediately deliver a copy of the termination order to the county sheriff with whom the original order was filed. Upon receipt of the termination order, the county sheriff shall promptly remove the original order from the Law Enforcement Data System.

�� (4) Pending a contempt hearing for an alleged violation of a restraining order issued under ORS 124.015 or 124.020, a person arrested and taken into custody pursuant to ORS 133.310 may be released as provided in ORS 135.230 to 135.290. Whenever a restraining order is issued under ORS 124.015 or 124.020, the issuing court shall set a security amount for the violation of the order. [1995 c.666 �8; 2003 c.257 �5; 2007 c.255 �10; 2011 c.269 �5; 2015 c.121 �20]

�� 124.035 Renewal of restraining order. For good cause shown, the court may renew an order entered under ORS 124.015 or

ORS 105.124

105.124 or 105.126:

�� (A) At least 60 days after service of a written termination notice, if the bona fide tenancy is a fixed term tenancy as defined in ORS 90.100; or

�� (B) At least 30 days after service of a written termination notice if the bona fide tenancy is:

�� (i) A fixed term tenancy and the purchaser intends to occupy, as the purchaser�s primary residence, the dwelling unit that is subject to the fixed term tenancy; or

�� (ii) A month-to-month tenancy or week-to-week tenancy, as those terms are defined in ORS 90.100.

�� (d) If a purchaser gives a 30-day written termination notice pursuant to paragraph (c) of this subsection, the purchaser may include in the notice a request that a tenant with a fixed term tenancy provide written evidence of the existence of the tenancy to the purchaser at an address described in the notice. Written evidence includes a copy of the rental agreement or another document that shows the existence of the fixed term tenancy. The tenant�s failure to provide the requested written evidence before the purchaser files an action for possession based on a 30-day notice:

�� (A) Does not prevent the tenant from asserting the existence of the fixed term tenancy as a defense to the action.

�� (B) Prevents the tenant from recovering prevailing party attorney fees or costs and disbursements pursuant to subsection (11)(b) of this section. The 30-day notice must describe the provisions of this paragraph.

�� (e) A purchaser may not commence a proceeding under ORS 105.100 to 105.168 that is authorized under this subsection before the later of:

�� (A) The 10th day after the trustee�s sale;

�� (B) The date specified in a written notice of the requirement to surrender or deliver possession of the property if the notice is required by and is given to the person in accordance with paragraph (b) of this subsection;

�� (C) The date specified in a written notice of the purchaser�s intent to terminate a tenancy if the notice is required by and is given to the person in accordance with paragraph (c) of this subsection; or

�� (D) The date on which the term of a fixed term tenancy ends, if the property is a dwelling unit and the purchaser has not terminated the tenancy in accordance with paragraph (c) of this subsection.

�� (f) A purchaser that seeks to obtain possession pursuant to ORS 105.100 to 105.168 must attach proof of service of a written termination notice required by paragraph (c) of this subsection to the pleadings.

�� (g) In an action to obtain possession, violation of the procedures required by subsection (5) of this section or paragraph (c) of this subsection is a defense for a bona fide tenant seeking to retain possession.

�� (h) As used in this subsection, �bona fide tenancy� means tenancy of a dwelling unit that is subject to ORS chapter 90 that results from an arm�s-length transaction that occurred before the date of a foreclosure sale in which:

�� (A) The mortgagor or the child, spouse or parent of the mortgagor under the contract is not the tenant; and

�� (B) The rent required is not substantially less than fair market rent for the dwelling unit, unless the rent is reduced or subsidized due to a federal, state or local subsidy.

�� (7) A purchaser shall serve a notice under subsection (6) of this section by one or more of the following methods:

�� (a) Personal delivery to the tenant.

�� (b) First class mail to the tenant at the dwelling unit.

�� (c) First class mail to the tenant at the dwelling unit and attachment of a second notice copy. The second notice copy must be attached in a secure manner to the main entrance to the portion of the premises in the possession of the tenant.

�� (8) If the notice under subsection (6) of this section is served by mail pursuant to subsection (7)(b) of this section, the minimum period for compliance must be extended by three days and the notice must include the extension in the period stated in the notice.

�� (9)(a) Notwithstanding the provisions of subsection (6)(c) of this section and except as provided in paragraph (b) of this subsection, the purchaser is not a landlord subject to the provisions of ORS chapter 90 unless the purchaser:

�� (A) Accepts rent from the individual who possesses the property under a tenancy described in subsection (6)(c) of this section;

�� (B) Enters into a new rental agreement with the individual who possesses the property under a tenancy described in subsection (6)(c) of this section; or

�� (C) Fails to terminate the tenancy as provided in subsection (6)(c) of this section within 30 days after the date of the sale.

�� (b) The purchaser may act as a landlord for purposes of terminating a tenancy in accordance with the provisions of ORS 90.396.

�� (c) The purchaser is subject to the provisions of ORS 90.322, 90.375, 105.165, 659A.421 and

ORS 105.130

105.130, the justice of the peace shall collect, in advance except in criminal cases, and issue receipts for, the following fees:

�� (a) For the first appearance of the plaintiff, $90.

�� (b) For the first appearance of the defendant, $90.

�� (c) In the small claims department, for a plaintiff filing a claim, $37; and for a defendant requesting a hearing, $37.

�� (d) For transcript of judgment, $9.

�� (e) For transcript of judgment from the small claims department, $9.

�� (f) For certified copy of judgment, $9.

�� (g) For issuing writs of execution or writs of garnishment, $20 for each writ.

�� (h) For issuing notices of restitution as provided in ORS 105.151, $10 for each notice.

�� (i) For filing a motion described in ORS 21.200 in an action not in the small claims department, $30.

�� (j) For supplying to private parties copies of records and files, the same fees as provided or established for the county clerk under ORS 205.320.

�� (k) For each official certificate, $10.

�� (L) For taking and certifying for a private party an acknowledgment of proof of any instrument, $10.

�� (m) Costs in criminal cases, where there has been a conviction, or upon forfeiture of security, $5.

�� (2) Not later than the last day of the month immediately following the month in which fees set forth in subsection (1) of this section are collected, the justice of the peace shall pay all such fees, other than those for performing marriage ceremonies, over to the county treasurer of the county wherein the justice of the peace was elected or appointed, for crediting to the general fund of the county, and shall take the receipt of the treasurer therefor. [Amended by 1965 c.619 �25; 1979 c.447 �2; 1987 c.829 �1; 1989 c.583 �10; 1991 c.458 �2; 1997 c.801 �132; 1999 c.1051 �245; 2003 c.687 �1; 2011 c.595 �52b; 2015 c.623 ��1,2]

�� 51.340 Monthly report of fines collected. Justices of the peace in each county shall report to the county treasurer once in each month the amount of all fines collected by them, from whom collected, and what the fine was for, and at the same time pay to the county treasurer in money the full amount of the fines collected. If the justices of the peace have collected no fines, they shall report that fact to the county treasurer.

�� 51.350 [Repealed by 1983 c.77 �1 and 1983 c.310 �21]

�� 51.360 [Repealed by 1983 c.77 �1 and 1983 c.310 �21]

�� 51.410 [Repealed by 1965 c.624 �12]

�� 51.440 [Amended by 1965 c.624 �1; 1971 c.136 �1; 1995 c.658 �59; repealed by 2015 c.212 �19]

�� 51.450 [Amended by 1965 c.624 �3; 1983 c.83 �3; 1995 c.658 �60; repealed by 2015 c.212 �19]

�� 51.460 [Amended by 1965 c.624 �4; 1995 c.658 �61; repealed by 2015 c.212 �19]

�� 51.470 [Amended by 1965 c.624 �5; 1995 c.658 �62; repealed by 2015 c.212 �19]

�� 51.480 [Repealed by 2015 c.212 �19]

�� 51.490 [Amended by 1965 c.624 �6; repealed by 2015 c.212 �19]

�� 51.500 [Amended by 1965 c.624 �7; repealed by 2015 c.212 �19]

�� 51.520 [Repealed by 1953 c.306 �18]

�� 51.530 [Amended by 1965 c.624 �8; repealed by 1973 c.393 �4]

�� 51.540 [Amended by 1965 c.624 �9; repealed by 2015 c.212 �19]

�� 51.550 [Amended by 1965 c.624 �10; repealed by 2015 c.212 �19]

�� 51.610 [Amended by 1965 c.134 �1; 1965 c.624 �11; repealed by 1971 c.136 �3]

�� 51.620 [Repealed by 1971 c.136 �3]

�� 51.630 [Amended by 1959 c.621 �1; repealed by 1971 c.136 �3]

�� 51.640 [Amended by 1965 c.613 �26; repealed by 1971 c.136 �3]

�� 51.650 [Repealed by 1953 c.306 �18]

�� 51.660 [Repealed by 1965 c.510 �24]

�� 51.670 [Amended by 1965 c.510 �22; repealed by 1965 c.624 �12]

�� 51.680 [Repealed by 1953 c.306 �18]

�� 51.690 [Repealed by 1953 c.306 �18]

�� 51.700 [1965 c.624 �2; repealed by 1971 c.136 �3]

ORS 105.161

105.161 or for removal, storage or sale of the defendant�s property under this section and not recovered pursuant to ORS 90.425 (13) or 90.675 (13) shall be added to the judgment.

�� (4) If the plaintiff fails to permit the defendant to recover possession of the defendant�s personal property under subsection (1) of this section, the defendant may recover from the plaintiff, in addition to any other amount provided by law, twice the actual damages or twice the monthly rent, whichever is greater. [1981 c.753 �9; 1989 c.506 �23; 1989 c.910 �5; 1993 c.369 �18; 1995 c.559 �51; 1997 c.577 �39; 2001 c.596 �48; 2003 c.378 �32; 2003 c.658 �10]

�� 105.168 Minor as party in proceedings pertaining to residential dwellings. Notwithstanding ORCP 27 or any other provision of law, a minor, as defined in ORS 109.697 and who is a tenant as defined under ORS 90.100, may appear as a party without appointment of a guardian or guardian ad litem in an action for forcible entry or wrongful detainer, under ORS 105.100 to 105.168 regarding possession of a residential dwelling unit to which ORS chapter 90 applies, or in an action based upon a contract for a residential dwelling unit or for utility services provided to that unit. [1993 c.369 �31]

EASEMENT OWNER OBLIGATIONS

�� 105.170 Definitions for ORS 105.170 to 105.185. For purposes of ORS 105.170 to 105.185:

�� (1) �Easement� means a nonpossessory interest in the land of another which entitles the holders of an interest in the easement to a private right of way, embodying the right to pass across another�s land.

�� (2) �Holders of an interest in an easement� means those with a legal right to use the easement, including the owner of the land across which the easement passes if the owner of the land has the legal right to use the easement. [1989 c.660 �1; 1991 c.49 �1]

�� 105.175 Easement to be kept in repair; sharing costs; agreements. (1) The holders of an interest in any easement shall maintain the easement in repair.

�� (2) The cost of maintaining the easement in repair shall be shared by each holder of an interest in the easement, pursuant to the terms of any agreement entered into by the parties for that purpose or any recorded instrument creating the easement. Any such agreement, or a memorandum thereof, shall be recorded in the real property records of the county in which the easement is located. Failure to record the agreement shall not affect the enforceability of the agreement among the parties to the agreement and any other person with actual notice of the agreement.

�� (3) The cost of maintaining the easement in repair in the absence of an agreement and in the absence of maintenance provisions in a recorded instrument creating the easement shall be shared by each holder of an interest in the easement in proportion to the use made of the easement by each holder of an interest in the easement.

�� (4) Unless inconsistent with an agreement between the holders of an interest in an easement or a recorded instrument creating the easement, in determining proportionate use and settling conflicts the following guidelines apply:

�� (a) The frequency of use and the size and weight of vehicles used by the respective parties are relevant factors.

�� (b) Unless inappropriate, based on the factors contained in paragraph (a) of this subsection or other relevant factors, costs for normal and usual maintenance of the easement and costs of repair of the easement damaged by natural disasters or other events for which all holders of an interest in the easement are blameless may be shared on the basis of percentages resulting from dividing the distance of total normal usage of all holders of an interest in the easement into the normal usage distance of each holder of an interest in the easement.

�� (c) Those holders of an interest in the easement that are responsible for damage to the easement because of negligence or abnormal use shall repair the damage at their sole expense. [1989 c.660 ��2,3,4; 1991 c.49 �2]

�� 105.180 Action for failure to comply with duty of holder; recovery of costs; arbitration. (1) If any holder of an interest in an easement fails to maintain the easement contrary to an agreement or contrary to the maintenance provisions of a recorded instrument creating the easement or, in the absence of an agreement or recorded instrument imposing maintenance obligations, fails after demand in writing to pay the holder�s proportion of the cost as indicated in ORS 105.175 (3) and (4), a civil action for money damages or specific performance or contribution may be brought against that person in a court of competent jurisdiction by one or more of the other holders of an interest in the easement, either jointly or severally. In any such civil action, the court may order such equitable relief as may be just in the circumstances. Nothing in ORS 105.170 to 105.185 shall impose a maintenance obligation on the holder of an interest in an easement based on the maintenance provisions in an instrument creating the easement if such holder is not a party to such instrument, whether the instrument is recorded or not, after such holder ceases to use the easement.

�� (2) The prevailing party shall recover all court costs, arbitration fees and attorney fees.

�� (3) Any holder of an interest in the easement may apply to the court of competent jurisdiction where the easement is located and that has jurisdiction over the amount in controversy for the appointment of an impartial arbitrator to apportion the cost, and the matter may be arbitrated in accordance with ORS 36.600 to 36.740. The application may be made before, during or after performance of the maintenance work. [1989 c.660 �5; 1991 c.49 �3; 2003 c.598 �34]

�� 105.185 Application of ORS 105.170 to 105.185. The provisions of ORS 105.170 to 105.185:

�� (1) Apply to all easements existing on or created after January 1, 1992; and

�� (2) Do not apply to rights of way held or used by providers of public services including, but not limited to, railroad common carriers, pipeline companies, public utilities, electric cooperatives, people�s utility districts, water utility districts, municipally owned utilities and telecommunications utilities, when used for the sole purpose of provision of service or maintaining or repairing facilities for the provision or distribution of service. [1989 c.660 �6; 1991 c.49 �4]

MODIFICATION OF LEASE TERMS

�� 105.190 Covenant of good faith and fair dealing; rights and obligations of parties. Whenever a covenant of good faith and fair dealing is implied in the lease of real property, a party�s rights or duties under such covenant may be modified only by express provision in the lease agreement. [1997 c.845 �1]

ENCUMBRANCES

�� 105.200 Request for itemized statement. (1) As used in this section, �encumbrance� means:

�� (a) A claim, lien, charge or other liability that is attached to and is binding upon real property in this state as security for payment of a monetary obligation; or

�� (b) A reservation of title to real property in this state under a land sale contract.

�� (2)(a) A person, or an agent of the person, that holds a lien that is an encumbrance upon real property may request from a person that holds another lien that is an encumbrance upon the real property an itemized statement of the amount that is necessary to pay off the other lien. The statement must include the per diem interest that accrues after the date of the statement if the obligation that the lien secures bears interest.

�� (b) The person that receives a request for a statement under paragraph (a) of this subsection may provide the statement without the permission of the obligor on the other lien unless federal or state law requires the obligor�s consent. [2019 c.140 �2]

PARTITION

�� 105.205 Who may maintain partition. When several persons hold real property as tenants in common, in which one or more of them have an estate of inheritance, or for life or years, or when several persons hold as tenants in common a vested remainder or reversion in any real property, any one or more of them may maintain a suit for the partition of the real property according to the respective rights of the persons interested therein, and for a sale of all or a part of the property if it appears that a partition cannot be had without great prejudice to the owner.

�� 105.210 When and how partition prevented. (1) If the court finds that the property can neither be partitioned nor sold without great prejudice to the owners, the court may receive evidence as to the value of the respective interests, fix the value thereof, and make an order permitting an owner to borrow money upon the property with which to pay off the interest, as so fixed, of another owner. Subject to subsection (2) of this section, an owner whose interest in the property is to be satisfied shall be fully discharged by proof of payment filed with the court of the amount fixed by the court as the value of that owner�s interest. A discharged owner shall have no further interest in or claim upon the property.

�� (2) A court may not order the discharge of an interest of a public body in real property without the consent of the governing body of the public body. [Amended by 2001 c.606 �1]

�� 105.215 Complaint. The interest of all known and unknown persons in the property shall be specifically and particularly set forth in the complaint for partition, as far as known to the plaintiff. If one or more of the parties, or the share or quantity of interest of any of the parties, is unknown to the plaintiff or is uncertain or contingent, or if the ownership of the inheritance depends upon an executory devise, or the remainder is a contingent remainder, so that the parties cannot be named, that fact shall be set forth in the complaint.

�� 105.220 Tenants and lien creditors as defendants; liens on undivided interests. The plaintiff shall make a tenant in dower, by the curtesy, for life or for years of any portion of the entire property and creditors having a lien upon any portion of the property defendants in the suit. When the lien is upon an undivided interest or estate of any of the parties and a partition is made, it is thenceforth a lien only upon the share assigned to such party; but such share shall be first charged with its just proportion of the cost of the partition in preference to such lien.

�� 105.225 Summons; to whom directed. The summons shall be directed by name to all the tenants in common who are known, to all lien creditors who are made parties to the suit and generally to all persons unknown having or claiming an interest or estate in the property.

�� 105.230 Service by publication. If a party having a share or interest in or lien upon the property is unknown or cannot be found, and such fact is made to appear by affidavit, the summons may be served on the unknown or unlocated party by publication, directed by the court or judge, as in ordinary cases. When service of the summons is made by publication it must be accompanied by a brief description of the property which is the subject of the suit. [Amended by 1979 c.284 �95]

�� 105.235 Answer. The defendant shall set forth in the answer the nature and extent of the interest of the defendant in the property. If the defendant is a lien creditor the defendant shall set forth how the lien was created, the amount of the debt secured thereby and remaining due, and whether such debt is secured in any other way, and if so, the nature of the other security.

�� 105.240 Rights determinable; ascertainment of title where defendant defaults or sale is necessary. The rights of the plaintiffs and defendants may be put in issue, tried and determined in the suit. If a defendant fails to answer, or if a sale of the property is necessary, the title shall be ascertained by proof to the satisfaction of the court before the judgment for partition or sale is given. [Amended by 2003 c.576 �361]

�� 105.245 Sale or partition ordered by court. If it is alleged in the complaint and established by evidence, or if it appears by the evidence to the satisfaction of the court without an allegation in the complaint, that the property or any part of it is so situated that partition cannot be made without great prejudice to the owners, the court may order a sale of the property, and for that purpose may appoint one or more referees. Otherwise, upon the requisite proofs being made, it shall enter a judgment requiring a partition according to the respective rights of the parties, as ascertained by the court. The court shall appoint three referees to partition the property and shall designate the portion to remain undivided for the owners whose interest remain unknown or not ascertained. [Amended by 2003 c.576 �362]

�� 105.250 Compensation when partition cannot be made without prejudice to party�s interest. When it appears that partition cannot be made without prejudice to the rights and interests of some of the parties, the court may adjudge compensation to be made by one party to another on account of the inequality of partition. Compensation shall not be required to be paid to others by owners unknown, nor by infants unless it appears that an infant has personal property sufficient for that purpose, and that the interest of the infant will be promoted thereby.

�� 105.255 How referees make partition; report. In making the partition the referees shall divide the property and allot the several portions thereof to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties as determined by the court. They shall designate the several portions by proper landmarks, and may employ a surveyor with the necessary assistants to aid them. The referees shall make a report of their proceedings, specifying therein the manner of executing their trust and describing the property divided and the shares allotted to each party with a particular description of each share.

�� 105.260 Power of court over report; final judgment. The court may confirm or set aside the report in whole or in part and if necessary appoint new referees. Upon the report being confirmed, a judgment shall be given stating that the partition shall be effectual forever. Except as provided in ORS 105.265, the judgment is binding and conclusive:

�� (1) On all parties named therein, and their legal representatives, who have at the time any interest in any part of the property divided as owners in fee or as tenants for life or for years.

�� (2) On all parties named therein, and their legal representatives, entitled to the reversion, remainder or inheritance of the property or any part thereof after the termination of a particular estate therein, or who by any contingency may be entitled to a beneficial interest in the property.

�� (3) On all parties named therein, or their legal representatives, who have an interest in any undivided share of the property as tenants for years or for life.

�� (4) On all persons interested in the property who are unknown, to whom notice was given of the application for partition by publication, as directed by ORS 105.230.

�� (5) On all persons claiming from parties or persons listed in subsections (1) to (4) of this section. [Amended by 2003 c.576 �363]

�� 105.265 Persons not affected by judgment. The judgment provided for in ORS 105.260 shall not affect tenants for years or for life of the whole of the property which is the subject of partition. Except as provided in ORS 105.260, the judgment and partition shall not preclude any person from claiming title to the property in question, or from controverting the title of the parties between whom the partition was made. [Amended by 2003 c.576 �364]

�� 105.270 Order of sale on referees� report. If the referees report to the court that the property to be partitioned, or any separate portion thereof, is so situated that a partition thereof cannot be made without great prejudice to the owners, and the court is satisfied that the report is correct, it may, by an order, direct the referees to sell the property or separate portion thereof so situated. [Amended by 2003 c.576 �365]

�� 105.275 Conclusiveness of order confirming report. If the report of the referee is confirmed the order of confirmation is binding and conclusive upon all parties to the suit.

�� 105.280 How sale made; notice of sale. All sales of real property made by the referees shall be made by public auction to the highest bidder in the manner required for the sale of real property on execution. The notice shall state the terms of sale. If the property or any part of it is to be sold subject to a prior estate, charge or lien, that fact shall be stated in the notice.

�� 105.285 Distribution of proceeds of sale. The proceeds of the sale of encumbered property shall be distributed by the judgment of the court as follows:

�� (1) To pay the property�s just proportion of the general costs of the suit.

�� (2) To pay the costs of the reference.

�� (3) To satisfy the several liens in their order of priority, by payment of the sums due and to become due, according to the judgment.

�� (4) The residue among the owners of the property sold, according to their respective shares. [Amended by 2003 c.576 �366]

�� 105.290 Distribution of proceeds by referee or payment into court. The proceeds of sale and the securities taken by the referees, or any part thereof, shall be distributed by them to the persons entitled thereto whenever the court so directs. If no such direction is given, all proceeds and securities shall be paid into court or deposited as directed by the court.

�� 105.295 Continuance of suit after proceeds paid into court. When the proceeds of sales of any shares or parcel belonging to known persons who are parties to the suit are paid into court, the suit may be continued as between such parties for the determination by the court of their respective claims thereto. Further testimony may be taken in court, or by a referee, at the discretion of the court, and the court may, if necessary, require the parties to present the facts or law in controversy by pleadings as in an original suit.

�� 105.300 When lienholder has other securities. Whenever any party to the suit, who holds a lien upon any part of the property has other securities for the payment of the amount of the lien, the court may, in its discretion, order the securities to be exhausted before a distribution of the proceeds of sale, or may order a just deduction to be made from the amount of the lien on the property.

�� 105.305 Credit allowed. The court shall, in the order of sale, direct the terms of credit which may be allowed for the purchase money of any portion of the premises which it may direct to be sold on credit; and for that portion of which the purchase money is required by ORS 105.370 to be invested for the benefit of unknown owners, infants or parties out of the state. The referees may take separate mortgages and other securities for the whole or convenient portions of the purchase money of such parts of the property as are directed by the court to be sold on credit, in the name of the clerk of the court and the clerk�s successor in office. When there is a known owner of full age, the security for the share of the owner shall be executed in the name of the owner.

�� 105.310 Setting off estate for life or years in part not sold. When only a part of the property is ordered to be sold, the whole of an estate for life or years in an undivided share of the property may be set off in any part of the property not ordered to be sold.

�� 105.315 Disposition of life estate or leasehold. When the estate of any tenant for life or years in any undivided part of the property in question was admitted by the parties or ascertained by the court to be existing at the time of the order of sale, and the person entitled to such estate was made a party to the suit, the estate may be first set off out of any part of the property and a sale made of such parcel subject to the tenants prior unsold estate; but if in the judgment of the court a due regard to the interest of all the parties requires that such estate should also be sold, the sale of the estate may be ordered.

�� 105.320 Compensation of tenants in case of sale. Any person entitled to an estate for life or years in any undivided part of the property, whose estate has been sold, shall be entitled to receive such sum in gross as is, deemed, upon principles of law applicable to annuities, a reasonable satisfaction for the estate. If the person so entitled consents to that sum, the person shall accept it by executing an instrument that is duly acknowledged or proved in the same manner as deeds for the purpose of record, and filed with the clerk.

�� 105.325 When court determines value of tenancy. If a tenant does not consent pursuant to ORS 105.320, before the report of sale, the court shall ascertain and determine what proportion of the proceeds of the sale, after deducting expenses, will be a just and reasonable sum to be invested for the tenant�s benefit, and shall order that sum to be deposited in court for that purpose.

�� 105.330 Rules for determining value of certain estates. The proportion of the proceeds of the sale to be invested, as provided in ORS 105.325, shall be ascertained and determined as follows:

�� (1) If an estate in dower or curtesy is included in the order of sale its proportion shall be one-half of the proceeds of the sale of the property, or of the sale of the undivided share in the property upon which the claim or dower existed.

�� (2) If any other estate for life or years is included in the order of sale its proportion shall be the whole proceeds of the sale of the property, or of the sale of an undivided share of the property in which the estate existed.

�� 105.335 Protection of unknown tenants. If any person entitled to an estate for life or years is unknown, the court shall provide for the protection of the rights of the person in the same manner, as far as possible, as if the person were known and had appeared.

�� 105.340 Provision for future rights or interests. In all cases of sales in partition when it appears that any person has a vested or contingent future right or estate in any of the property sold, the court shall ascertain and settle the proportional value of the contingent or vested right or estate according to the principles of law applicable to annuities and survivorship, and shall direct such proportion of the proceeds of sale to be invested, secured or paid over in such manner as to protect the rights and interests of the parties. [Amended by 1969 c.591 �282]

�� 105.345 Notice of terms of sale; separate sale of distinct parcels. In all cases of sales of property, the terms shall be known at the time. If the premises consist of distinct farms or lots they shall be sold separately, or otherwise if the court so directs.

�� 105.350 Purchase by referee, conservator or guardian forbidden. Neither of the referees, nor any person for the benefit of either of them, shall be interested in any purchase at a partition sale; nor shall the guardian or conservator of the estate of an infant party be interested in the purchase of any real property that is the subject of the suit, except for the benefit of the infant. All sales contrary to the provisions of this section are void. [Amended by 1973 c.823 �99]

�� 105.355 Report of sale. After completing the sale the referees shall report it to the court with the description of the different parcels of land sold to each purchaser, the name of the purchaser, the price paid or secured, the terms and conditions of the sale and the securities, if any, taken. The report shall be filed with the clerk.

�� 105.360 Exception to report; confirmation of sale; order of confirmation. The report of sale may be excepted to by any party entitled to a share of the proceeds in like manner and with like effect as in ordinary cases. If the sale is confirmed the order of confirmation shall direct the referees to execute conveyances and take securities pursuant to the sale, which acts they are hereby authorized to do. The order shall discharge the property of the estate or interest of every person mentioned in ORS 105.260 and of tenants for life or years of the property sold. The order shall be binding and conclusive upon all such persons as if it were a judgment for the partition of such property and except as provided in ORS 105.350, upon all persons whomsoever as to the regularity of the proceedings concerning such sale. [Amended by 2003 c.576 �367]

�� 105.365 Purchase by encumbrancer or party entitled to share. When a party entitled to a share of the property, or an encumbrancer entitled to have the lien of the encumbrancer paid out of the sale, becomes a purchaser, the referees may take a receipt for so much of the proceeds of the sale as belongs to the party or the encumbrancer.

�� 105.370 Investment of proceeds for certain parties. When there are proceeds of sale belonging to an unknown owner, or to a person without the state who has no legal representative within it, or when there are proceeds arising from the sale of an estate subject to the prior estate of a tenant for life or years, which are paid into court or otherwise deposited by order of the court, such proceeds shall be invested in securities on interest for the benefit of the persons entitled thereto.

�� 105.375 In whose name securities taken or investments made. Except as provided in ORS 105.380, security for the proceeds of sale shall be taken or investments of the proceeds shall be made in the name of the clerk of the court and the clerk�s successors in office, who shall hold the same for the use and benefit of the parties interested, subject to the order of the court.

�� 105.380 When securities are payable to parties. When security is taken by the referees on a sale, and the parties interested in the security, by an instrument in writing under their hands delivered to the referees, agree upon the shares and proportions to which they are entitled, or when shares and proportions have been previously adjudged by the court, the securities shall be taken in the names of and payable to the parties entitled thereto, and shall be delivered to such parties upon their receipt therefor. Such agreement and receipt shall be returned and filed with the clerk.

�� 105.385 Clerk�s treatment of securities and investments. The clerk in whose name a security is taken or by whom an investment is made, and the clerk�s successors in office, shall receive the interest and principal as it becomes due and apply and invest it as the court may direct. The clerk shall file in the office of the clerk all securities taken, and keep an account in a book provided and kept for that purpose in the office, free for inspection by all persons, of investments and moneys received and disposed of by the clerk.

�� 105.390 When proceeds paid to conservator or guardian of infant. When the share of an infant is sold, the proceeds of the sale may be paid by the referees making the sale to the guardian of the infant, the conservator of the estate of the infant or the special guardian appointed for the infant in the suit, upon the guardian or conservator giving the security required by law or ordered by the court. [Amended by 1973 c.823 �100]

�� 105.395 Payment of proceeds to conservator of incapacitated person. When the interest in real property of an incapacitated person has been sold, the share of the incapacitated person of the proceeds shall be given, on the behalf of the incapacitated person, to the conservator of the estate of the incapacitated person if the conservator executes, with sufficient sureties, an undertaking approved by the judge of the court, that the conservator will faithfully discharge the trust reposed in the conservator and will render a true and just account to the person entitled to the proceeds or to the legal representative of the person. [Amended by 1973 c.823 �101]

�� 105.400 When conservator or guardian may consent to partition. When an infant or an incapacitated person is interested in real estate held in common or in any other manner so as to authorize the infant or incapacitated person being made a party to an action for the partition thereof, the guardian of the infant or incapacitated person or the conservator of the estate of the infant or incapacitated person may consent to a partition without suit and agree upon the share to be set off to the infant or incapacitated person. When the court so orders, the guardian or conservator may execute a release on behalf of the infant or other incapacitated person to the owners of the other shares of the parts to which they are respectively entitled. [Amended by 1973 c.823 �102; 1987 c.158 �17]

�� 105.405 Costs and expenses of partition. (1) The expenses of the referees, including those of a surveyor and assistants of the surveyor when employed, shall be ascertained and allowed by the court, and the amount thereof, together with the fees allowed by law to the referees, shall be paid by the plaintiff, and may be allowed as part of the costs of partition.

�� (2) The reasonable costs of partition, including reasonable attorney fees and disbursements, that are for services performed for the common benefit of all parties, shall be paid by the parties that will share in the lands divided in proportion to their respective interests therein, and shall be included and specified in the judgment. They shall be a lien on the several shares, and the judgment may be enforced by execution against the parties separately. When, however, a controversy arises between some of the parties only, the court may require the expense of such controversy to be paid by any of, or all, the parties thereto. [Amended by 1971 c.502 �1; 2003 c.576 �368]

HOUSING RECEIVERSHIP

�� 105.420 Findings; policy. (1) The Legislative Assembly recognizes that there exists residential property in this state that is insanitary and unsafe and that many citizens, especially those with lower incomes, are forced to live in and occupy these properties.

�� (2) The Legislative Assembly further recognizes that there are residential properties in this state that have not been maintained in compliance with basic sanitary and habitability standards and which have become abandoned. These conditions contribute to the spread of disease and criminal activity, create urban blight and community deterioration, adversely affect the state�s economic and social viability and otherwise detrimentally impact the public�s health, safety and welfare.

�� (3) In order to correct these conditions, it is necessary to revitalize these residential properties and thus add to the overall housing stock of this state. The Legislative Assembly deems it necessary to authorize county and municipal governments to adopt and implement receivership programs to allow for the upgrading of substandard and abandoned residential properties. [1989 c.649 �2]

�� 105.425 Definitions for ORS 105.420 to 105.455. As used in ORS 105.420 to 105.455:

�� (1) �Abatement� means the removal or correction, including by demolition, of any condition at a property that violates the provisions of any duly enacted building or housing code or the making of other improvements or corrections needed to rehabilitate the property or structure, but does not include the closing or physical securing of the structure.

�� (2) �Building code� or �housing code� means any law, ordinance or governmental regulation concerning habitability or the construction, maintenance, operation, occupancy, use or appearance of any property.

�� (3) �Interested party� means any person or entity that possesses any legal or equitable interest of record in the property, including the owner, the holder of any lien or encumbrance of record on the property and any person who must or may be made a defendant in a foreclosure suit under ORS 88.030.

�� (4) �Property� means real property and all improvements thereon including edifices, structures, buildings, unit or part thereof used or intended to be used for residential purposes including single-family, duplex, multifamily structures and mixed-use structures which have one or more residential units. [1989 c.649 �3; 2019 c.191 �1]

�� 105.430 Receivership for buildings that constitute threat to public health, safety or welfare; procedure. (1) If residential property is in violation of building or housing codes such that the city or county believes it constitutes a threat to the public health, safety or welfare, the city or county, in addition to any other remedies available, may apply to the circuit court of the county in which the property is located for the appointment of a receiver to perform an abatement.

�� (2) No less than 60 days prior to the filing of a petition for appointment of a receiver, the city or county shall give written notice by regular mail to all interested parties of the following:

�� (a) The identity of the property;

�� (b) The violations of the building or housing codes giving rise to the need for the receiver;

�� (c) The name, address and telephone number of the person or department where additional information can be obtained concerning violations and their remedy; and

�� (d) That the city or county may petition the court for the appointment of a receiver pursuant to ORS 105.420 to 105.455 unless action is taken within 60 days by an interested party.

�� (3) A city or county may not file a petition for the appointment of a receiver if:

�� (a) Probate proceedings have been commenced under ORS chapter 112 and are currently pending in the county of the property for an owner of the property, unless authorized by an order of the probate court.

�� (b) An interested party has commenced and is timely prosecuting an action or other judicial or nonjudicial proceeding to foreclose a security interest on the property, or to obtain specific performance or forfeiture of the purchaser�s interest under a land sale contract.

�� (4) The petition for the appointment of a receiver pursuant to ORS 105.420 to 105.455 must be served on all interested parties in the manner provided by ORCP 7 D.

�� (5) If, following the filing of a petition for appointment of a receiver, an interested party intends to correct the conditions at the property giving rise to the petition for the appointment of a receiver or initiate a proceeding described in subsection (3) of this section, the court may stay the matter and order the party to post security in an amount the court deems appropriate to insure timely performance and other conditions the court deems appropriate to effect the timely completion of the corrections or proceeding.

�� (6) The court shall appoint a receiver under ORS 105.420 to 105.455 if the court finds that the city or county has complied with this section and that the property is a threat to public health, safety or welfare and:

�� (a) No interested party appears within 30 days after service;

�� (b) An interested party fails to comply with an order under subsection (5) of this section; or

�� (c) If the matter has not been stayed under subsection (5) of this section, upon a hearing that shall be held no later than 30 days after requested by the city or county.

�� (7) A receiver may be any one of the following:

�� (a) A housing authority organized under the terms of ORS 456.055 to 456.235;

�� (b) An urban renewal agency organized under the terms of ORS 457.035 to 457.320;

�� (c) A private not-for-profit corporation, the primary purpose of which is the improvement of housing conditions within the city or county; or

�� (d) A city or county agency, bureau or similar subdivision designated by the city or county as being responsible for the rehabilitation of property.

�� (8) A receiver appointed by the court pursuant to ORS 105.420 to 105.455 may not be required to give security or bond of any sort prior to appointment.

�� (9) In lieu of the appointment of a receiver under subsection (6) of this section, upon the motion of city or county the court shall enter a general judgment in favor of the city or county against the real property in the amount of the estimated costs of abatement if:

�� (a) The court finds the city or county has complied with the requirements of this section;

�� (b) The court finds the property is in an unsafe or insanitary condition;

�� (c)(A) No interested party appears within 30 days after service; or

�� (B) An interested party fails to comply with an order under subsection (5) of this section;

�� (d) The city or county has proven by evidence in the record that the reasonably estimated cost of abatement exceeds 25 percent of the property�s real market value, as shown on the property�s most recent tax records;

�� (e) The property is not currently occupied as a dwelling; and

�� (f) The motion for judgment has been served by the city or county on all interested parties, including interested parties in default, in the manner provided for by ORCP 9 C, no less than 30 days prior to the motion.

�� (10) A judgment given under subsection (9) of this section shall have the priority of a lien created under ORS 105.440 (2) as provided in ORS 105.445. [1989 c.649 �4; 1995 c.79 �34; 2019 c.191 �2]

�� 105.435 Authority of receiver; financing agreements; fee; abatement work exempt from public contracting law. (1) A receiver appointed by the court pursuant to ORS 105.420 to 105.455 may, unless specifically limited by the court:

�� (a) Take possession and control of the property, including the right to enter, modify and terminate tenancies pursuant to ORS 105.100 to 105.168, to charge and collect rents and to apply rents to the costs incurred due to the abatement and receivership;

�� (b) Negotiate contracts and pay all expenses associated with the operation and conservation of the property, including all utility, fuel, custodial, repair or insurance costs;

�� (c) Pay all accrued property taxes, penalties, assessments and other charges imposed on the property by a unit of government and any charge accruing during the pendency of the receivership;

�� (d) Dispose of any or all abandoned personal property found at the structure;

�� (e) Enter into contracts and pay for the performance of any work necessary to complete the abatement; and

�� (f) Under such terms and condition as a court allows, enter into financing agreements with public or private lenders and encumber the property to have moneys available to correct the conditions at the property giving rise to the abatement.

�� (2) A court may approve a charge of an administrative fee for a receiver at an hourly rate approved by the court or at a rate not to exceed 15 percent of the total cost of the abatement.

�� (3) All abatement work done under ORS 105.420 to 105.455 is exempt from the public contracting statutes set forth in ORS 279C.005, 279C.100 to 279C.125 and 279C.300 to

ORS 105.168

105.168 if the tenant has used or possessed alcohol, a marijuana item or illegal drugs within the preceding seven days.

�� (b) For purposes of this subsection, the following are sufficient proof that a tenant has used or possessed alcohol, a marijuana item or illegal drugs:

�� (A) The tenant fails a test for alcohol, cannabis or illegal drug use;

�� (B) The tenant refuses a request made in good faith by the group recovery home that the tenant take a test for alcohol, cannabis or illegal drug use; or

�� (C) Any person has personally observed the tenant using or possessing alcohol, a marijuana item or illegal drugs.

�� (3) A group recovery home that undertakes the removal of a tenant under this section shall personally deliver to the tenant a written notice that:

�� (a) Describes why the tenant is being removed;

�� (b) Describes the proof that the tenant has used or possessed alcohol, a marijuana item or illegal drugs within the seven days preceding delivery of the notice;

�� (c) Specifies the date and time by which the tenant must move out of the group recovery home;

�� (d) Explains that if the removal was wrongful or in bad faith the tenant may seek injunctive relief to recover possession under ORS 105.121 and may bring an action to recover monetary damages; and

�� (e) Gives contact information for the local legal services office and for the Oregon State Bar�s Lawyer Referral Service, identifying those services as possible sources for free or reduced-cost legal services.

�� (4) A written notice in substantially the following form meets the requirements of subsection (3) of this section:

�� This notice is to inform you that you must move out of _ (insert address of group recovery home) by _ (insert date and time that is not less than 24 hours after delivery of notice).

�� The reason for this notice is __ (specify use or possession of alcohol, marijuana or illegal drugs, as applicable, and dates of occurrence).

�� The proof of your use or possession is __ (specify facts).

�� If you did not use or possess alcohol, marijuana or illegal drugs within the seven days before delivery of this notice, if this notice was given in bad faith or if your group recovery home has not substantially complied with ORS 90.440, you may be able to get a court to order the group recovery home to let you move back in. You may also be able to recover monetary damages.

�� You may be eligible for free legal services at your local legal services office __ (insert telephone number) or reduced fee legal services through the Oregon State Bar at 1-800-452-7636.

�� (5) Within the notice period, a group recovery home shall allow a tenant removed under this section to follow any emergency departure plan that was prepared by the tenant and approved by the group recovery home at the time the tenancy began. If the removed tenant does not have an emergency departure plan, a representative of the group recovery home shall offer to take the removed tenant to a public shelter, detoxification center or similar location if existing in the community.

�� (6) The date and time for moving out specified in a notice under subsection (3) of this section must be at least 24 hours after the date and time the notice is delivered to the tenant. If the tenant remains on the group recovery home premises after the date and time for moving out specified in the notice, the tenant is a person remaining unlawfully in a dwelling as described in ORS 164.255 and not a person described in ORS 105.115. Only a peace officer may forcibly remove a tenant who remains on the group recovery home premises after the date and time specified for moving out.

�� (7) A group recovery home that removes a tenant under this section shall send a copy of the notice described in subsection (3) of this section to the Oregon Health Authority no later than 72 hours after delivering the notice to the tenant.

�� (8) A tenant who is removed under subsection (2) of this section may obtain injunctive relief to recover possession and may recover an amount equal to the greater of actual damages or three times the tenant�s monthly rent if:

�� (a) The group recovery home removed the tenant in bad faith or without substantially complying with this section; or

�� (b) If removal is under subsection (2)(b)(C) of this section, the removal was wrongful because the tenant did not use or possess alcohol, a marijuana item or illegal drugs.

�� (9) Notwithstanding ORS 12.125, a tenant who seeks to obtain injunctive relief to recover possession under ORS 105.121 must commence the action to seek relief not more than 90 days after the date specified in the notice for the tenant to move out.

�� (10) In any court action regarding the removal of a tenant under this section, a group recovery home may present evidence that the tenant used or possessed alcohol, a marijuana item or illegal drugs within seven days preceding the removal, whether or not the evidence was described in the notice required by subsection (3) of this section.

�� (11) This section does not prevent a group recovery home from terminating a tenancy as provided by any other provision of this chapter and evicting a tenant as provided in ORS

ORS 105.465

105.465, a seller shall deliver in substantially the following form the seller�s property disclosure statement to each buyer who makes a written offer to purchase real property in this state:

INSTRUCTIONS TO THE SELLER

Please complete the following form. Do not leave any spaces blank. Please refer to the line number(s) of the question(s) when you provide your explanation(s). If you are not claiming an exclusion or refusing to provide the form under ORS 105.475 (4), you should date and sign each page of this disclosure statement and each attachment.

Each seller of residential property described in ORS 105.465 must deliver this form to each buyer who makes a written offer to purchase. Under ORS 105.475 (4), refusal to provide this form gives the buyer the right to revoke their offer at any time prior to closing the transaction. Use only the section(s) of the form that apply to the transaction for which the form is used. If you are claiming an exclusion under ORS 105.470, fill out only Section 1.

An exclusion may be claimed only if the seller qualifies for the exclusion under the law. If not excluded, the seller must disclose the condition of the property or the buyer may revoke their offer to purchase anytime prior to closing the transaction. Questions regarding the legal consequences of the seller�s choice should be directed to a qualified attorney.

(DO NOT FILL OUT THIS SECTION UNLESS YOU ARE CLAIMING AN EXCLUSION UNDER ORS 105.470)

Section 1. EXCLUSION FROM ORS 105.462 TO 105.490:

You may claim an exclusion under ORS 105.470 only if you qualify under the statute. If you are not claiming an exclusion, you must fill out Section 2 of this form completely.

Initial only the exclusion you wish to claim.

_ This is the first sale of a dwelling never occupied. The dwelling is constructed or installed under building or installation permit(s) #, issued by _____.

_____ This sale is by a financial institution that acquired the property as custodian, agent or trustee, or by foreclosure or deed in lieu of foreclosure.

_____ The seller is a court appointed receiver, personal representative, trustee, conservator or guardian.

_____ This sale or transfer is by a governmental agency.

Signature(s) of Seller claiming exclusion

Date __

Buyer(s) to acknowledge Seller�s claim

Date __

(IF YOU DID NOT CLAIM AN EXCLUSION IN SECTION 1, YOU MUST FILL OUT THIS SECTION.)

Section 2. SELLER�S PROPERTY DISCLOSURE STATEMENT

(NOT A WARRANTY)

(ORS 105.464)

NOTICE TO THE BUYER: THE FOLLOWING REPRESENTATIONS ARE MADE BY THE SELLER(S) CONCERNING THE CONDITION OF THE PROPERTY LOCATED AT

___ (�THE PROPERTY�).

DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF SELLER�S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME OF DISCLOSURE. BUYER HAS FIVE DAYS FROM THE SELLER�S DELIVERY OF THIS SELLER�S DISCLOSURE STATEMENT TO REVOKE BUYER�S OFFER BY DELIVERING BUYER�S SEPARATE SIGNED WRITTEN STATEMENT OF REVOCATION TO THE SELLER DISAPPROVING THE SELLER�S DISCLOSURE STATEMENT, UNLESS BUYER WAIVES THIS RIGHT AT OR PRIOR TO ENTERING INTO A SALE AGREEMENT.

FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY, BUYER IS ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF A QUALIFIED SPECIALIST TO INSPECT THE PROPERTY ON BUYER�S BEHALF INCLUDING, FOR EXAMPLE, ONE OR MORE OF THE FOLLOWING: ARCHITECTS, ENGINEERS, PLUMBERS, ELECTRICIANS, ROOFERS, ENVIRONMENTAL INSPECTORS, BUILDING INSPECTORS, CERTIFIED HOME INSPECTORS, OR PEST AND DRY ROT INSPECTORS.

Seller _ is/ ___ is not occupying the property.

I. SELLER�S REPRESENTATIONS:

The following are representations made by the seller and are not the representations of any financial institution that may have made or may make a loan pertaining to the property, or that may have or take a security interest in the property, or any real estate licensee engaged by the seller or the buyer.

If you mark yes on items with , attach a copy or explain on an attached sheet.

�� 1.�� TITLE

�� A.� Do you have legal authority to sell the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *B. Is title to the property subject to any of the

�� following:�� [ ]Yes� [ ]No�� [ ]Unknown

�� (1) First right of refusal

�� (2) Option

�� (3) Lease or rental agreement

�� (4) Other listing

�� (5) Life estate?

�� *C. Is the property being transferred an

�� unlawfully established unit of land?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *D. Are there any encroachments, boundary

�� agreements, boundary disputes or recent

�� boundary changes?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *E. Are there any rights of way, easements,

�� licenses, access limitations or claims that

�� may affect your interest in the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *F. Are there any agreements for joint

�� maintenance of an easement or right of way?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *G. Are there any governmental studies, designations,

�� zoning overlays, surveys or notices that would

�� affect the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *H. Are there any pending or existing governmental

�� assessments against the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *I.� Are there any zoning violations or

�� nonconforming uses?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *J. Is there a boundary survey for the

�� property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *K. Are there any covenants, conditions,

�� restrictions or private assessments that

�� affect the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *L. Is the property subject to any special tax

�� assessment or tax treatment that may result

�� in levy of additional taxes if the property

�� is sold?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 2.�� WATER

�� A.� Household water

�� (1) The source of the water is (check ALL that apply):

�� [ ]Public [ ]Community [ ]Private

�� [ ]Other __

�� (2) Water source information:

�� *a. Does the water source require a water permit?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, do you have a permit?�� [ ]Yes� [ ]No

�� b.�� Is the water source located on the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *If not, are there any written agreements for

�� a shared water source?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� *c. Is there an easement (recorded or unrecorded)

�� for your access to or maintenance of the water

�� source?�� [ ]Yes� [ ]No�� [ ]Unknown

�� d.�� If the source of water is from a well or spring,

�� have you had any of the following in the past

�� 12 months? [ ]Flow test [ ]Bacteria test

�� [ ]Chemical contents test�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� *e. Are there any water source plumbing problems

�� or needed repairs?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (3) Are there any water treatment systems for

�� the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� [ ]Leased [ ]Owned

�� B.� Irrigation

�� (1) Are there any [ ] water rights or [ ] other

�� irrigation rights for the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *(2) If any exist, has the irrigation water been

�� used during the last five-year period?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� *(3) Is there a water rights certificate or other

�� written evidence available?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� C.� Outdoor sprinkler system

�� (1) Is there an outdoor sprinkler system for the

�� property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (2) Has a back flow valve been installed?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (3) Is the outdoor sprinkler system operable?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� 3.�� SEWAGE SYSTEM

�� A.� Is the property connected to a public or

�� community sewage system?�� [ ]Yes� [ ]No�� [ ]Unknown

�� B.� Are there any new public or community sewage

�� systems proposed for the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� C.� Is the property connected to an on-site septic

�� system?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (1) If yes, when was the system installed?�� __�� [ ]Unknown�� [ ]NA

�� (2) *If yes, was the system installed by permit?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (3) *Has the system been repaired or altered?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (4) *Has the condition of the system been

�� evaluated and a report issued?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (5) Has the septic tank ever been pumped?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, when?�� __�� [ ]NA

�� (6) Does the system have a pump?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (7) Does the system have a treatment unit such

�� as a sand filter or an aerobic unit?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (8) *Is a service contract for routine

�� maintenance required for the system?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (9) Are all components of the system located on

�� the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� D.� *Are there any sewage system problems or

�� needed repairs?�� [ ]Yes� [ ]No�� [ ]Unknown

�� E.�� Does your sewage system require on-site

�� pumping to another level?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 4.�� DWELLING INSULATION

�� A.� Is there insulation in the:

�� (1) Ceiling?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (2) Exterior walls?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (3) Floors?�� [ ]Yes� [ ]No�� [ ]Unknown

�� B.� Are there any defective insulated doors or

�� windows?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 5.�� DWELLING STRUCTURE

�� *A. Has the roof leaked?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, has it been repaired?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� B.� Are there any additions, conversions or

�� remodeling?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, was a building permit required?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� If yes, was a building permit obtained?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� If yes, was final inspection obtained?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� C.� Are there smoke alarms or detectors?�� [ ]Yes� [ ]No�� [ ]Unknown

�� D.� Are there carbon monoxide alarms?�� [ ]Yes� [ ]No�� [ ]Unknown

�� E.�� Is there a woodstove or fireplace

�� insert included in the sale?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *If yes, what is the make? __

�� *If yes, was it installed with a permit?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *If yes, is a certification label issued by the

�� United States Environmental Protection

�� Agency (EPA) or the Department of

�� Environmental Quality (DEQ) affixed to it?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *F. Has pest and dry rot, structural or

�� whole house� inspection been done

�� within the last three years?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *G. Are there any moisture problems, areas of water

�� penetration, mildew odors or other moisture

�� conditions (especially in the basement)?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *If yes, explain on attached sheet the frequency

�� and extent of problem and any insurance claims,

�� repairs or remediation done.

�� H.� Is there a sump pump on the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� I.�� Are there any materials used in the

�� construction of the structure that are or

�� have been the subject of a recall, class

�� action suit, settlement or litigation?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, what are the materials? __

�� (1) Are there problems with the materials?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (2) Are the materials covered by a warranty?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (3) Have the materials been inspected?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (4) Have there ever been claims filed for these

�� materials by you or by previous owners?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� If yes, when? __

�� (5) Was money received?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (6) Were any of the materials repaired or

�� replaced?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� 6.�� DWELLING SYSTEMS AND FIXTURES

�� If the following systems or fixtures are included

�� in the purchase price, are they in good working

�� order on the date this form is signed?

�� A.� Electrical system, including wiring, switches,

�� outlets and service�� [ ]Yes� [ ]No�� [ ]Unknown

�� B.� Plumbing system, including pipes, faucets,

�� fixtures and toilets�� [ ]Yes� [ ]No�� [ ]Unknown

�� C.� Water heater tank�� [ ]Yes� [ ]No�� [ ]Unknown

�� D.� Garbage disposal�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� E.�� Built-in range and oven�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� F.�� Built-in dishwasher�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� G.� Sump pump�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� H.� Heating and cooling systems�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� I.�� Security system [ ]Owned [ ]Leased�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� J.�� Are there any materials or products used in

�� the systems and fixtures that are or have

�� been the subject of a recall, class action

�� suit settlement or litigation?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, what product? ___

�� (1) Are there problems with the product?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (2) Is the product covered by a warranty?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (3) Has the product been inspected?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (4) Have claims been filed for this product

�� by you or by previous owners?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, when? ___

�� (5) Was money received?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (6) Were any of the materials or products repaired

�� or replaced?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 7.�� COMMON INTEREST

�� A.� Is there a Home Owners� Association

�� or other governing entity?�� [ ]Yes� [ ]No�� [ ]Unknown

�� Name of Association or Other Governing

�� Entity ___

�� Contact Person ______

�� Address ____

�� Phone Number ______

�� B.� Regular periodic assessments: $_____

�� per [ ]Month [ ]Year [ ]Other

�� *C. Are there any pending or proposed special

�� assessments?�� [ ]Yes� [ ]No�� [ ]Unknown

�� D.� Are there shared �common areas� or joint

�� maintenance agreements for facilities like

�� walls, fences, pools, tennis courts, walkways

�� or other areas co-owned in undivided interest

�� with others?�� [ ]Yes� [ ]No�� [ ]Unknown

�� E.�� Is the Home Owners� Association or other

�� governing entity a party to pending litigation

�� or subject to an unsatisfied judgment?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� F.�� Is the property in violation of recorded

�� covenants, conditions and restrictions or in

�� violation of other bylaws or governing rules,

�� whether recorded or not?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� 8.�� SEISMIC

�� Was the house constructed before 1974?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, has the house been bolted to its

�� foundation?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 9.�� GENERAL

�� A.� Are there problems with settling, soil,

�� standing water or drainage on the property

�� or in the immediate area?�� [ ]Yes� [ ]No�� [ ]Unknown

�� B.� Does the property contain fill?�� [ ]Yes� [ ]No�� [ ]Unknown

�� C.� Is there any material damage to the property or

�� any of the structure(s) from fire, wind, floods,

�� beach movements, earthquake, expansive soils

�� or landslides?�� [ ]Yes� [ ]No�� [ ]Unknown

�� D.� Is the property in a designated floodplain?�� [ ]Yes� [ ]No�� [ ]Unknown

�� Note: Flood insurance may be required for

�� homes in a floodplain.

�� E.�� Is the property in a designated slide or

�� other geologic hazard zone?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *F. Has any portion of the property been tested

�� or treated for asbestos, formaldehyde, radon

�� gas, lead-based paint, mold, fuel or chemical

�� storage tanks or contaminated soil or water?�� [ ]Yes� [ ]No�� [ ]Unknown

�� G.� Are there any tanks or underground storage

�� tanks (e.g., septic, chemical, fuel, etc.)

�� on the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� H.� Has the property ever been used as an illegal

�� drug manufacturing or distribution site?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *If yes, was a Certificate of Fitness issued?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 10. FULL DISCLOSURE BY SELLERS

�� *A. Are there any other material defects affecting

�� this property or its value that a prospective

�� buyer should know about?�� [ ]Yes� [ ]No

�� *If yes, describe the defect on attached sheet and

�� explain the frequency and extent of the problem

�� and any insurance claims, repairs or remediation.

�� B.� Verification:

�� The foregoing answers and attached explanations (if any) are complete and correct to

the best of my/our knowledge and I/we have received a copy of this disclosure statement.

I/we authorize my/our agents to deliver a copy of this disclosure statement to all

prospective buyers of the property or their agents.

�� Seller(s) signature:

�� SELLER ___ DATE __

II. BUYER�S ACKNOWLEDGMENT

A. As buyer(s), I/we acknowledge the duty to pay diligent attention to any material defects that are known to me/us or can be known by me/us by utilizing diligent attention and observation.

B. Each buyer acknowledges and understands that the disclosures set forth in this statement and in any amendments to this statement are made only by the seller and are not the representations of any financial institution that may have made or may make a loan pertaining to the property, or that may have or take a security interest in the property, or of any real estate licensee engaged by the seller or buyer. A financial institution or real estate licensee is not bound by and has no liability with respect to any representation, misrepresentation, omission, error or inaccuracy contained in another party�s disclosure statement required by this section or any amendment to the disclosure statement.

C. Buyer (which term includes all persons signing the �buyer�s acknowledgment� portion of this disclosure statement below) hereby acknowledges receipt of a copy of this disclosure statement (including attachments, if any) bearing seller�s signature(s).

DISCLOSURES, IF ANY, CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF SELLER�S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME OF DISCLOSURE. IF THE SELLER HAS FILLED OUT SECTION 2 OF THIS FORM, YOU, THE BUYER, HAVE FIVE DAYS FROM THE SELLER�S DELIVERY OF THIS DISCLOSURE STATEMENT TO REVOKE YOUR OFFER BY DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF REVOCATION TO THE SELLER DISAPPROVING THE SELLER�S DISCLOSURE UNLESS YOU WAIVE THIS RIGHT AT OR PRIOR TO ENTERING INTO A SALE AGREEMENT.

BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS SELLER�S PROPERTY DISCLOSURE STATEMENT.

BUYER ___ DATE __

Agent receiving disclosure statement on buyer�s behalf to sign and date:

Real Estate Licensee

Real Estate Firm

Date received by agent __

[2003 c.328 �3; 2007 c.30 �13; 2007 c.866 �8; 2009 c.387 �18; 2009 c.591 �14a; 2013 c.435 �1; 2017 c.147 �1; 2019 c.584 �1; 2023 c.9 �5; 2025 c.590 �15]

�� 105.465 Application of ORS 105.462 to 105.490, 696.301 and 696.870; disclosure statement. (1) The provisions of ORS 105.462 to 105.490, 696.301 and 696.870:

�� (a) Apply to the real property described in subparagraphs (A) to (D) of this paragraph unless the buyer indicates to the seller, which indication shall be conclusive, that the buyer will use the real property for purposes other than a residence for the buyer or the buyer�s spouse, parent or child:

�� (A) Real property consisting of or improved by one to four dwelling units;

�� (B) A condominium unit as defined in ORS 100.005 and not subject to disclosure under ORS 100.705;

�� (C) A timeshare property as defined in ORS 94.803 and not subject to disclosure under ORS

ORS 105.490

105.490, 696.301 and 696.870 is terminated.

�� (4) If the seller fails or refuses to provide a seller�s property disclosure statement as required under this section, the buyer shall have a right of revocation until the right is terminated pursuant to subsection (3) of this section.

�� (5) If the buyer revokes the offer pursuant to this section, notwithstanding ORS 696.581, the buyer is entitled to immediate return of all deposits and other considerations delivered to any party or escrow agent with respect to the buyer�s offer, and the buyer�s offer is void.

�� (6) When the deposits and other considerations have been returned to the buyer, upon the buyer�s signed, written release and indemnification of the holders of the deposits and other considerations, the holders are released from all liability for the deposits and other considerations.

�� (7) Any seller�s property disclosure statement issued by the seller is part of and incorporated into the offer and the acceptance. [1993 c.547 ��2,3; 2003 c.328 �6]

�� 105.480 Representations in disclosure statement; application. (1) The representations contained in a seller�s property disclosure statement and in any amendment to the disclosure statement are the representations of the seller only. The representations of the seller are not representations of:

�� (a) A financial institution that may have made or that may make a loan pertaining to the property covered by a seller�s property disclosure statement, or that may have or take a security interest in the property covered by a seller�s property disclosure statement.

�� (b) A real estate licensee engaged by the seller or buyer.

�� (2) Neither a financial institution nor a real estate licensee is bound by or has any liability with respect to any representation, misrepresentation, omission, error or inaccuracy contained in the seller�s property disclosure statement required by ORS 105.465 or any amendment to the disclosure statement. [1993 c.547 �4b; 1997 c.631 �400; 2001 c.300 �69; 2003 c.328 �7]

�� 105.485 Allocation of burden of proof. The burden of proof of lawful delivery of a seller�s property disclosure statement and any amendment thereto is on the seller. The burden of proof of lawful delivery of a notice of revocation of a buyer�s offer is on the buyer. [1993 c.547 �5; 2003 c.328 �8]

�� 105.490 Effect of ORS 105.462 to 105.490, 696.301 and 696.870 on rights and remedies. ORS 105.462 to 105.490, 696.301 and 696.870 do not directly, indirectly or by implication limit or alter any preexisting common law or statutory right or remedy including actions for fraud, negligence or equitable relief. [1993 c.547 �8; 2003 c.328 �9]

ACTIONS AND SUITS FOR NUISANCES

�� 105.505 Remedies available for private nuisance. Any person whose property or personal enjoyment thereof is affected by a private nuisance, may maintain an action for damages therefor. If judgment is given for the plaintiff in the action, the plaintiff may, on motion, in addition to the execution to enforce the judgment, obtain an order allowing a warrant to issue to the sheriff to abate the nuisance. The motion must be made at the term at which judgment is given, and shall be allowed of course, unless it appears on the hearing that the nuisance has ceased or that such remedy is inadequate to abate or prevent the continuance of the nuisance, in which latter case the plaintiff may proceed to have the defendant enjoined. [Amended by 1979 c.284 �96]

�� 105.510 Procedure for abating a nuisance. Not more than six months after an order to abate is entered under ORS 105.505, the plaintiff may file a request with the clerk of court for the issuance of a warrant to the sheriff that directs the sheriff to abate the nuisance. The sheriff may require that the plaintiff pay all sheriff�s fees required by ORS

ORS 106.077

106.077, deliver the original completed application, license and report of marriage to the Center for Health Statistics as required under ORS 432.173.

�� (4) Notwithstanding any other provision of law, the record of marriage maintained by a county clerk is not a vital record as defined in ORS 432.005 and is a public record open and subject to full disclosure. [Amended by 2007 c.703 �2; 2013 c.341 �2; 2013 c.366 �54; 2025 c.224 �4]

�� 106.110 Unlawful issuance of marriage license prohibited. No county clerk shall issue a license contrary to the provisions of ORS 106.041 to 106.077 or 106.100.

�� 106.120 Who may solemnize marriage; fee; personal payment; records. (1) As used in this section:

�� (a) �Judicial officer� means:

�� (A) A judicial officer of this state as that term is defined in ORS 1.210 and includes but is not limited to a judge of a municipal court and a justice of the peace.

�� (B) An active judge of a federal court.

�� (C) An active United States magistrate judge.

�� (b) �Secular organization� means an organization that occupies a place in the lives of the organization�s members parallel to that filled by a church or particular religious authority.

�� (2) Marriages may be solemnized by:

�� (a) A judicial officer;

�� (b) A county clerk or deputy of the county clerk;

�� (c) Religious congregations or organizations as indicated in ORS 106.150 (2);

�� (d) A clergyperson of any religious congregation or organization who is authorized by the religious congregation or organization to solemnize marriages;

�� (e) Secular organizations as indicated in ORS 106.150 (2); or

�� (f) A celebrant or officiant of any secular organization described in paragraph (e) of this subsection who is authorized by the secular organization to solemnize marriages.

�� (3) A person authorized to solemnize marriages under subsection (2) of this section may solemnize a marriage anywhere in this state.

�� (4)(a) When a marriage is solemnized by a tax, appellate or circuit judge of this state, the clerk of the court or the county clerk shall collect a fee of $117 and deposit the fee in the Judicial Department Operating Account established in ORS 1.009.

�� (b) When a marriage is solemnized by a county clerk or a deputy of the county clerk, the county clerk or the deputy of the county clerk shall collect a fee of $117, as provided in ORS 205.320.

�� (c) The fee described in this subsection may be collected only if:

�� (A) The marriage is solemnized during normal working hours, excluding holidays;

�� (B) The marriage is solemnized in court facilities or a county clerk�s office; or

�� (C) More than a minimal amount of staff time or other court or county clerk�s office resources are used in connection with the solemnization.

�� (d) The Chief Justice of the Supreme Court or the county clerk may establish a written procedure for waiver of the fee required under this subsection in exigent circumstances, including but not limited to indigency of the parties to the marriage.

�� (5)(a) In addition to any fee collected under subsection (4) of this section, a judicial officer of this state, a county clerk or a deputy of a county clerk may charge and accept an agreed upon personal payment not to exceed $200 plus actual costs for the solemnization of a marriage if that solemnization is performed:

�� (A) At a place other than the courthouse where the judicial officer, county clerk or deputy of the county clerk serves; or

�� (B) Outside of the normal working hours of the judicial officer, county clerk or deputy of the county clerk.

�� (b) The State Court Administrator shall index the payment amount set forth in paragraph (a) of this subsection each year on or before July 1 to reflect increases or decreases in the cost of living for the previous calendar year, based on changes in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor or a successor agency. The State Court Administrator shall publish the adjusted payment amount on the Judicial Department website. In adjusting the payment amount, the State Court Administrator shall round to the nearest $1, but shall use unrounded adjusted amounts to calculate the payment amount during the succeeding year. The new payment amount becomes effective on July 1 of the year in which the State Court Administrator makes the adjustment.

�� (6) The charging and accepting of a personal payment by a judicial officer of this state, a county clerk or a deputy of a county clerk under subsection (5) of this section does not constitute a violation of any of the provisions of ORS chapter 244.

�� (7) The amount of actual costs charged by a judicial officer of this state, a county clerk or a deputy of a county clerk under subsection (5) of this section may not exceed:

�� (a) Actual expenses for food and lodging as verified by receipts.

�� (b) If travel is made by personal vehicle, the actual number of round-trip miles from the judicial officer�s, county clerk�s or county clerk�s deputy�s home or office, whichever is greater, compensated at the rate of reimbursement then provided by the State of Oregon to its employees or, if travel is made by a commercial carrier, reimbursement shall be made of the actual costs thereof, verified by receipts.

�� (8) A judicial officer of this state, a county clerk or a deputy of a county clerk shall maintain records of the amount of personal payments received for performing marriages, of actual costs and the supporting documentation related thereto for a period of four years.

�� (9) The parties to a marriage solemnized by a tax, appellate or circuit judge of this state shall show to the judge proof of payment of the fee required under subsection (4)(a) of this section before solemnization. Except as provided in subsection (4)(d) of this section, the judge may not solemnize a marriage without proof of payment of the fee. [Amended by 1971 c.621 �22; 1975 c.607 �22; 1977 c.518 �2; 1979 c.724 �3; 1979 c.833 �24; 1981 c.176 �1; 1991 c.282 �1; 1991 c.458 �1; 1997 c.424 �1; 1999 c.776 �1; 2001 c.501 �1; 2003 c.565 �1; 2003 c.737 �111; 2011 c.595 �89; 2013 c.685 ��42,42a; 2014 c.76 �13; 2017 c.61 �1; 2017 c.663 �22; 2019 c.605 �22; 2025 c.31 �1; 2025 c.374 �2]

�� 106.130 Validity of marriage solemnized by unauthorized person. A marriage solemnized before a person, religious organization or congregation, or secular organization, that represents having the authority to solemnize marriages under ORS 106.120 is not void, nor is the validity of the marriage affected, if it is discovered after the solemnization that the person, religious organization or congregation, or secular organization, was not authorized to solemnize the marriage, if the parties to the marriage believed in good faith that the marriage was lawfully solemnized. [Amended by 1979 c.724 �4; 2001 c.501 �5; 2017 c.61 �3]

�� 106.140 Solemnizing marriage unlawfully or without authority. No person shall undertake to join others in marriage knowing that the person is not lawfully authorized so to do. No person authorized to solemnize marriage shall join persons in marriage contrary to any of the provisions of ORS 106.010 to 106.050 or 106.100 to

ORS 106.990

106.990�� Penalties

MARRIAGE

�� 106.010 Marriage as civil contract; age of parties. Marriage is a civil contract entered into in person by males at least 18 years of age and females at least 18 years of age, who are otherwise capable, and solemnized in accordance with ORS 106.150. [Amended by 1965 c.422 �1; 1975 c.583 �1; 2025 c.224 �1]

�� 106.020 Prohibited and void marriages. The following marriages are prohibited; and, if solemnized within this state, are absolutely void:

�� (1) When either party thereto had a spouse living at the time of the marriage.

�� (2) When the parties thereto are first cousins or any nearer of kin to each other, whether of the whole or half blood, whether by blood or adoption, computing by the rules of the civil law, except that when the parties are first cousins by adoption only, the marriage is not prohibited or void. [Amended by 1989 c.647 �1; 2015 c.629 �7]

�� 106.030 Voidable marriages. When either party to a marriage is incapable of making such contract or consenting thereto for want of legal age or sufficient understanding, or when the consent of either party is obtained by force or fraud, such marriage shall be void from the time it is so declared by judgment of a court having jurisdiction thereof. [Amended by 2003 c.576 �372]

�� 106.040 [Repealed by 1953 c.143 �9]

�� 106.041 Marriage license; application; record. (1) All persons wishing to enter into a marriage contract shall obtain a marriage license from the county clerk upon application, directed to any person, religious organization or congregation, or secular organization, authorized by ORS 106.120 to solemnize marriages, and authorizing the person, religious organization or congregation, or secular organization, to join together as spouses in a marriage the persons named in the license.

�� (2) The State Registrar of the Center for Health Statistics shall provide a standard form of the application, license and record of marriage to be used in this state that must include:

�� (a) Each applicant�s Social Security number recorded on a confidential portion of the application, license and record of marriage;

�� (b) Certain statistical data regarding age, place of birth, sex, occupation, residence and previous marital status of each applicant;

�� (c) The name and address of the affiant under ORS 106.050, if required; and

�� (d) Each applicant�s name after marriage as provided in ORS 106.220.

�� (3) The form of application, license and record provided by the state registrar under subsection (2) of this section may not require an address for any religious organization or congregation authorized by ORS 106.120 to solemnize marriages.

�� (4) Each applicant for a marriage license shall file with the county clerk from whom the marriage license is sought a written application for the license on forms prescribed for this purpose by the Center for Health Statistics.

�� (5) A marriage license must contain the following statement: �Neither you nor your spouse is the property of the other. The laws of the State of Oregon affirm your right to enter into marriage and at the same time to live within the marriage free from violence and abuse.�

�� (6) An applicant may not intentionally make a material false statement in the records required by this section.

�� (7) The county clerk may not issue a marriage license until the provisions of this section and ORS 106.050 are complied with. [1953 c.143 �2; 1981 c.152 �1; 1993 c.324 �1; 1995 c.555 �4; 1999 c.80 �67; 2007 c.703 �1; 2015 c.629 �8; 2017 c.61 �2; 2017 c.466 �1; 2025 c.224 �2]

�� 106.043 [1953 c.143 �2; 1971 c.282 �1; repealed by 1981 c.152 �6]

�� 106.045 Fee for marriage license; purpose. (1) In addition to any other fees provided by law, the county clerk shall collect a fee of $25 upon the application for a marriage license.

�� (2) The county clerk shall regularly pay over to the Department of Human Services all moneys collected under subsection (1) of this section to be credited to the Domestic Violence Fund pursuant to ORS 409.300. [1981 c.357 �1; 1983 c.480 �6; 1987 c.740 �1; 2009 c.595 �65a; 2011 c.720 �55]

�� Note: 106.045 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 106 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 106.050 Proof of age; when affidavit required. The county clerk may accept any reasonable proof of the age of an applicant for a marriage license satisfactory to the clerk. The clerk may require proof of age by affidavit of some person other than either of the parties seeking the license if the clerk deems it necessary in order to determine the age of an applicant to the clerk�s satisfaction. [Amended by 1965 c.467 �1; 1969 c.242 �1; 1987 c.340 �1; 2025 c.224 �3]

�� 106.060 [Amended by 1965 c.467 �2; 1969 c.242 �2; 1973 c.827 �12; 1975 c.583 �2; 1987 c.340 �2; repealed by 2025 c.224 �9]

�� 106.070 [Repealed by 1953 c.143 �9]

�� 106.071 [1953 c.143 �4(1),(2),(3),(4),(5),(6); 1959 c.377 �1; 1971 c.282 �2; 1977 c.582 �4; 1979 c.731 �3; repealed by 1981 c.152 �6]

�� 106.074 [1953 c.143 �4(7); 1971 c.282 �3; repealed by 1981 c.152 �6]

�� 106.075 [Repealed by 1953 c.143 �9]

�� 106.077 Issuance of marriage license; waiting period; exception. (1) When the county clerk has received the written application for the marriage license from both applicants, and all other legal requirements for issuance of the marriage license have been met, the county clerk shall issue a marriage license which shall become effective three days after the date on which the application was signed by the applicants. The county clerk shall indicate on the license the date on which the license becomes effective. A license shall be valid for 60 days after the effective date.

�� (2) For good and sufficient cause shown, a written order waiving the three-day waiting period provided in subsection (1) of this section may be signed by:

�� (a) A judge of probate of the county;

�� (b) A circuit court judge of the county in which the circuit court judge is not the judge of probate if the jurisdiction of the circuit court has been extended to cover this section pursuant to ORS 3.275;

�� (c) A judge of a county court of the county in which the judge of the county court is not the judge of probate if the circuit court judge does not reside therein; or

�� (d) The county clerk or official responsible for issuing the marriage license. [1953 c.143 �4(8); 1957 c.592 �1; 1963 c.429 �1; 1967 c.534 �13; 1971 c.456 �1; 1979 c.724 �2; 1981 c.152 �2; 1983 c.156 �1; 1989 c.508 �1]

�� 106.079 [1953 c.143 �4(9); 1981 c.152 �3; repealed by 2007 c.703 �11]

�� 106.080 [Amended by 1953 c.143 �9; repealed by 1971 c.282 �4]

�� 106.081 Fetal alcohol syndrome pamphlets. When the county clerk issues a marriage license, the county clerk shall also give to the licensees a pamphlet describing the medical condition known as fetal alcohol syndrome, its causes and its effects. The pamphlet shall be provided to the counties by the Oregon Health Authority under ORS 431A.575 for distribution under this section. [1987 c.340 �3; 2009 c.595 �66]

�� Note: 106.081 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 106 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 106.090 [Repealed by 1981 c.152 �6]

�� 106.100 County clerk�s records. (1) The county clerk who issues the marriage license shall maintain records relating to marriages licensed in the county. The records must include the names of the parties before and after marriage, the consent of the guardian, if any, the name of the affiant, the substance of the affidavit upon which the license was issued and the date of the license.

�� (2) Upon return of the completed application, license and record of marriage under ORS 106.170, the county clerk shall add the date of the marriage ceremony to the clerk�s records maintained under subsection (1) of this section and file the completed application, license and record of marriage. Except as provided in ORS 205.320, the county clerk may not charge a fee for filing, recording or indexing the application, license and record of marriage.

�� (3) The county clerk shall, upon completion of the requirements of this section and ORS

ORS 107.089

107.089 upon the respondent and shall provide proof of service to the court in accordance with ORCP 9.

�� (2) Regardless of whether the petitioner serves the respondent with a copy of ORS 107.089, the respondent may serve the petitioner with a copy of ORS 107.089 at any time and provide proof of service in accordance with ORCP 9. [1995 c.800 �4; 1997 c.707 �32]

�� 107.089 Documents parties must furnish to each other; effect of failure to furnish. (1) If served with a copy of this section as provided in ORS 107.088, each party in a suit for legal separation or for dissolution shall provide to the other party copies of the following documents in their possession or control:

�� (a) All federal and state income tax returns filed by either party for the last three calendar years.

�� (b) If income tax returns for the last calendar year have not been filed, all W-2 statements, year-end payroll statements, interest and dividend statements and all other records of income earned or received by either party during the last calendar year.

�� (c) All records showing any income earned or received by either party for the current calendar year.

�� (d) All financial statements, statements of net worth and credit card and loan applications prepared by or for either party during the last two calendar years.

�� (e) All documents such as deeds, real estate contracts, appraisals and most recent statements of assessed value relating to real property in which either party has any interest.

�� (f) All documents showing debts of either party, including the most recent statement of any loan, credit line or charge card balance due.

�� (g)(A) Certificates of title or registrations of all automobiles, motor vehicles, boats or other personal property registered in either party�s name or in which either party has any interest.

�� (B) For all automobiles, motor vehicles and boats described in subparagraph (A) of this paragraph, documentation evidencing the vehicle identification number or other unique identifying number.

�� (h) Documents showing stocks, bonds, secured notes, mutual funds and other investments in which either party has any interest.

�� (i) The most recent statement describing any retirement plan, IRA pension plan, profit-sharing plan, stock option plan or deferred compensation plan in which either party has any interest.

�� (j) All financial institution or brokerage account records on any account in which either party has had any interest or signing privileges in the past year, whether or not the account is currently open or closed.

�� (2)(a) Except as otherwise provided in paragraph (b) of this subsection, the party shall provide the information listed in subsection (1) of this section to the other party no later than 30 days after service of a copy of this section.

�� (b) If a support hearing is pending fewer than 30 days after service of a copy of this section on either party, the party upon whom a copy of this section is served shall provide the information listed in subsection (1)(a) to (d) of this section no later than three judicial days before the hearing.

�� (3)(a) If a party does not provide information as required by subsections (1) and (2) of this section, the other party may apply for a motion to compel as provided in ORCP 46.

�� (b) Notwithstanding ORCP 46 A(4), if the motion is granted and the court finds that there was willful noncompliance with the requirements of subsections (1) and (2) of this section, the court shall require the party whose conduct necessitated the motion or the party or attorney advising the action, or both, to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney fees.

�� (4) If a date for a support hearing has been set and the information listed in subsection (1)(a) to (d) of this section has not been provided as required by subsection (2) of this section:

�� (a) By the obligor, the judge shall postpone the hearing, if requested to do so by the obligee, and provide in any future order for support that the support obligation is retroactive to the date of the original hearing; or

�� (b) By the obligee, the judge shall postpone the hearing, if requested to do so by the obligor, and provide that any support ordered in a future hearing may be prospective only.

�� (5) The provisions of this section do not limit in any way the discovery provisions of the Oregon Rules of Civil Procedure or any other discovery provision of Oregon law. [1995 c.800 �5; 1997 c.631 �402; 1997 c.707 �33; 2013 c.171 �1]

�� 107.090 [Amended by 1953 c.602 �2; 1955 c.648 �4; 1959 c.572 �1; 1969 c.221 �1; repealed by 1971 c.280 �28]

�� 107.092 Notice that spouse may continue health insurance coverage; liability of clerk. (1) The clerk of the court shall furnish to both parties in a suit for legal separation or for dissolution, at the time the suit is filed, a notice of ORS 743B.343, 743B.344, 743B.345 and

ORS 107.452

107.452; and

�� (c) To enter an order or supplemental judgment for the purpose of implementing a settlement as allowed by ORS 19.410 (3).

�� (6) Jurisdiction of the appellate court over a cause ends when a copy of the appellate judgment is sent by the State Court Administrator to the court from which the appeal was taken pursuant to ORS 19.450, except that the appellate court may:

�� (a) Recall the appellate judgment as justice may require;

�� (b) Stay enforcement of the appellate judgment to allow the filing of a petition for writ of certiorari to the Supreme Court of the United States; and

�� (c) Stay enforcement of the appellate judgment pending disposition of the matter by the Supreme Court of the United States or for such other time as the Oregon appellate court may deem appropriate.

�� (7) If a limited or supplemental judgment is appealed, the jurisdiction of the appellate court is limited to the matters decided by the limited or supplemental judgment, and the trial court retains jurisdiction over all other matters in the proceeding.

�� (8) After jurisdiction of the appellate court ends, all orders which may be necessary to carry the appellate judgment into effect shall be made by the court from which the appeal was taken. [Formerly 19.033; 2003 c.576 �86; 2005 c.568 �25c; 2007 c.66 �1; 2013 c.10 �1; 2025 c.256 �3]

�� 19.275 Continuing jurisdiction of trial court in certain domestic relations cases. (1) Any motion that requires a showing of a change of circumstances before the court may modify a judgment, including a motion to reconsider the spousal or child support provisions of a judgment pursuant to ORS 107.135, may be filed with the trial court while an appeal from the judgment is pending before an appellate court. The filing of a motion under this subsection does not affect the right of the appellant to pursue the appeal of the judgment.

�� (2) The trial court in its discretion may proceed to hear and decide a motion under this section or may hold the motion in abeyance pending disposition of the appeal.

�� (3) Pursuant to the provisions of ORS 19.205, the court�s decision on a motion under this section is a supplemental judgment. The appellate court in its discretion may consolidate an appeal from a supplemental judgment under this section with the pending appeal of the general judgment in the case, may direct that both appeals be heard at the same time or may allow the appeals to proceed independently. [1997 c.71 �11; 2003 c.576 �87; 2005 c.568 �26]

UNDERTAKINGS ON APPEAL AND STAYS OF JUDGMENT

(Undertakings)

�� 19.300 Undertakings on appeal generally; filing and service. (1) An appellant must serve and file an undertaking for costs within 14 days after the filing of a notice of appeal. Unless the undertaking is waived, reduced or limited under ORS 19.310, an undertaking for costs must be in the amount of $500.

�� (2) A supersedeas undertaking may be served and filed by an appellant at any time while a case is pending on appeal.

�� (3) The original of an undertaking on appeal, with proof of service, must be filed with the trial court administrator. A copy of the undertaking must be served on each adverse party on appeal in the manner prescribed by ORCP 9 B. [1997 c.71 �2; 1999 c.367 �7]

�� 19.305 Qualifications of sureties; objections. (1) Undertakings on appeal are subject to the provisions of ORS 22.020 to 22.070.

�� (2) A surety for an undertaking on appeal must be qualified as provided in ORCP 82. The amount of liability assumed by a surety or letter of credit issuer must be stated in the undertaking. The liability of a surety or letter of credit issuer is limited to the amount specified in the undertaking.

�� (3) Objections to the sufficiency of an undertaking on appeal, including the objections to the amount of the undertaking and to the sufficiency of the security for the undertaking, must be filed in and determined by the trial court in the manner provided by ORCP 82. Notwithstanding ORCP 82 F, objections to the undertaking must be filed within 14 days after the date on which a copy of the undertaking is served on the party who objects to the undertaking. [1997 c.71 �3]

�� 19.310 Waiver, reduction or limitation of undertaking. (1) By written stipulation of the parties, an undertaking on appeal may be waived, reduced or limited. The stipulation must be filed with the trial court administrator within 14 days after the filing of the notice of appeal. Unless disapproved or modified by the trial court, the stipulation has the effect specified by the terms of the stipulation.

�� (2) The trial court may waive, reduce or limit an undertaking on appeal upon a showing of good cause, including indigence, and on such terms as are just and equitable. [1997 c.71 �4; 1999 c.367 �8]

�� 19.312 Supersedeas undertaking in certain actions against tobacco product manufacturer. (1) The provisions of this section apply only to civil actions against a tobacco product manufacturer as defined in ORS 323.800, or against an affiliate or successor of a tobacco product manufacturer, in which:

�� (a) The tobacco product manufacturer is subject to the requirements of ORS 323.806; and

�� (b) The state is not a plaintiff.

�� (2) In any civil action described in subsection (1) of this section, the supersedeas undertaking required of the tobacco product manufacturer, or of an affiliate or successor of the tobacco product manufacturer, as a condition of a stay of judgment throughout all appeals or discretionary appellate review, shall be established in the manner provided by the laws and court rules of this state applicable to supersedeas undertakings, but the amount of the supersedeas undertaking may not exceed $150 million.

�� (3) If at any time after the posting of the supersedeas undertaking pursuant to the provisions of this section the court determines that a tobacco product manufacturer, affiliate or successor, outside of the ordinary course of its business, is purposely dissipating or diverting assets for the purpose of avoiding payment on final judgment in the action, the court may condition continuance of the stay on an order requiring that the tobacco product manufacturer, affiliate or successor post a supersedeas undertaking in an amount up to the full amount of the judgment.

�� (4) The provisions of this section apply to any supersedeas undertaking required for a judgment entered by a court of this state and to any security required as a condition of staying enforcement of a foreign judgment under the provisions of ORS 24.135 (2). [2003 c.804 �87; 2005 c.22 �9]

(Letter of Credit in Support of Undertaking)

�� 19.315 Requirements for use of letter of credit. (1) Except as provided in subsection (4) of this section, an irrevocable letter of credit filed in support of an undertaking on appeal must contain:

�� (a) The name and address of the issuing bank, the date of issuance and the limit of the bank�s liability under the letter of credit.

�� (b) The name of the court that entered the judgment being appealed and the title and file number of the case for which the judgment was entered.

�� (c) The name and address of the party who is filing the undertaking or, if the party is represented by an attorney, the name and address of the attorney.

�� (d) The name and address of the beneficiary or, if the beneficiary is represented by an attorney, the name and address of the attorney for the beneficiary.

�� (e) A statement that the issuing bank will pay to the beneficiary, up to the limit stated in the letter of credit, the amount of any drafts submitted to the issuing bank under ORS 19.325.

�� (2) An irrevocable letter of credit filed in support of an undertaking on appeal may be issued only by an insured institution, as defined in ORS 706.008, that has an office or other facility in this state or that has a registered agent in this state.

�� (3) A letter of credit under this section may contain an expiration date. Any letter of credit containing an expiration date must comply with ORS 19.320.

�� (4) A party filing a letter of credit in support of an undertaking on appeal and the party for whose benefit an undertaking is filed may by agreement waive any of the requirements of subsection (1) of this section. [1997 c.172 �2; 1999 c.59 �10]

�� 19.320 Expiration and renewal of letter of credit. (1) If a letter of credit issued under ORS 19.315 contains an expiration date, the letter of credit must also state an automatic renewal period and contain a statement that the issuing bank will automatically renew the letter of credit on the expiration date and at the end of each automatic renewal period thereafter unless the bank has elected not to renew the letter in the manner provided by subsection (2) of this section.

�� (2) A bank that issues a letter of credit may elect not to renew a letter of credit by giving written notice to the following persons:

�� (a) To the party that files the letter of credit, at the address stated in the letter of credit, or, if the attorney for the party is named in the letter of credit, to the attorney at the address stated in the letter of credit.

�� (b) To the beneficiary, at the address stated in the letter of credit, or, if the attorney for the beneficiary is named in the letter, to the attorney at the address stated in the letter of credit.

�� (3) Notice of nonrenewal under subsection (2) of this section must be given by certified mail. The notice must be mailed at least 60 days before the expiration date reflected on the letter of credit or 60 days before the end of any subsequent automatic renewal period.

�� (4) If an issuing bank has given notice of nonrenewal under the provisions of this section, the bank must pay to the trial court administrator who is holding the letter of credit the amount stated in the letter of credit as the limit of the bank�s liability unless the beneficiary gives written notice to the bank that the letter of credit has been released. A beneficiary shall promptly notify the issuing bank in writing if the court has entered an order releasing the letter of credit.

�� (5) Any amount paid by an issuing bank to a trial court administrator under subsection (4) of this section shall be treated as a deposit of money under ORS 22.020. Any amount that is not paid out to the beneficiary pursuant to the appellate judgment shall be refunded to the bank making the deposit. [1997 c.172 �3; 1999 c.367 �9]

�� 19.325 Payment on letter of credit. (1) If an appellate judgment entitles a beneficiary to payment from the issuing bank of a letter of credit, the appellate judgment must direct the trial court administrator to release the letter of credit to the beneficiary. Upon issuance of the appellate judgment, the beneficiary may enforce the letter of credit by submitting a draft to the issuing bank in accordance with the terms of the letter of credit. The amount of the draft must include all amounts determined necessary to cover the interest that will accrue until the date that disbursement will be made to the beneficiary.

�� (2) Except as provided in this section, a draft submitted by a beneficiary under this section need not be in any particular form. The draft must be dated, must be for a specific sum of money and must contain the following language:

�� Pay to the order of the undersigned beneficiary the amount of this draft. The undersigned beneficiary hereby certifies that there is now an appellate judgment in this case pursuant to which the amount of the draft stated above is now due and owing to the beneficiary from the party on whose behalf the letter of credit was issued.

�� (3) In addition to the requirements of subsection (2) of this section, the following items must be attached to a draft submitted by a beneficiary under this section:

�� (a) The original letter of credit under which the draft is drawn.

�� (b) A copy of the appellate judgment certified by the State Court Administrator that shows the amount that the beneficiary is entitled to recover under the letter of credit.

�� (4) If the issuing bank of a letter of credit does not honor a letter of credit, on motion of the beneficiary the trial court shall enter judgment against the issuing bank unless the bank establishes that the bank is not required under the law to honor the letter of credit. [1997 c.172 �4; 1999 c.367 �10]

(Stays)

�� 19.330 Stays generally. The filing of a notice of appeal does not automatically stay the judgment that is the subject of the appeal. A party may seek to stay a judgment in the manner provided by ORS 19.335, 19.340 or 19.350, or as provided by other law. [1997 c.71 �5]

�� 19.335 Stay by filing of supersedeas undertaking. (1) If a judgment is for the recovery of money, a supersedeas undertaking acts to stay the judgment if the undertaking provides that the appellant will pay the judgment to the extent that the judgment is affirmed on appeal.

�� (2) If a judgment requires the transfer or delivery of possession of real property, a supersedeas undertaking acts to stay the judgment if the undertaking provides that the appellant will not commit waste or allow waste to be committed on the real property while the appellant possesses the property, and the appellant will pay the value of the use and occupation of the property for the period of possession if the judgment is affirmed. The value of the use and occupation during the period of possession must be stated in the undertaking.

�� (3)(a) If a judgment requires the transfer or delivery of possession of personal property, a supersedeas undertaking acts to stay the judgment if the undertaking provides that the appellant will obey the judgment of the appellate court, and that if the appellant does not obey the judgment, the appellant will pay an amount determined by the trial court and stated in the undertaking.

�� (b) If a judgment requires the transfer or delivery of possession of personal property, the judgment is stayed without the filing of a supersedeas undertaking if the appellant transfers or delivers the personal property to the court or places the property in the custody of an officer or receiver appointed by the trial court.

�� (4) If a judgment requires the foreclosure of a mortgage, lien or other encumbrance, and also requires payment of the debt secured by the mortgage, lien or other encumbrance, a supersedeas undertaking acts to stay that portion of the judgment that requires payment of the debt if the undertaking provides that the appellant will pay any portion of the judgment remaining unsatisfied after the sale of the property subject to the mortgage, lien or other encumbrance. The amount of the undertaking must be stated in the undertaking. The requirements of this subsection are in addition to any provisions in a supersedeas undertaking that may be required under subsection (2) or (3) of this section to stay delivery or transfer of property.

�� (5) If a judgment requires the execution of a conveyance or other instrument, the judgment is stayed without the filing of a supersedeas undertaking if the appellant executes the instrument and deposits the instrument with the trial court administrator. Unless otherwise directed by the appellate court, the instrument must be held by the trial court administrator until issuance of the appellate judgment terminating the appeal.

�� (6) Except as provided in ORCP 72, a stay of judgment described in this section takes effect only after the party has filed a notice of appeal and filed any supersedeas undertaking required for the stay. [1997 c.71 �6; 1999 c.367 �11; 2007 c.547 �5]

�� 19.340 Waiver of supersedeas undertaking; sale of perishables. (1) The trial court, in its discretion, may stay a judgment without requiring a supersedeas undertaking, or reduce the amount of the supersedeas undertaking required of the appellant, if the appellant is an executor, administrator, trustee or other person acting on behalf of another.

�� (2) If a judgment that has been stayed requires the sale of perishable property, or if perishable property has been seized to satisfy or secure a judgment that has been stayed, the trial court may order that perishable property be sold and the proceeds of the sale deposited or invested until issuance of the appellate judgment terminating the appeal. [1997 c.71 �7]

�� 19.345 Enforcement of judgment in contract action notwithstanding appeal. If the judgment has been given in an action or suit upon a contract, notwithstanding an appeal and supersedeas undertaking, the respondent may proceed to enforce such judgment, if within 10 days from the time the appeal is perfected the respondent files with the trial court administrator an undertaking to the effect that if the judgment is reversed or modified the respondent will make such restitution as the appellate court may direct. Such undertaking may be excepted to by the appellant in like manner and with like effect as the undertaking of an appellant, and the sureties therein shall have the same qualifications. [Formerly 19.060; 1999 c.367 �12; 2003 c.576 �281]

�� 19.350 Discretionary stay by court. (1) A party may seek a stay of judgment pending a decision on appeal in the manner provided by this section only if the judgment may not be stayed under the provisions of ORS 19.335 or 19.340, or under any other provision of law specifying a procedure or grounds for staying the judgment. A stay of judgment may not be granted under this section if any other provision of law specifies that a stay may not be granted pending a decision on appeal.

�� (2) Except as provided in subsection (5) of this section, a party seeking a stay under the provisions of this section must first request a stay from the trial court. The trial court may act on a request for a stay before or after a notice of appeal is filed. The time for filing a notice of appeal is not tolled by the making of a request for a stay under this section or by the trial court�s action on the request.

�� (3) The trial court shall consider the following factors in deciding whether to grant a stay under this section, in addition to such other factors as the trial court considers important:

�� (a) The likelihood of the appellant prevailing on appeal.

�� (b) Whether the appeal is taken in good faith and not for the purpose of delay.

�� (c) Whether there is any support in fact or in law for the appeal.

�� (d) The nature of the harm to the appellant, to other parties, to other persons and to the public that will likely result from the grant or denial of a stay.

�� (4) The trial court has discretion to impose reasonable conditions on the grant of a stay under the provisions of this section. The court may require that a supersedeas undertaking be filed in a specified amount as a condition of granting a stay under the provisions of this section.

�� (5) A party may request a stay pending appeal from the appellate court in the first instance, and the appellate court may act on that request without requiring the party to seek a stay from the trial court, if the party establishes that the filing of a request for a stay with the trial court would be futile or that the trial court is unable or unwilling to act on the request within a reasonable time. In considering a request for a stay under this subsection, the appellate court shall consider the factors set out in subsection (3) of this section in addition to any other factors the court considers important. [1997 c.71 �8]

�� 19.355 Stay of domestic relations judgment. (1) The provisions of this chapter relating to stays on appeal apply to a domestic relations judgment.

�� (2) If an appellant seeks a stay of only specific provisions of a domestic relations judgment, the motion seeking the stay must identify those provisions of the judgment that are to be stayed. If the court allows a stay of only certain provisions of the judgment, the order of the court must specifically indicate those provisions. If a supersedeas undertaking is filed with the court for the purpose of staying specific provisions of the judgment, the undertaking must indicate the specific provisions of the judgment covered by the undertaking. A stay of any specific provision of a domestic relations judgment may be granted only if:

�� (a) The specific provision is subject to stay under the provisions of this chapter; and

�� (b) All requirements of this chapter for a stay of the provision are satisfied.

�� (3) For the purposes of this section, �domestic relations judgment� means a judgment entered in proceedings under ORS chapter 107, 108 or 109. [1997 c.71 �10; 2003 c.576 �282]

(Appellate Review of Trial Court Orders Relating to Undertakings and Stays)

�� 19.360 Appellate review of trial court orders relating to undertakings and stays. (1) Any party aggrieved by the trial court�s final order relating to an undertaking on appeal, the trial court�s grant or denial of a stay or the terms and conditions imposed by the trial court on the granting of a stay may seek review of the trial court�s decision by filing a motion in the appellate court to which the appeal is made. The motion must be filed within 14 days after the entry of the trial court�s order. During the 14-day period after the entry of the trial court�s order, the judgment shall automatically be stayed unless the trial court orders otherwise. The trial court may impose terms or conditions on the stay or take such other action as may be necessary to prevent prejudice to the parties.

�� (2) The appellate court may review the decision of the trial court under the provisions of this section at any time after the filing of the notice of appeal. Notwithstanding ORS 19.415 (3), the appellate court shall review the decision de novo upon the record.

�� (3) On de novo review under subsection (2) of this section, the record shall be restricted to the record made before the trial court unless:

�� (a) There is additional relevant information relating to the period of time following the decision of the trial court that the appellate court determines to be important to review of the decision; or

�� (b) The party submitting new information establishes that there was good cause for not submitting the information to the trial court.

�� (4) On review of a trial court�s decision relating to a request for a stay pending appeal, an appellate court may remand the matter to the trial court for reconsideration, may vacate a stay granted by the trial court, may grant a stay, and may impose or modify terms and conditions on a stay. Upon receipt of a request for a stay pending appeal made to the appellate court in the first instance, the appellate court may remand the matter to the trial court for consideration in the first instance, may grant or deny a stay, and may impose terms and conditions on a stay issued by the appellate court. [1997 c.71 �9; 1999 c.294 �1; 2009 c.231 �4]

RECORD ON APPEAL

�� 19.365 Preparation and transmission of record generally. (1) The record of the case must be prepared and transmitted to the court to which the appeal is made in the manner provided in this chapter.

�� (2) The record on appeal consists of those parts of the trial court file, exhibits and record of oral proceedings in the trial court that are designated under ORS 19.250. The record of oral proceedings is the transcript prepared under ORS 19.370, an agreed narrative statement prepared under ORS 19.380 or the audio record if the appellate court has waived preparation of a transcript under ORS 19.385.

�� (3) The trial court administrator shall make the trial court record available to the State Court Administrator in the manner specified by rules of the appellate court.

�� (4) When it appears to the appellate court that the record on appeal is erroneous or that the record does not contain material that should have been part of the trial court file, and the erroneous or incomplete record substantially affects the merits of the appeal, on motion of a party or on its own motion the appellate court may make such order to correct or supplement the record as may be just.

�� (5) If the record on appeal is not sufficient to allow the appellate court to review an assignment of error, the appellate court may decline to review the assignment of error and may dismiss the appeal if there are no other assignments of error that may be reviewed.

�� (6) Except as provided by rules of the appellate court, the State Court Administrator shall return the trial court file and the exhibits to the trial court administrator upon issuance of the appellate judgment disposing of the appeal. [Formerly

ORS 107.500

107.500. The petition shall be signed by the petitioner and shall state that as of the date of the filing of the petition each and every condition set forth in ORS 107.485 has been met. The court, upon its own motion, may require a showing by appearance or affidavit of the petitioner.

�� (2) The petitioner shall serve the respondent with a summons and a true copy of the petition in the manner provided in ORCP 7 D and E. Service must be proved as required in ORCP 7 F.

�� (3) Within 30 days after the date on which the respondent is served with the summons or, if service is made by publication or posting under ORCP 7 D(6), within 30 days from the date of last publication or posting, the respondent shall file with the court a written answer to the petition or a motion, along with the required filing fee, and proof of service of the answer or motion on the petitioner.

�� (4) If the respondent fails to file a written answer or motion as required by this section or fails to appear for a hearing in the proceeding, the court may find the respondent in default, enter a judgment of summary dissolution and award costs to the petitioner or the state if fees and costs were waived or deferred. [1983 c.692 �2; 2007 c.11 �4]

�� 107.500 Forms. (1) The State Court Administrator shall prescribe the content of forms for use under ORS 107.485 and 107.490, including forms related to the waiver or deferral of fees and court costs under ORS 21.680 to 21.698, and an instructional brochure describing the procedures set forth in ORS 107.485 and 107.490.

�� (2) Each circuit court shall make available the appropriate forms and the instructional brochure described in subsection (1) of this section. [1983 c.692 �3; 1985 c.610 �13; 1993 c.448 �5; 1995 c.637 �11; 1995 c.666 �18; 1999 c.738 �6; 2003 c.264 �6; 2003 c.380 �4; 2003 c.576 �129; 2007 c.11 �5; 2007 c.493 �18c]

CONCILIATION SERVICES

�� 107.510 Definitions for ORS 107.510 to 107.610. As used in ORS 107.510 to 107.610:

�� (1) �Conciliation jurisdiction� means domestic relations conciliation jurisdiction and authority exercised under ORS 107.510 to 107.610 by a circuit court in any controversy existing between spouses which may, unless a reconciliation or a settlement of the controversy is effected, result in the dissolution or annulment of the marriage or in disruption of the household.

�� (2) �Conciliation services� means domestic relations counseling and related services obtained by a circuit court exercising conciliation jurisdiction and used by the court in exercising that jurisdiction.

�� (3) �Domestic relations suit� means suit for dissolution of the marriage contract, annulment of the marriage or separation.

�� (4) �Separation� means separation from bed and board and separate maintenance. [1963 c.434 �1; 1971 c.280 �24; 1973 c.502 �13; 1999 c.59 �21; 2001 c.104 �33]

�� 107.520 Establishment of conciliation jurisdiction. The circuit court for any county or the circuit courts of more than one county comprising a judicial district after making a determination that the social conditions of the county or district make it desirable to establish conciliation services for the full and proper consideration of domestic relations suits filed in such county or district may exercise conciliation jurisdiction and obtain, use and provide conciliation services under ORS 107.510 to 107.610. After conciliation jurisdiction has been established the circuit court or courts of such county or district may at any time determine that the need for such service does not warrant its continuance and terminate the same. [1963 c.434 �2; 1965 c.625 �1; 1971 c.280 �25; 1999 c.59 �22]

�� 107.530 Source of conciliation services; county to pay expenses. (1) A circuit court or the circuit courts of a judicial district exercising conciliation jurisdiction may obtain conciliation services, with the prior approval of the governing body of each county involved, by:

�� (a) Employing or contracting for counselors and other personnel; or

�� (b) Contracting or entering into agreements with public or private agencies to provide conciliation services to the court or courts.

�� (2) Subject to the provisions of the Local Budget Law, the compensation and expenses of personnel performing conciliation services for the circuit court or courts and other expenses of providing conciliation services may be paid by the county or as may be agreed upon between the counties involved. Personnel performing conciliation services are not state employees, and their compensation and expenses shall not be paid by the state. [1963 c.434 �3; 1965 c.625 �2; 1981 s.s. c.3 �35]

�� 107.540 Conciliation jurisdiction by court; effect. Whenever any domestic relations suit is commenced in a circuit court exercising conciliation jurisdiction and providing conciliation services, the court may, in its discretion, exercise conciliation jurisdiction over the controversy and over the parties thereto and all persons having any relation to the controversy. If, within 45 days after the court commences to exercise conciliation jurisdiction, a reconciliation or a settlement of the controversy has not been effected, the domestic relations suit shall proceed as if the court had not exercised conciliation jurisdiction. [1963 c.434 �4; 1971 c.280 �26]

�� 107.550 Petition for conciliation jurisdiction; content; rules. (1) Whenever either spouse or both spouses file in a circuit court exercising conciliation jurisdiction and providing conciliation services a petition requesting the court to exercise conciliation jurisdiction with respect to a controversy existing between the spouses, the court shall exercise conciliation jurisdiction over the controversy and over the parties thereto and all persons having any relation to the controversy.

�� (2) The petition shall:

�� (a) Allege that a controversy exists between the spouses and request the aid of the court to effect a reconciliation or a settlement of the controversy;

�� (b) State the name, address and age of each spouse and the date and place of marriage;

�� (c) State the name, address and age of each minor child of the spouses or either spouse;

�� (d) State, if known, whether a domestic relations suit involving the same marriage is pending in any other court in this or any other state; and

�� (e) State such other information as the court, by rule, may require.

�� (3) No fee shall be charged for filing the petition. [1963 c.434 �5; 1965 c.625 �3]

�� 107.560 Effect of petition; waiver. (1) A petition may be filed under ORS 107.550 whether or not a domestic relations suit in which the spouses are parties has been commenced. Except as provided in subsection (2) of this section, when a petition for conciliation jurisdiction is filed no trial or hearing on the merits of a domestic relations suit between the parties shall be had until after the expiration of 45 days from the filing of the petition; provided, however, that during this period the court may use its full equity powers to protect and preserve the rights of the spouses.

�� (2) The court may, in its discretion, waive the 45-day period as prescribed by subsection (1) of this section upon stipulation of the parties or upon written motion supported by affidavit setting forth facts which satisfy the court that such waiver is warranted. [1963 c.434 �6; 1965 c.625 �4; 1975 c.228 �1; 2011 c.114 �2]

�� 107.570 Notice; attendance at hearings. When a circuit court undertakes to exercise conciliation jurisdiction pursuant to ORS 107.540 or 107.550, it shall refer the matter to the conciliation services provided by the court. The court shall cause notice to be given to the spouses of the undertaking to exercise conciliation jurisdiction and the authority therefor, whether under ORS 107.540 or 107.550, and of the time and place of any hearing, conference or other proceeding scheduled pursuant to the exercise of conciliation jurisdiction. The court may require the attendance of the spouses and of witnesses as in other civil cases. [1963 c.434 �7]

�� 107.580 Restriction of services; priority when children involved; rules. Whenever a circuit court determines that the conciliation services provided by it are not adequate for the proper disposition of all matters that may be referred to the services under ORS 107.570, the court, by rule, may restrict the services provided, but shall give priority to controversies in which the spouses have children under 15 years of age whose welfare is involved in the outcome of the controversy. [1963 c.434 �8]

�� 107.590 Court orders; reconciliation agreements. (1) A circuit court undertaking to exercise conciliation jurisdiction pursuant to ORS 107.540 or 107.550, with the consent of the spouses, may make orders with respect to the conduct of the spouses and with respect to the subject of the controversy as it considers necessary to preserve the marriage or to implement the reconciliation of the spouses; but an order shall not be effective for more than 60 days unless the spouses consent to a continuance of the order.

�� (2) Any reconciliation agreement between the spouses may be reduced to writing, and, with the consent of the spouses, the court may make an order requiring the spouses to comply fully with the agreement.

�� (3) The court may at any time terminate or modify any order previously made. [1963 c.434 �9; 1965 c.625 �5]

�� 107.600 Privacy of proceedings; confidentiality of communications; records. (1) All hearings, conferences and other proceedings held pursuant to circuit court exercise of conciliation jurisdiction pursuant to ORS 107.540 or 107.550 shall be held in private, and all persons other than officers of the court, conciliation services personnel, the spouses, their counsel and witnesses shall be excluded.

�� (2) All communications, verbal or written, between spouses and from spouses to counselors, the court, attorneys, doctors or others engaged in the conciliation proceedings, made in conciliation conferences, hearings and other proceedings had pursuant to the exercise of the court�s conciliation jurisdiction shall be confidential. A spouse or any other individual engaged in conciliation proceedings shall not be examined in any civil or criminal action as to such communications. Exceptions to testimonial privilege otherwise applicable under ORS 40.225 to 40.295 do not apply to communications made confidential under this subsection.

�� (3) All records of the court with respect to exercise of conciliation jurisdiction shall be closed. However, any petition filed under ORS 107.550, any written reconciliation agreement between the spouses and any court order made in the matter may be opened to inspection by either spouse or counsel upon written authorization by a judge of the court. [1963 c.434 �10; 1965 c.625 �6; 1981 c.892 �88]

�� 107.610 Qualifications of conciliation counselors. Persons performing conciliation services under ORS

ORS 107.510

107.510 to 107.610 and mediation services under ORS 107.755 to 107.795. The county treasurer may charge against the conciliation and mediation accounts the actual costs associated with providing financial reports under this subsection.

�� (2) Each fiscal year, the presiding judge of each judicial district shall provide to the State Court Administrator a financial report showing the fund balance and all expenditures from the conciliation and mediation accounts for the fiscal year.

�� (3) The State Court Administrator may prescribe the format and due dates of the reports required under this section. [2025 c.218 �1]

�� Note: Section 3 (2), chapter 218, Oregon Laws 2025, provides:

�� Sec. 3. (2) The annual reports described in section 1 of this 2025 Act [107.620] are first due on or before July 31, 2026. [2025 c.218 �3(2)]

�� Note: 107.620 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 107 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

FAMILY ABUSE PREVENTION ACT

�� 107.700 Short title. ORS 107.700 to 107.735 shall be known and may be cited as the �Family Abuse Prevention Act.� [1977 c.845 �4; 1995 c.637 �1]

�� 107.705 Definitions for ORS 107.700 to 107.735. As used in ORS 107.700 to 107.735:

�� (1) �Abuse� means the occurrence of one or more of the following acts between family or household members:

�� (a) Attempting to cause or intentionally, knowingly or recklessly causing bodily injury.

�� (b) Intentionally, knowingly or recklessly placing another in fear of imminent bodily injury.

�� (c) Causing another to engage in involuntary sexual relations by force or threat of force.

�� (2) �Child� means an unmarried person who is under 18 years of age.

�� (3) �Declaration under penalty of perjury� means a declaration under penalty of perjury in the form required by ORCP 1 E.

�� (4) �Family or household members� means any of the following:

�� (a) Spouses.

�� (b) Former spouses.

�� (c) Adult persons related by blood, marriage or adoption.

�� (d) Persons who are cohabiting or who have cohabited with each other.

�� (e) Persons who have been involved in a sexually intimate relationship with each other within two years immediately preceding the filing by one of them of a petition under ORS 107.710.

�� (f) Unmarried parents of a child.

�� (5) �Interfere� means to interpose in a manner that would reasonably be expected to hinder or impede a person in the petitioner�s situation.

�� (6) �Intimidate� means to act in a manner that would reasonably be expected to threaten a person in the petitioner�s situation, thereby compelling or deterring conduct on the part of the person.

�� (7) �Menace� means to act in a manner that would reasonably be expected to threaten a person in the petitioner�s situation.

�� (8) �Molest� means to act, with hostile intent or injurious effect, in a manner that would reasonably be expected to annoy, disturb or persecute a person in the petitioner�s position. [1977 c.845 �5; 1979 c.161 �1; 1981 c.780 �1; 1985 c.629 �1; 1987 c.331 �3; 1987 c.805 �1; 1993 c.643 �1; 1995 c.637 �2; 1997 c.863 �8; 1999 c.617 �6; 1999 c.1052 �12; 2015 c.121 �12]

�� 107.707 Application of Uniform Child Custody Jurisdiction and Enforcement Act. The Uniform Child Custody Jurisdiction and Enforcement Act, ORS 109.701 to 109.834, applies to proceedings under ORS 107.700 to 107.735. [2005 c.536 �5]

�� Note: 107.707 was added to and made a part of 107.700 to 107.735 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 107.710 Petition to circuit court for relief; burden of proof. (1) Any person who has been the victim of abuse within the preceding 180 days may petition the circuit court for relief under ORS 107.700 to 107.735, if the person is in imminent danger of further abuse from the abuser. The person may seek relief by filing a petition with the circuit court alleging that the person is in imminent danger of abuse from the respondent, that the person has been the victim of abuse committed by the respondent within the 180 days preceding the filing of the petition and particularly describing the nature of the abuse and the dates thereof. The abuse must have occurred not more than 180 days before the filing of the petition. The petition must include allegations made under oath or affirmation or a declaration under penalty of perjury. The circuit court shall have jurisdiction over all proceedings under ORS 107.700 to 107.735.

�� (2) The petitioner has the burden of proving a claim under ORS 107.700 to 107.735 by a preponderance of the evidence.

�� (3) A person�s right to relief under ORS 107.700 to 107.735 shall not be affected by the fact that the person left the residence or household to avoid abuse.

�� (4) A petition filed under ORS 107.700 to 107.735 shall disclose the existence of any custody, Family Abuse Prevention Act or Elderly Persons and Persons With Disabilities Abuse Prevention Act proceedings, or any marital annulment, dissolution or separation proceedings, or any proceeding to adjudicate parentage of a child of the parties, pending between the parties, and the existence of any other custody order affecting the children of the parties.

�� (5) When the petitioner requests custody of any child, the petition shall comply with ORS

ORS 107.715

107.715); 1985 c.629 �3; 1987 c.805 �3; 1995 c.637 �4; 1995 c.794 �2; 1997 c.707 �15; 1999 c.617 �5; 1999 c.1052 �14; 2005 c.536 �1; 2007 c.11 �6; 2019 c.144 �1; 2023 c.140 �3]

�� 107.717 Appearance by telephone or two-way electronic communication device. (1) A party may file a motion under ORS 45.400 requesting that the court allow the appearance of the party or a witness by telephone or by other two-way electronic communication device in a proceeding under ORS 107.700 to 107.735.

�� (2) In determining whether notice is given sufficiently in advance of the proceeding under ORS 45.400 (2), the court shall consider the expedited nature of a proceeding under ORS 107.700 to 107.735.

�� (3) In addition to the factors listed in ORS 45.400 (3)(b) that would support a finding of good cause, the court shall consider whether the safety or welfare of the party or witness would be threatened if testimony were required to be provided in person at a proceeding under ORS 107.700 to 107.735.

�� (4) A motion or good cause determination under this section or ORS 45.400 is not required for ex parte hearings held by telephone under ORS 107.718. [2011 c.244 �2; 2017 c.240 �3; 2025 c.23 �2]

�� Note: 107.717 was added to and made a part of 107.700 to 107.735 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 107.718 Restraining order; service of order; request for hearing. (1) When a person files a petition under ORS 107.710, the circuit court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day. Upon a showing that the petitioner has been the victim of abuse committed by the respondent within 180 days preceding the filing of the petition, that there is an imminent danger of further abuse to the petitioner and that the respondent represents a credible threat to the physical safety of the petitioner or the petitioner�s child, the court shall, if requested by the petitioner, order:

�� (a) Except as provided in subsection (2) of this section, that temporary custody of the children of the parties be awarded to the petitioner or, at the request of the petitioner, to the respondent, subject to reasonable parenting time rights of the noncustodial parent, which the court shall order, unless such parenting time is not in the best interest of the child;

�� (b) That the respondent be required to move from the petitioner�s residence, if in the sole name of the petitioner or if it is jointly owned or rented by the petitioner and the respondent, or if the parties are married to each other;

�� (c) That the respondent be restrained from entering, or attempting to enter, a reasonable area surrounding the petitioner�s current or subsequent residence if the respondent is required to move from petitioner�s residence;

�� (d) That a peace officer accompany the party who is leaving or has left the parties� residence to remove essential personal effects of the party or the party�s children, or both, including but not limited to clothing, toiletries, diapers, medications, Social Security cards, certified copies of records of live birth, identification and tools of the trade;

�� (e) That the respondent be restrained from intimidating, molesting, interfering with or menacing the petitioner, or attempting to intimidate, molest, interfere with or menace the petitioner;

�� (f) That the respondent be restrained from intimidating, molesting, interfering with or menacing any children in the custody of the petitioner, or attempting to intimidate, molest, interfere with or menace any children in the custody of the petitioner;

�� (g) That the respondent be restrained from entering, or attempting to enter, on any premises and a reasonable area surrounding the premises when it appears to the court that such restraint is necessary to prevent the respondent from intimidating, molesting, interfering with or menacing the petitioner or children whose custody is awarded to the petitioner;

�� (h) Other relief that the court considers necessary to:

�� (A) Provide for the safety and welfare of the petitioner and the children in the custody of the petitioner, including but not limited to emergency monetary assistance from the respondent; and

�� (B) Prevent the neglect and protect the safety of any service or therapy animal or any animal kept for personal protection or companionship, but not an animal kept for any business, commercial, agricultural or economic purpose; or

�� (i) Except as described in subsection (12) of this section or parenting time ordered under this section, that the respondent have no contact with the petitioner in person, by telephone or by mail.

�� (2) If the court determines that exceptional circumstances exist that affect the custody of a child, the court shall order the parties to appear and provide additional evidence at a hearing to determine temporary custody and resolve other contested issues. Pending the hearing, the court may make any orders regarding the child�s residence and the parties� contact with the child that the court finds appropriate to provide for the child�s welfare and the safety of the parties. The court shall set a hearing time and date as provided in ORS 107.716 (2) and issue a notice of the hearing at the same time the court issues the restraining order.

�� (3) The court�s order under subsection (1) of this section is effective for a period of two years or until the order is withdrawn or amended, or until the order is superseded as provided in ORS 107.722, whichever is sooner.

�� (4) If respondent is restrained from entering, or attempting to enter, an area surrounding petitioner�s residence or any other premises, the order restraining respondent shall specifically describe the area.

�� (5) Imminent danger under this section includes but is not limited to situations in which the respondent has recently threatened petitioner with additional bodily harm.

�� (6) If the court awards parenting time to a parent who committed abuse, the court shall make adequate provision for the safety of the child and of the petitioner. The order of the court may include, but is not limited to, the following:

�� (a) That exchange of a child between parents shall occur at a protected location.

�� (b) That parenting time be supervised by another person or agency.

�� (c) That the perpetrator of the abuse be required to attend and complete, to the satisfaction of the court, a program of intervention for perpetrators or any other counseling program designated by the court as a condition of the parenting time.

�� (d) That the perpetrator of the abuse not possess or consume alcohol or controlled substances during the parenting time and for 24 hours preceding the parenting time.

�� (e) That the perpetrator of the abuse pay all or a portion of the cost of supervised parenting time, and any program designated by the court as a condition of parenting time.

�� (f) That no overnight parenting time occur.

�� (7) The State Court Administrator shall prescribe the content and form of the petition, order and related forms for use under ORS 107.700 to 107.735. The clerk of the court shall make available the forms and an instructional brochure explaining the rights set forth under ORS 107.700 to 107.735.

�� (8) If the court orders relief:

�� (a) The clerk of the court shall provide without charge the number of certified true copies of the petition and order necessary to provide the petitioner with one copy and to effect service and shall have a true copy of the petition and order delivered to the county sheriff for service upon the respondent, unless the court finds that further service is unnecessary because the respondent appeared in person before the court. In addition and upon request by the petitioner, the clerk shall provide the petitioner, without charge, two exemplified copies of the petition and order.

�� (b) The county sheriff shall serve the respondent personally unless the petitioner elects to have the respondent served personally by a private party or by a peace officer who is called to the scene of a domestic disturbance at which the respondent is present, and who is able to obtain a copy of the order within a reasonable amount of time. Proof of service shall be made in accordance with ORS 107.720. When the order does not contain the respondent�s date of birth and service is effected by the sheriff or other peace officer, the sheriff or officer shall verify the respondent�s date of birth with the respondent and shall record that date on the order or proof of service entered into the Law Enforcement Data System under ORS 107.720.

�� (c) No filing fee, service fee or hearing fee shall be charged for proceedings seeking only the relief provided under ORS 107.700 to 107.735.

�� (9) If the county sheriff:

�� (a) Determines that the order and petition are incomplete, the sheriff shall return the order and petition to the clerk of the court. The clerk of the court shall notify the petitioner, at the address provided by the petitioner, of the error or omission.

�� (b) After accepting the order and petition, cannot complete service within 10 days, the sheriff shall notify the petitioner, at the address provided by the petitioner, that the documents have not been served. If the petitioner does not respond within 10 days, the sheriff shall hold the order and petition for future service and file a return to the clerk of the court showing that service was not completed.

�� (10)(a) Within 30 days after a restraining order is served under this section, the respondent therein may request a court hearing upon any relief granted. The hearing request form shall be available from the clerk of the court in the form prescribed by the State Court Administrator.

�� (b) If the respondent requests a hearing under paragraph (a) of this subsection, the clerk of the court shall notify the petitioner of the date and time of the hearing, and shall supply the petitioner with a copy of the respondent�s request for a hearing. The petitioner shall give to the clerk of the court information sufficient to allow such notification.

�� (c) The hearing shall not be limited to the issues raised in the respondent�s request for hearing form. If the respondent seeks to raise an issue at the hearing not previously raised in the request for hearing form, or if the petitioner seeks relief at the hearing not granted in the original order, the other party shall be entitled to a reasonable continuance for the purpose of preparing a response to the issue.

�� (11) If the respondent fails to request a hearing within 30 days after a restraining order is served, the restraining order is confirmed by operation of law. The provisions of this section are sufficient to meet the due process requirements of 18 U.S.C. 922(g) in that the respondent received actual notice of the right to request a hearing and the opportunity to participate at the hearing but the respondent failed to exercise those rights.

�� (12) Service of process or other legal documents upon the petitioner is not a violation of this section if the petitioner is served as provided in ORCP 7 or 9. [1981 c.780 �4; 1983 c.561 �2; 1985 c.629 �4; 1987 c.805 �4; 1989 c.605 �1; 1991 c.303 �2; 1991 c.382 �2; 1991 c.724 �22; 1993 c.375 �2; 1993 c.643 �2; 1995 c.637 �5; 1995 c.794 �1a; 1997 c.607 �1; 1997 c.707 �16; 1997 c.863 �4; 1999 c.617 �2; 1999 c.1052 ��9,9a; 2005 c.536 �2; 2007 c.11 �7; 2009 c.359 �1; 2011 c.274 �1; 2013 c.366 �55; 2023 c.140 �1]

�� 107.719 Removal of personal effects; party accompanied by peace officer. (1) A peace officer who accompanies a party removing essential personal effects pursuant to an order issued under ORS 107.718 shall remain for up to 20 minutes and may temporarily interrupt the removal of property at any time. Nothing in this subsection shall affect a peace officer�s duty to arrest under ORS 133.055 and 133.310.

�� (2) The party removing essential personal effects from the residence pursuant to an order issued under ORS 107.718 is entitled to be accompanied by a peace officer on one occasion only.

�� (3) A peace officer who accompanies a party removing essential personal effects pursuant to an order issued under ORS 107.718 shall have immunity from any liability, civil or criminal, for any actions of the party committed during the removal of essential personal effects. [1989 c.605 �3]

�� 107.720 Enforcement of restraining orders; sheriff�s proceedings; security; termination order. (1)(a) Whenever a restraining order, as authorized by ORS 107.095 (1)(c) or (d),

ORS 107.718

107.718;

�� (g) Evidence of an acquisition or attempted acquisition within the previous 180 days by the respondent of a deadly weapon; and

�� (h) Any additional information the court finds to be reliable, including a statement by the respondent.

�� (5)(a) The petitioner has the burden of proof at the ex parte hearing.

�� (b) The petitioner may appear in person or by electronic video transmission.

�� (c) The court may continue a hearing under this section upon a showing of good cause.

�� (6)(a) The court shall issue an extreme risk protection order if the court finds by clear and convincing evidence, based on the petition and supporting documentation and after considering a statement by the respondent, if provided, that the respondent presents a risk in the near future, including an imminent risk, of suicide or of causing physical injury to another person. The court may not include in the findings any mental health diagnosis or any connection between the risk presented by the respondent and mental illness.

�� (b) Upon making the findings described in paragraph (a) of this subsection, the court shall issue an extreme risk protection order prohibiting the respondent from having in the respondent�s custody or control, owning, purchasing, possessing or receiving, or attempting to purchase or receive, a deadly weapon.

�� (7) An extreme risk protection order issued under this section must include:

�� (a) A statement of the evidence and the court�s findings supporting issuance of the order;

�� (b) The date and time the order was issued;

�� (c) A description of the manner in which the respondent may request a hearing described in subsection (9) of this section;

�� (d) The address of the court to which a request for a hearing must be sent;

�� (e) A description of the requirements for surrender of deadly weapons in the respondent�s possession under ORS 166.537; and

�� (f) A statement in substantially the following form:

�� To the subject of this protection order: An extreme risk protection order has been issued by the court and is now in effect. You are required to surrender all deadly weapons in your custody, control or possession. You may not have in your custody or control, purchase, possess, receive, or attempt to purchase or receive, deadly weapons while this order is in effect. You must, within 24 hours, surrender all deadly weapons in your custody, control or possession to (insert name of local law enforcement agency), a gun dealer or a third party who may lawfully possess the deadly weapons. You must, within 24 hours, surrender to (insert name of local law enforcement agency) any concealed handgun license issued to you. You may request a hearing to contest this order. If you do not request a hearing, the extreme risk protection order against you will be in effect for one year unless terminated by the court. You have the right to request one hearing to terminate this order during the 12 months that this order is in effect starting from the date of this order. You may seek the advice of an attorney as to any matter connected with this order.

�� (8)(a) The respondent shall be personally served with both a copy of the extreme risk protection order and a hearing request form described in subsection (9) of this section.

�� (b) Whenever an extreme risk protective order is served on a respondent, the person serving the order shall immediately deliver to the county sheriff a true copy of proof of service, on which it is stated that personal service of the order was made on the respondent, and a copy of the order. Proof of service may be made by affidavit or by declaration under penalty of perjury in the form required by ORCP 1 E.

�� (c) If the person serving the order cannot complete service within 10 days, the person shall notify the petitioner, at the address provided by the petitioner, that the documents have not been served. If the petitioner does not respond within 10 days, the person shall hold the order and petition for future service and file a return to the clerk of the court showing that service was not completed.

�� (d) Upon receipt of a copy of the order and notice of completion of service by a member of a law enforcement agency, the county sheriff shall immediately enter the order into the Law Enforcement Data System maintained by the Department of State Police and request that the order be entered into the databases of the National Crime Information Center of the United States Department of Justice. If the order was served on the respondent by a person other than a member of a law enforcement agency, the county sheriff shall enter the order into the Law Enforcement Data System, and shall request that the information be entered into the databases of the National Crime Information Center, upon receipt of a true copy of proof of service. The sheriff shall provide the petitioner with a true copy of the proof of service. Entry into the Law Enforcement Data System constitutes notice to all law enforcement agencies of the existence of the order. Law enforcement agencies shall establish procedures adequate to ensure that an officer at the scene of an alleged violation of the order may be informed of the existence and terms of the order. The order is fully enforceable in any county in this state.

�� (9)(a) Within 30 days after an extreme risk protection order is served on the respondent under this section, the respondent may request a court hearing using a form prescribed by the State Court Administrator.

�� (b) If the respondent requests a hearing under paragraph (a) of this subsection, the clerk of the court shall notify the petitioner and the respondent of the date and time of the hearing and shall supply the petitioner with a copy of the respondent�s request for a hearing. The petitioner and the respondent shall give to the clerk of the court information sufficient to allow such notification.

�� (c) The hearing shall occur within 21 days of the date of the respondent�s request for a hearing.

�� (10) If the respondent fails to request a hearing within 30 days after an extreme risk protection order is served, the protection order is confirmed by operation of law and is effective for a period of one year from the date the original order was issued or until the order is terminated, whichever is sooner.

�� (11) A filing fee, service fee or hearing fee may not be charged for proceedings under this section or ORS 166.530 or 166.533.

�� (12) If the court declines to issue an extreme risk protection order under this section, the court shall state with particularity the reasons for the denial on the record. [2017 c.737 �2]

�� 166.530 Hearing on order; continuation or termination of order. (1) At a hearing on an extreme risk protection order requested by the respondent under ORS 166.527 (9), the court may:

�� (a) Examine under oath the petitioner, the respondent and any witness either party may produce, including a mental health professional selected by the respondent, or, in lieu of examination, consider sworn affidavits of the petitioner, the respondent or a witness of either party; and

�� (b) Ensure that a reasonable search has been conducted for criminal history records related to the respondent.

�� (2)(a) The Oregon Evidence Code shall apply in a hearing under this section.

�� (b) The court may continue a hearing under this section upon a showing of good cause. If the court continues a hearing under this paragraph, the extreme risk protection order shall remain in effect until the next hearing date.

�� (3)(a) At the hearing, the court shall determine:

�� (A) Whether to terminate the extreme risk protection order or continue the order for a duration of one year; and

�� (B) Whether any deadly weapons surrendered to a law enforcement agency pursuant to ORS 166.537 shall be returned to the respondent or retained by the law enforcement agency.

�� (b) The petitioner has the burden of proving, by clear and convincing evidence, that the respondent presents a risk in the near future, including an imminent risk, of suicide or of causing physical injury to another person.

�� (c) If the court finds that the petitioner has met the burden of proof, the court shall:

�� (A) Order that the extreme risk protection order continue for the duration of one year from the date the original order was issued.

�� (B) Order that any deadly weapons surrendered to a law enforcement agency pursuant to ORS

ORS 107.843

107.843�� Supplemental judgments

�� Note: Definitions in 25.010 and 25.011 apply to ORS chapter 107.

DISSOLUTION, ANNULMENT AND SEPARATION

�� 107.005 Annulment of void marriage; declaration of validity; effect of declaration. (1) A marriage may be declared void from the beginning for any of the causes specified in ORS 106.020; and, whether so declared or not, shall be deemed and held to be void in any action, suit or proceeding in which the marriage may come into question.

�� (2) When either spouse claims or pretends that the marriage is void or voidable under the provisions of ORS 106.020, the marriage may at the suit of the other be declared valid or that the marriage was void from the beginning or that the marriage is void from the time of the judgment.

�� (3) A marriage once declared valid by the judgment of a court having jurisdiction thereof, in a suit for that purpose, cannot afterward be questioned for the same cause directly or otherwise. [1971 c.280 �7; 2003 c.576 �102; 2015 c.629 �11]

�� 107.010 [Repealed by 1971 c.280 �28]

�� 107.015 Grounds for annulment or dissolution of marriage. (1) Except as provided in subsection (2) of this section, a judgment for the annulment or dissolution of a marriage may be rendered:

�� (a) When either party to the marriage was incapable of making the marriage contract or consenting to the marriage for want of legal age or sufficient understanding; or

�� (b) When the consent of either party was obtained by force or fraud.

�� (2) A judgment for the annulment or dissolution of a marriage may not be rendered for a reason described in subsection (1) of this section if the marriage contract was afterward ratified. [1971 c.280 �8; 2003 c.576 �103; 2007 c.22 �2]

�� 107.020 [Repealed by 1971 c.280 �28]

�� 107.025 Irreconcilable differences as grounds for dissolution or separation. (1) A judgment for the dissolution of a marriage or a permanent or unlimited separation may be rendered when irreconcilable differences between the parties have caused the irremediable breakdown of the marriage.

�� (2) A judgment for separation may be rendered when:

�� (a) Irreconcilable differences between the parties have caused a temporary or unlimited breakdown of the marriage;

�� (b) The parties make and file with the court an agreement suspending for a period not less than one year their obligation to live together as spouses, and the court finds such agreement to be just and equitable; or

�� (c) Irreconcilable differences exist between the parties and the continuation of their status as married persons preserves or protects legal, financial, social or religious interest. [1971 c.280 �9; 1973 c.502 �1; 2003 c.576 �104; 2015 c.629 �12]

�� 107.030 [Amended by 1953 c.439 �2; 1965 c.311 �1; repealed by 1971 c.280 �28]

�� 107.035 [1969 c.264 �2; repealed by 1971 c.280 �28]

�� 107.036 Doctrines of fault and in pari delicto abolished; evidence and consideration of fault. (1) The doctrines of fault and of in pari delicto are abolished in suits for the annulment or dissolution of a marriage or for separation.

�� (2) The court shall not receive evidence of specific acts of misconduct, excepting where child custody is an issue and such evidence is relevant to that issue, or excepting at a hearing when the court finds such evidence necessary to prove irreconcilable differences.

�� (3) In dividing, awarding and distributing the real and personal property (or both) of the parties (or either of them) between the parties, or in making such property or any of it subject to a trust, and in fixing the amount and duration of the contribution one party is to make to the support of the other, the court shall not consider the fault, if any, of either of the parties in causing grounds for the annulment or dissolution of the marriage or for separation.

�� (4) Where satisfactory proof of grounds for the annulment or dissolution of a marriage or for separation has been made, the court shall render a judgment for the annulment or dissolution of the marriage or for separation. A judgment of separation shall state the duration of the separation. [1971 c.280 �10; 1973 c.502 �2; 2003 c.576 �105]

�� 107.040 [Amended by 1965 c.388 �1; repealed by 1971 c.280 �28]

�� 107.045 [1957 c.444 �1; 1965 c.603 �1; repealed by 1971 c.280 �28]

�� 107.046 Appearance by public official. The district attorney, or in appropriate cases the Division of Child Support, shall appear in any suit for the annulment or dissolution of a marriage or for separation when requested by the court. [1971 c.280 �4; 1973 c.502 �3; 1979 c.482 �1]

�� 107.050 [Amended by 1965 c.603 �2; repealed by 1971 c.280 �28]

�� 107.055 Appearance by respondent; affirmative defenses abolished. The respondent shall not be required to answer a petition for annulment or dissolution of a marriage or for separation except by filing a general appearance or a general appearance with counterclaims relating to matters other than the grounds for annulment, dissolution or separation. Affirmative defenses are abolished. [1971 c.280 �11; 1973 c.502 �4]

�� 107.060 [Amended by 1965 c.603 �3; repealed by 1971 c.280 �28]

�� 107.065 [1971 c.280 �6; 1979 c.284 �99; 1999 c.569 �1; 2003 c.576 �243; repealed by 2011 c.114 �1]

�� 107.070 [Repealed by 1971 c.280 �28]

�� 107.075 Residence requirements. (1) If the marriage was solemnized in this state and either party is a resident of or domiciled in the state at the time the suit is commenced, a suit for its annulment or dissolution may be maintained where the ground alleged is one set forth in ORS 106.020 or 107.015.

�� (2) When the marriage was not solemnized in this state or when any ground other than set forth in ORS 106.020 or 107.015 is alleged, at least one party must be a resident of or be domiciled in this state at the time the suit is commenced and continuously for a period of six months prior thereto.

�� (3) In a suit for separation, one of the parties must be a resident of or domiciled in this state at the time the suit is commenced.

�� (4) Residence or domicile under subsection (2) or (3) of this section is sufficient to give the court jurisdiction without regard to the place where the marriage was solemnized or where the cause of suit arose. [1971 c.280 �5; 1973 c.502 �5]

�� 107.080 [Repealed by 1971 c.280 �28]

�� 107.085 Petition; title; content. (1) A suit for marital annulment, dissolution or separation shall be entitled: �IN THE MATTER OF THE MARRIAGE OF (names of parties): PETITION FOR (ultimate relief sought).� The moving party shall be designated as the �Petitioner� and the other party the �Respondent.� Nothing in this section shall preclude both parties from acting as �Copetitioners.�

�� (2) The petitioner shall state the following in the petition:

�� (a) The names and dates of birth of all of the children born or adopted during the marriage, and a reference to and expected date of birth of any children conceived during the marriage but not yet born;

�� (b) The names and dates of birth of all children born to the parties prior to the marriage;

�� (c) To the extent known:

�� (A) Whether there is pending in this state or any other jurisdiction a domestic relations suit, as defined in ORS 107.510;

�� (B) Whether there is pending in this state or any other jurisdiction any type of support proceeding involving dependents of the same marriage, including one brought under this section or ORS 25.501 to 25.556, 108.110, 109.100, 125.025 or

ORS 109.158

109.158, 125.025 or 419B.400 or ORS chapter 110; and

�� (b) Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.503, involving the dependent child, other than the order the party is moving to modify.

�� (3) The moving party shall include with the motion a certificate regarding any pending support proceeding and any existing support order other than the order the party is moving to modify. The party shall use a certificate that is in a form prescribed by the administrator and include information required by the administrator and subsection (2) of this section.

�� (4)(a) The moving party shall serve the motion upon the obligor, the obligee, the party holding the support rights and the administrator, as appropriate. The nonrequesting parties must be served in the same manner as provided for service of the notice and proposed order under ORS 25.511 (1)(a). Notwithstanding ORS 25.085, the requesting party must be served by regular first class mail to the requesting party�s last-known address or, if authorized by the requesting party, by electronic mail or other electronic delivery method as described by the administrator by rule.

�� (b) The nonrequesting parties have 30 days to resolve the matter by stipulated agreement or to serve the moving party with a written response setting forth any objections to the motion and a request for hearing. Service under this paragraph to the moving party must be by regular first class mail or, if authorized by the moving party, by electronic mail or other electronic delivery method as described by the administrator by rule.

�� (c) The hearing shall be conducted under ORS 25.513.

�� (5) When the moving party is other than the administrator and no objections and request for hearing have been served within 30 days, the moving party may submit a true copy of the motion to the administrative law judge as provided in ORS 25.513, except the default may not be construed to be a contested case as defined in ORS chapter 183. Upon proof of service, the administrative law judge shall issue an order granting the relief sought.

�� (6) When the moving party is the administrator and no objections and request for hearing have been served within 30 days, the administrator may enter an order granting the relief sought.

�� (7) A motion for modification made under this section does not stay the administrator from enforcing and collecting upon the existing order unless so ordered by the court in which the order is entered.

�� (8) An administrative order filed in accordance with ORS 25.529 is a final judgment as to any installment or payment of money that has accrued up to the time the nonrequesting party is served with a motion to set aside, alter or modify the judgment. The administrator may not set aside, alter or modify any portion of the judgment that provides for any payment of money for minor children that has accrued before the motion is served. However:

�� (a) The administrator may allow a credit against child support arrearages for periods of time, excluding reasonable parenting time unless otherwise provided by order or judgment, during which the obligor, with the knowledge and consent of the obligee or pursuant to court order, has physical custody of the child; and

�� (b) The administrator may allow a credit against child support arrearages for any Social Security or veterans� benefits paid retroactively to the child, or to a representative payee administering the funds for the child�s use and benefit, as a result of a parent�s disability or retirement.

�� (9) The party requesting modification has the burden of showing a substantial change of circumstances or that a modification is appropriate under the provisions of ORS

ORS 109.266

109.266 to 109.410 and 109.425 to 109.507.

�� (5)(a) Within 30 days after being filed with the court, the petitioner shall serve copies of the petition, the documents filed as exhibits under subsection (3) of this section, the Adoption Summary and Segregated Information Statement described in ORS 109.287, including any amendments and exhibits attached to the statement, and, if applicable, a copy of the declaration of compliance described in paragraph (d) of this subsection, on the Director of Human Services by either registered or certified mail with return receipt or personal service.

�� (b) In the case of an adoption in which one of the child�s parents retains parental rights as established under ORS 109.065 or 419B.609, the petitioner shall also serve the petition by either registered or certified mail with return receipt or personal service:

�� (A) On all persons whose consent to the adoption is required under ORS 109.301 unless the person�s written consent is filed with the court; and

�� (B) On the parents of the party whose parental rights would be terminated, if the names and addresses are known or may be readily ascertained by the petitioner.

�� (c) When a parent of the child is deceased or incapacitated, the petitioner shall also serve the petition on the parents of the deceased or incapacitated parent, if the names and addresses are known or may be readily ascertained by the petitioner. As used in this paragraph:

�� (A) �Incapacitated� means a condition in which a person�s ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the person lacks the capacity to meet the essential requirements for the person�s physical health or safety.

�� (B) �Meet the essential requirements for the person�s physical health or safety� means those actions necessary to provide health care, food, shelter, clothing, personal hygiene and other care without which serious physical injury or illness is likely to occur.

�� (d) If the petitioner has reason to know that the child is an Indian child, within 30 days after filing the petition, the petitioner shall:

�� (A) Serve copies of the petition by registered or certified mail, return receipt requested, together with the notice of proceeding in the form required under ORS 419B.639 (3), to:

�� (i) Each tribe of which the child may be a member or in which the Indian child may be eligible for membership;

�� (ii) The child�s parents;

�� (iii) The child�s Indian custodian, if applicable; and

�� (iv) The appropriate United States Bureau of Indian Affairs Regional Director listed in 25 C.F.R. 23.11(b), if the identity or location of the child�s parents, Indian custodian or tribe cannot be ascertained.

�� (B) File a declaration of compliance with the court, including a copy of each notice sent, together with any return receipts or other proof of service.

�� (e) Except when the child is an Indian child, service required by this subsection may be waived by the court for good cause. [Formerly 109.315]

�� 109.287 Adoption Summary and Segregated Information Statement; exhibits; confidentiality. (1) An Adoption Summary and Segregated Information Statement must be filed concurrently with every petition for adoption of a minor child filed under ORS

ORS 109.316

109.316]

�� 109.326 Consent when spouse not parent. (1) If a parent who gave birth to a child was married at the time of the conception or birth of the child, and the spouse of the parent who gave birth to the child is adjudicated not to be the parent of the child, the spouse�s authorization or waiver is not required in adoption, juvenile court or other proceedings concerning the custody of the child.

�� (2)(a) If parentage of the child has not been adjudicated, an adjudication of nonparentage under this section may be made by any court having adoption, divorce or juvenile court jurisdiction.

�� (b) Except as provided in subsection (11) of this section, the testimony or affidavit of the parent who gave birth to the child, the spouse of the parent who gave birth to the child or another person with knowledge of the facts filed in the proceeding constitutes competent evidence before the court making the determination.

�� (c) The provisions of this section relating to Indian children do not apply if the determination of nonparentage is being made by a court having divorce jurisdiction or jurisdiction to decide custody between unmarried parents.

�� (3) Before the court may make the determination of nonparentage, the petitioner shall:

�� (a) Conduct the inquiry described in ORS 419B.636 (2) to determine whether the petitioner has reason to know that the child is an Indian child; and

�� (b) Serve on the spouse a summons and a true copy of a motion and order to show cause why a judgment of nonparentage should not be entered if:

�� (A) The spouse is an adjudicated parent of the child;

�� (B) The child resided with the spouse at any time since the child�s birth;

�� (C) The spouse repeatedly has contributed or tried to contribute to the support of the child; or

�� (D) The petitioner has reason to know that the child is an Indian child.

�� (4) When the petitioner is required to serve the spouse with a summons and a motion and order to show cause under subsection (3) of this section:

�� (a) Service must be made in the manner provided in ORCP 7 D and E, except as provided in subsection (7) of this section. Service of the summons and the motion and order to show cause must be proved as required in ORCP 7 F. The summons and the motion and order to show cause need not contain the names of the adoptive parents.

�� (b) If the petitioner has reason to know that the child is an Indian child, the petitioner shall serve copies of the motion, together with the notice of proceeding required under ORS 419B.639 (3), on:

�� (A) Each tribe of which the child may be a member or in which the Indian child may be eligible for membership;

�� (B) The child�s parents;

�� (C) The child�s Indian custodian, if applicable; and

�� (D) The appropriate United States Bureau of Indian Affairs Regional Director listed in 25 C.F.R. 23.11(b), if the identity or location of the child�s parents, Indian custodian or tribe cannot be ascertained.

�� (c) The petitioner shall file a declaration of compliance under penalty of perjury made in the manner described by ORCP 1 E, that includes:

�� (A) A statement and documentation, as described by the Department of Human Services by rule, of the efforts described in ORS 419B.636 (2) that the petitioner made to determine whether the petitioner has reason to know that the child is an Indian child; and

�� (B) If the petitioner has reason to know that the child is an Indian child:

�� (i) A statement describing the efforts the petitioner made, as required under ORS 109.302 (2)(c), to prevent the break up of the family or to reunite the family; and

�� (ii) A copy of each notice of proceeding the petitioner served as required under paragraph (b) of this subsection, together with any return receipts or other proof of service.

�� (5) The inquiry required under subsection (3)(a) of this section and notice required under subsection (4)(a) of this section may be combined with the inquiry and notice required under ORS 109.285 or 109.385 if the motion and order to show cause is filed concurrently with the petition for adoption or readoption under ORS

ORS 109.322

109.322, 109.323 and 109.324, when a parent does not consent to the adoption of the child, the petitioner shall:

�� (A) Conduct the inquiry described in ORS 419B.636 (2) to determine whether the petitioner has reason to know that the child is an Indian child; and

�� (B) Serve the parent with a summons and a true copy of a motion and order to show cause why the proposed adoption should not be ordered without the parent�s consent.

�� (b) Except as provided in subsection (3) of this section, service of the summons and the motion and order to show cause must be made in the manner provided in ORCP 7 D and E. Service must be proved as required in ORCP 7 F. The summons and the motion and order to show cause need not contain the names of the adoptive parents.

�� (c) If the petitioner has reason to know that the child is an Indian child, in addition to the service required under paragraph (b) of this subsection, the petitioner shall serve by registered or certified mail, return receipt requested, copies of the motion and order to show cause, together with the notice of proceeding in the form required under ORS 419B.639 (3)(c), on:

�� (A) Each tribe of which the child may be a member or in which the Indian child may be eligible for membership;

�� (B) The child�s parents;

�� (C) The child�s Indian custodian, if applicable; and

�� (d) The petitioner shall file a declaration of compliance under penalty of perjury, made in the manner described by ORCP 1 E, that includes:

�� (A) A statement and documentation, as described by the Department of Human Services by rule, of the efforts described in ORS 419B.636 (2) that the petitioner made to determine whether there is reason to know that the child is an Indian child; and

�� (B) If the petitioner has reason to know that the child is an Indian child:

�� (i) A statement describing the efforts the petitioner made, as required under ORS 109.302 (2)(c), to prevent the break up of the family or to reunite the family; and

�� (ii) A copy of each notice of proceeding the petitioner served as required under paragraph (c) of this subsection, together with any return receipts or other proof of service.

�� (2) A summons under this section must contain:

�� (a) A statement that an adoption petition has been filed and that, if the parent fails to file a written answer to the motion and order to show cause within the time provided, the court, without further notice and in the parent�s absence, may take any action that is authorized by law, including but not limited to entering a judgment of adoption of the child if the court determines, on the date the answer is required or on a future date, that:

�� (A) Consent of the parent is not required;

�� (B) The adoption is in the best interests of the child; and

�� (C) If the child is an Indian child, the nonconsenting parent�s continued custody of the Indian child is likely to result in serious emotional or physical damage to the child.

�� (b) A statement that:

�� (A) The parent must file with the court a written answer to the motion and order to show cause within 30 days after the date on which the parent is served with the summons or, if service is made by publication or posting under ORCP 7 D(6), within 30 days from the date of last publication or posting.

�� (B) In the answer, the parent must inform the court and the petitioner of the parent�s telephone number or contact telephone number and the parent�s current residence, mailing or contact address in the same state as the parent�s home. The answer may be in substantially the following form:

IN THE CIRCUIT COURT OF

THE STATE OF OREGON

FOR THE COUNTY OF ___

___,�� )

Petitioner,�� )�� NO._____

�� )

�� )�� ANSWER

�� and �� )

�� )

___,�� )

Respondent.�� )

�� [ ] I consent to the proposed adoption.

�� [ ] I do not consent to the proposed adoption. The court should not order the proposed adoption without my consent for the following reasons:

Signature

DATE:______

ADDRESS OR CONTACT ADDRESS:

TELEPHONE OR CONTACT TELEPHONE:

�� (c) A notice that, if the parent answers the motion and order to show cause, the court:

�� (A) Will schedule a hearing to address the motion and order to show cause and, if appropriate, the adoption petition;

�� (B) Will order the parent to appear personally; and

�� (C) May schedule other hearings related to the petition and may order the parent to appear personally.

�� (d) A notice that the parent has the right to be represented by an attorney. The notice must be in substantially the following form:

�� You have a right to be represented by an attorney. If you wish to be represented by an attorney, please retain one as soon as possible to represent you in this proceeding. If you meet the state�s financial guidelines, you are entitled to have an attorney appointed for you at state expense. To request appointment of an attorney to represent you at state expense, you must contact the circuit court immediately. Phone ______ for further information.

�� (e) A statement that the parent has the responsibility to maintain contact with the parent�s attorney and to keep the attorney advised of the parent�s whereabouts.

�� (3) A parent who is served with a summons and a motion and order to show cause under this section shall file with the court a written answer to the motion and order to show cause within 30 days after the date on which the parent is served with the summons or, if service is made by publication or posting under ORCP 7 D(6), within 30 days from the date of last publication or posting. In the answer, the parent shall inform the court and the petitioner of the parent�s telephone number or contact telephone number and current address, as defined in ORS

ORS 110.669

110.669, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this state as provided in ORS 110.605 to 110.641.

�� (2) Notwithstanding ORS 110.572 and 110.607 (1), a request for registration of a Convention support order must be accompanied by:

�� (a) A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law;

�� (b) A record stating that the support order is enforceable in the issuing country;

�� (c) If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;

�� (d) A record showing the amount of arrears, if any, and the date the amount was calculated;

�� (e) A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and

�� (f) If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.

�� (3) A request for registration of a Convention support order may seek recognition and partial enforcement of the order.

�� (4) A tribunal of this state may vacate the registration of a Convention support order without the filing of a contest under ORS 110.657 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.

�� (5) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a Convention support order. [2015 c.298 �67]

�� 110.657 Contest of registered Convention support order. (1) Except as otherwise provided in ORS 110.645 to 110.669, ORS 110.614 to 110.623 apply to a contest of a registered Convention support order.

�� (2) A party contesting a registered Convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration.

�� (3) If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection (2) of this section, the order is enforceable.

�� (4) A contest of a registered Convention support order may be based only on grounds set forth in ORS 110.660. The contesting party bears the burden of proof.

�� (5) In a contest of a registered Convention support order, a tribunal of this state:

�� (a) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and

�� (b) May not review the merits of the order.

�� (6) A tribunal of this state deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.

�� (7) A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances. [2015 c.298 �68]

�� 110.660 Recognition and enforcement of registered Convention support order. (1) Except as otherwise provided in subsection (2) of this section, a tribunal of this state shall recognize and enforce a registered Convention support order.

�� (2) The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered Convention support order:

�� (a) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;

�� (b) The issuing tribunal lacked personal jurisdiction consistent with ORS 110.518;

�� (c) The order is not enforceable in the issuing country;

�� (d) The order was obtained by fraud in connection with a matter of procedure;

�� (e) A record transmitted in accordance with ORS 110.655 lacks authenticity or integrity;

�� (f) A proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed;

�� (g) The order is incompatible with a more recent support order involving the same parties and having the same purpose, if the more recent support order is entitled to recognition and enforcement under this chapter in this state;

�� (h) Payment, to the extent alleged arrears have been paid in whole or in part;

�� (i) In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:

�� (A) If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or

�� (B) If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or

�� (j) The order was made in violation of ORS 110.667.

�� (3) If a tribunal of this state does not recognize a Convention support order under subsection (2)(b), (d) or (i) of this section:

�� (a) The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new Convention support order; and

�� (b) The Department of Justice shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under ORS 110.650. [2015 c.298 �69]

�� 110.662 Partial recognition and enforcement of Convention support order. If a tribunal of this state does not recognize and enforce a Convention support order in its entirety, the tribunal shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order. [2015 c.298 �70]

�� 110.665 Recognition and enforcement of registered foreign support agreement. (1) Except as otherwise provided in subsections (3) and (4) of this section, a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.

�� (2) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:

�� (a) A complete text of the foreign support agreement; and

�� (b) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.

�� (3) A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.

�� (4) In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:

�� (a) Recognition and enforcement of the agreement is manifestly incompatible with public policy;

�� (b) The agreement was obtained by fraud or falsification;

�� (c) The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state or a foreign country if the support order is entitled to recognition and enforcement under this chapter in this state; or

�� (d) The record submitted under subsection (2) of this section lacks authenticity or integrity.

�� (5) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country. [2015 c.298 �71]

�� 110.667 Modification of Convention support order; requirements. (1) A tribunal of this state may not modify a Convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:

�� (a) The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or

�� (b) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.

�� (2) If a tribunal of this state does not modify a Convention child support order because the order is not recognized in this state, ORS 110.660 (3) applies. [2015 c.298 �72]

�� 110.668 Personal information; use. Personal information gathered or transmitted under ORS 110.645 to 110.669 may be used only for the purposes for which it was gathered or transmitted. [2015 c.298 �73]

�� 110.669 Language of filed record. A record filed with a tribunal of this state under ORS 110.645 to 110.669 must be in the original language and, if not in English, must be accompanied by an English translation. [2015 c.298 �74]

INTERSTATE RENDITION

�� 110.670 Grounds for rendition. (1) For purposes of this section and ORS 110.673, �governor� includes an individual performing the functions of governor or the executive authority of a state covered by this chapter.

�� (2) The Governor of this state may:

�� (a) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or

�� (b) On the demand of the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.

�� (3) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom. [2015 c.298 �75]

�� 110.673 Conditions of rendition. (1) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the Governor of this state may require a prosecutor of this state to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail.

�� (2) If, under this chapter or a law substantially similar to this chapter, the governor of another state makes a demand that the Governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor of this state may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor of this state may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.

�� (3) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor of this state may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor of this state may decline to honor the demand if the individual is complying with the support order. [2015 c.298 �76]

MISCELLANEOUS PROVISIONS

�� 110.675 Uniformity of application and construction. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the Uniform Interstate Family Support Act. [2015 c.298 �77; 2017 c.17 �4]

�� 110.677 Severability clause. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. [2015 c.298 �79]

ORS 111.075

111.075 or a court administrator, upon request, shall furnish to the State Treasurer the titles of estates of decedents that have remained open for more than three years and in which no heirs, or only persons whose right to inherit the proceeds thereof is being contested, have appeared to claim the estate. [1969 c.591 �191; 1991 c.230 �24; 1991 c.790 �9a; 2003 c.395 �17; 2017 c.169 �58; 2019 c.678 �45]

�� 116.253 Recovery of escheated property. (1) Within 10 years after the death of a decedent whose estate escheated in whole or in part to the state, or within eight years after the entry of a judgment or order escheating property of an estate to the state, a claim may be made for the property escheated, or the proceeds thereof, by or on behalf of a person not having actual knowledge of the escheat or by or on behalf of a person who at the time of the escheat was unable to prove entitlement to the escheated property.

�� (2) The claim shall be made by a petition filed with the State Treasurer. The petition must include:

�� (a) A declaration by the petitioner under penalty of perjury in the form required by ORCP 1 E or an unsworn declaration under ORS 194.800 to 194.835 if the declarant is physically outside the boundaries of the United States;

�� (b) The age and place of residence of the claimant by whom or on whose behalf the petition is filed;

�� (c) A brief description of the property or source of funds believed to have been escheated to the state;

�� (d) That the claimant lawfully is entitled to the property or proceeds;

�� (e) That at the time the property escheated to the state the claimant had no knowledge or notice thereof or was unable to prove entitlement to the escheated property and has subsequently acquired new evidence of that entitlement;

�� (f) That the claimant claims the property or proceeds as an heir or devisee or as the personal representative of the estate of an heir or devisee, setting forth any relationship between the claimant and the decedent who at the time of death owned the escheated property;

�� (g) That 10 years have not elapsed since the death of the decedent or that eight years have not elapsed since the entry of the judgment or order escheating the property to the state; and

�� (h) If the petition is not filed by the claimant, the status of the petitioner.

�� (3) If the State Treasurer determines that the claimant is entitled to escheated estate property, the State Treasurer shall:

�� (a) Pay from the Unclaimed Property and Estates Fund the proportional share of the proceeds or value of the property without interest and subject to the proportional share of the costs of administering the estate, including attorney fees and personal representative fees paid by the estate; or

�� (b) If personal or real property is in the Unclaimed Property and Estates Fund, transfer the property without interest and subject to a claim of the Unclaimed Property and Estates Fund of a proportional share of the costs of administering the estate, including attorney fees and personal representative fees paid by the estate, and any property taxes or other costs of managing or improving the property, whether incurred before or after the close of the estate.

�� (4) If the person whose property escheated or reverted to the state was at any time a patient of a state institution in Oregon for persons with mental illness or of the Eastern Oregon Training Center, the reasonable unpaid cost of the care and maintenance of the person while a ward of the institution, regardless of when the cost was incurred, may be deducted from, or, if necessary, be offset in full against, the amount of the escheated property. The reasonable unpaid cost of care and maintenance shall be determined in accordance with ORS 179.701.

�� (5) For the purposes of this section, the death of the decedent is presumed to have occurred on the date shown in the decedent�s certified copy of the death record or in any other similar document issued by the jurisdiction in which the death occurred or issued by an agency of the federal government.

�� (6) A person aggrieved by a determination of the State Treasurer under this section may seek a contested case hearing under ORS 183.413 to 183.470. [Formerly 120.130; 2003 c.395 �18; 2003 c.576 �380a; 2007 c.70 �23; 2007 c.284 �3; 2009 c.595 �83; 2013 c.36 �34; 2013 c.218 �15; 2013 c.366 �61; 2019 c.678 �46; 2021 c.424 �16]

�� 116.263 Payment of debt and delivery of property to foreign personal representative without local administration. (1) Three months or more after the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession of personal property or an instrument evidencing a debt, obligation, stock or right to sue belonging to the estate of the nonresident decedent may make payment of the indebtedness, in whole or in part, or deliver the personal property or the instrument evidencing the debt, obligation, stock or right to sue to the foreign personal representative of the nonresident decedent, upon an affidavit made by or on behalf of the foreign personal representative, accompanied by proof of the foreign personal representative�s authority, stating:

�� (a) The date of the death of the nonresident decedent;

�� (b) That no local administration or application therefor is pending in this state; and

�� (c) That the foreign personal representative is entitled to payment or delivery.

�� (2) Payment or delivery made in good faith on the basis of the affidavit is a discharge of the debtor or person having possession of the personal property.

�� (3) Payment or delivery may not be made under this section if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property belonging to the nonresident decedent that the debt should not be paid nor the property delivered to the foreign personal representative. [1969 c.591 �193; 1987 c.646 �3; 2017 c.169 �39]

APPORTIONMENT OF ESTATE TAXES

�� 116.303 Definitions for ORS 116.303 to 116.383. As used in ORS 116.303 to 116.383:

�� (1) �Estate� means the gross estate of a decedent as determined for the purpose of federal estate tax and the estate tax payable to this state under ORS 118.005 to

ORS 111.215

111.215. Upon the hearing the court may order the distributee to return all or part of the property distributed, or to pay the value of the property as of the time of distribution, and may specify the time within which the return or payment must be made. If the property is not returned or the payment is not made within the time ordered, the person failing to return the property or pay its value may be adjudged in contempt of court and judgment may be entered against the person and the sureties of the person, if any. [1969 c.591 �172; 2017 c.169 �57]

ACCOUNTING AND DISTRIBUTION

�� 116.063 Liability of personal representative. A personal representative may be liable for and is chargeable in the accounts of the personal representative with:

�� (1) All of the estate of the decedent that comes into the possession of the personal representative at any time, including the income therefrom.

�� (2) All property not a part of the estate if:

�� (a) The personal representative has commingled the property with the assets of the estate; or

�� (b) The property was received under a duty imposed on the personal representative by law in the capacity of personal representative.

�� (3) Any loss to the estate arising from:

�� (a) Neglect or unreasonable delay in collecting the assets of the estate.

�� (b) Neglect in paying over money or delivering property of the estate.

�� (c) Failure to pay taxes as required by law or to close the estate within a reasonable time.

�� (d) Embezzlement or commingling of the assets of the estate with other property.

�� (e) Unauthorized self-dealing.

�� (f) Wrongful acts or omissions of copersonal representatives that the personal representative could have prevented by the exercise of ordinary care.

�� (g) Any other negligent or willful act or nonfeasance in the administration of the estate by which loss to the estate arises. [1969 c.591 �173]

�� 116.073 Nonliability of personal representative. A personal representative is not liable for or chargeable in the accounts of the personal representative with:

�� (1) Debts due the decedent or other assets of the estate that remain uncollected without the fault of the personal representative.

�� (2) Loss by the decrease in value or destruction of property of the estate if the loss is caused without the fault of the personal representative. [1969 c.591 �174]

�� 116.083 Accounting by personal representative; statement in lieu of account; rules. (1) A personal representative shall make and file in the estate proceeding an account of the personal representative�s administration:

�� (a) Unless the court orders otherwise, annually within 60 days after the anniversary date of the personal representative�s appointment.

�� (b) Within 30 days after the date of the personal representative�s resignation.

�� (c) Within 30 days after the date of the personal representative�s removal or the revocation of the personal representative�s letters.

�� (d) When the estate is ready for final settlement and distribution.

�� (e) At such other times as the court may order.

�� (2) Each account must include the following information:

�� (a) The period of time covered by the account.

�� (b) The total value of the property with which the personal representative is chargeable according to the inventory, or, if there was a prior account, the amount of the balance of the prior account.

�� (c) All money and property received during the period covered by the account.

�� (d) All disbursements made during the period covered by the account. Evidence of disbursements must accompany the account, unless otherwise provided by order or rule of the court, or unless the personal representative is a trust company that has complied with ORS 709.030, but that personal representative shall:

�� (A) Maintain the evidence of disbursement for a period of not less than one year following the date on which the order approving the final account is entered;

�� (B) Permit interested persons to inspect the evidence of disbursement and receive copies of the evidence at their own expense at the place of business of the personal representative during the personal representative�s normal business hours at any time prior to the end of the one-year period following the date on which the order approving the final account is entered; and

�� (C) Include in each annual account and in the final account a statement that the evidence of disbursement is not filed with the account but is maintained by the personal representative and may be inspected and copied as provided in subparagraph (B) of this paragraph.

�� (e) The money and property of the estate on hand.

�� (f) Any other information that the personal representative considers necessary to show the condition of the affairs of the estate or as the court may require.

�� (g) A declaration under penalty of perjury in the form required by ORCP 1 E, or an unsworn declaration under ORS 194.800 to 194.835, if the declarant is physically outside the boundaries of the United States.

�� (3)(a) Unless otherwise provided by order of the court, the personal representative may file a statement under this subsection in lieu of the account required under subsection (1)(a) or (b) of this section if the distributees consent in writing.

�� (b) A statement under this subsection must include:

�� (A) The period of time covered by the statement;

�� (B) A description and statement of the value of the money and property on hand at the beginning and ending of the period of time covered by the statement;

�� (C) A copy of the most recent statement received before the accounting for each financial account owned by the estate;

�� (D) A list of the unpaid claims that are allowed or disputed, including the name of the creditor, a description of the claim, the amount of the claim, the priority of the claim under ORS 115.125 and the reason the claim has not been paid;

�� (E) A statement describing why the estate is not ready for final settlement and distribution; and

�� (F) A declaration under penalty of perjury in the form required by ORCP 1 E, or an unsworn declaration under ORS 194.800 to 194.835, if the declarant is physically outside the boundaries of the United States.

�� (c) Upon filing a statement under this subsection, the personal representative shall mail a copy of the statement to each creditor of the estate whose claim has not been paid in full and is allowed or disputed. Within 30 days after the date of the mailing of the statement, a creditor entitled to receive the statement under this paragraph may, by written notice to the personal representative, require the personal representative to make and file an account of the personal representative�s administration under subsection (1) of this section within 30 days of the date of the creditor�s notice.

�� (4) When the estate is ready for final settlement and distribution, the account must also include:

�� (a) A statement that any required estate tax return has been filed.

�� (b) A statement that all Oregon income taxes, estate taxes and personal property taxes that are due, if any, have been paid, or if not paid, that payment of those taxes has been secured by bond, deposit or otherwise, and that all tax returns currently due have been filed.

�� (c) Any request to retain a reserve for the determination and payment of any additional taxes, interest and penalties, and of all related reasonable expenses.

�� (d) A statement describing the determination of the compensation of the personal representative under the will or under ORS 113.038 or 116.173 (3) and (4).

�� (e) A petition for a judgment authorizing the personal representative to distribute the estate to the persons and in the portions specified in the judgment.

�� (f) If a portion of the estate will escheat to the State of Oregon, a statement documenting the steps the personal representative has taken and will take to be in compliance with ORS 116.205.

�� (5)(a) The personal representative may file a statement under this subsection in lieu of the final account otherwise required by subsection (4) of this section if:

�� (A) The distributees, other than distributees whose only distribution is a cash or specific bequest that will be paid or satisfied in full, consent in writing; and

�� (B) All creditors of the estate, other than creditors owed administrative expenses that require court approval, have been paid in full.

�� (b) A statement under this subsection must include:

�� (A) The period of time covered by the statement.

�� (B) A statement that all creditors of the estate, other than creditors owed administrative expenses that require court approval, have been paid in full.

�� (C) The statement and petition and any request for a reserve under subsection (4) of this section.

�� (D) A declaration under penalty of perjury in the form required by ORCP 1 E, or an unsworn declaration under ORS 194.800 to 194.835, if the declarant is physically outside the boundaries of the United States.

�� (6) Notice of time for filing objections to the statement described in subsection (5) of this section is not required.

�� (7) The Chief Justice of the Supreme Court may by rule specify the form and contents of accounts that must be filed by a personal representative. [1969 c.591 �175; 1973 c.506 �37; 1985 c.304 �1; 1995 c.453 �2; 1997 c.631 �405; 1999 c.592 �2; 2003 c.576 �375; 2005 c.22 �95; 2005 c.123 �1; 2007 c.284 �2; 2011 c.526 �19; 2013 c.218 �14; 2017 c.169 �33; 2019 c.414 �10; 2025 c.463 �4]

�� 116.093 Notice for filing objections to final account and petition for distribution; rules. (1) Upon filing the final account and petition for a judgment of distribution, the personal representative shall set a time for filing objections to the account and petition. Not less than 20 days before the time set, the personal representative shall mail a copy of the final account and petition for judgment and notice of the time set for objections to:

�� (a) Each distributee at the last-known address of the distributee.

�� (b) Each creditor who has not received payment in full and whose claim has not otherwise been barred.

�� (2) If a charitable trust as described in ORS 130.170, a public benefit corporation as defined in ORS 65.001 or a religious organization is a residuary beneficiary of the estate, or if a charitable trust, a public benefit corporation or a religious organization will receive less under the judgment than the amount of a specific devise to the trust, corporation or organization, the personal representative shall mail the notice under subsection (1) of this section to the Attorney General.

�� (3) The notice need not be mailed to the personal representative.

�� (4) Proof of the mailing to those persons entitled to notice shall be filed in the estate proceeding at or before approval of the final account.

�� (5) If the Department of Human Services has presented a claim under ORS chapter 411 or ORS

ORS 112.049

112.049 within four months of the delivery or mailing of the information.

�� (2) If the personal representative is a devisee, heir or other interested person named in the petition the personal representative is not required to deliver or mail the information under this section to the personal representative.

�� (3) The failure of the personal representative to give information under this section is a breach of duty to the persons concerned, but does not affect the validity of the personal representative�s appointment, duties or powers or the exercise of duties or powers.

�� (4) Within 30 days after the date of appointment a personal representative shall cause to be filed in the estate proceeding proof of the delivery or mailing required by this section or a waiver of notice as provided under ORS 111.225. The proof must include a copy of the information delivered or mailed and the names of the persons to whom it was delivered or mailed.

�� (5) If before the filing of the final account the personal representative has actual knowledge that the petition did not include the name and address of any person described in ORS 113.035 (4), (5), (7), (8) or (9), the personal representative shall:

�� (a) Make reasonable efforts under the circumstances to ascertain each of those names and addresses;

�� (b) Promptly deliver or mail information specified in subsection (1) of this section to each of those persons located after the filing of the petition and before the filing of the final account; and

�� (c) File in the estate proceeding, on or before filing the final account under ORS 116.083, proof of compliance with this subsection or a waiver of notice as provided under ORS 111.225.

�� (6) Within 30 days after the appointment of a personal representative, the personal representative must mail or deliver the information specified in subsection (1) of this section and a copy of the death record of the decedent to the Department of Human Services and the Oregon Health Authority or as otherwise provided by rule adopted by the department and the authority. [1969 c.591 �94; 1973 c.506 �25; 1991 c.704 �3; 2001 c.620 �1; 2003 c.14 �44; 2003 c.395 �26; 2005 c.741 �5; 2007 c.284 �10; 2009 c.595 �78; 2011 c.720 �58; 2013 c.366 �59; 2017 c.169 �50]

�� 113.150 [Repealed by 1969 c.591 �305]

�� 113.155 Publication of notice to interested persons. (1) Except as provided in subsection (5) of this section, upon appointment a personal representative shall cause a notice to interested persons to be published once in:

�� (a) A newspaper published in the county in which the estate proceeding is pending; or

�� (b) If no newspaper is published in the county in which the estate proceeding is pending, a newspaper designated by the court.

�� (2) The notice shall include:

�� (a) The title of the court in which the estate proceeding is pending;

�� (b) The name of the decedent;

�� (c) The name of the personal representative and the address at which claims are to be presented;

�� (d) A statement requiring all persons having claims against the estate to present them, within four months after the date of publication of the notice to the personal representative at the address designated in the notice for the presentation of claims or they may be barred;

�� (e) The date of publication of the notice; and

�� (f) A statement advising all persons whose rights may be affected by the proceeding that additional information may be obtained from the records of the court, the personal representative or the attorney for the personal representative.

�� (3) The failure of the personal representative to cause a notice to be published under this section is a breach of duty to the persons concerned, but does not affect the validity of appointment, duties or powers or the exercise of duties or powers.

�� (4) A personal representative shall file in the estate proceeding proof of the publication of notice required by this section. The proof shall include a copy of the published notice.

�� (5)(a) This section does not apply if the petition for appointment of the personal representative states that no assets of the estate are known to the petitioner and no assets of the estate have come into the possession or knowledge of the personal representative.

�� (b) If the petition for appointment of the personal representative states that no assets of the estate are known to the petitioner and assets of the estate later come into the possession or knowledge of the personal representative, the personal representative shall, within 30 days after the filing of the inventory or supplemental inventory first showing assets of the estate, commence publication of notice to interested persons as provided in this section. [1969 c.591 �95; 1973 c.506 �26; 2007 c.284 �11; 2019 c.414 �3; 2023 c.18 �1]

�� 113.160 [Repealed by 1969 c.591 �305]

�� 113.165 Filing inventory and evaluation. Within 90 days after the date of appointment, unless a longer time is granted by the court, a personal representative shall file in the estate proceeding an inventory of all property of the estate that has come into the possession or knowledge of the personal representative. The inventory shall show the estimates by the personal representative of the respective fair market values as of the date of the death of the decedent of the properties described in the inventory. If no property of the estate has come into the possession or knowledge of the personal representative, the personal representative shall file an inventory stating that no property of the estate has come into the possession or knowledge of the personal representative. [1969 c.591 �96; 1987 c.586 �27; 1991 c.191 �2; 2017 c.169 �17; 2019 c.414 �4]

�� 113.175 Property discovered after inventory filed. (1) Whenever any property of the estate not included in the inventory comes into the possession or knowledge of the personal representative, the personal representative shall either file in the estate proceeding a supplemental inventory within 30 days after the date of receiving possession or knowledge, or include the property in the next accounting.

�� (2) If the inventory states that no assets of the estate are known to the petitioner and assets of the estate later come into the possession or knowledge of the personal representative, the personal representative shall file in the estate proceeding a supplemental inventory within 30 days after receiving possession or knowledge of the assets. [1969 c.591 �97; 2019 c.414 �5]

�� 113.185 Appraisal. (1) The personal representative may employ a qualified and disinterested appraiser to assist the personal representative in the appraisal of any property of the estate the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of property.

�� (2) The court in its discretion may direct that all or any part of the property of the estate be appraised by one or more appraisers appointed by the court.

�� (3) An appraisal under this section must be in writing and must be signed by the appraiser making it.

�� (4) Each appraiser is entitled to be paid a reasonable fee from the estate for services and to be reimbursed from the estate for necessary expenses. [1969 c.591 �98; 2017 c.169 �18]

�� 113.195 Removal of personal representative. (1) When a personal representative ceases to be qualified as provided in ORS

ORS 113.095

113.095, or becomes incapable of discharging duties, the court shall remove the personal representative.

�� (2) When a personal representative has been unfaithful to or neglectful of the trust, the court may remove the personal representative.

�� (3) When a personal representative has failed to comply with ORS 113.092, the court may remove the personal representative.

�� (4) For other good cause shown, the court may remove the personal representative.

�� (5) When grounds for removal of a personal representative appear to exist, the court, on its own motion or on the petition of any interested person, shall order the personal representative to appear and show cause why the personal representative should not be removed. A copy of the order to show cause and of the petition, if any, shall be served upon the personal representative and upon the surety of the personal representative as provided in ORS 111.215. [1969 c.591 �99; 1975 c.781 �9; 2017 c.169 �19]

�� 113.205 Powers of surviving personal representative. (1) Every power exercisable by copersonal representatives may be exercised by the survivors or survivor of them when the appointment of one is terminated, unless the will provides otherwise.

�� (2) Where one of two or more persons named as copersonal representatives is not appointed, those appointed may exercise all the powers incident to the office, unless the will provides otherwise. [1969 c.591 �100; 2017 c.169 �20]

�� 113.210 [Repealed by 1969 c.591 �305]

�� 113.215 Appointment of successor personal representative. (1) When a personal representative dies, is removed by the court, or resigns and the resignation is accepted by the court, the court may appoint, and, if the personal representative was the sole or the last surviving personal representative and administration is not completed, the court shall appoint another personal representative in place of the personal representative.

�� (2) If, after a will has been proven and letters testamentary or letters of administration have been issued, the will is set aside, declared void or inoperative, the letters testamentary or letters of administration shall be revoked and letters of administration issued.

�� (3) If, after administration has been granted, a will of the decedent is found and proven, the letters of administration shall be revoked and letters testamentary or letters of administration shall be issued.

�� (4) When a successor personal representative is appointed, the successor has all the rights and powers of the predecessor or of the personal representative named in the will, except that the successor may not exercise powers given in the will that by its terms are personal to the personal representative named in the will. [1969 c.591 �101; 2017 c.169 �21]

�� 113.220 [Repealed by 1969 c.591 �305]

�� 113.225 Notice to interested persons by successor personal representative. (1) If the personal representative dies, is removed by the court or resigns after the notice to interested persons required by ORS 113.155 has been published but before the expiration of four months from the date of publication, the successor personal representative shall cause notice to interested persons to be published as if the successor were the original personal representative. The republished notice shall state:

�� (a) That the original personal representative died, was removed by the court or resigned.

�� (b) The date of death, removal or resignation and the date of appointment of the new personal representative.

�� (c) That all persons having claims against the estate shall present the claims to the new personal representative as provided in ORS 115.005 within four months after the date of publication of the republished notice, or the claims may be barred.

�� (2) Notice by the successor personal representative is not required under subsection (1) of this section if the original personal representative dies, is removed by the court, or resigns after the expiration of four months from the date of publication of the notice to interested persons. [1969 c.591 �102; 1977 c.187 �1; 2017 c.169 �22; 2023 c.18 �6]

�� 113.230 [Repealed by 1969 c.591 �305]

�� 113.235 Appointment of estate administrators by State Treasurer. The State Treasurer shall appoint one or more estate administrators to administer any estate in which the State Treasurer is appointed personal representative. An estate administrator appointed under this section is an employee of the State Treasurer. [2003 c.395 �7; 2019 c.678 �36]

�� 113.238 Requirements and prohibitions related to certain decedents who die intestate and without heirs. (1) A person who has knowledge that a decedent died wholly intestate, that the decedent owned property subject to probate in Oregon and that the decedent died without a known heir shall give notice of the death within 48 hours after acquiring that knowledge to the State Treasurer.

�� (2) Except as provided by ORS 708A.430 and 723.466, a person may not dispose of or diminish any assets of the estate of a decedent who has died wholly intestate, who owned property subject to probate in Oregon and who died without a known heir unless the person has prior written approval of the State Treasurer. The prohibition of this subsection:

�� (a) Applies to a guardian or conservator for the decedent; and

�� (b) Does not apply to a personal representative appointed under ORS 113.085 (4) or to an affiant authorized under ORS 114.520 to file a simple estate affidavit under ORS 114.515.

�� (3) For purposes of this section, a known heir is an heir who has been identified and found. [2003 c.395 �8; 2009 c.541 �3; 2017 c.169 �23; 2019 c.165 �23; 2019 c.678 �37; 2023 c.17 �8]

�� 113.240 [Repealed by 1969 c.591 �305]

�� 113.242 Authority of estate administrator. (1) An estate administrator of the State Treasurer appointed under ORS 113.235 may take custody of the property of a decedent who died owning property subject to probate in Oregon upon the State Treasurer receiving notice that:

�� (a) The decedent died wholly intestate and without a known heir as described in ORS 113.238 (3); or

�� (b) The decedent left a valid will, but no devisee has been identified and found.

�� (2) For any estate described in subsection (1) of this section, an estate administrator of the State Treasurer appointed under ORS 113.235 may:

�� (a) Incur expenses for the funeral of the decedent in a manner suitable to the condition in life of the decedent;

�� (b) Incur expenses for the protection of the property of the estate;

�� (c) Incur expenses searching for a will or for heirs or devisees of the decedent;

�� (d) Have access to the property and records of the decedent other than records that are made confidential or privileged by statute;

�� (e) With proof of the death of the decedent, have access to all financial records of accounts or safe deposit boxes of the decedent at banks or other financial institutions; and

�� (f) Sell perishable property of the estate.

�� (3) The reasonable funeral and administrative expenses of the State Treasurer incurred under this section, including a reasonable attorney fee, shall be paid from the assets of the estate with the same priority as funeral and administration expenses under ORS 115.125. [2003 c.395 �9; 2016 c.42 �21; 2017 c.169 �51; 2019 c.678 �38]

�� 113.250 [Repealed by 1969 c.591 �305]

�� 113.260 [Repealed by 1969 c.591 �305]

�� 113.270 [Repealed by 1969 c.591 �305]

�� 113.280 [Repealed by 1969 c.591 �305]

�� 113.290 [Amended by 1953 c.601 �1; repealed by 1969 c.591 �305]

�� 113.410 [Repealed by 1969 c.591 �305]

�� 113.420 [Repealed by 1969 c.591 �305]

�� 113.430 [Repealed by 1969 c.591 �305]

�� 113.440 [Repealed by 1969 c.591 �305]

�� 113.450 [Repealed by 1969 c.591 �305]

�� 113.510 [Repealed by 1969 c.591 �305]

�� 113.520 [Repealed by 1969 c.591 �305]

�� 113.530 [Repealed by 1969 c.591 �305]

�� 113.540 [Repealed by 1969 c.591 �305]

�� 113.610 [Repealed by 1969 c.591 �305]

�� 113.620 [Repealed by 1969 c.591 �305]

�� 113.630 [Repealed by 1969 c.591 �305]

�� 113.640 [Repealed by 1969 c.591 �305]

�� 113.650 [Repealed by 1969 c.591 �305]

�� 113.660 [Repealed by 1969 c.591 �305]

�� 113.670 [Repealed by 1969 c.591 �305]

�� 113.680 [Repealed by 1969 c.591 �305]

�� 113.690 [Repealed by 1969 c.591 �305]

ORS 113.145

113.145 if that information was required to be delivered or mailed to the person on whose behalf the petition is filed; or

�� (b) If the person on whose behalf the petition is filed was not required to be named as an interested person in the petition for appointment of a personal representative:

�� (A) Four months after the date of publication of notice to interested persons; or

�� (B) If notice to interested persons was not published, one year after the decedent�s date of death.

�� (3) The petitioner has the burden of proving the facts alleged in a petition filed under this section by:

�� (a) If the petitioner is a child or sibling of the decedent, a preponderance of evidence; or

�� (b) If the petitioner is not a child or sibling of the decedent, clear and convincing evidence. [2005 c.741 �3; 2019 c.461 �5; 2023 c.18 �4]

�� 112.050 [Repealed by 1969 c.591 �305]

�� 112.055 Escheat. (1) If, after diligent search and inquiry that is appropriate to the circumstances, taking into account the value of the decedent�s estate, no person takes under ORS 112.025 to 112.045, the net intestate estate escheats to the State of Oregon.

�� (2) If a devisee or a person entitled to take under ORS 112.025 to 112.045 is not identified or found, the share of that person escheats to the State of Oregon, and the share must be delivered to the State Treasurer for deposit into the Unclaimed Property and Estates Fund and subject to claims under ORS 116.253.

�� (3) If a devisee or a person entitled to take under ORS 112.025 to 112.045 is not identified or found:

�� (a) The State Treasurer has the same preference as the missing devisee or person for the purpose of appointment as personal representative under ORS 113.085;

�� (b) Title to property of the decedent that would vest in the missing devisee or person under ORS 114.215 vests in the State Treasurer to hold for the benefit of the Unclaimed Property and Estates Fund and subject to claims under ORS 116.253; and

�� (c) The State Treasurer has all of the rights of the missing devisee or person for the purposes of ORS chapters 111, 112, 113, 114, 115, 116 and 117, including but not limited to the following:

�� (A) The right to any notice the missing devisee or person would have been entitled to receive;

�� (B) The right to contest any will of the decedent under ORS 113.075; and

�� (C) The right to information under ORS 113.145. [1969 c.591 �23; 2003 c.395 �2; 2015 c.387 �5; 2019 c.678 �31; 2021 c.424 �14; 2025 c.463 �3]

�� 112.058 Preferences and presumptions in escheat proceedings. (1) In any proceeding to determine the escheat share of the estate of a decedent whose estate is wholly or partially subject to probate in this state:

�� (a) No preference shall be given to any person over escheat; and

�� (b) After diligent search and inquiry appropriate to the circumstances, the following presumptions apply in a proceeding to determine whether a missing person has died:

�� (A) A missing person whose death cannot be proved by other means lives to 100 years of age.

�� (B) A missing person who was exposed to a specific peril at the time the person became missing has died if it is reasonable to expect from the nature of the peril that proof of death would be impractical.

�� (C) A missing person whose absence is unexplained has died if the character and habits of the person are inconsistent with a voluntary absence for the time that the person has been missing.

�� (D) A missing person known to have been alive who has not been seen or heard from for seven years has died if the person has been absent from the person�s usual residence, the absence is unexplained, there are other persons who would have been likely to have heard from the missing person during that period were the missing person alive, and those other persons have not heard from the missing person.

�� (2) In any proceeding described by subsection (1) of this section, a missing person who is presumed to be dead is also presumed to have had two children in addition to any known descendants of the person unless the presumption of death arises by reason of the application of subsection (1)(b)(B) or (C) of this section. [2003 c.395 �4; 2016 c.42 �5]

�� 112.060 [Amended by 1969 c.591 �74; renumbered 112.625]

�� 112.065 Passage by representation. �Representation� means the method of determining the passing of the net intestate estate when the distributees are of different generations in relation to the decedent. Representation is accomplished as follows:

�� (1) If a distributive share of a wholly or partially intestate estate passes by representation to a person�s descendants, the share is divided into as many equal shares as there are:

�� (a) Surviving descendants in the generation nearest to the person that contains one or more surviving descendants; and

�� (b) Deceased descendants, in the generation nearest to the person that contains one or more surviving descendants, who left surviving descendants, if any.

�� (2) Each share created for a surviving descendant in the nearest generation is distributed to that descendant. Each share created for a deceased descendant is distributed to the descendants of the deceased descendant by representation as described in this section. [1969 c.591 �24; 2015 c.387 �6; 2016 c.42 �6]

�� 112.070 [Amended by 1969 c.591 �75; renumbered 112.635]

�� 112.075 [1969 c.591 �25; repealed by 2015 c.387 �1]

�� 112.077 Time of determining relationships; application to different circumstances of conception. (1) For purposes of this section, an embryo that exists outside a person�s body is not considered to be conceived until the embryo is implanted into a person�s body.

�� (2) Except as provided in subsections (3) and (4) of this section, the relationships existing at the time of the death of a decedent govern the passing of the decedent�s estate.

�� (3) A person conceived before the death of the decedent and born alive thereafter inherits as though the person was a child of the decedent and alive at the time of the death of the decedent.

�� (4) Notwithstanding ORS 109.218 and 109.240, a child conceived from the genetic material of a decedent who died before the transfer of the decedent�s genetic material into a person�s body is not entitled to an interest in the decedent�s estate unless:

�� (a) The decedent, in a writing signed by the decedent and dated, specified that the decedent�s genetic material may be used for the posthumous conception of a child of the decedent;

�� (b) The person designated by the decedent to control use of the decedent�s genetic material gives written notice to the personal representative of the decedent�s estate, within four months of the date of the appointment of the personal representative, that the decedent�s genetic material is available for the purpose of posthumous conception; and

�� (c) The child conceived from the decedent�s genetic material is in utero within 24 months after the date of the decedent�s death. [2015 c.387 �27; 2025 c.592 �76]

�� 112.080 [Amended by 1969 c.591 �76; renumbered 112.645]

�� 112.085 [1969 c.591 �26; 1973 c.506 �6; 1975 c.244 �1; repealed by 1999 c.131 �11]

�� 112.095 Persons of the half blood. Persons of the half blood inherit the same share that they would inherit if they were of the whole blood. [1969 c.591 �27]

�� 112.105 Succession where parents not married. (1) For all purposes of intestate succession, full effect shall be given to all relationships as described in ORS 109.060, except as otherwise provided by law in case of adoption.

�� (2) For all purposes of intestate succession and for those purposes only, before the relationship of parent and child and other relationships dependent upon the establishment of parentage shall be given effect under subsection (1) of this section:

�� (a) The parentage of the child shall have been established under ORS 109.065 during the lifetime of the child; or

�� (b) The parent must have acknowledged being the parent of the child in writing, signed by the parent during the lifetime of the child. [1969 c.591 �28; 2015 c.387 �7; 2017 c.651 �35; 2025 c.34 �1; 2025 c.592 �77]

�� 112.115 Persons related to decedent through two lines. A person who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship which would entitle the person to the larger share. [1969 c.591 �29]

ADVANCEMENTS

�� 112.135 When gift is an advancement; valuation of advancement. (1)(a) If a person dies intestate as to all or part of the estate of the person, property that the person gives during the lifetime of the person to an heir is treated as an advancement against the heir�s share of the estate if declared in writing by the decedent or acknowledged in writing by the heir to be an advancement.

�� (b) For purposes of applying the gift against the heir�s share of the intestate estate, the property advanced must be valued as of the time the heir came into possession or enjoyment of the property or as of the time of death of the decedent, whichever occurs first, unless otherwise directed in the decedent�s writing.

�� (2)(a) Except as provided in ORS 112.385, property that a testator gives during the testator�s lifetime to a devisee is treated as an advancement of the devisee�s share in whole or in part if:

�� (A) The will provides for deduction of the gift;

�� (B) The testator declared in writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise; or

�� (C) The devisee acknowledges in writing, before or after the testator�s death, that the gift was made in satisfaction of the devise or that its value was to be deducted from the value of the devise.

�� (b) For purposes of applying the gift against the devisee�s share of the testate estate, the property advanced must be valued as of the time the devisee came into possession or enjoyment of the property or as of the time of the testator�s death, whichever occurs first, unless otherwise directed in the testator�s will or a writing described in paragraph (a)(B) of this subsection.

�� (3)(a) Property not subject to probate administration, the transfer of which is intended by the decedent to take effect on death, is treated as an advancement against the heir�s share of the estate or the devisee�s devise under the will if declared in writing by the decedent, or acknowledged in writing by the heir or devisee, to be an advancement. Examples of transfers under this subsection include but are not limited to beneficiary designation, right of survivorship and transfer on death deed or transfer on death designation.

�� (b) The property transferred under this subsection must be valued as of the time of the decedent�s death, unless otherwise directed in the testator�s will or in a writing by the decedent. [1969 c.591 �30; 2016 c.42 �8]

�� 112.145 Effect of advancement on distribution. (1) If the value of an advancement exceeds the heir�s or devisee�s share of the estate, the heir or devisee shall be excluded from any further share of the estate, but the heir or devisee shall not be required to refund any part of the advancement. If the value of an advancement is less than the heir�s or devisee�s share, the heir or devisee shall be entitled upon distribution of the estate to such additional amount as will give the heir or devisee the heir�s or devisee�s share of the estate.

�� (2) The property advanced is not a part of the estate, but for the purpose of determining the shares of the heirs or devisees the advancement shall be added to the value of the estate, the sum then divided among the heirs or devisees according to the laws of intestate succession or the testator�s will and the advancement then deducted from the share of the heir or devisee to whom the advancement was made. [1969 c.591 �31; 2016 c.42 �9]

�� 112.155 Death of advancee before decedent. If the recipient of the property advanced fails to survive the decedent, the amount of the advancement shall be taken into account in computing the share of the descendants of the recipient, whether or not the descendants take by representation. [1969 c.591 �32; 2016 c.42 �10]

STATUS OF ADOPTED PERSONS

�� 112.175 Adopted persons. (1) An adopted person, the descendants and kindred of the adopted person shall take by intestate succession from the adoptive parents, their descendants and kindred, and the adoptive parents, their descendants and kindred shall take by intestate succession from the adopted person, the descendants and kindred of the adopted person, as though the adopted person were the biological child of the adoptive parents.

�� (2) An adopted person shall cease to be treated as the child of any person other than the adopted person�s adoptive parents for all purposes of intestate succession except in the following circumstances:

�� (a) If a person is adopted by a stepparent or a domestic partner of a parent in a domestic partnership registered under ORS 106.300 to 106.340 or under a similar law in another state, the adopted person shall continue also to be treated, for all purposes of intestate succession, as the child of the parent who is the spouse of, or other domestic partner in the domestic partnership with, the adoptive parent.

�� (b) If a parent of a person dies, and the other parent of the person marries or enters into a domestic partnership registered under ORS 106.300 to 106.340 or under a similar law in another state, and the person is adopted by a stepparent or the other domestic partner, the adopted person shall continue also to be treated, for all purposes of intestate succession, as the child of the deceased parent.

�� (3) ORS chapters 111, 112, 113, 114, 115, 116 and 117 apply to adopted persons who were adopted in this state or elsewhere. [1969 c.591 �33; 2015 c.387 �8; 2016 c.42 �11]

�� 112.185 Effect of more than one adoption. For all purposes of intestate succession, a person who has been adopted more than once shall be treated as the child of the parents who have most recently adopted the person and, except as otherwise provided in this section, shall cease to be treated as the child of the previous adoptive parents. The person shall continue also to be treated as the child of a previous parent or previous adoptive parent other than the most recent adoptive parents only to the extent provided in ORS 112.175 (2), and for the purpose of applying that subsection with reference to a previous adoptive parent, �parent� in that subsection means the previous adoptive parent. [1969 c.591 �34; 2015 c.387 �9]

�� 112.195 References in wills, deeds and other instruments to accord with law of intestate succession. Unless a contrary intent is established by the instrument, all references in a will, deed, trust instrument or other instrument to an individual or member of a class described generically in relation to a particular person as children, issue, grandchildren, descendants, heirs, heirs of the body, next of kin, distributees, grandparents, brothers, nephews or other relatives shall include any person who would be treated as so related for all purposes of intestate succession, except that an adopted person so included must have been adopted as a minor or after having been a member of the household of the adoptive parent while a minor. [1969 c.591 �35]

WILLS

�� 112.225 Who may make a will. Any person who is 18 years of age or older or who has been lawfully married or who has been emancipated in accordance with ORS 419B.550 to 419B.558, and who is of sound mind, may make a will. [1969 c.591 �36; 2015 c.387 �10]

�� 112.227 Intention of testator expressed in will as controlling. The intention of a testator as expressed in the will of the testator controls the legal effect of the dispositions of the testator. The rules of construction expressed in this section, ORS 112.230 and 112.410 apply unless a contrary intention is indicated by the will. [1973 c.506 �10]

�� 112.230 Local law of state selected by testator controlling unless against public policy. The meaning and legal effect of a disposition in a will shall be determined by the local law of a particular state selected by the testator in the instrument of the testator unless the application of that law is contrary to the public policy of this state. [1973 c.506 �11]

�� 112.232 Uniform International Wills Act. (1) As used in this section:

�� (a) �International will� means a will executed in conformity with subsections (2) to (5) of this section.

�� (b) �Authorized person� and �person authorized to act in connection with international wills� means a person who by subsection (9) of this section, or by the laws of the United States including members of the diplomatic and consular service of the United States designated by foreign service regulations, is empowered to supervise the execution of international wills.

�� (2)(a) A will is valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of the nationality, domicile or residence of the testator, if it is made in the form of an international will complying with the requirements of this section.

�� (b) The invalidity of the will as an international will does not affect its formal validity as a will of another kind.

�� (c) This section does not apply to the form of testamentary dispositions made by two or more persons in one instrument.

�� (3)(a) The will must be made in writing. It need not be written by the testator. It may be written in any language, by hand or by any other means.

�� (b) The testator shall declare in the presence of two witnesses and of a person authorized to act in connection with international wills that the document is the will of the testator and that the testator knows the contents thereof. The testator need not inform the witnesses, or the authorized person, of the contents of the will.

�� (c) In the presence of the witnesses, and of the authorized person, the testator shall sign the will or, if the testator has previously signed it, shall acknowledge the signature.

�� (d) If the testator is unable to sign, the absence of that signature does not affect the validity of the international will if the testator indicates the reason for inability to sign and the authorized person makes note thereof on the will. In that case, it is permissible for any other person present, including the authorized person or one of the witnesses, at the direction of the testator, to sign the testator�s name for the testator if the authorized person makes note of this on the will, but it is not required that any person sign the testator�s name for the testator.

�� (e) The witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator.

�� (4)(a) The signatures must be placed at the end of the will. If the will consists of several sheets, each sheet must be signed by the testator or, if the testator is unable to sign, by the person signing on behalf of the testator or, if there is no such person, by the authorized person. In addition, each sheet must be numbered.

�� (b) The date of the will must be the date of its signature by the authorized person. That date must be noted at the end of the will by the authorized person.

�� (c) The authorized person shall ask the testator whether the testator wishes to make a declaration concerning the safekeeping of the will. If so and at the express request of the testator, the place where the testator intends to have the will kept must be mentioned in the certificate provided for in subsection (5) of this section.

�� (d) A will executed in compliance with subsection (3) of this section is not invalid merely because it does not comply with this subsection.

�� (5) The authorized person shall attach to the will a certificate to be signed by the authorized person establishing that the requirements of this section for valid execution of an international will have been fulfilled. The authorized person shall keep a copy of the certificate and deliver another to the testator. The certificate must be substantially in the following form:

CERTIFICATE

(Convention of October 26, 1973)

�� 1.�� I, ___ (name, address and

�� capacity), a person authorized to act

�� in connection with international wills,

2.�� certify that on ___ (date)

�� at ___ (place)

3.�� (testator) ___ (name, address,

�� date and place of birth) in my presence

�� and that of the witnesses

4.�� (a) ___ (name, address, date

�� and place of birth)

�� (b) ___ (name, address, date

�� and place of birth) has declared that

�� the attached document is the will of

�� the testator and that the testator

�� knows the contents thereof.

5.�� I furthermore certify that:

6.�� (a)� in my presence and in that of the

�� witnesses

�� (1)�� the testator has signed

�� the will or has acknowledged

�� the testator�s signature

�� previously affixed.

�� *(2)�� following a declaration

�� of the testator stating that

�� the testator was unable to

�� sign the will for the following

�� reason ______,

�� I have mentioned this declar-

�� ation on the will, *and the

�� signature has been affixed by

�� ___ (name and address)

7.�� (b)� the witnesses and I have signed

�� the will;

8.�� *(c) each page of the will has been

�� signed by __

�� and numbered;

9.�� (d) I have satisfied myself as to

�� the identity of the testator and

�� of the witnesses as designated above;

�� 10. (e) the witnesses met the conditions

�� requisite to act as such according

�� to the law under which I am acting;

�� 11. *(f) the testator has requested me

�� to include the following statement

�� concerning the safekeeping of

�� the will: ___

�� 12. PLACE OF EXECUTION

�� 13. DATE

�� 14. SIGNATURE and, if necessary, SEAL

�*to be completed if appropriate

�� (6) In the absence of evidence to the contrary, the certificate of the authorized person is conclusive of the formal validity of the instrument as a will under this section. The absence or irregularity of a certificate does not affect the formal validity of a will under this section.

�� (7) An international will is subject to the ordinary rules of revocation of wills.

�� (8) Subsections (1) to (7) of this section derive from Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will. In interpreting and applying this section, regard shall be had to its international origin and to the need for uniformity in its interpretation.

�� (9) Individuals who have been admitted to practice law before the courts of this state and are currently licensed so to do are authorized persons in relation to international wills.

�� (10) This section may be referred to and cited as the Uniform International Wills Act. [1981 c.481 �2; 1993 c.98 �2]

�� 112.235 Execution of a will. (1) Except as provided in ORS 112.238, a will shall be in writing and shall be executed in accordance with the following formalities:

�� (a) The testator, in the presence of each of the witnesses, shall:

�� (A) Sign the will;

�� (B) Direct one of the witnesses or some other person to sign the name of the testator and the signer�s own name on the will; or

�� (C) Acknowledge the signature previously made on the will by the testator or at the testator�s direction.

�� (b) At least two witnesses shall each:

�� (A)(i) See the testator sign the will;

�� (ii) Hear the testator acknowledge the signature on the will; or

�� (iii) Hear or observe the testator direct some other person to sign the name of the testator; and

�� (B) Attest the will by signing the witness� name to the will within a reasonable time before the testator�s death.

�� (2) The signature by a witness on an affidavit executed contemporaneously with execution of a will is considered a signature by the witness on the will in compliance with subsection (1)(b)(A)(iii) of this section if necessary to prove the will was duly executed in compliance with this section.

�� (3) A will executed in compliance with the Uniform International Wills Act shall be deemed to have complied with the formalities of this section.

�� (4) As used in this section and ORS 112.238, �writing� does not include an electronic record, document or image. [1969 c.591 �37; 1973 c.506 �7; 1981 c.481 �4; 2015 c.387 �11; 2025 c.34 �3]

�� Note: Section 6 (2), chapter 34, Oregon Laws 2025, provides:

�� Sec. 6. (2) Notwithstanding section 36, chapter 387, Oregon Laws 2015, the amendments to ORS 112.235 and 112.238 by sections 3 and 4 of this 2025 Act apply to a writing executed before, on or after the effective date of this 2025 Act [January 1, 2026], if the writing was executed by or at the direction of a decedent dying on or after the effective date of this 2025 Act. [2025 c.34 �6(2)]

�� 112.237 [1981 c.481 �3; repealed by 1993 c.98 �26]

�� 112.238 Exception to will execution formalities; petition; notice; written objections; hearing; fee. (1) Although a writing was not executed in compliance with ORS 112.235, the writing may be treated as if it had been executed in compliance with ORS 112.235 if:

�� (a) The writing was executed before the decedent�s death;

�� (b)(A) The decedent signed the writing; or

�� (B) At the direction of the decedent, another person signed the name of the decedent and the signer�s own name on the writing; and

�� (c) The proponent of the writing establishes by clear and convincing evidence that the decedent intended the writing to constitute:

�� (A) The decedent�s will;

�� (B) A partial or complete revocation of the decedent�s will; or

�� (C) An addition to or an alteration of the decedent�s will.

�� (2) A writing described in subsection (1) of this section may be filed with the court for administration as the decedent�s will pursuant to ORS 113.035. The proponent of the writing shall give notice of the filing of the petition under ORS 113.035 to those persons identified in ORS 113.035 (5), (7), (8) and (9). Persons receiving notice under this subsection shall have 20 days after the notice was given to file written objections to the petition. The court may make a determination regarding the decedent�s intent after a hearing or on the basis of affidavits.

�� (3) The proponent of a writing described in subsection (1) of this section may file a petition with the court to establish the decedent�s intent that the writing was to be a partial or complete revocation of the decedent�s will or an addition to or an alteration of the decedent�s will. The proponent shall give notice of the filing to any personal representative appointed by the court, the devisees named in any will admitted to probate and those persons identified in ORS

ORS 114.462

114.462, proof of compliance with this subsection or a waiver of notice as provided under ORS 111.225.

�� (5) Within 30 days after the appointment of the personal representative, the personal representative must mail or deliver the following information to the Department of Human Services and the Oregon Health Authority:

�� (a) The title of the court in which the estate proceeding is pending and the case number;

�� (b) The name of the decedent and the place and date of the death of the decedent;

�� (c) The name and address of the personal representative, the attorney representing the personal representative in the wrongful death action and the attorney representing the personal representative in the probate proceeding;

�� (d) The date of the appointment of the personal representative; and

�� (e) Any other information required by rule of the department or the authority. [2019 c.166 �6; 2019 c.678 �41b]

�� Note: See note under 114.441.

�� 114.459 Waiver of requirements. (1) When a personal representative is appointed ORS 114.453 and no assets of the estate have been discovered:

�� (a) The following requirements are waived:

�� (A) Information to devisees, heirs and interested persons of appointment of personal representative under ORS 113.145;

�� (B) Publication of notice under ORS 113.155;

�� (C) The bond required under ORS 113.105;

�� (D) Proof of compliance of diligent search for claimants under ORS 115.003; and

�� (E) The inventory required under ORS 113.165.

�� (b) The personal representative may file an annual report on the status of the wrongful death claim in lieu of the annual account required under ORS 116.083.

�� (c) In lieu of filing a final account under ORS 116.083 (4), the personal representative may file a motion to close the estate ORS 114.462.

�� (2) This section does not limit or modify the provisions of ORS 30.030 (3). [2019 c.166 �7]

�� Note: See note under 114.441.

�� 114.462 Motion to close estate; objections; judgment; discharge of personal representative. (1) When a personal representative is appointed under ORS 114.453 and no assets of the estate have been discovered, the personal representative may move to close the estate after resolution of the wrongful death claim and distribution of any funds recovered in the wrongful death claim, but no earlier than four months after the latest date of delivery or mailing of the information described ORS 114.456.

�� (2) The motion must state that no assets of the estate have been discovered and that the wrongful death claim has been resolved.

�� (3) The motion must be accompanied by receipts or other evidence satisfactory to the court showing that the damages accepted or recovered in the wrongful death claim have been distributed as provided in ORS 30.030.

�� (4) The personal representative shall set a time for filing objections to the motion to close the estate. Not less than 20 days before the time set, the personal representative shall mail a copy of the motion to close the estate to each beneficiary.

�� (5) If the court grants the motion, the court shall enter a general judgment closing the estate and discharging the personal representative. The discharge so entered operates as a release of the personal representative from further duties and as a bar to any action against the personal representative. The court may, in its discretion and upon such terms as may be just, within one year after entry of the judgment of discharge, permit an action to be brought against the personal representative if the judgment of discharge was taken through fraud or misrepresentation of the personal representative or through the mistake, inadvertence, surprise or excusable neglect of the claimant. [2019 c.166 �8]

�� Note: See note under 114.441.

SIMPLE ESTATES

�� 114.505 Definitions for ORS 114.505 to 114.560. As used in ORS 114.505 to 114.560:

�� (1) �Affiant� means the person or persons signing a simple estate affidavit.

�� (2) �Claiming successors� means:

�� (a) If the decedent died intestate, the heir or heirs of the decedent, or if there is no heir, an estate administrator of the State Treasurer appointed under ORS

ORS 114.515

114.515 (6), claims against the estate may be presented within four months after the filing of the amended affidavit.

�� (b) Except as provided in ORS 114.550 or 130.350, a claim presented after the limitations described in paragraph (a) of this subsection is barred.

�� (c) Filing a claim with the court does not constitute presentation to the affiant.

�� (d)(A) Except as provided in subparagraph (B) of this paragraph, a claim is presented to the affiant when the claim is mailed or personally delivered to the affiant at the mailing address for presentment of claims included in the simple estate affidavit under ORS 114.525.

�� (B) If the affiant authorized creditors to present claims by electronic mail or facsimile communication in the simple estate affidavit as provided in ORS 114.525, a claim is presented to the affiant when it is sent to the electronic mail address or the facsimile number designated by the affiant for presentment of claims, unless the sender receives a notice that the electronic mail was not delivered or the facsimile communication was not successful. If the affiant denies receiving the electronic mail or facsimile communication, the burden of proof is on the creditor to demonstrate that the electronic mail was properly addressed and sent or that the facsimile communication was properly addressed and successfully delivered or transmitted.

�� (e) Each claim presented to the affiant must include the information required by ORS 115.025.

�� (2)(a) A claim presented to the affiant that was not listed in the simple estate affidavit shall be considered allowed as presented unless within 60 days after the date of presentment of the claim the affiant mails or delivers a notice of disallowance of the claim in whole or in part to the claimant and any attorney for the claimant. A notice of disallowance of a claim must state the reason for the disallowance and inform the claimant that the claim has been disallowed in whole or in part and, to the extent disallowed, will be barred unless:

�� (A) The claimant files a petition for summary determination as provided in ORS 114.542; or

�� (B) A petition for appointment of a personal representative of the estate is filed within the time allowed under ORS 114.555.

�� (b) Statement of a reason for disallowance under this subsection is not an admission by the affiant and does not preclude the assertion of other defenses to the claim. [1989 c.228 �7; 2003 c.523 �3; 2005 c.122 �4; 2019 c.165 �10; 2023 c.17 �5]

�� 114.542 Summary determination. (1)(a) A creditor of an estate whose claim has been presented within the time permitted by ORS 114.540 (1) and disallowed by the affiant in whole or in part may within 30 days after the date of mailing or delivery of the notice of disallowance file with the probate court a petition for summary determination of the claim by the court.

�� (b) A creditor of the decedent whose claim is listed in the simple estate affidavit as disputed may within four months after the filing of the affidavit or amended affidavit listing the disputed claim file with the probate court a petition for summary determination of the creditor�s claim by the court.

�� (2) The court shall hear a petition for summary determination filed under this section without a jury, after notice to the creditor and affiant, and any interested person may be heard in the proceeding.

�� (3) The claim may be proved as provided in ORS 115.195.

�� (4) Upon a hearing under this section the court shall determine the claim in a summary manner and shall make an order allowing or disallowing the claim in whole or in part.

�� (5) An order of the court made upon summary determination under this section may not be appealed and may be enforced only by the filing of a petition for summary review under ORS 114.550. [2019 c.165 �12; 2023 c.17 �14]

�� 114.545 Affiant as fiduciary; duties, functions and powers of affiant; limitation of liability of financial institution. (1) The affiant:

�� (a) Is a fiduciary who is under a general duty to administer, preserve, settle and distribute the estate in accordance with the terms of the will, the law of intestate succession and ORS 114.505 to 114.560 as expeditiously and with as little sacrifice of value as is reasonable under the circumstances.

�� (b) May not commingle property of the estate of which the affiant has taken possession with property of the affiant or any other person.

�� (c) Shall take control of the property of the estate coming into the possession of the affiant and collect the income from property of the estate in the possession of the affiant.

�� (d) Within 30 days after filing the simple estate affidavit, shall mail or deliver each instrument that the affidavit states will be mailed or delivered.

�� (e) May open one or more deposit accounts in a financial institution as defined in ORS 706.008 with funds of the decedent, upon which the affiant may withdraw funds by means of checks, drafts or negotiable orders of withdrawal or otherwise for the payment of claims and expenses described in paragraph (f) of this subsection.

�� (f) From and to the extent of the property of the estate, shall pay or reimburse any person who has paid:

�� (A) Expenses described in ORS 115.125 (1)(b) and (c) and listed in the simple estate affidavit;

�� (B) Claims listed in the simple estate affidavit as undisputed;

�� (C) Allowed claims presented to the affiant within the time permitted by ORS 114.540; and

�� (D) Claims that the probate court allowed upon summary determination under ORS 114.542.

�� (g) Shall pay claims and expenses under paragraph (f) of this subsection in the order of priority prescribed by ORS 115.125.

�� (h) May transfer and sell property that is part of the estate as provided in ORS 114.547.

�� (i) Shall retain records of the administration of the estate at least until the later of:

�� (A) The expiration of the two-year period established in ORS 114.550; or

�� (B) The conclusion of any summary review proceeding under ORS 114.550.

�� (2) Notwithstanding any other provision of this section or ORS 114.547, when an heir or devisee entitled to succeed to a conveyance fails or refuses to join in the conveyance as required by ORS 114.547, an affiant approved under ORS

ORS 114.535

114.535, if you owe a debt to the decedent or have personal property of the decedent, you must pay the debt or turn over the property to the affiant. If you refuse, the affiant may ask the court to compel you to pay the debt or turn over the property and you could be responsible for the affiant�s attorney fees.

�� (b) State the name and post-office address of the affiant.

�� (c) State the authority under which the affiant is filing the simple estate affidavit, as provided in ORS 114.515.

�� (d) State that the simple estate affidavit is made under ORS 114.505 to 114.560.

�� (e) State the name, age, domicile and post-office address and last four digits of the Social Security number of the decedent.

�� (f) State the date and place of the decedent�s death.

�� (g) Describe and state the fair market value of all property in the estate, valued as provided in ORS 114.510, including a legal description of any real property.

�� (h) State that no personal representative of the estate has been appointed in Oregon, that there is no pending petition for appointment of a personal representative of the estate in Oregon and that the estate is not currently being administered in Oregon.

�� (i) State whether the decedent died testate or intestate.

�� (j) List the heirs of the decedent and the last address of each heir as known to the affiant, and state that a copy of the affidavit showing the date of filing and a copy of the will, if the decedent died testate, will be delivered to each heir or mailed to the heir at the last-known address.

�� (k) If the decedent died testate, list the devisees of the decedent and the last address of each devisee as known to the affiant and state that a copy of the will and a copy of the affidavit showing the date of filing will be delivered to each devisee or mailed to the devisee at the last-known address.

�� (L) State the interest in the property described in the affidavit to which each heir or devisee is entitled and the interest, if any, that will escheat.

�� (m) State that reasonable efforts have been made to ascertain creditors of the estate.

�� (n) List the claims against the estate that are undisputed by the affiant and that remain unpaid or on account of which the affiant or any other person is entitled to reimbursement from the estate, including the known or estimated amounts of the claims and the names and addresses of the creditors as known to the affiant, and state that a copy of the affidavit showing the date of filing will be delivered to each creditor who has not been paid in full or mailed to the creditor at the last-known address.

�� (o) Separately list the name and address of each person known to the affiant to assert a claim against the estate that the affiant disputes and the known or estimated amount of the claims disputed by the affiant and state that a copy of the affidavit showing the date of filing will be delivered to each such person or mailed to the person at the last-known address.

�� (p)(A) State the mailing address for presentment of claims; and

�� (B) If the affiant wishes to authorize creditors to present claims by electronic mail or facsimile communication, state the electronic mail address or facsimile number for presentment of claims.

�� (q) List anticipated administrative expenses and attorney fees, if any.

�� (r) State that the affiant is not disqualified from acting as an affiant under ORS 114.515 (2).

�� (s) State that a copy of the affidavit showing the date of filing and a copy of the death record will be mailed or delivered to the Department of Human Services or to the Oregon Health Authority, as prescribed by rule by the department or authority.

�� (t) State, to the best of the affiant�s knowledge, whether the decedent was incarcerated in a correctional facility in this state at any time in the 15 years before the decedent�s death and, if the decedent was incarcerated in a correctional facility in this state at any time in the 15 years before the decedent�s death, state that a copy of the affidavit showing the date of filing and a copy of the death record will be mailed or delivered to the Department of Corrections.

�� (u) State that undisputed claims against the estate will be paid as provided in ORS 114.545.

�� (v) State that claims against the estate not listed in the affidavit or in amounts larger than those listed in the affidavit may be barred unless:

�� (A) A claim is presented to the affiant within four months of the filing of the affidavit or amended affidavit at the address, electronic mail address or facsimile number stated in the affidavit for presentation of claims; or

�� (B) A petition for appointment of a personal representative of the estate is filed within the time allowed under ORS 114.555.

�� (w) If the affidavit lists one or more claims that the affiant disputes, state that any such claim may be barred unless:

�� (A) A petition for summary determination is filed within four months of the filing of the affidavit; or

�� (B) A petition for appointment of a personal representative of the estate is filed within the time allowed under ORS 114.555.

�� (2) The affiant shall file a certified copy of the death record of the decedent as a confidential document.

�� (3) If the decedent died testate, the affiant shall file simultaneously with the simple estate affidavit:

�� (a)(A) The original will; or

�� (B) If the original will is filed in an estate proceeding in another jurisdiction, a certified copy of the original will; and

�� (b) Proof of the will meeting the requirements of ORS 113.055.

�� (4) If the simple estate affidavit is filed under ORS 114.510 (1)(b), the affiant shall also file simultaneously with the simple estate affidavit a copy of the trust instrument or a certification of the trust under ORS 130.860. [1973 c.710 �6; 1977 c.239 �3; 1979 c.340 �2; 1989 c.228 �3; 1991 c.191 �3; 1995 c.453 �1; 2001 c.104 �35; 2001 c.620 �2; 2001 c.900 �18a; 2003 c.196 �1; 2003 c.395 �16; 2005 c.22 �93; 2009 c.595 �79; 2013 c.14 �2; 2013 c.366 �60; 2017 c.169 �53; 2019 c.165 �7; 2023 c.17 �3a]

�� 114.535 Transfer of decedent�s property to affiant; payment of debt owing to decedent; transfer of recorded brand; motion to compel transfer or payment. (1) The affiant may deliver a certified copy of a simple estate affidavit to any person who has possession of personal property belonging to the estate or who was indebted to the decedent. Except as provided in this section, upon receipt of the certified copy, the person shall pay the debt or transfer, deliver, provide access to and allow possession of the personal property to the affiant.

�� (2) Subject to ORS 114.537, if a certified copy of a simple estate affidavit is delivered under subsection (1) of this section to a person that controls access to personal property belonging to the estate of the decedent, including personal property held in a safe deposit box for which the decedent was the sole lessee or the last surviving lessee, the person shall:

�� (a) Provide the affiant with access to the decedent�s personal property; and

�� (b) Allow the affiant to take possession of the personal property.

�� (3) Subject to ORS 114.537, if a certified copy of a simple estate affidavit is delivered under subsection (1) of this section to a person who owes a debt to the decedent or has received property of the decedent under ORS 446.616, 708A.430,

ORS 115.145

115.145 (1)(a); or

�� (C) An application for an order directing payment of a claim under ORS 115.185.

�� (6) Nothing in this section is intended to affect the burden of proof or standard of proof that is applied in probate proceedings. [2021 c.282 �2; 2023 c.17 �7; 2025 c.34 �5]

�� Note: Section 6 (3), chapter 34, Oregon Laws 2025, provides:

�� Sec. 6. (3) The amendments to ORS 111.200 by section 5 of this 2025 Act apply to contested issues first raised in a probate proceeding on or after the effective date of this 2025 Act [January 1, 2026]. [2025 c.34 �6(3)]

�� 111.205 Commencement of probate proceeding; pleadings and mode of procedure; jury trial. (1) A probate proceeding is commenced by the filing of a petition in a court with jurisdiction over probate proceedings. Petitions to commence probate proceedings are authorized in ORS chapters 113 and 117.

�� (2) No particular pleadings or forms of pleadings are required in the exercise of jurisdiction of probate courts. All petitions, inventories, reports and accountings in a probate proceeding must be in writing and include a declaration under penalty of perjury in the form required by ORCP 1 E. The declaration must be made by at least one of the persons making the pleading or by the attorney for the person, or in the case of a business entity by an authorized agent. A declarant who is physically outside the boundaries of the United States must make an unsworn declaration under ORS 194.800 to 194.835.

�� (3) Actions in a probate proceeding are not triable by a jury except as otherwise provided by law. [1969 c.591 �12; 1979 c.284 �104; 2007 c.284 �1; 2013 c.218 �13; 2017 c.169 �45; 2021 c.282 �9]

�� 111.210 [Repealed by 1969 c.591 �305]

�� 111.212 [1953 c.650 �2; repealed by 1969 c.591 �305]

�� 111.215 Notice; method and time of giving; computation of time. (1)(a) A notice required under ORS chapter 111, 112, 113, 114, 115, 116 or 117 must contain the following:

�� (A) The name, address and telephone number of the person giving the notice and the nature of that person�s interest in the estate;

�� (B) A statement where objections may be filed and the deadline for filing those objections, if any; and

�� (C) A statement that the objection must include a plain and concise statement of the basis for the objection.

�� (b) The notice must be accompanied by copies of any relevant documents filed or to be filed with the court.

�� (2)(a) Except as otherwise specifically provided in ORS chapter 111, 112, 113, 114, 115, 116 or 117, whenever notice is required in ORS chapter 111, 112, 113, 114, 115, 116 or 117, the petitioner or other person filing the document shall cause notice to be given to the personal representative, to each interested person whose interests may be affected by the substance of the document or the grant or denial of the requested action or relief.

�� (b) If the person giving notice under this section knows that a person who is entitled to notice under paragraph (a) of this subsection is represented by a fiduciary, the notice must also be given to the person�s fiduciary.

�� (c) If a person who is entitled to notice under paragraph (a) of this subsection is a minor, as that term is defined in ORS 125.005, the notice must be given to the minor�s parents and, if the minor is 14 years of age or older, to the minor.

�� (d) As used in this subsection, �parent� means a parent as defined in ORS 419A.004 whose rights have not been terminated or whose rights were terminated but reinstated under ORS 419B.532.

�� (3) Except as otherwise specifically provided in ORS chapter 111, 112, 113, 114, 115, 116 or 117, a notice described in subsection (1) or (2) of this section must be given in one or more of the following ways:

�� (a) By first class mail to the person�s place of residence or business.

�� (b) By personal delivery at the person�s place of residence or business.

�� (c) If the person consents in writing to electronic notice, or if the notice is being given to the Department of Human Services or the Oregon Health Authority and the department or authority has adopted rules allowing for the department or authority to accept electronic notice, by properly directed electronic mail.

�� (d) If the person has appeared by attorney or has requested that notice be sent to the person�s attorney, by mailing or delivery to the person�s attorney. If notice is given to a person�s attorney consistent with this paragraph, the person giving notice is not required to also send notice to the person.

�� (e) If the place of residence or business of any person is not known or cannot be ascertained with reasonable diligence, by publishing a copy of the notice once in each of three consecutive weeks in a newspaper of general circulation in the county where the probate court sits.

�� (f) Upon good cause shown any other method determined by the court to be reasonably suitable under the circumstances and likely to result in receipt of the notice, including notice by electronic mail irrespective of whether the person has consented to electronic service.

�� (4)(a) Except as otherwise ordered by the court or specifically provided in ORS chapter 111, 112, 113, 114, 115, 116 or 117, the notice described in subsection (1) of this section must be given no later than 15 days before the earlier of the date for filing objections to the petition or other pleading or the date set for the hearing.

�� (b) If a notice of time for filing objections or of the date set for a hearing is published as provided in subsection (3)(e) of this section, the last date of publication of the notice shall be at least 15 days before the earlier of the date for the filing of objections to the petition or motion or the date set for the hearing.

�� (5) Proof of the giving of notice described in subsection (1) of this section must be made at or before the hearing, if any, and filed in the proceeding.

�� (6) The time within which an act is to be done under ORS chapter 111, 112, 113, 114, 115, 116 or 117 is determined under ORS 174.120 and 174.125. [1969 c.591 �13; 2007 c.284 �8; 2017 c.169 �3; 2021 c.282 �10]

�� 111.218 Proof of service; proof of publication. (1) Proof of service must be made for all documents for which statutes require giving notice. If notice of a document is not required, no proof of service is required.

�� (2) Proof of service of a document may be on the document filed in the form of a certificate of service that specifies the date of mailing or other service or may be by a separate filing.

�� (3) Proof of publication required to be filed in probate court must be made in the form required by ORCP 7 F. [2007 c.284 �7; 2021 c.282 �11]

�� 111.220 [Repealed by 1957 c.411 �7]

�� 111.225 Waiver of notice. When any notice or information is required to be given under ORS chapters 111, 112, 113, 114, 115, 116 and 117, a guardian, a guardian ad litem, a conservator or a person who is neither incompetent nor a minor may waive notice by a writing signed by the guardian, guardian at litem, conservator or person or the attorney of the guardian, guardian ad litem, conservator or person and filed in the proceeding, or by the appearance of the guardian, guardian ad litem, conservator or person at the hearing. [1969 c.591 �14; 1973 c.506 �5]

�� 111.230 [Repealed by 1957 c.411 �7]

�� 111.231 [1957 c.411 �3; repealed by 1969 c.591 �305]

�� 111.235 Filing objections to petition or motion. (1) Any interested person or the personal representative may file a written objection to a petition or motion previously filed.

�� (2) An objection filed under this section must:

�� (a) Include a plain and concise statement of the basis for the objection;

�� (b) Be served on the persons described in ORS 111.215 (2); and

�� (c) Be filed on or before the final date for the filing of objections to the petition or motion.

�� (3) If no objections are filed before the final date for the filing of objections to the petition or motion, or if all filed objections are withdrawn, the court may sign the proposed order or judgment without further notice. [1969 c.591 �15; 2021 c.282 �12]

�� 111.240 [Repealed by 1957 c.411 �7]

�� 111.241 Hearing. (1) The court may require that a hearing be held on any petition or motion in a probate proceeding.

�� (2) A hearing must be held on a petition or a motion in a probate proceeding if an objection to the petition or motion is filed and the objection is not withdrawn before the hearing. [2021 c.282 �3]

�� 111.245 Proof of documents; certification. (1) Proof of documents pursuant to ORS chapter 111, 112, 113, 114, 115, 116 or 117 may be made as follows:

�� (a) Of a will, by a certified copy of the will.

�� (b) That a will has been probated or established in a foreign jurisdiction, by a certified copy of the document entered in the foreign jurisdiction admitting the will to probate or recognizing the validity of the will.

�� (c) Of letters testamentary or letters of administration, by a certified copy of the letters. The certification may include a statement that the letters have not been revoked.

�� (2) A document filed or entered in a foreign jurisdiction may be proved by a copy of the document, certified by a clerk of the court in which the document was filed or entered or by any other official having legal custody of the original document. [1969 c.591 �16; 2017 c.169 �46; 2021 c.282 �13]

�� 111.255 Translation of documents. If all or part of a document is not in the English language, a translation certified by the translator to be accurate may be attached to the document. If no objection is made to the certified translation, any person who relies in good faith on the accuracy of the translation may not be prejudiced because of its inaccuracy. [1969 c.591 �17; 2017 c.169 �47; 2021 c.282 �14]

�� 111.265 [1969 c.591 �18; repealed by 2021 c.282 �23]

�� 111.275 Limited judgments. (1) The court in a probate proceeding may enter a limited judgment only for the following decisions of the court:

�� (a) A decision on a petition for appointment or removal of a personal representative, including a successor personal representative.

�� (b) A decision in a will contest filed in the probate proceeding.

�� (c) A decision to require delivery of possession of property of the decedent, including records, accounts or documents relating to the property.

�� (d) A decision to determine ownership of title for real or personal property.

�� (e) A decision on a petition or motion for support or elective share.

�� (f) A decision on an objection to a final accounting.

�� (g) A decision on a request made in the proceeding for a declaratory judgment under ORS 111.095.

�� (h) A decision on a request for an award of expenses under ORS 116.183.

�� (i) A decision on surcharge of a fiduciary or a surety.

�� (j) Such decisions of the court as may be specified by rules or orders of the Chief Justice of the Supreme Court under ORS 18.028.

�� (k) Any other decision that is a final determination of the rights of one or more persons.

�� (2) A court may enter a limited judgment under this section only if the court determines that there is no just reason for delay. The judgment document need not reflect the court�s determination that there is no just reason for delay. [2005 c.568 �33; 2009 c.50 �1; 2016 c.42 �18; 2021 c.282 �15]

ORS 115.335

115.335�� Chapter does not apply to certain trusts

CLAIMS AGAINST ESTATES

�� 115.001 Effect of direction to pay debts, charges, taxes or expenses. A mere testamentary direction to pay debts, charges, taxes or expenses of administration shall not be considered a direction for exoneration from encumbrances. [1973 c.506 �35]

�� 115.003 Personal representative to make diligent search for claimants; notice to claimants; contents; proof of compliance; exception for estates with no known assets. (1) Except as provided in subsection (6) of this section, during the three months following appointment, unless a longer time is allowed by the court, the personal representative shall make reasonably diligent efforts to investigate the financial records and affairs of the decedent and shall take such further actions as may be reasonably necessary to ascertain the identity and address of each person who has or asserts a claim against the estate. The personal representative shall request and the court shall allow a longer time for ascertaining claims if the personal representative cannot complete reasonably diligent efforts to identify persons with claims during the time required by this section or by a previous order of the court.

�� (2) Not later than 30 days after expiration of the period, including any extensions, described in subsection (1) or (6) of this section, the personal representative shall cause to be delivered or mailed to each person known by the personal representative during such period to have or assert a claim against the estate a notice containing the information required in subsection (3) of this section. The personal representative is not required to give notice on account of a claim that has already been presented, accepted or paid in full or on account of a claim that is merely conjectural. The personal representative may also cause such a notice to be delivered or mailed to any person discovered by the personal representative after expiration of the period described in subsection (1) or (6) of this section to have or assert a claim against the estate.

�� (3) The notice shall include:

�� (a) The title of the court in which the estate proceeding is pending;

�� (b) The name of the decedent;

�� (c) The name of the personal representative and the address at which claims are to be presented;

�� (d) A statement that claims against the estate not presented to the personal representative within 45 days of the date of the notice may be barred; and

�� (e) The date of the notice, which shall be the date on which it is delivered or mailed.

�� (4) Not later than 60 days after expiration of the period, including any extensions, described in subsection (1) or (6) of this section, the personal representative shall cause to be filed in the estate proceeding proof of compliance with subsections (1) and (2) of this section. The proof shall include a copy of the form of any notice delivered or mailed, the date on which each notice was delivered or mailed and the name and address of the person to whom each notice was delivered or mailed.

�� (5) The failure of the personal representative to make reasonably diligent efforts to ascertain claims as required by subsection (1) of this section or to cause a notice to be delivered or mailed as required by subsection (2) of this section is a breach of duty to the persons concerned, but does not affect the validity of appointment, duties or powers or the exercise of duties or powers.

�� (6)(a) This section does not apply if the petition for appointment of the personal representative states that no assets of the estate are known to the petitioner and no assets of the estate have come into the possession or knowledge of the personal representative.

�� (b) If the petition for appointment of the personal representative states that no assets of the estate are known to the petitioner and assets of the estate later come into the possession or knowledge of the personal representative, the personal representative shall comply with this section. The three-month period for compliance with subsection (1) of this section begins on the date of filing of the inventory or supplemental inventory first showing assets of the estate. [1989 c.229 �2; 2007 c.284 �12; 2017 c.169 �54; 2019 c.414 �6]

�� 115.004 Recovery for failure to make search or give notice; indemnification; time for commencing action. If, as a result of breach of a duty imposed by ORS 115.003, a claim or any part of a claim is not paid from the estate during administration, the amount of the claim may be recovered as follows:

�� (1) The claimant shall have a cause of action against the personal representative and the surety for the personal representative for the amount the claimant would have been paid from the estate had all claims not barred from payment been presented within the time required by ORS 115.005 (2) and allowed by the personal representative, provided that any payment on account of a judgment entered under subsection (2) of this section shall also satisfy a judgment entered under this subsection in the amount of the payment.

�� (2) The claimant shall have a cause of action against each interested person who received a distribution or other payment from the estate for the amount by which the payment received would have been reduced by payment of the claim from the estate had all claims not barred from payment been presented within the time required by ORS 115.005 (2) and allowed by the personal representative, provided that any payment on account of a judgment entered under subsection (1) of this section shall also satisfy a pro rata portion of each judgment entered under this subsection.

�� (3) Each interested person who received a distribution or other payment from the estate shall indemnify the personal representative and the surety for the personal representative against liability on the claim in the amount by which the payment received would have been reduced by payment of the claim from the estate had all claims not barred from payment been presented within the time required by ORS 115.005 (2) and allowed by the personal representative.

�� (4) Each interested person who received a distribution or other payment from the estate shall indemnify the personal representative and the surety for the personal representative against the reasonable costs, including attorney fees, of defense of the action in the same proportion and to the same extent as such distributee would be required to indemnify against the claim under subsection (3) of this section:

�� (a) If the personal representative prevails against the claimant, in such proportion of the full amount of such costs; or

�� (b) If the claimant prevails against the personal representative, in such proportion of the amount of any such costs which could have been reasonably incurred by the estate upon disallowance of the claim had it been presented within the time required by ORS 115.005 (2).

�� (5) Except as provided in subsection (6) of this section, an action under this section against a personal representative, the surety for a personal representative or an interested person shall be commenced within two years after the death of the decedent or within the statute of limitations applicable to the claim, whichever is earlier.

�� (6) An action for indemnity under subsection (3) or (4) of this section shall be commenced within the time required by subsection (5) of this section, unless:

�� (a) Notice of the action giving rise to the claim for indemnity is given to each party from whom indemnity is sought personally or by mail to the party�s last-known address within 180 days after the complaint in the action is served on the party seeking indemnity; and

�� (b) The action is commenced within one year after a judgment in the action giving rise to the claim for indemnity becomes final and not subject to further appeal. [1989 c.229 �3]

�� 115.005 Presentation of claims; time limitations. (1)(a) Claims against the estate of a decedent, other than claims of the personal representative as a creditor of the decedent, shall be presented to the personal representative. Filing a claim with the court does not constitute presentation to the personal representative. Except as provided in paragraph (b) of this subsection, a claim is presented to the personal representative when the claim is mailed or personally delivered to the personal representative at:

�� (A) The address for the personal representative included in the petition for appointment of the personal representative under ORS 113.035;

�� (B) The address provided for presentation of claims under ORS 115.003; or

�� (C) The address provided for presentation of claims in the published notice under ORS 113.155 or 113.225.

�� (b) In addition to the addresses for the presentation of claims under paragraph (a) of this subsection, the personal representative may authorize creditors to present claims by electronic mail or facsimile communication to a designated electronic mail address or facsimile number. If the personal representative authorizes alternative methods of presentation under this subsection, a claim is presented to the personal representative when it is sent to the electronic mail address or the facsimile number designated by the personal representative for the presentation of claims, unless the sender receives a notice that the electronic mail was not delivered or the facsimile communication was not successful. If the personal representative denies receiving the electronic mail or facsimile communication, the burden of proof is on the creditor to demonstrate that the electronic mail was properly addressed and sent or that the facsimile communication was properly addressed and successfully delivered or transmitted.

�� (2) Except as provided in subsection (3) of this section, a claim is barred from payment from the estate if not presented within the statute of limitations applicable to the claim and before the later of:

�� (a) Four months after the date of publication of notice to interested persons; or

�� (b) If the claim was one with respect to which the personal representative was required to deliver or mail a notice under ORS 115.003 (2), 45 days after a notice meeting the requirements of ORS 115.003 (3) is delivered or mailed to the last-known address of the person asserting the claim.

�� (3) A claim against the estate presented after claims are barred under subsection (2) of this section shall be paid from the estate if the claim:

�� (a) Is presented before the expiration of the statute of limitations applicable to the claim and before the personal representative files the final account;

�� (b) Is presented by a person who did not receive a notice under ORS 115.003 mailed or delivered more than 30 days prior to the date on which the claim is presented and who is not an assignee of a person who received such notice; and

�� (c) Would be allowable but for the time at which the claim is presented.

�� (4) A claim against an estate may be paid under subsection (3) of this section only after payment of all expenses having priority over claims under ORS 115.125 and payment of all previously presented claims.

�� (5) This section does not affect or prevent:

�� (a) Any proceeding to enforce a mortgage, pledge or other lien upon property of the estate, or to quiet title or reform any instrument with respect to title to property; or

�� (b) To the limits of the insurance protection only, any proceeding to establish liability of the decedent or the personal representative for which the decedent or personal representative is protected by liability insurance at the time the proceeding is commenced. [1969 c.591 �141; 1973 c.506 �29; 1989 c.229 �4; 1993 c.214 �1; 2001 c.620 �3; 2003 c.523 �1; 2017 c.169 �27; 2023 c.18 �8]

�� 115.008 Application of time limitations to public bodies. Notwithstanding ORS 12.250, and except as otherwise specifically provided in this chapter, all statutes of limitation and other time limitations imposed under this chapter apply to actions brought in the name of the state, or brought in the name of any county or public corporation, and to actions brought for the benefit of the state or for the benefit of any county or public corporation. [1999 c.675 �3; 2001 c.620 �4]

�� 115.010 [Repealed by 1969 c.591 �305]

�� 115.015 [1969 c.591 �141a; 1973 c.506 �30; repealed by 1989 c.229 �15]

�� 115.020 [Repealed by 1969 c.591 �305]

�� 115.025 Form of claims. Each claim presented shall:

�� (1) Be in writing.

�� (2) Describe the nature and the amount of the claim, if ascertainable.

�� (3) State the names and addresses of the claimant and, if any, the attorney of the claimant. [1969 c.591 �142; 1973 c.506 �31; 2017 c.169 �55]

�� 115.035 Waiver of defect or insufficiency. A defect of form of a claim timely presented may be waived by the personal representative or by the court. [1969 c.591 �143; 1973 c.506 �32]

�� 115.045 Written evidence of claim. When it appears that there is written evidence of a claim that has been presented to the personal representative, the claimant, upon demand by the personal representative, shall produce the evidence or account for its nonproduction. [1969 c.591 �144]

�� 115.055 Claims on debts due. If a claim on a debt due is presented and allowed, allowance shall be in the amount of the debt remaining unpaid on the date of allowance. [1969 c.591 �145]

�� 115.065 Claims on secured debts due. (1) A claim on a debt due for which the creditor holds security may be presented as a claim on an unsecured debt due. A creditor who presents a claim under this subsection does not waive the creditor�s security interest and may recover a deficiency as provided in subsection (5) of this section.

�� (2) If the claim is presented, the claim shall describe the security generally. If the security is an encumbrance that is recorded, it is sufficient to describe the encumbrance by reference to the book and page or document number, date and place of recording or filing.

�� (3) If the claim is presented and allowed, allowance shall be in the amount of the debt remaining unpaid on the date of allowance.

�� (4) If the creditor surrenders the security, payment shall be on the basis of the amount allowed.

�� (5) If the creditor does not surrender the security, payment shall be on the basis of:

�� (a) If the creditor exhausts the security before receiving payment, unless precluded by other law, the amount allowed, less the amount realized on exhausting the security; or

�� (b) If the creditor does not exhaust the security before receiving payment or does not have the right to exhaust the security, the amount allowed, less the value of the security determined by agreement or as the court may order.

�� (6) The personal representative may convey the secured property to the creditor in consideration of the satisfaction or partial satisfaction of the claim. [1969 c.591 �146; 1989 c.229 �5; 2017 c.169 �28]

�� 115.070 Claims on debts reduced to judgments. If a judgment was entered on a claim prior to the death of the decedent but was not a lien against property of the estate on the date of the decedent�s death, the claim shall be presented in the same manner as if no judgment had been entered, and a copy of the judgment shall be attached to the claim. A claim for which a judgment was entered prior to the death of the decedent may be disallowed only if the judgment was void or voidable, or if the judgment could have been set aside on the date of the decedent�s death, or if the claim is not presented within the time required by ORS 115.005. If the judgment was a lien against property of the estate on the date of the decedent�s death it shall be treated as a claim on a debt due for which the creditor holds security under ORS 115.065. In all other respects a claim that has been reduced to judgment shall have the same priority under ORS 115.125 as the claim would have had were it not reduced to judgment. [1989 c.229 �11; 2017 c.169 �29]

�� 115.075 Claims on debts not due. A claim on a debt not due, whether or not the creditor holds security therefor, may be presented as a claim on a debt due. If the claim is allowed, allowance shall be in an amount equal to the value of the debt on the date of allowance. The creditor, after allowance of the claim, may withdraw the claim without prejudice to other remedies. Payment on the basis of the amount allowed discharges the debt and the security, if any, held by the creditor therefor. [1969 c.591 �147]

�� 115.085 Claims on contingent and unliquidated debts. (1) A claim on a contingent or unliquidated debt shall be presented as any other claim.

�� (2) If the debt becomes absolute or liquidated before distribution of the estate, the claim shall be paid in the same manner as a claim on an absolute or liquidated debt.

�� (3) If the debt does not become absolute or liquidated before distribution of the estate, the court shall provide for payment of the claim by any of the following methods:

�� (a) The creditor and personal representative may determine, by agreement, arbitration or compromise, the value of the debt, and upon approval thereof by the court, the claim may be allowed and paid in the same manner as a claim on an absolute or liquidated debt.

�� (b) The court may order the personal representative to make distribution of the estate, but to retain sufficient funds to pay the claim if and when the debt becomes absolute or liquidated. The estate may not be kept open for this purpose more than two years after distribution of the remainder of the estate. If the debt does not become absolute or liquidated within that time, the funds retained, after payment therefrom of any expenses accruing during that time, shall be distributed to the distributees.

�� (c) The court may order the personal representative to make distribution of the estate as though the claim did not exist.

�� (d) If after distribution under paragraph (b) or (c) of this subsection the debt becomes absolute or liquidated, the distributees are liable to the creditor to the extent of the estate received by them. Payment of the debt may be arranged by creating a trust, giving a mortgage, securing a bond from a distributee or by such other method as the court may order. [1969 c.591 �148]

�� 115.095 Compromise of claims. The personal representative may compromise a claim against the estate of a decedent. [1969 c.591 �149]

�� 115.105 Claims of personal representative. A claim of a personal representative shall be filed with the clerk of the court within the time required by law for presentation of claims. Upon application by the personal representative or by any interested person the claim may be considered by the court on the hearing of the final account of the personal representative or prior to the hearing of the final account upon notice to interested persons. [1969 c.591 �150; 1973 c.506 �33; 2017 c.169 �56]

�� 115.110 [Repealed by 1969 c.591 �305]

�� 115.115 Payment of claims. After the day on which all known claims are barred under ORS 115.005 (2), the personal representative, after making provision for support of spouse and children ordered by the court, for expenses of administration and for claims already presented which have not been allowed or allowance of which has been appealed, shall proceed to pay the claims allowed against the estate in the order of priority prescribed by ORS 115.125. After payment of those claims, claims presented and allowed under ORS 115.005 (3) shall be paid in the order in which they are received and to the extent of the remaining assets of the estate. [1969 c.591 �151; 1989 c.229 �6]

�� 115.120 [Repealed by 1969 c.591 �305]

�� 115.125 Order of payment of expenses and claims. (1) If the applicable assets of the estate are insufficient to pay all expenses and claims in full, the personal representative shall make payment in the following order:

�� (a) Support of spouse and children, subject to the limitations imposed by ORS 114.065.

�� (b) Expenses of administration of the estate, and subject to preferences established under federal law, expenses of administration of any protective proceeding in which the decedent was the protected person authorized by the court in the protective proceeding.

�� (c) Expenses of a plain and decent funeral.

�� (d) Debts and taxes with preference under federal law.

�� (e) Reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending the decedent to which the persons are otherwise entitled by law.

�� (f) Taxes with preference under the laws of this state that are due and payable while possession of the estate of the decedent is retained by the personal representative.

�� (g) Debts owed employees of the decedent for labor performed within 90 days immediately preceding the date of death of the decedent.

�� (h) Child support arrearages.

�� (i) The claim of the Department of Veterans� Affairs under ORS 406.100, including a claim the waiver of which was retracted by the Director of Veterans� Affairs under ORS

ORS 117.095

117.095�� Costs, expenses and charges

�� 117.005 Petition for administration of estate of absentee. Administration may be had upon the estate of an absentee. A petition for administration shall state, in addition to the information required by ORS 113.035:

�� (1) Whether the absentee, when last heard from, was a resident or nonresident of this state.

�� (2) The address of the absentee at the last-known domicile of the absentee.

�� (3)(a) That, to the best knowledge of the petitioner and after diligent search, the whereabouts of the absentee is and has been unknown for a period stated of not less than one year, and that the petitioner has reason to believe and believes the absentee is dead;

�� (b) That the death of the absentee at the time, location and in the circumstances stated in the petition is probable, and that the fact of death is in doubt solely by reason of the failure to find or identify the remains of the absentee; or

�� (c) That there is a presumption that the absentee is dead under the provisions of ORS 176.740. [1969 c.591 �203; 2003 c.560 �2]

�� 117.010 [Repealed by 1969 c.591 �305]

�� 117.015 Setting date of hearing on petition; notice of hearing. (1) Upon the filing of a petition under ORS 117.005, the clerk of the court shall set a date for hearing not less than 30 days after the date of filing the petition, unless the court sets an earlier date. A copy of the notice of the hearing shall be sent:

�� (a) To the absentee at the last-known address of the absentee by registered mail or by certified mail with return receipt.

�� (b) By ordinary mail to the devisees and heirs named in the petition.

�� (2) The court may order that additional notice of the hearing be given by publication or by other means. Proof of mailing or other notice shall be made by the petitioner and filed in the proceeding. [1969 c.591 �204; 1973 c.506 �39; 1991 c.249 �15; 2007 c.284 �14]

�� 117.020 [Repealed by 1969 c.591 �305]

�� 117.025 Appointment of person to represent absentee; directing search. The court may appoint some disinterested person as guardian ad litem to appear for the absentee at the hearing on the petition. The court may direct the petitioner or the guardian ad litem to make search for the absentee in any manner the court considers advisable, including any or all of the following methods:

�� (1) By inserting in one or more suitable publications a notice requesting information from any person having knowledge of the whereabouts of the absentee.

�� (2) By notifying officers of justice and public welfare agencies in appropriate locations of the disappearance of the absentee.

�� (3) By engaging the services of an investigation agency. [1969 c.591 �205]

�� 117.030 [Amended by 1959 c.638 �11; repealed by 1969 c.591 �305]

�� 117.035 Hearing on petition. Upon the hearing on the petition the court shall determine whether the absentee has died and if so, the date of death and whether the absentee died testate or intestate. Upon finding that the absentee has died, the court shall grant letters accordingly, or, in the absence of that finding, may deny the petition. An appeal may be taken from the order of the court. [1969 c.591 �206]

�� 117.045 Effect of finding of death. The finding of the court that the absentee has died is conclusive as to the estate of the absentee only if:

�� (1) Notice of the hearing on the petition was given as required by ORS 117.015; and

�� (2) The court finds that diligent search for the absentee was made. [1969 c.591 �207]

�� 117.055 Procedure for administering estate. Upon the entry of the order of the court finding that the absentee has died and granting letters, administration of the estate of the absentee, whether testate or intestate, shall proceed as provided for the estates of other decedents, except as otherwise provided in this chapter. [1969 c.591 �208]

�� 117.065 Revocation of letters; proceedings upon revocation. Upon proof that the absentee is alive, letters theretofore granted shall be revoked. Acts of the personal representative before revocation of letters are as valid as though the letters had not been revoked, but after revocation the personal representative has no further power in the capacity of personal representative except as provided in this section. The personal representative shall pay claims allowed and proved. Within 30 days after letters are revoked under this section, the personal representative must file an account of administration for the period of time before revocation of letters and transfer any property in the possession of the personal representative to the person for whose estate the personal representative acted or to the authorized agent of that person. [1969 c.591 �209; 1999 c.592 �3]

�� 117.075 Rights of absentee. (1) If property of the absentee has been sold by the personal representative, the absentee has no right, title or interest in or to the property sold, but only to the proceeds realized therefrom or so much thereof as may remain in the possession of the personal representative upon the closing of the estate.

�� (2) The absentee, for a period of five years after distribution of the estate, has a right to recover from the distributees any of the estate or proceeds of the estate of the absentee that remain in their possession, but there is no right of recovery from purchasers of property sold by the distributees. [1969 c.591 �210]

�� 117.085 Substitution of parties. After revocation of letters the absentee may be substituted as plaintiff in actions brought by the personal representative. The absentee may be substituted as defendant, upon application by the absentee or application by the plaintiff, in actions brought against the personal representative. [1969 c.591 �211]

�� 117.095 Costs, expenses and charges. The costs, expenses and charges attending the granting of letters and their revocation shall be paid out of the estate of the absentee. If the petition for administration is not granted, the petitioner shall pay the costs, expenses and charges. [1969 c.591 �212]

�� 117.110 [Amended by 1953 c.441 �3; 1955 c.597 �1; 1959 c.652 �21; repealed by 1969 c.591 �305]

�� 117.120 [Repealed by 1969 c.591 �305]

�� 117.130 [Repealed by 1969 c.591 �305]

�� 117.140 [Repealed by 1969 c.591 �305]

�� 117.150 [Repealed by 1969 c.591 �305]

�� 117.160 [Repealed by 1969 c.591 �305]

�� 117.170 [Repealed by 1969 c.591 �305]

�� 117.180 [Repealed by 1969 c.591 �305]

�� 117.310 [Repealed by 1969 c.591 �305]

�� 117.315 [1955 c.183 �2; 1957 c.662 �1; repealed by 1969 c.591 �305]

�� 117.320 [Repealed by 1969 c.591 �305]

�� 117.330 [Repealed by 1969 c.591 �305]

�� 117.340 [Repealed by 1969 c.591 �305]

�� 117.350 [Amended by 1957 c.363 �1; repealed by 1969 c.591 �305]

�� 117.360 [Repealed by 1957 c.363 �2 (117.361 enacted in lieu of 117.360)]

�� 117.361 [1957 c.363 �3 (enacted in lieu of

ORS 12.106

12.106. Discharge of account debtor on controllable account or controllable payment intangible. (1) An account debtor on a controllable account or controllable payment intangible may discharge its obligation by paying:

�� (a) The person having control of the controllable electronic record that evidences the controllable account or controllable payment intangible; or

�� (b) Except as provided in subsection (2) of this section, a person that formerly had control of the controllable electronic record.

�� (2) Subject to subsection (4) of this section, the account debtor may not discharge its obligation by paying a person that formerly had control of the controllable electronic record if the account debtor receives a notification that:

�� (a) Is signed by a person that formerly had control or the person to which control was transferred;

�� (b) Reasonably identifies the controllable account or controllable payment intangible;

�� (c) Notifies the account debtor that control of the controllable electronic record that evidences the controllable account or controllable payment intangible was transferred;

�� (d) Identifies the transferee in any reasonable way, including by name, identifying number, cryptographic key, office or account number; and

�� (e) Provides a commercially reasonable method by which the account debtor is to pay the transferee.

�� (3) After receipt of a notification that complies with subsection (2) of this section, the account debtor may discharge its obligation by paying in accordance with the notification and may not discharge the obligation by paying a person that formerly had control.

�� (4) Subject to subsection (8) of this section, notification is ineffective under subsection (2) of this section:

�� (a) Unless, before the notification is sent, the account debtor and the person that, at that time, had control of the controllable electronic record that evidences the controllable account or controllable payment intangible agree in a signed record to a commercially reasonable method by which a person may furnish reasonable proof that control has been transferred;

�� (b) To the extent an agreement between the account debtor and seller of a payment intangible limits the account debtor�s duty to pay a person other than the seller and the limitation is effective under law other than ORS 80.1010 to 80.1070; or

�� (c) At the option of the account debtor, if the notification notifies the account debtor to:

�� (A) Divide a payment;

�� (B) Make less than the full amount of an installment or other periodic payment; or

�� (C) Pay any part of a payment by more than one method or to more than one person.

�� (5) Subject to subsection (8) of this section, if requested by the account debtor, the person giving the notification under subsection (2) of this section seasonably shall furnish reasonable proof, using the method in the agreement referred to in subsection (4)(a) of this section, that control of the controllable electronic record has been transferred. Unless the person complies with the request, the account debtor may discharge its obligation by paying a person that formerly had control, even if the account debtor has received a notification under subsection (2) of this section.

�� (6) A person furnishes reasonable proof under subsection (5) of this section that control has been transferred if the person demonstrates, using the method in the agreement referred to in subsection (4)(a) of this section, that the transferee has the power to:

�� (a) Avail itself of substantially all the benefit from the controllable electronic record;

�� (b) Prevent others from availing themselves of substantially all the benefit from the controllable electronic record; and

�� (c) Transfer the powers specified in paragraphs (a) and (b) of this subsection to another person.

�� (7) Subject to subsection (8) of this section, an account debtor may not waive or vary its rights under subsections (2)(a) and (5) of this section or its option under subsection (4)(c) of this section.

�� (8) This section is subject to law other than ORS 80.1010 to 80.1070 that establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family or household purposes. [2025 c.33 �99]

�� 80.1070 UCC

ORS 12.190

12.190 apply to such actions.

�� (4) Failure to give notice as required by this section bars a claim for injuries or wrongful death unless:

�� (a) The ski area operator had knowledge of the injury or death within the 180-day period after its occurrence;

�� (b) The skier or skier�s beneficiaries had good cause for failure to give notice as required by this section; or

�� (c) The ski area operator failed to comply with subsection (5) of this section.

�� (5) Ski area operators shall give to skiers, in a manner reasonably calculated to inform, notice of the requirements for notifying a ski area operator of injury and the effect of a failure to provide such notice under this section. [1979 c.665 �3]

�� 30.985 Duties of skiers; effect of failure to comply. (1) Skiers shall have duties which include but are not limited to the following:

�� (a) Skiers who ski in any area not designated for skiing within the permit area assume the inherent risks thereof.

�� (b) Skiers shall be the sole judges of the limits of their skills and their ability to meet and overcome the inherent risks of skiing and shall maintain reasonable control of speed and course.

�� (c) Skiers shall abide by the directions and instructions of the ski area operator.

�� (d) Skiers shall familiarize themselves with posted information on location and degree of difficulty of trails and slopes to the extent reasonably possible before skiing on any slope or trail.

�� (e) Skiers shall not cross the uphill track of any surface lift except at points clearly designated by the ski area operator.

�� (f) Skiers shall not overtake any other skier except in such a manner as to avoid contact and shall grant the right of way to the overtaken skier.

�� (g) Skiers shall yield to other skiers when entering a trail or starting downhill.

�� (h) Skiers must wear retention straps or other devices to prevent runaway skis.

�� (i) Skiers shall not board rope tows, wire rope tows, j-bars, t-bars, ski lifts or other similar devices unless they have sufficient ability to use the devices, and skiers shall follow any written or verbal instructions that are given regarding the devices.

�� (j) Skiers, when involved in a skiing accident, shall not depart from the ski area without leaving their names and addresses if reasonably possible.

�� (k) A skier who is injured should, if reasonably possible, give notice of the injury to the ski area operator before leaving the ski area.

�� (L) Skiers shall not embark or disembark from a ski lift except at designated areas or by the authority of the ski area operator.

�� (2) Violation of any of the duties of skiers set forth in subsection (1) of this section entitles the ski area operator to withdraw the violator�s privilege of skiing. [1979 c.665 �4]

�� 30.990 Operators required to give skiers notice of duties. Ski area operators shall give notice to skiers of their duties under ORS 30.985 in a manner reasonably calculated to inform skiers of those duties. [1979 c.665 �5]

ACTIONS AGAINST SCHOOLS RELATED TO COVID-19

(Temporary provisions relating to actions against schools related to COVID-19)

�� Note: Sections 1, 2, 3 and 6 (1), chapter 4, Oregon Laws 2020 (third special session), provide:

�� Sec. 1. Definitions. As used in sections 1 to 3 of this 2020 third special session Act:

�� (1) �COVID-19 emergency rule� means an executive order, order of the Superintendent of Public Instruction, declaration, directive or other state or federal authorization, policy, statement, guidance, rule or regulation that creates a standard or waives, suspends or modifies otherwise applicable state or federal law, regulations or standards regarding the rendering of education services.

�� (2) �Education program� means programs or activities operated on school property and any school program or activity operated on or off school property.

�� (3) �School� means a common school district, a union high school district, an education service district, a public charter school, a private school providing instruction to any grade from kindergarten through grade 12 or a community college district. [2020 s.s.3 c.4 �1] Sec. 2. Limitation of liability. (1) A person may not bring a claim for damages related to COVID-19 infection suffered as a result of acts or omissions performed by a school:

�� (a) In the course of operating an education program; and

�� (b) When the school is operating in compliance with COVID-19 emergency rules in effect at the time of the act or omission.

�� (2) A person engaged in activities on school property that are not operated by a school may not bring a claim against the school for damages related to COVID-19 infection.

�� (3) The immunity provided by this section does not apply to reckless, wanton or intentional misconduct.

�� (4) This section does not limit any other cause of action or remedy available to an injured party, including but not limited to the following claims:

�� (a) Claims subject to ORS chapter 654;

�� (b) Claims subject to ORS chapter 656;

�� (c) Claims under state and federal leave and wage and hour laws and state and federal laws prohibiting discrimination and retaliation; and

�� (d) Claims under state and federal specialized instruction laws. [2020 s.s.3 c.4 �2]

�� Sec. 3. Motion to strike. (1) A school may move at any time to strike a claim in a civil action that is barred by section 2 of this 2020 third special session Act. A motion to strike under this section shall be treated as a motion to dismiss under ORCP 21 A but is not subject to ORCP 21 F. Upon granting a motion under this section, the court shall enter a judgment of dismissal without prejudice. If the court denies a motion under this section, the court shall enter a limited judgment denying the motion.

�� (2)(a) A school that moves to strike a claim under this section has the initial burden of making a prima facie showing that the claim is barred under section 2 of this 2020 third special session Act.

�� (b) If the school meets the burden under paragraph (a) of this subsection, the burden shifts to the plaintiff in the action to establish that a genuine issue of material fact exists that the claim is not barred under section 2 of this 2020 third special session Act. If the plaintiff meets the burden under this paragraph, the court shall deny the motion.

�� (c) The court shall consider only the pleadings and supporting and opposing affidavits in determining whether a genuine issue of material fact exists. If the court determines that a genuine issue of material fact exists:

�� (A) The fact that the determination has been made and the substance of the determination may not be admitted in evidence at any later stage of the case; and

�� (B) The determination does not affect the burden of proof or standard of proof that is applied in the proceeding. [2020 s.s.3 c.4 �3]

�� Sec. 6. Applicability. (1) Sections 1 to 3 of this 2020 third special session Act apply to claims arising during the period in which any declaration of a state of emergency related to COVID-19 and issued by the Governor on March 8, 2020, and any extension of the declaration, is in effect. [2020 s.s.3 c.4 �6(1)]

ORS 124.015

124.015, 124.020, 163.738 or 419B.845 or an order entered in a criminal action.

�� (2)(a) A petition seeking relief under ORS 163.760 to 163.777 must be filed in the circuit court for the county in which the petitioner or the respondent resides or in which the abuse occurred. The petition may be filed, without the appointment of a guardian ad litem, by a person who is at least 12 years of age or by a parent or lawful guardian of a person who is under 18 years of age.

�� (b) The petition must allege that:

�� (A) The petitioner reasonably fears for the petitioner�s physical safety with respect to the respondent; and

�� (B) The respondent subjected the petitioner to sexual abuse.

�� (c) The petition must include allegations made under oath or affirmation or a declaration under penalty of perjury.

�� (d) The petitioner has the burden of proving a claim under ORS 163.760 to 163.777 by a preponderance of the evidence. [2013 c.687 �2; 2015 c.121 �22; 2019 c.353 �1; 2024 c.42 �3]

�� Note: See note under 163.760.

�� 163.765 Restraining order; service of order; request for hearing; duration of order. (1) When a petition is filed in accordance with ORS 163.763, the circuit court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day. Upon a finding that it is objectively reasonable for a person in the petitioner�s situation to fear for the person�s physical safety if an order granting relief under ORS 163.760 to 163.777 is not entered and that the respondent has subjected the petitioner to sexual abuse, the circuit court:

�� (a) Shall enter an order restraining the respondent from contacting the petitioner and from intimidating, molesting, interfering with or menacing the petitioner, or attempting to intimidate, molest, interfere with or menace the petitioner.

�� (b) If the petitioner requests, may order:

�� (A) That the respondent be restrained from contacting the petitioner�s children or family or household members;

�� (B) That the respondent be restrained from entering, or attempting to enter, a reasonable area surrounding the petitioner�s residence;

�� (C) That the respondent be restrained from intimidating, molesting, interfering with or menacing any children or family or household members of the petitioner, or attempting to intimidate, molest, interfere with or menace any children or family or household members of the petitioner;

�� (D) That the respondent be restrained from entering, or attempting to enter, any premises and a reasonable area surrounding the premises when necessary to prevent the respondent from intimidating, molesting, interfering with or menacing the petitioner or the petitioner�s children or family or household members; and

�� (E) Other relief necessary to provide for the safety and welfare of the petitioner or the petitioner�s children or family or household members.

�� (2) If the respondent is restrained from entering or attempting to enter an area surrounding the petitioner�s residence or any other premises, the restraining order must specifically describe the area or premises.

�� (3) When the circuit court enters a restraining order under this section, the court shall set a security amount for the violation of the order.

�� (4) If the circuit court enters a restraining order under subsection (1) of this section:

�� (a) The clerk of the court shall provide, without charge, the number of certified true copies of the petition and the restraining order necessary to provide the petitioner with one copy and to effect service and shall have a true copy of the petition and the restraining order delivered to the county sheriff for service upon the respondent, unless the circuit court finds that further service is unnecessary because the respondent appeared in person before the court. In addition and upon request by the petitioner, the clerk of the court shall provide the petitioner, without charge, two exemplified copies of the petition and the restraining order.

�� (b) The county sheriff shall serve the respondent personally unless the petitioner elects to have the respondent served personally by another party. Proof of service shall be made in accordance with ORS 163.773. When the restraining order does not contain the respondent�s date of birth and service is effected by the sheriff, the sheriff shall verify the respondent�s date of birth with the respondent and shall record that date on the restraining order or proof of service entered into the Law Enforcement Data System under ORS 163.773.

�� (5)(a) If the county sheriff:

�� (A) Determines that the restraining order and petition are incomplete, the sheriff shall return the restraining order and petition to the clerk of the court. The clerk of the court shall notify the petitioner, at the address provided by the petitioner, of the error or omission.

�� (B) Cannot complete service within 10 days after accepting the restraining order and petition, the sheriff shall notify the petitioner, at the address provided by the petitioner, that the documents have not been served. If the petitioner does not respond within 10 days, the sheriff shall hold the restraining order and petition for future service and file a return to the clerk of the court showing that service was not completed.

�� (b) If a petitioner receives notice of incomplete service under paragraph (a)(B) of this subsection and cannot effect service on the respondent within 30 days after the granting or renewal of the restraining order, the circuit court may order service by an alternative method in accordance with ORCP 7 D(6) on proof of the petitioner�s due diligence in attempting to effect service. If appropriate, the court may order the use of a summons to effect service. The summons must include notice of where the respondent may obtain a complete copy of the order.

�� (6)(a) Within 30 days after a restraining order is served under this section, the respondent may request a circuit court hearing upon any relief granted.

�� (b) If the respondent requests a hearing under paragraph (a) of this subsection, the clerk of the court shall notify the petitioner of the date and time of the hearing and shall supply the petitioner with a copy of the respondent�s request for a hearing. The petitioner shall give the clerk of the court information sufficient to allow such notification.

�� (7) If the respondent fails to request a hearing within 30 days after a restraining order is served, the restraining order is confirmed by operation of law.

�� (8)(a) A restraining order entered under this section is effective for a period of five years or, if the petitioner is under 18 years of age at the time of entry, until January 1 of the year following the petitioner�s 18th birthday, whichever occurs later, except as otherwise provided in paragraph (b) or (c) of this subsection or unless the restraining order is renewed, modified or terminated in accordance with ORS 163.760 to 163.777.

�� (b) The circuit court shall enter a permanent restraining order if, at the time of the petition or renewal of the order, the respondent has been convicted of a crime described in ORS 163.355 to 163.445 committed against the petitioner.

�� (c) The circuit court may enter a permanent restraining order if the court finds that it is objectively reasonable for a person in the petitioner�s situation to fear for the person�s physical safety and that the passage of time or a change in circumstances would not dissipate that fear. In making the finding, the court shall consider any information offered by the petitioner to support the request for a permanent restraining order, including but not limited to:

�� (A) Information that the respondent has a history of engaging in sexual abuse or domestic violence as defined in ORS 135.230;

�� (B) If the petitioner is a minor, the fact that the respondent is related to the petitioner by blood or marriage; or

�� (C) Any vulnerability of the petitioner that is not likely to change over time. [2013 c.687 �3; 2019 c.353 �2; 2021 c.496 ��1,2]

�� Note: See note under 163.760.

�� 163.767 Hearing; order; certificate of compliance; consent agreement. (1) If the respondent requests a hearing under ORS 163.765 (6), the circuit court shall hold the hearing within 21 days after the request. At the hearing, the circuit court may terminate or modify the restraining order issued under ORS 163.765.

�� (2)(a) If service of a notice of hearing is inadequate to provide a party with sufficient notice of the hearing, the circuit court may extend the date of the hearing for up to five days so that the party may seek representation.

�� (b) If one party is represented by an attorney at the hearing, the circuit court may extend the date of the hearing for up to five days at the other party�s request so that the other party may seek representation.

�� (3) If the circuit court continues the restraining order issued under ORS 163.765, with or without modification, at a hearing about which the respondent received actual notice and the opportunity to be heard, the court shall include in the restraining order a certificate in substantially the following form in a separate section immediately above the signature of the judge:

CERTIFICATE OF COMPLIANCE

WITH THE VIOLENCE

AGAINST WOMEN ACT OF 1994

This protective order meets all full faith and credit requirements of the Violence Against Women Act of 1994, 18 U.S.C. 2265. This court has jurisdiction over the parties and the subject matter. The respondent was afforded notice and timely opportunity to be heard as provided by the law of this jurisdiction. This protective order is valid and entitled to enforcement in this and all other jurisdictions.

�� (4) The circuit court may approve a consent agreement if the court determines that the agreement provides sufficient protections to the petitioner. The circuit court may not approve a term in a consent agreement that provides for restraint of a party to the agreement unless the other party petitioned for and was granted a restraining order issued under ORS 163.765.

�� (5) A restraining order entered under this section, or a consent agreement entered into under this section, shall continue for a period of five years from the date of the restraining order issued under ORS 163.765 or, if the petitioner is under 18 years of age at the time of issuance, until the petitioner attains 19 years of age, whichever occurs later, unless the court enters a permanent order under ORS 163.765 (8) or the restraining order is renewed, modified or terminated in accordance with ORS 163.775. [2013 c.687 �4; 2019 c.353 �3]

�� Note: See note under 163.760.

�� 163.770 Appearance by telephone or electronic communication device. (1) A party may file a motion under ORS 45.400 requesting that the circuit court allow the appearance of the party or a witness by telephone or by other two-way electronic communication device in a proceeding under ORS 163.760 to 163.777.

�� (2) In determining whether notice is given sufficiently in advance of the proceeding under ORS

ORS 124.140

124.140:

�� (a) �Elderly person� means a person 65 years of age or older.

�� (b) �Financially incapable� has the meaning given that term in ORS 125.005.

�� (c) �Incapacitated� has the meaning given that term in ORS 125.005.

�� (d) �Person with a disability� means a person with a physical or mental impairment that:

�� (A) Is likely to continue without substantial improvement for no fewer than 12 months or to result in death; and

�� (B) Prevents performance of substantially all the ordinary duties of occupations in which an individual not having the physical or mental impairment is capable of engaging, having due regard to the training, experience and circumstances of the person with the physical or mental impairment.

�� (e) �Vulnerable person� means:

�� (A) An elderly person;

�� (B) A financially incapable person;

�� (C) An incapacitated person; or

�� (D) A person with a disability who is susceptible to force, threat, duress, coercion, persuasion or physical or emotional injury because of the person�s physical or mental impairment.

�� (2) A vulnerable person who suffers injury, damage or death by reason of physical abuse or financial abuse may bring an action against any person who has caused the physical or financial abuse or who has permitted another person to engage in physical or financial abuse. The court shall award the following to a plaintiff who prevails in an action under this section:

�� (a) An amount equal to three times all economic damages, as defined in ORS 31.705, resulting from the physical or financial abuse, or $500, whichever amount is greater.

�� (b) An amount equal to three times all noneconomic damages, as defined in ORS 31.705, resulting from the physical or financial abuse.

�� (c) Reasonable attorney fees incurred by the plaintiff.

�� (d) Reasonable fees for the services of a conservator or guardian ad litem incurred by reason of the litigation of a claim brought under this section.

�� (3) An action may be brought under this section only by:

�� (a) A vulnerable person;

�� (b) A guardian, conservator or attorney-in-fact for a vulnerable person;

�� (c) A personal representative for the estate of a decedent who was a vulnerable person at the time the cause of action arose; or

�� (d) A trustee for a trust on behalf of the trustor or the spouse of the trustor who is a vulnerable person.

�� (4) An action may be brought under this section only for physical abuse described in ORS 124.105 or for financial abuse described in ORS 124.110.

�� (5) An action may be brought under this section against a person for permitting another person to engage in physical or financial abuse if the person knowingly acts or fails to act under circumstances in which a reasonable person should have known of the physical or financial abuse.

�� (6) A person commencing an action under this section shall mail a copy of the complaint or other initial pleading to the Attorney General at the time the action commences. Failure to mail a copy of the complaint or pleading is not a jurisdictional defect and may be cured at any time prior to entry of judgment. A court may not enter judgment for the plaintiff until proof of mailing is filed with the court. Proof of mailing may be by declaration or by return receipt of mailing. [1995 c.671 �1; 1997 c.249 �41; 1999 c.305 �1; 2001 c.843 �3; 2003 c.211 �1; 2005 c.87 �1; 2005 c.386 �1a; 2007 c.70 �30; 2015 c.568 ��2,5; 2019 c.345 �1; 2021 c.478 �8]

�� 124.105 Physical abuse subject to action. (1) An action may be brought under ORS 124.100 for physical abuse if the defendant engaged in conduct against a vulnerable person that would constitute any of the following:

�� (a) Assault, under the provisions of ORS 163.160, 163.165, 163.175 and 163.185.

�� (b) Menacing, under the provisions of ORS 163.190.

�� (c) Recklessly endangering another person, under the provisions of ORS 163.195.

�� (d) Criminal mistreatment, under the provisions of ORS 163.200 and 163.205.

�� (e) Rape, under the provisions of ORS 163.355, 163.365 and 163.375.

�� (f) Sodomy, under the provisions of ORS 163.385, 163.395 and 163.405.

�� (g) Unlawful sexual penetration, under the provisions of ORS 163.408 and 163.411.

�� (h) Sexual abuse, under the provisions of ORS 163.415, 163.425 and 163.427.

�� (i) Strangulation, under ORS 163.187.

�� (2) An action may be brought under ORS 124.100 for physical abuse if the defendant used any unreasonable physical constraint on the vulnerable person or subjected the vulnerable person to prolonged or continued deprivation of food or water.

�� (3) An action may be brought under ORS 124.100 for physical abuse if the defendant used a physical or chemical restraint, or psychotropic medication on the vulnerable person without an order from a physician or naturopathic physician licensed in the State of Oregon or under any of the following conditions:

�� (a) For the purpose of punishing the vulnerable person.

�� (b) For any purpose not consistent with the purposes authorized by a physician or naturopathic physician.

�� (c) For a period significantly beyond that for which the restraint or medication was authorized by a physician or naturopathic physician. [1995 c.671 �2; 2003 c.577 �4; 2005 c.386 �2; 2017 c.356 �9]

�� 124.110 Financial abuse subject to action. (1) An action may be brought under ORS 124.100 for financial abuse in the following circumstances:

�� (a) When a person wrongfully takes or appropriates money or property of a vulnerable person, without regard to whether the person taking or appropriating the money or property has a fiduciary relationship with the vulnerable person.

�� (b) When a vulnerable person requests that another person transfer to the vulnerable person any money or property that the other person holds or controls and that belongs to or is held in express trust, constructive trust or resulting trust for the vulnerable person, and the other person, without good cause, either continues to hold the money or property or fails to take reasonable steps to make the money or property readily available to the vulnerable person when:

�� (A) The ownership or control of the money or property was acquired in whole or in part by the other person or someone acting in concert with the other person from the vulnerable person; and

�� (B) The other person acts in bad faith, or knew or should have known of the right of the vulnerable person to have the money or property transferred as requested or otherwise made available to the vulnerable person.

�� (c) When a person has at any time engaged in conduct constituting a violation of a restraining order regarding sweepstakes that was issued under ORS 124.020.

�� (2) A transfer of money or property that is made for the purpose of qualifying a vulnerable person for Medicaid benefits or for any other state or federal assistance program, or the holding and exercise of control over money or property after such a transfer, does not constitute a wrongful taking or appropriation under subsection (1)(a) of this section or the holding of money or property without good cause for the purposes of subsection (1)(b) of this section. [1995 c.671 �3; 1999 c.305 �2; 1999 c.875 �8; 2005 c.386 �3]

�� 124.115 Persons not subject to action. (1) Except as provided by subsection (2) of this section, an action under ORS

ORS 125.025

125.025 or 419B.400 or ORS chapter 110; and

�� (b) Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.503, involving the child, other than the support obligation the entity seeks to modify.

�� (3) The entity providing child support services shall include with the document initiating the proceeding a certificate regarding any pending support proceeding and any existing support order other than the support obligation the entity seeks to modify. The entity providing child support services shall use a certificate that is in a form prescribed by the administrator and must include information required by the administrator and subsection (2) of this section.

�� (4) The administrator, court or administrative law judge may use the provisions of subsection (1) of this section when a support order was entered in another state and registered in Oregon, the provisions of ORS chapter 110 apply and more than three years have elapsed, or such shorter cycle as determined by rule of the department.

�� (5) Notwithstanding the provisions of this section, proceedings may be initiated at any time to modify a support obligation based upon a substantial change of circumstances under any other provision of law.

�� (6) The obligee is a party to any action to modify a support obligation under this section. [1991 c.519 �3; 1993 c.33 �369; 1993 c.596 �7 (enacted in lieu of 25.285 in 1993); 1995 c.608 �31; 1999 c.80 �64; 1999 c.735 �1; 2001 c.455 ��7,8; 2003 c.75 �24; 2003 c.116 ��1,2; 2003 c.576 ��183,184; 2005 c.560 �4; 2007 c.71 �9; 2007 c.878 �4; 2015 c.298 �86; 2019 c.13 �15; 2019 c.291 �9; 2021 c.500 �3; 2021 c.597 �51; 2025 c.99 �23]

�� 25.290 Determining disposable income of obligor; offsets; rules. (1) In determining the disposable income of an obligor, the obligor may claim offsets against gross receipts for ordinary and necessary business expenses and taxes directly related to the income withheld. The obligor has the burden of proof and must furnish documentation to support any offsets claimed.

�� (2) The Department of Justice may adopt rules governing the determination of the income subject to withholding that remains after application of offsets. Withholding actions in a case that is not receiving child support services under ORS 25.080 may be appealed to the circuit court. [1995 c.608 �1b; 2003 c.73 �27; 2025 c.99 �24]

�� 25.310 [1985 c.671 �4; 1989 c.812 �4; 1991 c.362 �2; repealed by 1993 c.798 �21]

�� 25.311 [1993 c.798 �5; 1995 c.608 �32; 1999 c.80 �2; 1999 c.735 �8; 1999 c.849 ��38,39; renumbered 25.378 in 1999]

�� 25.313 [1993 c.798 �3; renumbered 25.393 in 1999]

�� 25.314 [1993 c.798 �6; 1995 c.272 �6; 1997 c.704 �26; 1999 c.80 �3; renumbered 25.402 in 1999]

�� 25.315 [1993 c.798 �7; 1999 c.80 �4; renumbered 25.399 in 1999]

�� 25.316 [1993 c.798 �8; 1999 c.80 �5; 1999 c.735 �12; renumbered 25.405 in 1999]

�� 25.317 [1993 c.798 �9; 1999 c.735 �11; renumbered 25.396 in 1999]

�� 25.318 [1993 c.798 �10; renumbered 25.390 in 1999]

�� 25.320 [1985 c.671 �5; 1997 c.704 �27; renumbered 25.164 in 1999]

MEDICAL SUPPORT

�� 25.321 Definitions for ORS 25.321 to 25.343. As used in ORS 25.321 to 25.343:

�� (1) �Cash medical support� means an amount that a parent is ordered to pay to defray the cost of health care coverage provided for a child by the other parent or a public body, or to defray uninsured medical expenses of the child.

�� (2) �Child support order� means a judgment or administrative order that creates child support rights and that is entered or issued under ORS 419B.400 or this chapter or ORS chapter 107, 108, 109 or 110.

�� (3) �Employee health benefit plan� means a health benefit plan that is available to a providing party by reason of the providing party�s employment.

�� (4) �Enforcing agency� means the administrator.

�� (5) �Health benefit plan� means any policy or contract of insurance, indemnity, subscription or membership issued by an insurer, including health care coverage provided by a public body, and any self-insured employee benefit plan that provides coverage for medical expenses.

�� (6) �Health care coverage� means providing and paying for the medical needs of a child through a policy or contract of insurance, indemnity, subscription or membership issued by an insurer, including medical assistance provided by a public body, and any self-insured employee benefit plan that provides coverage for medical expenses.

�� (7) �Medical support� means cash medical support and health care coverage.

�� (8) �Medical support clause� means a provision in a child support order that requires one or both of the parents to provide medical support for the child.

�� (9) �Medical support notice� means a notice in the form prescribed under ORS 25.325 (5).

�� (10) �Plan administrator� means:

�� (a) The employer, union or other provider that offers a health benefit plan; or

�� (b) The person to whom, under a written agreement of the parties, the duty of plan administrator is delegated by the employer, union or other provider that offers a health benefit plan.

�� (11) �Providing party� means a party to a child support order who has been ordered by the court or the enforcing agency to provide medical support.

�� (12) �Public body� has the meaning given that term in ORS 174.109. [2003 c.637 �2; 2007 c.878 �5; 2009 c.351 �1; 2011 c.318 �13; 2017 c.467 �2; 2021 c.597 �52; 2025 c.99 �55]

�� 25.323 Medical support. (1) Every child support order must include a medical support clause.

�� (2) Whenever a child support order that does not include a medical support clause is modified the modification must include a medical support clause.

�� (3) A medical support clause may require that medical support be provided in more than one form, and may make the requirement that medical support be provided in a particular form contingent on the availability of another form of medical support.

�� (4) A medical support clause must require that one or both parents provide health care coverage for a child that is appropriate and available at the time the order is entered. If health care coverage for a child is not appropriate and available at the time the order is entered, the order must:

�� (a) Require that one or both parents provide health care coverage for the child at any time thereafter when such coverage becomes available; and

�� (b) Either require the payment of cash medical support, or include findings on why cash medical support has not been required.

�� (5) For the purposes of subsection (4) of this section, health care coverage is appropriate and available for a child if the coverage:

�� (a) Is accessible, as described in subsection (6) of this section;

�� (b) Is reasonable in cost and does not require the payment of unreasonable deductibles or copayments; and

�� (c) Provides coverage, at a minimum, for medical expenses, hospital expenses, preventive care, emergency care, acute care and chronic care.

�� (6) Health care coverage is accessible for the purposes of subsection (5)(a) of this section if:

�� (a) The coverage will be available for at least one year, based on the work history of the parent providing the coverage; and

�� (b) The coverage either does not have service area limitations or the child lives within 30 miles or 30 minutes of a primary care provider who is eligible for payment under the coverage.

�� (7) A medical support clause may not order a providing party to pay cash medical support or to pay to provide health care coverage if the providing party�s income is equal to or less than the Oregon minimum wage for full-time employment.

�� (8) Cash medical support and the cost of other medical support ordered under a medical support clause constitute a child support obligation and must be included in the child support calculation made under ORS 25.275. [2003 c.637 �3; 2007 c.878 �6; 2009 c.351 �2; 2009 c.595 �55; 2011 c.318 �6; 2017 c.467 �1]

�� 25.325 Enforcing medical support; form of notice; rules. (1) When a child support order with a medical support clause is entered, the court or the enforcing agency may issue a qualified medical child support order as provided in section 609 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1169). The qualified medical child support order shall direct the providing party�s employer, or the plan administrator for the providing party�s employee health care coverage, to enroll the providing party�s child in the employee health benefit plan and direct the providing party�s employer to withhold any required premium from the providing party�s compensation.

�� (2) When a child support order with a medical support clause is entered and child support services are being provided under ORS 25.080, the enforcing agency shall, when appropriate, issue a medical support notice to the providing party�s employer within two business days after receiving information under ORS 25.790 that the employer has hired or rehired the providing party.

�� (3) If a child support order with a medical support clause is in effect or is being sought:

�� (a) The providing party�s employer or the plan administrator for the providing party�s employee health care coverage shall release to the enforcing agency, upon request, the name and address of the health benefit plan that provides the coverage and the plan administrator; and

�� (b) The plan administrator shall release to the obligee or the enforcing agency, upon request, information about health care coverage for dependents under the employee health benefit plan.

�� (4) If a qualified medical child support order or a medical support notice has been served on the providing party�s employer, the order or notice is binding on the employer and the plan administrator for the providing party�s employee health benefit plan to the extent that the child is eligible to be enrolled in the health benefit plan under the applicable terms and conditions of the plan and the standard enrollment guidelines as described in ORS 743B.470. Enrollment of the child shall be allowed at any time, notwithstanding any enrollment season restrictions.

�� (5) The Department of Justice, by rule, shall prescribe the form of a medical support notice for the purposes of ORS 25.321 to 25.343. In prescribing the form, the department shall consider all relevant federal law relating to medical support notices. [2003 c.637 �4; 2007 c.878 �7; 2009 c.351 �3; 2025 c.99 �25]

�� 25.327 Service of medical support notice. (1) The enforcing agency shall serve the medical support notice on the providing party�s employer as a withholder. The notice may be served upon the withholder or the withholder�s registered agent, corporate officer, bookkeeper, accountant, person responsible for payroll or local office manager by:

�� (a) Personal service;

�� (b) Any type of mail that is calculated to give actual notice and is addressed to one of the persons listed in this subsection; or

�� (c) Electronic means if the employer has the ability to receive the medical support notice in that manner.

�� (2) Service of a medical support notice constitutes receipt of a medical child support order.

�� (3) The enforcing agency shall, as provided in ORS 25.333, notify the parties that the medical support notice has been served on the providing party�s employer. [2003 c.637 �5; 2007 c.878 �8]

�� 25.329 Actions required after service of medical support notice; rules. When the enforcing agency serves a medical support notice on an employer:

�� (1) The employer shall comply with the provisions in the medical support notice;

�� (2) The plan administrator and the employer shall treat the medical support notice as an application by the enforcing agency for health care coverage for the named child under the health benefit plan to the extent an application is required by the plan;

�� (3) If the providing party named in the medical support notice is not an employee of the employer, or if a health benefit plan is not offered or available to the providing party, the employer shall notify the enforcing agency within 20 business days after the date of the medical support notice;

�� (4) If a health benefit plan is offered or available to the providing party, the employer shall send the plan administrator�s portion of the notice to each appropriate plan administrator within 20 business days after the date of the medical support notice;

�� (5) Within 40 business days after the date of the medical support notice, the plan administrator shall do all of the following as directed by the notice:

�� (a) Complete the appropriate portion of the notice and return the portion to the enforcing agency;

�� (b) If the child is or will be enrolled, notify the parties and furnish the obligee with the information necessary to effectuate coverage and submit claims for benefits;

�� (c) If the child has been or will be enrolled, provide the enforcing agency with the type of health benefit plan under which the child has been or will be enrolled, including whether dental, optical, office visits and prescription drugs are covered services;

�� (d) If more than one health benefit plan is available to the providing party and the providing party is not enrolled, forward the health benefit plan descriptions and documents to the enforcing agency;

�� (e) If the providing party is subject to a waiting period that expires more than 90 days after the date of receipt of the medical support notice by the plan administrator or if the providing party has not completed a waiting period that is measured in a manner other than the passage of time, notify the employer, the enforcing agency and the parties; and

�� (f) Upon completion of the enrollment, notify the employer of the enrollment;

�� (6) If the plan administrator notifies the employer that the providing party is subject to a waiting period that expires more than 90 days after the date of receipt of the medical support notice by the plan administrator or that the providing party is subject to a waiting period that is measured in a manner other than the passage of time, the employer shall, when the providing party becomes eligible to enroll in the plan, notify the plan administrator that the medical support notice requires that the child named in the notice be enrolled in the plan; and

�� (7) The plan administrator shall enroll the child and, if necessary to the enrollment of the child, enroll the providing party in the plan as provided by rules adopted by the Department of Justice. [2003 c.637 �6; 2007 c.878 �9]

�� 25.330 [1985 c.671 �6; 1991 c.588 �1; 1995 c.609 �5; 1997 c.704 �28; renumbered 25.167 in 1999]

�� 25.331 Obligation to withhold. (1) Upon notification from the plan administrator that the child is enrolled in the health benefit plan, the employer shall withhold from the providing party�s compensation the providing party�s share, if any, of premiums for the health benefit plan. The employer shall forward the amount withheld as required by the health benefit plan.

�� (2) The withholding required by a qualified medical child support order or a medical support notice is a continuing obligation. The qualified medical child support order or medical support notice and the withholding remain in effect and are binding upon the employer until further notice from the court or the enforcing agency.

�� (3)(a) An amount withheld by an employer in compliance with a withholding order issued for monetary support and a qualified medical child support order or medical support notice may not exceed 50 percent of the providing party�s net disposable income.

�� (b) Notwithstanding paragraph (a) of this subsection, upon the motion of a party and after a hearing, the court may order the withholding of more than 50 percent of the providing party�s net disposable income. However, the amount withheld may not exceed the amount allowed under section 303(b) of the federal Consumer Credit Protection Act (15 U.S.C. 1673(b)).

�� (4) If a providing party�s compensation drops to a level at which withholding under this section exceeds the amount allowed under subsection (3) of this section, the employer shall stop the withholding and send the court or the enforcing agency, as the case may be, a written notice within 15 days of stopping the withholding. The notice shall include the providing party�s name, address and Social Security number and the date the employer stopped withholding under this section.

�� (5) An employer is not subject to civil liability to an individual or agency for conduct or actions in compliance with a medical support notice if the employer:

�� (a) Is served with a medical support notice under ORS 25.327 that is regular on its face; and

�� (b) Complies with the provisions of the medical support notice if the notice appears to be in conformance with section 609 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1169). [2003 c.637 �7; 2007 c.878 �10]

�� 25.333 Contesting medical support notice. (1)(a) When the enforcing agency issues a medical support notice under ORS

ORS 125.155

125.155. [1999 c.775 �9; 2003 c.227 �1; 2013 c.688 �21]

FIDUCIARIES GENERALLY

�� 125.200 Preferences in appointing fiduciary. The court shall appoint the most suitable person who is willing to serve as fiduciary after giving consideration to the specific circumstances of the respondent, any stated desire of the respondent, the relationship by blood or marriage of the person nominated to be fiduciary to the respondent, any preference expressed by a parent of the respondent, the estate of the respondent and any impact on ease of administration that may result from the appointment. [1995 c.664 �19]

�� 125.205 Persons not qualified to act as fiduciary. (1) A person is not qualified to serve as a fiduciary if the person:

�� (a) Is incapacitated, financially incapable or a minor;

�� (b) Is acting as a health care provider, as defined in ORS 127.505, for the protected person; or

�� (c) Is the protected person�s parent or former guardian and:

�� (A) At any time while the protected person was under the care, custody or control of the person, a court entered an order:

�� (i) Taking the protected person into protective custody under ORS 419B.150; or

�� (ii) Committing the protected person to the legal custody of the Department of Human Services for care, placement and supervision under ORS 419B.337; and

�� (B) The court entered a subsequent order that:

�� (i) The protected person should be permanently removed from the person�s home, or continued in substitute care, because it was not safe for the protected person to be returned to the person�s home, and no subsequent order of the court was entered that permitted the protected person to return to the person�s home before the protected person�s wardship was terminated under ORS 419B.328; or

�� (ii) Terminated the person�s parental rights under ORS 419B.500 and 419B.502 to 419B.524.

�� (2) A protected person, while not incapacitated, may petition the court to remove a prohibition contained in subsection (1)(c) of this section. [1995 c.664 �20; 2011 c.194 �1]

�� 125.210 Circumstances requiring notice to court. (1)(a) A person nominated as a fiduciary shall inform the court of the circumstances of an event before the person is appointed if the person:

�� (A) Has been convicted of a crime;

�� (B) Has filed for or received protection under the bankruptcy laws;

�� (C) Has caused any loss resulting in a surcharge under ORS 125.025 (3)(e) or a similar statute of another jurisdiction;

�� (D) Has been removed as a fiduciary under ORS 125.225; or

�� (E) Has had a license revoked or canceled that was required by the laws of any state for the practice of a profession or occupation.

�� (b) If the person nominated as a fiduciary is also the petitioner, the information required by this subsection may be provided in the petition for appointment of a fiduciary in the manner specified by ORS 125.055.

�� (2) A person who is appointed as a fiduciary shall inform the court of the circumstances of an event immediately if the person:

�� (a) Is convicted of a crime;

�� (b) Files for or receives protection under the bankruptcy laws;

�� (c) Causes any loss resulting in a surcharge under ORS 125.025 (3)(e) or a similar statute of another jurisdiction;

�� (d) Is removed as a fiduciary under ORS 125.225; or

�� (e) Has a license revoked or canceled that is required by the laws of any state for the practice of a profession or occupation.

�� (3) A person who is required to give notice to the court under subsection (2) of this section shall also give notice to those persons listed in ORS 125.060 (3).

�� (4) The court may decline to appoint a person as a fiduciary, or may remove a person as a fiduciary, if the person fails to comply with the provisions of this section. [1995 c.664 �21; 2018 c.59 �3]

�� 125.215 Acceptance of appointment as fiduciary; notice of proceedings to fiduciary. (1) If the person filing a petition in a protective proceeding is also nominated in the petition as fiduciary for the respondent, the signature of the petitioner on the petition acts as acceptance of appointment upon entry of an order appointing the petitioner as fiduciary. If the person nominated as a fiduciary is not the petitioner, the person nominated must file an acceptance of the appointment before the entry of the order appointing the fiduciary.

�� (2) A fiduciary must promptly file with the court any change in the name, residence or post-office address of the fiduciary.

�� (3) Subject to ORS 125.800 to 125.852 for adults as defined in ORS 125.802, the court has personal jurisdiction over any person who accepts appointment as a fiduciary for the purpose of any matter relating to the protective proceeding, whether the person is a resident or nonresident of this state.

�� (4) Notice of an objection, motion or other matter in a protective proceeding may be personally served on the fiduciary or mailed to the fiduciary or the fiduciary�s attorney by ordinary mail at the address listed in the court records and to any address for the fiduciary or the fiduciary�s attorney known to the person giving notice. [1995 c.664 �22; 2009 c.179 �25]

�� 125.220 [1995 c.664 �23; repealed by 1999 c.774 �1 (125.221 enacted in lieu of 125.220)]

�� 125.221 Conflicts of interest. (1) A fiduciary may employ a person in which the fiduciary has a pecuniary or financial interest only after disclosing the nature of the interest to the court if the person is employed for the purpose of providing direct services to the protected person or for the purpose of providing services to the fiduciary that directly affect the protected person. Before the person is employed, the fiduciary must provide the court with the following:

�� (a) A full and accurate disclosure of the pecuniary or financial interest of the fiduciary in the person.

�� (b) A full and accurate disclosure of the services to be performed by the person.

�� (c) A full and accurate disclosure of the anticipated costs to the estate in using the person to provide the services.

�� (2) In addition to the disclosures required by subsection (1) of this section, after making such inquiry as the court deems appropriate, the court may require additional disclosures for the purpose of assessing whether the pecuniary or financial interest of the fiduciary could compromise or otherwise affect decisions made by the fiduciary in carrying out the duties of the fiduciary.

�� (3) The continuing authority of a court over protective proceedings under ORS 125.025 includes the authority to supervise and inquire into:

�� (a) Whether the fiduciary by employing a person in which the fiduciary has a pecuniary or financial interest is acting reasonably to accomplish the purposes for which the fiduciary was appointed.

�� (b) Whether the employment of the person by the fiduciary is necessary to provide the services efficiently and effectively.

�� (c) The extent that the pecuniary or financial interest of the person employed by the fiduciary could compromise or otherwise affect the decisions made by the fiduciary in carrying out the duties of the fiduciary.

�� (4) In addition to the disclosures required by subsections (1) and (2) of this section, prior court approval is required for payment of compensation to a person who is the spouse, parent or child of the fiduciary or to a business entity in which the spouse, parent or child of the fiduciary has an ownership interest and that is employed by the fiduciary to provide direct services to a protected person or to provide services to the fiduciary that directly affect the protected person. The fiduciary must provide the court with the following information:

�� (a) The specific services to be provided;

�� (b) The qualifications of the person providing the services;

�� (c) The rate of compensation charged by the person; and

�� (d) Any other information relevant to either the person providing the services or the services being provided to the protected person, including, but not limited to, loss of a professional license or a criminal conviction.

�� (5) The court may not approve any fees or expenses requested by the fiduciary to the extent that the combined fees of the fiduciary and the person employed by the fiduciary under this section exceed the amount the court finds would have been appropriate for payment to the fiduciary if the fiduciary had provided the services alone.

�� (6) A fiduciary has a pecuniary or financial interest in another person for the purposes of this section if the fiduciary, or any person related to, employed by or affiliated with the fiduciary has:

�� (a) Any direct or indirect ownership interest in the person;

�� (b) A business association with the person; or

�� (c) Any financial involvement with the person.

�� (7) A fiduciary has a pecuniary or financial interest in another person for the purposes of this section if the fiduciary, or any person related to, employed by or affiliated with the fiduciary, receives remuneration or any other financial benefit from the person, without regard to whether that remuneration or benefit is directly tied to the services provided to the fiduciary or protected person.

�� (8) In addition to the grounds specified in subsections (6) and (7) of this section, a fiduciary has a pecuniary or financial interest in another person for the purposes of this section if the relationship between the fiduciary and other person is such that the relationship could compromise or otherwise affect decisions made by the fiduciary in carrying out the duties of the fiduciary.

�� (9) A fiduciary employs a person for the purposes of this section whether the person is engaged as an employee or as an independent contractor. [1999 c.774 �2 (enacted in lieu of 125.220); 2003 c.392 �1]

�� 125.225 Removal of fiduciary. (1) A court shall remove a fiduciary whenever that removal is in the best interests of the protected person.

�� (2) In addition to any other grounds, the court may remove a conservator if the conservator fails to use good business judgment and diligence in the management of the estate under the control of the conservator. The court may apply a higher standard of care to a conservator who claims to have greater than ordinary skill or expertise.

�� (3) In addition to any other grounds, the court may remove a guardian if the court determines the guardian:

�� (a) Unreasonably limits the protected person�s associations under ORS 125.323;

�� (b) Fails to perform the guardian�s duties required under ORS 125.315 (1)(g) to (i); or

�� (c) Changes the abode of the adult protected person or places the protected person in a mental health treatment facility, a nursing home or other residential facility and:

�� (A) Failed to disclose in the petition for appointment that the guardian intended to make the placement; or

�� (B) Failed to comply with ORS 125.320 (3) before making the placement.

�� (4) On termination of the authority of a fiduciary, an interim fiduciary may be appointed by the court to serve for a period not to exceed 60 days. An interim fiduciary under this subsection may be appointed by the court without the appointment of a visitor, additional notices or any other additional procedure, except as may be determined necessary by the court.

�� (5) Upon termination of the authority of a fiduciary, the court may appoint a successor fiduciary. A petition for appointment as successor fiduciary must be filed in the same manner as provided for an original petition, and is subject to all provisions applicable to an original petition for the appointment of a fiduciary. No filing fee shall be charged or collected for the filing of a petition for the appointment of a successor fiduciary. [1995 c.664 �24; 2017 c.391 �4; 2019 c.198 �4]

�� 125.230 Termination of fiduciary�s authority; discharge of fiduciary. (1) Except as provided in subsection (3) of this section, a fiduciary�s authority terminates upon the death, resignation or removal of the fiduciary or upon the protected person�s death. If the fiduciary is a guardian appointed solely by reason of the minority of the protected person, the fiduciary�s authority terminates upon the protected person attaining 18 years of age.

�� (2) Resignation or removal of a fiduciary does not discharge the fiduciary until a final report or accounting has been approved by the court, any surety exonerated and the fiduciary discharged by order of the court.

�� (3) A guardian retains the authority to direct disposition of the remains of a deceased protected person if the guardian is unaware of any contact during the 12-month period immediately preceding the death of the protected person between the protected person and any person with priority over the fiduciary to control disposition of the remains under ORS 97.130 or to make an anatomical gift under ORS 97.965. [1995 c.664 �25; 1997 c.472 �11; 2007 c.681 �26]

�� 125.235 Liability of fiduciary. A fiduciary is not personally liable to third persons for acts of the protected person solely by reason of being appointed fiduciary. [1995 c.664 �26]

�� 125.240 Professional fiduciaries. (1) If a petition seeks the appointment of a professional fiduciary, the petition must contain the following information in addition to that information required under ORS 125.055:

�� (a) Proof that the professional fiduciary, or an individual responsible for making decisions for clients or for managing client assets for the professional fiduciary, is certified by the Center for Guardianship Certification or its successor organization as a National Certified Guardian or a National Master Guardian.

�� (b) A description of the events that led to the involvement of the professional fiduciary in the case.

�� (c) The educational background, professional experience, investment credentials and licensing under ORS chapter 59 of the individual responsible as, or acting on behalf of, the professional fiduciary.

�� (d)(A) The fees charged by the professional fiduciary and whether the fees are on an hourly basis or are based on charges for individual services rendered, including whether there is any revenue sharing arrangement between the professional fiduciary and any other person.

�� (B) The method by which the fees described in subparagraph (A) of this paragraph will be assessed or charged, whether by commissions, monthly charges or any other method.

�� (e) The names of providers of direct services to protected persons that are repeatedly used by the professional fiduciary under contract.

�� (f) The disclosures required under ORS 125.221 if the person nominated to act as a professional fiduciary will employ a person in which the nominated person has a pecuniary or financial interest.

�� (g) The number of protected persons for whom the person performs fiduciary services at the time of the petition.

�� (h) Whether the professional fiduciary has ever had a claim against the bond of the professional fiduciary and a description of the circumstances causing the claim.

�� (i) Whether the professional fiduciary or any staff with responsibility for making decisions for clients or for management of client assets has ever filed for bankruptcy and the date of filing.

�� (j)(A) Whether the professional fiduciary or any staff with responsibility for making decisions for clients or for management of client assets has ever been denied a professional license that is directly related to responsibilities of the professional fiduciary, or has ever held a professional license that is directly related to responsibilities of the professional fiduciary that was revoked or canceled. If such a license has been denied, revoked or canceled, the petition must reflect the date of the denial, revocation or cancellation and the name of the regulatory body that denied, revoked or canceled the license.

�� (B) A professional license under this paragraph includes a certificate described in paragraph (a) of this subsection.

�� (k) A statement that the criminal records check required under subsection (2) of this section does not disqualify the person from acting as a professional fiduciary.

�� (L) Whether the professional fiduciary and any staff responsible for making decisions for clients or for management of client assets is or has been certified by a national or state association of professional fiduciaries, the name of any such association and whether the professional fiduciary or other staff person has ever been disciplined by any such association and the result of the disciplinary action.

�� (m) The name, address and telephone number of the individual who is to act as primary decision maker for the protected person and the name of the person with whom the protected person will have personal contact if that person is not the person who will act as primary decision maker for the protected person.

�� (n) An acknowledgment by the professional fiduciary that the professional fiduciary will make all investments of client assets in accordance with the standards set forth in ORS 130.750 to 130.775.

�� (2)(a) If a petition seeks the appointment of a professional fiduciary as described in subsection (5) of this section, the professional fiduciary and all staff with responsibility for making decisions for clients or for management of client assets must undergo a criminal records check before the court may appoint the professional fiduciary. The results of the criminal records check shall be provided by the petitioner to the court. Results of criminal records checks submitted to the court are confidential, shall be subject to inspection only by the parties to the proceedings and their attorneys, and shall not be subject to inspection by members of the public except pursuant to a court order entered after a showing of good cause. A professional fiduciary must disclose to the court any criminal conviction of the professional fiduciary that occurs after the criminal records check was performed. The criminal records check under this subsection shall consist of a check for a criminal record in the State of Oregon and a national criminal records check if:

�� (A) The person has resided in another state within five years before the date that the criminal records check is performed;

�� (B) The person has disclosed the existence of a criminal conviction; or

�� (C) A criminal records check in Oregon discloses the existence of a criminal record in another jurisdiction.

�� (b) The requirements of this subsection do not apply to any person who serves as a public guardian or conservator, or any staff of a public guardian or conservator, who is operating under ORS 125.700 to 125.730 or 406.050 and who is otherwise required to acquire a criminal records check for other purposes.

�� (3)(a) If a petition seeks the appointment of a county public guardian and conservator operating under the provisions of ORS 125.700 to 125.730, or the appointment of a conservator under ORS 406.050 (10), the petition need not contain the information described in subsection (1)(e) or (m) of this section.

�� (b) If a county public guardian and conservator operating under the provisions of ORS 125.700 to 125.730 is appointed to act as a professional fiduciary, or a conservator operating under the authority of ORS 406.050 (10) is appointed, the public guardian or conservator must file with the court within three days after receipt of written notice of the appointment a statement containing the name, address and telephone number of the individual who will act as primary decision maker for the protected person and the name of the person with whom the protected person will have personal contact if the person named as primary decision maker will not have personal contact with the protected person.

�� (4) If the court appoints a professional fiduciary as described in subsection (5) of this section, the professional fiduciary must update all information required to be disclosed by subsection (1) of this section and provide a copy of the updated statement upon the request of the protected person or upon the request of any person entitled to notice under ORS 125.060 (3). The professional fiduciary must provide an updated statement without demand to the court, the protected person and persons entitled to notice under ORS 125.060 (3) at any time that there is a change in the information provided under subsection (1)(m) or (3)(b) of this section.

�� (5) As used in this section, �professional fiduciary� means a person nominated as a fiduciary or serving as a fiduciary who is acting at the same time as a fiduciary for three or more protected persons who are not related to the fiduciary. [1999 c.774 �4; 2001 c.102 �4; 2001 c.104 �37; 2009 c.602 �3; 2013 c.690 �1; 2014 c.117 �20; 2015 c.364 �1; 2015 c.381 �6]

�� 125.242 Exemptions for financial institutions and trust companies. ORS 125.221 and 125.240 do not apply to a financial institution, as defined in ORS 706.008, a trust company, as defined in ORS 706.008, or the Oregon Public Guardian and Conservator in proceedings under ORS 125.675 to 125.691. [1999 c.774 �5; 2017 c.310 �9]

�� Note: 125.242 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 125 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

GUARDIANS

�� 125.300 In general. (1)(a) Except as provided in paragraph (b) of this subsection, a guardian may be appointed for an adult person only as is necessary to promote and protect the well-being of the protected person. A guardianship for an adult person must be designed to encourage the development of maximum self-reliance and independence of the protected person and may be ordered only to the extent necessitated by the person�s actual mental and physical limitations.

�� (b) A guardian may be appointed for an adult person if there is clear and convincing evidence that the person is a vulnerable youth. A guardianship for a vulnerable youth must be designed to encourage the development of maximum self-reliance and independence of the vulnerable youth and may be ordered only to the extent that the vulnerable youth consents and that is necessitated by the circumstances justifying the appointment of a guardian for the vulnerable youth.

�� (2) An adult protected person for whom a guardian has been appointed is not presumed to be incompetent.

�� (3) A protected person retains all legal and civil rights provided by law except those that have been expressly limited by court order or specifically granted to the guardian by the court. Rights retained by the person include but are not limited to the right to contact and retain counsel and to have access to personal records. [1995 c.664 �27; 2021 c.399 �10]

�� 125.305 Order of appointment. (1) After determining that conditions for the appointment of a guardian have been established, the court may appoint a guardian as requested if the court determines by clear and convincing evidence that:

�� (a) The respondent is a minor in need of a guardian, the respondent is incapacitated or the respondent is a vulnerable youth;

�� (b) The appointment is necessary as a means of providing continuing care and supervision of the respondent; and

�� (c) The nominated person is both qualified and suitable, and is willing to serve.

�� (2) The court shall make a guardianship order that is no more restrictive upon the liberty of the protected person than is reasonably necessary to protect the person. In making the order the court shall consider the information in the petition, the report of the visitor, the report of any physician, naturopathic physician or psychologist who has examined the respondent, if there was an examination, and the evidence presented at any hearing.

�� (3) The court may require that a guardian post bond.

�� (4) The Department of Human Services may be appointed guardian of a minor if the minor has no living parents and if no willing, qualified and suitable relative or other person has petitioned the court for appointment as a guardian. [1995 c.664 �28; 2017 c.356 �11; 2021 c.399 �11]

�� 125.310 Letters of guardianship. The court shall issue letters of guardianship to the guardian after the filing of any acceptance of the appointment and bond that may be required. A copy of the order appointing the guardian must be attached to the letters of guardianship. Letters of guardianship must be in substantially the following form:

State of Oregon,�� )

�� )�� LETTERS OF

County of ___�� ) GUARDIANSHIP

BY THESE LETTERS OF GUARDIANSHIP be informed:

�� That on ___ (month) ___ (day), 2, the __ Court, ___ County, State of Oregon, appointed _ (name of guardian) guardian for ___ (name of protected person) and that the named guardian has qualified and has the authority and duties of guardian for the named protected person as provided in the order appointing the guardian, a copy of which is attached to these letters.

�� IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal of the court at my office on ___ (month) ___ (day), 2___. (Seal)

__, Clerk of the Court

By __, Deputy

[1995 c.664 �29]

�� 125.315 General powers and duties of guardian. (1) A guardian has the following powers and duties:

�� (a) Except to the extent of any limitation under the order of appointment, the guardian has custody of the protected person and may establish the protected person�s place of abode within or without this state.

�� (b) The guardian shall provide for the care, comfort and maintenance of the protected person and, whenever appropriate, shall arrange for training and education of the protected person. Without regard to custodial rights of the protected person, the guardian shall take reasonable care of the person�s clothing, furniture and other personal effects unless a conservator has been appointed for the protected person.

�� (c) Subject to the provisions of ORS 127.505 to 127.660 and subsection (3) of this section, the guardian may consent, refuse consent or withhold or withdraw consent to health care, as defined in ORS 127.505, for the protected person. A guardian is not liable solely by reason of consent under this paragraph for any injury to the protected person resulting from the negligence or acts of third persons.

�� (d) The guardian may:

�� (A) Make advance funeral and burial arrangements;

�� (B) Subject to the provisions of ORS 97.130, control the disposition of the remains of the protected person; and

�� (C) Subject to the provisions of ORS 97.965, make an anatomical gift of all or any part of the body of the protected person.

�� (e) The guardian of a minor has the powers and responsibilities of a parent who has legal custody of a child, except that the guardian has no obligation to support the minor beyond the support that can be provided from the estate of the minor, and the guardian is not liable for the torts of the minor. The guardian may consent to the adoption of a protected person who is a minor.

�� (f) Subject to the provisions of ORS 125.320 (2), the guardian may receive money and personal property deliverable to the protected person and apply the money and property for support, care and education of the protected person. The guardian shall exercise care to conserve any excess for the protected person�s needs.

�� (g) The guardian shall promote the self-determination of the protected person and, to the extent practicable, encourage the protected person to participate in decisions, act on the protected person�s own behalf and develop or regain the capacity to manage the protected person�s personal affairs. To accomplish the duties under this paragraph, the guardian shall:

�� (A) Become or remain personally acquainted with the protected person and maintain sufficient contact with the protected person, including through regular visitation, to know the protected person�s abilities, limitations, needs, opportunities and physical and mental health;

�� (B) To the extent practicable, identify the values and preferences of the protected person and involve the protected person in decisions affecting the protected person, including decisions about the protected person�s care, dwelling, activities or social interactions; and

�� (C) Make reasonable efforts to identify and facilitate supportive relationships and services for the protected person.

�� (h) In making decisions for the protected person, the guardian shall make the decisions the guardian reasonably believes the protected person would make if the protected person were able, unless doing so would unreasonably harm or endanger the welfare or personal or financial interests of the protected person. To determine the decision the protected person would make if able, the guardian shall consider the protected person�s previous or current instructions, preferences, opinions, values and actions, to the extent actually known or reasonably ascertainable by the guardian.

�� (i) If the guardian cannot make a decision under paragraph (h) of this subsection because the guardian does not know and cannot reasonably determine the decision the protected person would make if able, or the guardian reasonably believes the decision the protected person would make would unreasonably harm or endanger the welfare or personal or financial interests of the protected person, the guardian shall act in accordance with the best interest of the protected person. In determining the best interest of the protected person, the guardian shall consider:

�� (A) Information received from professionals and persons that demonstrate sufficient interest in the welfare of the protected person;

�� (B) Other information the guardian believes the protected person would consider if the protected person were able; and

�� (C) Other factors a reasonable person in the circumstances of the protected person would consider, including consequences for others.

�� (2) If a conservator has been appointed for the protected person, the guardian may file a motion with the court seeking an order of the court on the duties of the conservator relating to payment of support for the protected person.

�� (3) A guardian may consent to the withholding or withdrawing of artificially administered nutrition and hydration for a protected person only under the circumstances described in ORS 127.580 (1)(a), (b), (d), (e) or (f) and, if the protected person has a medical condition specified in ORS 127.580 (1)(b), (d), (e) or (f), the condition has been medically confirmed. [1995 c.664 �30; 1997 c.472 �12; 2007 c.230 �1; 2007 c.681 �27; 2019 c.198 �5; 2025 c.224 �6]

�� 125.320 Limitations on guardian. (1) A guardian may not authorize the sterilization of the protected person.

�� (2) A guardian may not use funds from the protected person�s estate for room and board that the guardian or guardian�s spouse, parent or child have furnished the protected person unless the charge for the service is approved by order of the court before the payment is made.

�� (3)(a) Before a guardian may change the abode of an adult protected person or place an adult protected person in a mental health treatment facility, a nursing home or other residential facility, the guardian must file with the court and serve a statement declaring that the guardian intends to make the change of abode or placement in the manner set forth in paragraph (b) of this subsection.

�� (b)(A) The statement must be filed and served in the manner provided for serving a motion under ORS 125.065 to the persons specified in ORS 125.060 (3) and (8) at least 15 days prior to each change of abode or placement of the protected person.

�� (B) When the guardian determines that the change of abode or placement must occur in less than 15 days to protect the immediate health, welfare or safety of the protected person or others, the statement shall declare that the change of abode or placement must occur in less than 15 days to protect the immediate health, welfare or safety of the protected person or others. The statement must be filed and served with as much advance notice as possible, in no event later than two judicial days after the change of abode or placement occurs. The guardian may make the change of abode or placement prior to a hearing on any objection.

�� (c) In addition to the requirements of ORS 125.070 (1), the notice given to the protected person must clearly indicate the manner in which the protected person may object to the proposed placement.

�� (d) The court shall schedule a hearing on any objection to a statement filed under this subsection made in the manner provided by ORS 125.075 for presenting objections to a petition or motion in a protective proceeding. If no objection is made, the guardian may change the abode of the adult protected person or place the adult protected person in a mental health treatment facility, a nursing home or other residential facility without further court order.

�� (e) The requirement that notice be served on an attorney for a protected person under ORS 125.060 (8) does not impose any responsibility on the attorney receiving the notice to represent the protected person in the protective proceeding.

�� (4) A guardian for a protected person who is a vulnerable youth may not possess or control the vulnerable youth�s identity documents. [1995 c.664 �31; 2001 c.473 �1; 2005 c.498 �3; 2017 c.391 �5; 2021 c.399 �12]

�� 125.323 Limits on association. (1) As used in this section:

�� (a) �Association� means communication, visitation or other social interaction with third parties; and

�� (b) �Interested person� means a protected person, a person with whom association is being limited, any fiduciary for the protected person or any person who has filed a request for notice in the proceedings.

�� (2) A guardian may not limit a protected person�s preferred associations, except:

�� (a) As specifically allowed by the court; or

�� (b) To the extent the guardian determines necessary to avoid unreasonable harm to the protected person�s health, safety or well-being.

�� (3) If a protected person is unable to communicate, the protected person�s preferred association shall be presumed based on the prior relationship between the protected person and the person with whom the association is contemplated.

�� (4)(a) If a guardian limits a protected person�s association as provided in subsection (2)(b) of this section, an interested person may move the court to modify the guardian�s powers with respect to limiting the association.

�� (b) Motions under this subsection must be in writing, except that a protected person may move the court orally in person or by other means that are intended to convey the protected person�s motion to the court. The court shall designate the manner in which an oral motion may be made that ensures that a protected person will have the protected person�s motion presented to the court. The clerk of the court shall provide a means of reducing the oral motion to a signed writing for the purpose of filing the motion.

�� (c) Any limits on a protected person�s associations in effect on the date a motion is filed under this subsection remain in effect pending the court�s action under paragraph (e) of this subsection.

�� (d) The court shall schedule the hearing required under ORS 125.080 (3) on a motion under this subsection no later than 60 days following the date the motion is filed with the court. The person making the motion shall give notice to all persons entitled to notice under ORS 125.060 (3) of the date, time and place of the scheduled hearing at least 15 days before the date set for the hearing. Notice shall be given in the manner prescribed by ORS 125.065. The court for good cause shown may provide for a different method or time of giving notice under this subsection.

�� (e) If the court determines that the guardian unreasonably limited association under this section, the court may:

�� (A) Permit the association, with or without limitations;

�� (B) Modify the guardian�s powers to limit the protected person�s associations;

�� (C) Remove the guardian; or

�� (D) Award reasonable attorney fees and court costs associated with the motion. [2019 c.198 �2]

�� 125.325 Guardian�s report. (1) Not later than 30 days following each anniversary of appointment, a guardian for an adult protected person shall file with the court a written report. The report must include a declaration under penalty of perjury in the form required by ORCP 1 E, or an unsworn declaration under ORS 194.800 to

ORS 125.425

125.425, a conservator may make gifts on behalf of the protected person for such purposes as the protected person might have been expected to make. The conservator may make gifts without prior court approval of up to $250 to a person in a calendar year, not to exceed an aggregate amount of $1,000 for all gifts in a calendar year. The conservator must have prior court approval for any other gifts. [1995 c.664 �41]

�� 125.440 Acts conservator may perform only with court approval. A conservator may perform the following acts only with prior court approval:

�� (1) Convey or release contingent or expectant interests of the protected person in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entirety.

�� (2) Create revocable or irrevocable trusts of property of the estate. A trust created by the conservator may extend beyond the period of disability of the protected person or beyond the life of the protected person. A trust created by the conservator must be consistent with the will of the protected person or any other written or oral expression of testamentary intent made by the protected person before the person became incapacitated. The court may not approve a trust that has the effect of terminating the conservatorship unless:

�� (a) The trust is created for the purpose of qualifying the protected person for needs-based government benefits or maintaining the eligibility of the protected person for needs-based government benefits;

�� (b) The value of the conservatorship estate, including the amount to be transferred to the trust, does not exceed $50,000;

�� (c) The purpose of establishing the conservatorship was to create the trust; or

�� (d) The conservator shows other good cause to the court.

�� (3) Exercise rights of the protected person to elect options and change beneficiaries under insurance and annuity policies and to surrender the policies for their cash value.

�� (4) Disclaim any interest the protected person may have by testate or intestate succession, by inter vivos transfer or by transfer on death deed.

�� (5) Authorize, direct or ratify any annuity contract or contract for life care.

�� (6) Revoke a transfer on death deed. [1995 c.664 �42; 2007 c.62 �1; 2011 c.212 �28]

�� 125.445 Acts authorized to be performed without prior court approval. A conservator may perform the following acts without prior court authorization or confirmation if the conservator is acting reasonably to accomplish the purposes for which the conservator was appointed:

�� (1) Collect, hold and retain assets of the estate including land wherever situated, until, in the judgment of the conservator, disposition of the assets should be made. Assets of the estate may be retained even though those assets include property in which the conservator is personally interested.

�� (2) Receive additions to the estate.

�� (3) Continue or participate in the operation of any business or other enterprise.

�� (4) Acquire an undivided interest in an estate asset in which the conservator, in any fiduciary capacity, holds an undivided interest.

�� (5) Invest and reinvest estate assets and funds in the same manner as a trustee may invest and reinvest.

�� (6) Deposit estate funds in a bank including a bank operated by the conservator.

�� (7) Except as limited in ORS 125.430, acquire or dispose of an estate asset including real property wherever situated for cash or on credit, at public or private sale.

�� (8) Manage, develop, improve, exchange, partition, change the character of or abandon an estate asset in connection with the exercise of any power vested in the conservator.

�� (9) Make ordinary or extraordinary repairs or alterations in buildings or other structures, demolish any improvements, or raze existing or erect new party walls or buildings.

�� (10) Subdivide, develop or dedicate land to public use, make or obtain the vacation of plats and adjust boundaries, adjust differences in valuation on exchange or partition by giving or receiving considerations, and dedicate easements to public use without consideration.

�� (11) Enter for any purpose into a lease as lessor or lessee with or without option to purchase or renew for a term within or extending beyond the term of the conservatorship.

�� (12) Enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling or unitization agreement.

�� (13) Grant an option involving disposition of an estate asset or take an option for acquisition of any asset.

�� (14) Vote a security, in person or by general or limited proxy.

�� (15) Pay calls, assessments and any other sums chargeable or accruing against or on account of securities.

�� (16) Sell or exercise stock subscription or conversion rights, or consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution or liquidation of a corporation or other business enterprise.

�� (17) Hold a security in the name of a nominee or in other form without disclosure of the conservatorship so that title to the security may pass by delivery. The conservator is liable for any act of the nominee in connection with the stock so held.

�� (18) Insure the assets of the estate against damage or loss, and the conservator against liability with respect to third persons.

�� (19) Borrow money to be repaid from estate assets or otherwise and mortgage or pledge property of the protected person as security therefor.

�� (20) Advance money for the protection of the estate or the protected person, and for all expenses, losses and liability sustained in the administration of the estate or because of the holding or ownership of any estate assets. The conservator has a lien on the estate as against the protected person for advances so made.

�� (21) Pay or contest any claim, settle a claim by or against the estate or the protected person by compromise, arbitration or otherwise, and release, in whole or in part, any claim belonging to the estate to the extent that the claim is uncollectible.

�� (22) Pay taxes, assessments, compensation of the conservator and other expenses incurred in the collection, care, administration and protection of the estate.

�� (23) Allocate items of income or expense to either income or principal, including creation of reserves out of income for depreciation, obsolescence or amortization, or for depletion in mineral or timber properties.

�� (24) Pay any sum distributable to a protected person or a dependent of a protected person by paying the sum to the protected person or the dependent, or by paying the sum either to a guardian, custodian under ORS 126.700, or conservator of the protected person or, if none, to a relative or other person with custody of the protected person.

�� (25) Employ persons, including attorneys, auditors, investment advisers or agents, even though they are associated with the conservator, to advise or assist the conservator in the performance of administrative duties, acting upon their recommendation without independent investigation, and instead of acting personally, employing one or more agents to perform any act of administration, whether or not discretionary, except that payment to the conservator�s attorney of record is subject to the provisions of ORS 125.095.

�� (26) Prosecute or defend actions, claims or proceedings in any jurisdiction for the protection of estate assets and of the conservator in the performance of duties.

�� (27) Prosecute claims of the protected person including those for the personal injury of the protected person.

�� (28) Execute and deliver all instruments that will accomplish or facilitate the exercise of the powers vested in the conservator. [1995 c.664 �43]

�� 125.450 Voidable transactions. Any sale or encumbrance to a conservator, the spouse, agent or attorney of the conservator, or any corporation or trust in which the conservator has a substantial beneficial interest, or any transaction that is otherwise affected by a substantial conflict of interest is voidable unless the transaction is approved by the court after the filing of a motion with the court seeking approval of the transaction. [1995 c.664 �44]

(Desires of Protected Person)

�� 125.455 Power of competent protected person over estate. (1) A protected person, if mentally competent, may make wills, change beneficiaries of life insurance and annuity policies and exercise any power of appointment or any elective right to share in the estate of a deceased spouse.

�� (2) Except as provided in this section and ORS 125.420, a protected person for whom a conservator has been appointed cannot convey or encumber the estate of the protected person or make any contract or election affecting the estate of the protected person. [1995 c.664 �45]

�� 125.460 Consideration of estate plan of protected person. In investing the estate, selecting assets of the estate for distribution and utilizing powers of revocation or withdrawal available for the support of the protected person and exercisable by the conservator or the court, the conservator and the court shall take into account any known estate plan of the protected person, including the will of the protected person, any revocable trust of which the protected person is settlor, and any contract, transfer or joint ownership arrangement with provisions for payment or transfer of benefits or interests at the death of the protected person to another or others that the protected person may have originated. The conservator may examine the will of the protected person. [1995 c.664 �46]

(Inventory of Property)

�� 125.465 Discovery of property; examination by conservator. (1) The court may order any person to appear and give testimony by deposition if it appears probable that the person:

�� (a) Has concealed, secreted or disposed of any property of the protected person;

�� (b) Has been entrusted with property of the protected person and fails to account for that property to the conservator;

�� (c) Has concealed, secreted or disposed of any writing, instrument or document relating to the affairs of the protected person;

�� (d) Has knowledge or information that is necessary to the administration of the affairs of the protected person; or

�� (e) As an officer or agent of a corporation, has refused to allow examination of the books and records of the corporation that the protected person has a right to examine.

�� (2) If a person is cited to appear under this section and fails to appear or to answer questions asked as authorized by the order of the court, the person may be held in contempt of court. [1995 c.664 �47]

�� 125.470 Filing of inventory required; supplemental inventory. (1) Within 90 days after the date of appointment, unless a longer time is granted by the court, a conservator must file in the protective proceeding an inventory of all the property of the estate of the protected person that has come into the possession or knowledge of the conservator. The inventory must show the estimates by the conservator of the respective true cash values as of the date of the protective order. If the protected person has attained 14 years of age, a copy of the inventory must be served on the protected person personally or by mail.

�� (2) Whenever any property of the estate of the protected person not included in the inventory or any subsequent accounting and not derived from any asset included in a prior inventory or any subsequent accounting comes into the possession or knowledge of the conservator, the conservator must file a supplemental inventory in the protective proceeding. The supplemental inventory must be filed within 30 days after the date of receiving possession or knowledge of the property.

�� (3) If the estate of the protected person includes real property, the conservator must record in the deed records of the clerk of the county in which the real property is situated a certified copy of the inventory required by this section or an abstract in substantially the following form:

The protected person�s name is ______

Conservatorship Case # ______

County where proceedings are pending ____

Conservator is ______

Conservator�s address is ______

Attorney�s name is ______

Attorney�s address is ______

The following real property is subject to proceedings: __

Signature ____

Dated ____

STATE OF OREGON�� )

�� )�� ss.

County of __�� )

�� The foregoing instrument was acknowledged before me this ___ day of __, 2_, by ______.

Notary Public for Oregon

My commission expires: ______

[1995 c.664 �48]

(Accountings)

�� 125.475 Conservator�s accounting to court; contents. (1) Unless the court by order provides otherwise, a conservator shall account to the court for the administration of the protected estate within 60 days after each anniversary of appointment. In addition, a conservator shall account to the court for the administration of the protected estate:

�� (a) Within 60 days after the death of the protected person, a minor protected person attains majority or an adult protected person becomes able to manage the protected person�s financial resources; and

�� (b) Within 30 days after the removal of the conservator, the resignation of the conservator or the termination of the conservator�s authority under ORS 125.410 (7).

�� (2) Each accounting must include the following information:

�� (a) The period of time covered by the accounting.

�� (b) The total value of the property with which the conservator is chargeable according to the inventory, or, if there was a prior accounting, the amount of the balance of the prior accounting.

�� (c) All money and property received during the period covered by the accounting.

�� (d) All disbursements made during the period covered by the accounting.

�� (e) The amount of bond posted by the conservator during the period covered by the accounting.

�� (f) With respect to conservators who are professional fiduciaries, the total amount of compensation that investment advisers or brokers other than the professional fiduciary charged or received in charges for investments managed or transacted by the investment advisers or brokers.

�� (g) Such other information as the conservator considers necessary, or that the court might require, for the purpose of disclosing the condition of the estate.

�� (3) Vouchers for disbursements must accompany the accounting unless otherwise provided by order or rule of the court or unless the conservator is a trust company that has complied with ORS 709.030 or is the Department of Veterans� Affairs. If vouchers are not required, the conservator shall:

�� (a) Maintain the vouchers for a period of not less than one year following the date on which the order approving the final accounting is entered;

�� (b) Permit interested persons to inspect the vouchers and receive copies of the vouchers at their own expense at the place of business of the conservator during the conservator�s normal business hours at any time before the end of one year following the date on which the order approving the final accounting is entered; and

�� (c) Include in each annual accounting and the final accounting a statement that the vouchers are not filed with the accounting but are maintained by the conservator and may be inspected and copied as provided in this subsection.

�� (4) The court may waive a final accounting if:

�� (a) The conservator was appointed because the protected person was a minor, and the protected person has attained the age of majority, or the conservator was appointed because the protected person was financially incapable, and the protected person is no longer financially incapable;

�� (b) The protected person gives a receipt to the conservator for the property delivered to the protected person; and

�� (c) The conservator files with the court a copy of the receipt issued by the protected person to the conservator.

�� (5) Copies of accountings must be served on all persons listed in ORS 125.060 (3). The court may waive service on the protected person if service of the copy would not assist the protected person in understanding the proceedings.

�� (6) The court may require a conservator to submit to a physical check of the estate in the control of the conservator at any time and in any manner the court may specify.

�� (7) The Chief Justice of the Supreme Court may by rule specify the form and contents of accounts that must be filed by a conservator. [1995 c.664 �49; 1997 c.631 �411; 1999 c.592 �4; 2005 c.123 �2; 2015 c.364 �2; 2019 c.539 �1]

�� 125.480 Approval of accounting. Subject to appeal or vacation within the time allowed by law, an order, made upon notice and hearing, allowing an intermediate accounting of a conservator, is final as to the liabilities of the conservator concerning the matters considered in connection with the intermediate accounting. An order, made upon notice and hearing, allowing a final accounting is final as to all previously unsettled liabilities of the conservator to the protected person or successors relating to the conservatorship. [1995 c.664 �50]

(Liabilities)

�� 125.485 Liability of conservator. (1) A conservator is not personally liable on a contract entered into in the fiduciary capacity of the conservator in the course of administering the estate unless:

�� (a) The contract specifically makes the conservator liable in a personal capacity; or

�� (b) The conservator fails to reveal the representative capacity of the conservator and identity of the estate in the contract.

�� (2) The conservator is personally liable for obligations arising from ownership, obligations arising out of control of property of the estate and torts committed in the course of administration of the estate only if the conservator is personally at fault.

�� (3) Claims based on contracts entered into by a conservator in the fiduciary capacity of the conservator, on obligations arising from ownership or control of the estate or on torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in the fiduciary capacity of the conservator, whether or not the conservator is personally liable.

�� (4) Any question of liability between the estate and the conservator personally may be determined in a proceeding for accounting or for indemnification, or in any other appropriate proceeding or action. [1995 c.664 �51]

�� 125.490 Status of persons dealing with conservator. (1) A person who in good faith either assists a conservator or deals with the conservator for value in any transaction other than those requiring a court order under the provisions of this chapter is protected as if the conservator properly exercised the power. The fact that a person knowingly deals with a conservator does not require the person to inquire into existence of a power or the propriety of its exercise, except that restrictions on powers of conservators that are indorsed on letters are effective as to third persons. A person is not required to see to the proper application of estate assets paid or delivered to a conservator.

�� (2) The protection provided under subsection (1) of this section:

�� (a) Is not affected by any procedural irregularity or jurisdictional defect in the proceedings that resulted in the issuance of letters; and

�� (b) Is in addition to the protection provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.

�� (3) A person who holds property in which the protected person has an interest, or who is indebted either to the protected person or to the protected person and others, may enter into transactions with the conservator with respect to the property or debt to the same extent that the person could deal with the protected person if the protected person were not under protection. [1995 c.664 �52]

(Claims and Expenses)

�� 125.495 Payment of claims against estate or protected person. (1) A conservator shall pay from the estate claims against the estate and against the protected person arising before or after the conservatorship upon their presentation, allowance and maturity. Claims that become absolute at an uncertain event may not be allowed. The conservator may allow claims against the estate of a protected person in part and disallow them in part.

�� (2) A claim may be presented by either of the following methods:

�� (a) The claimant may deliver or mail to the conservator or the attorney for the conservator a written statement of the claim stating the basis of the claim, the name and address of the claimant and of the claimant�s attorney if the claimant is represented by an attorney in respect to the claim, and the amount claimed.

�� (b) The claimant may file the claim with the clerk of the court in which the proceeding is pending, captioned in a manner that will identify the protected person and the clerk�s number of the proceeding, and deliver or mail a copy of the statement to the conservator or the attorney of the conservator.

�� (3) If the conservator disallows the claim in whole or in part, or if the conservator finds that the claim is valid but not due, the conservator shall notify the claimant or the attorney of the claimant in writing of the disallowance or finding of the conservator.

�� (4) The presentation of a claim and any defect in form or substance may be waived by the conservator or by the court if the claim, properly stated, is a valid and absolute obligation of the estate.

�� (5) The conservator may reconsider any claim previously rejected or allowed, or may compromise any claim against the estate of a protected person, including contingent, unliquidated and unmatured claims. [1995 c.664 �53]

�� 125.500 Enforcement of claim against estate or protected person. (1) An action upon a claim may not be brought until the claim is disallowed or until 60 days have elapsed from the date of its presentment without allowance of payment.

�� (2) A creditor of the protected person or the estate of the protected person whose claim is secured may not exercise remedies against the security until at least 30 days after the claim is presented and after notice to the conservator or the attorney of the conservator that the creditor intends to exercise remedies against the security. The court may shorten the period for cause.

�� (3) The conservator may convey the security to the secured creditor in full or partial satisfaction of the claim if the secured creditor agrees to accept the conveyance as full satisfaction or partial satisfaction of the debt. [1995 c.664 �54]

�� 125.505 Notice of claim to conservator. If a proceeding is pending against a protected person at the time of appointment of a conservator or is commenced against the protected person after appointment of a conservator, the plaintiff must give notice of the proceeding to the conservator or the attorney of the conservator if any judgment or order arising out of the proceeding will constitute a claim against the estate. [1995 c.664 �55]

�� 125.510 Procedure where claim disallowed. (1) If the conservator disallows a claim in whole or in part, or if the conservator does not allow or disallow a claim within 60 days after it is presented, the claimant may:

�� (a) File in the conservatorship proceeding a request for a summary determination of the claim by the court, with proof of service of a copy upon the conservator or the attorney of the conservator; or

�� (b) Commence a separate action against the conservator on the claim in a court of competent jurisdiction. The action shall proceed and be tried as any other action.

�� (2) If the claimant requests a summary hearing, the conservator may, within 30 days after service of the request, notify the claimant in writing that if the claimant desires to prove the claim the claimant must commence a separate action against the conservator within 60 days after service of the notice. If the claimant fails to commence an action against the conservator within that time, the claim is barred.

�� (3) An order allowing or disallowing in whole or in part a claim that has been considered upon a summary hearing may not be appealed. [1995 c.664 �56]

�� 125.515 Effect of presentation of claim on statute of limitations. (1) The following periods of time shall not be part of the time limited for the commencement of an action under any statute of limitation:

�� (a) The period of time beginning at the presentation of a claim and ending 30 days after the claim is disallowed.

�� (b) If the claim is not allowed or disallowed within 60 days after it is presented, the period of time beginning with the presentation of the claim and ending 90 days after the claim is presented.

�� (2) For the purpose of any statute of limitation, an action is considered commenced upon the filing of a request for a summary determination of a claim that has been disallowed in whole or in part. [1995 c.664 �57]

�� 125.520 Order of payment of expenses and claims. If it is likely that the estate of the protected person will be exhausted before all claims against the estate are paid, the conservator shall give preference in the payment of claims in the following order of priority:

�� (1) Funds needed for the current care, maintenance and support of the protected person and the dependents of the protected person and claims for the expenses of administration.

�� (2) Expenses and claims for the care, maintenance and support of the protected person and the dependents of the protected person that are not paid under subsection (1) of this section.

�� (3) Debts and taxes with preference under federal law.

�� (4) Taxes with preference under the laws of this state that are due and payable while possession of the estate of the protected person is retained by the conservator.

�� (5) All other claims against the conservatorship estate. [1995 c.664 �58; 1997 c.717 �7]

(Termination of Proceedings)

�� 125.525 Termination of conservatorship. An order terminating the conservatorship of a living person shall direct the conservator to deliver the assets in the possession of the conservator to the protected person:

�� (1) Immediately, to the extent that the assets are not required for payment of expenses of administration and debts incurred by the conservator for the account of the estate of the protected person; and

�� (2) Upon entry of an order approving the final accounting or surcharging the conservator, to the extent of any balance remaining. [1995 c.664 �59; 2017 c.169 �59]

�� 125.530 Powers and duties of conservator on death of protected person. If a protected person dies and the conservator has possession of a will of the protected person, the conservator shall either deliver the will to the personal representative named in the will or deliver the will to the court for safekeeping. If the conservator delivers the will to the court for safekeeping, the conservator must inform any personal representative named in the will that the conservator has made that delivery. If it is not possible to inform the named personal representative, the conservator shall inform the beneficiaries named in the will of the delivery. The conservator shall retain and administer the estate for delivery to the personal representative of the decedent or other persons entitled to the estate. [1995 c.664 �60; 1997 c.717 �8]

�� 125.535 Disposition of small estate. If at any time the estate of a protected person consists of personal property having a value not exceeding by more than $10,000 the aggregate amount of unpaid expenses of administration of the protected estate and claims against the estate, the conservator, with prior accounting and approval of the court by order, may pay the expenses and claims from the estate and deliver all the remaining personal property to the person designated by the court in the order, to be held, invested or used as ordered by the court. The recipient of the property shall give a receipt to the conservator. The receipt is a release of and acquittance to the conservator as to the property delivered. The conservator shall file in the protective proceeding proper receipts or other evidence satisfactory to the court showing the delivery. Upon the court receiving the evidence, the court shall enter an order terminating the protective proceeding. [1995 c.664 �61]

(Payment to Foreign Conservator)

�� 125.540 Payment of debt and delivery of property to foreign conservator. (1) A person indebted to a protected person, or having possession of property or of an instrument evidencing a debt, stock or chose in action belonging to a protected person, may make payment or delivery to a conservator, guardian or other fiduciary appointed by a court of the state where the protected person resides, upon being presented with proof of appointment and an affidavit made by the fiduciary stating that:

�� (a) A protective proceeding relating to the protected person is not pending in this state; and

�� (b) The fiduciary is entitled to payment or to receive delivery.

�� (2) If the person to whom the affidavit is presented is not aware of any protective proceeding pending in this state, payment or delivery in response to the demand and affidavit discharges the debtor or possessor. [1995 c.664 �62]

TEMPORARY FIDUCIARIES

�� 125.600 In general. (1) A temporary fiduciary who will exercise the powers of a guardian may be appointed by the court if the court makes a specific finding by clear and convincing evidence that the respondent is incapacitated or a minor, that there is an immediate and serious danger to the life or health of the respondent, and that the welfare of the respondent requires immediate action.

�� (2) A temporary fiduciary who will exercise the powers of a conservator may be appointed by the court if the court makes a specific finding by clear and convincing evidence that the respondent is financially incapable or a minor, that there is an immediate and serious danger to the estate of the respondent, and that the welfare of the respondent requires immediate action.

�� (3) A temporary fiduciary may be appointed only for a specific purpose and only for a specific period of time. The period of time may not exceed 30 days. The court may extend the period of the temporary fiduciary�s authority for an additional period not to exceed 30 days upon motion and good cause shown. The court may terminate the authority of a temporary fiduciary at any time.

�� (4) Except as otherwise provided in this section and ORS 125.605 and 125.610, a temporary fiduciary is subject to all provisions of this chapter. [1995 c.664 �63]

�� 125.605 Procedure for appointment of temporary fiduciary. (1) In addition to the requirements of ORS 125.055, a petition for the appointment of a temporary fiduciary must contain allegations of the conditions required under ORS

ORS 127.527

127.527 may be executed by an Oregon resident or by a resident of any other state while physically present in this state.

�� (2) The form described in subsection (1) of this section must be signed and:

�� (a) Witnessed and signed by at least two adults; or

�� (b) Notarized by a notary public.

�� (3) If an advance directive or a form appointing a health care representative is validated under subsection (2)(a) of this section, each witness must witness:

�� (a) The principal signing the advance directive or the form appointing a health care representative; or

�� (b) The principal acknowledging the signature of the principal on the advance directive or the form appointing a health care representative.

�� (4) For an advance directive or a form appointing a health care representative to be valid under subsection (2)(a) of this section, the witnesses may not, on the date the advance directive or the form appointing a health care representative is signed or acknowledged:

�� (a) Be the principal�s attending physician or attending health care provider.

�� (b) Be the principal�s health care representative or alternate health care representative appointed under ORS 127.510.

�� (5) If an advance directive or a form appointing a health care representative is validated under subsection (2)(a) of this section, and if the principal is a patient in a long term care facility at the time the advance directive or the form appointing a health care representative is executed, one of the witnesses must be an individual who is designated by the facility and qualified as specified by the Department of Human Services by rule.

�� (6) Notwithstanding subsection (2) of this section, an advance directive, a form appointing a health care representative or a similar instrument, that is executed by an adult who resides in another state at the time of execution, and that is executed in compliance with the laws of that state, the laws of the state where the principal is located at the time of the execution or the laws of this state, is validly executed for the purposes of ORS 127.505 to 127.660. [1989 c.914 �3; 1993 c.767 �4; 2018 c.36 �8; 2021 c.328 �6]

�� 127.520 Persons not eligible to serve as health care representative; manner of disqualifying persons for service. (1) Except as provided in ORS 127.635 or as may be allowed by court order, the following persons may not serve as health care representatives:

�� (a) If unrelated to the principal by blood, marriage or adoption:

�� (A) The attending physician or attending health care provider of the principal, or an employee of the attending physician or attending health care provider of the principal; or

�� (B) An owner, operator or employee of a health care facility in which the principal is a patient or resident, unless the health care representative was appointed before the principal�s admission to the facility; or

�� (b) A person who is the principal�s parent or former guardian if:

�� (A) At any time while the principal was under the care, custody or control of the person, a court entered an order:

�� (i) Taking the principal into protective custody under ORS 419B.150; or

�� (ii) Committing the principal to the legal custody of the Department of Human Services for care, placement and supervision under ORS 419B.337; and

�� (B) The court entered a subsequent order that:

�� (i) The principal should be permanently removed from the person�s home, or continued in substitute care, because it was not safe for the principal to be returned to the person�s home, and no subsequent order of the court was entered that permitted the principal to return to the person�s home before the principal�s wardship was terminated under ORS 419B.328; or

�� (ii) Terminated the person�s parental rights under ORS 419B.500 and 419B.502 to 419B.524.

�� (2) A principal, while not incapable, may petition the court to remove a prohibition described in subsection (1)(b) of this section.

�� (3) A capable adult may disqualify any other person from making health care decisions for the capable adult. The disqualification must be in writing and signed by the capable adult. The disqualification must specifically designate those persons who are disqualified.

�� (4) A health care representative whose authority has been revoked by a court is disqualified.

�� (5) A health care provider who has actual knowledge of a disqualification may not accept a health care decision from the disqualified person.

�� (6) A person who has been disqualified from making health care decisions for a principal, and who is aware of that disqualification, may not make health care decisions for the principal. [1989 c.914 �4; 1993 c.767 �5; 2011 c.194 �2; 2018 c.36 �11]

�� 127.525 Acceptance of appointment; withdrawal. (1) A person may accept appointment as a health care representative or an alternate health care representative in a form appointing a health care representative by:

�� (a) Signing the acceptance of appointment; or

�� (b) Representing to a third party that the person has accepted the authority and duties of a health care representative under an advance directive in which the person is named as the health care representative or alternate health care representative.

�� (2) Subject to the right of the health care representative or the alternate health care representative to withdraw, the acceptance imposes a duty on the health care representative or the alternate health care representative to make health care decisions on behalf of the principal as described in ORS 127.510.

�� (3) Until the principal becomes incapable, the health care representative or the alternate health care representative may withdraw by giving notice to the principal. After the principal becomes incapable, the health care representative or the alternate health care representative may withdraw by giving notice to the health care provider. [1989 c.914 �5; 1993 c.767 �6; 2018 c.36 �12; 2021 c.328 �7]

(Form for Appointing Health Care Representative)

�� 127.527 Form for appointing health care representative. A form for appointing a health care representative and an alternate health care representative must be written in substantially the following form:

FORM FOR APPOINTING

HEALTH CARE REPRESENTATIVE AND

ALTERNATE HEALTH CARE

REPRESENTATIVE

�� This form may be used in Oregon to choose a person to make health care decisions for you if you become too sick to speak for yourself. The person is called a health care representative.

�� If you have completed a form appointing a health care representative in the past, this new form will replace any older form.

�� You must sign this form for it to be effective. You must also have it witnessed by two witnesses or a notary. Your appointment of a health care representative is not effective until the health care representative accepts the appointment.

�� If you become too sick to speak for yourself and do not have an effective health care representative appointment, a health care representative will be appointed for you in the order of priority set forth in ORS 127.635 (2).

�� 1. ABOUT ME.

�� Name: ___

�� Date of Birth: ___

�� Telephone numbers: (Home) _____

�� (Work) _ (Cell) ___

�� Address: ______

�� E-mail: ___

�� 2. MY HEALTH CARE REPRESENTATIVE.

�� I choose the following person as my health care representative to make health care decisions for me if I can�t speak for myself.

�� Name: ___

�� Relationship: ___

�� Telephone numbers: (Home) _____

�� (Work) _ (Cell) ___

�� Address: ______

�� E-mail: ___

�� I choose the following people to be my alternate health care representatives if my first choice is not available to make health care decisions for me or if I cancel the first health care representative�s appointment.

�� First alternate health care representative:

�� Name: ___

�� Relationship: ___

�� Telephone numbers: (Home) _____

�� (Work) _ (Cell) ___

�� Address: ______

�� E-mail: ___

�� Second alternate health care representative:

�� Name: ___

�� Relationship: ___

�� Telephone numbers: (Home) _____

�� (Work) _ (Cell) ___

�� Address: ______

�� E-mail: ___

�� 3. MY SIGNATURE.

�� My signature: ___

�� Date: ___

�� 4. WITNESS.

�� COMPLETE EITHER A OR B WHEN YOU SIGN.

�� A. NOTARY:

�� State of ______

�� County of ______

�� Signed or attested before me on _____,

�� 2, by ______.

�� ______

�� Notary Public - State of Oregon

�� B. WITNESS DECLARATION:

�� The person completing this form is personally known to me or has provided proof of identity, has signed or acknowledged the person�s signature on the document in my presence and appears to be not under duress and to understand the purpose and effect of this form. In addition, I am not the person�s health care representative or alternate health care representative, and I am not the person�s attending health care provider.

�� Witness Name (print): __

�� Signature: ___

�� Date: ___

�� Witness Name (print): __

�� Signature: ___

�� Date: ___

�� 5. ACCEPTANCE BY MY HEALTH CARE REPRESENTATIVE.

�� I accept this appointment and agree to serve as health care representative.

�� Health care representative:

�� Printed name: ___

�� Signature or other verification of acceptance: ___

�� Date: ___

�� First alternate health care representative:

�� Printed name: ___

�� Signature or other verification of acceptance: ___

�� Date: ___

�� Second alternate health care representative:

�� Printed name: ___

�� Signature or other verification of acceptance: ___

�� Date: ___

[2018 c.36 �5]

�� 127.529 Form of advance directive. An advance directive executed by an Oregon resident or by a resident of any other state while physically present in this state must be in substantially the following form:

OREGON ADVANCE DIRECTIVE

FOR HEALTH CARE

�� This Advance Directive form allows you to:

�� Share your values, beliefs, goals and wishes for health care if you are not able to express them yourself.

�� Name a person to make your health care decisions if you could not make them for yourself. This person is called your health care representative and they must agree to act in this role.

�� Be sure to discuss your Advance Directive and your wishes with your health care representative. This will allow them to make decisions that reflect your wishes. It is recommended that you complete this entire form.

�� The Oregon Advance Directive for Health Care form and Your Guide to the Oregon Advance Directive are available on the Oregon Health Authority�s website.

�� In sections 1, 2, 5, 6 and 7 you appoint a health care representative.

�� In sections 3 and 4 you provide instructions about your care.

�� The Advance Directive form allows you to express your preferences for health care. It is not the same as Portable Orders for Life Sustaining Treatment (POLST) as defined in ORS 127.663. You can find more information about the POLST in Your Guide to the Oregon Advance Directive.

�� This form may be used in Oregon to choose a person to make health care decisions for you if you become too sick to speak for yourself or are unable to make your own medical decisions. The person is called a health care representative. If you do not have an effective health care representative appointment and you become too sick to speak for yourself, a health care representative will be appointed for you in the order of priority set forth in ORS 127.635 (2) and this person can only decide to withhold or withdraw life sustaining treatments if you meet one of the conditions set forth in ORS 127.635 (1).

�� This form also allows you to express your values and beliefs with respect to health care decisions and your preferences for health care.

�� If you have completed an advance directive in the past, this new advance directive will replace any older directive.

�� If your advance directive includes directions regarding the withdrawal of life support or tube feeding, you may revoke your advance directive at any time and in any manner that expresses your desire to revoke it.

�� In all other cases, you may revoke your advance directive at any time and in any manner as long as you are capable of making medical decisions.

�� 1. ABOUT ME

�� Name: ___

�� Date of Birth: ___

�� Telephone numbers: (Home) _____

�� (Work) _ (Cell) ___

�� Address: ______

�� E-mail: ___

�� 2. MY HEALTH CARE REPRESENTATIVE

�� I choose the following person as my health care representative to make health care decisions for me if I can�t speak for myself.

�� Name: ___

�� Relationship: ___

�� Telephone numbers: (Home) _____

�� (Work) _ (Cell) ___

�� Address: ______

�� E-mail: ___

�� First alternate health care representative:

�� Name: ___

�� Relationship: ___

�� Telephone numbers: (Home) _____

�� (Work) _ (Cell) ___

�� Address: ______

�� E-mail: ___

�� Second alternate health care representative:

�� Name: ___

�� Relationship: ___

�� Telephone numbers: (Home) _____

�� (Work) _ (Cell) ___

�� Address: ______

�� E-mail: ___

�� 3. MY HEALTH CARE INSTRUCTIONS

�� This section is the place for you to express your wishes, values and goals for care. Your instructions provide guidance for your health care representative and health care providers.

�� You can provide guidance on your care with the choices you make below. This is the case even if you do not choose a health care representative or if they cannot be reached.

�� A. MY HEALTH CARE DECISIONS:

�� There are three situations below for you to express your wishes. They will help you think about the kinds of life support decisions your health care representative could face. For each, choose the one option that most closely fits your wishes.

�� a. Terminal Condition

�� This is what I want if:

�� I have an illness that cannot be cured or reversed.

�� AND

�� My health care providers believe it will result in my death within six months, regardless of any treatments.

�� Initial one option only.

�� ___ I want to try all available treatments to sustain my life, such as artificial feeding and hydration with feeding tubes, IV fluids, kidney dialysis and breathing machines.

�� ___ I want to try to sustain my life with artificial feeding and hydration with feeding tubes and IV fluids. I do not want other treatments to sustain my life, such as kidney dialysis and breathing machines.

�� ___ I do not want treatments to sustain my life, such as artificial feeding and hydration with feeding tubes, IV fluids, kidney dialysis or breathing machines. I want to be kept comfortable and be allowed to die naturally.

�� ___ I want my health care representative to decide for me, after talking with my health care providers and taking into account the things that matter to me. I have expressed what matters to me in section B below.

�� b. Advanced Progressive Illness

�� This is what I want if:

�� I have an illness that is in an advanced stage.

�� AND

�� My health care providers believe it will not improve and will very likely get worse over time and result in death.

�� AND

�� My health care providers believe I will never be able to:

�� - Communicate

�� - Swallow food and water safely

�� - Care for myself

�� - Recognize my family and other people

�� Initial one option only.

�� ___ I want to try all available treatments to sustain my life, such as artificial feeding and hydration with feeding tubes, IV fluids, kidney dialysis and breathing machines.

�� ___ I do not want treatments to sustain my life, such as artificial feeding an hydration with feeding tubes, IV fluids, kidney dialysis or breathing machines. I want to be kept comfortable and be allowed to die naturally.

�� c. Permanently Unconscious

�� This is what I want if:

�� I am not conscious.

�� AND

�� If my health care providers believe it is very unlikely that I will ever become conscious again.

�� Initial one option only.

�� ___ I want to try all available treatments to sustain my life, such as artificial feeding and hydration with feeding tubes, IV fluids, kidney dialysis and breathing machines.

�� You may write in the space below or attach pages to say more about what kind of care you want or do not want.

�� B. WHAT MATTERS MOST TO ME AND FOR ME:

�� This section only applies when you are in a terminal condition, have an advanced progressive illness or are permanently unconscious. If you wish to use this section, you can communicate the things that are really important to you and for you. This will help your health care representative.

�� This is what you should know about what is important to me about my life:

�� This is what I value the most about my life:

�� This is what is important for me about my life:

�� I do not want life-sustaining procedures if I can not be supported and be able to engage in the following ways:

�� Initial all that apply.

�� ___ Express my needs.

�� ___ Be free from long-term severe pain and suffering.

�� ___ Know who I am and who I am with.

�� ___ Live without being hooked up to mechanical life support.

�� ___ Participate in activities that have meaning to me, such as:

�� If you want to say more to help your health care representative understand what matters most to you, write it here. (For example: I do not want care if it will result in....)

�� C. MY SPIRITUAL BELIEFS

�� Do you have spiritual or religious beliefs you want your health care representative and those taking care of you to know? They can be rituals, sacraments, denying blood product transfusions and more.

�� You may write in the space below or attach pages to say more about your spiritual or religious beliefs.

�� 4. MORE INFORMATION

�� Use this section if you want your health care representative and health care providers to have more information about you.

�� A. LIFE AND VALUES

�� Below you can share about your life and values. This can help your health care representative and health care providers make decisions about your health care. This might include family history, experiences with health care, cultural background, career, social support system and more.

�� You may write in the space below or attach pages to say more about your life, beliefs and values.

�� B. PLACE OF CARE:

�� If there is a choice about where you receive care, what do you prefer? Are there places you want or do not want to receive care? (For example, a hospital, a nursing home, a mental health facility, an adult foster home, assisted living, your home.)

�� You may write in the space below or attach pages to say more about where you prefer to receive care or not receive care.

�� C. OTHER:

�� You may attach to this form other documents you think will be helpful to your health care representative and health care providers. What you attach will be part of your Advance Directive.

�� You may list documents you have attached in the space below.

�� D. INFORM OTHERS:

�� You can allow your health care representative to authorize your health care providers to the extent permitted by state and federal privacy laws to discuss your health status and care with the people you write in below. Only your health care representative can make decisions about your care.

�� Name: ___

�� Relationship: ___

�� Telephone numbers: (Home) _____

�� (Work) _ (Cell) ___

�� Address: ______

�� E-mail: ___

�� 5. MY SIGNATURE

�� My signature: ___

�� Date: ___

�� 6. WITNESS

�� COMPLETE EITHER A OR B WHEN YOU SIGN

�� A. NOTARY:

�� State of ______

�� County of ______

�� Signed or attested before me on _____,

�� 2, by ______.

�� ______

�� Notary Public - State of Oregon

�� B. WITNESS DECLARATION:

�� The person completing this form is personally known to me or has provided proof of identity, has signed or acknowledged the person�s signature on the document in my presence and appears to be not under duress and to understand the purpose and effect of this form. In addition, I am not the person�s health care representative or alternative health care representative, and I am not the person�s attending health care provider.

�� Witness Name (print): __

�� Signature: ___

�� Date: ___

�� Witness Name (print): __

�� Signature: ___

�� Date: ___

�� 7. ACCEPTANCE BY MY HEALTH CARE REPRESENTATIVE

�� I accept this appointment and agree to serve as health care representative.

�� Health care representative:

�� Printed name: ___

�� Signature or other verification of acceptance:

�� ___

�� Date: ___

�� First alternate health care representative:

�� Printed name: ___

�� Signature or other verification of acceptance:

�� ___

�� Date: ___

�� Second alternate health care representative:

�� Printed name: ___

�� Signature or other verification of acceptance:

�� ___

�� Date: ___

[2021 c.328 �2]

�� 127.530 [1989 c.914 �6; repealed by 1993 c.767 �7 (127.531 enacted in lieu of 127.530)]

�� 127.531 [1993 c.767 �8 (enacted in lieu of

ORS 127.800

127.800 to 127.897 which can be given full effect without the invalid section or application. [1995 c.3 �5.01]

(Form of the Request)

(Section 6)

�� 127.897 �6.01. Form of the request. A request for a medication as authorized by ORS 127.800 to 127.897 shall be in substantially the following form:

REQUEST FOR MEDICATION

TO END MY LIFE IN A HUMANE

AND DIGNIFIED MANNER

�� I, ____, am an adult of sound mind.

�� I am suffering from ___, which my attending physician has determined is a terminal disease and which has been medically confirmed by a consulting physician.

�� I have been fully informed of my diagnosis, prognosis, the nature of medication to be prescribed and potential associated risks, the expected result, and the feasible alternatives, including comfort care, hospice care and pain control.

�� I request that my attending physician prescribe medication that will end my life in a humane and dignified manner.

�� INITIAL ONE:

�� ______ I have informed my family of my decision and taken their opinions into consideration.

�� ______ I have decided not to inform my family of my decision.

�� ______ I have no family to inform of my decision.

�� I understand that I have the right to rescind this request at any time.

�� I understand the full import of this request and I expect to die when I take the medication to be prescribed. I further understand that although most deaths occur within three hours, my death may take longer and my physician has counseled me about this possibility.

�� I make this request voluntarily and without reservation, and I accept full moral responsibility for my actions.

�� Signed: ___

�� Dated: ___

DECLARATION OF WITNESSES

�� We declare that the person signing this request:

�� (a) Is personally known to us or has provided proof of identity;

�� (b) Signed this request in our presence;

�� (c) Appears to be of sound mind and not under duress, fraud or undue influence;

�� (d) Is not a patient for whom either of us is attending physician.

�� __ Witness 1/Date

�� __ Witness 2/Date

�� NOTE: One witness shall not be a relative (by blood, marriage or adoption) of the person signing this request, shall not be entitled to any portion of the person�s estate upon death and shall not own, operate or be employed at a health care facility where the person is a patient or resident. If the patient is an inpatient at a health care facility, one of the witnesses shall be an individual designated by the facility.

[1995 c.3 �6.01; 1999 c.423 �11]

(Short Title)

�� 127.899 Short title. ORS 127.800 to 127.897 shall be known as the Oregon Death with Dignity Act. [2023 c.241 �5]

�� 127.990 [Formerly part of 97.990; repealed by 1993 c.767 �29]

PENALTIES

�� 127.995 Penalties. (1) It shall be a Class A felony for a person without authorization of the principal to willfully alter, forge, conceal or destroy an instrument, the reinstatement or revocation of an instrument or any other evidence or document reflecting the principal�s desires and interests, with the intent and effect of causing a withholding or withdrawal of life-sustaining procedures or of artificially administered nutrition and hydration which hastens the death of the principal.

�� (2) Except as provided in subsection (1) of this section, it shall be a Class A misdemeanor for a person without authorization of the principal to willfully alter, forge, conceal or destroy an instrument, the reinstatement or revocation of an instrument, or any other evidence or document reflecting the principal�s desires and interests with the intent or effect of affecting a health care decision. [Formerly 127.585]

ORS 128.414

128.414; 2005 c.726 �2; 2015 c.367 �12]

�� Note: See note under 97.923.

�� 97.933 Certification of provider of prearrangement or preconstruction sales; annual reports; rules; audits; fees. (1) An entity may not engage in prearrangement sales or preconstruction sales, administer prearrangement sales or preconstruction sales or provide merchandise or services to fulfill prearrangement sales or preconstruction sales unless the entity is certified by the Director of the Department of Consumer and Business Services. Each location at which an entity engages in prearrangement sales or preconstruction sales, administers prearrangement sales or preconstruction sales or provides merchandise or services to fulfill prearrangement sales or preconstruction sales must be separately certified. The director shall:

�� (a) Establish procedures for issuing certificates required by this section.

�� (b) Establish standards for determining whether a certificate should be issued.

�� (c) Set certification and renewal fees.

�� (d) Require annual renewal of certification.

�� (e) Establish standards for rules of conduct of certified providers.

�� (2) The fees described in this section must be sufficient to meet the costs associated with the administration of ORS 97.923 to 97.949 and to maintain a reasonable emergency fund.

�� (3)(a) A certified provider shall file an annual report with the director on forms prescribed by the director by rule. The annual report must contain any information reasonably considered necessary by the director, including but not limited to:

�� (A) A disclosure of deposits and withdrawals of trust funds;

�� (B) The number of consecutively numbered prearrangement or preconstruction sales contracts sold during the reporting period;

�� (C) A complete inventory of the funeral merchandise and cemetery merchandise delivered in lieu of trust fund requirements under ORS 97.941, including:

�� (i) The location of the merchandise;

�� (ii) Merchandise serial numbers or warehouse receipt numbers identified by the name of the purchaser or the beneficiary; and

�� (iii) The statement of the certified provider that each item of merchandise is in the seller�s possession at the specified location; and

�� (D) The number of withdrawals from or terminations of any trusts.

�� (b) If the annual report is not filed or is filed and shows any material discrepancy, the director may take appropriate action and send notification of the matter to the State Mortuary and Cemetery Board.

�� (c) The director may relieve a certified provider of the duty to file the annual report upon a determination that the certified provider has performed all obligations under the prearrangement sales contract or preconstruction sales contract, or that such obligations lawfully have been assumed by another certified provider or have been discharged or canceled.

�� (4) The director may audit the records of a certified provider that relate to prearrangement sales or preconstruction sales, as the director may consider appropriate. The director may refer any matter outside of normal auditing procedures to the office of the Attorney General for investigation and send notification of the referral to the State Mortuary and Cemetery Board.

�� (5) The conduct of individuals, including salespersons as defined in ORS 97.923, employed by a certified provider is the direct responsibility of the certified provider.

�� (6) Authority to operate as a certified provider is not transferable. An entity that seeks to purchase or otherwise acquire control of a cemetery or funeral establishment shall first apply to the director to become a certified provider. [2001 c.796 �1; 2003 c.362 �3; 2007 c.661 �15; 2012 c.7 �4]

�� Note: See note under 97.923.

�� 97.935 Registration of master trustees; annual reports; rules; annual audits; fees. (1) An entity may not operate as a master trustee unless the entity is registered with the Director of the Department of Consumer and Business Services. The director shall:

�� (a) Establish procedures for registering master trustees under this section.

�� (b) Establish standards for master trustees.

�� (c) Set registration and renewal fees.

�� (d) Establish standards for rules of conduct of master trustees.

�� (2)(a) A master trustee shall file an annual report with the director on forms prescribed by the director by rule. The annual report must contain any information reasonably considered necessary by the director, including but not limited to:

�� (A) A disclosure of changes in trust deposits; and

�� (B) A list of all certified providers for which the master trustee holds funds and the total amount of funds held for each certified provider.

�� (b) The director may take appropriate action under ORS 97.948 and 97.949 if a master trustee fails to file the annual report or the report contains any material discrepancy.

�� (c) The director may relieve a master trustee of the duty to file the annual report upon a determination that the master trustee has performed all obligations under the trust agreement with each certified provider, or that the master trustee�s obligations have been lawfully assumed by another master trustee or have been discharged or canceled.

�� (3) The director may conduct an annual audit of a master trustee. The director shall prescribe the form of audits under this section by rule.

�� (4) A master trustee who is audited under this section shall pay all expenses and costs incurred by the director in conducting the audit. [2001 c.796 �2; 2003 c.362 �4; 2007 c.661 �16; 2012 c.7 �5]

�� Note: See note under 97.923.

�� 97.936 Emergency orders of suspension or restriction. (1) In addition to other actions authorized under ORS 97.948 (2), the Director of the Department of Consumer and Business Services may:

�� (a) Issue an emergency order suspending or restricting a certificate or registration or ordering a certified provider or master trustee or an entity acting as a certified provider or master trustee to cease and desist from specified conduct; or

�� (b) Take other action deemed necessary by the director in the circumstances.

�� (2) The director shall promptly provide opportunity for hearing pursuant to ORS chapter 183.

�� (3) Emergency orders are:

�� (a) Effective when issued;

�� (b) Reviewable as provided in ORS 183.480; and

�� (c) Enforceable in the courts of this state. [2007 c.661 �23; 2012 c.7 �6]

�� Note: See note under 97.923.

�� 97.937 Deposit of trust funds made by endowment care cemeteries. (1) This section applies to trust deposits required to be made by endowment care cemeteries under ORS 97.929.

�� (2) As used in this section, �common trust account� means trust funds received by a provider from two or more purchasers.

�� (3) All such trust funds shall be deposited by the provider with a financial institution in the State of Oregon carrying deposit insurance, within 15 days after receipt thereof. A trust fund shall be held in a separate account in the name of the provider followed by the words �funeral plan trust account,� in trust for the person for whom such prearranged funeral plan is made, or in a common trust account in the name of the provider in trust for each person for whom such prearranged funeral plan is made, until a trust fund is released under any of the following conditions:

�� (a) Upon presentation of proof of the death of the person for whom a prearranged funeral plan is made, the financial institution shall release the principal and accrued income allocable to that person�s account to the provider.

�� (b) Upon presentation of the written request of the purchaser of a revocable trust, the financial institution shall release the principal and accrued income allocable to the purchaser�s account as directed in such request.

�� (c) Upon presentation of proof of the death, dissolution, insolvency or merger with another of the provider of a revocable trust, the financial institution shall release the principal and accrued income allocable to each purchaser�s account to that purchaser.

�� (d) Upon presentation of proof of the death, dissolution, insolvency or merger with another of the provider of an irrevocable trust, the financial institution shall continue to hold such trust fund subject to the funeral plan trust, and upon appointment of a successor provider by the purchaser, the purchaser�s legal representative, the Director of the Department of Consumer and Business Services or a court of competent jurisdiction, the financial institution shall release such trust fund to the successor provider only as provided in paragraph (a) of this subsection.

�� (4) If trust funds are held in a common trust account under subsection (3) of this section, the provider shall maintain records showing the purchaser and beneficiary of each individual trust fund in the account and the allocation to each individual trust fund of interest earned by the account. The records concerning allocation of interest must be updated at least annually.

�� (5) The provider may appoint a successor depository. The original depository shall only release the trust funds to the successor depository as described in subsections (1) to (4) of this section.

�� (6) The financial institution is not responsible for the fulfillment of any prearranged funeral plan, excepting only such financial institution shall release a trust fund as provided in this section.

�� (7) The director may appoint a successor provider upon a determination that the original provider has ceased to provide the kinds of services and things which the original provider agreed to provide, that the purchaser or the purchaser�s legal representative cannot be readily identified or contacted and that the appointment of a successor provider is appropriate in order to protect the interests of the trust beneficiaries. Financial institutions holding deposits of such trust funds shall change their records to reflect such appointment of a successor provider upon receipt of written notice of the appointment from the director. Where the director proposes to take such action under this subsection, the provider being replaced shall be accorded notice and an opportunity for hearing as provided in ORS chapter 183. [Formerly 128.415; 2007 c.661 �17]

�� Note: See note under 97.923.

�� 97.939 Prearrangement or preconstruction sales contracts; contents; delivery. (1) Three copies of a written sales contract shall be executed for each prearrangement sales contract or preconstruction sales contract sold by a certified provider. The certified provider shall retain one copy of the contract and a copy of the completed contract shall be given to:

�� (a) The purchaser; and

�� (b) The depository or the master trustee, if applicable.

�� (2) Upon receiving trust funds under ORS 97.941, the master trustee shall sign a copy of the contract received under subsection (1) of this section, retain a copy for its files and return the contract to the purchaser.

�� (3) Each completed contract shall:

�� (a) Comply with the plain language standards described in ORS 180.545 (1);

�� (b) Be consecutively numbered;

�� (c) Have a corresponding consecutively numbered receipt;

�� (d) Be preprinted or, if the certified provider uses a master trustee, be obtained from the master trustee;

�� (e) Identify the purchaser and certified provider who sold the contract;

�� (f) Specify whether the contract is a guaranteed contract or a nonguaranteed contract;

�� (g) Specify the specific funeral or cemetery merchandise or services or undeveloped interment spaces included and not included in the contract; and

�� (h) If a guaranteed contract, disclose that the certified provider is entitled to receive 10 percent of the sales price.

�� (4)(a) Notwithstanding ORS 97.943 (8), in the case of a prearrangement sales contract, if at the time of entering into the contract, the beneficiary of the contract is a recipient of public assistance or medical assistance, as defined in ORS

ORS 128.766

128.766.

�� (2) Charitable contributions described in subsection (1) of this section shall not be added to federal taxable income if the taxpayer provides to the Department of Revenue a written document that the taxpayer received from the organization to which the contribution was made that:

�� (a) Acknowledges receipt of the contribution by the organization; and

�� (b) Does not include the disclosure required by ORS 128.763. [2013 c.260 �7]

�� 316.749 Dividend from domestic international sales corporation. (1) In addition to the other modifications to federal taxable income contained in this chapter, there shall be subtracted from federal taxable income the amount of any dividend received by the taxpayer on or after January 1, 2013, from a domestic international sales corporation formed on or before January 1, 2014, and subject to the tax imposed under ORS 317.283 (2)(a).

�� (2) As used in this section, �domestic international sales corporation� means a domestic international sales corporation as defined in section 992 of the Internal Revenue Code. [2013 s.s. c.5 �6c; 2014 c.114 �3]

�� 316.750 [1953 c.304 �97; repealed by 1957 c.632 �1 (314.845 enacted in lieu of 316.750 and 317.545)]

�� 316.751 [Formerly 316.580; repealed by 1969 c.493 �99]

(Additional Personal Exemption Credits)

�� 316.752 Definitions for ORS 316.752 to 316.771. For purposes of ORS 316.752 to 316.771:

�� (1) A person has a �severe disability� if the person:

�� (a) Has lost the use of one or more lower extremities;

�� (b) Has lost the use of both hands;

�� (c) Is disabled as that term is defined in section 72(m)(7) of the Internal Revenue Code, to a degree that the person is unable to engage in any substantial gainful activity; or

�� (d) Has a physical or mental condition that limits the abilities of the person to earn a living, maintain a household or provide personal transportation for the person without employing orthopedic or medical equipment or outside help.

�� (2) �Orthopedic or medical equipment� includes, but is not limited to, wheelchairs, braces, prostheses or special crutches.

�� (3) �Outside help� includes, but is not limited to, unrelated individuals whom the taxpayer with a severe disability employs to keep house, maintain the house or yard, or to transport the taxpayer. [Formerly 316.135; 1987 c.158 �50; 1989 c.224 �51; 2007 c.70 �85; 2009 c.909 �40]

�� 316.755 [1953 c.304 �98; repealed by 1957 c.632 �1 (314.850 enacted in lieu of 316.755)]

�� 316.758 Additional personal exemption credit for persons with severe disabilities; income limitation. (1) In addition to the personal exemption credit allowed by this chapter for state personal income tax purposes, there shall be allowed an additional personal exemption credit for the taxpayer if the taxpayer:

�� (a) Has a severe disability at the close of the taxable year; and

�� (b) Has federal adjusted gross income that does not exceed $100,000 for the tax year.

�� (2) The amount of the credit shall be equal to the amount allowed as the personal exemption credit for the taxpayer for state personal income tax purposes for the tax year. [Formerly 316.136; 1985 c.345 �10; 1987 c.293 �28; 2007 c.70 �86; 2014 c.114 �9; 2015 c.701 �15]

�� Note: Section 42, chapter 913, Oregon Laws 2009, provides:

�� Sec. 42. A credit may not be claimed under ORS 316.758 for tax years beginning on or after January 1, 2028. [2009 c.913 �42; 2015 c.701 �14; 2021 c.525 �2]

�� 316.760 [1953 c.304 �99; repealed by 1957 c.632 �1 (314.855 enacted in lieu of 316.760 and 317.550)]

�� 316.761 [1957 c.586 �9; 1963 c.627 �18 (referred and rejected); 1963 s.s. c.3 �1; repealed by 1969 c.493 �99]

�� 316.765 Additional personal exemption credit for spouse of person with severe disability; conditions. (1) An additional personal exemption credit in the same amount as allowed under ORS 316.758 for a taxpayer with a severe disability shall be allowed for the spouse of the taxpayer if a separate return is made by the taxpayer, and if the spouse:

�� (a) Has a severe disability;

�� (b) Has no gross income for the calendar year in which the taxable year of the taxpayer begins; and

�� (c) Is not the dependent of another taxpayer.

�� (2) In the case of a joint return, each spouse who has a severe disability shall be allowed the additional credit in the amount provided under ORS 316.758 if the spouse otherwise qualifies under this section.

�� (3) For purposes of this section, the determination of whether the spouse has a severe disability shall be made as of the close of the taxable year of the taxpayer except that if the spouse dies during such taxable year such determination shall be made as of the time of the death of the spouse. [Formerly 316.137; 1985 c.345 �11; 1987 c.293 �29; 2007 c.70 �87]

�� Note: Section 43, chapter 913, Oregon Laws 2009, provides:

�� Sec. 43. A credit may not be claimed under ORS 316.765 for tax years beginning on or after January 1, 2016. [2009 c.913 �43]

�� 316.770 [Formerly 316.585; 1963 c.83 �1; repealed by 1969 c.493 �99]

�� 316.771 Proof of status for exemption credit. Each person qualifying for the additional personal exemption credit allowed in ORS 316.758 and 316.765 may claim the credit on the personal income tax return. However, the claim shall be substantiated by a letter from a licensed physician describing the nature and extent of the physical disability. The requirement for substantiation may be waived partially, conditionally or absolutely, as provided under ORS 315.063. [Formerly 316.138; 1985 c.345 �12; 1987 c.293 �30; 1995 c.54 �12; 2017 c.409 �7]

�� 316.775 [1957 c.586 �10; 1959 c.234 �3; repealed by 1969 c.493 �99]

(Exemptions)

�� 316.777 Income derived from sources within federally recognized Indian country exempt from tax. (1) Any income derived from sources within the boundaries of federally recognized Indian country in Oregon by any enrolled member of a federally recognized American Indian tribe residing in federally recognized Indian country in Oregon at the time the income is earned is exempt from tax under this chapter.

�� (2) An extract from the tribal rolls or other documentary proof of the taxpayer�s enrolled status and other additional proofs as may be required by the Department of Revenue, shall be attached to or accompany any return for any year for which exemption under subsection (1) of this section is claimed. The requirement of proof may be waived partially, conditionally or absolutely, as provided under ORS 315.063. [Formerly 316.049; 1985 c.317 �1; 1995 c.54 �17]

�� 316.778 Small city business development exemption; rules. (1) For each tax year in which a business firm receives an annual certification under ORS 285C.506, the income of the taxpayer apportionable to the certified facility of the business firm shall be exempt from tax under this chapter.

�� (2) The income of a resident taxpayer that is exempt under this section shall be determined by:

�� (a) Multiplying the federal taxable income of the taxpayer by the ratio of the taxpayer�s federal adjusted gross income derived from the business firm over the taxpayer�s federal adjusted gross income; and

�� (b) Multiplying the amount determined under paragraph (a) of this subsection by the ratio of the business firm�s income derived from the firm�s activities at the certified facility over the business firm�s income from all business activities.

�� (3) The income of a nonresident or part-year resident taxpayer that is exempt under this section shall be determined by:

�� (a) Multiplying the Oregon-sourced federal taxable income of the taxpayer by the ratio of the taxpayer�s federal adjusted gross income derived from the business firm over the taxpayer�s federal adjusted gross income; and

�� (4) The Department of Revenue shall by rule prescribe a method by which a business firm determines the extent to which the firm�s income is derived from the firm�s activities at the certified facility.

�� (5)(a) A partnership or S corporation shall report the information necessary to compute exempt income under this section to the firm�s owners within 30 days following the issuance of the annual certification to the partnership or S corporation under ORS 285C.506.

�� (b) The department may permit extensions of time for reporting the information required under this subsection.

�� (6) As used in this section:

�� (a) �Business firm� has the meaning given that term in ORS 285C.500.

�� (b) �Certified facility� means a facility, as defined in ORS 285C.500, for which an annual certification under ORS 285C.506 has been issued. [2001 c.944 �6]

�� 316.780 [1957 c.586 �11; repealed by 1969 c.493 �99]

�� 316.783 Amounts received for condemnation of Indian tribal lands. Amounts received as condemnation awards as a result of condemnation by the federal government of Indian tribal lands are exempt from the tax imposed by this chapter. [Formerly 316.050]

�� 316.785 Income derived from exercise of Indian fishing rights. Income derived from the exercise of rights of any Indian tribe to fish secured by treaty, Executive order or Act of Congress is exempt from the tax imposed by this chapter if section 7873 of the Internal Revenue Code does not permit a like federal tax to be imposed on such income. [1989 c.625 �5]

�� 316.787 Payments to Japanese and Aleuts under Civil Liberties Act of 1988. Amounts paid to an eligible individual (persons of Japanese ancestry and Aleut civilian residents of the Pribilof Islands and the Aleutian Islands) under section 1989b-4, Title I, or 1989c-5, Title II, of the Civil Liberties Act of 1988 (P.L. 100-383) shall be treated for purposes of this chapter as damages for human suffering and shall be exempt from the taxes imposed under this chapter. [1989 c.625 �4]

�� 316.788 [Formerly 316.051; repealed by 1987 c.293 �70]

�� 316.789 [1991 c.177 �2; repealed by 2013 c.194 �4]

�� 316.790 [1953 c.304 �116; 1957 c.528 �3; repealed by 1969 c.493 �99]

�� 316.791 [2005 c.519 �12; 2007 c.605 �1; repealed by 2013 c.194 �4]

�� 316.792 Military pay. (1) As used in this section:

�� (a) �Armed Forces of the United States� means all regular and reserve components of the United States Army, Navy, Air Force, Marine Corps, Coast Guard and Space Force and other uniformed services under the orders of the President of the United States.

�� (b) �Military pay� means pay for active duty, inactive duty, training and reserve component duty, including state active duty, and any other compensation, other than retirement pay or pension, paid by the Armed Forces of the United States to a member of the Armed Forces of the United States.

�� (c) �Reserve component duty� includes duty performed as a member of the reserve components that is not federal active duty.

�� (d) �Reserve components� includes all National Guard and reserve departments of the Armed Forces of the United States.

�� (e) �Uniformed services� includes the commissioned corps of the National Oceanic and Atmospheric Administration and the United States Public Health Service.

�� (2) There shall be subtracted from federal taxable income military pay received for:

�� (a) Service performed outside this state in the year of initial draft or enlistment or in the year of discharge.

�� (b) Service performed outside this state during any month beginning on or after August 1, 1990, and before the date designated by the President of the United States as the date of termination of combatant activities in the Persian Gulf Desert Shield area.

�� (c) Service by a member of the reserve components, if:

�� (A) The military pay is for service performed when the taxpayer is away from the home of the taxpayer overnight;

�� (B) The taxpayer is required to be away from home overnight in order to perform the service; and

�� (C) The service is of a duration of at least 21 consecutive days, although the consecutive days need not be in the same tax year.

�� (d) Service performed by a member of the Oregon National Guard while in active service of the state or on state active duty, as defined in ORS 396.005.

�� (e) Service not otherwise qualified for a subtraction under paragraphs (a) to (d) of this subsection, not to exceed $6,000 per year.

�� (3) The total amount subtracted under this section may not exceed the taxpayer�s total military pay included in federal taxable income for the tax year. [2013 c.194 �2; 2023 c.490 �6; 2025 c.453 �7]

�� Note: Section 7, chapter 490, Oregon Laws 2023, provides:

�� Sec. 7. The amendments to ORS 316.792 by section 6 of this 2023 Act apply to tax years beginning on or after January 1, 2021. [2023 c.490 �7]

(Exemption for Certain Sales or Closures of Manufactured Dwelling Parks)

�� Note: Sections 6 and 7, chapter 826, Oregon Laws 2005, provide:

�� Sec. 6. Amounts received as a result of the sale of a manufactured dwelling park are exempt from the tax imposed by this chapter [ORS chapter 316]:

�� (1) If the sale is made to a corporate entity formed by the tenants of the park, or by a nonprofit corporation or housing authority, as described in ORS 90.844.

�� (2) If the manufactured dwelling park has been destroyed by a natural disaster, as defined in section 2, chapter 260, Oregon Laws 2021 [197.488], and the sale is made to a nonprofit corporation or housing authority that will redevelop the site as a manufactured dwelling park. [2005 c.826 �6; 2014 c.89 �16; 2015 c.217 �9; 2021 c.528 �21]

�� Sec. 7. (1) Section 6, chapter 826, Oregon Laws 2005, applies to tax years beginning on or after January 1, 2006, and before January 1, 2032.

�� (2) The amendments to section 6, chapter 826, Oregon Laws 2005, by section 9, chapter 217, Oregon Laws 2015, apply to tax years beginning on or after January 1, 2015, and before January 1, 2032.

�� (3) The amendments to section 6, chapter 826, Oregon Laws 2005, by section 21, chapter 528, Oregon Laws 2021, apply to tax years beginning on or after January 1, 2021, and before January 1, 2032. [2005 c.826 �7; 2007 c.906 �21; 2013 c.750 �36; 2015 c.217 �14; 2019 c.579 �20; 2021 c.528 �22; 2025 c.562 �7]

�� 316.794 [Formerly 316.052; repealed by 1987 c.293 �70]

�� 316.795 Exemption for payments to tenants of manufactured dwelling parks upon termination of rental agreement. Amounts received by a taxpayer under ORS 90.645 (1) are exempt from the taxes imposed by this chapter. [2007 c.906 �12]

(First-time Home Buyer Savings Accounts)

�� 316.796 Definitions. As used in ORS 316.796 to 316.808:

�� (1) �Account holder� means an individual who establishes a first-time home buyer savings account.

�� (2) �Allowable closing costs� means disbursements listed in a settlement statement for the purchase of a single family residence by an account holder or a qualified beneficiary.

�� (3) �Eligible costs� means the down payment and allowable closing costs for the purchase of a single family residence by an account holder or a qualified beneficiary.

�� (4) �Financial institution� means a bank, a trust company, a commercial bank, a national bank, a savings bank, a savings and loan, a thrift institution, a credit union, an insurance company, a mutual fund, an investment firm or a similar entity authorized to do business in this state.

�� (5) �First-time home buyer� means an individual who is a resident of this state and has not owned or purchased, either individually or jointly, a single family residence during a period of three years prior to the date of the purchase of a single family residence.

�� (6) �First-time home buyer savings account� or �account� means an account established as a first-time home buyer savings account that the account holder designates for the purpose of paying or reimbursing eligible costs for the purchase of a single family residence in this state by the account holder or by a qualified beneficiary.

�� (7) �Qualified beneficiary� means an individual who is designated by an account holder as the account holder�s intended recipient of funds to be withdrawn from a first-time home buyer savings account and used for purposes consistent with ORS 316.796 to

ORS 130.010

130.010.

�� (2) A person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in ORS 130.185 or 130.190 has the rights of a qualified beneficiary under this chapter.

�� (3) A person appointed as a trust enforcer of a stewardship trust as provided in ORS 130.193 has the rights of a qualified beneficiary under this chapter.

�� (4) The Attorney General has the rights of a qualified beneficiary with respect to a charitable trust having its principal place of administration in Oregon. [2005 c.348 �10; 2009 c.275 �5; 2019 c.162 �3]

�� 130.045 UTC 111. Nonjudicial settlement agreements. (1) For purposes of this section, �interested persons� means:

�� (a) Any settlor of a trust who is living;

�� (b) All qualified beneficiaries;

�� (c) Any acting trustee of the trust;

�� (d) The Attorney General if the trust is a charitable trust; and

�� (e) All members of a trust stewardship committee acting pursuant to ORS 130.193.

�� (2) If the trust or a portion of the trust is a charitable trust and is irrevocable, and the settlor retains a power to change the beneficiaries of the charitable trust during the settlor�s lifetime or upon the settlor�s death, the Attorney General shall be substituted as the sole interested person to represent all charitable trust beneficiaries whose beneficial interests are subject to the settlor�s retained power.

�� (3)(a) Except as otherwise provided in subsection (4) of this section, interested persons may enter into a nonjudicial settlement agreement with respect to any matter involving a trust.

�� (b) If the agreement is not filed with the court under subsection (6) of this section, the agreement is binding on all parties to the agreement.

�� (c) If the agreement is filed with the court, the agreement is binding as provided in subsections (6) and (7) of this section unless, after the filing of objections and a hearing, the court does not approve the agreement. If the court does not approve the agreement, the agreement is not binding on any beneficiary or party to the agreement.

�� (4) A nonjudicial settlement agreement is valid only to the extent the agreement does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this chapter or other applicable law.

�� (5) Matters that may be resolved by a nonjudicial settlement agreement include:

�� (a) The interpretation or construction of the terms of the trust or other writings that affect the trust.

�� (b) The approval of a trustee�s report or accounting.

�� (c) Direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power.

�� (d) The resignation or appointment of a trustee or cotrustee and the determination of a trustee�s compensation.

�� (e) Transfer of a trust�s principal place of administration.

�� (f) Liability of a trustee for an action or failure to act relating to the trust.

�� (g) Determining classes of creditors, beneficiaries, heirs, next of kin or other persons.

�� (h) Resolving disputes arising out of the administration or distribution of the trust.

�� (i) Modifying the terms of the trust, including extending or reducing the period during which the trust operates.

�� (6)(a) Any interested person may file a settlement agreement entered into under this section, or a memorandum summarizing the provisions of the agreement, with the circuit court for any county where trust assets are located or where the trustee administers the trust.

�� (b) After collecting the fee provided for in subsection (8) of this section, the clerk shall enter the agreement or memorandum of record in the court�s register.

�� (c) Within five days after the filing of an agreement or memorandum under this subsection, the person making the filing must serve a notice of the filing and a copy of the agreement or memorandum on each beneficiary of the trust whose address is known at the time of the filing and who is not a party to the agreement. Service may be made personally, or by registered or certified mail, return receipt requested. The notice of filing shall be substantially in the following form:

CAPTION�� NOTICE OF FILING OF

OF CASE�� SETTLEMENT AGREEMENT

�� OR MEMORANDUM OF

�� SETTLEMENT AGREEMENT

�� You are hereby notified that the attached document was filed by the undersigned in the above entitled court on the _____ day of

__, _. Unless you file objections to the agreement within 60 days after that date, the agreement will be approved and will be binding on all beneficiaries and parties to the agreement.

�� If you file objections within the 60-day period, the court will fix a time and place for a hearing. At least 10 days before the date of that hearing, you must serve a copy of your objections and give notice of the time and place of the hearing to all beneficiaries and parties to the agreement. See ORS 130.045.

Signature

�� (d) Proof of mailing of the notices required under this subsection must be filed with the court. Proof of service may be made by a certificate of service in the form provided by ORCP 7 F, by a signed acceptance of service or by a return receipt from the postal authorities.

�� (e) If no objections are filed with the court within 60 days after the filing of the agreement or memorandum, the agreement is effective and binding on all beneficiaries who received notice under paragraph (c) of this subsection and all beneficiaries who waived notice under subsection (7)(e) of this section.

�� (7)(a) If objections are filed with the court within 60 days after the filing of a settlement agreement or memorandum under this section, the clerk of the court shall collect the fee provided in subsection (8) of this section. Upon the filing of objections, the court shall fix a time and place for a hearing. The person filing the objections must serve a copy of the objections on all beneficiaries who are parties to the agreement and all beneficiaries who received notice under subsection (6)(c) of this section, and give notice to those persons of the time and place fixed by the court for a hearing. Service must be made at least 10 days before the date set by the court for the hearing. Service of the objections may be made personally or by registered or certified mail, return receipt requested.

�� (b) Proof of mailing of objections must be filed with the court. Proof of service may be made by a certificate of service in the form provided by ORCP 7 F, by a signed acceptance of service or by a return receipt from the postal authorities.

�� (c) The court shall approve an agreement entered into under this section after a hearing upon objections filed under this subsection unless:

�� (A) The agreement does not reflect the signatures of all persons required by this section;

�� (B) The agreement is not authorized by this section; or

�� (C) Approval of the agreement would not be equitable to beneficiaries who are not interested persons and who are not parties to the agreement.

�� (d) An agreement approved by the court after a hearing is binding on all beneficiaries and parties to the agreement.

�� (e) Beneficiaries entitled to notice under subsection (6)(c) of this section may waive the notice.

�� (8) The clerk of the circuit court shall collect in advance the filing fees established under ORS 21.135 for the filing of an agreement or memorandum of agreement under subsection (6) of this section and for the filing of objections under subsection (7) of this section. [2005 c.348 �11; 2009 c.275 �6; 2011 c.595 �30; 2013 c.529 �2; 2019 c.162 �4]

JUDICIAL PROCEEDINGS

�� 130.050 UTC 201. Role of court in administration of trust. (1) A court may intervene in the administration of a trust to the extent the court�s jurisdiction is invoked by an interested person or as provided by law.

�� (2) A trust is not subject to continuing judicial supervision unless ordered by a court.

�� (3) A judicial proceeding may relate to any matter involving a trust�s administration, including a request for instructions or a declaratory judgment action. [2005 c.348 �12]

�� 130.055 UTC 202. Jurisdiction over trustee and beneficiary. (1) By accepting the trusteeship of a trust having its principal place of administration in Oregon or by moving the principal place of administration to this state, the trustee submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust.

�� (2) The beneficiaries of a trust having its principal place of administration in Oregon are subject to the jurisdiction of the courts of Oregon regarding any matter involving the beneficiaries� interests in the trust. By accepting a distribution from such a trust, the recipient submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust.

�� (3) This section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary or other person receiving property from the trust. [2005 c.348 �13]

�� 130.060 UTC 203. Subject-matter jurisdiction. Except as provided in ORS 130.355, the circuit court has jurisdiction of proceedings in this state concerning the administration of a trust. [2005 c.348 �14; 2009 c.275 �7]

�� 130.065 UTC 204. Venue. (1) Except as otherwise provided in this section, venue for a judicial proceeding involving a trust is in the county in which the trust�s principal place of administration is or will be located.

�� (2) If a trust is created by will and the estate is not yet closed, venue for a judicial proceeding involving a trust is in the county in which the decedent�s estate is being administered.

�� (3) If a trust has no trustee, venue for a judicial proceeding for the appointment of a trustee is in a county in which a beneficiary resides, in a county in which any trust property is located and, if the trust is created by will, in the county in which the decedent�s estate was or is being administered. [2005 c.348 �15]

REPRESENTATION

�� 130.100 UTC 301. Representation; basic effect. (1) Notice to a person who may represent and bind another person under ORS

ORS 130.350

130.350 to 130.450 in the same manner as other claims. If the debt becomes absolute or liquidated before distribution of the trust estate, the claim shall be paid in the same manner as a claim on an absolute or liquidated debt.

�� (2) If a contingent or unliquidated debt does not become absolute or liquidated before distribution of the trust estate, the trustee may provide for payment of the claim by any of the following methods:

�� (a) The creditor and trustee may determine, by agreement, arbitration or compromise, the value of the debt and the claim may be allowed and paid in the same manner as a claim on an absolute or liquidated debt.

�� (b) The trustee may distribute the trust estate, but retain sufficient funds to pay the claim if and when the debt becomes absolute or liquidated. Distribution of trust assets may not be delayed under this paragraph for more than two years after distribution would otherwise be required by the terms of the trust. If the debt does not become absolute or liquidated within that time, the funds retained, after payment therefrom of any expenses accruing during that time, shall be distributed to the beneficiaries.

�� (3) A court may order the trustee to make distribution of the trust estate as though the claim did not exist.

�� (4) If after distribution under subsection (2)(b) or (3) of this section the debt becomes absolute or liquidated, the beneficiaries are liable to the creditor to the extent of the trust estate received by them. Payment of the debt may be arranged by creating a trust, giving a mortgage, securing a bond from a distributee or by other method. [Formerly 128.278]

�� 130.400 Allowance and disallowance of claims. (1) The trustee may compromise a claim against the trust estate.

�� (2) A claim presented to a trustee under ORS 130.350 to 130.450 shall be considered allowed as presented unless within 60 days after the date of presentment of the claim the trustee mails or delivers a notice of disallowance of the claim in whole or in part to the claimant and to the attorney of the claimant if the claimant has an attorney.

�� (3) A notice of disallowance of a claim shall inform the claimant that the claim has been disallowed in whole or in part and, to the extent disallowed, will be barred unless the claimant requests a summary determination or brings an action in the manner provided by subsection (4) of this section.

�� (4) If a trustee disallows a claim submitted under ORS 130.350 to 130.450 in whole or in part, the claimant, within 30 days after the date of mailing or delivery of the notice of disallowance, may:

�� (a) File a request for summary determination of the claim in the probate court, with proof of service of a copy of the request upon the trustee or the attorney of the trustee; or

�� (b) Commence a separate action against the trustee on the claim in the probate court.

�� (5) If the claimant fails either to request a summary determination or commence a separate action as provided in subsection (4) of this section, the claim is barred to the extent the claim has been disallowed by the trustee.

�� (6) If a claimant prevails in a proceeding or action under subsection (4) of this section, the claim shall be allowed or judgment entered in the full amount determined to be due to the claimant. The claim or judgment shall be paid from the assets of the trust estate only to the extent that funds are available after payment of other claims with higher priority under ORS 130.425.

�� (7) If the claimant files a request for summary determination of a claim under subsection (4) of this section, the trustee may notify the claimant in writing that the claimant must commence a separate action against the trustee on the claim within 60 days after the claimant receives the notice. Notice under this subsection must be given by the trustee within 30 days after the request for summary determination is served on the trustee or the attorney of the trustee. If the claimant fails to commence a separate action within the time allowed, the claim is barred to the extent the claim has been disallowed by the trustee.

�� (8) In a proceeding for summary determination under this section:

�� (a) The trustee shall make response to the claim as though the claim were a complaint filed in an action.

�� (b) The court shall hear the matter without a jury, after notice to the claimant and trustee. The court shall determine the claim in a summary manner, and shall make an order allowing or disallowing the claim in whole or in part.

�� (c) No appeal may be taken from the order of the court made in a proceeding for summary determination under this section.

�� (9) If a civil action is commenced under subsection (4) of this section, a trustee, or beneficiary, may petition the court to approve a proposed disposition of claims or to provide instructions on the treatment of claims.

�� (10) A claimant filing a request for summary determination of a claim under subsection (4) of this section must pay the filing fee required of a defendant or respondent under ORS 21.135 and other fees applicable to civil actions in circuit court. [Formerly

ORS 130.750

130.750 to 130.775, shall direct the investment and reinvestment of endowed care funds in the time or savings deposits of the custodian bank or savings association.

�� (2) The principal of invested endowed care funds shall never be voluntarily reduced, but shall be maintained separate and distinct by the trustee or custodian from all other funds except that it shall be proper to commingle endowment care funds with special care funds. The payment of charges chargeable against principal under ORS chapter 129 or of other expenses necessarily incurred in the administration of the trust in accordance with subsection (1) of this section shall not constitute a voluntary reduction of principal. The net income earned shall be used solely for the general care and maintenance of the cemetery property entitled to endowment care, as stipulated in the resolution, bylaw and other action or instrument by which the fund was established, and in such manner as the cemetery authority may from time to time determine to be in the best interests of such endowed property. Such net income shall never be used for the improvement or embellishment of undeveloped property offered for sale. [Amended by 1955 c.545 �4; 1985 c.450 �3; 1987 c.295 �3; 1995 c.157 �24; 1995 c.297 �1; 2003 c.279 �32; 2005 c.348 �125]

�� 97.835 Limitation of duties and liability of trustee. The trustee shall have no duty whatsoever to operate, maintain or to supervise the general maintenance of any endowment fund cemetery, and the trustee shall have no duty whatsoever to enforce collection of any of the trust funds either from the purchasers of lots, or from the cemetery authority, and the trustee shall have no duty whatsoever to see to the application of the net income after payment of the net income to the cemetery authority. The trustee shall be entitled to rely without liability upon the affidavit of the cemetery authority showing the amount payable to the trustee as endowment care funds. [1955 c.545 �6]

�� 97.840 Cemetery authority authorized to receive and hold gifts of property; disposition of gifts. A cemetery authority which has established an endowment care fund may take, receive and hold any property, real, personal or mixed, bequeathed, devised, granted, given or otherwise contributed to it for its endowment care fund. Within 30 days of the receipt of such contributions, the cemetery authority shall deposit, with the trustee or custodian of the fund to which the property was contributed, all moneys and all documents or instruments of title or conveyance evidencing the contribution. As soon as practicable, the cemetery authority shall provide for the sale of all property for fair market value and, within 30 days of the receipt of the proceeds thereof, shall deposit the proceeds with the trustee or custodian. The trustee or custodian shall execute all documents necessary to effect the sale, consistent with the purposes of this section. [Amended by 1987 c.295 �4]

�� 97.843 Endowment and special care funds are charitable. The endowment and special care funds and all payments or contributions to them are expressly permitted as and for charitable and eleemosynary purposes. Endowment care is a provision for the discharge of a duty from the persons contributing to the persons interred and to be interred in the cemetery and a provision for the benefit and protection of the public by preserving and keeping cemeteries from becoming unkempt and places of reproach and desolation in the communities in which they are situated. [Formerly 97.850]

�� 97.846 Agreements for care. (1) Upon payment of the purchase price, including the amount fixed as a proportionate contribution for endowed care, there may be included in the deed of conveyance, or by separate instrument, an agreement to care, in accordance with the plan adopted, for the cemetery and its appurtenances to the proportionate extent the income received by the cemetery authority from the contribution permits.

�� (2) Upon the application of an owner of any plot, and upon the payment by the owner of the amount fixed as a reasonable and proportionate contribution for endowed care, a cemetery authority may enter into an agreement with the owner for the care of the plot of the owner and its appurtenances. [Formerly 97.860]

�� 97.849 Authority of Department of Consumer and Business Services to take action regarding endowment care cemetery. (1) The Department of Consumer and Business Services may, if a cemetery authority responsible for an endowment care cemetery violates a provision of ORS 97.810 to 97.920 with respect to the endowment care cemetery:

�� (a) Issue an emergency order to suspend or restrict the operations of an endowment care cemetery; or

�� (b) Take other action deemed necessary by the Director of the Department of Consumer and Business Services.

�� (2) After taking an action described in subsection (1) of this section, the director shall promptly provide opportunity for a hearing pursuant to ORS chapter 183.

�� (3) An emergency order is:

�� (a) Effective upon issuance;

�� (b) Reviewable as provided in ORS 183.480; and

�� (c) Enforceable in the courts of this state. [2019 c.8 �2]

�� Note: 97.849 was added to and made a part of 97.810 to 97.920 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 97.850 [Renumbered 97.843 in 2019]

�� 97.852 Receivership of endowment care cemetery. (1) The following may petition the circuit courts of this state for an appointment of receiver for an endowment care cemetery:

�� (a) The Department of Consumer and Business Services;

�� (b) The district attorney of the county where the endowment care cemetery is located; or

�� (c) A local government with jurisdiction over the county or municipality where the endowment care cemetery is located.

�� (2) If a court determines that a receivership is necessary or advisable, the court shall appoint a receiver:

�� (a) To ensure the orderly and proper conduct of an endowment care cemetery�s professional business and affairs during or after an administrative proceeding;

�� (b) To protect the public�s interest and rights in the business, premises or activities of the endowment care cemetery;

�� (c) Upon a showing of serious and repeated violations of ORS 97.810 to 97.920 demonstrating an inability or unwillingness to comply with the provisions of ORS 97.810 to 97.920;

�� (d) To prevent loss, wasting, dissipation, theft or conversion of assets that should be marshaled and held available for the honoring of obligations under ORS 97.810 to 97.920; or

�� (e) When the court receives proof of other grounds that the court deems good and sufficient for instituting receivership action concerning the endowment care cemetery.

�� (3)(a) A receivership under this section may be temporary or for the winding up and dissolution of a business, as the petitioner may request and as the court determines to be necessary or advisable in the circumstances.

�� (b) Venue of receivership proceedings shall be in the county where the endowment care cemetery is located. The receiver shall be the petitioner or a person nominated by the petitioner and approved by the court. [2019 c.8 �3]

�� Note: 97.852 was added to and made a part of 97.810 to 97.920 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 97.860 [Renumbered 97.846 in 2019]

�� 97.865 Application of ORS 97.810 to 97.865 to religious, county and city cemeteries. (1) A cemetery authority that operates a cemetery for any religious or eleemosynary corporation, church, religious society or denomination, corporation sole administering temporalities of any church or religious society or denomination and any county or city may make an irrevocable election to have ORS 97.810 to 97.865 apply to any cemetery controlled or operated by the cemetery authority, county or city by filing a written statement indicating such action with the Director of the Department of Consumer and Business Services. The statement shall be in the form prescribed by the director and shall contain the information specified by the director.

�� (2)(a) When a cemetery authority, county or city files a statement described in this section with the director, ORS 97.810 to 97.865 applies to a cemetery controlled or operated by the cemetery authority, county or city beginning on the first day of the fiscal year next following the filing of the statement.

�� (b) ORS 294.035 does not apply to funds held by a county or city under ORS 97.810 to 97.865. [1997 c.167 �4; 2001 c.796 �25; 2007 c.661 �8]

�� 97.870 Unused and uncared for portions of cemetery declared common nuisances. (1) In all cases where a cemetery authority has owned a site for a cemetery for more than 40 years and has during that period sold lots, subdivisions of lots, pieces or parcels of the cemetery for burial purposes and the grantee or party claiming through the grantee has not used portions of such lots, subdivisions of lots, pieces or parcels of the cemetery for purposes of burial and has not kept them free of weeds or brush, but has allowed them to remain entirely unused for more than 40 years or uncared for and unused for more than 20 years prior to the adoption of the resolution provided for in ORS 97.880, and such lots, subdivisions of lots, pieces and parcels of the cemetery are adjacent to improved parts thereof, and by reason of their uncared-for condition detract from the appearance of the cemetery and interfere with the harmonious improvement thereof, and furnish a place for the propagation of weeds and brush, thereby becoming a menace to adjacent property, such lots, subdivisions of lots, pieces and parcels of such cemetery, which are unused and uncared for as aforesaid, hereby are declared to be a common nuisance and contrary to public policy.

�� (2) The provisions of this section are not applicable to portions of cemeteries which have been or are sold with agreements between the cemetery authority or its successor in interest, or both, and the grantee providing for endowment care, permanent maintenance or free care. [Amended by 1965 c.396 �7; 2007 c.661 �9]

�� 97.880 Resolution declaring a nuisance. The governing board of a cemetery authority described in ORS 97.870 may adopt a resolution declaring such unused and unimproved portion of its cemetery as is described in ORS 97.870 a common nuisance and an abandoned and unused portion of such cemetery, and may direct its officers to file the complaint described in ORS 97.890. [Amended by 1983 c.740 �9]

�� 97.890 Complaint. (1) Upon the adoption of the resolution described in ORS 97.880 the officers of the cemetery authority may file a complaint in the circuit court for the county in which the cemetery is located against the owners, holders or parties interested in such abandoned portion of its cemetery demanding that the court require such owners, holders or interested parties to keep the premises clear of weeds and brush and in condition in harmony with other lots and, if the owners, holders, or interested parties fail to appear in court and comply with the order of the court, demanding that the court make a judgment declaring such portions of the cemetery a common nuisance, directing the governing board to abate the nuisance by clearing the premises and keeping them clear of weeds and brush, creating a lien upon such lots and parcels in favor of the cemetery authority, providing that the lien be foreclosed and the lots and parcels be sold in the same manner as other sales upon execution are made and authorizing the governing board to become a purchaser thereof on behalf of the cemetery authority.

�� (2) In such suit any number of owners of different lots, subdivisions of lots, pieces or parcels of the cemetery may be included in the one suit.

�� (3) It is a sufficient designation of the property so abandoned and unimproved to give the lot number or portion thereof, or a description of the piece or parcel having no lot number, together with the name of the owner thereof, as appears on the record of the cemetery authority.

�� (4) In addition to the names of the persons that appear on the records of the cemetery authority as the record owners of such unused and unimproved portions of the cemetery, the plaintiff shall include as a defendant in a complaint the following: �Also all other persons unknown claiming any right, title, estate, lien or interest in the unused and unimproved portions of the cemetery described in the complaint.� [Amended by 2003 c.576 �358; 2007 c.661 �10]

�� 97.900 Summons. (1) Summons shall be served upon all owners or holders who are residents of this state in like manner as in service of summons in a civil action if such owners and holders are known to the sheriff in the county in which the cemetery is located. If the defendants are not known to the sheriff, it is sufficient to serve the owners and holders whose names appear on the tax rolls of the county for the year previous to that in which the suit is started. The plaintiff is not required to mail a copy of the summons or complaint to nonresident defendants.

�� (2) All owners and holders of such unimproved lots whose names do not appear on the tax rolls as aforesaid as shown by the return of the sheriff may be served by publication in any legal newspaper published in the county in which the cemetery is located for four consecutive weeks upon return of the sheriff that such owners and holders are not known and cannot be served in the jurisdiction of the sheriff.

�� (3) The published summons shall contain the names of the record owners, as shown by the records of the cemetery authority, and �also all other persons unknown claiming any right, title, estate, lien or interest in the unused and unimproved portions of the cemetery described in the complaint,� together with a brief description of the lot, or subdivisions of lots, pieces or parcels of the cemetery and a statement setting forth the order and judgment described in ORS 97.890 (1) for which the plaintiff has applied to the court in the complaint. Such summons shall require all parties defendant to appear and show cause why an order should not be made declaring the unused and unimproved portions of the cemeteries to be a common nuisance, directing the cemetery authority to abate the nuisance, creating a lien thereon, providing that it be foreclosed and directing that the unused and unimproved portion of the cemetery be sold within four weeks from and after the date of the first publication thereof. [Amended by 2003 c.576 �359; 2007 c.661 �11]

�� 97.910 Disuse as prima facie evidence of abandonment. In all cases arising under ORS 97.870 to 97.900, the fact that the owner, holder or interested party, of the unused and unimproved portion of the cemetery has not, for a term of 20 years or more, used the plot and has failed to keep it clear of weeds or brush is prima facie evidence that the owner, holder or interested party has abandoned it.

�� 97.920 Judgment declaring nuisance, authorizing abatement and creating and foreclosing lien. Upon the failure of the owner of the premises to comply with the order of the court requiring proper care of the premises or upon the failure of any of the defendants to appear and answer the complaint or upon the trial of the cause, if the court finds that the allegations of the complaint are supported by the evidence and that the summons has been served as provided in ORS 97.900, the court may enter a judgment in accordance with the allegations of the complaint and the provisions of ORS 97.890 (1). [Amended by 2003 c.576 �360]

PREARRANGEMENT SALES AND PRECONSTRUCTION SALES

�� 97.923 Definitions for ORS 97.923 to 97.949. As used in ORS 97.012, 97.923 to 97.949 and 97.994, unless the context requires otherwise:

�� (1) �Beneficiary� means the person who is to receive the funeral and cemetery merchandise, funeral and cemetery services or completed interment spaces.

�� (2) �Certified provider� means an entity certified under ORS 97.933 to:

�� (a) Sell or offer for sale prearrangement sales contracts or preconstruction sales contracts;

�� (b) Administer prearrangement sales contracts or preconstruction sales contracts; or

�� (c) Provide merchandise or services to fulfill prearrangement sales contracts or preconstruction sales contracts.

�� (3) �Delivery� occurs when:

�� (a) Physical possession of the funeral or cemetery merchandise is transferred to the purchaser; or

�� (b) If authorized by a purchaser under a purchase agreement:

�� (A) The title to the funeral or cemetery merchandise has been transferred to the purchaser, has been paid for, and is in the possession of the seller, who has documented the sale in the purchaser�s records through use of a serial or other identifying number and placed the merchandise, until needed, for storage on the seller�s premises; or

�� (B) The merchandise has been identified for the purchaser or the beneficiary as documented by the manufacturer�s receipt placed by the seller in the purchaser�s records and held by the manufacturer for future delivery.

�� (4) �Depository� means a financial institution or trust company, as those terms are defined in ORS 706.008, that is authorized to accept deposits in this state or to transact trust business in this state and is not registered as a master trustee.

�� (5) �Guaranteed contract� means a written preconstruction sales contract or prearrangement sales contract that guarantees the beneficiary the specific undeveloped space or spaces or funeral and cemetery merchandise or funeral and cemetery services contained in the contract and under which no charges other than the sales price contained in the contract are required upon delivery or performance of the funeral or cemetery merchandise or services, if:

�� (a) Required payments have been made as specified in the contract; and

�� (b) The balance of payment required by the contract is paid before the death of the beneficiary.

�� (6) �Joint trust fund account� means trust funds received by a certified provider from two or more beneficiaries.

�� (7)(a) �Master trustee� means an entity that is not a certified provider under ORS 97.923 to

ORS 131.045

131.045.

�� (11) The victim has the right:

�� (a) Upon request made within the time period prescribed in the notice required by ORS 147.417, to be notified of any hearing before the court that may result in the revocation of the defendant�s probation for a felony or person Class A misdemeanor. The notification shall be provided by:

�� (A) The district attorney if the defendant is not supervised by the supervisory authority or if the defendant is supervised by the supervisory authority and the district attorney initiates a request with the court for a probation violation or revocation hearing.

�� (B) The supervisory authority if the defendant is supervised by the supervisory authority and the supervisory authority initiates a request with the court for a probation violation or revocation hearing.

�� (b) To appear personally at the hearing.

�� (c) If present, to reasonably express any views relevant to the issues before the court.

�� (12) As used in this section:

�� (a) �Person Class A misdemeanor� has the meaning given that term in the rules of the Oregon Criminal Justice Commission.

�� (b) �Supervisory authority� has the meaning given that term in ORS 144.087. [Formerly 137.550; 2003 c.577 �14; 2005 c.264 �4; 2005 c.566 �11; 2009 c.178 �28; 2009 c.660 ��20,32; 2011 c.596 ��1,5]

�� 137.547 Consolidation of probation violation proceedings; rules. (1) Notwithstanding any other provision of law, the Chief Justice of the Supreme Court may make rules or issue orders under ORS 1.002 to establish procedures for the consolidation of probation violation proceedings pending against a probationer in multiple circuit courts.

�� (2) Rules made or orders issued under this section:

�� (a) Shall require the consent of the probationer to a consolidated probation violation proceeding and written waivers by the probationer as determined necessary or fair.

�� (b) Shall require the approval of the judge of any responding court, the initiating court and any appropriate court being considered for a consolidated probation violation proceeding.

�� (c) Shall require the approval of the district attorney of the county for any responding court, the initiating court and any court being considered as an appropriate court. [1999 c.614 �1; 2005 c.264 �5; 2013 c.155 �1]

�� Note: 137.547 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 137.550 [Amended by 1955 c.688 �2; 1965 c.346 �2; 1971 c.743 �326; 1987 c.908 �1; 1989 c.790 �17; 1991 c.196 �2; 1993 c.14 �12; 1993 c.581 �2; 1993 c.680 �17; 1997 c.313 �11; 1999 c.614 �2; renumbered 137.545 in 1999]

�� 137.551 Revocation of probationary sentences; release dates; rules. (1) The State Board of Parole and Post-Prison Supervision shall adopt rules to establish release dates for revocations of probationary sentences imposed for felonies committed before November 1, 1989.

�� (2) To the extent permissible under law, the release dates for revocation of probationary sentences imposed for felonies committed before November 1, 1989, shall be set consistent with sanctions for probation revocations as provided by rules of the Oregon Criminal Justice Commission for felonies committed on or after November 1, 1989. [1989 c.790 �18a]

�� Note: 137.551 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 137.553 Use of citations for probation violations authorized. (1) In addition to any authority granted under ORS 137.545, a court may authorize the use of citations to direct its probationers who violate conditions of probation to appear before the court. The following apply to the use of citations under this subsection:

�� (a) A court may authorize issuance of citations under this subsection only by officers who are permitted under ORS 137.545 to make an arrest without a warrant.

�� (b) Nothing in this subsection limits the authority, under ORS 137.545, of a parole and probation officer, police officer or other officer to arrest for violation of conditions of probation even if the officer is authorized under this section to issue a citation.

�� (c) A court may impose any conditions upon an authorization under this subsection that the court considers appropriate. The conditions may include, but are not limited to, requirements that citation authority be sought on a case-by-case basis, provision for citation in all cases that meet certain conditions, allowance of citation for certain types of cases or designation of certain cases where citations shall not be used.

�� (2) The cited probationer shall appear before the court at the time, date and court specified in the citation. If the probationer fails to appear at the time, date and court specified in the citation, the court may issue a warrant of arrest, upon the request of the supervisor of probation, or upon request of the district attorney, or upon the court�s own motion. [1987 c.761 �2; 2005 c.264 �6]

�� 137.557 Citation; procedure; contents. (1) If a citation is issued under ORS 137.553, the officer who issues the citation shall serve one copy of the citation to the probationer who is cited to appear and shall, as soon as practicable, file a duplicate copy with the court in which the probationer is cited to appear, along with proof of service.

�� (2) Each copy of the citation issued under ORS 137.553 shall contain:

�� (a) The name of the court at which the cited probationer is to appear.

�� (b) The name of the probationer cited.

�� (c) A brief description of the asserted probation violation, the date, the time and the place at which the violation occurred, the date on which the citation was issued and the name of the officer who issued the citation.

�� (d) The time, date and place at which the cited probationer is to appear in court.

�� (e) A notice to the effect that:

�� (A) The citation is not itself a motion to revoke probation, but that such a motion will be filed and a copy provided to the probationer when the probationer appears at court;

�� (B) The probationer must appear in court at the time set in the citation; and

�� (C) If the probationer fails to appear as directed, the court may immediately issue a warrant for the probationer�s arrest or the probationer may immediately be taken into custody by the officer responsible for supervising the probation. [1987 c.761 �3]

�� 137.560 Copies of certain judgments to be sent to Department of Corrections. Within 10 days following the issuing of any judgment of suspension of imposition or execution of sentence or of probation of any person convicted of a crime, or of the continuation, extension, modification or revocation of any such judgment, or of the discharge of such person, or the recommendation by the court to the Governor of the pardon of such person, provided such person is under the jurisdiction of the Department of Corrections, the court issuing such a judgment shall cause prompt delivery of a copy of the same to the Director of the Department of Corrections. [Amended by 1973 c.836 �271; 1979 c.75 �1; 1987 c.320 �39; 1991 c.111 �16; 1993 c.18 �23]

�� 137.570 Authority to transfer probationer from one agency to another; procedure. A court may transfer a person on probation under its jurisdiction from the supervision of one probation agency to that of another probation agency. Whenever a person sentenced to probation resides in or is to remove to a locality outside the jurisdiction of the court that sentenced the person to probation, the court may transfer the person to a parole and probation officer appointed to serve for the locality in which the person resides or to which the person is to remove:

�� (1) If the parole and probation officer sends to the court desiring to make such transfer a written statement that the parole and probation officer will exercise supervision over the person.

�� (2) If the statement is approved in writing by the judge of the court to which the parole and probation officer is attached. [Amended by 1973 c.836 �272; 1993 c.14 �13; 2005 c.264 �7]

�� 137.580 Effect of transfer of probationer from one agency to another. Whenever the transfer mentioned in ORS 137.570 is made, the court making it shall send to the probation agency to whose supervision the probationer is transferred a copy of all the records of the court as to the offense, criminal record and social history of the probationer. The probation agency shall report concerning the conduct and progress of the probationer to the court that sentenced the probationer to probation. Parole and probation officers or agencies shall have, with respect to persons transferred to their supervision from any other jurisdiction, all the powers and be subject to all the duties now imposed by law upon them in regard to probationers received on probation from courts in their own jurisdiction. [Amended by 1973 c.836 �273; 1993 c.14 �14; 2005 c.264 �8]

�� 137.590 Appointment of parole and probation officers and assistants; chief parole and probation officer. The judge or judges of any court of criminal jurisdiction, including municipal courts, may appoint, with the prior approval of the governing body of the county or city involved, and at pleasure remove, parole and probation officers and clerical assistants that may be necessary. Parole and probation officers appointed by the court shall be selected because of definite qualifications as to character, personality, ability and training. In courts where more than one parole and probation officer is appointed, one shall be designated chief parole and probation officer and shall have general supervision of the probation work of parole and probation officers appointed by and under the direction of the court. Appointments shall be in writing and entered on the records of the court. Parole and probation officers and clerical assistants appointed under this section are not state officers or employees, and their compensation and expenses shall not be paid by the state. [Amended by 1971 c.633 �12; 1973 c.836 �274; 1981 s.s. c.3 �38; 2005 c.264 �9]

�� 137.592 Policy regarding probation violations. The Legislative Assembly finds that:

�� (1) To protect the public, the criminal justice system must compel compliance with the conditions of probation by responding to violations with swift, certain and fair punishments.

�� (2) Decisions to incarcerate offenders in state prisons for violation of the conditions of probation must be made upon a reasonably systematic basis that will insure that available prison space is used to house those offenders who constitute a serious threat to the public, taking into consideration the availability of both prison space and local resources. [1993 c.680 �8]

�� Note: 137.592 to 137.599 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 137.593 Duty of corrections agencies to impose structured, intermediate sanctions for probation violations. (1) Except as otherwise provided in subsection (2) of this section, when a court suspends the imposition or execution of sentence and places a defendant on probation, or sentences a defendant to probation under the rules of the Oregon Criminal Justice Commission and orders a defendant placed under the supervision of the Department of Corrections or a county community corrections agency, the Department of Corrections or the county community corrections agency shall impose structured, intermediate sanctions for the violation of conditions of probation in accordance with rules adopted under ORS 137.595. Under no circumstances may the Department of Corrections or a county community corrections agency revoke probation.

�� (2) Notwithstanding ORS 137.124 and 423.478 and any other provision of law, the sentencing judge shall retain authority:

�� (a) To revoke probation and receive recommendations regarding revocation of probation from the supervising officer made in accordance with rules adopted under ORS

ORS 131.582

131.582. [2005 c.830 �11]

�� 131.582 Prosecution of criminal forfeiture; indictment or information; burden of proof; judgment; notice to claimants. (1) If a district attorney decides to proceed with a criminal forfeiture, the district attorney must present the criminal forfeiture to the grand jury for indictment. The indictment must allege facts sufficient to establish that the property is subject to criminal forfeiture and must comply with ORS 132.510,

ORS 131.600

131.600 do not apply to the forfeiture of a firearm or other deadly weapon that was possessed, used or available for use to facilitate a criminal offense.

�� (2) Except as provided in subsection (3) of this section, at the time of sentencing for any criminal offense in which a firearm or other deadly weapon was possessed, used or available for use to facilitate the offense, the court shall declare the weapon to be contraband and order that the weapon be forfeited.

�� (3) If a firearm or other deadly weapon that was possessed, used or available for use to facilitate a criminal offense was stolen from its lawful owner and was recovered from a person other than the lawful owner, the court may not order that the weapon be forfeited but shall order that the weapon be restored to the lawful owner as soon as the weapon is no longer needed for evidentiary purposes.

�� (4) The court shall release a firearm or other deadly weapon forfeited under subsection (2) of this section to the law enforcement agency that seized the weapon. The law enforcement agency may destroy or sell the weapon, use the weapon as a service weapon or use the weapon for training, identification or demonstration purposes. When a weapon is sold pursuant to this subsection, the law enforcement agency shall pay the proceeds from the sale, less the costs of the sale, as provided in ORS 131.594 and 131.597.

�� (5) As used in this section, �deadly weapon� has the meaning given that term in ORS 161.015. [2003 c.614 �4; 2005 c.830 �24]

�� 166.280 [Amended by 1981 c.767 �1; 1993 c.625 �2; 1997 c.480 �5; 1997 c.693 �2; repealed by 2001 c.666 �56]

�� 166.281 [2001 c.666 �52; repealed by 2003 c.614 �13]

�� 166.282 Sale of weapons by political subdivision; disposition of proceeds. (1) A political subdivision in this state that sells a weapon described in subsection (2) of this section shall pay the proceeds from the sale of the weapon, less the costs of the sale, to the account of the police agency that received the weapon, to be used for purposes of public safety, law enforcement and crime prevention and detection.

�� (2) Subsection (1) of this section applies to a weapon that is donated to the police agency. [1997 c.693 �1; 2001 c.666 ��25,37; 2003 c.614 �5]

�� 166.290 [Amended by 1973 c.391 �1; repealed by 1989 c.839 �7 (166.291 to 166.293 enacted in lieu of 166.290)]

�� 166.291 Issuance of concealed handgun license; application; fees; liability. (1) The sheriff of a county, upon a person�s application for an Oregon concealed handgun license, upon receipt of the appropriate fees and after compliance with the procedures set out in this section, shall issue the person a concealed handgun license if the person:

�� (a)(A) Is a citizen of the United States; or

�� (B) Is a legal resident noncitizen who can document continuous residency in the county for at least six months and has declared in writing to the United States Citizenship and Immigration Services the intent to acquire citizenship status and can present proof of the written declaration to the sheriff at the time of application for the license;

�� (b) Is at least 21 years of age;

�� (c) Is a resident of the county;

�� (d) Has no outstanding warrants for arrest;

�� (e) Is not free on any form of pretrial release;

�� (f) Demonstrates competence with a handgun by any one of the following:

�� (A) Completion of any hunter education or hunter safety course approved by the State Department of Fish and Wildlife or a similar agency of another state if handgun safety was a component of the course;

�� (B) Completion of any National Rifle Association firearms safety or training course if handgun safety was a component of the course;

�� (C) Completion of any firearms safety or training course or class available to the general public offered by law enforcement, community college, or private or public institution or organization or firearms training school utilizing instructors certified by the National Rifle Association or a law enforcement agency if handgun safety was a component of the course;

�� (D) Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, reserve law enforcement officers or any other law enforcement officers if handgun safety was a component of the course;

�� (E) Presents evidence of equivalent experience with a handgun through participation in organized shooting competition or military service;

�� (F) Is licensed or has been licensed to carry a firearm in this state, unless the license has been revoked; or

�� (G) Completion of any firearms training or safety course or class conducted by a firearms instructor certified by a law enforcement agency or the National Rifle Association if handgun safety was a component of the course;

�� (g) Has never been convicted of a felony or found guilty, except for insanity under ORS

ORS 133.110

133.110 in order to ensure the appearance of the respondent at court and shall enter a court�s stalking protective order.

�� (5) The circuit court may also order the respondent to undergo mental health evaluation and, if indicated by the evaluation, treatment. If the respondent is without sufficient resources to obtain the evaluation or treatment, or both, the court shall refer the respondent to the mental health agency designated by the community mental health director for evaluation or treatment, or both.

�� (6) If the circuit court, the mental health evaluator or any other persons have probable cause to believe that the respondent is dangerous to self or others or is unable to provide for basic personal needs, the court shall initiate commitment procedures as provided in ORS 426.070 or 426.180.

�� (7) A law enforcement officer shall report the results of any investigation arising from a complaint under ORS 163.744 to the district attorney within three days after presentation of the complaint.

�� (8) Except for purposes of impeachment, a statement made by the respondent at a hearing under this section may not be used as evidence in a prosecution for stalking as defined in ORS 163.732 or for violating a court�s stalking protective order as defined in ORS 163.750. [1993 c.626 �4; 1995 c.353 �4; 1997 c.863 �6; 1999 c.1052 �2; 2003 c.292 �2]

�� Note: See note under 163.730.

�� 163.741 Service of stalking protective order; entry of order into law enforcement data systems. (1) Service of a stalking protective order shall be made by personal delivery of a copy of the order to the respondent. The respondent need not be served if an order of the court indicates that the respondent appeared in person before the court.

�� (2) Whenever a stalking protective order, as authorized by ORS 163.735 or 163.738, is served on a respondent, the person serving the order shall immediately deliver to the county sheriff a true copy of proof of service, on which it is stated that personal service of the order was made on the respondent, and a copy of the order. Proof of service may be made by affidavit or by declaration under penalty of perjury in the form required by ORCP 1 E. If service of the order is not required under subsection (1) of this section, a copy of the order must be delivered to the sheriff by the court. Upon receipt of a copy of the order and notice of completion of any required service by a member of a law enforcement agency, the county sheriff shall immediately enter the order into the Law Enforcement Data System maintained by the Department of State Police and into the databases of the National Crime Information Center of the United States Department of Justice. If the order was served on the respondent by a person other than a member of a law enforcement agency, the county sheriff shall enter the order into the Law Enforcement Data System and databases of the National Crime Information Center upon receipt of a true copy of proof of service. The sheriff shall provide the complainant with a true copy of any required proof of service. Entry into the Law Enforcement Data System constitutes notice to all law enforcement agencies of the existence of the order. Law enforcement agencies shall establish procedures adequate to ensure that an officer at the scene of an alleged violation of the order may be informed of the existence and terms of the order. The order is fully enforceable in any county in this state.

�� (3) When a stalking protective order has been entered into the Law Enforcement Data System and the databases of the National Crime Information Center of the United States Department of Justice under subsection (1) of this section, a county sheriff shall cooperate with a request from a law enforcement agency from any other jurisdiction to verify the existence of the stalking protective order or to transmit a copy of the order to the requesting jurisdiction.

�� (4) When a stalking protective order is terminated by order of the court, the clerk of the court shall immediately deliver a copy of the termination order to the county sheriff with whom the original order was filed. Upon receipt of the termination order, the county sheriff shall promptly remove the original order from the Law Enforcement Data System and the databases of the National Crime Information Center of the United States Department of Justice. [1993 c.626 �5; 1999 c.1052 �3; 2007 c.255 �11; 2009 c.364 �3; 2011 c.269 �6; 2015 c.121 �25]

�� Note: See note under 163.730.

�� 163.744 Initiation of action seeking citation; complaint form. (1) A person may initiate an action seeking a citation under ORS 163.735 by presenting a complaint to a law enforcement officer or to any law enforcement agency. The complaint shall be a statement setting forth with particularity the conduct that is the basis for the complaint. The petitioner must affirm the truth of the facts in the complaint.

�� (2) The Department of State Police shall develop and distribute the form of the complaint. The form shall include the standards for reviewing the complaint and for action. The form shall be uniform throughout the state and shall include substantially the following material:

STALKING COMPLAINT

Name of petitioner (person presenting complaint): ___

Name of person being stalked if other than the petitioner: ______

Name of respondent (alleged stalker):

Description of respondent:

Length of period of conduct:

Description of relationship (if any) between petitioner or person being stalked, if other than the petitioner, and respondent:

Description of contact:

Subscribed to and affirmed by:

(signature of petitioner)

(printed name of petitioner) _________

�� Dated: ______

�� (3) A parent may present a complaint to protect a minor child. A guardian may present a complaint to protect a dependent person.

�� (4) By signing the complaint, a person is making a sworn statement for purposes of ORS 162.055 to 162.425. [1993 c.626 �6; 1995 c.353 �5]

�� Note: See note under 163.730.

�� 163.747 [1993 c.626 �7; repealed by 1995 c.353 �10]

�� 163.750 Violating a court�s stalking protective order. (1) A person commits the crime of violating a court�s stalking protective order if:

�� (a) The person has been served with a court�s stalking protective order as provided in ORS

ORS 133.860

133.860; 2005 c.22 �108]

RELEASE OF DEFENDANT

�� 135.230 Definitions for ORS 135.230 to 135.290. As used in ORS 135.230 to 135.290, unless the context requires otherwise:

�� (1) �Abuse� means:

�� (a) Attempting to cause or intentionally, knowingly or recklessly causing physical injury;

�� (b) Intentionally, knowingly or recklessly placing another in fear of imminent serious physical injury; or

�� (c) Committing sexual abuse in any degree as defined in ORS 163.415, 163.425 and 163.427.

�� (2) �Conditional release� means a nonsecurity release which imposes regulations on the activities and associations of the defendant.

�� (3) �Domestic violence� means abuse between family or household members.

�� (4) �Family or household members� means any of the following:

�� (a) Spouses.

�� (b) Former spouses.

�� (c) Adult persons related by blood or marriage.

�� (d) Persons cohabiting with each other.

�� (e) Persons who have cohabited with each other or who have been involved in a sexually intimate relationship.

�� (f) Unmarried parents of a minor child.

�� (5) �Magistrate� has the meaning provided for this term in ORS 133.030.

�� (6) �Personal recognizance� means the release of a defendant upon the promise of the defendant to appear in court at all appropriate times.

�� (7) �Primary release criteria� includes the following:

�� (a) The reasonable protection of the victim or public;

�� (b) The nature of the current charge;

�� (c) The defendant�s prior criminal record, if any, and, if the defendant previously has been released pending trial, whether the defendant appeared as required;

�� (d) Any facts indicating the possibility of violations of law if the defendant is released without regulations; and

�� (e) Any other facts tending to indicate that the defendant is likely to appear.

�� (8) �Release� means temporary or partial freedom of a defendant from lawful custody before judgment of conviction or after judgment of conviction if defendant has appealed.

�� (9) �Release agreement� means a sworn writing by the defendant stating the terms of the release and, if applicable, the amount of security.

�� (10) �Release decision� means a determination by a magistrate, using primary and secondary release criteria, which establishes the form of the release most likely to ensure the safety of the public and the victim, the defendant�s court appearance and that the defendant does not engage in domestic violence while on release.

�� (11) �Secondary release criteria� includes the following:

�� (a) The defendant�s employment status and history and financial condition;

�� (b) The nature and extent of the family relationships of the defendant;

�� (c) The past and present residences of the defendant;

�� (d) Names of persons who agree to assist the defendant in attending court at the proper time; and

�� (e) Any facts tending to indicate that the defendant has strong ties to the community.

�� (12) �Security release� means a release conditioned on a promise to appear in court at all appropriate times which is secured by cash, stocks, bonds or real property.

�� (13) �Surety� is one who executes a security release and binds oneself to pay the security amount if the defendant fails to comply with the release agreement. [1973 c.836 �146; 1993 c.731 �4; 1997 c.313 �18]

�� 135.233 Standing pretrial release orders; guidelines for orders. (1) The presiding judge of a judicial district shall enter a standing pretrial release order specifying to the sheriff of the county, or to the entity supervising the local correctional facility responsible for pretrial incarceration within the judicial district, those persons and offenses:

�� (a) Subject to release on recognizance;

�� (b) Subject to release with special conditions as specified in the order; and

�� (c) That are not eligible for release until arraignment.

�� (2) The Chief Justice of the Supreme Court, with input from a criminal justice advisory committee appointed by the Chief Justice, shall establish release guidelines for the pretrial release orders described in this section to:

�� (a) Provide consistent release decision-making structure across the state;

�� (b) Reduce reliance on the use of security;

�� (c) Include provisions for victim notification and input; and

�� (d) Balance the rights of the defendant and presumption of pretrial release against community and victim safety and the risk of failure to appear. [2021 c.643 �2]

�� 135.235 Release assistance officers; appointment; duties. (1) A presiding judge for a judicial district may appoint release assistance officers under a personnel plan established by the Chief Justice of the Supreme Court.

�� (2) A release assistance officer shall, except when impracticable, interview every person detained pursuant to law and charged with an offense. If the person is charged with a person felony or person Class A misdemeanor, as those terms are defined in the rules of the Oregon Criminal Justice Commission, or with contempt of court for violating a court order protecting or prohibiting contact with another person, the release assistance officer shall make reasonable efforts to contact the victim prior to submitting a report or making a release decision under subsection (3) of this section. If the release assistance officer is able to contact the victim:

�� (a) Information regarding the victim�s position on release, including whether special release conditions should be imposed, must be included in the report described in subsection (3) of this section, and considered by the release assistance officer if the officer makes the release decision; and

�� (b) If the information is available, the release assistance officer shall inform the victim of the location, date and time of the defendant�s arraignment or other first appearance.

�� (3) The release assistance officer shall verify release criteria information and may either:

�� (a) Timely submit a written report to the magistrate containing, but not limited to, an evaluation of the release criteria and a recommendation for the form of release; or

�� (b) If delegated release authority by the presiding judge for the judicial district, make the release decision.

�� (4) As used in this section, �victim� means an individual that the charging instrument indicates is the victim of the alleged offense or the person protected by the court order, whether or not the individual is specifically named, so long as the release assistance officer is able to confirm the identity of the individual. [1973 c.836 �147; 1981 s.s. c.3 �37; 1995 c.781 �40; 2021 c.643 �3]

�� 135.240 Releasable offenses. (1) Except as provided in subsections (2) and (4) of this section, a defendant shall be released in accordance with ORS 135.230 to 135.290.

�� (2)(a) When the defendant is charged with murder, aggravated murder or treason, release shall be denied when the proof is evident or the presumption strong that the person is guilty.

�� (b) When the defendant is charged with murder or aggravated murder and the proof is not evident nor the presumption strong that the defendant is guilty, the court shall determine the issue of release as provided in subsection (4) of this section. In determining the issue of release under subsection (4) of this section, the court may consider any evidence used in making the determination required by this subsection.

�� (3) The magistrate may conduct such hearing as the magistrate considers necessary to determine whether, under subsection (2) of this section, the proof is evident or the presumption strong that the person is guilty.

�� (4)(a) When the defendant is charged with a violent felony, release shall be denied if the court finds:

�� (A) Except when the defendant is charged by indictment, that there is probable cause to believe that the defendant committed the crime; and

�� (B) By clear and convincing evidence, that there is a danger of physical injury or sexual victimization to the victim or members of the public by the defendant while on release.

�� (b) If the defendant wants to have a hearing on the issue of release, the defendant must request the hearing at the time of arraignment in circuit court. If the defendant requests a release hearing, the court must hold the hearing within five days of the request.

�� (c) At the release hearing, unless the state stipulates to the setting of security or release, the court shall make the inquiry set forth in paragraph (a) of this subsection. The state has the burden of producing evidence at the release hearing subject to ORS 40.015 (4).

�� (d) The defendant may be represented by counsel and may present evidence on any relevant issue. However, the hearing may not be used for purposes of discovery.

�� (e) If the court determines that the defendant is eligible for release in accordance with this subsection, the court shall set security or other appropriate conditions of release.

�� (f) When a defendant who has been released violates a condition of release and the violation:

�� (A) Constitutes a new criminal offense, the court shall cause the defendant to be taken back into custody and shall order the defendant held pending trial without release.

�� (B) Does not constitute a new criminal offense, the court may order the defendant to be taken back into custody and may order the defendant held pending trial or may make a new release decision.

�� (5) For purposes of this section, �violent felony� means a felony offense in which there was an actual or threatened serious physical injury to the victim, or a felony sexual offense. [1973 c.836 �148; 1997 c.313 �19; 2001 c.104 �45; 2007 c.194 �1; 2007 c.879 �9; 2021 c.643 �4]

�� 135.242 [2008 c.52 �1; 2021 c.591 �45; repealed by 2021 c.643 �7]

�� 135.245 Release decision. (1) Except as provided in ORS 135.240, a person in custody has the right to be taken before a magistrate without undue delay.

�� (2)(a) A magistrate shall make a release decision at the time of arraignment or other first appearance after the defendant is taken into custody unless good cause to postpone the release decision is shown, in which case a release hearing shall be held pursuant to subsection (7) of this section.

�� (b) The district attorney shall make reasonable efforts to inform the victim of the location, date and time of the arraignment or other first appearance and to determine if the victim is present at the arraignment or appearance. If the victim is present, the victim has the right to reasonably express any views relevant to the issues at the appearance.

�� (c) As used in this subsection, �good cause� includes circumstances in which:

�� (A) The district attorney plans to seek preventative detention; or

�� (B) There is a reasonable belief that additional evidence exists and would be relevant to the release decision, but is not currently available.

�� (3) If the magistrate, having given priority to the primary release criteria, decides to release a defendant or to set security, the magistrate shall impose the least onerous condition reasonably likely to ensure the safety of the public and the victim and the person�s later appearance and, if the person is charged with an offense involving domestic violence, ensure that the person does not engage in domestic violence while on release. A person in custody, otherwise having a right to release, shall be released upon the personal recognizance unless:

�� (a) Release criteria show to the satisfaction of the magistrate that such a release is unwarranted; or

�� (b) Subsection (6) of this section applies to the person.

�� (4) Upon a finding that release of the person on personal recognizance is unwarranted, the magistrate shall proceed to consider conditional release under ORS 135.260. Only after determining that conditional release is unwarranted, or if otherwise required by ORS 135.230 to 135.290, may the magistrate proceed to consider security release under ORS 135.265.

�� (5) At the release hearing:

�� (a) The district attorney has a right to be heard in relation to issues relevant to the release decision; and

�� (b) The victim has the right:

�� (A) Upon request made within the time period prescribed in the notice required by ORS 147.417, to be notified by the district attorney of the release hearing;

�� (B) To appear personally at the hearing; and

�� (C) If present, to reasonably express any views relevant to the issues before the magistrate.

�� (6) If a person refuses to provide a true name under the circumstances described in ORS 135.060 and 135.065, the magistrate may not release the person on personal recognizance or on conditional release. The magistrate may release the person on security release under ORS 135.265 except that the magistrate shall require the person to deposit the full security amount set by the magistrate.

�� (7)(a) After the postponement of a release decision under subsection (2) of this section, upon the request of either party, or upon the magistrate�s own motion, the magistrate shall make a release decision or reconsider the release decision, as applicable, at a release hearing. The release hearing must be held within 48 hours of arraignment or other first appearance after the defendant is taken into custody unless both parties agree, or the court finds good cause, to hold the hearing at a later time. Under no circumstances may the release hearing be held more than five days after arraignment or other first appearance after the defendant is taken into custody unless the defendant consents to holding the hearing at a later time.

�� (b) A hearing held under this subsection may not be used for purposes of discovery.

�� (8) This section shall be liberally construed to carry out the purpose of relying upon criminal sanctions instead of financial loss to ensure the appearance of the defendant. [1973 c.836 �149; 1993 c.731 �5; 1997 c.313 �20; 2003 c.645 �6; 2009 c.178 �27; 2021 c.643 �5]

�� 135.246 Release conditions related to medical use of cannabis. (1) As used in this section, �cannabinoid concentrate,� �cannabinoid extract,� �medical cannabinoid product,� �registry identification card� and �usable marijuana� have the meanings given those terms in ORS 475C.777.

�� (2) If a person who holds a registry identification card is released under ORS 135.230 to

ORS 135.055

135.055, 151.216 and 151.219.

�� (2) For contempt of a justice court, municipal court or other public body not described in subsection (1) of this section, payment for and appointment of counsel shall be made as otherwise provided by law for the court or public body. [1991 c.724 �3; 2001 c.962 �63]

�� 33.040 [Amended by 1955 c.648 �2; 1961 c.210 �5; repealed by 1991 c.724 �32]

�� 33.045 Types of sanctions. (1) A court may impose either remedial or punitive sanctions for contempt.

�� (2) Confinement may be remedial or punitive. The sanction is:

�� (a) Remedial if it continues or accumulates until the defendant complies with the court�s order or judgment.

�� (b) Punitive if it is for a definite period that will not be reduced even if the defendant complies with the court�s order or judgment.

�� (3) A fine may be remedial or punitive. A fine is:

�� (a) Punitive if it is for a past contempt.

�� (b) Remedial if it is for continuing contempt and the fine accumulates until the defendant complies with the court�s judgment or order or if the fine may be partially or entirely forgiven when the defendant complies with the court�s judgment or order.

�� (4) Any sanction requiring payment of amounts to one of the parties to a proceeding is remedial.

�� (5) Any sanction imposed by a court for contempt is in addition to any civil remedy or criminal sanction that may be available as a result of the conduct constituting contempt. In any civil or criminal proceedings arising out of the conduct constituting contempt, the court shall take into consideration any contempt sanctions previously imposed for the same act. [1991 c.724 �4]

�� 33.050 [Repealed by 1991 c.724 �32]

�� 33.055 Procedure for imposition of remedial sanctions. (1) Except as otherwise provided in ORS 161.685, proceedings to impose remedial sanctions for contempt shall be conducted as provided in this section.

�� (2) The following persons may initiate the proceeding by filing an action and may request that the contempt defendant be ordered to appear:

�� (a) A party aggrieved by an alleged contempt of court.

�� (b) A district attorney.

�� (c) A city attorney.

�� (d) The Attorney General.

�� (e) Any other person specifically authorized by statute to seek imposition of sanctions for contempt.

�� (3) If the alleged contempt is related to another proceeding, an action to initiate a proceeding to impose remedial sanctions must be filed in accordance with rules adopted under ORS 33.145.

�� (4) The person initiating a proceeding under this section shall file supporting documentation or affidavits sufficient to give the contempt defendant notice of the specific acts alleged to constitute contempt.

�� (5)(a) The contempt defendant shall be served with the document initiating the contempt action in the manner provided in ORCP 7. The court may issue an order directing the contempt defendant to appear. Except as otherwise provided in paragraph (b) of this subsection, the contempt defendant shall be personally served with the order to appear in the manner provided in ORCP 7. If the contempt defendant is represented by counsel in a proceeding to which the action for contempt under this section is related, that counsel shall also be served with the initiating instrument and any order to appear in the manner provided in ORCP 9. The court may order service by a method other than personal service on the contempt defendant or issue an arrest warrant if, based upon motion and supporting affidavit, the court finds that the contempt defendant cannot be personally served.

�� (b) The contempt defendant shall be served by substituted service if personal service is waived under ORS 107.835. If personal service is waived under ORS 107.835, the contempt defendant shall be served by the method specified in the waiver.

�� (6) The court may impose a remedial sanction only after affording the contempt defendant opportunity for a hearing tried to the court. The contempt defendant may waive the opportunity for a hearing by stipulated order filed with the court.

�� (7) A contempt defendant has no right to a jury trial and, except as provided in this section, has only those rights accorded to a defendant in a civil action.

�� (8) A contempt defendant is entitled to be represented by counsel. A court shall not impose on a contempt defendant a remedial sanction of confinement unless, before the hearing is held, the contempt defendant is:

�� (a) Informed that such sanction may be imposed; and

�� (b) Afforded the same right to appointed counsel required in proceedings for the imposition of an equivalent punitive sanction of confinement.

�� (9) If the contempt defendant is not represented by counsel when coming before the court, the court shall inform the contempt defendant of the right to counsel, and of the right to appointed counsel if the contempt defendant is entitled to, and financially eligible for, appointed counsel under subsection (8) of this section.

�� (10) Inability to comply with an order of the court is an affirmative defense.

�� (11) In any proceeding for imposition of a remedial sanction other than confinement, proof of contempt shall be by clear and convincing evidence. In any proceeding for imposition of a remedial sanction of confinement, proof of contempt shall be beyond a reasonable doubt.

�� (12) Proceedings under this section are subject to rules adopted under ORS 33.145. Proceedings under this section are not subject to the Oregon Rules of Civil Procedure except as provided in subsection (5) of this section or as may be provided in rules adopted under ORS 33.145. [1991 c.724 �5; 1993 c.448 �7; 2001 c.962 �77; 2005 c.22 �24; 2017 c.252 �1; 2023 c.302 �10]

�� 33.060 [Amended by 1981 c.781 �1; 1983 c.561 �1; repealed by 1991 c.724 �32]

�� 33.065 Procedure for imposition of punitive sanctions. (1) Except as otherwise provided in ORS 161.685, proceedings to impose punitive sanctions for contempt shall be conducted as provided in this section.

�� (2) The following persons may initiate the proceeding by an accusatory instrument charging a person with contempt of court and seeking a punitive sanction:

�� (a) A city attorney.

�� (b) A district attorney.

�� (c) The Attorney General.

�� (3) If a city attorney, district attorney or Attorney General who regularly appears before the court declines to prosecute a contempt, and the court determines that remedial sanctions would not provide an effective alternative remedy, the court may appoint an attorney who is authorized to practice law in this state, and who is not counsel for an interested party, to prosecute the contempt. The court shall allow reasonable compensation for the appointed attorney�s attendance, to be paid by:

�� (a) The Oregon Department of Administrative Services, if the attorney is appointed by the Supreme Court, the Court of Appeals or the Oregon Tax Court;

�� (b) The city where the court is located, if the attorney is appointed by a municipal court; and

�� (c) The county where the prosecution is initiated, in all other cases.

�� (4) The prosecutor may initiate proceedings on the prosecutor�s own initiative, on the request of a party to an action or proceeding or on the request of the court. After the prosecutor files an accusatory instrument, the court may issue any order or warrant necessary to compel the appearance of the defendant.

�� (5) Except as otherwise provided by this section, the accusatory instrument is subject to the same requirements and laws applicable to an accusatory instrument in a criminal proceeding, and all proceedings on the accusatory instrument shall be in the manner prescribed for criminal proceedings.

�� (6) Except for the right to a jury trial, the defendant is entitled to the constitutional and statutory protections, including the right to appointed counsel, that a defendant would be entitled to in a criminal proceeding in which the fine or term of imprisonment that could be imposed is equivalent to the punitive sanctions sought in the contempt proceeding. This subsection does not affect any right to a jury that may otherwise be created by statute.

�� (7) Inability to comply with an order of the court is an affirmative defense. If the defendant proposes to rely in any way on evidence of inability to comply with an order of the court, the defendant shall, not less than five days before the trial of the cause, file and serve upon the city attorney, district attorney or Attorney General prosecuting the contempt a written notice of intent to offer that evidence. If the defendant fails to file and serve the notice, the defendant shall not be permitted to introduce evidence of inability to comply with an order of the court at the trial of the cause unless the court, in its discretion, permits such evidence to be introduced where just cause for failure to file the notice, or to file the notice within the time allowed, is made to appear.

�� (8) The court may impose a remedial sanction in addition to or in lieu of a punitive sanction.

�� (9) In any proceeding for imposition of a punitive sanction, proof of contempt shall be beyond a reasonable doubt. [1991 c.724 �6; 2001 c.962 �78]

�� 33.070 [Amended by 1973 c.836 �321; repealed by 1991 c.724 �32]

�� 33.075 Compelling attendance of defendant. (1) If a person served with an order to appear under ORS 33.055 fails to appear at the time and place specified in the order, the court may issue any order or warrant necessary to compel the appearance of the defendant.

�� (2) A person against whom a complaint has been issued under ORS 33.065 may be cited to appear in lieu of custody as provided in ORS 133.055. If the person fails to appear at the time and place specified in the citation, the court may issue any order or warrant necessary to compel the appearance of the defendant.

�� (3) When the court issues a warrant for contempt, the court shall specify a security amount. Unless the defendant pays the security amount upon arrest, the sheriff shall keep the defendant in custody until either a release decision is made by the court or until disposition of the contempt proceedings.

�� (4) The defendant shall be discharged from the arrest upon executing and delivering to the sheriff, at any time before the return day of the warrant, a security release or a release agreement as provided in ORS 135.230 to 135.290, to the effect that the defendant will appear on the return day and abide by the order or judgment of the court or officer or pay, as may be directed, the sum specified in the warrant.

�� (5) The sheriff shall return the warrant and the security deposit, if any, given to the sheriff by the defendant by the return day specified in the warrant.

�� (6) When a warrant for contempt issued under subsection (2) of this section has been returned after having been served and the defendant does not appear on the return day, the court may do either or both of the following:

�� (a) Issue another warrant.

�� (b) Proceed against the security deposited upon the arrest.

�� (7) If the court proceeds against the security under subsection (6) of this section and the sum specified is recovered, the court may award to any party to the action any or all of the money recovered as remedial damages. [1991 c.724 �7; 1993 c.196 �3; 2011 c.597 �119]

�� 33.080 [Amended by 1973 c.836 �322; repealed by 1991 c.724 �32]

�� 33.085 Compelling testimony of witness. (1) Upon the motion of the person initiating the proceeding, the court may compel the testimony of a witness as provided under ORS 136.617 in a contempt proceeding under ORS 33.055 or 33.065.

�� (2) In any case where the person initiating the proceeding is not represented by the district attorney, county counsel or Attorney General, the person initiating the proceeding shall serve a notice of intent to compel testimony on the district attorney of the county where the contempt proceeding is pending and on the Attorney General. The notice shall be served not less than 14 calendar days before any hearing on the motion to compel testimony.

�� (3) The notice required by this section shall identify the witness whose testimony the person initiating the proceeding intends to compel and include, if known, the witness� name, date of birth, residence address and Social Security number, and other pending proceedings or criminal charges involving the witness. The notice shall also include the case name and number of the contempt proceeding and the date, time and place set for any hearing scheduled as provided in ORS 136.617.

�� (4) If the person initiating the proceeding fails to serve the required advance notice or fails to serve the notice within the time required, the court shall grant a continuance for not less than 14 calendar days from the date the notice is served to allow the district attorney and Attorney General opportunity to be heard on the matter of compelling testimony. The court may compel testimony under this subsection only after the full notice period and opportunity to be heard, unless before that time the district attorney and Attorney General waive in writing any objection to the motion to compel.

�� (5) In any hearing on a motion to compel testimony under this section, the district attorney of the county in which the contempt proceeding is pending and the Attorney General each may appear to present evidence or arguments to support or oppose the motion.

�� (6) In lieu of compelling testimony under this section, the court may continue the contempt proceeding until disposition of any criminal action that is pending against the witness whose testimony is sought and that charges the witness with a crime. [1991 c.724 �7a]

�� 33.090 [Amended by 1973 c.836 �323; repealed by 1991 c.724 �32]

�� 33.095 [1975 c.516 �2; 1981 c.898 �38; 1987 c.803 �15; 1989 c.171 �5; repealed by 1991 c.724 �32]

�� 33.096 Summary imposition of sanction. A court may summarily impose a sanction upon a person who commits a contempt of court in the immediate view and presence of the court. The sanction may be imposed for the purpose of preserving order in the court or protecting the authority and dignity of the court. The provisions of ORS 33.055 and 33.065 do not apply to summary imposition of sanctions under this section. [1991 c.724 �8]

�� 33.100 [Repealed by 1991 c.724 �32]

�� 33.105 Sanctions authorized. (1) Unless otherwise provided by statute, a court may impose one or more of the following remedial sanctions:

�� (a) Payment of a sum of money sufficient to compensate a party for loss, injury or costs suffered by the party as the result of a contempt of court.

�� (b) Confinement for so long as the contempt continues, or six months, whichever is the shorter period.

�� (c) An amount not to exceed $500 or one percent of the defendant�s annual gross income, whichever is greater, for each day the contempt of court continues. The sanction imposed under this paragraph may be imposed as a fine or to compensate a party for the effects of the continuing contempt.

�� (d) An order designed to insure compliance with a prior order of the court, including probation.

�� (e) Payment of all or part of any attorney fees incurred by a party as the result of a contempt of court.

�� (f) A sanction other than the sanctions specified in paragraphs (a) to (e) of this subsection if the court determines that the sanction would be an effective remedy for the contempt.

�� (2) Unless otherwise provided by statute, a court may impose one or more of the following punitive sanctions for each separate contempt of court:

�� (a) A fine of not more than $500 or one percent of the defendant�s annual gross income, whichever is greater.

�� (b) Forfeiture of any proceeds or profits obtained through the contempt.

�� (c) Confinement for not more than six months.

�� (d) Probation or community service.

�� (3) In a summary proceeding under ORS 33.096, a court may impose one or more of the following sanctions for each separate contempt of court:

�� (a) A punitive fine of not more than $500;

�� (b) Confinement as a punitive sanction for not more than 30 days; or

�� (c) Probation or community service.

�� (4) The court may impose a punitive sanction for past conduct constituting contempt of court even though similar present conduct is a continuing contempt of court. [1991 c.724 �9]

�� 33.110 [Repealed by 1991 c.724 �32]

�� 33.115 Referral to another judge. A judge may be disqualified from a contempt proceeding as provided for in other cases under ORS 14.210 to 14.270. ORS 14.260 (3) shall not apply to a motion to disqualify a judge in a contempt proceeding. The judge to whom the contempt is referred shall assume authority over and conduct any further proceedings relating to the contempt. [1991 c.724 �10; 1995 c.658 �121]

�� 33.125 Appeal. (1) The imposition of a sanction for contempt shall be by a judgment.

�� (2) A judgment in a proceeding for imposition of a remedial sanction may be appealed in the same manner as from a judgment in an action at law. An appeal from a judgment imposing a punitive sanction shall be in the manner provided for appeals in ORS chapter 138. Appeals from judgments imposing sanctions for contempt in municipal courts and justice courts shall be in the manner provided by law for appeals from those courts.

�� (3) If a proceeding to impose remedial sanctions is related to another proceeding as described in ORS 33.055 (3) and the court determines, before entry of judgment in the related proceeding, that the defendant is in contempt, the court may suspend impositions of sanctions and entry of judgment on the contempt until entry of judgment in the related proceeding.

�� (4) An appeal from a contempt judgment shall not stay any action or proceeding to which the contempt is related. [1991 c.724 �11; 2003 c.576 �233; 2005 c.568 �28; 2017 c.252 �2]

�� 33.130 [Repealed by 1991 c.724 �32]

�� 33.135 Limitations of actions. (1) Except as provided in subsection (5) of this section, proceedings under ORS

ORS 135.110

135.110; 1983 c.344 �3; 2005 c.566 �5]

�� 135.035 Bringing in defendant not yet arrested or held to answer. When an accusatory instrument is filed in court, if the defendant has not been arrested and held to answer the charge, unless the defendant voluntarily appears for arraignment, the court shall issue a warrant of arrest as provided in ORS 133.110. [Formerly 135.140]

�� 135.037 Omnibus hearing; when held; subject; ruling of court; counsel required. (1) At any time after the filing of the accusatory instrument in circuit court and before the commencement of trial thereon, the court upon motion of any party shall, and upon its own motion may, order an omnibus hearing.

�� (2) The purpose of an omnibus hearing shall be to rule on all pretrial motions and requests, including but not limited to the following issues:

�� (a) Suppression of evidence.

�� (b) Challenges to identification procedures used by the prosecution.

�� (c) Challenges to voluntariness of admissions or confession.

�� (d) Challenges to the accusatory instrument.

�� (3) The court, at the time of the omnibus hearing, may also consider any matters that will facilitate trial by avoiding unnecessary proof or by simplifying the issues to be tried, or that are otherwise appropriate under the circumstances to facilitate disposition of the proceeding.

�� (4) At the conclusion of the hearing and prior to trial the court shall prepare and file an order setting forth all rulings of the court on issues raised under subsection (2) of this section. The court shall further prepare and file a memorandum of other matters agreed upon at the hearing. Except in a prosecution of the defendant for perjury or false swearing, or impeachment of the defendant, admissions made by the defendant or the attorney of the defendant at the hearing may not be used against the defendant unless the admissions are reduced to writing and signed by the defendant and the attorney.

�� (5) This section may not be applied in any proceeding or at any stage of any proceeding where the defendant is not represented by counsel. [1973 c.550 �2; 2009 c.11 �9]

(Counsel; Name Used)

�� 135.040 Right to counsel. If the defendant appears for arraignment without counsel, the defendant shall be informed by the court that it is the right of the defendant to have counsel before being arraigned and shall be asked if the defendant desires the aid of counsel. [Formerly 135.310]

�� 135.045 Court appointment of counsel; waiver of counsel; appointment of legal advisor. (1)(a) If the defendant in a criminal action appears without counsel at arraignment or thereafter, the court shall determine whether the defendant wishes to be represented by counsel.

�� (b) If the defendant does wish to be represented by counsel, the court, in accordance with ORS 135.050, shall appoint counsel to represent the defendant.

�� (c) If the defendant wishes to waive counsel, the court shall determine whether the defendant has made a knowing and voluntary waiver of counsel. The court shall accept the waiver of counsel if the defendant is not charged with a capital offense. The court may decline to accept the waiver of counsel if the defendant is charged with a capital offense.

�� (d) If the court accepts a defendant�s waiver of counsel, the court may allow an attorney to serve as the defendant�s legal advisor and may, in accordance with ORS 135.050, appoint an attorney as the defendant�s legal advisor.

�� (2) Appointment of counsel, including a legal advisor, under this section is subject to ORS

ORS 135.290

135.290, any release conditions related to the use of usable marijuana, medical cannabinoid products, cannabinoid concentrates or cannabinoid extracts must be imposed in the same manner as would be imposed release conditions related to prescription drugs. [2016 c.24 �53b; 2019 c.292 �6]

�� 135.247 Order prohibiting contact with victim of sex crime, crime involving bias or domestic violence. (1) When a release assistance officer makes a release decision under ORS 135.235 involving a defendant charged with a sex crime, a crime involving bias or a crime constituting domestic violence, the release assistance officer shall include in the decision an order that the defendant be prohibited from contacting or attempting to contact the victim, either directly or through a third party, while the defendant is in custody. The release assistance officer shall provide the defendant with a written copy of the order.

�� (2) When a defendant who is charged with a sex crime, a crime involving bias or a crime that constitutes domestic violence is arraigned, the court shall enter an order continuing an order issued under subsection (1) of this section or, if no such order has been entered, enter an order prohibiting the defendant from contacting or attempting to contact the victim, either directly or through a third party, while the defendant is in custody.

�� (3) Except as provided in subsection (4) of this section, an order described in subsection (1) or (2) of this section:

�� (a) Shall apply at any time during which the defendant is held in custody on the charge; and

�� (b) Shall remain valid until the defendant is sentenced for the crime, the charge is dismissed or the defendant is acquitted of the crime.

�� (4) Upon petition of the victim, the court may enter an order terminating an order entered under subsection (1) or (2) of this section if the court finds, after a hearing on the petition, that terminating the order is in the best interests of the parties and the community.

�� (5) An order described in subsection (1) or (2) of this section shall not limit contact with the victim by the defense attorney, or an agent of the defense attorney other than the defendant, in the manner prescribed by ORS 135.970 (2).

�� (6) As used in this section:

�� (a) �Crime involving bias� means intimidation by display of a noose under ORS 163.191, bias crime in the second degree under ORS 166.155 or bias crime in the first degree under ORS 166.165.

�� (b) �Domestic violence� has the meaning given that term in ORS 135.230.

�� (c) �Sex crime� has the meaning given that term in ORS 163A.005. [2011 c.232 �1; 2015 c.264 �1; 2021 c.643 �6; 2023 c.549 �5]

�� Note: 135.247 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 135 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 135.250 General conditions of release agreement. (1) If a defendant is released before judgment, the conditions of the release agreement shall be that the defendant will:

�� (a) Appear to answer the charge in the court having jurisdiction on a day certain and thereafter as ordered by the court until the defendant is discharged or the judgment is entered;

�� (b) Submit to the orders and process of the court;

�� (c) Not depart this state without leave of the court; and

�� (d) Comply with such other conditions as the court may impose.

�� (2)(a) In addition to the conditions listed in subsection (1) of this section, if the defendant is charged with an offense that also constitutes domestic violence, the court shall include as a condition of the release agreement that the defendant not contact the victim of the violence.

�� (b) Notwithstanding paragraph (a) of this subsection, the court may enter an order waiving the condition that the defendant have no contact with the victim if:

�� (A) The victim petitions the court for a waiver; and

�� (B) The court finds, after a hearing on the petition, that waiving the condition is in the best interests of the parties and the community.

�� (c) If the defendant was provided notice and an opportunity to be heard, the court shall also include in the agreement, when appropriate, terms and findings sufficient under 18 U.S.C. 922 (d)(8) and (g)(8) to affect the defendant�s ability to possess firearms and ammunition or engage in activities involving firearms.

�� (d) ORS 107.720 applies to release agreements executed by defendants charged with an offense that constitutes domestic violence, except that proof of service of the release agreement is not required and the agreement may not be terminated at the request of the victim without a hearing. [1973 c.836 �150; 1991 c.111 �10; 1993 c.731 �6; 1999 c.617 �3; 2013 c.151 �2]

�� 135.252 [2016 c.24 �53f; repealed by 2019 c.292 �10]

�� 135.253 Waiver of appearance at trial as release condition prohibited. (1) The court may not condition a defendant�s release on the defendant�s waiver of appearance in person at trial.

�� (2) A release agreement may not contain a provision prohibited by subsection (1) of this section. [2018 c.37 �4]

�� 135.255 Release agreement. (1) The defendant shall not be released from custody unless the defendant files with the clerk of the court in which the magistrate is presiding a release agreement duly executed by the defendant containing the conditions ordered by the releasing magistrate or deposits security in the amount specified by the magistrate in accordance with ORS 135.230 to 135.290.

�� (2) A failure to appear as required by the release agreement shall be punishable as provided in ORS 162.195 or 162.205.

�� (3) �Custody� for purposes of a release agreement does not include temporary custody under the citation procedures of ORS 133.055 to 133.076. [1973 c.836 �151]

�� 135.260 Conditional release. (1) Conditional release may include one or more of the following conditions:

�� (a) Release of the defendant into the care of a qualified person or organization responsible for supervising the defendant and assisting the defendant in appearing in court. The supervisor shall not be required to be financially responsible for the defendant, nor to forfeit money in the event the defendant fails to appear in court. The supervisor, however, shall notify the court immediately in the event that the defendant breaches the conditional release.

�� (b) Reasonable regulations on the activities, movements, associations and residences of the defendant, including, if the court finds it appropriate, restriction of the defendant to the defendant�s own residence or to the premises thereof.

�� (c) Release of the defendant from custody during working hours.

�� (d) Any other reasonable restriction designed to assure the defendant�s appearance.

�� (2) Except as otherwise provided in ORS 135.250 (2)(b), conditional release shall include a prohibition against contacting the victim if the defendant is charged with an offense that also constitutes domestic violence. [1973 c.836 �152; 1985 c.818 �1; 1993 c.731 �7]

�� 135.265 Security release. (1) If the defendant is not released on personal recognizance under ORS

ORS 136.295

136.295, a defendant shall not remain in custody pending commencement of the trial of the defendant more than 60 days after the time of arrest unless the trial is continued with the express consent of the defendant. Absent the consent of the defendant or an extension under ORS 136.295, the court shall order that the trial of the defendant commence within 60 days after arrest if the state is prepared to proceed to trial.

�� (2) If a trial is not commenced within the period required by subsection (1) of this section, the court shall release the defendant on the own recognizance of the defendant, or in the custody of a third party, or upon whatever additional reasonable terms and conditions the court deems just as provided in ORS 135.230 to 135.290. [1971 c.323 ��3,4; 1973 c.836 �235; 1999 c.923 �1; amendments by 1999 c.923 �3 repealed by 2001 c.870 �19]

�� 136.295 Application of ORS 136.290; when extensions granted. (1) ORS 136.290 does not apply to persons charged with crimes that are not releasable offenses under ORS 135.240 or to persons charged with conspiracy to commit murder, or charged with attempted murder, or to prisoners serving sentences resulting from prior convictions.

�� (2)(a) If the defendant is extradited from another jurisdiction, the 60-day period shall not commence until the defendant enters the State of Oregon, provided that law enforcement authorities from the other jurisdiction and this state have conducted the extradition with all practicable speed. The original 60-day period shall not be extended more than an additional 60 days, except where delay has been caused by the defendant in opposing the extradition.

�� (b) For purposes of this subsection, an extradition is presumed to have been conducted with all practicable speed if it has been conducted within 90 days after the date the defendant has been delivered to an agent of this state.

�� (3) Any reasonable delay resulting from examination or hearing regarding the defendant�s mental condition or competency to stand trial, or resulting from other motion or appeal by the defendant, shall not be included in the 60-day period.

�� (4)(a) If a victim or witness to the crime in question is unable to testify within the original 60-day period because of injuries received at the time the alleged crime was committed or upon a showing of good cause, the court may order an extension of custody and postponement of the date of the trial of not more than 60 additional days. The court, for the same reason, may order a second extension of custody and postponement of the date of the trial of not more than 60 days, but in no event shall the defendant be held in custody before trial for more than a total of 180 days. A court may grant an extension based upon good cause as described in paragraph (b)(C), (D) or (E) of this subsection only if requested by the defendant or defense counsel or by the court on its own motion.

�� (b) As used in this subsection, �good cause� means situations in which:

�� (A) The court failed to comply with ORS 136.145 and the victim is unable to attend the trial;

�� (B) The victim or an essential witness for either the state or the defense is unable to testify at the trial because of circumstances beyond the control of the victim or witness;

�� (C) The attorney for the defendant cannot reasonably be expected to try the case within the 60-day period;

�� (D) The attorney for the defendant has recently been appointed and cannot be ready to try the case within the 60-day period;

�� (E) The attorney for the defendant is unable to try the case within the 60-day period because of conflicting schedules;

�� (F) Scientific evidence is necessary and because of the complexity of the procedures it would be unreasonable to have the procedures completed within the 60-day period;

�� (G) The defendant has filed notice under ORS 161.309 of the defendant�s intention to rely upon a defense of insanity, partial responsibility or diminished capacity;

�� (H) The defendant has filed any notice of an affirmative defense within the last 20 days of the 60-day period;

�� (I) A claim under ORS 147.515, or a motion under ORS 147.522, relating to victims� rights is pending, the court has considered the factors described in ORS 147.525 and the court has determined that the trial date should be rescheduled subject to the time limit provided in ORS 147.525; or

�� (J) The defendant has received discovery of digital video evidence from a video camera worn upon a law enforcement officer�s person and, though discovery has occurred in a reasonably timely manner, editing of the digital video evidence is necessary.

�� (5) Any period following defendant�s arrest in which the defendant is not actually in custody shall not be included in the 60-day computation. [1971 c.323 �5; 1973 c.836 �236; 1999 c.923 �2; amendments by 1999 c.923 �4 repealed by 2001 c.870 �19; 2003 c.127 �3; 2009 c.178 �34; 2009 c.357 �1; 2015 c.550 �4]

�� 136.300 Time limit on appeals to circuit court. A defendant who is in custody pending an appeal to circuit court from a judgment of a municipal court or justice court shall have the appeal of the defendant heard not more than 60 days after the defendant gives notice of appeal. [1971 c.323 �6; 1977 c.290 �3]

CONDUCT OF TRIAL

�� 136.310 Function of court; effect of judicial notice of a fact. All questions of law, including the admissibility of testimony, the facts preliminary to such admission and the construction of statutes and other writings and other rules of evidence shall be decided by the court. All discussions of law shall be addressed to it. Whenever the knowledge of the court is by statute made evidence of a fact, the court shall declare such knowledge to the jury, which is bound to accept it as conclusive, except as provided in ORS 40.085. [Amended by 1983 c.433 �4]

�� 136.320 Function of jury; jury to receive law as laid down by court. Although the jury may find a general verdict, which includes questions of law as well as fact, it is bound, nevertheless, to receive as law what is laid down as such by the court; but all questions of fact, other than those mentioned in ORS 136.310, shall be decided by the jury, and all evidence thereon addressed to it.

�� 136.325 Jury not to be informed of and not to consider punishment that may be imposed. Except as required in ORS 161.313 and 163.150, the jury in a criminal proceeding may not be informed of, and may not consider, any punishment that the court may impose if the defendant is convicted of the charge. [1997 c.852 �10]

�� Note: 136.325 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 136.330 Trial procedure; polling jurors in writing. (1) ORS 10.100 and ORCP 58 B, C and D and 59 B through F and G(1), (3), (4) and (5), apply to and regulate the conduct of the trial of criminal actions. The jury in a criminal action may, in the discretion of the court, be polled in writing. If the jury is polled in writing, the written results shall be sealed and placed in the court record.

�� (2) ORCP 59 H applies to and regulates exceptions in criminal actions. [Amended by 1959 c.558 �31; 1979 c.284 �113; 1985 c.703 �27]

�� 136.340 [Repealed by 1973 c.836 �358]

�� 136.345 When attendance of woman officer is required. Whenever any woman or girl is interrogated with reference to the commission of any sexual crime, is accused of or charged with the commission of any sexual crime before any committing magistrate and is taken into custody therefor, or is called as a witness at a hearing before a committing magistrate with reference to any such class of crimes, and whether such crime has been committed by her or by some other person, she shall only be orally examined by or in the presence of a woman officer, appointed as provided in ORS 136.347. [Formerly 133.770]

�� 136.347 Appointment, duties and compensation of woman officer. The court or officer before whom any female person mentioned in ORS 136.345 is interrogated, taken into custody or called as a witness, shall appoint some suitable female person who shall conduct or be present at the examination of such accused person or witness or receive or be present at the receiving or making of any confession or statement which such accused person or witness desires to make. The compensation of any such person, when so appointed, shall be paid out of the general funds of the county wherein such proceeding is had by the county treasurer of the county, upon vouchers signed by the judge of the court or the officer making such appointment, which vouchers shall certify the nature and extent of the services performed and the amount of compensation due the person in whose favor the same is drawn. [Formerly 133.780]

�� 136.350 [Repealed by 1973 c.836 �358]

�� 136.360 [Repealed by 1961 c.288 �2]

�� 136.370 [Repealed by 1961 c.288 �2]

�� 136.380 [Repealed by 1961 c.288 �2]

�� 136.390 [Amended by 1957 c.380 �1; repealed by 1971 c.743 �432]

�� 136.400 [Repealed by 1971 c.743 �432]

�� 136.410 [Repealed by 1971 c.743 �432]

EVIDENCE

�� 136.415 Presumption of innocence; acquittal in case of reasonable doubt. A defendant in a criminal action is presumed to be innocent until the contrary is proved. In case of a reasonable doubt whether the guilt of the defendant is satisfactorily shown, the defendant is entitled to be acquitted. [Formerly 136.520]

�� 136.420 Testimony to be given orally in court; exceptions. In a criminal action, the testimony of a witness shall be given orally in the presence of the court and jury, except:

�� (1) In the case of a witness whose testimony is taken by deposition by order of the court in pursuance of the consent of the parties, as provided in ORS 136.080 to 136.100; or

�� (2) As provided in ORS 131.045. [Formerly 136.530; 2009 c.219 �1]

�� 136.425 Confessions and admissions; corroboration; defendant�s conduct in relation to declaration or act of another. (1) A confession or admission of a defendant, whether in the course of judicial proceedings or otherwise, cannot be given in evidence against the defendant when it was made under the influence of fear produced by threats.

�� (2) Except as provided in ORS 136.427, a confession alone is not sufficient to warrant the conviction of the defendant without some other proof that the crime has been committed.

�� (3) Evidence of a defendant�s conduct in relation to a declaration or act of another, in the presence and within the observation of the defendant, cannot be given when the defendant�s conduct occurred while the defendant was in the custody of a peace officer unless the defendant�s conduct affirmatively indicated the belief of the defendant in the truth of the matter stated or implied in the declaration or act of the other person. [Formerly 136.540; 2009 c.875 �1]

�� 136.427 Confessions; corroboration not required; notice; hearing. (1) A confession alone is sufficient to warrant the conviction of the defendant without some other proof that the crime has been committed if:

�� (a) The state files notice in accordance with subsection (3) of this section;

�� (b) The defendant is charged with a crime listed in ORS 163A.005;

�� (c) The victim of the crime is a vulnerable person;

�� (d) The victim is incompetent to testify under ORS 40.310;

�� (e) The confession is made to a peace officer or a federal officer, as those terms are defined in ORS 133.005, or to an individual conducting an investigation under ORS 430.745, while the officer or individual is acting in the course of official duty; and

�� (f) The court finds that there is sufficient evidence to establish the trustworthiness of the confession.

�� (2) In making the determination described in subsection (1)(f) of this section, the court shall consider the following factors, in addition to other factors the court considers important:

�� (a) Whether there is evidence demonstrating the truthfulness of portions of the confession;

�� (b) Whether the defendant had the opportunity to commit the crime;

�� (c) The method of interrogation used to solicit the confession; and

�� (d) Whether the defendant is a vulnerable person.

�� (3) The state shall file notice of the intention to rely on this section within 60 days of the arraignment, or of the defendant�s entry of the initial plea on an accusatory instrument, whichever is sooner. The court shall grant the state an extension for good cause shown.

�� (4) When the state files the notice described in subsection (3) of this section, the court shall conduct a hearing prior to trial. After the hearing, the court shall enter an order that indicates whether the confession alone is sufficient to warrant the conviction of the defendant without some other proof that the crime has been committed.

�� (5) As used in this section:

�� (a) �Activities of daily living� includes dressing, eating, toileting, bathing, exercising appropriate personal hygiene practices and moving from place to place.

�� (b) �Vulnerable person� means:

�� (A) A person under 18 years of age;

�� (B) A person 65 years of age or older;

�� (C) A person who meets the medical criteria for the receipt of services from a community program or facility as those terms are defined in ORS 430.735;

�� (D) A person with a developmental disability as that term is defined in ORS 40.460 (18a)(d); or

�� (E) A person who, as the result of a diagnosed medical condition, requires assistance in two or more activities of daily living. [2009 c.875 �2]

�� Note: 136.427 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 136.430 Civil laws of evidence in criminal trials; exceptions. The law of evidence in civil actions is also the law of evidence in criminal actions and proceedings, except as otherwise specifically provided in the statutes relating to crimes and criminal procedure. [Formerly 136.510]

�� 136.432 Limitation on court�s authority to exclude relevant evidence. A court may not exclude relevant and otherwise admissible evidence in a criminal action on the grounds that it was obtained in violation of any statutory provision unless exclusion of the evidence is required by:

�� (1) The United States Constitution or the Oregon Constitution;

�� (2) The rules of evidence governing privileges and the admission of hearsay; or

�� (3) The rights of the press. [1997 c.313 �1]

�� Note: 136.432 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 136.433 Proving previous conviction; stipulation; presentation to jury. (1) Except as provided in ORS

ORS 136.447

136.447 and 136.583 and subsection (2) of this section, a subpoena is served by delivering a copy to the witness personally. If the witness is under 14 years of age, the subpoena may be served by delivering a copy to the witness or to the witness�s parent, guardian or guardian ad litem. Proof of the service is made in the same manner as in the service of a summons.

�� (2)(a) Every law enforcement agency shall designate an individual or individuals upon whom service of subpoena may be made. At least one of the designated individuals shall be available during normal business hours. In the absence of the designated individuals, service of subpoena pursuant to paragraph (b) of this subsection may be made upon the officer in charge of the law enforcement agency.

�� (b) If a peace officer�s attendance at trial is required as a result of employment as a peace officer, a subpoena may be served on such officer by delivering a copy personally to the officer or to one of the individuals designated by the agency that employs the officer. A subpoena may be served by delivery to one of the individuals designated by the agency that employs the officer only if the subpoena is delivered at least 10 days before the date the officer�s attendance is required, the officer is currently employed as a peace officer by the agency, and the officer is present within the state at the time of service.

�� (c) When a subpoena has been served as provided in paragraph (b) of this subsection, the law enforcement agency shall make a good faith effort to actually notify the officer whose attendance is sought of the date, time and location of the court appearance. If the officer cannot be notified, the law enforcement agency shall contact the court and a continuance may be granted to allow the officer to be personally served.

�� (d) As used in this subsection, �law enforcement agency� means the Oregon State Police, a county sheriff�s department, a municipal police department, a police department established by a university under ORS 352.121 or 353.125 or, if the witness whose attendance at trial is required is an authorized tribal police officer as defined in ORS 181A.940, a tribal government as defined in ORS 181A.940.

�� (3) When a subpoena has been served as provided in ORS 136.583 or subsection (1) or (2) of this section and, subsequent to service, the date on, or the time at, which the person subpoenaed is to appear has changed, a new subpoena is not required to be served if:

�� (a) The subpoena is continued orally in open court in the presence of the person subpoenaed; or

�� (b) The party who issued the original subpoena notifies the person subpoenaed of the change by first class mail and by:

�� (A) Certified or registered mail, return receipt requested; or

�� (B) Express mail. [Formerly 139.100; 1977 c.789 �1; 1995 c.196 �3; 2005 c.298 �1; 2007 c.158 �1; 2009 c.364 �2; 2009 c.617 �3; 2011 c.644 ��20,65,72; 2013 c.180 �16,17; 2015 c.174 �8]

�� 136.600 Certain civil procedures applicable in criminal context. The provisions of ORS 44.150 and ORCP 39 B and 55 A(6)(d) and 55 B(4) apply in criminal actions, examinations and proceedings. [Formerly 139.110; 1979 c.284 �115; 1989 c.980 �6; 2023 c.302 �5]

�� 136.602 Witness fees payable by county; method of payment; defense witness fees payable by defendant. (1) Except as otherwise specifically provided by law, the per diem fees and mileage and any expenses allowed under ORS 136.603 due to any witness in a grand jury proceeding, or any prosecution witness in a criminal action or proceeding in a circuit or justice court or before a committing magistrate shall be paid by the county in which the grand jury proceeding or criminal action or proceeding is held. Payment shall be made upon a claim verified by the witness, showing the number of days attended and the number of miles traveled, and a certified statement, prepared by the district attorney, justice of the peace or committing magistrate, showing the amounts due the witness.

�� (2) The per diem fees and mileage due to any defense witness in a criminal action or proceeding in a circuit or justice court, or before a committing magistrate, and any expenses allowed the witness under ORS 136.603, shall be paid by the defendant. In the case of a defendant determined to be financially eligible for appointed counsel at state expense, these amounts may be paid pursuant to ORS 135.055. [1981 s.s. c.3 �63; 1983 c.401 �1; 1987 c.606 �3; 1989 c.171 �18; 1989 c.1053 �3; 2001 c.962 �87]

�� 136.603 Payment of witness who is from outside state or is indigent. (1)(a) Whenever any person attends any court, grand jury or committing magistrate as a witness on behalf of the prosecution or of any person accused of a crime upon request of the district attorney or city attorney or pursuant to subpoena, or by virtue of a recognizance for that purpose, and it appears that the witness has come from outside the state or that the witness is indigent, the court may, by an order entered in its records, direct payment to the witness of such sum of money as the court considers reasonable for the expenses of the witness. The order of the court, so entered, is sufficient authority for the payment.

�� (b) Except as otherwise specifically provided by law, if a witness who is to be paid expenses pursuant to this subsection:

�� (A) Attends a grand jury, a circuit court or judge thereof, a judge of a county court or a justice of the peace, on behalf of the prosecution, payment shall be made by the county.

�� (B) Attends a municipal court or judge thereof on behalf of the prosecution, payment shall be made by the city.

�� (C) Attends a circuit court or judge thereof on behalf of a financially eligible defendant, payment shall be made by the executive director of the Oregon Public Defense Commission.

�� (D) Attends a judge of the county court or a justice of the peace on behalf of a financially eligible defendant, payment shall be made by the county.

�� (E) Attends a municipal court or judge thereof on behalf of a financially eligible defendant, payment shall be made by the city.

�� (F) Attends any court on behalf of a defendant who is not financially eligible, payment shall be made by the defendant, and the court shall so order.

�� (2) In the case of a prisoner of a jurisdiction outside of this state who is required to attend as a witness in this state, whether for the prosecution or the defense, the sheriff shall be responsible for transporting the witness to the proper court of this state, and the sheriff shall assume any costs incurred in connection with the witness while the witness is in the custody of the sheriff. However, the sheriff and not the witness shall be entitled to the witness fees, mileage and expenses to which the witness would otherwise be entitled under this section and ORS 136.627 or other applicable law. [Formerly 139.140; 1977 c.746 �8; 1981 s.s. c.3 �64; 1983 c.401 �2; 1987 c.606 �5; 1989 c.171 �19; 2001 c.962 �27; 2023 c.281 �26]

�� 136.605 [1957 c.576 �1; 1973 c.836 �240; renumbered 136.445]

�� 136.607 [Formerly 139.150; 1977 c.746 �9; repealed by 1995 c.657 �18]

(Material Witness Order)

�� 136.608 Application procedure. (1) The district attorney or the defendant may apply to the court for a material witness order when:

�� (a) An indictment has been filed, and is pending, against the defendant in a circuit court;

�� (b) A grand jury proceeding has been commenced against the defendant; or

�� (c) A complainant�s information or a district attorney�s information alleging that the defendant has committed a felony has been filed, and is pending, in a court of competent jurisdiction.

�� (2) The application must be in writing and sworn to by the applicant. The request must state facts establishing a reasonable belief that the person the applicant desires to call as a witness:

�� (a) Possesses information material to the determination of the action against the defendant; and

�� (b) Will not appear at the time when attendance of the witness is required.

�� (3) The applicant shall file the application:

�� (a) If an indictment has been filed, a grand jury proceeding has been commenced or the defendant has been held to answer by any court to await the action of a grand jury, in the circuit court in which the indictment is pending or by which the grand jury has been impaneled; or

�� (b) If information alleging the commission of a felony is pending in a court authorized to hold a preliminary hearing, in that court or in the circuit court that would have jurisdiction of the case upon holding the defendant to answer to await the action of the grand jury.

�� (4) As used in this section and ORS 136.612 and 136.614, �material witness order� means an order finding a person to be a material witness in a pending criminal action and fixing a security amount to be posted to secure future attendance of the witness. [1995 c.657 �14]

�� Note: 136.608 to 136.614 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 136.609 [Formerly 139.160; 1977 c.746 �10; repealed by 1995 c.657 �18]

�� 136.610 [Amended by 1973 c.836 �241; renumbered 136.450]

�� 136.611 Court action upon receipt of application. (1) If, upon receipt of an application under ORS 136.608, the court determines that the application is well founded, the court shall:

�� (a) Enter an order directing the prospective witness to appear before the court at a designated time; or

�� (b) Issue a warrant of arrest directing the sheriff to take the person into custody and bring the person before the court, if the application included facts establishing a reasonable belief that the prospective witness would not respond to an order to appear.

�� (2) An order under subsection (1) of this section must inform the prospective witness of the purpose of the hearing and must be served in the manner provided in ORCP 7 for the service of a summons.

�� (3) When the prospective witness appears before the court, the court shall inform the person:

�� (a) Of the nature and purpose of the hearing; and

�� (b) That the person has all of the rights of a person in a criminal proceeding including, but not limited to, the right to counsel, the right to appointed counsel at state expense if the person is unable to afford counsel and the right to call witnesses and have subpoenas issued.

�� (4) The hearing may be postponed at the request of the prospective witness for the purpose of obtaining counsel. If the hearing is postponed, the court shall order the prospective witness to appear at a future time. In addition, the court may require the prospective witness to pay an amount to secure the person�s appearance. If the person refuses to comply with the order, the court shall commit the person to the jail of the county, or other appropriate detention facility, until the person complies or is discharged. [1995 c.657 �15]

�� Note: See note under 136.608.

�� 136.612 Hearing; security amount; vacation or modification of order. (1) At the hearing to determine whether a material witness order should be entered:

�� (a) The applicant has the burden of proving by a preponderance of the evidence all facts essential to support the order;

�� (b) The prospective witness may testify and may call witnesses;

�� (c) All testimony is under oath; and

�� (d) The Oregon Evidence Code shall apply in any material witness proceeding under ORS 136.611, except that hearsay may be admitted if the court determines that it would impose an unreasonable hardship on one of the parties or on a witness to require that the primary source of the evidence be produced at the hearing, and if the witness furnishes information bearing on the informant�s reliability and, as far as possible, the means by which the information was obtained.

�� (2) If the court finds by a preponderance of the evidence that the prospective witness possesses information that is material to the pending action and will not appear at the time the attendance of the witness is required, the court shall establish a security amount calculated to ensure the attendance of the witness and shall enter a material witness order.

�� (3)(a) If the security amount is paid, the court shall release the witness. If someone other than the witness pays the security amount, the court shall release the witness only if the witness consents, in writing, to the payment of the security.

�� (b) If the security amount is not paid, the court shall commit the witness to the jail of the county, or other appropriate detention facility, until the witness pays the security amount or the attendance of the witness is no longer needed in the action.

�� (4) Unless vacated as provided in subsection (5) of this section, a material witness order remains in effect:

�� (a) If issued by a circuit court, during the pendency of the criminal action in the circuit court; or

�� (b) If issued by a court other than a circuit court, until the attendance of the witness is no longer needed in any part of the criminal action.

�� (5) At any time after the entry of a material witness order, the court, upon application of either party to the order and notice to the other party, may vacate or modify the order. The court shall consider new, or changed, facts or circumstances. The court may vacate the order or may modify any part of the order. If the court reduces the security amount, the court shall exonerate any part of the original security amount in excess of the modified amount that has been paid. [1995 c.657 �16]

�� Note: See note under 136.608.

�� 136.613 [Formerly 139.170; 1977 c.746 �11; repealed by 1995 c.657 �18]

�� 136.614 Witness held in detention facility; payment. A witness held in a county jail, or other appropriate detention facility, as the result of a material witness order must be paid $7.50 for each day of confinement. The county shall pay the fee upon the release of the witness from custody or, in the discretion of the court, at designated times or intervals during the confinement. [1995 c.657 �17]

�� Note: See note under 136.608.

�� 136.615 [Formerly 139.180; repealed by 1995 c.657 �18]

�� 136.616 Deposition to perpetuate testimony; procedure. (1) As used in this section, �material witness order� has the meaning given that term in ORS 136.608.

�� (2) At any time after the court enters a material witness order, the court may order, or the district attorney or the defendant may file a petition to conduct, a deposition to perpetuate the testimony of the material witness.

�� (3)(a) The petition must be in writing and sworn to by the petitioner.

�� (b) The petitioner shall serve a notice and a copy of the petition on the opposing party and on the material witness.

�� (4) A petition filed under this section must describe:

�� (a) The basis on which the court entered the material witness order;

�� (b) Any findings made by the court in establishing the security amount under ORS 136.612;

�� (c) Any findings made by the court in detaining the material witness; and

�� (d) The reasons that perpetuating the testimony of the material witness is necessary.

�� (5) The court shall grant or deny the petition no later than 30 days after the date the petition is filed. The court shall consider whether the perpetuation of the testimony will prevent failure or delay of justice for the parties and the material witness. If the court orders the deposition of the material witness, the court may specify the subject matter of the deposition, impose limitations on the deposition and require audio or video recording of the deposition.

�� (6) The deposition of a material witness under this section does not invalidate or otherwise affect the material witness order, but may be considered in connection with an application to vacate or modify the order under ORS 136.612 (5).

�� (7) The Oregon Evidence Code applies to depositions under this section. [2015 c.623 �7]

�� Note: 136.616 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Compelling Witnesses)

�� 136.617 Motion to compel witness who may be incriminated to testify. In any criminal proceeding before a court of record or in any proceeding before a grand jury, or in any proceeding before a court of record under ORS 646.760, or in any proceeding for the imposition of remedial or punitive sanction for contempt, if a witness refuses to testify or produce evidence of any kind on the ground that the witness may be incriminated thereby, the prosecuting attorney may move the court to order the witness to testify or produce evidence. The court shall forthwith hold a summary hearing at which the prosecuting attorney shall show reasonable cause to believe the witness possesses knowledge relevant to the proceeding, or that no privilege protects the evidence sought to be produced. The witness may show cause why the witness should not be compelled to testify or produce evidence. The court shall order the witness to testify regarding the subject matter under inquiry upon such showing of reasonable cause or shall order the production of evidence upon a finding that no privilege protects the evidence sought, unless the court finds that to do so would be clearly contrary to the public interest. The court shall hold the summary hearing outside the presence of the jury and the public and may require the prosecuting attorney to disclose the purpose of the testimony or evidence. The witness shall be entitled to be represented by counsel at the summary hearing. [Formerly

ORS 136.580

136.580 (2), criminal process authorizing or commanding the seizure or production of papers, documents, records or other things may be issued to a recipient, regardless of whether the recipient or the papers, documents, records or things are located within this state, if:

�� (a) The criminal matter is triable in Oregon under ORS 131.205 to 131.235; and

�� (b) The exercise of jurisdiction over the recipient is not inconsistent with the Constitution of this state or the Constitution of the United States.

�� (2) Criminal process that authorizes or commands the seizure or production of papers, documents, records or other things from a recipient may be served by:

�� (a) Delivering a copy to the recipient personally; or

�� (b) Sending a copy by:

�� (A) Certified or registered mail, return receipt requested;

�� (B) Express mail; or

�� (C) Facsimile or electronic transmission, if the copy is sent in a manner that provides proof of delivery.

�� (3) When criminal process is served under subsection (2) of this section, the recipient shall provide the applicant, or if the process is described in ORS 136.447 or 136.580 (2), the court, with all of the papers, documents, records or other things described in the criminal process within 20 business days from the date the criminal process is received, unless:

�� (a) The court, for good cause shown, includes in the process a requirement for production within a period of time that is less than 20 business days;

�� (b) The court, for good cause shown, extends the time for production to a period of time that is more than 20 business days; or

�� (c) The applicant consents to a request from the recipient for additional time to comply with the process.

�� (4) A recipient who seeks to quash or otherwise challenge the criminal process must seek relief from the court that issued the process within the time required for production. The court shall hear and decide the issue as soon as practicable. The consent of the applicant to additional time to comply with the process under subsection (3)(c) of this section does not extend the date by which a recipient must seek relief under this subsection.

�� (5) Criminal process issued under this section must contain a notice on the first page of the document that indicates:

�� (a) That the process was issued under this section;

�� (b) The date before which the recipient must respond to the process; and

�� (c) That the deadline for seeking relief is not altered by the applicant�s consent to additional time to respond to the process.

�� (6) Upon order of the court or the written request of the applicant, the recipient of the process shall verify the authenticity of the papers, documents, records or other things that the recipient produces in response to the criminal process by providing an affidavit, statement of authenticity or declaration that identifies the custodian or other qualified person completing the document and attests to the nature of the papers, documents, records or other things. An affidavit, statement of authenticity or declaration that complies with this subsection fulfills the requirements of ORS 40.460 (6), 40.505 and 132.320.

�� (7) A party that intends to offer a paper, document, record or other thing into evidence under this section must file written notice of that intention with the court and must disclose the affidavit, statement of authenticity or declaration sufficiently in advance of offering the paper, document, record or other thing into evidence to provide the adverse party with an opportunity to challenge the affidavit, statement of authenticity or declaration and to have that challenge determined without prejudice to the ability of the moving party to produce the custodian or other qualified person at trial. The written notice must include the contact information for the custodian or other qualified person who signed the document. A motion opposing admission of the paper, document, record or other thing into evidence must be filed and determined by the court before trial and with sufficient time to allow the party offering the paper, document, record or other thing, if the motion is granted, to produce the custodian of the record or other qualified person at trial, without creating a hardship on the party or the custodian or other qualified person.

�� (8) Failure by a party that receives notice under subsection (7) of this section to timely file a motion opposing admission of the paper, document, record or other thing constitutes a waiver of objection to the admission of the evidence on the basis of the insufficiency of the affidavit, statement of authenticity or declaration unless the court finds good cause to grant relief from the waiver. If the court grants relief from the waiver, the court shall order the trial continued upon the request of the proponent of the evidence and allow the proponent sufficient time to arrange for the necessary witness to appear.

�� (9) A recipient of criminal process under this section or any individual that responds to the process is immune from civil and criminal liability for complying with the process and for any failure to provide notice of any disclosure to a person who is the subject of, or identified in, the disclosure.

�� (10) Nothing in this section limits the authority of a court to issue criminal process under any other provision of law or prohibits a party from calling the custodian of the evidence or other qualified person to testify regarding the evidence.

�� (11) As used in this section:

�� (a) �Applicant� means:

�� (A) A police officer or district attorney who applies for a search warrant or other court order or seeks to issue a subpoena under this section; or

�� (B) A defense attorney who applies for a court order or seeks to issue a subpoena under this section.

�� (b) �Contact information� means a mailing address, email address or phone number.

�� (c) �Criminal process� means a subpoena, search warrant or other court order.

�� (d) �Declaration� means a declaration under ORCP 1 E.

�� (e) �Defense attorney� means an attorney of record for a person charged with a crime who is seeking the issuance of criminal process for the defense of the criminal case.

�� (f) �Recipient� means a business entity or nonprofit entity that has conducted business or engaged in transactions occurring at least in part in this state.

�� (g) �Statement of authenticity� means a statement that attests to the authenticity, truthfulness or correctness of specific papers, documents, records or other things, that is signed by the custodian or other qualified person. [2009 c.617 �1; 2013 c.218 �17; 2025 c.375 �1]

�� Note: 136.583 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 136.585 By whom subpoena is served. A subpoena may be served by the defendant or any other person over 18 years of age and shall be served by any sheriff or constable within the county or district of the sheriff or constable, as the case may be, when delivered to the sheriff or constable for service, either on the part of the prosecution or of the defendant. [Formerly 139.090; 1977 c.746 �7]

�� 136.595 How subpoena is served; proof of service; service on law enforcement agency. (1) Except as provided in ORS

ORS 136.670

136.670]

�� 136.475 Verdict as to some of several defendants; retrial of others. Upon an accusatory instrument against several defendants, if the jury cannot agree upon a verdict as to all, it may give a verdict as to those in regard to whom it does agree, on which a judgment shall be given accordingly. The case as to the rest of the defendants may be tried by another jury. [Formerly 136.680]

�� 136.480 Reconsideration of verdict when jury makes mistake as to law. When a verdict is found in which it appears to the court that the jury has mistaken the law, the court may explain the reason for that opinion and direct the jury to reconsider its verdict; but if after such reconsideration the jury finds the same verdict, it must be received. [Formerly 136.690]

�� 136.485 Reconsideration of verdict which is not general verdict. If the jury finds a verdict which is not a general verdict, the court may, with proper instructions as to the law, direct the jury to reconsider it; and the verdict cannot be received until it is given in some form from which it can be clearly understood that the intent of the jury is to render a general verdict. [Formerly 136.700]

�� 136.490 Discharge of defendant upon acquittal; exception. If judgment of acquittal is given on a general verdict and the defendant is not detained for any other legal cause, the defendant shall be discharged as soon as the judgment is given, except that, when the acquittal is for variance between the proof and the accusatory instrument, which may be obviated by a new accusatory instrument, the court may order the detention of the defendant, to the end that a new accusatory instrument may be preferred, in the same manner and with like effect, as provided in ORS 135.540. [Formerly 136.710]

�� 136.495 Proceedings after adverse general verdict. If a general verdict against the defendant is given, the defendant shall be remanded, if in custody; if the defendant has been released, the defendant may be committed to await the judgment of the court upon the verdict. When committed, the release agreement of the defendant is exonerated or, if the defendant has deposited money in lieu of a release agreement, it shall be refunded to the defendant. [Formerly 136.720]

MOTION IN ARREST OF JUDGMENT; NEW TRIAL

�� 136.500 Motion in arrest of judgment; basis and time for making. A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered on a plea or verdict of guilty. It may be founded on either or both of the grounds specified in ORS 135.630 (1) and (4), and not otherwise. The motion must be made within the time allowed to file a motion for a new trial, and both such motions may be made and heard as the court directs. [Formerly 136.810]

�� 136.505 Effect of allowance of motion. The effect of allowing a motion in arrest of judgment is to place the defendant in the same situation in which the defendant was before indictment was found. [Formerly

ORS 137.079

137.079. The district attorney and counsel of the defendant may retain a copy of the presentence report as a part of the permanent records of the case. The district attorney and counsel of the defendant may disclose the contents of the presentence report to individuals or agencies when preparing for the sentencing of the defendant. �Individuals and agencies� include victims, psychologists, psychiatrists, physicians licensed under ORS 677.100 to 677.228 and any other person or agency who may assist the state or the defendant at the time of sentencing. [1973 c.836 �260; 1987 c.320 �28; 1989 c.408 �1; 2017 c.409 �6]

�� 137.079 Presentence report; other writings considered in imposing sentence; disclosure to parties; court�s authority to except parts from disclosure. (1) A copy of the presentence report and all other written information concerning the defendant that the court considers in the imposition of sentence shall be made available to the district attorney, the defendant or defendant�s counsel at least five judicial days before the sentencing of the defendant. All other written information, when received by the court outside the presence of counsel, shall either be summarized by the court in a memorandum available for inspection or summarized by the court on the record before sentence is imposed.

�� (2) The court may except from disclosure parts of the presentence report or other written information described in subsection (1) of this section which are not relevant to a proper sentence, diagnostic opinions which might seriously disrupt a program of rehabilitation if known by the defendant, or sources of information which were obtainable with an expectation of confidentiality.

�� (3) If parts of the presentence report or other written information described in subsection (1) of this section are not disclosed under subsection (2) of this section, the court shall inform the parties that information has not been disclosed and shall state for the record the reasons for the court�s action. The action of the court in excepting information shall be reviewable on appeal.

�� (4) A defendant who is being sentenced for felonies committed prior to November 1, 1989, may file a written motion to correct the criminal history contained in the presentence report prior to the date of sentencing. At sentencing, the court shall consider defendant�s motion to correct the presentence report and shall correct any factual errors in the criminal history contained in that report. An order allowing or denying a motion made pursuant to this subsection shall not be reviewable on appeal. If corrections are made by the court, only corrected copies of the report shall be provided to individuals or agencies pursuant to ORS 137.077.

�� (5)(a) The provisions of this subsection apply only to a defendant being sentenced for a felony committed on or after November 1, 1989.

�� (b) Except as otherwise provided in paragraph (c) of this subsection, the defendant�s criminal history as set forth in the presentence report shall satisfy the state�s burden of proof as to the defendant�s criminal history.

�� (c) Prior to the date of sentencing, the defendant shall notify the district attorney and the court in writing of any error in the criminal history as set forth in the presentence report. Except to the extent that any disputed portion is later changed by agreement of the district attorney and defendant with the approval of the court, the state shall have the burden of proving by a preponderance of evidence any disputed part of the defendant�s criminal history. The court shall allow the state reasonable time to produce evidence to meet its burden.

�� (d) The court shall correct any error in the criminal history as reflected in the presentence report.

�� (e) If corrections to the presentence report are made by the court, only corrected copies of the report shall be provided to individuals or agencies pursuant to ORS 137.077.

�� (f) Except as provided in ORS 138.105 and 138.115, the court�s decision on issues relating to a defendant�s criminal history shall not be reviewable on appeal. [1973 c.836 �261; 1977 c.372 �11; 1983 c.649 �1; 1989 c.408 �2; 1989 c.790 �8; 2017 c.529 �24]

(Aggravation or Mitigation)

�� 137.080 Consideration of circumstances in aggravation or mitigation of punishment. (1) After a plea or verdict of guilty, or after a verdict against the defendant on a plea of former conviction or acquittal, in a case where discretion is conferred upon the court as to the extent of the punishment to be inflicted, the court, upon the suggestion of either party that there are circumstances which may be properly considered in aggravation or mitigation of the punishment, may, in its discretion, hear the same summarily at a specified time and upon such notice to the adverse party as it may direct.

�� (2) Notwithstanding any other provision of law, the consideration of aggravating and mitigating circumstances as to felonies committed on or after November 1, 1989, including the maximum sentence that may be imposed because of aggravating circumstances, shall be in accordance with rules of the Oregon Criminal Justice Commission. [Amended by 1989 c.790 �9]

�� 137.085 Age and physical disability of victim as factors in sentencing. When a court sentences a defendant convicted of any crime involving a physical or sexual assault, the court shall give consideration to a victim�s particular vulnerability to injury in such case, due to the victim�s youth, advanced age or physical disability. Such particular vulnerability of the victim is a fact enhancing the seriousness of any assault, and the court shall consider it as such in imposing the sentence within the limits otherwise provided by law. [1985 c.767 �1]

�� Note: 137.085 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 137.090 Considerations in determining aggravation or mitigation. (1) In determining aggravation or mitigation, the court shall consider:

�� (a) Any evidence received during the proceeding;

�� (b) The presentence report, where one is available; and

�� (c) Any other evidence relevant to aggravation or mitigation that the court finds trustworthy and reliable.

�� (2) In determining mitigation, the court may consider:

�� (a) Evidence regarding the defendant�s status as a servicemember as defined in ORS 135.881.

�� (b) Whether the defendant committed the crime while under duress, compulsion, direction or pressure from another person who has:

�� (A) Committed acts of domestic violence, as defined in ORS 135.230, against the defendant;

�� (B) Committed acts of abuse as a family or household member of the defendant, as those terms are defined in ORS 107.705, against the defendant; or

�� (C) Used force, intimidation, fraud or coercion to cause the defendant to engage, or attempt to engage, in a commercial sex act.

�� (3) In determining aggravation, the court shall consider whether the person was wearing body armor in the course of and in furtherance of the crime, or to facilitate the immediate flight therefrom.

�� (4) When a witness is so sick or infirm as to be unable to attend a sentencing proceeding, the deposition of the witness may be taken out of court at such time and place, and upon such notice to the adverse party, and before such person authorized to take depositions, as the court directs. [Amended by 1965 c.400 �1; 1973 c.836 �259; 1989 c.790 �10; 2013 c.331 �1; 2017 c.123 �1; 2023 c.288 �1]

�� 137.100 Defendant as witness in relation to circumstances. If the defendant consents thereto, the defendant may be examined as a witness in relation to the circumstances which are alleged to justify aggravation or mitigation of the punishment; but if the defendant gives testimony at the request of the defendant, then the defendant must submit to be examined generally by the adverse party.

(Compensatory Fine)

�� 137.101 Compensatory fine. (1) Whenever the court imposes a fine as penalty for the commission of a crime resulting in injury for which the person injured by the act constituting the crime has a remedy by civil action, unless the issue of punitive damages has been previously decided on a civil case arising out of the same act and transaction, the court may order that the defendant pay any portion of the fine separately to the clerk of the court as compensatory fines in the case. The clerk shall pay over to the injured victim or victims, as directed in the court�s order, moneys paid to the court as compensatory fines under this subsection. This section shall be liberally construed in favor of victims.

�� (2) Compensatory fines may be awarded in addition to restitution awarded under ORS 137.103 to

ORS 137.124

137.124. The county community corrections agency shall monitor when an inpatient or outpatient drug and alcohol treatment program becomes available for the person and shall notify the person when a program is available. In order to be released early to the program, the person must enter into a revocation release agreement subject to such conditions as determined by the county community corrections agency. If the person violates the terms of the revocation release agreement, the county community corrections agency may cause the person to return to jail to serve the remainder of the incarceration sentence originally imposed.

�� (c) When a person has been released to an inpatient or outpatient drug and alcohol treatment program under paragraph (b) of this subsection, each day that the person is in the community and subject to the revocation release agreement shall count toward the total term of incarceration imposed as a revocation sentence.

�� (d) When imposing a revocation sentence of incarceration under this section, the court shall order, and may not deny, that the person receive credit for time served for any day that the person was previously incarcerated on the charge. [2024 c.70 �35; 2025 c.532 �15]

�� Note: 475.896 and 475.897 were added to and made a part of 475.752 to 475.980 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 475.897 Conditional discharge of drug enforcement misdemeanor. (1)(a) When a person is charged with unlawful possession of a controlled substance under ORS 475.752 (3)(a), (b), (c) or (d), 475.794 (2)(a), 475.814 (2)(a), 475.824 (2)(a), 475.834 (2)(a), 475.854 (2)(a), 475.874 (2)(a), 475.884 (2)(a) or 475.894 (2)(a) constituting a drug enforcement misdemeanor as described in ORS 475.896, the person is eligible to enter, and subject to paragraphs (b) and (c) of this subsection may request to enter, into a probation agreement as described in this section.

�� (b) The district attorney may object to the defendant�s entry into a probation agreement under this section. After hearing the reasons for the objection, the court may deny the person�s entry if the probation agreement would not serve the needs of the person or the protection and welfare of the community.

�� (c) A person may request to enter into a probation agreement under this section no later than 30 days after the person�s first appearance, unless the court authorizes a later date for good cause shown. For purposes of this paragraph, the filing of a demurrer, a motion to suppress or a motion for an omnibus hearing does not constitute good cause.

�� (d) When a person enters into a probation agreement under this section, the court shall defer further proceedings on the charge described in paragraph (a) of this subsection and place the person on probation. The terms of the probation shall be defined by a probation agreement.

�� (e) A person may enter into a probation agreement under this section on the charge described in paragraph (a) of this subsection regardless of whether the person is charged with other offenses within the same charging instrument or as part of a separate charging instrument, but the proceedings on the other offenses continue in the normal course and are not deferred.

�� (2)(a) A probation agreement described in this section carries the understanding that if the defendant fulfills the terms of the agreement, the charge described in subsection (1)(a) of this section that is the subject of the agreement will be dismissed with prejudice.

�� (b) The initial term of probation shall be 12 months, subject to early termination by the court. The terms of the probation shall include the general conditions of probation described in ORS 137.540 (1) and a requirement that the defendant complete a substance abuse evaluation and any treatment recommended by the evaluator. The court may impose sanctions of up to a total of 30 days of imprisonment upon finding that the person has violated the conditions of probation. Structured, intermediate sanctions as described in ORS 137.593 may be imposed in accordance with rules adopted under ORS 137.595 when the conditions of a term of probation described in this section have been violated.

�� (c) The agreement must contain a waiver of the following rights of the defendant with respect to each criminal charge:

�� (A) The right to a speedy trial and trial by jury;

�� (B) The right to present evidence on the defendant�s behalf;

�� (C) The right to confront and cross-examine witnesses against the defendant;

�� (D) The right to contest evidence presented against the defendant, including the right to object to hearsay evidence; and

�� (E) The right to appeal from a judgment of conviction resulting from an adjudication of guilt entered under subsection (3) of this section, unless the appeal is based on an allegation that the sentence exceeds the maximum allowed by law or constitutes cruel and unusual punishment.

�� (d) The agreement may not contain a requirement that the defendant enter a plea of guilty or no contest on any charge in the accusatory instrument.

�� (e) The fact that a person has entered into a probation agreement under this section does not constitute an admission of guilt and is not sufficient to warrant a finding or adjudication of guilt by a court.

�� (f) Police reports or other documents associated with the criminal charges in a court file other than the probation agreement may not be admitted into evidence, and do not establish a factual basis for finding the defendant guilty, unless the court resumes criminal proceedings under subsection (3) of this section.

�� (3) Upon violation of a term or condition of the probation agreement, the court may:

�� (a) Impose a sanction; or

�� (b) Resume the criminal proceedings in accordance with the waiver of rights in the agreement. The defendant may not contest the sufficiency of the evidence establishing the defendant�s guilt of the offenses in the accusatory instrument.

�� (4) Upon the conclusion or early termination of the probation period, if the court has received notice from the district attorney or a supervising officer that the person has fulfilled the terms and conditions of the probation agreement, the court shall discharge the person and dismiss the charge that is the subject of the agreement. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.

�� (5) In the event that the period of probation under this section expires, but the court has not received notice that the terms and conditions of the probation agreement have been fulfilled and no probation violation proceeding was initiated prior to the expiration of the period of probation, the court may not discharge the person and dismiss the proceedings against the person. The court shall instead issue an order requiring the person to appear and to show cause why the court should not enter an adjudication of guilt as described in subsection (3) of this section due to the failure of the person to fulfill the terms and conditions of the probation agreement prior to expiration of the period of probation. At the hearing on the order to show cause, after considering any evidence or argument from the district attorney and the person, the court may:

�� (a) If the court finds that the person has fulfilled the terms and conditions of the probation agreement, discharge the person and dismiss the charge that is the subject of the agreement as described in subsection (4) of this section;

�� (b) Order a new period of probation to allow the person to fulfill the terms and conditions of the probation agreement; or

�� (c) Resume the criminal proceedings in accordance with the waiver of rights in the probation agreement. If the court proceeds under this paragraph, the person may not contest the sufficiency of the evidence establishing the person�s guilt of the offenses in the accusatory instrument. [2024 c.70 �52; 2025 c.532 �25]

�� Note: See note under 475.896.

�� 475.898 Immunity from drug-related offenses or civil penalty for emergency medical assistance. (1) A person who contacts emergency medical services or a law enforcement agency to obtain medical assistance for another person who needs medical assistance due to a drug-related overdose is immune from arrest, prosecution or the imposition of a civil penalty for an offense listed in subsection (3) of this section if the evidence of the offense was obtained because the person contacted emergency medical services or a law enforcement agency.

�� (2) A person who is in need of medical assistance due to a drug-related overdose is immune from arrest, prosecution or the imposition of a civil penalty for an offense listed in subsection (3) of this section if the evidence of the offense was obtained because any person contacted emergency medical services or a law enforcement agency to obtain medical assistance for the person.

�� (3) The immunity conferred under subsections (1) and (2) of this section applies to arrest, prosecution and the imposition of a civil penalty for:

�� (a) Frequenting a place where controlled substances are used as described in ORS 167.222;

�� (b) Possession of a controlled substance as described in ORS 475.752;

�� (c) Unlawful possession of hydrocodone as described in ORS 475.814;

�� (d) Unlawful possession of methadone as described in ORS 475.824;

�� (e) Unlawful possession of oxycodone as described in ORS 475.834;

�� (f) Unlawful possession of heroin as described in ORS 475.854;

�� (g) Unlawful possession of fentanyl as described in ORS 475.794;

�� (h) Unlawful possession of 3,4-methylenedioxymethamphetamine as described in ORS 475.874;

�� (i) Unlawful possession of cocaine as described in ORS 475.884;

�� (j) Unlawful possession of methamphetamine as described in ORS 475.894;

�� (k) Unlawfully possessing a prescription drug as described in ORS 689.527 (6); and

�� (L) Unlawful possession of drug paraphernalia with intent to sell or deliver as described in ORS 475.525.

�� (4)(a) A person may not be arrested for violating, or found to be in violation of, the conditions of the person�s pretrial release, probation, post-prison supervision or parole if the violation involves:

�� (A) The possession or use of a controlled substance or frequenting a place where controlled substances are used; and

�� (B) The evidence of the violation was obtained because the person contacted emergency medical services or a law enforcement agency to obtain medical assistance for another person who needed medical assistance due to a drug-related overdose.

�� (b) A person may not be arrested for violating, or found to be in violation of, the conditions of the person�s pretrial release, probation, post-prison supervision or parole if the violation involves:

�� (A) The possession or use of a controlled substance or frequenting a place where controlled substances are used; and

�� (B) The evidence of the violation was obtained because the person was in need of medical assistance due to a drug-related overdose and any person contacted emergency medical services or a law enforcement agency to obtain medical assistance for the person.

�� (5)(a) A person may not be arrested on an outstanding warrant for any of the offenses listed in subsection (3) of this section, or on an outstanding warrant for a violation, other than commission of a new crime, of the conditions of the person�s probation, post-prison supervision or parole for conduct that would constitute an offense listed in subsection (3) of this section, if the location of the person was obtained because the person contacted emergency medical services or a law enforcement agency to obtain medical assistance for another person who needed medical assistance due to a drug-related overdose.

�� (b) A person may not be arrested on an outstanding warrant for any of the offenses listed in subsection (3) of this section, or on an outstanding warrant for a violation, other than commission of a new crime, of the conditions of the person�s probation, post-prison supervision or parole for conduct that would constitute an offense listed in subsection (3) of this section, if the location of the person was obtained because the person was in need of medical assistance due to a drug-related overdose and any person contacted emergency medical services or a law enforcement agency to obtain medical assistance for the person.

�� (c) This subsection does not apply to outstanding federal warrants or outstanding warrants issued from other states.

�� (6) The immunity from arrest and prosecution described in this section is not grounds for the suppression of evidence relating to a criminal offense other than the offenses listed in subsection (3) of this section.

�� (7) As used in this section:

�� (a) �Controlled substance� has the meaning given that term in ORS 475.005.

�� (b) �Drug-related overdose� means an acute condition, including mania, hysteria, extreme physical illness, coma or death, resulting from the consumption or use of a controlled substance, or another substance with which a controlled substance was combined, that a person would reasonably believe to be a condition that requires medical attention. [2015 c.274 �1; 2016 c.24 �60; 2017 c.21 �27; 2025 c.532 �12]

�� Note: 475.898 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 475 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 475.900 Crime category classification; proof of commercial drug offense. (1) A violation of ORS 475.752,

ORS 137.687

137.687. [1969 c.244 �5; 1983 c.661 �1; 1997 c.548 �1; 1999 c.1051 �55; 2021 c.199 �2; 2024 c.70 �38]

�� 133.065 Service of criminal citation. If a criminal citation is issued as described in ORS 133.055, the peace officer shall serve one copy on the person arrested and shall, as soon as practicable, file a duplicate copy with the magistrate specified in ORS 133.055 along with proof of service. [1969 c.244 �6; 1999 c.1051 �58]

�� 133.066 Criminal citations generally. (1) A criminal citation may include a complaint or may be issued without a form of complaint. If a criminal citation is issued without a complaint, the citation must be in the form provided by ORS 133.068. If a criminal citation is issued with a complaint, the citation must be in the form provided by ORS

ORS 137.930

137.930 (1). [1977 c.195 �4; 1979 c.505 �1; 2003 c.759 ��9,10; 2007 c.223 �6; 2008 c.19 �16; 2008 c.31 �4; 2009 c.60 �1; 2013 c.304 �13; 2013 c.433 �2; 2015 c.128 �2; 2015 c.357 �4; 2015 c.528 �3; 2017 c.145 �1; 2019 c.193 �2; 2021 c.305 �2; 2021 c.486 �5; 2021 c.305 �3]

�� 646.608 Additional unlawful business, trade practices; proof; rules. (1) A person engages in an unlawful practice if in the course of the person�s business, vocation or occupation the person does any of the following:

�� (a) Passes off real estate, goods or services as the real estate, goods or services of another.

�� (b) Causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of real estate, goods or services.

�� (c) Causes likelihood of confusion or of misunderstanding as to affiliation, connection, or association with, or certification by, another.

�� (d) Uses deceptive representations or designations of geographic origin in connection with real estate, goods or services.

�� (e) Represents that real estate, goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, quantities or qualities that the real estate, goods or services do not have or that a person has a sponsorship, approval, status, qualification, affiliation, or connection that the person does not have.

�� (f) Represents that real estate or goods are original or new if the real estate or goods are deteriorated, altered, reconditioned, reclaimed, used or secondhand.

�� (g) Represents that real estate, goods or services are of a particular standard, quality, or grade, or that real estate or goods are of a particular style or model, if the real estate, goods or services are of another.

�� (h) Disparages the real estate, goods, services, property or business of a customer or another by false or misleading representations of fact.

�� (i) Advertises real estate, goods or services with intent not to provide the real estate, goods or services as advertised, or with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity.

�� (j) Makes false or misleading representations of fact concerning the reasons for, existence of, or amounts of price reductions.

�� (k) Makes false or misleading representations concerning credit availability or the nature of the transaction or obligation incurred.

�� (L) Makes false or misleading representations relating to commissions or other compensation to be paid in exchange for permitting real estate, goods or services to be used for model or demonstration purposes or in exchange for submitting names of potential customers.

�� (m) Performs service on or dismantles any goods or real estate if the owner or apparent owner of the goods or real estate does not authorize the service or dismantling.

�� (n) Solicits potential customers by telephone or door to door as a seller unless the person provides the information required under ORS 646.611.

�� (o) In a sale, rental or other disposition of real estate, goods or services, gives or offers to give a rebate or discount or otherwise pays or offers to pay value to the customer in consideration of the customer giving to the person the names of prospective purchasers, lessees, or borrowers, or otherwise aiding the person in making a sale, lease, or loan to another person, if earning the rebate, discount or other value is contingent upon an event occurring after the time the customer enters into the transaction.

�� (p) Makes any false or misleading statement about a prize, contest or promotion used to publicize a product, business or service.

�� (q) Promises to deliver real estate, goods or services within a certain period of time with intent not to deliver the real estate, goods or services as promised.

�� (r) Organizes or induces or attempts to induce membership in a pyramid club.

�� (s) Makes false or misleading representations of fact concerning the offering price of, or the person�s cost for real estate, goods or services.

�� (t) Concurrent with tender or delivery of any real estate, goods or services, fails to disclose any known material defect or material nonconformity.

�� (u) Engages in any other unfair or deceptive conduct in trade or commerce.

�� (v) Violates any of the provisions relating to auction sales, consignment sales, auctioneers, consignees or auction marts under ORS 698.640, whether in a commercial or noncommercial situation.

�� (w) Manufactures mercury fever thermometers.

�� (x) Sells or supplies mercury fever thermometers unless the thermometer is required by federal law, or is:

�� (A) Prescribed by a person licensed under ORS chapter 677; and

�� (B) Supplied with instructions on the careful handling of the thermometer to avoid breakage and on the proper cleanup of mercury should breakage occur.

�� (y) Sells a thermostat that contains mercury, unless the thermostat is labeled in a manner to inform the purchaser that mercury is present in the thermostat and that the thermostat may not be disposed of until the mercury is removed, reused, recycled or otherwise managed to ensure that the mercury does not become part of the solid waste stream or wastewater. For purposes of this paragraph, �thermostat� means a device commonly used to sense and, through electrical communication with heating, cooling or ventilation equipment, control room temperature.

�� (z) Sells or offers for sale a motor vehicle manufactured after January 1, 2006, that contains mercury light switches.

�� (aa) Violates the provisions of ORS 803.375, 803.385 or 815.410 to 815.430.

�� (bb) Violates ORS

ORS 138.622

138.622 rather than in person.

�� (2) If the petition states a ground for relief, the court shall decide the issues raised and may receive proof by affidavits, depositions, oral testimony or other competent evidence. The burden of proof of facts alleged in the petition shall be upon the petitioner to establish such facts by a preponderance of the evidence. [1959 c.636 �12; 1996 c.4 �4; 2003 c.261 �4]

�� 138.622 Appearance by communication device. For the purpose of a court appearance under ORS 138.510 to 138.680, the court may approve the appearance of the parties, counsel for the parties or witnesses by telephone or other communication device approved by the court. However, the court may not approve the appearance of the petitioner or counsel for the petitioner by telephone or other communication device unless the facilities used enable the petitioner to consult privately with the petitioner�s counsel during the proceedings. [2003 c.261 �3]

�� 138.625 Victim testimony; contact with victim. (1) A petitioner in a post-conviction relief proceeding may not compel a victim to testify, either by deposition, hearing or otherwise, unless the petitioner moves for an order of the court allowing a subpoena.

�� (2) A copy of the motion for a subpoena under this section must be served on the counsel for the defendant.

�� (3) The court may not grant an order allowing a subpoena under this section unless the petitioner can demonstrate good cause by showing that:

�� (a) The victim�s testimony is material to the post-conviction relief proceeding;

�� (b) The testimony is favorable to the petitioner; and

�� (c) The testimony was not introduced at trial.

�� (4) If the court grants an order allowing a subpoena under this section, upon a request by the victim for no personal contact between the parties, the court may allow the victim to appear by telephone or other communication device approved by the court.

�� (5) If contacted by the petitioner or any agent of the petitioner, the victim must be clearly informed by the petitioner or other contacting agent, either in person or in writing, of the identity and capacity of the person contacting the victim, that the victim does not have to talk to the petitioner�s attorney, or other agents of the petitioner, or provide other discovery unless the victim wishes, and that the victim may have a district attorney, assistant attorney general or other attorney or advocate present during any interview or other contact.

�� (6) As used in this section, �victim� has the meaning given that term in ORS 135.970. [2007 c.470 �1; 2013 c.144 �2; 2019 c.399 �3]

�� Note: 138.625 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 138.627 Victim�s rights. (1) To accord crime victims due dignity and respect, a victim of a crime that is the subject of a petition for post-conviction relief filed under ORS 138.510 to

ORS 139.190

139.190; 1975 c.255 �14; 1981 c.882 �1; 1991 c.724 �25a]

�� 136.619 Immunity of witness compelled to testify. (1) A witness who, in compliance with a court order issued under ORS 33.085 or 136.617, testifies or produces evidence that the witness would have been privileged to withhold but for the court order, may be prosecuted or subjected to any penalty or forfeiture for any matter about which the witness testified or produced evidence unless the prosecution, penalty or forfeiture is prohibited by section 12, Article I of the Oregon Constitution. The testimony of the witness or evidence produced or information derived from the testimony or evidence may not be used against the witness in any criminal prosecution. However, the witness may nevertheless be prosecuted or subjected to penalty for any perjury, false swearing or contempt committed in answering, or failing to answer, or in producing, or failing to produce, evidence in accordance with the order. If a person refuses to testify after being ordered to testify as provided in this section, the person shall be subject to penalty for contempt of court for failure to comply with the order.

�� (2) Subsection (1) of this section shall not prevent the use of post-judgment collection procedures, including but not limited to wage withholding, income withholding, benefit withholding, assignment, garnishment or execution, based on matters about which a defendant testifies or produces evidence in compliance with a court order issued under ORS 136.617 in any proceeding for the imposition of remedial or punitive sanctions for contempt. [Formerly 139.200; 1981 c.882 �2; 1985 c.709 �1; 1991 c.724 �25b; 1997 c.313 �22]

�� 136.620 [Amended by 1973 c.836 �242; renumbered 136.455]

(Uniform Act to Secure the Attendance of Witnesses From Without a State in Criminal Proceedings)

�� 136.623 Definitions. (1) �Witness,� as used in ORS 136.623 to 136.637, shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding.

�� (2) The word �state� shall include any territory of the United States and District of Columbia.

�� (3) The word �summons� shall include a subpoena, order or other notice requiring the appearance of a witness. [Formerly 139.210]

�� 136.625 Where witness material to proceeding in another state is in this state. (1) If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certifies under the seal of such court that there is a criminal prosecution pending in such court, or that a grand jury investigation has commenced or is about to commence, that a person being within this state is a material witness in such prosecution, or grand jury investigation, and that the presence of the person will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which such person is, such judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing.

�� (2) If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending, or grand jury investigation has commenced or is about to commence, (and of any other state through which the witness may be required to pass by ordinary course of travel), will give to the witness protection from arrest and the service of civil and criminal process, the judge shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein.

�� (3) If said certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure the attendance of the witness in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before the judge for said hearing; and the judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability may, in lieu of issuing subpoena or summons, order that said witness be forthwith taken into custody and delivered to an officer of the requesting state only after the tender of payment of the mileage and per diem herein provided for.

�� (4) If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the sum of 10 cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and $5 for each day, that the witness is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state. [Formerly 139.220]

�� 136.627 Where witness material to proceeding in this state is in another state. (1) If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this state, is a material witness in a prosecution pending in a court of record in this state, or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the county stating these facts and specifying the number of days the witness will be required. Said certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure the attendance of the witness in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.

�� (2) If the witness is summoned to attend and testify in this state the witness shall be tendered the sum of 10 cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and $5 for each day that the witness is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a subpoena issued from a court of record in this state. [Formerly 139.230]

�� 136.630 [Repealed by 1973 c.836 �358]

�� 136.633 Immunity of witness from arrest or service of process. (1) If a person comes into this state in obedience to a summons directing the person to attend and testify in this state the person shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before the entrance of the person into this state under the summons.

�� (2) If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, the person shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before the entrance of the person into this state under the summons. [Formerly

ORS 139.240

139.240]

�� 136.635 Construction of ORS 136.623 to 136.637. ORS 136.623 to 136.637 shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of the states which enact the Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings. [Formerly 139.250]

�� 136.637 Short title. ORS 136.623 to 136.637 may be cited as Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings. [Formerly 139.260]

�� 136.640 [Repealed by 1973 c.836 �358]

(Competency)

�� 136.643 Defendant as witness. In the trial of or examination upon any indictment, complaint, information or other proceeding before any court, magistrate, jury or other tribunal against a person accused or charged with the commission of a crime, the person so charged or accused shall, at the own request of the person, but not otherwise, be deemed a competent witness, the credit to be given to the testimony of the person being left solely to the jury, under the instructions of the court, or to the discrimination of the magistrate, grand jury or other tribunal before which such testimony is given. The waiver of the person of this right creates no presumption against the person. The defendant or accused, when offering testimony as a witness in the own behalf of the defendant, gives the prosecution a right to cross-examination upon all facts to which the defendant or accused has testified and which tend to the conviction or acquittal of the defendant or accused. [Formerly 139.310]

�� 136.645 Codefendant as witness. No person named in an indictment, information or complaint as a codefendant shall be deemed incompetent to testify as a witness at the trial of another defendant solely because the person is so named. [Formerly 139.315]

�� 136.650 [Amended by 1973 c.836 �243; renumbered 136.460]

�� 136.655 Spouse as witness. (1) Except as provided in subsection (2) of this section, in all criminal actions in which a spouse in a marriage is the party accused, the other spouse is a competent witness, but neither spouse shall be compelled or allowed to testify in a criminal action, except as provided in ORS 40.255.

�� (2) There is no privilege under this section, or under ORS 40.255 in all criminal actions in which a spouse is charged with bigamy or with an offense or attempted offense against the person or property of the other spouse or of a child of either, or with an offense against the person or property of a third person committed in the course of committing or attempting to commit an offense against the other spouse. [Formerly 139.320; 1979 c.721 �1; 1981 c.892 �89; 2015 c.629 �29]

�� 136.660 [Amended by 1973 c.836 �244; renumbered 136.465]

�� 136.670 [Amended by 1973 c.836 �245; renumbered 136.470]

(Hypnotized Witnesses)

�� 136.675 Conditions for use of testimony of persons subjected to hypnosis. If either prosecution or defense in any criminal proceeding in the State of Oregon intends to offer the testimony of any person, including the defendant, who has been subjected to hypnosis, mesmerism or any other form of the exertion of will power or the power of suggestion which is intended to or results in a state of trance, sleep or entire or partial unconsciousness relating to the subject matter of the proposed testimony, performed by any person, it shall be a condition of the use of such testimony that the entire procedure be recorded either on videotape or any mechanical recording device. The unabridged videotape or mechanical recording shall be made available to the other party or parties in accordance with ORS 135.805 to 135.873. [1977 c.540 �1; 1983 c.740 �15]

�� 136.680 [Amended by 1973 c.836 �246; renumbered 136.475]

�� 136.685 Required explanations by law enforcement personnel to hypnosis subject; consent of subject required. (1) No person employed or engaged in any capacity by or on behalf of any state or local law enforcement agency shall use upon another person any form of hypnotism, mesmerism or any other form of the exertion of will power or the power of suggestion which is intended to or results in a state of trance, sleep or entire or partial unconsciousness without first explaining to the intended subject that:

�� (a) The intended subject is free to refuse to be subject to the processes delineated in this section;

�� (b) There is a risk of psychological side effects resulting from the process;

�� (c) If the intended subject agrees to be subject to such processes, it is possible that the process will reveal emotions or information of which the intended subject is not consciously aware and which the intended subject may wish to keep private; and

�� (d) The intended subject may request that the process be conducted by a doctor licensed under ORS 677.100 to 677.228 or a licensed psychologist, at no cost to the intended subject.

�� (2) In the event that the prospective subject refuses to consent, none of the processes delineated in subsection (1) of this section shall be used upon that person. [1977 c.540 �2; 2017 c.409 �5]

�� 136.690 [Renumbered 136.480]

�� 136.695 Evidence obtained in violation of ORS 136.675 or 136.685 inadmissible. No evidence secured in violation of ORS 136.675 or 136.685 shall be admissible in any criminal proceeding in this state. [1977 c.540 �3]

�� 136.700 [Amended by 1973 c.836 �247; renumbered 136.485]

�� 136.710 [Amended by 1973 c.836 �248; renumbered 136.490]

�� 136.720 [Amended by 1973 c.836 �249; renumbered 136.495]

�� 136.730 [Repealed by 1971 c.743 �432]

�� 136.750 [1993 c.379 �1; renumbered 153.805 in 1995]

�� 136.753 [1993 c.379 �2; renumbered 153.808 in 1995]

�� 136.756 [1993 c.379 �3; renumbered 153.810 in 1995]

PROCEDURE TO RELY ON ENHANCEMENT FACT AT SENTENCING

�� 136.760 Definitions for ORS 136.765 to 136.785.

As used in ORS 136.765 to 136.785:

�� (1) �Accusatory instrument� has the meaning given that term in ORS 131.005.

�� (2) �Enhancement fact� means a fact that is constitutionally required to be found by a jury in order to increase the sentence that may be imposed upon conviction of a crime. [2005 c.463 �1]

�� Note: 136.760 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 136.765 Notice to defendant. In order to rely on an enhancement fact to increase the sentence that may be imposed in a criminal proceeding, the state shall notify the defendant of its intention to rely on the enhancement fact by:

�� (1) Pleading the enhancement fact in the accusatory instrument; or

�� (2) Providing written notice to the defendant of the enhancement fact, and the state�s intention to rely on it, no later than 60 days after the defendant is arraigned on an indictment, waives indictment or is held to answer following a preliminary hearing, or 14 days before trial, whichever occurs earlier, unless the parties agree otherwise or the court authorizes a later date for good cause shown. [2005 c.463 �2; 2011 c.267 �1]

�� Note: 136.765 to 136.785 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 136.770 Enhancement fact related to offense. (1) When an enhancement fact relates to an offense charged in the accusatory instrument, the court shall submit the enhancement fact to the jury during the trial phase of the criminal proceeding unless the defendant:

�� (a) Defers trial of the enhancement fact under subsection (4) of this section; or

�� (b) Makes a written waiver of the right to a jury trial on the enhancement fact and:

�� (A) Admits to the enhancement fact; or

�� (B) Elects to have the enhancement fact tried to the court.

�� (2) If the defendant makes the election under subsection (1)(b)(B) of this section and is found guilty during the trial phase of the criminal proceeding, the enhancement fact shall be tried during the sentencing phase of the proceeding.

�� (3) If there is more than one enhancement fact relating to the offense and the defendant does not admit to all of them, the defendant shall elect to try to the jury or to the court all enhancement facts relating to the offense to which the defendant does not admit.

�� (4) If the court finds that trying an enhancement fact relating to the offense during the trial phase of the criminal proceeding would unfairly prejudice the jury�s verdict on an underlying offense, the court shall allow the defendant to defer trial of the enhancement fact to the sentencing phase of the proceeding without waiving the right to a jury trial on the enhancement fact.

�� (5) If two or more defendants are being tried in the same criminal proceeding, each defendant shall make the elections required by this section. [2005 c.463 �3]

�� Note: See note under 136.765.

�� 136.773 Enhancement fact related to defendant. (1) When an enhancement fact relates to the defendant, the court shall submit the enhancement fact to the jury during the sentencing phase of the criminal proceeding if the defendant is found guilty of an offense to which the enhancement fact applies unless the defendant makes a written waiver of the right to a jury trial on the enhancement fact and:

�� (a) Admits to the enhancement fact; or

�� (b) Elects to have the enhancement fact tried to the court.

�� (2) If the defendant makes the election under subsection (1)(b) of this section and is found guilty during the trial phase of the criminal proceeding, the enhancement fact shall be tried during the sentencing phase of the proceeding.

�� (3) If there is more than one enhancement fact relating to the defendant and the defendant does not admit to all of them, the defendant shall elect to try to the jury or to the court all enhancement facts relating to the defendant to which the defendant does not admit.

�� (4) If two or more defendants are being tried in the same criminal proceeding, each defendant shall make the elections required by this section.

�� (5) Unless the defendant waives the right to a jury trial on enhancement facts related to the defendant, the sentencing phase shall be conducted in the trial court before the jury following a finding of guilt by the jury. If for any reason a juror is unable to perform the function of a juror, the court shall dismiss the juror from the sentencing phase and draw the name of one of the alternate jurors. The alternate juror then becomes a member of the jury for the sentencing phase notwithstanding the fact that the alternate juror did not deliberate on the issue of guilt. The court may retain alternate jurors and may allow the substitution of an alternate juror after the jury has begun deliberations in accordance with ORS 136.280. [2005 c.463 �4; 2017 c.359 �3]

�� Note: See note under 136.765.

�� 136.776 Effect of waiver of right to jury trial. When a defendant waives the right to a jury trial on the issue of guilt or innocence, the waiver constitutes a written waiver of the right to a jury trial on all enhancement facts whether related to the offense or the defendant. [2005 c.463 �5]

�� Note: See note under 136.765.

�� 136.780 Evidence. All evidence received during the trial phase of a criminal proceeding may be considered by the jury or, if the defendant waives the right to a jury trial, by the court during the sentencing phase of the proceeding. [2005 c.463 �6]

�� Note: See note under 136.765.

�� 136.785 Burden of proof; effect of finding. (1) When an enhancement fact is tried to a jury, any question relating to the enhancement fact shall be submitted to the jury.

�� (2) The state has the burden of proving an enhancement fact beyond a reasonable doubt.

�� (3) An enhancement fact that is tried to a jury is not proven unless:

�� (a) The number of jurors who find that the state has met its burden of proof with regard to the enhancement fact is equal to or greater than the number of jurors that was required to find the defendant guilty of the crime; and

�� (b) Of the jurors who find that the state has met its burden of proof, at least the minimum number of jurors required by this subsection to prove an enhancement fact are also jurors who found the defendant guilty of the crime or alternate jurors as provided by ORS 136.773 (5).

�� (4) An enhancement fact that is tried to the court is not proven unless the court finds that the state has met its burden of proof with regard to the enhancement fact.

�� (5) A finding relating to an enhancement fact made by a jury during the trial or sentencing phase of a criminal proceeding may not be reexamined by the court. Notwithstanding the findings made by a jury relating to an enhancement fact, the court is not required to impose an enhanced sentence. [2005 c.463 �7; 2007 c.16 �3]

�� Note: See note under 136.765.

�� 136.790 Notice to defendant upon remand. In order to rely on an enhancement fact, as defined in ORS 136.760, to increase the sentence that may be imposed upon remand of a case described in section 21 (3), chapter 463, Oregon Laws 2005, the state, within a reasonable time before resentencing, shall notify the defendant of its intention to rely on the enhancement fact by providing written notice to the defendant of the enhancement fact and the state�s intention to rely on it. [2005 c.463 �22]

�� Note: 136.790 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 136.792 Jury upon remand. (1) For the purpose of imposing a new sentence in a case that has been remanded to a trial court that will result in resentencing for which a new sentence has not been imposed prior to July 7, 2005, the court may impanel a new jury to determine the enhancement facts as defined in ORS 136.760. Laws relating to impaneling a jury for a criminal trial apply to impaneling a jury under this section.

�� (2) ORS 136.785 (3) does not apply to a case in which the court has impaneled a new jury under this section. In a case with a jury impaneled under this section, an enhancement fact is not proven unless the number of jurors who find that the state has met its burden of proof with regard to the enhancement fact is equal to or greater than the number of jurors that was required to find the defendant guilty of the crime. [2005 c.463 �23]

�� Note: 136.792 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 136.810 [Amended by 1973 c.836 �250; renumbered 136.500]

�� 136.820 [Renumbered 136.505]

�� 136.830 [Amended by 1973 c.836 �251; renumbered 136.515]

�� 136.840 [Amended by 1973 c.836 �252; renumbered 136.525]

�� 136.850 [Repealed by 1971 c.565 �17 (136.851 enacted in lieu of 136.850)]

�� 136.851 [1971 c.565 �18 (136.851 enacted in lieu of 136.850); 1973 c.836 �253; renumbered 136.535]

ORS 14.040

14.040, may be brought in the county wherein the cause of suit, or some part thereof, arose.

�� 14.070 [Amended by 1987 c.331 �1; 1995 c.637 �10; 1995 c.666 �10; 1999 c.738 �5; 2003 c.264 �5; repealed by 2003 c.289 ��8,8a]

�� 14.080 Venue for other actions; residence of corporations and partnerships. (1) All other actions shall be commenced in the county in which the defendants, or one of them, reside at the commencement of the action or in the county where the cause of action arose. A party resident of more than one county shall be deemed a resident of each such county. If none of the defendants reside in this state the action may be commenced in any county.

�� (2) For purposes of this section, a corporation incorporated under the laws of this state, a limited partnership or a foreign corporation authorized to do business in this state shall be deemed to be a resident of any county where the corporation or limited partnership conducts regular, sustained business activity or has an office for the transaction of business or where any agent authorized to receive process resides. A foreign corporation or foreign limited partnership not authorized to transact business in this state shall be deemed not to be a resident of any county in this state.

�� (3) For purposes of this section, a partnership or other unincorporated association subject to being sued in its own name shall be deemed a resident of any county where any person resides upon whom summons could be served for service upon the partnership or unincorporated association. [Amended by 1983 c.163 �1]

CHANGE OF VENUE

�� 14.110 When place of trial may be changed. (1) The court or judge thereof may change the place of trial, on the motion of either party to an action or suit, when it appears from the affidavit or declaration under penalty of perjury in the form required by ORCP 1 E of such party that the motion is not made for the purpose of delay and:

�� (a) That the action or suit has not been commenced in the proper county;

�� (b) That the judge is a party to, or directly interested in the event of the action or suit, or connected by consanguinity or affinity within the third degree, with the adverse party or those for whom the adverse party prosecutes or defends;

�� (c) That the convenience of witnesses and the parties would be promoted by such change; or

�� (d) In an action, that the judge or the inhabitants of the county are so prejudiced against the party making the motion that the party cannot expect an impartial trial before the judge or in the county, as the case may be.

�� (2) When the moving party in an action is a nonresident of the county, the affidavit or declaration required under this section may be made by anyone on behalf of the moving party. [Amended by 2003 c.14 �15; 2025 c.256 �10]

�� 14.120 Time of motion; to what county changed; number of changes. The motion for a change of the place of trial may be made and allowed any time after the commencement of the action or suit and before the beginning of trial, except that, if the change sought is pursuant to the provisions of ORS 14.110 (1)(a), the motion must be made before filing of the answer. If the motion is allowed, the change shall be made to the county where the action or suit ought to have been commenced, if it is for the cause mentioned in ORS 14.110 (1)(a), and in other cases to the most convenient county where the cause assigned as the reason for the change does not exist. Neither party shall be entitled to more than one change of the place of trial, except for causes not in existence when the first change was allowed. [Amended by 1963 c.339 �1]

�� 14.130 Notice to proper or more convenient court. When the place of trial has been changed as provided in ORS 14.110, the clerk shall promptly notify the clerk of the proper or more convenient court of the change. [Amended by 2017 c.252 �8]

�� 14.140 [Amended by 1963 c.339 �2; repealed by 2017 c.252 �10]

�� 14.150 [Repealed by 2017 c.252 �10]

�� 14.160 When change of venue complete. A change of venue is complete upon entry of an order changing the place of trial, and thereafter the action shall proceed as though it had been commenced in the proper or more convenient court. [Amended by 2017 c.252 �9]

TRANSFER OF PROCEEDING AGAINST PUBLIC BODY

�� 14.165 Transfer of proceeding against public body; effect of transfer on statute of limitations; adoption of rules by Court of Appeals; filing fees. (1) If an action or other proceeding against a public body is filed in circuit court and the circuit court does not have authority to decide the case, the circuit court shall:

�� (a) Transfer the case to the court or tribunal authorized by law to decide the case if the circuit court determines that another court or tribunal is authorized by law to decide the case;

�� (b) Refer the question to the Court of Appeals if the circuit court is in doubt whether there is another court or tribunal authorized by law to decide the case; or

�� (c) Dismiss the action or proceeding if the circuit court determines that no other court or tribunal is authorized by law to decide the case.

�� (2) If an action or other proceeding against a public body is filed in the Court of Appeals and the Court of Appeals does not have authority to decide the case, the Court of Appeals shall:

�� (a) Transfer the case to the court or tribunal authorized by law to decide the case if the Court of Appeals determines that another court or tribunal is authorized by law to decide the case; or

�� (b) Dismiss the action or proceeding if the Court of Appeals determines that no other court or tribunal is authorized by law to decide the case.

�� (3) If a case is transferred by the circuit court under this section to a court or tribunal other than the Court of Appeals, and the court or tribunal determines, on its own motion or on the motion of a party, that the court or tribunal is not authorized by law to decide the case, the court or tribunal shall refer the question to the Court of Appeals.

�� (4) The Court of Appeals shall adopt rules for the referral of questions to the Court of Appeals under this section. The rules shall provide opportunity for the parties to address the question, but shall provide the Court of Appeals with the means to reach an expeditious and summary determination of the question.

�� (5) Upon referral of a question to the Court of Appeals under this section, the Court of Appeals shall:

�� (a) Transfer the case to the court or tribunal that the Court of Appeals determines to be authorized by law to decide the case;

�� (b) Decide the case if the Court of Appeals is the appropriate court; or

�� (c) Dismiss the action or proceeding if the Court of Appeals determines that no court or tribunal is authorized by law to decide the case.

�� (6) If an action or proceeding against a public body is transferred under this section, and the action or proceeding was filed in the transferring court within the time allowed by law for filing the action or proceeding in the receiving court or tribunal, the case may not be dismissed as not being filed within the time allowed by law.

�� (7) If an action or proceeding against a public body is filed in circuit court or the Court of Appeals based on a reasonable interpretation of law, and the circuit court or the Court of Appeals determines that the case should be transferred under this section, the case shall be transferred to the appropriate court or tribunal in the manner provided by this section and may not be dismissed as not being filed within the time allowed by law if:

�� (a) Under the interpretation of law made by the person filing the action or proceeding, the action or proceeding was filed in the proper court;

�� (b) Under the interpretation of law made by the person filing the action or proceeding, the action or proceeding was timely filed in the transferring court; and

�� (c) Any delay caused by the failure to file the action or proceeding within the time allowed for filing in the receiving court or tribunal does not substantially prejudice an adverse interest or public interest.

�� (8) If an order to transfer is entered under this section, the transferring court shall send a copy of the order to each party to the action or proceeding. Within 10 days after the entry of the transfer order, the person who filed the action or proceeding must file a copy of the transfer order in the receiving court or tribunal and, subject to any provision for waiver or deferral of fees, pay to the receiving court or tribunal any filing fees charged by that court or tribunal. Within such time as may be allowed by the receiving court or tribunal, the person must then comply with such additional pleading and service requirements as may be imposed by the receiving court or tribunal. The person filing the action or proceeding is not entitled to a refund of any filing fees paid to the transferring court.

�� (9) The provisions of this section do not apply to any action or proceeding that is subject to the provisions of ORS 34.102.

�� (10) As used in this section:

�� (a) �Public body� has the meaning given in ORS 192.311.

�� (b) �Tribunal� means a public body authorized by law to review decisions of another public body. [2001 c.561 �1]

�� 14.170 [Amended by 1971 c.298 �1; repealed by 1981 s.s. c.3 �141]

MOOTNESS

�� 14.175 Acts, policies or practices of public body capable of repetition and likely to evade judicial review. In any action in which a party alleges that an act, policy or practice of a public body, as defined in ORS 174.109, or of any officer, employee or agent of a public body, as defined in ORS 174.109, is unconstitutional or is otherwise contrary to law, the party may continue to prosecute the action and the court may issue a judgment on the validity of the challenged act, policy or practice even though the specific act, policy or practice giving rise to the action no longer has a practical effect on the party if the court determines that:

�� (1) The party had standing to commence the action;

�� (2) The act challenged by the party is capable of repetition, or the policy or practice challenged by the party continues in effect; and

�� (3) The challenged policy or practice, or similar acts, are likely to evade judicial review in the future. [2007 c.770 �1]

DISQUALIFICATION OF JUDGE

�� 14.210 Disqualification of judge for cause; application of section; waiver. (1) A judge shall not act as such in a court of which the judge is a member in any of the following circumstances:

�� (a) The judge shall not act as judge if the judge is a party to or directly interested in the action, suit or proceeding, except that the judge shall not be disqualified from acting as such in a case in which the judge is added as a party after taking any official action as a judge in the action, suit or proceeding, and in that case the judge shall be dismissed as a party without prejudice.

�� (b) Except as provided in ORS 2.111 and 2.570, a judge shall not act as judge if the judge was not present and sitting as a member of the court at the hearing of a matter submitted for its decision. A judge may sign an order or judgment reflecting a decision made by another judge if, for good cause, the judge who made the decision is not available.

�� (c) A judge shall not act as judge if the judge is related to any party, or to the attorney for any party, or to the partner or office associate of any such attorney, by consanguinity or affinity within the third degree.

�� (d) A judge shall not act as judge if the judge has been attorney in the action, suit or proceeding for any party.

�� (e) If appeal is made from a decision of another court, or judicial review of a decision of an administrative agency is sought, a judge shall not act as judge on appeal if the judge participated in making the decision that is subject to review.

�� (2) This section does not apply to an application to change the place of trial, or the regulation of the order of business in court. In the circumstances specified in subsection (1)(c) and (d) of this section, the disqualification shall be deemed waived by the parties unless a motion for disqualification of the judge is made as provided by statute or court rule. [Amended by 1983 c.763 �59; 1999 c.659 �3]

�� 14.220 [Repealed by 1955 c.408 �2]

�� 14.230 [Repealed by 1955 c.408 �2]

�� 14.240 [Repealed by 1955 c.408 �2]

�� 14.250 Disqualification of judge; transfer of cause; making up issues. No judge of a circuit court shall sit to hear or try any suit, action, matter or proceeding when it is established, as provided in ORS 14.250 to 14.270, that any party or attorney believes that such party or attorney cannot have a fair and impartial trial or hearing before such judge. In such case the presiding judge for the judicial district shall forthwith transfer the cause, matter or proceeding to another judge of the court, or apply to the Chief Justice of the Supreme Court to send a judge to try it; or, if the convenience of witnesses or the ends of justice will not be interfered with by such course, and the action or suit is of such a character that a change of venue thereof may be ordered, the presiding judge may send the case for trial to the most convenient court; except that the issues in such cause may, upon the written stipulation of the attorneys in the cause agreeing thereto, be made up in the district of the judge to whom the cause has been assigned. [1955 c.408 �1(1); 1981 c.215 �5; 1987 c.338 �1; 1995 c.781 �28]

�� 14.260 Affidavit and motion for change of judge; time for making; limit of two changes of judge; procedure when judge denied assignment to docket; rules. (1) Any party to or any attorney appearing in any cause, matter or proceeding in a circuit court may establish the belief described in ORS 14.250 by motion supported by affidavit that the party or attorney believes that the party or attorney cannot have a fair and impartial trial or hearing before the judge, and that it is made in good faith and not for the purpose of delay. Except as provided in subsection (7) of this section, no specific grounds for the belief need be alleged. The motion shall be allowed unless the judge moved against, or the presiding judge for the judicial district, challenges the good faith of the affiant and sets forth the basis of the challenge. In the event of a challenge, a hearing shall be held before a disinterested judge. The burden of proof is on the challenging judge to establish that the motion was made in bad faith or for the purposes of delay.

�� (2) The affidavit shall be filed with the motion at any time prior to final determination of the cause, matter or proceedings in uncontested cases, and in contested cases before or within five days after the cause, matter or proceeding is at issue upon a question of fact or within 10 days after the assignment, appointment and qualification or election and assumption of office of another judge to preside over the cause, matter or proceeding.

�� (3) A motion to disqualify a judge may not be made after the judge has ruled upon any petition, demurrer or motion other than a motion to extend time in the cause, matter or proceeding. A motion to disqualify a judge or a judge pro tem, assigned by the Chief Justice of the Supreme Court to serve in a county other than the county in which the judge or judge pro tem resides may not be filed more than five days after the party or attorney appearing in the cause receives notice of the assignment.

�� (4) In judicial districts having a population of 200,000 or more, the affidavit and motion for change of judge shall be made at the time and in the manner prescribed in ORS

ORS 142.070

142.070�� Powers and duties of peace officers respecting theft and slaughter of animals and other property

�� 142.010 Officer�s custody of stolen property is subject to order of magistrate or court. When property alleged to have been the subject of a theft comes into the custody of a peace officer, the peace officer shall hold it subject to the order of the magistrate or court, as provided in ORS 142.020. [Amended by 1971 c.743 �334]

�� 142.020 Delivery of stolen property to owner. (1) On satisfactory proof of the title of the owner of the property, the magistrate who examines the charge against the person accused of the crime shall order it to be delivered to the owner, or the duly authorized agent of the owner, on the paying by the owner of the reasonable and necessary expenses incurred in its preservation, which shall be ascertained and certified by the magistrate.

�� (2) If property that is the subject of a theft has not been delivered to the owner, the court before which a trial is had for the stealing thereof may, on like proof and condition, order its delivery to the owner or the agent of the owner. [Amended by 1971 c.743 �335]

�� 142.030 Rights and authority conferred by order of delivery. The order provided for in ORS 142.020 entitles the owner or the agent of the owner to demand and receive the possession of the property from the officer having it in custody and authorizes such officer to deliver it accordingly; but it does not affect the rights of third persons.

�� 142.040 Disposal of unclaimed money or property; sale of property. If stolen property is not claimed by the owner within 60 days from the conviction of the person charged with the theft, the officer having it in custody shall, if it is money, pay it into the county treasury. If it is other property, the officer may dispose of the property in accordance with ORS 98.245 or sell it as upon an execution and, after paying the expenses of the sale and preservation of the property, which shall be ascertained and certified by the clerk of the court, pay the proceeds into the county treasury. [Amended by 1971 c.743 �336; 1997 c.480 �4]

�� 142.050 Title of purchaser at sale. A sale of property pursuant to ORS 142.040 conveys a good title to the purchaser as against any person.

�� 142.060 Crediting and appropriating proceeds of sale paid into county treasury; rights of owner. Money paid into the county treasury pursuant to ORS 142.040 shall be credited and appropriated as a fine imposed upon a person convicted of theft; but the owner of the property, at any time within six years of the conviction, upon making satisfactory proof of ownership before the county court of the county, may, by the order of such court, have the proceeds repaid to the owner from the county treasury. [Amended by 1971 c.743 �337]

�� 142.070 Powers and duties of peace officers respecting theft and slaughter of animals and other property. All persons serving as special officers for the enforcement of any state or municipal law hereby are vested with the full powers of peace officers in so far as the same may be necessary or convenient for the apprehension of any persons engaged in, or accused of, the theft or slaughter of livestock, livestock carcasses, poultry, killed or dressed, or other personal property and products of the same or different kind from farms, pastures, ranges, industrial plants and other places of production or robbing the owners of such personal property, or other persons in possession of the same; for the prevention of such crimes; and for obtaining and seeking to obtain evidence of such crimes. It is the duty of all peace officers in the State of Oregon to enforce all laws for the protection of the property and the prevention of the crimes above mentioned.

�� 142.080 [Amended by 1973 c.836 �77; renumbered 133.460]

�� 142.090 [Amended by 1973 c.836 �78; renumbered 133.465]

�� 142.100 [Amended by 1973 c.836 �79; renumbered 133.470]

�� 142.110 [Amended by 1973 c.836 �80; renumbered 133.475]

�� 142.120 [Renumbered 133.485]

�� 142.130 [Renumbered 133.495]

�� 142.210 [Amended by 1973 c.836 �76; renumbered 133.455]

�� 142.990 [Repealed by 1973 c.836 �358]

ORS 144.096

144.096, as a condition of post-prison supervision under ORS 144.102 or as a condition of parole under ORS 144.270.

�� (2) The board shall include in the rules:

�� (a) A general prohibition against allowing a sex offender to reside near locations where children are the primary occupants or users;

�� (b) The bases upon which exceptions to the general prohibition required by paragraph (a) of this subsection are authorized;

�� (c) A prohibition against allowing a sex offender to reside in any dwelling in which another sex offender on probation, parole or post-prison supervision resides unless authorized as provided in ORS 144.102 (4)(b)(M); and

�� (d) A process that allows communities and community corrections agencies that would be affected by a decision about the location of a sex offender�s residence to be informed of the decision making process before the offender is released.

�� (3) Based upon the rules adopted under subsections (1) and (2) of this section, the board shall develop a decision matrix to be used in determining the specific residence for a sex offender. [2001 c.365 �3; 2005 c.576 �6; 2011 c.258 �4]

�� Note: See note under 144.641.

�� 144.646 Use of rules and matrix by community corrections agency. When a community corrections agency reviews a proposed release plan for a sex offender, the agency shall follow the rules adopted by and utilize the decision matrix developed by the Department of Corrections under ORS 144.642 in making decisions about the permanent residence of the sex offender. [2001 c.365 �4]

�� Note: See note under 144.641.

EXECUTIVE CLEMENCY

�� 144.649 Granting reprieves, commutations and pardons generally; remission of penalties and forfeitures. Upon such conditions and with such restrictions and limitations as the Governor thinks proper, the Governor may grant reprieves, commutations and pardons, after convictions, for all crimes and may remit, after judgment therefor, all penalties and forfeitures. [Formerly 144.640]

�� 144.650 Notice of intention to apply for pardon, commutation or remission; proof of service; duties of district attorney. (1) When an application for a pardon, commutation or remission is made to the Governor, a copy of the application, signed by the person applying and stating fully the grounds of the application, shall be served upon:

�� (a) The district attorney of the county where the conviction occurred;

�� (b) If the person applying is housed in a correctional facility within the State of Oregon, the district attorney of the county in which the correctional facility is located;

�� (c) The State Board of Parole and Post-Prison Supervision; and

�� (d) The Director of the Department of Corrections.

�� (2) Proof by affidavit of the service shall be presented to the Governor.

�� (3) Upon receiving a copy of the application, the district attorney of the county where the conviction occurred shall:

�� (a) Notify the victim of the crime concerning the application and the victim�s right to provide the Governor with any information relevant to the Governor�s decision;

�� (b) Provide the Governor with any information relevant to the Governor�s decision that the victim wishes to have provided; and

�� (c) Provide the Governor with copies of the following documents:

�� (A) Police and other investigative reports;

�� (B) The charging instrument;

�� (C) The plea petition, if applicable;

�� (D) The judgment of conviction and sentence;

�� (E) Any victim impact statements submitted or filed; and

�� (F) Any documents evidencing the applying person�s payment or nonpayment of restitution or compensatory fines ordered by the court.

�� (4) In addition to providing the documents described in subsection (3) of this section, upon receiving a copy of the application for pardon, commutation or remission, any person or agency named in subsection (1) of this section shall provide to the Governor as soon as practicable such information and records relating to the case as the Governor may request and shall provide further information and records relating to the case that the person or agency considers relevant to the issue of pardon, commutation or remission, including but not limited to:

�� (a) Statements by the victim of the crime or any member of the victim�s immediate family, as defined in ORS 163.730;

�� (b) A statement by the district attorney of the county where the conviction occurred; and

�� (c) Photos of the victim and the autopsy report, if applicable.

�� (5) Following receipt by the Governor of an application for pardon, commutation or remission, the Governor shall not grant the application for at least 30 days. Upon the expiration of 180 days, if the Governor has not granted the pardon, commutation or remission applied for, the application shall lapse. Any further proceedings for pardon, commutation or remission in the case shall be pursuant only to further application and notice. [Formerly 143.040; 1983 c.776 �1; 1987 c.320 �79; 1995 c.805 �1; 2019 c.369 �5]

�� 144.653 Sealing records of pardoned conviction; notice to victim. (1) When the Governor grants a pardon, the Governor or the Governor�s designee shall within 10 days notify:

�� (a) The presiding judge of the circuit court of the county in which the pardoned conviction occurred; and

�� (b) The district attorney of the county in which the pardoned conviction occurred.

�� (2) Upon receipt of the notification described in subsection (1)(a) of this section, the presiding judge shall issue an order sealing the record of conviction and other official records in the case, including the records of arrest, citation or charge but excluding records of the pardon produced under ORS 144.650 or

ORS 147.285

147.285 upon the amounts had the notice been given. [2005 c.383 �9]

�� 147.298 Where action may be initiated. The Department of Justice may initiate an action under ORS 147.294 and 147.296 in the circuit court for Marion County, the county where the compensable crime occurred or the county in which any party bound by the judgment, settlement or compromise resides. [2005 c.383 �10]

(Miscellaneous Provisions)

�� 147.305 Effect of criminal conviction on compensation proceedings. If any person is convicted of a crime based on a compensable crime for which application for compensation is made, proof of the conviction shall be conclusive evidence that the crime was committed. [1977 c.376 �11]

�� 147.315 Charging fees to applicants prohibited. No fee may be charged to the applicant in any proceeding under ORS 147.005 to 147.367. [1977 c.376 �17; 2012 c.81 �17]

�� 147.325 Compensation not subject to assignment or legal process prior to receipt by beneficiary. No compensation payable under ORS 147.005 to 147.367 shall, prior to actual receipt thereof by the person or beneficiary eligible therefor, or their legal representatives, be assignable or subject to execution, garnishment, attachment or any other process, including process to satisfy an order or judgment for support or alimony. [1977 c.376 �18; 1991 c.862 �8; 2012 c.81 �18]

�� 147.335 Compensation rights not to survive beneficiary; death of beneficiary after filing of application. The rights to compensation created by ORS 147.005 to 147.367 are personal and shall not survive the death of the person or beneficiary eligible therefor. However, if such death occurs after an application for compensation has been filed with the Department of Justice, the proceeding shall not abate, but may be continued by the legal representative of the decedent�s estate. [1977 c.376 �19; 1991 c.862 �9; 2012 c.81 �19]

�� 147.345 State subrogated to rights accruing to beneficiary; suit by state against assailant; disposition of proceeds; settlement. (1) The acceptance of an award made pursuant to ORS 147.005 to 147.367 shall subrogate the state, to the extent of such award, to any right or right of action accruing to the applicant or recipient against the assailant or any other person or entity liable for the injury constituting the basis for the award.

�� (2)(a) On behalf of the state, the Department of Justice may bring suit against an assailant to recover the amount of compensation paid to an applicant or recipient of an award made pursuant to ORS 147.005 to 147.367 as a result of the assailant�s commission of a compensable crime. Before initiating a suit under this subsection, the Department of Justice must notify the applicant or recipient that the Department of Justice is going to initiate a suit. A suit under this subsection does not affect any right or right of action accruing to the applicant or recipient against the assailant for the injury constituting the basis for the award, except that the assailant may be able to offset payments made to the Department of Justice against any award to the applicant or recipient for the same damages. The assailant also may offset any payments the assailant has made to the applicant or recipient for the same damages against any recovery by the Department of Justice under this subsection.

�� (b) In a suit under this subsection, the Department of Justice may recover attorney fees and costs of suit.

�� (c) Each separate payment of compensation under ORS 147.005 to 147.367 creates a cause of action under this subsection.

�� (3) Any settlement of a right or right of action against the assailant or any other person or entity by the victim or the dependent of the victim based on the compensable crime must be approved by the Department of Justice if the department has made an award to the victim or the dependent of the victim. If the settlement is not approved by the department, the department may void the settlement. [1977 c.376 �20; 1987 c.770 �8; 2001 c.371 �1; 2012 c.81 �20]

�� 147.355 [1977 c.376 �21; 2003 c.576 �389; repealed by 2005 c.383 �13]

�� 147.365 Law enforcement agencies to inform crime victims of compensation procedure; agencies not civilly liable for failure to comply. (1) All law enforcement agencies in this state shall deliver cards to victims of crime stating the procedure to be followed in applying for compensation under ORS 147.005 to 147.367.

�� (2) No law enforcement agency shall be civilly liable for a failure to comply with subsection (1) of this section. [1977 c.376 �27; 2012 c.81 �21]

SERVICES TO VICTIMS OF ACTS OF MASS DESTRUCTION

�� 147.367 Services to victims of acts of mass destruction; Department of Justice. (1) The Department of Justice may initiate and participate in planning, training and organizational efforts intended to prepare to deliver services to individuals traumatized by an act of war, terrorism or sabotage or a criminal act that results in the death of, or physical injury to, numerous individuals or that results in the massive destruction of property.

�� (2) The department may assist in delivering services to individuals traumatized by an act of war, terrorism or sabotage or a criminal act that results in the death of, or physical injury to, numerous individuals or that results in the massive destruction of property. [2003 c.770 �11]

�� 147.375 [1987 c.241 �1; repealed by 2003 c.789 �10]

SERVICES FOR VICTIMS OF BIAS CRIMES

�� 147.380 Service referral for bias incidents; telephone hotline; response coordinator; rules. (1) As used in this section:

�� (a) �Bias crime� means the commission, attempted commission or alleged commission of an offense described in ORS 166.155 or 166.165.

�� (b) �Bias incident� means a person�s hostile expression of animus toward another person, relating to the other person�s perceived race, color, religion, gender identity, sexual orientation, disability or national origin, of which criminal investigation or prosecution is impossible or inappropriate. �Bias incident� does not include any incident in which probable cause of the commission of a crime is established by the investigating law enforcement officer.

�� (c) �Hate crimes hotline� means the telephone hotline established by the Department of Justice under subsection (3) of this section.

�� (d) �Local victims� services� means services provided to a victim of a bias crime or bias incident, including but not limited to safety planning, trauma management and data reporting, by an entity located in the same geographic area as the law enforcement agency that responds to the bias crime or bias incident.

�� (2)(a) A law enforcement agency that responds to a report of a bias incident shall refer the victim of the bias incident to qualifying local victims� services.

�� (b) The Department of Justice shall by rule designate qualifying local victims� services.

�� (c) If qualifying local victims� services are unavailable, the law enforcement agency shall refer the victim of the bias incident to the hate crimes hotline.

�� (3) The Department of Justice shall establish a staffed hate crimes telephone hotline dedicated to assisting the victims of bias crimes and bias incidents.

�� (4) There is created in the Department of Justice the position of Hate Crimes Response Coordinator. The Hate Crimes Response Coordinator shall:

�� (a) Respond to all reports of bias crimes and bias incidents made to the hate crimes hotline.

�� (b) Provide assistance to victims of bias crimes and bias incidents that is culturally competent and designed to reduce the effects of trauma, prevent further trauma and reach a diverse community.

�� (c) Assist with safety planning for victims of bias crimes and bias incidents.

�� (d) Coordinate with local nongovernmental organizations and service providers in assisting victims of bias crimes and bias incidents.

�� (e) Develop training for nongovernmental organizations and service providers to standardize methods for assisting victims of bias crimes and bias incidents.

�� (5)(a) The Department of Justice shall:

�� (A) In coordination with the Oregon Criminal Justice Commission, develop a standardized intake process for all reports of bias crimes and bias incidents made to the department.

�� (B) Collect all data possible concerning the character, location and impacted protected class of any bias crime or bias incident reported to the department.

�� (C) Report to the commission continually and at least quarterly all data collected pursuant to this subsection.

�� (b) The data reported to the commission under this subsection may not contain information that might reveal the identity of any individual.

�� (6) Any data collected by the Department of Justice under this section that might reveal the identity of any individual is exempt from public disclosure.

�� (7) The Department of Justice may adopt rules to carry out the provisions of this section. [2019 c.553 �8; 2023 c.549 �6]

�� Note: 147.380 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 147 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 147.385 Training program for victim assistance program employees. No later than January 1, 2025, the Department of Justice shall develop and begin delivering a training program for employees of district attorney victim assistance programs to assist the employees with providing services to victims of bias crimes as defined in ORS

ORS 161.200

161.200, 161.205 and 161.295. Specific ORS references have not been substituted, pursuant to 173.160. These sections may be determined by referring to the 1971 Comparative Section Table located in Volume 22 of ORS.

�� 161.020 [Amended by 1967 c.372 �9; repealed by 1971 c.743 �432]

�� 161.025 Purposes; principles of construction. (1) The general purposes of chapter 743, Oregon Laws 1971, are:

�� (a) To insure the public safety by preventing the commission of offenses through the deterrent influence of the sentences authorized, the correction and rehabilitation of those convicted, and their confinement when required in the interests of public protection.

�� (b) To forbid and prevent conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests.

�� (c) To give fair warning of the nature of the conduct declared to constitute an offense and of the sentences authorized upon conviction.

�� (d) To define the act or omission and the accompanying mental state that constitute each offense and limit the condemnation of conduct as criminal when it is without fault.

�� (e) To differentiate on reasonable grounds between serious and minor offenses.

�� (f) To prescribe penalties which are proportionate to the seriousness of offenses and which permit recognition of differences in rehabilitation possibilities among individual offenders.

�� (g) To safeguard offenders against excessive, disproportionate or arbitrary punishment.

�� (2) The rule that a penal statute is to be strictly construed shall not apply to chapter 743, Oregon Laws 1971, or any of its provisions. Chapter 743, Oregon Laws 1971, shall be construed according to the fair import of its terms, to promote justice and to effect the purposes stated in subsection (1) of this section. [1971 c.743 �2]

�� Note: See note under 161.015.

�� 161.030 [Amended by 1955 c.660 �20; 1967 c.372 �10; repealed by 1971 c.743 �432]

�� 161.035 Application of Criminal Code. (1) Chapter 743, Oregon Laws 1971, shall govern the construction of and punishment for any offense defined in chapter 743, Oregon Laws 1971, and committed after January 1, 1972, as well as the construction and application of any defense to a prosecution for such an offense.

�� (2) Except as otherwise expressly provided, or unless the context requires otherwise, the provisions of chapter 743, Oregon Laws 1971, shall govern the construction of and punishment for any offense defined outside chapter 743, Oregon Laws 1971, and committed after January 1, 1972, as well as the construction and application of any defense to a prosecution for such an offense.

�� (3) Chapter 743, Oregon Laws 1971, shall not apply to or govern the construction of and punishment for any offense committed before January 1, 1972, or the construction and application of any defense to a prosecution for such an offense. Such an offense shall be construed and punished according to the law existing at the time of the commission of the offense in the same manner as if chapter 743, Oregon Laws 1971, had not been enacted.

�� (4) When all or part of a criminal statute is amended or repealed, the criminal statute or part thereof so amended or repealed remains in force for the purpose of authorizing the accusation, prosecution, conviction and punishment of a person who violated the statute or part thereof before the effective date of the amending or repealing Act. [1971 c.743 �5]

�� Note: See note under 161.015.

�� 161.040 [Repealed by 1971 c.743 �432]

�� 161.045 Limits on application. (1) Except as otherwise expressly provided, the procedure governing the accusation, prosecution, conviction and punishment of offenders and offenses is not regulated by chapter 743, Oregon Laws 1971, but by the criminal procedure statutes.

�� (2) Chapter 743, Oregon Laws 1971, does not affect any power conferred by law upon a court-martial or other military authority or officer to prosecute and punish conduct and offenders violating military codes or laws.

�� (3) Chapter 743, Oregon Laws 1971, does not bar, suspend or otherwise affect any right or liability to damages, penalty, forfeiture or other remedy authorized by law to be recovered or enforced in a civil action, regardless of whether the conduct involved in the proceeding constitutes an offense defined in chapter 743, Oregon Laws 1971.

�� (4) No conviction of a person for an offense works a forfeiture of the property of the person, except in cases where a forfeiture is expressly provided by law. [1971 c.743 �6]

�� Note: See note under 161.015.

�� 161.050 [Repealed by 1971 c.743 �432]

�� 161.055 Burden of proof as to defenses. (1) When a �defense,� other than an �affirmative defense� as defined in subsection (2) of this section, is raised at a trial, the state has the burden of disproving the defense beyond a reasonable doubt.

�� (2) When a defense, declared to be an �affirmative defense� by chapter 743, Oregon Laws 1971, is raised at a trial, the defendant has the burden of proving the defense by a preponderance of the evidence.

�� (3) The state is not required to negate a defense as defined in subsection (1) of this section unless it is raised by the defendant. �Raised by the defendant� means either notice in writing to the state before commencement of trial or affirmative evidence by a defense witness in the defendant�s case in chief. [1971 c.743 �4]

�� Note: See note under 161.015.

�� 161.060 [Repealed by 1971 c.743 �432]

�� 161.062 [1985 c.722 �4; 1991 c.386 �8; repealed by 1999 c.136 �1]

�� 161.065 Evidence of physical injury. (1) In a prosecution for an offense that includes, as an element, causing physical injury to another person, evidence of physical injury may include but is not limited to:

�� (a) Testimony by the person alleged to have been injured;

�� (b) Evidence of physical trauma;

�� (c) Testimony from witnesses indicating that the person alleged to have been injured experienced substantial pain or impairment of physical condition; or

�� (d) Expert testimony addressing the effect of the type and amount of force used by the defendant.

�� (2) As used in this section, �physical trauma� includes but is not limited to fractures, cuts, punctures, bruises, burns or other observable effects. [2023 c.205 �1]

�� 161.067 Determining punishable offenses for violation of multiple statutory provisions, multiple victims or repeated violations. (1)(a) When the same conduct or criminal episode violates two or more statutory provisions and each provision requires proof of an element that the others do not, there are as many separately punishable offenses as there are separate statutory violations.

�� (b) Notwithstanding ORS 132.586, 163.160 and 163.190 and paragraph (a) of this subsection, a pleading, admission or finding that criminal conduct constitutes a crime involving domestic violence, as defined in ORS 135.230, is not an element for purposes of this section.

�� (2) When the same conduct or criminal episode, though violating only one statutory provision involves two or more victims, there are as many separately punishable offenses as there are victims. However, two or more persons owning joint interests in real or personal property shall be considered a single victim for purposes of determining the number of separately punishable offenses if the property is the subject of one of the following crimes:

�� (a) Theft as defined in ORS 164.015.

�� (b) Unauthorized use of a vehicle as defined in ORS 164.135.

�� (c) Criminal possession of rented or leased personal property as defined in ORS 164.140.

�� (d) Criminal possession of a rented or leased motor vehicle as defined in ORS 164.138.

�� (e) Burglary as defined in ORS 164.215 or 164.225.

�� (f) Criminal trespass as defined in ORS 164.243, 164.245, 164.255, 164.265 or 164.278.

�� (g) Arson and related offenses as defined in ORS 164.315, 164.325 or 164.335.

�� (h) Forgery and related offenses as defined in ORS 165.002 to 165.070.

�� (3) When the same conduct or criminal episode violates only one statutory provision and involves only one victim, but nevertheless involves repeated violations of the same statutory provision against the same victim, there are as many separately punishable offenses as there are violations, except that each violation, to be separately punishable under this subsection, must be separated from other such violations by a sufficient pause in the defendant�s criminal conduct to afford the defendant an opportunity to renounce the criminal intent. Each method of engaging in oral or anal sexual intercourse as defined in ORS 163.305, and each method of engaging in unlawful sexual penetration as defined in ORS 163.408 and

ORS 163.375

163.375 or other comparable law of another jurisdiction; and

�� (B) The rape resulted in the conception of the child.

�� (b) A denial of custody under this subsection does not relieve the parent of any obligation to pay child support. [1975 c.722 �2; 1987 c.795 �14; 1997 c.707 �35; 1999 c.762 �2; 2011 c.438 �3; 2013 c.72 �1; 2025 c.592 �114]

�� 107.138 Temporary status quo order regarding child custody. (1)(a) A court, upon the motion of a party, may enter a temporary status quo order to either party in a proceeding to modify a judgment that awards custody of a child after:

�� (A) Notifying the other party; and

�� (B) Giving the other party an opportunity to contest issuance of the order.

�� (b) The motion for a temporary status quo order must be supported by an affidavit or a declaration under penalty of perjury in the form required by ORCP 1 E, setting forth with specificity the information required by ORS 109.767 and the person with whom the child has lived during the preceding year and the child�s current schedule, daily routine and usual place of residence.

�� (c) Notice to the party against whom the motion for the order is sought must be served at least 21 days before the date set for the hearing. The issue at the hearing is limited to a determination of the status quo at the time the motion for the order was filed.

�� (2) A temporary status quo order restrains and enjoins each parent from:

�� (a) Changing the child�s usual place of residence;

�� (b) Interfering with the present placement and daily schedule of the child;

�� (c) Hiding or secreting the child from the other parent;

�� (d) Interfering with the other parent�s usual contact and parenting time with the child;

�� (e) Leaving the state with the child without the written permission of the other parent or the permission of the court; or

�� (f) In any manner disturbing the current schedule and daily routine of the child until the motion for modification has been granted or denied.

�� (3) For purposes of this section:

�� (a) �Child�s usual place of residence� means the place where the child is living at the time the motion for the temporary order is filed and has lived continuously for a period of three consecutive months, excluding any periods of time during which the noncustodial parent did exercise, or would otherwise have exercised, parenting time.

�� (b) �Parent�s usual contact and parenting time,� �present placement and daily schedule of the child� and �current schedule and daily routine of the child� mean the contact, parenting time, placement, schedule and routine at the time the motion for the temporary order is filed. [1995 c.792 �2; 1997 c.136 �2; 1997 c.386 �1; 1997 c.707 ��10,10a; 1999 c.649 �47; 2015 c.121 �5]

�� 107.139 Post-judgment ex parte temporary custody or parenting time order; hearing. (1)(a) Following entry of a judgment, a court may enter ex parte a temporary order providing for the custody of, or parenting time with, a child if:

�� (A) A parent of the child is present in court and presents an affidavit or a declaration under penalty of perjury in the form required by ORCP 1 E, alleging that the child is in immediate danger;

�� (B) The parent has made a good faith effort to confer with the other party regarding the purpose and time of this court appearance; and

�� (C) The court finds by clear and convincing evidence, based on the facts presented in the parent�s testimony, the parent�s affidavit or declaration under penalty of perjury and the testimony of the other party, if the other party is present, that the child is in immediate danger.

�� (b) When determining whether a child is in immediate danger for purposes of this section, the court shall consider whether, absent the temporary order, the child is at present risk of physical harm, severe psychological damage, sex abuse, severe neglect significantly affecting the child�s daily life or other similar harms. The court may not find that a child is in immediate danger for purposes of this section based solely on a parent�s homelessness, illness, poverty or other similar circumstances.

�� (c) The party requesting an order under this subsection shall provide the court with telephone numbers where the party can be reached at any time during the day and a contact address.

�� (d) A copy of the order and the supporting affidavit or declaration under penalty of perjury must be served on the other party in the manner of service of a summons under ORCP 7. The order must include the following statement:

��

Notice: You may request a hearing on this order as long as it remains in effect by filing with the court a request for a hearing. In the request you must tell the court and the other party that you object to the order on the ground that the child was not in immediate danger at the time the order was issued. In the request you must also inform the court of your telephone number or contact number and your current residence, mailing or contact address.

�� (2)(a) A party against whom an order is entered under subsection (1) of this section may request a hearing by filing with the court a hearing request described in subsection (1) of this section at any time while the order is in effect.

�� (b) The court shall hold a hearing within 14 days after receipt of the request for the hearing. The court shall notify each party of the time, date and place of the hearing.

�� (c) An order issued under subsection (1) of this section remains in effect through the date of the hearing. If the party against whom the order was entered fails to appear at the hearing without good cause, the court shall continue the order in effect. If the party who obtained the order fails to appear at the hearing without good cause, the court shall vacate the order.

�� (d) The issue at a hearing to contest a temporary order for the custody of, or parenting time with, a child is limited to whether the child was in immediate danger at the time the order was issued.

�� (3) The State Court Administrator shall prescribe the content and form of a request for a hearing described in this section.

�� (4) A party seeking relief under this section shall concurrently file, or have pending, a motion under ORS 107.135 to set aside, alter or modify any portion of the judgment that provides for custody, parenting time or visitation. [1997 c.386 �2; 1997 c.707 �6a; 2007 c.11 �2; 2011 c.114 �3; 2015 c.121 �6; 2025 c.122 �2]

�� 107.140 [Paragraph (f) of subsection (1) of 1959 Replacement Part enacted as 1955 c.72 �1; repealed by 1961 c.551 �2]

�� 107.141 [1961 c.551 �1; repealed by 1971 c.280 �28]

�� 107.142 [1971 c.280 �17; 1973 c.530 �1; 1981 c.537 �1; repealed by 2003 c.576 �580]

�� 107.145 Legislative findings regarding deployed parent; vacation or modification of judgment for deployed parent; temporary order; service; absence of child from state. (1) The Legislative Assembly finds and declares that:

�� (a) Establishing a fair, efficient and expeditious process to resolve child custody and visitation issues when a parent is deployed with the Armed Forces of the United States, National Guard or other reserve component is in the best interests of the child of such a deployed parent; and

�� (b) Courts should, to the extent feasible within existing resources and court practices, prioritize the scheduling for hearing of family law matters involving a deployed parent or a parent whose deployment is imminent, avoid unnecessary delays or continuances and ensure that deployed parents are not denied access to their children because of their deployment.

�� (2) As used in this section and ORS 107.146:

�� (a) �Deployed parent� means a parent of a minor child whose parental rights have not been terminated who is deployed with the Armed Forces of the United States, National Guard or other reserve component.

�� (b) �Deployment� or �deployed�:

�� (A) Means military service in compliance with written orders received by an active duty or reserve member of the Armed Forces of the United States, National Guard or other reserve component to report for combat operations, contingency operations, peacekeeping operations, temporary duty, a remote tour of duty or other active military service;

�� (B) Includes the period of time from which the deployed parent receives and is subject to written orders to deploy to the actual date of deployment; and

�� (C) Includes any period of time in which the deployed parent is awaiting travel to or from a deployment destination or remains deployed because of sickness, wounds, leave or other lawful cause.

�� (3) Notwithstanding ORS 107.135 and except as provided in subsection (4) of this section, a court may not set aside, alter or modify any portion of a judgment of annulment, separation or dissolution of marriage that provides for the custody, parenting time, visitation, support and welfare of a minor child of a deployed parent until 90 days after the completion of the deployed parent�s deployment unless a motion to set aside, alter or modify was filed with, heard by and decided by the court before the commencement of the deployed parent�s deployment.

�� (4)(a) Notwithstanding ORS 107.138 and 107.139, a court may enter a temporary order modifying the terms of a preexisting judgment of annulment, separation or dissolution of marriage that provides for the custody, parenting time, visitation, support and welfare of a minor child of a deployed parent to reasonably accommodate the circumstances of the deployed parent�s deployment in the best interests of the child, upon motion filed by either party and after service of notice on the other party in the manner provided by ORCP 7, and after notice to the Administrator of the Division of Child Support of the Department of Justice or the branch office providing support services when required by subsection (6) of this section. The nondeployed parent bears the burden of proof that the provisions of a temporary order made under this subsection are not in the best interests of the child.

�� (b) A temporary order entered under this subsection must include the following provisions:

�� (A) Parenting time for the deployed parent during periods of approved leave in the best interests of the child;

�� (B) Parenting time for the deployed parent during periods of deployment in the best interests of the child including but not limited to contact by telephone, electronic mail and other electronic means such as video and visual imaging;

�� (C) Modification of the child support provisions of the preexisting judgment to reflect the changed circumstances of the parents and the child during the period of deployment;

�� (D) A requirement that the nondeployed parent provide the court and the deployed parent with written notice 30 days prior to a change of address or telephone number during the period of deployment;

�� (E) That the temporary order entered under this subsection terminates by operation of law upon completion of deployment and that the provisions of the preexisting judgment that have been modified by the temporary order are automatically reinstated unless a request is made and granted under subsection (7) of this section;

�� (F) That all other provisions of the preexisting judgment not modified by the temporary order remain in effect; and

�� (G) That deployment is considered completed for purposes of reinstating the provisions of the preexisting judgment that have been modified by the temporary order 10 days after the date on which the deployed parent serves the nondeployed parent and provides to the court and to the Administrator of the Division of Child Support of the Department of Justice or the branch office providing support services to the county in which the motion is filed copies of written orders or other official notification that the deployed parent is no longer deployed.

�� (5) A temporary order entered under subsection (4) of this section may include a provision allowing or requiring reasonable visitation between the child of a deployed parent and a stepparent, grandparent or other family member related to the child with whom the child has an ongoing relationship as defined in ORS

ORS 163.730

163.730 in more than one county, trial of the offense may be held in any county in which a contact occurred.

�� (b) If the offense is violating a court�s stalking protective order under ORS 163.750, trial of the offense may be held in the county in which the defendant engaged in conduct prohibited by the order or in the county in which the order was issued. [1973 c.836 �15; 1987 c.603 �26; 1989 c.384 �1; 1993 c.680 �28; 1995 c.496 �7; 2007 c.584 �3; 2009 c.212 �1; 2023 c.151 �1]

�� 131.320 [Repealed by 1973 c.836 �358]

�� 131.325 Place of trial; doubt as to place of crime; conduct outside of state. If an offense is committed within the state and it cannot readily be determined within which county the commission took place, or a statute that governs conduct outside the state is violated, trial may be held in the county in which the defendant resides, or if the defendant has no fixed residence in this state, in the county in which the defendant is apprehended or to which the defendant is extradited. [1973 c.836 �16]

�� 131.330 [Repealed by 1973 c.836 �358]

�� 131.335 Change of venue. In accordance with ORS 131.345 to 131.415, the defendant in a criminal action may have the place of trial changed only once, except for causes arising after the first change was allowed. [1973 c.836 �17]

�� 131.340 [Repealed by 1973 c.836 �358]

�� 131.345 Motion for change of venue; when made. A motion for change of venue may be made in any criminal action in a circuit court when the case is at issue upon a question of fact. [1973 c.836 �18]

�� 131.350 [Amended by 1971 c.743 �316; repealed by 1973 c.836 �358]

�� 131.355 Change of venue for prejudice. The court, upon motion of the defendant, shall order the place of trial to be changed to another county if the court is satisfied that there exists in the county where the action is commenced so great a prejudice against the defendant that the defendant cannot obtain a fair and impartial trial. [1973 c.836 �19]

�� 131.360 [Amended by 1973 c.743 �317; repealed by 1973 c.836 �358]

�� 131.363 Change of venue in other cases. For the convenience of parties and witnesses, and in the interest of justice, the court, upon motion of the defendant, may order the place of trial to be changed to another county. [1973 c.836 �20]

�� 131.365 [1959 c.664 �5; repealed by 1973 c.836 �358]

�� 131.370 [Repealed by 1973 c.836 �358]

�� 131.375 Notification on change of venue. When the court has ordered a change of venue, the clerk shall notify the clerk of the proper court. [1973 c.836 �21; 2017 c.252 �13]

�� 131.380 [Repealed by 1973 c.836 �358]

�� 131.385 When change of venue is complete. The change of the place of trial is complete upon entry of an order changing the place of trial, and thereafter the action shall proceed in the same manner as if it had been commenced in the court to which the trial is transferred. [1973 c.836 �22; 2017 c.252 �14]

�� 131.390 [Amended by 1971 c.746 �318; repealed by 1973 c.836 �358]

�� 131.395 Expenses of change; taxation as costs. (1) The expenses of the change of place of trial under ORS 131.363 shall be taxed, as allowed by law, as expenses of the action, and the costs and expenses of the action shall be taxed in the court and paid by the county wherein the trial is held. If the costs and expenses are not recovered from the defendant, the county in which the action was commenced shall repay the county in which the trial is held.

�� (2) The expenses of a change of place of trial under ORS 131.355 shall not be taxed against the defendant. [1973 c.836 �23]

�� 131.400 [Repealed by 1973 c.836 �358]

�� 131.405 Attendance of defendant at new place of trial. (1) When the court has ordered a change of place of trial, if the defendant has been released on security release, conditional release or recognizance, the defendant must, without further notice, appear at the time and place appointed for trial and not depart therefrom without permission of the court.

�� (2) A security deposit is sufficient therefor in all respects as if the action had proceeded to final determination in the court where it was commenced. [1973 c.836 �24]

�� 131.410 [Repealed by 1973 c.836 �358]

�� 131.415 Conveyance of defendant in custody after change of venue. When the court has ordered a change of place of trial, if the defendant is in custody, the clerk of the court shall issue an order to the sheriff of the county, directing the sheriff to safely convey the defendant and deliver the defendant to the custody of the executive head of the correctional institution of the county where the defendant is to be tried. [1973 c.836 �25]

�� 131.420 [Amended by 1961 c.442 �1; repealed by 1973 c.836 �358]

�� 131.430 [Repealed by 1973 c.836 �358]

�� 131.440 [Repealed by 1973 c.836 �358]

�� 131.450 [Repealed by 1973 c.836 �358]

�� 131.460 [Repealed by 1973 c.836 �358]

�� 131.470 [Repealed by 1973 c.836 �358]

FORMER JEOPARDY

�� 131.505 Definitions for ORS 131.505 to 131.525. As used in ORS 131.505 to 131.525, unless the context requires otherwise:

�� (1) �Conduct� and �offense� have the meaning provided for those terms in ORS 161.085 and 161.505.

�� (2) When the same conduct or criminal episode violates two or more statutory provisions, each such violation constitutes a separate and distinct offense.

�� (3) When the same conduct or criminal episode, though violating only one statutory provision, results in death, injury, loss or other consequences of two or more victims, and the result is an element of the offense defined, there are as many offenses as there are victims.

�� (4) �Criminal episode� means continuous and uninterrupted conduct that establishes at least one offense and is so joined in time, place and circumstances that such conduct is directed to the accomplishment of a single criminal objective.

�� (5) A person is �prosecuted for an offense� when the person is charged therewith by an accusatory instrument filed in any court of this state or in any court of any political subdivision of this state, and when the action either:

�� (a) Terminates in a conviction upon a plea of guilty, except as provided in ORS 131.525 (2);

�� (b) Proceeds to the trial stage and the jury is impaneled and sworn; or

�� (c) Proceeds to the trial stage when a judge is the trier of fact and the first witness is sworn.

�� (6) There is an �acquittal� if the prosecution results in a finding of not guilty by the trier of fact or in a determination that there is insufficient evidence to warrant a conviction. [1973 c.836 �26; 1983 c.509 �1; 2001 c.104 �42]

�� 131.515 Previous prosecution; when a bar to second prosecution. Except as provided in ORS 131.525 and 131.535:

�� (1) No person shall be prosecuted twice for the same offense.

�� (2) No person shall be separately prosecuted for two or more offenses based upon the same criminal episode, if the several offenses are reasonably known to the appropriate prosecutor at the time of commencement of the first prosecution and establish proper venue in a single court.

�� (3) If a person is prosecuted for an offense consisting of different degrees, the conviction or acquittal resulting therefrom is a bar to a later prosecution for the same offense, for any inferior degree of the offense, for an attempt to commit the offense or for an offense necessarily included therein.

�� (4) A finding of guilty of a lesser included offense on any count is an acquittal of the greater inclusive offense only as to that count. [1973 c.836 �27; 1997 c.511 �3]

�� 131.525 Previous prosecution; when not a bar to subsequent prosecution. (1) A previous prosecution is not a bar to a subsequent prosecution when the previous prosecution was properly terminated under any of the following circumstances:

�� (a) The defendant consents to the termination or waives, by motion, by an appeal upon judgment of conviction, or otherwise, the right to object to termination.

�� (b) The trial court finds that a termination, other than by judgment of acquittal, is necessary because:

�� (A) It is physically impossible to proceed with the trial in conformity with law; or

�� (B) There is a legal defect in the proceeding that would make any judgment entered upon a verdict reversible as a matter of law; or

�� (C) Prejudicial conduct, in or outside the courtroom, makes it impossible to proceed with the trial without injustice to either the defendant or the state; or

�� (D) The jury is unable to agree upon a verdict; or

�� (E) False statements of a juror on voir dire prevent a fair trial.

�� (c) When the former prosecution occurred in a court which lacked jurisdiction over the defendant or the offense.

�� (d) When the subsequent prosecution was for an offense which was not consummated when the former prosecution began.

�� (2) A plea of guilty or resulting judgment is not a bar under ORS 131.515 (2) to a subsequent prosecution under an accusatory instrument which is filed no later than 30 days after entry of the guilty plea. The defendant�s prior plea of guilty or resulting judgment, notwithstanding ORS 135.365, shall be vacated upon motion by the defendant if made within 30 days after defendant�s arraignment for the subsequent prosecution. The provisions of ORS 135.445 apply to such a vacated plea or resulting judgment and any statements made in relation to those proceedings. [1973 c.836 �28; 1983 c.509 �2]

�� 131.535 Proceedings not constituting acquittal. The following proceedings will not constitute an acquittal of the same offense:

�� (1) If the defendant was formerly acquitted on the ground of a variance between the accusatory instrument and the proof; or

�� (2) If the accusatory instrument was:

�� (a) Dismissed upon a demurrer to its form or substance;

�� (b) Dismissed upon any pretrial motion; or

�� (c) Discharged for want of prosecution without a judgment of acquittal. [1973 c.836 �29; 2001 c.104 �43]

CRIMINAL FORFEITURE

�� 131.550 Definitions for ORS 131.550 to 131.600. As used in ORS 131.550 to 131.600:

�� (1) �Acquiesce in prohibited conduct� means that a person knew of the prohibited conduct and knowingly failed to take reasonable action under the circumstances to terminate or avoid the use of the property in the course of prohibited conduct. For purposes of this subsection, �reasonable action under the circumstances� includes, but is not limited to:

�� (a) Reporting the prohibited conduct to a law enforcement agency;

�� (b) Commencing action that will assert the rights of the affiant as to the property interest;

�� (c) Terminating a rental agreement; or

�� (d) Seeking an abatement order under the provisions of ORS 105.505 to 105.520 or 105.550 to

ORS 163.735

163.735 or an order issued under ORS 30.866, 107.700 to 107.735 or 163.738. I have never received a dishonorable discharge from the Armed Forces of the United States. I am not required to register as a sex offender in any state. I understand I will be fingerprinted and photographed.

Legal name ______

Age __ Date of birth ______

Place of birth ______

Social Security number _____

(Disclosure of your Social Security account number is voluntary. Solicitation of the number is authorized under ORS 166.291. It will be used only as a means of identification.)

Proof of identification (Two pieces of current identification are required, one of which must bear a photograph of the applicant. The type of identification and the number on the identification are to be filled in by the sheriff.):

�� 1.______

�� 2.______

Height _ Weight ___

Hair color _ Eye color ___

Current address __

�(List residence addresses for the

�past three years on the back.)

City _ County Zip __

Phone _____

I have read the entire text of this application, and the statements therein are correct and true. (Making false statements on this application is a misdemeanor.)

�___

�(Signature of Applicant)

Character references.

�� Name:�� Address

Approved ___ Disapproved ___ by ___

Competence with handgun demonstrated by _____ (to be filled in by sheriff)

Date _ Fee Paid ___

License No. _____

�� (5)(a) Fees for concealed handgun licenses are:

�� (A) $15 to the Department of State Police for conducting the fingerprint check of the applicant.

�� (B) $100 to the sheriff for the initial issuance of a concealed handgun license.

�� (C) $75 to the sheriff for the renewal of a concealed handgun license.

�� (D) $15 to the sheriff for the duplication of a license because of loss or change of address.

�� (b) The sheriff may enter into an agreement with the Department of Transportation to produce the concealed handgun license.

�� (6) No civil or criminal liability shall attach to the sheriff or any authorized representative engaged in the receipt and review of, or an investigation connected with, any application for, or in the issuance, denial or revocation of, any license under ORS 166.291 to 166.295 as a result of the lawful performance of duties under those sections.

�� (7) Immediately upon acceptance of an application for a concealed handgun license, the sheriff shall enter the applicant�s name into the Law Enforcement Data System indicating that the person is an applicant for a concealed handgun license or is a license holder.

�� (8) The county sheriff may waive the residency requirement in subsection (1)(c) of this section for a resident of a contiguous state who has a compelling business interest or other legitimate demonstrated need.

�� (9) For purposes of subsection (1)(c) of this section, a person is a resident of a county if the person:

�� (a) Has a current Oregon driver license issued to the person showing a residence address in the county;

�� (b) Is registered to vote in the county and has a voter notification card issued to the person under ORS 247.181 showing a residence address in the county;

�� (c) Has documentation showing that the person currently leases or owns real property in the county; or

�� (d) Has documentation showing that the person filed an Oregon tax return for the most recent tax year showing a residence address in the county.

�� (10) As used in this section, �drug diversion program� means a program in which a defendant charged with a marijuana possession offense completes a program under court supervision and in which the marijuana possession offense is dismissed upon successful completion of the diversion program. [1989 c.839 �8 (166.291 to

ORS 163.750

163.750 (2)(b), the board or supervisory authority may include as a special condition of the person�s post-prison supervision reasonable residency restrictions.

�� (B) If the board or supervisory authority imposes the special condition of post-prison supervision described in this paragraph and if at any time during the period of post-prison supervision the victim moves to a location that causes the person to be in violation of the special condition of post-prison supervision, the board or supervisory authority may not require the person to change the person�s residence in order to comply with the special condition of post-prison supervision.

�� (5)(a) The board or supervisory authority may require the person to pay, as a condition of post-prison supervision, compensatory fines, restitution or attorney fees:

�� (A) As determined, imposed or required by the sentencing court; or

�� (B) When previously required as a condition of any type of supervision that is later revoked.

�� (b) The board may require a person to pay restitution as a condition of post-prison supervision imposed for an offense other than the offense for which the restitution was ordered if the person:

�� (A) Was ordered to pay restitution as a result of another conviction; and

�� (B) Has not fully paid the restitution by the time the person has completed the period of post-prison supervision imposed for the offense for which the restitution was ordered.

�� (6) A person�s failure to apply for or accept employment at a workplace where there is a labor dispute in progress does not constitute a violation of the conditions of post-prison supervision.

�� (7)(a) When a person is released from imprisonment on post-prison supervision, the board shall order as a condition of post-prison supervision that the person reside for the first six months after release in the county that last supervised the person, if the person was on active supervision as an adult for a felony at the time of the offense that resulted in the imprisonment.

�� (b) If the person was not on active supervision as an adult for a felony at the time of the offense that resulted in the imprisonment, the board shall order as a condition of post-prison supervision that the person reside for the first six months after release in the county where the person resided at the time of the offense that resulted in the imprisonment.

�� (c) For purposes of paragraph (b) of this subsection:

�� (A) The board shall determine the county where the person resided at the time of the offense by examining records such as:

�� (i) An Oregon driver license, regardless of its validity;

�� (ii) Records maintained by the Department of Revenue;

�� (iii) Records maintained by the Department of State Police;

�� (iv) Records maintained by the Department of Human Services;

�� (v) Records maintained by the Department of Corrections; and

�� (vi) Records maintained by the Oregon Health Authority.

�� (B) If the person did not have an identifiable address at the time of the offense, or the address cannot be determined, the person is considered to have resided in the county where the offense occurred.

�� (C) If the person is serving multiple sentences, the county of residence is determined according to the date of the last arrest resulting in a conviction.

�� (D) In determining the person�s county of residence, the board may not consider offenses committed by the person while the person was incarcerated in a Department of Corrections facility.

�� (d) Upon motion of the board, the supervisory authority, the person, a victim or a district attorney, the board may waive the residency condition under paragraph (b) of this subsection only after making a finding that one of the following conditions has been met:

�� (A) The person provides proof of employment with no set ending date in a county other than the county of residence determined under paragraph (c) of this section;

�� (B) The person is found to pose a significant danger to a victim of the person�s crime residing in the county of residence, or a victim or victim�s family residing in the county of residence is found to pose a significant danger to the person;

�� (C) The person has a spouse or biological or adoptive family residing in a county other than the county of residence who will be materially significant in aiding in the rehabilitation of the person and in the success of the post-prison supervision;

�� (D) As another condition of post-prison supervision, the person is required to participate in a treatment program that is not available in the county of residence;

�� (E) The person requests release to another state; or

�� (F) The board finds other good cause for the waiver.

�� (e) The board shall consider eligibility for transitional housing programs and residential treatment programs when determining whether to waive the residency condition under paragraph (b) of this subsection, and the acceptance of the person into a transitional housing program or a residential treatment program constitutes good cause as described in paragraph (d)(F) of this subsection.

�� (8) As used in this section:

�� (a) �Attends,� �carries on a vocation,� �institution of higher education� and �works� have the meanings given those terms in ORS 163A.005.

�� (b)(A) �Dwelling� has the meaning given that term in ORS 469B.100.

�� (B) �Dwelling� does not mean a residential treatment facility or a halfway house.

�� (c) �Halfway house� means a residential facility that provides rehabilitative care and treatment for sex offenders.

�� (d) �Labor dispute� has the meaning given that term in ORS 662.010. [1989 c.790 �32a; 1991 c.597 �1; 1995 c.423 �23; 1997 c.525 �8; 1997 c.526 �1; 1999 c.474 �1; 1999 c.626 �12; amendments by 1999 c.626 �35 repealed by 2001 c.884 �1; 2001 c.731 ��1,2; 2005 c.532 �1; 2005 c.567 �9; 2005 c.576 �2; 2005 c.642 �2a; 2007 c.71 �37; 2009 c.204 �6; 2009 c.595 �99; 2009 c.713 �12; 2011 c.258 �1; 2011 c.547 �30; 2017 c.438 �3; 2017 c.670 �4; 2017 c.689 �2; 2021 c.653 �6; 2022 c.78 �11]

�� Note: See note under 144.096.

�� 144.103 Term of active post-prison supervision for person convicted of certain offenses. (1) Except as otherwise provided in ORS 137.765 and subsection (2) of this section, any person sentenced to a term of imprisonment for violating or attempting to violate ORS 163.365,

ORS 163.760

163.760 to 163.777 must be conducted by the circuit court that issued the restraining order or by the circuit court for the county in which the alleged violation of the restraining order occurs. If contempt proceedings are initiated in the circuit court for the county in which the alleged violation of the restraining order occurs, the person initiating the contempt proceedings shall file with the court a copy of the restraining order that is certified by the clerk of the court that originally issued the restraining order. Upon filing of the certified copy of the restraining order, the circuit court shall enforce the restraining order as though that court had originally issued the restraining order.

�� (b) Pending a contempt hearing for an alleged violation of a restraining order issued under ORS 163.760 to 163.777, a person arrested and taken into custody pursuant to ORS 133.310 may be released as provided in ORS 135.230 to 135.290.

�� (c) Service of process or other legal documents upon the petitioner is not a violation of a restraining order entered under ORS 163.760 to 163.777 if the petitioner is served as provided in ORCP 7 or 9. [2013 c.687 �6; 2015 c.121 �23; 2021 c.496 �3]

�� Note: See note under 163.760.

�� 163.775 Renewal and modification of restraining order. (1)(a) A circuit court may renew a restraining order entered under ORS 163.760 to 163.777 upon a finding that it is objectively reasonable for a person in the petitioner�s situation to fear for the person�s physical safety if the restraining order is not renewed. A finding that the respondent has subjected the petitioner to additional sexual abuse is not required.

�� (b) A circuit court may renew a restraining order on the basis of an ex parte petition alleging facts supporting the required finding. The petition must include allegations made under oath or affirmation or a declaration under penalty of perjury. If the renewal order is granted, the provisions of ORS 163.765 (4) to (8) and 163.767 (3) apply, except that the court may hear no issue other than the basis for renewal, unless requested in the hearing request form and thereafter agreed to by the petitioner. The circuit court shall hold a hearing required under this paragraph within 21 days after the respondent�s request.

�� (2) At any time after the time period set forth in ORS 163.765 (6):

�� (a) A party may request that the circuit court modify terms in the restraining order for good cause shown.

�� (b) A petitioner may request that the circuit court remove terms in the restraining order or make terms in the order less restrictive. Application to the circuit court under this paragraph may be by ex parte motion.

�� (3) The clerk of the court shall provide without charge the number of certified true copies of the request for modification of the restraining order and notice of hearing necessary to effect service and, at the election of the party requesting the modification, shall have a true copy of the request and notice delivered to the county sheriff for service upon the other party.

�� (4) The county sheriff shall serve the other party with a request for modification of a restraining order under subsection (2)(a) of this section by personal service, unless the party requesting the modification elects to have the other party personally served by a private party or unless otherwise ordered by the circuit court.

�� (5) The provisions of ORS 163.767 (3) apply to a modification of a restraining order under this section.

�� (6) The clerk of the court shall deliver a copy of an order of modification entered under this section to the county sheriff for service and entry into the Law Enforcement Data System as provided in ORS 163.773.

�� (7)(a) The county sheriff shall serve a copy of an order of modification:

�� (A) Entered under subsection (2)(a) of this section by personal service on the nonrequesting party.

�� (B) Entered under subsection (2)(b) of this section by mailing a copy of the order of modification to the respondent by first class mail.

�� (b) If the order of modification recites that the respondent appeared in person before the circuit court, the necessity for service of the order and proof of service is waived.

�� (8) A restraining order entered under ORS 163.760 to 163.777 may not be terminated on motion of the petitioner, unless the motion is notarized. [2013 c.687 �7; 2015 c.121 �24]

�� Note: See note under 163.760.

�� 163.777 Fees or undertaking may not be required; forms and brochures. (1)(a) A filing fee, service fee or hearing fee may not be charged for proceedings seeking only the relief provided under ORS 163.760 to 163.777.

�� (b) An undertaking may not be required in any proceeding under ORS 163.760 to 163.777.

�� (2) A proceeding under ORS 163.760 to 163.777 is in addition to any other available civil or criminal remedies.

�� (3)(a) The State Court Administrator shall produce:

�� (A) The forms for petitions and restraining orders, hearing requests and any related forms for use under ORS 163.760 to 163.777; and

�� (B) An instructional brochure explaining the rights set forth in ORS 163.760 to

ORS 163A.005

163A.005, or an assault, as defined in ORS 163.175 or 163.185, and the victim was under 18 years of age, the board, if requested by the victim, shall include as a special condition of the person�s parole that the person not reside within three miles of the victim unless:

�� (i) The victim resides in a county having a population of less than 130,000 and the person is required to reside in that county under subsection (6) of this section;

�� (ii) The person demonstrates to the board by a preponderance of the evidence that no mental intimidation or pressure was brought to bear during the commission of the crime;

�� (iii) The person demonstrates to the board by a preponderance of the evidence that imposition of the condition will deprive the person of a residence that would be materially significant in aiding in the rehabilitation of the person or in the success of the parole; or

�� (iv) The person resides in a halfway house.

�� (B) A victim may request imposition of the special condition of parole described in this paragraph at the time of sentencing in person or through the prosecuting attorney. A victim�s request may be included in the judgment document.

�� (C) If the board imposes the special condition of parole described in this paragraph and if at any time during the period of parole the victim moves to within three miles of the parolee�s residence, the board may not require the parolee to change the parolee�s residence in order to comply with the special condition of parole.

�� (5) It is not a cause for revocation of parole that the person paroled failed to apply for or accept employment at a workplace where there is a labor dispute in progress.

�� (6)(a) When the board grants a person parole from the custody of the Department of Corrections, the board shall order, as a condition of parole, that the person reside for the first six months in the county that last supervised the person, if the person was on active supervision as an adult for a felony at the time of the offense that resulted in the imprisonment.

�� (b) If the person paroled was not on active supervision as an adult for a felony at the time of the offense that resulted in the imprisonment, the board shall order as a condition of parole that the person reside for the first six months in the county where the person resided at the time of the offense that resulted in the imprisonment.

�� (c) For purposes of paragraph (b) of this subsection:

�� (A) The board shall determine the county where the person resided at the time of the offense by examining records such as:

�� (i) An Oregon driver license, regardless of its validity;

�� (ii) Records maintained by the Department of Revenue;

�� (iii) Records maintained by the Department of State Police;

�� (iv) Records maintained by the Department of Human Services;

�� (v) Records maintained by the Department of Corrections; and

�� (vi) Records maintained by the Oregon Health Authority.

�� (C) If the person is serving multiple sentences, the county of residence is determined according to the date of the last arrest resulting in a conviction.

�� (D) If the person is being rereleased after revocation of parole, the county of residence shall be determined according to the date of the arrest resulting in a conviction of the underlying offense.

�� (E) In determining the person�s county of residence, a conviction for an offense that the adult in custody committed while incarcerated in a state correctional institution may not be considered.

�� (d) Upon motion of the board, the supervisory authority, the person paroled, a victim or a district attorney, the board may waive the residency condition under paragraph (b) of this subsection only after making a finding that one of the following conditions has been met:

�� (A) The person provides proof of employment with no set ending date in a county other than the county of residence determined under paragraph (c) of this section;

�� (D) As another condition of parole, the person is required to participate in a treatment program that is not available or located in the county of residence;

�� (E) The person requests to be paroled to another state; or

�� (F) The board finds other good cause for the waiver.

�� (7) As used in this section:

�� (a) �Attends,� �carries on a vocation,� �institution of higher education� and �works� have the meanings given those terms in ORS 163A.005.

�� (b)(A) �Dwelling� has the meaning given that term in ORS 469B.100.

�� (B) �Dwelling� does not mean a residential treatment facility or a halfway house.

�� (c) �Halfway house� means a residential facility that provides rehabilitative care and treatment for sex offenders.

�� (d) �Labor dispute� has the meaning given that term in ORS 662.010. [Amended by 1973 c.694 �7; 1973 c.836 �294; 1974 c.36 �5; 1987 c.320 �60; 1987 c.780 �4; 1989 c.1023 �1; 1991 c.278 �1; 1999 c.239 �3; 1999 c.626 �13; amendments by 1999 c.626 �36 repealed by 2001 c.884 �1; 2001 c.731 ��3,4; 2005 c.532 �2; 2005 c.567 �10; 2005 c.576 �3; 2005 c.642 �3a; 2007 c.71 �38; 2009 c.204 �7; 2009 c.595 �100; 2009 c.713 �13; 2011 c.258 �2; 2011 c.547 �31; 2019 c.213 �30]

�� Note: See note under 144.110.

�� 144.275 Parole of adults in custody sentenced to pay compensatory fines or make restitution; schedule of payments. Whenever the State Board of Parole and Post-Prison Supervision orders the release on parole of an adult in custody who has been ordered to pay compensatory fines pursuant to ORS 137.101 or to make restitution pursuant to ORS 137.106, but with respect to whom payment of all or a portion of the fine or restitution was suspended until the release of the adult in custody from imprisonment, the board may establish a schedule by which payment of the compensatory fine or restitution shall be resumed. In fixing the schedule and supervising the performance of the paroled adult in custody thereunder, the board shall consider the factors specified in ORS 137.106 (5). The board shall provide to the sentencing court a copy of the schedule and any modifications thereof. [1977 c.271 �6; 1989 c.46 �1; 2003 c.670 �2; 2019 c.213 �31; 2022 c.57 �2]

�� Note: 144.275 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 144 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 144.280 Hearing after parole denied to prisoner sentenced for crime committed prior to November 1, 1989; rules. (1)(a) If the State Board of Parole and Post-Prison Supervision denies parole to a prisoner sentenced for a crime committed prior to November 1, 1989, the board may not grant the prisoner a subsequent hearing that is less than two years, or more than 10 years, from the date parole is denied, unless the two-year period would exceed the maximum sentence imposed by the court.

�� (b) The board may not grant the prisoner a hearing that is more than two years from the date parole is denied unless the board finds that it is not reasonable to expect that the prisoner would be granted parole before the date of the subsequent hearing.

�� (c) The board shall determine the date of the subsequent hearing pursuant to rules adopted by the board. Rules adopted under this paragraph must be based on the foundation principles of criminal law described in section 15, Article I of the Oregon Constitution.

�� (2) If the board grants a prisoner a hearing that is more than two years from the date parole is denied, the prisoner may submit a request for an interim hearing not earlier than the date that is two years from the date parole is denied and at intervals of not less than two years thereafter. If the board finds, based upon a request for an interim hearing, that there is reasonable cause to believe that the prisoner may be granted parole, the board shall conduct a hearing as soon as is reasonably convenient.

�� (3) When the board grants a prisoner a hearing that is more than two years from the date parole is denied and when the board denies a petition for an interim hearing, the board shall issue a final order. The order shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the underlying facts supporting the findings as to each contested issue of fact and as to each ultimate fact required to support the board�s order. Unless the prisoner bears the burden of persuasion, the order shall include findings necessary to deny the prisoner parole for any period of time when the prisoner would be presumed to be eligible for parole. [2009 c.660 �2]

�� Note: 144.280 and 144.285 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 144 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 144.285 Hearing after petition for change in terms of confinement denied to prisoner convicted of aggravated murder or murder; rules. (1)(a) If the State Board of Parole and Post-Prison Supervision denies a petition for a change in the terms of confinement filed by a prisoner convicted of aggravated murder or murder, the board may not grant the prisoner a subsequent hearing that is less than two years, or more than 10 years, from the date the petition is denied.

�� (b) The board may not grant the prisoner a hearing that is more than two years from the date a petition is denied unless the board finds that it is not reasonable to expect that the prisoner would be granted a change in the terms of confinement before the date of the subsequent hearing.

�� (c) The board shall determine the date of the subsequent hearing in accordance with rules adopted by the board. Rules adopted under this paragraph must be based on the foundation principles of criminal law described in section 15, Article I of the Oregon Constitution.

�� (2) If the board grants the prisoner a hearing that is more than two years from the date a petition is denied, the prisoner may submit a request for an interim hearing not earlier than the date that is two years from the date the petition is denied and at intervals of not less than two years thereafter. If the board finds, based upon a request for an interim hearing, that there is reasonable cause to believe that the prisoner may be granted a change in the terms of confinement, the board shall conduct a hearing as soon as is reasonably convenient.

�� (3) When the board grants a prisoner a hearing that is more than two years from the date a petition is denied and when the board denies a petition for an interim hearing, the board shall issue a final order. The order shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the underlying facts supporting the findings as to each contested issue of fact and as to each ultimate fact required to support the board�s order. Unless the prisoner bears the burden of persuasion, the order shall include findings necessary to deny the prisoner a change in the terms of confinement for any period of time when the prisoner would be presumed to be eligible for a change in the terms of confinement. [2009 c.660 �1]

�� Note: See note under 144.280.

�� 144.305 [1987 c.2 �16; 1991 c.148 �1; repealed by 1993 c.680 �7]

�� 144.310 [Amended by 1963 c.625 �2; 1973 c.694 �18; 1973 c.836 �295; 1974 c.36 �6; 1981 c.425 �1; 1987 c.320 �61; repealed by 1993 c.680 �7]

TERMINATION OF PAROLE

�� 144.315 Evidence admissible before board; procedures. Evidence may be received in proceedings conducted by the State Board of Parole and Post-Prison Supervision even though inadmissible under rules of evidence applicable to court procedure and the board shall establish procedures to regulate and provide for the nature and extent of the proofs and evidence and method of taking and furnishing the same in order to afford the adult in custody a reasonable opportunity for a fair hearing. The procedures shall include the means of determining good cause not to allow confrontation of witnesses or disclosure of the identity of informants who would be subject to risk of harm if their identity is disclosed. [1973 c.694 �22; 2019 c.213 �32]

�� 144.317 Appointment of attorneys; payment. (1) The State Board of Parole and Post-Prison Supervision shall have the power to appoint attorneys, at board expense, to represent indigent parolees and offenders on post-prison supervision if the request and determination provided in ORS 144.343 (3)(f) have been made.

�� (2) Upon completion of the parole or post-prison supervision revocation hearing, the board shall determine whether the person for whom counsel was appointed pursuant to subsection (1) of this section is able to pay a portion of the attorney fees to be paid by the board. In determining whether the person is able to pay such portion, the board shall take into account the other financial obligations of the person, including any existing fines or orders to make restitution. If the board determines that the person is able to pay such portion, the board may order, as a condition of parole or post-prison supervision, that the person pay the portion to the appropriate officer of the state. [1973 c.694 �23; 1981 c.644 �6; 1987 c.803 �16; 1989 c.790 �40]

�� 144.320 [Repealed by 1961 c.412 �5]

�� 144.330 [Amended by 1973 c.836 �296; repealed by 1973 c.694 �8 (144.331 enacted in lieu of 144.330)]

�� 144.331 Suspension of parole or post-prison supervision; custody of violator; revocation hearing before suspension. (1) The State Board of Parole and Post-Prison Supervision may suspend the parole or post-prison supervision of any person under its jurisdiction upon being informed and having reasonable grounds to believe that the person has violated the conditions of parole or post-prison supervision and may order the arrest and detention of such person. The written order of the board is sufficient warrant for any law enforcement officer to take into custody such person. A sheriff, municipal police officer, constable, parole and probation officer, prison official or other peace officer shall execute the order.

�� (2) The board or its designated representative may proceed to hearing as provided in ORS 144.343 without first suspending the parole or post-prison supervision or ordering the arrest and detention of any person under its jurisdiction upon being informed and having reasonable grounds to believe that the person under its jurisdiction has violated a condition of parole and that revocation of parole may be warranted or that the person under its jurisdiction has violated a condition of post-prison supervision and that incarceration for the violation may be warranted.

�� (3) During the pendency of any post-prison supervision violation proceedings, the period of post-prison supervision is stayed and the board has jurisdiction over the offender until the proceedings are resolved. [1973 c.694 �9 (enacted in lieu of

ORS 164.825

164.825 to 164.855. [1971 c.743 �298; 1981 c.645 �5; 1993 c.167 �5; 2013 c.276 �5]

�� 164.857 Unlawfully transporting metal property. (1) A person commits the offense of unlawfully transporting metal property if the person transports metal property on a public highway or on premises open to the public with the intent to deliver the metal property to a scrap metal business and the person does not have a metal transportation certificate in the person�s possession.

�� (2) A seller or transferor of metal property that has reason to believe that a buyer or transferee intends to obtain the metal property for delivery to a scrap metal business shall provide the buyer or transferee with a metal transportation certificate.

�� (3) A metal transportation certificate must include:

�� (a) The date the metal property was acquired and the amount and type of metal property that the person is transporting;

�� (b) The location where the metal property was loaded and the destination of the metal property;

�� (c) The name, address and telephone number of the seller or the transferor;

�� (d) The signature of the seller or transferor or the authorized agent of the seller or transferor; and

�� (e) The name, address and telephone number of the person transporting the metal property.

�� (4) The Department of State Police shall create a form that may serve as a metal transportation certificate and shall make the form available on the department�s website.

�� (5)(a) Subject to paragraph (b) of this subsection, it is a defense to a charge of unlawfully transporting metal property that the person transporting the metal property is the owner of the property or an agent or employee of the owner of the property.

�� (b) A person who transports private metal property may not raise the defense described in this subsection unless at the time the person was transporting the private metal property:

�� (A) The person was a commercial seller or an agent or employee of a commercial seller and the person possessed the information required under ORS 165.117 (4)(b)(G);

�� (B) The person was the owner or an agent or employee of a scrap metal business that maintains a fixed place of business and the person possessed reasonable proof that the person was an owner, agent or employee;

�� (C)(i) The person was a dismantler or an agent or an employee of a dismantler;

�� (ii) The person possessed a valid, current dismantler certificate or an identification card issued under ORS 822.125; and

�� (iii) The stock or yard number assigned to the private metal property under ORS 822.137 was legibly marked on the private metal property; or

�� (D)(i) The person had physical possession of the title or registration for the vehicle from which the private metal property was removed;

�� (ii) The person�s name was shown as the owner of the vehicle on the title or registration; and

�� (iii) The person accurately and correctly described the location of the vehicle.

�� (6) Unlawfully transporting metal property is a Class C misdemeanor.

�� (7) As used in this section:

�� (a) �Agent or employee of the owner of the property� includes a motor carrier as defined in ORS 825.005 that is operating in accordance with the provisions of ORS chapter 825.

�� (b) �Commercial seller,� �dismantler,� �fixed place of business,� �metal property,� �private metal property� and �scrap metal business� have the meanings given those terms in ORS 165.116. [2009 c.811 �3; 2010 c.56 �4; 2021 c.412 �1]

�� Note: 164.857 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 164.860 [Repealed by 1971 c.743 �432]

�� 164.863 Unlawful transport of meat animal carcasses. (1) Except as provided in subsection (2) of this section, it shall be unlawful for any person to transport the carcass or a primal cut thereof of any meat animal on a public highway without having in possession a transportation certificate signed by the owner or the agent of the owner showing:

�� (a) The location where the carcass or primal cut was loaded and its destination;

�� (b) The quantity in possession and the date of acquisition of it; and

�� (c) Transportation or bill of sale.

�� (2) Subsection (1) of this section does not apply to the carcass or meat of a meat animal:

�� (a) That is transported by common carrier;

�� (b) That is marked, tagged or otherwise identified as required by ORS chapter 619;

�� (c) That is marked, tagged or identified as required by ORS 603.045 (2), or that is the subject of the certificate and tags described in ORS 603.045 (4); or

�� (d) That is marked, tagged or otherwise identified as having been previously inspected under the Federal Meat Inspection Act.

�� (3) As used in this section:

�� (a) �Common carrier� means:

�� (A) Any person who transports for hire or who purports to be to the public as willing to transport for hire, compensation or consideration by motor vehicle, persons or property, or both, for those who may choose to employ the person; or

�� (B) Any person who leases, rents or otherwise provides a motor vehicle for the use of others and who in connection therewith in the regular course of business provides, procures or arranges for, directly, indirectly or by course of dealing, a driver or operator therefor.

�� (b) �Federal Meat Inspection Act� means the Act so entitled approved March 4, 1907, (34 Stat. 1260), as amended by the Wholesome Meat Act (81 Stat. 584).

�� (c) �Meat animal� means any live cattle, equines, sheep, goats or swine.

�� (d) �Meat� or �meat product� means any edible muscle, except any muscle found in the lips, snout or ears of meat animals, which is skeletal or found in the tongue, diaphragm, heart or esophagus, with or without any accompanying and overlying fat, and any portion of bone, skin, sinew, nerve or blood vessels normally accompanying the muscle tissue and not separated from it in the process of dressing or as otherwise prescribed by the Department of Agriculture.

�� (4) Unlawfully transporting the carcass or primal cut of a meat animal is a Class C misdemeanor.

�� (5) For the purpose of this section �primal cut� of cattle and equines means round, loin, flank, rib, chuck, brisket, plate or shank; of pork means ham, loin, side, spareribs, shoulder or jowl; of sheep and goats means rib or rack, loin, leg or shoulder. [1975 c.201 �2]

MISCELLANEOUS

�� 164.864 Definitions for ORS 164.864 to 164.882. As used in ORS 164.865, 164.866, 164.868, 164.869,

ORS 164.886

164.886 (1) to (3) may bring a civil action to recover damages sustained. A party seeking civil damages under this section may recover upon proof by a preponderance of the evidence of a violation of the provisions of ORS 164.886 (1) to (3). The court may award reasonable attorney fees to the prevailing party in an action under this section. [1989 c.1003 �4; 1995 c.618 �27]

�� 30.827 False impersonation of union representative; civil action. (1) As used in this section:

�� (a) �Designated representative� has the meaning given that term in ORS 243.796.

�� (b) �Exclusive representative� and �labor organization� have the meanings given those terms in ORS 243.650.

�� (c) �Falsely impersonate a union representative� means to use fraud or misrepresentation to make a verbal or written communication that purports to be authorized or otherwise approved by a labor organization but that has not, in fact, been authorized or approved by the labor organization, with the intent to undermine or interfere with the operations of the labor organization, or otherwise negatively impact the labor organization.

�� (d) �Fraud or misrepresentation� has the meaning given that term in ORS 677.188.

�� (e) �Union representative� means:

�� (A) An exclusive representative.

�� (B) A designated representative.

�� (C) An employee or staff member of a labor organization.

�� (D) A member of a labor organization who serves in an elected or appointed position within the union.

�� (2) It is unlawful for any person to falsely impersonate a union representative.

�� (3) To protect public employees who are members of a labor organization from fraud or misrepresentation, including the false impersonation of a union representative, a labor organization shall have, as a matter of internal governance, the sole authority to identify and designate the union representatives associated with the labor organization.

�� (4)(a) A union representative alleging a violation of this section may bring a civil action in a court of appropriate jurisdiction to obtain damages.

�� (b) In addition to and not in lieu of any other damages that may be claimed, a plaintiff shall receive statutory damages in an amount of $6,250 per incident in any action in which the plaintiff establishes that the defendant falsely impersonated a union representative. [2025 c.307 �1]

�� 30.830 [1971 c.186 �7; 1981 s.s. c.3 �111; 1983 c.763 �52; 1987 c.905 �3a; repealed by 2011 c.597 �118]

�� 30.831 Action for invasion of personal privacy; attorney fees. (1) A plaintiff has a cause of action for invasion of personal privacy if the plaintiff establishes any of the following:

�� (a) The defendant knowingly made or recorded a photograph, motion picture, videotape or other visual image or recording of the plaintiff in a state of nudity without the consent of the plaintiff, and at the time the visual image or recording was made or recorded the plaintiff was in a place and circumstances where the plaintiff had a reasonable expectation of personal privacy.

�� (b) For the purpose of arousing or gratifying the sexual desire of the defendant, the defendant was in a location to observe the plaintiff in a state of nudity without the consent of the plaintiff, and the plaintiff was in a place and circumstances where the plaintiff had a reasonable expectation of personal privacy.

�� (c) For the purpose of arousing or gratifying the sexual desire of any person, the defendant knowingly:

�� (A) Made or recorded a photograph, motion picture, videotape or other visual image or recording of an intimate area of the plaintiff without the consent of the plaintiff; or

�� (B) Viewed an intimate area of the plaintiff without the consent of the plaintiff.

�� (d) Without the consent of the plaintiff, the defendant disseminated a photograph, motion picture, videotape or other visual image or recording of the plaintiff in a state of nudity, and the defendant knew that at the time the visual image or recording was made or recorded the plaintiff was in a place and circumstances where the plaintiff had a reasonable expectation of personal privacy.

�� (e) The defendant is a transient lodging provider or transient lodging intermediary and without the consent of the plaintiff captures, makes, stores, transfers, transmits or broadcasts, or intentionally permits another person to capture, make, store, transfer, transmit or broadcast, a visual image or recording or audio of the plaintiff while the plaintiff occupies a private space within transient lodging that is under the defendant�s ownership or control.

�� (2) A plaintiff who prevails in a cause of action for invasion of personal privacy under this section is entitled to receive:

�� (a) Compensatory damages; and

�� (b) Reasonable attorney fees.

�� (3) An action under this section must be commenced not later than two years after the conduct that gives rise to a claim for relief occurred.

�� (4) The remedy provided by this section is in addition to, and not in lieu of, any other claim for relief that may be available to a plaintiff by reason of conduct of a defendant described in subsection (1) of this section.

�� (5) The provisions of subsection (1)(a) and (d) of this section do not apply to a photograph, motion picture, videotape or other visual image or recording of a person under 12 years of age if:

�� (a) The person who makes, records or disseminates the visual image or recording is the father, mother, sibling, grandparent, aunt, uncle or first cousin, by blood, adoption or marriage, of the person under 12 years of age; and

�� (b) The visual image or recording is made, recorded or disseminated for a purpose other than arousing or gratifying the sexual desire of the person or another person.

�� (6) As used in this section:

�� (a) �Audio� means speech or other sound that a person makes intentionally and for an expressive purpose.

�� (b) �Intimate area� means:

�� (A) Undergarments that are being worn by a person, are covered by clothing and are intended to be protected from being seen; and

�� (B) Any of the following that are covered by clothing and are intended to be protected from being seen:

�� (i) Genitals;

�� (ii) Pubic areas; or

�� (iii) Female breasts below the point immediately above the top of the areola.

�� (c) �Made or recorded a photograph, motion picture, videotape or other visual image or recording� includes, but is not limited to, making or recording or employing, authorizing, permitting, compelling or inducing another person to make or record a photograph, motion picture, videotape or other visual image or recording.

�� (d) �Nudity� means any part of the uncovered or less than opaquely covered:

�� (A) Genitals;

�� (B) Pubic area; or

�� (C) Female breast below a point immediately above the top of the areola.

�� (e) �Places and circumstances where the plaintiff has a reasonable expectation of personal privacy� includes, but is not limited to, a bathroom, dressing room, locker room that includes an enclosed area for dressing or showering, tanning booth and any area where a person undresses in an enclosed space that is not open to public view.

�� (f) �Private space� means:

�� (A) A bedroom or other area that a person would ordinarily use for sleeping;

�� (B) A bathroom, washroom, water closet or other area in which a person can perform private bodily functions or attend to private bodily needs; or

�� (C) Other areas that are not common areas of transient lodging or are not otherwise open to free or uninvited access by the transient lodging provider, occupants of other dwelling units within the transient lodging or visitors to the transient lodging.

�� (g) �Public view� means that an area can be readily seen and that a person within the area can be distinguished by normal unaided vision when viewed from a public place as defined in ORS 161.015.

�� (h) �Transient lodging� means:

�� (A) A hotel, motel, inn or other dwelling unit that is used for temporary human occupancy; or

�� (B) A house, cabin, condominium, apartment unit or other dwelling unit, or a portion of a house, cabin, condominium, apartment unit or other dwelling unit, that is used for temporary human occupancy.

�� (i) �Transient lodging intermediary� has the meaning given that term in ORS 320.300.

�� (j) �Transient lodging provider� means a person that provides transient lodging in return for compensation.

�� (k) �Visual image or recording� means a still or moving picture, taken or recorded by means of a mechanical or electronic camera or similar device that can capture and render a realistic and accurate facsimile of a person�s appearance for storage and later reproduction or for immediate or delayed transmission via any medium, including the Internet. [Formerly 30.865; 2025 c.289 �1]

�� 30.833 Action for dissemination of intimate image; attorney fees. (1) Irrespective of any criminal prosecution or the result thereof, a person depicted in an image disclosed in violation of ORS 163.472, or that person�s parent or guardian, representative or estate, shall have a civil action to secure an injunction, damages or other appropriate relief against any and all persons whose actions are unlawful under ORS 163.472.

�� (2) Upon prevailing in such action, the plaintiff may recover:

�� (a) The greater of:

�� (A) Special and general damages, including damages for emotional distress; or

�� (B) Statutory damages of $5,000 per plaintiff against each defendant found liable under this section;

�� (b) An amount equal to any economic gain received by the defendant for the disclosure; and

�� (c) Punitive damages.

�� (3) The court may award reasonable attorney fees to the prevailing plaintiff in an action under this section.

�� (4) An emancipated minor, or the parent, parents or legal guardian of an unemancipated minor, shall be liable for any judgment recovered against such minor under this section, in an amount not to exceed $5,000.

�� (5) A civil action under this section does not affect a right or remedy available under any other law of this state.

�� (6) An award of statutory damages described in subsection (2) of this section is not evidence of the existence or the amount of economic damages for purposes of restitution under ORS 137.106. [2019 c.304 �2]

�� 30.834 Action for transmission of intimate image by electronic means. (1) As used in this section, �intimate image� means an image depicting sexual conduct as defined in ORS 167.051 or uncovered human genitals.

�� (2) A plaintiff may bring a civil action against a person who, after attaining 18 years of age, transmits an intimate image by computer or other electronic means to the computer or other electronic communication device of the plaintiff, if:

�� (a) The person transmitted the intimate image with the intent to harass, degrade or humiliate the plaintiff and without the consent of the plaintiff;

�� (b) The person knew or reasonably should have known that the plaintiff did not consent to the transmission of the image;

�� (c) The plaintiff is harassed, degraded or humiliated by the transmission of the image; and

�� (d) A reasonable person would be harassed, degraded or humiliated by the transmission of the image.

�� (3) A plaintiff who prevails in an action under this section may recover the greater of:

�� (a) The plaintiff�s economic and noneconomic damages resulting from all transmissions of intimate images transmitted by the defendant to the plaintiff actionable under this section, in an amount not to exceed $10,000; or

�� (b) $500.

�� (4) The court shall award reasonable attorney fees to a plaintiff who prevails in an action under this section.

�� (5) An action under this section must be commenced not later than two years after the conduct that gives rise to the claim.

�� (6) A person may not bring a claim under this section against:

�� (a) An Internet service provider, mobile data provider or operator of an online or mobile application, to the extent that the provider or operator is transmitting, routing or providing connections for electronic communications initiated by or at the direction of another;

�� (b) A service that transmits an intimate image, including an on-demand, subscription or advertising-supported service; or

�� (c) A health care provider that transmits an intimate image for a legitimate medical purpose. [2025 c.359 �1]

�� 30.835 Action for improper disclosure of private information; attorney fees. (1) As used in this section:

�� (a) �Disclose� includes, but is not limited to, transfer, publish, distribute, exhibit, advertise and offer.

�� (b) �Injure� means to subject another to bodily injury or death.

�� (c) �Harass� means to subject another to severe emotional distress such that the individual experiences anxiety, fear, torment or apprehension that may or may not result in a physical manifestation of severe emotional distress or a mental health diagnosis and is protracted rather than merely trivial or transitory.

�� (d) �Personal information� means:

�� (A) The plaintiff�s home address, personal electronic mail address, personal phone number or Social Security number;

�� (B) Contact information for the plaintiff�s employer;

�� (C) Contact information for a family member of the plaintiff;

�� (D) Photographs of the plaintiff�s children; or

�� (E) Identification of the school that the plaintiff�s children attend.

�� (e) �Stalk� means conduct constituting the crime of stalking under ORS 163.732 or conduct that would give rise to an action for issuance or violation of a stalking protective order under ORS 30.866.

�� (2) A plaintiff has a cause of action for improper disclosure of private information if the plaintiff establishes by a preponderance of the evidence that:

�� (a) The defendant, with the intent to stalk, harass or injure the plaintiff, knowingly caused personal information to be disclosed;

�� (b) The defendant knew or reasonably should have known that the plaintiff did not consent to the disclosure;

�� (c) The plaintiff is stalked, harassed or injured by the disclosure; and

�� (d) A reasonable person would be stalked, harassed or injured by the disclosure.

�� (3) A plaintiff who prevails in a claim under this section may recover:

�� (a) Economic and noneconomic damages, as those terms are defined in ORS 31.705;

�� (b) Punitive damages;

�� (c) Injunctive relief;

�� (d) Reasonable attorney fees; and

�� (e) Any other appropriate equitable relief.

�� (4) An action under this section must be commenced not later than two years after the conduct that gives rise to a claim for relief occurred. [2021 c.300 �1; 2025 c.2 �2]

�� 30.838 Element of malice in certain defamation claims. In a claim for defamation against an individual who makes a communication regarding an incident of sexual assault committed against the individual, in addition to the other elements required to prove a claim of defamation, it is an element of the claim that the individual made the communication with malice. [2025 c.275 �1]

�� 30.840 [1975 c.562 �1; renumbered 31.980 in 2003]

�� 30.845 Action against person who summons police with improper intent; attorney fees. (1) A person may bring a civil action for damages against any person who knowingly causes a police officer to arrive at a location to contact another person with the intent to:

�� (a) Infringe on the other person�s rights under the Oregon or United States Constitutions;

�� (b) Unlawfully discriminate against the other person;

�� (c) Cause the other person to feel harassed, humiliated or embarrassed;

�� (d) Cause the other person to be expelled from a place in which the other person is lawfully located; or

�� (e) Damage the other person�s:

�� (A) Reputation or standing within the community; or

�� (B) Financial, economic, consumer or business prospects or interests.

�� (2) Upon prevailing in an action under this section, the plaintiff may recover:

�� (a) The greater of:

�� (A) Special and general damages, including damages for emotional distress; or

�� (B) Statutory damages of $250 against each defendant found liable under this section; and

�� (b) Punitive damages.

�� (3) The court may award reasonable attorney fees to the prevailing plaintiff in an action under this section.

�� (4) A civil action under this section:

�� (a) May be brought in the small claims department of a circuit court if the total damages do not exceed the jurisdictional limit of the small claims department.

�� (b) Does not affect a right or remedy available under any other law of this state. [2019 c.415 �1]

�� 30.847 Action for engaging in paramilitary activity; attorney fees. (1) A person or group of persons is subject to an action described in subsection (2) or (3) of this section for engaging in paramilitary activity if the person or group of persons knowingly, while acting as part of a private paramilitary organization or on behalf of or in furtherance of any objective of a private paramilitary organization:

�� (a) While armed with a deadly weapon, publicly patrols or drills;

�� (b) While armed with a dangerous or deadly weapon:

�� (A) Publicly engages in techniques capable of causing physical injury or death;

�� (B) Substantially disrupts governmental operations or a government proceeding;

�� (C) Assumes, exercises or asserts, without legal authorization, the functions, powers or duties of:

�� (i) A law enforcement officer, including any sheriff, police officer, marshal or other peace officer; or

�� (ii) Any local, city, county, state or federal official; or

�� (D) Interferes with another person and thereby:

�� (i) Prevents the other person, or attempts to prevent the other person, from engaging in conduct in which the other person has a legal right to engage; or

�� (ii) Causes the other person, or attempts to cause the other person, to engage in conduct from which the other person has a legal right to abstain; or

�� (c) Trains to engage in any activity described in paragraph (a) or (b) of this subsection.

�� (2)(a) If the Attorney General has reasonable cause to believe that a person or group of persons has engaged in, or is about to engage in, paramilitary activity as described in subsection (1) of this section, the Attorney General may bring a civil action in the name of the State of Oregon for injunctive relief in Marion County Circuit Court or any other circuit court of this state.

�� (b)(A) If it appears to the Attorney General that a person has possession, custody or control of any information, document or other material that is relevant to an investigation of paramilitary activity as described in subsection (1) of this section, or that could lead to the discovery of relevant information in an investigation of paramilitary activity as described in subsection (1) of this section, the Attorney General may cause an investigative demand to be served upon the person. The investigative demand may require the person:

�� (i) To appear and testify under oath at the time and place stated in the investigative demand;

�� (ii) To answer written interrogatories; or

�� (iii) To produce relevant documentary material or physical evidence for examination at the time and place stated in the investigative demand.

�� (B) An investigative demand under this paragraph shall be served in the manner provided by ORS 646.622 and may be enforced in the manner provided by ORS

ORS 166.273

166.273, 166.274, 166.291, 166.292 or 166.410 to 166.470, a person commits the crime of unlawful possession of a firearm if the person knowingly:

�� (a) Carries any firearm concealed upon the person;

�� (b) Possesses a handgun that is concealed and readily accessible to the person within any vehicle;

�� (c) Possesses a firearm and:

�� (A) Is under 18 years of age;

�� (B)(i) While a minor, was found to be within the jurisdiction of the juvenile court for having committed an act which, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470; and

�� (ii) Was discharged from the jurisdiction of the juvenile court within four years prior to being charged under this section;

�� (C) Has been convicted of a felony;

�� (D) Was committed to the Oregon Health Authority under ORS 426.130;

�� (E) Was found to be a person with mental illness and subject to an order under ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness;

�� (F) Is presently subject to an order under ORS 426.133 prohibiting the person from purchasing or possessing a firearm;

�� (G) Has been found guilty except for insanity under ORS 161.295 of a felony; or

�� (H) The possession of the firearm by the person is prohibited under ORS 166.255; or

�� (d) Possesses an unfinished frame or receiver and is prohibited from possessing firearms under paragraph (c) of this subsection.

�� (2) This section does not prohibit:

�� (a) A minor, who is not otherwise prohibited under subsection (1)(c) of this section, from possessing a firearm:

�� (A) Other than a handgun, if the firearm was transferred to the minor by the minor�s parent or guardian or by another person with the consent of the minor�s parent or guardian; or

�� (B) Temporarily for hunting, target practice or any other lawful purpose; or

�� (b) Any citizen of the United States over the age of 18 years who resides in or is temporarily sojourning within this state, and who is not within the excepted classes prescribed by ORS 166.270 and subsection (1) of this section, from owning, possessing or keeping within the person�s place of residence or place of business any handgun, and no permit or license to purchase, own, possess or keep any such firearm at the person�s place of residence or place of business is required of any such citizen. As used in this subsection, �residence� includes a recreational vessel or recreational vehicle while used, for whatever period of time, as residential quarters.

�� (3) Firearms carried openly in belt holsters are not concealed within the meaning of this section.

�� (4)(a) Except as provided in paragraphs (b) and (c) of this subsection, a handgun is readily accessible within the meaning of this section if the handgun is within the passenger compartment of the vehicle.

�� (b) If a vehicle, other than a vehicle described in paragraph (c) of this subsection, has no storage location that is outside the passenger compartment of the vehicle, a handgun is not readily accessible within the meaning of this section if:

�� (A) The handgun is stored in a closed and locked glove compartment, center console or other container; and

�� (B) The key is not inserted into the lock, if the glove compartment, center console or other container unlocks with a key.

�� (c) If the vehicle is a motorcycle, an all-terrain vehicle or a snowmobile, a handgun is not readily accessible within the meaning of this section if:

�� (A) The handgun is in a locked container within or affixed to the vehicle; or

�� (B) The handgun is equipped with a trigger lock or other locking mechanism that prevents the discharge of the firearm.

�� (5) Unlawful possession of a firearm is a Class A misdemeanor. [Amended by 1979 c.779 �4; 1985 c.543 �3; 1989 c.839 �13; 1993 c.732 �1; 1993 c.735 �12; 1999 c.1040 �1; 2001 c.666 ��33,45; 2003 c.614 �8; 2009 c.499 �1; 2009 c.595 �112; 2009 c.826 ��8a,11a; 2011 c.662 ��1,2; 2013 c.360 ��6,7; 2015 c.50 ��12,13; 2015 c.201 �3; 2015 c.497 ��3,4; 2023 c.229 �6]

�� 166.255 Possession of firearm or ammunition by certain persons prohibited. (1) It is unlawful for a person to knowingly possess a firearm or ammunition if:

�� (a) The person is the subject of a court order that:

�� (A)(i) Was issued or continued after a hearing for which the person had actual notice and during the course of which the person had an opportunity to be heard; or

�� (ii) Was issued, continued or remains in effect, by order or operation of law, after the person received notice of the opportunity to request a hearing in which to be heard on the order, and either requested a hearing but did not attend the hearing or withdrew the request before the hearing occurred, or did not request a hearing during the time period in which the opportunity was available;

�� (B) Restrains the person from stalking, intimidating, molesting or menacing a family or household member of the person, a child of a family or household member of the person or a child of the person; and

�� (C) Includes a finding that the person represents a credible threat to the physical safety of a family or household member of the person, a child of a family or household member of the person or a child of the person;

�� (b) The person has been convicted of a qualifying misdemeanor and, at the time of the offense, the person was:

�� (A) A family or household member of the victim of the offense; or

�� (B) A parent or guardian of the victim of the offense; or

�� (c) The person has been convicted of stalking under ORS 163.732.

�� (2) The prohibition described in subsection (1)(a) of this section does not apply with respect to the transportation, shipment, receipt, possession or importation of any firearm or ammunition imported for, sold or shipped to or issued for the use of the United States Government or any federal department or agency, or any state or department, agency or political subdivision of a state.

�� (3) As used in this section:

�� (a) �Convicted� means:

�� (A) The person was represented by counsel or knowingly and intelligently waived the right to counsel;

�� (B) The case was tried to a jury, if the crime was one for which the person was entitled to a jury trial, or the person knowingly and intelligently waived the person�s right to a jury trial; and

�� (C) The conviction has not been set aside or expunged, and the person has not been pardoned.

�� (b) �Deadly weapon� has the meaning given that term in ORS 161.015.

�� (c) �Family or household member� has the meaning given that term in ORS 135.230.

�� (d) �Possess� has the meaning given that term in ORS 161.015.

�� (e) �Qualifying misdemeanor� means a misdemeanor that has, as an element of the offense, the use or attempted use of physical force or the threatened use of a deadly weapon. [2015 c.497 �2; 2018 c.5 �1; 2019 c.201 �1]

�� 166.256 Relinquishment of firearm upon person becoming subject to certain court orders. (1)(a) When a respondent becomes subject to an order described in ORS 166.255 (1)(a) prohibiting the respondent from possessing firearms or ammunition, the court shall:

�� (A) Indicate in the order that the respondent is prohibited from possessing firearms and ammunition under ORS 166.250 and 166.255 while the order is in effect.

�� (B) Ensure that the respondent is subject to an additional order:

�� (i) Requiring the respondent to transfer all firearms and ammunition in the respondent�s possession in accordance with subsection (2) of this section; and

�� (ii) Requiring the respondent to file a declaration as described in subsection (4) of this section.

�� (b) If the respondent becomes subject to the order while the respondent is present in court, the court shall:

�� (A) Inform the respondent, orally and in writing, that the respondent is prohibited from possessing firearms and ammunition;

�� (B) Order in writing that the respondent transfer all firearms and ammunition in the respondent�s possession in accordance with subsection (2) of this section; and

�� (C) Order that the respondent file a declaration as described in subsection (4) of this section.

�� (2)(a) Within 24 hours of becoming subject to the court order under subsection (1)(a)(B) of this section or receiving the court order under subsection (1)(b)(B) of this section, the respondent shall transfer all firearms and ammunition in the respondent�s possession to a local law enforcement agency, to a gun dealer as defined in ORS 166.412 or to a third party who does not reside with the respondent, and shall obtain a proof of transfer under paragraph (b) of this subsection. A transfer to a third party under this subsection must be in accordance with ORS 166.435, except that the criminal background check exceptions in ORS 166.435 (4) do not apply.

�� (b) A law enforcement agency, gun dealer or third party receiving a firearm or ammunition pursuant to this subsection shall issue to the respondent a written proof of transfer. The proof of transfer must include the respondent�s name, the date of transfer and the serial number, make and model of each transferred firearm. A proof of transfer issued by a third party must also include the unique approval number from the Department of State Police from the criminal background check conducted under ORS 166.435.

�� (c) A respondent transferring a firearm or ammunition to a third party under this subsection shall additionally obtain from the third party a declaration under penalty of perjury confirming receipt of the firearm or ammunition and attesting that:

�� (A) The third party understands that the respondent is prohibited from possessing firearms and ammunition; and

�� (B) The third party is subject to criminal penalties if the third party allows the respondent access to the firearm or ammunition during the prohibition.

�� (3)(a) A law enforcement agency may accept a firearm or ammunition transferred under this section.

�� (b) A gun dealer may purchase or may accept for storage a firearm or ammunition transferred under this section.

�� (4)(a) Within two judicial days of becoming subject to the court order under subsection (1)(a)(B) of this section or receiving the court order under subsection (1)(b)(B) of this section, the respondent shall file with the court a declaration under penalty of perjury attesting that:

�� (A) All firearms and ammunition in the respondent�s possession have been transferred under subsection (2) of this section to:

�� (i) A law enforcement agency;

�� (ii) A gun dealer; or

�� (iii) A third party;

�� (B) The respondent was not in possession of any firearms at the time of the court�s order and continues to not possess any firearms; or

�� (C) The respondent is asserting the respondent�s constitutional right against self-incrimination.

�� (b) The respondent shall file with the declaration a copy of the proof of transfer, if applicable, and a copy of the third party declaration, if applicable.

�� (5) The respondent shall concurrently file with the district attorney copies of the declaration, proof of transfer and third party declaration filed with the court under subsection (4) of this section.

�� (6) A respondent in possession of a firearm or ammunition in violation of ORS 166.255 (1)(a) may not be prosecuted under ORS 166.250 if:

�� (a) The respondent is in possession of a court order described in subsection (1)(a)(B) or (1)(b)(B) of this section that went into effect or was issued within the previous 24 hours;

�� (b) The firearm is unloaded; and

�� (c) The respondent is transporting the firearm or ammunition to a law enforcement agency, gun dealer or third party for transfer in accordance with subsection (2) of this section.

�� (7) Upon the expiration or termination of the order described in ORS 166.255 (1)(a), at the request of the respondent:

�� (a) A law enforcement agency shall return any stored firearms and ammunition to the respondent in accordance with ORS 166.257.

�� (b) A gun dealer shall return any stored firearms and ammunition to the respondent after performing a criminal background check as defined in ORS 166.432 to confirm that the respondent is not prohibited from possessing a firearm or ammunition under state or federal law.

�� (c) A third party shall return any stored firearms and ammunition to the respondent only after requesting a criminal background check in accordance with ORS 166.435, except that the criminal background check exceptions in ORS 166.435 (4) do not apply.

�� (8) If the respondent does not file a declaration described in subsection (4) of this section, the district attorney may commence contempt proceedings under ORS

ORS 166.292

166.292. The law enforcement officer shall take possession of all deadly weapons appearing to be in the custody, control or possession of the respondent that are surrendered by the respondent. If the respondent indicates an intention to surrender the deadly weapons to a gun dealer or a third party, the law enforcement officer shall request that the respondent identify the gun dealer or third party.

�� (b) A law enforcement officer serving an extreme risk protection order continued after a hearing under ORS 166.530, or renewed under ORS 166.535, shall request that the respondent immediately surrender to the officer all deadly weapons in the respondent�s custody, control or possession and any concealed handgun license issued to the respondent under ORS 166.291 and 166.292. The officer may conduct any search permitted by law for deadly weapons in the custody, control or possession of the respondent and shall take possession of all deadly weapons appearing to be in the custody, control or possession of the respondent that are surrendered, in plain sight or discovered pursuant to a lawful search.

�� (4) At the time of the surrender of any deadly weapons or concealed handgun licenses under subsection (3) of this section, the law enforcement officer taking possession shall issue a receipt identifying all surrendered items and provide a copy of the receipt to the respondent. Within 72 hours after service of the order, the law enforcement officer serving the order shall file the original receipt with the court and shall ensure that the law enforcement agency employing the law enforcement officer retains a copy of the receipt.

�� (5) If a third party claims lawful ownership or right of possession of a deadly weapon surrendered pursuant to this section, the law enforcement agency may return the deadly weapon to the third party if the third party provides proof of lawful ownership or right of possession of the deadly weapon, in a sworn affidavit, affirms that:

�� (a) The third party may lawfully possess the deadly weapon;

�� (b) The third party did not consent to the prior possession of the deadly weapon by the respondent; and

�� (c) The third party will prevent the respondent from accessing or possessing the deadly weapon in the future. [2017 c.737 �6]

�� 166.540 Return of surrendered deadly weapons. (1) If an extreme risk protection order is terminated or expires without renewal, a law enforcement agency holding any deadly weapon or concealed handgun license that has been surrendered pursuant to the order shall return the surrendered items as requested by the respondent of the order only after:

�� (a) Confirming through a criminal background check, if the deadly weapon is a firearm, that the respondent is legally eligible to own or possess firearms under state and federal law; and

�� (b) Confirming that the extreme risk protection order is no longer in effect.

�� (2) The owner of a deadly weapon, if the deadly weapon is a firearm, in the custody of a law enforcement agency pursuant to ORS 166.537 who does not wish to have the firearm returned is entitled to sell or transfer title of any firearm to a licensed gun dealer as defined in ORS 166.412, provided that the firearm is lawful to own or possess and the person has a legal right to transfer title of the firearm.

�� (3) A deadly weapon surrendered by a person pursuant to ORS 166.537 that remains unclaimed by the owner shall be disposed of in accordance with the law enforcement agency�s policies and procedures for the disposal of deadly weapons in the agency�s custody. [2017 c.737 �7]

�� 166.543 Criminal penalties. (1) A person commits a Class A misdemeanor if:

�� (a) The person knowingly possesses a deadly weapon; and

�� (b) The person is prohibited from possessing deadly weapons pursuant to an extreme risk protection order:

�� (A) Issued after notice and a hearing under ORS 166.530;

�� (B) Confirmed by operation of law after the person failed to request a hearing under ORS 166.527 (9); or

�� (C) Renewed under ORS 166.535.

�� (2) A person convicted under subsection (1) of this section shall be prohibited from having in the person�s custody or control, owning, purchasing, possessing or receiving, or attempting to purchase or receive, any firearms for a five-year period beginning when the extreme risk protection order expires or is terminated, or the judgment of conviction is entered, whichever occurs later.

�� (3) A person who files a petition for any extreme risk protection order under ORS 166.525 to

ORS 166.293

166.293 enacted in lieu of 166.290); 1991 c.67 �38; 1993 c.732 �2; 1993 c.735 �4; 1995 c.729 �6; 1999 c.1052 �6; 2001 c.104 �56; 2003 c.166 �1; 2005 c.22 �115; 2007 c.368 �2; 2009 c.595 �113; 2009 c.826 ��7,10; 2011 c.547 ��33,34; 2013 c.243 ��4,5; 2013 c.360 ��8,9; 2013 c.591 ��6,7; 2014 c.62 ��1,2; 2015 c.50 ��15,16; 2015 c.201 �5; 2021 c.146 �12; 2022 c.97 �5]

�� 166.292 Procedure for issuing; form of license; duration. (1) If the application for the license is approved, the sheriff shall issue and mail or otherwise deliver to the applicant at the address shown on the application, within 45 days of the application, a wallet sized license bearing the photograph of the licensee. The license must be signed by the licensee and carried whenever the licensee carries a concealed handgun.

�� (2) Failure of a person who carries a concealed handgun also to carry a concealed handgun license is prima facie evidence that the person does not have such a license.

�� (3) Licenses for concealed handguns shall be uniform throughout the state in substantially the following form:

OREGON CONCEALED HANDGUN

LICENSE

County__�� License Number_____

Expires__�� Date of birth______

Height_�� Weight_

Name_ Address_

Licensee�s City_ Zip_ Photograph

Signature___

Issued by___

Date of issue___

�� (4) An Oregon concealed handgun license issued under ORS 166.291 and this section, unless revoked under ORS 166.293, is valid for a period of four years from the date on which it is issued.

�� (5) The sheriff shall keep a record of each license issued under ORS 166.291 and this section, or renewed pursuant to ORS 166.295.

�� (6) When a sheriff issues a concealed handgun license under this section, the sheriff shall provide the licensee with a list of those places where carrying concealed handguns is prohibited or restricted by state or federal law. [1989 c.839 �9 (166.291 to 166.293 enacted in lieu of 166.290); 1993 c.625 �5; 1993 c.693 �2; 1993 c.735 �5]

�� 166.293 Denial or revocation of license; review. (1) If the application for the concealed handgun license is denied, the sheriff shall set forth in writing the reasons for the denial. The denial shall be sent to the applicant by certified mail, restricted delivery, within 45 days after the application was made. If no decision is issued within 45 days, the person may seek review under the procedures in subsection (5) of this section.

�� (2) Notwithstanding ORS 166.291 (1), and subject to review as provided in subsection (5) of this section, a sheriff may deny a concealed handgun license if the sheriff has reasonable grounds to believe that the applicant has been or is reasonably likely to be a danger to self or others, or to the community at large, as a result of the applicant�s mental or psychological state or as demonstrated by the applicant�s past pattern of behavior involving unlawful violence or threats of unlawful violence.

�� (3)(a) Any act or condition that would prevent the issuance of a concealed handgun license is cause for revoking a concealed handgun license.

�� (b) A sheriff may revoke a concealed handgun license by serving upon the licensee a notice of revocation. The notice must contain the grounds for the revocation and must be served either personally or by certified mail, restricted delivery. The notice and return of service shall be included in the file of the licensee. The revocation is effective upon the licensee�s receipt of the notice.

�� (4) Any peace officer or corrections officer may seize a concealed handgun license and return it to the issuing sheriff if the license is held by a person who has been arrested or cited for a crime that can or would otherwise disqualify the person from being issued a concealed handgun license. The issuing sheriff shall hold the license for 30 days. If the person is not charged with a crime within the 30 days, the sheriff shall return the license unless the sheriff revokes the license as provided in subsection (3) of this section.

�� (5) A person denied a concealed handgun license or whose license is revoked or not renewed under ORS 166.291 to 166.295 may petition the circuit court in the petitioner�s county of residence to review the denial, nonrenewal or revocation. The petition must be filed within 30 days after the receipt of the notice of denial or revocation.

�� (6) The judgment affirming or overturning the sheriff�s decision shall be based on whether the petitioner meets the criteria that are used for issuance of a concealed handgun license and, if the petitioner was denied a concealed handgun license, whether the sheriff has reasonable grounds for denial under subsection (2) of this section. Whenever the petitioner has been previously sentenced for a crime under ORS 161.610 or for a crime of violence for which the person could have received a sentence of more than 10 years, the court shall grant relief only if the court finds that relief should be granted in the interest of justice.

�� (7) Notwithstanding the provisions of ORS 9.320, a party that is not a natural person, the state or any city, county, district or other political subdivision or public corporation in this state, without appearance by attorney, may appear as a party to an action under this section.

�� (8) Petitions filed under this section shall be heard and disposed of within 15 judicial days of filing or as soon as practicable thereafter.

�� (9) Filing fees for actions shall be as for any civil action filed in the court. If the petitioner prevails, the amount of the filing fee shall be paid by the respondent to the petitioner and may be incorporated into the court order.

�� (10) Initial appeals of petitions shall be heard de novo.

�� (11) Any party to a judgment under this section may appeal to the Court of Appeals in the same manner as for any other civil action.

�� (12) If the governmental entity files an appeal under this section and does not prevail, it shall be ordered to pay the attorney fees for the prevailing party. [1989 c.839 �9a (166.291 to 166.293 enacted in lieu of 166.290); 1993 c.735 �6; 1995 c.518 �3; 1995 c.658 �89; 1999 c.1052 �7; 2003 c.14 �65; 2007 c.202 �1; 2007 c.368 �3; 2015 c.7 �8]

�� 166.295 Renewal of license. (1)(a) A concealed handgun license is renewable by repeating the procedures set out in ORS 166.291 and 166.292, except for the requirement to submit fingerprints and provide character references. A licensee may submit the application for renewal by mail if the licensee:

�� (A) Is an active member of the Armed Forces of the United States, the National Guard of the United States or the Oregon National Guard; and

�� (B) Submits with the application proof of the licensee�s military orders and a copy of the licensee�s military identification.

�� (b) An otherwise expired concealed handgun license continues to be valid for up to 45 days after the licensee applies for renewal if:

�� (A) The licensee applies for renewal before the original license expires;

�� (B) The licensee has proof of the application for renewal; and

�� (C) The application for renewal has not been denied.

�� (2) If a licensee changes residence, the licensee shall report the change of address and the sheriff shall issue a new license as a duplication for a change of address. The license shall expire upon the same date as would the original. [1989 c.839 �10; 1993 c.735 �7; 2007 c.368 �4]

�� 166.297 Annual report regarding revocation of licenses. (1) The sheriff of a county shall submit annually to the Department of State Police a report containing the number of concealed handgun licenses revoked during the reporting period and the reasons for the revocations.

�� (2) The Department of State Police shall compile the reports submitted under subsection (1) of this section and shall submit the compilation to the Legislative Assembly biennially. [1993 c.735 �13]

�� 166.300 Killing or injuring another with firearm as cause for loss of right to bear arms. (1) Any person who has committed, with firearms of any kind or description, murder in any degree, or manslaughter, either voluntary or involuntary, or who in a careless or reckless manner, kills or injures another with firearms, and who, at any time after committing murder or manslaughter or after said careless or reckless killing or injury of another, carries or bears firearms of any kind or description within this state, commits a Class A misdemeanor.

�� (2) Subsection (1) of this section does not deprive the people of this state of the right to bear arms for the defense of themselves and the state, and does not apply to any peace officer in the discharge of official duties or to a member of any regularly constituted military organization while on duty with such military organization. [Amended by 2011 c.597 �163]

�� 166.310 [Repealed by 1985 c.709 �4]

�� 166.320 Setting springgun or setgun. (1) Any person who places or sets any loaded springgun, setgun, or any gun, firearm or other device of any kind designed for containing or firing explosives, in any place where it may be fired, exploded or discharged by the contact of any person or animal with any string, wire, rod, stick, spring or other contrivance affixed to or connected with it, or with its trigger, commits a Class B misdemeanor.

�� (2) Subsection (1) of this section does not apply to any loaded springgun, setgun, firearm or other device placed for the purpose of destroying gophers, moles or other burrowing rodents, and does not prevent the use of a coyote getter by employees of county, state or federal governments engaged in cooperative predatory animal control work. [Amended by 2011 c.597 �164]

�� 166.330 Use of firearms with other than incombustible gun wadding. Any person who uses in any firearms discharged on lands within this state, not owned by the person, anything other than incombustible gun wadding, commits a Class C misdemeanor. [Amended by 2011 c.597 �165]

�� 166.340 [1965 c.20 ��2,3; 1969 c.351 �1; repealed by 1981 c.41 �3]

�� 166.350 Unlawful possession of armor piercing ammunition. (1) A person commits the crime of unlawful possession of armor piercing ammunition if the person:

�� (a) Makes, sells, buys or possesses any handgun ammunition the bullet or projectile of which is coated with Teflon or any chemical compound with properties similar to Teflon and which is intended to penetrate soft body armor, such person having the intent that the ammunition be used in the commission of a felony; or

�� (b) Carries any ammunition described in paragraph (a) of this subsection while committing any felony during which the person or any accomplice of the person is armed with a firearm.

�� (2) As used in this section, �handgun ammunition� means ammunition principally for use in pistols or revolvers notwithstanding that the ammunition can be used in some rifles.

�� (3) Unlawful possession of armor piercing ammunition is a Class A misdemeanor. [1985 c.755 �2; 1987 c.158 �29]

�� 166.352 Unlawful transport, manufacture, transfer or possession of rapid fire activator. (1) A person commits the crime of unlawful transport, manufacture or transfer of a rapid fire activator if the person knowingly:

�� (a) Transports a rapid fire activator into this state; or

�� (b) Manufactures, sells, offers to sell or transfers a rapid fire activator.

�� (2) A person commits the crime of unlawful possession of a rapid fire activator if the person knowingly possesses, purchases or receives a rapid fire activator.

�� (3)(a) Unlawful transport, manufacture or transfer of a rapid fire activator is a Class B felony.

�� (b) Unlawful possession of a rapid fire activator is a Class A misdemeanor.

�� (4) This section does not apply to:

�� (a) A peace officer, or other person employed by a law enforcement agency, who possesses a rapid fire activator in accordance with authorization given to the peace officer or other person by the law enforcement agency.

�� (b) A person who has registered a machine gun in accordance with federal law and the rapid fire activator is possessed for use only in, and is necessary for the proper function of, the lawfully registered machine gun.

�� (5) As used in this section:

�� (a) �Binary trigger system� means a device that, when built into, installed in or attached to a firearm, allows the firearm to fire both when the trigger is pulled or depressed and when the trigger is released.

�� (b) �Bump stock� means a device that, when built into, installed in or attached to a firearm, increases the rate of fire of the firearm by using energy from the recoil of the firearm to generate a reciprocating action that facilitates repeated activation of the trigger.

�� (c) �Burst trigger system� means a device that, when built into, installed in or attached to a firearm, allows the firearm to discharge two or more rounds with a single pull or depression of the trigger by altering the trigger reset.

�� (d) �Firearm� has the meaning given that term in ORS 166.210.

�� (e) �Forced reset trigger� means a device that, when built into, installed in or attached to a firearm, mechanically forces the trigger to reset into a firing position after each round is fired.

�� (f) �Hellfire trigger� means a device that, when built into, installed in or attached to a firearm, disengages the trigger return spring when the trigger is pulled or depressed.

�� (g) �Machine gun� has the meaning given that term in ORS 166.210.

�� (h) �Peace officer� has the meaning given that term in ORS 133.005.

�� (i)(A) �Rapid fire activator� means any device, including a removable manual or power-driven device, part or combination of parts, constructed so that, when built into, installed on or attached to a firearm:

�� (i) The rate at which the trigger is activated increases to a faster rate than is possible for the firearm without the device; or

�� (ii) The rate of fire increases to a faster rate than is possible for a person to fire the firearm without the device.

�� (B) �Rapid fire activator� includes, but is not limited to, a bump stock, forced reset trigger, trigger crank, hellfire trigger, binary trigger system, burst trigger system, switch, auto sear or a copy or similar device, regardless of the producer or manufacturer.

�� (j) �Switch� or �auto sear� means a device that, when built into, installed in or attached to a firearm, applies force to a firearm�s trigger bar to prevent the bar from limiting the weapon to firing only one round each time the trigger is pulled or depressed.

�� (k) �Trigger crank� means a device that, when built into, installed in or attached to a firearm, repeatedly activates the trigger of the firearm through the use of a crank, level or any other part that is turned in a circular motion. [2025 c.594 �2]

�� Note: Section 1, chapter 594, Oregon Laws 2025, provides:

�� Sec. 1. Section 2 of this 2025 Act [166.352] and the amendments to ORS 166.262, 166.370 and 166.377 by sections 3 to 5 of this 2025 Act shall be known and may be cited as the �Community Safety Firearms Act.� [2025 c.594 �1]

�� 166.355 Manufacture, importation, possession, use, purchase, sale or transfer of large-capacity magazine. (1) As used in this section:

�� (a) �Armed Forces of the United States� has the meaning given that term in ORS 348.282.

�� (b) �Detachable magazine� means an ammunition feeding device that can be loaded or unloaded while detached from a firearm and readily inserted in a firearm.

�� (c) �Fixed magazine� means an ammunition feeding device contained in or permanently attached to a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.

�� (d) �Large-capacity magazine� means a fixed or detachable magazine, belt, drum, feed strip, helical feeding device, or similar device, including any such device joined or coupled with another in any manner, or a kit with such parts, that has an overall capacity of, or that can be readily restored, changed, or converted to accept, more than 10 rounds of ammunition and allows a shooter to keep firing without having to pause to reload, but does not include any of the following:

�� (A) An ammunition feeding device that has been permanently altered so that it is not capable, now or in the future, of accepting more than 10 rounds of ammunition;

�� (B) An attached tubular device designed to accept, and capable of operating only with 0.22 caliber rimfire ammunition; or

�� (C) A tubular ammunition feeding device that is contained in a lever-action firearm.

�� (e) �Loaded� has the meaning given that term in ORS 166.360.

�� (f) �Person� means any natural person, corporation, partnership, fire or association.

�� (2) Notwithstanding ORS 166.250 to 166.470, and except as expressly provided in subsections (3) to (5) of this section, a person commits the crime of unlawful manufacture, importation, possession, use, purchase, sale or otherwise transferring of large-capacity magazines if the person manufactures, imports, possesses, uses, purchases, sells or otherwise transfers any large-capacity magazine in Oregon on or after December 8, 2022.

�� (3) Subsection (2) of this section does not apply during the first 180 days following December 8, 2022, with respect to:

�� (a) A licensed gun dealer that within 180 days of December 8, 2022:

�� (A) Transfers or sells the large-capacity magazines in the gun dealer�s inventory to a nonresident gun dealer or other transferee outside of this state;

�� (B) Purchases or acquires temporary custody from an owner of any large-capacity magazine for permanent removal from this state within 180 days of December 8, 2022;

�� (C) Permanently alters any large-capacity magazine in the gun dealer�s inventory or custody so that it is not capable, upon alteration or in the future, of accepting more than 10 rounds of ammunition or permanently alter the magazine so it is no longer a; or

�� (D) Permanently disposes of the large-capacity magazines in the gun dealer�s custody or inventory.

�� (b) A firearms manufacturer, properly licensed under federal, state and local law, that is a party to a contract, in existence and binding on December 8, 2022, with an entity outside of this state, for the manufacture of large-capacity magazines, provided that:

�� (A) All manufacturing is completed no later than 180 days after December 8, 2022; and

�� (B) The entity outside of Oregon receiving the large-capacity magazines is made aware in writing on or before the delivery of the ammunition devices of the restrictions pertaining to large-capacity magazines in this state as set forth in chapter 1, Oregon Laws 2023.

�� (4) Subsection (2) of this section does not apply at any time to:

�� (a) A firearms manufacturer properly licensed under federal, state and local law that manufactures large-capacity magazines, provided:

�� (A) The manufacturing is for exclusive sale or transfer to the Armed Forces of the United States or a law enforcement agency and solely for authorized use by that entity related to the official duties of the entity; and

�� (B) Any large-capacity magazine, permitted to be manufactured under paragraph (a)(A) of this subsection after December 8, 2022, shall include a permanent stamp or marking indicating that the large-capacity magazine was manufactured or assembled after December 8, 2022. The stamp or marking must be legibly and conspicuously engraved or cast upon the outer surface of the large-capacity magazine. The department may promulgate such rules as may be necessary for the implementation of this section, including but not limited to rules requiring such large-capacity magazine be stamped with information indicating the limitation for use only by military and law enforcement or such other identification to distinguish clearly large-capacity magazines manufactured after December 8, 2022. Except as provided in subsection (3)(b) of this section, no large-capacity magazines without such stamp may be manufactured in this state after December 8, 2022.

�� (b) A licensed gun dealer that sells or otherwise transfers large-capacity magazines to the Armed Forces of the United States or a law enforcement agency solely for authorized use by that entity, provided the large-capacity magazines have been engraved as provided in paragraph (a)(B) of this subsection.

�� (c) Any government officer, agent or employee, member of the Armed Forces of the United States or peace officer, as that term is defined in ORS 133.005, that is authorized to acquire, possess or use a large-capacity magazine provided that any acquisition, possession or use is related directly to activities within the scope of that person�s official duties.

�� (5) As of December 8, 2022, it shall be an affirmative defense, as provided in ORS

ORS 166.370

166.370. A peace officer may not arrest or charge a person for violating ORS 166.250 (1)(a) or (b) or 166.370 (1)(a) if the person has in the person�s immediate possession:

�� (1) A valid license to carry a firearm as provided in ORS 166.291 and 166.292, unless the person possesses a firearm within the Capitol, within the passenger terminal of a commercial service airport with over one million passenger boardings per year, within a building subject to a policy described in ORS 166.377 (3) or on school grounds subject to a policy described in ORS 166.377 (1);

�� (2) Proof that the person is a law enforcement officer; or

�� (3) Proof that the person is an honorably retired law enforcement officer, unless the person has been convicted of an offense that would make the person ineligible to obtain a concealed handgun license under ORS 166.291 and 166.292. [1999 c.1040 �5; 2015 c.709 �3; 2021 c.146 �11; 2025 c.594 �5]

�� 166.263 Authority of parole and probation officer to carry firearm. When authorized by the officer�s employer, a parole and probation officer, as defined in ORS 181A.355, may carry a firearm while engaged in official duties if the officer has completed:

�� (1) A firearms training program recognized by the Board on Public Safety Standards and Training; and

�� (2) A psychological screening. [1995 c.670 �1]

�� 166.265 Manufacture, importation, sale or transfer of undetectable firearm. (1)(a) A person may not knowingly manufacture or cause to be manufactured within this state, import into this state, or offer for sale, sell or transfer, an undetectable firearm.

�� (b) A violation of paragraph (a) of this subsection is a Class B felony.

�� (2)(a) A person may not knowingly possess an undetectable firearm.

�� (b)(A) A violation of paragraph (a) of this subsection is a Class A misdemeanor.

�� (B) Notwithstanding subparagraph (A) of this paragraph, a violation of paragraph (a) of this subsection is a Class B felony if, at the time of the offense, the person has one or more prior convictions under this section or ORS 166.266 or

ORS 166.450

166.450, 166.460 and 166.470, is guilty of a Class B felony. [Amended by 1979 c.779 �5; 1987 c.320 �89; 1989 c.839 �23; 1995 c.729 �7; 2001 c.666 ��34,46; 2003 c.14 ��66,67; 2003 c.614 �9]

�� 166.412 Definitions; firearms transaction record; criminal history record check; prohibited transfer report; liability; rules. (1) As used in this section:

�� (a) �Antique firearm� has the meaning given that term in 18 U.S.C. 921;

�� (b) �Department� means the Department of State Police;

�� (c) �Firearm� has the meaning given that term in ORS 166.210, except that it does not include an antique firearm;

�� (d) �Firearms transaction record� means the firearms transaction record required by 18 U.S.C. 921 to 929;

�� (e) �Firearms transaction thumbprint form� means a form provided by the department under subsection (11) of this section;

�� (f) �Gun dealer� means a person engaged in the business, as defined in 18 U.S.C. 921, of selling, leasing or otherwise transferring a firearm, whether the person is a retail dealer, pawnbroker or otherwise;

�� (g) �Purchaser� means a person who buys, leases or otherwise receives a firearm or unfinished frame or receiver from a gun dealer; and

�� (h) �Unfinished frame or receiver� has the meaning given that term in ORS 166.210.

�� (2) Except as provided in subsection (12) of this section, a gun dealer shall comply with the following before a firearm or unfinished frame or receiver is delivered to a purchaser:

�� (a) The purchaser shall present to the gun dealer current identification meeting the requirements of subsection (4) of this section and a valid permit issued under ORS 166.505.

�� (b) The gun dealer shall complete the firearms transaction record and obtain the signature of the purchaser on the record.

�� (c) The gun dealer shall obtain the thumbprints of the purchaser on the firearms transaction thumbprint form and attach the form to the gun dealer�s copy of the firearms transaction record to be filed with that copy.

�� (d) The gun dealer shall, by telephone or computer, verify that the purchaser has a valid permit-to-purchase a firearm issued under ORS 166.505, and request that the department conduct a criminal history record check on the purchaser and shall provide the following information to the department:

�� (A) The federal firearms license number of the gun dealer;

�� (B) The business name of the gun dealer;

�� (C) The place of transfer;

�� (D) The name of the person making the transfer;

�� (E) The make, model, caliber and manufacturer�s number of the firearm being transferred or a description of the unfinished frame or receiver being transferred;

�� (F) The name and date of birth of the purchaser;

�� (G) The Social Security number of the purchaser if the purchaser voluntarily provides this number to the gun dealer; and

�� (H) The type, issuer and identification number of the identification presented by the purchaser.

�� (e) The gun dealer shall receive a unique approval number for the transfer from the department and record the approval number on the firearms transaction record and on the firearms transaction thumbprint form.

�� (f) The gun dealer may destroy the firearms transaction thumbprint form five years after the completion of the firearms transaction thumbprint form.

�� (3)(a) Upon receipt of a request of the gun dealer for a criminal history record check, the department shall immediately, during the gun dealer�s telephone call or by return call:

�� (A) Determine, from criminal records and other information available to it, whether the purchaser is disqualified under ORS 166.470 from completing the purchase; and

�� (B) Notify the gun dealer when a purchaser is disqualified from completing the transfer or provide the gun dealer with a unique approval number indicating that the purchaser is qualified to complete the transfer.

�� (b) If the department is unable to determine if the purchaser is qualified or disqualified from completing the transfer within 30 minutes, the department shall notify the gun dealer and provide the gun dealer with an estimate of the time when the department will provide the requested information.

�� (c) The dealer may not transfer the firearm or unfinished frame or receiver unless the dealer receives a unique approval number from the department and, within 48 hours of completing the transfer, the dealer shall notify the state that the transfer to the permit holder was completed.

�� (4)(a) Identification required of the purchaser under subsection (2) of this section shall include one piece of current identification bearing a photograph and the date of birth of the purchaser that:

�� (A) Is issued under the authority of the United States Government, a state, a political subdivision of a state, a foreign government, a political subdivision of a foreign government, an international governmental organization or an international quasi-governmental organization; and

�� (B) Is intended to be used for identification of an individual or is commonly accepted for the purpose of identification of an individual.

�� (b) If the identification presented by the purchaser under paragraph (a) of this subsection does not include the current address of the purchaser, the purchaser shall present a second piece of current identification that contains the current address of the purchaser. The Superintendent of State Police may specify by rule the type of identification that may be presented under this paragraph.

�� (c) The department may require that the gun dealer verify the identification of the purchaser if that identity is in question by sending the thumbprints of the purchaser to the department.

�� (5) The department shall establish a telephone number that shall be operational seven days a week between the hours of 8 a.m. and 10 p.m. for the purpose of responding to inquiries from gun dealers for a criminal history record check under this section.

�� (6) No public employee, official or agency shall be held criminally or civilly liable for performing the investigations required by this section provided the employee, official or agency acts in good faith and without malice.

�� (7)(a) The department may retain a record of the information obtained during a request for a criminal history record check for no more than five years, except for the information provided to the dealer under subsection (2)(d) of this section, sufficient to reflect each firearm or unfinished frame or receiver purchased by a permit holder, which must be attached to the electronic record of the permit stored by the department. The department may develop a system for removal of the information in subsection (2)(d)(E) of this section, upon proof of sale or transfer of the firearm or unfinished frame or receiver to another permit holder and for recording of the information to reflect the transfer of ownership to the permit of the new owner.

�� (b) The record of the information obtained during a request for a criminal history record check by a gun dealer is exempt from disclosure under public records law.

�� (c) If the department determines that a purchaser is prohibited from possessing a firearm under ORS 166.250 (1)(c), the department shall report the attempted transfer, the purchaser�s name and any other personally identifiable information to all federal, state and local law enforcement agencies and district attorneys that have jurisdiction over the location or locations where the attempted transfer was made and where the purchaser resides.

�� (d) If the department determines that, based on the judgment of conviction, the purchaser is prohibited from possessing a firearm as a condition of probation or that the purchaser is currently on post-prison supervision or parole, the department shall report the attempted transfer to the purchaser�s supervising officer and the district attorney of the county in which the conviction occurred.

�� (e) If the department determines that the purchaser is prohibited from possessing a firearm due to a court order described in ORS 166.255 (1)(a), the department shall report the attempted transfer to the court that issued the order.

�� (f) If the department determines that the purchaser is under the jurisdiction of the Psychiatric Security Review Board, the department shall report the attempted transfer to the board.

�� (g) Reports required by paragraphs (c) to (f) of this subsection shall be made within 24 hours after the determination is made, unless a report would compromise an ongoing investigation, in which case the report may be delayed as long as necessary to avoid compromising the investigation.

�� (h) On or before January 31 of each year, a law enforcement agency or a prosecuting attorney�s office that received a report pursuant to paragraph (c) of this subsection during the previous calendar year shall inform the department of any action that was taken concerning the report and the outcome of the action.

�� (i) The department shall annually publish a written report, based on any information received under paragraph (h) of this subsection, detailing the following information for the previous year:

�� (A) The number of purchasers whom the department determined were prohibited from possessing a firearm under ORS 166.250 (1)(c), arranged by category of prohibition;

�� (B) The number of reports made pursuant to paragraph (c) of this subsection;

�� (C) The number of investigations arising from the reports made pursuant to paragraph (c) of this subsection, the number of investigations concluded and the number of investigations referred for prosecution, all arranged by category of prohibition; and

�� (D) The number of criminal charges arising from the reports made pursuant to paragraph (c) of this subsection and the disposition of the charges, both arranged by category of prohibition.

�� (8) A law enforcement agency may inspect the records of a gun dealer relating to transfers of firearms and unfinished frames or receivers with the consent of a gun dealer in the course of a reasonable inquiry during a criminal investigation or under the authority of a properly authorized subpoena or search warrant.

�� (9) When a firearm is delivered, it shall be unloaded.

�� (10) In accordance with applicable provisions of ORS chapter 183, the Superintendent of State Police may adopt rules necessary for:

�� (a) The design of the firearms transaction thumbprint form;

�� (b) The maintenance of a procedure to correct errors in the criminal records of the department;

�� (c) The provision of a security system to identify gun dealers that request a criminal history record check under subsection (2) of this section; and

�� (d) The creation and maintenance of a database of the business hours of gun dealers.

�� (11) The department shall publish the firearms transaction thumbprint form and shall furnish the form to gun dealers on application at cost.

�� (12) This section does not apply to transactions between persons licensed as dealers under 18 U.S.C. 923.

�� (13)(a) If requested by a transferor who is not a gun dealer, a gun dealer may request a criminal background check pursuant to ORS 166.435 or 166.438 and may charge a reasonable fee for providing the service.

�� (b) A gun dealer that requests a criminal background check under this subsection is immune from civil liability for any use of the firearm or unfinished frame or receiver by the recipient or transferee, provided that the gun dealer requests the criminal background check as described in this section and also provided that the dealer verifies that the recipient has a valid permit-to-purchase the firearm or unfinished frame or receiver and the dealer has received a unique approval number from the department indicating successful completion of the background check.

�� (14) Knowingly selling or delivering a firearm or unfinished frame or receiver to a purchaser or transferee who does not have a valid permit-to-purchase a firearm in violation of subsection (2)(d) of this section, or prior to receiving a unique approval number from the department based on the criminal background check in violation of subsection (3)(c) of this section, is a Class A misdemeanor. [1995 c.729 �1; 2001 c.900 �25; 2009 c.595 �114; 2009 c.826 �17; 2015 c.50 �4; 2018 c.5 �4; 2018 c.120 �15; 2023 c.1 �6; 2023 c.229 �7]

�� Note: Section 10, chapter 1, Oregon Laws 2023, provides:

�� Sec. 10. ORS 166.503, 166.505 and 166.508 and the amendments to ORS 166.412, 166.435, 166.436 and 166.438 by sections 6 to 9, chapter 1, Oregon Laws 2023, apply to firearm transfers conducted on or after March 15, 2026. [2023 c.1 �10; 2025 c.594 �6]

�� Note: See second note under 166.355.

�� Note: 166.412 to 166.421 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 166 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� Note: See third note under 166.355.

�� Note: See fourth note under 166.355.

�� 166.414 Fees for conducting criminal history record checks. (1) The Department of State Police may adopt a fee schedule for criminal history record checks required under ORS

ORS 166.508

166.508:

�� (1) �Criminal background check� has the same meaning given to this term in ORS 166.432 (1)(a) to (e).

�� (2) �Department� means the Department of State Police.

�� (3) �Gun dealer� means a person engaged in the business, as defined in 18 U.S.C. 921, of selling, leasing or otherwise transferring a firearm, whether the person is a retail dealer, pawnbroker or otherwise.

�� (4) �Permit� or �permit-to-purchase� means an authorization issued to a person to purchase or acquire a firearm, provided all other requirements at the time of purchase or acquisition are met.

�� (5) �Permit agent� means a county sheriff or police chief with jurisdiction over the residence of the person making an application for a permit-to-purchase, or their designees.

�� (6) �Transfer� has the meaning given that term in ORS 166.435 (1)(a).

�� (7) �Transferor� means a person who is not a gun dealer or licensed as a manufacturer or importer under 18 U.S.C. 923 and who intends to deliver a firearm to a transferee. [2023 c.1 �3]

�� Note: See first note under 166.412.

�� Note: See second note under 166.355.

�� Note: See third note under 166.355.

�� Note: See fourth note under 166.355.

�� 166.505 Permits to purchase firearms; rules. (1)(a) A person may apply for a permit-to-purchase a firearm or firearms under this section to the police chief or county sheriff with jurisdiction over the residence of the person making the application, or their designees, hereinafter referred to as �permit agent.�

�� (b) A person is qualified to be issued a permit-to-purchase under this section if the person:

�� (A) Is not prohibited from purchasing or acquiring a firearm under state or federal law, including but not limited to successfully completing a criminal background check as described under paragraph (e) of this subsection;

�� (B) Is not the subject of an order described in ORS 166.525 to 166.543;

�� (C) Does not present reasonable grounds for a permit agent to conclude that the applicant has been or is reasonably likely to be a danger to self or others, or to the community at large, as a result of the applicant�s mental or psychological state or as demonstrated by the applicant�s past pattern of behavior involving unlawful violence or threats of unlawful violence;

�� (D) Provides proof of completion of a firearm safety course as defined in subsection (8) of this section; and

�� (E) Pays the fee described in subsection (3)(b) of this section.

�� (c) An application for a permit under this section must state the applicant�s legal name, current address and telephone number, date and place of birth, physical description, and any additional information determined necessary by department rules. The application must be signed by the applicant in front of the permit agent.

�� (d) The permit agent shall verify the applicant�s identity with a government-issued form of identification bearing a photograph of the applicant.

�� (e) The applicant must submit to fingerprinting and photographing by the permit agent. The permit agent shall fingerprint and photograph the applicant and shall conduct any investigation necessary to determine whether the applicant meets the qualifications described in paragraph (b) of this subsection. The permit agent shall request the department to conduct a criminal background check, including but not limited to a fingerprint identification, through the Federal Bureau of Investigation. The Federal Bureau of Investigation shall return the fingerprint cards used to conduct the criminal background check and may not keep any record of the fingerprints. Upon completion of the criminal background check and determination of whether the permit applicant is qualified or disqualified from purchasing or otherwise acquiring a firearm the department shall report the results, including the outcome of the fingerprint-based criminal background check, to the permit agent.

�� (2)(a) If during the background check, the department determines that:

�� (A) A purchaser is prohibited from possessing a firearm under ORS 166.250 (1)(c), the department shall report the attempted application for a permit, the purchaser�s name and any other personally identifiable information to all federal, state and local law enforcement agencies and district attorneys that have jurisdiction over the location or locations where the attempted application for a permit was made and where the permit applicant resides.

�� (B) Based on the judgment of conviction, the permit applicant is prohibited from possessing a firearm as a condition of probation or that the permit applicant is currently on post-prison supervision or parole, the department shall report the attempted application for a permit to the permit applicant�s supervising officer and the district attorney of the county in which the conviction occurred.

�� (C) The permit applicant is prohibited from possessing a firearm due to a court order described in ORS 166.255 (1)(a), the department shall report the attempted application for a permit to the court that issued the order.

�� (D) The permit applicant is under the jurisdiction of the Psychiatric Security Review Board, the department shall report the attempted application for a permit to the board.

�� (b) Reports required by paragraph (a)(A) to (D) of this subsection shall be made within 24 hours after the determination is made, unless a report would compromise an ongoing investigation, in which case the report may be delayed as long as necessary to avoid compromising the investigation.

�� (c) On or before January 31 of each year, beginning in 2024, the department shall annually publish a report indicating for each county the number of applications made to any permit agent, the number of permits-to-purchase issued and the number of permits-to-purchase denied and the reasons for denial. The department may, by rule, include any additional information that it determines would be helpful to ensuring the permit-to-purchase process is being administered in a consistent and equitable manner.

�� (3)(a) Within 30 days of receiving an application for a permit under this section, if the permit agent has verified the applicant�s identity and determined that the applicant has met each of the qualifications described in subsection (1)(b) of this section, the permit agent shall issue the permit-to-purchase.

�� (b) The permit agent may charge a reasonable fee reflecting the actual cost of the process but shall not exceed $65, including the cost of fingerprinting, photographing and obtaining a criminal background check.

�� (4)(a) The department shall develop:

�� (A) A standardized application form for a permit under this section; and

�� (B) A form in quadruplicate for use by permit agents in issuing permits under this section.

�� (b) The issuing permit agent shall maintain a copy of each permit issued under this section.

�� (c) The person named in a permit shall:

�� (A) Maintain a copy of the permit as long as the permit is valid.

�� (B) Present a copy of the permit to the gun dealer or transferor of a firearm when required under ORS 166.412, 166.435, 166.436 or 166.438.

�� (5)(a) The permit agent shall report the issuance of a permit under this section to the department, and shall provide to the department a copy of the permit and any information necessary for the department to maintain an electronic searchable database of all permits issued under this section. A permit agent revoking a permit shall report the revocation to the department at the time that notice of the revocation has been sent to the permit holder.

�� (b) The department shall maintain the electronic database described in paragraph (a) of this subsection by ensuring that new permits are added to the database, renewed permits are assigned a new expiration date, and expired or revoked permits are marked expired or revoked but retained in the database.

�� (6)(a) A permit-to-purchase issued under this section does not create any right of the permit holder to receive a firearm.

�� (b) A permit-to-purchase issued under this section is not a limit on the number of firearms the permit holder may purchase or acquire during the time period when the permit is valid.

�� (7)(a) A permit-to-purchase issued under this section is valid for five years from the date of issuance, unless revoked.

�� (b) A person may renew an unexpired permit issued under this section by repeating the procedures set forth in subsection (1) of this section, except:

�� (A) A full fingerprint set does not need to be taken again if the original set has been retained by the permit agent or is otherwise available; and

�� (B) The training course does not need to be completed, provided the course previously taken fully complies with each of the requirements set forth in subsection (8) of this section.

�� (c) The permit agent may charge a reasonable fee for renewal of the permit, reflecting the actual cost of the process but shall not exceed $50, including the cost of obtaining a criminal background check and photographing.

�� (8) As used in this section, �proof of completion of a firearm safety course� means the following:

�� (a) Proof of completion of any firearms training course or class available to the general public that is offered by law enforcement, a community college, or a private or public institution or organization or firearms training school utilizing instructors certified by a law enforcement agency, and that includes the components set forth in paragraph (c) of this subsection; or

�� (b) Proof of completion of any law enforcement firearms training course or class that is offered for security guards, investigators, reserve law enforcement officers, or any other law enforcement officers, and that includes the components set forth in paragraph (c) of this subsection;

�� (c) A firearms training course or class required for issuance of a permit-to-purchase must include:

�� (A) Review of federal and state laws in place at the time of the class and other safe practices related to ownership, purchase, transfer, use and transportation of firearms;

�� (B) Review of federal and state safe storage laws in place at the time of the class and other safe practices related to safe storage, including reporting lost and stolen guns;

�� (C) Prevention of abuse or misuse of firearms, including the impact of homicide and suicide on families, communities and the country as a whole; and

�� (D) In-person demonstration of the applicant�s ability to lock, load, unload, fire and store a firearm before an instructor certified by a law enforcement agency. This requirement may be met separately from the other course requirements in subparagraphs (A), (B) and (C) of this paragraph, which may be completed in an online course, provided the online course has been conducted by a trainer certified by law enforcement.

�� (d) Proof of successful completion of a training course in order to meet the requirements for a concealed handgun license issued under ORS 166.291 and 166.292 may be submitted for a permit as a substitute for the requirements in paragraph (c) of this subsection, provided the completed course included each of the components set forth in paragraph (c) of this subsection.

�� (9) The department may adopt rules to carry out the provisions of this section. [2023 c.1 �4]

�� Note: See first note under 166.412.

�� Note: See second note under 166.355.

�� Note: See third note under 166.355.

�� Note: See fourth note under 166.355.

�� 166.508 Denial of application; revocation; petition to circuit court. (1) If the application for the permit-to-purchase is denied, the permit agent shall set forth in writing the reasons for the denial. The denial shall be placed in the mail to the applicant by certified mail, restricted delivery, within 30 days after the application was made. If no decision is issued within 30 days, the person may seek review under the procedures in subsection (5) of this section.

�� (2) Notwithstanding ORS 166.505 (1) to (3), and subject to review as provided in subsection (5) of this section, a permit agent may deny a permit-to-purchase if the permit agent has reasonable grounds to believe that the applicant has been or is reasonably likely to be a danger to self or others, or to the community at large, as a result of the applicant�s mental or psychological state or as demonstrated by the applicant�s past pattern of behavior involving unlawful violence or threats of unlawful violence.

�� (3)(a) Any act or condition that would prevent the issuance of a permit-to-purchase is cause for revoking a permit-to-purchase.

�� (b) A permit agent may revoke a permit by serving on the permittee a notice of revocation. The notice must contain the grounds for the revocation and must be served either personally or by certified mail, restricted delivery. The notice and return of service shall be included in the file of the permit holder. The revocation is effective upon the permit holder�s receipt of the notice.

�� (4) Any peace officer or corrections officer may seize a permit-to-purchase and return it to the issuing permit agent if the permit is held by a person who has been arrested or cited for a crime that can or would otherwise disqualify the person from being issued a permit. The issuing permit agent shall hold the permit for 30 days. If the person is not charged with a crime within the 30 days, the permit agent shall return the permit unless the permit agent revokes the permit as provided in subsection (3) of this section.

�� (5) A person denied a permit-to-purchase or whose permit is revoked or not renewed may petition the circuit court in the petitioner�s county of residence to review the denial, nonrenewal or revocation. The petition must be filed within 30 days after the receipt of the notice of the denial or revocation.

�� (6) The judgment affirming or overturning the permit agent�s decision shall be based on whether the petitioner meets the criteria that are used for issuance of a permit-to-purchase and, if the petitioner was denied a permit, whether the permit agent has reasonable grounds for denial under subsection (2) of this section. Whenever the petitioner has been previously sentenced for a crime under ORS

ORS 166.537

166.537 remain in the custody of the law enforcement agency while the order is in effect.

�� (d) The court may not include in findings made under this subsection any mental health diagnosis or any connection between the risk presented by the respondent and mental illness.

�� (4) An extreme risk protection order continued under this section must include:

�� (a) A statement of the evidence and the court�s findings supporting issuance of the order;

�� (b) The date and time the order was issued;

�� (c) The date and time of the expiration of the order;

�� (d) A description of the requirements for surrender of deadly weapons in the respondent�s possession under ORS 166.537; and

�� (e) A statement in substantially the following form:

�� To the subject of this protection order: This order is valid until the date and time noted above. If you have not done so already, you are required to surrender all deadly weapons in your custody. You must immediately surrender all deadly weapons in your custody, control or possession to (insert name of local law enforcement agency), a gun dealer or a third party who may lawfully possess the deadly weapons. You must immediately surrender to (insert name of local law enforcement agency) any concealed handgun license issued to you. You may not have in your custody or control, purchase, possess, receive, or attempt to purchase or receive, a deadly weapon while this order is in effect. You have the right to request one hearing to terminate this order during the 12 months that this order is in effect starting from the date of this order. You may seek the advice of an attorney as to any matter connected with this order.

�� (5) When the court continues an extreme risk protection order under this section, the court shall inform the respondent that the respondent is entitled to request termination of the order in the manner described in ORS 166.533. The court shall provide the respondent with a form with which to request a termination hearing.

�� (6) The respondent need not be served if an order of the court indicates that the respondent appeared in person before the court.

�� (7) If the court terminates an extreme risk protection order after a hearing under this section:

�� (a) The court shall state with particularity the reasons for the termination on the record.

�� (b) The clerk of the court shall immediately deliver a copy of the termination order to the county sheriff with whom the original order was filed. Upon receipt of the termination order, the county sheriff shall promptly remove the original order from the Law Enforcement Data System and shall request that the order be removed from the databases of the National Crime Information Center of the United States Department of Justice. [2017 c.737 �3]

�� 166.533 Hearing to terminate order. (1) The petitioner or the respondent of an extreme risk protection order issued or continued under ORS 166.527 or 166.530 may each submit a written request once during the 12-month effective period of the order, and once during any 12-month effective period of an order renewed under ORS 166.535, for a hearing to terminate the order. A hearing under this section is in addition to any hearing requested under ORS 166.527.

�� (2) Upon receipt of a request described in subsection (1) of this section, the court shall schedule a termination hearing and provide notice of the hearing to both parties at least five days before the hearing.

�� (3)(a) The person filing the termination request has the burden of proving, by clear and convincing evidence, that the respondent no longer presents a risk in the near future, including an imminent risk, of suicide or of causing physical injury to another person.

�� (b) The Oregon Evidence Code shall apply in a hearing under this section.

�� (c) The court may continue a hearing under this section upon a showing of good cause. If the court continues a hearing under this paragraph, the extreme risk protection order shall remain in effect until the next hearing date.

�� (4)(a) If the court finds that the petitioner has met the burden of proof as described in subsection (3) of this section, the court shall terminate the extreme risk protection order.

�� (b) The court may not include in findings made under this subsection any mental health diagnosis or any connection between the risk presented by the respondent and mental illness.

�� (5) When an extreme risk protection order is terminated by order of the court, the clerk of the court shall immediately deliver a copy of the termination order to the county sheriff with whom the original order was filed. Upon receipt of the termination order, the county sheriff shall promptly remove the original order from the Law Enforcement Data System and shall request that the order be removed from the databases of the National Crime Information Center of the United States Department of Justice. [2017 c.737 �4]

�� 166.535 Renewal of order. (1) A law enforcement officer or a family or household member of a respondent, including but not limited to the law enforcement officer or family or household member who petitioned the court for the original extreme risk protection order issued under ORS 166.527, may request a renewal of the order within 90 days before the expiration date of the order by filing a written request with the court.

�� (2) Upon receipt of the request for renewal described in subsection (1) of this section, the court shall schedule a hearing and provide notice of the hearing to both parties at least 14 days before the hearing.

�� (3) At a hearing to determine whether to renew an extreme risk protection order under this section, the court may:

�� (a) Examine under oath the petitioner, the respondent and any witness either party may produce or, in lieu of examination, consider sworn affidavits of the petitioner, the respondent or a witness of either party; and

�� (b) Ensure that a reasonable search has been conducted for criminal history records related to the respondent.

�� (4) The person requesting the renewal of the extreme risk protection order has the burden of proving, by clear and convincing evidence, that the respondent continues to present a risk in the near future, including an imminent risk, of suicide or of causing physical injury to another person.

�� (5)(a) The Oregon Evidence Code shall apply in a hearing under this section.

�� (b) The court may continue a hearing under this section upon a showing of good cause. If the court continues a hearing under this paragraph, the original extreme risk protection order shall remain in effect until the next hearing date.

�� (c) The petitioner may appear in person or by electronic video transmission.

�� (6)(a) If the court finds that the petitioner has met the burden of proof, the court may renew the extreme risk protection order for a duration of up to one year.

�� (b) The court may not include in findings made under this subsection any mental health diagnosis or any connection between the risk presented by the respondent and mental illness.

�� (7) An extreme risk protection order renewed under this section must include:

�� (a) A statement of the evidence and the court�s findings supporting issuance of the order;

�� (b) The date and time the order was issued;

�� (c) The date and time of the expiration of the order;

�� (d) A description of the requirements for surrender of deadly weapons in the respondent�s possession under ORS 166.537; and

�� (e) A statement in substantially the following form:

�� To the subject of this protection order: This renewed order is valid until the date and time noted above. If you have not done so already, you are required to surrender all deadly weapons in your custody. You must immediately surrender all deadly weapons in your custody, control or possession to (insert name of local law enforcement agency), a gun dealer or a third party who may lawfully possess the deadly weapons. You must immediately surrender to (insert name of local law enforcement agency) any concealed handgun license issued to you. You may not have in your custody or control, purchase, possess, receive, or attempt to purchase or receive, a deadly weapon while this order is in effect. You have the right to request one hearing to terminate this renewed order every 12 months that this order is in effect, starting from the date of this order. You may seek the advice of an attorney as to any matter connected with this order.

�� (8) When the court renews an extreme risk protection order, the court shall inform the respondent that the respondent is entitled to request termination of the renewed order in the manner described in ORS 166.533. The court shall provide the respondent with a form with which to request a termination hearing.

�� (9)(a) Service of a renewed extreme risk protective order shall be made by personal delivery of a copy of the order to the respondent. The respondent need not be served if an order of the court indicates that the respondent appeared in person before the court.

�� (b) Whenever a renewed extreme risk protective order is served on a respondent, the person serving the order shall immediately deliver to the county sheriff a true copy of proof of service, on which it is stated that personal service of the order was made on the respondent, and a copy of the order. Proof of service may be made by affidavit or by declaration under penalty of perjury in the form required by ORCP 1 E.

�� (c) If service of the order is not required under paragraph (a) of this subsection, a copy of the order must be delivered to the sheriff by the court.

�� (d) Upon receipt of a copy of the order and notice of completion of any required service by a member of a law enforcement agency, the county sheriff shall immediately enter the order into the Law Enforcement Data System maintained by the Department of State Police and request that the order be entered into the databases of the National Crime Information Center of the United States Department of Justice. If the order was served on the respondent by a person other than a member of a law enforcement agency, the county sheriff shall enter the order into the Law Enforcement Data System and request that the order be entered into the databases of the National Crime Information Center upon receipt of a true copy of proof of service. The sheriff shall provide the petitioner with a true copy of any required proof of service. Entry into the Law Enforcement Data System constitutes notice to all law enforcement agencies of the existence of the order. Law enforcement agencies shall establish procedures adequate to ensure that an officer at the scene of an alleged violation of the order may be informed of the existence and terms of the order. The order is fully enforceable in any county in this state.

�� (10) If the court declines to renew an extreme risk protection order, the court shall state with particularity the reasons for the denial on the record.

�� (11) A renewed extreme risk protection order may be further renewed as described in this section. [2017 c.737 �5]

�� 166.537 Surrender of deadly weapons pursuant to order. (1) Upon issuance of an extreme risk protection order under ORS 166.527, the court shall further order that the respondent:

�� (a) Within 24 hours surrender all deadly weapons in the respondent�s custody, control or possession to a law enforcement agency, a gun dealer or a third party who may lawfully possess the deadly weapons; and

�� (b) Within 24 hours surrender to a law enforcement agency any concealed handgun license issued to the respondent under ORS 166.291 and 166.292.

�� (2) Upon continuance of an extreme risk protection order after a hearing under ORS

ORS 167.007

167.007, 167.008 and 167.012;

�� (B) Unlawful manufacture, delivery or possession of a controlled substance, as defined in ORS 475.005;

�� (C) Manufacture of a cannabinoid extract, as defined in ORS 475C.009, unless the person manufacturing the cannabinoid extract holds a license issued under ORS 475C.085 or is registered under ORS 475C.815;

�� (D) A bias crime, as described in ORS 166.155 and 166.165; or

�� (E) Burglary as described in ORS 164.215 and 164.225.

�� (2) If the cause for a termination notice given pursuant to subsection (1) of this section is based upon the acts of the tenant�s pet, the tenant may cure the cause and avoid termination of the tenancy by removing the pet from the premises prior to the end of the notice period. The notice must describe the right of the tenant to cure the cause. If the tenant returns the pet to the premises at any time after having cured the violation, the landlord, after at least 24 hours� written notice specifying the subsequent presence of the offending pet, may terminate the rental agreement and take possession as provided in ORS 105.100 to 105.168. The tenant does not have a right to cure this subsequent violation.

�� (3) For purposes of subsection (1) of this section, someone is in the tenant�s control if that person enters or remains on the premises with the tenant�s permission or consent after the tenant reasonably knows or should know of that person�s act or likelihood to commit any act of the type described in subsection (1) of this section.

�� (4) An act can be proven to be outrageous in the extreme even if the act is one that does not violate a criminal statute. Notwithstanding the references to criminal statutes in subsection (1)(f) of this section, the landlord�s burden of proof in an action for possession under subsection (1) of this section is the civil standard of proof by a preponderance of the evidence.

�� (5) If a good faith effort by a landlord to terminate the tenancy under subsection (1)(f) of this section and to recover possession of the rental unit under ORS 105.100 to

ORS 167.117

167.117 and 167.122 to 167.147 in which it is necessary to prove the occurrence of a sporting event, the following shall be admissible in evidence and shall be prima facie evidence of the occurrence of the event:

�� (1) A published report of its occurrence in a daily newspaper, magazine or other periodically printed publication of general circulation; or

�� (2) Evidence that a description of some aspect of the event was written, printed or otherwise noted at the place in which a violation of ORS 167.117 and 167.122 to 167.147 is alleged to have been committed. [1971 c.743 �270]

�� 167.155 [Repealed by 1961 c.503 �3]

�� 167.157 [1969 c.169 �1; repealed by 1971 c.743 �432]

�� 167.158 Lottery prizes forfeited to county; exception; action by county to recover. (1) Except for bingo or lotto operated by a charitable, fraternal or religious organization, all sums of money and every other valuable thing drawn as a prize in any lottery or pretended lottery, by any person within this state, are forfeited to the use of the county in which it is found, and may be sued for and recovered by a civil action.

�� (2) Nothing contained in ORS 105.550 to 105.600 shall interfere with the duty of officers to take possession of property as provided by subsection (1) of this section. [1971 c.743 �271; 1977 c.850 �3; 1989 c.846 �14]

�� 167.160 [Repealed by 1961 c.503 �3]

�� 167.162 Gambling device as public nuisance; defense; seizure and destruction. (1) A gambling device is a public nuisance. Any peace officer shall summarily seize any such device that the peace officer finds and deliver it to the custody of the law enforcement agency that employs the officer, which shall hold it subject to the order of the court having jurisdiction.

�� (2) Whenever it appears to the court that the gambling device has been possessed in violation of ORS 167.147, the court shall adjudge forfeiture thereof and shall order the law enforcement agency holding the gambling device to destroy the device and to deliver any coins taken therefrom to the county treasurer, who shall deposit them to the general fund of the county. However, when the defense provided by ORS 167.147 (3) is raised by the defendant, the gambling device or slot machine shall not be forfeited or destroyed until after a final judicial determination that the defense is not applicable. If the defense is applicable, the gambling device or slot machine shall be returned to its owner.

�� (3) The seizure of the gambling device or operating part thereof constitutes sufficient notice to the owner or person in possession thereof. The law enforcement agency shall make return to the court showing that the law enforcement agency has complied with the court�s order.

�� (4) Whenever, in any proceeding in court for the forfeiture of any gambling device except a slot machine seized for a violation of ORS 167.147, a judgment for forfeiture is entered, the court shall have exclusive jurisdiction to remit or mitigate the forfeiture.

�� (5) In any such proceeding the court shall not allow the claim of any claimant for remission or mitigation unless and until the claimant proves that the claimant:

�� (a) Has an interest in the gambling device, as owner or otherwise, that the claimant acquired in good faith.

�� (b) At no time had any knowledge or reason to believe that it was being or would be used in violation of law relating to gambling.

�� (6) In any proceeding in court for the forfeiture of any gambling device except a slot machine seized for a violation of law relating to gambling, the court may in its discretion order delivery thereof to any claimant who shall establish the right to the immediate possession thereof, and shall execute, with one or more sureties, or by a surety company, approved by the court, and deliver to the court, a bond in such sum as the court shall determine, running to the State of Oregon, and conditioned to return such gambling device at the time of trial, and conditioned further that, if the gambling device be not returned at the time of trial, the bond may in the discretion of the court stand in lieu of and be forfeited in the same manner as such gambling device. [1971 c.743 �272; 1977 c.264 �2; 1999 c.59 �32; 2003 c.576 �391; 2005 c.22 �117; 2009 c.835 �9]

�� 167.164 Possession of a gray machine; disposition of machine; defense. (1) A person commits the crime of possession of a gray machine if the person manufactures, sells, leases, transports, places, possesses or services a gray machine or conducts or negotiates a transaction affecting or designed to affect the ownership, custody or use of a gray machine.

�� (2) Possession of a gray machine is a Class C felony.

�� (3) If any device is seized by a law enforcement agency based on a contention that the device is a gray machine, and a motion for return or restoration of the device is filed under ORS 133.633, the burden of proof is on the state to establish that the device is in fact a gray machine.

�� (4) Violation of, solicitation to violate, attempt to violate or conspiracy to violate subsection (1) of this section constitutes prohibited conduct for purposes of ORS chapter 131A. A device that is claimed to be a gray machine may be destroyed or otherwise disposed of only if a judgment of forfeiture has been entered under ORS 131.550 to 131.600 or ORS chapter 131A.

�� (5) It is a defense to a charge of possession of a gray machine if the machine that caused the charge to be brought was manufactured prior to 1958 and was not operated for purposes of unlawful gambling. [1991 c.962 �5; 1999 c.59 �33; 2009 c.78 �58; 2013 c.128 �1]

�� 167.165 [Repealed by 1963 c.340 �1 (167.170 enacted in lieu of 167.165)]

�� 167.166 Removal of unauthorized video lottery game terminal. On and after December 1, 1991, any video lottery game terminal that is not authorized by the Oregon State Lottery Commission must be removed from the State of Oregon. [1991 c.962 �8]

�� 167.167 Cheating. (1) A person commits the crime of cheating if the person, while in the course of participating or attempting to participate in any legal or illegal gambling activity, directly or indirectly:

�� (a) Employs or attempts to employ any device, scheme or artifice to defraud any other participant or any operator;

�� (b) Engages in any act, practice or course of operation that operates or would operate as a fraud or deceit upon any other participant or any operator;

�� (c) Engages in any act, practice or course of operation with the intent of cheating any other participant or the operator to gain an advantage in the game over the other participant or operator; or

�� (d) Causes, aids, abets or conspires with another person to cause any other person to violate paragraphs (a) to (c) of this subsection.

�� (2) As used in this section, �deceit,� �defraud� and �fraud� are not limited to common law deceit or fraud.

�� (3) Cheating is a Class C felony. [1997 c.867 �20]

�� 167.170 [1963 c.340 �2 (enacted in lieu of

ORS 169.005

169.005, detention facilities as defined in ORS 419A.004, youth correction facilities as defined in ORS 420.005 and Department of Corrections institutions as defined in ORS 421.005. [1999 c.920 �3; 2015 c.629 �32]

�� Note: See note under 164.160.

MONEY LAUNDERING

�� 164.170 Laundering a monetary instrument. (1) A person commits the crime of laundering a monetary instrument if the person:

�� (a) Knowing that the property involved in a financial transaction represents the proceeds of some form, though not necessarily which form, of unlawful activity, conducts or attempts to conduct a financial transaction that involves the proceeds of unlawful activity:

�� (A) With the intent to promote the carrying on of unlawful activity; or

�� (B) Knowing that the transaction is designed in whole or in part to:

�� (i) Conceal or disguise the nature, location, source, ownership or control of the proceeds of unlawful activity; or

�� (ii) Avoid a transaction reporting requirement under federal law;

�� (b) Transports, transmits or transfers or attempts to transport, transmit or transfer a monetary instrument or funds:

�� (A) With the intent to promote the carrying on of unlawful activity; or

�� (B) Knowing that the monetary instrument or funds involved in the transportation, transmission or transfer represent the proceeds of some form, though not necessarily which form, of unlawful activity and knowing that the transportation, transmission or transfer is designed, in whole or in part, to:

�� (i) Conceal or disguise the nature, location, source, ownership or control of the proceeds of unlawful activity; or

�� (ii) Avoid a transaction reporting requirement under federal law; or

�� (c) Intentionally conducts or attempts to conduct a financial transaction involving property represented to be the proceeds of unlawful activity or property used to conduct or facilitate unlawful activity to:

�� (A) Promote the carrying on of unlawful activity;

�� (B) Conceal or disguise the nature, location, source, ownership or control of property believed to be the proceeds of unlawful activity; or

�� (C) Avoid a transaction reporting requirement under federal law.

�� (2)(a) Laundering a monetary instrument is a Class B felony.

�� (b) In addition to any other sentence of imprisonment or fine that a court may impose and notwithstanding ORS 161.625, a court may include in the sentence of a person convicted under this section a fine in an amount equal to the value of the property, funds or monetary instruments involved in the unlawful transaction.

�� (3) For purposes of subsection (1)(b)(B) of this section, the state may establish the defendant�s knowledge through evidence that a peace officer, federal officer or another person acting at the direction of or with the approval of a peace officer or federal officer represented the matter specified in subsection (1)(b)(B) of this section as true and the defendant�s subsequent statements or actions indicate that the defendant believed the representations to be true.

�� (4) For purposes of subsection (1)(c) of this section, �represented� includes, but is not limited to, any representation made by a peace officer, federal officer or another person acting at the direction of or with the approval of a peace officer or federal officer.

�� (5) As used in this section:

�� (a) �Conducts� includes initiating, concluding or participating in the initiation or conclusion of a transaction.

�� (b) �Federal officer� has the meaning given that term in ORS 133.005.

�� (c) �Financial institution� has the meaning given that term in ORS 706.008.

�� (d) �Financial transaction� means a transaction involving:

�� (A) The movement of funds by wire or other means;

�� (B) One or more monetary instruments;

�� (C) The transfer of title to any real property, vehicle, vessel or aircraft; or

�� (D) The use of a financial institution.

�� (e) �Monetary instrument� means:

�� (A) Coin or currency of the United States or of any other country, traveler�s checks, personal checks, bank checks, cashier�s checks, money orders, foreign bank drafts of any foreign country or gold, silver or platinum bullion or coins; or

�� (B) Investment securities or negotiable instruments, in bearer form or otherwise in such form that title passes upon delivery.

�� (f) �Peace officer� has the meaning given that term in ORS 133.005.

�� (g) �Transaction� includes a purchase, sale, loan, pledge, gift, transfer, delivery or other disposition and, with respect to a financial institution, includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit or other monetary instrument, use of a safe deposit box or any other payment, transfer or delivery by, through or to a financial institution by whatever means.

�� (h) �Unlawful activity� means any act constituting a felony under state, federal or foreign law. [1999 c.878 �1]

�� Note: 164.170, 164.172 and 164.174 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 164.172 Engaging in a financial transaction in property derived from unlawful activity. (1) A person commits the crime of engaging in a financial transaction in property derived from unlawful activity if the person knowingly engages in or attempts to engage in a financial transaction in property that:

�� (a) Constitutes, or is derived from, the proceeds of unlawful activity;

�� (b) Is of a value greater than $10,000; and

�� (c) The person knows is derived from or represents the proceeds of some form, though not necessarily which form, of unlawful activity.

�� (2)(a) Engaging in a financial transaction in property derived from unlawful activity is a Class C felony.

�� (3) As used in this section:

�� (a) �Financial transaction� has the meaning given that term in ORS 164.170. �Financial transaction� does not include any transaction necessary to preserve a person�s right to representation as guaranteed by section 11, Article I of the Oregon Constitution, and the Sixth Amendment to the United States Constitution.

�� (b) �Unlawful activity� has the meaning given that term in ORS 164.170. [1999 c.878 �2]

�� Note: See note under 164.170.

�� 164.174 Exceptions. Nothing in ORS 164.170 or 164.172 or the amendments to ORS 166.715 by section 4, chapter 878, Oregon Laws 1999, is intended to allow the prosecution of a corporation, business, partnership, limited liability company, limited liability partnership or any similar entity, or an employee or agent of such an entity, that makes a good faith effort to comply with federal and state laws governing the entity. [1999 c.878 �3]

�� Note: See note under 164.170.

BURGLARY AND CRIMINAL TRESPASS

�� 164.205 Definitions for ORS 164.205 to 164.270. As used in ORS 164.205 to 164.270, except as the context requires otherwise:

�� (1) �Building,� in addition to its ordinary meaning, includes any booth, vehicle, boat, aircraft or other structure adapted for overnight accommodation of persons or for carrying on business therein. Where a building consists of separate units, including, but not limited to, separate apartments, offices or rented rooms, each unit is, in addition to being a part of such building, a separate building.

�� (2) �Dwelling� means a building which regularly or intermittently is occupied by a person lodging therein at night, whether or not a person is actually present.

�� (3) �Enter or remain unlawfully� means:

�� (a) To enter or remain in or upon premises when the premises, at the time of such entry or remaining, are not open to the public and when the entrant is not otherwise licensed or privileged to do so;

�� (b) To fail to leave premises that are open to the public after being lawfully directed to do so by the person in charge;

�� (c) To enter premises that are open to the public after being lawfully directed not to enter the premises; or

�� (d) To enter or remain in a motor vehicle when the entrant is not authorized to do so.

�� (4) �Open to the public� means premises which by their physical nature, function, custom, usage, notice or lack thereof or other circumstances at the time would cause a reasonable person to believe that no permission to enter or remain is required.

�� (5) �Person in charge� means a person, a representative or employee of the person who has lawful control of premises by ownership, tenancy, official position or other legal relationship. �Person in charge� includes, but is not limited to the person, or holder of a position, designated as the person or position-holder in charge by the Governor, board, commission or governing body of any political subdivision of this state.

�� (6) �Premises� includes any building and any real property, whether privately or publicly owned. [1971 c.743 �135; 1983 c.740 �33; 1999 c.1040 �10; 2003 c.444 �1; 2015 c.10 �1]

�� 164.210 [Repealed by 1971 c.743 �432]

�� 164.215 Burglary in the second degree. (1) Except as otherwise provided in ORS 164.255, a person commits the crime of burglary in the second degree if the person enters or remains unlawfully in a building with intent to commit a crime therein.

�� (2) Burglary in the second degree is a Class C felony. [1971 c.743 �136; 1993 c.680 �24]

�� 164.220 [Repealed by 1971 c.743 �432]

�� 164.225 Burglary in the first degree. (1) A person commits the crime of burglary in the first degree if the person violates ORS 164.215 and the building is a dwelling, or if in effecting entry or while in a building or in immediate flight therefrom the person:

�� (a) Is armed with a burglary tool or theft device as defined in ORS 164.235 or a deadly weapon;

�� (b) Causes or attempts to cause physical injury to any person; or

�� (c) Uses or threatens to use a dangerous weapon.

�� (2) Burglary in the first degree is a Class A felony. [1971 c.743 �137; 2003 c.577 �10]

�� 164.230 [Repealed by 1971 c.743 �432]

�� 164.235 Possession of a burglary tool or theft device. (1) A person commits the crime of possession of a burglary tool or theft device if the person possesses a burglary tool or theft device and the person:

�� (a) Intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking; or

�� (b) Knows that another person intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking.

�� (2) For purposes of this section, �burglary tool or theft device� means an acetylene torch, electric arc, burning bar, thermal lance, oxygen lance or other similar device capable of burning through steel, concrete or other solid material, a signal jammer that can interfere with the function of an alarm system or signals or communications to and from an alarm system or nitroglycerine, dynamite, gunpowder or any other explosive, tool, instrument or other article adapted or designed for committing or facilitating a forcible entry into premises or theft by a physical taking.

�� (3) Possession of a burglary tool or theft device is a Class A misdemeanor. [1971 c.743 �138; 1999 c.1040 �13; 2003 c.577 �9; 2025 c.139 �1]

�� 164.240 [Amended by 1959 c.99 �1; repealed by 1971 c.743 �432]

�� 164.243 Criminal trespass in the second degree by a guest. A guest commits the crime of criminal trespass in the second degree if that guest intentionally remains unlawfully in a transient lodging after the departure date of the guest�s reservation without the approval of the hotelkeeper. �Guest� means a person who is registered at a hotel and is assigned to transient lodging, and includes any individual accompanying the person. [1979 c.856 �2]

�� 164.245 Criminal trespass in the second degree. (1) A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully in a motor vehicle or in or upon premises.

�� (2) Criminal trespass in the second degree is a Class C misdemeanor. [1971 c.743 �139; 1999 c.1040 �9]

�� 164.250 [Repealed by 1971 c.743 �432]

�� 164.255 Criminal trespass in the first degree. (1) A person commits the crime of criminal trespass in the first degree if the person:

�� (a) Enters or remains unlawfully in a dwelling;

�� (b) Having been denied future entry to a building pursuant to a merchant�s notice of trespass, reenters the building during hours when the building is open to the public with the intent to commit theft therein;

�� (c) Enters or remains unlawfully upon railroad yards, tracks, bridges or rights of way; or

�� (d) Enters or remains unlawfully in or upon premises that have been determined to be not fit for use under ORS 453.855 to 453.912.

�� (2) Subsection (1)(d) of this section does not apply to the owner of record of the premises if:

�� (a) The owner notifies the law enforcement agency having jurisdiction over the premises that the owner intends to enter the premises;

�� (b) The owner enters or remains on the premises for the purpose of inspecting or decontaminating the premises or lawfully removing items from the premises; and

�� (c) The owner has not been arrested for, charged with or convicted of a criminal offense that contributed to the determination that the premises are not fit for use.

�� (3) Criminal trespass in the first degree is a Class A misdemeanor. [1971 c.743 �140; 1993 c.680 �23; 1999 c.837 �1; 2001 c.386 �1; 2003 c.527 �1]

�� 164.260 [Repealed by 1971 c.743 �432]

�� 164.265 Criminal trespass while in possession of a firearm. (1) A person commits the crime of criminal trespass while in possession of a firearm who, while in possession of a firearm, enters or remains unlawfully in or upon premises.

�� (2) Criminal trespass while in possession of a firearm is a Class A misdemeanor. [1979 c.603 �2]

�� 164.270 Closure of premises to motor-propelled vehicles. (1) For purposes of ORS 164.245, a landowner or an agent of the landowner may close the privately owned premises of the landowner to motor-propelled vehicles by posting signs on or near the boundaries of the closed premises at the normal points of entry as follows:

�� (a) Signs must be no smaller than eight inches in height and 11 inches in width;

�� (b) Signs must contain the words �Closed to Motor-propelled Vehicles� or words to that effect in letters no less than one inch in height;

�� (c) Signs must display the name, business address and phone number, if any, of the landowner or agent of the landowner; and

�� (d) Signs must be posted at normal points of entry and be no further apart than 350 yards.

�� (2) A person violates ORS 164.245 if the person operates or rides upon or within a motor-propelled vehicle upon privately owned premises when the premises are posted as provided in this section and the person does not have written authorization to operate a motor-propelled vehicle upon the premises.

�� (3) Nothing contained in this section prevents emergency or law enforcement vehicles from entering upon land closed to motor-propelled vehicles. [1981 c.394 �2]

�� 164.272 Unlawful entry into a motor vehicle. (1) A person commits the crime of unlawful entry into a motor vehicle if the person enters a motor vehicle, or any part of a motor vehicle, with the intent to commit a crime.

�� (2) Unlawful entry into a motor vehicle is a Class A misdemeanor.

�� (3) As used in this section, �enters� includes, but is not limited to, inserting:

�� (a) Any part of the body; or

�� (b) Any object connected with the body. [1995 c.782 �1]

�� Note: 164.272 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 164.274 Definitions for ORS 164.276 and 164.278. As used in ORS 164.276 and 164.278:

�� (1) �Coach� means a person who instructs or trains members of a team or directs the strategy of a team participating in a sports event.

�� (2) �Inappropriate behavior� means:

�� (a) Engaging in fighting or in violent, tumultuous or threatening behavior;

�� (b) Violating the rules of conduct governing coaches, team players and spectators at a sports event;

�� (c) Publicly insulting another person by abusive words or gestures in a manner intended to provoke a violent response; or

�� (d) Intentionally subjecting another person to offensive physical contact.

�� (3) �Premises� has the meaning given that term in ORS 164.205.

�� (4) �Spectator� means any person, other than a team player or coach, who attends a sports event.

�� (5) �Sports official� has the meaning given that term in ORS 30.882. [2003 c.629 �1]

�� Note: 164.274 to 164.278 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 164.276 Authority of sports official to expel persons from sports event. A sports official may order a coach, team player or spectator to leave the premises at which a sports event is taking place and at which the sports official is officiating if the coach, team player or spectator is engaging in inappropriate behavior. [2003 c.629 �2]

�� Note: See note under 164.274.

�� 164.278 Criminal trespass at a sports event. (1) A person commits the crime of criminal trespass at a sports event if the person:

�� (a) Is a coach, team player or spectator at a sports event;

�� (b) Engages in inappropriate behavior;

�� (c) Has been ordered by a sports official to leave the premises at which the sports event is taking place; and

�� (d) Fails to leave the premises or returns to the premises during the period of time when reentry has been prohibited.

�� (2) Criminal trespass at a sports event is a Class C misdemeanor. [2003 c.629 �3]

�� Note: See note under 164.274.

ARSON, CRIMINAL MISCHIEF AND RELATED OFFENSES

�� 164.305 Definitions for ORS 164.305 to 164.377. As used in ORS 164.305 to 164.377, except as the context requires otherwise:

�� (1) �Protected property� means any structure, place or thing customarily occupied by people, including �public buildings� as defined by ORS 479.168 and �forestland,� as defined by ORS 477.001.

�� (2) �Property of another� means property in which anyone other than the actor has a legal or equitable interest that the actor has no right to defeat or impair, even though the actor may also have such an interest in the property. [1971 c.743 �141; 1977 c.640 �1; 1989 c.584 �1; 2003 c.543 �1]

�� 164.310 [Amended by 1957 c.653 �1; 1959 c.302 �2; repealed by 1971 c.743 �432]

�� 164.315 Arson in the second degree. (1) A person commits the crime of arson in the second degree if:

�� (a) By starting a fire or causing an explosion, the person intentionally damages:

�� (A) Any building of another that is not protected property; or

�� (B) Any property of another and the damages to the property exceed $750; or

�� (b) By knowingly engaging in the manufacture of methamphetamine, the person causes fire or causes an explosion that damages property described in paragraph (a) of this subsection.

�� (2) Arson in the second degree is a Class C felony. [1971 c.743 �143; 2001 c.432 �1; 2005 c.706 �3]

�� 164.320 [Amended by 1959 c.77 �1; repealed by 1971 c.743 �432]

�� 164.325 Arson in the first degree. (1) A person commits the crime of arson in the first degree if:

�� (a) By starting a fire or causing an explosion, the person intentionally damages:

�� (A) Protected property of another;

�� (B) Any property, whether the property of the person or the property of another person, and such act recklessly places another person in danger of physical injury or protected property of another in danger of damage; or

�� (C) Any property, whether the property of the person or the property of another person, and recklessly causes serious physical injury to a firefighter or peace officer acting in the line of duty relating to the fire; or

�� (b) By knowingly engaging in the manufacture of methamphetamine, the person causes fire or causes an explosion that damages property described in paragraph (a) of this subsection.

�� (2) Arson in the first degree is a Class A felony. [1971 c.743 �144; 1991 c.946 �1; 2005 c.706 �4]

�� 164.330 [Repealed by 1971 c.743 �432]

�� 164.335 Reckless burning. (1) A person commits the crime of reckless burning if the person recklessly damages property of another by fire or explosion.

�� (2) Reckless burning is a Class A misdemeanor. [1971 c.743 �142]

�� 164.338 Arson incident to the manufacture of a controlled substance in the second degree. (1) A person commits the crime of arson incident to the manufacture of a controlled substance in the second degree if, by knowingly engaging in the manufacture of a controlled substance, the person causes a fire or causes an explosion that damages:

�� (a) Any building of another that is not protected property; or

�� (b) Any property of another and the damages to the property exceed $750.

�� (2) Arson incident to the manufacture of a controlled substance in the second degree is a Class C felony.

�� (3) As used in this section and ORS 164.342, �controlled substance� and �manufacture� have the meanings given those terms in ORS 475.005. [2017 c.248 �2]

�� 164.340 [Repealed by 1971 c.743 �432]

�� 164.342 Arson incident to the manufacture of a controlled substance in the first degree. (1) A person commits the crime of arson incident to the manufacture of a controlled substance in the first degree if, by knowingly engaging in the manufacture of a controlled substance, the person causes a fire or causes an explosion that damages:

�� (a) The protected property of another;

�� (b) Any property, whether the property of the person or the property of another person, if the fire or explosion recklessly places another person in danger of physical injury or protected property of another in danger of damage; or

�� (c) Any property, whether the property of the person or the property of another person, if the fire or explosion recklessly causes serious physical injury to a firefighter or peace officer acting in the line of duty relating to the fire or explosion.

�� (2) Arson incident to the manufacture of a controlled substance in the first degree is a Class A felony. [2017 c.248 �3]

�� 164.345 Criminal mischief in the third degree. (1) A person commits the crime of criminal mischief in the third degree if, with intent to cause substantial inconvenience to the owner or to another person, and having no right to do so nor reasonable ground to believe that the person has such right, the person tampers or interferes with property of another.

�� (2) Criminal mischief in the third degree is a Class C misdemeanor. [1971 c.743 �145]

�� 164.350 [Repealed by 1971 c.743 �432]

�� 164.354 Criminal mischief in the second degree. (1) A person commits the crime of criminal mischief in the second degree if:

�� (a) The person violates ORS 164.345, and as a result thereof, damages property in an amount exceeding $500; or

�� (b) Having no right to do so nor reasonable ground to believe that the person has such right, the person intentionally damages property of another, or, the person recklessly damages property of another in an amount exceeding $500.

�� (2) Criminal mischief in the second degree is a Class A misdemeanor. [1971 c.743 �146; 2009 c.16 �5]

�� 164.355 [1967 c.378 ��1,2,3,4; 1969 c.287 �1; repealed by 1971 c.743 �432]

�� 164.360 [Repealed by 1971 c.743 �432]

�� 164.362 [1957 c.714 ��1,6(1); repealed by 1971 c.743 �432]

�� 164.364 [1957 c.714 ��4,5; repealed by 1971 c.743 �432]

�� 164.365 Criminal mischief in the first degree. (1) A person commits the crime of criminal mischief in the first degree who, with intent to damage property, and having no right to do so nor reasonable ground to believe that the person has such right:

�� (a) Damages or destroys property of another:

�� (A) In an amount exceeding $1,000;

�� (B) By means of an explosive;

�� (C) By starting a fire in an institution while the person is committed to and confined in the institution;

�� (D) Which is a livestock animal as defined in ORS 164.055;

�� (E) Which is the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public; or

�� (F) By intentionally interfering with, obstructing or adulterating in any manner the service of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility; or

�� (b) Intentionally uses, manipulates, arranges or rearranges the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public so as to interfere with its efficiency.

�� (2) As used in subsection (1) of this section:

�� (a) �Institution� includes state and local correctional facilities, mental health facilities, juvenile detention facilities and state training schools.

�� (b) �Medical facility� means a health care facility as defined in ORS 442.015, a licensed physician�s office or anywhere a licensed medical practitioner provides health care services.

�� (c) �Public utility� has the meaning provided for that term in ORS 757.005 and includes any cooperative, people�s utility district or other municipal corporation providing an electric, gas, water or other utility service.

�� (d) �Railroad� has the meaning provided for that term in ORS 824.020.

�� (e) �Public transportation facility� means any property, structure or equipment used for or in connection with the transportation of persons for hire by rail, air or bus, including any railroad cars, buses or airplanes used to carry out such transportation.

�� (f) �Telecommunications carrier� has the meaning given that term in ORS 133.721.

�� (3) Criminal mischief in the first degree is a Class C felony. [1971 c.743 �147; 1973 c.133 �6; 1975 c.344 �1; 1979 c.805 �1; 1983 c.740 �33a; 1987 c.447 �104; 1987 c.907 �10; 1989 c.584 �2; 1991 c.837 �13; 1991 c.946 �2; 1993 c.94 �1; 1993 c.332 �3; 1999 c.1040 �11; 1999 c.1093 �2; 2003 c.543 �4; 2009 c.16 �6]

�� 164.366 [1957 c.714 ��2,6(2); repealed by 1971 c.743 �432]

�� 164.367 Determining value of damage; aggregation. For purposes of ORS 164.345, 164.354 and 164.365, the value of damage done during single incidents of criminal mischief may be added together if the incidents of criminal mischief were committed:

�� (1) Against multiple victims in the same course of conduct; or

�� (2) Against the same victim, or two or more persons who are joint owners, within a 30-day period. [1999 c.1040 �12]

�� Note: 164.367 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 164.368 [1957 c.714 �3; repealed by 1971 c.743 �432]

�� 164.369 [1989 c.584 �4; 2003 c.543 �5; renumbered 167.337 in 2003]

�� 164.370 [Repealed by 1971 c.743 �432]

�� 164.373 Tampering with cable television equipment. (1) A person commits the crime of tampering with cable television equipment if the person:

�� (a) Knowingly tampers or otherwise interferes with or connects to by any means, whether mechanical, electrical, acoustical or other means, any cable, wire or other device used for the distribution of cable television service, without authority of the provider of such service; or

�� (b) Knowingly permits another person to tamper or otherwise interfere with, or connect to by any means, whether mechanical, electrical, acoustical or other means, any cable, wire or other device used for the distribution of cable television service, such tampering, interfering or connecting being upon premises under the control of such first person or intended for the benefit of such first person, without authority of the provider of such service.

�� (2) Tampering with cable television equipment is a Class B misdemeanor. [1985 c.537 �5]

�� 164.377 Computer crime. (1) As used in this section:

�� (a) To �access� means to instruct, communicate with, store data in, retrieve data from or otherwise make use of any resources of a computer, computer system or computer network.

�� (b) �Computer� means, but is not limited to, an electronic, magnetic, optical electrochemical or other high-speed data processing device that performs logical, arithmetic or memory functions by the manipulations of electronic, magnetic or optical signals or impulses, and includes the components of a computer and all input, output, processing, storage, software or communication facilities that are connected or related to such a device in a system or network.

�� (c) �Computer network� means, but is not limited to, the interconnection of communication lines, including microwave or other means of electronic communication, with a computer through remote terminals or a complex consisting of two or more interconnected computers.

�� (d) �Computer program� means, but is not limited to, a series of instructions or statements, in a form acceptable to a computer, which permits the functioning of a computer system in a manner designed to provide appropriate products from or usage of such computer system.

�� (e) �Computer software� means, but is not limited to, computer programs, procedures and associated documentation concerned with the operation of a computer system.

�� (f) �Computer system� means, but is not limited to, a set of related, connected or unconnected, computer equipment, devices and software. �Computer system� also includes any computer, device or software owned or operated by the Oregon State Lottery or rented, owned or operated by another person or entity under contract to or at the direction of the Oregon State Lottery.

�� (g) �Data� means a representation of information, knowledge, facts, concepts, computer software, computer programs or instructions. �Data� may be in any form, in storage media, or as stored in the memory of the computer, or in transit, or presented on a display device. �Data� includes, but is not limited to, computer or human readable forms of numbers, text, stored voice, graphics and images.

�� (h) �Intimate image� means a photograph, film, video, recording, digital picture or other visual reproduction of a person whose intimate parts are visible or who is engaged in sexual conduct.

�� (i) �Intimate parts� means uncovered human genitals, pubic areas or female nipples.

�� (j) �Property� includes, but is not limited to, financial instruments, information, including electronically produced data, and computer software and programs in either computer or human readable form, intellectual property and any other tangible or intangible item of value.

�� (k) �Proprietary information� includes any scientific, technical or commercial information including any design, process, procedure, list of customers, list of suppliers, customers� records or business code or improvement thereof that is known only to limited individuals within an organization and is used in a business that the organization conducts. The information must have actual or potential commercial value and give the user of the information an opportunity to obtain a business advantage over competitors who do not know or use the information.

�� (L) �Services� includes, but is not limited to, computer time, data processing and storage functions.

�� (m) �Sexual conduct� means sexual intercourse or oral or anal sexual intercourse, as those terms are defined in ORS 163.305, or masturbation.

�� (2) Any person commits computer crime who knowingly accesses, attempts to access or uses, or attempts to use, any computer, computer system, computer network or any part thereof for the purpose of:

�� (a) Devising or executing any scheme or artifice to defraud;

�� (b) Obtaining money, property or services by means of false or fraudulent pretenses, representations or promises; or

�� (c) Committing theft, including, but not limited to, theft of proprietary information or theft of an intimate image.

�� (3) Any person who knowingly and without authorization alters, damages or destroys any computer, computer system, computer network, or any computer software, program, documentation or data contained in such computer, computer system or computer network, commits computer crime.

�� (4) Any person who knowingly and without authorization uses, accesses or attempts to access any computer, computer system, computer network, or any computer software, program, documentation or data contained in such computer, computer system or computer network, commits computer crime.

�� (5)(a) A violation of the provisions of subsection (2) or (3) of this section shall be a Class C felony. Except as provided in paragraph (b) of this subsection, a violation of the provisions of subsection (4) of this section shall be a Class A misdemeanor.

�� (b) Any violation of this section relating to a computer, computer network, computer program, computer software, computer system or data owned or operated by the Oregon State Lottery or rented, owned or operated by another person or entity under contract to or at the direction of the Oregon State Lottery Commission shall be a Class C felony. [1985 c.537 �8; 1989 c.737 �1; 1991 c.962 �17; 2001 c.870 �18; 2015 c.350 �1; 2017 c.318 �13]

�� 164.380 [Repealed by 1971 c.743 �432]

GRAFFITI-RELATED OFFENSES

�� 164.381 Definitions. As used in ORS 137.131, 164.381 to 164.386 and 419C.461:

�� (1) �Graffiti� means any inscriptions, words, figures or designs that are marked, etched, scratched, drawn, painted, pasted or otherwise affixed to the surface of property.

�� (2) �Graffiti implement� means paint, ink, chalk, dye or other substance or any instrument or article designed or adapted for spraying, marking, etching, scratching or carving surfaces. [1995 c.615 �1]

�� Note: 164.381 to 164.388 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 164.383 Unlawfully applying graffiti. (1) A person commits the offense of unlawfully applying graffiti if the person, having no right to do so nor reasonable ground to believe that the person has such right, intentionally damages property of another by applying graffiti to the property.

�� (2) Unlawfully applying graffiti is a Class A violation. Upon a conviction for unlawfully applying graffiti, a court, in addition to any fine it imposes and pursuant to ORS 137.128 but notwithstanding ORS 137.129, may order the defendant to perform up to 100 hours of community service. The community service must include removing graffiti, either those that the defendant created or those created by another, or both.

�� (3) If the court orders community service, the community service must be completed within six months after entry of the order unless the person shows good cause why community service cannot be completed within the six-month time period. [1995 c.615 �2; 1999 c.1051 �156]

�� Note: See note under 164.381.

�� 164.385 [1967 c.243 �1; repealed by 1971 c.743 �432]

�� 164.386 Unlawfully possessing a graffiti implement. (1) A person commits the offense of unlawfully possessing a graffiti implement if the person possesses a graffiti implement with the intent of using the graffiti implement in violation of ORS 164.383.

�� (2) Unlawfully possessing a graffiti implement is a Class C violation. Upon a conviction for unlawfully possessing a graffiti implement, a court, in addition to any fine it imposes and pursuant to ORS 137.128 but notwithstanding ORS 137.129, may order the defendant to perform up to 50 hours of community service. The community service must include removing graffiti, either those that the defendant created or those created by another, or both.

�� Note: See note under 164.381.

�� 164.388 Preemption. The provisions of ORS 137.131, 164.381 to 164.386 and 419C.461 are not intended to preempt any local regulation of graffiti or graffiti-related activities or any prosecution under ORS 164.345, 164.354 or 164.365. [1995 c.615 �7; 1999 c.1040 �6]

�� Note: See note under 164.381.

�� 164.390 [1959 c.626 ��1,4; repealed by 1971 c.743 �432]

�� 164.392 [1959 c.626 ��2,3; repealed by 1971 c.743 �432]

ROBBERY

�� 164.395 Robbery in the third degree. (1) A person commits the crime of robbery in the third degree if in the course of committing or attempting to commit theft or unauthorized use of a vehicle as defined in ORS 164.135 the person uses or threatens the immediate use of physical force upon another person with the intent of:

�� (a) Preventing or overcoming resistance to the taking of the property or to retention thereof immediately after the taking; or

�� (b) Compelling the owner of such property or another person to deliver the property or to engage in other conduct which might aid in the commission of the theft or unauthorized use of a vehicle.

�� (2) Robbery in the third degree is a Class C felony. [1971 c.743 �148; 2003 c.357 �1]

�� 164.405 Robbery in the second degree. (1) A person commits the crime of robbery in the second degree if the person violates ORS 164.395 and the person:

�� (a) Represents by word or conduct that the person is armed with what purports to be a dangerous or deadly weapon; or

�� (b) Is aided by another person actually present.

�� (2) Robbery in the second degree is a Class B felony. [1971 c.743 �149]

�� 164.410 [Repealed by 1971 c.743 �432]

�� 164.415 Robbery in the first degree. (1) A person commits the crime of robbery in the first degree if the person violates ORS 164.395 and the person:

�� (a) Is armed with a deadly weapon;

�� (b) Uses or attempts to use a dangerous weapon; or

�� (c) Causes or attempts to cause serious physical injury to any person.

�� (2) Robbery in the first degree is a Class A felony. [1971 c.743 �150; 2007 c.71 �51]

�� 164.420 [Repealed by 1971 c.743 �432]

�� 164.430 [Repealed by 1971 c.743 �432]

�� 164.440 [Amended by 1969 c.511 �1; repealed by 1971 c.404 �8 and by 1971 c.743 �432]

�� 164.450 [Repealed by 1971 c.743 �432]

�� 164.452 [1965 c.100 �300; repealed by 1971 c.743 �432]

�� 164.455 [1953 c.535 �1; 1959 c.687 �2; 1965 c.453 �1; repealed by 1971 c.743 �432]

�� 164.460 [Amended by 1957 c.470 �1; 1959 c.530 �2; 1969 c.501 �3; repealed by 1971 c.743 �432]

�� 164.462 [1963 c.552 ��1,2; 1965 c.450 �1; repealed by 1971 c.743 �432]

�� 164.465 [1953 c.430 �1; 1959 c.687 �3; repealed by 1971 c.743 �432]

�� 164.470 [Amended by 1969 c.594 �1; repealed by 1971 c.743 �432]

�� 164.480 [Repealed by 1971 c.743 �432]

�� 164.485 [1969 c.652 �1; repealed by 1971 c.743 �432]

�� 164.490 [1969 c.652 �2; repealed by 1971 c.743 �432]

�� 164.500 [1969 c.652 ��3,4,6; repealed by 1971 c.743 �432]

�� 164.505 [1969 c.652 �5; repealed by 1971 c.743 �432]

�� 164.510 [Repealed by 1971 c.743 �432]

�� 164.520 [Repealed by 1971 c.743 �432]

�� 164.530 [Repealed by 1971 c.743 �432]

�� 164.540 [Repealed by 1971 c.743 �432]

�� 164.550 [Repealed by 1971 c.743 �432]

�� 164.555 [1963 c.552 �3; repealed by 1971 c.743 �432]

�� 164.560 [Repealed by 1971 c.743 �432]

�� 164.570 [Repealed by 1971 c.743 �432]

�� 164.580 [Amended by 1959 c.580 �103; repealed by 1971 c.743 �432]

�� 164.590 [Repealed by 1971 c.743 �432]

�� 164.610 [Repealed by 1971 c.743 �432]

�� 164.620 [Repealed by 1971 c.743 �432]

�� 164.630 [Repealed by 1971 c.743 �432]

�� 164.635 [1961 c.310 �2; 1967 c.332 �1; repealed by 1971 c.743 �432]

�� 164.640 [Repealed by 1971 c.743 �432]

�� 164.650 [Repealed by 1971 c.743 �432]

�� 164.660 [Amended by 1967 c.390 �1; repealed by 1971 c.743 �432]

�� 164.670 [Amended by 1965 c.552 �1; repealed by 1971 c.743 �432]

�� 164.680 [Repealed by 1971 c.743 �432]

�� 164.690 [Repealed by 1971 c.743 �432]

�� 164.700 [1965 c.594 �1; repealed by 1971 c.743 �432]

�� 164.710 [Amended by 1969 c.517 �1; repealed by 1971 c.743 �432]

�� 164.720 [Repealed by 1971 c.743 �432]

�� 164.730 [Amended by 1967 c.351 �1; repealed by 1971 c.743 �432]

�� 164.740 [Repealed by 1971 c.743 �432]

�� 164.750 [1969 c.584 �1; repealed by 1971 c.743 �432]

�� 164.760 [1969 c.584 ��2,3; repealed by 1971 c.743 �432]

�� 164.770 [1969 c.584 �4; repealed by 1971 c.743 �432]

LITTERING

�� 164.775 Deposit of trash within 100 yards of waters or in waters; license suspensions; civil penalties; credit for work in lieu of fine. (1) It is unlawful for any person to discard any glass, cans or other trash, rubbish, debris or litter on land within 100 yards of any of the waters of the state, as defined in ORS 468B.005, other than in receptacles provided for the purpose of holding such trash, rubbish, debris or litter.

�� (2) It is unlawful for any person to discard any glass, cans or other similar refuse in any waters of the state, as defined in ORS 468B.005.

�� (3) In addition to or in lieu of the penalties provided for violation of any provision of this section, the court in which any individual is convicted of a violation of this section may order suspension of certain permits or licenses for a period not to exceed 90 days if the court finds that the violation occurred during or in connection with the exercise of the privilege granted by the permit or license. The permits and licenses to which this section applies are hunting licenses, fishing licenses or boat registrations.

�� (4)(a) Any person sentenced under subsection (6) of this section to pay a fine for violation of this section shall be permitted, in default of the payment of the fine, to work at clearing rubbish, trash and debris from the lands and waters described by subsections (1) and (2) of this section. Credit in compensation for such work shall be allowed at the rate of $25 for each day of work.

�� (b) In any case, upon conviction, if punishment by imprisonment is imposed upon the defendant, the form of the sentence shall include that the defendant shall be punished by confinement at labor clearing rubbish, trash and debris from the lands and waters described by subsections (1) and (2) of this section, for not less than one day nor more than five days.

�� (5) A citation conforming to the requirements of ORS 133.066 shall be used for all violations of subsection (1) or (2) of this section in the state.

�� (6) Violation of this section is a Class B misdemeanor.

�� (7) In addition to and not in lieu of the criminal penalty authorized by subsection (6) of this section, the civil penalty authorized by ORS 468.140 may be imposed for violation of this section.

�� (8) Nothing in this section or ORS 164.785 prohibits the operation of a disposal site, as defined in ORS 459.005, for which a permit is required by the Department of Environmental Quality, for which such a permit has been issued and which is being operated and maintained in accordance with the terms and conditions of such permit. [Formerly 449.107; 1999 c.1051 �132; 2018 c.76 �18]

�� 164.780 [1969 c.584 �5; repealed by 1971 c.743 �432]

�� 164.785 Placing offensive substances in waters, on highways or other property. (1)(a) It is unlawful for any person, including a person in the possession or control of any land, to discard any dead animal carcass or part thereof, excrement, putrid, nauseous, noisome, decaying, deleterious or offensive substance into or in any other manner befoul, pollute or impair the quality of any spring, river, brook, creek, branch, well, irrigation drainage ditch, irrigation ditch, cistern or pond of water.

�� (b)(A) In a prosecution under this subsection, it is a defense that:

�� (i) The dead animal carcass that is discarded is a fish carcass;

�� (ii) The person returned the fish carcass to the water from which the person caught the fish; and

�� (iii) The person retained proof of compliance with any provisions regarding angling prescribed by the State Fish and Wildlife Commission pursuant to ORS 496.162.

�� (B) As used in this paragraph, �fish carcass� means entrails, gills, head, skin, fins and backbone.

�� (2) It is unlawful for any person to place or cause to be placed any polluting substance listed in subsection (1) of this section into any road, street, alley, lane, railroad right of way, lot, field, meadow or common. It is unlawful for an owner thereof to knowingly permit any polluting substances to remain in any of the places described in this subsection to the injury of the health or to the annoyance of any citizen of this state. Every 24 hours after conviction for violation of this subsection during which the violator permits the polluting substances to remain is an additional offense against this subsection.

�� (3) Nothing in this section shall apply to the storage or spreading of manure or like substance for agricultural, silvicultural or horticultural purposes, except that no sewage sludge, septic tank or cesspool pumpings shall be used for these purposes unless treated and applied in a manner approved by the Department of Environmental Quality.

�� (4) Violation of this section is a Class A misdemeanor.

�� (5) The Department of Environmental Quality may impose the civil penalty authorized by ORS 468.140 for violation of this section. [Formerly 449.105; 1983 c.257 �1; 1987 c.325 �1; 2013 c.132 �1]

�� 164.805 Offensive littering. (1) A person commits the crime of offensive littering if the person creates an objectionable stench or degrades the beauty or appearance of property or detracts from the natural cleanliness or safety of property by intentionally:

�� (a) Discarding or depositing any rubbish, trash, garbage, debris or other refuse upon the land of another without permission of the owner, or upon any public way or in or upon any public transportation facility;

�� (b) Draining, or causing or permitting to be drained, sewage or the drainage from a cesspool, septic tank, recreational or camping vehicle waste holding tank or other contaminated source, upon the land of another without permission of the owner, or upon any public way; or

�� (c) Permitting any rubbish, trash, garbage, debris or other refuse to be thrown from a vehicle that the person is operating. This subsection does not apply to a person operating a vehicle transporting passengers for hire subject to regulation by the Department of Transportation or a person operating a school bus described under ORS 801.460.

�� (2) As used in this section:

�� (a) �Public transportation facility� has the meaning given that term in ORS 164.365.

�� (b) �Public way� includes, but is not limited to, roads, streets, alleys, lanes, trails, beaches, parks and all recreational facilities operated by the state, a county or a local municipality for use by the general public.

�� (3) Offensive littering is a Class C misdemeanor. [1971 c.743 �283; 1975 c.344 �2; 1983 c.338 �897; 1985 c.420 �20; 2007 c.71 �52; 2015 c.138 �2]

�� 164.810 [Repealed by 1971 c.743 �432]

UNLAWFUL TRANSPORT

�� 164.813 Unlawful cutting and transport of special forest products. (1) As used in this section:

�� (a) �Harvest� means to separate by cutting, digging, prying, picking, peeling, breaking, pulling, splitting or otherwise removing a special forest product from:

�� (A) Its physical connection or point of contact with the ground or vegetation upon which it was growing; or

�� (B) The place or position where it lay.

�� (b) �Special forest products� means:

�� (A) Plants, plant parts, fruit, fungi, parts of fungi, rocks or minerals that are identified in State Board of Forestry rules as special forest products;

�� (B) Firewood;

�� (C) Trees or parts of trees of a species identified in board rules as a forest tree species not normally used in commercial fores

ORS 169.856

169.856�� Oregon Jail-Based Medications for Opioid Use Disorder Fund

DEFINITIONS

�� 169.005 Definitions for ORS 169.005 to 169.685 and 169.730 to 169.800. As used in ORS 169.005 to 169.685 and 169.730 to 169.800, unless the context requires otherwise:

�� (1) �Detainee� means a person held with no criminal charges.

�� (2) �Forced release� means temporary freedom of an adult in custody from lawful custody before judgment of conviction due to a county jail population emergency under ORS 169.046.

�� (3) �Juvenile detention facility� means a facility as described in ORS 419A.050 and 419A.052.

�� (4) �Local correctional facility� means a jail or prison for the reception and confinement of prisoners that is provided, maintained and operated by a county or city and holds persons for more than 36 hours.

�� (5) �Lockup� means a facility for the temporary detention of arrested persons held up to 36 hours, excluding holidays, Saturdays and Sundays, but the period in lockup shall not exceed 96 hours after booking.

�� (6) �Month� means a period of 30 days.

�� (7) �Prisoner� means a person held with criminal charges or sentenced to the facility.

�� (8) �Temporary hold� means a facility, the principal purpose of which is the temporary detention of a prisoner for four or less hours while awaiting court appearance or transportation to a local correctional facility. [1973 c.740 �1; 1979 c.487 �1; 1985 c.499 �4; 1993 c.33 �309; 2001 c.517 �1; 2019 c.213 �43]

�� 169.010 [Amended by 1963 c.236 �1; 1973 c.740 �8; repealed by 1983 c.327 �16]

�� 169.020 [Amended by 1973 c.740 �9; repealed by 1983 c.327 �16]

LOCAL CORRECTIONAL FACILITIES

�� 169.030 Construction, maintenance and use of local correctional facilities by county and city; renting suitable structure; provision of facilities by another county or city. (1) Every county and city in this state shall provide, keep and maintain within or without the county or city, as the case may be, a local correctional facility for the reception and confinement of prisoners committed thereto. The local correctional facility shall be constructed of fireproof materials and should have fire exits in sufficient number and suitably located for the removal of prisoners.

�� (2) Any county, or incorporated city may rent or lease any structure answering the requirements of subsection (1) of this section, either in connection with or separately from any other county or city building.

�� (3) Any county and any incorporated city may, by agreement, provide, maintain, and use for their separate requirements, such a local correctional facility as is required by this section.

�� (4) Any county or incorporated city may, by agreement with any other county or incorporated city, provide for one such county or city to furnish local correctional facility accommodations for the imprisonment of prisoners of the other such county or city. Pursuant to such agreement, an Oregon county or city may secure the use of jail accommodations outside the state, but only in a county that adjoins the Oregon county or the county in which the Oregon city is located.

�� (5) The jail accommodations provided by or furnished to a county under this section shall be considered to be jail accommodations of the county for purposes of ORS 135.215,

ORS 171.075

171.075; 2016 c.90 �1]

�� 171.510 Legislative process to compel attendance and production of papers; service. (1) The President of the Senate, the Speaker of the House of Representatives, or the chairperson or vice chairperson of any of the legislative committees referred to in ORS 171.505 upon a majority vote of any such committee, may issue any processes necessary to compel the attendance of witnesses and the production of any books, papers, records or documents as may be required.

�� (2) Process may be served by a sergeant at arms of either house when the Legislative Assembly is in session or by a person authorized to serve summons and in the manner prescribed for the service of a summons upon a defendant in a civil action in a circuit court. The process shall be returned to the authority issuing it within 10 days after its delivery to the person for service, with proof of service as for summons or that the person cannot be found. When served outside of the county in which the process originated, the process may be returned by mail. The person to whom the process is delivered shall indorse thereon the date of delivery. [Formerly 171.076; 1973 c.827 �21; 1977 c.877 �16; 1979 c.284 �117]

�� 171.515 Reimbursement of witnesses appearing under legislative process. (1) Witnesses appearing under process issued pursuant to ORS 171.510:

�� (a) Before the Senate or House of Representatives, or a standing, special or statutory committee of either or both, or a subcommittee thereof, except as provided in paragraph (b) of this subsection, shall be reimbursed from funds appropriated for the expenses of that session of the Legislative Assembly during which the witnesses appear.

�� (b) Before the Legislative Counsel Committee, the Emergency Board, the Joint Committee on Ways and Means or an interim committee, or a subcommittee thereof, shall be reimbursed from funds appropriated for the expenses of the committee or subcommittee before which the witnesses appear.

�� (2) The amount of reimbursement payable to a witness under subsection (1) of this section shall not exceed the fees and mileage provided for witnesses in ORS 44.415 (2). All claims for reimbursement are subject to the approval of the Legislative Fiscal Officer. [1961 c.167 �11; 1981 c.892 �91a; 1989 c.980 �9]

�� 171.520 Reporting violations of ORS 171.510. (1) Whenever a person summoned as provided in ORS 171.510 fails to appear to testify or fails to produce any books, papers, records or documents as required, or whenever any person so summoned refuses to answer any question pertinent to the subject under inquiry before either house or any of the committees referred to in ORS 171.505, the fact of such failure may be reported to either house while in session.

�� (2) If the Legislative Assembly is not in session, a statement of facts constituting such failure may be filed with the President of the Senate or the Speaker of the House of Representatives. The President of the Senate or the Speaker of the House of Representatives, as the case may be, shall certify the statement of facts to the district attorney for the county in which the offense occurred, who shall take appropriate action. [Formerly 171.077]

�� 171.522 Judicial enforcement of legislative process; order; service. (1) Whenever a person summoned as provided in ORS 171.510 fails to appear to testify or fails to produce any books, papers, records or documents as required, or whenever any person so summoned refuses to answer any question pertinent to the subject under inquiry before either house, any statutory committee, any standing committee of either house, or any special or interim committee created by both houses, the house or committee, in lieu of proceeding under ORS 171.520, may apply to the circuit court for the county in which the failure occurred for an order to the person to attend and testify, or otherwise to comply with the demand or request of the house or committee.

�� (2) The application to the court shall be by ex parte motion upon which the court shall make an order requiring the person against whom it is directed to comply with the demand or request of the house or committee within three days after service of the order, or within such further time as the court may grant, or to justify the failure within that time.

�� (3) The order shall be served upon the person to whom it is directed in the manner required by this state for service of process, which service is required to confer jurisdiction upon the court. Failure to obey an order issued by the court under this section is contempt of court.

�� (4) This section does not affect the exercise of the powers of either house under section 16, Article IV, Oregon Constitution. [1965 c.294 �1]

�� 171.525 Immunities of witness before legislative committee. Any testimony given by a witness before any legislative committee shall not be used against the witness in any criminal action or proceeding, nor shall any criminal action or proceeding be brought against such witness on account of any testimony so given by the witness, except for perjury committed before such committee. [Formerly 171.078]

�� 171.530 Privilege of witness before legislative committee. (1) The privilege of a witness who appears voluntarily or under subpoena before a committee of the Legislative Assembly in a matter within the jurisdiction of the committee is the same as that of a witness in judicial proceedings. A statement made by the witness before a legislative committee which is pertinent to the matter before the legislative committee is privileged and the witness shall not be subject to an action for civil damages as a result thereof unless the witness knowingly makes a false and immaterial statement for the purpose of defaming another.

�� (2) As used in this section, �legislative committee� means a statutory, standing, special or interim committee of either or both houses, including a legislative task force, established by rule of either or both houses, by resolution or by law and whether or not all members of the legislative committee are also members of the Legislative Assembly. [1987 c.797 �1]

�� 171.535 [1983 c.796 �5; repealed by 2007 c.354 �1]

�� 171.540 [1983 c.796 �6; 1989 c.180 �1; repealed by 2007 c.354 �1]

�� 171.545 [1983 c.796 �7; repealed by 2007 c.354 �1]

�� 171.550 [1983 c.796 �8; repealed by 2007 c.354 �1]

�� 171.551 [1997 c.7 �2; 1999 c.270 �1; repealed by 2007 c.354 �1]

�� 171.553 [1997 c.7 �3; 1999 c.270 �2; 1999 c.1026 �24; 2005 c.22 �118; repealed by 2007 c.354 �1]

WAYS AND MEANS COMMITTEE

�� 171.555 Joint Committee on Ways and Means. (1) Upon election, the President of the Senate and the Speaker of the House of Representatives shall appoint a Joint Committee on Ways and Means. At least two of the members appointed from each house shall have had previous experience on the Joint Committee on Ways and Means. If the Speaker of the House of Representatives or the President of the Senate is a member, either may designate from time to time an alternate from among the members of the respective house to exercise powers as a member of the committee except that the alternate shall not preside if the Speaker or President is chair. The President of the Senate shall appoint one cochair for the joint committee and the Speaker of the House of Representatives shall appoint one cochair for the joint committee. The cochairs of the joint committee shall alternate as presiding officers.

�� (2) The cochairs of the Joint Committee on Ways and Means are authorized to cause to be investigated, either through the whole of the committee or by a selected subcommittee, any complaints about the management or conduct of any of the state institutions, departments, officers or activities for the support of which state money has been appropriated, or for which appropriations may hereafter be made.

�� (3) The Joint Committee on Ways and Means may not transact business unless a quorum is present. A quorum consists of a majority of committee members from the House of Representatives and a majority of committee members from the Senate.

�� (4) Action by the Joint Committee on Ways and Means requires the affirmative vote of a majority of committee members from the House of Representatives and a majority of committee members from the Senate. [Formerly 171.080; 1977 c.891 �1; 1981 c.2 �1; 2007 c.790 �1]

STATE BUDGET POLICY

�� 171.557 State budget policy. (1) The Legislative Assembly finds that there is a need for a comprehensive, specific budget format available to all members of the Legislative Assembly so that:

�� (a) Effective policy decisions can be made;

�� (b) Line items in agency budgets can be identified by program function;

�� (c) Decisions to increase or decrease agency budgets can be made with knowledge as to policy and programmatic impact; and

�� (d) A more objective comparison can be made to the Governor�s budget.

�� (2) The Legislative Assembly also finds that the goal of the legislative budgeting process is to afford members a thorough understanding of:

�� (a) The policies of state government regarding the definition and delivery of state services;

�� (b) What program functions are necessary to state operations and the cost of these functions; and

�� (c) The means whereby these policies and programs are administered.

�� (3) The goal of the Legislative Assembly is to decide, as a body, which policies and programs are necessary to discharge its public responsibilities. Consequently, the Legislative Assembly finds that there is a need to examine the legislative budgeting process so that:

�� (a) Policy decisions are made by the Legislative Assembly as a whole;

�� (b) Program functions are more closely identified with line items in agency budgets;

�� (c) Funding options and priorities are defined in terms of policies; and

�� (d) Legislative budgeting identifies programs which are necessary in terms of policies and state responsibilities, as opposed to the need to maintain existing program activities. [1989 c.652 �1; 2016 c.117 �37; subsection (4) renumbered 171.558 in 2019]

�� 171.558 Furnishing budget information to Oregon Department of Administrative Services; confidentiality; exception. The Legislative Fiscal Officer may provide information related to the preparation and adoption of the legislatively adopted budget, or to measures considered by the Joint Committee on Ways and Means during any session of the Legislative Assembly, to the Oregon Department of Administrative Services. Staff of the Oregon Department of Administrative Services may not reveal to any other person the contents or nature of the information provided under this section, except with the written consent of the Legislative Fiscal Officer. [Formerly subsection (4) of 171.557]

�� 171.559 [1989 c.652 �2; 2009 c.11 �14; repealed by 2016 c.117 �75]

�� 171.560 [1961 c.167 �39 (enacted in lieu of 351.030); 1969 c.695 �2; 1971 c.638 �16; 1977 c.891 �2; 1979 c.351 �1; repealed by 1979 c.351 �5; 171.562 enacted in lieu of 171.560]

SENATE CONFIRMATION OF EXECUTIVE APPOINTMENTS

�� 171.562 Procedures for confirmation. The Senate by rule adopted during a session or at a convening of the Senate to carry out its duties under section 4, Article III of the Oregon Constitution, shall specify its procedures for the confirming of appointments by the Governor that are by law subject to confirmation by the Senate. [1981 c.4 �1; enacted in lieu of 171.560]

�� 171.565 Vote required for confirmation; interim Senate meetings. (1) In case of any executive appointment made subject to confirmation of the Senate, the affirmative vote of a majority of the members of the Senate shall be necessary for confirmation. If an appointment is not confirmed by the Senate, the Governor shall make another appointment, subject to confirmation by the Senate.

�� (2) The name of the individual to be appointed or reappointed shall be submitted to the Senate by the Governor. The Senate shall take up the question of confirmation as soon after the convening of a regular or special session as is appropriate or upon a convening of the Senate to carry out its duties under section 4, Article III of the Oregon Constitution. The question of confirmation may be referred to committee or it may be acted upon without such referral.

�� (3) Members of the Senate convened to carry out duties of the Senate under section 4, Article III of the Oregon Constitution, shall be considered in attendance at a meeting of an interim committee during the period of convening for purposes of ORS

ORS 18.180

18.180 to 18.190 may be filed only in the court in which the judgment was originally entered.

�� (6) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 �30; 2017 c.252 �11]

�� 18.260 [Amended by 1971 c.224 �1; repealed by 1979 c.284 �199]

(Proceedings in Support of Execution)

�� 18.265 Debtor examination. (1) At any time after a judgment is entered, a judgment creditor may upon motion obtain an order requiring the judgment debtor to appear before the court or a referee appointed by the court at the time and place specified in the order, and requiring the judgment debtor to answer under oath questions concerning any property or interest in property that the judgment debtor may have or claim. The motion must be supported by one of the following:

�� (a) Proof of service of a notice of demand to pay the judgment within 10 days. The notice of demand must be served in the same manner as a summons or by any form of mail addressed to the judgment debtor and requesting a receipt. Service by mail under this paragraph is effective on the date of mailing.

�� (b) A return of a writ of execution showing that the judgment has not been satisfied.

�� (c) A garnishee response to a writ of garnishment that does not fully satisfy the judgment.

�� (2) Only the following courts may issue an order under this section:

�� (a) The court in which the original judgment was entered.

�� (b) Any circuit court for the county in which the judgment debtor resides and in which the judgment has been recorded under ORS 18.152.

�� (c) Any circuit court for the county in which the principal place of employment of the judgment debtor is located and in which the judgment has been recorded under ORS 18.152.

�� (3) If a motion under this section is filed in the court specified by subsection (2)(b) or (c) of this section, a certified copy of the judgment or a certified copy of the recording made in the County Clerk Lien Record of the county must be filed with the motion unless a transcript of the judgment has been filed with the court under ORS 18.255.

�� (4) Except as provided in this section, a judgment debtor may not be required to attend in a county other than the county in which the judgment debtor resides or may be found at the time of service of the order requiring the appearance, unless the place where the judgment debtor is to appear is not more than 100 miles from the residence of the judgment debtor.

�� (5) If the judgment debtor resides more than 100 miles from the place of examination, the judgment debtor shall be required to appear and shall be paid mileage at the time of the hearing as provided for witnesses in ORS 44.415.

�� (6) Upon motion and good cause shown, the court may order that proceedings under this section be conducted at a time or place other than the time or place specified in the original order.

�� (7) The court may at any time enter an order restraining the judgment debtor from selling, transferring or in any manner disposing of any property of the judgment debtor that is subject to execution pending an examination under this section. [2003 c.576 �31]

�� 18.268 Conduct of debtor examination; seizure of property. (1) A judgment debtor may be examined on oath concerning the judgment debtor�s property in a debtor�s examination. Upon request by the judgment creditor, the proceedings shall be reduced to writing and filed with the court administrator. The judgment creditor and judgment debtor may subpoena and examine witnesses.

�� (2) If it appears that the judgment debtor has any property that may be applied against the judgment, the court may order that the property be seized for application against the judgment. [2003 c.576 �32]

�� 18.270 Written interrogatories. (1) At any time after a judgment is entered, a judgment creditor may serve written interrogatories relating to the judgment debtor�s property and financial affairs on a judgment debtor. The interrogatories may be personally served in the manner provided for summons or may be served by any form of mail addressed to the judgment debtor and requesting a receipt. Service by mail under this subsection is effective on the date of mailing. The interrogatories shall notify the judgment debtor that the judgment debtor�s failure to answer the interrogatories truthfully shall subject the judgment debtor to the penalties for false swearing as provided in ORS 162.075 and for contempt of court as provided in ORS 33.015 to 33.155.

�� (2) Within 20 days after receipt of the interrogatories, the judgment debtor must answer all questions under oath and return the original interrogatories to the judgment creditor.

�� (3) Failure of the judgment debtor to comply with the provisions of this section is contempt of court, and the judgment creditor may commence proceedings under the provisions of ORS 33.015 to 33.155. [2003 c.576 �33; 2005 c.22 �7]

EXEMPT PROPERTY

(Generally)

�� 18.300 Resident entitled to use federal exemptions or state exemptions in bankruptcy. (1) For purposes of a bankruptcy petition, a resident of this state may use the federal exemptions provided in section 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. 522(d)) or the exemptions given to residents of this state under state law, but may not use both.

�� (2)(a) If a resident of this state uses any of the federal exemptions provided in section 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. 522(d)) for purposes of a bankruptcy petition, the resident may not use any of the exemptions given to residents of this state under state law.

�� (b) If a resident of this state uses any of the exemptions given to residents of this state under state law for purposes of a bankruptcy petition, the resident may not use any of the federal exemptions provided in section 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. 522(d)).

�� (3) This section does not apply to executions. [Formerly 23.305; 2013 c.597 �4]

�� 18.305 Property not exempt from execution for purchase price. No article of property, or if the same has been sold or exchanged, then neither the proceeds of such sale nor the articles received in exchange therefor, shall be exempt from execution issued on a judgment recovered for its price. [Formerly 23.220]

�� 18.310 [Amended by 1967 c.471 �1; repealed by 1979 c.284

�199]

�� 18.312 Execution not to issue against property of deceased party; exception. (1) Except as provided in subsection (2) of this section, execution may not be issued against the property of a deceased party. Except as provided in subsection (2) of this section, a judgment against a deceased party may be collected only by making a claim against the estate of the deceased party in the manner prescribed by ORS chapter 115 or ORS 114.505 to 114.560.

�� (2) This section does not prevent the issuance of execution and sale of property pursuant to a judgment of foreclosure and sale of property of the decedent. If the amount realized from the sale of property is not sufficient to satisfy the judgment and collection of the deficiency is otherwise allowed by law, the amount of the deficiency may be collected by making a claim against the estate in the manner prescribed by ORS chapter 115 or ORS 114.505 to 114.560.

�� (3) The stay imposed by subsection (1) of this section:

�� (a) Expires when the property ceases to be property of the estate, including but not limited to upon conveyance of the property by the personal representative to a third party or upon distribution by the personal representative; and

�� (b) Does not diminish the lien effect of a judgment or bar execution based on a lien when execution commences after the property ceases to be property of the estate. [Formerly

ORS 18.228

18.228.

�� (7) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 �25; 2007 c.339 �8; 2021 c.411 �1]

�� 18.228 Satisfaction of support awards payable to Department of Justice. (1) If a support award is paid to the Department of Justice, the judgment creditor may receive credit for satisfaction of the judgment only in the manner provided by this section. The department may provide judgment creditors with forms and instructions for satisfaction of support awards under this section.

�� (2) Any satisfaction document for a support award described in subsection (1) of this section must be mailed to or delivered to the Department of Justice, and not to the court administrator. The department shall credit the amounts reflected in the satisfaction document to the support award pay records maintained by the department. Except as provided in subsection (3) of this section, the department may not credit amounts against the support award pay records to the extent that the judgment is assigned or subrogated to this or another state. The Department of Justice shall thereafter promptly forward the satisfaction document to the court administrator for the court in which the money award was entered, together with a certificate from the department stating the amounts reflected as paid in the support award pay records maintained by the department. The court administrator shall note in the register as paid only the amount stated in the certificate, and not the amount shown on the satisfaction document.

�� (3) If a support award has been assigned to this state, the Department of Justice may satisfy the support award to the extent of the assignment. The department may credit the amounts reflected in the satisfaction document to the support award pay records maintained by the department and file the satisfaction document with the court administrator for the court in which the money award was entered, together with a certificate from the department stating the amounts reflected as paid in the support award pay records. The court administrator shall note in the register and in the judgment lien record the amount of satisfaction shown on the certificate, and not the amount shown on the satisfaction document.

�� (4) Unless a judgment requires that payments under a support award be paid to the Department of Justice or child support services are provided pursuant to ORS 25.080, all satisfaction documents for a support award must be filed with the court administrator. [2003 c.576 �26; 2007 c.339 �9; 2025 c.99 �46]

�� 18.230 [Amended by 1967 c.466 �1; 1975 c.134 �1; repealed by 1979 c.284 �199]

�� 18.232 Alternate method for satisfaction of support awards payable to Department of Justice. (1) In addition to or in lieu of the certificate and satisfaction document provided for in ORS 18.228, the Department of Justice may execute and file a satisfaction document for a support award requiring payment to the department if:

�� (a) The judgment debtor provides a sworn affidavit indicating that the money award has been paid in full;

�� (b) The department certifies that the department has a complete pay record for the payments under the support award; and

�� (c) The department certifies that there are no arrearages.

�� (2) The Department of Justice shall be considered to have a complete pay record for the purposes of subsection (1) of this section if the department has kept the pay record for the support award from the date that the first payment was to be made under the support award, or if the judgment creditor or an entity providing child support services under ORS 25.080 establishes arrearages for the time period the pay record was not kept by the department.

�� (3) The signature of a person signing a satisfaction document filed under this section need not be acknowledged by a notary public.

�� (4) If a satisfaction document under this section is for any payment made to the Department of Justice for amounts that have not been assigned by the judgment creditor to the state, the department shall give notice to the judgment creditor in the manner provided by ORS 25.085. The notice must inform the judgment creditor that the department will execute and file the satisfaction of judgment unless the department receives a request for a hearing within 30 days after the date the notice was mailed or sent electronically. If a judgment creditor requests a hearing, the Department of Justice shall conduct the hearing as a contested case under ORS chapter 183 before a hearing officer appointed by the department. [2003 c.576 �27; 2025 c.99 �47]

�� 18.235 Motion to satisfy money award. (1) A judgment debtor, or a person with an interest in real property against which a judgment lien exists, may move the court for an order declaring that a money award has been satisfied or for a determination of the amount necessary to satisfy the money award, when the person making the motion cannot otherwise obtain a satisfaction document from a judgment creditor.

�� (2) Motions under this section shall be filed in the action in which the judgment was entered. All proceedings on the motion shall be conducted as part of the action in which the judgment was entered. An appearance fee may not be charged for filing a motion under this section.

�� (3) A motion under this section must include the following information, to the extent known to the person making the motion:

�� (a) The date of entry and principal amount of the money award.

�� (b) The rate of interest and the date the interest commenced to accrue.

�� (c) The date or dates and amounts of any payments on the money award.

�� (d) Any amount that the person believes remains to be paid on the money award, including any supporting mathematical calculations.

�� (e) Any other information necessary or helpful to the court in making its determination.

�� (4) A person making a motion under this section must serve the motion on the judgment creditor. If the person making the motion is not the judgment debtor, the person also must serve the motion and supporting affidavit on the judgment debtor. If an assignment of judgment document has been filed with the court under ORS 18.205, the motion must be served on the person named as the assignee of the judgment. Service on the judgment creditor and judgment debtor under this subsection may be made as provided in ORCP 9 if the motion is filed within one year after entry of the judgment. If the motion is filed more than one year after entry of the judgment, or service is to be made on an assignee of the judgment, the motion may either be personally served as provided in ORCP 7, or be served by certified mail, return receipt requested with signed receipt. The court may waive service on any person under this subsection if the person making the motion files an affidavit with the court stating that the person cannot be found after diligent effort by the person making the motion. The person making the motion shall file proof of service with the court.

�� (5) A person served with a motion under this section must file a response within 21 days after service is made, or within such time as may be allowed by the court. The response must specifically identify those assertions in the motion that the person contests. The response must contain any information or mathematical calculations necessary to support the contentions of the responding party.

�� (6) The court shall hear the motion not less than seven days after notice of hearing is given to the person making the motion and to the parties served with the motion. The court shall hear and determine the issues in a summary fashion without a jury. The court shall give the parties a reasonable opportunity to present evidence relevant to any factual issues.

�� (7) If the court determines that the person making the motion is entitled to relief, the court shall issue an order providing that the money award has been satisfied in full or, if the money award has not been satisfied in full, the specific amount that will satisfy the judgment on a specific date or within a period of time specified in the order.

�� (8) If the court finds that the judgment creditor willfully failed to provide a satisfaction document under ORS 18.225, the court may render a supplemental judgment awarding reasonable attorney fees to the person making the motion. The supplemental judgment may provide that the person making the motion may satisfy the judgment by paying such amounts the court determines to be necessary to satisfy the judgment less that sum of money the court awards as attorney fees.

�� (9) If the court finds that the money award has been satisfied, or if the amount specified by the court is paid to the court administrator within the time specified by the court, the court administrator shall note in the register and in the judgment lien record that the money award has been satisfied in full. The court administrator shall deliver any money paid to the court administrator to the party or parties specified in the court�s order.

�� (10) Upon request of the person making the motion, the court administrator shall issue a certificate indicating that the money award has been satisfied. The certificate may be recorded in any County Clerk Lien Record in which the judgment was recorded under ORS 18.152. Recording of the certificate eliminates any judgment lien that was created by the recording of the judgment.

�� (11) At least five days before filing a motion under this section, the person must serve by personal delivery or first class mail a copy of the motion on the Administrator of the Division of Child Support of the Department of Justice, or on the branch office of the Department of Justice providing support services to the county in which the motion will be made, if:

�� (a) The motion relates to satisfaction of a support award; and

�� (b) Child support rights, as defined in ORS 25.010, for the judgment creditor have been assigned to the state.

�� (12) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 �28; 2007 c.166 �3; 2007 c.339 �10]

�� 18.238 Proceedings after discharge in bankruptcy. (1) Any person discharged from debts pursuant to the federal bankruptcy laws may file in any court or tribunal in which a judgment has at any time been rendered against the person, either before or after such discharge, a motion in the suit, action or proceeding for the discharge of the judgment from the record. After notice to the judgment creditor, or to any assignee of the judgment creditor whose assignment has been filed or recorded under ORS 18.205, the court shall enter a final order that the judgment be discharged and satisfied of record if the debtor establishes that:

�� (a) The debtor has been discharged from the payment of the judgment or the claim upon which the judgment was based; and

�� (b) Either there was no property to which a judgment lien had attached under ORS 18.150, 18.152,

ORS 18.235

18.235, the payment must be in United States dollars as provided in subsection (2) of this section.

�� (h) The amount of assessed costs, disbursements and attorney fees in United States dollars, if they are awarded, and any specific amounts awarded. This paragraph does not require inclusion of specific amounts where such will be determined later under ORCP 68 C.

�� (i) The terms of any agreement made by the parties, before the entry of the judgment, to vary the effect of ORS 24.260 to 24.335.

�� (7) If a contract claim is of the type covered by ORS 24.280 (1) or (2), the judgment or award must be entered for the amount of money stated to measure the obligation to be paid in the money specified for payment or, at the option of the debtor, the number of United States dollars which will purchase the computed amount of the money of payment on the conversion date at a bank-offered spot rate.

�� (8) When a judgment is given on a foreign-money claim in circuit court, the clerk shall enter the judgment in the register and shall note that the judgment creates a judgment lien. The judgment shall have the same force and effect as any other judgment obtained in the circuit court.

�� (9) A judgment or award may be discharged by payment.

�� (10) A party seeking enforcement of a judgment entered as provided in this section shall file with each request or application an affidavit or certificate executed in good faith by its counsel or a bank officer, stating the rate of exchange used and how it was obtained and setting forth the calculation and the amount of United States dollars that would satisfy the judgment on the date of the affidavit or certificate by applying said rate of exchange. Affected court officials incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment were in the amount of United States dollars stated in the affidavit or certificate. The computation contained in the affidavit or certificate shall remain in effect for 60 days following the filing of the affidavit or certificate and may be recomputed before the expiration of 60 days by the filing of additional affidavits or certificates provided that recomputation shall not affect any payment obtained before the filing of the recomputation. [1991 c.202 �8; 1993 c.545 �114; 1995 c.658 �26; 2003 c.576 �181; 2009 c.48 �13]

�� 24.295 Conversions of foreign money in distribution proceeding. The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated governs all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a distribution proceeding shall assert its claim in the named foreign money and show the amount of United States dollars resulting from a conversion as of the date the proceeding was initiated. [1991 c.202 �9]

�� 24.300 Prejudgment and judgment interest. (1) With respect to a foreign-money claim, recovery of prejudgment or preaward interest and the rate of interest to be applied in the action or distribution proceeding, except as provided in subsection (2) of this section, are matters of the substantive law governing the right to recovery under the conflict of laws rules of this state.

�� (2) The court or arbitrator shall increase or decrease the amount of prejudgment or preaward interest otherwise payable in a judgment or award in foreign money to the extent required by the law of this state governing a failure to make or accept an offer of settlement or offer of judgment, or conduct by a party or its attorney causing undue delay or expense.

�� (3) A judgment or award on a foreign-money claim bears interest at the rate applicable to judgments of this state. [1991 c.202 �10]

�� 24.305 Enforcement of foreign judgments. (1) If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment must be entered as provided in ORS 24.290, whether or not the foreign judgment confers an option to pay in an equivalent amount of United States dollars.

�� (2) A foreign judgment may be entered in the register in accordance with any rule or statute of this state providing a procedure for its recognition and enforcement.

�� (3) A satisfaction or partial payment made upon the foreign judgment, on proof thereof, shall operate to the same extent as a satisfaction of the judgment in this state, except as to costs authorized by ORS 24.140, notwithstanding the entry of judgment in this state.

�� (4) A judgment entered on a foreign-money claim only in United States dollars in another state must be enforced in this state in United States dollars only. [1991 c.202 �11; 2003 c.576 �182]

�� 24.310 Determining United States dollar value of foreign-money claims for limited purposes. (1) Computations under this section are for the limited purposes of the section and do not affect computation of the United States dollar equivalent of the money of the judgment for the purpose of payment.

�� (2) For the limited purpose of facilitating the enforcement of provisional remedies in an action, the value in United States dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution or other legal process, the amount of the United States dollars at issue for assessing costs or the amount of United States dollars involved for a surety bond or other court-required undertaking, must be ascertained as provided in subsections (3) and (4) of this section.

�� (3) A party seeking process, costs, bond or other undertaking under subsection (2) of this section shall compute in United States dollars the amount of the foreign money claimed from a bank-offered spot rate prevailing at or near the close of business on the banking day next preceding the filing of a request or application for the issuance of process or for the determination of costs, or an application for a bond or other court-required undertaking.

�� (4) A party seeking the process, costs, bond or other undertaking under subsection (2) of this section shall file with each request or application an affidavit or certificate executed in good faith by its counsel or a bank officer, stating the market quotation used and how it was obtained and setting forth the calculation. Affected court officials incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment were in the amount of United States dollars stated in the affidavit or certificate. [1991 c.202 �12]

�� 24.315 Effect of currency substitution. (1) If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversion the issuing country establishes for the payment of like obligations or losses denominated in the former money.

�� (2) If substitution under subsection (1) of this section occurs after a judgment or award is entered on a foreign-money claim, the court or arbitrator shall amend, upon the motion of any party, the judgment or award by a like conversion of the former money. [1991 c.202 �13]

�� 24.320 Supplementary general principles of law. Unless displaced by particular provisions of ORS

ORS 18.580

18.580]

COMPARATIVE NEGLIGENCE

�� 31.600 Contributory negligence not bar to recovery; comparative negligence standard; third party complaints. (1) Contributory negligence shall not bar recovery in an action by any person or the legal representative of the person to recover damages for death or injury to person or property if the fault attributable to the claimant was not greater than the combined fault of all persons specified in subsection (2) of this section, but any damages allowed shall be diminished in the proportion to the percentage of fault attributable to the claimant. This section is not intended to create or abolish any defense.

�� (2) The trier of fact shall compare the fault of the claimant with the fault of any party against whom recovery is sought, the fault of third party defendants who are liable in tort to the claimant, and the fault of any person with whom the claimant has settled. The failure of a claimant to make a direct claim against a third party defendant does not affect the requirement that the fault of the third party defendant be considered by the trier of fact under this subsection. Except for persons who have settled with the claimant, there shall be no comparison of fault with any person:

�� (a) Who is immune from liability to the claimant;

�� (b) Who is not subject to the jurisdiction of the court; or

�� (c) Who is not subject to action because the claim is barred by a statute of limitation or statute of ultimate repose.

�� (3) A defendant who files a third party complaint against a person alleged to be at fault in the matter, or who alleges that a person who has settled with the claimant is at fault in the matter, has the burden of proof in establishing:

�� (a) The fault of the third party defendant or the fault of the person who settled with the claimant; and

�� (b) That the fault of the third party defendant or the person who settled with the claimant was a contributing cause to the injury or death under the law applicable in the matter.

�� (4) Any party to an action may seek to establish that the fault of a person should not be considered by the trier of fact by reason that the person does not meet the criteria established by subsection (2) of this section for the consideration of fault by the trier of fact.

�� (5) This section does not prevent a party from alleging that the party was not at fault in the matter because the injury or death was the sole and exclusive fault of a person who is not a party in the matter. [Formerly 18.470]

�� 31.605 Special questions to trier of fact; jury not to be informed of settlement. (1) When requested by any party the trier of fact shall answer special questions indicating:

�� (a) The amount of damages to which a party seeking recovery would be entitled, assuming that party not to be at fault.

�� (b) The degree of fault of each person specified in ORS 31.600 (2). The degree of each person�s fault so determined shall be expressed as a percentage of the total fault attributable to all persons considered by the trier of fact pursuant to ORS

ORS 180.450

180.450. The information shall include, but need not be limited to, a list by brand family of the total number of cigarettes or, in the case of roll-your-own tobacco, the equivalent stick count for which the distributor affixed stamps or otherwise paid the tax due during the previous calendar quarter.

�� (2) A distributor shall maintain for a period of five years all invoices and documentation of sales of cigarettes manufactured by nonparticipating manufacturers and any other information relied upon in reporting to the Attorney General under subsection (1) of this section. The distributor shall make the invoices and other documentation available to the Attorney General upon request.

�� (3)(a) The Attorney General may compel by subpoena the production of any books, papers, records or other information required to be maintained under subsection (2) of this section and may require any person to appear and provide testimony pertinent to the information described in subsection (2) of this section. The subpoena shall have the same force and effect and be served in the same manner as in a civil action in the circuit court.

�� (b) If a person fails to produce any books, papers, records or other information required to be produced, fails to appear or testify about a matter for which testimony may be compelled or otherwise fails to comply with a subpoena issued under this subsection, the Attorney General may apply to the circuit court of the county in which the person to whom the subpoena was issued resides or may be found. The application shall be for an order requiring the person to comply with the demand or request of the Attorney General. The application shall be made by ex parte motion. The order of the court shall require the person against whom the order is directed to comply with the request or demand of the Attorney General within 10 days after the service of the order, or such further time as the court may grant, or to justify the failure to comply with the order within that time.

�� (c) Failure to comply with an order under this subsection shall constitute contempt of court. The remedy provided under this paragraph shall be in addition to any other remedy provided by law.

�� (4) A distributor shall provide the Attorney General with an electronic mail address so that the Attorney General may notify the distributor of the information required under subsections (1) and (8) of this section.

�� (5) The Attorney General and the Department of Revenue may share with each other information received under ORS 180.400 to 180.455, ORS chapter 323 and corresponding rules, and may share such information with federal, state or local agencies for purposes of enforcement of ORS 180.400 to 180.455, ORS chapter 323 and corresponding rules, or the corresponding laws of other states and with the data clearinghouse or similar entity established pursuant to a settlement agreement between the State of Oregon and the participating manufacturers, and with any parties necessary to effectuate the terms of the settlement agreement.

�� (6) The Attorney General may at any time require a nonparticipating manufacturer to produce proof from the financial institution in which the nonparticipating manufacturer has established a qualified escrow fund for the purpose of compliance with ORS

ORS 180.486

180.486 and 323.816 and with rules adopted under ORS 180.489 and 180.491. The information shall include, but need not be limited to, a list of the total number of units sold of smokeless tobacco products for which the distributor paid the tax due during the previous calendar quarter.

�� (2) A distributor shall maintain for a period of five years all invoices and documentation of sales of smokeless tobacco products manufactured by nonparticipating manufacturers and any other information relied upon in reporting to the Attorney General under subsection (1) of this section. The distributor shall make the invoices and other documentation available to the Attorney General upon request.

�� (3) A distributor shall provide the Attorney General with an electronic mail address so that the Attorney General may notify the distributor of the information required under subsections (1) and (7) of this section.

�� (4) The Attorney General and the Department of Revenue may share with each other information received under this section and ORS 180.471, 180.474 and 323.520 and may share such information with federal, state or local agencies for purposes of enforcement of this section and ORS 180.471, 180.474, 180.477, 180.480, 180.486 and 323.816, rules adopted under ORS 180.489 and 180.491 and corresponding laws of other states.

�� (5) The Attorney General may at any time require a nonparticipating manufacturer to produce proof from the financial institution in which the nonparticipating manufacturer has established a qualified escrow fund for the purpose of compliance with ORS

ORS 181A.323

181A.323. [2019 c.462 �5]

�� 260.415 [Formerly 260.472; repealed by 1983 c.71 �12]

�� 260.416 Prohibitions regarding campaign contributions and independent expenditures. (1) A person may not, directly or indirectly:

�� (a) Require an employee or contractor to make a contribution or independent expenditure to support or oppose any candidate; or

�� (b) Provide or promise any benefit or impose or threaten any detriment due to a decision by an employee or contractor on whether to make a contribution or independent expenditure to support or oppose a candidate.

�� (2)(a) A foreign national, foreign corporation or foreign entity may not, directly or indirectly, make or offer to make a candidate campaign contribution or expenditure or make a donation used by an entity to pay for candidate campaign independent expenditures.

�� (b) As used in this subsection, �foreign national� means a foreign principal, as defined in 22 U.S.C. 611(b), but does not include any individual who is:

�� (A) A citizen of the United States;

�� (B) A national of the United States;

�� (C) Lawfully admitted for permanent residence in the United States; or

�� (D) A resident of Oregon. [2024 c.9 �9]

�� Note: 260.416 becomes operative January 1, 2027. See section 23, chapter 9, Oregon Laws 2024.

�� 260.420 [Amended by 1971 c.749 �43; renumbered 260.452]

�� 260.422 Prohibition on acceptance of employment where compensation to be contributed. No person shall accept employment with the understanding or agreement, express or implied, that the person will contribute any of the compensation to be received because of the employment to or on behalf of a candidate or political committee in support of the nomination or election of the candidate or in support of or in opposition to a measure. [1971 c.749 �39; 1973 c.744 �27; 1979 c.190 �371]

�� 260.430 [Amended by 1971 c.644 �7; repealed by 1971 c.749 �82]

�� 260.432 Prohibition on certain requirements of public employees; activities of public employees during working hours; exceptions. (1) A person may not attempt to, or actually, coerce, command or require a public employee to:

�� (a) Influence or give money, service or other thing of value to promote or oppose any political committee;

�� (b) Promote or oppose the appointment, nomination or election of a person to a public office;

�� (c) Promote or oppose the filing of an initiative, referendum or recall petition;

�� (d) Promote or oppose the gathering of signatures on an initiative, referendum or recall petition; or

�� (e) Promote or oppose the adoption of a measure or the recall of a public office holder.

�� (2) A public employee may not engage in any of the following activities while on the job during working hours or while otherwise acting in the public employee�s official capacity:

�� (a) Solicit any money, influence, service or other thing of value or otherwise promote or oppose any political committee;

�� (b) Promote or oppose the appointment, nomination or election of a person to a public office;

�� (c) Promote or oppose the filing of an initiative, referendum or recall petition;

�� (d) Promote or oppose the gathering of signatures on an initiative, referendum or recall petition; or

�� (e) Promote or oppose the adoption of a measure or the recall of a public office holder.

�� (3) This section does not restrict:

�� (a) The right of a public employee to express personal political views, provided that a reasonable person would not infer that the personal political views of the public employee represent the views of the public employer of the public employee; or

�� (b) A public employee from communicating with a separate public employee or elected official about the appointment of a person to a public office, provided that the communication is made in furtherance of the recipient�s official duties relating to an appointment required by the Oregon Constitution or a state statute.

�� (4) Each public employer shall have posted in a conspicuous place likely to be seen by its employees the following notice in printed or typewritten form:

ATTENTION ALL PUBLIC EMPLOYEES:

�� The restrictions imposed by the law of the State of Oregon on your political activities are that �No public employee shall solicit any money, influence, service or other thing of value or otherwise promote or oppose any political committee; promote or oppose the appointment, nomination or election of a person to a public office; or promote or oppose the filing of or gathering of signatures on an initiative, referendum or recall petition or the adoption of a measure or the recall of a public office holder while on the job during working hours or while otherwise acting in the public employee�s official capacity as a public employee. However, this section does not restrict the right of a public employee to express personal political views, provided that a reasonable person would not infer that the views represent those of the public employer of the public employee.�

�� It is therefore the policy of the state and of your public employer that you may engage in political activity except to the extent prohibited by state law when on the job during working hours or while otherwise working in your official capacity as a public employee.

�� (5)(a) Notwithstanding subsections (1) and (2) of this section:

�� (A) The recognized student government of a community college or public university listed in ORS 352.002, or a member of the recognized student government while acting as a member, may make a statement or issue a resolution to promote or oppose:

�� (i) The gathering of signatures on an initiative or referendum petition; or

�� (ii) The adoption of a measure.

�� (B) A member of the board of education of a community college district, a member of the governing board, as defined in ORS 352.029, of a public university or an employee of a community college or public university may take any action as a public employee that is necessary to allow the recognized student government, or member of the recognized student government, to engage in activities described in subparagraph (A) of this paragraph.

�� (b) Except for facilitating the actions described in paragraph (a) of this subsection, the recognized student government of a community college or public university, or a member of the recognized student government while acting as a member, may not use mandatory student-initiated fees, mandatory enrollment fees, mandatory incidental fees or any public moneys to promote or oppose any political committee or promote or oppose the appointment, nomination or election of a person to a public office, the filing of or the gathering of signatures on an initiative, referendum or recall petition, the adoption of a measure or the recall of a public office holder.

�� (6) Nothing in this section prohibits an employee of the legislative branch from explaining the vote of a member of the Legislative Assembly on:

�� (a) An Act that has been referred to the people by law or petition under Article IV, section 1 (3), of the Oregon Constitution;

�� (b) An Act for which a prospective referendum petition has been filed under ORS 250.045; or

�� (c) A constitutional amendment or revision proposed under Article XVII, section 1 or 2, of the Oregon Constitution.

�� (7) As used in this section:

�� (a) �Public employee� does not include an elected official or a person appointed as a director to the board of a pilot education service district under ORS 334.108.

�� (b) �Public employer� includes any board, commission, committee, department, division or institution in the executive, administrative, legislative or judicial branch of state government, and any county, city, district or other municipal corporation or public corporation organized for a public purpose, including a cooperative body formed between municipal or public corporations.

�� (c) �While on the job during working hours� does not include periods of time during which a public employee is taking time off for a meal break or rest break or periods of time during which a public employee is utilizing otherwise allowable time off in accordance with the labor laws of this state. [Formerly 260.231; 1973 c.53 �1; 1973 c.744 �27a; 1979 c.190 �372; 1979 c.519 �35a; 1983 c.71 �9; 1983 c.392 �1; 1985 c.565 �39; 1985 c.808 �62; 1987 c.718 �3; 1993 c.493 �106; 2007 c.589 ��7,8; 2010 c.9 ��15,16; 2013 c.13 �2; 2019 c.377 �1; 2023 c.268 �1]

�� 260.440 [Amended by 1971 c.644 �8; repealed by 1971 c.749 �82]

�� 260.442 [Formerly 260.250; 1973 c.744 �28; 1979 c.190 �383; renumbered 260.625]

�� 260.450 [Repealed by 1957 c.644 �28]

�� 260.452 [Formerly 260.420; 1973 c.744 �29; repealed by 1979 c.190 �431]

�� 260.460 [Repealed by 1957 c.644 �28]

�� 260.462 [Formerly 260.270; 1973 c.744 �30; 1979 c.190 �386; renumbered 260.655]

�� 260.470 [Amended by 1957 c.644 �9; 1971 c.749 �34; renumbered 260.365]

�� 260.472 [Formerly 260.280; 1973 c.744 �31; 1979 c.190 �370; renumbered 260.415]

�� 260.480 [Amended by 1957 c.644 �11; repealed by 1971 c.749 �82]

�� 260.482 [Formerly 260.310; 1973 c.744 �32; 1977 c.678 �3; 1979 c.190 �384; renumbered 260.635]

�� 260.490 [Amended by 1959 c.644 �12; repealed by 1971 c.749 �82]

�� 260.492 [Formerly 260.320; 1973 c.744 �33; repealed by 1979 c.190 �431]

�� 260.500 [Amended by 1957 c.644 �13; 1971 c.749 �56; renumbered 260.552]

�� 260.502 [Formerly 260.335; repealed by 1973 c.744 �48]

�� 260.510 [Amended by 1957 c.644 �14; repealed by 1971 c.749 �82]

�� 260.512 [Formerly 260.340; 1973 c.744 �34; 1979 c.190 �380; renumbered 260.605]

�� 260.520 [Amended by 1957 c.644 �15; 1971 c.749 �35; renumbered 260.375]

�� 260.522 [Formerly 260.360; 1973 c.483 �1; 1973 c.744 �35; 1975 c.683 �13; 1979 c.190 �373; 1981 c.234 �17; 1983 c.71 �11; 1985 c.808 �63; 1989 c.503 �28; 1989 c.1054 �13; 1993 c.359 �1; 1993 c.618 �2; repealed by 2001 c.965 �66]

�� 260.530 [Repealed by 1957 c.644 �28]

�� 260.532 Prohibition on publication of false statement relating to candidate or measure; civil action; damages; other remedies; limitation on action. (1) No person shall cause to be written, printed, published, posted, communicated or circulated, including by electronic or telephonic means, any letter, circular, bill, placard, poster, photograph or other publication, or cause any advertisement to be placed in a publication, or singly or with others pay for any advertisement or circulate an advertisement by electronic or telephonic means, with knowledge or with reckless disregard that the letter, circular, bill, placard, poster, photograph, publication or advertisement contains a false statement of material fact relating to any candidate, political committee or measure.

�� (2) As used in subsection (1) of this section, �cause� does not include the broadcast of an advertisement by a radio or television station or cable television company unless the advertisement is for:

�� (a) The candidacy of the owner, licensee or operator of the station or company; or

�� (b) A ballot measure of which a chief petitioner is the owner, licensee or operator of the station or company.

�� (3) A candidate who knows of and consents to a publication or advertisement prohibited by this section with knowledge or with reckless disregard that it contains a false statement of material fact, violates this section regardless of whether the candidate has participated directly in the publication or advertisement.

�� (4) There is a rebuttable presumption that a candidate knows of and consents to any publication or advertisement prohibited by this section caused by a political committee over which the candidate exercises any direction and control.

�� (5) Any candidate or political committee aggrieved by a violation of this section shall have a right of action against the person alleged to have committed the violation. The aggrieved party may file the action in the circuit court for any county in this state in which a defendant resides or can be found or, if the defendant is a nonresident of this state, in the circuit court for any county in which the publication occurred. To prevail in such an action, the plaintiff must show by clear and convincing evidence that the defendant violated subsection (1) of this section.

�� (6) A plaintiff who prevails in an action provided by subsection (5) of this section may recover economic and noneconomic damages, as defined in ORS 31.705, or $2,500, whichever is greater. The court may award such additional equitable relief as it considers necessary or proper. The equitable relief may include, but is not limited to, a requirement that a retraction of the false statement be disseminated in the manner directed by the court. Proof of entitlement to economic and noneconomic damages must be by a preponderance of evidence. The court shall award the prevailing party reasonable attorney fees at trial and on appeal.

�� (7) A political committee has standing to bring an action provided by subsection (5) of this section as plaintiff in its own name, if its purpose as evidenced by its preelection activities, solicitations and publications has been injured by the violation and if it has fully complied with the provisions of this chapter. In an action brought by a political committee as provided by subsection (5) of this section, the plaintiff may recover economic and noneconomic damages for all injury to the purpose of the committee as provided in subsection (6) of this section.

�� (8) If a judgment is rendered in an action under this section against a defendant who has been nominated to public office or elected to a public office other than state Senator or state Representative, and it is established by clear and convincing evidence that the false statement was deliberately made or caused to be made by the defendant, the finder of fact shall determine whether the false statement reversed the outcome of the election. If the finder of fact finds by clear and convincing evidence that the false statement reversed the outcome of the election, the defendant shall be deprived of the nomination or election and the nomination or office shall be declared vacant.

�� (9) An action under this section must be filed not later than the 30th day after the election relating to which a publication or advertisement in violation of this section was made. Proceedings on a complaint filed under this section shall have precedence over all other business on the docket. The courts shall proceed in a manner which will ensure that:

�� (a) Final judgment on a complaint which relates to a primary election or nominating election is rendered before the 30th day before the general election; and

�� (b) Final judgment on a complaint which relates to an election to an office is rendered before the term of that office begins.

�� (10) The remedy provided by this section is the exclusive remedy for a violation of this section. [Formerly 260.380; 1973 c.744 �36; 1975 c.683 �14; 1979 c.190 �374; 1979 c.667 �2; 1981 c.897 �45; 1983 c.756 �1; 1985 c.808 �63a; 1995 c.712 �79; 1997 c.829 �1; 1999 c.941 �1; 1999 c.999 �58; 2021 c.291 �4; 2021 c.478 �10]

�� 260.537 Prohibition on publication of false statement intended to mislead electors; civil action; penalties. (1) A person may not cause to be written, printed, published, posted, communicated or circulated, including by electronic or telephonic means, any letter, circular, bill, placard, poster, photograph or other publication, or cause any advertisement to be placed in a publication, or singly or with others pay for any advertisement or circulate an advertisement by electronic or telephonic means, with knowledge or with reckless disregard that the letter, circular, bill, placard, poster, photograph, publication or advertisement contains a false statement of material fact that is intended to mislead electors regarding:

�� (a) The date of the election;

�� (b) The deadline for depositing a ballot in order for the ballot to be tallied;

�� (c) The voter registration deadline;

�� (d) The methods by which an elector may register to vote;

�� (e) The locations at which an elector may deposit a ballot in order for the ballot to be tallied;

�� (f) The qualifications an individual must meet to be eligible to vote in an election; or

�� (g) An elector�s voter registration status.

�� (3) This section applies only to a letter, circular, bill, placard, poster, photograph, publication or advertisement that is written, printed, published, posted, communicated or circulated, including by electronic or telephonic means, within:

�� (a) 30 calendar days before a primary election or special election; or

�� (b) 60 calendar days before a general election.

�� (4) The Secretary of State may institute proceedings to enjoin any violation of this section, except that in the case of a violation by the Secretary of State or a candidate for the office of the Secretary of State, the Attorney General may institute proceedings to enjoin any violation of this section. In any action brought under this section, the circuit court may at any time enter such injunctions, prohibitions or restraining orders, or take any other actions as the court may deem proper. A restraining order, prohibition or injunction may be issued under this section without proof of injury or damage to any person. The circuit court shall give priority to the hearing and determination under this section. The court shall award the prevailing party reasonable attorney fees at trial and on appeal.

�� (5) Upon proof of any violation of this section, the court shall impose a civil penalty of not more than $10,000. All penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund.

�� (6) The remedy provided by this section is the exclusive remedy for a violation of this section. [2021 c.291 �2]

�� 260.540 [1957 c.644 �10; 1971 c.749 �27; renumbered 260.325]

�� 260.542 [Formerly 260.405; 1973 c.744 �37; 1979 c.190 �375; repealed by 1993 c.383 �1]

�� 260.545 [1987 c.826 �2; repealed by 1993 c.383 �1]

�� 260.550 Use of term �incumbent.� (1) No person shall describe a candidate as the incumbent in the office to which the candidate seeks nomination or election in any material, statement or publication supporting the election of the candidate, with knowledge or with reckless disregard that the description is a false statement of material fact.

�� (2) For purposes of this section, a candidate shall be considered an �incumbent� if the candidate:

�� (a) Was elected to the identical office in the most recent election to fill that office and is serving and has served continuously in that office from the beginning of the term to which the candidate was elected; or

�� (b) Was appointed to the identical office after the most recent election to fill that office and is serving and has served continuously in that office from the date of appointment.

�� (3) If district boundaries have changed since the previous election or the appointment, a candidate shall be considered an �incumbent� if the candidate:

�� (a) Was elected to an office of the same name as the office to which the candidate seeks nomination or election at the most recent election to fill that office and is serving and has served continuously in that office from the beginning of the term to which the candidate was elected; or

�� (b) Was appointed to an office of the same name as the office to which the candidate seeks nomination or election after the most recent election to fill that office and is serving and has served continuously in that office from the date of appointment.

�� (4) This section does not apply to any words or statements required by law to be included in any statement produced by a filing officer or listed on a ballot. [1993 c.383 �3]

�� 260.552 [Formerly 260.500; 1973 c.744 �38; repealed by 1979 c.190 �431]

�� 260.555 Prohibitions relating to petitions. (1) A person attempting to obtain signatures on, or causing to be circulated, a petition or prospective petition that is being circulated in accordance with the laws of this state may not knowingly make any false statement regarding the contents, meaning or effect of the petition or prospective petition to any person who signs it, attempts to sign it, is requested to sign it or requests information concerning it.

�� (2) If a person knows that a petition, or prospective petition, that is otherwise being circulated in accordance with the laws of this state contains a false signature, the person may not attempt to obtain signatures on, cause to be circulated, or file with a filing officer, the petition or prospective petition.

�� (3) If a person knows that another person is not qualified to sign a petition or prospective petition that is being circulated in accordance with the laws of this state, the person may not attempt to obtain the signature of the other person on the petition or prospective petition.

�� (4) A person may not knowingly sign more than once any petition or prospective petition that is being circulated in accordance with the laws of this state, knowingly sign such petition or prospective petition when not qualified to sign it, or sign such petition or prospective petition in any name other than the person�s own.

�� (5) A public official or employee may not knowingly make a false certification concerning a petition or prospective petition that is circulated in accordance with the laws of this state. [1979 c.190 �376; 2001 c.489 �1; 2023 c.600 �15]

�� 260.556 Secretary of State prohibited from counting petition signatures obtained by certain persons. The Secretary of State may not include in a count under ORS 250.045 (3) or

ORS 181A.345

181A.345.

�� (b) �Parole and probation officer� has the meaning given that term in ORS 181A.355. [1989 c.902 �2; 2017 c.568 �17; 2024 c.63 �4; 2025 c.118 �2; 2025 c.415 �9]

�� 807.120 Restrictions generally. (1) The Department of Transportation may place restrictions on any driving privileges granted a person if the department determines that there is good cause to restrict the driving privileges of the person in order to ensure the safe operation of a motor vehicle by the person.

�� (2) Restrictions placed on a driver license or driver permit by the department under this section shall be suitable to the driving ability of the person whose driving privileges are restricted. The restrictions may include:

�� (a) Restrictions on the type of motor vehicle the person may operate;

�� (b) Requirements for special mechanical control devices on motor vehicles operated by the person; or

�� (c) Any other restrictions the department determines appropriate to ensure the safe operation of a motor vehicle by the person.

�� (3) The department shall place a restriction on the commercial driver license of a person who performs the skill demonstration required under ORS 807.070 for issuance of a commercial driver license in a vehicle that:

�� (a) Is not equipped with air brakes. A restriction imposed under this paragraph prohibits the person from operating commercial motor vehicles equipped with service brakes that operate fully or partially by air pressure.

�� (b) Is equipped with air over hydraulic brakes. Air over hydraulic brakes includes any braking system operating partially by air pressure and partially by hydraulic pressure. A restriction imposed under this paragraph prohibits the person from operating commercial motor vehicles equipped with service brakes that operate solely by air pressure.

�� (c) Is equipped with an automatic transmission. A restriction imposed under this paragraph prohibits the person from operating commercial motor vehicles equipped with manual transmissions.

�� (d) Uses any connection other than a fifth wheel hitch between the power unit and a vehicle towed in combination with the power unit. A restriction under this paragraph prohibits the person from operating a commercial motor vehicle in combination with any other vehicle using a fifth wheel hitch between the power unit and first towed unit.

�� (4) The department shall place a restriction on the commercial driver license and the commercial learner driver permit of a person who does not pass an air brakes knowledge test administered under ORS 807.070. The restriction shall prohibit the person from operating a commercial motor vehicle with service brakes that operate fully or partially by air pressure.

�� (5) The department may impose restrictions under this section by setting forth the restrictions on the regular license form or by issuing a special form for licenses with restrictions.

�� (6) The department shall place restrictions on driving privileges under this section when ordered by a court under ORS 809.270. Any restriction imposed under this subsection shall be made a part of the person�s driving record and shall remain in effect until the court notifies the department in writing that the restrictions are removed.

�� (7) The department may impose restrictions under this section on driving privileges that are restored after having been suspended or revoked. The restrictions imposed under this subsection may include any restrictions that have been recommended by a convicting magistrate.

�� (8) The use of the term �restrictions� in this section includes any restrictions, conditions or requirements.

�� (9) Violation of any restrictions placed on driving privileges under this section is punishable as provided under ORS 807.010. [1983 c.338 �307; 1985 c.16 �128; 1989 c.636 �23; 2013 c.237 �43; 2020 s.s.1 c.10 �2]

�� 807.122 Restrictions on operation with provisional driver license. (1) The Department of Transportation shall place the following restrictions on a provisional driver license issued under ORS 807.065:

�� (a) Except as provided in subsections (2) to (4) of this section, for the first six months after issuance of the license, the holder of the license may not operate a motor vehicle that is carrying a passenger under 20 years of age who is not a member of the holder�s immediate family. For the second six months, the holder of the license may not operate a motor vehicle that is carrying more than three passengers who are under 20 years of age and who are not members of the holder�s immediate family.

�� (b) For the first year after issuance of the license, the holder of the license may not operate a motor vehicle between the hours of 12 midnight and 5 a.m. except when:

�� (A) The holder is driving between the holder�s home and place of employment;

�� (B) The holder is driving between the holder�s home and a school event for which no other transportation is available;

�� (C) The holder is driving for employment purposes; or

�� (D) The holder is accompanied by a licensed driver who is at least 25 years of age.

�� (2) Subsection (1)(a) of this section does not apply to the holder of a provisional driver license who:

�� (a) Is employed by a farmer, rancher or orchardist;

�� (b) Is operating, solely for employment purposes, a motor vehicle that is owned by the employer and for which financial responsibility requirements of ORS 806.060 have been met;

�� (c) Is transporting passengers who are employed by the same employer as the driver and who are being transported solely for employment purposes;

�� (d) Is not transporting more passengers than the number of available seat belts; and

�� (e) Has in the vehicle a written statement signed by the employer certifying that the driver is employed by the employer and that there is no other option for transporting the employees.

�� (3) Subsection (1)(a) of this section does not apply to the holder of a provisional driver license who is 16 or 17 years of age and who is operating a motor vehicle with:

�� (a) An instructor in the vehicle as part of a certified traffic safety education course; or

�� (b) A person in the vehicle who has valid driving privileges and who is the parent or stepparent of the holder of the license.

�� (4) Subsection (1) of this section does not apply to the holder of a provisional driver license who is 18 years of age or older. [1999 c.328 �3; 2001 c.410 �6; 2001 c.608 �1; 2003 c.14 �475; 2003 c.767 �1; 2013 c.68 �1]

�� 807.130 Expiration. (1) A license that is not a limited term driver license and is issued as an original license and not as a license that is renewed expires on the anniversary of the licensee�s birthday in the eighth calendar year after the year of issuance.

�� (2) A license that is renewed under ORS 807.150 expires eight years from the specified expiration date of the immediately preceding license.

�� (3) Notwithstanding subsections (1) and (2) of this section, a limited term commercial driver license or a limited term Real ID that is issued to a person who is not a citizen or lawful permanent resident of the United States or a citizen of a country with a Compact of Free Association with the United States expires on the date the licensee is no longer authorized to stay in the United States, as indicated by the documentation the person presented to the Department of Transportation to provide proof of lawful status in the United States as required by ORS 807.455 and 807.730, but no longer than eight years from the date of issuance or, if there is no definite end to the authorized stay, after a period of one year.

�� (4) A license that has expired does not grant driving privileges and is not valid evidence of driving privileges. [1983 c.338 �308; 1985 c.16 �129; 1999 c.91 �1; 2008 c.1 �15; 2013 c.238 �1; 2017 c.568 �20; 2019 c.312 �33; 2019 c.701 ��17,18]

�� 807.135 Expiration of license held by Oregon National Guard member or military reservist. (1) Notwithstanding ORS 807.130, a license held by a member of the Oregon National Guard or a military reservist ordered on active duty and deployed to a location outside the United States that expires while the holder is on active duty shall remain valid and grant driving privileges for 90 days following the termination of active duty.

�� (2) The court shall dismiss the charge of operating a vehicle without driving privileges under ORS 807.010 if, when charged, a member of the Oregon National Guard or a military reservist held a valid license pursuant to subsection (1) of this section. [2005 c.257 �2; 2009 c.482 �3]

�� 807.137 Expiration of license held by person volunteering outside of United States. (1) Notwithstanding ORS 807.130, a driver license held by a person described in subsection (2) of this section that expires while the holder is volunteering outside of the United States shall remain valid and grant driving privileges for 90 days after the date the person returns to the United States.

�� (2) Subsection (1) of this section applies to persons who are performing services in a location outside of the United States on a volunteer basis for a nonprofit religious, charitable or relief organization, whether or not such persons receive meals or lodging or reimbursements or vouchers for meals, lodging or expenses.

�� (3) The court shall dismiss the charge of operating a vehicle without driving privileges under ORS 807.010 if, when charged, a person described in subsection (2) of this section held a valid driver license pursuant to subsection (1) of this section. [2015 c.215 �2]

�� 807.140 Notice prior to expiration; exceptions; effect of failure to notify; records. (1) Before the expiration of any license or a license with an endorsement under the vehicle code, the Department of Transportation shall notify the person to whom the license was issued of the approaching expiration. Within a reasonable time prior to the expiration date, the department shall notify the person to whom the license was issued in the manner determined by the department by rule.

�� (2) The department is not required to notify the person of an approaching expiration if the person�s license has been suspended, canceled or revoked or if the person has failed to notify the department of a change of address as required under ORS 807.560.

�� (3) Notwithstanding subsection (1) of this section, the department is not required to notify the person of an approaching expiration if the person received a limited term driver license, limited term commercial driver license, limited term driver permit, limited term commercial learner driver permit or limited term identification card under ORS 807.730 for a period of less than one year.

�� (4) Failure to receive a notice of expiration from the department is not a defense to a charge of driving with an expired license. However, the court may dismiss the charge if the person renews the license before the scheduled court appearance.

�� (5) The department�s responsibility to maintain records concerning notice under this section is as provided under ORS 802.210. [1983 c.338 �309; 1985 c.16 �130; 1985 c.597 �9; 1993 c.751 �41; 2003 c.14 �476; 2009 c.258 �2; 2017 c.306 �9; 2019 c.312 �20]

�� 807.150 Renewal; proof of address; rules. (1) When a license expires or is about to expire, the Department of Transportation shall renew the license under this section if the holder of the license qualifies for renewal of the license under this section and:

�� (a) Applies for renewal within two years of the expiration of a similar license under ORS

ORS 183.407

183.407 may agree to complete the review and reporting required by this section for the agency.

�� (3) An agency or the Small Business Rules Advisory Committee shall utilize available information in complying with the requirements of subsection (1) of this section.

�� (4) An agency or the Small Business Rules Advisory Committee shall provide a report on each review of a rule conducted under this section:

�� (a) To the Secretary of State;

�� (b) To the Small Business Rules Advisory Committee, unless the committee completed the review under subsection (2) of this section; and

�� (c) If the agency appointed an advisory committee pursuant to ORS 183.333 for consideration of a rule subject to the requirements of this section, to the advisory committee.

�� (5) The provisions of this section do not apply to the amendment or repeal of a rule.

�� (6) The provisions of this section do not apply to:

�� (a) Rules adopted to implement court orders or the settlement of civil proceedings;

�� (b) Rules that adopt federal laws or rules by reference;

�� (c) Rules adopted to implement legislatively approved fee changes; or

�� (d) Rules adopted to correct errors or omissions.

�� (7) The Secretary of State shall compile the reports submitted under this section during each calendar year and submit an annual report to the Legislative Assembly in the manner required by ORS 192.245 no later than February 1 of the following year. [2005 c.807 �3; 2017 c.518 �6; 2018 c.20 �4]

�� Note: 183.405 was added to and made a part of 183.325 to 183.410 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 183.407 Small Business Rules Advisory Committee. (1) The Small Business Rules Advisory Committee is established to serve as an advisory committee for agencies adopting new administrative rules and to review the effectiveness of existing administrative rules.

�� (2) The committee consists of nine members as follows:

�� (a) Two representatives of small businesses appointed by the Governor;

�� (b) Two representatives of small businesses appointed by the President of the Senate;

�� (c) Two representatives of small businesses appointed by the Speaker of the House;

�� (d) A representative of small businesses appointed by the Office of Small Business Assistance established in ORS 56.203;

�� (e) A representative of state agencies appointed by the Director of the Oregon Department of Administrative Services; and

�� (f) A member who is an expert in the rulemaking process appointed by the State Archivist.

�� (3)(a) Upon request of an agency, the committee shall serve as the advisory committee or fiscal impact advisory committee for reviewing an agency�s proposed administrative rules under ORS 183.333.

�� (b) When an agency uses the committee as the advisory committee under this subsection with regard to adoption of rules implementing legislation enacted by the Legislative Assembly, the committee shall invite to participate as a nonvoting member of the committee:

�� (A) For legislation sponsored by a member of the Legislative Assembly, the first chief sponsor of the legislation, or another sponsor of the legislation as designated by the first chief sponsor.

�� (B) For legislation sponsored by a committee of the Legislative Assembly, the chair of the committee that sponsored the legislation at the time the legislation was introduced, or another member of the committee as designated by the chair.

�� (4) Upon request of an agency, the committee may agree to complete the rules review and reporting required by ORS 183.405 in place of the agency.

�� (5) Members of the committee shall be appointed to serve for terms of two years, but a member serves at the pleasure of the appointing authority. The appointing authority shall appoint a person to fill any vacancy on the committee for the expired term. A member may be reappointed to the committee.

�� (6) The members of the committee shall elect a chairperson from among the members of the committee. In the absence of a chairperson, the member appointed by the State Archivist shall serve as acting chairperson.

�� (7) A majority of the members of the committee constitutes a quorum for the transaction of business.

�� (8) The committee shall meet upon the call of the chairperson or upon a request of a majority of the members of the committee. The committee may meet by phone or video conference with at least 24 hours� public notice.

�� (9) The State Archives shall provide administrative support to the committee.

�� (10) Members of the committee are not entitled to compensation, but may be reimbursed from funds available to the State Archives for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495. [2018 c.20 �2; 2025 c.446 �2]

�� Note: 183.407 was added to and made a part of 183.325 to 183.410 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 183.410 Agency determination of applicability of rule or statute to petitioner; effect; judicial review. On petition of any interested person, any agency may in its discretion issue a declaratory ruling with respect to the applicability to any person, property, or state of facts of any rule or statute enforceable by it. A declaratory ruling is binding between the agency and the petitioner on the state of facts alleged, unless it is altered or set aside by a court. However, the agency may, where the ruling is adverse to the petitioner, review the ruling and alter it if requested by the petitioner. Binding rulings provided by this section are subject to review in the Court of Appeals in the manner provided in ORS 183.480 for the review of orders in contested cases. The Attorney General shall prescribe by rule the form for such petitions and the procedure for their submission, consideration and disposition. The petitioner shall have the right to submit briefs and present oral argument at any declaratory ruling proceeding held pursuant to this section. [1957 c.717 �7; 1971 c.734 �10; 1973 c.612 �5]

(Contested Cases)

�� 183.411 Delegation of final order authority. Unless otherwise provided by law, an agency may delegate authority to enter a final order in a proceeding or class of proceedings to an officer or employee of the agency, or to a class of officers or employees of the agency. A delegation of authority under this section must be made in writing before the issuance of any order pursuant to the delegation and must be retained in the agency�s records. [2007 c.116 �2]

�� Note: 183.411 was added to and made a part of ORS chapter 183 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 183.413 Notice to parties before hearing of rights and procedure; failure to provide notice. (1) The Legislative Assembly finds that parties to a contested case hearing have a right to be informed as to the procedures by which contested cases are heard by state agencies, their rights in hearings before state agencies, the import and effect of hearings before state agencies and their rights and remedies with respect to actions taken by state agencies. Accordingly, it is the purpose of subsections (2) and (3) of this section to set forth certain requirements of state agencies so that parties to contested case hearings shall be fully informed as to these matters when exercising their rights before state agencies.

�� (2) Prior to the commencement of a contested case hearing before any agency including those agencies identified in ORS 183.315, the agency shall serve personally or by mail a written notice to each party to the hearing that includes the following:

�� (a) The time and place of the hearing.

�� (b) A statement of the authority and jurisdiction under which the hearing is to be held.

�� (c) A statement that generally identifies the issues to be considered at the hearing.

�� (d) A statement indicating that the party may be represented by counsel and that legal aid organizations may be able to assist a party with limited financial resources.

�� (e) A statement that the party has the right to respond to all issues properly before the presiding officer and present evidence and witnesses on those issues.

�� (f) A statement indicating whether discovery is permitted and, if so, how discovery may be requested.

�� (g) A general description of the hearing procedure including the order of presentation of evidence, what kinds of evidence are admissible, whether objections may be made to the introduction of evidence and what kind of objections may be made and an explanation of the burdens of proof or burdens of going forward with the evidence.

�� (h) Whether a record will be made of the proceedings and the manner of making the record and its availability to the parties.

�� (i) The function of the record-making with respect to the perpetuation of the testimony and evidence and with respect to any appeal from the determination or order of the agency.

�� (j) Whether an attorney will represent the agency in the matters to be heard and whether the parties ordinarily and customarily are represented by an attorney.

�� (k) The title and function of the person presiding at the hearing with respect to the decision process, including, but not limited to, the manner in which the testimony and evidence taken by the person presiding at the hearing are reviewed, the effect of that person�s determination, who makes the final determination on behalf of the agency, whether the person presiding at the hearing is or is not an employee, officer or other representative of the agency and whether that person has the authority to make a final independent determination.

�� (L) In the event a party is not represented by an attorney, whether the party may during the course of proceedings request a recess if at that point the party determines that representation by an attorney is necessary to the protection of the party�s rights.

�� (m) Whether there exists an opportunity for an adjournment at the end of the hearing if the party then determines that additional evidence should be brought to the attention of the agency and the hearing reopened.

�� (n) Whether there exists an opportunity after the hearing and prior to the final determination or order of the agency to review and object to any proposed findings of fact, conclusions of law, summary of evidence or recommendations of the officer presiding at the hearing.

�� (o) A description of the appeal process from the determination or order of the agency.

�� (p) A statement that active duty servicemembers have a right to stay proceedings under the federal Servicemembers Civil Relief Act and may contact the Oregon State Bar or the Oregon Military Department for more information. The statement must include the toll-free telephone numbers for the Oregon State Bar and the Oregon Military Department and the Internet address for the United States Armed Forces Legal Assistance Legal Services Locator website.

�� (3) The failure of an agency to give notice of any item specified in subsection (2) of this section does not invalidate any determination or order of the agency unless upon an appeal from or review of the determination or order a court finds that the failure affects the substantial rights of the complaining party. In the event of such a finding, the court shall remand the matter to the agency for a reopening of the hearing and shall direct the agency as to what steps it shall take to remedy the prejudice to the rights of the complaining party. [1979 c.593 ��37,38,39; 1995 c.79 �63; 2007 c.288 �1; 2013 c.295 �1]

�� 183.415 Notice of right to hearing. (1) The Legislative Assembly finds that persons affected by actions taken by state agencies have a right to be informed of their rights and remedies with respect to the actions.

�� (2) In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice, served personally or by registered or certified mail.

�� (3) Notice under this section must include:

�� (a) A statement of the party�s right to hearing, with a description of the procedure and time to request a hearing, or a statement of the time and place of the hearing;

�� (b) A statement of the authority and jurisdiction under which the hearing is to be held;

�� (c) A reference to the particular sections of the statutes and rules involved;

�� (d) A short and plain statement of the matters asserted or charged;

�� (e) A statement indicating whether and under what circumstances an order by default may be entered; and

�� (f) A statement that active duty servicemembers have a right to stay proceedings under the federal Servicemembers Civil Relief Act and may contact the Oregon State Bar or the Oregon Military Department for more information. The statement must include the toll-free telephone numbers for the Oregon State Bar and the Oregon Military Department and the Internet address for the United States Armed Forces Legal Assistance Legal Services Locator website. [1971 c.734 �13; 1979 c.593 �18; 1985 c.757 �1; 1997 c.837 �2; 1999 c.849 ��27,28; 2003 c.75 �29; 2007 c.288 �2; 2013 c.295 �3]

�� 183.417 Procedure in contested case hearing. (1) In a contested case proceeding, the parties may elect to be represented by counsel and to respond and present evidence and argument on all issues properly before the presiding officer in the proceeding.

�� (2) Agencies may adopt rules of procedure governing participation in contested case proceedings by persons appearing as limited parties.

�� (3)(a) Unless prohibited by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order or default. Informal settlement may be made in license revocation proceedings by written agreement of the parties and the agency consenting to a suspension, fine or other form of intermediate sanction.

�� (b) Any informal disposition of a contested case, other than an informal disposition by default, must be in writing and signed by the party or parties to the contested case. The agency shall incorporate that disposition into a final order. An order under this paragraph is not subject to ORS 183.470. The agency shall deliver or mail a copy of the order to each party and to the attorney of record if the party is represented. An order that incorporates the informal disposition is a final order in a contested case, but is not subject to judicial review. A party may petition the agency to set aside a final order that incorporates the informal disposition on the ground that the informal disposition was obtained by fraud or duress.

�� (4) An order adverse to a party may be issued upon default only if a prima facie case is made on the record. The record on a default order includes all materials submitted by the party. The record on a default order may be made at the time of issuance of the order. If the record on the default order consists solely of an application and other materials submitted by the party, the agency shall so note in the order.

�� (5) At the commencement of a contested case hearing, the officer presiding at the hearing shall explain the issues involved in the hearing and the matters that the parties must either prove or disprove.

�� (6) Testimony at a contested case hearing shall be taken upon oath or affirmation of the witness. The officer presiding at the hearing shall administer oaths or affirmations to witnesses.

�� (7) The officer presiding at the hearing shall place on the record a statement of the substance of any written or oral ex parte communication on a fact in issue made to the officer during the pendency of the proceeding and notify the parties of the communication and of their right to rebut the communication. If an ex parte communication is made to an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605, the administrative law judge must comply with ORS 183.685.

�� (8) The officer presiding at the hearing shall ensure that the record developed at the hearing shows a full and fair inquiry into the facts necessary for consideration of all issues properly before the presiding officer in the case and the correct application of the law to those facts.

�� (9) The record in a contested case shall include:

�� (a) All pleadings, motions and intermediate rulings.

�� (b) Evidence received or considered.

�� (c) Stipulations.

�� (d) A statement of matters officially noticed.

�� (e) Questions and offers of proof, objections and rulings thereon.

�� (f) A statement of any ex parte communication that must be disclosed under subsection (7) of this section and that was made to the officer presiding at the hearing.

�� (g) Proposed findings and exceptions.

�� (h) Any proposed, intermediate or final order prepared by the agency or an administrative law judge.

�� (10) A verbatim oral, written or mechanical record shall be made of all motions, rulings and testimony in a contested case proceeding. The record need not be transcribed unless requested for purposes of rehearing or court review. The agency may charge the party requesting transcription the cost of a copy of transcription, unless the party files an appropriate affidavit of indigency. Upon petition, a court having jurisdiction to review under ORS 183.480 may reduce or eliminate the charge upon finding that it is equitable to do so, or that matters of general interest would be determined by review of the order of the agency. [2007 c.288 �4]

�� 183.418 [1973 c.386 �6; 1989 c.224 �11; 1991 c.750 �5; repealed by 1999 c.1041 �9]

�� 183.420 [1957 c.717 �8 (1); repealed by 1971 c.734 �21]

�� 183.421 [1991 c.750 �4; repealed by 1999 c.1041 �9]

�� 183.425 Depositions or subpoena of material witness; discovery. (1) On petition of any party to a contested case, or upon the agency�s own motion, the agency may order that the testimony of any material witness may be taken by deposition in the manner prescribed by law for depositions in civil actions. Depositions may also be taken by the use of audio or audio-visual recordings. The petition shall set forth the name and address of the witness whose testimony is desired, a showing of the materiality of the testimony of the witness, and a request for an order that the testimony of such witness be taken before an officer named in the petition for that purpose. If the witness resides in this state and is unwilling to appear, the agency may issue a subpoena as provided in ORS

ORS 183.435

183.435]

�� 670.290 Prohibited uses of juvenile records in employment, licensing or admission. It shall be unlawful for any state agency or licensing board, including the Oregon State Bar, to:

�� (1) Require that an applicant for employment, licensing or admission answer any questions regarding the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 to 419A.271;

�� (2) Bar or discharge from employment or refuse to hire or employ such individual because of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 to 419A.271; or

�� (3) Deny, revoke or suspend a license because of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 to 419A.271. [1977 c.801 �2; 1983 c.820 �16; 1993 c.33 �360; 2021 c.585 �11]

�� 670.300 Licensing and advisory board officers; quorum and meeting requirements; compensation and expenses of members. (1) Except as otherwise provided by law, each professional licensing and advisory board shall select annually one of its members as chairperson and another as vice chairperson, with such powers and duties necessary for the performance of the functions of such offices as the board shall determine.

�� (2) The majority of the members of the board constitutes a quorum for the transaction of business.

�� (3) The board shall meet at least once a year, not later than July 1, at a place, day and hour determined by the board. The board shall also meet at such other times and places as are specified by the call of the chairperson or a majority of the members of the board.

�� (4) Members of the board are entitled to compensation and expenses as provided in ORS 292.495. [1971 c.753 �8; 1987 c.414 �95]

�� 670.304 Application of ORS 670.300 to 670.380. Except as otherwise specifically provided, ORS 670.300 to 670.380 apply to the following professional licensing and advisory boards:

�� (1) Professional licensing and advisory boards established in the Office of the Secretary of State.

�� (2) The Oregon Board of Maritime Pilots.

�� (3) The Board of Cosmetology, in the Health Licensing Office.

�� (4) The State Board of Architect Examiners.

�� (5) The State Landscape Contractors Board.

�� (6) The State Board of Examiners for Engineering and Land Surveying.

�� (7) The State Landscape Architect Board.

�� (8) The State Board of Geologist Examiners.

�� (9) The State Board of Tax Practitioners.

�� (10) The Construction Contractors Board. [1987 c.414 �94; 1991 c.67 �176; 1993 c.744 �241; 1997 c.3 �2; 1997 c.21 �1; 1999 c.425 �28; 1999 c.885 �19; 2001 c.160 �1; 2005 c.648 �49; 2007 c.71 �219; 2007 c.768 �66; 2013 c.568 �10; 2015 c.451 �22]

�� 670.305 [1971 c.753 �9; repealed by 1973 c.659 �1 (670.306 enacted in lieu of 670.305)]

�� 670.306 Administrative officers for boards; other employees. (1) Subsections (2) and (3) of this section shall apply only to the following professional licensing boards:

�� (a) State Board of Architect Examiners.

�� (b) Construction Contractors Board.

�� (c) State Board of Examiners for Engineering and Land Surveying.

�� (d) State Landscape Architect Board.

�� (e) State Landscape Contractors Board.

�� (f) State Board of Tax Practitioners.

�� (2) A board shall fix the qualifications of and appoint an administrative officer. The determination of qualifications and appointment of an administrative officer shall be made after consultation with the Governor.

�� (3) An administrative officer of a board shall not be a member of that board.

�� (4) Subject to the applicable rules of the State Personnel Relations Law, the board shall fix the compensation of its administrator, who shall be in the unclassified service.

�� (5) Subject to applicable rules of the State Personnel Relations Law, the administrative officer shall appoint all subordinate employees, prescribe their duties and fix their compensation. [1973 c.659 �2 (enacted in lieu of 670.305); 1975 c.429 �7; 1975 c.464 �1; 1981 c.821 �2; 1987 c.414 �96; 1993 c.744 �242; 1995 c.79 �338; 1997 c.3 �3; 1997 c.21 �2; 1999 c.59 �199; 1999 c.322 �41; 2007 c.768 �67; 2015 c.451 �23]

�� 670.310 Rulemaking authority; board seal. (1) Except as otherwise provided by law and in accordance with any applicable provisions of ORS chapter 183, each professional licensing board and advisory board may make such rules as are necessary or proper for the administration of the laws such board is charged with administering.

�� (2) Each professional licensing board and advisory board may adopt a seal. [1971 c.753 �10; 1987 c.414 �97]

�� 670.315 Administration of oaths; obtaining and taking evidence at board proceedings; effect of failure to obey board subpoena. (1) Except as otherwise provided by law, each professional licensing board or advisory board, acting through its chairperson or vice chairperson or an administrative law judge, may administer oaths, take depositions and issue subpoenas to compel the attendance of witnesses and the production of books, papers, records, memoranda or other information necessary to the carrying out of the laws the board is charged with administering.

�� (2) If any person fails to comply with a subpoena issued under this section or refuses to testify on any matters on which the person may be lawfully interrogated, the procedure provided in ORS 183.440 shall be followed to compel obedience. [1971 c.753 �11; 1987 c.414 �98; 2003 c.75 �107]

�� 670.320 [1971 c.753 �12; repealed by 1987 c.414 �172]

�� 670.325 Proceedings on denial of license; restraining violations; authority of administrative law judge; record of proceedings. (1) All proceedings for the refusal to issue, or the suspension or revocation of any license, certificate of registration or other evidence of authority required to practice any profession subject to the authority of a professional licensing or advisory board shall be conducted pursuant to the procedure for contested cases required or authorized by ORS chapter 183.

�� (2) If a professional licensing or advisory board decides that any person has or is about to engage in any activity that is or will be a violation of law the board is charged with enforcing, the board may institute a proceeding in an appropriate circuit court to restrain the activity or proposed activity. An injunction may be issued without proof of actual damages, but does not relieve the defendant of any criminal liability.

�� (3) Any administrative law judge conducting a hearing for a professional licensing board is vested with full authority of the board to schedule and conduct hearings on behalf and in the name of the board on all matters referred to the administrative law judge for hearing by the board, including proceedings for placing persons registered or licensed by the board on probation and for suspension and revocation of registration or licenses, and shall cause to be prepared and furnished to the board, for decision thereon by the board, a complete written transcript of the record of the hearing. The transcript shall contain all evidence introduced at the hearing and all pleas, motions and objections and all rulings of the administrative law judge. Each administrative law judge may administer oaths and issue summonses, notices and subpoenas, but may not place any registrant or licensee on probation or issue, refuse, suspend or revoke a registration or license. [1971 c.753 �13; 1987 c.414 �99; 1999 c.849 �155; 2003 c.75 �108]

�� 670.330 [1971 c.753 �14; renumbered

ORS 183.470

183.470.

�� (3) Except as provided in ORS 58.365, any corporation may appeal from the final order of the regulatory board as provided in ORS 183.480. [1969 c.592 �26; 1973 c.612 �8; 1993 c.235 �22; 2007 c.288 �6]

�� 58.365 Oregon State Bar as regulating board for attorneys; appeals from Oregon State Bar to Supreme Court; rules applicable to corporations rendering legal services. (1) For the purpose of this chapter the regulatory board for attorneys shall be the Board of Governors of the Oregon State Bar.

�� (2) Appeal under ORS 58.355 from determinations of the Board of Governors of the Oregon State Bar shall be directly to the Supreme Court of the State of Oregon, and the procedure for appeal to the Supreme Court shall be the same as procedure for appeal to the Court of Appeals under ORS 58.355 from decisions of regulatory boards other than the Board of Governors of the Oregon State Bar.

�� (3) The Supreme Court of the State of Oregon shall have the power to make rules and regulations regarding certification or registration of corporations organized to provide legal service, not inconsistent with this chapter. [1969 c.592 �27; 1973 c.612 �9; 1993 c.235 �23]

�� 58.367 Authority of regulatory board to establish rules affecting professional corporation. Except as otherwise provided by law, the regulatory board applicable to each professional service rendered by a professional corporation may establish rules and regulations affecting the corporation and its officers, directors and shareholders that are in addition to the provisions of this chapter. [1997 c.774 �4]

�� 58.369 Application of chapter to practice of dentistry. Nothing in this chapter is intended to supersede the provisions of ORS 679.020. [1997 c.774 �27]

�� 58.375 [1997 c.774 �17; 2007 c.557 �1; 2017 c.336 �1; 2025 c.295 �2; renumbered 58.500 in 2025]

�� 58.376 [2017 c.179 �2; 2024 c.73 �21; 2025 c.295 �3; renumbered 58.503 in 2025]

�� 58.377 [1997 c.774 �18; 2003 c.576 �317; renumbered 58.509 in 2025]

�� 58.379 [1997 c.774 �19; renumbered 58.512 in 2025]

�� 58.381 [1997 c.774 �20; renumbered 58.515 in 2025]

�� 58.383 [1997 c.774 �21; renumbered 58.518 in 2025]

�� 58.385 [1997 c.774 �22; renumbered 58.521 in 2025]

�� 58.387 [1997 c.774 �23; 2019 c.165 �31; renumbered 58.524 in 2025]

�� 58.389 [1997 c.774 �24; renumbered 58.527 in 2025]

FILING DOCUMENTS

�� 58.400 Filing requirements. (1)(a) For the Secretary of State to file a document under this chapter, the document must:

�� (A) Satisfy the requirements set forth in this section and any other requirements in this chapter that supplement or modify the requirements set forth in this section.

�� (B) Be a type of document that this chapter or another law requires or permits a person to file with the Secretary of State.

�� (C) Include the information this chapter requires.

�� (D) Be legibly written in the English language and in the alphabet used to write the English language, except as provided in subsections (3) and (4) of this section.

�� (E) Be delivered to the Secretary of State along with required fees. Delivery occurs only when the Secretary of State actually receives the document.

�� (b) The document may include:

�� (A) Information other than the information required under paragraph (a) of this subsection;

�� (B) Arabic or Roman numerals and incidental punctuation;

�� (C) The seal of the domestic professional corporation or foreign professional corporation;

�� (D) An attestation by the secretary or an assistant secretary of the domestic professional corporation or foreign professional corporation; or

�� (E) An acknowledgement, verification or proof.

�� (2)(a) A person that executes a document for filing under this section must be:

�� (A) The chairperson of the board of directors, the president or another officer of a domestic professional corporation or foreign professional corporation;

�� (B) An incorporator, if directors of the domestic professional corporation or foreign professional corporation have not been selected or if the document is presented for filing before an organizational meeting has occurred;

�� (C) A receiver, trustee or other court-appointed fiduciary, if the domestic professional corporation or foreign professional corporation is subject to the control of the receiver, trustee or fiduciary; or

�� (D) An agent of a person identified in this paragraph, if the person authorizes the agent to execute the document.

�� (b) The person that executes the document shall state beneath or opposite the person�s signature the person�s name and the capacity in which the person signs.

�� (3)(a) If under ORS 58.440 the Secretary of State has prescribed a mandatory form for a document, including an electronic form, the document must be in or on the prescribed form.

�� (b) The Secretary of State shall make versions of the form described in paragraph (a) of this subsection available in at least the five languages that are most commonly spoken and written in this state by persons with limited proficiency in the English language. Each version of the form must include an English translation of the form�s contents.

�� (c) For the purpose described in paragraph (b) of this subsection, the Secretary of State shall specify Spanish, Chinese, Vietnamese, Russian and Korean as the five languages that are most commonly spoken and written in this state by persons with limited proficiency in the English language. The Secretary of State shall review the specification in this paragraph after the completion of the 2030 United States Census and each subsequent decennial census and shall recommend in a report to the Joint Committee on Ways and Means any changes in the specification that the Secretary of State deems necessary. The Secretary of State may change the specification only after receiving the approval of the Legislative Assembly and an appropriation in an amount that is sufficient to pay the costs of updating each version of the mandatory form and any system the Secretary of State uses to process the mandatory form.

�� (d) If a person completes with, or attaches to, a form described in paragraph (a) or (b) of this subsection information written in a language other than English, the person shall submit a reasonably authenticated English translation of the information along with the form.

�� (4) A certificate of existence required for a foreign professional corporation may be written in a language other than English if a reasonably authenticated English translation accompanies the certificate. [1987 c.94 �4; 1999 c.486 �3; 2013 c.159 �1; 2019 c.597 �1]

�� 58.410 Filing, service, copying and certification fees. The Secretary of State shall collect the fees described in ORS 56.140 for each document delivered for filing under this chapter and for process served on the secretary under this chapter. The secretary may collect the fees described in ORS 56.140 for copying any public record under this chapter, certifying the copy or certifying to other facts of record under this chapter. [1987 c.94 �6; 1989 c.383 �2; 1991 c.132 �2; 1999 c.362 ��2,2a]

�� 58.420 Effective time and date of document. (1) Except as provided in subsection (2) of this section and ORS 58.430, a document accepted for filing is effective on the date it is filed by the Secretary of State and at the time, if any, specified in the document as its effective time.

�� (2) If a document specifies a delayed effective time and date, the document becomes effective at the time and date specified. If a document specifies a delayed effective date but no time, the document becomes effective on that date. A delayed effective date for a document may not be later than the 90th day after the date it is filed. [1987 c.94 �7]

�� 58.430 Correcting filed document. (1) A domestic or foreign professional corporation may correct a document filed by the Secretary of State, other than an annual report, if the document contains an incorrect statement or was defectively executed, attested, sealed, verified or acknowledged.

�� (2) A domestic or foreign professional corporation shall correct a document by delivering articles of correction to the Office of Secretary of State. The articles shall include the following:

�� (a) A description of the document, including its filing date, or a copy of the document.

�� (b) The incorrect statement and the reason it is incorrect, or a description of the manner in which the execution, attestation, seal, verification or acknowledgment is defective.

�� (c) A correction of the incorrect statement or defective execution, attestation, seal, verification or acknowledgment.

�� (3) Articles of correction are effective on the effective date of the document they correct except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, articles of correction are effective when filed. [1987 c.94 �8]

�� 58.440 Forms; rules. Upon request, the Secretary of State may furnish forms for documents required or permitted to be filed by this chapter. The Secretary of State may by rule require the use of the forms. [1987 c.94 �5; 1995 c.215 �5]

�� 58.450 Filing duty of Secretary of State; rules. (1) If a document delivered to the Office of Secretary of State for filing satisfies the requirements of ORS 58.400, the Secretary of State shall file it.

�� (2) The Secretary of State files a document by indicating thereon that it has been filed by the Secretary of State and the date of filing. After filing a document, except as provided in ORS 58.225, 60.114, 60.117, 60.724 and 60.727, the Secretary of State shall return an acknowledgment of filing to the professional corporation or its representative.

�� (3) If the Secretary of State refuses to file a document, the Secretary of State shall return it to the professional corporation or its representative within 10 business days after the document was delivered together with a brief written explanation of the reason for the refusal.

�� (4) The Secretary of State�s duty to file documents under this section is ministerial and is limited in scope of review as set out by rule of the Secretary of State. The Secretary of State is not required to verify or inquire into the legality or truth of any matter included in any document delivered to the Office of Secretary of State for filing. The Secretary of State�s filing or refusing to file a document does not:

�� (a) Affect the validity or invalidity of the document in whole or part; or

�� (b) Relate to the correctness or incorrectness of information contained in the document.

�� (5) The Secretary of State�s refusal to file a document does not create a presumption that the document is invalid or that information contained in the document is incorrect. [1987 c.94 �9; 1999 c.486 �4]

�� 58.455 Penalty for signing false document. (1) A person commits the crime of signing a false document for filing if the person:

�� (a) Knows the document is false in any material respect; and

�� (b) Signs the document with an intent that the document be delivered to the office of the Secretary of State for filing under this chapter.

�� (2) Signing a false document for filing is a Class A misdemeanor. [2013 c.158 �4]

�� 58.460 Appeal from Secretary of State�s refusal to file document. If the Secretary of State refuses to file a document delivered to the Office of Secretary of State for filing, the domestic or foreign professional corporation, in addition to any other legal remedy that may be available, shall have the right to appeal from such order pursuant to the provisions of ORS 183.480. [1987 c.94 �10]

�� 58.470 Evidentiary effect of copy of filed document. (1) A certificate attached to a copy of a document filed by the Secretary of State, bearing the Secretary of State�s signature, which may be in facsimile, is conclusive evidence that the original document, or a facsimile thereof, is on file with the Office of Secretary of State.

�� (2) The provisions of ORS 56.110 apply to all documents filed pursuant to this chapter. [1987 c.94 �11]

�� 58.480 Certificate of existence or authorization. (1) Anyone may apply to the Secretary of State to furnish a certificate of existence for a domestic professional corporation or a certificate of authorization for a foreign professional corporation.

�� (2) A certificate of existence or authorization when issued means that:

�� (a) The domestic professional corporation�s corporate name or the foreign professional corporation�s corporate name is registered in this state;

�� (b) The domestic professional corporation is duly incorporated under the law of this state, or the foreign professional corporation is authorized to transact business in this state;

�� (c) All fees payable to the Secretary of State under this chapter have been paid, if nonpayment affects the existence or authorization of the domestic or foreign professional corporation;

�� (d) An annual report required by ORS 58.225 has been filed by the Secretary of State within the preceding 14 months; and

�� (e) Articles of dissolution or an application for withdrawal have not been filed by the Secretary of State.

�� (3) A person may apply to the Secretary of State to issue a certificate covering any fact of record. [1987 c.94 �12]

SECRETARY OF STATE

�� 58.490 Powers. The Secretary of State has the power reasonably necessary to perform the duties required of the Secretary of State by this chapter. [1987 c.94 �13]

PRACTICING MEDICINE AND RENDERING HEALTH CARE SERVICES

�� 58.500 Requirements for professional corporations organized to practice medicine; application to various entities. (1) As used in this section, �professional corporation� means a professional corporation organized for the purpose of practicing medicine.

�� (2) In a professional corporation:

�� (a) Physicians who are licensed in this state to practice medicine must hold the majority of each class of shares that are entitled to vote.

�� (b) Physicians who are licensed in this state to practice medicine must be a majority of the directors.

�� (c) All officers except the secretary and treasurer, if any, must be physicians who are licensed in this state to practice medicine. The same person may hold any two or more offices.

�� (d) Except as otherwise provided by law, the Oregon Medical Board may expressly require that physicians who are licensed in this state to practice medicine hold more than a majority of each class of shares that is entitled to vote.

�� (e) Except as otherwise provided by law, the Oregon Medical Board may expressly require that physicians who are licensed in this state to practice medicine be more than a majority of the directors.

�� (3) A corporation that is not organized for the purpose of practicing medicine may be a shareholder of a professional corporation solely for the purpose of effecting a reorganization as defined in the Internal Revenue Code.

�� (4)(a) Except as provided in paragraph (b) of this subsection, a professional corporation may not provide in the professional corporation�s articles of incorporation or bylaws, or by means of a contract or other agreement or arrangement, for removing a director described in subsection (2)(b) of this section from the professional corporation�s board of directors, or an officer described in subsection (2)(c) of this section from an office of the professional corporation, except by a majority vote of the shareholders described in subsection (2)(a) of this section or, as appropriate, a majority vote of the directors described in subsection (2)(b) of this section.

�� (b) A professional corporation may remove a director or officer by means other than a majority vote of the shareholders described in subsection (2)(a) of this section or a majority vote of the directors described in subsection (2)(b) of this section if the director or officer that is subject to removal:

�� (A) Violated a duty of care, a duty of loyalty or another fiduciary duty to the professional corporation;

�� (B) Was the subject of a disciplinary proceeding by the Oregon Medical Board in which the board suspended or revoked the director�s or officer�s license to practice medicine in this state;

�� (C) Engaged in fraud, misfeasance or malfeasance with respect to the director�s or officer�s performance of duties for or on behalf of the professional corporation;

�� (D) Resigned, separated or was terminated from employment with the professional corporation; or

�� (E) Failed to meet standards or criteria the professional corporation established for a position as a director or officer.

�� (5) A professional corporation may relinquish or transfer control over the professional corporation�s administrative, business or clinical operations only if the professional corporation executes a shareholder agreement exclusively between or among and for the benefit of a majority of shareholders who are physicians licensed in this state to practice medicine and the shareholder agreement complies with the provisions of ORS 60.265.

�� (6)(a) The provisions of this section do not apply to:

�� (A) A nonprofit corporation that is organized under the laws of this state to provide medical services to migrant, rural, homeless or other medically underserved populations under 42 U.S.C. 254b or 254c, as in effect on June 9, 2025;

�� (B) A health center that is qualified under 42 U.S.C. 1396d(1)(2)(B), as in effect on June 9, 2025, that operates in compliance with other applicable state or federal law; or

�� (C) Except as provided in paragraph (b) of this subsection, a for-profit or nonprofit business entity that is incorporated or organized under the laws of this state, that provides the entirety of the business entity�s medical services through one or more rural health clinics, as defined in 42 U.S.C. 1395x, as in effect on June 9, 2025, and that operates in compliance with state and federal laws that apply to rural health clinics.

�� (b) A business entity is exempt under this subsection for a period of up to one year after the business entity establishes a rural health clinic, even though the rural health clinic that the business entity establishes does not meet all of the elements of the definition set forth in 42 U.S.C. 1395x, as in effect on June 9, 2025, if during the one-year period an applicable certification for the rural health clinic is pending. [Formerly 58.375]

�� 58.503 Requirements for professional corporations organized to render professional health care services. (1) As used in this section:

�� (a) �Licensee� means an individual who has a license as a physician or a license as a physician associate from the Oregon Medical Board or who has a license as a nurse practitioner from the Oregon State Board of Nursing.

�� (b) �Professional corporation� means a professional corporation that is organized for the purpose of enabling physicians, physician associates and nurse practitioners to jointly render professional health care services.

�� (2) In a professional corporation, licensees must:

�� (a) Hold a majority of each class of shares of the professional corporation that is entitled to vote; and

�� (b) Be a majority of the directors of the professional corporation.

�� (3) An individual whom the professional corporation employs, or an individual who owns an interest in the professional corporation, may not direct or control the professional judgment of a licensee who is practicing within the professional corporation and within the scope of practice permitted under the licensee�s license.

�� (4) A licensee whom the professional corporation employs, or a licensee who owns an interest in the professional corporation, may not direct or control the services of another licensee who is practicing within the professional corporation unless the other licensee is also practicing within the scope of practice permitted under the licensee�s license.

�� (5)(a) Except as provided in paragraph (b) of this subsection, a professional corporation may not provide in the professional corporation�s articles of incorporation or bylaws, or by means of a contract or other agreement or arrangement, for removing a director described in subsection (2)(b) of this section from the professional corporation�s board of directors, except by a majority vote of the shareholders described in subsection (2)(a) of this section or, as appropriate, a majority vote of the directors described in subsection (2)(b) of this section.

�� (b) A professional corporation may remove a director by means other than a majority vote of the shareholders described in subsection (2)(a) of this section or a majority vote of the directors described in subsection (2)(b) of this section if the director that is subject to removal:

�� (A) Violated a duty of care, a duty of loyalty or another fiduciary duty to the professional corporation;

�� (B) Was the subject of a disciplinary proceeding by the regulatory board that governs the director�s practice as a licensee in which the board suspended or revoked the director�s license;

�� (C) Engaged in fraud, misfeasance or malfeasance with respect to the director�s performance of duties for or on behalf of the professional corporation;

�� (D) Resigned, separated or was terminated from employment with the professional corporation; or

�� (E) Failed to meet standards or criteria the professional corporation established for a position as a director.

�� (6) A professional corporation may relinquish or transfer control over the professional corporation�s administrative, business or clinical operations only if the professional corporation executes a shareholder agreement exclusively between or among and for the benefit of a majority of shareholders described in subsection (2)(a) of this section and the shareholder agreement complies with the provisions of ORS 60.265.

�� (7) A professional corporation that is subject to ORS 58.500 may elect to become subject to this section by amending the professional corporation�s articles of incorporation or bylaws. [Formerly 58.376]

�� 58.506 Requirements for professional corporations organized for the purpose of practicing naturopathic medicine. (1) As used in this section:

�� (a) �Naturopathic medicine� has the meaning given that term in ORS 685.010.

�� (b) �Naturopathic physician� has the meaning given that term in ORS 685.010.

�� (c) �Professional corporation� means a professional corporation organized for the purpose of practicing naturopathic medicine or a foreign professional corporation with authority to transact business in this state that is organized for the purpose of practicing naturopathic medicine.

�� (2)(a) In a professional corporation, naturopathic physicians must:

�� (A) Hold a majority of each class of shares of the professional corporation that is entitled to vote; and

�� (B) Be a majority of the directors of the professional corporation.

�� (b) All officers of a professional corporation, except the secretary and treasurer, if any, must be naturopathic physicians. The same person may hold any two or more offices.

�� (3) An individual whom the professional corporation employs, or an individual who owns an interest in the professional corporation, may not direct or control the professional judgment of a naturopathic physician who is practicing within the professional corporation and within the scope of practice permitted under the naturopathic physician�s license.

�� (4)(a) Except as provided in paragraph (b) of this subsection, a professional corporation may not provide in the professional corporation�s articles of incorporation or bylaws, or by means of a contract or other agreement or arrangement, for removing a director described in subsection (2)(a)(B) of this section from the professional corporation�s board of directors, or an officer described in subsection (2)(b) of this section from an office of the professional corporation, except by a majority vote of the shareholders described in subsection (2)(a)(A) of this section or, as appropriate, a majority vote of the directors described in subsection (2)(a)(B) of this section.

�� (b) A professional corporation may remove a director or officer by means other than a majority vote of the shareholders described in subsection (2)(a)(A) of this section or a majority vote of the directors described in subsection (2)(a)(B) of this section if the director or officer that is subject to removal:

�� (A) Violated a duty of care, a duty of loyalty or another fiduciary duty to the professional corporation;

�� (B) Was the subject of a disciplinary proceeding by the Oregon Board of Naturopathic Medicine in which the board suspended or revoked the director�s or officer�s license; or

�� (C) Engaged in fraud, misfeasance or malfeasance with respect to the director�s or officer�s performance of duties for or on behalf of the professional corporation.

�� (5) A professional corporation may relinquish or transfer control over the professional corporation�s administrative, business or clinical operations only if the professional corporation executes a shareholder agreement exclusively between or among and for the benefit of a majority of shareholders who are naturopathic physicians licensed in this state to practice naturopathic medicine and the shareholder agreement complies with the provisions of ORS

ORS 183.485

183.485 and 183.490 to 183.540, dealing with contested cases. [1975 c.546 �5a]

�� 446.260 Notification by manufacturer of manufactured home defect; other disclosures; rules. (1) Every manufacturer of manufactured homes offered for sale or lease in this state shall furnish notification of any defect in any manufactured home produced by the manufacturer that the manufacturer determines, in good faith, relates to a federal manufactured housing construction or safety standard or constitutes an imminent safety hazard to the purchaser of the manufactured home, within a reasonable time after such manufacturer has discovered the defect.

�� (2) The Director of the Department of Consumer and Business Services is authorized to adopt rules for notification required by subsection (1) of this section. The rules shall conform to notification and correction of defects and record keeping requirements of the Secretary of Housing and Urban Development under the National Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law 93-383).

�� (3)(a) In addition to the notification required under subsection (1) of this section, the director may adopt rules to identify the disclosures required of a dealer or distributor prior to the sale of new manufactured dwellings more than eight feet six inches wide in travel mode. Disclosure required under this subsection shall be limited to information regarding permissible uses, roof snow loads and anchoring of manufactured dwellings.

�� (b) The Department of Consumer and Business Services shall develop and make a standard disclosure available to dealers and distributors. The disclosure shall be completed in writing by the dealer or distributor prior to sale of an affected manufactured dwelling. The dealer or distributor shall present a completed disclosure to the purchaser for signature at the time of sale and provide a copy of the signed disclosure to the purchaser. The dealer or distributor shall retain the signed disclosure for not less than five years following the date of sale. [1975 c.546 �6; 1989 c.648 �26; 1991 c.226 �8; 1997 c.205 �6; 1999 c.59 �124; 2019 c.422 �12]

�� 446.265 [1999 c.758 �6; 2019 c.411 �1; 2019 c.422 �13; 2021 c.18 �5; renumbered 197.746 in 2021]

�� 446.270 [1975 c.546 �7; 1977 c.161 �4; 1979 c.342 �2; 1979 c.593 �32a; 1981 c.897 �51; 1989 c.648 �27; 1991 c.226 �9; repealed by 2001 c.411 �31]

�� 446.271 Civil penalty for violation of ORS 446.003 to 446.200 or 446.225 to 446.285 or related rules. The Department of Consumer and Business Services may impose a civil penalty for a violation of ORS 446.003 to 446.200 or 446.225 to 446.285 or rules adopted or orders issued for the administration or enforcement of those sections. The department shall impose a civil penalty authorized by this section as provided in ORS 455.895. [2001 c.411 �2]

�� 446.280 Duties of Residential and Manufactured Structures Board regarding manufactured housing and facilities. The Residential and Manufactured Structures Board shall serve in an advisory capacity to the Director of the Department of Consumer and Business Services in promulgating, administering and enforcing the plan for the administration and enforcement of the National Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law 93-383) and safety standards pursuant to ORS

ORS 184.802

184.802; 1997 c.249 �156; 2003 c.14 �289; 2003 c.186 �15; 2007 c.100 �28; 2009 c.64 �3; 2009 c.407 �2; 2021 c.367 �27; 2021 c.448 �3]

�� 458.510 Energy Crisis Trust Fund. (1) There is established an Energy Crisis Trust Fund, separate and distinct from the General Fund, in the State Treasury. As permitted by federal court decisions, federal statutory requirements and administrative decisions, funds from the Petroleum Violation Escrow Fund made available to the Housing and Community Services Department for the Energy Crisis Trust Fund and any gift, grant, appropriation or donation for the purpose of the Energy Crisis Trust Fund shall be deposited by the State Treasurer and credited to the Energy Crisis Trust Fund. The State Treasurer shall credit monthly to the fund any interest or other income derived from the fund or the investing of the fund. All moneys in the fund are continuously appropriated to the Housing and Community Services Department for the purpose of providing low income home energy assistance.

�� (2) If moneys are donated to the fund for low income energy assistance by a home heating fuel or energy service provider that allows its customers to contribute to the program, that money so donated shall be redistributed through the Energy Crisis Trust Fund only within the service area of that home heating fuel or energy service provider.

�� (3) The Housing and Community Services Department shall contract with a private nonprofit or public organization or agency for the distribution of moneys in the Energy Crisis Trust Fund. The department or the contractor shall administer and distribute the funds in accordance with:

�� (a) The Low Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.); and

�� (b) The Petroleum Violation Escrow Fund regulations. [Formerly 184.803; 1997 c.249 �157; 2015 c.180 �17]

�� 458.515 Oregon Housing Stability Council to advise and assist department regarding low income home energy assistance. The Oregon Housing Stability Council, in conjunction with the Community Action Partnership of Oregon, shall advise and assist the Housing and Community Services Department with rules, policies and programs regarding low income home energy assistance provided for under ORS 458.510. [Formerly 184.804; 1997 c.249 �158; 2007 c.70 �265; 2011 c.566 �1; 2015 c.180 �18]

HUNGER AND HOMELESSNESS

�� 458.525 Duties of council in coordinating and monitoring homelessness relief efforts. The Oregon Housing Stability Council shall be responsible for receiving the recommendations of any state body relating to the issue of homelessness, and for forwarding the recommendations and proposals to state agencies or other public or private organizations for action that the council deems appropriate:

�� (1) To ensure the coordination of state agency homelessness relief efforts;

�� (2) To ensure that homelessness relief efforts operate efficiently and effectively;

�� (3) To monitor the utilization of federal homelessness relief efforts and provide outreach to expand underutilized programs; and

�� (4) To encourage the coordination of state and local programs and public and private antipoverty programs. [1993 c.271 �1; 1997 c.249 �159; 2001 c.109 �1; 2001 c.900 �202; 2007 c.145 �1; 2009 c.407 �3; 2009 c.595 �939; 2012 c.37 �65; 2013 c.624 �34; 2015 c.180 �19; 2015 c.366 �94]

�� 458.528 Policy on homelessness. (1) As used in this section, �homelessness� means the lack of a decent, safe, stable and permanent place to live that is fit for human habitation.

�� (2) The Legislative Assembly finds and declares that:

�� (a) Homelessness is a detriment to individuals, families and communities. The effects of homelessness impact quality of life, productivity and self-sufficiency, career and educational opportunities, health and wellness. Those effects may also extend to future generations.

�� (b) Preventing and ending homelessness is important for all levels of government, business and the community.

�� (3) The Housing and Community Services Department and the Department of Human Services shall serve as the lead agencies in administering the state policy regarding homelessness.

�� (4) It is the policy of this state that the Housing and Community Services Department, the Department of Human Services, the Oregon Housing Stability Council and the Community Action Partnership of Oregon work to encourage innovation by state, regional and local agencies that will create the comprehensive and collaborative support system and housing resources vital for a successful campaign to end and prevent homelessness. The comprehensive and collaborative support system should include, but not be limited to:

�� (a) The redesign of existing response systems to homelessness to include a realignment of services with permanent housing.

�� (b) The inclusion of community-based treatment, outreach services, early intervention strategies, housing and service management and an interagency system that can address individuals with compound needs.

�� (c) The coordination of multiagency services provided to people with chronic needs, older adults and homeless and runaway youths, including but not limited to criminal justice, housing, public welfare, health, mental health and youth and family services, to create integrated and cost-effective programs that deliver housing and service needs of homeless persons in a seamless and timely manner.

�� (d) Programs of care for the homeless that have an accompanying set of outcomes to increase accountability and further development of more effective methods in reaching client outcome goals and cost effectiveness. Outcomes for increasing the accountability of programs of care for the homeless include shortening the length of stay in emergency housing, eliminating repeated periods of homelessness and addressing the issue of homelessness in all areas of the state.

�� (e) An individualized approach to the homeless person that includes an assessment of individual needs, identification of appropriate solutions that may include services, coordination and cost-effective use of support across agencies and appropriate monitoring and evaluation of the homeless person�s individual progress. [2009 c.407 �1; 2015 c.180 �20]

�� Note: 458.528 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 458 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� Note: Sections 1, 2 and 4, chapter 510, Oregon Laws 2025, provide:

�� Sec. 1. Statewide shelter program; responsibilities of shelters receiving funds; rules. (1) As used in this section and section 2 of this 2025 Act:

�� (a) �Planning partners� includes shelter providers, local jurisdictions, housing authorities, community action agencies, continuums of care, day center service providers, rehousing services providers, county mental health providers and coordinated care organizations.

�� (b) �Program� means the statewide shelter program established under this section and section 2 of this 2025 Act.

�� (c) �Regional assessment� means an assessment of current conditions, resources and outcomes relating to homelessness for the region.

�� (d) �Regional coordinator� means a local government or nonprofit public benefit corporation that develops a regional assessment and plan and an annual report, and receives and distributes program funds for the region.

�� (e) �Regional plan� means a plan that details the services and outcomes for the region that will be supported with program funds.

�� (f) �Shelter� means a facility designed to provide temporary living arrangements on an emergency or transitional basis as may be further defined by the Housing and Community Services Department by rule.

�� (g) �Shelter provider� means any person or local government that operates or funds shelters.

�� (2) The Housing and Community Services Department shall establish a statewide shelter program for the purposes of reducing unsheltered homelessness and transitioning people from experiencing homelessness into housing stability.

�� (3) In implementing the program, the department shall:

�� (a) Focus on the outcomes of reducing unsheltered homelessness, transitioning people experiencing homelessness to housing stability and housing retention for people rehoused through the program;

�� (b) Foster equity in outcomes for those disproportionately impacted by structural inequities in homelessness and the homelessness response system;

�� (c) Require regional coordination in planning, funding and services;

�� (d) Provide flexibility to allow regional coordinators and shelter providers to meet the needs of each community;

�� (e) Facilitate consistent, predictable and trackable systems and services that allow the state, regional coordinators and shelter providers to plan for needs and reduce administrative burdens; and

�� (f) Ensure accountability for regional coordinators and shelter providers for minimum expectations and outcomes.

�� (4) Shelters receiving program funds must:

�� (a) Primarily be available throughout the day and night, seven days a week, and during all seasons and weather;

�� (b) Prioritize immediate access to shelter or transitional, temporary, permanent or other housing to provide stability and retention of housing;

�� (c) Conduct operations and services using evidence-based practices, cultural responsivity, nondiscrimination and harm reduction; and

�� (d) Use coordinated entry and homeless management information systems to ensure integration with federal systems and data collection.

�� (5) The department shall adopt rules to administer the program, which must include rules establishing:

�� (a) Guidelines and funding agreements applicable to regional plans and funded shelters;

�� (b) Shelter types and services that may be eligible to receive funding from the regional coordinators;

�� (c) Minimum habitability and service requirements for each eligible shelter type;

�� (d) Policies regarding low-barrier and nonexclusionary shelter programs;

�� (e) Policies regarding exit and separation from shelter services;

�� (f) The requirements of agreements between regional coordinators and shelter providers; and

�� (g) A funding formula as described in section 2 (8) of this 2025 Act.

�� (6) Regional coordinators, regional plans and shelter providers may not establish requirements for services or use of funds different from, or in addition to, the requirements established by the department without review and approval by the department.

�� (7) Not later than November 15 of each year, the department shall submit, in the manner required under ORS 192.245, a report to the interim committees of the Legislative Assembly related to housing on the status and outcomes of the program. [2025 c.510 �1]

�� Sec. 2. Regional coordination, assessments, plans and reports. (1) The Housing and Community Services Department, after consultation with local planning partners, shall divide the state into regions, each no smaller than a single county, through which the statewide shelter program established under section 1 of this 2025 Act is implemented.

�� (2) The department, after consultation with local planning partners, shall establish and administer a process by which the department selects a regional coordinator for each region of the state.

�� (3) Upon selecting a regional coordinator, the department shall enter into an agreement with a five-year to six-year term and which the department may agree to renew on a noncompetitive basis. During an agreement term, the department shall provide ongoing funding to operate the program to the regional coordinator. The department may only terminate the agreement during its term for good cause.

�� (4) Each regional coordinator is responsible for completing and submitting to the department:

�� (a) A regional assessment, once within the first year of the agreement term, which must include, within the region:

�� (A) Counts and the current conditions of individuals experiencing sheltered and unsheltered homelessness;

�� (B) The amount of federal, state and local funds spent on homelessness services by service type;

�� (C) Identification of current shelters and their services and capacity;

�� (D) Identification of planning partners for the regional plan;

�� (E) Community identified needs and priorities related to shelter and shelter services; and

�� (F) Other information or data collection as required by the department.

�� (b) A regional plan, updated every two years, that includes:

�� (A) Proposed actions to be taken by the regional coordinator and planning partners to further the values and purposes of the program;

�� (B) Proposed homelessness services and outcomes to be implemented by the regional coordinator, planning partners and shelter providers to address findings in the regional assessment;

�� (C) A proposed budget to fund the maintenance or expansion of eligible shelters and services through shelter providers within the region and to administer program moneys; and

�� (D) Other information or data collection as required by the department.

�� (c) An annual report, after the first year of the first agreement term, reporting on the progress made under the regional plan.

�� (5) Regional plans:

�� (a) Must prioritize:

�� (A) System capacity that provides shelter availability throughout the day and night, seven days a week, and during all seasons and weather.

�� (B) Ongoing stability for existing shelters receiving state funding.

�� (b) Must support culturally specific and rural shelter providers and planning partners to meet the unique needs of communities.

�� (c) Must integrate and support tribal sovereignty.

�� (d) May include, as appropriate, diverse housing-focused shelter options, including:

�� (A) Congregate and noncongregate shelters that meet habitability requirements established by the department; or

�� (B) Safe temporary emergency placement sites that meet health and safety requirements established by the department for the purposes of vehicular camping or siting basic freestanding structures that are structurally sound, are weatherproof and have a locking door.

�� (6)(a) A regional coordinator shall ensure that at least 70 percent of regional shelter funding is provided for shelters providing low-barrier practices with the balance available for recovery-based shelter.

�� (b) As used in this subsection:

�� (A) �Low-barrier� has the meaning given that term by rule by the department.

�� (B) �Recovery-based shelter� means shelter that provides optional recovery systems that are client-driven and support social integration, support services and respect for individuals, and as may be further defined by the department by rule.

�� (7) The department shall review each submitted regional assessment, plan and report for compliance with program requirements and alignment with the state homelessness response. The department may approve, approve with conditions or request changes and resubmission of a proposed regional assessment. The department, in its discretion, may withhold program funding to a regional coordinator until the approval of the regional assessment, plan or annual report.

�� (8) In providing funding to the regions through the program, the department shall establish a funding formula that considers:

�� (a) Needs of the region; and

�� (b) Past performance of the region.

�� (9) The department shall establish a formal grievance system to review, track and mediate disputes between shelter providers and regional coordinators. The grievance system may not issue orders or otherwise adjudicate disputes. [2025 c.510 �2]

�� Sec. 4. Sections 1 and 2 of this 2025 Act are repealed on January 2, 2034. [2025 c.510 �4]

�� 458.530 Policy on hunger. (1) The Department of Human Services shall serve as the lead public body in administering the state policy on hunger.

�� (2) The Legislative Assembly finds and declares that it is the policy of this state that:

�� (a) Hunger is defined as the state of being unable to obtain a nutritionally adequate diet from nonemergency food channels. Hunger is not one discrete event. Hunger is a series of events that lead up to and follow a lack of adequate food intake. It is the process in which people become at risk of hunger, attempt to cope with the problem and suffer a variety of health and social consequences.

�� (b) All persons have the right to be free from hunger.

�� (c) Freedom from hunger means all persons have food security. Persons lack food security if they are uncertain of having, or being able to acquire in socially acceptable ways, enough acceptable food at all times to meet basic needs because they have insufficient money or other resources for food.

�� (d) Oregon will strive to rank among the top states in the nation in providing food security without hunger.

�� (3) The Legislative Assembly declares that the policy of this state is to provide and encourage activities and programs necessary to fulfill the commitment stated in subsection (2) of this section and that the purpose of policies stated in this section is to provide a guide for the establishment, implementation and operation of activities and programs designed to alleviate or eradicate hunger in this state. The Legislative Assembly further declares that the activities and programs shall be initiated, promoted and developed through:

�� (a) Volunteers and volunteer groups;

�� (b) Public and private not-for-profit organizations;

�� (c) Partnership with local governmental agencies;

�� (d) Coordinated efforts of state agencies;

�� (e) Coordination and cooperation with federal programs;

�� (f) Partnership with private health and social service agencies; and

�� (g) The Hunger Task Force. [Formerly 411.848; 2007 c.145 �2; 2009 c.407 �4; 2015 c.180 �21]

�� Note: 458.530, 458.532 and 458.545 were added to and made a part of ORS chapter 411 by legislative action but were not added to or made a part of ORS chapter 458 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 458.532 Hunger Task Force. (1) The Hunger Task Force is established in the Department of Human Services. The task force shall consist of not more than 28 members appointed as follows:

�� (a) The President of the Senate shall appoint one member from among members of the Senate.

�� (b) The Senate Minority Leader shall appoint one member from among members of the Senate.

�� (c) The Speaker of the House of Representatives shall appoint one member from among members of the House of Representatives.

�� (d) The House Minority Leader shall appoint one member from among members of the House of Representatives.

�� (e) The President and the Speaker shall coordinate to jointly appoint one member from among the members of the Legislative Assembly who is serving on a committee or interim committee of the Legislative Assembly related to human services.

�� (f) The Director of Human Services, with the advice of the Director of the Oregon Health Authority, shall appoint the following:

�� (A) Nine members who represent organizations that serve or advocate for people affected by hunger including organizations from among the following:

�� (i) Food banks.

�� (ii) Direct service providers.

�� (iii) Food systems.

�� (iv) The migrant community.

�� (v) The religious community.

�� (vi) Educational institutions.

�� (vii) Poverty-related advocacy or public policy groups.

�� (viii) Culturally specific organizations.

�� (ix) Mutual aid or emergency disaster response.

�� (B) Nine members who represent residents of this state who suffer the highest rates of hunger or who currently lack opportunities for food security because of discrimination based on race or ethnicity or inadequate financial resources.

�� (C) One member representing the Department of Education who has experience in child nutrition programs.

�� (D) One member representing the Department of Human Services who has experience in the Supplemental Nutrition Assistance Program.

�� (E) One member representing the Oregon Health Authority who has experience in the Women, Infants and Children program.

�� (F) One member representing the State Department of Agriculture.

�� (G) One member representing the Housing and Community Services Department.

�� (2) When selecting members of the task force under subsection (1)(f) of this section, the Director of Human Services shall take into consideration geographic and demographic diversity.

�� (3) A member serves for a three-year term. A member may be reappointed. Before the expiration of the term of a member, the appointing authority shall appoint a successor whose term begins on July 1 next following.

�� (4) If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective for the unexpired term. The appointing authority may appoint a replacement for any member of the task force who misses more than two consecutive meetings of the task force.

�� (5) A majority of the voting members of the task force membership constitutes a quorum for the transaction of business.

�� (6) Members of the Legislative Assembly appointed to the task force are nonvoting members of the task force and may act in an advisory capacity only.

�� (7) The Director of Human Services shall provide for the payment of appropriate task force operating expenses, including but not limited to staff support, based upon the availability of legislatively approved funding for such purposes. [Formerly

ORS 187.010

187.010 and 187.020;

�� (b) The judgment creditor has actual notice, record notice or inquiry notice of a conveyance of the debtor�s interest to a grantee when the judgment is entered or recorded in the county;

�� (c) The conveyance by the debtor is a fulfillment deed entitled to priority over the judgment under ORS 93.645; or

�� (d) The conveyance is a mortgage, trust deed or other security instrument given by the debtor to secure financing for the purchase by the debtor of the real property described in the conveyance.

�� (2) For the purpose of subsection (1)(a) of this section, a memorandum of conveyance must contain the date of the instrument being memorialized, the names of the parties, a legal description of the real property involved and a description of the nature of the interest created. The memorandum must be signed by the person from whom the interest is intended to pass, and be acknowledged or proved in the manner provided for the acknowledgment or proof of deeds.

�� (3) As used in this section:

�� (a) �Conveyance� means a deed, a land sale contract, an assignment of all or any portion of a seller�s or purchaser�s interest in a land sale contract or any other agreement affecting the title of real property within this state, including a trust deed, a mortgage, an assignment for security purposes or an assignment solely of proceeds, given by a purchaser or seller under a land sale contract or given by a person with title to the real property.

�� (b) �Grantee� means:

�� (A) The person deemed to be the mortgagee under a trust deed pursuant to ORS 86.715; and

�� (B) Any other person to whom the interest that is the subject of a conveyance is intended to pass. [Formerly 18.370; 2005 c.568 �21; 2007 c.166 �1]

�� 18.170 Form for lien record abstract; rules. (1) Unless otherwise prescribed by law, a person recording a lien record abstract shall use substantially the following form:

LIEN RECORD ABSTRACT

The undersigned states:

A.� Creditor/Prevailing Party Information:

�� __� 1.�� The creditor/prevailing party is:

�� ___

�� and the address of the creditor is:

�� ___

�� under judgment, order or petition

�� entered on _____ (date) in

�� the _____ Court for

�� _ (County) of ___ (State)

�� under Case No. _____.

�� __� 2.�� The creditor�s attorney�s name is

�� ___

�� Attorney�s Address is:

�� ___

�� Attorney�s Phone No. is: ______

B.� Debtor/Losing Party Information:

�� __� 1.�� The debtor/losing party is:

�� ___

�� __� 2.�� Debtor�s address (if known):

�� ___

�� __� 3.�� The final four digits of the debtor�s

�� Taxpayer Identification No.,

�� or the final four digits of

�� the debtor�s Social Security No.

�� (if known):

�� ___

�� __� 4.�� The final four digits of the debtor�s

�� driver license no. and state of

�� issuance for the license (if known):

�� ___

�� __� 5.�� Name of debtor�s attorney

�� (if known):

�� ___

C.� Judgment Information:

�� __� 1.�� The amount of the judgment is:

�� ___

�� __� 2.�� The amount of the costs is:

�� ___

�� __� 3.�� The amount of attorney fees, if any

�� is: ___

D.� The Real or Personal Property to Be

�� Affected

�� (Check appropriate box):

�� __� All real property of the debtor/losing

�� party, now or hereafter acquired,

�� in __ County as provided

�� under ORS 18.152

�� __� The following described real or

�� personal property of debtor (legal

�� description as set forth or on

�� attached Exhibit):

�� ___

�� IN WITNESS WHEREOF, the

�� undersigned person or persons have

�� executed this�� abstract this ___ day

�� of __, 2_.

__�� ____

State of Oregon�� )

�� )�� ss.

County of _____�� )

�� The foregoing instrument was acknowledged before me this ___ day of , 2, by ______.

Notary Public for Oregon

My commission expires: ___

State of Oregon�� )

�� )�� ss.

County of _____�� )

�� The foregoing instrument was acknowledged before me this ___ day of , 2, by __ and by _ of ___, a corporation on behalf of the corporation.

Notary Public for Oregon

My commission expires: ___

�� (2) A lien record abstract that is the result of a judgment for unpaid child or spousal support entered in another state shall be on the form prescribed by rules adopted by the Department of Justice in lieu of the form required by subsection (1) of this section. [Formerly 18.325; 2009 c.230 �2; 2015 c.197 �3]

EXPIRATION AND EXTENSION OF JUDGMENT REMEDIES

�� 18.180 Expiration of judgment remedies in circuit court. (1) Judgment remedies for a judgment expire upon full satisfaction of the money award portion of the judgment.

�� (2) If a judgment lien arises out of a support award under ORS 18.150 (3) or 18.152 (3), a support arrearage lien attaching to real property under the judgment lien expires upon satisfaction of the unpaid installment that gave rise to the support arrearage lien.

�� (3) Except as provided in ORS 18.180 to 18.190, judgment remedies for a judgment in a civil action expire 10 years after the entry of the judgment.

�� (4) Except as provided in this subsection, judgment remedies for a judgment in a criminal action expire 20 years after the entry of the judgment. Judgment remedies for a judgment in a criminal action that includes a money award for restitution expire 50 years after the entry of the judgment.

�� (5) Judgment remedies for the child support award portion of a judgment, and any lump sum support award for child support, expire 35 years after the entry of the judgment that first establishes the support obligation.

�� (6)(a) Except as provided by paragraph (b) of this subsection and ORS 18.190, judgment remedies for any unpaid installment under the spousal support award portion of a judgment, including any installment arrearage lien arising under the judgment, expire 25 years after the entry of the judgment that first establishes the support obligation, or 10 years after an installment comes due under the judgment and is not paid, whichever is later.

�� (b) The judgment lien for the spousal support award portion of a judgment that is entered on or after January 1, 2004, including any installment arrearage lien arising under the judgment, expires 25 years after the entry of the judgment that first establishes the support obligation unless a certificate of extension is filed under ORS 18.185.

�� (7)(a) If a money award in a judgment under ORS 107.105 (1)(f) provides for a future payment of money, judgment remedies for the portion of the judgment providing for future payment expire 10 years after the date on which the future payment becomes due. At any time before the judgment remedies for a money award described in this subsection expire, judgment remedies for the portion of the judgment providing for a future payment may be extended as provided in ORS 18.182.

�� (b) This subsection does not apply to support awards.

�� (8) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 �18; 2005 c.568 �22; 2005 c.618 �1; 2007 c.22 �1; 2009 c.354 �1; 2015 c.212 �22]

�� Note: See note under 18.048.

�� Note: Section 2, chapter 354, Oregon Laws 2009, provides:

�� Sec. 2. (1) Except as provided in subsection (2) of this section, the amendments to ORS 18.180 by section 1 of this 2009 Act apply to all judgments, whether entered before, on or after the effective date of this 2009 Act [January 1, 2010].

�� (2) The amendments to ORS 18.180 by section 1 of this 2009 Act do not operate to revive any judgment remedies that expired before the effective date of this 2009 Act under the provisions of ORS 18.180 as in effect immediately before the effective date of this 2009 Act. [2009 c.354 �2]

�� 18.182 Extension of judgment remedies. (1) Judgment remedies for a judgment may be extended by filing a certificate of extension in the court that entered the judgment. The court administrator shall enter the certificate in the register of the court and in the judgment lien record. Except as provided in ORS 18.180 to 18.190, a judgment creditor may file a certificate of extension only if:

�� (a) Judgment remedies for the judgment have not expired under ORS 18.180; and

�� (b) A full satisfaction document for the money award portion of the judgment has not been filed.

�� (2) Notwithstanding subsection (1) of this section, if the judgment debtor has been discharged from debt under federal bankruptcy laws, a certificate of extension may not be filed except as provided in this subsection. Judgments are presumed to have not been discharged in bankruptcy until the judgment debtor establishes that the judgment has been discharged. If the judgment debtor is discharged from a debt, a certificate of extension may be filed if:

�� (a) The debtor owned real property and the judgment lien attached to that property before the filing of the bankruptcy petition;

�� (b) The judgment lien was not avoided by action of the bankruptcy court;

�� (c) The judgment lien has not been discharged under ORS 18.238; and

�� (d) The certificate of extension includes a legal description of the real property and a statement that the extension affects only the lien on the real property described in the certificate.

�� (3) A certificate of extension must be signed by the judgment creditor, or by an attorney who represents the judgment creditor.

�� (4) Subject to ORS 18.190, if a certificate of extension is filed after the date on which the judgment remedies for the judgment expire under ORS 18.180, the certificate has no effect.

�� (5) The judgment remedies for a judgment that are extended under the provisions of this section expire 10 years after the certificate of extension is filed. Judgment remedies for a judgment may be extended only once under the provisions of this section.

�� (6) A certified copy of a certificate of extension, or a lien record abstract for the certificate, may be recorded in any county in which the judgment was recorded under ORS 18.152, with the effect provided by ORS 18.152 (4).

�� (7) Except as provided in ORS 18.185 and 18.190, the judgment remedies for the support award portion of a judgment, and any lump sum money award for unpaid child support installments, may not be extended under this section.

�� (8) The judgment remedies for a judgment in a criminal action may not be extended under this section.

�� (9) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 �19; 2007 c.339 �5; 2015 c.212 �23]

�� 18.185 Extension of judgment lien of spousal support award. (1) If a judgment that is entered on or after January 1, 2004, includes a spousal support award, a judgment creditor may file a certificate of extension under ORS 18.182 at any time more than 15 years after the entry of the judgment that first establishes the support obligation and before the judgment lien for the spousal support award portion of a judgment expires under ORS 18.180 (6)(b). If a certificate of extension is filed under this subsection:

�� (a) The judgment lien for the spousal support award portion of the judgment expires 10 years after the certificate of extension is filed; and

�� (b) Any installment arrearage lien that arises under the judgment, whether before or after the filing of the certificate, expires 10 years after the installment comes due and is not paid or when the judgment lien for the spousal support award portion of the judgment expires under paragraph (a) of this subsection, whichever is first.

�� (2) Notwithstanding ORS 18.182 (5), certificates of extension under ORS 18.182 may continue to be filed in the manner provided by subsection (1) of this section and with like effect for as long as the judgment lien for the spousal support award portion of a judgment has not expired and any installments remain to be paid under the judgment. [2003 c.576 �20]

�� 18.190 Spousal support awards in judgments entered before January 1, 2004. (1) The judgment lien for the spousal support award portion of a judgment that is entered before January 1, 2004, including any installment arrearage liens that arise under the judgment, expires 10 years after the entry of the judgment that first establishes the support obligation unless a certificate of extension is filed under ORS 18.182, or the judgment was renewed in the manner provided by the statutes in effect immediately before January 1, 2004, within 10 years after the judgment was entered.

�� (2) ORS 18.180 (6) does not operate to revive the judgment lien of any judgment that expired before January 1, 2004, under the statutes in effect immediately before January 1, 2004.

�� (3) This section and ORS 18.180 (6) do not limit the time during which judgment remedies are available for any judgment entered before January 1, 2004, and those judgments may continue to be enforced for the time provided by the law in effect immediately before January 1, 2004, subject to any requirement for renewal of those judgments. [2003 c.576 �21]

�� 18.192 [2003 c.576 �22; repealed by 2015 c.212 �20]

�� 18.194 Expiration and extension of judgment remedies for justice and municipal court judgments. (1) Judgment remedies for a judgment in justice and municipal courts expire upon full satisfaction of the money award portion of the judgment.

�� (2) Except as provided in this section, judgment remedies for a judgment in a civil action in a justice or municipal court expire 10 years after the entry of the judgment.

�� (3) Except as provided in this subsection, judgment remedies for a judgment in a criminal action in a justice or municipal court expire 20 years after the entry of the judgment. Judgment remedies for a judgment in a criminal action in a justice or municipal court that includes a money award for restitution expire 50 years after the entry of the judgment.

�� (4) Judgment remedies for a judgment in justice or municipal court may be extended by filing a certificate of extension in the court that entered the judgment. The clerk shall enter the certificate in the docket of the court. A judgment creditor may file a certificate of extension only if:

�� (a) Judgment remedies for the judgment have not expired; and

�� (b) A full satisfaction document for the money award portion of the judgment has not been filed.

�� (5) Notwithstanding subsection (4) of this section, if the judgment debtor has been discharged from debt under federal bankruptcy laws, a certificate of extension may not be filed except as provided in this subsection. Judgments are presumed to have not been discharged in bankruptcy until the judgment debtor establishes that the judgment has been discharged. If the judgment debtor is discharged from a debt, a certificate of extension may be filed if:

�� (a) The debtor owned real property and the judgment lien attached to that property before the filing of the bankruptcy petition;

�� (b) The judgment lien was not avoided by action of the bankruptcy court;

�� (c) The judgment lien has not been discharged under ORS 18.238; and

�� (d) The certificate of extension includes a legal description of the real property and a statement that the extension affects only the lien on the real property described in the certificate.

�� (6) If a certificate of extension is filed under this section after the date on which the judgment remedies for the judgment expire, the certificate has no effect.

�� (7) The judgment remedies for a judgment that are extended under the provisions of this section expire 10 years after the certificate of extension is filed. Judgment remedies for a judgment may be extended only once under the provisions of this section.

�� (8) A certified copy of a certificate of extension, or a lien record abstract for the certificate, may be recorded in any county in which the judgment was transcribed or recorded as provided in ORS 52.635 or 221.351, with the effect provided by ORS 18.152 (4).

�� (9) The judgment remedies for a judgment in a criminal action may not be extended under this section. [Formerly 18.365; 2005 c.618 �4]

�� Note: Section 1, chapter 395, Oregon Laws 2025, provides:

�� Sec. 1. (1) Notwithstanding ORS 18.194, judgment remedies for a judgment of conviction entered in a municipal court or justice court for violating, prior to July 1, 2015, a city or county ordinance or state statute prohibiting the possession of less than one ounce of marijuana, that have not yet expired under the provisions of ORS 18.194, expire on the effective date of this 2025 Act [September 26, 2025].

�� (2) If the judgment remedies for monetary obligations in a judgment of conviction have expired under subsection (1) of this section, a person shall be considered to have completed, fully complied with and performed the sentence of the court with respect to those monetary obligations for purposes of ORS 137.225 or

ORS 19.005

19.005, is the bill of exceptions. [Formerly 19.114]

�� 19.395 Time extensions for preparation of record. Extensions of time for the performance of any act in connection with the preparation of the record may be granted only by the court to which the appeal is made and under such rules as that court may prescribe. [Formerly 19.095]

HEARINGS ON APPEALS

�� 19.400 Where appeals heard. An appeal taken from any circuit court in any county lying east of the Cascade Mountains, except Klamath and Lake, shall be heard at Pendleton, unless otherwise ordered by the Court of Appeals if it has jurisdiction of the cause or if the cause is before the Supreme Court unless otherwise stipulated between the parties. All other appeals to the Supreme Court or to the Court of Appeals shall be heard at Salem, unless other locations are designated under ORS 1.085 (2). [Formerly 19.118]

DISPOSITION OF APPEALS

(Certification of Appeal to Supreme Court)

�� 19.405 Certification of appeal to Supreme Court. (1) When the Court of Appeals has jurisdiction of an appeal, the court, through the Chief Judge and pursuant to appellate rules, may certify the appeal to the Supreme Court in lieu of disposition by the Court of Appeals. The Court of Appeals shall provide notice of certification to the parties to the appeal.

�� (2) The Supreme Court, by order entered within 20 days after the date of receiving certification of an appeal from the Court of Appeals under subsection (1) of this section, may accept or deny acceptance of the certified appeal. The Supreme Court, by order entered within that 20-day period, may extend by not more than 10 days the time for acceptance or denial of acceptance of the certified appeal. If the Supreme Court accepts a certified appeal, the Court of Appeals shall transmit the record of the case and the briefs of parties to the Supreme Court, the Supreme Court shall have jurisdiction of the cause, and the appeal shall be considered pending in the Supreme Court without additional notice of appeal, filing fee, undertaking or, except as the Supreme Court may require, briefs of parties. A certified appeal shall remain pending in the Court of Appeals before the Supreme Court accepts or denies acceptance, and if the Supreme Court denies acceptance or fails to accept or deny acceptance within the time provided for in this subsection. The Supreme Court shall provide notice of acceptance or denial of acceptance of certification to the parties to the appeal. [Formerly 19.210]

(Stipulated Dismissals and Settlements)

�� 19.410 Stipulated dismissals; settlement; effect of settlement on pending appeal. (1) An appellate court may dismiss an appeal at any time if the parties to the appeal stipulate to the dismissal.

�� (2) Dismissal of an appeal shall operate as an affirmance of the judgment being appealed if the appellate court so directs in the order of dismissal.

�� (3) If the parties to an appeal settle all or part of the matter on appeal, the trial court has jurisdiction to enter any orders or judgments that may be necessary to implement the settlement. If the settlement disposes of all issues on appeal, the appellate court may dismiss the appeal. If the settlement disposes of part of the issues on appeal, the appellate court may limit the scope of the appeal to the issues not disposed of by the settlement. [Formerly 19.111]

(Disposition on Merits)

�� 19.415 Scope of appellate review. (1) Except as provided in this section, upon an appeal in an action or proceeding, without regard to whether the action or proceeding was triable to the court or a jury, the scope of review shall be as provided in section 3, Article VII (Amended) of the Oregon Constitution.

�� (2) No judgment shall be reversed or modified except for error substantially affecting the rights of a party.

�� (3) Upon an appeal in an equitable action or proceeding, review by the Court of Appeals shall be as follows:

�� (a) Upon an appeal from a judgment in a proceeding for the termination of parental rights, the Court of Appeals shall try the cause anew upon the record; and

�� (b) Upon an appeal in an equitable action or proceeding other than an appeal from a judgment in a proceeding for the termination of parental rights, the Court of Appeals, acting in its sole discretion, may try the cause anew upon the record or make one or more factual findings anew upon the record.

�� (4) When the Court of Appeals has tried a cause anew upon the record or has made one or more factual findings anew upon the record, the Supreme Court may limit its review of the decision of the Court of Appeals to questions of law. [Formerly 19.125; 2003 c.576 �88; 2005 c.568 �27; 2009 c.231 �2]

�� 19.420 Action by appellate court on appeal; review of order granting new trial or judgment notwithstanding verdict; reversal upon loss or destruction of reporter�s notes or audio records. (1) Upon an appeal, the court to which the appeal is made may affirm, reverse or modify the judgment or part thereof appealed from as to any or all of the parties joining in the appeal, and may include in such decision any or all of the parties not joining in the appeal, except a codefendant of the appellant against whom a several judgment might have been given in the court below; and may, if necessary and proper, order a new trial.

�� (2) Where in the trial court a motion for judgment notwithstanding the verdict and a motion for a new trial were made in the alternative, and an appeal is taken from a judgment notwithstanding the verdict or an order granting a new trial, the court to which the appeal is made may consider the correctness of the ruling of the trial court on either or both motions if such ruling is assigned as erroneous in the brief of any party affected by the appeal, without the necessity of a cross-appeal.

�� (3) Whenever it appears that an appeal cannot be prosecuted, by reason of the loss or destruction, through no fault of the appellant, of the reporter�s notes or audio records, or of the exhibits or other matter necessary to the prosecution of the appeal, the judgment appealed from may be reversed and a new trial ordered as justice may require. [Formerly 19.130]

�� 19.425 Review of intermediate orders; directing restitution. Upon an appeal, the appellate court may review any intermediate order involving the merits or necessarily affecting the judgment appealed from; and when it reverses or modifies such judgment, may direct complete restitution of all property and rights lost thereby. [Formerly 19.140; 2003 c.576 �283]

�� 19.430 Review of trial court order granting a new trial on court�s own initiative. If an appeal is taken from an order of the trial court granting a new trial on its own initiative, the order shall be affirmed on appeal only on grounds set forth in the order or because of reversible error affirmatively appearing in the record. [Formerly 19.200]

�� 19.435 Memorandum decisions. The Supreme Court or the Court of Appeals may decide cases before it by means of memorandum decisions and shall prepare full opinions only in such cases as it deems proper. [Formerly 19.180]

(Attorney Fees and Penalties)

�� 19.440 Award of attorney fees authorized by statute. (1) If a statute of this state authorizes or requires an award of attorney fees to a party to a proceeding, but does not expressly authorize or require that award on appeal, judicial review or other appellate review of the decision in the proceeding, and does not expressly prohibit that award on an appeal, judicial review or other appellate review, the statute shall be construed as authorizing or requiring the award of attorney fees on appeal, judicial review or other appellate review of the decision in the proceeding, including any denial of a petition for review by the Supreme Court in the proceeding.

�� (2) If a statute of this state authorizes or requires an award of attorney fees to a party to a proceeding, but does not expressly authorize or require an award of attorney fees in a mandamus proceeding arising out of the original proceeding, the statute shall be construed as authorizing or requiring the award of attorney fees in the mandamus proceeding.

�� (3) The provisions of this section apply to statutes that authorize or require the award of attorney fees in administrative proceedings in addition to statutes that authorize or require the award of attorney fees in civil proceedings in courts. [Formerly 19.220; 2011 c.513 �1]

�� 19.445 Damages upon affirmance of judgment. Whenever a judgment is affirmed on appeal, and it is for recovery of money, or personal property or the value thereof, the judgment shall be given for 10 percent of the amount thereof, for damages for the delay, unless it appears evident to the appellate court that there was probable cause for taking the appeal. [Formerly 19.160; 2003 c.576 �284]

(Appellate Judgment)

�� 19.450 Appellate judgment; when effective; effect of entry in trial court register; effect on judgment lien. (1) As used in this section:

�� (a) �Appellate judgment� means the decision of the Court of Appeals or Supreme Court, or such portion of the decision as may be specified by the rule of the Supreme Court or the Court of Appeals, together with an award of attorney fees or allowance of costs and disbursements, if any.

�� (b) �Decision� means a memorandum opinion, an opinion indicating the author or an order denying or dismissing an appeal issued by the Court of Appeals or the Supreme Court. The decision shall state the court�s disposition of the judgment being appealed, and may provide for final disposition of the cause. The decision shall designate the prevailing party or parties, state whether a party or parties will be allowed costs and disbursements, and if so, by whom the costs and disbursements will be paid.

�� (2) As to appeals from circuit and tax courts, the appellate judgment is effective when a copy of the appellate judgment is entered in the court�s register and sent by the State Court Administrator to the court from which the appeal was taken. When the State Court Administrator sends a copy of the appellate judgment to the court from which the appeal was taken, the administrator also shall send a copy to the parties to the appeal.

�� (3) If a new trial is ordered, upon the receipt of the appellate judgment by the trial court administrator for the court below, the trial court administrator shall enter the appellate court�s decision in the register of the court below and thereafter the cause shall be deemed pending for trial in such court, according to the directions of the court which rendered the decision. If a new trial is not ordered, upon the receipt of the appellate judgment by the trial court administrator, a judgment shall be entered in the register according to the directions of the court which rendered the decision, in like manner and with like effect as if the same was given in the court below.

�� (4) A party entitled to enforce an undertaking may obtain judgment against a surety by filing a request with the State Court Administrator and serving a copy of the request on the other parties and the surety. The request must identify the surety against whom judgment is to be entered and the amount of the judgment sought to be imposed against the surety. Unless otherwise directed by the appellate court, upon receiving the request the State Court Administrator shall include in the appellate judgment a judgment against the surety in the amount specified.

�� (5) If the appellate judgment terminating an appeal contains a judgment against a surety for an undertaking, the trial court administrator shall enter the judgment against the surety in like manner and with like effect as if the judgment was given in the court below.

�� (6) Except as provided in ORS 18.154, an appeal does not discharge the lien of a judgment and unless the judgment is reversed, the lien of the judgment merges with and continues in the affirmed or modified judgment given on appeal, from the time of the entry of the judgment in the court below. The lien of any judgment created by recording a certified copy of the judgment or a lien record abstract continues in force in the same manner as the original judgment lien as provided in this subsection. [Formerly 19.190; 1999 c.367 �16; 2003 c.576 �89; 2025 c.256 �4]

MISCELLANEOUS

�� 19.500 Service of documents under provisions of chapter. Except as otherwise provided in this chapter, when any provision of this chapter requires that a document be served and filed, the document shall be served in the manner provided in ORCP 9 B on all other parties who have appeared in the action, suit or proceeding and who are not represented by the same counsel as the party serving the document, and shall be filed, with proof of service indorsed thereon, with the trial court administrator. [Formerly 19.104; 2007 c.129 �10]

�� 19.510 Powers of successor trial judge with respect to appeals. In case of death, resignation, expiration of the term of office or vacancy in office for any other cause of the judge before whom the matter was tried, or in case illness or other cause prevents the judge from performing the duties of judge, a successor in office or any other judge assigned to perform the duties of the judge, may take any action with respect to the appeal which the judge who tried it could take. [Formerly

ORS 19.065

19.065; 2013 c.685 �5]

�� 19.370 Certification and service of transcript; correction of errors; settlement of transcript. (1) If a transcript is prepared from audio records by a person other than the reporter, the reporter shall certify the records and the transcriber shall certify the transcript. In all other cases, the transcript must be certified by the reporter or the trial judge.

�� (2) A transcriber shall prepare a transcript in the format prescribed by the court by the later of:

�� (a) Thirty days after the filing of the notice of appeal; or

�� (b) Thirty days after the expiration of any abeyance of the appeal imposed by reason of the referral of the appeal to the appellate settlement program established by the Court of Appeals pursuant to ORS 2.560.

�� (3) Immediately after preparing a transcript, the transcriber shall:

�� (a) Serve a copy of the transcript on the parties to the appeal in the manner required by subsection (4) of this section; and

�� (b) File a certificate of preparation for the transcript with the State Court Administrator. The certificate must indicate that the transcript has been served in the manner required by subsection (4) of this section. A copy of the certificate must be served on the trial court administrator, the transcript coordinator and the parties.

�� (4) A transcriber may agree with a party or an attorney on the manner in which a transcript will be served. If there is no agreement, a transcriber shall serve a transcript in the following manner:

�� (a) Subject to paragraph (d) of this subsection, if an appellant is not represented by an attorney, the transcriber shall serve an electronic copy of the transcript on the appellant at the electronic mail address provided by the appellant unless the appellant specifically requests that a paper copy of the transcript be mailed to the appellant at the postal address indicated in the notice of appeal. If an electronic mail address for the appellant does not appear in the notice of appeal, the transcriber shall mail a paper copy of the transcript to the appellant at the postal address indicated in the notice of appeal.

�� (b) Subject to paragraph (d) of this subsection, if a respondent is not represented by an attorney, the transcriber shall mail a paper copy of the transcript to the respondent at the postal address indicated in the notice of appeal unless the respondent specifically requests that the transcriber serve an electronic copy of the transcript on the respondent at the electronic mail address provided by the respondent.

�� (c) If a party is represented by an attorney, the transcriber shall serve an electronic copy of the transcript on the attorney at the electronic mail address of the attorney identified in the notice of appeal.

�� (d) If two or more unrepresented appellants request paper copies of a transcript under paragraph (a) of this subsection, or two or more unrepresented respondents request paper copies of a transcript under paragraph (b) of this subsection, the transcriber shall deposit a copy of the transcript with the trial court administrator for the use of the unrepresented parties. The copy must be in the medium specified by the trial court administrator. The transcriber shall serve notice on the unrepresented parties that the transcript has been deposited with the trial court administrator, and file proof of that service with the trial court administrator and with the State Court Administrator. Deposit of a copy of a transcript with the trial court administrator under this paragraph constitutes service of the transcript on the unrepresented parties to the appeal.

�� (5) If two or more transcribers are preparing parts of the transcript, the certificate of preparation is considered filed under subsection (3) of this section when the final certificate of preparation is filed with the State Court Administrator.

�� (6)(a) Within 15 days after a certificate of preparation is filed under subsection (3) of this section, any party may file a motion with the trial court for correction of errors appearing in the transcript or to have additional parts of the proceedings included in the transcript. If a certificate of preparation is filed with the State Court Administrator during any period that the appeal is in abeyance by reason of the referral of the appeal to the appellate settlement program established by the Court of Appeals pursuant to ORS 2.560, a motion under this subsection must be filed within 15 days after the expiration of the abeyance.

�� (b) A copy of a motion to correct or add to the transcript made under this subsection must be served on the State Court Administrator. If the motion is denied, the trial court shall enter an order settling the transcript and transmit a copy of the order to the State Court Administrator.

�� (c) If a motion is granted under this subsection, the trial court shall direct the making of such corrections and the adding of such matter as may be appropriate and shall fix the time within which such corrections or additions must be made. Immediately after preparing the corrected or additional transcript, the transcriber shall serve a copy of the transcript on the parties in the manner required by subsection (4) of this section, and file proof of that service with the trial court administrator, the transcript coordinator and the State Court Administrator. Upon receiving proof of service from all transcribers of the proceedings, the State Court Administrator shall issue a notice to the parties indicating that the transcript has been settled.

�� (7) Unless a motion to correct or add to the transcript is made under subsection (6) of this section, a transcript is automatically settled 15 days after a certificate of preparation is filed under subsection (3) of this section. If a motion to correct or add to the transcript is made, the transcript is settled on the date that the State Court Administrator issues the notice to the parties under subsection (6) of this section.

�� (8) When a transcript is settled, the State Court Administrator shall notify each transcriber who filed a certificate of preparation. Upon receiving the notice, a transcriber shall file an electronic copy of the transcript with the State Court Administrator in the manner and format prescribed by rules of the appellate court. [Formerly 19.078; 1999 c.367 �13; 2001 c.341 �1; 2001 c.962 �62; 2012 c.48 �7; 2013 c.685 �6]

�� 19.375 Cost of transcript. (1) Where more than one appeal is taken from the same judgment, only one original transcript shall be filed.

�� (2) The cost of preparing the transcript and copy shall be paid by the party designating it to be made, except that where a party has designated additional parts of the proceedings to be included in the transcript as provided in ORS 19.250 (2), the trial court on motion of such party may direct that the cost of preparing all or part of the additional parts of the transcript be paid by the appellant if it appears that such additional parts are necessary to the determination of the appeal. The cost of preparing the original and copy of the transcript shall be taxable as part of the costs on appeal. [Formerly 19.084]

�� 19.380 Agreed narrative statement. In lieu of or in addition to a transcript, the parties may prepare an agreed narrative statement of the proceedings below or parts thereof. The narrative statement shall be signed by the parties or their attorneys and shall be filed with the trial court administrator within 30 days after the filing of the notice of appeal. When such a statement is filed, the appellant shall promptly notify the State Court Administrator, at Salem. [Formerly 19.088; 1999 c.367 �14]

�� 19.385 Audio records. Where the trial proceedings are recorded on audio records, the court to which the appeal is made may waive transcription and provide for hearing of the appeal on the basis of the audio records alone under such rules as the court may prescribe. The reporter shall certify and file the audio recordings with the trial court administrator immediately upon receiving notice that the appeal is to be heard on the basis of the recordings alone. [Formerly 19.069; 1999 c.367 �15]

�� 19.390 Bill of exceptions not required. A bill of exceptions is not required. For the purposes of section 3, Article VII (Amended) of the Oregon Constitution, the transcript, as defined in ORS

ORS 19.230

19.230; 2025 c.476 �24]

�� Note: 34.102 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 34 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

WRIT OF MANDAMUS

(Generally)

�� 34.105 Definitions for ORS 34.105 to 34.240. As used in ORS 34.105 to 34.240:

�� (1) �Adverse party� means a beneficially interested party to a judicial or administrative proceeding from which a mandamus proceeding arises, whose interests are adverse to the relator.

�� (2) �Counsel for defendant� means the attorney who appears on behalf of the defendant in a mandamus proceeding as provided in ORS 34.130 (4).

�� (3) �Defendant� means the court, corporation, board, officer or person against whom relief is sought in a mandamus proceeding.

�� (4) �Relator� means the beneficially interested party on whose relation a mandamus proceeding is brought. [1989 c.702 �2]

�� 34.110 When and to whom writ issued. A writ of mandamus may be issued to any inferior court, corporation, board, officer or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust or station; but though the writ may require such court, corporation, board, officer or person to exercise judgment, or proceed to the discharge of any functions, it shall not control judicial discretion. The writ shall not be issued in any case where there is a plain, speedy and adequate remedy in the ordinary course of the law.

�� 34.120 Courts having jurisdiction. (1) Except as provided in subsection (2) of this section, the circuit court or judge of the circuit court of the county in which the defendant, if a public officer or body, exercises functions, or if a private person or corporation, in which such person resides or may be found, or such private corporation might be sued in an action, shall have exclusive jurisdiction of mandamus proceedings, including proceedings under ORS 215.429 and 227.179.

�� (2) The regular division of the Oregon Tax Court shall have jurisdiction in mandamus proceedings in all cases within its jurisdiction as described in ORS 305.410, and the Supreme Court may take original jurisdiction in mandamus proceedings as provided in section 2 of amended Article VII of the Oregon Constitution. [Amended by 1965 c.6 �10; 1999 c.340 �6; 1999 c.533 �1; 2024 c.52 �30]

�� 34.130 Petition for writ; service; order of allowance; intervention. (1) The relator shall file a petition for a writ of mandamus with the clerk of the court or court administrator.

�� (2) The relator shall serve a copy of the petition on the defendant and, if the mandamus proceeding arises from a judicial or administrative proceeding, on all parties to such proceeding. Service of the petition on the defendant and adverse parties is sufficient if it complies with ORCP 9 B. The court in its discretion may act on a petition regardless of defects in the service of the petition on any adverse party, and the petition may be allowed with or without notice to the adverse party, as in a writ of review proceeding.

�� (3) Except as to a petition filed in the Supreme Court, the writ shall be allowed by the court or judge thereof on the petition. On the filing of the order of allowance, the clerk or court administrator forthwith shall issue the writ in accordance with the petition. The clerk or court administrator may require the relator to provide a form of writ in accordance with the petition.

�� (4)(a) Except as provided in paragraph (b) of this subsection, at any time in the course of a mandamus action until the return date of the alternative writ, any adverse party may intervene in the mandamus proceeding as matter of right. At any time subsequent to the return date of the alternative writ, the court in its discretion may allow an adverse party to intervene. With the consent of the defendant and, if the defendant is a judge of the Supreme Court, Court of Appeals, Oregon Tax Court or circuit court, subject to ORS 1.550 and 1.560, the attorney for an adverse party may appear on behalf of the defendant.

�� (b) For a petition filed pursuant to ORS 215.429 or 227.179, a motion to intervene must be filed with the court within 21 days of the date the petition was filed under subsection (1) of this section.

�� (5) The filing or allowance of a petition for a writ of mandamus does not stay any judicial or administrative proceeding from which the mandamus proceeding may arise, but the court in its discretion may stay such proceeding. [Amended by 1971 c.193 �27; 1989 c.702 �3; 1999 c.533 �2]

�� 34.140 Direction and service of writ; proof of service; enforcing obedience to writ. (1) The writ shall be directed to the court, corporation, board, officer or person designated in the order of allowance, and may be served thereon, by any person authorized to serve a summons, by delivery of the original to such officer or person, or to any member of such court, or to any officer of such corporation upon whom a summons lawfully may be served. A certified copy of the writ shall be served on all intervenors, adverse parties and counsel for the defendant. Such service is sufficient if it complies with ORCP 9. The relator shall file with the court proof of service of the writ on the defendant, and intervenors, adverse parties and counsel for the defendant, if any.

�� (2) Obedience to the writ may be enforced in such manner as the court or judge thereof shall direct. [Amended by 1989 c.702 �4]

�� 34.150 Peremptory and alternative writs; form. (1) The writ shall be either alternative or peremptory.

�� (2) When in the alternative, the writ shall:

�� (a) State concisely the facts, according to the petition, showing:

�� (A) The obligation of the defendant to perform the act; and

�� (B) The omission of the defendant to perform the act;

�� (b) Command that the defendant, immediately after the receipt of the writ, or at some other specified time:

�� (A) Perform the act required to be performed; or

�� (B) Show cause before the court or judge thereof, by whom the writ was allowed, at a time and place therein specified, why the defendant has not done so; and

�� (c) Command that the defendant then and there return the writ, with the certificate of the defendant annexed, of having done as the defendant is commanded, or the cause of omission thereof.

�� (3) When peremptory, the writ shall be in a form similar to that described in subsection (2) of this section, except that the words requiring the defendant to show cause why the defendant has not done as commanded, and to return the cause therefor, shall be omitted. [Amended by 2005 c.22 �26]

�� 34.160 Allowance of peremptory writ in first instance. When the right to require the performance of the act is clear, and it is apparent that no valid excuse can be given for not performing it, a peremptory mandamus shall be allowed in the first instance; in all other cases, the alternative writ shall be first issued.

�� 34.170 Answer or motion to dismiss by defendant. On the return day of the alternative writ, or such further day as the court or judge thereof may allow, the defendant on whom the writ was served may show cause by motion to dismiss or answer to the writ, in the same manner as to a complaint in an action. [Amended by 1979 c.284 �70]

�� 34.180 Failure to answer or move for dismissal; additional pleadings. If the defendant does not show cause by motion to dismiss or answer, a peremptory mandamus shall be allowed against the defendant. If the answer contains new matter, the same may be moved against or replied to by the plaintiff, within such time as the court or judge may prescribe. If the replication contains new matter, the same may be moved against by the defendant within such time as the court or judge may prescribe, or the defendant may countervail such matter on the trial or other proceedings by proof, either in direct denial or by way of avoidance. [Amended by 1979 c.284 �71]

�� 34.190 Other pleadings; construction and amendment of pleadings; motions; manner of trial. The pleadings in the proceeding by mandamus are those mentioned in ORS 34.170 and 34.180, and none other are allowed. They are to have the same effect and construction, and may be amended in the same manner, as pleadings in an action. Either party may move to strike out, or be allowed to plead over after motion; and the issues joined shall be tried, and the further proceedings thereon had in like manner and with like effect as in an action. [Amended by 1979 c.284 �72]

�� 34.200 Allowance and trial in Supreme Court. In the Supreme Court the writ may be allowed by the court or any judge thereof, but shall only be tried and determined by the court. All issues therein shall be tried by the court. [Amended by 1965 c.6 �11; 2005 c.22 �27; 2015 c.212 �14]

�� 34.210 Recovery of damages; attorney fees, costs and disbursements. (1) If the court orders issuance of a peremptory writ of mandamus, the relator shall recover from the defendant damages which the relator has sustained from a false return, to be ascertained in the same manner as in an action.

�� (2) The court in its discretion may designate a prevailing party and award attorney fees, costs and disbursements to the prevailing party, but no attorney fees, costs and disbursements shall be awarded against a judge as a defendant in a mandamus action for any action taken in the judge�s official capacity. Attorney fees, costs and disbursements may only be awarded against adverse parties who have been served with the petition and writ. [Amended by 1989 c.702 �5]

�� 34.220 Recovery as a bar. A recovery of damages by virtue of ORS 34.210 against a party who has made a return to a writ of mandamus is a bar to any other action or suit against the same party for the same cause.

�� 34.230 Imposition of fine; payment as bar. Whenever a peremptory mandamus is directed to a public officer or body commanding the performance of any public duty specially enjoined by law, if it appears to the court or judge thereof that the officer or any member of the body has without just excuse refused or neglected to perform the duty so enjoined, the court or judge may impose a fine, not exceeding $500, upon every such officer or member of such body; and the payment thereof is a bar to any action for any penalty incurred by the officer or member by reason of the refusal or neglect of the officer or member to perform the duty so enjoined.

�� 34.240 Appeal. From the judgment of the circuit court or Oregon Tax Court, or judge thereof, refusing to allow a mandamus, or directing a peremptory mandamus, an appeal may be taken in like manner and with like effect as in an action. [Amended by 1965 c.6 �12; 1973 c.197 �3]

(Mandamus Under Supreme Court�s Original Jurisdiction)

�� 34.250 Certain mandamus proceedings under Supreme Court�s original jurisdiction. (1) The provisions of this section apply only to the exercise of the Supreme Court�s original jurisdiction in mandamus proceedings that challenge the actions of judges in particular cases in the circuit courts, the Oregon Tax Court or the Court of Appeals. The provisions of this section do not apply to the exercise of the Supreme Court�s original jurisdiction in mandamus proceedings that challenge the administrative action of a judge or court, or that challenge other action of a judge or court that is of an institutional nature. To the extent that any provision of ORS

ORS 19.250

19.250, to be served:

�� (a) On all parties who have appeared in the action, suit or proceeding;

�� (b) On the trial court administrator; and

�� (c) On the trial court transcript coordinator, if applicable and if a transcript is designated in connection with the appeal.

�� (3) The original of the notice with proof of service indorsed thereon or affixed thereto shall be filed with the Court of Appeals. [Formerly 19.023; 1999 c.367 �2; 2025 c.268 �30d]

�� 19.245 Who may appeal; appeal of default judgments and judgments taken by confession; appeal of stipulated judgments. (1) Except as provided in subsections (2) and (3) of this section, any party to a judgment may appeal from the judgment.

�� (2) A party to a judgment given by confession or for want of an answer may not appeal from the judgment except as follows:

�� (a) A plaintiff, third party plaintiff or a party who pleaded a cross-claim or counterclaim may appeal from the judgment if the judgment is not in accord with the relief demanded in the complaint.

�� (b) A defendant may appeal from the judgment if the trial court has entered a default judgment against the defendant as a sanction or has denied a motion to set aside a default order or judgment.

�� (c) A defendant may appeal from the judgment if it is void.

�� (3) A party to a stipulated judgment may appeal from the judgment only if:

�� (a) The judgment specifically provides that the party has reserved the right to appellate review of a ruling of the trial court in the cause; and

�� (b) The appeal presents a justiciable controversy. [Formerly 19.020; 1999 c.367 �1; 2001 c.541 �1]

(Notice of Appeal)

�� 19.250 Contents of notice of appeal. (1) The notice of appeal must contain the following:

�� (a) The title of the cause. The party appealing a judgment must be designated the appellant and the adverse party the respondent, but the title of the action or proceeding is not otherwise changed by reason of the appeal.

�� (b) The names of the parties and their attorneys.

�� (c)(A) If an appellant is not represented by an attorney, a postal address for the appellant and either an electronic mail address for the appellant or a statement that the appellant does not have an electronic mail address.

�� (B) If the appellant is represented by an attorney, a postal address and electronic mail address for the attorney.

�� (d) A notice to each party that appeared in the action or proceeding, or to the attorney for the party, that an appeal is taken from the judgment or some specified part of the judgment and designating the adverse parties to the appeal. The notice of appeal must contain the postal address and electronic mail address, if known to the appellant, for all other parties designated as parties to the appeal.

�� (e) A designation of those portions of the proceedings and exhibits to be included in the record in addition to the trial court file. The appellant may amend the designation of record at any time after filing the notice of appeal until 35 days after the filing of a certificate of preparation for the transcript under ORS 19.370 (3). The amendment must be made by filing and serving in the same manner as a notice of appeal a notice of amended designation of record. The amended designation must clearly indicate those portions of the proceedings and exhibits being added to or deleted from the original designation of record. The designation may not be later amended by the appellant unless the appellate court so orders.

�� (f) A plain and concise statement of the points on which the appellant intends to rely. On appeal, the appellant may rely on no other points than those set forth in such statement. If the appellant has designated for inclusion in the record all the testimony and all the instructions given and requested, no statement of points is necessary. Not later than the 15th day following the filing of the certificate of preparation for the transcript under ORS 19.370 (3), the appellant may serve and file an amended statement of points. Except by approval of the court, the appellant may then rely on no other points than those set forth in such amended statement.

�� (g) The signature of the appellant or attorney for the appellant.

�� (2) Within 14 days after the filing of the notice of appeal or amended designation of record, any other party may serve and file a designation of additional parts of the proceedings and exhibits to be included in the record. Such designation must be served and filed as provided for the serving and filing of a notice of appeal under ORS 19.240 and 19.260. If such party also appeals, the designation must be included in the notice of appeal of the party and may not be served and filed separately. [Formerly 19.029; 1999 c.367 �3; 2013 c.685 �4]

�� 19.255 Time for service and filing of notice of appeal. (1) Except as provided in this section, a notice of appeal must be served and filed within 30 days after the judgment appealed from is entered in the register.

�� (2) If a motion for a new trial is filed and served within the time allowed by ORCP 64, or a motion for judgment notwithstanding the verdict is filed and served within the time allowed by ORCP 63, a notice of appeal must be served and filed:

�� (a) Within 30 days after the order disposing of the motion is entered in the register, or within 30 days after the motion is deemed denied under ORCP 63 D or 64 F, whichever is first; or

�� (b) Within the time allowed by subsection (1) of this section, if the period of time provided for in subsection (1) of this section expires later than the period of time provided for in paragraph (a) of this subsection.

�� (3) Any other party who has appeared in the action, suit or proceeding, desiring to appeal against the appellant or any other party to the action, suit or proceeding, may serve and file notice of appeal within 10 days after the expiration of the time allowed by subsections (1) and (2) of this section. Any party not an appellant or respondent, but who becomes an adverse party to a cross appeal, may cross appeal against any party to the appeal by a written statement in the brief.

�� (4)(a) Upon the motion of a person determined to be a person with mental illness as provided in ORS 426.130, or determined to be an extremely dangerous person with mental illness under ORS 426.701 or 426.702, the Court of Appeals shall grant the person leave to file a notice of appeal of the determination after the time limits described in subsections (1) to (3) of this section if:

�� (A) The person, by clear and convincing evidence, shows that the failure to file a timely notice of appeal is not attributable to the person personally; and

�� (B) The person shows a colorable claim of error in the proceeding from which the appeal is taken.

�� (b) The request for leave to file a notice of appeal after the time limits prescribed in subsections (1) to (3) of this section must be filed within 90 days after entry of the order being appealed.

�� (5) Except as otherwise ordered by the appellate court, when more than one notice of appeal is filed, the date on which the last such notice was filed shall be used in determining the time for preparation of the transcript, filing briefs and other steps in connection with the appeal. [Formerly 19.026; 2003 c.281 �1; 2019 c.400 �1]

�� 19.260 Filing by mail or delivery. (1)(a) Filing a notice of appeal in the Court of Appeals or the Supreme Court may be accomplished by mail or delivery. Regardless of the date of actual receipt by the court to which the appeal is taken, the date of filing the notice is the date of mailing or dispatch for delivery, if the notice is:

�� (A) Mailed by any class of mail from the United States Postal Service and the party filing the notice has proof from the United States Postal Service of the mailing date; or

�� (B) Mailed or dispatched via a commercial delivery service by a class of delivery calculated to achieve delivery within three calendar days, and the party filing the notice has proof from the commercial delivery service of the mailing or dispatch date.

�� (b)(A) Proof of the date of mailing or dispatch under this subsection must be certified by the party filing the notice and filed thereafter with the court to which the appeal is taken. Any record of mailing or dispatch from the United States Postal Service or the commercial delivery service showing the date that the party initiated mailing or dispatch is sufficient proof of the date of mailing or dispatch. If the notice is received by the court on or before the date by which the notice is required to be filed, the party filing the notice is not required to file proof of mailing or dispatch.

�� (B) If the notice is mailed via the United States Postal Service first class mail, the date shown on the postmark affixed by the United States Postal Service constitutes sufficient proof of mailing or dispatch under this subsection.

�� (2)(a) Service of notice of appeal on a party, transcript coordinator or the trial court administrator, or service of a petition for judicial review on a party or administrative agency may be accomplished by:

�� (A) First class, registered or certified mail; or

�� (B) Mail or dispatch for delivery via the United States Postal Service or a commercial delivery service by a class of delivery calculated to achieve delivery within three calendar days.

�� (b) The date of serving the notice under this subsection is the date of mailing or dispatch. The party filing the notice must certify the date and method of service.

�� (3) Notwithstanding subsections (1) and (2) of this section, if the party filing a notice of appeal is involuntarily confined in a state or local governmental facility, the date of filing of a notice of appeal in the Court of Appeals or the Supreme Court, and the date of service under subsection (2) of this section, is the date on which the party delivers the original notice of appeal, and the appropriate number of copies of the notice for service under subsection (2) of this section, to the person or place designated by the facility for handling outgoing mail.

�� (4) Except as otherwise provided by law, the provisions of this section are applicable to petitions for judicial review, cross petitions for judicial review and petitions under the original jurisdiction of the Supreme Court or Court of Appeals. [Formerly 19.028; 1999 c.367 �6; 2011 c.310 �1; 2015 c.80 �1; 2023 c.14 �1]

�� 19.265 Payment of filing fee. At the time the notice of appeal is filed as provided in ORS 19.240, the appellant shall deposit with the State Court Administrator the amount of the appropriate filing fee. The timely deposit of such fee is not jurisdictional, but omission to do so shall be cause for dismissal of the appeal, subject to the provisions of ORS 19.270 (3). [Formerly 19.035]

(Jurisdiction of Appellate Court and Trial Court)

�� 19.270 Appellate jurisdiction of Supreme Court and Court of Appeals; trial court jurisdiction to enter appealable judgment or order. (1) The Supreme Court or the Court of Appeals has jurisdiction of the cause when the notice of appeal has been served and filed as provided in ORS 19.240, 19.250 and 19.255. The trial court may exercise those powers in connection with the appeal as are conferred by law, and retains jurisdiction in the matter for the following purposes:

�� (a) Deciding requests for attorney fees, costs and disbursements or expenses pursuant to ORCP 68 or other provision of law.

�� (b) Enforcing the judgment, subject to any stay of the judgment.

�� (c) Deciding a motion for judgment notwithstanding the verdict under ORCP 63.

�� (d) Deciding a motion for new trial under ORCP 64.

�� (e) Deciding a motion for relief from judgment under ORCP 71 B.

�� (2) The following requirements of ORS 19.240, 19.250 and 19.255 are jurisdictional and may not be waived or extended:

�� (a) Service of the notice of appeal on all parties identified in the notice of appeal as adverse parties or, if the notice of appeal does not identify adverse parties, on all parties who have appeared in the action, suit or proceeding, as provided in ORS 19.240 (2)(a), within the time limits prescribed by ORS 19.255.

�� (b) Filing of the original of the notice of appeal with the Court of Appeals as provided in ORS

ORS 192.040

192.040 to 192.060 and 192.105, has caused any or all of the same to be recorded, copied or reproduced by any photographic, photostatic, microfilm, micro-card, miniature photographic, optical imaging or other process that accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless held in a custodial or fiduciary capacity and the principal or true owner has not authorized destruction or unless its preservation is required by law. Such reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of the court. The introduction of a reproduced record, enlargement or facsimile does not preclude admission of the original. [1995 c.760 �3]

�� 40.565 Rule 1004. Admissibility of other evidence of contents. The original is not required, and other evidence of the contents of a writing, recording or photograph is admissible when:

�� (1) All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith;

�� (2) An original cannot be obtained by any available judicial process or procedure;

�� (3) At a time when an original was under the control of the party against whom offered, that party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and the party does not produce the original at the hearing; or

�� (4) The writing, recording or photograph is not closely related to a controlling issue. [1981 c.892 �74]

�� 40.570 Rule 1005. Public records. The contents of an official record or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by copy, certified as correct in accordance with ORS 40.510 or testified to be correct by a witness who has compared it with the original. If such a copy cannot be obtained by the exercise of reasonable diligence, then other evidence of the contents may be given. [1981 c.892 �75; 1983 c.433 �3]

�� 40.575 Rule 1006. Summaries. The contents of voluminous writings, recordings or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary or calculation. The originals, or duplicates, shall be made available for examination or copying, or both, by other parties at a reasonable time and place. The court may order that they be produced in court. [1981 c.892 �76]

�� 40.580 Rule 1007. Testimony or written admission of party. Contents of writings, recordings or photographs may be proved by the testimony or deposition of the party against whom offered or by the party�s written admission, without accounting for the nonproduction of the original. [1981 c.892 �77]

�� 40.585 Rule 1008. Functions of court and jury. When the admissibility of other evidence of contents of writings, recordings or photographs under ORS 40.550 to 40.585 depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is ordinarily for the court to determine in accordance with ORS 40.030. However, the issue is for the trier of fact to determine as in the case of other issues of fact when the issue raised is:

�� (1) Whether the asserted writing ever existed;

�� (2) Whether another writing, recording or photograph produced at the trial is the original; or

�� (3) Whether the other evidence of contents correctly reflects the contents. [1981 c.892 �78]

ORS 192.447

192.447]

Note: 192.371 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 192 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 192.374 Nondisclosure of concealed handgun license records or information; exceptions; limitations; rules. (1) A public body may not disclose records or information that identifies a person as a current or former holder of, or applicant for, a concealed handgun license, unless:

�� (a) The disclosure is made to another public body and is necessary for criminal justice purposes;

�� (b) A court enters an order in a criminal or civil case directing the public body to disclose the records or information;

�� (c) The holder of, or applicant for, the concealed handgun license consents to the disclosure in writing;

�� (d) The public body determines that a compelling public interest requires disclosure in the particular instance and the disclosure is limited to the name, age and county of residence of the holder or applicant;

�� (e)(A) The disclosure is limited to confirming or denying that a person convicted of a person crime, or restrained by a protective order, is a current holder of a concealed handgun license; and

�� (B) The disclosure is made to a victim of the person crime or to a person who is protected by the protective order, in response to a request for disclosure that provides the public body with the name and age of the person convicted of the person crime or restrained by the protective order; or

�� (f)(A) The disclosure is limited to confirming or denying that a person convicted of a crime involving the use or possession of a firearm is a current holder of a concealed handgun license; and

�� (B) The disclosure is made to a bona fide representative of the news media in response to a request for disclosure that provides the name and age of the person convicted of the crime involving the use or possession of a firearm.

�� (2) A public body may not confirm or deny that a person described in subsection (1)(e)(A) or (f)(A) of this section is a current holder of a concealed handgun license unless the person seeking disclosure:

�� (a) Under subsection (1)(e) of this section provides the public body with written proof that the person is a victim of the person crime or is protected by the protective order.

�� (b) Under subsection (1)(f) of this section provides the public body with written proof that the person is a bona fide representative of the news media.

�� (3) Notwithstanding any other provision of law, a public body that receives a request for disclosure under subsection (1)(e) or (f) of this section may conduct an investigation, including a criminal records check, to determine whether a person described in subsection (1)(e)(A) or (f)(A) of this section has been convicted of a person crime or a crime involving the use or possession of a firearm or is restrained by a protective order.

�� (4) The Attorney General shall adopt rules to carry out the provisions of this section. The rules must include a description of:

�� (a) The procedures for submitting the written request described in subsection (1)(d) of this section; and

�� (b) The materials an individual must provide to the public body to establish a compelling public interest that supports the disclosure of the name, age and county of residence of the holder or applicant.

�� (5) The prohibition described in subsection (1) of this section does not apply to the Judicial Department.

�� (6) As used in this section:

�� (a) �Convicted� does not include a conviction that has been reversed, vacated or set aside or a conviction for which the person has been pardoned.

�� (b) �Person crime� means a person felony or person Class A misdemeanor, as those terms are defined in the rules of the Oregon Criminal Justice Commission, or any other crime constituting domestic violence, as defined in ORS 135.230.

�� (c) �Protective order� has the meaning given that term in ORS 135.886.

�� (d) �Victim� has the meaning given that term in ORS 131.007. [Formerly 192.448]

�� Note: 192.374 was added to and made a part of 192.311 to 192.478 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 192.377 Required redaction of certain personal information. A public body that is the custodian of or is otherwise in possession of information that was submitted to the public body in confidence and is not otherwise required by law to be submitted, must redact all of the following information before making a disclosure described in ORS 192.355 (4):

�� (1) Residential address and telephone numbers;

�� (2) Personal electronic mail addresses and personal cellular telephone numbers;

�� (3) Social Security numbers and employer-issued identification card numbers; and

�� (4) Emergency contact information. [Formerly 192.504]

�� Note: 192.377 was added to and made a part of 192.311 to 192.478 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 192.380 Immunity from liability for disclosure of certain personal information; recovery of costs. (1) A public body or any official of the public body that determines that a party requesting information under ORS 192.355 (3), 192.363 or 192.365 has demonstrated by clear and convincing evidence that the public interest requires disclosure in a particular instance is immune from civil or criminal liability associated with the disclosure.

�� (2) A public body that receives a request for disclosure of records under ORS 192.355 (3) or

ORS 194.030

194.030); 1983 c.393 �17; 1989 c.976 �10; 2001 c.63 �1; repealed by 2013 c.219 �61]

�� 194.040 [Amended by 1967 c.541 �9; 1983 c.393 �18; 1989 c.976 �11; 2011 c.359 �7; repealed by 2013 c.219 �61]

�� 194.043 [1989 c.976 �5; repealed by 2013 c.219 �61]

�� 194.045 [1969 c.394 ��2,3,4; 1977 c.641 �1; 1983 c.393 �19; 1989 c.976 �16; repealed by 2005 c.68 �1]

�� 194.047 [1989 c.976 �13; repealed by 2013 c.219 �61]

�� 194.050 [Amended by 1961 c.498 �3; 1967 c.541 �4; repealed by 1983 c.393 �26]

�� 194.052 [1989 c.976 �14; repealed by 2013 c.219 �61]

�� 194.060 [Repealed by 1967 c.541 �22]

�� 194.063 [1967 c.541 �11; 1977 c.128 �2; 1983 c.393 �21; 1985 c.487 �2; 1989 c.976 �17; 2005 c.733 �4; repealed by 2013 c.219 �61]

�� 194.067 [1967 c.541 �18; repealed by 1989 c.976 �37]

�� 194.070 [Amended by 1967 c.541 �13; 1993 c.545 �123; 2009 c.123 �1; repealed by 2013 c.219 �31 (194.375 enacted in lieu of 194.070)]

�� 194.080 [Repealed by 1967 c.541 �22]

�� 194.090 [Amended by 1967 c.541 �14; 1993 c.545 �124; 2009 c.123 �2; repealed by 2013 c.219 �33 (194.380 enacted in lieu of 194.090)]

�� 194.100 [Amended by 1967 c.541 �15; 2009 c.123 �3; repealed by 2013 c.219 �35 (194.385 enacted in lieu of 194.100)]

�� 194.110 [Repealed by 1989 c.976 �37]

�� 194.120 [Amended by 1961 c.498 �4; repealed by 1989 c.976 �37]

�� 194.130 [Amended by 1967 c.541 �19; repealed by 2013 c.219 �37 (194.390 enacted in lieu of 194.130)]

�� 194.140 [Repealed by 1989 c.976 �37]

�� 194.150 [Amended by 1967 c.541 �20; 1985 c.487 �3; repealed by 2013 c.219 �39 (194.395 enacted in lieu of 194.150)]

�� 194.152 [1989 c.976 �15; 2009 c.123 �4; repealed by 2013 c.219 �61]

�� 194.154 [1989 c.976 �19; repealed by 2013 c.219 �61]

�� 194.156 [1989 c.976 �20; repealed by 2013 c.219 �61]

�� 194.158 [1989 c.976 ��21,22; repealed by 2013 c.219 �61]

�� 194.160 [Amended by 1967 c.541 �16; repealed by 1989 c.976 �37]

�� 194.162 [1989 c.976 �23; repealed by 2013 c.219 �61]

�� 194.164 [1989 c.976 �24; 1997 c.631 �424; 2009 c.338 �2; repealed by 2013 c.219 �41 (194.400 enacted in lieu of 194.164)]

�� 194.166 [1989 c.976 �25; 2009 c.123 �5; 2009 c.338 �3; repealed by 2013 c.219 �61]

�� 194.168 [1989 c.976 �26; repealed by 2013 c.219 �61]

�� 194.170 [Amended by 1983 c.393 �20; repealed by 1989 c.976 �37]

�� 194.180 [1961 c.91 �1; repealed by 1971 c.250 �1]

�� 194.190 [1983 c.506 �3; repealed by 1989 c.976 �37]

�� 194.200 [1983 c.506 �4; 1989 c.976 �29; repealed by 2013 c.219 �43 (194.405 enacted in lieu of 194.200)]

REVISED UNIFORM LAW ON NOTARIAL ACTS

�� 194.205 Short title. This chapter may be cited as the Revised Uniform Law on Notarial Acts. [2013 c.219 �1]

�� 194.210 [Repealed by 1969 c.394 �5]

�� 194.215 Definitions. As used in this chapter:

�� (1) �Acknowledgment� means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the person identified in the record.

�� (2) �Clerk of a court of this state� means:

�� (a) The clerk, deputy clerk or court administrator of the Supreme Court, the Court of Appeals or the Oregon Tax Court;

�� (b) The trial court administrator or any other nonjudicial officer or employee of the circuit court for a county who is authorized by the presiding judge for the judicial district; or

�� (c) A nonjudicial officer or employee of a municipal court who is authorized by a judge of the municipal court.

�� (3) �Commercial paper� means instruments that are within the scope of ORS chapter 73, including drafts, checks, certificates of deposit and notes.

�� (4) �Electronic� means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

�� (5) �Electronic signature� means an electronic symbol, sound or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record.

�� (6) �In a representative capacity� means acting as:

�� (a) An authorized officer, agent, partner, trustee or other representative of a person other than an individual;

�� (b) A public officer, personal representative, guardian, conservator, trustee or other representative, in the capacity stated in a record;

�� (c) An agent of or attorney-in-fact for a principal; or

�� (d) An authorized representative of another in any other capacity.

�� (7) �Judge� means:

�� (a) Any judge of the circuit court, the Oregon Tax Court, the Court of Appeals or the Supreme Court, any Oregon Tax Court magistrate, any justice of the peace or municipal judge or any county judge who exercises judicial functions; or

�� (b) Any judge or justice of the peace pro tempore.

�� (8) �Notarial act� means:

�� (a) Taking an acknowledgment;

�� (b) Administering an oath or affirmation;

�� (c) Taking a verification on oath or affirmation;

�� (d) Witnessing or attesting a signature;

�� (e) Certifying or attesting a copy;

�� (f) Making, noting or recording a protest of a negotiable instrument; or

�� (g) Any other act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state.

�� (9) �Notarial officer� means a notary public or other individual authorized to perform a notarial act.

�� (10) �Notary public� means an individual commissioned to perform a notarial act by the Secretary of State.

�� (11) �Oath� and �affirmation� mean a notarial act or part of a notarial act in which a notary public certifies that a person made a vow in the presence of the notary public on penalty of perjury.

�� (12) �Official stamp� means a physical image affixed to a tangible record or an electronic image attached to or logically associated with an electronic record.

�� (13) �Person� means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity.

�� (14) �Record� means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

�� (15) �Sign� means, with present intent to authenticate or adopt a record:

�� (a) To execute or adopt a tangible symbol; or

�� (b) To attach to or logically associate with the record an electronic symbol, sound or process.

�� (16) �Signature� means a tangible symbol or an electronic signature that evidences the signing of a record.

�� (17) �Stamping device� means:

�� (a) A physical device capable of affixing to a tangible record an official stamp; or

�� (b) An electronic device or process capable of attaching to or logically associating with an electronic record an official stamp.

�� (18) �State� means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

�� (19) �Verification on oath or affirmation� means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true. [2013 c.219 �2]

�� 194.220 [Repealed by 1969 c.394 �5]

�� 194.225 Authority to perform notarial act. (1) A notarial officer may perform a notarial act authorized by this chapter or by law of this state other than this chapter.

�� (2) A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer�s spouse is a party, or in which either the officer or the officer�s spouse has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable.

�� (3) A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record. [2013 c.219 �3; 2020 s.s.1 c.12 ��21,22; 2021 c.344 �1]

�� 194.230 Requirements for certain notarial acts. (1) A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual.

�� (2) A notarial officer who takes a verification on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the declaration has the identity claimed and that the signature on the record containing the statement verified is the signature of the individual.

�� (3) A notarial officer who witnesses or attests a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed.

�� (4) A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true and accurate transcription or reproduction of the record or item.

�� (5) A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in ORS 73.0505. [2013 c.219 �4]

�� 194.235 Personal appearance required. If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer. [2013 c.219 �5]

�� 194.240 Identification of individual. (1) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.

�� (2) A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual:

�� (a) By means of:

�� (A) A United States passport or an officially recognized passport of a foreign country, or a driver license or identification card issued under ORS 807.400 or a comparable provision in another state, that is current or that expired not more than three years before performance of the notarial act; or

�� (B) A military identification card, an identity card issued by a federally recognized Indian tribe or other document issued by the federal government or a state, county or local government that is current or that expired not more than three years before performance of the notarial act and that contains the signature and a photograph of the individual;

�� (b) By a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of:

�� (c) Positively by examination or comparison of official government documents or records if the individual is confined in a correctional facility.

�� (3) A notarial officer may require an individual to provide additional information or identification credentials necessary to confirm the identity of the individual. [2013 c.219 �6]

�� 194.245 Authority to refuse to perform notarial act. (1) A notarial officer may refuse to perform a notarial act if the officer is not satisfied that:

�� (a) The individual executing the record is competent or has the capacity to execute the record;

�� (b) The individual�s signature is knowingly and voluntarily made; or

�� (c) The individual has provided sufficient information or identification credentials necessary to confirm the identity of the individual.

�� (2) A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this chapter. [2013 c.219 �7]

�� 194.250 Signature if individual unable to sign. If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual�s name on the record. The notarial officer shall insert �Signature affixed by (name of other individual) at the direction of (name of individual)� or words of similar import. [2013 c.219 �8]

�� 194.255 Notarial act in this state. (1) A notarial act may be performed in this state by:

�� (a) A notary public;

�� (b) A judge of this state or a clerk of a court of this state;

�� (c) A county clerk or county employee with recording responsibilities designated by the county; or

�� (d) Any other individual authorized by the law of this state to perform the notarial act.

�� (2) Notarial acts performed under ORS 194.260, 194.265, 194.270 or 194.275 have the same effect as if performed by a notarial officer of this state.

�� (3) The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.

�� (4) The signature and title of a notarial officer described in subsection (1) of this section conclusively establish the authority of the officer to perform the notarial act. [2013 c.219 �9]

�� 194.260 Notarial act in another state. (1) A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed in the other state is performed by:

�� (a) A notary public of the other state;

�� (b) A judge of the other state or a clerk of a court of the other state; or

�� (c) Any other individual authorized by the law of the other state to perform the notarial act.

�� (2) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.

�� (3) The signature and title of a notarial officer described in subsection (1) of this section conclusively establish the authority of the officer to perform the notarial act. [2013 c.219 �10]

�� 194.265 Notarial act under authority of federally recognized Indian tribe. (1) A notarial act performed under the authority of and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this state, if the act performed in the jurisdiction of the tribe is performed by:

�� (a) A notarial officer of the tribe;

�� (b) A judge of the tribe or a clerk of a court of the tribe; or

�� (c) Any other individual authorized by the law of the tribe to perform the notarial act.

�� (2) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.

�� 194.270 Notarial act under federal authority. (1) A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by:

�� (a) A judge or a clerk of a court;

�� (b) An individual in military service, or performing duties under the authority of the military service, who is authorized to perform notarial acts under federal law;

�� (c) An individual designated a notarizing officer by the United States Department of State for performing notarial acts overseas; or

�� (d) Any other individual authorized by federal law to perform the notarial act.

�� (2) The signature and title of an individual performing a notarial act under federal authority are prima facie evidence that the signature is genuine and that the individual holds the designated title.

�� (3) The signature and title of an individual described in subsection (1) of this section conclusively establish the authority of the individual to perform the notarial act. [2013 c.219 �12]

�� 194.275 Foreign notarial act. (1) As used in this section, �foreign state� means a government other than the United States, a state or a federally recognized Indian tribe.

�� (2) If a notarial act is performed under the authority of and in the jurisdiction of a foreign state or a constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this state as if performed by a notarial officer of this state.

�� (3) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.

�� (4) The signature and official stamp of an individual holding an office described in subsection (3) of this section are prima facie evidence that the signature is genuine and the individual holds the designated title.

�� (5) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.

�� (6) A consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office. [2013 c.219 �13]

�� 194.277 Notarial act performed for remotely located individual; rules. (1) As used in this section:

�� (a) �Communication technology� means an electronic device or process that:

�� (A) Allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and

�� (B) When necessary and consistent with other applicable law, facilitates communication with a remotely located individual who has a visual, hearing or speech impairment.

�� (b) �Foreign state� means a jurisdiction other than the United States, a state or a federally recognized Indian tribe.

�� (c) �Identity proofing� means a process or service by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources.

�� (d) �Outside the United States� means a location outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands and any territory, insular possession or other location subject to the jurisdiction of the United States.

�� (e) �Remotely located individual� means an individual who is not in the physical presence of the notary public who performs a notarial act under subsection (3) of this section.

�� (2) A remotely located individual may comply with ORS 194.235 by using communication technology to appear before a notary public.

�� (3) A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if:

�� (a) The notary public:

�� (A) Has personal knowledge under ORS 194.240 (1) of the identity of the remotely located individual;

�� (B) Has satisfactory evidence of the identity of the remotely located individual by a verification on oath or affirmation from a credible witness appearing before and identified by the notary public as a remotely located individual under this section or in the physical presence of the notary public under ORS 194.240 (2); or

�� (C) Has obtained satisfactory evidence of the identity of the remotely located individual by using at least two different types of identity proofing;

�� (b) The notary public is reasonably able to confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature;

�� (c) The notary public, or a person acting on behalf of the notary public, creates an audiovisual recording of the performance of the notarial act; and

�� (d) For a remotely located individual who is located outside the United States:

�� (A) The record:

�� (i) Is to be filed with or relates to a matter before a public official or court, governmental entity or other entity subject to the jurisdiction of the United States; or

�� (ii) Involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and

�� (B) The act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located.

�� (4) If a notarial act is performed under this section, the certificate of notarial act required by ORS 194.280 and the short form certificate provided in ORS 194.285 must indicate that the notarial act was performed using communication technology.

�� (5) A short form certificate provided in ORS 194.285 for a notarial act subject to this section is sufficient if it:

�� (a) Complies with rules adopted under subsection (8)(a) of this section; or

�� (b) Is in the form provided in ORS 194.285 and contains a statement substantially as follows: �This notarial act involved the use of communication technology.�

�� (6) A notary public, a guardian, conservator, trustee or agent of a notary public, or a personal representative of a deceased notary public shall retain the audiovisual recording created under subsection (3)(c) of this section or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by rule adopted under subsection (8)(d) of this section, the recording must be maintained for a period of at least 10 years after the recording is made.

�� (7) Before a notary public performs the notary public�s initial notarial act under this section, the notary public shall notify the Secretary of State that the notary public will be performing notarial acts with respect to remotely located individuals and identify the technologies the notary public intends to use. If the Secretary of State has established standards under subsection (8) of this section or ORS 194.360 for approval of communication technology or identity proofing, the communication technology and identity proofing used by the notary public must conform to those standards.

�� (8) In addition to adopting rules under ORS 194.360, the Secretary of State may adopt rules under this section regarding the performance of a notarial act. The rules may:

�� (a) Prescribe the means of performing a notarial act involving a remotely located individual using communication technology;

�� (b) Establish standards for communication technology and identity proofing;

�� (c) Establish requirements or procedures to approve providers of communication technology and the process of identity proofing; and

�� (d) Establish standards and a period for the retention of an audiovisual recording created under subsection (3)(c) of this section.

�� (9) Before adopting, amending or repealing a rule governing the performance of a notarial act with respect to a remotely located individual, the Secretary of State shall consider:

�� (a) The most recent standards regarding the performance of a notarial act with respect to a remotely located individual promulgated by national standard-setting organizations and the recommendations of the National Association of Secretaries of State;

�� (b) Standards, practices and customs of other jurisdictions that have laws substantially similar to this section; and

�� (c) The views of governmental officials and entities and other interested persons. [2020 s.s.1 c.12 �20]

�� 194.280 Certificate of notarial act. (1) A notarial act must be evidenced by a certificate. The certificate must:

�� (a) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the Secretary of State;

�� (b) Identify the jurisdiction in which the notarial act is performed;

�� (c) Contain the title of office of the notarial officer;

�� (d) Contain the name of the person for whom the notarial act is performed; and

�� (e) If the notarial officer is a notary public, indicate the date of expiration, if any, of the officer�s commission.

�� (2) The notarial officer may subsequently correct any information included on or omitted from the certificate.

�� (3) Except as provided in subsection (8) of this section, if a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to the certificate. If a notarial act regarding a tangible record is performed by a notarial officer other than a notary public and the certificate contains the information specified in subsection (1)(a) to (d) of this section, an official stamp may be affixed to the certificate. If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in subsection (1)(a) to (d) of this section, an official stamp may be attached to or logically associated with the certificate.

�� (4) A certificate of a notarial act is sufficient if it meets the requirements of subsections (1) to (3) of this section and:

�� (a) Is in a short form set forth in ORS 194.285;

�� (b) Is in a form otherwise permitted by the law of this state;

�� (c) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or

�� (d) Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in ORS 194.230, 194.235 and

ORS 195.505

195.505.

�� (b)(A) �Keeping warm and dry� means using measures necessary for an individual to survive outdoors given the environmental conditions.

�� (B) �Keeping warm and dry� does not include using any measure that involves fire or flame.

�� (c) �Public property� has the meaning given that term in ORS 131.705.

�� (2) Any city or county law that regulates the acts of sitting, lying, sleeping or keeping warm and dry outdoors on public property that is open to the public must be objectively reasonable as to time, place and manner with regards to persons experiencing homelessness.

�� (3) It is an affirmative defense to a charge of violating a city or county law described in subsection (2) of this section that the law is not objectively reasonable.

�� (4) A person experiencing homelessness may bring suit for injunctive or declaratory relief to challenge the objective reasonableness of a city or county law described in subsection (2) of this section. The action must be brought in the circuit court of the county that enacted the law or of the county in which the city that enacted the law is located.

�� (5) For purposes of subsections (2) and (3) of this section, reasonableness shall be determined based on the totality of the circumstances, including, but not limited to, the impact of the law on persons experiencing homelessness.

�� (6) In any suit brought pursuant to subsection (4) of this section, the court, in its discretion, may award reasonable attorney fees to a prevailing plaintiff if the plaintiff:

�� (a) Was not seeking to vindicate an interest unique to the plaintiff; and

�� (b) At least 90 days before the action was filed, provided written notice to the governing body of the city or county that enacted the law being challenged of an intent to bring the action and the notice provided the governing body with actual notice of the basis upon which the plaintiff intends to challenge the law.

�� (7) Nothing in this section creates a private right of action for monetary damages for any person. [2021 c.370 �1]

�� Note: 195.530 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

MISCELLANEOUS

�� 195.850 Reporting local government boundary changes to certain mass transit districts. If changes in the urban growth boundary of a local government must be included in the boundaries of a mass transit district formed under ORS 267.107, the local government shall provide the mass transit district with a legal description of the urban growth boundary and changes to the urban growth boundary that consists of a series of courses in which the first course starts at a point of beginning and the final course ends at the point of beginning. [2001 c.138 �13b]

�� 195.860 Final engineering plans; deadline for local review; writ of mandamus authorized. (1) As used in this section, �final engineering plans� means the detailed engineering plans and reports for the design or construction of public and private infrastructure improvements that require review and approval following tentative plat approval by a local government before issuing site development permits, including plans and reports for the construction of public and private infrastructure improvements such as grading, water, sewer, stormwater, transportation systems and utilities.

�� (2) After receiving an application for final engineering plans for residential development within an urban growth boundary, a local government shall:

�� (a) Within 30 days, confirm that the application was complete when submitted or specify all additional materials that must be included for the application to be considered complete.

�� (b) Complete the final review of the final engineering plans and, following the receipt of applicable fees, forms and bonds, approve or deny site development permits for construction of all public and private infrastructure improvements, within 120 days after the date on which:

�� (A) The application is deemed complete under paragraph (a) of this subsection;

�� (B) The applicant has provided all materials specified under paragraph (a) of this subsection; or

�� (C) The applicant states that no additional materials are forthcoming.

�� (3) The review period for a local government to complete its review under subsection (2)(b) of this section:

�� (a) Is tolled during the time period beginning on the date on which a local government sends a direction to the applicant to correct or supplement the application and ending on the date on which the amended application is received by the local government.

�� (b) May be extended one or more times for a specified period at the written request of the applicant, provided that the total of all extensions does not exceed 245 days.

�� (4)(a) If the local government does not take final action on the application within the deadline provided under subsection (2)(b) of this section, including any extension under this section, the applicant may file a petition for a writ of mandamus under ORS 34.130 in the circuit court of the county where the application was submitted.

�� (b) The local government shall retain jurisdiction to make a decision until a petition for a writ of mandamus is filed.

�� (c) Upon receiving a petition filed under ORS 34.130, the circuit court has jurisdiction for all decisions regarding the application, including settlement.

�� (d) The court shall issue a peremptory writ unless the local government or any intervenor shows that the approval of final engineering plans would violate a substantive provision of the local government�s regulations. [2025 c.330 �1]

�� Note: 195.860 becomes operative July 1, 2026. See section 6, chapter 330, Oregon Laws 2025.

�� Note: 195.860 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 195.870 Battery-charged fence; preemption of local laws. (1) As used in this section:

�� (a) �Alarm system� means any electrical, mechanical or electronic device or sensor used to prevent, detect or alert law enforcement or occupants of burglary, theft, or intrusion of a structure or a vehicle used as a commercial structure.

�� (b) �Battery-charged fence� means a fence that interfaces with an alarm system in a manner that enables the fence to cause the connected alarm system to transmit a signal intended to summon law enforcement in response to an intrusion and has an energizer that is driven by battery.

�� (c) �IEC standards� means the standards set by the International Electrotechnical Commission as most recently published on or before January 1, 2021.

�� (2) A battery-charged fence:

�� (a) Must use a battery that is not more than 12 volts of direct current;

�� (b) Must produce an electric charge on contact that does not exceed energizer characteristics set for electric fence energizers by IEC standards;

�� (c) Must be surrounded by a nonelectric perimeter fence or wall that is not less than five feet in height;

�� (d) May not be higher than the greater of 10 feet in height or two feet higher than the height of the nonelectric perimeter fence or wall; and

�� (e) Must be marked with conspicuous warning signs that are located on the fence at not more than 30-foot intervals and that read: �WARNING: ELECTRIC FENCE.�

�� (3) Except as required by state building code, a local government, as defined in ORS 197.015, may not adopt or enforce any ordinance, land use regulation or building code for property not zoned or used for residential use that:

�� (a) Prohibits the installation or use of a battery-charged fence.

�� (b) Imposes installation or operational requirements inconsistent with IEC standards or this section for an alarm system or battery-charged fence.

�� (c) Requires a permit for the installation or use of a battery-charged fence that is additional to an alarm system permit issued by the local government. [2022 c.3 �1]

�� Note: 195.870 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 195.900 Local review of wind energy facility lighting requirements. The governing body of a county or city or its designee may not allow or permit a wind energy facility, as defined in ORS 195.902, unless the person seeking to develop or repower the wind energy facility provides proof that the person is in compliance with the requirements in ORS 195.902 (3)(a). [2025 c.74 �2]

�� Note: Section 3, chapter 74, Oregon Laws 2025, provides:

�� Sec. 3. Sections 1 [195.902] and 2 [195.900] of this 2025 Act apply to any wind energy facility, as defined in section 1 of this 2025 Act, for which a person applies, on or after January 1, 2028, to the Federal Aviation Administration for a determination of hazard or no hazard to air navigation with regard to the wind energy facility. [2025 c.74 �3]

�� Note: 195.900 and 195.902 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 195.902 Wind energy facility lighting requirements. (1) As used in this section:

�� (a) �Hub height� means the distance from the ground to the middle of a wind-powered turbine�s rotor.

�� (b) �Light-mitigating technology system� means a system approved by the Federal Aviation Administration that is capable of reducing the impact of obstruction lighting while maintaining conspicuity sufficient to assist aircraft in identifying and avoiding collision with a structure or facility.

�� (c) �Maintenance� means activities to keep a wind energy facility in an efficient operating condition and that do not add to the value or extend the expected economic life or increase the nameplate capacity or energy output of the facility.

�� (d) �Person� means a developer, owner or operator.

�� (e) �Repower� means to replace all or substantially all of a wind energy facility for the purpose of extending the life of the facility, and the replacement is not part of routine maintenance.

�� (f) �Wind energy facility� means an electric power generating facility that is made up of five or more wind-powered turbines and one or more of the wind-powered turbines:

�� (A) Are required under Federal Aviation Administration regulations to have obstruction lights; or

�� (B) Have an obstruction light and a hub height that is 75 or more feet above the ground level.

�� (2) A wind energy facility may not commence operations or, following repowering, recommence operations unless the person developing or repowering the wind energy facility meets the requirements in subsection (3) of this section.

�� (3)(a) A person developing or repowering a wind energy facility who receives from the Federal Aviation Administration a determination of no hazard to air navigation with regard to the wind energy facility shall apply to the administration and, if applicable, the Federal Communications Commission, for approval for the installation and use of light-mitigating technology systems for the wind energy facility�s wind-powered turbines.

�� (b) If the administration issues a determination that the installation and use of a light-mitigation technology system is not a hazard to air navigation and, as applicable, the commission issues its approval, the person shall install and use light-mitigating technology systems on approved wind-powered turbines. The person shall install and begin using the light-mitigating technology systems:

�� (A) Within 24 months from the date the administration issues its determination;

�� (B) If applicable, within 24 months from the later of:

�� (i) The date the administration issues its determination; or

�� (ii) The date the commission issues its approval; or

�� (C) As soon as reasonably practicable after the date specified in subparagraph (A) or (B) of this paragraph if installation is delayed due to reasons outside of the person�s control.

�� (c) A person is not required to install or use a light-mitigating technology system on a wind-powered turbine if:

�� (A) The administration issues a determination that the installation or use of the light-mitigation technology system is a hazard to air navigation;

�� (B) The administration does not issue a determination within 12 months from the date the person submits the application to the administration;

�� (C) If applicable, the commission does not issue its approval for the installation and use of the light-mitigating technology system; or

�� (D) If applicable, the commission does not issue its approval within 12 months from the date the person submits the application to the commission.

�� (4) Nothing in this section shall require a person to carry out light mitigation in a manner that conflicts with an applicable federal law or regulation. [2025 c.74 �1]

�� Note: See notes under 195.900.

�� 195.912 Local review of transmission line upgrade. (1) As used in this section:

�� (a) �Electric company� means an electric company, as defined in ORS 757.600, that owns and operates a transmission system and sells more than 2 million megawatt hours of electricity in a calendar year.

�� (b) �Footprint� means an area that is being actively managed and is part of a right-of-way of an existing transmission line.

�� (c) �Transmission line� means any aboveground or underground electric transmission lines with a capacity of 57,000 volts or more, including the utility poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances and all related facilities required for the acceptance of electric services by the transmission lines.

�� (2) A decision on an application for an upgrade to an existing transmission line that is owned by an electric company shall be made, as provided in this section, by a local government with jurisdiction over the transmission line, provided that the upgrade:

�� (a) Is sited entirely within the existing transmission line�s utility right-of-way or private easement;

�� (b) Entails only the deployment, construction or installation of grid enhancing technologies, as defined in ORS 757.808, and associated modifications as required to meet current national electrical safety standards such as the National Electrical Safety Code, and not any other type of upgrade, expansion or improvement;

�� (c) Does not expand the footprint of any part of the transmission lines if sited within an area designated for a statewide land use planning goal related to natural resources, scenic and historic areas and open spaces or the Willamette River Greenway; and

�� (d) Does not include:

�� (A) Adding additional transmission lines or substations; or

�� (B) Modifications to substations or transformers unless they are within the footprint of the original substation or transformer.

�� (3) A decision on an application, as provided in this section, including a decision that determines whether the provisions of subsection (2) of this section apply:

�� (a) May be subject only to clear and objective standards, conditions and procedures;

�� (b) May be conditioned upon obtaining any necessary approvals by the State Department of Energy or federal government;

�� (c) Is not a land use decision, as defined in ORS 197.015;

�� (d) May not be subject to a public hearing; and

�� (e) May not be appealed except by writ of review under ORS 34.010 to 34.100. [2025 c.391 �4]

�� Note: 195.912 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

ORS 196.180

196.180. This compact shall take effect after two or more of the States of Alaska, California, Hawaii or Washington ratify the compact and consent is granted by Congress as required by section 10, Article I of the Constitution of the United States.

�� (2) In addition to the States of Alaska, California, Hawaii and Washington, the Province of British Columbia may become an associate party to the compact, without voting power. Upon request of the Province of British Columbia and approval of Congress, the Province of British Columbia may become a full party to this compact with the same rights and powers as the party states. [1991 c.617 �1]

�� Note: 196.175 to 196.185 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 196 by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 196.180 Compact provisions. The provisions of the Pacific Ocean Resources Compact are as follows:

ARTICLE I

Findings and Purpose

A. The parties recognize:

�� (1) The States of Alaska, California, Hawaii, Oregon and Washington and the Province of British Columbia have a common interest in the protection of marine and coastal resources. This common interest results from:

�� (a) The fluid, dynamic ocean currents and atmospheric winds that carry pollutants beyond one party�s coastal area to another.

�� (b) The migratory nature of many important living marine resources that depend upon the marine habitat of various parties for different parts of their lifecycle.

�� (c) The economic reliance of each party upon renewable resources of the ocean.

�� (d) The use of the ocean for transport of oil and other hazardous substances between ports in the various parties and other nations.

�� (e) A regional interest in providing a stable environment for those communities dependent upon ocean resources and ocean trade for a livelihood.

�� (2) Some marine resource activities, such as fisheries, are currently highly managed with regard for their regional or transboundary nature through existing state programs, regional fisheries councils, interstate compacts and international treaties. Because there are existing formal mechanisms for interstate cooperation and coordination for these marine resource activities, this compact is not intended to encompass these activities or to grant to the Pacific Ocean Resources Compact authority to regulate resource allocation or management as it may pertain to the use and consumption of marine resources.

�� (3) A formal interstate agreement does not exist to address and resolve issues of mutual concern or to coordinate individual programs of the parties that affect regional interests in the areas of:

�� (a) Prevention of oil and hazardous substance spills;

�� (b) Transportation of oil and other hazardous substances;

�� (c) Oil and hazardous substance spill response planning;

�� (d) Environmental monitoring and research; and

�� (e) Ocean resource management.

�� (4) Each party has jurisdiction over the submerged and submersible lands within its territorial sea and responsibility for management of many marine resources and ocean uses. Each party has unique natural resource, social, economic and political conditions for which local management by the individual party is the most appropriate.

�� (5) Parties now do not have an effective means to address mutual concerns related to transport of oil and hazardous substances in waters within and beyond the party�s jurisdiction that may jeopardize ocean resources and uses important to one or more coastal parties.

�� (6) The 1983 Presidential Proclamation of the 200-mile United States Exclusive Economic Zone has created the opportunity for all coastal states to more fully exercise and assert their responsibilities pertaining to the protection, conservation and development of ocean resources under United States jurisdiction.

�� (7) Citizens of the Pacific states and the Province of British Columbia are increasingly concerned with the environmental integrity of the ocean and protection of all ocean resources.

�� (8) Recent studies conducted in the wake of major accidental releases of oil or hazardous substances have concluded that the existing system of response to spills could be improved in the following ways to provide better protection of ocean resources:

�� (a) Enhanced personnel training and qualifications;

�� (b) Improved vessel design and integrity;

�� (c) Better mechanisms for cost recovery by the states or the province;

�� (d) Improved coordination in regulatory oversight;

�� (e) Enhanced traffic management; and

�� (f) An improved information base dealing with marine and coastal environments.

�� (9) A spill or discharge of oil or hazardous substance from an ocean-going vessel has the potential of causing major regional impacts.

B. Therefore, the purposes of this compact shall be:

�� (1) To assist in the promotion of interstate commerce by encouraging uniform regulation of the transportation of oil or hazardous substance within the compact zone.

�� (2) To provide a legal mechanism to regulate certain ocean activities within the United States Exclusive Economic Zone.

�� (3) To enhance regional coordination of issues of critical importance.

�� (4) To work with federal agencies to advance the best interest of the region.

�� (5) To foster regional cooperation and pooling of resources to reduce costs and increase effective use of scarce resources.

�� (6) To monitor activities of concern to the parties.

�� (7) To address issues of mutual concern to the Pacific states and the Province of British Columbia and enhance the parties� influence over activities of concern that are not now addressed through existing compacts, including:

�� (a) Spill prevention;

�� (b) Transportation of oil and other hazardous substances;

�� (c) Spill response planning;

�� (d) Environmental monitoring and research; and

�� (e) Ocean resource management.

�� (8) To foster cooperation and coordination among the parties in order to increase the effectiveness of the individual party�s ocean laws and programs.

�� (9) To provide technical assistance to parties for ocean activities covered by this compact.

�� (10) To provide for formal participation by the Province of British Columbia with the compact to more fully address issues of regional concern.

�� (11) To insure that the citizens of the region have opportunities to participate in discussions and deliberations of regional ocean resources issues.

�� (12) To establish an innovative system under which the parties can represent their shared interests within the compact zone, including:

�� (a) The maintenance and protection of common ocean resources; and

�� (b) The vessel transportation of oil and other hazardous substances.

�� (13) To recommend uniform safety standards for routes, crews and equipment for vessels transporting oil and hazardous substances within the compact zone and monitor the implementation of these standards and regulations by federal agencies, states or provinces and private industry.

�� (14) To promote more coordinated management of ocean resources that are of mutual concern.

�� (15) To provide a forum for the regional coordination of the individual parties� plans for the management and protection of those areas of the Pacific Ocean and adjacent waters over which the compacting parties jointly or separately now have or may acquire jurisdiction.

ARTICLE II

Definitions

As used in this compact:

�� (1) �Compact� means the representative body created by Article IV of this compact.

�� (2) �Compact zone� means the portion of the oceans bordering the parties within the 200-mile exclusive economic zone.

�� (3) �Hazardous substance� or �hazardous substances� means any element or compound that, when it enters in or upon the water, presents an imminent and substantial danger to the public health or welfare or the environment, including but not limited to fish, animals, vegetation or any part of the natural habitat in which they are found. �Hazardous substance� includes but is not limited to a substance designated under 33 U.S.C. �1321 (b)(2)(A), any element, compound, mixture, solution or substance designated under 42 U.S.C. �9602, any hazardous waste having characteristics identified under or listed under 42 U.S.C. �6921, any toxic pollutant listed under 33 U.S.C. �1317 (a) and any imminently hazardous chemical substance or mixture with respect to which the Administrator of the United States Environmental Protection Agency has taken action under 15 U.S.C. �2606.

�� (4) �Navigable waters� means the waters of the United States, including the territorial sea.

�� (5) �Oil� means crude petroleum oil and any other hydrocarbons regardless of gravity, which are produced at the well in liquid form by ordinary production methods, and any petroleum products or petrochemicals of any kind and in any form whether crude, refined or a petroleum by-product, including petroleum, fuel oil, gasoline, lubricating oils, oily sludge, oily refuse or mixed with other wastes, liquefied natural gas or propane.

�� (6) �Party� means a state or province that ratifies this compact as provided in Article III of this compact.

�� (7) �Representative� means an individual appointed as provided in Article IV of this compact to represent a party to the compact.

�� (8) �Vessel� means a watercraft or other artificial contrivance that is constructed or adapted to carry, or that carries oil or hazardous substance in bulk as cargo or cargo residue, and that:

�� (a) Operates on the navigable waters of the compact zone; or

�� (b) Transfers oil or hazardous substance in a place subject to the jurisdiction of the United States.

ARTICLE III

Operative Dates

�� (1) Except as provided in paragraph (2) of this Article, this compact shall become effective when two or more of the States of Alaska, California, Hawaii or Washington ratify the compact and the consent of Congress is or has been granted as required by section 10, Article I of the Constitution of the United States.

�� (2) This agreement shall become operative as to the Province of British Columbia as a full party upon request of the Province of British Columbia and approval of the Congress.

ARTICLE IV

Pacific Ocean Resources Compact

�� (1) The Pacific Ocean Resources Compact is created and shall have its offices within the territorial limits of one of the parties, shall carry out its duties and functions in accordance with this compact, shall continue in force and effect in accordance with this compact, and, except as specifically provided in this compact, shall not be considered an agency or instrumentality of the United States for the purpose of any federal law. Each party participating in this compact shall appoint two persons, subject to the applicable laws of the appointing party, to undertake the functions and duties of representatives of the compact. This compact shall be invested with the powers and duties set forth in this compact.

�� (2) The term of each representative shall be four years. A representative shall hold office until a successor is appointed and qualified but the successor�s term shall expire four years from legal date of expiration of the term of the predecessor. Vacancies occurring in the office of a representative for any reason or cause shall be filled for the unexpired term by the party represented by the vacancy. Any party may remove the representative for that party in accordance with the statutes of the party concerned. Each representative may delegate to a deputy the power to be present and participate, including voting as the representative or substitute, at any meeting of or hearing by or other proceeding of the compact.

�� (3) The compact shall invite the Secretary of Transportation, the Administrator of the United States Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration or their designees to participate as nonvoting members of the compact.

ARTICLE V

Pacific Ocean Resources Compact Authority

�� (1) The Pacific Ocean Resources Compact is authorized to:

�� (a) Facilitate the prevention of oil and hazardous substance spills by:

�� (A) Serving as a West Coast Spill Prevention Advisory Committee to the United States Coast Guard. As such, the compact shall advise the United States Coast Guard on matters pertaining to spill prevention within the compact zone and also shall advise the United States Coast Guard on other matters within the compact�s authority as set forth in this compact.

�� (B) Participating as an interested person in any rulemaking proceeding by the United States Coast Guard related to the establishment of safety standards for routes, crews and equipment for vessels transporting oil and hazardous substances. The United States Coast Guard shall adopt the recommendations of the compact, unless the United States Coast Guard makes a finding, as part of the rulemaking process, that the adoption of such recommendations would not further the prevention of oil and hazardous substance spills.

�� (C) As an interested person, requesting the United States Coast Guard to initiate rulemaking for the establishment or amendment of safety standards for routes, crews and equipment for vessels transporting oil and hazardous substances. The United States Coast Guard shall initiate rulemaking as requested by the compact, unless the United States Coast Guard makes a finding that the initiation of such rulemaking would not further the prevention of oil and hazardous substance spills.

�� (D) Making recommendations to other appropriate state, federal and regional entities regarding uniform safety standards for routes, crews and equipment for vessels transporting oil and hazardous substances in the compact zone.

�� (b) Insure a coordinated network of oil and hazardous substance spill response plans and programs of the parties, federal agencies and private organizations.

�� (c) By regulation, establish the requirements for submission of and approval by the compact of a contingency plan by any vessel transporting oil or hazardous substance in the compact zone. Such requirements shall be consistent with the requirements for response plans under section 4202 of the Oil Pollution Act of 1990 (P.L. 101-380). A plan developed in accordance with the regulations adopted by the compact and approved by the compact shall satisfy the requirements of section 4202 of the Oil Pollution Act and shall supersede any requirements of an individual party for submitting a vessel contingency or spill response plan. However, all plans approved by parties to this compact before the operative date of the compact shall remain in full force and effect until a contingency plan is approved by the compact pursuant to this paragraph. In establishing regulations under this paragraph, the compact shall work closely with officials of the parties to assure that the vessel contingency plans required under this compact include all subject areas included by the member parties, in the standards for vessel contingency plans of the parties, in aggregate, before the adoption of the compact.

�� (d) Establish and maintain an informational clearinghouse related to spill response, including a directory of personnel, equipment, technical expertise, organizations and other resources available to assist as part of a regional oil or hazardous substance spill response.

�� (e) Provide a forum for discussion and recommendation to resolve conflicts among member parties or the federal government regarding various ocean resources programs that have been or may be established by each party.

�� (f) Provide opportunities for public participation in compact activities by holding meetings of the compact in various locations within the territorial limits of the parties, providing opportunities for public comment at meetings and developing a public outreach program.

�� (g) Designate state or provincial agency officials to act on behalf of the compact as liaisons with federal agencies.

�� (h) Identify the regional data needs related to ocean resources and recommend a method for compiling the data in a format that can be shared by all parties.

�� (i) Consult with and advise any pertinent party or federal agency with regard to problems connected with ocean resources management and recommend the adoption of any rules or regulations the compact considers advisable that are within the jurisdiction of the agency.

�� (j) Establish sanctions and a schedule of civil penalties for violations of the rules or regulations of the compact and impose such sanctions or civil penalties in accordance with 5 U.S.C. ��551 to 559 and ��701 to 706.

�� (k) Request the United States Coast Guard to enforce or assist in the enforcement of any regulations adopted by the compact including but not limited to regulations related to the submission of a contingency plan or financial assurance requirements in the compact zone.

�� (L) Establish a schedule of reasonable fees to be assessed for the review of a contingency plan submitted under paragraph (c) of this subsection. The fees shall be sufficient to recover the costs of reviewing the plans and conducting any related inspections. The fees may be assessed in increments up to the maximum amount.

�� (2) In addition to the authority granted under paragraph (1) of this Article, the compact may:

�� (a) Accept grants and gifts.

�� (b) Enter into contracts for whose performance the compact shall be solely responsible in order to support its operations.

�� (c) Conduct and prepare, independently or in cooperation with others, studies, investigations, research and programs relating to the purposes of this compact.

�� (d) Conduct public hearings on matters pertaining to the purposes of this compact.

�� (e) Establish a standardized cost recovery formula for damages to other resources based on the amount of oil or hazardous substance spilled.

�� (f) Enter into an agreement with the United States Coast Guard under which the compact will administer compliance with the requirements for demonstrating financial responsibility under section 1016 of the Oil Pollution Act of 1990 in an amount established by the compact. Such proof of financial responsibility, if established by the compact, shall satisfy and supersede the requirement of any individual party for demonstrating financial responsibility. However, all financial responsibility requirements established by the parties to this compact before the compact establishes an amount under this paragraph shall remain in full force and effect until the compact establishes a requirement and enters into an agreement with the United States Coast Guard under this paragraph. In establishing the amount of financial responsibility under this paragraph, the compact shall work with officials of each party to assure that such requirements are sufficient to satisfy the requirements of the parties, in aggregate.

�� (g) In accordance with the provisions of 5 U.S.C. ��551 to 559 and ��701-706, enforce the rules and regulations adopted by the compact to carry out the authority of the compact as set forth in this Article.

�� (h) Appoint technical and advisory committees for the purpose of advising the compact on regional ocean resources issues, data needs and format and other purposes related to the compact�s activities. A technical or advisory committee appointed by the compact shall not be subject to the provisions of the Federal Advisory Committee Act (P.L. 92-463, as amended).

�� (i) Allow a variance from the provisions of this compact or rules or regulations adopted by the compact pursuant to this Article. A variance shall be based on a showing by the person or entity seeking the variance that the activity allowed under the variance will have no regional impact and that the variance is economically necessary. Under no circumstances may a variance result in the regulation of the transportation of oil or hazardous substance according to standards less stringent than standards imposed under federal law.

�� (3) The compact shall adopt all regulations necessary to carry out its duties and exercise its authority under this Article. The compact shall adopt such regulations in accordance with the provisions of 5 U.S.C. ��500 to 559.

ARTICLE VI

Pacific Ocean Resources Compact

Organization

�� The compact shall select a chairperson and a vice chairperson. After the initial chairperson and vice chairperson are selected, the compact shall establish a rotation for the selection of the chairperson and vice chairperson so the office rotates through the parties to the compact. The compact shall appoint and at its pleasure remove or discharge such officers and employees as may be required to carry the provisions of this compact into effect and shall fix and determine their duties, qualifications and compensation. The compact shall adopt rules and regulations for the conduct of its business. It may establish and maintain one or more offices for the transaction of its business and may meet at any time or place within the territorial limits of the signatory parties but must meet at least once a year.

ARTICLE VII

Voting and Quorum

�� (1) A majority of the representatives shall constitute a quorum.

�� (2) Each representative shall be entitled to one vote. No action or decision of the compact shall be approved unless the action or decision receives a majority of the votes of the representatives, including at least one affirmative vote from each party.

ARTICLE VIII

Support Agencies

�� The compact may contract for the staff support necessary to carry out the purposes of this compact or request appropriate agencies of the signatory parties to act as the research agencies of the compact.

ARTICLE IX

Parties� Powers Under Compact

�� Except as specifically provided in Article V of this compact, nothing in this compact shall be construed to limit the powers of any party or to repeal or prevent the enactment of any legislation or the enforcement of any requirement imposing additional conditions and restrictions to conserve ocean resources.

ARTICLE X

Absence

�� Continued absence of representation or of any compact representative from any party shall be brought to the attention of the appointing authority of the party not represented.

ARTICLE XI

Funding

�� (1) Each party shall contribute to the support of the compact.

�� (2) The annual contribution of each party shall be figured to the nearest $100.

�� (3) The compact shall prepare an annual budget which shall be approved by vote of the compact. After approval, the proposed budget shall be presented to the chief executive and legislative body of the signatory parties.

�� (4) Each party shall be responsible for the expenses of its own representatives.

ARTICLE XII

Withdrawal from Compact

�� This compact shall continue in force and remain binding upon each party until renounced by it. Renunciation of this compact must be preceded by sending six months� notice in writing of intention to withdraw from the compact to the other parties to the compact.

[1991 c.617 �2]

�� Note: See note under 196.175.

�� 196.185 Representation on compact. One member of the Senate appointed by the President of the Senate and one member of the House of Representatives appointed by the Speaker of the House of Representatives shall act as the representatives of the State of Oregon on the Pacific Ocean Resources Compact in accordance with the powers and duties set forth in the compact. [1991 c.617 �3]

�� Note: See note under 196.175.

WILLAMETTE FALLS LOCKS

�� 196.200 Definitions for ORS 196.200 to 196.240 and 196.993. As used in ORS 196.200 to 196.240 and 196.993, �Willamette Falls Locks project� means:

�� (1) The project for navigation, Willamette Falls Locks, Willamette River, Oregon, authorized by the Act of June 25, 1910 (61 P.L. 264, 36 Stat. 630, 664, chapter 382);

�� (2) Any land in which the federal government had a property interest for the project described in subsection (1) of this section as of June 11, 2021; and

�� (3) Any improvements on the land described in subsection (2) of this section. [2021 c.229 �1]

�� Note: 196.200 to 196.240 and 196.993 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 196 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 196.205 Establishment of Willamette Falls Locks Authority as independent public corporation. (1) The Willamette Falls Locks Authority is established as a public corporation and shall exercise and carry out all powers, rights and privileges that are expressly conferred upon the authority, are implied by law or are incident to such powers, rights and privileges. The authority is an independent public corporation with a statewide mission and purposes and without territorial boundaries. The authority is a governmental entity performing governmental functions and exercising governmental powers but, except as otherwise provided by law, is not a unit of local or municipal government or a state agency for purposes of state statutes or constitutional provisions.

�� (2) Unless otherwise provided by law, the authority is not subject to ORS 35.550 to

ORS 196.800

196.800, or onto real property owned by a party other than the insured constitutes damage, destruction or injury to property. Any remedial action costs, as defined in ORS 465.200, that an insured incurs as a result of any action taken to cut off a pathway by which a hazardous substance threatens to, or has, migrated, leached or otherwise been released into the waters of this state, as defined in ORS 196.800, or onto real property owned by a party other than the insured are remedial action costs that the insured is legally obligated to pay as damages because of the damage, destruction or injury to such property even though such action also involves the property of the insured.

�� (3)(a) An insurer with a duty to pay defense or indemnity costs, or both, to an insured for an environmental claim under a general liability insurance policy that provides that the insurer has a duty to pay all sums arising out of a risk covered by the policy, must pay all defense or indemnity costs, or both, proximately arising out of the risk pursuant to the applicable terms of its policy, including its limit of liability, independent and unaffected by other insurance that may provide coverage for the same claim.

�� (b) If an insured who makes an environmental claim under one or more general liability insurance policies that provide that an insurer has a duty to pay all sums arising out of a risk covered by the policies has more than one such general liability insurance policy that is triggered with one or more insurers, the insured shall provide notice of the claim to all such insurers for whom the insured has current addresses. If the insured�s claim is not fully satisfied and the insured files suit on the claim against less than all the insurers, the insured may choose which of the general liability insurance policies respond to the loss if not all are required to satisfy the insured�s claim. The insured or the insurers have a right to contribution as specified in subsection (4) of this section from all other insurers whose policies are triggered, and an insurer that has an obligation to pay may not fail to make payment to the insured on the grounds that another insurer has not made payment, unless the insurer has no obligation to respond to a claim until the limits of the underlying policy have been paid. The insured must choose that insurer based on the following factors:

�� (A) The total period of time that an insurer issued a general liability insurance policy to the insured applicable to the environmental claim;

�� (B) The policy limits, including any exclusions to coverage, of each of the general liability insurance policies that provide coverage or payment for the environmental claim; or

�� (C) The policy that provides the most appropriate type of coverage for the type of environmental claim for which the insured is liable or potentially liable.

�� (c) If requested by an insurer chosen by an insured under paragraph (b) of this subsection, the insured shall provide information regarding other general liability insurance policies held by the insured that would potentially provide coverage for the same environmental claim.

�� (d) An insurer chosen by an insured under paragraph (b) of this subsection may not be required to pay defense or indemnity costs in excess of the applicable policy limits, if any, on such defense or indemnity costs, including any exclusions to coverage.

�� (4)(a) An insurer that has paid all or part of an environmental claim may seek contribution from any other insurer that is liable or potentially liable to the insured and that has not entered into a good-faith settlement agreement with the insured regarding the environmental claim.

�� (b) There is a rebuttable presumption that all binding settlement agreements entered into between an insured and an insurer are good-faith settlements. A settlement agreement between an insured and insurer that has been approved by a court of competent jurisdiction after 30 days� notice to other insurers is a good-faith settlement agreement with respect to all such insurers to whom such notice was provided.

�� (c) For purposes of ascertaining whether a right of contribution exists between insurers, an insurer that seeks to avoid or minimize payment of contribution may not assert a defense that the insurer is not liable or potentially liable because another insurer has fully satisfied the environmental claim of the insured and damages or coverage obligations are no longer owed to the insured.

�� (d) Contribution rights by and among insurers under this section preempt all common law contribution rights, if any, by and between insurers for environmental claims.

�� (5) If a court determines that the apportionment of recoverable costs between insurers is appropriate, the court shall allocate the covered damages between the insurers before the court, based on the following factors:

�� (a) The total period of time that each solvent insurer issued a general liability insurance policy to the insured applicable to the environmental claim;

�� (b) The policy limits, including any exclusions to coverage, of each of the general liability insurance policies that provide coverage or payment for the environmental claim for which the insured is liable or potentially liable;

�� (c) The policy that provides the most appropriate type of coverage for the type of environmental claim;

�� (d) The terms of the policies that related to the equitable allocation between insurers; and

�� (e) If the insured is an uninsured for any part of the time period included in the environmental claim, the insured shall be considered an insurer for purposes of allocation.

�� (6) If an insured is an uninsured for any part of the time period included in the environmental claim, an insurer who otherwise has an obligation to pay defense costs may deny that portion of defense costs that would be allocated to the insured under subsection (5) of this section.

�� (7)(a) There is a rebuttable presumption that the costs of preliminary assessments, remedial investigations, risk assessments or other necessary investigation, as those terms are defined by rule by the Department of Environmental Quality, are defense costs payable by the insurer, subject to the provisions of the applicable general liability insurance policy or policies.

�� (b) There is a rebuttable presumption that payment of the costs of removal actions or feasibility studies, as those terms are defined by rule by the Department of Environmental Quality, are indemnity costs and reduce the insurer�s applicable limit of liability on the insurer�s indemnity obligations, subject to the provisions of the applicable general liability insurance policy or policies.

�� (8) The rules of construction set forth in this section and ORS 465.481 and 465.483 do not apply if the application of the rule results in an interpretation contrary to the intent of the parties to the general liability insurance policy. [1999 c.783 �4; 2003 c.799 �2; 2013 c.350 �4]

�� 465.481 General liability insurance policies; assignment. (1) A general liability insurance policy that contains a provision that requires the consent of an insurance company before the rights under an insurance policy may be assigned may not prohibit the assignment without consent of an environmental claim for payment under the policy for losses or damages that commenced prior to the assignment. The assignment and any release or covenant given for the assignment may not extinguish the cause of action against the insurer unless the assignment specifically so provides.

�� (2) The provisions of this section apply without limitation to voluntary assignments, assignments made in settlement of an environmental claim against a policyholder, assignments made as a matter of law and assignments made in the course of a corporate insured reorganization, merger, acquisition or liquidation. [2013 c.350 �2]

�� 465.482 [1999 c.783 �6; renumbered 465.485 in 2013]

�� 465.483 General liability insurance policies; duty to defend; environmental consultants. (1) If the provisions of a general liability insurance policy impose a duty to defend upon an insurer, and the insurer has undertaken the defense of an environmental claim on behalf of an insured under a reservation of rights, or if the insured has potential liability for the environmental claim in excess of the limits of the general liability insurance policy, the insurer shall provide independent counsel to defend the insured who shall represent only the insured and not the insurer.

�� (2)(a)(A) Independent counsel retained by the insurer to defend the insured under the provisions of this section must be experienced in handling the type and complexity of the environmental claim at issue.

�� (B) If independent counsel who meet the requirements specified in this paragraph are not available within the insured�s community, then independent counsel from outside the insured�s community who meet the requirements of this paragraph must be considered.

�� (b)(A) An insurer may retain environmental consultants to assist an independent counsel described in subsection (1) of this section. Any environmental consultants retained by the insurer must be experienced in responding to the type and complexity of the environmental claim at issue.

�� (B) If environmental consultants who meet the requirements specified in this paragraph are not available within the insured�s community, then environmental consultants from outside the insured�s community who meet the requirements of this paragraph must be considered.

�� (c) As used in this subsection, �experienced� means an established environmental practice that includes substantial defense experience in the type and complexity of environmental claim at issue.

�� (3)(a) The obligation of the insurer to pay fees to independent counsel and environmental consultants is based on the regular and customary rates for the type and complexity of environmental claim at issue in the community where the underlying claim arose or is being defended.

�� (b) In the event of a dispute concerning the selection of independent counsel or environmental consultants, or the fees of the independent counsel or an environmental consultant, either party may request that the other party participate in nonbinding environmental claim mediation described in ORS 465.484 (2).

�� (4) The provisions of this section do not relieve the insured of its duty to cooperate with the insurer under the terms of the insurance contract. [2013 c.350 �7]

�� 465.484 Unfair environmental claims settlement practices; environmental claim mediation; damages. (1) An insurer or any other person may not commit any of the following unfair environmental claims settlement practices:

�� (a) Failure to commence investigation of an environmental claim within 15 working days after receipt of a notice of an environmental claim or failure to diligently respond to tenders of environmental claims, provided that an excess insurer may rely on the investigation of a primary insurer.

�� (b) Failure to make timely payments for costs reasonably incurred in the defense of environmental claims or for reasonable costs for which indemnity is owed.

�� (c) Denial of a claim for any improper purpose, such as to harass or to cause unnecessary delay or to needlessly increase the cost of litigation.

�� (d) Require that the insured provide answers to repetitive questions and requests for information concerning matters or issues unnecessary for resolution of the environmental claim of the insured, provided that an insurer may reserve its rights as to information that is not available at the time of the correspondence.

�� (e) Failure to pay interest as specified in ORS 82.010:

�� (A) On payments that an insured has made and that the insurer is legally obligated to pay as costs of defense or indemnity, provided that interest begins to accrue only on the 31st day after the claim for payment or reimbursement is presented or payment is made by the insured, whichever is later; or

�� (B) On overdue payments that an insurer agreed to make pursuant to an agreed settlement with an insured, provided that interest begins to accrue on the 31st day after the date of the settlement or on the date by which the insurer agreed to make the payment, whichever is later.

�� (f) Violation by insurers as described in ORS 465.479 (9)(a).

�� (2)(a) In addition to the unfair environmental claims settlement practices specified in subsection (1) of this section, it is an unfair environmental claims settlement practice for an insurer to fail to participate in good faith in a nonbinding environmental claim mediation described under this subsection that is requested by an insured concerning the existence, terms or conditions of a lost policy or regarding coverage for an environmental claim.

�� (b) The insured may request in writing that the insurer participate in a nonbinding environmental claim mediation.

�� (c) Upon request from an insured to participate in a nonbinding environmental claim mediation, an insurer shall provide an insured with information concerning nonbinding environmental claims mediation. The information must include, but need not be limited to, a description of how an insured can efficiently commence the mediation with the insurer.

�� (d) The purposes of the nonbinding environmental claim mediation include, but are not limited to, the following:

�� (A) To assist the parties in resolving disputes concerning whether or not a general liability insurance policy applicable to the environmental claim was issued to the insured by the insurer and concerning the relevant terms, conditions and exclusions;

�� (B) To determine whether the entire claim, or a portion thereof, can be settled by agreement of the parties;

�� (C) To determine, if the claim cannot be settled, whether one or more issues can be resolved to the satisfaction of the parties; and

�� (D) To discuss any other methods of streamlining or reducing the cost of litigation.

�� (e) Unless otherwise agreed, information provided and statements made by either party in a mediation shall be kept confidential by the parties and used only for purposes of the mediation in accordance with ORS 36.220.

�� (f) The insured and the insurer shall have representatives present, or available by telephone, with authority to settle the matter at all mediation sessions.

�� (3) The unfair environmental claims settlement practices specified in this section are in addition to any provisions relating to unfair claim settlement practices under ORS 746.230.

�� (4)(a) Any insured aggrieved by one or more unfair environmental claims settlement practices specified in this section may apply to the circuit court for the county in which the insured resides, or any other court of competent jurisdiction, to recover the actual damages sustained, together with the costs of the action, including reasonable attorney fees and litigation costs.

�� (b) Twenty days prior to filing an action based on this section, the insured must provide written notice of the basis for the cause of action to the insurer and office of the Director of the Department of Consumer and Business Services. Notice and proof of notice must be provided by regular mail, registered mail or certified mail with return receipt requested. The insurer and director are deemed to have received notice three business days after the notice is mailed.

�� (c) If the insurer fails to resolve the basis for the action within the 20-day period after the written notice by the insured, the insured may bring the action without any further notice.

�� (d) If a written notice of claim is served under paragraph (b) of this subsection within the time prescribed for the filing of an action under this subsection, the statute of limitations for the action is tolled during the period of time required to comply with paragraph (b) of this subsection.

�� (e) In any action brought pursuant to this subsection, the court may, after finding that an insurer has acted unreasonably, increase the total award of damages to an amount not to exceed three times the actual damages.

�� (f) An action under this subsection must be brought within two years from the date the alleged violation is, or should have been, discovered.

�� (5) The provisions of this section do not limit the ability of a court to provide for any other remedy that is available at law. [2013 c.350 �6; 2023 c.235 �1]

�� 465.485 Short title. ORS 465.475 to 465.484 shall be known and may be cited as the Oregon Environmental Cleanup Assistance Act. [Formerly 465.482]

�� 465.500 [1995 c.427 �3; 2001 c.495 �1; 2003 c.407 �21; repealed by 2023 c.262 �1]

�� 465.503 [1995 c.427 �4; 2001 c.495 �2; 2003 c.407 �1; repealed by 2023 c.262 �1]

�� 465.505 [1995 c.427 �5; 1999 c.59 �132; 2001 c.495 �3; 2021 c.539 �75; repealed by 2023 c.262 �1]

�� 465.507 [1995 c.427 �6; 1999 c.59 �133; 2001 c.495 �4; 2003 c.407 �3; repealed by 2023 c.262 �1]

�� 465.510 [1995 c.427 �7; 2001 c.495 �5; 2003 c.407 �4; repealed by 2023 c.262 �2]

�� 465.515 [1995 c.427 �8; 2001 c.495 �6; repealed by 2003 c.407 �29]

�� 465.517 [1995 c.427 �9; 1999 c.1047 �1; 2001 c.495 �7; 2003 c.407 �5; repealed by 2023 c.262 �1]

�� 465.520 [1995 c.427 �10; 1997 c.249 �161; 2001 c.495 �14; 2003 c.407 �6; repealed by 2023 c.262 �1]

�� 465.523 [1995 c.427 �11; 1999 c.59 �134; repealed by 2023 c.262 �1]

�� 465.525 [1995 c.427 �13; 2003 c.407 �7; repealed by 2023 c.262 �1]

�� 465.527 [1995 c.427 �14; 2001 c.495 �8; 2003 c.407 �8; repealed by 2023 c.262 �1]

�� 465.530 [1995 c.427 �15; repealed by 2003 c.407 �29]

�� 465.531 [2003 c.407 �20; repealed by 2023 c.262 �1]

�� 465.533 [1995 c.427 �16; 2001 c.495 �9; repealed by 2003 c.407 �29]

�� 465.535 [1995 c.427 �17; 2001 c.495 �10; repealed by 2003 c.407 �29]

�� 465.536 [2003 c.407 �10; repealed by 2023 c.262 �1]

�� 465.537 [1995 c.427 �18; 1999 c.1047 �2; 2001 c.495 �11; repealed by 2003 c.407 �29]

�� 465.540 [1995 c.427 �19; repealed by 2003 c.407 �29]

�� 465.543 [1995 c.427 �20; repealed by 2003 c.407 �29]

�� 465.545 [1995 c.427 �21; 2001 c.495 �12; 2003 c.407 �22; repealed by 2023 c.262 �1]

�� 465.546 [1999 c.1047 �4; repealed by 2003 c.407 �29]

�� 465.548 [1999 c.1047 �5; 2001 c.495 �13; repealed by 2003 c.407 �29]

CHEMICAL AGENTS

�� 465.550 Definitions for ORS 465.550 and 465.555. As used in ORS 465.550 and 465.555:

�� (1) �Chemical agents� means:

�� (a) Blister agents, such as mustard gas;

�� (b) Nerve agents, such as sarin and VX;

�� (c) Residues from demilitarization, treatment and testing of blister agents; and

�� (d) Residues from demilitarization, treatment and testing of nerve agents.

�� (2) �Major recovery action� means a recovery action that will take more than one year to complete and that will employ 200 or more individuals.

�� (3) �Major remedial action� means a remedial action that will take more than one year to complete and that will employ 200 or more individuals.

�� (4) �Owner� means a person or the State of Oregon, the United States of America or any agency, department or political subdivision thereof that owns, possesses or controls property upon which a remedial or recovery action involving stored chemical agents is conducted.

�� (5) �Recovery action� means any activity designed to mitigate the effects of an unintended release of chemical agents into the air, water or soil of this state.

�� (6) �Remedial action� means any activity intended to prevent the release of chemical agents into the air, water or soil of this state. �Remedial action� includes controlled destruction of chemical agents. [1997 c.554 �1]

�� Note: 465.550 and 465.555 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 465 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 465.555 County assessment of effects of major recovery or remedial action at storage or disposal site for chemical agents; annual fee. (1) If a site for the storage or disposal of chemical agents is located within a county and if a major recovery or major remedial action is anticipated to occur at the site, the governing body of the county may conduct an assessment of the social and economic effects on communities within the county that are likely to occur by reason of the major recovery or major remedial action.

�� (2) When assessing the effects on communities caused by the major recovery or major remedial action, the county governing body may consider, among other matters, the following:

�� (a) Effects upon roads and streets;

�� (b) Effects upon existing sewer and water systems;

�� (c) Effects upon schools;

�� (d) Effects upon medical facilities and services;

�� (e) Additional law enforcement requirements;

�� (f) Additional housing requirements; and

�� (g) Technical planning requirements.

�� (3) After completion of the assessment required under this section, the county governing body may impose upon the owner of the site an annual fee reasonably calculated to mitigate the social and economic effects on communities that are occurring or that are likely to occur by reason of the major recovery or major remedial action. The annual fee may be imposed during the first year in which the major recovery or major remedial action is conducted and in each succeeding year for the duration of the major recovery or major remedial action. When a fee is imposed under this section, the fee shall be reviewed in each year and may be adjusted when circumstances make an adjustment necessary or appropriate. The total aggregate fee imposed under this section shall not exceed five percent of the total aggregate cost of the major recovery or major remedial action.

�� (4) If the entity responsible for conducting the major recovery or major remedial action is different from the owner of the site at which the major recovery or major remedial action is conducted, the fee authorized by this section may be imposed upon either the owner or the entity or upon both jointly. [1997 c.554 �2]

�� Note: See note under 465.550.

LAND BANK AUTHORITIES

�� 465.600 Definitions for ORS 465.600 to 465.621. As used in ORS 465.600 to 465.621:

�� (1) �Authority� means any public land bank authority created pursuant to ORS 465.600 to

ORS 197.251

197.251, the city engineer, city surveyor or county surveyor shall immediately notify the Real Estate Commissioner in writing of receipt for approval of any subdivision plat pursuant to ORS 92.100 (1). The notification shall include a general description of the land with the number of lots and total acreage covered by the subdivision plat and the names of the persons submitting the subdivision plat for approval. [1965 c.584 �2; 1983 c.570 �6a; 1989 c.772 �22]

�� 92.170 Amending recorded plat; affidavit of correction; fees. (1) Any plat of a subdivision or partition filed and recorded under the provisions of ORS 92.010 to 92.192 may be amended by an affidavit of correction:

�� (a) To show any courses or distances omitted from the subdivision or partition plat;

�� (b) To correct an error in any courses or distances shown on the subdivision or partition plat;

�� (c) To correct an error in the description of the real property shown on the subdivision or partition plat; or

�� (d) To correct any other errors or omissions where the error or omission is ascertainable from the data shown on the final subdivision or partition plat as recorded.

�� (2) Nothing in this section shall be construed to permit changes in courses or distances for the purpose of redesigning lot or parcel configurations.

�� (3) The affidavit of correction shall be prepared by the registered professional land surveyor who filed the plat of the subdivision or partition. In the event of the death, disability or retirement from practice of the surveyor who filed the subdivision or partition plat, the county surveyor may prepare the affidavit of correction. The affidavit shall set forth in detail the corrections made and show the names of the present fee owners of the property materially affected by the correction. The seal and signature of the registered professional land surveyor making the correction shall be affixed to the affidavit of correction.

�� (4) The county surveyor shall certify that the affidavit of correction has been examined and that the changes shown on the certificate are permitted under this section.

�� (5) The surveyor who prepared the affidavit of correction shall cause the affidavit to be recorded in the office of the county recorder where the subdivision or partition plat is recorded. The county clerk shall return the recorded copy of the affidavit to the county surveyor. The county surveyor shall note the correction and the recorder�s filing information, with permanent ink, upon any true and exact copies filed in accordance with ORS 92.120 (3). The corrections and filing information shall be marked in such a manner so as not to obliterate any portion of the subdivision or partition plats.

�� (6) For recording the affidavit in the county deed records, the county clerk shall collect a fee as provided in ORS 205.320. The county clerk shall also collect a fee set by the county governing body to be paid to the county surveyor for services provided under this section. Corrections or changes shall not be allowed on the original plat once it is recorded with the county clerk. [1983 c.309 �2; 1989 c.772 �23; 1993 c.702 �8; 1999 c.710 �6; 2001 c.173 �2; 2023 c.9 �3]

�� 92.175 Methods by which certain land may be provided for public purposes. (1) Land for property dedicated for public purposes may be provided to the city or county having jurisdiction over the land by any of the following methods:

�� (a) By dedication on the land subdivision plat;

�� (b) By dedication on the partition plat, provided that the city or county indicates acceptance of the dedication on the face of the plat; or

�� (c) By a separate dedication or donation document on the form provided by the city or county having jurisdiction over the area of land to be dedicated.

�� (2) Notwithstanding subsection (1) of this section, utility easements in partition and condominium plats may be granted for public, private and other regulated utility purposes without an acceptance from the governing body having jurisdiction. [1989 c.772 �3; 1997 c.489 �7; 2007 c.652 �4]

�� 92.176 Validation of unit of land not lawfully established. (1) A county or city may approve an application to validate a unit of land that was created by a sale that did not comply with the applicable criteria for creation of a unit of land if the unit of land:

�� (a) Is not a lawfully established unit of land; and

�� (b) Could have complied with the applicable criteria for the creation of a lawfully established unit of land in effect when the unit of land was sold.

�� (2) Notwithstanding subsection (1)(b) of this section, a county or city may approve an application to validate a unit of land under this section if the county or city approved a permit, as defined in ORS 215.402 or 227.160, respectively, for the construction or placement of a dwelling or other building on the unit of land after the sale. If the permit was approved for a dwelling, the county or city must determine that the dwelling has:

�� (a) Intact exterior walls and roof structure;

�� (b) Indoor plumbing consisting of a kitchen sink, a toilet and bathing facilities connected to a sanitary waste disposal system;

�� (c) Interior wiring for interior lights; and

�� (d) A heating system.

�� (3) A county or city may approve an application for a permit, as defined in ORS 215.402 or

ORS 197.610

197.610 to 197.625.

�� (5) This section does not apply to:

�� (a) Any plan amendment for which an exception is required under ORS 197.732; or

�� (b) Except as provided under subsection (6) of this section, any lands designated under a statewide planning goal addressing agricultural lands or forestlands.

�� (6)(a) If a county is acting on the remand of a decision from the Land Use Board of Appeals, the county governing body may authorize the planning commission or hearings officer to conduct hearings and make a decision under subsection (1) of this section for lands designated under a statewide planning goal addressing agricultural lands or forestlands.

�� (b) The county governing body shall review a planning commission or hearings officer decision made under this subsection and shall:

�� (A) Schedule a public hearing and issue a final decision on the application;

�� (B) Leave the planning commission or hearings officer decision as the final county decision; or

�� (C) Adopt the planning commission or hearings officer decision by consent order as the decision of the governing body. [1987 c.729 �20; 2018 c.117 �1]

�� 215.433 Supplemental application for remaining permitted uses following denial of initial application. (1) A person whose application for a permit is denied by the governing body of a county or its designee under ORS 215.427 may submit to the county a supplemental application for any or all other uses allowed under the county�s comprehensive plan and land use regulations in the zone that was the subject of the denied application.

�� (2) The governing body of a county or its designee shall take final action on a supplemental application submitted under this section, including resolution of all appeals, within 240 days after the application is deemed complete. Except that 240 days shall substitute for 120 days or 150 days, as appropriate, all other applicable provisions of ORS 215.427 shall apply to a supplemental application submitted under this section.

�� (3) A supplemental application submitted under this section shall include a request for any rezoning or zoning variance that may be required to issue a permit under the county�s comprehensive plan and land use regulations.

�� (4) The governing body of the county or its designee shall adopt specific findings describing the reasons for approving or denying:

�� (a) A use for which approval is sought under this section; and

�� (b) A rezoning or variance requested in the application. [1999 c.648 �2; 1999 c.648 �2a]

�� 215.435 Deadline for final action by county on remand of land use decision; exception. (1) Pursuant to a final order of the Land Use Board of Appeals under ORS 197.830 remanding a decision to a county, the governing body of the county or its designee shall take final action on an application for a permit, limited land use decision or zone change within 120 days of the effective date of the final order issued by the board. For purposes of this subsection, the effective date of the final order is the last day for filing a petition for judicial review of a final order of the board under ORS 197.850 (3). If judicial review of a final order of the board is sought under ORS 197.830, the 120-day period established under this subsection shall not begin until final resolution of the judicial review.

�� (2)(a) In addition to the requirements of subsection (1) of this section, the 120-day period established under subsection (1) of this section shall not begin until the applicant requests in writing that the county proceed with the application on remand, but if the county does not receive the request within 180 days of the effective date of the final order or the final resolution of the judicial review, the county shall deem the application terminated.

�� (b) The 120-day period established under subsection (1) of this section may be extended for up to an additional 365 days if the parties enter into mediation as provided by ORS 197.860 prior to the expiration of the initial 120-day period. The county shall deem the application terminated if the matter is not resolved through mediation prior to the expiration of the 365-day extension.

�� (3) The 120-day period established under subsection (1) of this section applies only to decisions wholly within the authority and control of the governing body of the county.

�� (4) Subsection (1) of this section does not apply to a remand proceeding concerning a decision of the county making a change to an acknowledged comprehensive plan or a land use regulation that is submitted to the Director of the Department of Land Conservation and Development under ORS 197.610. [1999 c.545 �2; 2011 c.280 �11; 2015 c.522 �1]

�� 215.437 Writ of mandamus authorized after deadline following remand of land use decision. (1) If the governing body of a county or its designee fails to take final action on an application for a permit, limited land use decision or zone change within 120 days as provided in ORS 215.435, the applicant may file a petition for a writ of mandamus as provided in ORS 34.105 to 34.240. The court shall set the matter for trial as soon as practicable but not more than 15 days from the date a responsive pleading pursuant to ORS 34.170 is filed, unless the court has been advised by the parties that the matter has been settled.

�� (2) A writ of mandamus issued under this section shall order the governing body of the county or its designee to make a final determination on the application. The court, in its discretion, may order such remedy as the court determines appropriate.

�� (3) In a mandamus proceeding under this section the court shall award court costs and attorney fees to an applicant who prevails on a petition under this section. [1999 c.545 �3; 2015 c.522 �2]

PERMITTED USES IN ZONES

�� 215.438 Transmission towers; location; conditions. The governing body of a county or its designate may allow a transmission tower over 200 feet in height to be established in any zone subject to reasonable conditions imposed by the governing body or its designate. [1983 c.827 �23a]

�� 215.439 Solar energy systems in residential or commercial zones. (1) The installation and use on a residential structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which residential structures are an allowed use.

�� (2) The installation and use on a commercial structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which commercial structures are an allowed use.

�� (3) Approval of a permit application under ORS 215.402 to 215.438 is, notwithstanding the definition of �permit� in ORS 215.402, a ministerial function if:

�� (a) The installation of a solar energy system can be accomplished without increasing the footprint of the residential or commercial structure or the peak height of the portion of the roof on which the system is installed; and

�� (b) The solar energy system would be mounted so that the plane of the system is parallel to the slope of the roof.

�� (4) As part of the permit approval process, a county:

�� (a) May not charge a fee pursuant to ORS 215.416 for processing a permit;

�� (b) May not require extensive surveys or site evaluations including, but not limited to, vegetation surveys, contour maps and elevation drawings; and

�� (c) May charge building permit fees pursuant to ORS 455.020, 455.210 and 455.220.

�� (5) Subsections (3) and (4) of this section do not apply to a permit application for a residential or commercial structure that is:

�� (a) A federally or locally designated historic building or landmark or that is located in a federally or locally designated historic district.

�� (b) A conservation landmark designated by a city or county because of the historic, cultural, archaeological, architectural or similar merit of the landmark.

�� (c) Located in an area designated as a significant scenic resource unless the material used is:

�� (A) Designated as anti-reflective; or

�� (B) Eleven percent or less reflective.

�� (6) As used in this section, �solar photovoltaic energy system� has the meaning given that term in ORS 757.360. [2011 c.464 �1]

�� Note: 215.439 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 215.440 [1955 c.682 �3; repealed by 1971 c.13 �1]

�� 215.441 Use of real property for religious activities. (1) If a church, synagogue, temple, mosque, chapel, meeting house or other nonresidential place of worship is allowed on real property under state law and rules and local zoning ordinances and regulations, a county shall allow the reasonable use of the real property for activities customarily associated with the practices of the religious activity, including:

�� (a) Worship services.

�� (b) Religion classes.

�� (c) Weddings.

�� (d) Funerals.

�� (e) Meal programs.

�� (f) Child care or any preschool or prekindergarten education, but not private or parochial education for kindergarten through grade 12 or higher education.

�� (2) A county may:

�� (a) Subject real property described in subsection (1) of this section to reasonable regulations, including site review or design review, concerning the physical characteristics of the uses authorized under subsection (1) of this section; or

�� (b) Prohibit or restrict the use of real property by a place of worship described in subsection (1) of this section if the county finds that the level of service of public facilities, including transportation, water supply, sewer and storm drain systems is not adequate to serve the place of worship described in subsection (1) of this section.

�� (3) Notwithstanding any other provision of this section, a county may allow a private or parochial school for kindergarten through grade 12 or higher education to be sited under applicable state law and rules and local zoning ordinances and regulations. [2001 c.886 �2; 2017 c.745 �7; 2019 c.640 �19; 2021 c.385 �4; 2021 c.446 �4; 2025 c.267 �1]

�� 215.445 Use of private property for mobile medical clinic. (1) As used in this section:

�� (a) �Health professional� means a person licensed or certified by the:

�� (A) Oregon Medical Board;

�� (B) Oregon Board of Dentistry; or

�� (C) Oregon State Board of Nursing.

�� (b) �Health services� means the services that a health professional is licensed or certified to provide.

�� (c) �Local government� has the meaning given that term in ORS 174.116.

�� (d) �Mobile medical clinic� means a vehicle or a transportable structure that is:

�� (A) Designed to serve as a facility suitable for the provision of health services; and

�� (B) In use by a health professional to provide health services to the public.

�� (e) �Nonprofit� means a corporation organized under and subject to the provisions of ORS chapter 65.

�� (2) A local government may not prohibit a nonprofit mobile medical clinic from:

�� (a) Being located on private property with the permission of the owner of the private property; and

�� (b) Staying in one location for 180 days or less. [2015 c.142 �1]

�� Note: 215.445 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 215.446 Renewable energy facility; application; standards; notices. (1) As used in this section:

�� (a) �Average electric generating capacity� has the meaning given that term in ORS 469.300.

�� (b) �Energy generation area� has the meaning given that term in ORS 469.300.

�� (c) �Renewable energy facility� means:

�� (A) A solar photovoltaic power generation facility using:

�� (i) More than 100 acres but not more than 240 acres located on high-value farmland as defined in ORS 195.300;

�� (ii) More than 100 acres but not more than 2,560 acres located on land that is predominantly cultivated or that, if not cultivated, is predominantly composed of soils that are in capability classes I to IV, as specified by the National Cooperative Soil Survey operated by the Natural Resources Conservation Service of the United States Department of Agriculture; or

�� (iii) More than 320 acres but not more than 3,840 acres located on any other land.

�� (B) An electric power generating plant with an average electric generating capacity of at least 35 megawatts but less than 50 megawatts if the power is produced from geothermal energy at a single plant or within a single energy generation area.

�� (C) An electric power generating plant with an average electric generating capacity of at least 35 megawatts but less than 100 megawatts if the power is produced from wind energy at a single energy facility or within a single energy generation area.

�� (2) An application for a land use permit to establish a renewable energy facility must be made under ORS 215.416. An applicant must demonstrate to the satisfaction of the county that the renewable energy facility meets the standards under subsection (3) of this section.

�� (3) In order to issue a permit, the county shall require that the applicant:

�� (a)(A) Consult with the State Department of Fish and Wildlife, prior to submitting a final application to the county, regarding fish and wildlife habitat impacts and any mitigation plan that is necessary;

�� (B) Conduct a habitat assessment of the proposed development site;

�� (C) Develop a mitigation plan to address significant fish and wildlife habitat impacts consistent with the administrative rules adopted by the State Fish and Wildlife Commission for the purposes of implementing ORS 496.012; and

�� (D) Follow administrative rules adopted by the State Fish and Wildlife Commission and rules adopted by the Land Conservation and Development Commission to implement the Oregon Sage-Grouse Action Plan and Executive Order 15-18.

�� (b) Demonstrate that the construction and operation of the renewable energy facility, taking into account mitigation, will not result in significant adverse impacts to historic, cultural and archaeological resources that are:

�� (A) Listed on the National Register of Historic Places under the National Historic Preservation Act (P.L. 89-665, 54 U.S.C. 300101 et seq.);

�� (B) Inventoried in a local comprehensive plan; or

�� (C) Evaluated as a significant or important archaeological object or archaeological site, as those terms are defined in ORS 358.905.

�� (c) Demonstrate that the site for a renewable energy facility, taking into account mitigation, can be restored adequately to a useful, nonhazardous condition following permanent cessation of construction or operation of the facility and that the applicant has a reasonable likelihood of obtaining financial assurances in a form and amount satisfactory to the county to secure restoration of the site to a useful, nonhazardous condition.

�� (d) Meet the general and specific standards for a renewable energy facility adopted by the Energy Facility Siting Council under ORS 469.470 (2) and 469.501 that the county determines are applicable.

�� (e) Provide the financial assurances described in paragraph (c) of this subsection in the form and at the time specified by the county.

�� (f) For a renewable energy facility that is a solar photovoltaic power generation facility using the number of acres described in subsection (4) of this section, provide a decommissioning plan to accomplish the restoration of the site to a useful, nonhazardous condition as described in paragraph (c) of this subsection. A decommissioning plan provided under this paragraph must include bonding or other security as the financial assurances described in paragraph (c) of this subsection.

�� (g) For a renewable energy facility that is an electric power generating plant with an average electric generating capacity of at least 50 megawatts but less than 100 megawatts that produces the power from wind energy at a single energy facility or within a single energy generation area, provide a decommissioning plan to accomplish the restoration of the site to a useful, nonhazardous condition as described in paragraph (c) of this subsection. A decommissioning plan provided under this paragraph must include bonding or other security as the financial assurances described in paragraph (c) of this subsection.

�� (4) The requirements in subsection (3)(f) of this section apply to a solar photovoltaic power generation facility using:

�� (a) More than 160 acres but not more than 240 acres located on high-value farmland as defined in ORS 195.300;

�� (b) More than 1,280 acres but not more than 2,560 acres located on land that is predominantly cultivated or that, if not cultivated, is predominantly composed of soils that are in capability classes I to IV, as specified by the National Cooperative Soil Survey operated by the Natural Resources Conservation Service of the United States Department of Agriculture; or

�� (c) More than 1,920 acres but not more than 3,840 acres located on any other land.

�� (5) Upon receipt of a reasonable cost estimate from the state agency or tribe, the applicant and county may jointly enter into a cost reimbursement agreement administered by the county with:

�� (a) The State Department of Fish and Wildlife to receive comments under subsection (3)(a) of this section.

�� (b) The State Historic Preservation Officer or any affected federally recognized Indian tribe to receive comments under subsection (3)(b) of this section.

�� (c) The State Department of Energy to receive comments under subsection (3)(c) and (d) of this section as well as comments regarding other matters as the county may require.

�� (6) A county that receives an application for a permit under this section shall, upon receipt of the application, provide notice to persons listed in subsection (7) of this section. The notice must include, at a minimum:

�� (a) A description of the proposed renewable energy facility;

�� (b) A description of the lots or parcels subject to the permit application;

�� (c) The dates, times and locations where public comments or public testimony on the permit application can be submitted; and

�� (d) The contact information for the governing body of the county and the applicant.

�� (7) The notice required under subsection (6) of this section must be delivered to:

�� (a) The State Department of Fish and Wildlife;

�� (b) The State Department of Energy;

�� (c) The State Historic Preservation Officer;

�� (d) The Oregon Department of Aviation;

�� (e) The United States Department of Defense; and

�� (f) Federally recognized Indian tribes that may be affected by the application. [2019 c.650 �4; 2021 c.60 �1; 2023 c.336 �1; 2025 c.162 �3]

�� 215.447 Photovoltaic solar power generation facilities on high-value farmland. (1) As used in this section, �photovoltaic solar power generation facility� means an assembly of equipment and components that has the primary purpose of converting sunlight into electricity by photovoltaic effect and has the capability of storing or transferring the electricity.

�� (2) A photovoltaic solar power generation facility may be established on land that is high-value farmland, as defined in ORS 195.300 (10)(f)(C), provided the land:

�� (a) Is not located within the boundaries of an irrigation district;

�� (b) Is not at the time of the facility�s establishment, and was not at any time during the 20 years immediately preceding the facility�s establishment, the place of use of a water right permit, certificate, decree, transfer order or ground water registration authorizing the use of water for the purpose of irrigation;

�� (c) Is located within the service area of an electric utility described in ORS 469A.052 (2);

�� (d) Does not exceed the acreage the electric utility reasonably anticipates to be necessary to achieve the applicable renewable portfolio standard described in ORS

ORS 197.860

197.860�� Stay of proceedings to allow mediation

GENERAL PROVISIONS

�� 197.005 Legislative findings. The Legislative Assembly finds that:

�� (1) Uncoordinated use of lands within this state threatens the orderly development, the environment of this state and the health, safety, order, convenience, prosperity and welfare of the people of this state.

�� (2) To promote coordinated administration of land uses consistent with comprehensive plans adopted throughout the state, it is necessary to establish a process for the review of state agency, city, county and special district land conservation and development plans for compliance with goals.

�� (3) Except as otherwise provided in subsection (4) of this section, cities and counties should remain as the agencies to consider, promote and manage the local aspects of land conservation and development for the best interests of the people within their jurisdictions.

�� (4) The promotion of coordinated statewide land conservation and development requires the creation of a statewide planning agency to prescribe planning goals and objectives to be applied by state agencies, cities, counties and special districts throughout the state.

�� (5) City and county governments are responsible for the development of local comprehensive plans. The purpose of ORS 195.065, 195.070 and 195.075 is to enhance coordination among cities, counties and special districts to assure effectiveness and efficiency in the delivery of urban services required under those local comprehensive plans. [1973 c.80 �1; 1977 c.664 �1; 1981 c.748 �21; 1993 c.804 �2a; 1999 c.348 �1]

�� 197.010 Policy. The Legislative Assembly declares that:

�� (1) In order to ensure the highest possible level of livability in Oregon, it is necessary to provide for properly prepared and coordinated comprehensive plans for cities and counties, regional areas and the state as a whole. These comprehensive plans:

�� (a) Must be adopted by the appropriate governing body at the local and state levels;

�� (b) Are expressions of public policy in the form of policy statements, generalized maps and standards and guidelines;

�� (c) Shall be the basis for more specific rules and land use regulations which implement the policies expressed through the comprehensive plans;

�� (d) Shall be prepared to assure that all public actions are consistent and coordinated with the policies expressed through the comprehensive plans; and

�� (e) Shall be regularly reviewed and, if necessary, amended to keep them consistent with the changing needs and desires of the public they are designed to serve.

�� (2)(a) The overarching principles guiding the land use program in the State of Oregon are to:

�� (A) Provide a healthy environment;

�� (B) Sustain a prosperous economy;

�� (C) Ensure a desirable quality of life; and

�� (D) Equitably allocate the benefits and burdens of land use planning.

�� (b) Additionally, the land use program should, but is not required to, help communities achieve sustainable development patterns and manage the effects of climate change.

�� (c) The overarching principles in paragraph (a) of this subsection and the purposes in paragraph (b) of this subsection provide guidance to:

�� (A) The Legislative Assembly when enacting a law regulating land use.

�� (B) A public body, as defined in ORS 174.109, when the public body:

�� (i) Adopts or interprets goals, comprehensive plans and land use regulations implementing the plans, or administrative rules implementing a provision of ORS chapter 195, 196, 197, 197A, 215 or 227; or

�� (ii) Interprets a law governing land use.

�� (d) Use of the overarching principles in paragraph (a) of this subsection and the purposes in paragraph (b) of this subsection is not a legal requirement for the Legislative Assembly or other public body and is not judicially enforceable.

�� (3) The equitable balance between state and local government interests can best be achieved by resolution of conflicts using alternative dispute resolution techniques such as mediation, collaborative planning and arbitration. Such dispute resolution techniques are particularly suitable for conflicts arising over periodic review, comprehensive plan and land use regulations, amendments, enforcement issues and local interpretation of state land use policy. [1973 c.80 �2; 1981 c.748 �21a; 1993 c.792 �48; 2009 c.873 �1]

�� 197.012 Compact urban development. In areas of the state that are growing rapidly, state agencies, as defined in ORS 171.133, cities and counties should, within constraints of applicable federal law and regulations, state law and rules and local ordinances:

�� (1) Consider directing major public infrastructure investments, including major transportation investments, to reinforce compact urban development; and

�� (2) Consider giving priority to investments that promote infill or redevelopment of existing urban areas to encourage the density necessary to support alternative modes of transportation. [2009 c.873 �14]

�� Note: 197.012 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 197 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 197.013 Implementation and enforcement are of statewide concern. Implementation and enforcement of acknowledged comprehensive plans and land use regulations are matters of statewide concern. [1981 c.884 �7]

�� 197.015 Definitions for ORS chapters 195, 196, 197 and 197A. As used in ORS chapters 195, 196, 197 and 197A, unless the context requires otherwise:

�� (1) �Acknowledgment� means a commission order that certifies that a comprehensive plan and land use regulations, land use regulation or plan or regulation amendment complies with the goals or certifies that Metro land use planning goals and objectives, Metro regional framework plan, amendments to Metro planning goals and objectives or amendments to the Metro regional framework plan comply with the goals.

�� (2) �Board� means the Land Use Board of Appeals.

�� (3) �Carport� means a stationary structure consisting of a roof with its supports and not more than one wall, or storage cabinet substituting for a wall, and used for sheltering a motor vehicle.

�� (4) �Commission� means the Land Conservation and Development Commission.

�� (5) �Comprehensive plan� means a generalized, coordinated land use map and policy statement of the governing body of a local government that interrelates all functional and natural systems and activities relating to the use of lands, including but not limited to sewer and water systems, transportation systems, educational facilities, recreational facilities, and natural resources and air and water quality management programs. �Comprehensive� means all-inclusive, both in terms of the geographic area covered and functional and natural activities and systems occurring in the area covered by the plan. �General nature� means a summary of policies and proposals in broad categories and does not necessarily indicate specific locations of any area, activity or use. A plan is �coordinated� when the needs of all levels of governments, semipublic and private agencies and the citizens of Oregon have been considered and accommodated as much as possible. �Land� includes water, both surface and subsurface, and the air.

�� (6) �Department� means the Department of Land Conservation and Development.

�� (7) �Director� means the Director of the Department of Land Conservation and Development.

�� (8) �Goals� means the mandatory statewide land use planning standards adopted by the commission pursuant to ORS chapters 195, 196, 197 and 197A.

�� (9) �Guidelines� means suggested approaches designed to aid cities and counties in preparation, adoption and implementation of comprehensive plans in compliance with goals and to aid state agencies and special districts in the preparation, adoption and implementation of plans, programs and regulations in compliance with goals. Guidelines are advisory and do not limit state agencies, cities, counties and special districts to a single approach.

�� (10) �Land use decision�:

�� (a) Includes:

�� (A) A final decision or determination made by a local government or special district that concerns the adoption, amendment or application of:

�� (i) The goals;

�� (ii) A comprehensive plan provision;

�� (iii) A land use regulation; or

�� (iv) A new land use regulation;

�� (B) A final decision or determination of a state agency other than the commission with respect to which the agency is required to apply the goals;

�� (C) A decision of a county planning commission made under ORS 433.763; or

�� (D) An expedited land division under ORS 197A.140;

�� (b) Does not include a decision of a local government:

�� (A) That is made under land use standards that do not require interpretation or the exercise of policy or legal judgment;

�� (B) That approves or denies a building permit issued under clear and objective land use standards;

�� (C) That is a limited land use decision;

�� (D) That determines final engineering design, construction, operation, maintenance, repair or preservation of a transportation facility that is otherwise authorized by and consistent with the comprehensive plan and land use regulations;

�� (E) That approves, pursuant to ORS 480.450 (7), the siting, installation, maintenance or removal of a liquefied petroleum gas container or receptacle regulated exclusively by the State Fire Marshal under ORS 480.410 to 480.460;

�� (F) That approves or denies approval of a final subdivision or partition plat or that determines whether a final subdivision or partition plat substantially conforms to the tentative subdivision or partition plan; or

�� (G) That a proposed state agency action subject to ORS 197.180 (1) is compatible with the acknowledged comprehensive plan and land use regulations implementing the plan, if:

�� (i) The local government has already made a land use decision authorizing a use or activity that encompasses the proposed state agency action;

�� (ii) The use or activity that would be authorized, funded or undertaken by the proposed state agency action is allowed without review under the acknowledged comprehensive plan and land use regulations implementing the plan; or

�� (iii) The use or activity that would be authorized, funded or undertaken by the proposed state agency action requires a future land use review under the acknowledged comprehensive plan and land use regulations implementing the plan;

�� (c) Does not include a decision by a school district to close a school;

�� (d) Does not include, except as provided in ORS 215.213 (13)(c) or 215.283 (6)(c), authorization of an outdoor mass gathering as defined in ORS 433.735, or other gathering of fewer than 3,000 persons that is not anticipated to continue for more than 120 hours in any three-month period; and

�� (e) Does not include:

�� (A) A writ of mandamus issued by a circuit court in accordance with ORS 215.429 or 227.179;

�� (B) Any local decision or action taken on an application subject to ORS 215.427 or 227.178 after a petition for a writ of mandamus has been filed under ORS 215.429 or

ORS 198.180

198.180. [1995 c.473 �2; 1995 c.416 �35a]

�� Note: 537.248 and 537.249 were added to and made a part of 537.140 to 537.252 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 537.249 Election to have proposed reservation considered as application for permit or rulemaking proceeding. (1) In lieu of the procedure established pursuant to ORS 537.358, for any reservation pending on July 5, 1995, the state agency that requested the reservation may elect to have the proposed reservation considered:

�� (a) As an application for a permit under ORS 537.140 to 537.211 and 537.248; or

�� (b) As a rulemaking proceeding under the applicable provisions of ORS chapter 183 in which case the provisions of ORS 537.358 requiring a public interest review under ORS 537.170 shall not be applicable.

�� (2) A state agency making any election under subsection (1) of this section shall submit a written request to the Water Resources Commission within 90 days after July 5, 1995. The commission shall proceed in accordance with the election made under subsection (1) of this section or, if an election is not submitted, according to the procedure established pursuant to ORS 537.358.

�� (3) A reservation established under the provisions of this section shall have as a priority date the date established in rules of the commission in effect on July 5, 1995.

�� (4) When issuing a reservoir permit for a multipurpose storage project using water reserved or proposed to be reserved under a request originally filed by the Water Resources Department before June 5, 1992, the department shall grant a preference for the project under ORS 537.352.

�� (5) Notwithstanding ORS 537.356, the Water Resources Commission may accept requests to reserve unappropriated water before July 1, 1997, but shall not begin to process such requests before July 1, 1997. Any request to reserve unappropriated water submitted by the State Department of Agriculture before July 1, 1997, also shall consider municipal needs. The priority date of a request received in proper form by the Water Resources Commission after July 5, 1995, shall be the date of receipt. [1995 c.473 �3; 1995 c.416 �35b]

�� Note: See note under 537.248.

�� 537.250 Water right certificate; issuance; inclusion of land not described in permit; recordation; duration of rights. (1) After the Water Resources Department has received a request for issuance of a water right certificate accompanied by the survey required under ORS 537.230 that shows, to the satisfaction of the department, that an appropriation has been perfected in accordance with the provisions of the Water Rights Act, except as provided in subsection (4) of this section, the department shall issue to the applicant a certificate of the same character as that described in ORS 539.140. The certificate shall be recorded and transmitted to the applicant as provided in that section.

�� (2) When issuing a water right certificate under this section in the name of a district as defined in ORS 540.505, or in the name of a government agency for a district, the department may issue the water right certificate for land not described in the permit in accordance with ORS 537.252.

�� (3) Rights to the use of water acquired under the provisions of the Water Rights Act, as set forth in a certificate issued under this section, shall continue in the owner thereof so long as the water shall be applied to a beneficial use under and in accordance with the terms of the certificate, subject only to loss:

�� (a) By nonuse as specified and provided in ORS 540.610; or

�� (b) As provided in ORS 537.297.

�� (4) The department may not issue a water right certificate for municipal use under this section if:

�� (a) An extension of time is required; and

�� (b) The order approving the extension of time has not become final by operation of law or on appeal. [Amended by 1985 c.392 �11; 1985 c.673 �191; 1987 c.542 �6; 1989 c.509 �6; 1995 c.218 �3; 1995 c.365 �5; 1995 c.416 �21a; 2005 c.410 �3; 2017 c.704 �2]

�� 537.252 Certificate issued for land not described in permit; notice. (1) When issuing a water right certificate under ORS 537.250 to a district, or to a government agency for a district, the Water Resources Department may issue the water right certificate for land not described in the permit if:

�� (a) Water furnished by the district under the permit has been applied beneficially to the land;

�� (b) The land not described in the permit that is proposed to be included in the certificate is included within the legally established boundaries of the district and is subject to the charges, assessments and liens of the district;

�� (c) The certificate does not authorize a greater rate, duty or acreage than is authorized by the terms of the permit, and all other conditions of the permit are satisfied;

�� (d) The inclusion of land not described in the permit will not result in injury to other existing water rights or in enlargement of the right authorized under the permit; and

�� (e) The impact to the water source of including land not described in the permit will not differ significantly from the impact expected at the time the permit was issued for the lands described in the permit.

�� (2) If a district proposes to use water on lands not described in the permit, the Water Resources Department may issue a certificate that includes such additional lands if all of the conditions of subsection (1) of this section are satisfied and if, no later than 60 days before the district actually applies the water to the lands not described in the permit, the district provides written notice to the department. The notice shall include a copy of the original permit map modified to show the lands to be added and lands to be removed from the description of the place of use of the water. Upon receipt of the notice from the district, the department shall provide public notice of the proposed change by means of publication in the department�s weekly public notice.

�� (3) If a district has issued an order of inclusion or exclusion, the boundaries of the irrigation district shall be deemed to have been legally changed in the absence of approval of the Secretary of the Interior.

�� (4) As used in this section:

�� (a) �District� has the meaning given in ORS 540.505.

�� (b) �Legally established boundaries� means the boundaries of a district as established at the time of creation of the district and as the boundaries may have changed after creation of the district by an inclusion, exclusion or merger proceeding according to state law. [1995 c.218 �2; 1995 c.416 �21b; 2003 c.14 �343; 2011 c.52 �4; 2025 c.282 �4]

�� Note: The amendments to 537.252 by section 4, chapter 282, Oregon Laws 2025, become operative April 1, 2026, and apply to applications and petitions submitted on or after April 1, 2026. See section 30, chapter 282, Oregon Laws 2025, as amended by section 21b, chapter 575, Oregon Laws 2025, and see section 48, chapter 282, Oregon Laws 2025, as amended by section 21c, chapter 575, Oregon Laws 2025. The text that is operative until April 1, 2026, is set forth for the user�s convenience.

�� 537.252. (1) When issuing a water right certificate under ORS 537.250 to a district, or to a government agency for a district, the Water Resources Department may issue the water right certificate for land not described in the permit if:

�� (a) Water furnished by the district under the permit has been applied beneficially to the land;

�� (c) The certificate does not authorize a greater rate, duty or acreage than is authorized by the terms of the permit, and all other conditions of the permit are satisfied;

�� (d) The inclusion of land not described in the permit will not result in injury to other existing water rights or in enlargement of the right authorized under the permit; and

�� (4) As used in this section:

�� (a) �District� has the meaning given in ORS 540.505.

�� 537.260 Cancellation of permit for failure of proof of completion of appropriation; issuance of limited certificate; contest of issuance of certificate; exception for municipalities. (1) Except as provided under subsection (4) of this section for a permit issued to a municipality, whenever the time within which any appropriation under a permit should have been perfected has expired and the owner of the permit fails or refuses within three months thereafter to submit to the Water Resources Department proof of completion of the appropriation as required by ORS 537.230 and 537.250, the department may, after 60 days� notice by registered mail or by certified mail with return receipt, order the cancellation of the permit. The cancellation shall have the same force and effect as cancellation of a permit in the proceedings provided for in ORS 537.410 to 537.450.

�� (2) The department may determine the extent to which an appropriation has been perfected under any permit at the time of submission of final proof provided for in ORS 537.250, and shall limit the certificate provided for in that section to a description of such appropriation as has been actually perfected to the extent that the water applied for has been actually applied to the beneficial use contemplated in the permit.

�� (3) Any person owning an application, permit or water right certificate subsequent in priority may jointly or severally contest before the department the issuance of the water right certificate at any time before it has issued, and after the time has expired for the completion of the appropriation under the permit, or within three months after issuance of the certificate. The contest shall be brought upon application made, and hearing shall be had in the same manner and after notice as provided in ORS 537.420 for proceedings for cancellation of permits. The department, in a final order, may cancel the permit or determine the extent to which the appropriation claimed thereunder has been perfected, and issue a water right certificate accordingly, or if a certificate has been issued, in the case of a contest within three months after its issuance, the department may cancel the water right certificate, or affirm its issuance, and if the water right certificate in such case is canceled, the permit upon which it is based shall also be canceled.

�� (4) A municipality may partially perfect not less than 25 percent of the water authorized by its permit without loss of priority or cancellation of the municipality�s permit under this section. If a municipality defers perfection of its water right under this section, the department shall issue a certificate under ORS 537.250 only for the amount perfected. Upon perfection of the deferred amount, the municipality shall request a water right certificate for the remaining portion of the water applied for in the original permit application. As used in this section, �municipality� includes a city, a port formed under ORS 777.005 to 777.725 and 777.915 to 777.953, a domestic water supply district formed under ORS chapter 264 or a water authority formed under ORS chapter 450. [Amended by 1983 c.740 �211; 1985 c.673 �38; 1989 c.707 �2; 1991 c.249 �43; 1993 c.577 �35; 1995 c.416 �37]

�� 537.270 Conclusiveness of certificate. A water right certificate issued in accordance with the provisions of ORS

ORS 205.126

205.126.

�� (5) Imposition of a civil penalty under ORS 609.162 or 609.163 does not prevent the bringing of an action for damages under ORS 609.140 or 609.190. A determination by the county that a dog has killed, wounded, injured or chased livestock is prima facie evidence of the matter in a subsequent action under ORS 609.140 but not in an action under ORS 609.190. [1999 c.756 �7]

�� 609.168 Microchip identification of dog; rules. (1) A county shall implant an identifying microchip into a dog described in ORS 609.162 that is not put to death. Implantation shall be made prior to any adoption or relocation of the dog. The State Department of Agriculture, by rule, shall prescribe standards for microchip implantation. The county making an implantation shall forward the microchip information and the record of the dog to the department.

�� (2) The department shall maintain the record for a dog implanted with a microchip under this section for a reasonable period and shall make the record available to any county upon request.

�� (3) The county and the department may charge reasonable fees to the dog owner to cover the cost of conducting and administering the microchip implantation program. [1999 c.756 �9]

�� 609.169 Keeping dog with knowledge that it has harmed livestock. (1) Except as provided under subsections (2) and (3) of this section, a person may not own, harbor or keep any dog with knowledge that it has killed, wounded or injured livestock within this state or, with knowledge that, while off the premises owned or under the control of its owner and while not acting under the direction of its master or the agents or employees of such master, it has killed or seriously injured any person.

�� (2) A person is not prohibited from owning, harboring or keeping a dog pursuant to a county approved adoption or relocation of a dog under ORS 609.162 (1)(b) or (c).

�� (3) A person is not prohibited from owning, harboring or keeping a dog, with knowledge that it has killed or wounded chickens, unless the dog owner fails to pay full damages for the killed or wounded chickens within three days after receipt of a demand for those damages from the owner of the chickens. [Formerly 609.160]

�� 609.170 Claim by owner of livestock. In a county with a dog control program the owner of any livestock killed, wounded, chased or injured by any dog may, within 10 days after the killing, wounding, chasing or injuring occurred, or became known to the owner, present to the dog control board or county governing body a verified statement containing a full account of the incident, stating in detail the amount of damage claimed on account thereof, and the name and address of the owner or keeper of the dog, if known. The claim shall be supported by the affidavit of at least one disinterested person as to all material facts contained in it. [Amended by 1953 c.640 �2; 1975 c.749 �7; 1977 c.802 �10]

�� 609.180 Hearing and payment of claims. All claims presented as provided by ORS 609.170 shall be heard at the first regular session of the dog control board or county governing body after their presentation, or as soon thereafter as may be practicable. If the board or governing body determines that any livestock has been damaged by being killed, wounded, injured or chased, it shall file and enter a record of the value of the livestock and order a warrant drawn for the amount of damages thus found, or any portion thereof that it considers just, to be paid by the county treasurer out of the Dog License Fund. A livestock owner may refuse to accept the tendered payment and may withdraw a claim filed under ORS 609.170. If the dog control board or county governing body considers the claim unjust, it shall disallow the claim and enter that fact upon its record. A claim may not be allowed where it appears that the damage complained of was caused by a dog owned or controlled by the claimant or the agent of the claimant. [Amended by 1975 c.749 �8; 1977 c.802 �11; 1999 c.756 �23]

�� 609.190 Subrogation of county paying claim; collection by district attorney. In each case where a claim against the Dog License Fund of any county has been paid by the dog control board or county governing body, the county shall be subrogated to all the rights of the livestock owner against the dog owner for damages. The district attorney shall proceed promptly, in a lawful way, to collect for those damages. Any money so collected shall be paid over immediately to the treasurer of the county and credited to the Dog License Fund. [Amended by 1975 c.749 �9; 1977 c.802 �12; 1999 c.756 �24]

EXOTIC ANIMALS

(Local Government Regulation)

�� 609.205 Prohibitions against keeping of wild or exotic animals. Notwithstanding the provisions of ORS chapters 496, 497 and 498 relating to wildlife, and ORS 609.305 to 609.355 and 609.992 relating to exotic animals, a city or county may prohibit by ordinance the keeping of wildlife, as defined in ORS 496.004, and may prohibit by ordinance the keeping of exotic animals as defined in ORS 609.305. [1977 c.802 �3; 1985 c.437 �9]

(Generally)

�� 609.305 �Exotic animal� defined. As used in ORS 609.305 to 609.355 and 609.992, �exotic animal� means:

�� (1) Any member of the family Felidae not indigenous to Oregon, except the species Felis catus (domestic cat);

�� (2) Any nonhuman primate;

�� (3) Any nonwolf member of the family Canidae not indigenous to Oregon, except the species Canis familiaris (domestic dog);

�� (4) Any bear, except the black bear (Ursus americanus); and

�� (5) Any member of the order Crocodylia. [1985 c.437 �2; 1999 c.699 �3; 2009 c.492 �1]

�� 609.309 Policy on exotic animals. It is the policy of this state to protect the public against health and safety risks that exotic animals pose to the community, ensure the health, welfare and safety of exotic animals and ensure the security of facilities in which exotic animals are kept, so as to avoid undue physical or financial risk to the public. [1985 c.437 �1; 1999 c.699 �4; 2009 c.492 �2]

�� 609.310 [1963 c.217 �1; repealed by 1977 c.802 �15]

�� 609.312 Seller to provide buyer with informational material. A person who sells an exotic animal must, prior to accepting the offer to purchase, provide the prospective purchaser of the exotic animal with informational material approved by the State Department of Agriculture regarding the care, husbandry, health and nutritional needs of the exotic animal. This section does not allow the sale of an exotic animal to a person located in this state other than an entity described in ORS 609.345. [1999 c.699 �2; 2009 c.492 �3]

�� 609.315 [1985 c.437 �8; 1999 c.699 �5; 2009 c.492 �4; renumbered 609.345 in 2009]

�� 609.319 [1985 c.437 �3; 1999 c.699 �6; 2009 c.492 �5; renumbered 609.341 in 2009]

�� 609.320 [1963 c.217 �2; repealed by 1977 c.802 �15]

�� 609.325 Conditions for keeping exotic animal. Any person who keeps an exotic animal shall keep the animal under conditions of confinement or control that, given the nature of the animal, would be imposed by a reasonable and prudent keeper to avoid physical or financial risk to the public as a result of escape of the animal or otherwise. [1985 c.437 �4; 1999 c.699 �7]

�� 609.329 Liability for escape or injury. (1) A keeper of an exotic animal is strictly liable for:

�� (a) Costs incurred by any person or city, county or state agency in attempting to remedy the animal�s escape from custody;

�� (b) Personal injury, property damage or similar loss directly or indirectly caused by the animal�s escape from custody, the lack of custody over the animal or efforts to remedy the animal�s escape from custody; and

�� (c) Personal injury directly caused by the animal while in custody.

�� (2) Notwithstanding subsection (1) of this section, if an injury or escape by an exotic animal is in whole or in part the result of a willful unlawful act by a person other than the keeper, the keeper�s liability for damages resulting from the escape or injury is the amount of total damages multiplied by the percentage of fault attributable to the keeper�s negligence. [1985 c.437 �5; 1999 c.699 �8]

�� 609.330 [1963 c.217 �3; repealed by 1977 c.802 �15]

�� 609.335 Department rules regulating keeping of exotic animals; sanctions for rule violations. (1) The State Department of Agriculture shall adopt reasonable rules for issuing permits to keep exotic animals and establishing conditions for keeping the exotic animals. The conditions shall be directed toward ensuring the health, welfare and safety of the exotic animals and, where necessary, the security of facilities in which the exotic animals are kept so as to avoid undue physical or financial risk to the public. The rules shall be no more restrictive upon keepers of exotic animals than is reasonably necessary to carry out the purposes of ORS 609.309.

�� (2) The department may revoke a permit upon finding a violation of rules adopted under this section, or the department may issue a finding of violation and a warning to remedy the violation by a specified date. [1985 c.437 �7; 1999 c.699 �9; 2009 c.492 �6]

�� 609.340 [1963 c.217 �4; repealed by 1977 c.802 �15]

�� 609.341 Permit requirement for keeping of exotic animal; breeding of animal. (1) A person may not keep an exotic animal in this state unless the person possesses a valid State Department of Agriculture permit for that animal issued prior to January 1, 2010, or issued as provided in ORS 609.351.

�� (2) Except as provided in subsection (4) of this section, a person keeping an exotic animal in this state may not breed that animal.

�� (3) A person may not keep an exotic animal in this state for more than 30 days after the expiration, revocation or suspension of a permit.

�� (4)(a) A person may breed a small exotic feline if the person:

�� (A) Is exempt from the requirements for a permit under ORS 609.345; or

�� (B) Breeds a small exotic feline with a member of the species Felis catus (domestic cat), and:

�� (i) The person has a permit issued by the State Department of Agriculture under ORS 609.351; and

�� (ii) The person provides written documentation, including the person�s business license, that the person bred the animals for the purpose of retail sale of the offspring.

�� (b) As used in this subsection, �small exotic feline� means a member of the family Felidae, except the species Felis catus (domestic cat), that weighs 50 pounds or less when fully mature. [Formerly 609.319]

�� 609.345 Exceptions to permit requirement. (1) The requirements for a permit in ORS 609.335 and 609.341 do not apply to the following:

�� (a) A wildlife rehabilitation center operated under a valid permit issued by the State Fish and Wildlife Commission pursuant to ORS 497.308.

�� (b) A facility operated under a valid license or research facility registration issued by the United States Department of Agriculture pursuant to the federal Animal Welfare Act of 1970 (7 U.S.C. 2133 or 2136).

�� (c) An exotic animal protection organization, including humane societies and animal shelters, incorporated under ORS chapter 65, that houses an exotic animal at the written request of the state or a state agency for a period not to exceed 30 days.

�� (d) A law enforcement agency.

�� (e) A licensed veterinary hospital or clinic.

�� (f) An educational facility that houses a member of the order Crocodylia pursuant to a written request of the state, a local government or a state agency stating the need to house the member of the order Crocodylia at the educational facility.

�� (g) A person or organization that takes in an exotic animal in an emergency situation but that does not otherwise qualify for an exemption under this section. The person or organization may keep the exotic animal for not more than 48 hours during which time the person or organization must make a good faith effort to contact a law enforcement agency, the State Department of Agriculture or a wildlife rehabilitation center described in paragraph (a) of this subsection.

�� (h) A person with a disability as defined in 42 U.S.C. 12102(2)(A) who possesses a service monkey if:

�� (A) The person presents, at the request of the State Department of Agriculture, written proof from a physician licensed under ORS 677.100 to 677.228 that the person has a disability and that the service monkey performs specific tasks for the benefit of the person with the disability;

�� (B) The service monkey was obtained from, and trained at, a nonprofit organization whose mission is to improve the quality of life of persons with disabilities; and

�� (C) The person complies with any requirements of the Americans with Disabilities Act relating to service animals.

�� (2) As used in subsection (1)(h) of this section, �service monkey� means a nonhuman primate of the genus Cebus that is trained to perform specific tasks for a person with a disability. [Formerly 609.315; 2017 c.409 �17]

�� 609.350 [1963 c.217 �5; repealed by 1977 c.802 �15]

�� 609.351 Issuance and renewal of exotic animal permit; fee. (1) The State Department of Agriculture may issue a permit to a person to keep an exotic animal if the person applies for the permit within 90 days after January 1, 2010.

�� (2) The department may, within one year of January 1, 2010, issue a permit to a person to possess an exotic animal if the person submits satisfactory proof to the department that the person possessed the exotic animal prior to January 1, 2010, and that the person meets requirements of rules adopted by the department under ORS 609.335.

�� (3) The department may charge a fee to issue or renew a permit under this section. The fee may not exceed $100. Each permit or renewal of a permit is valid for two years. [2009 c.492 �8]

�� 609.355 Issuance of permit upon lapse of federal license or registration. The State Department of Agriculture may issue a permit to a person to keep an exotic animal if:

�� (1) The person operated a facility under a valid license or research facility registration issued by the United States Department of Agriculture pursuant to the federal Animal Welfare Act of 1970 (7 U.S.C. 2133 or 2136);

�� (2) The person does not renew the person�s license or registration described in subsection (1) of this section;

�� (3) The person applies for the permit within 90 days after the renewal date of the license or registration; and

�� (4) The person meets the requirements of rules adopted by the department under ORS 609.335. [2009 c.492 �9]

DESTRUCTION OF ANIMALS

�� 609.405 Requirement for destroying dogs and cats. (1) No city or county or any facility with which the city or county has contracted to perform animal control functions and no humane society shall cause a dog or cat to be destroyed except by lethal injection of sodium pentobarbital or other substance approved by the Oregon State Veterinary Medical Examining Board.

�� (2) If a particular dog or cat to be destroyed poses an imminent threat to human or animal life, making use of lethal injection of sodium pentobarbital inappropriate, a reasonable and appropriate alternative may be used. The alternative method may be subject to review by the Oregon State Veterinary Medical Examining Board. [1985 c.289 �2(1),(2)]

�� 609.410 Disposition of dogs and cats by research facility. (1)(a) A research facility that uses dogs or cats for laboratory research, before euthanizing a dog or cat that is no longer needed for research purposes, shall offer the dog or cat for adoption, provided that euthanizing the dog or cat is not required for health or safety reasons or is not necessary to complete laboratory research.

�� (b) The research facility shall use a veterinarian or similarly qualified staff to determine whether the dog or cat is healthy and safe for adoption.

�� (c) The research facility may consider and determine if other animals used by the research facility are adoptable.

�� (d) To carry out the duties described in paragraph (a) of this subsection, a research facility may:

�� (A) Establish and maintain a private adoption process.

�� (B) Offer the dog or cat to an animal shelter approved by the research facility that is willing to accept the dog or cat, if the research facility is unable to place the dog or cat through its private adoption process.

�� (C) Enter into a written agreement with an animal shelter to facilitate the adoption process.

�� (2) A research facility that provides a dog or cat to an animal shelter pursuant to subsection (1) of this section is immune from civil liability for or resulting from the transfer of the dog or cat, provided that the research facility acted in good faith concerning the health and physical condition of the dog or cat.

�� (3)(a) Not later than December 31 of each year, all research facilities described in subsection (1) of this section that are not public bodies as defined in ORS 192.311 shall submit to the Secretary of State an annual report that includes the following information for the preceding year:

�� (A) The total number of dogs and cats owned by the research facility;

�� (B) The total number of dogs and cats that are used for research that is conducted at the facility;

�� (C) The total number of dogs and cats released to animal shelters for adoption;

�� (D) The name and address of each animal shelter to which a dog or cat was released; and

�� (E) The name and address of each animal shelter with which the research facility has entered into an agreement under subsection (1) of this section.

�� (b) Reports received by the Secretary of State under this subsection are confidential and exempt from disclosure under ORS 192.311 to 192.478 except that the Secretary of State shall make the aggregate data available to the public upon request.

�� (4) As used in this section:

�� (a) �Animal shelter� means an organization or facility, in this or another state, that:

�� (A) Is maintained by or under contract with a state, county or city or is tax-exempt under section 501(c)(3) of the Internal Revenue Code; and

�� (B) Is operated for the primary purpose of:

�� (i) Providing shelter and other care for lost, homeless or injured animals; or

�� (ii) Placing animals into permanent homes or rescue organizations.

�� (b) �Laboratory research� means research, tests or experiments conducted for educational, scientific, medical or experimental purposes.

�� (c) �Research facility� means any institution of higher education or any facility, whether privately or publicly owned, leased or operated, where laboratory research is performed. [2019 c.374 �1]

�� 609.411 Preemption of ORS 609.410. Federal requirements supersede any inconsistent provisions of ORS 609.410 to the extent of the inconsistency. [2019 c.374 �2]

ANIMAL RESCUE ENTITIES

�� 609.415 Animal rescue entities; licensing; records; fees; rules; civil penalty. (1) As used in this section and ORS 609.420:

�� (a) �Animal� means any nonhuman mammal, bird, reptile, amphibian or fish.

�� (b) �Animal rescue entity� means an individual or organization, including but not limited to an animal control agency, humane society, animal shelter, animal sanctuary or boarding kennel not subject to ORS 167.374, but excluding a veterinary facility, that keeps, houses and maintains in the individual�s or organization�s legal custody 10 or more animals, whether physically located at a facility operated by the individual or organization or kept, housed or maintained elsewhere, and that solicits or accepts donations in any form.

�� (c) �Enforcing agency� means the State Veterinarian.

�� (2) Any animal rescue entity shall comply with all of the following record-keeping requirements:

�� (a) Maintain a record for each animal that identifies:

�� (A) The date of birth for the animal or, if the date of birth is unknown, the approximate age of the animal;

�� (B) The date the animal rescue entity acquired possession, control or charge of the animal and the source of the animal;

�� (C) The number of offspring the animal produced while in the possession or control of the animal rescue entity, if applicable;

�� (D) The disposition the animal rescue entity makes of each animal possessed by, controlled by or in the charge of the animal rescue entity, including the date of disposition, manner of disposition and the name and address for any individual or organization taking possession, control or charge of an animal;

�� (E) The source of the animal, date of acquisition, age, sex, breed type and weight of the animal at intake; and

�� (F) A photograph of the animal taken within 24 hours of intake by the animal rescue entity.

�� (b) Permit an authorized representative of the enforcing agency to inspect records of the animal rescue entity required by this subsection and furnish reports and information required by the enforcing agency, as provided under ORS 609.420.

�� (3) An animal rescue entity shall comply with the following licensing requirements:

�� (a) The entity shall obtain a license issued by the enforcing agency in accordance with this section and any rules or policies adopted by the enforcing agency; and

�� (b) The entity shall pay a reasonable fee, as determined by the enforcing agency, for a license or an annual renewal of the license to provide for the actual cost of enforcing this section and ORS 609.420.

�� (4) The enforcing agency may not issue or renew a license under this section unless the animal rescue entity is in compliance with this section and ORS 609.420.

�� (5) An animal rescue entity may transfer a license issued under this section to another person with the written consent of the enforcing agency, provided that the transferee otherwise qualifies to be licensed as an animal rescue entity under this section and rules applicable to the transferee and does not have a certified unpaid debt to the state. The transferee shall submit a signed release to the enforcing agency permitting the performance of a background investigation of the transferee, and the enforcing agency shall conduct the background investigation.

�� (6) An applicant for a license issued under this section shall demonstrate that the animal rescue entity that is the subject of the application complies with all standards imposed under applicable law.

�� (7) Any animal rescue entity is subject to inspection by the enforcing agency as provided in ORS 609.420.

�� (8)(a) A violation of this section may result in imposition of civil penalties to be determined by the enforcing agency, including but not limited to impoundment of all animals under the animal rescue�s control, the revocation of the animal rescue�s license to operate animal rescue operations and a civil penalty of not more than $500 for each violation.

�� (b) Before a civil penalty may be imposed under this section, the enforcing agency shall adopt rules or policies that:

�� (A) Ensure that a person who is the subject of an alleged violation receives notice of the allegations and potential imposition of civil penalties;

�� (B) Allow for an opportunity for a hearing prior to the imposition of civil penalties; and

�� (C) Allow for the opportunity for judicial review of the imposition of civil penalties.

�� (9) Moneys raised by the enforcing agency under this section are dedicated to and shall be used for enforcing agency operations undertaken pursuant to this section and ORS

ORS 205.130

205.130 or in the lien docket maintained through an electronic medium as provided in this section.

�� (5) A city that establishes an electronic lien record as authorized by this section shall record in the County Clerk Lien Record maintained under ORS 205.130 a statement that indicates the date and time at which the electronic lien record takes priority over the County Clerk Lien Record and that describes the methods by which the electronic lien records of the city are made accessible. [1987 c.586 �2a; 1995 c.709 �1; 1997 c.840 �1; 2003 c.576 �229; 2019 c.625 �65]

�� 93.645 Priority of purchaser; extinguishing judgment lien; right of judgment creditor; �judgment� defined. (1) The interest of the purchaser, the heirs and assigns of the purchaser, under a contract for the purchase and sale of realty, if such contract or memorandum thereof has been recorded in deed records, shall have priority over the lien of any subsequent judgment against the seller of the property, the heirs and assigns of the seller, and conveyance in fulfillment of said contract shall extinguish the lien of any such judgment.

�� (2) Subsection (1) of this section shall not be construed to limit the right of a judgment creditor to execute upon a vendor�s interest in a land sales contract.

�� (3) For the purposes of subsection (1) of this section, �judgment� includes any lien which by law becomes a lien upon real property in the same manner as a judgment, and includes a judgment or any such lien in favor of the State of Oregon and its agencies. [1975 c.270 ��1,2,3]

�� 93.650 Effect of record or certified transcript in evidence. The record of a conveyance duly recorded, or a transcript thereof certified by the county clerk in whose office it is recorded may be read in evidence in any court in the state, with the like effect as the original conveyance. However, the effect of such evidence may be rebutted by other competent testimony.

�� 93.660 Effect of abstract of title as evidence. Any abstract of title to real property in this state certified by any person regularly engaged in this state in the business of preparing and certifying such abstracts shall be received in all courts as prima facie evidence of the existence, condition and nature of the record of all deeds, mortgages and other instruments, conveyances or liens shown or mentioned in the abstract as affecting the property, and that the record is as described in such abstract.

�� 93.670 Power of attorney and executory contract for sale or purchase of lands; recordability; effect as evidence; revocation. (1) Every letter of attorney, or other instrument containing a power to convey lands, as agent or attorney for the owner of such lands, and every executory contract for the sale or purchase of lands, when acknowledged or proved in the manner prescribed for the acknowledgment or proof of conveyances, may be recorded in the county clerk�s office of any county in which the lands to which such power or contract relates is situated. When so acknowledged or proved, such letter, instrument or contract, and the record thereof when recorded, or the certified transcript of such record, may be read in evidence in any court in this state without further proof of the same.

�� (2) No letter of attorney, or other instrument so recorded, is deemed to be revoked by any act of the party by whom it was executed unless the instrument containing such revocation is also recorded in the same office in which the instrument containing the power was recorded.

�� 93.680 Patents, judgments and official grants; recordability; evidence. (1) The following are entitled to be recorded in the record of deeds of the county in which the lands lie, in like manner and with like effect as conveyances of land duly acknowledged, proved or certified:

�� (a) The patents from the United States or of this state for lands within this state.

�� (b) Judgments of courts in this state requiring the execution of a conveyance of real estate within this state.

�� (c) Approved lists of lands granted to this state, or to corporations in this state.

�� (d) Conveyances executed by any officer of this state by authority of law, of lands within this state.

�� (2) The record of any such patent, judgment, approved lists or deeds recorded, or a transcript thereof certified by the county clerk in whose office it is recorded, may be read in evidence in any court in this state, with like effect as the original. [Amended by 1979 c.284 �93]

�� 93.690 Recording of instruments evidencing passage of title to land from United States to State of Oregon. (1) The Director of the Department of State Lands shall forward all patents and clear lists of land and other documents evidencing that title to land has passed from the United States to the State of Oregon, which have been or shall be received by the State of Oregon, to the officer in each county of the state in which any of such land is situated whose duty it is to record conveyances of real estate. Upon the receipt of such patents, clear lists or other documents, the recording officer of the county shall forthwith record the instruments in the records of deeds of the county and index them in the manner provided for indexing deeds. When the recording officer has properly recorded such instruments the recording officer shall return them to the Director of the Department of State Lands.

�� (2) When any such instrument includes land in more than one county, the record of the instrument in each county need include only the description of the land lying wholly or partly in that county and all other land may be indicated as omitted. [Amended by 1999 c.803 �1]

�� 93.710 Instruments or memoranda creating certain interests in realty; contents; reforestation order; effect of recording. (1) Any instrument creating a license, easement, profit a prendre, or a leasehold interest or oil, gas or other mineral interest or estate in real property or an interest in real property created by a land sale contract, or memorandum of such instrument or contract, which is executed by the person from whom the interest is intended to pass, and acknowledged or proved in the manner provided for the acknowledgment or proof of other conveyances, may be indexed and recorded in the records of deeds of real property in the county where such real property is located. Any instrument creating a mortgage or trust deed, or a memorandum thereof, or assignment for security purposes relating to any of the interests or estates in real property referred to in this subsection, which is executed by the person from whom the mortgage, trust deed, or assignment for security purposes is intended to be given, and acknowledged or proved in the manner provided for the acknowledgment or proof of other conveyances, may be indexed and recorded in the records of mortgages of real property in the county where such real property is located. Such recordation, whether the instrument be recorded prior to or subsequent to May 29, 1963, constitutes notice to third persons of the rights of the parties under the instrument irrespective of whether the party granted such interest or estate is in possession of the real property. Any such instrument when so acknowledged or proved, or certified in the manner prescribed by law by any of the authorized officers, may be read in evidence without further proof thereof.

�� (2) Any notice under ORS 527.710 or order under ORS 527.680 by the State Forester requiring the reforestation of specific lands may be indexed and recorded in the records of deeds of real property in the county where such real property is located. Such recordation constitutes notice to third persons of the rights and obligations of the parties to the notice or order. Any such notice or order when properly prepared in the manner prescribed by law by any of the authorized officers may be read in evidence without further proof thereof.

�� (3)(a) As used in this section, �memorandum� means an instrument that:

�� (A) Contains the date of the instrument being memorialized;

�� (B) Contains the names and addresses of the parties;

�� (C) Contains a legal description of the real property involved and the nature of the interest created which is signed by the person from whom the interest is intended to pass; and

�� (D) Is acknowledged or proved in the manner provided for the acknowledgment or proof of deeds.

�� (b) In addition to the requirements of paragraph (a) of this subsection, a memorandum of a mortgage or trust deed shall contain:

�� (A) The legend �Memorandum of Mortgage� or �Memorandum of Trust Deed� either in capital letters or underscored above the body of the memorandum;

�� (B) A description of any collateral encumbered by the mortgage or trust deed, other than the real property, that can be perfected by filing in the real property records of the county in which the collateral is situated;

�� (C) A description in general terms of the obligation or obligations secured and a statement of the term or maturity date, if any, of the obligation or obligations;

�� (D) A statement by the mortgagee or beneficiary that a complete copy of the mortgage or trust deed is available upon written request to the mortgagee or beneficiary; and

�� (E) If the mortgage or trust deed constitutes a line of credit instrument as defined in ORS 86.155, the information required to appear on the front page of the instrument under ORS 86.155 (1)(b).

�� (c) In addition to the requirements of paragraph (a) of this subsection, a memorandum of an instrument conveying or contracting to convey fee title to any real estate shall state on its face the true and actual consideration paid for such transfer as provided in ORS 93.030. [Amended by 1963 c.416 �1; 1973 c.696 �20; 1977 c.605 �3; 1983 c.759 �2; 1987 c.225 �2; 1997 c.152 �2]

�� 93.720 [Amended by 1985 c.540 �28; repealed by 1987 c.586 �49]

�� 93.730 Recordation of judgment in other counties. A certified copy of any judgment or order of confirmation affecting lands in this state made in any action may be recorded in the records of deeds in any county in which the land affected is wholly or partly situated by any party interested in the land or in the action. After the transcript is so recorded, the judgment is notice to all persons of the action and of the judgment or order, as completely as if the entire proceedings were had originally in the county in which the transcript is recorded. The record of the transcript is prima facie evidence of title as therein determined. [Amended by 2003 c.576 �354]

�� 93.740 Notice of lis pendens; contents; recordation; effect; discharge. (1) In all suits in which the title to or any interest in or lien upon real property is involved, affected or brought in question, any party thereto at the commencement of the suit, or at any time during the pendency thereof, may have recorded by the county clerk or other recorder of deeds of every county in which any part of the premises lies a notice of the pendency of the action containing the names of the parties, the object of the suit, and the description of the real property in the county involved, affected, or brought in question, signed by the party or the attorney of the party. From the time of recording the notice, and from that time only, the pendency of the suit is notice, to purchasers and incumbrancers, of the rights and equities in the premises of the party filing the notice. The notice shall be recorded in the same book and in the same manner in which mortgages are recorded, and may be discharged in like manner as mortgages are discharged, either by such party or the attorney signing the notice.

�� (2) Except as provided in subsection (3) of this section, a conveyance or encumbrance that is not recorded in the manner provided by law before the filing of a notice of pendency that affects all or part of the same real property is void as to the person recording the notice of pendency for all rights and equities in the real property that are adjudicated in the suit. The provisions of this subsection apply only to a conveyance or encumbrance that under the provisions of ORS

ORS 205.246

205.246 be filed in the office of the county clerk or that an instrument be filed in deed or mortgage records shall be considered to be a requirement that such instruments be recorded instead of being filed. [Formerly 21.530; 1991 c.230 �16]

�� 205.260 [1985 c.613 �30; repealed by 1987 c.311 �10]

�� 205.310 [Repealed by 1957 c.359 �3]

COLLECTION AND DISPOSITION OF FEES

�� 205.320 Fees collected by county clerk; use of portion of certain fees. (1) In every county there shall be charged and collected in advance by the county clerk, for the benefit of the county, the following fees, and no more, for the following purposes and services:

�� (a) For filing and making entry when required by law of any instrument required or permitted by law to be filed, when it is not recorded, $5 for each page.

�� (b) For filing and making entry of the assignment or satisfaction of any filed, but not recorded, instrument, $5 for each page.

�� (c) For each official certificate, $3.75.

�� (d)(A) For recording any instrument required or permitted by law to be recorded, $5 for each page, but the minimum fee shall not be less than $5. As used in this subparagraph, �page� means one side of a sheet 14 inches, or less, long and 8-1/2 inches, or less, wide.

�� (B) For supplying to private parties copies of records or files, including by electronic delivery of images, not more than $3.75 for locating a record requested by the party and 25 cents for each page. As used in this subparagraph, �page� means one side of a sheet 14 inches, or less, long and 8-1/2 inches, or less, wide.

�� (C) For each official certificate, $3.75.

�� (e) For taking an affidavit for and making and issuing a marriage license and registering the return of the license, or for taking an affidavit for and registering a Declaration of Domestic Partnership, $25.

�� (f) For solemnizing a marriage under ORS 106.120, $117. This paragraph does not require that the county clerk or deputy of the county clerk charge a fee for solemnizing a marriage after normal working hours or on Saturdays or legal holidays. This paragraph does not prohibit a county clerk or a deputy of the county clerk from charging and accepting a personal payment for solemnizing a marriage if otherwise authorized by ORS 106.120.

�� (g) For taking and certifying acknowledgment or proof of execution of any instrument, the fee established in the schedule adopted by the Secretary of State under ORS

ORS 205.990

205.990�� Penalties

GENERAL PROVISIONS

�� 205.010 Definitions. (1) As used in the statutes of this state in reference to a chattel mortgage and action by the appropriate recording officer, �record,� �recorded� and �recording� mean �record or file,� �recorded or filed� or �recording or filing,� as the context requires.

�� (2) As used in this chapter:

�� (a) �Person� means an individual, organization, corporation, government, governmental subdivision or agency, business trust, partnership or association, two or more persons having a joint or common interest or any other legal or commercial entity.

�� (b) �Text� includes the words contained in the body of an instrument to be recorded and the names of the transactions contained in the instrument. The term does not include instructions for completing the instrument, form numbers or statutory references.

�� (c) �Transaction� means an action, including but not limited to a transfer, encumbrance or release affecting title to or an interest in real property, that is required or permitted by state law or rule or federal law or regulation to be recorded. [Amended by 1991 c.230 �10; 1993 c.321 �1; 2001 c.713 �1; 2005 c.82 �1; 2009 c.294 �17]

POWERS AND DUTIES

�� 205.110 General powers and duties of county clerk. (1) The county clerk in each county shall keep and maintain the records of the county governing body.

�� (2) The county clerk of any county in which the county court has judicial functions shall, for the county court:

�� (a) Keep the seal of the court, and affix it in all cases required by law.

�� (b) Record the proceedings of the court.

�� (c) Keep the records, files, books and papers pertaining to the court.

�� (d) File all papers delivered to the clerk for that purpose in any action or proceeding in the court.

�� (e) Attend the terms of the court, administer oaths and receive the verdict of a jury in any action or proceeding therein, in the presence and under the direction of the court.

�� (f) Under the direction of the court enter its orders and judgments.

�� (g) Authenticate, by certificate or transcript, as may be required, the records, files or proceedings of the court, or any paper pertaining thereto, and filed with the clerk.

�� (h) Exercise the powers and perform the duties conferred upon the clerk by statute.

�� (i) In the performance of duties pertaining to the court, conform to the direction of the court.

�� (3) The county clerk may take and certify the proof and acknowledgment of a conveyance of real property or any other written instrument authorized or required to be proved or acknowledged. [1977 c.594 �2; 1981 s.s. c.3 �39; 1983 c.327 �5; 1985 c.540 �40; 1991 c.230 �11]

�� 205.120 [Repealed by 1959 c.552 �16]

�� 205.125 County Clerk Lien Record; contents; effect. (1) The County Clerk Lien Record maintained under ORS 205.130 shall contain the following information for each order or warrant recorded:

�� (a) The name of any person subject to the order or warrant.

�� (b) The name of the officer and the agency that issued the order or warrant or the name of the complainant or claimant in whose favor an order of the Construction Contractors Board or State Landscape Contractors Board has been given. The name of the agency or board that issued the order or warrant must be clearly printed on the order or warrant.

�� (c) The amount of any monetary obligation imposed by the order or warrant, and the names of all persons against whom the obligation is imposed.

�� (d) The date on which the order or warrant was received and recorded.

�� (e) Full or partial satisfaction, if any, of any lien claim created by the order or warrant.

�� (f) County Clerk Lien Record instruments filed under ORS 205.130 (3)(c)(A) shall be on official letterhead and include the seals, if any, of the officers and agencies.

�� (g) Such other information as may be considered necessary by the county clerk.

�� (2) From the date that an order or warrant is recorded in the County Clerk Lien Record, the order or warrant shall have the attributes and effect of a judgment that has been entered in the register of the circuit court for that county, including but not limited to the creation of a judgment lien for any monetary obligation in favor of the officer or agency issuing the order or warrant or in favor of the complainant or claimant in the proceedings before the Construction Contractors Board or State Landscape Contractors Board, renewal and enforcement by supplementary proceedings, writs of execution, notices of garnishment and writs of garnishment.

�� (3) From the date that an order or warrant imposing a monetary obligation is recorded in the County Clerk Lien Record, the order or warrant becomes a lien upon the title to and interest in property of the person against whom it is issued in the same manner as a judgment that creates a judgment lien under ORS chapter 18.

�� (4) In addition to any other remedy provided by law, orders and warrants recorded in the County Clerk Lien Record may be enforced as provided in ORS 205.126. [1983 c.696 �1; 1985 c.343 �10; 1987 c.586 �30; 1989 c.706 �2; 1997 c.387 �1; 1999 c.153 �5; 1999 c.654 �13; 2003 c.576 �194; 2007 c.793 �4]

�� 205.126 Enforcement of order or warrant recorded in County Clerk Lien Record; renewal of order or warrant; notice of renewal. (1) At any time after recording an order or warrant in the County Clerk Lien Record, a complainant or claimant or an attorney for an agency, complainant or claimant may file in the circuit court for the county where the order or warrant is recorded, a copy of the original order or warrant certified by the agency to be a true copy of original, and an affidavit of the complainant, claimant or attorney verifying that the order or warrant was recorded in the County Clerk Lien Record for that county, the date that the order or warrant was recorded and the date on which any notice of renewal was recorded under subsection (2) of this section. Subject to any other requirements that may apply to the enforcement remedy sought by the agency, complainant or claimant, proceedings may thereafter be commenced by the agency, complainant or claimant for the enforcement of the order or warrant, in the same manner as provided for the enforcement of judgments issued by a court. Enforcement proceedings may include:

�� (a) Writ of execution proceedings under ORS 18.252 to 18.993.

�� (b) Proceedings in support of execution under ORS 18.265, 18.268 and 18.270.

�� (c) Garnishment proceedings under ORS 18.600 to 18.850.

�� (2) At any time within 10 years after the recording of an order or warrant, an agency, complainant or claimant, acting with or without the assistance of an attorney, may renew an order or warrant by recording a notice of renewal in the County Clerk Lien Record. A notice of renewal recorded within the time specified by this subsection has the attributes and effect of an extension of judgment remedies noted in the register under ORS 18.182, from the date that the notice is recorded. A notice of renewal recorded under this section must state:

�� (a) The name of the agency that issued the order or warrant or the name of the complainant or claimant in whose favor an order of the Construction Contractors Board or State Landscape Contractors Board has been given;

�� (b) The names of all persons against whom a monetary obligation is imposed under the order or warrant; and

�� (c) The date of recording and the recording number, the book and page number for the recording, or the volume and page number for the recording.

�� (3) For the purposes of this section:

�� (a) �Agency� means any state officer, board, commission, corporation, institution, department or other state body that has authority to record an order or warrant in the County Clerk Lien Record.

�� (b) �Complainant or claimant� means a person in favor of which a board order has been recorded under the provisions of ORS 671.707 or 701.153. [1997 c.387 �2; 1999 c.153 �6; 2001 c.249 �75; 2003 c.576 �195; 2007 c.793 �5; 2007 c.836 �41]

�� 205.127 Recording in County Clerk Lien Record for certain liens. The County Clerk Lien Record in each county where the real property is located is the place of recording a lien filed pursuant to CERCLA, 100 U.S. Stat 1630. [1987 c.586 �48]

�� 205.130 Recording duties of county clerk. The county clerk shall:

�� (1) Have the custody of, and safely keep and preserve, all files and records of deeds and mortgages of real property and a record of all maps, plats, contracts, powers of attorney and other interests affecting the title to real property required or permitted by law to be recorded.

�� (2) Record, or cause to be recorded, in a legible and permanent manner, and keep in the office of the county clerk, all:

�� (a) Deeds and mortgages of real property, powers of attorney and contracts affecting the title to real property, authorized by law to be recorded, assignments thereof and of any interest therein when properly acknowledged or proved and other interests affecting the title to real property required or permitted by law to be recorded;

�� (b) Certificates of sale of real property under execution or order of court, or assignments of previously recorded certificates or of any interest in real property, when properly acknowledged or proved;

�� (c) Certified copies of death records of any person appearing in the county records as owning or having a claim or interest in land in the county. A certified copy of a death record recorded in the deed records of a county under this subsection is a public record and is not subject to the disclosure limitations under ORS

ORS 215.433

215.433 and 227.184. [1999 c.648 �5]

�� Note: 197.022 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 197 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� Note: Sections 1, 2 and 5, chapter 217, Oregon Laws 2021, provide:

�� Sec. 1. Section 2 of this 2021 Act is added to and made a part of ORS chapter 197 [series became ORS chapters 197 and 197A]. [2021 c.217 �1]

�� Sec. 2. Restoration of uses destroyed by 2020 wildfires. (1) This section applies only to owners of properties on which structures or uses were destroyed or interrupted by a wildfire that was identified in an executive order issued by the Governor in accordance with the Emergency Conflagration Act under ORS 476.510 to 476.610 between August 1 and September 30, 2020. The local government may alter, restore or replace such a use as provided in this section in lieu of another process.

�� (2) Except as provided in subsection (4) of this section, a property owner may alter, restore or replace a nonresidential use without further application with the local government if:

�� (a) The use was allowed outright as an accessory use, without regard to whether the primary use was destroyed or was or will be restored;

�� (b)(A) The use was subject to a land use process; and

�� (B) A permit, including a conditional permit, was issued for the use notwithstanding any expiration of the permit or any subsequent changes to the law or process; or

�� (c)(A) The use was established before a requirement that the use be subject to a land use process; and

�� (B) The replacement use conforms as nearly as practicable to records of the use with the county assessor, building permit information or other reliable records.

�� (3) The local government shall approve an application to alter, restore or replace a dwelling if the local government determines that the evidence in the record establishes that:

�� (a) The former dwelling:

�� (A) Had intact exterior walls and roof structure;

�� (B) Had indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system;

�� (C) Had interior wiring for interior lights;

�� (D) Had a heating system; and

�� (E)(i) Was authorized by building permits or other regulatory approval process by the appropriate authority; or

�� (ii) Was assessed as a residential dwelling for purposes of ad valorem taxation for the tax year beginning July 1, 2001, and is not subject to unresolved enforcement proceedings questioning the lawfulness of the dwelling; and

�� (b) The proposed dwelling will:

�� (A) Not exceed the floor area of the destroyed dwelling by more than 10 percent;

�� (B) Be adequately served by water, sanitation and roads;

�� (C) Be located wholly or partially within the footprint of the destroyed dwelling unless the applicant chooses a different location within the same lot or parcel to comply with local flood regulations or to avoid a natural hazard area; and

�� (D) Comply with applicable building codes that were in effect on the later of:

�� (i) January 1, 2008; or

�� (ii) The date of the former dwelling�s construction.

�� (4) A local government may not add conditions to the approval or siting of a dwelling under subsection (3) of this section except as necessary to maintain participation in the National Flood Insurance Program under 42 U.S.C. 4001 et seq. A local government may require that the property owner submit an application for a permit for the approval or siting of a nonresidential use only for the purpose of establishing such conditions that are necessary to maintain participation in the National Flood Insurance Program.

�� (5) A local government may delegate the approval of an application under subsection (3) of this section to:

�� (a) A hearings officer, as defined in ORS 215.402 or 227.160;

�� (b) A planning commission, as described in ORS 215.020; or

�� (c) A building official, as defined in ORS 455.715.

�� (6) The findings of the local government or its designee in approving an application under subsection (3) of this section is not a land use decision. The local government may not require an applicant give notice to any nonparty. The findings and conclusions of the local government are entitled to deference if there is any evidence to support the findings and are subject to review only under ORS

ORS 221.349

221.349]

�� 221.355 Agreement between cities for judicial services. Any city may enter into an agreement pursuant to ORS 190.010 with another city for the provision of judicial services. A municipal judge providing services to another city pursuant to such an agreement shall have all judicial jurisdiction, authority, powers, functions and duties of the municipal court of the other city and the judges thereof with respect to all and any violations of the charter or ordinances of the other city. Unless the agreement provides otherwise, and subject to the provisions of ORS 153.640 to 153.680, all fines, costs and forfeited security deposits collected shall be paid to the prosecuting city, and that city shall reimburse the city providing judicial services for expenses incurred under the agreement. The exercise of jurisdiction under such an agreement by a municipal judge shall not constitute the holding of more than one office. [Formerly 221.335; 2011 c.597 �129]

�� 221.357 Provision of judicial services to city by circuit court. (1) A city having a population of 300,000 or less may enter into an agreement with the State Court Administrator for the provision of judicial services by the circuit court for the county in which the city is located.

�� (2) A circuit court providing services to a city under an agreement entered into under subsection (1) of this section shall have all judicial jurisdiction, authority, powers, functions and duties of the municipal court of the city and the municipal court judges with respect to any violations of the charter or ordinances of the city.

�� (3) Unless an agreement entered into under subsection (1) of this section provides otherwise, and subject to the provisions of ORS 153.640 to 153.680, all fines, costs and forfeited security deposits collected shall be paid to the city, and the city shall reimburse the circuit court providing judicial services for expenses incurred under the agreement.

�� (4) The exercise of jurisdiction under an agreement entered into under subsection (1) of this section by a circuit court judge shall not constitute the holding of more than one office. [Formerly 221.337; 2011 c.597 �130]

�� Note: 221.357 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 221 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 221.358 Audio recording or reporting of municipal court proceedings. (1) In any proceeding conducted in open court in a municipal court, any party may arrange for audio recording or reporting of the proceeding by stenographic or other means. The court may not prohibit recording or reporting of the proceeding under this section.

�� (2) A reporter providing stenographic reporting services under this section must be certified in shorthand reporting under ORS 8.415 to 8.455 or by a nationally recognized certification program. A party arranging for reporting of the proceeding by stenographic means must provide the court with the name of the reporter and an address and telephone number where the reporter may be contacted.

�� (3) If all parties to the proceeding and the court agree, the audio recording or stenographic or other reporting of the proceeding arranged under this section may be used by the parties during the proceeding.

�� (4) If all parties to the proceeding and the court agree, the audio recording or stenographic or other reporting of the proceeding arranged under this section is the official record of the proceeding.

�� (5) Unless other parties agree to pay all or part of the cost of the audio recording or stenographic or other reporting of the proceeding, the party arranging for the recording or reporting must pay all costs of the recording or reporting. [2015 c.623 �11]

�� 221.359 [Formerly 221.350; 2003 c.687 �8; repealed by 2025 c.268 �53]

�� 221.360 [Amended by 1969 c.198 �78; 1985 c.342 �17; repealed by 2025 c.268 �53]

�� 221.361 Municipal court that has not become court of record; transfer to circuit court. (1) In any municipal court that has not become a court of record under ORS 221.342, a defendant charged with a misdemeanor shall be notified immediately after entering a plea of not guilty of the right of the defendant to have the case transferred to the circuit court for the county in which the municipal court is located. The election must be made within 10 days after the plea of not guilty is entered, and upon the election the municipal court shall immediately transfer the case to the circuit court.

�� (2)(a) In any municipal court that has not become a court of record under ORS 221.342, a defendant may not enter a conditional plea of guilty or no contest. However, after a ruling adverse to the defendant on any pretrial motion, the defendant, with the consent of the municipal court and the prosecutor, may have the case transferred to the circuit court for the county in which the municipal court is located, with the same effect as a transfer described in subsection (1) of this section. The request to transfer must be made within 10 days after entry of the order ruling on the motion and prior to any verdict or plea of guilty or no contest. Upon the request and with the consent of the municipal court and the prosecutor, the municipal court shall immediately transfer the case to the circuit court.

�� (b) In a case that is transferred under this subsection in which the defendant is charged with only a violation, the filing fee described in ORS 21.135 and the process described in ORS 221.376 (1)(b) and (c) apply.

�� (3) Upon transfer of the case to circuit court, the prosecutor and the defendant have the same right to appeal the circuit court�s orders or judgments of the case as if the case had been originally commenced in circuit court. [2025 c.268 �37]

APPEALS

�� 221.363 Adverse party contact information. (1) When entering a judgment in an action for a violation or a misdemeanor, a municipal court shall, by including a notification in the judgment document or by another effective manner, notify the defendant that the defendant may request the name and contact information of the government official or entity upon which service of a notice of appeal is required under ORS 221.374, with instruction on how to make such a request.

�� (2) Upon the defendant making a request described in this subsection, the municipal court shall provide the defendant with the name and contact information of the government official or entity upon which service of the notice of appeal is required. [2025 c.268 �37a]

�� 221.365 Definition of �matter.� As used in ORS 221.369 to 221.407, �matter� means:

�� (1) On appeal from a judgment of conviction and sentence, the entire case; or

�� (2) On appeal from a pretrial order or order entered after trial, or an amended or corrected judgment, the order or judgment from which the appeal is taken and any issue, factual or legal, necessary to decide the appeal. [2025 c.268 �37b]

�� 221.367 Court to which appeal is taken. (1) If a municipal court has become a court of record under ORS 221.342:

�� (a) An appeal in a proceeding involving a violation shall be taken to the Court of Appeals as provided in ORS 138.057.

�� (b) An appeal in a proceeding involving a misdemeanor shall be taken to the Court of Appeals as provided in ORS 138.010 to 138.310 for appeals from a circuit court.

�� (2) If a municipal court has not become a court of record under ORS 221.342, an appeal shall be taken to the circuit court of the county in which the municipal court is located and in the manner provided in ORS 221.369 to 221.407. [2025 c.268 �38]

�� 221.369 Deadline for appeal. (1) Except as provided in subsection (2) of this section, a notice of appeal must be filed and served within 30 days of the date of entry in the municipal court docket of the judgment or order being appealed.

�� (2) If a motion for a new trial or motion in arrest of judgment is timely served and filed, a notice of appeal must be served and filed within 30 days from the earlier of the following dates:

�� (a) The date of entry of the order disposing of the motion; or

�� (b) The date on which the motion is deemed denied.

�� (3) The appeal is perfected upon submission of the case record described in ORS 221.352. [2025 c.268 �39]

�� 221.370 [Repealed by 2025 c.268 �53]

�� 221.371 Contents of notice of appeal; model notice of appeal form. (1) The notice of appeal must contain:

�� (a) The title of the cause in the municipal court. The party appealing is known as the appellant and the adverse party as the respondent, but the title of the action is otherwise unchanged.

�� (b) The name of each party and the party�s attorney, if the party is represented by an attorney.

�� (c) A notice to each party that appeared in the action or proceeding, or to the party�s attorney if the party is represented, that an appeal is taken and designating the adverse parties to the appeal.

�� (d) Identification of the municipal court�s order or judgment from which the appeal is taken.

�� (e) If an appellant is not represented by an attorney, a postal address for the appellant and either an electronic mail address for the appellant, or a statement that the appellant does not have an electronic mail address or does not wish to receive correspondence via electronic mail.

�� (f) If the appellant is represented by an attorney, the postal address and electronic mail address for the attorney.

�� (g) The postal address and electronic mail address, if known to the appellant, for all other parties designated as parties to the appeal.

�� (h) The signature of the appellant or, if the appellant is represented by an attorney, the appellant�s attorney.

�� (i) If the appellant is appealing from a judgment of conviction based on a plea of guilty or no contest, a claim that the trial court failed to comply with requirements of law in imposing or failing to impose a sentence.

�� (2) The State Court Administrator shall create a model notice of appeal form that, when completed by the appellant, contains the information described in subsection (1) of this section. [2025 c.268 �39a]

�� 221.374 Filing and service of notice of appeal. (1) The appellant shall:

�� (a) File written notice of appeal with the municipal court from which the appeal is taken with proof of service of a copy on the adverse party, or an acknowledgment of service signed by the adverse party; and

�� (b) Serve a copy of the notice of appeal on the adverse party or, if the adverse party is represented by an attorney, the party�s attorney.

�� (2) If the defendant is the appellant:

�� (a) The defendant shall serve the city attorney if the case has been brought in the city�s name and the defendant did not serve the city attorney under subsection (1) of this section.

�� (b) The defendant shall serve the district attorney if the case has been brought in the state�s name and the defendant did not serve the district attorney under subsection (1) of this section. [2025 c.268 �40]

�� 221.376 Filing fee. (1)(a) On appeal from a municipal court to the circuit court in an action involving only the commission of a violation, the parties are subject to the circuit court fees described in ORS 21.135 when filing a notice of appeal or other first appearance in the appellate proceeding.

�� (b) The appellant shall either tender payment of the circuit court filing fee to the municipal court, or file an application to waive or defer the filing fee with the municipal court. The appellant may use the application described in ORS 21.685.

�� (c) The municipal court shall transmit the filing fee or application to waive or defer the filing fee to the circuit court of the county in which the municipal court is located at the time that the municipal court submits the case record as required in ORS

ORS 223.882

223.882 can be contracted or incurred, the consent of the electors of the city must first be obtained. [Formerly 223.865]

�� 223.888 Authority of city to carry out law. In the execution of powers conferred by ORS 223.882 to 223.886, a city may act through its council, commission of public docks, or other administrative body having jurisdiction of its wharves, docks or waterfront property. The city or its said administrative body may enter into and execute contracts or leases and do all acts and things requisite for carrying out the purposes of ORS 223.882 to 223.900. [Formerly 223.870]

�� 223.900 Leasing property to individuals. In leasing or renting any part or portion of the real property acquired pursuant to the authority of ORS 223.882 to any individual or corporation, a city shall act in conformity with the requirements of ORS 271.300 to 271.360 when those sections are applicable. [Formerly 223.875; 1985 c.443 �2]

�� 223.905 [Repealed by 2007 c.783 �234]

�� 223.910 [Repealed by 2007 c.783 �234]

�� 223.915 [Repealed by 2007 c.783 �234]

�� 223.920 [Repealed by 2007 c.783 �234]

�� 223.925 [Repealed by 2007 c.783 �234]

MISCELLANEOUS PROVISIONS

�� 223.930 Streets along city boundaries or partly within and without city. (1) Any city may construct, improve, maintain and repair any street the roadway of which, as defined in the Oregon Vehicle Code, is along or along and partly without, or partly within and partly without the boundaries of the city and may acquire, within and without the boundaries of such city, such rights of way as may be required for such street by donation or purchase or by condemnation in the same manner as provided in ORS 223.005 to 223.105, except as provided in subsection (2) of this section.

�� (2) In any condemnation proceeding pursuant to subsection (1) of this section, a city shall not have any right of occupancy or possession until the condemnation judgment is paid. [1955 c.551 �1; 1985 c.16 �453]

�� 223.935 Basis for legalization of road. A city governing body may initiate proceedings to legalize a city road within the city under ORS 223.935 to 223.950 if any of the following conditions exist:

�� (1) If, through omission or defect, doubt exists as to the legal establishment or evidence of establishment of a public road.

�� (2) If the location of the road cannot be accurately determined due to:

�� (a) Numerous alterations of the road;

�� (b) A defective survey of the road or adjacent property; or

�� (c) Loss or destruction of the original survey of the road.

�� (3) If the road as traveled and used for 10 years or more does not conform to the location of a road described in the city records. [1989 c.375 �1]

�� 223.940 Proceedings for legalization of roads; report; notice. (1) If proceedings for legalization of a road are initiated under ORS 223.935, the city governing body shall:

�� (a) Cause the road to be surveyed to determine the location of the road;

�� (b) Cause the city engineer or other city road official to file a written report with the city governing body including the survey required under this section and any other information required by the city governing body; and

�� (c) Cause notice of the proceedings for legalization to be provided to owners of abutting land in the manner required by city ordinance or charter.

�� (2) In a proceeding under this section, any person may file with the city governing body information that controverts any matter presented to the city governing body in the proceeding or alleging any new matter relevant to the proceeding. [1989 c.375 �2]

�� 223.945 Compensation for property affected by road legalization. (1) A city governing body shall provide for compensation under this section to any person who has established a structure on real property if the structure encroaches on a road that is the subject of legalization proceedings under ORS 223.935 to 223.950.

�� (2) To qualify for compensation under this section, a person must file a claim for damages with the city governing body before the close of the hearing to legalize the road. The city governing body shall consider a claim for damages unless the city governing body determines that:

�� (a) At the time the person acquired the structure, the person had a reasonable basis for knowing that the structure would encroach upon the road;

�� (b) Upon the original location of the road, the person received damages;

�� (c) The person or the person�s grantor applied for or assented to the road passing over the property; or

�� (d) When making settlements on the property, the person found the road in public use and traveled.

�� (3) The compensation allowed under this section shall be just compensation for the removal of the encroaching structure.

�� (4) The city governing body may proceed to determine compensation and acquire the structure by any method authorized by law or by the city charter.

�� (5) If a city governing body determines that removal of the encroaching structure is not practical under this section, the city governing body may acquire property to alter the road being legalized. [1989 c.375 �3]

�� 223.950 Order under road legalization proceeding. (1) After considering matters presented in a proceeding to legalize a road under ORS 223.935 to 223.950, a city governing body shall determine whether legalization of the road is in the public interest and shall enter an order abandoning or completing the legalization procedures on the road.

�� (2) When a city governing body legalizes a road under ORS 223.935 to 223.950, the city governing body shall cause the road to be surveyed and the centerline and right of way to be monumented by a registered professional land surveyor. The survey map and narrative for such survey shall be prepared and filed with the county surveyor in accordance with ORS 209.250.

�� (3) Courts shall receive any order filed under this section as conclusive proof that the road exists as described in the order.

�� (4) Upon completion of the legalization procedures under ORS 223.935 to 223.950:

�� (a) Any records showing the location of the road that conflict with the location of the road as described in the order are void; and

�� (b) The road exists as shown on the order legalizing the road. [1989 c.375 �4]

ORS 227.285

227.285); 1975 c.767 �12]

�� 227.290 Building setback lines established by city council; criteria. (1) The council or other governing body of any incorporated city, under an exercise of its police powers, may establish or alter building setback lines on private property adjacent to any alley, street, avenue, boulevard, highway or other public way in such city. It may make it unlawful and provide a penalty for erecting after said establishment any building or structure closer to the street line than such setback line, except as may be expressly provided by ordinance. The council or body shall pass and put into effect such ordinances as may be needed for the purpose of providing for a notice to and hearing of persons owning property affected before establishing any such setback line. Such setback lines may be established without requiring a cutting off or removal of buildings existing at the time.

�� (2) The council may consider, in enacting ordinances governing building setback lines, the site slope and tree cover of the land with regard to solar exposure. The council shall not restrict construction where site slope and tree cover make incident solar energy collection unfeasible, except an existing solar structure�s sun plane shall not be substantially impaired.

�� (3) The council may consider, in enacting ordinances governing building setback lines and maximum building height, the impact on available wind resources. The ordinances shall protect an existing wind energy system�s wind source to the extent feasible.

�� (4) The powers given in this section shall be so exercised as to preserve constitutional rights. [Amended by 1979 c.671 �4; 1981 c.590 �9]

�� 227.300 Use of eminent domain power to establish setback lines. The council or other governing body of any incorporated city, under an exercise of the power of eminent domain, may establish or alter building setback lines on private property adjacent to any alley, street, avenue, boulevard, highway, or other public way in such city in cases where the establishment of such setback lines is for street widening purposes, and in cases where the establishment of such setback lines affects buildings or structures existing at the time. The council or other governing body of the city shall pass and put into effect such ordinances as may be needed for the purpose of providing for a notice to and hearing of persons whose property is affected by such establishment. In case of the exercise of the power of eminent domain, provision shall be made for ascertaining and paying just compensation for any damages caused as the result of establishing such setback lines.

�� 227.310 [1957 c.67 �1; 1975 c.767 �13; repealed by 1977 c.766 �16]

�� 227.320 City program for demolition of residences or residential buildings. (1) Subject to the provisions of this section, a city of this state may establish by ordinance or otherwise a program for the demolition of residences or residential buildings. A program established under this subsection:

�� (a) Must require a person performing a demolition to acquire a permit from the city authorizing the person to perform the demolition;

�� (b) If a person performing a demolition is a contractor, as defined in ORS 701.005 (5)(a), and if a residence or residential building to be demolished was built before January 1, 1978, must require the person, as a condition of receiving a permit under this subsection, to submit proof verifying that the person has been certified to engage in lead-based paint activities in accordance with rules adopted by the Oregon Health Authority;

�� (c) If a residence or residential building to be demolished was built before January 1, 1978, must require the person performing the demolition to comport with some or all of a list of best practices developed and periodically updated by the authority, in consultation with the Department of Environmental Quality, the Construction Contractors Board and other interested stakeholders, for the purpose of containing lead particles that otherwise would be released into the air during a demolition;

�� (d) May require a person performing a demolition to provide a copy of the asbestos survey required under ORS 468A.757 and notice of intent to perform activities related to asbestos abatement to an agency of the city before performing the demolition; and

�� (e) May provide for the dissemination to the public of a document, developed in coordination with the authority and the department, listing answers to frequently asked questions about:

�� (A) Best practices for containing lead particles that otherwise would be released into the air during a demolition;

�� (B) The asbestos survey required under ORS 468A.757; and

�� (C) Asbestos abatement activities that must be conducted before a demolition.

�� (2) Subsection (1)(b) and (c) of this section does not apply to the demolition of a residence or residential building built before January 1, 1978, if a person certified to inspect or assess structures for the presence of lead-based paint in accordance with rules adopted by the authority has determined that the residence or residential building does not contain lead-based paint.

�� (3)(a) Except as provided in paragraph (b) of this subsection, this section does not prevent a city from adopting ordinances or otherwise providing for the further regulation of demolitions of residences and residential buildings.

�� (b) After any best practices are developed as described in subsection (1)(c) of this section, a city may not adopt ordinances regarding, or otherwise provide for, best practices for the purpose of containing lead particles that otherwise would be released into the air during a demolition that are in addition to any best practices developed and updated as described in subsection (1)(c) of this section. [2017 c.739 �1]

�� Note: 227.320 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 227 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

WETLANDS DEVELOPMENT

�� 227.350 Notice of proposed wetlands development; exception; approval by city. (1) After the Department of State Lands has provided the city with a copy of the applicable portions of the Statewide Wetlands Inventory, the city shall provide notice to the department, the applicant and the owner of record, within five working days of the acceptance of any complete application for the following activities that are wholly or partially within areas identified as wetlands on the Statewide Wetlands Inventory:

�� (a) Subdivisions;

�� (b) Building permits for new structures;

�� (c) Other development permits and approvals that allow physical alteration of the land involving excavation and grading, including permits for removal or fill, or both, or development in floodplains and floodways;

�� (d) Conditional use permits and variances that involve physical alterations to the land or construction of new structures; and

�� (e) Planned unit development approvals.

�� (2) The provisions of subsection (1) of this section do not apply if a permit from the department has been issued for the proposed activity.

�� (3) Approval of any activity described in subsection (1) of this section shall include one of the following notice statements:

�� (a) Issuance of a permit under ORS 196.600 to 196.921 by the department required for the project before any physical alteration takes place within the wetlands;

�� (b) Notice from the department that no permit is required; or

�� (c) Notice from the department that no permit is required until specific proposals to remove, fill or alter the wetlands are submitted.

�� (4) If the department fails to respond to any notice provided under subsection (1) of this section within 30 days of notice, the city approval may be issued with written notice to the applicant and the owner of record that the proposed action may require state or federal permits.

�� (5) The city may issue local approval for parcels identified as or including wetlands on the Statewide Wetlands Inventory upon providing to the applicant and the owner of record of the affected parcel a written notice of the possible presence of wetlands and the potential need for state and federal permits and providing the department with a copy of the notification of comprehensive plan map or zoning map amendments for specific properties.

�� (6) Notice of activities authorized within an approved wetland conservation plan shall be provided to the department within five days following local approval.

�� (7) Failure by the city to provide notice as required in this section will not invalidate city approval. [1989 c.837 �31; 1991 c.763 �26]

TRUCK ROUTES

�� 227.400 Truck routes; procedures for establishment or revision; notice; hearing. (1) A city council shall not establish a new truck route or revise an existing truck route within the city unless the council first provides public notice of the proposed truck route and holds a public hearing concerning its proposed action.

�� (2) The city council shall provide notice of a public hearing held under this section by publishing notice of the hearing once a week for two consecutive weeks in some newspaper of general circulation in the city. The second publication of the notice must occur not later than the fifth day before the date of the public hearing.

�� (3) The notice required under this section shall state the time and place of the public hearing and contain a brief and concise statement of the proposed formation of the truck route, including a description of the roads and streets in the city that will form the truck route.

�� (4) As used in this section:

�� (a) �Truck� includes motor truck, as defined in ORS 801.355, and truck tractor, as defined in ORS 801.575.

�� (b) �Truck route� means the roads or streets in a city which have been formally designated by the city council as the roads or streets on which trucks must travel when proceeding through the city. [1985 c.564 �1]

RECYCLING CONTAINERS

�� 227.450 Recycling containers; recommendations for new construction. (1) Multiunit housing with more than 10 individual residential units should include adequate space and access for collection of containers for solid waste and recyclable materials.

�� (2) Each commercial building and each industrial and institutional building should include adequate space and access for collection of containers for solid waste and recyclable materials.

�� (3) As used in this section, �commercial,� �recyclable material� and �solid waste� have the meanings given in ORS 459.005. [1997 c.552 �32; 2025 c.38 �43]

CLUSTERED MAILBOXES

�� 227.455 Clustered mailboxes in city streets and rights-of-way. Each city in this state shall adopt standards and specifications for clustered mailboxes within the boundaries of city streets and rights-of-way that conform to the standards and specifications for such mailboxes contained in the State of Oregon Structural Specialty Code. [2011 c.488 �2]

�� Note: 227.455 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 227 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

PERMITTED USES IN ZONES

�� 227.500 Use of real property for religious activity; city regulation of real property used for religious activity. (1) If a church, synagogue, temple, mosque, chapel, meeting house or other nonresidential place of worship is allowed on real property under state law and rules and local zoning ordinances and regulations, a city shall allow the reasonable use of the real property for activities customarily associated with the practices of the religious activity, including:

�� (a) Worship services.

�� (b) Religion classes.

�� (c) Weddings.

�� (d) Funerals.

�� (e) Meal programs.

�� (f) Child care or any preschool or prekindergarten education, but not private or parochial education for kindergarten through grade 12 or higher education.

�� (2) A city may:

�� (a) Subject real property described in subsection (1) of this section to reasonable regulations, including site review and design review, concerning the physical characteristics of the uses authorized under subsection (1) of this section; or

�� (b) Prohibit or regulate the use of real property by a place of worship described in subsection (1) of this section if the city finds that the level of service of public facilities, including transportation, water supply, sewer and storm drain systems is not adequate to serve the place of worship described in subsection (1) of this section.

�� (3) Notwithstanding any other provision of this section, a city may allow a private or parochial school for kindergarten through grade 12 or higher education to be sited under applicable state law and rules and local zoning ordinances and regulations. [2001 c.886 �4; 2017 c.745 �8; 2019 c.640 �20; 2021 c.385 �5; 2021 c.446 �5; 2025 c.267 �2]

�� 227.505 Solar energy systems on residential and commercial structures. (1) The installation and use on a residential structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which residential structures are an allowed use.

�� (3) Approval of a permit application under ORS 227.160 to 227.186 is, notwithstanding the definition of �permit� in ORS 227.160, a ministerial function if:

�� (b) The solar energy system would be mounted so that the plane of the system is parallel to the slope of the roof.

�� (4) As part of the permit approval process, a city:

�� (a) May not charge a fee pursuant to ORS 227.175 for processing a permit;

�� (b) May not require extensive surveys or site evaluations including, but not limited to, vegetation surveys, contour maps and elevation drawings; and

�� (c) May charge building permit fees pursuant to ORS 455.020, 455.210 and 455.220.

�� (5) Subsections (3) and (4) of this section do not apply to a permit application for a residential or commercial structure that is:

�� (a) A federally or locally designated historic building or landmark or that is located in a federally or locally designated historic district.

�� (b) A conservation landmark designated by a city or county because of the historic, cultural, archaeological, architectural or similar merit of the landmark.

�� (c) Located in an area designated as a significant scenic resource unless the material used is:

�� (A) Designated as anti-reflective; or

�� (B) Eleven percent or less reflective.

�� (6) As used in this section, �solar photovoltaic energy system� has the meaning given that term in ORS 757.360. [2011 c.464 �2]

�� Note: 227.505 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 227 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

PLANNING AND ZONING PREAPPLICATION PROCESS

�� 227.600 Land use approval preapplication review. (1) As used in this section:

�� (a) �Compost� has the meaning given that term in ORS 459.005.

�� (b) �Disposal site� has the meaning given that term in ORS 459.005.

�� (c) �Local government� has the meaning given that term in ORS 174.116.

�� (2) Before an applicant may submit an application under ORS 227.160 to 227.186 for land use approval to establish or modify a disposal site for composting that requires a permit issued by the Department of Environmental Quality, as provided in subsection (3) of this section, the applicant shall:

�� (a) Request and attend a preapplication conference described in subsections (4) to (6) of this section; and

�� (b) Hold a preapplication community meeting described in subsections (7) to (9) of this section.

�� (3) Subsection (2) of this section applies to an application to:

�� (a) Establish a disposal site for composting that sells, or offers for sale, resulting product; or

�� (b) Allow an existing disposal site for composting that sells, or offers for sale, resulting product to:

�� (A) Accept as feedstock nonvegetative materials, including dead animals, meat, dairy products and mixed food waste; or

�� (B) Increase the permitted annual tonnage of feedstock used by the disposal site by an amount that requires a new land use approval.

�� (4) During the preapplication conference:

�� (a) The applicant shall provide information about the proposed disposal site for composting and proposed operations for composting and respond to questions about the site and operations.

�� (b) The city with land use jurisdiction over the proposed disposal site for composting and the other representatives described in subsection (5) of this section shall inform the applicant of permitting requirements to establish and operate the proposed disposal site for composting and provide all application materials to the applicant.

�� (5) The applicant shall submit a written request to the city with land use jurisdiction to request a preapplication conference. A representative of the planning department of the city and a representative of the Department of Environmental Quality shall attend the conference along with representatives, as determined necessary by the city, of the following entities:

�� (a) Any other state agency or local government that has authority to approve or deny a permit, license or other certification required to establish or operate the proposed disposal site for composting.

�� (b) A state agency, a local government or a private entity that provides or would provide to the proposed disposal site for composting one or more of the following:

�� (A) Water systems.

�� (B) Wastewater collection and treatment systems, including storm drainage systems.

�� (C) Transportation systems or transit services.

�� (c) A city or county with territory within its boundaries that may be affected by the proposed disposal site for composting.

�� (d) The Department of Land Conservation and Development.

�� (e) The State Department of Agriculture.

�� (6) The city with land use jurisdiction may use preapplication procedures, if any, in the acknowledged land use regulations of the city, consistent with the requirements that the city shall:

�� (a) Provide notice of the preapplication conference to the entities described in subsection (5) of this section by mail and, as appropriate, in any other manner that ensures adequate notice and opportunity to participate;

�� (b) Hold the preapplication conference at least 20 days and not more than 40 days after receipt of the applicant�s written request; and

�� (c) Provide preapplication notes to each attendee of the conference and the other entities described in subsection (5) of this section for which a representative does not attend the preapplication conference.

�� (7) After the preapplication conference and before submitting the application for land use approval, the applicant shall:

�� (a) Hold a community meeting within 60 days after the preapplication conference:

�� (A) In a public location in the city with land use jurisdiction; and

�� (B) On a business day, or Saturday, that is not a holiday, with a start time between the hours of 6 p.m. and 8 p.m.

�� (b) Provide notice of the community meeting to:

�� (A) The owners of record, on the most recent property tax assessment roll, of real property located within one-half mile of the real property on which the proposed disposal site for composting would be located;

�� (B) The resident or occupant that receives mail at the mailing address of the real property described in subparagraph (A) of this paragraph if the mailing address of the owner of record is not the mailing address of the real property;

�� (C) Neighborhood and community organizations recognized by the governing body of the city if a boundary of the organization is within one-half mile of the proposed disposal site for composting;

�� (D) A newspaper that meets the requirements of ORS 193.020 for publication;

�� (E) Local media in a press release; and

�� (F) The entities described in subsection (5) of this section.

�� (8) During the community meeting, the applicant shall provide information about the proposed disposal site for composting and proposed operations for composting and respond to questions about the site and operations.

�� (9) The applicant�s notice provided under subsection (7)(b) of this section must include:

�� (a) A brief description of the proposed disposal site for composting;

�� (b) The address of the location of the community meeting; and

�� (c) The date and time of the community meeting. [2013 c.524 �2]

�� Note: 227.600 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 227 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

CHAPTERS 228 TO 235 [Reserved for expansion]

ORS 23.250

23.250; 2005 c.456 �3; 2009 c.612 �3; 2024 c.100 �5]

�� 18.405 [1979 c.694 �3; 2001 c.334 �1; repealed by 2003 c.576 �580]

�� 18.406 Exemption not applicable to certain liens, mortgages and interests. ORS 18.395 to 18.422 do not apply to construction liens for work, labor or material done or furnished exclusively for the improvement of the homestead property, to purchase money liens, to mortgages lawfully executed, or to the enforcement of a seller�s rights under a land sale contract, as defined by ORS 18.960. [Formerly 23.260; 2005 c.542 �58a]

�� 18.410 [Amended by 1985 c.540 �26; 1987 c.586 �8; 1989 c.768 �6; 1999 c.788 �24; repealed by 2003 c.576 �580]

�� 18.412 Notice of intent to discharge judgment lien against homestead. (1) At any time after the date of execution of an agreement to transfer the ownership of property in which a homestead exemption exists pursuant to ORS 18.395, the homestead owner or the owner�s transferee may give notice of intent to discharge the property from the judgment lien to a judgment creditor. Each notice must bear the caption of the action in which the judgment was recovered and must:

�� (a) Identify the property and the judgment and state that the judgment debtor is about to transfer, or has transferred, the property and that the transfer is intended to discharge the property from any lien effect of the judgment;

�� (b) State the fair market value of the property on the date of the notice or of any applicable petition in bankruptcy, whichever is applicable, and list the encumbrances against the property, including the nature and date of each encumbrance, the name of the encumbrancer and the amount presently secured by each encumbrance;

�� (c) State that the property is claimed by the person giving the notice to be wholly exempt from the lien of the judgment or, if the value of the property exceeds the sum of the encumbrances specified as required under paragraph (b) of this subsection that are senior to the judgment lien and the applicable amount of the homestead exemption specified in ORS 18.395 (1)(a) or (b), that the amount of the excess or the amount due on the judgment, whichever is less, will be deposited with the court administrator for the court in which the judgment was entered for the use of the judgment holder; and

�� (d) Advise the holder of the judgment that the property may be discharged from any lien arising from the judgment, without further notice to the judgment creditor, unless prior to a specified date, which in no case may be earlier than 14 days after the date of mailing of the notice, the judgment creditor files objections and a request for a hearing on the matter as provided in ORS 18.415.

�� (2) Each notice described by subsection (1) of this section must be sent by certified mail to the judgment creditor, as shown by the court records, at the judgment creditor�s present or last-known address according to the best knowledge of the person sending the notice. A copy of each notice, together with proof of mailing, may be filed with the court administrator for the court in which the judgment was entered and must be filed by the court administrator with the records and files of the action in which the judgment was recovered. [Formerly 23.280; 2005 c.456 �4; 2007 c.129 �9; 2009 c.612 �4; 2024 c.100 �6]

�� 18.415 Objections to discharge; hearing. (1) Any holder of an interest in a judgment described in a notice sent pursuant to ORS 18.412 may file objections to the notice and a request for a hearing upon the application for an order made pursuant to ORS 18.422 (4). The objections and the request for a hearing must be filed in the court that entered the judgment. The objections and the request for hearing must be filed prior to the date specified in the notice and must indicate the grounds for the objections and include the address to which notice of any hearing upon request for an order may be sent.

�� (2)(a) If the holder of a judgment admits the validity of the homestead exemption and objects only that the value placed upon the property in the notice is or was less than the fair market value of the property on the date of the notice or petition in bankruptcy, whichever is applicable, the court shall try the issue of fair market value without formal pleadings. Each party may offer evidence of fair market value, but the holder of the judgment has the burden of proving the fair market value.

�� (b) If the objection is made to other than the valuation of the property, the court shall try the issues of fact and law in the manner of a quiet title suit and may direct filing of formal pleadings as it considers necessary for definition of issues.

�� (3) If the court finds that the fair market value of the property specified in the notice reasonably approximates the fair market value of the property on the date of the notice or petition in bankruptcy, whichever is applicable, or, if other issues are raised by the objections and are decided against the holder of the judgment, the court shall make an order that the property is not subject to the lien of the objecting judgment holder. In all other cases, the application for an order shall be dismissed and the lien upon the property shall not be affected by the notice. [Formerly 23.290; 2005 c.568 �23]

�� 18.420 [Amended by 1961 c.538 �1; 1987 c.586 �9; 1991 c.696 �1; 1999 c.788 �25; 2003 c.576 �571; renumbered 18.238 in 2003]

�� 18.422 Release of judgment lien. (1) If a deposit, as required by ORS 18.412 (1)(c), is made by a transferee of any property, the transferee may credit the amount of the deposit against the consideration owed by the transferee for the transfer.

�� (2) The holder of any judgment described in ORS 18.412 (1) is entitled to receive the full amount of any deposit made with respect to the judgment upon delivery to the court administrator of a release of lien document in the form provided by ORS 18.200 for the property described in the notice. If the real property is located in a county where a certified copy of the judgment or lien record abstract has been recorded, the holder of the judgment, upon receipt of the deposit, shall have a certified copy of the release of lien document recorded in the County Clerk Lien Record.

�� (3) If a release of lien document for the property is not delivered by the holder of the judgment to the court administrator as required by subsection (2) of this section, the court administrator shall hold the deposit described in ORS 18.412 (1) and the deposit shall be paid by the court administrator to the homestead claimant upon expiration of the judgment remedies for the judgment as provided in ORS 18.180 to 18.190.

�� (4) At any time after the date specified in a notice, as provided by ORS 18.412 (1)(d), the homestead claimant for the property described in the judgment may apply to the court in which the judgment was entered for an order that the property described in the notice is no longer subject to the judgment lien. If no objections are filed and no hearing is requested in accordance with ORS 18.415, the judge shall issue an ex parte order that the property is no longer subject to the judgment lien if the judge is satisfied that the property has been, or is about to be, transferred and that the notice was prepared and mailed and a deposit was made as required in ORS 18.412. The judge must, in addition, find that the holder of the judgment actually received notice or, if the whereabouts of the holder are unknown, that a reasonably diligent effort has been made to find the holder. If objections and a request for a hearing have been filed by the holder of the judgment, the court shall set a hearing and notify the holder of the judgment of the time and place of the hearing. The homestead claimant may have a certified copy of the ex parte order recorded in the County Clerk Lien Record. [Formerly 23.300]

�� 18.425 [1987 c.774 �29; 1997 c.801 �123; 1999 c.788 �26; repealed by 2001 c.779 �10]

�� 18.428 [Formerly 23.164; 2005 c.542 �59a; 2005 c.568 �24; repealed by 2009 c.612 �9]

�� 18.430 [Amended by 1987 c.586 �10; renumbered 18.242 in 2003]

�� 18.440 [1971 c.665 �1; 1975 c.269 �1; renumbered 31.800 in 2003]

�� 18.445 [1975 c.269 �2; renumbered 31.805 in 2003]

�� 18.450 [1975 c.269 �3; 1995 c.696 �1; renumbered 31.810 in 2003]

�� 18.455 [1975 c.269 �4; 1995 c.696 �2; renumbered 31.815 in 2003]

�� 18.460 [1975 c.269 �5; renumbered 31.820 in 2003]

�� 18.465 [2003 c.576 �34; repealed by 2005 c.542 �73]

�� 18.468 [2003 c.576 �35; 2005 c.568 �24a; repealed by 2005 c.542 ��73,73a]

�� 18.470 [1971 c.668 �1; 1975 c.599 �1; 1995 c.696 �3; renumbered 31.600 in 2003]

�� 18.472 [2003 c.576 �36; 2005 c.542 �60; renumbered 18.867 in 2005]

�� 18.475 [1975 c.599 �4; renumbered 31.620 in 2003]

�� 18.476 [2003 c.576 �37; repealed by 2005 c.542 �73]

�� 18.478 [Formerly 23.410; repealed by 2005 c.542 �73 and 2005 c.568 �42]

�� 18.480 [1975 c.599 �2; 1995 c.79 �6; 1995 c.696 �4; renumbered 31.605 in 2003]

�� 18.482 [Formerly 23.310; repealed by 2005 c.542 �73]

�� 18.485 [1975 c.599 �3; 1987 c.774 �7; 1995 c.696 �5; renumbered 31.610 in 2003]

�� 18.486 [Formerly 23.440; repealed by 2005 c.542 �73]

�� 18.490 [1975 c.599 �5; renumbered 31.615 in 2003]

�� 18.492 [2003 c.576 �38; repealed by 2005 c.542 �73]

�� 18.494 [2003 c.576 �39; repealed by 2005 c.542 �73]

�� 18.500 [Formerly 41.950; renumbered

ORS 237.210

237.210; 2007 c.53 �1; 2023 c.404 �15; 2025 c.49 �2; 2025 c.490 �1]

�� 238.455 Estimated benefit payments. (1)(a) Whenever a member of the system is retired for service and is entitled to receive a retirement allowance or benefit that is payable monthly, and the Public Employees Retirement Board is unable to calculate the amount of the monthly payment in time to allow mailing of the monthly payment to the member within 62 days of the date the first monthly payment is due, the board shall calculate an estimated amount for the monthly payment based on the information then available to the board and shall mail that payment to the member within 62 days of the date the first monthly payment is due.

�� (b) Whenever a member of the system is retired for disability and is entitled to receive a retirement allowance or benefit that is payable monthly, and the board is unable to calculate the amount of the monthly payment in time to allow mailing of the monthly payment to the member within 10 days of either the date the board approves the member�s application or the date that the first monthly payment is due, whichever is later, the board shall calculate an estimated amount for the monthly payment based on the information then available to the board and shall mail that payment to the member within 10 days of the date the board approves the member�s disability benefit, the date the board receives the member�s election of one of the optional forms of disability retirement allowance or the date the first monthly payment is due, whichever is later.

�� (2) The board shall continue to mail estimated payments under subsection (1) of this section until such time as the correct amount of the monthly payment is determined.

�� (3) The board shall notify the member receiving an estimated payment under subsection (1) of this section that the payment is an estimated payment only. The board shall further notify the member of the provisions of subsection (4) of this section.

�� (4) If the board determines that any estimated payment made to the member under subsection (1) of this section resulted in payment to the member of an amount other than the correct amount due the member as a retirement allowance or benefit, the board shall immediately so notify the member. Thereafter, the board may increase or decrease the monthly payment to the member until such time as the total difference between the amount or amounts the member received and the amount or amounts the member should have received is accounted for. Thereafter the member shall receive the monthly payment as finally calculated by the board.

�� (5) If the estimated payment made to the member under subsection (1) of this section results in an underpayment to the member of $10 or more a month, the board shall pay interest on the balance of such underpayment at a rate established by rule of the board until such time as the underpayment is paid to the member pursuant to subsection (4) of this section.

�� (6) No member shall have any right to any allowance or other benefit other than that provided for in this chapter and ORS chapter 238A based on the board�s estimate under this section or based on any other estimate made by the board for any other purpose under this chapter and ORS chapter 238A. [Formerly 237.159; 2003 c.733 �53; 2005 c.302 �1]

�� 238.458 Unclaimed benefits. (1) A benefit that is owed to a member or beneficiary of a member under the Public Employees Retirement System shall be forfeited at the end of the system�s plan year in which the benefit becomes due if the Public Employees Retirement Board is unable to locate the member or beneficiary. If the member, beneficiary or any other person thereafter establishes a right to the forfeited benefit, the board shall reinstate the benefit. If the benefit is a periodic payment, the board shall make a retroactive payment to the member, beneficiary or other person in a lump sum for all amounts that would have been paid before reinstatement of the benefit. No interest shall be paid on the benefit for the period commencing when the benefit became due and the date of the retroactive payment.

�� (2) Death benefits and other amounts payable by reason of the death of a member do not escheat to the state when the member dies without heirs, devisees or beneficiaries designated under ORS 238.390. If a beneficiary has not been designated under ORS 238.390, and a personal representative or a person filing a simple estate affidavit under ORS 114.505 to 114.560 fails to make claim for the benefits within one year after the member dies, the benefits shall be forfeited to the Public Employees Retirement Fund in the manner provided by subsection (1) of this section and are subject to reinstatement only upon subsequent appointment of a personal representative or the filing of a simple estate affidavit in the manner provided by ORS 114.505 to 114.560. If benefits are paid to a personal representative or a person filing a simple estate affidavit under ORS 114.505 to 114.560, the personal representative or person filing the affidavit shall return to the board the amount that would otherwise escheat to the state after payment of administrative expenses and claims against the estate. Any amounts returned to the board under this subsection shall be forfeited to the fund. [1999 c.317 �20; 2003 c.625 �2; 2019 c.165 �25; 2023 c.17 �24]

�� 238.460 Waiver of retirement allowance. (1) If receipt in full by a person of a retirement allowance or other benefit under this chapter or ORS chapter 238A would prevent such person from receiving in full any other governmental pension to which the person is entitled, such person may waive for a calendar year sufficient monthly payments, or portions thereof, of retirement allowance or other benefit under this chapter or ORS chapter 238A to permit the person to receive in full the other governmental pension. The waiver shall be made in writing and filed with the Public Employees Retirement Board not less than 15 days before the first day of the month to which the waiver applies.

�� (2) If for any month the waiver does not apply to the full retirement allowance due under this chapter, the waiver applies first to all or the necessary portion of prior service pension, then to all or to the necessary portion of current service pension, and then to the necessary portion of annuity.

�� (3) The waiver may be revoked at any time, but no retirement allowance or other benefit waived for the period of time in which the waiver is in effect shall be paid. The revocation shall be made in writing and filed with the board. If a person dies during the period of time in which the waiver is in effect, the waiver is considered revoked on the date of such death. [Formerly 237.157; 2003 c.733 �54; 2005 c.22 �177]

�� 238.462 Spousal consent required for certain optional forms of retirement allowance. (1) A member of the Public Employees Retirement System who is married on the effective date of the member�s retirement shall receive a service retirement allowance in the form provided for in Option 3 under ORS 238.305 (1) or a disability retirement allowance in the form provided for in Option 3 under ORS 238.325 (1) unless the member provides proof of spousal consent to receiving an allowance in the form provided by ORS 238.300 or 238.320, or in one of the optional forms provided for in ORS 238.305 and 238.325 other than Option 3.

�� (2) Except as provided in subsection (3) of this section, a member of the system who is married on the effective date of the member�s retirement may not change the form in which a retirement allowance is paid after an election has been made as to the form of the retirement allowance unless the member provides proof of spousal consent.

�� (3) A member of the system who is married on the effective date of the member�s retirement is not required to provide spousal consent to a change in the form in which a retirement allowance is paid if the spouse of the member dies after the effective date of the member�s retirement or disability and the change in the form of the allowance is made within the time periods provided by ORS 238.305 and 238.325. A member seeking to change the form of a retirement allowance without spousal consent under the provisions of this subsection must provide a notarized statement to the Public Employees Retirement Board that certifies to the board that the spouse of the member is deceased.

�� (4) Any member of the system who is not married on the effective date of the member�s retirement must provide a notarized statement to the Public Employees Retirement Board that certifies to the board that the member is not married. No retirement allowance may be paid to a member of the system who is not married until the statement required by this subsection is provided to the board.

�� (5) A member of the system who is married on the effective date of the member�s retirement must provide proof of spousal consent for the purposes of this section by submitting a statement to the board that:

�� (a) Contains the notarized signature of the member�s spouse;

�� (b) Indicates the form in which the retirement allowance is to be paid; and

�� (c) Contains a statement that the member�s spouse consents to the payment of the retirement allowance in the specified form.

�� (6) If a member of the system who is married on the effective date of the member�s retirement fails to provide proof of spousal consent as required by this section, the board shall calculate and pay to the member a retirement allowance in the form provided for in Option 3 under ORS 238.305 (1) if the retirement is for service, or a retirement allowance in the form provided for in Option 3 under ORS 238.325 (1) if the retirement is for disability. The allowance will be calculated based on the ages of the member and the spouse, and the spouse will be designated as the beneficiary for any survivor benefits that may thereafter become payable.

�� (7) Proof of spousal consent under this section is not required for, and cannot alter, the designation of any form of a retirement allowance that is required under the terms of any judgment of annulment or dissolution of marriage or of separation, or the terms of any court order or court-approved property settlement agreement incident to any judgment of annulment or dissolution of marriage or of separation, that has been received by the board in compliance with the requirements prescribed by ORS 238.465. [1997 c.476 �2; 1999 c.407 �5; 2003 c.576 �404; 2005 c.22 �178]

�� 238.465 Benefits payable to others under certain judgments; rules. (1) Notwithstanding ORS 238.445 or any other provision of law, payments under this chapter or ORS chapter 238A of any pension, annuity, retirement allowance, disability benefit, death benefit, refund benefit or other benefit that would otherwise be made to a person entitled thereto under this chapter or ORS chapter 238A shall be paid, in whole or in part, by the Public Employees Retirement Board to an alternate payee if and to the extent expressly provided for in the terms of any judgment of annulment or dissolution of marriage or of separation, or the terms of any court order or court-approved property settlement agreement incident to any judgment of annulment or dissolution of marriage or of separation. Except as provided in subsection (5) of this section, the total actuarial value of benefits payable to a member and to an alternate payee under this section may not be greater than the value of the benefits the member would otherwise be eligible to receive if the annulment or dissolution of marriage or separation had not occurred. Any payment under this subsection to an alternate payee bars recovery by any other person.

�� (2) A judgment, order or settlement providing for payment to an alternate payee under subsection (1) of this section may also provide:

�� (a) That payments to the alternate payee may commence, at the election of the alternate payee, at any time after the earlier of:

�� (A) The earliest date the member would be eligible to receive retirement benefits if the member separates from service; or

�� (B) The date the member actually separates from service due to death, disability, retirement or termination of employment.

�� (b) That the alternate payee may elect to receive payment in any form of pension, annuity, retirement allowance, disability benefit, death benefit, refund benefit or other benefit, except a benefit in the form of a joint and survivor annuity, that would be available to the member under this chapter or ORS chapter 238A, or that would be available to the member if the member retired or separated from service at the time of election by the alternate payee, without regard to the form of benefit elected by the member.

�� (c) That the alternate payee�s life is the measuring life for the purpose of measuring payments to the alternate payee under the form of benefit selected by the alternate payee and for the purpose of determining necessary employer reserves.

�� (d) Except as provided in ORS 238.305 (10) and 238.325 (7), that any person designated by the member as a beneficiary under ORS 238.300, 238.305, 238.325, 238A.190 or

ORS 237.440

237.440 shall be liable for the contributions required to be remitted by an employer under the provisions of sections 3101 and 3111 of the federal Internal Revenue Code and amendments thereto, except that no contributions required by ORS 237.460 shall be withheld or remitted prior to July 1, 1951, or prior to the approval of the agreement by the Federal Security Administrator (United States Secretary of Health and Human Services). [Amended by 1953 c.192 �4; 1991 c.67 �54; 1991 c.813 �9]

�� 237.460 Withholding and remitting of employees� contributions. (1) Every public agency included in the agreement shall withhold from wages and salaries paid by it to officers and employees covered by the agreement, and remit to the retirement board, that portion required to be withheld from the salaries and wages of employees under the provisions of section 3101 of the federal Internal Revenue Code of 1954 and amendments thereto as required by section 218(e) of title 2 of the federal Social Security Act.

�� (2) The provisions of subsection (1) of this section requiring remission to the retirement board of amounts withheld from wages and salaries apply only to amounts withheld from wages and salaries that were paid on or before December 31, 1986. Amounts withheld from wages and salaries that were paid after December 31, 1986, shall be remitted to the Internal Revenue Service. [Amended by 1981 c.849 �1; 1991 c.813 �10]

�� 237.465 Employees required to contribute. All employees of the state, all employees of the school districts of the state and all employees of political subdivisions of the state subject to the agreement for Old Age and Survivors Insurance coverage, other than employees specifically excluded by that agreement, shall make contributions for such coverage as required by ORS 237.460. [1955 c.278 �2]

�� 237.470 Retirement board to promulgate regulations. The Public Employees Retirement Board shall promulgate regulations, not inconsistent with ORS 237.410 to 237.510, necessary to provide proper procedures to assure conformity with section 218 of title 2 of the federal Social Security Act and amendments thereto, and federal regulations adopted pursuant thereto. Such regulations shall include provisions governing application procedures, requiring an applicant to present proof satisfactory to the board of its ability to discharge its obligations under ORS

ORS 24.105

24.105 to 24.125, 24.135 and 24.155 to 24.175, except a judgment, decree or order of a court of the United States, shall issue until five days after the date the judgment and affidavit or declaration required in subsection (1) of this section are filed. [1979 c.577 �3; 1985 c.343 �6; 1987 c.873 �25; 1989 c.768 �8; 1997 c.872 �7; 2003 c.576 �168; 2025 c.256 �12]

�� 24.129 Certification of filing in single court; filing of certified copy or lien record abstract for other counties. At the time of filing of any foreign judgment as provided in ORS 24.115, the judgment creditor shall certify that the judgment creditor is filing such judgment in only one court in Oregon. Thereafter, a certified copy of the judgment or a lien record abstract may be recorded in the County Clerk Lien Record of any other county in this state as provided in ORS 18.152. [1985 c.343 �9; 1987 c.586 �15; 2003 c.576 �574]

�� 24.130 [1955 c.647 �13; repealed by 1979 c.577 �8]

�� 24.135 Grounds for staying enforcement of judgment; security for satisfaction of judgment; fees. (1) If the judgment debtor shows the court of any county that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.

�� (2) If the judgment debtor shows the court of any county any ground upon which enforcement of a judgment of any court of any county of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state.

�� (3) Any person making an appearance in proceedings related to foreign judgments filed under ORS 24.115, including a judgment debtor filing a proceeding seeking a stay of judgment under this section or otherwise seeking relief from enforcement of the judgment, must pay a filing fee of $190. [1979 c.577 �4; 2011 c.595 �33; 2017 c.663 �7a; 2019 c.605 �8]

�� 24.140 Interest and costs. When a registered foreign judgment becomes a final judgment of this state, the court shall include as part of the judgment interest payable on the foreign judgment under the law of the state in which it was rendered, and the cost of obtaining the authenticated copy of the original judgment. The court shall include as part of its judgment court costs incidental to the proceeding in accordance with the law of this state and the costs of recording documents as permitted by statute. [1955 c.647 �14; 1987 c.586 �16]

�� 24.150 Satisfaction of judgment; filing. Satisfaction, either partial or complete, of the original judgment or of a judgment entered thereupon in any other state shall operate to the same extent as satisfaction of the judgment in this state, except as to costs authorized by ORS 24.140. When such judgment in this state has been satisfied, including costs authorized by ORS 24.140, it shall be the responsibility of the judgment creditor to provide an executed satisfaction to this judgment debtor. The judgment debtor may file the satisfaction in the records of the court in which the judgment was originally filed in this state, and may record the satisfaction in every county in this state in which a certified copy of the judgment or a lien record abstract has been recorded. [1955 c.647 �15; 1985 c.343 �7; 1987 c.586 �17]

�� 24.155 Optional procedure. The right of a judgment creditor to bring an action to enforce the judgment instead of proceeding under ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175 remains unimpaired. [1979 c.577 �5]

�� 24.160 [1955 c.647 �16; repealed by 1979 c.577 �8]

�� 24.165 Construction of ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175. ORS 24.105 to 24.125, 24.135 and

ORS 24.125

24.125, 24.129, 24.135, 24.140, 24.150 and 24.155 do not apply to a foreign restraining order.

�� (6) A person protected by a foreign restraining order, or a person acting on behalf of a person protected by a foreign restraining order, may file a certified copy of the order and proof of service in the office of the clerk of any circuit court of any county of this state. A judgment or order filed under this subsection has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating or staying as a judgment or order of the circuit court in which the foreign judgment or order is filed, and may be enforced or satisfied in like manner. The court may not collect a filing fee for a filing under this subsection.

�� (7) This state or a local governmental agency, or a law enforcement officer, prosecuting attorney, clerk of the court or any state or local governmental official acting in an official capacity, is immune from civil and criminal liability for an act arising out of the registration, entry or enforcement of a foreign restraining order or the detention or arrest of an alleged violator of a foreign restraining order if the act was done in good faith and without malice in an effort to comply with state and federal law. [1999 c.250 �1; 2003 c.737 ��74,75; 2011 c.595 �117; 2021 c.326 �2]

�� 24.200 [1977 c.61 �1; 1991 c.67 �3; repealed by 2009 c.48 �14]

�� 24.210 [1977 c.61 �7; repealed by 2009 c.48 �14]

�� 24.220 [1977 c.61 ��2,3,4; 2003 c.281 �2; repealed by 2009 c.48 �14]

�� 24.230 [1977 c.61 �6; repealed by 2009 c.48 �14]

�� 24.240 [1977 c.61 �5; repealed by 2009 c.48 �14]

�� 24.250 [1977 c.61 �8; repealed by 2009 c.48 �14]

�� 24.255 [1977 c.61 �9; repealed by 2009 c.48 �14]

UNIFORM FOREIGN-MONEY CLAIMS ACT

�� 24.260 Definitions for ORS 24.260 to 24.335. For the purposes of ORS 24.260 to 24.335:

�� (1) �Action� means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim.

�� (2) �Bank-offered spot rate� means the spot rate of exchange at which a bank will sell foreign money at a spot rate.

�� (3) �Conversion date� means the banking day next preceding the date on which money, in accordance with ORS 24.260 to 24.335, is:

�� (a) Paid to a claimant in an action or distribution proceeding;

�� (b) Paid to the official designated by law to enforce a judgment or award on behalf of a claimant; or

�� (c) Used to recoup, setoff or counterclaim in different moneys in an action or distribution proceeding.

�� (4) �Distribution proceeding� means a judicial or nonjudicial proceeding for the distribution of a fund in which one or more foreign-money claims is asserted and includes an accounting, an assignment for the benefit of creditors, a foreclosure, the liquidation or rehabilitation of a corporation or other entity, and the distribution of an estate, trust or other fund.

�� (5) �Foreign money� means money other than money of the United States of America.

�� (6) �Foreign-money claim� means a claim upon an obligation to pay, or a claim for recovery of a loss, expressed in or measured by a foreign money.

�� (7) �Money� means a medium of exchange for the payment of obligations or a store of value authorized or adopted by a government or by intergovernmental agreement.

�� (8) �Money of the claim� means the money determined as proper pursuant to ORS 24.275.

�� (9) �Person� means an individual, a corporation, government or governmental subdivision or agency, business trust, joint venture, partnership, association, two or more persons having a joint or common interest or any other legal or commercial entity.

�� (10) �Rate of exchange� means the rate at which money of one country may be converted into money of another country in a free financial market convenient to or reasonably usable by a person obligated to pay or to state a rate of conversion. If separate rates of exchange apply to different kinds of transactions, the term means the rate applicable to the particular transaction giving rise to the foreign-money claim.

�� (11) �Spot rate� means the rate of exchange at which foreign money is sold by a bank or other dealer in foreign exchange for immediate or next day availability or for settlement by immediate payment in cash or equivalent, by charge to an account, or by an agreed delayed settlement not exceeding two days.

�� (12) �State� means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a territory or insular possession subject to the jurisdiction of the United States. [1991 c.202 �2; 2009 c.294 �1]

�� 24.265 Scope of application of ORS 24.260 to 24.335. (1) ORS 24.260 to 24.335 apply only to a foreign-money claim in an action or distribution proceeding.

�� (2) ORS 24.260 to

ORS 24.500

24.500�� Certain laws of other states contrary to public policy; prohibitions on issuance of foreign subpoenas

�� 24.010 [1955 c.647 �1; repealed by 1979 c.577 �8]

�� 24.020 [1955 c.647 �2; repealed by 1979 c.577 �8]

�� 24.030 [1955 c.647 �3; repealed by 1979 c.577 �8]

�� 24.040 [1955 c.647 �4; repealed by 1979 c.577 �8]

�� 24.050 [1955 c.647 �5; repealed by 1979 c.577 �8]

�� 24.060 [1955 c.647 �6; repealed by 1979 c.577 �8]

�� 24.070 [1955 c.647 �7; repealed by 1979 c.577 �8]

�� 24.080 [1955 c.647 �8; repealed by 1979 c.577 �8]

�� 24.090 [1955 c.647 �9; repealed by 1979 c.577 �8]

�� 24.100 [1955 c.647 �10; repealed by 1979 c.577 �8]

UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT

�� 24.105 Definition for ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175. In ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175, �foreign judgment� means:

�� (1) Any judgment, decree or order of a court of the United States or of any other court which is entitled to full faith and credit in this state; and

�� (2) Any judgment, decree or order of a tribal court of a federally recognized Indian tribe, except when another Oregon statute provides a different process to enforce a tribal judgment, decree or order, or as provided in ORS 426.180. [1979 c.577 �1; 2021 c.326 �1]

�� 24.110 [1955 c.647 �11; repealed by 1979 c.577 �8]

�� 24.115 Filing of foreign judgment; fees; effect. (1) A copy of any foreign judgment authenticated in accordance with the Act of Congress or the statutes of this state may be filed in the office of the clerk of any circuit court of any county of this state. Except as otherwise provided by law, the person filing the copy of the foreign judgment must pay a filing fee of $190. The clerk shall treat the foreign judgment in the same manner as a judgment of the circuit court.

�� (2) A certified copy of any foreign judgment authenticated in accordance with the Act of Congress or the statutes of this state shall be recorded in the County Clerk Lien Record of any county other than the county in which the judgment is originally filed, in order to become a lien upon the real property of the judgment debtor in that county as provided in ORS 18.152.

�� (3) A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating or staying as a judgment of the circuit court in which the foreign judgment is filed, and may be enforced or satisfied in like manner.

�� (4) A foreign judgment of a tribal court of a federally recognized Indian tribe that is filed in a circuit court under this section, and that otherwise complies with 26 U.S.C. 414(p) as a domestic relations order as defined in 26 U.S.C. 414(p), is a domestic relations order made pursuant to the domestic relations laws of this state for the purposes of 26 U.S.C. 414(p). [1979 c.577 �2; 1985 c.343 �5; 1987 c.586 �14; 1995 c.273 �13; 2003 c.576 �180; 2007 c.663 �1; 2011 c.595 �32; 2019 c.605 �7]

�� 24.120 [1955 c.647 �12; repealed by 1979 c.577 �8]

�� 24.125 Notice of filing of judgment; delay in enforcement. (1) At the time of the filing of the foreign judgment, the judgment creditor or the creditor�s lawyer shall make and file with the clerk of the court an affidavit or declaration under penalty of perjury in the form required by ORCP 1 E setting forth the names and last-known post-office addresses of the judgment debtor and the judgment creditor, together with the information required to be contained in a judgment under ORS 18.042.

�� (2) Promptly after filing the foreign judgment and the affidavit or declaration, the judgment creditor must mail notice of the filing of the foreign judgment to the judgment debtor. The notice shall include the name and post-office address of the judgment creditor and the judgment creditor�s lawyer, if any, in this state. The judgment creditor must file with the court proof of mailing the notice.

�� (3) No execution or other process for enforcement of a foreign judgment filed pursuant to ORS

ORS 243.672

243.672.

�� (b) A public employer that makes unauthorized deductions or a labor organization that receives payment in violation of the requirements of this section is liable to the public employee for actual damages in an amount not to exceed the amount of the unauthorized deductions. [2019 c.429 �6; 2025 c.270 �2]

CONDUCT AND DISCIPLINE OF LAW ENFORCEMENT OFFICERS

�� 243.808 Arbitration concerning alleged misconduct by law enforcement officer. (1) For purposes of an arbitration proceeding under ORS 243.706 concerning alleged misconduct by a law enforcement officer:

�� (a) A law enforcement agency or, if applicable, a civilian or community oversight board, agency or review body, has the burden of proof by a preponderance of the evidence to show that:

�� (A) The officer engaged in the alleged misconduct; and

�� (B) Any disciplinary action taken against the officer was with just cause, as defined in ORS 236.350.

�� (b) In determining the reasonableness of a disciplinary action imposed by a law enforcement agency or a civilian or community oversight board, agency or review body, including whether the level of discipline is appropriate, an arbitrator shall uphold the disciplinary action unless the arbitrator finds that the disciplinary action is arbitrary and capricious.

�� (c) When the imposed disciplinary action is termination of employment, an arbitrator may not set aside or reduce the imposed disciplinary action if setting aside or reducing the disciplinary action is inconsistent with the public interest in maintaining community trust, enforcing a higher standard of conduct for law enforcement officers and ensuring an accountable, fair and just disciplinary process.

�� (2)(a) Notwithstanding ORS 243.706 (1), and subject to paragraph (b) of this subsection, in carrying out an arbitration proceeding described under ORS

ORS 25.080

25.080 shall provide notice of the presumption to the obligee and obligor and shall inform all parties to the support order that, unless a party objects as provided in subsection (4) of this section, child support shall cease accruing beginning with the first day of the first month that follows the obligor becoming incarcerated for a period of at least 180 consecutive days and continuing through the support payment due in the last month prior to the reinstatement of the support order as provided in subsection (8) of this section. The entity shall serve the notice on the obligee in the manner provided for the service of summons in a civil action, by certified mail, return receipt requested, or by any other mail service with delivery confirmation and shall serve the notice to the obligor by regular first class mail to the obligor�s last-known address or, if authorized by the obligor, by electronic mail or other electronic delivery method described by the administrator by rule. The notice must specify the month in which the obligor became incarcerated and must contain a statement that the administrator represents the state and that low-cost legal counsel may be available.

�� (4) Before the support order is suspended, a party may object to the presumption by sending an objection to the entity that served the notice under subsection (3) of this section within 30 days after the date of service of the notice. The objection must describe the resources of the obligor or other evidence that rebuts the presumption of inability to pay child support. The entity receiving the objection shall cause the case to be set for a hearing before a court or an administrative law judge. The court or administrative law judge may consider only whether the presumption has been rebutted.

�� (5) If no objection is made under subsection (4) of this section, or if the court or administrative law judge finds that the presumption has not been rebutted, the administrator shall discontinue billing the obligor for the period of time described in subsection (3) of this section and no arrearage shall accrue for the period during which the obligor is not billed. In addition, the entity providing child support services shall file with the circuit court in which the support order or judgment has been entered a copy of the notice described in subsection (3) of this section or, if an objection is made and the presumption is not rebutted, a copy of the court�s or administrative law judge�s order.

�� (6) After the suspension of a support order, a party may object to the presumption of inability to pay by sending an objection to the entity that served the notice under subsection (3) of this section. The objection must describe the evidence of ability to pay that was not available at the time the order was suspended. The entity receiving the objection shall cause the case to be set for a hearing before a court or an administrative law judge. The court or administrative law judge may consider only whether the presumption has been rebutted. In making the determination, the court or administrative law judge shall consider any evidence presented by a party of the expenses an obligor will incur reintegrating into society following release from incarceration.

�� (7) If an objection is made under subsection (6) of this section and the court or administrative law judge finds that the presumption has been rebutted, the support order will be reinstated at 50 percent of the previously ordered support amount on the first day of the first month following the finding by the court or administrative law judge.

�� (8) An order that has been suspended as provided in subsection (3) of this section will automatically be reinstated at 50 percent of the previously ordered support amount on the first day of the first month that follows the 120th day after the obligor�s release from incarceration.

�� (9)(a) Within 30 days following reinstatement of the order pursuant to subsection (8) of this section, the administrator shall provide notice to all parties to the support order:

�� (A) Specifying the last date on which the obligor was incarcerated;

�� (B) Stating that by operation of law, billing and accrual of support resumed on the first day of the first month that follows the 120th day after the obligor�s release from incarceration; and

�� (C) Informing the parties that the administrator will review the support order for purposes of modification of the support order as provided in subsection (10) of this section within 60 days following reinstatement of the order.

�� (b) The notice must include a statement that the administrator represents the state and that low-cost legal counsel may be available.

�� (c) The entity providing child support services shall file a copy of the notice required by paragraph (a) of this subsection with the circuit court in which the support order or judgment has been entered.

�� (10) Within 60 days of the reinstatement under subsection (7) or (8) of this section, the administrator shall review the support order for purposes of modifying the support order. Reinstatement of support after an order has been suspended under this section is considered a substantial change of circumstances for purposes of child support modification proceedings.

�� (11) Proof of incarceration for at least 180 consecutive days is sufficient cause for the administrator, court or administrative law judge to allow a credit and satisfaction against child support arrearages for each month that the obligor was incarcerated or that is within 120 days following the obligor�s release from incarceration unless the presumption of inability to pay has been rebutted.

�� (12) Orders modified to zero prior to January 1, 2018, remain in force with reinstatement at the full amount ordered by the court occurring 61 days after release. Such orders are not subject to suspension and reinstatement as provided in this section.

�� (13) The provisions of subsections (1) and (11) of this section apply regardless of whether child support services are being provided under Title IV-D of the Social Security Act.

�� (14) The Department of Justice shall adopt rules to implement this section.

�� (15) As used in this section, �support order� means a judgment or administrative order that creates child support rights and that is entered or issued under ORS 419B.400 or this chapter or ORS chapter 107, 108, 109 or 110. [2017 c.464 �2; 2019 c.291 �7; 2021 c.500 �1; 2021 c.597 �49; 2025 c.99 �20]

�� 25.250 [1987 c.427 �1; repealed by 1993 c.798 �21]

�� 25.255 [1989 c.812 �2; 1991 c.67 �4; 1991 c.519 �2; 1993 c.33 �286; 1993 c.800 �1; 1995 c.506 ��12,12a; 1999 c.80 �10; 2003 c.73 �24a; 2003 c.75 �74; repealed by 2003 c.637 �14]

�� 25.260 Confidentiality of records; rules. (1) Unless otherwise authorized by law, child support records, including data contained in the Oregon Child Support Program�s automated system, are confidential and may be disclosed or used only as necessary for the administration of the program.

�� (2) In administering the Oregon Child Support Program, the program may:

�� (a) In accordance with rules adopted under subsection (6) of this section, report abuse as defined in ORS 419B.005 if the abuse is discovered while providing program services.

�� (b) Extract and exchange information from other databases as necessary to carry out the program�s responsibilities under state and federal law.

�� (3) The program may compare and share information with public and private entities as necessary to carry out the program�s responsibilities under state and federal law.

�� (4) The program may exchange information with state agencies administering the following programs as necessary for the Oregon Child Support Program and the state agencies to perform their responsibilities under state and federal law:

�� (a) Programs funded under Title IV, XIX or XXI of the Social Security Act; and

�� (b) The Supplemental Nutrition Assistance Program under ORS 411.806 to 411.845.

�� (5) In addition to any penalty to which an individual may be subject under ORS 25.990, an employee of the Department of Justice, of a district attorney or of the Department of Human Services who discloses or uses the contents of any records in violation of subsection (1) of this section is subject to discipline, up to and including dismissal from employment.

�� (6) The Department of Justice shall adopt rules consistent with federal regulations governing confidentiality of Oregon Child Support Program information. [1989 c.812 �3(1); 1991 c.758 �2; 1995 c.609 �7; 1999 c.80 �72; 2003 c.450 �1; 2005 c.22 �16; 2019 c.291 �8; 2025 c.99 �21]

�� 25.265 Access to information in Federal Parent Locator Service; rules. The Department of Justice shall adopt rules establishing a procedure by which a person authorized under federal law may access information in the Federal Parent Locator Service. [1997 c.746 �22a; 2003 c.73 �25]

�� Note: 25.265 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 25 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

FORMULA FOR DETERMINING AMOUNT OF CHILD SUPPORT

�� 25.270 Legislative findings. The Legislative Assembly finds that:

�� (1) The federal Family Support Act of 1988 mandates that the state must establish a formula for child support award amounts that is applicable in any judicial or administrative proceeding for the award of child support.

�� (2) It is further mandated that the amount of child support determined by the formula must be presumed to be the correct amount unless rebutted by a specific finding on the record that the application of the formula would be unjust or inappropriate in the particular case as determined under criteria established by the state.

�� (3) It is also mandated that the formula is to be reviewed at least once every four years to ensure that the application of the formula results in appropriate child support awards.

�� (4) There is a need for uniformity in child support awards, and child support awards often are based upon noneconomic factors and are inadequate in terms of the needs of the child.

�� (5) The Division of Child Support of the Department of Justice is the appropriate agency to establish the required formula. [1989 c.811 �2; 2025 c.99 �22]

�� 25.275 Formula for determining child support awards; criteria to be considered; mandated standards; reduction; rules. (1) The Division of Child Support of the Department of Justice shall establish by rule a formula for determining child support awards in any judicial or administrative proceeding. In establishing the formula, the division shall take into consideration the following criteria:

�� (a) All earnings, income and resources of each parent, including real and personal property;

�� (b) The earnings history and potential of each parent;

�� (c) The reasonable necessities of each parent;

�� (d) The ability of each parent to borrow;

�� (e) The educational, physical and emotional needs of the child for whom the support is sought;

�� (f) The amount of assistance that would be paid to the child under the full standard of need of the state�s IV-A plan;

�� (g) Preexisting support orders and current dependents; and

�� (h) Other reasonable criteria that the division may find to be appropriate.

�� (2) The formula described in subsection (1) of this section must also comply with the following standards:

�� (a) The child is entitled to benefit from the income of both parents to the same extent that the child would have benefited had the family unit remained intact or if there had been an intact family unit consisting of both parents and the child.

�� (b) Both parents should share in the costs of supporting the child in the same proportion as each parent�s income bears to the combined income of both parents.

�� (3) The formula described in subsection (1) of this section must be designed to ensure, as a minimum, that the child for whom support is sought benefits from the income and resources of the absent parent on an equitable basis in comparison with any other minor children of the absent parent.

�� (4) The child support obligation to be paid by the obligor and determined under the formula described in subsection (1) of this section:

�� (a) May be reduced or increased in consideration of medical support, as provided in ORS

ORS 25.313

25.313]

�� 25.396 Exception to withholding; termination of withholding; rules. (1) When a court or the administrator enters or modifies a support order, the court or administrator may grant an exception to income withholding required under ORS 25.378 if the court or administrator makes a written finding that there is good cause not to require income withholding. Good cause exists when there is proof of timely payment of previously ordered support and when initiating or continuing income withholding would not be in the best interests of the child.

�� (2) The court or administrator may grant an exception to income withholding required under ORS

ORS 250.155

250.155 makes ORS 250.165 to 250.235 inapplicable to a county or if ORS 250.255 makes ORS 250.265 to 250.346 inapplicable to a city, the requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition under the county or city charter or an ordinance adopted under the county or city charter.

�� (6) An election under this section shall be conducted under ORS chapters 246 to 260, and:

�� (a) In the case of a city, must be held on a date specified in ORS 221.230.

�� (b) In the case of a county, must be held on a date specified in ORS 203.085.

�� (7) If the electors voting at the election favor the functioning of the housing authority, the governing body shall declare that there is need for such housing authority to function.

�� (8) The question of need shall not again be submitted at any election within one year immediately following the election at which the question was voted upon. [Amended by 1983 c.350 �275]

�� 456.085 Adopting resolution declaring need for authority. The governing body shall adopt a resolution declaring that there is need for a housing authority in the city or county, if it finds that there exists a need for additional safe, decent and sanitary affordable housing for persons or families of lower income. [Amended by 1973 c.672 �5; 1995 c.445 �5]

�� 456.090 Sufficiency of resolution; copy as evidence. (1) In any suit, action or proceeding involving the validity or enforcement of or relating to any contract of authority, the authority is conclusively deemed to have become established and authorized to transact business and exercise its powers upon proof of the adoption of a resolution by the governing body declaring the need for the authority. The resolution is deemed sufficient if it declares that there is a need for an authority and finds that the condition described in ORS 456.085 exists in the city or county, in substantially the terms used in that subsection, no further detail being necessary.

�� (2) A copy of such resolution duly certified by the clerk shall be admissible in evidence in any suit, action or proceeding. [Amended by 1995 c.445 �15]

�� 456.095 Appointment and qualification of commissioners of housing authorities. (1) When the governing body of a city or county adopts a resolution pursuant to ORS 456.085, the governing body may then elect to have the powers of a housing authority under ORS 456.055 to

ORS 251.245

251.245 submitted by the Legislative Assembly, provided that any translation filed under this paragraph is in one of the 10 most commonly spoken languages in this state or of any county in which the measure will be voted on, other than English, as listed by the Secretary of State under ORS 251.167.

�� (4)(a) A translation that is permitted or required under this section is not required to be identical in words to the original version but must be consistent with the meaning of the original version.

�� (b) A translation is not subject to any limitations on the number of words allowed set forth in this chapter.

�� (5) A county may at its own expense make or accept for publication on the county�s website, as part of a translated voters� pamphlet required under ORS 251.167, any portion of a state or county voters� pamphlet that is not described in this section.

�� (6) The Secretary of State:

�� (a) May adopt any rules necessary to implement this section; and

�� (b) Except as provided in subsection (5) of this section, is responsible for all costs necessary to comply with this section.

�� (7) As used in this section, �statewide office� means Governor, Secretary of State, State Treasurer, Attorney General, Commissioner of the Bureau of Labor and Industries, or judge on the Oregon Supreme Court, the Oregon Court of Appeals or the Oregon Tax Court. [2021 c.464 �3; 2024 c.55 �3; 2024 c.56 �1; 2025 c.467 �1]

�� 251.173 Translation Advisory Council; membership; compensation; duties. (1)(a) The Translation Advisory Council is established. The council shall consist of five at-large members and at least one translator member for each of the 10 most commonly spoken languages in this state, other than English, and for each language in each county that the Secretary of State reasonably anticipates a voters� pamphlet at the next election will be required to be translated into under ORS 251.167. The secretary may appoint more than one translator member for languages that are more commonly spoken throughout this state. Members shall be appointed by and serve at the pleasure of the secretary.

�� (b) The term of a member of the council is two years. A member may be reappointed twice and may not serve more than a total of six years. Before the expiration of the term of a member, the Secretary of State shall appoint a successor or reappoint the member. If there is a vacancy for any cause, the secretary shall make an appointment to be immediately effective.

�� (c) The Secretary of State shall ensure, to the extent practicable, that members appointed to the council are geographically diverse and reside in counties throughout this state. Prior to appointing each translator member, the secretary shall confer with, and seek recommendations from, the board of county commissioners for each county in which the secretary reasonably anticipates a voters� pamphlet will be required to be translated into the language for which the translator member is appointed.

�� (d) To qualify to be appointed as a translator member, a translator member must be proficient in reading and writing in English and in the translated language for which the translator member is appointed. A translator member may demonstrate proficiency by providing:

�� (A) Proof of being certified as an interpreter by a public body of this state for the translated language;

�� (B) Proof of holding a bachelor�s degree or higher in the translated language;

�� (C) At least one example of a written translation of the translated language that the translator member conducted as part of the translator member�s job duties or contracted services; or

�� (D) Proof of volunteer experience in translating the translated language with a nonprofit organization, educational institution, social service agency or public body.

�� (2)(a) Members of the council shall elect at least one chairperson of the council but may elect two co-chairpersons of the council.

�� (b) A majority of the members of the council constitutes a quorum for the transaction of business.

�� (c) The council shall meet at least once every calendar year. To the extent practicable, the council shall meet by telephone or video conference but may meet in person.

�� (d) The members of the council are entitled to compensation and expenses in the manner and amounts provided for in ORS 292.495.

�� (e) The Secretary of State shall provide clerical and other necessary support services to the council.

�� (3) The Secretary of State shall consult with the council and to the maximum extent practicable implement recommendations for ensuring that a translation of a voters� pamphlet required under ORS 251.167 is:

�� (a) Conducted with professionalism and by a clear process with review;

�� (b) Culturally responsive and based in the context of a particular community being served by the translation;

�� (c) As accurate in context and sentence structure as the original version; and

�� (d) Held to the same standards as, but not subject to a higher scrutiny than, the original version. [2021 c.464 �7; 2024 c.55 �4]

�� 251.175 Distribution of pamphlet; rules for nonstatewide special elections. (1) Except as provided in subsection (2) of this section, not later than the 20th day before a primary election, general election or special election for which a voters� pamphlet has been prepared, the Secretary of State shall cause the voters� pamphlet to be mailed to each post-office mailing address in Oregon, and shall use any additional means of distribution necessary to make the pamphlet available to electors.

�� (2) For any special election described in ORS 251.022 that is not held statewide, or for any other state special election that is not held statewide, the Secretary of State by rule may prescribe methods for distributing the voters� pamphlet prepared for the election. The rule shall require the secretary to mail the pamphlet to at least each elector whose registration is determined to be active on the 21st day before the date of the election and who is eligible to vote in the election. The rule may specify other methods of distribution. Voters� pamphlets prepared for the election shall be mailed not later than the date ballots are mailed to electors as provided in ORS 254.470. [1979 c.190 �187; 1987 c.267 �29; 1995 c.712 �40; 1999 c.318 �15; 1999 c.1002 �8; 2007 c.154 �12]

STATE INITIATIVE AND REFERENDUM PAMPHLET

�� 251.185 Measures, estimates, statements and arguments included in voters� pamphlet; county and metropolitan service district measures; community college measures relating to bonding. (1) The Secretary of State shall have printed in the voters� pamphlet for a general election or any special election a copy of the title and text of each state measure to be submitted to the people at the election for which the pamphlet was prepared. The pamphlet must include the procedures for filing a complaint under ORS 260.345. Each measure shall be printed in the pamphlet with:

�� (a) The number and ballot title of the measure;

�� (b) The financial estimates and any statement prepared for the measure under ORS 250.125;

�� (c) The explanatory statement prepared for the measure;

�� (d) Arguments relating to the measure and filed with the Secretary of State;

�� (e) Any racial and ethnic impact statement prepared for the measure under ORS 137.685; and

�� (f) Any statement submitted for the measure by a citizen panel under ORS 250.141.

�� (2) A community college district measure relating to bonding, a county measure or a measure of a metropolitan service district organized under ORS chapter 268, and the ballot title, explanatory statement and arguments relating to the measure, filed by the county, metropolitan service district or community college district under ORS

ORS 254.650

254.650, a vacancy in the nomination of a major political party candidate may be filled before the date of the general election by that political party in a manner prescribed by party rule.

�� (2) Immediately after selecting a new nominee, the party, by the most expeditious means practicable, shall notify the filing officer with whom a declaration of candidacy for the office is filed of the name of the nominee.

�� (3) If the filing officer with whom a declaration of candidacy for the office is filed determines that the candidate who has been nominated by a major political party is ineligible to be elected to the office, the officer shall declare the nomination vacant and the political party shall select another candidate to fill the vacancy in the nomination as provided under this section.

�� (4) The Secretary of State by rule may adopt a schedule specifying the period following a vacancy within which a major political party must notify the filing officer of the name of the new nominee. [1979 c.190 �122; 1985 c.808 �15; 2003 c.542 �23; 2009 c.511 �6]

�� 249.200 Nomination by major party to fill vacancy in partisan office; exceptions; rules. (1) A major political party may nominate a candidate to fill a vacancy in a partisan elective office in the following manner:

�� (a) If the vacancy occurs on or before the 70th day before a nominating election, by selecting a nominee at the next nominating election; or

�� (b) If the vacancy occurs after the 70th day before the nominating election and on or before the 62nd day before the general election, by selecting a nominee as provided by party rule.

�� (2) The procedure under subsection (1) of this section shall not apply in any case in which one of the following specific procedures for filling a vacancy applies:

�� (a) The procedure specified in ORS 188.120 for the offices of Representative in Congress and United States Senator.

�� (b) The appointment procedure specified in ORS 171.051 to 171.064 for state legislative office.

�� (c) The procedure specified in ORS chapter 236 for county office.

�� (d) The procedure specified in ORS chapter 221 for city office.

�� (3) A party that selects a nominee under subsection (1)(b) of this section, immediately after the nomination, shall notify the filing officer with whom a declaration of candidacy for the office is filed of the name of the nominee by the most expeditious means practicable.

�� (4) The Secretary of State by rule may adopt a schedule specifying the period following a vacancy within which a major political party that selects a nominee under subsection (1)(b) of this section must notify the filing officer of the name of the nominee under subsection (3) of this section. [1979 c.190 �123; 1985 c.586 �3; 1985 c.808 �16; 1987 c.267 �22; 1987 c.380 �4; 1987 c.549 �5; 1995 c.607 �17; 1995 c.712 �31; 2018 c.70 �7]

�� 249.205 Filling vacancy in nomination to nonpartisan office; nomination procedure to fill vacancy in nonpartisan office; rules. (1) If the only candidate nominated to a nonpartisan office dies, withdraws or becomes ineligible, or if a vacancy occurs in the nonpartisan office after the 70th day before the nominating election and on or before the 62nd day before the general election, a candidate for the office may file a declaration of candidacy in the manner provided for nonpartisan office or shall be nominated by nominating petition in the manner provided for nonpartisan office.

�� (2) The Secretary of State by rule may adopt a schedule for filing nominating petitions or declarations of candidacy under this section. The schedule may specify the period within which nominating petitions or declarations of candidacy must be filed after a vacancy occurs. [Formerly 252.060; 1981 c.173 �25; 1983 c.7 �2; 1983 c.567 �8; 1985 c.808 �17; 1995 c.607 �18; 1999 c.318 �4]

�� 249.210 [Amended by 1957 c.608 �76; 1975 c.675 �14; 1975 c.779 �20a; repealed by 1979 c.190 �431]

�� 249.215 Filling vacancy in state office at general election; remaining term of office. (1) If a vacancy occurs in a state office before the 61st day before the first general election to be held during that term of office, the remaining two years of the term of the state office shall be filled by the electors at that general election.

�� (2) The remaining two years of the term of the state office shall commence on the second Monday in January following the general election. Any appointment made to fill the vacancy shall expire when a successor to the office is elected and qualified.

�� (3) Candidates for the remaining two years of the term of the state office under this section shall be nominated as provided in this chapter, with major political parties following the procedure set forth in ORS 249.200, except as follows:

�� (a) A minor political party, by party rule, or an assembly of electors or individual electors, may select a nominee; and

�� (b) The Secretary of State shall accept certificates of nomination and notifications of nominees filed with the secretary pursuant to a schedule for filing set by the secretary, but in any case not later than the 62nd day before the first general election.

�� (4) As used in this section, �state office� means the office of Governor, Secretary of State, State Treasurer, Attorney General and Commissioner of the Bureau of Labor and Industries. [2009 c.511 �22; 2011 c.731 �12; 2018 c.86 �2]

�� 249.220 [Repealed by 1957 c.608 �231]

�� 249.221 [1957 c.608 �78; 1961 c.336 �2; 1961 c.667 �6; 1969 c.245 �2; 1975 c.779 �21; repealed by 1979 c.190 �431]

�� 249.230 [Repealed by 1957 c.608 �231]

�� 249.240 [Repealed by 1957 c.608 �231]

�� 249.250 [Repealed by 1957 c.608 �231]

�� 249.260 [Amended by 1957 c.608 �79; 1971 c.749 �78; repealed by 1979 c.190 �431]

�� 249.270 [Repealed by 1957 c.608 �231]

�� 249.271 [1957 c.608 �80; 1973 c.152 �1; 1975 c.779 �22; 1977 c.665 �9; 1979 c.190 �110; renumbered 249.056]

�� 249.280 [Amended by 1957 c.608 �81; 1961 c.76 �1; renumbered 249.150]

�� 249.310 [Repealed by 1979 c.190 �431]

�� 249.320 [Amended by 1957 c.608 �87; repealed by 1979 c.190 �431]

�� 249.330 [Amended by 1955 c.726 �7; repealed by 1957 c.608 �231]

�� 249.340 [Amended by 1965 c.417 �1; repealed by 1979 c.190 �431]

�� 249.350 [Amended by 1957 c.608 �88; 1961 c.121 �2; repealed by 1979 c.190 �431]

�� 249.352 [Formerly 249.530; 1961 c.121 �3; repealed by 1979 c.190 �431]

�� 249.354 [Formerly 249.550; 1963 c.174 �1; subsection (7) enacted as 1967 c.26 �2; 1969 c.245 �3; 1973 c.154 �2; 1975 c.779 �23; 1977 c.508 �5; 1979 c.190 �235; 1979 c.409 �1; renumbered 254.115]

�� 249.356 [1957 c.608 �103; 1961 c.68 �1; 1975 c.675 �15; repealed by 1979 c.190 �431]

�� 249.358 [Formerly 249.540; 1961 c.74 �1; 1967 c.340 �1; repealed by 1979 c.190 �431]

�� 249.360 [Repealed by 1957 c.608 �231]

�� 249.362 [Formerly 249.570; 1979 c.190 �239; renumbered 254.155]

�� 249.364 [Formerly 249.580; 1979 c.190 �388; renumbered 260.675]

�� 249.366 [Formerly 249.510; 1979 c.190 �259; renumbered 254.365]

�� 249.367 [1969 c.101 �3; 1977 c.829 �7; repealed by 1979 c.190 �431]

�� 249.368 [Formerly 249.600; 1959 c.390 �1; 1961 c.170 �1; 1969 c.101 �1; repealed by 1979 c.190 �431]

�� 249.369 [1957 c.608 �107; 1961 c.114 �10; 1977 c.352 �3; repealed by 1979 c.190 �431]

�� 249.370 [Amended by 1957 c.608 �89; repealed by 1979 c.190 �431]

�� 249.375 [1963 c.345 ��2,3; repealed by 1979 c.190 �431]

�� 249.380 [Amended by 1957 c.608 �90; 1961 c.139 �1; repealed by 1979 c.190 �431]

�� 249.385 [1963 c.337 �2; repealed by 1979 c.190 �431]

�� 249.390 [Repealed by 1957 c.608 �231]

�� 249.400 [Amended by 1955 c.498 �12; repealed by 1957 c.608 �231]

�� 249.410 [Amended by 1957 c.608 �91; repealed by 1979 c.190 �431]

�� 249.420 [Amended by 1957 c.608 �92; 1979 c.190 �109; renumbered 249.048]

�� 249.430 [Amended by 1957 c.608 �93; repealed by 1979 c.190 �431]

�� 249.440 [Amended by 1957 c.608 �94; repealed by 1979 c.190 �431]

�� 249.450 [Amended by 1957 c.608 �95; repealed by 1979 c.190 �431]

�� 249.460 [Amended by 1957 c.608 �96; 1969 c.81 �1; 1975 c.675 �16; repealed by 1979 c.190 �431]

�� 249.470 [Amended by 1957 c.608 �97; 1975 c.675 �17; repealed by 1979 c.190 �431]

�� 249.480 [Amended by 1957 c.608 �98; 1975 c.675 �18; repealed by 1979 c.190 �431]

�� 249.490 [Repealed by 1957 c.608 �231]

�� 249.491 [1957 c.608 �99; 1979 c.190 �278; renumbered 254.565]

�� 249.505 [1971 c.29 �3; repealed by 1973 c.125 �1]

�� 249.510 [Amended by 1957 c.608 �100; renumbered 249.366]

�� 249.515 [1971 c.29 �4; repealed by 1973 c.125 �1]

�� 249.520 [Repealed by 1957 c.608 �231]

�� 249.525 [1971 c.29 �5; repealed by 1979 c.190 �431]

�� 249.530 [Amended by 1957 c.608 �101; renumbered 249.352]

�� 249.535 [1971 c.29 �6; repealed by 1973 c.125 �1]

�� 249.540 [Amended by 1957 c.608 �102; renumbered 249.358]

�� 249.545 [1971 c.29 �2; repealed by 1979 c.190 �431]

�� 249.550 [Amended by 1957 c.608 �104; renumbered 249.354]

�� 249.560 [Repealed by 1957 c.608 �231]

�� 249.570 [Amended by 1957 c.608 �105; renumbered 249.362]

�� 249.580 [Amended by 1957 c.608 �106; renumbered 249.364]

�� 249.590 [Repealed by 1957 c.608 �231]

�� 249.600 [Amended by 1957 c.608 �108; renumbered 249.368]

�� 249.610 [Repealed by 1957 c.608 �231]

�� 249.640 [1975 c.779 �24; 1977 c.829 �8; repealed by 1979 c.190 �431]

�� 249.650 [1957 c.608 �82; repealed by 1975 c.799 �28]

�� 249.652 [1973 c.527 �5; repealed by 1975 c.799 �28]

�� 249.654 [1973 c.527 ��6,7,8; 1975 c.779 �25; 1979 c.190 �394; renumbered 188.120]

�� 249.655 [1957 c.608 �83; repealed by 1973 c.527 �10]

�� 249.656 [1973 c.527 �9; repealed by 1975 c.799 �28]

�� 249.660 [1957 c.608 �84; 1973 c.773 �6; repealed by 1975 c.799 �28]

�� 249.665 [1957 c.608 �85; 1973 c.773 �7; repealed by 1975 c.799 �28]

�� 249.670 [1957 c.608 �86; repealed by 1975 c.799 �28]

�� 249.680 [1961 c.73 �2; 1975 c.779 �26; 1979 c.190 �121; renumbered 249.180]

NOMINATION OF CANDIDATES TO PARTISAN OFFICE BY OTHER THAN MAJOR POLITICAL PARTY

(General Provisions)

�� 249.705 Nomination by other than major party. A minor political party, assembly of electors or individual electors may nominate one candidate for each partisan public office to be filled at the general election by preparing and filing a certificate of nomination as provided in ORS 249.712 to 249.850. [1979 c.190 �125]

�� 249.710 [Amended by 1957 c.608 �109; 1963 c.176 �1; 1977 c.829 �9; repealed by 1979 c.190 �431]

�� 249.712 Acceptance of nomination. (1) To complete a nomination, the nominee must accept the nomination.

�� (2) The acceptance of the nominee may be indorsed upon the certificate of nomination and signed by the nominee, or it may be indorsed by a letter or telegram from the nominee attached to the certificate and filed with it. If the acceptance does not accompany the certificate of nomination, the nominee, at any time after the certificate is filed and before the time for filing nominations for the office has expired, may file an acceptance in the same manner and in the same office where the certificate is filed. The officer with whom the acceptance is filed shall indorse it and attach it to the certificate of nomination to which it refers. [Formerly 249.760]

�� 249.715 [1977 c.324 �2; 1979 c.190 �130; renumbered 249.735]

�� 249.720 Information to be contained in certificate of nomination. (1) A certificate of nomination shall contain:

�� (a) The name by which the candidate is commonly known. A candidate may use a nickname in parentheses in connection with the full name.

�� (b) Address information as required by the Secretary of State by rule.

�� (c) The office, and department or position number if any, for which the candidate is nominated.

�� (d) The name of the minor political party, if any, that nominated the candidate.

�� (e) If the candidate is nominated for a partisan office by an assembly of electors or individual electors, the word �nonaffiliated� and a statement that the candidate has not been a member of a major or minor political party during at least 180 days before the deadline for filing the certificate of nomination.

�� (f) A statement that the candidate will qualify if elected.

�� (g) The signature of the candidate.

�� (h) A statement of the candidate�s occupation, educational and occupational background and prior governmental experience.

�� (2) The Secretary of State shall ensure that the template for a certificate of nomination provides the candidate with the option to:

�� (a) Provide the candidate�s race and ethnicity; and

�� (b) Limit the public accessibility of the candidate�s residence address in the manner set forth in ORS 249.021.

�� (3) For certificates of nomination of candidates for electors of President and Vice President of the United States, the names of the candidates for President and Vice President the candidates represent may be added to the name of the minor political party or the word �nonaffiliated,� as the case may be. The names of all the candidates of a minor political party, or nonaffiliated candidates, for electors of President and Vice President may be upon the same certificate of nomination.

�� (4) A certificate of nomination made by an assembly of electors shall be signed by the presiding officer and secretary of the nominating convention of the assembly. A certificate of nomination made by a minor political party shall be signed by an officer of the party. An affidavit shall be made on the certificate by the presiding officer and secretary of the nominating convention of the assembly or by the officer of the minor political party and signed and acknowledged by them before a notary public. The affidavit shall be that the statements in the certificate of nomination and related documents are true. With respect to an assembly of electors, the affidavit shall state that the assembly satisfied the requirements of ORS 249.735. [Amended by 1957 c.608 �110; 1961 c.336 �3; 1973 c.841 �2; 1975 c.678 �24; 1979 c.190 �127; 1981 c.142 �1; 1991 c.719 �8; 1993 c.797 �13; 1995 c.607 �19; 2005 c.797 �35; 2019 c.449 �8; 2023 c.528 �4]

�� 249.722 Time for filing certificate; filing officers; rules. (1) Except as provided in subsection (3) of this section, a certificate of nomination of a candidate for public office shall be filed not sooner than the 15th day after the date of the primary election and not later than the 70th day before the date of the general election.

�� (2) A certificate of nomination of a candidate for:

�� (a) State office, United States Senator or Representative in Congress shall be filed with the Secretary of State.

�� (b) County office shall be filed with the county clerk.

�� (c) City office shall be filed with the chief city elections officer.

�� (3) For a special election, including an election to fill a vacancy that occurs after the 70th day before the general election, the Secretary of State by rule may adopt a schedule specifying the period within which a certificate of nomination must be filed. If the Secretary of State does not adopt a rule under this subsection, a certificate of nomination must be filed before the 61st day preceding the election. [1979 c.190 �128; 1987 c.267 �23; 1993 c.493 ��8,9; 1995 c.607 �20; 1995 c.712 �32; 1999 c.999 �39; 2001 c.145 �2; 2005 c.593 �3; 2005 c.797 �33]

�� 249.730 [Amended by 1957 c.608 �111; 1963 c.176 �2; 1977 c.324 �3; repealed by 1979 c.190 �431]

�� 249.732 [1979 c.190 �129; 1983 c.756 �6; 1989 c.923 �28; repealed by 1993 c.493 �113 and 1993 c.797 �33]

(Nomination by Assembly of Electors)

�� 249.735 Qualification as assembly of electors; records; notice; nomination by assembly. (1) An assembly of electors is an organized body:

�� (a) Of not fewer than 1,000 electors of the state for a statewide nomination.

�� (b) Of not fewer than 500 electors of the congressional district for which the nomination for Representative in Congress is made.

�� (c) Of not fewer than 250 electors of the county or any other district for which the nomination is made.

�� (2) An assembly of electors may nominate candidates at a nominating convention. The convention shall be held in one day and last not longer than 12 hours. The signature, printed name and residence or mailing address of each member of the assembly shall be recorded at the convention and entered of record in the minutes by the secretary of the assembly. Not less than the minimum number of electors required to constitute an assembly of electors must have recorded their signatures in the minutes of the assembly and must be present when the assembly nominates a candidate. The candidate receiving the highest number of votes of the assembly for the office shall be the nominee of the assembly.

�� (3) Not later than the 10th day before the meeting of an assembly of electors, notice shall be published at least once in not less than three newspapers of general circulation within the electoral district for which the nomination will be made. The notice shall contain the time and place the assembly will meet, the office or offices for which nominations will be made, and the names and addresses of not fewer than 25 electors qualified to vote in the assembly who desire that it be held.

�� (4) Proof of publication of notice in subsection (3) of this section shall be made by affidavit of the owner, editor, publisher, manager, advertising manager, principal clerk of any of them, or the printer or printer�s foreman of the newspaper in which the notice is published. The affidavit shall show publication and shall be filed with the filing officer with the certificate of nomination.

�� (5) Not later than the 10th day before the meeting of an assembly of electors, a copy of the notice under subsection (3) of this section shall be delivered to the filing officer who will supervise the conduct of the nominating convention.

�� (6) The presiding officer of an assembly of electors shall deliver the signatures of assembly members entered in the minutes to the appropriate county clerks of the counties in which the assembly members live or to the Secretary of State if the Secretary of State is designated as the filing officer under ORS 249.035. The signatures shall be certified by the appropriate county clerk or by the Secretary of State under ORS 249.008. A copy of the minutes, certified by the secretary of the assembly, and the certificate of the county clerk or the Secretary of State shall be filed with the certificate of nomination.

�� (7) If the assembly of electors designates a committee to whom the assembly delegated the authority to fill vacancies as provided in ORS 249.842, a notice containing the names of the members of the committee shall be delivered to the filing officer with the certificate of nomination. [Formerly 249.715; 1983 c.514 �7; 1983 c.567 �9; 1985 c.808 �18; 1993 c.797 �14; 2005 c.797 �60; 2017 c.749 �46]

�� 249.737 Filing officer for nomination by assembly of electors. (1) The filing officer for the office for which nominations will be considered by an assembly of electors shall supervise the conduct of the nominating convention. The filing officer shall insure that when the assembly of electors makes a nomination, the number of electors required to be present at the nominating convention for the purpose of constituting an assembly is at least equal to each of the following:

�� (a) The number of signatures of assembly members in the minutes of the assembly.

�� (b) The number of electors present at the nominating convention.

�� (2) If an assembly of electors will consider nominations for an office for which the Secretary of State is the filing officer and an office for which the county clerk or chief city elections officer is the filing officer, the Secretary of State shall be the supervising officer under subsection (1) of this section.

�� (3) If an assembly of electors will consider nominations for an office for which the county clerk is the filing officer and an office for which the chief city elections officer is the filing officer, the county clerk shall be the supervising officer under subsection (1) of this section. [1983 c.567 �11]

(Nomination by Individual Electors)

�� 249.740 Certificates of nomination made by individual electors; statement regarding payment of petition circulators; certification of signature sheets. (1)(a) A certificate of nomination made by individual electors shall contain a number of signatures of electors in the electoral district equal to not less than one percent of the total votes cast in the electoral district for which the nomination is intended to be made, for all candidates for presidential electors at the most recent presidential election.

�� (b) For all elections beginning with the election next following any change in the boundaries of an electoral district and ending with the presidential election next following any change in the boundaries of the electoral district, a certificate of nomination made by individual electors shall contain a number of signatures of electors equal to not less than one percent of the average number of votes cast in all of the same form of electoral districts in this state for all candidates for presidential electors at the most recent presidential election.

�� (2) Each elector signing a certificate of nomination made by individual electors shall include the residence or mailing address of the elector. Except for a certificate of nomination of candidates for electors of President and Vice President of the United States, a certificate of nomination made by individual electors shall contain the name of only one candidate.

�� (3) Before beginning to circulate the certificate of nomination, the chief sponsor of the certificate shall file a signed copy of the prospective certificate with the filing officer referred to in ORS 249.722. The chief sponsor of the certificate shall include with the prospective certificate a statement declaring whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the certificate. After the prospective certificate is filed, the chief sponsor shall notify the filing officer not later than the 10th day after the chief sponsor first has knowledge or should have had knowledge that:

�� (a) Any person is being paid for obtaining signatures, when the statement included with the prospective certificate declared that no such person would be paid.

�� (b) No person is being paid for obtaining signatures, when the statement included with the prospective certificate declared that one or more such persons would be paid.

�� (4) The circulator shall certify on each signature sheet that the circulator:

�� (a) Witnessed the signing of the signature sheet by each individual whose signature appears on the signature sheet; and

�� (b) Believes each individual is an elector registered in the electoral district.

�� (5) The signatures contained in each certificate of nomination made by individual electors shall be certified for genuineness by the county clerk or the Secretary of State under ORS 249.008.

�� (6) As used in this section, �prospective certificate� means the information, except signatures and other identification of certificate signers, required to be contained in a completed certificate of nomination. [Amended by 1955 c.169 �5; 1957 c.608 �112; 1971 c.152 �1; 1977 c.829 �10; 1979 c.190 �131; 1983 c.756 �7; 1993 c.493 �11; 1993 c.797 �15; 1999 c.318 �25; 2005 c.797 �61; 2007 c.848 �24; 2017 c.749 �47; 2021 c.473 �7; 2023 c.600 �26]

�� 249.750 [Amended by 1957 c.608 �113; 1979 c.190 �100; renumbered 249.013]

�� 249.760 [Amended by 1979 c.190 �126; renumbered 249.712]

�� 249.770 [Amended by 1957 c.608 �114; 1971 c.749 �79; 1977 c.324 �4; repealed by 1979 c.190 �431]

�� 249.780 [Amended by 1957 c.608 �115; 1961 c.49 �2; 1971 c.749 �80; 1977 c.324 �5; repealed by 1979 c.190 �431]

�� 249.790 [Amended by 1977 c.829 �11; repealed by 1979 c.190 �431]

(Register of Nominations)

�� 249.810 Entries in register of nominations upon filing certificates. (1) Immediately after each certificate of nomination is filed, the filing officer shall enter in the register of nominations:

�� (a) The date the certificate was filed.

�� (b) The name of each candidate.

�� (c) The office for which the candidate is nominated.

�� (d) When applicable, the name of the minor political party or identification of the assembly of electors making the nomination, and the names of the chairperson and secretary certifying it.

�� (e) If the certificate of nomination is made by individual electors, the total number of certified signatures contained in the certificate.

�� (2) As soon as an acceptance or withdrawal of a candidate is filed with a filing officer, it shall be entered in the register of nominations. [Amended by 1957 c.608 �116; 1979 c.190 �132]

�� 249.820 [Repealed by 1979 c.190 �431]

(Withdrawals; Filling Vacancies)

�� 249.830 Procedure for withdrawing nomination. (1) A person who has been nominated and has accepted the nomination under ORS

ORS 255.155

255.155, the cover of an initiative petition shall contain the ballot title described in ORS 255.145 (3). If the circuit court has reviewed the ballot title, the cover of the initiative petition shall contain the title certified by the court.

�� (3) The chief petitioners shall include with the prospective petition a statement declaring whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the initiative or referendum petition. After the prospective petition is filed, the chief petitioners shall notify the filing officer not later than the 10th day after any of the chief petitioners first has knowledge or should have had knowledge that:

�� (a) Any person is being paid for obtaining signatures, when the statement included with the prospective petition declared that no such person would be paid.

�� (b) No person is being paid for obtaining signatures, when the statement included with the prospective petition declared that one or more such persons would be paid.

�� (4)(a) Each sheet of signatures on an initiative petition shall contain the caption of the ballot title. Each sheet of signatures on a referendum petition shall contain the number of the ordinance to be referred and the date it was adopted by the district board.

�� (b) Each sheet of signatures on an initiative or referendum petition shall, if one or more persons will be paid for obtaining signatures of electors on the petition, contain a notice stating: �Some Circulators For This Petition Are Being Paid.�

�� (5) The reverse side of the cover of an initiative or referendum petition shall be used for obtaining signatures on an initiative or referendum petition.

�� (6) Not more than 20 signatures on the signature sheet of the initiative or referendum petition shall be counted. The circulator shall certify on each signature sheet that the circulator:

�� (a) Witnessed the signing of the signature sheet by each individual whose signature appears on the signature sheet; and

�� (b) Believes each individual is an elector registered in the district.

�� (7) Unless otherwise provided by a district ordinance, the gathering of signatures on a petition to initiate a district measure may not exceed a period of two years from the time the petition is approved for circulation.

�� (8) The elections officer may not accept for filing any petition that has not met the provisions of subsection (7) of this section.

�� (9) A petition to initiate a district measure must be filed not less than 90 days before the election at which the proposed law is to be voted on.

�� (10) The person obtaining signatures on the petition shall carry at least one full and correct copy of the measure to be initiated or referred and shall allow any person to review a copy upon request of the person. [1979 c.190 �292; 1981 c.909 �8; 1983 c.756 �12; 1991 c.106 �3; 1992 c.1 �4; 1995 c.607 �48; 1997 c.846 �4; 1999 c.318 �30; 2001 c.965 �7; 2007 c.848 �18; 2011 c.607 �13; 2021 c.473 �4]

�� 255.140 Determination of compliance with constitutional provisions; notice; appeal. (1) Not later than the fifth business day after receiving a prospective petition for an initiative measure, the elections officer shall determine in writing whether the initiative measure meets the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution.

�� (2) If the elections officer determines that the initiative measure meets the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution, the elections officer shall proceed as required in ORS 255.145. The elections officer shall include in the publication required under ORS 255.145 (5) a statement that the initiative measure has been determined to meet the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution.

�� (3) If the elections officer determines that the initiative measure does not meet the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution, the elections officer shall immediately notify the petitioner, in writing by certified mail, return receipt requested, of the determination.

�� (4) Any elector dissatisfied with a determination of the elections officer under subsection (1) of this section may petition the circuit court of the judicial district in which the administrative office of the district is located seeking to overturn the determination of the elections officer. If the elector is dissatisfied with a determination that the initiative measure meets the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution, the petition must be filed not later than the seventh business day after the ballot title is filed with the elections officer. If the elector is dissatisfied with a determination that the initiative measure does not meet the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution, the petition must be filed not later than the seventh business day after the written determination is made by the elections officer.

�� (5) The review by the circuit court shall be the first and final review, and shall be conducted expeditiously to ensure the orderly and timely circulation of the petition. [1991 c.719 �38; 2005 c.797 �44]

�� 255.145 Preparation of ballot title for certain measures; notice. (1) When a prospective petition for a district measure to be referred is filed with the elections officer, the officer shall authorize the circulation of the petition containing the title of the measure as enacted by the district elections authority or, if there is no title, the title supplied by the petitioner filing the prospective petition. The elections officer immediately shall send one copy of the prospective petition to the district attorney of the county in which the administrative office of the district is located.

�� (2) Not later than the sixth business day after a prospective petition for a district measure to be initiated is filed with the elections officer, the officer shall send one copy of it to the district attorney of the county in which the administrative office of the district is located if the measure to be initiated has been determined to be in compliance with section 1 (2)(d) and (5), Article IV of the Oregon Constitution, as provided in ORS 255.140.

�� (3)(a) Not later than the fifth business day after receiving the copy of the prospective petition, the district attorney shall provide a ballot title for the district measure to be initiated or referred and send one copy of the ballot title to the elections officer. Unless the circuit court certifies a different title, or the district attorney determines that a clerical correction is necessary, this ballot title shall be the title printed on the ballot.

�� (b) As used in this subsection, �clerical correction� means a typographical, arithmetical or grammatical correction that is evident from the text of the draft or certified ballot title.

�� (4) A copy of the ballot title shall be furnished to the chief petitioner.

�� (5)(a) The elections officer, upon receiving a ballot title for a district measure to be referred or initiated from the district attorney, shall publish in the next available edition of a newspaper of general circulation in the district a notice of receipt of the ballot title including notice that an elector may file a petition for review of the ballot title not later than the date referred to in ORS 255.155.

�� (b) In addition to publishing a notice as described in paragraph (a) of this subsection, the elections officer may publish a notice on the county�s website for a minimum of seven days. [1979 c.190 �293; 1985 c.808 �43; 1987 c.707 �20a; 1991 c.719 �29; 1995 c.607 �49; 2005 c.797 �45; 2011 c.607 �12; 2017 c.749 �22]

�� 255.155 Procedure for elector dissatisfied with title of district measure. (1) Any elector dissatisfied with a ballot title filed with the elections officer by the district attorney or district elections authority may petition the circuit court of the judicial district in which the administrative office of the district is located seeking a different title and stating the reasons the title filed with the court is insufficient, not concise or unfair. The petition shall name as respondent the district attorney or district elections authority, depending on who prepared the ballot title, and must be filed not later than the seventh business day after the title is filed with the elections officer. The court shall review the title and measure to be initiated or referred, hear arguments, if any, and certify to the elections officer a title for the measure which meets the requirements of ORS 250.035.

�� (2) An elector filing a petition under this section shall notify the county clerk in writing that the petition has been filed. The notice shall be given not later than 5 p.m. on the next business day following the day the petition is filed.

�� (3) The review by the circuit court shall be the first and final review, and shall be conducted expeditiously to insure the orderly and timely circulation of petitions or conduct of the election at which the measure is to be submitted to the electors. [1979 c.190 �294; 1983 c.514 �13a; 1987 c.707 �21; 1989 c.503 �16; 1993 c.493 �99; 1995 c.534 �5]

�� 255.165 Signature requirements. (1) Except for a district measure of the Port of Portland, a metropolitan service district organized under ORS chapter 268, a school district with an enrollment exceeding 40,000 pupils or a mass transit district situated in a metropolitan statistical area with a population exceeding 400,000, other than a mass transit district measure relating to a route, schedule or fare change, a petition to refer or initiate a district measure must be signed by a number of electors registered in the district that:

�� (a) For an initiative petition, is not less than 15 percent of the total number of votes cast in the district for all candidates for Governor at the most recent election at which a candidate for Governor was elected to a full term; and

�� (b) For a referendum petition, is not less than 10 percent of the total number of votes cast in the district for all candidates for Governor at the most recent election at which a candidate for Governor was elected to a full term.

�� (2) A petition to refer or initiate a district measure of the Port of Portland, a metropolitan service district organized under ORS chapter 268, a school district with an enrollment exceeding 40,000 pupils or a mass transit district situated in a metropolitan statistical area with a population exceeding 400,000, other than a mass transit district measure relating to a route, schedule or fare change, must be signed by a number of electors registered in the district that:

�� (a) For an initiative petition, is not less than six percent of the total number of votes cast in the district for all candidates for Governor at the most recent election at which a candidate for Governor was elected to a full term; and

�� (b) For a referendum petition, is not less than four percent of the total number of votes cast in the district for all candidates for Governor at the most recent election at which a candidate for Governor was elected to a full term.

�� (3) Except for a district measure of the Port of Portland, a metropolitan service district organized under ORS chapter 268, a school district with an enrollment exceeding 40,000 pupils or a mass transit district situated in a metropolitan statistical area with a population exceeding 400,000, other than a mass transit district measure relating to a route, schedule or fare change, a petition to refer a district measure must be filed with the elections officer not later than the 30th day after adoption of the district ordinance sought to be referred.

�� (4) A petition to refer a district measure of the Port of Portland, a metropolitan service district organized under ORS chapter 268, a school district with an enrollment exceeding 40,000 pupils or a mass transit district situated in a metropolitan statistical area with a population exceeding 400,000, other than a mass transit district measure relating to a route, schedule or fare change, must be filed with the elections officer not later than the 90th day after adoption of the district ordinance sought to be referred. [1979 c.190 �295; 1983 c.350 �75; 1987 c.211 �1; 1989 c.328 �1; 2009 c.11 �24]

�� 255.175 Filing officer; filing requirements; verification of signatures. (1) An initiative or referendum petition relating to a district measure shall be filed with the elections officer for signature verification. The filed petition shall contain only original signatures.

�� (2) An initiative or referendum petition relating to a district measure shall not be accepted for filing if it contains less than 100 percent of the required number of signatures.

�� (3) For any petition requiring a number of signatures exceeding 4,500, the Secretary of State by rule shall designate a statistical sampling technique to verify whether a petition contains the required number of signatures of electors. A petition may not be rejected for the reason that it contains less than the required number of signatures unless two separate sampling processes both establish that the petition lacks the required number of signatures. The second sampling must contain a larger number of signatures than the first sampling.

�� (4) The Secretary of State may employ professional assistance to determine the sampling technique referred to in subsection (3) of this section. [1979 c.190 �296; 1989 c.68 �9; 1991 c.580 �1]

�� 255.185 Date of election on measure initiated or referred by electors. (1) In a district that holds regular district elections, if an initiative or referendum petition contains the required number of verified signatures, the election on the district measure shall be held on the third Tuesday in May, the first Tuesday after the first Monday in November or the date of the next scheduled regular district election. The election date may not be sooner than the next available date listed in this subsection for which the filing deadline may be met and may not be later than the first regular district election following the 40th day after the date of the order calling the election.

�� (2) In a district that does not hold regular district elections, if an initiative or referendum petition contains the required number of verified signatures, the election on the district measure shall be held at the next available date listed in subsection (1) of this section for which the filing deadline may be met. [1979 c.190 �297; 1983 c.350 �76; 1985 c.808 �44; 1991 c.107 �13; 2015 c.44 �3]

�� 255.195 [1979 c.190 �298; 1985 c.471 �13; repealed by 1987 c.724 �7]

�� 255.205 Retention of petition materials. The elections officer shall retain the signature sheets of a filed initiative or referendum petition with a copy of the district measure. If the measure is approved by the district electors, a copy of the measure shall be preserved as a permanent public record, and the signature sheets shall be preserved for six years. [1979 c.190 �299]

�� 255.210 [Repealed by 1957 c.608 �231]

�� 255.211 [1957 c.608 �197; 1961 c.49 �3; 1971 c.94 �3; 1971 c.733 �5; 1973 c.658 �2; 1975 c.766 �11; 1979 c.190 �181; renumbered 251.115]

�� 255.215 Notice by mail in lieu of or in addition to newspaper publication. In lieu of or in addition to publication of notice under ORS 255.085, if it is expedient to do so the elections officer may give notice by mail to each elector of the district. The notice shall have postage prepaid and shall be considered given when mailed. Mailed notice of a district election under ORS 255.085 shall be made not later than three days after receipt of the ballot title. Proof of mailing shall be by affidavit of the elections officer. The affidavit shall state the time and place the notice was mailed. [Formerly 259.110; 1981 c.173 �33; 1981 c.639 �7; 1985 c.808 �45; 1991 c.107 �14; 2007 c.154 �51]

�� 255.220 [Amended by 1957 c.608 �198; repealed by 1979 c.190 �431]

�� 255.230 [Repealed by 1957 c.608 �231]

�� 255.231 [1957 c.608 �199; 1959 c.457 �4; 1971 c.94 �4; 1971 c.733 �6; 1973 c.658 �4; 1975 c.766 �12; repealed by 1979 c.190 �431]

NOMINATIONS

�� 255.235 Nomination of candidates for election to district boards; withdrawal. Except as provided in ORS 255.400 to 255.424:

�� (1) A candidate for election as a member of a district board shall be nominated by filing with the elections officer either:

�� (a) A petition for nomination signed by at least 25 electors, or 10 percent of the electors, residing in the election district for the office, whichever number is less; or

�� (b) A declaration of candidacy accompanied by a filing fee of $10.

�� (2) A petition for nomination or a declaration of candidacy shall be filed with the elections officer not sooner than the 40th day before the deadline specified in paragraph (a) or (b) of this subsection and:

�� (a) Not later than the 61st day before the date of the district election if the election is a regular district election or the first election at which members of the district board are elected.

�� (b) Not later than the 70th day before the date of the district election if the election is held on the date of a primary election or general election.

�� (3) A nominating petition or declaration of candidacy shall contain the information specified in ORS 249.031.

�� (4) The Secretary of State shall ensure that the templates for a nominating petition or declaration of candidacy provide the candidate with the option to:

�� (a) Provide the candidate�s race and ethnicity; and

�� (b) Limit the public accessibility of the candidate�s residence address in the manner set forth in ORS 249.021.

�� (5) In a district in which a position or zone number is assigned to each office on the district board, each petition for nomination or declaration of candidacy for election to the district board shall state the position or zone number of the office to which the candidate seeks election.

�� (6) The provisions of ORS 249.009 (1)(b) and 249.061 do not apply to nominating petitions filed under this section.

�� (7) A nominee for election to the district board may withdraw the nomination not later than 5 p.m. of the last day specified for filing a petition or declaration under this section by filing with the elections officer a written withdrawal of candidacy. The withdrawal shall be signed by the nominee and state the reasons for withdrawal. [Formerly 259.070; 1981 c.173 �34; 1983 c.350 �77; 1983 c.567 �17; 1985 c.808 �46; 1989 c.503 �17; 1989 c.923 �15; 1991 c.107 �15; 1995 c.607 �50; 1995 c.712 �70; 2013 c.1 �23; 2019 c.449 �9; 2023 c.528 �5]

�� 255.240 [Repealed by 1957 c.608 �231]

�� 255.241 [1957 c.608 �200; 1961 c.532 �2; 1969 c.83 �2; 1971 c.94 �5; 1975 c.766 �13; 1977 c.364 �2; repealed by 1979 c.190 �431]

�� 255.245 Nominations to fill certain vacancies; Secretary of State to adopt rules. Except as provided in ORS 255.400 to 255.424, if a vacancy occurs in the office of district board member after the deadline for notice in ORS 255.069 (2) and on or before the 62nd day before the regular district election, the Secretary of State by rule shall provide a nominating schedule when practicable so that candidates� names may be printed on the regular election ballot. With regard to this vacancy, requirements of publication of notice and sample ballots may be waived. The rule shall require notice of the vacancy and nominating procedure to the district electors by the most reasonable and expeditious means practicable under the circumstances, including but not limited to single publication in a newspaper of general circulation in the district. [Formerly 259.075; 1999 c.410 �65; 2019 c.449 �42]

�� 255.250 [Amended by 1955 c.96 �2; repealed by 1957 c.608 �231]

�� 255.260 [Repealed by 1957 c.608 �231]

�� 255.265 [Formerly 259.045; 1981 c.173 �35; 1987 c.267 �55; repealed by 1995 c.607 �91]

�� 255.275 [Formerly 259.220; repealed by 2007 c.154 �67]

�� 255.285 [Formerly 259.120; 1985 c.471 �12; repealed by 2007 c.154 �67]

CONDUCT OF ELECTIONS

�� 255.288 Methods of providing map of proposed boundaries for election on boundary question. At any election in which the question of establishing or changing the exterior boundaries of a district or the question of establishing or changing boundaries of electoral zones or subdistricts within a district is submitted to a vote, the elections officer shall provide a map indicating the proposed boundaries. The elections officer shall provide the map by:

�� (1) Printing the map in any voters� pamphlet prepared for the district election; or

�� (2) Including the map with the ballot. [1983 c.350 �74; 1993 c.493 �47; 2007 c.154 �52]

�� 255.291 Ballot to state position or zone number of candidate. In a district in which a position or zone number is assigned to each office on the district board, the ballot shall state the position or zone number of the office to which the candidate seeks election. The candidate�s name shall appear on the ballot only for the designated position or zone. [1983 c.350 �79]

�� 255.295 Preparing abstract; notification of results. (1) Not later than the 27th day after the date of an election, the elections officer shall prepare an abstract of the votes and deliver it to the district elections authority. Not later than the 45th day after the date of an election, the district elections authority shall determine from it the result of the election.

�� (2) Subject to ORS 254.548, the elections officer may issue a certificate of election only after the district elections authority has notified the elections officer in writing of the result of the election. [Formerly 259.200; 1989 c.221 �1; 1993 c.493 �102; 1995 c.712 �72; 1999 c.318 �50; 1999 c.999 �57; 2005 c.157 �5; 2014 c.67 �5; 2014 c.112 �5; 2017 c.749 �30; 2018 c.70 �10; 2021 c.551 �10]

�� 255.305 Election expenses paid by district; exceptions; apportionment of expenses; rules. (1) Except as otherwise provided by ORS 198.775, 261.210 and 568.542, the expenses incurred for a district election shall be paid by that district.

�� (2) When two or more districts hold an election on the same day, the expenses of the election shall be equitably apportioned among the districts.

�� (3) The Secretary of State by rule:

�� (a) May designate a formula for the apportionment of expenses under subsection (2) of this section; and

�� (b) Designate categories of election expenses that are chargeable to a district. [Formerly

ORS 255.400

255.400 to 255.424. Prior to authorizing a change under this paragraph, the board must take into consideration any recommendations made by the county clerk that administers the electoral system of the qualifying district.

�� (2) The Secretary of State shall include information regarding ORS 255.400 to 255.424 both in any manuals that provide a summary of all election law in this state that are compiled by the secretary and made publicly available on the secretary�s Internet website and in any other publications the secretary considers appropriate. In addition, the secretary shall develop and make publicly available on the secretary�s Internet website a guide describing:

�� (a) The process for an elector to notify the board of a qualifying district and bring an action alleging that a qualifying district�s electoral system fails to comply with this section; and

�� (b) The options and applicable timelines available to a board and qualifying district that receive a notice described in paragraph (a) of this subsection. [2019 c.449 �3]

�� 255.410 [Amended by 1953 c.359 �4; 1957 c.608 �201; 1961 c.532 �3; 1969 c.83 �3; 1975 c.766 �14; 1977 c.516 �4; 1979 c.190 �188; renumbered 251.185]

�� 255.411 Violations of ORS 255.405; process for bringing claim. (1) A qualifying district is in violation of ORS 255.405 if it is shown that:

�� (a) Electors in the qualifying district exhibit polarized voting; and

�� (b) Members of a protected class do not have an equal opportunity to elect candidates of their choice or an equal opportunity to influence the outcome of an election as a result of the dilution or abridgment of the rights of electors who are members of that protected class.

�� (2) Subject to ORS 255.424, a violation of ORS 255.405 may be alleged by the filing of an action in either the circuit court of Marion County or the circuit court of any county in which the qualifying district is located by an individual who:

�� (a) Is an elector;

�� (b) Is a member of a protected class; and

�� (c) Resides within the boundaries of the qualifying district.

�� (3) An action filed under this section:

�� (a) Is subject to the filing fee described in ORS 21.145; and

�� (b) Must be tried and decided by a judge.

�� (4) The fact that members of a protected class are not geographically compact or concentrated to constitute a majority in a proposed or existing qualifying district may not preclude a judge from finding a violation of ORS 255.405 but may be a factor in determining an appropriate remedy.

�� (5) In determining whether polarized voting exists, a court shall analyze qualifying district elections in which at least one candidate is a member of a protected class or in which other electoral choices would affect the rights and privileges of members of a protected class. Elections conducted prior to the filing of an action under this section are more probative to establishing the existence of polarized voting than elections conducted after the filing of an action.

�� (6) Proof of intent on the part of electors, elected officials or a board of a qualifying district to discriminate against a protected class is not required for a judge to find a violation of ORS 255.405.

�� (7) Factors that are probative to establishing a violation of ORS 255.405, but that are not necessary to establish a violation, include:

�� (a) A history of discrimination;

�� (b) The use of voting practices or procedures that may enhance dilutive effects in elections;

�� (c) The denial of access to the processes that determine which groups of candidates receive financial support in an election;

�� (d) The extent to which members of a protected class bear the effects of past discrimination in areas of education, employment and health in a manner that hinders the ability of members of the protected class to participate effectively in the political process; and

�� (e) The use of overt or subtle racial appeals in political campaigns.

�� (8)(a) If a judge finds that a qualifying district has violated ORS 255.405, a court may order any remedy the court determines is necessary to cure the violation, including but not limited to requiring the board of the qualifying district to adopt a new electoral system that is tailored to remedy the violation, in compliance with ORS 255.405 (1)(b).

�� (b) A court order requiring the board of a qualifying district to adopt a new electoral system:

�� (A) May not apply to the first qualifying district election held after the court order; and

�� (B) Shall, unless otherwise ordered by the court, apply to qualifying district elections held after the election described in subparagraph (A) of this paragraph.

�� (9) The court shall award any individual who prevails in an action brought under this section reasonable attorney fees, costs and expenses. A qualifying district that prevails in an action brought under this section is not entitled to costs or expenses and may be awarded reasonable attorney fees only if a judge finds that the action was brought in bad faith or for purposes of harassment. [2019 c.449 �4]

�� 255.415 [1975 c.766 �25; 1977 c.460 �1; 1977 c.508 �12; 1979 c.190 �195; renumbered 251.255]

�� 255.416 Ability of board of qualifying district to remedy violation; process. (1) The board of a qualifying district that intends to change the electoral system of the qualifying district in order to remedy a potential violation of ORS 255.405, or in order to comply with a court order requiring the board of a qualifying district to remedy a violation of ORS 255.405, shall, prior to voting on whether to adopt the proposed new electoral system:

�� (a) Provide public notice to residents of the qualifying district about the proposed remedy to a violation or potential violation of ORS 255.405.

�� (b)(A) Hold at least two public hearings over a period of not more than 60 calendar days in which the public is invited to provide input regarding the composition of the qualifying district or the board of the qualifying district. Before conducting these hearings, the board of the qualifying district may conduct outreach to the public, including to non-English-speaking communities, to explain the proposed electoral system and encourage public participation.

�� (B) The public hearings conducted under this paragraph must be conducted before a draft map or draft maps of the proposed qualifying district boundaries is drawn.

�� (c) Make publicly available:

�� (A) The draft map or draft maps of the proposed qualifying district boundaries;

�� (B) The methodology used to establish the draft map or draft maps of the qualifying district boundaries; and

�� (C) The potential sequence of elections if terms of office for members of the board of the qualifying district are staggered.

�� (d) Hold at least two public hearings over a period of not more than 60 calendar days in which the public is invited to provide input regarding the content of the draft map or draft maps and, if applicable, the proposed sequence of elections.

�� (e)(A) Make publicly available the final version of the map or maps to be voted on by the board of the qualifying district and the methodologies used to establish the final version of the map or maps. The materials described in this subparagraph must be made publicly available no later than seven days before the map or maps will be considered by the board of the qualifying district.

�� (B) If a map made publicly available under subparagraph (A) of this paragraph is subsequently altered, the revised map and methodologies used to establish the revised map shall be made publicly available for at least seven days before the revised map will be considered by the board of the qualifying district.

�� (2) If the board of a qualifying district votes to change the electoral system of the qualifying district under this section, the new electoral system:

�� (a) May not apply to the first qualifying district election held after the vote by the board of a qualifying district; and

�� (b) Shall apply to qualifying district elections held after the election described in paragraph (a) of this subsection.

�� (3) In carrying out the actions described in subsection (1) of this section, the board of a qualifying district shall consult with the county clerk that administers the electoral system of the qualifying district and take into consideration any recommendations made by the county clerk. [2019 c.449 �5]

�� 255.418 [1975 c.766 �18; 1979 c.190 �197; renumbered 251.275]

�� 255.420 [Repealed by 1957 c.608 �231]

�� 255.421 [1957 c.608 �203; 1959 c.457 �5; 1961 c.49 �4; 1965 c.350 �1; repealed by 1973 c.712 �5 (255.422 enacted in lieu of 255.421)]

�� 255.422 [1973 c.712 �6 (enacted in lieu of

ORS 258.005

258.005 [1965 c.586 �2; repealed by 1979 c.190 �431]

GENERAL PROVISIONS

�� 258.006 Definitions. As used in this chapter:

�� (1) �Candidate� means a candidate for nomination or election to any elective office.

�� (2) �Contestant� means any person who files a petition of contest under ORS 258.036.

�� (3) �Contestee� means:

�� (a) In a contest of the nomination of a person for an office or the election of a person to an office, all candidates for the nomination or office, other than a candidate who is a contestant.

�� (b) In a contest of the approval or rejection of a measure proposed by initiative petition, the chief petitioner of the petition, unless the chief petitioner is a contestant, and any other person involved in the cause of the contest.

�� (c) In a contest of the result of a recall election, the public officer subject to the recall.

�� (d) If the cause of the contest is ORS 258.016 (6) or (7), the county clerk.

�� (4) �County clerk� means the county clerk or the county official in charge of elections.

�� (5) �Elector� means an individual qualified to vote under section 2, Article II, Oregon Constitution.

�� (6) �Full recount� means a recount of all the precincts in which votes were cast for the nomination or office for which a candidate received a vote or on any measure that appeared on the ballot.

�� (7) �Measure� includes any of the following submitted to the people for their approval or rejection at an election:

�� (a) A proposed law.

�� (b) An Act or part of an Act of the Legislative Assembly.

�� (c) A revision of or amendment to the Oregon Constitution.

�� (d) Local, special or municipal legislation.

�� (e) A proposition or question.

�� (8) �Partial recount� means a recount conducted in a number of precincts equal to the greater of:

�� (a) Five percent of the precincts in which votes were cast for the nomination or office for which a candidate received a vote or on any measure that appeared on the ballot; or

�� (b) Three specified precincts in which votes were cast for the nomination or office for which a candidate received a vote or on any measure that appeared on the ballot. [Formerly 251.015; 1983 c.392 �7; 1985 c.186 �1; 1995 c.607 �52; 2001 c.965 �28; 2009 c.511 �12]

�� 258.010 [1953 c.397 �1; repealed by 1965 c.586 �34]

�� 258.015 [1965 c.586 �3; repealed by 1979 c.190 �431]

ELECTION CONTESTS

�� 258.016 Grounds for contest; persons authorized to contest. The nomination or election of a person, the result of a recall election or the approval or rejection of a measure may be contested by any elector entitled to vote for the person, recall or measure, by any person who was a candidate at the election for the same nomination or office, by the public officer subject to the recall, by the Secretary of State if the contest involves a state measure, the recall of a state officer or a candidate for whom the Secretary of State is the filing officer, or by the county clerk who conducted the election, only for the following causes:

�� (1) Deliberate and material violation of any provision of the election laws in connection with the nomination, election, recall election or approval or rejection of a measure.

�� (2) Ineligibility of the person elected to the office to hold the office at the time of the election.

�� (3) Illegal votes.

�� (4) Mistake or fraud in the canvass of votes.

�� (5) Fraud in the count of votes.

�� (6) Nondeliberate and material error in the distribution of the official ballots by a local elections official, as that term is defined in ORS 246.012, or a county clerk.

�� (7) A challenge to the determination of the number of electors who were eligible to participate in an election on a measure conducted under section 11 (8), Article XI of the Oregon Constitution. [Formerly 251.025; 1983 c.170 �1; 1993 c.493 �48; 1997 c.541 �313a; 2001 c.965 �29; 2009 c.511 �13]

�� 258.020 [1953 c.397 �2; repealed by 1965 c.586 �34]

�� 258.025 [1965 c.586 �4; 1979 c.190 �24; renumbered 246.520]

�� 258.026 When election results may be set aside. (1) The nomination or election of a person may not be set aside for any cause listed in ORS 258.016 (3) to (5) unless:

�� (a) The person nominated or elected had knowledge of or connived in the cause of the contest; or

�� (b) The number of votes taken from the person nominated or elected by reason of the cause of the contest would reduce the legal votes of the person below the number of legal votes given to another person for the same nomination or office.

�� (2) The nomination or election of a person may not be set aside for the cause described in ORS 258.016 (6) unless the nomination or election would have been given to one of the candidates other than the candidate nominated or elected if all votes not cast or tallied due to the error had been cast or tallied for the other candidate.

�� (3) The approval or rejection of a measure may not be set aside unless:

�� (a) The number of votes taken from the approval or rejection by reason of the cause of the contest would reverse the outcome of the election; or

�� (b) The outcome of the election would have been reversed if all votes not cast or tallied due to an error under ORS 258.016 (6) had been cast or tallied in opposition to the contested outcome.

�� (4) The result of a recall election may not be set aside unless:

�� (a) The number of votes taken from the result of the recall election by reason of the cause of the contest would reverse the result; or

�� (b) The result of the recall election would have been reversed if all votes not cast or tallied due to an error under ORS 258.016 (6) had been cast or tallied in opposition to the contested result. [Formerly 251.035; 1983 c.170 �2; 2009 c.511 �14]

�� 258.030 [1953 c.397 �30; repealed by 1965 c.586 �34]

�� 258.035 [1965 c.586 �5; repealed by 1979 c.190 �431]

�� 258.036 Petition of contest; location of filing; contents of petition. (1) Not later than the 40th day after the election or the seventh day after completion of a recount of votes cast in connection with the election, any person authorized to contest a result of the election may file a petition of contest. The petition shall be filed with:

�� (a) The Circuit Court for Marion County if the petition involves a state measure, a candidate for election to the office of elector of President and Vice President of the United States or a candidate for nomination or election to the office of United States Senator, United States Representative in Congress, Governor, Secretary of State, State Treasurer, Attorney General, Commissioner of the Bureau of Labor and Industries or a position of judge on the Oregon Supreme Court, the Oregon Court of Appeals or the Oregon Tax Court.

�� (b) The circuit court for the county where a majority of the electors in the electoral district reside if the petition involves a candidate for nomination or election to the office of state Senator, state Representative, circuit court judge or district attorney.

�� (c) The circuit court for the county in which the filing officer is located if the petition involves a candidate for nomination or election to county, city or district office or a county, city or district measure. If a district is located in more than one county, the petition shall be filed with the circuit court for the county in which the administrative office of the district is located.

�� (d) The circuit court for the county in which the filing officer authorized to order the recall election is located if the petition involves the recall of a public officer.

�� (2) The petition shall be verified in the manner required for verification of complaints in civil cases and shall specify:

�� (a) The cause of the contest; and

�� (b) The names of all contestees. [Formerly 251.045; 1995 c.607 �53; 2001 c.965 �30; 2009 c.511 �15; 2011 c.731 �14]

�� 258.040 [1953 c.397 �37; repealed by 1965 c.586 �34]

�� 258.045 [1965 c.586 �6; 1979 c.190 �25; renumbered 246.530]

�� 258.046 Payment of costs, disbursements and attorney fees. (1) The prevailing party in the contest proceeding shall recover costs, disbursements and reasonable attorney fees at trial and on appeal against the losing party. However, if the cause of the contest is a mistake in the canvass of votes and the contestant prevails, the cost of any recanvass of votes shall be paid by:

�� (a) The county for a contest of a state or county nomination, office, recall election or measure;

�� (b) The city for a contest of a city nomination, office, recall election or measure; or

�� (c) Any other political subdivision or public corporation for a contest of such a subdivision or corporation nomination, office, recall election or measure.

�� (2) In a contest under ORS 258.016 (7), costs, disbursements and attorney fees may not be assessed against the county clerk unless the court makes a specific finding of fault against the county clerk. [Formerly 251.060; 1981 c.897 �44; 1991 c.331 �50; 1995 c.607 �53a; 1997 c.541 �313c; 2009 c.511 �16]

�� 258.055 Publication of notice of contest; service and filing of copies of petition of contest; court hearing. (1) Except as provided in subsection (2) of this section, when a contestant files a petition of contest with the circuit court described under ORS 258.036, the contestant shall, within three business days of filing the petition, publish a notice stating that the petition has been filed and identifying the date of the deadline described in this subsection for filing a motion to intervene. The notice must be published at least once in the next available issue of a newspaper of general circulation published in the county where the proceeding is pending. Jurisdiction over the election contest shall be complete within 10 days after the notice is published as provided in this subsection. Any person interested may at any time before the expiration of the 10 days appear and contest the validity of the proceeding, or of any of the acts or things enumerated in the proceeding.

�� (2) Subsection (1) of this section does not apply if the contest involves:

�� (a) A state measure.

�� (b) The election of a candidate to the office of elector of President and Vice President of the United States.

�� (c) The nomination or election of a candidate to the office of United States Senator, United States Representative in Congress, Governor, Secretary of State, State Treasurer, Attorney General, Commissioner of the Bureau of Labor and Industries or a position of judge on the Oregon Supreme Court, the Oregon Court of Appeals or the Oregon Tax Court.

�� (d) The recall of a person from the office of Governor, Secretary of State, State Treasurer, Attorney General, Commissioner of the Bureau of Labor and Industries or a position of judge on the Oregon Supreme Court, the Oregon Court of Appeals or the Oregon Tax Court.

�� (3) Not later than two business days after the contestant files a petition of contest with the circuit court, the contestant shall serve a copy of the petition by certified mail on each contestee. If the Secretary of State or county clerk is not a contestee, not later than one business day after the contestant files a petition of contest with the circuit court, the contestant shall file a copy of the petition with:

�� (a) The Secretary of State if the petition involves a candidate for state office, the recall of a person from state office or a state measure; or

�� (b) The county clerk if the petition involves a candidate for county, city or district office, the recall of a person from county, city or district office or a county, city or district measure. As used in this paragraph, �county clerk� includes the county clerk of the county in which the administrative office of a city or district is located regarding a measure, a recall or a candidate for an office to be voted on in a city or district located in more than one county.

�� (4) The circuit court shall fix a time for the hearing by the circuit court of the contest proceeding, and not later than the fifth day before the hearing shall give written notice of the hearing to each party to the proceeding. In fixing the time for the hearing, the court shall consider the dates set in any notice published under subsection (1) of this section and the dates of service on the contestees. The contest proceeding shall take precedence over all other business on the circuit court docket.

�� (5) The circuit court shall hear and determine the proceeding without a jury and shall issue written findings of law and fact. The practice and procedure otherwise applicable to civil cases shall govern the proceeding, except that the contestant has the burden of proof by clear and convincing evidence. [Formerly

ORS 260.005

260.005, in the manner provided in ORS chapter 260.

�� (2) The credit allowed by subsection (1) of this section shall be the lesser of:

�� (a) The total contribution, not to exceed $100 on a joint return or $50 on any other type of return; or

�� (b) The tax liability of the taxpayer.

�� (3) A taxpayer may not claim the credit allowed under this section if the taxpayer has federal adjusted gross income in excess of $150,000 on a joint return or $75,000 on any other type of return.

�� (4) The claim for tax credit shall be substantiated by submission, with the tax return, of official receipts of the candidate, agent, political party or committee thereof or political committee to whom contribution was made. [1969 c.432 �2; 1973 c.119 �3; 1975 c.177 �1; 1977 c.268 �1; 1979 c.190 �413; 1985 c.802 �6; 1987 c.293 �16; 1989 c.986 �1; 1993 c.797 �27; 1995 c.1 �19; 1995 c.712 �104; 1999 c.999 �27; 2013 c.750 �6; 2019 c.579 �49]

�� Note: Section 34, chapter 913, Oregon Laws 2009, provides:

�� Sec. 34. (1) A credit may not be claimed under ORS 316.102 for tax years beginning on or after January 1, 2028.

�� (2) The amendments to ORS 316.102 by section 49, chapter 579, Oregon Laws 2019, apply to tax years beginning on or after January 1, 2020, and before January 1, 2028. [2009 c.913 �34; 2013 c.750 �7; 2019 c.579 �48; 2023 c.490 �9]

�� 316.103 [1985 c.684 �12; 1989 c.765 �1; 1989 c.958 �10; 1991 c.877 �7; repealed by 1993 c.730 �31 (315.324 enacted in lieu of 316.103 and 317.106)]

�� 316.104 [1987 c.911 �8b; 1991 c.877 �8; repealed by 1993 c.730 �37 (315.504 enacted in lieu of 316.104 and 317.140)]

�� 316.105 [1953 c.304 �14; 1953 c.552 �5; repealed by 1969 c.493 �99]

�� 316.106 [1967 c.274 �7; repealed by 1969 c.493 �99]

�� 316.107 [1969 c.493 �20; 1973 c.402 �19; 1985 c.802 �7; repealed by 1993 c.730 �3 (315.054 enacted in lieu of 316.107)]

�� 316.108 [1967 c.118 �2; repealed by 1969 c.493 �99]

�� 316.109 Credit for tax by another jurisdiction on sale of residential property; rules. (1) If gain on the sale of residential property is taxed under this chapter, the adjusted basis of the property for purposes of this chapter shall be the same as its adjusted basis for federal income tax purposes.

�� (2) A credit against the tax otherwise due under this chapter shall be allowed to the taxpayer for the amount of any taxes imposed on the taxpayer by another state of the United States, a foreign country or the District of Columbia which tax is attributable to gain that is subject to tax as described in subsection (1) of this section.

�� (3) The amount of the credit allowed under subsection (2) of this section may not exceed the amount of the gain taxed by the other taxing jurisdiction multiplied by eight percent.

�� (4) The Department of Revenue shall provide by rule the procedure for obtaining credit provided by subsection (2) of this section and the proof required. The requirement of proof may be waived partially, conditionally or absolutely, as provided under ORS 315.063.

�� (5) Any credit allowed under subsection (2) of this section may not be applied in calculating tax due under this chapter if the tax upon which the credit is based has been claimed as a deduction for Oregon personal income tax purposes, unless the tax is restored to income on the Oregon return. [1979 c.579 �2; 1981 c.705 �2; 1995 c.54 �10; 2001 c.114 �36]

�� 316.110 [1953 c.304 �15; 1953 c.552 �6; 1957 c.582 �1; 1961 c.506 �1; 1963 c.253 �1; repealed by 1969 c.493 �99]

�� 316.111 [1965 c.360 �2; repealed by 1969 c.493 �99]

�� 316.112 [1959 c.211 �2; 1963 c.627 �5 (referred and rejected); repealed by 1969 c.493 �99]

�� 316.113 [1967 c.61 �2; repealed by 1969 c.493 �99]

�� 316.114 [1967 c.449 �2; repealed by 1969 c.493 �99]

�� 316.115 [1953 c.304 �16; 1959 c.555 �1; subsection (4) derived from 1959 c.555 �2; repealed by 1969 c.493 �99]

�� 316.116 Credit for alternative energy device; rules. (1)(a) A resident individual shall be allowed a credit against the taxes otherwise due under this chapter for costs paid or incurred for construction or installation of each of one or more alternative energy devices in or at a dwelling.

�� (b) A credit against the taxes otherwise due under this chapter is not allowed for an alternative energy device that does not meet or exceed all applicable federal, state and local requirements for energy efficiency, including equipment codes, state and federal appliance standards, the state building code, specialty codes and any other standards.

�� (2)(a) For each category one alternative energy device other than an alternative fuel device or an alternative energy device that uses solar radiation for domestic water heating or swimming pool heating, the credit allowed under this section may not exceed the lesser of 50 percent of the cost of the alternative energy device or $1,500, and shall be computed as follows:

�� (A) For a category one alternative energy device that is not an alternative fuel device, the credit shall be based upon the first year energy yield of the alternative energy device that qualifies under ORS 469B.100 to 469B.118. The amount of the credit shall be the same whether for collective or noncollective investment.

�� (B) For each category one alternative energy device for a dwelling, the credit shall be based upon the first year energy yield in kilowatt hours per year multiplied by 60 cents per dwelling utilizing the alternative energy device used for space heating, cooling, electrical energy or domestic water heating.

�� (C) Except as provided in paragraph (c) of this subsection, for each category one alternative energy device used for swimming pool, spa or hot tub heating, the credit shall be based upon the first year energy yield in kilowatt hours per year multiplied by 15 cents.

�� (b) For each alternative fuel device, the credit allowed under this section may not exceed the lesser of 50 percent of the cost of the alternative fuel device or $750.

�� (c) For each category one alternative energy device that uses solar radiation for:

�� (A) Domestic water heating, the credit allowed under this section shall be based upon 50 percent of the cost of the device or the first year energy yield in kilowatt hours per year multiplied by $2, whichever is lower, up to $6,000.

�� (B) Swimming pool heating, the credit allowed under this section shall be based upon 50 percent of the cost of the device or the first year energy yield in kilowatt hours per year multiplied by 20 cents, whichever is lower, up to $2,500.

�� (d)(A) For each category two alternative energy device that is a solar electric system or fuel cell system, the credit allowed under this section may not exceed the lesser of $3 per watt of installed output or $6,000.

�� (B) For each category two alternative energy device that is a wind electric system, the credit allowed under this section may not exceed the lesser of $6,000 or the first year energy yield in kilowatt hours per year multiplied by $2.

�� (3)(a) Notwithstanding subsection (2)(a), (c) or (d) of this section, the total amount of the credits allowed in any one tax year may not exceed the tax liability of the taxpayer or $1,500 for each alternative energy device, whichever is less. Unused credit amounts may be carried forward as provided in subsection (8) of this section, but may not be carried forward to a tax year that is more than five tax years following the first tax year for which any credit was allowed with respect to the category two alternative energy device that is the basis for the credit.

�� (b) Notwithstanding subsection (2)(d) of this section, the total amount of the credit for each device allowed under subsection (2)(d) of this section may not exceed 50 percent of the total installed cost of the category two alternative energy device.

�� (4) The State Department of Energy may by rule provide for a lesser amount of incentive for each type of alternative energy device as market conditions warrant.

�� (5) To qualify for a credit under this section, all of the following are required:

�� (a) The alternative energy device must be purchased, constructed, installed and operated in accordance with ORS 469B.100 to 469B.118 and a certificate issued thereunder.

�� (b) The taxpayer who is allowed the credit must be the owner or contract purchaser of the dwelling or dwellings served by the alternative energy device or the tenant of the owner or of the contract purchaser and must:

�� (A) Use the dwelling or dwellings served by the alternative energy device as a principal or secondary residence; or

�� (B) Rent or lease, under a residential rental agreement, the dwelling or dwellings to a tenant who uses the dwelling or dwellings as a principal or secondary residence.

�� (c) The credit must be claimed for the tax year in which the alternative energy device was purchased if the device is operational by April 1 of the next following tax year.

�� (6) The credit provided by this section does not affect the computation of basis under this chapter.

�� (7) The total credits allowed under this section in any one year may not exceed the tax liability of the taxpayer.

�� (8) Any tax credit otherwise allowable under this section that is not used by the taxpayer in a particular year may be carried forward and offset against the taxpayer�s tax liability for the next succeeding tax year. Any credit remaining unused in the next succeeding tax year may be carried forward and used in the second succeeding tax year, and likewise any credit not used in that second succeeding tax year may be carried forward and used in the third succeeding tax year, and any credit not used in that third succeeding tax year may be carried forward and used in the fourth succeeding tax year, and any credit not used in that fourth succeeding tax year may be carried forward and used in the fifth succeeding tax year, but may not be carried forward for any tax year thereafter.

�� (9) A nonresident shall be allowed the credit under this section in the proportion provided in ORS 316.117.

�� (10) If a change in the taxable year of a taxpayer occurs as described in ORS 314.085, or if the Department of Revenue terminates the taxpayer�s taxable year under ORS 314.440, the credit allowed by this section shall be prorated or computed in a manner consistent with ORS 314.085.

�� (11) If a change in the status of a taxpayer from resident to nonresident or from nonresident to resident occurs, the credit allowed by this section shall be determined in a manner consistent with ORS 316.117.

�� (12) Spouses in a marriage who file separate returns for a taxable year may each claim a share of the tax credit that would have been allowed on a joint return in proportion to the contribution of each. However, a spouse living in a separate principal residence may claim the tax credit in the same amount as permitted a single person.

�� (13) As used in this section, unless the context requires otherwise:

�� (a) �Collective investment� means an investment by two or more taxpayers for the acquisition, construction and installation of an alternative energy device for one or more dwellings.

�� (b) �Noncollective investment� means an investment by an individual taxpayer for the acquisition, construction and installation of an alternative energy device for one or more dwellings.

�� (c) �Taxpayer� includes a transferee of a verification form under ORS 469B.106 (8).

�� (14) Notwithstanding any provision of subsections (1) to (4) of this section, the sum of the credit allowed under subsection (1) of this section plus any similar credit allowed for federal income tax purposes may not exceed the cost for the acquisition, construction and installation of the alternative energy device. [1977 c.196 �8; 1979 c.670 �2; 1981 c.894 �3; 1983 c.684 �14; 1983 c.768 �1; 1987 c.492 �1; 1989 c.626 �6; 1989 c.880 ��9,11; 1995 c.746 �19; 1997 c.325 �41; 1997 c.534 �3; 1999 c.21 �41; 1999 c.623 �1; 2005 c.832 �5; 2007 c.843 �29; 2009 c.909 �47; 2011 c.730 �69; 2012 c.45 �12; 2015 c.629 �41; 2015 c.701 ��26,27; 2016 c.29 �4]

�� Note: Section 5a (1), chapter 832, Oregon Laws 2005, provides:

�� Sec. 5a. (1) A taxpayer may not be allowed a credit under ORS 316.116 if the first tax year for which the credit would otherwise be allowed with respect to an alternative energy device begins on or after January 1, 2018. [2005 c.832 �5a; 2007 c.843 �35; 2009 c.913 �12; 2011 c.83 �16; 2011 c.730 �67(1)]

�� Note: Section 75, chapter 730, Oregon Laws 2011, provides:

�� Sec. 75. The State Department of Energy may not issue certifications for more than $10 million in potential tax credits for third-party alternative energy device installations in any tax year. [2011 c.730 �75]

TAXATION OF NONRESIDENTS

�� 316.117 Proration between Oregon income and other income for nonresidents, part-year residents and trusts. (1) Except as provided under subsection (2) of this section, the proportion for making a proration for nonresident taxpayers of the standard deduction or itemized deductions, the personal exemption credits and any accrued federal or foreign income taxes, or for part-year resident taxpayers of the amount of the tax, between Oregon source income and income from all other sources is the federal adjusted gross income of the taxpayer from Oregon sources divided by the taxpayer�s federal adjusted gross income from all sources. If the numerator of the fraction described in this subsection is greater than the denominator, the proportion of 100 percent shall be used in the proration required by this section. As used in this subsection, �federal adjusted gross income� means the federal adjusted gross income of the taxpayer with the additions, subtractions and other modifications to federal taxable income that relate to adjusted gross income for personal income tax purposes.

�� (2) For part-year resident trusts, the proration made under this section shall be made by reference to the taxable income of the fiduciary. [1969 c.493 �21; 1971 c.672 �1; 1973 c.269 �1; 1975 c.672 �5; 1977 c.872 �5; 1981 c.801 �4; 1983 c.684 �15; 1985 c.141 �5; 1987 c.293 �17; 1999 c.580 �5]

�� 316.118 Pro rata share of S corporation income of nonresident shareholder. (1) The pro rata share of S corporation income of a nonresident shareholder constitutes income or loss derived from or connected with sources in this state as provided in ORS 316.127 (5).

�� (2) In determining the pro rata share of S corporation income of a nonresident shareholder, there shall be included only that part derived from or connected with sources in this state of the shareholder�s distributive share of items of S corporation income, gain, loss and deduction (or item thereof) entering into the federal adjusted gross income of the shareholder, as such part is determined under rules adopted by the Department of Revenue in accordance with the general rules under ORS 316.127.

�� (3) Any modifications, additions or subtractions to federal taxable income described in this chapter that relates to an item of S corporation income, gain, loss or deduction (or item thereof) shall be made in accordance with the shareholder�s pro rata share, for federal income tax purposes of the item to which the modification, addition or subtraction relates, but limited to the portion of such item derived from or connected with sources in this state.

�� (4) A nonresident shareholder�s pro rata share of items of income, gain, loss or deduction (or item thereof) shall be determined under ORS 314.763 (1). The character of shareholder items for a nonresident shareholder shall be determined under ORS

ORS 260.007

260.007.

�� (g) Items of de minimis value relating to a candidate, including but not limited to:

�� (A) Lawn signs, pins, pens and other similar items;

�� (B) Skywriting; or

�� (C) Wearable merchandise.

�� (h) Any other item that the Secretary of State by rule determines is too small to feasibly include the identifying information required by this section.

�� (9) The Secretary of State by rule shall prescribe the form of statements required on communications described in this section. Rules adopted under this subsection must ensure that the information required to be included in communications under this section is:

�� (a) In a font, size and color that are easy for an average person to read, if the communication appears in a print or digital format; and

�� (b) Clearly audible to the average person, if the communication appears in an audio format.

�� (10) As used in this section:

�� (a) �Clearly identified� has the meaning given that term in ORS 260.005 (10)(b).

�� (b)(A) Except as provided in subparagraph (B) of this paragraph, �communication in support of or in opposition to a clearly identified candidate� means:

�� (i)(I) The communication, when taken as a whole and with limited reference to external events, such as the proximity to the election, could only be interpreted by a reasonable person as containing advocacy for the election or defeat of a clearly identified candidate for nomination or election to public office; and

�� (II) The electoral portion of the communication is unmistakable, unambiguous and suggestive of only one meaning; or

�� (ii)(I) The communication involves aggregate expenditures by a person of more than the amount provided in ORS 260.044 (1);

�� (II) The communication refers to a clearly identified candidate who will appear on the ballot; and

�� (III) The communication is printed or transmitted to the relevant electorate within the time frame provided in ORS 260.005 (10)(c)(B)(iii).

�� (B)(i) �Communication in support of or in opposition to a clearly identified candidate� includes but is not limited to communications distributed via print, telephone, radio, television or the Internet.

�� (ii) �Communication in support of or in opposition to a clearly identified candidate� does not include newspaper editorials, printed advertisements with a fair market value of less than $500 or communications made via telephone that have a fair market value of less than $500.

�� (c)(A) �Donation� means the gift or transfer of moneys or any other item of value to a person subject to subsection (2)(c)(A) of this section, including any membership fees, dues or assessments.

�� (B) �Donation� does not include moneys or any other item of value received by a person subject to subsection (2)(c)(A) of this section in the ordinary course of a trade or business conducted by the person.

�� (d) �Local provision� means a charter provision, ordinance, resolution or other provision adopted by a city, county or other local government.

�� 260.268 Campaign communication to disclose use of synthetic media; process to enjoin violation; civil penalty as exclusive remedy; exclusions from disclosure requirement. (1) As used in this section:

�� (a)(A) �Campaign communication� means a communication in support of or in opposition to a clearly identified candidate or measure, as defined in ORS 260.005 (10)(c).

�� (B) Notwithstanding ORS 260.005 (10)(c)(B)(i), a campaign communication may involve aggregate expenditures of any amount.

�� (b) �Synthetic media� means an image, audio recording or video recording of an individual�s appearance, speech or conduct that has been intentionally manipulated with the use of artificial intelligence techniques or similar digital technology in a manner to create a realistic but false image, audio recording or video recording that produces:

�� (A) A depiction that a reasonable person would believe is of a real individual in appearance, speech or conduct but that did not actually occur in reality; and

�� (B) A materially different understanding or impression than a reasonable person would have from the unaltered, original version of the image, audio recording or video recording.

�� (2) A campaign communication that includes any form of synthetic media must include a disclosure stating that the image, audio recording or video recording has been manipulated.

�� (3) The Secretary of State may institute proceedings to enjoin any violation of this section. The Attorney General may institute proceedings to enjoin any violation of this section by the Secretary of State, a candidate for the office of the Secretary of State, or any political committee or person supporting the Secretary of State or a candidate for the office of the Secretary of State. In any action brought under this section, the circuit court may at any time enter such injunctions, prohibitions or restraining orders, or take any other actions as the court may deem proper. A restraining order, prohibition or injunction may be issued under this section without proof of injury or damage to any person. The circuit court shall give priority to the hearing and determination under this section. The court shall award the prevailing party reasonable attorney fees at trial and on appeal.

�� (4) Upon proof of any violation of this section, the court shall impose a civil penalty of not more than $10,000. All penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund.

�� (5) The remedy provided by this section is the exclusive remedy for a violation of this section.

�� (6) This section does not apply to:

�� (a) A provider of an interactive computer service, as defined in 47 U.S.C. 230(f), or an information service, as defined in 47 U.S.C. 153;

�� (b) A radio or television station, including a cable or satellite television operator, programmer or producer, that broadcasts a campaign communication that includes synthetic media as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of a bona fide news event, if the broadcast or publication clearly acknowledges through content or disclosure, in a manner that can be easily heard and understood or read by the average listener or viewer, that there are questions about authenticity in the communication;

�� (c) A radio or television broadcasting station, including a cable or satellite television operator, programmer or producer, an Internet website or an online platform, when the station, website or platform is paid to broadcast or publish a campaign communication that includes synthetic media;

�� (d) A regularly published newspaper, magazine or other periodical of general circulation, including an Internet or electronic publication, or an Internet service or website provider, that publishes a campaign communication that includes synthetic media, if the communication includes a statement that the synthetic media contained therein does not accurately represent a ballot issue or candidate; or

�� (e) Content that constitutes satire, parody or that is substantially dependent on the ability of an individual to physically or verbally impersonate a candidate without the use of technology. [2024 c.62 �1]

�� 260.269 Rules for synthetic media disclosures. The Secretary of State may adopt rules necessary to implement ORS 260.268. [2024 c.62 �4]

�� Note: 260.269 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 260 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 260.270 [Amended by 1957 c.644 �1; 1971 c.749 �44; renumbered 260.462]

�� 260.275 [2019 c.637 �2; repealed by 2024 c.9 �16]

�� 260.280 [Amended by 1957 c.605 �1; 1967 c.630 �1; 1971 c.749 �45; renumbered 260.472]

�� 260.281 [2019 c.637 �3; repealed by 2024 c.9 �16]

�� 260.285 [2019 c.637 �4; 2021 c.473 �10; repealed by 2024 c.9 �16]

�� 260.290 [Repealed by 1957 c.644 �28]

�� 260.300 [Amended by 1957 c.644 �2; repealed by 1971 c.749 �82]

�� 260.305 [Formerly 260.010; repealed by 1973 c.744 �48]

�� 260.310 [Amended by 1971 c.749 �47; renumbered 260.482]

ELECTION OFFENSES

(Administration and Enforcement)

�� 260.315 Distribution of copies of law. (1) The Secretary of State, at the expense of the state, shall make available to the other filing officers copies of this chapter.

�� (2) A filing officer shall make available a copy of this chapter to each candidate or person whom the officer has reason to believe is required to file a statement with the officer under ORS 260.057, 260.076, 260.083, 260.112 or 260.118. [Formerly

ORS 273.150

273.150; 1969 c.594 �23]

�� 273.305 [Formerly 273.560; 1967 c.421 �78; renumbered 273.521]

�� 273.306 Execution and record of deeds. (1) Upon full payment of the purchase price and any accrued interest thereon the Director of the Department of State Lands shall execute a deed to the purchaser in a form prescribed by the rules of the Department of State Lands.

�� (2) The department shall maintain appropriate records of all deeds issued under this section. [Formerly 273.160]

�� 273.310 [Formerly 273.570; 1967 c.421 �79; renumbered 273.525]

�� 273.311 Correction of deeds; refund of purchase price; refund to assignee of certificate of sale issued on fraudulent application. (1) In all cases where clerical errors have been made in deeds for any state lands sold, upon satisfactory proof and if the rights of innocent parties have not intervened, the Director of the Department of State Lands may execute corrected deeds to the holders thereof.

�� (2) Where lands, other than submersible lands and unsurveyed or unpatented swamp lands have been sold and the state cannot convey title to the purchaser, the Department of State Lands shall repay the purchaser, or the heirs or assigns of the purchaser, all sums which may have been paid to the department on the purchase price of the lands, including the interest paid upon deferred payments, upon the presentation of a proper application for repayment, satisfactory proof and the surrender of the certificate; or if deed has been issued, upon reconveyance by executed and recorded quitclaim deed of whatever title or color of title was received from the state.

�� (3) Where a certificate of sale has been issued by the department upon a fraudulent application and the certificate is held by assignment by a third party who had no knowledge of the fraud at the time of assignment, the department may refund to the holder such sums as were paid the department on the purchase price of the lands covered by the certificate, including the interest paid upon deferred payments, upon the holder making proper application to the department for repayment and surrendering for cancellation the certificate and assignment. [Formerly

ORS 274.050

274.050]

�� 273.902 Confirmation of title to swamp and overflow lands; deed to claimant. (1) All the rights and title of the State of Oregon to the swamp and overflowed lands of this state, and claimed by persons who have completed settlement thereon, or who may hereafter complete settlement under the provisions of the preemption or homestead laws of the United States, and have obtained a patent or certificate of final proof therefor, hereby are granted and confirmed unto such claimant, or the heirs or assigns of the claimant, respectively.

�� (2) Upon application of any such claimant to the Department of State Lands, with proof of claim evidenced by United States patent or final certificate of proof of settlement and payment, issued from the United States Land Office, the department shall execute and deliver to such claimant, without charge, a quitclaim deed of the state�s right and title to the lands so claimed. [Formerly

ORS 274.412

274.412. [1995 c.471 �6; 2025 c.164 �3]

�� 274.410 [Renumbered 274.525]

�� 274.412 Judicial review of declaration of state�s claim. Any person who is aggrieved by a declaration of the State Land Board made pursuant to ORS 274.406 may seek judicial review of the declaration in the manner provided in ORS chapter 183 for judicial review of final orders in other than contested cases. For purposes of ORS 183.484 (2), the date three days after the date of mailing of notice under ORS 274.408 (2) shall be considered the date the order is served on the owner. [1995 c.471 �7]

�� 274.420 [Amended by 1967 c.421 �100; renumbered 274.025]

�� 274.425 Definition for ORS 274.430 to 274.520. As used in ORS 274.430 to 274.520, �meandered lake� means a lake wholly or partly within this state that has been meandered by the United States surveys. [1967 c.421 �131]

�� 274.430 State ownership of meandered lakes; status as navigable and public waters. (1) All meandered lakes are declared to be navigable and public waters. The waters thereof are declared to be of public character. The title to the submersible and submerged lands of such meandered lakes, which are not included in the valid terms of a grant or conveyance from the State of Oregon, is vested in the State of Oregon.

�� (2) ORS 274.430 to 274.450 shall not apply to any nonnavigable lakes lying within the boundaries of any duly organized and incorporated drainage district which was in existence on January 1, 1921.

�� (3) Nothing in this section impairs the title of any upland or riparian owner to or any vested rights in land which was added prior to May 25, 1921, by natural accretion or reliction to the lands of such upland owner. [Amended by 1967 c.421 �132]

�� 274.440 Acquisition of future rights to meandered lakes denied; extension of riparian ownership; lands overflowed by high water. (1) There are no vested rights in or to any future accretion or reliction to the lands of any upland or riparian owner on any meandered lake. No person shall acquire any right, title or interest in or to the submerged or submersible lands of any such lakes, or any part thereof, by reliction, accretion or otherwise, or by reason of the lowering or drainage of the waters of such lakes, except as provided by statute.

�� (2) Upon drainage of meandered lakes, the title of owners of land riparian to such lakes drained under any law shall extend to so much of the submersible and submerged lands reclaimed by such drainage as is required to fill out the least fractional subdivision or subdivisions of any section owned by such riparian owners and which is rendered fractional by the meander line of such lake; and the title of such owners shall be so limited when the receding lake waters, because of such drainage, uncover the submersible and submerged lands. Where by reason of natural accretion or reliction such fractional subdivision or subdivisions of such upland owners were filled out thereby prior to May 25, 1921, such upland owners shall hold to the line of such lands as extended by the natural accretion or reliction.

�� (3) Submersible and submerged lands covered at ordinary high water at ordinarily recurring seasons by the waters of meandered lakes, or from which the waters of any such lakes have not at ordinarily high water permanently receded, are not considered to be accreted or relicted lands, but the same and all accretions and relictions occurring or formed over any of the lands of the State of Oregon, as provided by ORS 274.430, are the property of the State of Oregon, and may be by it leased, sold or managed in the manner provided by law. [Amended by 1967 c.421 �133]

�� 274.450 Acquisition of riparian rights by department. The Department of State Lands may acquire by purchase, gift, condemnation or otherwise, any riparian rights which may, by any court of competent jurisdiction, be held to be owned by or vested in any upland or riparian owner on any meandered lakes, and may institute such suits or actions as may be necessary in such condemnation proceedings. [Amended by 1967 c.421 �134]

�� 274.460 Settler�s and riparian owner�s preferential right to purchase land within meander lines. All persons qualified to become entrymen and to secure land patents under the homestead laws of the United States and who prior to January 1, 1921, in good faith settled upon lands within the meander lines of lakes returned as navigable by the United States surveys and who, on January 1, 1921, by reason of settlement, cultivation and improvements on any such lands would be entitled to patent from the United States if such lands were open or subject to homestead entry are given a preference right to purchase from the State of Oregon such lands so settled upon by them, not exceeding 160 acres for any one person, upon such terms and at such prices and within such times as shall be fixed by the Department of State Lands. However, owners of the upland bordering upon such ordinary high water mark have a preference right to purchase, at the best price bid, state lands described in ORS 274.430 and riparian to their lands, and not exceeding 160 acres, in addition to the lands granted them by ORS 274.430 and 274.440. [Amended by 1967 c.421 �135]

�� 274.470 Settler�s right to deed to land within meander lines; preferential right to additional land; tacking by successive settlers. (1) Any person who in good faith settled upon lands within the meander lines of any meandered lake and who, on January 1, 1921, actually resided thereon, who maintained residence thereon for at least five years immediately prior to such date, and who complied with the requirements of settlement, residence, cultivation and improvement, specified for homestead entrymen under the homestead laws of the United States, and which would be sufficient to acquire title by patent if such lands were subject to homestead entry by qualified entrymen, upon proof of such facts to the satisfaction of the Department of State Lands:

�� (a) Is entitled to a deed from the state, conveying and granting such lands not exceeding 160 acres without cost; and

�� (b) Has a preferential right to purchase from the State of Oregon 160 acres of additional lands, chiefly valuable for agricultural purposes.

�� (2) Any person who did not reside on any lands described in subsection (1) of this section for five years immediately prior to January 1, 1921, but who purchased the improvement or possessory rights or claims of a prior occupant, and whose residence and possession when tacked to that of such prior occupant extended for a period of not less than five years immediately prior to such date, shall have a preferential right to purchase such lands, not exceeding 160 acres, the price of which shall be fixed without reference to the value of the improvements thereon. [Amended by 1967 c.421 �136]

�� 274.480 Rights of riparian owners on Malheur and Mud Lakes. The owners of lands riparian to Malheur and Mud Lakes, in Harney County, Oregon, shall be granted title to so much of the lands within the meander lines of such lakes as is required to fill out the least fractional subdivision or subdivisions of any section owned by such upland owners, and which is rendered fractional by the meander line of such lakes, in addition to the rights recognized by ORS 274.430 to 274.460 to any natural accretion or reliction added to the lands of such upland owners prior to May 24, 1923. Owners of any upland bordering upon such meander lines shall have a preferential right to purchase, in addition, 160 acres of such state lands, chiefly valuable for agricultural purposes. [Amended by 1967 c.421 �137]

�� 274.490 Settlement of conflicting preferential rights. Settlers within the meander line of any meandered lake have the first preferential right, and the Department of State Lands shall, so far as practicable, work out the various preferential rights by securing to each, all the lands which would be most advantageously used by such several persons. In case of conflict, the department shall give the parties a reasonable time in which to agree, and if they cannot agree, the department shall decide the matter and make conveyances as it considers equitable, and its decision in the matter shall be final. The department shall fix the time within which such preferential rights shall be exercised. [Amended by 1967 c.421 �138]

�� 274.500 Conveyance of compact area; prices; maximum acreage. (1) All of the lands referred to in ORS 274.470 and 274.480 granted or conveyed by the state, shall be granted and conveyed in a reasonably compact area, to be determined by the Department of State Lands.

�� (2) All sales of such state lands shall be at prices fixed by the department, and no more than 320 acres shall be sold or conveyed to any one person. [Amended by 1967 c.421 �139]

�� 274.510 Lake bed lands claimed by the United States. (1) If the federal government claims title or interest in any lands referred to in ORS 274.470 or 274.480 the same shall not be conveyed or otherwise disposed of, or preferential right therein accrue until such claim is settled. The Department of State Lands may enter into such agreements with the federal government affecting such lands as it deems best in the interest of the public, and make such deeds and conveyances to the United States in consideration of the issuance of such patents by the United States to the State of Oregon of such lands within the meander lines of any such lakes as the department and the federal government agree.

�� (2) Nothing in this section is a recognition of any title or interest in the United States within the meander lines of any meandered lake to any lands or waters of any such lake prior to the execution and delivery of a deed or conveyance from the State of Oregon as provided for in this section.

�� (3) In carrying out such agreements the department may utilize the proceeds from the sale of such lands in which title or interest is claimed by the federal government. This section does not authorize the department or any other state agency to enter into any agreement which will divest any person of any water rights acquired under the laws of this state or otherwise. [Amended by 1967 c.421 �140]

�� 274.520 Acceptance of deed to lake bed lands as precluding any other claim. Any person who elects to take any deed from the State of Oregon under ORS 274.430 to 274.520 to any lands within the meander lines of a lake takes the same in lieu of any claim to any other lands within the meander line of such lake in which such deeded lands lie, and shall not thereafter maintain in any court any claim to any lands inside the meander line of such lake other than to the lands conveyed to such person by deed from the state under ORS 274.430 to 274.520 or which such person acquires in good faith from a grantee or purchaser from the State of Oregon under such statutes. [Amended by 1967 c.421 �141]

�� 274.523 [1967 c.421 �143; repealed by 1969 c.594 �63]

(Removing Materials)

�� 274.525 City use of stream bed material. (1) Any city of the State of Oregon bordering on a navigable stream may dredge out and use material from submersible and submerged lands of the stream, owned by the State of Oregon and in front of such city, for the purpose of filling in or reclaiming the submersible lands within such city, under the rules of the Department of State Lands. The consent of the appropriate agency of the United States Government shall be first obtained by such city.

�� (2) Any contractor who has entered into a contract with any such city to fill in or reclaim any of its submersible lands may dredge and use such material in the same manner as may be done by such city. [Formerly 274.410; 1967 c.421 �145; 1969 c.594 �43]

�� 274.530 Lease or license of stream beds for removal of material; rules for measurement of volume removed. (1) The Department of State Lands may, after notice of competitive bidding, and following such competitive bidding, lease or license submersible and submerged lands of navigable streams owned by the State of Oregon for the purpose of removing material therefrom. Competitive bid requirements may be waived for leases of less than one year�s duration. No lease shall be made for a lump sum but only on a basis of the price per cubic yard or ton for the material removed.

�� (2) The department may prescribe by rule the manner in which the volume in cubic yards or the weight in tons for the material removed shall be determined.

�� (3) Notwithstanding subsections (1) and (2) of this section, the department may enter into a license for the removal of material from submersible and submerged lands of navigable streams owned by the State of Oregon based on a competitive market rate that reflects fair market value.

�� (4) The department shall, prior to any competitive bidding notice, establish prebid qualifications that include but are not limited to the following:

�� (a) The minimum yardage amount of material that must be removed for each year for which the lease is valid.

�� (b) Evidence that all bidders have an established market, as provided by each bidder. [Amended by 1961 c.509 �2; 1961 c.676 �3; 1967 c.421 �144; 1967 c.567 ��15, 15a; 1971 c.509 �1; 1995 c.113 �1]

�� 274.540 [Amended by 1953 c.181 �2; 1961 c.509 �3; 1961 c.676 �4; 1967 c.421 �45; renumbered 273.225]

�� 274.550 Removal of material without payment of royalties; eligible material and uses. (1) A person may remove material from submersible and submerged lands owned by the State of Oregon without payment of royalties to the Department of State Lands if the material is:

�� (a) Removed for channel or harbor improvement or flood control;

�� (b) Used for filling, diking or reclaiming land owned by the state or any political subdivision as defined in ORS 271.005 and located not more than two miles from the bank of the stream;

�� (c) Used for the creation, maintenance or enhancement of fish or wildlife habitat;

�� (d) Used for the maintenance of public beaches; or

�� (e) Contaminated with hazardous material, as defined in ORS 466.605, provided that the person gives the department written notice of the removal at least 30 days prior to disposal.

�� (2) A person does not have to pay royalties to the state for the following uses of material, if the person provides at least 30 days� written notice to the department of the intended use:

�� (a) The filling of any property up to an elevation of one foot above the line of ordinary high water of a waterway by a state agency or political subdivision, as defined in ORS 271.005.

�� (b) The material is used solely for a public purpose by a political subdivision, as defined in ORS 271.005.

�� (3) A person may not remove any material from the place it was first deposited or use the material as an article of commerce without providing, prior to the removal of the material, written notification to the department and payment of any royalties for the material as determined by the department.

�� (4) In addition to the purposes enumerated in subsection (1) of this section, any person may take material for the exclusive use of the person to the extent of not more than 50 cubic yards or the equivalent weight in tons in any one year. However, before taking the material, the person shall first notify the department.

�� (5) Upon the removal of material from submersible or submerged lands not exempt from the payment of royalties, royalties in an amount established by the department must be paid to the department.

�� (6) For purposes of this section:

�� (a) �Article of commerce� means any material, other than material used for upland disposal or contaminated material put to beneficial use, that is bought, sold or exchanged in any manner for goods or services and that otherwise would have to be acquired from alternative sources.

�� (b) �Reclaiming land� means raising the elevation of a portion of land within a 100-year floodplain to not more than one foot of elevation higher than the highest elevation of the 100-year floodplain, or protecting land otherwise in the 100-year floodplain by the construction of dikes or other flood control improvements. [Amended by 1961 c.149 �1; 1961 c.676 �5; 1967 c.421 �146; 1969 c.594 �44; 1971 c.509 �3; 1981 c.787 �53; 2003 c.465 �1]

�� 274.560 Lease terms; bond or security; prohibited lease or purchase option; monthly reports and payments; rules. (1) The Department of State Lands may enter into contract of lease for purposes of ORS 274.525 to 274.590 with such stipulations protecting the interest of the state as the department may require, and may require a bond with a surety company authorized to transact a surety business in this state, as surety, or other form of security, to be given by the lessee for performance of such stipulations, and providing for forfeiture for nonpayment or failure to operate under the contract. No contract shall be entered into giving any person an option of leasing or purchasing the property of the State of Oregon. The lessee in all such contracts shall report monthly to the department the amount of material taken under the contract and pay to the department the amount of royalty thereon provided in the contract.

�� (2) The department shall adopt rules to establish criteria to determine when security is required. [Amended by 1965 c.375 �1; 1967 c.421 �147; 1969 c.594 �45; 1991 c.264 �1]

�� 274.570 [Amended by 1967 c.421 �106; renumbered 274.035]

�� 274.580 [Amended by 1961 c.509 �4; 1967 c.421 �46; renumbered 273.231]

�� 274.590 Cooperation with Washington authorities respecting removal of material from bed of Columbia River. The Department of State Lands shall cooperate with the proper authorities of the State of Washington in contracting for, receiving and collecting royalties or other revenues for the taking of material from the submersible and submerged lands of the Columbia River and enter into such agreements as may be advisable or necessary with such officers of the State of Washington for the division of such royalties. [Amended by 1967 c.421 �148]

�� 274.600 [Amended by 1967 c.33 �1; 1967 c.421 �47; 1967 c.567 �16; renumbered 273.235]

�� 274.605 [Amended by 1967 c.421 �48; renumbered 273.241]

EXPLORATION FOR MINERALS

�� 274.610 Prohibited contracts for exploration for hard minerals; scientific research. (1) The Department of State Lands shall not enter into contracts for governmental or private development or exploration for hard minerals on state-owned submersible and submerged lands within the territorial sea and navigable bays that are subject to the jurisdiction of the department.

�� (2) Nothing in this section shall be considered to prohibit scientific research conducted by or on behalf of an academic institution or a government agency.

�� (3) As used in subsection (1) of this section, �hard minerals� includes but is not limited to natural deposits or mineral sources of gold, silver, copper, lead, iron, manganese, silica, chrome, platinum, tungsten and zirconium. �Hard minerals� does not include oil, gas or sulfur deposits subject to ORS 274.705 to 274.860.

�� (4) As used in this section:

�� (a) �Exploration� means any activity the principal purpose of which is to define, characterize or evaluate hard mineral deposits for possible commercial development or production.

�� (b) �Scientific research� means any activity the principal purpose of which is to improve scientific or technical understanding of earth, ocean or atmospheric processes, hazards and resources and for which the data generated are nonproprietary or public. [1991 c.217 �1]

�� Note: 274.610 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 274 by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 274.611 [1967 c.421 �150; 1987 c.300 �1; repealed by 1991 c.217 �6]

�� 274.615 [1961 c.703 ��1,13; 1967 c.421 �151; 1987 c.300 �2; repealed by 1991 c.217 �6]

�� 274.620 [1961 c.703 �2; 1965 c.375 �2; 1967 c.421 �152; 1969 c.594 �46; 1987 c.300 �3; repealed by 1991 c.217 �6]

�� 274.625 [1961 c.703 �3; 1967 c.421 �153; 1987 c.300 �4; repealed by 1991 c.217 �6]

�� 274.630 [1961 c.703 �4; 1967 c.421 �154; 1987 c.300 �5; repealed by 1991 c.217 �6]

�� 274.635 [1961 c.703 ��5,8 and 12; 1967 c.421 �155; 1987 c.300 �6; repealed by 1991 c.217 �6]

�� 274.640 [1961 c.703 ��7,10; 1967 c.421 �156; 1987 c.300 �8; repealed by 1991 c.217 �6]

�� 274.645 [1961 c.703 �11; 1967 c.421 �157; repealed by 1987 c.300 �10]

�� 274.650 [1961 c.703 �6; repealed by 1967 c.421 �206]

TIDAL SUBMERGED AND SUBMERSIBLE LANDS

(General Provisions)

�� 274.705 Definitions for ORS 274.705 to 274.860. As used in ORS 274.705 to 274.860, unless the context requires otherwise:

�� (1) �Development� includes geophysical activity, drilling, platform construction, pipeline construction, operation of onshore support facilities and any other activities undertaken following the discovery of oil, gas or sulfur, the principal purpose of which is to prepare for the ultimate production of the oil, gas or sulfur.

�� (2) �Exploration� means any activity the principal purpose of which is to define, characterize or evaluate oil, gas or sulfur resources for possible commercial development or production.

�� (3) �Filled lands� includes submerged and submersible lands reclaimed artificially through raising such lands above the highest probable elevation of the tides to form dry land, by placement of a fill or deposit of earth, rock, sand or other solid imperishable material.

�� (4) �Gas� means all natural gas and all other fluid hydrocarbons not defined as oil in subsection (6) of this section, including condensate originally in the gaseous phase in the reservoir.

�� (5) �Lease� means an oil, gas and sulfur lease issued pursuant to ORS 274.705 to 274.860.

�� (6) �Oil� means crude petroleum oil and all other hydrocarbons, regardless of gravity, which are produced in liquid form by ordinary production methods, but does not include liquid hydrocarbons that were originally in a gaseous phase in the reservoir.

�� (7) �Person,� in addition to the meanings defined by ORS 174.100, includes quasi-public corporations, political subdivisions and governmental agencies and instrumentalities.

�� (8) �Production� means any activity the principal purpose of which is to engage in, monitor or conduct operations or maintenance related to the active extraction and transportation of oil, gas or sulfur from tidal submerged lands.

�� (9) �Structure� means any construction works, including but not limited to derricks, pipelines, lines for the transmission and distribution of electricity, telephone lines, wharves, piers, slips, warehouses and units designed to act as groins, jetties, seawalls, breakwaters or bulkheads.

�� (10) �Territorial sea� has the meaning given that term in ORS 196.405.

�� (11) �Tidal submerged lands� means lands lying below the line of mean low tide in the beds of all tidal waters within the boundaries of this state as heretofore or hereafter established. [1961 c.619 �1; 1967 c.421 �158; 2019 c.14 �2]

�� 274.710 Jurisdiction of department over tidal submerged lands; easements; leases for oil, gas and sulfur. (1) The Department of State Lands has exclusive jurisdiction over all ungranted tidal submerged lands owned by this state, whether within or beyond the boundaries of this state, heretofore or hereafter acquired by this state:

�� (a) By quitclaim, cession, grant, contract or otherwise from the United States or any agent thereof; or

�� (b) By any other means.

�� (2) All jurisdiction and authority remaining in the state over tidal submerged lands as to which grants have been or may be made is vested in the department.

�� (3) Notwithstanding ORS 273.551, the department shall administer and control all tidal submerged lands described in subsections (1) and (2) of this section under its jurisdiction, and may lease such lands and submersible lands and dispose of oil, gas and sulfur under such lands and submersible lands in the manner prescribed by ORS 274.705 to 274.860. However, submerged and submersible lands lying more than 10 miles easterly of the 124th West Meridian shall be subject to leasing for oil, gas and sulfur under ORS 273.551, rather than under ORS 274.705 to 274.860.

�� (4) Notwithstanding any other provision of ORS 274.705 to 274.860, the department may not permit any interference other than temporary interference with the surface of the ocean shore, as defined in ORS 390.615. The department may, however:

�� (a) Grant easements underlying that part of the surface of the ocean shore owned by the state at such times and at such places as the department finds necessary to permit the extraction and transportation of oil, gas or sulfur from state, federal or private lands; and

�� (b) Issue oil and gas leases underlying the ocean shore under the same terms and conditions as provided in ORS 274.705 to 274.860. [1961 c.619 �2; 1967 c.421 �159; 2005 c.22 �197]

�� 274.712 Limitations on leasing submerged and submersible lands within territorial sea. (1) Notwithstanding any other provision of ORS 274.705 to 274.860 or 520.240, the Department of State Lands is prohibited from leasing any of the submerged and submersible lands within the territorial sea for:

�� (a) The exploration, development or production of oil, gas or sulfur in the territorial sea; or

�� (b) Activities in furtherance of the exploration, development or production of oil, gas or sulfur within federal waters adjacent to the territorial sea.

�� (2) The provisions of subsection (1) of this section do not apply:

�� (a) To exploration for scientific or academic research purposes, or geologic survey activities of the State Department of Geology and Mineral Industries.

�� (b) In the event the Governor determines that an oil embargo substantially affects the supply of oil to the United States.

�� (3) Any exploration for oil, gas or sulfur in the territorial sea allowed under ORS

ORS 274.600

274.600]

�� 273.240 [Renumbered 271.375]

�� 273.241 Action to recover damages for unlawful removal of material. (1) Removal of material from any property of the State of Oregon under the control of the Department of State Lands by any person without lawful authority is a trespass for which the state, in addition to any action commenced under ORS 273.990, may also commence an action for damages. If damages are assessed against the defendant in any such action, the state shall be awarded double the amount of damages assessed if the trespass is willful. Proof by the state of its ownership of the premises is prima facie evidence that the trespass, if committed, was willful.

�� (2) Any action under subsection (1) of this section must be commenced within six years from the date of the trespass or the date on which the trespass is discovered by the state, whichever last occurs. [Formerly 274.605]

MANAGEMENT AND DISPOSITION OF REAL ESTATE

�� 273.245 Asset management plan; schedule for disposition. Not later than January 1, 1996, the State Land Board shall adopt an asset management plan in accordance with this section to guide management and disposition of real estate under the board�s jurisdiction. The Department of State Lands shall provide a report to each odd-numbered year regular session of the Legislative Assembly on the progress of implementing the asset management plan. The asset management plan required by this section shall provide a schedule for disposition of state lands when the proper disposition, as determined, involves the sale, exchange or transfer of management responsibility from the Department of State Lands to other entities. [1995 c.589 �7; 2011 c.545 �35]

�� 273.247 Disposal of isolated parcels of rangeland; sale procedure. (1) The State Land Board, by and through the Department of State Lands or other agency acting on behalf of the State Land Board, shall dispose of isolated parcels of land classified as rangeland by the board in a manner consistent with the asset management plan adopted under ORS 273.245 and the board�s trust responsibilities.

�� (2) As used in this section, �isolated parcel� means:

�� (a) Land largely surrounded by land not owned by the board or not contiguous to other larger tracts of state land; or

�� (b) Land determined by the board to be difficult or uneconomical to manage due to access, location, isolation, low production value or similar factors.

�� (3) To the extent consistent with the board�s trust obligations and ORS 273.413, the department or other agency acting on behalf of the board shall establish a sale procedure for isolated parcels of rangeland that is efficient and cost-effective. [1995 c.589 �8]

�� 273.250 [Amended by 1967 c.421 �87; renumbered 273.705]

SALE OF STATE LANDS

�� 273.251 Classification of state lands. Unless the context or a specially applicable definition requires otherwise, state lands are classified as follows:

�� (1) �Agricultural college lands.� Lands granted to the state by the Act of July 2, 1862 (12 Stat. 503), and otherwise, for the support and maintenance of Oregon State University.

�� (2) �Farmlands.� Lands acquired by deed, gift, operation of law, or by the foreclosure of mortgages taken to secure loans from the common school, agricultural college, university or other funds.

�� (3) �Indemnity lands.� Lands selected to satisfy losses in sections 16 and 36, as provided by sections 851 and 852 of title 43, United States Code, as amended, or any other laws of the United States.

�� (4) �School lands�:

�� (a) Sections 16 and 36 in each township granted to the state by the Act of February 14, 1859 (11 Stat. 383).

�� (b) Lands selected for internal improvements under the Act of September 4, 1841 (5 Stat. 455), and diverted for common schools with the consent of Congress by the Joint Resolution of February 9, 1871 (16 Stat. 595).

�� (c) Lands selected for capitol building purposes under the Act of February 14, 1859 (11 Stat. 383).

�� (d) Lands included in the South Slough National Estuarine Research Reserve as described in ORS 273.553 (1)(a).

�� (5) �Swamp lands.� Lands claimed by the state under the Act of September 28, 1850 (9 Stat. 519), and extended to the State of Oregon by the Act of March 12, 1860 (12 Stat. 3).

�� (6) �Submerged lands.� Lands defined as submerged by ORS 274.005.

�� (7) �Submersible lands.� Lands defined as submersible by ORS 274.005.

�� (8) �University lands.� Lands granted to the state under the Act of February 14, 1859 (11 Stat. 383), for the support and maintenance of the University of Oregon. [Formerly

ORS 275.120

275.120, 275.140 to 275.160 and 275.180 to 275.260. [Amended by 1981 c.602 �1; 1983 c.537 �1; 2001 c.649 �1]

�� 275.040 Conveyance pursuant to ORS 275.030. The conveyance transferring the real estate sold pursuant to ORS 275.030 to the purchaser thereof shall contain the date of the order authorizing such sale and the page and journal where the order is entered. The conveyance shall be signed by the county judge or the chairperson of the board of county commissioners and acknowledged in the manner provided by law for acknowledgment of other conveyances of real estate. A conveyance so made conveys all the interest of the county in the property described therein. [Amended by 1983 c.537 �2]

�� 275.050 [Repealed by 1983 c.537 �7]

�� 275.060 Authority to exchange lands offered for sale and not sold. (1) Except as otherwise provided by statute, the governing body of a county may exchange county land of any character, which has first been offered for sale but not sold for want of a satisfactory bid, for other lands of equal value to which the owner thereof can give clear title and which are free of all liens and encumbrances.

�� (2) Exchanges may be effected between the county and an individual, partnership or corporation. Thirty days prior to the consummation of the exchange, notice of intention to exchange, setting forth the legal description of the property to be exchanged, together with the appraised value as recently determined by the governing body of the county and the legal description of the property to be acquired in exchange, shall be published for two successive weeks in a newspaper of general circulation in the county. At any time before an exchange is actually made, written objection thereto may be filed by any interested person and the governing body of the county shall consider any such objection, and at its discretion may conduct hearings thereon. If, after duly considering such objection, the governing body of the county still deems that the proposed exchange is for the best interests of the county, the governing body may proceed with the exchange and its determination in that respect shall be final.

�� (3) Lands received by the county in exchange may be sold, leased or exchanged the same as might have been done with the lands originally exchanged. [Amended by 2005 c.243 �10]

�� 275.070 Sale or donation to United States, state, government corporation or Indian tribe; procedure. (1) Any county governing body may grant an option to purchase, contract to sell, sell and convey, or donate any real property owned by the county, including real property acquired pursuant to tax foreclosure proceedings, at such price and on such terms as the county governing body may deem to be for the best interests of the county to:

�� (a) The United States;

�� (b) The State of Oregon;

�� (c) A corporation, the majority of whose capital stock is owned by the United States; or

�� (d) An eligible Indian tribe, as defined in ORS 307.181.

�� (2) The resolution of the county governing body to grant an option to purchase, contract to sell, sell and convey, or donate described in subsection (1) of this section must be entered by the governing body upon its journal and any option to purchase, contract to sell, sale and conveyance, or donation executed pursuant to this section must be signed on behalf of the county by the county judge or the chairperson of the board of county commissioners and acknowledged in the manner prescribed by law.

�� (3) The county governing body may receive as partial or full consideration for any sale or conveyance under this section, other real property or stumpage at a value determined by inspection and appraisal made by the county governing body or by a board of three appraisers appointed by the governing body. [Amended by 1983 c.537 �3; 2015 c.354 �1]

�� 275.080 Sale of county lands for public water supply purposes; procedure; title to land and timber. (1) The governing body of a county may sell in the manner provided for sale of county land under ORS 275.120, 275.140 to 275.160 and 275.180 to 275.260, and convey to any person or corporation impounding and selling water to the public, any lands acquired by such county through foreclosure of tax liens or otherwise, when, in the discretion of the governing body of the county, the conveyance is necessary for the preservation or protection of any watershed from which water is being impounded and sold to the public by such person or corporation.

�� (2) Legal title to timber on such lands shall remain in the county and such timber shall not be removed therefrom except with the express written consent of and under the direct supervision of the State Board of Forestry.

�� (3) Should any such lands so conveyed cease to be used to preserve and protect the watershed for which it was conveyed, or if the person or corporation does not take water from the watershed for a period of one year, legal title to such land shall immediately revert to and revest in the county without the necessity of reentry. [Amended by 1981 c.602 �2; 2005 c.243 �11]

�� 275.088 Sale to certain county officers or employees of real property acquired by foreclosure of tax lien; disposition of real property or proceeds of sale of real property acquired by ineligible purchaser. (1) As used in this section:

�� (a) �Actual conflict of interest� has the meaning given that term under ORS 244.020.

�� (b) �Bona fide purchaser� means a purchaser of a fee simple interest in a single property who acquires the property in an arm�s-length transaction and for fair market value and adequate consideration.

�� (c) �Discretionary action� means an action committed to the sound judgment and conscience of a county officer or a county employee, acting in the official capacity of the officer or employee.

�� (d) �Ministerial action� means an action requiring obedience to specific instructions or law and allowing little or no discretion in its implementation.

�� (2) An elected or appointed county officer as described in ORS 204.005, a family member of the officer or an intermediary of either may not purchase from the county, directly or indirectly, real property obtained by foreclosure of delinquent tax liens.

�� (3) A county employee not included under subsection (2) of this section, a family member of the county employee or an intermediary of either may not purchase from the county, directly or indirectly, real property obtained by foreclosure of delinquent tax liens if the county employee has an actual conflict of interest related to the real property. An actual conflict of interest may be created under this section by the discretionary action of a county employee related to the foreclosure, sale or transfer of the real property by the county, but is not created by the ministerial action of the county employee.

�� (4) In addition to and not in lieu of a penalty or sanction that may apply under ORS chapter 244 or otherwise, if real property is purchased in violation of this section, the county officer or employee shall:

�� (a) Transfer the real property to the county for the amount paid for the property less an amount for expenses incurred by the county; or

�� (b) If the real property has been transferred by the county officer or employee to a bona fide purchaser, transfer to the county the amount received for the sale to a bona fide purchaser less the amount paid to obtain the property from the county. [2001 c.180 �2]

�� 275.090 Powers of county as to lands acquired on foreclosure of tax liens, or by exchange, devise or gift. The governing body of each county shall have the following powers and duties with respect to all lands acquired by the county by foreclosure of delinquent tax liens, or by exchange, devise or gift:

�� (1) To protect such lands from fire, disease and insect pests, to cooperate with the United States of America, the State of Oregon, and with the agencies of both, with persons owning lands within such counties, and with other counties of the State of Oregon in the protection of such county-owned lands and to enter into all agreements necessary or convenient therefor.

�� (2) To sell, exchange, and lease such lands or any portion of or interest in the same less than the whole fee.

�� (3) To grant easements and rights of way over, through and across such lands.

�� (4) To reforest cut-over or burned-over timberlands and to cooperate with the United States of America, the State of Oregon and the agencies of both, and with other counties of the State of Oregon, and with persons, firms and corporations owning timberlands within such county in such reforestation and to make all agreements necessary or convenient therefor.

�� (5) To make all rules and regulations, not inconsistent with law, necessary or convenient for the protection, administration, operation, conveyance, leasing and acquisition of lands.

�� (6) To employ such assistance as may be necessary to carry out the provisions of ORS 275.090 to 275.316 and to cooperate with other counties in this state in such employment. [Amended by 1969 c.595 �10; 2005 c.243 �12]

�� 275.100 [Repealed by 2005 c.243 �33]

�� 275.105 Acquisition by county of 90 percent of the lots in a plat for taxes and purchase of remaining lots; vacation of whole plat. If any county has bid in and acquired for taxes and has received a deed for not less than 90 percent of the number of the lots in any addition or subdivision or plat, and if it considers it wise so to do, the governing body of the county shall, by order duly made and entered, authorize the purchase of such remaining lots from the owners or may exchange for the lots other lots owned by such county. Upon acquiring title to all the lots in any addition or subdivision or plat, it may enter an order vacating the whole of such addition, subdivision or plat. If any remaining lots are purchased by the county pursuant to this section, the purchase price of the lots shall not be greater than the real market value of the lots, and if other lots are exchanged for the remaining lots, those lots shall be accepted in full payment of the purchase price of the lots for which they are exchanged. [Amended by 1981 c.804 �78; 1991 c.459 �372; 2005 c.243 �13]

�� 275.110 Order to sell certain county lands; exception. (1) When the governing body of a county considers it to be for the best interests of the county to sell any real property acquired in any manner by such county, or any interest therein less than the whole fee, it shall enter an order upon its records directing the sheriff to make sale thereof, and fix the minimum price for which each interest, parcel or group of parcels may be sold and the conditions and terms of sale. The order may be amended from time to time or revoked as the governing body deems proper.

�� (2) Subsection (1) of this section and ORS 275.120 to 275.160 do not apply to the sale of any real property to any other public body or to the sale of any real property that is an industrial facility as defined by ORS 271.510. The sale of industrial facilities shall be made in the manner provided by ORS 271.510 to 271.540. [Amended by 1981 c.602 �3; 1983 c.494 �2; 1983 c.537 �4; 1983 c.740 �72; 1985 c.565 �43; 2005 c.243 �14]

�� 275.120 Sheriff�s notice of sale. (1) Upon receipt of a certified copy of the order referred to in ORS 275.110, the sheriff shall publish a notice of the sale of such property in a newspaper of general circulation, printed and published in the county where the land is situated, once each week for four consecutive weeks prior to such sale.

�� (2) The notice shall state:

�� (a) The time and place of sale;

�� (b) The description of the property or interest therein to be sold;

�� (c) If available from the tax roll, the real market value of the property or interest to be sold as evidenced by the last roll certified under ORS 311.105 on which the property was included;

�� (d) The minimum price for the property or interest to be sold, as fixed by the governing body of the county, which may be lower than the tax roll value;

�� (e) The date of the order directing the sale; and

�� (f) Such other matters as the governing body of the county deems pertinent.

�� (3) Proof of publication of the notice shall be made in the same manner as proof of publication of summons is made, and shall be filed by the sheriff with the county clerk of the county, and then recorded in the deed record of the county. [Amended by 1981 c.602 �4; 1989 c.223 �1; 1995 c.79 �93; 2005 c.243 �15]

�� 275.130 Claims of municipal corporations against the land to be filed prior to sale. Prior to the date set for the sale of property as indicated in the notice of sale required under ORS 275.120, a municipal corporation may file with the county clerk notice that the municipal corporation has a lien arising out of an assessment for local improvement against the property described in the notice. The notice shall identify each property described in the notice to which a lien for assessment for local improvement has attached and shall state the principal amount of the lien and the interest thereon to date. Upon receipt of the notice, the county clerk shall forward a copy of the notice to the county treasurer and to the county employee responsible for the management of county-owned real property acquired by the foreclosure of delinquent property taxes. A notice filed within the time and in the manner permitted under this section shall preserve the rights of a municipal corporation to a distribution under ORS 275.275 (3)(a)(A). [Amended by 1997 c.805 �3]

�� 275.140 Time and place of sale. All sales shall be made in the county in which the land is situated between the hours of 10 a.m. and 4 p.m., and may be adjourned from day to day for not to exceed 30 days by the sheriff, by public announcement made by the sheriff at the time and place designated in the notice of sale or at the time and place to which the sale may be adjourned. [Amended by 1971 c.120 �2]

�� 275.150 Certificate of sale. At the time of sale, the sheriff shall give to each purchaser a certificate containing a particular description of the property sold, the whole purchase price, the amount paid in cash and the dates upon which future payments will become due. [Amended by 1997 c.805 �4]

�� 275.160 Sale return. Upon the close of such sale, the sheriff shall make due return to the governing body of the county of the proceedings of the sheriff pursuant to the commands of such order of sale. [Amended by 2005 c.243 �16]

�� 275.170 [Amended by 1991 c.249 �21; repealed by 1997 c.805 �7]

�� 275.180 Sale to record owner or contract purchaser of property; conditions. (1) The governing body of a county may at any time, without the publication of any notice, sell and convey by deed to the record owner or the contract purchaser of record, any property acquired by the county for delinquent taxes for not less than the amount of taxes and interest accrued and charged against such property at the time of purchase by the county with interest thereon at the rate of six percent per annum from the date of such purchase.

�� (2) All such sales of any such property to the record owner or the contract purchaser of record shall be subject to all liens or claims arising out of any assessment for a local improvement levied against such property, or any part thereof, by any municipal corporation and remaining unsatisfied, and also shall be subject to any title or equity of the municipal corporation predicated upon or growing out of any such lien or assessment. [Amended by 1973 c.843 �1; 1975 c.657 �1; 2005 c.243 �17]

�� 275.188 Definitions for ORS 275.110 to 275.250. (1) As used in ORS 275.110 to 275.250, �purchase agreement� means a purchase money mortgage, a purchase money trust deed, a land sale contract or any other written purchase agreement other than an earnest money agreement that requires payment of an earnest money deposit upon execution and payment of the outstanding balance in one additional payment.

�� (2) As used in ORS 275.190, �for cash,� when used to describe the terms of a sale of county property, includes a sale pursuant to an earnest money agreement that requires payment of an earnest money deposit upon execution and payment of the outstanding balance in one additional payment. [2005 c.243 �2]

�� Note: 275.188 was added to and made a part of 275.110 to 275.250 by legislative action but was not added to any other series in ORS chapter 275. See Preface to Oregon Revised Statutes for further explanation.

�� 275.190 Cash or installment sale; rights and liabilities of installment purchaser. (1) Sales made under ORS 275.110 to 275.250 must be to the highest and best bidder:

�� (a) For cash; or

�� (b) For not less than 10 percent of the purchase price in cash with the remainder to be paid under a purchase agreement in equal installments over a term not exceeding 20 years from the date of sale and with deferred payments bearing interest from the date of sale at a rate set by the governing body of the county and payable annually.

�� (2) In advertising for bids, the county shall state whether the sale will be made for cash or by purchase agreement. If by a purchase agreement that allows for deferred payments, the county shall also state the term and the rate of interest to which the county will agree.

�� (3) The purchaser shall have the possession of, and the income from the premises so long as the purchaser is not in default in the performance of the purchase agreement with the county, but shall forfeit the purchaser�s rights under the agreement and to all payments made pursuant thereto if the purchaser fails to pay the purchase price or any part of the purchase price, principal or interest, or to pay, before delinquency, the taxes thereafter levied against the premises, or commits or suffers any strip or waste of or on the premises, or violates any other reasonable provision of the purchase agreement that the governing body of the county may see fit to require. The purchaser shall have the privilege of prepayment without penalty. The provisions of this subsection must be incorporated in the purchase agreement. [Amended by 1969 c.208 �1; 1981 c.412 �3; 2005 c.243 �3]

�� 275.200 Sale of land not sold by sheriff. (1) When the governing body of a county enters an order under ORS 275.110 directing the sheriff to sell real property acquired in any manner by the county, if all or a part of the land remains unsold after the time set for the sale in the sheriff�s published notice or after adjournment of a sheriff�s sale, the governing body of the county may sell the lands as provided in subsection (2) of this section.

�� (2) After the sheriff has unsuccessfully attempted to sell real property of the county as provided in ORS 275.120 to 275.160, the governing body of the county may sell all or a part of the land, or an interest in the land less than the whole fee, at private sale without further notice but for not less than the largest amount bid for the land at the sheriff�s sale, or, if no bid was made, at a price the governing body of the county deems reasonable, but at a price no less than 15 percent of the minimum bid set under ORS 275.110 for the sheriff�s sale.

�� (3) A sale under this section must be made in the manner provided by ORS 275.190 (1).

�� (4) Nothing in this section prohibits the governing body of a county from entering an order at any time under ORS 275.110 directing the sheriff to sell real property of the county as provided in ORS 275.120 to 275.160. [Amended by 1981 c.602 �5; 1989 c.223 �2; 1989 c.688 �1; 2005 c.243 �4]

�� 275.210 Filing of purchase agreement; assignment. (1) A purchase agreement made pursuant to ORS 275.190 or 275.200 must be filed with the clerk, accountant or secretary, as the case may be, of the county in which the real property is situated.

�� (2) An assignment of a purchase agreement, or of an interest in the purchase agreement or of an interest in the property described in the purchase agreement, is not valid unless it is in writing, subscribed by the holder of the purchase agreement and filed with the county clerk of the county in which the land is situated. [Amended by 1983 c.310 �15; 1991 c.67 �65; 2005 c.243 �5]

�� 275.220 Procedure upon default or breach under land sale contract. (1) In case of breach of condition or other default in performance of a land sale contract made pursuant to ORS

ORS 276.420

276.420 to 276.440 or in available space in other buildings owned or controlled by other state agencies.

�� (2) Adequate quarters in a state office building, or in some other building in the City of Salem owned or leased by the state, shall be assigned for all elected state officers and the administrative heads of all state agencies to the extent feasible as space becomes available.

�� (3) In carrying out the responsibilities authorized in this section, the department may acquire and hold office space necessary to meet identified space needs, including such costs as are incurred by the department to assure availability of office space, and shall assure conformity with statewide management objectives and fiscal policies, including the development of space utilization standards.

�� (4) In carrying out its duties under subsection (3) of this section, the department shall allocate and collect from state agencies the costs for vacancies experienced in acquiring such space. [Amended by 1967 c.419 �62; 1977 c.598 �14; 1981 c.492 �1; 1993 c.500 �22]

�� 276.412 Payment of rent by state agencies. (1) Each month the Oregon Department of Administrative Services may bill state agencies to which quarters in any state building have been assigned an amount fixed by the department as rent for the preceding month for the quarters assigned to such agencies.

�� (2) Moneys so collected shall be deposited in the Oregon Department of Administrative Services Operating Fund.

�� (3) This section applies to quarters occupied by the Department of State Lands and to quarters leased with option to purchase or under installment purchase agreement under ORS 276.429 (1). [Amended by 1959 c.289 �1; 1967 c.33 �2; 1967 c.454 �95; 1969 c.199 �40; 1969 c.706 �55; 1977 c.598 �15; 1981 c.491 �2; 2005 c.755 �10]

�� 276.414 [Repealed by 1955 c.243 �2]

�� 276.416 [Repealed by 1955 c.243 �2]

�� 276.418 [Repealed by 1977 c.598 �35]

�� 276.420 �Office quarters� defined; department may enter into leases and rental agreements on behalf of certain agencies. (1) For the purposes of ORS 276.420 to 276.440, �office quarters� means office space, office buildings and related service, storage and parking facilities and may also include factory built, modular or portable units.

�� (2) Where any agency does not have authority by law to enter into a lease or rental agreement for office quarters, the Oregon Department of Administrative Services shall have authority, with the approval of the agency, to enter into a lease or rental agreement on behalf of the agency. [Amended by 1977 c.598 �16]

�� 276.422 [Repealed by 1977 c.598 �35]

�� 276.424 Joint leases. Any two or more agencies, including the Oregon Department of Administrative Services, may enter into a joint lease or rental agreement for office quarters in the same city or community, with such provision for apportionment of the rental as may be agreed upon. [Amended by 1977 c.598 �17]

�� 276.426 Location of leased office quarters of state agencies to be centralized. (1) It is declared to be the public policy of this state to promote economy, efficiency and convenience to the public by means of centralizing the location of office quarters of all state agencies having offices in the same city or community.

�� (2) Any state agency renting or leasing office quarters in any city or community shall, wherever feasible, rent or lease quarters in the same building in which are situated the office quarters of one or more other state agencies or in a building in close proximity thereto. [Amended by 1977 c.598 �18]

�� 276.428 Approval and supervision of leases and rental agreements; ordering changes in location of offices of state agencies. (1) Notwithstanding the provisions of any other law, any lease or rental agreement for office quarters must be approved by the Oregon Department of Administrative Services prior to execution.

�� (2) The Oregon Department of Administrative Services shall exercise supervisory authority over all leases or rental agreements for office quarters for all state agencies. Any such agency shall make such changes in the location of its office quarters in any city or community as are ordered by the Oregon Department of Administrative Services, upon a determination by said department that the relocation will be in the best interests of the state, and will improve public access or services, reduce rentals or be to the advantage of the general public. In order to accomplish any change of location so ordered, any outstanding lease or rental agreement shall be terminated at the earliest date possible under the terms of the lease or agreement. [Amended by 1969 c.199 �41; 1977 c.598 �19]

�� 276.429 Leases; lease option purchase; cost policy; report to legislative review agency. (1) The Oregon Department of Administrative Services may enter into, as appropriate, leases, including lease with option to purchase, installment purchases and rental agreements, as lessee, for office quarters for state agencies. In determining which method of acquiring office quarters is most appropriate under the circumstances, the department shall consider cost and the long-term best interests of the state. It is the policy of the state, in fulfilling the objectives set forth in ORS 276.426, to acquire office quarters in the most cost-effective manner feasible.

�� (2) The costs to the department incurred for the purpose of making such office space ready for occupancy, including professional services, remodeling, equipment acquisition and other similar costs paid to others or incurred by the department, may be advanced out of the Oregon Department of Administrative Services Operating Fund. The fund shall be reimbursed for costs so advanced from charges paid to the department by the agency leasing the space as a tenant. Where more than one agency occupies the space, the charges shall be assessed and collected from the agencies in the manner determined by the department.

�� (3) Immediately following each monthly rental period, the department shall bill each state agency occupying office quarters leased under subsection (1) of this section, a sum equal to such part of the total amount required for the rent of such quarters as the rental value of the space occupied by each of the state agencies bears to the whole amount of the rental value of such space so leased by the state. Such sums and rental values shall be determined by the department. Moneys collected therefor shall be placed in the Oregon Department of Administrative Services Operating Fund established in ORS 283.076 and used for the payment of the rental and operating expenses of such office quarters.

�� (4) Prior to entering into any lease purchase or installment purchase agreement or before exercising any purchase option in agreements made under subsection (1) of this section, the department shall report to the legislative review agency as defined in ORS 291.371. However, the department shall not enter into any lease purchase or installment purchase agreement in excess of $100,000 under any provision of law other than ORS 283.085 to 283.092.

�� (5) The title to properties acquired through lease-purchase options authorized in subsection (1) of this section shall vest automatically in the Oregon Department of Administrative Services in the name of the state. Properties so acquired shall be operated as office buildings as provided in ORS 276.004. [1953 c.591 �1; 1955 c.243 �1; 1965 c.385 �1; 1969 c.199 �42; 1969 c.706 �56; 1977 c.598 �20; 1981 c.106 �13; 1981 c.491 �3; 1981 c.492 �2; 1985 c.276 �3; 1991 c.642 �3; 2005 c.755 �11; 2007 c.783 �90; 2016 c.117 �44]

�� 276.430 [Amended by 1969 c.85 �3; 1969 c.199 �43; 1969 c.706 �57; repealed by 1977 c.598 �35; amended by 1977 c.599 �8 (see 276.431)]

�� 276.431 [See 276.430; 1983 c.690 �1; 1993 c.500 �23; 2005 c.755 �12; repealed by 2019 c.278 �3]

�� 276.435 [See 276.162; 1993 c.500 �24; 2005 c.755 �13; repealed by 2019 c.278 �3]

�� 276.440 Renting space to public agencies and private citizens; use for meetings. (1) For any building under its jurisdiction, as described in ORS 276.004, the Oregon Department of Administrative Services may:

�� (a) Rent office quarters in order of priority first to other public agencies, then to private persons, at rates established under ORS 276.385 and 276.390, if the department and the owning agency, if other than the department, determine that the office quarters are not appropriate to the needs of state agencies.

�� (b) Rent space other than office quarters to any person, whether public or private, at rates appropriate to the local market, as determined by the department, notwithstanding ORS 276.385 (1), if the department and the owning agency, if other than the department, determine that such space is not appropriate to the needs of state agencies.

�� (c) Permit the occasional use of any unoccupied or vacant room or space for conventions, assemblies or other public meetings.

�� (d) With the advice of the occupying agency, rent the auditoriums, meeting rooms, courtyards and other outdoor spaces, suitable rooftops or lobbies of buildings occupied by state agencies to persons, whether public or private, engaged in commercial, cultural, educational or recreational activities that will not disrupt the building operations or the orderly conduct of state business.

�� (2) Terms of rentals authorized under this section may not exceed 10 years. Rentals authorized under this section may be negotiated without competitive bid.

�� (3) The department shall, by lease or otherwise, impose terms and conditions on rentals authorized under this section as necessary to protect the public interest.

�� (4) Receipts from rentals of space under this section shall be deposited in the Oregon Department of Administrative Services Operating Fund. [1977 c.598 �26; 2019 c.278 �5]

�� 276.510 [Repealed by 1969 c.706 �70]

�� 276.512 [Amended by 1959 c.289 �2; 1967 c.419 �63; repealed by 1969 c.706 �70]

�� 276.514 [Repealed by 1969 c.706 �70]

�� 276.516 [Repealed by 1969 c.706 �70]

�� 276.518 [Repealed by 1969 c.706 �70]

�� 276.520 [Amended by 1969 c.199 �44; repealed by 1969 c.706 �70]

�� 276.522 [Repealed by 1969 c.706 �70]

�� 276.524 [Repealed by 1969 c.706 �70]

�� 276.528 [Repealed by 1969 c.706 �70]

�� 276.530 [Amended by 1959 c.289 �3; 1967 c.419 �64; 1969 c.199 �45; repealed by 1969 c.706 �70]

�� 276.532 [Amended by 1959 c.289 �4; repealed by 1969 c.706 �70]

�� 276.534 [Repealed by 1969 c.706 �70]

�� 276.536 [Repealed by 1969 c.706 �70]

�� 276.538 [Repealed by 1969 c.706 �70]

�� 276.540 [Amended by 1969 c.199 �46; repealed by 1969 c.706 �70]

�� 276.542 [Repealed by 1969 c.706 �70]

�� 276.544 [Repealed by 1969 c.199 �59]

�� 276.546 [Amended by 1967 c.419 �65; repealed by 1969 c.199 �59]

�� 276.548 [Repealed by 1993 c.741 �147]

�� 276.550 [Repealed by 1993 c.741 �147]

�� 276.552 [Amended by 1967 c.419 �66; repealed by 1993 c.741 �147]

�� 276.554 [Repealed by 1993 c.741 �147]

�� 276.556 [Amended by 1953 c.252 �2; repealed by 1993 c.741 �147]

�� 276.558 [1965 c.459 �1; repealed by 1977 c.598 �35]

�� 276.560 [1965 c.459 �2; 1967 c.565 �5; 1969 c.706 �58; repealed by 1977 c.598 �35]

�� 276.562 [1967 c.583 �1; repealed by 1977 c.598 �35]

�� 276.564 [1967 c.583 �2; 1977 c.598 �21; renumbered 276.592]

�� 276.565 [Formerly 276.024; 1975 c.634 �2; repealed by 1977 c.598 �35]

�� 276.566 [1967 c.583 �5; repealed by 1969 c.706 �70]

�� 276.567 [Formerly 276.025; 1975 c.634 �3; repealed by 1977 c.598 �35]

�� 276.569 [1969 c.453 �2; repealed by 1977 c.598 �35]

�� 276.570 [1967 c.442 �1; repealed by 1969 c.706 �70]

EMPLOYMENT DEPARTMENT OFFICE BUILDING

�� 276.575 Computation of rent schedules; collection of rents. (1) The office building described in section 6, chapter 528, Oregon Laws 1971, shall be exempt from the rent schedules established under ORS 276.385 and 276.390.

�� (2) Rents attributable to any state agency, including the Employment Department, occupying space in such office building shall be computed in amounts sufficient to liquidate the sums advanced under section 7, chapter 528, Oregon Laws 1971, by July 1, 2002, with interest thereon.

�� (3) Rent collections for such buildings shall be handled as provided in ORS 276.412. [1971 c.528 �8]

�� 276.580 Additional payment by occupants for maintenance and service charges. Every state agency, including the Employment Department, occupying space in the building described in section 6, chapter 528, Oregon Laws 1971, shall pay to the Oregon Department of Administrative Services all maintenance costs and necessary service charges arising out of its occupancy of the building. [1971 c.528 �9]

�� 276.585 Assignment of excess space; rental and additional charges. Whenever space in the office building authorized by chapter 528, Oregon Laws 1971, exceeds current requirements of the Employment Department, the Oregon Department of Administrative Services may assign such space pursuant to ORS 276.004 and

ORS 279C.380

279C.380 or 701.430 and the plaintiff�s recovery does not exceed the amount of any tender made by the defendant in such action, a reasonable amount to be fixed by the court as attorney fees shall be taxed and allowed to the defendant as part of the costs of the action and any appeal thereon. If in an action brought upon such a bond the surety is allowed attorney fees and costs and the contractor or subcontractor has incurred expenses for attorney fees and costs in defending the action, the attorney fees and costs allowed the surety shall be applied first to reimbursing the contractor or subcontractor for such expenses.

�� (2) Subsection (1) of this section does not apply to actions to recover personal injury protection benefits if, in writing, not later than six months from the date proof of loss is filed with the insurer:

�� (a) The insurer has accepted coverage and the only issue is the amount of benefits due the insured; and

�� (b) The insurer has consented to submit the case to binding arbitration.

�� (3) Subsection (1) of this section does not apply to actions to recover uninsured or underinsured motorist benefits if, in writing, not later than six months from the date proof of loss is filed with the insurer:

�� (a) The insurer has accepted coverage and the only issues are the liability of the uninsured or underinsured motorist and the damages due the insured; and

�� (b) The insurer has consented to submit the case to binding arbitration. [Formerly 736.325 and then 743.114; 1999 c.790 �1; 2003 c.794 �328]

�� 742.063 Filing and approval of liability form that includes cost of defense within limits of liability. (1) A liability insurance form that provides that the cost of defending a claim is included within the stated limits of liability may not be delivered or issued for delivery in this state until the form has been filed with and approved by the Director of the Department of Consumer and Business Services. In determining whether to approve or disapprove a form filed under this section, the director shall consider, in addition to the factors specified in ORS

ORS 279C.580

279C.580.

�� (2) If the board determines after notice and opportunity for hearing that a contractor or a subcontractor did not make payment to persons who supplied labor or materials in connection with a public contract for a public improvement within 60 days after the date when payment was received by the contractor or subcontractor, the board shall place the contractor or the subcontractor on the list of persons who have been determined to be not qualified to hold or participate in a public contract for a public improvement. The board may not place a contractor or subcontractor on the list if the only reason that the contractor or subcontractor did not make payment to a person when payment was due is that the contractor or subcontractor did not receive payment from the public contracting agency, contractor or subcontractor when payment was due. The contractor or subcontractor shall remain on the list for a period of not less than six months.

�� (3) If the board determines that the information supplied to the board against a contractor or subcontractor was supplied in bad faith or was false, the person who supplied the information in bad faith or supplied false information shall be placed on the list of persons who have been determined to be not qualified to hold or participate in a public contract for a public improvement.

�� (4) The board shall create and maintain a list of contractors and subcontractors who have been determined to be not qualified to hold or participate in a public contract for a public improvement. The list may include any corporation, partnership or other business entity of which the contractor or subcontractor is an owner, shareholder or officer of the business or was an owner or officer of the business. The board shall provide access to the list to all public contracting agencies, contractors and subcontractors. [1999 c.689 �9; 2003 c.794 �318; 2005 c.409 ��1,2; 2007 c.793 �22]

�� 701.230 Board to provide names of unlicensed or improperly endorsed contractors to other state agencies. At least once each month, the Construction Contractors Board shall provide to investigative units of the Department of Revenue, Department of Consumer and Business Services and Employment Department the name and address of each person who acts as a contractor in violation of this chapter or who knowingly assists an unlicensed person or a licensed contractor that is not properly endorsed to act in violation of this chapter. [1983 c.616 �2; 1989 c.928 �27; 1999 c.402 �35; 2007 c.836 �35]

�� 701.235 Rulemaking. (1) The Construction Contractors Board shall adopt rules to carry out the provisions of this chapter including, but not limited to, rules that:

�� (a) Establish language for surety bonds;

�� (b) Establish processing requirements for different types of complaints described in this chapter;

�� (c) Limit whether a complaint may be processed by the board if there is no direct contractual relationship between the complainant and the contractor;

�� (d) Subject to ORS 701.145, 701.153 and 701.157, exclude or limit recovery from the contractor�s bond required by ORS 701.068 of amounts awarded by a court or arbitrator for interest, service charges, costs and attorney fees arising from commencing the arbitration or court action and proving damages; and

�� (e) Designate a form to be used by an owner of residential property under ORS 87.007 for the purpose of indicating the method the owner has selected to comply with the requirements of ORS 87.007 (2) or to indicate that ORS 87.007 (2) does not apply.

�� (2) The board may adopt rules prescribing terms and conditions under which a contractor may substitute a letter of credit from a bank authorized to do business in this state instead of the bond requirements prescribed in ORS 701.068. [1971 c.740 �19; 1989 c.928 �28; 1991 c.181 �13; 2001 c.197 �19; 2003 c.778 �6; 2007 c.793 �23; 2007 c.836 �36; 2011 c.630 ��52,72; 2016 c.99 �14]

�� 701.236 Rulemaking to interpret, harmonize or adjust licensing requirements; exceptional circumstances. (1) To the extent that a requirement necessary to obtain or maintain a license, endorsement or other authorization to perform work from the Construction Contractors Board is unclear, duplicative or in conflict, or in instances where a requirement conflicts with the board�s efforts to modernize operations and ensure consistent regulatory enforcement, the board may adopt rules the board deems necessary to interpret, harmonize, streamline, adjust or promote consistent application of the requirement.

�� (2) The board by rule may identify exceptional circumstances for considering a complaint under ORS 701.139, 701.140 or 701.143 that the board would ordinarily deny, if the complaint otherwise complies with the requirements of this chapter to the maximum extent possible under the identified circumstances. [2023 c.277 �2]

�� 701.238 Determination of licensing application fee; rules. (1) Before July 1 of each year, the Construction Contractors Board shall determine the amounts of the fees to be charged for applications under ORS 701.056 for the issuance or renewal of contractor licenses. The fee amounts are subject to prior approval of the Oregon Department of Administrative Services. The fee amounts shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board. The fee amounts established under this section may not exceed the cost of administering the regulatory program of the Construction Contractors Board under this chapter, as authorized by the Legislative Assembly within the board�s budget, as the budget may be modified by the Emergency Board.

�� (2) The amounts of the fees determined by the Construction Contractors Board under subsection (1) of this section shall be effective as set by rule. [Formerly 701.130; 2023 c.602 �29]

�� 701.240 Provision of licensed contractors list to other state agencies; rules. (1) The Construction Contractors Board shall supply the Department of Revenue and the Employment Department with a partial or complete list of licensees as deemed necessary by the board.

�� (2) The lists required by subsection (1) of this section shall contain the name, address, Social Security or federal employer identification number of each licensee or such other information as the departments may by rule require. [1989 c.870 �6; 1999 c.402 �36; 2005 c.22 �479]

�� 701.245 [1971 c.740 �23; 1975 c.721 �10; repealed by 1979 c.31 �1]

�� 701.246 Confidentiality of information; permissible disclosures. (1) Social Security numbers, driver license numbers, dates of birth and other personal identifier information included in a license or certificate application filed under this chapter are confidential. Except as provided in this section, the Construction Contractors Board may not disclose personal identifier information contained in a license or certificate application.

�� (2) Subsection (1) of this section does not prohibit the board from making the following disclosures:

�� (a) Disclosures made with the written consent of the person to whom the personal identifier information pertains.

�� (b) Disclosures of information that a license or certificate holder is required by law or rule to disclose to the public, including but not limited to board-issued license or certificate numbers.

�� (c) Disclosures for the purpose of causing, conducting or assisting an investigation into possible violations of law, rules or regulations, including but not limited to disclosures to an administrative agency, law enforcement agency or district attorney office. A public body receiving information from the board under this paragraph may not disclose the information except as necessary to an investigation or as necessary to criminal, civil or contested case proceedings. [2009 c.226 �2]

�� 701.250 Board to provide licensee�s status on request; fee. (1) Any individual may request and the Construction Contractors Board shall provide notification of the status of one or more licensees. Status information provided by the board shall include any professional credentials earned by the contractor as described in ORS 701.120.

�� (2) The board may charge a standard fee for the notification described in subsection (1) of this section not to exceed the cost of preparation and provision of such notices. [1989 c.870 �7; 1999 c.402 �37; 2001 c.311 �4; 2001 c.428 �2; 2002 s.s.1 c.6 ��2,7; 2003 c.778 �11]

�� 701.252 [1999 c.174 �2; 2001 c.104 �281; 2007 c.793 �24; repealed by 2007 c.836 �51]

�� 701.255 Funds retained for collection of civil penalties. The Construction Contractors Board may retain 20 percent annually from the funds collected under ORS 701.992. The amount retained under this section shall be continuously appropriated for the board�s costs of collection of civil penalties imposed by order of the board. [1989 c.928 �29; 1995 c.771 �5]

�� 701.260 Appeal committee; membership; duties. (1) From within its membership, the Construction Contractors Board shall appoint three members, including one of the public members or the elected official, as an appeal committee. The board may appoint one or more appeal committees. At least one residential contractor shall be appointed to any committee that hears appeals involving residential complaints.

�� (2) An appeal committee shall hear appeals on proposed orders and on petitions for reconsideration and rehearing and motions for stays that were originally appealed to the board as proposed orders.

�� (3) The Construction Contractors Board shall not consider an appeal of a decision of an appeal committee. However, the full board may act as an appeal committee. The parties affected by a decision of an appeal committee shall retain the right to appeal the decision to the Court of Appeals. [1989 c.928 �24; 1993 c.470 �1; 1993 c.742 �53]

�� 701.265 Continuing education system for residential contractors; rules. (1) The Construction Contractors Board shall adopt rules establishing a continuing education system for residential contractors licensed by the board. The rules shall include, but need not be limited to, minimum standards to be met:

�� (a) By approved providers of continuing education; and

�� (b) By courses that the board approves as continuing education.

�� (2) In establishing the continuing education system, the board may give consideration to any continuing education program adopted by national construction licensing trade associations. [2013 c.718 �2]

�� 701.267 Agreements with continuing education providers; credits; fees. (1) The Construction Contractors Board may enter into agreements with approved continuing education providers for the providers to offer education developed by the board under ORS 701.082 (1)(b). The agreements may provide for the board to collect payment from the providers for the use of the education materials developed by the board.

�� (2) In determining whether to approve an entity as a provider of continuing education that is required under ORS 701.082 (1)(c), the board shall consider:

�� (a) Instructor qualifications; and

�� (b) Attendance verification procedures.

�� (3) In determining whether to approve a course as continuing education described in ORS 701.082 (1)(c), the board shall consider the course content.

�� (4) In determining any process for approving an entity as a provider of continuing education that is not required under ORS 701.082 (1), the board may consider attendance verification procedures.

�� (5) The board may determine the number of continuing education hours to be credited to a continuing education course or to a specialized education program described in ORS 701.083.

�� (6) The board may establish reasonable fees for approvals of entities as continuing education providers, approvals of continuing education courses and approvals of specialized education programs described in ORS 701.083 and reasonable fees for any continuing education courses offered by the board. The board may charge an approved provider a reasonable fee for each attendee completing course hours in approved continuing education to cover board costs associated with administering the residential contractor continuing education system. [2013 c.718 �3]

�� 701.269 Residential general master builder certification program; requirements; standards; fees; rules. (1)(a) The Construction Contractors Board may establish a voluntary certification program for a residential general master builder of vertical homeownership structures and other structures and may define a vertical homeownership structure by rule. At a minimum, the certification program must provide education, training, assessment and evaluation of individuals with respect to the individuals� knowledge of and skills in:

�� (A) Foundations;

�� (B) Roofing;

�� (C) Wall construction;

�� (D) Siding installation; and

�� (E) Energy systems.

�� (b) The board may specify certification standards that differ by the type of structure in which the master builder may specialize, in the qualifications necessary to obtain certification in each type of structure and in education and training standards necessary to qualify for each type of certification.

�� (2) The board may adopt rules to implement the provisions of this section and may establish and charge to applicants for certification any fees that are necessary to pay the expenses of administering the certification program under this section. [2021 c.413 �2]

�� 701.270 [1989 c.928 �25; repealed by 1993 c.470 �5 and 1993 c.742 �11]

�� 701.272 Interagency agreements. (1) The Construction Contractors Board may enter into interagency agreements with the Department of Consumer and Business Services for the department to perform duties on behalf of the board under this chapter regarding:

�� (a) Licenses, registrations and other authorizations; or

�� (b) Regulated activities of a contractor.

�� (2) Subject to the approval of the Director of the Department of Consumer and Business Services or the affected advisory board, the department or advisory board may enter into an agreement with the Construction Contractors Board under this section regarding performance by the advisory board of Construction Contractors Board duties. An agreement described in this subsection is considered for purposes of this section to be an agreement between the department and the Construction Contractors Board.

�� (3) An interagency agreement under this section may provide for the department to perform all or part of the duties described in the agreement within one or more areas within the state or on a statewide basis. Any department employees utilized to carry out an agreement under this section shall remain employees of the department without loss of seniority or reduction in pay or benefits, but the agreement may provide for the board to retain control over the final work product of the employees. An agreement under this section may not be used to avoid any provision of a collective bargaining agreement.

�� (4) An interagency agreement under this section may provide for:

�� (a) Good faith cooperation between the department and the board to enable the department and the board to carry out their respective duties under law or under the agreement;

�� (b) The sharing of resources, including but not limited to the department system described in ORS 455.095 and 455.097, equipment, systems, processes and records, documents and other information;

�� (c) Using department and board information, including but not limited to complaints, reports, findings and orders, to carry out the laws that the department administers and enforces on behalf of the board;

�� (d) Ensuring the security of information shared under the agreement;

�� (e) Purchases by the department of supplies and equipment to carry out duties on behalf of the board, subject to the board�s reimbursement of the department;

�� (f) The use of financing agreements to provide resources necessary or convenient to carry out the agreement; and

�� (g) Acceptance by the department of moneys in payment of board fees, the temporary retention and transfer of fee moneys and the reimbursement of the department�s expenses under the agreement from those fee moneys.

�� (5)(a) A financing agreement provided for as described in subsection (4)(f) of this section is exempt from ORS 283.085 to 283.092 and ORS chapter 286A.

�� (b) Any board moneys accepted by the department as provided in subsection (4)(g) of this section must be identified and accounted for separately from any other moneys in the possession of or available to the department. Board moneys temporarily retained by the department, regardless of where kept or deposited, are moneys of the board. The retained moneys are not subject to any appropriation to the department, any authorization for or limitation on the expenditure of moneys by the department, any restriction on the source, use or transfer of department moneys or any judgment, lien or other claim against moneys of the department. Notwithstanding any requirement or limitation on the retention of moneys by a state agency, the retention of board moneys by the department under an interagency agreement described in this section shall be governed solely by the terms of the agreement.

�� (6) An interagency agreement under this section may not:

�� (a) Delegate the authority of the board or the board administrator to establish policies or to make a final determination on any matter;

�� (b) Allow the department to hold board fee moneys in a department account that does not allow for the separate tracking and accounting of those moneys;

�� (c) Allow the department to hold board fee moneys past the end of the fiscal quarter in which the fee moneys were collected; or

�� (d) Transfer board expenses to the department. [2015 c.110 �4]

�� 701.280 [1991 c.732 ��2,3,4; 1995 c.216 �5; 1997 c.814 �5; 1999 c.173 �1; 1999 c.402 �38; 2001 c.160 �7; repealed by 2005 c.432 �18]

�� 701.285 [Formerly 456.752; repealed by 2001 c.160 �8]

�� 701.290 [1995 c.560 �1; repealed by 2001 c.850 �8]

�� 701.295 Board duty to investigate and seek prosecution of illegal activity. The Construction Contractors Board shall investigate allegations of illegal activity in the construction industry and seek civil or criminal prosecution of illegal activity that warrants more than an administrative sanction. [2001 c.850 �4]

�� 701.300 [1989 c.928 �11; repealed by 1991 c.181 �16]

CONSTRUCTION CONTRACTS AND NOTICES

�� 701.305 Requirement for written contract with residential property owner; standard contractual terms; rules. (1) A contractor may not perform work to construct, improve or repair a residential structure or zero-lot-line dwelling for a property owner without a written contract if the aggregate contract price exceeds $2,000. If the price of a contract was initially less than $2,000, but during the course of performance the contract exceeds that amount, the contractor shall mail or otherwise deliver a written contract to the property owner not later than five days after the contractor knows or should reasonably know that the contract price will exceed $2,000. Failure to have a written contract will not void the contract.

�� (2) The Construction Contractors Board shall adopt rules that require a contractor to use standard contractual terms in a construction contract for which subsection (1) of this section requires a written contract. The standard contractual terms shall be clear and use words of common understanding. [2007 c.648 �7; 2009 c.408 �8; 2009 c.409 �1; 2013 c.168 �1]

�� 701.310 Cancellation of contract. (1) A property owner who enters into an initial written contract for the construction, improvement or repair of a residential structure or zero-lot-line dwelling on real property owned by the property owner may cancel the contract by delivery of a written notice of cancellation anytime prior to 12 midnight at the end of the next business day. The notice of cancellation may be delivered in any written form or by any means that can readily be converted to written form, including, but not limited to, facsimile, electronic mail and regular mail. The notice must state the intention of the property owner to cancel the contract.

�� (2) Subsection (1) of this section does not allow a property owner to cancel a contract:

�� (a) If both parties agree that work is to begin before the cancellation period has expired;

�� (b) After a contractor substantially begins the residential construction, improvement or repair; or

�� (c) When an initial contract is being modified after expiration of the initial cancellation period. [2007 c.648 �8; 2009 c.409 �2]

�� 701.312 Additional grounds for placing contractor on probation. Notwithstanding the conditions specified for probation in ORS 701.102 (3), the Construction Contractors Board may place a contractor on probation as provided in ORS 701.102 (3) if the contractor offers to perform a home improvement, accepts a deposit of more than 50 percent of the total contract price and:

�� (1) Fails to perform diligently and in accordance with the contract specifications the home improvement for which the contractor received the deposit; or

�� (2) Fails to perform the home improvement for which the contractor received the deposit and fails to return the deposit within 10 days after a reasonable demand to return the deposit. [2010 c.77 �6]

�� 701.315 Contents of contract for work on residential structure. A contract that is for the performance of work on a residential structure and that is subject to this chapter may not contain a provision that limits the right of a person to file a complaint described in ORS 701.140 with the Construction Contractors Board. A contract described in this section may contain a provision requiring mediation or arbitration of a dispute arising from the contract. [Formerly 701.175]

�� 701.320 Offer of warranty; withdrawal of contract offer. (1) A contractor that enters into a contract to construct a new residential structure or zero-lot-line dwelling, or to sell a new residential structure or zero-lot-line dwelling constructed by the contractor, shall make a written offer to the property owner or original purchaser of the structure or dwelling of a warranty against defects in materials and workmanship for the structure or dwelling. The property owner or original purchaser of the structure or dwelling may accept or refuse the offer of a warranty by the contractor. If a contractor makes the written offer of a warranty before the contractor and the property owner both sign a written construction contract and the property owner refuses the offered warranty, the contractor may withdraw the offer to construct the structure or dwelling.

�� (2) Subsection (1) of this section does not apply to a residential structure that is a manufactured dwelling as defined in ORS 446.003. [2007 c.648 �11; 2009 c.409 �3]

�� 701.325 Condition for obtaining building permit; information notice; business licenses; local regulation. (1) If a person is required under this chapter to be licensed as a contractor, a city, county or state agency may not issue the person a building permit unless the person has a current, valid contractor license properly endorsed for the work to be performed. A city, county or state agency that requires the issuance of a permit for the construction, alteration, improvement, demolition, movement or repair of a building, structure or appurtenances to a structure shall, as a condition for issuing the permit, require the applicant for a permit to file a written statement signed by the applicant. If the applicant is a contractor, the contractor shall provide the contractor�s license number and state that the license is in full force and effect. If the applicant is exempt from licensing under this chapter, the applicant shall state the basis for the exemption. The city, county or state agency shall list the contractor�s license number on the permit issued to that contractor.

�� (2) If the applicant for a building permit is exempt from licensure under ORS 701.010 (6), the city, county or state agency shall supply the applicant with an Information Notice to Property Owners About Construction Responsibilities. The city, county or state agency may not issue a building permit for a residential structure to the applicant until the applicant signs a statement in substantially the following form:

�� (a) I have read and understand the Information Notice to Property Owners About Construction Responsibilities; and

�� (b) I own, reside in or will reside in the completed dwelling. My residential general contractor is ___, Construction Contractors Board license no. _, license expiration date ___. I will instruct my contractor that all subcontractors who work on this dwelling must be licensed with the Construction Contractors Board and properly endorsed for the work to be performed; or

�� (c) I am performing work on property I own, a residence that I reside in or a residence that I will reside in.

�� (d) I will be my own contractor and, if I hire contractors, I will hire only contractors licensed with the Construction Contractors Board and properly endorsed for the work to be performed.

�� (e) If I change my mind and do hire a residential general contractor, I will contract with a contractor who is licensed with the Construction Contractors Board and properly endorsed for the work to be performed. I will immediately notify the office issuing this building permit of the name and license number of the contractor ___.

�� (3) The Construction Contractors Board shall adopt by rule a form titled �Information Notice to Property Owners About Construction Responsibilities� that clearly describes in everyday language the responsibilities property owners are undertaking by acting as their own contractor and the problems that could develop. The responsibilities described in the form shall include, but not be limited to:

�� (a) Compliance with state and federal laws regarding Social Security tax, income tax and unemployment tax.

�� (b) Workers� compensation insurance on workers.

�� (c) Liability and property damage insurance.

�� (4) The board shall develop and furnish to city, county and state building permit offices, at no cost to the offices, the Information Notice to Property Owners About Construction Responsibilities and the statement to be signed by the permit applicant.

�� (5) A city or county that requires a business license for engaging in a business subject to regulation under this chapter shall require that the licensee or applicant for issuance or renewal of the business license file, or have on file, with the city or county, a signed statement that the licensee or applicant is licensed under this chapter.

�� (6) The provisions of this chapter are exclusive and a city, county or other political subdivision may not require or issue any registrations, licenses or surety bonds, nor charge any fee for the regulatory or surety registration of any contractor licensed with the board. This subsection does not affect the authority of a city, county or political subdivision to:

�� (a) License and levy and collect a general and nondiscriminatory license fee levied upon all businesses or upon business conducted by any firm within the city, county or political subdivision;

�� (b) Require a contractor to pay a fee, post a bond or require insurance when the city, county or political subdivision is contracting for the services of the contractor; or

�� (c) Regulate a contractor that is not required to be licensed under this chapter. [2007 c.114 �2; 2007 c.836 �16a]

�� 701.330 Consumer notice form; notice of procedure form; rules. (1) The Construction Contractors Board shall adopt by rule a consumer notice form designed to inform a property owner or original purchaser of the actions the property owner or original purchaser should take to protect the property owner in a residential structure or zero-lot-line dwelling repair, remodel or construction project or to protect the original purchaser in a residential structure or zero-lot-line dwelling construction project. The form shall briefly describe and identify additional sources of information regarding:

�� (a) Contractor licensing standards;

�� (b) Contractor bond and insurance requirements;

�� (c) The requirement to offer a warranty under ORS 701.320; and

�� (d) Other information specified by the board.

�� (2) The board shall adopt by rule a notice of procedure form that briefly describes and identifies additional sources of information regarding the procedure described under ORS 701.560 to 701.595 and other information specified by the board.

�� (3) The consumer notice form and notice of procedure form adopted by the board shall include signature lines for the contractor and for the property owner or original purchaser.

�� (4) The board shall adopt rules specifying the time and manner for a contractor to deliver a consumer notice form and notice of procedure form.

�� (5) The board may adopt rules that require a contractor to maintain evidence of delivery of the consumer notice form and notice of procedure form and that specify the retention period for and the form of that evidence. [2007 c.648 �14; 2009 c.409 �4]

�� 701.335 Recommended maintenance schedule; rules. (1) A contractor that enters into a contract to construct a new residential structure or zero-lot-line dwelling shall provide a recommended maintenance schedule to the property owner or original purchaser of the proposed structure or dwelling at the time that the contractor makes a written offer of warranty under ORS 701.320.

�� (2) The Construction Contractors Board shall adopt rules describing the minimum information that a contractor shall provide to a property owner or original purchaser under subsection (1) of this section. The minimum information shall include, but need not be limited to, the following:

�� (a) Definitions and descriptions of moisture intrusion and water damage.

�� (b) An explanation of how moisture intrusion and water damage can occur.

�� (c) A description and recommended schedule for maintenance to prevent moisture intrusion.

�� (d) Advice on how to recognize the signs of water damage.

�� (e) Appropriate steps to take when water damage is discovered. [2007 c.648 �13; 2009 c.409 �5]

�� 701.340 Commercial structure warranty. A commercial general contractor level 1 or level 2 that constructs a new large commercial structure shall provide the owner with a two-year warranty of the building envelope and penetration components against defects in materials and workmanship. The warranty shall provide for the contractor to annually inspect the building envelope and penetration components during the warranty period. The warranty need not cover conditions resulting from improper maintenance by the owner. [2007 c.836 �12]

�� 701.345 Subcontractor list. (1) A contractor shall maintain a list that includes the names, addresses and license numbers for all subcontractors or other contractors performing work on a project for that contractor.

�� (2) The contractor must deliver the list referred to in subsection (1) of this section to the Construction Contractors Board within 72 hours after a board request made during reasonable working hours. [2007 c.114 �4]

�� 701.348 Sewer contractor requirements. (1) Every person offering to undertake or undertaking construction of building sewer piping shall comply with the requirements of ORS chapter 701.

�� (2) Every person submitting a bid or a written estimate of the costs to construct building sewer piping shall provide to potential customers, prior to an agreement to perform, the following:

�� (a) The person�s Construction Contractors Board license number;

�� (b) The applicable bonding and liability coverage; and

�� (c) The statement described in ORS 701.325 (1).

�� (3) Any person licensed under ORS 701.021 may install a building sewer after obtaining a permit for plumbing inspection under ORS 447.095.

�� (4) As used in this section, �building sewer� means that part of the system of drainage piping that conveys sewage into a septic tank, cesspool or other treatment unit that begins five feet outside the building or structure within which the sewage originates. [Formerly 701.138; 2013 c.1 �90]

�� Note: 701.348 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 701 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 701.350 [1997 c.814 ��3,3a; 1997 c.690 �6; 1999 c.402 �39; 2001 c.196 �10; 2005 c.114 �1; 2005 c.254 �13; 2005 c.432 �15a; 2007 c.222 �1; 2011 c.79 �1; renumbered 701.445 in 2015]

�� 701.355 [1997 c.814 �7; 2001 c.196 �11; 2005 c.432 �16; renumbered 701.450 in 2015]

�� 701.360 [2013 c.300 �5; renumbered 701.455 in 2015]

RETAINAGE

�� 701.410 Definitions. (1) As used in ORS 279C.555, 279C.570, 701.410, 701.420, 701.430, 701.435 and

ORS 284.375

284.375.

�� (2) Subject to legislative appropriations, the State of Oregon recognizes a continuing obligation to contribute to the support of the Oregon Film and Video Office. The State of Oregon recognizes that a continued financial partnership with the office is essential to the growth of the film and video industries. [1995 c.242 ��2,11]

�� 284.310 [1985 c.776 �2; 1987 c.757 �1; 1989 c.537 �1; 1989 c.547 �4; 1989 c.833 �79; 1991 c.11 �14; 1991 c.687 �1; renumbered 285.700 in 1991]

�� 284.315 Film and Video Board; appointment; qualifications; term; meetings; compensation. (1) The Oregon Film and Video Office shall be governed by the Film and Video Board.

�� (2) The Film and Video Board shall consist of five members appointed by the Governor.

�� (3) The five members shall be appointed as follows:

�� (a) Two members shall be appointed from professional filmmakers, videographers or production and support service firms.

�� (b) Two members shall be from the private financial sector and shall have experience in high-risk venture investments, either with start-up companies or in commercial banking.

�� (c) One member shall be appointed from a group or firm representing emerging media technologies.

�� (4) A member of the board shall be appointed for a term of four years that begins on July 1. A member shall hold office for the term of the appointment and until a successor is appointed. However, a member may be removed from the board at the pleasure of the Governor. A member is eligible for reappointment.

�� (5) Upon expiration of the term of a member of the board, a successor shall be appointed for a term of four years. In case of a vacancy for any cause, the Governor shall appoint an individual to serve the unexpired term of the member to be replaced.

�� (6) The board shall annually select one of its members to chair the board with those duties and powers that the board determines are necessary to perform the functions of the office.

�� (7) A majority of the members of the board constitutes a quorum for the transaction of business.

�� (8) The board shall meet at least once in each calendar quarter at a time and place to be determined by the chairperson of the board. All meetings of the board shall be held in Oregon. The chairperson or any two members of the board may call a special meeting after providing written notice of the meeting to the other members at least seven days prior to the meeting.

�� (9) Members of the board are entitled to expenses as provided in ORS 292.495 (2). [1995 c.242 �3; 1997 c.632 �5]

�� 284.320 [1985 c.776 �1; 1987 c.757 �2; renumbered 285.703 in 1991]

�� 284.325 Director; appointment; powers. The Oregon Film and Video Office shall be under the administrative control of a director, who is appointed by and who holds office at the pleasure of the Film and Video Board. The board shall set the compensation of the director. The director of the office may appoint all subordinate officers and employees of the office and may prescribe their duties and fix their compensation. The director of the office may delegate to any subordinate officer or employee any administrative duty, function or power imposed upon the office by law. [1995 c.242 �5]

�� 284.330 [1985 c.776 �2a; 1987 c.757 �3; renumbered 285.705 in 1991]

�� 284.335 Duties of director; contracts; prior approval by board for certain actions; biennial report; rules. (1) Except as provided in subsection (2) of this section, when carrying out the duties, functions and powers of the Oregon Film and Video Office, the director of the office may contract with any state agency for the performance of such duties, functions and powers that the director considers appropriate.

�� (2) The director of the office may not, without the prior approval of the Film and Video Board:

�� (a) Award any contract for goods or professional services in excess of $25,000;

�� (b) Authorize any expenditure of moneys in excess of $25,000;

�� (c) Sell or otherwise dispose of real or personal property valued in excess of $25,000;

�� (d) Commence a civil legal action or proceeding;

�� (e) Sell, transfer and convey property to a buyer or lease property to a tenant;

�� (f) Borrow money and give guarantees;

�� (g) Finance, conduct or cooperate in the financing of facilities and projects to assist the film, video and emerging media industries; or

�� (h) In accordance with ORS chapter 183, adopt rules necessary for the administration of laws that the office is charged with administering.

�� (3) The Film and Video Board shall approve the lease of property to a tenant only when the sale, transfer or conveyance of the property cannot be effected with reasonable promptness or at a reasonable price.

�� (4) The Film and Video Board may not allow the director to borrow money or give guarantees under subsection (2)(f) of this section unless the indebtedness or other obligations of the office are payable solely out of its own resources and do not constitute a pledge of the full faith and credit of the State of Oregon or any of the revenues of this state.

�� (5) The office shall file with the Governor, the Legislative Assembly and the Legislative Fiscal Officer a biennial report of the activities and operations of the office. The report shall include a full and complete reporting of the financial activities and transactions of the office during the biennium, including at least the information required under ORS 284.365 (5). [1995 c.242 �9; 2011 c.630 �2]

�� 284.340 [1985 c.776 �4; 1987 c.757 �4; 1991 c.878 �6; renumbered 285.707 in 1991]

�� 284.345 Duties of office. The Oregon Film and Video Office shall:

�� (1) Assist in the development of Oregon�s indigenous film and video industry.

�� (2) Act as the primary liaison and contact on behalf of the State of Oregon for film or video production companies and personnel operating in this state.

�� (3) Provide assistance to:

�� (a) Out-of-state production companies;

�� (b) Location managers and scouts;

�� (c) Film and video production personnel on location in this state when dealing with local jurisdictions and state and federal agencies;

�� (d) The general public regarding film and video productions; and

�� (e) Local communities in attracting film and video productions.

�� (4) Coordinate with affected state and federal agencies to permit filming.

�� (5) Market and promote Oregon as a location for film or video productions.

�� (6) Promote the film and video industry in Oregon and the emerging interactive multimedia technologies and related industries in this state by:

�� (a) Developing a skilled workforce;

�� (b) Developing and managing production facilities and other related infrastructure;

�� (c) Educating the business, financial and political communities in this state concerning the positive economic and promotional effects of these industries; and

�� (d) Promoting investment in the film and video industry, including facilitating joint ventures and partnerships in the industry.

�� (7) Maintain the confidential nature of the negotiations it conducts as requested by persons doing business with the office. [1995 c.242 �6]

�� 284.350 [1985 c.776 �2b; repealed by 1987 c.757 �16]

�� 284.355 Powers of office; fees. To carry out the purposes specified in ORS 284.345, the Oregon Film and Video Office may:

�� (1) Make contracts and execute all instruments necessary or convenient for carrying out the duties of the office;

�� (2) Acquire, own, hold, dispose of and encumber real or personal property of any kind, or any interest in that property;

�� (3) Enter into agreements or other transactions involving the film, video and emerging interactive multimedia industries with any federal, state, county or municipal agency or with any person or other entity;

�� (4) Acquire real property or an interest in real property, by purchase or foreclosure, when the acquisition is necessary or appropriate to promote the film, video and emerging interactive multimedia industries;

�� (5) Appoint officers, consultants, agents and advisers, and prescribe their duties;

�� (6) Appear in its own behalf before boards, commissions, departments or other agencies of municipal or county governments, the state government or the federal government;

�� (7) Procure insurance against any losses in connection with its properties in such amounts and from such insurers as may be necessary or desirable;

�� (8) Accept any and all donations, grants, bequests and devises, conditional or otherwise, of money, property, services or other things of value, including any interest or earnings thereon, that may be received from the United States or any agency thereof, any governmental agency or any institution or person, public or private, to be held, used or applied for any or all of the purposes specified in ORS 284.345, in accordance with the terms and conditions of the grant;

�� (9) Organize, conduct, sponsor, cooperate with and assist the private sector and other state agencies in the conduct of conferences and tours relating to the film, video and emerging interactive multimedia industries;

�� (10) Provide and pay for advisory services and technical assistance that may be necessary or desirable to carry out the purposes of ORS 284.345;

�� (11) Exercise any other powers necessary for the operation and functioning of the office within the purposes authorized by ORS 284.345;

�� (12) In order to accomplish the purposes of ORS 284.300 to 284.355, expend moneys duly budgeted to pay the travel and various other expenses of film or video production company personnel;

�� (13) Charge for and receive income or revenue from any source to be used for the purposes authorized by ORS 284.345; and

�� (14) Charge fees reasonably calculated to cover the costs incurred by the office when providing services under ORS 284.300 to 284.355. [1995 c.242 �8]

�� 284.360 [1985 c.776 �5; 1987 c.168 �7; renumbered 285.710 in 1991]

�� 284.365 Deposit of office moneys in depository account; investment of moneys; payment of expenses; biennial budget; public hearing; expenditures exempt from state expenditure limitations; accounting requirements. (1) All moneys collected, received or appropriated to the Oregon Film and Video Office shall be deposited in an account established in accordance with ORS 295.001 to 295.108. Subject to approval by the chairperson, the board may invest moneys collected or received by the office. Investments made by the board are limited to the types of investments listed in ORS 294.035 (3)(a) to (i). Interest earned from any amounts invested must be made available to the office in a manner consistent with the biennial budget approved by the board.

�� (2) Subject to the approval of the director of the office, all necessary expenses of the office and the board must be paid from the moneys collected, appropriated or earned by the office.

�� (3) The office shall adopt a budget on a biennial basis using the classifications of expenditures and revenues required by ORS 291.206 (1). The budget is not subject to review and approval by the Legislative Assembly or to modification by the Emergency Board or the Legislative Assembly. However, the budget must be included in the biennial report required by ORS 284.335 (5).

�� (4) The board shall adopt a budget only after holding a public hearing on the proposed budget. At least 15 days prior to any public hearing on the proposed budget, the board shall give notice of the hearing to all persons known to be interested in the proceedings of the board and to any person who requests notice.

�� (5) All expenditures from the account established for the office under subsection (1) of this section are exempt from any state expenditure limitation. The office shall follow generally accepted accounting principles and keep such financial and statistical information that is necessary to completely and accurately disclose the financial condition and financial operations of the office as may be required by the Secretary of State. [1995 c.242 �10; 2003 c.405 �4; 2005 c.443 �19; 2007 c.871 �26; 2019 c.587 �36]

�� 284.367 Oregon Production Investment Fund; source of moneys in fund; uses of moneys. (1) The Oregon Production Investment Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Production Investment Fund shall be credited to the fund.

�� (2) Moneys in the Oregon Production Investment Fund shall consist of:

�� (a) Amounts donated to the fund;

�� (b) Amounts appropriated or otherwise transferred to the fund by the Legislative Assembly;

�� (c) Other amounts deposited in the fund from any source; and

�� (d) Interest earned by the fund.

�� (3) Eighty-seven and one-half percent of moneys in the fund are continuously appropriated to the Oregon Business Development Department for the purposes of making:

�� (a) Reimbursements to filmmakers or local media production services companies under ORS 284.368;

�� (b) Payments to a tax credit marketer for marketing services provided by the marketer as described in ORS 284.369; and

�� (c) Refunds described in ORS 315.514 (5).

�� (4) Seven and one-half percent of moneys in the fund are continuously appropriated to the department for the purpose of making reimbursements to local filmmakers or local media production services companies under ORS 284.368 (3). Total annual reimbursements to local media production services companies under this subsection may not exceed seven and one-half percent of the moneys deposited annually in the fund. On July 1 of each fiscal year, any moneys that remain unexpended or unallocated from the previous fiscal year may be used by the department for the purpose of making reimbursements to filmmakers or local media production services companies under ORS 284.368 (2).

�� (5) Three percent of moneys in the fund are continuously appropriated to the department for the purpose of making payments to filmmakers under ORS 284.368 (4). Total annual payments to filmmakers under this subsection may not exceed five percent of the moneys deposited annually in the fund. On July 1 of each fiscal year, any moneys that remain unexpended or unallocated from the previous fiscal year may be used by the department for the purpose of making payments to filmmakers under this section. Any excess over five percent that remains unexpended or unallocated shall be used by the department for the purpose of making reimbursements to filmmakers or local media production services companies under ORS 284.368 (2).

�� (6) Two percent of moneys in the fund are continuously appropriated to the department for the purpose of making payments to entities under ORS 284.371. On July 1 of each fiscal year, any moneys that remain unexpended or unallocated from the previous fiscal year may be used by the department for any purpose authorized under this section.

�� (7) Expenditures from the fund are not subject to ORS 291.232 to 291.260. [2003 c.736 �79; 2009 c.471 �2; 2011 c.730 ��14,15; 2013 c.750 �48; 2016 c.29 �6; 2022 c.75 �3]

�� 284.368 Reimbursement from fund; maximum amounts allowable; additional payment; verification of eligible expenses; rules. (1) As used in this section:

�� (a) �Actual Oregon expenses� means the costs paid in Oregon for principal photography, production or postproduction in Oregon of a film, or for media production services, including but not limited to the purchase or rental cost of equipment, food, lodging, real property and permits and payments made for salaries, wages and benefits for work in Oregon.

�� (b) �Film� means a television movie or one or more episodes of a single television series, or a movie produced for release to theaters, video or the Internet. �Film� does not include the production of a commercial or one or more segments of a newscast or sporting event.

�� (c) �Filmmaker� means a person who owns a television or film production company.

�� (d) �Local filmmaker� means a person who owns a television or film production company that has its principal place of business in this state.

�� (e) �Local media production project� means, if made or performed by a local media production services company, a single interactive video game or a portion thereof, or postproduction services for a single film.

�� (f) �Local media production services company� means a media production services company that has its principal place of business in this state.

�� (g) �Media production services� includes postproduction services and interactive video game development. �Media production services� does not include the production of a commercial or one or more segments of a newscast or sporting event.

�� (h) �Media production services company� means a person who is engaged in media production services.

�� (i) �Portland metropolitan zone� means the area within a 30-mile radius of the center of the Burnside Bridge in Portland.

�� (j) �Resident of this state� has the meaning given that term in ORS 316.027.

�� (2)(a) The Oregon Business Development Department may reimburse a filmmaker or local media production services company for a portion of the actual Oregon expenses incurred by the filmmaker or local media production services company.

�� (b) Maximum reimbursement for a single film or a single local media production project shall be the total of:

�� (A) 20 percent of payments made for employee salaries, wages and benefits for work done in Oregon; and

�� (B) 25 percent of all other actual Oregon expenses.

�� (c) Notwithstanding paragraph (b) of this subsection, maximum reimbursement for a single film may not exceed 50 percent of total moneys received by the Oregon Production Investment Fund during the biennium in which the actual Oregon expenses are incurred.

�� (d) To qualify for reimbursement under this subsection, total actual Oregon expenses for a film or a local media production project must equal or exceed $1 million.

�� (3)(a) The department may reimburse a local filmmaker or local media production services company for all or a portion of the actual Oregon expenses, up to $1 million, incurred by the local filmmaker or local media production services company.

�� (b) To qualify for reimbursement under this subsection:

�� (A) Total actual Oregon expenses paid for the film or media production services must be at least $75,000;

�� (B) The local filmmaker or local media production services company must have spent 80 percent of the film�s payroll on employees who are residents of this state; and

�� (C) The local filmmaker or local media production services company may have employed or contracted with a certified public accountant licensed by the Oregon Board of Accountancy for the provision of payroll services.

�� (4) In combination with the reimbursements allowed under subsections (2) and (3) of this section, the department may make an additional payment to a filmmaker for one of the following:

�� (a) A travel and living expenses rebate of $200 per employee per day, for any day that a film is shot entirely outside the Portland metropolitan zone, not to exceed $10,000 per day or $50,000 per film; or

�� (b) An increase of 10 percent of the amount otherwise allowable under subsections (2) and (3) of this section, if for at least six days and at least one day more than half of its total shoot days in Oregon the film is shot entirely outside the Portland metropolitan zone.

�� (5) Reimbursement under this section shall be made from moneys credited to or deposited in the Oregon Production Investment Fund during the biennium in which the actual Oregon expenses were paid or any prior biennium. A reimbursement may not be made to the extent funds are not available in the fund to make the reimbursement.

�� (6)(a) Total actual Oregon expenses supporting a claim for reimbursement under this section must be verified by the Oregon Film and Video Office. The filmmaker or local media production services company must submit to the office proof of the actual Oregon expenses. The proof must include any documentation that may be required by the office in its discretion to verify the actual Oregon expenses.

�� (b) The office may charge the filmmaker or local media production services company for costs reasonably incurred to verify the actual Oregon expenses, including but not limited to the cost for a review or audit of the supporting documentation by an accountant or auditor. The office may require the department to deduct the costs incurred by the office in performing its review or audit from any reimbursement made to the filmmaker or local media production services company under this section.

�� (c) The office may adopt rules that establish a procedure for the submission and verification of actual Oregon expenses. [2003 c.736 �80; 2007 c.815 �1; 2009 c.787 ��1,1b; 2013 c.750 �49; 2016 c.29 �7; 2022 c.82 �1; 2025 c.132 �30]

�� 284.369 Marketing. The Oregon Film and Video Office may hire or contract with a marketer to market the tax credits described in ORS 315.514 to taxpayers. [2003 c.736 �81]

�� 284.370 [1985 c.776 �6; 1987 c.168 �8; renumbered 285.713 in 1991]

�� 284.371 Creative Opportunity Program; rules; eligible projects. (1) The Oregon Film and Video Office shall develop and implement a Creative Opportunity Program to make payments to entities for the creation and funding of projects described in subsection (4) of this section that promote the film, television, interactive, animation and media industries in Oregon.

�� (2)(a) The office shall establish by rule the eligibility requirements and application process for entities seeking payments under the program.

�� (b) The rules must include, at a minimum, application forms, deadlines and any information and documents required to be included with an application, and may prescribe an application fee.

�� (3) The office may consult with local nonprofit organizations, public agencies, educational institutions, private partners, media production companies, small businesses and community organizations when reviewing and approving or rejecting applications for payments under the program.

�� (4) The creation and funding of the following projects are eligible for payments under the program:

�� (a) Grants for individuals and production projects;

�� (b) Fund matching;

�� (c) Investment in development and production;

�� (d) Mentorship programs;

�� (e) Project and talent incubation;

�� (f) Mutual aid;

�� (g) Creator and storyteller support;

�� (h) Diversity and inclusion initiatives;

�� (i) Educational programming;

�� (j) Workforce development;

�� (k) Regional production development; and

�� (L) Industry-related small business growth stimulus. [2022 c.75 �2]

�� 284.372 Diversity, equity and inclusion policy. In addition to any applicable requirements under ORS

ORS 285C.609

285C.609 (4)(b) by the end of the tax year in which it is due, the exemption shall be revoked and the property shall be fully taxable for the following tax year and for each subsequent tax year for which the fee remains unpaid. If an unpaid fee is paid after the exemption is revoked, the property shall again be eligible for the exemption provided under this section, beginning with the tax year after the payment is made. Reinstatement of the exemption under this subsection shall not extend the 15-year exemption period provided for in subsection (2)(c) of this section. [1993 c.737 �5; 1995 c.698 �8; 1997 c.325 �19; 1997 c.541 �412; 2003 c.662 �12; 2017 c.490 �1; 2023 c.298 �39]

�� 307.125 Property of forest protection agencies. All the real and personal property of districts, organizations, associations and agencies organized for the purposes of forest protection and fire suppression under ORS chapter 477 is exempt from taxation if such property is used exclusively for such protection and suppression. [1957 c.189 �1; 1965 c.253 �138]

�� 307.126 [2001 c.429 �2; 2015 c.23 �4; renumbered 308.671 in 2015]

�� 307.127 [1977 c.478 �1; 1979 c.689 �6; repealed by 1995 c.79 �119]

(Institutional, Religious, Fraternal, Interment Properties)

�� 307.130 Property of certain museums, volunteer fire departments and literary, benevolent, charitable and scientific institutions. (1) As used in this section:

�� (a) �Art museum� means a nonprofit corporation organized to display works of art to the public.

�� (b) �Nonprofit corporation� means a corporation that:

�� (A) Is organized not for profit, pursuant to ORS chapter 65 or any predecessor of ORS chapter 65; or

�� (B) Is organized and operated as described under section 501(c) of the Internal Revenue Code as defined in ORS 305.842.

�� (c) �Rehabilitation program� means a program defined in ORS 344.710 or a program that provides individuals who have physical, mental or emotional disabilities with occupational rehabilitation activities of an educational or therapeutic nature, even if remuneration is received by the individual.

�� (d) �Volunteer fire department� means a nonprofit corporation organized to provide fire protection services in a specific response area.

�� (e) �Welfare program� means a program to provide food, shelter, clothing or health care, including dental service, to needy persons without charge.

�� (2) Upon compliance with ORS 307.162, the following property owned or being purchased by art museums, volunteer fire departments, or incorporated literary, benevolent, charitable and scientific institutions shall be exempt from taxation:

�� (a) Except as provided in ORS 748.414, only real or personal property, or a proportion of the property, that is actually and exclusively occupied or used in the literary, benevolent, charitable or scientific work carried on by such institutions.

�� (b) Parking lots used for parking or any other use as long as that parking or other use is permitted without charge for no fewer than 355 days during the tax year.

�� (c) All real or personal property of a rehabilitation program or any retail outlet of the program, including inventory.

�� (d) All real and personal property of a retail store dealing exclusively in donated inventory, if the inventory is distributed without cost as part of a welfare program or where the proceeds of the sale of any inventory sold to the general public are used to support a welfare program.

�� (e) All real and personal property of a retail store if:

�� (A) The retail store deals on a regular basis in inventory at least one-half of which is donated and consigned;

�� (B) The individuals who operate the retail store are all individuals who work as volunteers; and

�� (C) The inventory is either distributed without charge as part of a welfare program, or sold to the general public and the sales proceeds used exclusively to support a welfare program.

�� (f) The real and personal property of an art museum that is used in conjunction with the public display of works of art or used to educate the public about art, but not including any portion of the art museum�s real or personal property that is used to sell, or hold out for sale, works of art, reproductions of works of art or other items to be sold to the public.

�� (g) All real and personal property of a volunteer fire department that is used in conjunction with services and activities for providing fire protection to all residents within a fire response area.

�� (h) All real and personal property, including inventory, of a retail store owned by a nonprofit corporation if:

�� (A) The retail store deals exclusively in donated inventory; and

�� (B) Proceeds of the retail store sales are used to support a not-for-profit housing program whose purpose is to:

�� (i) Acquire property and construct housing for resale to individuals at or below the cost of acquisition and construction; and

�� (ii) Provide loans bearing no interest to individuals purchasing housing through the program.

�� (i) All real and personal property, including inventory, of a retail store owned by a nonprofit corporation if:

�� (A) The retail store deals exclusively in donated inventory;

�� (B) The retail store operates with substantial support from volunteers; and

�� (C) All net proceeds of the retail store sales are donated:

�� (i) To a nonprofit corporation that provides animal rescue services;

�� (ii) To a manufacturer or provider of goods or services in return for which an entity described in sub-subparagraph (i) of this subparagraph receives an equivalent value of goods or services from the manufacturer or provider;

�� (iii) To an entity that provides spaying and neutering services for pets of individuals residing in households with an annual household income at or below 80 percent of the area median income; or

�� (iv) For the purpose of aiding domesticated animals, regardless of whether the animals are in the custody of the county shelter, in furtherance of the purpose for which the nonprofit corporation was organized.

�� (3) An art museum or institution shall not be deprived of an exemption under this section solely because its primary source of funding is from one or more governmental entities.

�� (4) An institution shall not be deprived of an exemption under this section because its purpose or the use of its property is not limited to relieving pain, alleviating disease or removing constraints. [Amended by 1955 c.576 �1; 1959 c.207 �1; 1969 c.342 �1; 1971 c.605 �1; 1974 c.52 �3; 1979 c.688 �1; 1987 c.391 �1; 1987 c.490 �49; 1989 c.224 �50; 1991 c.93 �4; 1993 c.655 �3; 1995 c.470 �4; 1997 c.599 �1; 1999 c.90 �31; 1999 c.773 �1; 2001 c.660 �26; 2003 c.77 �4; 2005 c.832 �16; 2007 c.70 �75; 2007 c.614 �4a; 2007 c.694 �1; 2008 c.45 �4; 2009 c.5 �14; 2009 c.909 �14; 2010 c.82 �14; 2011 c.7 �14; 2012 c.31 �14; 2013 c.377 �14; 2014 c.52 �16; 2015 c.701 ��46,48; 2017 c.686 ��1,2; 2025 c.228 �12]

�� Note: Sections 1 and 2, chapter 7, Oregon Laws 2014, provide:

�� Sec. 1. (1) For purposes of ORS 307.130 (2)(a), real or personal property of a nonprofit corporation is actually and exclusively occupied or used in the benevolent or charitable work carried on by the nonprofit corporation, and is exempt from ad valorem property taxation, if, for the tax year beginning on July 1, 2012, the property was actually:

�� (a) Offered, occupied or used as low-income housing; and

�� (b) Granted exemption under ORS 307.130 (2)(a) by the county in which the property is located.

�� (2) The exemption provided under subsection (1) of this section continues until the end of the earliest tax year in which the property described in subsection (1) of this section:

�� (a) Is no longer actually offered, occupied or used as low-income housing;

�� (b) Changes ownership other than by sale or transfer to a nonprofit corporation under whose ownership the property continues to be offered, occupied or used as low-income housing; or

�� (c) Is leased in its entirety by the nonprofit corporation claiming the exemption, other than by leases for occupancy of individual units as low-income housing. [2014 c.7 �1]

�� Sec. 2. (1) Section 1, chapter 7, Oregon Laws 2014, applies to property tax years beginning on or after July 1, 2012.

�� (2) The exemption provided under section 1, chapter 7, Oregon Laws 2014, may not be granted for tax years beginning on or after July 1, 2028. [2014 c.7 �2; 2016 c.40 �1; 2021 c.455 �1]

�� 307.134 Definition of fraternal organization. (1) For the purposes of ORS 307.136, �fraternal organization� means a corporation:

�� (a) Organized as a corporation not for profit under the laws of any state or national government;

�� (b) That is not solely a social club but is established under the lodge system with a ritualistic form of work and a representative form of government;

�� (c) That regularly engages in or provides financial support for some form of benevolent or charitable activity with the purpose of doing good to others rather than for the convenience of its members;

�� (d) In which no part of the corporation�s income is distributable to its members, directors or officers;

�� (e) In which no member, officer, agent or employee is paid, or directly or indirectly receives, in the form of salary or other compensation, an amount beyond that which is just and reasonable compensation commonly paid for such services rendered and which has been fixed and approved by the members, directors or other governing body of the corporation; and

�� (f) That is not a college fraternity or sorority.

�� (2) For the purposes of ORS 307.136, �fraternal organization� includes, but is not limited to, the grand and subordinate lodges of the Masons, the grand and subordinate lodges of the Knights of Pythias, the Knights of Columbus, the Benevolent and Protective Order of Elks, the Fraternal Order of Eagles, the Loyal Order of Moose, the Independent Order of Odd Fellows, the Oregon State Grange, the American Legion, the Veterans of Foreign Wars, the International Association of Lions Clubs, the Soroptimist International, the Rotary International and the Kiwanis International. [1961 c.543 ��3,4; 2005 c.389 �1]

�� 307.136 Property of fraternal organizations. Upon compliance with ORS 307.162, the following property owned or being purchased by fraternal organizations shall be exempt from taxation:

�� (1) All the real or personal property, or portion thereof, which is actually occupied or used in fraternal or lodge work or for entertainment and recreational purposes by one or more fraternal organizations, except that property or portions of property of a fraternal organization rented or leased by it at any time to other persons for sums greater than reasonable expenses for heat, light, water, janitorial services and supplies and facility repair and rehabilitation shall be subject to taxation.

�� (2) Parking lots used for parking or any other use as long as that parking or other use is permitted without charge for no fewer than 355 days during the tax year. [1961 c.543 �2; 1974 c.52 �1; 1993 c.655 �4; 1997 c.441 �1]

�� 307.140 Property of religious organizations; affordable housing. Upon compliance with ORS 307.162, the following property owned or being purchased by religious organizations shall be exempt from taxation:

�� (1) All houses of public worship and other additional buildings and property used solely for administration, education, literary, benevolent, charitable, entertainment and recreational purposes by religious organizations, the lots on which they are situated, and the pews, slips and furniture therein. However, any part of any house of public worship or other additional buildings or property which is kept or used as a store or shop or for any purpose other than those stated in this section shall be assessed and taxed the same as other taxable property.

�� (2) Parking lots used for parking or any other use as long as that parking or other use is permitted without charge for no fewer than 355 days during the tax year.

�� (3) Land and buildings on the land held or used solely for cemetery or crematory purposes, including any buildings solely used to store machinery or equipment used exclusively for maintenance of such lands.

�� (4)(a) Land and buildings on the land held or used solely to provide affordable housing to low-income households including, but not limited to, any portion of the property for any period during which the portion of the property is rented out as affordable housing to low-income households.

�� (b) As used in this subsection:

�� (A) �Affordable housing� has the meaning given that term in ORS 197A.470.

�� (B) �Low-income households� means households described in ORS 197A.470 (1).

�� (5) ORS 315.037 does not apply to this section. [Amended by 1955 c.258 �1; 1959 c.207 �2; 1973 c.397 �1; 1974 c.52 �2; 1987 c.756 �3; 1993 c.655 �5; 2021 c.446 �1]

�� 307.145 Certain child care facilities, schools and student housing. (1) If not otherwise exempt by law, upon compliance with ORS 307.162, the child care facilities, schools, academies and student housing accommodations, owned or being purchased by incorporated eleemosynary institutions or by incorporated religious organizations, used exclusively by such institutions or organizations for or in immediate connection with educational purposes, are exempt from taxation.

�� (2) Property described in subsection (1) of this section which is exclusively for or in the immediate connection with educational purposes shall continue to be exempt when leased to a political subdivision of the State of Oregon, or to another incorporated eleemosynary institution or incorporated religious organization for an amount not to exceed the cost of repairs, maintenance and upkeep.

�� (3)(a) As used in this section, �child care facility� means a child care center certified under ORS 329A.280 to provide educational child care.

�� (b) Before an exemption for a child care facility is allowed under this section, in addition to any other information required under ORS 307.162, the statement shall:

�� (A) Describe the property and declare or be accompanied by proof that the corporation is an eleemosynary institution or religious organization.

�� (B) Declare or be accompanied by proof that the Department of Early Learning and Care has issued the child care facility a certification to provide educational child care.

�� (C) Be signed by the taxpayer subject to the penalties for false swearing. [1957 c.683 �1; 1959 c.207 �3; 1971 c.670 �1; 1981 c.611 �1; 1987 c.756 �6; 1993 c.733 �10; 1995 c.278 �32; 1999 c.743 �20; 2003 c.293 �13; 2013 c.624 �74; 2023 c.554 �44]

�� 307.147 Senior services centers. (1) For purposes of this section:

�� (a) �Nonprofit corporation� means a corporation that:

�� (A) Is organized not for profit, pursuant to ORS chapter 65 or any predecessor of ORS chapter 65; or

�� (B) Is organized and operated as described under section 501(c) of the Internal Revenue Code as defined in ORS 305.842.

�� (b) �Senior services center� means property that:

�� (A) Is owned or being purchased by a nonprofit corporation;

�� (B) Is actually and exclusively used to provide services and activities (including parking) primarily to or for persons over 50 years of age;

�� (C) Is open generally to all persons over 50 years of age;

�� (D) Is not used primarily for fund-raising activities; and

�� (E) Is not a residential or dwelling place.

�� (2) Upon compliance with ORS 307.162, a senior services center is exempt from ad valorem property taxation. [1993 c.777 �2; 1997 c.541 �104; 1997 c.839 �44; 1999 c.90 �32; 2001 c.660 �27; 2003 c.77 �5; 2005 c.94 �31; 2005 c.832 �17; 2007 c.614 �5; 2008 c.45 �5; 2009 c.5 �15; 2009 c.909 �15; 2010 c.82 �15; 2011 c.7 �15; 2012 c.31 �15; 2013 c.377 �15; 2014 c.52 �17]

�� 307.150 Property used for burial, cremation or alternative disposition. (1) Notwithstanding ORS 307.022, upon compliance with ORS 307.162, the following property is exempt from taxation:

�� (a) Burial grounds, tombs and rights of burial, and lands and buildings on the land, not exceeding 30 acres, used for the sole purpose of a crematory or alternative disposition facility, as defined in ORS 97.010, and for burial of incinerated or reduced remains.

�� (b) Lands used or held exclusively for cemetery purposes, not exceeding 600 acres.

�� (c) Burial lots or space for burial of incinerated or reduced remains in buildings or grounds used or held exclusively for burial purposes.

�� (d) Buildings on land described in paragraph (a) or (b) of this subsection that are used to store machinery or equipment used exclusively for maintenance of burial grounds.

�� (e) Personal property used exclusively for cemetery, crematory or alternative disposition facility purposes.

�� (2) The statement required under ORS 307.162 shall be filed by the owner of the property described in subsection (1) of this section.

�� (3) Any property exclusively occupied and used as a family burial ground is exempt from ad valorem taxation. [Amended by 1987 c.756 �4; 1999 c.398 �7; 2009 c.455 �1; 2021 c.296 �32]

�� 307.155 When land exempt under ORS 97.660, 307.140 or 307.150 taxable; lien. (1) Land that is exempt from ad valorem property tax under ORS 97.660, 307.140 (3) or 307.150 that ceases to be used or held exclusively for cemetery or crematory purposes shall be subject to assessment and taxation uniformly with real property of nonexempt ownerships.

�� (2) There shall be added to the next general property tax roll, to be collected and distributed in the same manner as other real property taxes, additional taxes equal to the total amount of taxes that otherwise would have been assessed against the land had the land not been used or held for cemetery or crematory purposes for the last 10 years (or such lesser number of years, corresponding to the years after 1981 of exemption for the land) preceding the year after 1981 in which the land was exempt from taxation.

�� (3) The lien for the additional taxes imposed by this section, and the interest thereon, shall attach as of the date preceding the date of sale or other transfer of the land.

�� (4) For each year that land is exempt from taxation under ORS 97.660, 307.140 (3) or 307.150, or both, the assessor shall enter on the assessment and tax roll, with respect to the land, the notation �(cemetery land-potential additional tax).�

�� (5) The amount of additional taxes determined to be due under this section may be paid to the tax collector prior to the completion of the next general property tax roll, pursuant to ORS 311.370.

�� (6) Additional taxes collected under this section shall be deemed to have been imposed in the year to which the additional taxes relate. [1981 c.572 �1; 1987 c.756 �4a; 1991 c.459 �43; 1997 c.541 �105]

�� Note: 307.155 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 307 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 307.157 [2001 c.422 �4; repealed by 2024 c.52 �11]

�� 307.158 Continued exemption for former cemetery or crematory land used for exempt low income housing; application; disqualification; additional taxes. (1) Notwithstanding ORS 92.095,

ORS 291.232

291.232 to 291.260.

�� (2) The Department of Human Services shall keep a record of all moneys credited to and deposited in the Services to Children and Families Account. The record shall indicate by separate cumulative accounts the source from which the moneys are derived and the individual activity or program against which each withdrawal is charged.

�� (3) In addition to sources provided under other laws, the sources of moneys in the Services to Children and Families Account may include amounts paid to the Department of Human Services by other organizations and state agencies in support of the department�s programs and activities and other moneys received by the department that are incidental to its operations. [Formerly 184.815; 1997 c.130 �6; 2005 c.755 �32; 2015 c.70 �3]

�� 409.265 Use of child�s income for maintenance costs prohibited. (1) As used in this section:

�� (a) �Child� means a ward, as defined in ORS 419A.004, in the custody of the Department of Human Services under ORS 419B.337.

�� (b) �Maintenance cost� means a payment to a foster parent or relative caregiver for the costs of providing a child with food, clothing, housing, daily supervision, personal incidentals and transportation.

�� (2) Except for moneys received pursuant to a child support order or as otherwise specifically required by federal or state law, court order or other legal instrument, the department may not use any funds, benefits, payments, proceeds, settlements, awards, inheritances, wages or any other moneys received by the department on behalf of a child for the purpose of maintenance costs.

�� (3)(a) The department shall establish separate accounts for each child for whom the department will receive any funds, benefits, payments, proceeds, settlements, awards, inheritances, wages or any other moneys.

�� (b) The department shall, in collaboration with the State Treasurer, administer each separate account established under this subsection consistent with the department�s fiduciary duties, in the best interest of the child for whom the separate account is established and in compliance with any applicable state or federal law, court order or other legal instrument.

�� (c) The department may make distributions from a separate account for expenditures related to the personal needs of the child, including:

�� (A) Tuition, tutoring and training, including the costs of application fees, books, equipment and testing;

�� (B) Transportation to work or training or to maintain family connections;

�� (C) Travel for educational purposes;

�� (D) Expenses related to the child�s transition into adulthood, including first and last months� rent, housing application fees and one-time purchases by the child of essential household supplies, including furniture, kitchen equipment, linens and cleaning supplies;

�� (E) Technology, including the purchase of a computer, needed to advance the child�s skills in school, work or independence or to maintain connections with siblings;

�� (F) Clothing or supplies for special events typical for a person of the child�s age and culture; and

�� (G) Instruments, books, supplies, fees and equipment to support the child in pursuing hobbies, sports, the arts and other special skills.

�� (d) Except as required by state or federal law or as specifically provided in paragraph (c) of this subsection, the department may not make distributions from a child�s separate account for expenses related to the duties of a legal custodian as described in ORS 419B.373 (1), (2) or (3).

�� (4) Unless otherwise prohibited by state or federal law, at the request of the child or the child�s attorney or representative, the department may:

�� (a) Direct that any moneys described in subsection (3) of this section that would be received by the department on behalf of the child instead be paid directly into a trust account, or subaccount of a trust account, that is established by the department under ORS 430.195 for the purpose of receiving moneys payable to the child and that earns interest for the benefit of the child; or

�� (b) Distribute any moneys described in subsection (3) of this section that are held by the department for the child to any of the following privately held accounts established for the sole benefit of the child:

�� (A) An Oregon Uniform Transfers to Minors Act account under ORS 126.805 to 126.886 that delays transfer of the custodial property until the child attains 25 years of age;

�� (B) An account established under ORS 178.335 within the Oregon 529 Savings Network in the name of the child;

�� (C) An ABLE account established under ORS 178.380 with the child named as the designated beneficiary;

�� (D) A trust established under ORS chapter 130, if the trust names the child as the sole beneficiary and appoints an independent, qualified trustee; or

�� (E) Any other privately held account described by the department by rule.

�� (5) Nothing in this section requires the department or the State Treasurer to establish or coordinate the establishment of, or, except as required by state or federal law, monitor or verify the viability of an account described in subsection (4)(b) of this section.

�� (6) The department shall adopt rules to carry out the provisions of this section. [2023 c.576 �1; 2023 c.576 �2]

SEXUAL ASSAULT CRISIS CENTERS AND CRISIS LINES

�� 409.270 Definitions for ORS 409.273 to 409.285. As used in ORS 409.273 to 409.285:

�� (1) �Crisis line� means an emergency telephone service staffed by persons who are trained to provide emergency peer counseling, information, referral and advocacy to victims of sexual offenses and their families.

�� (2) �Director� means the Director of Human Services. [1999 c.943 �2; 2001 c.900 �71]

�� 409.273 Funding of sexual assault crisis centers and crisis lines; rulemaking. (1) The Director of Human Services may make grants to and enter into contracts with private nonprofit organizations that provide intervention and support services to victims of sexual offenses and their families. Grants or contracts under this subsection may be:

�� (a) For the funding of sexual assault crisis centers; and

�� (b) For the funding of crisis lines providing services to victims of sexual offenses and their families.

�� (2) Notwithstanding the provisions of ORS 192.001 to 192.170, 192.210 to 192.478 and 192.610 to 192.810:

�� (a) The director may by rule provide that the locations of premises utilized for sexual assault crisis centers shall be kept confidential.

�� (b) All information maintained by the sexual assault crisis center or crisis line relating to clients is confidential. Except for the names of clients, necessary information may be disclosed to the director. [1999 c.943 �3]

�� 409.276 Standards for sexual assault crisis centers. The Director of Human Services shall establish minimum standards for sexual assault crisis centers receiving grants or other financial assistance under ORS 409.273. [1999 c.943 �4]

�� 409.279 Application for grants; notification of final action on application. (1) A private nonprofit organization operating a sexual assault crisis center or crisis line may apply to the Director of Human Services for a grant under ORS 409.273. The organization must submit to the director, at the time of application:

�� (a) A statement of services provided;

�� (b) Proof of maintenance of accurate and complete financial records;

�� (c) Clearly defined written policies and procedures; and

�� (d) A list of members of the governing board.

�� (2) The director shall approve or reject applications within 60 days after receipt. The director shall mail written notification to the applicant no later than five working days following final action taken on the application.

�� (3) The director shall consider the geographic area of the state from which an application is submitted to the end that all areas of the state develop programs to deal with the victims of sexual offenses. [1999 c.943 �5]

�� 409.282 Services provided by sexual assault crisis centers and crisis lines. Services provided by sexual assault crisis centers and crisis lines receiving grants or other financial assistance under ORS 409.273 shall be made accessible and available to all persons who reside in the area served who may need the services. If a sexual assault crisis center or crisis line receiving funds under ORS 409.273 is unable to provide necessary services to a client, it shall refer the client to alternative community resources. [1999 c.943 �6]

�� 409.285 Sexual Assault Victims Fund. (1) There is established the Sexual Assault Victims Fund in the Services to Children and Families Account of the General Fund established under ORS

ORS 293.180

293.180 in the amount of $5,000. [1955 c.282 �1; 1967 c.470 �57; 1983 c.486 �39; 1989 c.830 �24]

�� 677.310 [Amended by 1967 c.470 �58; repealed by 1989 c.830 �49]

ENFORCEMENT

�� 677.320 Investigation of complaints and suspected violations. (1) Upon the complaint of any resident of this state, or upon its own initiative, the Oregon Medical Board may investigate any alleged violation of this chapter. If, after the investigation, the board has reason to believe that any person is subject to criminal prosecution in this state for the violation of this chapter, the board shall lay the facts before the proper district attorney.

�� (2) In the conduct of investigations, the board or its designated representative may:

�� (a) Take evidence;

�� (b) Take the depositions of witnesses, including the person charged;

�� (c) Compel the appearance of witnesses, including the person charged;

�� (d) Require answers to interrogatories; and

�� (e) Compel the production of books, papers, accounts, documents and testimony pertaining to the matter under investigation.

�� (3) In exercising its authority under subsection (2) of this section, the board may issue subpoenas over the signature of the executive director and the seal of the board in the name of the State of Oregon.

�� (4) In any proceeding under this section where the subpoena is addressed to a licensee of this board, it shall not be a defense that the material that is subject to the subpoena is protected under a patient and physician privilege.

�� (5) If a licensee who is the subject of an investigation or complaint is to appear before members of the board investigating the complaint, the board shall provide the licensee with a current summary of the complaint or the matter being investigated not less than five days prior to the date that the licensee is to appear. At the time the summary of the complaint or the matter being investigated is provided, the board shall provide to the licensee a current summary of documents or alleged facts that the board has acquired as a result of the investigation. The name of the complainant or other information that reasonably may be used to identify the complainant may be withheld from the licensee.

�� (6) A licensee who is the subject of an investigation and any person authorized to act on behalf of the licensee shall not knowingly contact the complainant until the licensee has requested a contested case hearing and the board has authorized the taking of the complainant�s deposition pursuant to ORS 183.425.

�� (7) Except in an investigation or proceeding conducted by the board or another public entity, or in an action, suit or proceeding where a public entity is a party, a licensee shall not be questioned or examined regarding any communication with the board made in an appearance before the board as part of an investigation. This section shall not prohibit examination or questioning of a licensee regarding records dealing with a patient�s care and treatment or affect the admissibility of those records. As used in this section, �public entity� has the meaning given that term in ORS 676.177. [Amended by 1983 c.486 �40; 1989 c.830 �25; 1997 c.792 �26; 1999 c.751 �5; 2023 c.228 �51]

�� 677.325 Enjoining unlicensed practice of medicine. The Oregon Medical Board may maintain a suit for an injunction against any person violating ORS 677.080 (4). Any person who has been so enjoined may be punished for contempt by the court issuing the injunction. An injunction may be issued without proof of actual damage sustained by any person. An injunction shall not relieve a person from criminal prosecution for violation of ORS 677.080 (4). [Formerly 677.040]

�� 677.330 Duty of district attorney and Attorney General; jurisdiction of prosecutions. (1) The district attorney of each county shall prosecute any violation of this chapter occurring in the county. The Oregon Medical Board shall be represented by the Attorney General acting under ORS 180.140. Each district attorney shall bring to the attention of the grand jury of the county any information independently developed by the district attorney, the Attorney General or other law enforcement agencies pertaining to a violation of this chapter.

�� (2) Upon any appeal to the Court of Appeals of this state in any of the proceedings referred to in subsection (1) of this section, the Attorney General shall assist the district attorney in the trial of the cause in the Court of Appeals.

�� (3) Justice courts and the circuit courts have concurrent jurisdiction of prosecutions for the violation of this chapter. [Amended by 1967 c.470 �60; 1979 c.562 �30; 1997 c.791 �20]

�� 677.335 Official actions of board and personnel; privileges and immunities; scope of immunity of complainant. (1) Members of the Oregon Medical Board, members of its administrative and investigative staff, medical consultants, and its attorneys acting as prosecutors or counsel shall have the same privilege and immunities from civil and criminal proceedings arising by reason of official actions as prosecuting and judicial officers of the state.

�� (2) No person who has made a complaint as to the conduct of a licensee of the board or who has given information or testimony relative to a proposed or pending proceeding for misconduct against the licensee of the board, shall be answerable for any such act in any proceeding except for perjury committed by the person. [1975 c.776 �2; 1989 c.830 �26]

�� 677.340 [Amended by 1967 c.470 �6; renumbered 677.075]

�� 677.355 [1977 c.686 �1; repealed by 2025 c.592 �83]

�� 677.360 [1977 c.686 �2; repealed by 2025 c.592 �83]

�� 677.365 [1977 c.686 �3; 2015 c.629 �57; repealed by 2025 c.592 �83]

�� 677.370 [1977 c.686 �4; 2019 c.280 �14; 2019 c.456 �4; repealed by 2025 c.592 �83]

COMPETENCY TO PRACTICE MEDICINE OR PODIATRY

�� 677.410 Voluntary limitation of license; removal of limitation. A licensee may request in writing to the Oregon Medical Board a limitation of license to practice medicine or podiatry, respectively. The board may grant such request for limitation and shall have authority, if it deems appropriate, to attach conditions to the license of the licensee within the provisions of ORS 677.205 and 677.410 to

ORS 293.533

293.533; 2005 c.22 �228; 2007 c.707 �1; 2017 c.687 �1; 2019 c.240 �1]

�� Note: 323.800 to 323.807 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 323 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 323.803 Findings and purpose. (1) Cigarette smoking presents serious public health concerns to the State of Oregon and to the people of the State of Oregon. The Surgeon General has determined that smoking causes lung cancer, heart disease and other serious diseases, and that there are hundreds of thousands of tobacco-related deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins smoking.

�� (2) Cigarette smoking also presents serious financial concerns for this state. Under certain health care programs, the State of Oregon may have a legal obligation to provide medical assistance to eligible persons for health conditions associated with cigarette smoking, and those persons may have a legal entitlement to receive such medical assistance.

�� (3) Under those health care programs, the State of Oregon pays millions of dollars each year to provide medical assistance for persons for health conditions associated with cigarette smoking.

�� (4) It is the policy of the State of Oregon that financial burdens imposed on this state by cigarette smoking be borne by tobacco product manufacturers rather than by this state. Tobacco product manufacturers that have settled with this state pay the State of Oregon millions of dollars each year. Other tobacco product manufacturers do not make direct payments to this state.

�� (5) On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the �Master Settlement Agreement,� with the State of Oregon. The Master Settlement Agreement obligates those manufacturers, in return for a release of past, present and certain future claims against them as described in the Master Settlement Agreement:

�� (a) To pay substantial sums to the State of Oregon (tied in part to their volume of sales);

�� (b) To fund a national foundation devoted to the interests of public health; and

�� (c) To make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking.

�� (6) The State of Oregon owes its public health obligations equally to all persons in this state who smoke, regardless of the brand of cigarette smoked or the status of the tobacco product manufacturer under the Master Settlement Agreement.

�� (7) It is consistent with the policy of the State of Oregon to require tobacco product manufacturers that have not entered into a settlement with this state to pay directly to this state an amount that is intended to:

�� (a) Prevent the manufacturers from deriving large, short-term profits and then becoming judgment-proof;

�� (b) Require the manufacturers to assume the health care costs imposed on this state by cigarette smoking;

�� (c) Increase the retail prices of cigarettes sold by the manufacturers, thereby reducing smoking rates, particularly among youth, as consistent with this state�s policy of discouraging youth smoking; and

�� (d) Serve as partial compensation for the financial burdens imposed on this state by cigarette smoking. [Formerly 293.530; 2017 c.315 �31; 2023 c.401 �1]

�� Note: See note under 323.800.

�� 323.804 Liability of nonparticipating manufacturer for equity assessment; annual certification; credits or refunds; civil actions; penalties. (1) Except for a Participating Manufacturer, as that term is defined in the Master Settlement Agreement, that is generally performing its financial obligations under the Master Settlement Agreement, a tobacco product manufacturer is liable for an equity assessment for units sold within the State of Oregon after January 1, 2024.

�� (2) The equity assessment is $0.0188482 per unit sold, as this amount is adjusted for inflation.

�� (3)(a) Each tobacco product manufacturer that is liable for an equity assessment shall annually certify to the Attorney General that it is in compliance with this section and remit the required equity assessment to this state by April 15 of the year following the sales year at issue. Tobacco product manufacturers have a continuing obligation to submit amended certificates of compliance if their sales or payment information changes.

�� (b) The Attorney General may issue amended notices of equity assessment if additional units sold are discovered through audit or otherwise. The tobacco product manufacturer shall cause the assessed amount to be remitted to this state within 30 days of the date of the amended notice.

�� (c) Any amounts recovered under this section are the property of the state, and this section creates no cause or right of action in any party except the State of Oregon. Amounts recovered under this section shall be deposited in the Oregon Health Authority Fund established under ORS 413.101 and shall be used for expenses of the Oregon Health Plan.

�� (d) Nothing in this section operates to:

�� (A) Waive the right of the state to bring a claim against a tobacco product manufacturer, except that any funds paid to the state under this section shall be credited on a dollar-for-dollar basis against any such judgment or settlement; or

�� (B) Relieve a tobacco product manufacturer from any obligation or duty imposed pursuant to ORS 180.400 to 180.455 or any other provision of Oregon law.

�� (e) A tobacco product manufacturer may seek and receive a credit or refund of equity assessment payments to the extent that the tobacco product manufacturer establishes that the amount of the equity assessment paid on account of units sold in Oregon in a particular year was greater than the Master Settlement Agreement payments, as determined pursuant to section IX(i) of that agreement after final determination of all adjustments, that the manufacturer would have been required to make an account of such units sold, had it been a Participating Manufacturer, as that term is defined in the Master Settlement Agreement. A tobacco product manufacturer may seek a credit or refund within one year after the due date of the assessment.

�� (4) The Attorney General may bring a civil action on behalf of the State of Oregon against any tobacco product manufacturer that fails to remit the amount due under subsection (2) of this section. In addition to recovering the equity assessment, the Attorney General shall be entitled to reasonable attorney fees, costs and expenses incurred in prosecuting the action and any appeal. Attorney fees, costs and expenses recovered under this subsection shall be deposited in the Tobacco Enforcement Fund established under ORS 180.205.

�� (5)(a) The court, upon a finding of a violation of subsection (1) of this section, may impose a civil penalty upon the tobacco product manufacturer to be paid to the General Fund of this state in an amount not to exceed five percent of the amount improperly withheld per day of the violation and in a total amount not to exceed 100 percent of the original amount improperly withheld.

�� (b) The court, upon a finding of a knowing violation of subsection (1) of this section, may impose a civil penalty upon the tobacco product manufacturer to be paid to the General Fund of this state in an amount not to exceed 15 percent of the amount improperly withheld per day of the violation and in a total amount not to exceed 300 percent of the original amount improperly withheld.

�� (c) In the case of a second knowing violation of subsection (1) of this section, the tobacco product manufacturer shall be prohibited from selling cigarettes to consumers within the State of Oregon (whether directly or through a distributor, retailer or similar intermediary or intermediaries) for a period not to exceed two years. Each failure to make a payment required under this section shall constitute a separate violation.

�� (6) In the case of units sold that are cigarettes manufactured outside the United States and imported into the United States by an importer:

�� (a) Importers shall be jointly and severally liable with the tobacco product manufacturer of the cigarettes for the equity assessments required under subsection (1) of this section;

�� (b) Importers may be sued under subsection (4) of this section to the same extent as the tobacco product manufacturer, and shall be subject to all of the same civil penalties, remedies or other relief that may be awarded against the tobacco product manufacturer of the cigarettes as provided in subsection (4) of this section;

�� (c) If the importer fails or refuses within 15 days of the Attorney General�s written demand to remit the equity assessment for which it is jointly and severally liable under paragraph (a) of this subsection, all cigarettes imported into the United States by the importer shall constitute contraband cigarettes as defined in ORS 323.010 and shall be subject to seizure and forfeiture as provided under ORS 323.248; and

�� (d) A nonparticipating manufacturer located outside the United States that conducts business in this state shall provide to the Attorney General on a form prescribed by the Attorney General a declaration from each importer that imports the cigarettes of the nonparticipating manufacturer intended for sale in this state stating that the importer accepts liability pursuant to subsection (1) of this section and consents to the jurisdiction of the courts of this state for the purposes of enforcing this section. [2023 c.401 �8]

�� Note: See note under 323.800.

�� 323.806 Required actions by manufacturers; liability of importers. (1) Any tobacco product manufacturer selling cigarettes to consumers within the State of Oregon (whether directly or through a distributor, retailer or similar intermediary or intermediaries) after October 23, 1999, shall do one of the following:

�� (a) Become a Participating Manufacturer (as that term is defined in section II(jj) of the Master Settlement Agreement) and generally perform its financial obligations under the Master Settlement Agreement; or

�� (b)(A) Satisfy the equity assessment required under ORS 323.804 and place into a qualified escrow fund by April 15 of the year following the year in question the following amounts (as such amounts are adjusted for inflation):

�� (i) For 1999, $0.0094241 per unit sold after October 23, 1999.

�� (ii) For 2000, $0.0104712 per unit sold.

�� (iii) For each of the years 2001 and 2002, $0.0136125 per unit sold.

�� (iv) For each of the years 2003 through 2006, $0.0167539 per unit sold.

�� (v) For each of the years 2007 through 2023, $0.0188482 per unit sold.

�� (B) A tobacco product manufacturer that places funds into escrow pursuant to subparagraph (A) of this paragraph shall receive the interest or other appreciation on such funds as earned. Such funds themselves shall be released from escrow only under the following circumstances:

�� (i) To pay a judgment or settlement on any released claim brought against such tobacco product manufacturer by the State of Oregon or any releasing party located or residing in this state. Funds shall be released from escrow under this sub-subparagraph in the order in which they were placed into escrow and only to the extent and at the time necessary to make payments required under such judgment or settlement;

�� (ii) To pay an equity assessment required under ORS 323.804;

�� (iii) To the extent that a tobacco product manufacturer establishes that the amount it was required to place into escrow on account of units sold in Oregon in a particular year was greater than the Master Settlement Agreement payments, as determined pursuant to section IX(i) of that agreement after final determination of all adjustments, that the manufacturer would have been required to make on account of such units sold had it been a Participating Manufacturer (as that term is defined in the Master Settlement Agreement), the excess shall be released from escrow and revert back to such tobacco product manufacturer; or

�� (iv) To the extent not released from escrow under sub-subparagraph (i), (ii) or (iii) of this subparagraph, funds shall be released from escrow and revert back to such tobacco product manufacturer 25 years after the date on which they were placed into escrow.

�� (C) Each tobacco product manufacturer that elects to place funds into escrow pursuant to this paragraph shall annually certify to the Attorney General that it is in compliance with this paragraph. The Attorney General may bring a civil action on behalf of the State of Oregon against any tobacco product manufacturer that fails to place into escrow the funds required under this paragraph. Any tobacco product manufacturer that fails in any year to place into escrow the funds required under this paragraph shall:

�� (i) Be required within 15 days to place such funds into escrow as shall bring such manufacturer into compliance with this paragraph. The court, upon a finding of a violation of this paragraph, may impose a civil penalty to be paid to the General Fund of this state in an amount not to exceed five percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 100 percent of the original amount improperly withheld from escrow;

�� (ii) In the case of a knowing violation, be required within 15 days to place such funds into escrow as shall bring such manufacturer into compliance with this paragraph. The court, upon a finding of a knowing violation of this paragraph, may impose a civil penalty to be paid to the General Fund of this state in an amount not to exceed 15 percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 300 percent of the original amount improperly withheld from escrow; and

�� (iii) In the case of a second knowing violation, be prohibited from selling cigarettes to consumers within the State of Oregon (whether directly or through a distributor, retailer or similar intermediary or intermediaries) for a period not to exceed two years. Each failure to make an annual deposit required under this section shall constitute a separate violation.

�� (2) In the case of units sold that are cigarettes manufactured outside the United States and imported into the United States by an importer:

�� (a) Importers shall be jointly and severally liable with the tobacco product manufacturer of the cigarettes for the escrow deposits required under subsection (1)(b)(A) of this section;

�� (b) Importers may be sued under subsection (1)(b)(C) of this section to the same extent as the tobacco product manufacturer, and shall be subject to all of the same civil penalties, remedies, or other relief that may be awarded against the tobacco product manufacturer of the cigarettes as provided in subsection (1)(b)(C) of this section;

�� (c) If the importer fails or refuses within 15 days of the Attorney General�s written demand to deposit the funds into escrow for which it is jointly and severally liable under paragraph (a) of this subsection, all cigarettes imported into the United States by the importer shall constitute contraband cigarettes as defined in ORS 323.010 and shall be subject to seizure and forfeiture as provided under ORS 323.248; and

�� (d) A nonparticipating manufacturer located outside the United States that conducts business in this state shall provide to the Attorney General on a form prescribed by the Attorney General a declaration from each importer that imports the cigarettes of the nonparticipating manufacturer intended for sale in this state stating that the importer accepts liability pursuant to subsection (1)(b)(A) of this section and consents to the jurisdiction of the courts of this state for the purposes of enforcing this section. [Formerly

ORS 293.611

293.611, 293.625 and 293.630 apply to the Oregon Film and Video Office. [1995 c.242 �7; 2003 c.794 �234; 2012 c.107 �61]

�� Note: Sections 1, 1a and 2, chapter 559, Oregon Laws 2005, provide:

�� Sec. 1. Labor rebate for qualifying film production; requirements; certification of eligibility; rebate process; rules. (1) As used in this section:

�� (a) �Actual expenses� means the costs paid in Oregon for principal photography, production or postproduction in Oregon of a qualifying film production, including but not limited to the purchase or rental cost of equipment, food, lodging, real property and permits and payments made for salaries, wages and benefits for work in Oregon.

�� (b) �Commercial� means a moving image production created to advertise a product or service.

�� (c) �Qualifying compensation� means wages paid by an employer to an employee for services performed in Oregon in connection with a qualifying film production.

�� (d)(A) �Qualifying film production� means a production that occurs primarily in Oregon of:

�� (i) One or more commercials;

�� (ii) One or more episodes of a television show; or

�� (iii) A movie to be released in theaters, on video, on television, over the Internet or over any other distribution channel.

�� (B) �Qualifying film production� does not include the production of one or more segments of a newscast or sporting event.

�� (2) The Oregon Film and Video Office shall pay a labor rebate to any person engaged in a qualifying film production for qualifying compensation paid by the person, if:

�� (a) The person has been certified by the office as eligible for a labor rebate;

�� (b) The person has made withholding payments under ORS 316.220; and

�� (c) The office has verified the actual expenses that support a claim for a labor rebate under this section and those expenses exceed $1 million.

�� (3) The amount of the labor rebate for a qualifying film production shall equal the amount withheld under ORS 316.220 with respect to the qualifying film production and deposited in the Greenlight Oregon Labor Rebate Fund established in section 2, chapter 559, Oregon Laws 2005, less the expenses described in subsection (5)(b) of this section.

�� (4)(a) A person seeking a labor rebate under this section shall apply to the office for certification.

�� (b) The office shall certify a person intending to engage in a qualifying film production as eligible for a labor rebate under this section if it is reasonably likely that the person will incur actual expenses of at least $1 million that are related to a qualifying film production and:

�� (A) If the qualifying film production consists of one or more episodes of a television series, the actual expenses are associated with production that comprises no more than a single season of episodes;

�� (B) If the qualifying film production consists of one or more commercials, the actual expenses are to be incurred within a single year; or

�� (C) If the qualifying film production consists of a movie or other film production not described in subparagraph (A) or (B) of this paragraph, the actual expenses are associated with that movie or other film production.

�� (c) If the office decides to certify an applicant, the office shall send a written certificate to the applicant and a copy of the certificate to the Department of Revenue.

�� (5)(a) Upon completion of the qualifying film production for which a certificate was issued under subsection (4) of this section, the office shall verify the actual expenses supporting a claim for a labor rebate under this section. The certificate holder shall submit to the office proof of the actual expenses paid in Oregon to produce the qualifying film production. The proof must include any documentation that may be required by the office in its discretion to verify the actual expenses.

�� (b) The office may deduct from the amount of the labor rebate costs reasonably incurred:

�� (A) To verify the actual expenses, including but not limited to the cost for a review or audit of the supporting documentation by an accountant or auditor; and

�� (B) For workforce development and educational efforts undertaken by the office in connection with the qualifying film production, not to exceed one percent of the amount of the labor rebate.

�� (c) The office may adopt rules that establish procedures for the submission of proof of and verification of actual expenses, the costs of workforce development and educational efforts and the payment of rebates.

�� (6)(a) Following verification of actual expenses by the office, the office shall pay a labor rebate to the certificate holder in the amount determined under subsection (3) of this section.

�� (b) If the office is unable to verify that actual expenses of the certificate holder are at least $1 million for the qualifying film production for which the certificate was issued, the office may not pay a labor rebate to the certificate holder. Moneys in the Greenlight Oregon Labor Rebate Fund that are attributable to withholding paid by a certificate holder for whom the office is unable to verify sufficient actual expenses may be used for the purposes of the office. [2005 c.559 �1; 2017 c.38 �1]

�� Sec. 2. Greenlight Oregon Labor Rebate Fund; permissible use of moneys; transfer of moneys. (1) The Greenlight Oregon Labor Rebate Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Greenlight Oregon Labor Rebate Fund shall be credited to the Greenlight Oregon Labor Rebate Fund.

�� (2) All moneys in the Greenlight Oregon Labor Rebate Fund are continuously appropriated to the Oregon Business Development Department for the purposes of transferring amounts requested under subsection (3) of this section to the Oregon Film and Video Office.

�� (3) Following verification by the Oregon Film and Video Office of actual expenses of a qualifying film production certificate holder under section 1 of this 2005 Act and a request for a transfer of funds by the office, the department shall transfer amounts sufficient to pay the labor rebate described in section 1 (6)(a) of this 2005 Act and the costs of the office described in section 1 (5)(b) of this 2005 Act. [2005 c.559 �2]

�� Sec. 1a. The Oregon Film and Video Office may not issue a qualifying film production labor rebate certificate under section 1, chapter 559, Oregon Laws 2005, on or after January 1, 2030. [2005 c.559 �1a; 2011 c.730 �16; 2017 c.38 �2; 2021 c.525 �33]

�� 284.380 [1985 c.776 �7; 1987 c.757 �5; renumbered 285.715 in 1991]

�� 284.390 [1985 c.776 ��8,9; 1987 c.757 �6; renumbered 285.717 in 1991]

�� 284.400 [1985 c.776 �14; 1987 c.757 �7; renumbered 285.720 in 1991]

�� 284.410 [1985 c.776 �12; 1987 c.757 �8; renumbered 285.723 in 1991]

�� 284.415 [1987 c.757 �18; renumbered

ORS 293.701

293.701 to 293.790. [2001 c.977 ��1,2,3; 2002 s.s.5 c.2 �17; 2003 c.11 �8; 2003 c.801 �24; 2007 c.853 �1; 2023 c.401 �15]

�� Note: 293.537 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 293 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 293.540 Health Care Trust Fund; sources; uses; investment. (1) There is established in the State Treasury, separate and distinct from the General Fund, the Health Care Trust Fund. The Health Care Trust Fund shall consist of moneys, in amounts directed by the Legislative Assembly, paid to this state by United States tobacco products manufacturers under the Master Settlement Agreement of 1998.

�� (2) All earnings on moneys in the Health Care Trust Fund are continuously appropriated to the Oregon Department of Administrative Services and shall be expended only for the purpose of financing health programs.

�� (3) Moneys in the Health Care Trust Fund shall be invested as provided in ORS 293.701 to 293.790 and the earnings from such investments shall be credited to the fund. Earnings shall be distributed annually or as directed by the Director of the Oregon Department of Administrative Services. [2001 c.986 ��1,2,3]

�� Note: 293.540 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 293 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

DISTRIBUTING CERTAIN FEDERAL MONEYS

�� 293.550 Receipt and disposition generally of federal aid moneys; deposit in special fund. (1) The Governor may apply for, accept and receive, or authorize any state agency to apply for, accept and receive, financial assistance and grants from the United States or any of its agencies, subject to the terms and conditions thereof, for financing the cost of any federally sponsored program or project deemed beneficial to the State of Oregon. Applications for grants, except where precluded by federal law, shall include requests for funds adequate to accomplish the objectives of the grant proposal including moneys to pay for the audit, or audits, of the financial transactions as required by the grantor or state statutes. Moneys included in a grant award budgeted for auditing the grant or program shall not be used for any other purpose. Regulations established by the federal government relating to such grants shall be applicable to the extent they are not in conflict with state laws.

�� (2) The Governor may disburse or supervise the disbursement of federal aid received under the provisions of subsection (1) of this section, or the Governor may designate a state agency to disburse or supervise the disbursement of such federal aid.

�� (3) The Governor shall deposit money received pursuant to this section in a special fund with the State Treasurer as provided in ORS 293.265 to 293.275. The money shall be expended, pursuant to subsection (2) of this section, for the purposes for and in accordance with the terms by which it is received, subject to the provisions of subsection (5) of this section and ORS 291.260.

�� (4) Subsections (1) to (3) of this section shall not supersede the provisions of any special statute empowering a state agency to apply for, accept and receive federal aid for any specific purpose.

�� (5) Funds received under subsection (1) of this section shall be expended subject to expenditure limitations imposed on the receiving state agency by the Legislative Assembly or, in the absence of such limitations, only after approval of the Legislative Assembly or of the Emergency Board, if approval is required during the interim between sessions of the Legislative Assembly.

�� (6) In any case where prior approval of the authority to expend any funds available under subsection (1) of this section is imposed as a term or condition to receipt of such funds, the Legislative Assembly or the Emergency Board may approve expenditure of such funds prior to their receipt. [1965 c.11 �1; 1967 c.57 �1; 1979 c.456 �1]

�� 293.555 Receipt and disposition of moneys received from federal government in lieu of ad valorem property taxes. The State Treasurer shall receive any moneys that may be paid to the state by the United States, or any agency thereof, in lieu of ad valorem property taxes, and shall retain or transfer to the respective county treasurers the moneys so received in compliance with the annual apportionment made by the Department of Revenue. [Formerly 291.532]

�� 293.560 Apportionment among counties of moneys received from federal government from forest reserves. (1) Except for a distribution charge that shall be deducted to meet expenses incurred by the Oregon Department of Administrative Services in administering this section, all sums received by the state from the United States Government as its distributive share of the amounts collected by the United States Government for forest reserve rentals, sales of timber, and other sources from forest reserves within the State of Oregon, shall, upon receipt, be distributed among the several counties in which such forest reserves are located. The distribution charge shall be 60 cents per county and is in addition to the transaction charge approved for the department during the budgetary process. The amount of the distribution charges is continuously appropriated to the department to meet expenses incurred in administering this section.

�� (2) The department shall ascertain from the proper United States officers having the records of receipts from forest reserves, the amount of receipts from each forest reserve in this state for each year for which money is received by the state, less the share of each forest reserve of the deduction made under subsection (1) of this section. A separate account shall be kept of the sum, less the deduction, received from each forest reserve, which sum shall be paid only to the county or counties in which the forest reserve is located. Each county shall receive such proportional amount of the sum as the area of the forest reserve included within the boundaries of the county bears to the total area of the forest reserve within the state. The department shall in all cases when possible make all computations upon the net areas of such forest reserves according to the data furnished by the federal officials. [Formerly 291.534; 1985 c.787 �3]

�� 293.565 Apportionment among counties of moneys received from federal government under Mineral Lands Leasing Act; Federal Mineral Leases Fund. (1) Except for a distribution charge that shall be deducted to meet expenses incurred by the Oregon Department of Administrative Services in administering this section, all funds received from the United States Government by the State of Oregon as its distributive share of the amounts collected under the provisions of the Act of Congress of February 25, 1920, 41 Stat. 437, known as the Mineral Lands Leasing Act, and any Act amendatory thereof, shall upon receipt by the State Treasurer be credited to a special fund in the State Treasury to be known as the Federal Mineral Leases Fund and shall be distributed to the counties in which such leased public lands are located. The distribution charge shall be 60 cents per county and is in addition to the transaction charge approved for the department during the budgetary process. The amount of the distribution charges is continuously appropriated to the department to meet expenses incurred in administering this section.

�� (2) The department shall ascertain from the proper United States officers having the records of receipts from the sources in this state for which money is received by the State of Oregon and shall segregate and pay over by warrant to the county in which the leased public mineral land is located the sums, less the deduction, so received. Where the leased public mineral land is located in more than one county of the state, each shall receive such proportionate amount of the sum as the area of the leased public mineral land included within the boundary of the county bears to the total area of the leased public mineral lands within the state. [Formerly 291.536; 1985 c.787 �4]

�� 293.570 Apportionment among counties of moneys received from federal government under federal Flood Control Act; Federal Flood Control Leases Fund. (1) All funds received from the United States Government by the State of Oregon as its distributive share of the amounts collected under the federal Flood Control Act and Acts amendatory thereof and supplemental thereto, shall upon receipt by the State Treasurer be credited to a special fund in the State Treasury to be known as the Federal Flood Control Leases Fund and shall be distributed to the counties in which the leased flood control lands from which such funds were derived are located.

�� (2) Prior to the distribution indicated in subsection (3) of this section, a distribution charge shall be deducted to meet expenses incurred by the Oregon Department of Administrative Services in administering this section. The distribution charge shall be 60 cents per county and is in addition to the transaction charge approved for the department during the budgetary process. The amount of the distribution charges is continuously appropriated to the department to meet expenses incurred in administering this section.

�� (3) The department shall ascertain from the proper United States officers having the record of receipts from such sources, the names of the counties in which the leased flood control lands from which such funds have been received are located, and shall segregate and pay over the sums, less the deduction in subsection (2) of this section, by warrant to such counties. If such lands are located in more than one county, each shall receive an amount proportionate to the area of the leased land within the county. [Formerly 291.538; 1985 c.787 �5]

�� 293.575 Distribution of funds received under the Taylor Grazing Act; Taylor Grazing Fund. (1) Except for a distribution charge that shall be deducted to meet expenses incurred by the Oregon Department of Administrative Services in administering this section, all funds received from the United States Government as a distributive share of the amounts collected by the United States Government under the provisions of the Act of Congress of June 28, 1934, public document No. 482, known as the Taylor Grazing Act, and any Act amendatory thereof shall, upon receipt by the State Treasurer be credited to a special fund in the State Treasury to be known as the Taylor Grazing Fund and shall be distributed to the several counties in which such public lands are located. The distribution charge shall be 60 cents per county and is in addition to the transaction charge approved for the department during the budgetary process. The amount of the distribution charges is continuously appropriated to the department to meet expenses incurred in administering this section. The department shall ascertain from the proper United States officers, having the records of receipts from grazing permits and leased public lands, the amount of receipts from such sources in this state for each year for which money is received by the state. A separate account shall be kept of the sum received from each grazing district and lease of public lands, which sum shall be segregated by the department and paid to the county in which the grazing district or leased public land is located, based on the number of animal unit months contained in the grazing district or leased public land within the county from which the moneys are collected. However, where the grazing district or leased public land is located in more than one county, each shall receive such proportional amount of the sum as the animal unit months of such grazing district or leased public land included within the boundary of such county shall bear to the total animal unit months of such grazing district or lease.

�� (2) As used in this section, �animal unit months� means the amount of forage required to sustain a bovine animal for one month. [Formerly 606.220 and then 291.540; 1981 c.296 �1; 1985 c.787 �6]

ACCOUNTING AND FISCAL REPORTING

�� 293.590 Department to supervise state agency accounting; furnishing accounting services. (1) The Oregon Department of Administrative Services shall direct and control the accounting for all the fiscal affairs of the state government and agencies thereof, and shall provide for the maintenance of accounting records, including accounts stated in summary or in detail, for those fiscal affairs. The department is responsible for establishing and maintaining systems of accounting for state government and agencies thereof. The principles, standards and related requirements of those systems of accounting shall be as prescribed by the department and except as otherwise provided in this section shall be used by the state agencies thereof, unless otherwise directed by the department.

�� (2) In performing its functions under subsection (1) of this section, the department shall consult with the Secretary of State, State Treasurer and, to the extent it considers necessary or desirable, any other state agency or any federal agency.

�� (3) The department may, as its own facilities permit, furnish to any other state agency such accounting services (including labor), facilities and materials as are necessary, as determined by the department, for compliance by the state agency with subsection (1) of this section. The cost to the department of furnishing the services, facilities and materials, as determined by the department, shall be charged to the state agency and paid to the department in the same manner as other claims against the state agency are paid.

�� (4) This section is applicable to the Legislative Assembly and its officers and committees, the courts and their officers and committees and the Secretary of State and State Treasurer in the performance of the functions of their constitutional offices only at their option. [1967 c.454 �68; 1969 c.379 �1; 2003 c.449 �40; 2023 c.281 ��56,90]

�� 293.595 Supervision of data processing equipment for accounting system; other uses. The Oregon Department of Administrative Services shall control and supervise the acquisition, installation and use of all electronic or automatic data processing equipment to be used primarily for the purposes of the accounting records and system referred to in ORS 293.590. The adequacy and capacity of that equipment for purposes of the performance of constitutional functions of the Secretary of State as Auditor of Public Accounts shall be as determined by and under the control of the Secretary of State. The department shall authorize use of that equipment for other purposes to the extent that use for those other purposes does not conflict with use for the primary purpose of the accounting records and system. [1967 c.454 �69]

�� 293.600 Financial and statistical reports by state agencies. (1) As used in this section, �state agency� means every state officer, board, commission, department, institution, branch or agency of state government whose costs are paid wholly or in part from funds held in the State Treasury.

�� (2) The Oregon Department of Administrative Services may require periodic and special financial and statistical reports from all state agencies, upon forms which the department may prescribe, in order to assist the department in performing its fiscal functions. [1967 c.454 �70; 2001 c.71 �2]

�� 293.605 Fiscal year. (1) The fiscal year of this state shall commence on July 1 and close on June 30 of each year. All the accounts of the Oregon Department of Administrative Services, Secretary of State and State Treasurer shall be kept and all duties of the department and those officers shall be performed with reference to the beginning and end of the fiscal year.

�� (2) Whenever it is provided by law that any action or proceeding of the state shall be taken with respect to a budget or tax levy for the calendar year, or for a fiscal year closing on any day other than June 30, each such action or proceeding shall be taken with respect to the fiscal year commencing on July 1 and closing on June 30. [Formerly 291.552; 1967 c.454 �66]

�� 293.610 [Formerly 291.554; repealed by 1967 c.454 �119]

�� 293.611 Accounts and records of Secretary of State as Auditor of Public Accounts. The Secretary of State shall cause to be maintained accounts and records the Secretary of State considers necessary in the performance of constitutional functions as Auditor of Public Accounts. [1967 c.454 �72]

�� 293.615 [Formerly 291.556; repealed by 1967 c.454 �119]

�� 293.616 Accounts and records of State Treasurer. The State Treasurer shall cause to be maintained accounts and records of all moneys received and disbursed by the State Treasurer. [1967 c.454 �73]

�� 293.620 Monthly account of and payment by custodians of state property. All persons, state institutions, commissions, commissioners, departments, boards, and state officers or agents, handling or having the custody or control of any property belonging to the state or to any state institution, board, commission, or department, shall account for and pay over to the State Treasurer monthly all moneys received from the income or rents of such property or from the sale and disposition of surplus products, useless and condemned property, with a verified itemized statement of the source from which the moneys were derived; but this section shall not be construed to include the funds belonging to educational institutions derived from tuition, matriculation or other fees charged students. [Formerly 291.564]

�� 293.625 Statements to be rendered to Secretary of State. The Secretary of State shall from time to time require all persons receiving moneys or securities, or having the disposition or management of any property of the state, of which an account is kept in the office of the Secretary of State, to render statements thereof to the Secretary of State. All such persons shall render such statement at such time and in such form as the Secretary of State requires. [Formerly 291.566]

�� 293.630 Date for closing accounts by persons who must make annual accounts. All officers and persons required to render annual accounts to the Secretary of State or State Treasurer shall close these accounts on June 30 of each year. [Formerly 291.568]

�� 293.635 [Formerly 291.570; repealed by 1967 c.454 �119]

�� 293.640 Period covered by biennial reports. The biennial report of any state officer or agency required to be submitted to the Legislative Assembly or the Governor shall cover the biennial period closing on June 30 next preceding the odd-numbered year regular session of the Legislative Assembly. [Formerly 291.572; 1967 c.454 �77; 2011 c.545 �37]

�� 293.644 [1967 c.454 �74; repealed by 1975 c.605 �33]

�� 293.645 [Formerly 291.574; repealed by 1967 c.454 �119]

�� 293.648 [1967 c.454 �75; repealed by 1975 c.605 �33]

�� 293.650 [Formerly 291.575; 1967 c.335 �31; repealed by 1967 c.454 �119]

�� 293.652 [1967 c.454 �76; 1971 c.267 �3; repealed by 1975 c.605 �33]

�� 293.655 [Formerly 291.576; 1993 c.98 �13; repealed by 1995 c.452 �17]

�� 293.660 Determining date of filing or receipt of reports, claims, tax returns or remittances. (1) Any report, tax return, remittance to cover a payment or claim for credit or refund required by law to be filed with or made to the state or to a state agency, which is:

�� (a) Transmitted through the United States mail or by private express carrier, shall be deemed filed or received on the date shown by the cancellation mark or other record of transmittal, or on the date it was mailed or deposited for transmittal if proof satisfactory to the state or state agency establishes that the actual mailing or deposit occurred on an earlier date. If filed or received by check or draft through an automated payment processing system, including but not limited to commercial bank lockbox services, the date of filing or receipt shall be deemed to be the fifth day prior to the system processing date.

�� (b) Lost in transmission through the United States mail or private express carrier, shall be deemed filed and received on the date it was mailed or deposited for transmittal if the sender:

�� (A) Can establish by competent evidence satisfactory to the state or state agency that the report, tax return, remittance or claim for credit or refund was deposited on the date due for filing in the United States mail or with a private express carrier, and addressed correctly to the state or state agency; and

�� (B) Files with the state or state agency a duplicate of the lost report, return, remittance or claim within 30 days after written notification is given by the state or state agency of its failure to receive such document or remittance.

�� (2) As used in subsection (1) of this section, �private express carrier� means a common carrier that transports small parcels in an expedited manner and has one or more of the following characteristics:

�� (a) Same day pickup and delivery.

�� (b) Expedited pickup and delivery.

�� (c) Residential door-to-door pickup and delivery.

�� (d) Special or unique handling and packaging features designed to meet a special need. [Formerly

ORS 30.146

30.146]

DEFENSES GENERALLY

�� 31.180 Certain felonious conduct of plaintiff complete defense in tort actions; proof; exceptions. (1) It is a complete defense in any civil action for personal injury or wrongful death that:

�� (a) The person damaged was engaged in conduct at the time that would constitute aggravated murder, murder or a Class A or a Class B felony; and

�� (b) The felonious conduct was a substantial factor contributing to the injury or death.

�� (2) To establish the defense described in this section, the defendant must prove by a preponderance of the evidence the fact that the person damaged was engaged in conduct that would constitute aggravated murder, murder or a Class A or a Class B felony.

�� (3) Nothing in this section affects any right of action under 42 U.S.C. 1983.

�� (4) The defense established by this section is not available if the injury or death resulted from a springgun or other device described in ORS 166.320 and the plaintiff establishes by a preponderance of the evidence that the use of the springgun or other device constituted a violation of ORS 166.320.

�� (5) The defense established by this section is not available if the injury or death resulted from the use of physical force that was not justifiable under the standards established by ORS 161.195 to 161.275. [Formerly 30.698]

RULES GOVERNING PARTICULAR CLAIMS FOR RELIEF

(Defamation)

�� 31.200 Liability of radio or television station personnel for defamation. (1) The owner, licensee or operator of a radio or television broadcasting station, and the agents or employees of the owner, licensee or operator, shall not be liable for any damages for any defamatory statement published or uttered in a radio or television broadcast, by one other than the owner, licensee or operator, or agent or employee thereof, unless it is alleged and proved by the complaining party that the owner, licensee, operator, agent or employee failed to exercise due care to prevent the publication or utterance of such statement in such broadcast.

�� (2) In no event shall any owner, licensee or operator of a radio or television broadcasting station, or any agent or employee thereof, be liable for any damages for any defamatory statement published or uttered by one other than such owner, licensee, operator, agent or employee, in or as part of a radio or television broadcast by any candidate for public office, which broadcast cannot be censored by reason of federal statute or regulations of the Federal Communications Commission. [Formerly 30.150]

�� 31.205 Damages recoverable for defamation by periodical, radio, television or motion pictures. Except as provided in ORS 31.210, in an action for damages on account of a defamatory statement published or broadcast in a printed or electronic newspaper, magazine or other periodical, or by radio, television or motion pictures, the plaintiff may recover any general and special damages that, by competent evidence, the plaintiff can prove to have suffered as a direct and proximate result of the publication of the defamatory statement. [Formerly 30.155; 2025 c.393 �1]

�� 31.210 When general damages allowed. (1) In an action for damages on account of a defamatory statement published or broadcast in a printed or electronic newspaper, magazine or other periodical, or by radio, television or motion pictures, the plaintiff shall not recover general damages unless:

�� (a) A correction or retraction is demanded but not published as provided in ORS 31.215; or

�� (b) The plaintiff proves by a preponderance of the evidence that the defendant actually intended to defame the plaintiff.

�� (2) Where the plaintiff is entitled to recover general damages, the publication of a correction or retraction may be considered in mitigation of damages. [Formerly

ORS 30.265

30.265 to 30.300, for damages, or both. The court may order such other relief as may be appropriate.

�� (2) The action authorized by this section shall be filed within two years of the alleged unlawful disclosure.

�� (3) In an action brought under this section, the court may allow the prevailing party costs, disbursements and reasonable attorney fees. [1993 c.806 �8; 1995 c.618 �30; 2013 c.768 �102; 2015 c.767 �45]

�� 30.865 [2005 c.544 �1; 2009 c.877 �3; 2013 c.1 �3; renumbered 30.831 in 2019]

�� 30.866 Action for issuance or violation of stalking protective order; attorney fees. (1) A petitioner may bring a civil action in a circuit court for a court�s stalking protective order or for damages, or both, against a respondent if:

�� (a) The respondent intentionally, knowingly or recklessly engages in repeated and unwanted contact with the petitioner or a member of the petitioner�s immediate family or household thereby alarming or coercing the petitioner;

�� (b) It is objectively reasonable for a person in the petitioner�s situation to have been alarmed or coerced by the contact; and

�� (c) The repeated and unwanted contact causes the petitioner reasonable apprehension regarding the personal safety of the petitioner or a member of the petitioner�s immediate family or household.

�� (2) At the time the petition is filed, the court, upon a finding of probable cause based on the allegations in the petition, shall enter a temporary court�s stalking protective order that may include, but is not limited to, all contact listed in ORS 163.730. The petition and the temporary order shall be served upon the respondent with an order requiring the respondent to personally appear before the court to show cause why the temporary order should not be continued for an indefinite period.

�� (3)(a) At the hearing, whether or not the respondent appears, the court may continue the hearing for up to 30 days or may proceed to enter a court�s stalking protective order and take other action as provided in ORS 163.738.

�� (b) If respondent fails to appear after being served as required by subsection (2) of this section, the court may issue a warrant of arrest as provided in ORS 133.110 in order to ensure the appearance of the respondent in court.

�� (4) The petitioner may recover:

�� (a) Both special and general damages, including damages for emotional distress;

�� (b) Punitive damages; and

�� (c) Reasonable attorney fees and costs.

�� (5) The court may enter an order under this section against a minor respondent without appointment of a guardian ad litem.

�� (6) An action under this section must be commenced within two years of the conduct giving rise to the claim.

�� (7) Proof of the claim shall be by a preponderance of the evidence.

�� (8) The remedy provided by this section is in addition to any other remedy, civil or criminal, provided by law for the conduct giving rise to the claim.

�� (9) No filing fee, service fee or hearing fee may be charged for a proceeding under this section.

�� (10) If the respondent was provided notice and an opportunity to be heard, the court shall also include in the order, when appropriate, terms and findings sufficient under 18 U.S.C. 922 (d)(8) and (g)(8) to affect the respondent�s ability to possess firearms and ammunition or engage in activities involving firearms.

�� (11) ORS 163.741 applies to protective orders issued under this section.

�� (12) Except for purposes of impeachment, a statement made by the respondent at a hearing under this section may not be used as evidence in a prosecution for stalking as defined in ORS 163.732 or for violating a court�s stalking protective order as defined in ORS 163.750. [1993 c.626 �9; 1995 c.353 �6; 1999 c.1052 �4; 2003 c.292 �3; 2015 c.89 �1; 2021 c.274 �1]

�� Note: Definitions for 30.866 are found in 163.730.

�� 30.867 Action for violation of criminal laws relating to involuntary servitude or trafficking in persons; attorney fees. (1) Irrespective of any criminal prosecution or the result of a criminal prosecution, a person injured by a violation of ORS 163.263, 163.264 or 163.266 may bring a civil action for damages against a person whose actions are unlawful under ORS 163.263, 163.264 or 163.266.

�� (2) Upon prevailing in an action under this section, the plaintiff may recover:

�� (a) Both special and general damages, including damages for emotional distress; and

�� (b) Punitive damages.

�� (3) The court shall award reasonable attorney fees to the prevailing plaintiff in an action under this section. The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no reasonable basis for appealing an adverse decision of a circuit court.

�� (4) An action under this section must be commenced within 10 years after the following, whichever occurs later:

�� (a) The date on which the conduct giving rise to the claim ceases; or

�� (b) If the plaintiff was a minor when the conduct giving rise to the claim occurred, the date on which the plaintiff attains 18 years of age. [2007 c.811 �9; 2023 c.217 �7]

�� 30.868 Civil damages for custodial interference; attorney fees. (1) Any of the following persons may bring a civil action to secure damages against any and all persons whose actions are unlawful under ORS 163.257 (1)(a):

�� (a) A person who is 18 years of age or older and who has been taken, enticed or kept in violation of ORS 163.257 (1)(a); or

�� (b) A person whose custodial rights have been interfered with if, by reason of the interference:

�� (A) The person has reasonably and in good faith reported a person missing to any city, county or state police agency; or

�� (B) A defendant in the action has been charged with a violation of ORS 163.257 (1)(a).

�� (2) An entry of judgment or a certified copy of a judgment against the defendant for a violation of ORS 163.257 (1)(a) is prima facie evidence of liability if the plaintiff was injured by the defendant�s unlawful action under the conviction.

�� (3)(a) For purposes of this section, a public or private entity that provides counseling and shelter services to victims of domestic violence is not considered to have violated ORS 163.257 (1)(a) if the entity provides counseling or shelter services to a person who violates ORS 163.257 (1)(a).

�� (b) As used in this subsection, �victim of domestic violence� means an individual against whom domestic violence, as defined in ORS 135.230, 181A.355 or 412.072, has been committed.

�� (4) Bringing an action under this section does not prevent the prosecution of any criminal action under ORS 163.257.

�� (5) A person bringing an action under this section must establish by a preponderance of the evidence that a violation of ORS 163.257 (1)(a) has occurred.

�� (6) It is an affirmative defense to civil liability for an action under this section that the defendant reasonably and in good faith believed that the defendant�s violation of ORS 163.257 (1)(a) was necessary to preserve the physical safety of:

�� (a) The defendant;

�� (b) The person who was taken, enticed or kept in violation of ORS 163.257 (1)(a); or

�� (c) The parent or guardian of the person who was taken, enticed or kept in violation of ORS

ORS 30.300

30.300; and

�� (C) Are no larger than benefits payable under the terms of the policy as provided in subsection (7) of this section.

�� (k) �Uninsured vehicle,� except as provided in paragraph (L) of this provision, means:

�� (A) A vehicle with respect to the ownership, maintenance or use of which there is no collectible motor vehicle bodily injury liability insurance, in at least the amounts or limits prescribed for bodily injury or death under ORS 806.070 applicable at the time of the accident with respect to any person or organization legally responsible for the use of the vehicle, or with respect to which there is collectible bodily injury liability insurance applicable at the time of the accident but the insurance company writing the insurance denies coverage or the company writing the insurance becomes voluntarily or involuntarily declared bankrupt or for which a receiver is appointed or becomes insolvent. It shall be a disputable presumption that a vehicle is uninsured in the event the insured and the insurer, after reasonable efforts, fail to discover within 90 days from the date of the accident, the existence of a valid and collectible motor vehicle bodily injury liability insurance applicable at the time of the accident.

�� (B) A hit-and-run vehicle.

�� (C) A phantom vehicle.

�� (D) A stolen vehicle.

�� (E) A vehicle that is owned or operated by a self-insurer:

�� (i) That is not in compliance with ORS 806.130 (1)(c); or

�� (ii) That provides recovery to an insured in an amount that is less than the sums that the insured or the heirs or legal representative of the insured is legally entitled to recover as damages for bodily injury or death that is caused by accident and that arises out of owning, maintaining or using an uninsured vehicle.

�� (L) �Uninsured vehicle� does not include:

�� (A) An insured vehicle, unless the vehicle is a stolen vehicle;

�� (B) Except as provided in paragraph (k)(E) of this subsection, a vehicle that is owned or operated by a self-insurer within the meaning of any motor vehicle financial responsibility law, motor carrier law or any similar law;

�� (C) A vehicle that is owned by the United States of America, Canada, a state, a political subdivision of any such government or an agency of any such government;

�� (D) A land motor vehicle or trailer, if operated on rails or crawler-treads or while located for use as a residence or premises and not as a vehicle;

�� (E) A farm-type tractor or equipment designed for use principally off public roads, except while actually upon public roads; or

�� (F) A vehicle owned by or furnished for the regular or frequent use of the insured or any member of the household of the insured.

�� (m) �Vehicle� means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, but does not include devices moved by human power or used exclusively upon stationary rails or tracks.

�� (3) This coverage applies only to accidents that occur on and after the effective date of the policy, during the policy period and within the United States of America, its territories or possessions, or Canada.

�� (4)(a) This coverage does not apply to bodily injury of an insured with respect to which the insured or the legal representative of the insured shall, without the written consent of the insurer, make any settlement with or prosecute to judgment any action against any person or organization who may be legally liable therefor.

�� (b) This coverage does not apply to bodily injury to an insured while occupying a vehicle, other than an insured vehicle, owned by, or furnished for the regular use of, the named insured or any relative resident in the same household, or through being struck by the vehicle.

�� (c) This coverage does not apply so as to inure directly or indirectly to the benefit of any workers� compensation carrier, any person or organization qualifying as a self-insurer under any workers� compensation or disability benefits law or any similar law or the State Accident Insurance Fund Corporation.

�� (d) This coverage does not apply with respect to underinsured motorist benefits unless:

�� (A) The limits of liability under any bodily injury liability insurance applicable at the time of the accident regarding the injured person have been exhausted by payment of judgments or settlements to the injured person or other injured persons;

�� (B) The described limits have been offered in settlement, the insurer has refused consent under paragraph (a) of this subsection and the insured protects the insurer�s right of subrogation to the claim against the tortfeasor;

�� (C) The insured gives credit to the insurer for the unrealized portion of the described liability limits as if the full limits had been received if less than the described limits have been offered in settlement, and the insurer has consented under paragraph (a) of this subsection; or

�� (D) The insured gives credit to the insurer for the unrealized portion of the described liability limits as if the full limits had been received if less than the described limits have been offered in settlement and, if the insurer has refused consent under paragraph (a) of this subsection, the insured protects the insurer�s right of subrogation to the claim against the tortfeasor.

�� (e) When seeking consent under paragraph (a) or (d) of this subsection, the insured shall allow the insurer a reasonable time in which to collect and evaluate information related to consent to the proposed offer of settlement. The insured shall provide promptly to the insurer any information that is reasonably requested by the insurer and that is within the custody and control of the insured. Consent will be presumed to be given if the insurer does not respond within a reasonable time. For purposes of this paragraph, a �reasonable time� is no more than 30 days from the insurer�s receipt of a written request for consent, unless the insured and the insurer agree otherwise.

�� (5)(a) As soon as practicable, the insured or other person making claim shall give to the insurer written proof of claim, under oath if required, including full particulars of the nature and extent of the injuries, treatment and other details entering into the determination of the amount payable hereunder. The insured and every other person making claim hereunder shall submit to examinations under oath by any person named by the insurer and subscribe the same, as often as may reasonably be required. Proof of claim shall be made upon forms furnished by the insurer unless the insurer fails to furnish the forms within 15 days after receiving notice of claim.

�� (b) Upon reasonable request of and at the expense of the insurer, the injured person shall submit to physical examinations by physicians, naturopathic physicians, physician associates or nurse practitioners selected by the insurer and shall, upon each request from the insurer, execute authorization to enable the insurer to obtain medical reports and copies of records.

�� (6) If, before the insurer makes payment of loss hereunder, the insured or the legal representative of the insured institutes any legal action for bodily injury against any person or organization legally responsible for the use of a vehicle involved in the accident, a copy of the summons and complaint or other process served in connection with the legal action shall be forwarded immediately to the insurer by the insured or the legal representative of the insured.

�� (7)(a) The limit of liability stated in the declarations as applicable to �each person� is the limit of the insurer�s liability for all damages because of bodily injury sustained by one person as the result of any one accident and, subject to the above provision respecting each person, the limit of liability stated in the declarations as applicable to �each accident� is the total limit of the company�s liability for all damages because of bodily injury sustained by two or more persons as the result of any one accident.

�� (b) Any amount payable under the terms of this coverage because of bodily injury sustained in an accident by a person who is an insured under this coverage shall be reduced by the amount paid and the present value of all amounts payable on account of the bodily injury under any workers� compensation law, disability benefits law or any similar law.

�� (c) Any amount payable under the terms of this coverage because of bodily injury sustained in an accident by a person who is an insured under this coverage shall be reduced by the credit given to the insurer pursuant to subsection (4)(d)(C) or (D) of this section.

�� (d) The amount payable under the terms of this coverage may not be reduced by the amount of liability proceeds offered, described in subsection (4)(d)(B) or (D) of this section, that has not been paid to the injured person. If liability proceeds have been offered and not paid, the amount payable under the terms of the coverage shall include the amount of liability limits offered but not accepted due to the insurer�s refusal to consent. The insured shall cooperate so as to permit the insurer to proceed by subrogation or assignment to prosecute the claim against the uninsured motorist.

�� (8) No action shall lie against the insurer unless, as a condition precedent thereto, the insured or the legal representative of the insured has fully complied with all the terms of this policy.

�� (9)(a) With respect to bodily injury to an insured:

�� (A) While occupying a vehicle owned by a named insured under this coverage, the insurance under this coverage is primary.

�� (B) While occupying a vehicle not owned by a named insured under this coverage, the insurance under this coverage shall apply only as excess insurance over any primary insurance available to the occupant that is similar to this coverage, and this excess insurance coverage shall then apply only to the sums that the insured or the heirs or legal representative of the insured is legally entitled to recover as damages for bodily injury or death that is caused by accident and that arises out of owning, maintaining or using an uninsured vehicle.

�� (b) With respect to bodily injury to an insured while occupying any motor vehicle used as a public or livery conveyance, the insurance under this coverage shall apply only as excess insurance over any other insurance available to the insured that is similar to this coverage, and this excess insurance coverage shall then apply only to the amount by which the applicable limit of liability of this coverage exceeds the sum of the applicable limits of liability of all other insurance.

�� (10) If any person making claim hereunder and the insurer do not agree that the person is legally entitled to recover damages from the owner or operator of an uninsured vehicle because of bodily injury to the insured, or do not agree as to the amount of payment that may be owing under this coverage, then, in the event the insured and the insurer elect by mutual agreement at the time of the dispute to settle the matter by arbitration, the arbitration shall take place as described in ORS 742.505. Any judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof, provided, however, that the costs to the insured of the arbitration proceeding do not exceed $100 and that all other costs of arbitration are borne by the insurer. �Costs� as used in this provision does not include attorney fees or expenses incurred in the production of evidence or witnesses or the making of transcripts of the arbitration proceedings. The person and the insurer each agree to consider themselves bound and to be bound by any award made by the arbitrators pursuant to this coverage in the event of such election. At the election of the insured, the arbitration shall be held:

�� (a) In the county and state of residence of the insured;

�� (b) In the county and state where the insured�s cause of action against the uninsured motorist arose; or

�� (c) At any other place mutually agreed upon by the insured and the insurer.

�� (11) In the event of payment to any person under this coverage:

�� (a) The insurer shall be entitled to the extent of the payment to the proceeds of any settlement or judgment that may result from the exercise of any rights of recovery of the person against any uninsured motorist legally responsible for the bodily injury because of which payment is made;

�� (b) The person shall hold in trust for the benefit of the insurer all rights of recovery that the person shall have against such other uninsured person or organization because of the damages that are the subject of claim made under this coverage, but only to the extent that the claim is made or paid herein;

�� (c) If the insured is injured by the joint or concurrent act or acts of two or more persons, one or more of whom is uninsured, the insured shall have the election to receive from the insurer any payment to which the insured would be entitled under this coverage by reason of the act or acts of the uninsured motorist, or the insured may, with the written consent of the insurer, proceed with legal action against any or all persons claimed to be liable to the insured for the injuries. If the insured elects to receive payment from the insurer under this coverage, then the insured shall hold in trust for the benefit of the insurer all rights of recovery the insured shall have against any other person, firm or organization because of the damages that are the subject of claim made under this coverage, but only to the extent of the actual payment made by the insurer;

�� (d) The person shall do whatever is proper to secure and shall do nothing after loss to prejudice such rights;

�� (e) If requested in writing by the insurer, the person shall take, through any representative not in conflict in interest with the person, designated by the insurer, such action as may be necessary or appropriate to recover payment as damages from such other uninsured person or organization, such action to be taken in the name of the person, but only to the extent of the payment made hereunder. In the event of a recovery, the insurer shall be reimbursed out of the recovery for expenses, costs and attorney fees incurred by the insurer in connection therewith; and

�� (f) The person shall execute and deliver to the insurer any instruments and papers as may be appropriate to secure the rights and obligations of the person and the insurer established by this provision.

�� (12)(a) The parties to this coverage agree that no cause of action shall accrue to the insured under this coverage unless within two years from the date of the accident:

�� (A) Agreement as to the amount due under the policy has been concluded;

�� (B) The insured or the insurer has formally instituted arbitration proceedings;

�� (C) The insured has filed an action against the insurer; or

�� (D) Suit for bodily injury has been filed against the uninsured motorist and, within two years from the date of settlement or final judgment against the uninsured motorist, the insured has formally instituted arbitration proceedings or filed an action against the insurer.

�� (b) For purposes of this subsection:

�� (A) �Date of settlement� means the date on which a written settlement agreement or release is signed by an insured or, in the absence of these documents, the date on which the insured or the attorney for the insured receives payment of any sum required by the settlement agreement. An advance payment as defined in ORS

ORS 30.310

30.310, no execution shall issue thereon for the collection of such money or damages, but the judgment shall be satisfied as follows:

�� (1) The party in whose favor the judgment is given may, at any time thereafter, when an execution might issue on a like judgment against a private person, present a certified copy of the judgment document, to the officer of the public corporation who is authorized to draw orders on the treasurer thereof.

�� (2) On the presentation of the copy, the officer shall draw an order on the treasurer for the amount of the judgment, in favor of the party for whom the judgment was given. Thereafter, the order shall be presented for payment, and paid, with like effect and in like manner as other orders upon the treasurer of the public corporation.

�� (3) The certified copy provided for in subsection (1) of this section shall not be furnished by the clerk, unless at the time an execution might issue on the judgment if the same was against a private person, nor until satisfaction of the judgment in respect to such money or damages is acknowledged as in ordinary cases. The clerk shall provide with the copy a memorandum of such acknowledgment of satisfaction and the entry thereof. Unless the memorandum is provided, no order upon the treasurer shall issue thereon. [Amended by 2003 c.576 �185]

�� 30.395 Settlement of certain claims against municipal corporations; manner of payment. (1) The governing body of any municipal corporation, as defined in ORS 297.405, may compromise, adjust and settle claims other than tort claims against the municipal corporation, its officers, employees or agents acting within the scope of their employment, and may, subject to procedural requirements imposed by law or charter, appropriate money for the payment of amounts agreed upon.

�� (2) When a judgment is entered or a settlement is made pursuant to subsection (1) of this section, payment therefor may be made in the same manner as payment for tort claims under ORS 30.295. [1979 c.630 �2; 1987 c.396 �1]

�� 30.400 Actions by and against public officers in official capacity. An action may be maintained by or against any public officer in this state in an official character, when, as to such cause of action, the officer does not represent any of the public corporations mentioned in ORS 30.310, for any of the causes specified in such section and ORS 30.320. If judgment is given against the officer in such action, it may be enforced against the officer personally, and the amount thereof shall be allowed to the officer in the official accounts of the officer.

�� 30.402 [1991 c.847 �1; renumbered 17.095 in 2003]

INJUNCTIONS BY PUBLIC SERVANT

OR PUBLIC SERVANT�S EMPLOYER

�� 30.405 Injunction for criminal conduct related to employment or status of public servant. (1) A public servant or the public servant�s employer may petition a circuit court for an order enjoining a person who engages in conduct that:

�� (a) Is directed at the public servant;

�� (b) Relates to the public servant�s employment or the public servant�s status as an elected or appointed public servant; and

�� (c) Constitutes any of the following crimes:

�� (A) Obstructing governmental or judicial administration under ORS 162.235.

�� (B) Assault under ORS 163.160, 163.165, 163.175 or 163.185.

�� (C) Menacing under ORS 163.190.

�� (D) Criminal trespass in the first degree under ORS 164.255.

�� (E) Disorderly conduct under ORS 166.025.

�� (F) Harassment under ORS 166.065.

�� (G) Telephonic harassment under ORS 166.090.

�� (2) The petitioner has the burden of proof by a preponderance of the evidence under subsection (1) of this section. An order issued under this section is valid for one year after entry in the register of the court or until vacated by the court, whichever occurs first.

�� (3) Contempt proceedings against a person who violates an order issued by a circuit court under subsection (1) of this section shall be as provided in ORS 33.055 or

ORS 30.495

30.495 and 30.497, no person may maintain an action for damages against a person for voluntarily providing assistance or advice directly related to:

�� (a) Mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous material; or

�� (b) Preventing, cleaning up or disposing of or in attempting to prevent, clean up or dispose of any discharge of hazardous material.

�� (2) Except as provided in ORS 30.495 and 30.497, no state or local agency may assess a civil or criminal penalty against a person for voluntarily providing assistance or advice directly related to:

�� (a) Mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous material; or

�� (b) Preventing, cleaning up or disposing of or in attempting to prevent, clean up or dispose of any discharge of hazardous material. [1985 c.376 �2]

�� 30.495 Exceptions to limitation. The immunity provided in ORS 30.492 shall not apply to any person:

�� (1) Whose act or omission caused in whole or in part the actual or threatened discharge and who would otherwise be liable for the damages; or

�� (2) Who receives compensation other than reimbursement for expenses for the person�s service in rendering such assistance or advice. [1985 c.376 �3]

�� 30.497 When limitation on liability not applicable. Nothing in ORS 30.492 shall be construed to limit or otherwise affect the liability of any person for damages resulting from the person�s gross negligence or from the person�s reckless, wanton or intentional misconduct. [1985 c.376 �4]

�� 30.500 Definitions for ORS 30.500 and 30.505. As used in this section and ORS 30.505:

�� (1) �Generator� has the meaning given that term in ORS 466.005.

�� (2) �Person� means an individual, corporation, association, firm, partnership, joint stock company or state or local government agency. [1987 c.332 �1]

�� 30.505 Limitation on liability of volunteer providing assistance relating to compliance with hazardous waste disposal laws; exceptions. (1) Except as provided in subsection (2) of this section, no person may maintain an action for damages against a person who voluntarily provides assistance, training or advice to a generator directly related to procedures or actions the generator must take to comply with the requirements of state or federal hazardous waste disposal laws.

�� (2) The immunity provided in subsection (1) of this section shall not apply to:

�� (a) Any person whose act or omission caused in whole or in part the occurrence resulting in the damages for which the action is brought and who would otherwise be liable for the damages.

�� (b) Any person who receives compensation other than reimbursement for expenses for the person�s service in providing such assistance, training or advice.

�� (c) The liability of any person for damages resulting from the person�s gross negligence or from the person�s reckless, wanton or intentional misconduct.

�� (d) Any activity for which a person is otherwise strictly liable without regard to fault. [1987 c.332 �2]

ACTIONS FOR USURPATION OF OFFICE OR FRANCHISE; TO ANNUL CORPORATE EXISTENCE; TO ANNUL LETTERS PATENT

�� 30.510 Action for usurpation of office or franchise, forfeiture of office or failure to incorporate. An action at law may be maintained in the name of the state, upon the information of the district attorney, or upon the relation of a private party against the person offending, in the following cases:

�� (1) When any person usurps, intrudes into, or unlawfully holds or exercises any public office, civil or military, or any franchise within this state, or any office in a corporation either public or private, created or formed by or under the authority of this state; or,

�� (2) When any public officer, civil or military, does or suffers an act which, by the provisions of law, makes a forfeiture of the office of the public officer; or,

�� (3) When any association or number of persons acts within this state, as a corporation, without being duly incorporated.

�� 30.520 Joinder of defendants. Several persons may be joined as defendants in an action for the causes specified in ORS 30.510 (1), and in such action their respective rights to such office or franchise may be determined.

�� 30.530 Determining right of person claiming an office or franchise. Whenever an action is brought against a person for any of the causes specified in ORS 30.510 (1), the district attorney, in addition to the statement of the cause of action, may separately set forth in the complaint the name of the person rightfully entitled to the office or franchise, with a statement of the facts constituting the right of the person thereto. In such case, judgment may be given upon the right of the defendant, and also upon the right of the person so alleged to be entitled, or only upon the right of the defendant, as justice may require.

�� 30.540 Rights of person adjudged entitled to office or franchise. If judgment is given upon the right of and in favor of the person alleged in the complaint to be entitled to the office or franchise, the person shall be entitled to the possession and enjoyment of the franchise, or to take upon the person the execution of the office, after qualifying the person therefor as required by law, and to demand and receive the possession of all the books, papers and property belonging thereto.

�� 30.550 Action for damages. If judgment is given upon the right of and in favor of the person alleged in the complaint to be entitled to the office or franchise, the person may afterwards maintain an action to recover the damages which the person has sustained by reason of the premises. [Amended by 1973 c.836 �320; 1981 c.898 �35]

�� 30.560 Judgment against usurper; imposition of fine. When a defendant, whether a natural person or a corporation, against whom an action has been commenced for any of the causes specified in ORS 30.510 (1), is determined to be guilty of usurping, or intruding into, or unlawfully holding or exercising any office or franchise, judgment shall be given that such defendant be excluded therefrom. The court may also impose a fine upon the defendant not exceeding $2,000.

�� 30.570 Action to annul corporate existence on direction of Governor. An action may be maintained in the name of the state, whenever the Governor shall so direct, against a corporation either public or private, for the purpose of avoiding the Act of incorporation, or an Act renewing or modifying its corporate existence, on the ground that such Act was procured upon some fraudulent suggestion or concealment of a material fact by the persons incorporated, or some of them, or with their knowledge and consent; or for annulling the existence of a corporation formed under any general law of this state, on the ground that such incorporation, or any renewal or modification thereof, was procured in like manner.

�� 30.580 Action to annul corporate existence on leave of court. An action may be maintained in the name of the state against a corporation, other than a public one, on leave granted by the court or judge thereof where the action is triable, for the purpose of avoiding the charter or annulling the existence of such corporation, whenever it shall:

�� (1) Offend against any of the provisions of an Act creating, renewing, or modifying such corporation, or the provisions of any general law under which it became incorporated;

�� (2) Violate the provisions of any law, by which such corporation forfeits its charter, by abuse of its powers;

�� (3) Whenever it has forfeited its privileges or franchises, by failure to exercise its powers;

�� (4) Whenever it has done or omitted any act, which amounts to a surrender of its corporate rights, privileges and franchises; or,

�� (5) Whenever it exercises a franchise or privilege not conferred upon it by law.

�� 30.590 Judgment against corporation. If it is determined that a corporation, against which an action has been commenced pursuant to ORS 30.570 or 30.580, has forfeited its corporate rights, privileges and franchises, judgment shall be given that the corporation be excluded therefrom, and that the corporation be dissolved.

�� 30.600 Action to annul letters patent. An action may be maintained in the name of the state for the purpose of vacating or annulling letters patent, issued by the state, against the person to whom the letters were issued, or those claiming under the person, as to the subject matter thereof, in the following cases:

�� (1) When the letters patent were issued by means of some fraudulent suggestion or concealment of a material fact by the person to whom the letters were issued, or with the knowledge and consent of the person;

�� (2) When the letters patent were issued through mistake or in ignorance of a material fact; or

�� (3) When the patentee, or those claiming under the patentee, have done or omitted an act, in violation of the terms and conditions on which the letters patent were issued, or have by any other means forfeited the interest acquired under the letters. [Amended by 2001 c.104 �8]

�� 30.610 Prosecutor; verification of pleadings; affidavit for leave of court; relator as coplaintiff. The actions provided for in ORS 30.510 to 30.640 shall be commenced and prosecuted by the district attorney of the district where the same are triable. When the action is upon the relation of a private party, as allowed in ORS 30.510, the pleadings on behalf of the state shall be signed by the relator as if the relator were the plaintiff, or otherwise as provided in ORCP 17; in all other cases the pleadings shall be signed by the district attorney in like manner or otherwise as provided in ORCP 17. When an action can only be commenced by leave, as provided in ORS 30.580, the leave shall be granted when it appears by affidavit that the acts or omissions specified in that section have been done or suffered by the corporation. When an action is commenced on the information of a private person, as allowed in ORS 30.510, having an interest in the question, such person, for all the purposes of the action, and as to the effect of any judgment that may be given therein, shall be deemed a coplaintiff with the state. [Amended by 1979 c.284 �66]

�� 30.620 Duty of district attorney. When directed by the Governor, as prescribed in ORS 30.570, it shall be the duty of the district attorney to commence the action therein provided for accordingly. In all other actions provided for in ORS 30.510 to 30.640 it shall be the duty of the proper district attorney to commence such action, upon leave given where leave is required, in every case of public interest, whenever the district attorney has reason to believe that a cause of action exists and can be proven, and also for like reasons in every case of private interest only in which satisfactory security is given to the state to indemnify it against the costs and expenses that may be incurred thereby.

�� 30.630 Filing copy of judgment with Secretary of State. If judgment is given against a corporation, the effect of which is that the corporation ceases to exist, or whereby any letters patent are determined to be vacated or annulled, it shall be the duty of the district attorney to cause a copy of the judgment to be filed with the Secretary of State. [Amended by 1991 c.111 �3]

�� 30.640 Enforcement of judgment. A judgment given in any action provided for in ORS 30.510 to 30.640, in respect to costs and disbursements, may be enforced by execution as a judgment which requires the payment of money. [Amended by 1981 c.898 �36]

ACTIONS AGAINST PUBLIC BODY BY ADULTS IN CUSTODY

�� 30.642 Definitions for ORS 30.642 to 30.650. As used in ORS 30.642 to 30.650:

�� (1) �Action against a public body� means a civil action, including an action brought in a small claims department, an appeal or a petition for review, that names as a defendant a public body as defined in ORS 30.260 or an officer, employee or agent of a public body. �Action against a public body� does not mean petitions for writs of habeas corpus, petitions for writs of mandamus and petitions for post-conviction relief under ORS 138.510 to 138.680.

�� (2) �Adult in custody� means a person incarcerated or detained in a correctional facility who is accused of, convicted of or sentenced for a violation of criminal law or for the violation of the terms and conditions of pretrial release, probation, parole, post-prison supervision or a diversion program.

�� (3) �Correctional facility� means a Department of Corrections institution or a jail. [1999 c.657 �1; 2011 c.262 �3; 2019 c.213 �4]

�� 30.643 Waiver or deferral of fees and costs. (1) If an adult in custody seeks to file an action against a public body, the fees and court costs of the adult in custody may be waived or deferred only in the manner provided by this section.

�� (2) Any adult in custody seeking waiver or deferral of fees or court costs must submit with the application for waiver or deferral a true and correct copy of the trust account statement of the adult in custody for the six-month period immediately preceding the filing of the complaint, petition, notice of appeal or petition for review. The true and correct copy of the trust account statement must be supported by a declaration sworn under penalty of perjury.

�� (3) Upon the filing of a statement under subsection (2) of this section, the court shall review the information in the statement relating to deposits in the trust account of the adult in custody and any other resources available to the adult in custody. The court may only waive the fees and court costs of the adult in custody if the court determines that the adult in custody has no funds and will not have funds.

�� (4) If the court makes a determination that an adult in custody has or will have funds to pay fees and court costs, the court shall require full payment of the filing fees and court costs, or, if funds are not immediately available in the trust account, shall assess and collect filing fees and court costs as funds become available in the trust account.

�� (5) On its own motion or on the motion of the public body, the court may review the pleadings of the adult in custody in an action against a public body at the time a request for waiver or deferral of filing fees or court costs is made. If the court finds that the pleadings fail to state a claim for which relief may be granted, the court may decline to waive or defer filing fees or court costs. The court shall enter a denial of waiver or deferral of fees and costs under this subsection as a limited judgment. Notwithstanding the time established by statute for the commencement of an action, if a limited judgment is entered under this subsection within 30 days of the expiration of the time allowed for commencing the action, the adult in custody may commence the action not later than 45 days after the judgment is entered. Only one extension of the time allowed for commencing an action may be granted by the court under this section.

�� (6) Nothing in this section shall be construed as preventing an adult in custody from bringing an action against a public body because the adult in custody has no assets or means by which to pay the initial partial filing fee as provided under this section. [1999 c.657 �2; 2005 c.530 �1; 2007 c.493 �11; 2019 c.213 �5; 2022 c.68 �3]

�� 30.645 Waiver or deferral of fees after three dismissals of action. (1) Except as provided in subsection (2) of this section, the court may not waive or defer the fees or court costs under ORS 30.643 for an adult in custody if the adult in custody has, on three or more prior occasions while incarcerated or detained in any correctional facility, filed an action against a public body in a court of this state that was dismissed on the grounds that the action:

�� (a) Was frivolous or malicious;

�� (b) Failed to state a claim upon which relief could be granted; or

�� (c) Sought monetary relief from a defendant who is immune from a claim for monetary relief.

�� (2) The court may waive or defer fees or court costs of an adult in custody who would not otherwise be eligible for waiver or deferral under subsection (1) of this section if the adult in custody establishes in the application for waiver or deferral that the adult in custody is in imminent danger of serious physical injury and the action against a public body is needed to seek relief from that danger. [1999 c.657 �3; 2007 c.493 �12; 2019 c.213 �6]

�� 30.646 Payment of costs under judgment against adult in custody. (1) If an adult in custody files an action against a public body and a judgment is entered that requires the adult in custody to pay costs to the public body, the adult in custody must pay the full amount of the costs ordered.

�� (2) Payment for costs under this section shall be made by deductions from the income credited to the trust account of the adult in custody. [1999 c.657 �4; 2019 c.213 �7]

�� 30.647 Dismissal of action during proceedings. (1) If fees or court costs of an adult in custody have been waived or deferred under ORS 30.643, a court shall dismiss the case if at any time the court determines that the adult in custody was in fact able to pay fees and court costs at the time the application for waiver or deferral was made under ORS 21.680 to 21.698.

�� (2) If the fees or court costs have been waived or deferred under ORS 30.643 for an adult in custody, a court shall dismiss the case if at any time the court determines that each claim in the action, petition or appeal:

�� (a) Is frivolous or malicious;

�� (b) Fails to state a claim upon which relief may be granted, and the court denies leave to amend; or

�� (c) Seeks monetary relief against a defendant who is immune from a claim for monetary relief.

�� (3) Upon appeal of any dismissal under this section, the Court of Appeals on its own motion, or on the motion of the respondent, may summarily affirm the judgment of the trial court, with or without submission of briefs and without oral argument, if the Court of Appeals determines that the appeal does not present a substantial question of law. Notwithstanding ORS 2.570, the Chief Judge of the Court of Appeals may deny a respondent�s motion for summary affirmance under this subsection or may grant the motion if the petitioner does not oppose the motion. A dismissal of an appeal under this subsection constitutes a decision on the merits of the case. [1999 c.657 �5; 2007 c.493 �13; 2019 c.213 �8]

�� 30.648 Small claims actions. (1)(a) An adult in custody who brings an action against a public body in a small claims department must serve the notice and claim and all subsequent filings on the public body. If the public body is the Department of Corrections or another state agency, the adult in custody must also serve the notice and claim and all subsequent filings on the Attorney General.

�� (b) Notice and claim served under paragraph (a) of this subsection must be served in the manner provided in ORS 46.445.

�� (2) The public body or Attorney General served under subsection (1) of this section must take action as required under ORS 46.455.

�� (3) Notwithstanding ORS 46.405, in an action against a public body brought under this section, the court shall transfer the action to the regular department of the circuit court upon request of the public body or, if the public body is the Department of Corrections or another state agency, or an officer, employee or agent of the Department of Corrections or the state agency, upon request of the public body or the Attorney General.

�� (4) Notwithstanding ORS 46.415, in an action against a public body brought under this section, if the public body is the Department of Corrections or another state agency, or an officer, employee or agent of the Department of Corrections or the state agency, an attorney or paralegal employed by the Department of Justice may appear and represent the public body.

�� (5)(a) Notwithstanding ORS 46.475, in an action against a public body brought under this section, notice of intent to apply for an order of default, in the form prescribed by Uniform Trial Court Rule 2.010, must be filed and served on the public body against which an order of default is sought at least 10 days before a court may enter an order of default. If the public body is the Department of Corrections or another state agency, or an officer, employee or agent of the Department of Corrections or the state agency, notice must also be served on the Attorney General.

�� (b) The court may not enter a default judgment in favor of the adult in custody unless the adult in custody submits to the court proof of service by affidavit of the notice and claim required under subsection (1) of this section and the notice of intent to apply for an order of default required under paragraph (a) of this subsection. [2011 c.262 �2; 2019 c.213 �9; 2025 c.197 �5]

�� 30.650 Award of noneconomic damages. Noneconomic damages, as defined in ORS 31.705, may not be awarded to an adult in custody in an action against a public body unless the adult in custody has established that the adult in custody suffered economic damages, as defined in ORS 31.705. [1999 c.657 �6; 2019 c.213 �10; 2021 c.478 �5]

�� 30.655 [1999 c.810 �1; repealed by 2015 c.212 �18]

�� 30.656 [1999 c.810 �2; repealed by 2015 c.212 �18]

ACTIONS FOR COMPENSATION FOR WRONGFUL CONVICTION

�� 30.657 Petition for compensation for wrongful conviction; requirements; burden of proof; damages; attorney fees; setoffs for other awards; certificate of innocence; statute of limitations; appeals. (1) A person may petition for compensation for wrongful conviction against the state if all of the following requirements are satisfied:

�� (a) The person was convicted of one or more felonies and subsequently imprisoned as a result of the conviction or convictions;

�� (b)(A) The person�s conviction was reversed or vacated and either the charges were dismissed or on retrial the person was found not guilty; or

�� (B) The person received a grant of gubernatorial pardon;

�� (c) The person did not commit the crime or crimes for which the person was convicted and was not an accessory or accomplice to or otherwise involved in the acts that were the basis of the conviction; and

�� (d) The person did not commit perjury, fabricate evidence or by the person�s own conduct cause or bring about the conviction. A confession or admission later found to be false or a guilty plea does not constitute committing perjury, fabricating evidence or causing or bringing about the conviction under this paragraph.

�� (2) For the purposes of subsection (1) of this section:

�� (a) Reversal or vacation of a conviction because the conviction was obtained following a finding of guilt by a nonunanimous jury is not sufficient to prove that the person did not commit the crime or crimes for which the person was convicted.

�� (b) �Convicted� or �conviction� includes an adjudication of a person within the jurisdiction of the juvenile court under ORS 419C.005 for an act committed when the person was under 18 years of age if the adjudication resulted in the person�s placement in custody of the Oregon Youth Authority or the Department of Corrections for at least one year.

�� (3) A person may file a petition for compensation under this section in the Circuit Court for Marion County or in the circuit court for the county of conviction. The petitioner shall serve the petition on the Attorney General, who shall represent the state in all proceedings on the petition. The petitioner shall also mail a copy of the complaint to the District Attorney of the county of conviction.

�� (4)(a) A petition under this section is a civil action. The Oregon Rules of Civil Procedure and the Oregon Evidence Code apply to a petition under this section unless otherwise specified in this section.

�� (b) The court, in exercising its discretion regarding the weight and admissibility of evidence submitted under this section, may in the interest of justice give due consideration to difficulties of proof caused by the passage of time, the death or unavailability of witnesses, the destruction of evidence or other factors not caused by a petitioner or those acting on a petitioner�s behalf. The court may not diminish the petitioner�s burden of proof as set forth in subsection (5)(a) of this section.

�� (c) The fact finder in a proceeding under this section may receive proof by declarations, depositions, oral testimony or other competent evidence, including but not limited to transcripts of testimony or documents and evidence filed with the court in any proceeding that gave rise to the conviction, reversal or vacation of the conviction, or from retrial following reversal.

�� (5)(a) If a petitioner proves the elements of subsection (1) of this section by a preponderance of the evidence, the court shall enter a judgment awarding damages as follows:

�� (A) Except as provided in paragraph (b) of this subsection, $65,000 for each year of imprisonment, as adjusted under subsection (8) of this section; and

�� (B) $25,000, as adjusted under subsection (8) of this section, for each additional year served on parole or post-prison supervision or each additional year the petitioner was required to register as a sex offender, whichever is greater.

�� (b) A petitioner is not entitled to damages for any period of incarceration during which the petitioner was concurrently serving a sentence for a conviction of another crime for which the petitioner was lawfully incarcerated.

�� (c) Punitive damages may not be awarded under this section.

�� (6)(a) Except as provided in paragraph (b) of this subsection, the court shall order that an award under subsection (5) of this section be paid as a combination of an initial payment not to exceed $100,000 or 25 percent of the award, whichever is greater, and the remainder as an annuity not to exceed $80,000 per year. The petitioner shall designate a beneficiary or beneficiaries for the annuity.

�� (b) The court may order that the award be paid in one lump sum if the court finds that it is in the best interests of the petitioner.

�� (7) In addition to the damages awarded under subsection (5) of this section, the court:

�� (a) Shall award to the petitioner reasonable attorney fees and costs incurred in connection with a petition filed under this section;

�� (b) Shall award to the petitioner reimbursement for all restitution, assessments, fees, court costs and all other sums paid by the petitioner as required by pretrial orders, incarceration, and the judgment and sentence in any proceeding that gave rise to the conviction, reversal or vacation of the conviction, or from retrial following reversal; and

�� (c) May award to the petitioner access to existing state, local or other programs that provide services, including, but not limited to, counseling, housing assistance, eligibility for medical assistance as defined in ORS 414.025, educational assistance, job training, legal services to regain custody of children, assistance with food and transportation and personal financial literacy assistance, as appropriate.

�� (8) Beginning in 2023, and every year thereafter, the State Court Administrator shall determine the percentage increase or decrease in the cost of living for the previous calendar year, based on changes in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor. On or before July 1 of the year in which the State Court Administrator makes the determination required by this subsection, the State Court Administrator shall adjust the amounts prescribed under subsection (5) of this section for the following calendar year by multiplying the amounts applicable to the calendar year in which the adjustment is made by the percentage amount determined under this subsection. The adjustment may not exceed three percent for any year. The State Court Administrator shall round the adjusted limitation amount to the nearest $100, but the unrounded amount shall be used to calculate the adjustments to the amounts in subsequent calendar years. The adjusted amounts become effective on July 1 of the year in which the adjustment is made, and apply to all petitions filed under this section on or after July 1 of that year and before July 1 of the subsequent year.

�� (9)(a) If, on the date a judgment is entered under subsection (5) of this section, the petitioner has won a monetary award against a public body as defined in ORS 174.109 in a separate civil action related to the same subject, or has entered into a settlement agreement with a public body as defined in ORS 174.109 related to the same subject, the amount of economic damages awarded in the separate action or received in the settlement agreement, less any sums paid to litigate the other civil action or obtain the settlement agreement, including, but not limited to, attorney fees, costs and expert fees, shall be deducted from the sum of money to which the petitioner is entitled under this section. The court shall include in the judgment an award to the state of any amount deducted pursuant to this subsection.

�� (b) If paragraph (a) of this subsection does not apply and if, after the date the judgment is entered under subsection (5) of this section, the petitioner wins a monetary award against a public body as defined in ORS 174.109 in a separate civil action related to the same subject, or enters into a settlement agreement with a public body as defined in ORS 174.109 related to the same subject, the petitioner shall reimburse the state for the sum of money paid under the judgment entered under subsection (5) of this section, less any sums paid to litigate the other civil action or obtain the settlement agreement, including, but not limited to, attorney fees, costs and expert fees. A reimbursement required under this subsection may not exceed the amount of the economic damages awarded in the separate civil action or received in the settlement agreement.

�� (c) An award under this section shall not be offset by any expenses incurred by a public body as defined in ORS 174.109 to secure the petitioner�s custody or conviction, or to feed, clothe, house or provide medical services to the petitioner as a result of the petitioner�s incarceration.

�� (10) Compensation awarded as a result of a petition for compensation for wrongful conviction under this section is excluded from gross income and is not subject to taxation.

�� (11) A petition under this section is not subject to ORS 30.260 to 30.300.

�� (12)(a) If the petitioner prevails on a petition under this section, the petitioner may request that judgment include a certificate of innocence finding that the petitioner was innocent of all crimes for which the petitioner was wrongfully convicted.

�� (b) Upon entry of a judgment granting a petition under this section, the court shall order the associated convictions and arrest records be set aside and sealed from all applicable state and federal systems pursuant to this subsection. The court shall enter the set aside order regardless of whether the petitioner has other criminal convictions or pending criminal cases.

�� (13) Notwithstanding ORS 12.115, a petition under this section must be filed no later than two years after:

�� (a) The date of dismissal of the criminal charges against the petitioner or finding of not guilty on retrial, whichever is later; or

�� (b) The grant of pardon to the petitioner.

�� (14) Any party to a proceeding under this section may appeal from the judgment of the circuit court on a petition filed under this section by filing a notice of appeal within the time and in the manner specified in ORS chapter 19 for civil appeals to the Court of Appeals. Any party filing a notice of appeal under this subsection must note in the notice of appeal that the case is subject to this subsection. For purposes of any appeals under this section, the Attorney General shall represent the state in all appellate proceedings. The party filing the notice of appeal shall serve the notice of appeal on the Attorney General and on the district attorney for the county of conviction.

�� (15) This section does not preclude the Department of Corrections from providing reentry services to a petitioner under this section that are provided to other persons, including, but not limited to, financial assistance, housing assistance, mentoring and counseling. Services may be provided while an action is pending and after any judgment is entered, as appropriate for the petitioner. [2022 c.105 �1; 2023 c.368 �3]

�� 30.658 [1999 c.810 �3; repealed by 2015 c.212 �18]

�� 30.659 Notice of petition required; exceptions for good cause; court to advise right to file notice. (1) A person may not file a petition under ORS 30.657 unless notice of petition is given as required by this section.

�� (2) Notice of petition shall be given within 180 days after the date on which the charges were dismissed, the person was found not guilty on retrial or the person received a grant of pardon. The period of time shall not include the period, not exceeding 90 days, during which the person is unable to give notice because of injury or because of minority, incompetency or other incapacity.

�� (3) Notice of petition required by this section is satisfied by:

�� (a) Formal notice of petition as provided in subsection (4) of this section;

�� (b) Filing of a petition under ORS 30.657 by or on behalf of the person within the applicable period of time provided in subsection (2) of this section;

�� (c) Notice of claim under ORS 30.275 for any action against a public body, as defined in ORS

ORS 30.866

30.866, 107.700 to 107.735 or 163.738;

�� (n) Has not received a dishonorable discharge from the Armed Forces of the United States;

�� (o) Is not required to register as a sex offender in any state; and

�� (p) Is not presently subject to an order under ORS 426.133 prohibiting the person from purchasing or possessing a firearm.

�� (2) A person who has been granted relief under ORS 166.273, 166.274 or 166.293 or 18 U.S.C. 925(c) or has had the person�s record expunged under the laws of this state or equivalent laws of other jurisdictions is not subject to the disabilities in subsection (1)(g) to (L) of this section.

�� (3) Before the sheriff may issue a license:

�� (a) The application must state the applicant�s legal name, current address and telephone number, date and place of birth, hair and eye color and height and weight. The application must also list the applicant�s residence address or addresses for the previous three years. The application must contain a statement by the applicant that the applicant meets the requirements of subsection (1) of this section. The application may include the Social Security number of the applicant if the applicant voluntarily provides this number. The application must be signed by the applicant.

�� (b) The applicant must submit to fingerprinting and photographing by the sheriff. The sheriff shall fingerprint and photograph the applicant and shall conduct any investigation necessary to corroborate the requirements listed under subsection (1) of this section. If a nationwide criminal records check is necessary, the sheriff shall request the Department of State Police to conduct the check, including fingerprint identification, through the Federal Bureau of Investigation. The Federal Bureau of Investigation shall return the fingerprint cards used to conduct the criminal records check and may not keep any record of the fingerprints. The Department of State Police shall report the results of the fingerprint-based criminal records check to the sheriff. The Department of State Police shall also furnish the sheriff with any information about the applicant that the Department of State Police may have in its possession including, but not limited to, manual or computerized criminal offender information.

�� (4) Application forms for concealed handgun licenses shall be supplied by the sheriff upon request. The forms shall be uniform throughout this state in substantially the following form:

APPLICATION FOR LICENSE TO CARRY

CONCEALED HANDGUN

�Date__

�� I hereby declare as follows:

�� I am a citizen of the United States or a legal resident noncitizen who can document continuous residency in the county for at least six months and have declared in writing to the United States Citizenship and Immigration Services my intention to become a citizen and can present proof of the written declaration to the sheriff at the time of this application. I am at least 21 years of age. I have been discharged from the jurisdiction of the juvenile court for more than four years if, while a minor, I was found to be within the jurisdiction of the juvenile court for having committed an act that, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470. I have never been convicted of a felony or found guilty, except for insanity under ORS

ORS 305.560

305.560. [1977 c.870 �5; 1985 c.85 �10; 1987 c.512 �4; 1991 c.459 �12; 1993 c.270 �7; 1995 c.79 �107; 1995 c.650 �7; 1997 c.541 ��52,52a,53,53a; 1999 c.314 �62; 1999 c.340 �2; 2011 c.111 �3; 2023 c.29 �2; 2023 c.313 �1; 2024 c.52 ��32,33]

�� 305.280 Time for filing appeals; denial of appeal. (1) Except as otherwise provided in this section, an appeal under ORS 305.275 (1) or (2) shall be filed within 90 days after the act, omission, order or determination becomes actually known to the person, but in no event later than one year after the act or omission has occurred, or the order or determination has been made. An appeal under ORS 308.505 to 308.674 shall be filed within 90 days after the date the order is issued under ORS 308.584 (3). An appeal from a supervisory order or other order or determination of the Department of Revenue shall be filed within 90 days after the date a copy of the order or determination or notice of the order or determination has been served upon the appealing party by mail as provided in ORS 306.805.

�� (2) An appeal under ORS 323.416 or 323.623 or from any notice of assessment or refund denial issued by the Department of Revenue with respect to a tax imposed under the tax laws of this state, and administered by the department, or collected by the department pursuant to ORS 305.620, shall be filed within 90 days after the date of the notice. An appeal from a proposed adjustment under ORS 305.270 shall be filed within 90 days after the date the notice of adjustment is final.

�� (3) Notwithstanding subsection (2) of this section, an appeal from a notice of assessment of taxes imposed under ORS chapter 314, 316, 317 or 318 may be filed within two years after the date the amount of tax, as shown on the notice and including appropriate penalties and interest, is paid.

�� (4) Except as provided in subsection (2) of this section or as specifically provided in ORS chapter 321, an appeal to the tax court under ORS chapter 321 or from an order of a county property value appeals board shall be filed within 30 days after the date of the notice of the determination made by the department or the date of mailing of the order, the date of publication of notice of the order, the date the order is personally delivered to the taxpayer or the date of mailing of the notice of the order to the taxpayer, whichever is applicable.

�� (5) An appeal from a local government�s final administrative decision shall be filed within 90 days after the date of the decision.

�� (6) If the tax court denies an appeal made pursuant to this section on the grounds that it does not meet the requirements of this section or ORS 305.275 or 305.560, the tax court shall issue a written decision rejecting the petition and shall set forth in the decision the reasons the tax court considered the appeal to be defective. [1977 c.870 �6; 1979 c.687 �1; 1985 c.61 �2; 1991 c.67 �76; 1993 c.270 �8; 1995 c.650 �8; 1997 c.99 ��32,33; 1997 c.541 ��55,56; 1999 c.249 �2; 1999 c.314 �90; 1999 c.340 �3; 2003 c.804 �63a; 2007 c.616 �11; 2009 c.23 �1; 2023 c.29 �3; 2024 c.52 ��34,35; 2025 c.371 �4]

�� 305.283 [1993 c.270 �11; repealed by 1995 c.650 �114]

�� 305.285 Correction of tax and assessment rolls for subsequent tax years during pendency of appeal. Whenever any property tax matter is appealed to the Department of Revenue, Oregon Tax Court or Supreme Court, and during the pendency of the appeal, no appeal is filed for a subsequent year or years, the taxpayer may, on or before December 15 of the year in which a final determination is made by the last body or tribunal to pass on the matter or within six months of the final determination, whichever is later, request the department to order the officer in charge of the rolls for the intervening years to correct all tax and assessment rolls for those years with respect to the property affected by the final determination. The department may require a hearing and the submission of evidence necessary to determine the correction, if any, that should be made for each intervening year in view of the holding in the final determination. Notwithstanding any time limit in ORS 305.288, 306.115 or 311.205, the department shall order the corrections it deems necessary. [1977 c.870 �7; 1983 c.605 �2; 1993 c.18 �64; 2013 c.176 �1]

�� 305.286 Potential refund credit in property tax appeals; conditions; procedure; interest. (1)(a) Whenever any property value or claim for exemption or cancellation of a property tax assessment is appealed, if the dollar amount in dispute exceeds $1 million, the assessor of the county in which the property is located may order the officer in charge of the assessment and tax roll to issue a potential refund credit with respect to the property as provided in this section.

�� (b) If the appeal relates to property assessed under ORS 308.505 to 308.674, the assessor of each county to which a portion of the value is apportioned may issue a potential refund credit under paragraph (a) of this subsection:

�� (A) Even if the dollar amount in dispute with respect to the county is $1 million or less; and

�� (B) Independently of the assessor of any other county.

�� (2) For purposes of this section, the dollar amount in dispute means the dollar amount of real market value or specially assessed value in dispute:

�� (a) For all tax years to which the appeal relates and any tax year during the pendency of the appeal; and

�� (b)(A) For all property of a taxpayer that is the subject of an appeal, regardless of whether the property is the subject of separate appeals; or

�� (B) For property that is assessed under ORS 308.505 to 308.674, for all current appeals relating to the property or to a unit of which the property is a part.

�� (3)(a) Except as expressly provided in this section, nothing in this section affects the laws governing the assessment and collection of ad valorem property taxes with respect to property to which a potential refund credit relates.

�� (b) Nothing in this section relieves a taxpayer of the obligation to comply with all laws governing the timely payment of ad valorem property taxes assessed on the property of the taxpayer to which a potential refund credit relates.

�� (4) For purposes of this section, the county assessor shall determine the amount of a potential refund credit as the dollar amount necessary to address the risk presented to the county by an appeal with respect to the tax year that is the subject of the property tax statement of the property to which the potential refund credit relates.

�� (5)(a) The county assessor may order issuance of a potential refund credit pursuant to this section at any time during a tax year to which an appeal relates and any tax year during the pendency of the appeal.

�� (b) Within 10 days after issuing a potential refund credit, the county assessor shall notify:

�� (A) The county treasurer of the amount of taxes included in the potential refund credit; and

�� (B) The taxpayer of the amount of taxes included in the potential refund credit and of the provisions of this section.

�� (6)(a) Upon payment by the taxpayer of taxes included in a potential refund credit, the county treasurer shall withhold the amount of taxes included in the potential refund credit from the amounts credited under ORS 311.395, net of any discounts, and deposit the withheld amount into a trust fund administered by the county treasurer in accordance with paragraph (b) of this subsection.

�� (b) The county treasurer may:

�� (A) Deposit the amount withheld under paragraph (a) of this subsection in the investment pool as defined in ORS 294.805 or any other investment account.

�� (B) Create a separate account for any amount withheld that is deposited in the investment pool or other investment account or commingle the amount withheld with other county moneys and account for the amount withheld separately.

�� (c) The county treasurer shall provide for proper accounting of any interest accruing on the amount withheld.

�� (7)(a) Upon final resolution of the appeal to which a potential refund credit relates, interest shall be computed and paid solely based on the amount earned by moneys in the investment account in which the amount withheld was deposited during the period the amount withheld was deposited in the account.

�� (b) If a refund is ordered, notwithstanding ORS 311.812, the amount of the refund shall be paid to the taxpayer out of the amount withheld under subsection (6) of this section, with interest as provided in paragraph (a) of this subsection for the period beginning on the later of the payment date or due date of the taxes included in the potential refund credit and ending on the date on which the refund is paid.

�� (c)(A) To the extent that taxes included in a potential refund credit are held to be due to the taxing districts, notwithstanding ORS 311.505, the county treasurer shall withdraw an amount not to exceed the amount due, with interest as provided in paragraph (a) of this subsection, from any account in which the amount withheld has been deposited under subsection (6) of this section and deposit the amount in the unsegregated tax collections account described in ORS 311.385 for distribution in accordance with ORS 311.390.

�� (B) The potential refund credit shall be deemed imposed in the tax year or years to which the appeal that gave rise to the potential refund credit relates. The effect of the tax limitation under Article XI, section 11b, of the Oregon Constitution, shall be determined with respect to the amount of taxes included in the potential refund credit in the tax year or years in which the taxes were levied.

�� (8) On or before November 25 of each year, the county assessor shall provide an annual report to the governing body and the treasurer of the county showing the status of all current potential refund credits and the status of the appeals to which the credits relate.

�� (9) Issuance of a potential refund credit, the withholding of tax amounts, the deposit of amounts withheld in an account and the payment of interest upon resolution of an appeal under this section do not give rise to a cause of action other than an action to ensure proper application of the provisions of this section.

�� (10) The Department of Revenue may adopt rules for purposes of this section. [2011 c.112 �1; 2017 c.541 �1]

�� Note: 305.286 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 305 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 305.287 Determination of real market value of property tax account or components. Whenever a party appeals the real market value of one or more components of a property tax account, or accounts that constitute a unit of property within the meaning of ORS 310.160 (1), any other party to the appeal may seek a determination from the body or tribunal of the total real market value of the unit of property, the real market value of any or all of the other components of the tax account or the unit of property, or both. [2011 c.397 �2; 2015 c.37 �1]

�� 305.288 Valuation changes for residential property substantial value error or for good and sufficient cause. (1) The tax court shall order a change or correction applicable to a separate assessment of property to the assessment and tax roll for the current tax year or for either of the two tax years immediately preceding the current tax year, or for any or all of those tax years, if all of the following conditions exist:

�� (a) For the tax year to which the change or correction is applicable, the property was or is used primarily as a dwelling (or is vacant) and was and is a single-family dwelling, a multifamily dwelling of not more than four units, a condominium unit, a manufactured structure or a floating home.

�� (b) The change or correction requested is a change in value for the property for the tax year and it is asserted in the request and determined by the tax court that the difference between the real market value of the property for the tax year and the real market value on the assessment and tax roll for the tax year is equal to or greater than 20 percent.

�� (2) If the tax court finds that the conditions needed to order a change or correction under subsection (1) of this section exist, the court may order a change or correction in the maximum assessed value of the property in addition to the change or correction in the real market value of the property.

�� (3) The tax court may order a change or correction applicable to a separate assessment of property to the assessment or tax roll for the current tax year and for either of the two tax years immediately preceding the current tax year if, for the year to which the change or correction is applicable, the assessor or taxpayer has no statutory right of appeal remaining and the tax court determines that good and sufficient cause exists for the failure by the assessor or taxpayer to pursue the statutory right of appeal.

�� (4) Before ordering a change or correction to the assessment or tax roll under subsection (3) of this section, the tax court may determine whether any of the conditions exist in a particular case. If the tax court determines that one of the conditions specified does exist, the tax court shall hold a hearing to determine whether to order a change or correction to the roll.

�� (5) For purposes of this section:

�� (a) �Current tax year� has the meaning given the term under ORS 306.115.

�� (b) �Good and sufficient cause�:

�� (A) Means an extraordinary circumstance that is beyond the control of the taxpayer, or the taxpayer�s agent or representative, and that causes the taxpayer, agent or representative to fail to pursue the statutory right of appeal; and

�� (B) Does not include inadvertence, oversight, lack of knowledge, hardship or reliance on misleading information provided by any person except an authorized tax official providing the relevant misleading information.

�� (6) The remedy provided under this section is in addition to all other remedies provided by law. [Formerly 306.116; 1999 c.767 �1; subsection (7) of 2005 Edition enacted as 2003 c.655 �47a; 2009 c.33 �6; 2013 c.176 �2; 2019 c.585 �20]

�� 305.290 Extension of time for making assessment due to bankruptcy. If the Department of Revenue is prohibited from making an assessment in a case under title 11 of the United States Code, the period for making the assessment shall not expire until one year after the prohibition is terminated. [1985 c.761 �12]

�� 305.295 Cancellation of tax, penalty or interest; rules. (1) Notwithstanding ORS 305.265 (14), the Department of Revenue may in its discretion, cancel any tax, penalty or interest or any portion thereof, for which an assessment has become final, if any of the following conditions exist:

�� (a) The assessment is based upon an asserted tax deficiency calculated upon income that the state is expressly prohibited from taxing under the Oregon Constitution or the laws of the United States.

�� (b) The assessment is based upon an asserted tax deficiency arising from an error made by the department when reviewing the return during processing, and the information necessary to correct the error was properly reported in the return as filed as determined by the department.

�� (c) The assessment is against an employer for withholding tax, with respect to any full calendar quarter during which the employer had no payroll and had permanently ceased doing business. An employer shall not be considered to have ceased doing business if the employer has changed its name and the business activity continues under the same beneficial ownership.

�� (d) Pursuant to rules adopted by the department, the department determines that:

�� (A) Reasonable doubt exists as to the taxpayer�s liability for the assessment;

�� (B) The taxpayer has presented documentation that the department considers sufficient to support canceling the tax, penalty or interest, or any portion thereof; and

�� (C) The taxpayer has complied with all applicable reporting and filing requirements for all tax years for which the department maintains records.

�� (2) When taxes are canceled, in whole or in part, under subsection (1) of this section, the department shall make an order canceling the tax, penalties and interest. The order shall be filed in the records of the department. Upon making the order, the department also shall cause to be canceled or released any lien of record in the counties which may have been filed and entered therein.

�� (3) Before the department may cancel an assessment under subsection (1) of this section, the taxpayer to whom the assessment is issued shall provide any information the department deems necessary to verify the existence of one of the conditions under which the assessment may be canceled.

�� (4) Notwithstanding ORS 314.415, the department may refund any payments made with respect to an assessment described in subsection (1) of this section. Interest shall be paid at the rate established under ORS 305.220 for a period beginning on the date the taxpayer requests the refund.

�� (5) A taxpayer may appeal denial of a request for cancellation of assessment or refund to the Director of the Department of Revenue. The decision of the director is final and may not be appealed. [1987 c.758 �16; 1997 c.100 �1; 2017 c.278 �6]

�� 305.305 Procedure where deficiency based on federal or other state audit report; effect of appeal; interest suspension. (1) As used in this section, �appeal� means an appeal to the Internal Revenue Service or any federal court or an appeal to another state�s taxing authority or any state court having jurisdiction over the other state�s tax matters that are the subject of the appeal.

�� (2) If a deficiency is based wholly or in part upon an Internal Revenue Service revenue agent�s report made upon any audit or adjustment of the person�s federal income tax return or upon an audit report of another state�s taxing authority, the following procedures shall apply:

�� (a) If the person has filed a timely appeal from the deficiency asserted by the service or other state taxing authority, the person may file proof of the appeal with the Department of Revenue. If proof of the appeal is received before the tax is assessed, the deficiency shall be assessed without penalty for failure to pay the tax at the time the tax became due.

�� (b) If the department assesses the deficiency before receipt of proof of the filing of a timely appeal, the person may file the proof with the department. If the proof is filed after the tax has been assessed with a penalty for failure to pay the tax at the time the tax became due, the penalty shall not be waived.

�� (3) Notwithstanding any other provision of law, filing of proof of a timely appeal under subsection (2) of this section shall extend the time for filing a complaint or petition with the tax court in accordance with this subsection. The person shall notify the department in writing within 30 days after the appeal is finally resolved. The department shall review the issues raised by the appeal and shall make a determination of the effect upon the person�s state income or excise tax liabilities. The department shall then issue a refund, notice of denial of refund or notice of assessment, as appropriate, to the person. If the person disagrees with the department�s action, the person may file a complaint or petition with the tax court within 90 days after the date of the department�s action as provided under ORS 305.404 to 305.560. Notwithstanding ORS 314.835 or any other law relating to confidentiality, the department may notify the magistrate division of the tax court if proof of a timely appeal is filed with the department or if the department determines that an appeal has been finally resolved.

�� (4) Except as provided in ORS 314.440 (2), when the department receives proof of a timely appeal, the department shall suspend action to collect the deficiency until the issues are resolved.

�� (5) If interest imposed by the federal government on a federal deficiency or partnership settlement agreement has been suspended under section 6601(c) of the Internal Revenue Code, interest imposed on a corresponding deficiency determined under ORS 305.265 and this section shall also be suspended. The suspension of interest imposed under ORS 305.265 shall be effective as of the date the federal interest is suspended and for the duration for which the federal interest is suspended.

�� (6) Except as provided in ORS 314.415 (6), the provisions of this section shall constitute the exclusive remedy of a person whose notice of deficiency is based wholly or in part upon a federal revenue agent�s report or the audit report of another state�s taxing authority. [1989 c.414 �6; 1995 c.650 �29; 1997 c.325 �7; 1999 c.74 �2; 1999 c.90 �28a; 2001 c.660 �17; 2005 c.48 �3]

�� 305.330 Tax liability of reorganized business entity. (1) As used in this section, �reorganized business entity�:

�� (a) Means a business entity that, while operating substantially the same business as another entity that incurred a liability for taxes, interest or penalties administered by the Department of Revenue, has been converted to a different form of business entity from that of the entity that incurred the liability or has changed ownership from that of the entity that incurred the liability; and

�� (b) Does not include a business entity that is converted to a different form or that has changed ownership solely because of a transfer of assets or because of a transfer of an interest of an investor who has no right to manage the business entity, including, but not limited to, the interest of:

�� (A) A person that is solely a minority shareholder in a corporation;

�� (B) A member of a manager-managed limited liability company; or

�� (C) A limited partner of a limited partnership that does not participate in the control of the business of the limited partnership.

�� (2) The department may transfer the liability for taxes, interest or penalties that are administered and collected by the department from the business entity that incurred the liability to a reorganized business entity and may assess those amounts against the reorganized business entity.

�� (3) Factors the department may consider when determining if a business entity is a reorganized business entity include, but are not limited to, whether the business entity:

�� (a) Operates from the same physical location as did the taxpayer owing the debt.

�� (b) Provides the same services or manufactures the same products as did the taxpayer owing the debt.

�� (c) Has one or more of the same:

�� (A) Corporate directors or officers as did the taxpayer owing the debt.

�� (B) Owners or holders of a direct or indirect interest in the business entity as did the taxpayer owing the debt.

�� (4) Following the determination to transfer a liability to a reorganized business entity under subsections (2) and (3) of this section and notwithstanding ORS 314.835,

ORS 307.145

307.145, 307.147 or 307.181 (3), is exempt from taxation if:

�� (a) The property is used by the lessee or, if the lessee is not in possession of the property, by the entity in possession of the property, in the manner, if any, required by law for the exemption of property owned, leased, subleased or being purchased by it; and

�� (b) It is expressly agreed under the terms of the lease, sublease or lease-purchase agreement that any tax savings resulting from the exemption granted under this section shall inure solely to the benefit of the institution, organization or public body.

�� (2) To obtain the exemption under this section, the lessee or, if the lessee is not in possession of the property, the entity in possession of the property, must file a claim for exemption with the county assessor, verified by the oath or affirmation of the president or other proper officer of the institution or organization, or head official of the public body or legally authorized delegate, showing:

�� (a) A complete description of the property for which exemption is claimed.

�� (b) If applicable, all facts relating to the use of the property by the lessee or, if the lessee is not in possession of the property, by the entity in possession of the property.

�� (c) A true copy of the lease, sublease or lease-purchase agreement covering the property for which exemption is claimed.

�� (d) Any other information required by the claim form.

�� (3) If the assessor is not satisfied that the tax savings resulting from the exemption granted under this section will inure solely to the benefit of the institution, organization or public body, before the exemption may be granted the lessor must provide documentary proof, as specified by rule of the Department of Revenue, that the tax savings resulting from the exemption will inure solely to the benefit of the institution, organization or public body.

�� (4)(a) The claim must be filed on or before April 1 preceding the tax year for which the exemption is claimed, except:

�� (A) If the lease, sublease or lease-purchase agreement is entered into after March 1 but not later than June 30, the claim must be filed within 30 days after the date the lease, sublease or lease-purchase agreement is entered into if exemption is claimed for that year; or

�� (B) If a late filing fee is paid in the manner provided in ORS 307.162 (2), the claim may be filed within the time specified in ORS 307.162 (2).

�� (b) The exemption first applies for the tax year beginning July 1 of the year for which the claim is filed.

�� (5)(a) An exemption granted under this section continues as long as the use of the property remains unchanged and during the period of the lease, sublease or lease-purchase agreement.

�� (b) If the use changes, a new claim must be filed as provided in this section.

�� (c) If the use changes due to sublease of the property or any portion of the property from the tax exempt entity described in subsection (1) of this section to another tax exempt entity, the entity in possession of the property must file a new claim for exemption as provided in this section.

�� (d) If the lease, sublease or lease-purchase agreement expires before July 1 of any year, the exemption terminates as of January 1 of the same calendar year. [1977 c.673 �2; 1987 c.756 �20; 1991 c.459 �41; 1991 c.851 �4; 1993 c.19 �3; 1993 c.777 �4; 1995 c.513 �1; 1997 c.434 �1; 1997 c.541 �102; 1999 c.579 �18; 2003 c.117 �1; 2007 c.817 �1; 2009 c.626 �1; 2011 c.655 �1; 2012 c.42 �2; 2013 c.768 �126; 2017 c.554 �1]

�� 307.115 Property of nonprofit corporations held for public parks or recreation purposes. (1) Subject to approval by the appropriate granting authority under subsection (4) of this section, the following real or personal property owned or being purchased under contract by any nonprofit corporation meeting the requirements of subsection (2) of this section shall be exempt from taxation:

�� (a) The real or personal property, or proportion thereof, as is actually and exclusively occupied or used for public park or public recreation purposes.

�� (b) The real or personal property, or proportion thereof, as is held for public parks or public recreation purposes if the property is not used for the production of income, for investment, or for any trade or business or commercial purpose, or for the benefit or enjoyment of any private stockholder or individual, but only if the articles of incorporation of the nonprofit corporation prohibit use of property owned or otherwise held by the corporation, or of proceeds derived from the sale of that property, except for public park or public recreation purposes.

�� (2) Any nonprofit corporation shall meet the following requirements:

�� (a) The corporation shall be organized for the principal purpose of maintaining and operating a public park and public recreation facility or acquiring interest in land for development for public parks or public recreation purposes;

�� (b) No part of the net earnings of the corporation shall inure to the benefit of any private stockholder or individual; and

�� (c) Upon liquidation, the assets of the corporation shall be applied first in payment of all outstanding obligations, and the balance remaining, if any, in cash and in kind, shall be distributed to the State of Oregon or to one or more of its political subdivisions for public parks or public recreation purposes.

�� (3) If any property which is exempt under this section subsequently becomes disqualified for such exemption or the exemption is not renewed as provided in subsection (4) of this section, it shall be added to the next general property tax roll for assessment and taxation in the manner provided by law.

�� (4)(a) Real or personal property shall not be exempt under this section except upon approval of the appropriate granting authority obtained in the manner provided under this subsection.

�� (b) Before any property shall be exempt under this section, on or before April 1 of any year the corporation owning or purchasing such property shall file an application for exemption with the county assessor. The provisions of ORS 307.162 shall apply as to the form, time and manner of application. Within 10 days of filing in the office of the assessor, the assessor shall refer each application for classification to the granting authority, which shall be the governing body of a county for property located outside the boundaries of a city and the governing body of the city for property located within the boundaries of the city. Within 60 days thereafter, the application shall be granted or denied and written notice given to the applicant and to the county assessor. In determining whether an application made for exemption under this section should be approved or disapproved, the granting authority shall weigh the benefits to the general welfare of granting the proposed exemption to the property which is the subject of the application against the potential loss in revenue which may result from granting the application.

�� (c) The granting authority shall not deny the application solely because of the potential loss in revenue if the granting authority determines that granting the exemption to the property will:

�� (A) Conserve or enhance natural or scenic resources;

�� (B) Protect air or streams or water supplies;

�� (C) Promote conservation of soils, wetlands, beaches or tidal marshes;

�� (D) Conserve landscaped areas which enhance the value of abutting or neighboring property;

�� (E) Enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, natural reservations, sanctuaries or other open spaces;

�� (F) Enhance recreation opportunities;

�� (G) Preserve historic sites;

�� (H) Promote orderly urban or suburban development;

�� (I) Promote the reservation of land for public parks, recreation or wildlife refuge purposes; or

�� (J) Affect any other factors relevant to the general welfare of preserving the current use of the property.

�� (d) The granting authority may approve the application for exemption with respect to only part of the property which is the subject of the application. However, if any part of the application is denied, the applicant may withdraw the entire application.

�� (e) The exemption shall be granted for a 10-year period and may be renewed by the granting authority for additional periods of 10 years each at the expiration of the preceding period, upon the filing of a new application by the corporation with the county assessor on or before April 1 of the year following the 10th year of exemption. The assessor shall refer the application to the governing body as provided in paragraph (b) of this subsection, and within 30 days thereafter, the governing body shall determine if renewing the exemption will continue to serve one of the purposes of paragraph (c) of this subsection. Within 30 days after referral, written notice shall be given to the applicant and to the county assessor of the determination made by the governing body.

�� (5) Any nonprofit corporation aggrieved by the refusal of the granting authority to grant or renew an exemption under subsection (4) of this section may, within 60 days after written notice has been sent to the corporation, appeal from the determination of the granting authority to the Oregon Tax Court. The appeal should be perfected in the manner provided in ORS 305.560. The provisions of ORS 305.405 to 305.494 shall apply to the appeals. [1971 c.584 �1; 1973 c.214 �1; 1979 c.689 �5; 1987 c.416 �1; 1995 c.79 �118; 1997 c.325 �18]

�� 307.118 Wastewater and sewage treatment facilities. Upon compliance with ORS 307.162, the wastewater treatment facilities, sewage treatment facilities and all other property used for the purpose of wastewater treatment or sewage treatment, including the land underneath the facilities, shall be exempt from taxation if:

�� (1) Owned by a nonprofit corporation that was in existence as of January 1, 1997; and

�� (2) The nonprofit corporation�s only activities consist of operating wastewater treatment and sewage treatment facilities that were constructed and in operation as of January 1, 1997. [1997 c.485 �2]

�� 307.120 Property owned or leased by municipalities, dock commissions, airport districts or ports; exception; payments in lieu of taxes to school districts. (1) Real property owned or leased by any municipality and real and personal property owned or leased by any dock commission of any city or by any airport district or port organized under the laws of this state is exempt from taxation to the extent to which such property is:

�� (a) Leased, subleased, rented or preferentially assigned for the purpose of the berthing of ships, barges or other watercraft (exclusive of property leased, subleased, rented or preferentially assigned primarily for the purpose of the berthing of floating homes, as defined in ORS 830.700), the discharging, loading or handling of cargo therefrom or for storage of such cargo directly incidental to transshipment, or the cleaning or decontaminating of agricultural commodity cargo, to the extent the property does not further alter or process an agricultural commodity;

�� (b) Held under lease or rental agreement executed for any purpose prior to July 5, 1947, except that this exemption shall continue only during the term of the lease or rental agreement in effect on that date; or

�� (c) Used as an airport owned by and serving a municipality or port of less than 300,000 inhabitants as determined by the latest decennial census. Property owned or leased by the municipality, airport district or port that is located within or contiguous to the airport is exempt from taxation under this subsection if the proceeds of the lease, sublease or rental are used by the municipality, airport district or port exclusively for purposes of the maintenance and operation of the airport.

�� (2) Those persons having on January 1 of any year a lease, sublease, rent or preferential assignment or other possessory interest in property exempt from taxation under subsection (1)(a) of this section, except dock area property, shall make payments in lieu of taxes to any school district in which the exempt property is located as provided in subsection (3) of this section. The annual payment in lieu of taxes shall be one quarter of one percent (0.0025) of the real market value of the exempt property and the payment shall be made to the county treasurer on or before May 1 of each year.

�� (3)(a) On or before December 31 preceding any year for which a lease, sublease, rental or preferential assignment or other possessory interest in property is to be held, or within 30 days after acquisition of such an interest, whichever is later, any person described in subsection (2) of this section shall file with the county assessor a request for computation of the payment in lieu of tax for the exempt property in which the person has a possessory interest. The person shall also provide any information necessary to complete the computation that may be requested by the assessor. The request shall be made on a form prescribed by the Department of Revenue.

�� (b) On or before April 1 of each assessment year the county assessor shall compute the in lieu tax for the property subject to subsection (2) of this section for which a request for computation has been filed under paragraph (a) of this subsection and shall notify each person who has filed such a request:

�� (A) That the person is required to pay the amount in lieu of taxes to the county treasurer on behalf of the school district;

�� (B) Of the real market value of the property subject to the payment in lieu of taxes; and

�� (C) Of the amount due, the due date of the payment in lieu of taxes and of the consequences of late payment or nonpayment.

�� (c) On or before July 15 of each tax year the county treasurer shall distribute to the school districts the amounts received for the respective districts under subsection (2) of this section. If the exempt property is located in more than one school district, the amount received shall be apportioned to the school districts on the basis of the ratio that each school district�s permanent limit on the rate of ad valorem property taxes bears to the total permanent limit on the rate of ad valorem property taxes applicable to all of the school districts in which the property is located.

�� (4) If a person described in subsection (2) of this section fails to request a computation or make a payment in lieu of taxes as provided in this section, the property shall not be exempt for the tax year but shall be assessed and taxed as other property similarly situated is assessed and taxed.

�� (5) Upon granting of a lease, sublease, rental, preferential assignment or other possessory interest in property described in subsection (1)(a) of this section, except dock area property, the municipality, dock commission, airport district or port shall provide the county assessor with the name and address of the lessee, sublessee, renter, preferential assignee or person granted the possessory interest.

�� (6)(a) Not later than 15 days prior to the date that a request is required to be made under subsection (3)(a) of this section, the municipality, dock commission, airport district or port granting a lease, sublease, rental, preferential assignment or other possessory interest in its exempt property for which in lieu tax payments are imposed under subsection (2) of this section, shall notify the person granted the interest:

�� (A) Of the obligation to file with the county assessor a request for appraisal and computation of in lieu tax no later than December 31 or within 30 days after the interest is granted, whichever is later.

�� (B) Of the obligation to pay the in lieu tax, in the amount of one-quarter of one percent (0.0025) of the real market value of the exempt property held, to the county treasurer before May 1 following the date of the request.

�� (C) That, if the request is not made within the time prescribed, or if the in lieu tax is not paid, or both, that the property shall not be exempt from taxation but shall be assessed and taxed in the same manner as other property similarly situated is assessed and taxed.

�� (b) Failure of a municipality, dock commission, airport district or port to give the notice as prescribed under this subsection does not relieve any person from the requirements of this section.

�� (7) As used in this section:

�� (a) �Dock� means a structure extended from the shore or area adjacent to deep water for the purpose of permitting the mooring of ships, barges or other watercraft.

�� (b) �Dock area� means that part of the dock situated immediately adjacent to the mooring berth of ships, barges or other watercraft which is used primarily for the loading and unloading of waterborne cargo, but which shall not encompass any area other than that area from which cargo is hoisted or moved aboard a vessel, or to which cargo is set down when unloaded from a vessel when utilizing shipboard or dockside machinery.

�� (c) �Dock area property� means all real property situated in the dock area, and includes all structures, machinery or equipment affixed to that property.

�� (d) �School district� means a common or union high school district, but does not include a county education bond district, an education service district, a community college service district or a community college district. [Amended by 1955 c.267 �1; 1973 c.234 �1; 1977 c.615 �1; 1979 c.705 �1; 1981 c.160 �1; 1983 c.740 �86; 1987 c.583 �5; 1987 c.756 �10; 1991 c.459 �42; 1995 c.337 �2; 1997 c.271 �4; 1997 c.541 �103; 1997 c.600 �5; 1999 c.570 �1; 2001 c.114 �9; 2003 c.119 �1; 2003 c.169 �1]

�� 307.122 [1987 c.583 ��3,7; repealed by 1991 c.459 �81]

�� 307.123 Property of strategic investment program eligible projects; rules. (1) Except as provided in subsection (4) of this section, real or personal property that the Oregon Business Development Commission, acting pursuant to ORS 285C.606, has determined is an eligible project under ORS 285C.600 to 285C.635 shall be subject to assessment and taxation as provided in this section.

�� (2)(a) The following portions of the real market value of the eligible project, increased annually for growth at the rate of three percent, shall be taxable at the taxable portion�s assessed value under ORS 308.146:

�� (A) $100 million, adjusted annually for inflation since 2024 based on the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor, and rounded to the nearest multiple of $100,000; or

�� (B) If the project is located in a rural area as defined in ORS 285C.600:

�� (i) $40 million for a project with a total cost of not more than $500 million.

�� (ii) $75 million for a project with a total cost of more than $500 million and not more than $1 billion.

�� (iii) $150 million for a project with a total cost of more than $1 billion.

�� (b) The taxable portion of real market value, as adjusted, shall be allocated as follows until the entire amount is assigned: first to land, second to buildings, third to real property machinery and equipment and last to personal property.

�� (c) The remainder of the real market value shall be exempt from taxation for a period of 15 years from the beginning of the tax year after the earliest of the following dates:

�� (A) The date the property is certified for occupancy or, if no certificate of occupancy is issued, the date the property is used to produce a product for sale; or

�� (B) The expiration of the exemption for commercial facilities under construction under ORS 307.330.

�� (3) If the real market value of the property falls below the value determined under subsection (2)(a) of this section, the owner or lessee shall pay taxes only on the assessed value of the property.

�� (4) Notwithstanding subsection (1) of this section, real or personal property that has received an exemption under ORS 285C.175 may not be assessed under this section.

�� (5) The Department of Revenue may adopt rules and prescribe forms that the department determines are necessary for administration of this section.

�� (6) The determination by the Oregon Business Development Commission that a project is an eligible project that may receive a tax exemption under this section shall be conclusive, so long as the property included in the eligible project is constructed and installed in accordance with the application approved by the commission.

�� (7) Notwithstanding subsection (1) of this section, if the owner or lessee of property exempt under this section fails to pay the fee required under ORS

ORS 307.485

307.485 shall:

�� (a) Pay to the treasurer of the county on or before November 15 an amount equal to 10 percent of the rentals for the period ending the preceding October 15; and

�� (b) Submit with the remittance a form supplied by the Department of Revenue that states the rental income and:

�� (A) If for agricultural workforce housing, certifies compliance with all applicable local, state and federal building codes; or

�� (B) If for a child care facility or farm labor camp that is offered in connection with recruitment or employment of agricultural workers, certifies compliance with the requirements of the State Fire Marshal, the local health officer or the Department of Early Learning and Care, as applicable.

�� (2) The treasurer shall, with the assistance of the assessor, allocate the money received by the treasurer under subsection (1) of this section, to the districts in which the exempt property is located in the same proportion that the tax rate for the current tax year for each district bears to the total tax rate for all districts.

�� (3) The moneys received by the district shall be considered as a budget resource for the next ensuing fiscal year. [1973 c.382 �3; 1997 c.325 �26; 2013 c.624 �75; 2015 c.34 �3; 2023 c.554 �45]

�� 307.495 Claiming exemption; verification of compliance with regulatory laws. (1)(a) A nonprofit corporation claiming exemption under ORS 307.485 shall file with the county assessor two copies of a written claim for exemption on or before April 1 of each assessment year for which the exemption is claimed.

�� (b) Notwithstanding paragraph (a) of this subsection, if the property for which exemption is claimed is acquired after March 1 and before July 1, the claim shall be filed within 30 days after acquisition.

�� (2) The claim shall:

�� (a) Designate the property for which exemption is claimed;

�� (b) State the facts that make the property eligible within the definitions of ORS 307.480; and

�� (c) Include all verifications required under subsection (3) of this section.

�� (3) The claim for exemption under this section must include written verification:

�� (a) If for agricultural workforce housing, by the owner of the agricultural workforce housing that the agricultural workforce housing is in compliance with all applicable local, state and federal building codes.

�� (b) If for a child care facility, in whole or in part, by the Department of Early Learning and Care that the child care facility is certified.

�� (c) If for a farm labor camp, by the appropriate authority under the Oregon Safe Employment Act that the farm labor camp is in compliance with the safety and health standards for agricultural labor housing and related facilities adopted under the Oregon Safe Employment Act.

�� (4) Verification of compliance under subsection (3)(c) of this section may be denied if access to the farm labor camp for purposes of inspection is denied to the appropriate authority.

�� (5) If any verification required under subsection (3) of this section is refused by the appropriate authority or is otherwise not included with a claim for exemption, the county assessor shall deny the claim and cause the nonprofit corporation to be billed for the real and personal property taxes.

�� (6) An exemption may not be allowed for any year subsequent to the first year unless the nonprofit corporation submits to the assessor details as to the rentals for the prior year and proof that the payments required by ORS 307.490 have been made. [1973 c.382 �4; 1991 c.459 �62; 1995 c.278 �35; 1997 c.541 �126; 2013 c.193 �22; 2015 c.34 �4; 2023 c.554 �46]

�� 307.500 Review of claim by Department of Revenue. Upon receipt of a claim, or any subsequent rental statement, filed under ORS

ORS 307.691

307.691; 2011 c.266 �4; 2019 c.322 �1]

�� 307.640 [1975 c.428 �6; 1991 c.459 �74; 1995 c.596 �6; 1997 c.541 �138; renumbered 307.615 in 2005]

�� 307.650 [1975 c.428 �7; 1995 c.278 �37; 1995 c.596 �7; 1999 c.808 �6; 2003 c.457 �6; 2005 c.94 �41; renumbered 307.618 in 2005]

(Single-Unit Housing)

�� 307.651 Definitions for ORS 307.651 to 307.687. As used in ORS 307.651 to 307.687, unless the context requires otherwise:

�� (1) �Governing body� means the city legislative body having jurisdiction over the property for which an exemption may be applied for under ORS 307.651 to 307.687.

�� (2) �Manufactured home� means a structure that complies with any or all of the following placement standards, or any less restrictive standard, for the approval of manufactured homes located outside mobile home parks:

�� (a) The structure shall be multisectional and enclose a space of not less than 1,000 square feet.

�� (b) The structure shall be placed on an excavated and back-filled foundation and enclosed at the perimeter such that the structure is located not more than 12 inches above grade.

�� (c) The structure shall have a pitched roof.

�� (d) The structure shall have exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the local permit approval authority.

�� (e) The structure shall be certified by the manufacturer to have an exterior thermal envelope meeting performance standards that reduce levels equivalent to the performance standards required of single-family dwellings constructed under the state building code as defined in ORS 455.010.

�� (f) The structure shall have a garage or carport constructed of like materials.

�� (3) �Qualified dwelling unit� means a dwelling unit that, at the time an application is filed pursuant to ORS 307.667, has a market value for the land and improvements of no more than 120 percent, or a lesser percentage as adopted by the governing body by resolution, of the median sales price of dwelling units located within the city.

�� (4) �Single-unit housing� means a structure having one or more dwelling units that:

�� (a) Is, or will be, upon purchase, rehabilitation or completion of construction, in conformance with all local plans and planning regulations, including special or district-wide plans developed and adopted pursuant to ORS chapters 195, 196, 197, 197A and 227.

�� (b) If newly constructed, is completed within two years after application for exemption is approved under ORS 307.674.

�� (c) Is designed for each dwelling unit within the structure to be purchased by and lived in by one person or one family.

�� (d) Has one or more qualified dwelling units within the single-unit housing.

�� (e) Is not a floating home, as defined in ORS 830.700, or a manufactured structure, other than a manufactured home.

�� (5) �Structure� does not include the land or any site development made to the land, as those terms are defined in ORS 307.010. [Formerly 458.005; 2011 c.354 �8; 2013 c.426 �1; 2017 c.294 �1; 2019 c.585 �22; 2021 c.528 �9; 2022 c.54 �16; 2024 c.52 �19]

�� 307.654 Legislative findings. (1) The Legislative Assembly finds it to be in the public interest to encourage homeownership among low and moderate income families.

�� (2) The Legislative Assembly further finds and declares that the cities of this state should be able to establish and design programs to stimulate the purchase, rehabilitation and construction of single-unit housing for homeownership by low and moderate income families by means of a limited property tax exemption, as provided under ORS 307.651 to 307.687. [Formerly 458.010; 2013 c.426 �2; 2017 c.294 �2]

�� 307.657 Local government action to provide exemption. (1) ORS 307.651 to 307.687 apply to single-unit housing located within the jurisdiction of a governing body that adopts, by resolution or ordinance, ORS 307.651 to 307.687. Except as provided in subsection (2) of this section, the exemption provided by ORS 307.651 to

ORS 308.296

308.296 for the failure to timely file a real, combined or personal property return as required by ORS 308.290 is the subject of an appeal to the tax court, the court may waive the liability for all or a portion of the penalty upon a proper showing of good and sufficient cause. [2001 c.303 �5]

�� 305.425 Proceedings to be without jury and de novo; issues reviewable; rules of procedure. (1) All proceedings before the judge or a magistrate of the tax court shall be original, independent proceedings and shall be tried without a jury and de novo.

�� (2) If a statute provides for an appeal to or a review by the court of an order, act, omission or determination of the Department of Revenue, a local government in its administration of a tax described in ORS 305.410 (3), a property value appeals board or of any other administrative agency, the proceeding shall be an original proceeding in the nature of a suit in equity to set aside such order or determination or correct the act or omission. The time within which the statute provides that the proceeding shall be brought is a period of limitations and is not jurisdictional.

�� (3) All hearings and proceedings before the tax court judge shall be in accordance with the rules of practice and procedure promulgated by the court, which shall conform, as far as practical to the rules of equity practice and procedure in this state. [1961 c.533 �16; 1965 c.6 �3; 1967 c.78 �9; 1973 c.484 �7; 1977 c.870 �29; 1981 s.s. c.1 �23; 1995 c.650 �19; 1997 c.541 �60; 2023 c.29 �4; 2023 c.313 �3]

�� 305.427 Burden of proof in tax court proceedings. In all proceedings before the judge or a magistrate of the tax court and upon appeal therefrom, a preponderance of the evidence shall suffice to sustain the burden of proof. The burden of proof shall fall upon the party seeking affirmative relief and the burden of going forward with the evidence shall shift as in other civil litigation. [1965 c.6 �5; 1995 c.650 �20]

�� 305.430 Hearings to be open to public; report of proceedings; exception; confidential information. (1) Except as provided in subsections (2) and (3) of this section, hearings before the judge or a magistrate of the tax court shall be open to the public. All proceedings in the regular division of the tax court shall be reported unless waived by the parties with the consent of the court. The expense of reporting shall be paid by the state from the appropriation for the court. Proceedings before the magistrate division shall not be reported.

�� (2) If information is confidential under ORS 308.411 (4) or by court order under ORS

ORS 308.855

308.855 or 308.860 (1969 Replacement Part), a tax record showing that a person has paid the ad valorem tax assessment on the structure since 1972 is a document evidencing the person�s ownership of the structure.

�� (2) The owner of a manufactured structure described in subsection (1) of this section is not required to obtain an ownership document for the structure unless the structure is moved or sold. Except as provided in subsections (3) and (5) of this section, upon the moving or sale of a manufactured structure described in subsection (1) of this section, the owner shall submit the document evidencing ownership of the structure to the Department of Consumer and Business Services as provided in ORS 446.631 and 446.641. Upon receipt of the document, the department shall enter the information regarding the manufactured structure in the department�s records and issue an ownership document for the structure.

�� (3) If the owner of a manufactured structure has misplaced a certificate of title, the Department of Consumer and Business Services may require the person to provide proof sufficient to satisfy the department concerning any questions about the ownership of the manufactured structure or security interests in the structure. The proof required by the department may include, but is not limited to, completion of an affidavit that:

�� (a) Is in a form required by the department by rule;

�� (b) Contains any information the department requires by rule as necessary to establish ownership of the manufactured structure or to determine any security interests in the structure; and

�� (c) Is verified by the person making the affidavit.

�� (4) The Department of Consumer and Business Services is not liable to any person for issuing an ownership document based on proof provided under subsection (3) of this section.

�� (5) The movement or sale of a manufactured structure described in subsection (1) of this section does not require the owner to obtain an ownership document if:

�� (a) The move or sale will qualify the manufactured structure for recording in the deed records of a county under ORS 446.626; and

�� (b) The person who will own the structure after the move or sale files an affidavit with the Department of Consumer and Business Services prior to the move or sale stating that the person will apply within 25 business days after completion of the move or sale to have the manufactured structure recorded in the county deed records.

�� (6) ORS 803.220 does not apply to a certificate of title for a manufactured structure issued by the Department of Transportation.

�� (7) If the Department of Consumer and Business Services issues an ownership document for a manufactured structure that was previously issued a certificate of title by the Department of Transportation, the Department of Consumer and Business Services shall record in the department�s records and note on the ownership document any unreleased secured interest that was noted on the certificate of title. A secured interest described in this subsection retains the original perfection date of the interest, but provides the same creditor rights and remedies available for a secured interest in personal property perfected under ORS

ORS 309.026

309.026. The boards of the various counties may make such reciprocal arrangements for the exchange of appraisers with other counties as will most effectively carry out the functions and duties of the boards. [1953 c.714 �3; 1955 c.709 �3; 1957 c.326 �2; 1971 c.377 �2; 1973 c.336 �1; 1981 c.804 �2; 1989 c.330 �16; 1991 c.5 �24; 1991 c.459 �189; 1993 c.270 �40; 1993 c.498 �3; 1997 c.541 �225a; 2001 c.511 �2; 2005 c.94 �59; 2023 c.29 �21]

�� 309.025 Notice of hearings on appeals of property value; proof of notice; persons interested may appear. (1) Before the date the property value appeals board convenes, the clerk of the board shall give public notice that the board will meet at a specified time and place to hear the appeals specified in ORS 309.026.

�� (2)(a) The notice provided under this section shall be given by posting notices in six conspicuous places in the county.

�� (b) Proof of notice shall be made by affidavit of the clerk of the board, setting out the time, manner and place of posting the notices. The affidavit must be filed in the office of the county clerk on or before the day on which the board convenes.

�� (3) Persons interested may appear at the time and place appointed in the notice. [1991 c.459 �194a; 1997 c.541 �226; 1999 c.579 �9; 2011 c.204 �8; 2023 c.29 �22]

�� Note: 309.025 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 309 by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 309.026 Sessions; hearing of petitions for reduction of property value; applications to waive penalty; adjournment. (1) The property value appeals board may convene on or after the first Monday in February of each year, but not later than the date necessary for the board to complete the functions of the board by April 15. The board shall meet at the courthouse or courthouse annex. If the meeting place is other than the courthouse or annex, notice of the meeting place shall be posted daily in the courthouse. The board shall continue its sessions from day to day, exclusive of legal holidays, until the functions provided in subsections (2) and (3) of this section are completed.

�� (2) The board shall hear petitions for the reduction of:

�� (a) The assessed value or specially assessed value of property as of January 1 or as determined under ORS 308.146 (6)(a);

�� (b) The real market value of property as of January 1 or as determined under ORS 308.146 (6)(a);

�� (c) The maximum assessed value of property as of January 1 or as determined under ORS 308.146 (5)(a) or (8)(a); and

�� (d) Corrections to value made under ORS 311.208.

�� (3) The board shall hear petitions for the reduction of value as provided in subsection (2) of this section, but only if the value that is the subject of the petition was added to the roll prior to December 1 of the tax year.

�� (4) The board shall consider applications to waive liability for all or a portion of the penalty imposed under ORS 308.295 or 308.296.

�� (5) The board shall adjourn no later than April 15. [1955 c.709 �4; 1957 c.326 �3; 1959 c.519 �3; 1971 c.377 �3; 1975 c.753 �3; 1979 c.241 �35; 1981 c.804 �3; 1983 s.s. c.5 �9; 1985 c.318 �3; 1989 c.330 �4; 1991 c.459 �190; 1993 c.270 �41; 1997 c.541 �227; 1999 c.579 �10; 1999 c.655 �5; 2001 c.422 �1; 2009 c.443 �3; 2015 c.92 �4; 2023 c.29 �23]

�� 309.028 [1955 c.709 �6; 1959 c.519 �4; 1971 c.377 �4; 1975 c.753 �4; 1979 c.241 �36; 1981 c.804 �4; 1989 c.330 �5; 1991 c.459 �191; renumbered 309.014 in 1991]

�� 309.030 [Amended by 1955 c.709 �9; renumbered 309.038]

�� 309.032 [1955 c.709 �7; 1959 c.519 �5; 1973 c.402 �13; 1975 c.753 �7; 1979 c.241 �37; 1981 c.804 �5; 1983 s.s. c.5 �10; 1985 c.613 �11; 1989 c.330 �6; repealed by 1991 c.96 �13 and 1991 c.459 �208]

�� 309.034 [1955 c.709 �8; repealed by 1971 c.377 �5 (309.035 enacted in lieu of 309.034)]

�� 309.035 [1971 c.377 �6 (enacted in lieu of

ORS 31.260

31.260 to 31.278 to an appropriate committee or interim committee of the Legislative Assembly. [2013 c.5 �9; 2025 c.405 �18]

�� 31.278 Use of information relating to notice of adverse health care incident. (1) The Oregon Patient Safety Commission may disseminate information relating to a notice of adverse health care incident filed under ORS 31.262 to the public and to health care providers and health care facilities not involved in the adverse health care incident as necessary to meet the goals described in ORS 31.276. Information disclosed under this subsection may not identify a health care facility, health care provider or patient involved in the adverse health care incident.

�� (2) The commission may not disclose any information provided pursuant to a discussion under ORS 31.264 to a regulatory agency or licensing board.

�� (3) The commission may use and disclose information provided pursuant to a discussion under ORS 31.264 as necessary to assist a health care facility or health care provider involved in an adverse health care incident in determining the cause of and potential mitigation of the incident. If the commission discloses information under this subsection to a person not involved in the incident, the information may not identify a health care facility, health care provider or patient involved in the incident.

�� (4) A regulatory agency, licensing board, health care facility, health insurer or credentialing entity may not ask the commission, a health care facility, a health care provider or other person whether a facility or provider has filed a notice of adverse health care incident or use the fact that a notice of adverse health care incident was filed as the basis of disciplinary, regulatory, licensure or credentialing action. This subsection does not prevent a person from using information, if the information is otherwise available, to engage in quality review of patient care or as the basis of imposing a restriction, limitation, loss or denial of privileges on a health care provider or other action against a health care provider based on a finding of medical incompetence, unprofessional conduct, physical incapacity or impairment. [2013 c.5 �10]

�� 31.280 [2013 c.5 �17; repealed by 2025 c.405 �17]

(Actions Against Design Professionals)

�� 31.300 Pleading requirements for actions against design professionals. (1) As used in this section, �design professional� means an architect, landscape architect, professional engineer or professional land surveyor registered under ORS chapter 671 or 672 or licensed to practice as an architect, landscape architect, professional engineer or professional land surveyor in another state.

�� (2) A complaint, cross-claim, counterclaim or third-party complaint asserting a claim against a design professional that arises out of the provision of services within the course and scope of the activities for which the person is registered or licensed may not be filed unless the claimant�s attorney certifies that the attorney has consulted a design professional with similar credentials who is qualified, available and willing to testify to admissible facts and opinions sufficient to create a question of fact as to the liability of the design professional. The certification must contain a statement that a design professional with similar credentials who is qualified to testify as to the standard of professional skill and care applicable to the alleged facts, is available and willing to testify that:

�� (a) The alleged conduct of the design professional failed to meet the standard of professional skill and care ordinarily provided by other design professionals with similar credentials, experience and expertise and practicing under the same or similar circumstances; and

�� (b) The alleged conduct was a cause of the claimed damages, losses or other harm.

�� (3) In lieu of providing the certification described in subsection (2) of this section, the claimant�s attorney may file with the court at the time of filing a complaint, cross-claim, counterclaim or third-party complaint an affidavit that states:

�� (a) The applicable statute of limitations is about to expire;

�� (b) The certification required under subsection (2) of this section will be filed within 30 days after filing the complaint, cross-claim, counterclaim or third-party complaint or such longer time as the court may allow for good cause shown; and

�� (c) The attorney has made such inquiry as is reasonable under the circumstances and has made a good faith attempt to consult with at least one registered or licensed design professional who is qualified to testify as to the standard of professional skill and care applicable to the alleged facts, as required by subsection (2) of this section.

�� (4) Upon motion of the design professional, the court shall enter judgment dismissing any complaint, cross-claim, counterclaim or third-party complaint against any design professional that fails to comply with the requirements of this section.

�� (5) This section applies only to a complaint, cross-claim, counterclaim or third-party complaint against a design professional by any plaintiff who:

�� (a) Is a design professional, contractor, subcontractor or other person providing labor, materials or services for the real property improvement that is the subject of the claim;

�� (b) Is the owner, lessor, lessee, renter or occupier of the real property improvement that is the subject of the claim;

�� (c) Is involved in the operation or management of the real property improvement that is the subject of the claim;

�� (d) Has contracted with or otherwise employed the design professional; or

�� (e) Is a person for whose benefit the design professional performed services. [2003 c.418 �1; 2015 c.610 �1]

(Actions Against Real Estate Licensees)

�� 31.350 Pleading requirements for actions against real estate licensees. (1) As used in this section, �real estate licensee� has the meaning given that term in ORS 696.010.

�� (2) A complaint, cross-claim, counterclaim or third-party complaint asserting a claim of professional negligence against a real estate licensee for conduct occurring within the course and scope of the professional real estate activity for which the individual is licensed may not be filed unless the claimant�s attorney certifies that the attorney has consulted a real estate licensee who is qualified, available and willing to testify to admissible facts and opinions sufficient to create a question of fact as to the liability of the real estate licensee. The certification required by this section must be filed with or be made part of the original complaint, cross-claim, counterclaim or third-party complaint. The certification must contain a statement that a real estate licensee who is qualified to testify as to the standard of care applicable to the alleged facts, is available and willing to testify that:

�� (a) The alleged conduct of the real estate licensee failed to meet the standard of professional care applicable to the real estate licensee in the circumstances alleged; and

�� (b) The alleged conduct was a cause of the claimed damages, losses or other harm.

�� (a) The applicable statute of limitations is about to expire;

�� (c) The attorney has made such inquiry as is reasonable under the circumstances and has made a good faith attempt to consult with at least one real estate licensee who is qualified to testify as to the standard of care applicable to the alleged facts, as required by subsection (2) of this section.

�� (4) Upon motion of the real estate licensee, the court shall enter judgment dismissing any complaint, cross-claim, counterclaim or third-party complaint against any real estate licensee who fails to comply with the requirements of this section.

�� (5) This section applies only to a complaint, cross-claim, counterclaim or third-party complaint against a real estate licensee by any plaintiff who:

�� (a) Has contracted with or otherwise employed the real estate licensee; or

�� (b) Is a person for whose benefit the real estate licensee performed services. [2005 c.277 �1; 2007 c.319 �25]

(Actions Arising From Injuries Caused by Dogs)

�� 31.360 Proof required for claim of economic damages in action arising from injury caused by dog. (1) For the purpose of establishing a claim for economic damages, as defined in ORS 31.705, in an action arising from an injury caused by a dog:

�� (a) The plaintiff need not prove that the owner of the dog could foresee that the dog would cause the injury; and

�� (b) The owner of the dog may not assert as a defense that the owner could not foresee that the dog would cause the injury.

�� (2) This section does not prevent the owner of a dog that caused an injury from asserting that the dog was provoked, or from asserting any other defense that may be available to the owner.

�� (3) This section does not affect the requirements for an award of punitive damages provided in ORS 31.730 (1). [2007 c.402 �1; 2021 c.478 �6]

(Actions Based on Failure to Conduct Adequate Criminal Records Check)

�� 31.370 Presumption of absence of negligence if defendant conducts criminal records check through Department of State Police. (1) In a claim for negligence based on the defendant�s failure to conduct an adequate criminal records check of a person, there is a rebuttable presumption that the defendant was not negligent if the defendant conducted the criminal records check through the Department of State Police.

�� (2) A criminal records check conducted through the Law Enforcement Data System meets the requirements of this section. [2019 c.424 �2]

ADVANCE PAYMENTS

�� 31.550 �Advance payment� defined. As used in ORS 12.155 and 31.550 to 31.565, �advance payment� means compensation for the injury or death of a person or the injury or destruction of property prior to the determination of legal liability therefor. [Formerly

ORS 31.982

31.982�� Action for criminal conversation abolished

�� 31.010 [Repealed by 1981 c.898 �53]

�� 31.020 [Repealed by 1981 c.898 �53]

�� 31.030 [Repealed by 1981 c.898 �53]

�� 31.040 [Repealed by 1981 c.898 �53]

�� 31.050 [Renumbered 652.500]

SPECIAL MOTION TO STRIKE

�� 31.150 Special motion to strike; when available; burden of proof. (1) A defendant may make a special motion to strike against a claim in a civil action described in subsection (2) of this section. The court shall grant the motion unless the plaintiff establishes in the manner provided by subsection (4) or (5) of this section that there is a probability that the plaintiff will prevail on the claim. The special motion to strike shall be treated as a motion to dismiss under ORCP 21 A but shall not be subject to ORCP 21 F. Upon granting the special motion to strike, the court shall enter a judgment of dismissal without prejudice. If the court denies a special motion to strike, the court shall enter a limited judgment denying the motion.

�� (2) A special motion to strike may be made under this section against any claim in a civil action that arises out of:

�� (a)(A) Any oral statement made, or written statement or other document submitted, in a legislative, executive or judicial proceeding or other proceeding authorized by law;

�� (B) Any oral statement made, or written statement or other document submitted, in connection with an issue under consideration or review by a legislative, executive or judicial body or other proceeding authorized by law;

�� (C) Any oral statement made, or written statement or other document presented, in a place open to the public or a public forum in connection with an issue of public interest; or

�� (D) Any other conduct in furtherance of the exercise of the constitutional right of assembly, petition or association or the constitutional right of free speech or freedom of the press in connection with a public issue or an issue of public interest; or

�� (b) Any oral statement made, or written statement or other document presented, regarding an incident of sexual assault committed against an individual, if the statement or document is made or presented in good faith and with an objectively reasonable belief that the incident of sexual assault occurred.

�� (3) A special motion to strike may not be made against a claim under this section against a person primarily engaged in the business of selling or leasing goods or services if the claim arises out of a communication related to the person�s sale or lease of the goods or services.

�� (4) A defendant making a special motion to strike under the provisions of this section has the initial burden of making a prima facie showing that the claim against which the motion is made arises out of a statement, document or conduct described in subsection (2) of this section. Except as provided in subsection (5) of this section, if the defendant meets this burden, the burden shifts to the plaintiff in the action to establish that there is a probability that the plaintiff will prevail on the claim by presenting substantial evidence to support a prima facie case. If the plaintiff meets this burden, the court shall deny the motion.

�� (5) In addition to the requirements of subsection (4) of this section, if the special motion to strike is against a claim of defamation and the defendant meets the initial burden of making a prima facie showing that the defamation claim arises out of a statement, document or conduct described in subsection (2)(b) of this section, the burden shifts to the plaintiff in the action to establish that there is a probability that the plaintiff will prevail on the claim by presenting substantial evidence to support a prima facie case, and that there is a probability that the defendant acted with malice in making the communication. If the plaintiff meets this burden, the court shall deny the motion.

�� (6) In making a determination under subsection (1) of this section, the court shall consider pleadings and supporting and opposing affidavits stating the facts upon which the liability or defense is based.

�� (7) If the court determines that the plaintiff has established a probability that the plaintiff will prevail on the claim:

�� (a) The fact that the determination has been made and the substance of the determination may not be admitted in evidence at any later stage of the case; and

�� (b) The determination does not affect the burden of proof or standard of proof that is applied in the proceeding. [Formerly 30.142; 2009 c.449 �1; 2023 c.71 �1; 2025 c.275 �2]

�� 31.152 Time for filing special motion to strike; discovery; attorney fees; voluntary dismissals; appeals. (1) A special motion to strike under ORS 31.150 must be filed within 60 days after the service of the complaint or, in the court�s discretion, at any later time. A hearing shall be held on the motion not more than 30 days after the filing of the motion unless the docket conditions of the court require a later hearing.

�� (2)(a) All discovery in the proceeding shall be stayed upon the filing of a special motion to strike under ORS 31.150. The stay of discovery shall remain in effect until entry of the judgment. The court, on motion and for good cause shown, may order that specified discovery be conducted notwithstanding the stay imposed by this subsection.

�� (b) During a stay under this subsection, the court may hear and rule on a motion for reasonable attorney fees and costs under subsection (3) of this section.

�� (c) A stay under this subsection does not affect a party�s ability voluntarily to dismiss a claim or part of a claim or move to sever a claim.

�� (d) During a stay under this subsection, the court for good cause may hear and rule on:

�� (A) A motion unrelated to the special motion to strike under ORS 31.150.

�� (B) A motion seeking a preliminary injunction to protect against an imminent threat to public health or safety.

�� (3) A defendant who prevails on a special motion to strike made under ORS 31.150 shall be awarded reasonable attorney fees and costs. If the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney fees to a plaintiff who prevails on a special motion to strike.

�� (4)(a) A voluntary dismissal without prejudice of a responding party�s claim, or part of a claim, that is the subject of a special motion to strike under ORS 31.150 does not affect a moving party�s right to obtain a ruling on the motion and seek attorney fees and costs under subsection (3) of this section.

�� (b) A voluntary dismissal with prejudice of a responding party�s claim, or part of a claim, that is the subject of a special motion to strike under ORS 31.150 establishes for the purpose of subsection (3) of this section that the moving party prevailed on the motion.

�� (5) A moving party may appeal as a matter of right from an order denying, in whole or in part, a special motion to strike under ORS 31.150. The appeal must be filed in accordance with ORS 19.205.

�� (6) The purpose of the procedure established by this section and ORS 31.150 and 31.155 is to provide a defendant with the right to not proceed to trial in cases in which the plaintiff does not meet the burden specified in ORS 31.150 (4). This section and ORS 31.150 and 31.155 are to be liberally construed in favor of the exercise of the rights described in ORS 31.150 (2). [Formerly 30.144; 2009 c.449 �3; 2023 c.71 �2]

�� 31.155 Exempt actions; substantive law not affected. (1) ORS 31.150 and 31.152 do not apply to an action brought by the Attorney General, a district attorney, a county counsel or a city attorney acting in an official capacity.

�� (2) ORS 31.150 and 31.152 create a procedure for seeking dismissal of claims described in ORS

ORS 311.232

311.232.

�� (2) If the proof required by subsection (1) of this section relates to state-appraised industrial property as defined in ORS 306.126 and is filed with the Department of Revenue within the time required by subsection (1) of this section, the proof shall be deemed timely filed with the assessor. [1959 c.246 �2; 1967 c.51 �2; 1971 c.284 �2; 1991 c.459 �56; 1993 c.270 �77; 1997 c.541 �118; 2015 c.36 �8]

(Temporary provisions relating to exemption or deferral for certain industrial improvements newly constructed or installed in rural area)

�� Note: Sections 1 to 7, chapter 112, Oregon Laws 2016, provide:

�� Sec. 1. (1) As used in sections 1 to 5, chapter 112, Oregon Laws 2016:

�� (a) �Eligible location� means land and improvements that are located in a rural area. �Eligible location� includes a location that has not formerly been used for industrial purposes.

�� (b) �Eligible property� means improvements classified as industrial under rules established by the Department of Revenue pursuant to ORS 308.215 (1)(a)(C), and associated personal property, whether appraised by the county or by the Department of Revenue, that:

�� (A) Are newly constructed or installed at an eligible location; and

�� (B) Have a cost of initial investment to the purchaser of at least $1 million and not more than $25 million.

�� (c) �Qualified property� means eligible property for which an application has been approved under section 2, chapter 112, Oregon Laws 2016.

�� (d) �Rural area� means an area located in unincorporated territory, or in a city with a population of less than 40,000, that is located entirely outside of the urban growth boundaries of any and all cities with populations of 40,000 or more, as the urban growth boundaries are acknowledged on the date on which an applicant submits an application for eligible property under section 2, chapter 112, Oregon Laws 2016.

�� (2)(a) The governing body of a city or county may adopt an ordinance or resolution granting a property tax exemption for eligible property located within the boundaries of the city or county, respectively.

�� (b) The terms of the exemption must conform to the provisions of sections 1 to 5, chapter 112, Oregon Laws 2016. In addition, an ordinance or resolution adopted under this subsection shall establish standards for the imposition of conditions described in section 2 (4), chapter 112, Oregon Laws 2016.

�� (3)(a) Qualified property must be:

�� (A) Owned or leased by the applicant filing the application under section 2, chapter 112, Oregon Laws 2016.

�� (B) Used through the final year of exemption for the purpose, and at the location, identified in the application filed under section 2, chapter 112, Oregon Laws 2016.

�� (b) The exemption:

�� (A) May be granted to eligible property only if the first assessment year to which the application filed under section 2, chapter 112, Oregon Laws 2016, relates is the first assessment year that begins after the eligible property was first placed in service; and

�� (B) Shall be granted only for qualified property that was first placed in service after the ordinance or resolution was adopted.

�� (4)(a) The exemption shall be granted as a 100 percent exemption of the real market value of the qualified property for any three out of five consecutive property tax years.

�� (b) Notwithstanding paragraph (a) of this subsection, the city or county may specify in the ordinance or resolution:

�� (A) A minimum cost of initial investment greater than $1 million.

�� (B) Any number of years not greater than five for which the exemption shall be granted.

�� (C) The percentage of the real market value of the qualified property granted exemption for each year.

�� (D) Different schedules in each property tax year for the years and percentages described in subparagraphs (B) and (C) of this paragraph, depending on the minimum costs of initial investment of the qualified property.

�� (5)(a) An ordinance or resolution adopted pursuant to this section may not take effect unless, upon request of the city or county that adopted the ordinance or resolution, the rates of taxation of the taxing districts whose governing bodies agree to grant the exemption, when combined with the rate of taxation of the city or county, equal 75 percent or more of the total combined rate of taxation on the qualified property.

�� (b) Upon the taking effect of the ordinance or resolution, the exemption shall apply to all property tax levies of all taxing districts in which qualified property is located.

�� (c) The decisions of the taxing districts under paragraph (a) of this subsection may not be changed but are not binding with respect to an ordinance or resolution adopted pursuant to subsection (6) of this section or a new ordinance or resolution adopted pursuant to subsection (2) of this section.

�� (d) All qualified property shall be granted exemption under this section, or deferral under section 3, chapter 112, Oregon Laws 2016, on the same terms provided in the ordinance or resolution adopted or amended by the city or county and in effect on the date the application is submitted under section 2, chapter 112, Oregon Laws 2016.

�� (6)(a) A city or county may adopt at any time an ordinance or resolution amending the terms of an exemption granted pursuant to this section or a deferral granted pursuant to section 3, chapter 112, Oregon Laws 2016, subject to approval of the taxing districts under subsection (5)(a) of this section, or terminating the exemption or deferral.

�� (b) Notwithstanding an ordinance or resolution adopted under paragraph (a) of this subsection, qualified property that has been granted an exemption pursuant to this section, or a deferral pursuant to section 3, chapter 112, Oregon Laws 2016, shall continue to receive the exemption or deferral under the terms in effect at the time the exemption or deferral was first granted.

�� (7) If a city or county proposes an ordinance or resolution providing for an exemption on terms other than the terms provided in subsection (4)(a) of this section, the ordinance or resolution may not take effect unless the governing body of the city or county, as applicable, receives testimony from the county assessor at a public hearing on the question regarding the cost and administration of the proposed terms of the exemption.

�� (8)(a) Qualified property granted an exemption pursuant to this section, or a deferral pursuant to section 3, chapter 112, Oregon Laws 2016, is not eligible for any other property tax exemption or special assessment.

�� (b) Otherwise eligible property that has received another property tax exemption or special assessment is not eligible for the exemption or deferral.

�� (c) Paragraphs (a) and (b) of this subsection do not apply to the exemption granted under ORS

ORS 311.235

311.235, there shall be added to the tax extended against the property on the next general property tax roll, to be collected and distributed in the same manner as the remainder of the real property tax, in full payment of all taxes and penalties accruing from the disqualification, the sum of the following:

�� (a) Additional taxes equal to the difference between the total amount of taxes that would have been due on the property for each year, not to exceed the last 10 years, in which special assessment under ORS 358.505 was in effect for the property (even though erroneously) and the taxes that would have been due had special assessment not been in effect;

�� (b) An amount equal to the sum of the interest on each year�s additional taxes computed under ORS 311.505 from November 15 of the tax year for which additional taxes are being added to July 1 of the tax year of disqualification; and

�� (c) An additional penalty of 15 percent of the amount in paragraph (a) of this subsection.

�� (3) Prior to adding to the tax extended against the property on the next general property tax roll any additional amount imposed by subsection (1) or (2) of this section, in the case of disqualification pursuant to ORS 358.515 (1)(f) to (k), the assessor shall notify the owner of the property by mail, return receipt requested, of the disqualification.

�� (4) Additional tax or penalty may not be imposed under subsection (1) or (2) of this section in the case of property disqualified pursuant to:

�� (a) ORS 358.515 (1)(a), (b), (c) or (d); or

�� (b) ORS 358.515 (1)(e) if the written notice is accompanied by proof that the owner has complied with the expenditure commitment under the preservation plan as described in ORS 358.487 (2)(a).

�� (5) The amount determined to be due under subsection (1) or (2) of this section may be paid to the tax collector prior to the completion of the next general property tax roll, pursuant to ORS 311.370.

�� (6) Additional taxes collected under this section shall be deemed to have been imposed in the year to which the additional taxes relate.

�� Note: See second note under 358.475.

�� 358.526 [2001 c.540 �12b; repealed by 2009 c.892 �20]

(Change of Classification)

�� 358.528 Application for change from historic property special assessment to another program to be acted upon unless withdrawn. When any property has been classified and specially assessed as historic property under ORS 358.480 to 358.545 and the owner or the owner�s legal representative applies for a change in the classification under another special assessment program, the applicant shall have 30 calendar days following the filing of the application within which to withdraw the application, by giving written notice to the public official or agency to whom the applicant applied for the change in classification. If no notice of withdrawal is given by the applicant, the application shall be acted upon and the change in classification made, as otherwise provided by law. [1999 c.314 �48; 2001 c.540 �13; 2009 c.892 �16; 2025 c.209 �11]

�� Note: The amendments to 358.528 by section 11, chapter 209, Oregon Laws 2025, apply to applications for classification and special assessment under 358.480 to 358.545 filed on or after September 26, 2025, for property tax years beginning on or after July 1, 2026. See section 22, chapter 209, Oregon Laws 2025. The text that applies to applications for classification and special assessment under 358.480 to 358.545 filed before September 26, 2025, for property tax years beginning before July 1, 2026, is set forth for the user�s convenience.

�� 358.528. When any property has been classified and specially assessed as historic property under ORS 358.480 to

ORS 311.250

311.250.

�� (3) If, in a proceeding commenced under ORS 305.585, the tax court finds that a tax, fee, charge or assessment is not subject to the limits of section 11 or 11b, Article XI of the Oregon Constitution, the tax court may order such relief as it considers appropriate, but such relief shall have prospective effect only. In cases involving local government units, a copy of the tax court�s order shall be served upon the assessor of the county or counties in which the local government unit is located at the same time the order is served upon the parties. The assessor shall not be required to recompute the amount of tax due from any property or property owner with respect to the tax, fee, charge or assessment that is the subject of the order for any tax year for which a tax statement has been delivered under ORS 311.250.

�� (4) For purposes of this section, taxes, fees, charges or assessments are deemed imposed when the statement or bill for the taxes, fees, charges or assessments is mailed.

�� (5) In the case of a question concerning the authorized uses of the proceeds of bonded indebtedness, the tax court shall construe the provisions of the measure authorizing the bonded indebtedness and the use of the proceeds liberally to allow the government unit to provide the facilities or services approved by the voters.

�� (6) If, in a proceeding commenced under ORS 305.583, the regular division of the tax court finds that a use of the proceeds of bonded indebtedness is not authorized by the applicable law, the tax court may prohibit the expenditure or proceed in accordance with ORS 305.586. [1991 c.459 �26b; 1993 c.270 �20; 1997 c.541 �84; 1999 c.340 �11; 2003 c.195 �21]

�� 305.589 Judicial declarations; petition by local government; notice; intervention; appeal; remedies; costs. (1) A local government unit or an association of local government units acting for the common benefit of and on behalf of consenting members may petition the regular division of the Oregon Tax Court for a judicial declaration of the court concerning a question described in ORS 305.580.

�� (2) Notice of the commencement of a proceeding under this section shall be given by the petitioner or petitioners by publication of notice directed to all electors, taxpayers and other interested persons, without naming such electors, taxpayers or other interested persons individually. The notice shall be published at least once a week for three successive weeks in a newspaper of general circulation within the boundaries of the local government unit and each of the consenting members of the association of local government units, if any, or if no such newspaper is published therein, then in a contiguous county.

�� (3) The petitioner or petitioners may elect to give further notice to affected electors, taxpayers and other interested persons, or the court may order such further notice as the court considers practicable.

�� (4) The action authorized by this section shall be a special proceeding in the nature of an ex parte proceeding in the absence of the intervention of a respondent in opposition to the petition.

�� (5) Jurisdiction of the local government unit and of consenting members of an association of local government units shall be obtained by filing of the petition. Jurisdiction over the electors, taxpayers and other interested persons shall be complete 10 days after the date of completing publication of the notice provided for in subsection (2) of this section, or giving of any further notice as provided for in subsection (3) of this section. Jurisdiction of any other party shall be obtained by appearance of any interested person who seeks and is granted leave to intervene in the proceeding.

�� (6)(a) Any elector, taxpayer or interested person or local government unit that may be affected by the tax, fee, charge or assessment that is the subject of the petition may intervene as a petitioner or respondent by filing the appropriate appearance.

�� (b) Any elector, taxpayer or interested person or local government unit that may be affected by the use of the proceeds of the bonded indebtedness or a person that is subject to a tax, fee, charge or assessment that is pledged to secure or available for payment of the bonded indebtedness that is the subject of the petition may intervene as a petitioner or respondent by filing the appropriate appearance.

�� (7) Any party to a proceeding commenced under this section, including a consenting member of an association of local government units that was a party to the proceeding, may appeal from the judgment rendered by the tax court to the Oregon Supreme Court in the manner provided for appeals from other decisions of the tax court under ORS 305.445.

�� (8)(a) If, in a proceeding commenced under this section, the court finds that a tax, fee, charge or assessment is subject to the limits of section 11b, Article XI of the Oregon Constitution, the court may order such relief as it considers appropriate, but such relief shall be prospective only.

�� (b) If, in a proceeding commenced under this section, the court finds that a use of the proceeds of bonded indebtedness is not authorized, the tax court may prohibit the expenditure or proceed in accordance with ORS 305.586.

�� (9) Costs of the proceeding may be allowed and apportioned between the parties in the discretion of the court.

�� (10) As used in this section:

�� (a) �Association of local government units� means an association, or any other lawful organization, composed of member local government units organized for the mutual benefit of such local government units.

�� (b) �Consenting member� means a member of an association of local government units who affirmatively consents, through filing of a consenting certificate with the tax court, to the commencement of a proceeding under this section.

�� (c) �Local government unit� means any unit of local government, including a city, county, incorporated town or village, school district, any other special district, or any other municipal or quasi-municipal corporation, intergovernmental authority created pursuant to ORS 190.010, a district as defined in ORS 198.010, 198.180 and 198.210 or an urban renewal agency established under ORS 457.035. [1991 c.459 �27; 1993 c.270 �21; 1999 c.340 �12; 2003 c.195 �22; 2003 c.576 �250; 2005 c.22 �226]

�� 305.591 Court determination that 1990 Measure 5 tax limit is inapplicable; collection of tax; appeal; stay denied. (1) If a court of competent jurisdiction determines that all or any part of section 11b, Article XI of the Oregon Constitution does not apply to a tax on property, the court may order the assessor, tax collector or other appropriate public official to impose or collect that tax without regard to that portion of section 11b, Article XI of the Oregon Constitution the court determines to be inapplicable.

�� (2) When so ordered by a court, the assessor, tax collector or other public official shall take all necessary action to impose or collect the tax in compliance with the order of the court.

�� (3) Appeal of a decision of a court that all or any part of section 11b, Article XI of the Oregon Constitution does not apply to any tax shall not operate to stay any order of the court directing a public official to collect the tax without regard to the provisions of all or part of section 11b, Article XI of the Oregon Constitution. [1991 c.459 �28]

INTERGOVERNMENTAL TAX RELATIONS

(Federal and Other States)

�� 305.605 Application of tax laws within federal areas in state. Where not inconsistent with the Constitution and laws of the United States, notwithstanding any provision of any other statute of this state, the laws of this state relating to the imposition and collection of taxes shall apply with respect to any property located, any sale, use or transaction occurring, any income arising, or any person residing within any federal area situated within the exterior boundaries of this state. [Formerly 306.240]

�� 305.610 Reciprocal recognition of tax liability; actions in other states for Oregon taxes. (1) The courts of Oregon shall recognize and enforce the liability for taxes lawfully imposed by the laws of any other state which extends a like comity in respect of the liability for taxes lawfully imposed by the laws of this state. The officials of such other state may bring action in the courts of this state for the collection of such taxes. The certificate of the Secretary of State of such other state that such officials have the authority to collect the taxes sought to be collected by such action shall be conclusive proof of that authority.

�� (2) The Attorney General of Oregon, and collection agencies when employed as provided by ORS

ORS 311.639

311.639 or otherwise;

�� (b) Has completed reasonable diligence with respect to:

�� (A) The information included on the disclosure notice required under ORS 311.639, or can attest that the seller failed to provide the disclosure notice; and

�� (B) Any other relevant facts that the person knew or should have known about the transaction;

�� (c) Has searched and found no warrant for delinquent property taxes on the property recorded in the County Clerk Lien Record of the county in which the property is located at the time of the purchase transaction or of any other county in which the person, at the time of the purchase transaction, knew or should have known the property was previously located; and

�� (d) Has searched the Secretary of State�s Uniform Commercial Code system within three business days before the date of the purchase transaction and found no unsatisfied warrant for delinquent property taxes on the property, as evidenced by a screen printout of the search results.

�� (3) For purposes of ORS 311.635, a bona fide purchaser is not liable for property taxes that were delinquent on the date of the purchase transaction in which the bona fide purchaser acquired the business personal property or for interest or fees related to the delinquent property taxes.

�� (4)(a) Upon receipt of sufficient information to determine that a purchaser of business personal property on which delinquent property taxes are outstanding is a bona fide purchaser, a tax collector shall release the lien for the taxes with respect to the property that was the subject of the purchase transaction.

�� (b) The release of the lien does not affect:

�� (A) The personal liability of the owner, or person in possession or control of the property, at the time the property was assessed, arising under ORS 311.455.

�� (B) The lien on property, other than the property that was the subject of the purchase transaction, arising under ORS 311.405 (3). [2015 c.444 �6]

�� 311.642 Compromise property tax payment from purchaser of business personal property; release of lien; total amount of taxes remains personal liability of taxpayer at time of assessment; refund to purchaser. (1)(a) The tax collector of a county may accept from a purchaser of business personal property on which property taxes were delinquent on the date of the purchase transaction a compromise payment that is less than the total outstanding amount of taxes, interest and fees.

�� (b) The amount of the compromise payment must be equitable in consideration of all the facts and circumstances of the transaction in which the purchaser acquired the property.

�� (2) Upon receipt of the compromise payment, the tax collector shall release the lien for the taxes on the business personal property that was the subject of the purchase transaction.

�� (3) Notwithstanding receipt of a compromise payment under this section, the total outstanding amount described in subsection (1)(a) of this section, without reduction for the amount of the compromise payment, remains as:

�� (a) A personal liability of the owner, or person in possession or control of the property, at the time the property was assessed, arising under ORS 311.455.

�� (b) A lien on property, other than the property that was the subject of the purchase transaction, arising under ORS 311.405 (3).

�� (4)(a) If the total outstanding amount described in subsection (1)(a) of this section is paid after receipt of a compromise payment, the amount of the compromise payment shall be refunded to the purchaser.

�� (b) Upon receipt of the total outstanding amount described in subsection (1)(a) of this section, the tax collector shall notify the governing body of the county that a refund is due under this subsection. The refund shall be made without interest in the manner provided in ORS 311.806. [2015 c.444 �7]

(Miscellaneous)

�� 311.644 Seizure and sale of personal property or real property machinery and equipment for delinquent property tax; notice. (1) As used in this section, �property� is limited to personal property and machinery and equipment that is characterized by the county assessor as real property machinery and equipment and that is described in ORS 308.115 (3).

�� (2)(a) Each year, the tax collector may collect taxes on property that are delinquent by seizure and sale of any of the following property:

�� (A) The property assessed.

�� (B) The taxable property belonging to or in the possession or control of the person assessed.

�� (b) No property that is subject to taxation shall be exempt from seizure and sale for the payment of property taxes imposed on personal property or real property machinery and equipment.

�� (3)(a) Immediately upon taking the property into possession, the tax collector shall:

�� (A) Notify, by mail, the owner, or person in possession or control of the property at the time of the seizure. If the name and address of the owner or the person in control or possession of the property is unknown to the tax collector, the tax collector shall notify the person to whom the property was assessed at the address noted upon the tax roll. If the property was not assessed, and the owner or person in possession or control of the property at the time of the seizure is unknown to the tax collector, no notice need be given under this subparagraph.

�� (B) Notify, by mail, all security interest holders and other encumbrancers of record, at their addresses as shown in the records of encumbrance. If no addresses appear in the records of encumbrance, no mailing is required under this subparagraph.

�� (C) Advertise the seized property for sale by posting written or printed notices of the time and place of sale in three public places in the county not less than 10 days prior to the sale. Failure to give or post the notices required by this paragraph shall not invalidate the sale. However, the owner, encumbrancer or other injured person shall have recourse against the tax collector for damages.

�� (b) The notice under paragraph (a) of this subsection shall:

�� (A) Describe the personal property or real property machinery and equipment seized.

�� (B) State the total amount of property taxes due and delinquent on personal property or real property machinery and equipment, the date of delinquency, the rate of interest and the date the interest begins to run.

�� (C) State that if the property taxes, interest, penalties and costs are not paid the property will be sold at public vendue, and the date and hour of sale.

�� (D) State either that the property seized is the property assessed or is property assessed as the same category, or that the property seized is distrained under ORS 311.405 (3)(a)(B).

�� (c) If payment of the property taxes, interest, penalties and costs is made before the time fixed for sale, the tax collector shall release the seized property.

�� (d) If any person disputes the statements contained in the notice described in this subsection or the property tax lien priority, the burden of proving the statements contained in the notice or the priority of the property tax lien shall be on the tax collector.

�� (e) If it is determined that the seized property is exempt or nontaxable or that the taxpayer has no interest in the property, or that the taxes on that property have been paid, the tax collector shall release the property. However, if it is determined that the taxpayer has an interest in the property and that the property is taxable and is not exempt from seizure and sale, the tax collector shall proceed to sell the property at public vendue unless the taxes are paid as provided in paragraph (c) of this subsection.

�� (4) At the sale the person offering to pay the amount of taxes, interest and penalties due on the property for the least quantity of the property shall be the purchaser of that quantity, and the remainder of the property shall be discharged from the lien. If no bidder at the sale offers to pay the amount due against the property at the time set for the sale or at any adjournment of the sale, title to the property shall immediately vest in the county free and clear of all liens and encumbrances. Thereafter, the county governing body may sell the property, or any part of the property, at private sale, without further notice, for a price and on such terms as the governing body considers reasonable. Any sale shall be absolute and without right of redemption.

�� (5) If the amount realized on the sale is in excess of the amount of taxes, interest, penalties and costs due on the property, the excess shall be repaid to the person charged with the taxes, interest, penalties and costs. However, if the property is subject to a judgment, mortgage, security interest or other lien or encumbrance of record, the excess shall be paid over to the holder or holders of the judgment, mortgage, security interest or other lien or encumbrance as the interest of the holder or holders may appear. [Formerly 311.640]

�� 311.645 Charging personal property taxes against real property. (1) Whenever, after delinquency, in the opinion of the tax collector, it becomes necessary to charge taxes on personal property against real property in order that the personal property taxes may be collected, the tax collector shall select for the purpose some particular tract or lots of real property owned by the person, firm, corporation or association owing the personal property taxes and shall note on the tax roll opposite the tract or lots selected the taxes on the personal property. Thereafter, the personal property taxes shall be a lien on the real property selected and shall be enforced in the same manner as other tax liens on real property. The notation of the lien, with the date thereof, shall be entered on the tax roll. Unless the notation and date are entered on the roll, the lien shall be of no force or effect.

�� (2) Subsection (1) of this section shall not be applicable to real property as to which all of the following conditions exist:

�� (a) The property is owned as tenants by the entirety by a member of a partnership and the spouse of the member who is not a member of the partnership.

�� (b) The property is used as the personal residence of the spouse.

�� (c) The partner contributed no part of the consideration in the transaction which vested an ownership interest in the spouse.

�� (d) The delinquent personal property taxes for which a lien is sought under subsection (1) of this section are the taxes of the partnership and not of the spouse.

�� (3) Any lien upon real property described in subsection (2) of this section is void and of no effect.

�� (4) Any lien upon property described in subsection (2) of this section existing on August 22, 1969, or which may hereinafter be imposed, shall be extinguished, set aside and held for naught upon the verified petition of the spouse to the county commissioners and proof by the spouse of the requirements described in subsection (2) of this section. Upon approval of the petition, the county commissioners shall order the necessary correction to be made in the tax rolls. [Amended by 1969 c.701 �1; 2001 c.753 �1]

�� 311.650 Collection of taxes on real property of the United States held under contract of sale, lease or other interest less than fee. In addition to all other remedies available for the collection of taxes, all taxes levied in any year against real property held under contract of sale, lease or other interest less than fee, as provided in ORS 307.050 and 307.060, shall be a debt due and owing from the person, corporation or association holding the property as of the date of delinquency for taxes on real property for the tax year. If the tax is not paid within one year from such date, the county within which the real property is located may institute for itself, the State of Oregon and all other municipal corporations sharing in such taxes, an action for the collection of the taxes, together with interest, costs and other lawful charges thereon. At the time of commencement of the action the county shall have the benefit of all laws of this state pertaining to provisional remedies against the properties either real or personal, of the person, corporation or association.

�� 311.651 Collection of taxes on real property of public entity held under leasehold or other interest less than fee; writs of attachment. (1) As used in this section, �property interest� means a leasehold interest, or other interest or estate less than a fee simple.

�� (2) Ad valorem property taxes assessed on real property pursuant to ORS 307.060 or 307.110, in addition to being a lien on the real property under ORS 311.405, are a personal liability of the person whose property interest in the real property gives rise to taxation under ORS 307.060 or 307.110.

�� (3) If taxes assessed under ORS 307.060 or 307.110 are not paid before they become delinquent or before the termination of the property interest giving rise to taxation, the county in which the real property is located may, in addition to the remedies provided by statute for the collection of taxes on real property, maintain an action for itself, and for all other municipal corporations, taxing districts or political subdivisions sharing in the taxes, against the person described in subsection (2) of this section for the collection of the taxes, together with interest, penalties, costs and other lawful charges on the taxes.

�� (4)(a) At the time of the commencement of an action for the collection of taxes pursuant to subsection (3) of this section, the county shall have the benefit of all the laws of this state pertaining to provisional remedies against the real and personal property of the person owing the taxes, without the necessity of filing either an affidavit or undertaking, as otherwise provided by statute.

�� (b) The county clerk of the county in which the action is commenced shall immediately issue writs of attachment on application by the tax collector or the district attorney for the county as plaintiff. The writs shall be directed to the sheriffs of as many counties as the tax collector or the district attorney directs. [2015 c.52 �1]

�� Note: 311.651 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 311 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 311.655 Companies assessed by Department of Revenue; tax as debt; lien for taxes; action for collection; warrant for payment. (1) Except as provided in ORS 308.640 and 308.820, all taxes assessed and levied against the properties, both real and personal, of companies specified in ORS 308.515 shall be a debt due and owing from such companies and shall constitute a lien as of July 1 of the year of assessment on all the real and personal property of such companies within this state. Such taxes shall become delinquent whenever any specified installment is not paid on or before its due date as provided in ORS 311.505.

�� (2) Whenever taxes so assessed and levied against any of such companies are not paid before the date of delinquency thereof, the county in which the taxes are due and owing immediately shall institute for itself, the State of Oregon, and all other municipal corporations sharing in the taxes, an action to collect the taxes, together with interest, penalties, costs and other lawful charges thereon. At the time of commencement of the action the county shall have the benefit of all laws of this state pertaining to provisional remedies against the properties, either real or personal, of such company or companies, without the necessity of filing either an affidavit or undertaking, as otherwise provided by law. The county clerk of the county where the action is commenced shall immediately issue writs of attachment and garnishment on application by the district attorney of the county. The writs shall be directed to the sheriffs of as many counties as the district attorney deems necessary. The Department of Revenue immediately shall be notified of the tax delinquency of the company and of the commencement of the action.

�� (3) If the defendant in an action commenced pursuant to subsection (2) of this section operates or has properties in more than one county in the state, the Department of Revenue shall be made a party plaintiff in the action. If taxes so assessed and levied against the defendant by any other county of the state are also delinquent, such county or counties shall also be made parties plaintiff in the action.

�� (4) At any time after delinquency the tax collector of any county in which personal property taxes are due and owing may in addition to the county�s right to commence an action as provided in subsection (2) of this section, issue a warrant to enforce payment thereof in the manner provided for in ORS 311.610 and 311.620 and cause the warrant to be filed as provided in ORS 311.625. [Amended by 1957 c.628 �10; 1971 c.378 �1; 1979 c.703 �9; 1997 c.154 �48]

�� 311.656 Notice to tax collector on foreclosure of security interest or lien on taxable personal property or real property machinery and equipment; effect if taxes due. (1) No security interest in, or other lien upon, taxable personal property or real property machinery and equipment shall be foreclosed by the sale of the property unless the secured party, an agent or the attorney for the secured party, at least five days before the date of the sale, has mailed or delivered to the tax collector of the county in which the sale is to be held, a copy of the notice of the foreclosure sale. The notice shall be mailed to the tax collector, return receipt requested, and shall contain a list of the personal property or real property machinery and equipment to be sold, together with the name and address of the owners of the property. Failure to mail or deliver the notice shall not invalidate the sale, but the tax collector shall have recourse against the secured party on behalf of the taxing units for any damages sustained on account of failure to mail or deliver the notice.

�� (2) Upon receipt of the notice under subsection (1) of this section, the tax collector shall determine if the owner of the property has paid the property taxes and if the tax collector finds that the taxes are due and owing, the tax collector, unless the taxes are paid upon demand, shall distrain the property under ORS 311.644, or so much of the property as may be necessary to pay the taxes, interest, penalties and costs. No transfer of personal property or real property machinery and equipment to the secured party or to the holder of a lien on the property in any way shall affect the lien for property taxes assessed against the property. [1981 c.346 �12; 2001 c.41 �5]

COLLECTION OF ANY STATE PROPERTY TAX APPORTIONED TO COUNTIES

�� 311.657 Transcript of apportionment to counties; notice of levy. Upon the filing of the certificate as to the amount of revenue to be raised for state purposes and apportionment of a levy, as required by ORS 291.445, the Oregon Department of Administrative Services shall immediately transmit an accurate transcript of the apportionment, if any, to the county clerks and county assessors of the several counties. The transcript shall be considered by the county assessors as a notice of levy. [Formerly 309.530; 1991 c.220 �2]

�� 311.658 Collection, payment of state levy; informing State Treasurer of state levy for bonded indebtedness and interest; rules. (1) Each of the several counties shall collect and pay over as required by law the amount apportioned as provided under ORS

ORS 311.644

311.644. [Amended by 1973 c.305 �7; 1981 c.346 �8; 2001 c.41 �1]

�� 311.473 Foreclosure sale of property to be removed from county; required notice by financial institution; recourse for failure to give notice. (1) Any financial institution, as defined in ORS 317.010, or agent or representative of a financial institution, that, in the process of foreclosing any security interest or other lien on taxable personal property, including property classified as real property machinery and equipment, or after the lien is foreclosed, causes the property to be removed, or is knowledgeable that the property will be removed by another after the foreclosure sale, from the county in which the property is assessed or seized, shall notify the tax collector of that county prior to the removal. The notice shall be mailed to the tax collector, return receipt requested, and shall contain a description of the property that is the subject of the foreclosure, together with the name and address of the owner or owners of the property.

�� (2) Failure to give the notice required under subsection (1) of this section shall not affect the foreclosure, but the tax collector shall have recourse against the financial institution on behalf of the taxing units for any damages sustained on account of failure to mail the notice. [1987 c.312 �2; 2001 c.41 �2]

�� 311.475 Collecting and remitting taxes on property removed from one county to another. If personal property, including property classified as real property machinery and equipment, on which taxes are due and unpaid has been removed from one county to another county of this state, the tax collector of the county from which the property was removed shall certify a statement of the taxes, with interest and penalties, to the tax collector of the county to which the property was removed. The statement shall contain a transcript of so much of the tax roll as relates to the property and the owner thereof. The tax collector receiving the certified statement shall have the same power to collect the taxes, with interest, penalties and costs thereon, as the tax collector has to collect taxes levied on personal property assessed in the tax collector�s own county. The tax collector making the collection immediately shall remit the amount collected, less the costs, to the tax collector from whom the statement and certified transcript was received, together with a statement showing in detail the respective amounts of taxes, interest, penalties and costs collected. [Amended by 2001 c.41 �3]

(Bankruptcy Collections)

�� 311.480 Property tax due upon bankruptcy; presenting claim. If a tax has been levied against real or personal property, and thereafter and prior to the date the tax becomes due and payable, the person against whom the tax is charged files a petition in bankruptcy, or is adjudged a bankrupt upon an involuntary proceeding, the tax shall become immediately due. The tax collector of the county where the tax was levied shall prepare and present to the bankruptcy court proof of claim of the county for the tax. [Amended by 1995 c.780 �4; 2003 c.190 ��6,7; 2007 c.537 �2]

�� 311.484 Property tax bankruptcy account. (1) A county may establish a property tax bankruptcy account. The account shall consist of interest earned on the account and moneys deposited into the account by the tax collector from taxes and any related penalties, but excluding interest, that are:

�� (a) Due under ORS

ORS 311.688

311.688.

�� (3) The individual claiming the deferral, individually or jointly, must own the fee simple estate under a recorded instrument of sale, or two or more individuals together must own the fee simple estate with rights of survivorship under a recorded instrument of sale if all owners live in the property and if all owners apply for the deferral jointly.

�� (4)(a) The homestead must be insured for fire and other casualty.

�� (b) If the homestead meets all other requirements of this section and is insurable for fire and other casualty but not insured, the Department of Revenue may purchase insurance for the homestead and add the cost of the insurance coverage to a lien created under ORS 311.679.

�� (5) There may be no prohibition to the deferral of property taxes contained in any provision of federal law, rule or regulation applicable to a mortgage, trust deed, land sale contract or conditional sale contract for which the homestead is security.

�� (6) A homestead is not eligible for deferral under ORS 311.666 to 311.701 unless the real market value of the homestead entered on the certified assessment and tax roll for the property tax year immediately preceding the property tax year for which the taxes will be deferred is less than the greater of $250,000 or:

�� (a) 150 percent of county median RMV if, as of April 15 of the year in which a claim is filed, the taxpayers have continuously owned and occupied the homestead less than 17 years.

�� (b) 160 percent of county median RMV if, as of April 15 of the year in which a claim is filed, the taxpayers have continuously owned and occupied the homestead at least 17 years but less than 19 years.

�� (c) 170 percent of county median RMV if, as of April 15 of the year in which a claim is filed, the taxpayers have continuously owned and occupied the homestead at least 19 years but less than 21 years.

�� (d) 200 percent of county median RMV if, as of April 15 of the year in which a claim is filed, the taxpayers have continuously owned and occupied the homestead at least 21 years but less than 23 years.

�� (e) 225 percent of county median RMV if, as of April 15 of the year in which a claim is filed, the taxpayers have continuously owned and occupied the homestead at least 23 years but less than 25 years.

�� (f) 250 percent of county median RMV if, as of April 15 of the year in which a claim is filed, the taxpayers have continuously owned and occupied the homestead for 25 years or more.

�� (7)(a) For each tax year beginning on or after July 1, 2022, the Department of Revenue shall recompute the $250,000 minimum cap on allowable real market value provided under subsection (6) of this section as follows:

�� (A) Divide the average Consumer Price Index for All Urban Consumers, West Region, for the first six months of the current calendar year by the average Consumer Price Index for All Urban Consumers, West Region, for the first six months of 2021.

�� (B) Recompute the minimum cap on allowable real market value by multiplying $250,000 by the appropriate indexing factor determined under subparagraph (A) of this paragraph.

�� (b) Any change in the minimum cap on allowable real market value determined under paragraph (a) of this subsection shall be rounded to the nearest multiple of $500.

�� (8) For purposes of subsection (6) of this section, a surviving spouse or disabled heir who is eligible to claim continuation of deferral under ORS 311.688 is considered to have owned and occupied the homestead from the date on which the deceased individual or individuals who filed the claim for deferral first owned and occupied the homestead. [1963 c.569 �9; 1965 c.344 �37; 1977 c.160 �3; 1983 c.550 �3; 1985 c.140 �3; 2011 c.723 �3; 2015 c.309 �1; 2021 c.535 �3; 2025 c.449 �2]

�� 311.672 Claim form; deadline; eligibility determination by Department of Revenue; effect of eligibility; limitation on number of new deferrals granted; appeals. (1)(a) A taxpayer�s claim for deferral under ORS 311.666 to 311.701 must:

�� (A) Be in writing on a form supplied by the Department of Revenue;

�� (B) Describe the homestead;

�� (C) Recite all facts establishing the eligibility, as of the earlier of the date of filing or April 15 immediately preceding the property tax year for which deferral is claimed, of the homestead for, and of the taxpayers to claim, the deferral; and

�� (D) Have attached:

�� (i) Any documentary proof required by the department; and

�� (ii) A statement verified by a written declaration of all taxpayers claiming deferral to the effect that the statements contained in the claim are true.

�� (b) A claim for deferral must be filed with the assessor of the county in which the homestead is located, after January 1 and on or before April 15 immediately preceding the property tax year for which deferral is claimed.

�� (c) Notwithstanding paragraph (b) of this subsection, a claim for deferral may be filed with the county assessor after April 15 immediately preceding the property tax year for which deferral is claimed and on or before December 1 of the same calendar year. A claim filed under this paragraph must be accompanied by a fee in an amount equal to 10 percent of the property taxes assessed on the homestead on the last certified assessment and tax roll, but in no event less than $20 or greater than $150.

�� (d) For applications for deferral for each property tax year beginning on or after July 1, 2023, the department shall recompute the upper and lower fee limits set forth in paragraph (c) of this subsection as follows:

�� (A) Divide the average Consumer Price Index for All Urban Consumers, West Region, for the first six months of the calendar year immediately preceding the calendar year in which the application is filed by the average Consumer Price Index for All Urban Consumers, West Region, for the first six months of 2021.

�� (B) Multiply each fee limit set forth in paragraph (c) of this subsection by the quotient determined under subparagraph (A) of this paragraph.

�� (C) Round each fee limit determined under subparagraph (B) of this paragraph to the nearest multiple of $10, but in no event to less than $20.

�� (2) The county assessor shall forward each claim filed under this section to the Department of Revenue, and the department shall determine whether the property is eligible for the deferral.

�� (3) If the taxpayers and the homestead are determined to be eligible under ORS 311.668 and

ORS 311.806

311.806.

�� (8)(a) Upon application of the taxpayer, the assessor may waive the liability for property tax late filing penalties under this subsection if the taxpayer:

�� (A) Has never filed a personal property tax return in this state;

�� (B) Has failed to file a property tax return for one or more consecutive years;

�� (C) Has not previously received relief from property tax late filing penalties under this subsection; and

�� (D) Files an application for relief from property tax late filing penalties that satisfies the requirements of paragraph (b) of this subsection.

�� (b) An application for relief from property tax late filing penalties shall include a statement by the taxpayer setting forth the basis for relief from property tax late filing penalties and a statement under oath or affirmation that the basis for relief from property tax late filing penalties as stated in the application is true.

�� (c) The county assessor may allow the application for relief from property tax late filing penalties if the assessor finds the reasons given by the taxpayer in the application are sufficient to excuse the failure to file the property tax returns at issue in the application. If the assessor allows the application, the assessor may deny or grant relief from property tax late filing penalties in whole or in part. The determination of the assessor whether to grant the application or deny the application in whole or in part and whether to permit the taxpayer to pay the owing tax penalties, if any, in installments is final. The assessor shall notify the taxpayer of the decision.

�� (d) Nothing in this subsection affects the obligation of the taxpayer to file property tax returns or to pay property taxes owing from the current or delinquent tax years. [1997 c.819 �5; 1999 c.655 �1; 2001 c.303 �3; 2001 c.925 �14; 2003 c.63 �3; 2007 c.451 �2; 2007 c.824 �3; 2015 c.38 �4; 2023 c.29 �15]

�� 308.297 Personal property returns to note penalty for delinquency. Any personal property tax return form given to a taxpayer by an assessor or the Department of Revenue shall contain within it a printed notice, or be accompanied by a printed notice, of the penalty, for delinquency in filing a personal property tax return. [1967 c.405 �2; 1985 c.604 �7]

�� 308.300 Penalty for neglecting to file real property or combined return with intent to evade taxation. (1) Except as provided in subsection (2) of this section, any person, managing agent or officer who, with intent to evade taxation, refuses or neglects to make any return required by ORS 308.290 and to file it with the assessor or the Department of Revenue within the time specified shall be subject to a penalty of $10 for each day of the continuance of such refusal or neglect. Such penalty may be recovered in a proper action brought in the name of the county in any court of competent jurisdiction or as provided for a penalty for delinquency.

�� (2) This section does not apply to the failure to file a personal property return. [Amended by 1991 c.459 �109; 1997 c.819 �7; 2015 c.38 �5]

�� 308.302 Disposition of penalties. All penalties collected pursuant to ORS 308.030, 308.295, 308.296 or 308.300 shall be credited to the general fund of the county. [1953 c.49 �2; 1977 c.884 �31; 1999 c.655 �4]

�� 308.305 [Repealed by 1955 c.610 �1]

�� 308.309 [1955 c.488 �1; 1957 c.541 �1; 1959 c.81 �1; renumbered 321.955]

�� 308.310 When list of persons issued electrical permits supplied. The Electrical and Elevator Board in the Department of Consumer and Business Services shall furnish any county assessor upon request a complete list of those persons who have been issued electrical permits in such county within one year of the date of the request, together with the location of the electrical installations requested thereby. The board shall have 30 days to prepare the list after the board has received the request. [Amended by 1983 c.740 �88; 1987 c.414 �149; 1993 c.744 �107]

�� 308.315 [Repealed by 1955 c.610 �1]

�� 308.316 Examining witnesses, books and records; reference of matter to department upon failure to produce records or testify. (1) The county assessor, for the purpose of ascertaining the correctness of any assessment or for the purpose of making any assessment, and the officer having possession of the roll, for the purpose of discovering any omitted value or property under ORS 311.216 to 311.232, may examine or cause to be examined by any agent or representative designated by the assessor or officer any books, papers, records or memoranda bearing on the value, possession, ownership or location of any property, and may require the attendance of the taxpayer or any other person having knowledge in the premises. The assessor may administer oaths to such persons, take their testimony, and require proof material to the information requested. Examination shall be made and testimony taken during regular business hours at the taxpayer�s or person�s place of business in the county, or at another place convenient to the parties.

�� (2) If any person fails to permit the examination of any books, papers or documents considered by the assessor to be pertinent to the investigation or inquiry being made, or to testify to any matter in the premises, the assessor shall refer the matter to the Department of Revenue, stating in full the facts governing the request and refusal. The department may require the assessor to present additional facts, or the department may conduct other inquiries necessary to a consideration of the matter. If the department finds that the examination should be made or the testimony taken, it shall take any action it considers appropriate under the powers granted to it by law, including the subpoenaing and examination of witnesses, books and papers pursuant to ORS 305.190, to the end that the property under consideration is ratably assessed according to law.

�� (3) For the purposes of this section the words �county assessor� or �assessor� mean both the county assessor and the officer described in ORS 311.216 to 311.232 having possession of the roll. [1955 c.610 �2; 1981 c.804 �51]

�� 308.320 Oath of assessor upon completion of assessment roll. (1) Every county assessor, at the time of the completion of the assessment roll, shall take and subscribe to an oath in substantially the following language and form:

State of Oregon�� )

�� )�� ss.

County of ______�� )

�� I, _____, being the duly elected, qualified and acting assessor of the above-named county, do solemnly swear that I have diligently and to the best of my ability assessed all property in said county, which by law I am permitted to assess; that I have not willfully or knowingly omitted to assess any person or property, or valued over its assessed value any property or class of property whatever.

�� Subscribed and sworn to before me this ___ day of _, 2_.

(Signature and title of officer)

(Official seal)

�� (2) The oath shall forthwith be filed by the assessor with the Department of Revenue with the Summaries of Assessments and Levies Report.

�� (3) No assessor shall fail to make and subscribe to the oath required by this section nor to file the oath with the Department of Revenue. [Amended by 1981 c.804 �52; 1991 c.459 �110; 1997 c.541 �171]

�� 308.325 [Repealed by 2017 c.28 �1]

�� 308.330 Duty of assessor to assess properly. No assessor shall willfully or knowingly:

�� (1) Omit to assess any person or property assessable.

�� (2) Assess any property or class of property under or over its value, as provided in ORS

ORS 312.560

312.560;

�� (i) Information regarding local lawyer referral services, legal aid programs or foreclosure avoidance programs known by the county and operated by local state agencies, the Oregon State Bar or charitable nonprofit organizations that may be able to provide the owner with assistance in the foreclosure process;

�� (j) Information regarding any relief programs including but not limited to exemptions, grants or payment plans that are available to the owner; and

�� (k) A referral, in the five most commonly spoken languages in this state other than English listed by the Secretary of State pursuant to ORS 251.167, to the website of the Unclaimed Property program of the State Treasury at https://unclaimed.oregon.gov for a translation of the notice into those languages. The translated referral shall include the statement, �This is a notice about important rights related to your property.�

�� (3)(a) The notice required under this section shall be given by both certified mail and by regular first class mail and subsections (4) and (5) of this section shall apply to both mailings.

�� (b) A copy of the notice shall be posted to the county�s public website.

�� (4)(a) If the notice required under this section is to be given to an owner, the notice shall be addressed to the owner or owners, as reflected in the county records of deeds, at the true and correct address of the owner as appearing on the instrument of conveyance under ORS 93.260 or as furnished under ORS 311.555 or as otherwise ascertained by the tax collector pursuant to ORS 311.560.

�� (b) If the person or entity to whom the notice is required under subsection (1) of this section to be given is a lienholder, or person or entity other than the owner, having or appearing to have a lien or other interest in the property, the notice shall be addressed to the lienholder, person or entity at the address that the tax collector knows or after reasonable inquiry has reason to believe to be the address at which the lienholder, person or entity will most likely receive actual notice. For the convenience of the county, any lien, instrument or other document, memorandum or writing, filed on or after September 27, 1987, that creates an interest with respect to which notice is required to be given under this paragraph, shall contain:

�� (A) The address of the person or entity holding lien or other interest created by the instrument or other document, memorandum or writing; and

�� (B) The tax account number, if any, and if known, of the property subject to the lien or in which the interest is created.

�� (5) Failure of a lien, instrument or other document, memorandum or other writing to contain the address and tax account number information required under subsection (4)(b) of this section does not invalidate the lien, instrument or other document, memorandum or writing, nor shall the failure of the writing to contain the information relieve the tax collector of the duty to obtain and mail the notice required under subsection (4)(b) of this section to the address that the tax collector believes to be the address at which the lienholder, person or entity is most likely to receive actual notice.

�� (6) For purposes of subsection (4)(b) of this section, if the lienholder is a corporation or a limited partnership, the tax collector shall be considered to have made reasonable inquiry if the notice is mailed to the registered agent or last registered office of the corporation or limited partnership, if any, as shown by the records on file in the office of the Corporation Commissioner, or if the corporation or limited partnership is not authorized to transact business in this state, to the principal office or place of business of the corporation or limited partnership.

�� (7)(a) As used in this section, �records of the county� means the following:

�� (A) The grantor-grantee indexes.

�� (B) Other records of deeds, mortgages, powers of attorney, contracts and other instruments, documents or memorandum of conveyance or otherwise of real property that are described in ORS 205.130 (1) and (2).

�� (C) The County Clerk Lien Record described in ORS 205.130 (3).

�� (D) Records of federal tax liens and other liens, instruments or other documents or writings reflecting an interest in real property described in ORS 205.246, if those records are kept separately from the records described in paragraph (b) of this subsection.

�� (E) Records of statutory liens on real property described in ORS 87.372.

�� (F) Any other records of interests in real property required to be kept by the county clerk, if the records contain a legal description of the property and an address specifically designated as indicated on the instrument, document or other memorandum or writing for purposes of mailing the notice required by this section.

�� (b) For purposes of this section, �records of the county� includes:

�� (A) The appropriate records of the courts described in ORS 7.010 in the custody of the clerk of the appropriate court or court administrator under ORS 7.110; and

�� (B) Probate records in the custody of the clerk of the appropriate court or court administrator under ORS 7.230 and 7.240. Notwithstanding any provision to the contrary in ORS chapter 7 or other law, the clerk of the appropriate court or the court administrator shall make available to and assist the tax collector in the examination of the records described in this paragraph for purposes of carrying out the obligations of the tax collector under this section without charge. [1987 c.311 �2; 1989 c.628 �1; 2003 c.576 �422; 2009 c.33 �11; 2025 c.475 �2]

�� 312.130 Release of claims of county by redemption; entries by tax collector; certificate of redemption. The receipt of redemption money by the tax collector shall operate to release all claims of the county, under the judgment of foreclosure, to the property so redeemed. The tax collector, on receipt of the redemption money, immediately shall make the proper entries in the records of the office of the tax collector showing that the delinquent taxes, interest and penalty have been paid and that the property has been redeemed from the sale to the county, and the tax collector shall deliver to the person redeeming the property a certificate of redemption. The certificate shall contain a description of the property so redeemed, the total amount of taxes, interest and penalty paid, and the date of entry of the judgment of foreclosure. The certificate shall be signed by the tax collector or deputy and shall be filed by the redemptioner with the clerk of the court that issued the judgment of foreclosure. The clerk then shall enter the filing of the certificate of redemption in the court register and thereafter file the certificate of redemption as part of the case file in the foreclosure proceeding. No fee shall be charged for the issuance of a certificate of redemption. [Amended by 1989 c.411 �3; 1991 c.111 �18; 2003 c.576 �423]

�� 312.140 Notice of foreclosure list to lienholder. (1) A mortgagee or other holder of a recorded lien on real property may file with the tax collector a request that notice of any foreclosure list including the real property be given to the mortgagee or other lienholder. The request shall contain the name and address of the person filing it, the description of the property and the name of the owner or reputed owner thereof, and the date of expiration of the mortgage or lien. Notice need not be given after expiration of the mortgage or lien, unless a further request therefor is filed. If the mortgagee or lienholder furnishes a duplicate form of request for the notice, the tax collector shall certify thereon to the filing and return the duplicate to the person making the request.

�� (2) Whenever any property described in the request for notice is included in a foreclosure list, the tax collector shall send by registered mail or by certified mail with return receipt written notice thereof to the mortgagee or other lienholder. At the time of mailing the notice the tax collector shall note that fact in the latest tax roll opposite the description of the property. The notation in the tax roll is prima facie evidence that the notice was mailed. Where the same mortgagee or lienholder has filed requests for notices on two or more properties included in a foreclosure list, one general notice may be issued covering all such properties. [Amended by 1991 c.249 �24; 1997 c.170 �50; 2001 c.753 �2]

�� 312.150 Effect of failure to give notice to lienholder when requested. If a tax collector, after receiving a request for notice of tax foreclosure as provided in ORS 312.140, fails to give the notice, the failure shall not invalidate the foreclosure, but the mortgagee�s or lienholder�s right to redeem the property shall not terminate until the expiration of 30 days after the mailing of the notice.

�� 312.160 Lienholder paying taxes or redeeming gets additional lien for amount paid. Where any property included in a foreclosure list or proceeding is removed therefrom by payment of taxes or by redemption on the part of a mortgagee or other lienholder of record, the official receipt for payment of such taxes or redemption money shall constitute an additional lien on the property to the amount specified in the receipt. The amount so paid, with interest and other lawful charges thereon, shall be collectible with and in the same manner as the amount secured by the original mortgage or lien.

�� 312.170 Municipal or other public corporation removing property from foreclosure list or proceeding or redeeming; additional lien. (1) The governing body of any municipal or other public corporation, having a lien on any real property included in a foreclosure list or proceeding, may use its funds to remove the property from the list or proceeding, or to redeem the property after judgment of foreclosure. Such corporation shall have the same right of redemption as the owner of the property.

�� (2) Where any municipal or other public corporation so removes or redeems any real property on which it claims a lien, or pays any taxes thereon, the corporation may add to its lien the amount so disbursed and cause that amount to be noted on its lien docket. The amount so disbursed shall be recoverable as part of the lien of the municipal or other public corporation. In case of foreclosure of the original lien claimed by such corporation, the amount so disbursed may be added to the original lien and recovered as part thereof.

�� (3) Any county and municipal or other public corporation may enter into a cooperative agreement to facilitate foreclosure sales for the collection of delinquent property taxes and municipal liens. [Amended by 1989 c.411 �4; 2003 c.576 �424]

�� 312.180 Possession during redemption period; forfeiture for waste. The sale of property to the county on foreclosure for delinquent taxes does not affect the former owner�s right to possession of the property during the period of redemption. However, any waste of the property, committed by the former owner or by anyone acting under permission or control of the former owner, shall work a forfeiture to the county of the right to such possession and, in addition, shall be punished as provided in ORS 312.990.

�� 312.190 General notice of expiration of redemption period. Subject to an exemption from disclosure that applies under ORS 192.345:

�� (1) Not more than 30 days nor less than 10 days prior to the expiration of the period of redemption of any real property ordered sold to the county under a judgment under ORS 312.100, the tax collector shall publish a general notice relative to the expiration of the period of redemption.

�� (2) The notice shall contain the date of the judgment, the date of expiration of the period of redemption, and warning to the effect that all the properties ordered sold under the judgment, unless sooner redeemed, will be deeded to the county immediately on expiration of the period of redemption and that every right or interest of any person in the properties will be forfeited forever to the county.

�� (3) The notice shall be published in two weekly issues of a duly designated newspaper of general circulation in the county within the period of 20 days as specified in this section. Proof of publication shall be attached to and made a part of the deed issued to the county. The published notice may be a general notice and it shall not be necessary to include therein descriptions of the several properties or the names of the respective owners. [Amended by 1975 c.780 �13; 1987 c.311 �8; 2003 c.576 �425; 2007 c.687 �6]

�� 312.200 Deed to county. The properties not redeemed within the two-year period prescribed by ORS 312.120 shall be deeded to the county by the tax collector. All rights of redemption, with respect to the real properties therein described, shall terminate on the execution of the deed to the county. No return or confirmation of the sale or deed to the county is required or necessary. [Amended by 1987 c.311 �9]

�� 312.210 Appeal. Appeal from any judgment under ORS 312.010 to 312.120 and 312.130 to 312.240, or from any final order in the proceeding, may be taken to the Court of Appeals by giving notice thereof orally in open court at the time of the judgment or final order, or by giving written notice thereof at any time within 30 days after the date of the judgment or final order. The manner of perfecting appeals to the Court of Appeals and the proceedings thereon, and the determination and disposition thereof, shall be governed by the statutes on appeals in equitable cases. [Amended by 1979 c.562 �12; 2003 c.576 �426]

�� 312.214 Public policy relating to title obtained by county by tax foreclosure. Notwithstanding any other provisions of law, for all purposes of ORS 312.214 to 312.230 it is declared to be the public policy of this state that:

�� (1) When a county has acquired or hereafter acquires real property by foreclosure for delinquent taxes, the county�s title to the property shall have the utmost stability; and

�� (2) Once real property has become or hereafter shall become subject to foreclosure for taxes, there has been imposed and there hereafter shall be imposed upon all persons owning or claiming to own, or having or claiming to have, any interest in the real property, by reason of their delinquency, a continuing duty to investigate and ascertain whether the real property did become or hereafter shall become included in tax foreclosure proceedings, regardless of any defects, jurisdictional or otherwise, that may have appeared or shall hereafter appear in the foreclosure proceedings. [Formerly part of 312.220; 1995 c.79 �152; 2005 c.94 �68]

�� 312.216 Conclusive presumptions of notice resulting from tax foreclosure. In order to accomplish and place into effect the public policy so declared in ORS 312.214, and notwithstanding any other provisions of law excepting those relating to persons under disability as provided in ORS 12.160, all persons owning or claiming to own, or having or claiming to have, any interest in any real property heretofore or hereafter subject to foreclosure for delinquent taxes indisputably and conclusively shall be deemed to have taken notice of the following:

�� (1) That any real property that they owned or claimed to own, or in which they had or claim to have had any interest, and any real property that they hereafter may own or claim to own or in which they hereafter shall have or claim any interest has been assessed and hereafter will be assessed each year;

�� (2) That the tax levied against such real property became and hereafter will become due and delinquent at a fixed time;

�� (3) That the tax became and was and hereafter will become and be a lien upon such real property;

�� (4) That if such tax was not paid or hereafter shall not be paid within the time fixed by law, the lien has been or hereafter will be enforced by foreclosure proceedings at the time and in the manner provided by law;

�� (5) That since the enactment of chapter 408, General Laws of Oregon 1919, and following its effective date (May 29, 1919), such foreclosure proceedings have been and hereafter will be proceedings in rem; and

�� (6) That by reason of their delinquency in the matter of the payment of their taxes, there has been impressed upon and there hereafter shall be impressed upon them a continuing duty to investigate and ascertain whether or not such real property has been or hereafter shall become included in tax foreclosure proceedings, regardless of any defects, jurisdictional or otherwise, that may have appeared or hereafter shall appear in such foreclosure proceedings. [Formerly part of

ORS 315.643

315.643 and 315.646 and payments to a tax credit marketer for marketing services provided by the marketer as described in ORS 348.267, the balance remaining in the fund shall be used for the Oregon Opportunity Grant program under ORS 348.260.

�� (4) Expenditures from the fund are not subject to ORS 291.232 to 291.260. [2018 c.108 �4]

�� Note: 348.266 and 348.267 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 348 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 348.267 Marketing of tax credit. The Higher Education Coordinating Commission may hire or contract with a marketer to market the tax credits described in ORS 315.643 to taxpayers. [2018 c.108 �5]

�� Note: See note under 348.266.

�� 348.268 Scholarships for current or former members of National Guard; rules. (1) As used in this section:

�� (a) �Community college� means a community college operated under ORS chapter 341.

�� (b) �Good standing� means the qualified student has a cumulative grade point average of 2.0 or higher at Oregon Health and Science University or the community college, public university listed in ORS 352.002 or qualifying private institution at which the student is enrolled.

�� (c) �Qualified student� means a student who:

�� (A) Has not achieved a baccalaureate or higher degree from any post-secondary institution;

�� (B) Is enrolled and in good standing in:

�� (i) An associate degree granting program at a community college;

�� (ii) An undergraduate baccalaureate degree granting program at a public university listed in ORS 352.002;

�� (iii) An undergraduate baccalaureate degree granting program at a qualifying private institution;

�� (iv) An undergraduate baccalaureate degree granting program at Oregon Health and Science University; or

�� (v) A program or curriculum designed to lead to a certificate of completion, as defined by the Higher Education Coordinating Commission by rule, at a community college, a public university listed in ORS 352.002, Oregon Health and Science University or a qualifying private institution;

�� (C) Is a member of the Oregon National Guard;

�� (D) Has completed basic training with the Oregon National Guard or a National Guard of any other state or territory;

�� (E) Has completed and submitted the Free Application for Federal Student Aid for each academic year, if eligible to file the application; and

�� (F) Has accepted all federal military tuition assistance grants available to the student.

�� (d) �Qualifying private institution� means a private post-secondary institution that meets the criteria set forth in ORS 348.597 (2).

�� (2) A qualified student shall receive a grant under this section in an amount that equals the sum of the following, minus the amount of federal military tuition assistance received by the qualified student:

�� (a)(A) The resident tuition charges at the community college at which the qualified student is enrolled;

�� (B) The resident tuition charges at the public university listed in ORS 352.002 at which the qualified student is enrolled;

�� (C) The average resident tuition charges to attend a public university listed in ORS 352.002 if the qualified student is enrolled at a qualifying private institution; or

�� (D) The resident tuition charges at Oregon Health and Science University if the qualified student is enrolled at Oregon Health and Science University;

�� (b) The average amount of fees charged by the type of institution at which the qualified student is enrolled, as determined by the Higher Education Coordinating Commission; and

�� (c) An allowance for books required for coursework, as determined by the Higher Education Coordinating Commission.

�� (3) Grants provided under this section shall be awarded to a qualified student for up to:

�� (a) 90 credit hours at a community college;

�� (b) 180 credit hours at a public university listed in ORS 352.002;

�� (c) 180 credit hours at a qualifying private institution; or

�� (d) 180 credit hours at Oregon Health and Science University.

�� (4) The Higher Education Coordinating Commission shall adopt any rules necessary for the administration of this section, including but not limited to any requirements related to:

�� (a) Specifying the form and timelines for submitting an application for a grant under this section;

�� (b) Determining whether a person is eligible for a grant under this section; and

�� (c) Prescribing grant calculations for qualified students dually enrolled at a community college, a public university, Oregon Health and Science University or a qualifying private institution.

�� (5) Prior to the start of the fall term of each academic year, the commission shall determine whether moneys available to the commission are sufficient to award a grant under this section to each eligible person. On the basis of this determination, the commission may:

�� (a) Limit eligibility to receive a grant under this section to a person whose family contribution, as determined by the commission by rule, is at or below a level the commission determines is necessary to allow the commission to operate the grant program under this section with available moneys; or

�� (b) Reduce or eliminate any limitation on eligibility previously imposed by the commission under paragraph (a) of this subsection.

�� (6) If at any time the commission determines that moneys available to the commission are insufficient to provide a grant under this section to each eligible person, the commission may decrease the total amount of the grant awarded to each recipient. [2018 c.53 �2; 2019 c.656 �1; 2021 c.268 �1]

�� Note: 348.268 was added to and made a part of ORS chapter 348 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 348.270 Scholarships for children of public safety officers. (1) In addition to any other scholarships provided by law, the Higher Education Coordinating Commission shall award scholarships to any qualified student who is a child of a public safety officer who has suffered a qualifying death or disability.

�� (2) A student who wishes to receive a scholarship under this section shall submit an application in accordance with rules adopted by the commission.

�� (3)(a) To be eligible to receive a scholarship under this section, a student must:

�� (A) Be a child of a public safety officer who has suffered a qualifying death or disability;

�� (B) Be enrolled or have applied for enrollment at an institution of higher education in this state;

�� (C) Be under 25 years of age at the time that the student first submits an application under subsection (2) of this section;

�� (D) Complete and submit the Free Application for Federal Student Aid for each academic year and accept all state and federal aid grants available to the person, if eligible to file the application; and

�� (E) Not have achieved a baccalaureate or higher degree from any post-secondary institution.

�� (b) A student who is awarded a scholarship under this section continues to be eligible for the scholarship if the student, in addition to satisfying the criteria specified in paragraph (a) of this subsection, makes satisfactory academic progress, as defined by the institution of higher education at which the student is enrolled.

�� (c) A student is eligible to receive a scholarship under this section for a maximum of the equivalent of four academic years.

�� (4)(a) Except as provided in paragraph (b) of this subsection, the total amount of a scholarship awarded under this section shall be equal to the amount of tuition and all fees levied by the institution of higher education against the student reduced by any amounts received by the student in state and federal aid grants.

�� (b) For a four-year degree program, the maximum amount of a scholarship awarded under this section is $13,000 per academic year.

�� (5) As used in this section:

�� (a) �Child� means a person�s natural child, adopted child or stepchild.

�� (b) �Institution of higher education� has the meaning given that term in ORS 348.582.

�� (c) �Permanent total disability� has the meaning given that term in ORS 656.206.

�� (d) �Public safety officer� means a corrections officer, fire service professional, parole and probation officer, police officer, reserve officer or youth correction officer, as those terms are defined in ORS 181A.355.

�� (e) �Qualifying death or disability� has the meaning given that term in ORS 243.954. [1973 c.784 �1; 1977 c.725 �6; 1995 c.162 �70; 1997 c.515 �1; 2001 c.730 �1; 2007 c.70 �146; 2011 c.506 �36; 2011 c.637 �150; 2011 c.642 �2; 2011 c.644 ��28,51; 2013 c.1 �47,48; 2013 c.116 ��2,3; 2013 c.180 ��36,37; 2013 c.747 ��92,93; 2014 c.12 ��1,2; 2015 c.174 �19; 2015 c.513 ��5,6; 2017 c.66 �36; 2018 c.23 �4]

�� 348.272 Scholarships for current or former foster children. (1) As used in this section:

�� (a) �Former foster child� has the meaning given that term in ORS 350.300.

�� (b) �Institution of higher education� means a public university listed in ORS 352.002, the Oregon Health and Science University, a community college operated under ORS chapter 341 or an Oregon-based, regionally accredited independent institution.

�� (2) In addition to any other scholarships provided by law, the Higher Education Coordinating Commission shall award scholarships to any individual applying for enrollment or enrolled in an institution of higher education who is a current foster child or former foster child.

�� (3) Scholarships awarded under this section shall be in an amount to be determined by the commission based on the funds that are made available for the awarding year.

�� (4) If a student who is a current foster child or former foster child continues to remain enrolled in a public university listed in ORS 352.002, a community college or an Oregon-based, regionally accredited independent institution, the student is entitled to apply for renewal of the scholarship until the student has received the equivalent of four years of undergraduate education.

�� (5) The Director of the Office of Student Access and Completion may require proof that a student is a current foster child or former foster child. [2015 c.513 �7; 2017 c.66 �37]

�� Note: 348.272 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 348 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 348.280 Award of scholarships under ORS 348.270 and 348.272; rules. (1) The Higher Education Coordinating Commission shall:

�� (a) Determine which students are eligible to receive scholarships under ORS 348.270 and

ORS 315.675

315.675�� Trust for Cultural Development Account contributions

�� 315.001 [Enacted as 1953 c.308 �1; repealed by 1965 c.26 �6]

�� 315.002 [Enacted as 1953 c.308 �2; repealed by 1965 c.26 �6]

�� 315.003 [Enacted as 1953 c.308 �3; repealed by 1965 c.26 �6]

GENERAL PROVISIONS

�� 315.004 Definitions; adoption of parts of Internal Revenue Code and application of federal laws and regulations; technical corrections. (1) Except when the context requires otherwise, the definitions contained in ORS chapters 314, 316, 317 and 318 are applicable in the construction, interpretation and application of the personal and corporate income and excise tax credits contained in this chapter.

�� (2)(a) For purposes of the tax credits contained in this chapter, any term has the same meaning as when used in a comparable context in the laws of the United States relating to federal income taxes, unless a different meaning is clearly required or the term is specifically defined for purposes of construing, interpreting and applying the credit.

�� (b) With respect to the tax credits contained in this chapter, any reference to the laws of the United States or to the Internal Revenue Code means the laws of the United States relating to income taxes or the Internal Revenue Code as they are amended on or before December 31, 2023, even when the amendments take effect or become operative after that date.

�� (3) Insofar as is practicable in the administration of this chapter, the Department of Revenue shall apply and follow the administrative and judicial interpretations of the federal income tax law. When a provision of the federal income tax law is the subject of conflicting opinions by two or more federal courts, the department shall follow the rule observed by the United States Commissioner of Internal Revenue until the conflict is resolved. Nothing contained in this section limits the right or duty of the department to audit the return of any taxpayer or to determine any fact relating to the tax liability of any taxpayer.

�� (4) When portions of the Internal Revenue Code incorporated by reference as provided in subsection (2) of this section refer to rules or regulations prescribed by the Secretary of the Treasury, then such rules or regulations shall be regarded as rules adopted by the department under and in accordance with the provisions of this chapter, whenever they are prescribed or amended.

�� (5)(a) When portions of the Internal Revenue Code incorporated by reference as provided in subsection (2) of this section are later corrected by an Act or a Title within an Act of the United States Congress designated as an Act or Title making technical corrections, then notwithstanding the date that the Act or Title becomes law, those portions of the Internal Revenue Code, as so corrected, shall be the portions of the Internal Revenue Code incorporated by reference as provided in subsection (2) of this section and shall take effect, unless otherwise indicated by the Act or Title (in which case the provisions shall take effect as indicated in the Act or Title), as if originally included in the provisions of the Act being technically corrected. If, on account of this subsection, any adjustment is required to an Oregon return that would otherwise be prevented by operation of law or rule, the adjustment shall be made, notwithstanding any law or rule to the contrary, in the manner provided under ORS 314.135.

�� (b) As used in this subsection, �Act or Title� includes any subtitle, division or other part of an Act or Title. [1993 c.730 �2; 1995 c.556 �34; 1997 c.839 �64; 1999 c.90 �7; 2001 c.660 �34; 2003 c.77 �11; 2005 c.832 �24; 2007 c.614 �11; 2008 c.45 �12; 2009 c.5 �22; 2009 c.909 �23; 2010 c.82 �23; 2011 c.7 �22; 2012 c.31 �21; 2013 c.377 �21; 2014 c.52 �23; 2015 c.442 �15; 2016 c.33 �18; 2017 c.527 �19; 2018 c.101 �19; 2019 c.319 �19; 2021 c.456 �20; 2022 c.83 �20; 2023 c.171 �20; 2024 c.75 �20]

�� 315.005 [Repealed by 1965 c.26 �6]

�� 315.010 [Amended by 1953 c.325 �3; repealed by 1965 c.26 �6]

�� 315.015 [Repealed by 1965 c.26 �6]

�� 315.020 [Repealed by 1965 c.26 �6]

�� 315.025 [Repealed by 1965 c.26 �6]

�� 315.030 [Repealed by 1965 c.26 �6]

�� 315.035 [Repealed by 1965 c.26 �6]

�� 315.037 Tax expenditures applicable for limited time. (1) As used in this section, �tax expenditure� has the meaning given that term in ORS 291.201.

�� (2) Any tax credit enacted by the Legislative Assembly on or after January 1, 2010, shall apply for a maximum of six tax years beginning with the initial tax year for which the credit is applicable, unless the Legislative Assembly expressly provides for another period of applicability.

�� (3) Any tax expenditure enacted by the Legislative Assembly on or after January 1, 2014, shall apply for a maximum of six tax years beginning with the initial tax year for which the tax expenditure is applicable, unless the Legislative Assembly expressly provides for another period of applicability. [Formerly 315.050]

Note: 315.037 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 315 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 315.040 [Repealed by 1965 c.26 �6]

�� 315.044 Statement of purpose. For each proposed legislative measure that is submitted for filing and that creates a tax credit or provides for expanded allowance, in amount or duration, of tax credit, the chief sponsor or a proponent of the measure shall submit to a legislative committee related to revenue a statement of purpose. In the statement of purpose, the chief sponsor or proponent shall address at a minimum the items forming the basis of the report required under ORS 315.051. [2015 c.641 �2]

�� 315.045 [Repealed by 1965 c.26 �6]

�� 315.047 List of tax credits with revenue impact in excess of projection. (1) Prior to the beginning of each odd-numbered year regular session, the Legislative Revenue Officer shall prepare a list of all tax credits that have revenue impact, for the most recent tax year for which sufficient information exists to make a determination, that exceeds the revenue impact projected in the most recent revenue impact statement prepared under ORS 173.025 for the measure enacting or amending the tax credit provision. The Legislative Revenue Officer shall submit the list with the report required under ORS 315.051.

�� (2) The Legislative Revenue Officer shall identify those credits under subsection (1) of this section:

�� (a) For which the revenue impact exceeds the projected revenue impact by at least 10 percent; and

�� (b) That may be claimed in tax years beginning on or after January 1 of the next even year.

�� (3) During the odd-numbered year regular session, a legislative committee related to revenue shall consider all tax credits that are identified under subsection (2) of this section at a public hearing conducted by the committee. [2015 c.641 �3]

�� Note: 315.047 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 315 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 315.050 [2009 c.913 �53; 2013 c.750 �45; renumbered 315.037 in 2015]

�� 315.051 Report by Legislative Revenue Officer. (1) Prior to the beginning of each odd-numbered year regular session, the Legislative Revenue Officer shall submit a report addressing each income or excise tax credit that is scheduled to expire during the next even-numbered year. The Legislative Revenue Officer shall submit the report to a committee of the Legislative Assembly related to revenue, and may include information related to other tax credits in the report at the direction of an interim committee related to revenue. In preparing the report, the Legislative Revenue Officer shall seek input from the Department of Revenue, the Legislative Fiscal Officer and state agencies involved in administering any given credit.

�� (2) The report required in subsection (1) of this section shall set forth:

�� (a) The stated public policy purpose, if any, of the credit.

�� (b) The expected timeline for achieving the public policy purpose, if a timeline exists.

�� (c) The best means of measuring achievement of the public policy purpose.

�� (d) The taxpayers or other entities or individuals that directly benefit from allowance of the credit and whether the credit is intended to benefit particular targets.

�� (e) The effectiveness of the credit in benefiting its targets and any evidence that demonstrates its impact on its targets.

�� (f) The expected results if the credit is allowed to expire under current law and any potential results of making incremental changes in the value of the credit rather than allowing it to expire.

�� (g) Background information on the effect of similar credits allowed in other states.

�� (h) Information regarding whether use of a tax credit is an effective and efficient way to achieve the stated policy goal.

�� (i) The administrative and compliance costs associated with the credit.

�� (j) Analysis of whether a direct appropriation might achieve the stated public policy purpose of the credit more efficiently.

�� (k) What other incentives, including state or local subsidies or federal tax expenditures or subsidies, are available in this state that have a similar policy purpose. [2013 c.676 �2]

�� 315.052 Limitation on transfer or sale of credit. An income tax credit that is allowed under this chapter or ORS chapter 316, 317 or 318 and that is transferable may be transferred or sold only once, unless expressly provided otherwise by statute. [2009 c.288 �3]

�� 315.053 Restriction on types of transferees. An income tax credit allowed under this chapter or ORS chapter 316 or 317 that is transferable may be transferred or sold only to one or more of the following:

�� (1) A C corporation.

�� (2) An S corporation.

�� (3) A personal income taxpayer. [2009 c.288 �2; 2011 c.83 �12; 2011 c.474 �33; 2011 c.730 �21; 2019 c.483 �5]

�� 315.054 Federal tax credits allowable only as specified. No credits applied directly to the income tax calculated for federal purposes pursuant to the Internal Revenue Code shall be applied in calculating the tax due under ORS chapter 314, 316, 317 or 318 except those prescribed in this chapter or ORS chapter 314, 316, 317 or 318. [1993 c.730 �4 (enacted in lieu of 316.107)]

�� 315.055 [Repealed by 1965 c.26 �6]

�� 315.056 Conditions for transfer of tax credit. (1) Transfer of any transferable tax credit that is allowed under this chapter or ORS chapter 316 or 317 and that is transferred on or after January 1, 2020, is conditioned upon compliance with this section and ORS 315.052 and 315.053.

�� (2) The Department of Revenue may require that the person that has earned the credit and the taxpayer that intends to claim the credit jointly file a notice of tax credit transfer with the department on or before the earliest of the following dates:

�� (a) A date 30 days after the transfer of the credit;

�� (b) The date on which the transferee files a return; or

�� (c) The due date, including extensions, of the transferee�s return.

�� (3) The notice shall be given on a form prescribed by the department that contains:

�� (a) The name and address of the transferor and of the transferee;

�� (b) The taxpayer identification number of the transferor and of the transferee;

�� (c) The dates on which the person earning the credit received certifications for the credit;

�� (d) The amount of the credit that is certified, the amount that is being transferred and the amount that is being retained by the transferor; and

�� (e) Any other information required by the department.

�� (4)(a) If a tax credit must be claimed over multiple tax years, a transferor may separately transfer the entirety of that portion corresponding to each tax year to one or more transferees, subject to subsection (5) of this subsection.

�� (b) Any amount of credit that would be allowed due only to a carryforward provision may not be transferred.

�� (5) Any transfer of a tax credit or a portion of a tax credit must be completed no later than the earliest of the following dates in relation to the tax return on which it is claimed:

�� (a) The original due date, including extensions, of the transferor�s return;

�� (b) The date on which the transferor�s return is actually filed;

�� (c) The original due date, including extensions, of the transferee�s return; or

�� (d) The date on which the transferee�s return is actually filed.

�� (6) Notwithstanding subsection (5) of this section, if the transferor is a tax-exempt entity, the transfer must be completed on or before a date one year after the close of the tax year for which the credit receives final certification. As used in this subsection �tax-exempt entity� means a government agency or an organization that is recognized as exempt under section 501(c)(3) of the Internal Revenue Code.

�� (7) The transferee shall claim the credit in accordance with the credit provisions for the tax years in which the credit is allowed.

�� (8) The department by rule may establish policies and procedures for the implementation of this section. [2019 c.483 �2]

�� 315.058 Agency to provide tax credit approval information to Department of Revenue. (1) For any tax credit that is allowed under this chapter or ORS chapter 316 or 317 and for which certification, determination of eligibility or other approval from an agency other than the Department of Revenue is required and was issued on or after January 1, 2019, the department may require that the other agency provide information about the certification, determination of eligibility or other approval, including the name and taxpayer identification number of the taxpayer or other person receiving approval, the date the approval was issued in its final form, the approved amount of credit and the first tax year for which the credit may be claimed.

�� (2) Within two months after the close of the tax year in which the approval was issued, a taxpayer that is a pass-through entity that has received approval shall provide to the department, in the manner prescribed by the department, the name and taxpayer identification number of each owner receiving a distributive share of the credit and any other information required by the department pertaining to an owner receiving a distributive share. [2019 c.483 �3]

�� 315.060 [Repealed by 1965 c.26 �6]

�� 315.061 Suspension, revocation or forfeiture. (1) Under the procedures for a contested case under ORS chapter 183, the director of the agency responsible for certifying or otherwise determining eligibility or granting approval for a tax credit allowed under this chapter or ORS chapter 316 or 317 may order the suspension, revocation or forfeiture of the tax credit approval or of a portion thereof if the director finds that:

�� (a) The approval was obtained by fraud or misrepresentation;

�� (b) The approval was obtained by mistake or miscalculation; or

�� (c) The taxpayer otherwise violates or has violated a condition or requirement for eligibility for the tax credit.

�� (2) As soon as an order of revocation under this section becomes final, the director shall notify the Department of Revenue and the person that received the tax credit certification, or other approval, of the order of revocation. Upon notification, the Department of Revenue immediately shall proceed to collect:

�� (a) If no portion of a credit has been transferred, those taxes not paid by the holder of the certificate or other approval as a result of the tax credits provided to the holder under the revoked approval, from the holder or a successor in interest to the business interests of the holder. All tax credits provided to the holder and attributable to the fraudulently or mistakenly obtained approval or portion of the approval shall be forfeited.

�� (b) If all of a credit has been transferred, an amount equal to the amount of the tax credits allowable to the transferee under the revoked approval, from the transferor.

�� (c) If a portion of a tax credit has been transferred, those taxes not paid by the transferor as a result of the tax credits provided to the transferor pursuant to the revoked approval, from the transferor or a successor in interest to the business interests of the transferor, and an amount equal to the amount of the tax credits allowable to the transferee pursuant to the revoked approval, from the transferor.

�� (3)(a) The Department of Revenue shall have the benefit of all laws of the state pertaining to the collection of income and excise taxes and may proceed to collect the amounts described in subsection (2) of this section from the person that obtained approval or a successor in interest to the business interests of that person. An assessment of tax is not necessary and the collection of taxes described in this subsection is not precluded by any statute of limitations.

�� (b) For purposes of this subsection, a lender, bankruptcy trustee or other person that acquires an interest through bankruptcy or through foreclosure of a security interest is not considered to be a successor in interest to the business interests of the person that obtained approval.

�� (4) If the approval is ordered revoked pursuant to this section, the holder of the certificate or other approval shall be denied any further relief in connection with the credit from and after the date that the order of revocation becomes final.

�� (5) Notwithstanding subsections (1) to (4) of this section, a certificate or portion of a certificate held by a transferee may not be considered revoked for purposes of the transferee, the tax credit allowable to the transferee may not be reduced and a transferee is not liable under this section.

�� (6) Interest under this section shall accrue at the rate established in ORS 305.220 beginning the day after the due date of the return on which the credit may first be claimed.

�� (7) The Department of Revenue may collect amounts owed under this section by a partnership from the partnership. [2019 c.483 �4]

�� 315.063 Waiver of substantiation by Department of Revenue; rules. The Department of Revenue, by rule, may waive partially, conditionally or absolutely requirements for proof or substantiation of claims for subtractions, exclusions, exemptions or credits allowable for purposes of taxes imposed upon or measured by net income. [1995 c.54 �2]

�� 315.065 [Repealed by 1965 c.26 �6]

�� 315.068 Claim of right income repayment adjustments. (1) A credit against the taxes otherwise due under ORS chapter 316 (or, if the taxpayer is a corporation, under ORS chapter 317 or 318) shall be allowed to a taxpayer for a claim of right income repayment adjustment.

�� (2) The credit shall be allowed under this section only if the taxpayer�s federal tax liability is determined under section 1341(a) of the Internal Revenue Code.

�� (3) The amount of the credit shall equal the difference between:

�� (a) The taxpayer�s actual Oregon state tax liability for the tax year for which the claim of right income was included in gross income for federal tax purposes; and

�� (b) The taxpayer�s Oregon state tax liability for that tax year, had the claim of right income not been included in gross income for federal tax purposes.

�� (4) A credit under this section shall be allowed only for the tax year for which the taxpayer�s federal tax liability is determined under section 1341 of the Internal Revenue Code for federal tax purposes.

�� (5) If the amount allowable as a credit under this section, when added to the sum of the amounts allowable as a payment of tax under ORS 314.505 to 314.525, 316.187 and

ORS 316.172

316.172, the amount of the unpaid tax including interest and penalty thereon shall be a lien in favor of the State of Oregon upon all property and rights to property, whether real or personal, belonging to the person. The lien shall arise at the time of assessment or the time the amount withheld is to be paid to the department and the lien shall continue until the liability for the taxes, with interest and penalty, is satisfied. [1971 c.215 �3; 1981 c.546 �1]

�� 314.419 Foreclosure of lien. In addition to any other remedy provided by law the lien created by ORS 314.417 may be foreclosed in the following manner:

�� (1) The Director of the Department of Revenue shall issue an order directed to the sheriff of the county in which the property or interest in property subject to the lien is located, describing the property subject to the lien, and commanding the sheriff to seize the property specified and sell it to pay the amount shown on the order to be due. In the discretion of the director an order of like terms, force and effect may be issued and directed to any agent authorized to collect income taxes, and in the execution thereof the agent shall have all the powers conferred by law upon sheriffs but is entitled to no fee or compensation in excess of actual expenses paid in the performance of such duty.

�� (2) If the property seized by the sheriff is personal property the sheriff shall utilize the procedures under ORS 311.644 to effect collection of the amount due.

�� (3) If the property seized by the sheriff is real property the sheriff shall proceed to sell the real property in the same manner that real property is sold under a writ of execution.

�� (4) Any property which has been sold under this section may be redeemed from the purchaser by the taxpayer or any junior lienor within 120 days from the date of the sale by paying to the purchaser the full purchase price paid plus an additional 20 percent of the purchase price.

�� (5) In any proceeding under this section to sell property to foreclose a lien, the taxpayer may claim any exemption to which the taxpayer is entitled under the laws of this state relating to property exempt from execution. [1971 c.215 �4]

�� 314.420 [1957 c.632 �16 (enacted in lieu of 316.620, 317.370 and 317.420); 1969 c.166 �5; repealed by 1971 c.354 �7]

�� 314.421 When lien valid. The lien imposed by ORS 314.417 shall not be valid as against any purchaser, holder of a security interest, mechanic�s lienor or judgment creditor until a warrant is issued and recorded under ORS 314.430. [1971 c.215 �5; 1987 c.586 �40]

�� 314.423 Status of lien. (1) After a warrant has been recorded under ORS 314.430, the lien imposed by ORS 314.417 shall be subordinate to:

�� (a) Any interest in real property to the same extent that a judgment recorded in the County Clerk Lien Record under ORS 18.152 at the same time the warrant was recorded would be subordinate to the interest; and

�� (b) Any interest in personal property to the same extent that a security agreement filed under the Uniform Commercial Code at the same time the warrant was filed would be subordinate to the interest.

�� (2) After a warrant has been recorded under ORS 314.430, the lien imposed by ORS 314.417 shall not be valid as to a purchaser, security interest holder or lienholder in a sale, security agreement or lien arising out of the following types of property or property transactions unless the purchaser, security interest holder or lienholder had actual knowledge of the lien:

�� (a) Securities as defined in ORS 78.1020;

�� (b) Retail purchases in the ordinary course of business;

�� (c) Casual sales of personal property;

�� (d) Attorney�s liens;

�� (e) Insurance contract loans; or

�� (f) Passbook loans. [1971 c.215 ��6,7; 1987 c.586 �41; 1997 c.325 �36; 2003 c.576 �230]

�� 314.425 Examining books, records or persons. (1) The Department of Revenue, for the purpose of ascertaining the correctness of any return or for the purpose of making an estimate of the taxable income of any taxpayer, may examine or cause to be examined by an agent or representative designated by it for the purpose, any books, papers, records or memoranda bearing upon the matter required to be included in the return, and may require the attendance of the taxpayer or officer or agent or any other person having knowledge in the premises, and may take testimony and require proof material for the information, with power to administer oaths to such persons. The department shall have authority, by order or subpoena to be served with the same force and effect and in the same manner that a subpoena is served in a civil action in the tax court, to require the production at any time and place it may designate of any books, papers, accounts or other information necessary to the carrying out of any law imposing tax on or measured by net income.

�� (2) If any person fails to comply with any subpoena or order of the department or to produce or permit the examination or inspection of any books, papers or documents pertinent to any investigation or inquiry under this section, or to testify to any matter regarding which the person may be lawfully interrogated, the department may apply to the tax court for the county in which the person resides for an order to the person to attend and testify, or otherwise comply with the demand or request of the department. The application to the court shall be by ex parte motion upon which the court shall make an order requiring the person against whom it is directed to comply with the request on demand of the department within 10 days after service of the order (or such further time as the court may grant) or to justify the failure within that time. The order shall be served upon the person to whom it is directed in the manner required by this state for service of process, which service shall be required to confer jurisdiction upon the court. Failure to obey any order issued by the court under this section is contempt of court. The remedy provided by this section shall be in addition to other remedies, civil or criminal, existing under the tax laws or other laws of this state. [1957 c.632 �17 (enacted in lieu of

ORS 316.475

316.475]

�� 316.081 [1973 c.503 �15; 1975 c.705 �11; 1981 c.502 �1; renumbered 316.844]

�� 316.082 Credit for taxes paid another state; rules. (1) A resident individual shall be allowed a credit against the tax otherwise due under this chapter for the amount of any income tax imposed on the individual, or on an Oregon S corporation or Oregon partnership of which the individual is a member (to the extent of the individual�s pro rata share of the S corporation or distributive share of the partnership), for the tax year by another state on income derived from sources therein and that is also subject to tax under this chapter.

�� (2) The credit provided under this section shall not exceed the proportion of the tax otherwise due under this chapter that the amount of the modified adjusted gross income of the taxpayer derived from sources in the other state bears to the entire modified adjusted gross income of the taxpayer.

�� (3) The Department of Revenue shall provide by rule the procedure for obtaining credit provided by this section and the proof required. The requirement of proof may be waived partially, conditionally or absolutely, as provided under ORS

ORS 316.744

316.744, 317.111, 317.386, 456.594 to 456.599 and 469.631 to 469.687;

�� (b) The dwelling owner first submits to the department written permission to inspect the installations to verify that installation of energy conservation measures has been made;

�� (c) The dwelling owner presents to the lending institution a copy of the energy audit together with certification that the dwelling in question receives space heating from fuel oil or wood and a copy of the written permission to inspect submitted to the department under paragraph (b) of this subsection; and

�� (d) The dwelling owner does not receive any other state incentives for that part of the cost of the energy conservation measures to be financed by the loan.

�� (2) Any dwelling owner applying for low-interest financing under ORS 469.710 to 469.720 who is or who rents to a residential fuel oil customer, or who is or who rents to a wood heating resident, may use without obtaining a new energy audit any assistance and technical advice obtained from an energy supplier before November 1, 1981, under chapter 887, Oregon Laws 1977, or from a public utility under chapter 889, Oregon Laws 1977, including an estimate of cost for installation of weatherization materials. [1981 c.894 ��25,26; 1987 c.749 �7; 1997 c.249 �167; 2003 c.46 �53]

(Public Buildings)

�� 469.730 Declaration of purpose. It is the purpose of ORS 469.730 to 469.745 to promote voluntary measures to conserve energy in public buildings or groups of buildings constructed prior to January 1, 1978, through the adoption of energy conservation standards. [1977 c.853 �1]

�� 469.735 Definitions for ORS 469.730 to 469.745. As used in ORS 469.730 to 469.745, unless the context requires otherwise:

�� (1) �Department� means the Department of Consumer and Business Services.

�� (2) �Director� means the Director of the Department of Consumer and Business Services.

�� (3) �Public building� means any publicly or privately owned building constructed prior to January 1, 1978, including the outdoor areas adjacent thereto, which:

�� (a) Is open to and frequented by the public; or

�� (b) Serves as a place of employment. [1977 c.853 �2; 1987 c.414 �154; 1993 c.744 �114]

�� 469.740 Rules establishing energy conservation standards for public buildings; bases. In accordance with ORS chapter 183 and after consultation with the Building Codes Structures Board or with the Construction Industry Energy Board, the Director of the Department of Consumer and Business Services shall adopt rules establishing energy conservation standards for public buildings. The standards shall provide means of measuring and reducing total energy consumption and shall take into account:

�� (1) The climatic conditions of the areas in which particular buildings are located; and

�� (2) The three basic systems comprising any functioning building, which are:

�� (a) Energized systems such as those required for heating, cooling, lighting, ventilation, conveyance and business equipment operation.

�� (b) Nonenergized systems such as floors, ceilings, walls, roof and windows.

�� (c) Human systems such as maintenance, operating and management personnel, tenants and other users. [1977 c.853 �3; 1987 c.414 �154a; 1993 c.744 �115; 2009 c.567 �10]

�� 469.745 Voluntary compliance program. To provide the public with a guide for energy conservation, the Director of the State Department of Energy shall adopt a program for voluntary compliance by the public with the standard adopted by the Director of the Department of Consumer and Business Services under ORS 469.740. [1977 c.853 �4; 1987 c.414 �155]

�� 469.748 State agencies to conduct assessments of energy use and greenhouse gas emissions of state-owned buildings; planning targets in capital projects; state agency reporting. (1) As used in this section, �state agency� has the meaning given that term in ORS

ORS 316.811

316.811 in 2025]

�� 316.807 Taxpayer to maintain records. (1) For each tax year in which a taxpayer claims a subtraction or exemption under ORS 316.798, the taxpayer shall maintain the records described in subsection (2) of this section, and any other records as required by the Department of Revenue under ORS 316.796 to 316.808.

�� (2) A taxpayer shall maintain, and shall furnish to the department upon the request of the department, the following:

�� (a) Account statements that show the contributions made during the tax year and the taxable interest or earnings on the account in the tax year for which the subtraction or exemption is claimed;

�� (b) The information return issued by the financial institution for the account for the tax year for which the subtraction or exemption is claimed; and

�� (c) Upon a withdrawal of funds from a first-time home buyer savings account, a copy of the real estate settlement statement demonstrating that the withdrawal was used for eligible costs. [2024 c.53 �2]

�� 316.808 Rules; financial institutions not subject to obligations related to first-time home buyer savings accounts; informational materials. (1) The Department of Revenue may adopt rules to administer ORS 316.796 to 316.808. Rules adopted under this section may not impose administrative, reporting or other obligations or requirements on financial institutions related to first-time home buyer savings accounts.

�� (2) The department may prepare and distribute informational materials regarding the first-time home buyer savings account to financial institutions and potential home buyers to publicize the availability of first-time home buyer savings accounts. [2024 c.53 �3]

�� 316.810 [1953 c.304 �101; repealed by 1969 c.493 �99]

(Additional Modifications of Taxable Income)

�� 316.811 Definitions for ORS 316.811 to 316.818. As used in ORS 316.811 to 316.818:

�� (1) �Construction job site� means the specific location of a construction project.

�� (2) �Construction project� means the construction, alteration, repair, improvement, moving or demolition of a structure and appurtenances thereto.

�� (3) �Construction worker� means a person who is a member of a recognized construction trade, craft, union or industrial occupation and who is lawfully engaged in the performance of labor, pursuant to contract or subcontract, at a construction project.

�� (4) �Traveling expenses� means daily transportation expenses that:

�� (a) Are not otherwise deductible under the federal Internal Revenue Code.

�� (b) Are incurred by a construction worker in job-related travel between a construction job site located more than 50 miles from the principal residence of the construction worker.

�� (5) �Traveling expenses� includes gas, oil and automobile repairs and maintenance, but does not include meals unless the construction worker is required by the employer to stay overnight at the construction job site. [Formerly 316.806]

�� 316.812 Certain traveling expenses. In addition to the modifications to federal taxable income contained in this chapter, there shall be subtracted from federal taxable income traveling expenses, as defined in ORS 316.811, incurred by a construction worker during the first year of continuous employment on the same construction job site. However, if employment on the same construction job site is temporarily interrupted for any reason whatsoever, the period of interruption shall not be taken into account in determining the one-year period. [Formerly 316.058]

�� 316.815 [1953 c.304 �102; 1955 c.582 �1; repealed by 1969 c.493 �99]

�� 316.818 Proof of expenses. The modification to federal taxable income by ORS 316.812 shall be substantiated by any proof required by the Department of Revenue by rule. The requirement for substantiation may be waived partially, conditionally or absolutely, as provided under ORS 315.063. [Formerly 316.059; 1995 c.54 �13]

�� 316.820 [1953 c.304 �103; 1963 c.627 �19 (referred and rejected); repealed by 1969 c.493 �99]

�� 316.821 Federal election to deduct sales taxes; addition for state purposes. (1) A taxpayer that elects to deduct state and local sales taxes under section 164(b)(5) of the Internal Revenue Code for federal tax purposes must make the same election for purposes of the tax imposed by this chapter.

�� (2) A taxpayer that elects to deduct state and local sales taxes under section 164(b)(5) of the Internal Revenue Code for federal tax purposes shall add the amount deducted to federal taxable income for purposes of the tax imposed by this chapter. [2005 c.832 �30]

�� 316.824 Definitions for ORS 316.824 and 316.832. As used in ORS 316.824 and 316.832:

�� (1) �Forest products� means any merchantable form including but not limited to logs, poles and piling, into which a fallen tree may be cut before it undergoes manufacturing.

�� (2) �Logger� means a person commonly known as a faller or bucker who furnishes and maintains personal equipment in the commercial harvesting of forest products and who is paid on a per-unit cut basis.

�� (3) �Logging operation site� means the specific location of the commercial harvesting of forest products.

�� (4) �Traveling expenses� means daily transportation expenses that:

�� (a) Are not otherwise deductible under the federal Internal Revenue Code.

�� (b) Are incurred by a logger in job-related travel between a logging operation site located more than 50 miles from the principal residence of the logger.

�� (5) �Traveling expenses� includes gas, oil and automobile repairs and maintenance but does not include meals or lodging. [Formerly 316.061]

�� 316.825 [1953 c.304 �104; repealed by 1969 c.493 �99]

�� 316.827 [1957 s.s. c.15 �7; last sentence derived from 1957 s.s. c.15 �8; 1963 c.627 �20 (referred and rejected); repealed by 1969 c.493 �99]

�� 316.830 [1953 c.304 �105; repealed by 1969 c.493 �99]

�� 316.832 Travel expenses for loggers. (1) In addition to the modifications to federal taxable income contained in this chapter, there shall be subtracted from federal taxable income traveling expenses incurred by a logger in job-related travel.

�� (2) The modification to federal taxable income by subsection (1) of this section shall be substantiated by any proof required by the Department of Revenue by rule. The requirement for substantiation may be waived partially, conditionally or absolutely, as provided under ORS 315.063. [Formerly 316.063; 1995 c.54 �14; 2011 c.83 �20]

�� 316.834 [1991 c.863 �33; repealed by 2009 c.33 �23]

�� 316.835 [1953 c.304 �106; repealed by 1969 c.493 �99]

�� 316.836 Qualified production activities income. A taxpayer that is allowed a deduction for qualified production activities income under section 199 of the Internal Revenue Code for federal tax purposes shall add the amount deducted to federal taxable income for purposes of the tax imposed by this chapter. [2005 c.832 �41]

�� 316.837 Addition for federal prescription drug plan subsidies excluded for federal tax purposes. A taxpayer that is allowed an exclusion from gross income under section 139A of the Internal Revenue Code for federal tax purposes shall add the amount excluded to federal taxable income for purposes of the tax imposed by this chapter. [2005 c.832 �42]

�� 316.838 Art object donation. (1) As used in this section, �art object� means a painting, sculpture, photograph, graphic or craft art, industrial design, costume or fashion design, tape or sound recording or film.

�� (2) A subtraction from federal taxable income is allowed for a charitable contribution of an art object, if the art object has not been previously sold or otherwise transferred by its creator and the creator makes a charitable contribution of the art object that qualifies for the deduction allowed by section 170 of the Internal Revenue Code for the tax year.

�� (3) The subtraction under this section shall equal any positive amount obtained by subtracting the amount otherwise deductible on the Oregon tax return of the taxpayer-creator for the tax year as charitable contributions from the amount that would have been deductible by the taxpayer-creator if the deduction for charitable contributions had been computed without reduction in amount under section 170 (e) of the Internal Revenue Code for the art object charitably contributed by its creator.

�� (4) The taxpayer-creator is not allowed a subtraction under this section unless the taxpayer-creator obtains an appraisal report showing the fair market value of the art object at the time the contribution was made. [Formerly 316.064; 1989 c.938 �1; 2021 c.36 �1]

�� 316.840 [1953 c.304 �107; 1961 c.506 �3; repealed by 1969 c.493 �99]

�� 316.844 Special computation of gain or loss where farm use value used. (1) Notwithstanding any other provision of this chapter, when gain or loss that is included in federal taxable income is derived from the disposition of property and the gain, loss or basis computed with respect to that disposition involves, in whole or in part, property that was valued at the property�s value for farm use or as forestland under ORS 118.155 (1995 Edition), then there shall be added to federal taxable income the difference between the taxable gain or loss that would otherwise be determined under this chapter and the gain or loss that would be taxable had the basis for federal tax purposes been computed using the forest or farm use value provided for under ORS 118.155 (1995 Edition) instead of the basis computed pursuant to section 1014 of the Internal Revenue Code.

�� (2) This section applies to gains and losses from dispositions of property acquired from a decedent, or from property the basis of which is computed in whole or in part with respect to property acquired from a decedent, whose death occurred before January 1, 1987. [Formerly 316.081; 1987 c.646 �13; 1997 c.99 �19]

�� 316.845 Exception to ORS 316.844. ORS 316.844 shall not apply in any case in which a carryover basis for certain property acquired from a decedent dying after December 31, 1976, is provided by section 1014 of the Internal Revenue Code. [Formerly 316.083]

�� 316.846 Scholarship awards used for housing expenses. (1) There shall be subtracted from federal taxable income amounts received from a scholarship awarded to the taxpayer or a dependent of the taxpayer that are used for housing expenses of the scholarship recipient at the time the scholarship recipient is attending an accredited community college, college, university or other institution of higher education.

�� (2) A subtraction may not be allowed under this section if the amounts described in subsection (1) of this section:

�� (a) Are not included in the taxpayer�s federal gross income for the tax year; or

�� (b) Are taken into account as a deduction on the taxpayer�s federal income tax return for the tax year. [1999 c.747 �2]

�� 316.847 National service educational award. (1) There shall be subtracted from federal taxable income amounts received as a national service educational award under 42 U.S.C. 12602, following completion of the required term of service in 42 U.S.C. 12593(b).

�� (2) A subtraction may not be allowed under this section if the amounts described in subsection (1) of this section:

�� (a) Are not included in the taxpayer�s federal gross income for the tax year; or

�� (b) Are taken into account as a deduction on the taxpayer�s federal income tax return for the tax year. [2021 c.525 �36]

�� Note: Section 37, chapter 525, Oregon Laws 2021, provides:

�� Sec. 37. Section 36 of this 2021 Act [316.847] applies to amounts received in tax years beginning on or after January 1, 2021, and before January 1, 2027. [2021 c.525 �37]

�� 316.848 Individual development accounts. (1) In addition to the other modifications to federal taxable income contained in this chapter, there shall be subtracted from federal taxable income the amount of taxpayer deposits to an individual development account established by the taxpayer under ORS 458.685.

�� (2) Matching deposits made by a fiduciary organization to an individual development account, and interest accruing on account holder deposits and matching deposits, are exempt from taxation until withdrawn by the taxpayer.

�� (3) Moneys withdrawn by the taxpayer from an individual development account for an approved purpose, as described under ORS 458.685, are exempt from taxation under this chapter. A withdrawal by a taxpayer for a purpose other than an approved purpose is taxable under this chapter. [1999 c.1000 �10]

�� 316.849 [Formerly 316.145; repealed by 1993 c.475 �3]

�� 316.850 Personal casualty loss. (1) There shall be subtracted from federal taxable income any amount of personal casualty loss that is incurred in Oregon and that would be deductible under section 165(c) and (h) of the Internal Revenue Code, but for the operation of section 165(h)(5) of the Internal Revenue Code.

�� (2) A subtraction under this section is allowed only for a personal casualty loss that:

�� (a) Results from an event that is the subject of a state of emergency declared by the Governor; or

�� (b) Occurs in an area subject to a Governor�s executive order invocating the Emergency Conflagration Act under ORS 476.510 to 476.610.

�� (3) A subtraction may not be allowed under this section if the amount described in subsection (1) of this section:

�� (a) Is a loss from theft; or

�� (b) Is taken into account as a deduction on the taxpayer�s federal income tax return for the tax year. [2023 c.324 �2]

�� Note: Section 3, chapter 324, Oregon Laws 2023, provides:

�� Sec. 3. Section 2 of this 2023 Act [316.850] applies to tax years beginning on or after January 1, 2020, and before January 1, 2026. [2023 c.324 �3]

�� 316.852 [1999 c.358 �2; 2011 c.301 �3; repealed by 2025 c.36 �4]

�� 316.853 Addition for amount deducted as deemed repatriation. In addition to the other modifications to federal taxable income contained in this chapter, to derive Oregon taxable income there shall be added to federal taxable income any amount deducted, for the tax year, for federal income tax purposes under section 965(c)(1) of the Internal Revenue Code. [2019 c.556 �2]

�� 316.854 [Formerly 316.150; 1985 c.802 �16a; repealed by 1987 c.293 �70]

�� 316.855 [1953 c.304 �108; 1963 c.305 �1; repealed by 1969 c.493 �99]

�� 316.856 Severance pay; rules. (1) As used in this section:

�� (a) �Invest� means to exchange cash for equity, debt, convertible debt or management responsibilities, accompanied by terms that substantiate ownership or control of an interest in a business. �Invest� does not mean to make a loan to a business.

�� (b) �Material participation� has the meaning given that term in section 469 of the Internal Revenue Code.

�� (c) �Severance pay� means funds paid to an employee upon termination of employment, other than back wages, vacation pay or sick pay.

�� (d) �Small business� has the meaning given that term in ORS 183.310.

�� (2) There shall be subtracted from federal taxable income an amount equal to severance pay that a taxpayer receives during the tax year and invests in a new or existing small business in this state if:

�� (a) The investment occurs on or before the due date for the return for the tax year or the expiration of the extension period for filing that return, if any;

�� (b) The investment continues for at least 24 months following termination of employment;

�� (c) The taxpayer materially participates in the small business;

�� (d) The taxpayer has not previously claimed a subtraction under this section; and

�� (e) The small business is not the employer that paid the severance pay and does not have any owner in common with the employer that paid the severance pay.

�� (3) The subtraction under this section may not exceed the lesser of:

�� (a) The minimum balance of principal that remains invested by the taxpayer in the small business at the close of any month during the 24 months following termination of employment; or

�� (b) $500,000.

�� (4) If at any time the Department of Revenue determines that a taxpayer is not in compliance with any of the provisions of this section, the department shall disallow the subtraction under this section. Upon this disallowance, the department shall determine the amount of tax due absent the subtraction under this section and immediately shall collect any taxes due by reason of the disallowance.

�� (5) The Department of Revenue shall establish by rule procedures for administering this section, including procedures for verifying the receipt of severance pay by the taxpayer. [2010 c.66 �2]

�� 316.857 [1989 1985 c.352 �2; renumbered

ORS 316.970

316.970]

�� 316.803 Obligations of financial institution; provision of certificates to account holders. (1) On or before January 31 of each calendar year, for calendar years beginning before January 1, 2025, a financial institution at which an account holder has created a first-time home buyer savings account shall provide to the account holder a certificate containing the following information:

�� (a) The date when the account was created;

�� (b) The name of the account holder;

�� (c) The amount of funds contributed to the account during the tax year;

�� (d) The amount of funds withdrawn from the account during the tax year; and

�� (e) Any other information as required by rules adopted by the Department of Revenue.

�� (2) A financial institution is not required to:

�� (a) Track the use of moneys withdrawn from a first-time home buyer savings account;

�� (b) Allocate funds in a first-time home buyer savings account among joint account holders; or

�� (c) Designate an account as a first-time home buyer savings account, including in the account contracts or systems of the financial institution.

�� (3) An account holder or a joint account holder may designate an account at a financial institution as a first-time home buyer savings account and may designate a proposed first-time home buyer as the qualified beneficiary of the account. The designations required under this subsection shall be made to the Department of Revenue, in a form and manner prescribed by the department. The department may provide a means by which the designations required under this subsection are indicated on an income tax return filed by the account holder.

�� (4) A financial institution is not responsible or liable for:

�� (a) Determining or ensuring that an account satisfies the requirements to be a first-time home buyer savings account;

�� (b) Determining or ensuring that funds in a first-time home buyer savings account are used for eligible costs; or

�� (c) Reporting or remitting taxes or penalties related to the use of a first-time home buyer savings account.

�� (5) Upon being furnished proof of the death of the account holder and such other information required by the contract governing the first-time home buyer savings account, a financial institution shall distribute the principal and accumulated interest or other income in the first-time home buyer savings account in accordance with the terms of the contract governing the account. [2018 c.109 �8; 2024 c.53 �6]

�� Note: Section 9, chapter 109, Oregon Laws 2018, provides:

�� Sec. 9. ORS 316.796 to 316.803 [series became 316.796 to 316.808] apply to tax years beginning on or after January 1, 2019, and before January 1, 2042. [2018 c.109 �9; 2025 c.562 �24]

�� 316.805 [1953 c.304 �100; repealed by 1969 c.493 �99]

�� 316.806 [Formerly 316.057; renumbered

ORS 319.330

319.330, if such person has:

�� (a) Purchased and used such fuel for the purpose of operating or propelling a stationary gas engine, a tractor or a motor boat, if the motor boat is used for commercial purposes at any time during the period for which the refund is claimed;

�� (b) Purchased and used such fuel for cleaning or dyeing or other commercial use, except when used in motor vehicles operated upon any highway;

�� (c) Purchased and exported such fuel from this state, in containers other than fuel supply tanks of motor vehicles, provided that the person:

�� (A) Exports the motor vehicle fuel from this state to another state, territory or country, not including a federally recognized Indian reservation located wholly or partially within the borders of this state, where the motor vehicle fuel is unloaded; and

�� (B) Has a valid motor vehicle fuel dealer�s license or its equivalent issued by the state, territory or country to which the fuel is exported and where it is unloaded;

�� (d) Purchased and exported such fuel in the fuel supply tank of a motor vehicle and has used such fuel to operate the vehicle upon the highways of another state, if the user has paid to the other state a similar motor vehicle fuel tax on the same fuel, or has paid any other highway use tax the rate for which is increased because such fuel was not purchased in, and the tax thereon paid, to such state; or

�� (e) Purchased and used such fuel for small engines that are not used to propel motor vehicles on highways, including but not limited to those that power lawn mowers, leaf blowers, chain saws and similar implements.

�� (2) When a motor vehicle with auxiliary equipment uses fuel and there is no auxiliary motor for such equipment or separate tank for such a motor, a refund may be claimed and allowed as provided by subsection (4) of this section, except as otherwise provided by this subsection, without the necessity of furnishing proof of the amount of fuel used in the operation of the auxiliary equipment. The person claiming the refund may present to the Department of Transportation a statement of the claim and be allowed a refund as follows:

�� (a) For fuel used in pumping aircraft fuel, motor vehicle fuel, fuel or heating oils or other petroleum products by a power take-off unit on a delivery truck, refund shall be allowed claimant for tax paid on fuel purchased at the rate of three-fourths of one gallon for each 1,000 gallons of petroleum products delivered.

�� (b) For fuel used in operating a power take-off unit on a cement mixer truck or on a garbage truck, claimant shall be allowed a refund of 25 percent of the tax paid on all fuel used in such a truck.

�� (3) When a person purchases and uses motor vehicle fuel in a vehicle equipped with a power take-off unit, a refund may be claimed for fuel used to operate the power take-off unit provided the vehicle is equipped with a metering device approved by the department and designed to operate only while the vehicle is stationary and the parking brake is engaged; the quantity of fuel measured by the metering device shall be presumed to be the quantity of fuel consumed by the operation of the power take-off unit.

�� (4) Before any such refund may be granted, the person claiming such refund must present to the department a statement, accompanied by the original invoices, or reasonable facsimiles approved by the department, showing such purchases; provided that in lieu of original invoices or facsimiles, refunds submitted under subsection (1)(d) of this section shall be accompanied by information showing source of the fuel used and evidence of payment of tax to the state in which the fuel was used. The statement shall be made over the signature of the claimant, and shall state the total amount of such fuel for which the claimant is entitled to be reimbursed under subsection (1) of this section. The department upon the presentation of the statement and invoices or facsimiles, or other required documents, shall cause to be repaid to the claimant from the taxes collected on motor vehicle fuel such taxes so paid by the claimant. [Amended by 1959 c.186 �3; 1963 c.257 �2; 1969 c.465 �1; 1971 c.163 �1; 1973 c.135 �1; 1985 c.152 �1; 1997 c.364 �1; 2001 c.820 �4; 2003 c.56 �2; 2013 c.781 �19; 2019 c.428 �5]

�� 319.290 Limitation on applications for refunds. Applications for refunds made under ORS 319.280,

ORS 319.681

319.681, 319.690 or 319.692, interest shall be charged at the rate of 0.0329 percent per day until the tax and interest have been paid in full.

�� (b) If the excise tax imposed by ORS 319.530 is overpaid, the department may credit interest to the account of the taxpayer in the amount of 0.0329 percent per day up to a maximum amount that equals any interest assessed against the taxpayer under paragraph (a) of this subsection in any given audit period.

�� (4) No seller or user who incurs a tax liability as provided in ORS 319.510 to 319.880 shall knowingly and willfully fail to report and pay the tax liability to the department as required by ORS 319.510 to 319.880. [1959 c.188 �18; 1963 c.226 �8; 1971 c.149 �3; 1987 c.158 �51; 1987 c.610 �18; 1999 c.769 �14]

�� 319.697 Records required of sellers and users; alternative records for certain users. (1) Every user of fuel in a motor vehicle required to be licensed under ORS 319.550 shall keep a record of fuel used and be prepared to prove that all the tax due and payable on fuel used has been paid. An invoice, described in ORS 319.671, properly filled out, is proof that any tax due which is shown on the invoice as paid was paid for the fuel covered by the invoice. The user�s record of fuel used for any purpose, other than fuel obtained from a seller who collected the tax, shall indicate the date the fuel was obtained, the name and address of the seller from whom the fuel was obtained, and the amount of fuel obtained, in gallons.

�� (2) In lieu of maintaining an actual record of fuel used, a user required to be licensed under ORS 319.550 who operates a motor vehicle with a light weight of less than 8,000 pounds may maintain an accurate record of miles operated upon Oregon highways. The gallons of taxable fuel used shall be computed by applying a reasonable miles per gallon figure to the Oregon miles operated. The Department of Transportation shall determine whether the miles per gallon figure is reasonable and its decision shall be final.

�� (3) Every seller of fuel for any purpose shall keep a record of fuel sold for any purpose and shall be prepared to prove that all the tax provided by ORS 319.530 has been remitted to the department. The department may specify the form of the seller�s record.

�� (4) Every seller, and every user of fuel in a motor vehicle required to be licensed under ORS

ORS 323.500

323.500, or 3.0 ounces of chewing tobacco. [2009 c.717 �18]

�� 323.813 Findings and purpose. (1) The use of smokeless tobacco products presents serious public health concerns to the State of Oregon and to the residents of the State of Oregon. The United States Surgeon General has determined that use of smokeless tobacco causes cancer, noncancerous oral conditions and other serious diseases, and that there are hundreds of thousands of tobacco-related deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins using tobacco products.

�� (2) Use of smokeless tobacco products also presents serious financial concerns for this state. Under certain health care programs, the State of Oregon may have a legal obligation to provide medical assistance to eligible persons for health conditions associated with the use of smokeless tobacco, and those persons may have a legal entitlement to receive such medical assistance.

�� (3) Under those health care programs, the State of Oregon pays millions of dollars each year to provide medical assistance for persons for health conditions associated with the use of smokeless tobacco products.

�� (4) It is the policy of the State of Oregon that financial burdens imposed on this state by the use of smokeless tobacco be borne by tobacco product manufacturers rather than by this state to the extent that such manufacturers either determine to enter into a settlement with the State of Oregon or are found culpable by the courts.

�� (5) On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, titled the �Smokeless Tobacco Master Settlement Agreement,� with the State of Oregon. The Smokeless Tobacco Master Settlement Agreement obligates those manufacturers, in return for a release of past, present and certain future claims against them as described in the Smokeless Tobacco Master Settlement Agreement:

�� (a) To pay substantial sums to the State of Oregon (tied in part to their volume of sales);

�� (b) To fund a national foundation devoted to the interests of public health; and

�� (c) To make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking.

�� (6) It would be contrary to the policy of the State of Oregon if those tobacco product manufacturers who determine not to enter into such a settlement could use a resulting cost advantage to derive large, short-term profits in the years before liability may arise without ensuring that this state will have an eventual source of recovery from them if they are proven to have acted culpably. It is thus in the interest of the State of Oregon to require that such manufacturers establish a reserve fund to guarantee a source of compensation and to prevent such manufacturers from deriving large, short-term profits and then becoming judgment-proof before liability may arise. [2009 c.717 �19]

�� 323.816 Required actions by manufacturer. (1) Any tobacco product manufacturer selling smokeless tobacco products to consumers within the State of Oregon (whether directly or through a distributor, retailer or similar intermediary or intermediaries) after September 28, 2009, shall do one of the following:

�� (a) Comply with the requirements imposed on Participating Manufacturers that are set forth in sections III, V and VII of the Smokeless Tobacco Master Settlement Agreement; or

�� (b) Place into a qualified escrow fund, by April 15 of the year following the year in question, the amount of $0.40 per unit sold for 2010 or such amount adjusted for inflation for each year thereafter.

�� (2) A tobacco product manufacturer that places funds into escrow pursuant to this section shall receive the interest or other appreciation on such funds as earned. The funds themselves shall be released from escrow only under the following circumstances:

�� (a) To pay a judgment or settlement on any released claim brought against such tobacco product manufacturer by the State of Oregon or any releasing party located or residing in this state. Funds shall be released from escrow under this paragraph in the order in which they were placed into escrow and only to the extent and at the time necessary to make payments required under such judgment or settlement;

�� (b) To refund any excess amount owed to a tobacco product manufacturer when the tobacco product manufacturer establishes that the amount it was required to place into escrow on account of units sold in Oregon in a particular year was greater than the Smokeless Tobacco Master Settlement Agreement payments, as determined pursuant to section IX(c) of that agreement after final determination of all adjustments, that the manufacturer would have been required to make on account of such units sold had it been a Participating Manufacturer, as defined in section II(ee) of the Smokeless Tobacco Master Settlement Agreement; or

�� (c) To refund funds to a tobacco product manufacturer 25 years after the date on which they were placed in escrow, only if the funds were not released from escrow under paragraph (a) or (b) of this subsection.

�� (3) Each tobacco product manufacturer that elects to place funds into escrow pursuant to this section shall annually certify to the Attorney General that it is in compliance with this section. The Attorney General may bring a civil action on behalf of the State of Oregon against any tobacco product manufacturer that fails to place into escrow the funds required under this section. Any tobacco product manufacturer that fails in any year to place into escrow the funds required under this section shall:

�� (a) Be required within 15 days to place such funds into escrow as shall bring the manufacturer into compliance with this section. The court, upon a finding of a violation of this section, may impose a civil penalty to be paid to the General Fund of this state in an amount not to exceed five percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 100 percent of the original amount improperly withheld from escrow;

�� (b) In the case of a knowing violation, be required within 15 days to place such funds into escrow as shall bring the manufacturer into compliance with this section. The court, upon a finding of a knowing violation of this section, may impose a civil penalty to be paid to the General Fund of this state in an amount not to exceed 15 percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 300 percent of the original amount improperly withheld from escrow; and

�� (c) In the case of a second knowing violation, be prohibited from selling smokeless tobacco products to consumers within the State of Oregon (whether directly or through a distributor, retailer or similar intermediary or intermediaries) for a period not to exceed two years. Each failure to make an annual deposit required under this section shall constitute a separate violation. [2009 c.717 �20]

FEDERAL CIGARETTE LABELING AND ADVERTISING ACT ENFORCEMENT

�� 323.850 Legislative findings. (1) The Legislative Assembly finds that consumers and retailers purchasing cigarettes are entitled to be assured through appropriate enforcement measures that cigarettes they purchase were manufactured for consumption within the United States.

�� (2) The Legislative Assembly declares that it is the intent of ORS 323.850 to 323.862 to align state law with the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1331 et seq.) and 26 U.S.C. 5754. [1999 c.1077 �1]

�� Note: 323.850 to 323.865 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 323 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 323.853 Definitions for ORS 323.850 to 323.862. As used in ORS 323.850 to 323.862:

�� (1) �Cigarette� means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use and consists of or contains:

�� (a) Any roll of tobacco wrapped in paper or in any substance not containing tobacco;

�� (b) Tobacco, in any form, that is functional in the product and that, because of its appearance, the type of tobacco used in the filler or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or

�� (c) Any roll of tobacco that is wrapped in any substance containing tobacco and that, because of its appearance, the type of tobacco used in the filler or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in paragraph (a) of this subsection.

�� (2) �Cigarette� includes �roll-your-own,� which is any tobacco that, because of its appearance, type, packaging or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes. For purposes of the definition of �cigarette,� 0.09 ounces of �roll-your-own� tobacco shall constitute one individual �cigarette.�

�� (3) �Cigarette distributor� means any person or business that sells or distributes cigarettes to a tobacco retailer.

�� (4) �Package� means a package, carton or container of any kind in which cigarettes are offered for sale, sold or otherwise distributed or intended for distribution to consumers.

�� (5) �Tobacco product manufacturer� has the meaning given that term in ORS 323.800.

�� (6) �Tobacco retailer� means any person or business that offers cigarettes for sale to members of the public. [1999 c.1077 �2]

�� Note: See note under 323.850.

�� 323.856 Tax stamps prohibited on cigarette packages not meeting federal requirements. (1) No tax stamp may be affixed to, or made upon, any package of cigarettes if:

�� (a) The package differs in any respect from all the requirements of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1331 et seq.) on October 23, 1999, for the placement of labels, warnings or any other information upon a package of cigarettes that is to be sold within the United States;

�� (b) The package has been imported into the United States in violation of 26 U.S.C. 5754 or 19 U.S.C. 1681a, or implementing regulations of the federal laws listed in this paragraph;

�� (c) The package is labeled �For Export Only,� �U.S. Tax Exempt,� �For Use Outside U.S.� or similar wording indicating that the manufacturer did not intend that the product be sold in the United States; or

�� (d) The package, or package containing individually stamped packages, has been altered by adding, masking or deleting the wording described in paragraph (c) of this subsection.

�� (2) Any person who sells or holds for sale cigarette packages to which are affixed a tax stamp in violation of this section commits the same offense as possessing or selling cigarettes without a tax stamp.

�� (3) The Department of Justice shall notify the Department of Revenue in writing when a determination has been made that a cigarette distributor, on or after the date specified in the notice issued under ORS 323.859, has sold or held for resale cigarette packages to which a stamp has been affixed in violation of this section. Upon notification of such violation, the Department of Revenue shall automatically suspend the license of the cigarette distributor for a period of 90 days. Upon determination by the Department of Justice of any subsequent violation of this section by the distributor, the Department of Revenue shall revoke the distributor�s license consistent with the provisions of ORS 323.140.

�� (4) On or after the date specified in the notice issued under ORS 323.859, the Oregon State Police or any other law enforcement agency may seize or, acting in coordination with the Department of Revenue, destroy or sell back for destruction or export only to the manufacturer or licensed exporter �only to export� cigarette packages to which is affixed a tax stamp in violation of this section. Notwithstanding the provisions of ORS 323.320, the Department of Revenue shall not refund or credit to a distributor the denominated value of tax stamps when such seizure, destruction or sale back to the manufacturer has occurred.

�� (5) A violation of this section is an unlawful practice under ORS 336.184 and 646.605 to

ORS 323.530

323.530 and any applicable retailer�s license required by a jurisdiction into which a delivery sale of tobacco is made. [2003 c.804 �76a; 2021 c.179 �10]

�� 323.715 Notice requirements for delivery sales. The notice required under ORS 323.709 (3) shall include:

�� (1) A prominent and clearly legible statement that tobacco sales to persons under 21 years of age are illegal;

�� (2) A prominent and clearly legible statement that sales of tobacco are restricted to those individuals who provide verifiable proof of age in accordance with ORS 323.709; and

�� (3) A prominent and clearly legible statement that sales of cigarettes are subject to tax under ORS 323.005 to 323.482 and that sales of other tobacco products are subject to tax under ORS 323.500 to 323.645, and an explanation of how the applicable tax has been paid or is to be paid. [2003 c.804 �77; 2021 c.179 �11]

�� 323.718 [2003 c.804 �78; 2017 c.701 �13; repealed by 2021 c.179 �13]

�� 323.721 Delivery sales reporting requirements. (1) Prior to delivering, mailing or shipping tobacco in connection with a delivery sale, a person who accepts purchase orders for delivery sales shall file a statement with the Department of Revenue. The statement shall set forth the name, trade name and address of the principal place of business of the seller and any other place of business of the seller.

�� (2) Not later than the 10th day of each calendar month, each person that has made a delivery sale or delivered, mailed or shipped tobacco or contracted with another party for delivery service in connection with a delivery sale made during the previous calendar month shall file a memorandum of sale or a copy of the delivery sales invoice with the Department of Revenue. The memorandum or delivery sales invoice shall provide, for each delivery sale made during the previous calendar month:

�� (a) The name and address of the consumer to whom the delivery sale was made;

�� (b) The brand or brands of the tobacco that were sold in the delivery sale; and

�� (c) The quantity of tobacco that was sold in the delivery sale.

�� (3) A person that satisfies the requirements of 15 U.S.C. 376 is deemed to meet the requirements of this section. [2003 c.804 �79]

�� 323.724 Noncompliant delivery sales of tobacco prohibited. A person that accepts a purchase order for a delivery sale of tobacco may not make a delivery sale of tobacco to a person in this state if the delivery sale of tobacco does not comply with the requirements of this chapter. [2003 c.804 �80; 2021 c.179 �12]

�� 323.727 Penalties for violating ORS 323.700 to 323.730; seizure and forfeiture. (1) Except as otherwise provided in this section:

�� (a) The first time a person violates a provision of ORS 323.700 to 323.730, the person shall be subject to a penalty of $1,000 or five times the retail value of the tobacco involved in the violation, whichever is greater; and

�� (b) In the case of a second or subsequent violation of ORS 323.700 to 323.730, the person shall be subject to a penalty of $5,000 or five times the retail value of the tobacco involved in the violation, whichever is greater.

�� (2) A person who knowingly violates a provision of ORS 323.700 to 323.730 or who knowingly submits a false certification under ORS 323.709 under the name of another person:

�� (a) Shall be subject to a penalty of $10,000 or five times the retail value of the tobacco involved, whichever is greater; or

�� (b) May be imprisoned for a period of not more than five years.

�� (3) A person who accepts a purchase order for a delivery sale and, in connection with the sale, fails to pay a tax due under ORS 323.005 to 323.482 or 323.500 to 323.645 shall pay a penalty of five times the amount of tax due and not timely paid under ORS

ORS 329A.450

329A.450 or as the premises of an exempt family child care provider participating in the subsidy program under ORS 329A.500; or

�� (B) By any home or facility that is licensed under ORS 443.400 to 443.455 or 443.705 to 443.825 to provide residential care alone or in conjunction with treatment or training or a combination thereof.

�� (2) A condominium that includes units used for residential purposes or planned community, including a community not subject to ORS 94.550 to 94.783, may not include in a recorded instrument governing the community and may not enforce any provision that would restrict the use of the community or the lots or units of the community because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status, source of income, disability or the number of individuals, including family members, persons of close affinity or unrelated persons, who are simultaneously occupying a dwelling unit within occupancy limits.

�� (3) Any provision in an instrument executed in violation of subsection (1) or (2) of this section is void and unenforceable.

�� (4) An instrument that contains a provision restricting the use of real property in a manner listed in subsection (1)(b) of this section does not give rise to any public or private right of action to enforce the restriction.

�� (5)(a) An instrument that contains a provision restricting the use of real property by requiring roofing materials with a lower fire rating than that required in the state building code established under ORS chapter 455 does not give rise to any public or private right of action to enforce the restriction in an area determined by a local jurisdiction as a wildfire hazard zone. Prohibitions on public or private right of action under this paragraph are limited solely to considerations of fire rating.

�� (b) As used in this subsection, �wildfire hazard zones� are areas that are legally declared by a governmental agency having jurisdiction over the area to have special hazards caused by a combination of combustible natural fuels, topography and climatic conditions that result in a significant hazard of catastrophic fire over relatively long periods each year. Wildfire hazard zones shall be determined using criteria established by the State Forestry Department. [1973 c.258 �1; 1989 c.437 �1; 1991 c.801 �7; 1993 c.311 �1; 1993 c.430 �3; 2007 c.70 �20; 2007 c.100 �16; 2009 c.595 �61; 2017 c.221 �1; 2018 c.35 �2; 2021 c.67 �1; 2021 c.367 ��5,5a]

�� 93.271 Amending declarations or bylaws to remove discriminatory provisions; recording; filing. (1) Notwithstanding ORS 94.590, 94.625, 100.110, 100.135, 100.411 or 100.413 or any requirement of the declaration or bylaws, an amendment to the declaration or bylaws of a planned community or condominium is effective and may be made and recorded in the county clerk�s office of a county in which any portion of the property is situated without the vote of the owners or the board members and without the prior approval of the Real Estate Commissioner, county assessor or any other person if:

�� (a) The amendment is made to conform the declarations or bylaws to the requirements of ORS 93.270 (2); and

�� (b) The amendment is signed by the president and secretary of the homeowners association.

�� (2) The first page or cover sheet of an instrument amending the declaration or bylaws must comply with the recording requirements of ORS chapter 205 and must be in substantially the following form:

AMENDMENT OF [DECLARATION/BYLAWS]

TO COMPLY WITH ORS 93.270 (2).

�� Pursuant to this section, the undersigned states:

�� 1. The undersigned are the president and secretary for the [homeowners/condominium owners] association _ (name) in _ County.

�� 2. This document amends the [declaration/bylaws] of the association.

�� 3. The [declaration was/bylaws were] first recorded under instrument number (or book and page number) __ recorded on _.

�� 4. The [declaration was/bylaws were] most recently amended or restated, if ever, under instrument number (or book and page number) _ recorded on _.

�� 5. The undersigned have determined that the current [declarations/bylaws] of the [planned community/condominium], as last amended or revised, may fail to comply with ORS 93.270. The following amendments to the [declaration/bylaws] remove provisions that are not allowed and are unenforceable under ORS 93.270 (2). No other changes to the document are being made except as may be necessary to correct scriveners� errors or to conform format and style.

�� 6. Under this section, a vote of the association is not required.

�� 7. The description of the real property in ___ County affected by this document is:

�� ____

Dated this _ day of _ 20___.

Name: _____

President, ______ (association name)

Address: ___

Phone No.: __

Dated this _ day of _ 20___.

Name: _____

Secretary, ___ (association name)

Address: ___

Phone No.: __

STATE OF OREGON�� )

�� )�� ss.

County of _____�� )

�� The foregoing instrument was acknowledged before me this ___ day of __ 20_ by __ and ____.

Notary Public for Oregon

My commission expires: ___

�� (3) If an instrument recorded under this section affects a condominium, the condominium association shall file a copy of the recorded instrument with the Real Estate Commissioner. [2023 c.223 �25]

�� 93.272 Procedure for removal of certain restrictions. (1) Except as otherwise provided in ORS 93.274, any owner of record of real property that is subject to an instrument conveying or contracting to convey fee title to the property, or a declaration recorded under ORS 94.580, that contains a provision that is in violation of ORS 93.270 may file a petition to remove that provision from the title to the property. The petition shall be filed in the circuit court for the county in which the property is located. For a petition filed under this section, the court may not charge any filing fees to the petitioner and may not award a prevailing party fee to any party. The petition shall contain:

�� (a) The name and mailing address of the person filing the petition;

�� (b) The name and mailing address of all owners of record of the property;

�� (c) The legal description of the property subject to the provision in violation of ORS

ORS 329A.706

329A.706.

�� (3) The credit allowed under this section may not exceed the lesser of 50 percent of the amount contributed in the tax year or the tax liability of the taxpayer for the tax year in which the credit is claimed.

�� (4) If the amount claimed as a credit under this section is allowed as a deduction for federal tax purposes, the amount allowed as a credit under this section shall be added to federal taxable income for Oregon tax purposes.

�� (5) A credit under this section may be claimed by a nonresident or part-year resident without proration.

�� (6) Any tax credit otherwise allowable under this section that is not used by the taxpayer in a particular tax year may be carried forward and offset against the taxpayer�s tax liability for the next succeeding tax year. Any credit remaining unused in the next succeeding tax year may be carried forward and used in the second succeeding tax year, and likewise any credit not used in that second succeeding tax year may be carried forward and used in the third succeeding tax year, and any credit not used in that third succeeding tax year may be carried forward and used in the fourth succeeding tax year, but may not be carried forward for any tax year thereafter.

�� (7) The definitions in ORS 329A.700 apply to this section. [2001 c.674 �10; 2003 c.473 �8; 2013 c.624 �79; 2015 c.701 �20; 2023 c.554 �49]

�� Note: Section 13, chapter 674, Oregon Laws 2001, provides:

�� Sec. 13. ORS 315.213 applies to tax years beginning on or after January 1, 2002, and before January 1, 2022. [2001 c.674 �13; 2003 c.473 �9; 2007 c.880 �1; 2009 c.913 �47; 2015 c.701 �25]

�� 315.215 [Repealed by 1965 c.26 �6]

�� 315.234 [1993 c.730 �26 (enacted in lieu of 316.133 and 317.134); 1995 c.54 �6; 1995 c.746 �49; repealed by 2005 c.94 �81]

�� 315.237 Employee and dependent scholarship program payments. (1) As used in this section, �qualified scholarship� means a scholarship that meets the criteria set forth or incorporated into the letter of employee and dependent scholarship program certification issued under ORS 348.618.

�� (2) A credit against the taxes otherwise due under ORS chapter 316 is allowed to a resident employer (or, if the taxpayer is a corporation that is an employer, under ORS chapter 317 or 318) that has received:

�� (a) Program certification under ORS 348.618; and

�� (b) Tax credit certification under ORS 348.621 for the calendar year in which the tax year of the taxpayer begins.

�� (3) The amount of the credit allowed to a taxpayer under this section shall equal 50 percent of the amount of qualified scholarship funds actually paid to or on behalf of qualified scholarship recipients during the tax year.

�� (4) The credit allowed under this section may not exceed the tax liability of the taxpayer for the tax year.

�� (5) The credit allowed to a taxpayer for a tax year under this section may not exceed $50,000.

�� (6) Any tax credit otherwise allowable under this section that is not used by the taxpayer in a particular year may be carried forward and offset against the taxpayer�s tax liability for the next succeeding tax year. Any credit remaining unused in the next succeeding tax year may be carried forward and used in the second succeeding tax year, and likewise any credit not used in that second succeeding tax year may be carried forward and used in the third succeeding tax year, and any credit not used in that third succeeding tax year may be carried forward and used in the fourth succeeding tax year, and any credit not used in that fourth succeeding tax year may be carried forward and used in the fifth succeeding tax year, but may not be carried forward for any tax year thereafter.

�� (7) In the case of a credit allowed under this section for purposes of ORS chapter 316:

�� (a) A nonresident shall be allowed the credit under this section in the proportion provided in ORS 316.117.

�� (b) If a change in the status of a taxpayer from resident to nonresident or from nonresident to resident occurs, the credit allowed by this section shall be determined in a manner consistent with ORS 316.117.

�� (c) If a change in the taxable year of a taxpayer occurs as described in ORS 314.085, or if the Department of Revenue terminates the taxpayer�s taxable year under ORS 314.440, the credit allowed under this section shall be prorated or computed in a manner consistent with ORS 314.085.

�� (8) The credit shall be claimed on the form and in the time and manner in which the department shall prescribe. If the taxpayer is required to do so by the department, the taxpayer shall file a copy of the letter of tax credit certification with the taxpayer�s return for the tax year in which a credit under this section is claimed. [2001 c.475 �8; 2011 c.637 �102; 2019 c.384 �10]

�� Note: Section 24, chapter 913, Oregon Laws 2009, provides:

�� Sec. 24. Except as provided in ORS 315.237 (6), a credit may not be claimed under ORS 315.237 for tax years beginning on or after January 1, 2030. [2009 c.913 �24; 2013 c.750 �17; 2019 c.579 �29; 2023 c.490 �11]

�� 315.254 [1993 c.730 �28 (enacted in lieu of 316.151, 317.141 and 318.085); repealed by 2009 c.33 �19]

�� 315.255 [Repealed by 1965 c.26 �6]

�� 315.259 [1995 c.648 �2; 1997 c.325 �38; 1999 c.59 �78; 1999 c.741 �1; 2012 c.37 �83; repealed by 2013 c.176 �7]

�� 315.260 [Repealed by 1965 c.26 �6]

�� 315.262 Working family child care; rules. (1) As used in this section:

�� (a) �Child care� means care provided to a qualifying child of the taxpayer for the purpose of allowing the taxpayer to be gainfully employed, to seek employment or to attend school on a full-time or part-time basis, except that the term does not include care provided by:

�� (A) The child�s parent or guardian, unless the care is provided in a certified or registered child care facility; or

�� (B) A person who has a relationship to the taxpayer that is described in section 152(a) of the Internal Revenue Code who has not yet attained 19 years of age at the close of the tax year.

�� (b) �Child care expenses� means the costs associated with providing child care to a qualifying child of a qualified taxpayer.

�� (c) �Disability� means a physical or cognitive condition that results in a person requiring assistance with activities of daily living.

�� (d) �Earned income� has the meaning given that term in section 32 of the Internal Revenue Code.

�� (e) �Qualified taxpayer� means a taxpayer:

�� (A) Who is an Oregon resident with at least $6,000 of earned income for the tax year or who is a nonresident of Oregon with at least $6,000 of earned income from Oregon sources for the tax year;

�� (B) With federal adjusted gross income for the tax year that does not exceed 250 percent of the federal poverty level;

�� (C) With Oregon adjusted gross income for the tax year that does not exceed 250 percent of the federal poverty level; and

�� (D) Who does not have more than the maximum amount of disqualified income under section 32(i) of the Internal Revenue Code that is allowed to a taxpayer entitled to the earned income tax credit for federal tax purposes.

�� (f) �Qualifying child� has the meaning given that term in section 152(c) of the Internal Revenue Code, determined without regard to section 152(c)(1)(D) of the Internal Revenue Code or section 152(e) of the Internal Revenue Code, except that it is limited to an individual who is under 13 years of age, or who is a child with a disability, as that term is defined in ORS 316.099.

�� (2) A taxpayer is not disqualified from claiming the credit under this section solely because the taxpayer�s spouse has a disability, if the disability is such that it prevents the taxpayer�s spouse from providing child care, being gainfully employed, seeking employment and attending school. The Department of Revenue may require that a physician verify the existence of the disability and its severity.

�� (3) A qualified taxpayer shall be allowed a credit against the taxes otherwise due under ORS chapter 316 equal to the applicable percentage of the qualified taxpayer�s child care expenses (rounded to the nearest $50).

�� (4) The applicable percentage to be used in calculating the amount of the credit provided in this section shall be determined in accordance with the following table:

Applicable�� Greater of Oregon

Percentage�� Adjusted Gross Income or

�� Federal Adjusted

�� Gross Income, as Percent

�� of Federal Poverty Level

�� 40� 200 or less

�� 36� Greater than 200 and less than

�� or equal to 210

�� 32� Greater than 210 and less than

�� or equal to 220

�� 24� Greater than 220 and less than

�� or equal to 230

�� 16� Greater than 230 and less than

�� or equal to 240

�� 8�� Greater than 240 and less than

�� or equal to 250

�� 0�� Greater than 250 percent

�� of federal poverty level

�� (5) The department may:

�� (a) Adopt rules for carrying out the provisions of this section; and

�� (b) Prescribe the form used to claim a credit and the information required on the form. The form may provide for verification of an individual�s disability by a physician, if applicable, as described in subsection (2) of this section.

�� (6) In the case of a credit allowed under this section:

�� (a) A nonresident shall be allowed the credit under this section in the proportion provided in ORS 316.117.

�� (d) In the case of a qualified taxpayer who is married, a credit shall be allowed under this section only if:

�� (A) The taxpayer files a joint return;

�� (B) The taxpayer files a separate return and is legally separated or subject to a separate maintenance agreement; or

�� (C) The taxpayer files a separate return and the taxpayer and the taxpayer�s spouse reside in separate households on the last day of the tax year with the intent of remaining in separate households in the future.

�� (7) If the amount allowable as a credit under this section, when added to the sum of the amounts allowable as payment of tax under ORS 316.187 (withholding), ORS 316.583 (estimated tax), other tax prepayment amounts and other refundable credit amounts, exceeds the taxes imposed by ORS chapters 314 and 316 for the tax year (reduced by any nonrefundable credits allowable for purposes of ORS chapter 316 for the tax year), the amount of the excess shall be refunded to the taxpayer as provided in ORS 316.502.

�� (8)(a) The minimum amount of earned income a taxpayer must earn in order to be a qualified taxpayer shall be adjusted for tax years beginning in each calendar year by multiplying $6,000 by the ratio of the monthly averaged U.S. City Average Consumer Price Index for the 12 consecutive months ending August 31 of the prior calendar year over the monthly averaged index for the second quarter of the calendar year 1998.

�� (b) As used in this subsection, �U.S. City Average Consumer Price Index� means the U.S. City Average Consumer Price Index for All Urban Consumers (All Items) as published by the Bureau of Labor Statistics of the United States Department of Labor.

�� (c) If any adjustment determined under paragraph (a) of this subsection is not a multiple of $50, the adjustment shall be rounded to the nearest multiple of $50.

�� (d) Notwithstanding paragraphs (a) to (c) of this subsection, the adjusted minimum amount of earned income a taxpayer must earn may not exceed the amount an individual would earn if the individual worked 1,040 hours at the minimum wage established under ORS 653.025 and in effect on January 1 of the calendar year in which begins the tax year of the taxpayer, rounded to the next lower multiple of $50. [1997 c.692 �2; 1999 c.998 �1; 2001 c.114 �32; 2001 c.660 �10; 2001 c.867 �1; 2003 c.46 �33; 2003 c.473 �11; 2005 c.49 �1; 2005 c.832 �25; 2007 c.70 �83; 2007 c.868 �1; 2009 c.909 �41]

�� Note: Section 3, chapter 868, Oregon Laws 2007, provides:

�� Sec. 3. ORS 315.262 applies to tax years beginning before January 1, 2016. [2007 c.868 �3; 2009 c.913 �45; 2015 c.480 �7]

�� 315.264 Working family household and dependent care expenses; rules. (1)(a) A credit against the tax otherwise due under ORS chapter 316 shall be allowed a taxpayer in an amount equal to a percentage of employment-related expenses of a type allowable as a credit pursuant to section 21 of the Internal Revenue Code, notwithstanding the limitation imposed by section 21(c) of the Internal Revenue Code, and limited as provided in paragraph (c) of this subsection.

�� (b) The credit allowed under this section may be claimed for expenses for care of a qualifying individual that allow a nonmarried taxpayer to seek employment or to attend school as a degree-seeking student enrolled on a full-time or part-time basis.

�� (c) The employment-related expenses for which a credit is claimed under this section may not exceed the least of:

�� (A) The combination of earned income taxable by Oregon and reportable on the taxpayer�s return and imputed income;

�� (B) The lesser amount, attributable to either spouse, of the combination of the spouse�s imputed income and the spouse�s earned income subject to taxation by Oregon, if reportable on a joint return; or

�� (C) $12,000 for a taxpayer for which there is one qualifying individual, or $24,000 for a taxpayer for which there are two or more qualifying individuals.

�� (d) The limitations in paragraph (c)(C) of this subsection shall be reduced by the aggregate amount excludable under section 129 of the Internal Revenue Code for the tax year.

�� (2) The applicable percentage described in subsection (1) of this section shall be determined in accordance with the following table:

Greater of Federal

or Oregon Adjusted

Gross Income, as�� Applicable percentage based on age of youngest

Percentage of Federal qualifying individual on January 1 of tax year

Poverty Level

�� At least 6 years

�� but less than

�� At least�� 13, or at least

�� 3 years 13 but less�� 18 years or

�� Greater�� Less than�� Under 3�� but less�� than 18 if�� older if

�� than�� or equal to�� years�� than 6� disabled�� disabled

�� 0% 10%�� 10%�� 8%�� 5%�� 5%

�� 10%�� 20%�� 20%�� 18%�� 15%�� 5%

�� 20%�� 30%�� 30%�� 28%�� 25%�� 10%

�� 30%�� 40%�� 40%�� 38%�� 35%�� 20%

�� 40%�� 50%�� 50%�� 48%�� 45%�� 30%

�� 50%�� 60%�� 55%�� 53%�� 50%�� 35%

�� 60%�� 70%�� 60%�� 58%�� 55%�� 40%

�� 70%�� 80%�� 65%�� 63%�� 60%�� 45%

�� 80%�� 90%�� 70%�� 68%�� 65%�� 50%

�� 90%�� 110%�� 75%�� 73%�� 70%�� 55%

�� 110%�� 120%�� 71%�� 69%�� 66%�� 50%

�� 120%�� 130%�� 66%�� 64%�� 61%�� 45%

�� 130%�� 140%�� 61%�� 59%�� 56%�� 39%

�� 140%�� 150%�� 55%�� 53%�� 50%�� 33%

�� 150%�� 160%�� 50%�� 48%�� 45%�� 28%

�� 160%�� 200%�� 47%�� 45%�� 42%�� 25%

�� 200%�� 210%�� 45%�� 43%�� 40%�� 22%

�� 210%�� 220%�� 40%�� 38%�� 35%�� 20%

�� 220%�� 230%�� 35%�� 33%�� 30%�� 15%

�� 230%�� 240%�� 30%�� 28%�� 25%�� 10%

�� 240%�� 250%�� 20%�� 18%�� 15%�� 5%

�� 250%�� 260%�� 10%�� 8%�� 5%�� 5%

�� 260%�� 280%�� 6%�� 6%�� 4%�� 4%

�� 280%�� 300%�� 4%�� 4%�� 4%�� 4%

�� 300%�� -�� 0%�� 0%�� 0%�� 0%

�� (3) The applicable percentage for a household in excess of eight members shall be calculated as if for a household size of eight members.

�� (4) The credit under this section is not allowed to a taxpayer with federal adjusted gross income or Oregon adjusted gross income, whichever is greater, in excess of 300 percent of the federal poverty level.

�� (5) For the purposes of calculating the allowed amount of credit applicable to a student:

�� (a) Imputed income shall equal $1,000 per qualified month per student for a student for whom there is one qualifying individual, or $2,000 per qualified month per student for a student for which there are two or more qualifying individuals.

�� (b) A qualified month is any month in which the student is a full-time or part-time student and attending school, or a summer month in a calendar year in which the student was enrolled in a degree-seeking program in both the spring and fall academic terms.

�� (c) The school ratio shall equal 100 percent for a month for which a student is qualified for student financial aid as a full-time student, and 70 percent for a month for which a student is qualified for student financial aid as a part-time student.

�� (d) If a student is a part-time student for a portion of the year and a full-time student for the balance of the year, the credit shall be prorated. The school ratio applicable to the summer months, if any, shall be the school ratio applicable to the immediately preceding spring month.

�� (6) Notwithstanding subsections (2) and (3) of this section, for a student with adjusted gross income as a percentage of the federal poverty level that is less than or equal to 110 percent, the amount of credit shall be the greater of:

�� (a) The credit calculated using subsection (2) of this section; or

�� (b) The product of the applicable percentage, as shown in subsection (2) of this section, corresponding to an adjusted gross income percentage of 110 percent, multiplied by:

�� (A) The lesser of expenses for care of a qualifying individual or imputed income; and

�� (B) The school ratio.

�� (7) In order to ensure compliance with the eligibility requirements of the credit allowed under this section, the Department of Revenue shall be afforded access to utilization data maintained by the Department of Early Learning and Care in its administration of the Employment Related Day Care subsidy program.

�� (8) The Department of Revenue may assess a penalty in an amount not to exceed 25 percent of the amount of credit claimed by the taxpayer against any taxpayer who knowingly claims or attempts to claim any amount of credit under this section for which the taxpayer is ineligible, or against any individual who knowingly assists another individual in claiming any amount of credit for which the individual is ineligible.

�� (9) The Department of Revenue may adopt rules for carrying out the provisions of this section and prescribe the form used to claim a credit and the information required on the form.

�� (10) A nonresident individual shall be allowed the credit computed in the same manner and subject to the same limitations as the credit allowed a resident by subsection (1) of this section. However, the credit shall be prorated using the proportion provided in ORS 316.117.

�� (11) If a change in the taxable year of a taxpayer occurs as described in ORS 314.085, or if the Department of Revenue terminates the taxpayer�s taxable year under ORS 314.440, the credit allowed by this section shall be prorated or computed in a manner consistent with ORS 314.085.

�� (12) If a change in the status of a taxpayer from resident to nonresident or from nonresident to resident occurs, the credit allowed by this section shall be determined in a manner consistent with ORS 316.117.

�� (13) If the amount allowable as a credit under this section, when added to the sum of the amounts allowable as payment of tax under ORS 316.187 or 316.583, other tax prepayment amounts and other refundable credit amounts, exceeds the taxes imposed by ORS chapters 314 and 316 for the tax year after application of any nonrefundable credits allowable for purposes of ORS chapter 316 for the tax year, the amount of the excess shall be refunded to the taxpayer as provided in ORS 316.502.

�� (14) Any amount that is refunded to the taxpayer under this section and that is in excess of the tax liability of the taxpayer does not bear interest. [2015 c.701 �3; 2017 c.638 �2; 2018 c.111 �7; 2021 c.525 �5a; 2021 c.631 �75]

�� Note: Section 5, chapter 701, Oregon Laws 2015, provides:

�� Sec. 5. (1) ORS 315.264 applies to tax years beginning on or after January 1, 2016, and before January 1, 2028.

�� (2) The amendments to ORS 315.264 by section 5a of this 2021 Act apply to tax years beginning on or after January 1, 2022, and before January 1, 2028. [2015 c.701 �5; 2021 c.525 �5]

�� 315.265 [Repealed by 1965 c.26 �6]

�� 315.266 Earned income; use of individual taxpayer identification number in alternative; rules. (1)(a) In addition to any other credit available for purposes of ORS chapter 316, an eligible resident individual shall be allowed a credit against the tax otherwise due under ORS chapter 316 for the tax year in an amount equal to nine percent of the earned income credit allowable to the individual for the same tax year under section 32 of the Internal Revenue Code.

�� (b) Notwithstanding paragraph (a) of this subsection, for a taxpayer with a dependent under the age of three at the close of the tax year, the credit allowed under this section shall be in an amount equal to 12 percent of the earned income credit allowable to the individual for the same tax year under section 32 of the Internal Revenue Code.

�� (2) A resident individual may claim a credit under this section, using either a Social Security number or an individual taxpayer identification number, if, but for section 32(m) of the Internal Revenue Code, the individual would otherwise be eligible to claim a credit under section 32 of the Internal Revenue Code. The credit allowed as provided in this subsection shall equal the percentage, as stated in subsection (1) of this section, of the amount that would be allowed on a federal return, based on the amount of the individual�s earned income and the other provisions of section 32 of the Internal Revenue Code.

�� (3) An eligible nonresident individual shall be allowed the credit computed in the same manner and subject to the same limitations as the credit allowed a resident by subsection (1) or (2) of this section. However, the credit shall be prorated using the proportion provided in ORS 316.117.

�� (4) If a change in the taxable year of a taxpayer occurs as described in ORS 314.085, or if the Department of Revenue terminates the taxpayer�s taxable year under ORS 314.440, the credit allowed by this section shall be prorated or computed in a manner consistent with ORS 314.085.

�� (5) If a change in the status of a taxpayer from resident to nonresident or from nonresident to resident occurs, the credit allowed by this section shall be determined in a manner consistent with ORS 316.117.

�� (6) If the amount allowable as a credit under this section, when added to the sum of the amounts allowable as payment of tax under ORS 316.187 or 316.583, other tax prepayment amounts and other refundable credit amounts, exceeds the taxes imposed by ORS chapters 314 and 316 for the tax year after application of any nonrefundable credits allowable for purposes of ORS chapter 316 for the tax year, the amount of the excess shall be refunded to the taxpayer as provided in ORS 316.502.

�� (7) The Department of Revenue may adopt rules for purposes of this section, including but not limited to rules relating to proof of eligibility, the furnishing of information regarding the federal earned income credit claimed by the taxpayer for the tax year and policies and guidelines for the determination of the amount of credit allowed under subsection (2) of this section.

�� (8) Refunds attributable to the earned income credit allowed under this section do not bear interest. [1997 c.692 �3; 2001 c.114 �33; 2001 c.660 �56; 2003 c.77 �12; 2005 c.832 ��54,57,59; 2007 c.880 �2; 2013 s.s. c.5 �6d; 2016 c.98 �1; 2019 c.579 �31; 2021 c.525 �49]

�� Note: Section 6, chapter 880, Oregon Laws 2007, provides:

�� Sec. 6. ORS 315.266 applies to tax years beginning before January 1, 2032. [2007 c.880 �6; 2013 c.750 �1; 2019 c.579 �32; 2025 c.562 �1]

�� Note: Section 32a, chapter 579, Oregon Laws 2019, provides:

�� Sec. 32a. The amendments to ORS 315.266 by section 31 of this 2019 Act apply to tax years beginning on or after January 1, 2020, and before January 1, 2026. [2019 c.579 �32a]

�� 315.270 [Repealed by 1965 c.26 �6]

�� 315.271 Individual development accounts. (1) A credit against taxes otherwise due under ORS chapter 316, 317 or 318 shall be allowed for donations to a fiduciary organization for distribution to individual development accounts established under ORS 458.685. The credit shall equal a percentage of the taxpayer�s donation amount, as determined by the fiduciary organization, but not to exceed 90 percent of any donation amount. A credit may be claimed for a donation made not later than April 15 following December 31 of the tax year for which the credit is allowed.

�� (2) If a credit allowed under this section is claimed, the amount upon which the credit is based that is allowed or allowable as a deduction from federal taxable income under section 170 of the Internal Revenue Code shall be added to federal taxable income in determining Oregon taxable income. As used in this subsection, the amount upon which a credit is based is the allowed credit divided by the applicable percentage, as determined by the fiduciary organization.

�� (3) The allowable tax credit that may be used in any one tax year shall not exceed the tax liability of the taxpayer.

�� (4) Any tax credit otherwise allowable under this section that is not used by the taxpayer in a particular year may be carried forward and offset against the taxpayer�s tax liability for the next succeeding tax year. Any tax credit remaining unused in the next succeeding tax year may be carried forward and used in the second succeeding tax year. Any tax credit not used in the second succeeding tax year may be carried forward and used in the third succeeding tax year, but may not be carried forward for any tax year thereafter.

�� (5) The total credits allowed to all taxpayers in any tax year under this section and ORS

ORS 336.201

336.201, shall coordinate school nursing services to ensure care for individual students in a school to the extent that the care is within the practice of nursing.

�� (3)(a) An administrator or other staff member who is not a nurse may supervise, evaluate or direct a school nurse or registered nurse described in subsection (2) of this section for purposes related to the nurse�s role as a school employee, including but not limited to assigning the nurse�s work hours, locations and workload and other matters addressed through a collective bargaining agreement.

�� (b) An administrator or other staff member may not direct the school nurse or registered nurse in the practice of nursing.

�� (4) Nothing in this section:

�� (a) Requires a school nurse or registered nurse to be clinically supervised in a school setting;

�� (b) Requires a school district that employs a school nurse or registered nurse to provide a clinical supervisor for the nurse; or

�� (c) Prohibits another nurse, or an administrator or other staff member who is not a nurse, from conferring with the school nurse or registered nurse with respect to the practice of nursing or issues related to student safety. [2025 c.207 �1]

�� Note: 342.458 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 342 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 342.460 [1965 c.390 ��2,3; 1969 c.647 �2; 1971 c.755 �3; repealed by 1973 c.536 �39]

�� 342.465 Rules; notice if action taken on license. (1) The Teacher Standards and Practices Commission shall adopt by rule standards necessary for the issuance, denial, continuation, renewal, lapse or reinstatement of certificates issued under ORS 342.475 (1) to (3) and for establishment and collection of fees for certification as a school nurse. The commission may adopt by rule procedures for revocation of a certificate issued under ORS 342.475 (1) to (3) that are consistent with ORS 342.175 to 342.180.

�� (2) The Oregon State Board of Nursing shall notify the commission whenever the board takes any action on a license issued under ORS chapter 678 which might affect the ability of the license holder to practice as a school nurse. [Formerly 678.525; 1993 c.45 �176]

�� 342.470 [1965 c.390 �4; 1969 c.647 �3; 1971 c.755 �4; repealed by 1973 c.536 �39]

�� 342.475 School nurses; certificates. (1) �School nurse� is established as a category of specialization in nursing.

�� (2) The Teacher Standards and Practices Commission shall issue a certificate as a school nurse to a person who complies with the rules established by the commission for the certification and practice of school nursing and who has been licensed by the Oregon State Board of Nursing. In establishing rules for the certification and practice of any specialization of school nursing, the commission shall consider the recommendations of the Oregon State Board of Nursing.

�� (3) The commission may issue an emergency certificate that authorizes a person licensed as a registered nurse in this state who does not meet the requirements of subsection (2) of this section to practice as a school nurse. Such certificates shall be issued for a limited time as set by the commission.

�� (4) Notwithstanding subsections (1) to (3) of this section, the commission shall issue a certificate in a school nurse specialization category to a registered nurse who applies for certification and who is employed by a school, school district or education service district to conduct and coordinate a school or district health services program or who serves in such a capacity on a voluntary basis on November 1, 1981. A certificate issued under this subsection shall be issued without further proof of qualification by the applicant.

�� (5) A certificate issued under this section is not a teaching license. The nurse holding a certificate issued under this section is not subject to ORS 238.280 or 342.805 to 342.937. [Formerly 678.515; 2019 c.358 �4]

�� 342.480 [1971 c.755 �5; repealed by 1973 c.536 �39]

�� 342.485 Commission to consult with and advise Oregon State Board of Nursing on school nursing. The Teacher Standards and Practices Commission shall consult with and advise the Oregon State Board of Nursing on the qualifications and practices involved in school nursing. [Formerly 342.445]

�� 342.495 Holder of school nurse certificate qualified to conduct and coordinate health services program. (1) The holder of a school nurse certificate issued under ORS 342.475 (1) to (3) is qualified to accept employment to conduct and coordinate the health services programs of any public school in the State of Oregon. A person licensed as a registered nurse may use the term �nurse� as part of a title when employed by a school.

�� (2) No school or school district is required to employ as a nurse a person certified under ORS

ORS 339.020

339.020, a district school board may admit free of charge a child whose needs for cognitive, social and physical development would best be met in the school program, as defined by policies of the district school board, to enter school even though the child has not attained the minimum age requirement but is a resident of the district. [1965 c.100 �285; 1971 c.410 �1; 1977 c.463 �1; 1983 c.193 �1; 1987 c.283 �2; 1989 c.132 �1; 1989 c.215 �1; 1991 c.693 �26; 1995 c.656 �1; 1995 c.660 �46; 1996 c.16 �1; 1999 c.989 �1; 2005 c.209 �29; 2005 c.662 �16; 2007 c.464 �2; 2007 c.660 �18; 2009 c.618 �5; 2011 c.718 �12; 2013 c.267 �10; 2015 c.234 �4; 2017 c.726 �8; 2018 c.39 �1; 2023 c.202 �6]

�� 339.119 Prohibition of payment as incentive to receive educational services; exceptions. (1) As used in this section, �provider of educational services� means a public charter school, a district school board or a public or private provider of educational services that provides educational services under a contract or the authority of a public charter school or district school board.

�� (2) A provider of educational services may not offer payment of money or other consideration to a student, to a parent or legal guardian of a student or to another entity for the benefit of a student, parent or legal guardian:

�� (a) In return for the student electing to receive or receiving educational services from a specific provider of educational services; or

�� (b) Following the student�s completion of an educational program, if the provider of educational services used the promise of payment as an incentive for the student to enroll in the program.

�� (3) The restrictions of subsection (2) of this section do not apply to:

�� (a) Money or other consideration that is provided as required or allowed by law;

�� (b) Money or other consideration that is provided for the purpose of enabling the student to access the Internet;

�� (c) Goods and services that are provided for use by a student and that are directly related to the educational program of the provider of educational services; or

�� (d) Goods and services that are available to all students receiving educational services from the provider of educational services. [2010 c.53 �1]

�� Note: 339.119 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 339 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 339.120 [Amended by 1957 c.198 �5; repealed by 1965 c.100 �456]

�� 339.122 Disclosures in promotional materials. (1) As used in this section, �virtual public school� means a public school that:

�� (a) Provides online courses; and

�� (b) Does not primarily serve students in a physical location.

�� (2) In any advertising or other promotional materials of a virtual public school, including a virtual public charter school as defined in ORS 338.005, the school must clearly state that the school is a publicly funded school. [2010 c.72 �6]

�� Note: 339.122 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 339 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 339.125 Contract for admission of nonresident pupils; costs. (1) The district school board may contract with the district school board of any other district for the admission of pupils in schools of the other district. The contract shall be in writing upon forms furnished by the Department of Education. Expense incurred shall be paid out of the school funds of the district sending such pupils. If the district sending the pupils fails to pay the expense so incurred according to the terms of the contract, the administrative office for the county containing such school district, after satisfactory proof of such failure, shall deduct the amount of the unpaid expense from the amount due the school district at the next regular apportionment. The county treasurer shall pay the amount of the reduced apportionment out of the county school fund.

�� (2) In case the school district sending the pupils is a joint district, jurisdiction shall be exercised by the administrative office for the county in which the most populous part of such district is situated, according to the latest school census. The office�s action in the matter is final. [1965 c.100 �286; 1993 c.45 �116]

�� 339.127 Factors prohibited from consideration when giving consent to nonresident student; limitations on consent and advertisements. (1) A district school board that admits nonresident students by giving consent as described in ORS 339.133 (5)(a) may not consider race, religion, sex, sexual orientation, gender identity, ethnicity, national origin, disability, health, whether a student has an individualized education program, the terms of an individualized education program, income level, residence, proficiency in the English language, athletic ability or academic records when:

�� (a) Determining whether to give consent; or

�� (b) Establishing any terms of consent.

�� (2) A district school board that is considering whether to admit a nonresident student by giving consent may require only the following information prior to deciding whether to give consent:

�� (a) The name, contact information, date of birth and grade level of the student;

�� (b) Information about whether the school district may be prevented or otherwise limited from providing consent as provided by ORS 339.115 (8);

�� (c) Information about whether the student may be given priority as provided by subsection (4) of this section; and

�� (d) Information about which schools the student prefers to attend.

�� (3)(a) A district school board that is considering whether to admit a nonresident student by giving consent may not:

�� (A) Request or require any person to provide or have provided any of the following information related to a student prior to the district school board deciding whether to give consent to the student:

�� (i) Information about the student�s race, religion, sex, sexual orientation, gender identity, ethnicity, national origin, disability, health, whether a student has an individualized education program, the terms of an individualized education program, income level, residence, proficiency in the English language or athletic ability; or

�� (ii) Academic records, including eligibility for or participation in a talented and gifted program or special education and related services.

�� (B) Request or require the student to participate in an interview, to tour any of the schools or facilities of the school district or to otherwise meet with any representatives of a school or a school district prior to the district school board deciding whether to give consent to the student.

�� (C) Request any information used to supplement the information described in subsection (2) of this section prior to deciding whether to give consent to the student.

�� (b) Nothing in this subsection prevents a student from voluntarily touring any of the schools or facilities of a school district or from requesting or receiving any information from a school or the school district.

�� (4)(a) A district school board that gives consent as described in ORS 339.133 (5)(a) may limit the number of students to whom consent is given. The district school board must make the determination whether to limit the number of students to whom consent is given by an annual date established by the board.

�� (b) If the number of students seeking consent exceeds any limitations imposed by the district school board, the board must give consent to students based on an equitable lottery selection process. The process may give priority to students who:

�� (A) Have siblings currently enrolled in a school of the same school district for which the student seeks admission;

�� (B) Previously had received consent as provided by subsection (10) of this section because of a change in legal residence; or

�� (C) Attended a public charter school located in the same district for which the student seeks admission for at least three consecutive years, completed the highest grade offered by the public charter school and did not enroll in and attend school in another district following completion of the highest grade offered by the public charter school.

�� (c) A district school board may revise the maximum number of students to whom consent will be given at a time other than the annual date established by the board if there are no pending applications for consent.

�� (5) A district school board that is requested to give consent to allow a resident student to be admitted by another school district as described in ORS 339.133 (5)(a) may not consider race, religion, sex, sexual orientation, gender identity, ethnicity, national origin, disability, health, whether a student has an individualized education program, the terms of an individualized education program, income level, residence, proficiency in the English language, athletic ability or academic records when determining whether to give consent.

�� (6) If a district school board decides to not give consent to a student, the board must provide a written explanation to the student.

�� (7)(a) For a nonresident student who receives consent to be admitted to a school district as described in ORS 339.133 (5)(a), a district school board may:

�� (A) Determine the length of time for which consent is given; and

�� (B) Revoke consent for failure to comply with minimum standards for behavior or attendance, but may not revoke consent for failure to meet standards for academics.

�� (b) Any limitations in length of time for consent, as allowed under paragraph (a) of this subsection, must be applied consistently among all students to whom consent is given. The length of time for which consent is given shall not be affected by any changes in the legal residence of the student if the student wishes to continue to attend the schools of the school district.

�� (c) If consent is revoked as provided by paragraph (a) of this subsection, a student may not request consent from the same school district that revoked the consent for the school year following the school year in which the consent was revoked.

�� (8) For a resident student who receives consent to be admitted to another school district as described in ORS 339.133 (5)(a), a district school board may not impose any limitations on the length of time for which consent is given to the student. The board may not require the student to receive consent more than one time to be admitted to the same school district, regardless of any time limitations imposed by the district school board under (7)(a)(A) of this section.

�� (9)(a) A school district that provides consent to nonresident students to attend the schools of the school district may not expend moneys received from the State School Fund or as Local Revenues, as described in ORS 327.011, to advertise openings for nonresident students if the advertisements are:

�� (A) Located outside the boundaries of the school district, including advertisements that are made by signage or billboards; or

�� (B) Directed to nonresident students, including:

�� (i) Advertisements that are targeted to nonresident students through direct mail or online marketing;

�� (ii) Television or radio advertisements; or

�� (iii) Newspaper advertisements, unless the advertisement is in a newspaper that primarily serves the residents of the school district.

�� (b) Notwithstanding paragraph (a)(A) of this subsection, if a school is located outside the boundaries of the school district, the school district may advertise openings for nonresident students on the property of the school.

�� (c) Nothing in this subsection:

�� (A) Prohibits a school district from providing information or advertisements to nonresident students if the parents of the students request the information or advertisements.

�� (B) Prohibits a public charter school from advertising openings.

�� (10) Notwithstanding any other provision of this section, a district school board that is requested to give consent as described in ORS 339.133 (5)(a) must give consent to a student whose legal residence changes to a different school district:

�� (a) During the school year, to enable the student to complete the school year in the school district; or

�� (b) During the summer prior to the school year, to enable the student to complete the school year following the summer in the school district.

�� (11) Nothing in this section:

�� (a) Requires a district school board to admit students for whom priority may be given under subsection (4)(b) of this section if the board imposes limitations on the number of students admitted by consent.

�� (b) Prevents a district school board from denying admission to a nonresident student as provided by ORS 339.115 (8).

�� (c) Prevents a district school board from requesting information or giving consent to a student in the event of:

�� (A) An emergency to protect the health, safety or welfare of the student; or

�� (B) A hardship of the student, as determined based on rules adopted by the State Board of Education.

�� (d) Prevents a district school board from establishing minimum standards for behavior and attendance that a student must maintain to remain enrolled in the schools of the school district. [2013 c.655 �1; 2013 c.655 �3; 2014 c.5 ��1,2; 2015 c.499 ��1,2; 2016 c.60 ��8,21,23; 2021 c.97 �30; 2021 c.367 �15]

�� 339.128 Factors prohibited from consideration when admitting tuition-paying nonresident student. (1) A district school board that admits nonresident students and charges nonresident students tuition may not consider race, religion, sex, sexual orientation, gender identity, ethnicity, national origin, disability, health, whether a student has an individualized education program, the terms of an individualized education program, income level, residence, proficiency in the English language, athletic ability or academic records when:

�� (a) Determining whether to accept a nonresident student; or

�� (b) Establishing the amount of tuition.

�� (2) A district school board that admits nonresident students and charges nonresident students tuition may require a student seeking to attend the schools of the school district to provide the following information:

�� (a) The name, contact information, date of birth and grade level of the student; and

�� (b) Information about whether the school district may be prevented or otherwise limited from admitting the student as provided by ORS 339.115 (8).

�� (3)(a) A district school board that admits nonresident students and charges nonresident students tuition may not:

�� (A) Request or require any person to provide or have provided any of the following information related to a student prior to the district school board deciding whether to admit the student:

�� (ii) Academic records, including eligibility for or participation in a talented and gifted program or special education and related services.

�� (C) Request any information used to supplement the information described in subsection (2) of this section prior to deciding whether to admit the student.

�� (4) If a district school board decides to deny admission to a nonresident student and to charge the nonresident student tuition, the board must provide a written explanation to the student.

�� (5) Nothing in this section:

�� (a) Prevents a district school board from denying admission to a nonresident student as provided by ORS 339.115 (8).

�� (b) Prevents a district school board from requesting information or admitting a student in the event of an emergency to protect the health, safety or welfare of the student.

�� (c) Prevents a district school board from establishing minimum standards for behavior and attendance that a student must maintain to remain enrolled in the schools of the school district. [2013 c.655 �5; 2021 c.367 �16]

�� 339.129 Education for children in local or regional correctional facilities required; funding; notice to district; access. (1) A school district shall provide or cause to be provided appropriate education for children placed in a local or regional correctional facility located in the school district. The education may be provided by the school district or an education service district.

�� (2) The school district may claim State School Fund reimbursement under ORS 327.006 to

ORS 339.147

339.147 and 339.155 (tuition and fees);

�� (q) ORS 339.250 (9) (prohibition on infliction of corporal punishment);

�� (r) ORS 339.326 (notice concerning students subject to juvenile court petitions);

�� (s) ORS 339.370 to 339.400 (reporting of suspected abuse and suspected sexual conduct);

�� (t) ORS 342.856 (core teaching standards);

�� (u) ORS chapter 657 (Employment Department Law);

�� (v) ORS 332.505 (2), 659.850, 659.855 and 659.860 (discrimination);

�� (w) Any statute or rule that establishes requirements for instructional time provided by a school during each day or during a year;

�� (x) Statutes and rules that expressly apply to public charter schools;

�� (y) Statutes and rules that apply to a special government body, as defined in ORS 174.117, or a public body, as defined in ORS 174.109;

�� (z) Health and safety statutes and rules;

�� (aa) Any statute or rule that is listed in the charter; and

�� (bb) This chapter.

�� (2) Notwithstanding subsection (1) of this section, a charter may specify that statutes and rules that apply only to school district boards, school districts and other public schools may apply to a public charter school.

�� (3) If a statute or rule applies to a public charter school, then the terms �school district� and �public school� include public charter school as those terms are used in that statute or rule.

�� (4) A public charter school may not violate the Establishment Clause of the First Amendment to the United States Constitution or Article I, section 5, of the Oregon Constitution, or be religion based.

�� (5)(a) A public charter school shall maintain an active enrollment of at least 25 students.

�� (b) For a public charter school that provides educational services under a cooperative agreement described in ORS 338.080, the public charter school is in compliance with the requirements of this subsection if the public charter school provides educational services under the cooperative agreement to at least 25 students, without regard to the school districts in which the students are residents.

�� (6) A public charter school may sue or be sued as a separate legal entity.

�� (7) The sponsor, members of the governing board of the sponsor acting in their official capacities and employees of a sponsor acting in their official capacities are immune from civil liability with respect to all activities related to a public charter school within the scope of their duties or employment.

�� (8) A public charter school may enter into contracts and may lease facilities and services from a school district, education service district, public university listed in ORS 352.002, other governmental unit or any person or legal entity.

�� (9) A public charter school may not levy taxes or issue bonds under which the public incurs liability.

�� (10) A public charter school may receive and accept gifts, grants and donations from any source for expenditure to carry out the lawful functions of the school.

�� (11) The school district in which the public charter school is located shall offer high school diplomas, modified diplomas, extended diplomas and certificates of attendance to any public charter school students who meet the district�s and state�s standards for a high school diploma, a modified diploma, an extended diploma or a certificate of attendance.

�� (12) A high school diploma, a modified diploma or an extended diploma issued by a public charter school grants to the holder the same rights and privileges as a high school diploma, a modified diploma or an extended diploma issued by a nonchartered public school. A certificate of attendance issued by a public charter school shall have the same restrictions as a certificate of attendance issued by a nonchartered public school.

�� (13) Prior to beginning operation, the public charter school shall show proof of insurance to the sponsor as specified in the charter.

�� (14) A public charter school may receive services from an education service district in the same manner as a nonchartered public school in the school district in which the public charter school is located.

�� Note: Section 9, chapter 202, Oregon Laws 2023, provides:

�� Sec. 9. (1) The amendments to ORS 329.451,

ORS 34.105

34.105 to 34.240 is inconsistent with the provisions of this section, the provisions of this section govern in mandamus proceedings subject to this section.

�� (2) The case title of a petition in a mandamus proceeding that is subject to this section must be the same as the case title of the proceeding in the lower court, except that the relator must be designated as �relator� in addition to the relator�s designation in the lower court, and any party who is adverse to the relator must be designated as �adverse party� in addition to that party�s designation in the lower court. The petition must not name as a party to the mandamus proceeding the lower court or the judge whose action is challenged.

�� (3) The relator must serve a copy of the petition on all parties who have appeared in the lower court case and on the judge or court whose action is being challenged.

�� (4) The judge or court whose action is challenged in the mandamus proceeding may seek to intervene in the mandamus proceeding if the judge or court wishes to assert an interest separate from the parties. If the Supreme Court allows the judge or court to intervene, the judge or court shall be designated as �intervenor� in the mandamus proceeding.

�� (5) If the Supreme Court elects to issue an alternative writ of mandamus, the Supreme Court shall issue an order allowing the petition. The order may be issued in combination with the alternative writ of mandamus. The State Court Administrator shall send copies of the Supreme Court�s order and alternative writ of mandamus to the relator, to the adverse party, to any intervenor, and to the judge or court whose action is challenged in the petition. Proof of service of an alternative writ need not be filed with the Supreme Court, and the judge or court to which the writ is issued need not file a return unless the alternative writ specifically requires a return.

�� (6) At any time after the filing of the petition for writ of mandamus or issuance of the alternative writ of mandamus, if the judge or court whose action is being challenged performs the act sought in the petition or required by the alternative writ, the relator shall notify the Supreme Court that the judge or court has complied. The judge, the court, or any other party to the lower court case may also give notice to the Supreme Court of the compliance. On motion of any party or on its own motion, the Supreme Court may dismiss a mandamus proceeding after receiving the notice provided for in this subsection.

�� (7) If the judge or court to whom the alternative writ of mandamus is directed does not perform the act required by the writ, the mandamus proceeding will proceed to briefing and oral argument as provided in the rules of the Supreme Court or as directed by the Supreme Court. An answer or other responsive pleading need not be filed by any party to the proceeding unless the alternative writ specifically requires the filing of an answer or other responsive pleading.

�� (8) If the Supreme Court has determined that the relator is entitled to a peremptory writ of mandamus, the court shall direct the State Court Administrator to issue a peremptory writ of mandamus. The peremptory writ of mandamus may be combined with the appellate judgment. If a combined peremptory writ of mandamus and an appellate judgment issue, the relator need not file proof of service of the writ with the court, and the judge or court to which the writ is issued need not file a return showing compliance with the writ.

�� (9) The State Court Administrator shall issue an appellate judgment showing the Supreme Court�s disposition of the matter, as provided in the rules of the Supreme Court, if:

�� (a) The court has issued an alternative or peremptory writ of mandamus, the mandamus proceeding is concluded and all issues in the proceeding have been decided; or

�� (b) The court has not issued a writ of mandamus, but the court has awarded costs and disbursements or attorney fees in the proceeding. [1997 c.388 �2; 2025 c.256 �2]

WRIT OF HABEAS CORPUS

�� 34.310 Purpose of writ; who may prosecute. The writ of habeas corpus ad subjiciendum is the writ designated in ORS 34.310 to 34.730, and every other writ of habeas corpus is abolished. Every person imprisoned or otherwise restrained of liberty, within this state, except in the cases specified in ORS 34.330, may prosecute a writ of habeas corpus to inquire into the cause of such imprisonment or restraint, and if illegal, to be delivered therefrom.

�� 34.320 Courts having jurisdiction; transfer of proceedings. The circuit court of the judicial district wherein the party is imprisoned or restrained, and, if vested with power to exercise judicial functions, the county court and county judge of the county wherein the party is imprisoned or restrained, shall have concurrent jurisdiction of proceedings by habeas corpus, and said courts and judges may issue, hear and decide all questions arising upon habeas corpus. If a plaintiff has filed a petition in a court with jurisdiction over the proceedings, and the plaintiff is thereafter transferred to a place that is outside of the jurisdiction of that court, the court shall transfer the proceedings to the circuit court for the judicial district in which the party is imprisoned or restrained. If the court in which the petition was filed determines that by reason of the plaintiff�s transfer the claims of the plaintiff do not require immediate judicial scrutiny, or are otherwise subject to dismissal, the court shall dismiss the petition. [Amended by 1999 c.114 �1]

�� 34.330 Who may not prosecute writ. A person may not prosecute a writ of habeas corpus if:

�� (1) The person is imprisoned or restrained by virtue of process issued by a court of the United States, or a judge, commissioner or other officer thereof, in cases where such courts, or judges or officers thereof, have exclusive jurisdiction under the laws of the United States, or have acquired exclusive jurisdiction by the commencement of actions, suits or other proceedings in such court, or before such commissioner or other officer.

�� (2) The person is imprisoned or restrained by virtue of the judgment of a competent tribunal of civil or criminal jurisdiction, or by virtue of an execution issued upon such judgment.

�� (3) Except as provided in ORS 138.530, the person is eligible to obtain post-conviction relief pursuant to ORS 138.510 to 138.680.

�� (4) The person is eligible to seek judicial review of a final order of the State Board of Parole and Post-Prison Supervision under ORS 144.335 but the person fails to seek judicial review of the order in a timely manner.

�� (5) The person seeks judicial review of a final order of the board under ORS 144.335 but the Court of Appeals:

�� (a) Summarily affirms the order of the board on the grounds that the person failed to present a substantial question of law;

�� (b) Otherwise disposes of the judicial review on the merits of the petitioner�s issues on judicial review; or

�� (c) Dismisses the judicial review because of a procedural defect. [Amended by 1959 c.636 �22; 2001 c.661 �2; 2003 c.576 �311; 2007 c.411 �2]

�� 34.340 Petition; who may apply; fee. The writ shall be allowed by the court or judge thereof upon the petition of the party for whose relief it is intended, or of some other person in behalf of the party, signed and verified by the oath of the plaintiff, to the effect that the plaintiff believes it to be true. The petition must be accompanied by the filing fee established under ORS 21.135. [Amended by 1995 c.657 �6; 1999 c.114 �2; 2003 c.737 ��32,33; 2005 c.702 ��37,38,39; 2011 c.595 �39]

�� 34.350 Application by district attorney. Whenever a writ of habeas corpus is required in any action, suit or proceeding, civil or criminal, to which the state is a party, the application therefor may be made by the district attorney having charge thereof, and whenever so issued the court or judge shall state in the order of allowance that it was issued on such application.

�� 34.355 Appointment of counsel; compensation and costs. If counsel is appointed by a court to represent, in an initial proceeding by habeas corpus or on appeal as provided in ORS 34.710, a person who is imprisoned or otherwise restrained of liberty by virtue of a charge or conviction of crime and who is determined to be financially eligible for appointed counsel at state expense, the executive director of the Oregon Public Defense Commission shall determine compensation for counsel and costs and expenses of the person in the proceeding or on appeal. Compensation for counsel and expenses of the person in an initial proceeding or in a circuit court on appeal shall be determined and paid as provided in ORS 135.055. Compensation for counsel and costs and expenses of the person on appeal to the Court of Appeals or on review by the Supreme Court shall be determined and paid as provided in ORS 138.500. The compensation and expenses so allowed in an initial proceeding in a county court shall be paid by the county in which the person was charged or convicted of crime. [1979 c.867 �17; 1981 s.s. c.3 �128; 1985 c.502 �21; 2001 c.962 �64; 2023 c.281 �17]

�� 34.360 Contents of petition when person challenges authority for confinement. If the challenge is to the authority for confinement, the petition shall state, in substance:

�� (1) That the party in whose behalf the writ is petitioned is imprisoned or restrained of liberty, the place where, and officer or person by whom the party is imprisoned or restrained, naming both parties if their names are known, or describing them if not known.

�� (2) That such person is not imprisoned or restrained by virtue of any order, judgment or process specified in ORS 34.330.

�� (3) The cause or pretense of the imprisonment or restraint, according to the best knowledge or belief of the plaintiff.

�� (4) If the original imprisonment or restraint is by virtue of any order, warrant or process, a copy thereof shall be annexed to the petition, or it must be alleged that, by reason of the removal or concealment of the party before the application, a demand of such copy could not be made, or that the demand was made, and the legal fees therefor tendered to the person having the party in custody, and that a copy was refused.

�� (5) That the claim has not already been adjudged upon a prior writ of habeas corpus, to the knowledge or belief of the plaintiff. [Amended by 1991 c.884 �3; 1999 c.114 �3; 2003 c.576 �312]

�� 34.362 Contents of petition when person challenges conditions of confinement or deprivation of rights while confined. If the person is imprisoned or restrained by virtue of any order, judgment or process specified in ORS 34.330 and the person challenges the conditions of confinement or complains of a deprivation of rights while confined, the petition shall:

�� (1) Comply with requirements of ORS 34.360 (1), (3), (4) and (5); and

�� (2) State facts in support of a claim that the person is deprived of a constitutional right that requires immediate judicial attention and for which no other timely remedy is practicably available to the plaintiff. [1991 c.884 �5; 2003 c.576 �313]

�� 34.365 Filing petition of prisoner without payment of filing fees; fee as charge against trust account. (1) Any court of the State of Oregon may authorize the filing of a petition for a writ of habeas corpus by or on behalf of any person imprisoned or otherwise restrained of liberty by virtue of a charge or conviction of crime without payment of the filing fees therefor, if such person presents to the court or judge thereof satisfactory proof, by declaration under penalty of perjury and as otherwise required by such judge, that the person is unable to pay such fees.

�� (2) Notwithstanding the fact that a court has authorized the filing of a petition without payment of the filing fee required by ORS 34.340, the fee may be drawn from, or charged against, the plaintiff�s trust account if the plaintiff is an adult in custody in a correctional facility. [1955 c.493 �1; 1995 c.657 �7; 1999 c.114 �4; 2019 c.213 �11; 2022 c.68 �7]

�� 34.370 Order to show cause; time for ruling on show cause order; attorney fees; entry of judgment or issuance of writ; effect. (1) Except as provided in subsection (6) of this section, the judge to whom the petition for a writ of habeas corpus is presented shall, without delay, issue an order directing the defendant to show cause why the writ should not be allowed.

�� (2) Upon the issuance of a show cause order under subsection (1) of this section, the following shall apply:

�� (a) The judge shall order that the defendant appear in writing in opposition to the issuance of the writ as soon as is practicable and not more than 14 days from the date that the show cause order issues.

�� (b) The judge shall rule on the show cause order within seven days after either the defendant files a written appearance in opposition or the appearance period expires, whichever comes first. Upon making a ruling, the judge shall do one of the following, as appropriate:

�� (A) If the petition is a meritless petition, issue a judgment denying the petition and ordering the plaintiff to pay the cost of attorney fees incurred by the defendant. In no case shall the award of attorney fees exceed $100. The fees may be drawn from, or charged against, the trust account of the adult in custody.

�� (B) Issue a judgment granting appropriate habeas corpus relief.

�� (C) Issue a writ of habeas corpus requiring that a return be made.

�� (3) Entry of a judgment under subsection (2)(b)(A) or subsection (6) of this section shall be without prejudice. The judgment shall explain to the parties the reason for the denial.

�� (4) If the court has issued a writ of habeas corpus requiring a return under subsection (2)(b)(C) of this section, the parties may stipulate to a hearing as described in ORS 34.670 without the necessity of a return or a replication. If the court accepts the stipulation, it shall set the matter for hearing in an expedited manner.

�� (5) Issuance of the writ under subsection (2) of this section shall not bind the court with respect to any subsequent rulings related to the pleadings of the parties or the ultimate disposition of the proceeding.

�� (6) The court may, on its own motion, enter a judgment denying a meritless petition brought under ORS 34.310 to 34.730.

�� (7) As used in this section, �meritless petition� means one which, when liberally construed, fails to state a claim upon which habeas corpus relief may be granted. [Amended by 1963 c.322 �1; 1991 c.884 �6; 1995 c.294 �1; 1995 c.657 �8; 1999 c.114 �5; 2019 c.213 �12]

�� 34.380 Warrant in lieu of writ; when issued. Whenever it appears by satisfactory evidence that any person is illegally imprisoned or restrained and there is good reason to believe that the person will be carried out of the state or suffer irreparable injury before the person can be relieved by the issuing of a habeas corpus, any court or judge authorized to issue such writ may issue a warrant reciting the facts, directed to any sheriff or other person therein designated, commanding the sheriff or other person to take such illegally imprisoned or restrained person and forthwith bring the person before such court or judge, to be dealt with according to law.

�� 34.390 Order for arrest of person having custody. When the proof mentioned in ORS 34.380 is also sufficient to justify an arrest of the person having the party in custody, as for a criminal offense committed in the taking or detaining of such party, the warrant may also contain an order for the arrest of such person for such offense.

�� 34.400 Execution of warrant; return and proceedings thereon. Any officer or person to whom a warrant issued under ORS 34.380 is directed shall execute the same by bringing the party therein named and the person who detains the party, if so commanded by the warrant, before the court or judge issuing the warrant; and thereupon the person detaining such party shall make a return in like manner, and the like proceedings shall be had thereon, as if a writ of habeas corpus had been issued in the first instance.

�� 34.410 Criminal offense by person having custody. If the person having such party in custody is brought before the court or judge as for a criminal offense, the person shall be examined, committed, released or discharged by the court or judge in like manner as in other criminal cases of like nature. [Amended by 1973 c.836 �324]

�� 34.420 [Repealed by 1991 c.884 �1 (34.421 enacted in lieu of 34.420)]

�� 34.421 Contents of writ. The writ shall require the defendant to file a return, at a specified time and place, that states the time and cause of plaintiff�s imprisonment or restraint. The writ shall not command the defendant to produce the plaintiff before the court or judge issuing the writ, unless the court, in its discretion, so orders. The court shall consider an allegation of lack of authority, brought only under ORS 34.360, as a factor weighing in favor of requiring the defendant to produce the plaintiff at the time of the return. [1991 c.884 �2 (enacted in lieu of 34.420)]

�� 34.430 Defect of form; designation of persons. The writ shall not be disobeyed for any defect of form. It is sufficient:

�� (1) If the officer or person having the custody of the person imprisoned or restrained is designated either by name of office, if the officer or person has any, or by the own name of the officer or person, or if both such names are unknown or uncertain, the officer or person may be described by an assumed appellation; and anyone who may be served with the writ is to be deemed the officer or person to whom it was directed, although it may be directed to the officer or person by a wrong name or description, or to another person.

�� (2) If the person who is directed to be produced is designated by name, or if the name of the person is uncertain or unknown, the person may be described in any other way, so as to designate the person intended.

�� 34.440 Who may serve writ; tender of fees and undertaking when service is on sheriff or other officer. (1) A writ of habeas corpus may be served by any sheriff within the county of the sheriff, or by any other person designated in the writ in any county within the state. The service of the writ shall be deemed complete, so as to require the prisoner to be brought up before the court or judge issuing the writ under the provisions of ORS 34.370, only if:

�� (a) The party serving the writ tenders to the person in whose custody the prisoner may be, if such person is a sheriff or other officer, the fees allowed by law for bringing up such prisoner; and

�� (b) The party also enters into an undertaking to such sheriff or other officer, in a penalty double the sum for which the prisoner is detained, if the prisoner is detained for any specific sum of money, and if not, then in such a sum as the judge granting the writ directs, not exceeding $1,000, to the effect that such person shall pay the charges for carrying back the prisoner if the prisoner is remanded, and that the prisoner will not escape, either in going to or returning from the place to which the prisoner is to be taken.

�� (2) If such fees are not paid, or such security is not tendered, the officer to whom the writ is directed shall make a return, in the manner required by ORS 34.540, and shall state in the return the reason why the prisoner is not produced, and thereupon the court or judge granting the writ may proceed as if the prisoner was produced. This section, except for the first sentence, does not apply to a case wherein the writ is issued on the application of the district attorney. [Amended by 1991 c.884 �7]

�� 34.450 Payment of charges when service is on person other than sheriff or other officer. Every court or judge allowing a writ of habeas corpus, directed to a person other than a sheriff or other officer, may require, in order to render the service effectual, that the charges of producing the party be paid by the applicant; and in such case the court or judge shall, in the order allowing the writ, specify the amount of such charges, which shall not exceed the fees allowed by law to sheriffs for similar services.

�� 34.460 Manner of service. The writ of habeas corpus may be served by delivery of the original to the officer or person to whom it is directed, or if the officer or person cannot be found, by leaving it at the jail or other place in which the party is imprisoned or restrained, with any under officer or other person having charge for the time of such party.

�� 34.470 Service when officer or other person hides or refuses admittance. If the officer or person on whom the writ ought to be served hides from the person attempting to make service, or refuses admittance to the person attempting to make service, it may be served by affixing it in some conspicuous place on the outside, either of the dwelling house of the officer or person or the jail or other place where the party is confined. [Amended by 1987 c.158 �5]

�� 34.480 Proof of service. The proof of service of the writ shall be the same as in the service of a summons, except that the same shall be indorsed upon a copy of the writ made by the officer or person serving it, and returned to the clerk who issued the writ.

�� 34.490 Duty to obey writ. It is the duty of every sheriff or other officer upon whom a writ of habeas corpus is served, whether such writ is directed to the sheriff or officer or not, upon payment or tender of the fees allowed by law, and the delivery or tender of the undertaking described in ORS 34.440, to obey and return the writ according to the exigency thereof; and it is the duty of every other person upon whom the writ is served, having the custody of the person for whose benefit it is issued, to obey and return it in like manner, without requiring the payment of any fees, unless the payment of such fees has been required by the court or judge allowing such writ.

�� 34.500 When return must be made. If the writ is returnable at a certain time, the return shall be made at the time and place specified therein; if it is returnable forthwith, and the place of return is within 20 miles of the place of service, the return must be made within 24 hours, and the same time is allowed for every additional 20 miles.

�� 34.510 [Repealed by 1991 c.884 �10]

�� 34.520 Sickness of person. Whenever, from the sickness or infirmity of the party, the party cannot, without danger, be produced, the officer or person in whose custody the party is may state that fact in the return to the writ, and if satisfied of the truth of the allegation, and the return is otherwise sufficient, the court or judge shall proceed to decide on the return, and to dispose of the matter, the same as if the party had been produced.

�� 34.530 Requiring return and production of party by order. At any time after the allowance of a writ of habeas corpus, the plaintiff therein, or the person applying therefor on behalf of the plaintiff, may give notice to the judge issuing the writ, and thereupon, if necessary to avoid delay, the judge shall by order require that the return be made and the party produced before the judge at such time and place, within the county or district, as may be convenient.

�� 34.540 Contents of return. (1) The officer or person upon whom the writ was duly served shall state in the return, plainly and unequivocally:

�� (a) Whether the officer or person has the party in custody or power or under restraint, and if the officer or person has not, whether the officer or person has had the party in custody or under power or restraint at any and what time prior or subsequent to the date of the writ.

�� (b) If the officer or person has the party in custody or power or under restraint, the authority and true cause of such imprisonment or restraint, setting forth the same at large.

�� (2) If the party is detained by virtue of any writ, warrant or other written authority, a copy thereof shall be annexed to the return, and the original shall be produced, and exhibited on the return of the writ, to the court or judge before whom the writ is returnable.

�� (3) If the person upon whom the writ was served has had the party in power or custody or under restraint at any time prior or subsequent to the date of the writ, but has transferred such custody or restraint to another, the return shall state particularly to whom, at what time, for what cause, and by what authority the transfer took place.

�� (4) The return shall be signed by the person making the same, and except where the person is a sworn public officer, and makes the return in official capacity, it shall be verified by oath.

�� 34.550 Warrant in case of refusal or neglect to obey writ. If the person upon whom the writ was duly served refuses or neglects to obey the same by producing the party named in the writ and making a full and explicit return thereto within the time required, and no sufficient excuse is shown therefor, the court or judge before whom the writ was made returnable shall, upon due proof of the service thereof, forthwith issue a warrant against such person, directed to any sheriff in this state, commanding the sheriff forthwith to apprehend such person and bring the person immediately before such court or judge; and on the person being so brought, the person shall be committed to close custody in the jail of the county in which such judge shall be until the person makes return to the writ and complies with any order made in relation to the party for whose relief the writ was issued.

�� 34.560 Failure of sheriff to return writ. If a sheriff neglects to return the writ, the warrant may be directed to any other person to be designated therein, who shall have full power to execute the same, and such sheriff, upon being brought up, may be committed to the jail of any county other than the county over which the sheriff has jurisdiction. [Amended by 1965 c.221 �12; 1987 c.158 �6]

�� 34.570 Precept commanding bringing of prisoner. The court or judge issuing the warrant may also, at the same time or afterwards, issue a precept to the person to whom the warrant is directed, commanding the person to bring forthwith before such court or judge the party for whose benefit the writ was allowed, who shall thereafter remain in the custody of such person until discharged or remanded.

�� 34.580 Inquiry into cause of imprisonment. The court or judge before whom the party is brought on the writ shall, immediately after the return thereof, proceed to examine into the facts contained in the return, and into the cause of the imprisonment or restraint of such party.

�� 34.590 Discharge when no legal cause for restraint is shown. If no legal cause is shown for the imprisonment or restraint, or for the continuation thereof, the court or judge shall discharge such party from the custody or restraint under which the person is held.

�� 34.600 When party to be remanded. It shall be the duty of the court or judge forthwith to remand such party if it appears that the party is legally detained in custody, either:

�� (1) By virtue of process issued by any court, or judge or commissioner or any other officer thereof, of the United States, in a case where such court, or judge or officer thereof, has exclusive jurisdiction; or,

�� (2) By virtue of the judgment of any court, or of any execution issued upon such judgment; or,

�� (3) For any contempt, specially and plainly charged in the commitment, by some court, officer or body having authority to commit for the contempt so charged; and,

�� (4) That the time during which such party may legally be detained has not expired. [Amended by 2003 c.576 �314]

�� 34.610 Grounds for discharge of prisoner in custody under order or civil process. If it appears on the return that the prisoner is in custody by virtue of an order or civil process of any court legally constituted, or issued by an officer in the course of judicial proceedings before the officer, authorized by law, such prisoner shall be discharged only if one of the following cases exists:

�� (1) The jurisdiction of the court or officer has been exceeded, either as to matter, place, sum or person.

�� (2) The original imprisonment was lawful, yet by some act, omission or event which has taken place afterwards, the party has become entitled to be discharged.

�� (3) The order or process is defective in some matter of substance required by law, rendering the same void.

�� (4) The order or process, though in proper form, has been issued in a case not allowed by law.

�� (5) The person having the custody of the prisoner under such order or process is not the person empowered by law to detain the prisoner.

�� (6) The order or process is not authorized by any judgment of any court, nor by any provision of law. [Amended by 2003 c.576 �315]

�� 34.620 Inquiry into legality of certain judgments and process not permitted. No court or judge, on the return of a writ of habeas corpus, has power to inquire into the legality or justice of any order, judgment or process specified in ORS 34.330, nor into the justice, propriety or legality of any commitment for a contempt made by a court, officer or body, according to law, and charged in such commitment, as provided by law.

�� 34.630 Proceedings where commitment for criminal offense is legal, or party probably is guilty. If it appears that the party has legally been committed for a criminal offense, or if the party appears by the testimony offered with the return, or upon the hearing thereof, probably to be guilty of such offense, although the commitment is irregular, the party shall forthwith be remanded to the custody or placed under the restraint from which the party was taken, if the officer or person under whose custody or restraint the party was, is legally entitled thereto; if not so entitled, the party shall be committed to the custody of the officer or person so entitled.

�� 34.640 Custody of party pending proceedings. Until judgment is given upon the return, the party may either be committed to the custody of the sheriff of the county, or placed in such care or custody as age and other circumstances may require.

�� 34.650 Notice to third persons. When it appears from the return that the party named therein is in custody on an order or process under which another person has an interest in continuing imprisonment or restraint of the party, no order shall be made for discharge of the party until it shall appear that the party so interested, or the attorney of the party so interested has had notice of the time and place at which the writ has been made returnable.

�� 34.660 Notice to district attorney. When it appears from the return that the party is imprisoned or restrained on a criminal accusation, the court or judge shall make no order for the discharge of the party until notice of the return is given to the district attorney of the county where the party is imprisoned or restrained.

�� 34.670 Replication following return; hearing. The plaintiff in the proceeding, on the return of the writ, may, by replication, signed as in an action, controvert any of the material facts set forth in the return, or the plaintiff may allege therein any fact to show, either that imprisonment or restraint of the plaintiff is unlawful, or that the plaintiff is entitled to discharge. Thereupon the court or judge shall proceed in a summary way to hear such evidence as may be produced in support of or against the imprisonment or restraint, and to dispose of the party as the law and justice of the case may require. [Amended by 1979 c.284 �73; 2005 c.22 �28]

�� 34.680 Motion to deny petition; motion to strike; controverting replication; time to plead; construction and effect of pleadings. (1) The defendant may, before the writ issues, move to deny the petition on the grounds that the petition fails to state a claim for habeas corpus relief. The defendant may, at any time after the writ issues, move to dismiss the writ on the grounds that the pleadings, including the petition, the return, the replication, if any, and any supporting evidence, demonstrate that plaintiff has failed to state or establish a claim for habeas corpus relief.

�� (2) The plaintiff may move to strike the return or any allegation or defense in the return. The defendant may move to strike the replication or any new matter in the replication, or by proof controvert the same, as upon a direct denial or avoidance.

�� (3) The return and replication shall be made within such time as the court or judge shall direct, and the petition, return and replication shall be construed and have the same effect as in an action. [Amended by 1979 c.284 �74; 1991 c.884 �8]

�� 34.690 Requiring production of person after writ issued. The court or judge before whom the writ is returnable may, before final decision, issue a precept to the officer or other person to whom the writ is directed, requiring the production of the person. [Amended by 1991 c.884 �9]

�� 34.695 Conduct of hearing. If the matter proceeds to an evidentiary hearing, as described in ORS 34.670, the court shall decide the issues raised in the pleadings and may receive proof by affidavits, depositions, oral testimony or other competent evidence. [1991 c.884 �12]

�� 34.700 Judgment; liability for obedience to judgment; payment of attorney fees. (1) If it appears that the party detained is imprisoned or restrained illegally, judgment shall be given that the party be discharged forthwith; otherwise, judgment shall be given that the proceeding be dismissed and the party remanded. No officer or other person is liable to any action or proceeding for obeying such judgment of discharge.

�� (2) The court shall include in the judgment an order that the defendant pay the attorney fees incurred by the petition, not to exceed $100, if:

�� (a) The court enters a judgment requiring that the plaintiff be discharged; and

�� (b) The court finds that the allegations or defenses in the return were frivolous. [Amended by 1995 c.657 �9; 1999 c.114 �6]

�� 34.710 Appeal; conclusiveness of judgment. Any party to a proceeding by habeas corpus, including the state when the district attorney appears therein, may appeal from the judgment of the court refusing to allow such writ or any judgment therein, in like manner and with like effect as in an action. No question once finally determined upon a proceeding by habeas corpus shall be reexamined upon another proceeding of the same kind. [Amended by 2003 c.576 �235; 2015 c.212 �15]

�� 34.712 Summary affirmation of judgment on appeal. In reviewing the judgment of any court under ORS 34.310 to 34.730, the Court of Appeals, on its own motion or on the motion of the defendant, may summarily affirm, without oral argument, the judgment after submission of the appellant�s brief and without submission of the defendant�s brief if the court finds that no substantial question of law is presented by the appeal. Notwithstanding ORS

ORS 342.400

342.400; 2015 c.245 �15]

�� 342.195 Teaching licenses based on experience in certain federal programs; rules. (1) An otherwise qualified applicant for a preliminary teaching license shall be granted the license upon payment of the required fees and the showing by proof satisfactory to the Teacher Standards and Practices Commission that:

�� (a) While the applicant was in the Peace Corps program or was a volunteer under section 603 of the Economic Opportunity Act of 1964 (Public Law 88-452), the applicant:

�� (A) Completed two years of satisfactory service that emphasized teaching in any preprimary program or in any grade 1 through 12 in subjects regularly taught in public schools; and

�� (B)(i) Has completed an approved educator preparation program; or

�� (ii) Has earned at least a baccalaureate degree from an accredited institution of higher education and has completed a teacher training program provided under the auspices of the federal program; or

�� (b) The applicant was a certified instructor for the Armed Forces of the United States, if the applicant provides the commission with documentation of military training or experience that the commission determines is substantially equivalent to the training required for a preliminary teaching license.

�� (2)(a) The commission shall establish by rule an expedited process by which a military spouse or domestic partner who is licensed to teach in another state may apply for and obtain a teaching license.

�� (b) As used in this subsection, �military spouse or domestic partner� means a spouse or domestic partner of an active member of the Armed Forces of the United States who is the subject of a military transfer to Oregon. [1967 c.304 �2; 1973 c.270 �9; 1993 c.45 �307; 1997 c.383 �13; 2012 c.43 �1a; 2013 c.351 �2; 2015 c.245 �16; 2015 c.647 �17]

�� 342.197 [Formerly 345.585; 2015 c.647 �18; repealed by 2015 c.245 �54]

�� 342.200 Administrative licenses based on professional skills and experience. In order to allow the school districts of the state to take full advantage of various professional skills and disciplines not directly developed through teaching experience or professional education for which teaching experience is a prerequisite, it is the public policy of the State of Oregon that the Teacher Standards and Practices Commission, when considering an applicant for an administrative license, shall consider professional skills, education and experience not directly related to, nor contingent upon, teaching experience or training as a classroom teacher. [1971 c.570 �1; 1973 c.270 �10; 2011 c.609 �7; 2015 c.647 ��19,43]

�� 342.202 Administrator comprehensive leadership development system. (1) The Department of Education, in partnership with the Teacher Standards and Practices Commission, shall create a comprehensive leadership development system for administrators licensed under ORS 342.125.

�� (2) The comprehensive leadership development system must include:

�� (a) A cost-effective plan that requires the coordination of public and private organizations and resources to:

�� (A) Improve the success of this state�s highest needs students;

�� (B) Provide research and technical assistance to schools seeking to adopt or enhance evidence-based leadership practices;

�� (C) Recruit underrepresented persons into the field of public school leadership; and

�� (D) Strengthen the capacity of administrators to improve education in public schools in this state;

�� (b) A plan for collaboration and continuous improvement among administrator preparation programs approved by the Teacher Standards and Practices Commission to support performance-based assessments for administrators and candidates for administrative licensure;

�� (c) A plan for recruitment of underrepresented persons into administrator leadership programs;

�� (d) The improvement of access to high quality preparation and professional development for administrators working in rural school districts;

�� (e) A method for disseminating evidence-based practices to support the development of effective principals and teachers; and

�� (f) A method for providing research and technical assistance to school districts to encourage the placement of the most highly effective teachers in the highest need schools. [2011 c.609 �3]

�� Note: 342.202 was added to and made a part of ORS chapter 342 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 342.203 Publication of list of teachers, administrators and teacher candidates subjected to discipline. (1) The Teacher Standards and Practices Commission shall regularly publish information online that can be accessed by school districts, public charter schools and education service districts and that includes the following:

�� (a) All teachers and administrators whose teaching or administrative licenses have been suspended or revoked or who have been reprimanded or placed on probation during the preceding 12 months.

�� (b) All candidates enrolled in approved educator preparation programs under ORS 342.147 whose right to apply for a license or registration has been suspended or revoked during the preceding 12 months.

�� (2) If the decision of the commission is appealed under ORS 342.180, the name of the teacher, administrator or candidate shall not be published online under subsection (1) of this section unless and until such decision has been sustained by the Court of Appeals or until the appeal has been dropped. [1973 c.228 �5; 1993 c.45 �169; 2009 c.386 �3; 2015 c.647 ��20,44]

�� 342.205 [Repealed by 1965 c.608 �21]

�� 342.208 Model career pathways for instructional assistants to become licensed teachers. (1) The State Board of Education shall develop model career pathways for instructional assistants, as defined in ORS 342.120, to become licensed teachers. The model career pathways must take into consideration the skills and experience attained by an instructional assistant.

�� (2) The model career pathways must identify:

�� (a) The minimum requirements for an instructional assistant to participate in a career pathway, including the requirement that the instructional assistant have attained at least an associate degree and be currently employed by a school district or an education service district.

�� (b) Guidelines for school districts, education service districts and institutions of higher education to collaborate to assist an instructional assistant who is participating in a career pathway. [2013 c.286 ��2,4; 2015 c.245 ��19,20; 2015 c.774 ��21,53]

�� Note: 342.208 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 342 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 342.210 [Amended by 1955 c.281 �1; 1959 c.433 �1; repealed by 1965 c.608 �21]

�� 342.215 [Repealed by 1957 c.591 �1]

�� 342.216 [1957 c.590 �2; repealed by 1965 c.608 �21]

�� 342.218 [1961 c.69 ��2,3; repealed by 1965 c.608 �21]

�� 342.220 [Amended by 1957 c.591 �2; repealed by 1965 c.608 �21]

�� 342.223 Criminal records check; effect of making false statement; appeal. (1) For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Teacher Standards and Practices Commission may require the fingerprints of:

�� (a) A person who is applying for a license or registration under ORS 342.120 to 342.430 as a teacher, administrator or personnel specialist if the person has not submitted to a criminal records check by the commission within the previous three years or has remained continuously licensed by or registered with the commission for a different license or registration for which the person already has submitted to a criminal records check by the commission.

�� (b) A person who is applying for reinstatement of a license or registration as a teacher, administrator or personnel specialist, or a certificate as a school nurse, whose license, registration or certificate has lapsed for at least three years.

�� (c) A person who is applying for a certificate under ORS 342.475 as a school nurse.

�� (d) A person who is registering with the commission for supervised clinical practice experience, practicum or internship as a teacher, administrator or personnel specialist, if the person does not hold a current license issued by the commission and has not submitted to a criminal records check by the commission within the previous three years for student teaching, practicum or internship as a teacher, administrator or personnel specialist.

�� (e) A person who is applying for a registration as a public charter school teacher or administrator under ORS 342.125.

�� (2) The making of any false statement as to the conviction of a crime is grounds for refusal to issue, renew or reinstate a license, certificate or registration and is in addition to the grounds stated in ORS 342.143.

�� (3) A person may appeal the refusal to issue a license, registration or certificate under this section as a contested case under ORS 183.413 to 183.470, but the refusal to renew or reinstate a license or registration is subject to ORS 342.175 to

ORS 342.598

342.598; 1997 c.795 �1; 1999 c.59 �83]

�� 332.435 Liability insurance; self-insurance program for liability; medical and hospital benefits for students. Any district school board may enter into contracts of insurance for liability or operate a self-insurance program for liability covering all activities engaged in by the district for medical and hospital benefits for students engaging in athletic contests and in traffic patrols and may pay the necessary premiums thereon. Failure to procure such insurance or operate such a program shall in no case be construed as negligence or lack of diligence on the part of the district school board or the members thereof. [Formerly 332.235; 1967 c.627 �13; 1997 c.795 �2]

�� 332.437 Insurance reserve fund. Any school district board by resolution may establish an insurance reserve fund by making transfers from the district�s general fund. Transfers to the insurance reserve fund shall be included in the district budget prepared and published in accordance with ORS 294.305 to 294.565. If at any time conditions arise which dispense with the necessity for further transfers to or expenditures from a fund established pursuant to this section, the district board shall so declare by resolution. The resolution shall order the balance remaining in such fund to be transferred to the general fund of the district and shall declare the insurance reserve fund closed. [1971 c.599 �1; 1975 c.770 �23]

�� 332.440 [Renumbered 332.075]

TRAFFIC REGULATION

�� 332.445 Regulation of vehicles on school property; rules. (1) As used in this section, �vehicles� means and includes all motor vehicles as defined in ORS 801.360 and every other mechanical device in or on which a person or thing is or may be carried and which is intended for such use except road rollers, farm tractors, traction engines, police ambulances, devices moved exclusively on stationary tracks, devices operated by electric energy transmitted through trolley poles from trolley wires and devices powered exclusively by human power.

�� (2) A district school board by resolution may adopt, modify or abolish rules prohibiting, restricting or regulating the operation and parking of vehicles, or particular classes or kinds of vehicles, upon property controlled by the district, as the board considers convenient or necessary for the policing of such property. The district school board may require that before a quarterly or yearly parking privilege for any vehicle is granted to any full-time or part-time student to use district property, the student must show that the vehicle is operated by a student holding a valid driver�s license, that the vehicle is currently registered and that the student driving the vehicle is insured under a motor vehicle liability insurance policy that meets the requirements described under ORS 806.080 or that the student or owner of the vehicle has provided the Department of Transportation with other satisfactory proof of compliance with the financial responsibility requirements of this state.

�� (3) The rules adopted under subsection (2) of this section shall become effective when appropriate signs giving notice thereof are erected upon property controlled by the district.

�� (4) Every peace officer may enforce the rules adopted under subsection (2) of this section.

�� (5) The district and any municipal corporation or any department, agency or political subdivision of this state may enter into agreements or contracts with each other for the purpose of providing a uniform system of enforcement of the rules adopted under subsection (2) of this section. [Formerly 332.205; 1983 c.338 �912; 1993 c.45 �55; 1993 c.221 �1]

�� 332.450 [Renumbered 332.077]

�� 332.460 [Repealed by 1953 c.56 �2]

�� 332.470 [Formerly 336.500; 1975 c.770 �26; repealed by 1977 c.146 �2]

PERSONNEL

�� 332.505 Employment and compensation of personnel; written personnel policies. (1) A district school board may:

�� (a) Employ a superintendent of schools and necessary assistant superintendents for the district and fix the terms and conditions of employment and the compensation. The district school board shall not contract with a superintendent for more than a period of three years at a time. The contract shall automatically expire at the end of its term. Nothing in this paragraph prevents a district school board from:

�� (A) Electing to issue a subsequent contract for an additional three years at any time.

�� (B) Including in the contract provisions that provide for the termination of employment of the superintendent prior to the expiration of the contract. If the superintendent and the district school board mutually agree to include a termination-without-cause provision in the contract, the district school board may terminate the superintendent�s employment, without cause, at any time during the contract period only if the district school board provides the superintendent with at least 12 months� notice of the termination. Nothing in this subparagraph authorizes the district school board to make a wrongful termination or a termination for any reason described in subsection (3)(a) of this section.

�� (b) Employ personnel, including teachers and administrators, necessary to carry out the duties and powers of the board and fix the duties, terms and conditions of employment and the compensation.

�� (c) Compensate district employees in any form which may include, but shall not be limited to, insurance, tuition reimbursement and salaries.

�� (d) Employ instructional assistants and intern teachers subject to the rules of the State Board of Education. As used in this paragraph:

�� (A) �Instructional assistant� has the meaning given that term in ORS 342.120.

�� (B) �Intern teacher� means a regularly enrolled candidate of an approved educator preparation provider, as defined in ORS 342.120, who teaches under the supervision of the staff of the provider and of the employing district in order to acquire practical experience in teaching and for which the candidate receives both academic credit from the provider and financial compensation from the school district or education service district.

�� (2)(a) A district school board shall designate one or more civil rights coordinators for the school district. A civil rights coordinator may be an employee of the school district or the school district may enter into a contract with an education service district for the services of a civil rights coordinator. A civil rights coordinator, at a minimum, shall:

�� (A) Monitor, coordinate and oversee school district compliance with state and federal laws prohibiting discrimination in public education;

�� (B) Oversee investigations of complaints alleging discrimination in public education and ensure that the investigations are resolved;

�� (C) Provide guidance to school and school district personnel on civil rights issues in the school district, respond to questions and concerns about civil rights in the school district and coordinate efforts to prevent civil rights violations from occurring in the school district;

�� (D) Satisfy any training requirements prescribed by the State Board of Education by rule; and

�� (E) Comply with any rules adopted by the State Board of Education for the purpose of implementing this paragraph.

�� (b) As used in this subsection, �discrimination� has the meaning given that term in ORS

ORS 343.650

343.650. Suspension or expulsion of a student from the regular school program does not relieve the district of the obligation to provide instruction in the residential program in which the child resides or in another appropriate facility. [1993 c.45 �119; 1999 c.989 �34; 2001 c.900 �241; 2007 c.70 �96; 2014 c.81 �11; 2015 c.671 �5]

�� 339.139 Residency of military children; rules. (1) As used in this section:

�� (a) �Military child� means a child who is in a military family covered by the Interstate Compact on Educational Opportunity for Military Children, as determined under rules adopted by the State Board of Education.

�� (b) �Military transfer� means the transfer or pending transfer of a parent of a military child pursuant to an official military order.

�� (c) �School district of military residence� means the school district in which:

�� (A) The family of a military child intends to reside as the result of a military transfer; or

�� (B) If the school district in which the family of a military child intends to reside as the result of a military transfer is unknown, the school district in which the military installation identified in the official military order is located.

�� (2) For the purposes of enrollment and class placement at a school of a school district, a military child shall be:

�� (a) Considered a resident of the school district if the school district is the school district of military residence for the military child; and

�� (b) Entitled to the same processes and rights of enrollment and class placement as any child who is a resident of the school district.

�� (3) A parent of a military child who is considered a resident of a school district as provided by subsection (2) of this section must provide proof of residency within 10 days after the date of military transfer indicated in the official military order.

�� (4) Nothing in this section:

�� (a) Requires compliance with the school attendance requirements of ORS 339.010 and 339.020 prior to 10 days after the date of military transfer indicated in the official military order; or

�� (b) Entitles a school district to State School Fund distributions for a military child until the military child is first considered present at the school.

�� (5) The State Board of Education shall adopt any rules necessary for the administration of this section. [2019 c.347 �1]

�� 339.140 [Repealed by 1965 c.100 �456]

TUITION AND FEES

�� 339.141 Tuition prohibited for regular school program; other programs. (1) For the purposes of this section:

�� (a) �Public charter school� has the meaning given that term in ORS 338.005.

�� (b) �Regular school program� means the regular curriculum that is provided in the schools of the school district, including public charter schools, and that is provided:

�� (A) As required full-day sessions in grades 1 through 12;

�� (B) As required half-day sessions in kindergarten or as optional full-day sessions in kindergarten; and

�� (C) During the hours and months when the schools of the school district or public charter schools are normally in operation, except summer sessions or evening sessions.

�� (c) �Tuition� means payment for the cost of instruction and does not include fees authorized under ORS 339.155.

�� (2) Except as provided in subsection (3) of this section, district school boards and public charter schools may establish tuition rates to be paid by pupils receiving instruction in educational programs, classes or courses of study, including traffic safety education, which are not a part of the regular school program. Tuition charges, if made, shall not exceed the estimated cost to the district or public charter school of furnishing the program, class or course of study.

�� (3) Except as provided in ORS 336.805 for traffic safety education:

�� (a) No tuition shall be charged to any resident pupil regularly enrolled in the regular school program for special instruction received at any time in connection therewith.

�� (b) No program, class or course of study for which tuition is charged, except courses of study beyond the 12th grade, shall be eligible for reimbursement from state funds. [Formerly

ORS 345.010

345.010 to 345.340 or any applicable rule.

�� (c) Ceased to engage in the business authorized by the license.

�� (d) Willfully used or employed any method, act or practice declared unlawful by ORS 646.608.

�� (4)(a) When notice of suspension or revocation is issued, the licensee shall be notified and, upon request, shall be granted a contested case hearing under ORS 183.310 (2).

�� (b) If a licensee requests a contested case hearing under this subsection, the suspension or revocation may take effect only after a hearing officer determines that there is proper cause.

�� (5) A licensee that is issued a notice for corrective action must be formally notified by the commission that it has deficiencies that must be corrected within a time specified in the notice.

�� (6) A licensee whose license is suspended is prohibited from advertising, recruiting or enrolling students but may remain in operation to complete training of students enrolled on the effective date of the suspension.

�� (7) A licensee whose license has been revoked is not authorized to continue in operation on and after the effective date of the revocation. [Amended by 1965 c.409 �3; 1975 c.478 �13; 1989 c.333 �12; 1993 c.45 �265; 1995 c.343 �11; 2012 c.104 �32; 2017 c.422 �1]

�� 345.130 [Repealed by 1975 c.478 �29]

�� 345.140 [Repealed by 1975 c.478 �29]

�� 345.150 [Amended by 1971 c.734 �39; repealed by 1975 c.478 �29]

�� 345.160 [Repealed by 1975 c.478 �29]

�� 345.170 [Repealed by 1975 c.478 �29]

�� 345.180 [Repealed by 1975 c.478 �29]

�� 345.190 [Repealed by 1975 c.478 �29 and by 1975 c.759 �17]

�� 345.200 [Repealed by 1975 c.478 �29 and by 1975 c.759 �17]

�� 345.210 Proof of license required in suit by career school, agent or employee. No career school or its agents or employees shall bring or maintain any suit or action in any court in or of this state for a cause of suit or action arising out of doing business as a career school in this state, without alleging and proving that it has complied with the applicable licensing provisions of ORS 345.010 to 345.340 and 345.992 to

ORS 345.340

345.340; and

�� (c) The history of the applicant in operating career schools in other states.

�� (5) The commission may not issue a license to or renew the license of a career school until the applicant provides all of the following to the commission:

�� (a) A financial statement, certified true and accurate and signed by the owner of the school;

�� (b) Proof of compliance with the tuition protection policy established by the commission pursuant to ORS 345.110; and

�� (c) Fingerprints of individuals as described in subsection (6) of this section.

�� (6)(a) Except as provided in paragraph (c) of this subsection, an applicant for an initial issuance of a license or a renewal of a license must provide to the commission the fingerprints of faculty members and agents of the school and individuals who hold positions of authority or control in the operation of the school if the career school will be enrolling or does enroll persons under 18 years of age.

�� (b) In addition to requirements provided under paragraph (a) of this subsection, the commission may require a career school to provide the fingerprints of any agents of the school who will have contact with persons under 18 years of age on behalf of the career school.

�� (c) An applicant is not required to provide fingerprints under paragraph (a) or (b) of this subsection if the commission has conducted a state or nationwide criminal records check on the person within the three years preceding the date of the application.

�� (d) The commission shall request a state or nationwide criminal records check under ORS

ORS 345.997

345.997 at the time such cause of suit or action arose. [Amended by 1975 c.478 �14; 1989 c.333 �13; 1995 c.343 �12]

�� 345.220 [Amended by 1961 c.268 �12; 1965 c.529 �14; repealed by 1975 c.478 �29]

�� 345.230 Remedies are additional. The remedies provided in ORS 345.010 to 345.340 and 345.992 to 345.997 are in addition to, and not exclusive of, any other remedies provided by law. [Amended by 1975 c.478 �15; 1975 c.759 �17a; 1991 c.67 �85]

�� 345.240 Discrimination prohibited; complaint. (1) No career school licensed under ORS 345.010 to 345.340 shall refuse admission to or discriminate in admission against or discriminate in giving instruction to any person otherwise qualified.

�� (2) Any violation of this section is an unlawful practice under ORS chapter 659A. Any person unlawfully discriminated against under this section may file a complaint under ORS 659A.820 with the Commissioner of the Bureau of Labor and Industries.

�� (3) A certified copy of a finding by the Commissioner of the Bureau of Labor and Industries under ORS 659A.850 that the school has violated this section shall be adequate proof of the violation.

�� (4) As used in this section, �discriminate� has the meaning given �discrimination� in ORS

ORS 35.335

35.335. [2009 c.530 �5]

�� 35.305 Conduct of trial; defendant�s option; jury argument; neither side has burden of proof of just compensation. (1) Evidence shall be received and the trial conducted in the order and manner prescribed for a civil action in the circuit court, except that the defendant shall have the option of proceeding first or last in the presentation of evidence, if notice of such election is filed with the court and served on the condemner at least seven days prior to the date set for trial. If no notice of election is filed, the condemner shall proceed first in the presentation of evidence. Unless the case is submitted by both sides to the jury without argument, the party who presents evidence first shall also open and close the argument to the jury.

�� (2) Condemner and defendant may offer evidence of just compensation, but neither party shall have the burden of proof of just compensation. [1971 c.741 �14; 1979 c.284 �76]

�� 35.315 View of property by order of court. If motion is made by either party before the formation of the jury, the court shall order a view of the property in question. Upon the return of the jury, the evidence of the parties may be heard and the verdict of the jury given. [1971 c.741 �15; 2007 c.71 �11]

�� 35.325 Effect of judgment; effect of payment under judgment. Upon the assessment of the compensation by the jury, the court shall give judgment appropriating the property in question to the condemner, conditioned upon the condemner�s paying into court the compensation assessed by the jury; and, after the making of such payment, the judgment shall become effective to convey the property, and the right of possession thereof to the condemner if not previously acquired. [1971 c.741 �16]

�� 35.335 Effect of condemner�s abandonment of action. (1) If an action is abandoned by the condemner, the court shall enter judgment in favor of the defendant for costs and disbursements in the action and for reasonable attorney fees and reasonable expenses as determined by the court.

�� (2) Expenses mean costs of appraisals and fees for experts incurred in preparing and conducting the defense to the action.

�� (3) An action is considered abandoned if, at any time after filing a complaint, the case is dismissed or terminated or the condemner files an election not to take the property. If an election is not filed within 60 days after the verdict, the condemner is considered to have elected to take the property. [1971 c.741 �17]

�� 35.345 [1971 c.741 �18; repealed by 1973 c.617 �1 (35.346 enacted in lieu of 35.345)]

�� 35.346 Offer to purchase required before filing action for condemnation; appraisal; arbitration; when costs and disbursements allowed. (1) At least 40 days before the filing of any action for condemnation of property or any interest in property, the condemner shall make a written offer to the owner or party having an interest to purchase the property or interest, and to pay just compensation therefor and for any compensable damages to remaining property.

�� (2) The offer shall be accompanied by any written appraisal upon which the condemner relied in establishing the amount of compensation offered. If the condemner determines that the amount of just compensation due is less than $20,000, the condemner, in lieu of a written appraisal, may provide to the owner or other person having an interest in the property a written explanation of the bases and method by which the condemner arrived at the specific valuation of the property. The amount of just compensation offered shall not be reduced by amendment or otherwise before or during trial except on order of the court entered not less than 60 days prior to trial. An order for reduction of just compensation offered, pleaded by the condemner in the complaint or deposited with the court for the use and benefit of the owner pending outcome of the condemnation action, may be entered only upon motion of the condemner and a finding by clear and convincing evidence that the appraisal upon which the original offer is based was the result of a mistake of material fact that was not known and could not reasonably have been known at the time of the original appraisal or was based on a mistake of law.

�� (3) Unless otherwise agreed to by the condemner and the owner, prior to appraising the property the condemner shall provide not less than 15 days� written notice to the owner of the planned appraisal inspection. The property owner and designated representative, if any, shall be invited to accompany the condemner�s appraiser on any inspection of the property for appraisal purposes.

�� (4) The owner has not less than 40 days from the date the owner receives the written offer required by subsection (1) of this section, accompanied by the appraisal or written explanation required by subsection (2) of this section, to accept or reject the offer. If the owner rejects the condemner�s offer and obtains a separate appraisal, the owner shall provide the condemner with a copy of the owner�s appraisal not less than 60 days prior to trial or arbitration.

�� (5)(a) Failure to provide the opposing party with a copy of the appropriate appraisal as provided in subsections (2) and (4) of this section shall prohibit the use of the appraisal in arbitration or at trial.

�� (b) In the event the owner and condemner are unable to reach agreement and proceed to trial or arbitration as provided in subsection (6) of this section, each party to the proceeding shall provide to every other party a copy of every appraisal obtained by the party as part of the condemnation action.

�� (6)(a) If an action based on the condemnation is filed, the owner may elect to have compensation determined by binding arbitration if the total amount of compensation claimed by any party does not exceed $20,000. Notice of an election of binding arbitration must be given to the condemner at least 90 days prior to the date on which an arbitration hearing is scheduled under ORS

ORS 350.540

350.540, 350.545, 350.550 and 353.445.

�� (3) A public university listed in ORS 352.002 or the Oregon Health and Science University may retain or may elect to have its affiliated foundation retain some or all of the principal contributed to a university venture development fund for investment to perpetuate and increase the moneys available for expenditure. The balance of the fund and the earnings on that balance may be used as provided under ORS 350.540, 350.545, 350.550 and 353.445. [Formerly 351.695]

�� 350.550 Purposes of funds; disbursement; assessment; annual report. (1) Each public university listed in ORS 352.002 and Oregon Health and Science University may elect to establish a university venture development fund as provided in this section for the purpose of facilitating the commercialization of university research and development. A university shall direct that the university venture development fund be administered, in whole or in part, by the university or by the university�s affiliated foundation.

�� (2) The purposes of a university venture development fund are to provide:

�� (a) Capital for university entrepreneurial programs;

�� (b) Opportunities for students to gain experience in applying research to commercial activities;

�� (c) Proof-of-concept funding for transforming research and development concepts into commercially viable products and services; and

�� (d) Entrepreneurial opportunities for persons interested in transforming research into viable commercial ventures that create jobs in this state.

�� (3) Each university that elects to establish a university venture development fund shall:

�� (a) Notify the Department of Revenue of the establishment of the fund;

�� (b) Either directly or through its affiliated foundation, solicit contributions to the fund and receive, manage and disburse moneys contributed to the fund;

�� (c) Subject to ORS 315.640, 350.540 and 353.445, issue tax credit certificates to contributors to the fund in the amount of the contributions;

�� (d) Establish a grant program that meets the requirements for a venture grant program under policies adopted under ORS 350.540 by the governing board of a public university listed in ORS 352.002 or under policies adopted by the Oregon Health and Science University Board of Directors under ORS 353.445; and

�� (e) Subject to available moneys from the fund, provide qualified grant applicants with moneys for the purpose of facilitating the commercialization of university research and development.

�� (4) Except as provided in subsection (5) of this section, moneys in a university venture development fund shall be disbursed only as directed by a university.

�� (5) A university or its affiliated foundation may charge its customary administrative assessment to manage its university venture development fund in an amount not to exceed three percent of the fund�s average balance during the fiscal year of the university or its affiliated foundation. The administrative assessment may be paid from the assets in the fund. Except as authorized by law, no other fees or indirect costs shall be charged against the university venture development fund or any associated grants or other disbursements from the fund.

�� (6)(a) A university that has established a university venture development fund shall monitor the use of grants made from the fund and identify the income realized by the university as the result of the use of the grants. Income consists of cash realized from royalties, milestone and license fee payments and cash from the sale of equity. The university shall cause the transfer of 20 percent of the income realized from the grants to the General Fund. Except as provided in paragraph (b) of this subsection, the transferred amount may not exceed the amount of the tax credits indicated on certificates issued by the university as a result of contributions to its university venture development fund. Immediately upon deposit of the transferred amount into the General Fund, the university may issue new tax credits to equal the transferred amount.

�� (b) In addition to the transferred amounts described in paragraph (a) of this subsection, for any amount listed on a certificate that has not been claimed as a tax credit by a taxpayer within five years of its issuance, a university may accept a donation and issue a certificate for an equal amount.

�� (7) A university that has established a university venture development fund shall report annually to the Legislative Assembly or, if the Legislative Assembly is not in session, to the interim legislative committees on revenue. The report shall be at the end of the fiscal year of the university or of its affiliated foundation and provide information for that fiscal year. The university shall include in the report the following information pertaining to its university venture development fund:

�� (a) The amount of donations received for the fund;

�� (b) The amount of income received from the fund;

�� (c) The amount of disbursements and grants paid from the fund;

�� (d) The amount of income and royalties received from disbursements from the fund; and

�� (e) The amount of moneys transferred from the fund to the General Fund. [Formerly 351.697; 2016 c.31 �5]

POLICY ON INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION

�� 350.600 Legislative findings. The Legislative Assembly finds that:

�� (1) The current and future need for higher education services in Oregon is too great and too diverse to be met by government-sponsored institutions alone.

�� (2) From the early 1840s the citizens of Oregon, through private initiative, have created and sustained a variety of independent not-for-profit institutions of higher education, irrevocably organized as public benefit corporations in service to the people of Oregon. For the purposes of ORS 350.600 to 350.620, �independent institutions� or �independent higher education� refers to such institutions.

�� (3) These independent institutions:

�� (a) Conduct teaching, research and public service of high quality, contributing substantially to the preparation of a professional workforce, to the intellectual and cultural quality of life in Oregon and to the individual character of social responsibility so highly prized in this state and nation;

�� (b) Provide a major share of all post-secondary education in Oregon, at the lowest cost to the taxpayer;

�� (c) Add meaningful and valued diversity to the array of post-secondary educational opportunities available to Oregonians;

�� (d) Are accessible to qualified students of all ethnic backgrounds and from all socioeconomic levels;

�� (e) Annually attract thousands of talented people to Oregon from other regions of the country and the world;

�� (f) Provide unique local opportunities in higher education that many Oregonians would otherwise leave the state to find;

�� (g) Attract and sustain voluntary donations of private time, treasure and talent from thousands of citizens in public service toward fulfilling the educational needs of the larger community; and

�� (h) Constitute a sizable economic enterprise.

�� (4) The educational capital and services of these independent institutions are essential to meeting the current and future higher educational needs of Oregon�s citizens. [Formerly 352.665]

�� 350.605 Declaration regarding public purpose to encourage and increase opportunities in independent higher education. Based on the legislative findings described in ORS 350.600, the Legislative Assembly declares that it is an important public interest to encourage and increase opportunities in independent higher education for the people of Oregon. [Formerly 352.667]

�� 350.610 Declaration regarding policies and practices of state agencies and Higher Education Coordinating Commission. The Legislative Assembly declares that all state agencies and the Higher Education Coordinating Commission should pursue policies and engage in practices that enhance the vitality of independent higher education in Oregon and should cooperate with the state�s independent institutions. [Formerly

ORS 357.835

357.835 (1) for public records valued for legal, administrative, fiscal, tribal cultural, historical or research purposes.

�� (12) Implement curriculum and training opportunities for county circuit court, tax court, Court of Appeals and Supreme Court judges to meet the minimum continuing education requirements established by the Chief Justice under ORS 1.002 (1)(k). [1981 s.s. c.1 �15; 1985 c.308 �1; 1991 c.790 �19; 1995 c.244 �1; 1999 c.787 �2; 2001 c.779 �5; 2011 c.224 �6; 2011 c.595 �106; 2023 c.35 �9; 2025 c.88 �2]

�� 8.130 Fees payable to State Treasurer. Unless otherwise provided by law, all fees and other moneys collected by the State Court Administrator shall be paid to the State Treasurer promptly, and shall be deposited in the General Fund available for general governmental expenses. [Amended by 1971 c.193 �3; 1981 s.s. c.1 �16]

�� 8.140 [Amended by 1971 c.193 �4; repealed by 1981 s.s. c.1 �25]

�� 8.150 Appointment and compensation of employees. The State Court Administrator, with the approval of the Chief Justice of the Supreme Court, may appoint and shall fix the compensation of employees to perform or assist in the performance of duties, powers and functions of the administrator. [Amended by 1971 c.193 �5; 1981 s.s. c.1 �17]

�� 8.155 Bailiffs of higher courts. (1) Bailiffs for the Supreme Court and the Court of Appeals shall be appointed under a personnel plan established by the Chief Justice of the Supreme Court. The bailiffs shall be executive officers of the respective courts.

�� (2) Process in cases of original jurisdiction in the Supreme Court may be executed by the bailiff or any sheriff of the state as directed by the court. [Formerly 8.010]

�� 8.160 Administrator and staff not to engage in private practice of law. The State Court Administrator and employees of the administrator shall not engage in the private practice of law. [Amended by 1953 c.382 �4; 1971 c.193 �6; 1981 s.s. c.1 �18]

�� 8.170 Status of court officers and employees. Officers and employees of the Supreme Court, Court of Appeals and Oregon Tax Court, and employees of the State Court Administrator, who are appointed under a personnel plan established by the Chief Justice of the Supreme Court are state officers or employees in the exempt service and not subject to ORS chapter 240. However, such personnel shall have the right to be dismissed only for just cause after hearing and appeal. [1983 c.763 �27]

�� 8.172 [1995 c.658 �146; repealed by 2001 c.823 �24 (1.204 enacted in lieu of 8.172)]

TRIAL COURT ADMINISTRATORS AND STAFF

�� 8.185 Trial court administrator for judicial district. Unless otherwise ordered by the Chief Justice of the Supreme Court, there shall be a trial court administrator for each judicial district described in ORS 3.012. The Chief Justice may order that one trial court administrator serve for two or more adjoining judicial districts. [1981 s.s. c.3 �8; 1995 c.658 �17; 1997 c.801 �115]

�� 8.195 Appointment of trial court administrators; removal. (1) Subject to applicable provisions of a personnel plan established by the Chief Justice of the Supreme Court, a person to serve as trial court administrator for:

�� (a) One judicial district shall be appointed by the presiding judge for the judicial district, with the approval of a majority of the circuit court judges in the district.

�� (b) The circuit court in a judicial district shall be appointed by the presiding judge for the judicial district, with the approval of a majority of the circuit court judges.

�� (c) Two or more adjoining judicial districts shall be appointed by the presiding judges for the judicial districts, with the approval of a majority of the circuit court judges in the districts.

�� (2) A trial court administrator may be removed from the office by the appointing presiding judge as provided in a personnel plan established by the Chief Justice of the Supreme Court. [1981 s.s. c.3 �9; 1995 c.658 �18; 1995 c.781 �18]

�� 8.205 [1981 s.s. c.3 �10; 1995 c.658 �19; repealed by 1997 c.801 �131]

�� 8.210 [Repealed by 1973 c.781 �4]

�� 8.215 [1981 s.s. c.3 �11; 1995 c.658 �20a; 1995 c.781 �19; repealed by 1997 c.801 �131]

�� 8.220 [Repealed by 1973 c.781 �4]

�� 8.225 Duties of trial court administrator; delegation; transcript coordinator. (1) The trial court administrator for a judicial district has the duties, powers and functions prescribed by law or by rules of the circuit courts in the district.

�� (2) A trial court administrator shall, for each court served by the officer:

�� (a) Keep the seal of the court, and affix it in all cases required by law.

�� (b) Record the proceedings of the court.

�� (c) Maintain the records, files, books and other documents pertaining to the court.

�� (d) File all documents delivered to the trial court administrator in any action or proceeding in the court.

�� (e) Attend the court, administer oaths and receive the verdict of a jury in any action or proceeding therein, in the presence and under the direction of the court.

�� (f) Under the direction of the court enter its orders and judgments.

�� (g) Authenticate, by certificate or transcript, as may be required, the records, files or proceedings of the court, or any document pertaining thereto, and filed with the officer.

�� (h) In the performance of duties pertaining to the court, conform to the direction of the court.

�� (3) A trial court administrator may take and certify the proof and acknowledgment of a conveyance of real property or any other written instrument authorized or required to be proved or acknowledged.

�� (4) A trial court administrator may delegate powers of the office of trial court administrator to employees of the trial court administrator.

�� (5) A trial court administrator shall designate a person to act as transcript coordinator for the court. [1981 s.s. c.3 �12; 1985 c.540 �22; 1993 c.223 �1; 1995 c.273 �4; 1997 c.801 ��117,117a; 2007 c.129 �8; 2015 c.212 �13]

�� 8.235 Trial court administrators as state employees. Trial court administrators appointed under ORS 8.195 and other nonjudicial officers and employees of the circuit courts who are appointed under a personnel plan established by the Chief Justice of the Supreme Court are state officers or employees in the exempt service and not subject to ORS chapter 240. However, such personnel shall retain the right to be dismissed only for just cause after hearing and appeal. [1981 s.s. c.3 �13; 1997 c.801 �118]

�� 8.245 Trial court administrators and other personnel not to engage in private practice of law. Trial court administrators appointed under ORS 8.195 and other nonjudicial officers and employees of the circuit courts who are appointed under a personnel plan established by the Chief Justice of the Supreme Court shall not engage in the private practice of law. [1981 s.s. c.3 �15; 1997 c.801 �119]

�� 8.255 Agreement between state and county to provide services with county employees; payment to county; supervision of employees. (1) The State Court Administrator, on behalf of the state, and the governing body of a county, on behalf of the county, may enter into an agreement whereby services required to be provided by the state for the circuit court for the county are provided by employees of the county, instead of by state officers and employees, and the expenses of the county in providing those services are paid to the county by the state from funds available for the purpose.

�� (2) County employees providing services under an agreement shall be under the supervision and control of the trial court administrator appointed under ORS 8.195. County employees providing services under an agreement are not thereby state employees. County employees providing services under an agreement shall not engage in the private practice of law.

�� (3) With the prior approval of the State Court Administrator, a trial court administrator appointed under ORS 8.195, on behalf of the state, and the governing body of a county, on behalf of the county, may enter into an agreement under this section in respect to services for a circuit court for the county served by the trial court administrator. [1981 s.s. c.3 �16; 1995 c.781 �20; 1997 c.801 �120]

�� 8.260 [1953 c.34 �6; repealed by 1959 c.552 �16]

COLLECTIVE BARGAINING

�� 8.270 Collective bargaining rights of court administrators and staff. All officers and employees of the courts of this state who are referred to in ORS 8.170 and 8.235 are subject to collective bargaining to the extent provided in ORS 243.650 to 243.809, and ORS

ORS 358.405

358.405, and there is disagreement between or among the city councils of the two or more respective cities, the matter shall be submitted to a judge of the circuit court for the judicial district in which the joint city museum is located, who shall arbitrate and decide the matter. [1953 c.481 �22; 1973 c.757 �8; 1983 c.260 �12]

LOANS TO MUSEUMS

�� 358.415 Definitions for ORS 358.420 to 358.440. For the purposes of ORS 358.420 to 358.440:

�� (1) �Loan,� �loaned� and �on loan� include all deposits of property with a museum that are not accompanied by a transfer of title to the property.

�� (2) �Museum� means an institution located in Oregon that:

�� (a) Is primarily educational, scientific or aesthetic in purpose;

�� (b) Owns, borrows or cares for, and studies, archives or exhibits property; and

�� (c) Is operated by a nonprofit corporation or public agency.

�� (3) �Property� includes all tangible objects, animate and inanimate, under a museum�s care that have intrinsic value to science, history, art or culture, except that it does not include botanical or zoological specimens loaned to a museum for scientific research purposes. [1985 c.580 �1; 2005 c.22 �256]

�� 358.420 Status of property loaned to a museum; statute of limitations on recovery. (1) No action shall be brought against a museum to recover property on loan to the museum when more than 25 years have passed from the date of the last written contact between the lender and the museum.

�� (2) Property on loan to a museum shall be deemed to have been donated to the museum if no action is filed to recover the property within seven years after the museum gave notice of termination of the loan as provided in ORS 358.425 and 358.430.

�� (3) Property on loan to a museum shall not escheat to the state under ORS 112.055, but shall pass to the museum if no person takes under ORS 112.025 to 112.045. [1985 c.580 �2]

�� 358.425 Notice of termination of loan; content. (1) A museum may give notice of termination of a loan of property at any time if the property was loaned to the museum for an indefinite term. If the property was loaned to the museum for a specified term, the museum may give notice of termination of the loan at any time after the expiration of the specified term.

�� (2) Notices given under this section shall contain:

�� (a) The name and address, if known, of the lender;

�� (b) The date of the loan;

�� (c) The name, address and telephone number of the appropriate office or official to be contacted at the museum for information regarding the loan; and

�� (d) Any other information deemed necessary by the museum. [1985 c.580 �3]

�� 358.430 Procedure for giving notice; responsibility of owner. (1) To give notice of termination of a loan, the museum shall mail a notice to the lender at the most recent address of the lender as shown on the museum�s records pertaining to the property on loan. If the museum has no address in its records, or the museum does not receive written proof of receipt of the mailed notice within 30 days of the date the notice was mailed, the museum shall publish notice at least once a week for three consecutive weeks in a newspaper of general circulation in both the county in which the museum is located and the county of the lender�s address, if any.

�� (2) For the purposes of this section, if the loan of property was made to a branch of a museum, the museum is located in the county where the branch is located. Otherwise, the museum is located in the county in which it has its principal place of business.

�� (3) It is the responsibility of the owner of property on loan to a museum to notify the museum promptly in writing of any change of address or change in ownership of the property. [1985 c.580 �4]

�� 358.435 Status of title to acquired property. One who purchases property from a museum acquires good title to the property if the museum represents that it has acquired title to the property pursuant to ORS 358.420. [1985 c.580 �5]

�� 358.440 Notice to lenders. When a museum accepts a loan of property, the museum shall inform the lender in writing of the provisions of ORS 358.420 to 358.440. [1985 c.580 �6]

HERITAGE DISTRICTS

�� 358.442 Definitions for ORS 358.442 to 358.474. As used in ORS 358.442 to 358.474, unless the context requires otherwise:

�� (1) �County� means the county in which the administrative office of the district is located.

�� (2) �County governing body� means the county court or board of county commissioners of the county.

�� (3) �District� means a heritage district formed under ORS 198.705 to 198.955 and 358.442 to

ORS 358.505

358.505, there shall be included in the body of the instrument or by addendum the following statement: �THE PROPERTY DESCRIBED IN THIS INSTRUMENT IS SUBJECT TO SPECIAL ASSESSMENT UNDER ORS 358.505.�

�� (4) An action may not be maintained against the county recording officer for recording an instrument that does not contain the statement required in subsection (1) or (2) of this section.

�� (5) An action may not be maintained against any person for failure to include in the instrument the statement required in subsection (1) or (2) of this section, or for recording an instrument that does not contain the statement required in subsection (1) or (2) of this section, unless the person acquiring or agreeing to acquire fee title to the real property would not have executed or accepted the instrument but for the absence in the instrument of the statement required by subsection (1) or (2) of this section. An action may not be maintained by the person acquiring or agreeing to acquire fee title to the real property against any person other than the person transferring or contracting to transfer fee title to the real property.

�� (6) A transfer on death deed and an instrument revoking a transfer on death deed are not instruments subject to this section. [1983 c.718 �2; 1985 c.719 �1; 1989 c.366 �1; 1993 c.792 �40; 1995 c.5 �17; 2005 c.311 �1; 2007 c.424 �23; 2007 c.866 �7; 2009 c.892 �19; 2011 c.212 �24; 2025 c.209 �16]

�� 93.050 Gift or conveyance of life estate. A gift or conveyance of property under deed or other writing executed after June 30, 1993, to any person for the term of the life of the person, and after the death of the person to the children or heirs of the person, vests an estate or interest for life only in the grantee or person receiving the gift or conveyance, and remainder in the children or heirs. [1991 c.850 �3]

SPECIAL MATTERS IN PARTICULAR CONVEYANCES

�� 93.110 Quitclaim deed sufficient to pass estate. A deed of quitclaim and release, of the form in common use, is sufficient to pass all the estate which the grantor could lawfully convey by a deed of bargain and sale.

�� 93.120 Words of inheritance unnecessary to convey fee; conveyances deemed to convey all grantor�s estate. The term �heirs,� or other words of inheritance, is not necessary to create or convey an estate in fee simple. Any conveyance of real estate passes all the estate of the grantor, unless the intent to pass a lesser estate appears by express terms, or is necessarily implied in the terms of the grant.

�� 93.125 [2001 c.311 �3; repealed by 2002 s.s.1 c.6 �3]

�� 93.130 Conveyance of land in adverse possession of another. No grant or conveyance of lands or interest therein is void for the reason that at the time of its execution the lands were in the actual possession of another claiming adversely.

�� 93.140 Implied covenants. No covenant shall be implied in any conveyance of real estate, whether it contains special covenants or not, except as provided by ORS 93.850 to 93.870. [Amended by 1973 c.194 �6]

�� 93.150 Conveyance by tenant of greater estate than that possessed. A conveyance made by a tenant for life or years, purporting to grant a greater estate than the tenant possesses or could lawfully convey, does not work a forfeiture of the estate of the tenant, but passes to the grantee all the estate which the tenant could lawfully convey.

�� 93.160 Conveyance by reversioners and remainderpersons to life tenant vests fee. When real property has been devised to a person for life, and in case of the death of the life tenant without leaving lawful issue born alive and living at the time of death, then to other heirs of the testator, a conveyance to the life tenant from all reversioners or remainderpersons and all issue of the life tenant as are in being, of all their interest in the real property, vests a fee simple estate in the life tenant. [Amended by 2003 c.14 �35]

�� 93.170 [Repealed by 1969 c.591 �305]

�� 93.180 Forms of tenancy in conveyance or devise to two or more persons. (1) A conveyance or devise of real property, or an interest in real property, that is made to two or more persons:

�� (a) Creates a tenancy in common unless the conveyance or devise clearly and expressly declares that the grantees or devisees take the real property with right of survivorship.

�� (b) Creates a tenancy by the entirety if the conveyance or devise is to spouses married to each other unless the conveyance or devise clearly and expressly declares otherwise.

�� (c) Creates a joint tenancy as described in ORS 93.190 if the conveyance or devise is to a trustee or personal representative.

�� (2) A declaration of a right to survivorship creates a tenancy in common in the life estate with cross-contingent remainders in the fee simple.

�� (3) Except as provided in ORS 93.190, joint tenancy in real property is abolished and the use in a conveyance or devise of the words �joint tenants� or similar words without any other indication of an intent to create a right of survivorship creates a tenancy in common. [Amended by 1983 c.555 �1; 2007 c.64 �1; 2015 c.629 �5]

�� 93.190 Trustees or personal representatives as joint tenants; filling vacancies in office. (1) Every conveyance, deed of trust, mortgage or devise of an interest in or lien upon real or personal property to two or more persons as trustees or personal representatives, creates a joint tenancy in such interest or lien in the trustees or personal representatives unless it is expressly declared in the conveyance, deed of trust, mortgage or devise that the trustees or personal representatives shall take or hold the property as tenants in common or otherwise.

�� (2) If the conveyance, deed of trust, mortgage or devise provides for filling any vacancy in the office of trustee or personal representative, it may be filled as therein provided, but a court of competent jurisdiction may fill a vacancy in the trusteeship according to the established rules and principles of equity. In whichever way the vacancy is filled, the new trustee shall hold the property with all powers, rights and duties of an original trustee unless otherwise directed by conveyance, deed of trust, mortgage or devise, or order or judgment of the court. [Amended by 1969 c.591 �275; 2003 c.576 �353]

�� 93.200 Trustees or executors now hold as joint tenants. All trustees or executors holding real or personal property in trust on May 19, 1905, hold as joint tenants and not as tenants in common unless the conveyance, deed of trust, mortgage or devise, or order or decree of court creating or appointing the trustees or executors has declared otherwise.

�� 93.210 Presumption respecting deed from trustee of undisclosed beneficiary. If a deed to real estate has been made to a grantee in trust or designating the grantee as trustee, and no beneficiary is indicated or named in the deed, a deed thereafter executed by such grantee conveying the property is presumed to have been executed with full right and authority and conveys prima facie title to the property. The grantee in the last-mentioned deed is under no duty whatsoever to see to the application of the purchase price. If the last-mentioned deed is recorded after June 7, 1937, after five years from its recording or, if it was recorded prior to June 7, 1937, then after June 7, 1942, the presumption is conclusive as to any undisclosed beneficiary and the title to the real estate, based upon the last-mentioned deed, shall not be called in question by any one claiming as beneficiary under the first-mentioned deed.

�� 93.220 Release, limitation or restriction of power of appointment. (1) Any person to whom there has been granted or reserved any power of appointment or other power by which the person may elect to take any action affecting the disposition of property may at any time release, or, from time to time, limit or restrict such power in whole or in part by an instrument in writing evidencing that purpose and subscribed by the person.

�� (2) If the power is one to affect title to real property, the instrument shall be executed, acknowledged, proved and recorded, or filed with the registrar of title in each county in which the land is situated in the same manner as a conveyance of real property.

�� (3) If the power is of such nature that its exercise may affect the duty of any trustee or other fiduciary, such trustee or other fiduciary is not bound to take notice thereof unless the trustee or other fiduciary has received the original or an executed duplicate of the release or a copy thereof certified by the county clerk or county recorder of the county in which it has been recorded.

�� 93.230 Copy of Department of State Lands deed or patent given when original lost. (1) If parties to whom deeds have been issued by the Department of State Lands have lost such deeds before they were placed on record in the county wherein the land conveyed is located, the Director of the Department of State Lands, on application of the party entitled thereto, shall cause a certified copy of the record of the deed in the office of the department to be issued under its seal.

�� (2) If parties to whom patents for lands have been issued by the United States for lands in the State of Oregon have lost such patents before they were placed on record in the county wherein the land conveyed is located, such parties, or their successors in interest, may apply to and obtain from the Bureau of Land Management, or its successor agency, copies of the records of such patents, duly certified to be correct copies of the original patents, or of the record thereof, by the appropriate federal officer.

�� (3) Every certified copy issued in accordance with subsection (1) or (2) of this section is entitled to record in the proper county with like effect as the original deed or patent. Every such copy so certified may be read in evidence in any court in this state without further proof thereof. The record of any such certified copy, or a transcript thereof certified by the county clerk in whose office it may have been recorded, may be read in evidence in any court in this state with like effect as the original thereof or the original lost deed or patent. [Amended by 1967 c.421 �197]

�� 93.240 Rights to deferred installments of purchase price where two or more persons join as sellers of real property. (1) Subject to the provisions contained in this section, whenever two or more persons join as sellers in the execution of a contract of sale of real property or sell and convey title to real property in exchange for a note for all or a part of the purchase price secured by either a mortgage or trust deed on the real property, unless a contrary purpose is expressed in the contract, note, mortgage or trust deed, the right to receive payment of deferred installments of the purchase price and the mortgage or trust deed, shall be owned by them in the same proportions, and with the same incidents, as title to the real property was vested in them immediately preceding the execution of the contract of sale or conveyance.

�� (2) If immediately prior to the execution of a contract of sale of real property, or a sale or conveyance of title to real property in exchange for a note for all or a part of the purchase price secured by a mortgage or trust deed on the real property, title to any interest in the property therein described was vested in the sellers or some of the sellers as tenants by the entirety or was otherwise subject to any right of survivorship, then, unless a contrary purpose is expressed in the contract, note, mortgage or trust deed, the right to receive payment of deferred installments of the purchase price of the property and the mortgage and trust deed shall likewise be subject to like rights of survivorship. [1957 c.402 ��1,2; 1969 c.591 �276; 1989 c.74 �1; 1997 c.99 �21]

�� 93.250 Effect of conveyance creating fee simple conditional or fee tail. Every conveyance or devise of lands, or interest therein, made subsequent to September 9, 1971, using language appropriate to create a fee simple conditional or fee tail estate shall create an estate in fee simple absolute in the grantees or devisees of such conveyances or devises. Any future interest limited upon such an interest is a limitation upon the fee simple absolute and its validity is determined accordingly. [1971 c.382 �1]

�� 93.260 Tax statement information required in conveyancing instrument. (1) All instruments prepared for the purpose of conveying or contracting to convey fee title to any real estate shall contain on the face of such instruments a statement in substantially the following form:

�� Until a change is requested, all tax statements shall be sent to the following address:

�� (2) Failure to contain the statement required by this section does not invalidate the conveyance and if an instrument is recorded without the statement required by this section, the recording is valid.

�� (3) This section applies to all instruments executed after January 1, 1974. [1973 c.422 �2]

�� 93.265 Notice to real property manager of certain actions; procedures; effect on title. (1) A real estate property manager, as defined in ORS 696.010, may request notice of any pending action, claim, lien or proceeding relating to a parcel of real property by recording in the county clerk�s office of the county in which any portion of the real property is situated a request for any notice required by law to be provided to the owner.

�� (2) A request submitted as allowed under subsection (1) of this section shall include the name and address of the property manager, the address and legal description of the property in question, the signature and real estate license number of the requester and the date of the request. The request for notification shall be valid for one year from filing.

�� (3) Compliance with subsection (1) of this section shall be deemed adequate upon mailing, by first class mail with postage prepaid, to the address provided in the form required under subsection (2) of this section.

�� (4) The county assessor of the county in which the notice is recorded shall note on the tax roll, prepared pursuant to ORS chapter 311, the filing made under subsection (1) of this section.

�� (5) No request, statement or notation filed under subsection (1) of this section shall affect title to the property or be deemed notice to any person that any person so recording the request has any right, title, interest in, lien or charge upon the property referred to in the request for notice. [1989 c.1062 �2; 2001 c.300 �58]

�� 93.268 Notice to state agency of transfer or encumbrance of real property by title insurance company. (1) As used in this section, �encumbrance� has the meaning given that term in ORS

ORS 359.310

359.310, the seller shall so state specifically and categorically with regard to each such item.

�� (3) If the seller describes a fine print as a reproduction, the seller need not furnish any further information. [1981 c.726 �2]

�� 359.310 Contents of disclosure statement. The following information about a fine print shall be furnished as provided in ORS 359.305:

�� (1) The name of the artist and the year when printed.

�� (2) Exclusive of trial proofs, whether the edition is being offered as a limited edition, and, if so:

�� (a) The authorized maximum number of signed or numbered impressions, or both, in the edition;

�� (b) The authorized maximum number of unsigned or unnumbered impressions, or both, in the edition;

�� (c) The authorized maximum number of artist�s, publisher�s, printer�s or other proofs, if any, outside of the regular edition; and

�� (d) The total size of the edition.

�� (3) Whether the plate has been destroyed, effaced, altered, defaced or canceled after the current edition.

�� (4) If there were any prior states of the same impression, the total number of states and a designation of the state to which the subject print relates.

�� (5) If there were any prior or later editions from the same plate, the series number of the subject edition and the total size of all other editions.

�� (6) Whether the edition is a posthumous edition or restrike and, if so, whether the plate has been reworked.

�� (7) The name of the workshop, if any, where the edition was printed. [1981 c.726 �3]

�� 359.315 Liability for failure to disclose; treble damages. (1) A person who offers or sells a fine print in violation of ORS 359.300 to 359.315 shall be liable to the person purchasing such fine print. The purchaser may recover the consideration paid for such print, with interest at the legal rate upon the tender of the print.

�� (2) In any case in which a person willfully offers or sells a fine print in violation of ORS

ORS 36.425

36.425 if the defendant establishes by affidavits and other documentation that no objectively reasonable juror could return a verdict in favor of the claimant in excess of $50,000, exclusive of attorney fees, costs and disbursements and interest on judgment. [Formerly 33.380; 1995 c.618 �13; 1995 c.658 �33; 2005 c.274 �4]

�� 36.420 Notice of arbitration hearing; open proceeding; compensation and expenses. (1) At least five days before the date set for an arbitration hearing, the arbitrator shall notify the clerk of the court of the time and place of the hearing. The clerk shall post a notice of the time and place of the hearing in a conspicuous place for trial notices at the principal location for the sitting of the court in the county in which the action was commenced.

�� (2) The arbitration proceeding and the records thereof shall be open to the public to the same extent as would a trial of the action in the court and the records thereof.

�� (3) The compensation of the arbitrator and other expenses of the arbitration proceeding shall be the obligation of the parties or any of them as provided by rules made under ORS 36.400. However, if those rules require the parties or any of them to pay any of those expenses in advance, in the form of fees or otherwise, as a condition of arbitration, the rules shall also provide for the waiver in whole or in part, deferral in whole or in part, or both, of that payment by a party whom the court finds is then unable to pay all or any part of those advance expenses. Expenses so waived shall be paid by the state from funds available for the purpose. Expenses so deferred shall be paid, if necessary, by the state from funds available for the purpose, and the state shall be reimbursed according to the terms of the deferral. [Formerly 33.390; 1993 c.482 �2]

�� 36.425 Filing of decision and award; notice of appeal; trial de novo; attorney fees and costs; effect of arbitration decision and award. (1) At the conclusion of arbitration under ORS 36.400 to 36.425 of a civil action, the arbitrator shall file the decision and award with the clerk of the court that referred the action to arbitration, together with proof of service of a copy of the decision and award upon each party. If the decision and award require the payment of money, including payment of costs or attorney fees, the decision and award must be substantially in the form prescribed by ORS 18.042.

�� (2)(a) Within 20 days after the filing of a decision and award with the clerk of the court under subsection (1) of this section, a party against whom relief is granted by the decision and award or a party whose claim for relief was greater than the relief granted to the party by the decision and award, but no other party, may file with the clerk a written notice of appeal and request for a trial de novo of the action in the court on all issues of law and fact. A copy of the notice of appeal and request for a trial de novo must be served on all other parties to the proceeding. After the filing of the written notice a trial de novo of the action shall be held. If the action is triable by right to a jury and a jury is demanded by a party having the right of trial by jury, the trial de novo shall include a jury.

�� (b) If a party files a written notice under paragraph (a) of this subsection, a trial fee or jury trial fee, as applicable, shall be collected as provided in ORS 21.225.

�� (c) A party filing a written notice under paragraph (a) of this subsection shall deposit with the clerk of the court the sum of $159. If the position under the arbitration decision and award of the party filing the written notice is not improved as a result of a judgment in the action on the trial de novo, the clerk shall dispose of the sum deposited in the same manner as a fee collected by the clerk. If the position of the party is improved as a result of a judgment, the clerk shall return the sum deposited to the party. If the court finds that the party filing the written notice is then unable to pay all or any part of the sum to be deposited, the court may waive in whole or in part, defer in whole or in part, or both, the sum. If the sum or any part thereof is so deferred and the position of the party is not improved as a result of a judgment, the deferred amount shall be paid by the party according to the terms of the deferral.

�� (3) If a written notice is not filed under subsection (2)(a) of this section within the 20 days prescribed, the court shall cause to be prepared and entered a judgment based on the arbitration decision and award. A judgment entered under this subsection may not be appealed.

�� (4) Notwithstanding any other provision of law or the Oregon Rules of Civil Procedure:

�� (a) If a party requests a trial de novo under the provisions of this section, the action is subject to arbitration under the provisions of ORS 36.405 (1)(a), the party is entitled to attorney fees by law or contract, and the position of the party is not improved after judgment on the trial de novo, the party shall not be entitled to an award of attorney fees or costs and disbursements incurred by the party before the filing of the decision and award of the arbitrator, and shall be taxed the reasonable attorney fees and costs and disbursements incurred by the other parties to the action on the trial de novo after the filing of the decision and award of the arbitrator.

�� (b) If a party requests a trial de novo under the provisions of this section, the action is subject to arbitration under ORS 36.405 (1)(a), the party is not entitled to attorney fees by law or contract, and the position of the party is not improved after judgment on the trial de novo, pursuant to subsection (5) of this section the party shall be taxed the reasonable attorney fees and costs and disbursements of the other parties to the action on the trial de novo incurred by the other parties after the filing of the decision and award of the arbitrator.

�� (c) If a party requests a trial de novo under the provisions of this section, the action is subject to arbitration under ORS 36.405 (1)(b), and the position of the party is not improved after judgment on the trial de novo, the party shall not be entitled to an award of attorney fees or costs and disbursements and shall be taxed the costs and disbursements incurred by the other parties after the filing of the decision and award of the arbitrator.

�� (5) If a party is entitled to an award of attorney fees under subsection (4) of this section, but is also entitled to an award of attorney fees under contract or another provision of law, the court shall award reasonable attorney fees pursuant to the contract or other provision of law. If a party is entitled to an award of attorney fees solely by reason of subsection (4) of this section, the court shall award reasonable attorney fees not to exceed the following amounts:

�� (a) Twenty percent of the judgment, if the defendant requests the trial de novo but the position of the defendant is not improved after the trial de novo; or

�� (b) Ten percent of the amount claimed in the complaint, if the plaintiff requests the trial de novo but the position of the plaintiff is not improved after the trial de novo.

�� (6) Within seven days after the filing of a decision and award under subsection (1) of this section, a party may file with the court and serve on the other parties to the arbitration written exceptions directed solely to the award or denial of attorney fees or costs. Exceptions under this subsection may be directed to the legal grounds for an award or denial of attorney fees or costs, or to the amount of the award. Any claim or defense pursuant to ORCP 54 E must be filed as an exception under this subsection. Any party opposing the exceptions must file a written response with the court and serve a copy of the response on the party filing the exceptions. Filing and service of the response must be made within seven days after the service of the exceptions on the responding party. A judge of the court shall decide the issue and enter a decision on the award of attorney fees and costs. The filing of exceptions under this subsection does not constitute an appeal under subsection (2) of this section and does not affect the finality of the award in any way other than as specifically provided in this subsection.

�� (7) For the purpose of determining whether the position of a party has improved after a trial de novo under the provisions of this section, the court shall not consider any money award or other relief granted on claims asserted by amendments to the pleadings made after the filing of the decision and award of the arbitrator. [Formerly 33.400; 1993 c.482 �3; 1995 c.455 �3; 1995 c.618 �14a; 1995 c.658 �34; 1997 c.756 ��1,2; 2003 c.576 �170; 2019 c.605 �25; 2023 c.16 �1]

OREGON INTERNATIONAL COMMERCIAL ARBITRATION AND CONCILIATION ACT

�� 36.450 Definitions for ORS 36.450 to 36.558. For the purposes of ORS 36.450 to 36.558:

�� (1) �Arbitral award� means any decision of the arbitral tribunal on the substance of the dispute submitted to it and includes any interim, interlocutory or partial arbitral award.

�� (2) �Arbitral tribunal� means a sole arbitrator or a panel of arbitrators.

�� (3) �Arbitration� means any arbitration whether or not administered by a permanent arbitral institution.

�� (4) �Arbitration agreement� means an agreement by the parties to submit to arbitration all or certain disputes which may arise between them in respect to a defined legal relationship, whether contractual or not. An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.

�� (5) �Commercial� means matters arising from all relationships of a commercial nature including, but not limited to, any of the following transactions:

�� (a) A transaction for the supply or exchange of goods or services.

�� (b) A distribution agreement.

�� (c) A commercial representation or agency.

�� (d) An exploitation agreement or concession.

�� (e) A joint venture or other forms of industrial or business cooperation.

�� (f) The carriage of goods or passengers by air, sea, rail or road.

�� (g) Construction.

�� (h) Insurance.

�� (i) Licensing.

�� (j) Factoring.

�� (k) Leasing.

�� (L) Consulting.

�� (m) Engineering.

�� (n) Financing.

�� (o) Banking.

�� (p) The transfer of data or technology.

�� (q) Intellectual or industrial property, including trademarks, patents, copyrights and software programs.

�� (r) Professional services.

�� (6) �Conciliation� means any conciliation whether or not administered by a permanent conciliation institution.

�� (7) �Chief Justice� means the Chief Justice of the Supreme Court of Oregon or designee.

�� (8) �Circuit court� means the circuit court in the county in this state selected as pursuant to ORS 36.464.

�� (9) �Court� means a body or an organ of the judicial system of a state or country.

�� (10) �Party� means a party to an arbitration or conciliation agreement.

�� (11) �Supreme Court� means the Supreme Court of Oregon. [1991 c.405 �4]

�� 36.452 Policy. (1) It is the policy of the Legislative Assembly to encourage the use of arbitration and conciliation to resolve disputes arising out of international relationships and to assure access to the courts of this state for legal proceedings ancillary to or otherwise in aid of such arbitration and conciliation and to encourage the participation and use of Oregon facilities and resources to carry out the purposes of ORS

ORS 36.498

36.498 (1) and (2), the arbitral tribunal shall terminate the proceedings.

�� (2) Unless otherwise agreed by the parties, where, without showing sufficient cause, the respondent fails to communicate the statement of defense of the respondent in accordance with ORS 36.498 (1) and (2), the arbitral tribunal shall continue the proceedings without treating that failure in itself as an admission of the claimant�s allegations.

�� (3) Unless otherwise agreed by the parties, where, without showing sufficient cause, a party fails to appear at an oral hearing or to produce documentary evidence, the arbitral tribunal may continue with the proceedings and make the arbitral award on the evidence before it. [1991 c.405 �28]

�� 36.504 Appointment of experts. (1) Unless otherwise agreed by the parties, the arbitral tribunal may appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal and require a party to give the expert any relevant information or to produce, or to provide access to, any relevant documents, goods or other property for the expert�s inspection.

�� (2) Unless otherwise agreed by the parties, if a party so requests or if the arbitral tribunal considers it necessary, the expert shall, after delivery of the expert�s written or oral report, participate in an oral hearing where the parties have the opportunity to question the expert and to present expert witnesses on the points at issue. [1991 c.405 �29; 1993 c.244 �7]

�� 36.506 Circuit court assistance in taking evidence; circuit court authorized to enter certain orders upon application. (1) The arbitral tribunal, or a party with the approval of the arbitral tribunal, may request from the circuit court assistance in taking evidence and the court may execute the request within its competence and according to its rules on taking evidence. In addition, a subpoena may be issued as provided in ORCP 55, in which case the witness compensation provisions of ORS chapter 44 shall apply.

�� (2) When the parties to two or more arbitration agreements have agreed in their respective arbitration agreements or otherwise, the circuit court may, on application by one party with the consent of all other parties to those arbitration agreements, do one or more of the following:

�� (a) Order the arbitration proceedings arising out of those arbitration agreements to be consolidated on terms the court considers just and necessary.

�� (b) Where all the parties cannot agree on an arbitral tribunal for the consolidated arbitration, appoint an arbitral tribunal in accordance with ORS 36.474 (6).

�� (c) Where the parties cannot agree on any other matter necessary to conduct the consolidated arbitration, make any other order it considers necessary.

�� (d) Order the arbitration proceedings arising out of those arbitration agreements to be held at the same time or one immediately after another.

�� (e) Order any of the arbitration proceedings arising out of those arbitration agreements to be stayed until the determination of any other of them.

�� (3) Nothing in this section shall be construed to prevent the parties to two or more arbitrations from agreeing to consolidate those arbitrations and taking any steps that are necessary to effect that consolidation. [1991 c.405 �30; 1993 c.244 �8]

�� 36.508 Choice of laws. (1) The arbitral tribunal shall decide the dispute in accordance with the rules of law designated by the parties as applicable to the substance of the dispute.

�� (2) Any designation by the parties of the law or legal system of a given country or political subdivision thereof shall be construed, unless otherwise expressed, as directly referring to the substantive law of that state and not to its conflict of laws rules.

�� (3) Failing any designation of the law under subsection (1) of this section by the parties, the arbitral tribunal shall apply the rules of law it considers to be appropriate given all the circumstances surrounding the dispute.

�� (4) The arbitral tribunal shall decide ex aequo et bono or as amiable compositeur if the parties have expressly authorized it to do so.

�� (5) In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of the trade applicable to the transaction. [1991 c.405 �31]

�� 36.510 Decision of arbitral tribunal. Unless otherwise agreed by the parties, any decision of the arbitral tribunal in arbitral proceedings with more than one arbitrator shall be made by a majority of all its members. However, the parties or all members of the arbitral tribunal may authorize a presiding arbitrator to decide questions of procedure. [1991 c.405 �32; 1993 c.244 �9]

�� 36.512 Settlement. (1) It is not incompatible with an arbitration agreement for an arbitral tribunal to encourage settlement of the dispute and, with the agreement of the parties, the arbitral tribunal may use mediation, conciliation or other procedures at any time during the arbitral proceedings to encourage settlement. If agreed by the parties, the members of the arbitral tribunal are not disqualified from resuming their roles as arbitrators by reason of the mediation, conciliation or other procedure.

�� (2) If, during the arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the arbitral tribunal, record the settlement in the form of an arbitral award on agreed terms.

�� (3) An arbitral award on agreed terms shall be made in accordance with ORS 36.514 and shall state that it is an arbitral award.

�� (4) An arbitral award on agreed terms has the same status and effect as any other arbitral award on the substance of the dispute. [1991 c.405 �33; 1993 c.244 �10]

�� 36.514 Arbitral award; contents; interim award; award for costs of arbitration. (1) The arbitral award shall be made in writing and shall be signed by the arbitrator or arbitrators. In arbitral proceedings with more than one arbitrator, the signatures of the majority of all the members of the arbitral tribunal shall suffice so long as the reason for any omitted signature is stated.

�� (2) The arbitral award shall state the reasons upon which it is based, unless the parties have agreed that no reasons are to be given or the award is an arbitral award on agreed terms under ORS 36.512.

�� (3) The arbitral award shall state its date and the place of arbitration as determined in accordance with ORS 36.492 (1) and the award shall be considered to have been made at that place.

�� (4) After the arbitral award is made, a copy signed by the arbitrators in accordance with subsection (1) of this section shall be delivered to each party.

�� (5) The arbitral tribunal may, at any time during the arbitral proceedings, make an interim arbitral award on any matter with respect to which it may make a final arbitral award. The interim award may be enforced in the same manner as a final arbitral award.

�� (6) Unless otherwise agreed by the parties, the arbitral tribunal may award interest.

�� (7)(a) Unless otherwise agreed by the parties, the costs of an arbitration shall be at the discretion of the arbitral tribunal.

�� (b) In making an order for costs, the arbitral tribunal may include as costs any of the following:

�� (A) The fees and expenses of the arbitrators and expert witnesses.

�� (B) Legal fees and expenses.

�� (C) Any administration fees of the institution supervising the arbitration, if any.

�� (D) Any other expenses incurred in connection with the arbitral proceedings.

�� (c) In making an order for costs, the arbitral tribunal may specify any of the following:

�� (A) The party entitled to costs.

�� (B) The party who shall pay the costs.

�� (C) The amount of costs or the method of determining that amount.

�� (D) The manner in which the costs shall be paid. [1991 c.405 �34]

�� 36.516 Termination of arbitral proceedings. (1) The arbitral proceedings are terminated by the final arbitral award or by an order of the arbitral tribunal in accordance with subsection (2) of this section. The award shall be final upon the expiration of the applicable periods in ORS 36.518.

�� (2) The arbitral tribunal shall issue an order for the termination of the arbitral proceedings when:

�� (a) The claimant withdraws the claim, unless the respondent objects thereto and the arbitral tribunal recognizes a legitimate interest on the part of the respondent in obtaining a final settlement of the dispute;

�� (b) The parties agree on the termination of the proceedings; or

�� (c) The arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible.

�� (3) Subject to ORS 36.518 and 36.520 (4), the mandate of the arbitral tribunal terminates with the termination of the arbitral proceeding. [1991 c.405 �35; 1993 c.244 �11]

�� 36.518 Correction of errors in award; interpretation of award; additional award. (1) Within 30 days of receipt of the arbitral award, unless another period of time has been agreed upon by the parties:

�� (a) A party, with notice to the other party, may request the arbitral tribunal to correct in the award any errors in computation, clerical or typographical errors, or errors of similar nature; and

�� (b) A party may, if agreed by the parties, request the arbitral tribunal to give an interpretation of a specific point or part of the arbitral award.

�� (2) If the arbitral tribunal considers any request made under subsection (1) of this section to be justified, it shall make the correction or give the interpretation within 30 days of the receipt of the request. The interpretation shall form part of the arbitral award.

�� (3) The arbitral tribunal may correct any error of the type referred to in subsection (1)(a) of this section on its own initiative within 30 days of the date of the award.

�� (4) Unless otherwise agreed by the parties, a party, with notice to the other party, may request, within 30 days of receipt of the award, the arbitral tribunal to make an additional award as to claims presented in the arbitral proceedings but omitted from the award. If the arbitral tribunal considers the request to be justified, it shall make the additional award within 60 days.

�� (5) If necessary, the arbitral tribunal may extend the period of time within which it shall make a correction, interpretation or an additional award under subsection (1) or (4) of this section.

�� (6) The provisions of ORS 36.514 shall apply to a correction or interpretation of the award or to an additional award. [1991 c.405 �36; 1993 c.244 �12]

�� 36.520 Setting aside award; grounds; time for application; circuit court fees. (1) Recourse to a court against an arbitral award may only be by an application for setting aside in accordance with subsections (2) and (3) of this section.

�� (2) An arbitral award may be set aside by the circuit court only if:

�� (a) The party making application furnishes proof that:

�� (A) A party to the arbitration agreement referred to in ORS 36.466 was under some incapacity or that the agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the laws of the State of Oregon or the United States;

�� (B) The party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present the party�s case;

�� (C) The award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters not submitted to arbitration can be separated from those not so submitted, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside; or

�� (D) The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of ORS 36.450 to 36.558 from which the parties cannot derogate, or, failing such agreement, was not in accordance with ORS 36.450 to

ORS 366.158

366.158 who is obeying the rules of the Department of Transportation for picking up litter or removing noxious weeds on either side of the roadway.

�� (d) Does not take a position upon or proceed along and upon the right highway shoulder, as far as practicable from the roadway edge, on a divided highway that has no sidewalk and does have a shoulder area. This paragraph does not apply to a member of a group that has adopted that section of highway under the provisions of ORS 366.158 who is obeying the rules of the Department of Transportation for picking up litter or removing noxious weeds on either side of the roadway.

�� (e) Fails to take a position upon or proceed along and upon a highway that has neither sidewalk nor shoulder available, as near as practicable to an outside edge of the roadway, and, if the roadway is a two-way roadway, only on the left side of it.

�� (2) This section is subject to the provisions of ORS 814.100.

�� (3) A pedestrian does not commit the offense of pedestrian with improper position upon or improperly proceeding along a highway if the pedestrian:

�� (a) Does not impede traffic or create a traffic hazard;

�� (b) Posts advance warning signs in compliance with standards adopted by the Oregon Transportation Commission under ORS 810.200;

�� (c) Wears high-visibility safety apparel in compliance with standards adopted by the Oregon Transportation Commission under ORS 810.200; and

�� (d) Has a permit or belongs to a group that has a permit issued under ORS 814.072.

�� (4) A pedestrian does not commit the offense of pedestrian with improper position upon or improperly proceeding along a highway when the pedestrian is on a narrow residential roadway if:

�� (a) The pedestrian does not create a traffic hazard; and

�� (b) Signs are posted giving notice that pedestrians may be present upon or along the narrow residential roadway. Signs posted under this paragraph shall be posted at each end of the portion of the narrow residential roadway where pedestrians may be present.

�� (5) The offense described in this section, pedestrian with improper position upon or improperly proceeding along a highway, is a Class D traffic violation. [1983 c.338 �558; 1991 c.486 �4; 1995 c.383 �86; 2008 c.47 ��1,2; 2009 c.547 ��2,3; 2011 c.507 �3; 2013 c.474 �1]

�� 814.072 Issuance of permit to be upon or to proceed along highway. (1) A road authority may issue a permit that authorizes a pedestrian or a group to be positioned upon or to proceed along a highway if the pedestrian or group shows to the satisfaction of the road authority:

�� (a) Proof of liability insurance in an amount of not less than $1 million; and

�� (b) That the pedestrian or group will meet the public safety requirements adopted by the Department of Transportation by rule.

�� (2) Upon issuance of a permit, the permit holder shall provide a copy of the permit to any applicable local jurisdiction. [2008 c.47 �5]

�� Note: 814.072 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 814 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 814.080 Unlawful hitchhiking; penalty. (1) A person commits the offense of unlawful hitchhiking if the person is on a roadway for the purpose of soliciting a ride.

�� (2) The offense described in this section, unlawful hitchhiking, is a Class D traffic violation. [1983 c.338 �559; 1995 c.383 �87]

�� 814.090 [1983 c.338 �560; 1995 c.383 �88; 1999 c.932 �1; repealed by 2005 c.63 �1]

�� 814.092 [1999 c.932 �2; repealed by 2005 c.63 �1]

(Miscellaneous Rights)

�� 814.100 Rights of driver and passengers of disabled vehicle on freeway. On a freeway on which pedestrian traffic is prohibited, the driver and passengers of a disabled vehicle stopped on the freeway may walk to the nearest exit, in either direction, on that side of the freeway upon which the vehicle is disabled, from which telephone or motor vehicle repair services are available. [1983 c.338 �561]

�� 814.110 Rights for persons who are blind, who are deaf-blind or who have limited vision. (1) The following definitions apply to this section and to ORS 811.035 and 814.120:

�� (a) �Blind� means visual acuity that does not exceed 20/200 in the better eye with corrective lenses, or having a visual field of 20 degrees or less.

�� (b) �Dog guide� means a dog that is wearing a dog guide harness and is trained to lead or guide a person who is blind.

�� (c) �Limited vision� means visual acuity that does not exceed 20/70 and is no worse than 20/200 in the better eye with corrective lenses.

�� (d) �White cane� means a cane or walking stick that is white in color or white with a red tip.

�� (2) This section and ORS 811.035 and 814.120 grant and enforce the following rights for pedestrians who are blind or deaf-blind:

�� (a) A person who has limited vision and a person who is blind or deaf-blind may carry and use a white cane on the highways and other public places of this state for the purposes of identification and mobility.

�� (b) A person who has limited vision and a person who is deaf-blind may use a white cane marked by a six-inch-wide chartreuse-colored strip at the tip end.

�� (3) A pedestrian who has limited vision and a pedestrian who is blind or deaf-blind and who is not carrying a white cane or not accompanied by a dog guide has all the rights and privileges granted by law to all pedestrians. [1985 c.16 �284; 2007 c.70 �344; 2017 c.175 �1]

�� 814.120 Unlawful use of white cane; penalty. (1) A person commits the offense of unlawful use of a white cane if the person uses or carries a white cane on the highways or any other public place of this state and the person is not a person who has limited vision or is not a person who is blind or a person who is deaf-blind.

�� (2) This section is subject to the provisions and definitions relating to the rights of pedestrians who have limited vision or pedestrians who are blind or deaf-blind under ORS 814.110.

�� (3) The offense described in this section, unlawful use of a white cane, is a Class D traffic violation. [1983 c.338 �562; 1985 c.16 �285; 1995 c.383 �89; 2007 c.70 �345; 2017 c.175 �2]

PASSENGERS

�� 814.130 Passenger obstruction of driver; penalty. (1) A person commits the offense of passenger obstruction of a driver if the person is a passenger in a vehicle and the person rides in a position that interferes with all of the operator�s views to the rear, through one or more mirrors and otherwise, or that interferes with the operator�s view to the front or sides or the operator�s control of the driving mechanism.

�� (2) The offense described in this section, passenger obstruction of driver, is a Class C traffic violation. [1983 c.338 �605]

LIVESTOCK

�� 814.140 Application of vehicle laws to animal on roadway. Every person riding an animal upon a roadway and every person driving or leading any animal is subject to the provisions of the vehicle code concerning vehicle equipment and operation of vehicles except those provisions which by their very nature can have no application. [1983 c.338 �665]

�� 814.150 Failure to perform duties of person in charge of livestock on highway; penalty. (1) A person commits the offense of failure to perform the duties of a person in charge of livestock on a highway if the person fails to do any of the following:

�� (a) When riding or leading a horse or other livestock on the highway, a person must keep a lookout for vehicles and use caution to keep the animal under control.

�� (b) A person in charge of driving a herd of livestock on or across a highway shall position a person at the front of the herd to warn drivers that the herd is approaching.

�� (c) A person in charge of livestock being driven on a highway shall use reasonable care and diligence to open the roadway for vehicular traffic.

�� (d) If a horse or other livestock becomes frightened on a highway, the person riding or leading the livestock shall give a distress signal to an approaching driver by raising the person�s hand.

�� (2) This section is only applicable if the livestock is an animal of the species of horses, mules, donkeys, cattle, swine, sheep or goats.

�� (3) The offense described in this section, failure to perform duties of a person in charge of livestock on a highway, is a Class B traffic violation. [1983 c.338 �667]

MOPEDS AND MOTORCYCLES

�� 814.200 Unlawful operation of motorcycle or moped; penalty. (1) A person operating a moped or motorcycle commits the offense of unlawful moped or motorcycle operation if the person:

�� (a) Fails to sit astride, or to stand astride, the moped or motorcycle seat while facing forward; or

�� (b) Carries a package, bundle or other article that prevents the person from keeping both hands on the handlebars.

�� (2) The offense described in this section, unlawful moped or motorcycle operation, is a Class B traffic violation. [1983 c.338 �686; 1987 c.138 �6; 2015 c.502 �1]

�� 814.210 Operation of moped on sidewalk or bicycle trail; penalty. (1) A person commits the offense of operation of a moped on a sidewalk or bicycle trail if the person operates a moped upon a sidewalk, a bicycle path or a bicycle lane.

�� (2) Exemptions to this section are provided under ORS 811.440.

�� (3) The offense described in this section, operation of a moped on a sidewalk or bicycle trail, is a Class D traffic violation. [1983 c.338 �644]

�� 814.220 Motorcyclist clinging to another vehicle; penalty. (1) A person commits the offense of motorcyclist clinging to another vehicle if the person is riding upon a motorcycle that is not disabled and being towed and the person attaches a part of the person�s self or the motorcycle to any other vehicle on a roadway.

�� (2) The offense described in this section, motorcyclist clinging to another vehicle, is a Class B traffic violation. [1983 c.338 �687; 1985 c.16 �330; 1995 c.383 �90]

�� 814.230 Moped operator or rider clinging to other vehicle; penalty. (1) A person commits the offense of moped operator or rider clinging to another vehicle if the person is riding upon or operating a moped and the person clings to another vehicle upon a roadway or attaches the moped to any other vehicle upon a roadway.

�� (2) The offense described in this section, moped operator or rider clinging to another vehicle, is a Class D traffic violation. [1983 c.338 �688]

�� 814.240 Motorcycle or moped unlawful passing; penalty. (1) A motorcycle operator or moped operator commits the offense of motorcycle or moped unlawful passing in a lane with a vehicle if the operator does any of the following:

�� (a) Overtakes and passes in the same lane occupied by the vehicle the operator is overtaking, unless the vehicle being passed is a motorcycle or a moped.

�� (b) Operates a moped or motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.

�� (2) This section does not apply to a police officer in the performance of official duties.

�� (3) The offense described in this section, motorcycle or moped unlawful passing in a lane with a vehicle, is a Class B traffic violation. [1983 c.338 �689]

�� 814.250 Moped or motorcycle operating more than two abreast; penalty. (1) A person commits the offense of operating a moped or motorcycle more than two abreast if the person is operating a moped or motorcycle on a roadway laned for traffic and the person is riding abreast of more than one other motorcycle or moped in the same lane for traffic.

�� (2) For purposes of this section, a motorcycle does not include an autocycle.

�� (3) The offense described in this section, moped or motorcycle operating more than two abreast, is a Class B traffic violation. [1983 c.338 �690; 2017 c.296 �3]

�� 814.260 Failure of moped operator to wear motorcycle helmet; penalty. (1) A person commits the offense of failure of a moped rider to wear a motorcycle helmet if the person:

�� (a) Operates or rides on a moped; and

�� (b) Is not wearing a motorcycle helmet.

�� (2) Exemptions from this section are established under ORS 814.290.

�� (3) This section does not permit passengers on mopeds in violation of ORS 814.330 or 814.340.

�� (4) The offense described in this section, failure of a moped rider to wear a motorcycle helmet, is a Class D traffic violation. [1983 c.338 �691; 1985 c.16 �331; 1987 c.910 �4; 1995 c.492 �3]

�� 814.269 Failure of motorcycle operator to wear motorcycle helmet; penalty. (1) A person commits the offense of failure of a motorcycle operator to wear a motorcycle helmet if the person operates a motorcycle and is not wearing a motorcycle helmet.

�� (2) Exemptions from this section are established in ORS 814.290.

�� (3) The offense described in this section, failure of a motorcycle operator to wear a motorcycle helmet, is a Class D traffic violation. [1987 c.910 �2; 1995 c.492 �4]

�� 814.270 [1983 c.338 �696; 1985 c.16 �333; repealed by 1987 c.910 �7]

�� 814.275 Failure of motorcycle passenger to wear motorcycle helmet; penalty. (1) A person commits the offense of failure of a motorcycle passenger to wear a motorcycle helmet if the person rides as a passenger on a motorcycle and is not wearing a motorcycle helmet.

�� (2) Exemptions from this section are established in ORS 814.290.

�� (3) The offense described in this section, failure of a motorcycle passenger to wear a motorcycle helmet, is a Class D traffic violation. [1987 c.910 �3; 1989 c.283 �1; 1995 c.492 �5]

�� 814.280 Endangering motorcycle passenger; penalty. (1) A person commits the offense of endangering a motorcycle passenger if the person is operating a motorcycle and the person carries another person on the motorcycle who is not wearing a motorcycle helmet.

�� (2) Exemptions from this section are established under ORS 814.290.

�� (3) The offense described in this section, endangering a motorcycle passenger, is a Class D traffic violation. [1983 c.338 �692; 1987 c.910 �5; 1995 c.492 �6]

�� 814.290 Exemptions from motorcycle helmet requirements. This section establishes exemptions from the requirements and penalties relating to the use of motorcycle helmets under ORS 814.260 to 814.280. A person is not in violation of ORS 814.260, 814.269, 814.275 or 814.280 if the person is any of the following:

�� (1) Within an enclosed cab.

�� (2) Operating or riding a vehicle designed to travel with three wheels in contact with the ground at speeds of less than 15 miles per hour. [1983 c.338 �693; 1987 c.910 �6; 1995 c.492 �7]

�� 814.300 [1983 c.338 �694; repealed by 1999 c.179 �1]

�� 814.310 Illegal alteration of moped; penalty. (1) A person commits the offense of illegal alteration of a moped if the person alters or modifies in any manner a vehicle registered in this state so that:

�� (a) The displacement of the engine is increased beyond that allowable for a moped under ORS 801.345; or

�� (b) The vehicle is capable of moving, unassisted, at a speed of more than 30 miles per hour on a level road surface.

�� (2) The offense described in this section, illegal alteration of a moped, is a Class C traffic violation. [1983 c.338 �285; 1985 c.16 �117; 1985 c.401 �13]

�� 814.320 Failure to display lighted headlights; exceptions; penalty. (1) A person commits the offense of failure to display lighted headlights on a moped or motorcycle at all times, if the person operates a moped or motorcycle and does not display lights and illuminated devices specified under ORS 816.320 and 816.330 at all times the motorcycle or moped is upon a highway.

�� (2) A person may use modulating headlights described under ORS 816.050 during daylight without violating this section, but a person who uses such modulating headlights during limited visibility conditions is in violation of this section.

�� (3) This section does not apply when specific exceptions with respect to parked vehicles are made under ORS 811.525.

�� (4) A court may dismiss, without penalty, any charge for violation of this section if the court determines that:

�� (a) The violation was caused by a malfunction of equipment; and

�� (b) The equipment that malfunctioned and caused the violation has been repaired or replaced.

�� (5) The offense described in this section, failure to display lighted headlights on a moped or motorcycle at all times, is a Class B traffic violation. [1983 c.338 �695; 1985 c.16 �332]

�� 814.325 Carrying passenger on motorcycle; penalty. (1) A person commits the offense of unlawfully carrying a passenger on a motorcycle if the person does any of the following:

�� (a) Carries on a motorcycle a person who is not seated on a permanent and regular seat, if the motorcycle is designed to carry more than one person, or upon another seat attached to the motorcycle at the rear or side of the operator�s seat.

�� (b) Carries a person in a position that interferes with the operation or control of the motorcycle or the operator�s view.

�� (c) Carries a person, other than in a sidecar or enclosed cab, on a motorcycle with no footrests for that person.

�� (2) The offense described in this section, unlawfully carrying a passenger on a motorcycle, is a Class B traffic violation. [1987 c.138 �8]

�� 814.330 Carrying passenger on moped; penalty. (1) A person commits the offense of unlawfully carrying a passenger on a moped if the person operates a moped on any highway of this state with a passenger on the moped.

�� (2) The offense described in this section, unlawfully carrying a passenger on a moped, is a Class D traffic violation. [Formerly 487.743]

�� 814.340 Riding as passenger on moped; penalty. (1) A person commits the offense of unlawfully riding as a passenger on a moped if the person rides any moped as a passenger on a highway of this state.

�� (2) The offense described in this section, unlawfully riding as a passenger on a moped, is a Class D traffic violation. [Formerly 487.746]

BICYCLES

�� 814.400 Application of vehicle laws to bicycles. (1) Every person riding a bicycle upon a public way is subject to the provisions applicable to and has the same rights and duties as the driver of any other vehicle concerning operating on highways, vehicle equipment and abandoned vehicles, except:

�� (a) Those provisions which by their very nature can have no application.

�� (b) When otherwise specifically provided under the vehicle code.

�� (2) Subject to the provisions of subsection (1) of this section:

�� (a) A bicycle is a vehicle for purposes of the vehicle code; and

�� (b) When the term �vehicle� is used the term shall be deemed to be applicable to bicycles.

�� (3) The provisions of the vehicle code relating to the operation of bicycles do not relieve a bicyclist or motorist from the duty to exercise due care. [1983 c.338 �697; 1985 c.16 �335]

�� 814.405 Status of electric assisted bicycle. An electric assisted bicycle shall be considered a bicycle, rather than a motor vehicle, for purposes of the Oregon Vehicle Code, except when otherwise specifically provided by statute. [1997 c.400 �4]

�� 814.410 Unsafe operation of bicycle on sidewalk; penalty. (1) A person commits the offense of unsafe operation of a bicycle on a sidewalk if the person does any of the following:

�� (a) Operates the bicycle so as to suddenly leave a curb or other place of safety and move into the path of a vehicle that is so close as to constitute an immediate hazard.

�� (b) Operates a bicycle upon a sidewalk and does not give an audible warning before overtaking and passing a pedestrian and does not yield the right of way to all pedestrians on the sidewalk.

�� (c) Operates a bicycle on a sidewalk in a careless manner that endangers or would be likely to endanger any person or property.

�� (d) Operates the bicycle at a speed greater than an ordinary walk when approaching or entering a crosswalk, approaching or crossing a driveway or crossing a curb cut or pedestrian ramp and a motor vehicle is approaching the crosswalk, driveway, curb cut or pedestrian ramp. This paragraph does not require reduced speeds for bicycles at places on sidewalks or other pedestrian ways other than places where the path for pedestrians or bicycle traffic approaches or crosses that for motor vehicle traffic.

�� (e) Operates an electric assisted bicycle on a sidewalk.

�� (2) Except as otherwise specifically provided by law, a bicyclist on a sidewalk or in a crosswalk has the same rights and duties as a pedestrian on a sidewalk or in a crosswalk.

�� (3) The offense described in this section, unsafe operation of a bicycle on a sidewalk, is a Class D traffic violation. [1983 c.338 �699; 1985 c.16 �337; 1997 c.400 �7; 2005 c.316 �2]

�� 814.414 Improper entry into intersection controlled by stop sign; penalty. (1) A person operating a bicycle who is approaching an intersection where traffic is controlled by a stop sign may, without violating ORS 811.265, do any of the following without stopping if the person slows the bicycle to a safe speed:

�� (a) Proceed through the intersection.

�� (b) Make a right or left turn into a two-way street.

�� (c) Make a right or left turn into a one-way street in the direction of traffic upon the one-way street.

�� (2) A person commits the offense of improper entry into an intersection where traffic is controlled by a stop sign if the person does any of the following while proceeding as described in subsection (1) of this section:

�� (a) Fails to yield the right of way to traffic lawfully within the intersection or approaching so close as to constitute an immediate hazard;

�� (b) Disobeys the directions of a police officer or flagger, as defined in ORS 811.230;

�� (c) Fails to exercise care to avoid an accident; or

�� (d) Fails to yield the right of way to a pedestrian in an intersection or crosswalk under ORS 811.028.

�� (3) The offense described in this section, improper entry into an intersection where traffic is controlled by a stop sign, is a Class D traffic violation. [2019 c.683 �2]

�� 814.416 Improper entry into intersection controlled by flashing red signal; penalty. (1) A person operating a bicycle who is approaching an intersection where traffic is controlled by a flashing red signal may, without violating ORS 811.265, do any of the following without stopping if the person slows the bicycle to a safe speed:

�� (a) Proceed through the intersection.

�� (b) Make a right or left turn into a two-way street.

�� (c) Make a right or left turn into a one-way street in the direction of traffic upon the one-way street.

�� (2) A person commits the offense of improper entry into an intersection where traffic is controlled by a flashing red signal if the person does any of the following while proceeding as described in subsection (1) of this section:

�� (a) Fails to yield the right of way to traffic lawfully within the intersection or approaching so close as to constitute an immediate hazard;

�� (b) Disobeys the directions of a police officer;

�� (c) Fails to exercise care to avoid an accident; or

�� (d) Fails to yield the right of way to a pedestrian in an intersection or crosswalk under ORS 811.028.

�� (3) The offense described in this section, improper entry into an intersection where traffic is controlled by a flashing red signal, is a Class D traffic violation. [2019 c.683 �3]

�� 814.420 Failure to use bicycle lane or path; exceptions; penalty. (1) Except as provided in subsections (2) and (3) of this section, a person commits the offense of failure to use a bicycle lane or path if the person operates a bicycle on any portion of a roadway that is not a bicycle lane or bicycle path when a bicycle lane or bicycle path is adjacent to or near the roadway.

�� (2) A person is not required to comply with this section unless the state or local authority with jurisdiction over the roadway finds, after public hearing, that the bicycle lane or bicycle path is suitable for safe bicycle use at reasonable rates of speed.

�� (3) A person is not in violation of the offense under this section if the person is able to safely move out of the bicycle lane or path for the purpose of:

�� (a) Overtaking and passing another bicycle, a vehicle or a pedestrian that is in the bicycle lane or path and passage cannot safely be made in the lane or path.

�� (b) Preparing to execute a left turn at an intersection or into a private road or driveway.

�� (c) Avoiding debris or other hazardous conditions.

�� (d) Preparing to execute a right turn where a right turn is authorized.

�� (e) Continuing straight at an intersection where the bicycle lane or path is to the right of a lane from which a motor vehicle must turn right.

�� (4) The offense described in this section, failure to use a bicycle lane or path, is a Class D traffic violation. [1983 c.338 �700; 1985 c.16 �338; 2005 c.316 �3]

�� 814.430 Improper use of lanes; exceptions; penalty. (1) A person commits the offense of improper use of lanes by a bicycle if the person is operating a bicycle on a roadway at less than the normal speed of traffic using the roadway at that time and place under the existing conditions and the person does not ride as close as practicable to the right curb or edge of the roadway.

�� (2) A person is not in violation of the offense under this section if the person is not operating a bicycle as close as practicable to the right curb or edge of the roadway under any of the following circumstances:

�� (a) When overtaking and passing another bicycle or vehicle that is proceeding in the same direction.

�� (b) When preparing to execute a left turn.

�� (c) When reasonably necessary to avoid hazardous conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards or other conditions that make continued operation along the right curb or edge unsafe or to avoid unsafe operation in a lane on the roadway that is too narrow for a bicycle and vehicle to travel safely side by side. Nothing in this paragraph excuses the operator of a bicycle from the requirements under ORS 811.425 or from the penalties for failure to comply with those requirements.

�� (d) When operating within a city as near as practicable to the left curb or edge of a roadway that is designated to allow traffic to move in only one direction along the roadway. A bicycle that is operated under this paragraph is subject to the same requirements and exceptions when operating along the left curb or edge as are applicable when a bicycle is operating along the right curb or edge of the roadway.

�� (e) When operating a bicycle alongside not more than one other bicycle as long as the bicycles are both being operated within a single lane and in a manner that does not impede the normal and reasonable movement of traffic.

�� (f) When operating on a bicycle lane or bicycle path.

�� (3) The offense described in this section, improper use of lanes by a bicycle, is a Class D traffic violation. [1983 c.338 �701; 1985 c.16 �339]

�� 814.440 Failure to signal turn; exceptions; penalty. (1) A person commits the offense of failure to signal for a bicycle turn if the person does any of the following:

�� (a) Stops a bicycle the person is operating without giving the appropriate hand and arm signal continuously for at least 100 feet before executing the stop.

�� (b) Executes a turn on a bicycle the person is operating without giving the appropriate hand and arm signal for the turn for at least 100 feet before executing the turn.

�� (c) Executes a turn on a bicycle the person is operating after having been stopped without giving, while stopped, the appropriate hand and arm signal for the turn.

�� (2) A person is not in violation of the offense under this section if the person is operating a bicycle and does not give the appropriate signal continuously for a stop or turn because circumstances require that both hands be used to safely control or operate the bicycle.

�� (3) The appropriate hand and arm signals for indicating turns and stops under this section are those provided for other vehicles under ORS 811.395 and 811.400.

�� (4) The offense described under this section, failure to signal for a bicycle turn, is a Class D traffic violation. [1983 c.338 �703; 1985 c.16 �341]

�� 814.450 Unlawful load on bicycle; penalty. (1) A person commits the offense of having an unlawful load on a bicycle if the person is operating a bicycle and the person carries a package, bundle or article which prevents the person from keeping at least one hand upon the handlebar and having full control at all times.

�� (2) The offense described in this section, unlawful load on a bicycle, is a Class D traffic violation. [1983 c.338 �704]

�� 814.460 Unlawful passengers on bicycle; penalty. (1) A person commits the offense of unlawful passengers on a bicycle if the person operates a bicycle and carries more persons on the bicycle than the number for which it is designed or safely equipped.

�� (2) The offense described in this section, unlawful passengers on a bicycle, is a Class D traffic violation. [1983 c.338 �705]

�� 814.470 Failure to use bicycle seat; penalty. (1) A person commits the offense of failure to use a bicycle seat if the person is operating a bicycle and the person rides other than upon or astride a permanent and regular seat attached to the bicycle.

�� (2) The offense described in this section, failure to use a bicycle seat, is a Class D traffic violation. [1983 c.338 �706; 2003 c.341 �13; 2015 c.138 �26]

�� 814.480 Nonmotorized vehicle clinging to another vehicle; penalty. (1) A person commits the offense of nonmotorized vehicle clinging to another vehicle if the person is riding upon or operating a bicycle, coaster, roller skates, sled or toy vehicle and the person clings to another vehicle upon a roadway or attaches that which the person is riding or operating to any other vehicle upon a roadway.

�� (2) The offense described in this section, nonmotorized vehicle clinging to another vehicle, is a Class D traffic violation. [1983 c.338 �707]

�� 814.484 Meaning of �bicycle� and �operating or riding on a highway.� (1) For purposes of ORS 814.485,

ORS 368.106

368.106. [1981 c.153 �20]

LEGALIZATION OF ROADS

�� 368.201 Basis for legalization of road. A county governing body may initiate proceedings to legalize a county road under ORS 368.201 to 368.221 if any of the following conditions exist:

�� (1) If, through omission or defect, doubt exists as to the legal establishment or evidence of establishment of a public road.

�� (2) If the location of the road cannot be accurately determined due to:

�� (a) Numerous alterations of the road;

�� (b) A defective survey of the road or adjacent property; or

�� (c) Loss or destruction of the original survey of the road.

�� (3) If the road as traveled and used for 10 years or more does not conform to the location of a road described in the county records. [1981 c.153 �21]

�� 368.205 [Amended by 1975 c.774 �1; 1977 c.338 �1; repealed by 1981 c.153 �79]

�� 368.206 Proceedings for legalization of roads; report; notice. (1) If proceedings for legalization of a road are initiated under ORS 368.201, the county governing body shall:

�� (a) Cause the road to be surveyed to determine the location of the road and the width of the road according to:

�� (A) The laws governing the width of roads at the time the road was originally established; or

�� (B) If the original width of the road cannot be determined, to the width for roads of the same class established by the standards under ORS 368.036;

�� (b) Cause the county road official to file a written report with the county governing body including the survey required under this section and any other information required by the county governing body; and

�� (c) Cause notice of the proceedings for legalization to be provided under ORS 368.401 to 368.426 by service to owners of abutting land and by posting.

�� (2) In a proceeding under this section, any person may file with the county governing body information that controverts any matter presented to the county governing body in the proceeding or alleging any new matter relevant to the proceeding. [1981 c.153 �22]

�� 368.210 [Repealed by 1981 c.153 �79]

�� 368.211 Compensation for property affected by road legalization. (1) A county governing body shall provide for compensation under this section to any person who has established a structure on real property if the structure encroaches on a road that is the subject of legalization proceedings under ORS 368.201 to 368.221.

�� (2) To qualify for compensation under this section, a person must file a claim for damages with the county governing body before the close of the hearing to legalize the road. The county governing body shall consider a claim for damages unless the county governing body determines that:

�� (a) At the time the person acquired the structure, the person had a reasonable basis for knowing that the structure would encroach upon the road;

�� (b) Upon the original location of the road, the person received damages;

�� (c) The person or the person�s grantor applied for or assented to the road passing over the property; or

�� (d) When making settlements on the property, the person found the road in public use and traveled.

�� (3) The compensation allowed under this section shall be just compensation for the removal of the encroaching structure.

�� (4) The county governing body may proceed to determine compensation and acquire the structure by any method under ORS 368.096.

�� (5) If a county governing body determines that removal of the encroaching structure is not practical under this section, the county governing body may acquire property to alter the road being legalized. [1981 c.153 �23]

�� 368.215 [Repealed by 1981 c.153 �79]

�� 368.216 Order under road legalization proceeding. (1) After considering matters presented in a proceeding to legalize a road under ORS 368.201 to 368.221, a county governing body shall determine whether legalization of the road is in the public interest and shall enter an order abandoning or completing the legalization procedures on the road.

�� (2) When a county governing body legalizes a road under ORS 368.201 to 368.221, the county governing body shall comply with ORS 368.106.

�� (3) Courts shall receive any order filed under this section as conclusive proof that the county road exists as described in the order.

�� (4) Upon completion of the legalization procedures under ORS 368.201 to 368.221:

�� (a) Any records showing the location of the road that conflict with the location of the road as described in the order are void; and

�� (b) The road exists as shown on the order legalizing the road. [1981 c.153 �24]

�� 368.218 [1975 c.774 �2; repealed by 1981 c.153 �79]

�� 368.220 [Repealed by 1975 c.771 �33]

�� 368.221 Legalization of road of substandard width. Notwithstanding ORS 368.036, a county governing body may legalize a road at any width that is less than the width of the road described in ORS 368.206 if the county governing body determines that:

�� (1) The legalization of the road at the lesser width is in the public interest; or

�� (2) An encroachment on the road may not be practically removed under ORS 368.211. [1981 c.153 �25]

�� 368.225 [Repealed by 1975 c.771 �33]

�� 368.230 [Amended by 1971 c.659 �4; repealed by 1975 c.771 �33]

�� 368.235 [Amended by 1965 c.10 �1; repealed by 1975 c.771 �33]

�� 368.240 [Repealed by 1975 c.771 �33]

�� 368.245 [Amended by 1969 c.423 �3; repealed by 1975 c.771 �33]

�� 368.250 [Repealed by 1975 c.771 �33]

ROAD HAZARDS

�� 368.251 Obstruction of road drains prohibited. No person shall stop, obstruct or in any other manner impair or damage any drain, ditch or other man-made or natural waterway that:

�� (1) Prevents water from causing damage to, flowing across or standing on a public road under county jurisdiction; or

�� (2) Benefits a public road under county jurisdiction. [1981 c.153 �26]

�� 368.255 [Repealed by 1975 c.771 �33]

�� 368.256 Creation of road hazard prohibited. (1) Except as authorized by the county governing body, an owner or lawful occupant of land shall not allow:

�� (a) Any water to overflow, seep or otherwise discharge from that land onto a public road under county jurisdiction including, but not limited to, water that is passing over the land, diverted from the land by an obstruction on the land, flowing from the land because of rainfall or discharged from an irrigation sprinkler or other device.

�� (b) Any structure, tree, drainage way, soil deposit or other natural or man-made thing on that land to present a danger to or create a hazard for the public traveling on a public road or facilities within the right of way of the public road by obstructing, hanging over or otherwise encroaching or threatening to encroach in any manner on a public road that is under county jurisdiction.

�� (2) A person is not in violation of this section if there is no reasonable method for the person to control, stop or remove the cause of the violation. [1981 c.153 �27]

�� 368.260 [Repealed by 1981 c.153 �79]

�� 368.261 Order to abate road hazard. (1) A county road official may order a person who is in violation of ORS

ORS 37.070

37.070 and fulfills such other requirements as are required by statute or imposed by the court.

�� (b) Following the appointment, give effect to orders, judgments and decrees of the foreign court affecting the property in this state held by the receiver, unless the court determines that to do so would be manifestly unjust or inequitable.

�� (4) The venue of an action described in subsection (3) of this section may be any county in which the receiver appointed in the foreign action resides or maintains an office, or any county in which any property over which the receiver is to be appointed is located at the time the action is commenced.

�� (5)(a) An order appointing a receiver must reasonably describe the property over which the receiver is to take charge, by category, individual items or any combination thereof, if the receiver is appointed over less than all of a person�s property.

�� (b) An order appointing a receiver may appoint the receiver over all of a person�s property, wherever located.

�� (c) An order that appoints a receiver over a person and does not describe the property over which the receiver is to take charge is construed to appoint the receiver over all of the person�s property, except for property not subject to receivership under ORS 37.050.

�� (6) A court may condition the appointment of a receiver upon the giving of security by the person seeking the receiver�s appointment, in such amount as the court may specify, for the payment of costs incurred or damages suffered by any person if a receivership is determined to be wrongfully obtained. [2017 c.358 �6]

�� 37.070 Eligibility to serve as receiver. (1) Any person, whether or not a resident of this state, may serve as a receiver, except for:

�� (a) An entity that is not authorized to conduct business in this state;

�� (b) A person who has been convicted of a crime involving moral turpitude, or is controlled by a person who has been convicted of a crime involving moral turpitude; and

�� (c) The sheriff of any county, except as expressly permitted by statute.

�� (2) If a court appoints an entity as a receiver, the court may require a specific individual to appear in the receivership on behalf of the entity. [2017 c.358 �7]

�� 37.080 Required disclosures relating to conflicts of interest. A court may not appoint a person as a receiver unless the person first:

�� (1) Discloses whether the person:

�� (a) Is an affiliate of a party to the receivership;

�� (b) Has an interest materially adverse to an interest of a party to the receivership;

�� (c) Has a material financial interest in the outcome of the action, other than compensation approved by the court;

�� (d) Has a debtor-creditor relationship with the owner; or

�� (e) Holds an equity interest in a party to the receivership, other than a noncontrolling interest in a publicly traded company; and

�� (2) Affirms under oath that the person�s disclosure under subsection (1) of this section is true and complete. [2017 c.358 �8]

�� 37.090 Receiver�s bond, alternative security or insurance. (1) Except as otherwise provided by law, a court may, at any time before or during the service of a receiver, require a receiver or person nominated as a receiver to post a bond that:

�� (a) Is conditioned on the faithful discharge of the receiver�s duties;

�� (b) Is in an amount that is determined by the court to be adequate to secure payment of any costs, damages and attorney fees that may be sustained or suffered by any person due to a wrongful act of the receiver; and

�� (c) Has one or more sureties that meet the qualifications set forth in ORCP 82 D or that are approved by the court.

�� (2) Except as otherwise provided by law, the court may require the posting of alternative security in lieu of a bond, such as a letter of credit or a deposit of funds with the clerk of the court, to be held to secure the receiver�s faithful performance of the receiver�s duties until the court authorizes the release or return of the alternative security. The court shall remit any interest that may accrue on a deposit under this subsection to the receiver upon the receiver�s discharge.

�� (3) Except as otherwise provided by law, the court may require the receiver or person nominated as receiver to carry an insurance policy with coverage and limits determined by the court in lieu of a bond.

�� (4) A receiver may charge the cost of a bond, alternative security or insurance policy required by the court under this section against the estate.

�� (5) The court may authorize a receiver to act before the receiver posts a required bond or alternative security or acquires a required insurance policy. [2017 c.358 �9]

�� 37.100 Exclusive jurisdiction of appointing court. (1) The court appointing a receiver has:

�� (a) Exclusive authority over the receiver;

�� (b) Exclusive jurisdiction over and right to control all real property and all tangible and intangible personal property constituting the estate, wherever located, to the full extent of the court�s jurisdiction; and

�� (c) Exclusive jurisdiction to determine all controversies relating to the collection, preservation, application and distribution of the estate and all claims against the receiver arising out of the exercise of the receiver�s powers or the performance of the receiver�s duties.

�� (2) Notwithstanding subsection (1) of this section, if any part of the estate is subject to the jurisdiction of another court under ORS 107.105, the court appointing the receiver may not exercise authority over such part of the estate unless expressly permitted by order of the other court. [2017 c.358 �10]

�� 37.110 Powers of receiver. (1) The court appointing a receiver may confer upon the receiver the power to perform any of the following actions, in any combination:

�� (a) Collect, control, manage, conserve and protect estate property;

�� (b) Operate a business constituting estate property, including preservation, use, sale, lease, license, exchange, collection or disposition of property in the ordinary course of business;

�� (c) In the ordinary course of business, incur unsecured debt and pay expenses incidental to the receiver�s preservation, use, sale, lease, license, exchange, collection or disposition of estate property;

�� (d) Assert a right, claim, cause of action or defense of the owner that relates to estate property;

�� (e) Assert in the name of the receiver any claim under ORS 95.200 to 95.310 assertible by any creditor of the owner;

�� (f) Seek and obtain instruction from the court concerning estate property, exercise of the receiver�s powers and performance of the receiver�s duties;

�� (g) On subpoena, compel a person to submit to examination under oath in the manner of a deposition in a civil case, or to produce and permit inspection and copying of designated records or tangible things, with respect to estate property or any other matter that may affect administration of the receivership;

�� (h) Engage and pay compensation to one or more professionals under ORS 37.310;

�� (i) Apply to a court of another state for appointment as ancillary receiver with respect to estate property in that state under ORS 37.390;

�� (j) Incur debt for the use or benefit of estate property other than in the ordinary course of business under ORS 37.260;

�� (k) Make improvements to estate property;

�� (L) Use or transfer estate property other than in the ordinary course of business under ORS 37.250;

�� (m) Assume an executory contract of the owner under ORS 37.240;

�� (n) Pay compensation to the receiver;

�� (o) Determine whether or not to establish a claims procedure under ORS 37.340;

�� (p) Allow or disallow a claim of a creditor under ORS 37.360;

�� (q) Make a distribution of estate property under ORS 37.370;

�� (r) Take any other action authorized under the Oregon Receivership Code; and

�� (s) Take any other actions that the court deems reasonably necessary to avoid injustice.

�� (2) The court may limit, expand or modify the powers conferred by the court on the receiver at any time.

�� (3) A receiver has powers conferred by the court under this section in addition to the powers conferred on the receiver by statute. [2017 c.358 �11]

�� 37.120 Duties of receiver. (1) A receiver shall notify all federal and state taxing and applicable regulatory agencies of the receiver�s appointment in accordance with any applicable laws imposing this duty, including 26 U.S.C. 6036.

�� (2) A receiver shall comply with applicable law.

�� (3) If appointed with respect to any real property, a receiver shall file with the recorder of the county in which the real property is located a certified copy of the order of appointment, together with a legal description of the real property if one is not included in the order.

�� (4) The court appointing a receiver may impose additional duties on the receiver at any time. The court may limit, expand or modify duties imposed by the court on a receiver at any time. [2017 c.358 �12]

�� 37.130 Turnover of property. (1) Upon demand by a receiver, a person shall turn over to the receiver any estate property within the possession, custody or control of the person.

�� (2) If a bona fide dispute exists over whether property is estate property, the court in which the receivership is pending shall resolve the dispute.

�� (3) A receiver may not demand a turnover of residential property without specific judicial approval, which the court may grant only in case of waste, destruction, obstruction of marketing of the property, enforcement of an order in a domestic relations suit or other good cause shown.

�� (4) If a creditor has possession or control of estate property and the validity, perfection or priority of the creditor�s lien depends on the creditor�s possession or control, the creditor may retain possession or control of the property until the court orders adequate protection of the creditor�s lien. [2017 c.358 �13]

�� 37.140 Collection by receiver of debts owed to owner. (1) Upon demand by a receiver, a person that owes a debt that is estate property and is matured or payable on demand shall pay the debt to the receiver, except to the extent that the debt is subject to setoff or recoupment.

�� (2) A person who has notice of the appointment of a receiver and owes a debt that is estate property may not satisfy the debt by payment to the owner. [2017 c.358 �14]

�� 37.150 Duties of owner. (1) An owner shall:

�� (a) Assist and cooperate fully with the receiver in the administration of the estate and the discharge of the receiver�s duties, and comply with all orders of the court;

�� (b) Supply to the receiver information necessary to enable the receiver to complete any schedules that the receiver is required to file under ORS 37.190, and otherwise assist the receiver in the completion of the schedules;

�� (c) Upon the receiver�s appointment, deliver to the receiver all of the estate property in the person�s possession, custody or control, including accounts, books, papers, records and other documents; and

�� (d) After the receiver�s appointment, submit to examination under oath by the receiver, or by any other person upon order of the court, concerning the acts, conduct, property, liabilities and financial condition of the owner or any matter relating to the receiver�s administration of the estate.

�� (2) When the owner is an entity, each officer, director, manager, member, partner or other individual exercising or having the power to exercise control over the affairs of the entity are subject to the requirements of this section. [2017 c.358 �15]

�� 37.160 Mailing and special notice lists to be maintained by receiver. (1) A receiver shall maintain a master mailing list of the names and addresses of all parties to the receivership, all known creditors of the owner and interested persons who have filed notices of appearance in the receivership. The receiver shall make a copy of the current master mailing list available to any person on the list upon the person�s request.

�� (2)(a) A receiver shall maintain a special notice list of the names and addresses of all parties to the receivership and any other person who requests to be placed on the list. The receiver shall make a copy of the current special notice list available to any person on the list upon the person�s request.

�� (b) Any person on the special notice list may notify the receiver of the person�s preferred means of receiving notices and other communications. If the receiver is so notified, the receiver shall add the information to the special notice list. [2017 c.358 �16]

�� 37.170 Notices. (1)(a) Whenever a person is required to give notice under a provision of the Oregon Receivership Code, the person must:

�� (A) Serve notice on all persons specified by the provision;

�� (B) Serve notice on all persons on the special notice list;

�� (C) File notice with the court; and

�� (D) File proof of service with the court.

�� (b) If the provision does not specify to whom notice must be given, the person must give notice to all known persons whose property interests will or may be directly affected by the proposed action, as well as comply with paragraph (a)(B) to (D) of this subsection.

�� (2) Whenever a person is required to give notice under a provision of the Oregon Receivership Code, the person must give at least as much time notice as specified by the relevant provision, or 14 days if no time is specified.

�� (3)(a) Except as otherwise provided, notice to any person not on the special notice list must be served by first class mail or as otherwise directed by the court.

�� (b) Notice to any person on the special notice list who has specified a preferred means of receiving notice must be served by those means, except as otherwise ordered by the court.

�� (4)(a) Except as provided in ORS 37.180, whenever a provision of the Oregon Receivership Code authorizes a person to take an action after giving notice, the person may take the action without specific authorization from the court if:

�� (A) The person gives notice that describes the action that the person will take unless an objection is filed and describes a procedure for objecting to the proposed action; and

�� (B) No objections are filed.

�� (b) If an objection is filed, the court shall hear the objection and issue an order allowing, disallowing or allowing a modified form of the action.

�� (c) The court may, on its own motion, require a hearing on any proposed action.

�� (d) If a person is allowed under this subsection to take an action without specific authorization from the court, the person may nonetheless move the court for an order authorizing the action.

�� (5) The court may extend or shorten any notice periods for good cause shown.

�� (6) The court may order that notice of any proposed action be given to any person, regardless of whether such notice is otherwise required under the Oregon Receivership Code.

�� (7) In all circumstances, the court may consider motions and grant or deny relief without notice or hearing, if it appears to the court that no party to the receivership or interested person would be prejudiced or harmed by the relief requested. [2017 c.358 �17]

�� 37.180 When court order required. (1) A receiver may not take any of the following actions unless the receiver, after giving notice, obtains a court order specifically authorizing the action, except as provided in subsection (2) of this section:

�� (a) Sale or other disposition of real property;

�� (b) Use or transfer of property outside the ordinary course of business;

�� (c) Sale of a co-owner�s interest in jointly owned property;

�� (d) Assumption of an executory contract;

�� (e) Obtaining credit or incurring debt outside the ordinary course of business;

�� (f) Compromise or settlement of a controversy that might affect the distribution to creditors from the estate;

�� (g) Disallowance of all or part of a claim against the estate; and

�� (h) Termination of the receivership.

�� (2) For any action described in subsection (1)(a) to (f) of this section, a court may establish conditions under which a receiver may take the action without first obtaining an order specifically authorizing the action, if the court finds that the burden of seeking a court order is likely to outweigh the materiality of the actions under those conditions. The court may establish such conditions in the order appointing the receiver or in any other order. [2017 c.358 �18]

�� 37.190 Creditor list and inventory. (1) Within 60 days after appointment, or within such other time as the court may specify, a receiver shall file with the court a schedule of all known creditors of the owner, their last known mailing addresses, the amount and nature of their claims and whether their claims are disputed.

�� (2) If the court concludes that the estate is unlikely to be sufficient to make material distributions to unsecured creditors, the court may order that the receiver need not file a schedule as described in subsection (1) of this section. The court may order the receiver to file a schedule of any appropriate subset of creditors.

�� (3) Within 60 days after appointment, or within such other time as the court may specify, a receiver shall file with the court a true inventory of all estate property of which the receiver has taken possession, custody or control, except that the inventory need not include legal claims that are estate property. [2017 c.358 �19]

�� 37.200 Receiver�s periodic reports. (1) A receiver shall file with the court a monthly report of the receiver�s operations and financial affairs, unless the court orders a different reporting period. The receiver shall file each report no later than 30 days after the end of a reporting period. The initial report under this section must be filed no later than 60 days after the receiver is appointed, unless the court orders a different deadline.

�� (2) Each periodic report must include:

�� (a) A concise narrative summary of the receiver�s activities during the period and a description of any major upcoming events;

�� (b) Beginning and ending cash balances;

�� (c) A statement of cash receipts and disbursements;

�� (d) A statement of noncash receipts and payments;

�� (e) A statement of receipts and dispositions of estate property outside the ordinary course of business, including a description of the property, the value of the property and the amounts received from any disposition of the property;

�� (f) A statement of accounts receivable;

�� (g) A statement of fees and expenses of the receiver;

�� (h) A tax disclosure statement listing taxes due or tax deposits required, the name of the taxing agency, the date due and an explanation for any failure to make payments or deposits; and

�� (i) Any other information required by the court. [2017 c.358 �20]

�� 37.210 Claims bar date. A receiver may, after providing notice to all known creditors of the owner, set a deadline for the submission of claims by creditors. The receiver, upon court order, may disallow any claims submitted after the deadline. [2017 c.358 �21]

�� 37.220 Automatic stay of certain proceedings. (1) Except as otherwise ordered by the court, the entry of an order appointing a receiver operates as a stay, applicable to all persons, of:

�� (a) The commencement or continuation, including the issuance or employment of process, of a judicial, administrative or other action or proceeding against the owner that was or could have been commenced before the entry of the order of appointment, or to recover a claim against the owner that arose before the entry of the order of appointment;

�� (b) The enforcement, against the owner or any estate property, of a judgment entered before the entry of the order of appointment;

�� (c) Any act to obtain possession of estate property from the receiver, or to interfere with, or exercise control over, estate property;

�� (d) Any act to create, perfect or enforce any lien or claim against estate property, to the extent that the lien secures a claim against the owner that arose before the entry of the order of appointment;

�� (e) Any act to collect, assess or recover a claim against the owner that arose before the entry of the order of appointment; or

�� (f) The exercise of a right of setoff against the owner.

�� (2) The stay automatically expires as to the acts specified in subsection (1)(a), (b) and (e) of this section six months after the entry of the order of appointment, unless the stay is extended by court order.

�� (3) A person whose action or proceeding is stayed may move the court for relief from the stay, and the court shall grant such relief for good cause shown. A motion for relief from stay under this subsection is deemed granted if the court does not act on the motion within 60 days after the motion is filed. A person may move the court ex parte for an expedited hearing on a motion for relief from stay.

�� (4) Any judgment obtained against the owner or estate property after entry of the order of appointment is not a lien against estate property unless the receivership is terminated before a conveyance of the property against which the judgment would otherwise constitute a lien.

�� (5) The entry of an order appointing a receiver does not operate as a stay of:

�� (a) The continuation of a judicial or nonjudicial foreclosure action that was initiated by the party seeking the receiver�s appointment, unless otherwise ordered by the court;

�� (b) The commencement or continuation of a criminal action against the owner;

�� (c) The commencement or continuation of an action or proceeding to establish parentage, to establish or modify an order for spousal or child support or to collect spousal or child support under any order of a court;

�� (d) Any act to perfect, or to maintain or continue the perfection of, an interest in estate property if the interest perfected would be effective against a creditor of the owner holding at the time of the entry of the order of appointment either a perfected nonpurchase money security interest under ORS chapter 79A against the property, or a lien by attachment, levy or the like, including liens under ORS chapter 87, whether or not such a creditor exists, except that if perfection of an interest would require seizure of the property involved or the commencement of an action, the perfection may and must instead be accomplished by filing and serving on the receiver notice of the interest within the time fixed by law for seizure or commencement;

�� (e) The commencement or continuation of an action or proceeding by a governmental unit to enforce its police or regulatory power;

�� (f) The enforcement of a judgment, other than a money judgment, obtained in an action or proceeding by a governmental unit to enforce its police or regulatory power, or with respect to any licensure of the owner; or

�� (g) The establishment by a governmental unit of any tax liability and any appeal thereof.

�� (6) The court may void an act that violates the stay imposed by this section.

�� (7) If a person knowingly violates the stay imposed by this section, the court may:

�� (a) Award actual damages caused by the violation, reasonable attorney fees and costs; and

�� (b) Sanction the violation as civil contempt.

�� (8) The stay described in this section expires upon the termination of the receivership. [2017 c.358 �22; 2025 c.592 �111]

�� 37.230 Utility service. (1) A utility providing service to estate property may not alter, refuse or discontinue service to the property without first giving the receiver 14 days� notice of any default or intention to alter, refuse or discontinue service to estate property.

�� (2) Nothing in this section precludes the court from prohibiting the alteration or cessation of utility service if the receiver can furnish adequate assurance of payment, in the form of deposit or other security, for service to be provided after entry of the order appointing the receiver. [2017 c.358 �23]

�� 37.240 Executory contracts. (1) A receiver may, upon order of the court, assume any executory contract of the owner. A receiver may, after giving notice, reject any executory contract of the owner. The court may condition assumption or rejection of any executory contract on terms and conditions that the court deems just and proper. A receiver�s performance of an executory contract does not constitute an assumption of the contract or an agreement by the receiver to assume it, nor otherwise preclude the receiver from rejecting it.

�� (2) If a receiver assumes an executory contract, the receiver must assume the contract in its entirety.

�� (3) Any obligation or liability incurred by a receiver due to the receiver�s assumption of an executory contract is an expense of the receivership. A receiver�s rejection of an executory contract is treated as a breach of the contract occurring immediately before the receiver�s appointment, and the receiver�s right to possess or use property pursuant to an executory contract terminates upon rejection of the contract. The other party to an executory contract that is rejected by a receiver may take any necessary steps to terminate or cancel the contract. Any claims resulting from a receiver�s rejection of an executory contract must be submitted to the receiver in the manner provided for by ORS

ORS 374.270

374.270; 1981 c.153 �74]

�� 374.345 Rules regarding turning onto state highway from approach road. The Department of Transportation shall adopt rules regulating the procedures and circumstances under which the department may restrict turning movements onto a state highway from an approach road for which a permit was issued under ORS 374.308 or 374.310 when the restriction is not required by contract, condemnation judgment, recorded deed or permit. [1999 c.972 �4; 2013 c.476 �8]

�� 374.350 Process for appeal of decisions regarding access to highways. The Department of Transportation shall establish a process through which persons affected by decisions of the department regarding access to highways may appeal the decisions. [1999 c.686 �3]

�� 374.355 Dispute resolution procedures; rules. There is created a set of dispute resolution procedures governing an appeal of the Department of Transportation�s decision regarding an approach permit or the removal or modification of an approach. The procedures described in this section include but are not necessarily limited to notice, guarantee of an impartial tribunal, burden of proof and admission and weight of evidence, as follows:

�� (1) Decisions by the department to deny an application, to deny a deviation or to approve an application with mitigation measures are appealable by the applicant or permit holder. An applicant or permit holder may request a hearing. A hearing conducted under this subsection shall be conducted as a contested case hearing in accordance with ORS chapter 183.

�� (2) In addition to requesting a hearing under subsection (1) of this section, an applicant or permit holder may request the following dispute resolution procedures to resolve issues relating to the department�s decision:

�� (a) Collaborative discussion, as established by the department by rule;

�� (b) Review by an Access Management Dispute Review Board established under ORS 374.360; or

�� (c) Both.

�� (3) The time required for a collaborative discussion or review by an Access Management Dispute Review Board process is in addition to the 120 days required for the department�s final decision under ORS 374.312.

�� (4)(a) The department shall conduct a collaborative discussion within 45 days of the date the department receives a request from an applicant or permit holder for collaborative discussion unless the applicant or permit holder and the department agree to a longer amount of time.

�� (b) The department shall conduct a review by an Access Management Dispute Review Board within 45 days of the date the department receives a request for a review by an Access Management Dispute Review Board from an applicant or permit holder unless the applicant or permit holder and the department agree to a longer amount of time.

�� (5) A request for a dispute resolution procedure shall stay the time in which the department must issue a final decision for a concurrent contested case hearing.

�� (6) If an agreement between the parties is reached using collaborative discussion, the Director of Transportation shall issue the written decision. The written decision is a binding agreement for the department and for the applicant or permit holder.

�� (7) The decision pursuant to the collaborative discussion or the Access Management Dispute Review Board to approve, modify or reverse the department�s decision to approve an application for an approach permit with conditions, to modify or require mitigation measures of an existing approach permit, to deny an approach permit or to remove or modify an approach is a settlement offer and is not a decision that may be appealed.

�� (8) The department may adopt rules for the dispute resolution procedures described under this section. [2011 c.330 �14]

�� 374.360 Access Management Dispute Review Board. (1) If the applicant or permit holder of an approach permit requests a review by an Access Management Dispute Review Board under ORS 374.355, the Department of Transportation shall appoint an Access Management Dispute Review Board by selecting members for a board consisting of any or all of following:

�� (a) The Director of Transportation or a designee of the director who is familiar with the location in which the disputed approach is located.

�� (b) A representative of the local jurisdiction in which the disputed approach is located.

�� (c) A traffic engineer who practices engineering in Oregon.

�� (d) A representative from the economic or business sector.

�� (2) The Access Management Dispute Review Board shall consider information presented by the parties and shall notify the applicant or permit holder and the director of its findings regarding the department�s original decision.

�� (3) The director shall review the Access Management Dispute Review Board�s findings and may approve, modify or reverse the department�s original decision to approve an application for an approach permit with conditions, to modify or require mitigation measures for an existing approach permit, to deny the approach permit or to remove or modify an approach.

�� (4) The director shall notify the applicant or permit holder in writing of the department�s determination following a review by an Access Management Dispute Review Board appointed under this section. [2011 c.330 �15]

RIGHTS APPURTENANT TO PROPERTY ABUTTING CERTAIN HIGHWAYS AND ROADS

�� 374.405 Access rights of property abutting on state highways. No rights in or to any state highway, including what is known as right of access, shall accrue to any real property abutting upon any portion of any state highway constructed, relocated or reconstructed after May 12, 1951, upon right of way, no part of the width of which was acquired prior to May 12, 1951, for public use as a highway, by reason of the real property abutting upon the state highway.

�� 374.410 Department of Transportation to prescribe access rights of abutting property. In connection with any acquisition of real property for right of way of any state highway, the Department of Transportation shall prescribe and define the location, width, nature and extent of any right of access that may be permitted by the department to pertain to real property described in ORS 374.405.

�� 374.415 Action to prevent entering or leaving state highways in manner not authorized. The Department of Transportation may commence and prosecute to final determination any suit, action or proceeding in the name of the state by and through the department, which in its judgment is necessary to enjoin and prevent any person, whether acting individually or by agent, from entering upon or departing from any state highway mentioned in ORS 374.405, at any location, for any use or in any manner not authorized by any grant of a right of access, as provided in ORS 374.410.

�� 374.420 County throughways; rights of abutting property owners. (1) The county court or board of county commissioners may acquire by purchase, agreement, donation or exercise of the power of eminent domain, fee title or any interest in real property, including easements of air, view, light and access, which is necessary for the construction of a throughway or the establishment of a section of an existing county road as a throughway.

�� (2) When right of way is acquired for a throughway after August 13, 1965, no rights in or to the throughway, including what is known as right of access, accrue to real property merely because the property abuts upon that part of the right of way so acquired. This subsection also applies to right of way acquired, prior to August 13, 1965, pursuant to ORS 374.420 to 374.430 (1963 Replacement Parts).

�� (3) �Throughway,� as used in this section, means a proposed or existing county road especially designed for through traffic, which has been designated by resolution of the county court or board of county commissioners as a throughway, over, from or to which owners or occupants of abutting land or other persons have no easement of access or only a limited easement of access, light, air or view, merely because of the fact that their property abuts upon the throughway or for any other reason. [Amended by 1965 c.364 �1]

�� 374.425 County court to prescribe access rights of abutting property. In connection with the acquisition of real property for right of way for a throughway described in ORS 374.420, the county court or board of county commissioners may prescribe the location, width, nature and extent of any right of access that pertains to such real property. [Amended by 1965 c.364 �2]

�� 374.430 Action to prevent entering or leaving county roads in unauthorized manner. The county court or board of county commissioners may commence and prosecute to final determination any suit, action or proceeding which in its judgment is necessary to enjoin and prevent any person, whether acting individually or by agent, from entering upon or departing from any throughway under its jurisdiction, mentioned in ORS

ORS 376.305

376.305 to 376.390, and by the provisions of the contract made pursuant thereto, are limited to the forest road contractor, the agents and subcontractors of the forest road contractor, and to such other logging operators as may meet the provisions required to be included in the contract by ORS 376.345 (6). This section does not, however, prevent the use of the forest contract road by the general public. [Amended by 1953 c.370 �5]

�� 376.370 Supervision over forest road work by roadmaster. (1) All improvement and maintenance work done pursuant to a forest road contract shall be under the supervision of the county roadmaster of the contracting county.

�� (2) On request of the forest road contractor, the county roadmaster shall inspect any completed segment of the contract forest road, and if the county roadmaster determines the work to be in compliance with the contract the county roadmaster shall approve the completion in writing, deliver a copy of the approval to the contractor and file a copy with the county clerk. Except in case of fraud, the approval of the county roadmaster shall be conclusive proof that the work approved is in compliance with the contract.

�� 376.375 Contract liability of forest road contractor. The liability of any forest road contractor for failure to improve or maintain the contract forest road or any bridge or culvert thereon in accordance with the contract is limited to the contracting county.

�� 376.380 Assignment of forest road contract. Any forest road contractor may assign the forest road contract in its entirety, with approval of the contracting county court and not otherwise. A copy of each assignment shall be filed with the county clerk. A copy of the assignment together with a copy of the resolution of the county court approving the assignment shall be delivered or sent by registered mail or by certified mail with return receipt to the Public Utility Commission and the Department of Transportation. [Amended by 1991 c.249 �32]

�� 376.385 [Amended by 1991 c.67 �92; 1999 c.1051 �270; 2007 c.679 �4; repealed by 2011 c.597 �118]

�� 376.390 Payment of taxes and fees by forest road contractor. Nothing in ORS 376.305 to 376.390 relieves the forest road contractor or agents or subcontractors of the forest road contractor from payment of any taxes or fees prescribed by law, except that, with respect to a motor vehicle operated upon a contract forest road by a forest road contractor, or agent or subcontractor of the forest road contractor, the road tax mileage fees prescribed by ORS 825.474, 825.476,

ORS 390.851

390.851. The department shall establish a reasonable fee for issuance of a pass under this section. The department may establish any form of proof of payment of the user fees that it deems appropriate.

�� (2) The system for issuance of passes established by the department under this section may include issuance of the passes by governmental entities or private persons who have entered into appropriate agreements with the department for issuance of the passes. Agreements under this subsection may include, but are not limited to, terms providing for locations for the collection of fees, methods the department determines appropriate to assure payment of moneys collected and provisions for the distribution of river-user information.

�� (3) The department shall issue, without charge, annual passes to comply with the requirements under ORS 390.851 to persons who own ranch, farm or residential property immediately abutting those portions of the Deschutes River designated as scenic waterways under ORS 390.826 and to members of the immediate family of such persons. This subsection does not authorize the issuance without charge of passes to persons holding less than a majority interest in a firm, corporation or cooperative organization which owns land immediately abutting the Deschutes River designated as scenic waterways under ORS 390.826.

�� (4) Moneys collected under this section shall be deposited in the separate fund established for the State Parks and Recreation Department under ORS 366.512 and, subject to the limitations under subsection (5) of this section, are continually appropriated to that department to be used:

�� (a) For operation of the pass system established under this section;

�� (b) For providing river-user oriented law enforcement services;

�� (c) For providing river recreation information and education;

�� (d) For developing and maintaining river oriented recreation facilities; and

�� (e) For any other purposes the department considers appropriate for the maintenance, enhancement or protection of the natural and scenic beauty of the scenic waterway consistent with ORS 390.805 to 390.925.

�� (5) The use of moneys for purposes described under subsection (4) of this section is limited to the performance of those purposes for areas of the Deschutes River designated as scenic waterways under ORS 390.826. [1981 c.798 �2; 1985 c.606 �4; 1987 c.291 �2; 1987 c.624 �15]

�� 390.851 Activities prohibited on parts of Deschutes River without pass; exceptions. (1) Unless the person has an appropriate pass issued under ORS 390.848, no person shall launch, operate or ride in any boat or engage in any camping, fishing or other activity in connection with being transported by a boat on those portions of the Deschutes River designated as scenic waterways under ORS 390.826.

�� (2) This section does not apply to:

�� (a) Peace officers, members or employees of a governmental body or their agents while engaged in the discharge of official duties; or

�� (b) Any member of the Confederated Tribes of the Warm Springs Indian Reservation.

�� (3) A person who violates this section commits a Class C violation. [1981 c.798 �3; 1987 c.291 �3; 1999 c.1051 �99]

�� 390.855 Designation of additional scenic waterways. The State Parks and Recreation Department shall undertake a continuing study and submit periodic reports to the Governor, with the concurrence of the Water Resources Commission, recommending the designation of additional rivers or segments of rivers and related adjacent land by the Governor as scenic waterways subject to the provisions of ORS 390.805 to

ORS 398.082

398.082); 1985 c.682 �15; 2005 c.512 �10; repealed by 2013 c.81 �20]

�� 398.102 [1961 c.454 �93; 1975 c.719 �7; 1985 c.682 �16; repealed by 2013 c.81 �20]

�� 398.104 [1961 c.454 �94; 1975 c.719 �8; 2005 c.512 �11; repealed by 2013 c.81 �20]

�� 398.106 [1961 c.454 �95; 1975 c.719 �9; 1985 c.682 �17; 1999 c.157 �1; 2005 c.512 �12; repealed by 2013 c.81 �20]

�� 398.108 [1961 c.454 �96; 1975 c.719 �10; 1985 c.682 �18; 1999 c.157 �2; 2005 c.512 �13; repealed by 2013 c.81 �20]

�� 398.110 [1961 c.454 �97; 1975 c.719 �11; 1985 c.682 �19; 1999 c.157 �3; 2005 c.512 �14; repealed by 2013 c.81 �20]

�� 398.112 [1961 c.454 �98; 1999 c.157 �4; 2005 c.512 �15; repealed by 2013 c.81 �20]

�� 398.114 [1961 c.454 �99; 1985 c.682 �20; repealed by 2013 c.81 �20]

�� 398.116 [1961 c.454 �100; 2005 c.512 �37; repealed by 2013 c.81 �20]

�� 398.118 Commutations and pardons granted by Governor; remittance of forfeitures and fines. Upon the conditions and with the restrictions and limitations as the Governor thinks proper, the Governor may grant commutations and pardons for all punishments imposed under the Oregon Code of Military Justice by a general court-martial or a special court-martial and may remit all forfeitures and fines that were imposed under the code. [2005 c.512 �17; 2013 c.81 �10]

�� 398.120 Application for commutation or pardon. (1) When a person subject to the Oregon Code of Military Justice makes an application for commutation or pardon to the Governor, a copy of the application, signed by the applicant and stating fully the grounds of the application, shall be served by the applicant upon:

�� (a) The convening authority; and

�� (b) If the applicant is in confinement, the person in charge of the place of confinement.

�� (2) The applicant shall present to the Governor proof by affidavit of the service.

�� (3) Upon receiving a copy of the application for commutation or pardon, the convening authority shall provide to the Governor, as soon as practicable, the information and records relating to the case as the Governor may request and any other information and records relating to the case that the convening authority considers relevant to the issue of commutation or pardon.

�� (4) Following receipt by the Governor of an application for commutation or pardon, the Governor may not grant the application for at least 30 days. Upon the expiration of 180 days following receipt of an application, if the Governor has not granted the commutation or pardon applied for, the application shall lapse. Any further proceedings for commutation or pardon in the case shall be pursuant only to further application and service. [2005 c.512 �18; 2013 c.81 �11]

�� 398.126 [1961 c.454 �101; 2005 c.512 �19; repealed by 2013 c.81 �20]

�� 398.128 [1961 c.454 �102; repealed by 2013 c.81 �20]

�� 398.130 [1961 c.454 �103; 1985 c.682 �21; repealed by 2013 c.81 �20]

�� 398.132 [1961 c.454 �104; 1975 c.719 �12; 1985 c.682 �22; 2003 c.14 �171; 2005 c.512 �20; repealed by 2013 c.81 �20]

�� 398.134 [1961 c.454 �105; repealed by 1975 c.719 �13 (398.135 enacted in lieu of 398.134)]

�� 398.135 [1975 c.719 �14 (enacted in lieu of 398.134); 1985 c.682 �23; 1999 c.94 �1; 2005 c.512 �21; repealed by 2013 c.81 �20]

�� 398.136 [1961 c.454 �106; 1975 c.719 �15; 1985 c.682 �24; 1999 c.94 �2; 2005 c.512 �22; repealed by 2013 c.81 �20]

�� 398.138 [1961 c.454 �107; 1985 c.682 �25; 1999 c.94 �3; repealed by 2013 c.81 �20]

�� 398.140 [1961 c.454 �108; 1975 c.719 �16; repealed by 2013 c.81 �20]

�� 398.162 [1961 c.454 �109; 1985 c.682 �26; repealed by 2013 c.81 �20]

�� 398.164 [1961 c.454 �110; repealed by 2013 c.81 �20]

�� 398.166 [1961 c.454 �111; 1985 c.682 �27; repealed by 2013 c.81 �20]

�� 398.168 [1961 c.454 �112; 1975 c.719 �17; repealed by 2013 c.81 �20]

�� 398.170 [1961 c.454 �113; 1985 c.682 �28; repealed by 2013 c.81 �20]

�� 398.172 [1961 c.454 �114; 1975 c.719 �18; repealed by 2013 c.81 �20]

�� 398.202 [1961 c.454 �115; repealed by 2013 c.81 �20]

�� 398.204 [1961 c.454 �116; 1975 c.719 �19; repealed by 2013 c.81 �20]

�� 398.206 [1961 c.454 �117; 1975 c.719 �20; 1985 c.682 �29; repealed by 2013 c.81 �20]

�� 398.208 [1961 c.454 �118; repealed by 1975 c.719 �21 (398.209 enacted in lieu of 398.208)]

�� 398.209 [1975 c.719 �22 (enacted in lieu of 398.208); 2005 c.512 �38; repealed by 2013 c.81 �20]

�� 398.210 [1961 c.454 �119; 1975 c.719 �23; repealed by 2013 c.81 �20]

�� 398.212 [1961 c.454 �120; 1975 c.719 �24; repealed by 2013 c.81 �20]

�� 398.214 [1961 c.454 �121; 1975 c.719 �25; repealed by 2013 c.81 �20]

�� 398.216 Statute of limitation. (1) Except as otherwise provided in this section, a person subject to the Oregon Code of Military Justice who is charged with an offense is not liable to be tried by court-martial if the offense was committed more than three years before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction over the command.

�� (2) A person charged with an offense is not liable to be punished under Article 15 of the Oregon Code of Military Justice if the offense was committed more than one year before any proceeding relating to the offense has been initiated.

�� (3) Periods of time in which the accused is absent without authority or is fleeing from justice must be excluded in computing the period of limitation prescribed in this section.

�� (4) Periods of time in which the accused is absent from territory in which the state has the authority to apprehend the accused, is in the custody of civil authorities or is in the hands of the enemy must be excluded in computing the period of limitation prescribed in this section.

�� (5) When the United States is at war or the President of the United States has declared a national emergency, the running of any statute of limitation applicable to an offense under the Oregon Code of Military Justice is suspended until two years after the termination of hostilities or national emergency as proclaimed by the President or by a joint resolution of Congress if the offense:

�� (a) Involved fraud or attempted fraud against the United States, any state or any state or federal agency, whether by conspiracy or not;

�� (b) Was committed in connection with the acquisition, care, handling, custody, control or disposition of any real or personal property of the United States or of any state; or

�� (c) Was committed in connection with the negotiation, procurement, award, performance, payment, interim financing, cancellation or other termination or settlement of any contract, subcontract or purchase order that is connected with or related to the prosecution of war or with any disposition of termination inventory by a war contractor or governmental agency.

�� (6) If charges or specifications are dismissed as defective or insufficient for any cause and the period prescribed by the applicable statute of limitation has expired or will expire within 180 days after the date of dismissal of the charges and specifications, trial and punishment under new charges and specifications are not barred by the statute of limitation if the new charges and specifications:

�� (a) Are received by an officer exercising summary court-martial jurisdiction over the command within 180 days after the dismissal of the charges or specifications; and

�� (b) Allege the same acts or omissions that were alleged in the dismissed charges or specifications, or allege acts or omissions that were included in the dismissed charges or specifications. [1961 c.454 �122; 1985 c.682 �30; 2013 c.81 �12]

�� 398.218 [1961 c.454 �123; 1985 c.682 �31; 1999 c.157 �5; repealed by 2013 c.81 �20]

�� 398.220 [1961 c.454 �124; 1985 c.682 �32; repealed by 2013 c.81 �20]

�� 398.222 [1961 c.454 �125; 1975 c.719 �26; repealed by 2013 c.81 �20]

�� 398.224 Refusal to appear or testify. (1) Any person not subject to the Oregon Code of Military Justice commits a Class B misdemeanor if the person:

�� (a) Has been duly subpoenaed to appear as a witness before a court-martial, court of inquiry or any other military court or board, or before any military or civil officer designated to take a deposition to be read in evidence before such a court, commission or board;

�� (b) Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the circuit court of the state in ORS 44.415 (2); and

�� (c) Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce.

�� (2) The district attorney of the county in which the offense occurred, upon certification of the facts by the military court, court of inquiry or board, shall prosecute any person who commits the offense described in subsection (1) of this section. [1961 c.454 �126; 1985 c.682 �33; 1989 c.980 �13; 2005 c.512 �23; 2011 c.597 �189; 2013 c.81 �13]

�� 398.226 Contempt. (1) A military court may punish for contempt any person who uses any menacing word, sign or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for 30 days or a fine of $100, or both.

�� (2) A military court shall have the contempt power possessed by a civilian court as provided under ORS 33.015 to 33.155.

�� (3) A person found in contempt under this section and ordered confined may be confined in a county jail upon written order of the military judge.

�� (4) A person ordered confined under this section may be delivered to the civilian authority by a military or civilian law enforcement authority.

�� (5) The county jail may not charge the Oregon Military Department or the state for the costs of a person�s confinement under this section. [1961 c.454 �127; 2005 c.512 �24]

�� 398.228 [1961 c.454 �128; 1985 c.682 �34; repealed by 2013 c.81 �20]

�� 398.230 [1961 c.454 �129; repealed by 2013 c.81 �20]

�� 398.232 [1961 c.454 �130; 1975 c.719 �27; 1985 c.682 �35; repealed by 2013 c.81 �20]

�� 398.234 Number of votes required. (1) No person may be convicted of an offense, except by the concurrence of two-thirds of the members of a general or special court-martial present at the time the vote on the findings and on the sentence of a court-martial is taken.

�� (2) All sentences shall be determined by the concurrence of two-thirds of the members present at the time that the vote is taken.

�� (3) All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote. However, a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused�s sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused. [1961 c.454 �131; 1985 c.682 �36; 2013 c.81 �14]

�� 398.236 [1961 c.454 �132; repealed by 2013 c.81 �20]

�� 398.238 [1961 c.454 �133; 1975 c.719 �28; 1985 c.682 �37; repealed by 2013 c.81 �20]

�� 398.252 Cruel and unusual punishments prohibited. Punishment by flogging, or by branding, marking or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to the Oregon Code of Military Justice. The use of irons, single or double, except for the purpose of safe custody, is prohibited. [1961 c.454 �134; 2013 c.81 �15]

�� 398.254 [1961 c.454 �135; 1985 c.682 �38; repealed by 2013 c.81 �20]

�� 398.256 [1961 c.454 �136; 1985 c.682 �39; repealed by 2013 c.81 �20]

�� 398.258 [1961 c.454 �137; 1975 c.719 �29; 1985 c.682 �40; 2005 c.512 �25; repealed by 2013 c.81 �20]

�� 398.260 [1985 c.682 �13; repealed by 1999 c.157 �8]

�� 398.272 [1961 c.454 �138; 1985 c.682 �41; repealed by 2013 c.81 �20]

�� 398.274 [1961 c.454 ��139,140; repealed by 2013 c.81 �20]

�� 398.276 [1961 c.454 �141; repealed by 2013 c.81 �20]

�� 398.278 [1961 c.454 �142; repealed by 2013 c.81 �20]

�� 398.280 [1961 c.454 �143; repealed by 2013 c.81 �20]

�� 398.282 [1961 c.454 �144; 1985 c.682 �42; 2005 c.512 �39; repealed by 2013 c.81 �20]

�� 398.284 [1961 c.454 �145; repealed by 2013 c.81 �20]

�� 398.286 [1961 c.454 �146; 1985 c.682 �43; repealed by 2013 c.81 �20]

�� 398.288 [1961 c.454 �147; 1985 c.682 �44; repealed by 2013 c.81 �20]

�� 398.290 [1961 c.454 �148; 1985 c.682 �45; repealed by 2013 c.81 �20]

�� 398.292 [1961 c.454 �149; repealed by 2013 c.81 �20]

�� 398.294 [1961 c.454 �150; 1985 c.682 �46; repealed by 2013 c.81 �20]

�� 398.296 [1961 c.454 �151; repealed by 2013 c.81 �20]

�� 398.302 [1961 c.454 �152; 1975 c.719 �30; 1999 c.157 �6; 2005 c.512 �26; repealed by 2013 c.81 �20]

�� 398.304 [1961 c.454 �153; repealed by 2013 c.81 �20]

�� 398.306 [1961 c.454 �154; repealed by 2013 c.81 �20]

�� 398.308 [1961 c.454 �155; repealed by 2013 c.81 �20]

�� 398.310 [1961 c.454 �156; repealed by 2013 c.81 �20]

�� 398.312 [1961 c.454 �157; repealed by 2013 c.81 �20]

�� 398.314 [1961 c.454 �158; repealed by 2013 c.81 �20]

�� 398.316 [1961 c.454 �159; repealed by 2013 c.81 �20]

�� 398.318 [1961 c.454 �160; repealed by 2013 c.81 �20]

�� 398.320 [1961 c.454 �161; repealed by 2013 c.81 �20]

�� 398.322 [1961 c.454 �162; repealed by 2013 c.81 �20]

�� 398.324 [1961 c.454 �163; repealed by 2013 c.81 �20]

�� 398.326 [1961 c.454 �164; 1985 c.682 �47; repealed by 2013 c.81 �20]

�� 398.328 [1961 c.454 �165; repealed by 2013 c.81 �20]

�� 398.330 [1961 c.454 �166; repealed by 2013 c.81 �20]

�� 398.332 [1961 c.454 �167; repealed by 2013 c.81 �20]

�� 398.334 [1961 c.454 �168; repealed by 2013 c.81 �20]

�� 398.336 [1961 c.454 �169; repealed by 2013 c.81 �20]

�� 398.338 [1961 c.454 �170; repealed by 2013 c.81 �20]

�� 398.340 [1961 c.454 �171; 1985 c.682 �48; repealed by 2013 c.81 �20]

�� 398.342 [1961 c.454 �172; repealed by 2013 c.81 �20]

�� 398.344 [1961 c.454 �173; repealed by 2013 c.81 �20]

�� 398.346 [1961 c.454 �174; repealed by 2013 c.81 �20]

�� 398.348 [1961 c.454 �175; repealed by 2013 c.81 �20]

�� 398.350 [1961 c.454 �176; repealed by 2013 c.81 �20]

�� 398.352 [1961 c.454 �177; repealed by 2013 c.81 �20]

�� 398.354 [1961 c.454 �178; repealed by 2013 c.81 �20]

�� 398.356 [1961 c.454 �179; repealed by 2013 c.81 �20]

�� 398.358 [1961 c.454 �180; repealed by 2013 c.81 �20]

�� 398.360 [1961 c.454 �181; repealed by 2013 c.81 �20]

�� 398.362 [1961 c.454 �182; repealed by 2013 c.81 �20]

�� 398.366 [1961 c.454 �183; repealed by 2013 c.81 �20]

�� 398.368 [1961 c.454 �184; repealed by 2013 c.81 �20]

�� 398.370 [1961 c.454 �185; repealed by 2013 c.81 �20]

�� 398.372 [1961 c.454 �186; 1975 c.719 �31; 1979 c.744 �18; 1985 c.682 �49; repealed by 2013 c.81 �20]

�� 398.374 [1961 c.454 �187; 1985 c.682 �50; repealed by 2013 c.81 �20]

�� 398.375 [1985 c.682 �4; repealed by 2013 c.81 �20]

�� 398.376 [1961 c.454 �188; repealed by 1975 c.719 �34]

�� 398.378 [1961 c.454 �189; repealed by 2013 c.81 �20]

�� 398.380 [1961 c.454 �190; repealed by 2013 c.81 �20]

�� 398.382 [1961 c.454 �191; repealed by 1975 c.719 �34]

�� 398.384 [1961 c.454 �194; 1975 c.719 �32; 1985 c.682 �51; repealed by 2013 c.81 �20]

�� 398.386 [1961 c.454 �192; repealed by 2013 c.81 �20]

�� 398.388 [1961 c.454 �193; repealed by 2013 c.81 �20]

�� 398.390 [1961 c.454 �195; repealed by 1975 c.719 �34]

�� 398.391 [1985 c.682 �3; repealed by 2013 c.81 �20]

�� 398.392 [1961 c.454 �196; 1971 c.743 �363; repealed by 1975 c.719 �34]

�� 398.393 [1985 c.682 �5; repealed by 2013 c.81 �20]

�� 398.394 [1985 c.682 �6; repealed by 2013 c.81 �20]

�� 398.395 [1985 c.682 �7; repealed by 2013 c.81 �20]

�� 398.397 [1985 c.682 �8; repealed by 2013 c.81 �20]

�� 398.399 [1985 c.682 �9; repealed by 2013 c.81 �20]

�� 398.400 [1985 c.682 �10; 1999 c.157 �7; repealed by 2013 c.81 �20]

�� 398.402 [1961 c.454 �197; 1989 c.360 �10; repealed by 2013 c.81 �20]

�� 398.404 [1961 c.454 �201; repealed by 2013 c.81 �20]

�� 398.406 Execution of process and sentence. In the organized militia not in federal service, the processes and sentences of its courts-martial shall be executed by the civil officers prescribed by the laws of the state. Where no provision is made for executing those processes and sentences, the process or sentence shall be executed by a United States Marshal or deputy marshal, who shall make a return to the military officer issuing the process or the court imposing the sentence, pursuant to section 333 of title 32, United States Code. [1961 c.454 �202]

�� 398.408 Process of military courts. (1) Military courts may issue all process necessary to carry into effect the powers vested in those courts. Such courts may issue subpoenas and subpoenas duces tecum and enforce by attachment attendance of witnesses and production of books and records, when the courts are sitting within the state and the witnesses, books and records sought are also so located.

�� (2) Such process may be issued by summary courts-martial, provost courts or the president or military judge of other military courts and may be directed to and may be executed by the marshals of the military court or any peace officer and shall be in such form as may be prescribed in the Oregon Code of Military Justice.

�� (3) All officers to whom such process may be so directed shall execute the documents and make return of their acts thereunder according to the requirements of those documents. Except as otherwise specifically provided in the Oregon Code of Military Justice, no such officer may demand or require payment of any fee or charge for receiving, executing or returning such a process or for any service in connection therewith. [1961 c.454 �203; 1975 c.719 �33; 1981 c.178 �13; 2013 c.81 �16]

�� 398.410 [1961 c.454 �204; 1963 c.169 �7; repealed by 2013 c.81 �20]

�� 398.412 Immunity for action of military courts. No action or proceeding may be prosecuted against the convening authority or a member of a military court or officer or person acting under its authority or reviewing its proceedings because of the approval, imposition, or execution of any sentence or the imposition or collection of a fine or penalty, or the execution of any process of a military court. [1961 c.454 �205; 1981 c.178 �14]

�� 398.414 Presumption of jurisdiction. The jurisdiction of the military courts and boards established by this chapter and the Oregon Code of Military Justice shall be presumed and the burden of proof rests on any person seeking to oust those courts or boards of jurisdiction in any action or proceeding. [1961 c.454 �206; 2013 c.81 �17]

�� 398.416 Delegation of authority by Governor. The Governor may delegate any authority vested in the Governor under this chapter, and may provide for the subdelegation of any such authority, except with respect to the power given the Governor by ORS 398.118. [1961 c.454 �207; 1985 c.682 �52; 2005 c.512 �40; 2013 c.81 �18]

�� 398.418 Payment of expenses. The Adjutant General shall have authority to pay all expenses incurred in the administration of state military justice from any fund appropriated to the Oregon Military Department. [1985 c.682 �12; 1989 c.360 �11]

�� 398.420 Armed Forces Court of Appeals for Oregon. (1) There is established within the Oregon Military Department the Armed Forces Court of Appeals for Oregon.

�� (2) The court shall have exclusive jurisdiction over appeals properly brought under this chapter, the Oregon Code of Military Justice and ORS chapters 396 and 399.

�� (3) The Adjutant General shall appoint three persons who shall serve as judges on the court. The persons appointed shall serve without compensation.

�� (4) One person shall be Chief Judge and two persons shall be Associate Judges. The Chief Judge shall be selected by the three judges. The selection shall be subject to the approval of the Adjutant General.

�� (5)(a) Appointments shall be for a term of six years, except that the initial appointments of the judges shall be for the following terms:

�� (A) One judge shall serve a two-year term.

�� (B) One judge shall serve a four-year term.

�� (C) One judge shall serve a six-year term.

�� (b) The term of office of any successor judges shall be six years, but any judge appointed to fill a vacancy occurring prior to the expiration of the term for which the judge�s predecessor was appointed shall be appointed only for the unexpired term of the predecessor.

�� (c) Any person appointed to a full or partial term on the court, unless otherwise disqualified, shall be eligible for reappointment.

�� (6) A person is eligible for appointment to the court if the person:

�� (a) Is a licensee of the Oregon State Bar and admitted to practice before the highest court of this state;

�� (b) Is a former commissioned officer of the Armed Forces of the United States or the reserve components, or is a former or current member of the Oregon Civil Defense Force; and

�� (c) Has at least:

�� (A) Five years� experience as an officer in the Judge Advocate General�s Corps; or

�� (B) Fifteen years� experience in the Judge Advocate Branch of the Oregon Civil Defense Force.

�� (7) Judges of the court may be removed by the Adjutant General, upon notice and hearing, for neglect of duty or malfeasance in office or for mental or physical disability, but for no other cause.

�� (8) If a judge of the court is temporarily unable to perform the judge�s duties due to mental or physical disability, the Adjutant General may designate another person eligible for appointment to the court to fill the office for the period of disability.

�� (9) The Oregon Military Department shall be responsible for reimbursement and funding of all usual travel and per diem expenses of the judges.

�� (10) The Adjutant General shall issue regulations to govern appellate procedure before the court. The regulations shall be substantially similar to the provisions for post-trial procedure and review of courts-martial under the Uniform Code of Military Justice, 10 U.S.C. 801 et seq.

�� (11) A party aggrieved by a decision of the Armed Forces Court of Appeals for Oregon may petition the Supreme Court of this state for review within 35 days after the date of the decision, in the manner provided by rules of the Supreme Court.

�� (12) As used in this section, �component� includes the Army National Guard, the Air National Guard and the Oregon Civil Defense Force. [2005 c.512 �29; 2009 c.345 �2; 2013 c.81 �19; 2017 c.472 �7; 2025 c.32 �106]

ORS 399.990

399.990�� Penalties

�� 399.010 [Repealed by 1961 c.454 �213]

ORGANIZATION, TRAINING, ADMINISTRATION AND OPERATIONS

�� 399.015 Army National Guard. The ground force of the organized militia shall be the Army National Guard and shall be composed of the army units which are a part of the Oregon National Guard on August 9, 1961, and such units as may be authorized thereafter, including the personnel who are enlisted, appointed or commissioned therein. All persons who are members of the Army National Guard shall be federally recognized as such. [1961 c.454 �39]

�� 399.020 [Repealed by 1961 c.454 �213]

�� 399.025 Air National Guard. The air force of the organized militia shall be the Air National Guard and shall be composed of the air force units which are a part of the Oregon National Guard on August 9, 1961, and such units as may be authorized thereafter, including the personnel who are enlisted, appointed or commissioned therein. All persons who are members of the Air National Guard shall be federally recognized as such. [1961 c.454 �40]

�� 399.030 [Repealed by 1961 c.454 �213]

�� 399.035 Oregon Civil Defense Force; volunteer civil defense forces. (1) In addition to the federally recognized Oregon National Guard subject to call or order to federal service under laws of the United States, there shall be organized within the state a National Guard Reserve force. Such force shall be known as the Oregon Civil Defense Force, and shall be composed principally of officers, warrant officers and enlisted persons not eligible for general service under federal selective service laws.

�� (2) In time of peace the Oregon Civil Defense Force shall be maintained at cadre strength in numbers to be determined by the Governor.

�� (3) In time of peace the mission of the Oregon Civil Defense Force shall be to augment the Oregon National Guard as an internal security force. In time of war, it shall replace the Oregon National Guard as a force when the National Guard is ordered into federal service.

�� (4) Whenever laws of the United States authorize the organization of such forces under federal recognition, the Governor shall promulgate such regulations as are necessary to comply with such federal laws and obtain federal recognition for the force authorized by this section.

�� (5) Notwithstanding subsections (1) to (4) of this section:

�� (a) The Superintendent of State Police may form a volunteer Oregon State Police Civil Defense Force for the purpose of providing emergency response and communications, medical assistance, logistical support and other aid authorized by the superintendent. The superintendent, in collaboration with the Adjutant General, may assign delegate members of the Oregon State Police Civil Defense Force to command centers throughout this state.

�� (b) The sheriff of a county in this state may form a volunteer County Civil Defense Force for the purpose of providing emergency response and communications, medical assistance, logistical support and other aid authorized by the sheriff.

�� (6) Volunteers in the Oregon State Police Civil Defense Force or a County Civil Defense Force must possess and demonstrate experience or training in the military, law enforcement, communications, rescue operations or logistical support.

�� (7)(a) Volunteers in the Oregon State Police Civil Defense Force or a County Civil Defense Force are not, by virtue of volunteering in the force, considered:

�� (A) Members of the Oregon Civil Defense Force;

�� (B) Employees or volunteers of the state;

�� (C) In �state service,� as that term is defined in ORS 240.015; or

�� (D) Agents of a public body under ORS 30.260 to 30.300 (Oregon Tort Claims Act) for the purpose of acts and omissions of the volunteer that are within the course and scope of the volunteer�s duties.

�� (b) Unless entitled to compensation, reimbursement, benefits or coverage under any other provision of law, volunteers in the Oregon State Police Civil Defense Force or a County Civil Defense Force are not entitled to compensation, reimbursement for expenses, workers� compensation or other insurance coverage, public employment benefits or entitlements from the Oregon Military Department, the Oregon Department of Emergency Management or any other state or local agency or government. [1961 c.454 �41; 1989 c.361 �6; 2017 c.472 �1; 2021 c.539 �31]

�� 399.040 [Repealed by 1961 c.454 �213]

�� 399.045 Organization and training; equality of treatment and opportunity. (1) The forces of the organized militia shall be organized, armed, disciplined, governed, administered and trained as prescribed by applicable federal and state laws and regulations.

�� (2) It hereby is declared to be the policy of the state that there shall be an equality of treatment and opportunity for all persons in the organized militia without regard to race, creed, color or national origin. [1961 c.454 ��42,43]

�� 399.050 [Repealed by 1961 c.454 �213]

�� 399.055 Assemblies, periodic training and other duty. Members and units of the organized militia shall assemble for training and shall participate in field training periods and active duty for training periods, maneuvers, schools, conferences or other similar duties at such times and places as are prescribed therefor by applicable federal and state laws and regulations. In addition to these periods, the commander of any organization may require the officers, warrant officers and enlisted persons of the command to meet for ceremonies, parades or training at such times and places as the commander may appoint. [1961 c.454 �44]

�� 399.060 [Repealed by 1961 c.454 �213]

�� 399.065 Ordering organized militia into active service of the state; Governor; martial law. (1) The Governor shall have the power, in case of invasion, disaster, insurrection, riot, breach of the peace, or imminent danger thereof, to order into active service of the state for such period, to such extent and in such manner as the Governor may deem necessary all or any part of the organized militia. Such power shall include the power to order the organized militia or any part thereof to function under the operational control of the United States Army, Navy or Air Force commander in charge of the defense of any area within the state which is invaded or attacked or is or may be threatened with invasion or attack.

�� (2) The Governor may order into active service of the state for such period, to such extent and such manner as the Governor may deem necessary units or individuals of the organized militia when in the judgment of the Governor the services of such units or individuals are required for the furtherance of the organization, maintenance, discipline or training of the organized militia or for ceremonial functions of the state government.

�� (3) Whenever any portion of the organized militia is employed pursuant to this section, the Governor, if in the judgment of the Governor the maintenance of law and order will thereby be promoted, may by proclamation declare the county or city in which the troops are serving, or any specified portion thereof, to be under martial law. [1961 c.454 �45]

�� 399.070 [Repealed by 1961 c.454 �213]

�� 399.075 Ordering organized militia into active service of the state; Adjutant General; pay and allowances. (1)(a) The Adjutant General, with the approval of the Governor, may order members of the organized militia into active service of the state.

�� (b) Active service of the state may be for a purpose that includes, but is not limited to, carrying out state or federal drug interdiction and counter-drug law enforcement activities under a drug interdiction and counter-drug activities plan approved by the Governor. When participating in such activities, and to the extent authorized by 32 U.S.C. 112, applicable regulations of the National Guard Bureau and the drug interdiction and counter-drug activities plan approved by the Governor, the Oregon Military Department is designated as a law enforcement agency for the purpose of carrying out federal asset forfeiture laws only.

�� (2) A member serving in active service of the state may not receive less than the pay and allowances of the member�s corresponding grade in the Armed Forces of the United States in accordance with a schedule approved by the Adjutant General for the period of time in active service of the state.

�� (3) When federal funds are authorized to provide for pay and allowances under this section, state funds may not be used to provide for the pay and allowances.

�� (4) Notwithstanding subsection (2) of this section:

�� (a) A medical examiner may be paid for services and necessary disbursements in an amount approved by the Governor.

�� (b) An appointed judge advocate may be paid for legal services and necessary disbursements in any suit, action or proceeding in an amount approved by the Governor.

�� (c) A member may consent to perform active service of the state without pay and allowances, provided that the member may, within the discretion of the Adjutant General, be paid for necessary traveling expenses, subsistence and per diem allowances.

�� (5) A member serving on a court-martial, court of inquiry, efficiency board, medical board or other special duty requiring the member�s absence from the member�s duty station or business may be reimbursed for actual and necessary travel or other expenses incurred within the limits established for state employees by the Oregon Department of Administrative Services under ORS 292.210 to 292.250.

�� (6) All pay and allowances, except per diem, mileage and expenses while traveling under orders, shall be subject to be applied to the payment of:

�� (a) Penalties and fines imposed by a military court.

�� (b) Any shortage of or injury to state or United States property or funds for which a member of the organized militia is responsible or accountable and where such responsibility has been fixed by competent authority.

�� (7)(a) Except as provided in paragraph (b) of this subsection, a member of the organized militia who is ordered to state active duty shall be considered a temporary employee of the military department.

�� (b) A member of the organized militia who is ordered to state active duty is not subject to ORS chapter 240 and ORS 243.650 to 243.809.

�� (8) The limitations on employment imposed by ORS 238.082 (2) and (3) do not apply to a retired member of the Public Employees Retirement System who is ordered into active service of the state. Hours served by a person under this subsection shall not be counted for the purpose of the limitations on employment imposed by ORS 238.082 (2) and (3). [1961 c.454 �69; 1997 c.486 �1; 2003 c.311 �1; 2009 c.390 ��2,9; 2013 c.81 �26; 2023 c.122 �3]

�� 399.080 [Repealed by 1961 c.454 �213]

�� 399.085 Credit for active federal service. For all purposes under this chapter and ORS chapters 396 and 398, members of the organized militia who enter and serve in the active military service of the United States in time of war under a call or order by the President or who enter and serve on active duty in the military service of the United States in time of peace in their status within the National Guard of the United States or Air National Guard of the United States and who thereafter return to the military service of the state, shall be entitled to credit for time so served as if such service had been rendered to the state. [1961 c.454 �47]

�� 399.090 [Repealed by 1961 c.454 �213]

�� 399.095 [1961 c.454 �70; 1983 c.107 �1; 1983 c.740 �125; 1989 c.360 �12; 2005 c.512 �41; repealed by 2013 c.722 �6]

�� 399.100 [Repealed by 1961 c.454 �213]

�� 399.105 Militia unit facilities. Unless furnished by the United States, the state shall provide adequate armory accommodations, bases, camps, target ranges and other facilities and shall maintain such facilities for units of the Oregon National Guard allotted to the state under the laws of the United States, accepted by the Governor and organized under the authority of this chapter and ORS chapters 396 and 398. [1961 c.454 �46]

�� 399.110 [Repealed by 1961 c.454 �213]

�� 399.115 Trespassers and disturbers to be placed in arrest; sales and gambling prohibited. (1) Any person who trespasses upon any armory, arsenal, camp, range, base or other facility of the organized militia or other place where any unit of the organized militia is performing military duty, including training, or who in any way or manner interrupts or molests the discharge of military duties by any member of the organized militia or of the Armed Forces of the United States or who trespasses or prevents the passage of troops of the organized militia or of the Armed Forces of the United States in the performance of their military duties may be placed in arrest by the commanding officer, or the designated representative of the commanding officer, of the unit performing such military duty at the place where the offense is committed and may be held in arrest during the continuance of the performance of such military duty, but not to exceed 12 hours.

�� (2) The commanding officer or the designated representative of the commanding officer, of any unit of the organized militia performing military duty in or at any armory, arsenal, camp, range, base or other facility of the organized militia or other place where such unit is performing military duty may prohibit persons who hawk, peddle, vend or sell goods, wares, merchandise, food products or beverages upon the streets and highways from conducting sales or auctions, and may prohibit all gambling within the limits of such armory, arsenal, camp, range, base or other facility of the organized militia or other place where such unit is performing military duty or within such limits not exceeding one mile therefrom as the commanding officer may prescribe. Such commanding officer may in the discretion of the commanding officer abate as common nuisances all such sales, actions and gambling. [1961 c.454 �74]

�� 399.120 [Repealed by 1961 c.454 �213]

�� 399.125 Repossession of military property by state. (1) When the Governor orders the return to the state of any arms, equipment, military stores or other military property belonging to the state, or for which the state is responsible, such arms and military property shall be delivered immediately to the officer authorized in the order to receive it, who shall give a receipt for the property and describe its condition in the receipt. If the property mentioned in the order is not promptly delivered as directed, the officer named in the order may take immediate possession of the same in the name of the state.

�� (2) No person shall resist any officer in the performance of the duty required by this section. [1961 c.454 �76]

�� 399.130 [Repealed by 1961 c.454 �213]

�� 399.135 Right of way on public streets and highways. The organized militia in the performance of its military duties shall have the right of way over any persons or vehicles on any public street or highway of this state, except United States mail carriers, fire apparatus and other emergency vehicles. Any person who hinders or delays, or obstructs, the organized militia in the performance of its military duties, is guilty of a misdemeanor. [1961 c.454 �72]

�� 399.140 [Repealed by 1961 c.454 �213]

�� 399.145 Free passage through tollgates and tunnels and over toll bridges and ferries. Any person belonging to the organized militia shall, together with the conveyance in the charge of the person and the property of the state or the United States in the charge of the person, be allowed to pass free through all tollgates and tunnels and over all toll bridges and also over all ferries if the person is in uniform or presents an order for duty or certificate of an order for duty. [1961 c.454 �73]

�� 399.150 Oaths and affirmations. Oaths and affirmations required in any matter connected with the military service may be administered by any duly commissioned officer of the organized militia or other officer authorized to administer oaths under the laws of the state, and no charge shall be made nor shall any fee be accepted for such service. [1961 c.454 �51]

�� 399.155 Unlawful wearing of uniform or insignia. No member of the organized militia shall wear, when on or off duty, any uniform or any device, strap, knot or insignia of any design or character used as a designation of grade, rank or office, such as are by law or regulation, duly promulgated, prescribed for the use of the organized militia, without the permission of the commanding officer. [1961 c.454 �75(3)]

RIGHTS AND PRIVILEGES OF MEMBERS

�� 399.205 Complaints of wrongs. Any member of the organized militia who is wronged by the commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the Governor or Adjutant General. [1961 c.454 �200]

�� 399.210 Eligibility to state office of federally paid members of organized militia. Any officer or enlisted person of the militia of this state who receives compensation from the United States as a federally recognized member of the organized militia shall not be ineligible by reason thereof to hold lucrative office or seat in the Legislative Assembly within the meaning of section 10, Article II of the Oregon Constitution. [1961 c.454 �48]

�� 399.215 Exemption from jury duty. Active members of the organized militia shall be exempt from duty to act as a juror. [1961 c.454 �49]

�� 399.220 [1961 c.454 �50; repealed by 1973 c.794 �34]

�� 399.225 Relief from civil or criminal liability; security for costs; exemption from civil process. (1) Members of the organized militia ordered into active service of the state pursuant to this chapter shall not be liable civilly or criminally for any act or acts done by them in the performance of their duty. When an action or proceeding of any nature is commenced in any court by any person against any officer of the militia for any act done by the officer in an official capacity in the discharge of any duty under this chapter and ORS chapters 396 and 398, or an alleged omission by the officer to do an act which it was the duty of the officer to perform, or against any person acting under the authority or order of such officer, or by virtue of any warrant issued by the officer pursuant to law, the defendant may require the person instituting or prosecuting the action or proceeding to file security for the payment of costs that may be awarded to the defendant therein, and the defendant in all cases may make a general denial and give the special matter in evidence. A defendant in whose favor a final judgment is rendered in an action or a final order is made in a special proceeding shall recover the costs of the defendant.

�� (2) No member of the organized militia of the state shall be arrested on any civil process while going to, remaining at, or returning from any place at which the member may be required to attend for military duty. [1961 c.454 �71]

�� 399.230 [1989 c.317 �1; 2003 c.72 �2; 2003 c.311 �2; 2003 c.387 �11; 2005 c.78 �1; 2009 c.12 �1; renumbered 659A.086 in 2009]

�� 399.235 [1989 c.317 �2; 2001 c.621 �79; 2003 c.387 �12; renumbered 659A.088 in 2009]

�� 399.238 Applications for relief of obligations or liabilities or stay of civil or administrative proceedings by state service members. (1) As used in this section, �service member� means:

�� (a) A member of the organized militia who is called into active service of the state.

�� (b) A member of the Oregon National Guard who is called into active service under Title 10 of the United States Code.

�� (c) A member of the Oregon National Guard who is called into active service under Title 32 of the United States Code to perform under an authority other than the Governor.

�� (2) A service member may, while in active service or within one year after that service ends, apply to a court or an administrative body:

�� (a) For relief with respect to any obligation or liability incurred by the member before the period of active service began. The court or administrative body, after appropriate notice and hearing, may grant relief unless the court or administrative body determines that the ability of the member to comply with the terms of the obligation or liability has not been materially affected by active service.

�� (b) For a stay of a civil or administrative proceeding in which the service member is a party. The court or administrative body, after appropriate notice, shall grant the stay unless the court or administrative body determines that the ability of the service member to appear is not materially affected by active service.

�� (3) The court or administrative body may not charge or collect any fee from a service member who applies to the court or administrative body for relief under this section.

�� (4) An application filed under this section may not be deemed as consent to jurisdiction in any action or proceeding.

�� (5) The period of a service member�s active service may not be included in computing any period limited by law, rule or order for bringing any action or proceeding before a court or administrative body for or against the service member or the service member�s heirs, executors, administrators or assigns. [2003 c.387 �9; 2005 c.79 �1; 2007 c.400 �1; 2009 c.345 �3; 2023 c.122 �5]

�� 399.240 Limitation on rate of interest incurred by state service members during period of active service. (1) As used in this section:

�� (a) �Interest� includes service charges, renewal fees or other charges or fees associated with an obligation or liability.

�� (b) �Service member� means:

�� (A) A member of the organized militia who is called into active service of the state for 30 or more consecutive days.

�� (B) A member of the Oregon National Guard who is called into active service under Title 10 of the United States Code.

�� (C) A member of the Oregon National Guard who is called into active service under Title 32 of the United States Code to perform under an authority other than the Governor for 30 or more consecutive days.

�� (2) Notwithstanding ORS 82.010, 83.095, 708A.255, 723.502, 723.730 and 725.340, an obligation or liability bearing interest at a rate in excess of six percent per year incurred by a service member before being called into active service may not, during any part of the period of active service, bear interest in excess of six percent per year except by court order.

�� (3) The service member shall provide written notice to the creditor requesting that the rate of interest be reduced to six percent per year and shall include proof of the official orders showing that the service member is being called into active service.

�� (4) A creditor that receives a request under subsection (3) of this section to reduce a rate of interest may apply to the court for a determination that the ability of a service member to pay interest on an obligation or liability at a rate in excess of six percent per year is not materially affected because of the active service of the member. If a court determines that the ability of a service member to pay interest on an obligation or liability at a rate in excess of six percent per year is not materially affected because of the active service of the member, the court may order an interest rate that is just.

�� (5) A creditor must recompute the payment schedule to amortize the balance of the obligation or liability over the remainder of the obligation or liability at a rate of interest determined under subsection (2) or (4) of this section. [2003 c.387 �4; 2005 c.79 �2; 2009 c.541 �20; 2023 c.122 �6]

�� 399.242 Suspension or termination of certain services by service members; reinstatement; effect. (1) As used in this section, �service member� means:

�� (a) A member of the organized militia who is called into active service of the state for 30 or more consecutive days.

�� (b) A member of the Armed Forces of the United States, as that term is defined in ORS 366.931, who is called into active service under Title 10 of the United States Code.

�� (c) A member of the Oregon National Guard who is called into active service under Title 32 of the United States Code to perform under an authority other than the Governor for 30 or more consecutive days.

�� (2)(a) Except as provided in subsection (6) of this section, a service member who has obtained the following services from a telecommunications service provider, an Internet service provider, a health club as defined in ORS 431A.450, a health spa as defined in ORS 646A.030 or a provider of television services may terminate or suspend the provision of services upon written notice and as provided in paragraph (b) of this subsection:

�� (A) Telecommunications services.

�� (B) Internet services.

�� (C) Health spa services as defined in ORS 646A.030.

�� (D) Exercise or athletic activities offered by a health club.

�� (E) Television services, including but not limited to cable television, direct satellite and other television-like services.

�� (b) The service member must provide proof to the service provider of the official orders showing that the service member has been called into active service:

�� (A) At the time written notice is given; or

�� (B) If precluded by military necessity or circumstances that make the provision of proof at the time of giving written notice unreasonable or impossible, within 90 days after written notice has been given.

�� (3) A termination or suspension of services under this section is effective on the day written notice is given under subsection (2) of this section.

�� (4)(a) A service member who terminates or suspends the provision of services under this section and who is no longer in active service may reinstate the provision of services on the same terms and conditions as originally agreed to with the service provider before the termination or suspension upon written notice to the provider that the service member is no longer in active service. Written notice under this subsection must be given within 90 days after termination of the service member�s active service.

�� (b) Upon receipt of the written notice of reinstatement, the service provider shall resume the provision of services or, if the services are no longer available, provide substantially similar services within a reasonable time not to exceed 30 days from the date of receipt of the written notice of reinstatement.

�� (5) A service member who terminates, suspends or reinstates the provision of services under this section:

�� (a) May not be charged a penalty, fee, loss of deposit or any other additional cost because of the termination, suspension or reinstatement; and

�� (b) Is not liable for payment for any services after the effective date of the termination or suspension, or until the effective date of a reinstatement of services as described in subsection (4) of this section.

�� (6) A service member may terminate a contract for any service provided by a commercial mobile radio services provider in accordance with 50 U.S.C. 535a. [2013 c.423 �2; 2019 c.384 �14; 2023 c.122 �7]

�� 399.245 Definitions for ORS 399.245 to 399.265. As used in ORS 399.245 to 399.265:

�� (1) �Qualified applicant� means an Oregon resident who:

�� (a) Is a member of the Oregon National Guard;

�� (b) Maintains minimum academic standards at the qualified institution of higher education;

�� (c) Meets participation standards in the Oregon National Guard as prescribed by the Oregon Military Department;

�� (d) Is a full-time student; and

�� (e) Serves one year in the Oregon National Guard for each year a scholarship is granted.

�� (2) �Qualified institution of higher education� means any two-year or four-year, nonprofit, generally accredited institution of higher education located in this state, including community colleges and accredited schools of nursing located in this state.

�� (3) �Scholarship� means a scholarship equal in value to $800 to be used to pay the educational expenses of the applicant at a qualified institution of higher education during the period for which the scholarship is granted, of which no more than 100 scholarships shall be awarded annually. [1989 c.717 �1; 1999 c.704 �21; 2011 c.637 �263]

�� Note: 399.245 to 399.265 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 399 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 399.255 Scholarship program; award; duration; ineligible courses of study. (1) Subject to the availability of funds, the Oregon Military Department shall contract with the Higher Education Coordinating Commission to disburse to qualified applicants, awards made to the applicants on behalf of the Oregon National Guard Scholarship Program as determined by the Oregon Military Department.

�� (2) If the qualified applicant who receives a scholarship under ORS 399.245 to 399.265 meets the standards of the Oregon Military Department for renewal of the scholarship, the scholarship may be renewed upon application until the applicant has received a scholarship for a total of four undergraduate years.

�� (3) A qualified applicant who receives a scholarship under ORS 399.245 to 399.265 must attend the qualified institution of higher education upon which the scholarship application was based unless the commission authorizes the scholarship to be used at a different institution.

�� (4) No scholarship shall be made to any student enrolled in a course of study required for or leading to a degree in theology, divinity or religious education. [1989 c.717 �2; 2011 c.637 �264; 2013 c.747 �155]

�� Note: See note under 399.245.

�� 399.265 Award prior to completion of service requirement; repayment required after insufficient service. A qualified applicant may be awarded a scholarship under ORS 399.245 to 399.265 before completing the national guard service requirement. However, if an applicant fails to fulfill the service requirement, the applicant shall pay to the Higher Education Coordinating Commission the amount of the scholarship received plus interest for each year for which a scholarship was awarded but for which the service requirement was not met. [1989 c.717 �3; 2011 c.637 �265; 2013 c.747 �156]

�� Note: See note under 399.245.

�� 399.270 [1997 c.67 �2; repealed by 2001 c.139 �3]

�� 399.275 Tuition waiver program; amount of waiver; qualifications; priority. (1) As used in this section and ORS 399.280:

�� (a) �Eligible post-secondary institution� has the meaning given that term in ORS 348.180.

�� (b) �Surviving family member� means a spouse or dependent of a member of the Oregon National Guard who is killed while in active service.

�� (2) Subject to the availability of funds, the Oregon Military Department may contract with the Higher Education Coordinating Commission to:

�� (a) Disburse to eligible post-secondary institutions the dollar amount of tuition waivers authorized by this section and approved for payment by the department; and

�� (b) Provide to the department a compilation of the total dollar amount of the tuition waivers approved for each academic term included in the contract.

�� (3) The department shall regularly provide to the commission the names of members of the Oregon National Guard and surviving family members for whom tuition waivers may be approved.

�� (4) Any member of the Oregon National Guard or surviving family member who registers for classes at an eligible post-secondary institution may receive a tuition waiver of up to 100 percent of the resident tuition charges imposed by that institution, except that in the case of a not-for-profit independent institution, the tuition waiver may not exceed 100 percent of the resident tuition at Oregon State University.

�� (5)(a) A member of the Oregon National Guard may receive the tuition waiver authorized by this section at any time if the member maintains satisfactory performance with the Oregon National Guard and pursues a course of study in the eligible post-secondary institution in a manner that satisfies the usual requirements of the institution.

�� (b) A surviving family member may receive the tuition waiver authorized by this section if the surviving family member pursues a course of study in the eligible post-secondary institution in a manner that satisfies the usual requirements of the institution.

�� (c) The member of the Oregon National Guard or surviving family member is responsible for payment of the balance of the tuition charges not provided for by the tuition waiver program.

�� (6) When determining to whom the tuition waivers shall be granted, priority shall be given to those members of the Oregon National Guard who have previously received tuition waivers while serving in the Oregon National Guard and surviving family members who have previously received tuition waivers.

�� (7) The department shall apply qualifications and limitations to the tuition waiver program that are consistent with efficient and effective program management as determined by the Adjutant General. [1995 c.158 �1; 1997 c.67 �3; 2001 c.139 �1; 2005 c.200 �1; 2011 c.637 �266; 2013 c.747 �157; 2023 c.122 �8]

�� 399.280 Eligibility; required period of military service; repayment required after withdrawal from courses or insufficient service. (1) The tuition waiver program described in this section and ORS 399.275 is not available to any member of the Oregon National Guard or surviving family member who has a baccalaureate degree.

�� (2) A member of the Oregon National Guard or surviving family member may obtain only one undergraduate degree under the tuition waiver program established by this section and ORS 399.275. Only courses that meet degree requirements shall be approved for tuition waivers. A member of the Oregon National Guard or surviving family member may not receive a tuition waiver for any noncredit course.

�� (3) If a member of the Oregon National Guard or surviving family member voluntarily withdraws from a course for which the member is receiving a tuition waiver, the member is liable for all costs relating to withdrawal, including but not limited to all the costs billed by the eligible post-secondary institution to the Oregon Military Department.

�� (4) A member of the Oregon National Guard with no prior military service must complete basic military training, military occupational specialty training or skill-level training prior to being eligible for tuition waivers under this section and ORS

ORS 40.060

40.060 to 40.085 govern judicial notice of adjudicative facts. ORS 40.090 governs judicial notice of law. [1981 c.892 �7]

�� 40.065 Rule 201(b). Kinds of facts. A judicially noticed fact must be one not subject to reasonable dispute in that it is either:

�� (1) Generally known within the territorial jurisdiction of the trial court; or

�� (2) Capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. [1981 c.892 �8]

�� 40.070 Rules 201(c) and 201(d). When mandatory or discretionary. (1) A court may take judicial notice, whether requested or not.

�� (2) A court shall take judicial notice if requested by a party and supplied with the necessary information. [1981 c.892 �9]

�� 40.075 Rule 201(e). Opportunity to be heard. A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been taken. [1981 c.892 �10]

�� 40.080 Rule 201(f). Time of taking notice. Judicial notice may be taken at any stage of the proceeding. [1981 c.892 �11]

�� 40.085 Rule 201(g). Instructing the jury. (1) In a civil action or proceeding, the court shall instruct the jury to accept as conclusive any fact or law judicially noticed.

�� (2) In a criminal case, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed in favor of the prosecution. [1981 c.892 �12]

�� 40.090 Rule 202. Law that is judicially noticed. Law judicially noticed is defined as:

�� (1) The decisional, constitutional and public statutory law of Oregon, the United States, any federally recognized American Indian tribal government and any state, territory or other jurisdiction of the United States.

�� (2) Public and private official acts of the legislative, executive and judicial departments of this state, the United States, any federally recognized American Indian tribal government and any other state, territory or other jurisdiction of the United States.

�� (3) Rules of professional conduct for licensees of the Oregon State Bar.

�� (4) Regulations, ordinances and similar legislative enactments issued by or under the authority of the United States, any federally recognized American Indian tribal government or any state, territory or possession of the United States.

�� (5) Rules of court of any court of this state or any court of record of the United States, of any federally recognized American Indian tribal government or of any state, territory or other jurisdiction of the United States.

�� (6) The law of an organization of nations and of foreign nations and public entities in foreign nations.

�� (7) An ordinance, comprehensive plan or enactment of any county or incorporated city in this state, or a right derived therefrom. As used in this subsection, �comprehensive plan� has the meaning given that term by ORS 197.015. [1981 c.892 �13; 2007 c.63 �1; 2025 c.32 �70]

BURDEN OF PERSUASION; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS

�� 40.105 Rule 305. Allocation of the burden of persuasion. A party has the burden of persuasion as to each fact the existence or nonexistence of which the law declares essential to the claim for relief or defense the party is asserting. [1981 c.892 �14]

�� 40.110 Rule 306. Instructions on the burden of persuasion. The court shall instruct the jury as to which party bears the applicable burden of persuasion on each issue only after all of the evidence in the case has been received. [1981 c.892 �15]

�� 40.115 Rule 307. Allocation of the burden of producing evidence. (1) The burden of producing evidence as to a particular issue is on the party against whom a finding on the issue would be required in the absence of further evidence.

�� (2) The burden of producing evidence as to a particular issue is initially on the party with the burden of persuasion as to that issue. [1981 c.892 �16]

�� 40.120 Rule 308. Presumptions in civil proceedings. In civil actions and proceedings, a presumption imposes on the party against whom it is directed the burden of proving that the nonexistence of the presumed fact is more probable than its existence. [1981 c.892 �17]

�� 40.125 Rule 309. Presumptions in criminal proceedings. (1) The judge is not authorized to direct the jury to find a presumed fact against the accused.

�� (2) When the presumed fact establishes guilt or is an element of the offense or negates a defense, the judge may submit the question of guilt or the existence of the presumed fact to the jury only if:

�� (a) A reasonable juror on the evidence as a whole could find that the facts giving rise to the presumed fact have been established beyond a reasonable doubt; and

�� (b) The presumed fact follows more likely than not from the facts giving rise to the presumed fact. [1981 c.892 �18]

�� 40.130 Rule 310. Conflicting presumptions. If presumptions are conflicting, the presumption applies that is founded upon weightier considerations of policy and logic. If considerations of policy and logic are of equal weight, neither presumption applies. [1981 c.892 �19]

�� 40.135 Rule 311. Presumptions. (1) The following are presumptions:

�� (a) A person intends the ordinary consequences of a voluntary act.

�� (b) A person takes ordinary care of the person�s own concerns.

�� (c) Evidence willfully suppressed would be adverse to the party suppressing it.

�� (d) Money paid by one to another was due to the latter.

�� (e) A thing delivered by one to another belonged to the latter.

�� (f) An obligation delivered to the debtor has been paid.

�� (g) A person is the owner of property from exercising acts of ownership over it or from common reputation of the ownership of the person.

�� (h) A person in possession of an order on that person, for the payment of money or the delivery of a thing, has paid the money or delivered the thing accordingly.

�� (i) A person acting in a public office was regularly appointed to it.

�� (j) Official duty has been regularly performed.

�� (k) A court, or judge acting as such, whether in this state or any other state or country, was acting in the lawful exercise of the jurisdiction of the court.

�� (L) Private transactions have been fair and regular.

�� (m) The ordinary course of business has been followed.

�� (n) A promissory note or bill of exchange was given or indorsed for a sufficient consideration.

�� (o) An indorsement of a negotiable promissory note, or bill of exchange, was made at the time and place of making the note or bill.

�� (p) A writing is truly dated.

�� (q) A letter duly directed and mailed was received in the regular course of the mail.

�� (r) A person is the same person if the name is identical.

�� (s) A person not heard from in seven years is dead.

�� (t) Persons acting as copartners have entered into a contract of copartnership.

�� (u) Two individuals deporting themselves as legally married to each other have entered into a lawful contract of marriage.

�� (v) A child born in lawful wedlock is legitimate.

�� (w) A thing once proved to exist continues as long as is usual with things of that nature.

�� (x) The law has been obeyed.

�� (y) An uninterrupted adverse possession of real property for 20 years or more has been held pursuant to a written conveyance.

�� (z) A trustee or other person whose duty it was to convey real property to a particular person has actually conveyed it to the person, when such presumption is necessary to perfect the title of the person or the person�s successor in interest.

�� (2) A statute providing that a fact or a group of facts is prima facie evidence of another fact establishes a presumption within the meaning of this section. [1981 c.892 �20; 2016 c.46 �2]

RELEVANCY

�� 40.150 Rule 401. Definition of �relevant evidence.� �Relevant evidence� means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. [1981 c.892 �21]

�� 40.155 Rule 402. Relevant evidence generally admissible. All relevant evidence is admissible, except as otherwise provided by the Oregon Evidence Code, by the Constitutions of the United States and Oregon, or by Oregon statutory and decisional law. Evidence which is not relevant is not admissible. [1981 c.892 �22]

�� 40.160 Rule 403. Exclusion of relevant evidence on grounds of prejudice, confusion or undue delay. Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay or needless presentation of cumulative evidence. [1981 c.892 �23]

�� 40.170 Rule 404. Character evidence; evidence of other crimes, wrongs or acts. (1) Evidence of a person�s character or trait of character is admissible when it is an essential element of a charge, claim or defense.

�� (2) Evidence of a person�s character is not admissible for the purpose of proving that the person acted in conformity therewith on a particular occasion, except:

�� (a) Evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the same;

�� (b) Evidence of a pertinent trait of character of the victim of the crime offered by an accused, or by the prosecution to rebut the same or evidence of a character trait of peacefulness of the victim offered by the prosecution to rebut evidence that the victim was the first aggressor;

�� (c) Evidence of the character of a witness, as provided in ORS 40.345 to 40.355; or

�� (d) Evidence of the character of a party for violent behavior offered in a civil assault and battery case when self-defense is pleaded and there is evidence to support such defense.

�� (3) Evidence of other crimes, wrongs or acts is not admissible to prove the character of a person in order to show that the person acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.

�� (4) In criminal actions, evidence of other crimes, wrongs or acts by the defendant is admissible if relevant except as otherwise provided by:

�� (a) ORS 40.180,

ORS 40.105

40.105 and 40.115. [1981 c.892 �2; 1983 c.784 �1; 1985 c.16 �444; 1987 c.441 �10; 1993 c.18 �13; 1993 c.33 �289; 1995 c.531 �1; 1995 c.650 �22; 1995 c.657 �22; 1995 c.658 �35; 1999 c.1055 �11; 2005 c.345 �2; 2005 c.463 �8; 2005 c.463 �13; 2005 c.843 �25; 2007 c.16 �2; 2009 c.178 �23; 2013 c.649 ��32,37; 2025 c.557 �43]

�� 40.020 Rule 102. Purpose and construction. The Oregon Evidence Code shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined. [1981 c.892 �3]

�� 40.025 Rule 103. Rulings on evidence. (1) Evidential error is not presumed to be prejudicial. Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and:

�� (a) In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was not apparent from the context; or

�� (b) In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked.

�� (2) The court may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made and the ruling thereon. It may direct the making of an offer in question and answer form.

�� (3) In jury cases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means, such as making statements or offers of proof or asking questions in the hearing of the jury.

�� (4) Nothing in this rule precludes taking notice of plain errors affecting substantial rights although they were not brought to the attention of the court. [1981 c.892 �4]

�� 40.030 Rule 104. Preliminary questions. (1) Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege or the admissibility of evidence shall be determined by the court, subject to the provisions of subsection (2) of this section. In making its determination the court is not bound by the rules of evidence except those with respect to privileges.

�� (2) When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.

�� (3) Hearings on the admissibility of confessions shall in all cases be conducted out of the hearing of the jury. Hearings on other preliminary matters shall be so conducted when the interests of justice require or, when an accused is a witness, if the accused so requests.

�� (4) The accused does not, by testifying upon a preliminary matter, become subject to cross-examination as to other issues in the case.

�� (5) This section does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility. [1981 c.892 �5]

�� 40.035 Rule 105. Limited admissibility. When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly. [1981 c.892 �6]

�� 40.040 Rule 106. When part of transaction proved, whole admissible. When part of an act, declaration, conversation or writing is given in evidence by one party, the whole on the same subject, where otherwise admissible, may at that time be inquired into by the other; when a letter is read, the answer may at that time be given; and when a detached act, declaration, conversation or writing is given in evidence, any other act, declaration, conversation or writing which is necessary to make it understood may at that time also be given in evidence. [1981 c.892 �6a]

JUDICIAL NOTICE

�� 40.060 Rule 201(a). Scope. ORS

ORS 40.170

40.170 (1), proof may also be made of specific instances of the conduct of the person.

�� (b) When evidence is admissible under ORS 40.170 (3) or (4), proof may be made of specific instances of the conduct of the person. [1981 c.892 �25; 1997 c.313 �34]

�� 40.180 Rule 406. Habit; routine practice. (1) Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.

�� (2) As used in this section, �habit� means a person�s regular practice of meeting a particular kind of situation with a specific, distinctive type of conduct. [1981 c.892 �21]

�� 40.185 Rule 407. Subsequent remedial measures. When, after an event, measures are taken which, if taken previously, would have made the event less likely to occur, evidence of the subsequent measures is not admissible to prove negligence or culpable conduct in connection with the event. This section does not require the exclusion of evidence of subsequent measures when offered for another purpose, such as proving ownership, control, or feasibility of precautionary measures, if controverted, or impeachment. [1981 c.892 �27]

�� 40.190 Rule 408. Compromise and offers to compromise. (1)(a) Evidence of furnishing or offering or promising to furnish, or accepting or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount, is not admissible to prove liability for or invalidity of the claim or its amount.

�� (b) Evidence of conduct or statements made in compromise negotiations is likewise not admissible.

�� (2)(a) Subsection (1) of this section does not require the exclusion of any evidence otherwise discoverable merely because it is presented in the course of compromise negotiations.

�� (b) Subsection (1) of this section also does not require exclusion when the evidence is offered for another purpose, such as proving bias or prejudice of a witness, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution. [1981 c.892 �28]

�� 40.195 Rule 409. Payment of medical and similar expenses. Evidence of furnishing or offering or promising to pay medical, hospital or similar expenses occasioned by an injury is not admissible to prove liability for the injury. Evidence of payment for damages arising from injury or destruction of property is not admissible to prove liability for the injury or destruction. [1981 c.892 �29]

�� 40.200 Rule 410. Withdrawn plea or statement not admissible. (1) A plea of guilty or no contest which is not accepted or has been withdrawn shall not be received against the defendant in any criminal proceeding.

�� (2) No statement or admission made by a defendant or a defendant�s attorney during any proceeding relating to a plea of guilty or no contest which is not accepted or has been withdrawn shall be received against the defendant in any criminal proceeding. [1981 c.892 �29a]

�� 40.205 Rule 411. Liability insurance. (1) Except where lack of liability insurance is an element of an offense, evidence that a person was or was not insured against liability is not admissible upon the issue whether the person acted negligently or otherwise wrongfully.

�� (2) Subsection (1) of this section does not require the exclusion of evidence of insurance against liability when offered for another purpose, such as proving agency, ownership or control, or bias, prejudice or motive of a witness. [1981 c.892 �30]

�� 40.210 Rule 412. Sex offense cases; relevance of victim�s past behavior or manner of dress. (1) Notwithstanding any other provision of law, in a prosecution for a crime described in ORS 163.266 (1),

ORS 40.185

40.185, 40.190, 40.195, 40.200, 40.205, 40.210 and, to the extent required by the United States Constitution or the Oregon Constitution, ORS 40.160;

�� (b) The rules of evidence relating to privilege and hearsay;

�� (c) The Oregon Constitution; and

�� (d) The United States Constitution. [1981 c.892 �24; 1997 c.313 �29]

�� 40.172 Rule 404-1. Pattern, practice or history of abuse; expert testimony. (1) In any proceeding, any party may introduce evidence establishing a pattern, practice or history of abuse of a person and may introduce expert testimony to assist the fact finder in understanding the significance of such evidence if the evidence:

�� (a) Is relevant to any material issue in the proceeding; and

�� (b) Is not inadmissible under any other provision of law including, but not limited to, rules regarding relevance, privilege, hearsay, competency and authentication.

�� (2) This section may not be construed to limit any evidence that would otherwise be admissible under the Oregon Evidence Code or any other provision of law.

�� (3) As used in this section, �abuse� has the meaning given that term in ORS 107.705. [1997 c.397 �2]

�� Note: 40.172 was added to and made a part of 40.010 to 40.585 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 40.175 Rule 405. Methods of proving character. (1) In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross-examination, inquiry is allowable into relevant specific instances of conduct.

�� (2)(a) In cases in which character or a trait of character of a person is admissible under ORS

ORS 40.510

40.510, or testimony, that diligent search failed to disclose the record, report, statement or data compilation, or entry.

�� (11) Statements of births, marriages, divorces, deaths, legitimacy, ancestry, relationship by blood or marriage, or other similar facts of personal or family history, contained in a regularly kept record of a religious organization.

�� (12) A statement of fact contained in a certificate that the maker performed a marriage or other ceremony or administered a sacrament, made by a member of the clergy, a public official, an official of a federally recognized American Indian tribal government or any other person authorized by the rules or practices of a religious organization or by law to perform the act certified, and purporting to have been issued at the time of the act or within a reasonable time thereafter.

�� (13) Statements of facts concerning personal or family history contained in family bibles, genealogies, charts, engravings on rings, inscriptions on family portraits, engravings on urns, crypts, or tombstones, or the like.

�� (14) The record of a document purporting to establish or affect an interest in property, as proof of content of the original recorded document and its execution and delivery by each person by whom it purports to have been executed, if the record is a record of a public office, including a federally recognized American Indian tribal government, and an applicable statute authorizes the recording of documents of that kind in that office.

�� (15) A statement contained in a document purporting to establish or affect an interest in property if the matter stated was relevant to the purpose of the document, unless dealings with the property since the document was made have been inconsistent with the truth of the statement or the purport of the document.

�� (16) Statements in a document in existence 20 years or more the authenticity of which is established.

�� (17) Market quotations, tabulations, lists, directories, or other published compilations, generally used and relied upon by the public or by persons in particular occupations.

�� (18) (Reserved.)

�� (18a)(a) A complaint of sexual misconduct, complaint of abuse as defined in ORS 107.705 or

ORS 409.260

409.260.

�� (2) All moneys credited to the Sexual Assault Victims Fund are continuously appropriated for the purposes of ORS 409.273 to be expended by the Director of Human Services as provided in ORS 409.273. However, the director shall expend not more than five percent of such moneys for administrative costs of the Department of Human Services incurred under ORS 409.273. [1999 c.943 �7]

DOMESTIC VIOLENCE PREVENTION AND TREATMENT PROGRAMS

�� 409.290 Definitions for ORS 409.290 to 409.300. As used in ORS 409.290 to 409.300 unless the context requires otherwise:

�� (2) �Director� means the Director of Human Services.

�� (3) �Domestic violence� means abuse as defined in ORS 107.705 between family and household members, as those terms are defined in ORS 107.705.

�� (4) �Family violence� means the physical injury, sexual abuse or forced imprisonment, or threat thereof, of a person by another who is related by blood, marriage or intimate cohabitation at the present or has been related at some time in the past, to the extent that the person�s health or welfare is harmed or threatened thereby, as determined in accordance with rules prescribed by the director.

�� (5) �Safe house� means a place of temporary refuge, offered on an �as needed� basis to victims of family violence and their families.

�� (6) �Shelter home� means a place of temporary refuge, offered on a 24-hour, seven-day per week basis to victims of family violence and their children.

�� (7) �Teen dating violence� means:

�� (a) A pattern of behavior in which a person uses or threatens to use physical, mental or emotional abuse to control another person who is in a dating relationship with the person, where one or both persons are 13 to 19 years of age; or

�� (b) Behavior by which a person uses or threatens to use sexual violence against another person who is in a dating relationship with the person, where one or both persons are 13 to 19 years of age. [Formerly 108.610; 2012 c.69 �4; 2015 c.400 �3]

�� 409.292 Funding of programs relating to family, domestic and teen dating violence; rules. (1) The Director of Human Services may make grants to and enter into contracts with nonprofit private organizations or public agencies for programs and projects designed to prevent, identify and treat family, domestic and teen dating violence. Grants or contracts under this subsection may be:

�� (a) For the funding of shelter homes for spouses and children who are or have experienced family violence or domestic violence including acquisition and maintenance of shelter homes;

�� (b) For the funding of crisis lines providing services to victims of family, domestic or teen dating violence and their families;

�� (c) For the funding of safe houses for victims of family or domestic violence and their families;

�� (d) For the funding of services, programs and curricula to educate and inform students in grades 7 through 12 about teen dating and domestic violence, to provide assistance to victims of teen dating and domestic violence and to prevent and reduce the incidence of teen dating and domestic violence; and

�� (e) For the development and establishment of programs for professional and paraprofessional personnel in the fields of social work, law enforcement, education, law, medicine and other relevant fields who are engaged in the field of the prevention, identification and treatment of family, domestic and teen dating violence and training programs in methods of preventing family, domestic and teen dating violence.

�� (2) The director shall not make a grant to any organization or agency under this section except on the condition that a local governmental unit or community organization provide matching moneys equal to 25 percent of the amount of the grant. The applying organization itself may contribute to or provide the required local matching funds. The value of in kind contributions and volunteer labor from the community may be computed and included as a part of the local matching requirement imposed by this subsection.

�� (3) Notwithstanding the provisions of ORS 192.001 to 192.170, 192.210 to 192.478 and 192.610 to 192.810:

�� (a) The director may by rule provide that the locations of premises utilized for shelter homes or other physical facilities in family and domestic violence programs and projects shall be kept confidential.

�� (b) All information maintained by the shelter home, safe house or crisis line relating to clients is confidential. However, crisis lines specifically funded to provide services for victims of child abuse are subject to the requirements of ORS 419B.005 to 419B.050. Except for the names of clients, necessary information may be disclosed to the director. [Formerly 108.620; 2012 c.69 �5; 2015 c.400 �4]

�� 409.294 Standards for shelter homes and safe houses. The Director of Human Services shall establish minimum standards to insure that shelter homes and safe houses receiving grants under ORS 409.292 provide services meeting basic survival needs, including, but not limited to, food, clothing, housing, safety, security, client advocacy and counseling. [Formerly 108.630]

�� 409.296 Application for grants; notification of final action on application. (1) A public agency or nonprofit private organization operating a shelter home or safe house may apply to the Director of Human Services for a grant under ORS 409.292. The agency or organization must submit to the director, at the time of application:

�� (a) A statement of services provided;

�� (b) Proof of maintenance of accurate and complete financial records;

�� (c) Assurance of compliance with local building, fire and health codes for existing structures;

�� (d) Clearly defined written intake and referral policies and procedures; and

�� (e) If operated by a private organization, a list of members of the governing board.

�� (3) The director shall consider the geographic area of the state from which an application is submitted to the end that all areas of the state develop programs to deal with domestic violence. [Formerly 108.640]

�� 409.298 Services provided by shelter homes, safe houses and crisis lines. Services provided by shelter homes, safe houses and crisis lines receiving grants or other financial assistance under ORS 409.292 shall be made accessible and available to all persons who reside in the area served who may need the services. If a shelter home, safe house or crisis line receiving funds pursuant to ORS 409.292 to

ORS 415.430

415.430, including present and former receivers.

�� (b) All employees of the receiver described in paragraph (a) of this subsection. For purposes of this section, such employees include all present and former special deputies and assistant special deputies appointed by the Oregon Health Authority and all persons whom the authority, special deputies or assistant special deputies have employed to assist in a delinquency proceeding. Unless designated as special deputies, attorneys, accountants, auditors and other professional persons or firms who are retained by the receiver as independent contractors and their employees are not entitled to protection under this section.

�� (2) The receiver and employees of the receiver shall have official immunity and shall be immune from civil action and liability, both personally and in their official capacities, for any tort claim or demand, whether groundless or otherwise, arising out of any alleged act, error or omission of the receiver or any employee occurring in the performance of duties. For purposes of this section, �tort� has the meaning given that term in ORS 30.260.

�� (3) The receiver and employees of the receiver shall be indemnified from the assets of the coordinated care organization against any tort claim arising out of any alleged act, error or omission of the receiver or any employee occurring in the performance of duties, whether personally or in the official capacity of the receiver or employee. Any indemnification made under this subsection is an administrative expense of the coordinated care organization.

�� (4) The provisions of subsections (2) and (3) of this section do not apply in case of malfeasance in office or willful or wanton neglect of duty.

�� (5) In any legal action in which the receiver is a defendant, the portion of any settlement relating to the alleged act, error or omission of the receiver is subject to the approval of the court before which the delinquency proceeding is pending. The court may not approve the portion of the settlement if it determines:

�� (a) That the claim did not occur in the performance of the receiver�s duties; or

�� (b) That the claim was caused by malfeasance in office or willful or wanton neglect of duty by the receiver.

�� (6) This section may not be construed or applied to deprive the receiver or any employee of any immunity, indemnity, benefits of law, rights or any defense otherwise available. [2019 c.478 �36]

�� 415.350 Right to assets of CCO fixed as of date of order to liquidate. The rights and liabilities of the coordinated care organization, its creditors and all other persons interested in its assets shall, unless otherwise directed by the court, be fixed as of the date on which an order directing the liquidation of the coordinated care organization is filed in the office of the clerk of the court that made the order, subject to the provisions of ORS 415.404 with respect to the rights of claimants holding contingent claims. [2019 c.478 �50]

(Claims Against Insolvent Coordinated Care Organization)

�� 415.400 Filing proof of claim against CCO declared by court to be insolvent. (1) A court may make an order declaring a coordinated care organization insolvent at the time it grants an order of liquidation or at any time during the liquidation proceedings. When the order is issued, the Oregon Health Authority shall provide notice, in the manner determined by the court, to all persons who may have claims against the coordinated care organization and who have not filed proper proofs of their claims. The notice must instruct the persons to present their claims to the authority, at a specified place, within four months from the date of the entry of the insolvency order or within a longer time as the court prescribes. The notice must specify the last day that persons may file proofs of claims.

�� (2) A claimant filing a proof of claim after the last day specified for filing a claim may share in the distribution of the assets after all allowed claims for which proofs were timely filed are paid in full. [2019 c.478 �31]

�� 415.401 Requirements for proof of claim. (1) All claims against a coordinated care organization against which delinquency proceedings have been begun shall:

�� (a) Set forth in reasonable detail:

�� (A) The amount of the claim or the basis upon which the amount can be ascertained;

�� (B) The facts upon which the claim is based; and

�� (C) The priorities asserted, if any;

�� (b) Be verified by the affidavit of the claimant or someone authorized to act on behalf of the claimant and having knowledge of the facts; and

�� (c) Be supported by documentation.

�� (2) All claims shall be filed with the receiver on or before the last date for filing as specified in ORS 415.400.

�� (3) After the expiration of any period for filing of claims, the receiver shall report the claims timely filed to the court, with recommendations for the actions to be taken by the court. Upon receipt of the report, the court shall fix a time for hearing the claims and shall direct the claimants or the receiver, as specified by the court, to give notice to interested persons, in the manner determined by the court, of the time and place of the hearing, the amount and nature of the claim, the priorities asserted, if any, and the recommendation of the receiver with respect to the claim.

�� (4) All interested persons shall be entitled to appear at the hearing, and the court shall enter an order allowing, allowing in part or disallowing the claim. The order is an appealable order. [2019 c.478 �38]

�� 415.402 Preference of claims. Except as provided in ORS 415.406 for secured claims, the claims to be paid in full in delinquency proceedings against a coordinated care organization prior to the payment of any other claims, and the order of payment, shall be:

�� (1) The expenses of administering the delinquency proceedings;

�� (2) Claims that are legally due and owing by the coordinated care organization to the United States;

�� (3) Compensation or wages owed to employees other than officers of the coordinated care organization, for services rendered within three months prior to the commencement of the delinquency proceeding, but not exceeding $5,000 for each employee;

�� (4) Claims legally due and owed by the coordinated care organization to the state; and

�� (5) Claims, including special deposit claims, owed to any person that by the laws of the state is entitled to priority. [2019 c.478 �42]

�� 415.403 Priority of preferred claims. All claims that are preferred under the laws of the state, whether owing to residents or nonresidents, shall be given equal priority of payment from the general assets of a coordinated care organization in a delinquency proceeding against the coordinated care organization regardless of where the assets are located. [2019 c.478 �39]

�� 415.404 Contingent claims. (1) A contingent claim against a coordinated care organization shall be filed, presented and reported in the same manner and within the same time limitations as provided in ORS 415.400 for a noncontingent claim. Contingent claims shall be allowed to share in a distribution of assets in the same manner as noncontingent claims of the same class and priority, provided that the contingent claim becomes an absolute claim either as a result of proof presented or litigation.

�� (2) Nothing in subsection (1) of this section prevents or bars the Oregon Health Authority from compromising a disputed claim with a claimant, whether contingent or noncontingent, if the compromise is justified and supported by the facts and circumstances.

�� (3) If full or partial distribution to noncontingent claimants is authorized or directed by the court prior to satisfaction of the requirements of subsection (1) of this section, the authority shall retain a sum equal to the amount that would have been paid on the contingent claims if the requirements in subsection (1) of this section had been met. The amount withheld shall be distributed to the person or persons found by the court to be entitled to a distribution when:

�� (a) The contingent claims are fully established as provided in subsection (1) of this section; or

�� (b) The authority is satisfied that the contingent claims are without merit or cannot be proved or established, or the statute of limitations would bar further consideration or recovery on the claim.

�� (4)(a) A judgment entered after the commencement of a delinquency proceeding is conclusive evidence in the liquidation proceeding, either of liability or of the amount of damages.

�� (b) A judgment entered after the date of entry of a liquidation order may not be considered in the liquidation proceedings as evidence of liability or of the amount of damages. [2019 c.478 �44]

�� 415.405 Priority of special deposit claims. The owners of special deposit claims against a coordinated care organization for which a receiver is appointed shall be given priority against their several special deposits in accordance with the provisions of the statutes governing the creation and maintenance of the deposits. If there is a deficiency in any deposit so that claims secured by the deposit are not fully discharged, the claimants may share in the general assets of the coordinated care organization after:

�� (1) The payment of claims of general creditors; and

�� (2) Claimants against other special deposits, who have received smaller percentages from their respective special deposits, have been paid percentages of their claims equal to the percentage paid from the special deposit. [2019 c.478 �46]

�� 415.406 Priority of secured claims. The owner of a secured claim against a coordinated care organization for which a receiver has been appointed may surrender the security and file a claim as a general creditor, or the claim may be discharged by resort to the security, in which case the deficiency, if any, shall be treated as a claim against the general assets of the coordinated care organization on the same basis as claims of unsecured creditors. [2019 c.478 �47]

�� 415.420 Attachment or garnishment prohibited during delinquency proceeding. During the pendency of a delinquency proceeding against a coordinated care organization, an action or proceeding to obtain an attachment, garnishment or execution may not be commenced or maintained in the courts of this state against the delinquent coordinated care organization or its assets. An attachment, garnishment or execution obtained prior to the commencement of a delinquency proceeding or at any time thereafter shall be void as against any rights arising in the delinquency proceeding unless the attachment, garnishment or execution obtained by the action or proceeding was obtained more than four months prior to the commencement of the delinquency proceeding. [2019 c.478 �40]

�� 415.422 Voidable transfers or liens. (1) A transfer of or lien upon the property of a coordinated care organization, other than as provided in ORS 415.420, is voidable if the transfer or lien is:

�� (a) Made or created within four months prior to the commencement of a delinquency proceeding;

�� (b) Made with the intent of giving to a transferee or lienor or enabling the transferee or lienor to obtain a greater percentage of the debt than any other creditor of the same class; and

�� (c) Accepted by a transferee or lienor who has reasonable cause to believe that the transferee or lienor will obtain a greater percentage of the debt than any other creditor of the same class.

�� (2) Every director, officer, employee or other person acting on behalf of a coordinated care organization who participates in a transfer or lien described in subsection (1) of this section, and every person receiving any property of the coordinated care organization or the benefit of the transfer or lien, shall be personally liable as described in subsection (3) of this section.

�� (3) The Oregon Health Authority, as a receiver in a delinquency proceeding, may avoid any transfer of, or lien upon, the property of a coordinated care organization described in subsection (1) of this section and may recover the property or value of the property transferred or attached unless the person in possession of the property or the lien was a bona fide holder for value prior to the commencement of the delinquency proceeding. [2019 c.478 �41]

�� 415.424 Offsets of mutual debts or credits. Offsets may not be allowed in cases of mutual debts or mutual credits between the coordinated care organization and another person in connection with a delinquency proceeding, except with respect to reinsurance. [2019 c.478 �43]

�� 415.430 Liability of member of CCO to pay provider for cost of care. (1) For the purpose of this section only, and only in the event of a finding of impairment by the Oregon Health Authority, as described in ORS 415.203, or of a final order of liquidation, any covered health care service furnished within this state by a provider to a member of a coordinated care organization shall be considered to have been furnished pursuant to a contract between the provider and the coordinated care organization with whom the member was enrolled when the services were furnished.

�� (2) Each contract between a coordinated care organization and a provider of health care services shall provide that if the coordinated care organization fails to pay for covered health care services as set forth in the coordinated care organization�s contract with the authority, the member is not liable to the provider for any amounts owed by the coordinated care organization.

�� (3) If the contract between the contracting provider and the coordinated care organization has not been reduced to writing or fails to contain the provisions required by subsection (2) of this section, the member is not liable to the authority for any amounts owed by the coordinated care organization.

�� (4) A contracting provider or agent, trustee or assignee of the contracting provider may not maintain a civil action against a member to collect any amounts owed by the coordinated care organization for which the member is not liable to the contracting provider under this section.

�� (5) Nothing in this section impairs the right of a provider to charge, collect from, attempt to collect from or maintain a civil action against a member for any of the following:

�� (a) Health care services not covered by the medical assistance program.

�� (b) Health care services rendered after the termination of the contract between the coordinated care organization and the provider, unless the health care services were rendered during the confinement in an inpatient facility and the confinement began prior to the date of termination or unless the provider has assumed post-termination treatment obligations under the contract.

�� (6) Nothing in this section prohibits a member from seeking noncovered health care services from a provider and accepting financial responsibility for these services.

�� (7) A coordinated care organization may not limit the right of a provider of health care services to contract with the patient for payment of services not within the scope of coverage under the medical assistance program. [2019 c.478 �52]

REGULATION OF MATERIAL CHANGE TRANSACTIONS INVOLVING HEALTH CARE ENTITIES

�� 415.500 Definitions. As used in this section and ORS 415.501 and 415.505:

�� (1) �Corporate affiliation� has the meaning prescribed by the Oregon Health Authority by rule, including:

�� (a) Any relationship between two organizations that reflects, directly or indirectly, a partial or complete controlling interest or partial or complete corporate control; and

�� (b) Transactions that merge tax identification numbers or corporate governance.

�� (2) �Essential services� means:

�� (a) Services that are funded on the prioritized list described in ORS 414.690; and

�� (b) Services that are essential to achieve health equity.

�� (3) �Health benefit plan� has the meaning given that term in ORS 743B.005.

�� (4)(a) �Health care entity� includes:

�� (A) An individual health professional licensed or certified in this state;

�� (B) A hospital, as defined in ORS 442.015, or hospital system, as defined by the authority by rule;

�� (C) A carrier, as defined in ORS 743B.005, that offers a health benefit plan in this state;

�� (D) A Medicare Advantage plan;

�� (E) A coordinated care organization or a prepaid managed care health services organization, as both terms are defined in ORS 414.025; and

�� (F) Any other entity that has as a primary function the provision of health care items or services or that is a parent organization of, or is an entity closely related to, an entity that has as a primary function the provision of health care items or services.

�� (b) �Health care entity� does not include:

�� (A) Long term care facilities, as defined in ORS 442.015.

�� (B) Facilities licensed and operated under ORS 443.400 to 443.455.

�� (5) �Health equity� has the meaning prescribed by the Oregon Health Policy Board and adopted by the authority by rule.

�� (6)(a) �Material change transaction� means:

�� (A) A transaction in which at least one party had average revenue of $25 million or more in the preceding three fiscal years and another party:

�� (i) Had an average revenue of at least $10 million in the preceding three fiscal years; or

�� (ii) In the case of a new entity, is projected to have at least $10 million in revenue in the first full year of operation at normal levels of utilization or operation as prescribed by the authority by rule.

�� (B) If a transaction involves a health care entity in this state and an out-of-state entity, a transaction that otherwise qualifies as a material change transaction under this paragraph that may result in increases in the price of health care or limit access to health care services in this state.

�� (b) �Material change transaction� does not include:

�� (A) A clinical affiliation of health care entities formed for the purpose of collaborating on clinical trials or graduate medical education programs.

�� (B) A medical services contract or an extension of a medical services contract.

�� (C) An affiliation that:

�� (i) Does not impact the corporate leadership, governance or control of an entity; and

�� (ii) Is necessary, as prescribed by the authority by rule, to adopt advanced value-based payment methodologies to meet the health care cost growth targets under ORS 442.386.

�� (D) Contracts under which one health care entity, for and on behalf of a second health care entity, provides patient care and services or provides administrative services relating to, supporting or facilitating the provision of patient care and services, if the second health care entity:

�� (i) Maintains responsibility, oversight and control over the patient care and services; and

�� (ii) Bills and receives reimbursement for the patient care and services.

�� (E) Transactions in which a participant that is a health center as defined in 42 U.S.C. 254b, while meeting all of the participant�s obligations, acquires, affiliates with, partners with or enters into any agreement with another entity unless the transaction would result in the participant no longer qualifying as a health center under 42 U.S.C. 254b.

�� (7)(a) �Medical services contract� means a contract to provide medical or mental health services entered into by:

�� (A) A carrier and an independent practice association;

�� (B) A carrier, coordinated care organization, independent practice association or network of providers and one or more providers, as defined in ORS 743B.001;

�� (C) An independent practice association and an individual health professional or an organization of health care providers;

�� (D) Medical, dental, vision or mental health clinics; or

�� (E) A medical, dental, vision or mental health clinic and an individual health professional to provide medical, dental, vision or mental health services.

�� (b) �Medical services contract� does not include a contract of employment or a contract creating a legal entity and ownership of the legal entity that is authorized under ORS chapter 58, 60 or 70 or under any other law authorizing the creation of a professional organization similar to those authorized by ORS chapter 58, 60 or 70, as may be prescribed by the authority by rule.

�� (8) �Net patient revenue� means the total amount of revenue, after allowance for contractual amounts, charity care and bad debt, received for patient care and services, including:

�� (a) Value-based payments;

�� (b) Incentive payments;

�� (c) Capitation payments or payments under any similar contractual arrangement for the prepayment or reimbursement of patient care and services; and

�� (d) Any payment received by a hospital to reimburse a hospital assessment under ORS 414.855.

�� (9) �Revenue� means:

�� (a) Net patient revenue; or

�� (b) The gross amount of premiums received by a health care entity that are derived from health benefit plans.

�� (10) �Transaction� means:

�� (a) A merger of a health care entity with another entity;

�� (b) An acquisition of one or more health care entities by another entity;

�� (c) New contracts, new clinical affiliations and new contracting affiliations that will eliminate or significantly reduce, as defined by the authority by rule, essential services;

�� (d) A corporate affiliation involving at least one health care entity; or

�� (e) Transactions to form a new partnership, joint venture, accountable care organization, parent organization or management services organization, as prescribed by the authority by rule. [2021 c.615 �1]

�� Note: The amendments to 415.500 by section 21, chapter 4, Oregon Laws 2025, become operative January 2, 2038. See section 23, chapter 4, Oregon Laws 2025. The text that is operative on and after January 2, 2038, is set forth for the user�s convenience.

�� 415.500. As used in this section and ORS

ORS 419B.005

419B.005, a statement made by a person concerning an act of abuse of an elderly person, as those terms are defined in ORS 124.050, or a statement made by a person concerning a violation of ORS 163.205 or 164.015 in which a person 65 years of age or older is the victim, is not excluded by ORS 40.455 if the declarant either testifies at the proceeding and is subject to cross-examination, or is unavailable as a witness but was chronologically or mentally under 12 years of age when the statement was made or was 65 years of age or older when the statement was made. However, if a declarant is unavailable, the statement may be admitted in evidence only if the proponent establishes that the time, content and circumstances of the statement provide indicia of reliability, and in a criminal trial or juvenile delinquency proceeding that there is corroborative evidence of the act of abuse and of the alleged perpetrator�s opportunity to participate in the conduct and that the statement possesses indicia of reliability as is constitutionally required to be admitted. No statement may be admitted under this paragraph unless the proponent of the statement makes known to the adverse party the proponent�s intention to offer the statement and the particulars of the statement no later than 15 days before trial, except for good cause shown. For purposes of this paragraph, in addition to those situations described in ORS 40.465 (1), the declarant shall be considered �unavailable� if the declarant has a substantial lack of memory of the subject matter of the statement, is presently incompetent to testify, is unable to communicate about the abuse or sexual conduct because of fear or other similar reason or is substantially likely, as established by expert testimony, to suffer lasting severe emotional trauma from testifying. Unless otherwise agreed by the parties, the court shall examine the declarant in chambers and on the record or outside the presence of the jury and on the record. The examination shall be conducted immediately prior to the commencement of the trial in the presence of the attorney and the legal guardian or other suitable person as designated by the court. If the declarant is found to be unavailable, the court shall then determine the admissibility of the evidence. The determinations shall be appealable under ORS 138.045 (1)(d). The purpose of the examination shall be to aid the court in making its findings regarding the availability of the declarant as a witness and the reliability of the statement of the declarant. In determining whether a statement possesses indicia of reliability under this paragraph, the court may consider, but is not limited to, the following factors:

�� (A) The personal knowledge of the declarant of the event;

�� (B) The age and maturity of the declarant or extent of disability if the declarant is a person with a developmental disability;

�� (C) Certainty that the statement was made, including the credibility of the person testifying about the statement and any motive the person may have to falsify or distort the statement;

�� (D) Any apparent motive the declarant may have to falsify or distort the event, including bias, corruption or coercion;

�� (E) The timing of the statement of the declarant;

�� (F) Whether more than one person heard the statement;

�� (G) Whether the declarant was suffering pain or distress when making the statement;

�� (H) Whether the declarant�s young age or disability makes it unlikely that the declarant fabricated a statement that represents a graphic, detailed account beyond the knowledge and experience of the declarant;

�� (I) Whether the statement has internal consistency or coherence and uses terminology appropriate to the declarant�s age or to the extent of the declarant�s disability if the declarant is a person with a developmental disability;

�� (J) Whether the statement is spontaneous or directly responsive to questions; and

�� (K) Whether the statement was elicited by leading questions.

�� (c) This subsection applies to all civil, criminal and juvenile proceedings.

�� (d) This subsection applies to a child declarant, a declarant who is an elderly person as defined in ORS 124.050 or an adult declarant with a developmental disability. For the purposes of this subsection, �developmental disability� means any disability attributable to mental retardation, autism, cerebral palsy, epilepsy or other disabling neurological condition that requires training or support similar to that required by persons with mental retardation, if either of the following apply:

�� (A) The disability originates before the person attains 22 years of age, or if the disability is attributable to mental retardation the condition is manifested before the person attains 18 years of age, the disability can be expected to continue indefinitely, and the disability constitutes a substantial handicap to the ability of the person to function in society.

�� (B) The disability results in a significant subaverage general intellectual functioning with concurrent deficits in adaptive behavior that are manifested during the developmental period.

�� (19) Reputation among members of a person�s family by blood, adoption or marriage, or among a person�s associates, or in the community, concerning a person�s birth, adoption, marriage, divorce, death, legitimacy, relationship by blood or adoption or marriage, ancestry, or other similar fact of a person�s personal or family history.

�� (20) Reputation in a community, arising before the controversy, as to boundaries of or customs affecting lands in the community, and reputation as to events of general history important to the community or state or nation in which located.

�� (21) Reputation of a person�s character among associates of the person or in the community.

�� (22) Evidence of a final judgment, entered after a trial or upon a plea of guilty, but not upon a plea of no contest, adjudging a person guilty of a crime other than a traffic offense, to prove any fact essential to sustain the judgment, but not including, when offered by the government in a criminal prosecution for purposes other than impeachment, judgments against persons other than the accused. The pendency of an appeal may be shown but does not affect admissibility.

�� (23) Judgments as proof of matters of personal, family or general history, or boundaries, essential to the judgment, if the same would be provable by evidence of reputation.

�� (24) Notwithstanding the limits contained in subsection (18a) of this section, in any proceeding in which a child under 12 years of age at the time of trial, or a person with a developmental disability as described in subsection (18a)(d) of this section, may be called as a witness to testify concerning an act of abuse, as defined in ORS 419B.005, or sexual conduct performed with or on the child or person with a developmental disability by another, the testimony of the child or person with a developmental disability taken by contemporaneous examination and cross-examination in another place under the supervision of the trial judge and communicated to the courtroom by closed-circuit television or other audiovisual means. Testimony will be allowed as provided in this subsection only if the court finds that there is a substantial likelihood, established by expert testimony, that the child or person with a developmental disability will suffer severe emotional or psychological harm if required to testify in open court. If the court makes such a finding, the court, on motion of a party, the child, the person with a developmental disability or the court in a civil proceeding, or on motion of the district attorney, the child or the person with a developmental disability in a criminal or juvenile proceeding, may order that the testimony of the child or the person with a developmental disability be taken as described in this subsection. Only the judge, the attorneys for the parties, the parties, individuals necessary to operate the equipment and any individual the court finds would contribute to the welfare and well-being of the child or person with a developmental disability may be present during the testimony of the child or person with a developmental disability.

�� (25)(a) Any document containing data prepared or recorded by the Oregon State Police pursuant to ORS 813.160 (1)(b)(C) or (E), or pursuant to ORS 475.235 (4), if the document is produced by data retrieval from the Law Enforcement Data System or other computer system maintained and operated by the Oregon State Police, and the person retrieving the data attests that the information was retrieved directly from the system and that the document accurately reflects the data retrieved.

�� (b) Any document containing data prepared or recorded by the Oregon State Police that is produced by data retrieval from the Law Enforcement Data System or other computer system maintained and operated by the Oregon State Police and that is electronically transmitted through public or private computer networks under an electronic signature adopted by the Oregon State Police if the person receiving the data attests that the document accurately reflects the data received.

�� (c) Notwithstanding any statute or rule to the contrary, in any criminal case in which documents are introduced under the provisions of this subsection, the defendant may subpoena the analyst, as defined in ORS 475.235 (6), or other person that generated or keeps the original document for the purpose of testifying at the preliminary hearing and trial of the issue. Except as provided in ORS 44.550 to 44.566, no charge shall be made to the defendant for the appearance of the analyst or other person.

�� (26)(a) A statement that purports to narrate, describe, report or explain an incident of domestic violence, as defined in ORS 135.230, made by a victim of the domestic violence within 24 hours after the incident occurred, if the statement:

�� (A) Was recorded, either electronically or in writing, or was made to a peace officer as defined in ORS 161.015, corrections officer, youth correction officer, parole and probation officer, emergency medical services provider or firefighter; and

�� (B) Has sufficient indicia of reliability.

�� (b) In determining whether a statement has sufficient indicia of reliability under paragraph (a) of this subsection, the court shall consider all circumstances surrounding the statement. The court may consider, but is not limited to, the following factors in determining whether a statement has sufficient indicia of reliability:

�� (A) The personal knowledge of the declarant.

�� (B) Whether the statement is corroborated by evidence other than statements that are subject to admission only pursuant to this subsection.

�� (C) The timing of the statement.

�� (D) Whether the statement was elicited by leading questions.

�� (E) Subsequent statements made by the declarant. Recantation by a declarant is not sufficient reason for denying admission of a statement under this subsection in the absence of other factors indicating unreliability.

�� (27) A report prepared by a forensic scientist that contains the results of a presumptive test conducted by the forensic scientist as described in ORS 475.235, if the forensic scientist attests that the report accurately reflects the results of the presumptive test.

�� (28)(a) A statement not specifically covered by any of the foregoing exceptions but having equivalent circumstantial guarantees of trustworthiness, if the court determines that:

�� (A) The statement is relevant;

�� (B) The statement is more probative on the point for which it is offered than any other evidence that the proponent can procure through reasonable efforts; and

�� (C) The general purposes of the Oregon Evidence Code and the interests of justice will best be served by admission of the statement into evidence.

�� (b) A statement may not be admitted under this subsection unless the proponent of it makes known to the adverse party the intention to offer the statement and the particulars of it, including the name and address of the declarant, sufficiently in advance of the trial or hearing, or as soon as practicable after it becomes apparent that such statement is probative of the issues at hand, to provide the adverse party with a fair opportunity to prepare to meet it. [1981 c.892 �64; 1989 c.300 �1; 1989 c.881 �1; 1991 c.391 �1; 1995 c.200 �1; 1995 c.476 �1; 1995 c.804 �2; 1999 c.59 �13; 1999 c.674 �1; 1999 c.945 �1; 2001 c.104 �11; 2001 c.533 �1; 2001 c.870 �5; 2003 c.538 �2; 2005 c.118 �3; 2007 c.63 �2; 2007 c.70 �12; 2007 c.636 �3; 2009 c.610 �9; 2011 c.661 �14; 2011 c.703 �21; 2017 c.529 �21; 2023 c.105 �1]

�� 40.465 Rule 804. Hearsay exceptions when the declarant is unavailable. (1) �Unavailability as a witness� includes situations in which the declarant:

�� (a) Is exempted by ruling of the court on the ground of privilege from testifying concerning the subject matter of a statement;

�� (b) Persists in refusing to testify concerning the subject matter of a statement despite an order of the court to do so;

�� (c) Testifies to a lack of memory of the subject matter of a statement;

�� (d) Is unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity;

�� (e) Is absent from the hearing and the proponent of the declarant�s statement has been unable to procure the declarant�s attendance (or in the case of an exception under subsection (3)(b), (c) or (d) of this section, the declarant�s attendance or testimony) by process or other reasonable means; or

�� (f) Is absent from the hearing and the proponent of the declarant�s statement has established the criteria of subsection (3)(f) or (g) of this section by a preponderance of the evidence.

�� (2) A declarant is not unavailable as a witness if the declarant�s exemption, refusal, claim of lack of memory, inability, or absence is due to the procurement or wrongdoing of the proponent of the declarant�s statement for the purpose of preventing the witness from attending or testifying.

�� (3) The following are not excluded by ORS 40.455 if the declarant is unavailable as a witness:

�� (a) Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of the same or another proceeding, if the party against whom the testimony is now offered, or, in a civil action or proceeding a predecessor in interest, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination.

�� (b) A statement made by a declarant while believing that death was imminent, concerning the cause or circumstances of what the declarant believed to be impending death.

�� (c) A statement which was at the time of its making so far contrary to the declarant�s pecuniary or proprietary interest, or so far tended to subject the declarant to civil or criminal liability, or to render invalid a claim by the declarant against another, that a reasonable person in the declarant�s position would not have made the statement unless the person believed it to be true. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement.

�� (d)(A) A statement concerning the declarant�s own birth, adoption, marriage, divorce, legitimacy, relationship by blood or adoption or marriage, ancestry, or other similar fact of personal or family history, even though the declarant had no means of acquiring personal knowledge of the matter stated; or

�� (B) A statement concerning the foregoing matters, and death also, of another person, if the declarant was related to the other by blood, adoption, or marriage or was so intimately associated with the other�s family as to be likely to have accurate information concerning the matter declared.

�� (e) A statement made at or near the time of the transaction by a person in a position to know the facts stated therein, acting in the person�s professional capacity and in the ordinary course of professional conduct.

�� (f) A statement offered against a party who intentionally or knowingly engaged in criminal conduct that directly caused the death of the declarant, or directly caused the declarant to become unavailable as a witness because of incapacity or incompetence.

�� (g) A statement offered against a party who engaged in, directed or otherwise participated in wrongful conduct that was intended to cause the declarant to be unavailable as a witness, and did cause the declarant to be unavailable.

�� (h) A statement not specifically covered by any of the foregoing exceptions but having equivalent circumstantial guarantees of trustworthiness, if the court determines that (A) the statement is offered as evidence of a material fact; (B) the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and (C) the general purposes of the Oregon Evidence Code and the interests of justice will best be served by admission of the statement into evidence. However, a statement may not be admitted under this paragraph unless the proponent of it makes known to the adverse party the intention to offer the statement and the particulars of it, including the name and address of the declarant, sufficiently in advance of the trial or hearing, or as soon as practicable after it becomes apparent that the statement is probative of the issues at hand, to provide the adverse party with a fair opportunity to prepare to meet it. [1981 c.892 �65; 2005 c.458 �1; 2021 c.324 �1; 2023 c.141 �1]

�� 40.470 Rule 805. Hearsay within hearsay. Hearsay included within hearsay is not excluded under ORS 40.455 if each part of the combined statements conforms with an exception set forth in ORS 40.460 or 40.465. [1981 c.892 �66]

�� 40.475 Rule 806. Attacking and supporting credibility of declarant. When a hearsay statement, or a statement defined in ORS 40.450 (4)(b)(C), (D) or (E), has been admitted in evidence, the credibility of the declarant may be attacked, and if attacked may be supported, by any evidence which would be admissible for those purposes if the declarant had testified as a witness. Evidence of a statement or conduct by the declarant at any time, inconsistent with the hearsay statement of the declarant, is not subject to any requirement under ORS 40.380 relating to impeachment by evidence of inconsistent statements. If the party against whom a hearsay statement has been admitted calls the declarant as a witness, the party is entitled to examine the declarant on the statement as if under cross-examination. [1981 c.892 �67]

AUTHENTICATION AND IDENTIFICATION

�� 40.505 Rule 901. Requirement of authentication or identification. (1) The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.

�� (2) By way of illustration only, and not by way of limitation, the following are examples of authentication or identification conforming with the requirements of subsection (1) of this section:

�� (a) Testimony by a witness with knowledge that a matter is what it is claimed to be.

�� (b) Nonexpert opinion as to the genuineness of handwriting, based upon familiarity not acquired for purposes of the litigation.

�� (c) Comparison by the trier of fact or by expert witnesses with specimens which have been authenticated.

�� (d) Appearance, contents, substance, internal patterns or other distinctive characteristics, taken in conjunction with circumstances.

�� (e) Identification of a voice, whether heard firsthand or through mechanical or electronic transmission or recording, by opinion based upon hearing the voice at any time under circumstances connecting it with the alleged speaker.

�� (f) Telephone conversations, by evidence that a call was made to the number assigned at the time by the telephone company to a particular person or business, if:

�� (A) In the case of a person, circumstances, including self-identification, show the person answering to be the one called; or

�� (B) In the case of a business, the call was made to a place of business and the conversation related to business reasonably transacted over the telephone.

�� (g) Evidence that a writing authorized by law to be recorded or filed and in fact recorded or filed in a public office, or a purported public record, report, statement, or data compilation, in any form, is from the public office where items of this nature are kept.

�� (h) Evidence that a document or data compilation, in any form:

�� (A) Is in such condition as to create no suspicion concerning its authenticity;

�� (B) Was in a place where it, if authentic, would likely be; and

�� (C) Has been in existence 20 years or more at the time it is offered.

�� (i) Evidence describing a process or system used to produce a result and showing that the process or system produces an accurate result.

�� (j) Any method of authentication or identification otherwise provided by law or by other rules prescribed by the Supreme Court. [1981 c.892 �68]

�� 40.510 Rule 902. Self-authentication. (1) Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:

�� (a) A document bearing a seal purporting to be that of the United States, or of any state, district, commonwealth, territory, or insular possession thereof, or the Panama Canal Zone, or the Trust Territory of the Pacific Islands, or of a political subdivision, department, officer, or agency thereof, and a signature purporting to be an attestation or execution.

�� (b) A document purporting to bear the signature, in an official capacity, of an officer or employee of any entity included in subsection (1)(a) of this section, having no seal, if a public officer having a seal and having official duties in the district or political subdivision of the officer or employee certifies under seal that the signer has the official capacity and that the signature is genuine.

�� (c) A document purporting to be:

�� (A) Executed or attested in an official capacity by a person authorized by the laws of a foreign country to make the execution or attestation; and

�� (B) Accompanied by a final certification as provided in subsection (3) of this section as to the genuineness of the signature and official position of:

�� (i) The executing or attesting person; or

�� (ii) Any foreign official whose certificate of genuineness of signature and official position relates to the execution or attestation or is in a chain of certificates of genuineness of signature and official position relating to the execution or attestation.

�� (d) A copy of an official record or report or entry therein, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other person authorized to make the certification, by certificate complying with subsection (1)(a), (b) or (c) of this section or otherwise complying with any law or rule prescribed by the Supreme Court.

�� (e) Books, pamphlets or other publications purporting to be issued by public authority.

�� (f) Printed materials purporting to be newspapers or periodicals.

�� (g) Inscriptions, signs, tags or labels purporting to have been affixed in the course of business and indicating ownership, control or origin.

�� (h) Documents accompanied by a certificate of acknowledgment executed in the manner provided by law by a notary public or other officer authorized by law to take acknowledgments.

�� (i) Commercial paper, signatures thereon and documents relating thereto to the extent provided by the Uniform Commercial Code or ORS chapter 83.

�� (j) Any signature, documents or other matter declared by law to be presumptively or prima facie genuine or authentic.

�� (k)(A) A document bearing a seal purporting to be that of a federally recognized Indian tribal government or of a political subdivision, department, officer, or agency thereof, and a signature purporting to be an attestation or execution.

�� (B) A document purporting to bear the signature, in an official capacity, of an officer or employee of any entity included in subparagraph (A) of this paragraph, having no seal, if a public officer having a seal and having official duties in the district or political subdivision or the officer or employee certifies under seal that the signer has the official capacity and that the signature is genuine.

�� (L)(A) Any document containing data prepared or recorded by the Oregon State Police pursuant to ORS 813.160 (1)(b)(C) or (E), or pursuant to ORS 475.235 (4), if the document is produced by data retrieval from the Law Enforcement Data System or other computer system maintained and operated by the Oregon State Police, and the person retrieving the data attests that the information was retrieved directly from the system and that the document accurately reflects the data retrieved.

�� (B) Any document containing data prepared or recorded by the Oregon State Police that is produced by data retrieval from the Law Enforcement Data System or other computer system maintained and operated by the Oregon State Police and that is electronically transmitted through public or private computer networks under an electronic signature adopted by the Oregon State Police if the person receiving the data attests that the document accurately reflects the data received.

�� (m) A report prepared by a forensic scientist that contains the results of a presumptive test conducted by the forensic scientist as described in ORS 475.235, if the forensic scientist attests that the report accurately reflects the results of the presumptive test.

�� (2) For the purposes of this section, �signature� includes any symbol executed or adopted by a party with present intention to authenticate a writing.

�� (3) A final certification for purposes of subsection (1)(c) of this section may be made by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of official documents, the court may, for good cause shown, order that they be treated as presumptively authentic without final certification or permit them to be evidenced by an attested summary with or without final certification. [1981 c.892 �69; 1995 c.200 �2; 1999 c.674 �2; 2001 c.104 �12; 2003 c.14 �21; 2003 c.538 �3; 2005 c.22 �31; 2005 c.118 �4; 2007 c.636 �4; 2009 c.610 �10]

�� 40.515 Rule 903. Subscribing witness� testimony unnecessary. The testimony of a subscribing witness is not necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing. [1981 c.892 �70]

CONTENTS OF WRITINGS, RECORDINGS AND PHOTOGRAPHS

�� 40.550 Rule 1001. Definitions for ORS 40.550 to 40.585. As used in ORS 40.550 to 40.585, unless the context requires otherwise:

�� (1) �Duplicate� means a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, by mechanical or electronic re-recording, by chemical reproduction, by optical imaging or by other equivalent techniques that accurately reproduce the original, including reproduction by facsimile machines if the reproduction is identified as a facsimile and printed on nonthermal paper.

�� (2) �Original� of a writing or recording is the writing or recording itself or any counterpart intended to have the same effect by a person executing or issuing it. An �original� of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an �original.�

�� (3) �Photographs� includes still photographs, X-ray films, video tapes and motion pictures.

�� (4) �Writings� and �recordings� mean letters, words or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, optical imaging, mechanical or electronic recording or other form of data compilation. [1981 c.892 �71; 1991 c.857 �1; 1995 c.760 �1]

�� 40.555 Rule 1002. Requirement of original. To prove the content of a writing, recording or photograph, the original writing, recording or photograph is required, except as otherwise provided in ORS 40.550 to 40.585 or other law. [1981 c.892 �72]

�� 40.560 Rule 1003. Admissibility of duplicates. A duplicate is admissible to the same extent as an original unless:

�� (1) A genuine question is raised as to the authenticity of the original; or

�� (2) In the circumstances it would be unfair to admit the duplicate in lieu of the original. [1981 c.892 �73]

�� 40.562 Rule 1003-1. Admissibility of reproduction. (1) If any business, institution or member of a profession or calling, in the regular course of business or activity, has kept or recorded any memorandum, writing, entry, print, representation or a combination thereof, of any act, transaction, occurrence or event, and in the regular course of business has caused any or all of the same to be recorded, copied or reproduced by any photographic, photostatic, microfilm, micro-card, miniature photographic, optical imaging or other process that accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless held in a custodial or fiduciary capacity and the principal or true owner has not authorized destruction or unless its preservation is required by law. Such reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of the court. The introduction of a reproduced record, enlargement or facsimile does not preclude admission of the original.

�� (2) If any department or agency of government, in the regular course of business or activity, has kept or recorded any memorandum, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence or event, and in the regular course of business, and in accordance with ORS

ORS 419B.529

419B.529 is vacated other than as provided in ORS 109.382 or 419B.651 or the adoptive parent of the Indian child has voluntarily consented to the termination of parental rights, an Indian child�s former parent or prior Indian custodian may intervene in the proceeding and move the court for the Indian child to be returned to the custody of the former parent or prior Indian custodian and for the parental rights to the Indian child to be restored.

�� (b)(A) The moving party shall provide by registered or certified mail, return receipt requested, notice of the motion for the Indian child to be returned to the custody of the former parent or prior Indian custodian and the time set for filing objections to the motion, together with notice of proceeding in the form required under ORS 419B.639 (3), to:

�� (i) Each tribe of which the child may be a member or in which the Indian child may be eligible for membership;

�� (ii) The child�s parents;

�� (iii) The child�s Indian custodian, if applicable; and

�� (iv) The appropriate United States Bureau of Indian Affairs Regional Director listed in 25 C.F.R. 23.11(b), if the identify or location of the child�s parents cannot be ascertained.

�� (B) The petitioner shall file a declaration of compliance, including a copy of each notice sent under this subsection, together with any return receipts or other proof of service.

�� (c) Upon the filing of an objection to the motion, the court shall fix the time for hearing on objections.

�� (d) The court shall order the Indian child returned to the custody of the former parent or prior Indian custodian or restore the parental rights to the Indian child unless the court finds, by clear and convincing evidence, that the return of custody or restoration of parental rights is not in the child�s best interests, as described in ORS 419B.612. The court�s order must include a transition plan for the physical custody of the child, which may include protective supervision under ORS 419B.331. [2021 c.398 �32]

�� Note: See note under 109.382.

�� 109.385 Readoption proceeding; prima facie evidence; petition; required contents; service; exhibits; finding regarding inaccurate birthdate; fees. (1) As used in this section, �readoption� means to adopt a person, including but not limited to a minor child, who was previously adopted in a foreign nation, pursuant to the laws of the state.

�� (2) An adoption in a foreign nation under the laws of that nation of a person who is at the time of the adoption a national of the nation by adoptive parents, at least one of whom is a citizen of the United States, shall be recognized as a valid and legal adoption for all purposes in the State of Oregon if the adoption is valid and legal in the foreign nation where the adoption occurred, unless the adoption violates fundamental principles of human rights or the public policy of the state or of the federal government.

�� (3) A copy of a decree, order, judgment, certificate or other document of adoption by adoptive parents, at least one of whom is a citizen of the United States, issued by a court or pursuant to an administrative proceeding of competent jurisdiction in the foreign nation is prima facie evidence in any court or administrative proceeding in this state that the adoption was legal and valid.

�� (4) Notwithstanding subsection (2) of this section, an adoptive parent who has adopted a person in a foreign nation may petition the court for readoption for the purpose of obtaining a judgment of adoption from the circuit court of the county in which the petitioner resides.

�� (5) Except as otherwise provided in this section, ORS 109.285 does not apply to a petition for readoption under this section.

�� (6) A petition for readoption must be signed by the petitioner and, unless stated in the petition why the information or statement is omitted, must contain the following:

�� (a) The full name of the petitioner;

�� (b) The current marital or domestic partnership status of the petitioner;

�� (c) If the readoption is of a minor child, information sufficient for the court to establish that the petitioner has complied with the jurisdictional requirements of ORS 109.276 (4);

�� (d) The gender and full birth name, adopted name and any other alias of the person sought to be readopted;

�� (e) A statement of the place and date of the person�s birth in the foreign nation;

�� (f) A statement that the foreign adoption is legal and valid under the laws of the nation in which the adoption occurred and the date of the adoption;

�� (g) A statement that the person�s entry into the United States has complied with applicable federal immigration laws;

�� (h) If the readoption is of a minor child, a statement that a home study was completed and approved prior to the foreign nation adoption of the minor child;

�� (i) If the readoption is of a minor child, whether a continuing contact agreement exists under ORS 109.268 or a similar law applicable to the nation where the foreign nation adoption occurred, including the names of the parties to the agreement and the date of execution;

�� (j) A statement of the desired new adoptive name for the person to be readopted;

�� (k) If applicable, a statement that the birthdate listed on the person�s foreign nation birth documents is believed to be inaccurate and a description of the evidence that supports the petitioner�s belief;

�� (L) A statement requesting the clerk of the court, upon payment of any required fees, to issue to the petitioner a certificate of adoption under ORS 109.410 and a certified copy of the general judgment of adoption; and

�� (m)(A) A declaration under penalty of perjury and documentation, as described by the Department of Human Services by rule, of the efforts described in ORS 419B.636 (2) the petitioner made to determine whether there is reason to know that the child is an Indian child;

�� (B) A statement that the petitioner has reason to know that the child is an Indian child or the petitioner does not have reason to know that the child is an Indian child; and

�� (C) If the petitioner has reason to know that the child is an Indian child:

�� (i) A declaration under penalty of perjury and documentation, as described by the department by rule, showing that the proposed adoptive placement complies with the requirements under ORS 419B.654 (2); or

�� (ii) A statement that the petitioner is moving the court under ORS 419B.654 (3) for a finding that good cause exists for placement contrary to the placement preferences and a statement describing the details supporting the petitioner�s assertion that good cause exists for the alternative placement, as described in ORS 419B.654 (4).

�� (7)(a) Within 30 days after being filed with the court, the petitioner shall serve copies of the petition and the documents filed as exhibits under subsection (9) of this section and, if applicable, a copy of the declaration of compliance described in paragraph (b) of this subsection, on the Director of Human Services by either registered or certified mail with return receipt or personal service.

�� (b) If the petitioner has reason to know that the child is an Indian child, within 30 days after filing the petition, the petitioner shall:

�� (A) Serve copies of the petition by registered or certified mail, return receipt requested, together with the notice of proceeding in the form required under ORS 419B.639 (3), to:

�� (i) Each tribe of which the child may be a member or in which the Indian child may be eligible for membership;

�� (ii) The child�s parents;

�� (iii) The child�s Indian custodian, if applicable; and

�� (B) File a declaration of compliance with the court, including a copy of each notice sent, together with any return receipts or other proof of service.

�� (8) A petition filed under this section must, if applicable, request the following:

�� (a) Entry of a general judgment of adoption;

�� (b) That the petitioner be permitted to readopt the person as the child of the petitioner for all legal intents and purposes;

�� (c) A finding that the court has jurisdiction over the adoption proceeding, the parties and the person sought to be readopted;

�� (d) Approval of a change to the name of the person to be readopted;

�� (e) If applicable, a finding that a continuing contact agreement entered into under ORS 109.268, or a similar law applicable to the nation where the foreign nation adoption occurred, is in the best interests of the minor child and that the court incorporate the continuing contact agreement by reference into the adoption judgment;

�� (f) If applicable, a finding that the evidence of the person�s birthdate listed on the foreign nation adoption documents is inaccurate and that the evidence presented by the petitioner supports a change to the birthdate of the person to be readopted;

�� (g) That the court require preparation of and certify a report of adoption as provided in ORS 432.223;

�� (h) If the readoption is of a minor child, that all records, papers and files in the record of the readoption case be sealed as provided under ORS 109.289;

�� (i) A finding that the child is or is not an Indian child;

�� (j) A finding that the petitioner complied with the inquiry requirements under ORS 419B.636 (2);

�� (k) If the child is an Indian child:

�� (A) The determinations required under ORS 419B.621 regarding the Indian child�s residence, domicile and wardship status;

�� (B) A finding that the petitioner complied with the notice requirements under ORS 419B.639 (2); and

�� (C) A finding that the adoptive placement complies with the placement preferences under ORS

ORS 419B.654

419B.654 (2); and

�� (L) Any other relief requested by the petitioner.

�� (9) A petition filed under this section must, if applicable, have the following attached as exhibits:

�� (a) True copies of the foreign nation birth certificate of the person to be readopted, accompanied by an English translation, if necessary;

�� (b) True copies of the foreign nation adoption decree, order, judgment, certificate or similar document accompanied by an English translation, if necessary;

�� (c) True copies of the foreign nation passport and proof of legal residency in the United States for the person sought to be readopted;

�� (d) If applicable, a true copy of any continuing contact agreement entered into under ORS 109.268 or a similar law applicable to the nation where the foreign nation adoption occurred;

�� (e) If applicable, the written disclosure statement required under ORS 109.281; and

�� (f) Any other supporting documentation necessary to comply with the petition requirements in this section.

�� (10)(a) An Adoption Summary and Segregated Information Statement must be filed concurrently with every petition for readoption of a minor child. The statement must summarize information in the readoption proceeding and include additional information and attached exhibits as required under this subsection. The statement must contain, at a minimum, the following information if known or readily ascertainable by the petitioner:

�� (A) The full name, permanent address and telephone number of each petitioner;

�� (B) The current full name, the proposed adoptive name and the date and place of birth of the minor child;

�� (C) The information required by the Uniform Child Custody Jurisdiction and Enforcement Act under ORS 109.701 to 109.834; and

�� (D) The name, bar number and contact information for any attorney representing a petitioner.

�� (b) An Adoption Summary and Segregated Information Statement must attach as an exhibit:

�� (A) A home study that has been approved under ORS 109.276; and

�� (B) A report of adoption on a form prescribed and furnished by the State Registrar of the Center for Health Statistics as required under ORS 432.223.

�� (c) The petitioner has a continuing duty to inform the court of any change to the information required by this subsection or when information that was not previously known or ascertainable becomes known or ascertainable.

�� (d) The Adoption Summary and Segregated Information Statement and the exhibits submitted under this subsection are confidential and may not be inspected or copied except as otherwise provided under ORS 109.266 to 109.410 or 109.425 to 109.507. The Adoption Summary and Segregated Information Statement and the exhibits submitted under this section must be segregated in the record of the adoption case from other records, papers and files in the record of the adoption case.

�� (11)(a) A petition filed under this section is exempt from any requirement for one or more of the following:

�� (A) Compliance with the consent requirements of ORS 109.301 to 109.330;

�� (B) A statement that the requirements of ORS 109.353 regarding advisement about the voluntary adoption registry and the registry�s services have been met;

�� (C) A statement that the requirements of ORS 109.346 regarding notice of the right to counseling sessions have been met; and

�� (D) Provision of a placement report under ORS 109.276 (8).

�� (b) Paragraph (a) of this subsection does not apply if the child is an Indian child.

�� (12) The requirements for keeping a separate record of the case, for sealing the records, papers and files in an adoption proceeding and for the conditions under which inspection and copying of sealed records, papers and files in the court�s record of an adoption case set forth in ORS 109.289 apply to proceedings for readoption under this section.

�� (13)(a) The court may find that a person�s birthdate listed on the person�s foreign nation birth documents is inaccurate based upon a finding that the preponderance of the evidence demonstrates that the birthdate is inaccurate and that the age or birthdate proposed by the petitioner is accurate.

�� (b) Evidence that the court may consider in making the finding and order under this subsection includes, but is not limited to, one or more of the following:

�� (A) Medical evaluations;

�� (B) Birth certificates;

�� (C) School records;

�� (D) Dental evaluations;

�� (E) Psychological evaluations;

�� (F) Bone density tests; and

�� (G) Social evaluations.

�� (14) The fee imposed and collected by the court for the filing of a petition under this subsection shall be in accordance with ORS 21.145, except that when separate petitions for readoption of multiple minor children are concurrently filed under this section by the same petitioner, one filing fee shall be charged for the first petition filed and the filing fees for concurrently filed petitions shall not be charged. [1961 c.95 ��2,3; 2015 c.511 �9; 2021 c.398 �9]

�� 109.390 Authority of Department of Human Services or child-caring agency in adoption proceedings. When the Department of Human Services or an approved child-caring agency has the right to consent to the adoption of a child, the department or agency may:

�� (1) If it deems the action necessary or proper, become a party to any proceeding for the adoption of the child.

�� (2) Appear in court where a proceeding for the adoption of the child is pending.

�� (3) Give or withhold consent in loco parentis to the adoption of the child only in accordance with ORS 109.325. [1957 c.710 �14; 1971 c.401 �6; 2005 c.22 �90]

�� 109.400 Adoption report form. (1) When a petition for adoption is filed with a court, the petitioner or the petitioner�s attorney shall file with the petition an adoption report form as provided in ORS 432.223.

�� (2) Notwithstanding ORS 109.289, if the court enters a judgment of adoption, the clerk of the court shall review the personal particulars filled in on the form, shall fill in the remaining blanks on the form, shall certify the form and mail it to the State Registrar of the Center for Health Statistics as the adoption report as required under ORS 432.223. [1959 c.430 �1; 1983 c.709 �41; 1997 c.783 �45; 2003 c.576 �156; 2013 c.346 �14]

�� 109.410 Certificate of adoption; form; persons eligible to receive certificate; status. (1) The clerk of the court having custody of the adoption file shall issue upon request a certificate of adoption to the adopted person, the adoptive parents or parent, their attorney of record, in the proceeding, or to any child-placing agency which gave consent to the adoption. The certificate shall be substantially in the following form:

CERTIFICATE OF ADOPTION

IN THE __ COURT

OF THE STATE OF OREGON

FOR THE COUNTY OF

In the Matter of the Adoption of:

File No._____

�� Name after Adoption

This is to certify that on the ___ day of __, 2, a Judgment of Adoption was granted by the Honorable Judge ___ granting the adoption of the above-named person by _____.

�� The adopted person, above named, was born in the City of

__, County of _, State of __, on the __ day of ___, 2__.

�� Dated at __, Oregon, this __ day of ___, 2__.

�� (Title of the Clerk of the Court)

�� (SEAL) By ___

�� Deputy

�� (2) The certificate of adoption may be issued by the judge who granted the adoption, instead of by the clerk of the court.

�� (3) The certificate of adoption may not state the former name of the person adopted, unless the name was not changed by the judgment, and may not state the name of either genetic parent of the person adopted. However, if the adoption was by the adopted person�s stepparent, the name of the adopting stepparent�s spouse may be set forth in the certificate if requested.

�� (4) No certificate of adoption shall be issued to any person other than the persons described in subsection (1) of this section without order of the court.

�� (5) For all purposes, the certificate of adoption shall constitute legal proof of the facts set forth therein, shall have the same force and effect and the same presumptions of validity as the judgment of adoption, and shall be entitled to full faith and credit. [1979 c.397 �2; 1985 c.496 �24; 2003 c.576 �157; 2015 c.512 �2; 2025 c.592 �127]

VOLUNTARY ADOPTION REGISTRY

�� 109.425 Definitions for ORS 109.425 to 109.507. As used in ORS 109.425 to 109.507:

�� (1) �Adoptee� means a person who has been adopted in the State of Oregon.

�� (2) �Adoption� means the judicial act of creating the relationship of parent and child where it did not exist previously.

�� (3) �Adoptive parent� means an adult who has become a parent of a child through adoption.

�� (4) �Adult� means a person 18 years of age or older.

�� (5) �Agency� means any public or private organization licensed or authorized under the laws of this state to place children for adoption.

�� (6) �Alleged genetic parent� has the meaning given that term in ORS 109.002.

�� (7) �Birth parent� means:

�� (a) The individuals who are legally presumed under the laws of this state to be the genetic parents of a child; and

�� (b) An individual alleged by the parent who gave birth to the child to be a genetic parent of the child if the individual acknowledges being the child�s genetic parent by signing a written affidavit or executing a surrender and release within three years of the relinquishment of the child by the parent who gave birth to the child or the termination of the parental rights of the parent who gave birth to the child.

�� (8)(a) �Genetic and social history� means a comprehensive report, when obtainable, of the health status and medical history of the birth parents and other persons related to the child.

�� (b) The genetic and social history may contain as much of the following as is available:

�� (A) Medical history;

�� (B) Health status;

�� (C) Cause of and age at death;

�� (D) Height, weight, eye and hair color;

�� (E) Ethnic origins; and

�� (F) Religion, if any.

�� (c) The genetic and social history may include the health status and medical history of:

�� (A) The birth parents;

�� (B) An alleged genetic parent, if any;

�� (C) Siblings to the birth parents, if any;

�� (D) Siblings to an alleged genetic parent, if any;

�� (E) Other children of either birth parent, if any;

�� (F) Other children of an alleged genetic parent, if any;

�� (G) Parents of the birth parents; and

�� (H) Parents of an alleged genetic parent, if any.

�� (9) �Guardian� means a person appointed by a court as guardian of a minor under ORS chapter 125 or the laws of any other state.

�� (10) �Health history� means a comprehensive report, when obtainable, of the child�s health status and medical history at the time of placement for adoption, including neonatal, psychological, physiological and medical care history.

�� (11) �Minor� means a person under 18 years of age.

�� (12) �Progeny� means the children or descendants of a person and the person�s descendants in successive generations.

�� (13) �Registry� means a voluntary adoption registry established under ORS 109.450.

�� (14) �Successor agency� means an agency which has the adoption records of another agency because of the merger of the agency and the successor agency or because a former agency has ceased doing business and has given its adoption records to the successor agency as provided in ORS 109.435 (2). [1983 c.672 �2; 1989 c.372 �1; 1993 c.410 �1; 1995 c.79 �39; 1995 c.730 �7; 1997 c.130 �3; 1997 c.442 �1; 2001 c.900 �14; 2015 c.200 �1; 2025 c.592 �128]

�� Note: 109.425 to 109.507 and 109.990 (2) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 109 by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 109.430 Policy and purpose. It is the policy of this state that adoption is based upon the legal termination of parental rights and responsibilities of birth parents and the creation of the legal relationship of parents and child between an adoptee and the adoptive parents. These legal and social premises underlying adoption must be maintained. The state recognizes that some persons who were adopted as children have a strong desire to obtain identifying information about their birth parents, alleged genetic parent or genetic siblings while other such adoptees have no such desire. The state further recognizes that some birth parents have a strong desire to obtain identifying information about their genetic children who were adopted, while other birth parents have no such desire. The state fully recognizes the right to privacy and confidentiality of birth parents whose children were adopted, the adoptees and the adoptive parents. The purpose of ORS 109.425 to 109.507 and 432.250 is to:

�� (1) Set up a voluntary adoption registry where birth parents, alleged genetic parents, adoptees and genetic siblings of adoptees may register their willingness to the release of identifying information to each other;

�� (2) Provide for the disclosure of identifying information to birth parents and their progeny through a person employed or approved by a licensed adoption agency or the Department of Human Services, if the relevant persons for such disclosure are registered;

�� (3) Provide for the transmission of nonidentifying health and genetic and social histories of adoptees, birth parents, alleged genetic parents, genetic siblings of adoptees and other specified persons; and

�� (4) Provide for disclosure of specific identifying information to Indian tribes or governmental agencies when needed to establish the adoptee�s eligibility for tribal membership or for benefits or to a person responsible for settling an estate that refers to the adoptee. [1983 c.672 �1; 1989 c.372 �5; 1995 c.79 �40; 1995 c.730 �8; 1997 c.442 �2; 2013 c.346 �15; 2015 c.200 �2; 2025 c.592 �129]

�� Note: See note under 109.425.

�� 109.435 Adoption records to be permanently maintained. (1) All records of any adoption finalized in this state shall be permanently maintained by the Department of Human Services or by the agency arranging the adoption.

�� (2) If an agency which handles adoptions ceases to do business, the agency shall transfer the adoption records to the department or to a successor agency, if the agency gives notice of the transfer to the department. [1983 c.672 �3]

�� Note: See note under 109.425.

�� 109.440 [1983 c.672 �4; 1995 c.79 �41; 1995 c.730 �9; 2001 c.586 �1; repealed by 2013 c.346 �7]

�� 109.445 Information of registry confidential. (1) Notwithstanding any other provision of law, the information acquired by any voluntary adoption registry shall not be disclosed under any freedom of information legislation, rules or practice.

�� (2) A class action suit shall not be maintained in any court of this state to require the registry to disclose identifying information. [1983 c.672 �5]

�� Note: See note under 109.425.

�� 109.450 Child placement agency to maintain registry; Department of Human Services duties. (1) A voluntary adoption registry shall be established and maintained by each agency or its successor agency. An agency may delegate or contract with another agency to establish, maintain and operate the registry for the delegating agency.

�� (2) The Department of Human Services shall establish, maintain and operate the registry for all adoptions not arranged through a licensed agency. The department may contract out the function of establishing, maintaining and operating the registry to another agency. The department may join a voluntary national or international registry and make its records available in the manner authorized by ORS 109.425 to 109.507. However, if the rules of disclosure of such a voluntary organization differ from those prescribed in ORS 109.425 to 109.507, ORS 109.425 to 109.507 shall prevail. [1983 c.672 �6; 1995 c.79 �42; 1995 c.730 �10; 2015 c.200 �16]

�� Note: See note under 109.425.

�� 109.455 Persons eligible to use registry. (1) Only a birth parent, adult adoptee, adult genetic sibling of an adoptee, parent or guardian of a minor adoptee or of a minor genetic sibling of an adoptee, adoptive parent of a deceased adoptee and parents or adult siblings of a deceased birth parent may use the registry for obtaining identifying information about birth parents, alleged genetic parents, adoptees and genetic siblings of adoptees.

�� (2) An alleged genetic parent may not use the registry to obtain identifying information but may register to authorize release of identifying information under ORS 109.460. [1983 c.672 �7; 1989 c.372 �2; 1997 c.442 �3; 2015 c.200 �3; 2025 c.592 �130]

�� Note: See note under 109.425.

�� 109.460 Persons eligible to register; information authorized for release; expiration of registration on behalf of minor. (1) An adult adoptee, a birth parent, an alleged genetic parent, an adult genetic sibling of an adoptee, a parent or guardian of a minor adoptee or of a minor genetic sibling of an adoptee, an adoptive parent of a deceased adoptee and a parent or adult sibling of a deceased birth parent may register with a registry by submitting a signed affidavit to the appropriate registry. The affidavit shall contain the information listed in ORS 109.465 and a statement of the registrant�s willingness to be identified to the other relevant persons who register. The affidavit gives authority to the registry to release to the other relevant persons who register identifying information related to the registrant or, if the registrant is registering on behalf of a minor adoptee or a minor genetic sibling, identifying information related to the minor adoptee or sibling. Each registration shall be accompanied by the registrant�s, or if the registrant is registering on behalf of a minor adoptee or a minor genetic sibling, the minor�s, certified copy of the record of live birth.

�� (2) At the discretion of the agency operating the registry, the adult progeny, or the parent or guardian of minor progeny, of a deceased adoptee, a deceased genetic sibling of an adoptee or a deceased birth parent of an adoptee may register to have specific identifying and contact information disclosed by submitting a signed affidavit containing the information listed in ORS 109.465 and a statement of the registrant�s willingness to be identified to other relevant persons who register.

�� (3) An adoptee, or the parent or guardian of a minor adoptee, may register to have specific identifying information disclosed to Indian tribes or to governmental agencies in order to establish the adoptee�s eligibility for tribal membership or for benefits or to a person settling an estate. The information shall be limited to a true copy of documents that prove the adoptee�s lineage. Information disclosed in accordance with this subsection shall not be disclosed to the adoptee or the parent or guardian of the minor adoptee by the registry or employee or agency operating a registry nor by the Indian tribe, governmental agency or person receiving the information.

�� (4) Registration under this section by the parent or guardian of a minor adoptee or of a minor genetic sibling of an adoptee expires when the minor reaches 18 years of age. The adoptee or sibling must reregister with a registry as an adult in accordance with this section for identifying information to be released to relevant persons who are registered. If the adoptee or sibling reregisters, the registration fee will be waived.

�� (5) Except as otherwise provided in ORS 109.503, a registry or employee or the agency operating a registry shall not contact or in any other way solicit any adoptee or birth parent to register with the registry. [1983 c.672 �8; 1989 c.372 �6; 1993 c.410 �10; 1997 c.442 �4; 2013 c.366 �57; 2015 c.200 �4; 2025 c.592 �131]

�� Note: See note under 109.425.

�� 109.465 Content of affidavit; notice of change in information. (1) The affidavit required under ORS 109.460 shall contain:

�� (a) The current name and address of the registrant and, where the registrant is the parent or guardian of a minor adoptee or of a minor genetic sibling of an adoptee, the current name and address of the minor adoptee or sibling;

�� (b) Any previous name by which the registrant and, where applicable, the minor, was known;

�� (c) The original or adopted names of the adopted child;

�� (d) The place and date of birth of the adopted child, if known; and

�� (e) The name and address of the agency, if known.

�� (2) The registrant shall notify the registry of any change in name or address that occurs after the registrant registers. Upon registering, the registry shall inform the registrant that the registrant has the responsibility to notify the registry of a change in address. The registry is not required to search for a registrant who fails to notify the registry of a change in address.

�� (3) A registrant may cancel the registrant�s registration at any time by giving the registry written notice of the registrant�s desire to cancel. [1983 c.672 �9; 2015 c.200 �5]

�� Note: See note under 109.425.

�� 109.470 Continuing registration by birth parent or alleged genetic parent; reregistration by minor as adult; fee. (1) When an adoptee reaches age 18, a birth parent of the adoptee, if the birth parent registered with the registry before the adoptee was age 18, shall notify the registry in writing only if the birth parent does not desire to continue the registration.

�� (2) When an adoptee reaches age 18, an alleged genetic parent of the adoptee, if the alleged genetic parent registered with the registry before the adoptee was age 18, shall notify the registry in writing only if the alleged genetic parent does not desire to continue the registration.

�� (3) When an adoptee or genetic sibling of an adoptee reaches age 18, the adoptee or sibling, if the parent or guardian of the adoptee or sibling registered with the registry before the adoptee or sibling was age 18, must reregister with the registry as an adult in accordance with ORS 109.460. If the adoptee or sibling reregisters, the registration fee will be waived.

�� (4) A registry shall notify a birth parent, alleged genetic parent or parent or guardian of a minor adoptee or of a minor genetic sibling of an adoptee of this requirement when the birth parent, alleged genetic parent or parent or guardian initially registers. [1983 c.672 �10; 1989 c.372 �3; 1997 c.442 �5; 1999 c.650 �1; 2015 c.200 �6; 2025 c.592 �132]

�� Note: See note under 109.425.

�� 109.475 Processing affidavits; notification of match. (1) Upon receipt of the affidavit under ORS

ORS 42.300

42.300�� Parties to written instrument not to deny facts recited therein

�� 42.005 [1981 c.892 �79a; 1993 c.546 �96; repealed by 2001 c.104 �13]

PRIVATE WRITINGS

�� 42.010 Private writings. All writings, other than public writings, are private and may be sealed or unsealed.

�� 42.020 Execution of a writing. The execution of a writing is the subscribing and delivering it, with or without affixing a seal.

�� 42.030 Subscribing witness. A subscribing witness is one who sees a writing executed, or hears it acknowledged, and at the request of the party thereupon signs one�s name as a witness.

�� 42.040 Proof of attested writing other than a will. Any attested writing other than a will may be proved in the same manner as though it had not been attested.

�� 42.050 [Repealed by 1981 c.892 �98]

�� 42.060 [Repealed by 1981 c.892 �98]

�� 42.070 [Repealed by 1981 c.892 �98]

�� 42.080 [Repealed by 1981 c.892 �98]

SEALS

�� 42.110 Seal defined. A seal is a particular sign made to attest in the most formal manner the execution of an instrument.

�� 42.115 Effect of presence or absence of seal. The presence or absence of a seal, corporate or otherwise, shall have no effect upon the validity, enforceability or character of any written instrument except where specifically otherwise provided by statute. A writing under seal may be modified or discharged by writing not under seal or by a valid oral agreement. [1965 c.502 �2]

�� 42.120 [Repealed by 1965 c.502 �6]

�� 42.125 Seal of state officer or state agency authorized. (1) For the purposes of ORS 40.510 (1)(a) and (d), each state officer and state agency may have a seal which, unless specifically provided otherwise by law, shall consist of an impression, imprint or likeness of the state seal accompanied by the name of the state officer or state agency.

�� (2) As used in this section:

�� (a) �Seal� has the meaning given that term in ORS 42.110.

�� (b) �State agency� means every state officer, board, commission, department, institution, branch or agency of the state government, except the Legislative Assembly and the courts and their officers and committees.

�� (c) �State officer� includes any appointed state official who is authorized by the Oregon Department of Administrative Services to have a seal and any elected state official, except members of the Legislative Assembly. [1982 s.s.1 c.14 �1; 2003 c.449 �23; 2005 c.22 �32; 2023 c.281 ��19,80]

�� 42.130 [Repealed by 1965 c.502 �6]

�� 42.140 [Repealed by 1965 c.502 �6]

WITNESSING

�� 42.141 Writing executed or acknowledged in electronic presence of witness. (1) As used in this section:

�� (a) �Electronic presence� means the relationship of two or more individuals in different locations communicating in real time to the same extent as if the individuals were physically present in the same location.

�� (b) �Law� means statutes, administrative rules and any other form of regulation imposed by this state or a political subdivision of this state.

�� (2) A witness is in the presence of a person for purposes of witnessing the execution or acknowledgment of a writing if the witness is in the physical presence or the electronic presence of the person.

�� (3) A writing that a person executes or acknowledges in the electronic presence of a witness is validly witnessed if, in addition to any other execution formalities required by law, all of the following requirements are met:

�� (a) The witness has satisfactory evidence of the identity of the person.

�� (b) While in the electronic presence of the witness, the person executes or acknowledges the writing and delivers or causes to be delivered by facsimile or electronic mail to the witness a copy of the executed signature page.

�� (c) While in the electronic presence of the person, the witness:

�� (A) Is located inside the boundaries of the United States;

�� (B) Attests to the execution or acknowledgment of the writing by signing the transmitted copy of the signature page; and

�� (C) Delivers or causes to be delivered by facsimile or electronic mail to the person the copy of the executed signature page, signed by the witness.

�� (d) The person signing the writing completes a declaration of electronic presence under penalty of perjury.

�� (e) The witness completes a declaration of remote attestation under penalty of perjury.

�� (4) A witness has satisfactory evidence of a person�s identity for the purposes of subsection (3)(a) of this section if the person is personally known to the witness or if the witness can identify the person by means of one of the following forms of identification, presented by the person to the witness while the person is in the electronic presence of the witness:

�� (a) A United States passport or an officially recognized passport of a foreign country, or a driver license or identification card issued under ORS 807.400 or a comparable provision in another state, that is current or that expired not more than three years before the date the person executes or acknowledges the writing; or

�� (b) A military identification card, an identity card issued by a federally recognized Indian tribe or other document issued by the federal government or a state, county or local government that is current or that expired no more than three years before the date the person executes or acknowledges the writing.

�� (5)(a) The declarations under subsection (3)(d) and (e) of this section may be completed contemporaneously with the execution or acknowledgment of the writing or at any time thereafter.

�� (b) The declaration of electronic presence under subsection (3)(d) of this section must be substantially in the following form:

DECLARATION

(Electronic presence)

�� Electronic presence� means the relationship of two or more individuals in different locations communicating in real time to the same extent as if the individuals were physically present in the same location.

�� I, __, signed the foregoing _ (title of document) at _____ (city), _ (state), on _ (date) and in the electronic presence of __ (witness name), whom I requested to become attesting witness.

�� I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is subject to penalty for perjury.

�� ____

�� Signature

�� (print name, address, telephone number and e-mail address)

�� (c) The declaration of remote attestation under subsection (3)(e) of this section must be substantially in the following form:

DECLARATION

(Remote attestation)

�� I, _ (witness name), was electronically present on __ (date) when _ (signer name) in my electronic presence signed the attached signature page to __ (title of document) and, at the request of the foregoing signer, I signed my name as witness at the foregoing date.

�� I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is subject to penalty for perjury.

�� ____

�� Witness signature

�� (print name, address, telephone number and e-mail address)

�� (6) A writing witnessed in compliance with subsection (3) of this section may be executed, acknowledged or witnessed in counterparts, which together shall be considered a single writing.

�� (7)(a) Subsection (3) of this section applies to the witnessing of any writing that is required by law to be executed or acknowledged in the presence of a witness.

�� (b) Notwithstanding paragraph (a) of this subsection, this section does not apply to:

�� (A) A notarial act performed by a notarial officer, as those terms are defined in ORS 194.215;

�� (B) The witnessing of the execution of a will under ORS 112.232 or 112.235; or

�� (C) The witnessing of signatures by the circulator of a petition pursuant to ORS chapter 198, 221, 248, 249, 250, 255, 261 or 545.

�� (8) Nothing in this section is intended to affect provisions of law regarding the execution of wills, including the application of ORS 112.238 to writings not executed in compliance with ORS 112.235. [2021 c.273 �1]

�� 42.150 [Repealed by 1965 c.502 �6]

�� 42.160 [Repealed by 1965 c.502 �6]

INTERPRETATION OF WRITINGS

�� 42.210 Effect of the place of execution. The language of a writing is to be interpreted according to the meaning it bears in the place of execution, unless the parties have reference to a different place.

�� 42.220 Consideration of circumstances. In construing an instrument, the circumstances under which it was made, including the situation of the subject and of the parties, may be shown so that the judge is placed in the position of those whose language the judge is interpreting.

�� 42.230 Office of judge in construing instruments. In the construction of an instrument, the office of the judge is simply to ascertain and declare what is, in terms or in substance, contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such construction is, if possible, to be adopted as will give effect to all.

�� 42.240 Intention of the parties; general and particular provisions and intents. In the construction of an instrument the intention of the parties is to be pursued if possible; and when a general and particular provision are inconsistent, the latter is paramount to the former. So a particular intent shall control a general one that is inconsistent with it.

�� 42.250 Terms construed as generally accepted; evidence of other signification. The terms of a writing are presumed to have been used in their primary and general acceptation, but evidence is admissible that they have a technical, local, or otherwise peculiar signification and were used and understood in the particular instance, in which case the agreement shall be construed accordingly.

�� 42.260 Ambiguous terms. When the terms of an agreement have been intended in a different sense by the parties, that sense is to prevail, against either party, in which the party supposed the other understood it. When different constructions of a provision are otherwise equally proper, that construction is to be taken which is most favorable to the party in whose favor the provision was made.

�� 42.270 Written words control printed form. When an instrument consists partly of written words and partly of a printed form, and the two are inconsistent, the former controls.

�� 42.280 Deciphering characters and translating languages. When the characters in which an instrument is written are difficult to be deciphered, or the language is not understood by the court, evidence of persons skilled in deciphering the characters, or who understand the language, is admissible to declare the characters or the meaning of the language.

�� 42.290 Construction of notices. A written notice is to be construed according to the ordinary acceptation of its terms. Thus, a notice to the drawers or indorsers of a bill of exchange or promissory note, that it has been protested for want of acceptance or payment, shall be held to import that it has been duly presented for acceptance or payment and refused, and that the holder looks for payment to the person to whom the notice is given.

�� 42.300 Parties to written instrument not to deny facts recited therein. Except for the recital of a consideration, the truth of the facts recited from the recital in a written instrument shall not be denied by the parties thereto, their representatives or successors in interest by a subsequent title. [1981 c.892 �83]

ORS 430.405

430.405, 435.010, 453.025, 475.005, 475.135, 475.185, 475.752, 475.906 and 616.855 and this chapter, or by any rule of the board, all actions of the board shall be by a majority of a quorum.

�� (5) All board meetings and hearings shall be open to the public. The board may, in its discretion and according to law, conduct any portion of its meeting in executive session closed to the public. [1979 c.777 �15; 1999 c.605 �7; 1999 c.1051 �138]

�� 689.195 Employees. (1) The State Board of Pharmacy may, in its discretion, employ persons in positions or capacities as it deems necessary to the proper conduct of board business and to the fulfillment of the board�s responsibilities as defined by this chapter.

�� (2) The employees of the board other than the executive director shall receive, as compensation, an annual salary payable monthly, the amount of which shall be determined by law, and reimbursement for expenses incurred in connection with performance of their official duties. [1979 c.777 �16; 1985 c.565 �102; 2009 c.756 �76]

�� 689.205 Rules. The State Board of Pharmacy shall make, adopt, amend and repeal such rules as may be deemed necessary by the board, from time to time, for the proper administration and enforcement of this chapter. Such rules shall be adopted in accordance with the procedures specified in ORS chapter 183. [1979 c.777 �17; 1985 c.565 �103]

�� 689.207 Authority of board to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the State Board of Pharmacy may require the fingerprints of a person who is:

�� (1) Applying for a license or certificate that is issued by the board;

�� (2) Applying for renewal of a license or certificate that is issued by the board; or

�� (3) Under investigation by the board. [2005 c.730 �68]

�� Note: 689.207 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 689 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 689.210 [Amended by 1961 c.216 �1; 1965 c.580 �5; 1967 c.287 �1; 1969 c.514 �6; 1973 c.743 �3a; 1973 c.827 �75; repealed by 1977 c.842 �45 and 1979 c.777 �59]

�� 689.215 [1965 c.580 �3; repealed by 1967 c.287 �3]

�� 689.220 [Repealed by 1969 c.514 �57]

PRACTICE OF PHARMACY

�� 689.225 License requirement; exceptions; possession of drugs; regulation of pharmacy technicians; rules; penalty. (1) A person may not engage in the practice of pharmacy unless the person is licensed under this chapter or authorized in another state or United States territory and is practicing under ORS 676.347. Nothing in this section prevents physicians, dentists, veterinarians or other practitioners of the healing arts who are licensed under the laws of this state from dispensing and administering prescription drugs to their patients in the practice of their respective professions where specifically authorized to do so by law of this state.

�� (2) A person may not take, use or exhibit the title of pharmacist or the title of druggist or apothecary, or any other title or description of like import unless the person is licensed to practice pharmacy under this chapter.

�� (3) A pharmacist may not possess personally or store drugs other than in a licensed pharmacy except for those drugs legally prescribed for the personal use of the pharmacist or when the pharmacist possesses or stores the drugs in the usual course of business and within the pharmacist�s scope of practice. An employee, agent or owner of any registered manufacturer, wholesaler or pharmacy may lawfully possess legend drugs if the person is acting in the usual course of the business or employment of the person.

�� (4) The State Board of Pharmacy shall adopt rules relating to the use of pharmacy technicians. For retail and institutional drug outlets, the board shall adopt rules that include requirements for training, including provisions for appropriate on-the-job training, guidelines for adequate supervision, standards and appropriate ratios for the use of pharmacy technicians. Improper use of pharmacy technicians is subject to the reporting requirements of ORS 689.455.

�� (5) The mixing of intravenous admixtures by pharmacy technicians working under the supervision, direction and control of a pharmacist is authorized and does not constitute the practice of pharmacy by the pharmacy technicians.

�� (6) Any person who is found to have unlawfully engaged in the practice of pharmacy is guilty of a Class A misdemeanor. [1979 c.777 �21; 1983 c.402 �3; 1985 c.565 �104; 1989 c.608 �2; 1997 c.729 �2; 2001 c.278 �1; 2009 c.326 �3; 2017 c.409 �33; 2022 c.45 �26; 2022 c.62 �9]

�� 689.230 [Amended by 1967 c.287 �2; 1969 c.514 �7; repealed by 1977 c.842 �45 and 1979 c.777 �59]

�� 689.235 [1969 c.514 �8; repealed by 1977 c.842 �45 and 1979 c.777 �59]

�� 689.240 [Amended by 1963 c.96 �3; 1967 c.183 �2; 1969 c.514 �9; repealed by 1977 c.842 �45 and 1979 c.777 �59]

�� 689.245 [1979 c.777 �18; 1985 c.565 �105; renumbered 689.151 in 1997]

�� 689.250 [Amended by 1955 c.132 �1; 1963 c.96 �4; 1965 c.580 �6; 1967 c.183 �3; 1969 c.514 �10; 1973 c.612 �24; 1975 c.686 �9; repealed by 1979 c.777 �59]

�� 689.255 Qualifications for licensure by examination. (1) To obtain a license to engage in the practice of pharmacy, an applicant for licensure by examination shall:

�� (a) Have submitted a written application in the form prescribed by the State Board of Pharmacy.

�� (b) Have attained the age of 18 years.

�� (c) Be of good moral character and temperate habits.

�� (d) Have completed requirements for the first professional undergraduate degree as certified by a school or college of pharmacy which has been approved by the board.

�� (e) Have completed an internship or other program which has been approved by the board, or demonstrated to the board�s satisfaction experience in the practice of pharmacy which meets or exceeds the minimum internship requirements of the board.

�� (f) Have successfully passed an examination approved by the board.

�� (g) Have paid the fees specified by the board for examination and issuance of license.

�� (2)(a) The board shall approve the content and subject matter of each examination and determine which persons have successfully passed the examination.

�� (b) The examination shall be prepared to measure the competence of the applicant to engage in the practice of pharmacy. The board may employ and cooperate with any organization or consultant in the preparation and grading of an appropriate examination, but shall retain the sole discretion and responsibility of determining which applicants have successfully passed such an examination.

�� (3)(a) All applicants for licensure by examination shall obtain professional and practical experience in the practice of pharmacy concurrent with or after college attendance, or both, under such terms and conditions as the board shall determine.

�� (b) The board shall establish standards for internship or any other program necessary to qualify an applicant for the licensure examination based on nationally recognized standards of practice and shall also determine the necessary qualifications of any preceptors used in any internship or other program.

�� (4) Any person who has received a professional degree from a school or college of pharmacy located outside the United States which has not been approved by the board, but who is otherwise qualified to apply for a license to practice pharmacy in the State of Oregon may be deemed to have satisfied the degree requirements of subsection (1)(d) of this section by verification to the board of the academic record and graduation of the person and by meeting such other requirements as the board may establish. The board may require such person to successfully pass an examination or examinations given or approved by the board to establish proficiency in English and equivalency of education of such person with qualified graduates of a degree program referred to in subsection (1)(d) of this section as a prerequisite of taking the licensure examination provided for in subsection (1)(f) of this section.

�� (5) An applicant meets the requirements of subsection (1)(e) or (3) of this section if the applicant provides the board with documentation of military experience that the board determines is substantially equivalent to the experience required by subsection (1)(e) or (3) of this section. [1979 c.777 �22; 1987 c.108 �4; 1999 c.59 �205; 2009 c.756 �77; 2012 c.43 �22]

�� 689.260 [Amended by 1969 c.514 �12; repealed by 1977 c.842 �45 and 1979 c.777 �59]

�� 689.265 Qualifications for licensure by reciprocity. (1) To obtain a license as a pharmacist by reciprocity, an applicant for licensure shall:

�� (a) Have submitted a written application in the form prescribed by the State Board of Pharmacy.

�� (b) Have attained the age of 18 years.

�� (c) Have good moral character and temperate habits.

�� (d) Have possessed at the time of initial licensure as a pharmacist such other qualifications necessary to have been eligible for licensure at that time in this state.

�� (e) Have engaged in the practice of pharmacy for a period of at least one year or have met the internship requirements of this state within the one-year period immediately previous to the date of such application.

�� (f) Have presented to the board proof of initial licensure by examination and proof that such license and any other license or licenses granted to the applicant by any other state or states have not been suspended, revoked, canceled or otherwise restricted for any reason except nonrenewal or the failure to obtain required continuing education credits in any state where the applicant is licensed but not engaged in the practice of pharmacy.

�� (g) Have successfully passed an examination in jurisprudence approved by the board.

�� (h) Have paid the fees specified by the board for issuance of a license.

�� (i) Have submitted to the board proof of a professional degree that meets the requirements of ORS 689.255 (4), if the applicant has received a professional degree from a school or college of pharmacy located outside the United States.

�� (2) No applicant shall be eligible for licensure by reciprocity unless the state in which the applicant was initially licensed as a pharmacist also grants reciprocal licensure to pharmacists duly licensed by examination in this state, under like circumstances and conditions. [1979 c.777 �23; 2001 c.585 �1; 2009 c.756 �78]

�� 689.270 [Amended by 1963 c.586 �5; 1969 c.514 �14; repealed by 1977 c.842 �45 and 1979 c.777 �59]

�� 689.275 Renewal of licenses; rules; fees. (1) Each pharmacist shall apply for renewal of license annually no later than June 30 or no later than such date as may be specified by rule of the State Board of Pharmacy. The board shall renew the license of each pharmacist who is qualified to engage in the practice of pharmacy.

�� (2) The board shall specify by rule the procedures to be followed, in addition to those specified by ORS 689.285, and the fees to be paid for renewal of licenses.

�� (3)(a) All pharmacists in good standing who have been licensed pharmacists for at least 20 years and who are retired from practice of pharmacy are exempt from further payment of license fees until they again engage in the practice of pharmacy. No retired pharmacist shall engage in the practice of pharmacy without first paying all fees for the year in which the pharmacist resumes practice and producing evidence satisfactory to the board of continued professional competence.

�� (b) Failure to comply with the requirements of paragraph (a) of this subsection shall be considered the practice of pharmacy without a license. [1979 c.777 �24; 2007 c.768 �51]

�� 689.280 [1965 c.580 �2; 1967 c.183 �4; 1969 c.514 �13; 1973 c.743 �4; repealed by 1977 c.842 �45 and 1979 c.777 �59]

�� 689.285 Continuing education; rules; fees. (1) The Legislative Assembly finds and declares that:

�� (a) The continuous introduction of new medical agents and the changing concepts of the delivery of health care services in the practice of pharmacy make it essential that a pharmacist undertake a continuing education program in order to maintain professional competency and improve professional skills;

�� (b) The state has a basic obligation to regulate and control the profession of pharmacy in order to protect the public health and welfare of its citizens; and

�� (c) It is the purpose of this chapter to protect the health and welfare of Oregon citizens and to ensure uniform qualifications and continued competency of licensed pharmacists by requiring participation in a continuing pharmacy education program as a condition for renewal of licenses to practice pharmacy.

�� (2) All pharmacists licensed in the State of Oregon on and after October 3, 1979, shall satisfactorily complete courses of study and satisfactorily continue their education by other means as determined by the State Board of Pharmacy in subjects relating to the practice of the profession of pharmacy in order to be eligible for renewal of licenses.

�� (3) In accordance with applicable provisions of ORS chapter 183, the board shall adopt reasonable rules:

�� (a) Prescribing the procedure and criteria for approval of continuing pharmacy education programs, including the number of hours of courses of study necessary to constitute a continuing pharmacy education unit and the number of continuing pharmacy education units required annually for renewal of a pharmacist license.

�� (b) Prescribing the scope of the examinations given by the board including grading procedures.

�� (c) Prescribing the content of the form to be submitted to the board certifying completion of an approved continuing pharmacy education program.

�� (d) Necessary to carry out the provisions of this chapter.

�� (e) Prescribing the completion, at initial licensure and every 36 months thereafter, of:

�� (A) A one-hour pain management education program approved by the board and developed based on recommendations of the Pain Management Commission; or

�� (B) An equivalent pain management education program, as determined by the board.

�� (4) In adopting rules pursuant to subsection (3) of this section, the board shall consider:

�� (a) The need for formal regularly scheduled pharmacy education programs.

�� (b) Alternate methods of study including home-study courses, seminars or other such programs for those persons who, upon written application to the board and for good cause shown, demonstrate their inability to attend regularly scheduled formal classroom programs.

�� (c) The necessity for examinations or other evaluation methods used to ensure satisfactory completion of the continuing pharmacy education program.

�� (5) The board may contract for the providing of educational programs to fulfill the requirements of this chapter. The board is further authorized to treat funds set aside for the purpose of continuing education as state funds for the purpose of accepting any funds made available under federal law on a matching basis for the promulgation and maintenance of programs of continuing education. In no instance shall the board require a greater number of hours of study than it provides or approves in the State of Oregon and which are available on the same basis to all licensed pharmacists.

�� (6) The board may levy an additional fee, established by the board by rule, for each license renewal to carry out the provisions of this chapter. [1979 c.777 �26; 1983 c.402 �5; 1985 c.565 �106; 1993 c.571 �6; 1993 c.742 �55; 2001 c.281 �1; 2005 c.162 �3; 2013 c.514 �8; 2021 c.50 �11]

�� 689.290 [1969 c.514 �56; 1971 c.92 �2; 1973 c.743 �5; 1977 c.745 �43; repealed by 1977 c.842 �45 and 1979 c.777 �59]

�� 689.295 Practice of clinical pharmacy. In accordance with rules adopted by the State Board of Pharmacy under ORS

ORS 432.230

432.230; 2017 c.100 �2; 2025 c.592 �25]

�� Note: The amendments to 432.245 by section 26, chapter 592, Oregon Laws 2025, become operative January 1, 2027. See section 153, chapter 592, Oregon Laws 2025. The text that is operative on and after January 1, 2027, is set forth for the user�s convenience.

�� 432.245. (1) For a person born in this state, the State Registrar of the Center for Health Statistics shall amend a record of live birth and establish a replacement for the record of live birth if the state registrar receives one of the following:

�� (a) A report of adoption as provided in ORS 432.223 or a certified copy of the judgment of adoption from a court of competent jurisdiction, with the information necessary to identify the original record of live birth and to establish a replacement for the record of live birth, unless the court ordering the adoption requests that a replacement for the record of live birth not be established;

�� (b) A request that a replacement for the record of live birth be prepared to establish parentage, as prescribed by the state registrar by rule, or as ordered by a court of competent jurisdiction that has adjudicated a person�s parentage of a child;

�� (c) A written and notarized request that a replacement for the record of live birth be prepared to establish parentage, if the request includes an acknowledgment and, if applicable, denial of parentage signed by the parent who gave birth to the child and the child�s alleged genetic parent, presumed parent or, if the child was conceived by assisted reproduction, other than under a surrogacy agreement, intended parents;

�� (d) A certified copy of a judgment from a court of competent jurisdiction changing a person�s sex and, if applicable, name; or

�� (e) A request approved by the state registrar under ORS 432.235 (3)(b)(B).

�� (2) To change a person�s name under subsection (1) of this section, the request or court order must include both the name that appears on the record of live birth at the time of the request and the name to be designated on the replacement for the record of live birth. The designated name of the person must appear on the replacement for the record of live birth.

�� (3) Upon receipt of a certified copy of a court order to change the name of a person born in this state as authorized by 18 U.S.C. 3521 et seq., the state registrar shall create a replacement for the record of live birth to show the new information as specified in the court order.

�� (4) When a replacement for a record of live birth is prepared, the city, county and date of live birth must be included in the replacement for the record of live birth. The replacement for the record of live birth must be substituted for the original record of live birth. The original record of live birth and all evidence submitted with the request or court order for the replacement for the record of live birth must be placed under seal and is not subject to inspection, except upon the order of a court of competent jurisdiction in this state or as provided by rule of the state registrar.

�� (5) Upon receipt of an amended judgment of adoption, the record of live birth shall be amended by the state registrar as provided by the state registrar by rule.

�� (6) Upon receipt of a report of annulment of adoption or a court order annulling an adoption, the original record of live birth must be restored. The replacement for the record of live birth is not subject to inspection, except upon the order of a court of competent jurisdiction in this state or as provided by rule of the state registrar.

�� (7) The state registrar shall prepare and register a record of foreign live birth for a person born in a foreign country who is not a citizen of the United States and for whom a judgment of adoption was issued by a court of competent jurisdiction in this state if the court, the parents adopting the child or the adopted person, if the adopted person is 18 years of age or older, requests the record. The record must be labeled �Record of Foreign Live Birth� and shall show the actual country of live birth. After registering the record of foreign live birth in the new name of the adopted person, the record must be placed under seal and is not subject to inspection, except upon the order of a court of competent jurisdiction or as provided by rule of the state registrar.

�� (8) If there is no record of live birth for a person for whom a replacement for the record of live birth is sought under this section, and if the court order indicates a date of live birth more than one year from the date submitted to the Center for Health Statistics, the replacement for the record of live birth must be created as a delayed record of live birth.

�� (9) A replacement for the record of live birth may not be created under this section if the date and place of live birth have not been indicated in the court order.

�� 432.250 Access to adoption records. The documents forwarded to the State Registrar of the Center for Health Statistics or sealed under ORS 432.245 may be opened by the state registrar only upon receiving an order from a court of competent jurisdiction or when requested by an agency operating a voluntary adoption registry established under ORS 109.450 for the purpose of facilitating the identification of persons registering under the provisions of ORS 109.425 to 109.507. [Formerly 432.420; 2015 c.200 �17]

�� 432.253 Adding or changing genetic parent on original record of live birth; rules; fees. (1) If an original record of live birth for a person at least 21 years of age was sealed under ORS 432.245 and was later opened under ORS 432.228 or 432.250, and the paternity or parentage of the person has been determined by DNA (deoxyribonucleic acid) testing or by other means, the person may apply to the Center for Health Statistics to add or change the name of a genetic parent on the original record of live birth.

�� (2) An application under this section must include:

�� (a) Evidence of a DNA test or other evidence that shows that the person whose name is to be entered as a genetic parent is the genetic parent of the applicant; and

�� (b)(A) If the person whose name is to be entered as a genetic parent is living, an affidavit attesting that the person is a genetic parent of the applicant and that the name to be entered is that of the genetic parent that was omitted from the original record of live birth; or

�� (B) If the person whose name is to be entered as a genetic parent is deceased, an affidavit from the personal representative or a relative of the person attesting that the person is a genetic parent of the applicant and that the name to be entered is that of the genetic parent that was omitted from the original record of live birth.

�� (3) If the name of a genetic parent is entered on an original record of live birth under this section:

�� (a) A person may only obtain a noncertified copy of a record of live birth amended under this section.

�� (b) A notation indicating that the record was amended must be shown on all copies of the record.

�� (c) The center shall prominently display the following language on all copies of the record: �THIS RECORD OF LIVE BIRTH MAY NOT BE USED FOR ANY LEGAL PURPOSE AND DOES NOT CREATE ANY LEGAL RIGHTS FOR THE CHILD OR THE PARENTS LISTED ON THE RECORD.�

�� (4) The center shall adopt rules regarding:

�� (a) The establishment and collection of fees for the preparation and registration of an amended original record of live birth and for the issuance of a noncertified copy of an amended original record of live birth under this section.

�� (b) Consent and affidavit forms, proof of identification requirements and the evidentiary requirements to substantiate that a person is an omitted genetic parent of an applicant under this section. [2023 c.157 �2; 2024 c.21 �1; 2025 c.592 �148]

�� 432.255 [Repealed by 1983 c.709 �45]

�� 432.260 [Amended by 1981 c.6 �1; repealed by 1983 c.709 �45]

�� 432.265 [Repealed by 1983 c.709 �45]

�� 432.266 [2005 c.769 �1; renumbered 432.148 in 2013]

�� 432.270 [Repealed by 1983 c.709 �45]

�� 432.275 [Repealed by 1983 c.709 �45]

�� 432.280 [Repealed by 1983 c.709 �45]

�� 432.285 [1995 c.514 �3; 1997 c.783 �26; 2013 c.366 �11; renumbered 432.093 in 2013]

�� 432.287 [1995 c.514 �4; 1997 c.783 �27; 1999 c.80 �21; 2009 c.595 �615; 2013 c.366 �12; renumbered 432.098 in 2013]

�� 432.289 [1995 c.514 �4a; renumbered

ORS 432.445

432.445 and subsection (2) of this section, the Oregon Health Authority shall establish fees for the services provided under this chapter.

�� (2) The State Registrar of the Center for Health Statistics shall search the system of vital statistics and issue certified copies or other documents, as appropriate, without charge if the search or issuance is:

�� (a) Requested in connection with a pending application for benefits from the United States Department of Veterans Affairs, if proof of the application is first submitted; or

�� (b) In response to an administrative error as determined by the state registrar.

�� (3) Fees collected under this section must be deposited in the Oregon Health Authority Fund and are continuously appropriated to the Center for Health Statistics for the purpose of administering this chapter. [Formerly 432.146; 2017 c.540 �4]

�� 432.440 County registrar sale of certified copies of records of live birth and death; rules. The Oregon Health Authority shall adopt, taking into consideration local service needs and interests, rules to allow a county registrar to sell, within six months of the date of the event occurring in the county, certified copies of records of live birth and death. [Formerly

ORS 433.390

433.390 and the regulations promulgated hereunder and shall not be considered a license or tax within the meaning of ORS 609.100. [1971 c.413 �10]

�� 433.385 Impoundment of animals; notice to owner; redeeming animal; disposition of animals. (1) Any animal in violation of ORS 433.365 shall be apprehended and impounded.

�� (2) All animals apprehended and impounded under this section shall be held in adequate and sanitary pounds to be established or contracted for in each county by the governing body of the county. All animals so impounded shall be given proper care and maintenance.

�� (3) When an animal is apprehended and impounded, the owner, if known, shall be given notice of not less than five days from the date of such impounding before the animal is destroyed or otherwise disposed of. An owner appearing to redeem the animal may do so if the provisions of ORS 433.365 are complied with and if the owner pays the expense of keeping the animal during the time it was impounded and in addition thereto, the sum established by the county governing body. If the animal is subject to any other impounding law the requirements for release under that law shall also be met except that the expense of keeping the animal shall be payable only once for the period of impoundment. If the owner does not appear to redeem the animal after the notice provided for herein, or otherwise, after five days, or if the owner is not known, after three days, the governing body of the county may provide for animals impounded to be released to any other person upon the conditions outlined in this subsection or otherwise disposed of in a humane manner.

�� (4) If the owner desires to redeem an animal impounded pursuant to this section or the animal is to be released to any other person as provided in subsection (3) of this section, the person shall post a $20 deposit with the county and obtain possession of the animal for the purpose of complying with ORS 433.365. The county shall refund the deposit to a person who, on or before the eighth day after obtaining possession of the animal, demonstrates proof of rabies inoculation or exemption from the inoculation requirement and, if applicable, proof of purchase of a license as required under ORS 609.100. Failure to demonstrate proof of rabies inoculation or exemption and proof of licensing within the prescribed time shall forfeit the deposit to the county.

�� (5) The governing body of the county shall designate persons responsible for the enforcement of this section. [1971 c.413 �11; 1977 c.189 �7; 2001 c.636 �4]

�� 433.390 County dog control fund; sources and uses. (1) All moneys received by a county under ORS 433.340 to 433.390 and 433.990 (6) shall be paid to the county dog control fund.

�� (2) The governing body of the county may, in the event of a rabies outbreak within the county, use such portion of the dog control fund as it deems necessary to purchase rabies vaccine for administration to animals under the direction of the state and local health officers. [1971 c.413 �12; 1977 c.189 �8; 1987 c.158 �78; 1987 c.905 �22; 2001 c.104 �156; 2007 c.445 �31]

�� 433.405 [Amended by 1973 c.779 �4; 1979 c.828 �5; repealed by 1981 c.198 �2]

PROCEDURE WHERE WORKERS EXPOSED TO INFECTIOUS DISEASE

�� 433.407 Definitions for ORS 433.407 to 433.423. As used in ORS 433.407 to 433.423 unless the context requires otherwise:

�� (1) �Authority� means the Oregon Health Authority.

�� (2) �Health care facility� means a facility as defined in ORS 442.015 and a mental health facility, alcohol treatment facility or drug treatment facility licensed or operated under ORS chapter 426 or 430.

�� (3) �Worker� means a person who is licensed or certified to provide health care under ORS chapter 677, 678, 679, 680, 684 or 685 or ORS 682.216, an employee of a health care facility, of a licensed health care provider or of a clinical laboratory as defined in ORS 438.010, a firefighter, a law enforcement officer as defined in ORS 414.805, a corrections officer or a parole and probation officer. [1989 c.949 �2; 1993 c.196 �8; 2005 c.264 �24; 2009 c.595 �671; 2011 c.720 �195]

�� Note: 433.407 to 433.423 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 433 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 433.410 [Amended by 1973 c.779 �5; repealed by 1981 c.198 �2]

�� 433.411 Legislative finding. The Legislative Assembly finds that by reason of and in the course of their employment, health care workers and emergency response employees, are subject to exposure to infectious diseases, that this exposure is not fully preventable due to the nature of their duties and that health care workers should be informed of exposure to infectious diseases as soon as is practicable to initiate appropriate medical care and to prevent exposing other persons to infectious diseases. [1989 c.949 �1]

�� Note: See note under 433.407.

�� 433.415 [Amended by 1973 c.779 �6; 1979 c.590 �1; 1979 c.828 �6; repealed by 1981 c.198 �2]

�� 433.416 When employer to provide preventive immunization. (1) An employer of a health care worker at risk of contracting an infectious disease in the course of employment shall provide to the worker preventive immunization for infectious disease if such preventive immunization is available and is medically appropriate.

�� (2) Such preventive immunization shall be provided by the employer at no cost to the worker.

�� (3) A worker shall not be required as a condition of work to be immunized under this section, unless such immunization is otherwise required by federal or state law, rule or regulation. [1989 c.949 �3]

�� Note: See note under 433.407.

�� 433.419 Notice to employer and worker of exposure. When a local health department or the Oregon Health Authority learns of a case or suspected case of an infectious disease which may have exposed a worker to risk of infection, the local health department or the authority shall make every reasonable effort to notify the worker and employer of the exposure as soon as medically appropriate given the urgency of the disease or suspected disease. Notification shall include recommendations to the worker and employer that are medically appropriate. [1989 c.949 �4; 2009 c.595 �672]

�� Note: See note under 433.407.

�� 433.420 [Amended by 1973 c.779 �7; 1979 c.828 �7; repealed by 1981 c.198 �2]

�� 433.423 Content of rules. (1) The Oregon Health Authority shall adopt rules implementing ORS 433.407 to

ORS 44.415

44.415 (2).

�� (2) If a person fails to comply with a subpoena so issued or a party or witness refuses to testify on any matters, the judge of the circuit court of any county, on the application of the director, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. [1987 c.148 �12; 1989 c.980 �15a]

�� 645.215 Notice of orders; hearing. (1) Except as provided in ORS 183.745, upon the entry of an order under this chapter, the director shall promptly give to all interested persons notice of the order and notice that a hearing will be held on the order if a written demand for a hearing is filed with the director within 20 days after the date of service of the order.

�� (2) If timely demand for a hearing is filed, the director shall hold a hearing on the order as provided by ORS chapter 183. In the absence of a timely demand for a hearing, no person shall be entitled to judicial review of the order.

�� (3) After the hearing, the director shall enter a final order vacating, modifying or affirming the order. [1987 c.148 �13; 1991 c.734 �57a]

�� 645.220 Appeal of order; modification of order. (1) A person aggrieved by an order of the director which has been the subject of a timely application for hearing before the director shall be entitled to judicial review of the order under ORS chapter 183.

�� (2) No judgment of a reviewing court under ORS chapter 183 shall bar the director from thereafter vacating or modifying an order involved in the proceeding for review, or entering any new order, for a proper cause which was not decided by the reviewing court. [1987 c.148 �14; 2003 c.576 �527]

�� 645.225 Action to compel compliance with rule or order; attorney fees; claim; disposition of recovery. (1) Whenever it appears to the director that a person has engaged in an act or practice constituting a violation of any provision of this chapter or any rule or order of the director, the director may bring an action in the name and on behalf of the State of Oregon in any circuit court of this state to enjoin the acts or practices and to enforce compliance with this chapter or such rule or order. Upon a proper showing, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted. If the court finds that the defendant has violated any provision of this chapter or any such rule or order, the court may appoint a receiver, who may be the director, for the defendant or the defendant�s assets. The court may not require the director to post a bond. The court may award reasonable attorney fees to the director if the director prevails in an action under this section. The court may award reasonable attorney fees to a defendant who prevails in an action under this section if the court determines that the director had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court.

�� (2) The director may include in any action authorized by subsection (1) of this section:

�� (a) A claim for restitution on behalf of persons injured by the act or practice constituting the subject matter of the action; and

�� (b) A claim for disgorgement of illegal gains or profits derived.

�� (3) Any recovery under subsection (2) of this section shall be turned over to the General Fund of the State Treasury unless the court requires other disposition. [1987 c.148 �15; 1995 c.696 �32]

�� 645.230 Allegations of complaint; burden of proof. It is not necessary to negate any of the exemptions or classifications provided in this chapter in a complaint, action, information, indictment or other writ or proceeding laid or brought under this chapter; and the burden of proof of an exemption or classification shall be upon the party claiming the benefit of such exemption or classification. [1987 c.148 �16]

MISCELLANEOUS

�� 645.300 Good faith actions not subject to liability. No provision of this chapter imposing civil or criminal liability shall apply to an act done or omitted in good faith in conformity with a rule or order of the director, notwithstanding that the rule or order may later be amended or rescinded or be determined by judicial or other authority to be invalid for any reason. [1987 c.148 �17]

�� 645.305 Jurisdiction of courts. The courts of this state shall have jurisdiction over any person, including a nonresident of this state, who engages in any act or practice constituting a violation of any provision of this chapter or any rule or order of the director. [1987 c.148 �18]

�� 645.310 Construction of chapter; purpose. This chapter may be construed and implemented to effectuate its general purpose to protect investors and speculators, to prevent and prosecute illegal and fraudulent schemes involving commodity contracts and to maximize coordination with federal and other states� law and the administration and enforcement thereof. [1987 c.148 �2]

�� 645.315 Short title. This chapter shall be known as the Oregon Commodity Code. [1987 c.148 �1]

�� 645.320 Effect of chapter on Oregon Securities Law. Nothing in this chapter shall impair, derogate or otherwise affect the authority or powers of the director under the Oregon Securities Law or the application of any provision thereof to any person or transaction. [1987 c.148 �9]

PENALTIES

�� 645.950 Civil penalty. (1) In addition to all other penalties and enforcement provisions provided by law, the director or a court may assess a penalty of not more than $5,000 for every violation, which shall be paid to the General Fund of the State Treasury, against any person who violates, or who participates or materially aids another person in a violation, or who procures, aids or abets the violation of this chapter or any rule or order of the director.

�� (2) Every violation is a separate offense and, in the case of a continuing violation, each day�s continuance is a separate violation, but the maximum penalty for any continuing violation shall not exceed $20,000.

�� (3) Civil penalties under this section shall be imposed as provided in ORS 183.745. [1987 c.148 �22; 1989 c.179 �4; 1991 c.734 �58]

�� 645.990 Criminal penalty. Violation of any provision of this chapter or any rule adopted by the director under this chapter is a Class B felony. [1987 c.148 �21]

ORS 441.790

441.790, the commissioner shall proceed on the complaint in accordance with this section.

�� (4) The commissioner shall deem a complaint filed under subsection (2) of this section to be withdrawn if notified by an employer that:

�� (a) The employer received a grievance filed by the employee or an exclusive representative of the employee alleging the same violation as the violation alleged in a complaint filed under subsection (2) of this section; or

�� (b) The employee or the exclusive representative of the employee has filed a civil complaint against the employer alleging the same violation as the violation alleged in a complaint filed under subsection (2) of this section.

�� (5) If the commissioner receives a complaint under subsection (2)(a) of this section that was filed with the authority more than 60 days after the date of the missed meal period or missed rest period alleged in the complaint, the commissioner:

�� (a) Shall dismiss the complaint; and

�� (b) May not investigate the complaint or take any enforcement action with respect to the complaint.

�� (6)(a) Following an investigation of a complaint filed under subsection (2)(a) of this section, if the commissioner determines that a civil penalty is appropriate, the commissioner shall provide to the hospital, to the cochairs of the relevant staffing committee and to the exclusive representative, if any, of the complainant a notice, in accordance with ORS 183.415, 183.417 and 183.745, of the commissioner�s intent to assess a civil penalty of $200.

�� (b) A civil penalty imposed under this section:

�� (A) Constitutes the liquidated damages of the complainant for the missed meal period or rest period;

�� (B) May not be combined with a penalty assessed under ORS 653.256;

�� (C) Precludes any other penalty or remedy provided by law for the violation found by the commissioner; and

�� (D) Becomes final if an application for hearing is not requested in a timely manner.

�� (7)(a) The liquidated damages imposed under this section shall be paid to the complainant no later than 15 business days after the date on which the order becomes final by operation of law or 15 days after the issuance of a decision on appeal.

�� (b) A hospital shall provide to the commissioner proof of the payment of liquidated damages under paragraph (a) of this subsection no later than 30 days after making the payment.

�� (8) An employee�s failure to file a complaint under subsection (2) of this section does not preclude the employee from pursuing any other remedy otherwise available to the employee under any provision of law.

�� (9) Nothing in this section creates a private cause of action. [2023 c.507 �11]

�� 653.260 [Repealed by 1967 c.596 �15]

�� 653.261 Minimum employment conditions; overtime; rules; meal periods; exemptions; penalty. (1)(a) The Commissioner of the Bureau of Labor and Industries may adopt rules prescribing such minimum conditions of employment, excluding minimum wages, in any occupation as may be necessary for the preservation of the health of employees. The rules may include, but are not limited to, minimum meal periods and rest periods, and maximum hours of work, but not less than eight hours per day or 40 hours per workweek; however, after 40 hours of work in one workweek overtime may be paid, but in no case at a rate higher than one and one-half times the regular rate of pay of the employees when computed without benefit of commissions, overrides, spiffs and similar benefits.

�� (b) As used in this subsection, �workweek� means a fixed period of time established by an employer that reflects a regularly recurring period of 168 hours or seven consecutive 24-hour periods. A workweek may begin on any day of the week and any hour of the day and need not coincide with a calendar week. The beginning of the workweek may be changed if the change is intended to be permanent and is not designed to evade overtime requirements.

�� (2) Rules adopted by the commissioner pursuant to subsection (1) of this section do not apply to individuals employed by this state or a political subdivision or quasi-municipal corporation thereof if other provisions of law or collective bargaining agreements prescribe rules pertaining to conditions of employment referred to in subsection (1) of this section, including meal periods, rest periods, maximum hours of work and overtime.

�� (3) Except as provided in ORS 653.258 (2)(a), rules adopted by the commissioner pursuant to subsection (1) of this section regarding meal periods and rest periods do not apply to nurses who provide acute care in hospital settings if provisions of collective bargaining agreements entered into by the nurses prescribe rules concerning meal periods and rest periods.

�� (4)(a) The commissioner shall adopt rules regarding meal periods for employees who serve food or beverages, receive tips and report the tips to the employer.

�� (b) In rules adopted by the commissioner under paragraph (a) of this subsection, the commissioner shall permit an employee to waive a meal period. However, an employer may not coerce an employee into waiving a meal period.

�� (c) Notwithstanding ORS 653.256 (1), in addition to any other penalty provided by law, the commissioner may assess a civil penalty not to exceed $2,000 against an employer that the commissioner finds has coerced an employee into waiving a meal period in violation of this subsection. Each violation is a separate and distinct offense. In the case of a continuing violation, each day�s continuance is a separate and distinct violation.

�� (d) Civil penalties authorized by this subsection shall be imposed in the manner provided in ORS 183.745. All sums collected as penalties under this subsection shall be applied and paid over as provided in ORS 653.256 (4). [1967 c.596 �5 (2), (3); 1971 c.492 �1; 1981 c.361 �2; 1985 c.99 �9; 2001 c.466 �1; 2007 c.167 ��1,2; 2011 c.58 �1; 2017 c.685 ��6,7; 2023 c.507 �27]

�� 653.263 Overtime for persons employed by seafood processors. (1) As used in this section:

�� (a) �Seafood processor� means a cannery, drier or packing plant that processes seafood.

�� (b) �Workweek� means a fixed period of time established by an employer that reflects a regularly recurring period of 168 hours or seven consecutive 24-hour periods. A workweek may begin on any day of the week and any hour of the day and need not coincide with a calendar week. The beginning of the workweek may be changed if the change is intended to be permanent and is not designed to evade overtime requirements.

�� (2) An employer may not require or permit an employee employed by a seafood processor to work more than 10 hours in any one day unless the employer compensates the employee as follows:

�� (a) One and one-half times the employee�s regular rate of pay for each hour the employee works over 10 hours in any one day if the employee is an hourly employee; or

�� (b) One and one-half times the regular price for all work done during the time the employee is employed over 10 hours per day if the employee is a piece worker.

�� (3) This section does not apply to:

�� (a) An employee who is engaged in manufacturing, as defined in ORS 652.020; or

�� (b) An employee whose principal duties are administrative in nature or who does not otherwise, in the usual course of the employee�s duties, come into contact with the direct processing of goods. [2017 c.685 �10]

�� Note: 653.263 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 653 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 653.265 Overtime for persons employed in canneries, driers and packing plants; exceptions; remedies; penalties. (1) As used in this section:

�� (a) �Perishable product� means any product that may spoil, deteriorate or undergo other material changes that render it unsuitable for the use for which it was produced. �Perishable product� includes agricultural crops, meat and fish.

�� (b) �Undue hardship period� means the period of time during which perishable product must be processed after harvesting, slaughter or catch.

�� (c) �Workweek� means a fixed period of time established by an employer that reflects a regularly recurring period of 168 hours or seven consecutive 24-hour periods. A workweek may begin on any day of the week and any hour of the day and need not coincide with a calendar week. The beginning of the workweek may be changed if the change is intended to be permanent and is not designed to evade overtime requirements.

�� (2)(a) Except as provided in paragraphs (b) to (d) of this subsection, an employer may not require or permit an employee employed in any cannery, drier or packing plant in this state to work more than:

�� (A) 10 hours in any one day; or

�� (B) 55 hours in one workweek.

�� (b) An employer may permit an employee described in paragraph (a) of this subsection to work up to 60 hours in one workweek if the employee requests or consents in writing to work more than 55 hours in the workweek.

�� (c) Notwithstanding paragraph (b) of this subsection, during the period of time that an employer is eligible for an undue hardship period exemption under subsection (5) of this section, an employer may permit an employee described in paragraph (a) of this subsection to work:

�� (A) Up to 84 hours per workweek for four workweeks; and

�� (B) Up to 80 hours per workweek for the remainder of the undue hardship period.

�� (d) An employer may permit an employee described in paragraph (a) of this subsection to work more than 10 hours in any one day if the employer compensates the employee as follows:

�� (A) One and one-half times the employee�s regular rate of pay for each hour the employee works over 10 hours in any one day if the employee is an hourly employee; or

�� (B) One and one-half times the regular price for all work done during the time the employee is employed over 10 hours per day if the employee is a piece worker.

�� (3) An employer shall calculate an employee�s overtime on a daily basis under subsection (2)(d) of this section and on a weekly basis under ORS 653.261 (1) and pay the greater of the two amounts if, during the same workweek, the employee works more than:

�� (a) 10 hours in one day as described in subsection (1) of this section; and

�� (b) 40 hours in one workweek as described in ORS 653.261 (1).

�� (4) An employer that makes an overtime payment to an employee pursuant to subsection (3) of this section satisfies the overtime compensation requirements under this section and ORS 653.261 (1).

�� (5)(a) An employer is eligible for an undue hardship period exemption from the restrictions on work hours under subsection (2)(a) of this section if the employer, in the ordinary course of the employer�s business, processes perishable products. The undue hardship period exemption shall be effective only during an undue hardship period. An employer may be eligible for more than one undue hardship period exemption in a calendar year. However, the combined total duration of the employer�s undue hardship period exemptions may not exceed 21 workweeks in a calendar year.

�� (b) To claim an undue hardship period exemption, an employer must provide notice of the undue hardship period to the Commissioner of the Bureau of Labor and Industries and obtain written consent from each employee whom the employer will request to work more than 55 hours in any workweek during the undue hardship period.

�� (c)(A) The notice the employer sends to the commissioner under paragraph (b) of this subsection must be in a form prescribed by the commissioner by rule and include a description of the reasons for the undue hardship period, the start and expected end dates of the undue hardship period and any other information required by the commissioner.

�� (B) The employee�s written consent shall be in a form prescribed by the commissioner by rule and include:

�� (i) A description of the employer�s reasons for the undue hardship period;

�� (ii) The start and expected end dates of the undue hardship period;

�� (iii) A statement that the employer may require the employee to work up to 84 hours per workweek for up to four workweeks during the undue hardship period;

�� (iv) A statement that the employer may require the employee to work up to 80 hours per workweek for the remainder of the undue hardship period;

�� (v) A statement that the employee consents to working up to 84 hours per workweek for up to four workweeks during the undue hardship period and up to 80 hours per workweek for the remainder of the undue hardship period;

�� (vi) Contact information for the Bureau of Labor and Industries; and

�� (vii) Any other information required by the commissioner.

�� (6) An employer may not coerce an employee into consenting to work more than 55 hours in a given workweek.

�� (7) This section does not apply to:

�� (a) An employee employed in a cannery, drier or packing plant that is located on a farm and primarily processes products produced on the farm;

�� (b) An employee employed in a cannery, drier or packing plant who is engaged in manufacturing, as that term is defined in ORS 652.020;

�� (c) An employee employed by a seafood processor, as that term is defined in ORS 653.263; or

�� (d) An employee employed in a cannery, drier or packing plant whose principal duties are administrative in nature or who is not otherwise, in the usual course of the employee�s duties, engaged in the direct processing of goods.

�� (8) Subsections (2) to (6) of this section do not apply to employees who are represented by a labor organization for purposes of collective bargaining with their employer, provided limits on the required hours of work and overtime payment have been agreed to between the employer and labor organization, or if no agreement is reached, then, for the purposes of this subsection, such limits and payments shall not be deemed to be changed from the previous collective bargaining agreement between the employer and labor organization unless the employees have been locked out or are engaged in a strike or the employer has unilaterally implemented new terms and conditions of employment.

�� (9)(a) Notwithstanding ORS 653.256, in addition to any other penalty provided by law, the commissioner may assess the following civil penalties against an employer:

�� (A) $2,000 per violation if the commissioner determines the employer coerced an employee into consenting under subsection (2)(b) of this section to work more than 55 hours in any given workweek; and

�� (B) $3,000 per violation if the commissioner determines the employer coerced an employee into consenting under subsection (5) of this section to work more than 55 hours per workweek in any given workweek during an undue hardship period.

�� (b) Each violation described in paragraph (a) of this subsection is a separate and distinct offense. In the case of a continuing violation, each workweek�s continuance is a separate and distinct violation.

�� (c) Civil penalties authorized by this subsection shall be imposed in the manner provided in ORS 183.745. All sums collected as penalties under this subsection shall be applied and paid over as provided in ORS 653.256.

�� (10)(a) In addition to any other remedy provided by law, an employee has a private cause of action against an employer if the employer violates subsection (2) of this section by requiring the employee to work more than the applicable limit for the maximum allowable hours of employment in one workweek.

�� (b) If the employee prevails in an action brought under this section, the court may enter judgment against the employer for:

�� (A) Actual damages or $3,000 per claim, whichever is greater;

�� (B) Equitable relief; and

�� (C) Liquidated damages in an amount equal to twice the employee�s overtime wages earned during the period not allowed under subsection (2) of this section.

�� (c) In an action brought under this section, the court may award to the prevailing plaintiff costs, disbursements and reasonable attorney fees. Any attorney fee agreement is subject to approval by the court. [Amended by 1971 c.492 �2; 2017 c.685 ��8,9]

�� 653.268 Overtime for labor directly employed by public employers; special provisions for correctional facility nursing staff. (1) Labor directly employed by any public employer as defined in ORS 243.650 shall be compensated, if budgeted funds for such purpose are available, for overtime worked in excess of 40 hours in any one week, at not less than one and one-half times the regular rate of such employment. If budgeted funds are not available for the payment of overtime, such overtime shall be allowed in compensatory time off at not less than time and a half for employment in excess of 40 hours in any one week.

�� (2) Nothing in this section shall prevent a labor organization under the National Labor Relations Act or ORS 243.650 to 243.809 or other employees from negotiating additional overtime pay requirements with a public employer.

�� (3) Regardless of the availability of budgeted funds, if mandatory overtime is assigned, nursing staff directly employed in a correctional facility may not be required to work:

�� (a) Beyond the agreed-upon and prearranged shift, regardless of the length of the shift;

�� (b) More than 48 hours in any workweek;

�� (c) More than 12 hours in a 24-hour period; or

�� (d) During the 10-hour period immediately following the 12th hour worked during a 24-hour period.

�� (4) A correctional facility may require a nursing staff member to work up to four additional hours beyond the allowable hours of work as described in subsection (3) of this section if:

�� (a) A staff vacancy for the next shift becomes known at the end of the current shift; or

�� (b) There is a potential for harm to an assigned patient if the nursing staff member leaves the assignment or transfers care to another nursing staff member.

�� (5) Subsection (3) of this section does not apply to nursing staff members who are assigned to work mandatory overtime upon the occurrence of any of the following emergency circumstances:

�� (a) Sudden and unforeseen adverse weather conditions;

�� (b) An infectious disease epidemic suffered by correctional facility staff;

�� (c) Any unforeseen event, including security lockdown procedures, that would prevent scheduled replacement nursing staff members from approaching or entering the correctional facility; or

�� (d) Unplanned direct care nursing staff vacancies for the next shift that amount to at least 20 percent of the nursing staff scheduled for the next shift, if the correctional facility determines that the number of direct care nursing staff scheduled and available for the next shift cannot ensure the health and safety of the patients at the facility.

�� (6) As used in this section:

�� (a) �Correctional facility� means a Department of Corrections institution.

�� (b) �Nursing staff� has the meaning given that term in ORS 441.179. [Formerly 279.340; 2019 c.582 �1]

�� 653.269 Exceptions to ORS 653.268; rules. The provisions of ORS 653.268 relating to pay for overtime shall not apply to:

�� (1) Labor employed in forest fire fighting.

�� (2) Employees of any irrigation system district actually engaged in the distribution of water for irrigation or domestic use.

�� (3) Employees of a public employer, as defined in ORS 243.650, who are employed in fire protection or law enforcement activities, including security personnel in corrections institutions, as those employees and activities are defined by rule of the Commissioner of the Bureau of Labor and Industries.

�� (4) Employees of a people�s utility district organized under ORS chapter 261.

�� (5) Employees exempted from overtime:

�� (a) By a public employer as defined in ORS 243.650 because of the executive, administrative, supervisory or professional nature of their employment as the nature of such employment is defined by rule of the Commissioner of the Bureau of Labor and Industries; or

�� (b) By a collective bargaining agreement expressly waiving application of ORS 653.268.

�� (6) Employees of a public employer as defined in ORS 243.650 engaged in the operation of a hospital or an establishment that is an institution primarily engaged in the care of persons who are sick or aged or have mental illness or mental retardation and who reside on the premises if, before performance of the work and pursuant to an agreement between the employer and employee or between the employer and the bargaining representative of the employees when the employees are represented under a collective bargaining agreement, a work period of 14 consecutive days is accepted in lieu of the workweek of seven consecutive days for purposes of overtime computation and if, for the employee�s employment in excess of eight hours in any workday and in excess of 80 hours in such 14-day period, the employee receives compensation at a rate not less than one and one-half times the rate at which the employee is employed.

�� (7) Members of the organized militia while in active service of the state in accordance with ORS 399.075. [Formerly 279.342; 2007 c.70 �283; 2023 c.122 �9]

�� 653.270 [Repealed by 1967 c.596 �15]

�� 653.271 Definitions for ORS 653.271, 653.272 and 653.273. As used in this section and ORS

ORS 443.001

443.001:

�� (a) Develop online training modules to address the top two statewide issues identified by surveys or reviews of residential care facilities during the previous year; and

�� (b) Post and regularly update the data used to prepare the report described in subsection (1) of this section.

�� (6) The Quality Measurement Council, in consultation with the department, shall establish a uniform system for residential care facilities to report quality metrics as required by subsection (2) of this section. The system must:

�� (a) Allow for electronic reporting of data, to the greatest extent practicable; and

�� (b) Take into account and utilize existing data reporting systems used by residential care facilities.

�� (7)(a) Quality metric data reported to the department under this section may not be used as the basis for an enforcement action by the department nor may the data be disclosed to another agency for use in an enforcement or regulatory action.

�� (b) Quality metric data are not admissible as evidence in any civil action, including but not limited to judicial, administrative, arbitration or mediation proceedings.

�� (c) Quality metric data reported to the department are not subject to:

�� (A) Civil or administrative subpoena; or

�� (B) Discovery in connection with a civil action, including but not limited to judicial, administrative, arbitration or mediation proceedings.

�� (8) Subsection (7) of this section does not exempt a residential care facility from complying with state law or prohibit the department�s use of quality metric data obtained from another source in the normal course of business or compliance activity. [2017 c.679 �15; 2017 c.679 �17]

�� 443.447 Quality Measurement Council. (1) The Quality Measurement Council is established in the Department of Human Services to prescribe how the department shall implement the Residential Care Quality Measurement Program established under ORS 443.446.

�� (2) The council consists of nine members, appointed by the Governor, as follows:

�� (a) One individual representing the Oregon Patient Safety Commission;

�� (b) One individual representing residential care facilities;

�� (c) One consumer representative from an Alzheimer�s advocacy organization;

�� (d) One licensed health care practitioner with experience in geriatrics;

�� (e) Two individuals associated with an academic institution who have expertise in research using data and analytics and in community-based care and quality reporting;

�� (f) The Long Term Care Ombudsman or a designee of the Long Term Care Ombudsman;

�� (g) One individual representing the department; and

�� (h) One direct care worker or a representative of a direct care worker who works in a residential care facility.

�� (3)(a) On and after January 1, 2022, the council may update by rule the quality metrics to be reported by residential care facilities under ORS 443.446.

�� (b) In developing quality metrics the council shall consider whether the data that must be reported reflect and promote quality care and whether reporting the data is unnecessarily burdensome on residential care facilities. [2017 c.679 �16; 2021 c.655 �1]

�� 443.448 Choice of prescription and nonprescription drugs and supplies. (1) As used in this section, �supplier� includes an authorized representative of the patient who purchases nonprescription medication or nonprescription sickroom supplies at retail.

�� (2) A resident in a residential facility must have a choice:

�� (a) From among prescription drug delivery systems as long as the system selected:

�� (A) Provides for timely delivery of drugs;

�� (B) Provides adequate protection to prevent tampering with drugs;

�� (C) Provides that drugs are delivered in a unit of use compatible with the established system of the facility for dispensing drugs, whether that system is provided by a facility pharmacy or by a contract with a pharmacy; and

�� (D) Provides a 24-hour emergency service procedure either directly or by contract with another pharmacy;

�� (b) From among suppliers of nonprescription medication, although no facility is required to accept any opened container of such medication; and

�� (c) From among suppliers of nonprescription sickroom supplies as long as any items supplied can be maintained in a clean manner with equipment available at the facility.

�� (3) If the established system of the facility, whether that system is provided by a facility pharmacy or a pharmacy under contract, provides patient profile information, the pharmacy chosen by the resident under subsection (2)(a) of this section must also provide that information for any resident it serves at the facility. [Formerly 443.437]

�� 443.449 Prescription drug packaging. (1) A residential care facility shall ensure that prescription drugs dispensed to residents of the facility are packaged in a manner that reduces errors in the tracking of and the administration of the drugs, including but not limited to the use of unit dose systems or blister packs.

�� (2) Subsection (1) of this section does not apply to residents receiving pharmacy benefits through the United States Department of Veterans Affairs if the pharmacy benefits do not reimburse the cost of such packaging. [Formerly 443.438]

�� 443.450 Rules. (1) For a residential care facility, residential training facility or residential training home, the Director of Human Services shall adopt rules governing:

�� (a) The physical properties of the facility or home;

�� (b) Storage, preparation and serving of food;

�� (c) Care or training to be provided;

�� (d) The number, experience and training of the staff; and

�� (e) Any other factors affecting the care or training provided.

�� (2) For a residential treatment facility or residential treatment home, the Director of the Oregon Health Authority shall adopt rules governing:

�� (a) The physical properties of the facility or home;

�� (b) Storage, preparation and serving of food;

�� (c) Treatment to be provided;

�� (d) The number, experience and training of the staff; and

�� (e) Any other factors affecting the treatment provided.

�� (3) Distinct rules shall be adopted for homes of five or fewer residents, for facilities of six or more but fewer than 16 residents, and for facilities for 16 or more residents. The rules shall differentiate among categories of residents.

�� (4) For purposes of this section, �categories� refers to different populations of residents, differentiated by, but not limited to, age and need, as defined by the Department of Human Services or the Oregon Health Authority by rule. [1977 c.717 �6; 1991 c.801 �3; 2009 c.595 �788; 2011 c.720 �199]

�� 443.452 Waiver procedure. (1) The Director of Human Services shall waive the requirements of ORS 443.410 for a residential care facility caring for residents with physical disabilities if:

�� (a) Each resident is over 16 years of age;

�� (b) No more than five individuals with physical disabilities reside in any one building of the facility; and

�� (c) The residential care facility complies with the applicable requirements of the State Fire Marshal.

�� (2) As used in this section, �building� means any structure that does not share a common wall or roof with another structure. [1981 c.285 ��2,3; 1989 c.224 �97; 2007 c.70 �247; 2017 c.679 �45]

Note: 443.452 (1) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 443 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 443.453 Interference with employee or volunteer disclosure of information concerning practice that threatens health or safety of residents prohibited. (1) A residential facility may not interfere with the good faith disclosure of information by an employee or volunteer concerning the abuse or mistreatment of a resident in the residential facility, violations of licensing or certification requirements, criminal activity at the facility, violations of state or federal laws or any practice that threatens the health and safety of a resident of the facility to:

�� (a) The Long Term Care Ombudsman, the Residential Facilities Ombudsman, the Department of Human Services, a law enforcement agency or other entity with legal or regulatory authority over the residential facility; or

�� (b) A family member, guardian, friend or other person who is acting on behalf of the resident.

�� (2) Unless performed with the intent to comply with state or federal law, including but not limited to protecting residents� rights or carrying out a facility�s policies and procedures that are consistent with state and federal law, it is interference with the disclosure of information as described in subsection (1) of this section if a residential facility:

�� (a) Asks or requires the employee or volunteer to sign a nondisclosure or similar agreement prohibiting the employee or volunteer from disclosing the information;

�� (b) Trains an employee or volunteer not to disclose the information; or

�� (c) Takes actions or communicates to the employee or volunteer that the employee or volunteer may not disclose the information.

�� (3) The licensing agency may revoke or suspend the license of a residential facility that is found to have violated subsection (1) of this section.

�� (4) The department shall adopt rules to carry out the provisions of this section.

�� (5) This section does not authorize the disclosure of:

�� (a) Protected health information, as defined in ORS 192.556, other than as is permitted by the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164, ORS 192.553 to 192.581 or by other state or federal laws limiting the disclosure of health information; or

�� (b) Information protected under ORS 419A.255 and 419A.257. [2019 c.381 �4]

�� 443.454 Provision of opioid overdose reversal medication upon discharge, release or transfer of resident from facility where resident received addiction treatment. (1) As used in this section, �facility� means a residential care facility, residential treatment facility or residential treatment home licensed under ORS 443.410.

�� (2) Notwithstanding ORS 689.800, upon the discharge or release of a resident, a facility shall provide to the resident at least two doses of an opioid overdose reversal medication and the necessary medical supplies to administer the medication if:

�� (a) The resident received addiction treatment at the facility for a current opioid use disorder; and

�� (b) The resident is discharged, released or transferred to an unlicensed private residence or other unlicensed setting.

�� (3)(a) Except as provided in paragraph (b) of this subsection, a person who is acting in good faith, if the act does not constitute wanton misconduct, is immune from civil liability for any act or omission of an act committed during the course of providing to a resident opioid overdose reversal medications, and the necessary medical supplies to administer the medications, under subsection (2) of this section.

�� (b) This subsection does not apply to a person involved in the manufacture or sale of opioid overdose reversal medication.

�� (4) The requirements of subsection (2) of this section do not apply if a resident leaves the facility against the facility�s advice. [2023 c.297 �6]

�� Note: Section 7, chapter 297, Oregon Laws 2023, provides:

�� Sec. 7. The Oregon Health Authority shall facilitate access to opioid overdose reversal medications and the necessary medical supplies to administer the medications for hospitals licensed under ORS chapter 441, long term care facilities as defined in ORS 442.015, facilities as defined in section 4 of this 2023 Act [430.263] and facilities as defined in section 6 of this 2023 Act [443.454] for the purposes of carrying out sections 2 [441.052], 3 [441.698], 4 and 6 of this 2023 Act. [2023 c.297 �7]

�� 443.455 Civil penalties; rules. (1) Except as provided in subsection (5) of this section, for purposes of imposing civil penalties, residential facilities approved under ORS 443.400 to 443.455 are subject to ORS 441.705 to 441.745.

�� (2)(a) The Director of Human Services shall impose penalties on residential care facilities pursuant to ORS 441.731.

�� (b) The director shall impose penalties pursuant to ORS 427.900 on residential training facilities and residential training homes that are not in compliance with ORS

ORS 443.400

443.400; and

�� (c) An adult foster home, as defined in ORS 443.705.

�� (2) �Gender expression� means an individual�s gender-related appearance and behavior, whether or not these are stereotypically associated with the sex the individual was assigned at birth.

�� (3)(a) �Gender identity� means an individual�s internal, deeply held knowledge or sense of the individual�s gender, regardless of physical appearance, surgical history, genitalia, legal sex, sex assigned at birth or name and sex as it appears in medical records or as it is described by any other individual, including a family member, conservator or legal representative of the individual.

�� (b) �Gender identity� means the gender identity last expressed by an individual who lacks the present ability to communicate.

�� (4) �Gender nonconforming� means having a gender expression that does not conform to stereotypical expectations of one�s gender.

�� (5) �Gender transition� means a process by which an individual begins to live according to that individual�s gender identity rather than the sex the person was assigned at birth. The process may include changing the individual�s clothing, appearance, name or identification documents or undergoing medical treatments.

�� (6) �Harass� or �harassment� includes:

�� (a) To act in a manner that is unwanted, unwelcomed or uninvited, that demeans, threatens or offends a resident and results in a hostile environment for a resident.

�� (b) To require a resident to show identity documents in order to gain entrance to a restroom or other area of a care facility that is available to other individuals of the same gender identity as the resident.

�� (7) �LGBTQIA2S+� means lesbian, gay, bisexual, transgender, queer, intersex, asexual, Two Spirit, nonbinary or other minority gender identity or sexual orientation.

�� (8) �Resident� means a resident or a patient of a care facility.

�� (9) �Sexual orientation� means romantic or sexual attraction, or a lack of romantic or sexual attraction, to other people.

�� (10) �Staff� or �staff person� means one or more individuals who:

�� (a) Are employed by a care facility to provide services or supports directly to residents; or

�� (b) Contract with or are employed by an entity that contracts with the care facility to provide services or supports directly to residents.

�� (11) �Transgender� means having a gender identity or gender expression that differs from the sex one was assigned at birth, regardless of whether one has undergone or is in the process of undergoing gender-affirming care. [2023 c.567 �2]

�� 441.112 Discrimination based on actual or perceived sexual orientation, gender identity, gender expression or HIV status. (1) A care facility and the staff of the facility may not take any of the following actions based in whole or in part on a resident�s actual or perceived sexual orientation, gender identity, gender expression or human immunodeficiency virus status:

�� (a) Deny admission to a care facility, transfer or refuse to transfer a resident within a facility or to another facility or discharge or evict a resident from a facility;

�� (b) Deny a request by a resident to choose the resident�s roommate, when a resident is sharing a room;

�� (c) If rooms are assigned by gender, assign, reassign or refuse to assign a room to a transgender or other LGBTQIA2S+ resident other than in accordance with the resident�s gender identity, unless at the request of the resident or if required by federal law;

�� (d) Prohibit a resident from using, or harass a resident who seeks to use or does use, a restroom that is available to other individuals of the same gender identity as the resident, regardless of whether the resident is making a gender transition, has taken or is taking hormones, has undergone gender affirmation surgery or presents as gender nonconforming;

�� (e) Repeatedly and willfully refuse to use a resident�s chosen name or pronouns after being reasonably informed of the resident�s chosen name or pronouns;

�� (f) Deny a resident the right to wear or be dressed in clothing, accessories or cosmetics, or to engage in grooming practices, that are permitted to any other resident;

�� (g) Restrict a resident�s right to associate with other residents or with visitors, including the resident�s right to consensual sexual relations or to display physical affection, unless the restriction is uniformly applied to all residents in a nondiscriminatory manner;

�� (h) Deny or restrict medical or nonmedical care that is appropriate to a resident�s organs and bodily needs, or provide medical or nonmedical care that, to a similarly situated, reasonable person, unduly demeans the resident�s dignity or causes avoidable discomfort;

�� (i) Fail to accept a resident�s verbal or written attestation of the resident�s gender identity or require a resident to provide proof of the resident�s gender identity using any form of identification;

�� (j) Fail to take reasonable actions, within the care facility�s control, to prevent discrimination or harassment when the facility knows or should have known about the discrimination or harassment; or

�� (k) Refuse or willfully fail to provide any service, care or reasonable accommodation to a resident or an applicant for services or care.

�� (2) A care facility shall include in its current nondiscrimination policy and in its written materials providing notice of resident rights pursuant to ORS 441.605, and in all places and on all materials where that policy or those written materials are posted, the following notice:

�� (Name of care facility) does not discriminate and does not permit discrimination, including but not limited to bullying, abuse or harassment, based on an individual�s actual or perceived sexual orientation, gender identity, gender expression or human immunodeficiency virus status, or based on an individual�s association with another individual on account of the other individual�s actual or perceived sexual orientation, gender identity, gender expression or human immunodeficiency virus status. If you believe you have experienced this kind of discrimination, you may file a complaint with the Department of Human Services at _____ (provide current contact information).

[2023 c.567 �3]

�� 441.113 [1981 c.534 �5; 2013 c.717 �4; renumbered 441.407 in 2015]

�� 441.114 Protection of resident records; consent required for nontherapeutic examination, observation or treatment; access to transgender-related treatment. (1) A care facility shall implement procedures regarding resident records generated at the time of admission and during the resident�s stay to ensure that the records include the resident�s gender identity and the resident�s chosen name and pronouns, as indicated by the resident.

�� (2) Unless required by state or federal law, a care facility shall not disclose any personally identifiable information regarding:

�� (a) A resident�s sexual orientation;

�� (b) Whether a resident is LGBTQIA2S+;

�� (c) A resident�s gender transition status; or

�� (d) A resident�s human immunodeficiency virus status.

�� (3) A care facility shall take appropriate steps to minimize the likelihood of inadvertent or accidental disclosure of information described in subsection (2) of this section to other residents, visitors or facility staff, except to the minimum extent necessary for facility staff to perform their duties.

�� (4) Informed consent shall be required in relation to any nontherapeutic examination or observation of, or treatment provided to, a resident.

�� (5) A transgender resident shall be provided access to any assessments, therapies and treatments that are recommended by the resident�s health care provider, including but not limited to transgender-related medical care, hormone therapy and supportive counseling. [2023 c.567 �4]

�� 441.115 [Amended by 1965 c.308 �3; 1969 c.314 �45; repealed by 1971 c.730 �25]

�� 441.116 Training required; rules. (1) A care facility shall ensure that the administrators and staff employed by the facility receive training, as part of the facility�s preservices or continuing education required by law, concerning:

�� (a) Caring for LGBTQIA2S+ residents and residents living with human immunodeficiency virus; and

�� (b) Preventing discrimination based on a resident�s sexual orientation, gender identity, gender expression or human immunodeficiency virus status.

�� (2) At a minimum, the training required by subsection (1) of this section must include:

�� (a) The defined terms commonly associated with LGBTQIA2S+ individuals and human immunodeficiency virus status;

�� (b) Best practices for communicating with or about LGBTQIA2S+ residents and residents living with human immunodeficiency virus, including the use of an individual�s chosen name and pronouns;

�� (c) A description of the health and social challenges historically experienced by LGBTQIA2S+ residents and residents living with human immunodeficiency virus, including discrimination when seeking or receiving care at care facilities and the demonstrated physical and mental health effects within the LGBTQIA2S+ community associated with such discrimination; and

�� (d) Strategies to create a safe and affirming environment for LGBTQIA2S+ residents and residents living with human immunodeficiency virus, including suggested changes to care facility policies and procedures, forms, signage, communication between residents and their families, activities, in-house services and staff training.

�� (3) The Department of Human Services shall establish by rule a process for a care facility to request approval of the training provided by the facility under this section. The department shall approve a training no later than 90 days after the date of request if:

�� (a) The care facility submits:

�� (A) A statement of the qualifications and training experience of the individual or entity providing the training;

�� (B) The proposed methodology for providing the training either online or in person;

�� (C) An outline of the training; and

�� (D) Copies of the materials to be used in the training;

�� (b) The training meets the requirements of subsections (1) and (2) of this section; and

�� (c) The individual or entity providing the training demonstrates a commitment to advancing quality care for LGBTQIA2S+ residents and residents living with human immunodeficiency virus in this state.

�� (4) A care facility shall designate two employees, one who represents management at the facility and one who represents direct care staff at the facility, to receive the training described in subsections (1) and (2) of this section within 12 months of being designated and every two years thereafter. The designated employees shall serve as points of contact for the facility regarding compliance with ORS 441.111 to 441.119 and 441.993 and shall develop a general training plan for the facility. In the event a designated employee ceases to be employed by the facility, the facility shall designate another employee, who is representative of the employee group represented by the former designee and who shall complete the training required by subsections (1) and (2) of this section, to serve as a point of contact for the facility regarding compliance with ORS 441.111 to 441.119 and 441.993 and to have joint responsibility for the facility�s training plan.

�� (5) Within 12 months of hiring and every two years thereafter, a care facility shall provide to administrators and staff employed by the facility the training described in subsections (1) and (2) of this section. Training provided subsequent to the initial training of an administrator or staff person employed by the facility must include, at a minimum, refresher courses on the topics described in subsection (2)(b) and (d) of this section.

�� (6) A care facility shall retain records documenting the completion of the training required by subsections (1) and (2) of this section by each administrator and staff member at the facility. The records shall be made available, upon request, to the Department of Human Services and the office of the Long Term Care Ombudsman.

�� (7) A care facility is responsible for the cost of providing the training required by this section to each administrator and staff person employed by the facility. [2023 c.567 �6]

�� 441.117 [1981 c.534 �6; 2001 c.104 �179; 2003 c.86 �13; 2013 c.717 �5; renumbered 441.408 in 2015]

�� 441.118 Training required for entities that contract with care facilities to provide services or supports to residents. (1) An entity that contracts with a care facility to provide services or supports directly to residents of the care facility shall provide to the entity�s staff persons who provide the services or supports training meeting the requirements in ORS 441.116 (1) and (2). The entity shall provide the training within 12 months of entering into the contract with the care facility and every two years thereafter. The entity shall provide the training to a newly hired staff person no later than 12 months after hiring.

�� (2) An individual who contracts with a care facility to provide services or supports directly to residents of the care facility shall complete a training that meets the requirements of ORS 441.116 (1) and (2) no later than 12 months after entering into a contract with the facility and every two years thereafter.

�� (3) Training provided subsequent to the initial training of an individual or of a staff person employed by the entity must include, at a minimum, refresher courses on the topics described in ORS 441.116 (2)(b) and (d).

�� (4) The contracting individual or entity shall bear the cost of the training required by this section. [2023 c.567 �7]

�� 441.119 Exemptions. Any requirement in ORS 441.111 to 441.119 and 441.993 may not be applied to a care facility if the requirement is incompatible with:

�� (1) The professionally reasonable clinical judgment of the management or staff of the care facility; or

�� (2) A state or federal statute, federal regulation or administrative rule that applies to the care facility. [2023 c.567 �8]

�� 441.120 [Repealed by 1971 c.730 �25]

�� 441.121 [1981 c.534 �7; 2013 c.717 �6; renumbered 441.409 in 2015]

�� 441.122 Rules. The Director of Human Services shall adopt rules in accordance with ORS chapter 183 as necessary to implement the provisions of ORS 441.111 to 441.119 and 441.993. [2023 c.567 �10]

Note: 441.122 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 441.124 [1981 c.534 �8; 2003 c.14 �253; 2013 c.717 �7; renumbered 441.411 in 2015]

�� 441.125 [Amended by 1955 c.464 �3; 1971 c.730 �18; repealed by 1977 c.751 �39]

�� 441.127 [1981 c.534 �9; 2013 c.717 �8; renumbered 441.412 in 2015]

�� 441.130 [Amended by 1955 c.464 �4; 1971 c.730 �19; repealed by 1977 c.751 �39]

�� 441.131 [1981 c.534 �10; 1985 c.153 �4; 2013 c.717 �9; renumbered 441.413 in 2015]

�� 441.133 [1981 c.534 �11; 2013 c.717 �10; renumbered 441.414 in 2015]

�� 441.135 [Amended by 1955 c.464 �5; 1965 c.308 �4; 1971 c.730 �20; repealed by 1977 c.751 �39]

�� 441.137 [1985 c.153 �6; 1989 c.224 �93; 2007 c.70 �240; 2009 c.421 �1; 2013 c.717 �11; 2014 c.117 �11; renumbered

ORS 446.225

446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 and 480.510 to 480.670 and this chapter and ORS chapters 447, 460 and 693 and any rule adopted under those statutes. Upon a proper showing, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted.

�� (4) This section does not grant any authority over a municipality or an inspector employed by a municipality. [1991 c.792 ��3,5; 1999 c.597 �1; 2001 c.411 �20; 2003 c.14 �285; 2013 c.324 �10]

MASTER BUILDER PROGRAMS

�� 455.800 Definitions for ORS 455.800 to 455.820. As used in ORS 455.800 to 455.820:

�� (1) �Building official� means a person who is a building official as defined in ORS 455.715 or a Department of Consumer and Business Services employee charged with enforcement or administration of the state building code.

�� (2) �Building trade committee� means a group composed of experienced and knowledgeable local general contractors or other persons having substantial expertise in various aspects of one and two family dwelling construction under the Low-Rise Residential Dwelling Code.

�� (3) �General contractor� has the meaning given that term in ORS 701.005.

�� (4) �Master builder� means a person certified under ORS 455.810.

�� (5) �Qualified construction company� means a company that has been:

�� (a) Continuously licensed by the Construction Contractors Board during the preceding 60 months as a general contractor; or

�� (b) Continuously licensed by the Construction Contractors Board during at least the preceding 24 months as a general contractor and by one or more other states during the balance of the preceding 60 months in an occupation equivalent to that of a general contractor.

�� (6) �Regular employee� means a person who:

�� (a) Is continuously employed by, and on the regular payroll of, a qualified construction company;

�� (b) Has filed a withholding statement or an exemption certificate pursuant to ORS 316.182 for work performed for the qualified construction company; and

�� (c) Is available during working hours to supervise on-site dwelling construction, including but not limited to supervising the installation of:

�� (A) Drywall;

�� (B) Electrical systems;

�� (C) Footings;

�� (D) Foundations;

�� (E) Framing;

�� (F) Insulation;

�� (G) Mechanical systems;

�� (H) Plumbing systems; and

�� (I) Stairs.

�� (7) �Whole dwelling remodel� means a project that includes the installation in an existing dwelling of all of the following:

�� (a) Drywall;

�� (b) Electrical systems;

�� (c) Footings;

�� (d) Foundations;

�� (e) Framing;

�� (f) Insulation;

�� (g) Mechanical systems; and

�� (h) Plumbing systems. [2001 c.406 �1; 2003 c.675 �38; 2019 c.134 �12]

�� Note: 455.800 to 455.820 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.805 Criteria for granting of master builder status. An individual may apply to the Department of Consumer and Business Services to be tested and certified as a master builder. The department shall establish uniform criteria for use in determining whether to grant an application. The criteria must, at a minimum, provide that:

�� (1) The individual must be an owner or regular employee of a qualified construction company and be authorized by the company to provide assurance to the department that all state and local code requirements are met.

�� (2) In each of the five preceding calendar years, the individual must either have performed or supervised a dwelling construction or whole dwelling remodel. In at least two of the years, the construction or remodel must have occurred in a geographic area that had a master builder program.

�� (3) The individual must have completed a program sponsored by a local building trade committee or other program approved by the department, providing training relating to the construction of one and two family dwellings under the Low-Rise Residential Dwelling Code. A program must include but need not be limited to instruction in:

�� (a) Administration;

�� (b) Chimneys and fireplaces;

�� (c) Decay and termite protections;

�� (d) Energy conservation;

�� (e) Footings and foundations;

�� (f) Roof-ceiling construction;

�� (g) Roof coverings;

�� (h) Site inspections;

�� (i) Wall construction, assemblies and coverings; and

�� (j) Wood and metal framing.

�� (4) The individual must have scored at least 75 percent on a written examination, approved and administered by the department, covering the appropriate aspects of the Low-Rise Residential Dwelling Code.

�� (5)(a) The individual must not be the subject of an adverse final order issued by the Construction Contractors Board or Department of Consumer and Business Services based upon acts committed within 36 months preceding the application date that:

�� (A) Violated a specialty code, licensing or permit requirement; or

�� (B) Resulted in a claim being filed with the board or department against the individual.

�� (b) For purposes of this subsection, if the individual is an owner of a qualified construction company, an adverse final order issued against the company is an adverse final order issued against that individual. [2001 c.406 �2; 2003 c.675 �39]

�� Note: See note under 455.800.

�� 455.810 Certificates; fees; discipline; rules. (1) An individual seeking certification as a master builder must apply to the Department of Consumer and Business Services on the form prescribed by the department. Upon determining that the applicant meets the criteria for certification set forth in ORS 455.805, the department shall issue the certificate.

�� (2) Certification as a master builder is valid for three years unless suspended or revoked. An individual may renew a certificate that is in good standing by:

�� (a) Providing evidence of continuing education as required by department rule; and

�� (b) Paying a renewal fee established by the department by rule.

�� (3) The department may deny, refuse to renew, suspend or revoke certification as a master builder if the individual fails or ceases to meet the criteria for certification set forth in ORS 455.805 or engages in actions resulting in a waiver revocation under ORS 455.820 (3). The department must afford an individual an opportunity for a hearing pursuant to ORS chapter 183 upon a denial or refusal to renew or prior to a suspension or revocation of certification.

�� (4) The department may adopt all rules necessary and proper for administering ORS

ORS 446.320

446.320, 446.330 to 446.340, 446.345, 446.350 and 446.990 if the director determines that the county is able to carry out the rules of the Oregon Health Authority relating to fee collection, inspections, enforcement and issuance and revocation of permits and licenses in compliance with standards for enforcement by the counties and monitoring by the authority. The authority shall review and monitor each county�s performance under this subsection. In accordance with ORS chapter 183, the director may suspend or rescind a delegation under this subsection. If it is determined that a county is not carrying out such rules or the delegation is suspended, the unexpended portion of the fees collected under subsection (2) of this section shall be available to the authority for carrying out the duties and functions under this section.

�� (2) The county may determine the amount of, and retain, any fee for any function undertaken pursuant to subsection (1) of this section. The amount of the fees shall not exceed the costs of administering the inspection program. The county, quarterly, shall remit 15 percent of an amount equal to the state licensing fee or 15 percent of the county license fee whichever is less, to the authority for consultation service and maintenance of the statewide program.

�� (3) In any action, suit or proceeding arising out of county administration of functions pursuant to subsection (1) of this section and involving the validity of a rule adopted by the authority, the authority shall be made a party to the action, suit or proceeding. [1973 c.560 �21a; 1975 c.790 �1; 1975 c.793 �14; 1983 c.250 �1; 1983 c.370 �3; 1983 c.707 �20; 2009 c.595 �825; 2015 c.736 �92]

�� 446.430 Delegation to county or city to administer rules regulating parks; fees. (1) The Department of Consumer and Business Services shall delegate to any county board of commissioners or city governing body which requests any of the authority, responsibilities and functions of the department under ORS 446.062 if the department determines that the county or city is willing and able to carry out the rules of the department relating to fee collection, plan review, inspections, enforcement and issuance and revocation of permits in compliance with standards for enforcement by the counties or cities and monitoring by the department. Such standards shall be established by the department in consultation with the appropriate county or city officials and in accordance with ORS 446.062. The department shall review and monitor each county�s or city�s performance under this subsection. In accordance with ORS chapter 183, the department may suspend or rescind a delegation under this subsection. If it is determined that a county or city is not carrying out such rules or the delegation is suspended, the unexpended portion of the fees collected under subsection (2) of this section shall be available to the department for carrying out the authority, responsibility and functions under this section.

�� (2) The county or city may determine the amount of, and retain, any fee for any function undertaken pursuant to subsection (1) of this section. The amount of the fees shall not exceed the costs of administering the inspection program. The county or city, quarterly, shall remit 15 percent of the collected fees to the department for monitoring county or city programs and for providing informational material necessary to maintain a uniform state program.

�� (3) The department shall be made a party to any action, suit or proceeding arising out of county or city administration of functions pursuant to subsection (1) of this section and involving the validity of a rule adopted by the department. [1983 c.707 �20b; 1987 c.414 �25; 1993 c.744 �64]

APPLICABILITY

�� 446.435 Nonapplication of ORS 446.003 to 446.140 and 446.310 to 446.350 to sleeping rooms or temporary camping sites. Neither ORS 446.003 to 446.140 nor 446.310 to 446.350 apply to:

�� (1) Any structure designed for and occupied as a single family residence in which no more than two sleeping rooms are provided on a daily or weekly basis for the use of no more than a total of six travelers or transients at any one time for a charge or fee paid or to be paid for the rental or use of the facilities; or

�� (2) Any temporary camping sites used solely and incidentally in the course of backpacking, hiking, horseback packing, canoeing, rafting or other such expedition, unless such expedition is a part of an organizational camp program. [1981 c.650 �4]

�� Note: 446.435 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 446 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 446.440 Application of condominium provisions to parks. (1) The provisions of ORS 100.005 to 100.910 may be applied to a mobile home or manufactured dwelling park as defined in this chapter.

�� (2) Notwithstanding the provisions of subsection (1) of this section a mobile home or manufactured dwelling park is not a condominium for purposes of local zoning and planning provisions. [1987 c.459 �40; 1989 c.648 �30]

�� Note: 446.440 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 446 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 446.510 [1959 c.314 �1; 1961 c.610 �16; repealed by 1973 c.833 �48]

�� 446.515 [1989 c.918 �2; 2005 c.619 �24; 2019 c.625 �15; renumbered 456.407 in 2019]

�� 446.520 [1959 c.314 �2; 1971 c.588 �2; repealed by 1973 c.833 �48]

�� 446.525 [1989 c.918 �3; 1999 c.676 �28; 2007 c.71 �134; 2007 c.906 �43; 2015 c.217 �2; 2019 c.533 �2; 2019 c.625 ��17,23; renumbered 456.418 in 2019]

�� 446.530 [1959 c.314 �3; 1971 c.588 �3; repealed by 1973 c.833 �48]

�� 446.533 [1989 c.918 �4; 2007 c.217 �3; 2019 c.625 �3; renumbered 456.414 in 2019]

�� 446.535 [1971 c.588 �13; repealed by 1973 c.833 �48]

�� 446.537 [1989 c.918 �5; repealed by 1991 c.844 �22]

�� 446.540 [1959 c.314 �4; repealed by 1973 c.833 �48]

�� 446.543 [1989 c.918 �8; 1995 c.28 �1; 1997 c.577 �45; 1999 c.676 �29; 2003 c.21 �3; 2005 c.22 �318; 2007 c.906 �9; 2019 c.625 �4; renumbered 456.403 in 2019]

�� 446.545 [1971 c.588 �9; repealed by 1973 c.833 �48]

�� 446.547 [1989 c.918 �10; 2019 c.625 �16; renumbered 90.769 in 2019]

�� 446.550 [1959 c.314 �5; repealed by 1973 c.833 �48]

�� 446.560 [1959 c.314 �6; repealed by 1973 c.833 �48]

MANUFACTURED STRUCTURE OWNERSHIP RECORDS

�� 446.561 Definitions for ORS 446.566 to 446.646. As used in ORS 446.566 to 446.646:

�� (1) Except as provided in subsection (2) of this section, �manufactured structure� means:

�� (a) A manufactured dwelling. As used in this paragraph, �manufactured dwelling� has the meaning given that term in ORS 446.003 and also includes a structure that would meet the definition in ORS 446.003 except that the structure is being used for other than residential purposes.

�� (b) A prefabricated structure, as defined in ORS 455.010, that is relocatable and more than eight and one-half feet wide.

�� (2) �Manufactured structure� does not include a mobile modular unit as defined in ORS 308.866 or an implement of husbandry as defined in ORS 801.310. [2003 c.655 �8; 2019 c.422 �15; 2019 c.585 �10a]

�� Note: 446.561 to 446.646 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 446 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 446.566 Ownership document contents. The following information must be recorded on the ownership document issued for a manufactured structure by the Department of Consumer and Business Services:

�� (1) All ownership interests, for a manufactured structure sold in this state.

�� (2) A change in location, for a manufactured structure that has been sited in this state.

�� (3) The manufactured structure identification number as described by department rule.

�� (4) The manufacturer�s name and, if available, the model of the manufactured structure.

�� (5) The identifying physical characteristics of the manufactured structure, including but not limited to the total square footage of the living area, type of siding, type of roof, number of bedrooms, number of bathrooms and types of heating and cooling.

�� (6) If the ownership document is issued due to sale of the manufactured structure, the most recent sales price and date of sale for the manufactured structure.

�� (7) Any other information required by department rule. [2003 c.655 �9; 2007 c.502 �1]

�� Note: See note under 466.561.

�� 446.568 Provision of certain ownership document information to Department of Consumer and Business Services. (1) Except as provided in this subsection, if a manufactured structure is purchased from or otherwise acquired through a manufactured structure dealer, the dealer shall provide the information described in ORS 446.566 (3) to (7) to the Department of Consumer and Business Services. A manufactured structure dealer is not required to provide the information to the department if the dealer complies with an instruction from the purchaser to provide the information to a lender, escrow agent, title company or other designee of the purchaser. A lender, escrow agent, title company or other designee of the purchaser that receives the information described in ORS 446.566 (3) to (7) from a manufactured structure dealer shall provide the information to the department. However, the provision of information described in ORS 446.566 (3) to (7) to the purchaser does not excuse a manufactured structure dealer from the duty to provide the information to the department.

�� (2) If the manufactured structure is sold by or otherwise acquired through a person other than a manufactured structure dealer, the information described in ORS 446.566 (3) to (7) shall be provided to the department:

�� (a) By the seller if title is being transferred by a sale;

�� (b) By the person to whom the ownership interest is being transferred if title is being transferred by operation of law; or

�� (c) By the owner if the owner will have a recorded ownership interest in the manufactured structure after issuance of the ownership document. [2007 c.502 �3]

�� Note: See note under 446.561.

�� 446.570 [1959 c.314 �7; 1971 c.588 �5; repealed by 1973 c.833 �48]

�� 446.571 Ownership document application; records; notice of security interest. (1)(a) Except as provided in paragraph (b) of this subsection, the owner of a manufactured structure shall apply to the Department of Consumer and Business Services for an ownership document. Upon receipt of an application in appropriate form as described in ORS 446.736 (2), the Department of Consumer and Business Services shall issue an ownership document for a manufactured structure. Except as provided in ORS

ORS 446.756

446.756.

�� (3) The director may direct, subpoena, examine, compel the attendance of, administer oaths and affirmations to, and request production of books, accounts, records, files, documents or other information or evidence from witnesses and persons that are subject to regulation under ORS 446.661 to 446.756.

�� (4) The director may interview, take and preserve testimony concerning business practices and operations from the manufactured structure dealer�s officers, principals, mortgage loan originators if applicable, employees, agents and customers or independent contractors associated with the manufactured structure dealer. [2011 c.166 �4]

�� Note: See note under 446.661.

�� 446.751 Engaging in illegal consignment practices; penalty. (1) A manufactured structure dealer commits the crime of engaging in illegal consignment practices if the dealer does any of the following:

�� (a) Takes a manufactured structure on consignment from a person who is not a licensed dealer and does not have proof that the consignor is the owner of, or a security interest holder in, the structure.

�� (b) Takes a manufactured structure on consignment from a security interest holder without the security interest holder first completing a repossession action prior to consigning the structure and providing the dealer with proper documentary proof of the repossession action.

�� (c) Takes a manufactured structure on consignment and does not have the terms of the consignment agreement in writing and provide a copy of the agreement to the consignor, unless the consignor is a security interest holder described in paragraph (b) of this subsection. The agreement must include a provision stating that, if the terms of the agreement are not met, the consignor may file a complaint in writing with the Department of Consumer and Business Services, Salem, Oregon.

�� (d) Sells a manufactured structure that the dealer has on consignment and does not pay the consignor within 10 days after the sale.

�� (e) Refuses to allow the department or any duly authorized representative to inspect and audit any records of any separate accounts into which the dealer deposits any funds received or handled by the dealer in the course of business as a dealer from consignment sales of manufactured structures at such times as the department may direct.

�� (f) Takes any money paid to the dealer in connection with any consignment transaction as part or all of the dealer�s commission or fee until the transaction has been completed or terminated.

�� (g) Does not make an arrangement with the seller for the disposition of money from a consignment transaction at the time of establishing a consignment agreement.

�� (h) Sells a manufactured structure that the dealer has taken on consignment without first giving the purchaser the following disclosure in writing:

DISCLOSURE REGARDING

CONSIGNMENT SALE

_ (Name of Dealer) is selling the following described manufactured structure: _ (Year) (Make) (Model) _ (Identification Number) on consignment. Ownership of this manufactured structure is in the name of: _ (Owner(s) as shown on the ownership document) and the following are listed on the ownership document as security interest holders:

YOU SHOULD TAKE ACTION TO ENSURE THAT ANY SECURITY INTERESTS ARE RELEASED AND THAT THE OWNERSHIP DOCUMENT FOR THE MANUFACTURED STRUCTURE IS TRANSFERRED TO YOU. OTHERWISE, YOU MAY TAKE OWNERSHIP SUBJECT TO ANY UNSATISFIED SECURITY INTERESTS.

�� (2) Engaging in illegal consignment practices is a Class A misdemeanor. [2003 c.655 �40; 2005 c.22 �323]

�� Note: See note under 446.661.

�� 446.756 Violation of consigned manufactured structure transfer; penalty. (1) A person commits the crime of violation of a consigned manufactured structure transfer if the person consigns a manufactured structure to a manufactured structure dealer and the person fails or refuses to deliver the ownership document for the structure to the dealer or purchaser upon sale of the structure under consignment.

�� (2) Violation of a consigned manufactured structure transfer is a Class A misdemeanor. [2003 c.655 �41]

�� Note: See note under 446.661.

PENALTIES

�� 446.990 Penalties. (1) Any individual, or any director, officer, or agent of a corporation who knowingly and willfully violates ORS 446.003 to 446.200, 446.225 to 446.285 or 446.310 to

ORS 447.118

447.118 and the rules adopted thereunder, the Department of Consumer and Business Services, with the assistance of the Oregon Health Authority:

�� (1) May conduct periodic inspections of any compost toilet;

�� (2) Upon making a finding that a compost toilet is in violation of the rules adopted pursuant to ORS 447.118 (2), may issue an order requiring the owner of the dwelling served by the compost toilet to take action necessary to correct the violation; and

�� (3) Upon making a finding that a compost toilet presents or threatens to present a public health hazard creating an emergency requiring immediate action to protect the public health, safety or welfare, may issue an order requiring the owner of the dwelling served by the compost toilet to take any action necessary to remove such hazard or threat thereof. If such owner fails to take the actions required by such order, the department shall take such action, itself or by contract with outside parties, as necessary to remove the hazard or threat thereof. The department shall keep a record of all necessary expenses incurred by the department in carrying out such action, including a reasonable charge for costs incurred and equipment and materials utilized by the state. Any owner who fails to take action required by an order issued under this subsection shall be responsible for such necessary expenses incurred by the state. Based on the record compiled by the department, an owner responsible for expenses due to the failure of a manufacturer, distributor or person to comply with the rules adopted under ORS 447.118 (2) shall have a setoff against the bond or other security forfeited under ORS 447.118 (3) to the extent that such expenses are due to such failure of the manufacturer, distributor or person. The department shall make a finding and enter an order against the owner for the necessary expenses. Orders issued under this section may be appealed pursuant to ORS chapter 183 but not as a contested case. Any amount due the department under this subsection and not paid in full within 30 days after the order is entered, or, if the order is appealed, within 30 days after there is no further right to appeal, shall become a lien upon the dwelling of the owner. The department shall file a notice of the lien with the recording officer of the county in which the dwelling is located and the recording officer shall record the notice in a manner designed to appear in the mortgage records of the county.

�� (4) The department may contract with any state or local agency for the purpose of carrying out the provisions of this section. [1977 c.523 �4; 1983 c.740 �167; 2009 c.595 �826]

�� 447.130 [Repealed by 1973 c.834 �46]

�� 447.135 [1967 c.308 ��2,3,4; 1983 c.676 �29; renumbered 480.557]

�� 447.140 Waste water and sewage from plumbing fixtures; requirements; prohibitions. (1) All waste water and sewage from plumbing fixtures shall be discharged into a sewer system or alternate sewage disposal system approved by the Environmental Quality Commission or Department of Environmental Quality under ORS chapters 468, 468A and 468B.

�� (2) No plumbing fixture, device or equipment shall be installed, maintained or offered for sale which will provide a cross-connection between the distributing system of water for drinking and domestic purposes and any other water supply, or a drainage system, soil or waste pipe so as to permit or make possible the backflow of contaminated water, sewage or waste into the water supply system.

�� (3) No flush valve, vacuum breaker or syphon preventer shall be offered for sale or installed that has not been approved by the Department of Consumer and Business Services with the approval of the State Plumbing Board.

�� (4) The use or installation of water-operated sump pumps or sewage ejectors, if connected to the potable water supply, is prohibited.

�� (5) No pan, plunger, offset washout, washout, long hopper, frost proof or other water closets having invisible seals or unventilated spaces, or walls not thoroughly washed at each flushing, shall be installed or sold for use in any building.

�� (6) No plumbing fixture, appurtenance or device, the installation of which would be in violation of the state plumbing specialty code and the rules of the department approved by the board shall be sold, offered for sale or installed. [Amended by 1955 c.548 �10; 1961 c.545 �1; 1973 c.835 �231; 1981 c.438 �39; 1993 c.744 �72]

�� 447.145 Standards for fixtures; exemptions; rules. (1) All new fixtures approved for installation during construction, reconstruction, alteration and repair of buildings and other structures under ORS 447.020 shall comply with rules adopted by the Director of the Department of Consumer and Business Services. The rules shall be consistent with performance requirements and test procedures established by the American National Standards Institute, or other equivalent recognized North American standards and procedures. Except for used fixtures allowed under subsection (4) of this section, the average amount of water used by new or replacement fixtures under the applicable test procedures shall not exceed:

�� (a) 1.6 gallons or 6.06 liters per flush for toilets;

�� (b) 1.0 gallons or 3.785 liters per flush for urinals;

�� (c) 2.5 gallons or 9.46 liters per minute for shower heads; and

�� (d) 2.5 gallons or 9.46 liters per minute for interior faucets.

�� (2) Notwithstanding subsection (1) of this section, the director by rule shall provide for exemptions to the requirements under subsection (1) of this section if:

�� (a) The reconstruction, alteration or repair of a building does not include the installation of new or replacement toilets or urinals, shower heads or faucets within the building;

�� (b) Due to the capacity, design or installation of the plumbing or sewage system within an existing building, toilets or urinals required by subsection (1) of this section would, if installed in the building, be unable to meet the performance requirements of the American National Standards Institute or other equivalent recognized North American standards as adopted by rule;

�� (c) The fixtures and fittings necessary to perform a specialized function, including but not limited to emergency showers and aspirator faucets, cannot meet the requirements;

�� (d) The installation of fixtures that do not comply with subsection (1) of this section is necessary to maintain the historic character of a structure classified as historic property under ORS 358.480 to 358.545; or

�� (e) The fixtures and fittings to be installed are specifically designed to withstand unusual abuse or installation in a penal institution or are located in an area with special needs, such as a laboratory, hospital, nursing home or other health care facility.

�� (3) No person shall sell or offer for sale any new toilet, urinal, shower head or faucet that has not been approved under ORS 447.020.

�� (4) On or after December 31, 1995, no person shall sell or offer for sale any used toilet, urinal, shower head or interior faucet that does not meet the conservation standards established in subsection (1) of this section.

�� (5) The director shall adopt rules and regulations for marking, labeling or otherwise identifying fixtures that meet the standards of this section. [1991 c.945 ��2,3,4,5; 1993 c.207 �1; 2001 c.104 �185; 2001 c.540 �23; 2025 c.209 �19]

�� 447.150 [1969 c.452 �1; repealed by 1979 c.57 �3]

(Plumbing Products Regulations)

�� 447.152 Plumbing products rules; standards; certification. In compliance with ORS chapter 183, the Director of the Department of Consumer and Business Services, with the approval of the State Plumbing Board, shall adopt rules, including but not limited to:

�� (1) Governing minimum safety standards for design and construction of plumbing products to be sold or disposed of in this state.

�� (2) Establishing procedures for certification of plumbing products.

�� (3) Establishing criteria for approval of plumbing product testing laboratories and listing agencies, including but not limited to:

�� (a) Independence from manufacturers, vendors and when applicable, testing laboratories;

�� (b) Ethical testing and business standards;

�� (c) Test quality control;

�� (d) Continuity of monitoring continuing product safety;

�� (e) Certification and listing procedures; and

�� (f) Record keeping.

�� (4) Providing for certified or listed product identification.

�� (5) Establishing criteria for approval of a plumbing product by a special deputy similar to those rules established for testing laboratories.

�� (6) Governing the internal organization and procedure for administering and enforcing ORS

ORS 448.279

448.279.

�� (g) A person that for compensation arranges, undertakes, offers to undertake or submits a bid to clean or service chimneys.

�� (h) A person that arranges for, undertakes, offers to undertake or submits a bid for the performance of restoration work as defined in ORS 701.540.

�� (6) �Developer� means a contractor that owns property or an interest in property and engages in the business of arranging for construction work or performing other activities associated with the improvement of real property, with the intent to sell the property.

�� (7)(a) �General contractor� means a contractor whose business operations require the use of more than two unrelated building trades or crafts that the contractor supervises or performs in whole or part, whenever the sum of all contracts on any single property, including materials and labor, exceeds an amount established by rule by the board.

�� (b) �General contractor� does not mean a specialty contractor or a residential limited contractor.

�� (8)(a) �Home improvement� means a renovation, remodel, repair or alteration by a residential contractor to an existing owner-occupied:

�� (A) Residence that is a site-built home;

�� (B) Condominium, rental residential unit or other residential dwelling unit that is part of a larger structure, if the property interest in the unit is separate from the property interest in the larger structure;

�� (C) Modular home constructed off-site;

�� (D) Manufactured dwelling; or

�� (E) Floating home, as defined in ORS 830.700.

�� (b) �Home improvement� does not include a renovation, remodel, repair or alteration by a residential contractor:

�� (A) To a structure that contains one or more dwelling units and is four stories or less above grade; or

�� (B) That the residential contractor performed in the course of constructing a new residential structure.

�� (9)(a) �Home inspector� means a person who, for a fee, inspects and provides written reports on the overall physical condition of a residential structure.

�� (b) �Home inspector� does not include persons certified under ORS chapter 455 to inspect new, repaired or altered structures for compliance with the state building code.

�� (10) �Key employee� means an employee or owner of a contractor who is a corporate officer, manager, superintendent, foreperson or lead person or any other employee the board identifies by rule.

�� (11) �Large commercial structure� means a structure that is not a residential structure or small commercial structure.

�� (12) �Officer� means any of the following persons:

�� (a) A president, vice president, secretary, treasurer or director of a corporation.

�� (b) A general partner in a limited partnership.

�� (c) A manager in a manager-managed limited liability company.

�� (d) A member of a member-managed limited liability company.

�� (e) A trustee.

�� (f) A person the board defines by rule as an officer. The definition of officer adopted by board rule may include persons not listed in this subsection who may exercise substantial control over a business.

�� (13) �PEO relationship� has the meaning given that term in ORS 656.849.

�� (14) �Professional employer organization� has the meaning given that term in ORS 656.849.

�� (15) �Residential contractor� means a licensed contractor that holds an endorsement as a:

�� (a) Residential general contractor;

�� (b) Residential specialty contractor;

�� (c) Residential limited contractor;

�� (d) Residential developer;

�� (e) Residential locksmith services contractor;

�� (f) Residential restoration contractor;

�� (g) Home inspector services contractor;

�� (h) Home services contractor; or

�� (i) Home energy performance score contractor.

�� (16) �Residential developer� means a developer of property that is zoned for or intended for use compatible with a residential or small commercial structure.

�� (17)(a) �Residential structure� means:

�� (A) A residence that is a site-built home;

�� (B) A structure that contains one or more dwelling units and is four stories or less above grade;

�� (C) A condominium, rental residential unit or other residential dwelling unit that is part of a larger structure, if the property interest in the unit is separate from the property interest in the larger structure;

�� (D) A modular home constructed off-site;

�� (E) A manufactured dwelling;

�� (F) A floating home as defined in ORS 830.700; or

�� (G) An appurtenance to a home, structure, unit or dwelling described in subparagraphs (A) to (F) of this paragraph.

�� (b) �Residential structure� does not mean:

�� (A) Subject to paragraph (a)(C) of this subsection, a structure that contains both residential and nonresidential units;

�� (B) Transient lodging;

�� (C) A residential school or residence hall;

�� (D) A state or local correctional facility;

�� (E) A youth correction facility as defined in ORS 420.005;

�� (F) A youth care center operated by a county juvenile department under administrative control of a juvenile court pursuant to ORS 420.855 to 420.885;

�� (G) A detention facility as defined in ORS 419A.004;

�� (H) A nursing home;

�� (I) A hospital; or

�� (J) A place constructed primarily for recreational activities.

�� (18) �Responsible managing individual� means an individual who:

�� (a) Is an owner described in ORS 701.094 or an employee of the business;

�� (b) Exercises management or supervisory authority, as defined by the board by rule, over the construction activities of the business; and

�� (c)(A) Successfully completed the training and testing required for licensing under ORS 701.122 within a period the board identifies by rule;

�� (B) Demonstrated experience the board requires by rule; or

�� (C) Complied with the licensing requirements of ORS 446.395.

�� (19) �Small commercial structure� means:

�� (a) A nonresidential structure that has a ground area of 10,000 square feet or less, including exterior walls, and a height of not more than 20 feet from the top surface of the lowest flooring to the highest interior overhead finish of the structure;

�� (b) A nonresidential leasehold, rental unit or other unit that is part of a larger structure, if the unit has a ground area of 12,000 square feet or less, excluding exterior walls, and a height of not more than 20 feet from the top surface of the lowest flooring to the highest interior overhead finish of the unit;

�� (c) A nonresidential structure of any size for which the contract price of all construction contractor work to be performed on the structure as part of a construction project does not total more than $250,000; or

�� (d) An appurtenance to a structure or unit described in paragraphs (a) to (c) of this subsection.

�� (20) �Specialty contractor� means a contractor who performs work on a structure, project, development or improvement and whose operations as such do not fall within the definition of �general contractor.� �Specialty contractor� includes a person who performs work regulated under ORS 446.395.

�� (21) �Zero-lot-line dwelling� means a single-family dwelling unit constructed in a group of attached units in which:

�� (a) Each attached unit extends from foundation to roof with open space on two sides; and

�� (b) Each dwelling unit is separated by a property line.

�� 701.007 [1989 c.928 �3; repealed by 1991 c.79 �3]

�� 701.010 Exemptions from licensure; rules. The Construction Contractors Board may adopt rules to make licensure optional for persons who offer, bid or undertake to perform work peripheral to construction, as defined by administrative rule of the board. The following persons are exempt from licensure under this chapter:

�� (1) A person who is constructing, altering, improving or repairing personal property.

�� (2) A person who is constructing, altering, improving or repairing a structure located within the boundaries of any site or reservation under the jurisdiction of the federal government.

�� (3) A person who furnishes materials, supplies, equipment or finished product and does not fabricate them into, or consume them, in the performance of the work of a contractor.

�� (4) A person working on one structure or project, under one or more contracts, when the aggregate price of all of that person�s contracts for labor, materials and all other items is less than $1,000 and such work is of a casual, minor or inconsequential nature. This subsection does not apply to a person who advertises or puts out any sign or card or other device that might indicate to the public that the person is a contractor.

�� (5) An owner who contracts for work to be performed by a licensed contractor. This subsection does not apply to a person who, in the pursuit of an independent business, constructs, remodels, repairs or for compensation and with the intent to sell the structure, arranges to have constructed, remodeled or repaired a structure with the intent of offering the structure for sale before, upon or after completion. It is prima facie evidence that there was an intent of offering the structure for sale if the person who constructed, remodeled or repaired the structure or arranged to have the structure constructed, remodeled or repaired does not occupy the structure after its completion.

�� (6) An owner who contracts for one or more licensed contractors to perform work wholly or partially within the same calendar year on not more than three existing residential structures of the owner. This subsection does not apply to an owner contracting for work that requires a building permit unless the work that requires a permit is performed by, or under the direction of, a residential general contractor.

�� (7) A person performing work on a property that person owns or performing work as the owner�s employee, whether the property is occupied by the owner or not, or a person performing work on that person�s residence, whether or not that person owns the residence. This subsection does not apply to a person performing work on a structure owned by that person or the owner�s employee, if the work is performed in the pursuit of an independent business with the intent of offering the structure for sale before, upon or after completion.

�� (8) A person licensed or registered in one of the following trades or professions when operating within the scope of that license or registration:

�� (a) An architect registered by the State Board of Architect Examiners.

�� (b) A professional engineer registered by the State Board of Examiners for Engineering and Land Surveying.

�� (c) A water well contractor licensed by the Water Resources Department.

�� (d) A sewage disposal system installer licensed by the Department of Environmental Quality.

�� (e) A landscape contracting business licensed under ORS 671.510 to 671.760.

�� (f) A pesticide operator licensed under ORS 634.116 who does not conduct inspections for wood destroying organisms for the transfer of real estate.

�� (g) An appraiser certified or licensed under ORS chapter 674 or an appraiser assistant registered under ORS chapter 674 by the Appraiser Certification and Licensure Board.

�� (9) A landscape contracting business operating within the scope of a license issued under ORS

ORS 45.297

45.297;

�� (j) Establishing a process for receiving comments and input on compliance with the code of professional responsibility adopted under ORS 45.288; and

�� (k) Establishing a process by which an adversely affected interpreter may seek review of any decision made by the State Court Administrator on renewal, suspension or cancellation of a certificate.

�� (2) An interpreter may be certified in Oregon by the State Court Administrator upon satisfactory proof that the interpreter is certified in good standing by the federal courts or by a state having a certification program that is equivalent to the program established under this section. [1993 c.687 �3; 2001 c.242 �3; 2007 c.70 �15]

�� 45.292 Certification required for use of title or designation �certified court interpreter� or �court certified interpreter.� (1) Except as provided in this section, a person may not assume or use the title or designation �certified court interpreter� or �court certified interpreter,� or any other title, designation, words, letters, abbreviation, sign or device tending to indicate that the person is certified for the purposes of providing interpreter services under ORS 45.272 to 45.297.

�� (2) Subsection (1) of this section does not apply to any person who:

�� (a) Is certified under the program established under ORS 45.291;

�� (b) Is certified as an interpreter by the federal courts; or

�� (c) Is certified as an interpreter in another state that has a certification program that is equivalent to the program established under ORS 45.291. [1999 c.1041 �8]

�� 45.294 Court Interpreter and Shorthand Reporter Certification Account; sources; uses. (1) The Court Interpreter and Shorthand Reporter Certification Account is established as an account in the General Fund of the State Treasury. All moneys received by the State Court Administrator from fees imposed under ORS 8.445 and 45.291 shall be paid into the State Treasury and credited to the account. All moneys in the account are appropriated continuously to the State Court Administrator to carry out the provisions of ORS 8.415 to 8.455 and 45.291.

�� (2) The State Court Administrator may apply for and receive funds or grants from federal, state and private sources to be credited to the Court Interpreter and Shorthand Reporter Certification Account and used for the purposes specified in ORS 8.415 to 8.455 and 45.291. [1993 c.687 �4; 1995 c.386 �7]

�� 45.297 Authority to enter into service contracts. The State Court Administrator may enter into service contracts and may establish uniform policies and procedures, subject to the approval of the Chief Justice of the Supreme Court, governing the appointment, provision and payment of interpreters in proceedings before the circuit courts of the state, including the provision of interpreter services utilizing telecommunications methods. [1993 c.687 �5]

�� 45.310 [Repealed by 1955 c.611 �13]

�� 45.320 [Repealed by 1979 c.284 �199]

�� 45.325 [1955 c.611 �4; repealed by 1979 c.284 �199]

�� 45.330 [Repealed by 1979 c.284 �199]

�� 45.340 [Amended by 1959 c.96 �1; repealed by 1979 c.284 �199]

�� 45.350 [Repealed by 1979 c.284 �199]

�� 45.360 [Repealed by 1979 c.284 �199]

�� 45.370 [Repealed by 1979 c.284 �199]

�� 45.380 [Repealed by 1955 c.611 �13]

REMOTE LOCATION TESTIMONY

�� 45.400 Remote location testimony; when authorized; notice; payment of costs. (1) A party to any civil proceeding or any proceeding under ORS chapter 419B may move that the party or any witness for the moving party may give remote location testimony.

�� (2) A party filing a motion under this section must give written notice to all other parties to the proceeding sufficiently in advance of the trial or hearing at which the remote location testimony will be offered to allow the nonmoving party to challenge the factors specified in subsection (3)(b) of this section and to establish the factors specified in subsection (3)(c) of this section.

�� (3)(a) Except as provided under subsection (5) of this section, the court may allow remote location testimony under this section upon a showing of good cause by the moving party, unless the court determines that the use of remote location testimony would result in prejudice to the nonmoving party and that prejudice outweighs the good cause for allowing the remote location testimony.

�� (b) Factors that a court may consider that would support a finding of good cause for the purpose of a motion under this subsection include:

�� (A) Whether the witness or party might be unavailable because of age, infirmity or mental or physical illness.

�� (B) Whether the party filing the motion seeks to take the remote location testimony of a witness whose attendance the party has been unable to secure by process or other reasonable means.

�� (C) Whether a personal appearance by the witness or party would be an undue hardship on the witness or party.

�� (D) Whether a perpetuation deposition under ORCP 39 I, or another alternative, provides a more practical means of presenting the testimony.

�� (E) Any other circumstances that constitute good cause.

�� (c) Factors that a court may consider that would support a finding of prejudice under this subsection include:

�� (A) Whether the ability to evaluate the credibility and demeanor of a witness or party in person is critical to the outcome of the proceeding.

�� (B) Whether the nonmoving party demonstrates that face-to-face cross-examination is necessary because the issue or issues the witness or party will testify about may be determinative of the outcome.

�� (C) Whether the exhibits or documents the witness or party will testify about are too voluminous to make remote location testimony practical.

�� (D) The nature of the proceeding, with due consideration for a person�s liberty or parental interests.

�� (E) Whether reliable facilities and technology that would permit the taking of remote location testimony are readily available to the court, counsel, parties and the witness.

�� (F) Whether the nonmoving party demonstrates that other circumstances exist that require the personal appearance of a witness or party.

�� (4) In exercising its discretion to allow remote location testimony under this section, a court may authorize telephone or other nonvisual transmission only upon finding that video transmission is not readily available.

�� (5) The court may not allow use of remote location testimony in a jury trial unless good cause is shown and there is a compelling need for the use of remote location testimony.

�� (6) A party filing a motion for remote location testimony under this section must pay all costs of the remote location testimony, including the costs of alternative procedures or technologies used for the taking of remote location testimony. No part of those costs may be recovered by the party filing the motion as costs and disbursements in the proceeding.

�� (7) This section does not apply to a workers� compensation hearing or to any other administrative proceeding.

�� (8) As used in this section:

�� (a) �Remote location testimony� means live testimony given by a witness or party from a physical location outside of the courtroom of record via simultaneous electronic transmission.

�� (b) �Simultaneous electronic transmission� means television, telephone or any other form of electronic communication transmission if the form of transmission allows:

�� (A) The court, the attorneys and the person testifying from a remote location to communicate with each other during the proceeding;

�� (B) A witness or party who is represented by counsel at the hearing to be able to consult privately with counsel during the proceeding; and

�� (C) The public to hear and, if the transmission includes a visual image, to see the witness or party if the public would otherwise have the right to hear and see the witness or party testifying in the courtroom of record. [1993 c.425 �1; 2001 c.398 �1; 2003 c.262 �1; 2017 c.240 �1; 2025 c.23 �1]

�� 45.410 [Repealed by 1979 c.284 �199]

�� 45.420 [Repealed by 1979 c.284 �199]

�� 45.430 [Repealed by 1979 c.284 �199]

�� 45.440 [Repealed by 1979 c.284 �199]

�� 45.450 [Repealed by 1979 c.284 �199]

�� 45.460 [Repealed by 1979 c.284 �199]

�� 45.470 [Repealed by 1979 c.284 �199]

�� 45.510 [Repealed by 1981 c.892 �98]

�� 45.520 [Repealed by 1981 c.892 �98]

�� 45.530 [Repealed by 1981 c.892 �98]

�� 45.540 [Repealed by 1981 c.892 �98]

�� 45.550 [Repealed by 1981 c.892 �98]

�� 45.560 [Repealed by 1981 c.892 �98]

�� 45.570 [Repealed by 1981 c.892 �98]

�� 45.580 [Repealed by 1981 c.892 �98]

�� 45.590 [Repealed by 1981 c.892 �98]

�� 45.600 [Repealed by 1981 c.892 �98]

�� 45.610 [Repealed by 1981 c.892 �98]

�� 45.620 [Repealed by 1981 c.892 �98]

�� 45.630 [Repealed by 1981 c.892 �98]

PENALTIES

�� 45.900 Penalty for violation of ORS 45.135 or 45.138. Violation of ORS 45.135 or 45.138 is a Class B violation. [1999 c.942 �3; 1999 c.1051 �322d; 2011 c.597 �152]

�� 45.910 [1959 c.523 ��1,2,3; repealed by 1979 c.284 �199]

ORS 453.030

453.030; 1977 c.582 �50]

�� 453.185 False representation by purchaser prohibited. It is unlawful for any person to give a fictitious name or make any false representations to the seller or dealer when buying any of the poisons or any caustic or corrosive substances specified in ORS 453.005 (14) or in the rules of the State Board of Pharmacy. [Formerly 453.070; 1977 c.582 �51]

ART AND CRAFT MATERIALS

(Generally)

�� 453.205 Definitions for ORS 453.205 to 453.275. As used in ORS 453.205 to 453.275:

�� (1) �Art or craft material� means any raw or processed material or manufactured product marketed or being represented by the manufacturer, repackager or principal importer as being suitable for use in any phase of the creation of any work of visual or graphic art of any medium. �Art or craft material� does not include economic poisons subject to the Federal Insecticide, Fungicide, and Rodenticide Act (61 Stat. 163) or drugs, devices or cosmetics, which are subject to the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040).

�� (2) �Authority� means the Oregon Health Authority.

�� (3) �Human carcinogen� means any substance listed as a human carcinogen by the International Agency for Research on Cancer.

�� (4) �Medium� includes, but is not limited to, paintings, drawings, prints, sculpture, ceramics, enamels, jewelry, stained glass, plastic sculpture, photographs and leather and textile goods.

�� (5) �Potential human carcinogen� means one of the following:

�� (a) Any substance which does not meet the definition of human carcinogen, but for which there exists sufficient evidence of carcinogenicity in animals, as determined by the International Agency for Research on Cancer.

�� (b) Any chemical shown to be changed by the human body into a human carcinogen.

�� (6) �Toxic substance causing chronic illness� means any of the following:

�� (a) Human carcinogens.

�� (b) Potential human carcinogens.

�� (c) Any substance included in the list of hazardous substances prepared by the Department of Consumer and Business Services pursuant to the Hazard Communication Rule, Division 155, notwithstanding exemptions made for substances on the list which are used in particular forms, circumstances or concentrations, if the health hazard presented by the substance is not the subject of label statements required by federal law. [1985 c.539 �1; 2009 c.595 �890]

�� 453.210 [Repealed by 1971 c.409 �16]

�� 453.215 Legislative findings. The Legislative Assembly:

�� (1) Finds and declares that there exists a significant danger to the public health and safety from exposure to art or craft material which contains toxic chemicals. This health risk threatens not only professional artists and craftspersons, but art teachers, students at every educational level, hobbyists and children. Toxic substances may be employed during the course and scope of creating art or craft objects of all varieties.

�� (2) Finds and declares that present labeling of ingredients and hazards of art or craft material is insufficient to adequately protect the consumers of this state from chronic adverse health effects. Because many persons do not know what toxic chemical substances they work with, proper precautionary actions cannot be taken. Disclosure of toxic ingredients, their possible adverse effects on health, and instructions for safe handling, will substantially minimize unnecessary exposure to excessive risk.

�� (3) Finds and declares that it is consistent to impose upon those who manufacture, repackage and distribute art or craft material a duty to convey to consumers information about the potential health hazards of the products they manufacture.

�� (4) Finds and declares that school children are not sufficiently protected by present health laws insofar as materials which may be seriously harmful are not so labeled and therefore children are not properly warned as to the dangers inherent in the use of these materials.

�� (5) Intends by ORS 453.205 to 453.275 to insure that consumers be provided information concerning the nature of the toxic substances with which they are working and the known and suspected health hazards of these substances and to insure the uniformity of labeling standards, so that materials with similar hazards also have essentially similar labels and to insure that elementary school children are protected by prohibiting the sale of those toxic substances to schools and school districts for use in kindergarten and grades 1 through 6. [1985 c.539 �2]

�� 453.220 [Repealed by 1971 c.409 �16]

(Regulation; Prohibited Acts)

�� 453.225 When presumption of toxic ingredient arises. For the purposes of ORS 453.205 to 453.275, an art or craft material shall be presumed to contain an ingredient which is a toxic substance causing chronic illness if the ingredient, whether an intentional ingredient or an impurity, is one percent or more by weight of the mixture or product, or if the Oregon Health Authority determines that the toxic or carcinogenic properties of the art or craft material are such that labeling is necessary for the adequate protection of the public health and safety. [1985 c.539 �3; 2009 c.595 �891]

�� 453.230 [Repealed by 1971 c.409 �16]

�� 453.235 Distribution of material containing toxic substances; warnings required; exemptions. (1) No person shall distribute any art or craft material containing toxic substances causing chronic illness on which the person:

�� (a) Has failed to affix a conspicuous label containing the signal word �WARNING,� to alert users of potential adverse health effects.

�� (b) Has failed to affix a conspicuous label warning of the health-related dangers of the art or craft material. If a product contains:

�� (A) A human carcinogen, the warning shall contain the statement: �CANCER HAZARD! Overexposure may create cancer risk.�

�� (B) A potential human carcinogen and does not contain a human carcinogen, the warning shall contain the statement: �POSSIBLE CANCER HAZARD! Overexposure might create cancer risk.�

�� (C) A toxic substance causing chronic illness, the warning shall contain, but not be limited to, the following statement or statements where applicable:

�� (i) �May cause sterility or damage to reproductive organs.�

�� (ii) �May cause birth defects or harm to developing fetus.�

�� (iii) �May be excreted in human milk causing harm to nursing infant.�

�� (iv) �May cause central nervous system depression or injury.�

�� (v) �May cause numbness or weakness in the extremities.�

�� (vi) �Overexposure may cause damage to (specify organ).�

�� (vii) �Heating above (specify degrees) may cause hazardous decomposition products.�

�� (D) More than one chronically toxic substance, or if a single substance can cause more than one chronic health effect, the required statements may be combined into one warning statement.

�� (c) Has failed to affix on the label a list of ingredients that are toxic substances causing chronic illness.

�� (d) Has failed to affix on the label a statement or statements of safe use and storage instructions, conforming to the following list. The label shall contain, but not be limited to, as many of the following risk statements as are applicable:

�� (A) �Keep out of reach of children.�

�� (B) �When using, do not eat, drink or smoke.�

�� (C) �Wash hands after use and before eating, drinking or smoking.�

�� (D) �Keep container tightly closed.�

�� (E) �Store in well-ventilated area.�

�� (F) �Avoid contact with skin.�

�� (G) �Wear protective clothing (specify type).�

�� (H) �Wear National Institute of Occupational Safety and Health (NIOSH) certified masks for dusts, mists or fumes.�

�� (I) �Wear NIOSH certified respirator with appropriate cartridge for (specify type).�

�� (J) �Wear NIOSH certified supplied air respirator.�

�� (K) �Use window exhaust fan to remove vapors and ensure adequate ventilation (specify explosion proof if necessary).�

�� (L) �Use local exhaust hood (specify type).�

�� (M) �Do not heat above (specify degrees) without adequate ventilation.�

�� (N) �Do not use or mix with (specify material).�

�� (e) Has failed to affix on the label a statement on where to obtain more information, such as �call your local poison control center for more health information.�

�� (f) Has failed to affix on the label the name and address of the manufacturer.

�� (2)(a) If the information listed in subsection (1)(d) of this section cannot fit on the package label, a package insert shall be required to convey all the necessary information to the consumer. In this event, the label shall contain a statement to refer to the package insert, such as �CAUTION: See package insert before use.� The language on this insert shall be nontechnical and nonpromotional in tone and content.

�� (b) For purposes of this subsection, �package insert� means a display of written, printed or graphic matter upon a leaflet or suitable material accompanying the art supply.

�� (3) The requirements set forth in this section shall not be considered to be complied with unless the required words, statements or other information appear on the outside container or wrapper, or on a package insert that is easily legible through the outside container or wrapper and is painted in a color in contrast with the product or the package containing the product.

�� (4) The Oregon Health Authority may exempt a material from full compliance with ORS 453.205 to

ORS 453.912

453.912.

�� (b) As used in this subsection, �vehicle� and �premises� do not include public places, as defined in ORS 161.015.

�� (2) Child neglect in the first degree is a Class B felony.

�� (3) Subsection (1) of this section does not apply if the controlled substance is marijuana and is delivered for no consideration.

�� (4) The Oregon Criminal Justice Commission shall classify child neglect in the first degree as crime category 6 of the sentencing guidelines grid of the commission if the controlled substance being delivered or manufactured is methamphetamine. [1991 c.832 �1; 2001 c.387 �1; 2001 c.870 �11; 2005 c.708 �2; 2017 c.21 �44]

�� Note: 163.547 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 163.555 Criminal nonsupport. (1) A person commits the crime of criminal nonsupport if, being the parent, lawful guardian or other person lawfully charged with the support of a child under 18 years of age, born in or out of wedlock, the person knowingly fails to provide support for such child.

�� (2) It is no defense to a prosecution under this section that either parent has contracted a subsequent marriage, that issue has been born of a subsequent marriage, that the defendant is the parent of issue born of a prior marriage, that the child is being supported by another person or agency or that the defendant was adjudicated not to be a parent of the child under ORS 109.148.

�� (3) It is an affirmative defense to a prosecution under this section that the defendant has a lawful excuse for failing to provide child support.

�� (4) If the defendant intends to rely on the affirmative defense created in subsection (3) of this section, the defendant must give the district attorney written notice of the intent to do so at least 30 days prior to trial. The notice must describe the nature of the lawful excuse upon which the defendant proposes to rely. If the defendant fails to file notice as required by this subsection, the defendant may not introduce evidence of a lawful excuse unless the court finds there was just cause for the defendant�s failure to file the notice within the required time.

�� (5) Criminal nonsupport is a Class C felony. [1971 c.743 �175; 1993 c.33 �308; 1999 c.954 �3; 2005 c.502 �1; 2025 c.592 �100]

�� 163.565 Evidence of parentage; confidentiality between spouses not applicable; spouses competent and compellable witnesses. (1) Proof that a child was born during the time a person lived and cohabited with the child�s mother, or held the child�s mother out as that person�s spouse in a marriage, is prima facie evidence that the person is the parent of the child. This subsection does not exclude any other legal evidence tending to establish the parental relationship.

�� (2) No provision of law prohibiting the disclosure of confidential communications between spouses in a marriage apply to prosecutions for criminal nonsupport. A spouse is a competent and compellable witness for or against either party. [1971 c.743 �176; 2015 c.629 �30; 2017 c.651 �36]

�� 163.575 Endangering the welfare of a minor. (1) A person commits the offense of endangering the welfare of a minor if the person knowingly:

�� (a) Induces, causes or permits an unmarried person under 18 years of age to witness an act of sexual conduct or sadomasochistic abuse as defined in ORS 167.060;

�� (b) Permits a person under 18 years of age to enter or remain in a place where unlawful activity involving controlled substances or cannabis is maintained or conducted;

�� (c) Induces, causes or permits a person under 18 years of age to participate in gambling as defined in ORS 167.117; or

�� (d) Sells to a person under 18 years of age any device in which cannabis, cocaine or any controlled substance, as defined in ORS 475.005, is burned and the principal design and use of which is directly or indirectly to deliver cannabis smoke, cocaine smoke or smoke from any controlled substance into the human body, including but not limited to:

�� (A) Pipes, water pipes, hookahs, wooden pipes, carburetor pipes, electric pipes, air driven pipes, corncob pipes, meerschaum pipes and ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls;

�� (B) Carburetion tubes and devices, including carburetion masks;

�� (C) Bongs;

�� (D) Chillums;

�� (E) Ice pipes or chillers;

�� (F) Rolling papers and rolling machines; and

�� (G) Cocaine free basing kits.

�� (2) Endangering the welfare of a minor is a Class A misdemeanor. [1971 c.743 �177; 1973 c.827 �20; 1979 c.744 �8; 1981 c.838 �1; 1983 c.740 �31; 1991 c.970 �5; 1995 c.79 �52; 1999 c.1051 �153; 2011 c.597 �79; 2014 c.20 �1; 2015 c.158 �5; 2017 c.21 �45; 2017 c.701 �18]

�� 163.577 Failing to supervise a child. (1) A person commits the offense of failing to supervise a child if the person is the parent, lawful guardian or other person lawfully charged with the care or custody of a child under 15 years of age and the child:

�� (a) Commits an act that brings the child within the jurisdiction of the juvenile court under ORS 419C.005;

�� (b) Violates a curfew law of a county or any other political subdivision; or

�� (c) Fails to attend school as required under ORS 339.010.

�� (2) Nothing in this section applies to a child-caring agency as defined in ORS 418.205 or to foster parents.

�� (3) In a prosecution of a person for failing to supervise a child under subsection (1)(a) of this section, it is an affirmative defense that the person:

�� (a) Is the victim of the act that brings the child within the jurisdiction of the juvenile court; or

�� (b) Reported the act to the appropriate authorities.

�� (4) In a prosecution of a person for failing to supervise a child under subsection (1) of this section, it is an affirmative defense that the person took reasonable steps to control the conduct of the child at the time the person is alleged to have failed to supervise the child.

�� (5)(a) Except as provided in subsection (6) or (7) of this section, in a prosecution of a person for failing to supervise a child under subsection (1)(a) of this section, the court shall order the person to pay restitution under ORS 137.103 to 137.109 to a victim for economic damages arising from the act of the child that brings the child within the jurisdiction of the juvenile court.

�� (b) The amount of restitution ordered under this subsection may not exceed $2,500.

�� (6) If a person pleads guilty or is found guilty of failing to supervise a child under this section and if the person has not previously been convicted of failing to supervise a child, the court:

�� (a) Shall warn the person of the penalty for future convictions of failing to supervise a child and shall suspend imposition of sentence.

�� (b) May not order the person to pay restitution under this section.

�� (7)(a) If a person pleads guilty or is found guilty of failing to supervise a child under this section and if the person has only one prior conviction for failing to supervise a child, the court, with the consent of the person, may suspend imposition of sentence and order the person to complete a parent effectiveness program approved by the court. Upon the person�s completion of the parent effectiveness program to the satisfaction of the court, the court may discharge the person. If the person fails to complete the parent effectiveness program to the satisfaction of the court, the court may impose a sentence authorized by this section.

�� (b) There may be only one suspension of sentence under this subsection with respect to a person.

�� (8) The juvenile court has jurisdiction over a first offense of failing to supervise a child under this section.

�� (9) Failing to supervise a child is a Class A violation. [1995 c.593 �1; 1999 c.1051 �154; 2003 c.670 �5; 2005 c.564 �8]

�� Note: 163.577 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 163.580 Display of sign concerning sale of smoking devices. (1) A person who sells any of the smoking devices listed in ORS 163.575 (1)(d) shall display a sign clearly stating that the sale of such devices to persons under 18 years of age is prohibited by law.

�� (2) A person who violates this section commits a Class B violation. [1981 c.838 �2; 1999 c.1051 �155; 2015 c.158 �32; 2017 c.701 �19]

�� Note: 163.580 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 163.605 [1971 c.743 �287; repealed by 1985 c.366 �1]

�� 163.610 [Repealed by 1971 c.743 �432]

�� 163.620 [Repealed by 1971 c.743 �432]

�� 163.630 [Repealed by 1971 c.743 �432]

�� 163.635 [1955 c.308 �1; repealed by 1971 c.743 �432]

�� 163.640 [Repealed by 1971 c.743 �432]

�� 163.650 [Repealed by 1971 c.743 �432]

�� 163.660 [Repealed by 1971 c.743 �432]

VISUAL RECORDING OF SEXUAL CONDUCT OF CHILDREN

�� 163.665 Definitions. As used in ORS 163.665 to 163.693:

�� (1) �Child� means a person who is less than 18 years of age, and any reference to a child in relation to a visual recording of the child is a reference to a person who was less than 18 years of age at the time the original image in the visual recording was created and not the age of the person at the time of an alleged offense relating to the subsequent reproduction, use or possession of the visual recording.

�� (2) �Child abuse� means conduct that constitutes, or would constitute if committed in this state, a crime in which the victim is a child.

�� (3) �Sexually explicit conduct� means actual or simulated:

�� (a) Sexual intercourse or deviant sexual intercourse;

�� (b) Genital-genital, oral-genital, anal-genital or oral-anal contact, whether between persons of the same or opposite sex or between humans and animals;

�� (c) Penetration of the vagina or rectum by any object other than as part of a medical diagnosis or treatment or as part of a personal hygiene practice;

�� (d) Masturbation;

�� (e) Sadistic or masochistic abuse; or

�� (f) Lewd exhibition of sexual or other intimate parts.

�� (4) �Visual depiction� includes, but is not limited to, visual recordings, pictures and computer-generated images and pictures, whether made or produced by electronic, mechanical or other means.

�� (5) �Visual recording� includes, but is not limited to, photographs, films, videotapes and computer and other digital pictures, regardless of the manner in which the recording is stored. [1985 c.557 �2; 1987 c.864 �1; 1991 c.664 �4; 1995 c.768 �4; 1997 c.719 �5; 2011 c.515 �1]

�� 163.670 Using child in display of sexually explicit conduct. (1) A person commits the crime of using a child in a display of sexually explicit conduct if the person:

�� (a) Employs, authorizes, permits, compels or induces a child to participate or engage in sexually explicit conduct for any person to observe or to record in a visual recording; or

�� (b) Knowingly records in a visual recording a child participating or engaging in sexually explicit conduct.

�� (2) Using a child in a display of sexually explicit conduct is a Class A felony. [1985 c.557 �3; 1987 c.864 �3; 1991 c.664 �5; 2011 c.515 �2; 2023 c.407 �2]

�� 163.672 [1991 c.664 �2; repealed by 1995 c.768 �16]

�� 163.673 [1987 c.864 �4; 1991 c.664 �6; repealed by 1995 c.768 �16]

�� 163.675 [1985 c.557 �4; repealed by 1987 c.864 �15]

�� 163.676 Exemption from prosecution under ORS 163.684. (1) No employee is liable to prosecution under ORS

ORS 454.635

454.635 (3), must be reasonable and take into account any resources or technical assistance available to the property owner.

�� (5) The department may not impose a civil penalty for a violation of any rule adopted under ORS 454.625 as a result of an inspection carried out under this section unless:

�� (a) The period for remedying the violation provided in the order described in ORS 454.635 (3) has lapsed; and

�� (b) Notice of the violation complied with ORS 454.635 and subsection (4) of this section.

�� (6) The department shall grant an extension of the time for the person receiving the notice to take remedial action if the following conditions are met:

�� (a) The person against which the civil penalty would be issued meets the definition of a low income household as defined in ORS 456.270; and

�� (b) The person is eligible for and has applied for financial assistance to remedy the violation and:

�� (A) The application was denied due to lack of available funds or resources; or

�� (B) The application is pending and may be approved. [2025 c.605 �19]

�� 454.655 Permit required for construction; application; rules; time limit; special application procedure for septic tank installation on parcel of 10 acres or more. (1) Except as otherwise provided in ORS 454.675, without first obtaining a permit from the Department of Environmental Quality, no person shall construct or install a subsurface sewage disposal system, alternative sewage disposal system or part thereof. However, a person may undertake emergency repairs limited to replacing minor broken components of the system without first obtaining a permit.

�� (2) A permit required by subsection (1) of this section shall be issued only in the name of an owner or contract purchaser in possession of the land. However, a permit issued to an owner or contract purchaser carries the condition that the owner or purchaser or regular employees or a person licensed under ORS 454.695 perform all labor in connection with the construction of the subsurface or alternative sewage disposal system.

�� (3) The applications for a permit required by this section must be accompanied by the permit fees prescribed in ORS 454.745.

�� (4)(a) After receipt of an application and all requisite fees, subject to ORS 454.685, the department shall issue a permit if it finds that the proposed construction will be in accordance with the rules of the Environmental Quality Commission. A permit may not be issued if a community or area-wide sewerage system is available which will satisfactorily accommodate the proposed sewage discharge. The prohibition on the issuance of a permit in this subsection does not apply to a public agency as defined in ORS 454.430.

�� (b) The commission may adopt rules for determining whether a community or area-wide sewerage system is available, including consideration of:

�� (A) The legal availability and physical availability of a sewerage system;

�� (B) The scope and magnitude of the proposed repairs to an existing subsurface sewage disposal system or alternative sewage disposal system;

�� (C) The cost of repairs to an existing subsurface sewage disposal system or alternative sewage disposal system compared to the cost of connecting to a sewerage system;

�� (D) Statewide planning goals; and

�� (E) Environmental and public health concerns associated with the proximity of seepage pits, cesspools or drainfields to wells or waters of this state.

�� (5)(a) Unless weather conditions or distance and unavailability of transportation prevent the issuance of a permit within 20 days of the receipt of the application and fees by the department, the department shall issue or deny the permit within 20 days after such date. If such conditions prevent issuance or denial within 20 days, the department shall notify the applicant in writing of the reason for the delay and shall issue or deny the permit within 60 days after such notification.

�� (b) If within 20 days of the date of the application the department fails to issue or deny the permit or to give notice of conditions preventing such issuance or denial, the permit shall be considered to have been issued.

�� (c) If within 60 days of the date of the notification referred to in paragraph (a) of this subsection, the department fails to issue or deny the permit, the permit shall be considered to have been issued.

�� (6) Upon request of any person, the department may issue a report, described in ORS 454.755 (1), of evaluation of site suitability for installation of a subsurface or alternative sewage disposal system or nonwater-carried sewage disposal facility. The application for such report must be accompanied by the fees prescribed in ORS 454.755.

�� (7) With respect to an application for a permit for the construction and installation of a septic tank and necessary effluent sewer and absorption facility for a single family residence or for a farm related activity on a parcel of 10 acres or more described in the application by the owner or contract purchaser of the parcel, the Department of Environmental Quality:

�� (a) Within the period allowed by subsection (5)(a) of this section after receipt by it of the application, shall issue the permit or deliver to the applicant a notice of intent to deny the issuance of the permit;

�� (b) In any notice of intent to deny an application, shall specify the reasons for the intended denial based upon the rules of the Environmental Quality Commission for the construction and installation of a septic tank and necessary effluent sewer and absorption facility or based upon the factors included in ORS 454.685 (2)(a) to (j);

�� (c) Upon request of the applicant, shall conduct a hearing in the manner provided in ORS 454.635 (4) and (5) on the reasons specified in a notice of intent to deny the application with the burden of proof upon the department to justify the reasons specified; and

�� (d) In the case of issuance of a permit, may include as a condition of the permit that no other permit for a subsurface sewage disposal system or alternative sewage disposal system shall be issued for use on the described parcel while the approved septic tank, effluent sewer and absorption facility are in use on the described parcel. [1973 c.835 �213; 1974 c.30 �2; 1975 c.167 �5; 1975 c.794 �1; 1999 c.551 �6; 2001 c.557 �6; 2023 c.467 �1]

(Temporary provisions relating to certain dwellings destroyed by wildfire)

�� Note: Sections 3 to 5, chapter 217, Oregon Laws 2021, provide:

�� Sec. 3. Section 4 of this 2021 Act is added to and made a part of ORS 454.605 to 454.755. [2021 c.217 �3]

�� Sec. 4. (1) Notwithstanding ORS 454.655 (4), the Department of Environmental Quality shall issue a decision on a permit to repair or replace a subsurface sewage disposal system that serves a dwelling approved under section 2 of this 2021 Act without regard to availability of a community or area-wide sewerage system.

�� (2) Notwithstanding ORS 197.180, the department shall issue a decision on a permit to repair or replace a subsurface sewage disposal system that serves a dwelling approved under section 2 of this 2021 Act without regard to whether a local government has issued a land use compatibility statement for the dwelling.

�� (3) The department shall approve a permit to repair or replace a subsurface sewage disposal system that serves a dwelling approved under section 2 of this 2021 Act if:

�� (a) A subsurface sewage disposal system served the dwelling on July 30, 2020; and

�� (b) Issuance of the permit and operation of the system would not result in pollution of surface waters of the state or result in pollution of ground water that would threaten public health or other beneficial uses of ground water.

�� (4) This section does not apply to a permit for a dwelling for which the owner received financial assistance from the state or federal government for the repair or replacement of the subsurface sewage disposal system.

�� (5) This section does not affect the authority of the department or the Environmental Quality Commission to grant a variance or an exemption for a subsurface sewage disposal system for a dwelling or other use. [2021 c.217 �4]

�� Sec. 5. Sections 2 and 4 of this 2021 Act are repealed on January 2, 2031. [2021 c.217 �5]

�� 454.657 Variance from subsurface sewage disposal system rules or standards; conditions; hearing. (1) After hearing the Environmental Quality Commission may grant to applicants for permits required under ORS 454.655 specific variances from the particular requirements of any rule or standard pertaining to subsurface sewage disposal systems for such period of time and upon such conditions as it may consider necessary to protect the public health and welfare and to protect the waters of the state, as defined in ORS 468B.005. The commission shall grant such specific variance only where after hearing it finds that strict compliance with the rule or standard is inappropriate for cause or because special physical conditions render strict compliance unreasonable, burdensome or impractical.

�� (2) The commission shall adopt rules for granting variances from rules or standards pertaining to subsurface sewage disposal systems in cases of extreme and unusual hardship. The rules shall provide for consideration of the following factors in reviewing applications for variances due to hardship:

�� (a) Advanced age or bad health of applicants;

�� (b) Relative insignificance of the environmental impact of granting a variance; and

�� (c) The need of applicants to care for relatives who are aged or incapacitated or have disabilities.

�� (3) The department shall strive to aid and accommodate the needs of applicants for variances due to hardship.

�� (4) Variances granted due to hardship may contain conditions such as permits for the life of the applicant, limiting the number of permanent residents using a subsurface sewage disposal system and use of experimental systems for specified periods of time. [1975 c.309 �2; 1979 c.591 �4; 2007 c.70 �256]

�� 454.660 Delegation of variance powers; appeal; qualification of officers; hearing and decision. (1) The Environmental Quality Commission shall delegate on such general conditions as it may find appropriate the power to grant variances to special variance officers appointed by the Director of the Department of Environmental Quality. Decisions of the variance officers to grant variances may be appealed to the Environmental Quality Commission.

�� (2) Variance officers appointed under this section shall be persons qualified in soil sciences and possessing knowledge of and experience in subsurface sewage disposal methods.

�� (3) Each request for a variance under ORS 454.657 shall be heard by the appropriate variance officer in the county within which the parcel of real property described in the variance request is located.

�� (4) Each request for a variance shall be heard by the appropriate variance officer within 30 days after the date on which a completed application for a variance has been received by the Department of Environmental Quality. A decision shall be made by the variance officer within 45 days after completion of the hearing on the variance request. [1975 c.309 �3]

�� 454.662 Variance fee; low income elderly exemption. (1) Except as provided in subsection (2) of this section, each application for a variance submitted pursuant to ORS 454.657 must be accompanied by a fee, the amount of which shall be determined by a fee structure adopted by the Environmental Quality Commission as described in ORS

ORS 455.715

455.715 in 1987]

�� 456.809 Sanctions against withdrawing property owner prohibited. (1) Except as expressly authorized in ORS 456.781, 456.788, 456.814 or 456.819 or as may be provided by contract with the property owner, a local government may not:

�� (a) Impose any fine, penalty, tax, fee, charge, assessment or other restriction or sanction against a property owner for withdrawing the participating property from publicly supported housing.

�� (b) Except as an exercise of constitutional or statutory powers of condemnation:

�� (A) Prevent or restrict a property owner from selling or otherwise disposing of participating property.

�� (B) Require conveyance of participating property to the local government or to another party.

�� (C) Impose any fine, penalty, tax, fee, charge, assessment or other restriction or sanction against a property owner for refusing an offer by the Housing and Community Services Department, the department�s designee, a local government or another party to purchase participating property.

�� (2) Subsection (1) of this section does not prohibit a local government that is certified by a federal agency to carry out an agency responsibility or to exercise agency authority from taking any action within the scope of that responsibility or authority. [Formerly 456.265]

�� 456.810 [1973 c.834 �14; 1981 c.343 �3; renumbered 455.720 in 1987]

�� 456.814 Offers by qualified purchasers; right of first refusal; recording. (1) After the owner of a participating property has delivered the notice under ORS 456.781 (1) or 30 months prior to the date when the contract term would expire as described in ORS 456.781 (1)(a), whichever is earlier, the Housing and Community Services Department may appoint a designee to act as purchaser of the participating property. The appointment becomes effective upon the department delivering to the property owner notice of the appointment of a designee. The department must consult with each local government where the property is located before appointing a designee under this subsection. The department shall enter into a written agreement with the appointed designee requiring that the designee and any of the designee�s successors or assigns:

�� (a) Agree to preserve the affordability of the participating property; and

�� (b) Assume all rights and responsibilities attributable to the department as a prospective purchaser of the participating property.

�� (2) No later than 60 days prior to the termination date, a qualified purchaser may deliver by certified mail, with return receipt requested, an offer to the property owner to purchase the participating property, which includes a notice that the qualified purchaser may record a notice of right of first refusal under subsection (3) of this section. A property owner is under no obligation to accept an offer made under this subsection.

�� (3) No earlier than 14 days after delivery of the offer under subsection (2) of this section and no later than the termination date, a qualified purchaser may record in the real property records of the county a notice of right of first refusal in a form prepared by the department that:

�� (a) Includes a legal description of the participating property;

�� (b) Attaches a copy of the notice delivered with the offer and proof of mailing of the notice as required by subsection (2) of this section;

�� (c) Declares that the department or local government party acknowledging the instrument holds the right of first refusal to purchase the property under ORS 456.819 and that the acknowledging party may assign the right of first refusal to a qualified purchaser and that right may be, from time to time, reassigned;

�� (d) Declares that the right of first refusal shall expire 36 months after the termination date;

�� (e) Declares that a copy of the recorded notice of right of first refusal must be promptly delivered to the property owner by the qualified purchaser offering the instrument for recording; and

�� (f) Is executed and acknowledged by an authorized representative of the local government or department in the manner provided for the acknowledgment of deeds.

�� (4) The property owner may not withdraw the participating property from publicly supported housing and terminate the affordability restrictions until the termination date, which may not be sooner than the latest of the date:

�� (a) Thirty months following the owner�s delivery of all notices required under ORS 456.788 (3) and (4);

�� (b) Twenty-four months following the owner�s delivery of all notices required under ORS 456.781 (2);

�� (c) Thirty months following the owner�s delivery of all notices required under ORS 456.781 (1); or

�� (d) Upon which all affordability restriction periods set forth in any contract expire.

�� (5) At any time after the notice described in ORS 456.781 (1) has been delivered, within 30 days of the request from a qualified purchaser, the property owner shall make available documents that are relevant to the participating property at the property owner�s principal place of business or at a commercial photocopying facility.

�� (6)(a) Notwithstanding the provisions of ORS 192.311 to 192.478 relating to public records, the documents provided by the property owner to a qualified purchaser under subsection (5) of this section are confidential and exempt from public inspection except with the written consent of the property owner or as ordered by a court.

�� (b) Notwithstanding paragraph (a) of this subsection, disclosure may be made to potential funding sources, regulatory agencies or agents or consultants of a qualified purchaser in connection with a transaction between the property owner and a qualified purchaser under this section, subject to appropriate confidentiality agreements.

�� (7) The department may record a notice of right of first refusal as described in subsection (3) of this section without delivering an offer if:

�� (a) No qualified purchaser has recorded a right of first refusal 60 days prior to the termination date;

�� (b) The department has given written notice to the owner 14 days in advance; and

�� (c) The notice of right of first refusal is recorded prior to the termination date. [Formerly

ORS 455.800

455.800 to 455.820, including but not limited to rules establishing application, examination, certification and renewal fees. [2001 c.406 �3]

�� Note: See note under 455.800.

�� 455.815 Establishment of master builder programs; waiver of inspections; builder verification of performance. (1) Local government establishment of a master builder program is voluntary. A local government electing to establish or terminate a program shall notify the Department of Consumer and Business Services. If terminating a program, the local government must give the notice six months before the program terminates.

�� (2) The Department of Consumer and Business Services may implement a master builder program in one or more geographic areas for which the department provides plan review or inspection services. A department decision to include an area as a participant in the program affects only those areas, and those reviews or inspections, for which the department provides services instead of a local government. The department shall notify a county prior to implementing a master builder program in areas of the county that are served by the department.

�� (3) A local government may not allow an individual to perform the duties of a master builder unless the local government has a master builder program. The department may allow an individual to perform the duties of a master builder in any geographic area administered by the department.

�� (4) A building official of a government having a master builder program may waive plan review elements by that government and may waive government performance of one or more of the required inspections identified by department rule, including but not limited to inspections described in subsection (6) of this section, if:

�� (a) An individual certified as a master builder submits construction plans for a one or two family dwelling regulated by the Low-Rise Residential Dwelling Code; and

�� (b) The building official determines that:

�� (A) The work is not of a highly technical nature; and

�� (B) There is no unreasonable potential risk to safety of the structure.

�� (5) A building official may not waive government performance of plan review or required inspections for:

�� (a) Special design applications that are complex and highly technical engineered systems; or

�� (b) Unique building sites, including but not limited to sites containing geologic hazards such as landslide hazard areas, floodplains and wetlands.

�� (6) Subject to subsections (3) to (5) of this section, a building official may allow a master builder to verify that the master builder has properly performed an installation on a project and, to the extent that inspection would duplicate the verification conducted by the master builder, may waive government performance of the following required inspections:

�� (a) Drywall;

�� (b) Footings and setbacks;

�� (c) Foundation walls, Ufer grounding rods and rebar;

�� (d) Insulation;

�� (e) Masonry fireplace pre-cover;

�� (f) Masonry rebar;

�� (g) Gutters, downspouts and foundation drains;

�� (h) Roof sheathing nailing;

�� (i) Suspended ceilings;

�� (j) Underfloor structural; and

�� (k) Wall sheathing nailing. [2001 c.406 �4; 2003 c.675 �40]

�� Note: See note under 455.800.

�� 455.820 Plan review and verification; documentation; duties of building official; effect of waiver revocation. (1) A master builder must perform all plan review and required verifications for which government review or inspection has been waived by a building official. The master builder shall maintain copies of all documents and reports required by the government granting the waiver and provide those copies to the building official.

�� (2) When waiving government performance of plan review or required inspections, a building official shall require the master builder to sign a form that specifically identifies each waiver and states that the master builder accepts the duty of performing the review and verifications. A master builder who accepts the duty of performing a review or verification remains responsible for that duty unless released by written and signed permission of the building official. A building official may release a master builder from a review or verification duty by a written and signed assumption of the review or inspection duty by the building official or written and signed assumption of the review and verification duty by another master builder.

�� (3) A building official for a government that has a master builder program:

�� (a) Must conduct inspections of at least 10 percent of projects that are built under a master builder program;

�� (b) May revoke a waiver for a plan review or required inspection if the master builder fails to properly perform, or document performance of, review or verification duties; and

�� (c) Must notify the Department of Consumer and Business Services when the official revokes a waiver pursuant to paragraph (b) of this subsection.

�� (4) When revoking a waiver, a building official shall provide the master builder with a release under subsection (2) of this section from future performance of review or verification duties. A release does not relieve a master builder from liability for the failure to perform, or document performance of, review or verification duties prior to the revocation of the waiver.

�� (5) A government having a master builder program has no legal duty with regard to plan review or required inspections properly waived under ORS 455.815 and accepted by a master builder in a signed form described under subsection (2) of this section. This subsection does not release a government from a duty arising due to a waiver revocation under subsection (3) of this section or an assumption under subsection (2) of this section.

�� (6) A local government may refuse to grant recognition to a certified master builder if a waiver granted to the master builder under that government�s master builder program has been revoked pursuant to subsection (3)(b) of this section. If a waiver is revoked pursuant to subsection (3)(b) of this section, a local government or building official may send a recommendation to the department for action against the master builder who was granted the waiver. The local government or building official may also send the department any information supporting the recommendation. [2001 c.406 �5]

�� Note: See note under 455.800.

(Temporary provisions relating to a lumber grading training pilot program)

�� Note: Sections 1, 2 and 3, chapter 625, Oregon Laws 2025, provide:

�� Sec. 1. (1) The Oregon State University Extension Service shall, in consultation with the Department of Consumer and Business Services, establish a basic lumber grading training pilot program to be offered annually through the extension service. Establishment of the pilot program under this subsection must include a determination of the:

�� (a) General requirements for successfully completing the pilot program.

�� (b) Requirements for initial certification and recertification.

�� (c) Content of the pilot program. At minimum, the content of the pilot program must include:

�� (A) A minimum of eight instructional hours, including hands-on practice with physical lumber samples; and

�� (B) Instruction in regionally relevant species identification, moisture content considerations and visual grading criteria for structural dimension lumber.

�� (d) Certification requirements for instructors teaching the pilot program. At minimum, to be certified instructors must:

�� (A) Demonstrate substantial expertise in visual lumber grading through:

�� (i) A valid grader certification from an organization that administers an accreditation program for the grademarking of lumber produced under a system that is the basis for the sale and purchase of softwood lumber;

�� (ii) Seven years of professional experience in lumber grading, quality control or wood products education, with demonstrated knowledge of visual grading rules applicable to regionally relevant species; or

�� (iii) Equivalent qualifications approved by the extension service based on professional history, training and relevant industry involvement; and

�� (B) Maintain continued competency through industry involvement, refresher coursework or other methods approved by the extension service.

�� (2) The extension service shall issue certifications and recertifications to those individuals who have successfully completed the pilot program.

�� (3) An individual who holds an initial certification as having successfully completed the pilot program must be recertified every five years. [2025 c.625 �1]

�� Sec. 2. (1) As used in this section:

�� (a) �Self-graded lumber� means lumber graded by an individual who is certified to grade lumber through the pilot program established under section 1 of this 2025 Act.

�� (b) �Third-party graded lumber� means lumber bearing a valid grade stamp from a grading agency accredited by an organization that administers an accreditation program for the grademarking of lumber produced under a system that is the basis for the sale and purchase of softwood lumber.

�� (2) The Department of Consumer and Business Services shall establish by rule a process by which a builder, designer or owner may use lumber that is tested and approved by an individual who is certified under section 1 of this 2025 Act.

�� (3) The process established under subsection (2) of this section:

�� (a) May not establish, create or accept any new grade or design value as part of the state�s building code.

�� (b) Shall permit the use of self-graded lumber only for structures that are subject to the Oregon Residential Specialty Code.

�� (c) Shall require that the intent of a builder, design professional, contractor and homeowner to use self-graded lumber must be disclosed in writing at the time of the building permit application. Disclosure under this paragraph must be made to an inspector who is licensed by the department or a municipality administering and enforcing a building inspection program. The writing required under this paragraph must be filed with the county clerk, who shall make the writing a part of the permanent deed record of the property.

�� (d) Shall include that the lumber used for self-graded lumber must originate from a known source, requiring a documented relationship or permit between the lumber owner and the purchaser of the milled lumber.

�� (4)(a) No manufacturer, distributor, wholesaler, retailer or grader of third-party graded lumber may be held liable in whole or in part for a failure of or defect in self-graded lumber incorporated in the same structure.

�� (b) This subsection applies only to structures permitted under subsection (3)(b) of this section in which self-graded lumber is incorporated. [2025 c.625 �2]

�� Sec. 3. Sections 1 and 2 of this 2025 Act are repealed on January 2, 2033. [2025 c.625 �3]

�� 455.840 [Formerly 705.700; repealed by 2003 c.675 �49]

�� 455.842 [Formerly 705.705; 2003 c.675 �41; 2005 c.833 �5; renumbered 455.044 in 2005]

�� 455.844 [Formerly 705.710; 2003 c.675 �42; 2005 c.833 ��6,10; renumbered 455.046 in 2005]

�� 455.846 [Formerly 705.715; 2003 c.675 �43; renumbered 455.048 in 2005]

�� 455.848 [Formerly 705.720; repealed by 2003 c.675 �49]

PENALTIES

�� 455.895 Civil penalties. (1)(a) The State Plumbing Board may impose a civil penalty against a person as provided under ORS 447.992 and 693.992. Amounts recovered under this paragraph are subject to ORS 693.165.

�� (b) The Electrical and Elevator Board may impose a civil penalty against a person as provided under ORS 479.995. Amounts recovered under this paragraph are subject to ORS 479.850.

�� (c) The Board of Boiler Rules may impose a civil penalty against a person as provided under ORS

ORS 456.135

456.135, a local government electing under ORS 456.095 to have the powers of a housing authority and a body to which powers and authority are transferred under ORS 456.233.

�� (b) �Intellectual property� and �person� have the meanings given those terms in ORS 456.562.

�� (2) Subject to any superior patent rights or copyrights, a housing authority may license, share or otherwise provide for the use by a person of intellectual property acquired or developed by the authority. Except as provided in this subsection, the housing authority may charge fees for licensing, sharing or otherwise providing for the use of the intellectual property. The housing authority may not charge a fee under this subsection to a federal, state or local government body.

�� (3) A housing authority may take actions that the authority deems necessary and appropriate to carry out this section, including but not limited to applying for patents or copyright registration to perfect or preserve the authority�s rights in intellectual property. [2003 c.605 �2]

�� Note: 456.128 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 456 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 456.130 Investigations, hearings and recommendations of authority. Any authority, acting through one or more commissioners or other persons designated by the authority, may:

�� (1) Conduct examinations and investigations and hear testimony and take proof under oath at private or public hearings on any matter material for its information.

�� (2) Administer oaths, issue subpoenas requiring the attendance of witnesses or the production of books and papers and issue commissions for the examination of witnesses who are outside the state or unable to attend before the authority or excused from attendance.

�� (3) Make available to appropriate agencies, including those charged with the duty of abating or requiring the correction of nuisances or like conditions, or of demolishing unsafe or insanitary structures within the area of operation, its findings and recommendations with regard to any buildings or property where conditions exist which are dangerous to the public health, morals, safety or welfare.

�� 456.135 Delegation of powers or duties. An authority may delegate to one or more of its agents or employees such powers or duties as it deems proper.

�� 456.140 Joinder or cooperation of authorities. Any two or more authorities may join or cooperate with one another in the exercise of any or all of the powers conferred by the Housing Authorities Law for the purpose of financing, planning, undertaking, constructing or operating a housing project or projects located within the area of operation of one or more of the authorities.

�� 456.145 Eminent domain. (1) An authority may acquire, by the exercise of the power of eminent domain, any real property which it deems necessary for its purposes after adoption by it of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes. An authority may exercise the power of eminent domain in the manner provided for in the laws of this state for the condemnation of lands or rights of way by public or quasi-public corporations for public use or for corporate purposes; or in the manner provided by law for the appropriation of real property, or rights therein or thereto, by private corporations; or in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain.

�� (2) Property already devoted to a public use may be acquired in like manner, but no real property belonging to the city, the county, the state or any political subdivision thereof may be acquired without its consent.

�� 456.150 Housing projects subject to local laws; consideration of other programs. (1) All housing projects of an authority shall be subject to the planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality in which the housing project is situated.

�� (2) In the planning and location of any housing project, an authority shall take into consideration the relationship of the project to any larger plan or long-range program for the development of the area in which the housing authority functions.

�� 456.153 Involvement in mixed income housing project. A housing authority may finance, develop, own, manage or operate mixed income housing if the authority determines that a substantial number of persons of eligible income in the area served by the authority cannot obtain housing for 30 percent or less of their income. [1995 c.445 �9; 2007 c.606 �10; 2025 c.537 �8]

�� 456.155 Policy regarding profit from projects; reserves. (1) It hereby is declared to be the policy of this state that:

�� (a) Each housing authority shall manage and operate its housing projects in an efficient and cost-effective manner so as to enable it to set the rents for housing units at the lowest possible rates consistent with providing decent, safe and sanitary housing and fulfilling the unmet need of affordable housing for persons or families of lower income.

�� (b) No housing authority shall construct or operate any such housing for profit, or as a source of revenue to a city or a county.

�� (2) Notwithstanding any provisions of this section to the contrary, a housing authority may establish and maintain reasonable reserves for the purpose of providing additional housing projects that the authority owns or manages and otherwise administering its programs pursuant to this chapter. [Amended by 1977 c.343 �1; 1989 c.874 �4; 1995 c.445 �10]

�� 456.160 Limitations as to rentals. In the operation or management of housing projects, a housing authority shall at all times observe the following duties with respect to rentals and tenant selection:

�� (1) A housing authority may rent or lease the housing only to persons of eligible income, except:

�� (a) If the authority owns, operates or manages the housing and a substantial number of the housing units are required to be rented or leased to persons of eligible income; or

�� (b) If the authority acquires an existing housing unit that houses a tenant not of eligible income, the tenant may remain in the unit at the discretion of the authority, unless the tenant is determined ineligible for reasons other than income qualification.

�� (2) A housing authority may rent or lease the housing at rents no higher than will provide revenue sufficient to give financial stability to the housing authority. This limitation does not apply to housing units that are owned, operated or managed as described in subsection (1) of this section if the units are not occupied by families receiving assistance from an authority. [Amended by 1973 c.672 �11; 1977 c.667 �3; 1987 c.821 �3; 1995 c.445 �11; 2007 c.606 �11]

�� 456.165 Vested rights of creditors not affected by restrictions of ORS 456.155 and 456.160. ORS 456.155 and 456.160 do not limit the power of an authority to vest in an obligee the right, in the event of a default by the authority, to take possession of a housing project or cause the appointment of a receiver thereof or acquire title thereto through foreclosure proceedings, free from all the restrictions imposed by those sections.

�� 456.170 [Amended by 1973 c.672 �12; repealed by 2007 c.606 �13]

�� 456.171 Independent audit of authority. At least once each year, a housing authority shall procure an independent audit of authority finances and activities for the preceding year, make the audit available for inspection by the public and provide a copy of the audit to each governing body that appoints the housing authority commissioners. [2007 c.606 �2]

�� 456.175 Issuance of bonds; means for payment. An authority may issue bonds from time to time in its discretion upon the resolution adopted by a majority vote of the commissioners for any of its corporate purposes. An authority may also issue refunding and advance refunding bonds for the purpose of paying or retiring bonds previously issued by it. [Amended by 1989 c.874 �5]

�� 456.180 Liability on bonds; debt limitation. (1) Neither the commissioners of an authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof.

�� (2) The bonds and other obligations of an authority shall not be a debt of the city, the county, the state or any political subdivision thereof, and the bonds and obligations shall so state on their face. Neither the city, the county, nor the state or any political subdivision thereof shall be liable thereon. Nor, in any event, shall such bonds or obligations be payable out of any funds or properties other than those of the authority.

�� (3) The bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.

�� 456.185 Issuance of bonds. Bonds of an authority must be authorized by its resolution adopted by a vote of a majority of the commissioners, must be issued as prescribed in ORS chapter 287A and are not subject to the requirements of ORS 287A.150. [Amended by 1969 c.694 �13; 1973 c.672 �13; 1977 c.188 �5; 1981 c.94 �42; 1989 c.874 �8; 2001 c.215 �11; 2007 c.783 �193]

�� 456.190 Presumption of validity of bond. In any suit, action or proceedings involving the validity or enforceability of any bond of an authority or the security therefor, any bond reciting in substance that it has been issued by the authority to aid in financing a housing project to provide housing for persons or families of lower income is conclusively deemed to have been issued for a housing project of such character and said project is conclusively deemed to have been planned, located and constructed in accordance with the Housing Authorities Law. [Amended by 1973 c.672 �14; 1995 c.445 �12; 2007 c.783 �194]

�� 456.195 [Repealed by 1989 c.874 �9]

�� 456.197 [1969 c.694 �15; 1973 c.672 �15; repealed by 1989 c.874 �9]

�� 456.200 Powers of authority in securing payment of bonds or lease obligations. In connection with the issuance of bonds or the incurring of obligations and in order to secure the payment of such bonds or obligations, an authority may:

�� (1) Pledge all or any part of its gross or net rents, fees or revenues to which its right then exists or thereafter comes into existence.

�� (2) Mortgage its real or personal property, then owned or thereafter acquired.

�� (3) Covenant against pledging all or any part of its rents, fees and revenues, or against mortgaging all or any part of its real or personal property to which its right or title then exists or may thereafter come into existence or against permitting or suffering any lien on such revenues or property.

�� (4) Covenant with respect to limitations on its right to sell, lease or otherwise dispose of any housing project or any part thereof.

�� (5) Covenant as to what other or additional debts or obligations may be incurred by it.

�� (6) Covenant as to the bonds to be issued and as to the issuance of such bonds in escrow or otherwise, and as to the use and disposition of the proceeds thereof.

�� (7) Provide for the replacement of lost, destroyed or mutilated bonds.

�� (8) Covenant against extending the time for the payment of its bonds or interest thereon.

�� (9) Redeem the bonds and covenant for their redemption and provide the terms and conditions thereof.

�� (10) Covenant, subject to the limitations of the Housing Authorities Law, as to the rents and fees to be charged in the operation of a housing project or projects, the amount to be raised each year or other period of time by rents, fees and other revenues, and as to the use and disposition to be made thereof.

�� (11) Create or authorize the creation of special funds for moneys held for construction or operating costs, debt service, reserves or other purposes, and covenant as to the use and disposition of the moneys held in such funds.

�� (12) Prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given.

�� (13) Covenant as to the use, maintenance and replacement of its real and personal property, the insurance to be carried thereon and the use and disposition of insurance moneys.

�� (14) Covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any covenant, condition or obligation.

�� (15) Covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds or obligations become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived.

�� (16) Vest in a trustee or trustees or the holders of bonds or any proportion of them the right to enforce the payment of the bonds or any covenants securing or relating to the bonds.

�� (17) Vest in a trustee or trustees the right, in the event of a default by said authority, to take possession and use, operate and manage any housing project or part thereof, and to collect the rents and revenues arising therefrom and to dispose of such moneys in accordance with the agreement of the authority with said trustee.

�� (18) Provide for the powers and duties of a trustee or trustees and to limit their liabilities.

�� (19) Provide the terms and conditions upon which the trustee or trustees or the holders of bonds or any proportion of them may enforce any covenant or rights securing or relating to the bonds.

�� (20) Exercise all or any part or combination of the powers granted in this section.

�� (21) Make covenants other than and in addition to the covenants expressly authorized in this section, of like or different character.

�� (22) Make any covenants and do any acts and things necessary or convenient or desirable in order to secure its bonds, or, in the absolute discretion of said authority, tending to make the bonds more marketable although the covenants, acts or things are not enumerated in this section.

�� (23) Purchase letters of credit, bond insurance or any other credit enhancement device that would establish or increase marketability of its bonds.

�� (24) Pay its obligations with income, revenues or loan repayments of the housing project financed with the proceeds of such obligations, or with such proceeds together with a grant from the federal government or this state in aid of such project. [Amended by 1987 c.821 �5; 1989 c.874 �6; 1991 c.600 �2]

�� 456.202 Short-term bond anticipation notes. (1) An authority shall have the power to borrow money for the purposes for which its bonds are to be issued in anticipation of the receipt of proceeds of the sale of such bonds and within the authorized maximum of such bond issue.

�� (2) Bond anticipation notes shall be issued for all moneys borrowed under the provisions of this section. Such notes may be issued for a period not exceeding one year and may be renewed from time to time for periods not exceeding one year, but each such note, including renewals, shall mature and be paid not later than five years after the date on which the original note was issued. Such notes shall be authorized by resolution of the authority, adopted by a majority of the commissioners, and shall be in such denomination or denominations, shall bear interest at such rate or rates, shall be in such form, and shall be executed in such manner, all as a majority of the commissioners shall prescribe. Such notes may be sold at public or private sale in the manner and at such price or prices or for such other consideration, including real or personal property, as the authority shall determine, provided that if such notes be renewal notes, they may be exchanged for notes then outstanding on such terms as the authority shall determine. [1977 c.342 �2]

�� 456.205 Enforcing rights of obligee of an authority. An obligee of an authority, in addition to all other rights conferred on the obligee, subject only to any contractual restrictions binding upon the obligee, may:

�� (1) By mandamus or other action or proceeding for legal or equitable remedies, compel the authority and its commissioners, officers, agents or employees to perform each and every term, provision and covenant contained in any contract of the authority with or for the benefit of such obligee, and require the carrying out of all covenants and agreements of the authority and the fulfillment of all duties imposed upon the authority by the Housing Authorities Law.

�� (2) By action or proceeding, enjoin any acts or things which may be unlawful, or the violation of any rights of the obligee. [Amended by 1979 c.284 �149]

�� 456.210 Power of authority to confer additional rights upon obligee. An authority, by its resolution, trust indenture, mortgage, lease or other contract, may confer upon any obligee holding or representing a specified amount in bonds, or holding a lease, the right, in addition to all rights that may otherwise be conferred, upon the happening of an event of default as defined in such resolution or instrument, by suit, action or proceeding in any court of competent jurisdiction:

�� (1) To cause possession of any housing project or any part thereof to be surrendered to an obligee.

�� (2) To obtain the appointment of a receiver of any housing project of the authority or any part thereof and of the rents and profits therefrom. If a receiver is appointed, the receiver may enter and take possession of the housing project or any part thereof and operate and maintain it and collect and receive all fees, rents, revenues or other charges thereafter arising therefrom, and shall keep such moneys in separate accounts and apply them in accordance with the obligations of the authority as the court directs.

�� (3) To require the authority and its commissioners to account as if it and they were the trustees of an express trust.

�� 456.215 Financial aid and cooperation of federal government. (1) An authority may:

�� (a) Borrow money or accept grants or other financial assistance from the federal government for or in aid of any housing project within its area of operation.

�� (b) Take over or lease or manage any housing project or undertaking constructed or owned by the federal government.

�� (c) Comply with such conditions and enter into such mortgages, trust indentures, leases or agreements as may be necessary, convenient or desirable for the purposes of this subsection.

�� (2) It is the purpose and intent of the Housing Authorities Law to authorize every authority to do all things necessary or desirable to secure the financial aid or cooperation of the federal government in the undertaking, construction, maintenance or operation of any housing project by such authority.

�� 456.220 Exemption of property from process or judgment lien. All real property of an authority is exempt from levy and sale by virtue of an execution. No execution or other judicial process shall issue against such property nor shall any judgment against an authority be a charge or lien upon its real property. However, this section does not apply to or limit the right of obligees to foreclose or otherwise enforce any mortgage of an authority or the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by an authority on its rents, fees or revenues.

�� 456.225 [Amended by 1991 c.851 �1; 1995 c.445 �13; 1997 c.406 �2; renumbered 307.092 in 2003]

�� 456.230 Bonds and income therefrom exempt from personal income taxes. Bonds of an authority are declared to be issued for an essential public and governmental purpose and to be public instrumentalities. The bonds, together with interest thereon and income therefrom, are exempt from personal income taxes under ORS chapter 316. [Amended by 2007 c.783 �195]

�� 456.233 Transfer of housing authority from governing body to separate board. If, pursuant to ORS 456.055 to

ORS 456.762

456.762 in 1987]

�� 670.345 Procedure for filling vacancies on board. At least 60 days before a vacancy is to occur on a professional licensing or advisory board, the professional organizations representing persons subject to licensing or other regulation by the board may nominate at least three qualified persons for each vacancy, and shall certify its nominees to the appointing officer or body who shall consider these nominees in selecting successors to retiring board members. This section does not apply to appointment of public members. [1971 c.753 �17; 1987 c.414 �103]

�� 670.350 Administration of professional qualification examinations. Each professional licensing and advisory board that is authorized or required by law to administer an examination as part of its determination of professional qualifications shall administer such examinations at least once each year at such time and place as the board shall designate. [1971 c.753 �18; 1987 c.414 �104]

(Reciprocal Agreements)

�� 670.380 When reciprocal licensing or registration agreements authorized; termination. (1) If the administrator determines that the standards, qualifications and examinations for licensing or registration of building trades and mechanical and specialty skills of another state are substantially similar to the standards, qualifications and examinations required under applicable Oregon statutes and rules administered by the agency as specified in ORS 455.100, the administrator with approval of the designated examining or advisory board may, when it is in the best interest of the economy of the State of Oregon, enter into a reciprocal agreement with such other state to issue without examination licenses or certificate of registration upon proof of licensing or registration in such other state and upon payment of appropriate fees.

�� (2) Reciprocal agreements may be terminated by the administrator with approval of the designated examining or advisory board, upon a determination that the other party is not maintaining and enforcing standards, qualifications and examinations substantially similar to those of Oregon. [1974 c.47 ��1,2; 1987 c.414 �105; 2003 c.14 �411]

MISCELLANEOUS

�� 670.400 Temporary authorizations; rules. (1) As used in this section:

�� (a) �Occupational or professional service� means a service:

�� (A) For which an individual must possess a license, certificate or other form of authorization to provide under the laws of this state; and

�� (B) Over which a professional licensing board has regulatory oversight.

�� (b) �Professional licensing board� means a state agency or board that licenses, certifies or otherwise authorizes individuals to provide an occupational or professional service.

�� (2) A professional licensing board shall issue a temporary authorization to provide the occupational or professional service regulated by the professional licensing board to a person who:

�� (a) Is the spouse of a member of the Armed Forces of the United States who is stationed in this state;

�� (b) Holds a current authorization to provide the occupational or professional service issued by another state and the professional licensing board determines that the other state�s authorization requirements are substantially similar to those of the professional licensing board;

�� (c) Provides to the professional licensing board, in a manner determined by the professional licensing board, sufficient proof that the person is in good standing with the issuing out-of-state professional licensing board; and

�� (d) Has demonstrated competency, as determined by the professional licensing board by rule, over the occupational or professional service regulated by the professional licensing board.

�� (3)(a) A temporary authorization issued under this section is valid until the earliest of the following:

�� (A) Two years after the date of issuance;

�� (B) The date the spouse of the person to whom the authorization was issued completes the spouse�s term of service in this state; or

�� (C) The date the person�s authorization issued by another state expires.

�� (b) An authorization issued under this section is not renewable. A person may not continue to provide the occupational or professional service unless the person is issued a full authorization under the laws of this state to provide the occupational or professional service.

�� (4) A professional licensing board may adopt rules to carry out the provisions of this section. [2019 c.142 �1; 2019 c.626 �2]

�� 670.403 Professional licensing board report on temporary authorizations. (1) As used in this section:

�� (a) �Professional licensing board� has the meaning given that term in ORS 670.400.

�� (b) �Temporary authorization� means an authorization issued under ORS 670.400.

�� (2) Not later than December 31 of each year, a professional licensing board shall report, in the manner provided in ORS 192.245, to an interim committee of the Legislative Assembly related to veterans on the following information:

�� (a) The number of temporary authorizations issued to spouses or domestic partners of members of the Armed Forces of the United States who are stationed in this state;

�� (b) The number of applications for temporary authorization received by the professional licensing board for which the professional licensing board did not issue temporary authorizations, and the reasons for which the temporary authorizations were not issued;

�� (c) The amount of time used to process and issue the temporary authorizations;

�� (d) The professional licensing board�s efforts to implement and maintain a process to issue temporary authorizations; and

�� (e) Any other information relevant to the professional licensing board�s efforts to assist spouses or domestic partners of members of the Armed Forces of the United States who are stationed in this state with obtaining temporary authorization. [2019 c.626 �1]

�� 670.406 Requirement to accept federally issued identification numbers; rules. (1) As used in this section:

�� (a) �Occupational or professional service� means a service:

�� (A) That an individual must possess a license, certificate or other form of authorization to provide under the laws of this state; and

�� (B) Over which a professional licensing board has regulatory oversight.

�� (b) �Professional licensing board� means a state agency or board that licenses, certifies or otherwise authorizes individuals to provide an occupational or professional service.

�� (2)(a) Except as provided in paragraph (b) of this subsection, a professional licensing board that regulates an occupational or professional service and that requires a person to provide the person�s Social Security number on an application for issuance or renewal of a licensure, certification or other authorization to provide the occupational or professional service shall accept in lieu of the Social Security number a person�s federal individual taxpayer identification number or other federally issued identification number.

�� (b) If so required by applicable federal and state law, a professional licensing board shall accept only a person�s Social Security number on the materials described in paragraph (a) of this subsection.

�� (3) A professional licensing board may adopt rules to carry out the provisions of this section. [2019 c.468 �1]

�� 670.409 Professional licensing board study of authorization for specified persons; rules. (1) As used in this section:

�� (a) �Occupational or professional service� means a service:

�� (A) That an individual must possess a license, certificate or other form of authorization to provide under the laws of this state; and

�� (B) Over which a professional licensing board has regulatory oversight.

�� (b) �Professional licensing board� means a state agency or board that licenses, certifies or otherwise authorizes individuals to provide an occupational or professional service.

�� (2) Each professional licensing board shall study the manner in which persons who are immigrants or refugees become licensed, certified or otherwise authorized in the occupational or professional service regulated by the professional licensing board. Each professional licensing board shall develop and implement methods to reduce barriers to licensure, certification or other authorization for applicants who may be immigrants or refugees.

�� (3) A professional licensing board may adopt rules to carry out the provisions of this section. [2019 c.469 �1]

�� 670.410 [1977 c.873 �27; 1979 c.107 �1; 1981 c.821 �3; 1987 c.414 �106; repealed by 2005 c.76 �3]

�� 670.415 Culturally responsive training for interactions with internationally educated individuals during licensure, certification or other authorization process; publication of guidance; rules. (1) As used in this section:

�� (a) �Occupational or professional service� means a service:

�� (A) That an individual must possess a license, certificate or other form of authorization to provide under the laws of this state; and

�� (B) Over which a professional licensing board has regulatory oversight.

�� (b) �Professional licensing board� means a state agency or board that licenses, certifies or otherwise authorizes individuals to provide an occupational or professional service.

�� (2) A professional licensing board shall:

�� (a) Ensure that any staff of the professional licensing board who interact with internationally educated individuals through the licensure, certification or other authorization process receive culturally responsive training approved by the Office of Immigrant and Refugee Advancement.

�� (b) Develop and publish on a website operated by or on behalf of the professional licensing board clear and easily understandable guidance regarding pathways to licensure, certification or other authorization issued by the professional licensing board for internationally educated individuals. The guidance developed under this paragraph must include information on eligibility requirements, processes, costs and timelines for licensure, certification or other authorization.

�� (3) A professional licensing board may adopt rules to carry out the provisions of this section. [2025 c.618 �1]

INDEPENDENT CONTRACTORS

�� 670.600 Independent contractor defined. (1) As used in this section:

�� (a) �Individual� means a natural person.

�� (b) �Person� has the meaning given that term in ORS 174.100.

�� (c) �Services� means labor or services.

�� (2) As used in ORS chapters 316, 656, 657, 671 and 701, �independent contractor� means a person who provides services for remuneration and who, in the provision of the services:

�� (a) Is free from direction and control over the means and manner of providing the services, subject only to the right of the person for whom the services are provided to specify the desired results;

�� (b) Except as provided in subsection (4) of this section, is customarily engaged in an independently established business;

�� (c) Is licensed under ORS chapter 671 or 701 if the person provides services for which a license is required under ORS chapter 671 or 701; and

�� (d) Is responsible for obtaining other licenses or certificates necessary to provide the services.

�� (3) For purposes of subsection (2)(b) of this section, a person is considered to be customarily engaged in an independently established business if any three of the following requirements are met:

�� (a) The person maintains a business location:

�� (A) That is separate from the business or work location of the person for whom the services are provided; or

�� (B) That is in a portion of the person�s residence and that portion is used primarily for the business.

�� (b) The person bears the risk of loss related to the business or the provision of services as shown by factors such as:

�� (A) The person enters into fixed-price contracts;

�� (B) The person is required to correct defective work;

�� (C) The person warrants the services provided; or

�� (D) The person negotiates indemnification agreements or purchases liability insurance, performance bonds or errors and omissions insurance.

�� (c) The person provides contracted services for two or more different persons within a 12-month period, or the person routinely engages in business advertising, solicitation or other marketing efforts reasonably calculated to obtain new contracts to provide similar services.

�� (d) The person makes a significant investment in the business, through means such as:

�� (A) Purchasing tools or equipment necessary to provide the services;

�� (B) Paying for the premises or facilities where the services are provided; or

�� (C) Paying for licenses, certificates or specialized training required to provide the services.

�� (e) The person has the authority to hire other persons to provide or to assist in providing the services and has the authority to fire those persons.

�� (4) Subsection (2)(b) of this section does not apply if the person files a Schedule F as part of an income tax return and the person provides farm labor or farm services that are reportable on Schedule C of an income tax return.

�� (5) For purposes of determining whether an individual provides services as an independent contractor:

�� (a) The creation or use of a business entity, such as a corporation or a limited liability company, by an individual for the purpose of providing services does not, by itself, establish that the individual provides services as an independent contractor.

�� (b) When the individual provides services through a business entity, such as a corporation or a limited liability company, the provisions in subsection (2), (3) or (4) of this section may be satisfied by the individual or the business entity. [Formerly

ORS 459A.490

459A.490. [1977 c.745 �25; 1981 c.666 �8; 1995 c.440 �29; 2003 c.794 �297; 2009 c.595 �963; 2015 c.167 �4]

(Pseudoephedrine)

�� 475.230 Transfer of pseudoephedrine without prescription; limitations; rules; penalty. (1) As used in this section, �intern,� �pharmacist,� �pharmacy� and �pharmacy technician� have the meanings given those terms in ORS 689.005.

�� (2) A pharmacist, intern or pharmacy technician may transfer a drug containing pseudoephedrine or ephedrine or a salt, isomer or salt of an isomer of pseudoephedrine or ephedrine without a prescription from a practitioner to a person who is 18 years of age or older and who provides to the pharmacist, intern or pharmacy technician the person�s valid government-issued photo identification.

�� (3) Prior to the transfer of a drug described in subsection (2) of this section, a pharmacist, intern or pharmacy technician shall submit the following information to the electronic system described in subsection (6) of this section:

�� (a) The date and time of the transfer;

�� (b) The name, address and date of birth of the person to whom the transfer will be made;

�� (c) The form of government-issued photo identification and identification number of the person to whom the transfer will be made;

�� (d) The name of the government agency that issued the photo identification; and

�� (e) The name of the drug that will be transferred and the amount of pseudoephedrine or ephedrine or a salt, isomer or salt of an isomer of pseudoephedrine or ephedrine, specified in grams, to be transferred.

�� (4) If, after receiving the information submitted under subsection (3) of this section, the electronic system generates an alert to not proceed with the transfer, the pharmacist, intern or pharmacy technician may not transfer the drug described in subsection (2) of this section to the person, except as provided in subsection (6) of this section.

�� (5)(a) Upon transferring a drug described in subsection (2) of this section, the pharmacist, intern or pharmacy technician shall require the person to whom the drug is transferred to sign an electronic or written log that shows the date of the transfer, the name of the person to whom the transfer is made and the amount transferred of pseudoephedrine or ephedrine or a salt, isomer or salt of an isomer of pseudoephedrine or ephedrine, specified in grams.

�� (b) The log described in this subsection must be retained at the pharmacy where the transfer was made for at least two years from the date of the transaction.

�� (c) A law enforcement agency may obtain information contained in a log described in this subsection through a lawfully issued subpoena accepted by the State Board of Pharmacy. The board shall accept a lawfully issued subpoena under this paragraph, and shall adopt rules to carry out this paragraph. The board may designate a third party vendor as the custodian of records, including of a log described in this subsection.

�� (6)(a) For purposes of tracking the transfer of drugs described in subsection (2) of this section, a pharmacy shall use an electronic system designed to prevent illegal transfer of drugs described in subsection (2) of this section. The electronic system must:

�� (A) Be capable of tracking transfers nationwide in real time;

�� (B) Be capable of generating an alert described in subsection (4) of this section;

�� (C) Allow a pharmacist to override an alert described in subsection (4) of this section if, in the discretion of the pharmacist, the transfer is necessary to protect the person to whom the transfer will be made from imminent bodily harm;

�� (D) Be able to communicate in real time with similar systems operated in other states and the District of Columbia, including with similar systems that contain information submitted by more than one state;

�� (E) For each transfer, allow for the recording of:

�� (i) The information described in subsection (3) of this section;

�� (ii) The number of packages of the drug transferred;

�� (iii) The total amount of pseudoephedrine or ephedrine or a salt, isomer or salt of an isomer of pseudoephedrine or ephedrine transferred, specified in grams;

�� (iv) The name of the drug transferred;

�� (v) Either the signature of the person to whom the drug is transferred or a unique number connecting the transfer transaction to an electronic or written log described in subsection (5) of this section; and

�� (vi) The name or initials of the pharmacist, intern or pharmacy technician who transferred the drug;

�� (F) Be free of charge to a pharmacy;

�� (G) Be accessible at no charge to law enforcement and to other authorized personnel, as determined by the board, through an online portal or at the pharmacy;

�� (H) Retain information submitted for at least two years from the date of transaction; and

�� (I) Be accompanied by training, 24-hour online support and a toll-free support telephone hotline.

�� (b) A pharmacist who uses the override function described in this subsection shall record in the electronic system the use of the override.

�� (7) A drug described in subsection (2) of this section must be:

�� (a) Transferred from behind a pharmacy counter; and

�� (b) Stored behind the pharmacy counter in an area that is closed to the public.

�� (8) A person, other than a pharmacy, may not receive more than 3.6 grams per transfer, or more than nine grams in a 30-day period, of pseudoephedrine or ephedrine or a salt, isomer or salt of an isomer of pseudoephedrine or ephedrine.

�� (9) This section does not apply to a drug that contains pseudoephedrine or ephedrine or a salt, isomer or salt of an isomer of pseudoephedrine or ephedrine when the drug is transferred pursuant to a prescription.

�� (10) In addition to rules adopted under subsection (5) of this section, the board may adopt other rules as necessary to carry out this section.

�� (11) Violation of this section, or a rule adopted pursuant to this section, is a Class A misdemeanor. [2021 c.297 �2; 2022 c.45 �1]

(Enforcement)

�� 475.235 Burden of proof; status of analysis of controlled substance; notice of objection. (1) It is not necessary for the state to negate any exemption or exception in ORS 475.005 to 475.285 and

ORS 459A.914

459A.914, adequate to hold the reasonably anticipated volume of each material;

�� (b) Regular collection service of the source separated recyclable materials; and

�� (c) Notice at least once a year of the opportunity to recycle with a description of the location of the containers or depots on the premises and information about how to recycle. New tenants shall be notified of the opportunity to recycle at the time of entering into a rental agreement.

�� (2) As used in this section, �recyclable material� and �source separate� have the meaning given those terms in ORS 459.005. [1991 c.385 �16; 2021 c.681 �57]

�� 90.320 Landlord to maintain premises in habitable condition; agreement with tenant to maintain premises. (1) A landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition. For purposes of this section, a dwelling unit shall be considered unhabitable if it substantially lacks:

�� (a) Effective waterproofing and weather protection of roof and exterior walls, including windows and doors;

�� (b) Plumbing facilities that conform to applicable law in effect at the time of installation and are maintained in good working order;

�� (c) A water supply approved under applicable law that is:

�� (A) Under the control of the tenant or landlord and is capable of producing hot and cold running water;

�� (B) Furnished to appropriate fixtures;

�� (C) Connected to a sewage disposal system approved under applicable law; and

�� (D) Maintained so as to provide safe drinking water and to be in good working order to the extent that the system can be controlled by the landlord;

�� (d) Adequate heating facilities that conform to applicable law at the time of installation and are maintained in good working order;

�� (e) Electrical lighting with wiring and electrical equipment that conform to applicable law at the time of installation and is maintained in good working order;

�� (f) Buildings, grounds and appurtenances at the time of the commencement of the rental agreement in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, and all areas under control of the landlord kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin;

�� (g) Except as otherwise provided by local ordinance or by written agreement between the landlord and the tenant, an adequate number of appropriate receptacles for garbage and rubbish in clean condition and good repair at the time of the commencement of the rental agreement, and the landlord shall provide and maintain appropriate serviceable receptacles thereafter and arrange for their removal;

�� (h) Floors, walls, ceilings, stairways and railings maintained in good repair;

�� (i) Ventilating, air conditioning and other facilities and appliances, including elevators, maintained in good repair if supplied or required to be supplied by the landlord;

�� (j) Safety from fire hazards, including a working smoke alarm or smoke detector, with working batteries if solely battery-operated, provided only at the beginning of any new tenancy when the tenant first takes possession of the premises, as provided in ORS 479.270, but not to include the tenant�s testing of the smoke alarm or smoke detector as provided in ORS 90.325 (1);

�� (k) A carbon monoxide alarm, and the dwelling unit:

�� (A) Contains a carbon monoxide source; or

�� (B) Is located within a structure that contains a carbon monoxide source and the dwelling unit is connected to the room in which the carbon monoxide source is located by a door, ductwork or a ventilation shaft;

�� (L) Working locks for all dwelling entrance doors and latches for all windows, by which access may be had to the dwelling unit;

�� (m) A means of unlocking locks under paragraph (L) of this subsection, including access control systems operated by a software application operated on a tenant�s mobile phone or other electronic device, provided that the landlord also offers the tenant at least one alternative means of access, including an access code or a fob, key card or other tangible key; or

�� (n) For a dwelling unit in a building where building permits for its construction were issued on or after April 1, 2024, adequate cooling facilities that:

�� (A) Provide cooling in at least one room of the dwelling unit, not including a bathroom;

�� (B) Conform to applicable law at the time of installation and are maintained in good working order; and

�� (C) May include central air conditioning, an air-source or ground-source heat pump or a portable air conditioning device that is provided by the landlord.

�� (2) The landlord and tenant may agree in writing that the tenant is to perform specified repairs, maintenance tasks and minor remodeling only if:

�� (a) The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord;

�� (b) The agreement does not diminish the obligations of the landlord to other tenants in the premises; and

�� (c) The terms and conditions of the agreement are clearly and fairly disclosed and adequate consideration for the agreement is specifically stated.

�� (3) Any provisions of this section that reasonably apply only to a structure that is used as a home, residence or sleeping place do not apply to a manufactured dwelling, recreational vehicle or floating home where the tenant owns the manufactured dwelling, recreational vehicle or floating home, rents the space and, in the case of a dwelling or home, the space is not in a facility. Manufactured dwelling or floating home tenancies in which the tenant owns the dwelling or home and rents space in a facility are governed by ORS 90.730 and not by this section. [Formerly 91.770; 1993 c.369 �6; 1995 c.559 �15; 1997 c.249 �32; 1997 c.577 �17; 1999 c.307 �20; 1999 c.676 �11; 2009 c.591 �12; 2013 c.294 �9; 2022 c.86 �11; 2025 c.127 �1]

�� 90.321 Testing of drinking water in ground water quality management area; report to tenants and Oregon Health Authority; rules; limits on data use. (1) As used in this section:

�� (a) �Contaminants� includes arsenic, coliform bacteria, lead and nitrates.

�� (b) �Exempt well� means a well used for purposes exempt under ORS 537.545 (1)(b) or (d).

�� (2) If a dwelling unit has an exempt well or wells as a source of drinking water and is within a ground water quality management area, as defined in ORS 468B.150, the landlord shall collect and test samples of drinking water for the unit.

�� (3) A landlord shall ensure that each source for which drinking water is collected under subsection (5)(a) of this section is tested as follows:

�� (a) The water must be tested for arsenic no later than 30 days after installing the exempt well.

�� (b) Except as provided in subsection (4) of this section, the drinking water must be tested for each contaminant at least once each year.

�� (4) Following a test that indicates that the drinking water does not contain contaminants that exceed the maximum contaminant levels in drinking water as most recently published by the United States Environmental Protection Agency, the landlord is not required to test drinking water for contaminants for four years, if the test is:

�� (a) The first test conducted for the dwelling unit;

�� (b) The first test conducted after an extension allowed under this subsection; or

�� (c) The second successful annual test conducted over two consecutive years following a failed test.

�� (5) A landlord subject to this section:

�� (a) Shall collect samples of water from a dwelling unit�s primary faucet used for drinking and cooking water and may collect supplementary samples of water from a dwelling unit�s other faucets of drinking water or from a dwelling unit�s wellhead;

�� (b) May delegate the landlord�s duty to collect samples of drinking water under paragraph (a) of this subsection to a tenant if the landlord and the tenant agree to the delegation in writing and the agreement is made in good faith and for adequate consideration; and

�� (c) Shall, when submitting samples of drinking water collected under this section to a laboratory for testing:

�� (A) Inform the laboratory that the testing is required pursuant to this section; and

�� (B) Request that the laboratory report the results of the test to the Oregon Health Authority.

�� (6) A laboratory conducting a test pursuant to this section:

�� (a) Must be accredited under the environmental laboratory accreditation program established under ORS 438.615;

�� (b) Shall electronically report the results of the test to the authority in a form and manner prescribed by the authority, which may include reporting of the results through electronic mail using a spreadsheet; and

�� (c) Shall send the full laboratory report to the landlord, and to the tenant if requested by the landlord, in a form showing the absence or presence of coliform bacteria and the concentration of other contaminants in milligrams per liter or parts per million.

�� (7) Each time the landlord has drinking water tested for a contaminant under this section, the landlord shall provide the results of the test to the tenant within 30 days after receiving the results in a form:

�� (a) As provided to the landlord under subsection (6)(c) of this section; or

�� (b) Showing only the tests performed and whether the dwelling unit passed or failed each test and notifying the tenant that the tenant may obtain or inspect the full laboratory report upon request. This form must be substantially in the format adopted by the authority under subsection (10)(a) of this section.

�� (8) Prior to entering into a rental agreement for a dwelling unit for which a landlord must collect and test drinking water under this section, the landlord must provide to the tenant written notice providing:

�� (a) That the dwelling unit has an exempt well as a source of drinking water and is within a ground water quality management area, as defined in ORS 468B.150;

�� (b) The dates and the results of the most recent test for each contaminant, in a form described in subsection (7) of this section, or a statement that the contaminant has not yet been tested for; and

�� (c) The latest date by which the next test for each contaminant must be conducted.

�� (9) If the results of a test conducted under this section indicate that the drinking water collected under this section contains any amount of coliform bacteria or an amount of other contaminants that exceeds the maximum contaminant levels in drinking water as most recently published by the United States Environmental Protection Agency, the landlord shall, as soon as practicable:

�� (a) Provide the results of the test to the tenant as required under subsection (7) of this section;

�� (b) Provide the tenant with the handout adopted by the authority under subsection (10)(b) of this section; and

�� (c) Thereafter retest the exempt well according to a schedule set by rule by the authority, notwithstanding subsections (3) and (4) of this section.

�� (10) The authority shall adopt rules to implement this section, including rules specifying the content of:

�� (a) A form that a landlord subject to this section must use to provide information described in subsection (7)(b) of this section. The form must include:

�� (A) A section that must be filled out by the landlord to indicate, in plain language, whether the dwelling unit passed or failed each test; and

�� (B) A section that may be filled out by the landlord to indicate the absence or presence in the drinking water of coliform bacteria and the concentration of other contaminants in milligrams per liter or parts per million.

�� (b) A handout providing information on testing drinking water for contaminants and the impact that drinking water that contains contaminants can have on a person�s health.

�� (11) This section does not apply to a dwelling unit that is part of a premises subject to regulation under ORS 448.119 to 448.285, 454.235 and 454.255, as described in ORS 448.119.

�� (12) Information received by the authority under this section may only be used as provided in this section and for the benefit of the landlord, tenant or applicant of the dwelling unit. Any records collected or created by the authority under this section must note that the data has not been controlled for quality and may not be used for determining location-specific ground water quality. [2025 c.574 �2; 2025 c.574 �2a]

�� Note: 90.321 becomes operative January 1, 2027. See section 4, chapter 574, Oregon Laws 2025.

�� Note: Section 3, chapter 574, Oregon Laws 2025, provides:

�� Sec. 3. Before June 1, 2027, and notwithstanding section 2 (3)(b) of this 2025 Act [90.321 (3)(b)], for each dwelling unit that is subject to section 2 (2) of this 2025 Act on the operative date specified in section 4 of this 2025 Act [January 1, 2027], the landlord shall sample and test for all contaminants as described in section 2 (5) of this 2025 Act. [2025 c.574 �3]

�� Note: 90.321 was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 90.322 Landlord or agent access to premises; remedies. (1) A landlord or, to the extent provided in this section, a landlord�s agent may enter into the tenant�s dwelling unit or any portion of the premises under the tenant�s exclusive control in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, perform agreed yard maintenance or grounds keeping or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors. The right of access of the landlord or landlord�s agent is limited as follows:

�� (a) A landlord or landlord�s agent may enter upon the premises under the tenant�s exclusive control not including the dwelling unit without consent of the tenant and without notice to the tenant, for the purpose of serving notices required or permitted under this chapter, the rental agreement or any provision of applicable law.

�� (b) In case of an emergency, a landlord may enter the dwelling unit or any portion of the premises under a tenant�s exclusive control without consent of the tenant, without notice to the tenant and at any time. �Emergency� includes but is not limited to a repair problem that, unless remedied immediately, is likely to cause serious damage to the premises. If a landlord makes an emergency entry in the tenant�s absence, the landlord shall give the tenant actual notice within 24 hours after the entry, and the notice shall include the fact of the entry, the date and time of the entry, the nature of the emergency and the names of the persons who entered.

�� (c) If the tenant requests repairs or maintenance in writing, the landlord or landlord�s agent, without further notice, may enter upon demand, in the tenant�s absence or without the tenant�s consent, for the purpose of making the requested repairs until the repairs are completed. The tenant�s written request may specify allowable times. Otherwise, the entry must be at a reasonable time. The authorization to enter provided by the tenant�s written request expires after seven days, unless the repairs are in progress and the landlord or landlord�s agent is making a reasonable effort to complete the repairs in a timely manner. If the person entering to do the repairs is not the landlord, upon request of the tenant, the person must show the tenant written evidence from the landlord authorizing that person to act for the landlord in making the repairs.

�� (d) A landlord and tenant may agree that the landlord or the landlord�s agent may enter the dwelling unit and the premises without notice at reasonable times for the purpose of showing the premises to a prospective buyer, provided that the agreement:

�� (A) Is executed at a time when the landlord is actively engaged in attempts to sell the premises;

�� (B) Is reflected in a writing separate from the rental agreement and signed by both parties; and

�� (C) Is supported by separate consideration recited in the agreement.

�� (e)(A) If a written agreement requires the landlord to perform yard maintenance or grounds keeping for the premises:

�� (i) A landlord and tenant may agree that the landlord or landlord�s agent may enter for that purpose upon the premises under the tenant�s exclusive control not including the dwelling unit, without notice to the tenant, at reasonable times and with reasonable frequency. The terms of the right of entry must be described in the rental agreement or in a separate written agreement.

�� (ii) A tenant may deny consent for a landlord or landlord�s agent to enter upon the premises pursuant to this paragraph if the entry is at an unreasonable time or with unreasonable frequency. The tenant must assert the denial by giving actual notice of the denial to the landlord or landlord�s agent prior to, or at the time of, the attempted entry.

�� (B) As used in this paragraph:

�� (i) �Yard maintenance or grounds keeping� includes, but is not limited to, weeding, mowing grass and pruning trees and shrubs.

�� (ii) �Unreasonable time� refers to a time of day, day of the week or particular time that conflicts with the tenant�s reasonable and specific plans to use the premises.

�� (f) In all other cases, unless there is an agreement between the landlord and the tenant to the contrary regarding a specific entry, the landlord shall give the tenant at least 24 hours� actual notice of the intent of the landlord to enter and the landlord or landlord�s agent may enter only at reasonable times. The landlord or landlord�s agent may not enter if the tenant, after receiving the landlord�s notice, denies consent to enter. The tenant must assert this denial of consent by giving actual notice of the denial to the landlord or the landlord�s agent or by attaching a written notice of the denial in a secure manner to the main entrance to that portion of the premises or dwelling unit of which the tenant has exclusive control, prior to or at the time of the attempt by the landlord or landlord�s agent to enter.

�� (2) A landlord may not abuse the right of access or use it to harass the tenant. A tenant may not unreasonably withhold consent from the landlord to enter.

�� (3) This section does not apply to tenancies consisting of a rental of space in a facility for a manufactured dwelling or floating home under ORS 90.505 to 90.850.

�� (4) If a tenancy consists of rented space for a manufactured dwelling or floating home that is owned by the tenant, but the tenancy is not subject to ORS 90.505 to 90.850 because the space is not in a facility, this section shall allow access only to the rented space and not to the dwelling or home.

�� (5) A landlord has no other right of access except:

�� (a) Pursuant to court order;

�� (b) As permitted by ORS 90.410 (2); or

�� (c) When the tenant has abandoned or relinquished the premises.

�� (6) If a landlord is required by a governmental agency to enter a dwelling unit or any portion of the premises under a tenant�s exclusive control, but the landlord fails to gain entry after a good faith effort in compliance with this section, the landlord may not be found in violation of any state statute or local ordinance due to the failure.

�� (7) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or may terminate the rental agreement under ORS 90.392 and take possession as provided in ORS 105.100 to 105.168. In addition, the landlord may recover actual damages.

�� (8) If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but that have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the reoccurrence of the conduct or may terminate the rental agreement pursuant to ORS 90.360 (1). In addition, the tenant may recover actual damages not less than an amount equal to one week�s rent in the case of a week-to-week tenancy or one month�s rent in all other cases. [Formerly 90.335; 1997 c.577 �18; 1999 c.603 �19; 1999 c.676 �12; 2005 c.391 �20]

�� 90.323 Maximum rent increase; exceptions; notice. (1) If a tenancy is a week-to-week tenancy, the landlord may not increase the rent without giving the tenant written notice at least seven days prior to the effective date of the rent increase.

�� (2) During any tenancy other than week-to-week, the landlord may not increase the rent:

�� (a) During the first year after the tenancy begins.

�� (b) At any time after the first year of the tenancy without giving the tenant written notice at least 90 days prior to the effective date of the rent increase.

�� (c) More than once in any 12-month period.

�� (d) Except as permitted under subsection (5) of this section, by a percentage greater than the maximum calculated under ORS 90.324 (1).

�� (3) The notices required under this section must specify:

�� (a) The amount of the rent increase;

�� (b) The amount of the new rent;

�� (c) Facts supporting the exemption authorized by subsection (5) of this section, if the increase is above the amount allowed in subsection (2)(d) of this section; and

�� (d) The date on which the increase becomes effective.

�� (4) A landlord terminating a tenancy with a 30-day notice without cause as authorized by ORS

ORS 46.140

46.140); repealed by 1995 c.658 �127]

�� 46.150 [Amended by 1969 c.96 �2; repealed by 1995 c.658 �127]

�� 46.155 [1975 c.611 ��12,13,14; repealed by 1979 c.284 �199]

�� 46.160 [Repealed by 1979 c.284 �199]

�� 46.170 [Amended by 1953 c.398 �2; 1961 c.705 �1; repealed by 1965 c.510 �24]

�� 46.175 [1961 c.705 �3; 1965 c.510 �16; 1971 c.628 �1; 1979 c.113 �1; repealed by 1981 s.s. c.3 �141]

�� 46.180 [Amended by 1957 c.594 �3; 1961 c.705 �2; 1965 c.510 �17; 1971 c.628 �2; 1977 c.519 �3; 1981 s.s. c.3 �61; 1985 c.496 �12; 1985 c.703 �21a; repealed by 1995 c.658 �127]

�� 46.190 [Repealed by 1995 c.658 �127]

�� 46.200 [Amended by 1961 c.446 �2; 1969 c.96 �3; 1971 c.565 �16; repealed by 1975 c.611 �24]

�� 46.210 [Amended by 1955 c.459 �1; repealed by 1995 c.658 �127]

�� 46.220 [Repealed by 1953 c.393 �3]

�� 46.221 [1953 c.393 �1; 1965 c.510 �18; 1965 c.619 �22; 1971 c.621 �8; 1973 c.381 �2; 1975 c.88 �6; 1975 c.327 �6; 1975 c.607 �11; 1977 c.875 �1; 1979 c.833 �12; 1981 c.898 �40; 1981 s.s. c.3 �92; 1981 s.s. c.3 �93; 1983 c.763 �41; 1985 c.342 �25; 1985 c.496 �8; 1987 c.725 �5; 1989 c.718 �17; 1991 c.538 �5; 1991 c.790 �5; 1995 c.273 �25; 1995 c.664 �79; 1997 c.801 ��30,30a; renumbered 46.570 in 1997]

�� 46.223 [1985 c.342 �29; 1995 c.658 �42; renumbered 21.385 in 1997]

�� 46.230 [Amended by 1965 c.510 �19; repealed by 1965 c.619 �39]

�� 46.240 [Amended by 1961 c.563 �3; 1971 c.621 �9; repealed by 1973 c.381 �8]

�� 46.250 [Amended by 1975 c.611 �20; 1977 c.416 �7; 1979 c.562 �34; 1985 c.734 �16; 1997 c.389 �7; repealed by 1995 c.658 �127]

�� 46.253 [1975 c.611 �5; repealed by 1985 c.734 �20]

�� 46.255 [1975 c.611 �6; 1981 c.178 �3; repealed by 1985 c.734 �20]

�� 46.260 [Amended by 1969 c.96 �4; repealed by 1977 c.290 �5]

�� 46.265 [1975 c.611 �7; repealed by 1995 c.658 �127]

�� 46.270 [Amended by 1971 c.224 �2; repealed by 1995 c.658 �127]

�� 46.274 [1955 c.664 �2; 1965 c.619 �23; 1971 c.621 �10; 1975 c.607 �12; 1979 c.833 �13; 1981 c.835 �3; 1981 s.s. c.3 �32; 1985 c.540 �15; 1995 c.273 �14; repealed by 1995 c.658 �127]

�� 46.275 [1977 c.876 �7; repealed by 1983 c.405 �5]

�� 46.276 [1955 c.664 �3; 1969 c.438 �2; 1987 c.586 �18; repealed by 1995 c.658 �127]

�� 46.278 [1977 c.876 �8; 1987 c.586 �19; repealed by 1995 c.658 �127]

�� 46.280 [Amended by 1973 c.484 �5; 1981 s.s. c.1 �11; 1983 c.763 �32; 1995 c.781 �35; repealed by 1995 c.658 �127]

�� 46.290 [Repealed by 1981 s.s. c.3 �141]

�� 46.300 [1959 c.552 �11; 1971 c.718 �3; 1979 c.568 �7; repealed by 1983 c.763 �9]

�� 46.330 [1975 c.611 �2; repealed by 1995 c.658 �127]

�� 46.335 [1975 c.611 �3; 1977 c.876 �2; 1995 c.244 �7; repealed by 1995 c.658 �127]

�� 46.340 [1975 c.611 �4; 1985 c.540 �16; 1995 c.244 �8; repealed by 1995 c.658 �127]

�� 46.345 [1975 c.611 ��8,9; 1981 s.s. c.3 �33; 1985 c.496 �11; repealed by 1995 c.658 �127]

�� 46.350 [1975 c.611 �11; repealed by 1985 c.540 �47]

�� 46.405 Small claims department; jurisdiction. (1) Except as provided in subsection (6) of this section, each circuit court shall have a small claims department.

�� (2) Except as provided in this section, all actions for the recovery of money, damages, specific personal property, or any penalty or forfeiture must be commenced and prosecuted in the small claims department if the amount or value claimed in the action does not exceed $750.

�� (3) Except as provided in this section, an action for the recovery of money, damages, specific personal property, or any penalty or forfeiture may be commenced and prosecuted in the small claims department if the amount or value claimed in the action does not exceed $10,000.

�� (4)(a) Class actions may not be commenced and prosecuted in the small claims department.

�� (b) An action by an adult in custody, as defined in ORS 30.642, against another adult in custody may not be commenced and prosecuted in the small claims department.

�� (5) Actions providing for statutory attorney fees in which the amount or value claimed does not exceed $750 may be commenced and prosecuted in the small claims department or may be commenced and prosecuted in the regular department of the circuit court. This subsection does not apply to an action based on contract for which attorney fees are authorized under ORS 20.082.

�� (6) If a circuit court is located in the same city as a justice court, the circuit court need not have a small claims department if the circuit court and the justice court enter into an intergovernmental agreement that provides that only the justice court will operate a small claims department. If an intergovernmental agreement is entered into under this subsection, the agreement must establish appropriate procedures for referring small claims cases to the justice court. [1971 c.760 �2; 1973 c.812 �2; 1975 c.592 �1; 1979 c.567 �1; 1983 c.242 �1; 1985 c.367 �1; 1987 c.725 �1; 1995 c.227 �1; 1995 c.658 �43; 1997 c.378 �1; amendments by 1997 c.378 �2 repealed by 1999 c.84 �9; 1997 c.801 �78; 1999 c.84 �1; 1999 c.673 �1; 2001 c.542 �5; 2007 c.125 �1; 2011 c.262 �4; 2011 c.595 �47; 2019 c.213 �13]

�� 46.410 [Amended by 1959 c.326 �1; 1965 c.569 �1; 1969 c.683 �1; repealed by 1971 c.760 �11]

�� 46.415 Circuit judges to sit in department; procedure. (1) The judges of a circuit court shall sit as judges of the small claims department.

�� (2) No formal pleadings other than the claim shall be necessary.

�� (3) The hearing and disposition of all cases shall be informal, the sole object being to dispense justice promptly and economically between the litigants. The parties shall have the privilege of offering evidence and testimony of witnesses at the hearing. The judge may informally consult witnesses or otherwise investigate the controversy and give judgment or make such orders as the judge deems to be right, just and equitable for the disposition of the controversy.

�� (4) No attorney at law or person other than the plaintiff and defendant and their witnesses shall appear on behalf of any party in litigation in the small claims department without the consent of the judge of the court.

�� (5) Notwithstanding the provisions of ORS 9.320, a party that is not a natural person, the state or any city, county, district or other political subdivision or public corporation in this state, without appearance by attorney, may appear as a party to any action in the small claims department and in any supplementary proceeding in aid of execution after entry of a small claims judgment.

�� (6) Assigned claims may be prosecuted by an assignee in small claims department to the same extent they may be prosecuted in any other state court.

�� (7) When spouses are both parties to a case, one spouse may appear on behalf of both spouses in mediation or litigation in the small claims department:

�� (a) With the written consent of the other spouse; or

�� (b) If the appearing spouse declares under penalty of perjury that the other spouse consents. [1971 c.760 �3; 1973 c.484 �6; 1981 s.s. c.1 �22; 1987 c.811 �1; 1993 c.282 �2; 1995 c.658 �44; 1997 c.808 ��6,7; 2015 c.7 �3; 2017 c.268 �1]

�� 46.420 [Repealed by 1971 c.760 �11]

�� 46.425 Commencement of actions; contents of claim. (1) An action in the small claims department shall be commenced by the plaintiff�s filing with the clerk of the court a claim in the form prescribed by the court.

�� (2) The claim shall:

�� (a) Contain the name and address of the plaintiff and of the defendant, followed by a plain and simple statement of the claim, including the amount and the date the claim allegedly accrued;

�� (b) State that the plaintiff made a good faith effort to collect the claim from the defendant before filing the claim with the clerk; and

�� (c) Include an affidavit attesting to the accuracy of the statements described in paragraphs (a) and (b) of this subsection or a declaration under penalty of perjury in the form required by ORCP 1 E.

�� (3) Except in actions arising under ORS chapter 90, the plaintiff must include in a claim all amounts claimed from the defendant arising out of a single transaction or occurrence. Any plaintiff alleging damages on a transaction requiring installment payments need only claim the installment payments due and owing as of the date of filing of the claim, and need not accelerate the remaining payments. The plaintiff may include in a claim all amounts claimed from a defendant on more than one transaction or occurrence if the total amount of the claim does not exceed $10,000.

�� (4) Notwithstanding subsection (3) of this section, a plaintiff bringing an action on assigned claims:

�� (a) Need bring an action only on those claims that have been assigned as of the date the action is filed; and

�� (b) May bring separate actions for each person assigning claims to the plaintiff. [1971 c.760 �4; 1977 c.875 �2; 1991 c.195 �1; 1995 c.658 �45; 1997 c.378 �4; amendments by 1997 c.378 �5 repealed by 1999 c.84 �9; 1997 c.801 �80; 1999 c.84 �2; 2007 c.125 �2; 2011 c.595 �48; 2015 c.121 �1]

�� 46.430 [Repealed by 1971 c.760 �11]

�� 46.435 [1971 c.760 �5; 1973 c.393 �2; 1977 c.875 �3; 1979 c.567 �2; repealed by 1979 c.833 �36]

�� 46.440 [Repealed by 1971 c.760 �11]

�� 46.441 Explanation to plaintiff of how notice may be served. The small claims department of a circuit court shall provide to each plaintiff who files a claim with the department a written explanation of how notice may be served in actions in the department. [1977 c.875 �9; 1995 c.658 �46]

�� 46.445 Notice of claim; content; service. (1) Upon the filing of a claim in the small claims department of a circuit court, the clerk shall issue a notice in the form prescribed by the court.

�� (2) The notice shall be directed to the defendant, naming the defendant, and shall contain a copy of the claim.

�� (3) The notice and claim shall be served upon the defendant either in the manner provided for the service of summons and complaint in proceedings in the circuit courts or by certified mail, at the option of the plaintiff. If service by certified mail is attempted, the plaintiff shall mail the notice and claim by certified mail addressed to the defendant at the last-known mailing address of the defendant. The envelope shall be marked with the words �Deliver to Addressee Only� and �Return Receipt Requested.� The date of delivery appearing on the return receipt shall be prima facie evidence of the date on which the notice and claim was served upon the defendant. If service by certified mail is not successfully accomplished, the notice and claim shall be served in the manner provided for the service of summons and complaint in proceedings in the circuit courts.

�� (4) The notice shall include a statement in substantially the following form:

NOTICE TO DEFENDANT:

READ THESE PAPERS CAREFULLY!!

�� Within 30 DAYS after receiving this notice you MUST do ONE of the following things:

�� Pay the claim plus filing fees and service expenses paid by plaintiff OR

�� Demand a hearing OR

�� Demand a jury trial

�� If you fail to do one of the above things within 30 DAYS after receiving this notice, then upon written request from the plaintiff the clerk of the court will enter a judgment against you for the amount claimed plus filing fees and service expenses paid by the plaintiff, plus a prevailing party fee.

�� If you have questions about the small claims court filing procedures after reading this notice, you may contact the clerk of the court; however, the clerk cannot give you legal advice on the claim.

[1971 c.760 �6; 1977 c.875 �4; 1977 c.877 �9a; 1989 c.741 �1; 1991 c.111 �4; 1991 c.195 �2; 1995 c.658 �47; 1997 c.872 ��8,9; 2025 c.197 �3]

�� 46.450 [Repealed by 1971 c.760 �11]

�� 46.455 Admission or denial of claim; request for jury trial. Within 30 days after the date of service of the notice and claim upon the defendant as provided in ORS 46.445:

�� (1) If the defendant admits the claim, the defendant may settle it by:

�� (a) Paying to the plaintiff the amount of the claim plus the amount of all filing fees and service expenses paid by the plaintiff and mailing proof of that payment to the court.

�� (b) If the claim is for recovery of specific personal property, delivering the property to the plaintiff and paying to the plaintiff the amount of all filing fees and service expenses paid by the plaintiff and mailing proof of that delivery and payment to the court.

�� (2) If the defendant denies the claim, the defendant:

�� (a) May demand a hearing in the small claims department in a written request to the clerk in the form prescribed by the court, accompanied by payment of the defendant�s fee prescribed; and

�� (b) When demanding a hearing, may assert a counterclaim in the form provided by the court.

�� (3) If the total amount or value claimed, including identified prejudgment or preaward interest, fees and costs, exceeds $750, the defendant has a constitutional right to a jury trial and may claim that right in a written request to the clerk in the form prescribed by the court, accompanied by payment of the appearance fee required from defendants under ORS 21.160. The request shall designate a mailing address to which a summons and copy of the complaint may be served by mail. Thereafter, the plaintiff�s claim will not be limited to the amount stated in the claim, though it must involve the same controversy. [1971 c.760 �7; 1973 c.654 �1; 1973 c.812 �3a; 1977 c.875 �5; 1977 c.877 �10a; 1981 s.s. c.3 �94; 1983 c.673 �2; 1985 c.496 �13; 1991 c.111 �5; 1991 c.195 �3; 1995 c.227 �2; 1995 c.455 �4; 1995 c.658 �48; 1997 c.46 ��6,7; 2011 c.595 �49; 2025 c.197 �1]

�� 46.458 [1995 c.455 �2; 1995 c.618 �15b; repealed by 1997 c.46 �1]

�� 46.460 [Amended by 1965 c.619 �24; 1969 c.683 �2; repealed by 1971 c.760 �11]

�� 46.461 Counterclaims; fee; transfer of case to circuit court. (1) The defendant in an action in the small claims department may assert as a counterclaim any claim that, on the date of issuance of notice pursuant to ORS 46.445, the defendant may have against the plaintiff and that arises out of the same transaction or occurrence that is the subject matter of the claim filed by the plaintiff.

�� (2) If the amount or value of the counterclaim exceeds $10,000, the court shall strike the counterclaim and proceed to hear and dispose of the case as though the counterclaim had not been asserted unless the defendant files with the counterclaim a motion requesting that the case be transferred from the small claims department to the circuit court. After the transfer the plaintiff�s claim will not be limited to the amount stated in the claim filed with the small claims department, though it must involve the same controversy.

�� (3)(a) If the amount or value of the counterclaim exceeds that specified in subsection (2) of this section, and the defendant files a motion requesting transfer as provided in subsection (2) of this section, the case shall be transferred to the circuit court. The clerk of the court shall notify the plaintiff and defendant, by mail, of the transfer. The notice to the plaintiff shall contain a copy of the counterclaim and shall instruct the plaintiff to file with the court and serve by mail on the defendant, within 20 days following the mailing of the notice, a reply to the counterclaim and, if the plaintiff proposes to increase the amount of the claim originally filed with the small claims department, an amended claim for the increased amount. Proof of service on the defendant of the plaintiff�s reply and amended claim may be made by certificate of the plaintiff or plaintiff�s attorney attached to the reply and amended claim filed with the court. The defendant is not required to answer an amended claim of the plaintiff.

�� (b) Upon filing the motion requesting transfer, the defendant shall pay to the clerk of the court an amount equal to the difference between the fee paid by the defendant as required by ORS 46.570 and the fee required of a defendant under ORS 21.160. Upon filing a reply to the counterclaim, the plaintiff shall pay to the clerk of the court an amount equal to the difference between the fee paid by the plaintiff as required by ORS 46.570 and the fee required of a plaintiff under ORS 21.160. [1977 c.875 �10; 1979 c.567 �3; 1983 c.242 �2; 1983 c.673 �5; 1985 c.367 �2; 1985 c.496 �31; 1987 c.714 �9; 1987 c.725 �2; 1991 c.790 �7; 1995 c.658 �49; 1997 c.378 �7; amendments by 1997 c.378 �8 repealed by 1999 c.84 �9; 1997 c.801 �82; 1999 c.84 �3; 2007 c.125 �3; 2011 c.595 �50]

�� 46.465 Time and place of hearing; notice; procedure if right to jury trial asserted; attorney fees. (1) If the defendant demands a hearing in the small claims department, under the direction of the court the clerk shall fix a day and time for the hearing and shall mail to the parties a notice of the hearing time in the form prescribed by the court, instructing them to bring witnesses, documents and other evidence pertinent to the controversy.

�� (2) If the defendant asserts a counterclaim, the notice of the hearing time shall contain a copy of the counterclaim.

�� (3)(a) If the defendant claims the right to a jury trial, the clerk shall notify the plaintiff by mail of the requirements of this paragraph. Within 20 days after the mailing of the notice, the plaintiff must file a formal complaint with the court and serve by mail a summons and copy of the complaint on the defendant at the designated address of the defendant. Proof of service must be filed by the plaintiff with the court. Proof of service may be made by filing a certificate of the plaintiff or the plaintiff�s attorney with the complaint.

�� (b) The plaintiff�s claim in the formal complaint filed pursuant to this subsection is not limited to the amount stated in the claim filed in the small claims department, but the claim in the formal complaint must relate to the same controversy.

�� (c) The defendant must file an appearance in the matter within 10 days after the date on which the summons and copy of the complaint would be delivered to the defendant in due course of mail. Thereafter the cause shall proceed as other causes in the court, and costs and disbursements shall be allowed and taxed. Fees not previously paid shall be charged and collected as provided for other cases tried in the circuit court, except that the filing fee for the plaintiff shall be an amount equal to the difference between the filing fee paid by the plaintiff as required by ORS 46.570 and the filing fee required of the plaintiff under ORS 21.160.

�� (4)(a) If the defendant claims the right to a jury trial and does not prevail in the action, the court shall award to the plaintiff reasonable attorney fees incurred by the plaintiff in the action. Unless attorney fees are otherwise provided for in the action by contract or statutory provision, attorney fees awarded under this paragraph may not exceed $1,000.

�� (b) If the defendant asserts a counterclaim that requires transfer of the matter under the provisions of ORS 46.461, and the defendant does not prevail in the action, the court shall award to the plaintiff reasonable attorney fees incurred by the plaintiff in the action. [1971 c.760 �8; 1975 c.346 �1; 1983 c.673 �3; 1985 c.496 �14; 1991 c.790 �8; 1995 c.455 �5; 1995 c.618 �15a; 1997 c.46 ��9,10; 2011 c.595 �51]

�� 46.470 [Amended by 1963 c.248 �1; repealed by 1971 c.760 �11]

�� 46.475 Additional time for appearances; default and dismissal. (1) Upon written request, the court may extend to the parties additional time within which to make formal appearances required in the small claims department of a circuit court.

�� (2) If the defendant fails to pay the claim, demand a hearing, or demand a jury trial and comply with ORS 46.465 (3)(c), upon written request from the plaintiff the clerk shall enter a judgment against the defendant for the relief claimed plus the amount of the small claims filing fees and service expenses paid by the plaintiff and the prevailing party fee provided by ORS 20.190.

�� (3) If the plaintiff fails within the time provided to file a formal complaint pursuant to ORS 46.465 (3)(a), the clerk shall dismiss the case without prejudice.

�� (4) If the defendant appears at the time set for hearing but no appearance is made by the plaintiff, the claim shall be dismissed with prejudice. If neither party appears, the claim shall be dismissed without prejudice.

�� (5) Upon good cause shown within 60 days, the court may set aside a default judgment or dismissal and reset the claim for hearing. [1971 c.760 �9; 1977 c.875 �6; 1985 c.496 �15; 1991 c.111 �6; 1995 c.618 ��8,8a; 1995 c.658 �51; 1997 c.46 ��12,13; 1999 c.84 �10; 2011 c.595 �52]

�� 46.480 [Amended by 1969 c.683 �3; repealed by 1971 c.760 �11]

�� 46.485 Extent and effect of small claims judgment. (1) In addition to any other award, the prevailing party shall be entitled to a judgment for the small claims filing fees and service expenses paid by the party and the prevailing party fee provided for in ORS 20.190 (1)(c) or (2)(b). The prevailing party may also be awarded prevailing party fees under ORS 20.190 (3). The award shall be paid or the property delivered upon such terms and conditions as the judge may prescribe.

�� (2) The court may allow to the defendant a setoff not to exceed the amount of plaintiff�s claim, but in such case the court shall cause to be entered in the record the amount of the setoff allowed.

�� (3) No attachment shall issue on any cause in the small claims department.

�� (4) A judgment in the small claims department is conclusive upon the parties and no appeal may be taken from the judgment.

�� (5) The clerk of the court shall keep a record of all actions, proceedings and judgments in the small claims department.

�� (6) A judgment in the small claims department is a judgment of the circuit court. The clerk shall enter such judgment in the register of the circuit court in the manner provided by ORS 18.075. A judgment in the small claims department may create a lien as provided by ORS 46.488. Judgments that include money awards, as defined by ORS

ORS 46.461

46.461, an amount not less than the amount awarded to the plaintiff.

�� (5) The provisions of this section do not apply to:

�� (a) Contracts for insurance;

�� (b) Contracts for which another statute authorizes or requires an award of attorney fees;

�� (c) Any action for damages for breach of an express or implied warranty in a sale of consumer goods or services that is subject to ORS 20.098; or

�� (d) Any action against the maker of a dishonored check that is subject to ORS 30.701. [2001 c.542 �1; 2005 c.22 �10; 2009 c.487 �5]

�� 20.083 Award of attorney fees under void contract, under unenforceable contract or to person who is not party to contract. A prevailing party in a civil action relating to an express or implied contract is entitled to an award of attorney fees that is authorized by the terms of the contract or by statute, even though the party prevails by reason of a claim or defense asserting that the contract is in whole or part void, a claim or defense asserting that the contract is unenforceable or a claim or defense asserting that the prevailing party was not a party to the contract. [2003 c.393 �1; 2009 c.285 �1]

�� 20.085 Costs and attorney fees in inverse condemnation proceedings. In a proceeding brought under section 18, Article I or section 4, Article XI of the Oregon Constitution by an owner of property or by a person claiming an interest in property, if the owner or other person prevails, the owner or other person shall be entitled to costs and disbursements and reasonable attorney fees at trial and on appeal. [1965 c.484 �1; 1981 c.897 �2; 1995 c.79 �8]

�� 20.090 [Amended by 1963 c.247 �1; 1973 c.553 �1; 1981 c.897 �3; repealed by 1997 c.182 �7]

�� 20.094 Attorney fees in actions or suits in which discharge in bankruptcy asserted. In any action or suit on a debt in which the defendant asserts a discharge in bankruptcy as a defense, the court shall award a reasonable attorney fee at trial and on appeal to the prevailing party. [1971 c.167 �2; 1973 c.216 �1; 1981 c.897 �4; 1995 c.618 �18]

�� 20.095 [1953 c.213 �1; repealed by 1965 c.611 �18]

�� 20.096 Reciprocity of attorney fees and costs in proceedings to enforce contract. (1) In any action or suit in which a claim is made based on a contract that specifically provides that attorney fees and costs incurred to enforce the provisions of the contract shall be awarded to one of the parties, the party that prevails on the claim shall be entitled to reasonable attorney fees in addition to costs and disbursements, without regard to whether the prevailing party is the party specified in the contract and without regard to whether the prevailing party is a party to the contract.

�� (2) Attorney fees provided for in a contract described in subsection (1) of this section shall not be subject to waiver by the parties to any such contract that is entered into after September 9, 1971. Any provision in such a contract that provides for a waiver of attorney fees is void.

�� (3) As used in this section and ORS 20.097, �contract� includes any instrument or document evidencing a debt. [1971 c.202 �1; 1975 c.623 �3; 1979 c.735 �1; 1981 c.898 �20; 1983 c.527 �1; 2001 c.542 ��3,3a; 2009 c.285 �2]

�� 20.097 Attorney fees and costs where defendant prevails in certain proceedings to enforce contract. (1) In any action or suit on a contract by an assignee of any right under that contract, the maker of that contract and the plaintiff in the action or suit on that contract shall be severally liable for any attorney fees and costs that may be awarded to the defendant in the action.

�� (2) As used in this section, �maker� means the original party to the contract which is the subject of the action or suit who is the predecessor in interest of the plaintiff under the contract.

�� (3) A maker shall be liable under this section only if the defense successfully asserted by the defendant existed at the time of the assignment of the contract. [1975 c.623 �2; 1989 c.1065 �1; 2001 c.542 �4]

�� 20.098 Attorney fees and compensation of expert witnesses in certain proceedings for breach of warranty. (1) In any action for damages for breach of an express or implied warranty in a sale of consumer goods or services where the amount pleaded is $2,500 or less and the plaintiff prevails in the action, there shall be taxed and allowed to the plaintiff, at trial and on appeal, a reasonable amount to be fixed by the court as attorney fees for the prosecution of the action, and as part of the disbursements of the action, a reasonable amount to be fixed by the court as compensation of expert witnesses, if the court finds that written demand for the payment of such claim was made on the defendant not less than 30 days before commencement of the action and that the defendant was allowed within that 30 days reasonable opportunity to inspect any property pertaining to the claim; provided, that no attorney fees at trial and on appeal or compensation of expert witnesses shall be allowed to the plaintiff if the court finds that the defendant tendered to the plaintiff, prior to the commencement of the action, an amount not less than the damages awarded to the plaintiff.

�� (2) If the defendant prevails in an action in which the plaintiff requests attorney fees or compensation of expert witnesses under subsection (1) of this section, the court may in its discretion allow reasonable attorney fees at trial and on appeal or a reasonable amount as compensation of expert witnesses to the defendant if it finds the action to have been frivolous. [1971 c.744 �23; 1975 c.586 �1; 1981 c.897 �5; 1981 c.898 �21]

�� 20.100 [Repealed by 1981 c.898 �53]

�� 20.105 Attorney fees where party disobeys court order or asserts claim, defense or ground for appeal without objectively reasonable basis. (1) In any civil action, suit or other proceeding in a circuit court or in the regular division or the magistrate division of the Oregon Tax Court, or in any civil appeal to or review by the Court of Appeals or Supreme Court, the court shall award reasonable attorney fees to a party against whom a claim, defense or ground for appeal or review is asserted, if that party is a prevailing party in the proceeding and to be paid by the party asserting the claim, defense or ground, upon a finding by the court that the party willfully disobeyed a court order or that there was no objectively reasonable basis for asserting the claim, defense or ground for appeal.

�� (2) All attorney fees paid to any agency of the state under this section shall be deposited to the credit of the agency�s appropriation or cash account from which the costs and expenses of the proceeding were paid or incurred. If the agency obtained an Emergency Board allocation to pay costs and expenses of the proceeding, to that extent the attorney fees shall be deposited in the General Fund available for general governmental expenses. [1983 c.763 �57; 1995 c.618 �2; 2021 c.555 �5]

�� 20.107 Attorney and expert witness fees and other costs on claim of unlawful discrimination; defense. (1) In any civil judicial proceeding, including judicial review of an administrative proceeding based on a claim of unlawful discrimination, the court shall award to the prevailing plaintiff attorney and expert witness fees reasonably and necessarily incurred in connection with the discrimination claim, at the trial court or agency level and on appeal. The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no reasonable basis for appealing an adverse decision of a trial court or agency.

�� (2) In making an award under this section, the court shall calculate attorney and expert witness fees on the basis of a reasonable hourly rate at the time the award is made, multiplied by the amount of time actually and reasonably spent in connection with the discrimination claim.

�� (3) When an award under this section is made against a state agency or an officer or employee of a state agency, the award shall be paid by the agency directly from funds available to it.

�� (4) As used in this section, �unlawful discrimination� means discrimination based upon personal characteristics including, but not limited to, race, religion, sex, sexual orientation, gender identity, national origin, alienage, marital status or age. [1985 c.768 �1; 1995 c.618 �20; 2007 c.100 �14; 2021 c.367 �3]

�� 20.110 [Repealed by 1981 c.898 �53]

OTHER COSTS

�� 20.115 Service expenses recoverable as costs and disbursements. (1) A person who is otherwise entitled to recover costs and disbursements may recover the following amounts as part of costs and disbursements:

�� (a) An amount paid to a sheriff for service of process or other documents under ORS 21.300.

�� (b) An amount paid to a person other than a sheriff for service of process or other documents. Except as provided in subsection (2) of this section, the amount that may be recovered as costs and disbursements under this paragraph may not exceed the maximum amount payable to a sheriff for service of the same process or document under ORS 21.300.

�� (2) In addition to amounts recoverable under subsection (1) of this section, a person who is otherwise entitled to recover costs and disbursements may recover the following amounts paid to a person other than a sheriff for service of process or other documents:

�� (a) The reasonable cost of service outside this state.

�� (b) The reasonable rate for mileage.

�� (c) The reasonable cost of locating and serving a party when routine service methods are unsuccessful.

�� (d) The reasonable cost of expedited service if expedited service is necessary.

�� (3) In addition to amounts recoverable under subsections (1) and (2) of this section, a person who is otherwise entitled to recover costs and disbursements may recover amounts paid for an attempt at service made in good faith if the amounts paid would be recoverable under subsections (1) and (2) of this section had service of process or other documents been accomplished.

�� (4) The provisions of this section do not limit the ability of a party to recover any reasonable costs of service if the party has a contract right to recover those costs. [1997 c.202 �1]

�� 20.120 Costs on review of decision of officer, tribunal, or court of inferior jurisdiction. When the decision of an officer, tribunal, or court of inferior jurisdiction is brought before a court for review, such review shall, for all the purposes of costs or disbursements, be deemed an appeal to such court upon errors in law, and costs therein shall be allowed and recovered accordingly.

�� 20.125 Assessment of costs and attorney fees against attorney causing mistrial. In the case of a mistrial in a civil or criminal action, if the court determines that the mistrial was caused by the deliberate misconduct of an attorney, the court, upon motion by the opposing party or upon motion of the court, shall assess against the attorney causing the mistrial costs and disbursements, as defined in ORCP 68, and reasonable attorney fees incurred by the opposing party as a result of the misconduct. [1985 c.556 �1; 1995 c.618 �3]

�� 20.130 Proceeding to which state or public corporation is party. In all actions or suits prosecuted or defended in the name and for the use of the state, or any county or other public corporation therein, the state or public corporation is liable for and may recover costs and disbursements in like manner and with like effect as in the case of natural persons. When a natural person is joined with the state as plaintiff, or the action is upon the information of such natural person, the natural person shall be liable in the first instance for the defendant�s costs and disbursements; and such costs and disbursements shall not be recovered from the state until after execution is issued therefor against such person and returned unsatisfied in whole or in part.

�� 20.140 State and certain public corporations not required to advance costs; payment of costs recovered. When the state or any county, city or school district in this state, or an officer, employee or agent thereof appearing in a representative or other official capacity, is a party in an action or proceeding in any court in this state, that party is not required to pay in advance to a state or county officer any fee taxable as costs and disbursements in the action or proceeding. If that party is entitled to recover costs and disbursements in the action or proceeding, the amount of the fee not paid in advance shall be included in the statement of costs and disbursements claimed by the party, shall be entered as part of the judgment and, if recovered by the party, shall be paid by the party to the state or county officer entitled to receive the fee. The party shall employ reasonable effort to recover the amount of the fee. [Amended by 1983 c.763 �19; 1987 c.405 �1]

�� 20.150 Recovery of costs and disbursements when party represented by another. In an action, suit or proceeding prosecuted or defended by an executor, administrator, trustee of an express trust or person expressly authorized by statute to prosecute or defend therein, or in which a party appears by general guardian, conservator or guardian ad litem, costs and disbursements shall be recovered or not as in ordinary cases, but if recovered shall be chargeable only upon or collected from the estate, trust fund or party represented or for whom appearance is made, unless the court or judge thereof shall order such costs and disbursements to be recovered from the executor, administrator, trustee, person, guardian or conservator personally for mismanagement or bad faith in the commencement, prosecution or defense of the action, suit or proceeding. [Amended by 1961 c.344 �99]

�� 20.160 [Amended by 1991 c.331 �5; 1997 c.631 �367; 2003 c.576 �285; 2005 c.22 �11; repealed by 2009 c.427 �1]

�� 20.170 [Amended by 1991 c.331 �6; repealed by 2009 c.427 �1]

�� 20.180 Effect of tender as to costs. When in any action or suit for the recovery of money or damages only, the defendant shall allege in answer that before the commencement thereof the defendant tendered to the plaintiff a certain amount of money in full payment or satisfaction of the cause, and now brings the same into court and deposits it with the clerk for the plaintiff, if such allegation of tender is found true, and the plaintiff does not recover a greater sum than the amount so tendered, the plaintiff shall not recover costs from the defendant, but the defendant shall recover costs from the plaintiff. [Amended by 2005 c.22 �12]

PREVAILING PARTY FEES

�� 20.190 Prevailing party fees. (1) Except as provided in subsections (2) to (5) of this section, a prevailing party in a civil action or proceeding who has a right to recover costs and disbursements in the following cases also has a right to recover, as a part of the costs and disbursements, the following additional amounts:

�� (a) In the Supreme Court or Court of Appeals, on an appeal, $100.

�� (b) In a circuit court:

�� (A) When judgment is given without trial of an issue of law or fact or on an appeal, $85; or

�� (B) When judgment is given after trial of an issue of law or fact, $105.

�� (c) In a small claims department, a county court or justice court:

�� (A) When judgment is given without trial of an issue of law or fact or on an appeal, $50; or

�� (B) When judgment is given after trial of an issue of law or fact, $60.

�� (2) In lieu of the prevailing party fee provided for in subsection (1) of this section, in any civil action or proceeding in which recovery of money or damages is sought, a prevailing party who has a right to recover costs and disbursements also has a right to recover, as a part of the costs and disbursements, the following additional amounts:

�� (a) In a circuit court:

�� (A) When judgment is given without trial of an issue of law or fact, $345; or

�� (B) When judgment is given after trial of an issue of law or fact, $640.

�� (b) In a small claims department, a county court or justice court:

�� (A) When judgment is given without trial of an issue of law or fact, $117; or

�� (B) When judgment is given after trial of an issue of law or fact, $135.

�� (3) In addition to the amounts provided for in subsection (2) of this section, in any civil action or proceeding in a circuit court in which recovery of money or damages is sought, the court may award to the prevailing party up to an additional $5,000 as a prevailing party fee. The court shall consider the following factors in making an award under the provisions of this subsection:

�� (a) The conduct of the parties in the transactions or occurrences that gave rise to the litigation, including any conduct of a party that was reckless, willful, malicious, in bad faith or illegal.

�� (b) The objective reasonableness of the claims and defenses asserted by the parties.

�� (c) The extent to which an award of a larger prevailing party fee in the case would deter others from asserting good faith claims or defenses in similar cases.

�� (d) The extent to which an award of a larger prevailing party fee in the case would deter others from asserting meritless claims and defenses.

�� (e) The objective reasonableness of the parties and the diligence of the parties and their attorneys during the proceedings.

�� (f) The objective reasonableness of the parties and the diligence of the parties in pursuing settlement of the dispute.

�� (g) Any award of attorney fees made to the prevailing party as part of the judgment.

�� (h) Such other factors as the court may consider appropriate under the circumstances of the case.

�� (4) Nonprevailing parties are jointly liable for the prevailing party fees provided for in this section. A court may not award more than one prevailing party fee to a prevailing party under this section, or more than one prevailing party fee against a nonprevailing party regardless of the number of parties in the action, and, upon being paid the amount of the award, the prevailing party may not seek recovery of any additional amounts under the provisions of this section from any other nonprevailing party.

�� (5) In any appeal from the award or denial of a prevailing party fee under subsection (2) of this section, the court reviewing the award may not modify the decision of the court in making or denying an award, or the decision of the court as to the amount of the award, except upon a finding of an abuse of discretion.

�� (6) The prevailing party fees provided for in this section may not be awarded:

�� (a) In the following proceedings:

�� (A) A class action proceeding under ORCP 32.

�� (B) A condemnation proceeding.

�� (C) Proceedings under the provisions of ORS chapters 25, 107, 108, 109 and 110.

�� (b) To a respondent in proceedings under ORS 30.866 or 163.730 to 163.750 unless the court finds that the petitioner initiated the proceedings with malicious intent.

�� (7) Mandatory arbitration under ORS 36.400 to 36.425 does not constitute a trial of an issue of law or fact for the purposes of this section. [1981 c.898 �18a; 1987 c.725 �6; 1989 c.1007 �1; 1995 c.618 �7; 1997 c.249 �13; 1997 c.801 ��56,56a; 2005 c.702 �93; 2007 c.860 �16; 2011 c.595 �170a; 2013 c.685 �44; 2017 c.663 �25; 2019 c.342 �1; 2019 c.605 �27]

�� 20.210 [Amended by 1959 c.638 �7; 1979 c.284 �60; repealed by 1981 c.898 �53]

APPEALS ON ATTORNEY FEES AND OTHER COSTS

�� 20.220 Appeal on attorney fees and costs; effect of reversal or modification. (1) An appeal may be taken from a judgment under ORCP 68 C(4) allowing or denying attorney fees or costs and disbursements on questions of law only, as in other cases. On such appeal the statement of attorney fees or costs and disbursements, the objections thereto and the judgment rendered thereon shall constitute the trial court file, as defined in ORS 19.005.

�� (2) If an appeal is taken from a judgment under ORS 19.205 before the trial court enters a judgment under ORCP 68 C(4), any necessary modification of the appeal shall be pursuant to rules of the appellate court.

�� (3) When an appeal is taken from a judgment under ORS 19.205 to which an award of attorney fees or costs and disbursements relates:

�� (a) If the appellate court reverses the judgment, the award of attorney fees or costs and disbursements shall be deemed reversed; or

�� (b) If the appellate court modifies the judgment such that the party who was awarded attorney fees or costs and disbursements is no longer entitled to the award, the party against whom attorney fees or costs and disbursements were awarded may move for relief under ORCP 71 B(1)(e). [Amended by 1967 c.471 �2; 1981 c.898 �22; 1989 c.768 �7]

�� 20.230 [Repealed by 1981 c.898 �53]

COSTS AND DISBURSEMENTS IN APPELLATE COURTS

�� 20.310 Costs and disbursements in Supreme Court or Court of Appeals. (1) In any appeal to the Court of Appeals or review by the Supreme Court, the court shall allow costs and disbursements to the prevailing party, unless a statute provides that in the particular case costs and disbursements shall not be allowed to the prevailing party or shall be allowed to some other party, or unless the court directs otherwise. If, under a special provision of any statute, a party has a right to recover costs, such party shall also have a right to recover disbursements. On the same terms and conditions, when the Supreme Court denies a petition for review, the respondent on review is entitled to costs and disbursements reasonably incurred in connection with the petition for review.

�� (2) Costs and disbursements on appeal to the Court of Appeals or Supreme Court or on petition for review by the Supreme Court are the filing or appearance fee, the reasonable cost for any bond or irrevocable letter of credit, the prevailing party fee provided for under ORS 20.190, the printing, including the excerpt of record, required by rule of the court, postage for the filing or service of items that are required to be filed or served by law or court rule, and the transcript of testimony or other proceedings, when necessarily forming part of the record on appeal. [Amended by 1971 c.99 �1; 1977 c.290 �2; 1985 c.734 �13; 1987 c.314 �1; 1991 c.331 �7; 1997 c.389 �11; 2007 c.547 �6]

�� 20.320 Statement of costs and disbursements; objections. Costs or disbursements shall not be allowed in the Supreme Court or Court of Appeals to a party unless the party serves on the adverse party or the adverse party�s attorney, and files with the State Court Administrator, a statement certified under ORCP 17 showing with reasonable certainty all costs and disbursements claimed by the party. The statement must be accompanied by proof of service on all adverse parties, and must be filed within 21 days from the date of the court�s decision, or within such further time as may be allowed by the court. The total of the items included in the statement of costs and disbursements thus filed, with the exception of items or amounts not allowed by law or by rules of the Supreme Court or Court of Appeals, shall be entered by the administrator as a part of the appellate judgment, in favor of the party entitled to the costs and disbursements, unless an adverse party within 14 days from date of service of the statement serves and files objections to the statement. The filing or appearance fee and the prevailing party fee under ORS 20.190 (1) shall be awarded by the court without the filing of a statement of costs and disbursements. [Amended by 1971 c.99 �2; 1983 c.774 �4; 1985 c.734 �14; 2003 c.518 �3]

�� 20.330 Costs and disbursements in cases of original jurisdiction. Litigants shall recover their costs and disbursements in cases of original jurisdiction in the Supreme Court, the same as provided in cases on appeal.

CONTINGENT FEE AGREEMENTS

�� 20.340 Contingent fee agreement. (1) In any civil action arising out of bodily injury, death or property damage, including claims for emotional injury or distress, loss of care, comfort, companionship and society, and loss of consortium, if an attorney for a plaintiff in respect to any civil action enters into an agreement with the plaintiff whereby the attorney receives as a fee a percentage of the amount of any settlement or judgment awarded to the plaintiff:

�� (a) The contingent fee agreement shall be written in plain and simple language reasonably believed to be understandable by the plaintiff.

�� (b) The attorney shall explain the terms and conditions of the agreement in compliance with a model explanation in plain and simple language prepared by the Oregon State Bar a reasonable time before the agreement is signed.

�� (c) The contingent fee agreements must contain a provision allowing the plaintiff to rescind the agreement within 24 hours after signing upon written notice to the attorney.

�� (2) Any contingent fee agreement entered into on or after September 26, 1987, that does not comply with the requirements of subsection (1) of this section is voidable. [Formerly 9.400]

ORS 465.255

465.255;

�� (c) Identify the activities a security interest holder may undertake in connection with foreclosure on a security interest in a facility and continue to be exempt from the liability imposed under ORS 465.255; and

�� (d) Allow a security interest holder to encourage and require responsible environmental management by borrowers.

�� (2) In adopting rules under subsection (1) of this section, the commission shall:

�� (a) Exclude the mere capacity or unexercised right to influence a facility�s management of hazardous substance from activities that might void a security interest holder�s exemption from liability; and

�� (b) Distinguish activities that are consistent with holding, protecting and foreclosing of a security interest, and that are therefore exempt from liability, from activities that constitute actual participation in the management of a facility that may be grounds for liability under ORS 465.255.

�� (3) In adopting rules under subsection (1) of this section, the commission shall consider and, to the extent consistent with subsections (1) and (2) of this section, adopt rules parallel in effect to any federal statute or regulation, adopted and effective on or after May 1, 1991, pertaining to the scope and meaning of the exemption from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (P.L. 96-510 and 99-499), of a security interest holder. [1991 c.680 �4]

�� 465.440 Rules relating to exemption from liability for fiduciary. In accordance with the purposes of ORS 465.425 to 465.455, the Environmental Quality Commission by rule shall define the instances in which a person acting under ORS chapter 709 and in a fiduciary capacity shall be exempt from liability for environmental contamination at property the fiduciary holds in a fiduciary capacity. In adopting the rules, the commission shall consider and, to the extent appropriate, provide exemptions from liability for the fiduciaries that are similar in purpose and effect to those exemptions provided for security interest holders under rules adopted under ORS 465.435. [1991 c.680 �5]

�� 465.445 Advisory committee. The Director of the Department of Environmental Quality shall appoint an advisory committee to advise the Department of Environmental Quality and the Environmental Quality Commission in the development of rules under ORS 465.435 and 465.440. [1991 c.680 �6]

�� 465.450 Limitation on commission�s discretion to adopt rules. Notwithstanding the discretion otherwise allowed under ORS 465.435, if federal law is enacted or regulations are adopted and become effective after May 1, 1991, the Environmental Quality Commission shall adopt rules under ORS 465.435. [1991 c.680 �7]

�� 465.455 Construction of ORS 465.425 to 465.455. Nothing in ORS 465.425 to 465.455 or any rule adopted under ORS 465.435 or 465.440 shall be construed to impose liability on a security interest holder or fiduciary or to expand the liability of a security interest holder or fiduciary beyond that which might otherwise exist. [1991 c.680 �8]

(Oregon Environmental Cleanup Assistance)

�� 465.475 Definitions for ORS 465.475 to 465.484. For the purposes of ORS 465.475 to 465.484:

�� (1) �Environmental claim� means a claim for defense or indemnity submitted under a general liability insurance policy by an insured facing, or allegedly facing, potential liability for bodily injury or property damage arising from a release of pollutants onto or into land, air or water.

�� (2) �General liability insurance policy� means any contract of insurance that provides coverage for the obligations at law or in equity of an insured for bodily injury, property damage or personal injury to others. �General liability insurance policy� includes but is not limited to a pollution liability insurance policy, a commercial general liability insurance policy, a comprehensive general liability policy, an excess liability policy, an umbrella liability insurance policy or any other kind of policy covering the liability of an insured for the claims of third parties. �General liability insurance policy� does not include homeowner or motor vehicle policies or portions of other policies relating to homeowner or motor vehicle coverages, claims-made policies or portions of other policies relating to claims-made policies or specialty line liability coverage such as directors and officers insurance, errors and omissions insurance or other similar policies.

�� (3) �Insured� means any person included as a named insured on a general liability insurance policy who has or had a property interest in a site in Oregon that involves an environmental claim.

�� (4) �Lost policy� means any part or all of a general liability insurance policy that is alleged to be ruined, destroyed, misplaced or otherwise no longer possessed by the insured.

�� (5) �Policy� means the written contract or agreement, and all clauses, riders, endorsements and papers that are a part of the contract or agreement, for or effecting insurance. [1999 c.783 �2; 2003 c.799 �1]

�� 465.478 Legislative findings. The Legislative Assembly finds that there are many insurance coverage disputes involving insureds who face potential liability for their ownership of or roles at polluted sites in this state. The State of Oregon has a substantial public interest in promoting the fair and efficient resolution of environmental claims while encouraging voluntary compliance and regulatory cooperation. [1999 c.783 �3]

�� 465.479 Lost policies; investigation by insurer required; minimum standards for investigation. (1) If, after a diligent investigation by an insured of the insured�s own records, including computer records and the records of past and present agents of the insured, the insured is unable to reconstruct a lost policy, the insured may provide a notice of a lost policy to an insurer.

�� (2) An insurer must investigate thoroughly and promptly a notice of a lost policy. An insurer fails to investigate thoroughly and promptly if the insurer fails to provide all facts known or discovered during an investigation concerning the issuance and terms of a policy, including copies of documents establishing the issuance and terms of a policy, to the insured claiming coverage under a lost policy.

�� (3) An insurer and an insured must comply with the following minimum standards for facilitating reconstruction of a lost policy and determining the terms of a lost policy as provided in this section:

�� (a) Within 30 business days after receipt by the insurer of notice of a lost policy, the insurer shall commence an investigation into the insurer�s records, including computer records, to determine whether the insurer issued the lost policy. If the insurer determines that it issued the policy, the insurer shall commence an investigation into the terms and conditions relevant to any environmental claim made under the policy.

�� (b) The insurer and the insured shall cooperate with each other in determining the terms of a lost policy. The insurer and the insured:

�� (A) Shall provide to each other the facts known or discovered during an investigation, including the identity of any witnesses with knowledge of facts related to the issuance or existence of a lost policy.

�� (B) Shall provide each other with copies of documents establishing facts related to the lost policy.

�� (C) Are not required to produce material subject to a legal privilege or confidential claims documents provided to the insurer by another policyholder.

�� (c) If the insurer or the insured discovers information tending to show the existence of an insurance policy applicable to the claim, the insurer or the insured shall provide an accurate copy of the terms of the policy or a reconstruction of the policy, upon the request of the insurer or the insured.

�� (d) If the insurer is not able to locate portions of the policy or determine its terms, conditions or exclusions, the insurer shall provide copies of all insurance policy forms issued by the insurer during the applicable policy period that are potentially applicable to the environmental claim. The insurer shall state which of the potentially applicable forms, if any, is most likely to have been issued by the insurer, or the insurer shall state why it is unable to identify the forms after a good faith search.

�� (4) Following the minimum standards established in this section does not create a presumption of coverage for an environmental claim once the lost policy has been reconstructed.

�� (5) Following the minimum standards established in this section does not constitute:

�� (a) An admission by an insurer that a policy was issued or effective; or

�� (b) An affirmation that if the policy was issued, it was necessarily in the form produced, unless so stated by the insurer.

�� (6) If, based on the information discovered in an investigation of a lost policy, the insured can show by a preponderance of the evidence that a general liability insurance policy was issued to the insured by the insurer, then if:

�� (a) The insured cannot produce evidence that tends to show the policy limits applicable to the policy, it shall be assumed that the minimum limits of coverage, including any exclusions to coverage, offered by the insurer during the period in question were purchased by the insured.

�� (b) The insured can produce evidence that tends to show the policy limits applicable to the policy, then the insurer has the burden of proof to show that a different policy limit, including any exclusions to coverage, should apply.

�� (7) An insurer may claim an affirmative defense to a claim that the insurer failed to follow the minimum standards established under this section if the insured fails to cooperate with the insurer in the reconstruction of a lost policy under this section.

�� (8) The Director of the Department of Consumer and Business Services shall enforce this section and any rules adopted by the director to implement this section.

�� (9) Violation by an insurer of any provision of this section or any rule adopted under this section is an:

�� (a) Unfair environmental claims settlement practice under ORS 465.484; and

�� (b) Unfair claim settlement practice under ORS 746.230.

�� (10) As used in this section, �notice of a lost policy� means written notice of the lost policy in sufficient detail to identify the person or entity claiming coverage, including information concerning the name of the alleged policyholder, if known, and material facts concerning the lost policy known to the alleged policyholder. [2003 c.799 �4; 2013 c.350 �3]

�� 465.480 Insurance for environmental claims; rules of construction; duty to pay defense or indemnity costs; contribution; allocation. (1) As used in this section:

�� (a) �Long-tail environmental claim� means an environmental claim covered by multiple general liability insurance policies.

�� (b) �Suit� or �lawsuit� includes but is not limited to formal judicial proceedings, administrative proceedings and actions taken under Oregon or federal law, including actions taken under administrative oversight of the Department of Environmental Quality or the United States Environmental Protection Agency pursuant to written voluntary agreements, consent decrees and consent orders.

�� (c) �Uninsured� means an insured who, for any period of time after January 1, 1971, that is included in an environmental claim, failed to purchase and maintain an occurrence-based general liability insurance policy that would have provided coverage for the environmental claim, provided that such insurance was commercially available at such time. A general liability insurance policy is �commercially available� if the policy can be purchased under the Insurance Code on reasonable commercial terms.

�� (2) Except as provided in subsection (8) of this section, in any action between an insured and an insurer to determine the existence of coverage for the costs of investigating and remediating environmental contamination, whether in response to governmental demand or pursuant to a written voluntary agreement, consent decree or consent order, including the existence of coverage for the costs of defending a suit against the insured for such costs, the following rules of construction shall apply in the interpretation of general liability insurance policies involving environmental claims:

�� (a) Oregon law shall be applied in all cases where the contaminated property to which the action relates is located within the State of Oregon. Nothing in this section shall be interpreted to modify common law rules governing choice of law determinations for sites located outside the State of Oregon.

�� (b) Any action or agreement by the Department of Environmental Quality or the United States Environmental Protection Agency against or with an insured in which the Department of Environmental Quality or the United States Environmental Protection Agency in writing directs, requests or agrees that an insured take action with respect to contamination within the State of Oregon is equivalent to a suit or lawsuit as those terms are used in any general liability insurance policy.

�� (c) Insurance coverage for any reasonable and necessary fees, costs and expenses, including remedial investigations, feasibility study costs and expenses, incurred by the insured pursuant to a written voluntary agreement, consent decree or consent order between the insured and either the Department of Environmental Quality or the United States Environmental Protection Agency, when incurred as a result of a written direction, request or agreement by the Department of Environmental Quality or the United States Environmental Protection Agency to take action with respect to contamination within the State of Oregon, shall not be denied the insured on the ground that such expenses constitute voluntary payments by the insured.

�� (d) A general liability insurance policy that provides that any loss covered under the policy must be reduced by any amounts due to the insured on account of such loss under prior insurance may not be construed to reduce the policy limits available to an insured that has filed a long-tail environmental claim, or to reduce those policies from which an insurer that has paid an environmental claim may seek contribution. Such provisions may be a factor considered in the allocation of contribution claims between insurers under subsection (4) of this section.

�� (e) The release of a hazardous substance into the waters of this state, as defined in ORS

ORS 466.015

466.015 and 466.020.

�� (B) Solid waste as defined in ORS 459.005 or in rules adopted under ORS 459.045.

�� (C) Industrial waste as defined in ORS 468B.005 or in rules adopted under ORS 468B.035.

�� (b) Does not mean:

�� (A) Biosolids, biosolids-derived products, domestic septage and domestic wastewater treatment facility solids regulated under ORS chapters 468 and 468B; or

�� (B) Reclaimed water or treated effluent regulated under ORS 468B.010 and 468B.015 or rules adopted under ORS 468.020. [2001 c.914 �2; 2009 c.97 �1; 2015 c.514 �4]

�� 633.315 Applicability of ORS 633.311 to 633.479 and 633.994. ORS 633.311 to 633.479 and 633.994 apply only to the extent that they are consistent with ORS chapter 634. The provisions of ORS 633.311 to 633.479 and 633.994 do not supersede the provisions of ORS chapter 634. [2001 c.914 �3]

�� 633.318 Licensing of manufacturers and bulk distributors; application; fee; change of location; rules. (1) A manufacturer-bulk distributor license issued by the State Department of Agriculture is required for manufacturers or bulk distributors of registered or custom mixed fertilizer, agricultural amendment, agricultural mineral or lime products. A license is required for any business entity described by either or both of the following conditions:

�� (a) Each out-of-state or in-state business entity that distributes fertilizer, agricultural amendment, agricultural mineral or lime in bulk.

�� (b) Each in-state business entity that manufactures any fertilizer, agricultural amendment, agricultural mineral or lime product in this state.

�� (2) An application for a manufacturer-bulk distributor license must be filed on forms provided by the department and must be accompanied by a nonrefundable license fee to be determined by rule, not to exceed $50 for each business entity per year.

�� (3) An application for a license must include but not be limited to:

�� (a) The name, physical address and mailing address of the business entity main office and primary contact;

�� (b) A list of locations that are in operation for more than 90 days during a license period; and

�� (c) Other information as required by the department to clarify the manufacturer�s or bulk distributor�s activities or location.

�� (4) A manufacturer-bulk distributor license will expire on December 31 of each year or on such date as may be specified by department rule. A late fee of $25 may be assessed by the department on or after the 30th day following the expiration of a license if the license fee has not been paid by the applicant. The late fee shall be added to the required license fee and must be paid by the applicant before the department may issue a license to the applicant.

�� (5) Within 30 days, each license holder shall report any change to the department that results in the addition, removal or change of a location. [2001 c.914 �22; 2007 c.768 �38]

�� 633.320 [Amended by 1955 c.235 �2; 1959 c.78 �1; 1965 c.268 �2; 1977 c.799 �2; repealed by 2001 c.914 �30]

�� 633.321 Label requirements for fertilizer, agricultural amendment, agricultural mineral and lime products; rules. (1) A person may not distribute fertilizer, agricultural amendment, agricultural mineral or lime products in packaged form unless there is a printed label attached or applied to the package. A person may not distribute fertilizer, agricultural amendment, agricultural mineral or lime products in bulk unless a label in the form of a separate document physically accompanies the shipment and is furnished to the user or purchaser when each separate delivery is made, or when the last delivery from the lot is made. The label must include the following:

�� (a) The name under which the product is registered or distributed.

�� (b) The net weight or volume.

�� (c) The name and mailing address of the manufacturer, distributor or registrant.

�� (d) The product grade if primary nutrients are claimed.

�� (e) The product density, in pounds per gallon at 68 degrees Fahrenheit, if the product is distributed as a bulk liquid.

�� (f) A guaranteed analysis. The guaranteed analysis must immediately follow the statement, �GUARANTEED ANALYSIS.� Guarantees must be based on a laboratory method of analysis approved by the State Department of Agriculture. The guaranteed analysis shall be stated on an �as is� basis at the time the fertilizer, agricultural amendment, agricultural mineral or lime product is distributed into or within this state. Primary nutrients, secondary nutrients and micronutrients that are claimed or advertised must be individually guaranteed. A guarantee of a zero percentage may not appear in the guaranteed analysis statement.

�� (g) A derivation statement declaring the sources for all primary nutrients, secondary nutrients and micronutrients guaranteed. The statement must be listed immediately below the guaranteed analysis. Abbreviations, brand names, trademarks and trade names may not appear in the derivation statement, but may appear as part of the product name in an area of the label that is separate from the derivation statement.

�� (h) The identity and amount of ingredients other than primary nutrients, secondary nutrients and micronutrients that are claimed or advertised. The identity and amount must be guaranteed and determinable by laboratory methods approved by the department. The source of those ingredients shall be formatted on the label as one of the following:

�� CONTAINS NON-PLANT

�� FOOD INGREDIENT(S):

�� % Humic Acids (Derived from __)

�� ___% Other Determinable Non-Plant

�� Food Ingredients

�� CONTAINS BENEFICIAL

�� SUBSTANCE(S):

�� Humic Acids (Derived from _) _%

�� Other Determinable Non-Plant

�� Food Ingredients ___%

�� (i) Notwithstanding paragraph (h) of this subsection, if the ingredients described in paragraph (h) of this subsection, other than primary nutrients, secondary nutrients and micronutrients, are present in addition to guaranteed primary nutrients, secondary nutrients or micronutrients, the source of the ingredients shall be formatted on the label as one of the following:

�� ALSO CONTAINS NON-PLANT

�� FOOD INGREDIENT(S):

�� % Humic Acids (Derived from __)

�� ___% Other Determinable Non-Plant

�� Food Ingredients

�� ALSO CONTAINS BENEFICIAL

�� SUBSTANCE(S):

�� Humic Acids (Derived from _) _%

�� Other Determinable Non-Plant

�� Food Ingredients ___%

�� (j) A unique identifier for custom mixed products.

�� (k) An Internet address that leads to a department website that is accessible to the public and contains product-specific information. The department shall adopt rules establishing the date for label compliance and the nature of product information that must be available through the website. The information must be accessible by product name, ingredient or reportable substance and shall include, at a minimum:

�� (A) For any product identified in an application for registration under ORS 633.362 as being waste-derived, the product name and the Standard Industrial Classification code or North American Industry Classification System code of each facility that generated the waste-derived product or any waste-derived ingredient of the product; and

�� (B) The types and levels of metals and other substances for which a statement is required under ORS 633.362 (10) or required by department rule to be stated in the application for registration of a product.

�� (2)(a) Primary nutrients that are claimed or advertised must be guaranteed and formatted on the label as follows:

�� GUARANTEED ANALYSIS:

�� Total Nitrogen (N)�� ___%

�� ___% Ammoniacal Nitrogen

�� ___% Nitrate Nitrogen

�� ___% Urea Nitrogen

�� ___% Other Water Soluble

�� Nitrogen

�� ___% Water Insoluble Nitrogen

�� Available Phosphate (P2O5)�� ___%

�� Soluble Potash (K2O)�� ___%

�� (b) The guarantees for the forms of nitrogen are required and must add up to the total nitrogen guarantee and be shown by indentation. The forms of nitrogen may be listed in an order other than the order listed in this subsection.

�� (c) Phosphorous acid (expressed as H3PO3 or PO3) cannot be claimed as a source of available phosphate.

�� (3) The following secondary nutrients and micronutrients that are claimed or advertised must be guaranteed, be placed on the label in the same order as listed in this subsection and immediately follow the guaranteed analysis for any primary nutrients claimed. The guaranteed analysis of secondary nutrients and micronutrients must be made on the elemental basis. When a chelated, water soluble or other form of plant nutrient is claimed or advertised in addition to the elemental form of the same secondary nutrient or micronutrient, the guaranteed analysis of the chelated, water soluble or other form of plant nutrient may not exceed the total guaranteed analysis of the same secondary nutrient or micronutrient. Zeroes are required before decimal points for amounts that are less than one percent. Except for products identified in subsection (4) of this section, the minimum percentages that may be accepted for registration are as follows:

�� Calcium (Ca)�� 1.0000%

�� Magnesium (Mg)� �� 0.5000%

�� Sulfur (S)� �� 1.0000%

�� Boron (B)� �� 0.0200%

�� Chlorine (Cl)�� 0.1000%

�� Cobalt (Co)�� 0.0005%

�� Copper (Cu)�� 0.0500%

�� Iron (Fe)�� 0.1000%

�� Manganese (Mn)�� 0.0500%

�� Molybdenum (Mo)�� 0.0005%

�� Nickel (Ni)�� 0.0010%

�� Sodium (Na)�� 0.1000%

�� Zinc (Zn)�� 0.0500%

�� (4) The minimum percentages set forth in subsection (3) of this section do not apply to the following as defined by department rule:

�� (a) Guarantees for water soluble nutrients on labels for:

�� (A) Ready to use foliar fertilizers or agricultural minerals;

�� (B) Ready to use specialty liquid fertilizers or agricultural minerals; or

�� (C) Products used for hydroponic or continuous liquid feed programs.

�� (b) Guarantees for soils and horticultural growing mediums.

�� (5) If a fertilizer, agricultural amendment, agricultural mineral or lime product has a boron concentration greater than 0.1 percent or a molybdenum concentration greater than 0.001 percent, the product label must include:

�� (a) A warning or cautionary statement that the product contains boron or molybdenum and is to be used only according to the manufacturer�s recommendations or directions; and

�� (b) A guaranteed analysis of the boron or molybdenum.

�� (6)(a) If a fertilizer, agricultural amendment, agricultural mineral product or lime product is intended to be microbiological inoculum, the label must include:

�� (A) A product expiration date;

�� (B) The number of each viable organism per milliliter for liquid products or per gram for dry products;

�� (C) The identification of each viable organism expressed as genus and species, and, if applicable, strain;

�� (D) Storage conditions; and

�� (E) For products containing organisms known to be human pathogens, a precautionary statement consistent with any department rules establishing statement requirements for the organisms or establishing the text of the statement.

�� (b) If a fertilizer, agricultural amendment or agricultural mineral product is derived from a microbiological process or culture but is not intended to be a microbiological inoculum, the product label must include a statement that the product is not a viable culture.

�� (7) A product ingredient may not be listed, claimed or guaranteed on the label or labeling without prior approval by the department.

�� (8) The label information requirements established in subsections (1)(d) and (f), (2), (3) and (6)(b) of this section do not apply to the label of a custom medium for commercial production if the end user is provided with a statement of formulation that lists all of the materials in the custom medium and the amount of each material. [2001 c.914 �4; 2009 c.97 �2; 2015 c.514 �5; 2025 c.92 �1]

�� 633.330 [Amended by 1955 c.235 �3; 1965 c.268 �3; repealed by 2001 c.914 �30]

�� 633.331 Additional label requirements for lime products. In addition to the label requirements under ORS 633.321, the label for a lime product must include the following:

�� (1) The name of the particular form of lime. Forms of lime may include, but are not limited to, burnt lime, dolomite, ground limestone, lime sludge, shells, sugar lime and waste lime.

�� (2) The guaranteed analysis, stating the following:

�� (a) The percentage of calcium oxide (CaO) or calcium carbonate (CaCO3).

�� (b) The percentage of magnesium oxide (MgO) or magnesium carbonate (MgCO3).

�� (c) The total neutralizing capacity expressed in terms of calcium carbonate equivalent (CCE).

�� (d) The percentage of product that will pass, respectively, a 100-mesh, 40-mesh, 20-mesh and 10-mesh sieve. The mesh size declaration may include a declaration of the percentage of product that will pass additional mesh sizes, but the mesh sizes specified in this paragraph must be included in the mesh size declaration.

�� (e) The lime score.

�� (f) The maximum moisture content if the moisture content is more than two percent, expressed in whole numbers as follows: �Moisture content does not exceed _____ percent.� [2001 c.914 �5; 2009 c.97 �3; 2015 c.514 �6]

�� 633.335 [1977 c.799 �18; repealed by 2001 c.914 �30]

�� 633.336 Additional label requirements for agricultural amendment. In addition to the label requirements under ORS 633.321, the label for an agricultural amendment must include the following:

�� (1) A guaranteed analysis that contains the name and percentage of each substance intended to induce crop yields or plant growth or to produce any physical, microbial or chemical change in the soil, listed consecutively, followed by the percentage of inert ingredients.

�� (2) The purpose of the product.

�� (3) Directions for application. [2001 c.914 �6; 2009 c.97 �4]

�� 633.340 [Amended by 1955 c.235 �4; 1965 c.268 �4; 1997 c.249 �191; repealed by 2001 c.914 �30]

�� 633.341 Additional label requirements for agricultural mineral. In addition to the label requirements under ORS 633.321, the label for an agricultural mineral must include the following:

�� (1) The percentage of calcium sulfate, expressed as CaSO4�2H2O or CaSO4, if the product is gypsum or plaster or is an agricultural mineral in which calcium sulfate is the principal ingredient.

�� (2) The percentage of all ingredients contained in the product, in terms prescribed by the State Department of Agriculture, for all other agricultural minerals or mixtures of agricultural minerals with a principal ingredient other than calcium sulfate. [2001 c.914 �7; 2009 c.97 �5; 2015 c.514 �7]

�� 633.343 [1965 c.268 �6; repealed by 2001 c.914 �30]

�� 633.344 Label guarantees of additional plant nutrients. In addition to the guarantees of plant nutrients required by ORS 633.321, label guarantees of other plant nutrients may be made from a list approved by the State Department of Agriculture. [2001 c.914 �8]

�� 633.345 [1965 c.268 �5; repealed by 2001 c.914 �30]

�� 633.350 [Amended by 1965 c.268 �9; repealed by 2001 c.914 �30]

�� 633.351 [2001 c.914 �9; 2009 c.97 �6; repealed by 2015 c.514 �12]

�� 633.360 [Repealed by 1955 c.235 �13]

�� 633.361 [1955 c.235 �12; 1965 c.268 �10; 1977 c.799 �3; repealed by 2001 c.914 �30]

�� 633.362 Registration of fertilizer, agricultural amendment, agricultural mineral and lime products; application; fee; expiration; product contents; rules. (1) Each separately identifiable fertilizer, agricultural amendment, agricultural mineral or lime product, whether in package or in bulk, must be registered with the State Department of Agriculture. A person may not distribute a fertilizer, agricultural amendment, agricultural mineral or lime product in this state unless the fertilizer, agricultural amendment, agricultural mineral or lime product is registered with the department.

�� (2) The application for registration must be made on a form or forms provided by the department. The application for registration must include the following information:

�� (a) Product name and grade;

�� (b) Product label;

�� (c) Name and physical address of the registrant;

�� (d) Mailing address of the registrant;

�� (e) Product laboratory analysis;

�� (f) Supplier or suppliers of ingredients;

�� (g) Identification of the industry, industry process or industry processes and location of the facility that generated any waste-derived ingredient or ingredients; and

�� (h) Other information required by the department by rule.

�� (3) The application for registration shall be accompanied by a nonrefundable registration fee established by department rule, not to exceed $50 annually for each fertilizer, agricultural amendment, agricultural mineral or lime product. In addition, for a waste-derived product, the department shall charge an annual product evaluation fee. For a fertilizer, agricultural amendment, agricultural mineral or lime product, the department may charge a product evaluation fee if supplementary research and evaluation by the department is required in order to determine product compliance with ORS 633.311 to 633.479. The department shall establish product evaluation fees by rule, not to exceed $500. The department shall review the registration application form and product label for compliance with ORS 633.311 to 633.479. If the department finds that the application information and product label comply with ORS 633.311 to 633.479, the department shall issue a certificate of registration to the registrant.

�� (4) Certificates of registration shall expire on December 31 of each year, except that the department may grant a certificate of registration for two years. Certificates of registration for two years shall expire on December 31 of the last year in the two-year period.

�� (5) The department may assess a $50 late registration fee for a product if the registrant has not paid the registration fee prior to the 30th day following the expiration of the certificate of registration. A late registration fee assessed by the department under this subsection shall be added to the registration fee required under subsection (3) of this section and must be paid by the registrant before the department may issue a certificate of registration.

�� (6) The department may require proof of label or labeling statements or claims of the efficacy and usefulness of an ingredient prior to issuing a certificate of registration or at any time deemed necessary by the department. As proof, the department may request data from the registrant to support the label or labeling claims. The department may also rely on other experimental data, data from agricultural experiment stations, product review evaluations and advice from other authoritative sources. The data must be from recognized, statistically designed and analyzed trials conducted by recognized experts in the field. All supporting data shall be representative of the soil, crops and climatic conditions found in the northwestern United States.

�� (7) In evaluating a label or labeling statement, claim or guarantee, the department may require the submission of a written statement describing the methodology of the laboratory analysis used, the source of the ingredient material and any reference material relied on to support the label or labeling statement, claim or guarantee. Laboratory analyses submitted in support of an application for registration must comply with laboratory methods of analysis approved by the department.

�� (8) Each registrant shall notify the department of any change that results in a laboratory analysis that differs from the laboratory analysis submitted in support of the related application for registration or any change in sources of product ingredients declared on the application form. The registrant must notify the department within 30 days following the change.

�� (9) The registrant shall identify as �waste-derived� in the application for registration any fertilizer, agricultural amendment, agricultural mineral or lime product that is waste-derived and distributed as a single ingredient product or blended with other fertilizer, agricultural amendment, agricultural mineral or lime products. The application for registration must identify the industry, the industry process or processes and the location of the facility that generated the waste and all ingredients of concern as identified by the department by rule.

�� (10) The initial application for registration of a fertilizer, agricultural amendment, agricultural mineral or lime product must include a statement of the levels of metals in the product, including but not limited to arsenic (As), cadmium (Cd), mercury (Hg), lead (Pb), nickel (Ni) or other metals or substances identified by the department by rule. The registrant must provide a laboratory analysis report, in accordance with acceptable methods required by the department, to verify the levels of metals or other substances in the product. Subsequent to initial product registration, the registrant shall provide a laboratory analysis report for the product to the department upon request. An initial or subsequent laboratory analysis must have been conducted no more than 18 months prior to submission of that analysis to the department.

�� (11) The department shall establish by rule the level of metals or other substances permitted in fertilizer, agricultural amendment, agricultural mineral and lime products registered with the department, including but not limited to the permitted levels of arsenic (As), cadmium (Cd), mercury (Hg), lead (Pb), nickel (Ni) or other metals or substances identified by the department by rule for the purpose of protecting humans, animals, water, aquatic life, soil or beneficial plant life. The department shall review the permitted level of metals or other substances in fertilizer, agricultural amendment, agricultural mineral and lime products a minimum of once every five years.

�� (12) Notwithstanding subsection (1) of this section, a custom mix is not required to be registered if all of the fertilizer, agricultural amendment, agricultural mineral or lime products contained in the final product are registered in accordance with this section.

�� (13) The department may refuse to register any fertilizer, agricultural amendment, agricultural mineral or lime product if distribution of the product would violate a provision of ORS 633.311 to 633.479. The registration of each product is a distinct and separate registration. The refusal of the department to register or reregister any product does not affect the registration of any other product by the same person. [2001 c.914 �10; 2009 c.97 �7; 2015 c.514 �8]

�� 633.364 Confidentiality of certain information supplied in application for registration; permissible use of information. (1) Information required under ORS 633.362 (2)(f) and (g) and (6) is exempt from disclosure under ORS 192.311 to 192.478. The State Department of Agriculture may not divulge any information provided to the department in accordance with ORS 633.362 (2)(f) and (g) and (6).

�� (2) Notwithstanding subsection (1) of this section, the department may use the information required under ORS 633.311 to 633.479 for any administrative or enforcement action the department deems necessary. In addition, the department may:

�� (a) Accumulate and publish statistics from semiannual tonnage reports required by ORS 633.462 in a manner that does not divulge the business operations of the person submitting a report;

�� (b) Consult with the Department of Environmental Quality or other state or federal agencies in regard to information provided under ORS 633.362 (2)(f) and (g) to ensure compliance with applicable regulations; and

�� (c) Disclose data required under ORS 633.362 (6) to experts for the purpose of evaluating product data submitted in support of registration. [2001 c.914 �23; 2009 c.97 �8; 2015 c.514 �9]

�� 633.366 Prohibitions; mislabeled products; adulterated products. (1) A person may not:

�� (a) Distribute mislabeled products;

�� (b) Register or attempt to register any product using fraudulent or deceptive practices to evade or attempt to evade the requirements of ORS 633.311 to 633.479 or rules adopted under ORS 633.311 to 633.479;

�� (c) Distribute adulterated products;

�� (d) Fail, refuse or neglect to deliver to a user or purchaser of a bulk fertilizer, agricultural amendment, agricultural mineral or lime product a printed label that complies with ORS 633.321 to 633.341;

�� (e) Distribute a fertilizer, agricultural amendment, agricultural mineral or lime product that is not registered with the State Department of Agriculture under ORS 633.362;

�� (f) Fail, refuse or neglect to keep or maintain records as required under ORS 633.462 and

ORS 468.447

468.447. [2017 c.750 �152; 2021 c.95 �6; 2024 c.82 �11]

�� 468.450 [Formerly 449.840; repealed by 1991 c.920 �24]

�� 468.451 [Formerly 468.925; repealed by 2011 c.83 �24]

�� 468.453 [1977 c.650 �3; 1979 c.181 �1; renumbered 468A.550 in 1991]

�� 468.455 [Formerly 449.930; 1975 c.559 �4; 1977 c.650 �4; 1979 c.181 �2; repealed by 1991 c.920 �24]

�� 468.456 [Formerly 468.930; repealed by 2011 c.83 �24]

�� 468.458 [1975 c.559 �2; repealed by 1991 c.920 �24]

�� 468.460 [Formerly 449.933; 1975 c.559 �5; 1977 c.650 �5; 1979 c.181 �3; 1991 c.920 �19; renumbered 468A.595 in 1991]

�� 468.461 [Formerly 468.935; 1995 c.746 �8; repealed by 2011 c.83 �24]

(Zero-Emission Medium- and Heavy-Duty Vehicle Rebates)

�� 468.463 Zero-emission medium- and heavy-duty vehicle rebate program; rules. (1) As used in this section, �qualifying vehicle� means a motor vehicle, as defined in ORS 801.360, or a combination of vehicles operated as a unit, that:

�� (a) Has a gross vehicle weight rating of 8,501 pounds or greater;

�� (b) Has a drivetrain that produces zero exhaust emissions of any criteria pollutant or greenhouse gas; and

�� (c) Meets other criteria established by the Environmental Quality Commission by rule.

�� (2) The Department of Environmental Quality shall establish a program for providing rebates to persons that purchase or lease qualifying vehicles for use in this state. The Director of the Department of Environmental Quality may hire or contract with a third-party nonprofit organization to implement and serve as the administrator of the program required by this section.

�� (3) The department may:

�� (a) Specify design features for the program; and

�� (b) Establish procedures to:

�� (A) Prioritize available moneys for specific qualifying vehicles;

�� (B) Limit the number of rebates available for each type of qualifying vehicle; and

�� (C) Limit the number of rebates available per applicant.

�� (4) The purchaser or lessee of a qualifying vehicle may apply for a rebate or may choose to assign the rebate to a vehicle dealer.

�� (5) Rebates under the program shall be made from moneys credited to or deposited in the Zero-Emission Medium- and Heavy-Duty Vehicle Incentive Fund established under ORS 468.469.

�� (6)(a) The department shall prescribe the rebate application procedure for purchasers and lessees.

�� (b) The department may establish a dealer application or individual application procedure.

�� (c) All rebate applications must include a declaration under penalty of perjury in the form required by ORCP 1 E.

�� (7)(a) Rebates for qualifying vehicles shall be set annually at amounts determined by the Environmental Quality Commission by rule.

�� (b) The commission may establish separate rebate amounts for different classes of vehicles.

�� (c) The commission may establish an additional rebate for the purchase or lease of qualifying vehicles that will be registered to an address, or frequently operated, in an area of this state that is disproportionately burdened by air pollution as determined by the commission.

�� (8) To be eligible for a rebate, a person requesting a rebate under the program shall:

�� (a) Purchase or lease a qualifying vehicle. A lease must have a minimum term of 36 months.

�� (b) Provide proof of an intent to operate the qualifying vehicle primarily in this state, which must be satisfied by providing proof of registration of the qualifying vehicle in Oregon, which may include proof of proportional registration under ORS 826.009 or 826.011 issued by the Department of Transportation.

�� (c) Submit an application for a rebate to the administrator of the program within three months after the date of purchase of the qualifying vehicle or three months after the date the lease of the qualifying vehicle begins.

�� (d) Retain registration of the qualifying vehicle for a minimum of 36 consecutive months after the date of purchase or the date the lease begins.

�� (9)(a) More than 50 percent of the operation of the qualifying vehicle must occur in Oregon.

�� (b) In each of the three years following receipt of a rebate, a rebate recipient shall:

�� (A) Maintain records of the miles driven or hours of use for the qualifying vehicle and whether the miles driven or hours used occurred in Oregon; and

�� (B) Provide an annual report to the department to demonstrate that more than 50 percent of the miles driven or hours of use of the qualifying vehicle occurred in Oregon.

�� (10) A rebate recipient may not make or allow any modifications to the qualifying vehicle�s emissions control systems, hardware or software calibrations.

�� (11)(a) If a rebate recipient sells the qualifying vehicle or terminates the qualifying vehicle lease before the end of 36 months, the rebate recipient shall:

�� (A) Notify the administrator of the program of the sale; and

�� (B) Reimburse the administrator for the rebate in a prorated amount based on the number of months that the rebate recipient owned or leased the qualifying vehicle.

�� (b) The administrator may waive the reimbursement requirement under paragraph (a) of this subsection if the administrator determines that a waiver is appropriate given unforeseeable or unavoidable circumstances that gave rise to a need for the rebate recipient to sell the qualifying vehicle or terminate the qualifying vehicle lease before the end of 36 months.

�� (12) Rebate recipients are required to participate in ongoing research efforts, if requested to do so by the administrator.

�� (13) The administrator of the program shall work to ensure timely payment of rebates with a goal of paying rebates within 90 days after receiving an application for a rebate.

�� (14) A vehicle dealer may advertise the program on the premises owned or operated by the vehicle dealer. If no moneys are available from the program or the program otherwise changes, a vehicle dealer who advertises the program may not be held liable for advertising false or misleading information.

�� (15) The department may perform activities necessary to ensure that recipients of rebates under this section comply with applicable requirements. If the department determines that a recipient has not complied with applicable requirements, the department may order the recipient to refund all rebate moneys and may impose penalties pursuant to ORS 468.140.

�� (16) The commission may adopt any rules necessary to carry out the provisions of this section. [2023 c.442 �33; 2025 c.2 �26]

�� 468.465 [Formerly 449.935; 1975 c.559 �6; repealed by 1991 c.920 �24]

�� 468.466 [Formerly 468.940; repealed by 2011 c.83 �24]

�� 468.469 Zero-Emission Medium- and Heavy-Duty Vehicle Incentive Fund; rules. (1) The Zero-Emission Medium- and Heavy-Duty Vehicle Incentive Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Zero-Emission Medium- and Heavy-Duty Vehicle Incentive Fund shall be credited to the fund.

�� (2) Moneys in the Zero-Emission Medium- and Heavy-Duty Vehicle Incentive Fund shall consist of:

�� (a) Amounts donated to the fund;

�� (b) Amounts appropriated or otherwise transferred to the fund by the Legislative Assembly;

�� (c) Other amounts deposited in the fund from any public or private source; and

�� (d) Interest earned by the fund.

�� (3) Moneys in the Zero-Emission Medium- and Heavy-Duty Vehicle Incentive Fund are continuously appropriated to the Department of Environmental Quality to be used to carry out the provisions of ORS 468.463.

�� (4) No more than 15 percent of the moneys deposited in the Zero-Emission Medium- and Heavy-Duty Vehicle Incentive Fund per biennium may be expended to pay administrative expenses incurred in the administration of ORS 468.463 by:

�� (a) The department; or

�� (b) Any third-party organization that the department hires or contracts with under ORS

ORS 468A.350

468A.350, in a manner that decreases its efficiency or effectiveness in the control of air pollution.

�� (c) Modifies or alters an installed, approved retrofit technology for which proof of certification has been issued under ORS 468A.810 in a manner that decreases its efficiency or effectiveness in the control of air pollution.

�� (2) The following exemptions to this section are established:

�� (a) This section does not apply when factory-installed motor vehicle air pollution control equipment, systems or devices are disconnected for the purpose of conversion to gaseous fuels including, but not limited to, liquefied petroleum gases and natural gases in liquefied or gaseous form.

�� (b) This section is not intended to prohibit the use of replacement, conversion, turbocharger or other alternative components in a certified or factory-installed system if the components do not significantly affect the efficiency or effectiveness of the system in controlling air pollution.

�� (3) The offense described in this section, unlawful disconnection or alteration of pollution control equipment, is a Class A misdemeanor, but each day of violation does not constitute a separate offense. [1983 c.338 �506; 2019 c.645 �10]

�� 815.310 Proof of compliance with requirements. When proof of compliance with pollution control equipment requirements is required under ORS 803.350, 803.465 and 815.295 the following apply:

�� (1) The proof may be provided by any means that the Department of Transportation and the Environmental Quality Commission determine by joint rulemaking or by interagency agreement to be satisfactory.

�� (2) Except as otherwise provided in this section, when a certificate of compliance is used as proof, the certificate must comply with all the following:

�� (a) It must be signed by a person licensed and qualified under ORS 468A.380.

�� (b) It must be dated not more than 180 days prior to the motor vehicle registration or renewal of registration.

�� (c) It must be on a form supplied by the Department of Environmental Quality and must include such information as the department may require.

�� (3) In order for registration to continue to be valid for a motor vehicle that is registered as a government-owned vehicle under ORS 805.040, a police undercover vehicle under ORS 805.060 or a state-owned vehicle with regular registration plates under ORS

ORS 468A.365

468A.365.

�� (2) The offense described in this section, making unlawful sales, installations or representations concerning vehicle pollution control systems, is a Class A misdemeanor but each day of violation does not constitute a separate offense. [1983 c.338 �456; 1985 c.16 �239; 2019 c.645 �9]

�� 815.097 Providing vehicle with mercury light switch. A person commits the offense of providing a vehicle with a mercury light switch if the person sells or offers for sale in this state a vehicle manufactured after January 1, 2006, that contains a mercury light switch mounted on the hood or trunk. [2001 c.924 �7]

OPERATING WITH UNLAWFUL EQUIPMENT

�� 815.100 Operation of vehicle that violates equipment rules; penalty. (1) A person commits the offense of operation of a vehicle that violates state equipment administrative rules if the person drives or moves on any highway or owns and causes or knowingly permits to be driven or moved on any highway a vehicle if the vehicle or any equipment on the vehicle:

�� (a) Does not conform to standards established by the Department of Transportation by rule under ORS 815.030; and

�� (b) Does not bear thereon proof of certification that it complies with the applicable standards.

�� (2) Proof of certification required under this section may be made in any manner provided under ORS 815.030.

�� (3) This section is subject to the exemptions from this section established under ORS 815.105.

�� (4) Vehicle equipment standards established by rule under ORS 815.030 supersede any other equipment standards under the vehicle code when so provided by ORS 815.030.

�� (5) The offense described under this section, operation of vehicle that violates state equipment administrative rules, is a Class C traffic violation. [1983 c.338 �466; 1985 c.16 �244; 1985 c.393 �16]

�� 815.105 Exemptions from equipment requirements. This section establishes exemptions from ORS 815.030 and 815.100. Exemptions under this section are in addition to any exemptions under ORS 801.026. Exemptions under this section are partial or complete as described in the following:

�� (1) Vehicles of special interest that are registered under ORS 805.020 are deemed to comply with ORS 815.030 and 815.100 if:

�� (a) The vehicles are equipped with original manufacturer�s equipment and accessories, or their equivalent, and are maintained in safe operating condition; or

�� (b) The vehicles are street rods that conform to ORS 815.107.

�� (2) Road machinery, road rollers, implements of husbandry, farm trailers and farm tractors are exempt from ORS 815.030 and 815.100.

�� (3) Antique vehicles are exempt from ORS 815.030 and 815.100 if the vehicles are maintained as collectors� items and used for exhibitions, parades, club activities and similar uses, but not used primarily for the transportation of persons or property.

�� (4) Motorized wheelchairs are exempt from ORS 815.030 and 815.100 when used as permitted under ORS 811.440.

�� (5) Racing activity vehicles are exempt from ORS 815.030 and 815.100. [1983 c.338 �467; 1985 c.16 �245; 1989 c.402 �7; 1991 c.417 �5; 1997 c.402 �7; 2007 c.693 �10]

�� 815.107 Exemption from equipment requirements for street rods. A vehicle of special interest that is a street rod is exempt from vehicle equipment requirements under ORS

ORS 470.230

470.230; and

�� (e) Costs of issuing revenue bonds and obtaining credit enhancement for those revenue bonds.

�� (2) The Energy Revenue Bond Repayment Fund shall consist of moneys transferred to the fund from the Energy Project Bond Loan Fund and Energy Project Supplemental Fund by the State Treasurer as provided in ORS 470.610 (2). [2009 c.753 �18; 2011 c.467 �13]

(Financial Managers)

�� 470.590 Proposals; selection. The State Department of Energy may request proposals for and select one or more financial managers for the energy efficiency and sustainable technology loan program. The function of a financial manager is:

�� (1) To assist in energy efficiency and sustainable technology loan program development;

�� (2) To cooperate with federal and state agencies and public and private entities for the purpose of securing federal funding, public and private investments of capital and gifts, grants and donations for the purpose of financing small scale local energy projects; and

�� (3) To provide a platform for the blending of private and public capital from various sources including, but not limited to, small scale local energy project financing, moneys from the Energy Project Bond Loan Fund, the Jobs, Energy and Schools Fund and the Energy Project Supplemental Fund, private activity bonds and grant moneys. [2009 c.753 �19; 2011 c.467 �14]

�� 470.595 Investment with financial manager; rate of return. Private utilities and other private entities may invest capital with an energy efficiency and sustainable technology loan program financial manager for use in carrying out the loan program. The Public Utility Commission may establish a reasonable rate of return that a financial manager may pay to a utility investing capital under this section. In establishing the rate of return, the commission shall consider the risk to the utility in providing the investment capital. [2009 c.753 �20]

(Supplemental Capital Funds)

�� 470.600 State Department of Energy may enter agreements to disburse supplemental capital funds; conditions. To achieve the energy efficiency and sustainable technology loan program goals described in ORS 470.500, the Director of the State Department of Energy may enter into agreements to disburse supplemental capital funds through the Small Scale Local Energy Project Loan Fund and the Energy Project Supplemental Fund if:

�� (1) The director estimates that interest rates and total costs to program applicants that would result from the use of the supplemental capital funds are lower than would result from the use of bond proceeds; and

�� (2) The supplemental capital funds are made subject to any requirements adopted by the director by rule to ensure adequate protection of project moneys. [2009 c.753 �21]

(Local Governments)

�� 470.605 Local governments may direct moneys to certain funds to finance loans; accounting of moneys. (1) Subject to the approval of the Director of the State Department of Energy, a local government, public utility or other legally organized entity may direct moneys to the Energy Project Supplemental Fund or Jobs, Energy and Schools Fund for use within a limited geographic area of this state as a source of capital for financing energy efficiency and sustainable technology loans, small scale local energy program loans or loan offset grants.

�� (2) Any moneys deposited under this section shall be separately accounted for and shall be managed consistently with small scale local energy project goals and any agreement between the State Department of Energy and the entity providing the moneys. The moneys may be disbursed only for use as designated by, and in the geographic area designated by, the entity providing the moneys. [2009 c.753 �25; 2011 c.467 �15]

(Bonds)

�� 470.610 Issuance of bonds; written declarations of State Department of Energy. (1) The State Treasurer, at the request of the Director of the State Department of Energy, from time to time may issue and sell revenue bonds in the name of and on behalf of the State of Oregon in compliance with the applicable provisions of ORS chapter 286A in the principal amount necessary to carry out the purposes of ORS 470.500 to 470.710, or for paying or refunding any revenue bonds previously issued on behalf of the State Department of Energy for those purposes. At least once every six months, the director shall estimate the anticipated demand for loans under the energy efficiency and sustainable technology loan program, and shall make a written declaration of this amount to the State Treasurer.

�� (2) All bonds shall be special revenue obligations of the State of Oregon, and, unless paid from the proceeds of other bonds, shall be payable as to principal, redemption premium, if any, and interest, through the Energy Revenue Bond Repayment Fund solely from the revenues, moneys and other assets of the Energy Project Bond Loan Fund and the Energy Project Supplemental Fund that may be pledged for that payment. The Director of the State Department of Energy shall determine for each fiscal quarter the amount that will fall due during that fiscal quarter for bonds issued under this section, other amounts described in ORS 470.585 and any expected significant changes in bond obligations for upcoming fiscal quarters and the amount necessary to adequately fund reserves. The director shall request that the State Treasurer make transfers from the Energy Project Bond Loan Fund and Energy Project Supplemental Fund to the Energy Revenue Bond Repayment Fund as the director believes prudent to ensure the continuing payment of maturing obligations and the funding of reserves.

�� (3) Prior to an issuance of revenue bonds under this section, the director shall prepare and sign a written declaration setting forth the amount of the bonds to be issued and the terms and conditions for issuance. If the State Treasurer approves the declaration, the State Treasurer shall certify the approval on the declaration. The approved declaration shall be known as an �energy revenue bond declaration.� Each bond declaration shall be deemed to be and shall constitute conclusive proof of the authorization to issue the bonds described in the bond declaration and may contain further pledges and covenants as determined by the director or the State Treasurer. [2009 c.753 �22; 2010 c.92 �5]

�� 470.615 Payment of bonds. (1) Revenue bonds issued under ORS 470.610 do not constitute a debt, liability or general obligation of this state or any political subdivision of this state or a pledge of the faith and credit of this state or any political subdivision of this state, but shall be payable solely from the revenues, moneys and other assets of the Energy Project Bond Loan Fund and the Energy Project Supplemental Fund that are pledged to the repayment in the energy revenue bond declaration.

�� (2) Each revenue bond issued under ORS 470.610 shall contain on the face of the bond a statement that the department is not obligated to pay the bond or the interest on the bond except from the revenues or assets pledged for those payments and that neither the faith and credit nor the taxing power of this state or any political subdivision of this state is pledged to the payment of the principal of or the interest on the bond.

�� (3) A utility or sustainable energy project manager is not liable for the payment of the principal of or the interest on any bond issued under this section. [2009 c.753 �23]

�� 470.620 Bond pledges; trustees. The bonds issued by the State Treasurer under ORS 470.610 and the energy revenue bond declaration may:

�� (1) Pledge all or any part of the fees received by the State Department of Energy under ORS

ORS 471.023

471.023. [2005 c.734 �2]

�� Note: 455.068 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.070 Report of suspected code violation; rules; form; appeal. (1) Any person may report a suspected violation of the state building code that poses an imminent threat to public health or safety to the local building official or, where the code is state-administered, to the Department of Consumer and Business Services. The complaint shall be in writing and submitted under rules adopted by the department. The rules of the department shall provide for the disposition of frivolous or harassing complaints by requiring detailed descriptions of the alleged violation and reference to the code sections allegedly violated.

�� (2) The municipality or the department shall give notice of the complaint to the contractor, building owner and subcontractor, if any, involved in the project alleged to be in violation. The municipality or the department may charge the complainant for the necessary costs of supplying, copying and distributing the complaint form.

�� (3) If, after five working days, no remedial action has taken place, the complainant has standing to appeal the matter to the appeals board of the municipality, where one is established, or directly to the appropriate advisory board where there is no local appeals board. The municipal appeals board or state advisory board shall reach a final decision within 14 days of the complainant�s appeal. A municipal appeals board decision shall then be subject to appeal to a state advisory board under ORS 455.690, provided that the state advisory board shall reach a final determination within 14 days of notice of an appeal. A record of the written complaint and the findings of the appeals and advisory boards may be introduced into evidence in any judicial proceeding for damages brought against the complainant by any person suffering damages as a result of the complaint. [Formerly 456.842; 1993 c.744 �87; 2013 c.324 �6]

�� 455.080 Inspector may require proof of compliance. Notwithstanding ORS 455.630 (2), any inspector, including a specialty code inspector licensed under ORS 455.457, authorized by ORS 455.150 or 455.153 to determine compliance with the requirements of the state building code or any specialty code under this chapter may, in accordance with a compliance program as described in ORS 455.153 (2), require any person who is engaged in any activity regulated by the state building code to demonstrate proof of compliance with the applicable licensing, registration or certification requirements of ORS chapters 446, 447, 455, 460, 479, 480, 693 and 701. [Formerly

ORS 471.537

471.537. [2023 c.539 �6; 2024 c.40 �16]

�� 471.535 [Repealed by 1983 c.350 �331a]

�� 471.537 Criminal and civil penalties. (1) It is a Class A misdemeanor for a person that is not a third-party delivery facilitator that holds a permit issued under ORS 471.534 to engage in any activity for which a permit is required unless the person is a licensee, permittee or agent appointed by the Oregon Liquor and Cannabis Commission, or is an employee or agent of a licensee, permittee or agent acting on behalf of the licensee, permittee or agent, and the activity is allowed by the privileges of the license, permit or appointment.

�� (2)(a) The commission may assess a civil penalty against a third-party delivery facilitator for a violation of this chapter or rules adopted by the commission under this chapter if the violation is committed by the third-party delivery facilitator or a delivery person acting on behalf of the third-party delivery facilitator.

�� (b) The civil penalty assessed under paragraph (a) of this subsection must be at least $500 per violation and may not be more than $4,000 per violation.

�� (c) ORS 471.990 does not apply to a violation for which a civil penalty may be issued under this subsection. [2023 c.539 �7]

�� 471.540 [Amended by 1983 c.83 �93; repealed by 1983 c.350 �331a]

ALCOHOL EDUCATION PROGRAM

�� 471.541 Alcohol Education Program. The Oregon Liquor and Cannabis Commission shall establish an Alcohol Education Program. The Alcohol Education Program shall consist of all the duties of the commission in administering clerk training courses under ORS 471.341 and alcohol server education courses under ORS 471.542. [2001 c.785 �14; 2021 c.351 �114]

�� 471.542 Alcohol server education course and examination; fees; rules. (1) The Oregon Liquor and Cannabis Commission shall require an individual applying for issuance or renewal of a service permit or temporary service permit issued under ORS 471.375 to complete an approved alcohol server education course and examination as a condition of the issuance or renewal of the permit.

�� (2) The commission shall by rule establish requirements for requalification for a service permit. A permittee shall provide proof to the commission that the permittee has met the requirements established under this subsection once every five years after the permittee completes the initial alcohol server education course and examination. The requirements must include a requirement to retake the alcohol server education course and pass the examination.

�� (3) The commission may extend the time period described in subsection (2) of this section upon a showing of hardship.

�� (4) The standards and curriculum of alcohol server education courses must include, but are not limited to, the following:

�� (a) Alcohol as a drug and its effects on the body and behavior, especially driving ability.

�� (b) Effects of alcohol in combination with commonly used legal, prescription or nonprescription, drugs and illegal drugs.

�� (c) Recognizing the problem drinker and community treatment programs and agencies.

�� (d) State alcohol beverage laws such as prohibition of sale to minors and sale to intoxicated persons, sale for on-premises or off-premises consumption, hours of operation and penalties for violation of the laws.

�� (e) Drunk driving laws and liquor liability statutes.

�� (f) Intervention with the problem customer, including ways to cut off service, ways to deal with the belligerent customer and alternative means of transportation to get the customer safely home.

�� (g) Advertising and marketing for safe and responsible drinking patterns and standard operating procedures for dealing with customers.

�� (5) The commission shall adopt rules to impose reasonable fees for administrative costs on alcohol server education course instructors and providers.

�� (6) The commission shall provide alcohol server education courses and examinations through independent contractors, private persons or private or public schools certified by the commission. The commission shall adopt rules governing the manner in which alcohol server education courses and examinations are made available to individuals required to take the courses and examinations. In adopting rules under this subsection, the commission shall consider alternative means of providing courses, including but not limited to providing courses through audiotapes, videotapes, the Internet and other electronic media. [1985 c.658 ��2,3; 1987 c.851 �3; 1989 c.120 �6; 1989 c.178 �7; 1989 c.271 �1; 1997 c.803 �7; 1999 c.351 �36; 1999 c.1062 �8; 2001 c.785 �16; 2009 c.350 �4; 2011 c.9 �65; 2019 c.676 �2; 2021 c.351 �115; 2024 c.40 �15]

�� 471.545 [Repealed by 1983 c.350 �331a]

�� 471.547 Alcohol Server Education Advisory Committee; members; purpose. (1) The Oregon Liquor and Cannabis Commission shall establish an Alcohol Server Education Advisory Committee. The advisory committee shall consist of the following members:

�� (a) One person who represents the commission.

�� (b) One person who represents the Oregon State Police.

�� (c) One person who represents the Oregon District Attorneys Association.

�� (d) One person who represents the Oregon Health Authority.

�� (e) One person who represents the Department of Transportation.

�� (f) One person who represents a nonprofit organization the purpose of which is to reduce the incidence of drunk driving.

�� (g) One person who has general expertise in education.

�� (h) One person who has expertise in health education.

�� (i) One person who represents classroom alcohol server education providers.

�� (j) One person who represents online alcohol server education providers.

�� (k) At least one person who is a service permittee under ORS 471.360.

�� (L) Not more than two persons who represent insurance companies.

�� (m) Not more than three persons who represent retail licensees.

�� (2) The purpose of the advisory committee is to assist in the development of:

�� (a) The standards, curriculum and materials for the alcohol server education courses required under ORS 471.542;

�� (b) The examination required by ORS 471.542, and procedures for administering that examination;

�� (c) The certification procedures, enforcement policies and penalties for alcohol server education course instructors and providers; and

�� (d) The time requirements for completion of an alcohol server education course and examination and the conditions for probationary extension. [1985 c.658 �1; 1987 c.679 �1; 1991 c.67 �143; 1991 c.453 �3; 2001 c.785 �17; 2009 c.595 �961; 2013 c.58 �1; 2021 c.351 �116]

�� 471.549 Civil penalty. In addition to such other sanctions as may be authorized by law, the Oregon Liquor and Cannabis Commission may impose a civil penalty not to exceed $1,000 against any alcohol server education course instructor or provider who violates a rule promulgated by the commission pursuant to ORS 471.542. The civil penalty may be in addition to or in lieu of any suspension, revocation or cancellation of the certification of an alcohol server education course instructor or provider. [1991 c.61 �4; 2001 c.785 �18; 2021 c.351 �117]

�� 471.550 [Repealed by 1983 c.350 �331a]

WARNING SIGNS RELATED TO ALCOHOL AND PREGNANCY

�� 471.551 Warning signs required; contents; size; display. (1) Any person in possession of a valid retail liquor license, who sells liquor by the drink for consumption on the premises or sells for consumption off the premises, shall post a sign informing the public of the effects of alcohol consumption during pregnancy.

�� (2) The sign shall:

�� (a) Contain the message: �Pregnancy and alcohol do not mix. Drinking alcoholic beverages, including wine, coolers and beer, during pregnancy can cause birth defects.�

�� (b) Be either:

�� (A) A large sign, no smaller than eight and one-half inches by 11 inches in size with lettering no smaller than five-eighths of an inch in height; or

�� (B) A reduced sign, five by seven inches in size with lettering of the same proportion as the large sign described in paragraph (a) of this subsection.

�� (c) Contain a graphic depiction of the message to assist nonreaders in understanding the message. The depiction of a pregnant female shall be universal and shall not reflect a specific race or culture.

�� (d) Be in English unless a significant number of the patrons of the retail premises use a language other than English as a primary language. In such cases, the sign shall be worded in both English and the primary language or languages of the patrons.

�� (e) Be displayed on the premises of all licensed retail liquor premises as either a large sign at the point of entry, or a reduced sized sign at points of sale.

�� (3) The person described in subsection (1) of this section shall be encouraged to also post signs of any size at places where alcoholic beverages are displayed.

�� (4) Notwithstanding ORS 471.561, the holder of a retail liquor license may produce the sign required by this section insofar as the sign is consistent with the standards established pursuant to this section, ORS 616.286 and 624.060 and the Oregon Liquor and Cannabis Commission, and is displayed in accordance with subsection (2)(e) of this section. [1991 c.324 �2; 1995 c.301 �42; 2021 c.351 �118]

�� 471.553 Consultation with certain groups on production and posting of signs. The Oregon Liquor and Cannabis Commission shall consult with representatives of business and industry as well as interested citizens groups, including the March of Dimes and the Junior League, to determine the most cost-effective, convenient method to produce and post the sign described in ORS 471.551, which shall be distributed by the commission. [1991 c.324 �3; 2021 c.351 �119]

�� 471.555 [Repealed by 1957 c.231 �2 (471.556 enacted in lieu of 471.555)]

�� 471.556 [1957 c.231 �3 (enacted in lieu of

ORS 471.666

471.666.

�� (5) A person notified under subsection (4) of this section, or any other person asserting a claim to rightful possession of the vehicle or conveyance seized, except the defendant, may move the court having ultimate trial jurisdiction over any crime charged in connection with the seizure to return the vehicle or conveyance to the movant.

�� (6) The movant shall serve a copy of the motion upon the district attorney of the county in which the vehicle or conveyance is in custody. The court shall order the vehicle or conveyance returned to the movant, unless the court is satisfied by clear and convincing evidence that the movant knowingly consented to the unlawful use that resulted in the seizure. If the court does not order the return of the vehicle or conveyance, the movant shall obtain the return only as provided in subsection (3) of this section.

�� (7) If the court orders the return of the vehicle or conveyance to the movant, the movant shall not be liable for any towing or storage costs incurred as a result of the seizure.

�� (8) If the court does not order the return of the vehicle or conveyance under subsection (6) of this section, and the arrested person is convicted for any offense in connection with the seizure, the vehicle or conveyance shall be subject to forfeiture as provided in ORS 471.666. [Amended by 1973 c.836 �351; 1981 c.601 �2]

�� 471.665 [Amended by 1971 c.743 �374a; 1973 c.836 �352; 1977 c.745 �40; 1993 c.741 �66; repealed by 1997 c.592 �6 (471.666 enacted in lieu of 471.665)]

�� 471.666 Disposal of seized liquor and of vehicle or other conveyance. (1) The court, upon conviction of the person arrested under ORS 471.660, shall order the alcoholic liquor delivered to the Oregon Liquor and Cannabis Commission, and shall, subject to the ownership rights of innocent third parties, order a sale at public auction by the sheriff of the county of the property seized. The sheriff, after deducting the expense of keeping the property and the cost of sale, shall pay all the liens, according to their priorities, which are established by intervention or otherwise at such hearing or in other proceedings brought for that purpose, and shall pay the balance of the proceeds into the general fund of the county. No claim of ownership or of any right, title or interest in or to such vehicle that is otherwise valid shall be held invalid unless the state shows to the satisfaction of the court, by clear and convincing evidence, that the claimant had knowledge that the vehicle was used or to be used in violation of law. All liens against property sold under this section shall be transferred from the property to the proceeds of the sale.

�� (2) If no person claims the vehicle or conveyance, the taking of the same and the description thereof shall be advertised in some daily newspaper published in the city or county where taken, or if no daily newspaper is published in such city or county, in a newspaper having weekly circulation in the city or county, once a week for two weeks and by handbills posted in three public places near the place of seizure, and shall likewise notify by mail the legal owner, in the case of an automobile, if licensed by the State of Oregon, as shown by the name and address in the vehicle registration records of the Department of Transportation. If no claimant appears within 10 days after the last publication of the advertisement, the property shall be sold and the proceeds, after deducting the expenses and costs, shall be paid into the general fund of the county. [1989 c.791 �18; 1993 c.741 �67; enacted in lieu of 471.665 in 1997; 2021 c.351 �130]

�� 471.670 [Amended by 1995 c.301 �71; 1999 c.788 �57; repealed by 2011 c.597 �118]

�� 471.675 Resisting arrest or interfering with enforcement. A person may not forcibly resist lawful arrest, or by physical contact recklessly interfere with an investigation of any infringement of the Liquor Control Act or with any lawful search or seizure being made by a peace officer or a regulatory specialist if the person knows or should know that the investigation, search or seizure is being performed by a peace officer or regulatory specialist. [Amended by 1981 c.370 �1; 1997 c.249 �174; 2012 c.54 �4; 2015 c.614 �163]

�� 471.680 Allegation and proof in prosecutions. In any prosecution for the sale of alcoholic liquor it is not necessary to prove the exact variety, or to mention the quantity of alcoholic liquor sold, except in the case where the variety or quantity is essential to establish the offense. As regards quantity it is sufficient to allege the sale of a quantity, the sale of which quantity is unlawful. The description of any offense, alleged to be a violation of the Liquor Control Act, in the words of that statute or in any words of like effect, is sufficient in law. Any exceptions, exemptions, provisions, excuse or qualification may be proved by the defendant, but need not be specified or negatived in the complaint, information or indictment. If it is so specified or negatived, no proof in relation to the matter so specified or negatived is required on the part of the plaintiff, informant or complainant.

�� 471.685 Governor authorized to suspend license. In case of invasion, disaster, insurrection, riot, or imminent danger thereof, the Governor may, for the duration of such invasion, disaster, insurrection, riot, or imminent danger thereof, immediately suspend without notice any license in the area involved granted under the provisions of this chapter. [1963 c.91 �2; 1995 c.301 �43; 1999 c.351 �61]

�� 471.695 Fingerprinting of license applicants and certain commission employees; criminal records check. (1) The Oregon Liquor and Cannabis Commission may require each applicant for a full or limited on-premises sales license to submit to fingerprinting. If the applicant is a corporation, the fingerprints of each officer, director and major stockholder of the corporation may be required by the commission. Prior to approving any change in officers, directors or major stockholders, the commission may require the fingerprints of the new officials.

�� (2) The commission shall require that all employees of the commission who work in the licensing or enforcement divisions or who have access to criminal background information be fingerprinted.

�� (3) Fingerprints acquired under this section may be used for the purpose of requesting state or nationwide criminal records checks under ORS 181A.195.

�� (4) As used in this section, �major stockholder� means any person who owns, directly or indirectly, more than 10 percent of any class of any equity security of the corporation. [1979 c.634 �2; 1999 c.351 �37; 2003 c.166 �3; 2005 c.730 �27; 2021 c.351 �131]

�� 471.700 Revocation of license on gambling conviction. In carrying out its duties under ORS 471.315, the Oregon Liquor and Cannabis Commission shall not suspend or cancel a license on grounds of any violation of ORS 167.108 to 167.164 until:

�� (1) The licensee has been convicted thereof in a court of competent jurisdiction; or

�� (2) An employee of the licensee has been convicted thereof in a court of competent jurisdiction and the violation occurred on the licensed premises. [1979 c.171 �2; 1995 c.301 �72; 2021 c.351 �132]

�� 471.703 Police notice to commission or social host when certain persons involved in motor vehicle accidents; content; commission duty. (1) The police shall notify the Oregon Liquor and Cannabis Commission of the name of the alleged provider of alcoholic liquor when:

�� (a) The police investigate any motor vehicle accident where someone other than the operator is injured or incurs property damage;

�� (b) The operator appears to have consumed alcoholic liquor;

�� (c) A citation is issued against the operator that is related to the consumption of alcoholic liquor or could have been issued if the operator had survived; and

�� (d) The provider of the alcoholic liquor is alleged to be a licensee or permittee of the commission.

�� (2) The notice shall include the name and address of the operator involved and the name and address of the person who named the alleged provider, if the person is other than the operator.

�� (3) Upon receipt of the notice described in subsection (1) of this section, the commission shall cause the licensee or permittee named as the alleged provider to be notified of receipt of the notice and of its content. A copy of the notice shall be retained in the files of the commission and shall be open to inspection by the person injured or damaged by the motor vehicle operator or a representative of the person.

�� (4) The police shall notify the alleged social host when the circumstances described in subsection (1) of this section occur and the alleged social host is named as the provider of the alcoholic liquor. The notice shall include the information described in subsection (2) of this section. [1987 c.774 �15; 2021 c.351 �133]

ORGANIZATION, POWERS AND DUTIES OF COMMISSION

�� 471.705 Oregon Liquor and Cannabis Commission; qualifications; compensation; term; confirmation. (1) There is created the Oregon Liquor and Cannabis Commission, consisting of nine commissioners appointed by the Governor. One commissioner must be from among the residents of each congressional district of this state. One additional commissioner must be from eastern Oregon. One additional commissioner must be from western Oregon. One additional commissioner must represent the public at large. One commissioner must be from the food and alcoholic beverage retail industry. Not more than five commissioners may be of the same political party. The Governor shall designate one commissioner to be chairperson of the commission. The commissioners are entitled to compensation and expenses as provided in ORS 292.495.

�� (2) Each commissioner at the time of appointment must be a resident of this state and must have resided in this state for at least five years next preceding appointment and qualification. Each commissioner must be an elector in this state and may not be less than 30 years of age. The term of office of a commissioner terminates if the commissioner ceases to possess the residency or industry qualification for appointment. If the term of office of a commissioner terminates under this subsection, the Governor shall appoint a qualified individual to complete the unexpired term of the commissioner.

�� (3) The term of office of a commissioner is four years from the time of appointment and qualification and until a successor qualifies for appointment. The terms of the commissioners commence April 1. If a commissioner is allowed to hold office after the expiration of a term, the Governor shall appoint the successor for the remainder of the unexpired term. If a vacancy occurs in the commission, the Governor shall appoint the successor for the remainder of the unexpired term. Each commissioner is eligible for reappointment, but an individual is not eligible to serve for more than two full terms.

�� (4) Appointments of commissioners by the Governor under this section are subject to confirmation by the Senate pursuant to section 4, Article III, Oregon Constitution. [Amended by 1967 c.577 �11; 1969 c.314 �50; 1973 c.792 �17; 1979 c.251 �1; 1981 c.545 �9; 2017 c.183 �95; 2021 c.351 �134; 2023 c.604 �7]

�� 471.710 Removal; prohibited interests of commissioner and employee; rules. (1) The Governor may remove any commissioner for inefficiency, neglect of duty, or misconduct in office, giving to the commissioner a copy of the charges made and an opportunity of being publicly heard in person or by counsel, in the commissioner�s own defense, upon not less than 10 days� notice. If such commissioner is removed, the Governor shall file in the office of the Secretary of State a complete statement of all charges made against such commissioner, the findings thereon, and a complete record of the proceedings.

�� (2) No person, other than the member appointed in accordance with ORS 471.705 who is designated from the food and alcoholic beverage retail industry, is eligible to hold the office of commissioner, or to be employed by the Oregon Liquor and Cannabis Commission if:

�� (a) The person has any financial interest in any business licensed by the commission or in any business which manufactures alcoholic beverages sold in Oregon;

�� (b) Anyone in the person�s household or immediate family has a financial interest described in paragraph (a) of this subsection;

�� (c) Anyone in the person�s household or immediate family is employed by a business licensed by the commission, unless the person is not in a position to take action or make decisions which could affect the licensed business; or

�� (d) The person or anyone in the person�s household or immediate family has a business connection with any business licensed by the commission, unless the person is not in a position to take action or make decisions which could affect the licensed business.

�� (3)(a) A retail sales agent appointed by the commission, or a person in the household or immediate family of a retail sales agent, may not have any financial interest in or business connection with:

�� (A) A person or business that is licensed as a distillery;

�� (B) A person or business that holds a full on-premises sales license; or

�� (C) A distillery whose products are sold in Oregon.

�� (b) Paragraph (a) of this subsection does not apply to a distillery retail outlet agent appointed by the commission under ORS 471.230.

�� (4) Nothing in this section prohibits a person from having a financial interest resulting from investments made by the Public Employees Retirement System or through mutual funds, blind trusts or similar investments where the person does not exercise control over the nature, amount or timing of the investment.

�� (5) The commission by rule may establish additional restrictions to prohibit potential conflicts of interest. The commission by rule shall define �immediate family� and �business connection� as used in this section. [Amended by 1979 c.251 �2; 1983 c.168 �1; 1987 c.511 �7; 2009 c.38 �4; 2021 c.351 �135]

�� 471.715 Chairperson; meetings; quorum. (1) The member from the food and alcoholic beverage retail industry shall not serve as chairperson. The chairperson shall preside at all meetings of the Oregon Liquor and Cannabis Commission or, in the chairperson�s absence, some other member may serve as chairperson.

�� (2) The commission shall meet at such times and places within this state as it determines. A majority of the commissioners constitutes a quorum for the transaction of any business, for the performance of any duty or for the exercise of any power of the commission. [Amended by 1979 c.251 �3; 1983 c.168 �2; 2021 c.351 �136]

�� 471.720 Administrator; other personnel. The Oregon Liquor and Cannabis Commission shall appoint an administrator who shall serve at its discretion. The administrator shall be subject to policy direction by the commissioners, and shall be the secretary of the commission and custodian of commission records. The administrator shall manage the commission, administer the laws, and appoint, assign and coordinate personnel of the commission within budget limitations and the State Personnel Relations Law. [Amended by 1967 c.630 �4; 1975 c.605 �24; 1985 c.592 �1; 2021 c.351 �137]

�� 471.725 Buying, leasing, contracting and borrowing powers of commission. The function, duties and powers of the Oregon Liquor and Cannabis Commission include the following:

�� (1) To buy, have in its possession, bottle, blend, rectify, transport and sell, for present or future delivery, in its own name, alcoholic liquor in the manner set forth in this chapter.

�� (2) To purchase, acquire, rent, lease or occupy any building, rooms, stores or land and acquire, own, lease and sell equipment and fixtures required for its operations.

�� (3) To lease or sublet to others property which it acquires or owns and which is not immediately required for its operations. However, no real property shall be purchased without the consent and approval of the Governor.

�� (4) To borrow money, guarantee the payment thereof and of the interest thereon, by the transfer or pledge of goods or in any other manner required or permitted by law.

�� (5) To issue, sign, indorse and accept checks, promissory notes, bills of exchange and other negotiable instruments.

�� (6) In the event the United States Government provides any plan or method whereby the taxes upon alcoholic liquors are collected at the source, to enter into any and all contracts and comply with all regulations, even to the extent of partially or wholly abrogating any statutory provisions which might be in conflict with federal law or regulations, to the end that the commission receives the portion thereof allocated to this state, to be distributed as provided by statute.

�� (7) To secure and pay for such policies of insurance as may be necessary to adequately protect it from loss by fire, theft or other casualty. [Amended by 1995 c.301 �44; 2021 c.351 �138]

�� 471.730 Regulatory powers of commission. The function, duties and powers of the Oregon Liquor and Cannabis Commission include the following:

�� (1) To control the manufacture, possession, sale, purchase, transportation, importation and delivery of alcoholic liquor in accordance with the provisions of this chapter and ORS 474.105 and 474.115.

�� (2) To grant, refuse, suspend or cancel licenses and permits for the sale or manufacture of alcoholic liquor, or other licenses and permits in regard thereto, and to permit, in its discretion, the transfer of a license of any person.

�� (3) To collect the taxes and duties imposed by statutes relating to alcoholic liquors, and to issue, and provide for cancellation, stamps and other devices as evidence of payment of such taxes or duties.

�� (4) To investigate and aid in the prosecution of every violation of statutes relating to alcoholic liquors, to seize alcoholic liquor manufactured, sold, kept, imported or transported in contravention of this chapter and ORS 474.105 and

ORS 471.805

471.805. All moneys deposited under this paragraph shall be kept in a subaccount within the suspense account that indicates the source of the moneys. Notwithstanding ORS 471.805, moneys deposited to the suspense account under this paragraph may not be transferred to the Oregon Liquor and Cannabis Commission Account if any business loss compensation is owed and remains unpaid. This paragraph does not restrict the source for paying business loss compensation from the suspense account or alter the priority of business loss compensation payment established in paragraph (a) of this subsection.

�� (4) If a person that receives business loss compensation under this section brings any action against the commission for damages resulting from a change in the system for selling containers of distilled liquor at retail in this state, the business loss compensation received by the person as a result of that system change shall be an offset against any damages awarded the person in the action. This subsection does not create any new cause of action.

�� (5) Business loss compensation received by a person under this section does not affect the claiming of any tax deduction by the person for depreciation of equipment, fixtures or other property improvements, but is ordinary business income of the person, taxable as provided by law. [2015 c.228 �2; 2021 c.351 �106]

�� 471.475 Mixing, storing or serving of liquor without license. No person who owns, operates or conducts a private or public club or place and who is not in possession of a license issued by the Oregon Liquor and Cannabis Commission permitting the mixing, storing and serving of alcoholic liquor at said premises, and no agent, servant or employee of such person, for a financial consideration by way of a charge for service, membership fee, admission fee, initiation fee, club dues, contributions, or other fee or charge, shall serve or permit to be served, or use or permit to be used, any room, place, bar, glasses, mixers, locker, storage place, chairs, tables, cash registers, music devices, furniture, furnishings, equipment or facilities, for the mixing, storing, serving or drinking of alcoholic liquor. [Amended by 2021 c.351 �107]

�� 471.478 [1977 c.551 �2; 1997 c.249 �173; repealed by 2021 c.180 �20]

�� 471.480 Sale of liquor by certain employees 18 years of age or older; minimum age requirements. (1) Any employee 18 years of age or older of a person who holds an off-premises sales license from the Oregon Liquor and Cannabis Commission may sell any alcoholic liquor authorized by such license on the licensed premises.

�� (2) Any employee 18 years of age or older of a person who holds a wholesale malt beverage and wine license from the Oregon Liquor and Cannabis Commission may assist the licensee in the delivery of any alcoholic liquor authorized by such license.

�� (3) During any inspection of a licensed premises, the commission may require proof that a person performing work at the premises meets any applicable minimum age requirement created under this chapter or under commission rules. If the person does not provide the commission with acceptable proof of age upon request, the commission may require the person to immediately cease any activity that is subject to a minimum age requirement until the commission receives acceptable proof of age. If the activity is the sole lawful basis for the person to be present on the premises, the commission may require that the person leave the premises. This subsection does not apply to a person temporarily at the premises to make a service, maintenance or repair call, to make a delivery or for other purposes independent of the premises operations.

�� (4) If a person performing work that is subject to a minimum age requirement has not provided proof of age requested by the commission under subsection (3) of this section, the commission may request that the licensee or a manager of the premises provide proof that the person meets any applicable minimum age requirement created under this chapter or under commission rules. Failure of the licensee or manager to respond to a request made under this subsection by providing acceptable proof of age for a person is prima facie evidence that the licensee has allowed the person to perform work at the licensed premises in violation of a minimum age requirement. [1971 c.490 �1; 1985 c.378 �2; 1999 c.351 �34; 2011 c.92 �1; 2021 c.351 �109]

�� 471.482 Sale or service of liquor by employees 18 years of age or older generally; rules; minimum age requirements. (1) The holder of a license issued under this chapter may employ persons 18, 19 and 20 years of age who may take orders for, serve and sell alcoholic liquor in any part of the licensed premises when that activity is incidental to the serving of food except in those areas classified by the Oregon Liquor and Cannabis Commission as being prohibited to the use of minors. However, no person who is 18, 19 or 20 years of age shall be permitted to mix, pour or draw alcoholic liquor except when pouring is done as a service to the patron at the patron�s table or drawing is done in a portion of the premises not prohibited to minors.

�� (2) A person who is 18, 19 or 20 years of age may enter areas classified by the commission as being prohibited to the use of minors only for the purpose of ordering and picking up alcoholic liquor for service in other parts of the premises. However, the person shall not remain in the areas longer than is necessary to perform those duties.

�� (3) The commission by rule may permit access to prohibited areas by any minor for nonalcoholic liquor employment purposes as long as the minor does not remain longer than is necessary to perform the duties.

�� (4) During any inspection of a licensed premises, the commission may require proof that a person performing work at the premises meets any applicable minimum age requirement created under this chapter or under commission rules. If the person does not provide the commission with acceptable proof of age upon request, the commission may require the person to immediately cease any activity that is subject to a minimum age requirement until the commission receives acceptable proof of age. If the activity is the sole lawful basis for the person to be present on the premises, the commission may require that the person leave the premises. This subsection does not apply to a person temporarily at the premises to make a service, maintenance or repair call, make a delivery or for other purposes independent of the premises operations.

�� (5) If a person performing work that is subject to a minimum age requirement has not provided proof of age requested by the commission under subsection (4) of this section, the commission may request that the licensee or a manager of the premises provide proof that the person meets any applicable minimum age requirement created under this chapter or under commission rules. Failure of the licensee or manager to respond to a request made under this subsection by providing acceptable proof of age for a person is prima facie evidence that the licensee has allowed the person to perform work at the licensed premises in violation of a minimum age requirement. [1981 c.610 �2; 1993 c.128 �2; 1995 c.301 �70; 1999 c.351 �59; 2011 c.92 �2; 2021 c.351 �110]

�� 471.485 Payment required on or before delivery of liquor. No wholesale licensee or agent or employee thereof shall sell or deliver, nor shall any retail licensee purchase or receive any malt beverages, cider or wine for currency on delivery, but such malt beverages, cider or wine shall be paid for prior to delivery thereof, by electronic fund transfer initiated on or before the date of delivery, or by valid check, order, negotiable instrument or voucher payable on the date of delivery. The wholesale licensee may accept cash at the time of delivery if such acceptance does not create or increase the licensee�s, or the agents� or employees� of the licensee, exposure to or risk of being victimized by criminal activity. [1971 c.694 �2; 1995 c.525 �1; 1999 c.351 �74]

�� 471.490 Delivery or acceptance of instrument drawn upon insufficient funds or not payable according to terms; use of credit. No retail licensee shall deliver any check, order, negotiable instrument or voucher in payment for malt beverages, cider or wine, knowing at the time of such delivery that the maker or drawer has not sufficient funds in the bank or depository to pay the instrument on presentation, nor shall any wholesale licensee accept any such instrument knowing that said instrument is not payable according to its terms, or that there are not sufficient funds to pay such instrument on presentation. Any extension or acceptance of credit under this section shall constitute a violation of ORS 471.398. [1971 c.694 �3; 1995 c.301 �85; 1999 c.351 �75]

�� 471.495 Report by wholesaler of instruments not paid on presentment required. Any wholesale licensee who receives a check, order, negotiable instrument or voucher in payment for malt beverages, cider or wine, who receives an instrument from a retail licensee which, upon presentation, is not paid by the party on whom it is drawn, shall report such fact forthwith to the Oregon Liquor and Cannabis Commission. [1971 c.694 �4; 1999 c.351 �76; 2021 c.351 �111]

�� 471.500 Application of ORS 471.485 to 471.495. The provisions of ORS 471.485, 471.490 and 471.495 shall not apply to any common carrier licensed by the Oregon Liquor and Cannabis Commission. [1971 c.694 �5; 1995 c.301 �41; 2021 c.351 �112]

�� 471.501 Malt beverage container refunds. Nothing in this chapter prevents a brewery licensed under ORS 471.221 or a brewery-public house licensed under ORS 471.200 from establishing a refund value for malt beverage containers under the provisions of ORS 459A.705 that is in excess of five cents, or in excess of 10 cents as described in ORS 459A.705 (2), per container for the purpose of encouraging purchasers to return the containers directly to the brewery or brewery-public house. A refund value in excess of five cents, or in excess of 10 cents as described in ORS 459A.705 (2), per container may be paid under this section only to persons who are not licensed under this chapter and who return the containers directly to the brewery or brewery-public house. [1997 c.803 �10; 1999 c.351 �60; 2011 c.277 �4; 2016 c.3 �7]

�� 471.502 [1981 c.917 �2; renumbered 474.105 in 1989]

�� 471.503 [1981 c.917 �3; renumbered 474.115 in 1989]

�� 471.505 [Repealed by 1983 c.350 �276 (471.506 enacted in lieu of 471.505)]

LOCAL OPTION

�� 471.506 Petition and election for local option. (1) The governing body of a city or a county, when a petition is filed as provided in this section, shall order an election on the question whether the sale, for beverage purposes, of alcoholic liquors of any of the classes described in this section shall be prohibited in the city or county. The classes of alcoholic liquor to which this section applies are:

�� (a) Alcoholic liquors containing more than five percent alcohol by volume;

�� (b) Alcoholic liquors containing more than 14 percent alcohol by volume; and

�� (c) All alcoholic liquors.

�� (2) Except as provided in subsections (3), (4) and (5) of this section, the requirements for preparing, circulating and filing a petition under this section:

�� (a) In the case of a city, shall be as provided for an initiative petition under ORS 250.265 to

ORS 473.045

473.045 and other taxes on alcoholic liquors, together with penalties and interest thereon, levied or assessed against the licensee or permittee under statutes relating to the importation, manufacture, distribution, sale or taxation of alcoholic liquors in the State of Oregon.

�� (2) Under such conditions as the commission may prescribe, the holder of a brewery, winery, wholesale, warehouse, grower sales privilege or brewery-public house license or the holder of a direct to retailer permit may deposit, in lieu of the bond required by subsection (1) of this section, the equivalent value in cash, bank letters of credit recognized by the State Treasurer or negotiable securities of a character approved by the State Treasurer. The deposit is to be made in a bank or trust company for the benefit of the commission. Interest on deposited funds or securities shall accrue to the depositor. [Formerly 471.210; 2007 c.637 �1; 2007 c.651 �5a; 2021 c.351 �45; 2023 c.391 �1]

�� 471.157 Licenses issuable. The licenses described in this chapter may be issued by the Oregon Liquor and Cannabis Commission, subject to its regulations and restrictions and the provisions of the Liquor Control Act. [Formerly 471.215; 2013 c.537 �1; 2021 c.351 �46]

�� 471.159 Enclosure of licensed premises. (1) The Oregon Liquor and Cannabis Commission may not license a location that does not have defined boundaries.

�� (2) A licensed premises need not be enclosed by a wall, fence or other structure, but the commission may require that any licensed premises be enclosed as a condition of issuing or renewing a license.

�� (3) Except as provided in ORS 471.182, the commission may not license premises that are mobile. [1999 c.351 �14 (enacted in lieu of 471.017); 2021 c.351 �47]

�� 471.162 Exemptions from license requirement. (1) Hospitals, sanitariums, convalescent homes, rest homes, retirement homes and facilities for the care of the elderly that have been licensed or registered by the state may sell and serve alcoholic beverages to patients, inmates and residents, and to bona fide visitors and guests of patients, inmates and residents, without a license issued under this chapter. Facilities authorized to sell and serve alcoholic beverages without a license under this subsection may not sell or serve alcoholic beverages after 10 p.m. except upon a physician�s prescription.

�� (2) A person who operates a private residence that is not a boarding house but that accommodates transient guests for a limited duration may sell and serve wine, malt beverages and cider to registered overnight guests without a license. Facilities authorized to sell and serve alcoholic beverages without a license under this subsection must have six or fewer guest units.

�� (3) A person who is an employee or agent of the holder of a license issued under this chapter that authorizes wholesale distribution of alcoholic beverages may, on behalf of the licensee, sell alcoholic beverages in factory-sealed containers to retail licensees and wholesalers.

�� (4) A pharmacist licensed under the laws of this state may sell alcoholic beverages without a license. Pharmacists may only sell alcoholic beverages under the provisions of this section if the alcoholic beverages are drugs as defined in ORS 689.005. A pharmacist may sell alcoholic beverages under the provisions of this subsection pursuant to a prescription, in containers of not more than one quart capacity.

�� (5) A wine collector, or the agent of a wine collector, may sell wine in factory-sealed containers at auction without a license. Any wine sold under this subsection must have been held by the collector for at least a six-month period. A wine collector must receive written approval from the Oregon Liquor and Cannabis Commission before conducting a sale under this subsection. No more than one sale in a 12-month period may be conducted by a wine collector under the provisions of this subsection.

�� (6)(a) As used in this subsection, �homemade� has the meaning given that term in ORS 471.037.

�� (b) A nonprofit or charitable organization registered in this state may sell, including but not limited to through an auction or raffle, alcoholic beverages for up to 45 days in a calendar year without a license issued under this chapter, subject to paragraphs (c) to (f) of this subsection.

�� (c) Prior to selling or offering for sale an alcoholic beverage, the organization must obtain written approval from the commission to sell or offer for sale an alcoholic beverage on any day on which the organization wishes to sell or offer for sale alcoholic beverages under this subsection.

�� (d) The organization may sell malt beverages, wine, cider and distilled liquor purchased by or donated to the organization. Except for donated homemade malt beverages, wine and fermented fruit juices, the purchased or donated malt beverages, wine, cider and distilled liquor must be imported into this state by the commission or be manufactured in or imported into this state under a brewery, brewery-public house, distillery, grower sales privilege, winery or wholesale malt beverage and wine license.

�� (e) The organization may sell:

�� (A) Malt beverages, wine, cider, distilled liquor and donated homemade malt beverages, wine and fermented fruit juices by the drink for on-premises consumption;

�� (B) Malt beverages, wine, cider and donated homemade malt beverages, wine and fermented fruit juices in factory-sealed containers or securely covered containers for off-premises consumption; and

�� (C) Up to a total of four liters per calendar year of distilled liquor in factory-sealed containers for off-premises consumption.

�� (f) The organization may deliver or arrange for the delivery of alcoholic beverages sold for off-premises consumption as described in this subsection.

�� (7) A manufacturer may sell proprietary or patent medicines, perfumes, lotions, flavoring extracts, medicinal tinctures and other preparations unfit for beverage purposes without a license. [1999 c.351 �10; 2012 c.16 �1; 2017 c.533 �6; 2021 c.180 �6; 2021 c.351 �48]

(Authority of Cities and Counties)

�� 471.164 Authority of cities and counties over establishments that offer entertainment or serve alcoholic beverages. (1) Cities and counties may adopt reasonable time, place and manner regulations of the nuisance aspects of establishments that offer entertainment or serve alcoholic beverages if the city or county makes specific findings that the establishment would cause adverse effects to occur.

�� (2) The authority granted to cities and counties by this section is in addition to, and not in lieu of, the authority granted to a city or county under its charter and the statutes and Constitution of this state. [Formerly 471.213]

�� 471.166 Local government recommendations on license issuance and renewal; rules; fees. (1) The Oregon Liquor and Cannabis Commission may require that every applicant for issuance or renewal of a license under this chapter acquire a written recommendation from the governing body of the county if the place of business of the applicant is outside an incorporated city, and from the city council if the place of business of the applicant is within an incorporated city. The commission may take such written recommendation into consideration before granting or refusing the license.

�� (2) If the commission requires that an applicant for issuance of a new license acquire the written recommendation of a local government, the applicant must give notice to the local government when an application is made for issuance of the license. If the local government files a favorable recommendation with the commission within 45 days after the notice is given, the commission shall proceed with consideration of the application. The commission shall proceed with consideration of the application as though the local government had made a favorable recommendation unless, within 45 days after notice is given to the local government:

�� (a) The local government files an unfavorable recommendation with the commission with a statement of the grounds for the unfavorable recommendation; or

�� (b) The local government files a request for additional time with the commission that sets forth the reason additional time is needed by the local government, a statement that the local government is considering making an unfavorable recommendation on the application, and the specific grounds on which the local government is considering making an unfavorable recommendation.

�� (3) If the commission requires that an applicant for renewal of a license acquire the written recommendation of a local government under this section, the commission shall give notice to the local government when an application is due for renewal of the license. If the local government files a favorable recommendation with the commission within 60 days after the notice is given, the commission shall proceed with consideration of the application. The commission shall proceed with consideration of the application as though the local government had made a favorable recommendation unless within 60 days after notice is given to the local government:

�� (a) The local government files an unfavorable recommendation with the commission with a statement of the grounds for the unfavorable recommendation; or

�� (4) The commission shall suspend consideration of an application subject to this section for a reasonable period of time if a local government requests additional time under subsection (2)(b) or (3)(b) of this section and the grounds given by the local government are valid grounds for an unfavorable determination under this chapter or rules adopted by the commission. The commission shall by rule establish the period of time that shall be granted to a local government pursuant to a request under subsections (2)(b) and (3)(b) of this section.

�� (5) The commission shall by rule establish valid grounds for unfavorable recommendations by local governments under this section. Valid grounds established by the commission under this section for an unfavorable recommendation by a local government must be limited to those grounds considered by the commission in making an unfavorable determination on a license application.

�� (6) A person filing an application for issuance or renewal of a license that is subject to this section must remit to the local government the fees established under subsections (7) and (8) of this section. The commission shall give notice to the applicant for license renewal of the amount of the fees and the name of the local government collecting the fees. The commission is not responsible for collecting the fees charged by the local government or for ensuring that the fees have been paid. An applicant for a license renewal shall certify in the application form filed with the commission that the applicant has paid any fees required under this section.

�� (7) An applicant required to seek a written recommendation from a local government must pay an application fee to the local government, in an amount determined by the governing body of the city or county, for each application for a license. The application fee established by a local government under this subsection may not exceed $25.

�� (8) After public notice and hearing, the governing body of a city or county may adopt an ordinance, rule or resolution prescribing licensing guidelines to be followed in making recommendations on license applications under this chapter and in allowing opportunity for public comment on applications. If the guidelines are approved by the commission as consistent with commission rules, after public notice and hearing the governing body may adopt an ordinance, rule or regulation establishing a system of fees that is reasonable and necessary to pay expenses of processing the written recommendation. Processing fees under this subsection are in lieu of fees under subsection (7) of this section. In no case shall the processing fee under this subsection be greater than $100 for an original application, $75 for a change in ownership, change in location or change in privilege application, and $35 for a renewal or temporary application. [1999 c.351 �20; 2003 c.337 �1; 2021 c.351 �49]

(Mandatory Liability Insurance)

�� 471.168 Certain licensees required to maintain liquor liability insurance or bond; rules. (1) For the purpose of providing coverage for injuries suffered by persons by reason of the conduct of intoxicated persons who were served alcoholic beverages on licensed premises while visibly intoxicated, all persons holding a license described in this section must either:

�� (a) Maintain liquor liability insurance of not less than $300,000; or

�� (b) Maintain a bond with a corporate surety authorized to transact business in this state in the amount of not less than $300,000.

�� (2) The Oregon Liquor and Cannabis Commission may by rule require liquor liability insurance or bond in an amount larger than the minimum amount provided for in subsection (1) of this section.

�� (3) The requirements of this section apply to full on-premises sales licenses, limited on-premises sales licenses and brewery-public house licenses. The requirements of this section apply to temporary sales licenses, special events winery licenses, special events grower sales privilege licenses, special events brewery-public house licenses, special events brewery licenses and special events distillery licenses if the event that is licensed is open to the public and attendance at the event is anticipated to exceed 300 individuals per day.

�� (4) The requirements of this section apply to winery licenses, brewery licenses and grower sales privilege licenses unless an applicant for issuance of the license or renewal of the license submits with the application for issuance or renewal of the license an affidavit that states that the licensee will not allow consumption of alcoholic beverages on the premises.

�� (5) All licensees subject to the requirements of this section must supply proof of compliance at the time the license is issued or renewed. The commission by rule shall determine the manner in which proof of compliance may be made under the provisions of this subsection. The commission may require a licensee to present proof of compliance with liquor liability insurance and bond requirements at any time upon request of the commission.

�� (6) Failure of a licensee to comply with liquor liability insurance or bond requirements imposed under this section constitutes a serious threat to public health and safety. In addition to any action available to the commission under ORS 471.313 or 471.315, the commission may immediately suspend or refuse renewal of a license as provided under ORS 183.430 (2) if the licensee fails to comply with those insurance or bond requirements.

�� (7) If a licensee fails to provide proof of compliance with liquor liability insurance or bond requirements imposed under this section at the time of license renewal or when requested by the commission, the failure is sufficient reason for the commission to find for purposes of ORS 183.430 (2) that the licensee has failed to comply with the insurance or bond requirements. [Formerly 471.218; 2009 c.140 �1; 2009 c.237 �1; 2009 c.514 �1; 2016 c.3 �3; 2021 c.351 �50]

(Retail Licenses)

�� 471.175 Full on-premises sales license; rules. (1) The holder of a full on-premises sales license may sell by the drink at retail wine, malt beverages, cider and distilled liquor. Except as provided in this section and ORS 471.176, all alcoholic beverages sold under a full on-premises sales license must be consumed on the licensed premises.

�� (2) A full on-premises sales license may be issued only to a:

�� (a) Nonprofit private club, as described in subsection (11) of this section.

�� (b) Public passenger carrier as provided in ORS 471.182.

�� (c) Commercial establishment, as defined in ORS 471.001 (2).

�� (d) Public location that does not qualify for licensing under paragraphs (a) to (c) of this subsection if:

�� (A) Food is cooked and served at the location;

�� (B) The predominant business activity at the location is other than the preparation or serving of food or the serving of alcohol; and

�� (C) The location meets any minimum food service requirements established by Oregon Liquor and Cannabis Commission rule.

�� (e) Caterer, subject to the requirements of ORS 471.184.

�� (3) The holder of a full on-premises sales license shall allow a patron to remove a partially consumed bottle of wine from the licensed premises if the wine is served in conjunction with the patron�s meal, the patron is not a minor and the patron is not visibly intoxicated.

�� (4) The holder of a full on-premises sales license may purchase any distilled liquor from an agent of the commission appointed pursuant to ORS 471.750 at a discount of not more than five percent off the regular listed price fixed by the commission, together with all taxes, in a manner prescribed by commission rule. For purposes of compensation by the commission, the appointed agent shall be credited with such sales at full retail cost. The commission may not require the licensee to purchase more than one container of distilled liquor at a time if the distilled liquor:

�� (a) Except as provided in subsection (12) of this section, has a retail sales price of $30 or more per container;

�� (b) Is available through a distributor in the United States that does not require the commission to acquire more than one case of the distilled liquor in a single transaction;

�� (c) Is not regularly stocked by the commission; and

�� (d) Is ordered in a 750 milliliter container size if available in that size.

�� (5) The holder of a full on-premises sales license may purchase distilled liquor only from a retail sales agent of the commission or from another person licensed under this section who has purchased the distilled liquor from a retail sales agent of the commission.

�� (6) The holder of a full on-premises sales license may purchase for sale at retail malt beverages, wine and cider only from a holder of a license or permit issued by the commission that authorizes sales of malt beverages, wine or cider at wholesale to licensees of the commission.

�� (7) The holder of a full on-premises sales license may sell for consumption off the licensed premises malt beverages, wine and cider in securely covered containers provided by the consumer that have capacities of not more than two gallons each.

�� (8) The holder of a full on-premises sales license may sell for consumption off the licensed premises malt beverages, wine and cider in factory-sealed containers.

�� (9)(a) The holder of a full on-premises sales license may deliver malt beverages, wine and cider that are sold for off-premises consumption under the privileges of the license to retail customers in this state without a direct shipper permit issued under ORS 471.282. Any deliveries by the licensee are subject to any rules adopted by the commission relating to deliveries made under this subsection.

�� (b) The holder of a full on-premises sales license that uses a third-party delivery facilitator to make deliveries under this subsection is not responsible for ensuring that the deliveries made by the third-party delivery facilitator meet any requirements applicable to the deliveries.

�� (10) On or before the 20th day of each month, the holder of a full on-premises sales license may submit to the commission a report showing the quantity of malt beverages, wine or cider received from the holder of a direct to retailer permit issued under ORS

ORS 474.105

474.105 and 474.115, have power to issue subpoenas, compel the attendance of witnesses, administer oaths, certify to official acts, take depositions within or without this state, as provided by law, and compel the production of pertinent books, payrolls, accounts, papers, records, documents and testimony. [Amended by 1953 c.101 �2; 2021 c.351 �150]

�� 471.765 Procedure when person refuses to testify or produce books. If a person in attendance before the Oregon Liquor and Cannabis Commission or a commissioner refuses, without reasonable cause, to be examined or to answer a legal and pertinent question, or to produce a book or paper when ordered so to do by the commission, the commission may apply to the judge of the circuit court of any county where such person is in attendance, upon proof by affidavit of the fact, for a rule or order returnable in not less than two nor more than five days, directing such person to show cause before the judge who made the order, or any other judge of such county, why the person should not be punished for contempt. Upon the return of such order, the judge shall examine such person under oath and the person shall be given an opportunity to be heard. If the judge determines that such person has refused, without reasonable cause or legal excuse, to be examined or to answer a legal or pertinent question, or to produce a book or paper which the person was ordered to bring or produce, the judge may forthwith punish the offender for contempt of court. [Amended by 2021 c.351 �151]

�� 471.770 Self-incrimination as a basis for refusing to testify or produce books. No person shall be excused from testifying or from producing any books, papers or documents in any investigation or inquiry by or upon any hearing before the Oregon Liquor and Cannabis Commission or any commissioner when ordered so to do by the commission or any of its authorized agents, upon the ground that the testimony, evidence, books, papers or documents required of the person may tend to incriminate the person or subject the person to penalty or forfeiture. No person shall be prosecuted, punished or subjected to any penalty or forfeiture for or on account of any act, transaction, matter or thing concerning which the person shall, under oath, have, by order of the commission, or a commissioner, or any of its authorized agents, testified to or produced documentary evidence of; but no person so testifying shall be exempt from prosecution or punishment for any perjury committed by the person in testimony. [Amended by 1953 c.101 �2; 2021 c.351 �152]

�� 471.775 Service of subpoenas; regulatory specialist authority and prohibitions. (1) The provisions of ORS 183.440 shall apply to subpoenas issued by each member of the Oregon Liquor and Cannabis Commission or any of its authorized agents.

�� (2) Subject to subsection (3) of this section, regulatory specialists have authority as provided under this chapter, ORS chapter 153, ORS 133.005 to 133.400, 133.450,

ORS 475.925

475.925, 475.930 or 813.011, the court shall vacate the original judgment of conviction and proceed in accordance with the agreement. If applicable, the district attorney shall prepare a charging instrument charging the person with an alternative offense, the court shall proceed with taking a plea to the alternative offense, the person shall waive any challenges to the conviction for the alternative offense and the court shall impose the new sentence requested in the petition.

�� (c) If the court grants the petition and the court is not prohibited from imposing the sentence requested in the petition as described in paragraph (b) of this subsection, the court shall proceed in accordance with the agreement.

�� (d) If the court imposes a new sentence on the original conviction under this section, the court shall resentence the defendant in the same manner as if the person had not previously been sentenced, provided that the new sentence, if any, is not greater than the original sentence. The court shall impose the new sentence as specified in the petition notwithstanding any other law mandating or requiring a specific sentence.

�� (3) The court may consider post-conviction factors when determining whether to grant a petition under this section, including but not limited to:

�� (a) The person�s disciplinary record and record of rehabilitation while incarcerated;

�� (b) Evidence that reflects whether the person�s age, time served and diminished physical or mental condition, if any, have reduced the person�s risk for future violence;

�� (c) The safety of the victim associated with each conviction in the petition;

�� (d) The amount of the original sentence already served by the person; and

�� (e) Evidence that reflects changed circumstances since the person�s original sentencing and shows that the person�s continued incarceration no longer advances the interests of justice.

�� (4)(a) The district attorney shall use all reasonable efforts to inform the victim associated with each conviction in the petition, in a trauma-informed manner, of the fact that a petition has been filed under this section, and provide a copy of the petition to the victim, as soon as practicable and no later than 30 days before any hearing on the petition. The district attorney shall further make all reasonable efforts to provide notification to the victim of the date of the hearing, explain the petition process under this section to the victim, provide opportunities for input by the victim and provide the victim with access to available victim advocates and other related services.

�� (b) At the hearing described in subsection (2) of this section, the court shall provide an opportunity for victims to make a statement in person, in writing or through a representative.

�� (5) When a person is resentenced under this section, the person shall receive credit for time served under ORS 137.370. If the person is convicted of a new offense under this section, the court shall indicate that the new crime of conviction was committed as part of the same criminal episode as the original crime of conviction.

�� (6) A resentencing under this section does not revive any challenge to the resentenced conviction if the challenge would have been barred at the time of resentencing due to the passage of time. [2021 c.414 �1]

�� Note: 137.218 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 137.220 [1959 c.558 �33 (enacted in lieu of 137.190); renumbered 137.212 in 2021]

�� 137.221 Vacation of judgment of conviction for prostitution. (1) Notwithstanding ORS 138.540, a court may vacate a judgment of conviction for the crime of prostitution under ORS 167.007 or for violating a municipal prostitution ordinance as described in this section.

�� (2)(a) A person may request vacation of a judgment of conviction for prostitution by filing a motion in the county of conviction. The motion may be filed at least 21 days after the judgment of conviction is entered.

�� (b) A copy of the motion shall be served on the district attorney.

�� (c) The motion must contain an explanation of facts supporting a claim that the person was the victim of sex trafficking at or around the time of the conduct giving rise to the prostitution conviction. The motion must further contain an explanation of why those facts were not presented to the trial court.

�� (3) Upon receiving the motion described in subsection (2) of this section, the court shall hold a hearing. At the hearing, the person has the burden of proof and may present evidence that, at or around the time of the conduct giving rise to the prostitution conviction, the person was the victim of sex trafficking. The court shall consider any evidence the court deems of sufficient credibility and probative value in determining whether the person was a victim of sex trafficking. The evidence may include, but is not limited to:

�� (a) Certified records of a state or federal court proceeding demonstrating that the person was a victim of sex trafficking;

�� (b) Certified records from federal immigration proceedings recognizing the person as a victim of sex trafficking; and

�� (c) A sworn statement from a trained professional staff member of a victim services organization, an attorney, a member of the clergy or a medical or other professional, certifying that the person has sought assistance addressing trauma associated with being a sex trafficking victim.

�� (4) If the court finds, by clear and convincing evidence, that the person was the victim of sex trafficking at or around the time of the conduct giving rise to the prostitution conviction, the court shall grant the motion.

�� (5) If the court grants a motion under this section, the court shall vacate the judgment of conviction for prostitution and may make other orders as the court considers appropriate.

�� (6) If the court grants a motion under this section while an appeal of the judgment of conviction is pending, the court shall immediately forward a copy of the vacation order to the appellate court.

�� (7) As used in this section:

�� (a) �Municipal prostitution ordinance� means a municipal ordinance prohibiting a person from engaging in, or offering or agreeing to engage in, sexual conduct or sexual contact in return for a fee.

�� (b) �Sex trafficking� means the use of force, intimidation, fraud or coercion to cause a person to engage, or attempt to engage, in a commercial sex act. [2017 c.245 �1; 2018 c.120 �7]

�� Note: 137.221 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 137.222 Motion for reduction of marijuana conviction offense classification; entry of amended judgment. (1)(a) Notwithstanding ORS 161.525, a person by motion may request the court to reduce the offense classification of a marijuana conviction as provided in this section.

�� (b) A marijuana conviction is eligible for reduction under this section if, since entry of judgment of conviction, the marijuana offense has been:

�� (A) Reduced from a felony to a misdemeanor;

�� (B) Reduced from a higher level felony to a lower level felony;

�� (C) Reduced from a higher level misdemeanor to a lower level misdemeanor; or

�� (D) Reduced from a crime to a violation.

�� (2) A person filing a motion under this section is not required to pay the filing fee established under ORS 21.135 or any other fee.

�� (3)(a) At the time of filing the motion, the person shall serve a copy of the motion upon the office of the prosecuting attorney of the jurisdiction in which the judgment of conviction was entered.

�� (b) The prosecuting attorney, within 30 days after the filing of the motion under paragraph (a) of this subsection, may file an objection to granting the motion only on the basis that:

�� (A) The person�s conviction is not eligible for reduction under this section; or

�� (B) The person has not completed and fully complied with or performed the sentence of the court.

�� (4) If no objection from the prosecuting attorney is received by the court within 30 days after the filing of the motion, the court shall grant the motion and proceed as provided in subsection (6) of this section if the conviction is eligible for reduction under this section and the court determines that the person has completed and fully complied with or performed the sentence of the court.

�� (5)(a) If the court receives an objection from the prosecuting attorney, the court shall hold a hearing.

�� (b) At the hearing, the person has the burden of establishing, by a preponderance of the evidence, that:

�� (A) The conviction is eligible for reduction under this section; and

�� (B) The person completed and fully complied with or performed the sentence of the court.

�� (c) If, at the hearing, the court determines that the conviction is eligible for reduction under this section and the person completed and fully complied with or performed the sentence of the court, the court shall grant the motion and proceed as provided in subsection (6) of this section.

�� (6) Upon granting a motion under this section, the court shall enter an amended judgment of conviction at the appropriate offense level. [2019 c.473 �1]

�� Note: 137.222 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 137.223 Order setting aside judgment of guilty except for insanity; fees; procedure; effect of order. (1) A person who has been found guilty except for insanity of an offense for which, if convicted, the person could apply for entry of an order setting aside the conviction pursuant to ORS 137.225, may by motion apply to the court for entry of an order setting aside the judgment finding the person guilty except for insanity of the offense.

�� (2)(a) A person described in subsection (1) of this section may file the motion to set aside a judgment of guilty except for insanity any time after the following time periods:

�� (A) For a judgment of guilty except for insanity on a Class B felony, seven years from the date of entry of the judgment or the date the person is no longer under the jurisdiction of the Psychiatric Security Review Board, whichever is later.

�� (B) For a judgment of guilty except for insanity on a Class C felony, five years from the date of entry of the judgment or the date the person is no longer under the jurisdiction of the board, whichever is later.

�� (C) For a judgment of guilty except for insanity on a Class A misdemeanor, three years from the date of entry of the judgment or the date the person is no longer under the jurisdiction of the board, whichever is later.

�� (D) For a judgment of guilty except for insanity on a Class B or Class C misdemeanor, one year from the date of entry of the judgment or the date the person is no longer under the jurisdiction of the board, whichever is later.

�� (b) A person is eligible to have a judgment of guilty except for insanity set aside under this section if the person has no other findings of guilty except for insanity and no convictions for offenses other than motor vehicle violations within the following time periods prior to filing the motion:

�� (A) For a motion concerning a judgment of guilty except for insanity on a Class B felony, seven years.

�� (B) For a motion concerning a judgment of guilty except for insanity on a Class C felony, five years.

�� (C) For a motion concerning a judgment of guilty except for insanity on a Class A misdemeanor, three years.

�� (D) For a motion concerning a judgment of guilty except for insanity on a Class B or Class C misdemeanor, one year.

�� (3)(a) A copy of the motion shall be served upon the office of the prosecuting attorney who prosecuted the offense. The prosecuting attorney may object to the motion filed and shall notify the court and the person of the objection within 120 days of receiving the motion.

�� (b) When a prosecuting attorney is served with a copy of a motion to set aside a judgment of guilty except for insanity under this section, the prosecuting attorney shall provide a copy of the motion and notice of the hearing date to the victim, if any, of the offense by mailing a copy of the motion and notice to the victim�s last-known address.

�� (c) When a person files a motion under this section, the person must pay a fee to the Department of State Police for the purpose of the department performing a criminal record check, and shall forward to the department a full set of the person�s fingerprints on a fingerprint card or in any other manner specified by the department. The department shall establish a fee in an amount not to exceed the actual cost of performing the criminal record check. If the department is required to perform only one criminal record check for the person, the department may only charge one fee, regardless of the number of counties in which the person is filing a motion to set aside a conviction, arrest, charge or citation under this section. The department shall provide a copy of the results of the criminal record check to the prosecuting attorney.

�� (d) A person filing a motion under this section is not required to pay the filing fee established under ORS 21.135.

�� (4)(a) If an objection is received to a motion filed under this section, the court shall hold a hearing, and may require the filing of such affidavits and may require the taking of such proofs as the court deems proper. The court shall allow the victim to make a statement at the hearing. If the person is otherwise eligible for relief under this section, the court shall grant the motion and enter an order as described in paragraph (b) of this subsection unless the court makes written findings, by clear and convincing evidence, that the circumstances and behavior of the person, from the date of the judgment the person is seeking to set aside to the date of the hearing on the motion, do not warrant granting the motion due to the circumstances and behavior creating a risk to public safety. When determining whether the person�s circumstances and behavior create a risk to public safety, the court may only consider criminal behavior, or violations of regulatory law or administrative rule enforced by civil penalty or other administrative sanction that relate to the character of the conviction sought to be set aside. The court may not consider nonpunitive civil liability, monetary obligations and motor vehicle violations.

�� (b) An order entered under this subsection shall state the original arrest charge and the charge for which the person was found guilty except for insanity. The order shall further state that positive identification has been established by the Department of State Police and further identified as to Department of State Police number or submitting agency number.

�� (5)(a) Upon the entry of an order under subsection (4) of this section:

�� (A) The person, for purposes of the law, shall be deemed not to have been previously found guilty except for insanity, and the court shall issue an order sealing the records of the case, including the records of arrest, whether or not the arrest resulted in a further criminal proceeding.

�� (B) The court shall inform the person that the person�s right to possess, purchase or otherwise acquire a firearm remains prohibited under federal law.

�� (b) For purposes of this subsection, records of the case do not include medical records that are in the possession of the Psychiatric Security Review Board, including medical evaluations and reports submitted from other agencies concerning the status or compliance of the person.

�� (6) The clerk of the court shall forward a certified copy of the order entered under subsection (5) of this section to such agencies as directed by the court. A certified copy shall be sent to the Psychiatric Security Review Board. Upon entry of the order, the judgment of guilty except for insanity shall be deemed not to have been entered, and the person may answer accordingly any questions relating to its occurrence.

�� (7) For purposes of any civil action in which truth is an element of a claim for relief or affirmative defense, the provisions of subsection (6) of this section providing that the judgment of guilty except for insanity be deemed not to have been entered do not apply and a party may apply to the court for an order requiring disclosure of the official records in the case as may be necessary in the interests of justice.

�� (8) Upon motion of any prosecutor or defendant in a case involving records sealed under this section, supported by affidavit showing good cause, the court with jurisdiction may order the reopening and disclosure of any records sealed under this section for the limited purpose of assisting the investigation of the movant. However, such an order has no other effect on the orders setting aside the judgment of guilty except for insanity.

�� (9) A prosecuting attorney may not condition an agreement not to object to the entry of a judgment of guilty except for insanity on an agreement by a person to waive the ability to set aside the judgment under this section.

�� (10) As used in this section, �affidavit� includes a declaration under penalty of perjury. [2015 c.320 �1; 2017 c.442 �16; 2021 c.486 �2]

�� Note: 137.223 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 137.224 Sealing of records related to drug enforcement misdemeanor. (1) Within 60 days of receiving verification from a deflection program coordinator that a person has completed a deflection program, after being referred to the program due to the alleged commission of unlawful possession of a controlled substance constituting a drug enforcement misdemeanor as described in ORS 475.896, a law enforcement agency or district attorney shall seal all records related to the person�s participation in the program, the alleged conduct that resulted in the referral to the program and, if applicable, the citation for the offense and related criminal history records, and a court shall seal all electronic records that may have been created concerning the offense. Records sealed under this subsection are not subject to disclosure under ORS 192.311 to 192.478 or any other law.

�� (2) After two years have elapsed from the date of an offense for unlawful possession of a controlled substance constituting a drug enforcement misdemeanor as described in ORS 475.896, and if no further prosecutorial action on the citation for the offense has occurred, within 60 days after the conclusion of the two-year time period from the date of the offense, any law enforcement agency or district attorney that possesses records related to the citation, including related criminal history records, and any court that possesses electronic records related to the citation, shall seal the records. Records sealed under this subsection are not subject to disclosure under ORS 192.311 to 192.478 or any other law.

�� (3)(a) Notwithstanding ORS 137.225, when a person successfully completes a probation agreement and the court discharges the person and dismisses the proceedings against the person under ORS 475.897 (4), the court shall, within 90 days after the dismissal, enter an order sealing all records related to the arrest or citation and the criminal proceedings. The court may enter an order sealing all records related to any other charges that were dismissed or removed from the charging instrument, other than records related to a diversion-related arrest or citation, if no other convictions exist in the case. The clerk of the court shall forward a copy of the order, or a certified copy if requested, to such agencies as directed by the court.

�� (b) Notwithstanding ORS 137.225 and subsection (4) of this section, when the court receives notice that a defendant has successfully completed a term of probation for unlawful possession of a controlled substance constituting a drug enforcement misdemeanor as described in ORS 475.896, the court shall, within 90 days after the notification, enter an order sealing all records related to the arrest or citation and the criminal proceedings. The court may enter an order sealing all records related to any other charges that were dismissed or removed from the charging instrument, other than records related to a diversion-related arrest or citation, if no other convictions exist in the case. The clerk of the court shall forward a copy of the order, or a certified copy if requested, to such agencies as directed by the court.

�� (c) Notwithstanding ORS 137.225, when a person is acquitted of unlawful possession of a controlled substance constituting a drug enforcement misdemeanor as described in ORS 475.896, the court shall, within 90 days after the acquittal, enter an order sealing all records related to the arrest or citation and the criminal proceedings. The court may enter an order sealing all records related to any other charges that were dismissed or removed from the charging instrument, other than records related to a diversion-related arrest or citation, if no other convictions exist in the case. The clerk of the court shall forward a copy of the order, or a certified copy if requested, to such agencies as directed by the court.

�� (4)(a) Notwithstanding ORS 137.225, and except as provided in paragraph (b) of this subsection, after three years have passed from the date of entry of judgment of conviction for unlawful possession of a controlled substance constituting a drug enforcement misdemeanor as described in ORS 475.896, the court shall, within 60 days after the three-year period has concluded, enter an order sealing all records related to the arrest or citation, charges and conviction. The court may enter an order sealing all records related to any other charges that were dismissed or removed from the charging instrument, other than records related to a diversion-related arrest or citation, if no other convictions exist in the case. The clerk of the court shall forward a copy of the order, or a certified copy if requested, to such agencies as directed by the court.

�� (b) If the court issues a warrant on a case with a conviction for unlawful possession of a controlled substance constituting a drug enforcement misdemeanor as described in ORS 475.896, the time period between the issuance of the warrant and the date on which the person reappears in court on the case and the warrant is no longer active does not count toward the three-year time period described in paragraph (a) of this subsection.

�� (c) Notwithstanding ORS 137.225, after three years have passed since the dismissal of an unlawful possession of a controlled substance offense constituting a drug enforcement misdemeanor as described in ORS 475.896, if the court has not sealed records of the offense under subsection (2) or (3) of this section, the court shall, within 60 days after the three-year period has concluded, enter an order sealing all records related to the arrest or citation and any criminal proceedings. The court may enter an order sealing all records related to any other charges that were dismissed or removed from the charging instrument, other than records related to a diversion-related arrest or citation, if no other convictions exist in the case. The clerk of the court shall forward a copy of the order, or a certified copy if requested, to such agencies as directed by the court.

�� (5) If a case involves records related to two or more unlawful possession of a controlled substance offenses constituting a drug enforcement misdemeanor as described in ORS 475.896, and the records related to each offense are eligible for sealing under this section at different times, the court may not enter an order sealing records related to any drug enforcement misdemeanor in the case until all records related to drug enforcement misdemeanors in the case are eligible to be sealed.

�� (6) The court may not enter an order under this section sealing records related to unlawful possession of a controlled substance constituting a drug enforcement misdemeanor as described in ORS 475.896 while a case has an active warrant.

�� (7)(a) Notwithstanding subsections (1) to (5) of this section and any other statute authorizing a court to enter an order sealing records related to unlawful possession of a controlled substance constituting a drug enforcement misdemeanor as described in ORS 475.896, if a case includes records other than those related to unlawful possession of a controlled substance constituting a drug enforcement misdemeanor, the court may not enter an order sealing records related to unlawful possession of a controlled substance constituting a drug enforcement misdemeanor in the case until the court enters an order setting aside or expunging all other records in the case.

�� (b) When a court enters an order setting aside or expunging all records in a case other than records pertaining to unlawful possession of a controlled substance constituting a drug enforcement misdemeanor as described in ORS 475.896 under any statute authorizing such an order:

�� (A) If all records related to unlawful possession of a controlled substance constituting a drug enforcement misdemeanor in the case are eligible for sealing under this section, the court may enter an order sealing all records in the case under one order.

�� (B) Notwithstanding subsections (1) to (5) of this section, if the records related to unlawful possession of a controlled substance constituting a drug enforcement misdemeanor are not eligible for sealing under this section, the court may enter an order sealing the records if the court finds that the sealing would be in the best interests of the person who is the subject of the records and the public.

�� (8)(a) The State Court Administrator shall develop a standardized form for obtaining the information necessary for all entities to seal records as required by this section.

�� (b) When a person is charged with unlawful possession of a controlled substance constituting a drug enforcement misdemeanor as described in ORS 475.896, the district attorney and the defense attorney shall ensure that a copy of the form described in paragraph (a) of this subsection is completed and submitted to the court.

�� (9) As used in this section, �diversion-related arrest or citation� means an arrest or citation for driving while under the influence of intoxicants for a charge that was dismissed as the result of the person�s successful completion of a diversion agreement described in ORS 813.200. [2024 c.70 �54; 2025 c.532 �26]

�� Note: 137.224 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 137.225 Order setting aside conviction, contempt finding or record of criminal charge; fees; prerequisites; limitations. (1)(a) At any time after the person becomes eligible as described in paragraph (b) of this subsection, any person convicted of an offense, or found in contempt of court, who has fully complied with and performed the sentence of the court for the offense or contempt finding, and whose conviction or finding is described in subsection (5) of this section, by motion may apply to the court where the conviction or finding was entered for entry of an order setting aside the conviction or finding. A person who is still under supervision as part of the sentence for the offense that is the subject of the motion has not fully complied with or performed the sentence of the court.

�� (b) A person is eligible to file a motion under paragraph (a) of this subsection:

�� (A) For a Class B felony, seven years from the date of conviction or the release of the person from imprisonment for the conviction sought to be set aside, whichever is later.

�� (B) For a Class C felony or a finding of a person in contempt of court for violating an order related to abuse or a person crime, five years from the date of conviction or finding, or the release of the person from imprisonment for the conviction or finding sought to be set aside, whichever is later.

�� (C) For a Class A misdemeanor, three years from the date of conviction or the release of the person from imprisonment for the conviction sought to be set aside, whichever is later.

�� (D) For a Class B or Class C misdemeanor, a violation or a finding of a person in contempt of court not described in subparagraph (B) of this paragraph, one year from the date of conviction or finding, or the release of the person from imprisonment for the conviction or finding sought to be set aside, whichever is later.

�� (c) If no accusatory instrument is filed, at any time after 60 days from the date the prosecuting attorney indicates that the state has elected not to proceed with a prosecution or contempt proceeding, an arrested, cited or charged person may apply to the court in the county in which the person was arrested, cited or charged, for entry of an order setting aside the record of the arrest, citation or charge.

�� (d) At any time after an acquittal or a dismissal other than a dismissal described in paragraph (c) of this subsection, an arrested, cited or charged person may apply to the court in the county in which the person was arrested, cited or charged, for entry of an order setting aside the record of the arrest, citation or charge.

�� (e) Notwithstanding paragraph (b) of this subsection, a person whose sentence of probation was revoked may not apply to the court for entry of an order setting aside the conviction or finding for which the person was sentenced to probation for a period of three years from the date of revocation or until the person becomes eligible as described in paragraph (b) of this subsection, whichever occurs later.

�� (f) If the offense classification of a conviction has been reduced by the court, the applicable time period under paragraph (b) of this subsection is the time period associated with the reduced offense classification, calculated from the date of conviction or the release of the person from imprisonment for the conviction sought to be set aside, whichever is later.

�� (g) A person filing a motion under this section is not required to pay the filing fee established under ORS 21.135.

�� (2)(a) A copy of the motion shall be served upon the office of the prosecuting attorney who prosecuted the offense or charge of contempt, or who had authority to prosecute the charge if there was no accusatory instrument filed. The prosecuting attorney may object to a motion filed under subsection (1)(a) of this section and shall notify the court and the person of the objection within 120 days of the date the motion was filed with the court.

�� (b) When a prosecuting attorney is served with a copy of a motion to set aside a conviction or finding under subsection (1)(a) of this section, the prosecuting attorney shall provide a copy of the motion and notice of the hearing date to the victim, if any, by mailing a copy of the motion and notice to the victim�s last-known address.

�� (c) When a person makes a motion under this section, the person shall forward to the Department of State Police a full set of the person�s fingerprints on a fingerprint card or in any other manner specified by the department.

�� (d) When a person makes a motion under subsection (1)(a) of this section, the person must pay a fee to the Department of State Police for the purpose of the department performing a criminal record check. The department shall establish a fee in an amount not to exceed the actual cost of performing the criminal record check. If the department is required to perform only one criminal record check for the person, the department may only charge one fee, regardless of the number of counties in which the person is filing a motion to set aside a conviction, finding, arrest, charge or citation under this section. The department shall provide a copy of the results of the criminal record check to the prosecuting attorney.

�� (e) The prosecuting attorney may not charge the person a fee for performing the requirements described in this section.

�� (3)(a) If an objection is received to a motion filed under subsection (1)(a) of this section, the court shall hold a hearing, and may require the filing of such affidavits and may require the taking of such proofs as the court deems proper. The court shall allow the victim to make a statement at the hearing. If the person is otherwise eligible for relief under this section, the court shall grant the motion and enter an order as described in paragraph (b) of this subsection unless the court makes written findings, by clear and convincing evidence, that the circumstances and behavior of the person, from the date of the conviction or finding the person is seeking to set aside to the date of the hearing on the motion, do not warrant granting the motion due to the circumstances and behavior creating a risk to public safety. When determining whether the person�s circumstances and behavior create a risk to public safety, the court may only consider criminal behavior, or violations of regulatory law or administrative rule enforced by civil penalty or other administrative sanction that relate to the character of the conviction or finding sought to be set aside. The court may not consider nonpunitive civil liability, monetary obligations and motor vehicle violations. Upon granting the motion, the court shall enter an appropriate order containing the original arrest or citation charge, the conviction charge, if different from the original, the date of charge, the submitting agency and the disposition of the charge. Upon the entry of the order, the person for purposes of the law shall be deemed not to have been previously convicted, and the court shall issue an order sealing the record of conviction and other official records in the case, including the records of arrest, citation or charge.

�� (b) The court shall grant a motion filed under subsection (1)(c) or (d) of this section, or under subsection (1)(a) of this section if no objection to the motion is received, and shall enter an appropriate order containing the original arrest or citation charge, the conviction charge, if applicable and different from the original, the date of charge, the submitting agency and the disposition of the charge. Upon the entry of the order, the person for purposes of the law shall be deemed not to have been previously convicted, arrested, cited or charged, and the court shall issue an order sealing all official records in the case, including the records of arrest, citation or charge, whether or not the arrest, citation or charge resulted in a further criminal proceeding.

�� (4) The clerk of the court shall forward a certified copy of the order to such agencies as directed by the court. A certified copy must be sent to the Department of Corrections when the order concerns a conviction. Upon entry of the order, the conviction, arrest, citation, charge or other proceeding shall be deemed not to have occurred, and the person may answer accordingly any questions relating to its occurrence.

�� (5) The provisions of subsection (1)(a) of this section apply to the following convictions and findings:

�� (a) A Class B felony, except for a violation of ORS 166.429 or any crime classified as a person felony as defined in the rules of the Oregon Criminal Justice Commission.

�� (b) Any misdemeanor, Class C felony or felony punishable as a misdemeanor pursuant to ORS 161.705.

�� (c) An offense constituting a violation under state law or local ordinance.

�� (d) An offense committed before January 1, 1972, that, if committed after that date, would qualify for an order under this section.

�� (e) The finding of a person in contempt of court.

�� (6) Notwithstanding subsection (5) of this section, the provisions of subsection (1)(a) of this section do not apply to a conviction for:

�� (a) Criminal mistreatment in the second degree under ORS 163.200 if the victim at the time of the crime was 65 years of age or older.

�� (b) Criminal mistreatment in the first degree under ORS 163.205 if the victim at the time of the crime was 65 years of age or older, or when the offense constitutes child abuse as defined in ORS 419B.005.

�� (c) Endangering the welfare of a minor under ORS 163.575 (1)(a), when the offense constitutes child abuse as defined in ORS 419B.005.

�� (d) Criminally negligent homicide under ORS 163.145, when that offense was punishable as a Class C felony.

�� (e) Assault in the third degree under ORS 163.165 (1)(h).

�� (f) Any sex crime, unless:

�� (A) The sex crime is listed in ORS 163A.140 (1)(a) and:

�� (i) The person has been relieved of the obligation to report as a sex offender pursuant to a court order entered under ORS 163A.145 or 163A.150; and

�� (ii) The person has not been convicted of, found guilty except for insanity of or found to be within the jurisdiction of the juvenile court based on a crime for which the court is prohibited from setting aside the conviction under this section; or

�� (B) The sex crime constitutes a Class C felony and:

�� (i) The person was under 16 years of age at the time of the offense;

�� (ii) The person is:

�� (I) Less than two years and 180 days older than the victim; or

�� (II) At least two years and 180 days older, but less than three years and 180 days older, than the victim and the court finds that setting aside the conviction is in the interests of justice and of benefit to the person and the community;

�� (iii) The victim�s lack of consent was due solely to incapacity to consent by reason of being less than a specified age;

�� (iv) The victim was at least 12 years of age at the time of the offense;

�� (v) The person has not been convicted of, found guilty except for insanity of or found to be within the jurisdiction of the juvenile court based on a crime for which the court is prohibited from setting aside the conviction under this section; and

�� (vi) Each conviction or finding described in this subparagraph involved the same victim.

�� (7)(a) Notwithstanding subsection (5) of this section, the provisions of subsection (1)(a) of this section do not apply to:

�� (A) A conviction for a state or municipal traffic offense.

�� (B) A person convicted of any other offense, excluding motor vehicle violations and unlawful possession of a controlled substance constituting a drug enforcement misdemeanor as described in ORS 475.896, or found in contempt of court for violating an order related to abuse or a person crime, within the following applicable time period immediately preceding the filing of the motion pursuant to subsection (1)(a) of this section, whether or not the other conviction is for conduct associated with the same criminal episode that caused the conviction, or with the same course of conduct that caused the finding, that is sought to be set aside:

�� (i) For a motion concerning a Class B felony, seven years.

�� (ii) For a motion concerning a Class C felony or a finding of a person in contempt of court for violating an order related to abuse or a person crime, five years.

�� (iii) For a motion concerning a Class A misdemeanor, three years.

�� (iv) For a motion concerning a Class B or Class C misdemeanor a violation or a finding of contempt of court not described in sub-subparagraph (ii) of this subparagraph, one year.

�� (C) A person who at the time the motion described in this section is pending before the court is under charge of commission of any crime or contempt of court for violating an order related to abuse or a person crime.

�� (b) A single violation, other than a motor vehicle violation, within the time period specified in paragraph (a)(B) of this subsection is not a conviction under this subsection. Notwithstanding subsection (1) of this section, a conviction that has been set aside under this section shall be considered for the purpose of determining whether paragraph (a)(B) of this subsection is applicable.

�� (8) The provisions of subsection (1)(c) or (d) of this section do not apply to:

�� (a) An arrest or citation for driving while under the influence of intoxicants if the charge is dismissed as a result of the person�s successful completion of a diversion agreement described in ORS 813.200.

�� (b) The dismissal of a citation for a traffic violation.

�� (c) A person who at the time the motion described in this section is pending before the court is under charge of commission of any crime or contempt of court for violating an order related to abuse or a person crime.

�� (9) The provisions of subsection (1) of this section apply to convictions, findings, arrests, citations and charges that occurred before, as well as those that occurred after, September 9, 1971. There is no time limit for making an application.

�� (10) For purposes of any civil action in which truth is an element of a claim for relief or affirmative defense, the provisions of subsection (3) of this section providing that the conviction, finding, arrest, citation, charge or other proceeding be deemed not to have occurred do not apply and a party may apply to the court for an order requiring disclosure of the official records in the case as may be necessary in the interest of justice.

�� (11)(a) Upon motion of any prosecutor or defendant in a case involving records sealed under this section, supported by affidavit showing good cause, the court with jurisdiction may order the reopening and disclosure of any records sealed under this section for the limited purpose of assisting the investigation of the movant. However, such an order has no other effect on the orders setting aside the conviction or finding, or the arrest, citation or charge record.

�� (b) Notwithstanding paragraph (a) of this subsection, when an arrest, citation or charge described in subsection (1)(c) of this section is set aside, a prosecuting attorney may, for the purpose of initiating a criminal proceeding within the statute of limitations, unseal the records sealed under this section by notifying the court with jurisdiction over the charge, record of arrest or citation. The prosecuting attorney shall notify the person who is the subject of the records of the unsealing under this paragraph by sending written notification to the person�s last known address.

�� (12) The State Court Administrator shall create forms to be used throughout the state for motions and proposed orders described in this section.

�� (13) As used in this section:

�� (a) �Affidavit� includes a declaration under penalty of perjury.

�� (b) �Order related to abuse or a person crime� means:

�� (A) A court order issued under ORS 107.095 (1)(c) or (d), 107.700 to 107.735, 124.005 to 124.040,

ORS 475B.420

475B.420 in 2015]

�� 475.305 [1977 c.636 �1; 1979 c.674 �1; repealed by 1993 c.571 �30]

�� 475.306 [1999 c.4 �7; 2005 c.822 �2; 2009 c.595 �967; 2015 c.614 �84; renumbered 475B.433 in 2015]

�� 475.309 [1999 c.4 �4; 1999 c.825 �2; 2003 c.14 �306; 2005 c.822 �3; 2007 c.573 �3; 2009 c.595 �968; 2013 c.726 �5; 2015 c.736 ��103,116; renumbered 475B.415 in 2015]

�� 475.312 [1999 c.4 �13; 2009 c.595 �969; 2015 c.614 �80b; renumbered 475B.418 in 2015]

�� 475.314 [2013 c.726 �2; 2014 c.79 �5; 2015 c.614 �86; renumbered 475B.450 in 2015]

�� 475.315 [1977 c.636 �2; 1979 c.674 �2; repealed by 1993 c.571 �30]

�� 475.316 [1999 c.4 �5; 1999 c.825 �3; 2005 c.822 �13; 2007 c.573 �4; 2009 c.595 �970; 2015 c.614 �87b; renumbered 475B.478 in 2015]

�� 475.319 [1999 c.4 �6; 1999 c.825 �4; 2005 c.22 �347; 2005 c.822 �12; 2015 c.614 �87a; renumbered 475B.480 in 2015]

�� 475.320 [2005 c.822 �9; 2007 c.573 �5; 2009 c.595 �971; 2013 c.726 �6; 2015 c.614 �82; renumbered 475B.428 in 2015]

�� 475.323 [1999 c.4 �8; 1999 c.825 �5; 2005 c.22 �348; 2013 c.726 �7; 2015 c.614 �90b; renumbered 475B.490 in 2015]

�� 475.324 [2005 c.822 �10; repealed by 2015 c.614 �175a]

�� 475.325 [1977 c.636 �3; 1979 c.674 �3; repealed by 1993 c.571 �30]

�� 475.326 [1999 c.4 �9; 2005 c.822 �11; 2015 c.614 �90c; renumbered 475B.483 in 2015]

�� 475.328 [1999 c.4 �10; 2005 c.822 �4; 2015 c.614 �90d; renumbered 475B.485 in 2015]

�� 475.331 [1999 c.4 �12; 2005 c.822 �5; 2009 c.595 �972; 2013 c.726 �8; 2015 c.614 �90e; renumbered 475B.460 in 2015]

�� 475.334 [1999 c.4 �14; 2009 c.595 �973; 2015 c.614 �90f; renumbered 475B.517 in 2015]

�� 475.335 [1977 c.636 �4; 1979 c.674 �4; repealed by 1993 c.571 �30]

�� 475.338 [1999 c.4 �15; 2009 c.595 �974; 2015 c.614 �90g; renumbered 475B.525 in 2015]

�� 475.340 [1999 c.4 �16; 2015 c.614 �90h; renumbered 475B.413 in 2015]

�� 475.342 [1999 c.4 �11; 2015 c.614 �90i; renumbered 475B.515 in 2015]

�� 475.345 [1977 c.636 �5; 1979 c.674 �5; repealed by 1993 c.571 �30]

�� 475.346 [1999 c.4 �1; renumbered 475B.405 in 2015]

�� 475.355 [1977 c.636 �6; 1979 c.674 �6; repealed by 1993 c.571 �30]

�� 475.360 [1979 c.674 �10; repealed by 1993 c.571 �30]

�� 475.365 [1977 c.636 �7; 1979 c.674 �7; repealed by 1993 c.571 �30]

�� 475.375 [1977 c.636 �8; 1979 c.674 �8; repealed by 1993 c.571 �30]

MISCELLANEOUS DRUGS

(1,1-Difluoroethane)

�� 475.376 Prohibition on retail sale of aerosol duster that contains 1,1-Difluoroethane to individual under 18 years of age; labeling requirement; exceptions; penalties. (1) As used in this section:

�� (a) �Aerosol duster� means a product used to clean electronics and other items by means of an aerosol sprayed from a pressurized container.

�� (b) �1,1-Difluoroethane� or �DFE� means a colorless, odorless gas with the chemical formula C2H4F2, often used as a refrigerant or propellant and that has a Chemical Abstract Service Registry Number of 75-37-6.

�� (2) An entity that makes retail sales of aerosol dusters that contain DFE may not sell an aerosol duster that contains DFE to an individual who is under 18 years of age.

�� (3)(a) Prior to selling or delivering an aerosol duster that contains DFE to an individual, an entity or employee of the entity shall require the individual to produce one of the following pieces of identification in order to verify that the individual is at least 18 years of age:

�� (A) A passport;

�� (B) A driver license, whether issued in this state or by another state;

�� (C) An identification card issued under ORS 807.400;

�� (D) An identification card issued by the United States military; or

�� (E) Any other identification card issued by a state that bears a picture of the individual, the name of the individual, the date of birth of the individual and a physical description of the individual.

�� (b) The piece of identification presented must establish that the individual is at least 18 years of age and accurately describe the individual.

�� (4) An entity described in subsection (2) of this section:

�� (a) Shall maintain the entity�s inventory of aerosol dusters that contain DFE in a location that is not directly accessible to the public.

�� (b) May not sell or deliver more than three aerosol dusters containing DFE to an individual in a single transaction.

�� (c) May sell or deliver an aerosol duster that contains DFE through an order pickup or delivery system, including through a third-party delivery platform. An entity that sells or delivers an aerosol duster that contains DFE under this paragraph shall ensure that the individual who receives the aerosol duster through the order pickup or delivery system is at least 18 years of age.

�� (5) An aerosol duster that contains DFE may not be sold or delivered unless the aerosol duster bears a label that:

�� (a) Includes, in a font size at least the same size as any other warning labels on the aerosol duster:

�� (A)(i) The statement: �DANGER: DEATH! Breathing this product to get high can kill you�; and

�� (ii) The poison control center phone number of 1-800-222-1222; or

�� (B) A statement substantially similar to the following:

�� (i) �Deliberate misuse by concentrating and inhaling the contents of this product can be harmful or fatal!�; or

�� (ii) �Intentional misuse by deliberately concentrating and inhaling the vapors from this product can be harmful or fatal!�; or

�� (b) Otherwise complies with the Federal Hazardous Substances Act, 15 U.S.C. 1261 et seq., and regulations adopted under the Federal Hazardous Substances Act.

�� (6) Subsections (3) and (4) of this section do not apply to sales or deliveries of aerosol dusters that contain DFE made to manufacturers, distributors, retailers, office wholesalers or other business entities.

�� (7) Violation of this section is a Class C misdemeanor. It is an affirmative defense to a charge of violating subsection (2) of this section that the defendant reasonably and in good faith relied on a piece of identification described in subsection (3) of this section. [2025 c.239 �1]

�� Note: 475.376 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 475 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Dextromethorphan)

�� 475.380 Prohibition on retail sale of dextromethorphan to individual 17 years of age or younger; penalties; exceptions. (1) For purposes of this section and ORS 475.382 and 475.384, �finished drug product� means a drug marketed in accordance with federal Food and Drug Administration requirements that is in a finished dosage form.

�� (2)(a) A business that makes retail sales of a finished drug product containing dextromethorphan, or an employee of the business, may not sell or deliver the finished drug product to an individual who is 17 years of age or younger.

�� (b) An individual who is 17 years of age or younger may not purchase or receive a finished drug product containing dextromethorphan from a business that makes retail sales of the finished drug product.

�� (3)(a) Violation of subsection (2)(a) of this section:

�� (A) Is punishable by a warning from a law enforcement agency for the first violation.

�� (B) Is punishable by a specific fine violation in an amount not to exceed:

�� (i) $150 for the second violation; and

�� (ii) $250 for the third or subsequent violation.

�� (b) Violation of subsection (2)(b) of this section:

�� (A) Is punishable by a warning from a law enforcement agency for the first violation.

�� (B) Is punishable by a specific fine violation in an amount not to exceed $50 for the second or subsequent violation.

�� (4) Subsection (2)(a) of this section does not apply to a business or an employee who sells or delivers a finished drug product containing dextromethorphan if:

�� (a) Based on the outward appearance of the individual to whom the finished drug product is sold or delivered, a person would reasonably presume that the individual is 25 years of age or older; or

�� (b) Before selling or delivering the finished drug product to an individual:

�� (A) The business or employee requires the individual to present one of the following pieces of identification:

�� (i) A passport;

�� (ii) A driver license, whether issued in this state or by another state;

�� (iii) An identification card issued under ORS 807.400;

�� (iv) An identification card issued by the United States military; or

�� (v) Any other identification card issued by a state that bears a picture of the individual, the name of the individual, the date of birth of the individual and a physical description of the individual;

�� (B) The piece of identification presented establishes that the individual is 18 years of age or older;

�� (C) The piece of identification presented accurately describes the individual; and

�� (D) If the piece of identification presented was falsified, a reasonable person would determine, upon inspecting the piece of identification under the same or similar circumstances, that the piece of identification was not altered and accurately describes the individual.

�� (5) This section does not apply to the sale, delivery, purchase or receipt of a finished drug product containing dextromethorphan if the finished drug product is sold or delivered pursuant to a valid prescription. [2017 c.345 �1]

�� Note: 475.380 to 475.386 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 475 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 475.382 Limitation on compliance requirements. ORS 475.380 may not be construed to impose on a business that makes retail sales of a finished drug product containing dextromethorphan any compliance requirement other than manually obtaining and verifying proof of age as a condition of sale. For purposes of this section, compliance requirements include any requirement to place a finished drug product in a specific location within the business, any restriction on an individual�s direct access to the finished drug product and any requirement to keep and maintain records of transactions involving the finished drug product. [2017 c.345 �2]

�� Note: See note under 475.380.

�� 475.384 Trade association list of marketed products containing dextromethorphan; ability to request. Any trade association representing manufacturers of over-the-counter finished drug products containing dextromethorphan must provide to any requesting business that makes retail sales a list of the finished drug products containing dextromethorphan marketed by the trade association�s members. A business may make a request pursuant to this section only once per year. [2017 c.345 �3]

�� Note: See note under 475.380.

�� 475.386 State preemption. Except as expressly authorized by law, the authority to regulate the sale, delivery, purchase, receipt or possession of a product containing dextromethorphan in this state is vested solely in the Legislative Assembly. [2017 c.345 �4]

�� Note: See note under 475.380.

(Nitrous Oxide)

�� 475.390 Prohibition on retail sale of nitrous oxide to individual under 18 years of age; proof of age; online orders; penalties. (1) A business, or an employee of a business, that makes retail sales of nitrous oxide canisters from which an individual may directly inhale nitrous oxide may not sell or deliver a nitrous oxide canister described in this subsection to an individual who is under 18 years of age.

�� (2)(a) Prior to selling or delivering a nitrous oxide canister described in subsection (1) of this section to an individual, a business or employee of the business shall require the individual to produce one of the following pieces of identification in order to verify that the individual is at least 18 years of age:

�� (A) A passport;

�� (B) A driver license, whether issued in this state or by another state;

�� (C) An identification card issued under ORS 807.400;

�� (D) An identification card issued by the United States military; or

�� (b) The piece of identification presented must establish that the individual is at least 18 years of age and accurately describe the individual.

�� (3)(a) If the retail sale of a nitrous oxide canister described in subsection (1) of this section is made through an online ordering system for delivery to an individual recipient located in this state, the business making the retail sale may not complete the delivery unless the business, or the employee or agent of the business making the delivery:

�� (A) Obtains the signature of the recipient of the nitrous oxide canister; and

�� (B) Verifies by inspecting the individual�s identification, as described in subsection (2) of this section, that the recipient is at least 18 years of age.

�� (b) In order to meet the requirements of this subsection, a business may use an identification verification software or application that is generally accepted as reliable and accurate by the industry in which the business engages.

�� (4)(a) Except as provided in paragraph (b) of this subsection, violation of this section is a Class A violation.

�� (b) Violation of this section is a Class C misdemeanor if at the time of sentencing the person has been convicted and sentenced, during a prior proceeding, under this section. [2017 c.402 �1; 2025 c.66 �1]

�� Note: 475.390 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 475 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Kratom)

�� 475.392 Short title. ORS 475.394 to 475.404 shall be known and may be cited as the Oregon Kratom Consumer Protection Act. [2022 c.41 �1]

�� Note: 475.392 to 475.404 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 475 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 475.394 Definitions for ORS 475.394 to 475.404. As used in ORS 475.394 to 475.404:

�� (1) �Kratom product� means a food, food product, food ingredient, dietary ingredient, dietary supplement or beverage for human consumption containing any part of the leaf of the plant Mitragyna speciosa.

�� (2) �Processor� means a person that sells, distributes or exposes for sale kratom products on a wholesale basis to a retailer.

�� (3) �Retailer� means a person that sells, distributes or exposes for sale kratom products to individuals for personal consumption. [2022 c.41 �2]

�� Note: See note under 475.392.

�� 475.396 Prohibition on unregistered processing; civil penalty. (1) A processor may not sell, distribute or expose for sale a kratom product prior to registering with the Department of Revenue under ORS 475.404.

�� (2) A processor that violates subsection (1) of this section is subject to a civil penalty of not more than $500 for the first offense and not more than $1,000 for a second or subsequent offense.

�� (3) Except as otherwise provided by state tax law or the department by rule or order, a civil penalty imposed under this section may be appealed as a contested case proceeding under ORS chapter 183. [2022 c.41 �3]

�� Note: See note under 475.392.

�� 475.398 Prohibition on sale, distribution, exposure of kratom product to minor; penalty. (1) A retailer may not sell, distribute or expose for sale a kratom product to an individual under 21 years of age.

�� (2) A retailer that violates subsection (1) of this section is guilty of a Class C misdemeanor for each violation. [2022 c.41 �4]

�� Note: See note under 475.392.

�� 475.400 Department of Revenue suspense account. The Department of Revenue shall deposit all moneys collected under ORS 475.396 and 475.404 in a suspense account established under ORS 293.445. The department may pay expenses for the administration and enforcement of ORS 475.394 to 475.404 with moneys from the suspense account. The department shall pay refunds, if any, with moneys in the suspense account. Moneys necessary to pay administrative and enforcement expenses and refunds are continuously appropriated to the department from the suspense account. [2022 c.41 �5]

�� Note: See note under 475.392.

�� 475.402 Application of ORS chapters 305, 314 to civil penalties. Except as otherwise provided or where the context requires otherwise, the provisions of ORS chapters 305 and 314 as to the determination and notice of deficiencies, assessments, collections, liens, delinquencies, claims for refund and refunds, stays of collection pending appeal, confidentiality of registration and the related civil penalties, and the related procedures, apply to the determination of civil penalties imposed under ORS 475.396 and registration fees imposed under ORS

ORS 475C.301

475C.301;

�� (g) An authorized tribal police officer as defined in ORS 181A.940; or

�� (h) A judicial marshal appointed under ORS 1.177 who is trained pursuant to ORS 181A.540.

�� (4) �Reserve officer� means an officer or member of a law enforcement agency who is:

�� (a) A volunteer or employed less than full-time as a peace officer commissioned by a city, port, school district, mass transit district, county, county service district authorized to provide law enforcement services under ORS 451.010, the Criminal Justice Division of the Department of Justice, the Oregon State Lottery Commission or the Governor or a member of the Department of State Police;

�� (b) Armed with a firearm; and

�� (c) Responsible for enforcing the criminal laws and traffic laws of this state or laws or ordinances relating to airport security. [1973 c.836 �62; 1979 c.656 �1; 1981 c.808 �1; 1991 c.67 �25; 1993 c.254 �1; 1995 c.651 �6; 2009 c.11 �8; 2011 c.506 �7; 2011 c.641 �1; 2011 c.644 ��13,39; 2012 c.54 ��6,7; 2012 c.67 ��3,4; 2013 c.154 ��4,5; 2013 c.180 �8,9; 2015 c.174 �4; 2015 c.614 ��137,138; 2021 c.286 �1]

�� 133.007 Sufficiency of information or complaint; previous convictions; use of statutory language. (1) An information or complaint is sufficient if it can be understood therefrom that:

�� (a) The defendant is named, or if the name of the defendant cannot be discovered, the defendant is described by a fictitious name, with the statement that the real name of the defendant is unknown to the complainant.

�� (b) The offense was committed within the jurisdiction of the court, except when, as provided by law, the act, though done without the county in which the court is held, is triable within.

�� (c) The offense was committed at some time prior to the filing of the information or complaint and within the time limited by law for the commencement of an action therefor.

�� (2) The information or complaint shall not contain allegations that the defendant has previously been convicted of any offense that might subject the defendant to enhanced penalties.

�� (3) Words used in a statute to define an offense need not be strictly followed in the information or complaint, but other words conveying the same meaning may be used. [1973 c.836 �63; 2005 c.22 �101]

�� 133.010 [Amended by 1965 c.508 �1; repealed by 1973 c.836 �358]

�� 133.015 Contents of information or complaint. An information or complaint shall contain substantially the following:

�� (1) The name of the court in which it is filed;

�� (2) The title of the action;

�� (3) A statement that accuses the defendant or defendants of the designated offense or offenses;

�� (4) A separate accusation or count addressed to each offense charged, if there be more than one;

�� (5) A statement in each count that the offense charged therein was committed in a designated county;

�� (6) A statement in each count that the offense charged therein was committed on, or on or about, a designated date, or during a designated period of time;

�� (7) A statement of the acts constituting the offense in ordinary and concise language, without repetition, and in such manner as to enable a person of common understanding to know what is intended; and

�� (8) The verification by the complainant and the date of the signing of the information or complaint. An information or complaint charging a defendant with an offense, other than an offense punishable as a felony, shall be deemed verified by the complainant if it contains a form of certificate in which the complainant certifies, under the penalties described in ORS 133.992, that the complainant has sufficient grounds to believe, and does believe, that the defendant named in the information or complaint committed the offense specified in the information or complaint. [1973 c.836 �64; 2015 c.250 �1]

�� 133.020 Magistrate defined. A magistrate is an officer having power to issue a warrant for the arrest of a person charged with the commission of a crime.

�� 133.030 Who are magistrates. The following persons are magistrates:

�� (1) Judges of the Supreme Court;

�� (2) Judges of the Court of Appeals;

�� (3) Judges of the circuit court;

�� (4) County judges and justices of the peace; and

�� (5) Municipal judges. [Amended by 1961 c.724 �27; 1969 c.198 �59; 1977 c.746 �1; 1995 c.658 �72]

�� 133.033 Peace officer; community caretaking functions. (1) Except as otherwise expressly prohibited by law, any peace officer is authorized to perform community caretaking functions.

�� (2) As used in this section, �community caretaking functions� means any lawful acts that are inherent in the duty of the peace officer to serve and protect the public. �Community caretaking functions� includes, but is not limited to:

�� (a) The right to enter or remain upon the premises of another if it reasonably appears to be necessary to:

�� (A) Prevent serious harm to any person or property;

�� (B) Render aid to injured or ill persons; or

�� (C) Locate missing persons.

�� (b) The right to stop or redirect traffic or aid motorists or other persons when such action reasonably appears to be necessary to:

�� (A) Prevent serious harm to any person or property;

�� (B) Render aid to injured or ill persons; or

�� (C) Locate missing persons.

�� (3) Nothing contained in this section shall be construed to limit the authority of a peace officer that is inherent in the office or that is granted by any other provision of law. [1991 c.959 �1; 2011 c.506 �9; 2011 c.644 �14]

�� 133.035 Ex parte emergency protective orders; service; expiration; contempt proceeding; required availability of judges; fees; forms. (1) A peace officer may inform a person in danger of abuse of the officer�s ability to apply for an ex parte emergency protective order and, with the person�s consent or permission, may apply to a circuit court for the order when the peace officer has probable cause to believe:

�� (a)(A) The peace officer has responded to an incident of domestic disturbance and the circumstances for mandatory arrest as described in ORS 133.055 (2)(a) exist; or

�� (B) The person is in immediate danger of abuse by a family or household member; and

�� (b) An emergency protective order is necessary to prevent the person from suffering the occurrence or recurrence of abuse.

�� (2)(a) An application for an emergency protective order described in subsection (1) of this section shall consist of the proposed emergency protective order and the peace officer�s declaration under penalty of perjury setting forth the facts and circumstances underlying entry of the order.

�� (b) The proposed emergency protective order and the declaration may be sent to the court by electronic transmission that delivers a complete printable image of the order and signed declaration.

�� (3) Upon examination of the application, a circuit court may enter an emergency protective order if the court finds there is probable cause that:

�� (a)(A) The peace officer has responded to an incident of domestic disturbance and the circumstances for mandatory arrest as described in ORS 133.055 (2)(a) exist; or

�� (B) A person is in immediate danger of abuse by a family or household member; and

�� (b) An emergency protective order is necessary to prevent a person from suffering the occurrence or recurrence of abuse.

�� (4) An emergency protective order entered under subsection (3) of this section shall:

�� (a) Restrain the respondent from contacting the person protected by the order and from intimidating, molesting, interfering with or menacing the person, or attempting to intimidate, molest, interfere with or menace the protected person;

�� (b) Include the findings of probable cause authorizing issuance of the order;

�� (c) State the date that the order expires; and

�� (d) State a security amount for a violation of the order.

�� (5) If the circuit court enters an emergency protective order under subsection (3) of this section:

�� (a) The peace officer shall provide, without charge, a certified true copy of the emergency protective order to the protected person and shall ensure that certified true copies of the order and the declaration are filed with the court.

�� (b) A peace officer shall serve the respondent personally. Upon completion of service, the peace officer shall prepare a declaration under penalty of perjury of proof of service verifying that the emergency protective order was served personally on the respondent, file a copy of the declaration with the court and enter the order into the Law Enforcement Data System maintained by the Department of State Police.

�� (c) If the peace officer cannot complete service within one day of the emergency protective order�s entry, the peace officer shall notify the court that the documents have not been served.

�� (6) Entry into the Law Enforcement Data System constitutes notice to all law enforcement agencies of the existence of the emergency protective order. Law enforcement agencies shall establish procedures adequate to ensure that an officer at the scene of an alleged violation of the emergency protective order may be informed of the existence and terms of the order. The emergency protective order is fully enforceable in any county or tribal land in this state.

�� (7)(a) An emergency protective order expires seven calendar days from the date the court signs the order.

�� (b) An emergency protective order shall remain in effect until the order expires or is terminated by court order. If the order is terminated by court order, the clerk of the court shall immediately cause to be delivered a copy of the termination order to the peace officer who originally applied for the order. Upon receipt of the termination order, the peace officer shall promptly remove the emergency protective order from the Law Enforcement Data System.

�� (8)(a) A contempt proceeding for an alleged violation of an emergency protective order must be conducted by the circuit court that issued the order or by the circuit court for the county in which the alleged violation of the order occurs.

�� (b) Pending a contempt hearing for an alleged violation of an emergency protective order, a person arrested and taken into custody pursuant to ORS 133.310 may be released as provided in ORS 135.230 to 135.290.

�� (9) The presiding judge of the circuit court in each county shall designate at least one judge to be reasonably available to enter, in person or by electronic transmission, ex parte emergency protective orders at all times whether or not the court is in session.

�� (10) A peace officer acting in good faith shall not be liable in any civil action for applying to or not applying to a circuit court for an ex parte emergency protective order under this section.

�� (11) A filing fee, service fee or hearing fee may not be charged for proceedings for ex parte emergency protective orders under this section.

�� (12) The Department of State Police shall develop forms for emergency protective orders and declarations and shall submit the forms for approval by the State Court Administrator, the Oregon State Sheriffs� Association and the Oregon Association Chiefs of Police. After obtaining approval, the department shall ensure that the forms are appropriately distributed and available for use.

�� (13) As used in this section, �peace officer� has the meaning given that term in ORS 161.015. [2015 c.252 �1]

�� Note: 133.035 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 133 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 133.037 [1971 c.743 �289; 1973 c.836 �33; renumbered 131.655]

�� 133.040 [Repealed by 1965 c.508 �8]

�� 133.042 Deflection and diversion encouraged; notice of completion. (1) Law enforcement agencies in this state are encouraged to, in lieu of citation or arrest, or after citation or arrest but before referral to the district attorney, refer a person to a deflection program when the person is suspected of committing, or has been cited or arrested for, unlawful possession of a controlled substance constituting a drug enforcement misdemeanor under ORS 475.896.

�� (2) District attorneys in this state are encouraged to divert for assessment, treatment and other services, in lieu of conviction, cases involving unlawful possession of a controlled substance constituting a drug enforcement misdemeanor under ORS

ORS 477.089

477.089 and 477.092 and subsections (4) to (7) of this section, whenever any person, without lawful authority, willfully injures or severs from the land of another any produce thereof or cuts down, girdles or otherwise injures or carries off any tree, timber or shrub on the land of another person, or of the state, county, United States or any public corporation, or on the street or highway in front of any person�s house, or in any village, town or city lot, or cultivated grounds, or on the common or public grounds of any village, town or city, or on the street or highway in front thereof, in an action by such person, village, town, city, the United States, state, county, or public corporation, against the person committing such trespasses if judgment is given for the plaintiff, it shall be given for treble the amount of damages claimed, or assessed for the trespass. In any such action, upon plaintiff�s proof of ownership of the premises and the commission by the defendant of any of the acts mentioned in this section, it is prima facie evidence that the acts were committed by the defendant willfully, intentionally and without plaintiff�s consent.

�� (2) A court may, in its discretion, award to a prevailing party under subsection (1) of this section reimbursement of reasonable costs of litigation including but not limited to investigation costs and attorney fees.

�� (3) A court may, in its discretion, award to a prevailing plaintiff under subsection (1) of this section reasonable costs of reforestation activities related to the injury sustained by the plaintiff.

�� (4) A contract logger is liable only for actual damages in an action under this section if:

�� (a) The contract logger conducts an operation under a signed, written contract with a person the contract logger reasonably believes to be the legal owner of the produce, trees, timber or shrubs in the operation area;

�� (b) The contract identifies the operation area by a metes and bounds description or other sufficient legal description;

�� (c) Before the contract logger begins harvesting in the operation area, the person who engages the contract logger under the contract:

�� (A) Locates, marks and protects from damage all survey monuments in the operation area;

�� (B) Flags, stakes or otherwise clearly marks the boundaries of the operation area; and

�� (C) Provides the contract logger with a copy of the deed, contract or other instrument that the person who engages the contract logger under the contract relies upon as proof of ownership of the produce, trees, timber or shrubs in the operation area;

�� (d) The contract logger verifies the deed, contract or instrument described in paragraph (c)(C) of this subsection against the metes and bounds description or other sufficient legal description in the contract;

�� (e) The contract logger retains a copy of the deed, contract or instrument described in paragraph (c)(C) of this subsection for at least three years; and

�� (f) The contract logger does not receive written notice that any person has a claim of title to the land or timber in the operation area that is adverse to the person who engages the contract logger under the contract.

�� (5) Subsection (4) of this section does not affect an action for double or treble damages against a contract logger for damages outside the operation area as described in subsection (4) of this section.

�� (6) If an action is brought under this section against a contract logger, and the contract logger was engaged to harvest the timber by a person who purported to own the timber or to have authority to harvest the timber, the person who engaged the contract logger must be joined in the action as a defendant unless jurisdiction over the person cannot be had. If a judgment is entered against the contract logger and against the person who engaged the contract logger, the contract logger shall not be required to pay any part of the judgment unless the plaintiff establishes that the judgment cannot be enforced against the person who engaged the contract logger. The plaintiff may enforce the judgment against the contract logger only if:

�� (a) The plaintiff makes a good faith effort for at least six months after the judgment becomes final and subject to execution to enforce the judgment against the person who engaged the contract logger; and

�� (b) The court determines, upon motion of the plaintiff, that all or part of the judgment cannot be collected from the person who engaged the contract logger.

�� (7) Subsections (2) and (3) of this section apply in an action against a contract logger under subsection (4) of this section.

�� (8) For purposes of this section:

�� (a) �Contract logger� means a person engaged in a commercial timber harvesting operation.

�� (b) �Operation� has the meaning given that term in ORS 527.620. [Amended by 1995 c.721 �1; 1999 c.544 �1; 2013 c.307 �4; 2022 c.33 �77]

�� 105.815 When double damages are awarded for trespass; exception. (1) Except as provided in subsection (3) of this section, if, upon the trial of an action included in ORS

ORS 479.995

479.995. This subsection does not require a city or county to assume full responsibility for enforcement, inspection and administration of the electrical safety laws if the only enforcement performed by the city or county involves manufactured dwelling electrical utility connections.

�� (3) The department, subject to ORS chapter 183, shall revoke any authority of a city or county to carry on inspections, enforcement or administration of electrical installations and electrical products under ORS 455.148 or 455.150 if the department determines that the city or county fails to comply with standards adopted by the board or otherwise is not effectively carrying out duties assumed by the city or county under this section.

�� (4)(a) Except as provided in paragraph (b) of this subsection, a city or county may not contract with competing electrical contractors to provide permit inspection of electrical installations.

�� (b) A city or county may contract with competing electrical contractors to provide permit inspection of electrical installations on a temporary basis by a supervising electrician if:

�� (A) Emergency circumstances exist; and

�� (B) The city or county has requested that the department perform permit inspections and the department is unable to respond in a timely manner.

�� (c) Nothing in this subsection prohibits a city or county from contracting with another city or county to perform permit inspections of electrical installations by a supervising electrician.

�� (5) A city or county that performs electrical installation inspections shall perform license enforcement inspections as a part of routine installation inspections. [1981 c.815 �37; 1987 c.575 �1; 1991 c.368 �3; 1991 c.373 �1; 1991 c.439 �1; 1993 c.451 �3; 2001 c.573 �20]

�� 479.860 Persons authorized to design, plan and lay out electrical installations; rules. (1) Notwithstanding any other provision of law, a person who is the holder of a supervising electrician�s license:

�� (a) Who is employed by the holder of an electrical contractor�s license may design, plan and lay out electrical installations for customers of the electrical contractor without obtaining any other license, permit or certificate; or

�� (b) Who is employed by an industrial plant may design, plan and lay out electrical installations for that industrial plant.

�� (2) The Director of the Department of Consumer and Business Services, after consultation with the Electrical and Elevator Board and the State Board of Examiners for Engineering and Land Surveying, may adopt rules designating classes of board licensees that may design, plan and lay out noncomplex electrical installations. Licensees are not subject to any requirement for an additional license, permit, certificate or registration when engaging in the design, planning or laying out of electrical installations as authorized by a rule adopted under this subsection. [1987 c.384 �2; 2005 c.570 �1]

�� 479.870 Electrical and Elevator Board to prescribe uniform fee calculation and permit format; review; rules. (1) The Electrical and Elevator Board shall provide by rule for a statewide uniform method of calculating permit fees and a standardized permit application format.

�� (2) Notwithstanding the provisions of subsection (1) of this section, the board shall provide by rule for a separate limited energy electrical activity permit and the conditions that apply to the permit.

�� (3) The board shall adopt rules setting standards for timely review, personnel to conduct review and other plan review requirements. [1989 c.591 �2; 1991 c.529 �9; subsection (3) enacted as 1991 c.439 �2; 2001 c.728 �3]

�� 479.905 Definitions for ORS 479.870 and 479.905 to 479.945. For the purposes of ORS 479.870 and 479.905 to 479.945, except where the context requires otherwise:

�� (1) �Class A limited energy technician� means a person licensed to install, alter and repair all limited energy systems.

�� (2) �Class B limited energy technician� means a person licensed to install, alter and repair all limited energy systems that do not include protective signaling, including but not limited to:

�� (a) HVAC;

�� (b) Medical;

�� (c) Boiler controls;

�� (d) Intercom and paging systems;

�� (e) Clock systems;

�� (f) Data telecommunication installations; and

�� (g) Instrumentation.

�� (3) �HVAC� means thermostat and associated control wiring of heating, ventilation, air conditioning and refrigeration systems. �HVAC� does not include boiler controls.

�� (4) �Limited energy electrical activity� means installation, alteration, maintenance, replacement or repair of electrical wiring and electrical products that do not exceed 100 volt-amperes in Class 2 and Class 3 installations, or that do not exceed 300 volt-amperes for landscape low voltage lighting systems that are cord connected to a ground fault circuit interrupter receptacle, under the electrical specialty code and the Low-Rise Residential Dwelling Code.

�� (5) �Protective signaling� includes fire alarm, nurse call, burglar alarm, security and voice evacuation systems and other systems that are part of a fire or life safety system. [1991 c.529 �3; 1999 c.519 �1; 2001 c.728 �4; 2003 c.675 �45]

�� 479.910 Limited energy technician license; compliance with other laws; fees; continuing education. (1) Upon payment of an application or renewal fee, the Department of Consumer and Business Services shall issue a Class B limited energy technician license to a person who qualifies under ORS 479.915. A person licensed under this section may perform limited energy electrical activity except protective signaling as defined in ORS 479.905.

�� (2) A person licensed under this section shall comply with the permit and code compliance requirements under ORS 479.510 to 479.945.

�� (3) The application fee, and the renewal fee, for a Class B limited energy technician license are the same as those for a Class A limited energy technician license.

�� (4) The Electrical and Elevator Board shall establish continuing education requirements for persons licensed under this section, not to exceed 24 hours of classes every three years. [1991 c.529 �2; 1999 c.1031 �10; 2001 c.728 �5; 2003 c.14 �332; 2007 c.271 �6]

�� 479.915 Limited energy technician license requirements. (1) An applicant for a Class B limited energy technician license must:

�� (a) Submit proof satisfactory to the Electrical and Elevator Board that the person has:

�� (A) At least two years of experience as an apprentice in limited energy electrical activity; or

�� (B) At least two years of experience equivalent to an apprenticeship in limited energy electrical activity and completed a board-approved 32-hour training program; and

�� (b) Pass a written examination approved by the board and administered by the Department of Consumer and Business Services.

�� (2) An applicant for a Class A limited energy technician license must:

�� (a) Submit proof satisfactory to the board that the person has completed at least three years of experience as an apprentice, or the equivalent as determined by the board by rule, in a recognized branch of the electrical trade; and

�� (b) Pass a written examination prepared by the board and administered by the department.

�� (3) The board shall determine the adequacy of any training program for qualification under the requirements of this section and ORS 479.910 and section 1, chapter 728, Oregon Laws 2001.

�� (4) The department shall issue a Class A limited energy technician license to a person who qualifies under subsection (2) of this section and pays the required fees. [1991 c.529 �4; 2001 c.728 �6; 2007 c.548 �4]

�� 479.920 [1991 c.529 �5; repealed by 2001 c.728 �10]

�� 479.930 [1991 c.529 �6; 1993 c.497 �2; repealed by 2001 c.728 �10]

�� 479.940 Activities not subject to licensure under ORS 479.510 to 479.945; identification cards. (1) The licensure provisions of ORS 479.510 to 479.945 do not apply to the following activity on Class II and III systems in one and two family dwellings regulated under the Low-Rise Residential Dwelling Code:

�� (a) Prewiring of cable television and telephone systems owned by the owner of the residence;

�� (b) Garage door openers;

�� (c) Vacuum systems;

�� (d) Audio and stereo systems;

�� (e) HVAC;

�� (f) Landscape sprinkler controls;

�� (g) Landscape lighting; and

�� (h) Doorbells.

�� (2) The provisions of subsection (1) of this section apply only to residential contractors holding a current license and proper endorsement issued by the Construction Contractors Board.

�� (3)(a) The licensure provisions of ORS 479.510 to 479.945 do not apply to a landscape contracting business licensed under ORS 671.510 to 671.760 when making installations of landscape irrigation control wiring and outdoor landscape lighting involving a Class II or Class III system that does not exceed 30 volts and 750 volt-amperes.

�� (b) A landscape contracting business exempt from licensing under this subsection shall issue an identification card to its landscape irrigation control wiring or outdoor landscape lighting installer. The form for the identification card shall be provided by the State Landscape Contractors Board. The identification card shall include the name of the installer, the name and State Landscape Contractors Board identification number of the landscape contracting business and the date of issue of the identification card. The card shall be carried by the installer at the job site when performing the allowed electric installations.

�� (4) The licensure provisions of ORS 479.510 to 479.945 do not apply to limited energy electrical activity involving the installation, maintenance or repair of lottery equipment at retail locations by employees or vendors of the Oregon State Lottery Commission. The exemption provided by this subsection does not authorize work by unlicensed persons on systems of 115 volts or more.

�� (5) All nonlicensure requirements of ORS 479.510 to 479.945, including permits for and compliance with the electrical specialty code, apply to activities conducted under subsections (1) to (4) of this section. If any person or business repeatedly violates the permit or code compliance requirements, in addition to any other remedy, the Electrical and Elevator Board may suspend, condition or revoke a person�s or business�s right to use this provision. [1991 c.529 �7; 1999 c.402 �4; 2001 c.728 �7; 2003 c.14 �333; 2003 c.675 �46; 2007 c.385 �1; 2007 c.541 �5a; 2007 c.836 �46]

�� 479.943 Activities not subject to licensure under ORS 479.905 to 479.945. The licensure provisions of ORS

ORS 480.200

480.200 to 480.290 and 480.990 (6) do not apply to:

�� (1) The possession of an explosive by a member of the Armed Forces of the United States while on active duty and engaged in the performance of official duties or by a member of a regularly organized public law enforcement agency, public fire department or fire protection agency while engaged in the performance of official duties.

�� (2) The possession of an explosive in the course of transportation by way of railroad, water, highway or air while under the jurisdiction of, or in conformity with, regulations adopted by the United States Department of Transportation. [1971 c.518 �2; 1987 c.158 �108; 1999 c.980 �2]

�� 480.210 Certificate, license or permit required; display upon demand; defenses. (1) A person may not possess an explosive unless:

�� (a) The person has in immediate possession at all times during the possession of the explosive a valid certificate of possession issued to the person under ORS 480.235;

�� (b) The person possesses a license or permit issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives of a type that authorizes the possession; or

�� (c) The person is listed as a responsible person or employee possessor under a license or permit described in paragraph (b) of this subsection.

�� (2) A person in possession of an explosive shall display a certificate of possession or federal license or permit upon the demand of the State Fire Marshal, an assistant to the State Fire Marshal, a magistrate or a law enforcement agency, public fire department or fire protection agency of this state.

�� (3) It is a defense to a charge under subsection (1) of this section that the person so charged produce in court:

�� (a) A certificate described in subsection (1)(a) of this section that was valid at the time of the arrest of the person;

�� (b) Proof that the person has a license or permit issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives of a type authorizing the person to possess the explosives; or

�� (c) Proof that the person is listed as a responsible person or employee possessor under a license or permit described in paragraph (b) of this subsection. [1971 c.518 �3; 1999 c.980 �3; 2007 c.71 �159; 2009 c.164 �1]

�� 480.215 Transfer of explosives limited. Possession of an explosive may not be transferred unless:

�� (1) The transferee holds a certificate of possession under ORS 480.235 and the certificate is valid at the time of the transfer;

�� (2) The transferee holds a license or permit issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives of a type that authorizes possession of the explosive by the transferee; or

�� (3) The transferee is a consignee of explosives that have been transported under the jurisdiction of or in conformity with regulations adopted by the United States Department of Transportation. [1971 c.518 �4; 1981 c.635 �2; 1999 c.980 �4; 2001 c.104 �219; 2007 c.71 �160; 2009 c.164 �2]

�� 480.220 [1971 c.518 �5; repealed by 1989 c.982 �7]

�� 480.225 Eligibility for certificate of possession. (1) A person is eligible for a certificate of possession under ORS 480.235 if:

�� (a) The person has not been convicted, or found guilty except for insanity under ORS 161.295, of a misdemeanor involving violence, as defined in ORS 166.470, within the previous four years. A person who has been so convicted is eligible under this subsection following the expiration of seven years after the date of final and unconditional discharge from all imprisonment, probation and parole resulting from the conviction.

�� (b) The person has not been convicted, or found guilty except for insanity under ORS 161.295, of, and is not under indictment for, any felony.

�� (c) The person is not a fugitive from justice, has no outstanding warrants for arrest and is not free on any form of pretrial release for any offenses listed in paragraphs (a) and (b) of this subsection.

�� (d) The person has not been determined to be a person with mental illness under ORS 426.130 or to have an intellectual disability under ORS 427.290. A person who previously has been so determined is eligible under this subsection if, at the time of application for such a certificate, the person produces a certified copy of a full discharge from the proper state hospital. The Oregon Health Authority shall provide the State Fire Marshal with direct electronic access to the authority�s database of information identifying persons meeting the criteria of this section who were committed or subject to an order under ORS 426.130. The State Fire Marshal and the authority shall enter into an agreement describing the access to information under this subsection.

�� (e) The person is at least 21 years of age.

�� (f) The person does not use a fictitious name or make a material misrepresentation in application for such a certificate.

�� (g)(A) The person has not been convicted of, and is not under indictment for, a criminal offense involving a controlled substance as defined in ORS 475.005, other than the offense of driving under the influence of intoxicants.

�� (B) Notwithstanding subparagraph (A) of this paragraph, a person who has had a certificate denied or revoked due to conviction of a criminal offense involving a controlled substance is eligible under this section following the expiration of seven years after the date of final and unconditional discharge from all imprisonment, probation and parole resulting from the conviction.

�� (h) The person has been discharged from the jurisdiction of the juvenile court for more than four years for an act that, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470.

�� (i) The person is not the subject of a restraining order that alleges the person�s possession of explosives presents a credible threat to another person.

�� (j) The person has passed an examination administered by the State Fire Marshal that assesses the person�s knowledge of safety in the transportation and storage of explosives as required under federal and state laws and regulations pertaining to explosives. The State Fire Marshal shall examine each applicant prior to issuance of a certificate of possession to the applicant. The State Fire Marshal may by rule establish and collect an examination fee in an amount necessary to cover the cost of administering the examination.

�� (k) The person certifies on the application for a certificate of possession that all explosives in the person�s possession will be used, stored and transported in accordance with federal, state and local requirements.

�� (L) The person certifies that all explosives will be possessed, used, stored and transported in accordance with federal, state and local requirements.

�� (2) Subsection (1)(a) and (b) of this section does not apply to a conviction or indictment that has been expunged from a person�s record under the laws of this state or equivalent laws of another jurisdiction. [1971 c.518 �6; 1981 c.635 �3; 1983 c.100 �4; 1985 c.362 �1; 1999 c.980 �5; 2007 c.70 �275; 2009 c.595 �981; 2011 c.658 �40; 2011 c.720 �206; 2013 c.360 �61]

�� 480.230 Application for certificate of possession; fee. A person desiring a certificate of possession shall apply on application forms provided by the Department of the State Fire Marshal. The forms shall be completed in full and shall include:

�� (1) The applicant�s legal name, current address and current telephone number;

�� (2) The applicant�s date of birth;

�� (3) A statement by the applicant that the applicant is eligible for a certificate of possession under ORS 480.225;

�� (4) The number of the certificate of registration issued under ORS 480.244 for the explosives magazine where the applicant intends to store the explosives;

�� (5) Any other information that the issuing authority may require to readily identify the applicant;

�� (6) A certification, signed and dated by the applicant, that the information contained in the application is true; and

�� (7) A nonrefundable application fee of $50 for a three-year certificate. [1971 c.518 �7; 1983 c.100 �2; 1999 c.980 �6; 2021 c.539 �140]

�� 480.235 Waiting period for issuance of certificate of possession; investigation of applicant; authority of investigating body to require fingerprints; term of certificate; assignment or transfer prohibited; records required. (1) A certificate of possession shall be issued or denied within 45 days after the date of the application or the conclusion of the investigation conducted by the issuing authority pursuant to subsection (2) of this section.

�� (2) The issuing authority shall conduct an investigation to ensure that the applicant meets the requirements listed in ORS 480.225 and 480.230. The issuing authority shall include fingerprinting and photographic identification in the investigation. The issuing authority may use fingerprints obtained under this subsection for the purpose of requesting a state or nationwide criminal records check under ORS 181A.195. Unless the issuing authority finds that the applicant is ineligible under ORS 480.225 or 480.230, the authority shall issue a certificate of possession to the applicant. If the issuing authority finds that the applicant is ineligible under ORS 480.225 or 480.230, the authority shall issue a notification of denial. The denial is subject to the provisions of ORS

ORS 480.345

480.345 between the applicant and nonretail customers permitted to dispense fuel at the nonretail facility;

�� (c) A sworn statement, as defined in ORS 162.055, that information supplied in the application is true and correct; and

�� (d) An application fee of $300.

�� (3) The applicant for a nonretail facility license shall bear the burden of proof that the requirements of this section and of any rules of the State Fire Marshal adopted to implement this section are satisfied.

�� (4) In addition to any license or renewal fees, a licensee shall pay a fee of $30 every three years for each nonretail customer that enters into a written agreement with the owner or operator of the nonretail facility under ORS 480.345.

�� (5) A license issued under this section shall be valid for a period of three years from the date of issuance.

�� (6) A license may be renewed upon payment to the State Fire Marshal of a license renewal fee of $900.

�� (7) All fees received by the State Fire Marshal pursuant to this section shall be deposited with the State Treasurer and shall be placed in the State Fire Marshal Fund. [1991 c.863 �51; 1995 c.79 �292; 2010 c.107 ��11,12; 2025 c.155 �2]

�� 480.355 [1991 c.863 �56; 1995 s.s. c.3 �35; 1996 c.11 �2; 1997 c.463 �1; 1999 c.95 �1; 2001 c.104 �220; 2001 c.285 �3; repealed by 2025 c.155 �5]

�� 480.360 [1991 c.863 �50a; repealed by 2025 c.155 �5]

�� 480.365 Suspension, revocation, refusal to issue or renew nonretail facility license; procedure. In accordance with ORS chapter 183, the State Fire Marshal may revoke or suspend or may refuse to issue or renew a nonretail facility license if the State Fire Marshal finds that an applicant or a person to whom the license was issued:

�� (1) Falsified the application for the license; or

�� (2) Failed to comply with any provision of ORS 480.310 to 480.385 or any applicable rule adopted by the State Fire Marshal. [1991 c.863 �52]

�� 480.370 Subpoenas for investigation; effect of failure to comply. (1) The State Fire Marshal may issue subpoenas to compel the production of records, documents, books, papers, memoranda or other information necessary to determine compliance with any provision of ORS 480.310 to 480.385 or any rule adopted by the State Fire Marshal.

�� (2) If a person fails to comply with any subpoena issued under subsection (1) of this section, a judge of the circuit court of any county, on application of the State Fire Marshal, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from the circuit court. [1991 c.863 �54]

�� 480.375 Safety inspection of facilities by State Fire Marshal; audit; investigation of law violations. (1) The State Fire Marshal shall conduct an annual safety inspection at all nonretail and dual operations facilities dispensing Class 1 flammable liquids to determine if the facility is operating in compliance with the provisions of ORS 480.310 to 480.385 or of any applicable rule adopted by the State Fire Marshal.

�� (2) Every three years, the State Fire Marshal shall conduct audits of at least five percent of all nonretail accounts to determine if nonretail facilities are in compliance with the provisions of ORS 480.310 to 480.385 and any applicable rule adopted by the State Fire Marshal.

�� (3) The State Fire Marshal shall have the same authority to enter into all buildings and upon all dispensing facilities for the purpose of inspection as is specified in ORS chapter 476 relating to inspection of fire hazards.

�� (4) Upon receiving a complaint, or upon the State Fire Marshal�s own motion, the State Fire Marshal shall investigate whether a violation of any provision of ORS

ORS 488.727

488.727; 1997 c.577 �44; 2015 c.627 �6]

�� 830.865 Rules. In accordance with ORS chapter 183, the State Marine Board shall adopt rules necessary to carry out the provisions of ORS 830.850 to 830.860. [Formerly 488.728]

�� 830.870 Duplicate certificate of title; fee. Upon receipt of proof satisfactory to the State Marine Board from the holder of a certificate of title issued pursuant to ORS 830.850 to 830.860 that the certificate of title has been lost, mutilated, destroyed or stolen, the board shall issue to the holder a duplicate certificate of title for a fee of $50. [Formerly

ORS 493.095

493.095]

�� 837.055 Assignment of number; delivery of certificate of registration; duplicate certificates; applications as public records. (1) Upon receipt of an application for registration of any aircraft and payment of the required license fee, the Director of the Oregon Department of Aviation shall assign to the application and the aircraft to be registered a distinctive number and register the facts stated in the application and the number in an index to be kept for that purpose.

�� (2) A certificate of registration, bearing the same number assigned to the application, and in a form and design to be determined by the Oregon Department of Aviation, shall be delivered to the owner of the aircraft without further expense to such applicant.

�� (3) The following apply to the use and display of certificates of registration and other signs denoting registration for aircraft:

�� (a) The certificate of registration shall be carried in the aircraft at all times.

�� (b) No sign to denote registration of aircraft by the State of Oregon, other than those furnished by the director, shall be used.

�� (4) Duplicate certificates of registration may be obtained, upon proof of loss or destruction of the original, by application therefor to the department and the payment of $15 for each additional certificate. The facts stated in any application for registration shall be a public record and open to inspection by the public during reasonable office hours.

�� (5) Registration of an aircraft does not require, nor does it constitute, evidence of legal ownership of the aircraft. [Formerly 493.100; 1993 c.161 �1; 1993 c.741 �96; 1997 c.585 �4]

�� 837.060 Expiration and renewal of registrations; late fees. (1) All registrations under ORS 837.040 expire annually on the anniversary of the date the aircraft is originally registered with the Oregon Department of Aviation.

�� (2) The owner of an aircraft subject to renewal of registration shall renew the registration on or before the date of expiration by filing a form provided by the department and paying the fee for renewal of registration established in ORS 837.045. The department may impose a late fee on a person who fails to renew registration within the time required in the same manner and in the same amounts as late fees imposed under ORS 837.040. [Formerly 493.110; 1991 c.186 �3; 1997 c.585 �9; 2005 c.75 �4]

�� 837.065 Effect of paying aircraft registration fee with worthless check. If any person pays the aircraft registration fee to the Oregon Department of Aviation with a bank check and the check is returned to the department as uncollectible, the Director of the Oregon Department of Aviation shall charge the person the fee for dishonored checks under ORS 30.701 (5). If the person does not pay the fee charged under this section, the director may do all of the following:

�� (1) Suspend the registration in payment of which the check was presented; and

�� (2) Authorize any department employee or police officer to seize and recover the registration certificate and any other evidence of the suspended registration certificate. [Formerly

ORS 496.303

496.303.

�� (d) Notwithstanding ORS 496.146 (10), the commission, upon the recommendation of the Access and Habitat Board to fulfill the board�s charge of providing incentives to increase public access and habitat improvements to private land, may issue each year up to 10 elk and 10 deer tags to hunt deer or elk. The tags shall be auctioned or raffled to the highest bidder in a manner prescribed by the commission. The Access and Habitat Board, in recommending any tags, shall include a proposal as to the land on which each tag can be used and a percentage of funds received from the tags that may revert to the landowner if the tag is limited to private land. However, the percentage may not be more than 50 percent and the programs must, by written agreement, provide for public access and habitat improvements.

�� (3) The tags referred to in subsection (1) of this section are in addition to and not in lieu of the hunting licenses required by law.

�� (4) The commission may, at the time of issue only, indorse upon the tags referred to in subsection (1) of this section an appropriate designation indicating whether it is for a game animal to be taken with bow and arrow or with firearms, at the choice of the applicant. The commission may prescribe by rule that the holder of such a tag may not take the game animal by any other means than the tag so indorsed.

�� (5) Except as provided in subsection (6) of this section, a person is not eligible to obtain, in a lifetime, more than one controlled hunt tag issued by the commission to hunt mountain sheep and one controlled hunt tag issued by the commission to hunt mountain goat.

�� (6)(a) A person is eligible to obtain mountain sheep tags, antelope tags or mountain goat tags described in subsection (2)(a) and (b) of this section, regardless of whether the person has previously taken a mountain sheep, antelope or mountain goat or previously obtained a mountain sheep tag, antelope tag or mountain goat tag issued pursuant to subsection (1) or (2)(a) or (b) of this section.

�� (b) A person is eligible to obtain a tag described in subsection (1) or (2)(a) or (b) of this section for a female mountain sheep regardless of whether the person has previously taken a mountain sheep or previously obtained a tag for a mountain sheep issued pursuant to subsection (1) or (2)(a) or (b) of this section.

�� (7) The number of nonresident mountain goat tags and nonresident mountain sheep tags shall be decided by the commission, but:

�� (a) The number of nonresident mountain goat tags may not be less than five percent nor more than 10 percent of all mountain goat tags issued.

�� (b) The number of nonresident mountain sheep tags may not be less than five percent nor more than 10 percent of all mountain sheep tags issued.

�� (8) The number of tags issued by drawing under subsection (1)(o) of this section shall be decided by the commission, but for each class of tag so issued, the number may not be more than three percent of all tags of that class issued for hunting in a particular area except one nonresident tag may be issued for each hunt when the number of authorized tags is less than 35.

�� (9) The commission shall decide the number of tags in each class described under subsection (1)(b), (e), (g) and (m) of this section to be issued by drawing. However, the number of tags issued by drawing in each class may not be more than five percent of all tags of that class issued for hunting in a particular area except one nonresident tag may be issued for each hunt when the number of authorized tags is fewer than 35. The commission shall set the percentage by rule each year after holding a public hearing.

�� (10) If a controlled hunt for game mammals is undersubscribed during the primary controlled hunt drawing, the commission may issue the unallocated tags to licensed hunters at up to four times the standard tag fee. This controlled hunt tag program shall be in addition to and not replace any existing controlled hunt tag program.

�� (11) The commission by rule may authorize the issuance of free tags to hunt antelope, deer and elk to provide an incentive to increase compliance with hunting reporting requirements.

�� (12) The commission shall implement a program to encourage persons to report violations of the wildlife laws. The program shall include, but need not be limited to, provisions for offering a person either preference points in a scaled system determined by the commission, or a cash reward, for information leading to citations or arrest for unlawful take, possession, take while in violation of criminal trespass laws or waste of antelope, bear, cougar, deer, elk, moose, mountain goat, mountain sheep or wolf. [1973 c.723 �53; 1975 c.454 �3; 1975 c.487 �1a; 1979 c.715 �1; 1981 c.445 �6; 1985 c.60 �1; 1987 c.255 �2; 1991 c.364 �1; 1991 c.661 �2; 1993 c.336 �1; 1993 c.659 �21; 1997 c.225 �1; 1997 c.341 �1; 1999 c.624 �1; 1999 c.685 �1; 1999 c.1006 �5; amendments by 1999 c.1006 �15 repealed by 2001 c.949 �1; 2003 c.612 �1; 2003 c.644 �2; 2009 c.832 �6; 2011 c.523 �1; 2015 c.779 �14; 2017 c.144 �1; 2017 c.174 �1; 2019 c.100 �1; 2019 c.101 �1; 2019 c.103 �1; 2019 c.274 �2]

�� 497.115 [1971 c.530 �3; repealed by 1973 c.723 �130]

�� 497.116 Dedication of certain tags for qualified veteran use. (1) As used in this section:

�� (a) �Disabled veteran� and �veteran� have the meanings given those terms in ORS 408.225.

�� (b) �Organization� means a nonprofit organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code and has the principal purpose of granting hunting and fishing adventures for disabled veterans.

�� (c) �Qualified veteran� means a disabled veteran who is sponsored by an organization and who provides the State Department of Fish and Wildlife with documentation demonstrating that the veteran is a disabled veteran.

�� (2) Annually upon approval by the State Fish and Wildlife Director, notwithstanding ORS 497.112, the department may issue big game tags free of charge to organizations for use by qualified veterans. Tags issued under this section must be for black bear, deer, elk or pronghorn antelope.

�� (3)(a) Except as provided in subsection (4)(a) of this section, the department may not issue more than 20 tags annually under this section.

�� (b) The department may not issue an organization a total of more than five tags annually under this section. However, tags for black bear do not count toward the annual tag limit for an organization. An organization is limited to two tags for black bear annually.

�� (4)(a) If any tags made available under ORS 496.146 (19) to sponsors of hunting trips for terminally ill children have not been requested by a sponsor 30 days prior to the relevant open season, the department may make the unrequested tags available for issuance under this section. If any tags made available under this section have not been requested by an organization 30 days prior to the relevant open season, the department may make the unrequested tags available to sponsors described in ORS 496.146 (19).

�� (b) Not more than 10 of the total tags issued under this section and ORS 496.146 (19) in a year may be for hunting black bear. Not more than 10 of the total tags issued under this section and ORS 496.146 (19) in a year may be for hunting deer. Not more than 10 of the total tags issued under this section and ORS 496.146 (19) in a year may be for hunting elk. Not more than five of the total tags issued under this section and ORS 496.146 (19) in a year may be for hunting pronghorn antelope.

�� (5) A qualified veteran may obtain only one tag under this section annually. A tag issued under this section authorizes the taking of a single animal. A qualified veteran need not be a resident of this state.

�� (6) A qualified veteran may use a tag issued under this section to hunt within any wildlife management unit except specific area closures identified in department rules regulating the hunting of big game animals, Hart Mountain National Antelope Refuge and the Starkey Experimental Forest enclosure.

�� (7) A tag issued under this section does not exempt a qualified veteran from any requirement to:

�� (a) Comply with department rules regarding hunting hours;

�� (b) Hold a valid Oregon hunting license; and

�� (c) Use a lawful weapon to hunt the species for which the tag is issued. [2018 c.100 �2]

�� Note: 497.116 was added to and made a part of the wildlife laws by legislative action but was not added to ORS chapter 497 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 497.120 [Amended by 1955 c.358 �2; 1957 c.148 �1; 1959 c.221 �1; 1961 c.536 �1; 1967 c.278 �2; 1971 c.446 �7; repealed by 1973 c.723 �130]

�� 497.121 Angling and shellfish licenses and tags; rules. (1) The State Fish and Wildlife Commission may, upon application and payment of the applicable fees established by the fee schedule under ORS 497.061, issue the following licenses and tags to persons desiring to angle for fish or take shellfish:

�� (a) Resident annual angling license.

�� (b) Nonresident annual angling license.

�� (c) Nonresident angling license to angle for seven consecutive days.

�� (d) Angling and shellfish license to angle and take shellfish for one day.

�� (e) Angling license to angle for two days.

�� (f) Angling license to angle for three days.

�� (g) Resident annual shellfish license.

�� (h) Nonresident annual shellfish license.

�� (i) Nonresident three-day shellfish license.

�� (j) Two rod angling license for anglers who also hold a valid annual angling license.

�� (k) Resident annual senior citizen angling license for persons 70 years of age or older who have resided in the state for not less than five years prior to the date of application.

�� (L) Resident disabled veteran angling license for a person who files with the commission written proof that the last official certification of record by the United States Department of Veterans Affairs or by any branch of the Armed Forces of the United States shows the person to be at least 25 percent disabled.

�� (m) Resident disabled veteran shellfish license for a person who files with the commission written proof that the last official certification of record by the United States Department of Veterans Affairs or by any branch of the Armed Forces of the United States shows the person to be at least 25 percent disabled.

�� (n) Resident annual combined angling tag to angle for salmon, steelhead trout, sturgeon and halibut.

�� (o) Nonresident annual combined angling tag to angle for salmon, steelhead trout, sturgeon and halibut.

�� (p) Annual youth combined angling tag for persons under 18 years of age to angle for salmon, steelhead trout, sturgeon and halibut.

�� (q) Renewable tag to angle for hatchery salmon and steelhead.

�� (r) Rogue-South Coast steelhead validation.

�� (s) Rogue-South Coast wild steelhead harvest card.

�� (2) Any person who holds a valid permanent angling license for persons who are blind or a permanent angling license for persons in a wheelchair issued by the commission before January 1, 2000, need not obtain a resident annual angling license under this section.

�� (3) The annual combined angling tags to angle for salmon, steelhead trout, sturgeon and halibut referred to in subsection (1)(n), (o), (p) and (q) of this section and the Rogue-South Coast steelhead validation and Rogue-South Coast wild steelhead harvest card referred to in subsection (1)(r) and (s) of this section are in addition to and not in lieu of the angling licenses required by the wildlife laws. However, an annual combined angling tag to angle for salmon, steelhead trout, sturgeon and halibut is not required of a person who holds a valid angling license referred to in subsection (1)(c) to (f) of this section.

�� (4) The commission shall adopt rules concerning issuance of, and requirements related to, the Rogue-South Coast steelhead validation and the Rogue-South Coast wild steelhead harvest card described in subsection (1)(r) and (s) of this section. The rules must address when the validation and harvest card are required, relative to licenses, tags and permits that are required under the wildlife laws.

�� (5) Notwithstanding any other provision of the wildlife laws, the moneys received from the sale of the Rogue-South Coast steelhead validation and the Rogue-South Coast wild steelhead harvest card described in subsection (1)(r) and (s) of this section shall be credited to the Rogue-South Coast Research and Monitoring Subaccount established under ORS 496.303. [1973 c.723 �51; 1975 c.34 �1; 1975 c.454 �4; 1979 c.377 �2; 1981 c.445 �7; 1983 c.740 �202; 1985 c.60 �2; 1985 c.390 �1; 1991 c.67 �151; 1991 c.435 �1; 1993 c.619 �1; 1999 c.25 �5; 1999 c.1006 �6; amendments by 1999 c.1006 �16 repealed by 2001 c.949 �1; 2001 c.94 ��2,3; 2001 c.571 ��4,5; 2003 c.644 �3; 2003 c.656 �8; 2007 c.70 �277; 2009 c.41 �23; 2009 c.425 �2; 2009 c.832 �7; 2015 c.779 �15; 2022 c.56 �3]

(Temporary provisions relating to fees)

�� Note: Sections 3 and 8, chapter 734, Oregon Laws 2015, provide:

�� Sec. 3. Special dedication of fees through 2036. Notwithstanding any other provision of the wildlife laws, of the moneys received from the sale of the following licenses, the following amounts shall be deposited in the Oregon Hatchery Monitoring and Maintenance Fund:

�� (1) Resident annual combination license issued under ORS 497.132, $1.

�� (2) Resident annual angling license issued under ORS 497.121 (1)(a), $1.

�� (3) Angling and shellfish license to angle and take shellfish for one day issued under ORS

ORS 496.992

496.992.

�� (7) The board shall adopt rules to implement subsections (4) to (6) of this section, including rules that describe conduct that is a serious or repeated violation of a law, rule or regulation. [1983 c.655 �7; 1989 c.586 �1; 1995 c.736 �4; 1997 c.274 �45; 1999 c.1051 �277; 2005 c.22 �483; 2013 c.422 �9; 2015 c.438 �3; 2017 c.21 �124; 2017 c.293 �3; 2025 c.350 �7]

�� 704.045 Registration of fishing derby with board; exemption from outfitter and guide registration; fee. (1) For the purposes of this section, �fishing derby� or �derby� means a multiday, multistate angling event held in Oregon as a fund-raiser.

�� (2) An organizer of a fishing derby shall register the time and location of the derby with the State Marine Board if the organizer intends to use a guide registered or licensed in a state other than Oregon. Each derby registration shall be accompanied by a fee of $50.

�� (3) The board may, by permit, exempt a registered fishing derby from the outfitter and guide registration requirements under ORS 704.020 upon application to the board by the organizer of the derby. The board may place conditions on the exemption, including but not limited to the identification of outfitters and guides who are registered or licensed in a state other than Oregon, the display of guide boat numbers and the display of derby credentials by participants.

�� (4) A violation of any provision of this section shall result in the revocation of the exemption described in subsection (3) of this section and the denial of a future exemption for one year from the date of violation. [2001 c.183 �2]

�� 704.050 Cancellation of liability insurance; notice to board; suspension of registration. (1) If an insurance company cancels or refuses to renew insurance for an outfitter and guide required by ORS 704.020, the insurance company, not less than 30 days prior to the effective date of termination of the coverage, shall notify the State Marine Board in writing of the termination and its effective date.

�� (2) Upon receipt of an insurance coverage termination notice, the board shall send written notice to the outfitter and guide that on the effective date of the insurance coverage termination, the board will suspend the certificate of registration of the outfitter and guide unless proof of insurance required by ORS 704.020 is filed with the board prior to the effective date of the proposed insurance coverage termination.

�� (3) The board may suspend the certificate of registration issued to an outfitter and guide if the outfitter and guide fails to maintain in full force and effect the insurance required by ORS 704.020. A certificate of registration that has been suspended pursuant to this section may not be reinstated until proof of insurance required by ORS

ORS 496.996

496.996�� Attempts to take wildlife decoy as unlawful wildlife taking

GENERAL PROVISIONS

�� 496.002 Short title. ORS chapters 496, 497, 498 and 501 may be cited as the wildlife laws. [1973 c.723 �2]

�� 496.004 Definitions. As used in the wildlife laws, unless the context requires otherwise:

�� (1) �Angle� means to take or attempt to take a fish for personal use by means involving hook and line.

�� (2) �Commission� means the State Fish and Wildlife Commission created by ORS 496.090.

�� (3) �Compatible� means capable of existing in harmony so as to minimize conflict.

�� (4) �Department� means the State Department of Fish and Wildlife created by ORS 496.080.

�� (5) �Director� means the State Fish and Wildlife Director appointed pursuant to ORS 496.112.

�� (6) �Endangered species� means:

�� (a) Any native wildlife species determined by the commission to be in danger of extinction throughout any significant portion of its range within this state.

�� (b) Any native wildlife species listed as an endangered species pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as amended.

�� (7) �Fund� means the State Wildlife Fund created by ORS 496.300.

�� (8) �Fur-bearing mammal� means beaver, bobcat, fisher, marten, mink, muskrat, otter, raccoon, red fox and gray fox.

�� (9) �Game mammal� means antelope, black bear, cougar, deer, elk, moose, mountain goat, mountain sheep, silver gray squirrel and gray wolf as a special status mammal defined by commission rule.

�� (10) �Hunt� means to take or attempt to take any wildlife by means involving the use of a weapon or with the assistance of any mammal or bird.

�� (11) �Manage� means to protect, preserve, propagate, promote, utilize and control wildlife.

�� (12) �Optimum level� means wildlife population levels that provide self-sustaining species as well as taking, nonconsumptive and recreational opportunities.

�� (13) �Person with a disability� means a person who complies with the requirement of ORS 496.018.

�� (14) �Shellfish� has the meaning given that term in ORS 506.011.

�� (15) �Species� means any species or subspecies of wildlife.

�� (16) �Take� means to kill or obtain possession or control of any wildlife.

�� (17) �Threatened species� means:

�� (a) Any native wildlife species the commission determines is likely to become an endangered species within the foreseeable future throughout any significant portion of its range within this state.

�� (b) Any native wildlife species listed as a threatened species pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as amended.

�� (18) �Trap� means to take or attempt to take any wildlife by means involving the use of a trap, net, snare or other device used for the purpose of capture.

�� (19) �Wildlife� means fish, shellfish, amphibians and reptiles, feral swine as defined by State Department of Agriculture rule, wild birds as defined by commission rule and other wild mammals as defined by commission rule. [1973 c.723 �3; 1975 c.253 �5; 1977 c.136 �1; 1979 c.399 �1; 1979 c.615 �1a; 1985 c.60 �7; 1987 c.686 �1; 1991 c.67 �148; 1993 c.659 �1; 1999 c.25 �3; 2001 c.125 �1; 2003 c.656 �1; 2007 c.523 �1; 2009 c.778 �1]

�� 496.005 [Repealed by 1973 c.723 �130]

�� 496.006 [Formerly 497.505; 1961 c.343 �1; 1967 c.594 �1; 1971 c.658 �1; repealed by 1973 c.723 �130]

�� 496.007 �Game bird� defined. As used in the wildlife laws, unless the context requires otherwise, �game bird� means:

�� (1) Those members of the family Anatidae, commonly known as swans, geese, brant and river and sea ducks.

�� (2) Those members of the family Columbidae, commonly known as mourning doves and bandtailed pigeons.

�� (3) Those members of the family Tetranidae, commonly known as grouse, ptarmigan and prairie chickens.

�� (4) Those members of the family Phasianidae, commonly known as pheasants, quail and partridge.

�� (5) Those members of the family Meleagrididae, commonly known as wild turkey.

�� (6) Those members of the family Scolopacidae, commonly known as snipe and woodcock.

�� (7) Those members of the family Gruidae, commonly known as cranes.

�� (8) Those members of the family Rallidae, commonly known as rails, gallinules and coots. [1973 c.723 �4]

�� 496.008 [1957 c.268 �1; repealed by 1973 c.723 �130]

�� 496.009 �Game fish� defined. As used in the wildlife laws, unless the context requires otherwise, �game fish� means:

�� (1) Those members of the family Salmonidae, commonly known as trout, steelhead, char, grayling, Atlantic salmon and whitefish.

�� (2) Those members of the family Salmonidae, commonly known as salmon, when under 15 inches in length or when taken by angling.

�� (3) Those members of the family Ictaluridae, commonly known as freshwater catfish.

�� (4) Those members of the family Centrarchidae, commonly known as freshwater bass, sunfish and crappie.

�� (5) Those members of the family Acipenseridae, commonly known as green sturgeon and white sturgeon, when taken by angling.

�� (6) Perca flavescens, commonly known as yellow perch.

�� (7) Stizostedion vitreum, commonly known as walleye.

�� (8) Catostomus luxatus, commonly known as mullet.

�� (9) Morone saxatilis, commonly known as striped bass.

�� (10) Alosa sapidissima, commonly known as American shad, when taken by angling. [1973 c.723 ��5,131; 1999 c.1026 �18]

�� 496.010 [Amended by 1953 c.379 �2; 1957 c.250 �1; 1959 c.364 �1; 1963 c.30 �1; repealed by 1973 c.723 �130]

�� 496.012 Wildlife policy. It is the policy of the State of Oregon that wildlife shall be managed to prevent serious depletion of any indigenous species and to provide the optimum recreational and aesthetic benefits for present and future generations of the citizens of this state. In furtherance of this policy, the State Fish and Wildlife Commission shall represent the public interest of the State of Oregon and implement the following coequal goals of wildlife management:

�� (1) To maintain all species of wildlife at optimum levels.

�� (2) To develop and manage the lands and waters of this state in a manner that will enhance the production and public enjoyment of wildlife.

�� (3) To permit an orderly and equitable utilization of available wildlife.

�� (4) To develop and maintain public access to the lands and waters of the state and the wildlife resources thereon.

�� (5) To regulate wildlife populations and the public enjoyment of wildlife in a manner that is compatible with primary uses of the lands and waters of the state.

�� (6) To provide optimum recreational benefits.

�� (7) To make decisions that affect wildlife resources of the state for the benefit of the wildlife resources and to make decisions that allow for the best social, economic and recreational utilization of wildlife resources by all user groups. [1973 c.723 �6; 1993 c.659 �2; 2001 c.762 �6]

�� 496.015 [Amended by 1959 c.578 �1; repealed by 1973 c.723 �130]

�� 496.016 Applicability of wildlife laws to commercial fishing laws. Nothing in the wildlife laws is intended to affect any of the provisions of the commercial fishing laws. However, nothing in the commercial fishing laws is intended to authorize the taking of game fish in any manner prohibited by the wildlife laws. [1973 c.723 �7]

�� 496.018 Person with disability under wildlife laws. (1) In order to be considered a person with a disability under the wildlife laws, a person shall provide to the State Fish and Wildlife Commission either:

�� (a) Written certification from a licensed physician, licensed nurse practitioner or licensed physician associate that states that the person:

�� (A) Is permanently unable to walk without the use of, or assistance from, a brace, cane, crutch, prosthetic device, wheelchair, scooter or walker;

�� (B) Is restricted by lung disease to the extent that the person�s forced expiratory volume for one second, when measured by a spirometer, is less than 35 percent predicted, or arterial oxygen tension is less than 55 mm/Hg on room air at rest;

�� (C) Has a cardiac condition to the extent that the person�s functional limitations are classified in severity as Class III or Class IV, according to standards established by the American Heart Association;

�� (D) Has a permanent, physical impairment that prevents the person from holding or shooting a firearm or bow or from holding a fishing rod in hand; or

�� (E) Has central visual acuity that permanently does not exceed 20/200 in the better eye with corrective lenses, or the widest diameter of the visual field is no greater than 20 degrees; or

�� (b) Written proof that the last official certification of record by the United States Department of Veterans Affairs or any branch of the Armed Forces of the United States shows the person to be at least 65 percent disabled.

�� (2) In order to be considered a person with a disability under provisions of the wildlife laws that pertain to angling or harvesting shellfish, a person shall provide to the commission either:

�� (a) Written certification described in subsection (1)(a) of this section;

�� (b) Written proof described in subsection (1)(b) of this section; or

�� (c) Written certification from a licensed physician, licensed nurse practitioner or licensed physician associate that states that the person has an intellectual or developmental disability that prevents the person from holding or operating angling or shellfish harvesting equipment, including rods, reels, clam guns, shovels and other equipment typically used for angling or for harvesting shellfish. [1999 c.25 �2; 2001 c.571 �1; 2005 c.471 �12; 2007 c.587 �1; 2019 c.358 �17; 2024 c.73 �107; 2025 c.21 �1]

�� 496.020 [Amended by 1957 c.55 �1; 1957 c.471 �1; 1967 c.431 �1; repealed by 1973 c.723 �130]

�� 496.025 [Amended by 1965 c.149 �1; repealed by 1973 c.723 �130]

�� 496.030 [Repealed by 1973 c.723 �130]

�� 496.032 [1971 c.658 �31; repealed by 1973 c.723 �130]

�� 496.035 [Repealed by 1973 c.723 �130]

�� 496.040 [1953 c.184 �1; repealed by 1973 c.723 �130]

�� 496.045 [1953 c.184 �2; repealed by 1973 c.723 �130]

STATE DEPARTMENT OF FISH AND WILDLIFE; COMMISSION; DIRECTOR; DUTIES AND POWERS GENERALLY

�� 496.080 State Department of Fish and Wildlife. There is hereby established in the executive branch of the government of this state under the State Fish and Wildlife Commission a department to be known as the State Department of Fish and Wildlife. The department shall consist of the director of the department and all personnel employed in the department. [1975 c.253 �7; 1993 c.659 �3]

�� 496.085 Fish Screening Task Force; qualifications of members; duties. (1) There is established within the State Department of Fish and Wildlife the Fish Screening Task Force consisting of seven members appointed by the State Fish and Wildlife Commission.

�� (2) Three members shall be appointed to represent agricultural interests, three shall be appointed to represent fishing or fish conservation interests and one member shall be appointed to represent the public. Members of the task force shall serve for two-year terms. No member of the task force shall serve for more than three consecutive two-year terms.

�� (3) A member of the task force shall receive no compensation for services as a member. However, subject to any applicable law regulating travel and other expenses of state officers and employees, a member shall be reimbursed for actual and necessary travel and other expenses incurred in the performance of official duties from such moneys as may be available therefor in the State Wildlife Fund.

�� (4) The task force shall meet at such times and places as may be determined by the chair or by a majority of the members of the task force.

�� (5) The duties of the task force are:

�� (a) To advise the department in the development of a comprehensive cost-sharing program for the installation of fish screening or by-pass devices in water diversions.

�� (b) To advise the department in establishing a stable and equitable funding system for the installation and maintenance of fish screening and by-pass devices.

�� (c) To advise the department in identifying sources and applying for grants from local, state and federal governmental agencies for funding the installation and maintenance of fish screening and by-pass devices.

�� (d) To advise the department in monitoring fish screening programs.

�� (e) To advise the department in a survey and study of fish screening technology to determine the most cost-effective alternatives for screening in the various situations that may be encountered in the implementation of fish screening in this state.

�� (f) To advise the department in preparing a report on the capital costs and effectiveness of the program provided in ORS 498.306.

�� (g) To advise the department on the creation of the priority criteria and the priority listing referred to in ORS 498.306 (14)(a) or (d). [1991 c.858 �6; 1995 c.426 �3; 2005 c.22 �368; 2007 c.625 �5a]

�� 496.090 State Fish and Wildlife Commission; members; terms; qualifications; compensation and expenses. (1) There is established a State Fish and Wildlife Commission that shall consist of seven members appointed by the Governor.

�� (2) The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

�� (3) All appointments of members of the commission by the Governor are subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565.

�� (4) The Governor shall appoint:

�� (a) Two members of the commission from the regional river basin management area set forth in ORS 536.022 (3)(a);

�� (b) One member of the commission from the regional river basin management area set forth in ORS

ORS 497.061

497.061:

�� (a) Resident annual hunting license to hunt wildlife.

�� (b) Nonresident annual hunting license to hunt wildlife.

�� (c) Resident annual senior citizen hunting license to hunt wildlife for persons 70 years of age or older who have resided in the state for not less than five years prior to the date of application.

�� (d) Resident disabled veteran hunting license to hunt wildlife for a person who files with the commission written proof that the last official certification of record by the United States Department of Veterans Affairs or any branch of the Armed Forces of the United States shows the person to be at least 25 percent disabled.

�� (e) Resident uniformed services hunting license to hunt wildlife for a person who is a resident member of the uniformed services as defined in ORS 497.006.

�� (f) Resident annual private hunting preserve permit to hunt privately owned hunting preserve game birds.

�� (g) Nonresident annual private hunting preserve permit to hunt privately owned hunting preserve game birds.

�� (h) Nonresident hunting license to hunt migratory waterfowl and upland birds for three consecutive days.

�� (2) The hunting preserve permits referred to in subsection (1)(f) and (g) of this section are in lieu of the hunting licenses required by the wildlife laws. [1973 c.723 �50; 1975 c.454 �2; 1979 c.218 �1; 1979 c.377 �1a; 1979 c.774 �2c; 1981 c.445 �5; 1987 c.255 �1; 1991 c.67 �150; 1991 c.661 �1; 1993 c.659 �20; 1999 c.667 �2; 1999 c.1006 �4; amendments by 1999 c.1006 �14 repealed by 2001 c.949 �1; 2001 c.571 ��2,3; 2003 c.644 �1; 2009 c.41 �22; 2009 c.832 �5; 2015 c.779 �13]

�� 497.104 Access and habitat program funding. Notwithstanding any other provision of the wildlife laws, of the moneys received from the sale of the following licenses, the following amounts shall be deposited as provided for in ORS 496.242:

�� (1) Resident annual combination license issued under ORS 497.132, $4.

�� (2) Resident annual hunting license issued under ORS 497.102 (1)(a), $4.

�� (3) Nonresident annual hunting license issued under ORS 497.102 (1)(b), $4. [1993 c.659 �19; 1997 c.246 �1; 1999 c.1006 �12; 2003 c.203 �1; 2009 c.291 �1; 2015 c.779 �17; 2019 c.99 �2]

�� Note: 497.104 was added to and made a part of ORS chapter 497 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 497.110 [Amended by 1955 c.358 �1; 1967 c.278 �1; 1971 c.446 �6; repealed by 1973 c.723 �130]

�� 497.112 Hunting tags; restrictions; violation reporting; rules. (1) The State Fish and Wildlife Commission may issue to applicants desiring to hunt wildlife the following tags and shall charge the applicable fees under the fee schedule in ORS 497.061:

�� (a) Resident annual elk tag to hunt elk.

�� (b) Nonresident annual elk tag to hunt elk.

�� (c) Special annual elk tag for holders of pioneer combination licenses or disabled veteran hunting licenses to hunt elk.

�� (d) Resident annual deer tag to hunt deer.

�� (e) Nonresident annual deer tag to hunt deer.

�� (f) Resident annual black bear tag to hunt black bear.

�� (g) Nonresident annual black bear tag to hunt black bear.

�� (h) Resident annual mountain sheep tag to hunt mountain sheep.

�� (i) Nonresident annual mountain sheep tag to hunt mountain sheep.

�� (j) Resident annual mountain goat tag to hunt mountain goat.

�� (k) Nonresident annual mountain goat tag to hunt mountain goat.

�� (L) Resident annual cougar tag to hunt cougar.

�� (m) Nonresident annual cougar tag to hunt cougar.

�� (n) Resident annual antelope tag to hunt antelope.

�� (o) Nonresident annual antelope tag to hunt antelope.

�� (p) Resident annual turkey tag to hunt turkey.

�� (q) Resident annual youth turkey tag to hunt turkey.

�� (r) Nonresident annual youth turkey tag to hunt turkey.

�� (s) Nonresident annual turkey tag to hunt turkey.

�� (t) Outfitter and guide annual deer tag for a nonresident to hunt deer.

�� (u) Outfitter and guide annual elk tag for a nonresident to hunt elk.

�� (2)(a) Notwithstanding ORS 496.146 (10), the commission may issue each year one special tag that is auctioned to the highest bidder in a manner prescribed by the commission for each of the following:

�� (A) Mountain sheep;

�� (B) Antelope; and

�� (C) Mountain goat.

�� (b) In addition to the tags referred to in paragraph (a) of this subsection, the commission may issue each year one special tag that is raffled in a manner prescribed by the commission for each of the following:

�� (A) Mountain sheep;

�� (B) Antelope; and

�� (C) Mountain goat.

�� (c) Moneys received under this subsection for:

�� (A) Mountain sheep tags shall be placed in the Mountain Sheep Subaccount established in ORS

ORS 497.308

497.308.

�� (5) Nothing in this section affects any provision of ORS 498.164. [2011 c.284 �3]

WILDLIFE LAW VIOLATOR COMPACT

�� 496.750 Wildlife Law Violator Compact. The Wildlife Violator Compact is hereby enacted into law and entered into on behalf of this state with all other states legally joining therein in a form substantially as follows:

ARTICLE I

FINDINGS, DECLARATION OF POLICY AND PURPOSE

�� (a) The party states find that:

�� (1) Wildlife resources are managed in trust by the respective states for the benefit of all residents and visitors.

�� (2) The protection of their respective wildlife resources can be materially affected by the degree of compliance with state statute, law, regulation, ordinance or administrative rule relating to the management of those resources.

�� (3) The preservation, protection, management and restoration of wildlife contributes immeasurably to the aesthetic, recreational and economic aspects of these natural resources.

�� (4) Wildlife resources are valuable without regard to political boundaries, therefore, all persons should be required to comply with wildlife preservation, protection, management and restoration laws, ordinances and administrative rules and regulations of all party states as a condition precedent to the continuance or issuance of any license to hunt, fish, trap or possess wildlife.

�� (5) Violation of wildlife laws interferes with the management of wildlife resources and may endanger the safety of persons and property.

�� (6) The mobility of many wildlife law violators necessitates the maintenance of channels of communications among the various states.

�� (7) In most instances, a person who is cited for a wildlife violation in a state other than the person�s home state:

�� (i) Must post collateral or bond to secure appearance for a trial at a later date; or

�� (ii) If unable to post collateral or bond, is taken into custody until the collateral or bond is posted; or

�� (iii) Is taken directly to court for an immediate appearance.

�� (8) The purpose of the enforcement practices described in paragraph (7) of this subdivision is to insure compliance with the terms of a wildlife citation by the person who, if permitted to continue on the person�s way after receiving the citation, could return to the person�s home state and disregard the person�s duty under the terms of the citation.

�� (9) In most instances, a person receiving a wildlife citation in the person�s home state is permitted to accept the citation from the officer at the scene of the violation and to immediately continue on the person�s way after agreeing or being instructed to comply with the terms of the citation.

�� (10) The practice described in paragraph (7) of this subdivision causes unnecessary inconvenience and, at times, a hardship for the person who is unable at the time to post collateral, furnish a bond, stand trial or pay the fine, and thus is compelled to remain in custody until some alternative arrangement can be made.

�� (11) The enforcement practices described in paragraph (7) of this subdivision consume an undue amount of law enforcement time.

�� (b) It is the policy of the party states to:

�� (1) Promote compliance with the statutes, laws, ordinances, regulations and administrative rules relating to management of wildlife resources in their respective states.

�� (2) Recognize the suspension of wildlife license privileges of any person whose license privileges have been suspended by a party state and treat this suspension as if it had occurred in their state.

�� (3) Allow violators to accept a wildlife citation, except as provided in subdivision (b) of Article III, and proceed on the violator�s way without delay whether or not the person is a resident in the state in which the citation was issued, provided that the violator�s home state is party to this compact.

�� (4) Report to the appropriate party state, as provided in the compact manual, any conviction recorded against any person whose home state was not the issuing state.

�� (5) Allow the home state to recognize and treat convictions recorded for their residents which occurred in another party state as if they had occurred in the home state.

�� (6) Extend cooperation to its fullest extent among the party states for obtaining compliance with the terms of a wildlife citation issued in one party state to a resident of another party state.

�� (7) Maximize effective use of law enforcement personnel and information.

�� (8) Assist court systems in the efficient disposition of wildlife violations.

�� (c) The purpose of this compact is to:

�� (1) Provide a means through which the party states may participate in a reciprocal program to effectuate policies enumerated in subdivision (b) of this Article in a uniform and orderly manner.

�� (2) Provide for the fair and impartial treatment of wildlife violators operating within party states in recognition of the person�s right of due process and the sovereign status of a party state.

ARTICLE II

DEFINITIONS

�� As used in this compact, unless the context requires otherwise:

�� (a) �Citation� means any summons, complaint, ticket, penalty assessment or other official document issued by a wildlife officer or other peace officer for a wildlife violation containing an order which requires the person to respond.

�� (b) �Collateral� means any cash or other security deposited to secure an appearance for trial, in connection with the issuance by a wildlife officer or other peace officer of a citation for a wildlife violation.

�� (c) �Compliance� with respect to a citation means the act of answering the citation through appearance at a court, a tribunal or payment of fines, costs and surcharges, if any, or both such appearance and payment.

�� (d) �Conviction� means a conviction, including any court conviction, of any offense related to the preservation, protection, management or restoration of wildlife which is prohibited by state statute, law, regulation, ordinance or administrative rule, or a forfeiture of bail, bond or other security deposited to secure appearance by a person charged with having committed any such offense, or payment of a penalty assessment, or a plea of nolo contendere, or the imposition of a deferred or suspended sentence by the court.

�� (e) �Court� means a court of law, including Magistrate�s Court and Justice Court.

�� (f) �Home state� means the state of primary residence of a person.

�� (g) �Issuing state� means the party state which issues a wildlife citation to the violator.

�� (h) �License� means any license, permit or other public document which conveys to the person to whom it was issued the privilege of pursuing, possessing or taking any wildlife regulated by statute, law, regulation, ordinance or administrative rule of a party state.

�� (i) �Licensing authority� means the department or division within each party state which is authorized by law to issue or approve licenses or permits to hunt, fish, trap, or possess wildlife.

�� (j) �Party state� means any state which enacts legislation to become a member of this Wildlife Compact.

�� (k) �Personal recognizance� means an agreement by a person made at the time of issuance of the wildlife citation that the person will comply with the terms of that citation.

�� (L) �State� means any state, territory or possession of the United States, the District of Columbia, Commonwealth of Puerto Rico, Provinces of Canada or other countries.

�� (m) �Suspension� means any revocation, denial or withdrawal of any or all license privileges, including the privilege to apply for, purchase or exercise the benefits conferred by any license.

�� (n) �Terms of the citation� means those conditions and options expressly stated upon the citation.

�� (o) �Wildlife� means all species of animals, including but not necessarily limited to mammals, birds, fish, reptiles, amphibians, mollusks and crustaceans, which are defined as �wildlife� and are protected or otherwise regulated by statute, law, regulation, ordinance or administrative rule in a party state. Species included in the definition of �wildlife� vary from state to state and determination of whether a species is �wildlife� for the purposes of this compact shall be based on local law.

�� (p) �Wildlife law� means any statute, law, regulation, ordinance or administrative rule developed and enacted to manage wildlife resources and the use thereof.

�� (q) �Wildlife officer� means any individual authorized by a party state to issue a citation for a wildlife violation.

�� (r) �Wildlife violation� means any cited violation of a statute, law, regulation, ordinance or administrative rule developed and enacted to manage wildlife resources and the use thereof.

ARTICLE III

PROCEDURES FOR ISSUING STATE

�� (a) When issuing a citation for a wildlife violation, a wildlife officer shall issue a citation to any person whose primary residence is in a party state in the same manner as if the person were a resident of the home state and shall not require the person to post collateral to secure appearance, subject to the exceptions contained in subdivision (b) of this Article, if the officer receives the person�s personal recognizance that the person will comply with the terms of the citation.

�� (b) Personal recognizance is acceptable:

�� (1) If not prohibited by local law or the compact manual; and

�� (2) If the violator provides adequate proof of the violator�s identification to the wildlife officer.

�� (c) Upon conviction or failure of a person to comply with the terms of a wildlife citation, the appropriate official shall report the conviction or failure to comply to the licensing authority of the party state in which the wildlife citation was issued. The report shall be made in accordance with procedures specified by the issuing state and shall contain the information specified in the compact manual as minimum requirements for effective processing by the home state.

�� (d) Upon receipt of the report of conviction or noncompliance required by subdivision (c) of this Article, the licensing authority of the issuing state shall transmit to the licensing authority in the home state of the violator the information in a form and content as contained in the compact manual.

ARTICLE IV

PROCEDURES FOR HOME STATE

�� (a) Upon receipt of a report of failure to comply with the terms of a citation from the licensing authority of the issuing state, the licensing authority of the home state shall notify the violator, shall initiate a suspension action in accordance with the home state�s suspension procedures and shall suspend the violator�s license privileges until satisfactory evidence of compliance with the terms of the wildlife citation has been furnished by the issuing state to the home state licensing authority. Due process safeguards will be accorded.

�� (b) Upon receipt of a report of conviction from the licensing authority of the issuing state, the licensing authority of the home state shall enter such conviction in its records and shall treat such conviction as if it occurred in the home state for the purposes of the suspension of license privileges.

�� (c) The licensing authority of the home state shall maintain a record of actions taken and make reports to issuing states as provided in the compact manual.

ARTICLE V

RECIPROCAL RECOGNITION

OF SUSPENSION

�� All party states shall recognize the suspension of license privileges of any person by any state as if the violation on which the suspension is based had in fact occurred in their state and could have been the basis for suspension of license privileges in their state.

ARTICLE VI

APPLICABILITY OF OTHER LAWS

�� Except as expressly required by provisions of this compact, nothing herein shall be construed to affect the right of any party state to apply any of its laws relating to license privileges to any person or circumstance, or to invalidate or prevent any agreement or other cooperative arrangements between a party state and a nonparty state concerning wildlife law enforcement.

ARTICLE VII

COMPACT ADMINISTRATOR

PROCEDURES

�� (a) For the purpose of administering the provisions of this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a board of compact administrators is established. The board shall be composed of one representative from each of the party states to be known as the compact administrator. The compact administrator shall be appointed by the head of the licensing authority of each party state and will serve and be subject to removal in accordance with the laws of the state the administrator represents. A compact administrator may provide for the discharge of the administrator�s duties and the performance of the administrator�s functions as a board member by an alternate. An alternate may not be entitled to serve unless written notification of the alternate�s identity has been given to the board.

�� (b) Each member of the board of compact administrators shall be entitled to one vote. No action of the board shall be binding unless taken at a meeting at which a majority of the total number of votes on the board are cast in favor thereof. Action by the board shall be only at a meeting at which a majority of the party states are represented.

�� (c) The board shall elect annually, from its membership, a chairperson and vice-chairperson.

�� (d) The board shall adopt bylaws, not inconsistent with the provisions of this compact or the laws of a party state, for the conduct of its business and shall have the power to amend and rescind its bylaws.

�� (e) The board may accept for any of its purposes and functions under this compact all donations and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States or any governmental agency, and may receive, utilize and dispose of the same.

�� (f) The board may contract with or accept services or personnel from any governmental or intergovernmental agency, individual, firm, corporation or any private nonprofit organization or institution.

�� (g) The board shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted pursuant to board action shall be contained in the compact manual.

ARTICLE VIII

ENTRY INTO COMPACT

AND WITHDRAWAL

�� (a) This compact shall become effective when it has been adopted by at least two states.

�� (b) (1) Entry into the compact shall be made by resolution of ratification executed by the authorized officials of the applying state and submitted to the chairperson of the board.

�� (2) The resolution shall be in a form and content as provided in the compact manual and shall include statements that in substance are as follows:

�� (i) A citation of the authority by which the state is empowered to become a party to this compact;

�� (ii) Agreement to comply with the terms and provisions of the compact; and

�� (iii) That compact entry is with all states then party to the compact and with any state that legally becomes a party to the compact.

�� (3) The effective date of entry shall be specified by the applying state, but shall not be less than 60 days after notice has been given by the chairperson of the board of the compact administrators or by the secretariat of the board to each party state that the resolution from the applying state has been received.

�� (c) A party state may withdraw from this compact by official written notice to the other party states, but a withdrawal shall not take effect until 90 days after notice of withdrawal is given. The notice shall be directed to the compact administrator of each member state. No withdrawal shall affect the validity of this compact as to the remaining party states.

ARTICLE IX

AMENDMENTS TO THE COMPACT

�� (a) This compact may be amended from time to time. Amendments shall be presented in resolution form to the chairperson of the board of compact administrators and may be initiated by one or more party states.

�� (b) Adoption of an amendment shall require endorsement by all party states and shall become effective 30 days after the date of the last endorsement.

�� (c) Failure of a party state to respond to the compact chairman within 120 days after receipt of the proposed amendment shall constitute endorsement.

ARTICLE X

CONSTRUCTION AND SEVERABILITY

�� This compact shall be liberally construed so as to effectuate the purposes stated herein. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, individual, or circumstance is held invalid, the compact shall not be affected thereby. If this compact shall be held contrary to the constitution of any party state thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

ARTICLE XI

TITLE

�� This compact shall be known as the Wildlife Violator Compact.

[1989 c.1056 �2]

PERMIT FOR WATER FOR HYDROELECTRIC PURPOSES

�� 496.815 Definitions for ORS 496.815 to 496.825. As used in ORS 496.815 to 496.825:

�� (1) �Department� means the State Department of Fish and Wildlife.

�� (2) �Director� means the State Fish and Wildlife Director.

�� (3) �Person� means an individual, corporation, association, firm, partnership, joint stock company, municipal corporations and all other political subdivisions of the State of Oregon. The federal government or any of its agencies are specifically excluded. [1985 c.674 �1]

�� 496.820 Permit or license fee. (1) Any person applying for a permit to appropriate water for hydroelectric purposes under ORS 537.150 to 537.252 or any person applying for a preliminary permit or license under ORS 543.010 to 543.610 shall pay an administration fee of $350 to the State Department of Fish and Wildlife.

�� (2) If a person pays the administration fee under subsection (1) of this section at the time the person applies for a preliminary permit under ORS 543.210, the person shall not also be required to pay the fee when applying for a license for the same project under ORS 543.010 to 543.610. [1985 c.674 �2]

�� 496.825 Application fee; exception. (1) In addition to any other fee required by law, at the time the person applies to the Water Resources Department for a license to operate a hydroelectric project under ORS 543.010 to 543.610 or for a permit to appropriate water for hydroelectric purposes under ORS 537.150 to 537.230, the person shall pay to the State Fish and Wildlife Director an application fee the amount of which shall be the greater of:

�� (a) $1,000; or

�� (b) Thirty-five cents for each kilowatt of proposed capacity of the project.

�� (2) The director shall postpone the payment of the fee under subsection (1) of this section for a permit to appropriate water under ORS 537.150 to 537.230 until the person submits final plans and specifications for the project to the Water Resources Department under ORS 537.150.

�� (3) Subsection (1) of this section shall not apply to any applicant for a permit or license for a project producing 100 theoretical horsepower or less. [1985 c.674 �3]

�� 496.830 Penalty fee. A person who fails to pay the fee required under section 4, chapter 674, Oregon Laws 1985, or the assessment under section 5, chapter 674, Oregon Laws 1985, or ORS 543.265 on the due date shall pay in addition to the assessed amount due, a penalty in the amount of one percent of the fee per month for the period that the fee is past due. The State Fish and Wildlife Director may bring an action to collect an unpaid fee or assessment in the name of the State of Oregon in the Circuit Court of Marion County or the circuit court of the county in which the project is located. The director shall be entitled to recover all costs and attorney fees incurred in the legal action. [1985 c.674 �7]

�� 496.835 Oregon Fish and Wildlife Hydroelectric Fund. (1) There is created within the State Treasury a revolving fund known as the Oregon Fish and Wildlife Hydroelectric Fund, separate and distinct from the General Fund. The moneys in this fund are continuously appropriated for use by the State Department of Fish and Wildlife in its activities related to hydroelectric projects including payment of necessary administrative expenses.

�� (2) The fund created by subsection (1) of this section shall consist of all moneys received under sections 4 and 5, chapter 674, Oregon Laws 1985, ORS 496.820 and 496.825 and moneys transferred from the Water Resources Department Hydroelectric Fund as provided in ORS 536.015.

�� (3) Moneys in the fund may be invested as provided in ORS 293.701 to 293.857. Interest from any source derived from the investment of the moneys of the fund shall be credited to the fund. [1985 c.674 �8; 1991 c.869 �3]

MISCELLANEOUS

�� 496.850 Community outreach and education regarding recreational harvesting of shellfish. (1) The State Department of Fish and Wildlife shall establish and administer a program for community outreach and education to provide residents of this state with guidance and instruction regarding opportunities for the recreational harvesting of shellfish. The department shall make information readily available to schools and members of the public through:

�� (a) Internet or other electronic means;

�� (b) Regulatory signs;

�� (c) Brochures, maps and other printed material;

�� (d) Workshops and clinics; and

�� (e) Special outreach events.

�� (2) In carrying out the program described in subsection (1) of this section, the department shall cooperate with Indian tribes and the Department of State Police in efforts to enhance the enforcement of commercial and recreational shellfish catch limits. [2019 c.654 �6]

�� Note: 496.850 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 496 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 496.860 Authorization to remove nonindigenous aquatic species. Notwithstanding ORS 498.042 and

ORS 498.012

498.012 relating to taking wildlife that is causing damage.

�� (4) Any person who violates subsection (1) of this section commits a Class A misdemeanor and, upon conviction, shall in addition to appropriate criminal penalties have the person�s privilege to apply for any hunting license suspended for a period of five years for a first offense and permanently suspended for any subsequent offense.

�� (5) For the purposes of this section, �bait� means any material placed for the purpose of attracting or attempting to attract bears. [1995 c.4 �1; 2003 c.248 �2; 2007 c.675 ��1,2; 2013 c.376 ��2,3; 2021 c.97 �64]

�� Note: 498.164 was enacted into law but was not added to or made a part of ORS chapter 498 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.

�� 498.166 Bears or cougars posing threat to human safety. (1) Notwithstanding the licensing and tag requirements of ORS 497.102, 497.112, 497.127 and 497.132, a person may take a cougar or bear that poses a threat to human safety.

�� (2) Any person who takes a cougar or bear pursuant to subsection (1) of this section shall immediately report the taking to a person authorized to enforce the wildlife laws and shall dispose of the animal in such manner as the State Fish and Wildlife Commission directs.

�� (3) Any regional office of the State Department of Fish and Wildlife ordering the disposal of an animal under subsection (2) of this section shall file a report with the State Fish and Wildlife Director within 30 days after the disposal. The report shall include but need not be limited to the disposition of the animal, the events leading to the taking of the animal and any injury caused by the animal to humans or domesticated animals. The director shall compile all reports received under this subsection on a bimonthly basis. The reports compiled by the director shall be available to the public upon request.

�� (4) As used in this section:

�� (a) �Structure� includes a building being used as a residence, a building located on land actively used for agricultural, timber management, ranching or construction purposes or a building used as part of a business.

�� (b) �Threat to human safety� means the exhibition by a cougar or bear of one or more of the following behaviors:

�� (A) Aggressive actions directed toward a person or persons, including but not limited to charging, false charging, growling, teeth popping and snarling.

�� (B) Breaking into, or attempting to break into, a residence.

�� (C) Attacking a pet or domestic animal as defined in ORS 167.310.

�� (D) Loss of wariness of humans, displayed through repeated sightings of the animal during the day near a permanent structure, permanent corral or mobile dwelling used by humans at an agricultural, timber management, ranching or construction site. [2001 c.431 �2; 2015 c.779 �50]

�� Note: 498.166 was added to and made a part of the wildlife laws by legislative action but was not added to ORS chapter 498 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 498.170 Hunters who have a visual impairment. (1) A person who does not have a visual impairment and who accompanies a hunter who possesses a visually impaired hunter license may:

�� (a) Assist the hunter in selecting a game animal or bird;

�� (b) Assist the aiming or sighting of a firearm;

�� (c) Advise the hunter when to fire a firearm;

�� (d) Shoot a game animal or bird on behalf of the hunter while in the immediate presence of the hunter; and

�� (e) Tag and retrieve game animals and birds on behalf of the hunter.

�� (2) The person accompanying a hunter who has a visual impairment shall be required to possess a valid hunting license. The person accompanying a hunter who has a visual impairment may also hunt game animals or birds if the person possesses the appropriate tags, permits and stamps for the area and time period.

�� (3) A hunter who possesses a visually impaired hunter license must comply with all other tag, permit and stamp requirements of the State Fish and Wildlife Commission and applicable hunting laws.

�� (4) As used in this section, �hunter who has a visual impairment� means a person who files proof with the commission that the person�s central visual acuity does not exceed 20/200 in the better eye with best correction or that the person�s visual acuity, if better than 20/200, is accompanied by a limit to the field of vision to such a degree that its widest diameter subtends an angle of no greater than 20 degrees. [1997 c.407 �1; 2007 c.70 �279]

�� Note: 498.170 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 498 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 498.172 Trap check requirements. (1) A person holding a license issued under ORS 497.142 may not set a trap for fur-bearing mammals without checking the trap at least once during each 48-hour period.

�� (2) A person may not set a trap for a predatory animal, as defined in ORS 610.002, without checking the trap on a regular basis. [2001 c.562 �2]

�� Note: 498.172 was added to and made a part of the wildlife laws by legislative action but was not added to ORS chapter 498 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 498.180 Sale of hunts for feral swine prohibited; penalties; revocation of hunting licenses, tags and permits. (1) A person may not offer for sale or sell a hunt for feral swine on public or private lands.

�� (2) Violation of subsection (1) of this section is a Class A misdemeanor. A person may not be convicted under this subsection if a civil penalty has been imposed against the person under subsection (3) of this section.

�� (3)(a) The State Fish and Wildlife Commission may impose a civil penalty of $1,000 for a violation of subsection (1) of this section.

�� (b) Civil penalties described in this subsection shall be imposed in the manner provided in ORS 183.745. A civil penalty may not be imposed against a person under this subsection if the person has been convicted under subsection (2) of this section.

�� (4) Notwithstanding ORS 497.415 (1), (2), (3) and (5) and in addition to any criminal penalty or civil penalty imposed under this section, when a person is convicted under subsection (2) of this section or a civil penalty is imposed under subsection (3) of this section, the commission shall revoke all hunting licenses, tags and permits issued to the person under the wildlife laws, and the person may not apply for or obtain any hunting license, tag or permit for a period of 24 months after the conviction or imposition of the civil penalty. [2009 c.605 �2]

�� 498.182 Knowingly allowing feral swine to roam on certain lands prohibited; rules. (1) A person, or an employee of that person who acts as a land manager, may not knowingly, as defined in ORS

ORS 508.550

508.550 for fish species taken pursuant to developmental fishery activities referred to in ORS 506.460 shall be credited to a separate account in the Commercial Fisheries Fund. Notwithstanding subsection (1) of this section or ORS 506.306, 25 percent of such moneys shall be expended for general fish management purposes and 75 percent of such moneys shall be expended to pay the expenses of developmental fishery activities pursuant to ORS 506.460. [1991 c.701 �21; 1993 c.765 �119; 1999 c.1013 �2; 2003 c.809 �14]

�� 508.330 [Renumbered 508.525]

�� 508.335 [Amended by 1965 c.570 �87; renumbered 508.530]

�� 508.340 [Amended by 1961 c.373 �1; 1963 c.197 �3; 1965 c.570 �88; renumbered 508.535]

�� 508.345 [Amended by 1961 c.373 �2; 1965 c.570 �89; renumbered 508.540]

�� 508.350 [Renumbered 508.545]

�� 508.355 [Repealed by 1963 c.197 �4]

�� 508.360 [Repealed by 1963 c.197 �4]

�� 508.405 [Amended by 1963 c.196 �1; repealed by 1965 c.570 �65 (508.406 enacted in lieu of 508.405)]

ISSUANCE, APPLICATION, CONTENTS, WHERE VALID, TRANSFERRING, TERM, LOCATION ABANDONMENT

�� 508.406 Director or agent to issue and renew licenses. The State Fish and Wildlife Director or the authorized agent of the director shall issue or renew any license required by the commercial fishing laws to a qualified person upon proper application and payment of the license fee required by ORS 508.285. [1965 c.570 �66 (enacted in lieu of 508.405)]

�� 508.407 [Repealed by 1965 c.570 �152]

�� 508.410 Contents of license applications. All applications for licenses under ORS 508.406 shall be made on blanks furnished by the State Fish and Wildlife Director and shall contain such information as the State Fish and Wildlife Commission determines to be necessary for proper administration and enforcement of the commercial fishing laws. [Amended by 1957 c.208 �1; 1963 c.196 �2; 1965 c.570 �67]

�� 508.413 [1963 c.246 �1; repealed by 1965 c.67 �4]

�� 508.415 Security for fees. (1) In case of license applications by canners or wholesalers, the State Fish and Wildlife Director, in addition to license fees provided by law, may exact from the applicant a bond from a corporate surety, authorized to do business in this state, guaranteeing the payment of fees, if the director considers such action is necessary to insure compliance with ORS 508.505 to 508.540.

�� (2) In lieu of any bond that may be required under subsection (1) of this section, any applicant may deposit with the State Fish and Wildlife Commission, under such terms and conditions as the director may prescribe, a like amount of lawful money of the United States or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008. The commission shall turn over to the State Treasurer for safekeeping all such deposits so received. [Amended by 1963 c.196 �3; 1965 c.570 �68; 1969 c.52 �1; 1991 c.331 �73; 1991 c.701 �17; 1997 c.631 �484]

�� 508.420 [Amended by 1955 c.168 �1; 1963 c.196 �4; repealed by 1965 c.570 �152]

�� 508.425 [Amended by 1961 c.168 �1; repealed by 1965 c.570 �152]

�� 508.430 [Amended by 1963 c.196 �5; repealed by 1965 c.570 �152]

�� 508.435 [Amended by 1961 c.181 �1; repealed by 1965 c.570 �152]

�� 508.440 [Repealed by 1961 c.233 �1]

�� 508.445 Certificate evidence as to license issuance. In all prosecutions requiring proof as to the issuance or nonissuance of a license by the State Fish and Wildlife Director under any of the laws of this state, the certificate of the director as to the issuance or nonissuance of the license by the director shall be sufficient proof on that question to establish the fact. This certificate shall be admitted in evidence as to the issuance or nonissuance of the license in any such prosecution.

�� 508.450 Contents of license. Each license issued under ORS 508.406 shall be numbered and dated by the State Fish and Wildlife Director or an authorized agent and contain the site or address where the appliance or business is located and the name of the person to whom the license is granted. [Amended by 1957 c.132 �1; 1963 c.196 �6]

�� 508.455 [Amended by 1955 c.122 �1; repealed by 1965 c.570 �152]

�� 508.460 Oregon-Washington reciprocity on gillnet licenses. All gillnet licenses issued by the States of Oregon and Washington are valid as to the waters of the Columbia River in Oregon and Washington, as though issued by the department of fisheries of either state. The department of fisheries of each state or the officials who have charge of issuing licenses shall furnish to each other the names of licensees and the number of the licenses, without cost or expense to either state.

�� 508.465 Licenses nontransferable. Licenses may not be transferred from one licensee to another.

�� 508.470 When licenses expire; renewal. All licenses for which fees are provided for under ORS 508.285 unless otherwise specified in law expire as of midnight, December 31, following the dates of their issuance or on such date as may be specified by rule of the State Department of Fish and Wildlife. The licenses may be renewed annually thereafter upon application and payment of fees required therefor. [Amended by 1959 c.123 �1; 1961 c.374 �3; 1963 c.196 �7; 1965 c.570 �71; 1977 c.245 �4; 1979 c.679 �12; 2007 c.768 �6]

�� 508.475 Failure to renew license for fixed fishing gear constitutes abandonment; exception for Armed Forces. The failure to renew the license, or make application therefor, for any location for a fixed fishing gear in any of the waters of this state, on January 1 of any year, constitutes abandonment of the location. However, any licensee entering the Armed Forces of the United States during any period which would qualify the licensee as a veteran, as defined in ORS 408.225, is not deemed to have abandoned such location or gear so licensed, either by reason of absence from the location during such service or by failure to renew the license as required. Such licensee may file application for renewal of the license at any time following the date of release from the Armed Forces of the United States, until January 1 of the following year, and shall have preference over other persons therefor. [Amended by 1965 c.570 �72; 2009 c.41 �21]

�� 508.480 Failure to construct or install fishing gear held to be abandonment. Should the holder of any license neglect to construct or install at the site the fishing gear called for by the license during two consecutive years covered by the license, the location shall be deemed abandoned. [Amended by 1965 c.570 �73]

�� 508.485 Revocation of license or permit for violation of commercial fishing laws or rules or theft of crab fishing gear. (1) Except for vessel licenses described in ORS 508.285 and 508.470 and vessel permits described in ORS 508.775 to 508.796, 508.801 to 508.825, 508.880,

ORS 509.065

509.065]

�� 509.115 Placing in waters fish harmful to food fish. It is unlawful, without written authority from the State Fish and Wildlife Commission, to place in any of the waters of this state any species or variety of fish whatsoever which are inimical to or destructive of food fish. [Amended by 1965 c.570 �105]

�� 509.120 Using electricity to disturb food fish. It is unlawful to use or permit to be used in any of the waters of this state any electrical device, appliance or current which in any manner has a tendency to retard, scare, frighten or obstruct any food fish in their migrations or movements in such waters without first having obtained the consent of and a permit from the State Fish and Wildlife Director. [Amended by 1965 c.570 �106]

�� 509.122 Definitions for ORS 509.125 to 509.155. As used in ORS 509.125 to 509.155, unless the context requires otherwise:

�� (1) �Explosives� means any explosive substances whatever, including but not limited to powder, dynamite and nitroglycerine.

�� (2) �Substance deleterious to fish� includes but is not limited to any drug, powder, chemical, medicated bait, gas, cocculus indicus or extract therefrom, inimical to fish. [1965 c.570 �110]

�� 509.125 Placing substances in water to drive fish from closed areas. It is unlawful to place or cause to be placed in any stream of this state where anadromous or food fish run or exist, within the distance from any dam, fishway or object in which the taking of any anadromous or food fish by means other than angling is prohibited by law, any blood or offal of fish, or any other substance, matter or contrivance that will frighten or drive anadromous or food fish, or with intent to drive or frighten, out of that part of the waters of any stream in which it is unlawful to take such fish. [Amended by 1965 c.570 �111]

�� 509.130 Placing substances in water or using explosives to take or destroy food fish. It is unlawful, for the purpose of taking or destroying any food fish, to:

�� (1) Throw, cast or pass, or cause or permit to be thrown, cast or passed, in any waters of this state in which food fishes are wont to be, any substance deleterious to fish; or

�� (2) Explode or cause to be exploded in any waters of this state, any explosives. [Amended by 1963 c.112 �1; 1965 c.570 �112]

�� 509.135 [Repealed by 1965 c.570 �152]

�� 509.140 Placing explosives or harmful substances in waters in course of lawful work; permit. (1) Whenever in the course of removing any obstruction in any waters of this state, or in constructing any foundations for dams, bridges or other structures, or in carrying on any trade or business, any person, municipal corporation, political subdivision or governmental agency desires to use explosives or any substances deleterious to fish, such person, municipal corporation, political subdivision or governmental agency shall make application to the State Fish and Wildlife Commission for a permit to use the explosives or substances in such waters.

�� (2) If the commission finds it necessary that the explosives or substances be used, it may make an order granting such person, municipal corporation, political subdivision or governmental agency the right to use the explosives or substances and shall:

�� (a) Designate the places and period within which the explosives or substances may be used; and

�� (b) Prescribe such precautions as will save fish from injury.

�� (3) It is unlawful to disregard such order or fail to obtain such order or permit before using explosives or substances deleterious to fish. [Amended by 1963 c.112 �2; 1965 c.570 �113]

�� 509.145 [Repealed by 1965 c.570 �152]

�� 509.150 Use by commission of explosives or substances to destroy predatory fish. Nothing in ORS 509.125 to 509.155 prevents the State Fish and Wildlife Commission from using any explosives or substances deleterious to fish for the purpose of destroying German carp or any other predatory fish inimical to food fish, or from carrying out any of the commercial fishing laws. [Amended by 1965 c.570 �114]

�� 509.155 Possession of fish taken by explosives or harmful substance justifies arrest; burden of proof. Having in possession any food fish under circumstances which make it reasonable to believe that they were taken by means of explosives or substances deleterious to fish justifies the arrest of the person having the fish in possession. It is then incumbent upon such person to prove and show that the fish were taken by lawful means. [Amended by 1965 c.570 �115]

�� 509.160 Prohibition on possession, sale, trade or distribution of shark fins; exceptions. (1) As used in this section:

�� (a) �Shark fin� means the raw or dried fin or tail of a shark.

�� (b) �Spiny dogfish� means a shark belonging to the family Squalidae in the order Squaliformes that has two spines, one anterior to each dorsal fin, and that does not have an anal fin.

�� (2) A person may not possess, sell or offer for sale, trade or distribute a shark fin in this state.

�� (3) This section does not apply to:

�� (a) A person who possesses, sells or offers for sale, trades or distributes a shark fin from a spiny dogfish that was legally taken or landed under rules adopted by the State Department of Fish and Wildlife and in accordance with federal regulations;

�� (b) A person who holds a license or permit issued by the State Department of Fish and Wildlife under the commercial fishing laws to take a shark and who possesses, sells or offers for sale, trades or distributes a shark fin consistent with the terms of that license or permit; and

�� (c) A fish processor who holds a license under the commercial fishing laws, who possesses and processes a shark obtained from a person described in paragraph (a) of this subsection and who sells or offers for sale, trades or distributes the shark fin consistent with the terms of the license of that fish processor. [2011 c.371 �2]

�� 509.185 [Formerly 509.060; repealed by 1971 c.658 �32]

�� 509.205 [Repealed by 1965 c.570 �152]

�� 509.206 [1965 c.570 �116; repealed by 1969 c.357 �2]

�� 509.210 [Repealed by 1965 c.570 �152]

�� 509.215 [Repealed by 1965 c.570 �152]

�� 509.216 [1965 c.570 �117; 1969 c.357 �1; repealed by 2013 c.672 �1]

�� 509.220 [Repealed by 1965 c.570 �152]

�� 509.225 [Repealed by 1965 c.570 �152]

FISHING GEAR

�� 509.230 Possession of fish taken by lawful gear from Pacific Ocean outside Oregon jurisdiction; taking salmon only by troll within Oregon jurisdiction. (1) Subject to the conditions provided in this section and ORS chapter 513, it is unlawful to have in possession any food fish taken in the waters of the Pacific Ocean outside the territorial jurisdiction of this state by means of any fishing gear except as provided by law or rule of the State Fish and Wildlife Commission, for:

�� (a) The purpose of commercially packing, canning or preserving the fish.

�� (b) The manufacture of fish meal, fish oil or other fish products or by-products.

�� (c) Sale as fresh fish for general consumption.

�� (d) Bait.

�� (2) It is also unlawful to take any salmon for commercial purposes in any of the waters of the Pacific Ocean within the jurisdiction of this state or over which this state has concurrent jurisdiction by means of any fishing gear other than by �troll.� [Amended by 1955 c.178 �1; 1961 c.680 �1; 1965 c.570 �122; 2013 c.672 �3]

�� 509.235 Certain sturgeon lines prohibited. It is unlawful to use or assist in using any Chinese sturgeon line, or lines of a similar character, in the waters of this state. [Amended by 1965 c.570 �119]

�� 509.240 Snagging nets during closed season allowed. It is lawful to operate or use a net consisting of a single nylon or cotton web of a mesh not less than 14 inches, taut measure, hung or attached to not to exceed two lead lines combined and used as a single line and a single cork line, in any of the waters of this state, during any season or period closed to commercial fishing by law or by rule of the State Fish and Wildlife Commission, for the purpose of clearing away or removing snags or similar obstructions from gillnet drifts and other suitable or desirable fishing areas. [Amended by 1961 c.370 �1; 1965 c.570 �120]

�� 509.245 Notice to director of use of snagging net. Any person desiring to operate a snagging net as provided in ORS 509.240 shall, before operating or attempting to so operate such net, obtain from the State Fish and Wildlife Director a snagging permit by forwarding a written request to the office of the State Fish and Wildlife Commission specifically providing:

�� (1) The particular gillnet drift, fishing ground or other area to be cleared;

�� (2) The waters in which located;

�� (3) The mesh size of the snagging net to be used; and

�� (4) The dates on which or within which the proposed snagging operations will be carried on. In specifying any such dates, no one notice is valid for a period of more than 30 days from the date thereof. [Amended by 1965 c.570 �121]

�� 509.250 [Repealed by 1965 c.570 �152]

�� 509.252 [1955 c.477 �1; 1957 c.130 �1; repealed by 1963 c.246 �12]

�� 509.255 [Repealed by 1961 c.183 �1]

�� 509.260 [Repealed by 1961 c.155 �1]

�� 509.265 [Repealed by 1965 c.570 �152]

�� 509.270 [Repealed by 1965 c.570 �152]

�� 509.275 [Repealed by 1965 c.570 �152]

�� 509.280 [Repealed by 1965 c.570 �152]

�� 509.285 [Repealed by 1965 c.570 �152]

�� 509.290 [Repealed by 1965 c.570 �152]

�� 509.295 [Repealed by 1965 c.570 �152]

�� 509.300 [Repealed by 1965 c.570 �152]

NET FISHING FOR SALMON IN PACIFIC OCEAN

�� 509.355 Definitions for ORS 509.355 to 509.385. As used in ORS 509.355 to 509.385:

�� (1) �Citizen of this state� means a person who maintains the usual place of abode of the person within this state or who otherwise qualifies as a citizen of this state under the laws of this state.

�� (2) �International waters� means waters outside the territorial boundaries of any state, territory or country. [1957 c.152 �1]

�� 509.360 When ORS 509.355 to 509.385 operative; proof. (1) ORS 509.355 to 509.385 shall not be operative at any time unless laws or rules or regulations of California, Washington and Canada are effective which, in substance or effect, contain provisions:

�� (a) Similar to and which accomplish the purposes of ORS 509.355 to 509.385; or

�� (b) Which prohibit the possession or transportation within their respective territorial waters of the Pacific Ocean of salmon taken by any type of net within the international waters of the Pacific Ocean or within their respective territorial waters of the Pacific Ocean and not accompanied by a certificate issued under the authority of this state or of another state, territory or country showing that such salmon were lawfully taken.

�� (2) Such laws or rules or regulations of California, Washington and Canada shall be considered effective upon receipt by the Secretary of State of this state of certified written statements from the respective secretaries of state of California and Washington and from the Department of State of the United States on behalf of Canada setting forth such laws or rules or regulations and the date on which they are effective. Such certified written statements, together with a written statement of the Attorney General of this state that the provisions of subsection (1) of this section are satisfied by such laws or rules or regulations, are conclusive proof that the provisions of subsection (1) of this section are so satisfied. In any prosecution for violation of any provision of ORS 509.365, 509.370 or 509.375, proof of the existence of such certified written statements and written statement of the Attorney General of this state need not be made unless demanded by the defendant prior to the commencement of trial. [1957 c.152 ��9,10; 1965 c.570 �123]

�� Note: 509.355 to 509.385 are operative and in full force and effect. A written statement of the Attorney General of the State of Oregon, dated October 16, 1957, states that the provisions of

ORS 51.025

51.025 or 221.342, the appeal from a judgment involving a violation entered by the justice court or municipal court may be taken to the circuit court for the county in which the justice court or municipal court is located as follows:

�� (A) For a justice court, as provided in ORS 55.160 to 55.335; and

�� (B) For a municipal court, as provided in ORS 221.369 to 221.407.

�� (b) No undertaking shall be required of the party filing a notice of appeal under the provisions of this subsection.

�� (3)(a) Subject to the provisions of this subsection, an appeal from a judgment involving a violation entered by a circuit court may be taken as provided in ORS chapter 19.

�� (b) For the purpose of meeting the requirements imposed by ORS 19.240, the copy of the notice of appeal must be served on:

�� (A) The city attorney, if the appeal is made by the defendant from a decision initially made in a municipal court.

�� (B) The district attorney for the county, if the appeal is made by the defendant from a decision initially made in a justice court.

�� (c) Notwithstanding ORS 19.270, timely service on the city attorney or district attorney under the provisions of this subsection is not jurisdictional and the Court of Appeals may extend the time for that service.

�� (d) Notwithstanding any provision of ORS chapter 19, an undertaking on appeal is not required for an appeal from a judgment involving a violation.

�� (e)(A) The filing of a notice of an appeal from a judgment involving a violation does not act to automatically stay the judgment.

�� (B) Nothing in this paragraph is intended to affect the authority of the circuit court to stay enforcement of the judgment under ORS 19.350, 138.285 or 138.295 or any other authority.

�� (f) The standard of review for an appeal under this subsection is the same as for an appeal from a judgment in a proceeding involving a misdemeanor or felony.

�� (g) In any case in which only violations are charged, the state may not appeal from an order dismissing the case that is entered by reason of a police officer�s failure to appear at the trial of the matter if the police officer was timely provided with notice of the trial date. [1993 c.379 �5; 1995 c.658 �79; 1997 c.389 �12; 1999 c.682 �11; 2005 c.266 �2; 2025 c.268 �33]

�� Note: 138.057 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 138.060 [Amended by 1963 c.385 �1; 1969 c.198 �64; 1969 c.529 �1; 1971 c.644 �1; 1973 c.836 �276; 1977 c.752 �2; 1989 c.790 �21a; 1997 c.852 �11; 1999 c.946 �2; 2001 c.870 �4; 2011 c.379 �1; 2017 c.529 �4; renumbered 138.045 in 2017]

�� 138.065 Appeal from judgment or order deciding special statutory proceeding. A party may appeal a judgment or order deciding a special statutory proceeding as provided in ORS 19.205. [2017 c.529 �12]

�� 138.070 [Repealed by 1971 c.565 �20 (138.071 enacted in lieu of 138.070)]

(Notice of Appeal)

�� 138.071 Time within which appeal must be taken. (1) Except as provided in this section, a notice of appeal must be served and filed not later than 30 days after the judgment or order appealed from was entered in the register.

�� (2) If a motion for new trial or motion in arrest of judgment is timely served and filed, a notice of appeal must be served and filed within 30 days from the earlier of the following dates:

�� (a) The date of entry of the order disposing of the motion; or

�� (b) The date on which the motion is deemed denied.

�� (3) A defendant cross-appealing shall serve and file the notice of cross-appeal within 10 days of the expiration of the time allowed in subsection (1) of this section.

�� (4)(a) When an appeal is pending and the trial court enters an amended, corrected or supplemental judgment, or an amended or corrected order that is appealable under ORS 138.035 or 138.045 or any other statutory provision:

�� (A) If the appellant intends to assign error to any part of the amended, corrected or supplemental judgment, or amended or corrected order that is appealable, the appellant shall file an amended notice of appeal from such judgment or order not later than 30 days after the appellant receives notice that such judgment or order has been entered.

�� (B) If the appellant does not intend to assign error to any part of the amended, corrected or supplemental judgment, or amended or corrected order that is appealable, the appellant need only file a notice of intent to proceed with the appeal not later than 30 days after the appellant receives notice that such judgment or order has been entered. The notice of intent to proceed is not jurisdictional.

�� (b) As used in this subsection, �appellant� means the attorney of record in the appellate court for the appellant or, if the appellant is not represented by an attorney, the appellant personally.

�� (5)(a) Upon motion of a defendant, the Court of Appeals shall grant the defendant leave to file a notice of appeal after the time limits described in subsections (1) to (4) of this section if:

�� (A) The defendant, by clear and convincing evidence, shows that the failure to file a timely notice of appeal is not attributable to the defendant personally; and

�� (B) The defendant shows a colorable claim of error in the proceeding from which the appeal is taken.

�� (b) A defendant is not entitled to relief under this subsection for failure to file timely notice of cross-appeal when the state appeals pursuant to ORS 138.045 (1)(d).

�� (c) The request for leave to file a notice of appeal after the time limits prescribed in subsections (1) to (3) of this section must be filed no later than 90 days after entry of the order or judgment being appealed. The request for leave to file a notice of appeal after the time limit prescribed in subsection (4) of this section must be filed no later than 90 days after the party receives notice that the order or judgment has been entered. A request for leave under this subsection must be accompanied by the notice of appeal, may be filed by mail and is deemed filed on the date of mailing if the request is mailed as provided in ORS 19.260.

�� (d) The court may not grant relief under this subsection unless the state has notice and opportunity to respond to the defendant�s request for relief.

�� (e) The denial of a motion under paragraph (a) of this subsection is a bar to post-conviction relief under ORS 138.510 to 138.680 on the same ground, unless the court provides otherwise. [1971 c.565 �21 (enacted in lieu of 138.070); 1977 c.752 �3; 1985 c.282 �1; 1985 c.734 ��17,17a; 1987 c.852 �1; 2001 c.870 �7; 2003 c.288 �2; 2007 c.547 �2; 2009 c.11 �10; 2013 c.153 �2; 2017 c.529 �7]

�� 138.080 [Amended by 1959 c.558 �37; 1969 c.198 �65; 1971 c.193 �28; repealed by 1971 c.565 �22 (138.081 enacted in lieu of 138.080)]

�� 138.081 Service and filing of notice of appeal. (1) An appeal shall be taken by causing a notice of appeal in the form prescribed by ORS 19.250 to be served:

�� (a)(A) When the defendant appeals:

�� (i) On the district attorney for the county in which the judgment is entered, if the appeal is from a conviction for a misdemeanor or felony under state law;

�� (ii) On county counsel for the county in which the judgment is entered, if the appeal is from a conviction for a violation of a county ordinance constituting a misdemeanor; or

�� (iii) On the city attorney or other prosecutor, if the appeal is from a conviction for a misdemeanor defined by a city charter or ordinance; or

�� (B) When the state appeals, on the attorney of record for the defendant or, if the defendant has no attorney of record, on the defendant;

�� (b) On the trial court transcript coordinator, if applicable and if a transcript is required in connection with the appeal; and

�� (c) On the trial court administrator.

�� (2)(a) If the state cannot effect service on the defendant as provided in subsection (1)(a)(B) of this section, the trial court may order alternative service in accordance with ORCP 7 D(6) on proof of the state�s due diligence in attempting to effect service.

�� (b) Alternative service is not perfected until the time established by the court for response expires and the state files with the appellate court the affidavit or declaration of alternative service.

�� (3) The notice of appeal signed by the appellant, along with proof of service of the notice, must be filed with the administrator of the court to which the appeal is taken. Proof of service of the notice of appeal may either be part of, or accompany, the original notice when filed. [1971 c.565 �23 (enacted in lieu of 138.080); 1985 c.734 �18; 1997 c.389 �9; 2001 c.870 �8; 2017 c.529 �8; 2025 c.268 �34]

�� 138.083 [1989 c.790 �20; 1995 c.109 �1; 1997 c.389 �2; 2003 c.576 �165; 2007 c.547 �3; 2013 c.153 �1; repealed by 2017 c.529 �26]

�� 138.085 Content requirements for certain notices of appeal. (1) If a defendant appeals a judgment of conviction based only on a plea of guilty or no contest, the notice of appeal must:

�� (a) Include a statement that the defendant has reserved an issue for appeal under ORS

ORS 517.210

517.210, when so recorded, or a duly certified copy thereof, is prima facie evidence of the facts therein stated. Failure to file such affidavit within the prescribed time is prima facie evidence that such labor has not been done. The fee for recording the affidavit shall be the fee provided by ORS 205.320. [Amended by 1971 c.621 �34; 1975 c.607 �37; 1979 c.833 �32; 1991 c.230 �29; 1999 c.654 �33]

�� 517.230 Performance of assessment work by co-owners. Whenever any quartz or placer mines are owned by one or more persons, or are owned in common by any persons, any person owning any legal or equitable interest in the mines may perform the annual assessment work upon them which is required by the laws of the United States and Oregon. Such work, when it complies with said laws, shall protect the mines from relocation.

�� 517.240 Failure of co-owner to contribute; notice. Upon failure of any co-owner of any mine to contribute that co-owner�s proportion of expenditures required in assessment work, or to perform or pay for such proportion, the co-owners who performed or caused to be performed the labor or assessment work, may, at the expiration of the year for which the assessment work was performed, give the delinquent co-owner notice that the assessment work for that year has been performed, stating by whom performed, the amount of work performed and the dates between which it was performed; together with a statement of the amount due from the delinquent co-owner for the delinquent co-owner�s proportion of the work, and requiring the delinquent co-owner, within 90 days from the date of service of the notice, to pay to the co-owners who performed or caused to be performed such work, the delinquent co-owner�s proportion. The notice shall further state that if the delinquent co-owner fails or refuses to contribute the proportion due for the work, the interest of the delinquent co-owner in the mine will become the property of the co-owners who performed or caused to be performed the assessment work.

�� 517.250 Form of notice; service; publication. The notice shall be in writing and signed by the co-owner who performed or caused to be performed the assessment work. It shall be served upon the delinquent co-owner personally by the sheriff of the county in which the mine is situated, if the delinquent co-owner is within the county. If the delinquent co-owner can be found in any other county, then the notice shall be served by the sheriff of that county. If the delinquent co-owner cannot be found within the state, or if at the time of giving the notice the delinquent co-owner is without the state, service of the notice shall be made by publication thereof in the weekly newspaper published in the county nearest to where the mine is situated. If there are two or more papers published in the county at the same distance from the mine, the co-owner giving notice may elect in which paper the notice shall be published. If no weekly newspaper is published within the county, service of the notice shall be made by publication in any other weekly newspaper within the state published nearest the mine. The notice shall be published at least once a week for a period of 90 days after the first publication.

�� 517.260 Notice; return and proof of service. If the notice is served by any sheriff as provided in ORS 517.250, the sheriff shall make return by filing the notice with the return showing service with the county recorder, or if there is none, with the county clerk, for the county within which the mine is situated. If personal service cannot be had as provided in ORS 517.250, proof of service shall be made by filing with the county recorder, or if there is none, with the county clerk of the county in which the mine is situated, the notice as published, attached to an affidavit made by the printer, foreman, or publisher of the newspaper, to the effect that it is of general circulation throughout the county, is published weekly, and that the notice was published at least once a week in that newspaper for a period of not less than 90 days after the first publication of the notice.

�� 517.270 Vesting of interest of delinquent co-owner. If at the expiration of 90 days from the date of personal service of the notice upon the delinquent co-owner or from the date of the last publication of the notice, the delinquent co-owner has not paid the proportion of the delinquent co-owner to the co-owners who performed or caused to be performed the assessment work, the title to the interest of the delinquent co-owner in the mine shall be immediately vested in the co-owners who performed or caused to be performed the assessment work.

�� 517.280 Certificate of ownership; issuance. The co-owners who performed the assessment work may file with the county clerk of the county where the mine is situated, their affidavits that the payment has not been made. Upon the filing of such affidavits, the clerk shall record the notice, proof of service and affidavits in the Mineral and Mining Record. The clerk shall then and there issue to the co-owners who performed or caused to be performed the assessment work, a certificate to the effect that the clerk has recorded the notice, proof of service and affidavits of nonpayment, and that the co-owners who performed or caused to be performed the assessment work have become and are the owners of all the right, title and interest of the delinquent co-owner or co-owners of the property. [Amended by 1991 c.230 �30; 1999 c.654 �34]

�� 517.290 Fee for certificate. The certificate described in ORS 517.280 shall not be issued until the co-owners entitled to it pay to the clerk a fee as set by ORS 205.320. [Amended by 1971 c.621 �35; 1975 c.607 �38; 1979 c.833 �33; 1991 c.230 �31]

�� 517.300 Effect of certificate; certified copy of certificate, notice and return admissible as evidence. (1) A certificate issued as provided in ORS 517.280 shall be equivalent to a deed from a delinquent co-owner of all the interest of the delinquent co-owner in and to all mines described in the notice, and shall convey the interest of the delinquent co-owner in the premises to the co-owner or co-owners who performed or caused to be performed the assessment work. The certificate may be introduced in evidence in any cause where ownership of the property may become material. When so introduced, it shall have the same force and effect as would a duly executed and delivered deed from the delinquent co-owner.

�� (2) A certified copy of the certificate, and of the notice and return, when made and certified to by the county clerk, shall be admissible in evidence in any trial where it is material to establish proof of service of the notice or ownership of the property.

�� 517.310 Recording and indexing certificate; fee; effect. The certificate given by the county clerk shall be recorded in the office of the officer issuing it, upon payment of the fee established under ORS 205.320. The officer shall record and index the certificates in the Mineral and Mining Record. Such indexing and recording shall have the same force and effect as the indexing and recording of deeds to other real property, and shall give like constructive notice. [Amended by 1999 c.654 �35]

�� 517.320 Counteraffidavits of delinquent owner; suit to quiet title; judgment. If prior to the issuing of the certificate there has been filed with the county clerk an affidavit by the delinquent co-owner that the payment has been made, the clerk shall not issue a certificate, but the parties shall be left to establish such fact by suit to quiet the title to the premises. If in the suit it appears either that the assessment work was not performed by the co-owners claiming to have performed it, or that the delinquent co-owner has performed or paid the delinquent co-owner�s proportion of the assessment work, a judgment shall be entered in the suit to that effect; but if it is established that the assessment has been performed by or has been caused to be performed by the co-owners so claiming and that the delinquent co-owner has not performed or paid the delinquent co-owner�s proportion, a judgment shall be entered providing that the co-owners who performed the assessment work to be the owners of all the interest of the delinquent co-owner in the premises. The judgment shall be entitled to record in the Mineral and Mining Record kept by the county clerk in the county, and shall be indexed in the Mineral and Mining Record for the county. [Amended by 1999 c.654 �36; 2003 c.576 �467]

�� 517.330 Accounting for fees. All fees collected under ORS 517.290 and 517.310 are the property of the county in which they are collected, and shall be accounted for by the officer collecting them as other recording fees are accounted for.

�� 517.410 [Amended by 1961 c.419 �1; part renumbered 273.920; remainder renumbered 273.355]

�� 517.420 [Amended by 1955 c.528 �1; 1961 c.419 �2; 1983 c.740 �206; repealed by 1993 c.340 �2]

MINING LEASES

�� 517.430 Use of timber by lessee. (1) The lessee of the Department of State Lands under ORS 273.551 may use down timber found on the premises for fuel, and may cut and use green timber in the construction of buildings required in the operation of a mine on the premises, or for lining test pits or shafts, or for timbering drifts or excavations, or for other mining purposes, but for no other purpose.

�� (2) The lessee of the State Forester under ORS 273.551 may use down timber found on the premises for fuel and may cut and use green timber for lining test pits or shafts, or for timbering drifts or excavations, or for other mining purposes, but for no other purpose. [Amended by 1953 c.65 �5]

�� 517.440 Lessee, licensee, or operator of mine deemed bailee of yield until payment of lessor and workers. Any lessee, licensee, or person other than the owner, who operates or works a mine, lode, mining claim, or deposit yielding metal or mineral of any kind, has custody and control of whatever metal or mineral may be produced in such operation or work, as bailee only and not as owner, until the sum due the lessor is paid and the wages due from such lessee to the lessor or to any worker who has performed labor under contract of service on, in or about such mine, lode, mining claim, or deposit are wholly paid.

�� 517.450 [Repealed by 1971 c.743 �432]

�� 517.510 [Repealed by 1993 c.742 �114]

�� 517.520 [Repealed by 1993 c.742 �114]

�� 517.530 [Repealed by 1993 c.742 �114]

�� 517.540 [Repealed by 1993 c.742 �114]

�� 517.550 [Repealed by 1993 c.742 �114]

�� 517.610 [Repealed by 1953 c.188 �2]

�� 517.611 [1957 c.580 �1; repealed by 1987 c.260 �1]

�� 517.620 [Repealed by 1953 c.188 �2]

�� 517.621 [1957 c.580 �2; repealed by 1987 c.260 �1]

�� 517.630 [Repealed by 1953 c.188 �2]

�� 517.631 [1957 c.580 �3; repealed by 1987 c.260 �1]

�� 517.640 [Repealed by 1953 c.188 �2]

�� 517.641 [1957 c.580 �4; repealed by 1987 c.260 �1]

�� 517.650 [1957 c.580 �5; repealed by 1987 c.260 �1]

�� 517.660 [1957 c.580 �6; repealed by 1987 c.260 �1]

�� 517.670 [1957 c.580 �7; repealed by 1987 c.260 �1]

�� 517.680 [1957 c.580 �8; repealed by 1987 c.260 �1]

�� 517.690 [1957 c.580 �9; repealed by 1987 c.260 �1]

�� 517.700 [1957 c.580 �10; repealed by 1987 c.260 �1]

MINERAL EXPLORATION

�� 517.702 Legislative findings. (1) The Legislative Assembly finds and declares that:

�� (a) Mineral exploration is recognized as an integral part of the mineral industry with inherently less risk to the environment than surface or underground mining operations.

�� (b) Mineral exploration assists in the orderly identification of mineral resources in the state.

�� (c) Mineral exploration activities are recognized as distinct from operational activities.

�� (2) The Legislative Assembly, therefore, declares that the purposes of ORS 517.702 to

ORS 517.952

517.952:

�� (a) Review of the application and approval or denial of the application shall be coordinated with the consolidated application process under ORS 517.952 to 517.989. However, such review and approval or denial shall take into consideration all policy considerations for the appropriation of water as set forth in this chapter and ORS chapter 536.

�� (b) The permit may be issued for exploration under ORS 517.702 to 517.740, but the permit shall be conditioned on the applicant�s compliance with the consolidated application process.

�� (c) The permit shall include a condition that additional conditions may be added to the use of water when a water right certificate is issued, or when the use of water is changed pursuant to ORS 540.520 and 540.530 to use for a mining operation. [1955 c.708 �11; 1959 c.437 �4; 1981 c.61 �3; 1985 c.673 �57; 1995 c.416 �28; 1997 c.587 �11; 2013 c.371 �34; 2025 c.575 �18]

�� 537.626 Exceptions to final order; modified order. (1) Within 20 days after the Water Resources Director issues a final order under ORS 537.625 after the conclusion of a contested case hearing, any party may file with the Water Resources Commission exceptions to the order.

�� (2) The commission shall issue a modified order, if allowed, or deny the exceptions within 60 days after close of the exception period under subsection (1) of this section. [1995 c.416 �29]

�� 537.627 Time limit for issuing final order or scheduling contested case hearing; extension; writ of mandamus. (1) Except as provided in subsection (2) of this section, the Water Resources Department shall issue a final order or schedule a contested case hearing on an application for a water right referred to in ORS 537.615 within 180 days after the department proceeds with the application under ORS 537.620 (5).

�� (2) At the request of the applicant, the department may extend the 180-day period set forth in subsection (1) of this section for a reasonable period of time.

�� (3) If the applicant does not request an extension under subsection (2) of this section and the department fails to issue a proposed final order or schedule a contested case hearing on an application for a water right within 180 days after the department proceeds with the application under ORS 537.620 (5), the applicant may apply in the Circuit Court for Marion County for a writ of mandamus to compel the department to issue a final order or schedule a contested case hearing on an application for a water right. The writ of mandamus shall compel the department to issue a water right permit, unless the department shows by affidavit that to issue a permit may result in harm to an existing water right holder. [1995 c.416 �31]

�� 537.628 Terms, conditions and limitations on approvals. (1) The Water Resources Department may approve an application for less ground water than applied for or upon terms, conditions and limitations necessary for the protection of the public welfare, safety and health.

�� (2) In any event the department may not approve the application for more ground water than is applied for or than can be applied to a beneficial use.

�� (3) The department may not approve an application that deprives those having prior rights of appropriation for a beneficial use of the amount of water to which they are lawfully entitled. [1995 c.416 �30; 2025 c.575 �19]

�� 537.629 Conditions or limitations to prevent interference with other users. (1) When an application discloses the probability of wasteful use or undue interference with existing wells or that any proposed use or well will impair or substantially interfere with existing rights to appropriate surface water by others, or that any proposed use or well will impair or substantially interfere with existing rights to appropriate ground water for the beneficial use of the water for its thermal characteristics, the Water Resources Department may impose conditions or limitations in the permit to prevent the same or reject the same after hearing, or, in the department�s discretion, request the Water Resources Commission to initiate a rulemaking proceeding to declare the affected area a critical ground water area under ORS 537.730 to 537.740.

�� (2)(a) When an application discloses the probability that a proposed use or well will impair or interfere with the ability to extract heat from a well with a bottom hole temperature of at least 250 degrees Fahrenheit, the department may:

�� (A) Approve the permit;

�� (B) Impose conditions or limitations in the permit to prevent the probable interference or impairment;

�� (C) After a hearing under ORS 536.076, 536.077 and 537.622, reject the application; or

�� (D) Request the commission to initiate a rulemaking proceeding to declare the affected area a critical ground water area under ORS 537.730 to 537.740.

�� (b) In deciding whether to issue, deny or condition a permit under this subsection, the department shall consider any orders or permits applicable to the ground water reservoir issued by the State Geologist or the governing board of the State Department of Geology and Mineral Industries under ORS chapter 522. [1995 c.416 �26; 2025 c.575 �29]

�� 537.630 Time allowed for construction work under permit; extension; certificate of completion; survey; ground water right certificate; requirements for supplemental water right. (1) As used in this section, �undeveloped portion� means the difference between the maximum rate or duty specified in a water right permit and the maximum rate or duty appropriated as of the later of:

�� (a) June 29, 2005;

�� (b) The time specified in the permit to perfect the water right; or

�� (c) The time specified in the last-approved extension of time to perfect the water right.

�� (2) Except for the holder of a permit for municipal, quasi-municipal, group domestic or group domestic expanded uses, the holder of a permit issued pursuant to ORS 537.625 shall prosecute the construction of a well or other means of developing and securing the ground water with reasonable diligence and complete the construction within a reasonable time fixed in the permit by the Water Resources Department, not to exceed seven years after the date of approval of the application.

�� (3)(a) The holder of a right for quasi-municipal, group domestic or group domestic expanded uses shall complete construction of proposed works and apply water beneficially within seven years from the date on which a permit for such uses is issued under ORS 537.211. The construction must proceed with reasonable diligence and be completed within the time specified in the permit, not to exceed seven years.

�� (b) Notwithstanding paragraph (a) of this subsection, the department may, for good cause shown, order and allow one extension of time to complete construction and apply water beneficially, not exceeding:

�� (A) Twenty years from the date that the extension is approved for quasi-municipal use.

�� (B) Ten years from the date the extension is approved for group domestic use or group domestic expanded use.

�� (c) In determining the extension under paragraph (b) of this subsection, the department shall give due weight to considerations in ORS 539.010 (5) and to whether other governmental requirements relating to the project have significantly delayed completion of the construction and beneficial application of the right.

�� (4) The holder of a permit for municipal use shall commence and complete the construction of any proposed works within 20 years from the date on which the permit for municipal use is issued under ORS 537.625. The construction must proceed with reasonable diligence and be completed within the time specified in the permit, not to exceed 20 years. However, the department may order and allow an extension of time to complete construction or to perfect a water right beyond the time specified in the permit under the following conditions:

�� (a) The holder shows good cause. In determining the extension, the department shall give due weight to the considerations described under ORS 539.010 (5) and to whether other governmental requirements relating to the project have significantly delayed completion of construction or perfection of the right;

�� (b) The extension of time is conditioned to require that the holder submit and obtain department approval of a water management and conservation plan;

�� (c) The extension of time is conditioned to provide that the holder may appropriate the undeveloped portion of the permit only upon approval by the department of a water management and conservation plan; and

�� (d) For the first extension issued after June 29, 2005, for a permit for municipal use issued before November 2, 1998, the department finds that the undeveloped portion of the permit is conditioned to maintain, in the portions of waterways affected by water use under the permit, the persistence of fish species listed as sensitive, threatened or endangered under state or federal law. The department shall base its finding on existing data and upon the advice of the State Department of Fish and Wildlife. An existing fish protection agreement between the permit holder and a state or federal agency that includes conditions to maintain the persistence of any listed fish species in the affected portion of the waterway is conclusive for purposes of the finding.

�� (5) If the construction of any well or other means of developing and securing the ground water is completed after the date of approval of the application for a permit under ORS 537.625, within 30 days after the completion, or if the construction is completed before the date of approval, within 30 days after the date of approval, the permit holder shall file a certificate of completion with the Water Resources Department, disclosing:

�� (a) The depth to the water table;

�� (b) The depth, diameter and type of each well, and the kind and amount of the casing;

�� (c) The capacity of the well pump in gallons per minute and the drawdown thereof;

�� (d) The identity of the record owner of any property that was described in the application for a permit under ORS 537.625 but is not included in the certificate of completion; and

�� (e) Any other information the department considers necessary.

�� (6) Upon completion of beneficial use necessary to secure the ground water as required under this section, the permit holder shall hire a water right examiner certified under ORS 537.798 to survey the appropriation. Within one year after applying the water to beneficial use or the beneficial use date allowed in the permit, the permit holder shall submit the survey as required by the Water Resources Department to the department along with the certificate of completion required under subsection (5) of this section. If any property described in the permit is not included in the request for a water right certificate, the holder of the permit shall state the identity of the record owner of that property.

�� (7) After the department has received a certificate of completion and a copy of the survey as required by subsections (5) and (6) of this section that show, to the satisfaction of the department, that an appropriation has been perfected in accordance with the provisions of ORS 537.505 to 537.795 and 537.992, except as provided in subsection (8) of this section, the department shall issue a ground water right certificate of the same character as that described in ORS 537.700. The certificate shall be recorded and transmitted to the applicant as provided in ORS 537.700.

�� (8) The department may not issue a water right certificate for municipal use under this section if:

�� (a) An extension of time is required; and

�� (b) The order approving the extension of time has not become final by operation of law or on appeal.

�� (9) The procedure for cancellation of a permit shall be as provided in ORS 537.260.

�� (10) Notwithstanding ORS 537.410, for purposes of obtaining a water right certificate under subsection (7) of this section for a supplemental water right, the holder of a permit shall have a facility capable of handling the full rate and duty of water requested from the supplemental source and be otherwise ready, willing and able to use the amount of water requested, up to the amount of water approved in the water right permit. To obtain a certificate for a supplemental water right, the holder is not required to have actually used water from the supplemental source if:

�� (a) Water was available from the source of the primary water right and the primary water right was used pursuant to the terms of the primary water right; or

�� (b) The nonuse of water from the supplemental source occurred during a period of time within which the exercise of the supplemental water right permit was not necessary due to climatic conditions. [1955 c.708 �12; 1959 c.437 �5; 1985 c.617 �2; 1985 c.673 �202; 1987 c.542 �8; 1995 c.367 �3; 1995 c.416 �34; 1997 c.446 �8; 1999 c.453 �2; 2005 c.410 �2; 2017 c.704 �4; 2025 c.282 �26]

�� Note: The amendments to 537.630 by section 26, chapter 282, Oregon Laws 2025, become operative April 1, 2026. See section 48, chapter 282, Oregon Laws 2025, as amended by section 21c, chapter 575, Oregon Laws 2025. The text that is operative until April 1, 2026, is set forth for the user�s convenience.

�� 537.630. (1) As used in this section, �undeveloped portion� means the difference between the maximum rate or duty specified in a water right permit and the maximum rate or duty appropriated as of the later of:

�� (a) June 29, 2005;

�� (b) The time specified in the permit to perfect the water right; or

�� (c) The time specified in the last-approved extension of time to perfect the water right.

�� (2) Except for the holder of a permit for municipal use, the holder of a permit issued pursuant to ORS 537.625 shall prosecute the construction of a well or other means of developing and securing the ground water with reasonable diligence and complete the construction within a reasonable time fixed in the permit by the Water Resources Department, not to exceed five years after the date of approval of the application. However, the department, for good cause shown, shall order and allow an extension of time, including an extension beyond the five-year period, for the completion of the well or other means of developing and securing the ground water or for complete application of water to beneficial use. In determining the extension, the department shall give due weight to the considerations described under ORS 539.010 (5) and to whether other governmental requirements relating to the project have significantly delayed completion of construction or perfection of the right.

�� (3) The holder of a permit for municipal use shall commence and complete the construction of any proposed works within 20 years from the date on which the permit for municipal use is issued under ORS 537.625. The construction must proceed with reasonable diligence and be completed within the time specified in the permit, not to exceed 20 years. However, the department may order and allow an extension of time to complete construction or to perfect a water right beyond the time specified in the permit under the following conditions:

�� (b) The extension of time is conditioned to require that the holder submit and obtain department approval of a water management and conservation plan;

�� (4) If the construction of any well or other means of developing and securing the ground water is completed after the date of approval of the application for a permit under ORS 537.625, within 30 days after the completion, or if the construction is completed before the date of approval, within 30 days after the date of approval, the permit holder shall file a certificate of completion with the Water Resources Department, disclosing:

�� (a) The depth to the water table;

�� (b) The depth, diameter and type of each well, and the kind and amount of the casing;

�� (c) The capacity of the well pump in gallons per minute and the drawdown thereof;

�� (d) The identity of the record owner of any property that was described in the application for a permit under ORS 537.625 but is not included in the certificate of completion; and

�� (e) Any other information the department considers necessary.

�� (5) Upon completion of beneficial use necessary to secure the ground water as required under this section, the permit holder shall hire a water right examiner certified under ORS 537.798 to survey the appropriation. Within one year after applying the water to beneficial use or the beneficial use date allowed in the permit, the permit holder shall submit the survey as required by the Water Resources Department to the department along with the certificate of completion required under subsection (4) of this section. If any property described in the permit is not included in the request for a water right certificate, the holder of the permit shall state the identity of the record owner of that property.

�� (6) After the department has received a certificate of completion and a copy of the survey as required by subsections (4) and (5) of this section that show, to the satisfaction of the department, that an appropriation has been perfected in accordance with the provisions of ORS 537.505 to 537.795 and 537.992, except as provided in subsection (7) of this section, the department shall issue a ground water right certificate of the same character as that described in ORS 537.700. The certificate shall be recorded and transmitted to the applicant as provided in ORS 537.700.

�� (7) The department may not issue a water right certificate for municipal use under this section if:

�� (a) An extension of time is required; and

�� (b) The order approving the extension of time has not become final by operation of law or on appeal.

�� (8) The procedure for cancellation of a permit shall be as provided in ORS 537.260.

�� (9) Notwithstanding ORS 537.410, for purposes of obtaining a water right certificate under subsection (6) of this section for a supplemental water right, the holder of a permit shall have a facility capable of handling the full rate and duty of water requested from the supplemental source and be otherwise ready, willing and able to use the amount of water requested, up to the amount of water approved in the water right permit. To obtain a certificate for a supplemental water right, the holder is not required to have actually used water from the supplemental source if:

�� (a) Water was available from the source of the primary water right and the primary water right was used pursuant to the terms of the primary water right; or

�� Note: See second note under 537.230.

�� 537.632 [1959 c.437 �2; 1961 c.334 �10; renumbered 537.762]

�� 537.635 Assignment of application, certificate of registration or permit. (1) Any certificate of registration issued under ORS 537.610 or permit issued under ORS 537.625 may be assigned, subject to the conditions of the certificate of registration or permit, but no such assignment shall be binding, except upon the parties to the assignment, unless filed for record in the Water Resources Department.

�� (2) An assignment of an application filed under ORS 537.615 or a permit issued under ORS 537.625 and filed for record with the Water Resources Department shall identify the current record owners of all property described in the application or permit. The assignor shall furnish proof acceptable to the department that notice of the assignment has been given or attempted for each identified property owner not a party to the assignment. [1955 c.708 �13; 1985 c.673 �59; 1995 c.367 �4]

�� 537.665 Investigation of ground water reservoirs; defining characteristics and assigning names and numbers. (1) Upon its own motion, or upon the request of another state agency or local government, the Water Resources Commission, within the limitations of available resources, shall proceed as rapidly as possible to identify and define tentatively the location, extent, depth and other characteristics of each ground water reservoir in this state, and shall assign to each a distinctive name or number or both as a means of identification. The commission may make any investigation and gather all data and information essential to a proper understanding of the characteristics of each ground water reservoir and the relative rights to appropriate ground water from each ground water reservoir.

�� (2) In identifying the characteristics of each ground water reservoir under subsection (1) of this section, the commission shall coordinate its activities with activities of the Department of Environmental Quality under ORS 468B.185 in order that the final characterization may include an assessment of both ground water quality and ground water quantity.

�� (3) Before the commission makes a final determination of boundaries and depth of any ground water reservoir, the Water Resources Director shall proceed to make a final determination of the rights to appropriate the ground water of the ground water reservoir under ORS 537.670 to 537.695.

�� (4) The commission shall forward copies of all information acquired from an assessment conducted under this section to the central repository of information about Oregon�s ground water resource established pursuant to ORS 468B.167. [1955 c.708 �14; 1985 c.673 �60; 1989 c.833 �58]

�� 537.670 Determination of rights to appropriate ground water of ground water reservoir. (1) The Water Resources Director upon the motion of the director or, in the discretion of the director, upon receipt of a petition therefor by any one or more appropriators of ground water from such ground water reservoir, may proceed to make a final determination of the rights to appropriate the ground water of any ground water reservoir in this state.

�� (2) The director shall prepare a notice of intent to begin a determination referred to in subsection (1) of this section. The notice shall set forth a place and time when the director or the authorized assistant of the director shall begin the taking of testimony as to the rights of the various claimants to appropriate the ground water of the ground water reservoir and as to the boundaries and depth thereof. A copy of the notice shall be delivered to each person or public agency known to the director from an examination of the records in the Water Resources Department to be a claimant to a right to appropriate ground water of the ground water reservoir or any surface water within the area in which the ground water reservoir is located. The notice shall also be published in at least one issue each week for at least two consecutive weeks in a newspaper of general circulation published in each county in which the ground water reservoir or any part thereof is located. If the ground water reservoir is located in whole or in part within the limits of any city, the notice shall be published in at least one issue each week for at least two consecutive weeks in a newspaper of general circulation published in the city, if any, and copies of the notice shall be delivered to the mayor or chairperson of the governing body of the city. Copies of the notice shall be delivered and the last publication date of published notices shall be at least 30 days prior to the taking of any testimony.

�� (3) The director shall enclose with each copy of the notice referred to in subsection (2) of this section delivered to each person or public agency known to be a claimant to a right to appropriate ground water of the ground water reservoir a blank form on which such claimant shall present in writing all the particulars necessary for determination of the right of the claimant as may be prescribed by the director. The director may require each claimant to certify to the statements of the claimant under oath, and the director or the authorized assistant of the director may administer such oaths. [1955 c.708 �15; 1991 c.102 �3]

�� 537.675 Determination of rights in several reservoirs or of critical ground water area in same proceeding. (1) Whenever the Water Resources Director has reason to believe that two or more ground water reservoirs overlie one another wholly or in part, the director may proceed to a final determination of the rights to appropriate the ground water of each of such ground water reservoirs in the same proceeding under ORS 537.670 to 537.695.

�� (2) The director may include in a determination proceeding under ORS 537.670 to 537.695 a determination of a critical ground water area under ORS 537.730 to 537.740. [1955 c.708 �16]

�� 537.680 Taking testimony; inspecting evidence; contesting claim. Testimony shall be taken, evidence shall be open to inspection and claims shall be subject to contest in a proceeding to determine rights to appropriate the ground water of any ground water reservoir initiated under ORS 537.670 as nearly as possible in the same manner as provided in ORS 539.070, 539.090, 539.100 and 539.110 for the determination of the relative rights of the various claimants to the waters of any surface stream. [1955 c.708 �17]

�� 537.685 Findings of fact and order of determination. As soon as practicable after compilation of the evidence obtained in proceedings under ORS 537.665 to 537.680, the Water Resources Director shall make and cause to be entered of record in the Water Resources Department findings of fact and an order of determination, determining and establishing the several rights to appropriate the ground water of the ground water reservoir. The findings of fact and order of determination shall also include:

�� (1) The boundaries and depth of each ground water reservoir.

�� (2) The lowest permissible water level in each ground water reservoir.

�� (3) The location, extent, quality and other pertinent characteristics of the ground water supply.

�� (4) The serviceable methods of withdrawal of the ground water from each ground water reservoir.

�� (5) Rules for controlling the use of the ground water from each ground water reservoir.

�� (6) Such general or special rules or restrictions with respect to the construction, operation and protection of wells and the withdrawal of ground water thereby as in the judgment of the director the public welfare, health and safety may require.

�� (7) The name and post-office address of each claimant.

�� (8) The nature of the use of the ground water allowed for each well, together with the maximum permissible use of the ground water, the place of use of the ground water and the date of priority of each use.

�� (9) If the ground water is used or is to be used for irrigation purposes, a description of the lands irrigated or to be irrigated, giving the number of acres irrigated or to be irrigated in each 40-acre legal subdivision.

�� (10) The location of each well with reference to government survey corners or monuments or corners of recorded plats.

�� (11) The depth, diameter and type of each well, the kind and amount of the casing, the capacity of each well in gallons per minute and such other information concerning each well as in the opinion of the director may be pertinent. [1955 c.708 �18; 1991 c.102 �4]

�� 537.690 Filing evidence, findings and determinations; court proceedings. The evidence relied upon by the Water Resources Director in the entry of the findings of fact and order of determination under ORS 537.685, together with a copy of such findings and order, shall be certified to by the director and filed with the clerk of the circuit court wherein the determination is to be heard, which shall be the circuit court of any county in which the ground water reservoir or any part thereof is located. A certified copy of the findings of fact and the order of determination shall also be filed with the county clerk of every other county in which the ground water reservoir or any part thereof is located. Thereafter, proceedings shall be had as nearly as possible in the same manner as provided in ORS 539.130 (2), (3) and (4), 539.150, 539.160, 539.170, 539.180, 539.190 and 539.210 for the final adjudication of the relative rights of the various claimants to the waters of any surface stream. [1955 c.708 �19]

�� 537.695 Conclusive adjudication. The determination of the Water Resources Director under ORS 537.685, as confirmed or modified by the circuit court or Supreme Court, shall be a conclusive adjudication as to all claimants of rights to appropriate the ground water of each ground water reservoir included within the order of determination. [1955 c.708 �20]

�� 537.700 Issuing ground water right certificate. Upon the final determination under ORS 537.670 to

ORS 52.635

52.635 or 221.351, as of the date the petition for relief is filed under the federal bankruptcy laws, or if there was such property, the value of the property on the date of the filing of the petition was not more than the outstanding balance of any prior lien or liens upon the property.

�� (2) If the debtor fails to meet the burden of proof established by subsection (1) of this section, the court shall enter a final order denying the debtor�s motion.

�� (3) For the purposes of this section, when notice was given in connection with bankruptcy proceedings to a creditor retaining a beneficial interest in an assigned judgment or claim, such notice shall provide the basis for the satisfaction of that portion of the judgment in which the creditor retains a beneficial interest. When the bankrupt received notice prior to the adjudication of bankruptcy of the assignment of a judgment or claim, notice to the assignor retaining a beneficial interest may not provide the basis for satisfaction for that portion of the judgment which represents the amount actually paid by the assignee of the judgment for the claim and actual court costs incurred by the assignee in prosecuting the claim. [Formerly 18.420]

�� 18.240 [Repealed by 1979 c.284 �199]

CONTRIBUTION

�� 18.242 Contribution among judgment debtors; subrogation of surety. When property liable to an execution against several persons is sold thereon, and more than a due proportion of the judgment is levied upon the property of one of them, or one of them pays, without a sale, more than that person�s proportion, that person may compel contribution from the others; and when a judgment is against several, and is upon an obligation or contract of one of them as security for another, and the surety pays the amount, or any part thereof, either by sale of property or before sale, the surety may compel repayment from the principal. In such cases, the person so paying or contributing shall be entitled to the benefit of the judgment to enforce contribution or repayment, if within 30 days after payment the person files with the clerk of the court where the judgment was rendered, notice of payment and claim to contribution or repayment; upon filing such notice, the clerk shall make an entry thereof in the margin of the docket where the judgment is entered. In any county where the judgment was recorded the person may have the notice of payment and claim to contribution or repayment recorded in the County Clerk Lien Record. [Formerly 18.430]

�� Note: 18.242 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 18 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

APPEAL

�� 18.245 Jurisdictional requirements. The following requirements are the only requirements of this chapter that are jurisdictional for the purposes of appeal of a judgment:

�� (1) The judgment document for the judgment must be plainly titled as a judgment as required by ORS 18.038 (1).

�� (2) The judgment document for the judgment must comply with the requirements of ORS 18.038 (4).

�� (3) The court administrator for the circuit court rendering the judgment must note in the register of the court that the judgment document has been filed, as required by ORS 18.058 (1). [2005 c.568 �2]

�� Note: See first note under 18.005.

�� 18.250 [Repealed by 1979 c.284 �199]

ENFORCEMENT OF JUDGMENTS

(Generally)

�� 18.252 Execution. (1) Except as provided in this section, and subject to the terms of the judgment, a judgment may be enforced by execution upon entry of the judgment. The ability to enforce a judgment by execution expires as provided in ORS 18.180 to 18.190.

�� (2) Any portion of a money award that by the terms of the judgment is to be paid on some date after the date that the judgment is entered may be enforced by execution when payment becomes due under the terms of the money award and is not paid.

�� (3) Except as provided in ORS 18.255 or by other law, a judgment may be enforced only by the court in which the judgment is entered or, if the judgment is a foreign judgment, the court in which the judgment is first filed under ORS 24.115 or

ORS 52.800

52.800 in 2025]

�� 55.095 [1977 c.875 �22; 1981 s.s. c.3 �96; 1983 c.673 �8; 1985 c.367 �4; 1987 c.725 �4; 1987 c.829 �3; 1989 c.583 �7; 1995 c.658 �65; 1997 c.801 �109; 1999 c.84 �6; 2007 c.125 �6; 2011 c.595 �53a; renumbered 52.805 in 2025]

�� 55.100 [Amended by 1977 c.875 �16; renumbered 52.810 in 2025]

�� 55.110 [Amended by 1977 c.875 �17; 1985 c.342 �10; 1995 c.658 �66; 2025 c.268 �30a; renumbered 52.815 in 2025]

�� 55.120 [Amended by 1977 c.875 �18; 1985 c.342 �11; 2005 c.22 �38; repealed by 2025 c.268 �35]

�� 55.130 [Amended by 1965 c.619 �30; 1977 c.875 �19; 1987 c.829 �4; 1997 c.801 �134; 2015 c.623 �5; renumbered 52.825 in 2025]

�� 55.140 [Renumbered 52.830 in 2025]

APPEALS GENERALLY

�� 55.150 Court to which appeal is taken. (1) If a justice court has become a court of record under ORS 51.025:

�� (a) An appeal in a proceeding involving a violation shall be taken to the Court of Appeals as provided in ORS 138.057.

�� (b) An appeal in a proceeding involving a misdemeanor shall be taken to the Court of Appeals as provided in ORS 138.010 to 138.310 for appeals from a circuit court.

�� (c) An appeal in a civil action shall be taken to the Court of Appeals as provided in ORS chapter 19 for appeals from a circuit court.

�� (2) If a justice court has not become a court of record under ORS 51.025, an appeal from a proceeding involving a violation or misdemeanor or a civil action shall be taken to the circuit court of the county in which the justice court is located and in the manner provided in ORS 52.815, 52.820 and 55.160 to 55.335. [2025 c.268 �7]

�� 55.155 Definition for ORS 55.160 to 55.335. As used in ORS 55.160 to 55.335, �matter� means:

�� (1) On appeal from a judgment of conviction and sentence, the entire case; or

�� 55.160 Time within which appeal must be taken. (1) Except as provided in subsection (2) of this section, a notice of appeal must be filed and served within 30 days of the date of entry in the justice court docket of the judgment or order being appealed.

�� (2) If, in a case involving a misdemeanor or a violation, a motion for a new trial or motion in arrest of judgment is timely served and filed, a notice of appeal must be served and filed within 30 days from the earlier of the following dates:

�� (a) The date of entry of the order disposing of the motion; or

�� (b) The date on which the motion is deemed denied. [2025 c.268 �8]

�� 55.165 Contents of notice of appeal. (1) The notice of appeal must contain:

�� (a) The title of the cause in the justice court. The party appealing is known as the appellant and the adverse party as the respondent, but the title of the action is otherwise unchanged.

�� (b) The name of each party and the party�s attorney, if the party is represented by an attorney.

�� (d) Identification of the justice court�s order or judgment from which the appeal is taken.

�� (f) If the appellant is represented by an attorney, the postal address and electronic mail address for the attorney.

�� (g) The postal address and electronic mail address, if known to the appellant, for all other parties designated as parties to the appeal.

�� (h) The signature of the appellant or, if the appellant is represented by an attorney, the appellant�s attorney.

�� 55.170 Filing and serving notice of appeal. (1) The appellant shall:

�� (a) File written notice of appeal with the justice court from which the appeal is taken with proof of service of a copy on the adverse party, or an acknowledgment of service signed by the adverse party; and

�� (b) Serve a copy of the notice of appeal on the adverse party or, if the adverse party is represented by an attorney, the party�s attorney.

�� (2) In a case charging a misdemeanor or a violation, if the defendant is the appellant:

�� (a) The defendant shall serve the county attorney if the case has been brought in the county�s name and the defendant did not serve the county attorney under subsection (1) of this section.

�� 55.175 Filing fee; fee waiver or deferral. (1)(a) On appeal from a justice court to the circuit court in a civil action, or in an action involving only the commission of a violation, the parties are subject to the circuit court fees described in ORS 21.135 or 21.160 when filing a notice of appeal or other first appearance in the appellate proceeding.

�� (b) The appellant shall either tender payment of the circuit court filing fee to the justice court, or file an application to waive or defer the filing fee with the justice court. The appellant may use the application described in ORS 21.685.

�� (c) The justice court shall transmit the filing fee or application to waive or defer the filing fee to the circuit court of the county in which the justice court is located at the time that the justice court submits the case record as required by ORS 55.185. The circuit court shall rule upon the application, and may waive or defer payment of the filing fee required by ORS 21.135 or 21.160 for the reason and in the manner provided in ORS 21.680 to 21.698.

�� (2) When the state or any political subdivision of the state, or an officer, employee or agent thereof, appearing in a representative or other official capacity, is a party on appeal from a justice court, payment of the filing fee required by ORS

ORS 52.830

52.830�� Separate docket for small claims department

CIVIL ACTIONS

(General Provisions)

�� 52.010 Actions commenced and prosecuted, and judgments enforced, as in circuit court; prevailing party entitled to disbursements. (1) Actions at law in justice courts shall be commenced and prosecuted to final determination and judgment enforced therein, in the manner provided for similar actions in the circuit courts, except as in ORS 52.010 to 52.710 otherwise provided.

�� (2) All disbursements shall in all cases be allowed the prevailing party.

�� 52.020 Mode of proceeding and rules of evidence. The mode of proceeding and the rules of evidence are the same in a justice court as in a like action or proceeding in the circuit courts, except where otherwise specially provided.

�� 52.030 Court rules and procedures. The rules in justice courts governing mistakes in pleadings and amendments thereof, vacating defaults and judgments for mistake, inadvertence, surprise or excusable neglect, the formation of issues of both law and fact, the postponing of trials for cause shown, the mode of trial, the formation of the jury, the conduct and manner of trial by jury or by the justice without a jury, the procedure regarding the verdict and judgment and the enforcement thereof by execution shall be as prescribed for civil actions in the circuit courts, except as otherwise provided.

�� 52.035 Dismissal of civil cases for want of prosecution. The justice of the peace of every justice court shall mail a notice to each of the attorneys of record, or, to the plaintiff where there is no licensed attorney representing the plaintiff, in every pending civil action, suit or proceeding in their respective courts in which no proceedings have been had or papers filed for a period of more than one year. The notice shall state that each such case will be dismissed by the court for want of prosecution 60 days from the date of mailing the notice, unless, on or before the expiration of the 60 days, application, either oral or written, be made to the court and good cause shown why it should be continued as a pending case. If such application is not made or good cause is not shown, the court shall dismiss each such case. Nothing contained herein shall be construed to prevent the dismissing at any time, for want of prosecution, of any suit, action or proceeding upon motion of any party thereto. [1953 c.360 �1]

�� 52.040 Contempt in justice court. ORS 33.015 to 33.155, defining acts that constitute contempt and the proceedings for imposing sanctions for contempt, apply to justice courts. [Amended by 1991 c.724 �20; 1999 c.605 �4; 2005 c.22 �34]

�� 52.050 [Repealed by 1999 c.605 �8]

�� 52.060 Persons entitled to act as attorneys in justice court. Any person may act as attorney for another in a justice court, except a person or officer serving any process in the action or proceeding, other than a subpoena.

(Summons)

�� 52.110 Service; form, contents and requisites of summons. (1) At any time after the action is commenced by the filing of a complaint with the justice of the peace, the plaintiff may cause a summons to be served on the defendant. It shall be subscribed by the plaintiff or plaintiff�s attorney or the justice of the peace. It shall specify the name of the court in which the complaint is filed and shall contain the title of the cause specifying the names of the parties to the action, plaintiff and defendant. It shall be directed to the defendant and shall require the defendant to appear and defend within the time required by ORCP 7 C(2) or, in case of failure to so appear and defend, the plaintiff will take judgment against the defendant for the money, property or other relief demanded in the complaint, with costs and disbursements of the action.

�� (2) A summons shall contain a notice printed in type size equal to at least 8-point type which may be substantially in the following form:

NOTICE TO DEFENDANT:

READ THESE PAPERS

CAREFULLY!

�� You must �appear� in this case or the other side will win automatically. To �appear� you must file with the court a legal paper called a �motion� or �answer.� The �motion� or �answer� must be given to the justice of the peace within 30 days along with the required filing fee. It must be in proper form and have proof of service on the plaintiff�s attorney or, if the plaintiff does not have an attorney, proof of service on the plaintiff.

�� If you have questions, you should see an attorney immediately.

[Amended by 1983 c.673 �10]

�� 52.120 Persons authorized to serve summons; compensation; manner of service. (1) The summons in an action in a justice court shall be served by a person authorized to serve summons, who shall be compensated for service of the summons, as provided for the service of summons in civil action in a circuit court.

�� (2) The summons shall be served in the manner provided for the service of summons in a civil action in a circuit court. The summons shall be returned to the justice by whom it was issued by the person serving it, with proof of service or that the defendant cannot be found. [Amended by 1953 c.749 �4; 1973 c.827 �10; 1977 c.877 �11; 1979 c.284 �84]

�� 52.130 Appointment of persons to serve process or order. Whenever it appears to the justice that any process or order authorized to be issued or made will not be served for want of an officer, the justice may appoint any other person authorized by ORS 52.120, to serve it. Such an appointment may be made by an indorsement on the process or order, in substantially the following form and signed by the justice with the name of the office of the justice:

I hereby appoint A B to serve the within process or order.

[Amended by 1977 c.877 �12; 1979 c.284 �85; 1995 c.79 �13]

�� 52.140 [Amended by 1953 c.479 �4; 1977 c.877 �13; repealed by 1979 c.284 �199]

�� 52.150 [Repealed by 1979 c.284 �199]

�� 52.160 [Repealed by 1979 c.284 �199]

�� 52.170 Security for disbursements. If the plaintiff is a nonresident of this state, the justice may require the plaintiff to give an undertaking with one or more sureties, or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008, for the disbursements of the action before issuing the summons; and if at any time before the commencement of the trial the defendant applies therefor, the justice must require such plaintiff to give the undertaking or irrevocable letter of credit. If the plaintiff is a resident of this state, the justice may, in the discretion of the justice, upon a like application on the part of the defendant, require the plaintiff to give such undertaking or irrevocable letter of credit. However, if the plaintiff is a resident of Oregon and makes the affidavit that the plaintiff is unable to furnish the undertaking or irrevocable letter of credit as required by this section, the giving of such undertaking or irrevocable letter of credit shall be waived. [Amended by 1991 c.331 �14; 1997 c.631 �374]

�� 52.180 Form of undertaking; qualifications and justification of sureties; deposit in lieu of undertaking. (1) The undertaking may be substantially in the following form:

�I, A B,� or �We, A B and C D, undertake to pay E F, the defendant in this action, all disbursements that may be adjudged to E F in this action.�

�� (2) The sureties must possess the qualifications of bail upon arrest, and, if required by the defendant, must justify in a sum not less than $50. A deposit with the justice of such sum as the justice may deem sufficient shall be equivalent to giving the required undertaking. If the undertaking or deposit in lieu thereof is not given or made by the time the action is at issue and ready for trial on a question of fact, the justice must dismiss the action as for want of prosecution. [Amended by 1995 c.79 �14]

(Attachment)

�� 52.210 Plaintiff entitled to attachment as in circuit court. In a civil action in a justice court the plaintiff is entitled to the benefit of the provisional remedies of attachment and delivery of personal property claimed in the action, as in like cases in the circuit courts. All affidavits, orders and undertakings for these remedies are to be taken or made and filed with the justice, and the process is to be issued by and made returnable before the justice. A writ of attachment or an order for the delivery of personal property claimed in the action may be served and executed by any person authorized to serve a summons. [Amended by 1981 c.898 �41]

�� 52.220 Attachment proceedings conducted as in circuit court. The provisions for proceedings in the circuit courts on attachment and delivery of personal property shall govern in like cases in justice courts, except as otherwise provided. [Amended by 1981 c.898 �42]

�� 52.230 [Repealed by 1981 c.898 �53]

�� 52.240 [Repealed by 1981 c.898 �53]

�� 52.250 Attachment of real property prohibited. Real property or any interest therein cannot be attached upon a writ of attachment in a civil action in a justice court.

�� 52.260 [Repealed by 1981 c.898 �53]

(Pleadings)

�� 52.310 Pleadings governed by rules applicable to pleadings in circuit court. The pleadings in actions in justice courts, the forms thereof and the rules by which the sufficiency of the pleadings are to be determined, shall be those prescribed for civil actions in the circuit courts.

�� 52.320 Counterclaim exceeding jurisdiction; transfer to circuit court; time allowed plaintiff to plead; costs; effect of failure to tender costs. In all actions instituted in a justice court a defendant shall have the right to plead a counterclaim in excess of the jurisdiction of the court, whereupon the justice of the peace shall, within 10 days following the filing of the answer, file with the clerk of the circuit court for the county in which the justice court is located, a transcript of the cause containing a copy of all the material entries in the justice�s docket, together with all the original papers relating to the cause. Upon the filing of the transcript with the clerk of the circuit court, the justice of the peace shall proceed no further in the cause, but the cause shall thenceforth be considered as transferred to the circuit court and be deemed pending and for trial therein as if originally commenced in the court. The circuit court shall have jurisdiction of the cause and shall proceed to hear, determine and try the same. In the event of the justice�s failure to file the transcript in the circuit court within the time specified, the judge of the circuit court may make an order upon the justice to comply within a specified time with the provisions of this section. The plaintiff in the action shall have 10 days after the filing of the transcript in the circuit court in which to move against or reply to defendant�s answer. All costs incurred in the transfer of the case, including the fee for filing the same in the circuit court, shall be borne by the defendant and must be tendered by the defendant to the justice of the peace at the time of filing with the justice the counterclaim, and the costs may be recovered by the defendant in the event the defendant prevails. On failure of the defendant to pay to the justice of the peace the required fee at the time of filing the counterclaim, or within two days thereafter, the justice of the peace shall disregard the counterclaim of the defendant and proceed to try the cause as though the counterclaim had never been filed. [Amended by 1979 c.284 �86]

(Trial Fees)

�� 52.410 Trial fee. (1) Parties to judicial proceedings in justice courts are required to contribute toward the expense of maintaining justice courts, or a particular action or proceeding therein, by the payment of a trial fee, except that a trial fee may not be required for a hearing or trial in the small claims department of a justice court.

�� (2) The trial fee in a justice court for a trial by jury is $125 for each full or partial day of trial, payable by the party demanding the jury trial at the time the demand is made.

�� (3) The trial fee in a justice court for a trial without a jury is $75 for each full or partial day of trial, payable by the plaintiff when the action or proceeding is set for trial.

�� (4) If a trial continues beyond the number of days originally paid for under subsection (2) or (3) of this section, the fee for subsequent days of trial must be paid in advance of each day the trial continues by the party responsible for the fee under subsection (2) or (3) of this section. [Amended by 1979 c.447 �3; 1997 c.801 �133; 2015 c.623 �4]

�� 52.420 Trial fee payable in advance; effect of failure to pay; recovery of fee as disbursement. (1) The trial fee in a justice court shall be paid to the justice upon the demand for a jury, and unless so paid the demand shall be disregarded and the trial proceed as if no demand had been made.

�� (2) If the party paying the fee prevails in the action or proceeding so as to be entitled to recover costs therein, the fee shall be allowed and taxed as a disbursement and collected from the adverse party. [Amended by 2005 c.22 �35]

�� 52.430 State or county exempted from prepaying trial fee; recovery of trial fee. When the state or any county is a party to a judicial proceeding in a justice court, the state or county need not pay the trial fee upon demanding a jury, and if the state or county is entitled to recover costs therein, the trial fee shall be allowed and taxed in the state�s or county�s favor as a disbursement, and collected from the adverse party as in ordinary cases. [Amended by 2005 c.22 �36]

�� 52.440 Accounting for and disposition of trial fee. In a justice court, the trial fee is paid to the justice. The justice shall keep an account of such fees, and by whom paid, and distribute the amount among the jury in the particular case, in partial payment of their legal fees.

(Trial and Judgment)

�� 52.510 Postponement of trial. When a cause is at issue upon a question of fact, the justice must, upon sufficient cause shown on the application of either party, postpone the trial for a period not exceeding 60 days.

�� 52.520 Depositions of witnesses as condition to postponement. An application for the postponement of the trial shall not be granted unless the party applying therefor, if required by the adverse party, consents to take the deposition of any witness of the adverse party then in attendance upon the court. If the consent is given, the justice shall take the deposition, and it may be read on the trial, subject to the same objection as if the witness were present and gave the testimony orally.

�� 52.530 Change of place of trial. (1) The justice shall change the place of trial, on motion of either party to the action, when it appears from a supporting affidavit of the party that:

�� (a) The justice is a party to or directly interested in the event of the action, or connected by consanguinity or affinity within the third degree with the adverse party or those for whom the justice prosecutes or defends; or

�� (b) The justice is so prejudiced against the party making the motion that the party cannot expect an impartial trial before the justice.

�� (2) The justice may change the place of trial, on motion of either party to the action, when it appears from a supporting affidavit of the party that the convenience of parties and witnesses would be promoted by the change, and that the motion is not made for the purpose of delay.

�� (3) The motion for change of place of trial cannot be made or allowed in any action until after the cause is at issue on a question of fact. The change shall be made to the nearest justice court in the county. If there is only one justice court in the county the change shall be made to the circuit court for the county in which the justice court is located. Neither party shall be entitled to more than one change in the place of trial, except for causes not in existence when the first change was allowed. When the place of trial has been changed, the justice shall forthwith transmit to the justice court or circuit court to whom the case is transferred a transcript of the proceedings had in the case with all the original papers filed thereon. All costs incurred in the transfer of such case, including the fee for filing the same in the court to which the case is transferred shall be borne by the party requesting the change and must be tendered by the party to the justice at the time of filing the motion for the change. Such costs may be recovered by such party in the event the party prevails in the trial of the action. On the failure of the party to tender or pay the required fee at the time the motion is filed the justice shall disregard the motion and proceed to try the action as though no motion had been filed. [Amended by 1959 c.159 �1; 1995 c.658 �63; 2005 c.22 �37]

�� 52.540 Payment of disbursements for change of venue; subpoenaed witnesses. (1) The disbursements of the change of venue shall be paid by the party applying therefor, and not taxed as a part of the costs in the case.

�� (2) It shall not be necessary to issue new subpoenas to witnesses, but the witnesses shall appear before the justice before whom the cause has been transferred without the issue of any other notice than the allowance of the motion for the change of venue.

�� 52.550 When change of venue deemed complete. Upon the filing of the transcript and papers with the justice to whom the cause has been transferred, the change of venue shall be deemed complete, and thereafter the action shall proceed as though it had been commenced before such justice.

�� 52.560 Jurisdiction to cease when title to real property in question; further proceedings in circuit court. If it appears on the trial of any cause before a justice of the peace from the evidence of either party, or from the pleadings, that the title to real property is in question, which title is disputed by the other party, the justice shall immediately make an entry thereof in the docket of the justice and cease all further proceedings in the cause. The justice shall certify and return to the circuit court of the county a transcript of all the entries made in the docket of the justice relating to the case, together with all the process and other papers relating to the action, in the same manner and within the same time as upon an appeal. Thereupon the circuit court shall proceed in the cause to final judgment and execution in the same manner as if the action had been originally commenced therein, and disbursements shall abide the event of the action.

�� 52.570 Right to jury trial. When a cause is at issue upon a question of fact, if either party then demands a jury trial and deposits with the justice such trial fee as is required to be paid in advance by ORS 52.420 and 52.430, the issue must be tried by a jury and not the justice; but otherwise it must be tried by the justice.

�� 52.580 Judgment. When an issue of fact is tried by the justice, it is not necessary that there be any special statement of the facts found or law determined on the trial. It is sufficient for the justice to give judgment generally, as the law and evidence may require, for the plaintiff or the defendant, stating therein for what amount or what relief or to what effect the same is given.

�� 52.590 Judgment may not determine or affect title to real property. Although the title to real property may be controverted or questioned in an action in a justice court, the judgment in the action shall in no way affect or determine the title as between the parties, or otherwise.

(Enforcement and Setoff of Judgments; Executions)

�� 52.600 Enforcement of justice court judgments generally. (1) Upon the docketing of a judgment by a justice court, the judgment may be enforced by the justice court in the manner provided in this section.

�� (2) Enforcement proceedings on a judgment docketed by a justice court may include:

�� (a) Writ of execution proceedings for personal property under ORS 18.252 to 18.993.

�� (b) Proceedings in support of execution under ORS 18.265, 18.268 and 18.270.

�� (c) Garnishment proceedings under ORS 18.600 to 18.850.

�� (3) In addition to the enforcement proceedings specified in subsection (2) of this section, a docketed justice court judgment may be enforced by the court that rendered the judgment through the issuance of a writ of execution on real property under ORS

ORS 527.610

527.610 to 527.770 have been met.

�� (b) The dwelling meets the following requirements:

�� (A) The dwelling has a fire retardant roof.

�� (B) The dwelling will not be sited on a slope of greater than 40 percent.

�� (C) Evidence is provided that the domestic water supply is from a source authorized by the Water Resources Department and not from a Class II stream as designated by the State Board of Forestry.

�� (D) The dwelling is located upon a parcel within a fire protection district or is provided with residential fire protection by contract.

�� (E) If the dwelling is not within a fire protection district, the applicant provides evidence that the applicant has asked to be included in the nearest such district.

�� (F) If the dwelling has a chimney or chimneys, each chimney has a spark arrester.

�� (G) The owner provides and maintains primary fuel-free break and secondary break areas on land surrounding the dwelling that is owned or controlled by the owner.

�� (2)(a) If a governing body determines that meeting the requirement of subsection (1)(b)(D) of this section would be impracticable, the governing body may provide an alternative means for protecting the dwelling from fire hazards. The means selected may include a fire sprinkling system, on-site equipment and water storage or other methods that are reasonable, given the site conditions.

�� (b) If a water supply is required under this subsection, it shall be a swimming pool, pond, lake or similar body of water that at all times contains at least 4,000 gallons or a stream that has a minimum flow of at least one cubic foot per second. Road access shall be provided to within 15 feet of the water�s edge for fire-fighting pumping units, and the road access shall accommodate a turnaround for fire-fighting equipment. [1993 c.792 �5; 1995 c.812 �6; 1997 c.293 �1; 2003 c.621 �103; 2025 c.38 �40]

(Other Forestland Dwellings)

�� 215.740 Large tract forestland dwelling; criteria; rules. (1) If a dwelling is not allowed under ORS 215.720 (1), a dwelling may be allowed on land zoned for forest use under a goal protecting forestland if it complies with other provisions of law and is sited on a tract:

�� (a) In eastern Oregon of at least 240 contiguous acres except as provided in subsection (3) of this section; or

�� (b) In western Oregon of at least 160 contiguous acres except as provided in subsection (3) of this section.

�� (2) For purposes of subsection (1) of this section, a tract shall not be considered to consist of less than 240 acres or 160 acres because it is crossed by a public road or a waterway.

�� (3)(a) An owner of tracts that are not contiguous but are in the same county or adjacent counties and zoned for forest use may add together the acreage of two or more tracts to total 320 acres or more in eastern Oregon or 200 acres or more in western Oregon to qualify for a dwelling under subsection (1) of this section.

�� (b) If an owner totals 320 or 200 acres, as appropriate, under paragraph (a) of this subsection, the owner shall submit proof of nonrevocable deed restrictions recorded in the deed records for the tracts in the 320 or 200 acres, as appropriate. The deed restrictions shall preclude all future rights to construct a dwelling on the tracts or to use the tracts to total acreage for future siting of dwellings for present and any future owners unless the tract is no longer subject to protection under goals for agricultural lands or forestlands.

�� (c) The Land Conservation and Development Commission shall adopt rules that prescribe the language of the deed restriction, the procedures for recording, the procedures under which counties shall keep records of lots or parcels used to create the total, the mechanisms for providing notice to subsequent purchasers of the limitations under paragraph (b) of this subsection and other rules to implement this section. [1993 c.792 �4(2),(3),(5)]

�� 215.750 Alternative forestland dwelling; criteria. (1) As used in this section, �center of the subject tract� means the mathematical centroid of the tract.

�� (2) In western Oregon, a governing body of a county or its designate may allow the establishment of a single-unit dwelling on a lot or parcel located within a forest zone if the lot or parcel is predominantly composed of soils that are:

�� (a) Capable of producing 0 to 49 cubic feet per acre per year of wood fiber if:

�� (A) All or part of at least three other lots or parcels that existed on January 1, 1993, are within a 160-acre square centered on the center of the subject tract; and

�� (B) At least three dwellings existed on January 1, 1993, on the other lots or parcels;

�� (b) Capable of producing 50 to 85 cubic feet per acre per year of wood fiber if:

�� (A) All or part of at least seven other lots or parcels that existed on January 1, 1993, are within a 160-acre square centered on the center of the subject tract; and

�� (B) At least three dwellings existed on January 1, 1993, on the other lots or parcels; or

�� (c) Capable of producing more than 85 cubic feet per acre per year of wood fiber if:

�� (A) All or part of at least 11 other lots or parcels that existed on January 1, 1993, are within a 160-acre square centered on the center of the subject tract; and

�� (B) At least three dwellings existed on January 1, 1993, on the other lots or parcels.

�� (3) In eastern Oregon, a governing body of a county or its designate may allow the establishment of a single-unit dwelling on a lot or parcel located within a forest zone if the lot or parcel is predominantly composed of soils that are:

�� (a) Capable of producing 0 to 20 cubic feet per acre per year of wood fiber if:

�� (A) All or part of at least three other lots or parcels that existed on January 1, 1993, are within a 160-acre square centered on the center of the subject tract; and

�� (B) At least three dwellings existed on January 1, 1993, on the other lots or parcels;

�� (b) Capable of producing 21 to 50 cubic feet per acre per year of wood fiber if:

�� (A) All or part of at least seven other lots or parcels that existed on January 1, 1993, are within a 160-acre square centered on the center of the subject tract; and

�� (B) At least three dwellings existed on January 1, 1993, on the other lots or parcels; or

�� (c) Capable of producing more than 50 cubic feet per acre per year of wood fiber if:

�� (A) All or part of at least 11 other lots or parcels that existed on January 1, 1993, are within a 160-acre square centered on the center of the subject tract; and

�� (B) At least three dwellings existed on January 1, 1993, on the other lots or parcels.

�� (4) Lots or parcels within urban growth boundaries may not be used to satisfy the eligibility requirements under subsection (2) or (3) of this section.

�� (5) A proposed dwelling under this section is allowed only if:

�� (a) It will comply with the requirements of an acknowledged comprehensive plan, acknowledged land use regulations and other provisions of law;

�� (b) It complies with the requirements of ORS 215.730;

�� (c) No dwellings are allowed on other lots or parcels that make up the tract and deed restrictions established under ORS 215.740 (3) for the other lots or parcels that make up the tract are met;

�� (d) The tract on which the dwelling will be sited does not include a dwelling;

�� (e) The lot or parcel on which the dwelling will be sited was lawfully established;

�� (f) Any property line adjustment to the lot or parcel complied with the applicable property line adjustment provisions in ORS 92.192;

�� (g) Any property line adjustment to the lot or parcel after January 1, 2019, did not have the effect of qualifying the lot or parcel for a dwelling under this section; and

�� (h) If the lot or parcel on which the dwelling will be sited was part of a tract on January 1, 2019, no dwelling existed on the tract on that date, and no dwelling exists or has been approved on another lot or parcel that was part of the tract.

�� (6) Except as described in subsection (7) of this section, if the tract under subsection (2) or (3) of this section abuts a road that existed on January 1, 1993, the measurement may be made by creating a 160-acre rectangle that is one mile long and one-fourth mile wide centered on the center of the subject tract and that is to the maximum extent possible, aligned with the road.

�� (7)(a) If a tract 60 acres or larger described under subsection (2) or (3) of this section abuts a road or perennial stream, the measurement shall be made in accordance with subsection (6) of this section. However, one of the three required dwellings must be on the same side of the road or stream as the tract and:

�� (A) Be located within a 160-acre rectangle that is one mile long and one-fourth mile wide centered on the center of the subject tract and that is, to the maximum extent possible, aligned with the road or stream; or

�� (B) Be within one-quarter mile from the edge of the subject tract but not outside the length of the 160-acre rectangle, and on the same side of the road or stream as the tract.

�� (b) If a road crosses the tract on which the dwelling will be located, at least one of the three required dwellings must be on the same side of the road as the proposed dwelling.

�� (8) Notwithstanding subsection (5)(a) of this section, if the acknowledged comprehensive plan and land use regulations of a county require that a dwelling be located in a 160-acre square or rectangle described in subsection (2), (3), (6) or (7) of this section, a dwelling is in the 160-acre square or rectangle if any part of the dwelling is in the 160-acre square or rectangle. [1993 c.792 �4(6),(7),(8); 1999 c.59 �58; 2005 c.289 �1; 2019 c.433 �1; 2025 c.38 �41]

�� 215.755 Other forestland dwellings; criteria. Subject to the approval of the governing body or its designee, the following dwellings may be established in any area zoned for forest use under a land use planning goal protecting forestland, provided that the requirements of the acknowledged comprehensive plan, land use regulations and other applicable provisions of law are met:

�� (1) Alteration, restoration or replacement of a lawfully established dwelling, as described in ORS 215.291.

�� (2) One manufactured dwelling or recreational vehicle, or the temporary use of an existing building, in conjunction with an existing dwelling as a temporary use for the term of a hardship suffered by the existing resident or a relative of the resident. Within three months of the end of the hardship, the manufactured dwelling or recreational vehicle shall be removed or demolished or, in the case of an existing building, the building shall be removed, demolished or returned to an allowed nonresidential use. The governing body or its designee shall provide for periodic review of the hardship claimed under this subsection. A temporary dwelling established under this section shall not qualify for replacement under the provisions of subsection (1) of this section.

�� (3) Caretaker residences for public parks and public fish hatcheries. [1997 c.318 �6; 1999 c.640 �4; 2023 c.301 �1]

�� Note: 215.755 was added to and made a part of ORS chapter 215 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 215.757 Accessory dwellings supporting family forestry; conditions. (1) As used in this section, �owner or a relative� means the owner of the lot or parcel, or a relative of the owner or the owner�s spouse, including a child, parent, stepparent, grandchild, grandparent, stepgrandparent, sibling, stepsibling, niece, nephew or first cousin of either.

�� (2) A county may approve a new single-unit dwelling on a lot or parcel zoned for forest use provided:

�� (a) The new single-unit dwelling will be on a lot or parcel no smaller than the minimum size allowed under ORS 215.780;

�� (b) The new single-unit dwelling will be on a lot or parcel that contains exactly one existing single-unit dwelling that was lawfully:

�� (A) In existence before November 4, 1993; or

�� (B) Approved under ORS 215.130 (6), 215.705, 215.720, 215.740, 215.750 or 215.755;

�� (c) The shortest distance between the new single-unit dwelling and the existing single-unit dwelling is no greater than 200 feet;

�� (d) The lot or parcel is within a rural fire protection district organized under ORS chapter 478;

�� (e) The new single-unit dwelling complies with the Oregon residential specialty code relating to wildfire hazard mitigation;

�� (f) As a condition of approval of the new single-unit dwelling, in addition to the requirements of ORS 215.293, the property owner agrees to acknowledge and record in the deed records for the county in which the lot or parcel is located, one or more instruments containing irrevocable deed restrictions that:

�� (A) Prohibit the owner and the owner�s successors from partitioning the property to separate the new single-unit dwelling from the lot or parcel containing the existing single-unit dwelling; and

�� (B) Require that the owner and the owner�s successors manage the lot or parcel as a working forest under a written forest management plan, as defined in ORS 526.455, that is attached to the instrument;

�� (g) The existing single-unit dwelling is occupied by the owner or a relative;

�� (h) The new single-unit dwelling will be occupied by the owner or a relative; and

�� (i) The owner or a relative occupies the new single-unit dwelling to allow the relative to assist in the harvesting, processing or replanting of forest products or in the management, operation, planning, acquisition or supervision of forest lots or parcels of the owner.

�� (3) If a new single-unit dwelling is constructed under this section, a county may not allow the new or existing dwelling unit to be used for vacation occupancy as defined in ORS

ORS 530.990

530.990�� Penalties for forest management violations

MULTISERIES DEFINITIONS

�� 530.005 Definitions for ORS 530.010 to 530.170 and 530.210 to 530.280. As used in ORS 530.010 to 530.170 and 530.210 to 530.280:

�� (1) �Bond-related costs� means:

�� (a) The costs and expenses of issuing, administering and maintaining bonds, including but not limited to paying principal and interest, and premiums if any, on general obligation or revenue bonds, redeeming general obligation or revenue bonds, paying amounts due in connection with credit enhancements or any instruments authorized by ORS 286A.580 (6) and paying the administrative costs and expenses of the State Treasurer and the State Forestry Department, including costs of consultants or advisors retained by the treasurer or the department for the bonds;

�� (b) The costs of funding any bond reserves;

�� (c) Capitalized interest for bonds;

�� (d) Rebates or penalties due to the United States in connection with the bonds; and

�� (e) Any other costs or expenses that the State Treasurer or the State Forestry Department determines are necessary or desirable in connection with issuing, administering or maintaining the bonds.

�� (2) �Reforestation� means to increase tree stocking to a level that meets or exceeds the stocking standards relating to productivity specified by the State Board of Forestry by rule. [2009 c.831 �1]

�� Note: 530.005 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 530 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

ACQUISITION, MANAGEMENT AND DEVELOPMENT OF STATE FORESTS

�� 530.010 State Board of Forestry authorized to acquire lands; limitations; lands designated as state forests. (1) The State Board of Forestry, referred to in this chapter as the board, in the name of the State of Oregon, may acquire, by purchase, donation, devise or exchange from any public, quasi-public or private owner, lands which by reason of their location, topographical, geological or physical characteristics are chiefly valuable for the production of forest crops, watershed protection and development, erosion control, grazing, recreation or forest administrative purposes.

�� (2) The board shall not acquire any land without prior approval, duly made and entered, of the county court or board of county commissioners of the county in which the lands are situated.

�� (3) Lands acquired under the provisions of this section shall be designated as state forests. [Amended by 1953 c.43 �2; 1967 c.396 �1]

�� 530.020 Title to acquired lands; encumbrances; Attorney General approval of title; cure of defects; recording. Title to all lands acquired by the State Board of Forestry under ORS 530.010 shall be free and clear of all encumbrances except easements of rights of way and reservations or exceptions of gas, oil, coal, mineral and timber rights, unless the board determines other encumbrances will not unduly limit the management of the lands consistent with ORS 530.010 to 530.170. All titles shall be approved by the Attorney General before conveyance is accepted. However, the Attorney General may approve title to lands proposed to be acquired from counties under the provisions of ORS 530.030 or proposed to be acquired by donation or devise when, in the opinion of the Attorney General, existing defects of title are of formal nature and may be cured by suit to quiet title. In case of acquisition of lands with defective title, the Attorney General may institute suit to quiet title to such lands, and all costs in connection therewith shall be a proper charge against the funds of the board. All deeds, abstracts, title insurance policies, and other evidences of title to lands acquired under ORS 530.010 to 530.040 shall be deposited with the Secretary of State. All deeds shall promptly be recorded in the county in which the lands are situated. [Amended by 1955 c.421 �1; 2009 c.831 �9]

�� 530.025 Interests in acquired lands; management of lands; sales. For acquisitions made by the State Board of Forestry on or after July 28, 2009:

�� (1) The board may hold and manage lands alone or in cooperation with other entities, including but not limited to community forest authorities under ORS 530.600 to 530.628.

�� (2) The board may acquire lands or partial interest in lands, including but not limited to conservation easements.

�� (3) Subject to any covenants under ORS 530.130 or 530.147, the board may sell lands or partial interest in lands, including but not limited to conservation easements, to other parties if the board determines that the other parties are better situated to manage the lands for the long term. [2009 c.831 �2]

�� Note: 530.025 was added to and made a part of 530.010 to 530.170 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 530.030 Conveyance of county lands to state; consideration; adjustment of delinquent fire patrol liens; contracts concerning removal of timber and disposition of proceeds from sale thereof. (1) The county court or board of county commissioners of any county may convey to the state for state forests any lands heretofore or hereafter acquired by such county through foreclosure of tax liens, or otherwise, that are within the classification of lands authorized to be acquired under ORS 530.010, if the State Board of Forestry deems such lands necessary or desirable for acquisition, in consideration of the payment to such county of the percentage of revenue derived from such lands as provided in ORS 530.110. In connection with any such conveyance, the State Board of Forestry shall have authority to make equitable adjustments with any county of accrued delinquent fire patrol liens on lands heretofore or hereafter acquired by such county by foreclosure of tax liens.

�� (2) As to such lands acquired by the State Board of Forestry with title to the timber remaining in the county for a designated period of time, the State Forester may enter into contracts with the county to supervise the removal and sale of such timber, and under such contracts the gross proceeds of the sale thereof shall be disposed of as follows:

�� (a) Ten percent of such gross proceeds shall be paid into the State Treasury and credited to the State Forestry Department Account and shall be used exclusively for the purposes and under the limitations set out in ORS 530.110 (1)(a).

�� (b) A percentage of such gross proceeds shall be accepted by the State Forester, pursuant to written contract with the county authority, as compensation for the supervision and management of county-owned timber. The moneys so derived shall be paid into the State Treasury and credited to the State Forestry Department Account and shall be used exclusively for the supervision and management of state forests acquired pursuant to ORS 530.010. [Amended by 1953 c.65 �5; 1957 c.83 �13; 1965 c.423 �1; 2007 c.71 �171]

�� 530.040 Exchange of forestland or timber; reservations; hearing; approval of title; status of lands received. (1) It is desirable that lands acquired under the provisions of ORS 530.010 shall be consolidated in areas wherever possible through exchanges of land. It is recognized that the management of state forests will be more economically feasible through such consolidation.

�� (2) In order to accomplish the objectives of subsection (1) of this section, the State Board of Forestry may exchange any land acquired under the provisions of ORS 530.010, or may exchange the timber on such land, for land of approximately equal aggregate value, situated in the same county, when such exchange is in furtherance of the purposes of ORS 530.010. However, the State Board of Forestry may exchange land or timber situated in one county or counties for land situated in another county or counties if such exchange is first approved by the county court or board of county commissioners of each county involved. Either party to any such exchange may make reservations of easements, rights of use and other interests and rights. Under the authority granted in this section, the State Board of Forestry may provide or receive, in addition to land to be exchanged, a monetary consideration where necessary to make the values comply with this subsection.

�� (3) Before making any such exchange, the State Board of Forestry shall hold a hearing thereon at the courthouse of the county in which such lands are situated and shall give notice of the time and place thereof by publication in two successive issues of a newspaper of general circulation published in such county. The notice shall contain a description of the lands to be given and to be received in the proposed exchange. However, no such exchange shall be made until the title to the lands to be received has been approved by the Attorney General.

�� (4) All lands received in exchange shall have the same status and be subject to the same provisions of law as the lands given in exchange therefor. [Amended by 1955 c.421 �2; 1959 c.103 �1; 1967 c.396 �2; 2007 c.71 �172]

�� 530.050 Management of lands acquired; powers of forester; rules. Under the authority and direction of the State Board of Forestry except as otherwise provided for the sale of forest products, the State Forester shall manage the lands acquired pursuant to ORS 530.010 to 530.040 so as to secure the greatest permanent value of those lands to the state, and to that end may:

�� (1) Protect the lands from fire, disease and insect pests, cooperate with the counties and with persons owning lands within the state in the protection of the lands and enter into all agreements necessary or convenient for the protection of the lands.

�� (2) Sell forest products from the lands, and execute mining leases and contracts as provided for in ORS 273.551.

�� (3) Enter into and administer contracts for the sale of timber from lands owned or managed by the State Board of Forestry and the State Forestry Department.

�� (4) Enter into and administer contracts for activities necessary or convenient for the sale of timber under subsection (3) of this section, either separately from or in conjunction with contracts for the sale of timber, including but not limited to activities such as timber harvesting and sorting, transporting, gravel pit development or operation, and road construction, maintenance or improvement.

�� (5) Permit the use of the lands for other purposes, including but not limited to forage and browse for domestic livestock, fish and wildlife environment, landscape effect, protection against floods and erosion, recreation, and protection of water supplies when, in the opinion of the board, the use is not detrimental to the best interest of the state.

�� (6) Grant easements, permits and licenses over, through and across the lands. The State Forester may require and collect reasonable fees or charges relating to the location and establishment of easements, permits and licenses granted by the state over the lands. The fees and charges collected shall be used exclusively for the expenses of locating and establishing the easements, permits and licenses under this subsection and shall be placed in the State Forestry Department Account.

�� (7) Require and collect fees or charges for the use of state forest roads. The fees or charges collected shall be used exclusively for purposes of maintenance and improvements of the roads and shall be placed in the State Forestry Department Account.

�� (8) Reforest the lands and cooperate with the counties, and with persons owning timberlands within the state, in the reforestation, and make all agreements necessary or convenient for the reforestation.

�� (9) Require such undertakings as in the opinion of the board are necessary or convenient to secure performance of any contract entered into under the terms of this section or ORS 273.551.

�� (10) Sell rock, sand, gravel, pumice and other such materials from the lands. The sale may be negotiated without bidding, provided the appraised value of the materials does not exceed $2,500.

�� (11) Enter into agreements, each for not more than 10 years duration, for the production of minor forest products.

�� (12) Establish a forestry carbon offset program to market, register, transfer or sell forestry carbon offsets. In establishing the program, the forester may:

�� (a) Execute any contracts or agreements necessary to create opportunities for the creation of forestry carbon offsets; and

�� (b) Negotiate prices that are at, or greater than, fair market value for the transfer or sale of forestry carbon offsets.

�� (13) Establish a forestry renewable woody biomass conversion program to market, register, transfer or sell forestry woody biomass conversion offtakes. In establishing the program, the forester may:

�� (a) Execute any contracts or agreements necessary to create opportunities for the creation of forestry woody biomass conversion offtakes; and

�� (b) Negotiate prices that are at, or greater than, fair market value for the transfer or sale of forestry woody biomass conversion offtakes.

�� (14) Do all things and make all rules, not inconsistent with law, necessary or convenient for the management, protection, utilization and conservation of the lands. [Amended by 1953 c.65 �5; 1955 c.421 �3; 1957 c.228 �1; 1959 c.141 �1; 1963 c.475 �1; 1965 c.128 �1; 1967 c.396 �3; 1983 c.759 �9; 2001 c.752 �8; 2005 c.103 �37; 2015 c.447 �1; 2023 c.442 �31]

�� 530.053 Holiday recreational use; armed forces personnel and veterans. If, under ORS 530.050, the State Forester permits the use of lands acquired pursuant to ORS 530.010 to 530.040 for recreation, the State Forester shall authorize the recreational use of the lands without charge to the following persons, upon showing of proper identification and any documentation issued by the State Parks and Recreation Department that is issued to serve as proof of eligibility to use a state park, individual campsite or day use fee area without charge under ORS 390.124 (2)(c)(D):

�� (1) Disabled veterans; and

�� (2) Persons on leave from military active duty status on Memorial Day, Independence Day or Veterans Day. [2017 c.729 �2]

�� Note: 530.053 was added to and made a part of ORS chapter 530 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 530.055 Leasing lands acquired. Except as limited in this section but subject to separate sale of forest products under ORS 530.059, lands acquired under ORS 530.010 to 530.040 may be leased by the State Forester to any person when approved by the State Board of Forestry and for purposes deemed by the board to be more in the public interest than the purposes for which the land was acquired. [1965 c.128 �3]

�� 530.059 Procedure for sales of forest products; surety deposit required of bidder. (1) Before offering any forest products for sale under authority of ORS 530.050 or 530.500, the State Forester shall cause the forest products to be appraised. Should the appraised value of the forest products be in excess of $25,000, the State Forester shall not sell the same to a private person, firm or corporation, except after giving notice of the sale as required by this section, and affording an opportunity for competitive bidding either by public auction or through sealed bids, or a combination of both; provided, however, that such notice and opportunity for competitive bidding will not be required for sales in connection with:

�� (a) Experimental or research projects in the field of forestland management or forest product utilization.

�� (b) The removal, injury or destruction of forest products necessitated by any grant of easement or right of way, or necessitated by a permit or license to use a right of way, including trees which may endanger the use of such easement or way.

�� (c) The removal of forest products with an appraised value of less than $100,000 that, as a result of an act of nature or other unforeseen circumstance:

�� (A) Pose a threat to the health of the forests, waterways or forest road infrastructures; or

�� (B) Will lose value as a result of potential theft.

�� (d) The removal of forest products with an appraised value of less than $100,000 to facilitate the development, placement or maintenance of forest road infrastructures.

�� (2) The State Forester shall give the notice required by subsection (1) of this section by mail to all persons requesting such notice and in such other media of communication as the State Forester may deem advisable. The State Forester shall maintain a mailing list with the names and addresses of persons who have requested to receive State Forestry Department notices of timber sales. The notice shall describe the forest products to be sold and the land on which such products are situated, state the minimum price at which the same may be sold, and contain a brief statement of the terms of the sale. As a provision of each sale, the State Forester shall reserve the right to accept or reject any or all bids.

�� (3) Prior to or at the time the State Forester receives bids, each bidder shall furnish the State Forester with a certified check, cashier�s check, money order, surety bond, cash deposit, assignment of surety, irrevocable letters of credit or other securities as determined acceptable by the State Forester in an amount designated by the State Forester. The amount designated by the State Forester may not exceed 10 percent of the minimum price of the forest products to be sold or $500,000, whichever is less. The State Forester shall retain the amounts furnished by the successful bidder as a credit toward payment of the purchase price of the forest products sold. The State Forester shall return the amounts furnished by an unsuccessful bidder after determination of the successful bid. Any checks, bonds or orders furnished under this subsection shall be made payable to the State of Oregon.

�� (4) If the provisions of this section have been complied with, and no satisfactory bid has been received, or the bidder fails to complete the purchase, the State Forester may, at any time, during a period of six months after the advertised date of sale, sell the forest products in such manner as the forester deems appropriate, but the sale price shall not be less than the minimum terms offered in the notice of sale or the highest bid received, whichever is the larger amount. [1959 c.141 �4; 1963 c.475 �2; 1967 c.396 �4; 1975 c.185 �7; 1983 c.759 �10; 1987 c.324 �1; 1995 c.375 �3; 1997 c.285 �1; 2014 c.47 �3]

�� 530.060 [Repealed by 1957 c.229 �1]

�� 530.061 Surety deposit required of successful purchaser. The State Forester may require the successful purchaser at a forest products sale to provide a surety bond, cash deposit, assignment of surety, irrevocable letters of credit or other securities as determined acceptable by the State Forester for the purpose of securing performance by the purchaser. The required amount of a bond, deposit, assignment, letter of credit or other security may not be more than $500,000. Claims by any person against the bond, deposit, assignment, letter of credit or other security shall be made to the State Forester for determination. If the claim is disputed, the State Forester may request settlement of the claim through compromise or mediation or require that the claim be litigated. Unless there is a claim awaiting determination, the State Forester shall return any unexpended amount from the bond, deposit, assignment, letter of credit or other security no later than 180 days after the earlier of the completion of operations under the sales contract or the termination date in the sales contract. [2014 c.47 �2]

�� 530.065 Modifying timber sale contracts. (1) During the period of a timber sale contract made under ORS 530.059, either party may propose to change or modify the terms of the contract if unforeseen circumstances develop. As used in this subsection, �unforeseen circumstances� means acts of nature or other unforeseen circumstances or conditions that:

�� (a) Affect the nature or scope of the work to be performed or volume to be harvested under the terms of the sale contract made by the State Forester; or

�� (b) Require additional work or harvest in an area adjacent to a timber sale made by the State Forester.

�� (2) The State Forester is hereby authorized to change or modify the terms or conditions of the contract in the event of unforeseen circumstances requiring such change or modification under subsection (1) of this section only when:

�� (a) Such change or modification is in the best interest of the State of Oregon; and

�� (b) The purchaser of the timber sale agrees that the proposed change or modification will maintain an equitable contractual relationship between the parties. [1965 c.128 �2; 1983 c.759 �11; 1997 c.285 �2]

�� 530.070 [Repealed by 1957 c.229 �1]

�� 530.075 Validation of state acquisition of county land; purposes for which land may be used; disposition of revenue. (1) Notwithstanding ORS chapter 275 or any other law, deeds of conveyance or other instruments transferring county forests, public parks or recreational areas, from a county to the State of Oregon, either acting by and through or for the use and benefit of the State Board of Forestry, are validated and shall be conclusive evidence of the transfer of such lands from the county to the state.

�� (2) The State Board of Forestry shall use, manage and develop such lands for the purposes designated in ORS 275.320 if such lands are suitable for such purposes; otherwise, the lands shall be used for the purposes stated in ORS 530.010 and any revenue derived from the sale of forest products from such lands shall be disposed of in accordance with the provisions of ORS 530.110 (2). In other instances where the county received title to the land from a grantor with the provision that the land be used for particular purposes, this section shall not be construed to obviate such purposes. [1963 c.475 �3]

�� 530.080 [Repealed by 1957 c.229 �1]

�� 530.090 [Repealed by 1957 c.229 �1]

�� 530.100 [Repealed by 1957 c.83 �26]

�� 530.110 Distribution of revenues from lands acquired under ORS 530.010 to 530.040. (1) All revenues derived from lands acquired without cost to the state, or acquired from counties pursuant to ORS 530.030, shall be paid into the State Treasury and credited to the State Forestry Department Account and shall be used in accordance with the following distribution:

�� (a) Fifteen percent shall be credited to the State Forests Protection Subaccount of the State Forestry Department Account until the amount in such subaccount reaches $475,000. Thereafter, the revenues shall be disposed of as stated in paragraphs (b) and (c) of this subsection, unless needed to maintain the $475,000 level. All moneys in the State Forests Protection Subaccount are continuously appropriated to the State Forester who may use such money under the following priorities:

�� (A) First, in addition to or in lieu of other moneys available, to pay the cost of protection, as determined under ORS 477.270, for lands acquired under ORS

ORS 536.075

536.075, the Water Resources Commission may not cancel the permit or appropriation under ORS 537.440 until the petitioner�s right of review is exhausted and the order is finally approved. [1971 c.734 �82; 1985 c.673 �44; 2025 c.575 �14]

�� 537.450 Rules for proof as to work and use of water under permits; noncompliance as evidence in cancellation proceedings. The Water Resources Commission may by rule provide that the owners of permits shall submit or furnish proofs of commencement of work, prosecution of work with due diligence, completion of work, and of the application of water to a beneficial use under the permits. Failure to comply with the commission�s rules in respect to the proofs shall be considered prima facie evidence of failure to commence work, prosecute work with due diligence, complete work, or apply water to the beneficial use contemplated by the permit in proceedings under ORS

ORS 537.140

537.140 to 537.252. A railway corporation may acquire by purchase, gift or devise, or by condemnation as provided in subsection (2) of this section, any water rights owned by any person and the rights of other persons affected by change of place or character of use of the water rights. Upon acquisition of the water rights by the corporation the right shall be severed from the land of the grantor and simultaneously transferred and become appurtenant to the operating property of the railway corporation, without losing the priority of the water right as originally established.

�� (2) Any such corporation may condemn and appropriate for railway operating purposes the rights of any private appropriator of waters within the state. The right of condemnation shall be exercised in the same manner as other property is condemned and appropriated for railway purposes; provided, that no water right so condemned shall exceed two cubic feet per second.

�� (3) Upon satisfactory proof of the acquisition of water rights by any such corporation through purchase, gift, devise or condemnation, the Water Resources Commission shall issue to the corporation a certificate of the same character as that described in ORS 539.140, which shall be recorded and transmitted to the corporation, as provided in that section. All certificates of water rights issued before May 29, 1925, by the Board of Control or the Water Resources Director to any such corporation shall be sufficient in law to convey to the corporation the water rights described in the certificates, and such certificates shall be received in evidence in all courts in this state. [Amended by 1985 c.673 �40]

�� 537.320 Entry on land for survey purposes, preliminary to appropriation and diversion of waters. Any person may enter upon any land for the purpose of locating a point of diversion of the water intended to be appropriated, and upon any land lying between such point and the lower terminus of the proposed ditch, canal or flume of the person, for the purpose of examining the same and of locating and surveying the line of such ditch, canal or flume, together with the lines of necessary distributing ditches and feeders, and to locate and determine the site for reservoirs for storing water.

�� 537.330 Disclosure required in real estate transaction involving water right; exception; delivery of available permit, order or certificate; effect of failure to comply. (1) In any transaction for the conveyance of real estate that includes a water right, the seller of the real estate shall, upon accepting an offer to purchase that real estate, also inform the purchaser in writing whether any permit, transfer approval order or certificate evidencing the water right is available and that the seller will deliver any permit, transfer approval order or certificate to the purchaser at closing, if the permit, transfer approval order or certificate is available.

�� (2) Upon closing and delivery of the instrument of conveyance in a real estate transaction involving the transfer of a water right, the seller shall also deliver to the purchaser evidence of any permit, transfer approval order or certificate of water rights if the permit, transfer approval order or certificate is available.

�� (3) The failure of a seller to comply with the provisions of this section does not invalidate an instrument of conveyance executed in the transaction.

�� (4) This section does not apply to any transaction for the conveyance of real estate that includes a water right when the permit, transfer approval order or certificate evidencing the water right is held in the name of a district or corporation formed pursuant to ORS chapter 545, 547, 552, 553 or 554.

�� (5) As used in this section:

�� (a) �Certificate� means a certificate or registration issued under ORS 537.250 (1), 537.585,

ORS 537.340

537.340]

PONDS AND RESERVOIRS

�� 537.400 Reservoir permits. (1) All applications for reservoir permits shall be subject to the provisions of ORS 537.130, 537.140, 537.142 and 537.145 to 537.240, except that an enumeration of any lands proposed to be irrigated under the Water Rights Act shall not be required in the primary permit. But the party proposing to apply to a beneficial use the water stored in any such reservoir shall file an application for permit, to be known as the secondary permit, in compliance with the provisions of ORS 537.130, 537.140, 537.142 and 537.145 to 537.240. The application shall refer to the reservoir for a supply of water and shall show by documentary evidence that an agreement has been entered into with the owners of the reservoir for a sufficient interest in the reservoir to impound enough water for the purposes set forth in the application, that the applicant has provided notice of the application to the operator of the reservoir and, if applicable, that an agreement has been entered into with the entity delivering the stored water. When beneficial use has been completed and perfected under the secondary permit, the Water Resources Department shall take the proof of the water user under the permit. The final certificate of appropriation shall refer to both the ditch described in the secondary permit and the reservoir described in the primary permit.

�� (2) Whenever application is made for permit to store water in a reservoir or pond for any beneficial use which does not contemplate future diversion of the stored water except by livestock drinking from stock water ponds, the extent of utilization thereof may be included in the reservoir permit and no secondary permit shall be required. However, in cases where water from a stream is required to maintain a reservoir or pond by replacing evaporation and seepage losses, or is required to maintain suitable fresh water conditions for the proposed use and to prevent stagnation, the applicant for permit to store water in such reservoir or pond shall also file an application for permit to appropriate the waters of the stream.

�� (3) An application submitted to construct a reservoir storing less than 9.2 acre-feet of water or with a dam less than 10 feet in height need not be accompanied by a map prepared by a water right examiner certified under ORS 537.798 as required by ORS 537.140 (4). The map submitted with the application shall comply with standards established by the Water Resources Commission. The survey required under ORS 537.230 shall be prepared by a water right examiner certified under ORS 537.798 and shall be submitted to the department before the department issues the water right certificate.

�� (4) If a dam is subject to approval under ORS 540.449, the department may issue a final order approving an application on the basis of preliminary examination of the site, plans and specifications, features and other supporting information if the approval includes a condition requiring department approval of final documentation for the site, plans and specifications, features and other supporting information under ORS 540.449 before the permit is issued.

�� (5) Notwithstanding the provisions of ORS 537.211 (2), the department may approve an application for a reservoir permit for a dam that is subject to construction plan approval under ORS 540.449 and issue a permit, subject to the condition that before the reservoir may be filled, the permittee shall submit to the department evidence that the permittee owns, or has written authorization or an easement permitting access to, all lands to be inundated by the reservoir. [Formerly

ORS 537.545

537.545, casings, fittings, valves, pipes, pumps, measuring devices and backflow prevention devices.

�� (f) Prosecute actions and suits to enjoin violations of ORS 537.505 to 537.795 and 537.992, and appear and become a party to any action, suit or proceeding in any court or before any administrative body when it appears to the satisfaction of the commission that the determination of the action, suit or proceeding might be in conflict with the public policy expressed in ORS 537.525.

�� (g) Call upon and receive advice and assistance from the Environmental Quality Commission or any other public agency or any person, and enter into cooperative agreements with a public agency or person.

�� (h) Adopt and enforce rules necessary to carry out the provisions of ORS 537.505 to 537.795 and 537.992 including but not limited to rules governing:

�� (A) The form and content of registration statements, certificates of registration, applications for permits, permits, certificates of completion, ground water right certificates, notices, proofs, maps, drawings, logs and licenses;

�� (B) Procedure in hearings held by the commission; and

�� (C) The circumstances under which the helpers of persons operating well drilling machinery may be exempt from the requirement of direct supervision by a licensed water well constructor.

�� (i) In accordance with applicable law regarding search and seizure, apply to any court of competent jurisdiction for a warrant to seize any well drilling machine used in violation of ORS 537.747 or 537.753.

�� (2) In the administration of ORS 537.505 to 537.795 and 537.992 in a ground water quality management area, as defined in ORS 468B.150, the Water Resources Department shall require compliance with backflow prevention rules.

�� (3) Notwithstanding any provision of subsection (1) of this section, in administering the provisions of ORS 537.505 to 537.795 and 537.992, the commission may not:

�� (a) Adopt any rule restricting ground water use in an area unless the rule is based on substantial evidence in the record of the Water Resources Department to justify the imposition of restrictions.

�� (b) Make any determination that a ground water use will impair, substantially interfere or unduly interfere with a surface water source unless the determination is based on substantial evidence. Such evidence may include reports or studies prepared with relation to the specific use or may be based on the application of generally accepted hydrogeological principles to the specific use.

�� (4) At least once every three years, the commission shall review any rule adopted under subsection (3) of this section that restricts ground water use in an area. The review process shall include public notice and an opportunity to comment on the rule.

�� (5) The commission may establish by rule, and enforce, backflow prevention standards for the use of surface water in a ground water quality concern area or a ground water quality management area, as those terms are defined in ORS 468B.150. [1955 c.708 �32; 1981 c.416 �7; 1985 c.673 �73; 1989 c.833 �60; 1995 c.549 �2; 2021 c.610 �14; 2025 c.605 �38]

�� 537.781 Applying for injunction to address violation or potential violation. If the Water Resources Department has information that a person has engaged, or is about to engage, in any activity that is or will be a violation of ORS 537.747, 537.753, 537.762 or

ORS 537.632

537.632; 1981 c.416 �5; 1985 c.615 �7; 1985 c.673 �69; 1987 c.109 �2; 1989 c.129 �1; 1999 c.293 �4; 2003 c.594 �3; 2005 c.156 �2; 2009 c.766 �1; 2021 c.610 ��8,9,10; 2025 c.491 �1]

�� 537.763 Water Resources Department Operating Fund. (1) There is established in the State Treasury the Water Resources Department Operating Fund to provide for the payment of the administrative expenses of the Water Resources Commission in carrying out the provisions of ORS 537.762.

�� (2) The Water Resources Department Operating Fund shall consist of:

�� (a) Fees received pursuant to ORS 537.762.

�� (b) All moneys received on behalf of the fund by gift, grant or appropriation, from whatever source.

�� (3) The Water Resources Department Operating Fund shall be separate and distinct from the General Fund. All interest earned by the Water Resources Department Operating Fund, if any, shall inure to the benefit of the fund.

�� (4) In expending moneys in the fund received from fees pursuant to ORS 537.762, the biennial limitations on expenditures of the Water Resources Department shall be:

�� (a) No more than five percent for well inspection administrative support;

�� (b) No more than 20 percent for well inspection technical and information services; and

�� (c) No less than 75 percent for well inspection field investigation, enforcement and review of well logs. [1989 c.129 �4; 2003 c.594 �4; 2021 c.610 �21]

�� Note: 537.763 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 537 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 537.765 Log of constructing, altering, abandoning or converting well; furnishing samples to Water Resources Commission; rules. (1) As used in this section, �licensed or permitted person� means a person licensed under ORS 537.747 or permitted under ORS 537.753 (4).

�� (2) The business or activity of constructing new wells or altering, abandoning or converting existing wells is declared to be a business or activity affecting the public welfare, health and safety. In order to enable the state to protect the welfare, health and safety of its residents, any licensed or permitted person shall keep a log of each well constructed, altered, abandoned or converted and shall electronically file a certified copy of the log with the Water Resources Department within 30 days after the completion of the construction, alteration, abandonment or conversion.

�� (3) The department shall provide to a licensed or permitted person acknowledgment of receipt of a well log submitted under this section within 120 days of receipt.

�� (4) Each log that a licensed or permitted person files under this section shall be in a form prescribed by the department and shall show:

�� (a) The name and post-office address of the owner of the well.

�� (b) The name and license number, if applicable, of the licensed or permitted person performing the work.

�� (c) The name and license number, if applicable, of the licensed or permitted person responsible for the work.

�� (d) The name of any person that assisted with the work.

�� (e) The location of the well by county tax lot number, township, range and section, and to the nearest quarter-quarter section, and by the latitude and longitude as established by a global positioning system.

�� (f) The dates of commencement and completion of the work of constructing, altering, abandoning or converting the well.

�� (g) The depth, diameter and type of the well.

�� (h) The kind and amount of the casing and where placed in the well, including the number and location of perforations or screens.

�� (i) The flow in cubic feet per second or gallons per minute of a flowing well, and the shut-in pressure in pounds per square inch.

�� (j) The static water level with reference to the land surface, and the drawdown with respect to the amount of water pumped per minute, when a pump test is made.

�� (k) The kind and nature of the material in each stratum penetrated, with at least one entry for each change of formation, and the thickness of aquifers.

�� (L) The temperature of the ground water encountered and other characteristics of the ground water in detail as required by the department.

�� (5) If required by the department, the licensed or permitted person shall furnish to the department samples of the ground water and of each change of formation in containers furnished and transportation expense paid by the department.

�� (6) Not later than 120 days after a well log is submitted pursuant to this section, the department shall:

�� (a) Review the well log to identify any deficiencies and assess compliance with the standards that were in effect when the well that is the subject of the well log was constructed, altered, abandoned or converted.

�� (b) Notify the licensed or permitted person who submitted the well log that the review has been completed.

�� (7) The Water Resources Commission may adopt rules establishing precision requirements and standards for global positioning system equipment used to obtain information submitted under subsection (4)(e) of this section.

�� (8) The commission may adopt rules that waive the electronic submittal requirement. [1955 c.708 �29; 1961 c.334 �11; 1981 c.416 �6; 1985 c.673 �70; 1993 c.774 �5; 1995 c.77 �1; 1999 c.293 �5; 2021 c.610 ��11,12,13]

(Well Constructors Continuing Education Committee)

�� Note: Sections 2, 4 and 7, chapter 496, Oregon Laws 2001, provide:

�� Sec. 2. (1) There is established a Well Constructors Continuing Education Committee consisting of six members appointed by the Water Resources Director as follows:

�� (a) One person representing the Water Resources Department;

�� (b) Three persons from the well drilling industry licensed pursuant to ORS 537.747;

�� (c) One person having expertise in ground water quality or public health; and

�� (d) One person having expertise in employee safety.

�� (2) The term of office of each member is three years, but a member serves at the pleasure of the director. Before the expiration of the term of a member, the director shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the director shall make an appointment to become effective immediately for the unexpired term.

�� (3) A member of the committee is entitled to travel expenses as provided in ORS 292.495.

�� (4) Members of the committee must be residents of this state who are knowledgeable about the principles of well construction.

�� (5) The committee shall select one of its members as chairperson and another as vice chairperson, for such terms and with the duties and powers necessary for the performance of the functions of such offices as the committee determines.

�� (6) Four members of the committee constitute a quorum for the transaction of business. At least four members of the committee must approve all official actions or decisions of the committee. [2001 c.496 �2; 2021 c.610 �17]

�� Sec. 4. (1) The Well Constructors Continuing Education Committee shall recommend to the Water Resources Commission a process for reviewing and approving continuing education requirements for licensed water well constructors established by rule pursuant to subsection (2) of this section.

�� (2) The commission shall adopt rules necessary for the administration of a continuing education program for licensed water well constructors consistent with the recommendations of the committee.

�� (3) The rules adopted by the commission under this section for the continuing education program shall:

�� (a) Authorize the committee to review and approve continuing education courses and to assign continuing education credits.

�� (b) At a minimum require, for renewal of a license issued under ORS 537.747, that an applicant:

�� (A) Through clinics, schools, professional organizations or seminars, lectures or other courses of study that relate to the practice of well construction and that are approved by the committee, obtain continuing education credits during each licensing period in an amount designated by the commission, but not to exceed 14 credits; and

�� (B) Furnish proof on a form approved by the committee that the applicant has complied with the continuing education requirements during the preceding licensing period unless the applicant is exempt under subsection (4) of this section.

�� (4) The commission may waive the continuing education requirements established by rule pursuant to subsection (2) of this section for a licensed water well constructor if the constructor submits satisfactory evidence of inability to attend continuing education courses because of health, military duty or other circumstances beyond the control of the constructor.

�� (5) For courses sponsored by the Water Resources Department, the fee for one continuing education credit is $45, and the total fees per day may not exceed $275.

�� (6) The fees collected under this section for continuing education courses sponsored by the department shall be paid into the Water Resources Department Water Right Operating Fund. Notwithstanding ORS 536.009, such moneys shall be used to pay the department�s expenses associated with conducting continuing education courses.

�� (7) At the time of application to renew a water well constructor�s license pursuant to ORS

ORS 539.010

539.010 (5) and to whether other governmental requirements relating to the project have significantly delayed completion of construction or perfection of the right.

�� (5) Except as provided in subsection (6) of this section and ORS 537.409, upon completion of beneficial use as required under this section, the holder of a permit shall hire a water right examiner certified under ORS 537.798 to survey the appropriation. Within one year after application of water to a beneficial use or the beneficial use date allowed in the permit, the holder shall submit a map of the survey as required by the Water Resources Department, that shall accompany the request for a water right certificate submitted to the department under ORS 537.250. If any property described in the permit is not included in the request for a water right certificate, the holder shall state the identity of the record owner of that property.

�� (6) The Water Resources Director may waive the requirement under subsection (5) of this section that a holder of a permit hire a water right examiner certified under ORS 537.798 if:

�� (a) The permit is a supplemental water right that shares the same distribution system and same place of use as the primary water right; and

�� (b) The department determines that there is sufficient information in the records of the department to determine proof of beneficial use.

�� (7) Notwithstanding ORS 537.410, for purposes of obtaining a water right certificate under ORS 537.250 for a supplemental water right, the holder of a permit shall have a facility capable of handling the full rate and duty of water requested from the supplemental source and be otherwise ready, willing and able to use the amount of water requested, up to the amount of water approved in the water right permit. To obtain a certificate for a supplemental water right, the holder is not required to have actually used water from the supplemental source if:

�� (a) Water was available from the source of the primary water right and the primary water right was used pursuant to the terms of the primary water right; or

�� Note: Section 27, chapter 282, Oregon Laws 2025, provides:

�� Sec. 27. (1) The amendments to ORS 537.230 and 537.630 by sections 25 and 26 of this 2025 Act apply to:

�� (a) Development timelines on new water right permits for which the proposed final order for the water right permit application is issued on or after the operative date specified in section 48 of this 2025 Act [April 1, 2026].

�� (b) Extension applications submitted on or after the operative date specified in section 48 of this 2025 Act for permits for quasi-municipal, group domestic or group domestic expanded uses.

�� (2) Notwithstanding ORS 537.230 and 537.630, except for a holder of a permit for municipal, quasi-municipal, group domestic or group domestic expanded uses, the following applications for extensions on permits will be processed under subsection (3) of this section:

�� (a) Permits with extension applications pending under ORS 537.230 or 537.630 for which a proposed final order on the extension has not been issued before the operative date specified in section 48 of this 2025 Act.

�� (b) Permits with a proposed final order issued on a water right application before the operative date specified in section 48 of this 2025 Act if the extension application is submitted on or after the operative date specified in section 48 of this 2025 Act.

�� (3) The Water Resources Department shall order and allow one extension of time for up to two years from the date that an extension is approved if the department determines that:

�� (a) Fish-related conditions have been satisfied; and

�� (b) Good cause for the extension has been shown. [2025 c.282 �27]

�� 537.240 Federal permit; time for obtaining; cancellation; time for beginning and completing work. (1) In any case where a permit from the Federal Energy Regulatory Commission is or shall be required in connection with the development of the applicant�s proposed project, the applicant shall make application for the necessary federal permit or license within six months, or, if the applicant is a municipal corporation, within 10 years, from the date of filing application for appropriation of water with the Water Resources Department.

�� (2) Upon failure of the applicant to file with the department, within 30 days after the expiration of the period above prescribed, satisfactory proof that application for the federal permit or license has been duly made, the application to appropriate water shall be terminated and become void.

�� (3) Where the application for the necessary permit or license from the Federal Energy Regulatory Commission is finally rejected or disallowed, or if after being granted, the permit or license is revoked or forfeited because of failure to begin or carry on the construction work when and as required by the permit or license, then the department shall, upon the filing in the Water Resources Department of satisfactory proof of such fact, revoke and cancel any permit issued by the department for appropriation of water for use in the project for which the federal permit or license was required.

�� (4) In case of any permit issued for the appropriation of water for the utilization of which a permit or license from the Federal Energy Regulatory Commission is necessary, the time to be allowed for the beginning and completion of construction under the permit from the department shall be made to conform to the time fixed for such beginning and completion in the permit or license, and in any extension thereof, issued for the project by the Federal Energy Regulatory Commission. [Amended by 1985 c.673 �36; 1995 c.416 �36]

�� 537.248 Requirement to include in reservoir permit date for beginning and completing construction and for perfecting water right; extension. (1) When the Water Resources Department issues a reservoir permit for a new storage project to a county, municipality or district, the department shall include in the permit a date, not more than 10 years after the date the permit is issued, to begin and complete construction of diversion or storage works and to perfect the water right. An application for a reservoir permit under this section shall be subject to the provisions of ORS 537.140 to 537.211, except that the applicant need not submit engineering plans and specifications before the permit is issued. However, the applicant may not begin construction of the reservoir until the department approves the engineering plans and specifications.

�� (2) By order, the Water Resources Director may extend the date for beginning and completing construction and for completing perfection of the use if the applicant shows reasonable diligence and good cause. An extension allowed under this subsection shall not exceed 10 years, but the applicant may request additional extensions.

�� (3) As used in this section, �district� includes the entities set forth in ORS 198.010 and

ORS 539.230

539.230 and 539.240; and

�� (b) Determine claims filed or registered under ORS 539.230 and 539.240.

�� (5) No registration statement or statement and proof of claim shall be accepted for filing unless the registration statement or claim is accompanied by the fee in the amount set forth in this section. If the federal government is determined to be immune from the payment of such fees, the director may elect to accept a federal claim for filing without the accompanying fees. [1987 c.541 �7 (enacted in lieu of 539.080); 1989 c.691 �8; 1993 c.157 �3; 1993 c.535 �1; 2013 c.644 ��11,12; 2017 c.571 ��9,10; 2021 c.515 �5; 2025 c.570 �5]

�� 539.090 Notice of right to inspect evidence, and of place of court hearing. Upon the completion of the taking of testimony by the Water Resources Director, the director shall at once give notice by registered mail or by certified mail with return receipt to the various claimants and to any party who has notified the director that the party wishes to contest the claims of others, that all of the evidence will be open to inspection of the various claimants or owners. The notice shall specify the times when and the places where the evidence will be open to inspection, and the director shall keep the evidence open for inspection at the specified times and places. The earliest time for inspection shall be at least 10 days after mailing the notice; and, in the aggregate, the hours during which the director is to keep the evidence open to inspection shall at least equal 80 hours, counting only the hours between 8 a.m. and 5 p.m. during any day of the week except Sunday. The director shall also state in the notice the county in which the determination will be heard by the circuit court; provided, that the cause shall be heard in the county in which the stream or some part thereof is situated. [Amended by 1955 c.191 �1; 1989 c.691 �9; 1991 c.249 �46]

�� 539.100 Contest of claims submitted to director; notice by contestant; service on contestee. Any person owning any irrigation works, or claiming any interest in the stream involved in the determination shall be a party to, and bound by, the adjudication. Any party who desires to contest any of the rights of the persons who have submitted their evidence to the Water Resources Director as provided in ORS 539.021 to 539.090 shall, within 15 days after the expiration of the period fixed in the notice for public inspection, or within such extension of the period, not exceeding 20 days, as the director may allow, notify the director in writing, stating with reasonable certainty the grounds of the proposed contest, which statement shall be verified by the affidavit of the contestant, the agent or attorney of the contestant. A party not claiming an undetermined vested right under this chapter or not contesting the claim of another need not participate further in the proceeding, nor be served with further notices or documents regarding the adjudication. Upon the filing of a statement of contest, service thereof shall be made by the contestant upon the contestee by mailing a copy by registered mail or by certified mail, return receipt requested, addressed to the contestee or to the authorized agent or attorney of the contestee at the post-office address of the contestee as stated in the statement and proof of claim of the contestee. Proof of service shall be made and filed with the Water Resources Department by the contestant as soon as possible after serving the copy of statement of contest. [Amended by 1989 c.691 �10; 1991 c.102 �5; 1991 c.249 �47]

�� 539.110 Hearing of contest; notice of; procedure. The Water Resources Director shall fix the time and a convenient place for hearing the contest, and shall notify the contestant and the person whose rights are contested to appear before the director or the authorized assistant of the director at the designated time and place. The date of hearing shall not be less than 30 nor more than 60 days from the date the notice is served on the parties. The notice may be served personally or by registered or certified mail, return receipt requested, addressed to the parties at their post-office addresses as stated in the statement and proof of claimant. The director may adjourn the hearing from time to time upon reasonable notice to all the parties interested; may issue subpoenas and compel the attendance of witnesses to testify, which subpoenas shall be served in the same manner as subpoenas issued out of the circuit court; may compel the witnesses so subpoenaed to testify and give evidence in the matter; and may order the taking of depositions and issue commissions therefor in the same manner as depositions are taken in the circuit court. The witnesses shall receive fees as provided in ORS 44.415 (2), the costs to be taxed in the same manner as are costs in suits in equity. The evidence in the proceedings shall be confined to the subjects enumerated in the notice of contest. The burden of establishing the claim shall be upon the claimant whose claim is contested. The evidence may be taken by a duly appointed reporter. [Amended by 1989 c.980 �14d; 1991 c.249 �48]

�� 539.120 Examination by director of stream and diversions in contest; record; map. The Water Resources Director, or a qualified assistant, shall proceed at the time specified in the notice to the parties on the stream given as provided in ORS 539.030, to make an examination of the stream and the works diverting water therefrom used in connection with water rights subject to this chapter, for which a registration statement has been filed as provided in ORS 539.240. The examination shall include the measurement of the discharge of the stream and of the capacity of the various diversion and distribution works, and an examination and approximate measurement of the lands irrigated from the various diversion and distribution works. The director shall take such other steps and gather such other data and information as may be essential to the proper understanding of the relative rights of the parties interested. The observations and measurements shall be made a matter of record in the Water Resources Department. The department shall make or have made a map or plat on a scale of not less than one inch to the mile, showing with substantial accuracy the course of the stream, the location of each diversion point and each ditch, canal, pipeline or other means of conveying the water to the place of use, and the location of lands irrigated, or in connection with which the water is otherwise used, within each legal subdivision. [Amended by 1955 c.669 �4; 1989 c.691 �11; 1991 c.102 �6]

�� 539.130 Findings of fact and determination of director; certification of proceedings; filing in court; fixing time for hearing by court; notice; force of director�s determination. (1) As soon as practicable after the compilation of the data the Water Resources Director shall make and cause to be entered of record in the Water Resources Department findings of fact and an order of determination determining and establishing the several rights to the waters of the stream. The original evidence gathered by the director, and certified copies of the observations and measurements and maps of record, in connection with the determination, as provided for by ORS 539.120, together with a copy of the order of determination and findings of fact of the director as they appear of record in the Water Resources Department, shall be certified to by the director and filed with the clerk of the circuit court wherein the determination is to be heard. A certified copy of the order of determination and findings shall be filed with the county clerk of every other county in which the stream or any portion of a tributary is situated.

�� (2) Upon the filing of the evidence and order with the court the director shall procure an order from the court, or any judge thereof, fixing the time at which the determination shall be heard in the court, which hearing shall be at least 40 days subsequent to the date of the order. The clerk of the court shall, upon the making of the order, forthwith forward a certified copy to the department by registered mail or by certified mail with return receipt.

�� (3) The department shall immediately upon receipt thereof notify by registered mail or by certified mail with return receipt each claimant or owner who has appeared in the proceeding of the time and place for hearing. Service of the notice shall be deemed complete upon depositing it in the post office as registered or certified mail, addressed to the claimant or owner at the post-office address of the claimant or owner, as set forth in the proof of the claimant or owner theretofore filed in the proceeding. Proof of service shall be made and filed with the circuit court by the department as soon as possible after mailing the notices.

�� (4) The determination of the department shall be in full force and effect from the date of its entry in the records of the department, unless and until its operation shall be stayed by a stay bond as provided by ORS 539.180. [Amended by 1991 c.102 �7; 1991 c.249 �49]

�� 539.140 Water right certificates. Upon the final determination of the rights to the waters of any stream, the Water Resources Department shall issue to each person represented in the determination a certificate setting forth the name and post-office address of the owner of the right; the priority of the date, extent and purpose of the right, and if the water is for irrigation purposes, a description of the legal subdivisions of land to which the water is appurtenant. The original certificate shall be mailed to the owner and a record of the certificate maintained in the Water Resources Department. [Amended by 1971 c.621 �38; 1975 c.607 �41; 1979 c.67 �4; 1991 c.102 �8]

�� 539.150 Court proceedings to review determination of director. (1) From and after the filing of the evidence and order of determination in the circuit court, the proceedings shall be like those in an action not triable by right to a jury, except that any proceedings, including the entry of a judgment, may be had in vacation with the same force and effect as in term time. At any time prior to the hearing provided for in ORS 539.130, any party or parties jointly interested may file exceptions in writing to the findings and order of determination, or any part thereof, which exceptions shall state with reasonable certainty the grounds and shall specify the particular paragraphs or parts of the findings and order excepted to.

�� (2) A copy of the exceptions, verified by the exceptor or certified to by the attorney for the exceptor, shall be served upon each claimant who was an adverse party to any contest wherein the exceptor was a party in the proceedings, prior to the hearing. Service shall be made by the exceptor or the attorney for the exceptor upon each such adverse party in person, or upon the attorney if the adverse party has appeared by attorney, or upon the agent of the adverse party. If the adverse party is a nonresident of the county or state, the service may be made by mailing a copy to that party by registered mail or by certified mail with return receipt, addressed to the place of residence of that party, as set forth in the proof filed in the proceedings.

�� (3) If no exceptions are filed the court shall, on the day set for the hearing, enter a judgment affirming the determination of the Water Resources Director. If exceptions are filed, upon the day set for the hearing the court shall fix a time, not less than 30 days thereafter, unless for good cause shown the time be extended by the court, when a hearing will be had upon the exceptions. All parties may be heard upon the consideration of the exceptions, and the director may appear on behalf of the state, either in person or by the Attorney General. The court may, if necessary, remand the case for further testimony, to be taken by the director or by a referee appointed by the court for that purpose. Upon completion of the testimony and its report to the director, the director may be required to make a further determination.

�� (4) After final hearing the court shall enter a judgment affirming or modifying the order of the director as the court considers proper, and may assess such costs as it may consider just except that a judgment for costs may not be rendered against the United States. An appeal may be taken to the Court of Appeals from the judgment in the same manner and with the same effect as in other cases in equity, except that notice of appeal must be served and filed within 60 days from the entry of the judgment. [Amended by 1979 c.284 �165; 1989 c.691 �12; 1991 c.249 �50]

�� 539.160 Transmittal of copy of decree to department; instructions to watermasters. The clerk of the circuit court, upon the entry of any decree by the circuit court or judge thereof, as provided by ORS 539.150, shall transmit a certified copy of the decree to the Water Resources Department where a record of the decree shall be maintained. The Water Resources Director shall issue to the watermasters instructions in compliance with the decree, and in execution thereof. [Amended by 1991 c.102 �9]

�� 539.170 Division of water pending hearing. While the hearing of the order of the Water Resources Director is pending in the circuit court, and until a certified copy of the judgment, order or decree of the court is transmitted to the director, the division of water from the stream involved in the appeal shall be made in accordance with the order of the director.

�� Note: Sections 1 and 2, chapter 445, Oregon Laws 2015, provide:

�� Sec. 1. Leasing or temporary transfer of determined claim. (1) As used in this section, �determined claim� means a water right in the Upper Klamath Basin determined and established in an order of determination certified by the Water Resources Director under ORS 539.130.

�� (2) Except as provided in subsections (3) and (4) of this section, during the period that judicial review of the order of determination is pending, a determined claim is:

�� (a) An existing water right that may be leased for a term as provided under ORS 537.348; and

�� (b) A primary water right that is subject to temporary transfer for purposes of ORS 540.523.

�� (3) Subsection (2) of this section:

�� (a) Does not apply to a water right determined and established in an order of determination that has been stayed by the filing of a bond or irrevocable letter of credit under ORS 539.180;

�� (b) Does not apply to a water right transfer that includes changing the point of diversion upstream; and

�� (c) Does not allow a person to purchase, lease or accept a gift of a determined claim for conversion to an in-stream water right as described in ORS 537.348 (1).

�� (4) For purposes of determining under ORS 537.348 (5) or 540.523 (2) whether the Water Resources Department may approve a lease or temporary transfer of a determined claim, an injury to another determined claim is an injury to an existing water right. Notwithstanding ORS 537.348 (6) or 540.523 (5), the department shall deny, modify or revoke the lease or temporary transfer of a determined claim if the department determines that the lease or temporary transfer has resulted in, or is likely to result in:

�� (a) Injury to another determined claim or other existing water right; or

�� (b) Enlargement of the determined claim.

�� (5) The department shall revoke the lease or temporary transfer of a determined claim if a court judgment stays the determined claim.

�� (6) If a determined claim is removed from land by lease or temporary transfer, the land from which the determined claim is removed may not receive water during the term of the lease or temporary transfer. [2015 c.445 �1]

�� Sec. 2. (1) Section 1, chapter 445, Oregon Laws 2015, is repealed on the date on which the Klamath County Circuit Court issues a water rights decree affirming or modifying the Findings of Fact and Order of Determination for the Klamath River Basin Adjudication (Case No. WA1300001).

�� (2) Not more than 30 days after the court issues the water rights decree described in subsection (1) of this section, the Water Resources Director shall notify the committees or interim committees of the Legislative Assembly related to natural resources and the Legislative Counsel of the date on which the court issued the water rights decree.

�� (3) Notwithstanding the repeal of section 1, chapter 445, Oregon Laws 2015, by subsection (1) of this section, subject to modification or revocation under section 1, chapter 445, Oregon Laws 2015, a lease or temporary transfer of a determined claim under section 1, chapter 445, Oregon Laws 2015, for a term beginning prior to the repeal of section 1, chapter 445, Oregon Laws 2015, by subsection (1) of this section, may continue in effect for the term of the lease or temporary transfer. If a court judgment results in a modification of the determined claim, the parties may continue the lease or temporary transfer of all or part of the water right as modified for all or part of the original term of the lease or temporary transfer. [2015 c.445 �2; 2025 c.79 �1]

�� 539.180 Bond or irrevocable letter of credit to stay operation of director�s determination; notice to watermaster. At any time after the determination of the Water Resources Director has been entered of record, the operation thereof may be stayed in whole or in part by any party by filing a bond or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 in the circuit court wherein the determination is pending, in such amount as the judge may prescribe, conditioned that the party will pay all damages that may accrue by reason of the determination not being enforced. Upon the filing and approval of the bond or letter of credit, the clerk of the circuit court shall transmit to the Water Resources Department a certified copy of the bond or letter of credit, which shall be recorded in the department records, and the department shall give notice thereof to the watermaster of the proper district. [Amended by 1991 c.102 �10; 1991 c.331 �79; 1997 c.631 �486]

�� 539.190 Rehearing by circuit court. Within six months from the date of the decree of the circuit court determining the rights upon any stream, or if appealed, within six months from the date of the decree of the circuit court on the decision of the Supreme Court, the Water Resources Director or any party interested may apply to the circuit court for a rehearing upon grounds to be stated in the application. If in the discretion of the court the application states good grounds for the rehearing, the circuit court or judge shall make an order fixing a time and place when the application shall be heard. The clerk of the circuit court shall, at the expense of the petitioner, forthwith mail written notice of the application to the director and to every party interested, and state in the notice the time and place when the application will be heard. [Amended by 1981 c.178 �15]

�� 539.200 Conclusiveness of determinations as to water rights. The determinations of the Water Resources Director, as confirmed or modified as provided by this chapter in proceedings, shall be conclusive as to all prior rights and the rights of all existing claimants upon the stream or other body of water lawfully embraced in the determination.

�� 539.210 Duty of claimants to appear and submit proof; nonappearance as forfeiture; intervention in proceedings. Whenever proceedings are instituted for determination of rights to the use of any water, it shall be the duty of all claimants interested therein to appear and submit proof of their respective claims, at the time and in the manner required by law. Any claimant who fails to appear in the proceedings and submit proof of the claims of the claimant shall be barred and estopped from subsequently asserting any rights theretofore acquired upon the stream or other body of water embraced in the proceedings, and shall be held to have forfeited all rights to the use of the water theretofore claimed by the claimant. Any person interested in the water of any stream upon whom no service of notice has been had of the pendency of proceedings for determination of the rights to the use of water of the stream, and who has had no actual knowledge or notice of the pendency of the proceedings may, at any time prior to the expiration of one year after entry of the determination of the Water Resources Director, file a petition to intervene in the proceedings. The petition shall contain, among other things, all matters required by this chapter of claimants who have been duly served with notice of the proceedings, and also a statement that the intervenor had no actual knowledge or notice of the pendency of the proceedings. Upon the filing of the petition in intervention, the petitioner shall be allowed to intervene upon such terms as may be equitable and thereafter shall have all rights vouchsafed by this chapter to claimants who have been duly served.

�� 539.220 Procedure when rights to same stream have been determined in different proceedings. Whenever the rights to the waters of any stream have been determined as provided in this chapter and it appears by the records of such determination that it had not been at one and the same proceeding, then the Water Resources Director may open to public inspection all proofs or evidence of rights to the water, and the findings of the director in relation thereto, in the manner provided in ORS 539.090. Any person who then desires to contest the claims or rights of other persons, as set forth in the proofs or established by the director, shall proceed in the manner provided for in ORS 539.100 and 539.110; provided, that contests may not be entered into and shall not be maintained except between claimants who were not parties to the same adjudication proceedings in the original hearings.

�� 539.230 Notice of need to file registration statement; publication requirements; additional methods of providing notice. (1) In order to preserve information relating to claims to undetermined vested rights as described in ORS 539.010 and federal reserved rights, the Water Resources Director shall prepare a general notice stating the need for any person, corporation or governmental agency claiming an undetermined vested right, federal reserved right or a right derived from such rights to file a registration statement as required under ORS 539.240. The notice shall outline the process for obtaining a blank registration statement and shall describe the rights that may be claimed under this chapter.

�� (2) The notice required under subsection (1) of this section shall be published at least two times in one or more newspapers having general circulation in each county in which streams with potentially vested rights or reserved rights that have not been adjudicated under this chapter are located.

�� (3) In addition to the notice described under subsection (2) of this section, in any rural county in which there is not a newspaper having general circulation, the director shall use additional methods of providing notice of the requirement to file a registration statement. These methods may include but need not be limited to holding public meetings, inserting announcements in trade or organization newsletters, public service announcements on local radio stations and informing the county extension agent of the requirement. [1987 c.541 �4; 1989 c.691 �13; 1991 c.67 �154]

�� 539.240 Claim to undetermined right to appropriate surface water; registration statement; contents; effect of failure to file; recognizing changes to right; rules. (1) Any person, corporation or governmental agency claiming an undetermined vested right, federal reserved right or right derived from such rights to appropriate surface water under ORS

ORS 539.240

539.240 or, if a registration statement is not filed, when a statement and proof of claim is filed pursuant to notice by the Water Resources Director under ORS 539.030, the owner or registrant shall pay a fee as follows:

�� (a) If for irrigation use, $4.10 for each acre of irrigated lands up to 100 acres and $2.10 for each acre in excess of 100 acres. The minimum fee for any owner or registrant for irrigation use shall be $210.

�� (b) If for power use, $4.10 for each theoretical horsepower up to 100 horsepower, $1.70 for each horsepower in excess of 100 up to 500 horsepower, $1.10 for each horsepower in excess of 500 horsepower up to 1,000 horsepower and 80 cents for each horsepower in excess of 1,000 horsepower, as set forth in the proof. The minimum fee for any owner or registrant for power use shall be $615.

�� (c) If for mining or any other use, $1,020 for the first second-foot or fraction of the first second-foot and $210 for each additional second-foot.

�� (2) The fees under subsection (1) of this section shall not apply to any federally recognized Indian tribe, or to the United States acting as trustee for such a tribe, claiming, under ORS 539.010, an undetermined vested right to the use of surface water for any nonconsumptive and nondiverted in-stream use to satisfy tribal hunting, fishing or gathering rights.

�� (3) If the registration statement shows that the water right was initiated by making application for a permit under the provisions of ORS chapter 537, the owner or registrant shall be given credit for the money paid as examination and recording fees. A credit under this subsection shall be allowed only if the application under ORS chapter 537 was for a permit to appropriate water to be applied to the same parcel of land or for the same use as set forth in the registration statement.

�� (4) All fees paid under this section shall be deposited into the General Fund of the State Treasury and credited to an account of the Water Resources Department. The fees shall be used to pay for the expenses of the department to:

�� (a) Register claims to undetermined vested rights or federal reserved rights under ORS

ORS 539.360

539.360�� Participation in management of Upper Klamath Basin Comprehensive Agreement

WATER RIGHTS BEFORE 1909

�� 539.005 Purpose of chapter; rules. (1) The Legislative Assembly declares that it is the purpose of this chapter to set forth the procedures for carrying out a general stream adjudication in Oregon.

�� (2) In accordance with the applicable provisions of ORS chapter 183, the Water Resources Director shall adopt rules necessary to carry out the provisions of this chapter. [1989 c.691 ��2,3]

�� 539.010 Protection of water rights vested or initiated prior to February 24, 1909. (1) Actual application of water to beneficial use prior to February 24, 1909, by or under authority of any riparian proprietor or the predecessors in interest of the riparian proprietor, shall be deemed to create in the riparian proprietor a vested right to the extent of the actual application to beneficial use, provided such use has not been abandoned for a continuous period of two years.

�� (2) Where any riparian proprietor, or any person under authority of any riparian proprietor or the predecessor in interest of the riparian proprietor, was, on February 24, 1909, engaged in good faith in the construction of works for the application of water to a beneficial use, the right to take and use such water shall be deemed vested in the riparian proprietor, provided that the works were completed and the water devoted to a beneficial use within a reasonable time after February 24, 1909. The Water Resources Director, in the manner provided in subsection (5) of this section, may determine the time within which the water shall be devoted to a beneficial use. The right to water shall be limited to the quantity actually applied to a beneficial use within the time so fixed by the director.

�� (3) Nothing contained in the Water Rights Act, as defined in ORS 537.010, shall affect relative priorities to the use of water among parties to any decree of the courts rendered in causes determined or pending prior to February 24, 1909.

�� (4) The right of any person to take and use water may not be impaired or affected by any provisions of the Water Rights Act, as defined in ORS 537.010, where appropriations were initiated prior to February 24, 1909, and such appropriators, their heirs, successors or assigns did, in good faith and in compliance with the laws then existing, commence the construction of works for the application of the water so appropriated to a beneficial use, and thereafter prosecuted such work diligently and continuously to completion. However, all such rights shall be adjudicated in the manner provided in this chapter.

�� (5) The director shall, for good cause shown upon the application of any appropriator or user of water under an appropriation of water made prior to February 24, 1909, or in the cases mentioned in subsections (2) and (4) of this section, where actual construction work was commenced prior to that time or within the time provided in law then existing, prescribe the time within which the full amount of the water appropriated shall be applied to a beneficial use. In determining said time the director shall grant a reasonable time after the construction of the works or canal or ditch used for the diversion of the water, and in doing so, the director shall take into consideration the cost of the appropriation and application of the water to a beneficial purpose, the good faith of the appropriator, the market for water or power to be supplied, the present demands therefor and the income or use that may be required to provide fair and reasonable returns upon the investment. For good cause shown the director may extend the time.

�� (6) Where appropriations of water attempted before February 24, 1909, were undertaken in good faith, and the work of construction or improvement thereunder was in good faith commenced and diligently prosecuted, such appropriations may not be set aside or voided in proceedings under this chapter because of any irregularity or insufficiency of the notice by law, or in the manner of posting, recording or publication thereof.

�� (7) In any proceeding to adjudicate water rights under this chapter, the Water Resources Department may adjudicate federal reserved rights for the water necessary to fulfill the primary purpose of the reservation or any federal water right not acquired under ORS chapter 537 or ORS 540.510 to 540.530.

�� (8) All rights granted or declared by the Water Rights Act, as defined in ORS 537.010, shall be adjudicated and determined in the manner and by the tribunals provided therein. The Water Rights Act may not be held to bestow upon any person any riparian rights where no such rights existed prior to February 24, 1909. [Amended by 1989 c.691 �6; 1993 c.157 �1; 2021 c.97 �65]

�� 539.015 Certification of statements of claimants; oaths. Each claimant or owner who files a statement and proof of claim form or a registration statement shall be required to certify to the statements of the claimant or owner under oath. The Water Resources Director or the authorized assistant of the director may administer such oaths, which shall be done without charge, as also shall be the furnishing of blank forms for the statement. [1989 c.691 �4]

�� 539.020 [Repealed by 1987 c.541 �1 (539.021 enacted in lieu of 539.020)]

�� 539.021 Determination by Water Resources Director of rights of claimants; transfer of action to director. (1) The Water Resources Director upon the motion of the director or, in the discretion of the director, upon receipt of a petition from one or more appropriators of surface water from any natural watercourse in this state shall make a determination of the relative rights of the various claimants to the waters of that watercourse.

�� (2) If an action is brought in the circuit court for determination of rights to the use of water, the case may, in the discretion of the court, be transferred to the director for determination as provided in this chapter. [1987 c.541 �2 (enacted in lieu of 539.020)]

�� 539.030 Notice of investigation of stream. The Water Resources Director shall prepare a notice, setting forth the date when the director or the assistant of the director will begin such investigation as may be necessary for a proper determination of the relative rights of the various claimants to the use of the waters of the stream. The notice shall be published in two issues of one or more newspapers having general circulation in the counties in which the stream is situated, the last publication of the notice to be at least 10 days prior to the date set in the notice for the beginning of the investigation by the director or the assistant of the director. [Amended by 1955 c.669 �1; 1979 c.53 �1; 1987 c.541 �8]

�� 539.040 Notice of hearing by director. (1) As soon as practicable after the examination and measurements are completed, as described in ORS 539.120, the Water Resources Director shall prepare a notice setting forth a place and time certain when the director or the authorized assistant of the director shall begin taking testimony as to the rights of the various claimants to the use of the waters of the stream or its tributaries. The notice shall be published in two issues of one or more newspapers having general circulation in the counties in which the stream is situated, the last publication of the notice to be at least 30 days prior to the beginning of taking testimony by the director or the authorized assistant of the director.

�� (2) The director shall also send by registered mail or by certified mail with return receipt to each claimant or owner who filed with the director a registration statement as provided in ORS 539.240 and to the Attorney General of the United States or the designated representative of the Attorney General of the United States, on behalf of the United States and its agencies and as trustee for the Indian tribes, a notice similar to that provided in subsection (1) of this section setting forth the date when the director or the authorized assistant of the director will take testimony as to the rights to the use of the water of the stream. The notice must be mailed at least 30 days prior to the date set therein for taking testimony.

�� (3)(a) For purposes of the Klamath Basin adjudication, the Water Resources Department will provide notice, substantially like that specified in subsection (2) of this section, to claimants or owners who desire to claim a water right under this chapter, or to contest the claims of others, and have so notified the director. The notice shall be accompanied by a blank form on which the claimant or owner shall present in writing all of the particulars necessary for determination of the right of the claimant or owner to contest the claims of others or to the use of the waters of a stream to which the claimant or owner lays claim. That form shall require substantially the same information required in a registration statement, as provided in ORS 539.240 (2), except that the map need not be prepared by a certified water right examiner, as required by ORS

ORS 540.523

540.523 or an allocation of conserved water under ORS 537.470, if the change or allocation of conserved water is:

�� (a) Made pursuant to ORS 537.348;

�� (b) Necessary to complete a project funded under ORS 541.932; or

�� (c) Approved by the State Department of Fish and Wildlife as a change or allocation of conserved water that will result in a net benefit to fish and wildlife habitat.

�� (6) Notwithstanding the fees established pursuant to this section, the commission may adopt by rule reduced fees for persons submitting materials to the department in a digital format approved by the department.

�� (7) All moneys received under this section, less any amounts refunded under subsection (4) of this section, shall be deposited in the Water Resources Department Water Right Operating Fund.

�� (8) Notwithstanding subsection (7) of this section, all fees received by the department for power purposes under ORS 543.280 shall be deposited in the Water Resources Department Hydroelectric Fund established by ORS 536.015. [Amended by 1961 c.187 �3; 1967 c.36 �1; 1973 c.163 �4; 1975 c.581 �21; 1981 c.627 �1; 1983 c.256 �1; 1985 c.673 �12; 1987 c.815 �8; 1989 c.587 �1; 1989 c.758 �1; 1989 c.933 �4; 1989 c.1000 �6; 1991 c.734 �49a; 1991 c.869 �4; 1995 c.416 �1; 1995 c.752 �6; 1997 c.449 �35; 1997 c.587 �1; 1999 c.555 �3; 1999 c.664 �1; 1999 c.665 �1; 1999 c.873 �19; 2003 c.594 �1; 2003 c.691 �4; 2003 c.705 �7; 2005 c.156 �1; 2007 c.188 �1; 2007 c.267 �1; 2009 c.819 ��5,12; 2013 c.166 ��4,5; 2013 c.644 ��1,2; 2017 c.571 ��1,2; 2021 c.515 �1; 2025 c.570 �1; 2025 c.575 �25]

�� 536.055 Agreements to expedite processing and review of applications, permits and other administrative matters; fees. (1) The Water Resources Department may, with any person, enter into an agreement that sets fees to be paid to the department for the purpose of enabling the department to expedite or enhance the regulatory process to provide services voluntarily requested under the agreement. Pursuant to the agreement, the department may hire additional temporary staff members, contract for services or provide additional services to the person that are within the authority of the department to provide.

�� (2) Notwithstanding the fees established in ORS 536.050, as part of an agreement entered into under this section, the department may waive all or part of a fee imposed for a service.

�� (3) The department may not modify existing processing priorities or schedules or create processing priorities or schedules for a particular department-provided service in order to compel a person to enter into an agreement under this section. However, without violating this subsection, the department may modify its processing priorities or schedules based on the overall operating needs of the department.

�� (4) The department may not require that a person pay more for a service under an agreement entered into under this section than the cost to the department in providing the service to the person.

�� (5) The department shall review the responsibilities of the department to identify services provided by the department that are appropriate for the department to perform under the provisions of this section. Failure to identify responsibilities under this subsection does not prohibit the department from entering into agreements under this section.

�� (6) Fees paid under this section shall be deposited in the State Treasury to the credit of the department. Such moneys are continuously appropriated to the department for the purpose of reviewing department responsibilities to determine those services for which the authority provided in this section may be used and for fulfilling the individual agreements entered into pursuant to this section, including the processing and review of:

�� (a) Water right permit applications, permit extensions, permit amendments and final proof surveys;

�� (b) Water right exchanges and transfers; and

�� (c) Water management and conservation plans required by rule by the department. [2003 c.745 �2]

�� 536.056 Fees; timing of certain fees; effect of nonpayment. (1) Notwithstanding ORS 536.050, for an application under ORS 537.140, 537.150 or 537.615, the Water Resources Department may charge:

�� (a) A portion of the applicable examination fee for the application at the time the application is submitted; and

�� (b) The remaining portion of the applicable examination fee after issuing an initial review of the application.

�� (2) If the department charges a portion of an applicable examination fee as described in subsection (1)(a) of this section, upon issuing an initial review described in subsection (1)(b) of this section:

�� (a) The department shall notify the applicant of the remaining portion of the applicable examination fee due; and

�� (b) If the applicant wishes to continue with the application, the applicant shall pay the remaining portion of the applicable examination fee not more than 90 days after issuance of the initial review.

�� (3) Notwithstanding any contrary provision of law, if the applicant does not pay the remaining portion of the applicable examination fee as described in subsection (2)(b) of this section, the department shall close the file for, and take no further action on, the application. [2025 c.282 �29]

�� Note: 536.056 becomes operative April 1, 2026, and applies to applications and petitions submitted on or after April 1, 2026. See section 30, chapter 282, Oregon Laws 2025, as amended by section 21b, chapter 575, Oregon Laws 2025, and see section 48, chapter 282, Oregon Laws 2025, as amended by section 21c, chapter 575, Oregon Laws 2025.

�� 536.057 Payment of fees by debit or credit card; transaction fees. (1) The Water Resources Department may accept payments by debit or credit card for any products or services offered by, or fees owed to, the department.

�� (2) The department may add a nonrefundable fee to the amount of any payment made by debit or credit card in an amount reasonably calculated to offset the impact to the department of financial institution fees related to debit or credit card transactions. [2025 c.282 �9]

�� Note: 536.057 becomes operative April 1, 2026, and applies to applications and petitions submitted on or after April 1, 2026. See section 30, chapter 282, Oregon Laws 2025, as amended by section 21b, chapter 575, Oregon Laws 2025, and see section 48, chapter 282, Oregon Laws 2025, as amended by section 21c, chapter 575, Oregon Laws 2025.

�� 536.060 [Repealed by 1971 c.734 �21]

�� 536.065 [1971 c.734 �77; repealed by 1985 c.673 �185]

�� 536.070 [Amended by 1975 c.581 �21a; repealed by 1985 c.673 �185]

�� 536.075 Judicial review of final order of commission or department; stay of order; scope of review. (1) Any party affected by a final order other than contested case issued by the Water Resources Commission or Water Resources Department may appeal the final order to the Circuit Court of Marion County or to the circuit court of the county in which all or part of the property affected by the final order is situated. Review of the final order must be conducted according to the provisions of ORS 183.484, 183.486, 183.497 and 183.500. The first page of the final order must state that the final order is a final order other than contested case, that the final order is subject to judicial review under ORS

ORS 540.670

540.670, upon approval of an application submitted to the Water Resources Department, the holder of both a primary water right originating from a surface water source and a supplemental water right permit or certificate originating from a ground water source may substitute the use of the supplemental water right for the primary water right. A substitution may not be made under this subsection if the use of the supplemental water right results in an enlargement or expansion of the primary water right. This subsection does not authorize a change in place of use, type of use, point of diversion or point of appropriation.

�� (2) An application required under subsection (1) of this section shall be submitted on forms provided by the department. The department may request additional information if necessary to assist with the injury evaluation. Each application shall be submitted with the fee described in ORS 536.050 (1)(s).

�� (3) Upon receiving an application under subsection (1) of this section, the department shall provide public notice and accept protests as described in ORS 540.520.

�� (4) The provisions of ORS 536.076 and 536.077, and rules adopted thereunder, apply to a contested case proceeding on a proposed final order issued under this section.

�� (5) The Water Resources Director shall issue a proposed final order approving or denying the substitution. If the proposed substitution will result in injury to other water rights, the director shall prohibit or condition the use to avoid or mitigate the injury. The director shall issue a proposed final order approving or denying the substitution within 90 days after the department receives an application under subsection (1) of this section.

�� (6) For the purpose of ORS 540.610, a substituted primary surface water right shall be treated as a supplemental water right, and a substituted supplemental ground water right shall be treated as a primary water right.

�� (7) A completed and approved substitution of a supplemental ground water right for a primary surface water right under this section may be terminated upon a request by the water right holder or by an order of the director if the director determines that the use of the ground water as the primary water right causes injury to other water rights. Upon termination, the substituted primary and supplemental water rights shall revert back to their original status. [1999 c.555 �2; 2025 c.575 �21]

�� Note: 540.524 was added to and made a part of 540.505 to 540.586 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 540.525 Installation of fish screening or by-pass device as prerequisite for transfer of point of diversion. (1) Upon receipt of an application for a change in the point of diversion under ORS 540.520, the Water Resources Department shall consult with the State Department of Fish and Wildlife to determine whether the diversion is:

�� (a) Equipped with an appropriate fish screening or by-pass device; or

�� (b) Included on the priority list of screening projects established pursuant to section 8, chapter 933, Oregon Laws 1989.

�� (2) If the original point of diversion is included in the priority list of screening projects established pursuant to section 8, chapter 933, Oregon Laws 1989, the department, after consulting with the State Department of Fish and Wildlife, may require the installation of an appropriate fish screening or by-pass device at the new point of diversion.

�� (3) When consulting with the State Department of Fish and Wildlife, the department shall determine whether the installation of an appropriate fish screening or by-pass device is necessary to prevent fish from leaving the body of water and entering the diversion.

�� (4) Any individual who is required to install a fish screening or by-pass device under this section at a point of diversion may participate in the State Department of Fish and Wildlife�s cost-sharing program for the installation of screening or by-pass devices. [1995 c.274 �6a; 2007 c.625 �11]

�� 540.530 Order authorizing change of use, place of use or point of diversion; consent to injury; new or modified certificate. (1)(a) If, after hearing or examination, the Water Resources Commission finds that a proposed change can be effected without injury to existing water rights, the commission shall make an order approving the transfer and fixing a time limit within which the approved changes may be completed.

�� (b) If, after hearing or examination, the commission finds that a proposed change in point of diversion cannot be effected without injury to existing water rights, upon receipt by the commission of an affidavit consenting to the change from every holder of an affected water right, the commission may make an order approving the transfer and fixing a time limit within which the approved changes may be completed.

�� (c) If, after hearing or examination, the commission finds that a proposed change in point of diversion cannot be effected without injury to an in-stream water right granted pursuant to a request under ORS 537.336 or an in-stream water right created pursuant to ORS 537.346 (1), the Water Resources Department may consent to the change only upon a recommendation that the department do so from the agency that requested the in-stream water right. The agency that requested the in-stream water right may recommend that the department consent to the change only if the change will result in a net benefit to the resource consistent with the purposes of the in-stream water right.

�� (d)(A) If an in-stream water right would be injured by a proposed change under paragraph (c) of this subsection, the department shall obtain a recommendation from the agency that requested the in-stream water right. If the recommendation of the agency is to consent to the change, the department shall provide public notice of the recommendation and, consistent with state laws regarding cooperation with Indian tribes in the development and implementation of state agency programs that affect tribes or rights and privileges of tribes, the department shall consult with affected Indian tribes.

�� (B) The recommendation of an agency under this paragraph must be in writing and, if the recommendation is to consent to the change, must describe the extent of the injury to the in-stream water right, the effect on the resource and the net benefit that will occur as a result of the proposed change. The recommendation may include any proposed conditions that are necessary to ensure that the proposed change will be consistent with the recommendation.

�� (C) In determining whether a net benefit will result from the proposed change, the recommendation of an agency must include an analysis of the cumulative impact of any previous changes under paragraphs (b) and (c) of this subsection that allow injury to the affected in-stream water right.

�� (D) A person may comment on the recommendation of an agency. The comment must be in writing and must be received by the department within 30 days after publication of notice under this paragraph. If a written comment received by the department requests a meeting on the proposed change, the department and the agency that requested the in-stream water right shall hold a joint public meeting within 90 days of the receipt of the comment requesting a meeting.

�� (e)(A) If, after review of public comments and consultation with the agency that requested the in-stream water right, the agency that requested the in-stream water right does not withdraw its recommendation to consent to the change, the department may approve the change consistent with the requirements of paragraphs (b) and (c) of this subsection.

�� (B) An order approving a change under paragraph (c) of this subsection shall include written findings on the extent of the injury to the in-stream water right, the effect on the resource and the net benefit that will occur as a result of the change. The order shall include any conditions necessary to ensure that the change will be consistent with the findings and ensure that the change will result in a continued net benefit to the resource consistent with the purposes of the in-stream water right.

�� (C) In determining whether a net benefit will result from the change, the order of the department must include an analysis of the cumulative impact of any previous changes approved under paragraphs (b) and (c) of this subsection that allow injury to the affected in-stream water right.

�� (f) The time allowed by the commission for completion of an authorized change under paragraphs (a) to (e) of this subsection may not be used when computing a five-year period of nonuse under the provisions of ORS 540.610 (1).

�� (2)(a) If a certificate covering the water right has been previously issued, the commission shall cancel the previous certificate or, if for an irrigation district, the commission may modify the previous certificate and, when proper proof of completion of the authorized changes has been filed with the commission, issue a new certificate or, if for an irrigation district, modify the previous certificate, preserving the previously established priority of rights and covering the authorized changes. If only a portion of the water right covered by the previous certificate is affected by the changes, a separate new certificate may be issued to cover the unaffected portion of the water right.

�� (b) If the change authorized under subsection (1) of this section is necessary to allow a change in a water right pursuant to ORS 537.348, is necessary to complete a project funded under ORS 541.932, or is approved by the State Department of Fish and Wildlife as a change that will result in a net benefit to fish and wildlife habitat, the Water Resources Department, at the discretion of the Water Resources Director, may waive or assist the applicant in satisfying any of the proof of completion requirements of paragraph (a) of this subsection. The assistance provided by the department may include, but need not be limited to, development of a final proof survey map and claim of beneficial use.

�� (3) Upon receiving notification of the merger or consolidation of municipal water supply entities, or the formation of a water authority under ORS chapter 450, the commission shall cancel the previous certificates of the entities replaced by the merger, consolidation or formation and issue a new certificate to the newly formed municipality or water authority. The new certificate shall preserve the previously established priority of rights of the replaced entities and shall allow beneficial use of the water on any lands acquired in the merger, consolidation or formation. [Amended by 1975 c.581 �26b; 1983 c.807 �2; 1985 c.673 �95; 1989 c.707 �4; 1993 c.577 �37; 1999 c.664 �3; 1999 c.804 �1; 2001 c.299 ��1,2; 2005 c.614 �4]

�� 540.531 Transfer of surface water point of diversion to ground water; requirements; priority; mitigation measures; return to surface water diversion; rules. (1) Notwithstanding ORS 537.515 and 537.535, an owner of a surface water use subject to transfer may apply for a transfer of the point of diversion to allow the appropriation of ground water if the proposed transfer complies with the requirements of subsection (2) or (3) of this section and with the requirements for a transfer in point of diversion specified in ORS 540.520 and 540.530.

�� (2) The Water Resources Department may allow a transfer of the point of diversion under subsection (1) of this section if:

�� (a)(A) The new point of diversion appropriates ground water from an aquifer that is hydraulically connected to the authorized surface water source;

�� (B) The proposed change in point of diversion will not result in enlargement of the original water right or in injury to other water right holders;

�� (C) The use of the new point of diversion will affect the surface water source similarly to the authorized point of diversion specified in the water use subject to transfer; and

�� (D) The withdrawal of ground water at the new point of diversion is located within 500 feet of the surface water source and, when the surface water source is a stream, is also located within 1,000 feet upstream or downstream of the original point of diversion as specified in the water use subject to transfer; or

�� (b) The new point of diversion is not located within the distance requirements set forth in paragraph (a)(D) of this subsection, the holder of the water use subject to transfer submits to the department evidence prepared by a licensed geologist that demonstrates that the use of the ground water at the new point of diversion will meet the criteria set forth in paragraph (a)(A) to (C) of this subsection.

�� (3) Notwithstanding subsection (2) of this section, the department shall allow a transfer of the point of diversion under subsection (1) of this section in the Deschutes Basin ground water study area if:

�� (a) The new point of diversion appropriates ground water from an aquifer that is hydraulically connected to the authorized surface water source;

�� (b) The proposed change in the point of diversion will not result in enlargement of the original water right or in injury to other water right holders; and

�� (c) The use of the new point of diversion will affect the surface water source hydraulically connected to the authorized point of diversion specified in the water use subject to transfer. The department may not require that the use of the new point of diversion affect the surface water source similarly to the authorized point of diversion specified in the water use subject to transfer under this subsection.

�� (4) All applicable restrictions that existed at the original point of diversion shall apply at the new point of diversion allowed under this section.

�� (5) The new point of diversion shall retain the original date of priority. However, if within five years after approving the transfer, the department finds that the transfer results in substantial interference with existing ground water rights that would not have occurred in the absence of the transfer, the new point of diversion shall be subordinate to any existing right injured by the transferred water right or permit.

�� (6)(a) The department shall approve an application to return to the last authorized surface water point of diversion if a holder of a water use subject to transfer submits an application to the department within five years after the department approves a transfer under this section.

�� (b) The department shall approve an application to return to the last authorized surface water point of diversion after five years of the date the department allows a transfer under subsection (3) of this section if a holder of a water use subject to transfer submits an application to the department, and the return will not result in injury to an existing water right.

�� (7) For transfers allowed under this section, the department shall require mitigation measures to prevent depletion from any surface water source not specified in the permit or certificated or decreed water right, except that the department may not require mitigation measures if the transfer complies with subsection (3) of this section.

�� (8) The Water Resources Commission shall adopt rules that prescribe:

�� (a) The process for reviewing applications submitted under this section;

�� (b) The persons to whom the department shall provide notice of the receipt of an application submitted under this section; and

�� (c) The persons who may participate in the process of reviewing applications submitted under this section.

�� (9) As used in this section:

�� (a) �Deschutes Basin ground water study area� means the part of the Deschutes River Basin that is designated by the Water Resources Commission by rule.

�� (b) �Similarly� means that the use of ground water at the new point of diversion affects the surface water source specified in the permit or certificated or decreed water right and would result in stream depletion of at least 50 percent of the rate of appropriation within 10 days of continuous pumping. [1995 c.274 �4; 1999 c.555 �5; 2003 c.705 �1; subsection (9) of 2003 Edition enacted as 2003 c.705 �3; 2005 c.614 �2]

�� 540.532 Request for change in point of diversion to reflect historical use; requirements. (1) Notwithstanding ORS 537.797, 540.510, 540.520 and 540.530, an individual may request a change in the point of diversion to reflect the historical use of water at a point of diversion other than that described in the water right certificate or decree if the individual complies with the provisions of subsection (2) of this section.

�� (2) An individual may request a change in the point of diversion under subsection (1) of this section if:

�� (a) The actual, current point of diversion has been in use for more than 10 years;

�� (b) The Water Resources Department has received no claim of injury as a result of the use of water from the current point of diversion prior to the request for the change of diversion;

�� (c) The individual requesting the change provides written notice to any other affected water right holder, as identified by the Water Resources Department, and the Water Resources Department provides notice of the request in the department�s public notice of water right applications; and

�� (d) The individual provides a map of sufficient detail and clarity to identify the true point of diversion including but not limited to:

�� (A) The county tax lot number, township, range and section, and to the nearest quarter-quarter section or latitude and longitude as established by a global positioning system; and

�� (B) The locations of the point of diversion as specified in the water right certificate or decree and the actual, current point of diversion.

�� (3) Upon receipt of a request for a change in the point of diversion under subsection (1) of this section, the Water Resources Department shall consult with the State Department of Fish and Wildlife to determine whether the historical point of diversion is:

�� (a) Equipped with an appropriate fish screening or by-pass device; or

�� (b) Included on the priority list of screening projects established pursuant to section 8, chapter 933, Oregon Laws 1989.

�� (4) If the historical point of diversion is included in the priority list of screening projects established pursuant to section 8, chapter 933, Oregon Laws 1989, the Water Resources Department, after consulting with the State Department of Fish and Wildlife, may require the installation of an appropriate fish screening or by-pass device at the point of diversion.

�� (5) When consulting with the State Department of Fish and Wildlife, the Water Resources Department shall determine whether the installation of an appropriate fish screening or by-pass device is necessary to prevent fish from leaving the body of water and entering the diversion.

�� (6) Any individual who is required to install a fish screening or by-pass device under this section at a point of diversion may participate in the State Department of Fish and Wildlife�s cost-sharing program for the installation of screening or by-pass devices. [1995 c.359 �3; 2007 c.625 �12]

�� Note: 540.532 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 540 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 540.533 Application for exchange of water. (1) As used in this section, �person holding a water right, certificate or permit� means a person that:

�� (a) Holds a water right established by court decree;

�� (b) Holds a water right certificate or a water right for which proof of beneficial use has been approved by the Water Resources Director or the Water Resources Commission;

�� (c) Is applying for or holds a permit issued under ORS 537.211 for use of water for an in-stream purpose; or

�� (d) Holds a permit issued under ORS 537.135 for recharging ground water within the Umatilla Basin.

�� (2) A person holding a water right, certificate or permit may apply to the commission for permission to use stored, surface or ground water from another source in exchange for supplying replacement water in an equal amount to satisfy prior appropriations from the other source, if:

�� (a) The source of the person�s appropriation is at times insufficient to fully satisfy the appropriation;

�� (b) Better conservation and use of the waters of the state can be accomplished; or

�� (c) The person can develop water for appropriation under the permit for use of water for an in-stream purpose or the permit for recharging ground water, but cannot economically convey the water to its point of use.

�� (3) A person may apply for an exchange under this section among any combination of surface, storage or ground water rights.

�� (4) An application for exchange shall be accompanied by:

�� (a) Any map, plan or other information required by the commission;

�� (b) The fee required under ORS 536.050; and

�� (c) If the application for exchange is by a person that holds a permit issued under ORS

ORS 548.305

548.305 to 548.325 has entered into a contract with any governmental agency for a loan for the purpose of carrying out such plan, and the board of directors or board of supervisors for the purpose of carrying into effect the provisions contained in the contract have authorized the issuance of bonds of the district pursuant to ORS 548.315, and such plan of refinancing and compromise has been accepted in writing by the holders of more than 90 percent of such outstanding indebtedness to be refunded and compromised, such irrigation or drainage district may commence and prosecute a proceeding in rem for the purpose of obtaining constructive consent, to the plan, of the unknown holders of the evidences of the indebtedness to be refunded and compromised, and of the known holders of such evidences of indebtedness who have not so given their consent in writing. The proceeding shall be commenced in the circuit court of the county in which the office of the district is located, by filing a petition verified by the oath of the president or secretary of the district.

�� 548.340 Contents of petition. The petition shall set forth the plan for refunding and compromising the indebtedness and shall further recite what percentage in amount of the holders of the evidences of indebtedness to be refunded or retired have filed their written consent to the proposed plan, which percentage shall not be less than 90 percent, and shall further set forth what steps have been taken to obtain the consent of all nonconsenting holders of the evidences of indebtedness. The petition shall also state the name and place of residence of all of the holders of the evidences of indebtedness who are known to the district, and shall show that diligent efforts have been made to ascertain the names and residences of all the holders.

�� 548.345 Notice; failure of holder to object constitutes consent. (1) Upon presentation of the petition to the judge of the court, the judge shall, if it appears that diligent efforts have been made by the irrigation or drainage district to ascertain the names and places of residence of all the holders of the evidences of indebtedness so to be refunded and compromised, authorize the district to publish, and it shall publish for at least four consecutive weeks in three newspapers published within the state, to be designated by the court, one of which papers shall be published in the county in which the office of the board of directors or board of supervisors is situated, a notice specifying the particular indebtedness which it is proposed to refund and compromise, together with the plan which has been adopted by the district for the refunding and compromising; also, a general description of the refunding bonds, if any, which it is proposed to issue to the holders of the indebtedness. The notice shall require all holders of the evidences of indebtedness so to be refunded or compromised to file in the matter of the petition in the circuit court their written dissent from or objection to the proposed plan of refunding and compromise. The notice shall also state that any holders who fail to file their dissent and protest to the plan shall be deemed to have consented thereto.

�� (2) The district shall also cause the notice to be served in the manner provided by law for service of summons in civil actions upon all the holders whose names and places of residence are known to the district and who reside within Oregon. The district shall also deposit a copy of the notice in the United States mail addressed to each of the known holders who reside without the state, with postage prepaid.

�� (3) Dissent in writing must be filed in the court and cause within 90 days from the date of the first publication of the notice; or, in the case of holders whose names and places of residence are known to the district and who reside within the state, within 90 days from the date of service of the notice upon them; or, in the case of holders whose names and places of residence are known to the district and who reside without the state, within 90 days from the date of mailing the notice.

�� (4) After the expiration of said period of 90 days the holders so failing to file their objection and protest with the court shall be deemed to have consented to the refunding and compromise of the indebtedness under the terms set forth in the notice, and such failure shall be equivalent to the offer in writing signed by the known consenting holders. [Amended by 1989 c.182 �34]

�� 548.350 Hearing; judgment; county treasurer as trustee. (1) After the expiration of 90 days from the date of the first publication of the notice and the service and mailing thereof, as set forth in ORS 548.345, the district shall file in the proceeding in the circuit court its verified return of its acts made under the order of the court, attaching affidavits of the publication of the notice in three newspapers, and proof of service of the notice upon the holders of the evidences of indebtedness whose names and places of residence are known to the district and who reside within the state, and of the mailing thereof to such known holders residing without the state.

�� (2) Thereupon the court shall hear the cause and shall enter a judgment providing that all the holders of the evidences of indebtedness to be refunded and compromised by the plan or proceeding of the district, who within 90 days after the date of the first publication of the notice and the serving and mailing thereof did not file in the court their written dissent and objections to the proceedings, have consented that their evidences of indebtedness be refunded and compromised under the proposed plan.

�� (3) In the judgment the court shall direct the officers of the district to deposit with the county treasurer of the county in which the district is headquartered, as trustee for the persons entitled thereto, the cash or refunding bonds which under the plan of refunding and compromise belong to the holders of the evidences of indebtedness whose consent was so obtained by the court proceedings. The judgment shall further provide that upon the payment of said money or bonds to the county treasurer as trustee, the evidences of indebtedness so held by the holders shall be deemed paid and no longer shall be an obligation of the district; and that upon the surrender to the county treasurer of the evidences of indebtedness, together with any unpaid interest coupons belonging to the same, the county treasurer shall pay on demand to the holders the money or bonds so deposited with the county treasurer as trustee, and shall mark the evidences of indebtedness canceled and deliver them to the district. All holders of the evidences of indebtedness to be refunded and compromised shall be deemed to have notice of all steps and proceedings had. [Amended by 1989 c.182 �35; 2003 c.576 �515]

�� 548.355 Nature of proceedings; appeal; nonprejudicial errors; costs. The procedure in the circuit court under the provisions of ORS 548.340 to 548.350 shall be in the nature of an action in rem not triable by right to a jury. Any holders of any evidences of indebtedness affected by any such court procedure provided for in those sections, or any other interested party, may appeal to the Court of Appeals at any time within 30 days after the rendition of the judgment of the circuit court. The court inquiring into the regularity, legality or correctness of any of such proceedings shall disregard any error, irregularity or omission which does not affect the substantial rights of the parties, and may approve the proceedings in part and disapprove the remainder. Costs in the proceeding may be allowed and apportioned between the parties in the discretion of the court. [Amended by 1979 c.284 �170]

�� 548.360 Moneys and securities; custody. All moneys and securities received under ORS 548.350 may be deposited with the State Treasurer for safekeeping. [Amended by 1989 c.182 �36]

�� 548.365 Depositary for bonds, warrants; authority of State Treasurer. Whenever any governmental agency of the United States has authorized a loan to or for the benefit of any irrigation or drainage district in Oregon for the purpose of refinancing the outstanding indebtedness of the district, the State Treasurer may act as depositary for the bondholders and other creditors of the district and as such may do all things that may be conferred upon the State Treasurer by the bondholders and other creditors of such district or their authorized representatives, in connection with the delivery and transfer of title of deposited bonds, warrants and other evidences of indebtedness. All acts of the State Reclamation Commission had before March 4, 1935, in connection with any such loans authorized before that date, are ratified and confirmed. [Amended by 1955 c.707 �67; 1989 c.182 �37]

�� 548.370 Cancellation or compromise of assessments by districts refunding indebtedness through federal agencies. The board of supervisors of any drainage district or the board of directors of any irrigation district may cancel or compromise any special assessments assessed and levied by such board on lands within the district if the district is refunding its outstanding indebtedness through any governmental agency of the United States. When such assessments are canceled or compromised the board may make appropriate notation of same upon the proper records. [Amended by 1989 c.182 �38; 1997 c.170 �55]

SECURITIES AND MONEYS DEPOSITED WITH COUNTY TREASURER

�� 548.400 Deposit of bonds, warrants and other evidence of indebtedness of irrigation and drainage districts being reorganized. (1) The county treasurer of the county in which the district is headquartered may accept deposits of bonds, warrants or other evidences of indebtedness of irrigation and drainage districts under the process of reorganization, pursuant to the provisions of ORS 545.629 to 545.639, or as may otherwise be provided by law.

�� (2) The county treasurer shall deposit such bonds, warrants or other evidences of indebtedness with the State Treasurer, to be held by the State Treasurer in safekeeping. [Formerly

ORS 55.030

55.030]

�� 52.765 Verification and prosecution of claim. All claims shall be verified by the real party in interest, the agent or assignee of the party. Any claim may be filed and prosecuted in the small claims department by such agent or the assignee of the cause of action upon which recovery is sought. [Formerly 55.040]

�� 52.770 Notice of claim; content; service. (1) Upon the filing of a claim, the court shall issue a notice in the form prescribed by the court.

�� (2) The notice shall be directed to the defendant, naming the defendant, and shall contain a copy of the claim.

�� (3) If the amount or value claimed is $50 or more, the notice and claim shall be served upon the defendant in the manner provided for the service of summons and complaint in proceedings in the circuit courts.

�� (4) If the amount or value claimed is less than $50, the notice and claim shall be served upon the defendant either in the manner provided for the service of summons and complaint in proceedings in the circuit courts or by certified mail, at the option of the plaintiff. If service by certified mail is attempted, the court shall mail the notice and claim by certified mail addressed to the defendant at the last-known mailing address of the defendant within the territorial jurisdiction of the court. The envelope shall be marked with the words �Deliver to Addressee Only� and �Return Receipt Requested.� The date of delivery appearing on the return receipt shall be prima facie evidence of the date on which the notice and claim was served upon the defendant. If service by certified mail is not successfully accomplished, the notice and claim shall be served in the manner provided for the service of summons and complaint in proceedings in the circuit courts.

�� (5) The notice shall include a statement in substantially the following form:

NOTICE TO DEFENDANT:

READ THESE PAPERS CAREFULLY!

�� Within 30 DAYS after receiving this notice you MUST do ONE of the following things:

�� Pay the claim plus fees and service expenses paid by plaintiff OR

�� Demand a hearing OR

�� Demand a jury trial

�� If you fail to do one of the above things within 30 DAYS after receiving this notice, then upon written request from the plaintiff, the court will enter a judgment against you for the amount claimed plus fees and service expenses paid by the plaintiff.

�� If you have questions about this notice, you should contact the court immediately.

[Formerly 55.045]

�� 52.775 Explanation to plaintiff of how notice may be served. The justice of the peace shall provide to each plaintiff who files a claim with the small claims department of the court of the justice of the peace a written explanation of how notice may be served in actions in the department. [Formerly 55.055]

�� 52.780 Admission or denial of claim; request for jury trial. Within 30 days after the date of service of the notice and claim upon the defendant as provided in ORS 52.770:

�� (1) If the defendant admits the claim, the defendant may settle it by:

�� (a) Paying to the court the amount of the claim plus the amount of the small claims fee and service expenses paid by the plaintiff. The court shall pay to the plaintiff the amounts paid by the defendant.

�� (b) If the claim is for recovery of specific personal property, delivering the property to the plaintiff and paying to the plaintiff the amount of the small claims fee and service expenses paid by the plaintiff.

�� (2) If the defendant denies the claim, the defendant:

�� (a) May demand a hearing in the small claims department in a written request to the court in the form prescribed by the court, accompanied by payment of the defendant�s fee prescribed; and

�� (b) When demanding a hearing, may assert a counterclaim in the form provided by the court; or

�� (c) If the total amount or value claimed, including identified prejudgment or preaward interest, fees and costs, exceeds $750, may demand a jury trial in a written request to the court in the form prescribed by the court, accompanied by payment of the appearance fee prescribed by ORS 51.310 (1)(b) together with the trial fee prescribed by ORS 52.410. The request shall designate a mailing address to which a summons and copy of the complaint may be served by mail. Thereafter, the plaintiff�s claim will not be limited to the amount stated in the claim, though it must involve the same controversy. [Formerly 55.065]

�� 52.785 Time and place of hearing; procedure if right to jury trial asserted; fees. (1) If the defendant demands a hearing in the small claims department of the court, the court shall fix a day and time for the hearing and shall mail to the parties a notice of the hearing time in the form prescribed by the court, instructing them to bring witnesses, documents and other evidence pertinent to the controversy.

�� (2) If the defendant asserts a counterclaim, the notice of the hearing time shall contain a copy of the counterclaim.

�� (3) If the defendant claims the right to a jury trial, the court shall notify the plaintiff to file a formal complaint within 20 days following the mailing of such notice. The notice shall instruct the plaintiff to serve a summons and copy of the complaint by mail on the defendant at the designated address of the defendant. Proof of service of the summons and complaint copy may be made by certificate of the plaintiff or plaintiff�s attorney attached to the complaint prior to its filing. The plaintiff�s claim in such formal complaint is not limited to the amount stated in the claim filed in the small claims department but it must involve the same controversy. The defendant shall have 10 days in which to move, plead or otherwise appear following the day on which the summons and copy of the complaint would be delivered to the defendant in due course of mail. Thereafter, the cause shall proceed as other causes in the justice court, and costs and disbursements shall be allowed and taxed and fees not previously paid shall be charged and collected as provided in ORS 51.310 and 52.410 for other cases tried in justice court, except that the appearance fee for plaintiff shall be an amount equal to the difference between the fee paid by the plaintiff as required by ORS 51.310 (1)(c) and the fee required of a plaintiff by ORS 51.310 (1)(a). [Formerly 55.075]

�� 52.790 Additional time for appearances; default and dismissal. (1) Upon written request, the court may extend to the parties additional time within which to make formal appearances required in the small claims department.

�� (2) If the defendant fails to pay the claim, demand a hearing or demand a jury trial, upon written request from the plaintiff, the court shall enter a judgment against the defendant for the relief claimed plus the amount of the small claims fee and service expenses paid by the plaintiff.

�� (3) If the plaintiff fails within the time provided to file a formal complaint pursuant to ORS 52.785 (3), the court shall:

�� (a) Dismiss the case without prejudice; and

�� (b) If the defendant applies therefor in writing to the court not later than 30 days after the expiration of the time provided for the plaintiff to file a formal complaint, refund to the defendant the amount of the jury trial fee paid by the defendant under ORS 52.780 (2)(c).

�� (5) Upon good cause shown within 60 days, the court may set aside a default judgment or dismissal and reset the claim for hearing. [Formerly 55.077]

�� 52.795 Formal pleadings unnecessary; issuance of attachment, garnishment or execution; costs of execution taxable. No formal pleading, other than the claim and notice, shall be necessary. The hearing and disposition of all actions shall be informal, the sole object being to dispense justice between the litigants promptly. No attachment, garnishment or execution shall issue from the small claims department on any claim except as provided in ORS 52.750 to 52.830. A prevailing party�s costs in securing and service of such execution shall be taxed against the other party and recoverable as part of the judgment. [Formerly 55.080]

�� 52.800 Appearance by parties and attorneys; witnesses. (1) Except as may otherwise be provided by ORS 52.765, no attorney at law nor any person other than the plaintiff and defendant shall become involved in or in any manner interfere with the prosecution or defense of the litigation in the department without the consent of the justice of the justice court, nor shall it be necessary to summon witnesses. But the plaintiff and defendant may offer evidence in their behalf by witnesses appearing at the hearing, and the justice may informally consult witnesses or otherwise investigate the controversy and give judgment or make such orders as the justice deems right, just and equitable for the disposition of the controversy.

�� (2) Notwithstanding ORS 9.320, a party that is not a natural person, state or any city, county, district or other political subdivision or public corporation in this state may appear as a party to any action in the department without appearance by attorney.

�� (3) When spouses are both parties to an action, one spouse may appear on behalf of both spouses in mediation or litigation in the small claims department:

�� (a) With the written consent of the other spouse; or

�� (b) If the appearing spouse declares under penalty of perjury that the other spouse consents. [Formerly

ORS 550.170

550.170.

�� (3) �Elector� means an individual qualified to vote under Article II, section 2, of the Oregon Constitution, who resides in the district.

�� (4) �File for record� means to file a document for recording with the county clerk.

�� (5) �Green infrastructure� means infrastructure adapted to wet weather management that:

�� (a) Infiltrates, evapotranspires, captures and reuses storm water to maintain or restore natural hydrology;

�� (b) Protects or restores natural landscapes;

�� (c) Uses rain gardens, porous pavements, green roofs, infiltration planters, trees, tree boxes, bioswales or other green infrastructure strategies; or

�� (d) Harvests rain water from an artificial impervious surface for nonpotable uses, including landscape irrigation and toilet flushing.

�� (6) �Initial district board� means the 17-member appointed board of directors under ORS

ORS 555.535

555.535�� Application of ORS chapter 255

RECLAMATION UNDER CAREY ACT

�� 555.010 Acceptance by state of conditions of Carey Act and grants thereunder. The State of Oregon hereby accepts the conditions of section 4 of the Act of Congress approved August 18, 1894 (28 Stat. 422), and amendments thereto, known as the �Carey Act,� together with all grants of land to the state under the provisions of that Act.

�� 555.020 Water Resources Commission to manage lands; general powers; transfer of powers of former state boards. The selection, management, and disposal of the land referred to in ORS 555.010 shall be vested in the Water Resources Commission. The commission may employ necessary assistance, purchase material and supplies, and shall have charge and control of all reclamation work undertaken, contracted for, or initiated by the State Land Board prior to the passage of chapter 226, Oregon Laws 1909, or by the Desert Land Board prior to the passage of chapter 434, Oregon Laws 1927, and of the reclamation companies which were operating under either of those boards.

�� 555.030 Duties of Water Resources Commission. The Water Resources Commission, or some authorized assistant, shall:

�� (1) Have custody of all the records and files under the provisions of ORS 555.010 to 555.160, which shall be public records and open to inspection by the public during office hours.

�� (2) Receive and file all proposals for construction of irrigation works to reclaim lands selected under the provisions of ORS 555.010 to 555.160.

�� (3) Keep for public inspection maps or plats of all land selected.

�� (4) Receive entries of settlers on these lands.

�� (5) Do any and all work necessary in carrying out the provisions of ORS 555.010 to 555.160. [Amended by 1955 c.707 �68]

�� 555.040 Powers of Water Resources Commission as to contracts with Secretary of Interior for lands to be reclaimed; lien for expenses. Upon application, made as provided in ORS 555.050, by any person desiring to reclaim any of the desert government lands in this state, the Water Resources Commission shall make proper application for the lands which the applicant undertakes to reclaim, and make and enter into contract or agreement with the Secretary of the Interior for the donation and patent to the state, free of cost for survey or price, of such desert lands. The commission may make and enter into such contracts and agreements, and create and assume such obligations in relation to and concerning the lands, as may be necessary to induce and cause such reclamation thereof as is required by the contract with the Secretary of the Interior and the Acts of Congress. The commission may create a lien which shall be valid on and against the separate legal subdivisions of land reclaimed, for the necessary expenses of reclamation, and reasonable interest thereon from the date of reclamation until the lien is satisfied; provided that in no event, in no contingency, and under no circumstances, shall the state be in any manner directly or indirectly liable for any amount of any such lien or liability, in whole or in part.

�� 555.050 Application to Water Resources Commission for lands to be reclaimed; selection and withdrawal of lands. (1) Any person desiring to construct ditches, canals or other irrigation works to reclaim land under the provisions of ORS 555.010 to 555.160 shall, at the expense of the person, file with the Water Resources Commission an application for selection on behalf of the state, by the commission, of the land to be reclaimed. The application shall conform to all requirements of the federal laws and rulings thereunder, and be accompanied by the necessary land office fees and such additional data as may be prescribed by the commission, including a preliminary estimate of costs and the amount of lien asked for. If the application is made in proper form, and it appears that the proposed plan is feasible, that the applicant is financially able to complete the work, and that its completion will be to the best interests of the state, then the commission, at the expense and cost of the applicant, shall make proper application for the selection and withdrawal of the lands included in the application.

�� (2) The commission may do all things necessary to secure the withdrawal of lands on behalf of the commission by the Secretary of the Interior, and let a contract to the lowest responsible bidder for the reclamation and colonization of the same when withdrawn.

�� 555.060 Deposit by applicant; disposition of money. A deposit shall accompany each application in a sum not less than 10 cents per acre up to 1,000 acres, and two cents per acre for each acre over that amount, which sum shall be deposited with the Water Resources Commission and held in trust as a guarantee of good faith on the part of the applicant, to whom it shall be returned at the time of execution of a contract between the state and the applicant. In case the person making the application shall, upon segregation by the Secretary of the Interior of any or all of the lands mentioned therein, refuse to enter into a contract with the state, the deposit shall be forfeited to the state and credited to the Oregon Irrigation Fund.

�� 555.070 Contract for reclamation of land; contents; examination and report by Water Resources Commission; sale of water right to settlers; bond of contractor; deposit to secure purchasers of water rights. Upon withdrawal of the land by the Department of the Interior, the Water Resources Commission shall enter into a contract for the reclamation of such land with the person submitting the application, which contract shall contain plans and specifications of the proposed irrigation works; provided, that no contract shall be executed by the commission until after an examination by the commission concerning the feasibility of the proposed plan of reclamation, sufficiency and availability of the water supply, and reasonableness of the estimate of cost and the lien requested. The contract shall provide for the sale of the water right to settlers on the land in satisfaction of the reclamation lien allowed. This contract shall not be entered into on the part of the state until the withdrawal of the lands by the Department of the Interior and the filing of a satisfactory bond on the part of the proposed contractor, which bond shall be in a penal sum not less than two percent of the lien to be allowed, and shall be conditioned upon the faithful performance of the provisions of the contract with the state; provided, that in case the contractor is the irrigation district such bond need not be filed. The commission may, however, require the contractor to make a deposit at the time of application for entry of land by settlers to insure the transfer of the system in good condition and repair to the purchasers of water rights as herein provided, which deposit shall be returned by the commission at the time of such transfer. [Amended by 1955 c.707 �69]

�� 555.080 Reclamation works; control by contractor; transfer to purchasers of water rights. For such time as is specified in the contract, and not to exceed 10 years from the date thereof, the control and management of the reclamation works shall be vested in the person having contract with the state. At the expiration of such time the clear and unencumbered title to the reclamation works and all franchises thereunto belonging, also the control and management thereof, shall pass to the purchasers of water rights from the reclamation works in the manner to be prescribed in the contract, the contractor retaining an interest in the works proportional to the amount of water right unsold.

�� 555.090 Time for construction of works; date of commencement; securing of water rights; cessation of work as causing forfeiture; extension of time. No contract shall be made by the Water Resources Commission which requires a greater time than five years for construction of the works. All contracts shall state that the work shall begin within six months from date of contract; that the contractor shall secure for the use and benefit of the reclamation system all necessary water rights, rights of way, reservoir sites, or other property necessary for its construction and operation; that construction shall be prosecuted diligently and continuously to completion; and that a cessation of work under the contract with the state for a period of six months, without the sanction of the commission, will forfeit to the state all rights under the contract. The commission may extend the time in which to begin the construction of works, or for the completion of work, on account of delay caused by physical or engineering difficulties beyond the power of the contractor to control.

�� 555.100 Nonperformance by contractor; forfeiture; notice of forfeiture; sale of incomplete works; disposal of proceeds. (1) Upon the failure of any parties having contracts with the state for the construction of irrigation works, to begin the same within the time specified by the contract, or to complete the same within the time or in accordance with the specifications of the contract with the state, to the satisfaction of the Water Resources Commission, the commission shall give the parties written notice of such failure. If after a period of 60 days from the sending of such notice they have failed to proceed with the work or to conform to the specifications of their contract with the state, or secure an extension of time, their contract and all works constructed thereunder shall be at once forfeited to the state.

�� (2) In case of any forfeiture, cancellation, or relinquishment of any contract to the state, the commission shall so declare and give notice once each week, for four weeks, in some newspaper of general circulation in the county in which the work is situated, and in one newspaper at the state capital in like manner and for a like period, of the forfeiture, cancellation, or relinquishment of the contract, and that upon a fixed day proposals will be received at the office of the commission for purchase of the incompleted works and for completion of the irrigation works in accordance with plans, specifications and other conditions prescribed by the commission, the time for receiving bids to be at least 60 days subsequent to the issuing of the last notice of forfeiture. The money received by the commission from sale of the partially completed works under the provisions of this section shall first be applied to the expenses incurred by the state in their forfeiture and disposal, and the surplus, if any exists, shall be paid to the original contractors with the state.

�� 555.110 State�s liability. Nothing in ORS 555.010 to 555.160 shall be construed as authorizing the Water Resources Commission to obligate the state to pay for any work constructed under any contract, or to hold the state in any way responsible to settlers for the failure of contractors to complete the work according to the terms of their contracts with the state.

�� 555.120 Conditions precedent to entry onto land and sale of water rights; form of applications for purchase or for release of lien; �date of reclamation.� No land shall be open to entry and no water rights shall be sold by the parties under contract with the Water Resources Commission until the construction of the works is sufficiently advanced to insure a water supply, and the entry of an order by the commission opening the land or any portion thereof to entry and sale. All applications to purchase lands, or for release of lien for construction of the reclamation works, shall be upon the forms provided by the commission. The �date of reclamation,� for the purposes of ORS 555.010 to 555.160, shall be the date shown by the proof furnished the Secretary of the Interior by the commission at which water was furnished available for the reclamation of each tract in the list of lands.

�� 555.130 Application to enter; contract for purchase of water rights and release of lien; payment for land. Any citizen of the United States, or any person having declared an intention to become such, over the age of 21 years, may make application, under oath, to the Water Resources Commission, upon forms prescribed by the commission, to enter any of the lands reclaimed under the provisions of ORS 555.010 to 555.160, in an amount not to exceed 160 acres for any one person. Each application shall be accompanied by a contract, made and entered into by the applicant with the person who has undertaken the reclamation of the tract in question, which contract shall show that the applicant has made proper arrangement for purchase of the necessary water rights and the release of the construction lien. Each application to the commission shall in addition be accompanied by a payment of not less than $1 per acre for each acre included in the application, which payment shall be made by the contractor out of the first payment by the applicant, and shall be deposited by the commission with the State Treasurer, who shall credit it to the Oregon Irrigation Fund. If the application is not approved, the $1 payment shall be returned to the contractor.

�� 555.140 Deeds to land; execution; form; title conveyed; record; preservation of copies; copies as evidence. Upon filing with the Water Resources Commission a satisfactory release of the construction lien apportioned by the commission against the land in any application, accompanied by satisfactory proof of reclamation, cultivation and settlement, as required by the rules of the commission, it shall be the duty of the commission to deed to the applicant, or the assignee of the applicant, the land described in the application. The deeds shall be in form of a quitclaim and shall operate to convey only such title as the state may have in the land conveyed. The deeds, without acknowledgment, or copies thereof duly certified and attested under seal by the commission, certified from the official copy in the keeping of the commission, shall be admitted to record. The commission shall preserve, in a suitable book, a true copy of the deeds, with an alphabetical index of the names of the grantees, and such copies or certified copies thereof certified and attested as aforesaid shall be primary evidence of such conveyances.

�� 555.150 Rules. The Water Resources Commission shall provide suitable rules for the filing of applications for constructing irrigation works, prescribing the nature of final surveys, and the gathering of engineering data upon which the contract with the state is to be based, the manner in which the plans and specifications shall be submitted, and for the entry of and payment for the land and water rights by settlers and for the settlement or forfeiting of entry by settlers, and such other rules and regulations as are necessary to carry out the provisions of ORS 555.010 to

ORS 558.053

558.053.

�� (8) The bond is subject to any rules adopted by the department relating to such bonds. [2003 c.175 �15]

�� 558.053 Judgment against principal on bond; action against surety; satisfaction. (1) If a judgment rendered against the principal on a bond described under ORS 558.052 is not settled within 60 days after it has become final, a judgment creditor, for the judgment creditor�s own use and benefit and at the judgment creditor�s sole expense, may bring an action against any surety on the bond. An action brought under this section must be brought in the name of the state. An action under this section may include any action or proceeding to foreclose any lien established upon the real property of a surety under ORS 558.052.

�� (2) For purposes of this section, a judgment is satisfied when any of the following occurs:

�� (a) Payments in the amounts established by the payment schedule under ORS 558.050 have been credited upon any judgment or judgments rendered in excess of those amounts.

�� (b) Judgments rendered for less than the amounts established under ORS 558.050 have been satisfied.

�� (c) The judgment creditor and the judgment debtor have mutually agreed upon a compromise settlement of the judgment.

�� (d) The judgment against the judgment debtor has been discharged in bankruptcy. [2003 c.175 �16]

�� 558.054 Deposit of cash or other security to meet financial responsibility; rules; use of deposit. (1) A person may satisfy the financial responsibility requirements of ORS 558.050 by depositing with the State Department of Agriculture the following:

�� (a) Cash;

�� (b) Legally issued general obligations of the United States, the agencies and instrumentalities of the United States and the States of Oregon, Washington, Idaho and California;

�� (c) Certificates of deposit or other similar instruments if the instruments are insured by the Federal Deposit Insurance Corporation; or

�� (d) Any combination of cash or instruments described in this subsection.

�� (2) The department shall hold the deposit under terms and conditions that the department designates by rule. The department may deliver the deposit to the State Treasurer, who shall receive and hold the deposit subject to the order of the department. The depositor shall reimburse the State Treasurer for any expenses incurred by the State Treasurer in mailing, insuring, shipping or delivering the cash or instruments in the deposit.

�� (3) The department, by order, may authorize the State Treasurer to use the deposit as follows:

�� (a) To satisfy any execution on a judgment that is against the person making the deposit for an accident described in ORS 558.050 and that results from a cause of action that accrued after the deposit was made; or

�� (b) To release any or all of the deposit to the depositor or other person as the department considers appropriate.

�� (4) While deposited with the department, the cash or instruments in the deposit are not subject to attachment or execution unless the attachment or execution arises out of a judgment against the person making the deposit for an accident described in ORS 558.050 and that results from a cause of action that accrued after the deposit was made.

�� (5) The department shall issue the depositor a certificate evidencing the deposit. [2003 c.175 �17]

�� 558.055 Hearing on application for license. Upon receipt of an application for a license, the State Department of Agriculture shall fix the time and place for a public hearing on the application. Such hearing shall be held in the county seat of any county in which the proposed operation will be conducted. The department shall notify the applicant of the time and place of hearing in sufficient time for the applicant to comply with the notice requirements of ORS 558.080 to 558.100. [1975 c.420 �3]

�� 558.060 Issuance of license; conditions; licensee�s authority; use of materials other than described in license; renewal; fee. (1) The State Department of Agriculture shall act within 30 days, but shall only issue the license upon finding that:

�� (a) The applicant is qualified to undertake the weather modification operation proposed in the application;

�� (b) The production, management or conservation of water or energy resources or agricultural or forest crops could be benefited by the proposed weather modification operation; and

�� (c) The proposed weather modification operation would not be injurious to the public health or safety.

�� (2) Each such license shall entitle the licensee to conduct the operations described in the license for one year from the date the license is issued unless the license is sooner revoked or suspended. The conducting of any weather modification operation or the use of any equipment or materials other than those described in the license shall be cause for revocation or suspension of the license.

�� (3) The license may be renewed annually by payment of a filing fee in the sum of $50. If the application for renewal proposes any change in the previously licensed operation, or if the department determines that the public health or safety may be adversely affected by continuation of the operation, the department shall conduct a hearing on the application for renewal. The provisions of ORS 558.055 and 558.080 to 558.100 shall apply to such hearing. [1953 c.654 �5; 1975 c.420 �4]

�� 558.065 [1965 c.336 �2; repealed by 1967 c.225 �1 (558.066 enacted in lieu of 558.065)]

�� 558.066 Governmental entities conducting weather modification at airport; exemption. The State of Oregon or its agencies, counties, cities, public corporations or political subdivisions thereof or any person engaged by any of them for the purpose of removing or dispersing fog, or carrying out or performing any other weather modification at an airport owned or operated by the State of Oregon or its agencies, counties, cities, public corporations or political subdivisions thereof, are exempt from the provisions of ORS 558.010 to 558.140 in respect to such operations at such airport only. [1967 c.225 �2 (enacted in lieu of 558.065)]

�� 558.070 [1953 c.654 �6; repealed by 1975 c.420 �12]

�� 558.080 Contents of hearing notice. The notice of hearing shall set forth all of the following:

�� (1) The name and post-office address of the applicant.

�� (2) The name and post-office address of the person on whose behalf the weather modification operation is to be conducted if other than the applicant.

�� (3) The nature and object of the weather modification operation which applicant proposes to conduct, including a general description of such operation.

�� (4) The method and type of equipment and the type and composition of the materials that the applicant proposes to use.

�� (5) The area in which and the approximate time during which the operation will be conducted.

�� (6) The area which will be affected by the operation as near as the same may be determined in advance.

�� (7) The time and place of the public hearing. [1953 c.654 �7; 1975 c.420 �5]

�� 558.090 Publication of notice of hearing. The applicant shall cause the notice of hearing to be published at least once a week for two consecutive weeks in a newspaper having a general circulation and published within the county wherein the proposed operation is to be conducted and in which the affected area is located, or if the proposed operation is to be conducted in more than one county or if the affected area is located in more than one county or is located in a county other than the one in which the proposed operation is to be conducted, then such notice shall be published in like manner in a newspaper having a general circulation and published within each of such counties. In case there is no newspaper published within the appropriate county, publication shall be made in a newspaper having a general circulation within the county. The date of last publication shall be not less than three nor more than 10 days prior to the date set for hearing. [1953 c.654 �8; 1975 c.420 �6]

�� 558.100 Proof of publication. Proof of publication shall be filed by the applicant with the State Department of Agriculture at the time of the hearing. Proof of publication shall be by copy of the notice as published, attached to and made a part of the affidavit of the publisher or foreman of the newspaper publishing the notice. [1953 c.654 �9; 1975 c.420 �7]

�� 558.110 Records and reports of operations; public examination. (1) Each licensee shall keep and maintain a record of all operations conducted by the licensee pursuant to the license showing the method employed, the type of equipment, the type and composition of the materials used, the times and places of operation of the equipment, the name and post-office address of each person participating or assisting in the operation other than the licensee, the estimated precipitation for each licensed project, defining the gain or loss occurring from the operations, together with supporting data therefor, and such other information as may be required by the State Department of Agriculture, and shall report the same to the department at such times as it may require.

�� (2) The records of the department and the reports of all licensees shall be available for public examination. [1953 c.654 �10; 1975 c.420 �8]

�� 558.120 Emergency licenses. Notwithstanding any provision of ORS 558.010 to 558.140 to the contrary, the State Department of Agriculture may grant a license permitting a weather modification operation without compliance by the licensee with the provisions of ORS 558.055 and 558.080 to 558.100, if the operation appears to the department to be necessary or desirable in aid of the extinguishment of fires, dispersal of fog, or other similar emergency. [1953 c.654 �11; 1975 c.420 �9]

�� 558.130 [1953 c.654 �12; repealed by 1975 c.420 �12]

�� 558.135 Revocation, suspension, refusal to issue or renew license; procedure. (1) Where the State Department of Agriculture proposes to refuse to issue or renew a license, or proposes to revoke or suspend a license, opportunity for hearing shall be accorded as provided in ORS chapter 183.

�� (2) Promulgation of rules, conduct of hearings, issuance of orders and judicial review of rules and orders shall be in accordance with ORS chapter 183. [1975 c.420 �11]

�� 558.140 Appropriation for administration and enforcement. All moneys received by the State Department of Agriculture under ORS 558.010 to 558.140, in addition to any other appropriation of funds available for the administration of ORS 558.010 to

ORS 558.990

558.990�� Penalties

LICENSING

�� 558.010 Definitions for ORS 558.010 to 558.140. As used in ORS 558.010 to 558.140:

�� (1) �Department� means the State Department of Agriculture.

�� (2) �Person� includes any public or private corporation. [1953 c.654 �1; 1955 c.61 �4]

�� 558.020 Purpose of ORS 558.010 to 558.140. The purpose of ORS 558.010 to 558.140 is to promote the public health, safety and welfare by providing for the licensing, regulation and control of interference by artificial means with the natural precipitation of rain, snow, hail, moisture or water in any form contained in the atmosphere. [1953 c.654 �2]

�� 558.030 Artificial weather modification prohibited without license. No person, without securing a license from the State Department of Agriculture, shall cause or attempt to cause by artificial means condensation or precipitation of rain, snow, hail, moisture or water in any form contained in the atmosphere, or shall prevent or attempt to prevent by artificial means the natural condensation or precipitation of rain, snow, hail, moisture or water in any form contained in the atmosphere. [1953 c.654 �3]

�� 558.040 Application for license; fee. (1) Any person desiring to do any of the acts specified in ORS 558.030 shall file with the State Department of Agriculture an application for a license on a form to be supplied by the department for such purpose setting forth all of the following:

�� (a) The name and post-office address of the applicant.

�� (b) The education, experience and qualifications of the applicant, or if the applicant is not an individual, the education, experience and qualifications of the persons who will be in control and in charge of the operation of the applicant.

�� (c) The name and post-office address of the person on whose behalf the weather modification operation is to be conducted if other than the applicant.

�� (d) The nature and object of the weather modification operation which applicant proposes to conduct, including a general description of such operation and the manner in which the production, management or conservation of water or energy resources or agricultural or forest crops could be benefited by the operation.

�� (e) The method and type of equipment and the type and composition of the materials that the applicant proposes to use.

�� (f) Such other pertinent information as the department may require.

�� (2) Each application shall be accompanied by a filing fee in the sum of $100, and proof of financial responsibility as required by ORS 558.050. [1953 c.654 �4; 1975 c.420 �1]

�� 558.050 Proof of financial responsibility. (1) No license shall be issued to any person until the person has filed with the State Department of Agriculture proof of ability to respond in damages for liability on account of accidents arising out of the weather modification operations to be conducted by the person in the amount of $100,000 because of bodily injury to or death of one person resulting from any one accident, and, subject to said limit for one person, in the amount of $300,000 because of bodily injury to or death of two or more persons resulting from any one accident, and in the amount of $300,000 because of injury to or destruction of property of others resulting from any one accident.

�� (2) Proof of financial responsibility may be given by filing with the department a certificate of insurance or a bond, an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or a certificate evidencing deposit of money in the same manner and with the same effect as provided by ORS

ORS 568.445

568.445, one or more landowners may petition the State Department of Agriculture to withdraw the land of the petitioning landowners from an existing soil and water conservation district. The department shall prescribe the form for the petition. The petition must include, but need not be limited to, a legal description of the property, landowner information and the reasons for the proposed withdrawal.

�� (2) The department shall approve the petition if the department, in consultation with the district board of directors, determines that:

�� (a) It is not and would not be feasible for the land described in the petition to receive services from the district; or

�� (b) The work of the district would not benefit the soil, water or natural resource conditions of the land described in the petition.

�� (3) The department shall deny the petition if the department, in consultation with the district board, determines that:

�� (a) It is or would be feasible for the land described in the petition to receive services from the district; and

�� (b) The work of the district would benefit the soil, water or natural resource conditions of the land described in the petition.

�� (4) If the department approves the petition, the department shall redefine the boundaries of the district and make any adjustments to the district zones necessary to comply with ORS 568.560.

�� (5) Land withdrawn from a district with an ad valorem tax is not subject to taxes levied for the district after the withdrawal date. The district board shall provide the notice of boundary change to the Department of Revenue and the county assessor under ORS 568.435.

�� (6) If a petitioner disagrees with the decision of the department, the petitioner may initiate a referendum on the decision by submitting additional petitions signed by 10 percent or more of the electors residing in the existing district. The referendum election shall be governed by ORS chapter 255. Only electors residing in the existing district are eligible to cast ballots in the referendum election.

�� (7) If a majority of the ballots cast at the referendum election are in favor of the withdrawal, the department shall approve the petition, redefine the boundaries of the district and make any adjustments to the district zones necessary to comply with ORS 568.560. [2009 c.220 �15]

�� 568.435 Boundary change notice for taxation purposes. For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225. [2001 c.138 �50]

�� Note: 568.435 was added to and made a part of 568.210 to 568.808 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 568.440 District legally formed; certificate as evidence. In any suit, action or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding or action of a soil and water conservation district, the district shall be deemed to have been formed in accordance with ORS 568.210 to 568.808 and 568.900 to 568.933 upon proof of the issuance by the Secretary of State of the certificate provided for in ORS 568.420 or 568.555. A copy of such certificate certified by the Secretary of State shall be admissible in evidence in any such suit, action or proceedings and shall be proof of the filing and contents of the certificate. [Amended by 1983 c.740 �219; 2009 c.220 �13]

�� 568.445 Petitions for inclusion of territory wholly within another district; approval or disapproval by directors and department. (1) Proceedings for inclusion within a district territory adjacent thereto and located wholly within another district may be initiated by:

�� (a) A petition for inclusion filed with the directors of the district within which the territory is proposed to be included, signed by 25 or two-thirds, whichever is the lesser, of the landowners of the adjacent territory; or

�� (b) Resolutions for inclusion adopted by the board of directors of each district to be affected by the inclusion and filed with the State Department of Agriculture.

�� (2) The department shall prescribe the form for such petitions. The directors of the district within which the territory is proposed to be included shall approve or disapprove such a petition. If they approve the petition, the directors shall forward it to the department.

�� (3) Upon receipt of a petition forwarded as provided in subsection (2) of this section or a resolution as provided in subsection (1)(b) of this section, the department shall investigate the proposed inclusion of territory, taking into consideration:

�� (a) The reasons for the proposed inclusion.

�� (b) The reaction of the landowners of the district within which the territory in question is located to the proposed inclusion.

�� (c) The effect of the inclusion on the district within which the territory in question is located and the district within which the territory is proposed to be included.

�� (d) Any other matters deemed pertinent by the department.

�� (4) After the investigation the department shall approve or disapprove the petition. If the department approves the petition, the inclusion of the territory within the one district and the withdrawal thereof from the other district shall be effective, and the department shall present to the Secretary of State a statement of such approval and a map of each district affected showing the new boundaries thereof. The Secretary of State, upon receipt of the statement and maps, shall make the necessary changes in the appropriate records in the office of the secretary. [1955 c.142 �3; 1973 c.656 �6; 1981 c.92 �20]

�� 568.450 Procedure for consolidating districts. (1) Proceedings to consolidate two or more soil and water conservation districts may be initiated by:

�� (a) Petitions to consolidate filed with the State Department of Agriculture by 500 electors or 10 percent of the electors, whichever is less, within the districts affected; or

�� (b) Resolutions to consolidate adopted by the board of directors of each district to be affected by the consolidation and filed with the department.

�� (2) The department shall prescribe the form for the petition. The petition must include, but need not be limited to, a legal description of the districts, name and contact information for the chief petitioner and the reasons for the proposed consolidation.

�� (3) If consolidation is initiated as provided in this section, the department shall hold a public hearing no later than 60 days after receipt of the petitions or resolutions. The department shall conduct the public hearing for the purposes of reviewing the petitions or resolutions, discussing procedures and requirements under ORS 568.460, 568.471 and 568.545 and accepting public comment.

�� (4)(a) If all of the districts involved in a consolidation have tax levies, the districts shall hold a referendum election on the consolidation unless:

�� (A) No objections to the consolidation are received at the public hearing described in subsection (3) of this section; and

�� (B) No later than 60 days after the public hearing described in subsection (3) of this section, a two-thirds majority of the board of directors in each of the districts votes to approve the consolidation and the boundaries of the consolidated district.

�� (b) The permanent tax rate for the consolidated district shall be established as provided under section 11 (3)(d), Article XI of the Oregon Constitution.

�� (5) If none of the districts involved in a consolidation have tax levies, the districts shall hold a referendum election on the consolidation unless:

�� (a) No objections to the consolidation are received at the public hearing described in subsection (3) of this section; and

�� (b) No later than 60 days after the public hearing described in subsection (3) of this section, a two-thirds majority of the board of directors in each of the districts votes to approve the consolidation and the boundaries of the consolidated district.

�� (6) If a consolidation is between one or more districts having tax levies and one or more districts that do not have tax levies, the districts shall hold a referendum election on the consolidation. The ballot measure shall indicate that a single question is being proposed, consisting of whether the districts should consolidate into a single district for which the permanent rate limit specified in the ballot measure shall be adopted as the permanent rate limit of operating taxes for the consolidated district.

�� (7) The counties containing the affected districts shall administer the referendum election process as provided under ORS chapter 255. [Amended by 1965 c.155 �1; 1981 c.92 �21; 2005 c.281 �1; 2009 c.220 �16]

�� 568.460 Referendum; eligible electors; majority required. In the holding of the referendum for consolidation all electors residing within the affected districts shall be eligible to vote. Unless a majority of the electors in each of the districts involved votes in favor of the proposal, the districts shall not be consolidated. [Amended by 1973 c.656 �7]

�� 568.470 [Amended by 1961 c.236 �1; repealed by 2009 c.220 �34]

�� 568.471 Effect of consolidating districts. If two or more soil and water conservation districts are consolidated, the corporate existence of the districts and, except as provided in ORS 568.545, the terms of office for the board of directors of the former districts expire upon the Secretary of State issuing and recording a certificate of formation for the consolidated district. Upon consolidation, the consolidated district shall assume and be vested with all rights and liabilities of the former districts. [2009 c.220 �17]

�� 568.480 [Amended by 1973 c.656 �8; 1981 c.92 �22; repealed by 2009 c.220 �34]

�� 568.481 Methods for initiating dissolution of district; notice of process initiation; plan of dissolution and liquidation; public hearings; dissolution order; referendum. (1) The dissolution of a soil and water conservation district may be initiated by any of the following methods:

�� (a) A petition by 500 electors or 10 percent of the electors within the district, whichever is less, filed with the State Department of Agriculture.

�� (b) A resolution of the district board of directors filed with the department. The district board may adopt a resolution described in this paragraph only if the board finds that dissolution and liquidation of the district is in the public interest.

�� (c) District board notification to the department that the board is unable to maintain a quorum of directors or that the district is unable to satisfy the legal obligations and liabilities of the district.

�� (d) An order of the department, if the department determines that the district is inactive, that the district board is unable to maintain a quorum of directors or that the district is unable to satisfy the legal obligations and liabilities of the district.

�� (2) The department shall prescribe the form for a petition for dissolution. The petition must include, but need not be limited to, a legal description of the district, name and contact information for the chief petitioner and the reasons for the proposed dissolution. No later than 60 days after receiving the petition, the department shall verify the petition signatures.

�� (3) Upon the initiation of a dissolution by any method, the department shall provide the district with written notice that the dissolution process has been initiated and shall request information from the district board for use in public meetings and public hearings.

�� (4) No later than 60 days after receiving a written request for information from the department, the district board shall provide the department with the requested information and a plan of dissolution and liquidation for the district. The information and plan shall include, at a minimum:

�� (a) The amount of district debt, a general description of the indebtedness and the names and contact information for persons owed, including but not limited to, payroll and other accrued liabilities;

�� (b) A brief description of the district�s real property and interests in real property;

�� (c) A description of conservation easements held by the district;

�� (d) A description of the uncollected taxes, assessments and charges levied by the district;

�� (e) A description of personal property and other assets of the district;

�� (f) The estimated cost of dissolution; and

�� (g) A general description of all district contracts, grants and agreements, a description of receivables and payables for each contract, grant and agreement and a description of the work or other obligations remaining on each contract, grant or agreement.

�� (5) If the district is within the jurisdiction of a local government boundary commission, no later than 10 days after the district board provides the plan of dissolution and liquidation to the department, the district board shall provide a copy of the plan to the boundary commission.

�� (6) The department shall have full access to district records. If the district is unable to prepare a plan of dissolution and liquidation, the department shall review the district records and prepare the plan.

�� (7) The department shall conduct public meetings and public hearings as necessary to present the plan of dissolution and liquidation and to aid in the consideration of dissolution.

�� (8) If the dissolution is initiated by petition, the department may order the district dissolved without a referendum election if:

�� (a) No later than 60 days after the department receives the petition, the district board adopts a resolution to dissolve the district and the department determines that dissolution of the district is in the public interest; or

�� (b) No later than 60 days after holding a public hearing regarding dissolution of the district, the department finds that the district board is unable to maintain a quorum of directors or that the district is unable to satisfy the legal obligations and liabilities of the district.

�� (9) Except as provided in subsection (8) of this section, if the dissolution is initiated by petition, after holding a public hearing and giving notice of a referendum election, the department shall hold an election. The election shall be for the purpose of submitting to the electors of the district the question of whether the district should be dissolved, the indebtedness of the district liquidated and district assets disposed of, as provided under the plan for dissolution and liquidation. The election shall be held on the next special election date described in ORS 255.345 for which the filing deadline can be met. However, an election may not be held unless the department has:

�� (a) Made provision for the district to pay to the department, to the extent practicable, the cost of the referendum; and

�� (b)(A) Obtained assent to the dissolution and liquidation from all known holders of a valid indebtedness against the district; or

�� (B) Made provision in the plan of dissolution and liquidation for the payment of nonassenting holders.

�� (10) The notice of election must contain a brief summary of the plan of dissolution and liquidation and state that the plan is available for examination at the office of the county clerk. Only electors residing in the district are eligible to cast ballots in the referendum election. An informality in the conducting of the referendum election, or in matters regarding the election, does not invalidate the election or results if notice of the election was given in substantial compliance with this section and the election was fairly conducted.

�� (11) If a majority of the ballots cast at the referendum election are in favor of dissolution, the department shall approve the petition and order dissolution of the district. If a majority of the ballots cast disapprove the proposed dissolution, the department may not order dissolution of the district.

�� (12) If a referendum does not approve a proposal to dissolve a district, the department may not accept the filing of a new petition for dissolution of the district until one year after the referendum election date. Upon the filing of a new petition for dissolution of the district, the department shall make new requests for information from the district board and hold new public meetings and public hearings as provided under this section. [2009 c.220 �18]

�� 568.490 [Amended by 1955 c.142 �14; 1981 c.92 �23; repealed by 2009 c.220 �34]

�� 568.491 Termination of board of directors; appointment of board of trustees; notice of dissolution; certificate of dissolution. (1) If referendum election results favor the dissolution of a soil and water conservation district, or if the State Department of Agriculture orders the dissolution of a district under ORS

ORS 568.890

568.890 and may be reimbursed for actual expenses incurred in carrying out those provisions. All wages and expenses paid wind erosion inspectors shall be paid by the county court from funds set aside for this purpose, as provided in ORS 568.880.

�� 568.860 Inspector may enter lands in district; service of notice on owner or occupant. (1) The wind erosion inspector shall have access to all lands within the district or districts under the supervision of the inspector. If in the judgment of the inspector wind erosion is occurring or is likely to occur because proper control measures are not being practiced, the inspector shall serve a written notice to any such owner or occupant of such land, or where unable to serve such notice personally, shall post the same and two copies thereof in three conspicuous places on the land where the provisions of ORS 568.810 to 568.890 are not being complied with, bearing date of service on posting of same and a statement setting forth that work on the control of wind erosion must be commenced within five days; except that when serious blowing is actually occurring, four hours from the date of service is sufficient notice.

�� (2) A copy of the notice or notices, each showing the period of grace allowed, together with proof of service indorsed thereon, shall be filed with the county court.

�� 568.870 County court may authorize inspector to control erosion; expenses of control. (1) If the owner or occupant of the land fails or refuses to control wind erosion in accordance with ORS

ORS 569.370

569.370 and 569.470 to 569.495 may apply to the county court or commission for a cost-share assistance grant. [Formerly 570.580]

�� 569.475 Cost-share assistance grants for weed control; source of expenditures; limit on grants. (1) The county courts of the several counties of this state hereby are required to provide cost-share assistance grants to persons owning or occupying land within such counties who conduct a weed control project in accordance with the provisions of ORS 569.370 and 569.470 to 569.495. Expenditures by any county court or commission for cost-share assistance grants shall be made from the county�s weed control fund pursuant to ORS 569.420.

�� (2) In any fiscal year, the amount of cost-share assistance to any person eligible for such assistance under ORS 569.470 and 569.480 shall be an amount equal to, but not exceeding, 50 percent of the actual cost of the eligible person�s weed control project. [Formerly 570.585]

�� 569.480 Eligibility for grants. No person shall be eligible for a cost-share assistance grant under ORS 569.370 and 569.470 to 569.495 unless:

�� (1) A weed control inspector has:

�� (a) Conducted a field inspection of the weed control site;

�� (b) Approved the eligible person�s plan for implementing a weed control project; and

�� (c) Certified that specific expenditures are appropriate for implementation of the project.

�� (2) The eligible person has made certified expenditures for the purpose of implementing an approved weed control project. Adequate proof of such expenditures shall consist of:

�� (a) Receipts, invoices or other evidence indicating the amount and cost of the project; and

�� (b) Such other weed control information as the county court or commission may require. [Formerly

ORS 570.520

570.520]

�� 569.375 Notice of district creation and weeds to be controlled. The county court shall, upon declaring a weed control district or districts, cause to be published an official notice describing each district and naming weeds to be destroyed and to be prevented from producing seed within the districts. The notice shall be published in a newspaper or newspapers, not exceeding three in number, serving the districts, in two consecutive issues if weekly, or two times at intervals of one week if daily or semiweekly. Immediately after the last publication of the official notice, the provisions of ORS 569.360 to 569.495 shall be enforced. [Formerly 570.525]

�� 569.380 Weed inspector right of entry; service of notice to eradicate weeds; department or district control measures. (1) The weed inspector shall have access to the land within the district.

�� (2) When the provisions of ORS 569.360 to 569.495 are not being complied with, the weed inspector shall serve a written notice to the owner or occupant of the land. When the weed inspector is unable to serve the notice personally, the weed inspector shall post the notice and two copies thereof in three conspicuous places on the land. The notice shall contain:

�� (a) The date of service or posting of notice.

�� (b) The name of the weed or weeds growing on the land, and a statement setting forth that the weeds must be destroyed or must be prevented from producing seed within a specified time of not less than two days or more than 20 days, to be established by the inspector, from the date of service of the notice.

�� (3) The service of notice as provided in subsection (2) of this section imposes a requirement on the owner or occupant of the land to destroy or prevent the weeds from seeding or spreading during the continuation of ownership or occupancy of the land or until the district is dissolved. A copy of the notice, together with proof of service indorsed thereon, shall be filed with the county court.

�� (4) Notwithstanding subsections (2) and (3) of this section, ORS 569.370 or

ORS 59.025

59.025 (1);

�� (I) A federal covered investment adviser in compliance with ORS 59.165 (7);

�� (J) A person, advising others, that has no place of business in this state and during the preceding 12-month period has had fewer than six clients, other than those persons included in subparagraph (F) of this paragraph, who are residents of this state; or

�� (K) Such other persons as the director may by rule or order designate. [1967 c.537 �3; 1971 c.624 �1; 1971 c.641 �1; 1973 c.366 �1; 1975 c.491 �1; 1985 c.349 �1; 1987 c.414 ��69, 69a; 1987 c.603 �1; 1989 c.197 �1; 1991 c.5 �18; 1993 c.158 �1; 1993 c.508 �27; 1993 c.744 �13; 1995 c.93 �26; 1995 c.622 �11; 1997 c.631 �375; 1997 c.772 �1; 1999 c.53 �1; 1999 c.315 �1; 2001 c.104 �14; 2001 c.377 �39a; 2003 c.270 �1; 2007 c.393 �1; 2009 c.259 �20]

�� 59.020 [Repealed by 1967 c.537 �36]

�� 59.025 Securities exempt from registration. The following securities are exempt from ORS 59.049 and 59.055:

�� (1)(a) A security issued or guaranteed by the United States or a state, or by a political subdivision, agency or other instrumentality of the United States or a state.

�� (b) Any other security offered in connection with or as part of a security described in paragraph (a) of this subsection, if the security cannot be severed and sold separately from the security in paragraph (a) of this subsection.

�� (2) A security issued or guaranteed by a foreign government with which the United States is at the time of the sale maintaining diplomatic relations, or by a state, province or political subdivision of the foreign government that has the power of taxation or assessment, if the foreign government, state, province or political subdivision recognizes the security as a valid obligation.

�� (3) A security that represents an interest in or a direct obligation of, or is guaranteed by, a national bank, a federal savings and loan association, a federal credit union, a federal land bank or joint stock land bank or a national farm loan association.

�� (4) Any of the following securities:

�� (a) A security that, at the time the security is issued, is listed or approved for listing on the New York Stock Exchange, the American Stock Exchange, the Midwest Stock Exchange, the Pacific Stock Exchange or any other exchange that the Director of the Department of Consumer and Business Services recognizes by rule;

�� (b) A security that the NASDAQ Stock Market, NASDAQ Options Market or NASDAQ OMX Futures Exchange has designated or approved for designation at the time the security was issued;

�� (c) Any other security issued by a person or entity that issues a security listed or designated under paragraph (a) or (b) of this subsection, if the other security is of senior or substantially equal rank to the listed or designated security;

�� (d) A security issuable under rights or warrants listed or approved under paragraph (a), (b) or (c) of this subsection; or

�� (e) A warrant or right to purchase or subscribe to any security described in paragraph (a), (b), (c) or (d) of this subsection.

�� (5) A security that maintains a rating that the director approves in a recognized securities manual.

�� (6) A security that represents an interest in or a direct obligation of, and that has been or will be issued by, a bank, trust company, savings and loan association or credit union and that is subject to the examination, supervision and control of a regulatory agency of this state.

�� (7) Commercial paper issued, given or acquired in a bona fide way in the ordinary course of legitimate business, trade or commerce, if the commercial paper is not made the subject of a public offering.

�� (8) A security, the issuance of which the Public Utility Commission authorizes, supervises, regulates or controls, if the Public Utility Commission directly or indirectly supervises, regulates or controls the person or entity that issues the security.

�� (9) Stock or membership certificates that an agricultural cooperative corporation or irrigation association issues, if the agricultural cooperative corporation or irrigation association issues the stock or membership certificate as evidence of membership in the cooperative or association, as a patronage dividend or as evidence of a member�s or a patron�s respective interests in reserves or patronage dividends. This exemption does not apply to a cooperative or association that expects to engage in or is engaged in producing, processing or marketing forest products.

�� (10) Stock or membership certificates that a fishing cooperative corporation issues to members of the fishing cooperative corporation either for the purpose of showing membership or for the purpose of showing the members� respective interests in reserves or patronage dividends. For purposes of this subsection, a fishing cooperative corporation is an association of persons engaged commercially in harvesting, marketing or processing products of aquatic life from fresh and salt water, that is formed or operated under ORS chapter 62 with the purpose of commercially harvesting, marketing or processing such products or engaging in group bargaining with respect to the sale of such products.

�� (11) Stock or membership certificates issued by an association of consumers that is formed or operated under ORS chapter 62 with the purpose of providing groceries to the association�s members, if the association issues the stock or certificates to members either for the purpose of showing membership in the association or for the purpose of showing the members� respective interests in patronage dividends or reserves. For purposes of the exemption under this subsection:

�� (a) The price of stock or a membership certificate may not exceed $300.

�� (b) The benefits must be limited to discounts on purchases or patronage dividends, or any combination of discounts and dividends.

�� (c) The association may issue only one stock or membership certificate to an individual.

�� (12) Subject to conditions that the director adopts by rule, stock or membership certificates that a renewable energy cooperative corporation issues to members of the cooperative corporation, if the cooperative corporation issues the stock or certificates to members either to show membership in the cooperative corporation or to show the members� respective interests in or entitlement to assets, reserves or dividends. For the purpose of this subsection, a renewable energy cooperative corporation is an association of persons that is organized as a cooperative corporation under ORS chapter 62 with the purpose of developing and operating facilities to generate electricity from renewable energy resources, as defined in ORS 757.600 (27)(a), (c) and (d), or from a type of energy listed in ORS 469A.025 (1)(c).

�� (13) Any security issued in connection with an employee stock purchase, savings, pension, profit sharing or similar employee benefit plan, provided that:

�� (a) The plan meets the requirements for qualification under section 401 of the Internal Revenue Code of 1986; and

�� (b) The terms of the plan are fair, just and equitable to employees under rules of the director.

�� (14) Any security issued by a person that is:

�� (a) Organized and operated exclusively for a religious, educational, benevolent, fraternal, charitable or reformatory purpose and not for pecuniary profit;

�� (b) Organized or constituted so that the person�s net earnings do not inure to the benefit of any person, private stockholder, or individual; and

�� (c) Designated by rule of the director.

�� (15) Any other security the director exempts by rule. [1967 c.537 �4; 1969 c.688 �1; 1973 c.428 �9; 1975 c.491 �2; 1985 c.193 �1; 1985 c.349 �2a; 1987 c.603 �1a; 1987 c.677 �9; 1989 c.171 �6; 1989 c.197 �2; 1991 c.67 �10; 1993 c.18 �14; 1997 c.772 �2; 2014 c.69 �1; 2023 c.529 �10]

�� 59.030 [Repealed by 1967 c.537 �36]

�� 59.035 Transactions exempt from registration. The following transactions are exempt from ORS 59.049 and 59.055 if they are not part of an attempt to evade fraudulently any provision of the Oregon Securities Law:

�� (1) Any transaction by a sheriff, marshal or court appointed fiduciary.

�� (2) An isolated nonissuer transaction in this state, whether effected through a broker-dealer or not.

�� (3) Any transaction by an issuer in its securities pursuant to a pro rata offering to its existing security holders, if:

�� (a) No commission or remuneration, other than a standby fee, is paid or given directly or indirectly in connection with the transaction; and

�� (b) The issuer has not had an effective registration under the Oregon Securities Law nor has used this exemption within one year prior to the date of the offering or sale.

�� (4) Any offer, sale, transfer or delivery of securities to a bank, savings institution, trust company, insurance company, investment company, pension or profit-sharing trust, or other financial institution or institutional buyer (including but not limited to the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Administration, the United States Department of Veterans Affairs and the Government National Mortgage Association), or to a broker-dealer, mortgage broker or mortgage banker, whether the purchaser is acting for itself or in a fiduciary capacity when the purchaser has discretionary authority to make investment decisions.

�� (5) Any transaction by an offeror with an accredited investor as defined in section 2 (15)(i) or (ii) of the Securities Act of 1933, as amended, or rules of the Director of the Department of Consumer and Business Services, but only if there is no public advertising or general solicitation in connection with the transaction.

�� (6) The issue and delivery of any security in exchange for any other security of the same issuer pursuant to a right of conversion entitling the holder of the security surrendered in exchange to make the conversion without the payment of additional consideration, if the security surrendered was, when issued, convertible and registered or exempt from registration.

�� (7) Any transaction in a vendor�s interest in a land sale contract, or a bond or note secured by a mortgage or trust deed upon real estate, so long as the entire vendor�s interest or mortgage or trust deed, with all the bonds or notes secured thereby, are sold to a single purchaser, in a single sale.

�� (8) Agency or principal sales by licensed broker-dealers, executed upon customers� orders on any exchange or on the over-the-counter market, but not the solicitation of such orders, where there is no intent to avoid the provisions of the Oregon Securities Law and a public offering is not involved. Such broker-dealers shall keep and maintain, for two years from the date of the order, a record of all the sales executed upon customers� orders, giving the name and address of each customer, the name and identity of the security involved, the dates of the sales, the price paid or received for the security, and the commission or other expenses charged to the customer.

�� (9) The offer or sale by a licensed broker-dealer of any security acquired in the ordinary and usual course of business, when such security is a part of an issue which has been registered in whole or in part, if the offer or sale is made in good faith and not directly or indirectly for the benefit of the issuer or for the promotion of any scheme or enterprise effecting a violation or an evasion of any provisions of the Oregon Securities Law, unless:

�� (a) The registration has been revoked or suspended; or

�� (b) The continued sale of the security has been enjoined.

�� (10) The offer or sale by licensed broker-dealer, acting either as principal or agent, of securities theretofore sold and distributed to the public, if the sale meets the requirements of paragraphs (a), (b) and (c) or (a), (b) and (d) of this subsection:

�� (a) Such securities are sold at prices reasonably related to the current market price thereof at the time of sale, and, if such licensed broker-dealer is acting as agent, the commission collected by such licensed broker-dealer on account of the sale thereof is not in excess of usual and customary commissions collected with respect to securities and transactions having comparable characteristics;

�� (b) Such securities do not constitute an unsold allotment to or subscription by such broker-dealer as a participant in the distribution of such securities by the issuer or by or through an underwriter;

�� (c) The issuer is listed in any recognized securities manual approved by rule by the director, and the listing contains the names of the issuer�s officers and directors, a balance sheet of the issuer as of a date not more than 18 months prior to the date of such sale, and a profit and loss statement for either the fiscal year preceding the date of the balance sheet or the most recent year of operations; and

�� (d) The securities are authorized for quotation on a nationwide automated quotations system approved by rule or order of the director.

�� (11) An offer, but not the sale, of a security meeting either of the following descriptions:

�� (a) A security for which registration statements have been filed under both the Oregon Securities Law and the Securities Act of 1933, as amended, if no stop or refusal order or order under ORS 59.105 is in effect and no public proceeding or examination looking toward such an order is pending. However, an offer for such a security may not be accepted until the securities have been registered as provided in the Oregon Securities Law.

�� (b) A security for which a registration statement has been filed under the Oregon Securities Law and the offer is allowed by the director. However, an offer for such a security may not be accepted until the securities have been registered as provided in the Oregon Securities Law.

�� (12)(a) Any transactions in securities by an offeror within or without this state that meet all of the requirements of subparagraph (A) or (B) of this paragraph and all of the requirements of subparagraphs (C), (D) and (E) of this paragraph:

�� (A) When the offeror is an issuer, the transactions result in not more than 10 purchasers within this state of securities of the issuer during any 12 consecutive months.

�� (B) When the offeror is a nonissuer the securities must have been bought and held for at least 12 consecutive months and the transactions result in not more than 10 purchasers within this state of securities from the nonissuer during any 12 consecutive months.

�� (C) No commission or other remuneration is paid or given directly or indirectly in connection with the offer or sale of the securities.

�� (D) No public advertising or general solicitation is used in connection with any transaction under this exemption.

�� (E) At the time of any transaction under this exemption the offeror does not have under the Oregon Securities Law an application for registration or an effective registration of securities which are part of the same offering.

�� (b) In connection with transactions under paragraph (a) of this subsection:

�� (A) Purchasers of securities of the offeror registered under ORS 59.065, exempt under ORS 59.025, exempt under any other subsection of this section, or for which a notice has been filed under ORS 59.049, are not counted as purchasers under this exemption.

�� (B) Repeat transactions with persons who are counted as purchasers within Oregon under paragraph (a) of this subsection do not increase the number of purchasers. However, a purchaser remains a purchaser for 12 months following the month of the last sale to that purchaser.

�� (C) No limitations are placed on the number of transactions or purchasers without this state. No limitations are placed on the number of offers under this exemption.

�� (13) A transaction with security holders, pursuant to a statutory vote by such security holders on a merger, consolidation, partial or complete liquidation, reclassification of securities, plan of exchange or sale of assets, in consideration of the issuance of securities of another issuer.

�� (14) Capital stock issued by a professional corporation organized under ORS chapter 58.

�� (15) Any other transaction exempted by rule of the director. [1967 c.537 �5; 1971 c.624 �2; 1973 c.823 ��91,156; 1985 c.349 �3; 1987 c.603 �2; 1989 c.197 �3; 1991 c.67 �11; 1997 c.772 �3; 2001 c.32 �1]

�� 59.045 Authority of director to deny, withdraw or condition exemptions. (1) The Director of the Department of Consumer and Business Services may by rule or order, as to any security or any type of security transaction:

�� (a) Deny, withdraw or condition the exemptions allowed by ORS 59.025 and 59.035 if, in the director�s opinion, the further sale of the security in this state would work a fraud or imposition upon the purchaser.

�� (b) Waive the conditions of ORS 59.035 (3)(b) and (12)(a)(B).

�� (c) Provide which exemptions may or may not be used in connection with other exemptions or provide procedures for determining which offerings are or are not integrated with other offerings within the same or other exemptions.

�� (2) The director may by order withdraw, condition or deny the use of any exemption by a person if the director has reason to believe that the person has engaged in or is about to engage in an act or practice constituting a violation of the Oregon Securities Law or that the use of any exemption by that person would work a fraud or imposition on purchasers.

�� (3) No person shall be liable under the Oregon Securities Law by reason of the withdrawal of an exemption under this section if that person sustains the burden of proof that that person did not know, and in the exercise of reasonable care could not have known of the withdrawal. [1967 c.537 �6; 1973 c.366 �3; 1985 c.349 �4]

�� 59.047 [1981 c.292 �2; 1985 c.349 �5; repealed by 1987 c.603 �30]

�� 59.049 Federal covered securities exempt from registration; notice filings; fees; rules. Federal covered securities may be offered and sold in this state without registration, subject to the following:

�� (1) Unless otherwise exempt from registration under ORS 59.025 or 59.035, any federal covered security that is subject to section 18(b)(2) of the Securities Act of 1933, as amended, may be offered and sold only upon a filing of a notice with, and the payment of the required fee to, the Director of the Department of Consumer and Business Services. In lieu of the notice, an issuer may file a copy of its registration statement as filed with the Securities and Exchange Commission together with fees required under this subsection. The form of notice shall be prescribed by the director. The director shall set the amount of the fee by rule. The fee is not refundable. The effective date of the notice is the later of the date the notice is received by the director or the date specified by the filer of the notice.

�� (2) Unless otherwise exempt from registration under ORS 59.025 or 59.035, any federal covered security that is subject to section 18(b)(3) or (4), other than section 18(b)(4)(D), of the Securities Act of 1933, as amended, may be offered and sold only upon a filing of a notice with, and the payment of the required fee to, the director. The form of notice shall be prescribed by the director. The director shall set the fee by rule in an amount per $1,000 of the aggregate price of the securities which are to be offered in this state. The fee is not refundable. The effective date of the notice is the later of the date the notice is received by the director or the date specified by the filer of the notice.

�� (3) Unless otherwise exempt from registration under ORS 59.025 or 59.035, any federal covered security that is subject to section 18(b)(4)(D) of the Securities Act of 1933, as amended, may be offered and sold only upon a filing of a notice with, and the payment of the required fee to, the director, not later than 15 days after the first sale of such federal covered security in this state. The notice shall be filed on Securities and Exchange Commission Form D or on a form of notice prescribed by the director. The director shall set the fee by rule in an amount per $1,000 of the aggregate price of the securities which are to be offered in this state. The fee is not refundable. The effective date of the notice is the later of the date the notice is received by the director or the date specified by the filer of the notice.

�� (4)(a) The director shall set the fees described in subsections (1) to (3) of this section in an amount that the director determines is equal as nearly as possible to the national midpoint for similar fees charged by all other state regulatory agencies within the United States responsible for regulating securities.

�� (b) The director may adjust the amount of a fee described in subsections (1) to (3) of this section every two years to reflect changes in the national midpoint for a similar fee.

�� (c) In determining the national midpoint for similar fees under this section, the director may consider national midpoints determined by the North American Securities Administrators Association, the National Association of Securities Dealers or the United States Securities and Exchange Commission.

�� (5) The director may issue an order suspending the offer and sale of a federal covered security if the director finds that there is a failure to comply with any requirement under this section.

�� (6)(a) The filer of a notice under subsections (1) to (3) of this section shall amend the notice when there is a change in the name of the offering or, in the case of offerings for which notice is filed pursuant to subsection (2) or (3) of this section, when there is an increase in the aggregate price of the securities which are to be offered in this state. There is no fee required for an amendment that does not increase the aggregate offering amount. Notices amending the aggregate offering amount shall include the fee calculated in accordance with subsection (2) or (3) of this section, less amounts previously paid under the prior notice filing, but the fee may not be less than $100. The fee is not refundable.

�� (b) If an issuer or person sells federal covered securities in this state for a price in excess of the aggregate price for which fees were initially paid under this section, the seller shall pay a fee of three times the difference between the initial fee paid and the fee required under this section for the federal covered securities sold in this state. The additional fee may not be less than $100. The fee is not refundable.

�� (7) The director, by rule or otherwise, may waive any or all of the provisions of this section. [1997 c.772 �6; 2001 c.104 �15; 2003 c.270 �2; 2003 c.785 �1]

�� 59.050 [1981 c.292 �3; 1985 c.349 �6; repealed by 1987 c.603 �30]

�� 59.051 Statutory references to federal law. References in ORS 59.005 to 59.505, 59.991 and 59.995 to federal statutes or federal regulations shall be construed to refer to those statutes or regulations as they are in effect on April 19, 1999. [1999 c.53 �8]

�� 59.052 [1981 c.292 �4; 1985 c.349 �7; repealed by 1987 c.603 �30]

(Registration of Securities)

�� 59.055 Conditions of offer and sale of securities. It is unlawful for any person to offer or sell any security in this state, unless:

�� (1) The security is registered and the offer or sale is not in violation of any rule or order of the Director of the Department of Consumer and Business Services or any condition, limitation or restriction imposed by the director upon such registration;

�� (2) The security is exempt under ORS 59.025 or the sale is exempt under ORS 59.035; or

�� (3) The security is a federal covered security for which a notice has been filed and fees have been paid under ORS 59.049. [1967 c.537 �7; 1997 c.772 �4]

�� 59.065 Registration procedures; application; fees; rules. (1) The Director of the Department of Consumer and Business Services by rule shall establish procedures for registering securities. The director may coordinate registration in this state with any federal securities Act or national registration system.

�� (2) Every registration application submitted shall be accompanied by a fee. The director shall set the fee by rule in an amount per $1,000 of the aggregate price of the securities that are to be offered in this state. The fee is not refundable.

�� (3)(a) The director shall set the fee described in subsection (2) of this section in an amount that the director determines is equal as nearly as possible to the national midpoint for similar fees charged by all other state regulatory agencies within the United States responsible for regulating securities.

�� (b) The director may adjust the amount of the fee described in subsection (2) of this section every two years to reflect changes in the national midpoint for a similar fee.

�� (4) If a registrant sells securities in Oregon in excess of the quantity registered or for a price in excess of the aggregate price for which fees were initially paid, the registrant may obtain registration of the excess securities by paying three times the difference between the initial fee paid and the fee required under subsection (2) of this section for the securities sold in Oregon. The additional fee may not be less than $100. Registration of the excess securities shall be effective retroactively to the date of sale. [1967 c.537 �8; 1973 c.366 �4; 1985 c.349 �8; 1987 c.603 �3; 1997 c.772 �7; 2003 c.270 �3; 2003 c.785 �2]

�� 59.070 Amended registration application; when required; fees. (1) A registrant under ORS 59.065 shall amend the registration application submitted under ORS 59.065 when there are material changes in the terms and conditions of the original registration. �Material changes in the terms and conditions of the original registration� includes an increase in the aggregate amount of securities to be offered in Oregon, change in the type of securities or change in the identity of the issuer or owner.

�� (2) Applications for an amendment to increase the aggregate amount of securities to be offered in Oregon shall include the fee calculated in accordance with ORS 59.065 (2), less amounts previously paid under the prior registration. The fee may not be less than $100.

�� (3) This section does not relieve a registrant from the obligation to notify the director concerning material changes in facts and circumstances concerning the offering. [1985 c.349 �10; 1987 c.603 �4; 2003 c.785 �3]

�� 59.075 Registration by director; expiration; renewal; fee; rules. (1) The Director of the Department of Consumer and Business Services shall register the securities unless the director finds that registration should be denied on one or more of the grounds specified in ORS 59.105. The securities may thereafter be sold in accordance with the registration and any conditions, limitations or restrictions imposed by the director.

�� (2) Every registration of securities and every notice filed under ORS 59.049 shall expire one year after the date of the registration or effective date of the notice. The director may establish a different expiration date for purposes of coordination with any national registration or notice filing system. When a registration or notice filing is amended, the registration or notice filing expires one year after the date of the initial registration or effective date of the notice filing unless the amended registration or notice filing provides otherwise.

�� (3) The director by rule shall establish procedures for renewing registrations of securities and notice filings.

�� (4) Every renewal application and every renewal of a notice filing shall be accompanied by a fee computed in accordance with ORS 59.049 or ORS 59.065 (2), as applicable. The fee is not refundable.

�� (5) If the director finds that no ground for suspension or revocation of the registration exists under ORS 59.105, the director shall renew the registration, subject to any conditions, limitations and restrictions imposed by the director. The renewed registration or notice filing shall expire one year after the date of expiration of the original registration, or effective date of the notice filing or last renewal thereof. The director may establish a different expiration date for purposes of coordination with any national registration or notice filing system. [1967 c.537 �9; 1985 c.349 �12; 1987 c.603 �5; 1997 c.772 �8]

�� 59.078 [1973 c.366 �8; repealed by 1987 c.603 �30]

�� 59.085 Conditions imposed on registration. The Director of the Department of Consumer and Business Services may, by rule or order, impose on a registration such conditions, limitations and restrictions as the director deems appropriate to make the issue fair, just and equitable, including the following:

�� (1) That a prospectus containing any designated part of the information submitted in connection with registration be sent or given to each person to whom a security is offered or sold.

�� (2) That the security be sold only on a specified form of subscription or sale contract and that a signed or conformed copy of each contract be filed with the director or preserved for a period up to three years specified in the rule or order.

�� (3) That any of the following be deposited in escrow on terms approved by the director:

�� (a) Any security issued or to be issued for a consideration substantially different from the public offering price or for a consideration other than cash.

�� (b) The proceeds from the sale of the security until the issuer receives an amount specified by the director. [1967 c.537 �10]

�� 59.095 Approval of plan to issue securities in exchange for other securities, claims or property. (1) The proponents of a plan pursuant to which a security is to be issued in exchange for one or more bona fide outstanding securities, claims or property interests, or partly in such exchange and partly for cash, except a security the issuance of which is under supervision, regulation or control by the Public Utility Commission of this state, may request approval of such plan by the Director of the Department of Consumer and Business Services.

�� (2) The request for approval shall be made by filing a registration statement, as provided in ORS 59.065, with a detailed statement of the plan. The director shall set the plan down for hearing and require the proponents of the plan to give notice of the hearing to all persons to whom securities are to be issued in such exchange. All such persons shall have the right to appear at the hearing.

�� (3) The director shall, after the hearing, consider the fairness of the terms and conditions of the plan, and, if the director finds that the plan is fair, just and equitable and free from fraud, shall approve it, subject to such conditions, limitations and restrictions as the director may impose. If the director finds that the plan is unfair, unjust or inequitable or not free from fraud, the director shall deny the request, and give notice of the denial, at the expense of the proponents, to all persons who were entitled to receive or received notice of the hearing. [1967 c.537 �11]

�� 59.105 Denial, suspension or revocation of registration. (1) Except as provided in subsection (2) of this section, the Director of the Department of Consumer and Business Services may by order deny, suspend or revoke any registration, if the director finds that:

�� (a) The proposed plan of business of the issuer, the characteristics and terms of sale of the securities to be sold, or the proposed methods of sale and distribution are unfair, unjust or inequitable;

�� (b) The issuer is insolvent or in unsound financial condition;

�� (c) The applicant, registrant or issuer has violated any of the provisions of the Oregon Securities Law, or any rule or order of the director of which the applicant, registrant or issuer had notice;

�� (d) The applicant, registrant or issuer has been or is engaged or is about to engage in dishonest or fraudulent conduct with regard to securities;

�� (e) The applicant, registrant, or issuer has been convicted of a misdemeanor, an essential element of which is fraud, or of a felony;

�� (f) The applicant, registrant or issuer has knowingly made or caused to be made to the director any false representation of a material fact, or has suppressed or withheld from the director any material information;

�� (g) The applicant, registrant or issuer has refused to permit an examination to be made by the director, or has failed to file any report, including any certified financial report, or furnish any information required by the director in connection with the Oregon Securities Law; or

�� (h) Unreasonable amounts or kinds of commissions or other remunerations, promoter�s profits or participation or unreasonable options have been or are to be given or allowed directly or indirectly in connection with the sale or distribution of the securities.

�� (2) The director may enter an order against the applicant, registrant or issuer under subsection (1) of this section if any partner, officer or director of an applicant, registrant or issuer, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling the applicant, registrant or issuer has been guilty of any act or omission which would be cause for denying, suspending or revoking the registration of an individual applicant, registrant or issuer, except:

�� (a) This subsection shall not apply to subsection (1)(a) and (b) of this section.

�� (b) The director may not enter an order suspending or revoking a registration under this subsection, pursuant to subsection (1)(e) of this section, without 10 days� prior written notice to the registrant. [1967 c.537 �12; 1989 c.197 �4]

�� 59.110 [Amended by 1953 c.690 �3; 1955 c.201 �1; 1957 c.47 �1; 1963 c.244 �1; 1965 c.241 �2; repealed by 1967 c.537 �36]

�� 59.115 Liability in connection with sale or successful solicitation of sale of securities; recovery by purchaser; limitations on proceeding; attorney fees. (1) A person is liable as provided in subsection (2) of this section to a purchaser of a security if the person:

�� (a) Sells or successfully solicits the sale of a security, other than a federal covered security, in violation of the Oregon Securities Law or of any condition, limitation or restriction imposed upon a registration or license under the Oregon Securities Law; or

�� (b) Sells or successfully solicits the sale of a security in violation of ORS 59.135 (1) or (3) or by means of an untrue statement of a material fact or an omission to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading (the buyer not knowing of the untruth or omission), and who does not sustain the burden of proof that the person did not know, and in the exercise of reasonable care could not have known, of the untruth or omission.

�� (2) The purchaser may recover:

�� (a) Upon tender of the security, the consideration paid for the security, and interest from the date of payment equal to the greater of the rate of interest specified in ORS

ORS 59.049

59.049. [1975 c.300 �3; 1985 c.349 �15; 1987 c.603 �8; 1997 c.772 �12; 2003 c.576 �320]

�� 59.135 Fraud and deceit with respect to securities or securities business. It is unlawful for any person, directly or indirectly, in connection with the purchase or sale of any security or the conduct of a securities business or for any person who receives any consideration from another person primarily for advising the other person as to the value of securities or their purchase or sale, whether through the issuance of analyses or reports or otherwise:

�� (1) To employ any device, scheme or artifice to defraud;

�� (2) To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading;

�� (3) To engage in any act, practice or course of business which operates or would operate as a fraud or deceit upon any person; or

�� (4) To make or file, or cause to be made or filed, to or with the Director of the Department of Consumer and Business Services any statement, report or document which is known to be false in any material respect or matter. [1967 c.537 �14]

�� 59.137 Liability in connection with violation of ORS 59.135; damages; defense; attorney fees; limitations on proceeding. (1) Any person who violates or materially aids in a violation of ORS 59.135 (1), (2) or (3) is liable to any purchaser or seller of the security for the actual damages caused by the violation, including the amount of any commission, fee or other remuneration paid, together with interest at the rate specified in ORS 82.010 for judgments for the payment of money, unless the person who materially aids in the violation sustains the burden of proof that the person did not know and, in the exercise of reasonable care, could not have known of the existence of the facts on which the liability is based.

�� (2) Any person who directly or indirectly controls a person liable under subsection (1) of this section and every partner, limited liability company manager, including a member who is a manager, officer or director or a person occupying a status or performing functions of a person liable under subsection (1) of this section, is jointly and severally liable to the same extent as a person liable under subsection (1) of this section, unless the person who may be liable under this subsection sustains the burden of proof that the person did not know and, in the exercise of reasonable care, could not have known of the existence of the facts on which the liability is based.

�� (3) Any person held liable under this section is entitled to contribution from those persons jointly and severally liable with that person.

�� (4) Except as provided in subsection (5) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.

�� (5) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (4) of this section if the action under this section is maintained as a class action pursuant to ORCP 32.

�� (6) An action or suit may be commenced under this section within the later of:

�� (a) Three years after the date of the purchase or sale of a security to which the action or suit relates; or

�� (b) Two years after the person bringing the action or suit discovered or should have discovered the facts on which the action or suit is based.

�� (7) Failure to commence an action or suit under this section on a timely basis is an affirmative defense. [2003 c.631 �4; 2003 c.786 �3]

�� 59.140 [Repealed by 1967 c.537 �36]

�� 59.145 Effect of notice filing, registration or license. (1) Neither the fact that a notice filing or an application for registration or a license under the Oregon Securities Law has been filed nor the fact that a person is effectively licensed or a security is effectively registered constitutes a finding by the Director of the Department of Consumer and Business Services that any document filed under the Oregon Securities Law is true, complete and not misleading. Neither such fact nor the fact that an exemption or exception is available for a security or a transaction means that the director has passed in any way upon the merits or qualifications of, or recommended or given approval to, any person, security or transaction.

�� (2) It is unlawful to make, or cause to be made, to a prospective purchaser, customer or client a representation inconsistent with subsection (1) of this section. [1967 c.537 �15; 1989 c.197 �6; 1997 c.772 �13]

�� 59.150 [Amended by 1957 c.45 �1; repealed by 1967 c.537 �36]

�� 59.155 Director is agent for service of process; manner of service; exceptions. (1) The Director of the Department of Consumer and Business Services shall be an agent for the following persons upon whom may be served at any time any process, notice or demand in a civil proceeding under the Oregon Securities Law, including a proceeding brought by the director:

�� (a) Every licensee or registrant or applicant for a license or registration of a security, every person who files a notice under ORS 59.049 or 59.175, and every person who offers or sells a security in this state, directly or indirectly, unless the security or the sale is exempt from ORS 59.055; and

�� (b) Every person, a resident or nonresident of this state, who has engaged in conduct prohibited or made actionable under the Oregon Securities Law.

�� (2) Service shall be made by:

�� (a) Serving the director or a clerk on duty at the Department of Consumer and Business Services a copy of the process, notice or demand, with any papers required by law to be delivered in connection with the service, or by mailing to the department a copy of the process, notice or demand by certified or registered mail, and a $2 fee for each party being served;

�� (b) Transmittal by the person instituting the proceeding of notice of the service on the director and one copy of the process, notice or demand and accompanying papers to the person being served by certified mail:

�� (A) At such person�s address, if any, as shown by the records of the director; and

�� (B) At such address the use of which the person initiating the proceedings knows or on the basis of reasonable inquiry has reason to believe is most likely to result in actual notice; and

�� (c) Filing with the appropriate court or other body, as part of the return of service, of the return receipt of mailing and an affidavit of the person initiating the proceedings that this section has been complied with.

�� (3) The procedure permitted by this section shall not be available when personal jurisdiction can otherwise be obtained in this state.

�� (4) After completion of initial service upon the director, no additional documents need be served upon the director to maintain jurisdiction in the same proceeding or to give notice of any motion or provisional process. [1967 c.537 �16; 1987 c.603 �9; 1989 c.197 �7; 1997 c.772 �14]

�� 59.160 [Repealed by 1967 c.537 �36]

(Licensing of Broker-Dealers, Investment Advisers and Salespersons)

�� 59.165 Licensing of broker-dealers, investment advisers and salespersons required; rules. (1) It is unlawful for any person to transact business in this state as a broker-dealer or salesperson unless the person is licensed under the Oregon Securities Law.

�� (2) A broker-dealer or state investment adviser may not be licensed in this state unless the broker-dealer or state investment adviser has at least one salesperson licensed in this state.

�� (3) It is unlawful for a broker-dealer or issuer or owner of securities to employ a salesperson to act in this state unless the salesperson is licensed under the Oregon Securities Law to the broker-dealer or issuer or owner of securities. Only a natural person may be licensed as a salesperson.

�� (4) It is unlawful for:

�� (a) A state investment adviser to employ an investment adviser representative in this state unless the investment adviser representative is licensed under the Oregon Securities Law to the state investment adviser;

�� (b) A federal covered investment adviser to employ an investment adviser representative who has a place of business in this state to act in this state unless the investment adviser representative is licensed under the Oregon Securities Law to the federal covered investment adviser; or

�� (c) An individual, except as otherwise provided in subsection (8) of this section, to transact business in this state as an investment adviser representative unless the individual is licensed as an investment adviser representative. Only a natural person may be licensed as an investment adviser representative.

�� (5) A person may not be licensed as:

�� (a) A salesperson or investment adviser representative for more than one broker-dealer, federal covered investment adviser, state investment adviser or issuer or owner of securities at the same time, except as may be allowed by rule or order of the Director of the Department of Consumer and Business Services.

�� (b) A salesperson or investment adviser representative unless the person is employed by a broker-dealer, federal covered investment adviser, state investment adviser or issuer or owner of securities.

�� (6) It is unlawful for any person to transact business in this state as a state investment adviser unless the person:

�� (a) Is licensed as such under the Oregon Securities Law; or

�� (b) Is licensed as a broker-dealer without the imposition of a condition under ORS 59.215 (4).

�� (7) Except for federal covered investment advisers whose activities are described by ORS

ORS 59.165

59.165 (7). [1967 c.537 �23; 1971 c.394 �1; 1975 c.300 �4; 1981 c.897 �10; 1985 c.349 �26; 1995 c.696 �11; 1997 c.772 �23; 1999 c.53 �4; 1999 c.315 �3; 2003 c.631 �5; 2017 c.313 �3]

�� 59.260 [Repealed by 1967 c.537 �36]

�� 59.265 Procedure when assets or capital of broker-dealer or investment adviser found impaired; involuntary liquidation. (1) When the Director of the Department of Consumer and Business Services ascertains that the assets or capital of any broker-dealer not otherwise registered under section 15 of the Securities Exchange Act of 1934, as amended, or state investment adviser that has its principal place of business in this state are impaired, or that such person�s affairs are in an unsound condition, the director may take possession of all the property, business and assets of such person located in this state and retain possession of them pending the further proceedings specified in this section. The director shall inventory the assets and liabilities of such person. The director shall file one copy of the inventory in the office of the director and one copy in the office of the clerk of the circuit court of the county in which the principal place of business of such person is located, and shall mail one copy to each shareholder or partner of such person at the last-known address of the shareholder or partner. The clerk of the court shall file the inventory as a pending proceeding and give it a case number.

�� (2) If any person refuses to permit the director to take such possession, the director may apply to the circuit court of the county in which the principal place of business of such person is located for an order appointing a receiver, who may be the director, to take such possession.

�� (3) If the deficiency in assets or capital has not been made good or the unsound condition remedied within 60 days from the date when the director or receiver took possession, the property, business and assets of such person located in this state shall be liquidated. If a receiver has not been appointed, the director shall apply for such appointment by the court in which the inventory was filed. The liquidation shall proceed as provided by law for liquidation of a private corporation in receivership.

�� (4) The expenses of the receiver and compensation of counsel, as well as all expenditures required in the liquidation proceedings, shall be fixed by the director, subject to the approval of the court, and, upon certification by the director, shall be paid out of the funds in the hands of the director as such receiver. [1967 c.537 �24; 1987 c.603 �18; 1993 c.508 �38; 1997 c.772 �24; 2003 c.576 �186]

�� 59.275 Burden of proof. It is not necessary to negative any of the exemptions or classifications provided in the Oregon Securities Law in a complaint, action, information, indictment or other writ or proceeding laid or brought under the Oregon Securities Law; and the burden of proof of an exemption or classification shall be upon the party claiming the benefit of such exemption or classification. [1967 c.537 �25]

�� 59.285 Rules; financial statements. (1) In accordance with this section and ORS chapter 183 the Director of the Department of Consumer and Business Services may from time to time make, amend and rescind such rules as are necessary to carry out the provisions of the Oregon Securities Law. The director may classify securities, persons and matters within the jurisdiction of the director, and prescribe different requirements for different classes.

�� (2) No rule may be made, amended or rescinded unless the director finds that the action is necessary or appropriate in the public interest or for the protection of investors and consistent with the purposes fairly intended by the provisions of the Oregon Securities Law.

�� (3) Except as provided in subsection (4) of this section, all financial statements required by the Oregon Securities Law shall be prepared in accordance with generally accepted accounting principles. The director may by rule prescribe:

�� (a) The form and content of financial statements required under the Oregon Securities Law;

�� (b) The circumstances under which consolidated financial statements shall be filed; and

�� (c) Whether any required financial statements shall be certified by independent or certified public accountants.

�� (4) Subsection (3) of this section does not apply to any broker-dealer that is subject to the financial reporting requirements of the Securities Exchange Act of 1934, as amended, to any federal covered investment adviser or to any state investment adviser that has its principal place of business outside this state and is registered with the state in which the state investment adviser�s principal place of business is located. [1967 c.537 �28; 1987 c.603 �19; 1997 c.772 �25]

�� 59.295 Notice of orders; hearings on orders. (1) Except as provided in ORS 183.745, upon the entry of an order under the Oregon Securities Law, the Director of the Department of Consumer and Business Services shall promptly give appropriate notice of the order as provided in this subsection. The notice shall state that a hearing will be held on the order if a written demand for hearing is filed with the director within 20 days after the date of service of the order. The notice shall be given to:

�� (a) The issuer and applicant or registrant affected thereby with respect to orders entered pursuant to ORS 59.085 and 59.105;

�� (b) The applicant or licensee and any investment adviser representative or salesperson affected thereby with respect to orders entered pursuant to ORS 59.205; or

�� (c) All interested persons with respect to orders entered pursuant to any other provision of the Oregon Securities Law, except ORS 59.095.

�� (2) If timely demand for a hearing is filed by a person entitled to notice of the order, the director shall hold a hearing on the order as provided by ORS chapter 183. In the absence of a timely demand for a hearing, no person shall be entitled to judicial review of the order.

�� (3) After the hearing, the director shall enter a final order vacating, modifying or affirming the order.

�� (4) The director may enter a final order revoking a license or registration notwithstanding the fact that the license or registration has expired, if the initial order of revocation was issued prior to expiration of the license or registration. [1967 c.537 �26; 1985 c.349 �27; 1987 c.603 �22; 1989 c.197 �16; 1991 c.734 �2d; 1997 c.772 �26]

�� 59.305 Judicial review of orders. (1) A person aggrieved by an order of the Director of the Department of Consumer and Business Services which has been the subject of a timely application for hearing before the director shall be entitled to judicial review of the order under ORS chapter 183.

�� (2) A judgment of a reviewing court under ORS chapter 183 may not bar the director from thereafter vacating or modifying an order involved in the proceeding for review, or entering any new order, for a proper cause which was not decided by the reviewing court. [1967 c.537 �27; 2003 c.576 �321]

�� 59.310 [Amended by 1957 c.46 �1; 1961 c.352 �2; 1963 c.244 �6; repealed by 1967 c.537 �36]

�� 59.315 Oaths and subpoenas in proceedings before director. (1) For the purpose of an investigation or proceeding under the Oregon Securities Law, the Director of the Department of Consumer and Business Services may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of books, papers, correspondence, memoranda, agreements or other documents or records which the director deems relevant or material to the inquiry. Each witness who appears before the director under a subpoena shall receive the fees and mileage provided for witnesses in ORS 44.415 (2).

�� (2) If a person fails to comply with a subpoena so issued or a party or witness refuses to testify on any matters, the judge of the circuit court or of any county, on the application of the director, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. [1967 c.537 �29; 1989 c.980 �5a]

�� 59.320 [Amended by 1961 c.352 �3; repealed by 1967 c.537 �36]

�� 59.325 Certified copies of documents; fee; effect of certification. (1) The Director of the Department of Consumer and Business Services shall furnish to any person, upon payment of a fee established by rule, copies (certified if requested) of any document which is a matter of public record. In a proceeding or prosecution under the Oregon Securities Law, a copy so certified shall be prima facie evidence of the contents of the entry or document certified.

�� (2) A certificate of the director as to compliance or noncompliance with licensing or registration provisions of the Oregon Securities Law shall be taken and received in a civil or criminal proceeding in this state as prima facie evidence of the facts stated in the certificate. [1967 c.537 �30; 1987 c.603 �23; 1989 c.197 �17]

�� 59.330 [Amended by 1961 c.280 �6; repealed by 1967 c.537 �36]

(Enforcement by Attorney General)

�� 59.331 Scope of Attorney General powers; consent of director; powers of circuit court; damages, restitution, disgorgement and other penalties. (1) Subject to subsection (2) of this section and after providing notice and an opportunity to participate to the Director of the Department of Consumer and Business Services, the Attorney General may:

�� (a) Make public or private investigations within or outside this state as the Attorney General considers necessary to:

�� (A) Determine whether a person has violated or is about to violate any provision of the Oregon Securities Law or any rule or order of the director adopted or issued under the Oregon Securities Law; or

�� (B) Aid in the enforcement of the Oregon Securities Law or any rule or order of the director adopted or issued under the Oregon Securities Law.

�� (b) Require or permit a person to file a statement in writing, under oath or otherwise as the Attorney General determines, as to all the facts and circumstances concerning a matter to be investigated.

�� (c) Administer oaths and affirmations, subpoena witnesses, compel the attendance of witnesses, take evidence and require the production of books, papers, correspondence, memoranda, agreements or other documents or records that the Attorney General considers relevant or material to an investigation.

�� (d) Bring suit in the name and on behalf of the State of Oregon in the circuit court of any county to:

�� (A) Enjoin any acts or practices the Attorney General has reason to believe that a person has engaged, is engaging or is about to engage in that constitute a violation of any provision of the Oregon Securities Law or any rule or order of the director adopted or issued under the Oregon Securities Law; or

�� (B) Enforce compliance with the Oregon Securities Law or any rule or order of the director adopted or issued under the Oregon Securities Law.

�� (2) The Attorney General may take action under subsection (1) of this section only in connection with any of the following alleged violations or cases:

�� (a) Alleged violations involving companies whose securities are listed on the New York Stock Exchange, the American Stock Exchange or the National Association of Securities Dealers Automated Quotation System, Inc. National Market System;

�� (b) Cases in which the Attorney General is pursuing or intends to pursue an investigation or litigation under ORS 166.715 to 166.735;

�� (c) Cases in which the Attorney General is pursuing or intends to pursue an investigation or litigation under ORS 336.184 and 646.605 to 646.652; or

�� (d) Cases in which the Attorney General is pursuing or intends to pursue an investigation or litigation under ORS 646.705 to 646.805.

�� (3) The Attorney General may take action under subsection (1) of this section with respect to cases described in subsection (2)(b), (c) or (d) of this section only after receiving the director�s consent. The director may elect to be a named party in any action the Attorney General takes.

�� (4) Each witness who appears before the Attorney General under a subpoena issued under this section shall receive the fees and mileage provided for witnesses in ORS 44.415 (2). If a person fails to comply with a subpoena issued under this section or if a party or witness refuses to testify on any matters, the judge of the circuit court of any county, on the application of the Attorney General, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from the court or a refusal to testify in the court.

�� (5) In an action brought under this section, a court:

�� (a) Shall grant a permanent or temporary injunction, restraining order or writ of mandamus upon a proper showing by the Attorney General under subsection (1)(d) of this section.

�� (b) May award reasonable attorney fees to:

�� (A) The Attorney General if the Attorney General prevails in an action under this section.

�� (B) A defendant if the defendant prevails in an action under this section and the court determines that the Attorney General had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court.

�� (6) The Attorney General may include any of the following in an action authorized by this section:

�� (a) A claim for restitution or damages under ORS 59.115, 59.127 or 59.137, on behalf of the persons injured by the act or practice constituting the subject matter of the action. If the court finds that enforcement of the rights of the injured persons by private civil action, whether by class action or otherwise, would be so burdensome or expensive as to be impractical, the court has jurisdiction to award appropriate relief to the injured persons.

�� (b) A claim for disgorgement of illegal gains or profits derived. The Attorney General shall deposit any moneys recovered under this paragraph in the General Fund of the State Treasury unless the court requires other disposition.

�� (c) A claim for the appointment of a receiver of any property derived by means of any act or practice that constitutes a violation of any provision of the Oregon Securities Law or any rule or order of the director adopted or issued under the Oregon Securities Law and of any books of account and papers relating to the property. Property for which a receiver may be appointed includes other property with which the property derived by means of a violation has been commingled if the property cannot be identified in kind because of the commingling. The receiver shall take possession of the property, books and papers and shall liquidate the property for the benefit of all persons who intervene in the action and establish an interest in the property. Subject to the approval of the court, the expenses and attorney fees of the receiver and any expenditures required in the liquidation proceeding shall be paid out of the funds of the receivership. The receiver may be the Attorney General. The court may not require the Attorney General to post a bond.

�� (d) A claim for a fine of not more than $20,000 for each violation. The fine shall be entered as a judgment and paid to the General Fund of the State Treasury. Each violation is a separate offense. In the case of a continuing violation, each day�s continuance is a separate violation, but the maximum penalty for any continuing violation may not exceed $100,000.

�� (7) This section does not apply to:

�� (a) A failure to file a notice and pay a fee under ORS 59.049 (1), (2) or (3);

�� (b) A failure to file a notice and pay a fee under ORS 59.165 (7);

�� (c) A failure to pay a fee under ORS 59.175 (9);

�� (d) A violation of any rule adopted by the director under ORS 59.165 (7); or

�� (e) A company that the director has licensed under ORS 59.165. [2007 c.481 �2; 2017 c.313 �4]

(Miscellaneous Provisions)

�� 59.335 Application of certain sections. (1) ORS 59.055, 59.115, 59.125, 59.145 and 59.165 (1) apply to persons who sell or offer to sell when:

�� (a) An offer to sell is made in this state; or

�� (b) An offer to buy is made and accepted in this state.

�� (2) ORS 59.145 and 59.165 (1) apply to persons who buy or offer to buy when:

�� (a) An offer to buy is made in this state; or

�� (b) An offer to sell is made and accepted in this state.

�� (3) ORS 59.135,

ORS 59.490

59.490 or 59.505; or

�� (3) Delaying a disbursement under ORS 59.495. [2017 c.514 �6]

�� 59.505 Provision of records to law enforcement and certain state agencies. (1) Upon request of the Department of Consumer and Business Services, the Department of Human Services or a law enforcement agency, a broker-dealer or state investment adviser shall provide copies of records related to any suspected financial exploitation of a vulnerable person to the requester. The records may include historical records if relevant to suspected financial exploitation of a vulnerable person.

�� (2) A record made available to an agency under this section is not a public record for purposes of ORS 192.311 to 192.478.

�� (3) Nothing in this section limits the authority of the Department of Consumer and Business Services to access or examine the books and records of broker-dealers and state investment advisers as otherwise provided by law. [2017 c.514 �7]

�� 59.510 [Repealed by 1967 c.537 �36]

�� 59.520 [Repealed by 1967 c.537 �36]

�� 59.530 [Repealed by 1967 c.537 �36]

UNIFORM TOD SECURITY REGISTRATION ACT

�� 59.535 Definitions for ORS 59.535 to 59.585. For the purposes of ORS 59.535 to 59.585, unless the context otherwise requires:

�� (1) �Beneficiary form� means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.

�� (2) �Devisee� means any person designated in a will to receive a disposition of real or personal property.

�� (3) �Heirs� means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent.

�� (4) �Person� means an individual, a corporation, an organization or other legal entity.

�� (5) �Personal representative� includes executor, administrator, successor personal representative, special administrator and persons who perform substantially the same function under the law governing their status.

�� (6) �Property� includes both real and personal property or any interest therein and means anything that may be the subject of ownership.

�� (7) �Register,� including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.

�� (8) �Registering entity� means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.

�� (9) �Security� means a share, participation or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security and a security account.

�� (10) �Security account� means:

�� (a) A reinvestment account associated with a security, a securities account with a broker, cash, cash equivalents, interest, earnings or dividends earned or declared on a security in an account, a reinvestment account or a brokerage account, whether or not credited to the account before the owner�s death;

�� (b) A cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner�s death; or

�� (c) An investment management account, a safekeeping account or a custody account with a financial institution or trust company, as those terms are defined in ORS 706.008, including the securities in the account and cash, cash equivalents, interest, earnings or dividends earned or declared on a security in the account, whether or not credited to the account before the owner�s death.

�� (11) �State� includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico and any territory or possession subject to the legislative authority of the United States. [1991 c.306 �1; 2007 c.514 �1]

�� 59.540 Registration in beneficiary form; sole or joint tenancy ownership. Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form, and not as tenants in common. [1991 c.306 �2]

�� 59.545 Registration in beneficiary form; applicable law. A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity�s principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the law of the state listed as the owner�s address at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law. [1991 c.306 �3]

�� 59.550 Origination of registration in beneficiary form. A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners. [1991 c.306 �4]

�� 59.555 Form of registration in beneficiary form. Registration in beneficiary form may be shown by the words �transfer on death� or the abbreviation �TOD,� or by the words �pay on death� or the abbreviation �POD,� after the name of the registered owner and before the name of a beneficiary. [1991 c.306 �5]

�� 59.560 Effect of registration in beneficiary form. The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner�s death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners without the consent of the beneficiary. [1991 c.306 �6]

�� 59.565 Ownership on death of owner. On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners. [1991 c.306 �7]

�� 59.570 Protection of registering entity. (1) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by ORS 59.535 to 59.585.

�� (2) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in ORS 59.535 to 59.585.

�� (3) A registering entity is discharged from all claims to a security by the estate, creditors, heirs or devisees of a deceased owner if it registers a transfer of the security in accordance with ORS 59.565 and does so in good faith reliance on the registration, on ORS 59.535 to 59.585 and on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary�s representatives, or other information available to the registering entity. The protections of ORS

ORS 599.406

599.406 (3), the State Department of Agriculture shall establish a time, date and place for a public hearing on the application. The hearing shall be held not later than 30 days after receipt by the department of the application for license, but may be delayed upon request by the applicant, and shall be held in a city within the trade area proposed to be served by the applicant or, if requested by the applicant, at the department�s location in Salem, Oregon.

�� (2) The hearing provided for in subsection (1) of this section shall be held in accordance with the provisions of ORS chapter 183 and in addition the department shall:

�� (a) Publish notice of the hearing in a newspaper of general circulation in the trade area proposed to be served by the applicant at least 10 days prior to such hearing.

�� (b) Forward notice of the hearing to all known interested persons and to all known incorporated livestock associations and livestock auction market associations in Oregon.

�� (3) The record of hearing shall contain proof of publication and notice required by subsection (2) of this section. [1971 c.578 �5; 1977 c.214 �8]

�� 599.421 Matters to be considered in granting licenses; change of market ownership; fee exception. (1) In its consideration of the application for license, the State Department of Agriculture shall consider:

�� (a) The ability of the applicant to qualify with the provisions of the federal Packers and Stockyards Act of 1921, 7 U.S.C. 181 to 228, as amended, and effective June 29, 1971.

�� (b) The testimony and evidence adduced at the hearing provided for in ORS 599.416 and the data and information contained in the application required by ORS 599.406.

�� (c) The nature and extent of livestock auction market services already available in the trade area proposed to be served by the applicant, and whether the granting of a license to the applicant would be beneficial or detrimental to the livestock industry and economy in the trade area, or would impair the ability of any other livestock auction market license holders to continue unimpaired service to the trade area.

�� (d) Any record or information relating to the applicant�s prior experience in the operation of a livestock auction market and apparent ability to permanently and continuously serve the trade area in such capacity.

�� (2) An application for license at an existing licensed livestock auction market location that is occasioned solely by a change in the form of ownership or by a transfer of ownership, shall be made upon forms furnished by the department which need only contain the information required in ORS 599.406 (1)(a), (b), (c) and (g), but if applicant�s transferor has altered or remodeled the facilities or if applicant proposes to do so, the application shall also contain the information required in ORS 599.406 (1)(d). The application processing fee required by ORS 599.406 (3) shall not be applicable to an application filed pursuant to this subsection.

�� (3) The application processing fee required by ORS 599.406 (3) shall not be applicable to an application for the reissuance of a license to operate at a livestock auction market location if the application is made within one year after the expiration of the applicant�s license to operate at that location and the expired license was otherwise valid at the time of expiration. [1971 c.578 �6; 1999 c.473 �2]

�� 599.425 [1957 c.390 ��10,11; 1963 c.15 �2; repealed by 1969 c.33 �2]

�� 599.426 Issuance or denial of license; procedure. (1) If the State Department of Agriculture determines the application for license should be granted it shall issue a license. Any order of the department denying the application for license shall be in writing and forwarded to the applicant by certified mail and shall set forth the basis for such denial.

�� (2) Within 30 days of the date of any order of denial of an application the applicant may file a request for reconsideration with the department, supported by any additional facts, information or material which the applicant believes may justify reconsideration of the denial.

�� (3) If a request for reconsideration is filed with the department as provided in subsection (2) of this section, the department shall reconsider the denial and may grant the application, modify or affirm the order of denial, or may order a rehearing. Notice of such departmental action shall be rendered to the applicant within 30 days of receipt of such additional facts, information or data. [1971 c.578 �7]

�� 599.430 [1957 c.390 �12; 1967 c.637 �18; repealed by 1969 c.33 �2]

�� 599.431 Renewal of license; when hearing is required. An application for renewal of a license may be granted by the State Department of Agriculture without a hearing. If in the judgment of the department it would be in the public interest to hold a hearing to determine whether a renewal license should be granted, or upon written request by a member of the board, or if in the judgment of the department the renewal license should not be granted, a hearing shall be held pursuant to ORS

ORS 60.001

60.001. [1983 c.338 �769; 1985 c.16 �368; 1987 c.94 �109; 2003 c.80 �26]

�� 805.320 Application for registration. Application for registration described under ORS 805.300 shall be made in a form prescribed by the Department of Transportation and certified to by the applicant and shall include all of the following:

�� (1) The name and residence or business address of the applicant, except as provided for Address Confidentiality Program participants in ORS 192.846.

�� (2) The number of acres as shown on the latest county real property tax statements of one or more of the farms, orchards or ranches upon which the motor vehicle sought to be registered is to be used.

�� (3) The type and amount of agricultural commodities, agricultural products or livestock produced annually on one or more of the farms, orchards or ranches upon which the motor vehicle sought to be registered is to be used.

�� (4) The number of trucks used on the one or more farms, orchards or ranches upon which the motor vehicle sought to be registered is to be used and the combined weight of the motor vehicle sought to be registered.

�� (5) A statement that any motor vehicle registered under ORS 805.300:

�� (a) Will be used for one or more of the purposes specified under ORS 805.390.

�� (b) Will not be used, at any time while registered under ORS 805.300, for any other purpose or for the transportation of any other commodities or products for hire except as provided under ORS 825.024.

�� (c) Is needed in the operation of the one or more farms, orchards or ranches upon which the motor vehicle sought to be registered is to be used.

�� (6) Any other information required by the department.

�� (7) Additional information required by law or by the department in making an application for regular registration for the motor vehicle.

�� (8) The application shall contain a declaration that it is made under penalties for false certification. Violation of this subsection is subject to penalties under ORS 805.370. [1983 c.338 �770; 1985 c.16 �369; 1989 c.723 �16; 1991 c.284 �22; 1993 c.368 �2; 1993 c.751 �98; 1995 c.522 �2; 2007 c.542 �19; 2008 c.10 �4]

�� 805.322 Annual proof of qualification for farm vehicle registration. The owner of a vehicle or combination that has four or more axles and that is registered as a farm vehicle under ORS 805.300 or has a farm device issued pursuant to ORS 805.400 shall annually show to the satisfaction of the Department of Transportation that the owner meets the qualifications of ORS 805.320. [1993 c.368 �4]

�� 805.330 [1983 c.338 �771; 1985 c.16 �370; repealed by 1993 c.751 �106]

�� 805.340 Effect of sale of vehicle. Upon sale of a vehicle registered under ORS 805.300, prior to operation of the vehicle on a highway, the new owner must reregister the vehicle unless the new owner is qualified under ORS 805.310 to register the vehicle under ORS 805.300. [1983 c.338 �774; 1985 c.16 �371; 1993 c.741 �136]

�� 805.350 Violation of farm registration limits; penalty. (1) A person commits the offense of violation of farm registration limits if the person uses or owns and permits to be used a vehicle registered under ORS 805.300 for purposes other than purposes described under ORS 805.390.

�� (2) The offense described in this section, violation of farm registration limits, is a Class A misdemeanor. [1983 c.338 �775; 1985 c.16 �372]

�� 805.360 Failure to register farm vehicle properly; penalty. (1) A person commits the offense of failure to register a farm vehicle properly if the person is the new owner of a vehicle with registration under ORS 805.300, and the person operates the vehicle before properly registering it.

�� (2) Nothing in this section prohibits a person from registering the vehicle under ORS 805.300 if qualifications for registration under that section are met.

�� (3) The offense described in this section, failure to register a farm vehicle properly, is a Class A misdemeanor. [1983 c.338 �776; 1985 c.16 �373; 1993 c.741 �137]

�� 805.370 False certification; penalty. (1) A person commits the offense of false certification on farm registration if the person knowingly certifies falsely to any information on any application for issuance of registration under ORS 805.320.

�� (2) The offense described in this section, false certification on farm registration, is a Class A misdemeanor. [1983 c.338 �777; 1985 c.16 �374; 1993 c.751 �110]

�� 805.380 Department investigation; cancellation. The Department of Transportation shall have the authority to investigate and verify information provided in conjunction with application for registration under ORS 805.300. The department may cancel the registration of any vehicle that has registration issued under ORS 805.300 if the owner or a lessee or an employee of either is convicted of violation of ORS

ORS 60.391

60.391, 60.394, 60.397 or 60.401 in connection with a proceeding by or in the right of the corporation, the corporation shall report the indemnification or advance in writing to the shareholders with or before the notice of the next shareholders� meeting. [1987 c.52 �173]

�� 60.787 Annual report; updates; rules. (1) A domestic corporation, and a foreign corporation authorized to transact business in this state, shall by the corporation�s anniversary deliver to the office of the Secretary of State for filing an annual report that sets forth:

�� (a) The name of the corporation and the state or country under whose law the corporation is incorporated;

�� (b) The street address of the corporation�s registered office and the name of the corporation�s registered agent at the registered office in this state;

�� (c) The address, including street and number and mailing address, if different, of the corporation�s principal office;

�� (d) The names and addresses of the president and secretary of the corporation;

�� (e) A description of the primary business activity of the corporation; and

�� (f) Additional identifying information that the Secretary of State may require by rule.

�� (2) The information contained in the annual report must be current as of 30 days before the anniversary of the corporation.

�� (3) The Secretary of State shall mail the annual report form to any address shown for the corporation in the current records of the office of the Secretary of State. The failure of the corporation to receive the annual report form from the Secretary of State does not relieve the corporation of the corporation�s duty under this section to deliver an annual report to the office.

�� (4) If an annual report does not contain the information this section requires, the Secretary of State shall notify the reporting domestic or foreign corporation in writing and return the report to the corporation for correction. The domestic or foreign corporation must correct the error within 45 days after the Secretary of State gives the notice.

�� (5)(a) A domestic or foreign corporation may update information that is required or permitted in an annual report filing at any time by delivering to the office of the Secretary of State for filing:

�� (A) An amendment to the annual report if a change in the information set forth in the annual report occurs after the report is delivered to the office for filing and before the next anniversary; or

�� (B) A statement with the change if the update occurs before the domestic or foreign corporation files the first annual report.

�� (b) This subsection applies only to a change that is not required to be made by an amendment to the articles of incorporation.

�� (c) The amendment to the annual report filed under paragraph (a) of this subsection must set forth:

�� (A) The name of the corporation as shown on the records of the office; and

�� (B) The information as changed. [1987 c.52 �174; 1987 c.843 �14; 2007 c.186 �3; 2011 c.147 �5]

REGULATION OF CORPORATE ACQUISITIONS

�� 60.801 Definitions for ORS 60.801 to 60.816. As used in ORS 60.801 to 60.816:

�� (1) �Acquiring group� means two or more persons who agree to act together or enter into any arrangement or understanding for the purpose of voting or acquiring voting shares of an issuing public corporation, but does not include two or more persons whose sole agreement relates to the granting of an immediately revocable proxy.

�� (2) �Acquiring person� means a person who acquires or proposes to acquire ownership of, or the power to direct the voting of, voting shares of an issuing public corporation and includes all affiliates of such person.

�� (3)(a) �Affiliate� means a person who directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, another person. As used in this subsection, �control,� including the terms �controlled by� and �under common control with,� means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting shares, by contract or otherwise. A person who is the owner of 10 percent or more of a corporation�s outstanding voting shares shall be presumed to have control of the corporation in the absence of proof by a preponderance of the evidence to the contrary.

�� (b) Notwithstanding paragraph (a) of this subsection, a presumption of control shall not apply where a person holds voting shares in good faith and not for the purpose of circumventing ORS 60.801 to 60.816 as an agent, bank, broker, nominee, custodian or trustee for one or more owners who do not individually or as a group have control of the corporation.

�� (4)(a) �Control share acquisition� means the acquisition, directly or indirectly, by any acquiring person, including a member of an acquiring group, of ownership of, or the power to direct the voting of, voting shares of an issuing public corporation in a transaction that causes the total voting power of the acquiring person or any acquiring group of which the acquiring person is a member in the election of directors of the issuing public corporation to exceed one-fifth, one-third or one-half of the total voting power of all the voting shares.

�� (b) For purposes of this subsection, voting shares of an issuing public corporation acquired within 90 days of a control share acquisition by the acquiring person or members of the acquiring group making the control share acquisition shall be considered to have been acquired in the same control share acquisition.

�� (c) For purposes of this subsection, a person who acquires voting shares in the ordinary course of business for the benefit of others in good faith and not for the purpose of circumventing ORS 60.801 to 60.816 has ownership and voting power only of voting shares in respect of which that person would be able to exercise or direct the exercise of votes without further instruction from others.

�� (d) For purposes of this subsection, if two or more persons enter into a binding agreement that is not immediately revocable with respect to the voting of their voting shares, in addition to those persons thereby becoming an acquiring group:

�� (A) Any single person who thereby obtains the right to determine how any other parties to the agreement must vote their shares shall be deemed to have acquired the power to direct the voting of the voting shares held by such other parties to the agreement; and

�� (B) Any group of persons who thereby obtain the right to determine how any parties to the agreement must vote their shares shall collectively be deemed to be a separate acquiring person who has acquired the power to direct the voting of all voting shares held by such parties to the agreement. The group of persons shall include all parties to the agreement if all parties share in the decision or if the agreement specifies how the shares must be voted.

�� (e) The acquisition of any voting shares of an issuing public corporation does not constitute a control share acquisition if the acquisition is consummated in any of the following circumstances:

�� (A) At a time when the corporation was not subject to ORS 60.801 to 60.816.

�� (B) Pursuant to a contract entered into at a time when the corporation was not subject to ORS

ORS 60.554

60.554 shall not apply to dissenters� rights created under this section. [1989 c.4 �5]

�� Note: See note under 60.801.

�� 60.816 Short title. ORS 60.801 to 60.813 shall be known and may be cited as the �Oregon Control Share Act.� [1989 c.4 �6]

�� Note: See note under 60.801.

BUSINESS COMBINATIONS WITH INTERESTED SHAREHOLDERS

�� 60.825 Definitions for ORS 60.825 to 60.845. As used in ORS 60.825 to 60.845:

�� (1) �Affiliate� means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, another person.

�� (2) �Associate,� when used to indicate a relationship with any person, means:

�� (a) Any corporation or organization of which the person is a director, officer or partner or is, directly or indirectly, the owner of 20 percent or more of any class of voting stock;

�� (b) Any trust or other estate in which the person has at least a 20 percent beneficial interest or as to which the person serves as trustee or in a similar fiduciary capacity; and

�� (c) Any relative or spouse of the person, or any relative of a spouse, who has the same residence as the person.

�� (3) �Business combination,� when used in reference to any corporation and any interested shareholder of the corporation, means:

�� (a) Any merger or plan of exchange of the corporation or any direct or indirect majority-owned subsidiary of the corporation with:

�� (A) The interested shareholder; or

�� (B) Any other corporation if the merger or plan of exchange is caused by the interested shareholder and as a result of the merger or plan of exchange, ORS 60.835 is not applicable to the surviving corporation;

�� (b) Any sale, lease, exchange, mortgage, pledge, transfer or other disposition, in one transaction or a series of transactions, except proportionately as a shareholder of the corporation, to or with the interested shareholder, whether as part of a dissolution or otherwise, of assets of the corporation or of any direct or indirect majority-owned subsidiary of the corporation where the assets have an aggregate market value equal to 10 percent or more of either the aggregate market value of all the assets of the corporation determined on a consolidated basis or the aggregate market value of all the outstanding stock of the corporation;

�� (c) Any transaction which results in the issuance or transfer by the corporation or by any direct or indirect majority-owned subsidiary of the corporation of any shares of the corporation or of any such subsidiary to the interested shareholder, except:

�� (A) Pursuant to the exercise, exchange or conversion of securities exercisable for, exchangeable for or convertible into shares of the corporation or any subsidiary where the securities were outstanding prior to the time that the interested shareholder became an interested shareholder or were distributed pro rata to all holders of a class or series of shares of the corporation or any subsidiary subsequent to the time the interested shareholder became an interested shareholder;

�� (B) Pursuant to a dividend or distribution paid or made pro rata to all holders of a class or series of shares of the corporation or any subsidiary subsequent to the time the interested shareholder became an interested shareholder, provided that there is no increase in the interested shareholder�s proportionate share of any class or series of shares of the corporation or of the voting stock of the corporation; or

�� (C) Pursuant to an exchange offer by the corporation to purchase shares made on the same terms to all holders of the shares, provided that there is no increase in the interested shareholder�s proportionate share of any class or series of shares of the corporation or of the voting stock of the corporation;

�� (d) Any transaction involving the corporation or any direct or indirect majority-owned subsidiary of the corporation which has the effect, directly or indirectly, of increasing the proportionate share of any class or series of shares, or securities convertible into the shares of any class or series, of the corporation or of any such subsidiary which is owned by the interested shareholder, except as a result of immaterial changes due to fractional share adjustments or as a result of any purchase or redemption of any shares not caused, directly or indirectly, by the interested shareholder; or

�� (e) Any receipt by the interested shareholder of the benefit, directly or indirectly, except proportionately as a shareholder of such corporation, of any loans, advances, guarantees, pledges or other financial benefits, other than those expressly permitted in paragraphs (a) to (d) of this subsection, provided by or through the corporation or any direct or indirect majority-owned subsidiary.

�� (4)(a) �Control,� including the terms �controlling,� �controlled by� and �under common control with,� means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting stock, by contract or otherwise. A person who is the owner of 10 percent or more of a corporation�s outstanding voting stock shall be presumed to have control of the corporation, in the absence of proof by a preponderance of the evidence to the contrary.

�� (b) Notwithstanding paragraph (a) of this subsection, a presumption of control shall not apply when a person holds voting stock, in good faith and not for the purpose of circumventing this section, as an agent, bank, broker, nominee, custodian or trustee for one or more owners who do not individually or as a group have control of the corporation.

�� (5)(a) �Interested shareholder� means:

�� (A) Any person, other than the corporation and any direct or indirect majority-owned subsidiary of the corporation, that:

�� (i) Is the owner of shares representing 15 percent or more of the outstanding voting stock of the corporation; or

�� (ii) Is an affiliate or associate of the corporation and was the owner of shares representing 15 percent or more of the outstanding voting stock of the corporation at any time within the three-year period immediately prior to the date on which it is sought to be determined whether the person is an interested shareholder; and

�� (B) The affiliates and associates of a person described in subparagraph (A) of this paragraph.

�� (b) Notwithstanding paragraph (a) of this subsection, the term �interested shareholder� shall not include:

�� (A) Any person who:

�� (i) Owned shares in excess of the 15 percent limitation described in paragraph (a) of this subsection as of April 4, 1991, and who continued to own shares in excess of the 15 percent limitation or would have but for action by the corporation;

�� (ii) Acquired shares in excess of the 15 percent limitation described in paragraph (a) of this subsection pursuant to a tender offer commenced prior to April 4, 1991, and who continued to own shares in excess of the 15 percent limitation or would have but for action by the corporation;

�� (iii) Acquired shares in excess of the 15 percent limitation described in paragraph (a) of this subsection pursuant to an exchange offer announced prior to April 4, 1991, and commenced within 90 days after April 4, 1991, and who continued to own shares in excess of the 15 percent limitation or would have but for action by the corporation; or

�� (iv) Acquired shares in excess of the 15 percent limitation described in paragraph (a) of this subsection from a person described in sub-subparagraphs (i) to (iii) of this subparagraph by gift, inheritance or in a transaction in which no consideration was exchanged; or

�� (B) Any person whose ownership of shares in excess of the 15 percent limitation described in paragraph (a) of this subsection is the result of action taken solely by the corporation provided that the person shall be an interested shareholder if the person later acquires additional voting stock of the corporation, except as a result of further corporate action not caused, directly or indirectly, by the person.

�� (c) For the purpose of determining whether a person is an interested shareholder, the voting shares of the corporation considered to be outstanding shall include shares considered to be owned by the person through application of ORS 60.830 (1).

�� (6) �Person� means any individual, corporation, partnership, unincorporated association or other entity.

�� (7) �Voting stock� means shares of any class or series that, together with all other classes or series that vote with the class or series as a group with respect to the election of directors, elects at least a majority of the directors. [1991 c.40 �2]

�� 60.830 Ownership of shares. (1) For purposes of ORS 60.825 to 60.845, a person shall be considered to be the �owner� of and to �own� any shares:

�� (a) Which the person or any of the person�s affiliates or associates, directly or indirectly, have the power to vote or dispose of, including voting or dispositive power pursuant to any agreement, arrangement or understanding, whether or not in writing;

�� (b) Over which the person or any of the person�s affiliates or associates, directly or indirectly, have the right to acquire voting or dispositive power, whether the right is exercisable immediately or only after the passage of time, pursuant to any agreement, arrangement or understanding, whether or not in writing, or upon the exercise of conversion rights, exchange rights, rights, warrants or options, or otherwise; or

�� (c) Which are owned, directly or indirectly, by any other person, or any affiliate or associate of the person, with which the person, or any affiliates or associates of the person, have any agreement, arrangement or understanding, whether or not in writing, for the purpose of acquiring, holding, voting or disposing of any securities of the corporation.

�� (2) For purposes of subsection (1) of this section, a person shall not be considered to be the �owner� of or to �own� any shares:

�� (a) If an agreement, arrangement or understanding to vote shares arises solely from a revocable proxy or consent given to the person in response to a public proxy or consent solicitation made pursuant to, and in accordance with, the applicable rules and regulations of the Securities Exchange Act of 1934;

�� (b) Tendered pursuant to a tender or exchange offer made by or on behalf of the person or any of the person�s affiliates or associates until any tendered shares are accepted for purchase or exchange; or

�� (c) Acquired by a person engaged in business as an underwriter of securities through the person�s participation in good faith in a firm commitment underwriting until the expiration of 40 days after the date of the acquisition of the shares. [1991 c.40 �3]

�� 60.835 Prohibited business combinations. Notwithstanding any other provision of this chapter, a corporation shall not engage in any business combination with any interested shareholder for a period of three years following the date that the shareholder became an interested shareholder, unless:

�� (1) Prior to that date the board of directors of the corporation approved either the business combination or the transaction which resulted in the shareholder becoming an interested shareholder;

�� (2) Upon consummation of the transaction which resulted in the shareholder becoming an interested shareholder, the interested shareholder owned at least 85 percent of the voting stock of the corporation outstanding at the time the transaction commenced, excluding for purposes of determining the number of shares outstanding those shares owned by:

�� (a) Persons who are directors and also officers; and

�� (b) Employee share plans in which employee participants do not have the right to determine confidentially whether shares held subject to the plan will be tendered in a tender or exchange offer; or

�� (3) On or subsequent to the date, the business combination is approved by the board of directors and authorized at an annual or special meeting of shareholders, and not by written consent, by the affirmative vote of at least 66-2/3 percent of the outstanding voting stock which is not owned by the interested shareholder. [1991 c.40 �4; 1991 c.883 �18; 1991 c.927 �5]

�� 60.840 Exceptions to ORS 60.835. (1) ORS 60.835 shall not apply if:

�� (a) The corporation�s original articles of incorporation contain a provision expressly electing not to be governed by ORS 60.825 to 60.845;

�� (b) The corporation, by action of its board of directors, adopts an amendment to its bylaws within 90 days after April 4, 1991, expressly electing not to be governed by ORS 60.825 to 60.845. The amendment shall not be further amended by the board of directors;

�� (c) The corporation, by action of its shareholders, adopts an amendment to its articles of incorporation or bylaws expressly electing not to be governed by ORS 60.825 to 60.845, provided that, in addition to any other vote required by law, the amendment to the articles of incorporation or bylaws must be approved by the affirmative vote of a majority of the shares entitled to vote. An amendment adopted pursuant to this paragraph shall not be effective until 12 months after the adoption of the amendment and shall not apply to any business combination between the corporation and any person who became an interested shareholder of the corporation on or prior to the adoption of the amendment. A bylaw amendment adopted pursuant to this paragraph shall not be further amended by the board of directors;

�� (d) The corporation does not have a class of voting stock that is:

�� (A) Listed on a national securities exchange;

�� (B) Authorized for quotation on an interdealer quotation system of a registered national securities association; or

�� (C) Held of record by more than 2,000 shareholders; or

�� (e) A shareholder becomes an interested shareholder inadvertently and:

�� (A) As soon as practicable divests sufficient shares so that the shareholder ceases to be an interested shareholder; and

�� (B) Would not, at any time within the three-year period immediately prior to a business combination between the corporation and the shareholder, have been an interested shareholder, but for the inadvertent acquisition.

�� (2) Subsection (1)(d) of this section does not apply if anything described in subsection (1)(d) of this section results from action taken, directly or indirectly, by an interested shareholder or from a transaction in which a person becomes an interested shareholder.

�� (3) Notwithstanding subsection (1) of this section, a corporation may elect by a provision of its original articles of incorporation or any amendment thereto to be governed by ORS 60.825 to 60.845, except that any amendment to the articles of incorporation shall not apply to restrict a business combination between the corporation and an interested shareholder of the corporation if the interested shareholder became an interested shareholder prior to April 4, 1991. [1991 c.40 �5]

�� 60.845 Greater vote of shareholders prohibited. No provision of any articles of incorporation or bylaws shall require a greater vote of shareholders than that specified in ORS 60.825 to 60.845 for any vote of shareholders required by ORS 60.825 to 60.845. [1991 c.40 �6]

MISCELLANEOUS

�� 60.951 Short title. This chapter shall be known and may be cited as the �Oregon Business Corporation Act.� [1987 c.52 �1]

�� 60.952 Court proceeding by shareholder in close corporation; conditions; court-ordered remedies; share purchase; expenses. (1) In a proceeding by a shareholder in a corporation that does not have shares that are listed on a national securities exchange or that are regularly traded in a market maintained by one or more members of a national or affiliated securities association, the circuit court may order one or more of the remedies listed in subsection (2) of this section if it is established that:

�� (a) The directors are deadlocked in the management of the corporate affairs, the shareholders are unable to break the deadlock and irreparable injury to the corporation is threatened or being suffered, or the business and affairs of the corporation can no longer be conducted to the advantage of the shareholders generally, because of the deadlock;

�� (b) The directors or those in control of the corporation have acted, are acting or will act in a manner that is illegal, oppressive or fraudulent;

�� (c) The shareholders are deadlocked in voting power and have failed, for a period that includes at least two consecutive annual meeting dates, to elect successors to directors whose terms have expired; or

�� (d) The corporate assets are being misapplied or wasted.

�� (2) The remedies that the court may order in a proceeding under subsection (1) of this section include but are not limited to the following:

�� (a) The performance, prohibition, alteration or setting aside of any action of the corporation or of its shareholders, directors or officers or any other party to the proceeding;

�� (b) The cancellation or alteration of any provision in the corporation�s articles of incorporation or bylaws;

�� (c) The removal from office of any director or officer;

�� (d) The appointment of any individual as a director or officer;

�� (e) An accounting with respect to any matter in dispute;

�� (f) The appointment of a custodian to manage the business and affairs of the corporation, to serve for the term and under the conditions prescribed by the court;

�� (g) The appointment of a provisional director to serve for the term and under the conditions prescribed by the court;

�� (h) The submission of the dispute to mediation or another form of nonbinding alternative dispute resolution;

�� (i) The issuance of distributions;

�� (j) The award of damages to any aggrieved party;

�� (k) The purchase by the corporation or one or more shareholders of all of the shares of one or more other shareholders for their fair value and on the terms determined under subsection (5) of this section;

�� (L) The retention of jurisdiction of the case by the court for the protection of the shareholder who filed the proceeding; or

�� (m) The dissolution of the corporation if the court determines that no remedy specified in paragraphs (a) to (L) of this subsection or other alternative remedy is sufficient to resolve the matters in dispute. In determining whether to dissolve the corporation, the court shall consider among other relevant evidence the financial condition of the corporation but may not refuse to dissolve the corporation solely because it has accumulated earnings or current operating profits.

�� (3) The remedies set forth in subsection (2) of this section shall not be exclusive of other legal and equitable remedies that the court may impose. Except as provided in this subsection, the shareholders of a corporation may, pursuant to an agreement described in ORS 60.265, agree to limit or eliminate any of the remedies set forth in subsection (2) of this section. The remedies set forth in subsection (2)(e), (j) and (m) of this section may not be eliminated.

�� (4) In determining the appropriate remedies to order under subsection (2) of this section, the court may take into consideration the reasonable expectations of the corporation�s shareholders as they existed at the time the corporation was formed and developed during the course of the shareholders� relationship with the corporation and with each other. The court shall endeavor to minimize the harm to the business of the corporation.

�� (5)(a) If the court orders a share purchase, the court shall:

�� (A) Determine the fair value of the shares, with or without the assistance of appraisers, taking into account any impact on the value of the shares resulting from the actions giving rise to a proceeding under subsection (1) of this section;

�� (B) Consider any financial or legal constraints on the ability of the corporation or the purchasing shareholder to purchase the shares;

�� (C) Specify the terms of the purchase, including, if appropriate, terms for installment payments, interest at the rate and from the date determined by the court to be equitable, subordination of the purchase obligation to the rights of the corporation�s other creditors, security for a deferred purchase price and a covenant not to compete or other restriction on the seller;

�� (D) Require the seller to deliver all of the seller�s shares to the purchaser upon receipt of the purchase price or the first installment of the purchase price; and

�� (E) Retain jurisdiction to enforce the purchase order by, among other remedies, ordering the corporation to be dissolved if the purchase is not completed in accordance with the terms of the purchase order.

�� (b) The share purchase ordered under this subsection shall be consummated within 20 days after the date the order becomes final unless before that time the corporation files with the court a notice of its intention to dissolve and articles of dissolution are properly filed with the Secretary of State within 50 days after filing the notice with the court.

�� (c) After the purchase order is entered and before the purchase price is fully paid, any party may petition the court to modify the terms of the purchase, and the court may do so if the court finds that the modifications are equitable.

�� (d) Unless the purchase order is modified by the court, the selling shareholder shall have no further rights as a shareholder from the date the seller delivers all of the shareholder�s shares to the purchaser or such other date specified by the court.

�� (e) If the court orders shares to be purchased by one or more other shareholders, in allocating the shares to be purchased by the other shareholders, unless equity requires otherwise, the court shall attempt to preserve the existing distribution of voting rights and other designations, preferences, qualifications, limitations, restrictions and special or relative rights among the holders of the class or classes of shares and may direct that holders of a specific class or classes not participate in the purchase.

�� (6) At any time within 90 days after the filing of a proceeding under subsection (1) of this section, or at such time determined by the court to be equitable, the corporation or one or more shareholders may elect to purchase all of the shares owned by the shareholder who filed the proceeding for their fair value. An election to purchase under this subsection shall state in writing the amount that the electing party will pay for the shares. The following apply:

�� (a) The election to purchase shall be irrevocable unless the court determines that it is equitable to set aside or modify the election.

�� (b) If the election to purchase is filed by one or more shareholders, the corporation shall, within 10 days thereafter, give written notice to all shareholders. The notice shall state the name of the shareholder who filed the proceeding under subsection (1) of this section and the number of shares owned by that shareholder, the name of each electing shareholder and the number of shares owned by that electing shareholder and the amount that each electing shareholder will pay for the shares. The notice also must advise the recipients of their right to join in the election to purchase shares. Shareholders who wish to participate must file notice of their intention to join in the election to purchase not later than 30 days after the date of the notice to them or at such time as the court in its discretion may allow. All shareholders who have filed an election or notice of their intention to participate in the election to purchase thereby become parties to the proceeding under subsection (1) of this section and shall participate in the purchase in proportion to their ownership of shares as of the date the first election was filed, unless the shareholders otherwise agree or the court otherwise directs.

�� (c) The court in its discretion may allow the corporation and shareholders to file an election to purchase the shares of the shareholder who filed the proceeding under subsection (1) of this section at a price higher than the amount previously offered. If the court does so, it shall allow other shareholders an opportunity to join in the election to purchase at the higher price in accordance with their proportionate ownership interest.

�� (d) After an election to purchase has been filed by the corporation or one or more shareholders, the proceeding filed under subsection (1) of this section may not be discontinued or settled, nor may the shareholder who filed the proceeding sell or otherwise dispose of the shareholder�s shares, unless the court determines that it would be equitable to the corporation and the shareholders, other than the petitioner, to permit the discontinuance, settlement, sale or other disposition. In considering whether equity exists to approve any settlement, the court may take into consideration the reasonable expectations of the shareholders as referred to in subsection (4) of this section, including any existing agreement among the shareholders.

�� (e) If, within 30 days of the filing of the latest election to purchase allowed by the court, the parties reach agreement as to the fair value and terms of purchase of the shares of the shareholder who filed the proceeding under subsection (1) of this section, the court shall enter an order directing the purchase of shares upon the terms and conditions agreed to by the parties.

�� (f) If the parties are unable to reach an agreement as described in paragraph (e) of this subsection, the court, upon application of any party, shall stay the proceeding under subsection (1) of this section and shall, under subsection (5) of this section, determine the fair value and terms of purchase of the shares of the shareholder who filed the proceeding as of the day before the date on which the proceeding was filed or as of such other date as the court deems appropriate under the circumstances.

�� (7) In any proceeding under subsection (1) of this section, the court shall allow reasonable compensation to the custodian, provisional director, appraiser or other such person appointed by the court for services rendered and reimbursement or direct payment of reasonable costs and expenses. Amounts described in this subsection shall be paid by the corporation. [2001 c.315 �60]

�� 60.954 Reservation of power to amend or repeal. All or part of this chapter may be amended or repealed at any time and all domestic and foreign corporations subject to this chapter are governed by the amendment or repeal. [1987 c.52 �2]

�� 60.957 Application to existing domestic corporation. This chapter applies to all domestic corporations in existence on June 15, 1987, that were incorporated under any general statute of this state providing for incorporation of corporations for profit if power to amend or repeal the statute under which the corporation was incorporated was reserved. [1987 c.52 �176]

�� 60.961 Application to qualified foreign corporations. A foreign corporation authorized to transact business in this state on June 15, 1987, is subject to this chapter but is not required to apply for new authority to transact business under this chapter. [1987 c.52 �177]

�� 60.964 Saving provisions. (1) Except as provided in subsections (2), (3) and (4) of this section, the repeal of a statute by this chapter does not affect:

�� (a) The operation of the statute or any action taken under the statute before the repeal;

�� (b) Any ratification, right, remedy, privilege, obligation or liability acquired, accrued or incurred under the statute before the repeal;

�� (c) Any violation of the statute, or any penalty, forfeiture or punishment incurred because of the violation, before the repeal; or

�� (d) Any proceeding, reorganization or dissolution commenced under the statute before the repeal. The proceeding, reorganization or dissolution may be completed in accordance with the statute as if the statute had not been repealed.

�� (2) The provisions of ORS 60.387 to 60.411 apply to all indemnification a corporation makes after June 15, 1987, and all other actions regarding indemnification taken by or on behalf of a corporation or by a court after June 15, 1987, including all indemnification made and other actions taken after June 15, 1987, with respect to claims that arose or matters that occurred before June 15, 1987, or pursuant to any provisions of any articles of incorporation, bylaws, resolutions or agreements in effect before June 15, 1987.

�� (3) If a penalty or punishment imposed for violation of a statute repealed by this chapter is reduced by this chapter, the penalty or punishment, if not already imposed, must be imposed in accordance with this chapter.

�� (4) This chapter applies to any amendment to a corporation�s articles of incorporation filed after June 15, 1987, even if shareholder approval of such amendment occurred before the effective date.

�� (5) If a provision of this chapter has the effect of modifying, limiting or superseding the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., the provision of this chapter controls to the maximum extent permitted under 15 U.S.C. 7002(a)(2). [1987 c.52 �178; 2017 c.55 �18]

�� 60.967 Corporations incorporated under special acts. The shareholders of any private incorporation incorporated by any special Act of the Legislative Assembly before December 31, 1953, may incorporate themselves under this chapter at any time after June 15, 1987, while the corporation exists for the purpose of carrying on the enterprise, business, pursuit or occupation for which they were specially incorporated. The filing of the articles of incorporation shall be deemed a surrender of the special incorporation, but not of any vested right thereunder, and thereafter the corporation shall have the powers and privileges, and be subject to the liabilities and limitations provided by this chapter and not otherwise. [1987 c.52 �179; 1989 c.1040 �35]

�� 60.971 Severability. If any provision of this chapter or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. [1987 c.52 �180]

�� 60.990 [(Enacted in 1903) repealed by 1953 c.549 �138; 60.990 (enacted by 1987 c.52 �175) renumbered 60.992 in 1993]

PENALTY

�� 60.992 Penalty for signing false document. (1) A person commits the crime of signing a false document for filing if the person:

�� (a) Knows the document is false in any material respect; and

�� (b) Signs the document with an intent that the document be delivered to the office of the Secretary of State for filing under this chapter.

�� (2) Signing a false document for filing is a Class A misdemeanor. [Formerly 60.990; 2013 c.158 �23]

�� 60.994 Liability for certain actions in connection with operation of shell entity; actions as false claim; enforcement by civil action. (1) An officer, director, employee or agent of a shell entity is liable for damages to a person that suffers an ascertainable loss of money or property as a result of the officer, director, employee or agent:

�� (a) Making, issuing, delivering or publishing, or participating in making, issuing, delivering or publishing, a prospectus, report, circular, certificate, financial statement, balance sheet, public notice or document concerning the shell entity or the shell entity�s shares, assets, liabilities, capital, dividends, earnings, accounts or business operations that the officer, director, employee or agent knows is false in any material respect;

�� (b) Making an entry or causing another person to make an entry in a shell entity�s books, records, minutes or accounts that the director, officer, employee or agent knows is false in any material respect; or

�� (c) Removing, erasing, altering or canceling, or causing another person to remove, erase, alter or cancel, an entry in a shell entity�s books, records, minutes or accounts if by means of the removal, erasure, alteration or cancellation the director, officer, employee or agent intends to deceive another person.

�� (2) An officer, director, employee or agent of a shell entity that engages in any of the actions described in subsection (1) of this section in a submission to, or an interaction with, a public agency, as defined in ORS 180.750, makes a false claim and is subject to a civil action as provided in ORS 180.750 to 180.785. [2017 c.705 �3]

ORS 60.771

60.771 (5)(f); or

�� (iii) The domestic or foreign corporation�s principal place of business;

�� (B) On the day the person that sends the notice or communication, or an agent of the person, deposits the notice or communication in the United States mail, if the notice or communication is postage prepaid and correctly addressed to a shareholder;

�� (C) Five days after the person that sends the notice or communication, or an agent of the person, deposits the notice or communication in the United States mail, if the notice or communication is postage prepaid and correctly addressed to a recipient who is not a shareholder, except that if a person sends a notice or communication by registered or certified mail, return receipt requested, the notice or communication is delivered and effective on the date on which the recipient actually received the notice or communication or on the date shown on the return receipt signed by the recipient or an agent of the recipient;

�� (D) As provided in subsection (6)(a)(A) of this section, if a person sends the notice or communication by electronic transmission; or

�� (E) On the date and at the time a person delivers the notice or communication to the recipient orally.

�� (8) If this chapter requires a notice or communication in particular circumstances, the requirements in this chapter govern. If articles of incorporation or bylaws prescribe requirements for notices or communications that are consistent with this section or other provisions of this chapter, the requirements in the articles of incorporation or bylaws govern. [1987 c.52 �14; 1989 c.1040 �6; 2003 c.80 �2; 2017 c.55 �4]

�� 60.040 [Repealed by 1953 c.549 �138]

INCORPORATION

�� 60.044 Incorporators. One or more individuals 18 years of age or older, a domestic or foreign corporation, a partnership or an association may act as incorporators of a corporation by delivering articles of incorporation to the office for filing. [1987 c.52 �15]

�� 60.047 Articles of incorporation. (1) Articles of incorporation must set forth:

�� (a) A corporate name for the corporation that satisfies the requirements of ORS 60.094;

�� (b) The number of shares the corporation is authorized to issue;

�� (c) The address, including street and number, and mailing address, if different, of the corporation�s initial registered office and the name of the corporation�s initial registered agent at the initial registered office;

�� (d) The name and address of each incorporator;

�� (e) A mailing address to which notices, as required by this chapter, may be mailed until the corporation designates an address in the corporation�s annual report;

�� (f) The initial physical street address, including the number and name of the street, and the mailing address, if different, of the corporation�s principal office; and

�� (g) The name and address of at least one individual who is a director or controlling shareholder of the corporation or an authorized representative with direct knowledge of the operations and business activities of the corporation.

�� (2) The articles of incorporation may set forth:

�� (a) The names of the initial directors;

�� (b) The addresses of the initial directors;

�� (c) Provisions regarding:

�� (A) The purpose or purposes for which the corporation is organized;

�� (B) Managing the business and regulating the affairs of the corporation;

�� (C) Defining, limiting and regulating the powers of the corporation, the board of directors and shareholders; and

�� (D) A par value for authorized shares or classes of shares;

�� (d) A provision eliminating or limiting the personal liability of a director to the corporation or the corporation�s shareholders for monetary damages for conduct as a director, provided that the provision does not eliminate or limit the liability of a director for any act or omission that occurs before the date on which the provision becomes effective and the provision does not eliminate or limit the liability of a director for:

�� (A) Any breach of the director�s duty of loyalty to the corporation or the corporation�s shareholders;

�� (B) Acts or omissions that are not in good faith or that involve intentional misconduct or a knowing violation of law;

�� (C) Any unlawful distribution under ORS 60.367; or

�� (D) Any transaction from which the director derived an improper personal benefit;

�� (e) A provision authorizing or directing the corporation to conduct the business of the corporation in a manner that is environmentally and socially responsible; and

�� (f) Any provision that under this chapter is required or permitted to be set forth in the bylaws.

�� (3) The articles of incorporation need not set forth any of the corporate powers enumerated in this chapter. [1987 c.52 �16; 1989 c.1040 �7; 1991 c.883 �1; 2007 c.254 �1; 2017 c.705 �10]

�� 60.050 [Repealed by 1953 c.549 �138]

�� 60.051 Incorporation. (1) Unless a delayed effective date is specified, the corporate existence begins when the articles of incorporation are filed by the Secretary of State.

�� (2) The Secretary of State�s filing of the articles of incorporation is conclusive proof that the incorporators satisfied all conditions precedent to incorporation except in a proceeding by the state to cancel or revoke the incorporation or involuntarily dissolve the corporation. [1987 c.52 �17]

�� 60.054 Liability for preincorporation transactions. All persons purporting to act as or on behalf of a corporation, knowing there was no incorporation, are jointly and severally liable for all liabilities created while so acting. [1987 c.52 �18]

�� 60.057 Organization of corporation. (1) After incorporation, if initial directors are named in the articles of incorporation, the initial directors shall hold an organizational meeting at the call of a majority of the directors to complete the organization of the corporation by appointing officers, adopting bylaws and carrying on any other business brought before the meeting.

�� (2) After incorporation, if initial directors are not named in the articles, the incorporator or incorporators shall hold an organizational meeting at the call of a majority of the incorporators to elect directors and complete the organization of the corporation or to elect a board of directors who shall complete the organization of the corporation.

�� (3) Action required or permitted by this chapter to be taken by incorporators at an organizational meeting may be taken without a meeting if the action taken is evidenced by one or more written consents describing the action taken and signed by each incorporator.

�� (4) An organizational meeting may be held in or out of this state. [1987 c.52 �19]

�� 60.060 [Repealed by 1953 c.549 �138]

�� 60.061 Bylaws. (1) The incorporators or board of directors of a corporation shall adopt initial bylaws for the corporation.

�� (2) The bylaws of a corporation may contain any provision for managing the business and regulating the affairs of the corporation that is not inconsistent with law or the articles of incorporation. [1987 c.52 �20]

�� 60.064 Emergency bylaws. (1) Unless the articles of incorporation provide otherwise, the board of directors of a corporation may adopt bylaws to be effective only in an emergency defined in subsection (4) of this section. The emergency bylaws, which are subject to amendment or repeal by the shareholders, may contain all provisions necessary for managing the corporation during the emergency, including:

�� (a) Procedures for calling a meeting of the board of directors;

�� (b) Quorum requirements for the meeting; and

�� (c) Designation of additional or substitute directors.

�� (2) All provisions of the regular bylaws consistent with the emergency bylaws remain effective during the emergency. The emergency bylaws are not effective after the emergency ends.

�� (3) Corporate action taken in good faith in accordance with the emergency bylaws binds the corporation and may not be used to impose liability on a corporate director, officer, employee or agent.

�� (4) An emergency exists for purposes of this section if a quorum of the corporation�s directors cannot readily be assembled because of some catastrophic event. [1987 c.52 �21]

�� 60.070 [Repealed by 1953 c.549 �138]

PURPOSES AND POWERS

�� 60.074 Purposes; prohibition on illegal purposes. (1) Every corporation incorporated under this chapter has the purpose of engaging in any lawful business unless a more limited purpose is set forth in the articles of incorporation. A person may not incorporate a corporation under this chapter for any illegal purpose or with an intent to fraudulently conceal any business activity from another person or a governmental agency.

�� (2) A business that is subject to regulation under another statute of the state may not be incorporated under this chapter if the business must be organized under the other statute. [1987 c.52 �22; 1989 c.1040 �8; 2017 c.705 �11]

�� 60.077 General powers. (1) Unless its articles of incorporation provide otherwise, every corporation has perpetual duration and succession in its corporate name.

�� (2) Unless its articles of incorporation provide otherwise, every corporation has the same powers as an individual to do all things necessary or convenient to carry out its business and affairs, including without limitation, power to:

�� (a) Sue and be sued and complain and defend in its corporate name;

�� (b) Have a corporate seal, which may be altered at will, and use it or a facsimile thereof, by impressing, affixing or reproducing it in any other manner;

�� (c) Make and amend bylaws, not inconsistent with its articles of incorporation or with the laws of this state for managing the business and regulating the affairs of the corporation;

�� (d) Purchase, receive, lease or otherwise acquire, and own, hold, improve, use and otherwise deal with real or personal property, or any interest in property, wherever located;

�� (e) Sell, convey, mortgage, pledge, lease, exchange and otherwise dispose of all or any part of its property;

�� (f) Purchase, receive, subscribe for, acquire, own, hold, vote, use, sell, mortgage, lend, pledge or otherwise dispose of and deal in and with shares or other interests in, or obligations of, any other entity;

�� (g) Make contracts and guarantees, incur liabilities, borrow money, issue its notes, bonds and other obligations that may be convertible into other securities of the corporation or include the option to purchase other securities of the corporation and secure any of its obligations by mortgage or pledge of any of its property, franchises or income;

�� (h) Lend money, invest and reinvest corporate funds and receive and hold real and personal property as security for repayment;

�� (i) Be a promoter, partner, member, associate or manager of any partnership, joint venture, trust or other entity;

�� (j) Conduct its business, locate offices and exercise the powers granted by this chapter within or without this state;

�� (k) Elect directors and appoint officers, employees and agents of the corporation;

�� (L) Define directors�, officers�, employees� and agents� duties, fix their compensation and lend them money and credit;

�� (m) Pay pensions and establish pension plans, share option plans and benefit or incentive plans for any or all of its current or former directors, officers, employees and agents;

�� (n) Make donations for the public welfare or for charitable, scientific or educational purposes;

�� (o) Transact any lawful business that will aid governmental policy; and

�� (p) Make payment or donations or do any other act, not inconsistent with law, that furthers the business and affairs of the corporation. [1987 c.52 �23]

�� 60.080 [Repealed by 1953 c.549 �138]

�� 60.081 Emergency powers. (1) In anticipation of or during an emergency defined in subsection (4) of this section, the board of directors of a corporation may:

�� (a) Modify lines of succession to accommodate the incapacity of any director, officer, employee or agent; and

�� (b) Relocate the principal office, designate alternative principal offices or regional offices or authorize the officers to do so.

�� (2) During an emergency defined in subsection (4) of this section, unless emergency bylaws provide otherwise:

�� (a) Notice of a meeting of the board of directors need be given only to those directors whom it is practicable to reach and may be given in any practicable manner, including by publication and radio.

�� (b) One or more officers of the corporation present at a meeting of the board of directors may be deemed to be directors for the meeting, in order of the officer�s rank and within the same rank in order of seniority, as necessary to achieve a quorum.

�� (3) Corporate action taken in good faith during an emergency under this section to further the ordinary business affairs of the corporation:

�� (a) Binds the corporation; and

�� (b) May not be used to impose liability on a corporate director, officer, employee or agent.

�� (4) An emergency exists for purposes of this section if a quorum of the corporation�s directors cannot readily be assembled because of some catastrophic event. [1987 c.52 �24]

�� 60.084 Challenges to validity of corporate acts. (1) Except as provided in subsection (2) of this section, the validity of corporate action may not be challenged on the ground that the corporation lacks or lacked power to act.

�� (2) A corporation�s power to act may be challenged:

�� (a) In a proceeding by a shareholder against the corporation to enjoin the act;

�� (b) In a proceeding by the corporation, directly, derivatively, or through a receiver, trustee or other legal representative against an incumbent or former director, officer, employee or agent of the corporation;

�� (c) In a proceeding by the Attorney General under ORS 60.661; or

�� (d) In an action under ORS 60.291.

�� (3) In a shareholder�s proceeding under subsection (2)(a) of this section to enjoin an unauthorized corporate act, the court may enjoin or set aside the act, if equitable and if all affected persons are parties to the proceeding, and may award damages for loss other than anticipated profits suffered by the corporation or another party because of enjoining the unauthorized act. [1987 c.52 �25; 2019 c.325 �20]

�� 60.090 [Repealed by 1953 c.549 �138]

NAME

�� 60.094 Corporate name. (1) A corporate name shall contain one or more of the words �corporation,� �incorporated,� �company� or �limited� or an abbreviation of one or more of those words.

�� (2) A corporate name shall not contain the word �cooperative.�

�� (3) A corporate name shall be written in the alphabet used to write the English language and may include Arabic and Roman numerals and incidental punctuation.

�� (4) A corporate name shall be distinguishable upon the records of the office from any other corporate name, professional corporate name, nonprofit corporate name, cooperative name, limited partnership name, business trust name, reserved name, registered corporate name or assumed business name of active record with the office.

�� (5) The corporate name need not satisfy the requirement of subsection (4) of this section if the applicant delivers to the office a certified copy of a final judgment of a court of competent jurisdiction that finds that the applicant has a prior or concurrent right to use the corporate name in this state.

�� (6) The provisions of this section do not prohibit a corporation from transacting business under an assumed business name.

�� (7) The provisions of this section do not:

�� (a) Abrogate or limit the law governing unfair competition or unfair trade practices; or

�� (b) Derogate from the common law, the principles of equity or the statutes of this state or of the United States with respect to the right to acquire and protect trade names. [1987 c.52 �26]

�� 60.097 Reserved name. (1) A person may apply to the Secretary of State to reserve a corporate name. The application must set forth the name and address of the applicant and the name the applicant intends to reserve.

�� (2) If the Secretary of State finds that the corporate name applied for conforms to ORS

ORS 603.992

603.992, 604.005 to 604.071, 604.640, 604.650 and 604.992:

�� (a) The department shall issue its written notice of detention, seizure or embargo to the person in possession of the hides or livestock, directing them to be held subject to further order of the department and any detention, seizure or embargo shall be subject to the contested case provisions of ORS chapter 183. The issuance of a notice of detention, seizure or embargo to a livestock carrier shall relieve such carrier from liability for any loss or damage resulting from the detention, seizure or embargo.

�� (b) If the department cannot determine from its investigation who is the owner or person entitled to possession of hides or livestock, it may handle and dispose of the hides and livestock in the same manner as provided for the handling and disposition of estray animals under ORS chapter 607. In the event the livestock is determined by an assistant state veterinarian or deputy state veterinarian to be diseased, disabled or dying so as to be unsalable, the department may order its immediate condemnation in lieu of handling and disposition under ORS chapter 607, and any salvage value recovered by the department from the sale of carcasses or hides shall be disposed of in the same manner as impounded sales proceeds of an unknown owner under subsection (2) of this section.

�� (c) During an investigation to determine the owner or person entitled to possession of hides or livestock, the department may authorize the hides or livestock to be moved and retained in another location, but the hides or livestock shall not be moved therefrom without a written order issued by the department and then shall only be moved or handled in accordance with the terms of such order.

�� (d) If the hides or livestock are brand inspected at a livestock auction market, slaughtering establishment or other sales facility where the hides or livestock are destined for sale, the department may permit the sale of the hides or livestock and impound the proceeds of the sale in lieu of detaining, seizing or embargoing the hides or livestock. After the department impounds the sales proceeds, the department shall issue a written notice of impoundment to the seller of the hides or livestock, directing that the sales proceeds remaining after the seller has deducted sales charges be retained by the seller subject to further order of the department for up to 15 days, at which time the sales proceeds shall be remitted by the seller to the department. The sales proceeds received by the department from the seller are not public funds of the state but rather are held by the department in trust for the person determined to be the owner or entitled to possession of the hides or livestock sold.

�� (2) If the department impounds sales proceeds under subsection (1)(d) of this section, the department shall give written notice of the impoundment to all known claimants to the sales proceeds, hides or livestock at the last-known addresses thereof, and set forth that the sales proceeds shall be subject to proof of claim for a period of 60 days from the date of the notice of impoundment, during which the claimants may submit their proofs of claim to the department. Within 30 days after expiration of the time within which proofs of claim may be submitted, the department shall review the data submitted, investigate the claims and render a written notice of determination to the persons having submitted proofs of claim. The determination of the department shall be a final order and subject to judicial review under ORS 183.484, and if there is more than one claimant, payment of sales proceeds may not be made until the expiration of the time within which judicial review may be had. Any impounded sales proceeds that cannot be paid to persons under this section within one year of impoundment cease to be trust funds and become part of the state�s public funds continuously appropriated to the department for carrying out the provisions of ORS 561.144, 577.512, 599.205, 599.269, 599.273, 599.610, 603.015, 603.034,

ORS 604.051

604.051 (1).

�� (5) In lieu of the brand inspection and the issuance of a brand inspection certificate required by subsection (1) of this section:

�� (a) Cattle that are transported to any slaughterhouse in this state from any place outside this state, if entering this state may be accompanied by a brand inspection certificate or similar document issued by the other state, provided that such other state has brand inspection comparable to the inspection of this state; or

�� (b) Cattle, in lots not to exceed 15 head, presented by one person for slaughter at a slaughterhouse may be accompanied by a special slaughterhouse certificate issued by the department for which a fee, equal to the brand inspection fee established by the department under ORS 604.066 (2), has been paid.

�� (6) Brand inspection at slaughtering establishments or other facilities where cattle are slaughtered or cattle hides are received, may be required of cattle hides under a system established by the department in accordance with the provisions of ORS chapter 183. In establishing any system authorized by this subsection, the department shall consider theft or ownership problems associated with slaughtered cattle, the economic feasibility of carrying out the system, the attitudes of the affected members of the cattle industry of this state, the volume of slaughtered cattle within the state or within specific areas of the state, and the laws and regulations of the United States. Any system established under this subsection may include:

�� (a) The designation of geographic, regional or political areas within the state in which cattle hide inspection is required;

�� (b) The use of tags, stamps or other devices evidencing ownership of the cattle slaughtered; and

�� (c) The methods, locations and times for cattle hide inspection.

�� (7) By written agreement with the appropriate agencies in the States of California, Nevada, Idaho or Washington, the department may recognize brand inspections performed in any of such other states in lieu of the brand inspections required by this chapter. Any such agreement shall provide that recognition of brand inspections of any such other state shall be effective only while brand inspections performed pursuant to this chapter are recognized in such other state. [1981 c.248 �9; 1983 c.102 �1; 1985 c.262 �2; 1987 c.348 �1; 1991 c.660 �3; 2007 c.229 �2; 2021 c.563 �3]

�� 604.047 Contract to perform brand inspection services; rules. (1) Notwithstanding any other provision of ORS chapter 599 or 604, the State Department of Agriculture may enter into a contract with a qualified person to perform brand inspection services on behalf of the department.

�� (2) Without limiting other terms of a contract described in this section, a person performing brand inspection services on behalf of the department must:

�� (a) Comply with the standards, procedures and requirements established by the department in rule, in the contract or in both rule and contract; and

�� (b) Pay the department fees at levels sufficient for the department to fully recover the costs incurred by the department for developing, administering and enforcing a contract described in this section.

�� (3) The department may adopt rules to implement this section. [2025 c.468 �4]

�� Note: 604.047 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 604 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 604.048 Brand self-inspection program; revocation of privileges; fees; rules. (1) Notwithstanding any other provision of ORS chapter 604, the State Department of Agriculture may establish a self-inspection program that allows an owner to conduct brand inspections on the owner�s livestock, subject to the requirements of this section.

�� (2) A person is eligible to participate in the self-inspection program if:

�� (a) The person is the sole owner of the livestock and holds a brand registered with the department under ORS 604.027;

�� (b) The self-inspection applies only to livestock transactions or movements involving 25 or fewer head per event within a 24-hour period; and

�� (c) The owner complies with all rules adopted by the department for participation in the program.

�� (3) The department may revoke, suspend or deny self-inspection privileges if the owner engages in gross negligence, willful misconduct or repeated violations of this section or any rule adopted under this section. A person whose self-inspection privileges are revoked, suspended or denied under this subsection may submit a written request for reconsideration to the department within a period established by the department by rule.

�� (4) The department shall establish fees for participation in the self-inspection program in amounts sufficient for the department to recover the department�s administrative, enforcement and oversight costs.

�� (5) The department may adopt rules to implement this section. [2025 c.468 �5]

�� Note: 604.048 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 604 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 604.050 [Amended by 1953 c.358 �15; 1961 c.267 �3; repealed by 1967 c.129 �19]

�� 604.051 Method of proof of ownership; inspection certificate. (1) Whenever livestock or hides are subject to brand inspection under ORS 604.046, the person in possession shall submit evidence of ownership or right to possession of the livestock or hides at the request of the State Department of Agriculture. The evidence may consist of any documents and statements that tend to establish such ownership or right to possession. The prima facie character of a recorded brand and the disputable presumption against unrecorded brands set forth in ORS 604.035 (2), shall be given recognition by the department.

�� (2) The department shall examine livestock or hides, review any evidence submitted pursuant to subsection (1) of this section and otherwise perform brand inspection to determine whether the person in possession is the owner or lawful possessor thereof. Except for brand inspections made under ORS 604.046 (4), if the department determines the person is the owner or lawful possessor, it shall issue an appropriate brand inspection certificate. However, if the department determines there is a question of ownership or right to possession of the livestock or hides, or if the person in possession of the livestock or hides fails to submit the evidence requested under subsection (1) of this section, the department shall refuse to issue its brand inspection certificate and may undertake any of the actions described in ORS 604.056. [1981 c.248 �10]

�� 604.056 Seizure of hides or livestock; procedure; investigation; disposition; impoundment of sales proceeds. (1) The State Department of Agriculture may detain, seize or embargo hides or livestock in carrying out and enforcing the provisions of ORS 561.144, 577.512,

ORS 604.071

604.071, 604.640, 604.650 and 604.670 or the administrative rules promulgated thereunder;

�� (2) While marking livestock on the ear, either cut, mark or remove more than one-half of the ear;

�� (3) Except for the normal sheepshearing process, cut, burn or otherwise obliterate or disfigure the brand, earmark, dewlap or other distinguishing characteristics upon hides or livestock;

�� (4) Purchase, sell or hold for sale any hides or livestock in the condition described in subsection (3) of this section;

�� (5) As a custom slaughterer, fail to identify livestock hides and the persons from whom they were obtained;

�� (6) Apply an unrecorded brand on livestock;

�� (7) Use a recorded brand or similar design on livestock unless the person is the current recorded holder of the brand, or use a brand recorded in another state, except in accordance with rules adopted by the State Department of Agriculture;

�� (8)(a) Transport cattle out of this state without a brand inspection certificate having been issued to the person presenting the cattle for transport;

�� (b) Fail to have a document identifying each load of transported cattle as a part of the cattle described on the brand inspection certificate accompanying each load; or

�� (c) Fail to deliver the brand inspection certificate to the consignee upon the transported cattle reaching the intended destination;

�� (9) Refuse to permit the department to inspect hides or livestock, or refuse to permit hides or livestock to be sheared or otherwise handled so as to enable the department to determine the brands thereon;

�� (10) Knowingly make or issue any false, misleading or incomplete certificate, affidavit, application, proof of claim, document of title or other written instrument required or allowed under the provisions of ORS 604.005 to 604.071, 604.640,

ORS 604.992

604.992, including supervision of brand inspectors. In addition, the department may authorize and direct livestock police officers or investigative officers to administer and enforce other laws under the jurisdiction of the department. Brand inspectors, livestock police officers and investigative officers are empowered to carry out the activities of peace officers and police officers, as set forth in ORS chapter 133. They may be furnished uniforms, identification badges, emergency vehicles and other equipment appropriate to carrying out investigative and law enforcement activities. [1981 c.248 �3; 2003 c.604 �106]

�� 604.020 [Amended by 1953 c.358 �15; 1959 c.396 �1; 1961 c.267 �1; repealed by 1967 c.129 �19]

�� 604.021 State Department of Agriculture exclusive recorder of brands; nonrecordable brands; exceptions; authority. (1) The State Department of Agriculture shall be the exclusive recorder of livestock brands. The department may not record:

�� (a) A brand consisting of three or more letters or three or more figures, or any combination thereof, on the shoulders of cattle or on other locations specified by the department;

�� (b) A painted brand unless composed of numbers, letters or symbols, or a combination thereof; or

�� (c) Similar brands to more than one person.

�� (2) The proscription set forth in subsection (1)(a) of this section does not prohibit the continued use of any such brands that were previously recorded. Also, such letters and figures may be used on the shoulders of cattle or other locations approved by the department by the owners thereof for the purposes of identifying breed, breed registry, rodeo or show registry, age or similar characteristics, but may not be so used as to conflict with or be confused with a recorded brand.

�� (3) The department is authorized to modify, rescind or refuse the recording of any brands that are conflicting or that the department believes will blotch, and make any changes in brands deemed necessary to resolve a conflict or correct a design imperfection. Notwithstanding ORS chapter 183, any such modification, change, rescission or refusal of the department may be made by written notice to affected persons and shall be a final order of the department. [1981 c.248 �4; 2003 c.140 �1]

�� 604.022 [1967 c.129 �3; 1973 c.430 �1; 1975 c.574 �2; 1977 c.175 �1; repealed by 1981 c.248 �20]

�� 604.027 Application to record brand; certification; renewal; fees; rules. (1) A person desiring to record a brand on any species of livestock shall submit a written and signed application therefor to the State Department of Agriculture, setting forth a facsimile and description of the brand, the species of livestock upon which it will be used and the specific intended location on the animal. The application must be accompanied by a brand conflict research fee of $25 for each brand on each species of livestock on which the brand is to be used. The person must also pay an activation fee matching the cycle set for the approved brand under subsection (4) of this section prior to recordation of the brand. The activation fee may not exceed $200. Upon receipt of an application and the required fees, if the department determines that the brand applied for is available, the department shall issue a certificate of recordation of the distinctive brand, the approved location on the animal and the species of livestock to which it applies.

�� (2) During September of each year the department shall attempt to notify all holders of an expiring recorded brand of the need to renew the brand. The department shall attempt the notification by sending a renewal notice to the holder�s last address as shown on the department�s records. The holder of a recorded brand may renew the brand by submitting to the department a brand renewal fee for each brand on each species of livestock on which the brand is to be used. The brand renewal fee may not exceed $200. However, if the species of livestock is sheep, the fee may not exceed $50.

�� (3) A recorded brand expires if the department does not receive the brand renewal fee by January 4 next following the attempt to notify the brand holder of the need to renew the brand. Within 60 days after a brand expires, the department shall give written notice of the expiration by mail addressed to the person who held the expired brand at the last address shown on the department�s records. The fee to activate an expired brand is equal to the brand conflict research fee plus a renewal fee. If the person fails to activate the expired brand within one year after expiration of the brand, the brand is considered abandoned and any person may apply for recordation and use of that brand.

�� (4) When issuing or renewing a brand recordation, the department shall adjust certificate expiration dates as necessary to ensure that an approximately equal number of brand recordations expire in each year of a four-year cycle. The department shall prorate a brand renewal fee to reflect an adjustment of a certificate expiration date.

�� (5) Except as otherwise provided in this section, the department shall establish the amount of brand activation fees and brand renewal fees by rule. [1981 c.248 �5; 1985 c.262 �1; 1991 c.660 �2; 2003 c.575 �1; 2021 c.563 �1; 2025 c.468 �1]

�� 604.030 [Repealed by 1967 c.129 �19]

�� 604.032 [1967 c.129 �4; repealed by 1981 c.248 �20]

�� 604.035 Property rights applicable to recorded brand; transferability; evidence of ownership or right of possession. (1) The brand recorded or renewed under ORS 604.027 is the exclusive property right of the holder thereof, and the holder has exclusive right to use the brand in accordance with its recordation. The holder may transfer the recorded brand by sale, assignment or otherwise and may bequeath the brand by will or subject to the laws of descent and distribution as personal property.

�� (2) Proof of a recorded brand is prima facie evidence of the ownership or right to possession of livestock upon which the brand is used in all civil or criminal actions and suits involving an issue of ownership or right to possession of such livestock. Parol evidence is inadmissible to prove a person is a holder of a recorded brand. Evidence of ownership or right to possession of livestock by Oregon brands thereon is inadmissible unless the brands are recorded, and a disputable presumption of ownership arising from possession, common reputation or the exercise of an act of ownership shall prevail. [1981 c.248 �6; 2003 c.575 �2]

�� 604.036 Copy of recordation certificate; brand books. Upon recording of a brand under ORS 604.027, the State Department of Agriculture may:

�� (1) Issue a certified copy of its certificate of recordation upon the payment of a fee therefor to be established by the department; and

�� (2) Periodically publish brand books or supplements thereto, and distribute them upon payment of a fee to be established by the department sufficient to cover its costs therefor. [1981 c.248 �7]

�� 604.040 [Amended by 1953 c.358 �15; 1961 c.267 �2; repealed by 1967 c.129 �19]

�� 604.041 Transfer of recorded brand; transfer fee. (1) Except as provided in subsection (2) of this section, in order to transfer a recorded brand by sale, assignment or otherwise, the transferor shall submit a written, signed and witnessed document of transfer to the State Department of Agriculture, accompanied by an application of the transferee as prescribed in ORS 604.027 (1), accompanied by a brand transfer fee, not to exceed $50. Upon determining that the brand transfer documents are in order, the department shall issue its certificate of recordation to the transferee.

�� (2)(a) As used in this subsection, �interested person� means any of the following:

�� (A) The person who has been appointed by a court to serve as personal representative of the decedent�s estate;

�� (B) The affiant under a simple estate affidavit described in ORS 114.515; or

�� (C) If no probate or simple estate proceeding has been initiated for the administration of the decedent�s estate, a person entitled by the laws of descent and distribution to have the brand recorded to the person.

�� (b) In the event of the death of a holder of a recorded brand, the department may transfer the recorded brand as provided in this subsection.

�� (c) No later than six months following date of death of a holder of a recorded brand, an interested person may request the transfer of the recorded brand by submitting to the department an application prescribed in ORS 604.027 (1), the brand transfer fee prescribed in subsection (1) of this section and:

�� (A) If the interested person is the personal representative of the decedent�s estate, a certified copy of the letters testamentary or letters of administration;

�� (B) If the interested person is an affiant of a simple estate affidavit filed under ORS

ORS 608.310

608.310. This shall be recovered as other penalties are recovered and paid into the State Treasury.

�� (2) If a person neglects or refuses to comply with ORS 608.310 to 608.330, the Attorney General or prosecuting attorney of the proper county may, by mandamus, compel compliance with such sections.

�� (3) The provisions of ORS 608.310 to 608.330 are cumulative to existing remedies. [Amended by 1995 c.733 �47]

�� 608.330 Leaving gate open. (1) No person shall intentionally or negligently leave open or unfastened any farm crossing gate, or let down and leave down any bars of any railroad fence.

�� (2) Justices of the peace have original jurisdiction for violations of this section.

�� 608.340 Liability of railroad for killing or injuring stock. Any person, or the lessee or agent of the person, owning or operating any railroad, is liable for the value of any horses, mules, colts, cows, bulls, calves, hogs or sheep killed, and for reasonable damages for any injury to any such livestock upon or near any unfenced track of any railroad in this state, whenever the killing or injury is caused by any moving train, engine or cars upon such track.

�� 608.350 Fences sufficient to relieve railroad of liability. No railroad track shall be deemed to be fenced within the meaning of ORS 608.340 unless it is guarded by such fence against the entrance thereon of any livestock on either side of the track, and not more than 100 feet from the track. Whatever is a lawful fence in the county where the killing or injury occurs, and no other, shall be deemed a lawful fence under ORS 608.340. However, complete natural defenses against the entrance of stock upon the track, such as natural walls or deep ditches, shall be deemed to be a fence under such section, when it, in connection with other and ordinary lawful fences, forms a continuous guard and defense against the entrance of such livestock upon the track.

�� 608.360 When railroad�s negligence is presumed; contributory negligence and willful intent as defense. In every action for the recovery of the value of any livestock killed, or for damages for injury to any livestock, under ORS 608.340, proof of such killing or injury shall of itself be deemed conclusive evidence in any court of this state of negligence upon the part of the person, or the lessees or agents of the person, owning or operating such railroad. Contributory negligence on the part of the plaintiff in such action may be set up as a defense, but allowing stock to run at large upon common unfenced range or upon enclosed land owned or in possession of the owner of such stock shall not be deemed contributory negligence. In any such action, proof of willful intent on the part of the plaintiff to procure the killing or injury of such stock shall defeat the recovery of any damages for such killing or injury.

�� 608.370 Service of process on agent. In any action authorized by ORS 608.340, service of summons or any other necessary process may be made upon any person, or the lessees or agents of the person, owning or operating any railroad, by personal service upon any authorized agent thereof, residing or stationed in the county where such action is brought.

�� 608.380 Notice of stock injured or killed. Whenever any livestock mentioned in ORS 608.340 is killed or injured by a moving train or engine upon the unfenced railroad track of any railroad in this state, the owner, operator, lessee or agent of the railroad shall immediately notify or cause notice to be given to the sheriff of the county where the accident occurred, and within a reasonable time shall deliver to the sheriff a written description of the livestock so killed or injured, including brands, earmarks and any marks of ownership, and a statement of the condition of or extent and nature of injuries to the livestock.

�� 608.390 Notifying brand inspector. Upon receipt of the information mentioned in ORS 608.380, the sheriff shall immediately notify the nearest brand inspector and deliver the written statement to the inspector.

�� 608.400 Inspection of injured livestock and notice to owner. When notified of the killing or injury of livestock under the circumstances described in ORS 608.380, the brand inspector or sheriff shall go to the scene of the accident, examine any identifying marks and, if the ownership of the livestock is determined, notify the owner. If the owner remains unknown, the sheriff shall cause publication in a county newspaper of a description of the livestock and the facts of the accident.

FENCING AGAINST HOGS

�� 608.510 Fencing against hogs. The owner or occupant of premises is not required to fence against hogs. No owner or person entitled to the possession of a hog shall permit it to run at large or upon the property of another person.

�� 608.520 [Repealed by 1957 c.476 �4]

�� 608.530 [Repealed by 1957 c.476 �4]

�� 608.540 [Repealed by 1957 c.476 �4]

PENALTIES

�� 608.990 Penalties. (1) Violation of ORS 608.330 is a Class C misdemeanor.

�� (2) Violation of ORS 608.380 is a Class A violation.

�� (3) Violation of ORS 608.510 is a Class D violation. [Amended by 1957 c.476 �3; 1999 c.1051 �207; 2011 c.597 �247]

ORS 609.098

609.098.

�� (2) The keeper of a dog in a county or city that is subject to ORS 609.030 and 609.035 to 609.110 maintains a public nuisance if the dog commits an act described under subsection (1) of this section. Maintaining a dog that is a public nuisance is a violation.

�� (3) A keeper of a dog maintains a public nuisance if the keeper fails to comply with reasonable restrictions imposed under ORS 609.990 or if a keeper fails to provide acceptable proof of compliance to the court on or before the 10th day after issuance of the order imposing the restrictions. If the court finds the proof submitted by the keeper unacceptable, the court shall send notice of that finding to the keeper no later than five days after the proof is received.

�� (4) Any person who has cause to believe a keeper is maintaining a dog that is a public nuisance may complain, either orally or in writing, to the county or city. The receipt of any complaint is sufficient cause for the county or city to investigate the matter and determine whether the keeper of the dog is in violation of subsection (2) or (3) of this section. [1973 c.655 �2; 1977 c.802 �7; 1999 c.658 �8; 1999 c.756 �18; 2001 c.636 �9; 2001 c.926 �15; 2005 c.840 �7; 2011 c.607 �16]

�� 609.097 [1975 c.499 �4; 1999 c.658 �9; 2001 c.636 �10; repealed by 2005 c.840 �9]

�� 609.098 Maintaining dangerous dog. (1) As used in this section, �dangerous dog� means a dog that:

�� (a) Without provocation and in an aggressive manner inflicts serious physical injury, as defined in ORS 161.015, on a person or kills a person;

�� (b) Acts as a potentially dangerous dog, as defined in ORS 609.035, after having previously committed an act as a potentially dangerous dog that resulted in the keeper being found to have violated ORS 609.095; or

�� (c) Is used as a weapon in the commission of a crime.

�� (2) A person commits the crime of maintaining a dangerous dog if the person is the keeper of a dog and the person, with criminal negligence, fails to prevent the dog from engaging in an act described in subsection (1) of this section.

�� (3) Maintaining a dangerous dog is punishable as described in ORS 609.990. [2005 c.840 �2]

�� Note: 609.098 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 609 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 609.100 Dog licenses, tags and fees; exemptions. (1) In a county or city having a dog control program under ORS 609.030, 609.035 to 609.110 and 609.405, every person keeping a dog that has a set of permanent canine teeth or is six months old, whichever comes first, shall procure a license for the dog. The license must be procured by paying a license fee to the county in which the person resides not later than March 1 of each year or within 30 days after the person becomes keeper of the dog. However, the county governing body may provide for dates other than March 1 for annual payment of fees. The fee for the license shall be determined by the county governing body in such amount as it finds necessary to carry out ORS 609.035 to 609.110. A license fee shall not be less than $25 for each dog, except that the fee shall not be less than $3 for each spayed female or neutered male dog for which a veterinarian�s certificate of operation for the spaying or neutering of the dog is presented to the county. If the person fails to procure a license within the time provided by this section, the county governing body may prescribe a penalty in an additional sum to be set by the governing body.

�� (2) The county shall, at the time of issuing a license, supply the licensee, without charge, with a suitable identification tag, which shall be fastened by the licensee to a collar and kept on the dog at all times when not in the immediate possession of the licensee.

�� (3) The license fees in subsection (1) of this section do not apply to dogs that are considered inventory under ORS 307.400 and are not permitted to run at large. The county governing body may establish a separate license for dogs that cease to be considered inventory under ORS 307.400, the fee for which shall not exceed $5 per dog.

�� (4) A license fee is not required to be paid for any dog kept by a person who is blind and who uses the dog as a guide. A license shall be issued for such dog upon the filing by the person who is blind of an affidavit with the county showing that the dog qualifies for exemption.

�� (5) The county shall keep a record of dog licenses.

�� (6) Notwithstanding any other provision of this section or ORS 609.015, when the keeper of a dog obtains a license for the dog, that license is valid and is in lieu of a license for the dog required by any other city or county within this state, for the remainder of the license period:

�� (a) If the keeper of the dog changes residence to a city or county other than the city or county in which the license was issued; or

�� (b) If the keeper of the dog transfers the keeping of the dog to a person who resides in a city or county other than the city or county in which the license was issued. [Amended by 1953 c.27 �2; 1959 c.374 �1; 1969 c.677 �1; 1973 c.655 �4; 1977 c.189 �10; 1977 c.802 �8; 1987 c.240 �1; 1999 c.658 ��10,10a; 2001 c.753 �13; 2007 c.70 �280; 2011 c.607 �17; 2015 c.292 �2]

�� 609.105 Exemption for assistance animals. Notwithstanding ORS 609.015 or 609.100, a county or city shall not charge a fee to license a dog used as an assistance animal as defined in ORS 659A.143. [1979 c.366 �1; 1991 c.67 �155; 1999 c.658 �11; 2001 c.104 �238; 2013 c.530 �8]

�� 609.110 Dog License Fund. All funds derived under ORS 433.340 to 433.385 and 609.035 to 609.110 shall be turned over to the county treasurer, who shall keep them in a fund to be known as the Dog License Fund, to be expended as provided for by law. At the end of a fiscal year any amount of money in the fund determined by the county governing body to be in excess of the requirements of the Dog License Fund may be placed in the general fund of the county. [Amended by 1963 c.309 �1; 1969 c.677 �2; 1973 c.655 �5; 1977 c.189 �11]

LIABILITY OF DOG KEEPER

�� 609.115 Liability for injury or property damage caused by potentially dangerous dog. (1) As used in this section, �keeper� and �potentially dangerous dog� have the meanings given those terms in ORS

ORS 609.415

609.415, that:

�� (A) Is a nonprofit organization that operates out of a physical building, with a published address, that is open to the public at least five days per week; or

�� (B) Is designated by a county or municipal animal control agency by contract to accept, hold or dispose of cats on behalf of the county or municipality.

�� (b) �Cat� means a member of the species Felis catus or a hybrid of that species.

�� (c) �Nonprofit organization� means an organization described in section 501(c)(3) of the Internal Revenue Code that is exempt from income tax under section 501(a) of the Internal Revenue Code.

�� (2) An animal holding agency, or the employee, volunteer or other agent acting on behalf of an animal holding agency, that takes possession of, keeps or disposes of a cat as provided in this section is immune from civil liability for conduct described in this section.

�� (3) Upon taking possession of a cat, an animal holding agency shall:

�� (a) Record the identity and contact information for the person who transferred the cat to the animal holding agency; and

�� (b) Verify whether the person who transferred the cat to the animal holding agency believes the cat is unowned, stray or abandoned.

�� (4) If the person who transferred a cat to the animal holding agency believes the cat is unowned, stray or abandoned, the animal holding agency:

�� (a)(A) Shall keep the cat in a facility operated by the animal holding agency that meets the requirements established by the State Department of Agriculture by rule for that type of facility; or

�� (B) May keep the cat in a foster program operated by the animal holding agency, if the cat is pregnant, nursing or neonatal;

�� (b) Shall, within 24 hours of taking possession of the cat, post on the animal holding agency�s website a description and photograph of the cat and the location and date the cat was found;

�� (c) Shall report to the municipal animal control agency in the area where the cat was found; and

�� (d) Shall take other reasonable steps to notify the owner of the cat that the animal holding agency has possession of the cat, including providing notice as described in subsection (6) of this section, as applicable.

�� (5)(a) An animal holding agency shall keep a cat in accordance with the following minimum holding periods:

�� (A) If the cat is without a license, identification tag or microchip, at least three business days, or a longer period of time if required by a local ordinance.

�� (B) If the cat has a license, identification tag or microchip, at least five business days, or a longer period of time if required by a local ordinance.

�� (b) For purposes of this subsection, a business day is a day the animal holding agency is open to the public.

�� (6) If an animal holding agency is able to identify the owner of a cat, the animal holding agency shall, as soon as is practicable, provide notice to the owner that includes:

�� (a) The address of the facility where the cat is being kept;

�� (b) The procedures for redeeming the cat, including any reasonable fees established by the animal holding agency; and

�� (c) The consequences for failure to timely redeem the cat.

�� (7) Notwithstanding ORS 98.005, if the owner of a cat does not redeem the cat during the holding period required by subsection (5) of this section, and the animal holding agency provided notice as required by subsection (6) of this section, if the animal holding agency was able to identify the owner, the animal holding agency shall be the owner of the cat after the expiration of the holding period.

�� (8) Upon taking ownership of a cat as described in subsection (7) of this section, an animal holding agency may dispose of the cat through any lawful means, including but not limited to offering the cat for adoption, transferring the cat to another agency or euthanizing the cat.

�� (9)(a) An animal holding agency shall provide any necessary medical care, including humane euthanasia, as determined by a licensed veterinarian, to a cat during the holding period described in subsection (5) of this section.

�� (b) An animal holding agency shall provide species-appropriate preventative health care, as directed by a licensed veterinarian, including implementing protocols that strengthen resistance to disease and minimize exposure to disease.

�� (10) An animal holding agency shall keep, for a period of at least one year, all records required by ORS 609.415 applicable to a cat that an animal holding agency keeps or makes disposition of under this section, as well as a record of the location where a cat was found and the name and address, if known, of the individual who found the cat. [2025 c.159 �2]

ANIMAL DEALERS

�� 609.500 Definitions for ORS 609.500 to 609.520 and 609.994. As used in ORS 609.500 to 609.520 and 609.994, unless the context requires otherwise:

�� (1) �Animal control officer� means any person operating under the authority of this state, any unit of local government or the United States Government or pursuant to an agreement with any state or local government authority, for the purpose of:

�� (a) Providing shelter and other care for lost, homeless or injured animals;

�� (b) Serving as an information center concerning missing and found animals;

�� (c) Protecting the public from hazardous or insanitary conditions associated with animals that are running at large; or

�� (d) Protecting animals from neglect, cruelty or abuse.

�� (2) �Animal dealer� means any person, whether or not duly licensed or registered under state or federal law, who acquires or maintains possession of a dog or cat with the intention of selling the animal to another person, but does not include:

�� (a) Any research facility, retail pet store, animal control agency or animal shelter;

�� (b) Any person who sells the person�s companion animal or the offspring of the companion animal;

�� (c) Any person who receives less than $250 per calendar year for the sale of animals;

�� (d) Any person who breeds or possesses animals solely for sale to research facilities and does not purchase or accept animals from the public or paid collectors;

�� (e) Any commercial breeder or distributor who sells animals exclusively for the purpose of private pet ownership;

�� (f) Any person who receives lost or injured animals for the exclusive purpose of rehabilitating the animals or placing them in private pet ownership;

�� (g) Any person who breeds or possesses dogs or cats for competition, exhibition, legal sporting events, search and rescue activity or police activity; or

�� (h) Any person licensed to practice veterinary medicine, surgery or dentistry under ORS chapter 686.

�� (3) �Animal shelter� means any person operating a facility in this or any other state for the purposes of:

�� (a) Providing shelter and other care for lost, homeless or injured animals;

�� (b) Serving as an information center concerning missing and found animals; or

�� (c) Protecting animals from neglect, cruelty or abuse.

�� (4) �Companion animal� means a dog or cat possessed by a person, business or other entity for purposes of companionship, security, hunting, herding or providing assistance in relation to a physical disability.

�� (5) �Person� means a human being, corporation, nonprofit corporation, association, partnership, sole proprietorship or other legal entity.

�� (6) �Research facility� means any person who:

�� (a) Investigates or gives instruction concerning the structure or functions of living organisms, the causes, prevention, control or cure of diseases or abnormal conditions of human beings or animals, or the effects of substances on human beings or animals; or

�� (b) Manufactures or sells products to be used in the prevention, control or cure of diseases or abnormal conditions of human beings or animals, or in the testing of the effects of substances on human beings or animals. [1991 c.837 �2]

�� 609.505 Unlawfully obtaining dog or cat. (1) A person commits the crime of unlawfully obtaining a dog or cat if the person:

�� (a) Is an animal dealer; and

�� (b) Obtains a companion animal or the offspring of a companion animal from a person who has not raised the companion animal or the offspring of the companion animal on the person�s own premises.

�� (2) Unlawfully obtaining a dog or cat is a Class A misdemeanor.

�� (3) It is an affirmative defense to a charge of violating subsections (1) and (2) of this section that an animal dealer, having received a companion animal or the offspring of a companion animal in violation of subsections (1) and (2) of this section, delivers the companion animal or the offspring of the companion animal to an animal shelter within 24 hours of acquisition. [1991 c.837 ��3,4]

�� 609.510 Animal dealers required to keep records; report to State Department of Agriculture; fee; public inspection of records. (1) Every animal dealer shall establish and maintain records on each dog or cat and the dog�s or cat�s offspring in the dealer�s possession or control, including:

�� (a) The species, gender, approximate age, color and distinctive markings and breed of the dog or cat;

�� (b) A photograph of the dog or cat made within 24 hours of acquisition or birth;

�� (c) The name, address and driver license number or other official state identification number of the person providing the dog or cat;

�� (d) The date of acquisition or birth of the dog or cat;

�� (e) The date and nature of disposition of the dog or cat; and

�� (f) The intended destination of the dog or cat at release.

�� (2) Within 24 hours of the acquisition or birth of a dog or cat in the possession of any animal dealer, the dealer shall forward, by first class mail or any more expeditious method, the information required by subsection (1) of this section to the State Department of Agriculture and a fee of $1 for each dog or cat reported.

�� (3) The department shall maintain the reports and provide for public inspection of, and telephone inquiries concerning, the reports during normal business hours. [1991 c.837 �5]

�� 609.515 Required period of possession of animal by dealer. Every animal dealer shall maintain possession of each dog or cat received for a period of at least 10 days after initial receipt of the dog or cat, unless the dealer:

�� (1) Returns the dog or cat to its rightful owner; or

�� (2) Delivers the dog or cat to an animal shelter. [1991 c.837 �6]

�� 609.520 Inspection of dealer records; procedure for obtaining animal held by dealer; penalty for failure to turn over animal; inspection of dealer facilities. (1)(a) An animal dealer shall permit inspection during normal business hours of companion animal records and the location at which companion animals are kept. The dealer may require documentation that a person seeking to inspect the location is the owner of a companion animal. When making the inspection, the person may be accompanied by an animal control officer. A person may demand inspection only if it is for the purpose of seeking the person�s own companion animal. A person is allowed no more than three inspections per week for up to six weeks following the disappearance of the person�s companion animal.

�� (b) The person may prove ownership of a companion animal by providing the dealer with:

�� (A) Photographs clearly showing the companion animal and any distinguishing markings;

�� (B) Licensing information;

�� (C) Veterinary records;

�� (D) Registration records;

�� (E) Microchip-implantation records; or

�� (F) Tattooing records.

�� (2)(a) When a person claims to be the owner of a companion animal being held by an animal dealer, the animal dealer shall:

�� (A) Upon proof of ownership and payment by the person of actual direct expenses incurred by the animal dealer in obtaining and caring for the dog or cat, turn the dog or cat over to the person; or

�� (B) If the animal dealer disputes the identification, or if the amount of expenses cannot be agreed upon, turn the dog or cat over to an animal shelter pending resolution of the dispute.

�� (b) If the person claiming to be the owner and the animal dealer cannot resolve the dispute within a reasonable length of time, the circuit court for the area in which the dog or cat is located may, upon petition, designate a third party to serve as an impartial adjudicator of the issue. The decision of the third party is final and the dog or cat shall be released accordingly. If the decision is in favor of the person claiming to be the owner, that person shall pay the animal dealer the amount of the actual direct expenses incurred by the animal dealer in obtaining and caring for the dog or cat while the dog or cat was in the possession of the animal dealer. The party losing the dispute shall pay the expenses incurred by the animal shelter in caring for the dog or cat during the pendency of the dispute. No filing or other fees shall apply to the petition to the circuit court. The court shall process the matter as informally and as expeditiously as possible.

�� (c) An animal dealer who fails to turn a dog or cat over as required by this subsection commits a Class A misdemeanor.

�� (3) Law enforcement officers or animal control officers may conduct routine inspections of animal dealer facilities during normal business hours to insure compliance with animal control statutes, ordinances and regulations. [1991 c.837 �7; 1995 c.658 �110]

REPORTING OF ANIMAL ABUSE OR NEGLECT

�� 609.650 Legislative findings. The Legislative Assembly finds that:

�� (1) There is a clear link between animal cruelty and crimes of domestic violence, including child abuse; and

�� (2) It is in the public interest to enact legislation to encourage the permissive reporting of animal cruelty. [2007 c.731 �1]

�� 609.652 Definitions for ORS 609.654. As used in ORS 609.654:

�� (1)(a) �Aggravated animal abuse� means any animal abuse as described in ORS 167.322.

�� (b) �Aggravated animal abuse� does not include:

�� (A) Good animal husbandry, as defined in ORS 167.310; or

�� (B) Any exemption listed in ORS 167.335.

�� (2) �Law enforcement agency� means:

�� (a) Any city or municipal police department.

�� (b) A police department established by a university under ORS 352.121 or 353.125.

�� (c) Any county sheriff�s office.

�� (d) The Oregon State Police.

�� (e) A law enforcement division of a county or municipal animal control agency that employs sworn officers.

�� (f) A humane investigation agency as defined in ORS 181A.340 that employs humane special agents commissioned under ORS 181A.340.

�� (3) �Public or private official� means:

�� (a) A physician, including any intern or resident.

�� (b) A dentist.

�� (c) A school employee.

�� (d) A licensed practical nurse or registered nurse.

�� (e) An employee of the Department of Human Services, Oregon Health Authority, Department of Early Learning and Care, Youth Development Division, the Oregon Youth Authority, a local health department, a community mental health program, a community developmental disabilities program, a county juvenile department, a child-caring agency as defined in ORS 418.205 or an alcohol and drug treatment program.

�� (f) A peace officer.

�� (g) A psychologist.

�� (h) A member of the clergy.

�� (i) A regulated social worker.

�� (j) An optometrist.

�� (k) A chiropractor.

�� (L) A certified provider of foster care, or an employee thereof.

�� (m) An attorney.

�� (n) A naturopathic physician.

�� (o) A licensed professional counselor.

�� (p) A licensed marriage and family therapist.

�� (q) A firefighter or emergency medical services provider.

�� (r) A court appointed special advocate, as defined in ORS 419A.004.

�� (s) A child care provider registered or certified under ORS 329A.250 to 329A.450.

�� (t) A member of the Legislative Assembly. [2007 c.731 �2; 2009 c.442 �42; 2009 c.595 �990; 2011 c.506 �44; 2011 c.703 �43; 2012 c.37 �66; 2012 c.67 �15; 2013 c.180 �48; 2013 c.623 �20; 2013 c.624 �35; 2015 c.736 �105; 2016 c.106 �54; 2021 c.631 �60; 2022 c.27 �18; 2023 c.554 �55]

�� 609.654 Public or private official reporting of aggravated animal abuse; immunity. (1) Notwithstanding ORS 40.225 to

ORS 62.992

62.992�� Penalty for signing false document

GENERAL PROVISIONS

(Short Title and Definitions)

�� 62.005 Short title. This chapter shall be known and may be cited as the �Oregon Cooperative Corporation Act.� [1957 c.716 �1]

�� 62.010 [Repealed by 1957 c.716 �76]

�� 62.015 Definitions. As used in this chapter, unless the context requires otherwise:

�� (1) �Anniversary� means the day each year exactly one or more years after:

�� (a) The date on which the Secretary of State files the articles of incorporation for a cooperative.

�� (b) The date on which the Secretary of State files an application for authority to transact business for a foreign cooperative.

�� (2) �Articles� means articles of incorporation, articles of conversion or articles of merger.

�� (3) �Board� means board of directors.

�� (4) �Cooperative� means a cooperative corporation that is subject to the provisions of this chapter.

�� (5) �Corporation� means a corporation that is not a cooperative.

�� (6) �Delivery� means a method of delivery that is used in conventional commercial practice and includes hand delivery, mail delivery, commercial delivery and electronic transmission.

�� (7) �Domestic limited liability company� means an entity that is an unincorporated association that has one or more members and that is organized under ORS chapter 63.

�� (8) �Domestic nonprofit corporation� means a corporation not for profit that is incorporated under ORS chapter 65.

�� (9) �Domestic professional corporation� means a corporation that is organized under ORS chapter 58 for the purpose of rendering professional services and for the purposes provided under ORS chapter 58.

�� (10) �Electronic signature� has the meaning given that term in ORS 84.004.

�� (11) �Electronic transmission� means a method of communicating information that:

�� (a) Does not directly involve a transfer of a physical object that embodies the communication; and

�� (b) Enables the recipient to store, retrieve and reproduce the information.

�� (12) �Foreign cooperative� means a cooperative corporation that is organized under laws other than the laws of this state.

�� (13) �Foreign corporation� means a corporation for profit that is incorporated under laws other than the laws of this state.

�� (14) �Foreign limited liability company� means an entity that is an unincorporated association organized under laws other than the laws of this state and that is organized under a statute under which an association may be formed that affords to each of the entity�s members limited liability with respect to liabilities of the entity.

�� (15) �Foreign nonprofit corporation� means a corporation not for profit that is organized under laws other than the laws of this state.

�� (16) �Foreign professional corporation� means a professional corporation that is organized under laws other than the laws of this state.

�� (17) �Member� means a person that is qualified and accepted for membership in a cooperative.

�� (18) �Membership stock� means any class of stock, continuous ownership of which is required for membership in a cooperative.

�� (19) �Negotiate� means to confer with another in order to come to terms.

�� (20) �Person� means an individual, corporation, association, firm, partnership, joint stock company, cooperative or foreign cooperative.

�� (21) �Shareholder� means a holder of shares of capital stock of a cooperative other than membership stock.

�� (22) �Signature� means a manual, facsimile, conformed or electronic signature. [1957 c.716 �2; 1963 c.492 �41; 1974 c.2 �4; 1987 c.94 �78; 1995 c.195 �1; 1999 c.362 �16; 2001 c.142 �1; 2001 c.315 �33; 2005 c.107 �2; 2009 c.14 �2; 2009 c.294 �5; 2015 c.113 �3]

�� 62.020 [Repealed by 1957 c.716 �76]

(Filing Documents)

�� 62.025 Filing requirements. (1)(a) For the Secretary of State to file a document under this chapter, the document must:

�� (A) Satisfy the requirements set forth in this section and any other requirements in this chapter that supplement or modify the requirements set forth in this section.

�� (B) Be a type of document that this chapter or another law requires or permits a person to file with the Secretary of State.

�� (C) Include the information this chapter requires.

�� (D) Be legibly written in the English language and in the alphabet used to write the English language, except as provided in subsection (3) of this section.

�� (E) Be delivered to the Secretary of State along with required fees. Delivery occurs only when the Secretary of State actually receives the document.

�� (b) The document may include:

�� (A) Information other than the information required under paragraph (a) of this subsection;

�� (B) Arabic or Roman numerals and incidental punctuation;

�� (C) The seal of the cooperative or foreign cooperative;

�� (D) An attestation by the secretary or an assistant secretary of the cooperative or foreign cooperative; or

�� (E) An acknowledgement, verification or proof.

�� (2)(a) A person that executes a document for filing under this section must be:

�� (A) The chairperson of the board of directors, the president or another officer of a cooperative or foreign cooperative;

�� (B) An incorporator, if directors of the cooperative or foreign cooperative have not been selected or if the document is presented for filing before an organizational meeting has occurred;

�� (C) A receiver, trustee or other court-appointed fiduciary, if the cooperative or foreign cooperative is subject to the control of the receiver, trustee or fiduciary; or

�� (D) An agent of a person identified in this paragraph, if the person authorizes the agent to execute the document.

�� (b) The person that executes the document shall state beneath or opposite the person�s signature the person�s name and the capacity in which the person signs.

�� (3)(a) If under ORS 62.045 the Secretary of State has prescribed a mandatory form for a document, including an electronic form, the document must be in or on the prescribed form.

�� 62.030 Filing, service, copying and certification fees. The Secretary of State shall collect the fees described in ORS 56.140 for each document delivered for filing under this chapter and for process served on the secretary under this chapter. The secretary may collect the fees described in ORS 56.140 for copying any public record under this chapter, certifying the copy or certifying to other facts of record under this chapter. [1987 c.94 �71; 1991 c.132 �4; 1995 c.195 �35; 1999 c.362 ��17,17a]

�� 62.035 Effective time and date of document. (1) Except as provided in subsection (2) of this section and ORS 62.040, a document accepted for filing is effective on the date it is filed by the Secretary of State and at the time, if any, specified in the document as its effective time or at 12:01 a.m. on that date if no effective time is specified.

�� (2) If a document specifies a delayed effective time and date, the document becomes effective at the time and date specified. If a document specifies a delayed effective date but no time, the document becomes effective at 12:01 a.m. on that date. A delayed effective date for a document may not be later than the 90th day after the date it is filed. [1987 c.94 �72; 1995 c.195 �36]

�� 62.040 Correcting filed document. (1) A cooperative may correct a document filed by the Secretary of State, other than an annual report, if the document contains an incorrect statement or was defectively executed, attested, sealed, verified or acknowledged.

�� (2) A cooperative shall correct a document by delivering articles of correction to the Office of Secretary of State. The articles shall include the following:

�� (a) A description of the document, including its filing date, or a copy of the document.

�� (b) The incorrect statement and the reason it is incorrect, or a description of the manner in which the execution, attestation, seal, verification or acknowledgment is defective.

�� (c) A correction of the incorrect statement or defective execution, attestation, seal, verification or acknowledgment.

�� 62.045 Forms; rules. Upon request, the Secretary of State may furnish forms for documents required or permitted to be filed by this chapter. The Secretary of State may by rule require the use of the forms. [1987 c.94 �70; 1995 c.215 �9]

�� 62.050 Filing duty of Secretary of State. (1) If a document delivered to the Office of Secretary of State for filing satisfies the requirements of ORS 62.025, the Secretary of State shall file it.

�� (2) The Secretary of State files a document by indicating thereon that it has been filed by the Secretary of State and the date of filing. After filing a document, except as provided in ORS 62.155 and 62.455, the Secretary of State shall return an acknowledgment of filing to the cooperative or its representative.

�� (3) If the Secretary of State refuses to file a document, the Secretary of State shall return it to the cooperative or its representative within 10 business days after the document was delivered together with a brief written explanation of the reason for the refusal.

�� (a) Affect the validity or invalidity of the document in whole or part; or

�� (b) Relate to the correctness or incorrectness of information contained in the document.

�� 62.055 Appeal from Secretary of State�s refusal to file document. If the Secretary of State refuses to file a document delivered to the Office of Secretary of State for filing, the cooperative, in addition to any other legal remedy that may be available, shall have the right to appeal from such order pursuant to the provisions of ORS 183.480. [1987 c.94 �75]

�� 62.060 Evidentiary effect of copy of filed document. (1) A certificate attached to a copy of a document filed by the Secretary of State, bearing the Secretary of State�s signature, which may be in facsimile, is conclusive evidence that the original document, or a facsimile thereof, is on file with the Office of Secretary of State.

�� (2) The provisions of ORS 56.110 apply to all documents filed pursuant to this chapter. [1987 c.94 �76]

�� 62.065 Certificate of existence. (1) Anyone may apply to the Secretary of State to furnish a certificate of existence for a cooperative.

�� (2) A certificate of existence when issued means that:

�� (a) The cooperative�s corporate name is registered in this state;

�� (b) The cooperative is duly incorporated under the law of this state;

�� (c) All fees payable to the Secretary of State under this chapter have been paid, if nonpayment affects the existence or authorization of the cooperative;

�� (d) An annual report required by ORS 62.455 has been filed by the Secretary of State within the preceding 14 months; and

�� (e) Articles of dissolution have not been filed by the Secretary of State.

�� (3) A person may apply to the Secretary of State to issue a certificate covering any fact of record.

�� (4) Subject to any qualification stated in the certificate, a certificate of existence or authorization issued by the Secretary of State may be relied upon as conclusive evidence that the domestic or foreign cooperative is in existence or is authorized to transact business in the state. [1987 c.94 �77; 1995 c.195 �37]

�� 62.110 [Repealed by 1957 c.716 �76]

SUBSTANTIVE PROVISIONS

�� 62.115 Purposes for which cooperatives may be organized. Cooperatives may be organized under this chapter for any lawful purpose or purposes, except for the purpose of banking or insurance. [1957 c.716 �3]

�� 62.120 [Repealed by 1957 c.716 �76]

�� 62.125 General powers. Each cooperative shall have power:

�� (1) To have perpetual succession unless a limited period of duration is stated in its articles.

�� (2) To sue and be sued, complain and defend, in its corporate name.

�� (3) To have a corporate seal which may be altered at pleasure, and to use the seal by causing it, or a facsimile thereof, to be impressed or affixed or in any other manner reproduced.

�� (4) To purchase, take, receive, lease, take by gift, devise or bequest, or otherwise acquire, own, hold, improve, use and otherwise deal in and with, real or personal property, or any interest therein, wherever situated.

�� (5) To sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise dispose of, all or any part of its property and assets.

�� (6) To purchase, take, receive, subscribe for, or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge, or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in, or obligations of, other domestic or foreign cooperatives and corporations, partnerships or individuals, or direct or indirect obligations of the United States or of any other government, state, territory, governmental district or municipality or of any instrumentality thereof.

�� (7) To make contracts and incur liabilities, borrow money at such rates of interest as the cooperative may determine, issue its notes, bonds, certificates of indebtedness and other obligations, issue certificates representing equity interests in its assets, and secure any of its obligations by mortgage or pledge of all or any of its property, franchises and income.

�� (8) To lend money for its corporate purposes, invest and reinvest its funds and take and hold real and personal property as security for the payment of funds so loaned or invested.

�� (9) To conduct its business and affairs and have offices and exercise its powers in any state, territory, district or possession of the United States, or in any foreign country.

�� (10) To elect or appoint officers and agents, and define their duties and fix their compensation.

�� (11) To make and alter bylaws, consistent with its articles and the laws of this state, for the administration and regulation of its affairs.

�� (12) To make donations for the public welfare or for charitable, scientific or educational purposes.

�� (13) To cease its activities and surrender its franchise.

�� (14) To have and exercise all powers necessary or convenient to effect any or all of the purposes for which the cooperative is organized. [1957 c.716 �4; 1981 c.542 �1]

�� 62.128 Reserved name. (1) A person may apply to the Office of Secretary of State to reserve a corporate name. The application must set forth the name and address of the applicant and the name proposed to be reserved.

�� (2) If the Secretary of State finds that the corporate name applied for conforms to ORS

ORS 63.992

63.992�� Liability for certain actions in connection with operation of shell entity; actions as false claim; enforcement by civil action

GENERAL PROVISIONS

(Definitions)

�� 63.001 Definitions. As used in this chapter:

�� (1) �Anniversary� means the day each year that is exactly one or more years after:

�� (a) The date on which the Secretary of State files the articles of organization for a domestic limited liability company.

�� (b) The date on which the Secretary of State files a foreign limited liability company�s application for authority to transact business in this state.

�� (2) �Articles of organization� means the document described in ORS 63.047 that forms a limited liability company, including articles of organization as the articles of organization may be amended or restated, articles of conversion and articles of merger.

�� (3) �Bankruptcy� means:

�� (a) A member�s assignment for the benefit of creditors;

�� (b) A member�s commencement of a voluntary bankruptcy case;

�� (c) Adjudication of a member as bankrupt or insolvent;

�� (d) A member�s filing of a petition or answer to seek for the member any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any statute, law or rule;

�� (e) A member�s filing of an answer or other pleading that admits or fails to contest the material allegations of a petition filed against the member in a bankruptcy procedure;

�� (f) Seeking, consenting to or acquiescing in the appointment of a trustee, receiver or liquidator of the member or of all or any substantial part of the member�s properties;

�� (g) A commencement of an involuntary bankruptcy case against a member that has not been dismissed on or before the 120th day after the commencement of the case;

�� (h) An appointment, without the member�s consent, of a trustee, receiver or liquidator either of the member or of all or any substantial part of the member�s properties that is not vacated or stayed on or before the 90th day after the appointment; or

�� (i) An appointment described in paragraph (h) of this subsection that is not vacated on or before the 90th day after the stay described in paragraph (h) of this subsection expires.

�� (4) �Contribution� means anything of value that a person contributes to the limited liability company as a prerequisite for or in connection with membership including cash, property or services rendered or a promissory note or other binding obligation to contribute cash or property or to perform services.

�� (5) �Corporation� or �domestic corporation� means a corporation for profit that is incorporated under ORS chapter 60.

�� (6) �Distribution� means a direct or indirect transfer of money or other property, except of a limited liability company�s own interests, or a limited liability company�s incurrence of indebtedness to or for the benefit of the limited liability company�s members in respect of a member�s interests, whether in the form of a declaration or payment of profits, a purchase, retirement or other acquisition of interests, a distribution of indebtedness, or otherwise.

�� (7) �Domestic nonprofit corporation� means a corporation not for profit that is incorporated under ORS chapter 65.

�� (8) �Domestic professional corporation� means a corporation that is organized under ORS chapter 58 for the purpose of rendering professional services and for the purposes provided under ORS chapter 58.

�� (9) �Entity� means a domestic or foreign limited liability company, corporation, professional corporation, foreign corporation, domestic or foreign nonprofit corporation, domestic or foreign cooperative corporation, profit or nonprofit unincorporated association, business trust, domestic or foreign general or limited partnership, two or more persons that have a joint or common economic interest, any state, the United States, a federally recognized Native American or American Indian tribal government or any foreign government.

�� (10) �Foreign corporation� means a corporation for profit that is incorporated under laws other than the laws of the state.

�� (11) �Foreign limited liability company� means an entity that is an unincorporated association organized under laws other than the laws of the state and that is organized under a statute under which an association may be formed that affords to each of the entity�s members limited liability with respect to the liabilities of the entity.

�� (12) �Foreign limited partnership� means a limited partnership formed under laws other than the laws of the state and that has as partners one or more general partners and one or more limited partners.

�� (13) �Foreign nonprofit corporation� means a corporation not for profit that is organized under laws other than the laws of the state.

�� (14) �Foreign professional corporation� means a professional corporation that is organized under laws other than the laws of the state.

�� (15) �Incompetency� means the entry of a judgment by a court of competent jurisdiction adjudicating the member incompetent to manage the member�s person or estate.

�� (16) �Individual� means a natural person.

�� (17) �Limited liability company� or �domestic limited liability company� means an entity that is an unincorporated association that has one or more members and is organized under this chapter.

�� (18) �Limited partnership� or �domestic limited partnership� means a partnership formed by two or more persons under ORS chapter 70 that has one or more general partners and one or more limited partners.

�� (19) �Manager� means a person, not necessarily a member, that the members of a manager-managed limited liability company designate to manage the limited liability company�s business and affairs.

�� (20) �Manager-managed limited liability company� means a limited liability company that is designated as a manager-managed limited liability company in the limited liability company�s articles of organization or the articles of organization of which otherwise expressly provide that a manager will manage the limited liability company.

�� (21)(a) �Member� means a person with both an ownership interest in a limited liability company and all the rights and obligations of a member specified under this chapter.

�� (b) �Member� does not include an assignee of an ownership interest that has not also acquired the voting and other rights appurtenant to membership.

�� (22) �Member-managed limited liability company� means a limited liability company other than a manager-managed limited liability company.

�� (23) �Membership interest� means a member�s collective rights in a limited liability company, including the member�s share of profits and losses of the limited liability company, the right to receive distributions of the limited liability company�s assets and any right to vote or participate in management.

�� (24) �Office,� when used to refer to the administrative unit directed by the Secretary of State, means the office of the Secretary of State.

�� (25) �Operating agreement� means any valid agreement, written or oral, of the member or members as to the affairs of a limited liability company and the conduct of the limited liability company�s business.

�� (26) �Organizer� means one of the signers of the initial articles of organization.

�� (27) �Party� includes an individual who was, is or is threatened to be made a named defendant or respondent in a proceeding.

�� (28) �Person� means an individual or entity.

�� (29)(a) �Principal office� means the physical street address of an office, in or out of this state, where the principal executive offices of a domestic or foreign limited liability company are located and designated in the annual report or in the application for authority to transact business in this state.

�� (b) �Principal office� does not include a mail forwarding business, a virtual office or a commercial mail receiving agency, except that a commercial mail receiving agency is a principal office if the physical street address of the principal executive offices of the domestic or foreign corporation is the same as the physical street address of the commercial mail receiving agency.

�� (30) �Proceeding� means any threatened, pending or completed action, suit or proceeding whether civil, criminal, administrative or investigatory and whether formal or informal.

�� (31) �Shell entity� means an entity that has the characteristics described in ORS 63.661 (1)(a)(C)(i).

�� (32) �State,� when referring to a part of the United States, means a state, commonwealth, territory or insular possession of the United States and the agencies and governmental subdivisions of the state, commonwealth, territory or insular possession.

�� (33) �United States� means the federal government and a district, authority, bureau, commission, department or any other agency of the United States. [1993 c.173 �2; 1995 c.93 �1; 1997 c.646 �1; 1999 c.86 �1; 1999 c.362 �28; 2001 c.315 �34; 2005 c.107 �3; 2009 c.14 �3; 2009 c.294 �6; 2017 c.705 �18; 2025 c.158 �3]

�� 63.002 Inclusion of limited liability companies and managers and members of limited liability companies in definitions. Unless the context otherwise requires, throughout Oregon Revised Statutes:

�� (1) Wherever the term �person� is defined to include both a corporation and a partnership, the term �person� shall also include a limited liability company.

�� (2) Wherever a section of Oregon Revised Statutes applies to both �partners� and �directors,� the section shall also apply:

�� (a) In a limited liability company with one or more managers, to the managers of the limited liability company.

�� (b) In a limited liability company without managers, to the members of the limited liability company.

�� (3) Wherever a section of Oregon Revised Statutes applies to both �partners� and �shareholders,� the section shall also apply to members of a limited liability company. [1995 c.93 �25]

(Filing Documents)

�� 63.004 Filing requirements. (1)(a) For the Secretary of State to file a document under this chapter, the document must:

�� (A) Satisfy the requirements set forth in this section and any other requirements in this chapter that supplement or modify the requirements set forth in this section.

�� (B) Be a type of document that this chapter or another law requires or permits a person to file with the Secretary of State.

�� (C) Include the information this chapter requires.

�� (D) Be legibly written in the English language and in the alphabet used to write the English language, except as provided in subsections (3) and (4) of this section.

�� (E) Be delivered to the Secretary of State along with required fees. Delivery occurs only when the Secretary of State actually receives the document.

�� (b) The document may include:

�� (A) Information other than the information required under paragraph (a) of this subsection;

�� (B) Arabic or Roman numerals and incidental punctuation;

�� (C) The seal of the limited liability company or foreign limited liability company;

�� (D) An attestation by the secretary or an assistant secretary of the limited liability company or foreign limited liability company; or

�� (E) An acknowledgement, verification or proof.

�� (2)(a) Unless otherwise specified in this chapter, a document that under this chapter must be filed with the Secretary of State must be executed in the following manner:

�� (A) Articles of organization must be signed by or on behalf of one or more persons that intend to form the limited liability company.

�� (B) At least one member or manager must sign articles of amendment and each annual report.

�� (C) A receiver, trustee or other court-appointed fiduciary, must sign a document if the limited liability company or foreign limited liability company is subject to the control of the receiver, trustee or fiduciary.

�� (D) An agent of a person identified in this paragraph may execute a document, if the person authorizes the agent to execute the document.

�� (b) The person that executes the document shall:

�� (A) Declare, above the person�s signature and under penalty of perjury, that the document does not fraudulently conceal, fraudulently obscure, fraudulently alter or otherwise misrepresent the identity of the person or any of the members, managers, employees or agents of the limited liability company or foreign limited liability company on behalf of which the person signs; and

�� (B) State beneath or opposite the person�s signature the person�s name and the capacity in which the person signs.

�� (3)(a) If under ORS 63.016 the Secretary of State has prescribed a mandatory form for a document, including an electronic form, the document must be in or on the prescribed form.

�� (c) For the purpose described in paragraph (b) of this section, the Secretary of State shall specify Spanish, Chinese, Vietnamese, Russian and Korean as the five languages that are most commonly spoken and written in this state by persons with limited proficiency in the English language. The Secretary of State shall review the specification in this paragraph after the completion of the 2030 United States Census and each subsequent decennial census and shall recommend in a report to the Joint Committee on Ways and Means any changes in the specification that the Secretary of State deems necessary. The Secretary of State may change the specification only after receiving the approval of the Legislative Assembly and an appropriation in an amount that is sufficient to pay the costs of updating each version of the mandatory form and any system the Secretary of State uses to process the mandatory form.

�� (4) A certificate of existence required for a foreign limited liability company may be written in a language other than English if a reasonably authenticated English translation accompanies the certificate. [1993 c.173 �3; 2013 c.159 �6; 2017 c.705 �19; 2019 c.597 �4]

�� 63.007 Filing, service, copying and certification fees. The Secretary of State shall collect the fees described in ORS 56.140 for each document delivered for filing under this chapter and for process served on the secretary under this chapter. The secretary may collect the fees described in ORS 56.140 for copying any public record under this chapter, certifying the copy or certifying to other facts of record under this chapter. [1993 c.173 �4; 1995 c.93 �2; 1999 c.362 ��29,29a]

�� 63.010 [Repealed by 1959 c.580 �104]

�� 63.011 Effective time and date of document. (1) Except as provided in subsection (2) of this section and ORS 63.014 (3), a document accepted for filing is effective on the date it is filed by the Secretary of State and at the time, if any, specified in the document as its effective time or at 12:01 a.m. on that date if no effective time is specified.

�� (2) If a document specifies a delayed effective time and date, the document becomes effective at the time and date specified. If a document specifies a delayed effective date but no time, the document becomes effective at 12:01 a.m. on that date. A delayed effective date for a document may not be later than the 90th day after the date it is filed. [1993 c.173 �5]

�� 63.014 Correcting filed document. (1) A domestic or foreign limited liability company may correct a document filed by the Secretary of State, other than an annual report, if the document contains an incorrect statement or was defectively executed, attested, sealed, verified or acknowledged.

�� (2) A domestic or foreign limited liability company shall correct a document by delivering articles of correction to the office. The articles shall include the following:

�� (a) A description of the document, including its filing date, or a copy of the document.

�� (b) The incorrect statement and the reason it is incorrect, or a description of the manner in which the execution, attestation, seal, verification or acknowledgment is defective.

�� (c) A correction of the incorrect statement or defective execution, attestation, seal, verification or acknowledgment.

�� 63.016 Forms; rules. Upon request, the Secretary of State may furnish forms for documents required or permitted to be filed by this chapter. The Secretary of State may by rule require the use of the forms. [1993 c.173 �7; 1995 c.215 �10]

�� 63.017 Filing duty of Secretary of State. (1) If a document delivered to the Office of the Secretary of State for filing satisfies the requirements of ORS 63.004, the Secretary of State shall file the document.

�� (2) The Secretary of State files a document by indicating on the document that the Secretary of State filed the document, along with the date of filing. Except as provided in ORS 63.114, 63.117, 63.671, 63.674, 63.724, 63.727 and 63.787, after filing a document the Secretary of State shall return an acknowledgment of filing to the domestic or foreign limited liability company or the representative of the domestic or foreign limited liability company.

�� (3) If the Secretary of State refuses to file a document, the Secretary of State shall return the document to the domestic or foreign limited liability company or the representative of the domestic or foreign limited liability company within 10 business days after the document was delivered, together with a brief written explanation of the reason for the refusal.

�� (4) The Secretary of State�s duty to file documents under this section is ministerial. The Secretary of State is not required to verify or inquire into the legality or truth of any matter included in any document delivered to the office for filing. The Secretary of State�s filing or refusing to file a document does not:

�� (a) Affect the validity or invalidity of the document in whole or part; or

�� (b) Relate to the correctness or incorrectness of information contained in the document.

�� 63.020 [Repealed by 1959 c.580 �104]

�� 63.021 Appeal from Secretary of State�s refusal to file document. If the Secretary of State refuses to file a document delivered to the office for filing, the domestic or foreign limited liability company, in addition to any other legal remedy which may be available, shall have the right to appeal from such order pursuant to the provisions of ORS chapter 183. [1993 c.173 �9]

�� 63.024 Evidentiary effect of copy of filed document. (1) A certificate attached to a copy of a document filed by the Secretary of State, bearing the Secretary of State�s signature, which may be in facsimile, is conclusive evidence that the document or a facsimile thereof is on file with the office.

�� (2) The provisions of ORS 56.110 shall apply to all documents filed pursuant to this chapter. [1993 c.173 �10]

�� 63.027 Certificate of existence or authorization. (1) Anyone may apply to the Secretary of State to furnish a certificate of existence for a domestic limited liability company or a certificate of authorization for a foreign limited liability company.

�� (2) A certificate of existence or authorization when issued means that:

�� (a) The domestic limited liability company�s name or the foreign limited liability company�s name is registered in this state;

�� (b) The domestic limited liability company is duly organized under the laws of this state or the foreign limited liability company is authorized to transact business in this state;

�� (c) All fees payable to the Secretary of State under this chapter have been paid, if nonpayment affects the existence or authorization of the domestic or foreign limited liability company;

�� (d) An annual report required by ORS 63.787 has been filed by the Secretary of State within the preceding 14 months; and

�� (e) Articles of dissolution or an application for withdrawal have not been filed by the Secretary of State.

�� (3) Subject to any qualification stated in the certificate, a certificate of existence or authorization issued by the Secretary of State may be relied upon as conclusive evidence that the domestic or foreign limited liability company is in existence or is authorized to transact business in this state. [1993 c.173 �11]

�� 63.030 [Repealed by 1959 c.580 �104]

(Secretary of State)

�� 63.031 Powers. The Secretary of State has the power reasonably necessary to perform the duties required of the Secretary of State by this chapter. [1993 c.173 �12]

�� 63.032 Investigations of violations of chapter; confidentiality; penalties; administrative dissolution; rules. (1)(a) The Secretary of State may investigate an alleged or potential violation of this chapter and, in the course of the investigation or in response to a request from a law enforcement agency, may order a limited liability company to:

�� (A) Prepare and submit to the Secretary of State within 30 days the list described in ORS

ORS 634.210

634.210); subsection (2) enacted as 1965 c.22 �2(1); paragraph (b) of subsection (11) derived from 1965 c.22 �2(2); 1969 c.268 �4; repealed by 1973 c.341 �37]

�� 634.212 Formation of protected areas; petition; filing fee; guidelines for determinations by director. (1) Upon receiving a petition of any 25 or more landowners, representing at least 70 percent of the acres of land, situated within the territory proposed to be a protected area, the State Department of Agriculture may establish a protected area, in accordance with the provisions of ORS 561.510 to 561.590 governing the procedures for the declaration of quarantines.

�� (2) The petition, referred to in subsection (1) of this section, shall include the following:

�� (a) The proposed name of the protected area.

�� (b) The description, including proposed boundaries, of the territory proposed to be a protected area.

�� (c) A concise statement of the need for the establishment of the protected area proposed.

�� (d) A concise statement of the pesticides and the times, methods or rates of pesticide applications to be restricted or prohibited and the extent such are to be restricted or prohibited.

�� (e) A request that a public hearing be held by the department.

�� (f) The name of the person authorized to act as attorney in fact for the petitioners in all matters relating to the establishment of a proposed protected area.

�� (g) A concise statement of any desired limitations of the powers and duties of the governing body of the proposed protected area.

�� (3) If more than one petition, referred to in subsection (1) of this section, is received by the department describing parts of the same territory, the department may consolidate all or any of such petitions.

�� (4) Each petition, described in subsection (1) of this section, shall be accompanied by a filing fee of $125. Upon receipt of such petition and payment of such fee, the department shall prepare and submit to the petitioners an estimated budget of the costs of establishing such proposed protected area, including cost of preparation of the estimated budget, of the hearing and of the preparation of required documents. Within 15 days of the receipt of the estimated budget, the petitioners shall remit to the department the difference between the filing fee and total estimated budget. If the petitioners fail to remit such difference, the department shall retain the filing fee and terminate the procedure for establishment of a proposed protected area. If, upon completion of the procedure for establishment of a proposed protected area, there remains an unexpended and unencumbered balance of funds received by the department under this section, such balance shall be refunded to the petitioners through their designated attorney in fact.

�� (5) When determining whether to amend or revoke a rule or order declaring a protected area, the Director of Agriculture shall consider, among other factors, the following:

�� (a) The agricultural and horticultural crops, wildlife or forest industries to be affected and their locations.

�� (b) The topography and climate, including temperature, humidity and prevailing winds, of the territory in which the proposed protected area is situated.

�� (c) The characteristics and properties of pesticides used or applied and proposed to be restricted or prohibited. [1973 c.341 �25; 1999 c.59 �185; 2005 c.22 �446; 2007 c.71 �197; 2009 c.98 �27]

�� 634.213 [1961 c.642 �18; repealed by 1973 c.341 �37]

�� 634.215 [1953 c.685 �12; 1961 c.294 �3; repealed by 1973 c.341 �37]

�� 634.216 Protected area as governmental subdivision upon completion of required filings. If the Director of Agriculture declares a protected area under ORS 634.212, the copy of the rule or order that the director files with the Secretary of State must be accompanied by a map of a scale of at least one inch per mile. The Secretary of State shall maintain a copy of the rule or order, and of the map, as a public record in the office of the Secretary of State. Upon such required filings, the protected area shall be deemed to be a governmental subdivision of the state and a public body corporate. [1973 c.341 �26; 2009 c.98 �28]

�� 634.217 [1953 c.685 �12; 1961 c.294 �4; repealed by 1973 c.341 �37]

�� 634.220 [1953 c.685 �12; 1961 c.294 �5; repealed by 1973 c.341 �37]

�� 634.222 Determination of lawful establishment of protected area in actions or proceedings; certified copy of filed order as evidence. In any suit, action or proceeding involving the validity or enforcement of any proceeding or action of a protected area, the protected area shall be deemed to have been established in accordance with the provisions of this chapter upon proof of the filing of an order as required by ORS 634.216. A copy of such order, certified as filed by the Secretary of State, shall be admissible evidence in any such suit, action or proceeding and shall be proof of the filing and contents thereof. [1973 c.341 �31]

�� 634.225 [1953 c.685 �12; 1961 c.294 �6; repealed by 1973 c.341 �37]

�� 634.226 Protected area governing committee; member election and terms; committee officers; duties and powers; rulemaking authority. (1) A protected area, established pursuant to the provisions of this chapter, shall be governed and administered by an area committee consisting of five members. The term of office of each member, except as provided in paragraphs (b) and (c) of this subsection, shall be three years. Such area committee shall be established in accordance with the following:

�� (a) Within 30 days after the establishment of a protected area, as provided in ORS 634.216, the State Department of Agriculture shall give notice that petitions to nominate candidates for three positions on such committee shall be accepted by the department. Such notice shall be given by publication at least once in a newspaper of general circulation in the protected area and by delivery of a copy of the notice to the county clerk of the county in which the protected area is situated, who thereafter shall post the same in a conspicuous public place. Such notice shall contain:

�� (A) The address of the department;

�� (B) The time within which the petition to nominate is to be filed;

�� (C) The fact that 25 or more electors, or two-thirds of the electors then registered, if there are less than 25, residing within the protected area must subscribe such petition;

�� (D) The fact that such electors may subscribe the nominating petition of more than one candidate for a position on said committee; and

�� (E) The fact that a candidate must reside within the protected area.

�� (b) Upon receipt of any nominating petitions described in subsection (1)(a) of this section, the department shall prepare ballots containing the names of the candidates, in alphabetical order of surnames, and a space for at least one write-in candidate. If no nominating petitions are received by the department, this fact shall be stated upon the ballot and at least three spaces provided thereon for write-in candidates. Such ballots shall also state the time within which the ballots are to be returned to the department and the address of the department. All electors within the boundaries of the territory as determined by the department are eligible to vote in the referendum. The department shall determine the results of such election and shall file with the Secretary of State a declaration of the results of such election, which declaration shall be maintained as a public record in the office of the Secretary of State. The three candidates receiving the largest number of the votes cast in such election shall be the three elected members of the area commission, whose terms of office, to be determined by lot, shall be one, two and three years respectively.

�� (c) Upon determining the results of the election provided in paragraph (b) of this subsection, the department shall appoint two members to the area committee, which appointments shall be subject to the approval of the majority of the three elected members of said committee. Such appointed members shall be residents of the protected area and have knowledge of pesticides, pesticide application and existing conditions, affecting pesticide application. The terms of office, to be determined by lot, shall be one and two years respectively, and the department shall thereafter appoint the successors in office of such members, as well as those of elected members whose office is vacated prior to the expiration of a term.

�� (2)(a) Upon the establishment of the area committee, the members thereof shall designate a chairperson, secretary and treasurer, which designations may, from time to time, be changed. A majority of the area committee shall constitute a quorum and an act by a majority of such quorum shall constitute an official act of the area committee.

�� (b) The area committee shall:

�� (A) Provide for surety bonds for all persons entrusted with funds or property of the protected area;

�� (B) Prepare and maintain accurate and complete records of all activities, meetings, orders and regulations of the protected area;

�� (C) Employ, as deemed necessary, persons to assist the area committee in its administration and enforcement activities, including issuance of permits to applicators;

�� (D) Not engage in the business of buying or selling pesticides;

�� (E) Promulgate, in consultation with the department, regulations as provided in subsection (4) of this section;

�� (F) Carry out the procedures for the establishment of a restricted area as provided in ORS

ORS 646.080

646.080.

�� 646.100 [Amended by 1963 s.s. c.2 �3; repealed by 1975 c.255 �17]

�� 646.105 [1963 s.s. c.2 �2; repealed by 1975 c.255 �17]

�� 646.110 [Repealed by 1975 c.255 �17]

�� 646.120 [Repealed by 1975 c.255 �17]

�� 646.130 Cost surveys as evidence. Where a particular trade or industry, of which the person, firm or corporation complained against is a member, has an established cost survey for the locality and vicinity in which the offense is committed, such cost survey is competent evidence to be used in proving the costs of the person, firm or corporation complained against within the provisions of ORS 646.010 to 646.180.

�� 646.140 Enjoining violations; treble damages; attorney fees; limitation on commencement of actions. (1) Any person injured by any violation, or who will suffer injury from any threatened violation, of ORS 646.010 to 646.180 may maintain an action in any court of general equitable jurisdiction of this state, to prevent, restrain or enjoin the violation or threatened violation. If in such action, a violation or threatened violation of ORS 646.010 to 646.180 is established, the court shall enjoin and restrain or otherwise prohibit such violation or threatened violation, and the plaintiff in the action is entitled to recover three-fold the damages sustained by the plaintiff. Except as provided in subsection (2) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.

�� (2) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (1) of this section if the action under this section is maintained as a class action pursuant to ORCP 32.

�� (3) Actions brought under this section shall be commenced within four years from the date of the injury. [Amended by 1981 c.897 �75; 1983 c.467 �2; 1995 c.696 �33]

�� 646.150 Action for damages. If no injunctive relief is sought or required, any person injured by any violation of ORS 646.010 to 646.180 may maintain an action for damages alone in any court of general jurisdiction in this state. The measure of damages in such action shall be the same as that prescribed by ORS 646.140.

�� 646.160 Presumption of damages. In any proceedings instituted or action brought in pursuance of the provisions of ORS 646.140 or 646.150, the plaintiff, upon proof that the plaintiff has been unlawfully discriminated against by the defendant, shall conclusively be presumed to have sustained damages equal to the monetary amount or equivalent of the unlawful discrimination; and, in addition thereto, may establish such further damages, if any, as the plaintiff may have sustained as a result of the discrimination.

�� 646.170 Requiring defendant to testify. Any defendant in an action brought under the provisions of ORS 646.140 to

ORS 646.622

646.622 for the service of investigative demands. The person charged thereupon shall have 10 days within which to execute and deliver to the prosecuting attorney an assurance of voluntary compliance. Such assurance shall set forth what actions, if any, the person charged intends to take with respect to the alleged unlawful trade practice. The assurance of voluntary compliance shall not be considered an admission of a violation for any purpose. If the prosecuting attorney is satisfied with the assurance of voluntary compliance, it may be submitted to an appropriate court for approval and if approved shall thereafter be filed with the clerk of the court. If an approved assurance of voluntary compliance provides for the payment of an amount of money, as restitution or otherwise, and if the amount is not paid within 90 days of the date the court approves the assurance, or, if the assurance of voluntary compliance requires periodic payments and if any periodic payment is not paid within 30 days of the date specified in the assurance of voluntary compliance for any periodic payment, then the prosecuting attorney may submit that portion of the assurance of voluntary compliance which provides for the payment of money to the court with a certificate stating the unpaid balance in a form which fully complies with the requirements of ORS 18.038 and 18.042. Upon submission of an assurance of voluntary compliance under this subsection, the court shall sign the assurance of voluntary compliance and it shall be entered in the register of the court and the clerk of the court shall note in the register that it creates a lien. The assurance of voluntary compliance shall thereupon constitute a judgment in favor of the State of Oregon and may be enforced as provided in ORS chapter 18. The notice of the prosecuting attorney under this subsection shall not be deemed a public record until the expiration of 10 days from the service of the notice.

�� (3) The prosecuting attorney may reject as unsatisfactory any assurance:

�� (a) Which does not contain a promise to make restitution in specific amounts or through arbitration for persons who suffered any ascertainable loss of money or property as a result of the alleged unlawful trade practice; or

�� (b) Which does not contain any provision, including but not limited to the keeping of records, which the prosecuting attorney reasonably believes to be necessary to ensure the continued cessation of the alleged unlawful trade practice, if such provision was included in a proposed assurance attached to the notice served pursuant to this section.

�� (4) Violation of any of the terms of an assurance of voluntary compliance which has been approved by and filed with the court shall constitute a contempt of court.

�� (5) The prosecuting attorney need not serve notice pursuant to subsection (2) of this section before filing a suit if, within two years of the filing of such suit, the person charged with the alleged unfair trade practice submitted to any prosecuting attorney an assurance of voluntary compliance which was accepted by and filed with an appropriate court. The prosecuting attorney shall in such case serve notice on the defendant in the manner set forth in ORS 646.622 for the service of investigative demands, on the 10th or earlier day previous to the filing of suit.

�� (6) If the prosecuting attorney alleges that the prosecuting attorney has reason to believe that the delay caused by complying with the provisions of subsection (2) or (5) of this section would cause immediate harm to the public health, safety or welfare, the prosecuting attorney may immediately institute a suit under subsection (1) of this section.

�� (7) A temporary restraining order may be granted without prior notice to the person if the court finds there is a threat of immediate harm to the public health, safety or welfare. Such a temporary restraining order shall expire by its terms within such time after entry, not to exceed 10 days, as the court fixes, unless within the time so fixed the order, for good cause shown, is extended for a like period or unless the person restrained consents that it may be extended for a longer period.

�� (8) The court may award reasonable attorney fees to the prevailing party in an action under this section. If the defendant prevails in such suit and the court finds that the defendant had in good faith submitted to the prosecuting attorney a satisfactory assurance of voluntary compliance prior to the institution of the suit or that the prosecuting attorney, in a suit brought under subsections (5) and (6) of this section, did not have reasonable grounds to proceed under those subsections, the court shall award reasonable attorney fees at trial and on appeal to the defendant. [1971 c.744 �11; 1975 c.437 �3; 1981 c.897 �77; 1989 c.745 �1; 1995 c.618 �97; 2003 c.576 �215; 2010 c.94 �4]

�� 646.633 Action by prosecuting attorney prohibited without request of Director of Department of Consumer and Business Services. (1) For purposes of this section, �state regulated lender� means:

�� (a) A banking institution as defined in ORS 706.008;

�� (b) A credit union as defined in ORS 723.006;

�� (c) A person that is required to be licensed under ORS 725.045;

�� (d) A pawnbroker, as defined in ORS 726.010, that is required to be licensed under ORS chapter 726;

�� (e) A mortgage banker or mortgage broker, as those terms are defined in ORS 86A.100, that is required to be licensed under ORS 86A.095 to 86A.198; or

�� (f) A mortgage loan originator that is required to be licensed under ORS 86A.200 to 86A.239.

�� (2) A prosecuting attorney may not take action under ORS 646.618 or 646.632 with respect to an alleged unlawful practice under ORS 646.607 or 646.608 when the conduct involves loans or extensions of credit and was engaged in by a state regulated lender unless requested to do so by the Director of the Department of Consumer and Business Services. In any action requested to be taken by the director under this subsection, the director may elect to be named as a party to the proceeding or suit.

�� (3) The Attorney General may not adopt rules under ORS 646.608 (4) with respect to conduct involving loans or extensions of credit that is engaged in by a state regulated lender except with the prior review and approval of the proposed rules by the director. The Attorney General may not adopt rules under ORS 646.608 (4) with respect to conduct involving loans or extensions of credit that is engaged in by a state regulated lender except as provided in this subsection.

�� (4) As soon as practicable upon receipt, the Attorney General shall provide the director with copies of any complaint or other initial pleading or any judgment received under ORS 646.638 when the action involves the conduct of a state regulated lender. [2010 c.94 �6; 2019 c.13 �61]

�� 646.635 [1965 c.490 ��4, 5; 1967 c.599 �3; repealed by 1971 c.744 �27]

�� 646.636 Remedial power of court. The court may make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, of which the person was deprived by means of any practice declared to be unlawful in ORS 646.607 or 646.608, or as may be necessary to ensure cessation of unlawful trade practices. [1971 c.744 �12; 1977 c.195 �8; 2005 c.22 �449]

�� 646.638 Civil action by private party; damages; attorney fees; effect of prior injunction; time for commencing action; counterclaim; class actions. (1) Except as provided in subsections (8) and (9) of this section, a person that suffers an ascertainable loss of money or property, real or personal, as a result of another person�s willful use or employment of a method, act or practice declared unlawful under ORS 646.608, may bring an individual action in an appropriate court to recover actual damages or statutory damages of $200, whichever is greater. The court or the jury may award punitive damages and the court may provide any equitable relief the court considers necessary or proper.

�� (2) A person that brings an action under subsection (1) of this section shall mail a copy of the complaint or other initial pleading to the Attorney General at the time the action commences and, upon entry of any judgment in the action, shall mail a copy of the judgment to the Attorney General. Failure to mail a copy of the complaint is not a jurisdictional defect, but a court may not enter judgment for the plaintiff until proof of mailing is filed with the court. Proof of mailing may be by affidavit or by return receipt of mailing.

�� (3) The court may award reasonable attorney fees and costs at trial and on appeal to a prevailing plaintiff in an action under this section. The court may award reasonable attorney fees and costs at trial and on appeal to a prevailing defendant only if the court finds that an objectively reasonable basis for bringing the action or asserting the ground for appeal did not exist.

�� (4) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (3) of this section if the action under this section is maintained as a class action pursuant to ORCP 32.

�� (5) Any permanent injunction or final judgment or order the court makes under ORS 646.632 or

ORS 646.990

646.990�� Penalties

PRICE DISCRIMINATION IN COMMERCE AND FOOD COMMERCE

�� 646.010 Designation and scope of ORS 646.010 to 646.180. ORS 646.010 to 646.180 shall be known and designated as the Anti-price Discrimination Law; and the inhibitions against discrimination in those sections shall embrace any scheme of special concessions or rebates, any collateral contracts or agreements or any device of any nature whereby discrimination is, in substance or fact, effected in violation of the spirit and intent of ORS 646.010 to 646.180.

�� 646.020 Definitions and explanations. (1) When used in ORS 646.010 to 646.180, unless the context otherwise requires:

�� (a) �Commerce� means trade or commerce within this state, exclusive of food commerce.

�� (b) �Food commerce� means trade or commerce within this state in articles of food for human consumption and such other articles as usually are sold in food stores in connection with articles of food for human consumption. In the case of persons selling items other than items of food commerce, the term �food commerce� is restricted solely to such items of food commerce as are defined in this paragraph.

�� (c) �Person� means individual, corporation, partnership, association, joint stock company, business trust or unincorporated organization.

�� (d) �Price� means the net price to the buyer after the deduction of all discounts, rebates, or other price concessions paid or allowed by the seller.

�� (e) �Replacement cost� means the cost per unit at the retail outlet at which the merchandise sold or offered for sale could have been bought by the seller at any time within 10 days prior to the date of sale or the date upon which it is offered for sale by the seller, if bought in the same quantities as the seller�s usual or customary purchase of such merchandise, after deducting all discounts, rebates or other price concessions.

�� (f) �Retailer in food commerce� means any person engaged in food commerce who sells directly to the consumer for use.

�� (g) �Wholesaler in food commerce� means any person engaged in food commerce other than a retailer or producer, manufacturer or processor.

�� (2) As used in ORS 646.010 to 646.180, �vendor� includes any person who performs work upon, renovates, alters or improves any personal property belonging to another person.

�� 646.030 Application to cooperative associations. ORS 646.010 to 646.180 shall not prevent a cooperative association from returning to its members, producers or consumers the whole, or any part of, the net earnings or surplus resulting from its trading operations, in proportion to their purchases or sales from, to or through the association.

�� 646.040 Price discrimination prohibited; price differentials. (1) It is unlawful for any person engaged in commerce or food commerce, or both, in the course of such commerce, either directly or indirectly, to discriminate in price between different purchasers of commodities, or services or output of a service trade, of like grade and quality or to discriminate in price between different sections, communities or cities or portions thereof or between different locations in sections, communities, cities or portions thereof in this state, where the effect of such discrimination may be substantially to lessen competition or tend to create a monopoly in any line of commerce, or to injure, destroy or prevent competition with any person who either grants or knowingly receives the benefit of such discrimination, or with customers of either of them.

�� (2) Subsection (1) of this section does not prevent:

�� (a) Differentials which make only due allowance for differences in the cost of manufacture, sale or delivery, resulting from the differing methods or quantities in which the commodities are sold or delivered to purchasers.

�� (b) Persons engaged in selling goods, wares or merchandise, or service or output of a service trade, in commerce from selecting their own customers in bona fide transactions and not in restraint of trade.

�� (c) Price changes from time to time where in response to changing conditions affecting the market for or marketability of the goods concerned, such as but not limited to actual or imminent deterioration of perishable goods, obsolescence of seasonal goods, distress sales under court process, or sales in good faith in discontinuance of business in the goods concerned.

�� 646.050 Establishing prima facie case of discrimination; justification of discrimination. Upon proof being made, in any suit or other proceeding in which any violation of ORS 646.010 to 646.180 is at issue, that there has been discrimination in price, or in services or facilities furnished, or in payment for services or facilities rendered or to be rendered, the burden of rebutting the prima facie case thus made by showing justification is upon the person charged with the violation; but this section does not prevent a seller rebutting the prima facie case so made by showing that the lower price of the seller, or the payment for or furnishing of services or facilities to any purchaser or purchasers was made in good faith to meet an equally low price of a competitor or the services or facilities furnished by a competitor.

�� 646.060 Commissions and allowances. No person engaged in commerce or food commerce, or both, in the course of such commerce, shall pay, grant, receive or accept anything of value as a commission, brokerage or other compensation, or any allowance or discount in lieu thereof, except for services rendered in connection with the sale or purchase of goods, wares, service, or output of a service trade, or merchandise. In all such transactions of sale and purchase, neither party to the transaction shall pay or grant anything of value as a commission, brokerage or other compensation, or any allowance or discount in lieu thereof, to the other party to the transaction or to any agent, representative or other intermediary therein, where such agent, representative or other intermediary is acting for or in behalf of or is subject to the direct or indirect control of the other party to the transaction.

�� 646.070 Special payments to customers. No person engaged in commerce or food commerce, or both, in the course of such commerce, shall pay or contract for the payment of anything of value to or for the benefit of a customer of such person in the course of such commerce as compensation or in consideration for any services or facilities furnished by or through such customer in connection with the processing, handling, sale or offering for sale of any products or commodities manufactured, service or output of a service trade, sold or offered for sale by such person, unless such payment or consideration is available on proportionally equal terms to all other customers competing in the distribution of such products or commodities, or service, or output of service trades.

�� 646.080 Special services to customers. No person engaged in commerce or food commerce, or both, in the course of such commerce, shall discriminate in favor of one purchaser against another purchaser or purchasers of a commodity, or service, or output of a service trade, bought for resale, with or without processing, by contracting to furnish or furnishing, or by contributing to the furnishing of any services or facilities connected with the processing, handling, sale or offering for sale of such commodity, or service, or output of a service trade, purchased upon terms not accorded to all purchasers on proportionally equal terms.

�� 646.090 Inducing or receiving price discrimination prohibited. No person engaged in commerce or food commerce, or both, in the course of such commerce, shall knowingly induce or receive a discrimination in price which is prohibited by ORS 646.040 to

ORS 647.025

647.025); 2009 c.459 �6]

�� 647.025 [1961 c.497 �9; 1965 c.511 �3; repealed by 1985 c.728 ��84a,110 (647.024 enacted in lieu of 647.025)]

�� 647.029 Examination of application by Secretary of State; amendment of application; refusal to register mark; priority of concurrent applications. (1) The Secretary of State, at the Secretary of State�s sole discretion, may examine an application filed under ORS 647.015 for conformity with the provisions of this chapter. This section does not require the Secretary of State to conduct an examination or investigation in connection with an application for registration.

�� (2) An applicant shall provide additional pertinent information the Secretary of State requests, including a description of a design that is used as a mark. The applicant or, with the applicant�s authorization, the Secretary of State may amend the application to conform with the Secretary of State�s requirements or as the applicant deems advisable to respond to a rejection or objection. The Secretary of State may require the applicant to submit a new application.

�� (3) The Secretary of State may require the applicant to disclaim an unregisterable component of a mark that is otherwise registerable. The applicant may voluntarily disclaim a component of a mark that the applicant has applied to register. An applicant�s disclaimer does not prejudice or affect the applicant�s or a registrant�s rights that exist or arise in the matter the applicant disclaimed or the applicant�s or a registrant�s rights of registration on another application if the matter the applicant disclaimed is or has become distinctive of the applicant�s or registrant�s goods or services.

�� (4) If the Secretary of State finds that an applicant is not entitled to register a mark, the Secretary of State shall notify the applicant and provide the Secretary of State�s reasons for the finding. The Secretary of State shall provide the applicant with a reasonable time in which to reply or amend the application and shall examine the amended application in accordance with the provisions of this section. The applicant may continue to amend the application until:

�� (a) The Secretary of State in a final order refuses to register the mark; or

�� (b) The applicant abandons the application by failing to reply to the Secretary of State�s notice or amend the application within the time the Secretary of State specifies.

�� (5) If the Secretary of State in a final order refuses to register a mark, the applicant may seek a writ of mandamus under ORS 34.105 to 34.240 to compel the Secretary of State to register the mark. The court may grant the writ if the applicant proves that the statements in the application are true and that the mark is otherwise entitled to registration. The court may not assess costs or award damages against the Secretary of State in an action for a writ of mandamus brought under this section.

�� (6) If the Secretary of State is concurrently processing applications that seek to register the same mark or a mark that is likely to cause confusion or mistake or to deceive when used on or in connection with goods or services identified in the applications, the Secretary of State shall grant priority to the applications in the order in which they were filed. If the Secretary of State grants a registration for a mark on the basis of an application filed prior to other applications, the Secretary of State shall reject the other applications. A rejected applicant may bring an action to cancel the registration the Secretary of State granted on the basis that the rejected applicant had prior or superior rights to the mark. [1985 c.728 �85b; 1987 c.94 �104; 2009 c.459 �7]

�� 647.030 [Repealed by 1961 c.497 �16]

�� 647.035 Marks ineligible for registration. (1) A mark that an applicant submits for registration may not be registered if the mark consists of or comprises:

�� (a) Matter that is immoral, deceptive or scandalous;

�� (b) Matter that may disparage, bring into contempt or disrepute or falsely suggest a connection with a person, living or dead, an institution, a belief or a national symbol;

�� (c) The flag, coat of arms or other insignia of the United States, a state or municipality or a foreign nation or a simulation of the flag, coat of arms or insignia;

�� (d) The name or signature of or a portrait that identifies a particular living individual, unless the individual has given written consent; or

�� (e) A mark that so resembles a mark registered in this state, or a mark or trade name previously used and not abandoned by another person, as to be likely to cause confusion or mistake or to deceive when used on or in connection with the applicant�s goods or services.

�� (2)(a) A mark may not be registered if the mark is:

�� (A) Merely descriptive or deceptively misdescriptive of the applicant�s goods or services;

�� (B) Primarily geographically descriptive or deceptively misdescriptive of the applicant�s goods or services; or

�� (C) Primarily merely a surname.

�� (b) The provisions of paragraph (a) of this subsection do not prevent the Secretary of State from registering a mark used by the applicant that has become distinctive of the applicant�s goods or services. The Secretary of State may accept as evidence that the mark has become distinctive, when used on or in connection with the applicant�s goods or services, proof that the applicant has used the mark continuously in this state for five years before the date on which the applicant made the claim that the mark has become distinctive of the applicant�s goods or services. [1961 c.497 �2; 1965 c.511 �4; 1971 c.318 �3; 1985 c.728 �85; 2005 c.22 �450; 2009 c.459 �8]

�� 647.040 [Amended by 1959 c.261 �1; repealed by 1961 c.497 �16]

�� 647.045 Certificate of registration; contents; evidentiary effect. (1) Upon compliance by an applicant with the requirements of this chapter, the Secretary of State shall issue and deliver a certificate of registration to the applicant. The Secretary of State may issue as the certificate of registration a copy of the application marked with the word �filed.�

�� (2) The certificate of registration must show:

�� (a) The registrant�s name and business address. If the registrant is a corporation, the certificate must show the state of incorporation. If the registrant is a partnership, the certificate must show the state in which the partnership is organized and the names of the general partners. If the registrant is a limited liability company, the certificate must show the state in which the limited liability company was formed.

�� (b) The date the applicant claimed as the first use of the mark anywhere and the date claimed as the first use of the mark in this state.

�� (c) The class and description of the goods or services on or in connection with which the mark is used.

�� (d) A reproduction of the mark.

�� (e) The registration date and the term of registration.

�� (3) A certificate of registration issued by the Secretary of State under this chapter, or a copy of the certificate duly certified by the Secretary of State, is competent and sufficient proof of the registration of the mark in an action or proceeding brought in a court in this state. [1961 c.497 �4; 1965 c.511 �5; 1971 c.318 �4; 1985 c.728 �86; 2009 c.459 �9]

�� 647.050 [Repealed by 1961 c.497 �16]

�� 647.055 Period of registration; renewal; notice. (1) Registration of a mark under this chapter is effective for a term of five years from the date of registration and may be renewed for successive five-year terms. The Secretary of State shall renew the registration if the registrant:

�� (a) Submits an application for renewal, verified as provided in ORS 647.015 (3), within 180 days before the term of registration expires;

�� (b) Includes with the application a statement, verified as provided in ORS 647.015 (3), that the mark has been in use and is still in use; and

�� (c) Includes with the application a specimen showing actual use of the mark.

�� (2) A registration that is effective on June 23, 2009, shall remain in effect for the remainder of the term of registration. The registration may be renewed as provided in subsection (1) of this section.

�� (3) The Secretary of State, before the term of registration expires, shall notify the registrant in writing at the mailing address shown for the registrant in the current records of the Secretary of State that the registrant must renew the registration. [1961 c.497 ��5,7; 1965 c.511 �6; 1971 c.318 �5; 1981 c.633 �72; 1985 c.728 �86a; 1989 c.931 �2; 1991 c.132 �21; 2009 c.459 �10]

�� 647.060 [Repealed by 1961 c.497 �16]

�� 647.065 Assignment; filing with Secretary of State; legal and evidentiary effect; public record of registrations. (1) A mark and the registration for the mark under this chapter are assignable with the goodwill of the business in which the mark is used, or with the part of the goodwill of the business that is connected with the use of and symbolized by the mark.

�� (2) To assign the registration, a registrant must sign a written instrument. The registrant may submit the instrument to the Secretary of State for filing. After filing the instrument, the Secretary of State may issue to the assignee a certificate of registration that is effective for the remainder of the term of registration.

�� (3) An assignment of registration under this section is void as against a subsequent purchaser that purchases the registration for valuable consideration and without notice of the assignment unless the assignment is submitted to the Secretary of State of State for filing within 90 days after the assignment or before the subsequent purchase, whichever is later.

�� (4) A registrant or applicant for registration may submit for filing with the Secretary of State a change of name for the registration or the application. The Secretary of State may issue a certificate of registration for an assigned application in the assignee�s name or may issue a certificate of registration in the assignee�s name for the remainder of the term of registration.

�� (5) The Secretary of State, at the Secretary of State�s sole discretion, may receive for filing other signed written instruments related to a mark that is registered or an application that is pending, such as licenses, security interests or mortgages.

�� (6) Acknowledgment is prima facie evidence of the execution of an assignment or other instrument. If the Secretary of State accepts an instrument for filing, the Secretary of State�s record is prima facie evidence of the execution.

�� (7) The Secretary of State may accept for filing a photocopy of an instrument if a party to the instrument or a successor to the party certifies that the photocopy is a true and correct copy of the original instrument.

�� (8) The Secretary of State shall keep for public examination a record of all marks registered or renewed under this chapter and all documents submitted for filing under this section. [1961 c.497 �6; 1965 c.511 �7; 1971 c.318 �6; 1985 c.351 �25; 1985 c.728 �87a; 2005 c.22 �451; 2009 c.459 �11]

�� 647.070 [Repealed by 1961 c.497 �16]

�� 647.075 Cancellation of registrations. (1) The Secretary of State shall cancel a registration for a mark or part of a registration if:

�� (a) The Secretary of State receives a voluntary request from the registrant or the assignee of record to cancel the registration.

�� (b) The registration has not been renewed in accordance with the provisions of ORS

ORS 65.167

65.167.

�� (31) �Membership� means the rights and obligations a member has under this chapter.

�� (32) �Mutual benefit corporation� means a domestic corporation that is organized to serve and operates primarily to serve the mutual interests of a group of persons, but is not a public benefit corporation or religious corporation.

�� (33) �Nonprofit corporation� means a mutual benefit corporation, a public benefit corporation or a religious corporation.

�� (34) �Notice� means a notice described in ORS 65.034.

�� (35) �Person� means an individual or an entity.

�� (36)(a) �Principal office� means the physical street address of the place, in or out of this state, where the principal executive offices of a domestic corporation or foreign corporation are located and that is designated as the principal office in the most recent annual report filed in accordance with ORS 65.787 or, if no annual report is on file, in the articles of incorporation or the application for authority to transact business in this state.

�� (37) �Proceeding� means a civil, criminal, administrative or investigatory action.

�� (38) �Public benefit corporation� means a domestic corporation that:

�� (a) Is formed as a public benefit corporation under ORS 65.044 to 65.067, is designated as a public benefit corporation by a statute, is recognized as tax exempt under section 501(c)(3) of the Internal Revenue Code or is otherwise organized for a public or charitable purpose;

�� (b) Is restricted so that on dissolution the corporation must distribute the corporation�s assets to an organization that is organized for a public or charitable purpose, a religious corporation, the United States, a state or a person that is recognized as exempt under section 501(c)(3) of the Internal Revenue Code of 1986; and

�� (c) Is not a religious corporation.

�� (39) �Record date� means the date established under ORS 65.131 to 65.177 or 65.201 to 65.254 on which a corporation determines the identity of the corporation�s members and the members� membership rights for the purposes of this chapter.

�� (40) �Religious corporation� means a domestic corporation that is formed as a religious corporation under ORS 65.044 to 65.067, is designated a religious corporation by a statute or is organized primarily or exclusively for religious purposes.

�� (41) �Remote communication� means any method by which a person that is not physically present at the location at which a meeting occurs may nevertheless hear or otherwise communicate at substantially the same time with other persons at the meeting and have access to materials necessary to participate or vote in the meeting to the extent of the person�s authorization to participate or vote.

�� (42) �Secretary,� when used in the context of a corporate official, means the corporate officer to whom the board of directors has delegated responsibility under ORS 65.371 for preparing the minutes of the board of directors� meetings and membership meetings and for authenticating the records of the corporation.

�� (43) �Shell entity� means an entity that has the characteristics described in ORS 65.661.

�� (44) �Sign� means to indicate a present intent to authenticate or adopt a document by:

�� (a) Affixing a symbol to the document;

�� (b) Inscribing or affixing a manual, facsimile or conformed signature on the document; or

�� (c) Attaching to, or logically associating with, an electronic transmission any electronic sound, symbol or process, including an electronic signature.

�� (45) �State,� when referring to a part of the United States, means a state, commonwealth, territory or insular possession of the United States and the agencies and governmental subdivisions of the state, commonwealth, territory or insular possession.

�� (46) �Uncompensated officer� means an individual who serves in an office without compensation other than payment solely for actual expenses the individual incurs in performing duties of the individual�s office or payment for the average expenses the individual incurs over the course of a year.

�� (47) �United States� means the federal government or a district, authority, bureau, commission, department or any other agency of the United States.

�� (48) �Vote� means an authorization by written ballot or written consent, where permitted, or by another method that a corporation specifies as an authorization.

�� (49) �Voting power� means the total number of votes entitled to be cast on an issue at the time the determination of voting power is made, excluding a vote that is contingent upon a condition or event occurring that has not occurred at the time.

�� (50) �Written� means embodied as a document. [1989 c.1010 �14; 1991 c.231 �1; 2001 c.315 �35; 2005 c.107 �4; 2009 c.14 �4; 2009 c.294 �7; 2013 c.158 �27; 2013 c.274 �17; 2017 c.705 �26; 2019 c.174 �7; 2025 c.158 �4]

(Filing Documents)

�� 65.004 Filing requirements. (1)(a) For the Secretary of State to file a document under this chapter, the document must:

�� (A) Satisfy the requirements set forth in this section and any other requirements in this chapter that supplement or modify the requirements set forth in this section.

�� (B) Be a type of document that this chapter or another law requires or permits a person to file with the Secretary of State.

�� (C) Include the information this chapter requires.

�� (D) Be legibly written in the English language and in the alphabet used to write the English language, except as provided in subsections (3) and (4) of this section.

�� (E) Be delivered to the Secretary of State along with the correct filing fee. A filing is effective only as provided in ORS 56.080, 65.001, 65.011, 65.014 and 65.017.

�� (b) The document may include:

�� (A) Information other than the information required under paragraph (a) of this subsection;

�� (B) Arabic or Roman numerals and incidental punctuation;

�� (C) The seal of the corporation or foreign corporation;

�� (D) An attestation by the secretary or an assistant secretary of the corporation or foreign corporation; or

�� (E) An acknowledgment, verification or proof.

�� (2)(a) A person that signs a document for filing under this section must be:

�� (A) The chairperson of the board of directors, the president or another officer of a corporation or foreign corporation;

�� (B) An incorporator, if directors of the corporation or foreign corporation have not been selected or if the execution of the document occurs before an organizational meeting has occurred;

�� (C) A receiver, trustee or other court-appointed fiduciary, if the corporation or foreign corporation is subject to the control of the receiver, trustee or fiduciary;

�� (D) The person specified in any section of this chapter that required the document to be filed; or

�� (E) An agent of a person identified in this paragraph, if the person authorizes the agent to execute the document.

�� (b) The person that signs the document shall:

�� (A) State beneath or opposite the person�s signature the person�s name and the capacity in which the person signs; and

�� (B) Declare, above the person�s signature and under penalty of perjury, that the document does not fraudulently conceal, fraudulently obscure, fraudulently alter or otherwise misrepresent the identity of the person or any of the directors, officers, employees or agents of the corporation on behalf of which the person signs.

�� (3)(a) If under ORS 65.016 the Secretary of State has prescribed a mandatory form for a document, including an electronic form, the document must be in or on the prescribed form.

�� (4) A certificate of existence required for a foreign corporation may be written in a language other than English if a reasonably authenticated English translation accompanies the certificate. [Amended by 1999 c.486 �10; 2013 c.159 �10; 2019 c.174 �8; 2019 c.597 �5]

�� 65.007 Filing, service, copying and certification fees. The Secretary of State shall collect the fees described in ORS 56.140 for each document delivered for filing under this chapter and for process served on the secretary under this chapter. The secretary may collect the fees described in ORS 56.140 for copying any public record under this chapter, certifying the copy or certifying to other facts of record under this chapter. [1989 c.1010 ��5,5a; 1991 c.132 �5; 1999 c.652 �12]

�� 65.011 Effective time and date of document. (1) Except as provided in subsection (2) of this section and ORS 56.080, 65.014 and 65.275, a document accepted for filing after review is effective:

�� (a) On the date the Secretary of State files the document; and

�� (b) At the time, if any, the document specifies as the document�s effective time or at 12:01 a.m. on that date if the document does not specify an effective time.

�� (2) If a document specifies a delayed effective time and date, the document becomes effective at the time and date specified. If a document specifies a delayed effective date but no time, the document becomes effective at 12:01 a.m. on that date. A delayed effective date for a document may not be later than the 90th day after the date the document is filed. [1989 c.1010 �6; 2019 c.325 �22]

�� 65.014 Correcting filed document. (1) A domestic corporation or foreign corporation may correct a document filed by the Secretary of State other than an annual report, if the document:

�� (a) Contains an incorrect statement; or

�� (b) Was defectively executed, attested, sealed, verified or acknowledged.

�� (2) Errors in annual reports may be corrected as provided in ORS 65.787.

�� (3) A domestic corporation or foreign corporation seeking to correct a document shall deliver the articles of correction to the Secretary of State for filing. The articles of correction must include the following:

�� (a) A description of the incorrect document, including the filing date or a copy of the document;

�� (b) A description of the incorrect statement and the reason the statement is incorrect or a description of the manner in which the execution, attestation, seal, verification or acknowledgment is defective; and

�� (c) A correction of the incorrect statement or defective execution, attestation, seal, verification or acknowledgment.

�� (4) Articles of correction are effective on the effective date of the document the articles correct except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, articles of correction are effective when filed by the Secretary of State.

�� (5) An incorrect document with a delayed effective date may also be corrected by withdrawal and new filing pursuant to the provisions of ORS 56.080. [1989 c.1010 �7; 2019 c.174 �9]

�� 65.016 Forms; rules. Upon request, the Secretary of State may furnish forms for documents required or permitted to be filed by this chapter. The Secretary of State may by rule require the use of the forms. [1989 c.1010 �4; 1995 c.215 �13]

�� 65.017 Filing duty of Secretary of State. (1) If a document delivered to the Secretary of State for filing satisfies the requirements of ORS 65.004, the Secretary of State shall file the document.

�� (2) The Secretary of State files a document by accepting, reviewing and entering the document into the Secretary of State�s files, indicating on the document the date of filing and that the Secretary of State has filed the document. The time of filing is 12:01 a.m. on the date of filing. After filing a document, except a document described in ORS 65.114, 65.671, 65.674, 65.724 and 65.787, the Secretary of State shall return an acknowledgment of filing to the corporation that filed the document or to a representative of the corporation.

�� (3) If the Secretary of State refuses to file a document, the Secretary of State shall return the document to the corporation that sought to file the document or to a representative of the corporation within 10 business days after the Secretary of State received the document, together with a brief written explanation of the reason or reasons for the refusal.

�� (4) The Secretary of State�s duty to file documents under this section is ministerial. The Secretary of State is not required to verify or inquire into the legality or truth of any matter included in any document delivered to the Secretary of State for filing. The Secretary of State�s filing or refusing to file a document does not:

�� (a) Affect the validity or invalidity of the document in whole or in part except as provided in ORS 65.051; or

�� (b) Relate to the correctness or incorrectness of information contained in the document.

�� 65.021 Appeal from Secretary of State�s refusal to file document. If the Secretary of State refuses to file a document delivered to the Secretary of State for filing, a domestic corporation or foreign corporation, in addition to any other legal remedy which may be available, has the right to appeal from such final order pursuant to the provisions of ORS 183.484. [1989 c.1010 �9; 2019 c.174 �11]

�� 65.024 Evidentiary effect of certified copy of filed document or secretary�s certificate. (1) A certificate bearing the Secretary of State�s signature, which may be in facsimile, and attached to a copy of a document is conclusive evidence that the original document or a facsimile thereof is on file with the Secretary of State.

�� (2) The following documents and certificates must be received in all courts, public offices and official bodies of this state as prima facie evidence of the facts stated in the documents or certificates, unless a greater evidentiary effect is provided in ORS 65.027 and 65.051 or elsewhere in this chapter or the document was thereafter corrected or withdrawn from the files of the Secretary of State:

�� (a) All facts stated in certificates the Secretary of State issues with respect to the Secretary of State�s business registry functions including a certificate of compliance or noncompliance of a document with filing requirements or other provisions of law administered by the Secretary of State, or a certificate as to the existence or nonexistence of facts that would appear from presence or absence of documents in the files of the Secretary of State; and

�� (b) All facts stated in documents certified as filed by the Secretary of State, but only to the extent the specific items were required to be included in the document by this chapter or ORS chapter 61 (1987 Replacement Part). [1989 c.1010 �10; 2019 c.174 �12]

�� 65.027 Certificate of existence or authorization. (1) Anyone may apply to the Secretary of State to furnish a certificate of existence for a domestic corporation or a certificate of authorization for a foreign corporation.

�� (2) A certificate of existence or authorization, when issued, means that:

�� (a) The domestic corporation�s corporate name or the foreign corporation�s corporate name is of active record in this state;

�� (b) The domestic corporation is duly incorporated under the law of this state or the foreign corporation is authorized to transact business in this state;

�� (c) All fees payable to the Secretary of State under this chapter have been paid, if nonpayment affects the existence or authorization of the domestic corporation or foreign corporation;

�� (d) An annual report if required by ORS 65.787 has been filed by the Secretary of State within the preceding 14 months; and

�� (e) Articles of dissolution or an application for withdrawal have not been filed by the Secretary of State.

�� (3) A person may apply to the Secretary of State to issue a certificate covering any fact of record.

�� (4) Subject to any qualification stated in the certificate, a certificate of existence or authorization issued by the Secretary of State may be relied upon as conclusive evidence that the domestic corporation or foreign corporation is in existence or is authorized to transact business in this state. [1989 c.1010 �11; 2019 c.174 �13]

(Secretary of State)

�� 65.031 Powers. The Secretary of State has the power reasonably necessary to perform the duties required of the Secretary of State by this chapter. [1989 c.1010 �13; 2019 c.174 �14]

(Notice)

�� 65.034 Notice. (1) Notice may be oral or written unless otherwise specified for a particular kind of notice.

�� (2) Notice may be communicated in person, by telephone, electronically or by mail or private carrier, including publication in a newsletter or similar document mailed to a member�s or director�s address. If personal notice is not possible, notice may be communicated by a newspaper of general circulation in the area where the meeting is to be held, or by radio, television or other form of public broadcast communication.

�� (3) A notice is effective only if the notice is communicated in a comprehensible form.

�� (4) Oral notice is effective when communicated.

�� (5)(a) Electronic notice in writing is effective at the earlier of:

�� (A) When the notice is received; or

�� (B) Two days after the notice is sent, if the notice is correctly addressed.

�� (b) Notice by mail or private carrier is effective at the earlier of:

�� (A) Five days after the notice is deposited in the United States mail, if the notice is correctly addressed and has first class postage affixed;

�� (B) On the date shown on the return receipt, if the notice is sent by registered or certified mail, return receipt requested, and the receipt is signed by or on behalf of the addressee; or

�� (C) On the date that the articles of incorporation or bylaws specify with respect to notice to members or directors.

�� (6)(a) Written notice is correctly addressed to a member or director of a corporation if the notice is addressed to the most recent address the member or director provided for receiving notice from the corporation.

�� (b) A written notice or report delivered as part of a newsletter, magazine or other publication sent to a member constitutes a written notice or report if the newsletter, magazine or other publication is addressed or delivered to the member�s address as the address appears in the corporation�s current list of members, or in the case of members who are residents of the same household and who have the same address in the corporation�s current list of members, if the newsletter, magazine or other publication is addressed or delivered to one of the members at the address appearing on the current list of members.

�� (c) Written notice is correctly addressed to a domestic corporation or a foreign corporation that is authorized to transact business in this state, other than in the corporation�s capacity as a member, if the notice is addressed to the corporation�s registered agent or, if the corporation does not have a registered agent on record, to the principal office shown in the corporation�s most recent annual report or, if the corporation has not filed an annual report, in the articles of incorporation or in the corporation�s application for a certificate of authority to do business.

�� (7) If ORS 65.214 or any other provision of this chapter prescribes different notice requirements for particular circumstances, those requirements govern. If articles of incorporation or bylaws prescribe different notice requirements that are more stringent than the provisions of this section or other provisions of this chapter, the requirements in the articles of incorporation or bylaws govern. [1989 c.1010 �15; 2019 c.174 �15]

(Private Foundations)

�� 65.036 Private foundations. Except where otherwise determined by a court of competent jurisdiction, a corporation which is a private foundation as defined in section 509 of the Internal Revenue Code of 1986 shall:

�� (1) Distribute such amounts for each taxable year at such time and in such manner as not to subject the corporation to tax under section 4942 of the Internal Revenue Code of 1986;

�� (2) Not engage in any act of self-dealing as defined in section 4941(d) of the Internal Revenue Code of 1986;

�� (3) Not retain any excess business holdings as defined in section 4943(c) of the Internal Revenue Code of 1986;

�� (4) Not make any investments in such a manner as to subject the corporation to taxes on investments which jeopardize charitable purposes as provided in section 4944 of the Internal Revenue Code of 1986; and

�� (5) Not make any taxable expenditures as defined in section 4945(d) of the Internal Revenue Code of 1986. [1989 c.1010 �16]

(Judicial Relief)

�� 65.038 Judicial relief. (1)(a) If a corporation asserts that calling or conducting a meeting of the corporation�s members, delegates or directors or otherwise obtaining consent from the members, delegates or directors in accordance with the corporation�s articles of incorporation or bylaws or in accordance with this chapter is impractical or impossible, or if the corporation cannot identify the corporation�s members or directors, a director, an officer, a delegate, a member or the Attorney General may petition for an order to call or conduct a meeting or an order to identify the corporation�s members or directors. The director, officer, delegate, member or the Attorney General shall submit the petition to the circuit court for the county in this state that the corporation�s last filed annual report, the articles of incorporation or an application for authority to transact business in this state identifies as the location of the corporation�s principal office. If the annual report, the articles of incorporation or the application does not identify the county in which the principal office is located, the director, officer, delegate, member or the Attorney General may petition for an order from the circuit court of Marion County or Multnomah County.

�� (b) In an order under paragraph (a) of this subsection, the court may:

�� (A) Direct the corporation to call a meeting and provide a written ballot or other form of obtaining the vote of members, delegates or directors in any manner that the court finds is fair and equitable under the circumstances; or

�� (B) Determine who the members or directors of the corporation are or amend the articles of incorporation to state that the corporation does not have members.

�� (2) The court shall, in an order issued under this section, provide for a method of notice reasonably designed to give actual notice to all persons who would be entitled to notice of a meeting held pursuant to the articles of incorporation, bylaws and this chapter, whether or not the method results in actual notice to all such persons or conforms to the notice requirements that would otherwise apply.

�� (3) An order that a court issues in accordance with this section may for good cause shown dispense with any requirement to hold a meeting or to obtain votes, including any requirement that the articles of incorporation, bylaws or this chapter might otherwise impose as to quorum or as to the number or percentage of votes needed to approve an act.

�� (4) Whenever practical, a court in any order issued under this section shall limit the subject matter of meetings or other forms of consent judicially authorized to those items, including amendments to the articles of incorporation or bylaws, the resolution of which will or may enable the corporation to continue managing the corporation�s affairs without further resort to this section. An order issued under this section may also authorize the obtaining of whatever votes and approvals are necessary for the dissolution, merger or sale of assets.

�� (5) Any meeting or other method of obtaining the vote of members, delegates or directors conducted pursuant to an order issued under this section, and which complies with all the provisions of the order, is for all purposes a valid meeting or vote, as the case may be, and has the same force and effect as if the meeting or method of obtaining the vote complied with every requirement imposed by the articles of incorporation, bylaws and this chapter. [1989 c.1010 �17; 2019 c.174 �16]

(Attorney General)

�� 65.040 Notice to Attorney General; effect of failure to notify. (1) The Attorney General must be given notice of the commencement of any proceeding that ORS 65.038, 65.084,

ORS 65.174

65.174, 65.207, 65.327, 65.661 or 65.751 or any other provision of this chapter authorizes the Attorney General to bring but that another person has commenced.

�� (2) Whenever any provision of this chapter requires that notice be given to the Attorney General before or after commencing a proceeding or permits the Attorney General to commence a proceeding:

�� (a) If no proceeding has been commenced, the Attorney General may take appropriate action including, but not limited to, seeking injunctive relief; or

�� (b) If a proceeding has been commenced by a person other than the Attorney General, the Attorney General, as of right, may intervene in the proceeding. [1989 c.1010 �18; 2019 c.174 �17]

(Religious Corporations)

�� 65.042 Religious corporations; constitutional protections. If religious doctrine or practice governing the affairs of a religious corporation is inconsistent with the provisions of this chapter on the same subject, the religious doctrine or practice shall control to the extent required by the Constitution of the United States or the Constitution of this state, or both. [1989 c.1010 �19]

INCORPORATION

�� 65.044 Incorporators. One or more individuals 18 years of age or older, a domestic or foreign corporation, a partnership or an association may act as incorporators of a corporation by delivering articles of incorporation to the Secretary of State for filing. [1989 c.1010 �20]

�� 65.047 Articles of incorporation. (1) Articles of incorporation formed in accordance with this chapter after October 3, 1989, must set forth:

�� (a) A corporate name for the corporation that satisfies the requirements of ORS 65.094;

�� (b) One of the following statements or words of similar import:

�� (A) This corporation is a public benefit corporation;

�� (B) This corporation is a mutual benefit corporation; or

�� (C) This corporation is a religious corporation;

�� (c) The address, including street and number, of the corporation�s initial registered office and the name of the corporation�s initial registered agent at that location;

�� (d) The name and address of each incorporator;

�� (e) An alternate corporate mailing address which must be that of the principal office to which notices, as required by this chapter, may be mailed until the principal office of the corporation has been designated by the corporation in the corporation�s annual report;

�� (f) Whether or not the corporation will have members; and

�� (g) Provisions regarding the distribution of assets on dissolution.

�� (2) The articles of incorporation may set forth:

�� (a) The names and addresses of the initial directors;

�� (b) Provisions regarding:

�� (A) The purpose or purposes for which the corporation is organized;

�� (B) Managing and regulating the affairs of the corporation;

�� (C) Defining, limiting and regulating the powers of the corporation, the corporation�s board of directors, and members or any class of members; and

�� (D) The characteristics, qualifications, rights, limitations and obligations attaching to each or any class of members;

�� (c) A provision eliminating or limiting the personal liability of a director or uncompensated officer to the corporation or the corporation�s members for monetary damages for conduct as a director or officer, provided that the provision may not eliminate or limit the liability of a director or officer for any act or omission occurring before the date on which the provision becomes effective, and the provision may not eliminate or limit the liability of a director or officer for:

�� (A) Any breach of the director�s or officer�s duty of loyalty to the corporation or the corporation�s members;

�� (B) Acts or omissions not in good faith or that involve intentional misconduct or a knowing violation of law;

�� (C) Any unlawful distribution;

�� (D) Any transaction from which the director or officer derived an improper personal benefit; and

�� (E) Any act or omission in violation of ORS 65.361 to 65.367; and

�� (d) Any provision that under this chapter is required or permitted to be set forth in the bylaws.

�� (3) The incorporator or incorporators shall sign the articles of incorporation and before including the name of any individual as a director shall state that the incorporator or incorporators have obtained the consent of each director named to serve.

�� (4) The articles of incorporation need not set forth any of the corporate powers enumerated in this chapter but may restrict the powers in order to meet federal tax code requirements or for other purposes. [1989 c.1010 �21; 2019 c.174 �18]

�� 65.051 Incorporation. (1) Unless a delayed effective date is specified, the corporate existence begins when the articles of incorporation are reviewed, accepted and filed by the Secretary of State.

�� (2) The Secretary of State�s filing of the articles of incorporation is conclusive proof that the incorporators satisfied all conditions precedent to incorporation applicable at the time of incorporation except as provided in ORS 56.080 or in a proceeding by the state to cancel or revoke the incorporation or involuntarily dissolve the corporation. [1989 c.1010 �22]

�� 65.054 Liability for preincorporation transactions. All persons purporting to act as or on behalf of a corporation organized or subject to the authority of this chapter, knowing there was no incorporation under this chapter at the relevant time, may be held to be jointly and severally liable for all liabilities created while so acting if, under the circumstances, it is equitable to do so. [1989 c.1010 �23]

�� 65.057 Organization of corporation. (1) After incorporation:

�� (a) If initial directors are named in the articles of incorporation, the initial directors shall hold an organizational meeting at the call of a majority of the directors, with notice as provided in ORS 65.344, to complete the organization of the corporation by appointing officers, adopting bylaws and carrying on any other business brought before the meeting.

�� (b) If initial directors are not named in the articles of incorporation, the incorporator or incorporators shall hold an organizational meeting at the call of a majority of the incorporators with equivalent notice to that specified in ORS 65.344:

�� (A) To complete the organization of the corporation and to elect directors; or

�� (B) To elect a board of directors whose election completes the organization of the corporation.

�� (2) Action required or permitted by this chapter to be taken by incorporators or directors at an organizational meeting may be taken without a meeting if the action taken is evidenced by one or more written consents describing the action taken and signed by each incorporator or director, in accordance with the procedures of ORS 65.341.

�� (3) An organizational meeting may be held in or out of this state. [1989 c.1010 �24; 2015 c.278 �2; 2019 c.174 �19]

�� 65.061 Bylaws. (1) The incorporators or board of directors of a corporation, whichever completes the organization of the corporation at the corporation�s organizational meeting, shall adopt initial bylaws for the corporation.

�� (2) The bylaws may contain any provision for managing and regulating the affairs of the corporation that is consistent with law and the articles of incorporation.

�� (3) Except with respect to a corporation�s articles of incorporation, provisions in the bylaws control provisions in any other document for managing or regulating the affairs of the corporation. If a provision in the bylaws is inconsistent with a provision in the articles of incorporation, the provision in the articles of incorporation controls. [1989 c.1010 �25; 2019 c.174 �20]

�� 65.064 Emergency bylaws and powers. (1) Unless the articles of incorporation provide otherwise, the board of directors of a corporation may adopt, amend or repeal bylaws to be effective only in an emergency as described in subsection (4) of this section. The emergency bylaws, which are subject to amendment or repeal by the members, may provide special procedures necessary for managing the corporation during the emergency, including:

�� (a) Procedures for calling a meeting of the board of directors;

�� (b) Quorum requirements for the meeting; and

�� (c) Designation of additional or substitute directors.

�� (2) All provisions of the regular bylaws consistent with the emergency bylaws remain effective during the emergency. The emergency bylaws are not effective after the emergency ends.

�� (3) Corporate action taken in good faith in accordance with the emergency bylaws binds the corporation. A corporate director, officer, employee or agent is not liable for deviation from normal procedures if the conduct was authorized by emergency bylaws adopted as provided in this section.

�� (4) An emergency exists for purposes of this section if a quorum of the corporation�s directors cannot readily be assembled because of some present or imminent catastrophic event. [1989 c.1010 �26; 2019 c.174 �21]

�� 65.067 Corporation sole. (1) Except as provided in subsection (5) of this section, an individual may, in conformity with the constitution, canons, rules, regulations and disciplines of a church or religious denomination, form a corporation sole under this section. A corporation sole is a form of religious corporation and differs from other religious corporations organized under this chapter only in that the corporation sole does not have a board of directors, does not need to have officers and is managed by a single director who is the individual who constitutes the corporation and is the corporation sole�s incorporator or the successor of the incorporator.

�� (2) The name of the corporation sole is the same as the office within the church or religious denomination that the incorporator holds, followed by the words �and successors, a corporation sole.�

�� (3) Except to the extent that a provision of this chapter is not applicable to a corporation sole�s form of organization, all of the provisions of this chapter apply to a corporation sole. If the corporation sole has no officers, the director may perform any act that an officer may perform with the same effect and in the same manner as though one or more officers of the corporation sole performed the act.

�� (4) If a corporation sole or the individual that constitutes the corporation sole is the only member of a religious corporation, the religious corporation need not hold an annual membership meeting under ORS 65.201 if the religious corporation is:

�� (a) Incorporated under the provisions of this chapter; and

�� (b) Of the same church or religious denomination as the corporation sole.

�� (5) A corporation sole may not be formed, incorporated or reinstated in this state on or after June 8, 2015. A corporation sole that exists before June 8, 2015, may continue to operate as a corporation sole, subject to the provisions of this chapter, if the corporation sole remains active and was not dissolved. [1989 c.1010 �27; 2013 c.139 �1; 2015 c.278 �1; 2023 c.299 �1]

PURPOSES AND POWERS

�� 65.074 Purposes. (1) Every corporation incorporated under this chapter has the purpose of engaging in any lawful activity unless a more limited purpose is set forth in the articles of incorporation. A person may not incorporate a corporation under this chapter for any illegal purpose or with an intent to fraudulently conceal any business activity from another person or a governmental agency.

�� (2) A corporation that is subject to regulation under another statute of the state may not be incorporated under this chapter if the corporation must be organized under the other statute. [1989 c.1010 �28; 2019 c.174 �22]

�� 65.077 General powers. Unless its articles of incorporation provide otherwise, every corporation has perpetual duration and succession in its corporate name and has the same powers as an individual to do all things necessary or convenient to carry out its affairs, including, without limitation, power to:

�� (1) Sue and be sued, complain and defend in its corporate name.

�� (2) Have a corporate seal, which may be altered at will, and to use it, or a facsimile of it, by impressing or affixing or reproducing it in any other manner.

�� (3) Make and amend bylaws not inconsistent with its articles of incorporation or with the laws of this state, for regulating and managing the affairs of the corporation.

�� (4) Purchase, take by gift, devise or bequest, receive, lease or otherwise acquire, and own, hold, improve, use and otherwise deal with, real or personal property or any interest in property, wherever located.

�� (5) Sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise dispose of all or any part of its property.

�� (6) Purchase, receive, subscribe for or otherwise acquire, own, hold, vote, use, sell, mortgage, lend, pledge or otherwise dispose of and deal in or with shares or other interests in or obligations of any other entity.

�� (7) Make contracts and guarantees, incur liabilities, borrow money, issue notes, bonds and other obligations, and secure any of its obligations by mortgage or pledge of any of its property, franchises or income.

�� (8) Lend money, invest and reinvest its funds, and receive and hold real and personal property as security for repayment, except as limited by ORS 65.364.

�� (9) Be a promoter, partner, member, associate or manager of any partnership, joint venture, trust or other entity.

�� (10) Conduct its activities, locate offices and exercise the powers granted by this chapter within or without this state.

�� (11) Elect or appoint directors, officers, employees, and agents of the corporation, define their duties and fix their compensation, if any.

�� (12) Pay pensions and establish pension plans, pension trusts and other benefit and incentive plans for any or all of its current or former directors, officers, employees and agents.

�� (13) Unless otherwise provided in the articles of incorporation, make donations not inconsistent with law for the public welfare or for charitable, benevolent, religious, scientific or educational purposes and for other purposes that further the corporate interest.

�� (14) Impose dues, assessments, admission and transfer fees upon its members.

�� (15) Establish conditions for admission of members, admit members and issue memberships.

�� (16) Carry on a business.

�� (17) Do any other act, not inconsistent with law, that furthers the activities and affairs of the corporation.

�� (18) Dissolve, merge or reorganize as provided in this chapter. [1989 c.1010 �29]

�� 65.081 Emergency powers. (1) During an emergency defined in subsection (4) of this section, the board of directors or a corporation may:

�� (a) Modify lines of succession to accommodate the incapacity of any director, officer, employee or agent; or

�� (b) Relocate the principal office, designate alternative principal offices or regional offices or authorize the officers to do so.

�� (2) During an emergency defined in subsection (4) of this section, unless emergency bylaws provide otherwise:

�� (b) One or more officers of the corporation present at a meeting of the board of directors may be deemed to be directors for purposes of the meeting, in order of the officer�s rank, and within the same rank in order of seniority, as necessary to achieve a quorum.

�� (3) Corporate action taken in good faith under this section to further the affairs of the corporation during an emergency binds the corporation. A corporate director, officer, employee or agent shall not be liable for deviation from normal procedures if the conduct was authorized by emergency powers provided in this chapter.

�� 65.084 Challenge of corporate authority; remedy. (1) Except as provided in subsection (2) of this section, the validity of corporate action may not be challenged on the ground that the corporation lacks or lacked power to act.

�� (2) A corporation�s power to act may be challenged:

�� (a) In a proceeding by a member or members, a director or the Attorney General against the corporation to enjoin the act;

�� (b) In a proceeding by the corporation, directly, derivatively or through a receiver, a trustee or other legal representative, including the Attorney General in the case of a public benefit corporation, against an incumbent or former director, officer, employee or agent of the corporation;

�� (c) In a proceeding under ORS 65.664; or

�� (d) In an action under ORS 65.281.

�� (3) In a proceeding under subsection (2)(a) of this section to enjoin an unauthorized corporate act, the court may enjoin or set aside the act, if equitable and if all affected persons are parties to the proceeding, and may award damages for loss other than anticipated profits suffered by the corporation or another party because of enjoining the unauthorized act. [1989 c.1010 �31; 2019 c.325 �23]

NAME

�� 65.094 Corporate name. (1) A corporate name may not contain language stating or implying that the corporation is organized for a purpose other than that permitted by ORS 65.074 and the articles of incorporation.

�� (2) A corporate name may not contain the word �cooperative� or the phrase �limited partnership.�

�� (3) A corporate name must be written in the alphabet used to write the English language but may include Arabic and Roman numerals and incidental punctuation.

�� (4) Except as authorized by subsection (5) of this section, a corporate name must be distinguishable upon the records of the Secretary of State from any other corporate name, professional corporate name, business corporate name, cooperative name, limited partnership name, business trust name, reserved name, registered corporate name or assumed business name of active record with the Secretary of State.

�� (5) The corporate name need not satisfy the requirement of subsection (4) of this section if the applicant delivers to the Secretary of State a certified copy of a final judgment of a court of competent jurisdiction that finds that the applicant has a prior or concurrent right to use the corporate name in this state.

�� (6) The provisions of this section do not prohibit a corporation from transacting business under an assumed business name.

�� (7) The provisions of this section do not:

�� (a) Abrogate or limit the law governing unfair competition or unfair trade practices; or

�� (b) Derogate from the common law, the principles of equity or the statutes of this state or of the United States with respect to the right to acquire and protect trade names. [1989 c.1010 �32; 2019 c.174 �23]

�� 65.097 Reserved name. (1) A person may apply to the Secretary of State to reserve a corporate name. The application must set forth the name and address of the applicant and the name proposed to be reserved.

�� (2) If the Secretary of State finds that the corporate name applied for conforms to ORS

ORS 65.870

65.870; 2021 c.296 �15]

�� Note: See note under 97.660.

�� 97.680 Recording plan; power to improve and regulate grounds. (1) As used in this section, �plan� means a document indicating the placement of lots or burial spaces, and of the niches or inurnment spaces in the buildings erected thereon, as established and authorized by the cemetery authority.

�� (2) A nonprofit corporation organized and existing solely for the purposes of owning and operating a cemetery or cremating or reducing the bodies of deceased persons and burying and caring for cremated or reduced remains shall cause a plan of its land and grounds and of the lots laid out by it and of the niches or burial space in the buildings erected thereon to be made and recorded in the county in which such grounds and land are located, such lots or spaces to be numbered by regular consecutive numbers. Such corporation may enclose, improve, and adorn the grounds, buildings, and avenues, prescribe rules for the designation, improvement and adorning of lots and burial spaces and for erecting monuments, and prohibit any use, division, improvement or adornment of a lot or burial space which it may deem improper. [Formerly 65.875; 2021 c.296 �16]

�� Note: See note under 97.660.

CEMETERY MANAGEMENT

�� 97.710 Power of cemetery authority to make rules and regulations. (1) The cemetery authority may make and enforce rules and regulations for:

�� (a) The use, care, control, management, restriction and protection of its cemetery;

�� (b) Restricting and limiting the use of all property within its cemetery;

�� (c) Regulating the uniformity, class and kind of all markers, monuments and other structures within its cemetery;

�� (d) Prohibiting the erection of monuments, markers or other structures in or upon any portion of its property;

�� (e) Regulating or preventing the erection of monuments, effigies and structures within any portion of the cemetery grounds and for the removal thereof;

�� (f) Regulating the care or preventing the introduction of plants or shrubs within such grounds;

�� (g) Preventing the interment in any part thereof of a body not entitled to interment therein;

�� (h) Preventing the use of burial plots for purposes violative of its restrictions;

�� (i) Regulating the conduct of persons and preventing improper assemblages therein; and

�� (j) All other purposes deemed necessary by the cemetery authority for the proper conduct of its business and the protection and safeguarding of the premises and the principles, plans and ideals on which the cemetery was organized.

�� (2) The cemetery authority from time to time may amend, add to, revise, change or modify such rules and regulations.

�� (3) Such rules and regulations shall be plainly printed or typewritten and maintained, subject to inspection, in the office of the cemetery authority.

�� 97.720 Record of interments, cremations and reductions; inspection. (1) The person in charge of any premises on which interments, cremations or reductions are made shall keep a record of all remains interred or cremated or reduced on the premises under the person�s charge, in each case stating the name of each deceased person, the date of interment, cremation or reduction, and the name and address of the funeral service practitioner. The interment records shall be open to inspection by survivors of the decedent during the customary office hours of the cemetery authority.

�� (2) A record shall be kept of the ownership of all plots in the cemetery which have been conveyed by the cemetery authority and of all transfers of plots in the cemetery. [Amended by 2021 c.296 �17]

�� 97.725 Disposal of unclaimed burial spaces; notice; form of notice; claims. (1) As used in this section, �unclaimed burial space� means a burial space in a cemetery:

�� (a) That has not been used for purposes of interment for at least 75 years by the record owner of the burial space or by a party claiming through the record owner of the burial space; and

�� (b) For which the cemetery authority has no record of any verbal or written contact for a period of at least 75 years with the record owner of the burial space or with a party claiming through the record owner of the burial space.

�� (2) Notwithstanding ORS 97.630 or 97.810 to 97.920, a cemetery authority may dispose of unclaimed burial spaces as described in subsections (3) to (7) of this section.

�� (3) The cemetery authority shall prepare an inventory describing the unclaimed burial spaces, including the purchase date and record owner of each unclaimed burial space as shown in the records of the cemetery.

�� (4) The governing body of the cemetery authority shall adopt a predisposition resolution approving the inventory prepared under subsection (3) of this section and directing the officers of the cemetery authority to dispose of the unclaimed burial spaces as provided in this section.

�� (5) The cemetery authority shall:

�� (a) Send, by certified mail, return receipt requested, a notice containing a description of the unclaimed burial space and the address and telephone number of the cemetery authority, in substantially the form set forth in subsection (10) of this section, to the last-known address of the record owner of each unclaimed burial space described in the inventory and to the last-known address of any other person who the cemetery authority has reason to believe has an ownership or security interest in any of the unclaimed burial spaces described in the inventory.

�� (b) Post the notice for at least four weeks at the cemetery containing the unclaimed burial spaces in a place reasonably likely to provide notice to owners of the burial spaces.

�� (c) Publish the notice in a newspaper of general circulation in the area of the cemetery authority for at least four successive weeks.

�� (d) Provide notice by telephone and electronic mail, if telephone or electronic mail contact information is available, to the record owner of each unclaimed burial space and to any other person who the cemetery authority has reason to believe has an ownership or security interest in any of the unclaimed burial spaces.

�� (6) If, within 120 days after the date of the notice described in subsection (5) of this section, a person makes a claim with the cemetery presenting documentation that the person is the lawful owner or holds a security interest in an unclaimed burial space described in the inventory, the cemetery authority shall, during the 30 days following the expiration of the 120-day period described in this subsection:

�� (a) Approve the claim and execute an instrument transferring the right of interment in the burial space to the claimant; or

�� (b) Notify the claimant that the cemetery authority denies the claim.

�� (7) If a cemetery authority denies a claim under subsection (6) of this section, the claimant may, within 30 days after the date of the denial, file a petition seeking return of the unclaimed burial space in the circuit court for the county in which the cemetery authority is located. If a petition is filed, the cemetery authority shall hold the unclaimed burial space until the court issues an order directing disposition of the unclaimed burial space. If the court grants the petition, the cemetery authority shall execute an instrument transferring the right of interment in the burial space to the claimant.

�� (8) If, 120 days after the date of the notice described in subsection (5) of this section, no person has made a claim with the cemetery authority with regard to an unclaimed burial space described in the notice, or if the court denies with prejudice a petition filed under subsection (7) of this section, the governing body of the cemetery authority may adopt a resolution declaring the unclaimed burial space to be abandoned. Upon adoption of the resolution, title to an abandoned burial space passes to the cemetery authority free of any right, title, estate, lien or ownership interest held by any other person. The cemetery authority may transfer good and sufficient title to any subsequent purchaser or transferee, and the title shall be recognized by all courts and governmental agencies. Any department, agency or officer of this state or any political subdivision of this state whose official functions include the issuance of certificates or other evidence of title is immune from civil or criminal liability when such issuance is pursuant to a bill of sale issued by the cemetery authority under this section.

�� (9) If, within one year after adoption of a resolution under subsection (8) of this section, a person files a claim with the cemetery authority that presents proof satisfactory to the cemetery authority that the person�s ownership of or security interest in an abandoned burial space was extinguished by the resolution, the cemetery authority shall provide the claimant with a reasonably comparable burial space within 30 days after the claimant makes the claim.

�� (10) The notice required by subsection (5) of this section must be in substantially the following form:

___ (DATE)

�� ___ (name of cemetery authority) has identified the following unclaimed burial spaces in ______ (name of cemetery):

�� ____

(Description of unclaimed burial spaces, including purchase date and record owner)

�� If you have any right, title, estate, lien or ownership interest in any of the unclaimed burial spaces described above, you must file a claim with (name of cemetery authority) within 120 days of the date of this notice or you will lose your interest in the unclaimed burial spaces described above.

[2012 c.33 �2]

�� 97.730 Gifts and bequests in trust for cemeteries. Gifts, grants and bequests of personal property in trust for the purpose of providing perpetual care and maintenance, improvement or embellishment of private burial lots in or outside of cemeteries and of the walks, fences, monuments, structures or tombs thereon, are permitted and shall be deemed to be for perpetual and benevolent uses. They are not invalid by reason of any indefiniteness or uncertainty of the persons designated as beneficiaries in the instrument creating the trust; nor are they invalid as violating any existing laws against perpetuities or suspension of the power of alienation of title to property. But nothing in this section affects any existing authority or cause to pass upon the reasonableness of the amount of such gift, grant or bequest. Any cemetery association may act as trustee of and execute any such trust with respect to lots, walks, fences, monuments, structures or tombs, both within or outside its own cemetery limits, but within the county where such cemetery association has its principal office and place of business, whether such power is otherwise included in its corporate powers or not.

INDIAN GRAVES AND PROTECTED OBJECTS

�� 97.740 Definitions for ORS 97.740 to 97.760. For the purposes of ORS 97.740 to 97.760:

�� (1) �Burial� has the meaning given that term in ORS 358.905.

�� (2) �Funerary object� has the meaning given that term in ORS 358.905.

�� (3) �Human remains� has the meaning given that term in ORS 358.905.

�� (4) �Indian tribe� means any tribe of Indians recognized by the Secretary of the Interior or listed in the Klamath Termination Act, 25 U.S.C. 3564 et seq., or listed in the Western Oregon Indian Termination Act, 25 U.S.C. 3691 et seq., if the traditional cultural area of the tribe includes Oregon lands.

�� (5) �Object of cultural patrimony� has the meaning given that term in ORS 358.905.

�� (6) �Professional archaeologist� means a person who has extensive formal training and experience in systematic, scientific archaeology.

�� (7) �Sacred object� has the meaning given that term in ORS 358.905. [1977 c.647 �1; 1981 c.442 �3; 1985 c.198 �2; 1993 c.459 �9; 1997 c.249 �34]

�� 97.745 Prohibited acts; application; notice. (1) Except as provided in ORS 97.750, no person shall willfully remove, mutilate, deface, injure or destroy any cairn, burial, human remains, funerary object, sacred object or object of cultural patrimony of any native Indian. Persons disturbing native Indian cairns or burials through inadvertence, including by construction, mining, logging or agricultural activity, shall at their own expense reinter the human remains or funerary object under the supervision of the appropriate Indian tribe.

�� (2) Except as authorized by the appropriate Indian tribe, no person shall:

�� (a) Possess any native Indian artifacts, human remains or funerary object having been taken from a native Indian cairn or burial in a manner other than that authorized under ORS 97.750.

�� (b) Publicly display or exhibit any native Indian human remains, funerary object, sacred object or object of cultural patrimony.

�� (c) Sell any native Indian artifacts, human remains or funerary object having been taken from a native Indian cairn or burial or sell any sacred object or object of cultural patrimony.

�� (3) This section does not apply to:

�� (a) The possession or sale of native Indian artifacts discovered in or taken from locations other than native Indian cairns or burials; or

�� (b) Actions taken in the performance of official law enforcement duties.

�� (4) Any discovered human remains suspected to be native Indian shall be reported to the state police, the State Historic Preservation Officer, the appropriate Indian tribe and the Commission on Indian Services. [1977 c.647 �2; 1979 c.420 �1; 1981 c.442 �4; 1985 c.198 �1; 1993 c.459 �10]

�� 97.750 Permitted acts; notice. (1) Any proposed excavation by a professional archaeologist of a native Indian cairn or burial shall be initiated only after prior written notification to the State Historic Preservation Officer and the state police, as defined in ORS

ORS 654.295

654.295, 654.412 to 654.423, 654.750 to 654.780 and this chapter.

�� (d) Generally provide for the taking of testimony and for the recording of proceedings.

�� (3) The board chairperson is hereby charged with the administration of and responsibility for the Hearings Division.

�� (4) The director hereby is charged with duties of administration, regulation and enforcement of ORS 654.001 to 654.295, 654.412 to 654.423, 654.750 to 654.780 and this chapter. To that end the director may:

�� (a) Make and declare all rules and issue orders which are reasonably required in the performance of the director�s duties. Unless otherwise specified by law, all reports, claims or other documents shall be deemed timely provided to the director or board if mailed by regular mail or delivered within the time required by law. Notwithstanding any other provision of this chapter, the director may adopt rules to allow for the electronic transmission and filing of reports, claims or other documents required to be filed under this chapter and to require the electronic transmission and filing of proof of coverage required under ORS 656.419, 656.423 and 656.427. Notwithstanding ORS 183.310 to 183.410, if a matter comes before the director that is not addressed by rule and the director finds that adoption of a rule to accommodate the matter would be inefficient, unreasonable or unnecessarily burdensome to the public, the director may resolve the matter by issuing an order, subject to review under ORS 656.704. Such order shall not have precedential effect as to any other situation.

�� (b) Hold sessions at any place within the state.

�� (c) Administer oaths.

�� (d) Issue and serve by representatives of the director, or by any sheriff, subpoenas for the attendance of witnesses and the production of papers, contracts, books, accounts, documents and testimony in any inquiry, investigation, proceeding or rulemaking hearing conducted by the director or the director�s representatives. The director may require the attendance and testimony of employers, their officers and representatives in any inquiry under this chapter, and the production by employers of books, records, papers and documents without the payment or tender of witness fees on account of such attendance.

�� (e) Generally provide for the taking of testimony and for the recording of such proceedings.

�� (f) Provide standards for the evaluation of disabilities. The following provisions apply to the standards:

�� (A) The criterion for evaluation of permanent impairment under ORS 656.214 is the loss of use or function of a body part or system due to the compensable industrial injury or occupational disease. Permanent impairment is expressed as a percentage of the whole person. The impairment value may not exceed 100 percent of the whole person.

�� (B) Impairment is established by a preponderance of medical evidence based upon objective findings.

�� (C) The criterion for evaluation of work disability under ORS 656.214 is permanent impairment as modified by the factors of age, education and adaptability to perform a given job.

�� (D) When, upon reconsideration of a notice of closure pursuant to ORS 656.268, it is found that the worker�s disability is not addressed by the standards adopted pursuant to this paragraph, notwithstanding ORS 656.268, the director shall, in the order on reconsideration, determine the extent of permanent disability that addresses the worker�s impairment.

�� (E) Notwithstanding any other provision of this section, only impairment benefits shall be awarded under ORS 656.214 if the worker has been released to regular work by the attending physician or nurse practitioner authorized to provide compensable medical services under ORS 656.245 or has returned to regular work at the job held at the time of injury.

�� (g) Prescribe procedural rules for and conduct hearings, investigations and other proceedings pursuant to ORS 654.001 to 654.295, 654.412 to 654.423, 654.750 to 654.780 and this chapter regarding all matters other than those specifically allocated to the board or the Hearings Division.

�� (h) Participate fully in any proceeding before the Hearings Division, board or Court of Appeals in which the director determines that the proceeding involves a matter that affects or could affect the discharge of the director�s duties of administration, regulation and enforcement of ORS 654.001 to 654.295, 654.412 to 654.423, 654.750 to 654.780 and this chapter.

�� (5)(a) The board may make and declare all rules which are reasonably required in the performance of its duties, including but not limited to rules of practice and procedure in connection with hearing and review proceedings and exercising its authority under ORS 656.278. The board shall adopt standards governing the format and timing of the evidence. The standards shall be uniformly followed by all Administrative Law Judges and practitioners. The rules may provide for informal prehearing conferences in order to expedite claim adjudication, amicably dispose of controversies, if possible, narrow issues and simplify the method of proof at hearings. The rules shall specify who may appear with parties at prehearing conferences and hearings.

�� (b) Notwithstanding any other provision of this chapter, the board may adopt rules to allow for the electronic transmission of filings, reports, notices and other documents required to be filed under the board�s authority.

�� (6) The director and the board chairperson may incur such expenses as they respectively determine are reasonably necessary to perform their authorized functions.

�� (7) The director, the board chairperson and the State Accident Insurance Fund Corporation shall have the right, not subject to review, to contract for the exchange of, or payment for, such services between them as will reduce the overall cost of administering this chapter.

�� (8) The director shall have lien and enforcement powers regarding assessments to be paid by subject employers in the same manner and to the same extent as is provided for lien and enforcement of collection of premiums and assessments by the corporation under ORS 656.552 to 656.566.

�� (9) The director shall have the same powers regarding inspection of books, records and payrolls of employers as are granted the corporation under ORS 656.758. The director may disclose information obtained from such inspections to the Director of the Department of Revenue to the extent the Director of the Department of Revenue requires such information to determine that a person complies with the revenue and tax laws of this state and to the Director of the Employment Department to the extent the Director of the Employment Department requires such information to determine that a person complies with ORS chapter 657.

�� (10) The director shall collect hours-worked data information in addition to total payroll for workers engaged in various jobs in the construction industry classifications described in the job classification portion of the Workers� Compensation and Employers Liability Manual and the Oregon Special Rules Section published by the National Council on Compensation Insurance. The information shall be collected in the form and format necessary for the National Council on Compensation Insurance to analyze premium equity. [Formerly 656.410; 1977 c.804 �30; 1979 c.677 �2; 1979 c.839 �20; 1981 c.535 �45; 1981 c.723 �5; 1981 c.854 �49a; 1981 c.876 �9; 1985 c.600 �16; 1985 c.706 �4; 1985 c.770 �4; 1987 c.884 �2; 1990 c.2 �40; 1995 c.332 �55; amendments by 1995 c.332 �55a repealed by 1999 c.6 �1; 1999 c.313 �10; 1999 c.876 �9; 2003 c.170 �7; 2003 c.171 �1; 2003 c.657 ��3,4; 2003 c.811 ��17,18; 2005 c.26 ��16,17; 2005 c.653 ��1,2a; 2007 c.241 ��4,5; 2007 c.270 ��7,8; 2007 c.274 �2; 2013 c.162 �1]

�� 656.727 Rules for administration of benefit offset. In carrying out the provisions of ORS 656.209, the Department of Consumer and Business Services shall promulgate rules that include, but are not limited to:

�� (1) Requiring injured workers to make application for federal Social Security disability benefits.

�� (2) Requiring injured workers to file with the appropriate agency that administers the federal Social Security program a release authorizing the federal agency to make disclosure to the department of such information regarding the injured worker as will enable the department to carry out the provisions of ORS

ORS 656.017

656.017 and 656.407 and provide workers� compensation coverage for all of the client�s covered employees and direct hire employees unless, during the term of the PEO�s agreement with the client, the client has proof of coverage on file with the director.

�� (b) If the client has proof of coverage on file with the director, the client�s coverage shall extend to all of the client�s covered employees and direct hire employees.

�� (c) If the client allows the coverage to expire and continues to employ covered employees or direct hire employees, the client shall be considered a noncomplying employer unless the PEO has complied with subsection (4) of this section.

�� (3) When a PEO enters into a PEO relationship, the PEO shall ensure that the client provides adequate training, supervision and instruction for the client�s covered employees to meet the requirements of ORS chapter 654.

�� (4) If a PEO enters into a PEO relationship and the PEO is responsible for providing workers� compensation coverage to the client under subsection (2) of this section, the PEO shall:

�� (a) If the PEO is a carrier-insured employer, notify the insurer in writing. The insurer shall file proof of coverage with the director within 30 days after workers� compensation coverage of the client becomes effective.

�� (b) If the PEO is a self-insured employer, notify the director in writing.

�� (5)(a) A PEO�s responsibility to provide workers� compensation coverage under subsection (2) of this section shall continue until the earlier of the date on which:

�� (A) The client obtains alternate coverage; or

�� (B) The PEO terminates its responsibility to provide coverage.

�� (b) For purposes of paragraph (a)(A) of this subsection, if a client obtains alternate workers� compensation coverage, the PEO�s responsibility to provide coverage ends on:

�� (A) The effective date of a policy for which an insurer makes a proof of coverage filing on behalf of the employer;

�� (B) The date on which another PEO becomes responsible for providing coverage to the client; or

�� (C) The date on which the client becomes a self-insured employer.

�� (c) For purposes of paragraph (a)(B) of this subsection:

�� (A) A PEO may terminate its responsibility to provide coverage by giving written notice of the termination to:

�� (i) If the PEO is a carrier-insured employer, the client, the director and the insurer. The insurer shall file notice of termination with the director within 10 calendar days after the effective date of the termination or the date on which the insurer receives notice from the PEO, whichever is later.

�� (ii) If the PEO is a self-insured employer, the client and the director.

�� (B) Unless a later date is specified, the termination shall become effective at 12 midnight on the 30th day after the date on which the notice is received by:

�� (i) An authorized representative of the insurer; or

�� (ii) If the PEO is a self-insured employer, the director.

�� (6) When a PEO satisfies its responsibility to provide workers� compensation coverage to a client under subsection (2) of this section by obtaining a workers� compensation insurance policy, coverage of the client under the policy shall continue until:

�� (a) The PEO�s coverage under the policy ends under ORS 656.419 (4); or

�� (b) The PEO�s responsibility to provide workers� compensation coverage ends under subsection (5) of this section.

�� (7)(a) A PEO shall submit reports to the director that list:

�� (A) All clients with which the PEO has entered into a PEO relationship;

�� (B) Each client to which the PEO provides workers� compensation coverage; and

�� (C) The date on which the coverage begins.

�� (b) The director shall prescribe the interval and form of these reports by rule.

�� (8) The director may adopt any rules necessary for the implementation of this section, including but not limited to:

�� (a) Prescribing the form and content of notices required under this section, including requiring electronic transmission and filing; and

�� (b) Requiring insurers that provide coverage to PEOs to do so on a multiple coordinated policy or other basis.

�� (9)(a) Notice to the client under this section shall be given by mail, addressed to the client at the client�s last-known address.

�� (b) If the client is a partnership, notice may be given to any of the partners.

�� (c) If the client is a corporation, notice may be given to any agent or officer of the corporation upon whom legal process may be served.

�� (d) If the client is a limited liability company, notice may be given to any manager.

�� (e) If the client is a member-managed limited liability company, notice may be given to any member.

�� 656.855 Licensing system for worker leasing companies; rules; fees; dedication of moneys received. (1) In accordance with any applicable provision of ORS chapter 183, the Director of the Department of Consumer and Business Services, by rule, shall establish a licensing system for worker leasing companies. Such system shall include, but not be limited to:

�� (a) Prescribing the form and content of and the times and procedures for submitting applications for license issuance or renewal.

�� (b) Prescribing the term of the license and the fee for original issuance and renewal of the license. The fees shall be set in an amount necessary to support the administration of this section and ORS 656.850.

�� (c) Prescribing those violations of this section or of ORS 656.850 for which the director may refuse to issue or renew or may suspend or revoke a license.

�� (d) Prescribing the form and contents of records a licensee is required to maintain and specifying the times, places and manner of audit by the director of those records.

�� (2) All moneys received by the director pursuant to this section shall be credited to the Consumer and Business Services Fund and are appropriated continuously to the director to carry out the provisions of this section and ORS 656.850. [1993 c.628 �3]

�� Note: The amendments to 656.855 by section 7, chapter 78, Oregon Laws 2025, become operative July 1, 2027. See section 23, chapter 78, Oregon Laws 2025. The text that is operative on and after July 1, 2027, is set forth for the user�s convenience.

�� 656.855. (1) In accordance with any applicable provision of ORS chapter 183, the Director of the Department of Consumer and Business Services, by rule, shall establish a licensing system for professional employer organizations.

�� (2) The system established by the director shall include, but not be limited to:

�� (a) Prescribing the form and content of and the times and procedures for submitting applications for license issuance or renewal.

�� (c) Prescribing those violations of this section or of ORS 656.850 for which the director may refuse to issue or renew or may suspend or revoke a license.

�� (d) Prescribing the form and contents of records a licensee is required to maintain and specifying the times, places and manner of audit by the director of those records.

�� (3) All moneys received by the director pursuant to this section shall be credited to the Consumer and Business Services Fund and are appropriated continuously to the director to carry out the provisions of this section and ORS 656.850.

PENALTIES

�� 656.990 Penalties. (1) Any person who knowingly makes any false statement or representation to the Workers� Compensation Board or its employees, the Workers� Compensation Board chairperson, the Director of the Department of Consumer and Business Services or employees of the director, the insurer or self-insured employer for the purpose of obtaining any benefit or payment under this chapter, either for self or any other person, commits a Class A misdemeanor.

�� (2) An employer commits a Class A misdemeanor if the employer, with the intent to decrease the employer�s premium for coverage under this chapter, knowingly submits a false payroll report to the Workers� Compensation Board, the Workers� Compensation Board chairperson, the Director of the Department of Consumer and Business Services, the corporation or an insurer.

�� (3) Violation of ORS 656.052 is a Class D violation. Each day during which an employer engages in any subject occupation in violation of ORS 656.052 constitutes a separate offense.

�� (4) Violation of ORS 656.056 is a Class D violation.

�� (5) The individual refusing to keep the payroll in accordance with ORS 656.726 or 656.758 when demanded by the director or corporation commits a Class C misdemeanor.

�� (6) Failure on the part of an employer to send the signed payroll statement required by ORS

ORS 656.245

656.245.

�� (i) The insurer or self-insured employer may unilaterally suspend payment of all compensation to a worker enrolled in a managed care organization if the worker continues to seek care from an attending physician or nurse practitioner authorized to provide compensable medical services under ORS 656.245 that is not authorized by the managed care organization more than seven days after the mailing of notice by the insurer or self-insured employer.

�� (j)(A) The insurer or self-insured employer may not end temporary disability benefits until written notice has been mailed or delivered to the worker and the worker�s attorney, if the worker is represented. The notice must state the reason that temporary disability benefits are no longer due and payable.

�� (B) The worker�s attending physician or nurse practitioner may retroactively authorize temporary disability for up to 45 days prior to the date of the notice.

�� (C) If the notice required under subparagraph (A) of this paragraph is given more than 45 days after the worker was no longer eligible for benefits, the attending physician or nurse practitioner may retroactively authorize temporary disability back to the date on which benefits were no longer due and payable, provided the authorization is made within 30 days following the earlier of the date of mailing or delivery of the written notice that the eligibility ended to the worker and the worker�s attorney, if the worker is represented.

�� (5)(a) Payment of compensation under subsection (4) of this section or payment, in amounts per claim not to exceed the maximum amount established annually by the Director of the Department of Consumer and Business Services, for medical services for nondisabling claims, may be made by the subject employer if the employer so chooses. The making of such payments does not constitute a waiver or transfer of the insurer�s duty to determine entitlement to benefits. If the employer chooses to make such payment, the employer shall report the injury to the insurer in the same manner that other injuries are reported. However, an insurer shall not modify an employer�s experience rating or otherwise make charges against the employer for any medical expenses paid by the employer pursuant to this subsection.

�� (b) To establish the maximum amount an employer may pay for medical services for nondisabling claims under paragraph (a) of this subsection, the director shall use $1,500 as the base compensation amount and shall adjust the base compensation amount annually to reflect changes in the United States City Average Consumer Price Index for All Urban Consumers for Medical Care for July of each year as published by the Bureau of Labor Statistics of the United States Department of Labor. The adjustment shall be rounded to the nearest multiple of $100.

�� (c) The adjusted amount established under paragraph (b) of this subsection shall be effective on January 1 following the establishment of the amount and shall apply to claims with a date of injury on or after the effective date of the adjusted amount.

�� (6)(a) Written notice of acceptance or denial of the claim shall be furnished to the claimant by the insurer or self-insured employer within 60 days after the employer has notice or knowledge of the claim. Once the claim is accepted, the insurer or self-insured employer shall not revoke acceptance except as provided in this section. The insurer or self-insured employer may revoke acceptance and issue a denial at any time when the denial is for fraud, misrepresentation or other illegal activity by the worker. If the worker requests a hearing on any revocation of acceptance and denial alleging fraud, misrepresentation or other illegal activity, the insurer or self-insured employer has the burden of proving, by a preponderance of the evidence, such fraud, misrepresentation or other illegal activity. Upon such proof, the worker then has the burden of proving, by a preponderance of the evidence, the compensability of the claim. If the insurer or self-insured employer accepts a claim in good faith, in a case not involving fraud, misrepresentation or other illegal activity by the worker, and later obtains evidence that the claim is not compensable or evidence that the insurer or self-insured employer is not responsible for the claim, the insurer or self-insured employer may revoke the claim acceptance and issue a formal notice of claim denial, if such revocation of acceptance and denial is issued no later than two years after the date of the initial acceptance. If the worker requests a hearing on such revocation of acceptance and denial, the insurer or self-insured employer must prove, by a preponderance of the evidence, that the claim is not compensable or that the insurer or self-insured employer is not responsible for the claim. Notwithstanding any other provision of this chapter, if a denial of a previously accepted claim is set aside by an Administrative Law Judge, the Workers� Compensation Board or the court, temporary total disability benefits are payable from the date any such benefits were terminated under the denial. Except as provided in ORS

ORS 656.266

656.266 (2), an occupational disease, as defined in ORS 656.802, is considered an injury for employees of employers who have come under this chapter, except as otherwise provided in ORS 656.802 to 656.807. [Amended by 1965 c.285 �87; 1973 c.543 �2; 2001 c.865 �4]

�� 656.806 [Repealed by 2005 c.221 �4]

�� 656.807 Time for filing of claims for occupational disease; procedure. (1) All occupational disease claims shall be void unless a claim is filed with the insurer or self-insured employer by whichever is the later of the following dates:

�� (a) One year from the date the worker first discovered, or in the exercise of reasonable care should have discovered, the occupational disease; or

�� (b) One year from the date the claimant becomes disabled or is informed by a physician that the claimant is suffering from an occupational disease.

�� (2) If the occupational disease results in death, a claim may be filed within one year from the date that the worker�s beneficiary first discovered, or in the exercise of reasonable care should have discovered, that the cause of the worker�s death was due to an occupational disease.

�� (3) The procedure for processing occupational disease claims shall be the same as provided for accidental injuries under this chapter. [Amended by 1953 c.440 �2; 1959 c.351 �2; 1965 c.285 �87a; 1973 c.543 �3; 1981 c.535 �47; 1981 c.854 �55; 1985 c.212 �10; 1987 c.713 �6]

�� 656.808 [Amended by 1957 c.559 �2; 1965 c.285 �88; repealed by 1973 c.543 �4]

�� 656.810 [Amended by 1959 c.351 �3; 1965 c.285 �89; repealed by 1973 c.543 �4]

�� 656.812 [Amended by 1959 c.351 �4; repealed by 1973 c.543 �4]

�� 656.814 [Amended by 1965 c.285 �90; repealed by 1973 c.543 �4]

�� 656.816 [Amended by 1959 c.351 �5; 1965 c.285 �91; repealed by 1973 c.543 �4]

�� 656.818 [Amended by 1959 c.351 �6; 1965 c.285 �92; repealed by 1973 c.543 �4]

�� 656.820 [Repealed by 1973 c.543 �4]

�� 656.822 [Amended by 1965 c.285 �92a; repealed by 1973 c.543 �4]

�� 656.824 [Repealed by 1981 c.854 �1]

PROFESSIONAL EMPLOYER ORGANIZATIONS AND WORKER LEASING COMPANIES

�� 656.849 Definitions for PEOs. As used in ORS 656.018, 656.403, 656.702, 656.850, 656.855 and 737.270 and this section:

�� (1) �Client worker� means an individual who performs services for compensation for the client of a professional employer organization.

�� (2) �Covered employee� means a client worker for whom a PEO has assumed employer responsibilities under a PEO relationship.

�� (3) �Direct hire employee� means a client worker for whom a PEO has not assumed employer responsibilities under a PEO relationship.

�� (4) �Multiple coordinated policy basis� means an arrangement under which a separate policy for workers� compensation coverage is issued to or on behalf of each client or group of affiliated clients of a PEO, which coordinates the premium obligations and stated policy communications with respect to the policy.

�� (5) �PEO relationship� means an agreement between a PEO and a client employer under which certain employer responsibilities for some or all of the client employer�s workers are allocated.

�� (6)(a) �Professional employer organization� or �PEO� means a person that enters into a PEO relationship with a client employer.

�� (b) �Professional employer organization� or �PEO� does not mean a person that solely provides workers to a client on a temporary basis or a person that provides payroll processing or similar administrative services without assuming employer responsibilities for client workers.

�� (7) �Temporary basis� means providing workers to a client:

�� (a) For special situations, including but not limited to employee absences, employee leaves, professional skill shortages, seasonal workloads and special assignments and projects with the expectation that the position will be terminated when the special situation ends.

�� (b) As probationary new hires with a reasonable expectation of transitioning to permanent employment with the client, if the client uses a preestablished probationary period in its overall employment selection program.

�� (8) �Temporary service provider� means a person that:

�� (a) Regardless of the terminology the parties use to describe the relationship, enters into contracts with clients under which:

�� (A) The person provides workers to the client on a temporary basis;

�� (B) The worker�s contract of employment is with the person rather than the person�s client; and

�� (C) The person retains all employer responsibilities for the worker, except to the extent necessary to allow the person�s client to direct and control the services provided by the worker for the client; and

�� (b) Customarily attempts to reassign the person�s workers to other clients when the workers finish each assignment, except for workers provided as described in subsection (7)(b) of this section. [2025 c.78 �2]

�� Note: 656.849 becomes operative July 1, 2027. See section 23, chapter 78, Oregon Laws 2025.

�� 656.850 License; compliance with workers� compensation and safety laws. (1) As used in this section and ORS 656.018, 656.403, 656.855 and 737.270:

�� (a) �Worker leasing company� means a person who provides workers, by contract and for a fee, to work for a client but does not include a person who provides workers to a client on a temporary basis.

�� (b) �Temporary basis� means providing workers to a client for special situations such as to cover employee absences, employee leaves, professional skill shortages, seasonal workloads and special assignments and projects with the expectation that the position or positions will be terminated upon completion of the special situation. Workers also are provided on a temporary basis if they are provided as probationary new hires with a reasonable expectation of transitioning to permanent employment with the client and the client uses a preestablished probationary period in its overall employment selection program.

�� (c) �Temporary service provider� means a person who provides workers, by contract and for a fee, to a client on a temporary basis.

�� (2) No person shall perform services as a worker leasing company in this state without first having obtained a license therefor from the Director of the Department of Consumer and Business Services. No person required by this section to obtain a license shall fail to comply with this section or ORS 656.855, or any rule adopted pursuant thereto.

�� (3) When a worker leasing company provides workers to a client, the worker leasing company shall satisfy the requirements of ORS 656.017 and 656.407 and provide workers� compensation coverage for those workers and any subject workers employed by the client unless during the term of the lease arrangement the client has proof of coverage on file with the director that extends coverage to subject workers employed by the client and any workers leased by the client. If the client allows the coverage to expire and continues to employ subject workers or has leased workers, the client shall be considered a noncomplying employer unless the worker leasing company has complied with subsection (5) of this section.

�� (4) When a worker leasing company provides workers for a client, the worker leasing company shall assure that the client provides adequate training, supervision and instruction for those workers to meet the requirements of ORS chapter 654.

�� (5) When a worker leasing company provides subject workers to work for a client and also provides workers� compensation coverage for those workers, the worker leasing company shall notify the director in writing. The notification shall be given in such manner as the director may prescribe. A worker leasing company may terminate its obligation to provide workers� compensation coverage for workers provided to a client by giving to the client and the director written notice of the termination. A notice of termination shall state the effective date and hour of the termination, but the termination shall be effective not less than 30 days after the notice is received by the director. Notice to the client under this section shall be given by mail, addressed to the client at the client�s last-known address. If the client is a partnership, notice may be given to any of the partners. If the client is a corporation, notice may be given to any agent or officer of the corporation upon whom legal process may be served. [1993 c.628 �2; 1997 c.491 �4; 2007 c.241 �20]

�� Note: The amendments to 656.850 by section 3, chapter 78, Oregon Laws 2025, become operative July 1, 2027. See section 23, chapter 78, Oregon Laws 2025. The text that is operative on and after July 1, 2027, is set forth for the user�s convenience.

�� 656.850. (1)(a) A person may not provide services as a professional employer organization (PEO) in this state without first having obtained a license from the Director of the Department of Consumer and Business Services.

�� (b) No person required to obtain a license under this section shall fail to comply with this section or ORS 656.855 or any rule adopted pursuant to such sections.

�� (2)(a) When a PEO enters into a PEO relationship, the PEO shall satisfy the requirements of ORS

ORS 656.423

656.423 or 656.427;

�� (c) Another insurer files proof of coverage on behalf of the employer; or

�� (d) The employer becomes self-insured under ORS 656.430. [1975 c.556 �29; 1977 c.405 �7; 1981 c.854 �28; 1987 c.237 �1; 1995 c.93 �35; 1995 c.332 �46; 2003 c.170 �3; 2007 c.241 �1]

�� 656.420 [Renumbered 656.758]

�� 656.421 [1965 c.285 �76(4),(5),(6),(7); repealed by 1975 c.556 �54]

�� 656.422 [Amended by 1959 c.450 �5; repealed by 1965 c.285 �95]

�� 656.423 Cancellation of coverage by employer; notice required. (1) An insured employer may cancel coverage with the insurer by giving the insurer at least 30 days� written notice, unless a shorter period is permitted by subsection (3) of this section.

�� (2) Cancellation of coverage is effective at 12 midnight 30 days after the date the cancellation notice is received by an authorized representative of the insurer, unless a later date is specified.

�� (3) An employer may cancel coverage effective less than 30 days after written notice is received by an authorized representative of the insurer by providing other coverage, by becoming a self-insured employer or by agreement of the employer and the insurer. A cancellation under this subsection is effective immediately upon the effective date of the other coverage, on the effective date of certification as a self-insured employer or on a date agreed upon in writing by the employer and insurer.

�� (4) The insurer shall file a notice of cancellation with the Director of the Department of Consumer and Business Services within 10 calendar days after the effective date of the cancellation or the date on which the insurer receives the notice required under subsection (1) of this section, whichever is later. The notice required under this subsection shall be in the form and manner and shall contain any information that the director may prescribe by rule. [1975 c.556 �31; 1981 c.854 �29; 2003 c.170 �4; 2007 c.241 �2]

�� 656.424 [Renumbered 656.734]

�� 656.425 [1965 c.285 �76a; repealed by 1975 c.556 �54]

�� 656.426 [Amended by 1965 c.285 �68b; renumbered 656.702]

�� 656.427 Termination of workers� compensation insurance contract or surety bond liability by insurer. (1) An insurer that issues a workers� compensation insurance policy or surety bond to an employer under this chapter may cancel the policy or surety bond prior to the expiration date of the policy or surety bond by giving the employer and the Director of the Department of Consumer and Business Services notice of cancellation in accordance with rules adopted by the director. Notice required under this section must be provided to the director within 10 calendar days after the effective date of the cancellation provided in the notice given to the employer.

�� (2) An insurer may cancel a workers� compensation insurance policy or surety bond under this section as follows:

�� (a) If the cancellation of a workers� compensation insurance policy is for reasons other than those set forth in paragraphs (b) and (c) of this subsection, it is effective at 12 midnight not less than 45 days after the date the notice is mailed to the employer.

�� (b) If the cancellation of a workers� compensation insurance policy is based on the insurer�s decision not to offer insurance to employers within a specific premium category, it is effective not sooner than 90 days after the date the notice is mailed to the employer.

�� (c) If the cancellation of a workers� compensation insurance policy is based on nonpayment of premium, the cancellation is effective not sooner than 10 days after the date the notice is mailed to the employer.

�� (d) The cancellation of a surety bond is effective at 12 midnight not less than 30 days after the date the notice is received by the director.

�� (3) An insurer may nonrenew a workers� compensation insurance policy by providing notice in the manner provided for in subsection (2) of this section.

�� (4) Notice to the employer under this section shall be given by mail, addressed to the employer at the last-known address of the employer. If the employer is a partnership, notice may be given to any of the partners. If the employer is a limited liability company, notice may be given to any manager, or in a member managed limited liability company, to any of the members. If the employer is a corporation, notice may be given to any agent or officer of the corporation under whom legal process may be served.

�� (5) Cancellation of a workers� compensation insurance policy or surety bond shall in no way limit liability that was incurred under the policy or surety bond prior to the effective date of the cancellation.

�� (6) If, before the effective date of a cancellation under this section, the employer gives notice to the insurer that it has not obtained coverage from another insurer and intends to become insured under the assigned risk plan established under ORS 656.730, the insurer shall ensure that continuing coverage is provided to the employer under the plan without further application by the employer, transferring the risk to the plan as of the effective date of cancellation. If the insurer is a servicing carrier under the plan, it shall continue to provide coverage for the employer as a servicing carrier, at least until another servicing carrier is provided for the employer in the normal course of administering the plan. If the insurer is not a servicing carrier, it shall apply to the plan for coverage on the employer�s behalf. Nothing in this section is intended to limit the authority of administrators of the plan to require the employer to provide deposits or to make payments consistent with plan requirements. However, the rules of the plan shall allow any deposit requirements imposed by the plan to be deferred for as long as one year.

�� (7) The cancellation of a workers� compensation insurance policy under this section is effective on the earliest of:

�� (a) The expiration of the term of the policy;

�� (b) The effective date of a cancellation under subsection (2) of this section; or

�� (c) The effective date of a policy for which another insurer makes a proof of coverage filing on behalf of the employer. [1975 c.556 �32; 1981 c.854 �30; 1981 c.874 �5; 1981 c.876 �6; 1985 c.212 �8; 1990 c.1 �1; 1995 c.93 �36; 1995 c.332 �46a; 2003 c.170 �5; 2007 c.241 �3; 2007 c.656 ��1,2,3]

�� 656.428 [Amended by 1957 c.440 �3; repealed by 1965 c.285 �95]

�� 656.429 [1965 c.285 �77; repealed by 1975 c.556 �54]

�� 656.430 Certification of self-insured employer; employer groups; insurance policy requirements; revocation of certification; rules. (1) Upon determining that an employer has qualified as a self-insured employer under ORS 656.407, the Director of the Department of Consumer and Business Services shall issue a certificate to that effect to the employer.

�� (2) Coverage of a self-insured employer is effective on the date of certification unless a later date is specified in the certificate.

�� (3) Two or more entities may not be included in the certification of one employer unless in each entity the same person, or group of persons, or corporation owns a majority interest. If an entity owns a majority interest in another entity which in turn owns the majority interest in another entity, all entities so related may be combined regardless of the number of entities in succession. If more than one entity is included in the certification of one employer, each entity included is jointly and severally liable for any compensation and other amounts due the Department of Consumer and Business Services under this chapter by any entity included in the certification.

�� (4) In the term �majority interest,� as used in this section, �majority� means more than 50 percent.

�� (5) If an entity other than a partnership:

�� (a) Has issued voting stock, �majority interest� means a majority of the issued voting stock;

�� (b) Has not issued voting stock, �majority interest� means a majority of the members; or

�� (c) Has not issued voting stock and has no members, �majority interest� means a majority of the board of directors or comparable governing body.

�� (6) If the entity is a partnership, majority interest must be determined in accordance with the participation of each general partner in the profits of the partnership.

�� (7)(a) Notwithstanding any other provision of this section, the director may certify five or more subject employers as a self-insured employer group, which is an employer for purposes of this chapter, if:

�� (A) The director finds that the employers as a group meet the requirements of ORS 656.407 (1)(b), (2) and (3);

�� (B) The director determines that the employers as a group meet the insurance coverage retention and combined net worth requirements adopted by the director by rule;

�� (C) The director finds that the grouping is likely to improve accident prevention and claims handling for the employer;

�� (D) Each employer executes and files with the designated entity a written agreement, in such form as the director may prescribe, in which:

�� (i) The employer agrees to be jointly and severally liable for the payment of any compensation and other amounts due to the Department of Consumer and Business Services under this chapter incurred by a member of the group; or

�� (ii) The employer, if a city, county, special district described and listed in ORS

ORS 656.588

656.588; 1977 c.804 �14; 1981 c.854 �25; 1983 c.568 �2; 1990 c.2 �29; 1991 c.312 �1; 1995 c.332 �43; 1997 c.605 �3; 2001 c.865 �9; 2007 c.908 �1; 2009 c.526 �5; 2015 c.521 �7; 2025 c.152 �1]

�� 656.388 Approval of attorney fees required; lien for fees; fee schedule; adjustment; report of legal service costs. (1) No claim or payment for legal services by an attorney representing the worker or for any other services rendered before an Administrative Law Judge or the Workers� Compensation Board, as the case may be, in respect to any claim or award for compensation to or on account of any person, shall be valid unless approved by the Administrative Law Judge or board, or if proceedings on appeal from the order of the board with respect to such claim or award are had before any court, unless approved by such court. In cases in which a claimant finally prevails after remand from the Supreme Court, Court of Appeals or board, then the Administrative Law Judge, board or appellate court shall approve or allow a reasonable attorney fee for services before every prior forum as authorized under ORS 656.307 (5), 656.308 (2), 656.382 or 656.386. No attorney fees shall be approved or allowed for representation of the claimant before the managed care organization.

�� (2) Any claim for payment to a claimant�s attorney by the claimant so approved shall, in the manner and to the extent fixed by the Administrative Law Judge, board or such court, be a lien upon compensation.

�� (3) If an injured worker signs an attorney fee agreement with an attorney for representation on a claim made pursuant to this chapter and additional compensation is awarded to the worker or a settlement agreement is consummated on the claim after the fee agreement is signed and it is shown that the attorney with whom the fee agreement was signed was instrumental in obtaining the additional compensation or settling the claim, the Administrative Law Judge or the board shall grant the attorney a lien for attorney fees out of the additional compensation awarded or proceeds of the settlement in accordance with rules adopted by the board governing the payment of attorney fees.

�� (4) The board shall, after consultation with the Board of Governors of the Oregon State Bar, establish a schedule of fees for attorneys representing a worker and representing an insurer or self-insured employer, under this chapter. The Workers� Compensation Board shall review all attorney fee schedules biennially for adjustment.

�� (5) The board shall, in establishing the schedule of attorney fees awarded under this chapter, consider the contingent nature of the practice of workers� compensation law and the necessity of allowing the broadest access to attorneys by injured workers and shall give consideration to fees earned by attorneys for insurers and self-insured employers.

�� (6) The board shall approve no claim for legal services by an attorney representing a claimant to be paid by the claimant if fees have been awarded to the claimant or the attorney of the claimant in connection with the same proceeding under ORS 656.268.

�� (7) Insurers and self-insured employers shall make an annual report to the Director of the Department of Consumer and Business Services reporting attorney salaries and other costs of legal services incurred pursuant to this chapter. The report shall be in such form and shall contain such information as the director prescribes. [Formerly 656.590; 1983 c.568 �3; 1987 c.884 �35; 1990 c.2 �30; 1995 c.332 �44; 2007 c.908 �3; 2015 c.521 �8]

�� 656.390 Frivolous appeals, hearing requests or motions; expenses and attorney fee. (1) Notwithstanding ORS 656.236, if either party requests a hearing before the Hearings Division, requests review of an Administrative Law Judge�s decision before the Workers� Compensation Board, appeals for review of the claim to the Court of Appeals or to the Supreme Court, or files a motion for reconsideration of the decision of the Court of Appeals or the Supreme Court, and the Administrative Law Judge, board or court finds that the appeal or motion for reconsideration was frivolous or was filed in bad faith or for the purpose of harassment, the Administrative Law Judge, board or court may impose an appropriate sanction upon the attorney who filed the request for hearing, request for review, appeal or motion. The sanction may include an order to pay to the other party the amount of the reasonable expenses incurred by reason of the request for hearing, request for review, appeal or motion, including a reasonable attorney fee.

�� (2) As used in this section, �frivolous� means the matter is not supported by substantial evidence or the matter is initiated without reasonable prospect of prevailing. [1987 c.884 �31; 1995 c.332 �45]

�� 656.401 [1965 c.285 �74; 1967 c.359 �699; repealed by 1975 c.556 �25 (656.403 enacted in lieu of 656.401)]

�� 656.402 [Renumbered 656.712]

SELF-INSURED AND CARRIER-INSURED EMPLOYERS; INSURERS

�� 656.403 Obligations of self-insured employer. (1) A self-insured employer directly assumes the responsibility for providing compensation due subject workers and their beneficiaries under this chapter.

�� (2) The claims of subject workers and their beneficiaries resulting from injuries while employed by a self-insured employer shall be handled in the manner provided by this chapter. A self-insured employer is subject to the rules of the Director of the Department of Consumer and Business Services with respect to such claims.

�� (3) Security deposited by a self-insured employer shall not relieve any such employer from full and primary responsibility for claims administration and payment of compensation under this chapter. This subsection applies to a self-insured employer even though the self-insured employer insures or reinsures all or any portion of risks under this chapter with an insurance company authorized to do business in this state or with any other insurer with whom insurance can be placed or secured pursuant to ORS 744.305 to 744.405 (1985 Replacement Part).

�� (4) When a self-insured employer is a worker leasing company required to be licensed pursuant to ORS 656.850 and 656.855, the company also shall comply with the worker leasing company regulatory provisions of ORS chapters 656 and 737 and with such rules as may be adopted pursuant to ORS 656.726 and 731.244 for the supervision and regulation of worker leasing companies. [1975 c.556 �26 (enacted in lieu of 656.401); 1981 c.854 �26; 1993 c.628 �7]

�� Note: The amendments to 656.403 by section 6, chapter 78, Oregon Laws 2025, become operative July 1, 2027. See section 23, chapter 78, Oregon Laws 2025. The text that is operative on and after July 1, 2027, is set forth for the user�s convenience.

�� 656.403. (1) A self-insured employer directly assumes the responsibility for providing compensation due subject workers and their beneficiaries under this chapter.

�� (4) When a self-insured employer is a professional employer organization required to be licensed by ORS 656.850 and 656.855, the professional employer organization shall also comply with the regulatory provisions of ORS chapters 656 and 737 pertaining to professional employer organizations and with such rules as may be adopted pursuant to ORS 656.726 and 731.244 for the supervision and regulation of professional employer organizations.

�� 656.404 [Repealed by 1959 c.449 �5]

�� 656.405 [1965 c.285 �75(1); 1967 c.359 �700; repealed by 1975 c.556 �54]

�� 656.406 [Renumbered 656.714]

�� 656.407 Qualifications of insured employers. (1) An employer shall establish proof with the Director of the Department of Consumer and Business Services that the employer is qualified either:

�� (a) As a carrier-insured employer by causing proof of coverage provided by an insurer to be filed with the director; or

�� (b) As a self-insured employer by establishing proof that the employer has:

�� (A) An adequate staff qualified to process claims promptly; and

�� (B) The financial ability to make certain the prompt payment of all compensation and other payments that may become due to the director under this chapter.

�� (2) Except as provided in subsection (4) of this section, a self-insured employer shall establish proof of financial ability required under subsection (1)(b) of this section by:

�� (a) Demonstrating acceptable financial viability based on information required by the director by rule; and

�� (b) Providing security that the director determines acceptable by rule.

�� (3)(a) Security provided under subsection (2)(b) of this section must be in an amount reasonably sufficient to ensure payment of compensation and other payments that may become due to the director but not less than the employer�s normal expected annual claim liabilities and in no event less than $100,000.

�� (b) In arriving at the amount of security required under this subsection, the director may take into consideration the financial ability of the employer to pay compensation and other payments and probable continuity of operation.

�� (c) The security shall be held by the director to secure the payment of compensation for injuries to subject workers of the employer and to secure other payments that may become due from the employer to the director under this chapter.

�� (d) Moneys received as security under this subsection shall be deposited with the State Treasurer in an account separate and distinct from the General Fund. Interest earned by the account shall be credited to the account.

�� (e) The amount of security may be increased or decreased from time to time by the director.

�� (4)(a) A city, county, school district or qualified self-insured employer group that wishes to be exempt from subsection (2) of this section may make written application for the exemption to the director.

�� (b) The application shall include:

�� (A) A copy of the most recent annual audit of the city, county, school district or qualified self-insured employer group filed with the Secretary of State under ORS 297.405 to 297.740;

�� (B) Information regarding the establishment of a loss reserve account for the payment of compensation to injured workers; and

�� (C) Such other information as the director may require.

�� (c) The director shall approve the application and the city, county, school district or qualified self-insured employer group shall be exempt from subsection (2) of this section if the director finds that:

�� (A) The city, county, school district or qualified self-insured employer group has been self-insured in compliance with subsection (2) of this section for more than three consecutive years prior to making the application referred to in this subsection.

�� (B) The city, county, school district or qualified self-insured employer group has in effect a loss reserve account:

�� (i) That is actuarially sound and that is adequately funded as determined by an annual audit under ORS 297.405 to 297.740 to pay all compensation to injured workers and amounts due the director pursuant to this chapter. A copy of the annual audit shall be filed with the director. Upon a finding that there is probable cause to believe that the loss reserve account is not actuarially sound, the director may require a city, county, school district or qualified self-insured employer group to obtain an independent actuarial audit of the loss reserve account. The requirements of this subsection are in addition to and not in lieu of any other audit or reporting requirement otherwise prescribed by or pursuant to law.

�� (ii) That is dedicated to and may be expended only for the payment of compensation and amounts due the director by the city, county, school district or qualified self-insured employer group under this chapter.

�� (d) The director shall have the first lien and priority right to the full amount of the loss reserve account required to pay the present discounted value of all present and future claims under this chapter.

�� (e)(A) The city, county, school district or qualified self-insured employer group shall notify the director no later than 60 days prior to any action to discontinue the loss reserve account.

�� (B) The city, county, school district or qualified self-insured employer group shall advise the director of its plans to submit the security required under subsection (2)(b) of this section, or obtain coverage as a carrier-insured employer prior to the date the loss reserve account ceases to exist.

�� (C) If the city, county, school district or qualified self-insured employer group elects to discontinue self-insurance, it shall submit such security as the director may require to ensure payment of all compensation and amounts due the director for the period the city, county, school district or qualified self-insured employer group was self-insured.

�� (f) In order to requalify as a self-insured employer, the city, county, school district or qualified self-insured employer group must deposit the security required under subsection (2)(b) of this section prior to discontinuance of the loss reserve account.

�� (g) Notwithstanding ORS 656.440, if the director has not received the security required under subsection (2)(b) of this section prior to the date of discontinuance of the loss reserve account, the certificate of self-insurance of the city, county, school district or qualified self-insured employer group is automatically revoked as of that date.

�� (5) As used in this section:

�� (a) �Qualified self-insured employer group� means a self-insured employer group that is a municipal corporation or a public corporation, as those terms are defined in ORS 297.405.

�� (b) �School district� has the meaning given that term in ORS 255.005. [1975 c.556 �27; 1979 c.839 �28; 1981 c.854 �27; 1985 c.212 �7; 1989 c.966 �67; 1991 c.648 �1; 1993 c.18 �140; 2003 c.170 �2; 2007 c.241 �13; 2013 c.471 �1; 2014 c.48 �3; 2025 c.234 �1]

�� 656.408 [Renumbered 656.716]

�� 656.409 [1965 c.285 �75(2),(3); repealed by 1975 c.556 �54]

�� 656.410 [Amended by 1965 c.285 �54; renumbered 656.726]

�� 656.411 [1975 c.556 �28; 1979 c.348 �1; repealed by 1981 c.854 �1]

�� 656.412 [Amended by 1965 c.285 �52; renumbered 656.732]

�� 656.413 [1965 c.285 �76(1),(2); repealed by 1975 c.556 �54]

�� 656.414 [Renumbered 656.718]

�� 656.415 [1975 c.556 �30; repealed by 1981 c.854 �1]

�� 656.416 [Amended by 1965 c.285 �53; renumbered 656.722]

�� 656.417 [1965 c.285 �76 (3),(8); 1967 c.341 �6; repealed by 1975 c.556 �54]

�� 656.418 [Repealed by 1965 c.285 �95]

�� 656.419 Workers� compensation insurance contracts. (1) A workers� compensation insurance policy issued by an insurer under this section shall provide that the insurer agrees to assume, without monetary limit, the liability of the employer, arising during the period the policy is in effect, for prompt payment of all compensation for compensable injuries that may become due under this chapter to subject workers and their beneficiaries.

�� (2)(a) The insurer issuing the workers� compensation insurance policy shall file proof of coverage with the Director of the Department of Consumer and Business Services within 30 days after workers� compensation coverage of the employer is effective. The filing shall be in the form and manner and shall include any information that the director may prescribe by rule.

�� (b) An insurer shall file the proof of coverage required under this section for each new or renewed policy issued by the insurer.

�� (3) Workers� compensation coverage is effective when the application of the subject employer for coverage together with any required fees or premium are received and accepted by an authorized representative of an insurer or on the date specified in writing by the employer and the insurer.

�� (4) Coverage of an employer under a workers� compensation insurance policy continues until:

�� (a) The expiration of the term of the policy;

�� (b) The coverage is canceled prior to the expiration date of the policy as provided by ORS

ORS 656.726

656.726, 657.170, 659A.043, 659A.046, 659A.049 and 659A.063 by sections 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25 and 27, chapter 811, Oregon Laws 2003. [2003 c.811 �31]

�� Note: See note under 656.795.

�� 656.799 Informational materials for other health care professionals; certification of review of materials. (1) The Director of the Department of Consumer and Business Services shall develop and make available to medical service providers informational materials about the workers� compensation system including, but not limited to, the management of indemnity claims, standards for the authorization of temporary disability benefits, return to work responsibilities and programs, and workers� compensation rules and procedures for medical service providers.

�� (2) Prior to providing compensable medical services or authorizing temporary disability benefits under ORS 656.245, a medical service provider must certify, in a form acceptable to the director, that the medical service provider has reviewed the materials developed under this section.

�� (3) As used in this section, �medical service provider� means a:

�� (a) Doctor or physician licensed by the State Board of Chiropractic Examiners for the State of Oregon under ORS chapter 684 or a similarly licensed doctor or physician in any country or in any state, territory or possession of the United States;

�� (b) Physician associate licensed by the Oregon Medical Board in accordance with ORS 677.505 to 677.525 or a similarly licensed physician associate in any country or in any state, territory or possession of the United States; or

�� (c) Doctor of naturopathy or naturopathic physician licensed by the Oregon Board of Naturopathic Medicine under ORS chapter 685 or a similarly licensed doctor or physician in any country or in any state, territory or possession of the United States. [2007 c.252 �7; 2009 c.43 �8; 2011 c.117 �2; 2024 c.73 �113]

OCCUPATIONAL DISEASE LAW

�� 656.802 Occupational disease; mental disorder; presumptions as to stress disorders; proof. (1)(a) As used in this chapter, �occupational disease� means any disease or infection arising out of and in the course of employment caused by substances or activities to which an employee is not ordinarily subjected or exposed other than during a period of regular actual employment therein, and which requires medical services or results in disability or death, including:

�� (A) Any disease or infection caused by ingestion of, absorption of, inhalation of or contact with dust, fumes, vapors, gases, radiation or other substances.

�� (B) Any mental disorder, whether sudden or gradual in onset, which requires medical services or results in physical or mental disability or death.

�� (C) Any series of traumatic events or occurrences which requires medical services or results in physical disability or death.

�� (b) As used in this chapter, �mental disorder� includes any physical disorder caused or worsened by mental stress.

�� (2)(a) The worker must prove that employment conditions were the major contributing cause of the disease.

�� (b) If the occupational disease claim is based on the worsening of a preexisting disease or condition pursuant to ORS 656.005 (7), the worker must prove that employment conditions were the major contributing cause of the combined condition and pathological worsening of the disease.

�� (c) Occupational diseases shall be subject to all of the same limitations and exclusions as accidental injuries under ORS 656.005 (7).

�� (d) Existence of an occupational disease or worsening of a preexisting disease must be established by medical evidence supported by objective findings.

�� (e) Preexisting conditions shall be deemed causes in determining major contributing cause under this section.

�� (3) Notwithstanding any other provision of this chapter, a mental disorder is not compensable under this chapter unless the worker establishes all of the following:

�� (a) The employment conditions producing the mental disorder exist in a real and objective sense.

�� (b) The employment conditions producing the mental disorder are conditions other than conditions generally inherent in every working situation or reasonable disciplinary, corrective or job performance evaluation actions by the employer, or cessation of employment or employment decisions attendant upon ordinary business or financial cycles.

�� (c) There is a diagnosis of a mental or emotional disorder which is generally recognized in the medical or psychological community.

�� (d) There is clear and convincing evidence that the mental disorder arose out of and in the course of employment.

�� (4)(a) Death, disability or impairment of health of firefighters of any political division who have completed five or more years of employment as firefighters, caused by any disease of the lungs or respiratory tract, hypertension or cardiovascular-renal disease, and resulting from their employment as firefighters is an �occupational disease.� Any condition or impairment of health arising under this subsection shall be presumed to result from a firefighter�s employment. However, any such firefighter must have taken a physical examination upon becoming a firefighter, or subsequently thereto, which failed to reveal any evidence of such condition or impairment of health which preexisted employment. Denial of a claim for any condition or impairment of health arising under this subsection must be on the basis of clear and convincing medical evidence that the cause of the condition or impairment is unrelated to the firefighter�s employment.

�� (b) Notwithstanding ORS 656.027 (6), a city that provides a disability or retirement system for firefighters by ordinance or charter that is not subject to this chapter, when accepting and processing claims for death, disability or impairment of health from firefighters covered by the disability or retirement system, shall apply:

�� (A) The provisions of this subsection; and

�� (B) For claims filed under this subsection, the time limitations for filing claims that are set forth in ORS 656.807 (1) and (2).

�� (5)(a) Death, disability or impairment of health of a nonvolunteer firefighter employed by a political division or subdivision who has completed five or more years of employment as a nonvolunteer firefighter is an occupational disease if the death, disability or impairment of health:

�� (A) Is caused by brain cancer, colon cancer, stomach cancer, testicular cancer, prostate cancer, multiple myeloma, non-Hodgkin�s lymphoma, cancer of the throat or mouth, rectal cancer, breast cancer, leukemia, bladder cancer or gynecologic cancer of the uterus, fallopian tubes, ovaries, cervix, vagina or vulva;

�� (B) Results from the firefighter�s employment as a nonvolunteer firefighter; and

�� (C) Is first diagnosed by a physician after July 1, 2009.

�� (b) Any condition or impairment of health arising under this subsection is presumed to result from the firefighter�s employment. Denial of a claim for any condition or impairment of health arising under this subsection must be on the basis of clear and convincing medical evidence that the condition or impairment was not caused or contributed to in material part by the firefighter�s employment.

�� (c) Notwithstanding paragraph (b) of this subsection, the presumption established under paragraph (b) of this subsection may be rebutted by clear and convincing evidence that the use of tobacco by the nonvolunteer firefighter is the major contributing cause of the cancer.

�� (d) The presumption established under paragraph (b) of this subsection does not apply to prostate cancer if the cancer is first diagnosed by a physician after the firefighter has reached the age of 55. However, nothing in this paragraph affects the right of a firefighter to establish the compensability of prostate cancer without benefit of the presumption.

�� (e) The presumption established under paragraph (b) of this subsection does not apply to claims filed more than 84 months following the termination of the nonvolunteer firefighter�s employment as a nonvolunteer firefighter. However, nothing in this paragraph affects the right of a firefighter to establish the compensability of the cancer without benefit of the presumption.

�� (f) The presumption established under paragraph (b) of this subsection does not apply to volunteer firefighters.

�� (g) Nothing in this subsection affects the provisions of subsection (4) of this section.

�� (h) For purposes of this subsection, �nonvolunteer firefighter� means a firefighter who performs firefighting services and receives salary, hourly wages equal to or greater than the state minimum wage, or other compensation except for room, board, lodging, housing, meals, stipends, reimbursement for expenses or nominal payments for time and travel, regardless of whether any such compensation is subject to federal, state or local taxation. �Nominal payments for time and travel� includes, but is not limited to, payments for on-call time or time spent responding to a call or similar noncash benefits.

�� (6) Notwithstanding ORS 656.027 (6), any city providing a disability and retirement system by ordinance or charter for firefighters and police officers not subject to this chapter shall apply the presumptions established under subsection (5) of this section when processing claims for firefighters covered by the system.

�� (7)(a) As used in this subsection:

�� (A) �Acute stress disorder� has the meaning given that term in the DSM-5.

�� (B) �Covered employee� means an individual who, on the date a claim is filed under this chapter:

�� (i) Was employed for at least five years by, or experienced a single traumatic event that satisfies the criteria set forth in the DSM-5 as Criterion A for diagnosing post-traumatic stress disorder while employed by, the state, a political subdivision of the state, a special government body, as defined in ORS 174.117, or a public agency in any of these occupations:

�� (I) A full-time paid firefighter;

�� (II) A full-time paid emergency medical services provider;

�� (III) A full-time paid police officer;

�� (IV) A full-time paid corrections officer or youth correction officer;

�� (V) A full-time paid parole and probation officer; or

�� (VI) A full-time paid emergency dispatcher or 9-1-1 emergency operator; and

�� (ii) Remains employed in an occupation listed in sub-subparagraph (i) of this subparagraph or separated from employment in the occupation not more than seven years previously.

�� (C) �DSM-5� means the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.

�� (D) �Post-traumatic stress disorder� has the meaning given that term in the DSM-5.

�� (E) �Psychiatrist� means a psychiatrist whom the Oregon Medical Board has licensed and certified as eligible to diagnose the conditions described in this subsection.

�� (F) �Psychologist� means a licensed psychologist, as defined in ORS 675.010, whom the Oregon Board of Psychology has certified as eligible to diagnose the conditions described in this subsection.

�� (b) Notwithstanding subsections (2) and (3) of this section, if a covered employee establishes through a preponderance of persuasive medical evidence from a psychiatrist or psychologist that the covered employee has more likely than not satisfied the diagnostic criteria in the DSM-5 for post-traumatic stress disorder or acute stress disorder, any resulting death, disability or impairment of health of the covered employee shall be presumed to be compensable as an occupational disease. An insurer or self-insured employer may rebut the presumption only by establishing through clear and convincing medical evidence that duties as a covered employee were not of real importance or great consequence in causing the diagnosed condition.

�� (c) An insurer�s or self-insured employer�s acceptance of a claim of post-traumatic stress disorder or acute stress disorder under this subsection, whether the acceptance was voluntary or was a result of a judgment or order, does not preclude the insurer or the self-insured employer from later denying the current compensability of the claim if exposure as a covered employee to trauma that meets the diagnostic criteria set forth as Criterion A in the DSM-5 for post-traumatic stress disorder or acute stress disorder ceases being of real importance or great consequence in causing the disability, impairment of health or a need for treatment.

�� (d) An insurer or self-insured employer may deny a claim under paragraph (c) of this subsection only on the basis of clear and convincing medical evidence.

�� (e) Notwithstanding ORS 656.027 (6), a city that provides a disability or retirement system for firefighters and police officers by ordinance or charter that is not subject to this chapter, when accepting and processing claims for death, disability or impairment of health from firefighters and police officers covered by the disability or retirement system, shall apply:

�� (A) The provisions of this subsection; and

�� (B) For claims filed under this subsection, the time limitations for filing claims that are set forth in ORS 656.807 (1) and (2). [Amended by 1959 c.351 �1; 1961 c.583 �1; 1973 c.543 �1; 1977 c.734 �1; 1983 c.236 �1; 1987 c.713 �4; 1990 c.2 �43; 1995 c.332 �56; 2009 c.24 �1; 2019 c.372 �1; 2021 c.124 �1; 2022 c.8 �1]

�� 656.804 Occupational disease as an injury under Workers� Compensation Law. Subject to ORS 656.005 (24) and

ORS 657.070

657.070 [Repealed by 1971 c.463 �20]

�� 657.072 Employment; certain nonprofit services excluded. �Employment� does not include service performed for a nonprofit employing unit by an individual receiving rehabilitation or remunerative work in a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age or physical or mental deficiency or injury, or providing remunerative work for individuals who because of their impaired physical or mental capacity cannot be readily absorbed in the competitive labor market. [1971 c.463 �4; 1973 c.118 �1; 1977 c.446 �4; 1999 c.59 �196; 2005 c.218 �1]

�� 657.075 Employment; service under Railroad Unemployment Insurance Act excluded. �Employment� does not include service performed under the Railroad Unemployment Insurance Act (52 Stat. 1094).

�� 657.078 Employment; stringer, correspondent and photographer services for media excluded. �Employment� does not include services performed by an individual as a stringer, correspondent or photographer, for print or broadcast media, who submits information, stories or pictures by the piece or at a flat rate to newspapers, special publications, television or radio if the individual is free from direction and control over the means and manner of providing the services. However, this section does not apply to services performed for a nonprofit employing unit for this state, for a political subdivision of this state or for an Indian tribe. [2005 c.533 �9; 2007 c.71 �208]

�� 657.080 Employment; news delivery service excluded. �Employment� does not include service performed by an individual:

�� (1) In the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution.

�� (2) In the delivery or distribution of newspapers whose remuneration primarily consists of the difference between the amount the individual pays or is obligated to pay for the newspapers and the amount the individual receives or is entitled to receive on distribution or resale thereof. [Amended by 1975 c.257 �3]

�� 657.085 Employment; service by certain agents, brokers, producers and salespersons excluded. �Employment� does not include service performed by any person as a newspaper advertising salesperson, real estate broker, principal real estate broker, insurance producer or securities salesperson or agent to the extent that the person is compensated by commission. [Amended by 1965 c.131 �1; 1979 c.521 �2; 2001 c.300 �55; 2003 c.364 �53]

�� 657.087 Employment; service by individuals soliciting contracts for home improvements and consumer goods sales excluded. �Employment� does not include service performed:

�� (1) By individuals soliciting contracts for home improvements including roofing, siding and alterations of private homes to the extent that the remuneration consists of commissions, or a share of the profit realized on each contract; or

�� (2) By individuals to the extent that the compensation consists of commissions, overrides or a share of the profit realized on orders solicited or sales resulting from the in-person solicitation of orders for and making sales of consumer goods in the home. [1961 c.320 �2; 1977 c.101 �1]

�� 657.088 Employment; certain sports officiating services excluded; exceptions. (1) As used in this chapter, �employment� does not include officiating services performed by individuals in recreational, interscholastic or intercollegiate sporting events or contests.

�� (2) As used in this section:

�� (a) �Officiating services� means overseeing the play of a sporting event or contest, judging whether the rules are being followed and penalizing participants for infringing the rules.

�� (b) �Sporting event or contest� means any sporting competition in which the participants are not professional athletes or contestants or are not remunerated for their participation.

�� (3) Subsection (1) of this section does not apply to officiating services performed for:

�� (a) A nonprofit employing unit;

�� (b) This state;

�� (c) A political subdivision of this state; or

�� (d) An Indian tribe. [2011 c.106 �2]

�� 657.090 Employment; petroleum products distributors excluded. �Employment� does not include service performed by an individual or partnership in the wholesale distribution of petroleum products whose remuneration for such service primarily consists of the difference between the amount the individual or partnership pays or is obligated to pay for the petroleum products and the amount the individual or partnership receives or is entitled to receive from the sale thereof or whose remuneration for such service primarily consists of commissions. [Amended by 1961 c.252 �7]

�� 657.091 Employment; food product demonstrators excluded. �Employment� does not include service performed by individuals who, on a temporary, part-time basis, demonstrate or give away samples of food products, as part of an advertising or sales promotion for the product, in stores that sell food at retail and who are not otherwise directly employed by the manufacturer, distributor or retailer. [1987 c.891 �2]

�� 657.092 Employment; nonprofit organization employees and contestants excluded. (1) �Employment� does not include service performed by an individual as a director, designer, performer, musician, technical crew member, house or business person, contestant, beauty queen or member of a court for or on behalf of a nonprofit organization in connection with a symphony, opera, play, pageant, festival, rodeo or similar event operated by such organization when the remuneration for such service consists solely of a gratuity, prize, scholarship or reimbursement of expenses.

�� (2) As used in this section:

�� (a) �Contestant� means a person competing in a competition in a pageant, festival, rodeo or similar event.

�� (b) �Gratuity� means a voluntary return for a service and does not include commissions or other amounts paid pursuant to an agreement reached at the time the individual agrees to perform a service for the organization.

�� (c) �Nonprofit organization� means an organization or group of organizations described in sections 501(c)(3) to 501(c)(10) of the Internal Revenue Code which is exempt from income tax under section 501(a) of the Internal Revenue Code.

�� (d) �Prize� means a reward received for winning a competition in a pageant, festival, rodeo or similar event.

�� (e) �Reimbursement for expenses� means a payment made in lieu of salary to compensate an individual for transportation costs to the location of the service and return, and ordinary living expenses while in the vicinity of the event in which the individual is participating.

�� (f) �Scholarship� means a grant provided for the purpose of paying part of the tuition or other costs of attending an educational institution or institution of higher education and payable to the institution of the individual�s choice. [1981 c.636 �2; 1983 c.508 �15; 2007 c.71 �209]

�� 657.093 Employment; certain services provided in exchange for ski passes excluded. (1) As used in this chapter, �employment� does not include service provided in conjunction with skiing activities or events for a nonprofit employing unit by a person who receives no remuneration other than ski passes for the service provided.

�� (2) The provisions of subsection (1) of this section apply only to the extent permitted by 26 U.S.C. 3306(c)(10)(A). [2008 c.32 �5]

�� 657.094 Employment; down-river boating activities excluded. �Employment� does not include service performed by an individual in connection with the transportation of the public for recreational down-river boating activities on the waters of this state pursuant to a federal permit when the person furnishes the equipment necessary for the activity. As used in this section, �recreational down-river boating activities� means those boating activities for the purpose of recreational fishing, swimming or sightseeing utilizing a float craft with oars or paddles as the primary source of power. [1981 c.444 �3]

�� 657.095 Payroll. (1) As used in this chapter, unless the context requires otherwise, �payroll� means all wages paid to employees in any employment subject to this chapter. However, for payroll tax purposes pursuant to this chapter, �wages� excludes remuneration received by an employee from each employer in any calendar year that is in excess of an amount obtained by multiplying the average annual wage for the second preceding calendar year by 0.80 and rounding the result to the nearest multiple of $100. The average annual wage shall be determined by dividing the total wages paid by subject employers during the year by the average monthly employment reported by subject employers for the year. However, a payroll, as calculated pursuant to this section, may not in any year be less than the amount in effect during the preceding calendar year.

�� (2) The remuneration paid by an employer located in this state for work performed in other states by an employee who works part of the time in a calendar year in this and other states shall be included in payroll when the work in the other states is covered by unemployment insurance laws. The Director of the Employment Department shall prescribe the manner of providing proof of the payment of payroll taxes on the wages of an employee earned while working in other states. [Amended by 1955 c.655 �6; 1959 c.606 �1; 1965 c.205 �1; 1971 c.463 �10; 1973 c.300 �3; 1973 c.810 �1; 1975 c.354 �1; 1983 c.508 �2; 1995 c.79 �331; 2005 c.183 �4]

�� 657.097 Political subdivision. As used in this chapter, �political subdivision� means any county, city, district organized for public purposes, or any other political subdivision or public corporation, including any entity organized pursuant to ORS 190.003 to

ORS 657.094

657.094, �employment� means service for an employer, including service in interstate commerce, within or outside the United States, performed for remuneration or under any contract of hire, written or oral, express or implied.

�� (2) Notwithstanding any other provisions of this chapter, �employment� includes service that is:

�� (a) Subject to the tax imposed by the Federal Unemployment Tax Act; or

�� (b) Required to be covered under this chapter as a condition for employers to receive a full tax credit against the tax imposed by the Federal Unemployment Tax Act.

�� (3) Notwithstanding subsections (1) and (2) of this section, �employment� does not include:

�� (a) Service performed in the employ of a school, college or university, if the service is performed by a student who is enrolled and is regularly attending classes at the school, college or university, or by the spouse of the student, if the spouse is advised at the time the spouse commences to perform the service, that the employment of the spouse is provided under a program to provide financial assistance to the student by the school, college, or university, and the employment is not covered by any program of unemployment insurance.

�� (b) Service performed in the employ of a hospital, if the service is performed by a patient of the hospital.

�� (c) Service performed as a student nurse in the employ of a hospital or a nurses� training school by an individual who is enrolled in a nurses� training school chartered or approved pursuant to the laws of this state.

�� (d) Service performed by an individual who is enrolled at a nonprofit or public educational institution that normally maintains a regular faculty and curriculum and normally has a regularly organized body of students in attendance at the place where its educational activities are carried on as a student in a full-time program, taken for credit at the institution, that combines academic instruction with work experience, if the service is an integral part of the program, and the program has been approved by the Director of the Employment Department, and the institution has so certified to the employer, except that this paragraph does not apply to service performed in a program established for or on behalf of an employer or group of employers.

�� (e) Service performed by a full-time student in the employ of an organized camp described in section 3306(c)(20) of the Internal Revenue Code:

�� (A) If the camp:

�� (i) Did not operate for more than seven months in the calendar year and did not operate more than seven months in the preceding calendar year; or

�� (ii) Had average gross receipts for any six months in the preceding calendar year that were not more than 33-1/3 percent of its average gross receipts for the other six months in the preceding calendar year; and

�� (B) If the full-time student performed services in the employ of the camp for less than 13 calendar weeks in the calendar year.

�� (4) As used in subsection (3)(e) of this section, an individual shall be treated as a full-time student for any period:

�� (a) During which the individual is enrolled as a full-time student at an educational institution; or

�� (b) That is between academic years or terms if:

�� (A) The individual was enrolled as a full-time student at an educational institution for the immediately preceding academic year or term; and

�� (B) There is a reasonable assurance that the individual will be enrolled for the immediately succeeding academic year or term after the period described in subparagraph (A) of this paragraph. [Amended by 1959 c.405 �2; 1971 c.463 �5; 1975 c.257 �2; 1981 c.77 �2; 1987 c.263 �1; 2011 c.106 �3]

�� 657.035 Employment; effect of place of performance of service. (1) The term �employment� includes an individual�s entire service, performed within, or both within and without, this state if:

�� (a) The service is localized in this state; or

�� (b) The service is not localized in any state, and such service is not covered under the unemployment compensation law of any other state, the Virgin Islands or Canada, and

�� (A) The base of operations is in this state, or if there is no base of operations, then the place from which the service is directed or controlled is in this state, or

�� (B) The base of operations or place from which such service is directed or controlled is not in any state in which some part of the service is performed but the individual�s residence is in this state.

�� (2) Service performed within this state but not covered under subsection (1) of this section is employment subject to this chapter if taxes are not required and paid with respect to such services under an unemployment insurance law of any other state or of the federal government.

�� (3) Services not covered under subsection (1) of this section, and performed entirely without this state, with respect to no part of which taxes are required and paid under an unemployment insurance law of any other state or of the federal government, are employment subject to this chapter if the Director of the Employment Department approves the election of the employer for whom such services are performed that the entire service of such individual shall be employment subject to this chapter. Such an election may be canceled by the employer by filing a written notice with the director between January 1 and January 15 of any year stating the desire of the employer to cancel such election or at any time by submitting to the director satisfactory proof that the services designated in such election are covered by an unemployment insurance law of another state or of the federal government.

�� (4) Service is localized within this state if:

�� (a) The service is performed entirely within this state; or

�� (b) The service is performed both within and without this state, but the service performed without the state is incidental to the individual�s service within the state.

�� (5) Employment shall include the service of an individual who is a citizen of the United States, performed outside the United States (except in Canada or the Virgin Islands), in the employ of an American employer (other than service which is �employment� under the provisions of subsection (1) of this section or the parallel provisions of another state�s law), if:

�� (a) The employer�s principal place of business in the United States is located in this state; or

�� (b) The employer has no place of business in the United States, but

�� (A) The employer is an individual who is a resident of this state; or

�� (B) The employer is a corporation which is organized under the laws of this state; or

�� (C) The employer is a partnership or a trust and the number of the partners or trustees who are residents of this state is greater than the number who are residents of any one other state; or

�� (c) None of the criteria of paragraphs (a) and (b) of this subsection is met but the employer has elected coverage in this state or, the employer having failed to elect coverage in any state, the individual has filed a claim for benefits, based on such service, under the law of this state.

�� (6) An �American employer� for purposes of this section means a person who is:

�� (a) An individual who is a resident of the United States; or

�� (b) A partnership if two-thirds or more of the partners are residents of the United States; or

�� (c) A trust, if all of the trustees are residents of the United States; or

�� (d) A corporation organized under the laws of the United States or of any state.

�� (7) For the purposes of this section the term United States includes the states, the District of Columbia, and the Commonwealth of Puerto Rico. [Amended by 1971 c.463 �6; 1973 c.300 �2; 1977 c.295 �2]

�� 657.040 Employment; when service for pay excluded; independent contractors. (1) Services performed by an individual for remuneration are deemed to be employment subject to this chapter unless and until it is shown to the satisfaction of the Director of the Employment Department that the individual is an independent contractor, as that term is defined in ORS 670.600.

�� (2) A finding that an individual performed services for an employing unit and earned less than the minimum amount necessary to qualify for benefits under ORS 657.150 based on earnings from that employing unit may not be considered in determining whether the service is employment under subsection (1) of this section. [Amended by 1967 c.303 �1; 1981 c.895 �1; 1985 c.225 �1; 1989 c.762 �6; 2005 c.533 �4]

�� 657.042 [1981 c.895 �3; 1983 c.579 �1; repealed by 1989 c.762 �8 and 1989 c.870 �14]

�� 657.043 Employment; golf course caddy service excluded; exceptions. �Employment� does not include service performed by a person as a caddy at a golf course in an established program for the training and supervision of caddies under the direction of a person who is an employee of the golf course. However, the provisions of this section do not apply to services performed for:

�� (1) A nonprofit employing unit;

�� (2) This state;

�� (3) A political subdivision of this state; or

�� (4) An Indian tribe. [1993 c.494 �4; 2001 c.572 �2; 2005 c.218 �8]

�� 657.044 Employment; service by partners and corporate officers and directors who are family members and by certain sole corporate officers and directors excluded; election; exceptions. (1) As used in this chapter, �employment� does not include service performed for:

�� (a) A corporation by corporate officers who:

�� (A) Are directors of the corporation;

�� (B) Have a substantial ownership interest in the corporation; and

�� (C) Are members of the same family.

�� (b) A corporation by an individual who is the sole corporate officer and director of the corporation and who has a substantial ownership interest in the corporation.

�� (c) A limited liability company by a member, including members who are managers, as defined in ORS 63.001.

�� (d) A limited liability partnership by a partner as described in ORS chapter 67.

�� (2)(a) The exclusion under subsection (1)(a) or (b) of this section is effective only if the corporation elects not to provide coverage for the individuals described respectively in subsection (1)(a) or (b) of this section.

�� (b) The election must be in writing and is effective on the first day of the current calendar quarter or, upon request, on the first day of the calendar quarter preceding the calendar quarter in which the request is submitted.

�� (3) The provisions of this section do not apply to service performed for:

�� (a) A nonprofit employing unit;

�� (b) This state;

�� (c) A political subdivision of this state; or

�� (d) An Indian tribe.

�� (4) As used in this section, �members of the same family� means persons who are members of a family as parents, stepparents, grandparents, spouses, sons-in-law, daughters-in-law, brothers, sisters, children, stepchildren, adopted children or grandchildren. [1995 c.220 �2; 1997 c.646 �15; 1999 c.59 �195; 2001 c.572 �3; 2003 c.792 �1; 2005 c.218 �9; 2009 c.79 �1; 2013 c.311 �1]

�� 657.045 Employment; agricultural labor excluded; exceptions. (1) �Employment� does not include agricultural labor unless such labor is performed after December 31, 1977, for an employing unit who:

�� (a) During any calendar quarter in the current calendar year or the preceding calendar year paid remuneration in cash of $20,000 or more to individuals employed in agricultural labor; or

�� (b) On each of 20 days during the current calendar year or the preceding calendar year, each day being in a different calendar week, employed in agricultural labor for some portion of the day (whether or not at the same moment of time) 10 or more individuals.

�� (2) Notwithstanding subsection (1)(a) and (b) of this section, �employment� does not include services performed before January 1, 1993, by an individual who is a noncitizen admitted to the United States to perform agricultural labor pursuant to sections 214(c) and 101(a) (15) (H) of the Immigration and Nationality Act.

�� (3) �Agricultural labor� does not include services performed for the state or a political subdivision but does include all services performed:

�� (a) On a farm, in the employ of any person, in connection with cultivating the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, bees, poultry and fur-bearing animals and wildlife.

�� (b) In the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement or maintenance of such farm and its tools and equipment, or in salvaging timber or clearing land of brush and other debris left by a hurricane, if the major part of such services is performed on a farm.

�� (c) In connection with the production or harvesting of any commodity defined as an agricultural commodity in section 15(g) of the Federal Agricultural Marketing Act, as amended, or in connection with the ginning of cotton, or in connection with the operation or maintenance of ditches, canals, reservoirs or waterways not owned or operated for profit used exclusively for supplying and storing water for farming purposes.

�� (d) In the employ of the operator or group of operators of a farm or farms (or a cooperative organization of which such operator or operators are members) in handling, planting, drying, packing, packaging, processing, freezing, grading, storing or delivering to storage or to market or to a carrier for transportation to market, in its unmanufactured state, any agricultural or horticultural commodity, but only if such operator or group of operators produced more than one-half of the commodity, as measured by volume, weight or other customary means, with respect to which such service is performed.

�� (4) Subsection (3)(d) of this section does not apply to service performed in connection with:

�� (a) Commercial canning, commercial freezing or brining of cherries;

�� (b) Any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption; or

�� (c) Any activity enumerated in subsection (3)(d) of this section when performed for an employer also engaged in any activity enumerated in paragraph (a) or (b) of this subsection.

�� (5) �Farms,� as used in this section, includes stock, dairy, poultry, fruit, fur-bearing animal, Christmas tree and truck farms, plantations, orchards, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities.

�� (6) For the purpose of this section, service in connection with the raising of forestry-type seedlings is agricultural labor when performed in a nursery.

�� (7)(a) For purposes of this chapter, and for services performed after December 31, 1977, any individual who is a member of a crew furnished by a crew leader to perform agricultural labor for any other person shall be treated as an employee of such crew leader if:

�� (A) Such crew leader holds a valid certificate of registration under the federal Migrant and Seasonal Agricultural Worker Protection Act; or

�� (B) Substantially all the members of such crew operate or maintain mechanized equipment which is provided by such crew leader; and

�� (C) Such individual is not an employee of such other persons under the usual common law rules applicable in determining the employer-employee relationship.

�� (b) Any individual who is furnished by a crew leader to perform agricultural labor for any other person and who is not treated as an employee of such crew leader under paragraph (a) of this subsection shall be an employee of such other person and such other person shall be treated as having paid cash remuneration to such individual in an amount equal to the amount of cash remuneration paid to such individual by the crew leader, either on behalf of the crew leader or on behalf of such other person, for agricultural labor performed for such other person.

�� (c) For purposes of this subsection, the term �crew leader� means an individual who:

�� (A) Furnishes individuals to perform agricultural labor for any other person;

�� (B) Pays, either on behalf of the crew leader or on behalf of such other person, the individuals so furnished by the crew leader for the agricultural labor performed by them; and

�� (C) Has not entered into a written agreement with such other person under which such individual is designated as an employee of such other person. [Amended by 1955 c.655 �3; 1957 c.395 �1; 1971 c.463 �7; 1973 c.260 �1; 1977 c.446 �1; 1987 c.263 �2; 1989 c.631 �1; 1993 c.18 �141; 2022 c.97 �16]

�� 657.046 Employment; operation of taxicab or passenger vehicle for nonemergency medical transportation by owner or lessee of vehicle for entity operated by board of owner-operators; exceptions. (1) As used in this chapter, �employment� does not include service performed in the operation of a passenger motor vehicle that is operated as a taxicab or a passenger motor vehicle that is operated for nonemergency medical transportation, by a person who has an ownership or leasehold interest in the passenger motor vehicle, for an entity that is operated by a board of owner-operators elected by the members of the entity.

�� (2) As used in this section:

�� (a) �Leasehold� has the meaning given that term in ORS 656.027 (27).

�� (b) �Passenger motor vehicle that is operated as a taxicab� means a vehicle that:

�� (A) Has a passenger seating capacity of at least three persons and not more than seven persons;

�� (B) On a route that begins or ends in Oregon, is used primarily to transport persons;

�� (C)(i) Carries passengers for hire when the destination and route traveled may be controlled by a passenger and the fare is calculated on the basis of any combination of an initial fee, distance traveled or waiting time; or

�� (ii) Is in use under a contract to provide specific service to a third party to transport designated passengers to locations selected by the third party; and

�� (D) Is not used more than secondarily or incidentally for errand services or to transport property, instead of or in addition to transporting passengers.

�� (c) �Passenger motor vehicle that is operated for nonemergency medical transportation� means a vehicle that:

�� (A) Has a passenger seating capacity of at least three persons and not more than seven persons;

�� (B) On a route that begins or ends in Oregon, is used primarily to transport persons;

�� (C) Provides medical transportation services under contract with or on behalf of a mass transit or transportation district; and

�� (D) Is not used more than secondarily or incidentally for errand services or to transport property, instead of or in addition to transporting passengers.

�� (3) The provisions of this section do not apply to service performed for:

�� (a) A nonprofit employing unit;

�� (b) This state;

�� (c) A political subdivision of this state; or

�� (d) An Indian tribe. [2012 c.109 �2; 2021 c.453 �16]

�� 657.047 Employment; transportation of logs, poles and piling and lessor of for-hire carriers excluded; exceptions. (1) As used in this chapter, �employment� does not include:

�� (a) Transportation by motor vehicle of logs, poles and piling by any person who both furnishes and maintains the vehicle used in such transportation; or

�� (b) Transportation performed by motor vehicle for a for-hire carrier by any person that leases their equipment to a for-hire carrier and that personally operates, furnishes and maintains the equipment and provides service thereto.

�� (2) For the purposes of this chapter, services performed in the operation of a motor vehicle specified in subsection (1) of this section shall be deemed to be performed for the person furnishing and maintaining the motor vehicle.

�� (3) As used in this section �for-hire carrier� has the meaning given that term in ORS 825.005.

�� (4) The provisions of subsections (1) and (2) of this section do not apply to services performed for:

�� (a) A nonprofit employing unit;

�� (b) This state;

�� (c) A political subdivision of this state; or

�� (d) An Indian tribe. [1963 c.469 �2; 1987 c.891 �3; 1995 c.306 �39; 2001 c.572 �4; 2005 c.218 �10]

ORS 658.075

658.075 and may be transferred and assigned as other claims for damages. The amount of damages claimed by the plaintiff determines the jurisdiction of the court in which action is to be brought. [1953 c.694 �24; 1961 c.380 �25; 1997 c.55 �15]

�� 658.250 Employment listing service; rules. (1) As used in this section, �employment listing service� means a business operated by a person that:

�� (a) Provides lists of specified positions of employment available with an employer other than the employment listing service or that holds itself out to individuals as able to provide information about specific positions of employment with an employer other than the employment listing service;

�� (b) Charges an individual a fee for its services; and

�� (c) Does not arrange or set up interviews between an individual and a prospective employer or otherwise intercede between an individual and a prospective employer but may offer limited counseling and employment-related services to an individual that includes, but is not limited to, personal grooming and appearance and interview preparation.

�� (2) A person who operates an employment listing service in this state shall provide to an individual a copy of:

�� (a) The fee schedule that the employment listing service charges an individual for its services;

�� (b) All contracts entered into between the employment listing service and the individual; and

�� (c) Any changes in the fees that the employment listing service charges an individual who uses its services.

�� (3) The Commissioner of the Bureau of Labor and Industries shall adopt rules relating to:

�� (a) The terms of contracts that an employment listing service requires an individual who uses its services to sign;

�� (b) Fees charged by an employment listing service for its services; and

�� (c) The methods that an employment listing service uses to confirm and keep current the lists of specified positions of employment available with an employer that the employment listing service provides to individuals.

�� (4) In addition to the penalties provided under ORS 658.115 and 658.991, an employment listing service shall forfeit any fees received as a result of a violation of any provision of subsection (2) of this section. [2003 c.406 �2]

�� Note: 658.250 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 658 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

LABOR CONTRACTORS

�� 658.405 Definitions for ORS 658.405 to 658.511. As used in ORS 658.405 to 658.511 and 658.991 (2) and (3), unless the context requires otherwise:

�� (1) �Agricultural association� means a nonprofit or cooperative association of farmers, growers or ranchers that is incorporated under applicable state law and that acts as a farm labor contractor solely on behalf of members of the association.

�� (2)(a) �Construction labor contractor� includes any person that:

�� (A) For an agreed remuneration or rate of pay, recruits, solicits, supplies or employs workers to perform labor for another in construction;

�� (B) For an agreed remuneration or rate of pay, recruits, solicits, supplies or employs workers on behalf of an employer engaged in construction; or

�� (C) Enters into a subcontract with another for any of the activities described in subparagraph (A) or (B) of this paragraph.

�� (b) �Construction labor contractor� does not include:

�� (A) A person that has a construction contract with an owner of real property where the construction work is performed;

�� (B) A person that has obtained building permits to perform construction work;

�� (C) A person that supplies building materials or machinery, other than manual tools or hand-operated power tools, for a construction project;

�� (D) An owner of real property engaged in the solicitation or recruitment of persons to perform construction work on the owner�s property;

�� (E) The Employment Department;

�� (F) A crew leader;

�� (G) Individuals who perform labor pursuant to an agreement for exchanging their own labor or services with each other, provided the work is performed on land owned or leased by the individuals;

�� (H) An educational institution that is recognized as such by the Department of Education;

�� (I) A labor union;

�� (J) A local joint apprenticeship committee formed under ORS 660.135; or

�� (K) A staffing agency whose primary purpose is to provide workers to the client employers of the agency under the terms of a client agreement, if the agency provides workers� compensation coverage for all employees as required by ORS chapter 656 and pays employment and income taxes in accordance with applicable law.

�� (3) �Crew leader� means the member of a group of workers who acts as spokesman for the group, travels with the group from another state into Oregon and performs the same work along with other group members. A crew leader may transport workers from their local place of residence to their place of employment so long as the crew leader does not perform this service for a profit.

�� (4)(a) �Farm labor contractor� includes any person that:

�� (A) For an agreed remuneration or rate of pay, recruits, solicits, supplies or employs workers to perform labor for another person to work in forestation or reforestation of lands, including but not limited to the planting, transplanting, tubing, precommercial thinning and thinning of trees and seedlings, the clearing, piling and disposal of brush and slash and other related activities;

�� (B) For an agreed remuneration or rate of pay, recruits, solicits, supplies or employs workers to perform labor for another person in the production or harvesting of farm products;

�� (C) Recruits, solicits, supplies or employs workers to gather evergreen boughs, yew bark, bear grass, salal or ferns from public lands for sale or market prior to processing or manufacture;

�� (D) Recruits, solicits, supplies or employs workers on behalf of an employer engaged in these activities;

�� (E) In connection with the recruitment or employment of workers to work in these activities, furnishes board or lodging for such workers;

�� (F) Bids or submits prices on contract offers for those activities; or

�� (G) Enters into a subcontract with another for any of those activities.

�� (b) �Farm labor contractor� does not include:

�� (A) Farmers, including owners or lessees of land intended to be used for the production of timber, their permanent employees, advertising media, platoon leaders or individuals engaged in the solicitation or recruitment of persons for dayhaul work in connection with the growing, production or harvesting of farm products;

�� (B) The Employment Department;

�� (C) A crew leader;

�� (D) An individual who performs work, other than recruiting, supplying, soliciting or employing workers to perform labor for another, alone or only with the assistance of the individual�s spouse, son, daughter, brother, sister, mother or father;

�� (E) Individuals who perform labor pursuant to an agreement for exchanging their own labor or services with each other, provided the work is performed on land owned or leased by the individuals;

�� (F) An educational institution that is recognized as such by the Department of Education;

�� (G) A farmer who operates a farmworker camp, regulated under ORS 658.750, who recruits, supplies, solicits or employs workers only for the farmer�s own operations, and has farmworkers living in the camp who are employed by another on no more than an incidental basis, and the farmer receives no remuneration by virtue of such incidental employment; or

�� (H) A labor union.

�� (5) �Labor contractor� means a construction labor contractor, a farm labor contractor or a property services contractor.

�� (6)(a) �Property services contractor� includes any person that:

�� (A) For an agreed remuneration or rate of pay, recruits, solicits, supplies or employs workers to perform labor for another person to provide services that include janitorial services;

�� (B) For an agreed remuneration or rate of pay, recruits, solicits, supplies or employs workers on behalf of an employer to provide services that include janitorial services; or

�� (C) Enters into a subcontract with another for any of the activities described in subparagraph (A) or (B) of this paragraph.

�� (b) �Property services contractor� does not include:

�� (A) The Employment Department;

�� (B) Employees of a property services contractor who is licensed under ORS 658.405 to 658.511;

�� (C) Individuals who perform labor pursuant to an agreement for exchanging their own labor or services with each other, provided the work is performed on land owned or leased by the individuals;

�� (D) An educational institution that is recognized as such by the Department of Education; or

�� (E) A labor union. [1959 c.395 �1; 1961 c.390 �1; 1975 c.502 �1; 1981 c.606 �1; 1983 c.654 �3; 1985 c.314 �1; 1987 c.158 �128; 1991 c.848 �1; 1995 c.73 �1; 1999 c.628 �1; 2013 c.584 �1; 2017 c.676 �1; 2018 c.8 �1]

�� 658.407 Administration and enforcement of ORS 658.405 to 658.511; rules. The Commissioner of the Bureau of Labor and Industries shall administer and enforce ORS 658.405 to 658.511, and in so doing shall:

�� (1) Investigate and attempt to adjust equitably controversies between labor contractors and their workers with respect to claims arising under ORS 658.415 (3) or 658.419.

�� (2) Take appropriate action to establish the liability or lack thereof of the labor contractor for wages of the employees of the labor contractor and if appropriate proof exists of liability for wages the commissioner shall pay the same or such part thereof as the commissioner has funds on deposit or cause the surety company to forthwith pay the entire liability or such part thereof as the sums due under the bond will permit.

�� (3) Adopt appropriate rules to administer ORS 658.405 to 658.511. [1971 c.479 �2; 1973 c.401 �1; 1975 c.502 �2; 1989 c.164 �10; 1991 c.331 �99; 1995 c.73 �6; 1999 c.628 �7; 2013 c.584 �3]

�� 658.410 Labor contractor license requirement; issuance; rules. (1) Except as provided by ORS

ORS 658.405

658.405 to 658.511 or ORS chapter 654.

�� (f) By force, intimidation or threat in any manner whatsoever, induce any occupant of the farmworker camp to give up any part of the compensation the occupant is entitled to by contract or by any state or federal wage payment law.

�� (g) By force, intimidation or threat in any manner whatsoever, restrain any person who wishes to leave the camp from doing so. [1989 c.962 �7; 1991 c.67 �169; 1995 c.500 �4]

�� 658.760 Prohibited actions by operator; burden of proof. (1) No farmworker camp operator shall discharge, evict or in any other manner discriminate against any person because that person:

�� (a) Has made a claim against the operator or employer for compensation for the occupant�s own personal services.

�� (b) Has caused to be instituted any proceedings under or related to ORS 658.705 to 658.850.

�� (c) Has testified or is about to testify in any such proceedings.

�� (d) Has discussed or consulted with anyone concerning the occupant�s rights under ORS 658.405 to

ORS 658.415

658.415 the names and addresses of one or more individuals who are responsible, financially and otherwise, for fulfilling the entity�s obligations consistent with the provisions of ORS 658.405 to 658.511.

�� (B) To a private nonprofit corporation authorized to do business in Oregon by the Office of Secretary of State and designated by the Internal Revenue Service as exempt under section 501(c)(3) of the Internal Revenue Code provided that the corporation is primarily engaged in recruiting, soliciting, supplying or employing workers.

�� (3) The majority shareholder or majority shareholders of a corporation or limited liability company are not required to be licensed under this section if the corporation or limited liability company:

�� (a)(A) Publicly trades its shares of stock on a stock exchange regulated by the United States Securities and Exchange Commission; or

�� (B) Has 10 or more shareholders and demonstrates to the satisfaction of the commissioner that the corporation or limited liability company is adequately capitalized; and

�� (b) Is authorized to do business in Oregon by the Office of Secretary of State. [1959 c.395 �2; 1961 c.390 �2; 1983 c.476 �1; 1983 c.654 �4; 1989 c.164 �2; 1999 c.628 �2; 2001 c.178 �1; 2013 c.584 �4; 2018 c.8 �2]

�� 658.411 Licensing subject to employee indorsement; terms and conditions. (1) An employee of a labor contractor who is licensed under ORS 658.405 to 658.511 may be licensed as a labor contractor subject to an employee indorsement if the employee continuously meets all of the following conditions:

�� (a) The employee�s employer has filed with the Commissioner of the Bureau of Labor and Industries a signed statement, in a form required by the commissioner, agreeing to sponsor the application and to notify the commissioner promptly upon termination of the employment of the employee;

�� (b) The employee engages in activities that would require licensing as a labor contractor solely on behalf of the employer;

�� (c) The employee does not personally employ any workers and is not responsible for paying any workers;

�� (d) The employer maintains proof of financial responsibility;

�� (e) The employer�s license remains in good standing; and

�� (f) The employee meets all of the conditions for licensing as a labor contractor, except as provided in this section.

�� (2) A labor contractor subject to an employee indorsement acting in compliance with subsection (1) of this section need not:

�� (a) Provide proof of financial responsibility under ORS 658.415 (3).

�� (b) Comply with ORS 658.440 (1)(j).

�� (c) Provide any of the following information that is of a personal nature if the labor contractor subject to an employee indorsement is an employee of a property services contractor:

�� (A) A Social Security number;

�� (B) A home address and telephone number;

�� (C) Personal financial information; and

�� (D) Personal income tax or property tax information.

�� (3) The license of a labor contractor subject to an employee indorsement shall state the conditions contained in subsection (1) of this section on its face and shall state that a labor contractor subject to an employee indorsement who operates out of compliance with these restrictions is an unlicensed labor contractor.

�� (4) A labor contractor who employs another labor contractor is personally, jointly and severally liable for any damages, attorney fees or costs awarded against the employee for the actions of the labor contractor employee undertaken within the scope of employment, or for actions of the employee that the employee takes under color of an employee�s license subject to an employee indorsement that are known, or reasonably should have been known, by the employer. In the case of a labor contractor that is a corporation, both the corporation and the licensed majority shareholder or shareholders are so liable. [1995 c.73 �3; 2005 c.340 �3; 2007 c.160 �4; 2013 c.584 �5; 2018 c.8 �3]

�� 658.412 License examination; rules. (1) The Commissioner of the Bureau of Labor and Industries may not issue a license to operate as a labor contractor until an applicant for a license has successfully passed a qualifying examination designed to test the applicant�s ability, knowledge and proficiency to conduct and manage the business of a labor contractor. The examination must also test the applicant�s knowledge of an employer�s responsibility to prevent sexual assault and sexual harassment. The commissioner shall prescribe by rule the requirements for and the manner of testing the competency of license applicants.

�� (2) In prescribing requirements for testing applicants for a property services contractor license, the commissioner may establish a process to administer the examination in-person, through an online electronic medium or in any other manner as the commissioner may specify. [1989 c.164 �3; 2013 c.584 �6; 2017 c.676 �5; 2018 c.8 �4]

�� 658.413 Fee schedule for licenses, indorsements and renewals; rules. (1) The Commissioner of the Bureau of Labor and Industries shall establish by rule a fee schedule for issuing and renewing licenses and indorsements under ORS 658.405 to 658.511 and 658.705 to

ORS 659A.006

659A.006, it has long been the public policy of this state that discrimination against any of the citizens of this state is a matter of state concern that threatens not only the rights and privileges of the state�s inhabitants but menaces the institutions and foundation of a free democratic state. These fundamental principles are integral to Oregon�s constitutional form of government, to its guarantees of political and civil rights and to the continued vitality of political and civil society in this state.

�� (2) The ability to enter into a committed, long-term relationship with another individual that is recognized not only by friends and family, but also by the laws of this state, is a significant and fundamental ability afforded to opposite-sex couples by the marriage laws of this state. Legal recognition of marriage by the state is the primary and, in a number of instances, the exclusive source of numerous rights, benefits and responsibilities available to married individuals under Oregon law. Marriage is limited to the union of one man and one woman by section 5a, Article XV of the Oregon Constitution.

�� (3) Many gay and lesbian Oregonians have formed lasting, committed, caring and faithful relationships with individuals of the same sex, despite long-standing social and economic discrimination. These couples live together, participate in their communities together and often raise children and care for family members together, just as do couples who are married under Oregon law. Without the ability to obtain some form of legal status for their relationships, same-sex couples face numerous obstacles and hardships in attempting to secure rights, benefits and responsibilities for themselves and their children. Many of the rights, benefits and responsibilities that the families of married couples take for granted cannot be obtained in any way other than through state recognition of committed same-sex partnerships.

�� (4) This state has a strong interest in promoting stable and lasting families, including the families of same-sex couples and their children. All Oregon families should be provided with the opportunity to obtain necessary legal protections and status and the ability to achieve their fullest potential.

�� (5) ORS 106.300 to 106.340 are intended to better align Oregon law with the values embodied in the Constitution and public policy of this state, and to further the state�s interest in the promotion of stable and lasting families, by extending benefits, protections and responsibilities to committed same-sex partners and their children that are comparable to those provided to married individuals and their children by the laws of this state.

�� (6) The establishment of a domestic partnership system will provide legal recognition to same-sex relationships, thereby ensuring more equal treatment of gays and lesbians and their families under Oregon law.

�� (7) The Legislative Assembly recognizes that the Oregon Constitution limits marriage to the union of one man and one woman. The Legislative Assembly does not seek to alter this definition of marriage in any way through the Oregon Family Fairness Act and recognizes that the Legislative Assembly cannot bestow the status of marriage on partners in a domestic partnership. The Legislative Assembly recognizes that numerous distinctions will exist between these two legally recognized relationships. The Legislative Assembly recognizes that the legal recognition of domestic partnerships under the laws of this state may not be effective beyond the borders of this state and cannot impact restrictions contained in federal law.

�� (8) ORS 106.300 to 106.340 do not require the performance of any solemnization ceremony to enter into a binding domestic partnership contract. It is left to the dictates and conscience of partners entering into a domestic partnership to determine whether to seek a ceremony or blessing over the domestic partnership and to the dictates of each religious faith to determine whether to offer or permit a ceremony or blessing of domestic partnerships. Providing recognition to same-sex partnerships through a domestic partnership system in no way interferes with the right of each religious faith to choose freely to whom to grant the religious status, sacrament or blessing of marriage under the rules or practices of that faith. [2007 c.99 �2]

�� Note: See note under 106.300.

�� 106.310 Definitions for ORS 106.300 to 106.340. As used in ORS 106.300 to 106.340 (Oregon Family Fairness Act):

�� (1) �Domestic partnership� means a civil contract described in ORS 106.300 to 106.340 entered into in person between two individuals who are at least 18 years of age, who are otherwise capable and at least one of whom is a resident of Oregon.

�� (2) �Partner� means an individual joined in a domestic partnership. [2007 c.99 �3; 2009 c.561 �1; 2023 c.20 �1]

�� Note: See note under 106.300.

�� 106.315 Prohibited and void domestic partnerships. (1) A domestic partnership is prohibited and void when:

�� (a) Either party to the domestic partnership had a partner or spouse living at the time of the domestic partnership unless the partner or spouse was the other party to the domestic partnership.

�� (b) The parties to the domestic partnership are first cousins or any nearer of kin to each other, whether of the whole or half blood, whether by blood or adoption, computing by the rules of the civil law. However, when the parties are first cousins by adoption only, the domestic partnership is not prohibited or void.

�� (2) When either party to a domestic partnership is incapable of making the civil contract or consenting to the contract for want of legal age or sufficient understanding, or when the consent of either party is obtained by force or fraud, the domestic partnership is void from the time it is so declared by a judgment of a court having jurisdiction of the domestic partnership. [2007 c.99 �4; 2009 c.561 �2; 2015 c.629 �10]

�� Note: See note under 106.300.

�� 106.320 Form of declaration and certificate of domestic partnership. (1) The Oregon Health Authority shall prepare forms entitled:

�� (a) �Declaration of Domestic Partnership� meeting the requirements of ORS 106.325; and

�� (b) �Certificate of Registered Domestic Partnership.�

�� (2) The authority shall distribute the forms to each county clerk. The authority and each county clerk shall make the Declaration of Domestic Partnership forms available to the public. [2007 c.99 �5; 2009 c.595 �65b]

�� Note: See note under 106.300.

�� 106.325 Contents of declaration; filing with county clerk; registry; consent to circuit court jurisdiction. (1) Two individuals wishing to become partners in a domestic partnership may complete and file a Declaration of Domestic Partnership with the county clerk.

�� (2) In accordance with the requirements of this section, the county clerk shall register the Declaration of Domestic Partnership in a domestic partnership registry and return a copy of the registered form and a Certificate of Registered Domestic Partnership to the partners in person or at the mailing address provided by the partners.

�� (3) An individual who has filed a Declaration of Domestic Partnership may not file a new Declaration of Domestic Partnership or enter a marriage with someone other than the individual�s registered partner unless a judgment of dissolution or annulment of the most recent domestic partnership has been entered. This prohibition does not apply if the previous domestic partnership ended because one of the partners died.

�� (4) Each individual signing a Declaration of Domestic Partnership consents to the jurisdiction of the circuit courts of Oregon for the purpose of an action to obtain a judgment of dissolution or annulment of the domestic partnership, for legal separation of the partners in the domestic partnership or for any other proceeding related to the partners� rights and obligations, even if one or both partners cease to reside in, or to maintain a domicile in, this state. Notwithstanding ORS 107.086, a petition for dissolution or annulment of the domestic partnership, for legal separation of the partners in the domestic partnership or for any other proceeding related to the partners� rights and obligations may be filed in the county in which either the petitioner or respondent last resided.

�� (5) On the Declaration of Domestic Partnership, each individual who wants to become a partner in a domestic partnership shall:

�� (a) State that the individual is at least 18 years of age and is otherwise capable to enter into a domestic partnership at the time the individual signs the form;

�� (b) State whether the individual is a resident of Oregon;

�� (c) Provide a mailing address;

�� (d) State that the individual consents to the jurisdiction of the circuit courts of Oregon for the purpose of an action to obtain a judgment of dissolution or annulment of the domestic partnership or for legal separation of the partners in the domestic partnership, or for any other proceeding related to the partners� rights and obligations, even if one or both partners cease to reside in, or to maintain a domicile in, this state;

�� (e) Indicate the individual�s name after domestic partnership as provided in ORS 106.335;

�� (f) Sign the form with a declaration that representations made on the form are true, correct and contain no material omissions of fact to the best knowledge and belief of the individual; and

�� (g) Have a notary public acknowledge the individual�s signature.

�� (6) Both partners� signatures must be affixed to one Declaration of Domestic Partnership form. Filing an intentionally and materially false Declaration of Domestic Partnership is punishable as a misdemeanor.

�� (7) The county clerk may accept any reasonable proof of an individual�s age satisfactory to the clerk. The clerk may require proof of age by affidavit of some individual other than either of the parties seeking to file the Declaration of Domestic Partnership if the clerk deems it necessary in order to determine the age of the individual to the clerk�s satisfaction.

�� (8) The county clerk may not register a Declaration of Domestic Partnership or return a copy of the registered form and a Certificate of Registered Domestic Partnership to the partners until the provisions of this section, ORS 106.330 and all other legal requirements are complied with.

�� (9) Notwithstanding ORS 432.350 or any other provision of law, the registry of domestic partnerships maintained by a county clerk is a public record and subject to full disclosure. [2007 c.99 �6; 2009 c.561 �3]

�� Note: See note under 106.300.

�� 106.330 Registration fee. (1) In addition to any other fees provided by law, the county clerk shall collect a fee of $25 for registering a Declaration of Domestic Partnership.

�� (2) The county clerk shall regularly pay over to the Department of Human Services all moneys collected under subsection (1) of this section to be credited to the Domestic Violence Fund pursuant to ORS 409.300. [2007 c.99 �7; 2009 c.595 �65c; 2011 c.720 �56]

�� Note: See note under 106.300.

�� 106.335 Name upon entering into domestic partnership; legal effect. (1) Upon entering into a domestic partnership, either party to the domestic partnership may:

�� (a) Retain the party�s middle name, if any, and surname prior to the domestic partnership;

�� (b) Retain the party�s middle name, if any, and change the party�s surname to the surname of the other party;

�� (c) Either retain or remove the party�s middle name, if any, and change the party�s surname to one surname or a combination of surnames, or names within the surnames, of either or both parties, with or without a hyphen;

�� (d) Change the party�s middle name, if any, to the party�s surname at birth or prior to the domestic partnership; or

�� (e) Add to the party�s middle name, if any, the party�s surname at birth or prior to the domestic partnership and change the party�s surname to the surname of the other party.

�� (2) Each party must indicate on the Declaration of Domestic Partnership the party�s name after domestic partnership.

�� (3) The name of each party after domestic partnership as indicated on the Declaration of Domestic Partnership shall become the sole legal name of each party after domestic partnership. If a party indicates a name change other than as described in subsection (1) of this section, the party shall request approval of the court pursuant to ORS 33.410.

�� (4) As used in this section, �middle name� and �surname� mean a name that may consist of one or more different names. [2007 c.99 �8; 2009 c.561 �4; 2013 c.341 �3; 2015 c.425 �2]

�� Note: See note under 106.300.

�� 106.340 Certain privileges, immunities, rights, benefits and responsibilities granted or imposed. (1) Any privilege, immunity, right or benefit granted by statute, administrative or court rule, policy, common law or any other law to an individual because the individual is or was married, or because the individual is or was an in-law in a specified way to another individual, is granted on equivalent terms, substantive and procedural, to an individual because the individual is or was in a domestic partnership or because the individual is or was, based on a domestic partnership, related in a specified way to another individual.

�� (2) Any responsibility imposed by statute, administrative or court rule, policy, common law or any other law on an individual because the individual is or was married, or because the individual is or was an in-law in a specified way to another individual, is imposed on equivalent terms, substantive and procedural, on an individual because the individual is or was in a domestic partnership or because the individual is or was, based on a domestic partnership, related in a specified way to another individual.

�� (3) Any privilege, immunity, right, benefit or responsibility granted or imposed by statute, administrative or court rule, policy, common law or any other law to or on a spouse with respect to a child of either of the spouses is granted or imposed on equivalent terms, substantive and procedural, to or on a partner with respect to a child of either of the partners.

�� (4) Any privilege, immunity, right, benefit or responsibility granted or imposed by statute, administrative or court rule, policy, common law or any other law to or on a former or surviving spouse with respect to a child of either of the spouses is granted or imposed on equivalent terms, substantive and procedural, to or on a former or surviving partner with respect to a child of either of the partners.

�� (5) Many of the laws of this state are intertwined with federal law, and the Legislative Assembly recognizes that it does not have the jurisdiction to control federal laws or the privileges, immunities, rights, benefits and responsibilities related to federal laws.

�� (6) ORS 106.300 to 106.340 do not require the extension of any benefit under ORS chapter 238 or 238A, or under any other retirement, deferred compensation or other employee benefit plan.

�� (7) ORS 106.300 to 106.340 do not require the extension of any benefit under any employee benefit plan that is subject to federal regulation under the Employee Retirement Income Security Act of 1974.

�� (8) For purposes of administering Oregon tax laws, partners in a domestic partnership, surviving partners in a domestic partnership and the children of partners in a domestic partnership have the same privileges, immunities, rights, benefits and responsibilities as are granted to or imposed on spouses in a marriage, surviving spouses and their children. [2007 c.99 �9; 2023 c.20 �2]

�� Note: See note under 106.300.

SAME-SEX MARRIAGE

�� 106.345 Equivalency of privileges, immunities, rights, benefits and responsibilities. It is the policy of this state that:

�� (1) Any privilege, immunity, right or benefit granted by statute, administrative or court rule, policy, common law or any other law to an individual because the individual is or was married to an individual of a different sex, is granted on equivalent terms, substantive and procedural, to an individual who is or was married to an individual of the same sex.

�� (2) Any responsibility imposed by statute, administrative or court rule, policy, common law or any other law on an individual because the individual is or was married to an individual of a different sex, is imposed on equivalent terms, substantive and procedural, to an individual who is or was married to an individual of the same sex.

�� (3) Any privilege, immunity, right, benefit or responsibility granted or imposed by statute, administrative or court rule, policy, common law or any other law to or on a married individual with respect to a child of either of the individuals in the marriage is granted or imposed on equivalent terms, substantive and procedural, to all individuals in any marriage without regard to whether the individuals in the marriage are of different sex or of the same sex. [2016 c.46 �3]

�� Note: 106.345 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 106 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

PENALTIES

�� 106.990 Penalties. (1) Violation of ORS 106.041 (6) is a Class C misdemeanor.

�� (2) Violation of ORS 106.110 or 106.140 is a Class A misdemeanor.

�� (3) Refusal or neglect to comply with ORS 106.170 shall result in the forfeiture of a penalty of not less than $10 nor more than $50 to be recovered by action for every five days of such refusal or neglect. [Amended by 1953 c.143 �9; subsection (1) enacted as 1953 c.143 �5; 1981 c.152 �4; 1987 c.320 �16; 1999 c.776 �3; 2001 c.501 �7; 2007 c.703 �8; 2011 c.597 �160; 2017 c.466 �2]

ORS 662.050

662.050. No court, nor any judge thereof, shall have jurisdiction to issue a restraining order or temporary or permanent injunction upon the ground that any of the persons participating or interested in a labor dispute constitute or are engaged in an unlawful combination or conspiracy because of the doing in concert of the acts enumerated in ORS 662.050.

�� 662.070 Liability of associations and officers and members of associations for unlawful acts of individuals. No officer or member of any association or organization, and no association or organization participating or interested in a labor dispute, shall be held responsible or liable in any court of this state for the unlawful acts of individual officers, members or agents, except upon clear proof of actual participation in, or actual authorization of, such acts, or of ratification of such acts after actual knowledge thereof.

�� 662.080 Hearing and findings of certain facts are prerequisites to injunction. No court, nor any judge thereof, shall have jurisdiction to issue a temporary or permanent injunction in any case involving or growing out of a labor dispute, except after hearing the testimony of witnesses in open court, with opportunity for cross-examination, in support of the allegations of a complaint made under oath, and testimony in opposition thereto, if offered, and except after findings of fact by the court, to the effect:

�� (1) That unlawful acts have been threatened and will be committed unless restrained, or have been committed and will be continued unless restrained, but no injunction or temporary restraining order shall be issued on account of any threat or unlawful act excepting against the persons, association or organization making the threat or committing the unlawful act or actually authorizing or ratifying the same after actual knowledge thereof.

�� (2) That substantial and irreparable injury to complainant�s property will follow.

�� (3) That as to each item of relief granted greater injury will be inflicted upon complainant by the denial of relief than will be inflicted upon defendants by the granting of relief.

�� (4) That complainant has no adequate remedy at law.

�� (5) That the public officers charged with the duty to protect complainant�s property are unable or unwilling to furnish adequate protection.

�� 662.090 Notice of hearing; issuance of temporary injunction without notice; attorney fees. (1) The hearing shall be held after due and personal notice thereof has been given, in such manner as the court shall direct, to all known persons against whom relief is sought, and also to the chief of those public officials of the county and city within which the unlawful acts have been threatened or committed charged with the duty to protect complainant�s property. However, if a complainant also alleges that, unless a temporary restraining order is issued without notice, a substantial and irreparable injury to complainant�s property will be unavoidable, such a temporary restraining order may be issued upon testimony under oath, sufficient, if sustained, to justify the court in issuing a temporary injunction upon a hearing after notice. Such a temporary restraining order shall be effective for no longer than five days and shall become void at the expiration of the five days.

�� (2) No temporary restraining order or temporary injunction shall be issued except on condition that complainant first files an undertaking with adequate security in an amount to be fixed by the court sufficient to recompense those enjoined for any loss, expense or damage caused by the improvident or erroneous issuance of such order or injunction, including all reasonable costs, together with a reasonable attorney fee at trial and on appeal and expense of defense against the order or against the granting of any injunctive relief sought in the same proceeding and subsequently denied by the court.

�� (3) The undertaking mentioned in subsection (2) of this section shall be understood to signify an agreement entered into by the complainant and the surety upon which a judgment may be rendered in the same action or proceeding against the complainant and surety, upon a hearing to assess damages of which hearing complainant and surety shall have reasonable notice, the complainant and surety submitting themselves to the jurisdiction of the court for that purpose. This section does not deprive any party having a claim or cause of action under or upon such undertaking from electing to pursue the ordinary remedy of the party by action for legal or equitable remedies. [Amended by 1979 c.284 �188; 1981 c.897 �98]

�� 662.100 Compliance with obligations involved in dispute and making reasonable effort to settle as prerequisites to injunctive relief. No restraining order or injunctive relief shall be granted to any complainant who has failed to comply with any obligation imposed by law which is involved in the labor dispute in question, or who has failed to make every reasonable effort to settle such dispute, either by negotiation or with the aid of any available governmental machinery of mediation or voluntary arbitration.

�� 662.110 Findings of fact prerequisite to injunction; scope of injunction. (1) No restraining order or temporary or permanent injunction shall be granted in a case involving or growing out of a labor dispute, except on the basis of findings of fact made and filed by the court in the record of the case prior to the issuance of such restraining order or injunction.

�� (2) Every restraining order or injunction granted in a case involving or growing out of a labor dispute shall include only a prohibition of such specific acts as may expressly be complained of in the bill of complaint or petition filed in such case and as shall expressly be included in the findings of fact made and filed by the court.

�� 662.120 Appeal to Supreme Court. Whenever any court or judge thereof issues or denies any temporary injunction in a case involving or growing out of a labor dispute, the court shall, upon the request of any party to the proceedings and on filing the usual bond for costs, forthwith certify, as in ordinary cases, the record of the case to the Supreme Court for its review. Upon the filing of such record in the Supreme Court, the appeal shall be heard and the temporary injunctive order affirmed, modified or set aside with the greatest possible expedition, giving the proceedings precedence over all other matters, except older matters of the same character.

�� 662.130 Contempt proceedings; jury trial; change of judge. (1) In all cases arising under ORS

ORS 662.585

662.585; 1975 c.147 �14]

�� 663.045 Obtaining advisory opinions on assertion of federal jurisdiction; findings of board to be public records. (1) In carrying out this chapter, the Employment Relations Board may, pursuant to any applicable federal law, rule or regulation, petition the National Labor Relations Board for an advisory opinion as to whether that agency will assert jurisdiction over a labor dispute which is the subject of a proceeding then pending before the board.

�� (2) All findings, conclusions, and determinations of the board under this chapter shall be public records. [Formerly 662.595]

UNFAIR LABOR PRACTICES

�� 663.100 Determination of agent. For the purposes of this chapter, in determining whether a person is acting as an �agent� of a second person so as to make the second person responsible for the acts of the first person, the question of whether the specific acts performed were actually authorized or subsequently ratified is not controlling. [1971 c.729 �3; 1987 c.158 �133]

�� 663.105 Supervisory personnel as union members. Nothing in this chapter prohibits an individual employed as a supervisor from becoming or remaining a member of a labor organization, but no employer subject to this chapter is compelled to treat as employees, for the purpose of collective bargaining, individuals defined as supervisors in ORS 663.005. [1971 c.729 �4]

�� 663.110 Employee organization, bargaining rights; union security agreements; payments to charitable institutions in lieu of union dues and other fees. Employees have the right to self-organization; to form, join or assist labor organizations; to bargain collectively through representatives of their own choosing; and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. Employees also have the right to refrain from any or all of such activities except to the extent that this right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized by ORS 663.125. However, agreements involving union security including an all-union agreement or agency agreement must safeguard the rights of nonassociation of employees, based on bona fide religious tenets or teachings of a church or religious body of which such employee is a member. Such employee must pay an amount of money equivalent to regular union dues and initiation fees and assessments, if any, to a nonreligious charity or to another charitable organization mutually agreed upon by the employee affected and the representative of the labor organization to which such employee would otherwise pay dues. The employee shall furnish written proof that this has been done. If the employee and representative of the labor organization do not reach agreement on the matter, the Employment Relations Board shall designate such organization. [1971 c.729 �5; 2003 c.14 �410]

�� 663.115 Right to strike. Nothing in this chapter, except as specifically provided for therein, either interferes with, impedes or diminishes in any way the right to strike, or affects the limitations or qualifications on that right. [1971 c.729 �6]

�� 663.120 Employer unfair labor practices. It is an unfair labor practice for an employer:

�� (1) To interfere with, restrain or coerce employees in the exercise of the rights guaranteed in ORS 663.110;

�� (2) To dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it. However, subject to rules published by the Employment Relations Board pursuant to ORS chapter 183, an employer may permit employees to confer with the employer during working hours without loss of time or pay;

�� (3) To discharge or otherwise discriminate against an employee because the employee has filed charges or given testimony under this chapter; or

�� (4) To refuse to bargain collectively with the employees� exclusive representative, as defined in ORS 663.015. [1971 c.729 �7; 1975 c.83 �1]

�� 663.125 Other employer unfair labor practices. It is an unfair labor practice for an employer, by discrimination in regard to hire or tenure of employment or any term or condition of employment, to encourage or discourage membership in a labor organization. However:

�� (1) Nothing in this chapter or in any other statute of this state precludes an employer from making an agreement with a labor organization (not established, maintained or assisted by any action defined in this section or in ORS 663.120 as an unfair labor practice) to require as a condition of employment membership therein on or after the 30th day following the beginning of such employment or the effective date of such agreement, whichever is the later:

�� (a) If the labor organization is the representative of the majority of the employees in the appropriate collective-bargaining unit covered by the agreement when made; and

�� (b) Unless following an election held within one year preceding the effective date of the agreement, at least a majority of the employees eligible to vote in the election have voted to rescind the authority of the labor organization to make such an agreement.

�� (2) No employer shall justify any discrimination against an employee for nonmembership in a labor organization if the employer has reasonable grounds for believing that membership was:

�� (a) Not available to the employee on the same terms and conditions generally applicable to other members; or

�� (b) Denied or terminated for reasons other than the failure of the employee to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership. [1971 c.729 �8]

�� 663.127 Union security agreements. An employer or labor organization anywhere in this state may execute and apply an agreement requiring membership in a labor organization as a condition of employment to the full extent allowed by federal law. [2017 c.369 �3]

�� Note: 663.127 was added to and made a part of ORS chapters 661 to 663 by legislative action but was not added to ORS chapter 663 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 663.130 Union unfair labor practices. It is an unfair labor practice for a labor organization or its agents:

�� (1) To cause or attempt to cause an employer to discriminate against an employee in violation of ORS 663.125 or to discriminate against an employee with respect to whom membership in such organization has been denied or terminated on some ground other than the failure of the employee to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership;

�� (2) To refuse to bargain collectively with an employer, if it is the elected and certified representative of the employees;

�� (3) To cause or attempt to cause an employer to pay or deliver, or agree to pay or deliver, any money or other thing of value, in the nature of an exaction, for services which are not performed or not to be performed; or

�� (4) To restrain or coerce:

�� (a) An employer in the selection of representatives for the purposes of collective bargaining or the adjustment of grievances; or

�� (b) Employees in the exercise of the rights guaranteed in ORS 663.110. However, this paragraph does not impair the right of a labor organization to prescribe its own rules with respect to the acquisition or retention of membership therein. [1971 c.729 �9]

�� 663.135 Excessive membership fee. It is an unfair labor practice for a labor organization or its agents to require of employees covered by an agreement authorized under ORS 663.125 the payment, as a condition precedent to becoming a member of the organization, of a fee in an amount which the Employment Relations Board finds excessive or discriminatory under all the circumstances. In making such a finding the board shall consider, among other relevant factors, the practices and customs of labor organizations in the particular industry, and the wages currently paid to the employees affected. [1971 c.729 �10]

�� 663.140 Encouraging certain strikes; refusals to handle products. It is an unfair labor practice for a labor organization or its agents to engage in, or to induce or encourage any individual employed by any person to engage in, a strike or a refusal in the course of employment to use, manufacture, process, transport or otherwise handle or work on any goods, articles, materials or commodities or to perform any services; or to threaten, coerce or restrain any person, where in either case an object thereof is forcing or requiring:

�� (1) An employer or self-employed person to join a labor or employer organization or to enter into an agreement that is prohibited by ORS 663.155;

�� (2) A person to cease using, selling, handling, transporting or otherwise dealing in the products of any other producer, processor or manufacturer, or to cease doing business with any other person, or forcing or requiring any other employer to recognize or bargain with a labor organization as the representative of employees of the employer unless such labor organization has been certified as the elected representative of such employees. However, nothing in this subsection makes unlawful, where not otherwise unlawful, any primary strike or primary picketing;

�� (3) An employer to recognize or bargain with a particular labor organization as the representative of employees of the employer if another labor organization has been certified as the elected representative of such employees; or

�� (4) An employer to assign particular work to employees in a particular labor organization or in a particular trade, craft or class rather than to employees in another labor organization or in another trade, craft or class, unless the employer is failing to conform to an order of the Employment Relations Board or certification of the conciliator determining the bargaining representative for employees performing the work. [1971 c.729 �11; 2005 c.22 �473]

�� 663.145 Refusal to enter upon premises where strike in progress; truthful strike publicity not prohibited. (1) Notwithstanding ORS 663.140, nothing in ORS 663.130 to 663.150 makes unlawful a refusal by any person to enter upon the premises of an employer (other than the person�s own employer), if the employees of that employer are engaged in a strike ratified or approved by an elected and certified representative of the employees whom the employer is required to recognize.

�� (2) For the purposes of ORS 663.140 only, nothing in that section prohibits publicity, other than picketing, for the purpose of truthfully advising the public, including consumers and members of a labor organization, that a product is produced by an employer with whom the labor organization has a primary dispute and is distributed by another employer, as long as such publicity does not have an effect of inducing an individual employed by any person other than the primary employer in the course of employment to refuse to pick up, deliver or transport any goods, or not to perform any services, at the establishment of the employer engaged in such distribution. [1971 c.729 �12]

�� 663.150 Picketing to force recognition of or bargaining with union. (1) It is an unfair labor practice for a labor organization or its agents to picket or cause to be picketed, or threaten to picket or cause to be picketed, any employer when an object thereof is forcing or requiring an employer to recognize or bargain with a labor organization as the representative of the employees, or forcing or requiring the employees of an employer to accept or select such labor organization as their collective-bargaining representative, unless such labor organization is currently certified as the representative of such employees:

�� (a) Where the employer has lawfully recognized in accordance with this chapter any other labor organization and a petition for a representation election may not appropriately be filed;

�� (b) Where, within the preceding 12 months, a valid election has been conducted; or

�� (c) Where the picketing has been conducted without a petition for an election and certification having been filed.

However:

�� (A) When such a petition has been filed the Employment Relations Board forthwith, without regard to the absence of a showing of a substantial interest on the part of the labor organization and without an investigation or hearing, shall conduct an election by secret ballot, marked at the place of election, in such unit as the board finds to be appropriate, and to certify the results thereof.

�� (B) Nothing in this section prohibits any picketing or other publicity for the purpose of truthfully advising the public (including consumers) that an employer does not employ members of, or have a contract with, a labor organization, unless an effect of the picketing is to induce an individual employed by any other person in the course of employment, not to pick up, deliver or transport any goods or not to perform any services.

�� (2) Nothing in this section permits any act that otherwise would be an unfair labor practice under ORS 663.130 to 663.150. [1971 c.729 �13; 1975 c.147 �14a; 2007 c.71 �218]

�� 663.155 Contract with employer to refrain from dealing in products of another employer. It is an unfair labor practice for a labor organization and an employer to enter into a contract or agreement, express or implied, whereby the employer ceases or refrains, or agrees to cease or refrain, from handling, using, selling, transporting or otherwise dealing in any of the products of any other employer, or to cease doing business with any other person. Any contract or agreement entered into after January 1, 1972, containing such an agreement is to such extent unenforceable and void. [1971 c.729 �15]

�� 663.160 Expression of views not containing threats or promises of benefit not unfair labor practice. The expressing of any views, argument or opinion, or the dissemination thereof, whether in written, printed, graphic or visual form, does not constitute evidence of an unfair labor practice under any of the provisions of this chapter, if the expression contains no threat of reprisal or force or promise of benefit. [1971 c.729 �16]

�� 663.165 Procedure for terminating or modifying existing collective bargaining contract; notice; negotiation meetings. (1) Notwithstanding ORS 663.010, if there is in effect a collective-bargaining contract covering employees in an industry, the duty to bargain collectively also means that no party to the contract shall terminate or modify the contract, unless the party desiring termination or modification:

�� (a) Serves a written notice upon the other party to the contract of the proposed termination or modification 60 days before the expiration date thereof, or in the event the contract contains no expiration date, 60 days before the time it is proposed to make such termination or modification;

�� (b) Offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications;

�� (c) Notifies the State Conciliation Service within 30 days after notice of the existence of a dispute, if no agreement has been reached by that time; and

�� (d) Continues in full force and effect, without resorting to strike or lockout, all the terms and conditions of the existing contract for a period of 60 days after such notice is given or until the expiration date of the contract, whichever occurs later.

�� (2) The duties imposed upon employers, employees and labor organizations by subsection (1)(b), (c) and (d) of this section:

�� (a) Become inapplicable upon an intervening election and certification under which the labor organization or individual which is a party to the contract has been superseded as or ceased to be the representative of the employees; and

�� (b) Do not require either party to discuss or agree to any modification of the terms and conditions contained in a contract for a fixed period, if the modification is to become effective before the terms and conditions can be reopened under the provisions of the contract.

�� (3) Any employee who engages in a strike within the 60-day period specified in this section loses status as an employee of the employer engaged in the particular labor dispute, for the purposes of this chapter, but the loss of status for the employee terminates if the employee is reemployed by the employer. [1971 c.729 �17]

�� 663.170 Unfair labor practice provisions not retroactive. (1) No provision of this chapter makes an unfair labor practice any act that was performed before January 1, 1972.

�� (2) ORS 663.125 and 663.130 (1) do not make an unfair labor practice the performance of any obligation under a collective-bargaining agreement entered into before January 1, 1972, unless the agreement was renewed or extended after January 1, 1972. [1971 c.729 �18]

REMEDIES

�� 663.175 Authority of board to prevent unfair labor practices; authority not to affect other lawful adjustment means. As provided in ORS 663.175 to 663.260, the Employment Relations Board may prevent any person from engaging in an unfair labor practice listed in ORS

ORS 663.235

663.235 if a charge against the employer under ORS 663.120 (2) has been filed and, after the preliminary investigation, the board has reasonable cause to believe that the charge is true and that a complaint should issue. [1971 c.729 �35; 1975 c.147 �17]

�� 663.260 Service of process on union; making union party to suit. The service of legal process upon an officer or agent of a labor organization constitutes service upon the labor organization and makes the organization a party to the suit. [1971 c.729 �36]

�� 663.265 Application of ORS 663.270 to 663.295 to hearings and investigations. ORS 663.270 to 663.295 apply to all hearings and investigations which, in the opinion of the Employment Relations Board, are necessary and proper for the exercise of the powers vested in it by this chapter. [1971 c.729 �37]

�� 663.270 Access of board to evidence relating to subject matter of investigation or proceedings; revocation of subpoenas requiring improper information; administration of oaths; taking testimony and evidence. (1) The Employment Relations Board or its duly authorized agents at all reasonable times shall have access to, for the purpose of examination, and the right to copy, any evidence of a person being investigated or proceeded against that relates to any matter under investigation or in question. The board, upon application of a party to such proceedings, forthwith shall issue to that party subpoenas requiring the attendance and testimony of witnesses or the production of any evidence in the proceeding or investigation requested in the application.

�� (2) Within five days after the service of a subpoena on a person requiring the production of any evidence in possession or under the control of the person, the board on petition of that person shall revoke the subpoena if in its opinion the evidence whose production is required does not relate to any matter under investigation, or any matter in question in the proceedings, or if in its opinion the subpoena does not describe with sufficient particularity the evidence whose production is required.

�� (3) The board or its agent designated by it for such purposes, may administer oaths and affirmations, examine witnesses and receive evidence. Attendance of witnesses and the production of such evidence may be required at any designated place of hearing. [1971 c.729 �38; 1975 c.147 �18]

�� 663.275 Refusal to obey subpoenas punished as contempt of court. In case of contumacy or refusal to obey a subpoena issued to any person, any court of this state within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which the person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the Employment Relations Board or its agent, has jurisdiction to issue to the person an order requiring the person to appear before the board or its agent to produce evidence if so ordered, or to give testimony touching the matter under investigation or in question. Any failure to obey such order of the court may be punished by the court as a contempt thereof. [1971 c.729 �39; 1975 c.147 �19]

�� 663.280 Immunity from punishment of persons testifying, producing evidence required by subpoena. No person shall be excused from attending and testifying or from producing books, records, correspondence, documents or other evidence in obedience to a subpoena issued under ORS 663.270, on the ground that the testimony or evidence required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture. However, no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which the individual is compelled, after having claimed privilege against self-incrimination, to testify or produce evidence, except that the individual so testifying is not exempt from prosecution and punishment for perjury committed in so testifying. [1971 c.729 �40]

�� 663.285 Method of serving process of board; fees for witnesses summoned by board. (1) Complaints, orders, and other process and papers of the Employment Relations Board or its designated agent issued under this chapter may be served personally, by registered or certified mail, by telegraph or by leaving a copy thereof at the principal office or place of business of the person required to be served. The verified return by the individual so serving setting forth the manner of service is proof of service. The return post-office receipt or telegraph receipt therefor, when registered and mailed or telegraphed, is proof of service.

�� (2) Witnesses summoned before the board or its designated agent under this chapter shall be paid the fees and mileage provided for witnesses in ORS 44.415 (2). Witnesses whose depositions are taken and the persons taking the same are severally entitled to the same fees as are paid for like services in the courts of this state. [1971 c.729 �41; 1975 c.147 �20; 1989 c.980 �18]

�� 663.290 Place of service of court process. All process of any court to which application may be made under this chapter may be served wherever the defendant or other person required to be served resides or may be found. [1971 c.729 �42]

�� 663.295 Governmental officers and agencies to furnish evidence related to board proceedings. All officers, departments and agencies of this state, when directed by the Governor, shall furnish the Employment Relations Board, upon its request, all records, papers and information in their possession relating to any matter before the board. [1971 c.729 �43]

�� 663.300 [Formerly 662.605; repealed by 1975 c.147 �21]

�� 663.305 [Formerly 662.615; repealed by 1975 c.147 �21]

�� 663.310 [Formerly 662.625; repealed by 1975 c.147 �21]

�� 663.315 [Formerly 662.635; repealed by 1975 c.147 �21]

�� 663.320 [Formerly 662.645; repealed by 1975 c.147 �21]

�� 663.325 [Formerly 662.655; repealed by 1975 c.147 �21]

CHAPTERS 664 TO 669

[Reserved for expansion]

ORS 67.005

67.005.

�� (d) When a noncomplying employer is a partnership, the partnership and its partners shall be jointly and severally liable for any civil penalties assessed by the director under this section and any claim costs incurred under ORS 656.054. As used in this paragraph, �partnership� has the meaning for that term provided in ORS 67.005.

�� (4) When an order assessing a civil penalty becomes final by operation of law or on appeal, unless the amount of penalty is paid within 10 days after the order becomes final, it constitutes a judgment and may be recorded with the county clerk in any county of this state. The clerk shall thereupon record the name of the person incurring the penalty and the amount of the penalty in the County Clerk Lien Record. The penalty provided in the order so recorded shall become a lien upon the title to any interest in property owned by the person against whom the order is entered, and execution may be issued upon the order in the same manner as execution upon a judgment of a court of record.

�� (5) Civil penalties, and judgments entered thereon, due to the director under this section from any person shall be deemed preferred to all general claims in all bankruptcy proceedings, trustee proceedings, and proceedings for the administration of estates and receiverships involving the person liable therefor or the property of such person.

�� (6) All moneys collected under this section shall be paid into the Workers� Benefit Fund. [1973 c.447 �4; 1977 c.73 �1; 1983 c.696 �23; 1995 c.332 �65; 1995 c.641 �12; 1995 c.689 �37; 1997 c.775 �91; 2003 c.170 �8]

�� 656.740 Review of proposed order declaring noncomplying employer or nonsubjectivity determination; review of proposed assessment or civil penalty; insurer as party; hearing. (1) A person may contest a proposed order of the Director of the Department of Consumer and Business Services declaring that person to be a noncomplying employer, or a proposed assessment of civil penalty, by filing with the Department of Consumer and Business Services, within 60 days after the mailing of the order, a written request for a hearing. Such a request need not be in any particular form, but shall specify the grounds upon which the person contests the proposed order or assessment. An order by the director under this subsection is prima facie correct and the burden is upon the employer to prove that the order is incorrect.

�� (2) A person may contest a nonsubjectivity determination of the director by filing a written request for hearing with the department within 60 days after the mailing of the determination.

�� (3) When any insurance carrier, including the State Accident Insurance Fund Corporation, is alleged by an employer to have contracted to provide the employer with workers� compensation coverage for the period in question, the Workers� Compensation Board shall join such insurance carrier as a necessary party to any hearing relating to such employer�s alleged noncompliance or to any hearing relating to a nonsubjectivity determination and shall serve the carrier, at least 30 days prior to such hearing, with notice thereof.

�� (4) A hearing relating to a nonsubjectivity determination, to a proposed order declaring a person to be a noncomplying employer, or to a proposed assessment of civil penalty under ORS 656.735, shall be held by an Administrative Law Judge of the board�s Hearings Division. However, a hearing shall not be granted unless a request for hearing is filed within the period specified in subsection (1) or (2) of this section, and if a request for hearing is not so filed, the nonsubjectivity determination, order or penalty, as proposed, shall be a final order of the department and shall not be subject to review by any agency or court.

�� (5) Notwithstanding ORS 183.315 (1), the issuance of nonsubjectivity determinations, orders declaring a person to be a noncomplying employer or the assessment of civil penalties pursuant to this chapter, the conduct of hearings and the judicial review thereof shall be as provided in ORS chapter 183, except that:

�� (a) The order of an Administrative Law Judge in a contested case shall be deemed to be a final order of the director.

�� (b) The director shall have the same right to judicial review of the order of an Administrative Law Judge as any person who is adversely affected or aggrieved by such final order.

�� (c) When a nonsubjectivity determination or an order declaring a person to be a noncomplying employer is contested at the same hearing as a matter concerning a claim pursuant to ORS 656.283 and 656.704, the review thereof shall be as provided for a matter concerning a claim.

�� (6)(a) If a person against whom an order is issued pursuant to this section prevails at hearing or on appeal, the person is entitled to reasonable attorney fees to be paid by the director from the Workers� Benefit Fund.

�� (b) If a person against whom an order is issued is found to be a noncomplying employer by the director, but the person proves coverage pursuant to subsection (3) of this section and the insurer failed to file timely proof of coverage as required by ORS 656.419 or improperly canceled the person�s coverage, the employer is entitled to reasonable attorney fees paid by the insurer.

�� (c) If a worker prevails at hearing or on appeal from a nonsubjectivity determination, the worker is entitled to reasonable attorney fees to be paid by the director from the Workers� Benefit Fund and reimbursed by the employer. [1973 c.447 �5; 1975 c.341 �1; 1975 c.759 �19; 1977 c.804 �31; 1979 c.839 �22; 1983 c.816 �14; 1987 c.234 �3; 1995 c.332 �65a; 1995 c.641 �13; 1999 c.246 �1; 1999 c.1020 �2; 2003 c.170 �9; 2007 c.241 �19]

�� 656.745 Civil penalty for inducing failure to report claims; limits on penalty amounts; failure to pay assessments; failure to comply with statutes, rules or orders; amount; procedure. (1)(a) The Director of the Department of Consumer and Business Services shall assess a civil penalty against an employer or insurer that intentionally or repeatedly induces claimants for compensation to fail to report accidental injuries, causes employees to collect accidental injury claims as off-the-job injury claims, persuades claimants to accept less than the compensation due or makes it necessary for claimants to resort to proceedings against the employer to secure compensation due.

�� (b) The director may not assess under this subsection more than $2,000 for each violation or more than $40,000 in the aggregate for violations during a calendar year. Each violation, or each day during which a violation continues, constitutes a separate violation.

�� (2)(a) The director may assess a civil penalty against an employer, self-insured employer, insurer, managed care organization or service company that:

�� (A) Fails to pay assessments or other payments due to the director under this chapter and is in default; or

�� (B) Fails to comply with statutes, rules or orders of the director regarding reports or other requirements necessary to carry out the purposes of this chapter.

�� (b) The director may not assess under this subsection a civil penalty against a self-insured employer, insurer or service company that exceeds $4,000 for each violation or $180,000 in the aggregate for violations during a calendar year. Each violation, or each day during which a violation continues, constitutes a separate violation.

�� (c) The director may not assess under this subsection a civil penalty against an employer, except a self-insured employer, or managed care organization that exceeds $2,000 for each violation or $40,000 in the aggregate for violations during a calendar year. Each violation, or each day during which a violation continues, constitutes a separate violation.

�� (3) Except as specified in ORS 656.780, the director may assess a penalty under subsection (2) of this section against a service company only for claims processing performance deficiencies revealed in annual audits associated with claims processing performance. The director may assess only one penalty for each separate violation by an employer, insurer or service company for deficiencies revealed in annual audits associated with claims processing performance.

�� (4) ORS 656.735 (4) to (6) and 656.740 also apply to orders and penalties assessed under this section. [1975 c.556 �38; 1979 c.839 �31; 1987 c.233 �2; 1987 c.884 �46; 2003 c.170 �13; 2005 c.221 �3; 2007 c.270 �9; 2015 c.194 �1; 2019 c.7 �1]

�� 656.750 [1975 c.585 �9; 1983 c.696 �24; 1987 c.233 �3; 1987 c.884 �60; 1991 c.640 �3; 2003 c.170 �14; repealed by 2021 c.21 �4]

(State Accident Insurance Fund Corporation)

�� 656.751 State Accident Insurance Fund Corporation created; board; members� qualifications; terms; compensation; expenses; function; report. (1) The State Accident Insurance Fund Corporation is created as an independent public corporation. The corporation shall be governed by a board of five directors appointed by the Governor. Two members shall be chosen to represent the public. Of the remaining three members, a board member must be insured by the State Accident Insurance Fund Corporation at the time of appointment and for one year prior to appointment, or an employee of such an employer. Members of the board are subject to confirmation by the Senate pursuant to section 4, Article III of the Oregon Constitution.

�� (2) No member of the board of directors shall have any pecuniary interest, other than an incidental interest which is disclosed and made a matter of public record at the time of appointment to the board, in any corporation or other business entity doing business in the workers� compensation insurance industry.

�� (3) The term of office of a member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

�� (4) A member of the board of directors is entitled to compensation and expenses as provided in ORS 292.495.

�� (5) The board of directors shall select one of its members as chairperson and another as vice chairperson, for such terms and with such duties and powers as the board of directors considers necessary for performance of the functions of those offices. A majority of the members of the board of directors constitutes a quorum for the transaction of business.

�� (6) The board of directors shall meet at least once every three months at a time and place determined by the board of directors. The board of directors shall meet at such other times and places specified by the call of the chairperson or of a majority of the members of the board of directors.

�� (7) It is the function of the board of directors to establish the policies for the operation of the State Accident Insurance Fund Corporation, consistent with all applicable provisions of law.

�� (8) The board shall file with the Legislative Assembly and the Governor, not later than April 15 of each year, a report covering the activities and operations of the State Accident Insurance Fund Corporation for the preceding year. [1979 c.829 �2; 1981 c.854 �51]

�� 656.752 State Accident Insurance Fund Corporation; purpose and functions. (1) The State Accident Insurance Fund Corporation is created for the purpose of transacting workers� compensation insurance and reinsurance business. The State Accident Insurance Fund Corporation also may insure an Oregon employer against any liability such employer may have on account of bodily injury to a worker of the employer arising out of and in the course of employment as fully as any private insurance carrier.

�� (2) The functions of the State Accident Insurance Fund Corporation shall be:

�� (a) To confer with and solicit employers and to determine, handle, audit and enforce collection of premiums, assessments and fees of insured employers insured with the State Accident Insurance Fund Corporation;

�� (b) To make insurance available to as many Oregon employers as inexpensively as may be consistent with the overall integrity of the Industrial Accident Fund, in accordance with ORS 656.634 and sound principles of insurance;

�� (c) To receive and handle and process the claims of workers and beneficiaries of workers injured in the employ of insured employers insured with the State Accident Insurance Fund Corporation; and

�� (d) To perform all other functions which the laws of this state specifically authorize or which are necessary or appropriate to carry out the functions expressly authorized.

�� (3) The State Accident Insurance Fund Corporation in its name may sue and be sued.

�� (4) The State Accident Insurance Fund Corporation may authorize self-insured employers or other insurers to use any physical rehabilitation center operated by the State Accident Insurance Fund Corporation on such terms as the State Accident Insurance Fund Corporation deems reasonable.

�� (5) The State Accident Insurance Fund Corporation in its own name, may acquire, lease, rent, own and manage real property. It may construct, equip and furnish buildings or other structures as are necessary to accommodate its needs. It may purchase, rent, lease or otherwise acquire for its use all supplies, materials, equipment and services necessary to carry out its functions. It may sell or otherwise dispose of any property acquired under this subsection.

�� (6) Any real property acquired and owned by the State Accident Insurance Fund Corporation under this section shall be subject to ad valorem taxation.

�� (7) The State Accident Insurance Fund Corporation may furnish advice, services and excess workers� compensation and employer liability insurance to any employer qualified as a self-insured employer under the provisions of ORS 656.407, on such terms and conditions as the State Accident Insurance Fund Corporation deems reasonable.

�� (8) With the approval of the Director of the Department of Consumer and Business Services, the State Accident Insurance Fund Corporation may provide reinsurance coverage to Oregon employers on such terms and conditions as the State Accident Insurance Fund Corporation deems reasonable.

�� (9) The State Accident Insurance Fund Corporation may contract with the Oregon Department of Administrative Services to provide claim management services for claims filed under ORS 655.505 to 655.555 by adults in custody of institutions of the Department of Corrections. [1965 c.285 �55; 1965 c.564 �7; 1967 c.253 �1; 1969 c.247 �2; 1971 c.262 �1; 1977 c.659 �3; 1979 c.815 �10; 1979 c.829 �5a; 1981 c.854 �52; 1981 c.876 �7; 1990 c.1 �3; 2007 c.326 �1; 2019 c.213 �150]

�� 656.753 State Accident Insurance Fund Corporation exempt from certain financial administration laws; contracts with state agencies for services. (1) Except as otherwise provided by law, the provisions of ORS 279.835 to 279.855 and 283.085 to 283.092 and ORS chapters 240, 276, 279A, 279B, 279C, 282, 283, 291, 292 and 293 do not apply to the State Accident Insurance Fund Corporation.

�� (2) In carrying out the duties, functions and powers imposed by law upon the State Accident Insurance Fund Corporation, the board of directors or the manager of the State Accident Insurance Fund Corporation may contract with any state agency for the performance of such duties, functions and powers as the corporation considers appropriate.

�� (3) Notwithstanding subsection (1) or (2) of this section, ORS 293.240 except for appeals pursuant to ORS 737.318, ORS 293.260, 293.262 and 293.505 (2) shall apply to the directors, manager, assistants and accounts of the State Accident Insurance Fund Corporation and any subsidiary corporation formed or acquired by the State Accident Insurance Fund Corporation.

�� (4) Notwithstanding subsection (1) or (2) of this section, ORS 243.305, 279A.100 and 659A.012 apply to the directors, manager and employees of the State Accident Insurance Fund Corporation. [1979 c.829 �4; 1981 c.876 �8; subsection (3) enacted as 1983 c.412 �2; subsection (4) enacted as 1983 c.808 �4; 1987 c.884 �5; 2003 c.794 �310; 2012 c.107 �67]

�� 656.754 Manager; appointment; functions. (1) The State Accident Insurance Fund Corporation is under the direct supervision of a manager appointed by the board of directors of the State Accident Insurance Fund Corporation. The manager serves at the pleasure of the board of directors. The manager shall qualify in the manner provided for board members in ORS 656.716 except that no bond shall be required.

�� (2) The manager has such powers as are necessary to carry out the functions of the State Accident Insurance Fund Corporation, subject to policy direction by the board of directors.

�� (3) The manager may employ, terminate and supervise the employment of such assistants, experts, field personnel and clerks as may be required in the administration of the State Accident Insurance Fund Corporation. [1965 c.285 �56; 1973 c.792 �29; 1979 c.829 �6]

�� 656.756 [1965 c.285 �56a; repealed by 1967 c.7 �40]

�� 656.758 Inspection of books, records and payrolls; statement of employment data; civil penalty for misrepresentation; failure to submit books for inspection and refusal to keep correct payroll. (1) The books, records and payrolls of any employer pertinent to the administration of this chapter shall always be open to inspection by the State Accident Insurance Fund Corporation or its agent for the purpose of ascertaining the correctness of the payroll, the persons employed, and such other information as may be necessary in the administration of said statutes.

�� (2) Every employer subject to this chapter shall keep a true and accurate record of the number of workers and the wages paid by the employer, the occupations at which and the number of days or parts of days any of the workers are employed, and shall furnish to the State Accident Insurance Fund Corporation, upon request, a sworn statement of the same.

�� (3) Any employer who willfully misrepresents to the State Accident Insurance Fund Corporation the amount of the payroll upon which the amount of premium is based shall be liable to the State Accident Insurance Fund Corporation in a sum equal to 10 times the amount of the difference between the amount of such premium computed according to the representation thereof by such employer and the amount for which the employer is liable under this chapter according to a correct computation of the payroll. Such liability shall be enforced in a civil action in the name of the State Accident Insurance Fund Corporation and any amount so collected shall become a part of the Industrial Accident Fund.

�� (4) Failure on the part of the employer to submit such books, records and payrolls for inspection to any member of the State Accident Insurance Fund Corporation or any of its representatives presenting written authority from the State Accident Insurance Fund Corporation, or a refusal on the part of an employer to keep a payroll in accordance with this section, when demanded by the State Accident Insurance Fund Corporation, subjects the offending employer to a penalty of $100 for each offense, to be collected by a civil action in the name of the State Accident Insurance Fund Corporation and paid into the Industrial Accident Fund. [Amended by 1981 c.854 �53]

�� 656.760 [1983 c.412 �3; renumbered 656.776 in 2001]

�� 656.772 Annual audit of State Accident Insurance Fund Corporation by Secretary of State; scope of review; report of audit. (1)(a) The Secretary of State shall conduct an annual audit of the State Accident Insurance Fund Corporation and the Industrial Accident Fund pursuant to ORS 297.210. As part of this audit, the Secretary of State shall contract with a firm qualified to perform an independent actuarial review.

�� (b) The firm conducting the review required by paragraph (a) of this subsection shall be familiar with the accounting standards applicable to the reserves under review, shall meet all appropriate standards of practice established by the Casualty Actuarial Society, shall employ a staff that includes no fewer than three people who have attained fellowship in the Casualty Actuarial Society and shall maintain limits of errors and omission insurance as prescribed by the Secretary of State.

�� (c) The Secretary of State shall determine the scope of the review required by paragraph (a) of this subsection, which shall include, but is not limited to:

�� (A) A review of the sources and uses of the moneys in the Industrial Accident Fund;

�� (B) A reconciliation of changes in actuarial assumptions and reserve values from the prior year;

�� (C) An examination of the development of claim reserve inadequacies or redundancies over time;

�� (D) An assessment of the future financial viability of the Industrial Accident Fund; and

�� (E) An evaluation of losses and loss adjustment expense reserves discounted by a rate determined by the Director of the Department of Consumer and Business Services that is consistent with discount rates generally applied by insurers authorized to underwrite workers� compensation insurance in Oregon.

�� (d) The State Accident Insurance Fund Corporation shall cooperate with the actuarial firm in all respects and shall permit the firm full access to all information the firm deems necessary for a true and complete review. Information provided to the actuarial firm conducting the annual review is subject to the same limitations on public inspections as required for the records of the State Accident Insurance Fund Corporation.

�� (e) The audit required by paragraph (a) of this subsection shall be conducted using both generally accepted accounting principles and the statutory accounting principles published by the National Association of Insurance Commissioners.

�� (f) The cost of the audit required by paragraph (a) of this subsection shall be paid by the State Accident Insurance Fund Corporation.

�� (2) The Secretary of State shall issue an annual report to the Governor, the President of the Senate and the Speaker of the House of Representatives on the results of the audit and review. The audit and the report of the review performed by the independent actuarial firm shall be available for public inspection, in accordance with the Secretary of State�s established rules and procedures governing public disclosure of audit documents. [2001 c.724 �1]

�� Note: 656.772 and 656.774 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 656 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 656.774 Annual report by State Accident Insurance Fund Corporation to Secretary of State; contents. The board of directors of the State Accident Insurance Fund Corporation shall report to the Secretary of State by March 15 of each year:

�� (1) The total amount of assets in the Industrial Accident Fund as of December 31 of the prior year;

�� (2) The reserves and surplus that are actuarially necessary according to recognized insurance principles as described in ORS 656.634 (2) and statutory accounting principles published by the National Association of Insurance Commissioners, excluding any allowance for undeclared dividends;

�� (3) Any funds in addition to those described in subsection (2) of this section; and

�� (4) The total amount of investment gain generated by the Industrial Accident Fund during the prior year ending on December 31. [2001 c.724 �2]

�� Note: See note under 656.772.

�� 656.776 Notice to Secretary of State regarding action on audit report. Not later than the 90th day after the Secretary of State completes and delivers to the appropriate authority an audit under ORS 297.210, the State Accident Insurance Fund Corporation or any subsidiary corporation formed or acquired by the State Accident Insurance Fund Corporation shall notify the Secretary of State in writing of the measures taken and proposed to be taken, if any, to respond to the recommendations of the audit report. The Secretary of State may extend the 90-day period for good cause. [Formerly 656.760]

(Claims Examiner Certification)

�� 656.780 Certification and training of claims examiners; records of certification and training of examiners; department inspection of records; penalties; rules. (1) The Director of the Department of Consumer and Business Services shall:

�� (a) Adopt by rule standards for certification of workers� compensation claims examiners that shall be administered by workers� compensation insurers, self-insured employers and service companies; and

�� (b) Develop or approve any training curriculum used by insurers, self-insured employers and service companies that is related to interactions with independent medical examination providers required under ORS 656.325.

�� (2)(a) Each insurer, self-insured employer and service company shall maintain records of the certification and training of their workers� compensation claims examiners. These records are subject to inspection and review by the director.

�� (b) The director may impose a civil penalty against any insurer, self-insured employer or service company that fails to:

�� (A) Maintain or produce certification and training records as required by the rules of the director; or

�� (B) Provide training based on a curriculum approved by the director related to interactions with independent medical examination providers required under ORS 656.325.

�� (3) Insurers, self-insured employers and service companies may employ only certified workers� compensation claims examiners to process workers� compensation claims. The director may impose a civil penalty against any insurer, self-insured employer or service company that violates this subsection. [1990 c.2 �52; 1999 c.418 �1; 2005 c.675 �3; 2015 c.194 �2]

(Advisory Committees)

�� 656.790 Workers� Compensation Management-Labor Advisory Committee; membership; duties; expenses. (1)(a) The Governor shall appoint a Workers� Compensation Management-Labor Advisory Committee composed of 10 appointed members.

�� (b) Five members from organized labor shall represent subject workers and five members shall represent subject employers.

�� (c) In addition to the appointed members, the Director of the Department of Consumer and Business Services shall serve ex officio as a member of the committee.

�� (d) The appointment of members of the committee is subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565.

�� (2)(a) The director may recommend areas of the law that the director desires to have studied or the committee may study such aspects of the law as the committee shall determine require their consideration.

�� (b) The committee shall biennially review the standards for evaluation of permanent disability adopted under ORS 656.726 and shall recommend to the director factors to be included or such other modification of application of the standards as the committee considers appropriate.

�� (c) The committee shall biennially review and make recommendations about permanent partial disability benefits.

�� (d) The committee shall review and consider reports, findings and analysis made public by the National Institute for Occupational Safety and Health that are related to cancers associated with nonvolunteer firefighters as set forth in ORS 656.802 (5).

�� (e) The committee shall advise the director regarding any proposed changes in the operation of programs funded by the Workers� Benefit Fund and shall review any plan the Department of Consumer and Business Services devises to increase the balance of the fund to meet the requirement set forth in ORS 656.506 (5).

�� (f) The committee shall report the committee�s findings to the director for such action as the director deems appropriate.

�� (3) The committee shall report to the Legislative Assembly such findings and recommendations as the committee considers appropriate, including a report on the following matters:

�� (a) Decisions of the Supreme Court and Court of Appeals that have significant impact on the workers� compensation system.

�� (b) Adequacy of workers� compensation benefits.

�� (c) Medical and legal system costs.

�� (d) Adequacy of assessments for reserve programs and administrative costs.

�� (e) The operation of programs funded by the Workers� Benefit Fund.

�� (4)(a) The members of the committee are appointed for a term of three years and shall serve without compensation, but are entitled to travel expenses.

�� (b) The committee may hire, subject to approval of the director, such experts as the committee may require to discharge the committee�s duties.

�� (c) All expenses of the committee must be paid out of the Consumer and Business Services Fund. [1969 c.448 �2; 1975 c.556 �49; 1977 c.804 �32; 1990 c.2 �41; 1995 c.332 �55b; 1995 c.641 �25; 2007 c.274 �7; 2017 c.63 �1; 2019 c.494 �2; 2022 c.8 �2]

�� 656.792 [1965 c.285 �29; 1969 c.314 �69; repealed by 1969 c.448 �3]

�� 656.794 Advisory committee on medical care; rules. There shall be created an advisory committee on medical care. This committee shall consist of members appointed by and serving at the pleasure of the Director of the Department of Consumer and Business Services to advise the director on matters relating to the provision of medical care to workers. The director by rule shall determine the composition of the committee. Membership of the committee shall include representatives of the types of health care providers that are most representative of health care providers providing medical care services to injured workers. The committee shall also include one representative of insurers, one representative of employers, one representative of workers, one representative of managed care organizations and other persons as the director may determine are necessary to carry out the purpose of the committee. Members of the committee shall be paid travel and other necessary expenses for service as a member. Such payments shall be made from the Consumer and Business Services Fund. [1965 c.285 �27; 1981 c.535 �46; 1981 c.854 �54; 1987 c.884 �26; 1999 c.879 �1]

INFORMATIONAL MATERIALS ABOUT WORKERS� COMPENSATION SYSTEM

�� 656.795 Informational materials for nurse practitioners. The Director of the Department of Consumer and Business Services shall develop and make available to nurse practitioners informational materials about the workers� compensation system, including, but not limited to, the management of indemnity claims, standards for authorization of temporary disability benefits, return to work responsibilities and programs, and general workers� compensation rules and procedures for medical service providers. [2003 c.811 �29]

�� Note: 656.795 to 656.798 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 656 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 656.796 [1981 c.535 �50; repealed by 1997 c.82 �11]

�� 656.797 Certification by nurse practitioner of review of required materials. On or after October 1, 2004, a nurse practitioner licensed under ORS 678.375 to 678.390, prior to providing compensable medical services or authorizing temporary disability benefits under ORS 656.245, must certify in a form acceptable to the Director of the Department of Consumer and Business Services that the nurse practitioner has reviewed the materials developed under ORS 656.795. [2003 c.811 �30]

�� Note: See note under 656.795.

�� 656.798 Duty of insurer, self-insured employer and self-insured employer group to provide information to director. Every workers� compensation insurer, self-insured employer and self-insured employer group shall provide to the Director of the Department of Consumer and Business Services all information requested by the director for the purpose of assessing the impact of ORS 656.795 and 656.797 and the amendments to ORS

ORS 67.265

67.265; or

�� (C) The partner�s right to compel a dissolution and winding up of the partnership business under ORS 67.290 or enforce any other right under ORS 67.290 to 67.315; or

�� (c) Enforce the rights and otherwise protect the interests of the partner, including rights and interests arising independently of the partnership relationship.

�� (4) The accrual of and any time limitation on a right of action for a remedy under this section is governed by other law. A right to an accounting upon a dissolution and winding up does not revive a claim barred by law. [1997 c.775 �21]

�� 67.165 Continuation of partnership beyond definite term or particular undertaking. (1) If a partnership for a definite term or particular undertaking is continued without an express agreement after the expiration of the term or completion of the undertaking, the rights and duties of the partners remain the same as they were at the expiration or completion so far as is consistent with a partnership at will.

�� (2) If the partners, or those of them who habitually acted in the business during the term or undertaking, continue the business without any settlement or liquidation of the partnership and all partners have notice of such continuation, there is a rebuttable presumption that the partners have agreed that the partnership will continue. [1997 c.775 �22]

(Transferees and Creditors of Partner)

�� 67.190 Partner not co-owner of partnership property. A partner is not a co-owner of partnership property and has no interest in partnership property that can be transferred either voluntarily or involuntarily. [1997 c.775 �23]

�� 67.195 Partner�s transferable interest in partnership. The only transferable interest of a partner in the partnership is the partner�s share of the profits and losses of the partnership and the partner�s right to receive distributions. The interest is personal property. [1997 c.775 �24]

�� 67.200 Transfer of whole or part of partner�s transferable interest. (1) A transfer, in whole or in part, of a partner�s transferable interest in the partnership:

�� (a) Is permissible;

�� (b) Does not by itself cause the partner�s dissociation or a dissolution and winding up of the partnership business; and

�� (c) Does not, as against the other partners or the partnership, entitle the transferee, during the continuance of the partnership, to participate in the management or conduct of the partnership business, to require access to information concerning partnership transactions or to inspect or copy the partnership books or records.

�� (2) A transferee of a partner�s transferable interest in the partnership has a right:

�� (a) To receive, in accordance with the transfer, distributions to which the transferor would otherwise be entitled;

�� (b) To receive upon the dissolution and winding up of the partnership business, in accordance with the transfer, the net amount otherwise distributable to the transferor; and

�� (c) To seek under ORS 67.290 (6) a judicial determination that it is equitable to wind up the partnership business.

�� (3) In a dissolution and winding up, a transferee is entitled to an account of partnership transactions only from the date of the latest account agreed to by all the partners.

�� (4) Upon transfer, the transferor retains the rights and duties of a partner other than the transferred interest in profits and losses of the partnership and the right to receive distributions.

�� (5) A partnership need not give effect to a transferee�s rights under this section until it has notice of the transfer. Upon request, a transferee must furnish to the partnership reasonable proof of the transfer.

�� (6) A transfer of a partner�s transferable interest in the partnership in violation of a restriction on transfer contained in the partnership agreement is ineffective as to a person having notice of the restriction at the time of transfer. [1997 c.775 �25]

�� 67.205 Partner�s transferable interest subject to charging order. (1) On application by a judgment creditor of a partner or of a partner�s transferee, a court having jurisdiction may charge the transferable interest of the judgment debtor to satisfy the judgment. The court may appoint a receiver of the share of the distributions due or to become due to the judgment debtor in respect of the partnership and make all other orders, directions, accounts and inquiries the judgment debtor might have made or that the circumstances of the case may require.

�� (2) A charging order constitutes a lien on the judgment debtor�s transferable interest in the partnership. The court may order a foreclosure of the interest subject to the charging order at any time. The purchaser at the foreclosure sale has the rights of a transferee.

�� (3) At any time before foreclosure, an interest charged may be redeemed:

�� (a) By the judgment debtor;

�� (b) With property other than partnership property, by one or more of the other partners; or

�� (c) With partnership property, by one or more of the other partners with the consent of all the partners whose interests are not so charged.

�� (4) This chapter does not deprive a partner of a right under exemption laws with respect to the partner�s interest in the partnership.

�� (5) This section provides the exclusive remedy by which a judgment creditor of a partner or partner�s transferee may satisfy a judgment out of the judgment debtor�s transferable interest in the partnership. [1997 c.775 �26]

(Partner�s Dissociation)

�� 67.220 Events causing partner�s dissociation. A partner is dissociated from a partnership upon the occurrence of any of the following events:

�� (1) The partnership�s having notice of the partner�s express will to withdraw as a partner or on a later date specified by the partner;

�� (2) An event agreed to in the partnership agreement as causing the partner�s dissociation;

�� (3) The partner�s expulsion pursuant to the partnership agreement;

�� (4) The partner�s expulsion by the unanimous vote of the other partners if:

�� (a) It is unlawful to carry on the partnership business with that partner;

�� (b) There has been a transfer of all or substantially all of that partner�s transferable interest in the partnership, other than a transfer for security purposes that has not been foreclosed or a court order charging the partner�s interest that has not been foreclosed;

�� (c) Within 90 days after the partnership notifies a corporation that is a partner that it will be expelled because it has filed articles of dissolution or the equivalent, has been administratively dissolved or has had its right to conduct business suspended by the jurisdiction of its incorporation, there is no revocation of the articles of dissolution or the administrative dissolution or no reinstatement of its right to conduct business;

�� (d) Within 90 days after the partnership notifies a limited liability company that is a partner that it will be expelled because it has filed articles of dissolution or the equivalent, has been administratively dissolved or has had its right to conduct business suspended by the jurisdiction of its organization, there is no revocation of the articles of dissolution or the administrative dissolution or no reinstatement of its right to conduct business;

�� (e) Within 90 days after the partnership notifies a limited partnership that is a partner that it will be expelled because it has filed a certificate of cancellation or the equivalent, has been administratively inactivated or has had its right to conduct business suspended by the jurisdiction of its organization, there is no revocation of the certificate of cancellation or the administrative inactivation or no reinstatement of its right to conduct business; or

�� (f) A partnership that is a partner has been dissolved and its business is being wound up;

�� (5) On application by the partnership or another partner, the partner�s expulsion by judicial determination because:

�� (a) The partner engaged in wrongful conduct that adversely and materially affected the partnership business;

�� (b) The partner willfully or persistently committed a material breach of the partnership agreement or of a duty owed to the partnership or the other partners under ORS

ORS 67.603

67.603, and has not registered or qualified in any other jurisdiction other than as a foreign limited liability partnership.

�� (7) �Partnership� means an association of two or more persons to carry on as co-owners a business for profit created under ORS 67.055, predecessor law, or comparable law of another jurisdiction. A partnership includes a limited liability partnership.

�� (8) �Partnership agreement� means the agreement, whether written, oral or implied, among the partners concerning the partnership, including amendments to the partnership agreement.

�� (9) �Partnership at will� means a partnership in which the partners have not agreed to remain partners until the expiration of a definite term or the completion of a particular undertaking.

�� (10) �Partnership interest� or �partner�s interest in the partnership� means all of a partner�s interests in the partnership, including the partner�s transferable interest and all management and other rights.

�� (11) �Person� means an individual, corporation, business trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, instrumentality or any other legal or commercial entity.

�� (12) �Professional� means:

�� (a) Accountants licensed under ORS 673.010 to 673.465 or the laws of another state;

�� (b) Architects registered under ORS 671.010 to 671.220 or licensed or registered under the laws of another state;

�� (c) Attorneys licensed under ORS 9.005 to 9.757 or the laws of another state;

�� (d) Chiropractors licensed under ORS chapter 684 or the laws of another state;

�� (e) Dentists licensed under ORS chapter 679 or the laws of another state;

�� (f) Landscape architects licensed under ORS 671.310 to 671.459 or the laws of another state;

�� (g) Naturopaths licensed under ORS chapter 685 or the laws of another state;

�� (h) Nurse practitioners licensed under ORS 678.010 to 678.415 or the laws of another state;

�� (i) Psychologists licensed under ORS 675.010 to 675.150 or the laws of another state;

�� (j) Physicians licensed under ORS chapter 677 or the laws of another state;

�� (k) Medical imaging licensees under ORS 688.405 to 688.605 or the laws of another state;

�� (L) Real estate appraisers licensed under ORS chapter 674 or the laws of another state; and

�� (m) Other persons providing to the public types of personal service or services substantially similar to those listed in paragraphs (a) to (L) of this subsection that may be lawfully rendered only pursuant to a license.

�� (13) �Professional service� means the service rendered by a professional.

�� (14) �Property� means all property, real, personal or mixed, tangible or intangible, or any interest therein.

�� (15) �State� means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any territory or insular possession subject to the jurisdiction of the United States.

�� (16) �Transfer� includes an assignment, conveyance, lease, mortgage, deed, encumbrance, creation of a security interest and any other disposition.

�� (17) �Transferable interest of a partner in the partnership� means the partner�s share of the profits and losses of the partnership and the partner�s right to receive distributions. [1997 c.775 �1; 2003 c.14 �25; 2009 c.294 �8; 2009 c.833 �28; 2013 c.129 �22; 2013 c.196 �18]

�� 67.010 [1997 c.775 �2; renumbered 67.040 in 2013]

(Filing Documents)

�� 67.011 Filing requirements. (1)(a) For the Secretary of State to file a document under this chapter, the document must:

�� (A) Satisfy the requirements set forth in this section and any other requirements in this chapter that supplement or modify the requirements set forth in this section.

�� (B) Be a type of document that this chapter or another law requires or permits a person to file with the Secretary of State.

�� (C) Include the information this chapter requires.

�� (D) Be legibly written in the English language and in the alphabet used to write the English language, except as provided in subsection (3) of this section.

�� (E) Be delivered to the Secretary of State along with required fees. Delivery occurs only when the Secretary of State actually receives the document.

�� (b) The document may include:

�� (A) Information other than the information required under paragraph (a) of this subsection;

�� (B) Arabic or Roman numerals and incidental punctuation; or

�� (C) An acknowledgement, verification or proof.

�� (2)(a) A person that executes a document for filing under this section must be:

�� (A) A partner;

�� (B) A receiver, trustee or other court-appointed fiduciary, if the partnership or limited liability partnership is subject to the control of the receiver, trustee or fiduciary; or

�� (C) An agent of a person identified in this paragraph, if the person authorizes the agent to execute the document.

�� (b) The person that executes the document shall state beneath or opposite the person�s signature the person�s name and the capacity in which the person signs.

�� (3)(a) If the Secretary of State has prescribed a mandatory form for a document, including an electronic form, the document must be in or on the prescribed form.

�� 67.014 Filing, service, copying and certification fees. The Secretary of State shall collect the fees described in ORS 56.140 for each document delivered for filing under this chapter and for process served on the secretary under this chapter. The secretary may collect the fees described in ORS 56.140 for copying any public record under this chapter, certifying the copy or certifying to other facts of record under this chapter. [Formerly 67.525]

�� 67.015 [1997 c.775 �3; renumbered 67.042 in 2013]

�� 67.017 Effective time and date of document. (1) Except as provided in subsection (2) of this section, a document accepted for filing is effective on the date it is filed by the Secretary of State and at the time, if any, specified in the document as its effective time or at 12:01 a.m. on that date if no effective time is specified.

�� (2) If a document specifies a delayed effective time and date, the document becomes effective at the time and date specified. If a document specifies a delayed effective date but no time, the document becomes effective at 12:01 a.m. on that date. A delayed effective date for a document may not be later than the 90th day after the date it is filed. [Formerly 67.530]

�� 67.020 [1997 c.775 �4; renumbered 67.044 in 2013]

�� 67.021 Filing duty of Secretary of State. (1) If a document delivered to the office of the Secretary of State for filing satisfies the requirements of ORS 67.011, the Secretary of State shall file it.

�� (2) The Secretary of State files a document by indicating thereon that it has been filed by the Secretary of State and the date of filing. After filing a document, the Secretary of State shall return an acknowledgment of filing to the limited liability partnership or foreign limited liability partnership or its representative.

�� (3) If the Secretary of State refuses to file a document, the Secretary of State shall return it to the limited liability partnership or foreign limited liability partnership or its representative within 10 business days after the document was delivered together with a brief written explanation of the reason for the refusal.

�� (4) The duty of the Secretary of State to file documents under this section is ministerial. The Secretary of State is not required to verify or inquire into the legality or truth of any matter included in any document delivered to the office of the Secretary of State for filing. The filing of or refusal to file a document by the Secretary of State does not:

�� (a) Affect the validity or invalidity of the document in whole or part; or

�� (b) Relate to the correctness or incorrectness of information contained in the document.

�� (5) The refusal by the Secretary of State to file a document does not create a presumption that the document is invalid or that information contained in the document is incorrect. [Formerly 67.535]

�� 67.024 Appeal from actions of Secretary of State. (1) If the Secretary of State refuses to file a document delivered to the office of the Secretary of State for filing, the limited liability partnership or foreign limited liability partnership, in addition to any other legal remedy that may be available, shall have the right to appeal from the order pursuant to ORS chapter 183.

�� (2) If the Secretary of State revokes the registration of a limited liability partnership or revokes the authorization of a foreign limited liability partnership, the limited liability partnership or foreign limited liability partnership, in addition to any other legal remedy that may be available, shall have the right to appeal from the order pursuant to ORS chapter 183. [Formerly 67.540]

�� 67.025 [1997 c.775 �5; renumbered 67.046 in 2013]

�� 67.027 Evidentiary effect of copy of filed document. (1) A certificate attached to a copy of a document filed by the Secretary of State, bearing the Secretary of State�s signature, which may be in facsimile, is conclusive evidence that the document or a facsimile thereof is on file with the office of the Secretary of State.

�� (2) The provisions of ORS 56.110 shall apply to all documents filed pursuant to this chapter. [Formerly 67.545]

�� 67.030 Certificate of existence or authorization. (1) Anyone may apply to the Secretary of State to furnish a certificate of existence for a limited liability partnership or a certificate of authorization for a foreign limited liability partnership.

�� (2) A certificate of existence or authorization when issued means that:

�� (a) The name of the limited liability partnership or the foreign limited liability partnership is registered in this state;

�� (b) The limited liability partnership is duly registered under the laws of this state or the foreign limited liability partnership is authorized to transact business in this state;

�� (c) All fees payable to the Secretary of State under this chapter have been paid, if nonpayment affects the existence or authorization of the limited liability partnership or foreign limited liability partnership;

�� (d) An annual report required by ORS 67.645 has been filed by the Secretary of State within the preceding 14 months; and

�� (e) A cancellation notice under ORS 67.606 or a withdrawal notice under ORS 67.740 has not been filed by the Secretary of State.

�� (3) Subject to any qualification stated in the certificate, a certificate of existence or authorization issued by the Secretary of State may be relied upon as conclusive evidence that the limited liability partnership or foreign limited liability partnership is registered or is authorized to transact business in this state. [Formerly

ORS 670.280

670.280. A certified copy of the record of conviction is conclusive evidence of conviction.

�� (5) The board may refuse to issue a license to or renew a license of an applicant who has been disciplined by a state licensing or regulatory agency of this or another state regarding any health care profession when, in the judgment of the board, the acts or conduct resulting in the disciplinary action bears a demonstrable relationship to the ability of the licensee or applicant to practice dental hygiene in accordance with the provisions of ORS 680.010 to 680.205. A certified copy of the record of the disciplinary action is conclusive evidence of the disciplinary action.

�� (6) The board may refuse to issue a license to or renew a license of an applicant who has falsified a license application, or any person for any cause described under ORS 679.140 or 679.170.

�� (7) Fees paid are not refundable. [Amended by 1963 c.266 �5; 1967 c.90 �1; 1973 c.122 �2; 1983 c.169 �21; 1985 c.323 �16; 1995 c.199 �5; 2003 c.83 �9]

�� 680.060 Examination; acceptable results. (1) The Oregon Board of Dentistry may administer written, laboratory or clinical examinations to test professional knowledge and skills.

�� (2) The examination must be sufficiently thorough to test the fitness of the applicant to practice dental hygiene. The examination must include, written in the English language, questions on any subjects pertaining to dental hygiene.

�� (3) If a test or examination was taken within five years of the date of application and the applicant received a passing score on the test or examination, as established by the board by rule, the board:

�� (a) To satisfy the written examination authorized under this section, may accept the results of national standardized examinations.

�� (b) To satisfy the clinical or laboratory examination authorized under this section:

�� (A) Shall accept the results of regional and national testing agencies or clinical board examinations administered by other states; and

�� (B) May accept the results of board-recognized testing agencies.

�� (4) The board may accept results of board-recognized testing agencies and shall accept the results of regional and national testing agencies or of clinical board examinations administered by other states in satisfaction of the examinations authorized under this section for applicants who have engaged in the active practice of dental hygiene in Oregon, other states, the Armed Forces of the United States, the United States Public Health Service or the United States Department of Veterans Affairs for a period of at least 3,500 hours in the five years immediately preceding application and who meet all other requirements for licensure. [Amended by 1963 c.266 �6; 1983 c.169 �22; 2001 c.193 �2; 2003 c.83 �10; 2005 c.229 �2; 2009 c.582 �2; 2019 c.467 �2]

�� 680.070 Additional requirements for certain applicants; rules. The Oregon Board of Dentistry may adopt rules requiring additional education and examination of applicants who have failed the licensing examination three times. [Amended by 1963 c.266 �7; 1967 c.90 �2; 1971 c.34 �3; 1977 c.444 �4; 1979 c.526 �2; 1981 c.232 �3; 1983 c.169 �23; 2003 c.83 �11]

�� 680.072 Issuing license. The Oregon Board of Dentistry shall, upon the applicant�s satisfactory completion of the educational requirements and written, laboratory and clinical examinations authorized under ORS 680.060 and upon receipt of the requisite fees, issue or renew the appropriate dental hygiene license. [1983 c.169 �26]

�� 680.075 Fees; waiver; reinstatement of inactive status license; notice of change of address. (1) The Oregon Board of Dentistry may impose application fees for the following:

�� (a) Examinations;

�� (b) Biennial dental hygiene license, active;

�� (c) Biennial dental hygiene license, inactive;

�� (d) Permits and certificates; and

�� (e) Delinquency.

�� (2) Subject to prior approval of the Oregon Department of Administrative Services, the fees and charges established under this section and ORS chapter 679 shall not exceed the costs of administering the regulatory program of the board as authorized by the Legislative Assembly within the board budget, as the budget may be modified by the Emergency Board.

�� (3)(a) The Oregon Board of Dentistry may waive the payment of the license fee in the case of any licensee who furnishes satisfactory evidence that the licensee has discontinued the actual practice of dental hygiene because of retirement.

�� (b) Application to reinstate a license retired under paragraph (a) of this subsection or to convert an inactive status license to an active status license shall be made in accordance with the rules of the board and with the submission of the license fee prescribed for such license; provided, however, that if more than one year has expired since the license was retired or inactivated, satisfactory evidence of clinical competence must be submitted to the board.

�� (4) Every dental hygienist shall advise the board within 30 days of any change of address.

�� (5) Each dental hygienist must renew the hygienist�s license every two years through submitting a renewal application and paying the license fee.

�� (6) Dental hygienists licensed in even-numbered years must renew by September 30 of each even-numbered year. Dental hygienists licensed in odd-numbered years must renew by September 30 of each odd-numbered year.

�� (7) A reasonable charge may be made in the event that the license fee or renewal application is more than 10 days delinquent.

�� (8) Fees paid are not refundable. [1983 c.169 �25; 1985 c.323 �17; 1989 c.338 �9; 1991 c.703 �26; 2023 c.602 �24]

�� 680.080 [Amended by 1963 c.266 �8; 1973 c.122 �3; 1975 c.323 �3; 1979 c.526 �3; 1983 c.169 �27; 1991 c.67 �183; repealed by 1999 c.578 �6]

�� 680.082 Licensure of dental hygiene instructor; rules. (1) Notwithstanding any other provision of ORS 680.010 to 680.205, the Oregon Board of Dentistry shall issue a dental hygiene instructor�s license to any person who:

�� (a) Is or will be a full-time instructor of dental hygiene engaged in the practice of dental hygiene, including but not limited to participation in a faculty practice plan within the scope of the applicant�s employment at Oregon Health and Science University;

�� (b) Is a graduate of a dental hygiene program accredited by the Commission on Dental Accreditation of the American Dental Association or its successor agency, if any; and

�� (c) Is licensed to practice dental hygiene in another state or a Canadian province.

�� (2) The board shall by rule establish standards, procedures and fees for the issuance, suspension, revocation and renewal of a dental hygiene instructor�s license.

�� (3) The board may refuse to issue or renew a dental hygiene instructor�s license to an applicant or licensee:

�� (a) Who has been convicted of an offense or disciplined by a dental licensing body in a manner that bears, in the judgment of the board, a demonstrable relationship to the ability of the applicant or licensee to practice dental hygiene in accordance with the provisions of ORS 680.010 to 680.205;

�� (b) Who has falsified an application for licensure; or

�� (c) For cause as described under ORS 679.140 or 679.170.

�� (4) A person issued a dental hygiene instructor�s license is restricted to the practice of dental hygiene for or on behalf of Oregon Health and Science University.

�� (5) An applicant who receives a dental hygiene instructor�s license is subject to the professional ethics, standards and discipline of ORS 680.010 to 680.205. [2001 c.193 �4; 2013 c.413 �2]

�� Note: 680.082 was added to and made a part of 680.010 to 680.205 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 680.090 [Repealed by 1983 c.169 �34]

�� 680.100 Discipline of dental hygienist; grounds; method; procedure. (1) The Oregon Board of Dentistry may discipline any dental hygienist for any of the causes for which a dentist may be disciplined under ORS 679.140 and may impose any or all of the methods of discipline, modify such methods and reinstate dental hygiene licenses as provided in ORS 679.140 for dentists.

�� (2) The provisions of ORS 679.160 and 679.250 apply to proceedings by the board for the revocation or suspension of or refusal to renew a license issued pursuant to ORS 680.010 to 680.205. [Amended by 1963 c.266 �9; 1975 c.323 �4; 1977 c.745 �52; 1983 c.169 �28; 1983 c. 338 �963; 1999 c.578 �5]

�� 680.110 Disposition of receipts. All moneys paid by applicants to the Oregon Board of Dentistry as examination and licensing fees under ORS 680.010 to 680.205 shall be used for the same purposes and accounted for by the board in the same manner as moneys obtained as fees from applicants for license to practice dentistry in Oregon.

�� 680.150 Employment of dental hygienist; supervision; rules. (1) Any dentist may employ a dental hygienist who may engage in the practice of dental hygiene in the office of such dentist under the general supervision of a dentist.

�� (2) Any public institution, health care facility or health maintenance organization, as those terms are defined in ORS 442.015, may employ a dental hygienist who may engage in the practice of dental hygiene under the general supervision of a dentist.

�� (3) A dental hygienist under the general supervision of a dentist may engage in the practice of dental hygiene in any place where limited access patients are located.

�� (4) The Oregon Board of Dentistry may adopt rules specifying other locations where dental hygienists may work and shall specify in its rules the degree of supervision a dentist must exercise over the procedures the hygienist performs.

�� (5) Notwithstanding ORS 679.010 (3), supervision by a dentist is not required when a dental hygienist determines the need for and appropriateness of sealants or fluoride, and applies sealants or fluoride at the locations and for persons described in ORS 680.205 (1). [Amended by 1963 c.266 �10; 1973 c.122 �4; 1979 c.526 �4; 1985 c.323 �9; 1991 c.476 �1; 2007 c.379 �4; 2011 c.716 �6]

�� 680.160 [Amended by 1973 c.122 �5; 1975 c.323 �5; 1979 c.526 �5; repealed by 1991 c.476 �2]

(Miscellaneous)

�� 680.165 Monitoring performance; information available to monitor; confidentiality; liability. (1) The Oregon Board of Dentistry may appoint a consultant or a committee or committees, each consisting of one or more licensed dental hygienists in this state, to study and report to the board the condition of and dental hygiene treatment rendered to any person or persons by any licensed dental hygienist in this state, or by any person purporting to practice dental hygiene in this state. Any person, hospital, sanitarium, professional grievance committee, nursing or rest home or other organization may, subject to the laws governing privileged or confidential communications, provide information, interviews, reports, statements, memoranda or other data relating to the condition and treatment of any person, to any such consultant, committee or the board, to be used in the course of any study for the purpose of improving the standards of dental hygiene practice, or to enable the board to assess the desirability of disciplinary action relating thereto. No liability of any kind or character for damages or other relief shall arise or be enforced against any such person or organization by reason of having provided such information or material, or arise or be enforced against any consultant or member of such committee by reason of having released or published the findings and conclusions of such consultants or committees to advance dental hygiene science and dental hygiene education, or by reason of having released or published generally a summary of such studies. Testimony given to and the proceedings, reports, statements, opinions, findings and conclusions of such consultants and committees and the board shall be confidential but this shall not preclude the use of the subpoena power with respect to the actual records of dentists, dental hygienists, patients, hospitals, sanitaria, nursing or rest homes.

�� (2) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any consultant or member of a duly appointed committee for any act or proceeding undertaken or performed within the scope of the functions of any such consultant or committee, if such consultant or committee member acts without malice, has made a reasonable effort to obtain the facts of the matter as to which the member acts, and acts in a reasonable belief that the action taken is warranted by the facts known after such reasonable effort to obtain the facts. [1985 c.323 �19]

�� 680.170 [Repealed by 2001 c.11 �1]

�� 680.172 Oral health screening by dental hygienists and dental assistants. Oral health screenings may be performed by dental hygienists and dental assistants under written training and screening protocols adopted by the Oregon Board of Dentistry. Screening results must be provided to individuals screened or to the parents or guardians of minors needing a dental referral for diagnosis. Screening results are not a diagnosis for purposes of ORS chapter 679 or ORS 680.010 to 680.205. [2003 c.310 �5]

(Expanded Practice Dental Hygienists)

�� 680.200 Issuing expanded practice permit; requirements. (1) Upon application accompanied by the fee established by the Oregon Board of Dentistry, the board shall grant a permit to practice as an expanded practice dental hygienist to an applicant who:

�� (a) Holds a valid, unrestricted Oregon dental hygiene license;

�� (b) Presents proof of current professional liability insurance coverage;

�� (c) Presents documentation satisfactory to the board of successful completion of an emergency life support course for health professionals, including cardiopulmonary resuscitation, from an agency or educational institution approved by the board; and

�� (d) Presents documentation satisfactory to the board that the applicant has:

�� (A)(i) Completed 2,500 hours of supervised dental hygiene practice; and

�� (ii) After licensure as a dental hygienist, completed 40 hours of courses, chosen by the applicant, in clinical dental hygiene or public health sponsored by continuing education providers approved by the board; or

�� (B) Completed a course of study approved by the board that includes at least 500 hours of dental hygiene practice, completed before or after graduation from a dental hygiene program, on patients described in ORS 680.205 while under the indirect supervision of a member of the faculty of a dental program or dental hygiene program accredited by the Commission on Dental Accreditation of the American Dental Association or its successor agency.

�� (2) A permit issued pursuant to subsection (1) of this section expires two years following the date of issuance unless renewed on or before that date by:

�� (a) Payment of the renewal fee as set by the board;

�� (b) Submission to the board of satisfactory evidence of completion of at least 36 hours of continuing education;

�� (c) Presentation to the board of proof of professional liability insurance coverage; and

�� (d) Completion of a survey developed by the board that measures the success of the expanded practice dental hygienist program against baseline data.

�� (3) The board may refuse to issue or renew an expanded practice dental hygienist permit or may suspend or revoke the permit of an expanded practice dental hygienist who has been convicted of an offense or been disciplined by a dental licensing body in a manner that bears, in the judgment of the board, a demonstrable relationship to the ability of the applicant to practice expanded practice dental hygiene in accordance with the provisions of this chapter or ORS chapter 679, or who has falsified an application for permit, or any person for any cause described under ORS 679.140 or 679.170. [1997 c.251 �2; 2003 c.310 �3; 2007 c.379 �2; 2009 c.582 �3; 2011 c.716 �7; 2017 c.342 �3]

�� 680.205 Services rendered under permit. (1) An expanded practice dental hygienist may render all services within the scope of practice of dental hygiene, as defined in ORS 679.010, without the supervision of a dentist and as authorized by the expanded practice dental hygienist permit to:

�� (a) Patients or residents of the following facilities or programs who, due to age, infirmity or disability, are unable to receive regular dental hygiene treatment:

�� (A) Nursing homes as defined in ORS 678.710;

�� (B) Adult foster homes as defined in ORS 443.705;

�� (C) Residential care facilities as defined in ORS 443.400;

�� (D) Adult congregate living facilities as defined in ORS 441.525;

�� (E) Mental health residential programs administered by the Oregon Health Authority;

�� (F) Facilities for persons with mental illness, as those terms are defined in ORS 426.005;

�� (G) Facilities for persons with developmental disabilities, as those terms are defined in ORS

ORS 670.600

670.600, 671.560 or 671.565, the landscape contracting business may not file a lien, file a claim with the State Landscape Contractors Board or bring or maintain in any court of this state a suit or action for compensation for the performance of any work or for the breach of any contract for work that is subject to ORS 671.510 to 671.760 and 671.997. [1991 c.533 �7; 2007 c.541 �21]

�� 671.578 Suit for damages for misrepresentation; attorney fees. If any person suffered costs or damages as a result of an individual providing a false or invalid State Landscape Contractors Board number or otherwise misleading a person with respect to licensing with the board, that person may bring suit in a court of competent jurisdiction to recover damages. The court may award reasonable attorney fees to the prevailing party in an action under this section. [1991 c.533 �8; 1995 c.618 �119]

�� 671.580 Landscape construction professional license not transferable. A landscape construction professional license issued pursuant to ORS 671.560 is a personal privilege and is not transferable. [1971 c.764 �8; 1983 c.452 �9; 2007 c.541 �22]

�� 671.590 Reciprocal landscape construction professional licensing. The State Landscape Contractors Board may license without examination any person who is a landscape construction professional licensed, certified or registered under the laws of another state, territory of the United States, the District of Columbia or another country where the requirements on the date the applicant was licensed, certified or registered were substantially equal to the requirements for licensing of landscape construction professionals in this state on the date of application by the person. [1971 c.764 �9; 1973 c.832 �30; 1975 c.757 �6; 1979 c.840 �5; 1983 c.452 �10; 2007 c.541 �23]

�� 671.595 Coursework and examination requirements for noncontractor owners and managing employees; notice of duty changes; rules. (1) As used in this section:

�� (a) �Managing employee� means a person who, at the time of an application for the issuance or renewal of a landscape contracting business license:

�� (A) Is employed in landscaping work only by the applicant; and

�� (B) Manages or shares in the management of the applicant, as defined by the State Landscape Contractors Board by rule.

�� (b) �Owner� means a person who at the time of an application for the issuance or renewal of a landscape contracting business license:

�� (A) Has an ownership interest in the applicant; and

�� (B) Manages or shares in the management of the applicant, as defined by the board by rule.

�� (2) If an applicant for a landscape contracting business license does not have at least one owner or managing employee who is licensed as a landscape construction professional under ORS 671.560, the applicant shall provide the board with proof that an owner or managing employee has completed required courses described in subsection (4) of this section and passed an examination on the subject of those courses.

�� (3) The board may adopt rules to require a landscape contracting business and any owner or managing employee to provide the board with notice of any change in the employment or duties of the owner or managing employee.

�� (4) The board shall adopt rules establishing required courses for an owner or managing employee who seeks to qualify the business for a landscape contracting business license, but who is not licensed as a landscape construction professional. The courses required by the board shall be designed to educate the owner or managing employee regarding business practices and Oregon laws affecting landscape contracting businesses. The board may not require an owner or managing employee to take a total of more than 16 hours of instruction.

�� (5) When adopting rules to carry out subsection (4) of this section, the board shall consider the availability of courses in the regions of this state. The board shall encourage course providers to use the most up-to-date technology to make courses widely available.

�� (6) A course provider may submit information regarding course materials, examinations and instructor qualifications to the board for approval. The board shall approve courses if the course materials, examinations and instructors meet board requirements. The board shall periodically review approved courses to ensure continuing compliance with board requirements. The board shall develop and make available a list of providers that offer courses that will enable an owner or managing employee to comply with the requirements of subsection (2) of this section. [2007 c.249 �2; 2009 c.11 �84]

�� 671.600 New landscape contracting business license required upon change of ownership; notification of change of address. (1) A new landscape contracting business license shall be required whenever there is a change in ownership, irrespective of whether the business name is changed. As used in this subsection, �change in ownership� does not include a change in the holders of corporate stock.

�� (2) If a licensee moves to another location, relicensing is not required but the licensee must notify the State Landscape Contractors Board promptly of the new address. [1971 c.764 �10; 1973 c.832 �31; 1987 c.461 �1; 2007 c.541 �24]

�� 671.603 Persons required to give notification of change of address; communications delivered to last-known address. (1) A landscape construction professional or person operating as a landscape contracting business shall notify the State Landscape Contractors Board of a change of address for the professional or business that occurs while the professional or business is licensed by the board or within one year after a license expires. The landscape construction professional or landscape contracting business shall ensure that the board receives notice of the change of address no later than the 30th day after the change of address occurs.

�� (2) Initial notice of a contested case or arbitration directed by the board to the last-known address of record for a landscape construction professional or landscape contracting business is considered delivered to the professional or business when deposited in the United States mail and sent registered, certified or post office receipt secured. Any other communication directed by the board to the last-known address of record for a landscape construction professional or landscape contracting business is considered delivered to the professional or business when deposited in the United States mail, regular mail. [2001 c.409 �14; 2005 c.609 �13; 2007 c.541 �25; 2015 c.672 �10]

�� 671.605 Effect of change in partners or corporate owners; fee. A partnership or corporation licensed as a landscape contracting business shall notify the State Landscape Contractors Board immediately upon any change in partners or corporate owners or in the percentage of an ownership interest in the landscape contracting business. Upon a change in partners, a licensed partnership immediately shall apply for a new license and pay to the board the fee required by ORS 671.650 for an original license. [1983 c.452 �11; 2007 c.541 �26]

�� 671.607 License refusal or suspension for landscape contracting business debt; rules. (1) As used in this section:

�� (a) �Landscape contracting business debt� means an amount owed under:

�� (A) A final order or arbitration award issued under ORS 671.703; or

�� (B) A judgment or civil penalty arising from landscape contracting business activities in any state.

�� (b) �Landscape contracting business license� means a license issued within the United States to engage in a landscape contracting business.

�� (c) �Officer� means any of the following persons:

�� (A) A president, vice president, secretary, treasurer or director of a corporation.

�� (B) A general partner in a limited partnership.

�� (C) A manager in a manager-managed limited liability company.

�� (D) A member of a member-managed limited liability company.

�� (E) A trustee.

�� (F) A person qualifying as an officer under board rules. The definition of officer adopted by board rule may include persons not listed in this paragraph who may exercise substantial control over a business.

�� (d) �Owner� means a sole proprietor of, general partner in or holder of a controlling interest in a business, or a person defined as an owner by board rule.

�� (2) The board shall adopt rules defining an owner for purposes of subsection (1) of this section. The rules may not define an owner in a manner that includes an investor who has no right to manage a business, including but not limited to:

�� (a) A person who is solely a minority shareholder in a corporation;

�� (b) A member of a manager-managed limited liability company; or

�� (c) A limited partner in a limited partnership who does not participate in the control of the business of the limited partnership.

�� (3) The board may suspend or refuse to issue a landscape contracting business license if:

�� (a) The business owes a landscape contracting business debt or has had a landscape contracting business license revoked;

�� (b) An owner or officer of the landscape contracting business owes a landscape contracting business debt or has had a landscape contracting business license revoked; or

�� (c) An owner or officer of the landscape contracting business was an owner or officer of another business at the time the other business incurred a landscape contracting business debt that is owing or at the time of an event that resulted in the revocation of the other business�s landscape contracting business license.

�� (4) The board may hold the suspension or refusal of a license under subsection (3) of this section in abeyance if the person owing a landscape contracting business debt is adhering to a board-approved plan for restitution of the amount owed. [2005 c.609 �7; 2007 c.149 �4; 2007 c.541 �27]

�� 671.610 Grounds for sanctions against licensee; suspension or refusal of license without prior hearing; hearing; effect of revocation; civil penalty; rules. (1) In addition to any civil penalty assessed under ORS 671.997, the State Landscape Contractors Board may suspend, revoke or refuse to issue or renew the license of a landscape construction professional or landscape contracting business that does any of the following:

�� (a) Obtains or attempts to obtain a license under ORS 671.510 to 671.760 by fraud or material misrepresentation.

�� (b) Makes a material misrepresentation about the quality of any material or service the person provides.

�� (c) Performs defective work.

�� (d) Furnishes defective materials.

�� (e) Makes misleading statements when advertising services or materials.

�� (f) Violates a provision of ORS 671.510 to 671.760.

�� (g) Fails to have a replacement bond, letter of credit or deposit on file at the time of a termination, cancellation, reduction or withdrawal of the bond, letter of credit or deposit required by ORS 671.690.

�� (h) Fails to maintain public liability, personal injury and property damage insurance as required by ORS 671.565 throughout a licensing period.

�� (i) Fails to comply with ORS 671.527 or 671.562.

�� (j) Fails to provide evidence of workers� compensation coverage as described in ORS 671.565.

�� (k) Violates a voluntary compliance agreement entered into under ORS 336.184 and 646.605 to

ORS 670.605

670.605 in 1991]

�� 701.031 Evidence of doing business as contractor. (1) It is prima facie evidence that a person is doing business as a contractor if:

�� (a) The person for that person�s own use performs, employs others to perform, or for compensation and with the intent to sell the structure arranges to have performed, work described in ORS 701.005 (5); and

�� (b) Within any 36-month period the person offers for sale two or more newly built structures on which work described in paragraph (a) of this subsection was performed.

�� (2) Licensure under this chapter is prima facie evidence that the licensee conducts a separate, independent business. [2007 c.114 �3]

�� 701.035 Applicant required to be independent contractor to be eligible for license; classes of licenses. (1) An applicant must qualify as an independent contractor under ORS 670.600 to be eligible for a license with the Construction Contractors Board.

�� (2) The board shall establish two classes of independent contractor:

�� (a) The nonexempt class is composed of the following entities:

�� (A) Sole proprietorships, partnerships, corporations and limited liability companies:

�� (i) With one or more employees; or

�� (ii) That utilize one or more workers supplied by a worker leasing company.

�� (B) Partnerships, corporations and limited liability companies with more than two partners, corporate officers or members, if any of the partners, corporate officers or members are not part of the same family and related as parents, spouses, sisters, brothers, daughters or sons, daughters-in-law or sons-in-law or grandchildren.

�� (b) The exempt class is composed of all sole proprietorships, partnerships, corporations and limited liability companies that do not qualify as nonexempt.

�� (3) If a person who is licensed as exempt under subsection (2)(b) of this section hires one or more employees, utilizes one or more workers supplied by a worker leasing company or falls into any of the categories set out in subsection (2)(a)(B) of this section, the person is subject to penalties under ORS 701.992 for improper licensing. If a person who is licensed as exempt under subsection (2)(b) of this section hires one or more employees, or utilizes one or more workers supplied by a worker leasing company, the person is also subject to licensing sanctions under ORS 701.098. The person must reapply to the board in the correct class.

�� (4) The decision of the board that a person is an independent contractor applies only when the person is performing work of the nature described in ORS 701.021.

�� (5) A person that is within the exempt class described in subsection (2)(b) of this section and is licensed as a commercial contractor shall procure and maintain workers� compensation insurance as authorized by ORS 656.128. [1989 c.870 �4; 1995 c.216 �1; 1999 c.402 �13; 2007 c.836 �15; 2009 c.408 ��2,3; 2013 c.300 �10]

�� Note: The amendments to 701.035 by section 19, chapter 78, Oregon Laws 2025, become operative July 1, 2027. See section 23, chapter 78, Oregon Laws 2025. The text that is operative on and after July 1, 2027, is set forth for the user�s convenience.

�� 701.035. (1) An applicant must qualify as an independent contractor under ORS 670.600 to be eligible for a license with the Construction Contractors Board.

�� (2) The board shall establish two classes of independent contractor:

�� (a) The nonexempt class is composed of the following entities:

�� (A) Sole proprietorships, partnerships, corporations and limited liability companies:

�� (i) With one or more employees; or

�� (ii) That have a PEO relationship.

�� (b) The exempt class is composed of all sole proprietorships, partnerships, corporations and limited liability companies that do not qualify as nonexempt.

�� (3)(a) If a person who is licensed as exempt under subsection (2)(b) of this section hires one or more employees, enters into a PEO relationship or falls into any of the categories set out in subsection (2)(a)(B) of this section, the person is subject to penalties under ORS 701.992 for improper licensing.

�� (b) If a person who is licensed as exempt under subsection (2)(b) of this section hires one or more employees, or enters into a PEO relationship, the person is also subject to licensing sanctions under ORS 701.098.

�� (c) A person described in this subsection must reapply to the board in the correct class.

�� (4) The decision of the board that a person is an independent contractor applies only when the person is performing work of the nature described in ORS 701.021.

�� 701.038 Residential limited contractors. A residential limited contractor may not:

�� (1) Perform work as a contractor exceeding $40,000 in gross annual volume; or

�� (2) Enter into contracts to perform work as a contractor in excess of $5,000. [2007 c.836 �5]

�� 701.042 Residential or commercial developers. A residential or commercial developer:

�� (1) Shall act only in association with licensed general contractors, one or a combination of whom must have sole responsibility for overseeing all phases of construction activity on a property; and

�� (2) May not perform any construction work on a property. [2007 c.836 �6; 2007 c.836 �7]

�� 701.046 License application. (1) Except as provided in subsection (2) of this section, an applicant for a construction contractor license must submit the application on a form prescribed by the Construction Contractors Board. The application must include, but is not limited to, the following information:

�� (a) The endorsement being sought.

�� (b) A list of construction debts involving the applicant, or an owner or officer of the applicant, if the order, award, penalty or judgment that establishes the debt was issued within the preceding five years.

�� (c) For each person described in paragraphs (h), (i) and (j) of this subsection, a Social Security number.

�� (d) The applicant�s workers� compensation insurance account number, if the applicant is required to have workers� compensation insurance.

�� (e) The applicant�s unemployment insurance account number, if the applicant is required to have unemployment insurance.

�� (f) The applicant�s state withholding tax account number, if the applicant is required to withhold state income tax.

�� (g) The applicant�s federal employer identification number, if the applicant is required to have a federal employer identification number.

�� (h) The name and address of:

�� (A) Each of the applicant�s partners, if the applicant is a partnership, limited liability partnership or foreign limited liability partnership.

�� (B) The applicant�s general partner, if the applicant is a limited partnership.

�� (C) Each joint venturer, if the applicant is a joint venture.

�� (D) The applicant�s owner, if the applicant is a sole proprietorship.

�� (E) The applicant�s officers, if the applicant is a corporation.

�� (F) The applicant�s manager and each member, if the applicant is a manager-managed limited liability company.

�� (G) Each of the applicant�s members, if the applicant is a member-managed limited liability company.

�� (H) The responsible managing individual designated by the applicant.

�� (I) Each of the applicant�s trustees, if the applicant is a trust.

�� (i) The name and address of the following if the applicant is a partnership, limited liability partnership, foreign limited liability partnership, joint venture, manager-managed limited liability company or member-managed limited liability company:

�� (A) Each partner in a partnership, limited liability partnership or foreign limited liability partnership that is a partner, joint venturer or member of the applicant.

�� (B) Each general partner in a limited partnership that is a partner, joint venturer or member of the applicant.

�� (C) Each joint venturer in a joint venture that is a partner, joint venturer or member of the applicant.

�� (D) The manager and each member of a manager-managed limited liability company that is a partner, joint venturer or member of the applicant.

�� (E) Each member of a member-managed limited liability company that is a partner, joint venturer or member of the applicant.

�� (F) Each officer of a corporation that is a partner, joint venturer or member of the applicant.

�� (G) Each individual who has a controlling ownership interest in, or management authority over, the applicant and who meets criteria adopted by the board by rule.

�� (j) The name and address of the following if the applicant is a limited partnership:

�� (A) Each partner of any partnership, limited liability partnership or foreign limited liability partnership that is the general partner of the applicant.

�� (B) Each general partner of any limited partnership that is the general partner of the applicant.

�� (C) Each joint venturer in any joint venture that is the general partner of the applicant.

�� (D) The manager and each member of any manager-managed limited liability company that is the general partner of the applicant.

�� (E) Each member of any member-managed limited liability company that is the general partner of the applicant.

�� (F) Each officer of any corporation that is the general partner of the applicant.

�� (k) For each person described in paragraphs (h), (i) and (j) of this subsection, information as required by board rule regarding the following if related to construction activities:

�� (A) A final judgment against the person by a court in any state entered within five years preceding the application date that requires the person to pay money to another person or to a public body if the judgment remains unsatisfied on the application date.

�� (B) A final order against the person by an administrative agency in any state issued within five years preceding the application date that requires the person to pay money to another person or to a public body if the order remains unsatisfied on the application date.

�� (C) A court action against the person in any state pending on the application date that alleges the person owes money to another person or to a public body.

�� (D) An action by an administrative agency in any state pending on the application date that seeks an order that the person pay money to another person or to a public body.

�� (E) A conviction for a crime listed in ORS 701.098 (1)(L) entered within five years preceding the application date.

�� (F) An indictment for a crime listed in ORS 701.098 (1)(L) filed within five years preceding the application date.

�� (L) The basis on which the applicant meets the standards for independent contractor status under ORS 670.600.

�� (2) Subsection (1)(h), (i) and (j) of this section does not apply if the applicant is a company that offers securities registered with the United States Securities and Exchange Commission for sale to the general public.

�� (3) The application described in subsection (1) of this section must be accompanied by proof satisfactory to the board that the applicant:

�� (a) Is in compliance with ORS 701.091.

�� (b) Has the legal capacity to enter into contracts.

�� (4) Subsection (3)(a) of this section does not apply to an applicant for licensing with endorsement solely as a residential or commercial developer.

�� (5) An applicant shall conform to the information provided by the applicant on the application and to the terms of the application. [Formerly 701.075; 2009 c.11 ��90,91; 2009 c.226 �3; 2013 c.300 �1; 2023 c.277 �3]

�� 701.050 Commercial contractor key employees. (1) A commercial general contractor or commercial specialty contractor shall certify upon license application or renewal that the contractor has one or more key employees with the combined total amount of experience required under ORS

ORS 671.041

671.041, the board may bring an action to restrain the activity or proposed activity. An appropriate circuit court may issue an injunction without proof of actual damages, but the injunction does not relieve the defendant in the action from the imposition of a civil penalty for a violation of ORS 671.010 to

ORS 671.650

671.650; and

�� (d) Pass all sections of the examination described in ORS 671.570 within 12 months after first taking the examination.

�� (2) Two or more years after receiving a probationary landscape construction professional license, a probationary landscape construction professional may obtain removal from probationary status and issuance of a landscape construction professional license if the probationary landscape construction professional presents the board with proof that the probationary landscape construction professional has done any of the following:

�� (a) Completed at least 24 months of employment with a licensed landscape contracting business under the direct supervision of a landscape construction professional.

�� (b) Provided supervision described in ORS 671.540 (1)(q) or 671.565 (1)(b) for at least 24 months as the owner or employee of a licensed landscape contracting business that, during that period:

�� (A) Filed and maintained with the board a bond, letter of credit or deposit in the amount of $15,000; and

�� (B) Performed landscaping work only on landscaping projects where the amount charged by the landscape contracting business for work on the project during any 12-month period did not exceed $15,000.

�� (c) Actively operated for at least 24 months as a construction contractor licensed under ORS chapter 701.

�� (3) Except as provided in this section and ORS 671.560 and as the board may provide by rule, a probationary landscape construction professional licensed under this section is for all purposes a landscape construction professional licensed under ORS

ORS 671.995

671.995. The board shall consist of seven members to be appointed by the Governor. Four of the members shall be registered landscape architects, three shall be public members, and all shall be residents of this state. The chair of the board shall be elected by the board from among the current members.

�� (2) The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. [1981 c.536 �15; 1987 c.414 �44; 1993 c.744 �238; 1995 c.189 �11; 1997 c.643 �18; 1999 c.1084 �60; 2001 c.950 �21]

�� 671.460 [1961 c.431 ��17,19,20; repealed by 1963 c.580 �103]

�� 671.465 [1963 c.580 �29; repealed by 1971 c.753 �74]

�� 671.470 [1961 c.431 �22; repealed by 1963 c.580 �103]

�� 671.475 [1963 c.580 �30; repealed by 1971 c.753 �74]

�� 671.480 [1961 c.431 �23; 1967 c.637 �26; repealed by 1971 c.753 �74]

LANDSCAPE CONSTRUCTION PROFESSIONALS AND LANDSCAPE CONTRACTING BUSINESSES

(Generally)

�� 671.510 Short title. ORS 671.510 to 671.760 may be cited as the Landscape Contractors Law. [1971 c.764 �1; 1973 c.832 �25]

�� 671.520 Definitions for ORS 671.510 to 671.760. As used in ORS 671.510 to 671.760, unless the context requires otherwise:

�� (1) �Landscape construction professional� means an individual who for compensation or with the intent to be compensated performs or supervises activities requiring the art, ability, experience, knowledge, science and skill to:

�� (a) Plan or install lawns, shrubs, vines, trees or nursery stock;

�� (b) Prepare property on which lawns, shrubs, vines, trees or nursery stock is to be installed;

�� (c) Install, maintain or repair ornamental water features and landscape drainage systems;

�� (d) Maintain irrigation systems with the use of compressed air and as otherwise provided by the State Landscape Contractors Board by rule;

�� (e) Install or repair landscape irrigation systems as provided by the board by rule; or

�� (f) Plan, install, maintain or repair fences, decks, arbors, patios, landscape edging, driveways, walkways or retaining walls.

�� (2) �Landscape contracting business� means a business that for compensation or with the intent to be compensated arranges, submits a bid, or otherwise offers or contracts, for the performance of activities described in subsection (1) of this section.

�� (3) �Licensee� means a person that is licensed under ORS 671.510 to 671.760 as a landscape construction professional or landscape contracting business.

�� (4) �Nursery stock� means nursery stock:

�� (a) As defined by ORS 571.005 other than stock grown for commercial resale or reforestation; or

�� (b) As defined by the board by rule.

�� (5) �Ornamental water features� means fountains, ponds, waterfalls, man-made streams and other decorative water-related constructions as identified by the board by rule. [1971 c.764 �2; 1973 c.832 �26; 1975 c.757 �1; 1981 c.536 �22; 1983 c.452 �1; 1985 c.565 �91; 1987 c.414 �45; 1997 c.785 �1; 1999 c.32 �1; 2001 c.48 �1; 2005 c.609 �10; 2007 c.541 �11; 2009 c.483 �1; 2015 c.672 �6]

�� 671.522 Artificial turf. (1) As used in this section, �sports field� means one or more areas of a property that total more than 30,000 square feet of artificial turf and are designed to be used primarily for sport or other athletic activities.

�� (2) Notwithstanding ORS 701.005 and 701.021, except as provided in this section, a landscape contracting business may prepare a site for, install and repair artificial turf at an outdoor location. This section does not authorize a landscape contracting business to prepare a site for, install or repair artificial turf at a sports field. [2015 c.672 �2]

�� 671.524 Landscape irrigation systems. A landscape construction professional may prepare plans and drawings for a landscape irrigation system, including, but not limited to, plans and drawings that identify the positioning, number, type and model of pumps, piping, valves, sprinklers, nozzles emitters, filters, controllers and other components for the system, if the landscape construction professional:

�� (1) Holds a license issued by the State Landscape Contractors Board that authorizes the landscape construction professional to install irrigation systems; and

�� (2) Has any other specialized qualifications required by the board by rule. [2015 c.672 �5]

(Licensure)

�� 671.525 Applicant for landscape contracting business license required to be independent contractor; classes of licensees. (1) An applicant for a landscape contracting business license must qualify as an independent contractor, under ORS 670.600, to be licensed with the State Landscape Contractors Board.

�� (2) The board shall establish two classes of independent contractor licensees:

�� (a) The nonexempt class is composed of the following entities:

�� (A) Sole proprietorships, partnerships, corporations and limited liability companies with one or more employees; and

�� (B) Partnerships, corporations and limited liability companies with more than two partners, corporate officers or members if any of the partners, officers or members are not part of the same family and related as parents, spouses, siblings, children, grandchildren, sons-in-law or daughters-in-law.

�� (b) The exempt class is composed of all sole proprietorships, partnerships, corporations and limited liability companies that do not qualify as nonexempt.

�� (3) All partnerships, corporations and limited liability companies applying for a landscape contracting business license must have a federal tax identification number.

�� (4) If a licensee who qualifies under subsection (2)(b) of this section hires one or more employees, or falls into any of the categories set out in subsection (2)(a)(B) of this section, the licensee is subject to penalties under ORS 671.997 and must submit proof that the licensee qualifies under subsection (2)(a) of this section.

�� (5) The decision of the board that a licensee is an independent contractor applies only when the licensee is performing work:

�� (a) Of the nature described in ORS 671.520 and 671.530; or

�� (b) That falls within any of the following categories:

�� (A) Backflow assembly testing services that a landscape contracting business provides through employees who are certified under ORS 448.279;

�� (B) Installing, repairing or maintaining backflow assemblies for irrigation systems and ornamental water features in a manner that under ORS 447.060 exempts the landscape contracting business from a requirement to obtain a license under ORS

ORS 672.002

672.002 to 672.325. [2015 c.576 �8]

�� 672.200 Grounds for suspension or revocation of certificate or permit or refusal to issue, restore or renew certificate or permit; grounds for reprimand. The State Board of Examiners for Engineering and Land Surveying may suspend, revoke or refuse to issue, restore or renew a certificate or permit, or may reprimand an individual enrolled as an intern or holding a certificate or permit:

�� (1) For violating any provision of ORS 672.045;

�� (2) For gross negligence, negligence or incompetence in the practice of engineering, land surveying or photogrammetric mapping;

�� (3) Subject to ORS 670.280, for conviction of a felony;

�� (4) For conviction of a misdemeanor involving the practice of engineering, land surveying or photogrammetric mapping;

�� (5) For failing to pay a civil penalty or fee in the manner prescribed by a final order of the board, or for failing to meet any other term of a final order of the board; or

�� (6) For violating a rule of professional conduct prescribed by the board. [Amended by 1971 c.751 �21; 1981 c.143 �9; 1991 c.221 �3; 1995 c.33 �6; 2009 c.259 �15; 2013 c.169 �1]

�� 672.205 [1971 c.734 �111; 1981 c.143 �10; 1995 c.33 �7; 1997 c.210 �7; repealed by 2013 c.169 �3]

�� 672.210 Procedure for suspension or revocation of certificate, permit or enrollment; hearing; majority of board members required to take action; reinstatement. (1) Proceedings for the suspension or revocation of a certificate, an enrollment or a permit may be initiated by filing with the State Board of Examiners for Engineering and Land Surveying written charges against the accused. The charges may be preferred by any person, or by the board on its own motion.

�� (2) The board shall fix a time and place for a hearing on the charges and cause notice thereof with a copy of the charges to be delivered to the accused in person or mailed to the last-known address of the accused. The notice shall be so delivered or mailed at least 30 days before the date fixed for the hearing.

�� (3) At a hearing, the accused shall have the right to appear in person or by counsel, or both, to cross-examine witnesses and to produce evidence and witnesses in a defense. If the accused does not appear, the board may proceed to hear and determine the validity of the charges.

�� (4) After a hearing, the board may, if a majority of the members of the board agree, reprimand the accused, or suspend, refuse to renew or revoke the permit, enrollment or certificate of the accused.

�� (5) The power of the board to suspend a certificate, enrollment or permit includes the power to reinstate:

�� (a) At a time certain; or

�� (b) When the person subject to suspension fulfills conditions for reinstatement set by the board. [Amended by 1971 c.751 �22; 1979 c.681 �3; 1981 c.143 �11; 1995 c.33 �8]

�� 672.215 Proceedings to enjoin violations of ORS 672.002 to 672.325. If the State Board of Examiners for Engineering and Land Surveying decides that a person has engaged, or is about to engage, in any activity that is or will be a violation of ORS 672.002 to 672.325, the board may institute a proceedings in an appropriate circuit court to restrain the activity or proposed activity. An injunction may be issued without proof of actual damages but if issued, the defendant is not thereby relieved of any criminal liability. [1971 c.751 �23; 1981 c.143 �12]

�� 672.220 [Repealed by 1971 c.734 �21 and 1971 c.751 �39]

�� 672.230 [Repealed by 1971 c.751 �39]

(State Board)

�� 672.240 State Board of Examiners for Engineering and Land Surveying; appointment; qualifications; officers. (1) The State Board of Examiners for Engineering and Land Surveying shall operate as a semi-independent state agency subject to ORS 182.456 to 182.472 for the purpose of carrying out ORS 672.002 to 672.325. The board shall consist of 11 members appointed by the Governor as follows:

�� (a) Two members shall be members of the general public.

�� (b) Two members shall be registered professional land surveyors.

�� (c) Five members shall be registered professional engineers.

�� (d) One member shall be registered both as a professional engineer and as a professional land surveyor. However, if a qualified individual is not available, the Governor may appoint either a registered professional engineer or a registered professional land surveyor.

�� (e) One member shall be a registered photogrammetrist. However, if a qualified individual is not available, the Governor may appoint either a registered professional engineer or a registered professional land surveyor.

�� (2) The Governor shall appoint members to the board so that there is at least one member of the board from each congressional district in this state.

�� (3) Each engineer, land surveyor or photogrammetrist member of the board shall have been:

�� (a) A resident of this state for at least three years immediately preceding appointment; and

�� (b) Practicing as a registered professional engineer, registered professional land surveyor or registered photogrammetrist for at least five years since the date of the individual�s initial registration.

�� (4) The board shall elect biennially from among its members a president and vice president for the ensuing biennial term. [Amended by 1955 c.215 �1; 1963 c.580 �32; 1969 c.314 �75; 1971 c.751 �24; 1971 c.753 �28; subsection (3) enacted as 1971 c.751 �26(1); 1979 c.147 �1; 1981 c.143 �13; 1987 c.414 �47; 1997 c.210 �8; 1997 c.643 �21; 1999 c.1084 �61; 2009 c.259 �16; 2011 c.33 �1]

�� 672.250 Term; certificate of appointment; oath; removal; vacancies. (1) Upon the expiration of the term of any board member, the Governor shall appoint a person possessing the qualifications prescribed by ORS 672.240 as a member of the State Board of Examiners for Engineering and Land Surveying to serve for a term of four years from July 1.

�� (2) Every member of the board shall receive a certificate of appointment from the Governor and before beginning the term shall file with the Secretary of State the constitutional oath of office.

�� (3) The Governor:

�� (a) May remove any member of the board for misconduct, incapacity or neglect of duty.

�� (b) By appointment for the unexpired term, shall fill any vacancy caused by death, resignation or removal from office. [Amended by 1963 c.580 �33; 1971 c.751 �25; 1979 c.147 �2; 1981 c.143 �14]

�� 672.255 Rulemaking authority. (1) The State Board of Examiners for Engineering and Land Surveying shall adopt rules:

�� (a) Establishing fees as provided in ORS 672.155 and late-payment charges under ORS 672.170.

�� (b) Providing a procedure for the issuance, denial, suspension or revocation of certificates, enrollments and permits.

�� (c) Prescribing standards of professional conduct for professional engineers, professional land surveyors, photogrammetrists, engineering interns and land surveying interns.

�� (d) Specifying branches of engineering, land surveying and photogrammetric mapping in which examinations are offered.

�� (e) For registering individuals and issuing certificates of registration and temporary permits to individuals under ORS 672.002 to 672.325.

�� (f) Prescribing standards and intellectual, educational and technical qualifications for examination, registration and renewal in addition to the qualifications and conditions specified under ORS 672.002 to 672.325.

�� (g) Prescribing standards and guidelines for retired or inactive status of registrants, including provisions to allow the return to active status.

�� (h) Defining the scope of practice for individuals holding a certificate issued by the board to practice engineering, land surveying or photogrammetric mapping or a temporary permit issued by the board to perform engineering or photogrammetric mapping.

�� (2) In adopting rules under subsection (1)(c) to (h) of this section, the board shall give consideration to national practices as well as to local practices. Adoption of rules shall be in accordance with ORS chapter 183. [1971 c.751 �32; 1975 c.429 �12a; 1979 c.495 �4; 1981 c.556 �1; 1991 c.221 �5; 1995 c.68 ��1,12; 1997 c.210 �9; 2005 c.445 �10; 2009 c.259 �17; 2013 c.86 �11; 2015 c.576 �14]

�� 672.260 [Amended by 1971 c.751 �27; repealed by 1971 c.753 �74]

�� 672.265 [1971 c.751 �33; 1973 c.832 �37; repealed by 1975 c.429 �13]

�� 672.270 [Repealed by 1971 c.753 �74]

�� 672.280 [Repealed by 1971 c.751 �39]

�� 672.290 [Amended by 1971 c.751 �29; repealed by 1971 c.753 �74]

�� 672.300 Investigation of complaints. The State Board of Examiners for Engineering and Land Surveying shall carefully investigate any complaints or information relating to violations of ORS 672.002 to 672.325. [Amended by 1971 c.753 �29; 1981 c.143 �15]

�� 672.310 Investigation of identity of person claiming to be registered. The State Board of Examiners for Engineering and Land Surveying may inquire into the identity of any person claiming to be a registered professional engineer, registered professional land surveyor or photogrammetrist and, after due service of a notice in writing, require the person to prove to the satisfaction of the board that the person is the person authorized to practice engineering, land surveying or photogrammetric mapping under the certificate of registration by virtue of which the person claims to be authorized. When the board finds that a person making such a claim is not in fact the person to whom the certificate of registration was issued, the board shall reduce the findings to writing and file the findings in the office of the board. The findings are prima facie evidence that the person mentioned therein is falsely impersonating another of a like or different name. [Amended by 1971 c.751 �30; 2009 c.259 �18]

�� 672.320 [Amended by 1963 c.580 �34; 1971 c.751 �31; repealed by 1971 c.753 �74]

(Civil Penalties)

�� 672.325 Civil penalties. (1) In addition to any other penalty provided by law, any person who violates any provision of ORS 672.002 to 672.325 or any rule adopted thereunder shall forfeit and pay to the State Board of Examiners for Engineering and Land Surveying a civil penalty in an amount determined by the board of not more than $1,000 for each offense.

�� (2) Civil penalties under this section shall be imposed as provided in ORS 183.745.

�� (3) Notwithstanding ORS 670.335, civil penalties recovered under this section shall be deposited into an account established by the board as provided in ORS

ORS 673.655

673.655.

�� (2) At least 30 days before the annual renewal date, the board shall notify the licensee that the annual renewal application and fee are due.

�� (3) Any license that is not renewed within 15 days after the annual renewal date shall lapse.

�� (4) The board may restore any lapsed license upon payment to the board of all past unpaid renewal fees and a fee for restoration of a lapsed license that shall be provided under ORS 673.685 and upon proof of compliance with any continuing education requirements that may be adopted by the board by rule. [1973 c.387 �8; 1975 c.464 �12; 1977 c.873 �7; 1985 c.559 �6; 1999 c.411 �1; 2003 c.29 �1]

�� 673.650 [1973 c.387 �9; repealed by 1975 c.464 �26]

�� 673.651 [1975 c.464 �14; repealed by 1977 c.842 �21 and 1977 c.873 �26]

�� 673.655 Continuing education requirement; waiver. (1) Except as provided in subsection (2) of this section, upon annual renewal of a tax preparer�s or tax consultant�s license, each person licensed as a tax consultant or tax preparer under ORS 673.605 to

ORS 674.330

674.330 (1) or the fees provided for under ORS 674.330 (2).

�� (6) Failed or refused upon demand by the board to produce or to supply for inspection by the board true copies of any document, book or record in the individual�s possession or control or concerning real estate appraisal activity transacted by the individual.

�� (7) Failed to maintain at all times any records that the individual is required to maintain under ORS 674.150.

�� (8) Accepted employment or compensation for performing or agreeing to perform a real estate appraisal activity contingent upon the reporting of a predetermined value or performed real estate appraisal activity on real estate in which the individual had an undisclosed interest.

�� (9) Entered a plea of nolo contendere or been found guilty of, or been convicted of, a felony or misdemeanor substantially related to the individual�s trustworthiness or competence to engage in real estate appraisal activity.

�� (10) Knowingly authorized, directed or aided in the publication, advertisement, distribution or circulation of a material false statement or material misrepresentation concerning the individual�s business.

�� (11) Demonstrated negligence or incompetence in performing an act for which the individual is required to hold a certificate, license or registration.

�� (12) Knowingly permitted an individual whose certificate, license or registration has been suspended or revoked to engage in real estate appraisal activity with or on behalf of a state certified appraiser or state licensed appraiser.

�� (13) Committed an act or conduct, whether of the same or of a different character specified in this section and whether or not in the course of real estate appraisal activity, that:

�� (a) Constitutes or demonstrates bad faith, incompetency or untrustworthiness, or dishonest, fraudulent or improper dealings; and

�� (b) Is substantially related to the fitness of the applicant or holder of a certificate, license or registration to conduct real estate appraisal activity. [1991 c.5 �12; 2001 c.332 �1; 2003 c.749 �14; 2005 c.254 �4]

�� 674.145 Procedures to follow before instigating disciplinary proceedings; timing of proceedings; rules. (1) As used in this section, �objective basis� means a substantial objective basis for believing that, more likely than not, a violation of ORS 674.140 has occurred and a person subject to discipline under ORS 674.140 has committed the violation.

�� (2) Before disciplining a person under ORS 674.140, the Appraiser Certification and Licensure Board shall establish a subcommittee for the purpose of making a recommendation as to whether an objective basis exists to believe that the alleged violation occurred.

�� (3) To establish a subcommittee under this section, the board shall appoint to the subcommittee three members from among members of the board.

�� (4) A subcommittee shall review the facts of an alleged violation and, within 30 days of being established, make a recommendation described in subsection (2) of this section. If the subcommittee recommends that an objective basis exists, the subcommittee shall submit a report to the board describing the specific violation that occurred and the facts supporting the subcommittee�s recommendation.

�� (5) Except as provided in subsection (6) of this section, the board may commence disciplinary proceedings only after receiving a report under subsection (4) of this section.

�� (6) Upon a finding of serious danger to the public health or safety, the board may impose a form of discipline as allowed under ORS 183.430 (2) before receiving a report under subsection (4) of this section.

�� (7) The board may not commence disciplinary proceedings under ORS 674.140 after the later of:

�� (a) Five years after the date the real estate appraisal activity or other act giving rise to the disciplinary proceedings was completed or should have been completed; or

�� (b) The expiration of the time period specified in ORS 674.150 for the retention of the records for the appraisal or real estate appraisal activity giving rise to the disciplinary proceedings.

�� (8) The board shall adopt rules to implement this section. [2013 c.532 �2; 2019 c.114 �1]

�� Note: 674.145 was added to and made a part of ORS chapter 674 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 674.150 Maintenance of appraisal records. Every state certified appraiser and every state licensed appraiser shall maintain records of all real estate appraisal activity conducted by the appraiser. The records shall at all times be open for inspection by the Appraiser Certification and Licensure Board or its duly authorized representatives. The records shall be maintained by the appraiser for a period of not less than five years after the date of completion of the appraisal to which the record pertains or for a period of not less than two years after final disposition of a judicial proceeding in which testimony relating to the records was given, whichever period expires later. [1991 c.5 �17; 1995 c.234 �1; 2001 c.332 �2]

�� 674.160 Reciprocal agreements with other states; procedures. (1) If the administrator of the Appraiser Certification and Licensure Board determines that the standards, qualifications and examinations for licensing, certifying or registration of real estate appraisers of another state are substantially similar to the standards, qualifications and examinations required under this chapter and the rules adopted pursuant thereto, the administrator with approval of the Appraiser Certification and Licensure Board may enter into a reciprocal agreement with such other state to issue without examination licenses or certificates upon proof of licensing or certification in such other state and upon payment of appropriate fees.

�� (2) Reciprocal agreements may be terminated by the administrator with approval of the Appraiser Certification and Licensure Board upon a determination that the other state is not maintaining and enforcing standards, qualifications and examinations substantially similar to those of this state. [1993 c.465 �4]

�� 674.170 [1993 c.465 �5; repealed by 2005 c.730 �77]

APPRAISAL MANAGEMENT COMPANIES

�� 674.200 Definitions for ORS 674.200 to 674.250. As used in ORS 674.200 to 674.250:

�� (1) �Appraisal� means the process of developing an opinion of the value of real property in conformance with commonly accepted standards for appraisers.

�� (2)(a) �Appraisal management company� means an external third party that:

�� (A) Oversees an appraiser panel of more than 15 appraisers in Oregon or at least 25 appraisers in the United States; and

�� (B) Is authorized by a client to:

�� (i) Recruit, select and retain appraisers;

�� (ii) Contract with appraisers to perform appraisal assignments;

�� (iii) Manage the process of having an appraisal performed, including providing administrative duties such as receiving appraisal orders and appraisal reports, submitting completed appraisal reports to clients, collecting fees from clients for services provided and reimbursing appraisers for services performed; or

�� (iv) Review and verify the work of appraisers.

�� (b) �Appraisal management company� does not include an entity that employs real estate appraisers exclusively as employees for the performance of real estate appraisal activity.

�� (3) �Appraisal management services� means the process of receiving a request for the performance of real estate appraisal activity from a client and, for a fee paid by the client, entering into an agreement with an independent contractor appraiser to perform the real estate appraisal activity contained in the request.

�� (4)(a) �Appraisal review� means the act or process of developing and communicating an opinion about the quality of the substantive aspects of another appraiser�s work that was performed as part of an appraisal assignment.

�� (b) An �appraisal review� is not a quality control examination.

�� (5) �Appraisal Subcommittee� has the meaning given that term in ORS 674.010.

�� (6) �Appraiser� means a state certified appraiser or state licensed appraiser certified or licensed under ORS 674.310.

�� (7) �Appraiser panel� means a group of appraisers who have been selected by an appraisal management company to perform real estate appraisal activity for clients.

�� (8) �Client� means a person that engages an appraisal management company to perform appraisal management services.

�� (9) �Controlling person� means:

�� (a) An owner, officer or director of an appraisal management company;

�� (b) An individual authorized by an appraisal management company to enter into a contractual relationship with:

�� (A) A client for the performance of services requiring registration as an appraisal management company; and

�� (B) An appraiser for the performance of appraisals; or

�� (c) An individual who possesses, directly or indirectly, the power to direct the management or policies of an appraisal management company.

�� (10) �Independent contractor appraiser� means an appraiser who receives a fee for performing an appraisal, but who is not an employee of the person engaging the appraiser.

�� (11)(a) �Quality control examination� means an examination of an appraisal report for compliance and completeness in relation to client specifications, including examination for grammatical or typographical errors.

�� (b) A �quality control examination� is not an appraisal review.

�� (12) �Real estate appraisal activity� means the activity described in ORS 674.100.

�� (13) �Uniform Standards of Professional Appraisal Practice� means the current standards of the appraisal profession, developed for appraisers and users of appraisal services by the Appraisal Standards Board of the Appraisal Foundation. [2010 c.87 �1; 2011 c.447 �8; 2013 c.272 �1; 2021 c.313 �1]

�� Note: 674.200 to 674.250 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 674 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 674.205 Registration requirement; exceptions; list of registrants; renewal; rules. (1) A person may not directly or indirectly engage in or attempt to engage in business as an appraisal management company or advertise or represent that the entity is an appraisal management company unless the person is:

�� (a) Registered as an appraisal management company with the Appraiser Certification and Licensure Board; or

�� (b) An appraisal management company owned and controlled by an insured depository institution as defined in 12 U.S.C. 1813 that is regulated by the Comptroller of the Currency, the Board of Governors of the Federal Reserve System or the Federal Deposit Insurance Corporation.

�� (2) A business entity may apply for registration as an appraisal management company on forms prescribed by rule by the Appraiser Certification and Licensure Board. The application must include:

�� (a) The name, address and phone contact information of the entity;

�� (b) The name, address and phone contact information of a controlling person of the entity;

�� (c) If the entity is not domiciled in this state, the name and phone contact information for the entity�s agent for service of process in this state;

�� (d) The name, address and phone contact information of any person that owns 10 percent or more of the entity;

�� (e) A certification that:

�� (A) Each owner, in whole or in part, directly or indirectly, of the entity and the controlling person identified in the application have not had an appraiser license or certificate refused, denied, canceled, surrendered in lieu of revocation or revoked in any state, territory or possession of the United States, for a substantive cause, as determined by the Appraiser Certification and Licensure Board;

�� (B) The entity has a system to verify that each appraiser on the entity�s appraiser panel is licensed or certified under ORS 674.310;

�� (C) The entity requires an appraiser completing an appraisal at the entity�s request to confirm that the appraiser is competent to perform the appraisal assignment before accepting the assignment;

�� (D) The entity requires appraisers completing appraisals at the entity�s request to comply with the Uniform Standards of Professional Appraisal Practice;

�� (E) The entity has a system in place to require that appraisals are conducted independently and without inappropriate influence or coercion as required by the appraisal independence standards established under section 129E of the Truth in Lending Act; and

�� (F) The entity maintains and retains for at least five years, or as required under ORS

ORS 675.270

675.270, an applicant for licensure under ORS 675.210 to 675.340 as an occupational therapy assistant shall:

�� (a) Be at least 18 years of age.

�� (b) Have successfully completed the academic requirements of an educational program for occupational therapy assistants recognized by the Occupational Therapy Licensing Board.

�� (c) Pass an examination approved by the board to determine the fitness of the applicant for practice as an occupational therapy assistant.

�� (d) Have successfully completed at least two months of supervised field work that complies with rules adopted by the board.

�� (e) Comply with continuing education requirements as adopted by the board by rule.

�� (f) If an applicant has been unlicensed for more than three years, complete a board-approved reentry program or retake the board-approved national examination to determine fitness for practice as an occupational therapy assistant.

�� (2) An applicant meets the requirements of subsection (1)(b) or (d) of this section if the applicant provides the board with documentation of military training or experience that the board determines is substantially equivalent to the education or experience required by subsection (1)(b) or (d) of this section. [1977 c.858 �6; 1981 c.250 �4; 1997 c.104 �2; 2007 c.316 �2; 2012 c.43 �6]

�� 675.260 [1977 c.858 �7; 1981 c.250 �5; 1989 c.338 �1; repealed by 1997 c.104 �5]

�� 675.270 Licensing without examination; fee. (1) The Occupational Therapy Licensing Board may license without examination any person who applies and meets the requirements under ORS 675.210 to 675.340, and:

�� (a) Is currently certified as an occupational therapist registered (O.T.R.) or certified occupational therapy assistant (C.O.T.A.) by the National Board for Certification in Occupational Therapy; or

�� (b) Presents proof of current licensure as an occupational therapist or occupational therapy assistant in another state, the District of Columbia, or territory of the United States that requires standards for licensure considered by the Occupational Therapy Licensing Board to be equivalent to the requirements for licensure under ORS 675.210 to 675.340.

�� (2) Each applicant under this section shall pay a license fee, in an amount established by the board, at the time of filing an application under this section. [1977 c.858 �8; 1981 c.250 �6; 1989 c.338 �2; 1997 c.104 �3; 2003 c.130 �1]

�� 675.280 License period; fee; issuance of certificate; certificate as evidence; posting. Licenses issued under ORS 675.210 to 675.340 shall expire on May 31 of even-numbered years. The Occupational Therapy Licensing Board shall license any person who meets the requirements of ORS 675.210 to 675.340 upon payment of a license fee in an amount established by the board. The board shall issue a certificate to each person licensed. The certificate shall be prima facie evidence of the right of the person to whom it is issued to purport to be a licensed occupational therapist or occupational therapy assistant subject to the provisions of ORS 675.210 to 675.340. The certificate shall be posted in a conspicuous place on the premises of the occupational therapy employer. [1977 c.858 �9; 1981 c.250 �7; 1989 c.338 �3; 2003 c.130 �2]

�� 675.290 License renewal procedure; delinquent fee. Each licensed occupational therapist or occupational therapy assistant shall apply to the Occupational Therapy Licensing Board prior to the expiration of a license for a renewal of a license. Each applicant for renewal of a license shall pay a renewal fee, in an amount established by the board, at the time of filing a renewal application. Any license that is not renewed before June 1 of even-numbered years, or before such date as may be specified by board rule, shall automatically lapse. The board may revive and renew any lapsed license upon payment to it of a delinquent fee in the amount of $50. However, late renewal of a license may not be granted more than three years after its expiration. [1977 c.858 �10; 1981 c.250 �8; 1989 c.338 �4; 2003 c.130 �3; 2007 c.768 �43]

�� 675.300 Grounds and procedures for denial, refusal to renew, suspension or revocation of license; confidentiality of information. (1) The Occupational Therapy Licensing Board may deny, suspend, revoke or refuse to renew a license or may impose probationary conditions where the licensee or applicant has:

�� (a) Committed unprofessional conduct as defined by the standards established by the board;

�� (b) Obtained or attempted to obtain a license by means of fraud, misrepresentation or concealment of material facts;

�� (c) Violated any provision of ORS 675.210 to 675.340 or 675.850 or any order or rule adopted by the board; or

�� (d) Committed gross negligence or incompetence in the performance of professional duties.

�� (2) The board may suspend or revoke the license of any person licensed under ORS 675.210 to

ORS 676.576

676.576. The applicant must also:

�� (a) Pass an examination approved by the Environmental Health Registration Board by rule; and

�� (b) Submit proof that the applicant:

�� (A) Has a bachelor�s degree from an accredited college or university, 45 quarter hours or the equivalent semester hours in science courses and two years of experience in environmental health under the supervision of a registered environmental health specialist or a person possessing equal qualifications as determined by the board;

�� (B) Has a graduate degree in public or community health or another environmental health field from an accredited college or university and one year of experience in environmental health under the supervision of a registered environmental health specialist or a person possessing equal qualifications as determined by the board; or

�� (C) Has an active credential as a registered environmental health specialist or a registered sanitarian by a national association that is recognized by the board.

�� (2) For the purpose of meeting the education and experience requirements listed in subsection (1)(b) of this section, accumulated schooling relevant to environmental health gained while serving in the United States Public Health Service or a branch of the Armed Forces of the United States may be credited toward an applicant�s educational requirements. The board may use any system it considers reliable in assigning credit for relevant schooling under this subsection, including but not limited to assigning credit in conformance with the American Council on Education Military Guide.

�� (3) The office may require an applicant to meet additional requirements by rule to obtain an environmental health specialist registration. [Amended by 1967 c.476 �7; 1975 c.600 �1; 1983 c.189 �1; 1995 c.572 �8; 2003 c.547 �93; 2005 c.648 �105; 2013 c.314 �59; 2013 c.568 �126; 2017 c.101 �26; 2025 c.624 �14]

�� 700.035 Registration of environmental health specialist trainees; fees; rules. (1) The Health Licensing Office may issue an environmental health specialist trainee registration to an applicant who submits an application and pays the applicable fees established under ORS 676.576. An applicant must also:

�� (a) Have a bachelor�s degree and at least 45 quarter hours, or the equivalent semester hours, in science courses from an accredited college or university; or

�� (b) Have at least 15 quarter hours, or the equivalent semester hours, in science courses from an accredited college or university and have at least five years of experience in environmental health or related activities, as determined by the Environmental Health Registration Board, under the supervision of a registered environmental health specialist or a person possessing equal qualifications, as determined by the board.

�� (2) The board may enact rules to require an examination of applicants for registration as an environmental health specialist trainee.

�� (3) An environmental health specialist trainee shall be supervised by a registered environmental health specialist or a person possessing equal qualifications as determined by the board.

�� (4) For the purpose of meeting the education and experience requirements listed in subsection (1) of this section, accumulated schooling relevant to environmental health gained while serving in the United States Public Health Service or a branch of the Armed Forces of the United States may be credited toward an applicant�s educational requirements. The board may use any system it considers reliable in assigning credit for relevant schooling under this subsection, including but not limited to assigning credit in conformance with the American Council on Education Military Guide. [1967 c.476 �5; 1983 c.189 �2; 1995 c.572 �9; 2003 c.547 �94; 2005 c.648 �106; 2013 c.314 �60; 2013 c.568 �127; 2017 c.101 �26a; 2019 c.456 �111; 2025 c.624 �15]

�� 700.040 [Repealed by 1967 c.476 �21]

�� 700.050 [Amended by 1967 c.476 �8; 1983 c.189 �3; 1995 c.572 �10; 1999 c.885 �35; 2003 c.547 �95; 2005 c.648 �107; 2013 c.314 �61; 2013 c.568 �128; repealed by 2025 c.624 �23]

�� 700.052 [2003 c.547 �101; 2005 c.648 �108; 2013 c.568 �129; repealed by 2025 c.624 �23]

�� 700.053 Qualifications of waste water specialist applicant; application; examination; fees; rules. (1) The Health Licensing Office may issue a waste water specialist registration to an applicant who submits an application and pays the applicable fees established under ORS 676.576. An applicant must also:

�� (a) Pass an examination approved by the Environmental Health Registration Board by rule; and

�� (b) Submit proof that the applicant:

�� (A) Has a bachelor�s degree from an accredited college or university, including at least 45 quarter hours or the equivalent in soil science courses and two years of experience in waste water treatment, disposal and reuse within this state supervised by a registered waste water specialist or by an equally qualified person as determined by the board;

�� (B) Has a graduate degree in soil science from an accredited college or university and one year of experience in waste water treatment, disposal and reuse within this state supervised by a registered waste water specialist or by an equally qualified person as determined by the board; or

�� (C) Has a graduate degree in soil science from an accredited college or university and is currently certified as a professional soil scientist.

�� (2) For the purpose of meeting the education requirements listed in subsection (1) of this section, accumulated schooling relevant to soil science gained while serving in the United States Public Health Service or a branch of the Armed Forces of the United States may be credited toward an applicant�s educational requirements. The board may use any system it considers reliable in assigning credit for relevant schooling under this subsection, including but not limited to assigning credit in conformance with the American Council on Education Military Guide. [1995 c.572 �3; 2003 c.547 �96; 2005 c.22 �478; 2005 c.648 �109; 2013 c.314 �62; 2013 c.568 �130; 2025 c.624 �16]

�� 700.056 Duties allowed for waste water specialist; environmental health specialist may perform duties. (1) A person who is registered as a waste water specialist under ORS 700.053 shall not perform the duties of a registered environmental health specialist, except that the person may:

�� (a) Evaluate soils for subsurface or surface disposal of waste water or for the land application of sludge; and

�� (b) Based on the soil evaluation, determine the appropriate design of systems that use soil in the final stage of the waste water treatment process.

�� (2) This section does not prohibit a registered environmental health specialist from performing the duties of a waste water specialist. [1995 c.572 �4; 2003 c.547 �97]

�� 700.059 [1995 c.572 �5; 2003 c.547 �98; 2005 c.648 �110; 2013 c.314 �63; 2013 c.568 �131; repealed by 2025 c.624 �23]

�� 700.060 [Repealed by 1967 c.476 �21]

�� 700.062 Waste water specialist trainee registration; fees. (1) The Health Licensing Office may issue a waste water specialist trainee registration to an applicant who submits an application and pays the applicable fees established under ORS 676.576. An applicant must also:

�� (a) Have a bachelor�s degree from an accredited college or university, including at least 45 quarter hours or the equivalent in soil science courses; or

�� (b) Have a graduate degree in soil science from an accredited college or university.

�� (2) For the purpose of meeting the education requirements listed in subsection (1) of this section, accumulated schooling relevant to soil science gained while serving in the United States Public Health Service or a branch of the Armed Forces of the United States may be credited toward an applicant�s educational requirements. The Environmental Health Registration Board may use any system it considers reliable in assigning credit for relevant schooling under this subsection, including but not limited to assigning credit in conformance with the American Council on Education Military Guide. [1995 c.572 �6; 2003 c.547 �99; 2005 c.648 �111; 2013 c.314 �64; 2013 c.568 �132; 2025 c.624 �17]

�� 700.070 [Repealed by 1967 c.476 �21]

�� 700.080 [Amended by 1967 c.476 �9; 1975 c.526 �11; 1983 c.222 �1; 1995 c.572 �11; 2003 c.547 �100; 2005 c.648 �112; 2009 c.701 �64; repealed by 2013 c.314 �65]

�� 700.082 [1983 c.222 �2; 1985 c.565 �117a; 1991 c.703 �37; repealed by 1995 c.572 �25]

�� 700.085 [1967 c.476 �19; repealed by 1995 c.572 �25]

�� 700.090 [Amended by 1967 c.476 �10; 1995 c.572 �12; repealed by 2003 c.547 �118]

�� 700.100 [Amended by 1967 c.476 �11; 1983 c.189 �4; 1995 c.572 �13; 1997 c.249 �212; 2001 c.274 �2; 2003 c.547 �103; 2005 c.648 �113; 2009 c.701 �65; repealed by 2013 c.314 �65]

�� 700.105 [1983 c.189 �11; 1995 c.572 �14; 2003 c.547 �104; 2005 c.648 �114; repealed by 2013 c.314 �65]

�� 700.110 [Amended by 1967 c.476 �12; 1983 c.189 �5; 1995 c.572 �15; repealed by 2003 c.547 �118]

�� 700.111 Grounds and procedure for discipline. In the manner prescribed in ORS chapter 183 for contested cases, the Health Licensing Office may impose a form of discipline listed in ORS 676.612 against any person practicing as an environmental health specialist, an environmental health specialist trainee, a waste water specialist or a waste water specialist trainee for any of the grounds listed in ORS 676.612, and for any violation of the provisions of this chapter or the rules adopted thereunder. [2003 c.547 �105; 2005 c.648 �115; 2013 c.568 �136]

�� 700.115 [1971 c.734 �168; 1973 c.829 �70; 1995 c.572 �16; repealed by 2003 c.547 �118]

�� 700.120 [Amended by 1967 c.476 �13; repealed by 1971 c.734 �21]

�� 700.130 [Amended by 1967 c.476 �14; repealed by 1973 c.829 �71]

ENVIRONMENTAL HEALTH REGISTRATION BOARD

�� 700.210 Environmental Health Registration Board. There is established within the Health Licensing Office the Environmental Health Registration Board to consist of seven members to be appointed by the Governor. [Amended by 1967 c.424 �6; 1971 c.650 �42; 1973 c.792 �47; 1983 c.189 �6; 1997 c.632 �13; 2003 c.547 �107; 2005 c.648 �116; 2013 c.568 �137]

�� 700.220 Members� qualifications; term; removal; vacancies; compensation and expenses. (1) The members of the Environmental Health Registration Board appointed by the Governor shall be appointed from among the residents of this state and shall have the following qualifications and terms of office:

�� (a) One shall be a physician licensed to practice medicine or surgery by the Oregon Medical Board who has an emphasis in public health.

�� (b) Four shall be persons registered under this chapter who have at least four years of experience in environmental health.

�� (c) Two must be members of the public who do not possess the same professional qualifications of the other members.

�� (2) The term of office of each member of the Environmental Health Registration Board is four years, but a member serves at the pleasure of the Governor. Vacancies shall be filled by the Governor by appointment for the unexpired term. A member shall hold the member�s office until the appointment and qualification of a successor. A member is eligible for reappointment. If a person serves two consecutive full terms, a period of at least four years must elapse before the person is again eligible for appointment to serve on the board.

�� (3) The members of the board are entitled to compensation and expenses as provided in ORS

ORS 676.640

676.640.

�� (2) Notwithstanding ORS 677.080, a certified advanced esthetician may practice advanced nonablative esthetics procedures.

�� (3) This section does not apply to:

�� (a) A person who is a licensed health care professional if the person�s scope of practice includes the practice of advanced nonablative esthetics procedures; or

�� (b) A student enrolled in an advanced nonablative esthetics education program or training program or in an advanced nonablative esthetics program that combines education and training. [2015 c.722 �2]

�� 676.640 Certification for practice of advanced nonablative esthetics procedures; rules. (1) Except as provided in subsection (3) of this section, the Health Licensing Office shall issue a certificate to practice advanced nonablative esthetics procedures to an applicant who:

�� (a) Is at least 18 years of age;

�� (b) Is an esthetician in good standing with the Board of Cosmetology;

�� (c) Successfully completes:

�� (A) Subject to subsection (2) of this section, an advanced nonablative esthetics education program or training program, or an advanced nonablative esthetics program that combines education and training, that is approved by the Board of Certified Advanced Estheticians; or

�� (B) A nationally recognized program that is approved by the Board of Certified Advanced Estheticians and through which individuals are certified to use lasers or other devices for purposes related to practicing advanced nonablative esthetics procedures;

�� (d) Passes an examination adopted by the Board of Certified Advanced Estheticians by rule; and

�� (e) Pays the applicable fees established under ORS 676.576.

�� (2) An education program described in subsection (1)(c)(A) of this section must be:

�� (a) If the program is located in this state, licensed through the Higher Education Coordinating Commission; or

�� (b) If the program is not located in this state, substantially equivalent to a program licensed through the Higher Education Coordinating Commission.

�� (3) The office shall issue a certificate to practice advanced nonablative esthetics procedures to an applicant who:

�� (a) Is an esthetician in good standing with the Board of Cosmetology;

�� (b) Is authorized and in good standing to practice advanced nonablative esthetics procedures in a state where the requirements to practice nonablative esthetics procedures are substantially similar to the requirements to practice advanced nonablative esthetics procedures in this state; and

�� (c) Pays the applicable fee established under ORS 676.576.

�� (4) The office shall issue a temporary certificate to perform advanced nonablative esthetics procedures to an applicant who:

�� (a) Is an esthetician in good standing with the Board of Cosmetology;

�� (b) Meets any qualifications prescribed by the office by rule; and

�� (c) Pays the applicable fee established under ORS 676.576. [2015 c.722 �3]

�� 676.645 Renewal of certificate; rules. (1) A certificate issued under ORS 676.640 (1) or (3) must be renewed annually. To renew a certificate under this section, a certified advanced esthetician must submit to the Health Licensing Office:

�� (a) A renewal application;

�� (b) Proof that the certified advanced esthetician has completed any continuing education requirements established by the Board of Certified Advanced Estheticians by rule; and

�� (c) The applicable renewal fee established under ORS 676.576.

�� (2) A temporary certificate issued under ORS 676.640 (4) expires as prescribed by the office by rule. [2015 c.722 �4]

�� 676.647 Prohibition on use of unregistered device; rules. (1) A person may not use a device that is not registered with the United States Food and Drug Administration to perform advanced nonablative esthetics procedures.

�� (2) The Board of Certified Advanced Estheticians may adopt rules to carry out this section. [2021 c.366 �2]

�� 676.650 Board of Certified Advanced Estheticians. (1) There is established the Board of Certified Advanced Estheticians within the Health Licensing Office, consisting of:

�� (a) Nine members appointed by the Governor; and

�� (b) The section manager of the Radiation Protection Services Section of the Oregon Health Authority, or the section manager�s designee.

�� (2) Of the nine members appointed by the Governor:

�� (a) Five must be certified advanced estheticians;

�� (b) Two must be physicians or physician associates licensed under ORS chapter 677 or nurse practitioners licensed under ORS 678.375 to 678.390; and

�� (c) Two must be public members who are residents of this state.

�� (3) The board member described in subsection (1)(b) of this section is a nonvoting ex officio member of the board.

�� (4) The term of office of each appointed member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on January 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

�� (5) The voting members of the board shall select one of the voting members as chairperson and another voting member as vice chairperson. The board shall establish the terms of service for the chairperson and the vice chairperson and the duties and powers of the chairperson and the vice chairperson.

�� (6) A majority of the voting members of the board constitutes a quorum for the transaction of business.

�� (7) Official action by the board requires the approval of a majority of the voting members of the board.

�� (8) The board shall meet at a place, day and hour determined by the board. The board also may meet at other times and places specified by the call of the chairperson or of a majority of the voting members of the board. [2015 c.722 �5; 2024 c.73 �120]

�� 676.655 Board powers; rules. (1) In addition to the powers granted to the Board of Certified Advanced Estheticians by ORS 676.630 to 676.660, the board shall have the power to:

�� (a) Adopt rules and take actions necessary to carry out the duties of the board under ORS

ORS 676.660

676.660, or for commission of a prohibited act listed in ORS 676.612. [2015 c.722 �7]

LACTATION CONSULTANTS AND LACTATION EDUCATORS

�� 676.665 Definitions for ORS 676.665 to 676.689. As used in ORS 676.665 to 676.689:

�� (1) �Lactation consultant� means a person licensed to practice lactation consultation.

�� (2) �Lactation consultation� means the clinical application of scientific principles and evidence to provide care related to lactation to childbearing families. Lactation consultation includes, but is not limited to:

�� (a) Client assessment through systematic collection of data;

�� (b) Data analysis;

�� (c) Creation of a care plan;

�� (d) Implementation of the care plan, including demonstration and instructions to clients and communication with the clients� primary care provider;

�� (e) Evaluation of client outcomes;

�� (f) Problem identification and treatment;

�� (g) Recommendation and use of assistive devices; and

�� (h) Lactation education to childbearing families and to health care providers.

�� (3) �Lactation counselor� means a person certified by the Academy of Lactation Policy and Practice, or its successor organization, as approved by the Health Licensing Office by rule, as a clinical lactation care provider who has demonstrated the necessary skills, knowledge and attitude to provide clinical support to families that are thinking, or have questions, about breastfeeding or that have problems with breastfeeding.

�� (4) �Lactation educator� means a person certified by the Childbirth and Postpartum Professional Association, or its successor organization, as approved by the office by rule, as a certified lactation educator to educate, counsel and support families by providing evidence-based information about lactation and breastfeeding. [2017 c.499 �1; 2025 c.539 �12]

�� 676.669 Lactation consultant license; rules. The Health Licensing Office may issue a lactation consultant license to an applicant who:

�� (1) Is at least 18 years old;

�� (2) Submits sufficient proof, as determined by the office, that the applicant:

�� (a) As approved by the office by rule, satisfies the requirements for certification as an International Board Certified Lactation Consultant by the International Board of Lactation Consultant Examiners or its successor organization; and

�� (b) Is in good standing in any other states where the applicant is authorized as a lactation consultant;

�� (3) Pays a licensure fee; and

�� (4) Meets other qualifications required by the office by rule. [2017 c.499 �2; 2019 c.456 �40]

�� 676.671 Regulation of practice of lactation counselors and lactation educators; use of titles; rules. The Health Licensing Office shall adopt rules to regulate the practice of lactation counselors and lactation educators. The rules must include at least rules to:

�� (1) Establish continuing education requirements for lactation counselors and lactation educators;

�� (2) Establish standards of practice for lactation counselors and lactation educators;

�� (3) Establish an authorization for lactation counselors and lactation educators;

�� (4) Prohibit the unauthorized practice as a lactation counselor or lactation educator, and prohibit the unauthorized use of the title �lactation counselor� or �lactation educator�; and

�� (5) Specify that a lactation counselor or lactation educator may provide services to a client who was pregnant regardless of the client�s birth outcome. [2025 c.539 �14]

�� 676.673 Continuing education; rules. (1) A lactation consultant shall complete continuing education courses related to:

�� (a) Cultural competency, approved by the Oregon Health Authority under ORS 413.450; and

�� (b) Trauma-informed care, through programs approved by the Health Licensing Office by rule.

�� (2) The office shall adopt rules related to the continuing education described in subsection (1) of this section. The rules must include:

�� (a) Approval of continuing education programs related to trauma-informed care; and

�� (b) Requirements that lactation consultants:

�� (A) Complete initial cultural competency and trauma-informed care continuing education courses within one year of the date of initial licensure; and

�� (B) Complete additional cultural competency and trauma-informed care continuing education courses once every five years thereafter. [2017 c.499 �3]

�� 676.677 Standards of practice and professional responsibility. A lactation consultant shall comply with the standards of practice and professional responsibility for lactation consultants that are adopted by rule by the Health Licensing Office under ORS 676.689. [2017 c.499 �4]

�� 676.681 Prohibition on unauthorized practice, use of title; exemptions. (1) A person may not practice lactation consultation or assume or use any title, words or abbreviations, including but not limited to the title or designation �lactation consultant,� that indicate that the person is authorized to practice lactation consultation unless the person is licensed under ORS 676.669.

�� (2) Subsection (1) of this section does not prohibit:

�� (a) A person licensed under the laws of this state in a profession or occupation other than lactation consultation from practicing lactation consultation as a part of the person�s practice;

�� (b) The use of lactation consultation as an integral part of an education program; or

�� (c) A person whose training and national certification attest to the person�s preparation and ability to practice their profession or occupation from practicing the profession or occupation in which the person is certified, if the person does not represent that the person is a lactation consultant.

�� (3) ORS 676.665 to 676.689 do not apply to a person who is:

�� (a) Employed by or who contracts with the Oregon Health Authority or an entity that contracts with the authority, to promote or support breastfeeding through the Women, Infants and Children Program under ORS 413.500; or

�� (b) A licensed health care practitioner in this state and who provides services similar to lactation consultation.

�� (4) ORS 676.665 to 676.689 do not require a person who is a certified lactation counselor to obtain a license issued under ORS 676.669 in order to perform any of the services described in ORS 676.665 (2). [2017 c.499 �5]

�� 676.685 Discipline. In the manner prescribed in ORS chapter 183 for contested cases, the Health Licensing Office may impose a form of discipline listed in ORS 676.612 against a person licensed under ORS 676.669 for any of the prohibited acts listed in ORS 676.681 and for any violation of a rule adopted under ORS 676.665 to 676.689. [2017 c.499 �6]

�� 676.689 Rules. (1) The Health Licensing Office shall adopt rules to:

�� (a) Establish a process for issuing lactation consultant licenses;

�� (b) Establish licensure fees;

�� (c) Determine qualifications for applicants for initial licensure and licensure by reciprocity;

�� (d) Develop and maintain a publicly available record of lactation consultants; and

�� (e) Establish standards of practice and professional responsibility for lactation consultants that take into consideration the standards established by the International Board of Lactation Consultant Examiners.

�� (2) The office may adopt other rules as necessary to carry out the provisions of ORS 676.665 to 676.689. [2017 c.499 �7; 2019 c.456 �41]

TEMPORARY STAFFING AGENCIES

�� 676.695 Definitions for ORS 676.695 to 676.725. As used in ORS 676.695 to 676.725:

�� (1) �Hospital� has the meaning given that term in ORS 442.015.

�� (2) �Personnel� means:

�� (a) A registered nurse, licensed practical nurse, certified medical assistant, certified nursing assistant or direct caregiver who provides health care services or assistance with activities of daily living to clients, patients or residents for or on behalf of an in-home care agency as defined in ORS 443.305, a facility with a memory care endorsement as described in ORS 443.886, a residential care facility as defined in ORS 443.400 or a skilled nursing facility as defined in ORS 442.015 that engages the temporary staffing agency with which the registered nurse, licensed practical nurse, certified medical assistant, certified nursing assistant or direct caregiver is associated; or

�� (b) A registered nurse or certified nursing assistant who provides health care services to patients for or on behalf of a hospital that engages the temporary staffing agency with which the registered nurse or certified nursing assistant is associated.

�� (3) �Rate� means the total amount that a temporary staffing agency may charge to or receive from an entity that engages the temporary staffing agency to assign personnel to the entity on a temporary basis.

�� (4)(a) �Temporary staffing agency� means an entity that operates in this state for the purpose of providing temporary work to personnel providing health care services or assistance with activities of daily living for or on behalf of entities that engage the temporary staffing agency.

�� (b) �Temporary staffing agency� does not include:

�� (A) A staff arrangement established by an entity solely for use by the entity, or by any entity associated with the entity, and in which the only costs are salaries paid to individuals who perform work;

�� (B) An individual who provides the individual�s services on a temporary basis;

�� (C) An employment agency as defined in ORS 658.005;

�� (D) Home health agencies licensed under ORS 443.015;

�� (E) In-home care agencies licensed under ORS 443.315; or

�� (F) Home care workers and personal support workers listed on the home care registry as defined in ORS 410.600. [2022 c.92 �1; 2023 c.506 ��3,13]

�� 676.698 Temporary staffing agency authorization; renewal. (1) Subject to subsection (4) of this section, the Health Licensing Office shall issue a temporary staffing agency authorization to an applicant that submits to the office:

�� (a) An application that includes the names and addresses of the applicant�s officers and directors and any other person that has ownership, partnership or a similar interest in the applicant;

�� (b) For the purposes of conducting a state or nationwide criminal records check under ORS

ORS 676.805

676.805; 2023 c.500 �3]

�� 676.830 Health benefit plan credentialing for applied behavior analysis providers. A health benefit plan as defined in ORS 743B.005 may establish credentialing requirements for the provision of applied behavior analysis by licensed health care professionals, behavior analysts or assistant behavior analysts licensed under ORS 676.810 or by behavior analysis interventionists registered by the Health Licensing Office under ORS 676.815. [2015 c.674 �17; 2023 c.500 �4]

CULTURAL COMPETENCY CONTINUING EDUCATION

�� 676.850 Authority of regulatory boards to require cultural competency continuing education; documentation of participation; rules. (1) As used in this section, �board� means the:

�� (a) State Board of Examiners for Speech-Language Pathology and Audiology;

�� (b) State Board of Chiropractic Examiners;

�� (c) State Board of Licensed Social Workers;

�� (d) Oregon Board of Licensed Professional Counselors and Therapists;

�� (e) Oregon Board of Dentistry;

�� (f) Board of Licensed Dietitians;

�� (g) State Board of Massage Therapists;

�� (h) Oregon Board of Naturopathic Medicine;

�� (i) Oregon State Board of Nursing;

�� (j) Long Term Care Administrators Board;

�� (k) Oregon Board of Optometry;

�� (L) State Board of Pharmacy;

�� (m) Oregon Medical Board;

�� (n) Occupational Therapy Licensing Board;

�� (o) Oregon Board of Physical Therapy;

�� (p) Oregon Board of Psychology;

�� (q) Board of Medical Imaging;

�� (r) State Board of Direct Entry Midwifery;

�� (s) State Board of Denture Technology;

�� (t) Respiratory Therapist and Polysomnographic Technologist Licensing Board;

�� (u) Home Care Commission;

�� (v) Oregon Health Authority, to the extent that the authority licenses emergency medical service providers; and

�� (w) Health Licensing Office, to the extent that the office licenses lactation consultants.

�� (2)(a) A board shall adopt rules to require a person authorized to practice the profession regulated by the board to complete cultural competency continuing education. Completion of the continuing education described in this subsection shall be a condition of renewal of an authorization to practice the profession regulated by the board every other time that the person�s authorization is subject to renewal.

�� (b) Cultural competency continuing education courses may be taken in addition to or, if a board determines that the cultural competency continuing education fulfills existing continuing education requirements, instead of any other continuing education requirement imposed by the board.

�� (c) A board shall consider the availability of the continuing education described in this subsection when adopting rules regarding the required number of credits of continuing education.

�� (d) A board shall encourage, but may not require, the completion of continuing education approved by the Oregon Health Authority under ORS 413.450. A board shall accept as meeting the requirements of this subsection continuing education that meets the skills requirements established by the authority by rule.

�� (3) The requirements of subsection (2) of this section do not apply to a person authorized to practice a profession regulated by a board if the person is:

�� (a) Retired and not practicing the profession in any state;

�� (b) Not practicing the profession in this state; or

�� (c) Residing in this state but not practicing the profession in any state. [2013 c.240 �1; 2017 c.6 �28; 2017 c.499 �19; 2018 c.61 �24; 2019 c.43 �11; 2019 c.186 �1]

�� 676.855 Authority of public universities and community colleges to require cultural competency continuing education. Each public university listed in ORS 352.002 and each community college, as defined in ORS 341.005, may require persons authorized to practice a profession regulated by a board, as defined in ORS 676.850, who provide services to students at health care facilities located on a campus of the public university or community college to provide proof of completing cultural competency continuing education approved by the Oregon Health Authority under ORS 413.450. [2013 c.240 �18; 2019 c.186 �2]

SUICIDE RISK ASSESSMENT, TREATMENT AND MANAGEMENT CONTINUING EDUCATION

�� 676.860 Suicide risk assessment, treatment and management continuing education for physical health care providers; completion reports and documentation; report to Legislative Assembly; rules. (1) As used in this section:

�� (a) �Board� means:

�� (A) Occupational Therapy Licensing Board;

�� (B) Oregon Board of Naturopathic Medicine;

�� (C) Oregon Medical Board;

�� (D) Oregon State Board of Nursing;

�� (E) Oregon Board of Physical Therapy; and

�� (F) State Board of Chiropractic Examiners.

�� (b) �Licensee� means a person authorized to practice one of the following professions:

�� (A) Occupational therapist, as defined in ORS 675.210;

�� (B) Certified registered nurse anesthetist, as defined in ORS 678.010;

�� (C) Chiropractic physician, as defined in ORS 684.010;

�� (D) Clinical nurse specialist, as defined in ORS 678.010;

�� (E) Naturopathic physician, as defined in ORS 685.010;

�� (F) Nurse practitioner, as defined in ORS 678.010;

�� (G) Physician, as defined in ORS 677.010;

�� (H) Physician associate, as defined in ORS 677.495;

�� (I) Physical therapist, as defined in ORS 688.010; and

�� (J) Physical therapist assistant, as defined in ORS 688.010.

�� (2) In collaboration with the Oregon Health Authority, a board shall adopt rules to require a licensee regulated by the board to report to the board, upon reauthorization to practice, the licensee�s completion of any continuing education regarding suicide risk assessment, treatment and management.

�� (3) A licensee shall report the completion of any continuing education described in subsection (2) of this section to the board that regulates the licensee.

�� (4)(a) A board shall document completion of any continuing education described in subsection (2) of this section by a licensee regulated by the board. The board shall document the following data:

�� (A) The number of licensees who complete continuing education described in subsection (2) of this section;

�� (B) The percentage of the total of all licensees who complete the continuing education;

�� (C) The counties in which licensees who complete the continuing education practice; and

�� (D) The contact information for licensees willing to share information about suicide risk assessment, treatment and management with the authority.

�� (b) The board shall remove any personally identifiable information from the data submitted to the board under this subsection, except for the personally identifiable information of licensees willing to share such information with the authority.

�� (c) For purposes of documenting completion of continuing education under this subsection, a board may adopt rules requiring licensees to submit documentation of completion to the board.

�� (5) A board, on or before March 1 of each even-numbered year, shall report to the authority on the data documented under subsection (4) of this section, as well as information about any initiatives by the board to promote suicide risk assessment, treatment and management among its licensees.

�� (6) The authority, on or before August 1 of each even-numbered year, shall report to the interim committees of the Legislative Assembly related to health care on the information submitted to the authority under subsection (5) of this section. The authority shall include in the report information about initiatives by boards to promote awareness about suicide risk assessment, treatment and management and information on how boards are promoting continuing education described in subsection (2) of this section to licensees.

�� (7) The authority may use the information submitted to the authority under subsection (5) of this section to develop continuing education opportunities related to suicide risk assessment, treatment and management for licensees and to facilitate improvements in suicide risk assessment, treatment and management efforts in this state. [2017 c.511 �1; 2019 c.43 �12; 2021 c.114 �2; 2023 c.346 �12; 2024 c.73 �121]

�� 676.863 Oregon Health Authority list of continuing education opportunities. (1) The Oregon Health Authority shall develop a list of continuing education opportunities related to suicide risk assessment, treatment and management and make the list available to each board, as defined in ORS 676.860 and 676.866.

�� (2) In developing the list, the authority shall:

�� (a) Consider suicide risk assessment, treatment and management training programs recommended by organizations that provide suicide awareness advocacy and education; and

�� (b) Consult with institutions of higher education and experts in suicide risk assessment, treatment and management. [2017 c.511 �2; 2021 c.114 �6]

�� 676.866 Suicide risk assessment, treatment and management continuing education for behavioral health care providers; completion reports and documentation; report to Legislative Assembly; rules. (1) As used in this section:

�� (a) �Board� means:

�� (A) The Oregon Board of Psychology;

�� (B) The Oregon Board of Licensed Professional Counselors and Therapists;

�� (C) The State Board of Licensed Social Workers;

�� (D) The Teacher Standards and Practices Commission; and

�� (E) The Traditional Health Workers Commission.

�� (b) �Licensee� means:

�� (A) A clinical social worker, as defined in ORS 675.510;

�� (B) A regulated social worker, as defined in ORS 675.510;

�� (C) A licensed marriage and family therapist, as defined in ORS 675.705;

�� (D) A licensed psychologist, as defined in ORS 675.010;

�� (E) A licensed professional counselor, as defined in ORS 675.705;

�� (F) A school counselor, as defined by rule by the Teacher Standards and Practices Commission; and

�� (G) The following professionals regulated by the Oregon Health Authority by rules adopted pursuant to subsection (9) of this section or employed in a program operated or overseen by the authority:

�� (i) A qualified mental health associate;

�� (ii) A qualified mental health professional;

�� (iii) A certified alcohol and drug counselor;

�� (iv) A prevention specialist;

�� (v) A problem gambling treatment provider;

�� (vi) A recovery mentor;

�� (vii) A community health worker;

�� (viii) A personal health navigator;

�� (ix) A personal support specialist;

�� (x) A peer wellness specialist;

�� (xi) A doula;

�� (xii) A family support specialist;

�� (xiii) A youth support specialist; and

�� (xiv) A peer support specialist.

�� (2)(a) The authority and a board shall require a licensee regulated by the authority or the board to complete two hours every two years or three hours every three years of continuing education related to suicide risk assessment, treatment and management and report to the authority or the board the licensee�s completion of the continuing education described in this subsection. The authority and the board shall ensure that the timelines for completion of the continuing education align with the licensee�s professional authorization issuance and renewal timelines.

�� (b) The authority and a board shall approve continuing education opportunities that are applicable and relevant to the licensees regulated by the authority or the board. A board may encourage a licensee regulated by the board to complete continuing education opportunities recommended by the authority.

�� (3) A licensee shall report the completion of the continuing education described in subsection (2) of this section to the board that regulates the licensee or to the authority if the licensee is a professional listed in subsection (1)(b)(G) of this section.

�� (4)(a) The authority and a board shall document completion of the continuing education described in subsection (2) of this section by a licensee regulated by the authority or a board.

�� (b) In consultation with the authority, a board shall adopt rules requiring licensees to submit documentation of completion to the board.

�� (c) The authority shall adopt rules requiring licensees regulated by the authority to submit documentation of completion to the authority.

�� (5) The authority and a board may adopt rules to:

�� (a) Identify the experience and training that a licensee regulated by the authority or the board must have in order to be exempt from the requirements of subsection (2) of this section.

�� (b) Allow the concurrent completion of continuing education described in subsection (2) of this section with continuing education opportunities related to professional ethics or cultural competency if the opportunities also provide the continuing education described in subsection (2) of this section.

�� (6) A board, on or before March 1 of each odd-numbered year, shall report to the authority on the information described in subsection (4) of this section, as well as information about the implementation of the continuing education described in subsection (2) of this section.

�� (7) The authority, on or before August 1 of each odd-numbered year, shall report to the interim committees of the Legislative Assembly related to health care on the information submitted to the authority under subsection (6) of this section and information collected by the authority under subsection (4) of this section. The authority shall remove any personally identifiable information collected by or submitted to the authority under subsection (4) or (6) of this section.

�� (8) The authority may use the information collected by the authority under subsection (4) of this section in conjunction with the information described in ORS 676.860 to facilitate improvements in suicide risk assessment, treatment and management efforts in this state.

�� (9)(a) The authority and a board may adopt rules to carry out this section.

�� (b) The authority may adopt rules to define and regulate the professions listed in subsection (1)(b)(G) of this section. [2021 c.114 �1]

SURGICAL TECHNOLOGY

�� 676.870 Definitions for ORS 676.870 to 676.890. As used in ORS 676.870 to 676.890:

�� (1) �Health care facility� means a hospital or an ambulatory surgical center, as those terms are defined in ORS 442.015.

�� (2) �Rural or medically underserved community� means a geographic area of this state that is 10 or more miles from the geographic center of a population center of 40,000 or more individuals.

�� (3) �Surgical technology� means intraoperative surgical patient care that involves:

�� (a) Preparing an operating room for surgical procedures by ensuring that surgical equipment is functioning properly and safely;

�� (b) Preparing an operating room and the sterile field for surgical procedures by preparing sterile supplies, instruments and equipment using sterile techniques;

�� (c) Anticipating the needs of a surgical team based on knowledge of human anatomy and pathophysiology and how those fields relate to the surgical patient and the patient�s surgical procedure; and

�� (d) Performing tasks as directed in an operating room, including:

�� (A) Passing instruments, equipment or supplies;

�� (B) Sponging or suctioning of an operative site;

�� (C) Preparing and cutting suture material;

�� (D) Transferring fluids or drugs;

�� (E) Handling specimens;

�� (F) Holding retractors and other equipment;

�� (G) Applying electrocautery to clamps on bleeders;

�� (H) Connecting drains to suction apparatus;

�� (I) Applying dressings to closed wounds; and

�� (J) Assisting in counting supplies and instruments, including sponges and needles. [2015 c.373 �1]

�� 676.875 Requirements for practice of surgical technology in health care facilities; rules. (1) A health care facility may not allow a person to practice surgical technology at the health care facility unless the person provides the health care facility with documentation showing that the person:

�� (a)(A) Has completed an educational program for surgical technologists accredited by a national accreditation organization approved by the Oregon Health Authority by rule; and

�� (B) Holds and maintains a:

�� (i) Surgical technologist certification issued by a nationally accredited certifying organization for surgical technologists approved by the authority by rule; or

�� (ii) Subspeciality surgical assistant or surgical technologist certification, including but not limited to a certified ophthalmic surgical assisting credential issued by the International Joint Commission on Allied Health Personnel in Ophthalmology or its successor organization, that is accredited by the National Commission for Certifying Agencies or its successor organization and approved by the authority by rule;

�� (b) Has completed and is certified by a registered apprenticeship program in surgical technology that:

�� (A) Is approved under ORS 660.002 to 660.210;

�� (B) Meets the requirements for, and requires participants to receive, certification by the National Center for Competency Testing or its successor organization;

�� (C) Includes an educational component as determined sufficient by the authority;

�� (D) Upon completion awards certification accredited by the National Commission for Certifying Agencies or its successor organization; and

�� (E) Is approved by the authority by rule;

�� (c)(A) Has completed a training program for surgical technologists in the Army, Navy, Air Force, Marine Corps, Coast Guard or Space Force of the United States or in the United States Public Health Service Commissioned Corps; and

�� (B) Every two years has completed 16 hours of continuing education approved by the authority; or

�� (d)(A) Practiced surgical technology during at least two of the three years immediately preceding January 1, 2017:

�� (i) In a health care facility in Oregon or in another state; or

�� (ii) As an employee of an agency or institution of the federal government; and

�� (B) Every two years has completed 16 hours of continuing education approved by the authority.

�� (2) Notwithstanding subsection (1)(a)(B) of this section, a health care facility may allow a person who does not hold a certification described in subsection (1)(a)(B) of this section to perform surgical technology at the health care facility for 12 months after the person completes an educational program for surgical technologists accredited by a national accreditation organization approved by the authority by rule.

�� (3) Notwithstanding subsection (1)(b) of this section, a health care facility may allow a person who does not hold a certification described in subsection (1)(b) of this section to perform surgical technology at the health care facility if the person:

�� (a) Is an apprentice, as defined in ORS 660.010, actively enrolled in a registered apprenticeship program in surgical technology described in subsection (1)(b) of this section that requires the person to obtain on-the-job supervised training; and

�� (b) Is at all times while performing surgical technology provided adequate direct supervision as required by the standards for the registered apprenticeship program in which the person is enrolled. [2015 c.373 �2; 2022 c.65 �1; 2023 c.447 �1; 2025 c.453 �19]

�� 676.880 Exemption. ORS

ORS 677.525

677.525 or 678.375 to 678.390 is not a manufacturer, distributor, seller or lessor of a product for the purposes of ORS 30.900 to 30.920 if:

�� (A) The professional corporation or entity provides the product to a patient as part of health care services; and

�� (B) The professional corporation or entity was not involved in the design or manufacture of the product.

�� (b) This subsection does not apply to a product that a professional corporation or entity offers to the general public in a retail setting.

�� (4)(a) Except as provided in paragraph (b) of this subsection, a residential care facility licensed under ORS chapter 443, including a facility with a memory care endorsement under ORS 443.886 and an assisted living facility, is not a manufacturer, distributor, seller or lessor of a product for the purposes of ORS 30.900 to 30.920 if:

�� (A) The residential care facility provides the product to a patient as part of health care services; and

�� (B) The residential care facility was not involved in the design or manufacture of the product.

�� (b) This subsection does not apply to a product that a residential care facility offers to the general public in a retail setting. [2009 c.485 �9; 2025 c.626 �1]

�� 30.905 Time limitation for commencement of action. (1) Subject to the limitation imposed by subsection (2) of this section, a product liability civil action for personal injury or property damage must be commenced not later than two years after the plaintiff discovers, or reasonably should have discovered, the personal injury or property damage and the causal relationship between the injury or damage and the product, or the causal relationship between the injury or damage and the conduct of the defendant.

�� (2) A product liability civil action for personal injury or property damage must be commenced before the later of:

�� (a) Ten years after the date on which the product was first purchased for use or consumption; or

�� (b) The expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured, or, if the product was manufactured in a foreign country, the expiration of any statute of repose for an equivalent civil action in the state into which the product was imported.

�� (3) Subject to the limitation imposed by subsection (4) of this section, a product liability civil action for death must be commenced not later than three years after the decedent, the personal representative for the decedent or a person for whose benefit an action could be brought under ORS 30.020 discovers, or reasonably should have discovered, the causal relationship between the death and the product, or the causal relationship between the death and the conduct of the defendant.

�� (4) A product liability civil action for death must be commenced before the earlier of:

�� (a) Three years after the death of the decedent;

�� (b) Ten years after the date on which the product was first purchased for use or consumption; or

�� (c) The expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured, or, if the product was manufactured in a foreign country, the expiration of any statute of repose for an equivalent civil action in the state into which the product was imported.

�� (5) This section does not apply to a civil action brought against a manufacturer, distributor, seller or lessor of a manufactured dwelling, as defined in ORS 446.003, or of a prefabricated structure, as defined in ORS 455.010. Actions described in this subsection are subject to the statute of limitations provided by ORS 12.135. [1977 c.843 �3; 1983 c.143 �1; 1987 c.4 �1; 1993 c.259 �6; 2003 c.768 �1; 2009 c.485 �1]

�� 30.907 Action for damages from asbestos-related disease; limitations. (1) A product liability civil action for damages resulting from asbestos-related disease must be commenced not later than two years after the date on which the plaintiff first discovered, or in the exercise of reasonable care should have discovered, the disease and the cause thereof.

�� (2) A product liability civil action for damages resulting from asbestos-related disease is not subject to ORS 30.905 or any other statute of limitation or statute of ultimate repose in Oregon Revised Statutes.

�� (3) A product liability civil action may not be brought against a contractor, as defined in ORS 701.005, for damages resulting from asbestos-related disease if the contractor:

�� (a) Used or installed products containing asbestos pursuant to plans, specifications or directions prepared for a project by or on behalf of the owner of the project;

�� (b) Is not the manufacturer or distributor of the products containing asbestos; and

�� (c) Did not furnish the products containing asbestos independent of the provision of labor.

�� (4) Subsection (3) of this section does not affect a plaintiff�s ability to bring a product liability civil action against a contractor if:

�� (a) The contractor substituted a product containing asbestos on a project when the plans, specifications or directions for the project prepared by or on behalf of the owner did not specify the use or installation of a product containing asbestos; and

�� (b) The owner or the owner�s representative did not expressly direct or consent to the substitution of the product containing asbestos. [1987 c.4 �3; 2005 c.740 �1; 2009 c.485 �7]

�� 30.908 Action arising out of injury from breast implants; limitations. (1) Notwithstanding ORS 30.020, a product liability civil action for death, injury or damage resulting from breast implants containing silicone, silica or silicon as a component must be commenced not later than two years after the date on which the plaintiff first discovered, or in the exercise of reasonable care should have discovered:

�� (a) The death or specific injury, disease or damage for which the plaintiff seeks recovery;

�� (b) The tortious nature of the act or omission of the defendant that gives rise to a claim for relief against the defendant; and

�� (c) All other elements required to establish plaintiff�s claim for relief.

�� (2) A product liability civil action for death, injury or damage resulting from breast implants containing silicone, silica or silicon as a component is not subject to ORS 30.905 or any other statute of limitation or statute of ultimate repose in Oregon Revised Statutes.

�� (3) For the purposes of subsection (1) of this section, an action for wrongful death must be commenced not later than two years after the earliest date that the discoveries required by subsection (1) of this section are made by any of the following persons:

�� (a) The decedent;

�� (b) The personal representative for the decedent; or

�� (c) Any person for whose benefit the action could be brought.

�� (4) Subsections (1) to (3) of this section do not apply to a person that supplied component parts or raw materials to manufacturers of breast implants containing silicone, silica or silicon as a component, and the person shall remain subject to the limitations on actions imposed by ORS 30.020 and 30.905, if:

�� (a) The person did not manufacture breast implants containing silicone, silica or silicon as a component at any time; and

�� (b) The person was not owned by and did not own a business that manufactured breast implants containing silicone, silica or silicon as a component at any time.

�� (5) A health care facility licensed under ORS chapter 441 is not a manufacturer, distributor, seller or lessor of a breast implant for the purposes of ORS 30.900 to 30.920 if the implant is provided by the facility to a patient as part of a medical implant procedure. [1993 c.259 ��4,5; 2007 c.71 �10; 2009 c.485 �10; 2011 c.9 �3]

�� 30.910 Product disputably presumed not unreasonably dangerous. It is a disputable presumption in a products liability civil action that a product as manufactured and sold or leased is not unreasonably dangerous for its intended use. [1977 c.843 �2]

�� 30.915 Defenses. It shall be a defense to a product liability civil action that an alteration or modification of a product occurred under the following circumstances:

�� (1) The alteration or modification was made without the consent of or was made not in accordance with the instructions or specifications of the manufacturer, distributor, seller or lessor;

�� (2) The alteration or modification was a substantial contributing factor to the personal injury, death or property damage; and

�� (3) If the alteration or modification was reasonably foreseeable, the manufacturer, distributor, seller or lessor gave adequate warning. [1977 c.843 �4]

�� 30.920 When seller or lessor of product liable; effect of liability rule. (1) One who sells or leases any product in a defective condition unreasonably dangerous to the user or consumer or to the property of the user or consumer is subject to liability for physical harm or damage to property caused by that condition, if:

�� (a) The seller or lessor is engaged in the business of selling or leasing such a product; and

�� (b) The product is expected to and does reach the user or consumer without substantial change in the condition in which it is sold or leased.

�� (2) The rule stated in subsection (1) of this section shall apply, even though:

�� (a) The seller or lessor has exercised all possible care in the preparation and sale or lease of the product; and

�� (b) The user, consumer or injured party has not purchased or leased the product from or entered into any contractual relations with the seller or lessor.

�� (3) It is the intent of the Legislative Assembly that the rule stated in subsections (1) and (2) of this section shall be construed in accordance with the Restatement (Second) of Torts sec. 402A, Comments a to m (1965). All references in these comments to sale, sell, selling or seller shall be construed to include lease, leases, leasing and lessor.

�� (4) Nothing in this section shall be construed to limit the rights and liabilities of sellers and lessors under principles of common law negligence or under ORS chapter 72. [1979 c.866 �2]

�� 30.925 Punitive damages. (1) In a product liability civil action, punitive damages shall not be recoverable except as provided in ORS 31.730.

�� (2) Punitive damages, if any, shall be determined and awarded based upon the following criteria:

�� (a) The likelihood at the time that serious harm would arise from the defendant�s misconduct;

�� (b) The degree of the defendant�s awareness of that likelihood;

�� (c) The profitability of the defendant�s misconduct;

�� (d) The duration of the misconduct and any concealment of it;

�� (e) The attitude and conduct of the defendant upon discovery of the misconduct;

�� (f) The financial condition of the defendant; and

�� (g) The total deterrent effect of other punishment imposed upon the defendant as a result of the misconduct, including, but not limited to, punitive damage awards to persons in situations similar to the claimant�s and the severity of criminal penalties to which the defendant has been or may be subjected. [1979 c.866 �3; 1995 c.688 �4]

�� 30.927 When manufacturer of drug not liable for punitive damages; exceptions. (1) Where a drug allegedly caused the plaintiff harm, the manufacturer of the drug shall not be liable for punitive damages if the drug product alleged to have caused the harm:

�� (a) Was manufactured and labeled in relevant and material respects in accordance with the terms of an approval or license issued by the federal Food and Drug Administration under the Federal Food, Drug and Cosmetic Act or the Public Health Service Act; or

�� (b) Is generally recognized as safe and effective pursuant to conditions established by the federal Food and Drug Administration and applicable regulations, including packaging and labeling regulations.

�� (2) Subsection (1) of this section does not apply if the plaintiff proves, in accordance with the standard of proof set forth in ORS 30.925 (1), that the defendant, either before or after making the drug available for public use, knowingly in violation of applicable federal Food and Drug Administration regulations withheld from or misrepresented to the agency or prescribing physician information known to be material and relevant to the harm which the plaintiff allegedly suffered.

�� (3) Nothing contained in this section bars an award of punitive damages where a manufacturer of a drug intentionally fails to conduct a recall required by a valid order of a federal or state agency authorized by statute to require such a recall.

�� (4) For the purposes of this section, the term �drug� has the meaning given to the term in section 1201 (g)(1) of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 321 (g)(1). [1987 c.774 �5]

�� Note: Sections 1 and 2, chapter 536, Oregon Laws 2007, provide:

�� Sec. 1. (1) As used in this section, �COX-2 inhibitor� means a medication that is intended to inhibit the enzyme known as cyclooxygenase-2.

�� (2) A civil action for injury, including any product liability action under ORS 30.900 to

ORS 679.176

679.176. Any person who has been so enjoined may be punished for contempt by the court issuing the injunction. An injunction may be issued without proof of actual damage sustained by any person. An injunction shall not relieve a person from criminal prosecution for violation of any provision of ORS 679.020,

ORS 681.700

681.700 to 681.730 or the rules adopted pursuant to ORS 681.700 to 681.730. [2019 c.456 �42]

�� Note: 681.733 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 681 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

ART THERAPISTS

�� 681.740 Definitions for ORS 681.740 to 681.758. As used in ORS 681.740 to 681.758:

�� (1) �Art therapy� means the integrated use of psychotherapeutic principles, visual art media and the creative process to assist clients in increasing awareness of self and others, coping with symptoms, stress and traumatic experiences, enhancing cognitive abilities and identifying and implementing therapeutic interventions to meet developmental, behavioral, cognitive and emotional needs.

�� (2) �Board certified art therapist� means a person who is credentialed by the Art Therapy Credentials Board, Inc., or its successor organization, as a board certified art therapist.

�� (3) �Licensed art therapist� means a person who is licensed by the Health Licensing Office to practice art therapy under ORS 681.743.

�� (4) �Licensed certified art therapist� means a person who is licensed by the office to practice art therapy under ORS 681.746.

�� (5) �Practice of art therapy� means to engage professionally and for compensation in providing art therapy services that include, but are not limited to:

�� (a) Evaluation during client sessions;

�� (b) Using treatment activities that provide clients with opportunities for expression through the creative process;

�� (c) Using art therapy assessment methods to determine treatment goals and implement therapeutic art interventions to meet clients� developmental, emotional and mental needs; and

�� (d) Employing art media, the creative process and the resulting artwork to assist clients in coping with and reducing psychiatric symptoms, including anxiety, attachment disorders, depression and post-traumatic stress, enhancing neurological, cognitive and verbal abilities and promoting appropriate skills development.

�� (6) �Provisional licensed art therapist� means a person who is licensed by the office to practice art therapy under ORS 681.748.

�� (7) �Registered art therapist� means a person who is credentialed by the Art Therapy Credentials Board, Inc., or its successor organization, as a registered art therapist. [2017 c.155 �1; 2025 c.213 �3]

�� Note: 681.740 to 681.758 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 681 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 681.743 Licensed art therapist; fees. The Health Licensing Office may issue a license to engage in the practice of art therapy as a licensed art therapist to an applicant who:

�� (1) Is at least 18 years of age;

�� (2) Has received at least a master�s degree from a program accepted by the Art Therapy Credentials Board, Inc., or its successor organization, and approved by the office;

�� (3) Submits sufficient proof, as determined by the office, of:

�� (a) Having completed two years of supervised mental health practice as a provisional licensed art therapist;

�� (b) As approved by the office by rule, satisfying the requirements to be credentialed as a registered art therapist by the Art Therapy Credentials Board, Inc., or its successor organization; and

�� (c) Being in good standing in any other states where the applicant is authorized to practice art therapy; and

�� (4) Pays a licensure fee. [2017 c.155 �2; 2019 c.456 �44; 2025 c.213 �4]

�� Note: Section 11, chapter 213, Oregon Laws 2025, provides:

�� Sec. 11. The amendments to ORS 681.743 and

ORS 681.746

681.746 by sections 4 and 5 of this 2025 Act apply to individuals who apply for licensure under ORS 681.743 or 681.746 on or after January 1, 2028. [2025 c.213 �11]

�� Note: See note under 681.740.

�� 681.746 Licensed certified art therapist; fees. The Health Licensing Office may issue a license to engage in the practice of art therapy as a licensed certified art therapist to an applicant who:

�� (1) Is at least 18 years of age;

�� (2) Has received at least a master�s degree from a program accepted by the Art Therapy Credentials Board, Inc., or its successor organization, and approved by the office;

�� (3) Submits sufficient proof, as determined by the office, of:

�� (a) Having completed two years of supervised mental health practice as a provisional licensed art therapist;

�� (b) As approved by the office by rule, satisfying the requirements as a board certified art therapist by the Art Therapy Credentials Board, Inc., or its successor organization; and

�� (c) Being in good standing in any other states where the applicant is authorized to practice art therapy; and

�� (4) Pays a licensure fee. [2017 c.155 �3; 2019 c.456 �45; 2025 c.213 �5]

�� Note: See first note under 681.743.

�� Note: See note under 681.740.

�� 681.748 Provisional licensed art therapist; fees; eligibility for other licensure. (1) The Health Licensing Office may issue a license to engage in the practice of art therapy as a provisional licensed art therapist to an applicant who:

�� (a) Is at least 18 years of age;

�� (b) Has received at least a master�s degree from a program accepted by the Art Therapy Credentials Board, Inc., or its successor organization, and approved by the office;

�� (c) Submits sufficient proof, as determined by the office, of:

�� (A) As approved by the office by rule, satisfying the requirements as a provisional registered art therapist by the Art Therapy Credentials Board, Inc., or its successor organization;

�� (B) Engagement in a supervisory relationship with a qualified supervisor; and

�� (C) Being in good standing in any other states where the applicant is authorized to practice art therapy; and

�� (d) Pays a licensure fee.

�� (2) A provisional licensed art therapist may apply to the office for a license under ORS 681.743 or 681.746 once the provisional licensed art therapist:

�� (a) Completes two years of supervised mental health practice, as defined by the Art Therapy Credentials Board, Inc., or its successor organization, and approved by the office by rule; and

�� (b) Meets other requirements established by the office by rule. [2025 c.213 �2]

�� Note: See note under 681.740.

�� 681.749 Compliance with rules; permitted actions. (1) A licensed art therapist, a licensed certified art therapist and a provisional licensed art therapist shall comply with the rules adopted by the Health Licensing Office pursuant to ORS 681.758.

�� (2) A licensed art therapist, licensed certified art therapist or provisional licensed art therapist may, in accordance with that person�s education and training, administer and use appropriate assessment instruments to measure and treat a client�s affective, behavioral and cognitive disorders or problems. A licensed art therapist, licensed certified art therapist or provisional licensed art therapist shall refer a client who presents with a disorder or problem that is beyond the education and training of the licensed art therapist, licensed certified art therapist or provisional licensed art therapist to a licensed health care practitioner qualified to treat that disorder or problem.

�� (3) A licensed art therapist, licensed certified art therapist or provisional licensed art therapist may perform psychological or other assessments or testing designed to diagnose or measure mental illness only if the licensed art therapist, licensed certified art therapist or provisional licensed art therapist has formal training regarding the assessment or test, including in the performance, use and ethical administration of the assessment or test and the interpretation of the results of the assessment or test. [2017 c.155 �4; 2019 c.456 �46; 2025 c.213 �6]

�� Note: See note under 681.740.

�� 681.752 Unauthorized practice of art therapy or use of title �art therapist�; exemptions. (1) A person may not engage in the practice of art therapy, purport to be engaged in the practice of art therapy or use a title, word or abbreviation, including �art therapist,� to indicate or imply that the person is authorized or qualified to engage in the practice of art therapy unless the person is licensed under ORS

ORS 682.017

682.017 in 2003]

�� 682.216 Issuance of licenses; fees; provisional license; license by indorsement; continuing education; renewal; rules; driver license requirement. (1) When application has been made as required under ORS 682.208, the Oregon Health Authority shall license the applicant as an emergency medical services provider if it finds:

�� (a) The applicant has successfully completed a training course approved by the authority.

�� (b) The applicant meets the physical and mental qualifications required under ORS 682.208.

�� (c) No matter has been brought to the attention of the authority which would disqualify the applicant.

�� (d) A nonrefundable fee has been paid to the authority pursuant to ORS 682.212.

�� (e) The applicant for an emergency medical services provider license:

�� (A) Is 18 years of age or older if the applicant is applying for a license at a level higher than emergency medical responder; or

�� (B) Is 16 years of age or older if the applicant is applying for a license at the emergency medical responder level.

�� (f) The applicant has successfully completed examination as prescribed by the authority.

�� (g) The applicant meets other requirements prescribed by rule of the authority.

�� (2) The authority may provide for the issuance of a provisional license for emergency medical services providers.

�� (3) The authority may issue an emergency medical services provider license by indorsement without proof of completion of an approved training course to an emergency medical services provider who is licensed to practice emergency care in another state of the United States or a foreign country if, in the opinion of the authority, the applicant meets the requirements for licensure in this state and can demonstrate to the satisfaction of the authority competency to practice emergency care. The authority is the sole judge of credentials of any emergency medical services provider applying for licensure without proof of completion of an approved training course.

�� (4) A person licensed under this section shall submit, at the time of application for renewal of the license to the authority, evidence of the applicant�s satisfactory completion of an authority approved program of continuing education and other requirements prescribed by rule by the authority.

�� (5) The authority shall prescribe criteria and approve programs of continuing education in emergency and nonemergency care to meet the requirements of this section.

�� (6) The authority shall include a fee pursuant to ORS 682.212 for late renewal and for issuance of any duplicate license. Each license issued under this section, unless sooner suspended or revoked, expires and is renewable after a period of two years. Each license must be renewed on or before June 30 of every second year or on or before such date as may be specified by authority rule. The authority by rule shall establish a schedule of license renewals under this subsection and shall prorate the fees to reflect any shorter license period.

�� (7) Nothing in this chapter authorizes an emergency medical services provider to operate an ambulance without a driver license as required under the Oregon Vehicle Code. [Formerly

ORS 682.062

682.062 in 2003]

�� 682.208 License; training and educational requirements. (1) A person desiring to be licensed as an emergency medical services provider shall submit an application for licensure to the Oregon Health Authority. The application must be upon forms prescribed by the authority and must contain:

�� (a) The name and address of the applicant.

�� (b) The name and location of the training course successfully completed by the applicant and the date of completion.

�� (c) Evidence that the authority determines is satisfactory to prove that the applicant�s physical and mental health is such that it is safe for the applicant to act as an emergency medical services provider.

�� (d) Other information as the authority may reasonably require to determine compliance with applicable provisions of this chapter and the rules adopted under this chapter.

�� (2) The application must be accompanied by proof as prescribed by rule of the authority of the applicant�s successful completion of a training course approved by the authority and, if an extended period of time has elapsed since the completion of the course, of a satisfactory amount of continuing education.

�� (3) The authority shall adopt a schedule of minimum educational requirements in emergency and nonemergency care for emergency medical services providers. A course approved by the authority must be designed to protect the welfare of out-of-hospital patients, to promote the health, well-being and saving of the lives of such patients and to reduce their pain and suffering. [Formerly 682.145; 2009 c.595 �1083; 2011 c.703 �10; 2017 c.21 �72; 2019 c.456 �54]

�� 682.210 [Renumbered 677.880]

�� 682.212 Application fee; examination fee. (1) An applicant for an emergency medical services provider license shall submit a nonrefundable application fee with the initial application. In addition, an applicant shall submit a nonrefundable examination fee for the following purposes:

�� (a) Emergency medical services provider written examination;

�� (b) Emergency medical services provider practical examination; and

�� (c) A fee deemed necessary by the Oregon Health Authority to cover the fee charged by the national examination agency or other examination service utilized by the authority for the purpose of examining candidates for an emergency medical services provider license.

�� (2) Subject to the review of the Oregon Department of Administrative Services, the fees and charges established under this section may not exceed the cost of administering the regulatory program of the authority pertaining to the purpose for which the fee or charge is established, as authorized by the Legislative Assembly for the authority�s budget, as the budget may be modified by the Emergency Board.

�� (3) All moneys received by the authority under this chapter shall be paid into the General Fund in the State Treasury and placed to the credit of the authority account and such moneys hereby are appropriated continuously to the authority and shall be used only for the administration and enforcement of this chapter. [Formerly

ORS 682.400

682.400 (3). Moneys in the fund are continuously appropriated to the authority for the purposes of:

�� (a) Providing grants to emergency medical services providers for innovative ambulance programs;

�� (b) Funding the state medical assistance program, including but not limited to increasing reimbursement rates for emergency medical services transports; and

�� (c) Administering ORS 682.400.

�� (2) Interest earned by the fund shall be credited to the fund. [2021 c.623 �2]

�� Note: See note under 682.400.

�� Note: Section 8, chapter 623, Oregon Laws 2021, provides:

�� Sec. 8. The Oregon Health Authority shall immediately notify the Legislative Counsel if the Centers for Medicare and Medicaid Services approves or disapproves, in whole or in part, a request for approval to administer the program described in section 1 of this 2021 Act [682.400]. [2021 c.623 �8]

(Police Dogs)

�� 682.410 Emergency transportation of police dog. (1) Notwithstanding any local law to the contrary, an emergency medical services provider may provide emergency transportation for treatment to a police dog that is injured in the line of duty, provided that such transportation for treatment does not delay or otherwise interfere with the emergency transportation for treatment of any human.

�� (2) As used in this section, �police dog� means a dog owned or used by a law enforcement unit, as defined in ORS 181A.355, in the course of the law enforcement unit�s work. [2021 c.122 �2]

(Organ Transport Vehicles)

�� 682.415 Organ transport vehicle license; driver requirements; rules. (1) An organ transport vehicle may not operate in this state unless the organ transport vehicle is licensed under this section.

�� (2) The Oregon Health Authority shall issue an organ transport vehicle license to an organ procurement organization, as defined in ORS 97.953, that:

�� (a) Applies to the authority as required by the authority by rule;

�� (b) Demonstrates that the organ transport vehicle to be licensed is clearly and identifiably marked on all sides of the vehicle as an organ transport vehicle; and

�� (c) Provides proof of commercial general liability insurance in the amount of $5 million, automobile liability insurance in the amount of $5 million and an umbrella policy of $2 million.

�� (3) Only a person who meets the requirements of this subsection and who is employed or contracted by an organ procurement organization licensed under this section may drive an organ transport vehicle. In order to drive an organ transport vehicle, a person must:

�� (a) Be at least 25 years of age;

�� (b) Be a current, former or retired police officer, firefighter or emergency medical services provider;

�� (c) Have a minimum of five years of experience operating an official police vehicle, fire department vehicle or ambulance under emergency conditions;

�� (d) Hold a valid driver license;

�� (e) Not have more than one traffic offense that was committed while driving a motor vehicle, not including parking violations, in any three-year period;

�� (f) Pass an emergency vehicle operators course and a defensive drivers course approved by the authority; and

�� (g) Meet any other requirements established by the authority by rule, including rules related to state or nationwide criminal records checks conducted under ORS

ORS 684.092

684.092 and that the annual registration fee will be due on or before the renewal date next following.

�� (4) The annual registration fee is payable only by personal, corporate or certified check, money order, credit card or other electronic method.

�� (5) If a person holding a license or certificate to practice under this chapter fails to pay the annual registration fee and to show compliance with or exemption from the requirement of ORS 684.092 before the renewal date, the license or certificate expires 30 days after the renewal date.

�� (6)(a) A license or certificate that is not renewed on time may not be renewed except:

�� (A) Upon written application and payment to the board of a fee established by the board by rule for the late renewal of the license or certificate; and

�� (B) Upon compliance with or exemption from the requirements of ORS 684.092.

�� (b) A licensee who pays the annual renewal fee and shows compliance or exemption within 12 months of the expiration date of the license may not be required to submit to an examination for the reissuance of a license. [Amended by 1957 c.40 �1; 1969 c.191 �8; 1971 c.14 �2; 1974 c.48 �1; 1975 c.492 �4; 1989 c.805 �3; 1991 c.300 �5; 1991 c.892 �6; 1995 c.493 �5; 1997 c.264 �8; 2001 c.598 �2; 2001 c.745 �1; 2007 c.618 �4; 2013 c.514 �5]

�� 684.092 Completion of continuing education and pain management program required; exemptions. (1) Except as provided in subsection (3) of this section, a chiropractic physician submitting a fee under ORS 684.090 shall, at the same time, verify with satisfactory evidence the successful completion of approved continuing chiropractic education during the preceding 12-month period as provided in subsection (2) of this section and completion, or documentation of completion within the previous 36 months, of:

�� (a) A one-hour pain management education program approved by the State Board of Chiropractic Examiners and developed based on recommendations of the Pain Management Commission; or

�� (b) An equivalent pain management education program, as determined by the board.

�� (2) A chiropractic physician submitting a fee under ORS 684.090 shall verify completion during the previous 12-month period of:

�� (a) At least 20 hours of approved continuing chiropractic education, for a person actively practicing chiropractic.

�� (b) At least six hours of approved continuing chiropractic education, for an active senior.

�� (3) The State Board of Chiropractic Examiners may exempt a chiropractic physician from the requirements of subsection (1) of this section upon an application by the chiropractic physician showing by evidence satisfactory to the board that the chiropractic physician is unable to comply with the requirements because of unusual or extenuating circumstances or because no program has been approved by the board. [1969 c.191 �5; 1995 c.79 �345; 1995 c.493 �6; 1997 c.264 �9; 2001 c.987 �16; 2007 c.618 �5; 2021 c.50 �8]

�� 684.094 Procedure for approving continuing education courses. (1) The State Board of Chiropractic Examiners shall require a person seeking approval of a program of continuing chiropractic education to submit proof that the course complies with the continuing education requirements established by the board.

�� (2) The board may approve any program covering new, review, experimental, research or specialty subjects in the field of chiropractic to be presented by persons reasonably qualified to do so.

�� (3) Approval granted to a program under subsection (2) of this section shall be reviewed periodically and approval shall be withdrawn from a program that fails to meet the requirements of the board. [1969 c.191 �6; 1991 c.892 �15; 1995 c.493 �7; 1997 c.264 �10]

�� 684.100 Grounds for discipline of licensee or refusal to license; restoration; suspension; competency examinations; confidential information. (1) The State Board of Chiropractic Examiners may refuse to grant a license to any applicant or may discipline a person upon any of the following grounds:

�� (a) Fraud or misrepresentation.

�� (b) The practice of chiropractic under a false or assumed name.

�� (c) The impersonation of another practitioner of like or different name.

�� (d) A conviction of a felony or misdemeanor involving moral turpitude. A copy of the record of conviction, certified to by the clerk of the court entering the conviction, is conclusive evidence of the conviction.

�� (e) Impairment as defined in ORS 676.303.

�� (f) Unprofessional or dishonorable conduct, including but not limited to:

�� (A) Any conduct or practice contrary to recognized standard of ethics of the chiropractic profession or any conduct or practice that does or might constitute a danger to the health or safety of a patient or the public or any conduct, practice or condition that does or might adversely affect a physician�s ability safely and skillfully to practice chiropractic.

�� (B) Willful ordering or performance of unnecessary laboratory tests or studies; administration of unnecessary treatment; failure to obtain consultations or perform referrals when failing to do so is not consistent with the standard of care; or otherwise ordering or performing any chiropractic service, X-ray or treatment that is contrary to recognized standards of practice of the chiropractic profession.

�� (C) Gross malpractice or repeated malpractice.

�� (g) Failing to notify the board of a change in location of practice as provided in ORS

ORS 685.020

685.020 if that physician:

�� (a) Is practicing in Oregon on a temporary assignment for specific educational events not to exceed 15 days in a calendar year; and

�� (b) Is actively engaged in the practice of naturopathic medicine in the jurisdiction in which the person is licensed.

�� (2) A naturopathic physician granted an exemption under subsection (1) of this section:

�� (a) Must comply with the provisions of this chapter and rules adopted by the board governing the practice of naturopathic medicine; and

�� (b) Is subject to the disciplinary authority of the board under ORS 685.110 for any violation of the provisions of this chapter and of rules adopted by the board.

�� (3) The board may refuse to grant or may revoke an exemption of a naturopathic physician for a violation of the provisions of this chapter or of rules adopted by the board. [2007 c.427 �3; 2009 c.43 �17]

�� Note: 685.091 was added to and made a part of ORS chapter 685 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 685.100 License certificate; renewal of license; rules; fees; inactive license. (1) Upon approval of an application for a licensure, the Oregon Board of Naturopathic Medicine shall issue a license certificate that shall be displayed at all times in the office of the person to whom it was issued while the license is active.

�� (2) A person holding an active license issued under this chapter may apply to the board for license renewal. A completed renewal application consists of:

�� (a) A completed board renewal form containing any information required by the board to determine the applicant�s eligibility for license renewal;

�� (b) Proof of compliance with continuing education requirements set by the board; and

�� (c) Payment of the active license renewal fee established by the board under subsection (8) of this section.

�� (3) Failure to submit a completed renewal application annually by December 31, or by such date as may be specified by board rule, results in the lapse of the license. A lapsed license may be restored by the board upon receipt, not more than 30 days after the license lapses, of a completed renewal application and payment of the restoration fee under subsection (8) of this section.

�� (4) A license that has lapsed for more than one month may be restored by the board upon payment of the restoration fee established by the board and submission of a completed renewal application and any other information required by the board.

�� (5) A person holding an active license under this chapter may convert the license to inactive status by meeting the requirements set by rule of the board and paying any required fees. A person holding a license issued under this chapter who is at least 70 years of age and retired from the practice of naturopathic medicine may convert the license to retired status by meeting the requirements set by rule of the board and paying any required fees.

�� (6)(a) A person who chooses to allow a license to become inactive may file a written application to reactivate a license that has been inactive for one year or less by paying the restoration fee and the renewal fee for an active license and demonstrating compliance with ORS 685.102. A fee paid to place the license in inactive status may not be credited toward payment of the renewal fee for an active license. The board may prorate the renewal fee.

�� (b) A person who chooses to allow a license to become inactive may file a written application to reactivate a license that has been inactive for more than one year by paying the renewal fee for an active license and demonstrating compliance with the continuing education requirement set by rule of the board under ORS 685.102 (6). The board may prorate the renewal fee.

�� (7) The executive director of the board shall issue a renewal notice to each person holding a license under this chapter at least 60 days before the renewal application is due.

�� (8) The board shall assess fees for:

�� (a) An initial license.

�� (b) Examination.

�� (c) Renewal of an active license.

�� (d) Yearly renewal of an inactive or retired license.

�� (e) Restoration of an inactive, lapsed or revoked license.

�� (f) A certificate of special competency in natural childbirth.

�� (g) A duplicate license.

�� (h) A wall certificate.

�� (i) Copies of public documents, mailing labels, lists and diskettes.

�� (9) Subject to prior approval of the Oregon Department of Administrative Services, the fees and charges established under this section may not exceed the cost of administering the regulatory program of the board pertaining to the purpose for which the fee or charge is established, as authorized by the Legislative Assembly within the board�s budget, as the budget may be modified by the Emergency Board. [Amended by 1967 c.44 �2; 1969 c.26 �2; 1969 c.381 �6; 1973 c.182 �5; 1983 c.281 �2; 1985 c.624 �9; 1991 c.703 �28; 1997 c.628 �1; 1999 c.479 �1; 2001 c.526 �4; 2003 c.154 �3; 2007 c.327 �4; 2007 c.768 �48a; 2009 c.43 �18; 2023 c.602 �25]

�� 685.102 Continuing education required; exemptions; rules. (1) Except as provided in subsections (2) and (5) of this section, each person holding a license under this chapter shall submit annually by December 31, evidence satisfactory to the Oregon Board of Naturopathic Medicine of successful completion of an approved program of continuing education of at least 25 hours in naturopathic medicine, completed in the calendar year preceding the date on which the evidence is submitted, and completion during the renewal period, or documentation of completion within the previous 36 months, of:

�� (a) A pain management education program approved by the board and developed based on recommendations of the Pain Management Commission; or

�� (b) An equivalent pain management education program, as determined by the board.

�� (2) The board may exempt any person holding a license under this chapter from the requirements of subsection (1) of this section upon application showing evidence satisfactory to the board of inability to comply with the requirements because of physical or mental condition or because of other unusual or extenuating circumstances. However, a person may not be exempted from the requirements of subsection (1) of this section more than once in any five-year period.

�� (3) Notwithstanding subsection (2) of this section, a person holding a license under this chapter may be exempted from the requirements of subsection (1) of this section upon application showing evidence satisfactory to the board that the applicant is or will be in the next calendar year at least 70 years of age and is retired or will retire in the next calendar year from the practice of naturopathic medicine.

�� (4) The board shall require licensees to obtain continuing education for the use of pharmacological substances for diagnostic, preventive and therapeutic purposes in order to maintain current licensure.

�� (5) A person whose license is in inactive status must submit by December 31 of each year evidence satisfactory to the board of completion of 10 hours of approved continuing education in the calendar year preceding the date on which the evidence is submitted.

�� (6) Notwithstanding subsections (1), (2) and (5) of this section, in the case of an applicant under ORS 685.100 (6)(b) for reactivation of an inactive license, the continuing education requirement for reactivation shall be set by rule of the board. [1969 c.381 �2; 1973 c.829 �67; 1985 c.624 �10; 1993 c.55 �2; 1997 c.628 �2; 1999 c.479 �2; 2001 c.987 �17; 2003 c.154 ��4,5; 2007 c.327 �5; 2009 c.43 �19; 2021 c.50 �9]

�� 685.104 Effect of failure to comply with ORS 685.102; fees; reissuance of registration. (1) The Oregon Board of Naturopathic Medicine shall refuse to issue the certificate of registration to any person holding a license under this chapter who fails to submit with any fees due the proof required under ORS 685.102, unless the board has exempted the person from the requirements of ORS 685.102 (1). The board shall return any fees submitted by a person that fails to submit proof required under ORS

ORS 685.102

685.102 for the year beginning January 1, such completion does not meet the requirements of ORS 685.102 for the subsequent year. [1969 c.381 �3; 1973 c.182 �6; 1985 c.624 �11; 1997 c.629 �1; 2007 c.327 �6; 2009 c.43 �20]

�� 685.106 Approval of continuing education programs. (1) The Oregon Board of Naturopathic Medicine may offer a program of continuing education in naturopathic medicine to meet the requirements of ORS 685.102. The board may also approve a program to be presented by persons reasonably qualified to do so.

�� (2) Any person seeking approval of a program of continuing education in naturopathic medicine, to be offered to assist persons holding licenses under this chapter to comply with the requirements of ORS 685.102 (1), shall submit to the board, at such time as the board may require, a copy of the program to be offered and proof of such other qualifications as the board may require. Approval granted to any program of continuing education shall be reviewed periodically and approval may be withdrawn from any program that fails to meet the requirements of the board.

�� (3) Any program of continuing education in naturopathic medicine offered or approved under this section shall consist of study covering new, review, experimental, research and specialty subjects in the field of naturopathic medicine. [1969 c.381 �4; 1985 c.624 �12; 2009 c.43 �21; 2021 c.50 �10]

�� 685.110 Grounds for discipline; penalties. The Oregon Board of Naturopathic Medicine may refuse to grant a license, may suspend or revoke a license, may limit a license, may impose probation, may issue a letter of reprimand and may impose a civil penalty not to exceed $5,000 for each offense for any of the following reasons:

�� (1) Making misleading, deceptive or fraudulent representations in applying for a license.

�� (2) Impersonating another physician.

�� (3) Practicing naturopathic medicine under an assumed name.

�� (4) Performing an abortion.

�� (5) Being convicted of a crime involving moral turpitude.

�� (6) Any other reason that renders the applicant or licensee unfit to perform the duties of a naturopathic physician.

�� (7) Being convicted of a crime relating to practice of naturopathic medicine, unless the conviction is solely the result of providing a reproductive or gender-affirming health care service that is otherwise lawful in this state but unlawful in the jurisdiction in which the person provided the service, so long as the service provided was performed in accordance with the standard of care applicable to the service.

�� (8) Committing negligence related to the practice of naturopathic medicine.

�� (9) Having an impairment as defined in ORS 676.303.

�� (10) Prescribing or dispensing drugs outside the scope of practice.

�� (11) Obtaining a fee through fraud or misrepresentation.

�� (12) Committing gross or repeated malpractice.

�� (13) Representing to a patient that a manifestly incurable condition of sickness, disease or injury can be permanently cured.

�� (14) Engaging in any conduct or practice contrary to a recognized standard of ethics of the profession or any conduct or practice that does or might constitute a danger to the health or safety of a patient or the public or any conduct, practice or condition that does or might adversely affect a naturopathic physician�s ability to practice naturopathic medicine safely and skillfully.

�� (15) Willfully and consistently utilizing any naturopathic service, X-ray equipment or treatment contrary to recognized standards of practice of the naturopathic profession.

�� (16) Failing to notify the board within 30 days of a change in the location of practice or of mailing address.

�� (17) Attempting to practice naturopathic medicine or practicing or claiming to practice naturopathic medicine or any of its components in this state without first complying with the provisions of this chapter.

�� (18) Having a license to practice naturopathic medicine in another jurisdiction suspended or revoked, unless the suspension or revocation is solely the result of providing a reproductive or gender-affirming health care service that is otherwise lawful in this state but unlawful in the jurisdiction in which the person provided the service, so long as the service was performed in accordance with the standard of care applicable to the service.

�� (19) Employing unlicensed persons to practice naturopathic medicine.

�� (20) Practicing natural childbirth without first obtaining a certificate of special competency.

�� (21) Failing to respond in a timely manner to a request for information regarding a complaint or the investigation of a complaint by the board.

�� (22) Failing to pay a civil penalty in the time specified by the order imposing the penalty.

�� (23) Engaging in sexual misconduct.

�� (24) Failing to maintain required confidentiality.

�� (25) Providing substandard care as a naturopathic physician through a deliberate or negligent act or failure to act, regardless of whether injury to a patient occurs as a result of the act or failure to act.

�� (26) Violating any provision of this chapter or rules adopted by the board. [Amended by 1953 c.555 �2; 1971 c.734 �132; 1985 c.624 �13; 1989 c.146 �3; 2001 c.526 �5; 2003 c.155 �1; 2009 c.43 �22; 2009 c.396 �1; 2009 c.756 �97; 2015 c.224 �4; 2023 c.228 �37; 2025 c.273 �1]

�� 685.112 Voluntary limitation on license; removal; limitations. A licensee or an applicant for licensure may request in writing to the Oregon Board of Naturopathic Medicine a voluntary limitation of a license to practice naturopathic medicine. The board may grant the request for a voluntary limitation and has the authority, if it deems appropriate, to attach conditions to the license of the licensee or to the license issued to the applicant within the provisions of ORS 685.060 to

ORS 685.110

685.110 and 685.135. Removal of a voluntary limitation of a license to practice naturopathic medicine is determined by the board. The board may not grant a voluntary limitation of a license to practice naturopathic medicine to a licensee who is under investigation by the board, who is on probation or whose license is under suspension. [2007 c.427 �2; 2009 c.43 �24]

�� 685.115 Confidential information; liability of person providing information. (1) Any information that the Oregon Board of Naturopathic Medicine obtains under ORS 685.225 is confidential as provided under ORS 676.175.

�� (2) Any person who in good faith provides information to the board is not subject to an action for civil damages as a result thereof. [1989 c.438 �6; 1997 c.791 �38; 2001 c.526 �8; 2009 c.43 �23]

�� 685.120 [Repealed by 1971 c.734 �21]

�� 685.125 Discipline procedure; rules. (1) The Oregon Board of Naturopathic Medicine shall give opportunity for hearing as provided in ORS chapter 183 when the board proposes to:

�� (a) Refuse to issue a license;

�� (b) Refuse to renew a license; or

�� (c) Impose any of the sanctions set forth in ORS 685.110.

�� (2) In accordance with applicable provisions of ORS chapter 183, the board may adopt rules necessary for the administration of the laws that the board is charged with administering. [1971 c.734 �134; 1985 c.624 �14; 2009 c.43 �25; 2009 c.396 �2]

�� 685.135 Certificate of special competency in natural childbirth; rules; fee. (1) A naturopath may not practice natural childbirth without first obtaining a certificate of special competency in natural childbirth in accordance with the provisions of this section.

�� (2) Upon payment of the fee required under ORS 685.100, the Oregon Board of Naturopathic Medicine shall issue a certificate of special competency in natural childbirth to a licensed naturopath who meets the requirements prescribed by the board to practice natural childbirth.

�� (3) The board may adopt rules applicable to specialty certification:

�� (a) Which establish education, training and qualifications necessary for certification.

�� (b) Which limit or restrict specialty practice.

�� (c) Which define the scope of the specialty practice.

�� (d) Which establish procedures for maintaining certification.

�� (4) Only those naturopaths wishing to practice natural childbirth shall be required to satisfy educational and examination standards in these areas. [1985 c.624 �19; 1999 c.479 �3; 2009 c.43 �26]

FORMULARY

�� 685.145 Council on Naturopathic Physicians Formulary; members; duties; compensation and expenses; rules. (1) The Council on Naturopathic Physicians Formulary is established. The council consists of seven members appointed as follows:

�� (a) One member of the Oregon Board of Naturopathic Medicine appointed by the Oregon Board of Naturopathic Medicine;

�� (b) One physician licensed by the Oregon Board of Naturopathic Medicine appointed by the Oregon Board of Naturopathic Medicine;

�� (c) Two pharmacists licensed by the State Board of Pharmacy appointed by the State Board of Pharmacy;

�� (d) One physician licensed by the Oregon Medical Board appointed by the Oregon Medical Board; and

�� (e) Two additional members appointed by the council who hold an advanced degree in a medical or pharmaceutical science.

�� (2) The chair of the council shall be elected by a majority of the members.

�� (3)(a) The council shall establish a formulary of drugs that may be administered or prescribed by a naturopathic physician. The council shall review the formulary periodically.

�� (b) A naturopathic physician may request that the council add a drug to the formulary by submitting an application in a form prescribed by the Oregon Board of Naturopathic Medicine. If the council determines that the drug may be beneficial in the practice of naturopathic medicine, the council may add the drug to the formulary.

�� (c) Immediately upon adoption or revision of the formulary, the council shall transmit the formulary to the board, which must adopt the formulary by rule.

�� (d) A naturopathic physician may only administer or prescribe drugs that are included in the formulary adopted by the board.

�� (4) The term of each member of the council is two years. A member shall serve until a successor is appointed. If a vacancy occurs, it shall be filled for the unexpired term by a person with the same qualifications as a retiring member.

�� (5) Any member of the council who fails to attend two consecutive meetings of the council whether regular or special shall forfeit office unless a member is prevented from attending by serious illness of the council member or a member of the council member�s family.

�� (6) Members of the council are entitled to compensation and expenses under ORS 292.495 payable from funds available to the Oregon Board of Naturopathic Medicine. [1989 c.945 �2 (1) to (6); 2007 c.428 �1; 2009 c.43 �27; 2009 c.420 �3]

BOARD

�� 685.160 Oregon Board of Naturopathic Medicine. (1) The Oregon Board of Naturopathic Medicine is created, consisting of seven members appointed by the Governor and subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. All members of the board must be residents of this state. Of the members of the board:

�� (a) Five must be naturopathic physicians who have each practiced continuously in this state for the five years immediately prior to the date of appointment.

�� (b) Two must be members of the general public who are not naturopathic physicians or a spouse, domestic partner, child, parent or sibling of a naturopathic physician.

�� (2)(a) The Governor may select the members of the board who must be naturopathic physicians from a list of three to five nominees for each vacancy, submitted by a professional organization representing naturopathic physicians.

�� (b) In selecting the members of the board, the Governor shall strive to balance board representation according to:

�� (A) Geographic areas of this state; and

�� (B) Ethnic group.

�� (3)(a) The term of office of each member is three years, but a member serves at the pleasure of the Governor. The terms must be staggered so that no more than three terms end each year. A member is eligible for reappointment, but a member may not serve for more than two consecutive full terms. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins immediately upon the expiration of the term of the current member. A majority of the members of the board constitutes a quorum. If there is a vacancy for any cause, the Governor shall appoint a member to serve for the remainder of the unexpired term.

�� (b) A member of the board shall be removed immediately from the board if, during the member�s term, the member:

�� (A) Is not a resident of this state;

�� (B) Has been absent from three consecutive board meetings, unless at least one absence is excused; or

�� (C) Was appointed under subsection (1)(a) of this section and is not a licensed naturopathic physician or a retired naturopathic physician who was a licensed naturopathic physician in good standing at the time of retirement.

�� (4) The board shall carry into effect the provisions of this chapter and is authorized to issue licenses to practice naturopathic medicine in this state and to adopt a common seal. [Amended by 1971 c.650 �34; 1973 c.792 �40; 1985 c.624 �15; 2003 c.156 �1; 2009 c.535 ��21,41; 2009 c.756 �57; 2015 c.173 �1]

�� 685.170 Chair of board; powers; records. Annually, the Oregon Board of Naturopathic Medicine shall elect one of its members chair. The chair shall have power during the term of office to summon witnesses, administer oaths and take testimony and affidavits. The executive director of the board or a designee of the executive director shall keep a record of all actions of the board, including a detailed register of applicants for a license. [Amended by 1973 c.829 �68; 1983 c.281 �3; 2003 c.154 �6; 2007 c.327 �7; 2009 c.43 �28; 2009 c.756 �58]

�� 685.180 [Repealed by 1973 c.829 �71]

�� 685.190 Compensation and expenses of board members. A member of the Oregon Board of Naturopathic Medicine is entitled to compensation and expenses as provided in ORS 292.495. The board may provide by rule for compensation to board members for the performance of official duties at a rate that is greater than the rate provided in ORS 292.495. [Amended by 1967 c.44 �3; 1969 c.314 �86; 1987 c.158 �143; 2009 c.535 �22]

�� 685.195 Authority of Oregon Board of Naturopathic Medicine to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Oregon Board of Naturopathic Medicine may require the fingerprints of a person who:

�� (1) Is employed or applying for employment by the board in a position in which the person has or will have access to information that is made confidential under state or federal laws, rules or regulations;

�� (2) Provides services or seeks to provide services to the board as a contractor, vendor or volunteer in a position in which the person has or will have access to information that is made confidential under state or federal laws, rules or regulations;

�� (3) Is applying for a license or certificate that is issued by the board;

�� (4) Is applying for renewal of a license or certificate that is issued by the board; or

�� (5) Is under investigation by the board. [2005 c.730 �58; 2009 c.43 �29]

�� Note: 685.195 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 685 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 685.200 [Amended by 1967 c.637 �32; repealed by 1973 c.427 �28 (685.201 enacted in lieu of 685.200)]

�� 685.201 Oregon Board of Naturopathic Medicine Account; disposition of receipts. The Oregon Board of Naturopathic Medicine Account is established in the State Treasury, separate and distinct from the General Fund. All moneys received by the Oregon Board of Naturopathic Medicine under this chapter shall be deposited into the account and are continuously appropriated to the board to be used only for the administration and enforcement of this chapter and ORS 676.850 and 676.860. Any interest or other income from moneys in the account shall be credited to the account. [1973 c.427 �29 (enacted in lieu of 685.200); 2005 c.726 �6; 2009 c.43 �30; 2013 c.240 �14; 2017 c.511 �10]

�� 685.205 [1989 c.146 �2; 1989 c.575 �5; 1997 c.791 �39; 2001 c.526 �9; 2009 c.43 �31; repealed by 2019 c.42 �1]

ENFORCEMENT

�� 685.210 Enforcement; jurisdiction. (1) The district attorneys of the state shall prosecute all persons charged with violation of any of the provisions of this chapter.

�� (2) Justice courts, municipal courts and circuit courts have concurrent jurisdiction for the prosecution of offenses under this chapter.

�� (3) The Oregon Board of Naturopathic Medicine, in its own name, may maintain an action for an injunction against any person violating ORS 685.020. A person who has been so enjoined may be punished for contempt by the court issuing the injunction. An injunction may be issued without proof of actual damage sustained by any person. An injunction does not relieve a person from criminal prosecution for violation of ORS 685.020 or from any other civil, criminal or disciplinary remedy. [Amended by 1985 c.624 �16; 2005 c.215 �1; 2009 c.43 �32]

�� 685.220 Report of suspected violation; confidentiality of violation report information; liability of supplier. (1) Any Oregon Board of Naturopathic Medicine licensee shall, and any other person may, report to the board any suspected violation of the provisions of this chapter.

�� (2) Information pertaining to the report required by subsection (1) of this section shall remain confidential as provided in ORS 676.165.

�� (3) Any person who reports or provides information to the board under this section in good faith shall not be subject to an action for civil damages as a result thereof. [1985 c.624 �20; 2009 c.43 �33]

�� 685.222 Duty to report prohibited conduct. Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, a naturopathic physician who has reasonable cause to believe that a licensee of another board has engaged in prohibited conduct as defined in ORS 676.150 shall report the prohibited conduct in the manner provided in ORS 676.150. [2009 c.536 �13]

�� 685.225 Investigation of complaints and alleged violations; subpoenas. (1) Upon the complaint of a resident of this state, or upon its own motion, the Oregon Board of Naturopathic Medicine may investigate an alleged violation of this chapter.

�� (2) In conducting investigations, the board may:

�� (a) Take evidence;

�� (b) Take depositions of witnesses, including the person under investigation, in the manner prescribed by law for depositions in civil actions;

�� (c) Compel the appearance of witnesses, including the person under investigation, in the manner prescribed by law for appearances in civil actions;

�� (d) Require answers to interrogatories; and

�� (e) Compel the production of books, papers, accounts, documents or testimony that pertains to the matter under investigation.

�� (3) In exercising its authority under subsection (2) of this section, the board or a designee of the board may issue subpoenas. [1989 c.843 �12; 2009 c.43 �34; 2013 c.83 �1; 2025 c.273 �2]

PENALTIES

�� 685.990 Penalties. (1) Violation of any provision of this chapter is a Class A misdemeanor.

�� (2)(a) In addition to any other sanctions authorized by law, the Oregon Board of Naturopathic Medicine may impose a civil penalty not to exceed $5,000 for each violation of any provision of this chapter, or of any rule adopted by the board.

�� (b) Civil penalties imposed under this subsection shall be imposed as provided in ORS

ORS 687.250

687.250, 687.895 and 687.991, the board may assess a civil penalty against a massage facility described in this subsection that removes a placard posted by the board in an amount not to exceed $100 per day during which the placard is removed. [Formerly 687.890; 2011 c.110 �4; 2013 c.409 �10; 2025 c.308 �7]

DIRECT ENTRY MIDWIVES

(Generally)

�� 687.405 �Direct entry midwifery� defined. As used in ORS 687.405 to 687.495, �direct entry midwifery� means providing the following services for compensation:

�� (1) Supervision of the conduct of labor and childbirth;

�� (2) Providing advice to a parent as to the progress of childbirth;

�� (3) Rendering prenatal, intrapartum and postpartum care; and

�� (4) Making newborn assessments. [1993 c.362 �1; 2011 c.650 �4; 2013 c.657 �12]

�� 687.410 When use of title authorized. A person may not use the title �licensed direct entry midwife,� any abbreviation thereof or the initials �L.D.M.� unless the person possesses an active license issued under ORS 687.405 to 687.495. [1993 c.362 �16; 2013 c.314 �25]

�� 687.415 Practice of direct entry midwifery without license prohibited; exceptions. (1) Except as provided in subsection (2) of this section, a person may not practice direct entry midwifery in this state unless the person holds a license to practice direct entry midwifery under ORS 687.405 to 687.495.

�� (2) A person may practice direct entry midwifery in this state without a license to practice direct entry midwifery if:

�� (a) The person is a licensed health care practitioner and the services described in ORS 687.405 are within the scope of the person�s license; or

�� (b)(A) The person is acting as a traditional midwife and does not use legend drugs or devices, the use of which requires a license under the laws of this state;

�� (B) The person does not advertise that the person is a midwife; and

�� (C) The person discloses to each client on a form adopted by the State Board of Direct Entry Midwifery by rule:

�� (i) That the person does not possess a professional license issued by the state;

�� (ii) That the person�s education and qualification have not been reviewed by the state;

�� (iii) That the person is not authorized to carry and administer potentially life saving medications;

�� (iv) That the risk of harm or death to a mother or newborn may increase as a result of the information described in sub-subparagraphs (i) and (ii) of this subparagraph;

�� (v) A plan for transporting the client to the nearest hospital, as defined in ORS 442.015, if a problem arises during labor or childbirth;

�� (vi) That the client will not have recourse through a complaint process; and

�� (vii) The types of midwives who are licensed by the state.

�� (3) If supervised by a person licensed to practice direct entry midwifery, a student midwife, birth assistant or other individual may assist the direct entry midwife in the provision of services described in ORS 687.405.

�� (4) A license to practice direct entry midwifery under ORS 687.405 to 687.495 is required for purposes of reimbursement under medical assistance programs. [1993 c.362 �11; 2013 c.657 �1]

(Licensing)

�� 687.420 Standards for licensing; application; payment by medical assistance program for services provided by licensed midwife. (1) The State Board of Direct Entry Midwifery shall establish standards for qualifications for the licensure of direct entry midwives. Such standards shall:

�� (a) Be consistent with the requirements for becoming a certified professional midwife as established by the North American Registry of Midwives;

�� (b) Require the applicant to hold a Certified Professional Midwife credential established by the North American Registry of Midwives;

�� (c) Require the applicant to successfully complete an examination approved by the board;

�� (d) Require the applicant to be certified in cardiopulmonary resuscitation for infants and adults;

�� (e) Require the applicant to submit a written plan for emergency transport of prospective patients;

�� (f) Require the applicant to hold a high school diploma or a modified diploma or to successfully pass a high school equivalency course; and

�� (g) Require that the applicant participate in at a minimum:

�� (A) 25 assisted deliveries;

�� (B) 25 deliveries for which the applicant was the primary care provider;

�� (C) 100 prenatal care visits;

�� (D) 25 newborn examinations; and

�� (E) 40 postnatal examinations.

�� (2) A person who desires to become licensed as a direct entry midwife shall submit an application to the Health Licensing Office stating the applicant�s qualifications for licensure. If the applicant meets the standards established under subsection (1) of this section and the applicant is not disqualified from licensure under ORS 676.612, the office shall issue an annual license to the direct entry midwife. The office shall impose the applicable fees for application, licensure and examination established under ORS 676.576.

�� (3) A direct entry midwife licensed under this section is entitled to payment under the rules of the medical assistance program for services provided to an eligible recipient of medical assistance. [1993 c.362 �3; 1997 c.690 �5; 2001 c.53 �1; 2003 c.547 �20; 2005 c.648 �33; 2013 c.314 �26; 2013 c.568 �53; 2013 c.657 �2; 2017 c.726 �14]

�� 687.425 Renewal of license; effect of failure to renew. (1) The Health Licensing Office shall renew a direct entry midwife license upon:

�� (a) The applicant�s satisfaction of the requirements for renewal under ORS 676.572;

�� (b) Receipt of proof of current cardiopulmonary resuscitation certification for infants and adults;

�� (c) Receipt of the applicable renewal fee established under ORS 676.576; and

�� (d) The applicant�s satisfaction of the requirements for renewal prescribed by the State Board of Direct Entry Midwifery under subsections (2) and (3) of this section.

�� (2) The board shall prescribe requirements for license renewal including, but not limited to, continuing education that must include training in use of legend drugs and devices.

�� (3) The board shall require a midwife who has attended fewer than five births in the previous year to take an additional 10 hours of continuing education as prescribed by the board. [1993 c.362 �9; 2001 c.53 �5; 2001 c.274 �3; 2001 c.462 �4; 2003 c.547 �21; 2005 c.648 �34; 2009 c.701 �21; 2013 c.314 �27; 2013 c.568 �54]

�� 687.430 Waiver of required written examination. A person licensed to practice direct entry midwifery under the laws of another state who demonstrates to the satisfaction of the Health Licensing Office that the person has passed a written examination at least equal to the written examination required of persons eligible for licensure under ORS 687.405 to

ORS 688.050

688.050 for applicants for licensing as a physical therapist and ORS 688.055 for applicants for licensing as a physical therapist assistant.

�� (3) An applicant shall include with the application any application and examination fees prescribed by the board by rule.

�� (4) The board shall notify an applicant of any deficiencies in the application. [1959 c.461 �6; 1969 c.339 �3; 1971 c.585 �3; 1975 c.111 �4; 1995 c.79 �347; 2005 c.21 �7; 2005 c.627 �4a; 2019 c.43 �15]

�� Note: 688.040 is repealed July 1, 2027. See sections 22 and 24, chapter 627, Oregon Laws 2025.

�� 688.050 Qualifications of physical therapist; examination; rules. (1) Each applicant for a license as a physical therapist shall:

�� (a) Be at least 18 years of age.

�� (b) Be of good moral character as determined by the Oregon Board of Physical Therapy.

�� (c)(A) Be a graduate of an accredited professional physical therapy education program approved by the board; or

�� (B) Have military experience or training that the board determines is substantially equivalent to the education required by subparagraph (A) of this paragraph.

�� (d) Pass to the satisfaction of the board an examination approved by the board to determine the fitness of the applicant to practice as a physical therapist or to be entitled to be licensed as provided in ORS 688.080. An applicant for licensure as a physical therapist who does not pass the examination on the first attempt may retake the examination as provided by rules adopted by the board.

�� (2) In addition to the requirements of subsection (1) of this section, an applicant for a license as a physical therapist who has been educated outside the United States shall:

�� (a) Provide evidence satisfactory to the board that the applicant�s physical therapy education program is recognized or accredited and that the applicant�s education is substantially equivalent to the education of physical therapists who graduated from accredited physical therapy education programs approved by the board. If the board determines that the education of an applicant who graduated from a physical therapy education program outside the United States is not substantially equivalent, the board may require the applicant to complete additional course work before the board proceeds with the application process.

�� (b) Obtain an evaluation of the applicant�s educational credentials by a credentials evaluation agency approved by the board.

�� (c) Demonstrate proficiency in English if required by the board.

�� (d) Pass to the satisfaction of the board an examination approved by the board.

�� (3) If an applicant who has been educated outside the United States is a graduate of an accredited physical therapy education program approved by the board, the board may waive the requirements of subsection (2)(a) and (b) of this section. [1959 c.461 �5; 1971 c.585 �4; 1973 c.827 �73; 2005 c.627 �5; 2012 c.43 �15; 2019 c.43 �16]

�� Note: The amendments to 688.050 by section 11, chapter 627, Oregon Laws 2025, become operative July 1, 2027. See section 24, chapter 627, Oregon Laws 2025. The text that is operative on and after July 1, 2027, is set forth for the user�s convenience.

�� 688.050. (1) The Oregon Board of Physical Therapy may issue a license to practice as a physical therapist to an applicant who:

�� (a) Applies to the board in a form and manner prescribed by the board;

�� (b) Is at least 18 years of age;

�� (c) Except as provided in subsections (2) and (3) of this section, submits proof of graduation from an accredited professional physical therapy education program accredited by a national accreditation agency and approved by the board by rule;

�� (d) Passes, to the satisfaction of the board, a national examination described in ORS 688.058 to determine the applicant�s fitness to practice physical therapy and passes any other examinations required by the board;

�� (e) Pays the fee required by the board;

�� (f) Passes a state or nationwide criminal records check under ORS 181A.195 to the satisfaction of the board; and

�� (g) Meets any other requirements established by the board by rule.

�� (2) In addition to the requirements of subsection (1) of this section, an applicant for a license as a physical therapist who has completed a physical therapy education program, including an education program of the Armed Forces of the United States, that is not accredited by a national accreditation agency and is approved by the board by rule shall:

�� (a) Provide satisfactory evidence to the board that the applicant�s education:

�� (A) Is substantially equivalent to that provided by an entry-level physical therapy education program accredited as described in subsection (1) of this section;

�� (B) Is approved by the board; and

�� (C) Prepared the applicant for engaging without restriction in the practice of physical therapy;

�� (b) Meet any criteria for educational requirements established by the board by rule, as demonstrated by a credentials evaluation directed by the board, and complete any additional education as the board requires;

�� (c) If required, pass an English proficiency examination prescribed by the board; and

�� (d) Complete any supervised clinical practice required by the board by rule.

�� (3) In addition to the requirements of subsection (2) of this section, an applicant who graduated from a physical therapy education program located in another country shall demonstrate to the satisfaction of the board that the education program is recognized by that country�s ministry of education or similar body.

�� (4) In processing an application for licensure submitted under this section, the board shall notify the applicant of any deficiencies in the application.

�� (5) A physical therapist shall, on advertising and correspondence related to the physical therapist�s practice, use the letters �P.T.� or the term �physical therapist� to make known the person�s licensure to practice physical therapy.

�� (6) A physical therapist shall adhere to the recognized standards of ethics of the physical therapy profession as established by rule.

�� 688.055 Qualifications of physical therapist assistant; examination. Each applicant for a license as a physical therapist assistant shall:

�� (1) Be at least 18 years of age.

�� (2) Be of good moral character as determined by the Oregon Board of Physical Therapy.

�� (3) Be a graduate of an accredited physical therapist assistant education program approved by the board.

�� (4) Pass to the satisfaction of the board an examination approved by the board to determine the fitness of the applicant to work as a physical therapist assistant or to be entitled to be licensed as provided in ORS 688.080. An applicant for licensure as a physical therapist assistant who does not pass the examination on the first attempt may retake the examination as provided by rules adopted by the board. [1969 c.339 �5; 1971 c.585 �5; 1973 c.827 �74; 1975 c.111 �5; 2005 c.627 �6; 2019 c.43 �17]

�� Note: The amendments to 688.055 by section 12, chapter 627, Oregon Laws 2025, become operative July 1, 2027. See section 24, chapter 627, Oregon Laws 2025. The text that is operative on and after July 1, 2027, is set forth for the user�s convenience.

�� 688.055. (1) The Oregon Board of Physical Therapy may issue a license to practice as a physical therapist assistant to an applicant who:

�� (a) Applies to the board in a form and manner prescribed by the board;

�� (b) Is at least 18 years of age;

�� (c) Except as provided in subsections (2) and (3) of this section, submits proof of graduation from an accredited professional physical therapist assistant education program accredited by a national accreditation agency and approved by the board by rule;

�� (d) Passes, to the satisfaction of the board, a national examination described in ORS 688.058 to determine the applicant�s fitness to practice as a physical therapist assistant and passes any other examinations required by the board;

�� (e) Pays the fee required by the board;

�� (f) Passes a state or nationwide criminal records check under ORS 181A.195 to the satisfaction of the board; and

�� (g) Meets any other requirements established by the board by rule.

�� (2) In addition to the requirements of subsection (1) of this section, an applicant for a license as a physical therapist assistant who has completed an education program, including an education program of the Armed Forces of the United States, that is not accredited by a national accreditation agency and is approved by the board by rule shall:

�� (a) Provide satisfactory evidence to the board that the applicant�s education:

�� (A) Is substantially equivalent to that provided by an entry-level physical therapist assistant education program accredited as described in subsection (1) of this section;

�� (B) Is approved by the board; and

�� (C) Prepared the applicant to work as a physical therapist assistant;

�� (c) If required, pass an English proficiency examination prescribed by the board; and

�� (d) Complete any supervised clinical practice required by the board by rule.

�� (3) In addition to the requirements of subsection (2) of this section, an applicant who graduated from an education program located in another country shall demonstrate to the satisfaction of the board that the education program is recognized by that country�s ministry of education or similar body.

�� (4) In processing an application for licensure submitted under this section, the board shall notify the applicant of any deficiencies in the application.

�� (5) A physical therapist assistant shall adhere to the recognized standards of ethics of the physical therapy profession as established by rule.

�� 688.058 National examination; eligibility; violations; reporting requirement. (1) The Oregon Board of Physical Therapy may approve by rule a national examination to determine the fitness of a person to practice as a physical therapist or physical therapist assistant. The physical therapist examination must test entry-level competence related to physical therapy theory, patient examination and evaluation, diagnosis, prognosis, treatment intervention, prevention and consultation. The physical therapist assistant examination must test for requisite knowledge and skills in the technical application of physical therapy services.

�� (2) In order to sit for an examination described in this section, an applicant shall:

�� (a) Meet nationally recognized requirements approved by the board that support the integrity of the examination; and

�� (b) Agree to abide by security and copyright provisions related to the examination.

�� (3) If the board determines that an applicant has violated subsection (2) of this section, or engaged in or attempted to engage in any conduct that subverts or undermines the integrity of the examination or validity of examination results, the board may disqualify the applicant from taking or retaking the examination.

�� (4) The board shall report any violation of subsection (2) of this section or conduct described in subsection (3) of this section to the Federation of State Boards of Physical Therapy or its successor organization. [2025 c.627 �2]

�� Note: 688.058 becomes operative July 1, 2027. See section 24, chapter 627, Oregon Laws 2025.

�� Note: 688.058 and 688.061 were added to and made a part of 688.010 to 688.201 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 688.060 [1959 c.461 �4; 1969 c.339 �7; 1971 c.585 �6; 1975 c.111 �6; repealed by 1983 c.740 �251]

�� 688.061 Authority of Oregon Board of Physical Therapy to require fingerprints of certain persons. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Oregon Board of Physical Therapy may require the fingerprints of a person who is:

�� (1) Applying for a license or permit, or renewal of a license or permit, issued under ORS

ORS 688.701

688.701 to 688.734. [1999 c.736 �5; 2001 c.104 �263; 2005 c.648 �18; 2011 c.597 �281; 2013 c.314 �29; 2013 c.568 �65; 2019 c.378 �3]

�� 688.718 License required; exceptions. (1) A person may not engage in the practice of athletic training or claim to be a licensed athletic trainer unless the person is licensed under ORS 688.720.

�� (2) Nothing in ORS 688.701 to 688.734 is intended to:

�� (a) Limit, preclude or otherwise interfere with the practices of health care providers or other persons licensed or registered in this state under any other statutes, or prevent health care providers or other persons from engaging in the profession or occupation for which the health care provider or person is licensed or registered;

�� (b) Prevent any person from performing athletic training services if the person is employed as an athletic trainer by the federal government or any of its agencies;

�� (c) Prohibit a person from performing athletic training services if:

�� (A) The person accompanies an organization or a sports team from another state, a territory of the United States or a foreign country;

�� (B) The organization or team is in this state for purposes related to competition or training; and

�� (C) The person performs athletic training services only on members of the organization or team and the services are performed for no more than 60 days in a calendar year;

�� (d) Preclude any person from pursuing a supervised course of study leading to a degree or licensure as an athletic trainer in an accredited or approved educational program if the person is identified by a title that clearly indicates student or trainee status;

�� (e) Prevent any person from completing any supervised practical experience requirements established by the Board of Athletic Trainers by rule; or

�� (f) Prohibit any person from performing athletic training services in this state for purposes of continuing education, consulting or training if the services are performed for no more than 60 days in any calendar year and are performed in association with a licensed athletic trainer if the person is:

�� (A) Registered or licensed and in good standing as an athletic trainer in another state; or

�� (B) Certified as an athletic trainer by, and in good standing with, the national Board of Certification.

�� (3) Nothing in ORS 688.701 to 688.734 may be construed to require licensure of an elementary or secondary school teacher, coach or volunteer who:

�� (a) Does not purport to be a licensed athletic trainer; and

�� (b) Is acting within the scope of the person�s duties as a teacher, coach or volunteer. [1999 c.736 �6; 2013 c.62 �1; 2019 c.378 �4]

�� 688.720 Requirements for licensure; fee. The Health Licensing Office may issue a license to engage in the practice of athletic training to an applicant who submits to the office:

�� (1) Sufficient proof that the applicant:

�� (a) Has passed a nationally accredited examination that is approved by the Board of Athletic Trainers;

�� (b) Is at least 18 years of age; and

�� (c) Has met other requirements for licensure established by the board; and

�� (2) The fee established under ORS 676.576. [1999 c.736 �8; 2003 c.547 �9; 2012 c.43 �19; 2013 c.62 �2; 2013 c.314 �30a; 2019 c.378 �5]

�� 688.724 [1999 c.736 �9; 2005 c.648 �19; 2009 c.701 �25; repealed by 2013 c.314 �65]

�� 688.728 [1999 c.736 �10; 1999 c.885 �50b; 2003 c.547 �10; 2005 c.648 �20; 2009 c.701 �26; repealed by 2013 c.314 �65]

�� 688.730 Use of title. (1) A person who is a licensed athletic trainer under ORS 688.701 to 688.734 may use the title �Athletic Trainer, Licensed� and the abbreviation �LAT.�

�� (2) A person who is a licensed athletic trainer under ORS 688.701 to 688.734 and who is certified as an athletic trainer by, and in good standing with, the national Board of Certification may use the title �Athletic Trainer, Certified/Licensed� and the abbreviation �ATC.� [1999 c.736 �7; 2013 c.62 �3; 2019 c.378 �6]

�� 688.734 Disciplinary authority of Health Licensing Office. In the manner prescribed in ORS chapter 183 for contested cases and in consultation with the Board of Athletic Trainers, the Health Licensing Office may impose a form of discipline listed in ORS 676.612 against any person engaged in the practice of athletic training for any of the grounds listed in ORS 676.612 and for any violation of the provisions of ORS 688.701 to 688.734 or the rules adopted under ORS 688.701 to

ORS 689.564

689.564, a person may not distribute or dispense any drug without affixing to the authorized container a clear and legible label, either printed or written, bearing the name of the drug and the name and place of business of the person distributing or dispensing the drug, and any other information required by state law or rules or federal law or regulations under whose supervision the drug is delivered or dispensed.

�� (b) Labeling requirements regarding any drug may be changed or exemption therefrom granted by the State Board of Pharmacy in the form of a special permit if the board determines that a change or exemption is in the best interest of public health and safety.

�� (2)(a) A manufacturer or wholesaler subject to ORS 689.305 may not sell or otherwise distribute, or offer to sell or otherwise distribute, any drug for use in a:

�� (A) Parcel, package or container not bearing a label specifying the name, active ingredients or contents, quality and quantity of the drug.

�� (B) Misbranded parcel, package or container.

�� (b) A parcel, package or container is misbranded:

�� (A) If its labeling is false or misleading in any particular.

�� (B) Unless it bears a label containing the name and business address of the manufacturer, packer, distributor or wholesaler, and an accurate statement of the quantity of the drug in terms of weight, measure or numerical count, exclusive of wrappers, cartons, containers or other materials packed with such drug.

�� (C) In case it contains controlled substances that the board finds and by rule designates after reasonable notice and opportunity for hearing to be habit forming, unless it bears the statement �Warning--May Be Habit Forming.�

�� (D) Unless it bears a label with adequate directions for the safe use of the drug for specified conditions, and adequate warning against use in those pathological conditions or by children where such use may be dangerous to the health or welfare of a user.

�� (E) Unless it bears a label with true representations of the intended uses of the drug and no false claims or representations are made of the drug in accompanying literature or advertising.

�� (3) This section does not apply to parcels, packages or containers containing:

�� (a) Drugs prepared and packaged solely for use by a pharmacist in compounding prescriptions or for dispensing in dosage unit form upon a prescription, except that such parcels, packages or containers must bear the name and business address of the manufacturer and, if different, the name and business address of the distributor of the drug, and the legend �Caution: Federal Law Prohibits Dispensing Without Prescription� or an equivalent legend.

�� (b) Drugs intended solely for use in the professional diagnosis of disease, except that such parcels, packages or containers shall bear the statement �Diagnostic Reagent--For Professional Use Only.�

�� (c) Coloring agents, emulsifiers, excipients, flavorings, lubricants, preservatives and other like inactive ingredients used in the manufacture of drugs.

�� (4) The board shall by rule exempt from any labeling or packaging requirement of this section drugs that are, in accordance with the practice of the trade, to be processed, labeled or repacked in substantial quantities at establishments other than those where originally processed or packed. However, such drugs must not be adulterated or misbranded upon removal from such processing, labeling or repacking establishment.

�� (5) A pharmacist or pharmacy intern may not dispense, on the prescription of a practitioner, any drug without affixing to the container thereof a clear and legible label. The label may be printed or written. Except as provided in subsection (6) of this section, the pharmacist or pharmacy intern shall state or cause to be stated on the label the following:

�� (a) The name of the drug. If the dispensed drug does not have a brand name, the prescription label shall indicate the generic name of the drug dispensed along with the name of the drug distributor or manufacturer, its quantity per unit and the directions for its use stated in the prescription. However, if the drug is a compound, the quantity per unit need not be stated.

�� (b) The name of the practitioner prescribing the drug.

�� (c) The name and place of business of the pharmacist or the name and place of business of the pharmacy for which the pharmacist or pharmacy intern is acting.

�� (d) The name of the patient, unless the drug is prescribed to a partner of a patient as defined in ORS 676.350 in accordance with rules adopted under ORS 676.350 authorizing the practice of expedited partner therapy.

�� (e) When applicable and as determined by the board, an expiration date after which the patient should not use the drug.

�� (6) If the prescribing practitioner so directs, the prescription label may not state the name and quantity per unit of the drug.

�� (7) The board shall determine those drugs that must bear an expiration date under subsection (5)(e) of this section.

�� (8) As used in this section, �compound� means a drug containing two or more medically active ingredients.

�� (9) A person may not deliver or dispense any drug for use by the ultimate consumer without labeling the drug container as required in this section.

�� (10) In addition to the labeling requirements imposed by subsections (1) to (9) of this section, the board may impose by rule requirements for drug code imprints on solid dose legend drugs. [1979 c.777 �34a; 1993 c.571 �13; 2009 c.522 �2; 2019 c.465 �3]

�� 689.508 Prescription records. The original record of every prescription filled by a pharmacy must be kept on file for three years at the pharmacy or as specified by State Board of Pharmacy rule. The prescription record must contain the date of the transaction and the brand name, or if the drug has no brand name, the generic name and the name of the manufacturer of any drug substituted pursuant to ORS 689.515. If the prescription may be communicated to the pharmacy by oral or electronic means, the prescription information may be recorded and stored in an electronic form that allows for ready retrieval. Prescriptions maintained in the file required under this section must be readily accessible to the board for inspection. [2003 c.103 �2; 2009 c.756 �80]

�� 689.510 [Amended by 1953 c.433 �1; 1971 c.650 �39; 1973 c.792 �44; 1977 c.688 �1; repealed by 1977 c.842 �45 and 1979 c.777 �59]

�� 689.515 Regulation of generic drugs; substitutions; rules. (1) As used in this section unless the context requires otherwise:

�� (a) �Brand name� means the proprietary or trade name selected by the manufacturer and placed upon a drug, its container, label or wrapping at the time of packaging.

�� (b) �Dosage form� means the physical formulation or medium in which the product is intended, manufactured and made available for use, including but not limited to tablets, capsules, oral solutions, aerosols, ointments, inhalers and suppositories, and the particular form of which utilizes a specific technology or mechanism to control, enhance or direct the release, targeting, systemic absorption or other delivery of a dosage regimen in the body.

�� (c) �Generic name� means the official title of a drug or drug ingredients published in the latest edition of the official Pharmacopoeia, Homeopathic Pharmacopoeia or Formulary.

�� (d) �Substitute� means to dispense without the prescriber�s express authorization a different drug product in place of the drug ordered or prescribed.

�� (e) �Therapeutically equivalent� means drugs that are approved by the United States Food and Drug Administration for interstate distribution and the Food and Drug Administration has determined that the drugs will provide essentially the same efficacy and toxicity when administered to an individual in the same dosage regimen.

�� (2) Except as limited by subsections (3) and (5) of this section, unless the purchaser instructs otherwise, a pharmacist may substitute as follows:

�� (a) A drug product with the same generic name in the same strength, quantity, dose and dosage form as the prescribed drug which is, in the pharmacist�s professional opinion, therapeutically equivalent.

�� (b) When the prescriber is not reasonably available for consultation and the prescribed drug does not utilize a unique delivery system technology, an oral tablet, capsule or liquid form of the prescribed drug so long as the form dispensed or administered has the same strength, dose and dose schedule and is therapeutically equivalent to the drug prescribed.

�� (3) A practitioner may specify in writing, by a telephonic communication or by electronic transmission that there may be no substitution for the specified brand name drug in a prescription.

�� (4) A pharmacy shall post a sign in a location easily seen by patrons at the counter where prescriptions are dispensed or administered stating that, �This pharmacy may be able to substitute a less expensive drug which is therapeutically equivalent to the one prescribed by your doctor unless you do not approve.� The printing on the sign must be in block letters not less than one inch in height. If the pharmacist has reasonable cause to believe that the purchaser cannot read the sign or comprehend its content, the pharmacist shall endeavor to explain the meaning of the sign.

�� (5) A pharmacist may substitute a drug product under this section only when there will be a savings in or no increase in cost to the purchaser.

�� (6) If the practitioner prescribes a drug by its generic name, the pharmacist shall, consistent with reasonable professional judgment, dispense or administer the lowest retail cost, effective brand which is in stock.

�� (7) Except as provided in subsection (8) of this section, when a pharmacist dispenses a substituted drug as authorized by subsection (2) of this section, the pharmacist shall label the prescription container with the name of the dispensed drug. If the dispensed drug does not have a brand name, the pharmacist shall label the prescription container with the generic name of the drug dispensed along with the name of the drug manufacturer.

�� (8) A prescription dispensed by a pharmacist must bear upon the label the name of the medication in the container or shall be labeled as intended by the prescriber.

�� (9) The substitution of any drug by a pharmacist or the pharmacist�s employer pursuant to this section does not constitute the practice of medicine.

�� (10) A substitution of drugs made by a pharmacist or the pharmacist�s employer in accordance with this section and any rules that the State Board of Pharmacy may adopt thereunder does not constitute evidence of negligence if the substitution was made within reasonable and prudent practice of pharmacy or if the substituted drug was accepted in a generally recognized formulary or government list.

�� (11) Failure of a practitioner to specify that no substitution is authorized does not constitute evidence of negligence unless the practitioner knows that the health condition of the patient for whom the practitioner is prescribing warrants the use of the brand name drug product and not the substituted drug. [1979 c.777 �35; 1983 c.402 �4; 1985 c.565 �110; 1987 c.108 �5; 1989 c.706 �22; 1991 c.734 �76; part renumbered 689.854 and 689.857 in 1991; 1993 c.534 �1; 1993 c.571 �14; 1999 c.350 �5; 2001 c.589 �1; 2001 c.623 �7a; 2009 c.326 �4]

�� 689.520 [Amended by 1965 c.466 �2; 1967 c.291 �2; 1969 c.314 �89; 1969 c.514 �35; repealed by 1977 c.842 �45 and 1979 c.777 �59]

�� 689.522 Substitution of biological products for prescribed biological products; rules. (1) A pharmacy or pharmacist filling a prescription order for a biological product may not substitute a biological product for the prescribed biological product unless:

�� (a) The substitute biological product has been determined by the United States Food and Drug Administration to be interchangeable with the prescribed biological product;

�� (b) The prescribing practitioner has not designated on the prescription that substitution is prohibited;

�� (c) The patient for whom the biological product is prescribed is informed of the substitution in a manner reasonable under the circumstances; and

�� (d) The pharmacy or pharmacist retains a record of the substitution for a period of not less than three years.

�� (2) The State Board of Pharmacy shall, on a website maintained by the board, maintain a link to the current list, if available, of biological products determined by the United States Food and Drug Administration to be interchangeable.

�� (3)(a) For purposes of this section, the board shall adopt by rule definitions for the terms �biological product� and �interchangeable.�

�� (b) The rule defining the term �biological product� must be consistent with 42 U.S.C. 262(i)(1).

�� (c) The rule defining the term �interchangeable� must:

�� (A) For biological products licensed under the Public Health Service Act, define the biological products that may be substituted for other biological products as having been determined by the United States Food and Drug Administration as meeting the standards in 42 U.S.C. 262(k)(4); and

�� (B) For biological products approved by the United States Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq., define the biological products that may be substituted for other biological products as having been determined by the United States Food and Drug Administration as therapeutically equivalent as set forth in the latest edition or supplement of the Approved Drug Products with Therapeutic Equivalence Evaluations. [2013 c.342 �2; 2013 c.342 �4; 2016 c.43 ��1,2; 2022 c.45 ��5,6]

�� 689.524 Approval of coverage for biological product. ORS 689.522 does not prohibit an insurer or other health care payer from requiring prior authorization or imposing other appropriate utilization controls in approving coverage for any biological product. [2016 c.43 �4]

�� Note: 689.524 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 689 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 689.525 Out-of-state prescriptions. (1) A prescription written by a practitioner licensed in a state or territory of the United States, other than Oregon, may be filled only if the pharmacist called upon to fill such prescription determines, in the exercise of professional judgment:

�� (a) That it was issued pursuant to a valid patient-practitioner relationship; and

�� (b) That it is authentic.

�� (2) However, if the practitioner writing the prescription is not known to the pharmacist, the pharmacist shall obtain proof to a reasonable certainty of the validity of the prescription.

�� (3) The provisions of ORS 689.515 authorizing generic substitution shall not apply to prescriptions described in this section unless authorized on the prescription. [1979 c.777 �36; 1981 c.666 �10; 1987 c.108 �6; 1993 c.571 �15; 1997 c.153 �1]

�� 689.527 Prohibited practices; rules. (1) Except as approved by rule by the State Board of Pharmacy, a person may not dispense drugs to the public by means of automatic vending machines.

�� (2) As used in this section, �automatic vending machine� means any mechanical device or contrivance whereby the purchaser is able to secure drugs.

�� (3) A person may not adulterate for the purpose of sale any drug in such manner as to render it injurious to health, or knowingly sell or offer for sale any adulterated drug.

�� (4) A person may not manufacture, compound or sell or offer for sale or cause to be manufactured, compounded, sold or offered for sale any drug, compound or preparation for internal or external use under or by a name recognized in the United States Pharmacopoeia, Homeopathic Pharmacopoeia or National Formulary which differs from the standard of strength and purity specified therein as official at the time of manufacture, compounding, sale or offering for sale.

�� (5) A person may not manufacture, compound, sell or offer for sale, or cause to be manufactured, sold or offered for sale, any drug, the strength and purity of which falls below the professed standard of strength and purity under which it is sold.

�� (6) A person may not sell, give away, barter, dispense, distribute, buy, receive or possess any prescription drug except as authorized by law.

�� (7) A manufacturer or wholesaler may not sell or otherwise distribute, or offer to sell or otherwise distribute, any drug or device except to a person legally authorized to resell, dispense or otherwise redistribute such drug or device. The board may grant an exemption from the requirement of this subsection in the form of a special permit if the board finds that an exemption is in the best interest of the public health and safety.

�� (8)(a) A person may not sell, purchase or trade or offer to sell, purchase or trade any drug sample.

�� (b) As used in paragraph (a) of this subsection, �drug sample� means a unit of a drug, subject to this chapter, that is not intended to be sold and is intended to promote the sale of the drug, and includes a coupon or other form which may be redeemed for a drug.

�� (9) For purposes of this section and ORS 678.375, distribution of prepackaged complimentary samples of medications by a nurse practitioner or clinical nurse specialist with prescription writing authority shall not constitute dispensing when the sample medication is within the prescriptive authority granted to that nurse practitioner or clinical nurse specialist. [Formerly 689.765]

�� 689.530 [Amended by 1969 c.514 �36; 1977 c.688 �2; repealed by 1977 c.842 �45 and 1979 c.777 �59]

�� 689.532 Complimentary samples. A practitioner who receives a complimentary sample of a controlled substance as defined in ORS 475.005 shall keep the sample in a securely locked, substantially constructed cabinet and shall maintain a record of receipts and withdrawals from each inventory of samples. Each licensing board that has jurisdiction over a practitioner�s license shall specify the recording requirements for complimentary samples by rule. The licensing board may inspect the records and the inventory of samples. [2009 c.326 �8]

�� 689.535 [1979 c.777 �37; 1981 c.217 �1; 1985 c.565 �111; repealed by 2003 c.102 �2]

�� 689.540 [Amended by 1969 c.514 �37; 1977 c.688 �3; repealed by 1977 c.842 �45 and 1979 c.777 �59]

�� 689.545 [1979 c.249 �1; 1981 c.388 �2; repealed by 2003 c.102 �2]

�� 689.550 [Amended by 1965 c.466 �1; 1967 c.291 �3; repealed by 1977 c.842 �45 and 1979 c.777 �59]

�� 689.555 Agricultural drugs and certain other substances. (1) Nothing in this chapter prohibits the sale by any person of agricultural or garden spray, sheep dip, blue stone, copperas, squirrel poison, fly paper, ant poison, gopher poison, insect powder, poultry vermifuge and arsenic sprays when they are in original unbroken packages, prepared and labeled with official poison labels and showing antidotes.

�� (2) Nothing in this chapter requires or authorizes the licensing or regulation of the sale of economic poisons, which includes any substance or mixture of substances intended to be used for preventing, destroying, repelling or mitigating any and all insects, fungi, weeds, parasites, or other plant or animal pest, collectively or individually, which may infest or be detrimental to vegetation or any domestic animal or fowl life. [1979 c.777 �40; 1985 c.565 �112]

�� 689.557 Disposal of marijuana item left at retail drug outlet; rules; exemption from criminal liability. (1) The State Board of Pharmacy shall establish by rule instructions for the disposal of a marijuana item as defined in ORS 475C.009 left behind by individuals visiting retail drug outlets.

�� (2) At a minimum, the instructions established under subsection (1) of this section must:

�� (a) Require an employee or supervisor of the retail drug outlet to notify law enforcement upon discovering the marijuana item at the site; and

�� (b) Include procedures for destroying the marijuana item so that it can no longer be used for human consumption.

�� (3) A person acting under and in accordance with this section is exempt from the criminal laws of this state for any criminal offense in which possession of marijuana or a marijuana item as defined in ORS 475C.009 is an element. [2015 c.614 �131; 2017 c.21 �121]

�� 689.560 [Amended by 1969 c.514 �42; repealed by 1977 c.842 �45 and 1979 c.777 �59]

�� 689.561 Prescription readers; compatible labels; exception; rules. (1) As used in this section:

�� (a) �Person who is blind� means a person who is:

�� (A) Visually impaired;

�� (B) Print disabled; or

�� (C) A person who is blind as that term is defined in ORS 346.510.

�� (b) �Prescription reader� means a device that is designed to audibly convey the information contained on the label of a prescription drug.

�� (2) Except as provided in subsection (4) of this section, a pharmacy shall notify each person to whom a prescription drug is dispensed that a prescription reader is available to the person upon request. If a person informs the pharmacy that the person identifies as a person who is blind, the pharmacy shall provide to the person a prescription reader that is:

�� (a) Available to the person for at least the duration of the prescription; and

�� (b) Appropriate to address the person�s visual impairment.

�� (3) A pharmacy that provides a prescription reader under subsection (2) of this section shall ensure that the prescription label is compatible with the prescription reader.

�� (4) The requirements of this section do not apply to prescription drugs dispensed by an institutional drug outlet.

�� (5) The State Board of Pharmacy shall adopt rules to carry out this section. [2019 c.438 �2]

�� 689.564 Language requirements for prescription drug labels; exceptions; interpretation and translation services; rules. (1) The State Board of Pharmacy shall adopt rules to require that, if a patient is of limited English proficiency and the prescribing practitioner, patient or an authorized representative of the patient so requests, a prescription drug dispensed by a pharmacy bear a label in both English and in the language requested and, if authorized by the board by rule, include an informational insert in both English and the language requested. The rules adopted under this section must:

�� (a) Define �limited English proficiency.�

�� (b) Determine the pharmacies to which the requirements of this section apply, and include at least retail drug outlets and other drug outlets that dispense prescription drugs.

�� (c) Determine for which prescription drugs it is appropriate to include an informational insert in addition to the label. In adopting rules under this paragraph, the board shall consider the complexity and length of the directions for use of the prescription drug.

�� (d)(A) Require that labels and informational inserts be available in at least 14 languages other than English that are spoken in Oregon by individuals who are of limited English proficiency, as determined by the most recent American Community Survey from the United States Census Bureau and in consultation with the Oregon Health Authority and other necessary resources.

�� (B) Require the board to reassess, and update as necessary, the languages described in this paragraph at least once every 10 years, in consultation with the authority and other stakeholders.

�� (2)(a) A pharmacy may contract with a third party for the translation of the labels and informational inserts required under subsection (1) of this section.

�� (b) A pharmacy, pharmacist or pharmacy intern that dispenses a prescription drug in compliance with the requirements of subsection (1) of this section may not be held liable for injuries resulting from the actions of a third party if the pharmacy from which the label or informational insert was dispensed entered into a contract with the third party in good faith, and the pharmacy, pharmacist or pharmacy intern was not negligent with regard to the alleged misconduct of the third party.

�� (3) This section does not apply to an institutional drug outlet.

�� (4) The board may adopt other rules as necessary to carry out this section.

�� (5) The board shall, in consultation with the Oregon Health Authority, adopt rules to require that a pharmacy post signage to provide notification of the right to free, competent oral interpretation and translation services for patients who are of limited English proficiency. Rules adopted under this subsection must comply with any relevant federal laws and regulations. [2019 c.465 �2]

�� 689.565 [1999 c.874 ��1,2,3,4; repealed by 2007 c.272 �13]

�� 689.570 [Amended by 1969 c.514 �40; 1973 c.829 �69; repealed by 1977 c.842 �45 and 1979 c.777 �59]

�� 689.580 [Amended by 1969 c.514 �45; repealed by 1973 c.743 �9 and by 1973 c.829 �71]

�� 689.590 [Amended by 1965 c.580 �9; 1969 c.514 �44; 1973 c.427 �35; repealed by 1977 c.842 �45 and 1979 c.777 �59]

�� 689.595 [1969 c.514 �43; repealed by 1973 c.427 �36 (689.596 enacted in lieu of 689.595)]

�� 689.596 [1973 c.427 �37 (enacted in lieu of 689.595); repealed by 1977 c.842 �45 and 1979 c.777 �59]

�� 689.600 [Amended by 1969 c.514 �39; repealed by 1977 c.842 �45 and 1979 c.777 �59]

MISCELLANEOUS

�� 689.605 Power to dispense drugs from hospital pharmacies, drug rooms and penal institutions; rules. (1) In a hospital or long term care facility having a pharmacy and employing a pharmacist, the pharmacy and pharmacist are subject to the requirements of this chapter, except that in a hospital when a pharmacist is not in attendance, pursuant to standing orders of the pharmacist, a registered nurse supervisor on the written order of a person authorized to prescribe a drug may withdraw such drug in such volume or amount as needed for administration to or treatment of an inpatient or outpatient until regular pharmacy services are available in accordance with the rules adopted by the State Board of Pharmacy. However, the board may grant an exception to the requirement for a written order by issuing a special permit authorizing the registered nurse supervisor in a hospital to dispense medication on the oral order of a person authorized to prescribe a drug. An inpatient care facility which does not have a pharmacy must have a drug room. In an inpatient care facility having a drug room as may be authorized by rule of the Department of Human Services or the Oregon Health Authority, the drug room is not subject to the requirements of this chapter relating to pharmacies. However, a drug room must be supervised by a pharmacist and is subject to the rules of the board. When a pharmacist is not in attendance, any person authorized by the prescriber or by the pharmacist on written order may withdraw such drug in such volume or amount as needed for administration to or treatment of a patient, entering such withdrawal in the record of the responsible pharmacist.

�� (2) In a hospital having a drug room, any drug may be withdrawn from storage in the drug room by a registered nurse supervisor on the written order of a licensed practitioner in such volume or amount as needed for administration to and treatment of an inpatient or outpatient in the manner set forth in subsection (1) of this section and within the authorized scope of practice.

�� (3) A hospital having a drug room shall cause accurate and complete records to be kept of the receipt, withdrawal from stock and use or other disposal of all legend drugs stored in the drug room. Such record shall be open to inspection by agents of the board and other qualified authorities.

�� (4) In an inpatient care facility other than a hospital, the drug room shall contain only prescribed drugs already prepared for patients therein and such emergency drug supply as may be authorized by rule by the Department of Human Services.

�� (5) The requirements of this section shall not apply to facilities described in ORS

ORS 690.410

690.410. [1999 c.578 �10; 2003 c.187 �1; 2011 c.346 �32]

�� 679.510 Liability insurance for retired dentist; requirements; rules. (1) For the purposes of this section, �retired dentist� means a person who is retired from active practice except for the practice of dentistry without remuneration as a volunteer.

�� (2) Subject to availability of funding, the Oregon Department of Administrative Services shall establish a program to purchase and maintain liability insurance for retired dentists. Insurance provided under the program shall be acquired through contracts with liability insurers that are authorized to offer liability malpractice insurance in this state. Insurance shall be provided under the program only if:

�� (a) Dental services by the retired dentist will be provided through nonprofit corporations offering community services;

�� (b) Dental services provided by the retired dentist will be offered to low-income patients based on ability to pay; and

�� (c) The retired dentist will receive no compensation for the dental services provided, except for reimbursement for laboratory fees, testing services and other out-of-pocket expenses.

�� (3) This section does not impose any liability on the state, or on the officers, employees and agents of the state, for any civil or criminal action against a retired dentist insured under the program established under subsections (1) to (5) of this section.

�� (4) The department shall monitor the claims experience of retired dentists insured through the program established under subsections (1) to (5) of this section. The department may impose any risk management requirements that the department deems appropriate as a condition of providing liability insurance under the program.

�� (5) The department shall provide insurance under subsection (2) of this section only to the extent that funds are appropriated to the department for the purposes of funding the program established under subsections (1) to (5) of this section.

�� (6) The Oregon Department of Administrative Services may by rule establish any conditions considered necessary by the department before providing liability insurance for a retired dentist under the program established by subsections (1) to (5) of this section. [1999 c.1016 ��1,2; 2001 c.104 �261]

�� Note: 679.510 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 679 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 679.520 Treatment of dental waste materials containing mercury. (1) A dentist who places in or removes from the human oral cavity dental materials containing mercury shall:

�� (a) Implement and maintain best management practices of dental wastes as developed by the Oregon Dental Association to prevent amalgam waste and mercury from entering the air, sewage systems, waterways and garbage;

�� (b) Have an amalgam separator installed on a wastewater drain in a dental facility where the dentist practices if dental materials containing amalgam pass through the wastewater drain. The amalgam separator must be verified by the manufacturer to remove at least 95 percent of the amalgam that passes through the drain on which it is installed;

�� (c) Maintain an amalgam separator installed as required by this subsection in accordance with the manufacturer�s recommendations; and

�� (d) Place all dental waste materials containing mercury in a vapor-proof container that is clearly labeled as containing mercury and dispose of the materials in accordance with best management practices of dental wastes recommended by the Oregon Dental Association. Disposal may not be by incineration that would result in the release of mercury into the air.

�� (2) Each dental office shall keep proof of installation of an amalgam separator and maintain an amalgam separator maintenance log that the office shall make available for inspection by the Oregon Board of Dentistry. The board may inspect maintenance logs from a period of up to three years prior to the date of inspection. [2007 c.517 �2]

�� 679.525 Amalgam separators required in certain dental facilities. Each dental facility constructed on or after January 1, 2008, shall have amalgam separators that meet the requirements of ORS 679.520 (1)(b). [2007 c.517 �3]

�� Note: 679.525 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 679 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 679.530 [2009 c.147 �2; repealed by 2025 c.199 �18]

�� Note: 679.530 is repealed July 1, 2026. See sections 18 and 19, chapter 199, Oregon Laws 2025. 679.530 (2023 Edition) is set forth for the user�s convenience.

�� 679.530. Information about oral prosthetic devices. Dental technicians shall, upon request by a dentist or patient, provide the dentist or patient with information about the location where oral prosthetic devices that are inserted into the human oral cavity or that come in contact with its adjacent structures and tissues were manufactured.

�� 679.535 Requirement to test heat sterilization device; rules. (1) A person licensed by the Oregon Board of Dentistry who uses an autoclave or other heat sterilization device in the person�s practice shall test the autoclave or other heat sterilization device at least once per week to ensure that the device is functioning properly.

�� (2) The Oregon Board of Dentistry shall adopt rules to implement this section. [2014 c.16 �2; 2017 c.362 �1]

�� 679.540 Oral disease prevention services; reimbursement; rules. (1) As used in this section:

�� (a) �Dental provider� means a licensed dentist, dental hygienist or other dental practitioner or a dental care team or clinic that provides the following core services:

�� (A) Comprehensive dental care;

�� (B) Basic preventive dental services;

�� (C) Referral to dental specialists; and

�� (D) Family centered dental care.

�� (b) �Health worker� means �traditional health worker� as defined by the Oregon Health Authority by rule.

�� (2) The Oregon Health Authority, in consultation with coordinated care organizations and dental subcontractors in this state, shall adopt rules and procedures for the training and certification of health workers to provide oral disease prevention services and for the reimbursement of oral disease prevention services provided by certified health workers.

�� (3) The rules adopted under subsection (2) of this section must prescribe the training required for certification, including instruction on:

�� (a) The performance of dental risk assessments; and

�� (b) The provision of oral disease prevention services.

�� (4) The authority shall adopt rules requiring that a certified health worker:

�� (a) Refer patients to dental providers; and

�� (b) Recommend to patients, or to the parent or legal guardian of a patient, that the patient visit a dental provider at least once annually. [2015 c.542 �1; 2025 c.252 �7]

�� Note: 679.540 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 679 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 679.543 Use of telehealth by dental care provider. (1) As used in this section, �telehealth� means a variety of methods, through the use of electronic and telecommunications technologies, for the distance delivery of health care services, including dental care services, and clinical information designed to improve a patient�s health status and to enhance delivery of the health care services and clinical information.

�� (2) A dental care provider authorized by the Oregon Board of Dentistry to practice dental care services may use telehealth if:

�� (a) In the professional judgment of the dental care provider, the use of telehealth is an appropriate manner in which to provide a dental care service; and

�� (b) The dental care provider is providing a dental care service that is within the scope of practice of the dental care provider.

�� (3) The use of telehealth as described in subsection (2) of this section is not an expansion of the scope of practice of a dental care provider.

�� (4) The board shall treat a dental care service that is delivered by a dental care provider through telehealth as described in subsection (2) of this section the same as the board treats the dental care service when delivered in person. The board shall apply identical quality and practice standards to a particular dental care service regardless of the method of delivery of the dental care service. [2017 c.348 �1]

�� Note: 679.543 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 679 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 679.546 Advertising as specialist; requirements; rules. (1) A dentist licensed by the Oregon Board of Dentistry may advertise that the dentist is a specialist in one or more areas of dentistry if the dentist:

�� (a) Has completed a post-doctoral residency program that is at least two years in length and is accredited by the Commission on Dental Accreditation, or its successor organization, and approved by the board by rule;

�� (b) Is a specialist as defined by the National Commission on Recognition of Dental Specialties and Certifying Boards, or its successor organization, and adopted by the board by rule; or

�� (c) Has completed an advanced dental education program that is at least two years in length and is recognized by the United States Department of Education, and approved by the board by rule.

�� (2) The board may adopt rules as necessary to carry out this section. [2019 c.379 �2]

�� 679.549 Expression of regret or apology. (1) For the purposes of any civil action against a person licensed by the Oregon Board of Dentistry or against a dental office or clinic, health care institution, health care facility or other entity that employs or grants the person privileges, any expression of regret or apology made by or on behalf of the person, office, clinic, institution, facility or entity, including an expression of regret or apology that is made in writing or by conduct, does not constitute an admission of liability.

�� (2) A person licensed by the board, or any other person who makes an expression of regret or apology on behalf of a person licensed by the board, may not be examined by deposition or otherwise in any civil or administrative proceeding, including any arbitration or mediation proceeding, with respect to an expression of regret or apology made by or on behalf of the person, including expressions of regret or apology that are made in writing, orally or by conduct. [2019 c.182 �2]

�� 679.552 Prescription and administration of vaccines; approved training course; rules. (1)(a) In accordance with rules adopted by the Oregon Board of Dentistry, a dentist may prescribe and administer vaccines to a person with whom the dentist has established a patient relationship.

�� (b) The board shall approve a training course on the prescription and administration of vaccines. The board may approve a training course offered by the Centers for Disease Control and Prevention, the American Dental Association or its successor organization or other similar federal agency or professional organization.

�� (c) The board may adopt other rules as necessary to carry out this section.

�� (2) The board shall adopt rules relating to the prescription and administration of vaccines by dentists, including rules requiring dentists to:

�� (a) Report the prescription and administration of vaccines to the immunization registry created by the Oregon Health Authority pursuant to ORS 433.094;

�� (b) Prior to administering a vaccine, review the patient�s vaccination history in the immunization registry described in this subsection;

�� (c) Comply with protocols established by the authority for the prescription and administration of vaccines under subsection (1) of this section; and

�� (d) Comply with any applicable rules adopted by the authority related to vaccines.

�� (3) In consultation with the board, the authority may adopt rules related to vaccines prescribed and administered by dentists. [2019 c.58 �2]

�� 679.555 Rules for certification as dental assistant; examination requirements. (1) In adopting rules related to the requirements for certification as a dental assistant, including any type of expanded function dental assistant, the Oregon Board of Dentistry may require an applicant for certification to pass a written examination. If passage of a written examination is required for certification as a dental assistant, including any type of expanded function dental assistant, the board may accept the results of any examination that is:

�� (a)(A) Administered by a dental education program in this state that is accredited by the Commission on Dental Accreditation of the American Dental Association, or its successor organization, and approved by the board by rule;

�� (B) Administered by a dental education program in this state that is approved by the Commission for Continuing Education Provider Recognition of the American Dental Association, or its successor organization, and approved by the board by rule; or

�� (C) An examination comparable to an examination described in subparagraph (A) or (B) of this paragraph that is administered by a testing agency approved by the board by rule; and

�� (b) Offered in plain language in English, Spanish and Vietnamese.

�� (2) The board may not require an applicant for certification as a dental assistant, including any type of expanded function dental assistant, to complete more than one written examination for certification as that type of dental assistant. [2023 c.436 �2]

DENTAL THERAPY

�� 679.600 Definitions for ORS 679.600 to 679.630. As used in ORS 679.600 to 679.630:

�� (1) �Collaborative agreement� means a written and signed agreement entered into between a dentist and a dental therapist under ORS 679.618.

�� (2) �Dental pilot project� means an Oregon Health Authority dental pilot project developed and operated by the authority.

�� (3) �Dentist� means a person licensed to practice dentistry under this chapter. [2021 c.530 �2]

�� 679.603 Dental therapy license. (1) The Oregon Board of Dentistry shall issue a license to practice dental therapy to an applicant who:

�� (a) Is at least 18 years of age;

�� (b) Submits to the board a completed application form;

�� (c) Demonstrates:

�� (A) The completion of a dental therapy education program that is accredited by the Commission on Dental Accreditation of the American Dental Association, or its successor organization, and approved by the board by rule; or

�� (B) That the applicant is or was a participant in a dental pilot project;

�� (d) Passes an examination described in ORS 679.606; and

�� (e) Pays the application and licensure fees established by the board.

�� (2)(a) An individual who completed a dental therapy education program in another state or jurisdiction may apply for licensure under this section if the dental therapy education program is accredited by the Commission on Dental Accreditation of the American Dental Association, or its successor organization.

�� (b) The board shall determine whether the training and education of an applicant described in this subsection is sufficient to meet the requirements of subsection (1) of this section.

�� (3) If an applicant holds a current or expired authorization to practice dental therapy issued by another state, the federal government or a tribal authority, the applicant shall include with the application a copy of the authorization and an affidavit from the dental regulatory body of the other jurisdiction that demonstrates the applicant was authorized to practice dental therapy in that jurisdiction. [2021 c.530 ��3,3a]

�� 679.606 Examinations, reexamination; acceptable results; rules. (1)(a) The Oregon Board of Dentistry may require an applicant for a license to practice dental therapy to pass written, laboratory or clinical examinations to test the professional knowledge and skills of the applicant.

�� (b) The examinations may not be affiliated with or administered by a dental pilot project or a dental therapy education program described in ORS 679.603.

�� (c) The examinations must:

�� (A) Be elementary and practical in character, and sufficiently thorough to test the fitness of the applicant to practice dental therapy;

�� (B) Be written in English; and

�� (C) Include questions on subjects pertaining to dental therapy.

�� (2) If a test or examination was taken within five years of the date of application and the applicant received a passing score on the test or examination, as established by the board by rule, the board:

�� (a) To satisfy the written examination authorized under this section, may accept the results of national standardized examinations.

�� (b) To satisfy the laboratory or clinical examination authorized under this section:

�� (A) Shall accept the results of regional and national testing agencies or clinical board examinations administered by other states; and

�� (B) May accept the results of board-recognized testing agencies.

�� (3) The board shall accept the results of regional and national testing agencies or of clinical board examinations administered by other states, and may accept results of board-recognized testing agencies, in satisfaction of the examinations authorized under this section for applicants who have engaged in the active practice of dental therapy in Oregon, another state, the Armed Forces of the United States, the United States Public Health Service or the United States Department of Veterans Affairs for a period of at least 3,500 hours in the five years immediately preceding application and who meet all other requirements for licensure.

�� (4) The board shall establish rules related to reexamination for an applicant who fails an examination. [2021 c.530 �4]

�� 679.609 Grounds for refusal to issue or renew license. The Oregon Board of Dentistry may refuse to issue or renew a license to practice dental therapy if the applicant or licensee:

�� (1) Subject to ORS 670.280, has been convicted of a violation of the law. A certified copy of the record of conviction is conclusive evidence of conviction.

�� (2) Has been disciplined by a state licensing or regulatory agency of this state or another state regarding a health care profession if, in the judgment of the board, the acts or conduct resulting in the disciplinary action bears a demonstrable relationship to the ability of the applicant or licensee to practice dental therapy in accordance with ORS 679.600 to 679.630. A certified copy of the disciplinary action is conclusive evidence of the disciplinary action.

�� (3) Has falsified an application for issuance or renewal of licensure.

�� (4) Has violated any provision of ORS 679.600 to 679.630 or a rule adopted under ORS 679.600 to

ORS 692.130

692.130 or show evidence satisfactory to the State Mortuary and Cemetery Board that the individual has successfully passed the National Board Examination as administered by the International Conference of Funeral Service Examining Boards or its successor organization.

�� (d) The individual must demonstrate knowledge of applicable state law in an examination offered by the State Mortuary and Cemetery Board under ORS 692.130.

�� (4) When an individual provides written evidence of graduation from an accredited program of funeral service education, if the individual does not show evidence satisfactory to the State Mortuary and Cemetery Board that the individual has passed the National Board Examination, the State Mortuary and Cemetery Board may examine the individual as provided in ORS 692.130. However, the State Mortuary and Cemetery Board may not issue an embalmer license until an individual has completed the training required under ORS 692.190.

�� (5) An applicant meets the requirements of subsection (3)(a) of this section if the applicant provides the State Mortuary and Cemetery Board with documentation of military experience that the board determines is substantially equivalent to the experience required by subsection (3)(a) of this section. [1983 c.810 �8; 1993 c.308 �5; 2012 c.43 �26; 2015 c.367 �4]

�� 692.110 [Amended by 1971 c.115 �3; repealed by 1983 c.810 �29]

�� 692.120 [Amended by 1971 c.115 �4; 1981 c.719 �2; repealed by 1983 c.810 �29]

�� 692.130 Scope and conduct of embalmer examination; examination schedule; rules. (1) The State Mortuary and Cemetery Board shall offer an examination to individuals applying for a license to practice as an embalmer.

�� (2) The board shall make an examination schedule publicly available and shall send an examination schedule to each applicant at least 10 days before each examination. An examination schedule must denote the time and place of each examination.

�� (3) The board shall specify the material to be included in an examination for a license to practice as an embalmer. The board may require inclusion of any question or examination prepared by the International Conference of Funeral Service Examining Boards or its successor organization.

�� (4) The board shall adopt rules establishing standards for minimum performance on the examination and conditions for reexamination. [Amended by 1955 c.754 �1; 1971 c.115 �5; 1973 c.411 �3; 1979 c.858 �2; 1981 c.719 �3; 1983 c.810 �9; 2015 c.367 �5]

�� 692.140 Reciprocity for embalmers or funeral service practitioners; rules. (1) For an applicant from another state, the State Mortuary and Cemetery Board shall issue a license to practice as a funeral service practitioner or embalmer, or shall register an individual who applies to be a trainee of a funeral service practitioner or embalmer, if:

�� (a) The applicant applies to the board and fulfills the requirements specified in subsection (2) of this section; and

�� (b) The board is satisfied that the applicant has demonstrated the requisite qualifications to be a funeral service practitioner, embalmer or trainee of a funeral service practitioner or embalmer in a manner prescribed by the board by rule.

�� (2) An applicant under this section shall apply to the board on a form provided by the board. The applicant shall include with the application:

�� (a) Proof satisfactory to the board that the applicant:

�� (A) Currently is, or previously was, authorized to practice in another state or profession that is substantially equivalent, as determined by the board, to a funeral service practitioner, embalmer or trainee of a funeral service practitioner or embalmer; and

�� (B) Is in good standing in that state to practice the profession, or was in good standing in that state at the time that the applicant ceased practicing the profession.

�� (b) Payment of the initial reciprocity licensing fee established under ORS 692.160. [Amended by 1971 c.115 �6; 1973 c.411 �4; 1981 c.719 �4; 1983 c.810 �10; 1989 c.177 �5; 1997 c.638 �6; 2007 c.170 �1; 2015 c.367 �7]

�� 692.143 License to practice as death care consultant; application; qualifications of applicant; fees; rules. The State Mortuary and Cemetery Board shall issue a license to an individual to practice as a death care consultant if the individual:

�� (1) Applies to the board for a death care consultant license on an application form provided by the board;

�� (2) Passes an examination offered by the board that tests applicants on state and federal laws, rules and regulations relating to the care, preparation, disposition and transportation of dead human bodies;

�� (3) Pays fees required by the board by rule; and

�� (4) Meets any other requirement established by the board by rule. [2009 c.709 �4; 2015 c.367 �11]

�� 692.144 [1957 c.596 �4; 1971 c.115 �7; repealed by 1983 c.810 �29]

�� 692.146 Application for funeral establishment or immediate disposition company license. (1) The State Mortuary and Cemetery Board shall issue a license to a funeral establishment or immediate disposition company if the person who will operate the establishment or immediate disposition company applies to the board for a license on a form provided by the board. The application shall be accompanied by the application fee established under ORS 692.160.

�� (2) The application shall disclose the following:

�� (a) The name and address of the establishment or company.

�� (b) That the establishment is operated by a licensed funeral service practitioner.

�� (c) That the immediate disposition company is operated by a licensed funeral service practitioner.

�� (3) For purposes of this section and ORS 692.025, each branch of a licensee�s funeral establishment or immediate disposition company is a separate establishment and must be licensed at a fixed place of business. [1957 c.596 �5; 1971 c.115 �8; 1983 c.810 �11; 1989 c.177 �6; 1997 c.638 �7]

�� 692.148 When new or reissued license, registration or certificate required; fee. (1) If the principals of a licensed funeral establishment or immediate disposition company change, the establishment or company shall apply to the State Mortuary and Cemetery Board for a new license.

�� (2) A person holding a license or certificate of authority or who is registered under this chapter shall apply to the board for reissuance of the license, certificate or registration if any of the following occur:

�� (a) The name of the person changes;

�� (b) The location of the funeral establishment, immediate disposition company, crematorium or alternative disposition facility changes;

�� (c) A trainee registered under ORS 692.190 transfers from one licensed funeral service practitioner or licensed embalmer to another;

�� (d) The original license, registration or certificate is lost or destroyed; or

�� (e) When a person holding a license or certificate of authority issued under this chapter obtains another license or certificate of authority issued under this chapter.

�� (3) The application for reissuance of the license, registration or certificate shall include payment of the fee established under ORS 692.160. The board shall reissue the license, certificate or registration when the board receives the application and the fee. [1993 c.308 �3; 2015 c.367 �13; 2021 c.296 �22]

�� 692.150 [Repealed by 1983 c.810 �29]

�� 692.160 License, certificate and registration fees; expiration date; notice of renewal; rules. (1) The fees that may be charged under this chapter are:

�� (a) A fee covering requests for applications for a funeral service practitioner license, an embalmer license, a death care consultant license, a funeral establishment license, an immediate disposition company license, a certificate of authority for a cemetery, a certificate of authority for a crematorium, a certificate of authority for any other facility for final disposition of human remains, registration as a funeral service practitioner trainee, registration as an embalmer trainee, a certificate of removal registration, a license as a reciprocal funeral service practitioner or a license as a reciprocal embalmer. The application fee shall be accompanied by an additional fee for each principal of a funeral establishment, immediate disposition company, cemetery, crematorium or other facility for final disposition of human remains.

�� (b) A fee covering the renewal of a license for a funeral establishment, a license for an immediate disposition company, a certificate of authority for a crematorium or a certificate of authority for any other facility for final disposition of human remains.

�� (c) A fee covering the renewal of a funeral service practitioner license, an embalmer license or a death care consultant license.

�� (d) A fee for renewal of a combination funeral service practitioner and embalmer license.

�� (e) A fee for renewal of the registration of a funeral service practitioner trainee or an embalmer trainee.

�� (f) An examination fee for a funeral service practitioner license, an embalmer license or a death care consultant license.

�� (g) A fee covering the renewal of a certificate of authority for a cemetery.

�� (h) A fee covering the reinstatement of a lapsed license, certificate of authority or registration.

�� (i) A fee for reissuing a license, registration or certificate of authority as provided in ORS 692.148.

�� (j) Fees for copying any public record maintained by the State Mortuary and Cemetery Board, for documents distributed by the board and postage for mailing any copies or documents.

�� (2) All licenses granted under this chapter to funeral service practitioners, embalmers and death care consultants expire on January 1 in even-numbered years or on such date as may be specified by rule of the State Mortuary and Cemetery Board. All licenses or certificates of authority granted under this chapter to operators of funeral establishments, to operators of immediate disposition companies, to operators of cemeteries, to operators of crematoriums or to operators of other facilities for final disposition of human remains expire on January 1 in odd-numbered years or on such date as may be specified by board rule.

�� (3) The board shall mail to each licensed funeral service practitioner, to each licensed embalmer, to each licensed death care consultant, to each licensed operator of a funeral establishment or immediate disposition company and to each cemetery, crematorium and other facility for final disposition of human remains holding a certificate of authority under ORS 692.275, addressed to the licensee or certificate holder at the licensee�s or certificate holder�s last-known address, a notice that the renewal fee is due and payable and that if the fee is not paid by the renewal date the license or certificate of authority shall lapse. The board shall mail the notice at least 60 days before the license or certificate of authority expires. The board may impose continuing education requirements as a prerequisite for relicensure.

�� (4) Subject to prior approval of the Oregon Department of Administrative Services, the fees and charges established under this section shall not exceed the cost of administering the regulatory program of the State Mortuary and Cemetery Board pertaining to the purpose for which the fee or charge is established, as authorized by the Legislative Assembly within the board�s budget, as the budget may be modified by the Emergency Board. [Amended by 1957 c.596 �11; 1971 c.115 �9; 1973 c.411 �5; 1977 c.873 �11; 1979 c.36 �1; 1981 c.719 �5; 1983 c.290 �1; 1985 c.207 �11; 1989 c.177 �7; 1991 c.703 �35; 1993 c.248 �1; 1993 c.308 �1; 1997 c.638 �8; 1999 c.724 �9; 2007 c.768 �53; 2009 c.709 �12; 2015 c.367 �14; 2023 c.602 �28]

�� 692.165 [1957 c.596 �7; 1971 c.115 �10; 1983 c.810 �14; 1989 c.177 �8; repealed by 1993 c.308 �6]

�� 692.170 Reinstatement of lapsed licenses and registrations. (1) When a licensee or a trainee registered under ORS 692.190 has allowed a license or a registration to lapse, the State Mortuary and Cemetery Board may reinstate the license or reregister the trainee if the licensee or trainee:

�� (a) Applies for reinstatement or reregistration not later than the 90th day after the lapse; and

�� (b) Pays all fees owing to the date of reinstatement or reregistration as well as a reinstatement or reregistration fee established under ORS 692.160.

�� (2) Upon the lapse of a license or registration, the board shall send the notice of lapse to the licensee or trainee by registered or certified mail at the last-known address of the licensee or trainee. [Amended by 1971 c.115 �11; 1973 c.411 �6; 1983 c.810 �15; 2015 c.367 �15]

�� 692.180 Prohibited acts; disciplinary actions; penalties; rules. (1) An applicant or person subject to the authority of the State Mortuary and Cemetery Board commits a prohibited act if the person engages in:

�� (a) Misrepresentation in the conduct of business or in obtaining a license.

�� (b) Fraudulent or dishonest conduct, when the conduct bears a demonstrable relationship to funeral service practice, embalming practice or the operation of cemeteries, crematoriums or other facilities for final disposition of human remains.

�� (c) Except as provided in this paragraph, solicitation of human remains by the licensee or any agent, assistant or employee of the licensee, either before or after death. This paragraph does not apply to:

�� (A) Activities permissible under ORS 97.923 to 97.949; or

�� (B) The sale, in accordance with provisions of the Insurance Code, of prearranged funeral or cemetery merchandise or services, or any combination thereof, to be funded by the contemporaneous or subsequent assignment of a life insurance policy or an annuity contract.

�� (d) Offensive treatment of dead human bodies or evidence that a body in the person�s custody has been disposed of in violation of ORS chapter 432 or rules adopted pursuant thereto.

�� (e) Aiding or abetting a person who is not a licensee or a trainee in any act involving the disposition of dead human bodies before the bodies undergo final disposition or before the bodies are transported out of the State of Oregon.

�� (f) Sale or reuse of any casket or body container that has been previously utilized for the placement of a deceased human body. This does not include use of a rental cover as defined in ORS 692.010.

�� (g) Violation of any of the provisions of ORS chapter 97 or 432 or this chapter or violation of any rules adopted by the board.

�� (h) Violation of any provision of ORS 97.937 or regulations adopted by the Federal Trade Commission regulating funeral industry practices.

�� (i) Conviction of a crime, when the crime bears a demonstrable relationship to funeral service practice, embalming practice, death care consultant practice or the operation of cemeteries, crematoriums or other facilities for final disposition of human remains. A certified copy of the conviction is conclusive evidence of the conviction.

�� (j) Violation of ORS chapter 97 as it relates to disposition of human bodies and to cemeteries.

�� (k) Refusing to surrender promptly the custody of a dead human body, upon the express order of the person lawfully entitled to the custody of the body.

�� (L) Acting as the legal representative of any deceased person for whom the licensee has rendered services governed by this chapter. This subsection does not prohibit a licensee from acting as the legal representative of a deceased relative or a deceased licensee if the deceased licensee was a partner, employee or employer in the licensee�s practice.

�� (m) Failure to pay any civil penalty imposed by the board within 10 days after the order is entered or, if appealed, within 10 days after the order is sustained on appeal.

�� (n) Impairment as defined in ORS 676.303.

�� (2) If the board finds that a person has committed an act described in this section the board may, in the manner provided in ORS chapter 183 for contested cases, take any of the following disciplinary actions:

�� (a) Issue a reprimand.

�� (b) Place limitations on a license to prohibit a licensee from performing certain actions or from engaging in the scope of practice in a particular manner for a period of time determined by the board.

�� (c) Place a licensee on probation for a period of time determined by the board and subject to any conditions specified by the board including supervision by the board or a third party selected by the board.

�� (d) Suspend a license for a period of time determined by the board.

�� (e) Revoke a license for a period of time determined by the board, including permanent revocation.

�� (f) Refuse to grant or renew a license.

�� (g) Assess a civil penalty not to exceed $5,000.

�� (3)(a) In addition to the disciplinary action authorized by subsection (2) of this section, if the board has reasonable cause to believe that any person has engaged, is engaging or is about to engage in any violation of any provision of this chapter or any rule or order adopted under this chapter, the board may issue an order of emergency suspension without a hearing or an order directed to the person to cease and desist from the violation or threatened violation and take corrective action.

�� (b) The board shall mail a copy of an order issued under this subsection to the person by first class mail with certificate of mailing.

�� (c) An order issued under this subsection must include the following:

�� (A) A statement of the facts constituting the violation;

�� (B) The effective date of the order; and

�� (C) A notice to the person named in the order of the right to request a hearing and that any hearing request for an emergency suspension action must be received by the board no later than 90 days after the date the order was mailed by the board. For a cease and desist order, a request for a hearing must be received by the board no later than 21 days after the date the order was mailed by the board.

�� (d) If the board receives a timely request for a hearing concerning an order issued under paragraph (c) of this subsection, the board shall schedule the hearing no later than 30 days after receiving the request. The board shall mail written notice of the hearing to the person by first class mail with certificate of mailing no later than seven days before the scheduled hearing date.

�� (e) In the event of a contested case hearing, the civil penalties assessed in the cease and desist order are suspended until issuance of a final order, but the remaining provisions of the cease and desist order shall remain in full force and effect until issuance of the final order. After the hearing, the board shall enter a final order vacating, modifying or affirming the cease and desist order. A cease and desist order described in this subsection becomes final if the person does not file a timely request for a hearing concerning the order or fails to appear at the requested hearing as scheduled.

�� (f) A person aggrieved by a cease and desist order of the board that was the subject of a timely application for hearing shall be entitled to judicial review of the cease and desist order under ORS chapter 183.

�� (g) A judgment of a reviewing court under ORS chapter 183 does not bar the board from thereafter vacating or modifying a cease and desist order involved in the proceeding for review, or entering any new order, for a proper cause that was not decided by the reviewing court.

�� (h) The board may file an injunction against a person for failure to comply with a cease and desist order.

�� (i) An emergency suspension order is an interim order and not a final order.

�� (j) The issuance of a board order under this subsection is subject to ORS 183.413 to 183.497.

�� (4) All amounts recovered under this section shall be deposited in the State Mortuary and Cemetery Board Account established under ORS 692.375.

�� (5) Civil penalties under this section shall be imposed as provided in ORS 183.745.

�� (6) Upon receipt of a complaint, or upon its own motion, the board shall conduct an investigation as described under ORS 676.165.

�� (7) Information that the board obtains as part of an investigation into licensee or applicant conduct or as part of a contested case proceeding, consent order or stipulated agreement involving licensee or applicant conduct is confidential as provided under ORS 676.175. [Amended by 1971 c.115 �12; 1983 c.810 �16; 1985 c.207 �12; 1987 c.252 �8; 1987 c.813 �10; 1991 c.734 �82; 1995 c.326 �1; 1995 c.696 �45; 1997 c.791 �53; 1999 c.59 �207; 2001 c.796 �21; 2009 c.709 �13; 2009 c.756 �84; 2015 c.367 �16; 2025 c.316 �1]

�� 692.190 Application for registration as funeral service practitioner trainee or embalmer trainee; requirements; rules. (1) An individual who wishes to train to be a funeral service practitioner or embalmer shall apply to the State Mortuary and Cemetery Board for registration as a funeral service practitioner trainee or an embalmer trainee upon a form provided by the board. The individual must consent to a background check, including any information required by the Department of State Police. The application must be accompanied by the fee established under ORS 692.160.

�� (2) A funeral service practitioner trainee must be supervised by a funeral service practitioner practicing in this state who is licensed by and in good standing with the board.

�� (3) An embalmer trainee must be under the direct supervision of an embalmer practicing in this state who is licensed by and in good standing with the board.

�� (4) A trainee registered under this section may not perform activities regulated under this chapter unless:

�� (a) The activities are performed under the supervision of a licensee; and

�� (b) The activities fall within the scope of the training for which the trainee is registered.

�� (5) To complete training required to be a funeral service practitioner or an embalmer, an individual must:

�� (a) Complete and document the requisite number of cases as determined by the board by rule;

�� (b) Demonstrate the requisite competencies as determined by the board by rule; and

�� (c) Meet any other requirement established by the board by rule.

�� (6)(a) A licensed funeral service practitioner who is in good standing with the board or a licensed embalmer who is in good standing with the board may serve as a preceptor for interns enrolled in an accredited funeral service education program that is registered with the board.

�� (b) A licensed funeral service practitioner or licensed embalmer must notify the board in a manner and form prescribed by the board by rule when beginning or ceasing service as a preceptor under this subsection.

�� (c) A preceptor must directly supervise the activities of interns. An intern may not perform activities regulated under this chapter unless:

�� (A) The activities are performed under the supervision of a preceptor; and

�� (B) The activities are performed for or as part of the funeral service education program.

�� (7) The board shall adopt rules under which the board may confer credit for training performed by:

�� (a) An applicant under ORS 692.140; or

�� (b) An applicant whose registration under this section has lapsed. [Amended by 1973 c.411 �7; 1981 c.719 �8; 1983 c.810 �12; 1985 c.207 �13; 1989 c.177 �9; 1993 c.275 �1; 1997 c.97 �1; 1997 c.638 �9; 2007 c.170 �2; 2011 c.74 �1; 2015 c.367 �9]

�� 692.200 [Amended by 1973 c.411 �8; repealed by 1983 c.810 �29]

�� 692.210 [Repealed by 1983 c.810 �29]

�� 692.220 [Repealed by 1983 c.810 �29]

�� 692.230 Trainees; disciplinary action; reregistration; confidentiality. (1) The State Mortuary and Cemetery Board may take disciplinary action as described in ORS 692.180 if the board finds that a trainee committed a prohibited act described in ORS 692.180.

�� (2) A trainee whose registration has been suspended or revoked under ORS 692.180 may apply for reregistration within one year after completion of the suspension or revocation period, but the board may not allow more than two reregistrations. When the circumstances warrant, the board may allow a trainee credit under a reregistration for time actually served under a previous registration. However, if the previous registration has been suspended or revoked under ORS 692.180, the board may not provide credit for more than 75 percent of the time previously served.

�� (3) Upon receipt of a complaint, or upon its own motion, the board shall conduct an investigation as described under ORS 676.165.

�� (4) Information that the board obtains as part of an investigation into trainee conduct or as part of a contested case proceeding, consent order or stipulated agreement involving trainee conduct is confidential as provided under ORS 676.175. [Amended by 1973 c.411 �9; 1983 c.810 �17; 1997 c.791 �54; 2015 c.367 �17; 2025 c.316 �2]

�� 692.240 [Amended by 1971 c.115 �13; repealed by 1971 c.734 �21]

�� 692.250 [Repealed by 1971 c.734 �21]

�� 692.260 [1957 c.596 �6; 1971 c.734 �149; 1983 c.810 �18; 1989 c.177 �10; 1997 c.638 �10; 2009 c.709 �14; repealed by 2025 c.316 �5]

�� 692.265 Disciplinary actions; procedures; rules. (1) If the State Mortuary and Cemetery Board proposes to take disciplinary action as described in ORS 692.180, the board shall accord an opportunity for hearing as provided in ORS chapter 183.

�� (2) Adoption of rules, conduct of hearings and issuance of orders and judicial review of rules and orders shall be as provided in ORS chapter 183. [1971 c.734 �151; 1983 c.810 �19; 2025 c.316 �3]

�� 692.270 Certificate of removal registration for removal of dead human bodies; requirements; sanctions. (1) The State Mortuary and Cemetery Board shall issue a certificate of removal registration to a funeral establishment licensed in another state contiguous to Oregon with laws substantially similar to the provisions of this section for the limited purpose of removing dead human bodies from Oregon, prior to submitting a report of death, if the establishment that will make the removals applies to the board for a certificate of removal registration on a form provided by the board. The application fee established under ORS 692.160 shall accompany the application. A certificate issued under this subsection expires upon a change of ownership of the funeral establishment.

�� (2) For purposes of this section, each branch of a registrant�s funeral establishment is a separate establishment and must be registered as a fixed place of business.

�� (3) Notwithstanding ORS 692.025 (1) and 692.045, a funeral service practitioner who files reports of death in another state may file an Oregon report of death if the funeral service practitioner is employed by a licensed funeral establishment registered with the board under this section.

�� (4) The conduct of a funeral service practitioner or any other person employed by or acting on behalf of a removal registrant shall be the direct responsibility of the holder of a certificate of removal registration.

�� (5) For any of the prohibited acts described in ORS 692.180, or for violation of any death care rule or law in another state, the board may impose upon the holder of a certificate of removal registration or applicant any of the sanctions described in ORS 692.180. [1999 c.724 �6; 2013 c.366 �80; 2025 c.316 �4]

�� Note: 692.270 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 692 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 692.275 Certificate of authority for operating cemetery, crematorium or facility for final disposition; fees; registration of certain cemeteries; rules applicable to crematoriums. (1) A person may not conduct the business of an operating cemetery unless the person has a certificate of authority to do so. A person may apply for a certificate of authority on a form provided by the State Mortuary and Cemetery Board. The application must be accompanied by the application fee established under ORS 692.160. However, any exempt operating cemetery is entitled to receive a certificate of authority to operate upon payment of an initial fee not to exceed $100 and a fee not to exceed $50 for registration of all principals regardless of the total number of principals. An exempt operating cemetery is not required to pay the renewal fee or the fee for any change in principal other than the cemetery manager.

�� (2) A cemetery, other than an operating cemetery or a historic cemetery listed with the Oregon Commission on Historic Cemeteries under ORS 97.782, must be registered with the board. An owner of a cemetery, other than an operating cemetery or a historic cemetery listed with the Oregon Commission on Historic Cemeteries under ORS 97.782, must register the cemetery with the board on a form provided by the board. No fee may be required of a cemetery registrant.

�� (3) A person may not operate a crematorium unless the person has a certificate of authority to do so. A person may apply for a certificate of authority to operate a crematorium on a form provided by the board. The application must be accompanied by the application fee established under ORS 692.160.

�� (4) A person may not operate a facility for final disposition of human remains other than a cemetery or a crematorium unless the person has a certificate of authority to do so. A person may apply for a certificate of authority on a form provided by the board. The application must be accompanied by an application fee established under ORS 692.160.

�� (5) For purposes of this section and ORS 692.025, each location of a cemetery, crematorium or other facility for final disposition of human remains is a separate location and must be licensed separately. Those cemeteries that are subject to registration must be registered separately.

�� (6) The board may consider the recommendations of national associations:

�� (a) Related to cremation in adopting rules regulating crematoriums.

�� (b) Related to an alternative final disposition in adopting rules regulating the alternative final disposition.

�� (7) This section applies to operating cemeteries or other cemeteries owned by any city, county or other municipal corporation.

�� (8) The board may not subject an exempt operating cemetery to random inspections. [1985 c.207 �19; 1989 c.177 �11; 1991 c.542 �3; 1999 c.731 �11; 2001 c.224 �2; 2003 c.173 �10; 2007 c.436 �2; 2009 c.709 �5; 2021 c.296 �23]

�� 692.280 Temporary operating permit for cemetery; rules. (1) The State Mortuary and Cemetery Board may grant a temporary operating permit for a cemetery that does not hold a valid license to operate for the purpose of performing an interment. The board may grant the temporary operating permit to a person that holds a license, certificate of authority or registration issued by the board, or to a person who works in the cemetery industry and who the board determines is qualified.

�� (2) The board may grant the temporary operating permit described in subsection (1) of this section only if a death that necessitates interment has occurred and there is an existing prearrangement sales contract, as defined in ORS 97.923, to which the cemetery is a party.

�� (3) The board shall adopt rules regarding temporary operating permits. The rules adopted under this subsection must require:

�� (a) That the person granted the temporary operating permit maintain records; and

�� (b) That the plot location stated in the existing prearrangement sales contract is verified before the interment.

�� (4) The board may not charge a fee for a temporary operating permit. [2018 c.27 �1]

�� Note: 692.280 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 692 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 692.285 [1985 c.207 �21; 1987 c.813 �14; 1993 c.467 �1; 1995 c.144 �6; 1995 c.325 �1; 1997 c.98 �1; repealed by 2001 c.796 �29]

STATE BOARD

�� 692.300 State Mortuary and Cemetery Board; appointment; term; qualifications. (1) There is created the State Mortuary and Cemetery Board to carry out the purposes and enforce the provisions of this chapter. The board consists of 11 members appointed by the Governor and subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. All members of the board must be residents of this state. Of the members of the board:

�� (a) One member must be a funeral service practitioner.

�� (b) Two members must be representatives of an immediate disposition company or a licensed funeral establishment, and at least one of the two must be a licensed embalmer.

�� (c) Three members must be representatives of cemeteries, one representing a for-profit cemetery, one representing a nonprofit cemetery and one representing a cemetery owned or operated by a city, county or special district.

�� (d) One member must be a representative of a crematorium or other facility for final disposition of human remains under ORS 692.275 that is not a cemetery.

�� (e) Four members must be representatives of the public, one of whom must be a member of a recognized senior citizen organization.

�� (2)(a) For each vacancy on the board under subsection (1)(a) to (d) of this section, the Governor may select a board member from a list of three to five nominees submitted by professional organizations that represent individuals licensed, certified or registered by the board or facilities regulated by the board.

�� (b) In selecting the members of the board, the Governor shall strive to balance the representation on the board according to:

�� (A) Geographic areas of this state; and

�� (B) Ethnicity.

�� (3)(a) The term of office of the members of the board shall be four years, but a member serves at the pleasure of the Governor. The terms must be staggered so that no more than four terms end each year. Except as provided in paragraph (c) of this subsection, a member is eligible for no more than two consecutive terms. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective to fill the vacancy. The four-year term of a board member appointed to a vacant position begins on the date of appointment.

�� (b) A board member shall be removed immediately from the board if, during the member�s term, the member:

�� (A) Is not a resident of this state;

�� (B) Has been absent from three consecutive board meetings, unless at least one absence is excused;

�� (C) Is not a licensed funeral service practitioner or a retired funeral service practitioner whose license was in good standing at the time of retirement, if the board member was appointed to serve on the board as a funeral service practitioner; or

�� (D) Is not an authorized representative of a cemetery, crematorium, funeral establishment or immediate disposition company, or other facility that is regulated by and in good standing with the board, if the board member was appointed to serve on the board as a representative of the facility.

�� (c) A member who is a representative of the public may serve more than two consecutive terms if no other member of the public applies to fill an open position. [Amended by 1971 c.650 �25; 1973 c.792 �46; 1979 c.858 �3; 1981 c.439 �1; 1983 c.810 �20; 1985 c.207 �15; 1991 c.542 �5; 1997 c.632 �12; 2009 c.535 �35; 2009 c.756 �85; 2017 c.103 �1]

�� 692.310 Meetings; officers. The State Mortuary and Cemetery Board shall meet at least semiannually, and at such other times as it may determine, and shall elect from its members, each for a term of one year, a president and secretary. The secretary shall also act and serve as treasurer of the board. [Amended by 1971 c.115 �14; 1973 c.411 �10; 1983 c.810 �21]

�� 692.320 Powers and duties; rules. (1) The State Mortuary and Cemetery Board may adopt and enforce rules for the protection of the public health, safety and welfare relating to the following:

�� (a) The licensing of or issuance of certificates of authority for funeral service practitioners, embalmers, death care consultants, funeral establishments, crematoriums, cemeteries and other facilities for final disposition of human remains.

�� (b) The registration of trainees.

�� (c) The practice of funeral service practitioners, embalmers and death care consultants, and the operation of funeral establishments, immediate disposition companies, crematoriums, cemeteries and other facilities for final disposition of human remains.

�� (d) Sanitary conditions of funeral establishments, crematoriums, cemeteries, other facilities for final disposition of human remains and any location at which human remains are stored, temporarily held or processed prior to final disposition.

�� (e) Matters necessary to carry out the provisions of this chapter.

�� (2)(a) Subject to paragraphs (c), (d) and (e) of this subsection, the board:

�� (A) Shall inspect, at least once every two years, the premises and records of funeral establishments, cemeteries, crematoriums, immediate disposition companies and other facilities used for the final disposition of human remains and any other location at which human remains may be stored, temporarily held or processed prior to final disposition; and

�� (B) May make random inspections or establish a self-inspection program to supplement inspections required by subparagraph (A) of this paragraph.

�� (b) The board shall employ one or more persons to perform inspections under this subsection and to aid in the enforcement of the provisions of this chapter and ORS chapters 97 and 432 or rules adopted under this chapter and ORS chapters 97 and 432, except that the board may not employ a person under this paragraph if the person is a member of the board or actively engaged in a profession or practice regulated by this chapter. However, a person who is a member of the board or actively engaged in a practice or profession regulated by this chapter may perform inspections pursuant to a self-inspection program established under paragraph (a) of this subsection.

�� (c) The board may inspect records under this subsection only to the extent that is necessary to ensure compliance with the provisions of this chapter and ORS chapters 97 and 432 or rules adopted under this chapter or ORS chapters 97 and 432.

�� (d) The board may not inspect any area used as living quarters under this subsection.

�� (e) The board may adopt rules setting forth criteria by which an exempt operating cemetery is exempt from inspections described in paragraph (a)(A) of this subsection.

�� (3) The board may hold hearings, conduct investigations, subpoena witnesses, administer oaths and take testimony in order to carry out the provisions of this chapter and rules adopted under this chapter.

�� (4) The board shall have a common seal and, subject to any applicable provision of the State Personnel Relations Law, may employ staff, fix the compensation for staff and incur other necessary expenses. [Amended by 1957 c.596 �8; 1973 c.411 �11; 1983 c.389 �6; 1983 c.810 �22; 1985 c.207 �17; 1987 c.252 �1; 1989 c.177 �12; 1993 c.248 �4; 1997 c.638 �11; 2009 c.709 �6; 2009 c.756 �86; 2015 c.367 �18; 2015 c.516 �1]

�� 692.330 Compensation and expenses. Each member of the State Mortuary and Cemetery Board is entitled to compensation and expenses as provided in ORS 292.495. [Amended by 1969 c.314 �93; 1973 c.411 �12]

�� 692.340 [Repealed by 1973 c.411 �15]

�� 692.350 Publication of statutes and rules. Except as provided in this section, after each change in the provisions of this chapter or in the rules adopted under this chapter, the State Mortuary and Cemetery Board shall publish for distribution to funeral service practitioners, embalmers and trainees of funeral service practitioners and embalmers, and to other interested persons, the provisions of this chapter together with all rules adopted under this chapter. If a change or changes in the rules are not extensive in scope, the board may publish the changes in supplementary form. [Amended by 1983 c.810 �23; 2015 c.367 �19]

�� 692.360 [Repealed by 1973 c.411 �15]

�� 692.370 [Amended by 1967 c.637 �35; repealed by 1973 c.411 �15]

�� 692.375 State Mortuary and Cemetery Board Account; disposition of receipts. The State Mortuary and Cemetery Board Account is established in the State Treasury, separate and distinct from the General Fund. All moneys received by the State Mortuary and Cemetery Board under this chapter shall be paid into the account and are appropriated continuously to be used only for the administration and enforcement of this chapter, for the administration and enforcement of ORS 97.931 and for the purpose of education of funeral service practitioners, embalmers and death care consultants. Any interest or other income from moneys in the account shall be credited to the account. [1973 c.411 �14; 1983 c.810 �24; 2001 c.796 �26; 2005 c.726 �1; 2009 c.709 �15]

ENFORCEMENT

�� 692.380 Courts having jurisdiction; initiation of proceedings. Circuit courts, justice courts and municipal courts sitting as justice courts have concurrent jurisdiction with the circuit courts of the State of Oregon in all prosecutions arising under this chapter. The district attorney is authorized to institute prosecutions for violations of this chapter by information, or prosecutions may be instituted by indictment, or by complaint verified before any magistrate.

�� 692.385 Enforcement proceedings instituted by board; relation to other enforcement provisions. (1) Whenever it appears to the State Mortuary and Cemetery Board that any person is engaged or about to engage in any acts or practices which constitute a violation of any statute administered by the board, or any rule or order issued thereunder, the board may institute proceedings in the circuit courts to enforce obedience thereto by injunction, or by other processes, mandatory or otherwise, restraining such person, or its officers, agents, employees and representatives from further violation of such statute, rule or order, and enjoining upon them obedience thereto.

�� (2) The provisions of this section are in addition to and not in substitution of any other enforcement provisions contained in any statute administered by the board. [1987 c.252 �3]

�� 692.387 [1987 c.252 �4; repealed by 2015 c.516 �2]

�� 692.389 [1987 c.252 �5; repealed by 2015 c.516 �2]

�� 692.391 [1987 c.252 �6; repealed by 2015 c.516 �2]

�� 692.393 [1987 c.252 �7; repealed by 2015 c.516 �2]

MISCELLANEOUS

�� 692.400 Duty to report prohibited conduct. Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, a person licensed or registered under this chapter who has reasonable cause to believe that a licensee of another board has engaged in prohibited conduct as defined in ORS 676.150 shall report the prohibited conduct in the manner provided in ORS 676.150. [2009 c.536 �35]

�� 692.405 Identifying receptacle. The funeral service practitioner or person acting as such shall be responsible for causing to be affixed to each receptacle, as defined by rule of the State Mortuary and Cemetery Board, in which a dead human body is contained an identifying metal disc, of a design to be approved by rule of the State Mortuary and Cemetery Board, that shall remain attached to the receptacle in which the body is contained and shall bear a corresponding number that is also in the report of death and the final disposition permit. In the event of cremation or reduction, the disc shall stay with the cremated or reduced remains. [1985 c.207 �20; 2013 c.366 �81; 2021 c.296 �24]

�� 692.410 Environmentally sound practices; rules. The State Mortuary and Cemetery Board shall adopt rules promoting environmentally sound death care practices. [2009 c.709 �7]

�� Note: 692.410 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 692 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 692.415 Report of death filing fee; use of funds; rules. (1) The State Mortuary and Cemetery Board shall impose and collect a filing fee of $30 for each report of death. The board shall deposit the amount received into the State Mortuary and Cemetery Board Account established under ORS 692.375. The fee shall be used as follows:

�� (a) $16 to be used to carry out the requirements of ORS 97.170 (5); and

�� (b) $14 to be used in the same manner as other funds credited to the account are used.

�� (2) The board shall adopt rules regarding the use of the fee described in subsection (1) of this section and shall consider historical data related to expenditures made for the purposes of carrying out the requirements of ORS 97.170 (5) and

ORS 694.525

694.525; 2003 c.14 �432; 2005 c.698 �20; 2005 c.726 �18a; 2013 c.240 �11]

(Enforcement)

�� 681.490 Investigation of complaints and alleged violations; subpoenas; remedies; civil penalties. (1) The State Board of Examiners for Speech-Language Pathology and Audiology:

�� (a) May, upon its own motion, investigate any alleged violation of this chapter.

�� (b) Shall, upon the complaint of any resident of this state, investigate any alleged violation of this chapter.

�� (2) In the conduct of investigations, the board may:

�� (a) Take evidence;

�� (b) Take the depositions of witnesses, including the person charged, in the manner provided by law in civil cases;

�� (c) Compel the appearance of witnesses, including the person charged, before the board in person the same as in civil cases;

�� (d) Require answers to interrogatories; and

�� (e) Compel the production of books, papers, accounts, documents and testimony pertaining to the matter under investigation.

�� (3) In exercising its authority under subsection (2) of this section, the board may issue subpoenas over the signature of the board chairperson, vice chairperson or executive director and the seal of the board in the name of the State of Oregon.

�� (4) The board may bring a cause of action for injunction or other appropriate remedy to enforce any provision of this chapter.

�� (5) In addition to or in lieu of any other sanction permitted under this chapter, the board may impose a civil penalty of up to $5,000 for each violation of the provisions of this chapter or rules adopted by the board under this chapter. A civil penalty imposed under this section shall be imposed in the manner provided in ORS 183.745. [1989 c.843 �4; 1995 c.280 �24; 2005 c.698 �21; 2011 c.133 �10]

�� 681.495 Board duty to investigate complaints. Upon receipt of a complaint under this chapter, the State Board of Examiners for Speech-Language Pathology and Audiology shall conduct an investigation as described under ORS 676.165. [1997 c.791 �31]

�� 681.505 Report of suspected violations; liability of complainant. (1)(a) Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, a licensee of the State Board of Examiners for Speech-Language Pathology and Audiology shall report any suspected violation of this chapter or any prohibited conduct as defined in ORS 676.150 in the manner provided in ORS 676.150.

�� (b) Any person may report to the board any suspected violation of this chapter.

�� (2) A person who has made a complaint as to the conduct of an applicant, licensee or conditional licensee of the board or who has given information or testimony relative to a proposed or pending proceeding for misconduct against the applicant, licensee or conditional licensee of the board is not answerable for any such act in any proceeding except for perjury. [1985 c.64 �11; 1995 c.280 �25; 2005 c.698 �22; 2009 c.536 �2]

�� 681.605 [1985 c.64 �10; 2005 c.698 �23; repealed by 2009 c.701 �67]

MUSIC THERAPISTS

�� 681.700 Definitions for ORS 681.700 to 681.730. As used in ORS 681.700 to 681.730, unless the context requires otherwise:

�� (1) �Music therapist� means a person licensed to practice music therapy under ORS 681.700 to 681.730.

�� (2)(a) �Music therapy� means the clinical and evidence-based use of specialized music techniques to accomplish individualized goals of music therapy clients by employing strategies and tools that include but are not limited to:

�� (A) Acceptance of clients referred for music therapy by other health care or educational professionals, family members or caregivers;

�� (B) Assessment of clients to determine appropriate music therapy services;

�� (C) Development and implementation of individualized music therapy treatment plans that identify goals, objectives and strategies of music therapy that are appropriate for clients;

�� (D) Use of music therapy techniques such as improvisation, performance, receptive music listening, song writing, lyric discussion, guided imagery with music, learning through music and movement to music;

�� (E) Evaluation of a client�s response to music therapy techniques and to the client�s individualized music therapy treatment plan;

�� (F) Any necessary modification of the client�s individualized music therapy treatment plan;

�� (G) Any necessary collaboration with other health care professionals treating a client; and

�� (H) Minimizing of barriers that may restrict a client�s ability to receive or fully benefit from music therapy services.

�� (b) �Music therapy� does not include the diagnosis of physical, mental or communication disorders. [2015 c.632 �1]

�� Note: 681.700 to 681.730 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 681 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 681.710 License to practice music therapy; fees. The Health Licensing Office shall issue a license to practice music therapy to an applicant who:

�� (1) Is at least 18 years of age;

�� (2) Is in good standing in any other states where the applicant is licensed or certified to practice music therapy;

�� (3) Submits sufficient proof, as determined by the office, of:

�� (a) Having passed the Certification Board for Music Therapists examination;

�� (b) Current certification with the Certification Board for Music Therapists; or

�� (c) A professional designation of �registered music therapist,� �certified music therapist� or �advanced certified music therapist� issued by the National Music Therapy Registry;

�� (4) Pays a licensure fee; and

�� (5) Meets other qualifications specified by the office under ORS 681.730. [2015 c.632 �2]

�� Note: See note under 681.700.

�� 681.720 Unauthorized practice of music therapy, use of title �music therapist�; exemptions. (1) A person may not practice music therapy or assume or use any title, words or abbreviations, including the title or designation �music therapist,� that indicate that the person is authorized to practice music therapy unless the person is licensed under ORS 681.710.

�� (2) Subsection (1) of this section does not prohibit:

�� (a) A person licensed under the laws of this state in a profession or occupation other than music therapy from using music in a manner incidental to the person�s practice;

�� (b) The use of music therapy as an integral part of a music therapy education program; or

�� (c) A person whose training and national certification attest to the person�s preparation and ability to practice the profession or occupation in which the person is certified, if the person does not represent that the person is a music therapist. [2015 c.632 �3]

�� Note: See note under 681.700.

�� 681.730 Rules. The Health Licensing Office shall adopt rules to:

�� (1) Establish a process for issuance of licenses to practice music therapy;

�� (2) Establish licensure fees;

�� (3) Determine qualifications for applicants for initial licensure, licensure renewal and licensure by reciprocity;

�� (4) Approve:

�� (a) The Certification Board for Music Therapists examination;

�� (b) The certification issued by the Certification Board for Music Therapists; and

�� (c) The professional designations issued by the National Music Therapy Registry;

�� (5) Develop and maintain a publicly available record of music therapists; and

�� (6) Establish standards of practice and professional responsibility for music therapists. [2015 c.632 �4; 2019 c.456 �43]

�� Note: See note under 681.700.

�� 681.733 Authority of Health Licensing Office to discipline. In the manner provided under ORS chapter 183 for contested cases, the Health Licensing Office may impose a form of discipline listed in ORS 676.612 against a person practicing music therapy for any of the grounds listed in ORS 676.612, or for any violation of ORS

ORS 696.022

696.022 who engage in residential property wholesaling.

�� (6) The requirement to register as a residential property wholesaler does not apply to a person:

�� (a) Who is licensed under ORS 696.022 and is engaging in professional real estate activity;

�� (b) Who is an attorney at law rendering services in the performance of duties as an attorney at law;

�� (c) Who acts in the person�s official capacity as a receiver, a conservator, a trustee in bankruptcy, a personal representative or a trustee, or a regular salaried employee of the trustee, acting under a deed of trust, will or trust agreement, provided that the trustee does not use the trust agreement as a device to engage in residential property wholesaling without obtaining the necessary registration;

�� (d) Who acts as attorney in fact under a duly executed power of attorney in which the authorized agent is the spouse of the principal, or the child, grandchild, parent, grandparent, sibling, aunt, uncle, niece or nephew of the principal or of the spouse of the principal, authorizing real estate activity if the power of attorney is recorded in the office of the recording officer for the county in which the real estate to be sold, leased or exchanged is located; or

�� (e) Who acts as attorney in fact under a duly executed power of attorney from the owner or purchaser authorizing the supervision of the closing of or supervision of the performance of a contract for the sale, lease or exchange of real estate if the power of attorney was executed prior to July 1, 2002, in compliance with the requirements of law at the time of execution or if:

�� (A) The power of attorney is recorded in the office of the recording officer for the county in which the real estate is located;

�� (B) The power of attorney specifically describes the real estate; and

�� (C) The person does not use the power of attorney as a device to engage in residential property wholesaling without obtaining the necessary registration. [2024 c.3 �2]

�� Note: See note under 696.650.

�� 696.656 Residential property wholesaler registration; requirements; rules. (1) The Real Estate Agency may issue a residential property wholesaler registration only to an individual.

�� (2) In accordance with any applicable provisions of ORS chapter 183, the Real Estate Commissioner shall establish by rule a system to register residential property wholesalers. Such a system shall include but need not be limited to prescribing:

�� (a) The form and content of and the times and procedures for submitting an application for the issuance or renewal of registration.

�� (b) The term of the registration and the fee for the initial issuance and renewal in an amount that does not exceed the maximum amount described in ORS 696.659.

�� (c) Those actions or circumstances that constitute failure to achieve or maintain registration or competency or that otherwise constitute a danger to the public interest and for which the commissioner may refuse to issue or renew or may suspend or revoke a registration or may impose a penalty.

�� (3) For an applicant to qualify for registration, the commissioner must receive:

�� (a) Certification that the applicant has a high school diploma or a certificate for passing an approved high school equivalency test such as the General Educational Development (GED) test or the international equivalent, or other equivalent education acceptable to the commissioner;

�� (b) Certification that the applicant is at least 18 years of age; and

�� (c) A list of all entities, business names and assumed business names under which the applicant has conducted or will conduct residential property wholesaling activity, along with evidence that all business names and assumed business names are registered with the Secretary of State and all entities, including foreign entities, are authorized by the Secretary of State to transact business in this state.

�� (4) Registration for residential property wholesalers shall be granted only if the applicant is trustworthy and competent to conduct residential property wholesaling in such manner as to safeguard the interests of the public and only after satisfactory proof has been presented to the commissioner. As used in this subsection, �satisfactory proof� includes but is not limited to a criminal records check of the applicant under ORS 181A.195. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the commissioner may require the fingerprints of the applicant. [2024 c.3 �3]

�� Note: See note under 696.650.

�� 696.659 Fees. The Real Estate Commissioner, with the approval of the Oregon Department of Administrative Services, may prescribe the fees that the Real Estate Agency may charge for activities listed under this section, subject to the following maximum amounts:

�� (1) For initial issuance of residential property wholesaler registration under ORS 696.656, $300; and

�� (2) For renewal of residential property wholesaler registration under ORS 696.656, $300. [2024 c.3 �4]

�� Note: See note under 696.650.

�� 696.662 Disclosure requirements; rules. (1) Residential property wholesalers shall provide a residential property wholesaler written disclosure:

�� (a) To any potential buyers and sellers before entering into a written contract for a residential property wholesale transaction;

�� (b) To any individual licensed under ORS 696.022 who is engaged to assist the residential property wholesaler in marketing or listing the property;

�� (c) To any individual licensed under ORS 696.022 who is assisting a potential buyer in purchasing the property; and

�� (d) In all advertising related to the residential property that is the subject of a residential property wholesale transaction.

�� (2) For purposes of this section, the Real Estate Agency shall establish the standards for proper residential property wholesaler written disclosure requirements under this section. The disclosure must be in at least 10-point bold type, must contain information prescribed by the Real Estate Commissioner and at a minimum must state that the residential property wholesaler or, if applicable, the entity on behalf of which the residential property wholesaler is conducting residential property wholesaling:

�� (a) Is a residential property wholesaler;

�� (b) Has only an equitable interest in the property being sold;

�� (c) Does not have legal title to the property and therefore might be unable to directly transfer title to the buyer;

�� (d) Might not be a licensed real estate broker or principal broker and therefore might not be permitted to engage in professional real estate activity; and

�� (e) Might not be a licensed appraisal specialist and therefore might not be permitted to provide an opinion as to the value of the property.

�� (3) A seller or buyer who enters into a written contract for a residential property wholesale transaction may cancel the contract without penalty by delivery of a written notice of cancellation any time before 12 midnight at the end of the third business day after the receipt of the residential property wholesaler written disclosure. The right of cancellation granted by this subsection may not be waived. Upon cancellation, all earnest money or deposits shall be returned to the person who provided the earnest money or deposit.

�� (4) If the residential property wholesaler fails to provide a residential property wholesaler written disclosure to the seller before entering into a written contract for a residential property wholesale transaction, the seller may terminate the contract at any time without penalty and retain any earnest money or deposit paid to the seller or deposited in escrow by the residential property wholesaler. An escrow agent may disburse the earnest money or deposit to the seller without the need for separate written instructions from the residential property wholesaler if:

�� (a) The seller in writing asserts that the residential property wholesaler written disclosure was not provided to the seller before entering into the written contract for the residential property wholesale transaction and demands disbursement to the seller of all deposits held by the escrow agent; and

�� (b) The seller has provided the escrow agent with a written release and indemnification against all liability arising from the disbursement of the earnest money and deposits to the seller.

�� (5) If the residential property wholesaler fails to provide a residential property wholesaler written disclosure to the seller or buyer, and if the purchase and sale agreement is terminated as a result, the wholesaler shall be liable for damages incurred by seller and buyer.

�� (6) In any mediation or arbitration proceeding or civil action between buyer and seller, between buyer and residential property wholesaler or between seller and residential property wholesaler that arises due to the residential property wholesaler�s failure to provide a residential property wholesaler written disclosure before entering into a written contract for a residential property wholesale transaction as prescribed under this section, the prevailing party is entitled to recover all reasonable attorney fees, costs and expenses incurred at trial, on appeal, at mediation and at arbitration from the residential property wholesaler. [2024 c.3 �5]

�� Note: See note under 696.650.

�� 696.665 Grounds for disciplinary action. The Real Estate Commissioner may suspend or revoke registration of any residential property wholesaler, deny the issuance or renewal of registration to an applicant, or prohibit an individual licensed under ORS 696.022 from engaging in residential property wholesaling as otherwise provided in ORS

ORS 697.602

697.602 to 697.842 is void and unenforceable as contrary to public policy.

�� (b) A debt management service provider may not induce or attempt to induce a consumer to waive a provision of ORS 697.602 to 697.842.

�� (c) A person that claims an exemption from a provision of ORS 697.602 to 697.842 has the burden of proof with respect to the claim in a proceeding under ORS 697.602 to

ORS 701.015

701.015. [1987 c.581 �4; 2001 c.300 �78; 2007 c.319 �12; 2025 c.39 �17; 2025 c.389 �24]

�� Note: 696.365 was added to and made a part of ORS 696.010 to 696.495 but was not added to any smaller series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 696.368 Future right to list; definition; limits; exceptions. (1)(a) As used in this section, �future right to list contract� means a contract granting a right to list, or to refer to another for listing, residential real estate for sale in the future and includes, but is not limited to, any document recorded in the county where the real estate is located relating to the contract, including the contract itself, a memorandum concerning the contract, or a deed of trust to secure the terms of the contract.

�� (b) �Future right to list contract� does not include a will or trust instrument in which the testator or settlor instructs a personal representative or trustee to use the services of a particular real estate licensee or firm upon the death or incapacity of the testator or settlor.

�� (2) A real estate licensee may not solicit, enter into or give or receive compensation arising from a future right to list contract if:

�� (a) The duration of the contract, including any renewals thereof, exceeds 24 months;

�� (b) The contract purports to run with the land or to be binding on future owners of interests in the real property;

�� (c) The contract allows for assignment of the right to provide service without notice to and consent of the owner of residential real estate; or

�� (d) The contract purports to create a lien, encumbrance or other real property security interest.

�� (3) This section does not apply if the future right to list contract is entered into between a real estate licensee and a corporation, limited liability company or partnership and is for the right to list the real property of the corporation, limited liability company or partnership. [2024 c.3 �21]

�� Note: 696.368 was added to and made a part of 696.010 to 696.495 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 696.370 Real estate teams; rules. (1) As used in this section, �real estate team� means a subdivision of a registered business that performs professional real estate activities and is comprised of one or more real estate licensees operating under a name other than the registered business name.

�� (2) Upon approval of the managing principal broker, some or all associated real estate licensees in the main office or in a branch office may form a real estate team.

�� (3) Before entering into a written representation agreement or listing agreement with a buyer or seller, a member of a real estate team shall provide a disclosure to the client in the manner established by the Real Estate Agency by rule. The form established by the agency must disclose the following information:

�� (a) The name and role of each member of the real estate team;

�� (b) Whether individual members of the real estate team are real estate licensees;

�� (c) The name of any members of the real estate team responsible for supervision and control of some or all members of the real estate team, if any;

�� (d) The name of the managing principal broker with whom the real estate licensees on the real estate team are associated and the registered business name of the brokerage; and

�� (e) A statement to the effect that the real estate team must have a disclosed limited agency agreement in place before any members of the real estate team may perform any professional real estate activities for a buyer or seller, when the real estate team either already represents another buyer or seller in the same real estate transaction or already represents another buyer who wants to purchase the same property.

�� (4) A real estate team member must be a principal real estate broker before the real estate team member may supervise or control the actions of any other real estate team members. Unless the real estate team member is the managing principal broker, real estate team members who supervise or control the actions of other real estate team members must have a written supervisory agreement with the managing principal broker as described in ORS 696.310.

�� (5) A name of a real estate team may not include the terms �realty� or �real estate� and may not be identical to the registered business name.

�� (6) A real estate team may not perform professional real estate activities for a buyer or seller when the real estate team either already represents another buyer or seller in the same real estate transaction or already represents another buyer who wants to purchase the same property, unless the real estate team has entered into a disclosed limited agency agreement with the buyer and seller or with the multiple buyers respectively. [2025 c.389 �13]

�� Note: 696.370 was added to and made a part of 696.010 to 696.495 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

(Administration)

�� 696.375 Real Estate Agency; Real Estate Commissioner; confirmation, salary and security of commissioner. (1) The Real Estate Agency is established.

�� (2) The Real Estate Agency shall be under the supervision and control of an administrator who shall be known as the Real Estate Commissioner. The Governor shall appoint the Real Estate Commissioner who shall have been, before the date of appointment, for five years a real estate broker or principal real estate broker actively engaged in business as such in this state. The Governor also may appoint an individual who has been actively connected with the administration of the agency for at least one year as acting or temporary commissioner. The commissioner shall hold office at the pleasure of the Governor and shall be responsible for the performance of the duties imposed upon the agency. The Real Estate Commissioner shall receive such salary as may be provided by law.

�� (3) The appointment of the commissioner is subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565.

�� (4) Before entering upon the duties of office the commissioner shall give to the state a fidelity bond with one or more corporate sureties authorized to do business in this state, or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008, in either case in the sum fixed by the Governor. The premium for the bond or the fee for the letter of credit shall be paid by the agency. [1963 c.580 ��40,41; 1974 c.25 �1; 1975 c.746 �25; 1987 c.414 �38; 1991 c.331 �104; 1995 c.674 �1; 1997 c.631 �523; 2001 c.300 �34; 2007 c.319 �13]

�� 696.380 [Repealed by 1963 c.580 �103]

�� 696.385 Power of agency; rulemaking procedures. The Real Estate Agency shall have the power to:

�� (1) Adopt a seal by which it shall authenticate its proceedings.

�� (2) From time to time, circulate among the real estate licensees of Oregon any material that the agency may deem helpful or educational or proper for the guidance and welfare of the real estate licensees.

�� (3) Make and enforce rules as necessary to administer and enforce the provisions of, and enforce and discharge the duties defined in, any law with the administration or enforcement of which the agency is charged.

�� (4) Except as provided in subsection (5) of this section, when the agency proposes to adopt, amend or repeal a rule concerning real estate licensees, the agency shall:

�� (a) Submit a copy of the proposed rule to the Real Estate Board at least 10 days prior to publication of the notice of intended action required under ORS 183.335 for the rule.

�� (b) Consider any recommendations that the board, by majority vote, makes concerning the proposed rule.

�� (c) Publish as part of the statement of need in the matters any written comments submitted by the board for publication under paragraph (b) of this subsection.

�� (5) Subsection (4) of this section does not apply to a temporary rule that is adopted, amended or suspended pursuant to ORS 183.335 (5). However, the agency shall submit to the board a copy of any proposed temporary rule as soon as practicable and, to the extent possible under the circumstances, consider any recommendations that the board may make by majority vote regarding the temporary rule.

�� (6) Make available to all real estate licensees, free of charge, training material on all rules and laws the agency is charged with carrying out or enforcing. [1963 c.580 �48; 1965 c.617 �5; 1981 c.617 �16; 1985 c.565 �116; 2013 c.145 �14; 2017 c.234 �22; 2025 c.389 �25]

�� 696.390 [Repealed by 1963 c.580 �103]

�� 696.392 Power of commissioner to administer oaths, take depositions and issue subpoenas. (1) The Real Estate Commissioner may administer oaths, take depositions and issue subpoenas to compel the attendance of witnesses and the production of books, papers, records, memoranda or other information necessary to the carrying out of the laws the commissioner is charged with administering.

�� 696.395 Power of commissioner. The Real Estate Commissioner shall have the power to:

�� (1) For the purpose of administration, organize and reorganize, as necessary, the Real Estate Agency in the manner that the commissioner deems necessary to properly conduct the work of the agency.

�� (2) Appoint all subordinate officers and employees of the agency, or such other agents or representatives, and prescribe their duties and fix their compensation, subject to the applicable provisions of the State Personnel Relations Law. Subject to any other applicable law regulating travel expenses, the officers, employees, agents or representatives of the agency shall be allowed such reasonable and necessary travel and other expenses as may be incurred in the performance of their duties.

�� (3) Require a fidelity bond or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 of any officer or employee of the agency who has charge of, handles or has access to any state money or property, and who is not otherwise required by law to give a bond or letter of credit. The amounts of the bonds or letters of credit shall be fixed by the commissioner, except as otherwise provided by law, and the sureties or letter of credit issuers shall be approved by the commissioner. The agency shall pay the premium on the bonds and the fees for the letters of credit. [1963 c.580 �42; 1977 c.649 �45; 1987 c.414 �38a; 1991 c.331 �105; 1997 c.631 �524]

�� 696.396 Investigation of complaints and progressive discipline; rules. (1) The Real Estate Commissioner shall provide by rule for the progressive discipline of real estate licensees and an objective method for investigation of complaints alleging grounds for discipline under ORS 696.301.

�� (2) The rules adopted by the commissioner under this section:

�� (a) Must establish procedures for the discovery of material facts relevant to an investigation and for the reporting of those facts without conclusions of violation or grounds for discipline to the commissioner or the commissioner�s designee by the individual assigned to investigate the complaint.

�� (b) Must provide for progressive discipline designed and implemented to correct inappropriate behavior.

�� (c) May not authorize imposition of a suspension or a revocation of a real estate license unless the material facts establish a violation of a ground for discipline under ORS 696.301 that:

�� (A) Results in significant damage or injury;

�� (B) Exhibits incompetence in the performance of professional real estate activity;

�� (C) Exhibits dishonesty or fraudulent conduct; or

�� (D) Repeats conduct or an act that is substantially similar to conduct or an act for which the real estate licensee was disciplined previously. [2005 c.393 �5]

�� 696.397 Cease and desist order. (1) If the Real Estate Agency has reason to believe that a person has engaged, is engaging or is about to engage in a violation of ORS 696.020 (2) or 696.603 (1), the agency may, subject to ORS chapter 183, issue an order directing the person to cease and desist from the violation or threatened violation.

�� (2) A cease and desist order issued under subsection (1) of this section must include:

�� (a) A statement of the facts constituting the violation.

�� (b) A provision requiring the person named in the order to cease and desist from the violation.

�� (c) The effective date of the order.

�� (d) A notice to the person named in the order of the right to a contested case hearing under ORS chapter 183.

�� (3) A cease and desist order issued under subsection (1) of this section becomes effective 30 days after the date of the order unless the person named in the order requests a hearing on the order.

�� (4) A final cease and desist order issued under subsection (1) of this section may be recorded in the County Clerk Lien Record in the manner provided by ORS 205.125 and enforced in the manner provided by ORS 205.126. After the order is recorded, and subject to any other requirements that may apply to the enforcement remedy sought by the agency, the agency may commence proceedings for the enforcement of the order in the same manner as provided for the enforcement of judgments issued by a court, including contempt proceedings.

�� (5) The Attorney General, the prosecuting attorney of any county or the agency, in its own name, may maintain an action for an injunction in a court of competent jurisdiction against a person violating ORS 696.020 (2), 696.511 (1) or 696.603 (1). An injunction may be issued without proof of actual damage sustained by any person. An injunction does not relieve a person from criminal prosecution for violation of this section or from any other civil, criminal or disciplinary remedy. [2011 c.557 �1]

�� Note: 696.397 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 696 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 696.398 Delegation by commissioner to employees; requirements. (1) The Real Estate Commissioner may delegate to any of the officers and employees of the Real Estate Agency to exercise or discharge in the commissioner�s name any power, duty or function vested in or imposed upon the commissioner under this chapter. The power to administer oaths and affirmations, subpoena witnesses, take evidence and require the production of books, papers, correspondence, memoranda, agreements or other documents or records, and to sign notices and orders may be exercised by an officer or employee of the agency only when specified in writing by the commissioner and filed in the records of the Real Estate Agency.

�� (2) An official act of an individual acting in the commissioner�s name and by authority of the commissioner shall be deemed to be an official act of the commissioner. [1975 c.746 �26; 2007 c.319 �14]

�� 696.400 [Repealed by 1963 c.580 �103]

�� 696.405 Real Estate Board; appointment; term; qualifications; compensation; expenses. (1) The Real Estate Board is established within the Real Estate Agency. The board shall consist of nine members appointed by the Governor to hold office for a period of four years, but to serve at the pleasure of the Governor. Seven members of the board appointed by the Governor must have been, before the date of their appointment, real estate licensees actively engaged for five years in professional real estate activity in this state. Two members to be appointed by the Governor shall not be real estate licensees or have been connected with, or employed by, the Real Estate Agency or a predecessor thereof. In case of a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

�� (2) A member of the board is entitled to compensation or expenses as provided in ORS 292.495. [1963 c.580 �43; 1969 c.314 �97; 1975 c.746 �27; 1977 c.649 �46; 1981 c.617 �17; 1987 c.414 �39; 1993 c.744 �250]

�� 696.410 [Repealed by 1963 c.580 �103]

�� 696.415 Officers; meetings; quorum. (1) The Real Estate Board shall annually select one of its members as chairperson, who shall preside at the meetings of the board. In the absence of the chairperson some other member of the board may serve as chairperson. The board shall meet at such times and places as determined by the board and may also meet upon call of the chairperson.

�� (2) A majority of the board shall constitute a quorum for the transaction of business. A vacancy on the board shall not impair the right of the remaining members to perform all the duties and exercise all the functions and authority of the board. [1963 c.580 �45]

�� 696.420 [Repealed by 1963 c.580 �103]

�� 696.425 Powers and duties of board; expenses. (1) The Real Estate Board is authorized to inquire into the needs of the real estate licensees of Oregon, the functions of the Real Estate Agency and the matter of the business policy thereof, to confer with and advise the Governor as to how the agency may best serve the state and the licensees, and to make recommendations and suggestions of policy to the agency as the board may deem beneficial and proper for the welfare and progress of the licensees and of the public and of the real estate business in Oregon.

�� (2) The board shall make recommendations to the agency about the manner and methods for conducting examinations.

�� (3) The board shall create or approve a real estate continuing education course for real estate licensees based on recent changes in real estate rule and law.

�� (4) The expenses of the board shall be paid from moneys available to the agency for payment of administrative expenses relating to the real estate activities of the agency. [1963 c.580 �46; 1969 c.674 �19; 1977 c.649 �47; 1981 c.617 �18; 1987 c.414 �39a; 1993 c.744 �179; 2009 c.502 �8; 2013 c.145 �15]

�� 696.430 Records of commissioner as evidence; records open to inspection; rules. Copies of all records and papers in the office of the Real Estate Commissioner duly certified and authenticated by the seal of the commissioner shall be received in evidence in all courts equally and with like effect as the original. Except for records of open investigations, all records kept in the office of the commissioner under authority of ORS 696.010 to 696.495, 696.600 to 696.785, 696.800 to 696.870 and

ORS 701.105

701.105]

�� 701.075 [1971 c.740 �9; 1973 c.832 �56; 1979 c.312 �2; 1981 c.618 �12; 1989 c.624 �2; 1989 c.870 �2; 1989 c.928 �7; 1995 c.216 �6; 1999 c.344 �1; 1999 c.402 �18a; 2001 c.160 �2; 2001 c.196 �5; 2003 c.675 �73; 2005 c.432 �9; 2007 c.478 �2; 2007 c.648 �24; 2007 c.836 �58a; renumbered 701.046 in 2007]

�� 701.077 [2005 c.432 �4; 2007 c.648 �25; renumbered 701.094 in 2007]

�� 701.078 [2005 c.432 �3; 2007 c.113 �1; 2007 c.648 �26; 2007 c.836 �21; renumbered 701.091 in 2007]

�� 701.080 [1979 c.312 �5; 1983 c.616 �9; 1989 c.928 �8; 1997 c.301 �1; 1999 c.402 �20; renumbered 701.117 in 2007]

�� 701.081 Residential contractors; bond; insurance; responsible managing individual. (1) A residential general contractor shall:

�� (a) Obtain a surety bond under ORS 701.068 in the amount of $25,000;

�� (b) Obtain general liability insurance under ORS 701.073 in an amount of not less than $500,000; and

�� (c) Have a responsible managing individual who meets the requirements of ORS 701.091.

�� (2) A residential specialty contractor shall:

�� (a) Obtain a surety bond under ORS 701.068 in the amount of $20,000;

�� (b) Obtain general liability insurance under ORS 701.073 in an amount not less than $300,000; and

�� (c) Have a responsible managing individual who meets the requirements of ORS 701.091.

�� (3) A residential limited contractor shall:

�� (a) Obtain a surety bond under ORS 701.068 in the amount of $15,000;

�� (b) Obtain general liability insurance under ORS 701.073 in an amount not less than $100,000; and

�� (c) Have a responsible managing individual who meets the requirements of ORS 701.091.

�� (4) A residential developer shall:

�� (a) Obtain a surety bond under ORS 701.068 in the amount of $25,000; and

�� (b) Obtain general liability insurance under ORS 701.073 in an amount not less than $500,000.

�� (5) A residential locksmith services contractor shall:

�� (a) Obtain a surety bond under ORS 701.068 in the amount of $15,000;

�� (b) Obtain general liability insurance under ORS 701.073 in an amount of not less than $100,000; and

�� (c) Have a responsible managing individual for the business who is certified as a locksmith under ORS 701.485.

�� (6) A home inspector services contractor shall:

�� (a) Obtain a surety bond under ORS 701.068 in the amount of $15,000;

�� (b) Obtain general liability insurance under ORS 701.073 in an amount of not less than $100,000; and

�� (c) Have a responsible managing individual for the business who is certified as a home inspector under ORS 701.445.

�� (7) A home services contractor shall:

�� (a) Obtain a surety bond under ORS 701.068 in the amount of $15,000; and

�� (b) Obtain general liability insurance under ORS 701.073 in an amount of not less than $100,000.

�� (8) A home energy performance score contractor shall:

�� (a) Obtain a surety bond under ORS 701.068 in the amount of $15,000;

�� (b) Obtain general liability insurance under ORS 701.073 in an amount of not less than $100,000; and

�� (c) Have an owner or employee that is certified by the board as a home energy assessor.

�� (9) A residential restoration contractor shall:

�� (a) Obtain a surety bond under ORS 701.068 in the amount of $15,000; and

�� (b) Obtain general liability insurance under ORS 701.073 in an amount of not less than $100,000. [2007 c.836 �3; 2013 c.300 �9; 2013 c.383 �11; 2015 c.498 �6; 2023 c.254 �1]

�� 701.082 Residential contractor continuing education requirements; exemptions. (1)(a) Except as provided in subsections (2) and (6) of this section and ORS 701.083, to qualify for the renewal of a residential contractor license the licensee must complete eight hours of continuing education during the two-year licensing period preceding the renewal.

�� (b) Three of the hours required under paragraph (a) of this subsection must be education regarding laws, regulations and business practices. The Construction Contractors Board shall develop materials for the education. The education must be offered by the board or by an approved continuing education provider acting under an agreement with the board.

�� (c) Five of the hours required under paragraph (a) of this subsection must be education from approved providers and be courses the board has approved as continuing education regarding one or more of the following:

�� (A) Construction business practices.

�� (B) Marketing.

�� (C) Customer service.

�� (D) Accounting.

�� (E) Business law.

�� (F) Bidding.

�� (G) Building codes.

�� (H) Safety.

�� (I) Energy efficiency.

�� (J) Trade specific subjects, such as roofing, excavation or exterior shell construction.

�� (K) Other subjects that the board determines by rule to be appropriate.

�� (2)(a) In addition to completing the continuing education required under subsection (1) of this section, to qualify for the renewal of a residential contractor license the licensee must complete an additional eight hours of continuing education during the two-year licensing period preceding the renewal if the residential contractor was not licensed by the board as a residential contractor during any part of the six-year period immediately preceding the renewal.

�� (b) Continuing education that is required of a residential contractor under paragraph (a) of this subsection must be offered by an approved continuing education provider or the board. The education may be in any subject described in subsection (1) of this section related to construction or the business of the residential contractor.

�� (3) A residential contractor applying for the renewal of a license shall certify the number of continuing education hours completed by the contractor during the two-year period immediately preceding the renewal. The board may require verification of certified continuing education hours described in subsection (1)(c) of this section.

�� (4) Notwithstanding subsections (1) to (3) of this section, the board may adopt rules to adjust the period allowed for the completion of continuing education when the renewing residential contractor holds a lapsed license described under ORS 701.063 (4).

�� (5) Subsections (1) to (4) of this section do not apply to a residential contractor endorsed only as a residential developer.

�� (6) The board may exempt residential contractors from continuing education requirements under this section. The board may create exemptions under this subsection by rule or may grant an exemption on a case-by-case basis. [2013 c.718 �4]

�� 701.083 Residential contractor specialized education programs. The Construction Contractors Board may allow a residential contractor to participate in a specialized education program under ORS 701.120 in lieu of completing continuing education described in ORS 701.082 (1)(c). The board may establish a minimum number of specialized education program hours or courses that the residential contractor must complete during a two-year period to substitute for all or part of the required continuing education hours. If the specialized education program provides training in one- and two-family dwelling construction, the board may approve the specialized education program as a substitute for continuing education only if the program meets the program criteria described in ORS 455.805 (3) and Department of Consumer and Business Services rules adopted under ORS 455.810. [2013 c.718 �5]

�� 701.084 Commercial contractors; bond; insurance; responsible managing individual; key employees. (1) A commercial general contractor level 1 shall:

�� (a) Obtain a surety bond under ORS 701.068 in the amount of $80,000;

�� (b) Obtain general liability insurance under ORS 701.073 in an amount of not less than $2 million;

�� (c) Have a responsible managing individual who meets the requirements of ORS 701.091; and

�� (d) Have one or more key employees with a combined total of at least eight years of experience described in ORS 701.050.

�� (2) A commercial specialty contractor level 1 shall:

�� (a) Obtain a surety bond under ORS 701.068 in the amount of $55,000;

�� (b) Obtain general liability insurance under ORS 701.073 in an amount not less than $1 million;

�� (c) Have a responsible managing individual who meets the requirements of ORS 701.091; and

�� (d) Have one or more key employees with a combined total of at least eight years of experience described in ORS 701.050.

�� (3) A commercial general contractor level 2 shall:

�� (a) Obtain a surety bond under ORS 701.068 in the amount of $25,000;

�� (b) Obtain general liability insurance under ORS 701.073 in an amount of not less than $1 million;

�� (c) Have a responsible managing individual who meets the requirements of ORS 701.091; and

�� (d) Have one or more key employees with a combined total of at least four years of experience described in ORS 701.050.

�� (4) A commercial specialty contractor level 2 shall:

�� (a) Obtain a surety bond under ORS 701.068 in the amount of $25,000;

�� (b) Obtain general liability insurance under ORS 701.073 in an amount not less than $500,000;

�� (c) Have a responsible managing individual who meets the requirements of ORS 701.091; and

�� (d) Have one or more key employees with a combined total of at least four years of experience described in ORS 701.050.

�� (5) A commercial developer shall:

�� (a) Obtain a surety bond under ORS 701.068 in the amount of $25,000; and

�� (b) Obtain general liability insurance under ORS 701.073 in an amount not less than $500,000. [2007 c.836 �4; 2008 c.5 �1; 2023 c.254 �2]

�� 701.085 [1971 c.740 �10; 1975 c.383 �4; 1975 c.721 �3; 1979 c.874 �2; 1981 c.618 �1; 1983 c.616 �10; 1989 c.430 �3; 1989 c.624 �3; 1989 c.928 �10; 1991 c.181 �4; 1995 c.771 �2; 1997 c.301 �2; 1999 c.325 �3; 1999 c.344 �2; 1999 c.402 �21a; 2001 c.157 �1; 2001 c.196 �6; 2001 c.197 �12; 2003 c.675 �74; 2007 c.648 �22; 2007 c.793 �7; 2007 c.836 �61; renumbered 701.068 in 2007]

�� 701.086 Key employee continuing education. (1) A commercial general contractor level 1 or commercial specialty contractor level 1 shall have a key employee, or combination of key employees, who completes at least 40 hours of continuing education per year.

�� (2) A commercial general contractor level 2 or commercial specialty contractor level 2 shall have a key employee, or combination of key employees, who completes the equivalent of at least 16 hours of continuing education per year.

�� (3) Notwithstanding subsection (1) of this section, if a commercial general contractor level 1 or commercial specialty contractor level 1 has no more than four key employees, the contractor shall have a key employee, or combination of key employees, that completes continuing education each year equivalent to the number of key employees multiplied by eight hours.

�� (4) Continuing education may be provided by post-secondary institutions, trade schools, trade associations, professional societies, private companies, public agencies, business associations and contractor-provided in-house training programs. Continuing education topics may include, but need not be limited to, construction means, methods and business practices.

�� (5) A contractor applying for renewal shall certify the number of continuing education hours completed during the preceding licensing period.

�� (6) A contractor subject to this section shall maintain records of the continuing education completed by key employees.

�� (7) This section does not apply to a commercial contractor:

�� (a) That is subject to regulation under ORS 479.510 to 479.945 or 480.510 to 480.670 or ORS chapter 693; or

�� (b) As provided by rule by the Construction Contractors Board. [Formerly 701.124]

�� 701.088 Contractor rehabilitating illegal drug manufacturing site; substitution for bond; fee; rules. (1) As used in this section:

�� (a) �Illegal drug manufacturing site� has the meaning given that term in ORS 453.858.

�� (b) �Nonprofit organization� means an organization or group of organizations described in section 501(c)(3) of the Internal Revenue Code that is exempt from income tax under section 501(a) of the Internal Revenue Code.

�� (2) The Construction Contractors Board shall adopt rules prescribing terms and conditions under which a general or specialty contractor that is a nonprofit organization engaged in rehabilitating an illegal drug manufacturing site may substitute a letter of credit from a bank authorized to do business in this state, or substitute a cash deposit, for a bond required under ORS 701.068. A letter of credit or cash deposit described in this section substitutes for a bond only for purposes of work the contractor performs on an illegal drug manufacturing site. The letter of credit or cash deposit must be equivalent in amount to the bond that would otherwise be required of the contractor under ORS

ORS 701.145

701.145. If the parties do not resolve or settle the dispute pursuant to board mediation under ORS 701.145, unless otherwise provided by law regarding a dispute described under ORS 652.140 or 653.010 to 653.261, the complainant must comply with any contractual provision for mediation or arbitration of the dispute as a condition for obtaining the judgment required under ORS 701.145 (5). [Subsection (1) enacted as 1989 c.430 �5; subsection (2) enacted as 1989 c.928 �21; 1991 c.67 �187; 1991 c.181 �12; 2001 c.197 �17; 2001 c.414 �11; 2003 c.598 �52; 2007 c.793 �21; 2011 c.630 ��51,71; 2016 c.99 �13]

CONSTRUCTION CONTRACTORS BOARD

�� 701.205 Construction Contractors Board; members; terms; confirmation; vacancies; qualifications. (1) The Construction Contractors Board is established, consisting of nine members appointed by the Governor subject to confirmation by the Senate in the manner provided by law. Three of the members shall be residential contractors who primarily work on residential or small commercial structures, including one contractor engaged in the business of remodeling, two shall be public members and one shall be an elected representative of a governing body of local government. Two of the members shall be commercial general contractors who primarily work on large commercial structures, and one shall be a commercial specialty contractor who primarily works on large commercial structures or a residential limited contractor. One member who is a contractor may be certified as a home inspector.

�� (2) The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment immediately effective for the unexpired term.

�� (3) In order to be eligible for board membership, the six contractor members of the board shall be licensed under this chapter and shall maintain their licenses in good order during their term of office. [Subsections (1) and (2) enacted as 1971 c.740 �3; subsection (3) enacted as 1971 c.740 �5; 1975 c.721 �8; 1977 c.537 �1; 1981 c.618 �13; 1987 c.414 �40; 1989 c.928 �22; 1991 c.181 �14; 1993 c.470 �4; 1997 c.814 �4; 1999 c.402 �33; 2001 c.197 �18; 2007 c.836 �34]

�� 701.215 Officers; quorum; compensation and expenses; advisory committees. (1) The Construction Contractors Board shall select from among its members a chairperson, a vice chairperson and such other officers for such terms and with such duties and powers necessary for the performance of their duties as the board determines.

�� (2) A majority of the members of the board constitutes a quorum for the transaction of business.

�� (3) A member of the board is entitled to compensation and expenses as provided in ORS 292.495.

�� (4) The board may create advisory committees as the board considers necessary. The chairperson of the board, or a board member designated by the chairperson, shall be a member of any advisory committee created by the board. [1971 c.740 �6; 1989 c.928 �23; 2001 c.160 �6]

�� 701.225 Investigatory powers of board; use of city or county inspectors; notice of noncompliance; conduct of hearings; authority of board to order work stopped. (1) The Construction Contractors Board may investigate the activities of any person engaged in the building and construction industry to determine compliance with this chapter.

�� (2) With the approval of the city or county, the board may conduct investigations with city or county inspectors, provided that the city or county is reimbursed by the board for the costs of such investigations.

�� (3) Any inspector authorized by the board to determine compliance with the provisions of this chapter is authorized to require any person who is engaged in any activity regulated by this chapter to demonstrate proof of compliance with the licensing requirements of this chapter. If a person who is contracting directly with the owner of a structure does not demonstrate proof of compliance with the licensing requirements of this chapter, the inspector shall give notice of noncompliance to the person. The notice of noncompliance shall be in writing, shall specifically state that the person is not in compliance with the licensing requirements of this chapter and shall provide that unless the person demonstrates proof of compliance within 10 days of the date of the notice, the inspector may by order stop all work then being done by the person. The notice of noncompliance shall be served upon the person and shall be served upon or delivered to the owner of each structure upon which the person is then performing work under contract, or mailed to all persons who are mortgagees or trust deed beneficiaries of record with respect to the real property upon which each such structure is situated. If more than one person is the owner of any such structure, a copy of the notice need be given to only one of such persons. If after receipt of the notice of noncompliance the person fails within the 10-day period specified in the notice to demonstrate proof of compliance with the licensing requirements of this chapter, the inspector is authorized to order the work stopped by notice in writing served on any persons engaged in the activity. Any person so notified shall stop such work until proof of compliance is demonstrated. However, the inspector may not order the work stopped until at least 10 days after the copies of the notice of noncompliance have been served upon or delivered to the owners or mailed to the mortgagees and trust deed beneficiaries specified in this subsection.

�� (4) The board has the power to administer oaths, issue notices and subpoenas in the name of the board, compel the attendance of witnesses and the production of evidence, hold hearings and perform such other acts as are reasonably necessary to carry out its duties under this chapter.

�� (5) If any person fails to comply with a subpoena issued under subsection (4) of this section or refuses to testify on matters on which the person may be lawfully interrogated, the board shall compel obedience in the manner provided in ORS 183.440.

�� (6) Notwithstanding the provisions of subsection (3) of this section:

�� (a) The board may order the work stopped immediately if the contractor is working on a structure and the contractor was not licensed by the board when the work began; or

�� (b) The board may order the work stopped after 10 days� notice to the persons listed in subsection (3) of this section if the contractor is working on a structure and was licensed by the board when the job began but has let the license lapse. [1971 c.740 �18; 1975 c.721 �9; 1987 c.414 �40d; 1989 c.744 �3; 1989 c.928 �26; 1991 c.561 �1; 1999 c.402 �34]

�� 701.227 Disqualification from eligibility for certain public contracts; list of disqualified contractors. (1) The Construction Contractors Board shall begin an action to determine whether a contractor or a subcontractor shall be considered not qualified to hold or participate in a public contract for a public improvement upon receipt of information from a public contracting agency or from any person who supplied labor or materials in connection with a public contract for a public improvement indicating that the contractor or subcontractor has not made payment to persons who supplied labor or materials within 60 days after the date when the payment was received by the contractor or subcontractor and that the payment was not a subject of a good faith dispute as defined in ORS

ORS 701.455

701.455 for the repeal of 701.126 has not been made.

(Fenestration Contractors)

�� 701.460 Certification requirement for installing fenestration product or system in public building. (1) As used in this section:

�� (a)(A) �Fenestration product or system� means a window, glass, glazing or glazing system or skylight, whether installed in a horizontal or vertical plane, that is designed to provide a weatherproof barrier.

�� (B) �Fenestration product or system� does not include a premanufactured window or skylight.

�� (b) �National certification� means a certification that meets one of the following standards:

�� (A) For glazing contractors, a certification that is in effect on September 26, 2025, and that Administrative Management Systems, Incorporated, or a successor organization, administers under the North American Contractor Certification program; or

�� (B) For architectural glass and metal technicians, the Architectural Glass and Metal Technician national certification, as in effect on September 26, 2025, that Administrative Management Systems, Incorporated, or a successor organization, administers.

�� (c) �Public agency� means the State of Oregon or a political subdivision of the State of Oregon or a county, city, district, authority, public corporation or public entity that is organized and exists under a law or charter or an instrumentality of the county, city, district, authority, public corporation or public entity.

�� (d) �Public building� has the meaning given that term in ORS 455.560.

�� (e) �Public funds� means funds of which an officer or employee of a public body, as defined in ORS

ORS 701.532

701.532 or is a business licensed by the board under this chapter or endorsed by the board under ORS 701.534 that has an owner or an employee who is certified as a home energy assessor under ORS 701.532. [2013 c.383 �4]

�� 701.530 [2005 c.734 �5; renumbered 701.547 in 2013]

�� 701.532 Home energy assessor certification; training; rules; fees. (1) The Construction Contractors Board shall certify an individual as a home energy assessor if the individual meets the requirements of this section and of any rule adopted by the board under this section. A home energy assessor certificate must be renewed annually.

�� (2) The board shall require that an applicant for a home energy assessor certificate present proof of passing a training program designated by the State Department of Energy under ORS 469.703.

�� (3) The board may adopt rules to regulate the practice of assigning home energy performance scores, including:

�� (a) Prescribing the form and manner of applying for a home energy assessor certificate;

�� (b) Establishing procedures for the issuance, renewal or revocation of a home energy assessor certificate; and

�� (c) Establishing fees necessary for the administration of ORS 701.527 to 701.536 that do not exceed the following amounts:

�� (A) $100 for application for a home energy assessor certificate;

�� (B) $100 for issuance of an initial one-year home energy assessor certificate; and

�� (C) $100 for renewal of a one-year home energy assessor certificate. [2013 c.383 �5]

�� 701.534 Home energy performance score contractors. A home energy performance score contractor endorsement authorizes the holder to operate a business assigning home energy performance scores. [2013 c.383 �6]

�� 701.536 Assessor and contractor exemption from testing and continuing education. (1) Notwithstanding ORS 701.126, the Construction Contractors Board may not impose a continuing education requirement for a home energy assessor or a home energy performance score contractor.

�� (2) Notwithstanding ORS 701.122, the board may not require a home energy assessor or a home energy performance score contractor to take a test measuring the knowledge of the home energy assessor, contractor or responsible managing individual regarding business practices and laws affecting construction contractors. [2013 c.383 �7]

�� Note: 701.126 was repealed by section 6, chapter 718, Oregon Laws 2013. The text of 701.536 was not amended by enactment of the Legislative Assembly to reflect the repeal. Editorial adjustment of

ORS 703.010

703.010 to 703.310 shall be submitted in writing and under oath to the Department of Public Safety Standards and Training, accompanied by the proper fee therefor specified in ORS 703.110.

�� (2) A fee submitted to the department may not be refunded. Each application shall be in such form and require such information as the department prescribes. [1975 c.608 �13; 1997 c.853 �46; 1999 c.59 �210]

�� 703.080 License qualifications. (1) To become a trainee an applicant must satisfy ORS 703.090 (1)(a) to (d) and:

�� (a) Have graduated from a polygraph examiners course approved by the Department of Public Safety Standards and Training; or

�� (b) Provide documentation of military experience or training that the department determines is substantially equivalent to the education required by paragraph (a) of this subsection.

�� (2) To receive a general license an applicant shall satisfy ORS 703.090 (1)(a) to (g). The trainee shall receive a general license upon satisfaction of ORS 703.090 (1)(e) to (g). The department shall require such proof as is necessary to establish satisfaction of the additional requirements. [1975 c.608 �14; 1985 c.565 �118; 1997 c.853 �47; 2012 c.43 �27]

�� 703.090 General polygraph examiner license qualifications; authority of department to require fingerprints; statement on refusal to issue license; limitations on liability of department. (1) All of the following requirements apply to an applicant for a license as a general polygraph examiner. The applicant must:

�� (a) Be at least 18 years of age.

�� (b) Be a citizen of the United States.

�� (c) Not have demonstrated, in the preceding 10 years, a course of behavior that indicates a high degree of probability that the applicant will be unlikely to perform the duties of a polygraph examiner in a manner that would serve the interests of the public.

�� (d) If previously convicted for a criminal offense, provide information, as required by the Department of Public Safety Standards and Training, relating to the circumstances of the conviction. ORS 670.280 is applicable when the department considers information provided under this paragraph.

�� (e)(A) Have received a baccalaureate degree from a college or university that is accredited by the American Association of Collegiate Registrars and Admissions Officers; or

�� (B) Have graduated from high school or have been awarded a certificate for passing an approved high school equivalency test such as the General Educational Development (GED) test, and have at least five years of active investigative experience before the date of application.

�� (f) Have graduated from a polygraph examiners course approved by the department and conforming to any minimum training standards approved by the Board on Public Safety Standards and Training and have satisfactorily completed at least 200 examinations, or have worked as a polygraph examiner for a period of at least five years for a governmental agency within the State of Oregon and have satisfactorily completed at least 200 examinations.

�� (g) Have successfully completed an examination conducted by the department to determine, consistent with any standards approved by the board, competency to act as a polygraph examiner.

�� (2) An applicant meets the requirements of subsection (1)(e) or (f) of this section if the applicant provides the department with documentation of military training or experience that the department determines is substantially equivalent to the education or experience required by subsection (1)(e) or (f) of this section.

�� (3) For the purpose of requesting a state or nationwide criminal records check under ORS

ORS 703.415

703.415 (1) to (6) and 703.425 and is in compliance with the rules of the board and department. A person who has a provisional investigator�s license may not employ or supervise other investigators.

�� (2) The department may issue:

�� (a) A temporary investigator�s license to a person licensed as an investigator by another jurisdiction. The board shall adopt rules to carry out this paragraph including, but not limited to, rules establishing requirements, procedures and fees for issuing a temporary investigator�s license and the scope and duration of the license.

�� (b) An interim investigator�s license to a person who:

�� (A) Has applied for a private investigator�s license or a provisional investigator�s license and whose application has not been granted or denied;

�� (B) Works only for a private investigator licensed under this section, an attorney or another employer who has requested that the person be issued an interim investigator�s license;

�� (C) Has never been convicted of, pleaded guilty or no contest to or forfeited security for a crime; and

�� (D) Meets all requirements established by the board by rule including, but not limited to, rules establishing requirements, procedures and fees for issuing an interim investigator�s license and the scope and duration of the license.

�� (3) A license issued under subsection (1) of this section expires two years following the date of issuance or on the assigned renewal date. [1997 c.870 �7; 2001 c.838 �6; 2005 c.613 �14; 2007 c.320 �4]

�� 703.435 Identification card; rules; obligation to carry; replacement; fees. (1) When issuing a license under ORS 703.430, the Department of Public Safety Standards and Training shall also issue an identification card of a size, design and content as may be determined by the department by rule.

�� (2) An investigator shall carry at all times, while engaged in the practice of investigating, the identification card issued under this section.

�� (3) In the event of loss or destruction of a license issued under ORS 703.430 or an identification card issued under this section, the investigator may apply to the department for a replacement. The application must state the circumstances of the loss or destruction. The investigator shall provide recent photographs of the investigator and a replacement application fee as prescribed by the Board on Public Safety Standards and Training by rule. [1997 c.870 �8; 1999 c.125 �3; 1999 c.363 �2; 2001 c.838 �7; 2005 c.613 �15; 2007 c.320 �5]

�� 703.440 Licensing reciprocity. The Department of Public Safety Standards and Training may enter into a reciprocal agreement with the appropriate official of any other state to allow an investigator licensed in the other state to operate in Oregon if the department determines that the requirements for licensure in that state are substantially similar to the requirements under Oregon law. [1997 c.870 �17; 2005 c.613 �16]

�� 703.445 Renewal procedure; fee; penalty; rules; inactive status. (1) An investigator who desires to continue to practice in this state must apply for renewal and pay the renewal fee as prescribed by rule of the Board on Public Safety Standards and Training to the Department of Public Safety Standards and Training on or before the renewal date of the license. Any person who fails to pay the renewal fee by the renewal date may, within the following 30 days, pay the renewal fee plus a penalty in an amount to be prescribed by board rule, not to exceed twice the amount of the renewal fee. Any person who fails to pay the renewal fee, with accrued penalties, for a period of 30 days after the renewal date forfeits the right to work as an investigator in this state and may be reinstated only upon compliance with the initial application procedures.

�� (2) Prior to renewing a license, the Department of Public Safety Standards and Training may request that the Department of State Police conduct criminal records checks as provided in ORS 181A.195. Any act that is grounds for denying an initial application for a license is grounds for refusing to renew a license.

�� (3) An investigator may request the Department of Public Safety Standards and Training to place the investigator on inactive status at any time during the licensing period. Upon payment of the inactive license fee as prescribed by rule of the board, the department shall place the investigator on inactive status. An investigator on inactive status may not work as an investigator. [1997 c.870 �9; 1999 c.125 �4; 2001 c.838 �8; 2005 c.613 �17; 2005 c.730 �44; 2007 c.320 �6]

�� 703.447 Continuing education. (1)(a) An investigator issued a private investigator�s license must complete at least 32 hours of continuing education every two years.

�� (b) An investigator issued a provisional investigator�s license must complete at least 40 hours of continuing education every two years.

�� (2) An investigator may carry no more than 15 hours of continuing education from one licensing period to the next.

�� (3) When an investigator applies for renewal of a license under ORS 703.445, the investigator must provide proof of having completed the required continuing education.

�� (4) As used in this section, �continuing education� means any educational endeavor that reasonably could be considered beneficial to the work of the investigator. Continuing education may be obtained:

�� (a) Through participation in conferences or educational courses offered by trade schools or colleges, whether as an attendee or a presenter;

�� (b) Through independent studies;

�� (c) By publishing articles related to the field of investigation; and

�� (d) As otherwise provided by the Board on Public Safety Standards and Training by rule. [2001 c.838 �20; 2005 c.613 �18; 2007 c.320 �7]

�� 703.450 Requirements of conduct. A licensed investigator:

�� (1) May not knowingly make any false report to an employer or client.

�� (2) May not commit fraud or deceit toward a client or employer.

�� (3) May not knowingly violate a court order or injunction in the course of business as an investigator.

�� (4) May not commit an act that reflects adversely on the investigator�s honesty, integrity, trustworthiness or fitness to engage in business as an investigator.

�� (5) May not act unprofessionally while acting as an investigator.

�� (6) May not use unlicensed persons to conduct investigative activities.

�� (7) Is responsible for the professional, ethical and legal conduct of the investigator�s employees or other persons working under the investigator�s supervision.

�� (8) Shall inform each client that the client has a right to receive a written contract. The contract shall clearly state the task to be performed and the rate of payment.

�� (9) Shall inform each client that the client is entitled to receive both of the following reports concerning services rendered:

�� (a) An oral report that is timely and adequate; and

�� (b) A written report furnished by the investigator within seven days after written request is received from the client.

�� (10) Shall keep separate and distinct case files for each client and case. Case files must include all written agreements with the client, the date investigative activities began, copies of all correspondence and written reports generated and an accurate accounting of all time spent, activities conducted and expenses incurred by the investigator during the course of the case.

�� (11) Shall maintain a record of the term of employment of each employee or contractor.

�� (12) Shall maintain all records and files referred to in this section for not less than seven years.

�� (13) Shall maintain required security or insurance.

�� (14) Shall post the license of the investigator in a conspicuous place in the investigator�s principal place of business.

�� (15) Shall include in all advertisements for the investigator�s services the name and license number of the investigator.

�� (16) Unless performing services for a law enforcement or other governmental agency, may not attempt to give an impression that the investigator is connected in any way with a law enforcement or other governmental agency by any statement or activity, including using a title, wearing a uniform, using a badge or insignia or using an identification card or by any failure to make a statement or act.

�� (17) Shall maintain the confidentiality of each client as required by rules of professional conduct established by the Board on Public Safety Standards and Training.

�� (18) May not submit false information to the Department of Public Safety Standards and Training.

�� (19) May not impede a compliance investigation.

�� (20) Shall return to the department the license and identification card issued by the department to the investigator no later than 15 days after the expiration or revocation of the license. [1997 c.870 �10; 1999 c.125 �5; 2001 c.838 �9; 2005 c.613 �19; 2007 c.320 �8; 2015 c.226 �1]

�� 703.455 [1997 c.870 �11; 2001 c.838 �24; repealed by 2005 c.613 �29]

�� 703.460 Information required; designation of agent for service of process. (1) A licensed investigator shall provide the Department of Public Safety Standards and Training with:

�� (a) The investigator�s legal name, home address and home telephone number; and

�� (b) The name, physical and mailing addresses and telephone number of the investigator�s business.

�� (2) In addition to the information required by subsection (1) of this section, a licensed investigator who is not a resident of this state shall designate a person to act as the investigator�s agent for service of process. The investigator shall make the designation on a form approved by the department and shall include the physical address of the agent�s business. When an investigator changes the designated agent, the investigator shall submit a new designation form. To act as an agent under this subsection, the person must be:

�� (a) An individual who resides in this state and who maintains a business office in this state; or

�� (b) A corporation that maintains a business office in this state.

�� (3) An investigator shall notify the department within 10 business days of any change in the information required by this section. [1997 c.870 �12; 2001 c.838 �25; 2005 c.613 �20]

�� 703.465 Discipline or issuance refusal. (1) The Department of Public Safety Standards and Training may refuse to grant or renew a license, may suspend or revoke a license or may reprimand an investigator for any violation of ORS 703.405, 703.450 or 703.460 or of any rule adopted by the Board on Public Safety Standards and Training or the department.

�� (2) In determining whether to issue a denial, suspension, revocation or reprimand, the department shall consider the facts of the case as they relate to the person�s fitness to practice as an investigator.

�� (3) As part of the disciplinary process, the department may provide an investigator with an opportunity to correct the deficiencies by allowing the investigator to complete a course of rehabilitation approved by the department.

�� (4) When the department denies or revokes a license, the applicant or licensee may not reapply for a license until three years have elapsed from the issuance of the final order of denial or revocation. A person who reapplies after a denial or revocation must prove by a preponderance of the evidence that the grounds for the denial or revocation no longer exist. [1997 c.870 �18; 2001 c.838 �10; 2005 c.613 �21; 2007 c.320 �9]

�� 703.470 Opportunity for hearing; judicial review. (1) If the Department of Public Safety Standards and Training proposes to refuse to issue or renew a license or proposes to suspend or revoke a license or proposes to reprimand an investigator, opportunity for hearing shall be accorded as provided in ORS chapter 183.

�� (2) Judicial review of orders under subsection (1) of this section shall be as provided in ORS chapter 183. [1997 c.870 �19; 2001 c.838 �11; 2005 c.613 �22]

�� 703.473 Confidentiality of investigator personal identifying information and client files. (1) An investigator�s home address, home telephone number, personal electronic mail address, Social Security number, photograph and other personal identifying information are confidential and not subject to disclosure under ORS 192.311 to

ORS 704.990

704.990�� Criminal penalties

GENERAL PROVISIONS

�� 704.010 Definitions. As used in this chapter:

�� (1) �Charter guide� means an outfitter and guide who:

�� (a) Possesses a valid United States Coast Guard operator license; and

�� (b) Carries no more than six passengers for hire for outdoor recreational activities on federally navigable waterways.

�� (2) �Crew member� means an employee who:

�� (a) Assists with angling activities, or in the operation of watercraft used for angling, while aboard a boat;

�� (b) Works under the direct supervision of a charter guide, or of an outfitter and guide, who is physically present and in direct communication with the crew member; and

�� (c) Is registered with the State Marine Board as a crew member under ORS 704.027.

�� (3) �Employee� means an individual who, in exchange for compensation or monetary gain, provides outfitting and guiding services under the direction, supervision and control of an outfitter and guide or a charter guide.

�� (4) �Outdoor recreational activities� includes, but is not limited to, boating, angling, hunting, jeep touring, backpacking, alpine mountain climbing, camping, trips utilizing pack animals, dog sled trips, whitewater float trips, rafting trips, drift boat trips, kayak trips, inflatable canoe trips and canoe trips, the duration of which may be for a few hours or for several days or weeks.

�� (5)(a) �Outfitter and guide� means any person:

�� (A) Who, for compensation or monetary gain, provides, offers to provide or advertises the provision of:

�� (i) Outfitting and guiding services in this state; or

�� (ii) Outfitting and guiding services and either equipment, supplies, livestock or materials for use in this state; or

�� (B) Who holds one or more federal special use permits for commercial outfitting and guiding services for use in any forest or wilderness or on any waterway in this state.

�� (b) �Outfitter and guide� does not include:

�� (A) An individual who, for compensation or monetary gain, provides outfitting and guiding services for the conduct of outdoor recreational activities exclusively upon property owned or controlled by the individual; or

�� (B) An employee of an outfitter and guide, unless the employee conducts, leads or assists in angling activities or operates or assists in the operation of watercraft used for angling.

�� (6)(a) �Outfitting and guiding services� includes, but is not limited to, leading, protecting, instructing, training, cooking, packing, guiding, transporting, supervising, interpreting or otherwise assisting any person in the conduct of outdoor recreational activities.

�� (b) �Outfitting and guiding services� does not include the rental of equipment alone. [1983 c.655 �1; 1995 c.736 �7; 2013 c.422 �1; 2025 c.350 �1]

�� 704.015 Applicability of chapter. (1) This chapter does not apply to outfitting and guiding services that are not offered or provided for compensation or monetary gain.

�� (2) Outfitting and guiding services are not offered or provided for compensation or monetary gain if:

�� (a) A person does not receive, or has not entered into an agreement to receive, any dues, fee, salary, commission, bonus, tip, compensation, equipment, material, livestock, supplies, rental payment, amortization payment, depreciation payment or other financial gain for the outfitting and guiding services; or

�� (b) A person does not receive, or has not entered into an agreement to receive, money or other remuneration for the outfitting and guiding services except for the sharing of the costs or expenses for a trip by trip participants.

�� (3) As used in this section:

�� (a)(A) �Costs or expenses for a trip� means the costs or expenses for food, fuel, bait or other consumable items used during a trip.

�� (B) �Costs or expenses for a trip� does not include any costs or expenses related to equipment maintenance, insurance, moorage, leases or fees for the use of an area.

�� (b) �Trip� means the duration of an outdoor recreational activity beginning:

�� (A) For water-based activities, at the point of departure from a dock, pier, float, moorage or shore-based landing where a person enters a watercraft; or

�� (B) For land-based activities, at the trailhead or other entry point to the area where the outdoor recreational activity begins. [2013 c.422 �3]

�� 704.020 Registration requirement; liability insurance; bond or financial security; fees; decal; rules. (1) Any person who acts or offers to act as an outfitter and guide shall first register with the State Marine Board. Each registration shall be submitted annually on a form provided by the board and shall include the following information:

�� (a) The name, residence address and telephone number of the person providing outfitting and guiding services, and all business names, addresses and telephone numbers under which outfitting and guiding services are provided.

�� (b) Proof that the business under which outfitting and guiding services are provided has registered with the Secretary of State.

�� (c) If the outfitting and guiding services are to be performed in the business name of an individual, proof that the outfitter and guide is certified to give first aid, as determined by the board by rule.

�� (d) If the outfitting and guiding services are to be performed in the business name of a person other than an individual, a list of the names of all employees, agents and parties in interest who physically provide, or who directly assist in physically providing, outfitting and guiding services in this state, together with the affidavit of the outfitter and guide that each such employee, agent or party in interest is certified to give first aid, as determined by the board by rule.

�� (e) If the outfitter and guide is carrying passengers for hire on waterways determined to be navigable by the United States Coast Guard, proof that the person or an individual employed by the person has a valid United States Coast Guard operator license.

�� (f) A description of:

�� (A) The outfitting and guiding services and any equipment, supplies, livestock and materials provided by the outfitter and guide;

�� (B) The geographic area in which the outfitter and guide provides the outfitting and guiding services and the equipment, supplies, livestock and materials; and

�� (C) The experience of the outfitter and guide in providing the outfitting and guiding services and the equipment, supplies, livestock and materials.

�� (g) Proof that the outfitter and guide has liability insurance covering occurrences by the outfitter and guide, and the employees of the outfitter and guide, which result in bodily injury or property damage. To meet the requirement under this paragraph, insurance must provide combined single limit per occurrence general liability coverage of at least $500,000.

�� (h) Certification by the outfitter and guide that the outfitter and guide will maintain the insurance required by paragraph (g) of this subsection continuously and in full force and effect for a period of time to be determined by the board by rule.

�� (i) The affidavit of the outfitter and guide stating that for a period of not less than 24 months immediately prior to making the registration application the outfitter and guide and each person who provides or assists in directly providing outfitting and guiding services:

�� (A) Have not been convicted of:

�� (i) A felony or misdemeanor related to the provision of services regulated by this chapter;

�� (ii) A violation under this chapter or ORS chapter 477, 496, 497, 498, 501, 506, 508, 509, 511 or 830 or any rule adopted pursuant to ORS chapter 477, 496, 497, 498, 501, 506, 508, 509, 511 or 830;

�� (iii) A violation of the wildlife laws that occurred while acting as an outfitter and guide and that resulted in court-ordered revocation of the hunting or fishing license of the outfitter and guide;

�� (iv) A crime involving delivery, manufacture or possession of a controlled substance, as defined in ORS 475.005; or

�� (v) Assault in any degree, criminal homicide as defined in ORS 163.005 or kidnapping in any degree;

�� (B) Have not had an outfitting and guiding license, permit or certificate revoked, suspended or canceled by another state or by an agency of the government of the United States;

�� (C) Have not been denied the right to apply for an outfitting and guiding license, permit or certificate by another state or by an agency of the government of the United States; and

�� (D) Have not been convicted of guiding without registration as required by this subsection.

�� (j) The affidavit of the outfitter and guide stating that the outfitter and guide and each person who provides or assists in directly providing outfitting and guiding services have not been convicted of:

�� (A) A crime, the result of which prohibits the person from possessing a firearm; or

�� (B) A crime, the result of which requires the person to be registered as a sex offender under ORS 163A.010, 163A.015, 163A.020 or 163A.025.

�� (2)(a) In addition to the requirements of subsection (1) of this section, a person who acts or offers to act as an outfitter and guide using boats that are under the direct operation of an outfitter and guide or an employee of an outfitter and guide for the purpose of carrying passengers on the waters of this state must submit proof:

�� (A) If operating a motorboat on the waters of this state, that the outfitter and guide:

�� (i) Has passed a written test adopted by the board by rule;

�� (ii) Has participated in a drug and alcohol program as defined by the board by rule; and

�� (iii) Has completed a physical examination every five years as required by the board by rule.

�� (B) Of liability insurance in a form prescribed by the board by rule.

�� (b) A person is exempt from paragraph (a)(A) of this subsection if the person is operating a motorboat on waters of this state determined to be navigable by the United States Coast Guard and the person possesses a valid United States Coast Guard operator license.

�� (3)(a) A person who registers as an outfitter and guide and who accepts deposits from clients in excess of $100 per person shall submit a bond or other financial security in the amount of $5,000 to the board at the time of registration. The bond or other financial security shall be held by the board for the benefit of clients of the outfitter and guide who pay a money deposit to the outfitter and guide in anticipation of services to be received. The bond or other financial security amount shall be released to such client or clients conditioned upon a failure of the outfitter and guide to return the deposit following cancellation of services or other failure to provide agreed upon services.

�� (b) The board shall release or retain all or any portion of a bond or other financial security as described in paragraph (a) of this subsection according to the provisions of ORS chapter 183.

�� (4) Each outfitter and guide shall pay to the board an annual registration fee, as follows:

�� (a) For a charter guide, $500.

�� (b) For an outfitter and guide, who is not otherwise a charter guide, $350.

�� (5) Upon the submission to the board of the appropriate fees prescribed in this section and the registration information required by this section, the board shall issue to the applicant a certificate of registration. The board shall also issue to each registrant proof of compliance with the requirements of this section.

�� (6) A person who conducts sightseeing flights or other aircraft operations is exempt from the provisions of this section unless the activities conducted by the person are outdoor recreational activities as defined in ORS 704.010.

�� (7) The board shall issue an identifying decal to outfitters and guides registering under this section that may be displayed on vehicles, pack equipment or other suitable locations where customers can see the registration decal.

�� (8) A certificate of registration issued to an outfitter and guide under this section expires on December 31 of each calendar year or on such date as may be specified by board rule. [1983 c.655 �2; 1985 c.452 �1; 1987 c.400 �1; 1993 c.123 �1; 1993 c.256 �1; 1995 c.736 �1; 1995 c.759 �2; 1997 c.274 �44; 2005 c.438 �1; 2007 c.768 �55; 2013 c.422 ��4,7; 2015 c.438 ��1,2; 2017 c.21 ��122,123; 2025 c.350 �2]

�� 704.021 Proof of compliance with registration requirements. (1) An outfitter and guide who registers pursuant to ORS 704.020 shall, while the outfitter and guide is engaged in providing outfitting and guide services, hold proof of compliance with the requirements of ORS 704.020 and allow the examination of that proof of compliance by any person authorized to enforce this chapter.

�� (2) If outfitting and guiding services are performed by an employee of an outfitter and guide, the employee shall, while the employee is engaged in providing outfitting and guiding services, hold proof that the outfitter and guide is in compliance with the requirements of ORS 704.020 and allow the examination of that proof of compliance by any person authorized to enforce this chapter. [2005 c.438 �5; 2013 c.422 �5]

�� 704.023 Requirements for outfitter and guide serving outdoor youth program. In addition to meeting the requirements in ORS 704.020, any person who provides outfitting and guiding services for outdoor youth programs, as defined in ORS 418.205, shall furnish proof of a current child-caring agency license for outdoor youth programs from the Department of Human Services prior to being registered as an outfitter and guide. [2001 c.809 �10]

�� 704.025 Reciprocity for certain licensees of other states; rules. (1) The State Marine Board may adopt rules that exempt persons who provide outfitting and guiding services on the Columbia River from the registration and fee requirements in ORS 704.020 if:

�� (a) The person conducts outfitting and guiding services on the waters of the Columbia River where that river forms the boundary line between the State of Oregon and the State of Washington;

�� (b) The person possesses a valid Washington license, permit or registration that allows the person to provide outfitting and guiding services;

�� (c) The board determines that the licensing, permitting or registration requirements of the State of Washington are comparable to those of Oregon; and

�� (d) The State of Washington provides similar reciprocity for holders of valid Oregon outfitter and guide registrations.

�� (2) The purpose of subsection (1) of this section is to avoid the conflict, confusion and difficulty of an attempt to find the exact locations of the state boundary in or on the waters of the Columbia River while providing outfitting and guiding services.

�� (3) The board may adopt rules that exempt persons who provide outfitting and guiding services on the Snake River from the registration and fee requirements in ORS 704.020 if:

�� (a) The person conducts outfitting and guiding services on the waters of the Snake River where that river forms the boundary line between the State of Oregon and the State of Idaho;

�� (b) The person possesses a valid Idaho license, permit or registration that allows the person to provide outfitting and guiding services;

�� (c) The board determines that the licensing, permitting or registration requirements of the State of Idaho are comparable to those of Oregon; and

�� (d) The State of Idaho provides similar reciprocity for holders of valid Oregon outfitter and guide registrations.

�� (4) The purpose of subsection (3) of this section is to avoid the conflict, confusion and difficulty of an attempt to find the exact locations of the state boundary in or on the waters of the Snake River while providing outfitting and guiding services. [1993 c.123 ��3,4; 1995 c.736 �2; 2005 c.115 ��1,3; 2007 c.148 �1]

�� 704.027 Crew members; registration; application; fees; rules. (1) A person may not act as a crew member without first registering with the State Marine Board. Each applicant shall submit the application on a form provided by the board and shall include the following:

�� (a) The name, residence address, date of birth and telephone number of the applicant;

�� (b) All names, business names, addresses and telephone numbers of the applicant�s employer;

�� (c) Proof that the crew member is certified to give first aid and cardiopulmonary resuscitation, as determined by the board by rule; and

�� (d) An affidavit stating that, for a period of not less than 24 months immediately prior to making the registration application, the applicant has not been convicted of an offense listed in ORS 704.020 (1)(i) and (j).

�� (2) The board may issue either an annual crew member registration or a biennial crew member registration under this section.

�� (3) The board by rule shall establish procedures to renew a crew member registration issued under this section. The rules must specify the duration of a renewed crew member registration.

�� (4) Each application for issuance and each renewal of registration must be accompanied by a fee of $50 per year of registration. [2025 c.350 �5]

�� 704.030 False statements in registration application; special requirements for use of boat. (1) No person shall make any false statement of material fact submitted pursuant to ORS 704.020.

�� (2) No outfitter and guide who uses a boat to carry passengers on the waters of this state shall carry passengers in excess of the passenger capacity for which insurance is obtained pursuant to ORS 704.020.

�� (3) No outfitter and guide shall use a boat to carry passengers on waterways determined to be navigable by the United States Coast Guard without a license, registration or decal required by ORS 704.020 and 704.065. [1983 c.655 �5; 1993 c.256 �2; 1995 c.736 �3; 2005 c.438 �8; 2013 c.422 �6]

�� 704.035 Opportunity for hearing; judicial review of decision. (1) The State Marine Board shall provide an opportunity for hearing as required by ORS chapter 183 when the board proposes to:

�� (a) Deny issuance or renewal of an outfitter and guide registration or a crew member registration;

�� (b) Revoke or suspend an outfitter and guide registration or a crew member registration; or

�� (c) Reprimand an outfitter and guide or a crew member.

�� (2) Any person aggrieved by a decision of the board under this chapter is entitled to judicial review of the decision in accordance with the procedure for contested cases provided by ORS chapter 183. [1995 c.736 �6; 2013 c.422 �8; 2025 c.350 �6]

�� 704.040 Revocation of registration; restriction on registration application after revocation; reprimands; rules. (1) The Legislative Assembly finds that violation of fire prevention, wildlife, hunting, angling, trapping, commercial fishing, recreational boating or public safety laws is directly related to the fitness required for registration as an outfitter and guide or as a crew member.

�� (2) When a person is convicted of a felony or misdemeanor related to the provision of services regulated by this chapter, a violation of ORS 704.020 or 704.030 or ORS chapter 477, 496, 497, 498, 501, 506, 508, 509, 511 or 830, or any rule promulgated pursuant to ORS 704.500 or ORS chapter 477, 496, 497, 498, 501, 506, 508, 509, 511 or 830, the court having jurisdiction of the offense may order the State Marine Board to revoke the certificate of registration issued to that person pursuant to ORS 704.020 or 704.027.

�� (3) When a court orders revocation of a certificate of registration pursuant to this section, the court shall take up the certificate of registration and forward it with a copy of the revocation order to the board. Upon receipt thereof, the board shall cause revocation of the certificate of registration in accordance with the court order.

�� (4) Except as provided in subsection (6) of this section, the board, in its discretion, may reprimand an outfitter and guide or a crew member, or may suspend for up to 60 months, revoke or deny the registration of an outfitter and guide or of a crew member, for any of the following, as applicable:

�� (a) Conviction of a felony or misdemeanor related to the provision of services regulated by this chapter.

�� (b) Any serious or repeated violation of this chapter or ORS chapter 477, 496, 497, 498, 501, 506, 508, 509, 511 or 830 or any rule adopted pursuant to ORS chapter 477, 496, 497, 498, 501, 506, 508, 509, 511 or 830.

�� (c) Any serious or repeated violation of the fish and wildlife laws or regulations of the federal government or of another state for committing or omitting acts that, if committed or omitted in this state, would be a violation of ethical or professional standards established pursuant to this chapter. A certified copy of the record of suspension or revocation of the state making such suspension or revocation is conclusive evidence thereof.

�� (d) Having a registration, license, permit or certificate of the outfitter and guide, or of the crew member, suspended, revoked, canceled or denied by another state or by an agency of the United States for committing or omitting acts that, if committed or omitted in this state, would be a violation of ethical or professional standards established pursuant to this chapter. A certified copy of the record of suspension or revocation of the state making such suspension or revocation is conclusive evidence thereof.

�� (e) Having a United States Coast Guard vessel operator license revoked, suspended or canceled by the United States Coast Guard for committing or omitting acts that if committed or omitted in this state would be a violation of standards established pursuant to this chapter. A certified copy of the record of revocation, suspension or cancellation from the United States Coast Guard is conclusive evidence thereof.

�� (f) Engaging in fraudulent, untruthful or seriously misleading advertising in the conduct of the outfitting and guiding services.

�� (g) Conviction of a crime involving delivery, manufacture or possession of a controlled substance, as defined in ORS 475.005.

�� (h) Conviction of assault in any degree, criminal homicide as defined in ORS 163.005 or kidnapping in any degree.

�� (5) The board shall revoke the registration of an outfitter and guide or crew member for:

�� (a) Conviction of a crime, the result of which prohibits the person from possessing a firearm; or

�� (b) Conviction of a crime, the result of which requires the person to be registered as a sex offender under ORS 163A.010, 163A.015, 163A.020 or 163A.025.

�� (6) The board may deny, for any period, the registration of an outfitter and guide or crew member if:

�� (a) The outfitter and guide, the crew member or any person who provides or assists the outfitter and guide in directly providing outfitting and guiding services has had a certificate of registration revoked pursuant to a court order under this section for conviction of a violation of ORS chapter 496, 497, 498 or 501, or any rule adopted pursuant to ORS chapter 496, 497, 498 or 501; and

�� (b) The violation described in paragraph (a) of this subsection involved the unlawful taking or killing of wildlife with a culpable mental state as provided for in ORS

ORS 706.008

706.008 of $5,000, payable to the people of the State of Oregon, conditioned that the employment agency will comply with ORS 658.005 to 658.245 and will pay:

�� (a) All sums legally owing to any person when the employment agency or its agents have received such sums;

�� (b) All damages occasioned to any person by reason of any willful misrepresentation, fraud, deceit or other unlawful act or omission by the employment agency, or its agents or employees acting within the scope of their employment; and

�� (c) All sums legally owing to any employee of the employment agency.

�� (2) For the purposes of this section, each general partner shall furnish the required bond or letter of credit. When an employment agency is operated by a limited liability company or corporation, the bond or letter of credit shall be in the name of the limited liability company or corporation. [1953 c.694 �7; 1961 c.380 �8; 1973 c.678 �6; 1981 c.318 �9; 1983 c.607 �2; 1987 c.306 �3; 1991 c.331 �101; 1997 c.55 �5; 1997 c.631 �519]

�� 658.076 [1973 c.678 �10c; 1981 c.318 �10; 1991 c.331 �102; repealed by 1997 c.55 �1]

�� 658.078 Record keeping. (1) Each employment agency shall keep accurate and current records of all job orders, referrals, applications, advertisements and other records as determined by rule of the Commissioner of the Bureau of Labor and Industries to be reasonably necessary for the administration of ORS 658.005 to 658.245, and shall maintain those records separate from records of any other business conducted by the person, firm, organization, limited liability company or corporation operating the employment agency.

�� (2) Whenever a charge for services is to be collected or is attempted to be collected from an applicant for employment, the agency shall, in addition to those records required in subsection (1) of this section, keep accurate and current records of all contracts and receipts of moneys received from applicants.

�� (3) The commissioner or the commissioner�s representative may during normal business hours inspect the records of the employment agency pertaining to placements, and need not give notice before such inspection. An employment agency shall furnish to the commissioner upon request a true copy of its records pertaining to placement, or any portion thereof, and shall make such reports relating to complaints of applicants for employment or employees as the commissioner requires. [1961 c.380 �20; 1973 c.678 �7; 1981 c.318 �11; 1987 c.306 �5; 1997 c.55 �6]

�� 658.080 [Repealed by 1953 c.694 �30]

�� 658.085 [1953 c.694 �8; 1957 c.465 �12; 1971 c.206 �1; 1973 c.678 �8; 1979 c.224 �1; 1981 c.318 �12; repealed by 1997 c.55 �1]

�� 658.090 [Repealed by 1953 c.694 �30]

�� 658.095 [1953 c.694 �9; 1961 c.380 �9; 1973 c.678 �9; 1985 c.394 �1; repealed by 1997 c.55 �1]

�� 658.100 [Repealed by 1953 c.694 �30]

�� 658.105 [1953 c.694 �10; 1961 c.380 �10; 1971 c.206 �2; 1973 c.678 �10; 1979 c.224 �2; 1981 c.318 �13; repealed by 1997 c.55 �1]

�� 658.110 [Repealed by 1953 c.694 �30]

�� 658.115 Civil penalties. (1) In addition to any other penalty provided by law, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty not to exceed $2,000 against any person, firm, organization, limited liability company or corporation that has violated any provisions of ORS 658.005 to 658.245 or 658.250 or the rules adopted pursuant thereto.

�� (2) Civil penalties under this section shall be imposed as provided in ORS 183.745.

�� (3) All penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund and are available for general governmental expenses. [1961 c.380 �11; 1973 c.678 �11; 1975 c.144 �5; 1981 c.318 �14; 1997 c.55 �7; 2003 c.406 �3]

�� 658.120 [Repealed by 1953 c.694 �30]

�� 658.125 Judicial review. A person aggrieved by an order of the Commissioner of the Bureau of Labor and Industries may obtain judicial review thereof in accordance with ORS chapter 183. [1953 c.694 �12; 1961 c.380 �12; 1971 c.734 �101; 1981 c.318 �15; 1997 c.55 �8]

�� 658.130 [Repealed by 1953 c.694 �30]

�� 658.135 [1953 c.694 �13; 1981 c.318 �16; repealed by 1997 c.55 �1]

�� 658.140 [Repealed by 1953 c.694 �30]

�� 658.145 Schedule of charges. (1) Every employment agency shall publish a schedule of charges for service to be collected in the conduct of its business. In the schedule, the various employments shall be classified according to the method of computing the agency�s fee for services, and the maximum fee shall be fixed and shall include the charges for services of every kind rendered by the agency in each case or transaction on behalf of the prospective employer and a prospective employee.

�� (2) Changes in the schedule may be made by posting a copy of a revised schedule in a conspicuous place in the employment agency. However, no change shall become effective until seven days after being posted in the agency. [1953 c.694 �14; 1961 c.380 �13; 1973 c.678 �12; 1981 c.318 �17; 1997 c.55 �9]

�� 658.150 [Repealed by 1953 c.694 �30]

�� 658.155 Posting and furnishing schedule of charges; charge in excess of schedule prohibited. (1) A copy of the schedule of charges for service in effect with the changes noted thereon shall be kept posted in the employment agency in a conspicuous place. The posted schedule and the changes therein shall be in lettering or printing of not less than 12-point type. The date of the taking effect of the schedule and of each change therein shall appear on the posted copies and kept posted in a conspicuous place in the offices of the employment agency.

�� (2) No charge for service to be collected shall be in excess of the schedule in the contract to procure employment between the agency and the applicant for employment.

�� (3) An employment agency shall provide any person who requests a copy of its schedule of charges for services with a copy of the schedule in effect at the time the request is made. [1953 c.694 �15; 1961 c.380 �14; 1971 c.235 �1; 1973 c.678 �13; 1981 c.318 �18; 1997 c.55 �10]

�� 658.160 [Repealed by 1953 c.694 �30]

�� 658.165 Order necessary before referral or charge to be made; obtaining employment other than that ordered; disputes regarding fees. (1) No employment agency shall accept a charge for service from an individual seeking employment or refer an individual to an employer without having first obtained, orally or in writing, a bona fide order from an employer seeking help which is to be answered by the individual.

�� (2) If an employment agency sends an applicant for employment and the applicant, within 90 days after the date of referral, secures employment other than that position specified in the bona fide order from the employer to which the applicant was sent, but with the same employer, the agency shall be entitled to a fee for the employment of the applicant, payable by the applicant, computed under the terms of the schedule of charges in effect in the agency at the time of referral. The expiration date of the referral shall be stated in the contract.

�� (3) In disputes between employment agencies concerning the earning of a fee for placement of an applicant, the fee shall be earned by the agency responsible for the applicant being placed. A reasonable effort shall be made by the billing agency to determine that it is entitled to the fee. The applicant shall be responsible for only one full fee for any single placement, and this fact shall be stated in the contract. [1953 c.694 �16; 1961 c.380 �15; 1973 c.678 �14]

�� 658.168 Contract requirements. (1) The contract between an employment agency and an applicant for whom such agency is to procure employment and from whom a charge for services is to be exacted or attempted to be collected shall be in writing. The agency shall give the applicant a copy of the contract.

�� (2) The contract between the employment agency and the applicant shall include:

�� (a) The name, address and telephone number of the employment agency.

�� (b) The name of the applicant.

�� (c) The date and consecutive number of the contract.

�� (d) A statement that the applicant is under no financial obligation to the employment agency by the mere signing of the contract, and that the applicant is obligated for the charge of services of the agency only if the applicant accepts and actually starts work in a position made available as a direct result of efforts of the agency, if the position is one on which the agency has a bona fide job order at the time of the applicant�s referral to an employer or is a different position accepted by the applicant with the same employer within 90 days after the date of referral and involves skills the applicant had at the time of referral under a bona fide job order and if the charges for service are based upon the schedule of charges published by the agency pursuant to ORS 658.145.

�� (e) The schedule of charges published by the agency pursuant to ORS 658.145.

�� (f) Any other term, condition or understanding agreed upon between the agency and the applicant.

�� (g) At the bottom of the contract, a notice to the effect that the contract is the property of the applicant and shall not be taken from the applicant.

�� (3) Each contract shall be made in duplicate, both to be signed by the applicant and the person acting for the employment agency. One copy shall be given to the applicant and the other shall be kept on file at the agency.

�� (4) No fee or charge may be required or accepted from an applicant for employment when the employment agency fails to comply with the provisions of subsection (1) of this section. [1981 c.318 �21; 1997 c.55 �11]

�� 658.170 [Repealed by 1953 c.694 �30]

�� 658.172 Job referral requirements. (1) Any job referrals between an employment agency and an applicant for whom such agency is to procure employment and from whom a charge for services is to be exacted or attempted to be collected shall be in writing. The employment agency shall give the applicant a copy of the job referral document.

�� (2) The job referral document, which shall be assigned the same number as the receipt of the job order by the agency, shall include:

�� (a) The name, address and telephone number of the employment agency.

�� (b) The date of issuing the job referral document.

�� (c) The name of the applicant, the name and address of the person to whom the applicant is sent for interview and the address where the applicant is to report for employment.

�� (d) The approximate amount of fee to be charged and to be collected from the applicant, if the applicant accepts employment, and a statement that the employer is not responsible for paying the fee.

�� (e) The kind of work or employment.

�� (f) The daily hours of work and the approximate wages or salary, including any consideration of privilege.

�� (g) If any labor trouble exists at the place of employment, a statement of that fact.

�� (3) The job referral document shall be signed by a representative of the employment agency, and shall be delivered to the applicant or sent by United States mail to the applicant.

�� (4) No fee or charge shall be required or accepted from an applicant for employment when the employment agency fails to comply with the provisions of subsection (3) of this section. [1971 c.235 �3; 1973 c.678 �15; 1981 c.318 �19; 1985 c.394 �2; 1997 c.55 �12]

�� 658.174 Contracts in violation of law prohibited. No employment agency shall knowingly issue a contract for employment containing any term or condition that, if complied with, would be in violation of law, or attempt to fill an order for help to be employed in violation of law. [1973 c.678 �7b]

�� 658.175 [Repealed by 1961 c.380 �16 (658.176 enacted in lieu of 658.175)]

�� 658.176 Fees and charges for services. No fee or charge may be required or accepted from an individual seeking employment prior to the time such individual obtains employment and actually starts work. However, the employment agency may specify the terms of payment in the contract, or, after the applicant accepts employment, but before starting work, enter into an agreement for the payment of the agency�s charge, providing payment is to commence only upon the condition and after the date the applicant starts work. [1961 c.380 �17 (enacted in lieu of 658.175); 1973 c.678 �16]

�� 658.180 [Repealed by 1953 c.694 �30]

�� 658.185 Limitation on charges; manner of calculating certain charges; credits and refunds. (1) As used in this section:

�� (a) �Permanent employment� means all employment that lasts 90 calendar days or more.

�� (b) �Temporary employment� means employment that is contemplated at the time of referral by an employment agency to last less than 90 calendar days regardless of the reason for termination of the employment.

�� (2)(a) If an individual is employed in temporary employment through the services of an employment agency, the charge for services paid by the individual shall not exceed one-ninetieth of the charge for permanent employment for each consecutive calendar day during the period the individual is employed or compensated as though employed.

�� (b) If an individual leaves employment within 90 days after the starting date of employment, the employment agency shall reduce the charge for services payable by the individual to that payable for temporary employment under paragraph (a) of this subsection and shall refund any charge paid in excess of that amount.

�� (c) Notwithstanding the other provisions of this section, in no instance in which the employment secured is subsequently terminated shall the charge for services by an employment agency be greater than the total gross earnings of the individual.

�� (d) All interest, fees or other charges paid or required to be paid to any person or organization in order to procure the funds to pay an employment agency�s charge for services shall be allowed as a credit against the charge. The provisions of this paragraph shall be stated in all contracts provided for in ORS 658.172.

�� (e) A refund when due shall be made within 10 days after request therefor by the individual. If the decision of the employment agency is not to make a refund, the agency shall notify the individual in writing, within such 10-day period, as to the specific reasons or circumstances for which the refund is not made. If the agency fails to properly notify the individual or fails to tender a refund within the 10-day period, the agency shall be liable to the individual in the amount of an additional sum equal to the amount of the refund.

�� (3)(a) If an individual secures employment in which the individual is to be paid on the basis of straight commissions, or a drawing account against commissions, or either a drawing account or salary plus commissions, the charge for services payable by the individual may be predicated upon the projected total gross earnings of the individual during the first year of employment as estimated by the employer and upon the employer demonstrating to the agency reasonable grounds therefor.

�� (b) Upon the conclusion of the individual�s first six months and the conclusion of the individual�s second six months of employment, a computation of the individual�s actual total gross earnings may be provided by the individual to the agency, and, predicated upon appropriate proof of such earnings, an adjustment in the charge for services shall be made by which either the agency shall refund to the individual any excess charge paid by the individual or the individual shall pay to the agency any deficiency thereon.

�� (c) If the individual�s employment is terminated prior to the conclusion of the first 12 months of employment, the actual total gross earnings of the individual for the period of employment shall be projected to 12 months on a pro rata basis as though the individual had been employed for the entire period of 12 months, and a computation shall be made thereon. The charge for services paid or payable by the individual shall be predicated upon such computation as though the individual had been so employed. [1953 c.694 �18; 1961 c.380 �18; 1969 c.493 �97; 1973 c.678 �17; 1981 c.318 �22; 1997 c.55 �13]

�� 658.195 Giving false information or making false representations; advertisements. (1) No employment agency shall knowingly publish or cause to be published any false, fraudulent or misleading information, representation, notice or advertisement.

�� (2)(a) All advertisements of an employment agency by means of cards, circulars or signs, and in newspapers and other publications, and all letterheads, receipts and blanks shall contain the name and address of the office of the employment agency.

�� (b) For the purposes of this subsection, it is sufficient compliance if the name actually used by the agency in its business is a registered assumed business name or the name of a bona fide corporation that clearly identifies the agency and the fact it is an employment agency.

�� (3) No employment agency shall knowingly give any false information or make any false promises or representations concerning an engagement or employment to any person who registers or applies for employment or help.

�� (4) Except in an advertisement in a section of a publication that otherwise clearly designates the advertisement as that of an employment agency, every employment agency charging or collecting a fee for services from individuals seeking or obtaining employment shall use the word �agency� or �agencies� as part of its name or after its name. However, any employment agency that, as its sole means of procuring or attempting to procure employment or engagements for others, places the qualifications of applicants before prospective employers in areas exclusively outside the United States shall not be required to include the word �agency� or �agencies� in its title or in any other identifying materials used in the conduct of its business. [1953 c.694 �19; 1961 c.380 �21; 1973 c.678 �18; 1981 c.318 �23; 1987 c.306 �6; 1997 c.55 �14]

�� 658.197 [1973 c.678 �25; 1981 c.318 �24; repealed by 1997 c.55 �1]

�� 658.205 Prohibited agency employment activities. (1) No employment agency shall send or cause to be sent any person as an employee to any illegally operated business the character of which the agency could have ascertained upon reasonable inquiry.

�� (2) No employment agency shall knowingly permit any person of bad character to frequent, or be employed by, such agency.

�� (3) No employment agency shall permit persons in its employment to use any names other than their legal names in the course of, and in respect to, their employment with the agency. However, the Commissioner of the Bureau of Labor and Industries may, waive the provisions of this subsection in individual cases for good cause shown by the person requesting the waiver.

�� (4) No employment agency shall accept any application for employment of a minor or place or assist in placing any minor in employment if the employment would be in violation of any law regulating the employment of minors or of any rule, regulation or order adopted pursuant to such law.

�� (5) No employment agency shall refer an individual seeking employment to any place where a strike, lockout or other labor dispute exists if it has knowledge or reasonably should have knowledge of the same, without notifying the individual of such conditions in writing.

�� (6) No employment agency shall refer an applicant for employment without notifying such applicant whether a labor contract is in existence at the establishment to which the applicant is being sent, and whether union membership is required.

�� (7) No employment agency shall divide charges for services with an employer, agent or employee of an employer or person to whom individuals are referred for employment. This subsection does not prohibit cooperative arrangements between employment agencies so long as an applicant for employment does not thereby pay more than one charge for all services performed.

�� (8) No employment agency shall charge an applicant a charge for services for accepting employment with such employment agency or any subsidiary of that agency.

�� (9) No employment agency shall charge an applicant a charge for services when help is furnished to an employer, an agent, any employee of an employer, a member or person who has a financial interest in such employment agency.

�� (10) No employment agency shall request or accept an assignment of wages from an applicant for employment. [1953 c.694 �20; 1973 c.678 �19; 1981 c.318 �25]

�� 658.210 Rules. The Commissioner of the Bureau of Labor and Industries may adopt rules reasonably necessary for the administration of ORS 658.005 to 658.245. [1973 c.138 �3; 1981 c.318 �26]

�� Note: 658.210 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 658 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 658.215 [1953 c.694 �21; 1961 c.380 �22; repealed by 1973 c.678 �20 and by 1973 c.827 �83]

�� 658.220 Injunctive relief for violation; authority of commissioner. (1) When it appears to the Commissioner of the Bureau of Labor and Industries that any person is engaged or about to engage in an act or practice that constitutes a violation of ORS

ORS 709.030

709.030 and 709.130. [Amended by 1973 c.797 �201; 1973 c.823 �144; 1974 c.36 �26]

�� 709.250 [Repealed by 1973 c.797 �428; amended by 1973 c.823 �145; amendment treated as reenactment, see 709.251]

�� 709.251 [1973 c.823 �145 amending 709.250 treated as reenactment of 709.250 repealed by 1973 c.797 �428; repealed by 1974 c.36 �28]

�� 709.260 [Repealed by 1973 c.797 �428]

�� 709.270 Disclosure of communications and writings. A trust company shall, except as otherwise provided in this section, keep inviolate all communications and writings made to or by the trustees touching the existence, condition, management and administration of any private trust confided to it. A creditor or stockholder is not entitled to disclosure or knowledge of the communication or writing. However, the officers, manager, trust officer, secretary or attorney of the trust company may know of the communication or writing. In any suit or proceeding touching the existence, condition, management or administration of the trust, the court in which the matter is pending may require disclosure of the communication or writing. [Amended by 1973 c.797 �202; 1997 c.631 �217]

�� 709.280 Loans to directors, officers, employees or affiliates. (1) A trust company shall not make any loan to any director, officer or employee of the trust company or to any affiliate or any director, officer or employee of an affiliate from its trust funds, and shall not permit any director, officer, employee or affiliate to become indebted to it in any way out of its trust funds, unless specifically authorized to do so by the terms of the trust.

�� (2) An officer, director or employee of a trust company shall not knowingly violate any provision of this section, or aid or abet any other person in a violation.

�� (3) This section shall not prevent the maintenance by a trust company of time or demand deposits of its trust funds in an affiliate that is a bank or extranational institution, provided that the bank or extranational institution complies with the requirements of ORS 709.220 pertaining to obtaining and setting aside bonds, surety bonds and other securities in an amount equal to the portion of the trust funds not insured by the Federal Deposit Insurance Corporation. [Amended by 1973 c.797 �203; 1975 c.544 �29e; 1983 c.296 �5b; 1997 c.631 �218]

�� 709.290 Closing of trust unduly delayed. If, as a result of an examination, the Director of the Department of Consumer and Business Services finds that the closing of any trust by a trust company has been unreasonably delayed, the director may initiate proceedings in a court of competent jurisdiction to require the trust company to perform its duties in closing the trust. [Amended by 1973 c.797 �204]

�� 709.300 Transaction of trust business by national bank. (1) A national bank authorized to conduct a trust business that has complied with the applicable provisions of this chapter may transact trust business in all respects, as provided by applicable laws of the United States and rules and regulations promulgated pursuant thereto. All acts provided in the Bank Act to be performed by the State Treasurer, the Director of the Department of Consumer and Business Services or other public officials for or in respect to trust companies, shall be performed for national banks equally with trust companies.

�� (2) Every national bank that is authorized to transact trust business and that has qualified by making the deposit of securities required under ORS 709.030, may:

�� (a) Act or be appointed by any court to act in any fiduciary capacity to the same extent as any trust company;

�� (b) Use the word �trust� in its corporate name; and

�� (c) Advertise its authority to act in fiduciary capacities. [Amended by 1963 c.55 �1; 1965 c.170 �1; 1973 c.797 �205; 1997 c.631 �219]

�� 709.310 [Amended by 1963 c.55 �2; repealed by 1973 c.797 �428]

�� 709.320 [Repealed by 1973 c.797 �428]

�� 709.330 Sale or transfer of assets or liabilities; effect on fiduciary relations. (1) When a sale or transfer of assets or liabilities becomes effective, the purchasing corporation succeeds to all the rights, obligations and relations of the selling corporation to or in respect to any person, estate, creditor, depositor, trustee or beneficiary of any trust and in respect to any fiduciary relation, and the rights, obligations and relations remain unencumbered.

�� (2) The sale or transfer of assets or liabilities does not effect a renunciation or revocation of any letters of administration, letters testamentary, letters of guardianship or any other fiduciary relationship.

�� (3) If any trust, estate, conservatorship or other fiduciary relationship of the selling corporation requires a court to approve a change of the fiduciary, within 90 days after the change becomes effective the successor fiduciary shall file notice of the change with the court that has jurisdiction and serve notice of the change upon each beneficiary. The successor fiduciary may serve the notice in the manner provided in ORCP 9 or, if the residence of a beneficiary is not known, the successor fiduciary may publish the notice in the manner provided for the publication of summons.

�� (4) A beneficiary or other person that is interested in the trust, estate, conservatorship or other fiduciary relationship may, within 90 days after the service of the notice described in subsection (3) of this section, apply to the appropriate court for a change of fiduciary or such other relief as may be proper. [Amended by 1973 c.797 �206; 1979 c.284 �195; 1997 c.631 �219a; 2015 c.244 �78]

�� 709.335 Digital signatures. A trust company may conduct transactions using digital signatures and issue certificates for the purpose of verifying digital signatures. [1997 c.631 �234a; 1999 c.718 �3; 2001 c.535 �35; 2005 c.118 �5]

TERMINATION OF TRUST BUSINESS

�� 709.340 Trust company quitting business; examination. A trust company quitting business shall furnish to the Director of the Department of Consumer and Business Services satisfactory evidence of its release and discharge from all obligations and trusts provided for in the Bank Act. The director shall examine the trust company, and, if the director is satisfied after the examination that the trust company has discharged all its obligations and trusts, the director shall revoke its certificate of authority and deliver up all securities on deposit with the director under ORS 709.030. [Amended by 1973 c.797 �207]

�� 709.350 Successor trustee upon liquidation or receivership; appointment and qualification; petition by director; applicability of state laws. (1) If a trust company goes into voluntary or involuntary liquidation or receivership, the appointment of a successor trustee for the trust shall be handled by the court hearing the liquidation proceedings upon petition by the Director of the Department of Consumer and Business Services, the trust company, any interested person or, in the case of a federal bank or extranational institution, by its receiver or liquidating agent.

�� (2) Upon the filing of the petition, the court shall order all persons interested in any trust to designate and take all necessary steps to appoint a successor trustee within a time fixed in the order, or to show cause why a successor trustee should not be appointed by the court. The order may be general in its terms and need not designate the trusts involved or the nature, purpose or extent of the trusts, or give the name of any of the beneficiaries or interested persons.

�� (3) In a trust where those interested in the trust fail to cause a successor trustee to be appointed prior to the time fixed in the order, the court shall appoint a successor trustee.

�� (4) The successor trustee shall succeed to all the rights, powers, and obligations of the trust company in liquidation, except claims or liabilities arising out of the management of trusts prior to the date of transfer.

�� (5) A copy of the order provided for in subsection (2) of this section shall be published once a week for four successive weeks in a newspaper of general circulation to be designated by the court and published in the county in which the liquidation proceedings of the trust company are carried on. If there is no newspaper published in the county, or if the court conducting the liquidation proceedings is located outside this state, publication shall be made in a newspaper of general circulation in the State of Oregon designated by the court. Proof of publication shall be made in the same manner as proof of publication of summons is made.

�� (6) The filing of the petition and the making and entering of the order and the publishing of a copy of the order, gives the court full jurisdiction of the trusts and all parties interested in the trusts. A court having jurisdiction shall require the director to mail, by registered mail or by certified mail with return receipt, postage prepaid, a copy of the order to each living trustor of all private trusts in which the trust company is trustee or to the then directly participating beneficiaries of all private trusts in which there is no living trustor. The notice shall be mailed to the last-known address of each trustor or participating beneficiary as shown by the records of the trust company. Proof of mailing shall be in such form as the court may require. Failure to mail the notice or the nonreceipt of the notice by any trustor or participating beneficiary shall not affect the jurisdiction of the court or invalidate any order or judgment made in the proceedings.

�� (7) It is unnecessary to require the appearance of minors or other incompetents by guardians ad litem or otherwise.

�� (8) The provisions of subsections (2) to (6) of this section shall apply only to trust companies that are organized under the laws of this state and to trust companies that are the trust departments of banks having their principal places of business in this state. If any other trust company goes into voluntary or involuntary liquidation or receivership, the proceedings shall be governed by the laws of the state or country in which the proceedings are initiated. The director and any other interested person may participate in the proceedings. Any successor trustee appointed pursuant to the proceedings shall succeed to all the rights, powers and obligations of the trust company, except claims or liabilities arising out of the management of trusts prior to the date of transfer. [Amended by 1973 c.797 �208; 1991 c.249 �64; 1997 c.631 �220; 2003 c.576 �547]

�� 709.360 [Repealed by 1973 c.797 �428]

�� 709.370 [Repealed by 1973 c.797 �428]

�� 709.380 [Repealed by 1973 c.797 �428]

�� 709.390 Discontinuance of trust business; determination of claims against deposit of securities. (1) If a trust company discontinues its trust business, the Director of the Department of Consumer and Business Services shall file in the circuit court for the county in which the principal place of business of the trust company is located a verified petition:

�� (a) Stating that the trust company is closing, dissolving or transferring its trust business or is in process of voluntary or involuntary liquidation.

�� (b) Requesting that claims, if any, against the deposit made under ORS 709.030 by the trust company with the director be determined.

�� (2) Notwithstanding the provisions of subsection (1) of this section, if proceedings for the liquidation of the trust company have been commenced in a court located in a county or state other than the county in this state in which the trust company has its principal place of business, the director shall file the verified petition described in subsection (1) of this section in the court where the proceedings have been commenced. [Amended by 1957 c.115 �1; 1973 c.797 �209; 1997 c.631 �221]

�� 709.400 Order to start court action; publication of order; jurisdiction over securities; notice to trustor; applicability of state laws. (1) Upon the filing of the petition under ORS 709.390, the court shall make an order requiring all persons having claims against the deposits to start action in the circuit court hearing the petition of the Director of the Department of Consumer and Business Services within six months after the date of the order. Any claim not filed within the six-month period is barred. The petition or the order need not give the names of any beneficiary or the nature of the trusts protected by the deposit.

�� (2) A copy of the order shall be published in a newspaper designated by the court, having a general circulation in the county of the principal place of business of the trust company at least once a week for as many consecutive weeks as the court orders, but not less than four weeks nor more than 12 weeks. If a newspaper is not published in the county, the copy of the order shall be published in a newspaper of general circulation in the State of Oregon designated by the court. Proof of publication shall be made in the same manner as proof of publication of summons is made and the proof shall be filed with the clerk of the court.

�� (3) The filing of the petition, under ORS 709.390, and the making and entering of the order and the publishing of a copy of the order under this section gives the court exclusive jurisdiction of deposited securities and of all parties having an interest in or claim upon the securities.

�� (4) A court shall require the director to mail, by certified mail with return receipt, postage prepaid, a copy of the order to each living trustor of all private trusts in which the trust company is trustee and which have not been closed or to the directly participating beneficiaries of all private trusts in which there is no living trustor. The notice shall be mailed to the last-known address of each trustor or participating beneficiary as shown by the records of the trust company. Proof of mailing shall be in the form required by the court. Failure to mail the notice or the nonreceipt of the notice by any trustor or participating beneficiary shall not affect the jurisdiction of the court or invalidate any order or judgment made in the proceedings.

�� (5) The appearance of minors or other incompetents by guardians ad litem or otherwise is not necessary.

�� (6) The provisions of subsections (1) to (4) of this section shall apply only to trust companies that are organized under the laws of this state and to trust companies that are the trust departments of banks having their principal places of business in this state. If a petition is filed under ORS 709.390 (2), the proceedings shall be governed by the laws of the state or country in which the petition is filed. A copy of any court order requiring persons having claims against the deposits made by the trust company under ORS 709.030 to bring their claims within a specified period of time shall be published in a newspaper of general circulation in the State of Oregon. The director shall mail, by certified mail with return receipt, postage prepaid, a copy of the order to each trustor living in this state of a private trust in which the trust company is trustee and which has not been closed, and to the directly participating beneficiaries who reside in this state of any private trust in which there is no trustor living in Oregon. The notice shall be mailed to the last known address of each such trustor or participating beneficiary as shown by the records of the trust company. Proof of mailing shall be in the form required by the court. Failure to mail the notice or the nonreceipt of notice by any trustor or participating beneficiary shall not affect the jurisdiction of the court or invalidate any order or judgment made in the proceedings. [Amended by 1973 c.797 �210; 1979 c.284 �196; 1991 c.249 �65; 1997 c.631 �222]

�� 709.410 Termination of right to do trust business. The filing by the Director of the Department of Consumer and Business Services of the petition provided for in ORS 709.390 terminates the right of the trust company affected thereby to do a trust business in this state, except as may be necessary to wind up then existing trusts. [Amended by 1973 c.797 �211; 1997 c.631 �223]

�� 709.420 Actions or suits on claims; service of summons; preference on calendar. (1) In all actions to determine claims to the deposits, the Director of the Department of Consumer and Business Services shall be a necessary party defendant.

�� (2) An action shall not be considered to have begun within the time required by the order unless, in the case of defendants within the state, summons is actually served within 60 days after the time limited in the order.

�� (3) Actions filed to determine claims to the deposits shall have preference upon the calendar of any Oregon trial or appellate court and shall be tried by such courts without unnecessary delay. [Amended by 1973 c.797 �212; 1997 c.631 �224]

�� 709.430 Release or payment of deposit pending suit; distribution of deposits upon determination of suit. (1) If any actions on claims against the deposit mentioned in ORS 709.390 are begun within the six-month period, the Director of the Department of Consumer and Business Services shall not release and the court shall not order the payment of any part of the deposit until all actions are determined by final judgment.

�� (2) When all actions on claims against the deposit are finally determined, so much of the deposit as is necessary shall be paid to the claimants who have established their claims in the sums allowed by the court or, if not sufficient, the deposit shall be distributed pro rata among the claimants establishing their claims.

�� (3) The court, in the proceeding initiated by the director, shall enter a judgment providing that the balance of the deposit be paid to the trust company or if the trust company is in the process of liquidation, to the official in charge of the liquidation. [Amended by 1973 c.797 �213; 1997 c.631 �225; 2003 c.576 �548]

�� 709.440 Director�s charges as prior lien on deposit. All unpaid charges owing to the Director of the Department of Consumer and Business Services for expenses and services rendered under ORS 709.080 in connection with the deposit mentioned in ORS 709.030, and all expenses incurred by the director, including services rendered by the director, attorney fees and necessary court expenses in connection with the determination of claims against the deposit, are a first and prior lien on the deposit, and shall be paid before any part of the deposit is released or paid to any claimant or trust company. [Amended by 1973 c.797 �214; 1997 c.631 �226]

�� 709.450 Sale and disposition of securities to pay expenses, costs and claims. The court hearing the proceedings instituted by the Director of the Department of Consumer and Business Services under ORS 709.390 may, upon terms fixed by the court, order the director to sell and reduce to cash the deposited securities as necessary to pay:

�� (1) The unpaid charges and expenses described in ORS 709.440; and

�� (2) Claims established against the deposit. [Amended by 1973 c.797 �215]

�� 709.460 Application of ORS 709.390 to 709.450 to merger or consolidation; return of security deposit after merger or consolidation. (1) ORS 709.390 to 709.450 do not apply to a merger or consolidation of a trust company with another trust company authorized to conduct a trust business whereby the security deposits and the trust business of the retiring trust company are acquired by the resulting trust company.

�� (2) Immediately following the completion of a merger or consolidation described in subsection (1) of this section, the Director of the Department of Consumer and Business Services, upon written application of the resulting trust company, shall return to the resulting trust company that portion of the combined security deposits of the trust companies involved in the merger or consolidation which exceeds the deposit required by ORS 709.030 for the combined cash and securities held in trust by the resulting trust company following the merger or consolidation. [Amended by 1957 c.115 �2; 1973 c.797 �216; 1997 c.631 �227]

�� 709.500 [Formerly 57.830; renumbered

ORS 711.475

711.475 to 711.510. [Amended by 1973 c.797 �256]

�� 711.445 Notice of taking possession of institution; prohibition against liens subsequent to insolvency. (1) Upon taking possession of the property and business of an institution, the Director of the Department of Consumer and Business Services shall give written notice of the fact to all persons holding or in possession of any assets of the institution.

�� (2) A person knowing that the director has taken possession of an institution shall not have a lien or charge for any payment advanced or any clearance thereafter made, or liability thereafter incurred, against any of the assets of the institution. [Amended by 1973 c.797 �257]

�� 711.450 Prohibition against applying to enjoin director from continuing possession. An institution may not apply to the supervising court for an order requiring the Director of the Department of Consumer and Business Services to show cause why the director should not be enjoined from continuing possession pursuant to ORS 711.419. [Amended by 1973 c.797 �258; 1975 c.544 �37; 1985 c.786 �43]

�� 711.455 [Repealed by 1973 c.797 �428]

�� 711.460 [Repealed by 1973 c.797 �428]

�� 711.465 Transfer of liquidation functions to Federal Deposit Insurance Corporation. (1) Upon taking possession of the business and property of an insolvent Oregon stock bank, the deposits of which are to any extent insured by the Federal Deposit Insurance Corporation, if the Federal Deposit Insurance Corporation will accept the duty of liquidating the Oregon stock bank, the Director of the Department of Consumer and Business Services may appoint without bond the Federal Deposit Insurance Corporation to act as receiver for the Oregon stock bank. When so appointed the Federal Deposit Insurance Corporation shall exercise all the powers and perform all the duties of the director in connection with the liquidation of Oregon stock banks.

�� (2) Upon being notified in writing of the acceptance of the appointment, the director shall file a certificate evidencing the appointment of the Federal Deposit Insurance Corporation in the office of the director. Upon the filing of the certificate the possession of all the assets, business and property of the Oregon stock bank except those securities pledged under ORS 295.015 shall be transferred from the Oregon stock bank and the director to the Federal Deposit Insurance Corporation, and without the execution of any instruments of conveyance, assignment, transfer or indorsement the title to all such assets and property shall vest in the Federal Deposit Insurance Corporation. The director shall be relieved from all responsibility and liability in respect to the liquidation of the Oregon stock bank. [Amended by 1973 c.797 �259; 1983 c.296 �11; 1993 c.98 �25; 1997 c.631 �246]

�� 711.470 Subrogation rights of Federal Deposit Insurance Corporation. If any Oregon stock bank in which the deposits are to any extent insured by the Federal Deposit Insurance Corporation is closed for the purpose of liquidation without adequate provision being made for the payment of its depositors and if the Federal Deposit Insurance Corporation pays or makes available for payment the insured deposit liabilities of the closed insured Oregon stock bank, the Federal Deposit Insurance Corporation is subrogated to all rights against the closed insured Oregon stock bank of the owners of deposits to the extent of any payments made by the corporation to the depositors. [Amended by 1973 c.797 �260; 1997 c.631 �247]

�� 711.475 Inventory of assets; filing notice of taking possession. Upon taking possession of the property of an institution to liquidate its affairs, the Director of the Department of Consumer and Business Services shall:

�� (1) Inventory the assets of the institution. The inventory shall be prepared in duplicate with one copy filed in the office of the director and one in the office of the clerk of the county in which the principal office of the institution is located.

�� (2) Within a reasonable time, file with the clerk of the supervising court a notice that the director has taken possession and the time of taking possession.

�� (3) Proceed to liquidate the affairs of the institution, collect debts due the institution and do what is necessary to preserve the assets and business of the institution. [Amended by 1973 c.797 �261]

�� 711.480 Sale of assets. (1) Upon order of the supervising court, the Director of the Department of Consumer and Business Services may:

�� (a) Sell or compromise any bad or doubtful debts, including the individual liability of any stockholder of the institution.

�� (b) Sell all or any of the real estate and personal property of the institution on terms directed by the supervising court.

�� (2) The director, upon compliance with the terms of the sale of property, shall execute and deliver to the purchaser of the property the necessary deeds or instruments to evidence the passing of the title. If the real estate is situated outside the county in which the principal office of the institution is located, a certified copy of the order authorizing and ratifying the sale shall be filed in the office of the clerk of the county in which the property is situated. [Amended by 1973 c.797 �262]

�� 711.485 Borrowing funds to pay closed institution expenditures. The Director of the Department of Consumer and Business Services may, after the director has obtained the consent of the supervising court, borrow funds from any source available to be used for distribution among depositors or other creditors of the institution in the process of liquidation, or for expense of liquidation or preservation of the assets of the institution. To secure the loan, the director may pledge, on terms fixed by the lender and agreed to by the director, all or any portion of the assets of the institution. The director is not personally obligated to pay the loans. [Amended by 1973 c.797 �263]

�� 711.490 Capital stock requirements of institution purchasing assets and assuming liabilities of insolvent institution. If the assets of an insolvent institution are sold to a new institution and the new institution assumes any or all of the deposit liabilities of the insolvent institution with the approval of the Director of the Department of Consumer and Business Services and the supervising court, the new institution may be organized with a capital stock equal to the capital stock of the insolvent institution without regard to the capital requirements of ORS 707.050. [Amended by 1973 c.797 �264]

�� 711.495 Action by director to collect balance due on stock or stock assessment. If an institution becomes insolvent and is taken in charge by the Director of the Department of Consumer and Business Services for liquidation, the director may maintain an action against any stockholder, whose stock or assessment on the stock has not been fully paid, for the collection of the unpaid balance. The action may be prosecuted against one or more stockholders, singly or collectively. [Amended by 1973 c.797 �265]

�� 711.500 Liability of transferor of stock made in contemplation of insolvency; proceedings to relieve stockholder of liability prohibited. (1) Stockholders in an institution who have transferred their stock or registered the transfer of their stock within 60 days before the date of the closing of the institution or with the knowledge of the impending closing or failure, are liable, as if the transfer had not been made, to the extent that the subsequent transferee fails to pay the unpaid balance on the stock. This subsection does not affect any recourse which a former stockholder might otherwise have against those in whose name the stock is registered at the time the institution closes.

�� (2) An action may not be brought by the holder of any stock standing in the name of the stockholder on the books of an institution at the time it closes which will relieve the stockholder of liability as a stockholder. [Amended by 1973 c.797 �266]

�� 711.505 Liability of fiduciary as stockholder; liability of estate and funds. A person holding stock of an institution as a fiduciary, as collateral security or in pledge, is not personally subject to any liability as a stockholder. The person pledging the stock is liable as a stockholder. The estate and funds in the hands of the fiduciary are liable to the same extent as the testator, intestate, protected person or person interested in the trust fund would be liable if able to act and hold the stock in the name of that person. [Amended by 1973 c.797 �267; 1973 c.823 �146; 1974 c.36 �27]

�� 711.510 Deposit of money collected under ORS 711.495; security for deposit. (1) The moneys collected by the Director of the Department of Consumer and Business Services under ORS 711.495 shall be, from time to time, deposited in one or more insured institutions, subject to the order of the director.

�� (2) The director may require any bank in which the director deposits money under this section to furnish security therefor satisfactory to the director for the safekeeping and prompt payment of the money deposited. [Amended by 1973 c.797 �268; 1997 c.631 �248]

�� 711.515 �Depositor� defined; preferences among depositors. (1) As used in ORS 711.515 to 711.525, �depositor� includes purchasers or holders in due course of certificates of deposit, cashiers� checks, certified checks, outstanding unpaid drafts drawn or issued by an Oregon stock bank, unsecured letters of credit and unsecured drafts accepted by the Oregon stock bank if the instruments enumerated are issued pursuant to cash or credit actually received or realized by the Oregon stock bank.

�� (2) A depositor or deposit, including deposits of the State of Oregon or any county, city or political subdivision thereof, shall not have a preference or prior lien on any assets of an insolvent Oregon stock bank over the claims of other depositors or deposits, unless the assets have been pledged as security in compliance with the provisions of law. This subsection does not apply to any claims or demands involving funds held by an Oregon stock bank under an express oral or written trust agreement, where a preference to the trust funds may be established by evidence satisfactory to the Director of the Department of Consumer and Business Services and the supervising court. [Amended by 1973 c.797 �269; 1997 c.631 �249]

�� 711.520 Priority of claimants against assets of Oregon stock bank that is insolvent or in liquidation. If an Oregon stock bank becomes insolvent or goes into voluntary or involuntary liquidation, the assets of the Oregon stock bank must be applied in the following order of priority:

�� (1) First, if collateral has been pledged under ORS 295.015 and assets have been pledged under ORS 709.030, to the benefit of those for whom the collateral and assets have been pledged;

�� (2) Second, to pay the expenses of liquidation;

�� (3) Third, to satisfy the amount due the depositors; and

�� (4) Fourth, to satisfy the amount due sellers of federal funds. [Amended by 1973 c.797 �270; 1993 c.373 �1; 1997 c.631 �250; 1999 c.311 �5; 2015 c.244 �84]

�� 711.525 Interest on deposits after Oregon stock bank closes. Interest on unsecured interest-bearing deposits and on secured interest-bearing deposits other than public funds shall stop on the date any Oregon stock bank is placed in the hands of the Director of the Department of Consumer and Business Services for liquidation. Interest on public funds that are secured as provided in ORS chapter 295, shall continue at the rate being paid by the Oregon stock bank prior to the time it closed. [Amended by 1973 c.797 �271; 1997 c.631 �251]

�� 711.530 Notice to creditors to present claims. The Director of the Department of Consumer and Business Services shall cause notice to be given by advertisement, in a newspaper of the choice of the director, weekly for four consecutive weeks, notifying persons with claims against an institution which the director has taken possession of for the purpose of liquidating its affairs, to present the claim to the director, with legal proof of the claim, at a designated place on or before the expiration of 60 days after the date of the first publication of the notice. The notice shall state the date of the first publication. The director shall mail a similar notice to all persons whose names appear as creditors upon the books of the institution. Failure to mail the notice to any creditor does not give the creditor any right or impose any liability on the director. [Amended by 1973 c.797 �272]

�� 711.535 Verification and filing of claims; demand for preference. (1) All claims shall be verified and filed with the Director of the Department of Consumer and Business Services. If a claimant asserts a preference other than the preference given in ORS 711.520 to depositors, the claim shall include a demand for preference and a statement of the grounds upon which preference is claimed.

�� (2) Any claim for preference shall be filed with the director and the supervising court, before the expiration of the time fixed under ORS 711.530 in the notice to creditors. If a claim for preference is not filed within the designated time, it is barred. [Amended by 1973 c.797 �273]

�� 711.540 Approval or rejection of claims. (1) Within a reasonable time after the expiration of the time fixed in the notice to creditors, the Director of the Department of Consumer and Business Services shall approve or reject, in whole or in part, every claim filed.

�� (2) Depositors� claims that assert no priority or preference other than the preference given under ORS 711.520 to depositors and that are filed after the expiration of the time fixed in the notice to creditors for the filing of all claims shall be approved or rejected, in whole or in part, within a reasonable time after the claims are filed with the director.

�� (3) The approval or rejection of any claim by the director shall be indorsed in writing upon the claim and the director need not state the reasons for the approval or rejection. The director may at any time alter or amend the previous approval or rejection of any claim. [Amended by 1973 c.797 �274; 2003 c.14 �443]

�� 711.545 Objection to approval of claims. (1) If a creditor of the closed institution or any interested party objects to the action of the Director of the Department of Consumer and Business Services in allowing in whole or in part any claim filed with the director, the creditor shall, within 10 days after the list of allowed claims has been filed with the clerk of the supervising court, make and file with the clerk of the supervising court a verified statement of the objections of the creditor. The statement shall state the facts and reasons upon which the objections are based and include a notice that the objecting party appeals to the supervising court. Objections to the approval of any claim may be made at any time but, if not filed within the 10-day period, the objections shall apply only to that portion of the claim which has not yet been paid.

�� (2) A copy of the objections and notice shall be served upon the director and upon the creditor whose claim is challenged. Proof of the service shall be filed in the supervising court with the statement of objections.

�� (3) The statement of objection filed in the supervising court shall also have attached to it a copy, certified as correct by the director, of the claim so approved and the approval of the claim indorsed thereon by the director. [Amended by 1973 c.797 �275]

�� 711.550 Objection to rejection of claims. (1) If the Director of the Department of Consumer and Business Services rejects any claim in whole or in part, written notice of the rejection shall be given to the claimant, either in person or by mail. If notice by mail is given, it is sufficient that the notice be sent to the address indicated by the claimant on the proof of claim filed with the director. If no address is given, then it is sufficient if the notice is mailed to the last address of the claimant as shown by the books and records of the closed institution. If notice of rejection is given by mail, the notice is considered to have been given by the director on the day when the notice of rejection is properly addressed and deposited in the mail, postage prepaid. Proof of giving of notice of rejection by the director shall be made by affidavit, and the affidavit shall be prima facie evidence of the giving of notice. The affidavit shall be filed in the office of the director.

�� (2) Within 30 days after the giving of the notice of rejection, the claimant may appeal the rejection by serving the director with notice of appeal and by filing the notice with the clerk of the supervising court with proof of service of the notice upon the director and a copy, certified as correct by the director, of the rejected claim and the indorsement made thereon by the director. [Amended by 1973 c.797 �276; 2007 c.71 �230]

�� 711.554 Procedure for determination of claims. (1) After the filing of objections under ORS 711.545 or the filing of the notice and other papers under ORS 711.550 and upon the motion of any of the parties in interest, the supervising court, upon notice to all the parties, shall set the matter for trial.

�� (2) The trial shall be held in a summary manner upon the documents filed with the court. The person filing the statement of objection or the claimant whose claim was rejected has the burden of proof.

�� (3) An appeal from the decision of the supervising court to the appellate court may be taken by either party as from any other judgment of the supervising court. [1973 c.797 �277; 2003 c.576 �550]

�� 711.555 [Repealed by 1973 c.797 �428]

�� 711.560 Costs and disbursements in claim proceedings. A party to the proceedings upon any hearing provided for in ORS 711.554 shall not recover costs or disbursements from any other party. [Amended by 1973 c.797 �278]

�� 711.565 Claims presented after time expired. Depositors� claims presented and allowed after the expiration of the time fixed in the notice to creditors may be paid the amount of all prior dividends therein, if there are sufficient funds, and share in the distribution of the remaining assets in the hands of the Director of the Department of Consumer and Business Services equitably applicable thereto. [Amended by 1973 c.797 �279]

�� 711.567 Supervising court to bar claims to facilitate closing. To facilitate the final closing of the liquidation of the institution, the supervising court may, by order, bar all claims at any time after one year from the date of the first publication of notice to creditors under ORS 711.530. [1973 c.797 �280]

�� 711.570 Lists of claims. (1) Upon the expiration of the time fixed under ORS 711.530 for the presentation of claims, the Director of the Department of Consumer and Business Services shall make in duplicate a list of the claims presented specifying whether the claims have been approved, rejected or neither approved nor rejected pending further investigation. The list shall also note which claims have been presented to the supervising court for appeal. One copy of the list shall be filed in the office of the director and one in the office of the clerk of the supervising court.

�� (2) The director shall, in like manner, make and file supplemental lists showing all claims presented subsequent to the filing of the first list.

�� (3) The lists shall be filed in the supervising court at least 15 days before the payment of any dividend on the claims or the payment of any preferred claims. [Amended by 1973 c.797 �281]

�� 711.572 Liability of directors for distributing assets without payment of known debts. The directors of an institution who vote for or assent to any distribution of assets of the institution to its stockholders during the liquidation of the institution without the payment and discharge of, or making adequate provision for, all known liabilities of the institution shall be jointly and severally liable to the institution for the value of the assets which are distributed, to the extent that the liabilities of the institution are not thereafter paid and discharged. [1973 c.797 �282]

�� 711.575 Dividends to depositors. At any time after the expiration of the date fixed for the presentation of claims under ORS 711.530 the Director of the Department of Consumer and Business Services may, out of the funds remaining in the hands of the director after the payment of expenses, declare one or more dividends. After the expiration of one year from the first publication of notice to creditors the director may declare a final dividend. The dividends shall be paid to the persons, in the amounts and upon the notice as may be directed by the supervising court. [Amended by 1973 c.797 �283]

�� 711.577 Death of depositor; payment of claim. (1) Any person who would be entitled to withdraw a deposit under ORS 708A.430 may claim the deposit and receive dividends thereon, or if claim has been made it may be amended after the death of the claimant so that future dividends are paid to the person entitled thereto under ORS 708A.430.

�� (2) If any claim is more than $500, dividends may be paid to the person entitled thereto, as provided in ORS 708A.430, if the Director of the Department of Consumer and Business Services is satisfied that the total dividends to be paid after the death of the claimant are less than $100.

�� (3) The director is under no obligation to determine the relationship of the affiants or declarants to the deceased depositor and the payment of dividends made in good faith to parties making the affidavit or declaration shall be a release of the director for the amount of the dividends so paid. [1973 c.797 �284; 1997 c.631 �251a; 2017 c.51 �4]

�� 711.580 Safety deposit boxes; removal of property. (1) If an institution, at the time the Director of the Department of Consumer and Business Services takes possession of its property and business, has in its possession, as bailee, for safekeeping and storage, any valuable personal property, or has rented any vaults, safes or safe deposit boxes or any portion thereof for the storage of property of any kind, the director may mail a notice to the person claiming to be or appearing upon the institution�s books to be the owner of the property, or the person in whose name the safe, vault or box stands notifying them to remove the property within a period fixed by the notice but not less than 90 days after the date the notice is mailed. The notice shall be in writing and sent by registered mail or by certified mail with return receipt directed to the person at the person�s post-office address as recorded upon the books of the institution. The director shall allow a person access to the institution so that the person may remove the person�s property stored or kept with the institution as described in this subsection. The director may require that the person show identification reasonably identifying the person as the person whose name appears as owner of the property on the institution�s books or as the person in whose name the safe, vault or box stands. The director may limit access to normal business hours.

�� (2) Upon the date fixed by the notice, the contract, if any, between a person and the institution for the storage of the property or for the use of the safe, vault or box is terminated, and the amount of the unearned rent or charges, if any, paid by the person becomes a debt of the institution to the person.

�� (3) After the date fixed in the notice the safe, vault or box may be opened in the presence of the director, and a witness who is not an officer or employee of the institution. A list and description of the property shall be made by the person opening the safe, vault or box and shall be attached to the property. The director shall keep the property in one of the general safes or boxes of the institution until it is delivered to the person entitled to receive it or is disposed of as provided in ORS 711.582. [Amended by 1973 c.797 �285; 1981 c.397 �1; 1991 c.249 �67]

�� 711.582 Disposition of contents of safety deposit boxes. (1) If property is not removed within six months after the time fixed by the notice of the Director of the Department of Consumer and Business Services under ORS 711.580, the director may sell the property under the direction of the supervising court. The proceeds of the sale shall be held for the benefit of the person entitled to the property. Any funds which have not been claimed within two years after the final order closing the liquidation of the institution may be disposed of in the manner prescribed in ORS 711.590 for unclaimed dividends and deposits.

�� (2) If papers or other articles which have no value and cannot be sold are not removed within six months after the time fixed in the notice of the director, the director shall store the papers and articles with the records of the insolvent institution. One year after the final order closing the liquidation of the institution the papers and articles may be destroyed in the manner prescribed in ORS 711.595 for the records of an insolvent institution. [1973 c.797 �286]

�� 711.585 Selection of agents to wind up affairs of institution; bond or letter of credit; duties of agent. (1) When the Director of the Department of Consumer and Business Services has paid to each depositor and creditor of the institution whose claim as a depositor or creditor has been proved and allowed, the full amount of the claim and has made proper provision for unclaimed or unpaid deposits or dividends and has paid all the expenses of the liquidation, the director shall call a meeting of the stockholders of the institution by giving notice of the meeting for 30 days in one or more newspapers circulated in the county in which the principal office of the institution is located. At the meeting the stockholders shall select, by ballot, one or more agents to administer the assets and wind up the affairs of the institution. A majority of the stock present and voting in person or by proxy is necessary to select an agent.

�� (2) The agent shall file with the director a bond or an irrevocable letter of credit to the State of Oregon in an amount not less than 20 percent of the book value of the assets to be surrendered to the agent, but in no case shall the bond or letter of credit be less than $1,000. The bond or letter of credit shall be executed by the agent as principal. The bond shall be executed by a surety company authorized to do business in this state as surety, and any letter of credit shall be issued by an insured institution. The bond or letter of credit shall be conditioned for the faithful performance of all the duties of the agent�s trust.

�� (3) When the agent files the required bond or letter of credit, the director shall transfer to the agent all the assets of the institution remaining in the hands of the director. Upon the transfer and delivery the director is discharged from all further liability to the institution and its creditors. The agent shall complete the liquidation of the affairs of the institution, and, after paying the expenses of the liquidation, shall distribute the proceeds among the stockholders in proportion to the several holdings of stock.

�� (4) If the stockholders fail to meet on the date advertised for the stockholders� meeting or within 15 days after the advertised date or fail to appoint an agent, or if the agent fails to qualify as required in this section within 30 days after the date of their selection, the director may appoint an agent. This agent shall file a bond or letter of credit and liquidate the affairs of the institution as though the agent had been selected by the stockholders. Upon the transfer and delivery to the agent appointed by the director of all the remaining assets in the hands of the director, the director is discharged from all further liability to the institution and its creditors. [Amended by 1973 c.797 �287; 1991 c.331 �116; 1997 c.631 �252]

�� 711.590 Disposition of unclaimed deposits; interest. (1) Two years after the date of the final order closing the liquidation of an institution, the Director of the Department of Consumer and Business Services may withdraw any unclaimed deposits or balances remaining to the credit of dividend accounts, representing the aggregate of undelivered checks or unpaid dividend funds in the possession of the Department of Consumer and Business Services, and report and pay the funds to the State Treasurer as unclaimed property under ORS 98.352.

�� (2) The interest earned on the dividend accounts while they remain in the possession of the director shall be paid to the State Treasurer to be credited to the Consumer and Business Services Fund and no person entitled to the accounts has any claim to the interest. [Amended by 1959 c.138 �4; 1973 c.797 �288; 1993 c.694 �37; 2019 c.678 �74; 2021 c.424 �22]

�� 711.595 Destruction of liquidation records in possession of director. If any files, records, documents, books of account or other papers have been taken over and are in the possession of the Director of the Department of Consumer and Business Services in connection with the liquidation of an insolvent institution, the director may, after one year from the declaration of the final dividend or from the date the liquidation has been closed by order of the supervising court, destroy any of the files, records, documents, books of account or other papers which appear to the director to be unnecessary for future reference as part of the liquidation and files of the office of the director. [Amended by 1973 c.797 �289]

�� 711.600 Liquidation expenses. The expenses incurred by the Director of the Department of Consumer and Business Services in the liquidation of an institution include the expenses of all employees of the Department of Consumer and Business Services employed in the liquidation, reasonable attorney fees for counsel employed by the director in the course of the liquidation, and stationery, rent, postage, telephone, telegraph and other office and traveling expense. The compensation of the employees and the expense of supervision and liquidation shall be fixed by the director, subject to the approval of the supervising court. The supervising court shall not increase the compensation or expenses over the amount fixed by the director. [Amended by 1973 c.797 �290; 1985 c.762 �44]

�� 711.605 Petitions relating to insolvent institutions; ruling by director; court review. Any petition relating to an insolvent institution, except a petition by the Director of the Department of Consumer and Business Services, shall be filed with the supervising court and the director. The director shall, within a reasonable time after the petition is filed, grant or refuse the petition and notify the petitioner in writing of the decision. If a petitioner is dissatisfied with the decision of the director the petitioner may, within 30 days after the decision of the director, present the petition, with the decision of the director, to the supervising court. The supervising court shall fix a date for the hearing of the petition, giving reasonable notice of the date to the petitioner and to the director. The supervising court shall determine the matter upon the evidence produced by all the parties, and the burden of proof is upon the petitioner. [Amended by 1973 c.797 �291]

�� 711.610 [Repealed by 1973 c.797 �428]

�� 711.615 Court filing fees. Fees shall not be charged for the filing in the supervising court by the Director of the Department of Consumer and Business Services, the deputies of the director or attorneys of any papers relating to the liquidation of an institution or which are necessary or convenient in connection with the collection of assets of an institution. [Amended by 1973 c.797 �292; 1999 c.803 �7]

�� 711.620 Suspending or restricting payment of liabilities; duration. (1) The Director of the Department of Consumer and Business Services may order an Oregon stock bank to suspend or restrict the payment of its liabilities to depositors and other creditors except as provided in ORS 711.620 to 711.670, if the action is necessary for the protection of the depositors and other creditors of the Oregon stock bank and is in the public interest.

�� (2) The order of the director is effective upon receipt by the Oregon stock bank of written notice thereof signed by the director and shall continue in effect until released or modified by the written order of the director. The suspension and restriction shall not exceed a period of 90 days, but may be extended for further periods not to exceed 90 days each upon the written order of the director. [1973 c.797 �293; 1997 c.631 �253]

�� 711.625 Taking possession of Oregon stock bank by director; powers of director; expenses. (1) When the order mentioned in ORS 711.620 takes effect, the Director of the Department of Consumer and Business Services shall immediately take possession of the property and affairs of the Oregon stock bank, and take whatever action is necessary to conserve the assets of the Oregon stock bank pending further disposition of its business.

�� (2) While the director is in possession of an Oregon stock bank, the director shall have all the powers given to the director in connection with insolvent Oregon stock banks, and the rights of interested parties shall, subject to ORS 711.620 to

ORS 72.7160

72.7160.

�� (3) On rightful rejection or justifiable revocation of acceptance a buyer has a security interest in goods in the possession or control of the buyer for any payments made on their price and any expenses reasonably incurred in their inspection, receipt, transportation, care and custody and may hold such goods and resell them in like manner as an aggrieved seller as provided in ORS 72.7060. [1961 c.726 �72.7110]

�� 72.7120 �Cover�; buyer�s procurement of substitute goods. (1) After a breach within ORS 72.7110 the buyer may �cover� by making in good faith and without unreasonable delay any reasonable purchase of or contract to purchase goods in substitution for those due from the seller.

�� (2) The buyer may recover from the seller as damages the difference between the cost of cover and the contract price together with any incidental or consequential damages as defined in ORS 72.7150, but less expenses saved in consequence of the seller�s breach.

�� (3) Failure of the buyer to effect cover within this section does not bar the buyer from any other remedy. [1961 c.726 �72.7120]

�� 72.7130 Buyer�s damages for nondelivery or repudiation. (1) Subject to the provisions of ORS 72.7230 with respect to proof of market price, the measure of damages for nondelivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract price together with any incidental and consequential damages provided in ORS 72.7150, but less expenses saved in consequence of the seller�s breach.

�� (2) Market price is to be determined as of the place for tender or, in case of rejection after arrival or revocation of acceptance, as of the place of arrival. [1961 c.726 �72.7130]

�� 72.7140 Buyer�s damages for breach in regard to accepted goods. (1) Where the buyer has accepted goods and given notification as provided in ORS 72.6070 (3) the buyer may recover as damages for any nonconformity of tender the loss resulting in the ordinary course of events from the seller�s breach as determined in any manner which is reasonable.

�� (2) The measure of damages for breach of warranty is the difference at the time and place of acceptance between the value of the goods accepted and the value they would have had if they had been as warranted, unless special circumstances show proximate damages of a different amount.

�� (3) In a proper case any incidental and consequential damages under ORS 72.7150 may also be recovered. [1961 c.726 �72.7140]

�� 72.7150 Buyer�s incidental and consequential damages. (1) Incidental damages resulting from the seller�s breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach.

�� (2) Consequential damages resulting from the seller�s breach include:

�� (a) Any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and

�� (b) Injury to person or property proximately resulting from any breach of warranty. [1961 c.726 �72.7150]

�� 72.7160 Buyer�s right to specific performance or replevin. (1) A judgment requiring specific performance may be entered if the goods are unique or in other proper circumstances.

�� (2) The judgment for specific performance may include such terms and conditions as to payment of the price, damages or other relief as the court may deem just.

�� (3) The buyer has a right of replevin for goods identified to the contract if after reasonable effort the buyer is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered. In the case of goods bought for personal, family or household purposes, the buyer�s right of replevin vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver. [1961 c.726 �72.7160; 2001 c.445 �139; 2003 c.576 �333]

�� 72.7170 Deduction of damages from the price. The buyer on notifying the seller of the intention of the buyer to do so may deduct all or any part of the damages resulting from any breach of the contract from any part of the price still due under the same contract. [1961 c.726 �72.7170]

�� 72.7180 Liquidation or limitation of damages; deposits. (1) Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. A term fixing unreasonably large liquidated damages is void as a penalty.

�� (2) Where the seller justifiably withholds delivery of goods because of the buyer�s breach, the buyer is entitled to restitution of any amount by which the sum of the buyer�s payments exceeds:

�� (a) The amount to which the seller is entitled by virtue of terms liquidating the seller�s damages in accordance with subsection (1) of this section; or

�� (b) In the absence of such terms, 20 percent of the value of the total performance for which the buyer is obligated under the contract or $500, whichever is smaller.

�� (3) The buyer�s right to restitution under subsection (2) of this section is subject to offset to the extent that the seller establishes:

�� (a) A right to recover damages under the provisions of this chapter other than subsection (1) of this section; and

�� (b) The amount or value of any benefits received by the buyer directly or indirectly by reason of the contract.

�� (4) Where a seller has received payment in goods their reasonable value or the proceeds of their resale shall be treated as payments for the purposes of subsection (2) of this section; but if the seller has notice of the buyer�s breach before reselling goods received in part performance, the resale is subject to the conditions laid down in ORS 72.7060 on resale by an aggrieved seller. [1961 c.726 �72.7180]

�� 72.7190 Contractual modification or limitation of remedy. (1) Subject to the provisions of subsections (2) and (3) of this section and of ORS 72.7180 on liquidation and limitation of damages:

�� (a) The agreement may provide for remedies in addition to or in substitution for those provided in this chapter and may limit or alter the measure of damages recoverable under this chapter, as by limiting the buyer�s remedies to return of the goods and repayment of the price or to repair and replacement of nonconforming goods or parts; and

�� (b) Resort to a remedy as provided is optional unless the remedy is expressly agreed to be exclusive, in which case it is the sole remedy.

�� (2) Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in the Uniform Commercial Code.

�� (3) Consequential damages may be limited or excluded unless the limitation or exclusion is unconscionable. Limitation of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable but limitation of damages where the loss is commercial is not. [1961 c.726 �72.7190]

�� 72.7200 Effect of �cancellation� or �rescission� on claims for antecedent breach. Unless the contrary intention clearly appears, expressions of �cancellation� or �rescission� of the contract or the like shall not be construed as a renunciation or discharge of any claim in damages for an antecedent breach. [1961 c.726 �72.7200]

�� 72.7210 Remedies for fraud. Remedies for material misrepresentation or fraud include all remedies available under this chapter for nonfraudulent breach. Neither rescission or a claim for rescission of the contract for sale nor rejection or return of the goods shall bar or be deemed inconsistent with a claim for damages or other remedy. [1961 c.726 �72.7210]

�� 72.7220 Who can sue third parties for injury to goods. Where a third party so deals with goods which have been identified to a contract for sale as to cause actionable injury to a party to that contract:

�� (1) A right of action against the third party is in either party to the contract for sale who has title to or a security interest or a special property or an insurable interest in the goods; and if the goods have been destroyed or converted a right of action is also in the party who either bore the risk of loss under the contract for sale or has since the injury assumed that risk as against the other.

�� (2) If at the time of the injury the party plaintiff did not bear the risk of loss as against the other party to the contract for sale and there is no arrangement between them for disposition of the recovery, the suit or settlement of the party plaintiff is, subject to the interest of the party plaintiff, as a fiduciary for the other party to the contract.

�� (3) Either party may with the consent of the other sue for the benefit of whom it may concern. [1961 c.726 �72.7220]

�� 72.7230 Proof of market price: time and place. (1) If an action based on anticipatory repudiation comes to trial before the time for performance with respect to some or all of the goods, any damages based on market price shall be determined according to the price of such goods prevailing at the time when the aggrieved party learned of the repudiation.

�� (2) If evidence of a price prevailing at the times or places described in this chapter is not readily available the price prevailing within any reasonable time before or after the time described or at any other place which in commercial judgment or under usage of trade would serve as a reasonable substitute for the one described may be used, making any proper allowance for the cost of transporting the goods to or from such other place.

�� (3) Evidence of a relevant price prevailing at a time or place other than the one described in this chapter offered by one party is not admissible unless and until the party has given the other party such notice as the court finds sufficient to prevent unfair surprise. [1961 c.726 �72.7230]

�� 72.7240 Admissibility of market quotations. Whenever the prevailing price or value of any goods regularly bought and sold in any established commodity market is in issue, reports in official publications or trade journals or in newspapers or periodicals of general circulation published as the reports of such market shall be admissible in evidence. The circumstances of the preparation of such a report may be shown to affect its weight but not its admissibility. [1961 c.726 �72.7240]

�� 72.7250 Statute of limitations in contracts for sale. (1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.

�� (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party�s lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.

�� (3) Where an action commenced within the time limited by subsection (1) of this section is so terminated as to leave available a remedy by another action for the same breach such other action may be commenced after the expiration of the time limited and within six months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.

�� (4) This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action which have accrued before the Uniform Commercial Code becomes effective. [1961 c.726 �72.7250]

SALE OF CONSUMER GOODS

�� 72.8010 Definitions for ORS 72.8010 to 72.8200. As used in ORS 72.8010 to 72.8200, unless the context requires otherwise:

�� (1) �Consumer good� means a new consumer good as defined in ORS 79A.1020 and includes, but is not limited to, a new motor vehicle, new manufactured dwelling, new modular home, new machine, new appliance or new like product used or bought for use primarily for personal family or household purposes. However, �consumer good� does not include a soft good or a consumable.

�� (2) �Buyer� or �retail buyer� means any person who buys a consumer good from a person engaged in the business of manufacturing, distributing or selling consumer goods at retail.

�� (3) �Manufacturer� means any person who manufactures, assembles or produces consumer goods.

�� (4) �Distributor� means any person who stands between the manufacturer and the retail seller in purchases, consignments or contracts for sale of consumer goods.

�� (5) �Retail seller,� �seller� or �retailer� means a person who engages in the business of selling consumer goods to retail buyers.

�� (6) �Soft good� means any pliable product substantially composed of woven material, natural or synthetic yarn or fiber, textile or similar product.

�� (7) �Consumable� means any product which is intended for consumption by individuals, or use by individuals for purposes of personal care or in the performance of services ordinarily rendered within the household, and which usually is consumed or expended in the course of such consumption or use.

�� (8) �Implied warranty of merchantability� of a consumer good or �implied warranty that a consumer good is merchantable� is a warranty that the consumer good:

�� (a) Passes without objection in the trade under the contract description;

�� (b) Is fit for the ordinary purposes for which the good is used;

�� (c) Is adequately contained, packaged and labeled; and

�� (d) Conforms to the promises or affirmations of fact made on the container or label.

�� (9) �Implied warranty of fitness� means that when the retailer, distributor or manufacturer has reason to know any particular purpose for which the consumer good is required, and further, that the buyer is relying on the skill and judgment of the seller to select and furnish a suitable good, then there is an implied warranty that the good shall be fit for such purpose. [1973 c.413 �1; 2001 c.445 �140]

�� Note: 72.8010 to 72.8200 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 72 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 72.8020 Manufacturer�s implied warranty of merchantability. Except if the manufacturer disclaims the warranty in the manner prescribed by ORS 72.8010 to 72.8200, the manufacturer of a consumer good to be sold at retail in this state gives, on sale or consignment for sale, the manufacturer�s implied warranty of merchantability. [1973 c.413 �3]

�� Note: See note under 72.8010.

�� 72.8030 Manufacturer�s implied warranty of fitness. Except if the manufacturer disclaims the warranty in the manner prescribed by ORS 72.8010 to 72.8200, on every sale or consignment for sale of a consumer good sold at retail in this state by a manufacturer who has reason to know at the time of the retail sale that the good is required for a particular purpose and that the buyer relies on the manufacturer�s skill or judgment to select or furnish a suitable good the manufacturer gives the manufacturer�s implied warranty of fitness. [1973 c.413 �4]

�� Note: See note under 72.8010.

�� 72.8040 Retailer�s or distributor�s implied warranty of fitness. Except if the retailer or distributor disclaims the warranty in the manner prescribed by ORS 72.8010 to

ORS 723.486

723.486, 723.488, 723.490 or 723.492 discharges the credit union from all claims for amounts paid, whether or not the payment is consistent with the beneficial ownership of the account between parties, P.O.D. payees or beneficiaries, or their successors. The protection given by this section does not extend to payments made after a credit union has received written notice from any party able to request present payment that states that withdrawals in accordance with the terms of the account should not be permitted. Unless the notice is withdrawn by the person giving it, the successor of any deceased party must concur in any demand for withdrawal if the credit union is to be protected under this section. No other notice or any other information shown to have been available to a credit union shall affect its right to the protection provided by this section. The protection provided by this section shall have no bearing on the rights of parties in disputes between themselves or their successors concerning the beneficial ownership of funds in or withdrawn from multiple-party accounts. [1999 c.185 �35]

�� 723.496 Right of credit union to setoff; amount. Without qualifying any other statutory or common law right to setoff or lien, and subject to any contractual provision, if a party to a multiple-party account is indebted to a credit union, the credit union has a right to setoff against the account in which the party has or had immediately before the death of the party a present right of withdrawal. The amount of the account subject to setoff is that proportion to which the debtor is, or was immediately before the death of the debtor, beneficially entitled and, in the absence of proof of net contributions, to an equal share with all parties having present rights of withdrawal. [1999 c.185 �36]

�� 723.498 Designation of agent for account; powers of agent. Nothing in ORS 723.426, 723.432,

ORS 723.498

723.498. [1999 c.185 �21; 2003 c.395 �24; 2005 c.381 �28; 2007 c.369 �3; 2009 c.11 �93; 2009 c.595 �1115; 2011 c.720 �218; 2017 c.51 �2; 2019 c.678 �77; 2021 c.424 �25; 2023 c.84 �2; 2025 c.65 �1]

�� 723.468 Adverse claim to deposit; notice; restraining order or other process; indemnity bond or letter of credit. (1) A credit union shall be obligated to recognize an adverse claim to a deposit it holds only if the adverse claimant gives notice to the credit union of its claim and:

�� (a) Procures a restraining order, injunction or other appropriate process against the credit union in an action wherein the person to whose credit the deposit stands is made a party and served with summons; or

�� (b) Delivers to the credit union in a form, and with sureties acceptable to the credit union, a bond or an irrevocable letter of credit issued by a financial institution, as defined in ORS 706.008, indemnifying the credit union from any liability, damage or expenses on account of the payment of the adverse claim or the dishonor of the check or other order of the person to whose credit the deposit stands.

�� (2) This section does not apply when the person in whose name the account is carried is a fiduciary for the adverse claimant, and the affidavit of the adverse claimant states the facts constituting the fiduciary relationship and the facts showing reasonable cause of belief on the part of the claimant that the fiduciary is about to misappropriate the deposit.

�� (3) A credit union may, at its option, interplead a deposit that is subject to any adverse claim. [1999 c.185 �22]

�� 723.470 Checks drawn by agents presumed to be in authorized manner. If a person who owns a share or deposit account subject to check authorizes another person as agent to draw checks against the account, the credit union, in the absence of written notice to the contrary, may presume that any check drawn by the agent in the manner authorized by the terms and conditions of the account, including checks drawn to the personal order of the agent, is drawn for a purpose authorized by the principal and within the scope of the authority conferred upon the agent. [1999 c.185 �23]

�� 723.472 Checks of intoxicated or drugged persons. A credit union may refuse to pay any check, draft or order drawn upon it when the officers or employees of the credit union have reason to believe that the person signing or indorsing the instrument was so under the influence of alcohol, drugs or controlled substances or that the person was otherwise so incapacitated as to make it reasonably doubtful whether the person was capable of transacting business at the time of signing or indorsing the check, draft or order. [1999 c.185 �24]

�� 723.474 Definitions for ORS 723.474 to 723.498. As used in ORS 723.474 to 723.498, unless the context requires otherwise:

�� (1) �Account� means a contract of deposit of funds between a member and a credit union and includes a checking account, savings account, certificate of deposit and share account.

�� (2) �Beneficiary� means a person named in a trust account as one for whom a party to the account is named as trustee.

�� (3) �Joint account� means an account payable on request to one or more of two or more parties whether or not mention is made of any right of survivorship.

�� (4) �Multiple-party account� means a joint account, a P.O.D. account or a trust account. �Multiple-party account� does not include:

�� (a) Accounts established for the deposit of funds of a partnership, joint venture or other association for business purposes; or

�� (b) Accounts controlled by one or more persons as the duly authorized agent or trustee for a corporation, unincorporated association, charitable or civic organization, or a regular fiduciary or trust account where the relationship is established other than by deposit agreement.

�� (5) �Net contribution� of a party to a joint account means the sum of all deposits made to the account by or for the party, less all withdrawals made by or for the party that have not been paid to or applied to the use of any other party, plus a pro rata share of any interest or dividends included in the current balance. �Net contribution� includes any proceeds of deposit life insurance added to the account by reason of the death of the party whose net contribution is in question.

�� (6) �Party� means a person who, by the terms of the multiple-party account, has a present right, subject to request, to payment from a multiple-party account. A P.O.D. payee or beneficiary of a trust account is a party only after the account becomes payable to the payee or beneficiary by reason of the payee or beneficiary surviving the original party or trustee. �Party� includes a guardian, conservator, personal representative or assignee, including an attaching creditor, of a party. �Party� also includes a person identified as a trustee of an account, whether or not a beneficiary is named, but does not include any named beneficiary unless the named beneficiary has a present right of withdrawal.

�� (7) �Payment� of sums on deposit includes withdrawal, payment on check or other directive of a party, any pledge of sums on deposit by a party and any setoff, deduction or other disposition of all or part of an account pursuant to a pledge.

�� (8) �P.O.D. account� means an account payable on request:

�� (a) To one person during the lifetime of the person and upon the death of the person to one or more P.O.D. payees; or

�� (b) To one or more persons during their lifetimes and upon the death of all of them to one or more P.O.D. payees.

�� (9) �P.O.D. payee� means a person designated on a P.O.D. account as the person to whom the account is payable on request after the death of one or more persons.

�� (10) �Request� means a proper request for withdrawal, or a check or order for payment, that complies with all conditions of the account, including special requirements concerning necessary signatures and regulations of the credit union. If the credit union conditions withdrawal or payment on advance notice, for purposes of ORS 723.474 to 723.498, the request for withdrawal or payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for withdrawal.

�� (11) �Sums on deposit� means the balance payable on a multiple-party account including interest, dividends and any deposit life insurance proceeds added to the account by reason of the death of a party.

�� (12) �Trust account� means an account in the name of one or more parties as trustee for one or more beneficiaries where the relationship is established by the form of the account and the deposit agreement with the credit union, and there is no subject of the trust other than the sums on deposit in the account. It is not essential that payment to the beneficiary be mentioned in the deposit agreement. A trust account does not include a regular trust account under a testamentary trust, a trust agreement that has significance apart from the account, or a fiduciary account arising from a fiduciary relationship such as attorney-client.

�� (13) �Withdrawal� includes payment to a third person pursuant to check or other directive of a party. [1999 c.185 �25]

�� 723.476 Application of ORS 723.478, 723.480 and 723.482; liability and setoff rights of credit unions. The provisions of ORS 723.478, 723.480 and 723.482 concerning beneficial ownership between parties or between parties and P.O.D. payees or beneficiaries of multiple-party accounts are relevant only to controversies between those persons and their creditors and other successors, and have no bearing on the power of withdrawal of those persons as determined by the terms of account contracts. The provisions of ORS 723.486 to 723.496 govern the liability of credit unions that make payments pursuant thereto, and their setoff rights. [1999 c.185 �26]

�� 723.478 Ownership of multiple-party accounts. (1) A joint account belongs, during the lifetime of all parties, to the parties in proportion to the net contributions by each party to the sums on deposit, unless there is clear and convincing evidence of a different intent.

�� (2) A P.O.D. account belongs to the original party during the lifetime of the party and not to the P.O.D. payee or payees. If two or more persons are named as original parties, during their lifetimes, rights between them are governed by subsection (1) of this section.

�� (3) Unless a contrary intent is manifested by the terms of the account or the deposit agreement, or there is other clear and convincing evidence of an irrevocable trust, a trust account belongs beneficially to the trustee during the lifetime of the trustee. If two or more parties are named as trustees of the account, during their lifetimes, beneficial rights between them are governed by subsection (1) of this section. If there is an irrevocable trust, the account belongs beneficially to the beneficiary. [1999 c.185 �27]

�� 723.480 Multiple-party accounts; disposition of deposit upon death of party or trustee; effect of will. (1) Sums remaining on deposit at a credit union at the death of a party to a joint account are rebuttably presumed to belong to the surviving party or parties against the estate of the decedent. If there are two or more surviving parties, their respective ownerships during their lifetimes shall be in proportion to their previous ownership interests under ORS 723.478, augmented by an equal share for each survivor of any interest the decedent may have owned in the account immediately before death. The right of survivorship continues between the surviving parties.

�� (2) If the account is a P.O.D. account:

�� (a) Upon the death of one of two or more original parties, the rights to any sums remaining on deposit are governed by subsection (1) of this section.

�� (b) Upon the death of the sole original party or the survivor of two or more original parties, any sums remaining on deposit belong to the P.O.D. payee or payees, if surviving, or to the survivor of them if one or more die before the original party. If two or more P.O.D. payees survive, there is no right of survivorship in the event of death of a P.O.D. payee thereafter unless the terms of the account or deposit agreement expressly provide for survivorship between them.

�� (3) If the account is a trust account:

�� (a) Upon the death of one of two or more trustees, the rights to any sums remaining on deposit are governed by subsection (1) of this section.

�� (b) Upon the death of the sole trustee or the survivor of two or more trustees, any sums remaining on deposit belong to the person or persons named as beneficiaries, if surviving, or to the survivor of them if one or more die before the trustee, unless there is clear and convincing evidence of a contrary intent. If two or more beneficiaries survive, there is no right of survivorship in the event of death of any beneficiary thereafter unless the terms of the account or deposit agreement expressly provide for survivorship between them.

�� (4) In other cases, the death of any party to a multiple-party account has no effect on beneficial ownership of the account, other than to transfer the rights of the decedent as part of the estate of the decedent.

�� (5) A right of survivorship arising under this section or from the express terms of the account, a beneficiary designation in a trust account or a P.O.D. payee designation cannot be changed by will.

�� (6) The rebuttable presumption under subsection (1) of this section may be overcome by evidence establishing that:

�� (a) The deceased party intended a different result; or

�� (b) The deceased party lacked capacity when the joint account was established.

�� (7) A credit union is not liable for distributing sums remaining on deposit at the death of a party to a joint account to a surviving party or parties in accordance with the account agreement unless, prior to distributing sums to a surviving party or parties:

�� (a) The credit union has received notice of an adverse claim under ORS 723.468; and

�� (b) The adverse claimant proceeds as required under ORS 723.468. [1999 c.185 �28; 2003 c.256 �2]

�� 723.482 Rights of survivorship based on form of account; alteration of form of account. The provisions of ORS 723.480 that apply to rights of survivorship are determined by the form of the account at the time of death of a party. Subject to satisfaction of the requirements of the credit union, the form of an account may be altered by a written order given by a party to the credit union. The order must be signed by the party, be received by the credit union during the party�s lifetime, and not be countermanded by other written order of the same party during the lifetime of the party. [1999 c.185 �29]

�� 723.484 Transfers of moneys upon death of depositor or trustee is not testamentary disposition. Any transfers resulting from the application of ORS 723.480 are effective by reason of the account contracts involved and application of ORS 723.480. The transfers are not to be considered as testamentary or subject to administration in the estate of a deceased party. [1999 c.185 �30]

�� 723.486 Multiple party account; payment of deposit to one or more parties; credit union not required to determine source or use of funds in account. Credit unions may enter into multiple-party accounts to the same extent that they may enter into single-party accounts. Any multiple-party account may be paid, on request, to any one or more of the parties. For purposes of establishing net contributions a credit union shall not be required to inquire about the source of funds received for deposit to a multiple-party account, or to inquire about the proposed application of any sum withdrawn from an account. [1999 c.185 �31]

�� 723.488 Joint account; payment to any party to account; payment to others. Any sums in a joint account may be paid, on request, to any party without regard to whether any other party is incapacitated or deceased at the time the payment is requested. Payment may not be made to the personal representative or heirs of a deceased party unless:

�� (1) Proof of death is presented to the credit union, showing that the decedent was the last surviving party; or

�� (2) There is no right of survivorship under ORS 723.480. [1999 c.185 �32]

�� 723.490 P.O.D. account; payment to any original party; payment to others. Any P.O.D. account may be paid, on request, to any original party to the account. Payment may be made, on request, to the P.O.D. payee or to the personal representative or heirs of a deceased P.O.D. payee upon presentation to the credit union of proof of death showing that the P.O.D. payee survived all persons named as original parties. Payment may be made to the personal representative or heirs of a deceased original party if proof of death is presented to the credit union showing that the decedent was the survivor of all other persons named on the account either as an original party or as a P.O.D. payee. [1999 c.185 �33]

�� 723.492 Trust account; payment to trustee; payment to others. Any trust account may be paid, on request, to any trustee. Unless the credit union has received written notice that the beneficiary has a vested interest not dependent upon the beneficiary surviving the trustee, payment may be made to the personal representative or heirs of a deceased trustee if proof of death is presented to the credit union showing that the decedent survived all other persons named on the account as either trustee or beneficiary. Payment may be made, on request, to the beneficiary upon presentation to the credit union of proof of death showing that the beneficiary or beneficiaries survived all persons named as trustees. [1999 c.185 �34]

�� 723.494 Discharge of credit union for payments made; conditions. Payment made pursuant to ORS

ORS 726.310

726.310 and 726.320 do not apply to the pledge loan. Before delivering the pledge or issuing a new pawn ticket, the pawnbroker may require the pledgor to make an affidavit of the alleged loss, destruction or theft and may charge a fee of not more than $3 for the lost, destroyed or stolen ticket. Not more than five days after receiving notice of the loss, destruction or theft of the ticket, the pawnbroker shall permit the pledgor either to redeem the pledge or to receive a new ticket upon paying accrued interest. The pawnbroker shall incur no liability for permitting the pledgor to redeem the pledge or receive a new ticket unless the pawnbroker has previously received written notice of an adverse claim. This section does not limit or affect the pawnbroker�s legal liability in cases where goods are stolen or other legal defects exist in the pledgor�s title with respect to the pledge. [Amended by 2007 c.360 �8; 2009 c.372 �2]

�� 726.350 Alteration. The alteration of a pawn ticket shall not excuse the pawnbroker who issued it from liability to deliver the pledge according to the terms of the pawn ticket as originally issued, but shall relieve the pawnbroker of any other liability to the pledgor or holder of the pawn ticket.

�� 726.360 Spurious pawn tickets. If a pawn ticket is presented to a pawnbroker which purports to be the one issued by the pawnbroker, but which is found to be spurious, the pawnbroker may seize and retain it without any liability whatsoever to the holder thereof. Any such pawn ticket so seized shall be delivered or mailed immediately to the Director of the Department of Consumer and Business Services accompanied by a letter of explanation. [Amended by 1987 c.373 �73]

�� 726.370 Multiple claimants of pledge; interpleader. (1) If more than one person claims the right to redeem a pledge, the pawnbroker is not liable for refusing to deliver the pledge until the respective rights of the claimants have been adjudicated unless the pawnbroker fails to verify whether the pledge is subject to a lien or other encumbrance, if the pledge is:

�� (a) A boat, as defined in ORS 830.005;

�� (b) A snowmobile, as defined in ORS 801.490;

�� (c) A trailer, as described in ORS 726.010 (2)(a)(D); or

�� (d) An all-terrain vehicle that is not required to be registered with the Department of Transportation.

�� (2) In an action brought against the pawnbroker for recovery of the pledge, the pawnbroker may as a defense require all known claimants to interplead.

�� (3) If either claimant does not bring an action against the pawnbroker within 30 days after notice of an adverse claim, the pawnbroker may dispose of the pledge as provided in this chapter. [Amended by 2013 c.261 �3]

�� 726.380 Loss of or injury to pledge; storage of large items off premises; lien on pledge; rules. (1) A pawnbroker is liable for the loss of a pledge or a part of a pledge or for an injury to a pledge that results from failure to exercise reasonable care. Reasonable care includes maintaining sufficient insurance coverage against possible loss as a result of fire, theft and burglary so as to protect the interest of the pledgor for the amount of the loan.

�� (2)(a) A pawnbroker may store large items, including items identified in paragraph (c) of this subsection, off the premises of the business location at which the pawnbroker makes the pledge loan only if:

�� (A) The pawnbroker and the pledgor agree in writing that the pawnbroker may store the large item as described in this paragraph;

�� (B) The pawnbroker maintains a business location at which the pawnbroker displays a license the Director of the Department of Consumer and Business Services issued under ORS 726.080; and

�� (C) The off-premises location complies with all requirements this chapter or the director sets forth for pawnbroker business locations with respect to security, bonding, insurance and notice.

�� (b) A pawnbroker may have only one off-premises location at which the pawnbroker stores large items for each business location for which the pawnbroker has the license described in paragraph (a)(B) of this subsection.

�� (c) A pawnbroker shall hold a pledge in a gated, secured facility that is designed, constructed, furnished and maintained to present physical deterrents to a person�s ability to enter into the facility without authorization and remove the pledge, if the pledge is:

�� (A) A boat, as defined in ORS 830.005;

�� (B) A snowmobile, as defined in ORS 801.490;

�� (C) A trailer, as described in ORS 726.010 (2)(a)(D); or

�� (D) An all-terrain vehicle that is not required to be registered with the Department of Transportation.

�� (d) The director by rule may define �large items� for the purposes of this subsection.

�� (3) The pawnbroker has the burden of proof to establish due care if a pledge is lost.

�� (4) The pawnbroker has a first lien on any pledge for the amount of the pledge loan and interest in all cases except where goods are stolen or where a prior lien exists by virtue of any provision of law. [Amended by 1979 c.202 �5; 2013 c.261 �4; 2019 c.10 �3]

�� 726.390 Interest rates and charges. (1)(a) Except as provided in paragraph (b) of this subsection, a pawnbroker may not charge, contract for or receive interest at a rate in excess of three percent per month.

�� (b) A pawnbroker may charge one month�s interest or $3 on pledge loans redeemed within the first month if interest accumulated amounts to less. The pawnbroker may not compound the interest and may not deduct or receive an amount in advance.

�� (2) A pawnbroker may charge a set-up fee of 10 percent for loans and loan renewals with a minimum charge of $2 and a maximum charge of $250.

�� (3) A pawnbroker may charge a storage fee of not more than seven percent for loans and loan renewals, with a minimum charge of $2 and a maximum charge of $250.

�� (4) Except as provided by law, a pawnbroker may not charge, contract for or receive an amount in addition to the interest provided for in this section. [Amended by 1973 c.449 �5; 1979 c.202 �6; 1981 c.192 �44; 1985 c.795 �1; 1997 c.842 �3; 2009 c.372 �3; 2015 c.90 �1; 2023 c.7 �1]

�� 726.395 Charges related to firearms. (1) A pawnbroker may charge a pledgor or customer a $5 fee if the pledgor or customer places a firearm with the pawnbroker. The pawnbroker may charge a $3 fee to renew the pledgor�s or customer�s placement of the firearm with the pawnbroker.

�� (2) In addition to the fees described in subsection (1) of this section, a pawnbroker may charge a pledgor or customer any fee that a government entity imposes on the pawnbroker for holding or transferring a firearm. [1973 c.449 �3; 1997 c.842 �4; 2009 c.372 �4; 2014 c.54 �1; 2023 c.7 �2]

�� 726.400 Loan period; renewal; forfeiture of pledge; notice; period for redeeming pledge. (1) Unless a pledgor and a pawnbroker agree to a longer loan period and the longer loan period is written on the pawn ticket, a pledge loan must be made for a period of 60 days. A pledge may be redeemed and the pledge loan repaid at any time before the loan period expires. A pawn ticket must clearly state the expiration date of the loan.

�� (2) A pledgor and a pawnbroker may agree to renew a pledge loan for successive periods of 60 days or longer. A loan is a renewal of the original loan if the pledgor pays only the interest and the fees on the loan or pays a portion of the principal, the interest and the fees on the loan and accepts another pledge loan from the pawnbroker on the same pledge on the same day.

�� (3) Except for a pledge that secures a pledge loan of $500 or less, the pawnbroker may not deem a pledge to be forfeited until:

�� (a) The pawnbroker notifies the pledgor that the pledge is at risk of forfeiture after the period described in subsection (1) of this section expires; and

�� (b) The pledgor has had an opportunity to redeem the pledge as provided in this section.

�� (4)(a) Except as provided in paragraph (b) of this subsection, the notice described in subsection (3) of this section must be in writing and delivered postpaid in a securely closed envelope addressed to the pledgor at the last-known address shown on the pawnbroker�s record by regular mail.

�� (b) At the time the pawnbroker makes or renews the loan, the pledgor may agree in writing to receive the notice described in subsection (3) of this section by electronic mail or other electronic means instead of by regular mail.

�� (5)(a) Delivery of a notice under this section occurs when the notice is mailed or sent electronically as provided in this section. The pawnbroker shall bear any postal costs for the notice.

�� (b) As evidence of delivery of the notice described in paragraph (a) of this subsection, the pawnbroker shall keep for at least two years:

�� (A) A copy of, and the returned envelope for, each notice the pawnbroker sends by regular mail; and

�� (B) An electronic record of each notice the pawnbroker sends by electronic mail or other electronic means.

�� (6) A pledgor has a grace period of 30 days after the pledge loan period expires or 30 days after the delivery date specified in subsection (5) of this section of the notice required under this section, whichever date is later, in which to redeem the pledge or to renew the loan by paying any renewal fee and all the accrued interest and fees to date. There is no grace period after a renewal expires.

�� (7) A pledge is forfeited if the pledge is not redeemed within the renewal period, if any, or within 30 days after the loan period expires or 30 days after the delivery date specified in subsection (5) of this section of a notice given under this section, whichever date is later. The pawnbroker acquires the pledgor�s title and interest in the forfeited pledge and the right to hold and dispose of the pledge as the pawnbroker�s own property. [Amended by 1973 c.449 �6; 1979 c.202 �7; 1981 c.192 �45; 1985 c.795 �2; 1997 c.842 �5; 2009 c.372 �5; 2010 c.14 �1; 2014 c.54 �2; 2017 c.56 �1]

�� 726.410 Record of forfeited pledges. Every pawnbroker shall keep an indelible record, fully itemized, of all forfeited pledges. The record shall contain the following information:

�� (1) The number of the pledge.

�� (2) The name and address of the pledgor.

�� (3) The date of the pledge loan or the date of the last payment received as interest or principal.

�� (4) The date of mailing notice.

�� (5) The date of forfeiture. [Amended by 1985 c.795 �3]

�� 726.420 Effect of charging excessive interest or fees. If any pawnbroker or agent, member, officer or employee thereof, or any other person is found by the Director of the Department of Consumer and Business Services to have charged, contracted for or received any interest, fees or other charges in excess of those permitted by ORS 726.390, then the pledge loan shall be void. The pawnbroker shall forfeit the right to collect or receive any principal, interest or charges whatsoever. The pawnbroker shall upon order of the director return to the pledgor free from the pawnbroker�s lien the pledge pledged by the pledgor without tender of principal and interest and shall pay into the county school fund of the county wherein the loan is made all payments and all fees or other charges previously collected under such pledge loan. [Amended by 1975 c.544 �59a; 1987 c.373 �74]

�� 726.430 [Repealed by 1975 c.544 �62]

�� 726.440 Enforcement orders. (1) The Director of the Department of Consumer and Business Services may, if the director has reason to believe that a person has:

�� (a) Violated, is violating or is about to violate ORS 726.040, 726.100, 726.110, 726.130,

ORS 726.400

726.400. [Amended by 1975 c.739 �1]

�� 726.280 Register and records of licensee. (1) Every pawnbroker shall keep a register in which the pawnbroker records in ink or in electronic form:

�� (a) The date of the transaction.

�� (b) The serial number of the pledge loan.

�� (c) The name and address of the pledgor, or if a person acting as agent for a disclosed principal makes a pledge, the name and address of the principal and the agent.

�� (d) An identifying description of the pledge.

�� (e) The amount of the pledge loan.

�� (f) The date on which the pledge loan was canceled.

�� (g) A notation as to whether the pledge was redeemed or renewed, or whether the pledge was forfeited.

�� (h) A notation that indicates that a lien search of the pledge has been conducted in the pledgor�s county of residence or with the state agency that is responsible for recording liens on the category of property to which the pledge belongs.

�� (2) All entries in the register must be made in the English language and must be open to the inspection of any public official, police officer or any other person who is duly authorized or empowered by the laws of this state to make an inspection.

�� (3) Every pawnbroker shall maintain an alphabetical file from which can be determined the total obligations of any one pledgor.

�� (4) Subject to the provisions of this chapter, the Director of the Department of Consumer and Business Services may prescribe the form of other books and records the pawnbroker must keep. All records shall be preserved and available for at least two years after making the final entry on any pledge loan recorded in the books or records. [Amended by 1979 c.202 �3; 1987 c.373 �72; 2007 c.360 �7; 2013 c.261 �2]

�� 726.285 Register and records of transactions by pawnbroker; delivery of copies to local police agency. (1) In addition to the register required under ORS 726.280, a pawnbroker shall record for each transaction, in a physical or an electronic form, the date, the name and address of the pledgor, the type and number of any proof of identification the pledgor presents, a physical description of the pledgor and an identifying description of the article pledged.

�� (2) The pawnbroker shall deliver each record in a physical or an electronic form, or a copy of the record, made under this section, within three days after the date of the transaction, to the local police agency that has jurisdiction over the location at which the pawnbroker has a place of business.

�� (3) A pawnbroker may keep a register required under ORS 166.427 in a physical or an electronic form and may deliver the register to the local police agency in electronic form. [1979 c.202 �10; 2016 c.70 �1]

�� 726.290 Signing of card, stub or record by pledgor. The pawnbroker shall at the time of making a loan require the pledgor or agent of the pledgor to write the signature and address of the pledgor or the agent of the pledgor on a card, ticket, stub or any other approved record, bearing the serial number of the loan corresponding to that recorded in the pawnbroker�s register as provided in ORS 726.280. If the person is unable to write, the person shall sign the person�s mark, and in such event the pawnbroker shall record on the signature card, stub or record such information as will enable the pawnbroker to identify the person in case of the loss of the ticket.

�� 726.300 Contents of pawn ticket; effect. (1) A pawnbroker at the time the pawnbroker makes a pledge loan shall deliver to the pledgor or an agent of the pledgor a memorandum or pawn ticket on which the pawnbroker shall legibly write or print the following:

�� (a) The date of the transaction.

�� (b) The serial number of the pledge loan.

�� (c) The article or articles pledged.

�� (d) The amount of the pledge loan.

�� (e) The rate of interest charged on the loan.

�� (f) The name and address of the pawnbroker.

�� (g) An accurate summary of the notice requirements of ORS 726.400.

�� (h) A statement as to whether the pawnbroker is storing or will store the pledge off the premises of the business location at which the pawnbroker makes the pledge loan.

�� (i) Other terms and conditions the pawnbroker may wish to insert that are not inconsistent with this chapter.

�� (2) Nothing that appears on the pawn ticket relieves the pawnbroker of the obligation to exercise reasonable care in safekeeping articles pledged with the pawnbroker. [Amended by 1979 c.202 �4; 2009 c.372 �1; 2019 c.10 �1]

�� 726.310 Person entitled to redeem pledge; return of pledge stored off premises. (1) Except as otherwise provided in this chapter, a person that holds a memorandum or pawn ticket is the person entitled to redeem the pledge associated with the memorandum or pawn ticket. A pawnbroker shall deliver the pledge to the person presenting such memorandum or pawn ticket upon payment of principal and interest due on the pledge loan.

�� (2) If a pawnbroker holds a pledge at a location that is off the premises of the business location at which the pawnbroker made the pledge loan or at which a person redeems the pledge, the pawnbroker shall return the pledge within two business days after the date on which the person redeems the pledge. [Amended by 2019 c.10 �2]

�� 726.320 Redemption by mail. When a pawn ticket, instead of being presented in person, is sent to the pawnbroker by mail, accompanied with a money order, bank draft or cash for the amount due including the cost of shipment and packing as desired, the pledge shall be securely packed and forwarded by the pawnbroker in accordance with the remitter�s instructions. If the remittance is insufficient to cover the amount due and the cost of shipment and packing as desired, the pawnbroker shall either notify the remitter of the amount of the deficiency or send the pledge subject to the payment of the deficiency by the consignee. The pawnbroker�s liability for the pledge shall cease upon delivery thereof to the carrier or the agent of the carrier. [Amended by 1973 c.449 �4; 1981 c.192 �43]

�� 726.330 Delivery of pledge upon surrender of pawn ticket. Except as otherwise provided in this chapter, a pawnbroker shall not be required to deliver a pledge except upon surrender of the pawn ticket, unless the ticket is impounded or its negotiation enjoined by a court of competent jurisdiction.

�� 726.340 Loss, destruction or theft of pawn ticket; affidavit; liability. If a pawn ticket or memorandum is lost, destroyed or stolen, the pledgor shall notify the pawnbroker of the loss, destruction or theft in writing. The pawnbroker shall treat receipt of the notice as a stop against the pledge loan, and thereafter the provisions of ORS

ORS 73.0104

73.0104 (1); but if the promise or order is an instrument, there cannot be a holder in due course of the instrument. [1993 c.545 �9]

�� 73.0107 Instrument payable in foreign money. Unless the instrument otherwise provides, an instrument that states the amount payable in foreign money may be paid in the foreign money or in an equivalent amount in dollars calculated by using the current bank-offered spot rate at the place of payment for the purchase of dollars on the day on which the instrument is paid. [1993 c.545 �10]

�� 73.0108 Payable on demand or at definite time. (1) A promise or order is �payable on demand� if it:

�� (a) States that it is payable on demand or at sight, or otherwise indicates that it is payable at the will of the holder; or

�� (b) Does not state any time of payment.

�� (2) A promise or order is �payable at a definite time� if it is payable on elapse of a definite period of time after sight or acceptance or at a fixed date or dates or at a time or times readily ascertainable at the time the promise or order issued, subject to rights of:

�� (a) Prepayment;

�� (b) Acceleration;

�� (c) Extension at the option of the holder; or

�� (d) Extension to a further definite time at the option of the maker or acceptor or automatically upon or after a specified act or event.

�� (3) If an instrument, payable at a fixed date, is also payable upon demand made before the fixed date, the instrument is payable on demand until the fixed date and, if demand for payment is not made before that date, becomes payable at a definite time on the fixed date. [1993 c.545 �11]

�� 73.0109 Payable to bearer or to order. (1) A promise or order is payable to bearer if it:

�� (a) States that it is payable to bearer or to the order of bearer or otherwise indicates that the person in possession of the promise or order is entitled to payment;

�� (b) Does not state a payee; or

�� (c) States that it is payable to or to the order of cash or otherwise indicates that it is not payable to an identified person.

�� (2) A promise or order that is not payable to bearer is payable to order if it is payable to the order of an identified person or to an identified person or order. A promise order that is payable to order is payable to the identified person.

�� (3) An instrument payable to bearer may become payable to an identified person if it is specially indorsed pursuant to ORS 73.0205 (1). An instrument payable to an identified person may become payable to bearer if it is indorsed in blank pursuant to ORS 73.0205 (2). [1993 c.545 �12]

�� 73.0110 Identification of person to whom instrument is payable. (1) The person to whom an instrument is initially payable is determined by the intent of the person, whether or not authorized, signing as, or in the name or behalf of, the issuer of the instrument. The instrument is payable to the person intended by the signer even if that person is identified in the instrument by a name or other identification that is not that of the intended person. If more than one person signs in the name or behalf of the issuer of an instrument and all the signers do not intend the same person as payee, the instrument is payable to any person intended by one or more of the signers.

�� (2) If the signature of the issuer of an instrument is made by automated means, such as a check-writing machine, the payee of the instrument is determined by the intent of the person who supplied the name or identification of the payee, whether or not authorized to do so.

�� (3) A person to whom an instrument is payable may be identified in any way, including by name, identifying number, office or account number. For the purpose of determining the holder of an instrument, the following rules apply:

�� (a) If an instrument is payable to an account and the account is identified only by number, the instrument is payable to the person to whom the account is payable. If an instrument is payable to an account identified by number and by the name of the person, the instrument is payable to the named person, whether or not that person is the owner of the account identified by number.

�� (b) If an instrument is payable to:

�� (A) A trust, and estate, or a person described as trustee or representative of a trust or estate, the instrument is payable to the trustee, the representative, or a successor of either, whether or not the beneficiary or estate is also named;

�� (B) A person described as an agent or similar representative of a named or identified person, the instrument is payable to the represented person, the representative, or a successor of the representative;

�� (C) A fund or organization that is not a legal entity, the instrument is payable to a representative of the members of the fund or organization; or

�� (D) An office or to a person described as holding an office, the instrument is payable to the named person, the incumbent of the office, or a successor to the incumbent.

�� (4) If an instrument is payable to two or more persons alternatively, it is payable to any of them and may be negotiated, discharged or enforced by any or all of them in possession of the instrument. If an instrument is payable to two or more persons not alternatively, it is payable to all of them and may be negotiated, discharged or enforced only by all of them. If an instrument payable to two or more persons is ambiguous as to whether it is payable to the persons alternatively, the instrument is payable to the persons alternatively. [1993 c.545 �13]

�� 73.0111 Place of payment. Except as otherwise provided for items in ORS chapter 74, an instrument is payable at the place of payment stated in the instrument. If no place of payment is stated, an instrument is payable at the address of the drawee or maker stated in the instrument. If no address is stated, the place of payment is the place of business of the drawee or maker. If a drawee or maker has more than one place of business, the place of payment is any place of business of the drawee or maker chosen by the person entitled to enforce the instrument. If the drawee or maker has no place of business, the place of payment is the residence of the drawee or maker. [1993 c.545 �14]

�� 73.0112 Interest. (1) Unless otherwise provided in the instrument:

�� (a) An instrument is not payable with interest; and

�� (b) Interest on an interest-bearing instrument is payable from the date of the instrument.

�� (2) Interest may be stated in an instrument as a fixed or variable amount of money or it may be expressed as a fixed or variable rate or rates. The amount or rate of interest may be stated or described in the instrument in any manner and may require reference to information not contained in the instrument. If an instrument provides for interest, but the amount of interest payable cannot be ascertained from the description, interest is payable at the judgment rate in effect at the place of payment of the instrument and at the time interest first accrues.

�� (3) Nothing in subsection (1)(a) of this section shall affect any right of a holder of a check, draft or order that has been dishonored by nonacceptance or nonpayment or on which the maker or drawer has stopped payment without good cause:

�� (a) To collect interest on the debt or obligation for which the check, draft or order was given, pursuant to ORS 82.010; or

�� (b) To exercise the remedies provided in ORS 30.701. [1993 c.545 �15; 1999 c.707 �2]

�� 73.0113 Date of instrument. (1) An instrument may be antedated or postdated. The date stated determines the time of payment if the instrument is payable at a fixed period after the date. Except as provided in ORS 74.4010 (3), an instrument payable on demand is not payable before the date of the instrument.

�� (2) If an instrument is undated, its date is the date of its issue or, in the case of an unissued instrument, the date it first comes into possession of a holder. [1993 c.545 �16]

�� 73.0114 Contradictory terms of instrument. If an instrument contains contradictory terms, typewritten terms prevail over printed terms, handwritten terms prevail over both, and words prevail over numbers. [1993 c.545 �17]

�� 73.0115 Incomplete instrument. (1) �Incomplete instrument� means a signed writing, whether or not issued by the signer, the contents of which show at the time of signing that it is incomplete but that the signer intended it to be completed by the addition of words or numbers.

�� (2) Subject to subsection (3) of this section, if the incomplete instrument is an instrument under ORS 73.0104, it may be enforced according to its terms if it is not completed, or according to its terms as augmented by completion. If an incomplete instrument is not an instrument under ORS 73.0104, but, after completion, the requirements of ORS 73.0104 are met, the instrument may be enforced according to its terms as augmented by completion.

�� (3) If words or numbers are added to an incomplete instrument without authority of the signer, there is an alteration of the incomplete instrument under ORS 73.0407.

�� (4) The burden of establishing that words or numbers were added to an incomplete instrument without authority of the signer is on the person asserting the lack of authority. [1993 c.545 �18]

�� 73.0116 Joint and several liability; contribution. (1) Except as otherwise provided in the instrument, two or more persons who have the same liability on an instrument as makers, drawers, acceptors, indorsers who indorse as joint payees, or anomalous indorsers are jointly and severally liable in the capacity in which they sign.

�� (2) Except as provided in ORS 73.0419 (5) or by agreement of the affected parties, a party having joint and several liability who pays the instrument is entitled to receive, from any party having the same joint and several liability, contribution in accordance with applicable law.

�� (3) Discharge of one party having joint and several liability by a person entitled to enforce the instrument does not affect the right under subsection (2) of this section of a party having the same joint and several liability to receive contribution from the party discharged. [1993 c.545 �19]

�� 73.0117 Other agreements affecting instrument. Subject to applicable law regarding exclusion of proof of contemporaneous or previous agreements, the obligation of a party to an instrument to pay the instrument may be modified, supplemented or nullified by a separate agreement of the obligor and a person entitled to enforce the instrument, if the instrument is issued or the obligation is incurred in reliance on the agreement or as part of the same transaction giving rise to the agreement. To the extent an obligation is modified, supplemented or nullified by an agreement under this section, the agreement is a defense to the obligation. [1993 c.545 �20]

�� 73.0118 Statute of limitations. (1) Except as provided in subsection (5) of this section, an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within six years after the due date or dates stated in the note or, if a due date is accelerated, within six years after the accelerated due date.

�� (2) Except as provided in subsection (4) or (5) of this section, if demand for payment is made to the maker of a note payable on demand, an action to enforce the obligation of a party to pay the note must be commenced within six years after the demand. If no demand for payment is made to the maker, an action to enforce the note is barred if neither principal nor interest on the note has been paid for a continuous period of 10 years.

�� (3) Except as provided in subsection (4) of this section, an action to enforce the obligation of a party to an unaccepted draft to pay the draft must be commenced within six years after dishonor of the draft or 10 years after the date of the draft, whichever period expires first.

�� (4) An action to enforce the obligation of the acceptor of a certified check or the issuer of a teller�s check, cashier�s check or traveler�s check must be commenced within six years after the demand for payment is made to the acceptor or issuer.

�� (5) An action to enforce the obligation of a party to a certificate of deposit to pay the instrument must be commenced within six years after demand for payment is made to the maker, but if the instrument states a due date, the six-year period begins when a demand for payment is in effect and the due date has passed.

�� (6) An action to enforce the obligation of a party to pay an accepted draft, other than a certified check, must be commenced:

�� (a) Within six years after the due date or dates stated in the draft or acceptance if the obligation of the acceptor is payable at a definite time; or

�� (b) Within six years after the date of the acceptance if the obligation of the acceptor is payable on demand.

�� (7) Unless governed by other law regarding claims for indemnity or contribution, an action for any of the following must be commenced within six years after the claim for relief accrues:

�� (a) Conversion of an instrument, for money had and received, or like action based on conversion;

�� (b) Breach of warranty; or

�� (c) Enforcement of an obligation, duty or right arising under this chapter and not governed by this section.

�� (8) The circumstances under which the running of a limitation period may be tolled shall be determined by other law. [1993 c.545 �21]

�� 73.0119 Notice of right to defend action. In an action for breach of an obligation over which a third person is answerable pursuant to this chapter or ORS chapter 74, the defendant may give the third person written notice of the litigation, and the person notified may then give similar notice to any other person who is answerable. If the notice states that the person notified may come in and defend and that failure to do so will bind the person notified in an action later brought by the person giving notice as to any determination of fact common to the two litigations, the person notified is so bound unless after seasonable receipt of the notice the person notified does come in and defend. [1993 c.545 �22]

NEGOTIATION, TRANSFER AND INDORSEMENT

�� 73.0201 Negotiation. (1) �Negotiation� means a transfer of possession, whether voluntary or involuntary, of an instrument by a person other than the issuer to a person who thereby becomes its holder.

�� (2) Except for negotiation by a remitter, if an instrument is payable to an identified person, negotiation requires transfer of possession of the instrument and its indorsement by the holder. If an instrument is payable to bearer, it may be negotiated by transfer of possession alone. [1993 c.545 �23]

�� 73.0202 Negotiation subject to rescission. (1) Negotiation is effective even if obtained:

�� (a) From an infant, a corporation exceeding its powers or a person without capacity;

�� (b) By fraud, duress or mistake; or

�� (c) In breach of duty or as part of an illegal transaction.

�� (2) To the extent permitted by other law, negotiation may be rescinded or may be subject to other remedies, but those remedies may not be asserted against a subsequent holder in due course or a person paying the instrument in good faith and without knowledge of facts that are a basis for rescission or other remedy. [1993 c.545 �24]

�� 73.0203 Transfer of instrument; rights acquired by transfer. (1) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument.

�� (2) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee cannot acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee has engaged in fraud or illegality affecting the instrument.

�� (3) Unless otherwise agreed, if an instrument is transferred for value and the transferee does not become a holder because of lack of indorsement by the transferor, the transferee has a specifically enforceable right to the unqualified indorsement of the transferor, but negotiation of the instrument does not occur until the indorsement is made.

�� (4) If a transferor purports to transfer less than the entire instrument, negotiation of the instrument does not occur. The transferee obtains no rights under this chapter and has only the rights of a partial assignee. [1993 c.545 �25]

�� 73.0204 Indorsement. (1) �Indorsement� means a signature, other than that of a signer as maker, drawer or acceptor, that alone or accompanied by other words is made on an instrument for the purpose of negotiating the instrument, restricting payment of the instrument or incurring indorser�s liability on the instrument. Regardless of the intent of the signer, a signature and its accompanying words is an indorsement unless the accompanying words, terms of the instrument, place of the signature or other circumstances unambiguously indicate that the signature was made for a purpose other than indorsement. For the purpose of determining whether a signature is made on an instrument, a paper affixed to the instrument is a part of the instrument.

�� (2) �Indorser� means a person who makes an indorsement.

�� (3) For the purpose of determining whether the transferee of an instrument is a holder, an indorsement that transfers a security interest in the instrument is effective as an unqualified indorsement of the instrument.

�� (4) If an instrument is payable to a holder under a name that is not the name of the holder, indorsement may be made by the holder in the name stated in the instrument or in the holder�s name or both, but signature in both names may be required by a person paying or taking the instrument for value or collection. [1993 c.545 �26]

�� 73.0205 Special indorsement; blank indorsement; anomalous indorsement. (1) If an indorsement is made by the holder of an instrument, whether payable to an identified person or payable to bearer, and the indorsement identifies a person to whom it makes the instrument payable, it is a �special indorsement.� When specially indorsed, an instrument becomes payable to the identified person and may be negotiated only by the indorsement of that person. The principles stated in ORS 73.0110 apply to special indorsements.

�� (2) If an indorsement is made by the holder of an instrument and it is not a special indorsement, it is a �blank indorsement.� When indorsed in blank, an instrument becomes payable to bearer and may be negotiated by transfer of possession alone until specially indorsed.

�� (3) The holder may convert a blank indorsement that consists only of a signature into a special indorsement by writing, above the signature of the indorser, words identifying the person to whom the instrument is made payable.

�� (4) �Anomalous indorsement� means an indorsement made by a person who is not the holder of the instrument. An anomalous indorsement does not affect the manner in which the instrument may be negotiated. [1993 c.545 �27]

�� 73.0206 Restrictive indorsement. (1) An indorsement limiting payment to a particular person or otherwise prohibiting further transfer or negotiation of the instrument is not effective to prevent further transfer or negotiation of the instrument.

�� (2) An indorsement stating a condition to the right of the indorsee to receive payment does not affect the right of the indorsee to enforce the instrument. A person paying the instrument or taking it for value or collection may disregard the condition, and the rights and liabilities of that person are not affected by whether the condition has been fulfilled.

�� (3) If an instrument bears an indorsement described in ORS 74.2010 (2), or in blank or to a particular bank using the words �for deposit,� �for collection� or other words indicating a purpose of having the instrument collected by a bank for the indorser or for a particular account, the following rules apply:

�� (a) A person, other than a bank, who purchases the instrument when so indorsed converts the instrument unless the amount paid for the instrument is received by the indorser or applied consistently with the indorsement.

�� (b) A depositary bank that purchased the instrument or takes it for collection when so indorsed converts the instrument unless the amount paid by the bank with respect to the instrument is received by the indorser or applied consistently with the indorsement.

�� (c) A payor bank that is also the depositary bank or that takes the instrument for immediate payment over the counter from a person other than a collecting bank converts the instrument unless the proceeds of the instrument are received by the indorser or applied consistently with the indorsement.

�� (d) Except as otherwise provided in paragraph (c) of this subsection, a payor bank or intermediary bank may disregard the indorsement and is not liable if the proceeds of the instrument are not received by the indorser or applied consistently with the indorsement.

�� (4) Except for an indorsement covered by subsection (3) of this section, if an instrument bears an indorsement using words to the effect that payment is to be made to the indorsee as agent, trustee or other fiduciary for the benefit of the indorser or another person, the following rules apply:

�� (a) Unless there is notice of breach of fiduciary duty as provided in ORS 73.0307, a person who purchases the instrument from the indorsee or takes the instrument from the indorsee for collection or payment may pay the proceeds of payment or the value given for the instrument to the indorsee without regard to whether the indorsee violates a fiduciary duty to the indorser.

�� (b) A subsequent transferee of the instrument or person who pays the instrument is neither given notice nor otherwise affected by the restriction in the indorsement unless the transferee or payor knows that the fiduciary dealt with the instrument or its proceeds in breach of fiduciary duty.

�� (5) The presence on an instrument of an indorsement to which this section applies does not prevent a purchaser of the instrument from becoming a holder in due course of the instrument unless the purchaser is a converter under subsection (3) of this section or has notice or knowledge of breach of fiduciary duty as stated in subsection (4) of this section.

�� (6) In an action to enforce the obligation of a party to pay the instrument, the obligor has a defense if payment would violate an indorsement to which this section applies and the payment is not permitted by this section. [1993 c.545 �28]

�� 73.0207 Reacquisition. Reacquisition of an instrument occurs if it is transferred to a former holder, by negotiation or otherwise. A former holder who reacquires the instrument may cancel indorsements made after the reacquirer first became a holder of the instrument. If the cancellation causes the instrument to be payable to the reacquirer or to bearer, the reacquirer may negotiate the instrument. An indorser whose indorsement is canceled is discharged, and the discharge is effective against any subsequent holder. [1993 c.545 �29]

ENFORCEMENT OF INSTRUMENTS

�� 73.0301 Person entitled to enforce instrument. �Person entitled to enforce� an instrument means the holder of the instrument, a nonholder in possession of the instrument who has the rights of a holder, or a person not in possession of the instrument who is entitled to enforce the instrument pursuant to ORS 73.0309 or 73.0418 (4). A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument. [1993 c.545 �30]

�� 73.0302 Holder in due course. (1) Subject to ORS 73.0106 (3) and (4), �holder in due course� means the holder of an instrument if:

�� (a) The instrument when issued or negotiated to the holder does not bear such apparent evidence of forgery or alteration or is not otherwise so irregular or incomplete as to call into question its authenticity; and

�� (b) The holder took the instrument:

�� (A) For value;

�� (B) In good faith;

�� (C) Without notice that the instrument is overdue or has been dishonored or that there is an uncured default with respect to payment of another instrument issued as part of the same series;

�� (D) Without notice that the instrument contains an unauthorized signature or has been altered;

�� (E) Without notice of any claim to the instrument described in ORS 73.0306; and

�� (F) Without notice that any party has a defense or claim in recoupment described in ORS

ORS 73.0303

73.0303 (1)(a), the promise of performance that is the consideration for an instrument has been partially performed, the holder may assert rights as a holder in due course of the instrument only to the fraction of the amount payable under the instrument equal to the value of the partial performance divided by the value of the promised performance.

�� (5) If the person entitled to enforce an instrument has only a security interest in the instrument and the person obliged to pay the instrument has a defense, claim in recoupment or claim to the instrument that may be asserted against the person who granted the security interest, the person entitled to enforce the instrument may assert rights as a holder in due course only to an amount payable under the instrument which, at the time of enforcement of the instrument, does not exceed the amount of the unpaid obligation secured.

�� (6) To be effective, notice must be received at a time and in a manner that gives a reasonable opportunity to act on it.

�� (7) This section is subject to any law limiting status as a holder in due course in particular classes of transactions. [1993 c.545 �31]

�� 73.0303 Value and consideration. (1) An instrument is issued or transferred for value if:

�� (a) The instrument is issued or transferred for a promise of performance, to the extent the promise has been performed;

�� (b) The transferee acquires a security interest or other lien in the instrument other than a lien obtained by judicial proceeding;

�� (c) The instrument is issued or transferred as payment of, or as security for, an antecedent claim against any person, whether or not the claim is due;

�� (d) The instrument is issued or transferred in exchange for a negotiable instrument; or

�� (e) The instrument is issued or transferred in exchange for the incurring of an irrevocable obligation to a third party by the person taking the instrument.

�� (2) �Consideration� means any consideration sufficient to support a simple contract. The drawer or maker of an instrument has a defense if the instrument is issued without consideration. If an instrument is issued for a promise of performance, the issuer has a defense to the extent performance of the promise is due and the promise has not been performed. If an instrument is issued for value as stated in subsection (1) of this section, the instrument is also issued for consideration. [1993 c.545 �32]

�� 73.0304 Overdue instrument. (1) An instrument payable on demand becomes overdue at the earliest of the following times:

�� (a) On the day after the day demand for payment is duly made;

�� (b) If the instrument is a check, 90 days after its date; or

�� (c) If the instrument is not a check, when the instrument has been outstanding for a period of time after its date which is unreasonably long under the circumstances of the particular case in light of the nature of the instrument and usage of the trade.

�� (2) With respect to an instrument payable at a definite time, the following rules apply:

�� (a) If the principal is payable in installments and a due date has not been accelerated, the instrument becomes overdue upon default under the instrument for nonpayment of an installment, and the instrument remains overdue until the default is cured.

�� (b) If the principal is not payable in installments and the due date has not been accelerated, the instrument becomes overdue on the day after the due date.

�� (c) If a due date with respect to principal has been accelerated, the instrument becomes overdue on the day after the accelerated due date.

�� (3) Unless the due date of principal has been accelerated, an instrument does not become overdue if there is default in payment of interest but no default in payment of principal. [1993 c.545 �33]

�� 73.0305 Defenses and claims in recoupment. (1) Except as stated in subsection (2) of this section, the right to enforce the obligation of a party to pay an instrument is subject to the following:

�� (a) A defense of the obligor based on:

�� (A) Infancy of the obligor to the extent it is a defense to a simple contract;

�� (B) Duress, lack of legal capacity or illegality of the transaction which, under other law, nullifies the obligation of the obligor;

�� (C) Fraud that induced the obligor to sign the instrument with neither knowledge nor reasonable opportunity to learn of its character or its essential terms; or

�� (D) Discharge of the obligor in insolvency proceedings;

�� (b) A defense of the obligor stated in another section of this chapter or a defense of the obligor that would be available if the person entitled to enforce the instrument were enforcing a right to payment under a simple contract; and

�� (c) A claim in recoupment of the obligor against the original payee of the instrument if the claim arose from the transaction that gave rise to the instrument, but the claim of the obligor may be asserted against a transferee of the instrument only to reduce the amount owing on the instrument at the time the action is brought.

�� (2) The right of a holder in due course to enforce the obligation of a party to pay the instrument is subject to defenses of the obligor stated in subsection (1)(a) of this section, but is not subject to defenses of the obligor stated in subsection (1)(b) of this section or claims in recoupment stated in subsection (1)(c) of this section against a person other than the holder.

�� (3) Except as stated in subsection (4) of this section, in an action to enforce the obligation of a party to pay the instrument, the obligor may not assert against the person entitled to enforce the instrument a defense, claim in recoupment or claim to the instrument of another person, but the other person�s claim to the instrument may be asserted by the obligor if the other person is joined in the action and personally asserts the claim against the person entitled to enforce the instrument. An obligor is not obliged to pay the instrument if the person seeking enforcement of the instrument does not have rights of a holder in due course and the obligor proves that the instrument is a lost or stolen instrument.

�� (4) In an action to enforce the obligation of an accommodation party or pay an instrument, the accommodation party may assert against the person entitled to enforce the instrument any defense or claim in recoupment under subsection (1) of this section that the accommodated party could assert against the person entitled to enforce the instrument, except the defenses of discharge in insolvency proceedings, infancy and lack of legal capacity. [1993 c.545 �34]

�� 73.0306 Claims to an instrument. A person taking an instrument, other than a person having rights of a holder in due course, is subject to a claim of a property or possessory right in the instrument or its proceeds, including a claim to rescind a negotiation and to recover the instrument or its proceeds. A person having rights of a holder in due course takes free of the claim to the instrument. [1993 c.545 �35]

�� 73.0307 Notice of breach of fiduciary duty. (1) In this section:

�� (a) �Fiduciary� means an agent, trustee, partner, corporate officer, director or other representative owing a fiduciary duty with respect to an instrument.

�� (b) �Represented person� means the principal, beneficiary, partnership, corporation or other person to whom the duty stated in paragraph (a) of this subsection is owed.

�� (2) If an instrument is taken from a fiduciary for payment or collection or for value, the taker has knowledge of the fiduciary status of the fiduciary, and the represented person makes a claim to the instrument or its proceeds on the basis that the transaction of the fiduciary is a breach of fiduciary duty, the following rules apply:

�� (a) Notice of breach of fiduciary duty by the fiduciary is notice of the claim of the represented person.

�� (b) In the case of an instrument payable to the represented person or the fiduciary as such, the taker has notice of the breach of fiduciary duty if the instrument is:

�� (A) Taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary;

�� (B) Taken in a transaction known by the taker to be for the personal benefit of the fiduciary; or

�� (C) Deposited to an account other than an account of the fiduciary, as such, or an account of the represented person.

�� (c) If an instrument is issued by the represented person or the fiduciary as such, and made payable to the fiduciary personally, the taker does not have notice of the breach of fiduciary duty unless the taker knows of the breach of fiduciary duty.

�� (d) If an instrument is issued by the represented person or the fiduciary as such, to the taker as payee, the taker has notice of the breach of fiduciary duty if the instrument is:

�� (A) Taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary;

�� (B) Taken in a transaction known by the taker to be for the personal benefit of the fiduciary; or

�� (C) Deposited to an account other than an account of the fiduciary, as such, or an account of the represented person. [1993 c.545 �36]

�� 73.0308 Proof of signatures and status as holder in due course. (1) In an action with respect to an instrument, the authenticity of, and authority to make, each signature on the instrument is admitted unless specifically denied in the pleadings. If the validity of a signature is denied in the pleadings, the burden of establishing validity is on the person claiming validity, but the signature is presumed to be authentic and authorized unless the action is to enforce the liability of the purported signer and the signer is dead or incompetent at the time of trial of the issue of validity of the signature. If an action to enforce the instrument is brought against a person as the undisclosed principal of a person who signed the instrument as a party to the instrument, the plaintiff has the burden of establishing that the defendant is liable on the instrument as a represented person under ORS 73.0402 (1).

�� (2) If the validity of signatures is admitted or proved and there is compliance with subsection (1) of this section, a plaintiff producing the instrument is entitled to payment if the plaintiff proves entitlement to enforce the instrument under ORS 73.0301, unless the defendant proves a defense or claim in recoupment. If a defense or claim in recoupment is proved, the right to payment of the plaintiff is subject to the defense or claim, except to the extent the plaintiff proves that the plaintiff has rights of a holder in due course that are not subject to the defense or claim. [1993 c.545 �37]

�� 73.0309 Enforcement of lost, destroyed or stolen instrument. (1) A person not in possession of an instrument is entitled to enforce the instrument if:

�� (a) The person was in possession of the instrument and entitled to enforce it when loss of possession occurred;

�� (b) The loss of possession was not the result of a transfer by the person or a lawful seizure; and

�� (c) The person cannot reasonably obtain possession of the instrument because the instrument was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process.

�� (2) A person seeking enforcement of an instrument under subsection (1) of this section must prove the terms of the instrument and the person�s right to enforce the instrument. If that proof is made, ORS 73.0205 applies to the case as if the person seeking enforcement had produced the instrument. The court may not enter judgment in favor of the person seeking enforcement unless it finds that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument. Adequate protection may be provided by any reasonable means. [1993 c.545 �38]

�� 73.0310 Effect of instrument on obligation for which taken. (1) Unless otherwise agreed, if a certified check, cashier�s check or teller�s check is taken for an obligation, the obligation is discharged to the same extent discharge would result if an amount of money equal to the amount of the instrument were taken in payment of the obligation. Discharge of the obligation does not affect any liability that the obligor may have as an indorser of the instrument.

�� (2) Unless otherwise agreed and except as provided in subsection (1) of this section, if a note or an uncertified check is taken for an obligation, the obligation is suspended to the same extent the obligation would be discharged if an amount of money equal to the amount of the instrument were taken, and the following rules apply:

�� (a) In the case of an uncertified check, suspension of the obligation continues until dishonor of the check or until it is paid or certified. Payment or certification of the check results in discharge of the obligation to the extent of the amount of the check.

�� (b) In the case of a note, suspension of the obligation continues until dishonor of the note or until it is paid. Payment of the note results in discharge of the obligation to the extent of the payment.

�� (c) Except as provided in paragraph (d) of this subsection, if the check or note is dishonored and the obligee of the obligation for which the instrument was taken is the person entitled to enforce the instrument, the obligee may enforce either the instrument or the obligation. In the case of an instrument of a third person that is negotiated to the obligee by the obligor, discharge of the obligor on the instrument also discharges the obligation.

�� (d) If the person entitled to enforce the instrument taken for an obligation is a person other than the obligee, the obligee may not enforce the obligation to the extent the obligation is suspended. If the obligee is the person entitled to enforce the instrument but no longer has possession of it because it was lost, stolen or destroyed, the obligation may not be enforced to the extent of the amount payable on the instrument, and to that extent the obligee�s rights against the obligor are limited to enforcement of the instrument.

�� (3) If an instrument other than one described in subsection (1) or (2) of this section is taken for an obligation, the effect is:

�� (a) That stated in subsection (1) of this section, if the instrument is one on which a bank is liable as maker or acceptor; or

�� (b) That stated in subsection (2) of this section in any other case. [1993 c.545 �39]

�� 73.0311 Accord and satisfaction. The negotiation of an instrument marked �paid in full,� �payment in full,� �full payment of a claim� or words of similar meaning, or the negotiation of an instrument accompanied by a statement containing such words or words of similar meaning, does not establish an accord and satisfaction that binds the payee or prevents the collection of any remaining amount owed upon the underlying obligation unless the payee personally, or by an officer or employee with actual authority to settle claims, agrees in writing to accept the amount stated in the instrument as full payment of the obligation. [1993 c.545 �40; 1997 c.437 �1]

�� 73.0312 Lost, destroyed or stolen cashier�s check, teller�s check or certified check. (1) In this section:

�� (a) �Check� means a cashier�s check, teller�s check or certified check.

�� (b) �Claimant� means a person who claims the right to receive the amount of a cashier�s check, teller�s check or certified check that was lost, destroyed or stolen.

�� (c) �Declaration of loss� means a written statement, made under penalty of perjury, to the effect that:

�� (A) The declarer lost possession of a check;

�� (B) The declarer is the drawer or payee of the check, in the case of a certified check, or the remitter or payee of the check, in the case of a cashier�s check or teller�s check;

�� (C) The loss of possession was not the result of a transfer by the declarer or a lawful seizure; and

�� (D) The declarer cannot reasonably obtain possession of the check because the check was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process.

�� (d) �Obligated bank� means the issuer of a cashier�s check or teller�s check or the acceptor of a certified check.

�� (2) A claimant may assert a claim to the amount of a check by a communication to the obligated bank describing the check with reasonable certainty and requesting payment of the amount of the check, if:

�� (a) The claimant is the drawer or payee of a certified check or the remitter or payee of a cashier�s check or teller�s check;

�� (b) The communication contains or is accompanied by a declaration of loss of the claimant with respect to the check;

�� (c) The communication is received at a time and in a manner affording the bank a reasonable time to act on it before the check is paid; and

�� (d) The claimant provides reasonable identification if requested by the obligated bank.

�� (3) Delivery of a declaration of loss is a warranty of the truth of the statement made in the declaration. If a claim is asserted in compliance with subsection (2) of this section, the following rules apply:

�� (a) The claim becomes enforceable at the later of:

�� (A) The time the claim is asserted; or

�� (B) The 90th day following the date of the check, in the case of a cashier�s check or teller�s check, or the 90th day following the date of the acceptance, in the case of a certified check.

�� (b) Until the claim becomes enforceable, it has no legal effect and the obligated bank may pay the check or, in the case of a teller�s check, may permit the drawee to pay the check. Payment to a person entitled to enforce the check discharges all liability of the obligated bank with respect to the check.

�� (c) If the claim becomes enforceable before the check is presented for payment, the obligated bank is not obliged to pay the check.

�� (d) When the claim becomes enforceable, the obligated bank becomes obliged to pay the amount of the check to the claimant if payment of the check has not been made to a person entitled to enforce the check. Subject to ORS 74.3020 (1)(a), payment to the claimant discharges all liability of the obligated bank with respect to the check.

�� (4) If the obligated bank pays the amount of a check to a claimant under subsection (2)(d) of this section, and the check is presented for payment by a person having rights of a holder in due course, the claimant is obliged to:

�� (a) Refund the payment to the obligated bank if the check is paid; or

�� (b) Pay the amount of the check to the person having rights of a holder in due course if the check is dishonored.

�� (5) If a claimant has the right to assert a claim under subsection (2) of this section and is also a person entitled to enforce a cashier�s check, teller�s check or certified check that is lost, destroyed or stolen, the claimant may assert rights with respect to the check either under this section or ORS 73.0309. [1993 c.545 �41]

LIABILITY OF PARTIES

�� 73.0401 Signature necessary for liability on instrument. A person is not liable on an instrument unless:

�� (1) The person signed the instrument; or

�� (2) The person is represented by an agent or representative who signed the instrument and the signature is binding on the represented person under ORS 73.0402. [1993 c.545 �42; 2025 c.33 �24]

�� 73.0402 Signature by representative. (1) If a person acting, or purporting to act, as a representative signs an instrument by signing either the name of the represented person or the name of the signer, the represented person is bound by the signature to the same extent the represented person would be bound if the signature were on a simple contract. If the represented person is bound, the signature of the representative is the �authorized signature of the represented person� and the represented person is liable on the instrument, whether or not identified in the instrument.

�� (2) If a representative signs the name of the representative to an instrument and the signature is an authorized signature of the represented person, the following rules apply:

�� (a) If the form of the signature shows unambiguously that the signature is made on behalf of the represented person who is identified in the instrument, the representative is not liable on the instrument.

�� (b) Subject to subsection (3) of this section, if the form of the signature does not show unambiguously that the signature is made in a representative capacity or the represented person is not identified in the instrument, the representative is liable on the instrument to a holder in due course that took the instrument without notice that the representative was not intended to be liable on the instrument. With respect to any other person, the representative is liable on the instrument unless the representative proves that the original parties did not intend the representative to be liable on the instrument.

�� (3) If a representative signs the name of the representative as drawer of a check without indication of the representative status and the check is payable from an account of the represented person who is identified on the check, the signer is not liable on the check if the signature is an authorized signature of the represented person. [1993 c.545 �43]

�� 73.0403 Unauthorized signature. (1) Unless otherwise provided in this chapter or ORS chapter 74, an unauthorized signature is ineffective except as the signature of the unauthorized signer in favor of a person who, in good faith, pays the instrument or takes it for value or for collection. An unauthorized signature may be ratified for all purposes of this chapter.

�� (2) If the signature of more than one person is required to constitute the authorized signature of an organization, the signature of the organization is unauthorized if one of the required signatures is lacking.

�� (3) The civil or criminal liability of a person who makes an unauthorized signature is not affected by any provision of this chapter that makes the unauthorized signature effective for the purposes of this chapter. [1993 c.545 �44]

�� 73.0404 Impostors; fictitious payees. (1) If an impostor, by use of the mails or otherwise, induces the issuer of an instrument to issue the instrument to the impostor, or to a person acting in concert with the impostor, by impersonating the payee of the instrument or a person authorized to act for the payee, an indorsement of the instrument by any person in the name of the payee is effective as the indorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection.

�� (2) If a person whose intent determines to whom an instrument is payable under ORS 73.0110 (1) or (2) does not intend the person identified as payee to have any interest in the instrument or the person identified as payee of an instrument is a fictitious person, the following rules apply until the instrument is negotiated by special indorsement:

�� (a) Any person in possession of the instrument is its holder.

�� (b) An indorsement by any person in the name of the payee stated in the instrument is effective as the indorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection.

�� (3) Under subsection (1) or (2) of this section, an indorsement is made in the name of a payee if:

�� (a) It is made in a name substantially similar to that of the payee; or

�� (b) The instrument, whether or not indorsed, is deposited in a depositary bank to an account in a name substantially similar to that of the payee.

�� (4) With respect to an instrument to which subsection (1) or (2) of this section applies, if a person paying the instrument or taking it for value or for collection fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss resulting from payment of the instrument, the person bearing the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary care contributed to the loss. [1993 c.545 �45]

�� 73.0405 Employer�s responsibility for fraudulent indorsement by employee. (1) In this section:

�� (a) �Employee� includes an independent contractor and employee of an independent contractor retained by the employer.

�� (b) �Fraudulent indorsement� means:

�� (A) In the case of an instrument payable to the employer, a forged indorsement purporting to be that of the employer; or

�� (B) In the case of an instrument with respect to which the employer is the issuer, a forged indorsement purporting to be that of the person identified as payee.

�� (c) �Responsibility� with respect to instruments means authority to sign or indorse instruments on behalf of the employer, to process instruments received by the employer for bookkeeping purposes, for deposit to an account, or for other disposition, to prepare or process instruments for issue in the name of the employer, to supply information determining the names or addresses of payees of instruments to be issued in the name of the employer, to control the disposition of instruments to be issued in the name of the employer, or to act otherwise with respect to instruments in a responsible capacity. �Responsibility� does not include authority that merely allows an employee to have access to instruments or blank or incomplete instrument forms that are being stored or transported or are part of incoming or outgoing mail, or similar access.

�� (2) For the purpose of determining the rights and liabilities of a person who, in good faith, pays an instrument or takes it for value or for collection, if an employer entrusted an employee with responsibility with respect to the instrument and the employee or a person acting in concert with the employee makes a fraudulent indorsement of the instrument, the indorsement is effective as the indorsement of the person to whom the instrument is payable if it is made in the name of that person. If the person paying the instrument or taking it for value or for collection fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss resulting from the fraud, the person bearing the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary care contributed to the loss.

�� (3) Under subsection (1) of this section, an indorsement is made in the name of the person to whom an instrument is payable if:

�� (a) It is made in a name substantially similar to the name of that person; or

�� (b) The instrument, whether or not indorsed, is deposited in a depositary bank to an account in a name substantially similar to the name of that person. [1993 c.545 �46]

�� 73.0406 Negligence contributing to forged signature or alteration of instrument. (1) A person whose failure to exercise ordinary care substantially contributes to an alteration of an instrument or to the making of a forged signature on an instrument is precluded from asserting the alteration or the forgery against a person who, in good faith, pays the instrument or takes it for value or for collection.

�� (2) Under subsection (1) of this section, if the person asserting the preclusion fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss, the loss is allocated between the person precluded and the person asserting the preclusion according to the extent to which the failure of each to exercise ordinary care contributed to the loss.

�� (3) Under subsection (1) of this section, the burden of proving failure to exercise ordinary care is on the person asserting the preclusion. Under subsection (2) of this section, the burden of proving failure to exercise ordinary care is on the person precluded. [1993 c.545 �47]

�� 73.0407 Alteration. (1) �Alteration� means:

�� (a) An unauthorized change in an instrument that purports to modify in any respect the obligation of a party; or

�� (b) An unauthorized addition of words or numbers or other change to an incomplete instrument relating to the obligation of a party.

�� (2) Except as provided in subsection (3) of this section, an alteration fraudulently made discharges a party whose obligation is affected by the alteration unless that party assents or is precluded from asserting the alteration. No other alteration discharges a party, and the instrument may be enforced according to its original terms.

�� (3) A payor bank or drawee paying a fraudulently altered instrument or a person taking it for value or for collection, in good faith and without notice of the alteration, may enforce rights with respect to the instrument:

�� (a) According to its original terms; or

�� (b) In the case of an incomplete instrument altered by unauthorized completion, according to its terms as completed. [1993 c.545 �48]

�� 73.0408 Drawee not liable on unaccepted draft. A check or other draft does not of itself operate as an assignment of funds in the hands of the drawee available for its payment, and the drawee is not liable on the instrument until the drawee accepts it. [1993 c.545 �49]

�� 73.0409 Acceptance of draft; certified check. (1) �Acceptance� means the drawee�s signed agreement to pay a draft as presented. It must be written on the draft and may consist of the drawee�s signature alone. Acceptance may be made at any time and becomes effective when notification pursuant to instructions is given or the accepted draft is delivered for the purpose of giving rights on the acceptance to any person.

�� (2) A draft may be accepted although it has not been signed by the drawer, is otherwise incomplete or has been dishonored.

�� (3) If a draft is payable at a fixed period after sight and the acceptor fails to date the acceptance, the holder may complete the acceptance by supplying a date in good faith.

�� (4) �Certified check� means a check accepted by the bank on which it is drawn. Acceptance may be made as stated in subsection (1) of this section or by a writing on the check that indicates that the check is certified. The drawee of a check has no obligation to certify the check and refusal to certify is not dishonor of the check. [1993 c.545 �50]

�� 73.0410 Acceptance varying draft. (1) If the terms of a drawee�s acceptance vary from the terms of the draft as presented, the holder may refuse the acceptance and treat the draft as dishonored. In that case, the drawee may cancel the acceptance.

�� (2) The terms of a draft are not varied by an acceptance to pay at a particular bank or place in the United States, unless the acceptance states that the draft is to be paid only at that bank or place.

�� (3) If the holder assents to an acceptance varying the terms of a draft, the obligation of each drawer and indorser that does not expressly assent to the acceptance is discharged. [1993 c.545 �51]

�� 73.0411 Refusal to pay cashier�s checks, teller�s checks and certified checks. (1) In this section, �obligated bank� means the acceptor of a certified check or the issuer of a cashier�s check or teller�s check bought from the issuer.

�� (2) If the obligated bank wrongfully refuses to pay a cashier�s check or certified check, stops payment of a teller�s check, or refuses to pay a dishonored teller�s check, the person asserting the right to enforce the check is entitled to compensation for expenses and loss of interest resulting from the nonpayment and may recover consequential damages if the obligated bank refuses to pay after receiving notice of particular circumstances giving rise to the damages.

�� (3) Expenses or consequential damages under subsection (2) of this section are not recoverable if the refusal of the obligated bank to pay occurs because:

�� (a) The bank suspends payments;

�� (b) The obligated bank asserts a claim or defense of the bank that it has reasonable grounds to believe is available against the person entitled to enforce the instrument;

�� (c) The obligated bank has a reasonable doubt whether the person demanding payment is the person entitled to enforce the instrument; or

�� (d) Payment is prohibited by law. [1993 c.545 �52]

�� 73.0412 Obligation of issuer of note or cashier�s check. The issuer of a note or cashier�s check or other draft drawn on the drawer is obliged to pay the instrument according to its terms at the time it was issued or, if not issued, at the time it first came into possession of a holder, or if the issuer signed an incomplete instrument, according to its terms when completed, to the extent stated in ORS 73.0115 and 73.0407. The obligation is owed to a person entitled to enforce the instrument or to an indorser who paid the instrument under ORS

ORS 731.062

731.062]

�� 731.106 �Insurer.� �Insurer� includes every person engaged in the business of entering into policies of insurance. [1967 c.359 �22]

�� 731.110 [Repealed by 1965 c.241 �3]

�� 731.112 �Judgment.� �Judgment� includes a final order. [1967 c.359 �23; 2003 c.576 �553]

�� 731.114 �Limited benefit coverage.� �Limited benefit coverage� means:

�� (1) Health insurance that provides:

�� (a) Coverage for accident only, specific disease or condition only, credit or disability income;

�� (b) Dental only coverage; or

�� (c) Vision only coverage; and

�� (2) Independent, noncoordinated, hospital-only indemnity insurance or other fixed indemnity insurance. [2016 c.11 �2]

�� Note: 731.114 was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 731 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 731.116 �Person.� �Person� means an individual or a business entity. For the purpose of this definition, �business entity� means a corporation, association, partnership, limited liability company, limited liability partnership or other legal entity. [1967 c.359 �24; 1983 c.327 �12; 2001 c.191 �21]

�� 731.120 [Repealed by 1965 c.241 �3]

�� 731.122 �Policy.� �Policy� means the written contract or written agreement for or effecting insurance, by whatever name called, and includes all clauses, riders, indorsements and papers which are a part thereof and annuities. [1967 c.359 �25]

�� 731.126 �Reinsurance.� �Reinsurance� means a contract under which an originating insurer, called the �ceding� insurer, procures insurance for itself in another insurer, called the �assuming� insurer or the �reinsurer,� with respect to part or all of an insurance risk of the originating insurer. [1967 c.359 �26]

�� 731.130 [Repealed by 1965 c.241 �3]

�� 731.132 �Required capitalization.� �Required capitalization� means the minimum combined paid-up capital and surplus required by the Insurance Code of a stock insurer, or the minimum surplus so required of an insurer without capital stock. [1967 c.359 �27]

�� 731.136 �State.� When used in context signifying a jurisdiction other than the State of Oregon, �state� means any state, district, territory, commonwealth or possession of the United States of America. [1967 c.359 �28; 2001 c.191 �22]

�� 731.140 [Repealed by 1965 c.241 �3]

�� 731.142 �Stock,� �mutual� and �reciprocal� insurer. (1) �Stock insurer� means an incorporated insurer whose capital is divided into shares and owned by its stockholders.

�� (2) �Mutual insurer� means an incorporated insurer without capital stock and the governing body of which is elected by its policyholders. This definition does not exclude as a �mutual insurer� a foreign insurer found by the Director of the Department of Consumer and Business Services to be organized on the mutual plan under the laws of its domicile, but having temporary share capital or providing for election of the insurer�s governing body on a reasonable basis by policyholders and others.

�� (3) �Reciprocal insurer� means an unincorporated aggregation of persons known as �subscribers,� operating individually and collectively through an attorney in fact common to all such persons, interexchanging among themselves reciprocal agreements of indemnity. [1967 c.359 �29]

�� 731.144 �Surplus lines insurance.� �Surplus lines insurance� means any insurance on an Oregon home state risk, permitted to be placed through a surplus lines licensee with a nonadmitted insurer eligible to accept such insurance, other than reinsurance, wet marine and transportation insurance, independently procured insurance, life insurance and health insurance and annuities. For purposes of this section, �home state� has the meaning given that term in ORS 735.405. [1987 c.774 �113; 1991 c.810 �24; 2011 c.660 �20]

�� Note: 731.144 was added to and made a part of ORS chapter 731 but was not added to any smaller series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 731.146 �Transact insurance.� (1) �Transact insurance� means one or more of the following acts effected by mail or otherwise:

�� (a) Making or proposing to make an insurance contract.

�� (b) Taking or receiving any application for insurance.

�� (c) Receiving or collecting any premium, commission, membership fee, assessment, due or other consideration for any insurance or any part thereof.

�� (d) Issuing or delivering policies of insurance.

�� (e) Directly or indirectly acting as an insurance producer for, or otherwise representing or aiding on behalf of another, any person in the solicitation, negotiation, procurement or effectuation of insurance or renewals thereof, the dissemination of information as to coverage or rates, the forwarding of applications, the delivering of policies, the inspection of risks, the fixing of rates, the investigation or adjustment of claims or losses, the transaction of matters subsequent to effectuation of the policy and arising out of it, or in any other manner representing or assisting a person with respect to insurance.

�� (f) Advertising locally or circularizing therein without regard for the source of such circularization, whenever such advertising or circularization is for the purpose of solicitation of insurance business.

�� (g) Doing any other kind of business specifically recognized as constituting the doing of an insurance business within the meaning of the Insurance Code.

�� (h) Offering a multistate qualified health plan to individuals or small employers through the program administered by the United States Office of Personnel Management pursuant to 42 U.S.C. 18054.

�� (i) Doing or proposing to do any insurance business in substance equivalent to any of paragraphs (a) to (h) of this subsection in a manner designed to evade the provisions of the Insurance Code.

�� (2) Subsection (1) of this section does not include, apply to or affect the following:

�� (a) Making investments within a state by an insurer not admitted or authorized to do business within such state.

�� (b) Except as provided in ORS 743.015, doing or proposing to do any insurance business arising out of a policy of group life insurance or a policy of blanket health insurance, if the master policy was validly issued to cover a group organized primarily for purposes other than the procurement of insurance and was delivered in and pursuant to the laws of another state in which:

�� (A) The insurer was authorized to do an insurance business;

�� (B) The policyholder is domiciled or otherwise has a bona fide situs; and

�� (C) With respect to a policy of blanket health insurance, the policy was approved by the director of such state.

�� (c) Except as provided in ORS 743.015, doing or proposing to do any insurance business arising out of a policy of group health insurance, if the master policy was validly issued to cover an employer group other than an association, trust or multiple employer welfare arrangement and was delivered in and pursuant to the laws of another state in which:

�� (A) The insurer was authorized to do an insurance business; and

�� (B) The policyholder is domiciled or otherwise has a bona fide situs.

�� (d) Investigating, settling, or litigating claims under policies lawfully written within a state, or liquidating assets and liabilities, all resulting from the insurer�s former authorized operations within such state.

�� (e) Transactions within a state under a policy subsequent to its issuance if the policy was lawfully solicited, written and delivered outside the state and did not cover a subject of insurance resident, located or to be performed in the state when issued.

�� (f) The continuation and servicing of life or health insurance policies remaining in force on residents of a state if the insurer has withdrawn from such state and is not transacting new insurance therein.

�� (3) If mail is used, an act shall be deemed to take place at the point where the matter transmitted by mail is delivered and takes effect. [1967 c.359 �30; 1971 c.231 �10; 1989 c.784 �4; 2003 c.364 �64; 2007 c.752 ��1,6; 2013 c.681 �9; 2015 c.515 �4; 2019 c.285 �3]

CLASSES OF INSURANCE DEFINED

�� 731.150 Definitions of classes of insurance not mutually exclusive. It is intended that certain insurance coverages may come within the definitions of two or more classes of insurance as defined in the Insurance Code, and the inclusion of such coverage within one definition shall not exclude it as to any other class of insurance within the definition of which such coverage is likewise reasonably includable. [1967 c.359 �32]

�� 731.154 �Annuity.� (1) �Annuity� or �annuity policy� means any agreement to make periodic payments, whether fixed or variable in amount, where the making of all or some of such payments, or the amount of any such payment, is dependent upon the continuance of human life, except payments made pursuant to the settlement provisions of a life insurance policy, and includes additional benefits operating to safeguard the policy from lapse or to provide a special surrender value or special benefit or annuity in the event of total and permanent disability of the annuitant.

�� (2) �Annuity� does not include a charitable remainder annuity trust or a charitable remainder unitrust as defined in section 664(d) of the Internal Revenue Code. [1967 c.359 �33; 1993 c.377 �1]

�� 731.156 �Variable life insurance�; �variable annuity.� �Variable life insurance� and �variable annuity� mean forms of life insurance or annuity benefits, respectively, that vary according to the investment experience of a separate account or accounts maintained by the insurer with respect to policies providing such benefits or are securities under the Securities Act of 1933, 15 U.S.C. 77a et seq., as in effect on January 1, 2024, that vary according to the performance of a benchmark index, rate or fund if the principal or minimum rate of interest is not guaranteed and might be subject to a market value adjustment. For convenience, reference to �variable life insurance� in the Insurance Code includes variable life insurance and variable annuities as defined in this section, except if the inclusion of variable annuities obviously is inapplicable or if the context requires, or the Insurance Code provides, otherwise. [1973 c.435 �2; 2023 c.143 �3]

�� 731.158 �Casualty insurance.� �Casualty insurance� means:

�� (1) Insurance against legal, contractual or assumed liability for death, injury or disability of any human, or for damage to property; and provision for medical, hospital, surgical and disability benefits to injured persons including insurance against the risk of economic loss assumed under a less than fully insured employee health benefit plan and funeral and death benefits to dependents, beneficiaries or personal representatives of persons killed, irrespective of legal liability of the insured, when issued as coverage for personal injury protection benefits under a motor vehicle liability policy or as an incidental coverage with or supplemental to liability insurance;

�� (2) Motor vehicle physical damage, burglary and theft, glass, boiler and machinery, credit and livestock insurance;

�� (3) Insurance of the obligations accepted by, imposed upon or assumed by employers under law for death, disablement or occupational diseases of employees;

�� (4) Insurance which undertakes to perform or provide repair or replacement service or indemnification therefor for the operational or structural failure of specified real or personal property or property components; and

�� (5) Insurance against any other kind of loss, damage or liability properly a subject of insurance and not within any other class of insurance otherwise defined, if such insurance is not disapproved by the Director of the Department of Consumer and Business Services as being contrary to law or public policy. [1967 c.359 �34; 1981 c.247 �2; 1993 c.649 �5; 2007 c.241 �22]

�� 731.162 �Health insurance.� �Health insurance� means insurance of humans against bodily injury, disablement or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness or childbirth, or against expense incurred in prevention of sickness, in dental care or optometrical service, and every insurance appertaining thereto, including insurance against the risk of economic loss assumed under a less than fully insured employee health benefit plan. �Health insurance� does not include workers� compensation coverages. [1967 c.359 �35; 1993 c.649 �6]

�� 731.164 �Home protection insurance,� �home protection insurer.� (1)(a) �Home protection insurance� means that part of casualty insurance that includes only insurance which undertakes to perform or provide repair or replacement service or indemnification therefor for the operational or structural failure of the insured home, components of the home or personal property relating to the home or its components, and does not include protection against consequential damage from the operational or structural failure.

�� (b)(A) �Home protection insurance� does not include a home service agreement.

�� (B) As used in this paragraph, �home service agreement� means a contract or agreement for a specific limited duration to:

�� (i) Service, repair or replace in an existing home the mechanical or appliance system or the components that break down due to normal wear and tear or inherent defects; or

�� (ii) Provide incidental service, repair or replacement to cover leaks and failures in roofing systems.

�� (c) As used in this subsection, �home� means a single living unit or multiple living units, including manufactured dwellings, used primarily as residences.

�� (2) �Home protection insurer� means an insurer under policies of home protection insurance, other than an insurer transacting other forms of casualty insurance or any form of reinsurance. [1981 c.247 �4; 2003 c.283 �1]

�� 731.166 �Industrial life insurance.� �Industrial life insurance� means that form of life insurance written under policies of face amount of $2,500 or less, under which premiums are payable monthly or more often and the policy specifies it is an industrial life insurance policy. [1967 c.359 �36]

�� 731.170 �Life insurance�; includes annuities. (1) �Life insurance� means insurance on human lives and every insurance appertaining thereto and includes the granting of endowment benefits, additional benefits in event of death or dismemberment by accident or accidental means, additional benefits in event of the insured�s or premium payer�s disability and optional modes of settlement of proceeds of life insurance including annuity benefits payable under such a settlement provision. �Life insurance� does not include workers� compensation coverages.

�� (2) For convenience, reference to �life insurance� in the Insurance Code includes life insurance as defined in subsection (1) of this section and annuities as defined in ORS 731.154, except if the inclusion of annuities obviously is inapplicable or if the context requires, or the Insurance Code provides, otherwise. [1967 c.359 �37]

�� 731.174 �Marine and transportation insurance.� �Marine and transportation insurance� includes:

�� (1) Insurance against any and all kinds of loss of or damage to:

�� (a) Vessels, craft, aircraft, cars, automobiles and vehicles of every kind, as well as all goods, freights, cargoes, merchandise, effects, disbursements, profits, moneys, bullion, precious stones, securities, choses in action, evidences of debt, valuable papers, bottomry and respondentia interests and all other kinds of property and interests therein, in respect to, appertaining to or in connection with any and all risks or perils of navigation, transit or transportation, including war risks, on or under any seas or other waters, on land or in the air, or while being assembled, packed, crated, baled, compressed or similarly prepared for shipment or while awaiting the same or during any delays, storage, transshipment, or reshipment incident thereto, including marine builders� risks, and all personal property floater risks including bailees� customers risks;

�� (b) Person or to property in connection with or appertaining to a marine, inland marine, transit or transportation insurance, including liability for loss of or damage to either, arising out of or in connection with the construction, repair, operation, maintenance or use of the subject matter of such insurance (but not including life insurance or surety bonds nor insurance against loss by reason of bodily injury to the person arising out of the ownership, maintenance or use of automobiles);

�� (c) Precious stones, jewels, jewelry, gold, silver and other precious metals, whether used in business or trade or otherwise and whether the same is in course of transportation or otherwise; and

�� (d) Bridges, tunnels and other instrumentalities of transportation and communication (excluding buildings, their furniture and furnishings, fixed contents and supplies held in storage) unless fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot and civil commotion, or any of them, are the only hazards to be covered; piers, wharves, docks, and slips, excluding the risks of fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot and civil commotion or any of them; other aids to navigation and transportation, including dry docks and marine railways, against all risks.

�� (2) Marine protection and indemnity insurance meaning insurance against, or against legal liability of the insured for, loss, damage or expense arising out of, or incident to, the ownership, operation, chartering, maintenance, use, repair or construction of any vessel, craft or instrumentality in use in ocean or inland waterways, including liability of the insured for personal injury, illness or death or for loss of or damage to the property of another person. [Formerly

ORS 731.174

731.174 (2) or any replacement thereof;

�� (3) Insurance of freights and disbursements pertaining to a subject of insurance coming within this section;

�� (4) Insurance of personal property and interests therein, in course of exportation from or importation into any country, and in course of transportation coastwise or on inland waters, including transportation by land, water, or air from point of origin to final destination, in respect to, appertaining to or in connection with, any and all risks or perils of navigation, transit or transportation, and while being prepared for and while awaiting shipment, and during any delays, storage, transshipment or reshipment incident thereto;

�� (5) Insurance on operations of railroads engaged in transportation in interstate commerce and their property used in such operations; and

�� (6) Insurance of aircraft operated in scheduled interstate flight, or cargo of such aircraft, or against this liability other than workers� compensation and employers� liability arising out of the ownership, maintenance or use of such aircraft. [1967 c.359 �43; 1987 c.774 �114]

�� 731.204 [Formerly 736.495; repealed by 1987 c.373 �85]

�� 731.208 [Formerly 736.500; repealed by 1987 c.373 �85]

�� 731.212 [1967 c.359 �46; repealed by 1987 c.373 �85]

INSURANCE ADMINISTRATION

�� 731.216 Administrative power of director. The Director of the Department of Consumer and Business Services shall have the power to:

�� (1) Contract for and procure, on a fee or part-time basis, or both, such actuarial, technical or other professional services as may be required for the discharge of duties.

�� (2) Obtain such other services as the director considers necessary or desirable, including participation in organizations of state insurance supervisory officials and appointment of advisory committees. A member of an advisory committee so appointed shall receive no compensation for services as a member, but, subject to any other applicable law regulating travel and other expenses of state officers, shall receive actual and necessary travel and other expenses incurred in the performance of official duties.

�� (3) Establish within the Department of Consumer and Business Services a workers� compensation rating bureau to provide rating information that is based upon and relevant to activities conducted in this state, to enable the director to carry out the provisions of ORS chapter 737. In lieu of creating a rating bureau within the department, the director may contract with any rating organization in other states if the director finds that such a contract would provide the information required by this section. [Formerly 736.503; 1987 c.373 �77; 1987 c.884 �50; 2003 c.14 �445]

�� 731.220 [Formerly 736.507; repealed by 1987 c.373 �85]

�� 731.224 [1967 c.359 �49; repealed by 1987 c.373 �85]

�� 731.228 Prohibited interests and rewards. (1) No officer or employee of the Department of Consumer and Business Services delegated responsibilities in the enforcement of the Insurance Code shall:

�� (a) Be a director, officer, or employee of or be financially interested in any person regulated by the department or office of the department that is delegated responsibility in the enforcement of the Insurance Code, except as a policyholder or claimant under an insurance policy or by reason of rights vested in commissions, fees, or retirement benefits related to services performed prior to affiliation with the department; or

�� (b) Be engaged in any other business or occupation interfering with or inconsistent with the duties of the office or employment.

�� (2) No person shall directly or indirectly give or pay, or offer to give or pay, to the Director of the Department of Consumer and Business Services, or any officer or employee of the department, and the director or such officer or employee shall not directly or indirectly solicit, receive or accept any fee, compensation, loan, gift or other thing of value in addition to the compensation and expense allowance provided by law, for:

�� (a) Any service rendered or to be rendered as such director, officer or employee, or in connection therewith;

�� (b) Services rendered or to be rendered in relation to legislation;

�� (c) Extra services rendered or to be rendered; or

�� (d) Any cause whatsoever related to any person regulated by the department or office of the department that is delegated responsibility in the enforcement of the Insurance Code.

�� (3) This section does not permit any conduct, affiliation or interest that is otherwise prohibited by public policy. [1967 c.359 �50; 1987 c.373 �78]

�� 731.232 Subpoena power. (1) For the purpose of an investigation or proceeding under the Insurance Code, the Director of the Department of Consumer and Business Services may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of books, papers, correspondence, memoranda, agreements or other documents or records which the director considers relevant or material to the inquiry. Each witness who appears before the director under a subpoena shall receive the fees and mileage provided for witnesses in ORS 44.415 (2).

�� (2) If a person fails to comply with a subpoena so issued or a party or witness refuses to testify on any matters, the judge of the circuit court for any county, on the application of the director, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. [1967 c.359 �51; 1989 c.980 �22]

�� 731.236 General powers and duties. (1) The Director of the Department of Consumer and Business Services shall enforce the provisions of the Insurance Code for the public good, and shall execute the duties imposed by the code.

�� (2) The director has the powers and authority expressly conferred by or reasonably implied from the provisions of the Insurance Code.

�� (3) The director may conduct such examinations and investigations of insurance matters, in addition to examinations and investigations expressly authorized, as the director considers proper to determine whether any person has violated any provision of the Insurance Code or to secure information useful in the lawful administration of any such provision. The cost of such additional examinations and investigations shall be borne by the state.

�� (4) The director has such additional powers and duties as may be provided by other laws of this state. [1967 c.359 �52]

�� 731.240 Hearings in general. (1) The Director of the Department of Consumer and Business Services shall hold a hearing upon written demand for a hearing by a person aggrieved by any act, threatened act or failure of the director to act. The demand must state the grounds therefor.

�� (2) To the extent applicable and not inconsistent with subsection (1) of this section, the provisions of ORS chapter 183 shall govern the hearing procedure and any judicial review thereof. [1967 c.359 �53; 1991 c.401 �1]

�� 731.244 Rules. In accordance with the applicable provisions of ORS chapter 183, the Director of the Department of Consumer and Business Services may make reasonable rules necessary for or as an aid to the effectuation of the Insurance Code. No such rule shall extend, modify or conflict with the Insurance Code or the reasonable implications thereof. [1967 c.359 �54]

�� 731.248 Orders. (1) Orders of the Director of the Department of Consumer and Business Services shall be effective only when in writing and signed by the director or by the authority of the director. Orders shall be filed in the Department of Consumer and Business Services.

�� (2) Every such order shall state:

�� (a) Its effective date;

�� (b) Its intent or purpose;

�� (c) The grounds on which based; and

�� (d) The provisions of the Insurance Code pursuant to which action is taken or proposed to be taken.

�� (3) Except as may be provided in the Insurance Code respecting particular procedures, an order or notice may be given by delivery to the person to be ordered or notified or by mailing it by certified or registered mail, return receipt requested, postage prepaid, addressed to the person at the residence or principal place of business of the person as last of record in the department. Notice so mailed shall be deemed to have been given when deposited in a letter depository of a United States post office. [1967 c.359 �55]

�� 731.252 Cease and desist orders. (1) Whenever the Director of the Department of Consumer and Business Services has reason to believe that any person has been engaged or is engaging or is about to engage in any violation of the Insurance Code, the director may issue an order, directed to such person, to discontinue or desist from such violation or threatened violation. The copy of the order forwarded to the person involved shall set forth a statement of the specific charges and the fact that the person may request a hearing within 20 days of the date of mailing. Where a hearing is requested, the director shall set a date for the hearing to be held within 30 days after receipt of the request, and shall give the person involved written notice of the hearing date at least seven days prior thereto. The person requesting the hearing must establish to the satisfaction of the director that such order should not be complied with. The order shall become final 20 days after the date of mailing unless within such 20-day period the person to whom it is directed files with the director a written request for a hearing. To the extent applicable and not inconsistent with the foregoing, the provisions of ORS chapter 183 shall govern the hearing procedure and any judicial review thereof. Where the hearing has been requested, the director�s order shall become final at such time as the right to further hearing or review has expired or been exhausted.

�� (2) No order of the director under this section or order of a court to enforce the same shall in any way relieve or absolve any person affected by such order from any liability under any other laws of this state.

�� (3) The powers vested in the director pursuant to this section are supplementary and not in lieu of any other powers to suspend or revoke certificates of authority or licenses or to enforce any penalties, fines or forfeitures, authorized by law with respect to any violation for which an order of discontinuance has been issued. [Formerly 736.835]

�� 731.256 Enforcement generally; restitution. (1) The Director of the Department of Consumer and Business Services may institute actions or other lawful proceedings that the director deems necessary to enforce a provision of the Insurance Code or any order or action the director makes or takes in pursuance of law.

�� (2) As part of or in addition to any action or proceeding the director institutes against an insurer under subsection (1) of this section, the director may:

�� (a) Seek restitution on a consumer�s behalf for actual damages the consumer suffers as a result of the insurer�s violation of a provision of the Insurance Code or applicable federal law or the insurer�s breach of an insurance contract or policy the insurer has with the consumer; and

�� (b) Seek other equitable relief the director deems appropriate under the circumstances.

�� (3) If the director has reason to believe that a person has violated a provision of the Insurance Code or another law that applies to insurance operations, and if the violation is subject to criminal prosecution and in the opinion of the director criminal prosecution is warranted, the director shall give the information about the violation to the Attorney General or district attorney that has jurisdiction over the violation. The Attorney General or district attorney promptly shall institute an action or a proceeding against the person as the information requires or justifies.

�� (4) An action or proceeding that the director institutes under subsection (1) of this section is an exercise of the director�s regulatory authority and, except as otherwise provided in subsection (3) of this section, does not create a cause of action for any other person. [1967 c.359 �57; 2013 c.618 �1]

�� 731.258 Enforcement of orders and decisions by Attorney General; filing, enforcement and effect of foreign decrees. (1) The Attorney General upon request of the Director of the Department of Consumer and Business Services may proceed in the courts of this state or any reciprocal state to enforce an order or decision in any court proceeding or in any administrative proceeding before the director.

�� (2) As used in this section:

�� (a) �Reciprocal state� means any state the laws of which contain procedures substantially similar to those specified in this section for the enforcement of decrees or orders in equity issued by courts located in other states, against any insurer incorporated or authorized to do business in such state.

�� (b) �Foreign decree� means any decree or order in equity of a court located in a reciprocal state, including a court of the United States located therein, against any insurer incorporated or authorized to do business in this state.

�� (c) �Qualified party� means a state regulatory agency acting in its capacity to enforce the insurance laws of its state.

�� (3) The Director of the Department of Consumer and Business Services of this state shall determine which states qualify as reciprocal states and shall maintain at all times an up-to-date list of such states.

�� (4) A copy of any foreign decree authenticated in accordance with the statutes of this state may be filed in the office of the clerk of any circuit court of this state. The clerk, upon verifying with the director that the decree or order qualifies as a foreign decree shall treat the foreign decree in the same manner as a judgment of a circuit court of this state. A foreign decree so filed has the same effect and shall be deemed as a judgment of a circuit court of this state, and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of a circuit court of this state and may be enforced or satisfied in like manner.

�� (5)(a) At the time of the filing of the foreign decree, the Attorney General shall make and file with the clerk of the court an affidavit setting forth the name and last-known post-office address of the defendant.

�� (b) Promptly upon the filing of the foreign decree and the affidavit, the clerk shall mail notice of the filing of the foreign decree to the defendant at the address given and to the director of this state and shall make a note of the mailing in the register of the court. In addition, the Attorney General may mail a notice of the filing of the foreign decree to the defendant and to the director of this state and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the Attorney General has been filed.

�� (c) No execution or other process for enforcement of a foreign decree filed under subsection (4) of this section shall issue until 30 days after the date the decree is filed.

�� (6)(a) If the defendant shows the circuit court that an appeal from the foreign decree is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign decree until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the defendant has furnished the security for the satisfaction of the decree required by the state in which it was rendered.

�� (b) If the defendant shows the circuit court any ground upon which enforcement of a judgment of any circuit court of this state would be stayed, the court shall stay enforcement of the foreign decree for an appropriate period, upon requiring the same security for satisfaction of the decree which is required in this state for a judgment. [1969 c.336 �5; 2003 c.576 �219]

�� 731.259 Requirement for written notice to insured; rules. (1) The Department of Consumer and Business Services may require an insurer to provide a written notice to an insured to fully effectuate any law the department is responsible for enforcing, including, but not limited to, laws regarding:

�� (a) Enrollment periods.

�� (b) The termination of coverage.

�� (c) The availability of coverage outside of an open enrollment period.

�� (d) The rights of insureds.

�� (2) The department may prescribe by rule the form, manner and contents of any required notices. Any requirements must be designed to minimize the administrative burden on insurers, including by allowing notices to be combined into one notice, as appropriate. [2013 c.681 �5]

�� Note: 731.259 was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 731 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 731.260 False or misleading filings. No person shall file or cause to be filed with the Director of the Department of Consumer and Business Services any article, certificate, report, statement, application or any other information required or permitted to be so filed under the Insurance Code and known to such person to be false or misleading in any material respect. [Formerly 736.650]

�� 731.264 Complaints and investigations confidential; permitted disclosures; rules. (1) A complaint made to the Director of the Department of Consumer and Business Services against any person regulated by the Insurance Code, and the record of the complaint, is confidential and may not be disclosed except as provided in ORS 705.137. The complaint, and the record of the complaint, may not be used in any action, suit or proceeding except to the extent the director considers necessary in prosecuting apparent violations of the Insurance Code or other law.

�� (2) Data gathered pursuant to an investigation by the director of a complaint is confidential, may not be disclosed except as provided in ORS 705.137 and may not be used in any action, suit or proceeding except to the extent the director considers necessary in investigating or prosecuting apparent violations of the Insurance Code or other law.

�� (3) Notwithstanding subsections (1) and (2) of this section, the director shall establish by rule a method for publishing an annual statistical report containing the insurer�s name and the number, percentage, type and disposition of complaints the Department of Consumer and Business Services receives against each insurer that transacts insurance within this state. [1967 c.359 �59; 1971 c.231 �11; 1987 c.481 �1; 1987 c.774 �149; 2001 c.377 �4; 2016 c.62 ��1,2]

�� 731.268 Use of reproductions and certified copies as evidence; fee. (1) Photographs or microphotographs in the form of film or prints of documents and records made by the Director of the Department of Consumer and Business Services for the files of the director shall have the same force and effect as the originals thereof, and duly certified or authenticated reproductions of such photographs or microphotographs shall be as admissible in evidence as are the originals.

�� (2) Upon request of any person and payment of the applicable fee, the director shall furnish a certified copy of any record in the office of the director which is then subject to public inspection.

�� (3) Copies of original records or documents in the office of the director certified by the director shall have the same force and effect and be received in evidence in all courts equally and in like manner as if they were originals. [1967 c.359 �60]

�� 731.272 Director�s annual reports; notice of publication of report. (1) The Director of the Department of Consumer and Business Services shall prepare annually, as soon after March 1 as is consistent with full and accurate preparation, a report of the official transactions of the director under the Insurance Code. The report shall include:

�� (a) In condensed form statements made to the director by every insurer authorized to do business in this state.

�� (b) A statement of all insurers authorized to do business in this state as of the date of the report.

�� (c) A list of insurers whose business in this state was terminated and the reason for the termination. If the termination was a result of liquidation or delinquency proceedings brought against the insurer in this or any other state, the report shall include the amount of the insurer�s assets and liabilities so far as those amounts are known to the director.

�� (d) A statement of the operating expenses of the Department of Consumer and Business Services under the Insurance Code, including salaries, transportation, communication, printing, office supplies, fixed charges and miscellaneous expenses.

�� (e) A detailed statement of the moneys, fees and taxes received by the department under the Insurance Code and from what source.

�� (f) Any other pertinent information and matters as the director considers to be in the public interest.

�� (2) The director shall give notice of the publication of the report to:

�� (a) The office of the Speaker of the House of Representatives;

�� (b) The office of the President of the Senate; and

�� (c) The chair or cochairs of the Joint Committee on Ways and Means if the Legislative Assembly is in session or of the Emergency Board or the Joint Interim Committee on Ways and Means if during the interim. [Formerly 736.520; 1987 c.373 �79; 2005 c.185 �8; 2012 c.107 �18]

�� 731.276 Recommendations for changes in Insurance Code. The Director of the Department of Consumer and Business Services shall continuously review the Insurance Code and shall work with the Director of the Oregon Health Authority to review the health insurance provisions of the Insurance Code and may, from time to time, make recommendations for changes therein. [1967 c.359 �62; 2009 c.595 �1117]

�� 731.280 Publications authorized. The Director of the Department of Consumer and Business Services shall publish:

�� (1) Pamphlet or booklet copies of the insurance laws of this state;

�� (2) The director�s annual report;

�� (3) Such copies of results of investigations or examinations of insurers for public distribution as the director considers to be in the public interest;

�� (4) Such compilations as the director considers advisable from time to time of the general orders of the director then in force; and

�� (5) Such other material as the director may compile and consider relevant and suitable for the effective administration of the Insurance Code. [1967 c.359 �63]

�� 731.282 Authority to sell publications. The Director of the Department of Consumer and Business Services may sell, at a price reasonably calculated to cover the costs of preparation, any of the copies, compilations or materials described in ORS 731.280. [1971 c.231 �2; 1982 s.s.1 c.17 �3]

�� 731.284 Distribution of insurance laws. Copies of the insurance laws in pamphlet form may be sold by the Director of the Department of Consumer and Business Services at a reasonable price. The director may distribute free of charge one copy of such pamphlet to each of the following:

�� (1) Authorized insurers and licensed rating organizations;

�� (2) Insurance departments of other states; and

�� (3) Public agencies. However, the director may distribute such quantities to public agencies as the director determines. [1967 c.359 �64; 2003 c.364 �65]

�� 731.288 Recording complaints; director to consider complaints before issuing licenses. The Department of Consumer and Business Services shall record each complaint the department receives, including the subsequent disposition of the complaint. The record of a complaint shall be maintained for a period of not less than seven years. The records of complaints shall be indexed whenever applicable both by the name of the insurer and by the name of the insurance producer involved. The Director of the Department of Consumer and Business Services shall consider such complaints before issuing or continuing any certificate of authority or license of an insurer or insurance producer named in such complaints. [Formerly 736.580; 2003 c.364 �66; 2003 c.802 �168]

�� 731.292 Disposition of fees, charges, taxes, penalties and other moneys. (1) Except as provided in subsections (2), (3) and (4) of this section, all fees, charges and other moneys received by the Department of Consumer and Business Services or the Director of the Department of Consumer and Business Services under the Insurance Code shall be deposited in the fund created by ORS 705.145 and are continuously appropriated to the department for the payment of the expenses of the department in carrying out the Insurance Code.

�� (2) All taxes and penalties paid pursuant to the Insurance Code shall be paid to the director and after deductions of refunds shall be paid by the director to the State Treasurer, at the end of every calendar month or more often in the director�s discretion, for deposit in the General Fund to become available for general governmental expenses.

�� (3) All premium taxes received by the director pursuant to ORS 731.820 shall be paid by the director to the State Treasurer for deposit in the State Fire Marshal Fund.

�� (4) Assessments received by the department under sections 3 and 5, chapter 538, Oregon Laws 2017, and penalties received by the department under section 6, chapter 538, Oregon Laws 2017, shall be paid into the State Treasury and credited to the Health System Fund established under section 2, chapter 538, Oregon Laws 2017. [Formerly

ORS 731.194

731.194 is effected by an insurer each class shall be written in a separate and distinct policy. Any such policy may be canceled, surrendered or otherwise terminated without affecting other premiums paid or policies held by the same insured.

�� (2) Except as provided in this section, the same policy shall not include insurance coverages as to which the liability of the insurer for unearned premiums or the reserve for unpaid, deferred or undetermined loss claims is estimated in a different manner.

�� (3) Insurance in one policy may be effected upon automobiles and vehicles, and the accessories and other property transported upon and used in connection therewith, against loss or damage by fire, collision and explosion, and against loss by legal liability for damage to persons or property, or both, resulting from the maintenance, use or operation of such automobiles or vehicles, and against loss by burglary, embezzlement or theft, or any one or more of them. Premiums and losses for such insurance are to be reported to the Director of the Department of Consumer and Business Services under the title �automobile insurance.� For this purpose an insurer need not use the standard fire insurance policy required by ORS 742.202.

�� (4) Insurance in one policy may be effected against loss or damage of property and against personal injury and death, and liability therefor, from explosion of steam boilers, tanks and engines, pipes and machinery connected therewith, and breakage of flywheels and machinery. Premiums and losses for such insurance are to be reported to the director under the title �steam boiler insurance.�

�� (5) Insurance under the classes of life and health insurance may be effected in one policy.

�� (6) Insurance in one policy effected against any physical loss or damage occurring to properties may include coverage as to other perils, either on an unspecified basis as to coverage or for a single premium.

�� (7) Insurance in one policy effected against loss or destruction of baggage while traveling which is written on a single premium nonrenewable basis may include travel ticket health insurance benefits.

�� (8) Insurance under more than one class of insurance may be effected in one policy if the director finds that the issuance of the policy is in the best interest of the public. [Formerly 736.310 and then 743.072; 2005 c.185 �2]

�� 742.043 Binders. (1) Binders or other contracts for temporary insurance may be made orally or in writing, and shall be deemed to include all the usual terms of the policy as to which the binder was given together with such applicable indorsements as are designated in the binder, except as superseded by the clear and express terms of the binder.

�� (2) Except as provided in subsection (3) of this section and ORS 746.195, within 90 days after issue of a binder a policy shall be issued in lieu thereof, including within its terms the identical insurance bound under the binder and the premium therefor.

�� (3) If the policy has not been issued a binder may be extended or renewed beyond such 90 days with the written approval of the Director of the Department of Consumer and Business Services, or in accordance with such rules relative thereto as the director may promulgate.

�� (4) This section does not apply to life or health insurance. [Formerly 743.075]

�� 742.045 [1953 c.605 �3; 1965 c.611 �7; repealed by 1967 c.359 �704]

�� 742.046 Delivery of policy; website posting as alternative to delivery. (1) Subject to the insurer�s requirements for paying premiums, the insurer shall mail or deliver every policy to the insured or to the person entitled to the policy within a reasonable period of time after the insurer issues the policy, unless the insured has not met a condition required by the insurer.

�� (2) If the insurer delivers or deposits, or must deliver or deposit, the original policy to or with any vendor, mortgagee or pledgee of any motor vehicle, and the original policy insures the vendee�s, mortgagor�s or pledgor�s interest in or with reference to the motor vehicle, the vendor, mortgagee or pledgee shall deliver a duplicate or memorandum of the policy that sets forth the name and address of the insurer, the insurance classification of the vehicle, the type of coverage, the limits of liability, premiums for the respective coverages and the duration of the policy to each vendee, mortgagor or pledgor that is named in the policy or that is within the group of persons the policy specifies must be included. If the policy does not cover legal liability for injury to persons or damage to the property of third parties, the face of the duplicate policy or memorandum must conspicuously state, in writing, in print or with a stamp, that the policy does not provide such coverage. This subsection does not apply to inland marine floater policies.

�� (3) Notwithstanding the requirements set forth in subsections (1) and (2) of this section and the consent and notice requirements set forth in ORS 84.070 (2), an insurer may post on the insurer�s website a standard property and casualty insurance policy and endorsements that do not have personally identifiable information. If the insurer posts an insurance policy and endorsements on the insurer�s website in lieu of mailing or delivering the insurance policy and endorsements to the insured, the insurer shall:

�� (a) Ensure that the insurance policy and endorsements are easily accessible for as long as the insurance policy is in force;

�� (b) Archive expired policies and endorsements for five years after the policies expire and make archived policies available upon request;

�� (c) Post the policy and endorsements in a manner that enables the insured to use software that is free of charge and widely available on the Internet to save and print the policy and endorsements;

�� (d) Provide in, or simultaneously with, each declarations page that the insurer provides at the time the insurer issues or renews the policy:

�� (A) A description of the exact policy and endorsements that the insurer purchased;

�� (B) A statement that advises the insured of the right to request and obtain, without charge, a printed copy of the insured�s policy and endorsements and instructions for making the request; and

�� (C) The Internet address at which the insurer posted the insured�s policy and endorsements; and

�� (e) Notify the insured, in the manner in which the insurer customarily communicates with the insured, of any changes to the policy or endorsements. [Formerly 743.078; 2015 c.612 �1]

�� 742.048 Effective date and time of coverage; applicability. (1) Except as provided in subsections (2), (4) and (5) of this section, every policy of insurance shall contain a provision stating that coverage commences at 12:01 a.m. of the date upon which the insurance takes effect.

�� (2) A policy of insurance may provide that the time at which coverage commences shall not be prior to the time at which the policy of insurance is applied for.

�� (3) Any statement of time in a policy shall mean time according to the legal standard of time in effect:

�� (a) If the policy insures real property, at the location of such property; or

�� (b) If the policy does not insure real property, at the principal place of business within Oregon of the insured; or, if the insured has no place of business within Oregon, at the residence within Oregon of the insured.

�� (4) A binder or other contract for temporary insurance may commence coverage at an hour different from 12:01 a.m. in order to provide coverage from the agreed hour of commencement of coverage to 12:01 a.m. of the date on which the written policy as to which such binder or other contract was issued takes effect.

�� (5) This section does not apply to life, health, mortgage, title, surety or wet marine and transportation insurance. [Formerly 743.080]

�� 742.050 [Amended by 1955 c.372 �1; 1957 c.4 �1; 1965 c.611 �8; 1967 c.359 �658; renumbered 750.045]

�� 742.051 Renewal by certificate. Any insurance policy terminating by its terms at a specified expiration date and not otherwise renewable, may be renewed or extended at the option of the insurer, if renewed or extended upon a currently authorized policy form at the premium rate then required therefor, for a specific additional period or periods by certificate or by indorsement of the policy, without requiring the issuance of a new policy. [Formerly 743.081]

�� 742.053 Forms for proving loss; responsibility of insurer; proof of loss covered under policy of fire insurance; requirements for insurer in instances of total loss related to major disaster; rules. (1) An insurer, in response to a written request, shall provide forms for proving a loss for which a person makes a claim under an insurance policy the insurer issues. The requirement to provide forms under this subsection does not impose responsibility upon the insurer for the person�s proof of loss, attempt to prove the loss or manner of proving the loss.

�� (2) If the insurance policy is fire insurance, notwithstanding any more restrictive requirement in the insurance policy, an insured must provide proof of loss within 90 days after receiving a form described in subsection (1) of this section.

�� (3)(a) As used in this subsection, �major disaster� means a state of emergency the Governor declares under ORS 401.165 that involves or threatens to involve widespread loss of life, injury to persons or property, human suffering or financial loss.

�� (b) Notwithstanding subsection (2) of this section and ORS 742.230, if an insured who holds a policy of personal insurance, as defined in ORS 746.600 (33)(b) and (c), experiences a total loss of the contents of a residence as a result of a major disaster and provides in documentation that the Director of the Department of Consumer and Business Services specifies by rule that the residence was furnished, that the loss occurred as a result of a major disaster in a location that was subject to a declaration of a state of emergency under ORS 401.165 and that the loss is directly related to the emergency that was the subject of the declaration, the insurer shall:

�� (A) Offer the insured a minimum of 70 percent, or a larger percentage upon which the insurer and insured agree, of the coverage the insured purchased previously for the contents of the residence without requiring the insured to submit a written inventory of the loss;

�� (B) Notify the insured that:

�� (i) Accepting the offer described in subparagraph (A) of this paragraph does not change the benefits available under the insurance policy; and

�� (ii) The insured may obtain more benefits by submitting a complete inventory of the loss;

�� (C) Disclose information about how the insurer determines the depreciated value of the contents of the insured property, if the insurer provides a depreciated value;

�� (D) Pay for any covered costs associated with removing debris not later than 60 days after receiving an invoice, receipt or other documentation that shows the date and cost of the removal, except that if a governmental agency removes the debris or is involved in removing the debris, the insurer may pay within a reasonable time; and

�� (E) Pay for any covered loss of trees, shrubs or landscaping within 30 days after receiving documentation of the loss, such as documentation from a reputable landscaping contractor, that shows the number and nature of the trees, shrubs or landscaping that was damaged or destroyed, unless:

�� (i) The insurer disputes the coverage; or

�� (ii) The insurer and insured agree that the insurer will pay the costs later in the claims process.

�� (c) If an insured submits an inventory of a loss described in paragraph (b) of this subsection with an amount that exceeds the amount the insurer offered under paragraph (b)(A) of this subsection, the insurer shall:

�� (A) Request any other information the insurer requires concerning the inventory not later than 30 days after receiving the inventory; and

�� (B) Pay within 30 days after receiving the inventory for any items the coverage, cost or condition of which the insurer does not dispute.

�� (4) The Director of the Department of Consumer and Business Services may adopt rules to carry out the purposes set forth in this section. [Formerly 743.093; 2023 c.85 �1]

�� 742.055 [1955 c.236 �1; 1965 c.611 �9; repealed by 1967 c.359 �704]

�� 742.056 Certain conduct not deemed waiver. Without limitation of any right or defense of an insurer otherwise, none of the following acts by or on behalf of an insurer shall be deemed to constitute a waiver of or estoppel to assert any provision of a policy or of any defense of the insurer thereunder:

�� (1) Acknowledgment of the receipt of notice of loss or claim under the policy.

�� (2) Furnishing forms for reporting a loss or claim, for giving information relative thereto, or for making proof of loss, or receiving or acknowledging receipt of any such forms or proofs completed or uncompleted.

�� (3) Investigating any loss or claim under the policy or engaging in negotiations looking toward a possible settlement of any such loss or claim. [Formerly 743.096]

�� 742.058 Return of premium on destruction of property. (1) In the event of the total destruction of any insured property, if the total amount of loss or agreed loss is less than the total amount insured thereon, the insurer or insurers shall return to the insured the portion of insurance premium paid for the excess of the insurance over the loss. This amount shall be paid at the same time and in the same manner as the loss.

�� (2) This section does not apply to insurance on stocks of merchandise or property of fluctuating values where the reduced rate percentage clause is made a part of the policy. [Formerly

ORS 731.482

731.482. [Formerly 743.942]

�� 742.704 Hearing. Within 30 days after receiving a notice of cancellation under ORS 742.702, an insured may request a hearing before the Director of the Department of Consumer and Business Services. The purpose of this hearing shall be limited to establishing the existence of the proof or evidence given by the insurer in its notice of cancellation. The burden of proving the reason for cancellation shall be upon the insurer. [Formerly 743.944]

�� 742.706 Renewal; nonrenewal. (1) If an insurer offers or purports to renew a commercial liability policy, but on terms less favorable to the insured or at higher rates, the new terms or rates may take effect on the renewal date, if the insurer provides the insured, and the insurance producer if any, 45 days� written notice. If the insurer does not provide such notice, the insured may cancel the renewal policy within 45 days after receipt of the notice or delivery of the renewal policy. Earned premium for the period of time the renewal policy was in force shall be calculated pro rata at the lower of the current or previous year�s rate. If the insured accepts the renewal, any premium increase or changes in terms shall be effective immediately following the prior policy�s expiration date.

�� (2) Nonrenewal of a commercial liability policy shall not be effective until at least 45 days after the insured receives a written notice of nonrenewal. If, after an insurer provides a notice of nonrenewal as described in this subsection, the insurer extends the policy 90 days or less, an additional notice of nonrenewal is not required with respect to the extension.

�� (3) Subsection (1) of this section does not apply:

�� (a) If the change is a rate, form or plan filed with the Director of the Department of Consumer and Business Services and applicable to the entire line of insurance or class of business to which the policy belongs; or

�� (b) To a premium increase based on the altered nature or extent of the risk insured against.

�� (4) If a commercial liability policy is issued for a term longer than one year, and for additional consideration a premium is guaranteed, the insurer may not refuse to renew the policy or increase the premium for the term of that policy. [Formerly

ORS 732.576

732.576 is confidential and may not be made public except as provided in this subsection. The director may disclose reported information only as provided in ORS 705.137 or only if:

�� (a) The director obtains the prior written consent of the insurer to which the reported information pertains; or

�� (b) The director, after giving the insurer and the insurer�s affiliates that would be affected by the disclosure notice and opportunity to be heard, determines that disclosing the information will serve the interest of policyholders, shareholders or the public. If the director determines that disclosing the information will serve one or more of such interests, the director may publish all or any part of the information in any manner that the director determines is appropriate.

�� (3) With respect to any information filed under ORS 732.569 (2) to (6), the chief insurance regulatory official described in ORS 732.569 (1) shall maintain the confidentiality of the group capital calculation, the group capital ratio produced within the calculation and any group capital information received from an insurance holding company system supervised by the Federal Reserve Board or a group-wide supervisor located in the United States.

�� (4) With respect to any information filed under ORS 732.569 (7) and (8), the chief insurance regulatory official described in ORS 732.569 (1) shall maintain the confidentiality of the liquidity stress test results and supporting disclosures and any information about a liquidity stress test received from an insurance holding company system supervised by the Federal Reserve Board and group-wide supervisors located outside the United States.

�� (5)(a) Except as otherwise required under ORS 732.517 to 732.596 and subject to paragraph (b) of this subsection, an insurer, broker or other person engaged in any manner in the insurance business may not make, publish, disseminate, circulate or place before the public, or cause another person, directly or indirectly, to make, publish, disseminate, circulate or place before the public, a statement or representation with regard to the group capital calculation, the group capital ratio, the liquidity stress test results or supporting disclosures, or any other component of the group capital calculation, the group capital ratio or the liquidity stress test results or supporting disclosures, that must be filed under ORS 732.569, whether the statement or representation appears:

�� (A) In a newspaper, magazine or other publication;

�� (B) In the form of a notice, circular, pamphlet, letter or poster;

�� (C) In any radio or television broadcast or any electronic means of communication that is available to the public; or

�� (D) As an advertisement or announcement.

�� (b) After demonstrating to the director with substantial proof that a published written statement or representation concerning an item described in paragraph (a) of this subsection is materially false or inappropriate, an insurer or insurance group may publish an announcement in a written publication solely to rebut the materially false statement or representation. The rebuttal may address a materially false or inappropriate statement or representation as to:

�� (A) The group capital calculation or the resulting group capital ratio;

�� (B) The liquidity stress test result or supporting disclosures for the liquidity stress test; or

�� (C) An inappropriate comparison between any amount and any of the items described in subparagraph (A) or (B) of this paragraph.

�� (6) The director�s sharing of information under ORS 732.517 to 732.596 does not delegate regulatory or rulemaking authority. The director is solely responsible for administering, executing and enforcing ORS 732.517 to 732.596. [1993 c.447 �52; 2001 c.377 �11; 2013 c.370 �30; 2015 c.547 �21; 2025 c.174 �5]

�� 732.588 Supervision, rehabilitation or liquidation. (1) If the Director of the Department of Consumer and Business Services determines that a person�s violation of any provision of ORS

ORS 734.150

734.150 for an order to rehabilitate a domestic insurer that violates this section.

�� (4)(a) A domestic insurer that has and maintains a principal place of business and a home office in this state may keep electronic records in this or another state. If the domestic insurer keeps electronic records in another state, the domestic insurer shall provide the director with access to the electronic records in a manner that allows the director to examine the insurer as if the electronic records were located in this state.

�� (b) A domestic insurer complies with the requirement set forth in paragraph (a) of this subsection if the domestic insurer:

�� (A) Provides the director with electronic access to, or printed copies of, all records that the director determines are necessary to conduct an examination of the domestic insurer:

�� (i) Within 24 hours after the director requests the records or at a mutually agreed time;

�� (ii) At the domestic insurer�s principal place of business or home office in this state; and

�� (iii) With in-person or telephone access to the person that prepared the records, if the director requests access to the person; or

�� (B) Makes the records available for examination at an office outside this state if the domestic insurer pays the director�s transportation and related expenses as provided in ORS 731.316.

�� (5) This section does not prohibit an insurer from:

�� (a) Establishing and maintaining branch offices or regional home offices in other states where necessary or convenient to the transaction of the domestic insurer�s business, and keeping therein the detailed records and assets customary and necessary for the servicing of the domestic insurer�s insurance in force and affairs in the territory served by the office, as long as such records and assets are made readily available at such office for examination by the director at the director�s request;

�� (b) Having, depositing or transmitting funds and assets of the insurer in or to jurisdictions outside of this state required by the law of such jurisdiction or as reasonably and customarily required in the regular course of the domestic insurer�s business; or

�� (c) Using custodial arrangements for the holding of securities owned by the insurer, either in or outside of this state, and either segregated from or commingled with securities owned by others, if the arrangements conform to rules adopted by the director for safeguarding the assets and facilitating the director�s examination of insurers using such custodial arrangements. [1967 c.359 �172; 1979 c.846 �3; 1993 c.447 �108; 2017 c.479 �9]

�� 732.250 Continuity of management in event of national emergency. (1) The specific purpose of this section is to facilitate the continued operation of all domestic insurers in the event a national emergency makes it impossible or impracticable for an insurer to conduct its business in strict accordance with applicable provisions of law, its bylaws or its charter.

�� (2) The board of directors of any domestic insurer may at any time adopt emergency bylaws, subject to repeal or change by action of those having power to adopt regular bylaws for the insurer, which shall be operative during such a national emergency and which may, notwithstanding any different provisions of the regular bylaws, or of the applicable statutes or of the insurer�s charter, make any provision that may be reasonably necessary for the operation of the insurer during the period of such emergency.

�� (3) In the event the board of directors of a domestic insurer has not adopted emergency bylaws, the following provisions shall become effective upon the occurrence of such a national emergency:

�� (a) Three directors shall constitute a quorum for the transaction of business at all meetings of the board; and

�� (b) Any vacancy in the board may be filled by a majority of the remaining directors, though less than a quorum, or by a sole remaining director.

�� (4) If there are no surviving directors, but at least three vice presidents of the insurer survive, the three vice presidents with the longest term of service shall be the directors and shall possess all of the powers of the previous board of directors and such powers as are granted by this section. By majority vote such emergency board of directors may elect other directors. If there are not at least three surviving vice presidents, the Director of the Department of Consumer and Business Services shall appoint three persons as directors who shall possess all of the powers of the previous board of directors and such powers as are granted by this section, and these persons by majority vote may elect other directors.

�� (5) At any time the board of directors of a domestic insurer may, by resolution, provide that in the event of such a national emergency and in the event of the death or incapacity of the president, the secretary or the treasurer of the insurer, such officers or any of them shall be succeeded in the office by the person named or described in a succession list adopted by the board of directors. Such list may be on the basis of named persons or position titles, shall establish the order of priority and may prescribe the conditions under which the powers of the office shall be exercised.

�� (6) At any time the board of directors of a domestic insurer may, by resolution, provide that in the event of such a national emergency the home office or principal place of business of the insurer shall be at such location as is named or described in the resolution. Such resolution may provide for alternate locations and establish an order of preference. [1967 c.359 �173]

DIRECTORS, OFFICERS AND EMPLOYEES

�� 732.305 Board of directors; qualifications. A domestic insurer may not have fewer than five directors. A director need not be a shareholder or member of the insurer unless the articles of incorporation so require, but a director must be 21 years of age or older. At least five or one-quarter of the directors, whichever is fewer, must be residents of this state. A majority of directors must be persons who are not salaried officers of the insurer. [1967 c.359 �174; 1997 c.771 �18; 2007 c.433 �1]

�� 732.310 [1967 c.359 �175; repealed by 1987 c.846 �19]

�� 732.315 [Formerly 738.200; repealed by 1983 c.24 �1]

�� 732.320 Supporting documents for expenditures. No domestic insurer shall make any disbursement of $100 or more unless the sum is evidenced by:

�� (1) A voucher signed by or on behalf of the person receiving the money or, if a voucher cannot be obtained, by an affidavit stating the reason for not obtaining the voucher;

�� (2) A bill, invoice, statement or similar document commonly in business use submitted on account of goods supplied or services rendered or both;

�� (3) An authorization of the board of directors, or a committee thereof or officer duly delegated by the board with authority to so authorize, in regard to compensation of officers, employees and agents; or

�� (4) Satisfactory proof of claim, accepted and approved in the manner prescribed by the insurer, based upon provisions of a policy issued by the insurer. [Formerly 738.420]

�� 732.325 Certain transactions and compensation between insurers and directors, trustees, officers, agents or employees prohibited; other prohibited conduct. (1) Except as set forth in a statement of acquisition described in ORS 732.523 and, in the case of the issuance or sale of the insurer�s securities, as approved by a majority of the board of directors having no interest therein except as shareholders or directors or failing such majority by the shareholders, a director, trustee, officer, agent or employee, or spouse or relative thereof, shall not receive any fee, commission, compensation or other valuable consideration whatsoever, directly or indirectly, for aiding, promoting or assisting:

�� (a) The planning, preparing or executing of an activity described in ORS 732.521 (1); or

�� (b) The planning, preparing or executing of any plan for the issuance, sale or acquisition of shares or other securities of the insurer for any purpose.

�� (2) Except as provided in subsections (4) and (5) of this section, a director, trustee or officer of an insurer shall not:

�� (a) Accept any money or thing of value for negotiating, procuring, recommending or aiding in:

�� (A) The purchase or sale of property by the insurer; or

�� (B) The making of a loan to or from the insurer.

�� (b) Have a pecuniary interest, whether as principal, agent or beneficiary, in a purchase, sale or loan under paragraph (a) of this subsection.

�� (3) Except as provided in subsections (4) and (5) of this section, an insurer shall not do any of the following:

�� (a) Pay any money or thing of value to a director, trustee or officer of the insurer for negotiating, procuring, recommending or aiding in:

�� (A) The purchase or sale of property by the insurer; or

�� (B) The making of a loan to or from the insurer.

�� (b) Make a loan to a director, trustee or officer of the insurer.

�� (c) Make any advances to a director, trustee or officer of the insurer for future services to be performed.

�� (d) Guarantee any financial obligations of a director, trustee or officer of the insurer. The prohibition under this paragraph does not apply to any guarantee of payments to be made upon death of a person insured under a credit life insurance policy.

�� (4) An insurer may contract, or otherwise enter into a transaction, for the provision of goods or services to the insurer in the normal course of business with a director, trustee or officer, or a partnership or corporation in which a director, trustee or officer has, directly or indirectly, a proprietary interest in excess of five percent, if the interest of the director, trustee or officer is fully disclosed to the board of directors of the insurer and the board thereafter approves and authorizes the contract or transaction by a vote sufficient for the purpose without counting the vote of the interested person.

�� (5) The prohibitions set forth in this section shall not apply to or affect:

�� (a) The payment to any director, officer or trustee of reasonable compensation, whether based in whole or in part upon commission or otherwise;

�� (b) The payment of a fee to any approved person for legal or other specialized or professional services rendered to the insurer and approved by the board of directors;

�� (c) The making of loans or advances to agents or other employees of an insurer as required or as is expedient in the conduct of its business;

�� (d) The exercising of any rights under any policy of insurance;

�� (e) The issuance of a debt obligation by an insurer to a director, officer or trustee of the insurer; and

�� (f) The advance of expenses to a director, officer or trustee for travel or other related business activities of the insurer. [1967 c.359 �178; 1971 c.231 �17; 1983 c.498 �20; 1989 c.425 �1; 1993 c.447 �109]

SHARES, SHAREHOLDERS AND MEMBERS

(General Provisions)

�� 732.405 Authorized shares. No domestic insurer shall issue or have outstanding more than one class of shares, whether with or without par value. [1967 c.359 �179]

�� 732.410 Right to acquire own shares. A domestic insurer shall have the right to purchase or otherwise acquire, hold, pledge, transfer or dispose of its own issued shares. An insurer may acquire any such shares by purchase, exchange or disposition of its assets only from earned surplus as defined by rule, that is not otherwise restricted or, with the prior written approval of the Director of the Department of Consumer and Business Services, from other of its surplus. [1967 c.359 �180; 1987 c.846 �8]

�� 732.415 Stock insurer�s proxies; regulation by director; rules. (1) A proxy may be authorized in writing to vote the shares of any stockholder, or where authorized of a policyholder, of a domestic stock insurer at any regular or special stockholders� meeting.

�� (2) Such stockholders and policyholders shall be provided with adequate and accurate information with respect to the affairs of the insurer, the interests of those involved in the solicitation of proxies or consents, and the matters regarding which the proxies or consents are solicited.

�� (3) Every form of proxy or consent and soliciting material to be used in connection therewith shall be filed with the Director of the Department of Consumer and Business Services in advance of any circulation or other use by at least 10 days, or such shorter period as the director may authorize. Circulation or use of a filed document may be made when such 10-day or shorter period has expired, unless or until the director has disapproved the filing by written notice showing wherein the document does not comply with this section or the pertinent rules. Any proxy or consent obtained in violation of this section shall be void.

�� (4) The director may issue rules to carry out the purposes of this section and to prevent fraud or deception in connection with proxies and consents. Such rules may differ as to different types of insurers, and may include, but not by way of limitation, provisions as to:

�� (a) Exemption from the requirements of this section for insurers subject to similar provisions of federal law, or with less than a prescribed number of stockholders;

�� (b) Disclosure of equivalent information when no proxies or consents are solicited;

�� (c) Form and content of proxies, consents and solicitation materials, and filing procedures therefor;

�� (d) Procedure for presentation of stockholder proposals; and

�� (e) Election contests. [Formerly 738.190]

(Insider Trading)

�� 732.420 �Equity security� defined; rules. As used in ORS 732.220 and 732.420 to 732.455, �equity security� means:

�� (1) Any stock or similar security;

�� (2) Any security convertible, with or without consideration, into such a security, or carrying any warrant or right to subscribe to or purchase such a security;

�� (3) Any such warrant or right; or

�� (4) Any other security which the Director of the Department of Consumer and Business Services shall consider to be of similar nature and consider necessary or appropriate, by such rules as the director may prescribe in the public interest or for the protection of investors, to treat as an equity security. [Formerly 738.710]

�� 732.425 Application of insider trading regulation. The provisions of ORS 732.430, 732.435 and 732.440 do not apply to equity securities of a domestic stock insurer if:

�� (1) Such securities are registered, or are required to be registered, pursuant to section 12 of the Securities Exchange Act of 1934, as amended; or

�� (2) Such insurer does not have any class of its equity securities held of record by 100 or more persons on the last business day of the year next preceding the year in which equity securities of the insurer would be subject to the provisions of ORS

ORS 735.470

735.470 for the premium reported under subsection (1)(c) of this section. The filing of the report and payment of the taxes may be made by a person authorized by the insured to act on the insured�s behalf.

�� (3)(a) The director may require that reports filed under subsection (1) of this section be filed with the Surplus Line Association of Oregon. The director may require that such filings be made electronically, but may allow an exemption to this requirement for good cause shown.

�� (b) The director may require that amounts to be paid to the director under subsection (2) of this section be paid to the Surplus Line Association of Oregon. [2011 c.660 �5]

�� 735.418 Director authorized to enter into interstate compact for premium tax allocation. For purposes of carrying out the Nonadmitted and Reinsurance Reform Act of 2010 (P.L. 111-203, Title V, Subtitle B), after receiving express legislative approval, the Director of the Department of Consumer and Business Services is authorized to enter into a compact or to otherwise establish procedures with other states to allocate among the states the premium taxes paid to an insured�s home state. [2011 c.660 �4]

�� 735.420 Declaration of ineligibility of surplus lines insurer. (1) The Director of the Department of Consumer and Business Services may declare a surplus lines insurer described in ORS 735.415 (1) ineligible if the director has reason to believe that the surplus lines insurer:

�� (a) Is in unsound financial condition;

�� (b) Is no longer eligible under ORS 735.415;

�� (c) Has willfully violated the laws of this state; or

�� (d) Does not make reasonably prompt payment of just losses and claims in this state or elsewhere.

�� (2) The director shall promptly mail notice of all such declarations to each surplus lines licensee. [1987 c.774 �121; 2001 c.191 �44d]

�� 735.425 Filing by licensee after placement of surplus lines insurance. (1) Within 90 days after the placing of any surplus lines insurance in this state on an Oregon home state risk, each surplus lines licensee shall file with the Director of the Department of Consumer and Business Services:

�� (a) A statement signed by the licensee regarding the insurance, which shall be kept confidential as provided in ORS 705.137, including the following:

�� (A) The name and address of the insured;

�� (B) The identity of the insurer or insurers;

�� (C) A description of the subject and location of the risk;

�� (D) The amount of premium charged for the insurance; and

�� (E) Such other pertinent information as the director may reasonably require.

�� (b) A statement on a standardized form furnished by the director, as to the diligent efforts by the producing insurance producer to place the coverage with admitted insurers and the results thereof. The statement shall be signed by the producing insurance producer and shall affirm that the insured was expressly advised prior to placement of the insurance that:

�� (A) The surplus lines insurer with whom the insurance was to be placed is not licensed in this state and is not subject to its supervision; and

�� (B) In the event of the insolvency of the surplus lines insurer, losses will not be paid by the state insurance guaranty fund.

�� (2) A surplus lines licensee placing nonadmitted insurance in this state for an exempt commercial purchaser satisfies the requirements of subsection (1)(b) of this section if the surplus lines licensee provides proof of compliance with ORS

ORS 735.643

735.643 in 2023]

MOTOR VEHICLE LIABILITY INSURANCE

(Issuance of Proof of Insurance)

�� 742.447 Proof of insurance. (1) Every insurer that issues motor vehicle insurance that is designed to meet either the financial or future responsibility requirements of ORS chapter 806 shall issue with the policy proof of insurance that shows the effective date and the expiration date of the insurance.

�� (2) An insurer may provide proof of insurance under this section by issuing a card or, if the insured agrees, through electronic means.

�� (3) Nothing in this section requires an insurer to provide proof of insurance at any time other than when the policy is issued or renewed. [1993 c.746 �1; 2013 c.108 �1]

�� Note: 742.447 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 742 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Generally)

�� 742.449 Prohibition on assignment to high risk category on certain grounds. An insurer issuing motor vehicle liability insurance policies in this state may not assign an insured or applicant for insurance to a higher risk category than the person would otherwise be assigned to solely because the person has:

�� (1) Let a prior motor vehicle liability policy lapse, unless the person was in violation of ORS

ORS 736.608

736.608]

�� 746.115 Advertisements in languages other than English. (1) An insurer or licensee who advertises in a language other than English is not required to provide an insurance policy in any language other than English so long as the advertisement states clearly that the policy that is purchased is available only in English.

�� (2) Advertisements regarding an insurance policy in languages other than English may not be construed to modify the policy in the event of a dispute over the provisions of the policy. [1997 c.809 �2; 2003 c.249 �1]

�� Note: 746.115 was added to and made a part of ORS chapter 746 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 746.120 Illegal dealing in premiums. No person shall willfully collect any sum as premium or charge for insurance which is not then provided, or is not in due course to be provided subject to acceptance of the risk by the insurer, under an insurance policy issued by an insurer in conformity to the Insurance Code. [1967 c.359 �579]

�� 746.125 Limitation on coverage of eye care services. (1) As used in this section:

�� (a) �Health care service contractor� has the meaning given that term in ORS 750.005.

�� (b) �Independent practice association� has the meaning given that term in ORS 743B.001.

�� (2) An insurer or a health care service contractor that has a contract with an independent practice association to provide eye care services may not limit coverage of eye care services only to services provided by a physician if the eye care services are covered services and are within the lawful scope of practice of a licensed optometrist. [2005 c.442 �2]

�� Note: 746.125 was added to and made a part of ORS chapter 746 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 746.130 Insurance connected to sale or rental of property; prohibition; exceptions; charges. (1) No insurer shall participate in any plan to offer or effect in this state, as an inducement to the purchase or rental by the public of any property or services, any insurance for which there is no separate charge to the insured. No person shall arrange the sale of any such insurance.

�� (2) Subsection (1) of this section does not apply to:

�� (a) Home protection insurance or other insurance offered as a guarantee of the performance of property and designed to protect the purchasers or users of such property;

�� (b) Title insurance; or

�� (c) Credit life or credit health insurance as defined in ORS 743.371.

�� (3) The charge for any insurance incidental to the purchase or rental by the public of any property or services shall be in accordance with rates on file with the Director of the Department of Consumer and Business Services. [1967 c.359 �580; 1969 c.336 �16; 1981 c.247 �20; 1993 c.265 �9]

�� 746.135 Genetic tests and information; rules. (1) If a person asks an applicant for insurance to take a genetic test in connection with an application for insurance, the use of the test shall be revealed to the applicant and the person shall obtain the specific authorization of the applicant using a form adopted by the Director of the Department of Consumer and Business Services by rule.

�� (2) A person may not use favorable genetic information to induce the purchase of insurance.

�� (3) A person may not use genetic information to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms and conditions of or otherwise affect any policy for hospital or medical expenses.

�� (4) A person may not use genetic information about a blood relative to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms and conditions of or otherwise affect any policy of insurance.

�� (5) For purposes of this section, �blood relative,� �genetic information� and �genetic test� have the meanings given those terms in ORS 192.531. [1995 c.680 �8; 2001 c.588 �17]

�� 746.137 Reimbursement of private emergency responder�s actual expenses in emergency response. (1) As used in this section:

�� (a) �Emergency� has the meaning given that term in ORS 401.025.

�� (b) �Private emergency responder� means a private hazardous materials response team, and individuals working under the direction of the private hazardous materials response team, that provides subject matter expertise or technical experience that may be called upon to participate in the response to an emergency.

�� (2) When the insurer of a liable party is obligated to reimburse a private emergency responder for services provided in response to an emergency, the insurer shall reimburse the private emergency responder for the actual costs incurred for emergency response, including, but not limited to, costs associated with mobile laboratories, tools and equipment for handling hazardous materials and other specialized equipment. [2015 c.720 �2]

�� Note: 746.137 was added to and made a part of ORS chapter 746 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 746.140 Sale of life insurance with securities; written proposal; application of securities law. (1) Every insurer or insurance producer soliciting an offer to buy or selling life insurance in correlation with the sale of securities shall furnish the prospect with a clear and unambiguous written proposal prior to the signing of the application by the applicant.

�� (2) The written proposal shall be dated and signed by the insurance producer, or by the insurer if no insurance producer is involved, and left with the prospect. The written proposal shall be on a form which has been filed with the Director of the Department of Consumer and Business Services. If a sale is made of both life insurance and securities, a duplicate copy of the written proposal left with the buyer shall be retained by the insurer for a period of not less than three years.

�� (3) Each such proposal shall:

�� (a) State the name of the insurer in which the life insurance is to be written;

�� (b) State that the prospect has the right to purchase the life insurance only, the securities only or both the life insurance and the securities;

�� (c) Contain no misrepresentations or false, deceptive or misleading words, figures or statements;

�� (d) State all material facts without which the proposal would have the capacity or tendency to mislead or deceive; and

�� (e) Set forth all matters pertaining to life insurance, including premium charges, separately from matters not pertaining to life insurance.

�� (4) This section shall not be construed to affect the application of any other provision of law concerning or regulating securities. [Formerly 739.562; 2003 c.364 �139]

�� 746.145 Workers� compensation insurance; combination of group of employers; purpose; conditions. (1) Notwithstanding ORS 737.600, but subject to all other rate filing requirements of ORS chapter 737, an insurer may combine for dividend purposes the experience of a group of employers covered for workers� compensation insurance by the insurer, subject to applicable rules adopted by the Director of the Department of Consumer and Business Services, if:

�� (a) All the employers in the group are members of an organization.

�� (b) The employers in the group constitute at least 50 percent of the employers in the organization, unless the number of covered workers in the group exceeds 500, in which case the employers in the group must constitute at least 25 percent of the employers in the organization.

�� (c) The grouping of employers is likely to substantially improve accident prevention, claims handling for the employers and reduce expenses.

�� (2) This section does not apply to an organization of employers for which organization a workers� compensation policy was lawfully issued before October 4, 1977. The policy required by ORS 656.419 shall contain for each employer covered thereby the information required by ORS 656.419 (2). When an employer becomes an insured member of the organization the insurer shall, within 30 days after the date insured membership commenced, file a notice thereof with the director. [1977 c.405 �3; 1983 c.706 �3; 1990 c.1 �5; 2003 c.170 �11; 2007 c.241 �29]

�� 746.147 Workers� compensation insurance; quoting premiums. An insurer or insurance producer offering workers� compensation insurance in Oregon shall not quote projected net insurance premiums based upon figures that are discretionary or terms that are not guaranteed in the workers� compensation insurance policy. [1999 c.868 �3; 2003 c.364 �140]

�� Note: 746.147 was added to and made a part of ORS chapter 746 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 746.150 Other insurance; combination of experience of group of persons or risks; purpose; rules; conditions. (1) For property, inland marine, casualty or surety insurance, an insurer may combine for dividend purposes the experience of a group of persons or risks any of which are within this state, except for workers� compensation insurance done in compliance with ORS 746.145 and subject to rules adopted by the Director of the Department of Consumer and Business Services.

�� (2) The director shall make reasonable rules regarding such dividend groupings as an aid to the effectuation and enforcement of the Insurance Code. Such rules shall have as their purpose the prevention of misrepresentation, unfair discrimination and other unfair trade practices, and may among other things require that:

�� (a) Such a grouping comprises substantially homogeneous risks.

�� (b) The organization under the auspices of which such a grouping is made has been in existence for at least two years and was formed for purposes other than that of obtaining insurance.

�� (c) A substantial improvement in loss prevention or claims handling will be a likely result of such a grouping.

�� (d) Information regarding eligibility for participation in the grouping and the system for allocation of dividends among the participants be filed with the director.

�� (3) An insurer shall not unfairly discriminate in the allocation of dividends among the participants in such a dividend grouping.

�� (4) The system for allocation of dividends among the participants may provide for allocation at a fixed percentage of premiums, or may provide for variations in the percentage of premiums paid as dividends, or may provide for other variations in determining the amounts of dividends allocated to participants. The variations may be based on loss or expense factors or on other reasonable considerations, such as risk size, risk location or industry or trade hazard classification, that have a probable effect on losses or expenses.

�� (5) Failure to apply in a consistent manner the dividend allocation system specified in an insurer�s dividend declaration shall be prima facie evidence of unfair discrimination. [1977 c.405 �4; 1983 c.706 �4; 1999 c.59 �230]

�� 746.155 Applicability of ORS 746.145 and 746.150. ORS 746.145 and 746.150 do not apply to groupings or combinations of persons or risks by way of common ownership or common use and control as permitted under ORS 737.600. [1977 c.405 �2]

�� 746.160 Practices injurious to free competition. Except as otherwise expressly provided by law, no person, either within or outside of this state, directly or indirectly, shall enter into any contract, understanding or combination with any insurer or manager, agent or representative thereof for the purpose of, nor shall any such persons or insurers, jointly or severally do any act or engage in any practice for the purpose of:

�� (1) Controlling the rates to be charged, or the commissions or other compensations to be paid, for insuring any risk or class of risks in this state;

�� (2) Discriminating against or differentiating from any insurer, manager or agent, by reason of the plan or method of transacting business or the affiliation or nonaffiliation with any board or association of insurers, managers, agents or representatives; or

�� (3) Doing anything which is detrimental to free competition in the business or injurious to the insuring public. [Formerly 736.615]

�� 746.170 [Formerly 736.705; repealed by 1977 c.742 �9]

�� 746.180 [Formerly 736.715; repealed by 2003 c.363 �16]

�� 746.182 [1987 c.846 �18; 1989 c.701 �74; 1995 c.334 �5; 1997 c.831 ��6,6a; 2001 c.191 �57; 2001 c.377 �52; repealed by 2003 c.363 �16]

�� 746.185 [1977 c.742 �2; 1985 c.762 �189; 1997 c.631 �551; 2001 c.377 �52a; repealed by 2003 c.363 �16]

�� 746.190 [Formerly 736.725; repealed by 1977 c.742 �9]

�� 746.191 [1977 c.742 �3; 2003 c.14 �451; repealed by 2003 c.363 �16]

�� 746.195 Insurance on property securing loan or credit; certain practices by depository institutions prohibited. (1) A depository institution may not:

�� (a) Solicit the sale of insurance for the protection of real or personal property after a person indicates interest in securing a loan or credit extension, until the depository institution has agreed to make the loan or credit extension;

�� (b) Refuse to accept a written binder issued by an insurance producer as proof that temporary insurance exists covering the real or personal property that is the subject matter of, or security for, a loan or extension of credit, and that a policy of insurance will be issued covering that property. A written binder issued by an insurance producer or insurer covering real or personal property that is the subject matter of, or security for, a loan or extension of credit shall be effective until a policy of insurance is issued in lieu thereof, including within its terms the identical insurance bound under the binder and the premium therefor, or until notice of the cancellation of the binder is received by the borrower and the depository institution extending credit or offering the loan. When a depository institution closes on a binder under ORS 742.043, the insurance producer or insurer issuing the binder shall be bound to provide a policy of insurance, equivalent in coverage to the coverage set forth in the binder, within 60 days from the date of the binder. The provisions of this paragraph do not apply when prohibited by federal or state statute or regulations; or

�� (c) Use or disclose to any other insurance producer, other than the original insurance producer, the information relating to a policy of insurance furnished by a borrower unless the original insurance producer fails to deliver a policy of insurance within 60 days prior to expiration to the depository institution without first procuring the written consent of the borrower.

�� (2) As used in this section, �depository institution� means a financial institution as that term is defined in ORS 706.008. [1977 c.742 �4; 1987 c.916 �10; 2003 c.363 �12; 2003 c.364 �144a]

�� 746.200 [Formerly 736.735; repealed by 1977 c.742 �9]

�� 746.201 Depository institution to obtain required property insurance when borrower does not; notice required. (1) In a contract or loan agreement, or in a separate document accompanying the contract or loan agreement and signed by the mortgagor, borrower or purchaser, that provides for a loan or other financing secured by the mortgagor�s, borrower�s or purchaser�s real or personal property and that authorizes the secured party to place insurance on the property when the mortgagor, borrower or purchaser fails to maintain the insurance as required by the contract or loan agreement or the separate document, a warning in substantially the following form shall be set forth in 10-point type:

WARNING

�� Unless you provide us with evidence of the insurance coverage as required by our contract or loan agreement, we may purchase insurance at your expense to protect our interest. This insurance may, but need not, also protect your interest. If the collateral becomes damaged, the coverage we purchase may not pay any claim you make or any claim made against you. You may later cancel this coverage by providing evidence that you have obtained property coverage elsewhere.

�� You are responsible for the cost of any insurance purchased by us. The cost of this insurance may be added to your contract or loan balance. If the cost is added to your contract or loan balance, the interest rate on the underlying contract or loan will apply to this added amount. The effective date of coverage may be the date your prior coverage lapsed or the date you failed to provide proof of coverage.

�� The coverage we purchase may be considerably more expensive than insurance you can obtain on your own and may not satisfy any need for property damage coverage or any mandatory liability insurance requirements imposed by applicable law.

�� (2) Substantial compliance by a secured party with subsection (1) of this section constitutes a complete defense to any claim arising under the laws of this state challenging the secured party�s placement of insurance on the real or personal property in which the secured party has a security interest, for the protection of the secured party�s interest in the property.

�� (3) Nothing contained in this section shall be construed to require any secured party to place or maintain insurance on real or personal property in which the secured party has a security interest, and the secured party shall not be liable to the mortgagor, borrower or purchaser or to any other party as a result of the failure of the secured party to place or maintain such insurance.

�� (4) The failure of a secured party prior to January 1, 1996, to include in a contract or loan agreement, or in a separate document accompanying the contract or loan agreement, the notice set forth in subsection (1) of this section shall not be admissible in any court or arbitration proceeding or otherwise used to prove that a secured party�s actions with respect to the placement or maintenance of insurance on real or personal property in which the secured party has a security interest are or were unlawful or otherwise improper. A secured party shall not be liable to the mortgagor, borrower or purchaser or to any other party for placing such insurance in accordance with the terms of an otherwise legal contract or loan agreement with the mortgagor, borrower or purchaser entered into prior to January 1, 1996. [1977 c.742 �5; 1995 c.313 �3; 2003 c.363 �13]

�� 746.205 [1977 c.742 �6; repealed by 2003 c.363 �16]

�� 746.210 [Formerly 736.745; repealed by 1977 c.742 �9]

�� 746.211 [1977 c.742 �7; 1987 c.916 �11; repealed by 2003 c.363 �16]

�� 746.213 Definitions for ORS 746.213 to 746.219. As used in ORS 746.213 to 746.219:

�� (1) �Affiliate� means any company that controls, is controlled by or is under common control with another company.

�� (2) �Customer� means an individual who purchases, applies to purchase or is solicited to purchase insurance products primarily for personal, family or household purposes.

�� (3) �Depository institution� means a financial institution as that term is defined in ORS

ORS 737.355

737.355 (2), that rating organization shall be the designated statistical agent under this subsection.

�� (6) The ownership of the financial and statistical data submitted to a workers� compensation statistical agency is vested in the submitting member insurer. The financial and statistical data shall be confidential and may not be disclosed, provided that the ownership rights of an insurer shall not limit access by the director for the purposes of performing the regulatory duties of the Department of Consumer and Business Services. [1969 c.690 �11; 1981 c.535 �17; 1983 c.360 �2; 1987 c.884 �54; 1999 c.235 �2]

�� 737.230 Data must include certain information. The data collected and maintained by each insurer, rating organization or advisory organization pursuant to ORS 737.225 shall be in sufficient detail to demonstrate the statistical significance of differences or correlations relevant to the rating plan definitions and rate differentials. [1979 c.870 �6]

�� 737.235 Examining rating systems of insurers; costs. (1) The Director of the Department of Consumer and Business Services may make or cause to be made an examination of every insurer transacting any class of insurance to which the provisions of this chapter are applicable to ascertain whether such insurer and every rate and rating system used by it for every such class of insurance complies with the requirements and standards of this chapter.

�� (2) The officers, managers, agents and employees of any insurer, under examination, may be examined at any time under oath and shall exhibit all books, records, accounts, documents or agreements governing its method of operation, together with all data, statistics and information of every kind and character collected or considered by such insurer in the conduct of the operations to which such examination relates.

�� (3) The reasonable cost of any examination authorized by this section shall be paid by the organization or insurer to be examined including actual necessary transportation and traveling expenses.

�� (4) Notwithstanding any other provision of law, all reimbursable expenses collected by the director under subsection (3) of this section shall be deposited in the fund created by ORS 705.145 for the payment of expenses incurred in conducting the examinations authorized by this section. The moneys deposited shall be continuously appropriated for such purpose. [1969 c.690 �12; 1987 c.373 �83]

�� 737.245 Collusive ratings prohibited; liability for damages. In the event any insurer shall in collusion with any other insurer conspire to fix, set or adhere to insurance rates except as expressly sanctioned by the Insurance Code, such insurer shall be liable to any person damaged thereby for an amount equal to three times the amount of such damage together with the damaged party�s attorney fees. [1969 c.690 �13]

�� 737.255 Authority for cooperative ratings and systems. Subject to and in compliance with the provisions of this chapter authorizing insurers to be members or subscribers of rating or advisory organizations or to engage in joint underwriting or joint reinsurance, two or more insurers may act in concert with each other and with others with respect to any matters pertaining to the making of rates or rating systems, the preparation or making of insurance policy or bond forms, underwriting rules, surveys, inspections and investigations, the furnishing of loss or expense statistics or other information and data or carrying on of research. [1969 c.690 �17]

�� 737.265 Unauthorized adherence to rates, rating systems; workers� compensation insurance policy forms. (1) Members and subscribers of rating or advisory organizations may use the rates, rating systems, underwriting rules or policy or bond forms of such organizations, either consistently or intermittently, but, except as provided in ORS 737.275, 737.312, 737.365, 737.390, 737.526 and subsection (2) of this section, shall not agree with each other or rating organizations or others to adhere thereto. The fact that two or more authorized insurers, whether or not members or subscribers of a rating or advisory organization, use, either consistently or intermittently, the rates or rating systems made or adopted by a rating organization, or the underwriting rules or policy or bond forms prepared by a rating or advisory organization, shall not be sufficient in itself to support a finding that an agreement to so adhere exists, and may be used only for the purpose of supplementing or explaining any competent evidence of the existence of any such agreement.

�� (2) Each insurer transacting workers� compensation insurance shall adhere to the policy forms filed by the licensed workers� compensation rating organization of which the insurer is a member and approved by the Director of the Department of Consumer and Business Services. [1969 c.690 �19; 1971 c.385 �4; 1977 c.333 �1; 1981 c.535 �18; 1999 c.235 �3]

�� 737.270 Determination of workers� compensation premiums for worker leasing company; reporting statistical experience. (1) When a worker leasing company required to be licensed by ORS 656.850 provides workers to work for a client and also provides the workers� compensation coverage for those workers, the insurance premium for the client�s exposure shall be based on the client�s own experience rating, in the same manner as required for employers insuring directly employed workers.

�� (2) An insurer that provides workers� compensation to a worker leasing company shall maintain and report to the licensed workers� compensation rating organization of which the insurer is a member separate statistical experience for each client of the worker leasing company according to the uniform statistical plan prescribed by the Director of the Department of Consumer and Business Services according to ORS 737.225 (4).

�� (3) To reimburse expenses incurred by the insurer in segregating client experience, the insurer shall be permitted to charge the worker leasing company a reasonable fee as determined by the director.

�� (4) The worker leasing company shall earn a separate experience rating for any administrative personnel the company employs. [1993 c.628 �5; 1999 c.235 �4]

�� Note: The amendments to 737.270 by section 8, chapter 78, Oregon Laws 2025, become operative July 1, 2027. See section 23, chapter 78, Oregon Laws 2025. The text that is operative on and after July 1, 2027, is set forth for the user�s convenience.

�� 737.270. (1) When a professional employer organization required to be licensed by ORS 656.850 enters into a PEO relationship with a client and also provides the workers� compensation coverage for the client, the insurance premium for the client�s exposure shall be based on the client�s own experience rating, in the same manner as required for employers insuring directly employed workers.

�� (2) An insurer that provides workers� compensation to a professional employer organization shall maintain and report to the licensed workers� compensation rating organization of which the insurer is a member separate statistical experience for each client of the professional employer organization according to the uniform statistical plan prescribed by the Director of the Department of Consumer and Business Services according to ORS 737.225 (4).

�� (3) To reimburse expenses incurred by the insurer in segregating client experience, the insurer shall be permitted to charge the professional employer organization a reasonable fee as determined by the director.

�� (4) The professional employer organization shall earn a separate experience rating for any administrative personnel the professional employer organization directly employs.

�� 737.275 Preparation of rates, rating systems and other administrative matters by insurers under common ownership. With respect to any matters pertaining to the making of rates or rating systems, the preparation or making of insurance policy or bond forms, underwriting rules, surveys, inspections and investigations, the furnishing of loss or expense statistics or other information and data, or carrying on of research, two or more admitted insurers having a common ownership or operating in this state under common management or control are hereby authorized to act in concert between or among themselves the same as if they constituted a single insurer, and to the extent that such matters relate to co-surety bonds, two or more admitted insurers executing such bonds are hereby authorized to act in concert between or among themselves the same as if they constituted a single insurer. [1969 c.690 �21]

�� 737.280 [Formerly 737.010; repealed by 1969 c.690 �29]

�� 737.290 [1967 c.359 �305; repealed by 1969 c.690 �29]

�� 737.300 [1967 c.359 �306; repealed by 1969 c.690 �29]

�� 737.305 [Repealed by 1967 c.359 �704]

�� 737.310 Method of rate making; factors considered; effect of wildfire risk mitigation actions; rules. The following standards shall apply to the making and use of rates:

�� (1) Rates shall not be excessive, inadequate or unfairly discriminatory.

�� (2) As to all classes of insurance, other than workers� compensation and title insurance:

�� (a) No rate shall be held to be excessive unless:

�� (A) Such rate is unreasonably high for the insurance provided; and

�� (B) A reasonable degree of competition does not exist in the area with respect to the classification to which such rate is applicable.

�� (b) No rate shall be held inadequate unless such rate is unreasonably low for the insurance provided and:

�� (A) Use or continued use of such rate endangers the solvency of the insurer; or

�� (B) The use of such rate by the insurer has, or if continued will have, the effect of destroying competition or creating a monopoly.

�� (3) Rates for each classification of coverage shall be based on the claims experience of insurers within Oregon on that classification of coverage unless that experience provides an insufficient base for actuarially sound rates.

�� (4) Due consideration shall be given to past and prospective loss experience within this state, to the hazards of conflagration and catastrophe, to a reasonable margin for profit and to contingencies, to dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers, to past and prospective expenses specially applicable to this state, and to all other relevant factors, including judgment factors deemed relevant, within this state.

�� (5) In addition to subsection (4) of this section, rates for home protection insurance may include provision for unreimbursed costs of risk inspection and for loss costs under policies which are terminated without premium because the related home sale is not made.

�� (6) In the case of fire insurance rates, consideration may be given to the experience of the fire insurance business during the most recent five-year period for which such experience is available.

�� (7) The systems of expense provisions included in the rates for use by any insurer or group of insurers may differ from those of other insurers or groups of insurers to reflect the requirements of the operating methods of any such insurer or group of insurers with respect to any class of insurance, or with respect to any subdivision or combination thereof for which subdivision or combination separate expenses are applicable.

�� (8) Risks may be grouped by classifications for the establishment of rates and minimum premiums. Classification rates for casualty, surety or inland marine risks may be modified to produce rates for individual risks in accordance with rating plans which establish standards for measuring variations in hazards or expense provisions or both. Such standards may measure any differences among risks that can be demonstrated to have a probable effect upon losses or expenses.

�� (9) Due consideration shall be given, in the making and use of rates for all insurance, to investment income earned by the insurer, to insurer profits and to accumulated reserves for vocational rehabilitation services and for claim costs related to orders or awards made pursuant to ORS 656.278.

�� (10) The Director of the Department of Consumer and Business Services, by rule, shall prescribe the conditions under which a division of payroll between different manual classifications is permitted for purposes of computing workers� compensation premiums.

�� (11)(a) The director shall not approve any workers� compensation rating system that does not include a plan for rewarding employers, however small, that have good loss experience or programs likely to improve accident prevention. However, this paragraph is not intended to require that all employers be experience rated.

�� (b) The director shall not approve any workers� compensation rating system that does not allow the insurer to include potential third party recovery as one of the variables in the claims reserving process.

�� (12) At the time an insurer issues a workers� compensation insurance policy to an insured for the first time, the insurer shall give written notice to the insured of the rating classifications to which the insured�s employees are to be assigned and shall provide an adequate description of work activities in each classification. In the event an insurer recommences coverage following its termination, the notice required under this subsection must be given only if the gap in coverage exceeds six months.

�� (13) If an insurer determines the workers� compensation insurance policy of an insured needs reclassification, the insurer:

�� (a) May bill an additional premium for the revised classification after the insurer has provided the insured at least 60 days� written notice of the reclassification.

�� (b) Shall bill retroactively to policy inception or date of change in insured�s operations for any reclassification that results in a net reduction of premium.

�� (c) May, notwithstanding paragraph (a) of this subsection, retroactively bill an insured for reclassification during the policy year without prior notice of reclassification if the insurer shows by a preponderance of the evidence that:

�� (A) The insured knew that the employees were misclassified, or the insured was adequately informed by the insurer of the proper classification for the insured�s employees;

�� (B) The insured provided improper or inaccurate information concerning its operations; or

�� (C) The insured�s operations changed after the date information on the employees was obtained from the insured.

�� (14) In consultation with system participants, the director shall analyze the rating classification system to investigate changes that simplify the system and reduce costs for employers and insurers while preserving rate equity and minimizing the potential for abuse. The director shall give particular emphasis to the method of allocating payroll to rating classifications and to alternatives to methods that require verifiable payroll records. Upon completion of this analysis, the director shall implement appropriate changes to the system.

�� (15) The director shall adopt rules to carry out the provisions of this section and may by rule specify procedures relating to rating and ratemaking by workers� compensation insurers.

�� (16) A rate increase based solely upon an insured�s attaining or exceeding 65 years of age shall be presumed to be unfairly discriminatory unless the increase is clearly based on sound actuarial principles or is related to actual or reasonably anticipated experience.

�� (17) An insurer offering homeowner insurance, as defined in ORS 746.600, in this state shall:

�� (a) Make information on whether and how wildfire risk mitigation actions, as defined in ORS 742.277, may impact the insurer�s underwriting and rates publicly available on the insurer�s website.

�� (b) Reflect in the insurer�s underwriting guidelines and rate plans how the insurer addresses or considers wildfire risk mitigation actions, as defined in ORS 742.277. [Amended by 1967 c.359 �307; 1969 c.690 �3; 1981 c.247 �15; 1981 c.535 �19; 1981 c.874 �19; 1983 c.360 �1; 1987 c.676 �1; 1987 c.774 �146; 1987 c.884 �52; 1991 c.768 �1; 1997 c.766 �1; 1997 c.768 �1; 2023 c.67 �2]

�� 737.312 Agreements among insurers for assignment of risks; rate modifications. Agreements may be made among insurers with respect to the equitable apportionment among them of insurance which may be afforded applicants who are in good faith entitled to such insurance but who are unable to procure such insurance through ordinary methods. Such insurers may agree among themselves on the use of reasonable rate modifications for such insurance, such agreements and rate modifications to be subject to the approval of the Director of the Department of Consumer and Business Services. [Formerly 737.180]

�� 737.315 [Amended by 1967 c.359 �309; 1967 c.366 �1; repealed by 1969 c.690 �29]

�� 737.316 Combining employers for workers� compensation insurance; conditions. Notwithstanding ORS 737.600, but subject to all other rate filing requirements of this chapter, an insurer may combine for rating purposes the experience of a group of employers covered for workers� compensation insurance by the insurer, subject to applicable rules adopted by the Director of the Department of Consumer and Business Services, if:

�� (1) All the employers in the group are members of an organization.

�� (2) The employers in the group constitute at least 50 percent of the employers in the organization, unless the number of covered workers in the group exceeds 500, in which case the employers in the group must constitute at least 25 percent of the employers in the organization.

�� (3) The grouping of employers is likely to substantially improve accident prevention, claims handling for the employers and reduce expenses. [1983 c.706 �6; 1990 c.1 �4]

�� 737.318 Premium audit program for workers� compensation insurance; rules; penalties. (1) A workers� compensation insurer shall maintain a premium audit program to aid in achieving equitable premium charges to Oregon employers and for the collection of credible statewide data for ratemaking.

�� (2) The Director of the Department of Consumer and Business Services shall prescribe by rule a premium audit program system for workers� compensation insurance.

�� (3) The premium audit system shall include provisions for:

�� (a) Employer education of the audit reporting function of the rating system;

�� (b) A continuing test audit program providing for auditing of all insurers;

�� (c) A continuous monitoring of the audit program system pursuant to ORS 737.235;

�� (d) An appeal process pursuant to ORS 737.505 for employers to question the results of a premium audit. This process must include written notification to the employer that is included in the final premium audit billing that informs the employer of appeal rights to the director under ORS 737.505, of the requirement that a written request to initiate an appeal must be received by the director not later than the 60th day after the employer receives the final premium audit billing and of any other information the director may request by rule; and

�� (e) Civil penalties pursuant to ORS 731.988 for violations of prescribed standards of the premium audit system.

�� (4) Notwithstanding ORS 737.505, the provisions of this section apply to all premium audit disputes between employers and insurers in existence on July 20, 1987, regardless of the policy year involved or the date of the final audit billing. [1987 c.884 �8; 1999 c.1020 �5]

�� 737.320 Review of certain filings; effective date of filings; investigation and evaluation of workers� compensation rate filings. (1) The Director of the Department of Consumer and Business Services shall review title insurance filings, and each workers� compensation insurance filing, as soon as reasonably possible after they have been made in order to determine whether they meet the requirements of this chapter.

�� (2) The effective date of each title and workers� compensation insurance filing shall be the date specified therein but not earlier than the 30th day after the date the filing is received by the director or from the date of receipt of the information furnished in support of a filing or specific portions of such filing if such supporting information is required by the director. The waiting period may be extended by the director for not more than 30 days if the director gives written notice within such waiting period to the insurer or rating organization which made the filing that the director needs such additional time for the consideration of such filing or specific portions of such filing. Upon written application by such insurer or rating organization, the director may authorize a filing or specific portions of such filing, which the director has reviewed, to become effective before the expiration of the waiting period. A filing or portions of a filing shall be deemed to meet the requirements of this chapter unless disapproved by the director within the waiting period or any extension thereof.

�� (3) Filings of workers� compensation rates, rating plans and rating systems by a workers� compensation rating organization shall be limited to provisions for claim payment approved or established by the director, and shall not include allowances for or recognition of expenses, taxes or profit. A workers� compensation rating organization shall make such filings with the director, which filings shall be subject to this section. The organization shall also file the workers� compensation policy forms to be used by its members. The filing shall include a report of investment income.

�� (4) Filings of workers� compensation rates by an insurer shall specify allowances for expenses, taxes and profits.

�� (5) The director shall investigate and evaluate all workers� compensation filings to determine whether the filings meet the requirements of this chapter. The director shall employ such experts and other personnel as may be reasonably necessary to make such investigation and evaluation, the cost of which shall be paid out of the fund created under ORS 705.145.

�� (6) Notwithstanding the provisions of ORS 737.205 (1), the director may require any person to comply with the requirements of subsection (2) of this section if the director has good cause to believe that a reasonable degree of competition does not exist in the area with respect to the classification to which such rate is applicable.

�� (7) The director may require insurers to use, as that portion of a rate filing that constitutes the amount for claim payment, rates prescribed by the director based upon rating information determined pursuant to ORS 731.216 (3). [Amended by 1967 c.359 �310; 1969 c.690 �5; 1973 c.353 �1; 1981 c.535 �20; 1981 c.874 �20; 1985 c.706 �5; 1987 c.373 �83a; 1987 c.884 �51; 1989 c.171 �83; 1989 c.700 �12]

�� 737.322 Rating plan approval; rules; hearing on disapproval; costs. Notwithstanding any other provision of this chapter:

�� (1) The Director of the Department of Consumer and Business Services shall adopt rules providing for approval of workers� compensation rating plans that include provisions allowing for reasonable retroactive application of experience rating modification factors. Nothing in this subsection affects retrospective rating plans.

�� (2) If the director disapproves a workers� compensation rate or rating plan and the insurer or rating organization requests a hearing before the director, the burden of proof is upon the insurer or rating organization to prove that the filing meets the requirements of this chapter.

�� (3) If the director holds a hearing on an order disapproving a workers� compensation rate, rating plan or rating system, the insurer or rating or advisory organization filing or using the rate, rating plan or rating system shall pay to the director the just and legitimate costs of the hearing, including actual necessary expenses. [1987 c.884 �49; 2007 c.275 �1]

�� 737.325 Suspension or modification of filing requirement; rules; excess rates for specific risks. (1) Under such rules and regulations as the Director of the Department of Consumer and Business Services adopts, the director, by written order, may suspend or modify the requirement of filing as to any class of insurance, or subdivision or combination thereof, or as to classes of risks, for which the rates cannot practicably be filed before they are used. Such orders, rules and regulations shall be made known to insurers and rating organizations affected thereby. The director may make such examination as the director deems advisable to ascertain whether any rates affected by such order meet the standards set forth in ORS 737.310.

�� (2) Upon the written application of the insured, stating the reasons therefor, filed with the director and approved by the director, a rate in excess of that provided by a filing otherwise applicable may be used on any specific risk. [Amended by 1967 c.359 �311]

�� 737.330 Contracts to comply with effective filings; exception. (1) No insurer shall make or issue a policy except in accordance with the filings which are in effect for the insurer as provided in this chapter.

�� (2) This section does not apply to policies for inland marine risks as to which filings are not required. [Amended by 1967 c.359 �312; 1969 c.690 �6]

�� 737.335 [Repealed by 1967 c.359 �704]

�� 737.336 Disapproval of filings by director; noncompliance with chapter. (1) If within the waiting period or the extension thereof, if any, as provided in ORS 737.320 (2), the Director of the Department of Consumer and Business Services finds that a filing does not meet the requirements of this chapter, the director shall send to the insurer or rating organization which made such filing written notice of disapproval of such filing, specifying therein in what respects the director finds such filing fails to meet the requirements and stating that such filing shall not become effective.

�� (2) If the director has reason to believe that an insurer or rating or advisory organization is not complying with the requirements and standards of this chapter other than the requirements and standards dealing with rates, rating plans or rating systems, unless the director has reason to believe such noncompliance is willful, the director shall give notice in writing to such insurer or rating or advisory organization stating in what manner such noncompliance is alleged to exist and specifying a reasonable time, not less than 10 days after the date of mailing, in which such noncompliance may be corrected. [1967 c.359 �313; 1969 c.690 �7; 1987 c.774 �144]

�� 737.340 Initiation of proceedings by aggrieved person to determine lawfulness of filings; hearing. (1) Any person aggrieved with respect to any filing that is in effect, other than the insurer or rating organization that made the filing, may make written application to the Director of the Department of Consumer and Business Services for a hearing on the filing. The application shall specify the grounds to be relied upon by the applicant.

�� (2) If the director finds that the application is made in good faith, that the applicant would be so aggrieved if the grounds are established, and that such grounds otherwise justify holding such a hearing, the director shall do one of the following:

�� (a) Issue an order under ORS 737.045 (1). The director shall not act under this paragraph if the filing concerns a rate, rating plan or rating system subject to ORS 737.320 (1).

�� (b) Hold a hearing, within 30 days after receipt of such application, at a place designated by the director and upon not less than 10 days� written notice to the applicant and to the insurer or rating organization that made the filing. [Amended by 1967 c.359 �314; 1969 c.690 �9; 1987 c.774 �145]

�� 737.342 Hearing and order procedure. Conduct of the hearing, issuance of orders pursuant thereto and judicial review of orders shall be as provided in ORS chapter 183. [1971 c.734 �181]

�� 737.345 [Amended by 1967 c.359 �315; repealed by 1969 c.690 �29]

�� 737.346 [Formerly 737.512; 1977 c.428 �5; 1979 c.850 �4; 1983 c.754 �1; 1985 c.484 �1; 1987 c.774 �71; 1995 c.79 �362; 1995 c.278 �58; 1995 c.306 �40; renumbered 737.600 in 1999]

�� 737.348 [Formerly 736.170; 1975 c.556 �50; repealed by 1977 c.405 �6]

RATING ORGANIZATIONS

�� 737.350 Application for license by rating organization. No rating organization shall conduct its operations in this state without first filing with the Director of the Department of Consumer and Business Services a written application for a license as a rating organization for such classes of insurance, or subdivision or class of risk or a part or combination thereof as are specified in its application and shall file therewith:

�� (1) A copy of its constitution, its articles of agreement or association or its certificate of incorporation, and of its bylaws, rules and regulations governing the conduct of its business.

�� (2) A list of its members and subscribers.

�� (3) The name and address of a resident of this state upon whom notices or orders of the director or process affecting such rating organization may be served.

�� (4) A statement of its qualifications as a rating organization. This statement shall be on forms prescribed and furnished by the director and shall include:

�� (a) In the case of a fire insurance rating organization, a showing as to its facilities for inspecting and surveying the various municipalities and fire risks in this state and for inspecting and surveying in this state the facilities for the preventing, confining and extinguishing of fires and such other information as the director may require; and

�� (b) In the case of a title insurance rating organization, a showing that adequate representation, as determined by the director, is provided for title insurance producers. [Amended by 1967 c.359 �318; 1969 c.690 �18; 1979 c.501 �2; 2003 c.364 �97]

�� 737.355 Licensing rating organizations generally; licensing workers� compensation rating organizations; rules; revocation and suspension; fees. (1) If the Director of the Department of Consumer and Business Services finds that the applicant represents a credible statistical base, is competent, trustworthy and otherwise qualified to act as a rating organization and that its constitution, articles of agreement or association or certificate of incorporation, and its bylaws, rules and regulations governing the conduct of its business conform to the requirements of law, the director shall issue a license specifying the classes of insurance, or subdivision or class of risk or a part or combination thereof for which the applicant is authorized to act as a rating organization. Each application shall be granted or denied in whole or in part by the director within 60 days of the date of its filing with the director.

�� (2) The director need not issue a license to each workers� compensation rating organization that meets the qualifications and requirements of subsection (1) of this section. Instead, the director may issue licenses to one or more qualifying workers� compensation rating organizations pursuant to a selection process established by rule. At the end of the period for which one or more licenses are issued, the director may do the following pursuant to the selection process established by rule under this subsection:

�� (a) Renew a license or issue a license to another workers� compensation rating organization; and

�� (b) Renew or issue licenses to more than one workers� compensation rating organization.

�� (3) A license issued pursuant to this section shall remain in effect for three years unless suspended or revoked by the director. The license fee shall be as established by the director. A license issued pursuant to this section may be suspended or revoked by the director, after a hearing upon notice, in the event the rating organization ceases to meet the requirements of this section. If a license is issued to only one workers� compensation rating organization and the license is suspended or revoked, the director may issue a license to another workers� compensation rating organization for the remainder of the period for which the suspended or revoked license was issued.

�� (4) Each rating organization shall notify the director promptly of every change regarding matters listed in ORS 737.350 (1), (2) and (3).

�� (5) As a condition of receiving and holding its license, a workers� compensation rating organization must exchange data with other licensed workers� compensation rating organizations pursuant to rules adopted by the director that may include establishing fees for the exchange of data. [Amended by 1967 c.359 �319; 1971 c.385 �5; 1989 c.413 �9; 1999 c.235 �1]

�� 737.360 Rating organization to accept insurers as subscribers; rules of organization to be reasonable; review of applications for subscribership and of reasonableness of rules. (1) Subject to rules and regulations which have been approved by the Director of the Department of Consumer and Business Services as reasonable, each rating organization shall permit any insurer, not a member, to be a subscriber to its rating services for any class of insurance, subdivision or class of risk or a part or combination thereof for which it is authorized to act as a rating organization. Notice of proposed changes in such rules and regulations shall be given to subscribers.

�� (2) Each rating organization shall furnish its rating services without discrimination to its members and subscribers. Any rating organization may subscribe to or purchase actuarial, technical or other services, and such services shall be available to all members and subscribers without discrimination.

�� (3) The reasonableness of any rule or regulation in its application to subscribers, or the refusal of any rating organization to admit an insurer as a subscriber, at the request of any subscriber or any such insurer, shall be reviewed by the director at a hearing held at a place designated by the director and upon at least 10 days� written notice to such rating organization and to such subscriber or insurer. If the director finds that such rule or regulation is unreasonable in its application to subscribers, the director shall order that such rule or regulation shall not be applicable to subscribers. If the rating organization fails to grant or reject an insurer�s application for subscribership within 30 days after it was made, the insurer may request a review by the director as if the application had been rejected. If the director finds that the insurer has been refused admittance to the rating organization as a subscriber without justification, the director shall order the rating organization to admit the insurer as a subscriber. If the director finds that the action of the rating organization was justified, the director shall make an order affirming its action.

�� (4) No rating organization shall adopt any rule, the effect of which would be to prohibit or regulate the payment of dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers. [Amended by 1967 c.359 �320]

�� 737.365 Cooperative activities among rating organizations and insurers. (1) Cooperation among rating organizations or among rating organizations and insurers in rate making or in other matters within the scope of this chapter hereby is authorized, provided the filings resulting from such cooperation are subject to and consistent with those sections which are applicable to filings generally.

�� (2) The Director of the Department of Consumer and Business Services may review such cooperative activities and practices and if, after a hearing, the director finds that any such activity or practice is unfair or unreasonable or otherwise inconsistent with this chapter, the director may issue a written order specifying in what respects such activity or practice is unfair or unreasonable or otherwise inconsistent with those sections and requiring the discontinuance of such activity or practice. [Amended by 1967 c.359 �321; 1969 c.690 �20]

�� 737.370 [Amended by 1967 c.359 �322; repealed by 1969 c.690 �29]

�� 737.375 [Amended by 1967 c.359 �323; repealed by 1969 c.690 �29]

�� 737.380 [Amended by 1967 c.359 �324; repealed by 1969 c.690 �29]

�� 737.385 [Repealed by 1967 c.359 �704]

�� 737.386 [1967 c.359 �325; repealed by 1969 c.690 �29]

�� 737.390 Regulation of joint underwriting and joint reinsurance. No group, association or other organization of insurers which engages in joint underwriting or joint reinsurance shall engage in any activity which is unfair, unreasonable or otherwise inconsistent with the provisions of this chapter. [Amended by 1967 c.359 �326; 1969 c.690 �22]

�� 737.505 Insured entitled to rate information; remedies of aggrieved persons. (1) Every rating organization and every insurer which makes its own rates, within a reasonable time after receiving written request therefor and upon payment of such reasonable charge as it may make, shall furnish to any insured affected by a rate made by it, or to the authorized representative of such insured, all pertinent information as to such rate.

�� (2) Every rating organization and every insurer which makes its own rates shall provide within this state reasonable means whereby any person aggrieved by the application of its rating system may be heard, in person or by the authorized representative, on written request by the person or authorized representative to review the manner in which such rating system has been applied in connection with the insurance afforded the person. If the rating organization or insurer fails to grant or reject such request within 30 days after it is made, the applicant may proceed in the same manner as if the application had been rejected.

�� (3) Any party affected by the action of such rating organization or such insurer on such request, within 30 days after written notice of such action, may appeal to the Director of the Department of Consumer and Business Services, who, after a hearing held at a place designated by the director upon not less than 10 days� written notice to the appellant and to such rating organization or insurer, shall affirm or reverse such action.

�� (4) Appeals to the director pursuant to ORS 737.318 with regard to a final premium audit billing must be made within 60 days after receipt of the billing.

�� (5) The director may, upon a showing of good cause, stay any workers� compensation insurer�s collection effort on a final premium audit billing during the pendency of an appeal authorized by subsection (4) of this section. [Amended by 1967 c.359 �327; 1987 c.884 �6]

�� 737.510 Advisory organizations; registration; jurisdiction of director to restrict unfair practices. (1) Every advisory organization shall file with the Director of the Department of Consumer and Business Services:

�� (a) A copy of its constitution, its articles of agreement or association or its certificate of incorporation and of its bylaws, rules and regulations governing its activities.

�� (b) A list of its members.

�� (c) The name and address of a resident of this state upon whom notices may be served.

�� (d) An agreement that the director may examine such advisory organization in accordance with ORS

ORS 739.310

739.310]

�� 743.154 Acceleration of death benefits; rules. (1) A life insurance policy or a rider to a life insurance policy may provide for the acceleration of death benefits as part of the life insurance coverage. For purposes of this section, accelerated death benefits are benefits that:

�� (a) Are payable to the policy owner or certificate holder during the lifetime of the insured, in anticipation of death or upon the occurrence of specified life-threatening or catastrophic conditions as defined by the policy or rider;

�� (b) Reduce the death benefit otherwise payable under the life insurance policy; and

�� (c) Are payable upon the occurrence of a single qualifying event that results in the payment of a benefit amount fixed at the time of acceleration.

�� (2) For purposes of this section, a qualifying event is one or more of the following:

�� (a) A medical condition that will result in a drastically limited life span, as specified in the policy or rider, not exceeding 24 months.

�� (b) A medical condition that has required or requires extraordinary medical intervention, such as a major organ transplant or continuous artificial life support, without which the insured would die.

�� (c) Any condition that usually requires continuous confinement in an eligible institution, as defined in the policy or rider, if the insured is expected to remain there for the rest of the insured�s life.

�� (d) A medical condition that in the absence of extensive or extraordinary medical treatment will result in a drastically limited life span. Such conditions may include but are not limited to one or more of the following:

�� (A) Coronary artery disease resulting in an acute infarction or requiring surgery;

�� (B) Permanent neurological deficit resulting from cerebral vascular accident;

�� (C) End-stage renal failure; or

�� (D) Human immunodeficiency virus or acquired immune deficiency syndrome.

�� (e) Any other event determined by the Director of the Department of Consumer and Business Services to be life-threatening.

�� (3) A policy or rider that provides for the acceleration of death benefits:

�� (a) Must also provide for the continuation of the policy as to the amount of the death benefit that is not accelerated.

�� (b) Must allow the policy owner or the certificate holder to request payment at any time during the period that the qualifying event continues.

�� (4) A policy or rider that provides for the acceleration of death benefits under this section shall not be described or marketed by an insurer as long term care insurance or as providing long term care benefits.

�� (5) The director shall adopt rules establishing minimum benefits, criteria for the payment of accelerated benefits, disclosure requirements and actuarial standards. [1991 c.571 �2; 1993 c.17 �1; 2019 c.280 �15]

�� 743.156 Statement of premium. A life insurance policy shall contain a provision separately stating the premium for each benefit provision of the policy for which such separate statement is necessary, as determined by the Director of the Department of Consumer and Business Services, to give adequate disclosure of the terms of the policy. [1967 c.359 �374]

(Individual Life Insurance Policies)

�� 743.159 Scope of ORS 743.162 to 743.243. ORS 743.162 to 743.243 apply only to policies of life insurance other than group life insurance, and do not apply to annuity or pure endowment policies. Such sections apply to such policies that are policies of variable life insurance, except to the extent the provisions of such sections are obviously inapplicable to variable life insurance or are in conflict with other provisions of such sections that are expressly applicable to variable life insurance. [1967 c.359 �375; 1973 c.435 �16]

�� 743.162 Payment of premium. A life insurance policy shall contain a provision relating to the time and place of payment of premium. [1967 c.359 �376]

�� 743.165 Grace period. A life insurance policy shall contain a provision that a grace period of 30 days, or, at the option of the insurer, of one month of not less than 30 days, or of four weeks in the case of industrial life insurance policies the premiums for which are payable more frequently than monthly, shall be allowed within which the payment of any premium after the first may be made, during which period of grace the policy shall continue in full force. The insurer may impose an interest charge not in excess of six percent per annum for the number of days of grace elapsing before the payment of the premium. If a claim arises under the policy during such period of grace the amount of any premium due or overdue, together with interest and any deferred installment of the annual premium, may be deducted from the policy proceeds. [1967 c.359 �377]

�� 743.168 Incontestability. (1) A life insurance policy shall contain a provision that the policy shall be incontestable after it has been in force for two years from its date of issue during the lifetime of the insured, except for nonpayment of premiums. At the option of the insurer the two-year limit within which the policy may be contested shall not apply to the provisions for benefits in the event of total and permanent disability and provisions which grant additional insurance specifically against death by accident.

�� (2) A provision in a life insurance policy providing that such policy shall be incontestable after a specified period shall preclude only a contest of the validity of the policy, and shall not preclude the assertion at any time of defenses based upon provisions in the policy which exclude or restrict coverage, whether or not such restrictions or exclusions are excepted in such provision. [1967 c.359 �378]

�� 743.171 Incontestability and limitation of liability after reinstatement. (1) A reinstated policy of life insurance may be contested on account of fraud or misrepresentation of facts material to the reinstatement only for the same period following reinstatement, and with the same conditions and exceptions, as the policy provides with respect to contestability after original issuance.

�� (2) When any policy of life insurance is reinstated, such reinstated policy may exclude or restrict liability to the same extent that such liability could have been or was excluded or restricted when the policy was originally issued, and such exclusion or restriction shall be effective from the date of reinstatement. [1967 c.359 �379]

�� 743.174 Entire contract. A life insurance policy shall contain a provision that the policy constitutes the entire contract between the parties. [1967 c.359 �380]

�� 743.177 Statements of insured. A life insurance policy shall contain a provision that all statements made by or on behalf of the insured shall, in the absence of fraud, be deemed representations and not warranties, and that no such statement shall be used in defense of a claim under the policy unless contained in a written application and unless a copy of such application is indorsed upon or attached to the policy when issued. [1967 c.359 �381]

�� 743.180 Misstatement of age. A life insurance policy shall contain a provision that if it is found at any time before final settlement under the policy that the age of the insured or of any other person whose age is considered in determining the premium or benefit accruing under the policy has been misstated, the amount payable or benefit accruing under the policy shall be such as the premium would have purchased at the correct age or ages, or the premium may be adjusted and credit given to the insured or to the insurer, according to the insurer�s published rate at date of issue. [1967 c.359 �382]

�� 743.183 Dividends. (1) A life insurance policy other than a nonparticipating policy shall contain a provision that the policy shall participate in the divisible surplus of the insurer annually, beginning not later than the end of the third policy year. Any policy containing provision for participation beginning at the end of the first or the second policy year may provide that dividends for either or both of such years shall be paid subject to the payment of the premium for the next ensuing year. The owner of the policy shall have the right each year to have the dividend arising from such participation paid in cash, and if the policy provides other dividend options, it shall further provide which dividend option is effective if the owner does not elect one of such options on or before the expiration of the period of grace allowed for the payment of the premium.

�� (2) In participating industrial life insurance policies, in lieu of the provision required in subsection (1) of this section, there shall be a provision that, beginning not later than the end of the fifth policy year, the policy shall participate annually in the divisible surplus in the manner set forth in the policy.

�� (3) This section does not apply to any form of paid-up insurance or temporary insurance or endowment insurance issued or granted in exchange for lapsed or surrendered policies. [1967 c.359 �383]

�� 743.186 Policy loan. (1) A life insurance policy shall contain a provision that after three full years� premiums have been paid and after the policy has a cash surrender value and while no premium is in default beyond the grace period for payment, the insurer will advance, on proper assignment or pledge of the policy and on the sole security thereof, an amount equal to or, at the option of the party entitled thereto, less than the loan value of the policy, at a rate of interest not exceeding the maximum rate permitted by the policy loan provision. The interest rate provision shall comply with ORS 743.187. The loan value of the policy shall be equal to the cash surrender value at the end of the then current policy year, less any existing indebtedness not already deducted in determining such cash surrender value including any interest then accrued but not due, any unpaid balance of the premium for the current policy year, and interest on the loan to the end of the current policy year. The policy may also provide that:

�� (a) Interest on any indebtedness that is 90 or more days past due shall be added to the existing indebtedness and shall bear interest at the rate applicable to the existing indebtedness; and

�� (b) Except as provided in ORS 743.187, if the total indebtedness on the policy, including interest due or accrued, equals or exceeds the amount of the loan value of the policy, the policy shall terminate and become void upon 30 days� notice by the insurer mailed to the last-known address of the insured or other policy owner and of any assignee of record at the home office of the insurer.

�� (2) The policy shall reserve to the insurer the right to defer the granting of a loan, other than for the payment of any premium to the insurer, for six months after application therefor.

�� (3) The policy, at the insurer�s option, may provide for automatic premium loan.

�� (4) This section does not apply to term insurance policies or term insurance benefits provided by rider or supplemental policy provisions, or to industrial life insurance policies. [1967 c.359 �384; 1975 c.575 �1; 1981 c.412 �18; 2001 c.318 �12]

�� 743.187 Maximum interest rate on policy loan; adjustable interest rate. (1) Except as provided otherwise in this section, the maximum interest rate in the policy loan provision required by ORS 743.186 shall be eight percent per year. The insurer may include in the policy loan provision, in lieu of a fixed maximum interest rate, a provision for an adjustable interest rate. The adjustable interest rate provision must comply with this section. A limitation on interest rates under state law, other than a limitation contained in the Insurance Code, shall not apply to interest rates for life insurance policy loans unless the limitation specifically applies to life insurance policy loans.

�� (2) The adjustable interest rate provision:

�� (a) Shall state in substance that in accordance with the policy and the law of the jurisdiction in which the policy is delivered, the insurer will establish from time to time the interest rate for an existing or a new policy loan; and

�� (b) Shall set forth the dates on which the insurer will determine policy loan interest rates. These determination dates shall be at regular intervals no longer than one year and no shorter than three months.

�� (3) The maximum interest rate permitted for a policy loan under the adjustable interest rate provision shall be established by the provision as the higher of:

�� (a) The interest rate used to calculate cash surrender values under the policy during the same period, plus one percent; and

�� (b) The Moody�s Corporate Bond Yield Average - Monthly Average Corporates, as published by Moody�s Investors Service, Inc., for the calendar month which precedes by two months the month in which the determination date for the policy loan interest rate falls. However, if the Moody�s Corporate Bond Yield Average - Monthly Average Corporates is no longer published by Moody�s Investors Service, Inc., or if the National Association of Insurance Commissioners determines that the Moody�s Corporate Bond Yield Average - Monthly Average Corporates is no longer an appropriate rate for this purpose, the Director of the Department of Consumer and Business Services by rule may establish the method of determining the rate under this paragraph. The director�s rule, to the maximum extent reasonable, shall be consistent with the pertinent actions of the National Association of Insurance Commissioners.

�� (4) On any date specified in the adjustable interest rate provision of the policy for determining the policy loan interest rate:

�� (a) The insurer may increase the existing rate if the maximum rate permitted by the provision exceeds the existing rate by at least one-half of one percent. The increase shall not be less than one-half of one percent or more than the amount by which the permitted maximum rate exceeds the existing rate; and

�� (b) The insurer shall decrease the existing rate if the existing rate exceeds the maximum rate permitted by the provision by at least one-half of one percent. The decrease shall not be less than the amount by which the existing rate exceeds the permitted maximum rate.

�� (5) The insurer under the adjustable interest rate provision shall give notice of the policy loan interest rate and related matters to the policy owner and all other persons entitled to notice by the policy, as follows:

�� (a) In the case of a loan other than for payment of a premium to the insurer, the insurer shall give notice of the initial interest rate on the loan when the loan is made.

�� (b) In the case of a loan for payment of a premium to the insurer, the insurer shall give notice of the initial interest rate on the loan as soon as reasonably practicable after the loan is made. However, the insurer need not give this notice when an additional premium loan is made at the same interest rate then applicable to an existing premium loan to the borrower.

�� (c) In the case of a policy with an outstanding loan, the insurer shall give notice of each increase in the loan interest rate reasonably in advance of the increase.

�� (d) Notices given under this subsection shall include in substance the information required by subsection (2) of this section.

�� (6) Notwithstanding ORS 743.186, a policy shall not terminate in a particular policy year solely because a change in the policy loan interest rate during that year caused the total indebtedness under the policy to reach the policy loan value. The policy shall remain in force during that year unless and until it would have terminated in the absence of any policy loan interest rate change during that year. [1981 c.412 �20]

�� 743.189 Reinstatement. A life insurance policy shall contain a provision that if in the event of a default in premium payments the value of the policy has been applied to provide a paid-up nonforfeiture benefit, and if this benefit is currently in force and the original policy has not been surrendered to the insurer and canceled, and if a period of not more than three years has elapsed since the default (or two years in the case of an industrial life insurance policy), the policy may be reinstated upon furnishing evidence of insurability satisfactory to the insurer and payment of arrears of premiums and payment or reinstatement of any other indebtedness to the insurer under the policy, with interest at a rate not exceeding the maximum permitted by the policy loan provision. [1967 c.359 �385; 1981 c.412 �21]

�� 743.192 Payment of claim; payment of interest upon failure to pay proceeds. (1) A life insurance policy shall contain a provision that when the policy becomes a claim by the death of the insured, settlement shall be made upon receipt of due proof of death and of the interest of the claimant.

�� (2) If the insurer fails to pay the proceeds of or make payment under the policy within 30 days after receipt of due proof of death and of the interest of the claimant, and if the beneficiary elects to receive a lump sum settlement, the insurer shall pay interest on any money due and unpaid after expiration of the 30-day period. The insurer shall compute the interest from the date of the insured�s death until the date of payment, at a rate not lower than that paid by the insurer on other withdrawable policy owner funds. At the end of the 30-day period, the insurer shall notify the named beneficiary or beneficiaries at their last-known address that interest at the applicable rate will be paid on the lump sum proceeds from the date of death of the insured.

�� (3) Nothing in this section shall be construed to allow an insurer to withhold payment of money payable under a life insurance policy to any named beneficiary for a period longer than reasonably necessary to transmit the payment. [1967 c.359 �386; 1983 c.754 �2]

�� 743.195 Installment payments. A life insurance policy shall contain a table showing the amounts of installments, if any, by which its proceeds may be payable. [1967 c.359 �387]

�� 743.198 Title. A life insurance policy shall contain a title briefly and correctly describing the policy. If an industrial life insurance policy, it shall have the words �industrial policy� imprinted on the face thereof as part of the descriptive matter. [1967 c.359 �388]

�� 743.201 Beneficiary of industrial policies. An industrial life insurance policy shall have the name of the beneficiary designated thereon, or in the application or other form if attached to the policy, with a reservation of the right to designate or change the beneficiary after the issuance of the policy unless such beneficiary has been irrevocably designated. The policy may also provide that no designation or change of beneficiary shall be binding on the insurer until indorsed on the policy by the insurer, and that the insurer may refuse to indorse the name of any proposed beneficiary who does not appear to the insurer to have an insurable interest in the life of the insured. The policy may also provide that if the beneficiary designated in the policy does not make a claim under the policy or does not surrender the policy with due proof of death within the period stated in the policy, which shall not be less than 30 days after the death of the insured, or if the beneficiary is the estate of the insured, or is a minor, or dies before the insured, or is not legally competent to give a valid release, then the insurer may make any payment thereunder to the executor or administrator of the insured, or to any relative of the insured by blood or legal adoption or connection by marriage, or to any person appearing to the insurer to be equitably entitled thereto by reason of having been named beneficiary, or by reason of having incurred expense for the maintenance, medical attention or burial of the insured. The policy may also include a similar provision applicable to any other payment due under the policy. [1967 c.359 �389]

�� 743.204 Standard Nonforfeiture Law for Life Insurance; applicability. (1) ORS 743.204 to 743.222 may be cited as the Standard Nonforfeiture Law for Life Insurance.

�� (2) The operative date of the Standard Nonforfeiture Law for Life Insurance as to any policy is the earlier of:

�� (a) January 1, 1948; or

�� (b) The date specified in a written notice, filed with the Director of the Department of Consumer and Business Services by the insurer, of election to comply with the Standard Nonforfeiture Law for Life Insurance as to such policy as of the specified date.

�� (3) The Standard Nonforfeiture Law for Life Insurance shall not apply to:

�� (a) Any reinsurance, group insurance, pure endowment, annuity or reversionary annuity policy.

�� (b) Any term policy or renewal thereof, of uniform amount, which provides no guaranteed nonforfeiture or endowment benefits, of 20 years or less expiring before age 71, for which uniform premiums are payable during the entire term of the policy. For this purpose, the age at death for a joint term life insurance policy shall be the age at death of the oldest life.

�� (c) Any term policy of decreasing amount, which provides no guaranteed nonforfeiture or endowment benefits, if each adjusted premium, calculated as specified in ORS

ORS 739.615

739.615]

�� 746.222 [1993 c.130 �5; 1999 c.987 �20; repealed by 2013 c.698 �42 and 2013 c.640 �20]

�� 746.225 [1975 c.469 �2; repealed by 1979 c.140 �3]

�� 746.230 Unfair claim settlement practices. (1) An insurer or other person may not commit or perform any of the following unfair claim settlement practices:

�� (a) Misrepresenting facts or policy provisions in settling claims;

�� (b) Failing to acknowledge and act promptly upon communications relating to claims;

�� (c) Failing to adopt and implement reasonable standards for the prompt investigation of claims;

�� (d) Refusing to pay claims without conducting a reasonable investigation based on all available information;

�� (e) Failing to affirm or deny coverage of claims within a reasonable time after completed proof of loss statements have been submitted;

�� (f) Not attempting, in good faith, to promptly and equitably settle claims in which liability has become reasonably clear;

�� (g) Compelling claimants to initiate litigation to recover amounts due by offering substantially less than amounts ultimately recovered in actions brought by such claimants;

�� (h) Attempting to settle claims for less than the amount to which a reasonable person would believe a reasonable person was entitled after referring to written or printed advertising material accompanying or made part of an application;

�� (i) Attempting to settle claims on the basis of an application altered without notice to or consent of the applicant;

�� (j) Failing, after payment of a claim, to inform insureds or beneficiaries, upon request by them, of the coverage under which payment has been made;

�� (k) Delaying investigation or payment of claims by requiring a claimant or the claimant�s physician, naturopathic physician, physician associate or nurse practitioner to submit a preliminary claim report and then requiring subsequent submission of loss forms when both require essentially the same information;

�� (L) Failing to promptly settle claims under one coverage of a policy where liability has become reasonably clear in order to influence settlements under other coverages of the policy;

�� (m) Failing to promptly provide the proper explanation of the basis relied on in the insurance policy in relation to the facts or applicable law for the denial of a claim; or

�� (n) Any of the practices described in ORS 746.233.

�� (2) No insurer shall refuse, without just cause, to pay or settle claims arising under coverages provided by its policies with such frequency as to indicate a general business practice in this state, which general business practice is evidenced by:

�� (a) A substantial increase in the number of complaints against the insurer received by the Department of Consumer and Business Services;

�� (b) A substantial increase in the number of lawsuits filed against the insurer or its insureds by claimants; or

�� (c) Other relevant evidence. [1967 c.359 �588a; 1973 c.281 �1; 1989 c.594 �1; 2014 c.45 �79; 2015 c.59 �6; 2017 c.356 �101; 2019 c.284 �10; 2024 c.73 �160]

�� 746.233 Unfair claim settlement practices with respect to prior authorizations of health care items or services. (1) As used in this section, �prior authorization� has the meaning given that term in ORS 743B.001.

�� (2) An insurer offering a policy or certificate of health insurance may not, in making a determination on a health care provider or enrollee�s request for prior authorization of a health care item or service, perform any of the following unfair claim settlement practices:

�� (a) Misrepresent facts of policy provisions;

�� (b) Fail to acknowledge and act upon communications relating to the request;

�� (c) Fail to adopt and implement reasonable standards for the prompt investigations of prior authorization requests;

�� (d) Make a determination without conducting a reasonable investigation based on all available information;

�� (e) Fail to act promptly, equitably and in good faith to approve the request for prior authorization that is medically necessary and covered under the terms of the policy;

�� (f) Require a provider or enrollee to submit substantially identical information more than one time in the course of making the determination; or

�� (g) If the request for prior authorization is denied, fail to promptly provide a complete and thorough explanation of the terms of the policy or certificate that the insurer relied upon and the factual or legal basis for the denial.

�� (3) An insurer may not engage in a pattern or practice of refusing, without just cause, to approve requests for prior authorization of items or services covered under its policies and certificates as demonstrated by:

�� (a) A substantial increase in the number of consumer complaints against the insurer received by the Department of Consumer and Business Services regarding denials of prior authorization;

�� (b) A substantial number of lawsuits filed by:

�� (A) A provider against the insurer or an insured based on the failure to approve a request for prior authorization for an item or service furnished by the provider; or

�� (B) A provider or enrollee against the insurer based on the failure to approve a prior authorization request for an item or service; or

�� (c) Other evidence that the department deems relevant.

�� (4) The department may adopt rules necessary to carry out the provisions of this section. [2019 c.284 �2]

�� Note: 746.233 was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 746 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 746.240 Undefined trade practices injurious to public prohibited. No person shall engage in this state in any trade practice that, although not expressly defined and prohibited in the Insurance Code, is found by the Director of the Department of Consumer and Business Services to be an unfair or deceptive act or practice in the transaction of insurance that is injurious to the insurance-buying public. [1967 c.359 �589; 1973 c.281 �2]

�� 746.250 [1967 c.359 �590; repealed by 1973 c.281 �3]

�� 746.260 Driving record not to be considered in issuance of motor vehicle insurance. (1) As used in this section, �employment driving record� and �nonemployment driving record� mean the employment driving record and nonemployment driving record described in ORS 802.200.

�� (2) Except as provided in subsection (4) of this section, an insurer may not consider an individual�s employment driving record or nonemployment driving record in determining rates for, or whether to issue or renew, a policy of personal insurance, as defined in ORS 746.600, that provides, for the individual, automobile liability coverage, uninsured motorist coverage, automobile medical payments coverage or automobile physical damage coverage on an individually owned passenger vehicle, including pickup and panel trucks and station wagons. An insurer may not cancel the policy or discriminate in regard to other terms or conditions of the policy based upon the individual�s employment driving record or nonemployment driving record.

�� (3) This section does not affect the enforcement of the motor vehicle laws.

�� (4) An insurer may use the abstract of the individual�s nonemployment driving record as authorized under ORS 746.265. [1973 c.113 �2; 1979 c.662 �2; 1983 c.338 �969; 1987 c.5 �6; 2015 c.76 �1]

�� 746.265 Purposes for which abstract of nonemployment driving record may be considered. (1) Subject to subsection (2) of this section, an insurer may consider the abstract of an individual�s nonemployment driving record under ORS 802.220 when evaluating the individual�s application to obtain or renew personal insurance, as defined in ORS 746.600, that provides automobile liability coverage, uninsured motorist coverage, automobile medical payments coverage or automobile physical damage coverage on an individually owned passenger vehicle, including pickup and panel trucks and station wagons:

�� (a) For the purpose of determining whether to issue or renew the individual�s policy.

�� (b) For the purpose of determining the rates of the individual�s policy.

�� (2) For the purposes specified in subsection (1) of this section, an insurer that issues or renews a policy described in subsection (1) of this section may not consider any:

�� (a) Accident or conviction for violation of motor vehicle laws that occurred more than three years immediately preceding the application for the policy or for renewal of the policy;

�� (b) Diversion agreements under ORS 813.220 that were entered into more than three years immediately preceding the application for the policy or for renewal of the policy; or

�� (c) Suspension of driving privileges pursuant to ORS 809.280 (6) or (8) if the suspension is based on a nondriving offense.

�� (3) Subsection (2) of this section does not apply if an insurer considers an individual�s nonemployment driving record under ORS 802.220 for the purpose of providing a discount to the individual. [1987 c.5 �5; 1989 c.853 �1; 1991 c.860 �7; 1999 c.59 �231; 2001 c.327 �1; 2011 c.355 �25; 2015 c.76 �2]

�� 746.270 Use of past investment or predicted future investment experience in sale of variable life insurance policies. No person shall make or use in the offer or sale of a variable life insurance policy any illustrations of benefits payable that include projections of past investment experience into the future or predictions of future investment experience. This section is not intended to prohibit use of hypothetical assumed rates of investment return to illustrate possible levels of benefits. [1973 c.435 �26]

�� 746.275 Definitions for ORS 746.275 to 746.300. As used in ORS 746.275 to 746.300:

�� (1) �Adjuster� means a person authorized to do business under ORS 744.515 or 744.521.

�� (2) �Motor vehicle liability insurance policy� means an insurance policy which provides automobile liability coverage, uninsured motorist coverage, automobile medical payments coverage or automobile physical damage coverage on motor vehicles, but does not include any insurance policy:

�� (a) Covering garage, automobile sales agency, repair shop, service station or public parking place operation hazards; or

�� (b) Issued principally to cover personal or premises liability of an insured, even though such insurance may also provide some incidental coverage for liability arising out of the ownership, maintenance or use of a motor vehicle on the premises of such insured or on the ways immediately adjoining such premises.

�� (3) �Motor vehicle body and frame repair shop� means a business or a division of a business organized for the purpose of effecting repairs to motor vehicles which have been physically damaged. [1977 c.785 �1; 2019 c.151 �41]

�� Note: 746.275 to 746.300 and 746.991 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 746 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 746.280 Designation of particular motor vehicle repair shop by insurer prohibited; notice; limitation of costs. (1) An insurer may not require that a particular person make the repairs to the insured�s motor vehicle as a condition for recovery by the insured under a motor vehicle liability insurance policy.

�� (2) Prior to providing a recommendation that a particular person make repairs to the insured�s motor vehicle, the person adjusting the claim on behalf of the insurer shall inform the insured of the rights conferred by subsection (1) of this section by communicating in a statement substantially similar to the following:

�� OREGON LAW PROHIBITS US FROM REQUIRING YOU TO GET REPAIRS TO YOUR VEHICLE AT A PARTICULAR MOTOR VEHICLE REPAIR SHOP. YOU HAVE THE RIGHT TO SELECT THE MOTOR VEHICLE REPAIR SHOP OF YOUR CHOICE.

�� (3) If an insured elects to have the motor vehicle repaired at a motor vehicle repair shop other than a shop recommended by the insurer, the insurer may not limit the cost of repairs necessary to return the motor vehicle to a preloss condition relative to safety, function and appearance other than as stated in the policy or as otherwise allowed by law.

�� (4) If an insured accepts the insurer�s recommendation, the insurer shall provide, electronically or in printed form, a statement to the insured within three business days after the date of acceptance in substantially the following form:

�� WE HAVE RECOMMENDED A MOTOR VEHICLE REPAIR SHOP. IF YOU AGREE TO USE OUR RECOMMENDED REPAIR SHOP, YOUR VEHICLE WILL RECEIVE REPAIRS RETURNING IT TO A PRELOSS CONDITION RELATIVE TO SAFETY, FUNCTION AND APPEARANCE AT NO ADDITIONAL COST TO YOU OTHER THAN AS STATED IN THE INSURANCE POLICY OR AS OTHERWISE ALLOWED BY LAW.

[1977 c.785 �2; 2007 c.506 �1]

�� Note: See note under 746.275.

�� 746.285 Notice of prohibition in motor vehicle repair shops; size; location. A person operating a motor vehicle body and frame repair shop shall display in a conspicuous place in the shop a sign in bold face type in letters at least two inches high reading substantially as follows:

�� PURSUANT TO OREGON INSURANCE LAW, AN INSURANCE COMPANY MAY NOT REQUIRE THAT REPAIRS BE MADE TO A MOTOR VEHICLE BY A PARTICULAR PERSON OR REPAIR SHOP.

[1977 c.785 �3]

�� Note: See note under 746.275.

�� 746.287 Insurer requirement of installation of aftermarket crash part in vehicle. (1) Without the consent of the owner of the vehicle, an insurer may not require, directly or indirectly, that a motor vehicle body and frame repair shop supply or install any aftermarket crash part unless the part has been certified by an independent test facility to be at least equivalent to the part being replaced.

�� (2) For purposes of this section, an aftermarket crash part is at least equivalent to the part being replaced if the aftermarket crash part is the same kind of part and is at least the same quality with respect to fit, finish, function and corrosion resistance. [1987 c.622 �3]

�� Note: See note under 746.275.

�� 746.289 Insurer offer of crash part warranty. Any insurer which offers a motor vehicle insurance policy that provides coverage for repair of the vehicle shall make available to its insured a crash part warranty for crash parts not made by the original equipment manufacturer as described in ORS 746.292 when the insured requests one. [1987 c.622 �4]

�� Note: 746.289 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 746 or 746.275 to 746.300 or any other series by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 746.290 Notice of prohibition in policies and by adjusters. (1) An adjuster establishing loss under a motor vehicle liability insurance policy shall advise the insured of the provisions of ORS 746.280.

�� (2) Every motor vehicle liability insurance policy issued in this state after December 31, 1977, and any extension or renewal after that date of a policy issued before that date shall be accompanied by a statement in clear and conspicuous language approved by the director of:

�� (a) The rights and responsibilities of the insured when a claim is submitted; and

�� (b) The provisions of ORS 746.280. [1977 c.785 �4]

�� Note: See note under 746.275.

�� 746.292 Motor vehicle repair shops; invoices; estimates; warranties; prohibited practices. (1) All work done by a motor vehicle body and frame repair shop shall be recorded on an invoice and shall describe all service work done and parts supplied. If any used parts are supplied, the invoice shall clearly state that fact. If any component system installed is composed of new and used parts, such invoice shall clearly state that fact. One copy of the invoice shall be given to the customer and one copy shall be retained by the motor vehicle body and frame repair shop.

�� (2) Before commencing repair work and upon the request of any customer, a motor vehicle body and frame repair shop shall make an estimate in writing of the parts and labor necessary for the repair work, and shall not charge for the work done or parts supplied in excess of the estimate without the consent of such customer.

�� (3)(a) If crash parts to be used in the repair work are supplied by the original equipment manufacturer, the parts shall be accompanied by a warranty that guarantees the customer that the parts meet or exceed standards used in manufacturing the original equipment.

�� (b) If crash parts to be used in the repair work are not supplied by the original equipment manufacturer, the estimate shall include a statement that says:

�� This estimate has been prepared based on the use of a motor vehicle crash part not made by the original equipment manufacturer. The use of a motor vehicle crash part not made by the original equipment manufacturer may invalidate any remaining warranties of the original equipment manufacturer on that motor vehicle part. The person who prepared this estimate will provide a copy of the part warranty for crash parts not made by the original equipment manufacturer for comparison purposes.

�� (4) No motor vehicle body and frame shop may:

�� (a) Supply or install used parts, or any component system composed of new and used parts, when new parts or component systems are or were to be supplied or installed.

�� (b) Supply or install, without the owner�s consent, any aftermarket crash part unless the part has been certified by an independent test facility to be at least equivalent to the part being replaced. For purposes of this paragraph, an aftermarket crash part is at least equivalent to the part being replaced if the aftermarket crash part is the same kind of part and is at least the same quality with respect to fit, finish, function and corrosion resistance.

�� (c) Charge for repairs not actually performed, or add the cost of repairs not actually to be performed to any repair estimate.

�� (d) Refuse any insurer, or its insured, or their agents or employees, reasonable access to any repair facility for the purpose of inspecting or reinspecting the damaged vehicle during usual business hours.

�� (5) As used in ORS 746.287 and this section, �aftermarket crash part� means a motor vehicle replacement part, sheet metal or plastic, that constitutes the visible exterior of the vehicle, including an inner or outer panel, is generally repaired or replaced as the result of a collision and is not supplied by the original equipment manufacturer. [1977 c.785 �5; 1987 c.622 �1]

�� Note: See note under 746.275.

�� 746.295 Proof and amount of loss under motor vehicle liability policies; determination by insurer. Nothing in ORS 746.275 to 746.300 or 746.991 shall prohibit an insurer from establishing proof of loss requirements for motor vehicle liability insurance policies, investigating and determining the amount of an insured�s loss through its agents or employees or negotiating with any person for the repair of such loss. [1977 c.785 �6]

�� Note: See note under 746.275.

�� 746.300 Liability of insurers and motor vehicle repair shops for damages; attorney fees. An insured whose insurer violates ORS 746.280 or 746.290, or a customer whose motor vehicle body and frame repair shop violates ORS 746.292, may file an action to recover actual damages or $100, whichever is greater, for each violation. The court may award reasonable attorney fees to the prevailing party in an action under this section. [1977 c.785 �7; 1981 c.897 �102; 1995 c.618 �129]

�� Note: See note under 746.275.

�� 746.305 Rules. The Director of the Department of Consumer and Business Services may adopt rules to carry out the provisions of ORS 746.275 to 746.300 and 746.991. [1987 c.622 �5]

�� Note: 746.305 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 746 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 746.307 [1989 c.947 �4; renumbered 743.724 in 1991]

�� 746.308 Violation of provisions regarding totaled vehicles as violation of Insurance Code. An insurer that violates ORS 819.014 or 819.018 shall be considered to have violated a provision of the Insurance Code. [1991 c.820 �7]

�� Note: 746.308 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 746 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

UNAUTHORIZED INSURANCE

�� 746.310 Representing or aiding unauthorized insurer prohibited; insurance producer liable to insured. (1) No person shall in this state directly or indirectly with respect to domestic risks act as insurance producer for or otherwise transact insurance for any insurer not then authorized to transact such insurance in this state.

�� (2) In the event of failure of any unauthorized insurer to pay any claim or loss within the provisions of such insurance policy, any insurance producer who assisted or in any manner aided in the procurement of such insurance policy knowing it to be procured through an unauthorized insurer shall be liable to the insured for the full amount of the claim or loss.

�� (3) This section does not apply to:

�� (a) Matters authorized to be done by the Director of the Department of Consumer and Business Services under ORS 746.320 to 746.360.

�� (b) Insurance written under a surplus line license in compliance with ORS 735.400 to 735.495.

�� (c) Any transaction with respect to reinsurance when transacted by an insurer duly authorized by its state of domicile to transact the class of insurance involved.

�� (d) A licensed adjuster or attorney at law representing such an insurer from time to time in such occupational or professional capacity. [1967 c.359 �591; 1969 c.336 �17; 1987 c.774 �140; 1991 c.810 �27; 2003 c.364 �145]

�� 746.320 Service of process equivalent to personal service on unauthorized foreign or alien insurer. (1) When an unauthorized insurer does any of the acts specified in subsection (2) of this section in this state, by mail or otherwise, the doing of such acts shall constitute an appointment by such insurer of the Director of the Department of Consumer and Business Services, and the successor in office, as its lawful attorney upon whom all process may be served in any action begun by or on behalf of an insured or beneficiary and arising out of policies of insurance between the insurer and persons residing or authorized to do business in this state. Subject to subsection (4) of this section, the doing of any such act shall signify the insurer�s consent that service of process upon the director is of the same legal force and effect as personal service of process upon such insurer within this state.

�� (2) The acts referred to in subsection (1) of this section are:

�� (a) Issuing or delivering policies of insurance to persons residing or authorized to do business in this state.

�� (b) Soliciting applications for policies of insurance from such persons.

�� (c) Collecting premiums, membership fees, assessments or other considerations under policies of insurance from such persons.

�� (d) Any other transaction of business arising out of policies of insurance with such persons.

�� (3) Service of process upon the director shall be made by delivering to and leaving with the director, or with any clerk on duty in the office, two copies of such process. Immediately after service of process, the director shall send one of such copies to the defendant insurer at its principal office. The director shall keep a record of all processes served upon the director under this section.

�� (4) Service of process in the manner provided in this section gives jurisdiction over the person of an insurer provided:

�� (a) Notice of such service and a copy of the process are sent by registered mail or by certified mail with return receipt by the plaintiff, or the attorney of the plaintiff, to the defendant insurer at its principal office within 10 days after the date of service; and

�� (b) The defendant insurer�s receipt, or receipt issued by the post office with which the letter is registered or certified, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed and an affidavit of the plaintiff, or the attorney of the plaintiff, showing compliance with this section are filed with the clerk of the court in which the action against such insurer is pending on or before the date on which such insurer is required to appear, or within such further time as the court may allow.

�� (5) Nothing contained in this section shall limit or abridge the right to serve any process upon an insurer in any other manner then permitted by law. [Formerly 736.252; 1991 c.249 �71]

�� 746.330 Judgment by default after service of process under ORS 746.320. Until the expiration of 30 days from the date of filing an affidavit of compliance under ORS 746.320, no plaintiff or complainant shall be entitled to a judgment by default in any action in which service of process is made in the manner provided in such section. [Formerly 736.254]

�� 746.340 Conditions to be met by defendant unauthorized insurer before filing motions or pleadings. (1) Except as provided in subsection (3) of this section, before any unauthorized insurer may file or cause to be filed any motion or pleading in an action started against it by service of process in the manner provided in ORS 746.320, the defendant insurer shall either:

�� (a) Procure a certificate of authority to transact insurance in this state; or

�� (b) Deposit cash or securities or file a bond with good and sufficient sureties, approved by the court, with the clerk of the court in which such action is pending in an amount, fixed by the court, sufficient to secure the payment of any judgment which may be entered in such action. However, the court may in its discretion make an order dispensing with such deposit or bond where the insurer makes a showing satisfactory to such court that the insurer maintains in a state of the United States funds or securities, in trust or otherwise, sufficient and available to satisfy any final judgment which may be entered in such action.

�� (2) The court may order such postponement as may be necessary to give such insurer reasonable opportunity to comply with subsection (1) of this section and to prepare its defense in such action.

�� (3) Nothing in ORS 746.320 to 746.360 shall be construed to prevent a defendant unauthorized insurer from filing a motion to set aside service of process made in the manner provided in ORS 746.320 on the ground that such insurer has not done any of the acts described in subsection (2) of such section. [Formerly 736.256]

�� 746.350 Attorney fee allowable to prevailing party. In any action against an unauthorized insurer in which service of process was made in the manner provided in ORS 746.320, the court may award reasonable attorney fees to the prevailing party. [Formerly

ORS 742.043

742.043, every contract of insurance shall be construed according to the terms and conditions of the policy. When the contract is made pursuant to a written application therefor, if the insurer delivers a copy of such application with the policy to the insured, thereupon such application shall become a part of the insurance policy. Any application that is not so delivered to the insured shall not be a part of the insurance policy and the insurer shall be precluded from introducing such application as evidence in any action based upon or involving the policy. Any oral representations by the insured that are not included in an application shall not be a part of the insurance policy and the insurer shall be precluded from introducing such representations as evidence in any action based upon or involving the policy.

�� (2) If any life or health insurance policy is reinstated or renewed, and the insured or assignee or beneficiary with a vested interest under such policy shall make written request to the insurer for a copy of the application, if any, for such reinstatement or renewal, the insurer shall, within 30 days after the receipt at its home or branch office of such request and of satisfactory evidence of such requesting beneficiary�s vested interest, deliver or mail to the person making such request a copy of such application. If such copy shall not be so delivered or mailed, the insurer shall be precluded from introducing such application as evidence in any action based upon or involving such policy or its reinstatement or renewal.

�� (3) This section does not apply to surety insurance. [Formerly 736.305 and then 743.045]

�� 742.018 Provision for construction according to foreign law prohibited. No policy of insurance shall contain any condition, stipulation or agreement requiring such policy to be construed according to the laws of any other state or country. Any such condition, stipulation or agreement shall be invalid. [Formerly 736.315 and then 743.048]

�� 742.020 [Amended by 1965 c.611 �4; repealed by 1967 c.359 �704]

�� 742.021 Standard provisions in general. (1) Insurance policies shall contain such standard or uniform provisions as are required by the applicable provisions of the Insurance Code. However, the insurer may at its option substitute for one or more of such provisions corresponding provisions of different wording approved by the Director of the Department of Consumer and Business Services which are in each instance not less favorable in any respect to the insured or the beneficiary.

�� (2) If any standard or uniform provision is in whole or in part inapplicable to or inconsistent with the coverage provided by a particular form of policy the insurer, with the approval of the director, shall omit from such policy any inapplicable provision or part of a provision, and shall modify any inconsistent provision or part of a provision in such manner as to make the provision as contained in the policy consistent with the coverage provided by the policy.

�� (3) Except as provided in subsection (2) of this section, no policy shall contain any provision inconsistent with or contradictory to any standard or uniform provision used or required to be used. [Formerly 743.051]

�� 742.023 Contents of policies in general. (1) Every policy shall specify:

�� (a) The names of the parties to the contract.

�� (b) The subject of the insurance.

�� (c) The hazards or perils insured against.

�� (d) The time when the insurance thereunder takes effect and the period during which the insurance is to continue.

�� (e) The premium.

�� (f) The conditions and provisions pertaining to the insurance.

�� (2) If under the policy the exact amount of premium is determinable only at stated intervals or termination of the contract, a statement of the basis and rates upon which the premium is to be determined and paid shall be included.

�� (3) This section does not apply to surety insurance policies, or to group life or health insurance policies. [Formerly 743.054]

�� 742.025 [1965 c.611 �5; 1967 c.359 �656; renumbered 750.025]

�� 742.026 Underwriters� and combination policies. (1) Two or more authorized insurers may jointly issue, and shall be jointly and severally liable on, an underwriters� policy bearing their names. Any one insurer may issue policies in the name of an underwriter�s department and such policy shall plainly show the true name of the insurer.

�� (2) Two or more insurers may, with the approval of the Director of the Department of Consumer and Business Services, issue a combination policy which shall contain provisions substantially as follows:

�� (a) That the insurers executing the policy shall be severally liable for the full amount of any loss or damage, according to the terms of the policy, or for specified percentages or amounts thereof, aggregating the full amount of insurance under the policy, and

�� (b) That service of process, or of any notice or proof of loss required by such policy, upon any of the insurers executing the policy, shall constitute service upon all such insurers.

�� (3) This section does not apply to co-surety obligations. [Formerly 743.057]

�� 742.028 Additional policy contents. A policy may contain additional provisions not inconsistent with the Insurance Code and which are:

�� (1) Required to be inserted by the laws of the insurer�s domicile;

�� (2) Necessary, on account of the manner in which the insurer is constituted or operated, in order to state the rights and obligations of the parties to the contract; or

�� (3) Desired by the insurer and neither prohibited by law nor in conflict with any provisions required to be included therein. [Formerly 743.060]

�� 742.030 [Repealed by 1967 c.359 �704]

�� 742.031 Bankruptcy clause required in certain liability policies. A policy of insurance against loss or damage resulting from accident to or injury suffered by an employee or other person and for which the person insured is liable, or against loss or damage to property caused by horses or by any vehicle drawn, propelled or operated by any motive power, and for which loss or damage the person insured is liable, shall contain within such policy a provision substantially as follows: �Bankruptcy or insolvency of the insured shall not relieve the insurer of any of its obligations hereunder. If any person or legal representative of the person shall obtain final judgment against the insured because of any such injuries, and execution thereon is returned unsatisfied by reason of bankruptcy, insolvency or any other cause, or if such judgment is not satisfied within 30 days after it is rendered, then such person or legal representatives of the person may proceed against the insurer to recover the amount of such judgment, either at law or in equity, but not exceeding the limit of this policy applicable thereto.� [Formerly

ORS 742.206

742.206 to 742.242, which shall form a portion of the contract between the insurer and the insured. [Formerly 743.606]

�� 742.204 Exceptions to standard fire insurance policy requirements. Any insurance policy that includes, either on an unspecified basis as to coverage or for a single premium, coverage against the peril of fire and substantial coverage against other perils need not comply with the provisions of ORS 742.202 and 742.246, if such policy:

�� (1) Affords coverage with respect to the peril of fire, not less than the substantial equivalent of the coverage afforded by the provisions of the standard fire insurance policy as required by ORS 742.202;

�� (2) After a review under ORS 742.005 by the Director of the Department of Consumer and Business Services, is found by the director not to violate ORS 742.005 (2); and

�� (3) Is complete as to all its terms without reference to the standard fire insurance policy or any other policy. [Formerly 743.607; 2001 c.85 �1]

�� 742.206 Insuring agreement. A fire insurance policy shall contain provisions as follows: �In consideration of the provisions and stipulations herein or added hereto and of _ dollars ($) premium this company, for the term of from the _ day of , 2, to the ___ day of _, 2, at 12:01 a.m., at location of property involved, to an amount not exceeding __ dollars ($_), does insure ___ and legal representatives, to the extent of the actual cash value of the property at the time of loss, but not exceeding the amount which it would cost to repair or replace the property with material of like kind and quality within a reasonable time after such loss, without allowance for any increased cost of repair or reconstruction by reason of any ordinance or law regulating construction or repair, and without compensation for loss resulting from interruption of business or manufacture, nor in any event for more than the interest of the insured, against all direct loss by fire, lightning and by removal from premises endangered by the perils insured against in this policy, except as hereinafter provided, to the property described hereinafter while located or contained as described in this policy, or pro rata for five days at each proper place to which any of the property shall necessarily be removed for preservation from the perils insured against in this policy, but not elsewhere.

�� Assignment of this policy shall not be valid except with the written consent of this company.

�� This policy is made and accepted subject to the foregoing provisions and stipulations and those hereinafter stated, which hereby are made a part of this policy, together with such other provisions, stipulations and agreements as may be added hereto, as provided in this policy.

�� In witness whereof, this company has executed and attested these presents.

Secretary.

President.�

[Formerly 743.609]

�� 742.208 Concealment; fraud; representations by insured. A fire insurance policy shall contain the following provisions:

�� (1) Subject to subsections (2) and (3) of this section, this entire policy shall be void if, whether before or after a loss, the insured has willfully concealed or misrepresented any material fact or circumstance concerning this insurance or the subject thereof, or the interest of the insured therein, or in case of any fraud or false swearing by the insured relating thereto.

�� (2) All statements made by or on behalf of the insured, in the absence of fraud, shall be deemed representations and not warranties. No such statements that arise from an error in the application shall be used in defense of a claim under the policy unless:

�� (a) The statements are contained in a written application; and

�� (b) A copy of the application is indorsed upon or attached to the policy when issued.

�� (3) In order to use any representation by or on behalf of the insured in defense of a claim under the policy, the insurer must show that the representations are material and that the insurer relied on them. [Formerly 743.612]

�� 742.210 Uninsurable and excepted property. A fire insurance policy shall contain a provision as follows: �This policy shall not cover accounts, bills, currency, deeds, evidences of debt, money or securities; nor, unless specifically named hereon in writing, bullion or manuscripts.� [Formerly 743.615]

�� 742.212 Perils not included. A fire insurance policy shall contain a provision as follows: �This company shall not be liable for loss by fire or other perils insured against in this policy caused, directly or indirectly, by: (a) Enemy attack by armed forces, including action taken by military, naval or air forces in resisting an actual or an immediately impending enemy attack; (b) invasion; (c) insurrection; (d) rebellion; (e) revolution; (f) civil war; (g) usurped power; (h) order of any civil authority except acts of destruction at the time of and for the purpose of preventing the spread of fire, provided that such fire did not originate from any of the perils excluded by this policy; (i) neglect of the insured to use all reasonable means to save and preserve the property at and after a loss, or when the property is endangered by fire in neighboring premises; (j) nor shall this company be liable for loss by theft.� [Formerly 743.618]

�� 742.214 Other insurance. A fire insurance policy shall contain a provision as follows: �Other insurance may be prohibited or the amount of insurance may be limited by indorsement attached hereto.� [Formerly 743.621]

�� 742.216 Conditions suspending insurance. A fire insurance policy shall contain a provision as follows: �Unless otherwise provided in writing added hereto this company shall not be liable for loss occurring:

�� (1) While the hazard is increased by any means within the control or knowledge of the insured; or

�� (2) While a described building, whether intended for occupancy by owner or tenant, is vacated or unoccupied beyond a period of 60 consecutive days; or

�� (3) As a result of explosion or riot, unless fire ensues, and in that event for loss by fire only.� [Formerly 743.624]

�� 742.218 Additional perils insured. A fire insurance policy shall contain a provision as follows: �Any other peril to be insured against or subject of insurance to be covered in this policy shall be by indorsement in writing hereon or added hereto.� [Formerly 743.627]

�� 742.220 Added provisions. A fire insurance policy shall contain a provision as follows: �The extent of the application of insurance under this policy and of the contribution to be made by this company in case of loss, and any other provision or agreement not inconsistent with the provisions of this policy, may be provided for in writing added hereto, but no provision may be waived except such as by the terms of this policy is subject to change.� [Formerly 743.630]

�� 742.222 Waiver provisions. A fire insurance policy shall contain a provision as follows: �No permission affecting this insurance shall exist, or waiver of any provision be valid, unless granted herein or expressed in writing added hereto. No provision, stipulation or forfeiture shall be held to be waived by any requirement or proceeding on the part of this company relating to appraisal or to any examination provided for herein.� [Formerly 743.633]

�� 742.224 Cancellation. (1) A fire insurance policy shall contain a provision as follows: �This policy shall be canceled at any time at the request of the insured, in which case this company shall, upon demand and surrender of this policy, refund the excess of paid premium above the customary short rates for the expired time.�

�� (2) The policy also shall provide:

�� (a) That the insurer may cancel the policy at any time by giving 10 days� written notice of cancellation to the insured in the event of nonpayment of premium or 30 days� written notice for any other reason. However, when fire insurance coverage is part of a package policy including commercial liability insurance, cancellation of the policy is governed by the provisions of ORS 742.702.

�� (b) That cancellation by the insurer may be made with or without tender of the excess of paid premium above the pro rata premium for the expired time, and that the excess, if not tendered with the cancellation, will be refunded on demand.

�� (3) When an insurer gives notice of cancellation, the notice shall state that the excess of paid premium above the pro rata premium for the expired time, if not tendered with the notice, will be refunded on demand. [Formerly 743.636; 1991 c.768 �2]

�� 742.226 Mortgagee interest and obligation of mortgagee. A fire insurance policy shall contain provisions as follows:

�� (1) �If loss hereunder is made payable, in whole or in part, to a designated mortgagee not named herein as the insured, such interest in this policy may be canceled by giving to such mortgagee a 10 days� written notice of cancellation.�

�� (2) �If the insured fails to render proof of loss such mortgagee, upon notice, shall render proof of loss in the form herein specified within 60 days thereafter and shall be subject to the provisions hereof relating to appraisal and time of payment and of bringing suit. If this company shall claim that no liability existed as to the mortgagor or owner, it shall, to the extent of payment of loss to the mortgagee, be subrogated to all the mortgagee�s rights of recovery, but without impairing mortgagee�s right to sue; or it may pay off the mortgage debt and require an assignment thereof and of the mortgage. Other provisions relating to the interests and obligations of such mortgagee may be added hereto by agreement in writing.� [Formerly 743.639]

�� 742.228 Pro rata liability of insurer. A fire insurance policy shall contain a provision as follows: �This company shall not be liable for a greater proportion of any loss than the amount hereby insured shall bear to the whole insurance covering the property against the peril involved, whether collectible or not.� [Formerly 743.642]

�� 742.230 Requirements in case loss occurs. A fire insurance policy shall contain a provision as follows: �The insured shall give immediate written notice to this company of any loss, protect the property from further damage, forthwith separate the damaged and undamaged personal property, put it in the best possible order, furnish a complete inventory of the destroyed, damaged and undamaged property, showing in detail quantities, costs, actual cash value and amount of loss claimed; and within 90 days after receipt of proof of loss forms from the company, unless such time is extended in writing by this company, the insured shall render to this company a proof of loss, signed and sworn to by the insured, stating the knowledge and belief of the insured as to the following: The time and origin of the loss, the interest of the insured and of all others in the property, the actual cash value of each item thereof and the amount of loss thereto, all encumbrances thereon, all other contracts of insurance, whether valid or not, covering any of said property, any changes in the title, use, occupation, location, possession or exposures of said property since the issuing of this policy, by whom and for what purpose any building herein described and the several parts thereof were occupied at the time of loss and whether or not it then stood on leased ground, and shall furnish a copy of all the descriptions and schedules in all policies and, if required, verified plans and specifications of any building, fixtures or machinery destroyed or damaged. The insured, as often as may be reasonably required, shall exhibit to any person designated by this company all that remains of any property herein described, and submit to examinations under oath by any person named by this company, and subscribe the same; and, as often as may be reasonably required, shall produce for examination all books of account, bills, invoices, and other vouchers, or certified copies thereof if originals be lost, at such reasonable time and place as may be designated by this company or its representative, and shall permit extracts and copies thereof to be made.� [Formerly 743.645]

�� 742.232 Appraisal. A fire insurance policy shall contain a provision as follows: �In case the insured and this company shall fail to agree as to the actual cash value or the amount of loss, then, on the written demand of either, each shall select a competent and disinterested appraiser and notify the other of the appraiser selected within 20 days of such demand. The appraisers shall first select a competent and disinterested umpire; and failing for 15 days to agree upon such umpire, then, on request of the insured or this company, such umpire shall be selected by a judge of a court of record in the state in which the property covered is located. The appraisers shall then appraise the loss, stating separately actual cash value and loss to each item; and, failing to agree, shall submit their differences, only, to the umpire. An award in writing, so itemized, of any two when filed with this company shall determine the amount of actual cash value and loss. Each appraiser shall be paid by the party selecting the appraiser and the expenses of appraisal and umpire shall be paid by the parties equally.� [Formerly

ORS 742.238

742.238 in 1989]

�� 743.658 Notice of lapse or termination; rules. (1)(a) An insurer may not issue an individual long term care insurance policy until the insurer receives from an applicant for the policy:

�� (A) A written designation of the full name and residential address of at least one person, in addition to the applicant, to whom the insurer can send notice of a lapse or termination of the policy because of a failure to pay a premium; or

�� (B) A written waiver that the applicant has signed and dated and in which the applicant elects not to designate another person to whom an insurer can send the notice described in subparagraph (A) of this paragraph. The waiver must read substantially as follows:

�� I understand that I have a right to designate at least one other person other than myself to receive notice of lapse or termination of this insurance policy for failing to pay a premium. I understand that the insurer will not send a notice until 30 days after a premium is due and remains unpaid. I elect NOT to designate a person other than myself to receive this notice.

�� (b) At least once every two years an insurer shall notify a policy owner of the policy owner�s right to change the person the policy owner designates to receive the notice described in paragraph (a)(A) of this subsection.

�� (c) An applicant�s designation of another person to receive the notice described in paragraph (a)(A) of this subsection does not constitute the other person�s acceptance of a liability for services an insurer provides to an insured under an individual long term care insurance policy.

�� (d) If a policy owner pays premiums for an individual long term care insurance policy by means of a payroll deduction or a deduction from a pension payment, the requirement to obtain a designation from the policy owner as provided in paragraph (a)(A) of this subsection does not apply until 60 days after the policy owner stops paying premiums through a payroll deduction or a deduction from a pension payment.

�� (2) In addition to the requirement specified in subsection (1) of this section, an individual long term care insurance policy must provide for reinstating coverage after a lapse if the insurer receives proof that the policy owner was cognitively impaired or had a loss of functional capacity before the expiration of any grace period for premium payments that is set forth in the policy. An insured may request reinstatement under this subsection within five months after the insurance policy lapsed and the insurer may require the insured to pay all past due premiums. For purposes of this subsection, the standard for determining cognitive impairment or a loss of functional capacity may not be more stringent than any criteria set forth in the insurance policy for determining cognitive impairment or a loss of functional capacity for the purposes of showing eligibility for benefits.

�� (3) A notice that an individual life insurance policy, individual long term care insurance policy or individual disability income policy has lapsed because of a failure to pay a premium is effective only if the insurer:

�� (a) Sends a written notice at least 30 days before the date of the lapse;

�� (b) Accompanies the notice with an explanation of the reason for the lapse; and

�� (c) Sends the notice:

�� (A) By first class mail, postage prepaid, to the last-known address of the policy owner and designee, if any; or

�� (B) To the last-known electronic mail address for the policy owner and designee, if any, that is in the insurer�s records, provided that the policy owner and designee consent to receive notices related to the policy owner�s insurance policy electronically.

�� (4) This section does not apply to an individual life insurance policy, an individual long term care insurance policy or an individual disability income policy that requires a premium payment each month or at more frequent intervals.

�� (5) The Director of the Department of Consumer and Business Services may adopt rules to implement the requirements of this section. [2015 c.91 �2]

�� Note: 743.658 was added to and made a part of ORS chapter 743 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 743.660 [1967 c.359 �499; renumbered

ORS 742.542

742.542, the release must state that, subject to the motor vehicle liability insurer�s applicable limits of liability, the rights of an insurer furnishing personal injury protection to recover payments made for medical benefits from the motor vehicle liability insurer are not impaired.

�� (2) Nothing in this section impairs the rights of a motor vehicle liability insurer to contest a recovery claim from an insurer furnishing personal injury protection, based upon liability or the reasonableness or necessity of medical benefits paid by the insurer furnishing personal injury protection. [2009 c.545 �2]

�� Note: 742.546 and 742.548 were added to and made a part of the Insurance Code by legislative action but were not added to ORS chapter 742 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 742.548 Required language in disclosure; conditions for rescission of release. If a representative of a motor vehicle liability insurer obtains a release for a claim of bodily injuries in person from a person who is eligible to receive personal injury protection benefits under ORS 742.518 to 742.542:

�� (1) The representative of the insurer must provide the eligible person with a clear and conspicuous notice substantially similar to the following, which shall be incorporated into the insurer�s release or provided in a separate document:

�� THE DOCUMENT YOU ARE BEING ASKED TO SIGN IS A BINDING CONTRACT THAT CONCLUDES YOUR CLAIM(S) AGAINST THE PARTIES IT IDENTIFIES. AFTER YOU SIGN IT YOU WILL NOT BE ABLE TO MAKE ANY FURTHER CLAIM(S) AGAINST THESE PARTIES.

�� (2) The eligible person may rescind the release if the person provides the insurer written notice of rescission no later than five business days after the execution of the release and then promptly performs all other requisite acts for rescission of a contract. For the purposes of this subsection, notice of rescission is provided to an insurer on the date and time shown on a properly addressed proof of mailing or electronic transmission. [2009 c.545 �3]

�� Note: See note under 742.546.

(Total Loss)

�� 742.554 Disclosures required by insurer to motor vehicle owner when insurer declares vehicle total loss. When an insurer declares a motor vehicle a total loss and offers to make a cash settlement to an insured or third-party owner of the motor vehicle, the insurer shall provide the insured or third-party owner:

�� (1) Any valuation or appraisal reports relied upon by the insurer to determine value; and

�� (2) A written statement in a form provided by the Director of the Department of Consumer and Business Services that includes:

�� (a) Information about total loss, vehicle valuation and the duties of the insurer; and

�� (b) The manner in which and under what circumstances the insured may contact the Division of Financial Regulation of the Department of Consumer and Business Services. [2009 c.65 �2; 2017 c.17 �55]

�� Note: 742.554 and 742.558 were added to and made a part of the Insurance Code by legislative action but were not added to ORS chapter 742 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 742.558 Dispute resolution process for total loss vehicles. (1) An insurer shall pay the insured or third-party owner of a motor vehicle the amount of the motor vehicle�s value that is not in dispute if the insurer declares the motor vehicle a total loss and the insurer and the insured or third-party owner are unable to agree on the value of the motor vehicle. Acceptance of payment of the undisputed amount neither waives the rights of the insured or third-party owner under the policy nor prevents the insured or third-party owner from pursuing a claim for additional amounts. Payment of the undisputed amount by the insurer does not waive any rights of the insurer under the policy.

�� (2) An insurer is not obligated to pay the undisputed amount under subsection (1) of this section until the insured or third-party owner of the motor vehicle:

�� (a) Agrees to execute documents sufficient to transfer ownership of the motor vehicle to the insurer; and

�� (b) Authorizes the insurer, at the insurer�s expense, to move the motor vehicle to a disclosed location selected by the insurer, where the motor vehicle will remain available for inspection and evaluation for not fewer than 14 calendar days.

�� (3) After the expiration of the 14-day period under subsection (2) of this section, the insurer may proceed with the salvage sale of the motor vehicle. [2009 c.65 �3]

�� Note: See note under 742.554.

(Cancellation)

�� 742.560 Definitions for ORS 742.560 to 742.572. As used in ORS 742.560 to 742.572:

�� (1) �Cancellation� means termination of coverage by an insurer, other than termination at the request of the insured, during a policy period.

�� (2) �Expiration� means termination of coverage by reason of the policy having reached the end of the term for which it was issued or the end of the period for which a premium has been paid.

�� (3) �Nonpayment of premium� means failure of the named insured to discharge when due any of the insured�s obligations in connection with the payment of premiums on the policy, or any installment of such premium, whether the premium is payable directly to the insurer or an insurance producer who is its agent or indirectly under any premium finance plan or extension of credit.

�� (4) �Nonrenewal� means a notice by an insurer to the named insured that the insurer is unwilling to renew a policy.

�� (5) �Policy� means any insurance policy that provides automobile liability coverage, uninsured motorist coverage, automobile medical payments coverage or automobile physical damage coverage on individually owned private passenger vehicles, including pickup and panel trucks and station wagons, that are not used as a public or livery conveyance for passengers, nor rented to others. However, ORS

ORS 743.423

743.423, 743.426, 743.429, 743.432, 743.438 and 743.441. [1967 c.359 �466]

�� 743.540 Application and certificates not required for blanket health insurance policies. An individual application need not be required from a person insured under a blanket health insurance policy, nor shall it be necessary for the insurer to furnish each person a certificate. [1967 c.359 �467]

�� 743.543 Payment of benefits under blanket health insurance policies. All benefits under a blanket health insurance policy shall be payable to the person insured, or to the designated beneficiary or beneficiaries of the person, or to the estate of the person, except that if the person insured is a minor or otherwise not competent to give a valid release, such benefits may be made payable to the parent, guardian or other person actually supporting the person. However, the policy may provide that all or a portion of any indemnities provided by such policy on account of hospital, nursing, medical or surgical services may, at the option of the insurer and unless the insured requests otherwise in writing not later than the time of filing proofs of such loss, be paid directly to the hospital or person rendering such services; but the policy may not require that the services be rendered by a particular hospital or person. Payment so made shall discharge the obligation of the insurer with respect to the amount of insurance so paid. [1967 c.359 �468]

�� 743.546 Exemption of policy form approval for blanket health insurance policies. The Director of the Department of Consumer and Business Services may exempt from the policy form filing and approval requirements of ORS 742.003, for so long as the director deems proper, any blanket health insurance policy to which in the opinion of the director such requirements may not practicably be applied, or may dispense with such filing and approval whenever, in the opinion of the director, it is not desirable or necessary for the protection of the public. [1967 c.359 �469]

�� 743.549 [1973 c.143 �2; 1989 c.1080 �2; repealed by 2013 c.681 �65 and 2013 c.640 �21]

(Student Health Insurance)

�� 743.550 Student health insurance. (1) Student health insurance is subject to ORS 743.537, 743.540, 743.543,

ORS 743.648

743.648]

�� 742.234 Insurer�s options. A fire insurance policy shall contain a provision as follows: �It shall be optional with this company to take all, or any part, of the property at the agreed or appraised value, and also to repair, rebuild or replace the property destroyed or damaged with other of like kind and quality within a reasonable time, on giving notice of its intention so to do within 30 days after the receipt of the proof of loss herein required.� [Formerly 743.651]

�� 742.236 Abandonment. A fire insurance policy shall contain a provision as follows: �There can be no abandonment to this company of any property.� [Formerly 743.654]

�� 742.238 When loss payable. A fire insurance policy shall contain a provision as follows: �The amount of loss for which this company may be liable shall be payable 60 days after proof of loss, as herein provided, is received by this company and ascertainment of the loss is made either by agreement between the insured and this company expressed in writing or by the filing with this company of an award as herein provided.� [Formerly

ORS 743.812

743.812; 1993 c.265 �1]

�� 742.529 Payment based on incorrect determination of responsibility; notice; repayment. If personal injury protection benefits are paid based on information that appeared to establish proof of loss and the insurer paying the benefits later determines the insurer was not responsible for the payment, the insurer shall give notice and explanation to the provider that the payment was incorrectly issued. Immediately after receiving the notice and explanation the provider shall promptly repay the insurer. [2007 c.692 �3]

�� 742.530 Exclusions from coverage. (1) The insurer may exclude from the coverage for personal injury protection benefits any injured person who:

�� (a) Intentionally causes self-injury;

�� (b) Is participating in any prearranged or organized racing or speed contest or practice or preparation for any such contest; or

�� (c) Willfully conceals or misrepresents any material fact in connection with a claim for personal injury protection benefits.

�� (2) The insurer may exclude from the coverage for the benefits required by ORS 742.524 (1)(b) and (c) any person injured as a pedestrian in an accident outside this state, other than the insured person or a member of that person�s family residing in the same household. [Formerly 743.815; 2005 c.341 �2]

�� 742.532 Benefits may be more favorable than those required by ORS 742.520, 742.524 and

ORS 743.900

743.900; 2003 c.364 �103; 2007 c.71 �239]

�� 742.562 Grounds for cancellation of policies; notice required; applicability. (1) A notice of cancellation of a policy shall be effective only if it is based on one or more of the following reasons:

�� (a) Nonpayment of premium.

�� (b) Fraud or material misrepresentation affecting the policy or in the presentation of a claim thereunder, or violation of any of the terms or conditions of the policy.

�� (c) The named insured or any operator either resident in the same household or who customarily operates an automobile insured under the policy has had driving privileges suspended or revoked pursuant to law during the policy period, or, if the policy is a renewal, during its policy period or the 180 days immediately preceding its effective date. An insurer may not cancel a policy for the reason that the driving privileges of the named insured or operator were suspended pursuant to ORS 809.280 (6) or (8) if the suspension was based on a nondriving offense.

�� (2) This section shall not apply to any policy or coverage which has been in effect less than 60 days at the time notice of cancellation is mailed or delivered by the insurer unless it is a renewal policy.

�� (3) This section shall not apply to nonrenewal. [Formerly 743.905; 1991 c.860 �7a; 2011 c.355 �23]

�� 742.564 Manner of giving cancellation notice. (1) No notice of cancellation of a policy to which ORS 742.562 applies shall be effective unless mailed or delivered by the insurer to the named insured at least 30 days prior to the effective date of cancellation and accompanied by a statement of the reason or reasons for cancellation, provided, however, that where cancellation is for nonpayment of premium at least 10 days� notice of cancellation accompanied by the reason therefor shall be given.

�� (2) This section shall not apply to nonrenewal. [Formerly 743.910]

�� 742.566 Renewal of policies; replacement policy in lieu of renewal; requirements for refusal to renew. (1) An insurer shall offer renewal of a policy to an insured, contingent upon payment of premium as stated in the offer, unless the insurer mails or delivers to the named insured, at the address shown in the policy, at least 30 days� advance notice of nonrenewal. The notice must contain or be accompanied by a statement of the reason or reasons for nonrenewal.

�� (2)(a) If an insurer offers to an insured, in lieu of a renewal, a replacement policy from a different company that is part of a group of companies that is under the same ownership or control as the insurer, any new terms, rates and policy provisions in the replacement policy take effect on the renewal date if the insurer sends the insured and any insurance producer with whom the insured previously dealt notice at least 45 days before the renewal date. The notice must include the replacement policy or a description of any terms in the replacement policy that differ from the policy that the insurer will not renew.

�� (b) An insured may cancel a replacement policy at any point before the replacement policy becomes effective.

�� (c) Earned premium for any period of time in which a replacement policy was in effect before a cancellation must be calculated pro rata at the lower of the current rate or the previous year�s rate.

�� (d) If an insured accedes to a replacement policy, any increase in premium or change in policy terms is effective on the day after the previous policy expires.

�� (e) The notice required under this subsection applies only if the company that offers a replacement policy is different from the company that issued the policy that would otherwise be subject to renewal.

�� (3) An insurer need not notify the named insured or any other insured of nonrenewal of the policy if the insurer has mailed or delivered a notice of expiration or cancellation on or prior to the 30th day preceding expiration of the policy period.

�� (4) Notwithstanding an insurer�s failure to comply with this section, the policy terminates on the effective date of any replacement or succeeding automobile insurance policy, with respect to any automobile designated in both policies.

�� (5) An insurer may not refuse to renew a policy for the reason that the driving privileges of the named insured or any operator either resident in the same household or who customarily operates an automobile insured under the policy were suspended pursuant to ORS 809.280 (6) or (8) if the suspension was based on a nondriving offense. [Formerly 743.916; 1991 c.860 �7b; 2011 c.355 �24; 2017 c.250 �1]

�� 742.568 Proof of cancellation, replacement or nonrenewal notice. Proof of mailing notice of cancellation, notice of replacement, notice of intention not to renew or notice of reasons for cancellation, to the named insured at the address shown in the policy, is sufficient proof of notice. [Formerly 743.920; 2017 c.250 �2]

�� 742.570 Notifying insured under canceled or unrenewed policy of eligibility for participation in insurance pool. When automobile bodily injury and property damage liability coverage is canceled, other than for nonpayment of premium, or in the event of failure to renew automobile bodily injury and property damage liability coverage to which ORS 742.566 applies, the insurer shall notify the named insured of possible eligibility for automobile liability insurance through any insurance pool or facility operating in this state, whether voluntarily or under statute or rule. Such notice shall accompany or be included in the notice of cancellation or the notice of intent not to renew. [Formerly 743.925]

�� 742.572 Immunity from liability of persons furnishing information regarding cancellation or nonrenewal of policies. There shall be no liability on the part of and no cause of action of any nature shall arise against the Director of the Department of Consumer and Business Services or against any insurer, its authorized representative, its agents, its employees, or any firm, person or corporation furnishing to the insurer information as to reasons for cancellation or nonrenewal, for any statement made by any of them in any written notice of cancellation or nonrenewal, or in any other communication, oral or written, specifying the reasons for cancellation or nonrenewal, or providing of information pertaining thereto, or for statements made or evidence submitted at any hearings conducted in connection therewith. [Formerly 743.930]

(Report by Insurer to Department of Transportation)

�� 742.580 Report of cancellation, nonrenewal or issuance of motor vehicle liability policy. Every insurer that issues motor vehicle insurance that is designed to meet either the financial or future responsibility requirements of ORS chapter 806 shall report to the Department of Transportation within 30 days of the day that a person or the insurer cancels or fails to renew such a policy and within 15 days of the day that an insurer issues such a policy. The insurer shall report the person�s name and residence address, the vehicle identification number of each vehicle covered by the policy, whether the policy was bought, canceled or not renewed and any other information required by the department by rule under ORS 806.195. [1993 c.746 �4]

(Personal Vehicle Sharing)

�� 742.585 Definitions for ORS 742.585 to 742.600. As used in ORS 742.585 to 742.600:

�� (1) �Owner�s insurance policy� means a private passenger motor vehicle liability insurance policy that includes:

�� (a) All coverage necessary to comply with the financial or future responsibility requirements of ORS chapter 806;

�� (b) The personal injury protection coverage required under ORS 742.518 to 742.542;

�� (c) The uninsured motorist coverage required under ORS 742.500 to 742.506; and

�� (d) Any optional coverage selected by the owner.

�� (2) �Personal vehicle sharing� means the use of a private passenger motor vehicle by persons other than the vehicle�s registered owner in connection with a personal vehicle sharing program.

�� (3) �Personal vehicle sharing program� means a legal entity qualified to do business in this state engaged in the business of facilitating the sharing of private passenger motor vehicles for noncommercial use by individuals within this state.

�� (4) �Private passenger motor vehicle� means a four-wheel passenger or station wagon type motor vehicle insured under a motor vehicle liability insurance policy covering a single individual or individuals residing in the same household as the named insured.

�� (5) �Program insurance policy� means a motor vehicle liability insurance policy that is obtained by the personal vehicle sharing program and that:

�� (a) Includes all coverage needed to comply with the financial or future responsibility requirements of ORS chapter 806;

�� (b) Includes the personal injury protection coverage required under ORS 742.518 to 742.542;

�� (c) Includes the uninsured motorist coverage required under ORS 742.500 to 742.506;

�� (d) Includes comprehensive property damage coverage for the vehicle;

�� (e) Includes collision property damage coverage for the vehicle; and

�� (f) Does not include any other optional coverage selected by the owner of the vehicle and included in the owner�s insurance policy. [2011 c.457 �2]

�� Note: 742.585 to 742.600 were added to and made a part of the Insurance Code by legislative action but were not added to ORS chapter 742 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 742.590 Personal vehicle sharing program requirements. For each vehicle that the program facilitates the use of, a personal vehicle sharing program shall:

�� (1) Provide a program insurance policy with coverage for the vehicle, the designated operator of the vehicle and all persons who, with the consent of the named insured, use the motor vehicle insured under the policy. The limits for any coverage included in the program insurance policy that is also included in the owner�s insurance policy must be equal to or greater than the coverage limits provided in the owner�s insurance policy, as reported to the program by the owner. However, the program may not provide liability coverage that is less than three times the limits specified in ORS 806.070.

�� (2) Provide the vehicle�s registered owner with a proof of compliance with the insurance requirements of this section and the financial or future responsibility requirements of ORS chapter 806, a copy of which must be maintained in the vehicle by the vehicle�s registered owner at all times when the vehicle is operated by any person other than the vehicle�s registered owner pursuant to the program.

�� (3) Collect, maintain and make available to the vehicle�s registered owner, the vehicle�s registered owner�s primary motor vehicle liability insurer and any government agency as required by law, at the cost of the program:

�� (a) Verifiable electronic records that identify the date and time, initial and final locations of the vehicle and miles driven when the vehicle is under the control of a person other than the vehicle�s registered owner pursuant to the program; and

�� (b) Any information concerning damages or injuries arising out of personal vehicle sharing pursuant to the program.

�� (4) Not knowingly permit the vehicle to be operated as a commercial vehicle by a personal vehicle sharing user while engaged in personal vehicle sharing. For the purposes of this subsection, �commercial vehicle� has the meaning given that term in ORS

ORS 743.946

743.946; 2003 c.364 �105; 2005 c.102 �1]

�� 742.708 Proof of receipt of notice. A post office certificate of mailing to the named insured at the named insured�s last-known address shall constitute conclusive proof that the named insured received the notice of cancellation or nonrenewal on the third calendar day after the date of the certificate of mailing. [Formerly 743.948]

�� 742.710 Exemptions from provisions of ORS 742.700 to 742.708. (1) ORS 742.700 to 742.708 do not apply to:

�� (a) Any commercial liability insurance policy that has not been previously renewed if the policy has been in effect less than 60 days at the time notice of cancellation is mailed or otherwise delivered.

�� (b) Any policy subject to the provisions of ORS 742.560 to 742.572.

�� (c) Workers� compensation insurance.

�� (d) Any assigned risk program.

�� (e) Any excess liability insurance policy, including any commercial umbrella policy and any excess umbrella policy.

�� (2) The Director of the Department of Consumer and Business Services may suspend, in whole or in part, the applicability of ORS 742.700 to 742.708 to any insurer if, in the director�s discretion, its application will endanger the ability of the insurer to fulfill its contractual obligations. [Formerly 743.950; 2005 c.185 �15]

ORS 743B.005

743B.005, shall contain a provision as follows: �REINSTATEMENT: If any renewal premium is not paid within the grace period, a subsequent acceptance of premium by the insurer or by any insurance producer duly authorized by the insurer to accept such premium, without requiring in connection therewith an application for reinstatement, shall reinstate the policy; provided, however, that if the insurer or such insurance producer requires an application for reinstatement and issues a conditional receipt for the premium tendered, the policy will be reinstated upon approval of such application by the insurer or, lacking such approval, upon the 45th day following the date of such conditional receipt unless the insurer has previously notified the insured in writing of its disapproval of such application. The reinstated policy shall cover only loss resulting from such accidental injury as may be sustained after the date of reinstatement and loss due to such sickness as may begin more than 10 days after such date. In all other respects the insured and insurer shall have the same rights thereunder as they had under the policy immediately before the due date of the defaulted premium, subject to any provisions indorsed hereon or attached hereto in connection with the reinstatement. Any premium accepted in connection with a reinstatement shall be applied to a period for which premium has not been previously paid, but not to any period more than 60 days prior to the date of reinstatement.�

�� (2) The last sentence of the provision set forth in subsection (1) of this section may be omitted from any policy which the insured has the right to continue in force subject to its terms by the timely payment of premiums until at least age 50 or, in the case of a policy issued after age 44, for at least five years from its date of issue. [1967 c.359 �432; 2001 c.943 �10; 2003 c.364 �108; 2013 c.681 �13a]

�� 743.423 Notice of claim. (1) A health insurance policy shall contain a provision as follows: �NOTICE OF CLAIM: Written notice of claim must be given to the insurer within 20 days after the occurrence or commencement of any loss covered by the policy, or as soon thereafter as is reasonably possible. Notice given by or on behalf of the insured or the beneficiary to the insurer at ___ (insert the location of such office as the insurer may designate for the purpose), or to any authorized agent of the insurer, with information sufficient to identify the insured, shall be deemed notice to the insurer.�

�� (2) In a policy providing a loss-of-time benefit which may be payable for at least two years, an insurer may at its option insert the following between the first and second sentences of the provision set forth in subsection (1) of this section: �Subject to the qualifications set forth below, if the insured suffers loss of time on account of disability for which indemnity may be payable for at least two years, the insured shall, at least once in every six months after having given notice of claim, give to the insurer notice of continuance of such disability, except in the event of legal incapacity. The period of six months following any filing of proof by the insured or any payment by the insurer on account of such claim or any denial of liability in whole or in part by the insurer shall be excluded in applying this provision. Delay in the giving of such notice shall not impair the insured�s right to any indemnity which would otherwise have accrued during the period of six months preceding the date on which such notice is actually given.� [1967 c.359 �433]

�� 743.426 Claim forms. A health insurance policy shall contain a provision as follows: �CLAIM FORMS: The insurer, upon receipt of a notice of claim, will furnish to the claimant such forms as are usually furnished by it for filing proof of loss. If such forms are not furnished within 15 days after the giving of such notice, the claimant shall be deemed to have complied with the requirements of this policy as to proof of loss upon submitting, within the time fixed in the policy for filing proofs of loss, written proof covering the occurrence, the character and the extent of the loss for which claim is made.� [1967 c.359 �434]

�� 743.429 Proofs of loss. A health insurance policy shall contain a provision as follows: �PROOFS OF LOSS: Written proof of loss must be furnished to the insurer at its office in case of claim for loss for which this policy provides any periodic payment contingent upon continuing loss within 90 days after the termination of the period for which the insurer is liable and in case of claim for any other loss within 90 days after the date of such loss. Failure to furnish such proof within the time required shall not invalidate or reduce any claim if it was not reasonably possible to give proof within such time, provided such proof is furnished as soon as reasonably possible and in no event, except in the absence of legal capacity, later than one year from the time proof is otherwise required.� [1967 c.359 �435]

�� 743.432 Time of payment of claims. A health insurance policy shall contain a provision as follows: �TIME OF PAYMENT OF CLAIMS: Indemnities payable under this policy for any loss other than loss for which this policy provides any periodic payment will be paid immediately upon receipt of due written proof of such loss. Subject to due written proof of loss, all accrued indemnities for loss for which this policy provides periodic payment will be paid ______ (insert period for payment which must not be less frequently than monthly) and any balance remaining unpaid upon the termination of liability will be paid immediately upon receipt of due written proof.� [1967 c.359 �436]

�� 743.435 Payment of claims. (1) A health insurance policy shall contain a provision as follows: �PAYMENT OF CLAIMS: Indemnity for loss of life will be payable in accordance with the beneficiary designation and the provisions respecting such payment which may be prescribed herein and effective at the time of payment. If no such designation or provision is then effective, such indemnity shall be payable to the estate of the insured. Any other accrued indemnities unpaid at the insured�s death may, at the option of the insurer, be paid either to such beneficiary or to such estate. All other indemnities will be payable to the insured.�

�� (2) The following provisions, or either of them, may be included with the provision set forth in subsection (1) of this section at the option of the insurer:

�� (a) �If any indemnity of this policy shall be payable to the estate of the insured, or to an insured or beneficiary who is a minor or otherwise not competent to give a valid release, the insurer may pay such indemnity, up to an amount not exceeding $___ (insert an amount which shall not exceed $1,000), to any relative by blood or connection by marriage of the insured or beneficiary who is deemed by the insurer to be equitably entitled thereto. Any payment made by the insurer in good faith pursuant to this provision shall fully discharge the insurer to the extent of such payment.�

�� (b) �Subject to any written direction of the insured in the application or otherwise all or a portion of any indemnities provided by this policy on account of hospital, nursing, medical or surgical services may, at the insurer�s option and unless the insured requests otherwise in writing not later than the time of filing proofs of such loss, be paid directly to the hospital or person rendering such services; but it is not required that the service be rendered by a particular hospital or person.� [1967 c.359 �437]

�� 743.438 Physical examinations and autopsy. A health insurance policy shall contain a provision as follows: �PHYSICAL EXAMINATIONS AND AUTOPSY: The insurer at its own expense shall have the right and opportunity to examine the person of the insured when and as often as it may reasonably require during the pendency of a claim hereunder and to make an autopsy in case of death where it is not forbidden by law.� [1967 c.359 �438]

�� 743.441 Legal actions. A health insurance policy shall contain a provision as follows: �LEGAL ACTIONS: No action at law or in equity shall be brought to recover on this policy prior to the expiration of 60 days after written proof of loss has been furnished in accordance with the requirements of this policy. No such action shall be brought after the expiration of three years after the time written proof of loss is required to be furnished.� [1967 c.359 �439]

�� 743.444 Change of beneficiary. (1) A health insurance policy shall contain a provision as follows: �CHANGE OF BENEFICIARY: Unless the insured makes an irrevocable designation of beneficiary, the right to change of beneficiary is reserved to the insured and the consent of the beneficiary or beneficiaries shall not be requisite to surrender or assignment of this policy or to any change of beneficiary or beneficiaries or to any other changes in this policy.�

�� (2) The first clause of the provision set forth in subsection (1) of this section, relating to the irrevocable designation of beneficiary, may be omitted at the insurer�s option. [1967 c.359 �440]

�� 743.447 Optional provisions. Except as provided in ORS 742.021, provisions in a health insurance policy respecting the matters set forth in ORS 743.450 to 743.477 shall be in the words that appear in such sections. Any such provision contained in the policy shall be preceded individually by the appropriate caption appearing in such sections or, at the option of the insurer, by such appropriate individual or group captions or subcaptions as the Director of the Department of Consumer and Business Services may approve. [1967 c.359 �441; 2011 c.9 �93]

�� 743.450 Change of occupation. A health insurance policy may contain a provision as follows: �CHANGE OF OCCUPATION: If the insured be injured or contract sickness after having changed occupation to one classified by the insurer as more hazardous than that stated in this policy or while doing for compensation anything pertaining to an occupation so classified, the insurer will pay only such portion of the indemnities provided in this policy as the premium paid would have purchased at the rates and within the limits fixed by the insurer for such more hazardous occupation. If the insured changes occupation to one classified by the insurer as less hazardous than that stated in this policy, the insurer, upon receipt of proof of such change of occupation, will reduce the premium rate accordingly, and will return the excess pro rata unearned premium from the date of change of occupation or from the policy anniversary date immediately preceding receipt of such proof, whichever is the more recent. In applying this provision, the classification of occupational risk and the premium rates shall be such as have been last filed by the insurer prior to the occurrence of the loss for which the insurer is liable or prior to date of proof of change in occupation with the state official having supervision of insurance in the state where the insured resided at the time this policy was issued; but if such filing was not required, then the classification of occupational risk and the premium rates shall be those last made effective by the insurer in such state prior to the occurrence of the loss or prior to the date of proof of change in occupation.� [1967 c.359 �442]

�� 743.453 Misstatement of age. A health insurance policy may contain a provision as follows: �MISSTATEMENT OF AGE: If the age of the insured has been misstated, all amounts payable under this policy shall be such as the premium paid would have purchased at the correct age.� [1967 c.359 �443]

�� 743.456 Other insurance in same insurer. (1) A health insurance policy may contain a provision as follows: �OTHER INSURANCE IN THIS INSURER: If an accident or sickness or accident and sickness policy or policies previously issued by the insurer to the insured be in force concurrently herewith, making the aggregate indemnity for _ (insert type of coverage or coverages) in excess of $_ (insert maximum limit of indemnity or indemnities), the excess insurance shall be void and all premiums paid for such excess shall be returned to the insured or to the estate of the insured.�

�� (2) In lieu of the provisions set forth in subsection (1) of this section, the policy may contain a provision as follows: �OTHER INSURANCE IN THIS INSURER: Insurance effective at any one time on the insured under a like policy or policies in this company is limited to the one such policy elected by the insured, the beneficiary or the estate of the insured, as the case may be, and the insurer will return all premiums paid for all other such policies.� [1967 c.359 �444]

�� 743.459 Insurance with other insurers; expense incurred benefits. (1) A health insurance policy may contain a provision as follows: �INSURANCE WITH OTHER INSURERS: If there be other valid coverage, not with this insurer, providing benefits for the same loss on a provision of service basis or on an expense incurred basis and of which this insurer has not been given written notice prior to the occurrence or commencement of loss, the only liability under any expense incurred coverage of this policy shall be for such proportion of the loss as the amount which would otherwise have been payable hereunder plus the total of the like amounts under all such other valid coverages for the same loss of which this insurer had notice bears to the total like amounts under all valid coverages for such loss, and for the return of such portion of the premiums paid as shall exceed the pro rata portion for the amount so determined. For the purpose of applying this provision when other coverage is on a provision of service basis, the �like amount� of such other coverage shall be taken as the amount which the services rendered would have cost in the absence of such coverage.�

�� (2) If the policy provision set forth in subsection (1) of this section is included in a policy which also contains the policy provision set forth in ORS 743.462, there shall be added to the caption of the provision set forth in subsection (1) of this section the phrase �EXPENSE INCURRED BENE- FITS.� The insurer may, at its option, include in this provision a definition of �other valid coverage,� approved as to form by the Director of the Department of Consumer and Business Services, which definition shall be limited in subject matter to coverage provided by organizations subject to regulation by insurance law or by insurance authorities of this or any other state of the United States or any province of Canada, and by hospital or medical service organizations, and to any other coverage the inclusion of which may be approved by the director. In the absence of such definition such term shall not include group insurance, automobile medical payments insurance or coverage provided by hospital or medical service organizations or by union welfare plans or employer or employee benefit organizations. For the purpose of applying the policy provision set forth in this section with respect to any insured, any amount of benefit provided for such insured pursuant to any compulsory benefit statute (including any workers� compensation or employer�s liability statute), whether provided by a governmental agency or otherwise, shall in all cases be deemed to be �other valid coverage� of which the insurer has had notice. In applying the policy provision set forth in this section no third party liability coverage shall be included as �other valid coverage.� [1967 c.359 �445]

�� 743.462 Insurance with other insurers; other than expense incurred benefits. (1) A health insurance policy may contain a provision as follows: �INSURANCE WITH OTHER INSURERS: If there be other valid coverage, not with this insurer, providing benefits for the same loss on other than an expense incurred basis and of which this insurer has not been given written notice prior to the occurrence or commencement of loss, the only liability for such benefits under this policy shall be for such proportion of the indemnities otherwise provided hereunder for such loss as the like indemnities of which the insurer had notice (including the indemnities under this policy) bear to the total amount of all like indemnities for such loss, and for the return of such portion of the premium paid as shall exceed the pro rata portion for the indemnities thus determined.�

�� (2) If the policy provision set forth in subsection (1) of this section is included in a policy which also contains the policy provision set forth in ORS 743.459, there shall be added to the caption of the provision set forth in subsection (1) of this section the phrase �OTHER BENEFITS.� The insurer may, at its option, include in this provision a definition of �other valid coverage,� approved as to form by the Director of the Department of Consumer and Business Services, which definition shall be limited in subject matter to coverage provided by organizations subject to regulation by insurance law or by insurance authorities of this or any other state of the United States or any province of Canada, and to any other coverage the inclusion of which may be approved by the director. In the absence of such definition such term shall not include group insurance, or benefits provided by union welfare plans or by employer or employee benefit organizations. For the purpose of applying the policy provision set forth in this section with respect to any insured, any amount of benefit provided for such insured pursuant to any compulsory benefit statute (including any workers� compensation or employer�s liability statute), whether provided by a governmental agency or otherwise, shall in all cases be deemed to be �other valid coverage� of which the insurer has had notice. In applying the policy provision set forth in this section no third party liability coverage shall be included as �other valid coverage.� [1967 c.359 �446]

�� 743.465 Relation of earnings to insurance. (1) A health insurance policy may contain a provision as follows: �RELATION OF EARNINGS TO INSURANCE: If the total monthly amount of loss of time benefits promised for the same loss under all valid loss of time coverage upon the insured, whether payable on a weekly or monthly basis, shall exceed the monthly earnings of the insured at the time disability commenced or the average monthly earnings of the insured for the period of two years immediately preceding a disability for which claim is made, whichever is the greater, the insurer will be liable only for such proportionate amount of such benefits under this policy as the amount of such monthly earnings or such average monthly earnings of the insured bears to the total amount of monthly benefits for the same loss under all such coverage upon the insured at the time such disability commences and for the return of such part of the premiums paid during such two years as shall exceed the pro rata amount of the premiums for the benefits actually paid hereunder; but this shall not operate to reduce the total monthly amount of benefits payable under all such coverage upon the insured below the sum of $200 or the sum of the monthly benefits specified in such coverages, whichever is the lesser, nor shall it operate to reduce benefits other than those payable for loss of time.�

�� (2) The policy provision set forth in subsection (1) of this section may be inserted only in a policy which the insured has the right to continue in force subject to its terms by the timely payment of premiums until at least age 50 or, in the case of a policy issued after age 44, for at least five years from its date of issue. The insurer may, at its option, include in this provision a definition of �valid loss of time coverage,� approved as to form by the Director of the Department of Consumer and Business Services, which definition shall be limited in subject matter to coverage provided by governmental agencies or by organizations subject to regulation by insurance law or by insurance authorities of this or any other state of the United States or any province of Canada, or to any other coverage the inclusion of which may be approved by the director or any combination of such coverages. In the absence of such definition such term shall not include any coverage provided for such insured pursuant to any compulsory benefit statute (including any workers� compensation or employer�s liability statute), or benefits provided by union welfare plans or by employer or employee benefit organizations. [1967 c.359 �447]

�� 743.468 Unpaid premium. A health insurance policy may contain a provision as follows: �UNPAID PREMIUM: Upon the payment of a claim under this policy, any premium then due and unpaid or covered by any note or written order may be deducted therefrom.� [1967 c.359 �448]

�� 743.471 Cancellation. A health insurance policy may contain a provision as follows: �CANCELLATION: The insurer may cancel this policy by written notice delivered to the insured, or mailed to the last address of the insured as shown by the records of the insurer. The notice must state the reason for cancellation and the date on which the cancellation shall be effective. Except as provided under the �GRACE PERIOD� provision of this policy for nonpayment of premium, cancellation shall not become effective earlier than the 30th day after the date of the notice. After the policy has been continued beyond its original term, the insured may cancel this policy at any time by written notice delivered or mailed to the insurer, effective upon receipt or on such later date as may be specified in such notice. In the event of cancellation, the insurer will return promptly the unearned portion of any premium paid. If the insured cancels, the earned premium shall be computed by the use of the short rate table last filed with the state official having supervision of insurance in the state where the insured resided when the policy was issued. If the insurer cancels, the earned premium shall be computed pro rata. Cancellation shall be without prejudice to any claim originating prior to the effective date of cancellation.� [1967 c.359 �449; 1989 c.784 �20]

�� 743.472 Permissible reasons for cancellation or refusal to renew. An insurer selling individual health insurance policies may cancel or refuse to renew an individual health insurance policy only if the insurer makes a determination to cancel or not to renew all policies of the same type and form as the individual policy, or if the ground for cancellation or nonrenewal is any of the following and is stated as a provision of the policy:

�� (1) A fraudulent or material misstatement made by the applicant in an application for the health policy. A material misstatement is subject to any time limit, as specified by law and included in the policy, for voiding the policy on the basis of a misstatement. For purposes of this subsection, a misstatement may include an incorrect statement or a misrepresentation, omission or concealment of fact;

�� (2) Excess or other insurance in the same insurer, as described in ORS 743.456;

�� (3) Nonpayment of premium; or

�� (4) Any other reason specified by the Director of the Department of Consumer and Business Services by rule. [1989 c.784 �18; 1991 c.182 �5]

�� Note: 743.472 was added to and made a part of 743.405 to 743.498 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 743.474 Conformity with state statutes. A health insurance policy may contain a provision as follows: �CONFORMITY WITH STATE STATUTES: Any provision of this policy which, on its effective date, is in conflict with the statutes of the state in which the insured resides on such date hereby is amended to conform to the minimum requirements of such statutes.� [1967 c.359 �450]

�� 743.477 Illegal occupation. A health insurance policy may contain a provision as follows: �ILLEGAL OCCUPATION: The insurer shall not be liable for any loss to which a contributing cause was the insured�s commission of or attempt to commit a felony or to which a contributing cause was the insured�s being engaged in an illegal occupation.� [1967 c.359 �451]

�� 743.480 [1967 c.359 �452; 1979 c.744 �64; 2007 c.128 �1; renumbered 743A.164 in 2007]

�� 743.483 Arrangement of provisions. The provisions of a health insurance policy that are the subject of ORS 743.408 to 743.477, or any corresponding provisions that are used in lieu thereof in accordance with the Insurance Code, shall be printed in the consecutive order of such sections or, at the option of the insurer, any such provision may appear as a unit in any part of the policy, with other provisions to which it may be logically related, provided the resulting policy shall not be in whole or in part unintelligible, uncertain, ambiguous, abstruse or likely to mislead a person to whom the policy is offered, delivered or issued. [1967 c.359 �453; 2009 c.11 �95; 2011 c.9 �94]

�� 743.486 Scope of term �insured� in statutory policy provisions. As used in ORS 743.402 to 743.498, the word �insured� shall not be construed as preventing a person other than the insured with a proper insurable interest from making application for and owning a policy covering the insured or from being entitled under such a policy to any indemnities, benefits and rights provided therein. [1967 c.359 �454; 2011 c.9 �95]

�� 743.489 Extension of coverage beyond policy period; effect of misstatement of age. If any health insurance policy contains a provision establishing, as an age limit or otherwise, a date after which the coverage provided by the policy will not be effective, and if such date falls within a period for which premium is accepted by the insurer or if the insurer accepts a premium after such date, the coverage provided by the policy shall continue in force subject to any right of cancellation until the end of the period for which premium has been accepted. In the event the age of the insured has been misstated and if, according to the correct age of the insured, the coverage provided by the policy would not have become effective, or would have ceased prior to the acceptance of such premium or premiums, then the liability of the insurer shall be limited to the refund, upon request, of all premiums paid for the period not covered by the policy. [Formerly 741.170]

�� 743.492 Policy return and premium refund provision. Every health insurance policy except single premium nonrenewable policies shall have printed on its face or attached thereto a notice stating in substance that the person to whom the policy is issued shall be permitted to return the policy within 10 days of its delivery to the purchaser and to have the premium paid refunded if, after examination of the policy, the purchaser is not satisfied with it for any reason. If a policyholder or purchaser pursuant to such notice returns the policy to the insurer at its home or branch office or to the insurance producer through whom it was purchased, it shall be void from the beginning and the parties shall be in the same position as if no policy had been issued. [Formerly 741.180; 2003 c.364 �109]

�� 743.495 Use of terms �noncancelable� or �guaranteed renewable�; synonymous terms. (1) No health insurance policy shall contain the following unqualified terms except as provided in this subsection:

�� (a) The unqualified terms �noncancelable� or �noncancelable and guaranteed renewable� may be used only in a policy which the insured has the right to continue in force for life by the timely payment of premiums set forth in the policy, during which period the insurer has no right to make unilaterally any change in any provision of the policy while the policy is in force.

�� (b) The unqualified term �guaranteed renewable,� except as provided in paragraph (a) of this subsection, may be used only in a policy which the insured has the right to continue in force for life by the timely payment of premiums, during which period the insurer has no right to make unilaterally any change in any provision of the policy while the policy is in force, except that the insurer may make changes in premium rates by classes.

�� (2) The limitations prescribed in subsection (1) of this section on the use of the term �noncancelable� shall also apply to any synonymous term such as �not cancelable� and such limitations on the use of the term �guaranteed renewable� shall also apply to any synonymous term such as �guaranteed continuable.� [Formerly

ORS 744.058

744.058 or both. For each industry designation that the director recognizes and for the extent of the exemption to be given, the director shall consider the content, quality and scope of the educational program required for the designation as well as other factors determined by the director to be relevant.

�� (5) An individual is not required to complete prelicensing education or the examination required in ORS 744.058 or 744.064 for the following licenses:

�� (a) A license authorizing the individual to transact a type of limited class insurance, except as the director otherwise provides by rule.

�� (b) A license authorizing the individual to transact title insurance. [2001 c.191 �10; 2003 c.364 �11]

�� 744.068 Required notifications; maintenance of usual and customary records; rules. (1) An insurance producer shall notify the Director of the Department of Consumer and Business Services prior to transacting business under the insurance producer license under any name other than the insurance producer�s legal name and prior to changing, deleting or adding an assumed business name in connection with the insurance producer�s business under the insurance producer license.

�� (2) A resident insurance producer shall keep at the principal place of business of the insurance producer the usual and customary records pertaining to the business under the resident insurance producer license. All such records shall be kept available and open to the inspection of the director during business hours. A resident insurance producer shall keep records of insurance transacted by the insurance producer under the license for three years following expiration of the policy unless the director designates another period.

�� (3) A nonresident insurance producer shall keep at the principal place of business of the insurance producer the usual and customary records pertaining to the business under the nonresident insurance producer license. All such records shall be kept available and open to the inspection of the director during business hours. For the purpose of this subsection, if a nonresident insurance producer has a place of transacting insurance in this state, that place shall be the principal place of business for the nonresident insurance producer. A nonresident insurance producer shall keep records of insurance transacted by the insurance producer under the nonresident insurance producer license for three years following expiration of the policy unless the director designates another period.

�� (4) An insurance producer shall notify the director of any of the following changes not later than the 30th day after the date of the change:

�� (a) A change of address or telephone number of the principal place of business or any location at which the insurance producer transacts business under the license in this state.

�� (b) The opening or closing of a location at which the insurance producer transacts business under the license in this state.

�� (c) A change of residence. This paragraph applies only to a resident insurance producer.

�� (5) Not later than the 30th day after the authority of an individual insurance producer to act for an insurance producer that is a business entity has commenced or terminated, the business entity shall notify the director of the commencement or termination. The director may establish by rule a different period within which the business entity must notify the director under this subsection. [2001 c.191 �11; 2003 c.364 �12]

�� 744.069 [1989 c.701 �26; repealed by 2001 c.191 �61]

�� 744.070 [Amended by 1967 c.359 �480; renumbered 743.603]

�� 744.071 [Formerly 744.055; repealed by 2001 c.191 �61]

�� 744.072 Renewal or reinstatement of insurance producer license; continuing education; rules. (1) An insurance producer license remains in effect unless revoked or suspended as long as all applicable fees are paid by the due date and, if the licensee is a resident individual insurance producer, as long as the licensee has met applicable continuing education requirements for resident individual insurance producers under subsection (4) of this section by the due date. The renewal fee is due on the last day of the month in which the second anniversary of the initial issuance date of the license occurs and on the second anniversary following each renewal. The Director of the Department of Consumer and Business Services may establish another renewal period for the purpose of coordination with any national registration or licensing system.

�� (2) As a condition for or in connection with the renewal of an insurance producer license the director may require the insurance producer to file information with the director regarding use made of the license during the previous year or two years, and especially showing whether the license has been used principally for the writing of personal or controlled insurance, as defined in ORS 746.065.

�� (3) The director may require an insurance producer, as a condition for renewal of the insurance producer license, to fulfill any or all of the requirements then applicable to the original issuance of the license.

�� (4) The director by rule may establish requirements for continuing education that each resident individual insurance producer must satisfy as a condition for renewing the resident insurance producer license. The hours of education so required shall not exceed 45 hours annually during the first five years an individual is licensed, 24 hours annually during the next five years an individual is licensed, and 12 hours annually for individuals licensed for more than 10 years or for individuals who have received the designation C.P.C.U., C.L.U. or comparable designation recognized by the director. Continuing education shall not be required for:

�� (a) Any person to whom a license is issued without examination pursuant to ORS 744.067 (5);

�� (b) Any person who before January 1, 2010:

�� (A) Requests an exemption from the requirement;

�� (B) Is authorized to transact only life insurance;

�� (C) Is 58 years of age or older;

�� (D) Has 10 or more years of experience as a licensed insurance producer; and

�� (E) Is servicing only existing policies; or

�� (c) Any person whose license is indorsed to authorize the person to act as a reinsurance intermediary broker or reinsurance intermediary manager, or both, as described in ORS 744.800, but the exemption applies solely for the purpose of maintaining the indorsement and does not affect any continuing education requirement that otherwise applies.

�� (5) In connection with establishing continuing education requirements under subsection (4) of this section, the director may make arrangements, including contracting with a private service, for establishing and operating a program and standards for approving and registering continuing education programs and their providers.

�� (6) An individual insurance producer who allows the insurance producer license to lapse may apply to the director to reinstate the same license within 12 months from the due date for renewal without having to take and pass a written examination, but the insurance producer must pay an amount for the reinstatement that is equal to double the unpaid renewal fee for any renewal fee paid after the due date and must complete any continuing education requirements not satisfied to date, including the period for which the license was lapsed. A license reinstated under this subsection is effective upon the date that the director grants the reinstatement.

�� (7) An individual insurance producer who is unable to comply with license renewal procedures due to military service or another extenuating circumstance such as a long term medical disability may request a waiver from compliance with those procedures. The insurance producer may also request a waiver of any examination requirement or any penalty imposed for failure to comply with renewal procedures. [2001 c.191 �12; 2003 c.364 �13; 2009 c.96 �1]

�� 744.073 Temporary insurance producer license. (1) The Director of the Department of Consumer and Business Services may issue a temporary insurance producer license for a period not to exceed 180 days without requiring a written examination if the director determines that the temporary license is necessary for the servicing of an insurance business in the following cases:

�� (a) To the surviving spouse or court-appointed personal representative of a licensed insurance producer who dies or becomes mentally or physically disabled to allow adequate time for the sale of the insurance business owned by the insurance producer, for the recovery or return of the insurance producer to the business, or to provide for the training and licensing of new personnel to operate the insurance producer�s business;

�� (b) To a member or employee of a business entity licensed as an insurance producer, upon the death or disability of the individual designated in the business entity application or the license;

�� (c) To the designee of a licensed insurance producer entering active service in the Armed Forces of the United States; or

�� (d) In any other circumstance in which the director determines that the public interest will best be served by the issuance of the license.

�� (2) The director may by order limit the authority of any temporary licensee in any way that the director determines to be necessary to protect insureds and the public. The director may require the temporary licensee to have a suitable sponsor who is a licensed insurance producer or insurer and who assumes responsibility for all acts of the temporary licensee and may impose other similar requirements designed to protect insureds and the public. The director may revoke a temporary license if the interest of insureds or the public is endangered. A temporary license may not continue after the owner or the personal representative disposes of the business. [2001 c.191 �13; 2003 c.364 �14]

�� 744.074 Authority of director to place licensee on probation or to suspend, revoke or refuse to issue or renew license. (1) The Director of the Department of Consumer and Business Services may place a licensee on probation or suspend, revoke or refuse to issue or renew an insurance producer license and may take other actions authorized by the Insurance Code in lieu thereof or in addition thereto, for any one or more of the following causes:

�� (a) Providing incorrect, misleading, incomplete or materially untrue information in the license application.

�� (b) Violating any insurance laws, or violating any rule, subpoena or order of the director or of the insurance commissioner of another state or Mexico or Canada.

�� (c) Obtaining or attempting to obtain a license through misrepresentation or fraud.

�� (d) Improperly withholding, misappropriating or converting any moneys or properties received in the course of doing insurance business.

�� (e) Intentionally misrepresenting the terms of an actual or proposed insurance contract or application for insurance.

�� (f) Having been convicted of a felony, of a misdemeanor involving dishonesty or breach of trust, or of an offense punishable by death or imprisonment under the laws of the United States. The record of the conviction shall be conclusive evidence of the conviction.

�� (g) Having admitted or been found to have committed any unfair trade practice or fraud related to insurance.

�� (h) Using fraudulent, coercive or dishonest practices, or demonstrating incompetence, untrustworthiness or financial irresponsibility in the conduct of business in this state or elsewhere.

�� (i) Cancellation, revocation, suspension or refusal to renew by any state of a license or other evidence of authority to act as an adjuster or an insurance producer or consultant. The record of the cancellation, revocation, suspension or refusal to renew shall be conclusive evidence of the action taken.

�� (j) Cancellation, revocation, suspension or refusal to renew by any state or federal agency, by a Canadian province or by the government of Mexico of the authority to practice law or to practice under any other regulatory authority if the cancellation, revocation, suspension or refusal to renew was related to the business of an adjuster or an insurance producer or consultant, or if dishonesty, fraud or deception was involved. The record of the cancellation, revocation, suspension or refusal to renew shall be conclusive evidence of the action taken.

�� (k) Forging another person�s name to an application for insurance or to any document related to an insurance transaction.

�� (L) Improperly using notes or any other reference material to complete an examination for an insurance license.

�� (m) Knowingly accepting insurance business from an individual who is not licensed.

�� (n) Error by the director in issuing or renewing a license.

�� (o) Failing to pay a civil penalty assessed by the director that has become final by operation of law or upon appeal.

�� (p) Failing to pay any fee or charge to the director.

�� (q) Failing to comply with continuing education requirements applicable to the license or any class of insurance authorized under the license, unless the director has waived the requirements.

�� (2) If the director refuses to issue or renew an insurance producer license, the director shall notify the applicant or licensee and inform the applicant or licensee in writing of the reason for the refusal to issue or renew and of the applicant�s or licensee�s rights under ORS chapter 183.

�� (3) The director may suspend, revoke or refuse to issue or renew the insurance producer license of a business entity if the director determines that an individual licensee�s violation was known or should have been known by one or more of the partners, officers or managers acting on behalf of the partnership or corporation but the violation was not reported to the director and corrective action was not taken. [2001 c.191 �14; 2003 c.364 �15]

�� 744.075 [1967 c.359 �532; 1983 c.76 �4; 1989 c.701 �28; 1991 c.810 �7; repealed by 2001 c.191 �61]

�� 744.076 Payment of commission, service fee or brokerage. (1) An insurer or insurance producer may not pay a commission, service fee, brokerage or other valuable consideration to a person for selling, soliciting or negotiating insurance in this state if that person is required to be licensed as an insurance producer and is not so licensed.

�� (2) A person shall not accept a commission, service fee, brokerage or other valuable consideration for selling, soliciting or negotiating insurance in this state if that person is required to be licensed as an insurance producer and is not so licensed.

�� (3) Renewal or other deferred commissions may be paid to a person for selling, soliciting or negotiating insurance in this state if the person was required to be licensed as an insurance producer at the time of the sale, solicitation or negotiation and was then so licensed.

�� (4) An insurer or insurance producer may pay or assign commissions, service fees, brokerages or other valuable consideration to an insurance agency or to persons who do not sell, solicit or negotiate insurance in this state, except when the payment or assignment would violate ORS 746.045 or 746.055. [2001 c.191 �15; 2003 c.364 �16]

�� 744.077 Conditions under which person licensed as insurance producer and consultant may accept commission or fee; rules. (1) The Director of the Department of Consumer and Business Services shall establish by rule the conditions under which a person who is licensed as an insurance producer and as an insurance consultant may accept a commission or a fee, or both, in a transaction or in related transactions. The director may establish different conditions for such products as employee benefit plans, insurance for personal, family or household purposes and insurance for commercial purposes, and for any other insurance product as determined appropriate by the director. In developing rules under this subsection, the director shall take into account the requirements and characteristics of the different insurance products and the varying degrees of trade practice regulation needed.

�� (2) Except as otherwise provided by rule, an insurance producer who is not licensed as an insurance consultant may receive only commission. [Formerly 744.039; 2003 c.364 �17]

�� 744.078 Appointment of insurance producers; rules. (1) An insurance producer shall not act as an agent of an insurer unless:

�� (a) The insurance producer is an appointed agent of that insurer; or

�� (b) The insurance producer transacts insurance on behalf of another insurance producer who is an appointed agent of that insurer according to conditions and limitations established by the Director of the Department of Consumer and Business Services by rule.

�� (2) Each insurer shall maintain a current list of insurance producers contractually authorized to accept applications on behalf of the insurer. Each insurer shall make the list available to the director upon request.

�� (3) An insurance producer may represent as agent under one insurance producer license as many insurers as may appoint the insurance producer in accordance with this section.

�� (4) Except as provided in a group contract of insurance under subsection (5) of this section, any person who solicits or procures an application for insurance as an agent of the insurer shall in all matters relating to the application for insurance and the policy issued in consequence of the application be regarded as the agent of the insurer issuing the policy and not the agent of the insured. Any provision in the application and policy to the contrary is invalid and of no effect.

�� (5) A group contract of insurance and the individual certificate issued pursuant to the group contract may contain provisions stating whether the group policyholder acts as the agent of the individual insured or as the agent of the insurer. [2001 c.191 �16; 2003 c.364 �18]

�� 744.079 Termination of relationship with insurance producer. (1) An insurer or authorized representative of the insurer who terminates the appointment, employment, contract or other insurance business relationship with an insurance producer shall notify the Director of the Department of Consumer and Business Services not later than the 30th day after the effective date of the termination, in the manner prescribed by the director, if the reason for termination is one of the reasons set forth in ORS 744.074 or if the insurer has knowledge that the insurance producer was found by a court, government body or self-regulatory organization authorized by law to have engaged in any of the activities set forth in ORS 744.074. Upon the written request of the director, the insurer shall provide additional information, documents, records or other data pertaining to the termination or activity of the insurance producer.

�� (2) An insurer or the authorized representative of the insurer shall promptly notify the director in a manner acceptable to the director if, upon further review or investigation, the insurer discovers additional information that would have been reportable to the director in accordance with subsection (1) of this section if the insurer had then known of its existence.

�� (3) Not later than the 15th day after making a notification required by subsection (1) or (2) of this section, the insurer shall mail a copy of the notification to the insurance producer at the insurance producer�s last known business address. If the insurance producer is terminated for cause for any of the reasons listed in ORS 744.074, the insurer shall provide a copy of the notification to the insurance producer at the insurance producer�s last known business address by certified mail, return receipt requested, postage prepaid or by overnight delivery using a nationally recognized carrier.

�� (4) Not later than the 30th day after the insurance producer has received a notification under subsection (3) of this section, the insurance producer may file with the director written comments concerning the substance of the notification. The insurance producer shall, by the same means, simultaneously send a copy of the comments to the reporting insurer. The comments shall become a part of the director�s file and shall accompany every copy of a report distributed or disclosed for any reason about the insurance producer as allowed under subsection (5) of this section.

�� (5) In the absence of actual malice, an insurer, the authorized representative of the insurer, an insurance producer, the director or an organization of which the director is a member and that compiles the information and makes it available to other insurance regulators or regulatory or law enforcement agencies shall not be subject to civil liability. In the absence of actual malice, a civil cause of action shall not arise against any such entity or its agents or employees as a result of any statement or information required by or provided pursuant to this section, or any information relating to any statement that may be requested in writing by the director from an insurer or insurance producer, or relating to a statement by a terminating insurer or insurance producer to an insurer or insurance producer, that is limited exclusively to whether a termination for cause under subsection (1) of this section was reported to the director. Immunity under this subsection is available only if the propriety of any termination for cause under subsection (1) of this section is certified in writing by an officer or authorized representative of the insurer terminating the relationship.

�� (6) In any action brought against a person who may have immunity under subsection (5) of this section for making any statement required by this section or providing any information relating to any statement that may be requested in writing by the director, the party bringing the action must plead specifically in any allegation that subsection (5) of this section does not apply because the person making the statement or providing the information did so with actual malice.

�� (7) Subsections (5) and (6) of this section do not abrogate or modify any existing statutory or common law privileges or immunities.

�� (8) The director may take any administrative action authorized by the Insurance Code, including suspension or revocation of a license or certificate of authority, against an insurer, the authorized representative of an insurer or an insurance producer who fails to file notice as required by this section or who is found by a court of competent jurisdiction to have filed notice with actual malice.

�� (9) Any information, documents, records or other data in the control or possession of the director that are furnished by an insurer or an insurance producer, or an employee or agent thereof acting on behalf of the insurer or insurance producer, or that are obtained by the director in an investigation pursuant to this section shall be confidential, shall not be subject to subpoena and shall not be subject to discovery nor admissible in evidence in any private civil action. The director, however, may use the confidential information, documents, records or other data in administering this section and in the furtherance of any other regulatory or legal action brought as a part of the director�s duties. The information, documents, records or other data referred to in this subsection are subject to the public officer privilege described in ORS 40.270. [2001 c.191 �17; 2003 c.364 �19]

�� 744.080 [Repealed by 1967 c.359 �704]

�� 744.081 Termination of appointment. (1) An insurer may terminate an agency appointment at any time as provided in this section. Termination shall be without prejudice to the contract rights, if any, of the insurance producer so terminated. The insurer shall give written notice of the termination and the date thereof to the insurance producer at least 90 days prior to the effective date of the termination. The notice must specify the reasons for the termination. The insurer shall deliver the notice either in person or by mail at the address last provided by the insurance producer to the insurer. The insurance producer shall not have a cause of action against the insurer as a result of any statement in the notice unless the statement is false and the insurer knew the statement was false when made.

�� (2) An insurer may terminate an agency appointment without giving the notice required by subsection (1) of this section on any of the grounds specified in this subsection. The following are grounds for termination under this subsection:

�� (a) The insurance producer�s insurance license is denied, restricted, revoked, suspended or canceled by any public authority;

�� (b) The insurance producer�s business is sold, transferred or merged and the insurer has not appointed the successor;

�� (c) The insurance producer is insolvent or fails to remit balances to the insurer in accordance with the agreement;

�� (d) The insurance producer commits fraud or engages in intentional misconduct;

�� (e) The insurer amends its certificate of authority in order to discontinue a class of insurance;

�� (f) The insurer ceases selling insurance in this state; or

�� (g) The insurer and insurance producer mutually agree to terminate the agency appointment.

�� (3) An insurance producer may terminate an agency appointment at any time, but the termination shall be without prejudice to the contract rights, if any, of the appointing insurer. The insurance producer shall give written notice of the termination and the date thereof to the director not later than the 30th day after the effective date of the termination, and to the insurer. The director may require reasonable proof from the insurance producer that the insurance producer has given such notice to the insurer. [Formerly 744.175; 2003 c.364 �20]

�� 744.082 Waiver of requirement for nonresident insurance producer license applicant. The Director of the Department of Consumer and Business Services shall waive any requirement for a nonresident insurance producer license applicant with a valid resident insurance producer license from the applicant�s home state, except the requirements imposed by ORS

ORS 744.090

744.090 and then 743.111]

�� 742.060 [Amended by 1965 c.611 �10; repealed by 1967 c.359 �704]

�� 742.061 Recovery of attorney fees in action on policy or contractor�s bond. (1) Except as otherwise provided in subsections (2) and (3) of this section, if settlement is not made within six months from the date proof of loss is filed with an insurer and an action is brought in any court of this state upon any policy of insurance of any kind or nature, and the plaintiff�s recovery exceeds the amount of any tender made by the defendant in such action, a reasonable amount to be fixed by the court as attorney fees shall be taxed as part of the costs of the action and any appeal thereon. If the action is brought upon the bond of a contractor or subcontractor executed and delivered as provided in ORS 279B.055, 279B.060,

ORS 744.818

744.818.

�� (3) A person may act as a reinsurance intermediary manager only as follows:

�� (a) A person may act as a reinsurance intermediary manager for a reinsurer domiciled in this state if the person is a licensed insurance producer or reinsurance intermediary in this state.

�� (b) A person may act as a reinsurance intermediary manager in this state if the person maintains an office in this state either directly or as a member or employee of a firm or association, or as an officer, director or employee of a corporation, if the person is a licensed insurance producer or reinsurance intermediary in this state.

�� (4) The Director of the Department of Consumer and Business Services may issue a reinsurance intermediary license to any person that has complied with the requirements of this section. A license issued to a firm or association authorizes all of the members of the firm or association and any designated employees of the firm or association to act as reinsurance intermediaries under the license. All such persons must be named in the license application and any supplements to the application. A license issued to a corporation authorizes all of the officers and any designated employees and directors of the corporation to act as reinsurance intermediaries on behalf of the corporation. All such persons must be named in the license application and any supplements to the application.

�� (5) The director shall issue a resident reinsurance intermediary license to a person if the person holds an insurance producer license issued under ORS 744.062 and indorsed with the designation of reinsurance intermediary.

�� (6) The director shall issue a nonresident reinsurance intermediary license to a person if:

�� (a) The person is currently licensed in the person�s home state as a resident reinsurance intermediary or insurance producer and is in good standing in the person�s home state;

�� (b) The person has submitted the proper request for a license and has paid the applicable fees;

�� (c) The person has submitted or transmitted to the director the license application that the person submitted to the person�s home state or, in lieu of that application, a completed application acceptable to the director; and

�� (d) The person�s home state awards nonresident reinsurance intermediary licenses to residents of this state on the same basis.

�� (7) The director may refuse to issue a reinsurance intermediary license if, in the director�s judgment:

�� (a) The application, anyone named in the application or any member, principal, officer, director or controlling person of the applicant is not trustworthy; or

�� (b) Any person described in paragraph (a) of this subsection has given cause for revocation or suspension of the license or has failed to comply with any requirement for issuance of the license.

�� (8) In order to obtain and maintain the indorsement of reinsurance intermediary manager, a resident reinsurance intermediary must satisfy the requirements of ORS 744.818 regarding errors and omissions insurance. [1993 c.447 �74; 2001 c.191 �41; 2003 c.364 �27]

�� 744.802 Exemptions from application of requirements for reinsurance intermediary brokers and managers. (1) An officer or employee of a ceding insurer is not subject to the requirements of ORS 744.800 to 744.818 that apply to reinsurance intermediary brokers, with respect to the ceding insurer.

�� (2) When engaged in a relationship described in this subsection, the following persons are not subject, with respect to the reinsurer in the relationship, to the requirements of ORS 744.800 to 744.818 that apply to reinsurance intermediary managers:

�� (a) An employee of the reinsurer.

�� (b) A United States manager of the United States branch of an alien reinsurer.

�� (c) An underwriting manager who, pursuant to contract, manages all of the reinsurance operations of the reinsurer, is under common control with the reinsurer and subject to ORS 732.517 to 732.596, and whose compensation is not based on the volume of premiums written.

�� (d) The manager of a group, association, pool or organization of insurers who engage in joint underwriting or joint reinsurance and who are subject to examination by the insurance regulatory official of the state in which the manager�s principal business office is located.

�� (3) An attorney-at-law rendering services in the performance of duties of an attorney-at-law is not subject to the requirements of ORS 744.800 to 744.818 that apply to reinsurance intermediary brokers or reinsurance intermediary managers. [1993 c.447 �75; 2003 c.364 �28]

�� 744.804 Conditions under which reinsurance intermediary broker and insurer may enter into transactions. A reinsurance intermediary broker and the insurer it represents in the capacity of a reinsurance intermediary broker may enter one or more transactions between them only pursuant to a written authorization that specifies the responsibilities of each party. The authorization must at least provide that:

�� (1) The insurer may terminate the authority of the reinsurance intermediary broker at any time.

�� (2) The reinsurance intermediary broker must render to the insurer accounts accurately detailing all material transactions, including information necessary to support all commissions, charges and other fees received by or owing to the reinsurance intermediary broker, and remit all funds due to the insurer not later than the 30th day following the date of receipt.

�� (3) All funds collected for the account of the insurer must be held by the reinsurance intermediary broker in a fiduciary capacity in a qualified United States financial institution. For purposes of this subsection, a �qualified United States financial institution� is an institution that:

�� (a) Is organized, or, in the case of a United States office of a foreign banking organization, is licensed, under the laws of the United States or any state thereof;

�� (b) Is regulated, supervised and examined by authorities of the United States or of any state thereof having regulatory authority over banks and trust companies; and

�� (c) Has been determined by the Director of the Department of Consumer and Business Services to meet standards of financial condition and standing that are necessary and appropriate for regulating the quality of financial institutions whose letters of credit will be acceptable to the director. The director may consider standards and classifications of institutions established by the Securities Valuation Office of the National Association of Insurance Commissioners for the purpose of making determinations under this paragraph.

�� (4) The reinsurance intermediary broker must comply with ORS 744.806.

�� (5) The reinsurance intermediary broker must comply with the written standards established by the insurer for the cession or retrocession of all risks.

�� (6) The reinsurance intermediary broker must disclose to the insurer any relationship with any reinsurer to which business will be ceded or retroceded. [1993 c.447 �76; 2003 c.364 �29]

�� 744.806 Records required to be kept by reinsurance intermediary brokers. (1) A reinsurance intermediary broker must keep a complete record for each transaction of a contract of reinsurance as provided in this subsection. For each contract of reinsurance transacted by the reinsurance intermediary broker that is limited to first party property coverages, the reinsurance intermediary broker must keep the record for not less than five years after expiration of the contract of reinsurance. For all other contracts of reinsurance transacted by the reinsurance intermediary broker, the reinsurance intermediary broker must keep the record for not less than 10 years after expiration of each contract of reinsurance. The record must show all of the following:

�� (a) The type of contract, limits, underwriting restrictions, classes or risks and territory.

�� (b) The period of coverage, including effective and expiration dates, cancellation provisions and notice required of cancellation.

�� (c) Reporting and settlement requirements of balances.

�� (d) The rate used to compute the reinsurance premium.

�� (e) Names and addresses of assuming reinsurers.

�� (f) Rates of all reinsurance commissions, including the commissions on any retrocessions handled by the reinsurance intermediary broker.

�� (g) Related correspondence and memoranda.

�� (h) Proof of placement.

�� (i) Details regarding retrocessions handled by the reinsurance intermediary broker, including the identity of retrocessionaires and percentage of each contract assumed or ceded.

�� (j) Financial records, including premium and loss accounts.

�� (k) The following written evidence, when the reinsurance intermediary broker procures a reinsurance contract on behalf of an authorized ceding insurer:

�� (A) When the contract is procured directly from any assuming reinsurer, written evidence that the assuming reinsurer has agreed to assume the risk.

�� (B) When the contract is placed through a representative of the assuming reinsurer other than an employee, written evidence that the reinsurer has delegated binding authority to the representative.

�� (2) The insurer must have access to and the right to copy and audit all accounts and records maintained by the reinsurance intermediary broker and related to its business. The reinsurance intermediary broker must maintain the accounts and records in a form usable by the insurer. [1993 c.447 �77; 2003 c.364 �30]

�� 744.808 Prohibition on use of unlicensed reinsurance intermediary broker; requirement that insurer obtain financial statement of reinsurance intermediary broker. (1) An insurer may not engage the services of any person to act as a reinsurance intermediary broker on its behalf unless the person is licensed as a reinsurance intermediary broker as required by ORS 744.800.

�� (2) An insurer may not employ an individual who is employed by a reinsurance intermediary broker with which it transacts business unless the reinsurance intermediary broker is under common control with the insurer and subject to ORS 732.517 to

ORS 744.992

744.992, an owner shall not be limited to an owner of a life insurance policy or a certificate holder under a group policy insuring the life of an individual with a terminal or chronic illness or condition except when specifically addressed. If there is more than one owner on a single policy and the owners are residents of different states, the transaction shall be governed by the law of the state in which the owner having the largest ownership percentage resides or, if the owners hold equal ownership, the state of residence of one owner agreed upon in writing by all the owners.

�� (b) �Owner� does not include:

�� (A) A licensee under ORS 744.321, 744.323 or 744.324, including a life insurance producer acting as a life settlement broker under ORS 744.323;

�� (B) A qualified institutional buyer as defined in Rule 144A promulgated under the Federal Securities Act of 1933, as amended;

�� (C) A financing entity;

�� (D) A special purpose entity; or

�� (E) A related provider trust.

�� (14) �Policy� means an individual or group policy, group certificate, contract or arrangement of life insurance owned by a resident of this state, regardless of whether delivered or issued for delivery in this state.

�� (15) �Related provider trust� means a trust established by a licensed life settlement provider or a financing entity for the sole purpose of holding the ownership or beneficial interest in purchased policies in connection with a financing transaction.

�� (16) �Settled policy� means a life insurance policy or certificate that has been acquired by a life settlement provider pursuant to a life settlement contract.

�� (17) �Special purpose entity� means a corporation, partnership, trust, limited liability company or other similar entity formed solely to provide either direct or indirect access to institutional capital markets:

�� (a) For a financing entity or licensed life settlement provider;

�� (b) In connection with a transaction in which the securities in the special purpose entity are acquired by the owner or by qualified institutional buyers as defined in Rule 144 promulgated under the Securities Act of 1933, as amended; or

�� (c) In connection with a transaction in which the securities pay a fixed rate of return commensurate with established asset-backed institutional capital markets.

�� (18)(a) �Stranger-originated life insurance� means a practice or a plan to initiate a life insurance policy for the benefit of a third party investor who, at the time of policy origination, has no insurable interest in the insured. Such practices include but are not limited to cases in which life insurance is purchased with resources or guarantees from or through a person or entity who, at the time of policy inception, could not lawfully initiate the policy, and for which, at the time of policy inception, there is an arrangement or agreement, whether verbal or written, to directly or indirectly transfer the ownership of the policy or the policy benefits to a third party.

�� (b) Trusts that are created to give the appearance of insurable interest, and are used to initiate policies for investors, are considered stranger-originated life insurance arrangements.

�� (c) Stranger-originated life insurance arrangements do not include those practices set forth in subsection (8)(d) of this section.

�� (19) �Terminally ill� means having an illness or sickness that can reasonably be expected to result in death in 24 months or less. [2009 c.711 �2]

�� 744.319 [1995 c.342 �2; repealed by 2009 c.711 �23]

�� 744.320 [Amended by 1959 c.369 �5; repealed by 1967 c.359 �704]

�� 744.321 Life settlement providers. (1) A person shall not act as a life settlement provider unless the person holds a license of life settlement provider issued by the Director of the Department of Consumer and Business Services.

�� (2) A life settlement provider may use the term �viatical settlement provider� to describe the business transacted under the license and may use the term �viatical settlement contract� instead of �life settlement contract.�

�� (3) A related provider trust must have a written agreement with a licensed life settlement provider under which the licensed life settlement provider is responsible for ensuring compliance with all statutory and regulatory requirements and under which the trust agrees to make all records and files related to life settlement transactions available to the director as if those records and files were maintained directly by the licensed life settlement provider. [1995 c.342 �3; 2009 c.711 �3]

�� 744.323 Life settlement brokers. (1) A person shall not act as a life settlement broker unless the person holds a license of life settlement broker issued by the Director of the Department of Consumer and Business Services.

�� (2) A life insurance producer who has been duly licensed as a resident insurance producer with a life line of authority in this state or the producer�s home state for at least one year and is licensed as a nonresident producer in this state meets the licensing requirements of this section and is permitted to operate as a life settlement broker in this state.

�� (3) A life settlement broker may use the term �viatical settlement broker� to describe the business transacted under the license and may use the term �viatical settlement contract� instead of �life settlement contract.� [1995 c.342 �4; 2009 c.711 �4]

�� 744.324 Life settlement investment agents. A person shall not operate as a life settlement investment agent unless the person holds a license of life settlement investment agent issued by the Director of the Department of Consumer and Business Services or the person has obtained the appropriate license from the equivalent chief insurance regulatory official of the state of residence of the life settlement purchaser whom the agent is negotiating with on behalf of a life settlement provider. If there is more than one purchaser of a single policy and the purchasers are residents of different states, the life settlement investment agent must be licensed by the state in which the purchaser having the largest percentage ownership resides or, if the purchasers hold equal ownership, the state of residence of one purchaser agreed upon in writing by all purchasers. [2009 c.711 �5]

�� 744.325 [1967 c.359 �550; repealed by 1987 c.774 �154]

�� 744.326 License application; fee. (1) In order to obtain a license to transact business as a life settlement provider or as a life settlement broker, an applicant shall apply for the license on a form prescribed by the Director of the Department of Consumer and Business Services, with payment of any fee required for the application.

�� (2) The director may request biographical, organizational, locational, financial, employment and any other information on the application form that the director determines to be relevant to the evaluation of applications and to the granting of the license. The director may also require a statement of the business plan or plan of operation of the applicant. The director may also require an applicant for a life settlement provider license to file with the application a copy of the life settlement contract that the applicant intends to use in business under the license.

�� (3) If an applicant is a corporation, the corporation must be incorporated under the laws of this state or must be a foreign corporation authorized to transact business in this state. [1995 c.342 �5]

�� 744.328 Issuance of license. (1) If the Director of the Department of Consumer and Business Services determines that an applicant has satisfied all requirements for the license for which application is made, the director shall issue the license to the applicant. The director may issue a license if the director determines that the applicant, as required to be set forth in the application for the license:

�� (a) Has not engaged in conduct that would authorize the director to refuse to issue a license under ORS 744.338;

�� (b) Is competent and trustworthy and intends to act in good faith in the capacity specified by the license applied for;

�� (c) Has demonstrated evidence of financial responsibility in a format prescribed by the director through either a surety bond executed in an amount and in a manner prescribed by the director or a deposit of cash, certificates of deposit or securities or any combination thereof in an amount and manner prescribed by the director. The director shall accept as evidence of financial responsibility proof that financial instruments consistent with the requirements under this paragraph have been filed with at least one state in which the applicant is licensed as a life settlement provider, life settlement broker or life settlement investment agent;

�� (d) Has a good business reputation and has had experience, training or education so as to be qualified in the business of the licensee;

�� (e) If a life settlement provider or broker, has provided an antifraud plan under ORS 744.374 (10); and

�� (f) If a life settlement provider, has provided a detailed plan of operation in a manner prescribed by the director.

�� (2) The director may refuse to issue a license in the name of any firm, partnership or corporation if the director is not satisfied that any officer, employee, stockholder or partner thereof who may materially influence the conduct of the applicant meets the standards of this section.

�� (3) The director may issue a license to a nonresident applicant only if the nonresident applicant files with the director in writing an appointment of the director to be the attorney of the applicant upon whom all legal process in any action or proceeding against the applicant may be served. In the appointment, the applicant shall agree that any lawful process against the applicant that is served upon the director shall be of the same legal force and validity as if served upon the applicant, and that the authority shall continue in force so long as any liability remains outstanding in this state. An appointment under this subsection becomes effective on the date that the director issues the license to the applicant.

�� (4) If the director denies an application, the director shall so inform the applicant, stating the grounds for the denial. [1995 c.342 �6; 2009 c.711 �6]

�� 744.330 [Repealed by 1967 c.359 �704]

�� 744.331 Expiration of license; rules for renewal. (1) A license issued under ORS 744.328 expires on its expiration date unless it is renewed on or before its expiration date.

�� (2) Unless the Director of the Department of Consumer and Business Services designates another date, a license expires on the last day of the month in which the second anniversary of the initial issuance date of the license occurs, and on the second anniversary following each renewal.

�� (3) The director by rule may establish requirements for renewing licenses. [1995 c.342 �7]

�� 744.333 Individual acting as provider under license of firm or corporation. An individual may act as a life settlement provider under the authority of the license of a firm or corporate life settlement provider, whether or not the individual holds a license as a life settlement provider, if:

�� (1) The individual is a member or employee of the firm or is an employee, officer or director of the corporation; and

�� (2) The individual is designated by the firm or corporation on its license application or on an amendatory or supplementary form thereto as authorized to act as a life settlement provider under the authority of the license. [1995 c.342 �8]

�� 744.335 [1967 c.359 �551; 1981 c.455 �2; repealed by 1987 c.774 �154]

�� 744.336 Notification by licensee of material change affecting qualification for license. A licensee shall immediately notify the Director of the Department of Consumer and Business Services of any material change in ownership or control or in any other matter affecting the qualification of the licensee for the license in this state. [1995 c.342 �9]

�� 744.338 Suspension, revocation, refusal to issue or renew license. (1) The Director of the Department of Consumer and Business Services may suspend, revoke, refuse to issue or refuse to renew a license of a licensee if the director finds one or more of the following with respect to the licensee or applicant for a license:

�� (a) Dishonesty, fraud or gross negligence in the conduct of business as a licensee, or the licensee or applicant is otherwise shown to be untrustworthy or incompetent to act as a licensee.

�� (b) The life settlement provider demonstrates a pattern of unreasonable payments to policyholders or certificate holders.

�� (c) Falsification by the applicant or licensee of an application for the license or renewal thereof, or misrepresentation or engagement in any other dishonest act in relation to the application.

�� (d) Conduct resulting in a conviction of a felony under the laws of any state or of the United States, to the extent that such conduct may be considered under ORS

ORS 746.035

746.035 or 746.045. [2003 c.364 �26b]

�� 744.095 [1967 c.359 �534; repealed by 1989 c.701 �81]

�� 744.100 [Repealed by 1967 c.359 �704]

TRAVEL INSURANCE AND TRAVEL PROTECTION PLANS

�� 744.101 Definitions. As used in ORS 744.101 to 744.121:

�� (1) �Aggregator site� means a website that displays information about insurance products from more than one insurer, and information about each insurer, for use in comparison shopping.

�� (2) �Blanket travel insurance� means a travel insurance policy that an insurer issues to an eligible group providing coverage for specific classes of persons defined in the policy, each member of which the policy covers without a separate charge to the member.

�� (3) �Business entity� has the meaning given that term in ORS 731.116.

�� (4) �Cancellation fee waiver� means a travel supplier�s contractual agreement with a customer to waive some or all of the nonrefundable cancellation provisions in a contract for travel without regard to the reason for the cancellation or the form of reimbursement.

�� (5) �Eligible group� means a group of two or more persons that are engaged in a common enterprise or that have an economic, educational or social affinity or relationship, including but not limited to a group composed of:

�� (a) Entities that engage in the business of providing travel or travel services that have, or that have customers that have, a common exposure to risk that is related to travel, such as:

�� (A) Tour operators, lodging providers, owners of vacation property, hotels, resorts, travel clubs, travel agencies, property managers, cultural exchange programs or other business entities that engage in the business of providing travel or travel services; and

�� (B) Airlines, cruise lines, railroads, steamship companies, bus lines or other common carriers or operators, owners or lessors of vehicles, equipment or other means of transporting passengers;

�� (b) Schools, colleges or other institutions of learning and the students, teachers, employees or volunteers that attend, work at or provide services to the institutions of learning;

�� (c) A business entity and individuals with an economic relationship to the business entity, such as:

�� (A) Employees;

�� (B) Officers and directors; and

�� (C) Other persons that perform work for or provide services to the business entity including, but not limited to, volunteers, contractors, dependents and guests;

�� (d) A sports team or sports camp, sponsors of the sports team or sports camp and members, campers, officials, supervisors, employees and other participants or volunteers associated with the sports team or sports camp;

�� (e) A religious, charitable, recreational, educational or civic organization, or a branch of the organization, and members and participants in the organization or volunteers for the organization;

�� (f) A financial institution or financial institution vendor, or a parent holding company, trustee or agent of, or designated by, one or more financial institutions or financial institution vendors, including account holders, credit card holders, debtors, guarantors or purchasers;

�� (g) An incorporated or unincorporated association, including a labor union, that has a common interest, constitution or bylaws and is organized and maintained in good faith for purposes other than obtaining insurance for the association�s members or participants that covers the association�s members;

�� (h) A trust or the trustees of a fund established, created or maintained for the benefit of, and covering, members, employees or customers, subject to the Director of the Department of Consumer and Business Services permitting the use of a trust of one or more associations that meet the requirements of paragraph (g) of this subsection;

�� (i) An entertainment production company, employees of the company and participants in the company�s productions, such as audience members, contestants and volunteers;

�� (j) A group organized to provide volunteer responses to such emergencies such as fire, life-threatening medical conditions, rescues, civil defense or similar or related emergencies including, but not limited to, a volunteer fire department, ambulance, rescue, police, court or any first aid, civil defense or other such volunteer group;

�� (k) A group organized to provide volunteer responses to a need for law enforcement or legal consultation or representation;

�� (L) A preschool, day care center or other care facility for children, adults or senior citizen clubs;

�� (m) A group of renters, lessees or passengers of automobiles or trucks in which an automobile or truck rental or leasing company holds a travel insurance policy on behalf of the renters, lessees or passengers; and

�� (n) Any other group for which the Director of the Department of Consumer and Business Services has determined that the members of the group are engaged in a common enterprise or have an economic, educational or social affinity or relationship, and that issuing the policy would not be contrary to the public interest.

�� (6) �Fulfillment material� means documentation sent to the purchaser of a travel protection plan that confirms the purchase and provides details of the travel protection plan�s coverage and assistance.

�� (7) �Group travel insurance� means travel insurance that an insurer issues to an eligible group.

�� (8) �Limited lines travel insurance producer� means:

�� (a) A managing general agent licensed under ORS 744.300 to 744.316;

�� (b) An insurance producer, including a limited class insurance producer, who is licensed under ORS 744.052 to 744.089 to negotiate, sell or solicit travel insurance; or

�� (c) A travel insurance administrator.

�� (9) �Negotiate� has the meaning given that term in ORS 731.104.

�� (10) �Offer and disseminate travel insurance� means:

�� (a) To provide general information regarding the travel insurance, including a description of coverage and price;

�� (b) To disseminate and process applications for travel insurance coverage; or

�� (c) To collect premiums on behalf of a limited travel insurance producer.

�� (11) �Sell� has the meaning given that term in ORS 731.104.

�� (12) �Solicit� has the meaning given that term in ORS 731.104.

�� (13) �Travel assistance services� means noninsurance services for which a consumer is not indemnified based on a fortuitous event, and where providing the service does not result in a transfer or shifting of risk that would constitute the business of insurance and that include, but are not limited to:

�� (a) Providing security advisories and information about a destination;

�� (b) Recommending or providing information about vaccinations and immunizations;

�� (c) Making reservations;

�� (d) Providing entertainment;

�� (e) Planning activities and events;

�� (f) Providing translations or interpretations;

�� (g) Enabling emergency communications;

�� (h) Making international legal and medical referrals, monitoring medical cases or helping to replace prescription medications;

�� (i) Coordinating transportation arrangements;

�� (j) Providing emergency cash transfers;

�� (k) Helping to replace lost passports or other travel documents;

�� (L) Locating lost or misplaced luggage;

�� (m) Providing concierge services; or

�� (n) Providing other services that are furnished in connection with planned travel.

�� (14)(a) �Travel insurance� means insurance coverage for personal risks incidental to planned travel, including:

�� (A) Interruption or cancellation of a trip or event;

�� (B) Loss of baggage or personal effects;

�� (C) Damages to accommodations or rental vehicles;

�� (D) Sickness, accident, disability or death occurring during travel;

�� (E) Emergency evacuation;

�� (F) Repatriation of remains; or

�� (G) Any other contractual obligation to indemnify or pay a specific amount to a policy holder upon the occurrence of a determinable contingency related to travel, as approved by the director.

�� (b) �Travel insurance� does not include:

�� (A) A major medical plan that provides comprehensive medical protection for travelers with trips lasting six months or longer, such as coverage for individuals who work or reside outside the United States, or for an expatriate;

�� (B) A class of insurance, other than travel insurance, that requires possession of a specific insurance producer�s license to transact insurance in the class;

�� (C) A cancellation fee waiver; or

�� (D) Travel assistance services.

�� (15)(a) �Travel insurance administrator� means a person that directly or indirectly performs the following functions or services with respect to a travel insurance policy issued to a resident of this state:

�� (A) Underwriting;

�� (B) Collecting a charge, collateral or premium; or

�� (C) Adjusting or settling a claim.

�� (b) �Travel insurance administrator� does not include a person that, with respect to a travel insurance policy issued to a resident of this state, performs activities that consist solely of:

�� (A) Work that is under the direct supervision and control of a travel insurance administrator;

�� (B) Work as an insurance producer acting within the scope of a license the director issued under ORS 744.062;

�� (C) Work offering and disseminating travel insurance as a travel retailer that is registered under the license of a limited lines travel insurance producer;

�� (D) Adjusting and settling claims in the ordinary course of work as an attorney licensed or admitted to the practice of law in this state, if the person does not collect charges or premiums in connection with a travel insurance policy; or

�� (E) Administration of the direct and assumed insurance business of another insurer.

�� (16) �Travel protection plan� means a plan that provides one or more of the following products or services:

�� (a) Travel insurance;

�� (b) Travel assistance services; or

�� (c) A cancellation fee waiver.

�� (17) �Travel retailer� means a business entity that makes, arranges or offers travel and may offer and disseminate travel insurance as a service to the business entity�s customers on behalf of and under the direction of a limited lines travel insurance producer. [2015 c.675 �2; 2025 c.71 �6]

�� 744.104 Travel insurance through travel retailers; direction by limited lines travel insurance producers; requirements and restrictions; designated employees. (1)(a) The Director of the Department of Consumer and Business Services may issue a limited lines travel insurance producer license to a person that has filed an application for a limited lines travel insurance producer license with the director in a form and manner that the director prescribes. A limited lines travel insurance producer must be licensed to solicit, offer, negotiate or sell travel insurance through a licensed insurer.

�� (b) A person may not act as a limited lines travel producer unless licensed as a limited lines travel producer or as a travel retailer unless registered as a travel retailer. A person licensed as an insurance producer in the classes of casualty insurance or property insurance may solicit, negotiate and sell travel insurance without requiring an insurer�s appointment.

�� (2) Notwithstanding the provisions of ORS 744.053, a travel retailer may offer and disseminate travel insurance on behalf of and at the direction of a limited lines travel insurance producer and may receive compensation for doing so.

�� (3) A limited lines travel insurance producer may direct a travel retailer to offer and disseminate travel insurance under subsection (2) of this section only if:

�� (a) The travel retailer or the limited lines travel insurance producer provides to purchasers of travel insurance:

�� (A) The material terms or actual terms of the coverage that the travel insurance policy provides;

�� (B) The process for filing a claim;

�� (C) A description of the review and cancellation process for the travel insurance policy; and

�� (D) The identity of and contact information for the limited lines travel insurance producer and the insurer;

�� (b) The limited lines travel insurance producer, at the time of licensure and thereafter, establishes and maintains a register, in a form, that contains the following information for each travel retailer that offers and disseminates travel insurance at the direction of the limited lines travel insurance producer:

�� (A) The name, address, contact information and federal tax identification number of the travel retailer; and

�� (B) The name, address and contact information of an officer or person who directs or controls the operations of the travel retailer;

�� (c) The limited lines travel insurance producer submits the register described in paragraph (b) of this subsection to the director within 30 days after a request by the director;

�� (d) The limited lines travel insurance producer certifies that the travel retailer complies with 18 U.S.C. 1033;

�� (e) The limited lines travel insurance producer designates an employee who is an insurance producer as responsible for ensuring the limited lines travel insurance producer�s compliance with the laws, rules and regulations of this state;

�� (f) The employee designated in paragraph (e) of this subsection, as well as the president, secretary, treasurer and any other person who directs or controls the insurance operations of the limited lines travel insurance producer all comply with fingerprinting requirements established by the director;

�� (g) The limited lines travel insurance producer does not owe any outstanding fees relating to insurance licensing; and

�� (h) Each employee of the travel retailer whose duties include offering and disseminating travel insurance receives a program of instruction or training that contains instructions on the types of insurance offered, ethical sales practices, required disclosures to customers and any other content that the director may prescribe.

�� (4) A travel retailer that offers and disseminates travel insurance shall make available to prospective purchasers brochures or other written materials that are approved by the insurer that issues the travel insurance and that, at a minimum:

�� (a) Provide the identity and contact information of the insurer and the limited lines travel insurance producer;

�� (b) Explain that the purchase of travel insurance is not required in order to purchase any other product or service from the travel retailer; and

�� (c) Explain that a travel retailer that is not a limited lines travel insurance producer may not answer technical questions about the terms and conditions of the travel insurance the travel retailer offers and may not evaluate the adequacy of a prospective purchaser�s existing insurance coverage, but may provide only general information about the insurance that the travel retailer offers, including a description of the coverage and the price.

�� (5) An employee or authorized representative of a travel retailer that is not a limited lines travel insurance producer may not:

�� (a) Evaluate or interpret the technical terms, benefits or conditions of travel insurance the travel retailer offers;

�� (b) Evaluate or provide advice concerning a prospective purchaser�s existing insurance coverage; or

�� (c) Represent or otherwise indicate that the employee or authorized representative is an insurance expert, an insurer, a licensed insurance producer or a limited lines travel insurance producer.

�� (6) A limited lines travel insurance producer is a designee of an insurer and is responsible for the acts of a travel retailer to which the limited lines travel insurance producer has given direction or authorization to offer and disseminate travel insurance. The limited lines travel insurance producer shall use reasonable means to ensure the travel retailer�s compliance with this section.

�� (7) The director may suspend, revoke or refuse to renew the license of a limited lines travel insurance producer on the same basis and to the same extent that the director may suspend, revoke or refuse to renew the license of an insurance producer under ORS 744.074. [2015 c.675 �3; 2025 c.71 �7]

�� 744.105 [1967 c.359 �535; 1971 c.231 �29; repealed by 1989 c.701 �81]

�� 744.106 Requirements for offering or selling travel protection plan. A person may offer or sell a travel protection plan that combines various features at one price if:

�� (1) Before, or at the time, a customer purchases the travel protection plan, the person:

�� (a) Discloses clearly in writing which of the following features the travel protection plan includes:

�� (A) Travel insurance;

�� (B) Travel assistance services; or

�� (C) A cancellation fee waiver; and

�� (b) Provides additional information about each feature and gives an opportunity to obtain more information about each feature and the pricing for each feature; and

�� (2) Fulfillment material for the travel protection plan:

�� (a) Describes each of the features of the travel protection plan individually;

�� (b) Discloses required information about any travel insurance included in the travel protection plan; and

�� (c) Provides contact information for persons that provide any travel assistance services or cancellation fee waivers included in the travel protection plan. [2025 c.71 �2]

�� 744.107 [2015 c.675 �4; 2025 c.71 �8; renumbered 744.121 in 2025]

�� 744.109 Applicability of certain laws to offerings of travel insurance in this state; other requirements for travel insurance policies and travel protection plans; unlawful practices. (1) Except as otherwise provided in this section, a person that offers travel insurance in this state is subject to ORS chapter 746. ORS 744.101 to 744.121 control if a conflict exists between other provisions of the Insurance Code and ORS 744.101 to 744.121 with respect to marketing or selling travel insurance or a travel protection plan.

�� (2) Marketing, advertising and sales materials that a prospective purchaser receives before the time of purchase must be consistent with the provisions of the policy, including forms, endorsements, rate filings and certificates of insurance.

�� (3) If a travel insurance policy excludes a preexisting condition, the person that offers the policy must provide information about the exclusion in fulfillment material and must provide a prospective purchaser with an opportunity to learn more about the exclusion before purchasing the policy.

�� (4) A person shall provide to the purchaser fulfillment material and the information described in ORS 744.104 (3)(a) as soon as is practicable after the purchase of a policy.

�� (5)(a) If a travel insurance policy holder or certificate holder has not begun travel that is covered by the policy or submitted a claim under the policy, the policy holder or certificate holder may cancel, and receive a full refund of the purchase price for, a travel protection plan until the later of:

�� (A) Fifteen days following the delivery of the travel protection plan�s fulfillment material by postal mail; or

�� (B) Ten days following the date of delivery of the travel protection plan�s fulfillment material by means other than postal mail.

�� (b) As used in this subsection, �delivery� means, as appropriate:

�� (A) Handing fulfillment material to the policy holder or certificate holder; or

�� (B) Sending fulfillment material to the policy holder or certificate holder by postal mail or electronic means.

�� (6) A travel insurance policy and fulfillment material for the policy must disclose whether the coverage that the policy or certificate provides is primary or secondary with respect to other insurance coverage.

�� (7) A person does not by reason of taking any of the following actions violate the consumer protection laws of this state:

�� (a) Marketing, advertising or selling travel insurance on an insurer�s, limited lines travel insurance producer�s or travel retailer�s website or on an aggregator site by means of an accurate summary or short description of the coverage the travel insurance provides, if all of the provisions of the coverage are available via a link on the website or aggregator site or by other electronic methods.

�� (b) Requiring a purchaser to choose between the following options if a jurisdiction in the travel destination requires insurance coverage:

�� (A) Purchasing the required coverage from a travel retailer or limited lines travel insurance producer supplying the trip or travel package; or

�� (B) Agreeing to obtain and provide proof of coverage that meets the requirements of the jurisdiction in the travel destination before traveling.

�� (8) The following acts or practices are unlawful practices:

�� (a) Offering or selling a travel insurance policy that could never result in payment of a claim to an insured;

�� (b) Marketing blanket travel insurance as free; or

�� (c) Offering or selling travel insurance on a negative option or opt out basis, whereby a consumer is required to take an affirmative action to deselect coverage, such as unchecking a box on an electronic form, when the consumer is purchasing a trip. [2025 c.71 �3]

�� 744.110 [Repealed by 1967 c.359 �704]

�� 744.111 [2015 c.675 �5; 2025 c.71 �9; renumbered 744.124 in 2025]

�� 744.112 Travel insurance administrators. (1) A person may not act as a travel insurance administrator, or represent that the person is a travel insurance administrator, unless the person holds a valid license the Director of the Department of Consumer and Business Services issued under ORS 744.062 or 744.710, as appropriate, for an insurance producer in the classes of property and casualty insurance or under an indorsement that authorizes the person to act as a managing general agent.

�� (2) A travel insurance administrator and employees of the travel insurance administrator are not subject to the requirement under ORS 744.505 to obtain a license to engage in business as an adjuster with respect to travel insurance policies that the travel insurance administrator administers.

�� (3) An insurer is responsible for the acts of a travel insurance administrator administering travel insurance that the insurer underwrites and for ensuring that the travel insurance administrator maintains all books and records relevant to the insurer that the travel insurance administrator must make available to the director at the director�s request. [2025 c.71 �4]

�� 744.115 [1967 c.359 �536; 1971 c.231 �30; 1973 c.515 �3; 1977 c.174 �2; 1979 c.501 �5; 1981 c.817 �2; 1987 c.774 �138; 1987 c.916 �9; 1989 c.331 �25; 1989 c.701 �30; 1991 c.810 �9; 1993 c.265 �7; 1995 c.334 �2; repealed by 2001 c.191 �61]

�� 744.117 Classification of travel insurance. (1) Notwithstanding any other provisions of the Insurance Code, travel insurance must be classified and filed for the purpose of rates and forms under an inland marine line of insurance, except that travel insurance that provides coverage for sickness, accident, disability or death occurring during travel, either exclusively or in conjunction with related coverages for emergency evacuation or repatriation of remains, or incidental limited property and casualty benefits such as baggage loss or trip cancellation, may be filed under either an accident and health line of insurance or an inland marine line of insurance.

�� (2) An insurer may issue travel insurance as blanket travel insurance, group travel insurance or as a policy that covers an individual.

�� (3) An insurer may develop and use eligibility and underwriting standards for travel insurance based on travel protection plans that are designed for an individual or an eligible group if the eligibility and underwriting standards otherwise meet the requirements of ORS 744.101 to 744.121 and other standards that apply to insurance that covers inland marine risks.

�� (4) Travel assistance services are not insurance and are not related to insurance. [2025 c.71 �5]

�� 744.119 [Formerly 744.205; 1991 c.810 �10; 1993 c.447 �86; 1997 c.131 �4; repealed by 2001 c.191 �61]

�� 744.120 [Repealed by 1967 c.359 �704]

�� 744.121 Violations; revocation of authority; removal from register. If the Director of the Department of Consumer and Business Services determines that a travel retailer has violated any provision of ORS 744.101 to 744.121, the director may, in addition to imposing any penalties authorized under the Insurance Code, direct the limited lines travel insurance producer to implement a corrective action plan with the travel retailer or:

�� (1) Revoke any authorization the travel retailer has from the limited lines travel insurance producer to transact insurance on behalf of, and under the license of, the limited lines travel insurance producer; and

�� (2) Remove the travel retailer from the register described in ORS 744.104 (4)(b). [Formerly

ORS 746.665

746.665 or a health insurer that uses or discloses information in violation of ORS 746.607 (1) or (2) is liable for damages sustained by the individual about whom the information relates. However, an individual is not entitled to a monetary award that exceeds the actual damages sustained by the individual as a result of the violation of ORS 746.607 (1) or (2) or 746.665.

�� (3) In any action brought pursuant to this section, the court may award the cost of the action and reasonable attorney fees to the prevailing party.

�� (4) An action under this section must be brought within two years from the date the alleged violation is or should have been discovered.

�� (5) Except as specifically provided in this section, there shall be no remedy or recovery available to individuals, in law or in equity, for occurrences constituting a violation of any provision of ORS 746.600 to 746.690. [1981 c.649 �18; 1987 c.490 �56; 1995 c.618 �131; 2001 c.377 �28a; 2003 c.87 �18; 2003 c.364 �165a]

�� 746.685 Liability for disclosure of information. No cause of action in the nature of defamation, invasion of privacy or negligence shall arise against any person for disclosing personal or privileged information in accordance with ORS 746.600 to 746.690 and 750.055, nor shall such a cause of action arise against any person for furnishing personal or privileged information to an insurer, insurance producer or insurance-support organization. However, this section shall provide no immunity for disclosing or furnishing false information with malice or willful intent to injure any person. [1981 c.649 �19; 1987 c.490 �57; 2003 c.364 �166]

�� 746.686 Use of prior claim or inquiry in determination to issue or renew homeowner insurance policy; rules. (1) When a consumer applies for a homeowner insurance policy, an insurer may not use:

�� (a) A prior claim of the consumer or a claim relating to the property to be insured, when the date of loss of the claim is more than five years preceding the date of application, to determine whether to issue the policy or to determine rates or other terms and conditions of the policy. This paragraph does not apply when the insurer uses claim experience of the consumer or of the property to provide a discount to the consumer.

�� (b) The first claim that the consumer made on a homeowner insurance policy within the five-year period immediately preceding the date of application to determine whether to issue the policy.

�� (c) A prior claim relating to the property to be insured that occurred prior to purchase of the property by the consumer, when the consumer demonstrates to the insurer�s satisfaction that the risk associated with damage resulting from the accident or occurrence that gave rise to the prior claim has been mitigated, to determine whether to issue the policy or to determine rates or other terms and conditions of the policy. For purposes of this paragraph, a risk is mitigated if the consumer has fully restored the damaged property and has repaired, replaced, restored or eliminated the condition, system or use of the property that was the underlying cause of the loss.

�� (2) When renewing a homeowner insurance policy, an insurer may not use:

�� (a) A prior claim of the consumer or a claim relating to the property to be insured, when the date of loss of the claim is more than five years before the upcoming renewal date, to determine whether to renew the policy or to determine rates or other terms and conditions of the policy. This paragraph does not apply when the insurer uses claim experience of the consumer or of the property to provide a discount to the consumer at renewal.

�� (b) The first claim of the consumer made within the five-year period immediately preceding the upcoming renewal date to determine whether to renew the policy.

�� (3) An insurer or insurance producer may not use an inquiry made by any means by the consumer to the insurer or to an insurance producer regarding the terms, conditions or coverage of an insurance policy, including an inquiry about an actual loss or claim filing process, to determine whether to issue or renew a policy or to determine rates or other terms and conditions of a policy if the consumer is not making a claim as part of the inquiry. An insurer or insurance producer may verify whether the consumer is making a claim as part of the inquiry. If the consumer affirms that the inquiry is not a claim, the insurer or insurance producer may rely on the affirmation to rebut a later assertion to the contrary. This subsection does not apply to an inquiry by a consumer relating to the possibility of a third party claim against the consumer. The Director of the Department of Consumer and Business Services may adopt rules establishing procedures to implement this subsection.

�� (4) This section does not prohibit an insurer from taking any underwriting or rating action that is:

�� (a) Based on the known condition or use of the property;

�� (b) Based on fraudulent acts of the consumer; or

�� (c) Otherwise allowed by law. [2005 c.489 �4]

�� 746.687 Cancellation of homeowner insurance policy. (1) Except as provided in subsection (6) of this section, an insurer may cancel a homeowner insurance policy before the expiration of the policy only for one or more of the following reasons:

�� (a) Nonpayment of premium;

�� (b) Fraud or material misrepresentation affecting the policy or in the presentation of a claim under the policy;

�� (c) Violation of any of the terms and conditions of the policy;

�� (d) Substantial increase in the risk of loss after insurance coverage has been issued or renewed, including but not limited to an increase in exposure due to rules, legislation or court decision; or

�� (e) Determination by the Director of the Department of Consumer and Business Services that the continuation of a line of insurance or class of business to which the policy belongs will jeopardize an insurer�s solvency or place the insurer in violation of the insurance laws of Oregon or any other state, whether because of a loss or decrease in reinsurance covering the risk or other reason determined by the director.

�� (2) The insurer shall give the policyholder written notice of the cancellation, including the effective date of the cancellation and the reasons for the cancellation.

�� (3) The insurer must mail or deliver a notice of cancellation to the policyholder at the address shown in the policy:

�� (a) At least 10 days prior to the effective date of cancellation, if the cancellation is for the reason described in subsection (1)(a) or (b) of this section.

�� (b) At least 30 days prior to the effective date of cancellation, if the cancellation is for the reason described in subsection (1)(c), (d) or (e) of this section.

�� (4) An insurer shall mail or deliver to a policyholder, at the address shown in the policy, a notice of renewal or nonrenewal of a homeowner insurance policy at least 30 days prior to the expiration of the policy period. This subsection does not apply when the policy is in lapse status under the terms of the policy.

�� (5) Proof of mailing notice of cancellation or nonrenewal to the policyholder at the address shown in the policy is sufficient proof of notice under this section.

�� (6) This section does not apply to a homeowner insurance policy that has been in effect fewer than 60 days at the time the notice of cancellation is mailed or delivered by the insurer unless it is a renewal policy. An insurer may not use the fact that a claim was filed on the policy within the 60-day period as a basis for canceling the policy within the 60-day period, for increasing the premium rate or for altering the terms of the policy during the current policy term. An insurer may, within the 60-day period, use any other information consistent with the insurer�s rating or underwriting program, including but not limited to, conditions or uses of the property discovered by the insurer, as a basis for cancellation or for offering to continue coverage at an increased rate or on different terms. At renewal of the policy, the insurer may treat a claim that occurred within the 60-day period the same as any other claim occurring during the policy period for the purposes of rating, nonrenewing and altering the terms of the policy. [2005 c.489 �5]

�� 746.688 Use of loss history reports; notice to consumer. (1) An insurer or insurance producer shall notify a consumer that the insurer or insurance producer will request a loss history report relating to the consumer or property to be insured before the insurer or insurance producer may obtain the report. The notice may be oral, in writing or in the same medium as the medium in which previous communication between the consumer and the insurer or insurance producer has been conducted.

�� (2) An insurance producer may provide a single notice under subsection (1) of this section to a consumer if the insurance producer makes loss history inquiries of one or more insurers in response to a request by the consumer relating to a homeowner insurance policy.

�� (3) An insurer that uses loss history reports for underwriting or rating homeowner insurance shall instruct the insurer�s insurance producers that an insurance producer must notify the consumer that the insurance producer has requested a loss history report before the insurance producer may obtain the report.

�� (4) An insurer that uses a loss history report of a consumer when considering an application for a homeowner insurance policy shall notify the consumer during the application process that the consumer may request a free copy of the loss history report from the consumer reporting agency and a written statement describing the insurer�s use of the report. The notice to the applicant may be in writing or in the same medium as the medium in which the application is made. The written statement must contain the following explanations:

�� (a) The ways in which the insurer uses loss history reports;

�� (b) How often the insurer reviews a consumer�s loss history report; and

�� (c) The procedures a consumer may use to obtain additional information. [2005 c.489 �6]

�� 746.690 Obtaining information under false pretenses prohibited. No person shall knowingly and willfully obtain information about an individual from an insurer, insurance producer or insurance-support organization under false pretenses. [1981 c.649 �20; 2003 c.364 �167]

�� 746.990 [Repealed by 1967 c.359 �704]

PENALTIES

�� 746.991 Penalties. Violation of ORS 746.280 to 746.292 is a Class D violation. [1977 c.785 �8; 1999 c.1051 �221]

�� Note: See note under 746.275.

ORS 748.010

748.010; 1987 c.483 �2; 2001 c.318 �2]

�� 731.566 Reciprocal insurer surplus requirements. To qualify for authority to transact insurance in this state, a reciprocal insurer shall possess and thereafter maintain a surplus of not less than $2.5 million, and any reciprocal insurer that exchanges policies of insurance covering workers� compensation insurance shall possess and thereafter maintain a surplus of not less than $5 million. [1967 c.359 �109; 1975 c.274 �1; 1977 c.651 �2; 1987 c.483 �3; 1993 c.709 �3; 2001 c.318 �3]

�� 731.568 [1993 c.709 �2; repealed by 2001 c.318 �4]

�� 731.570 Withdrawing advancements made to reciprocal insurer. No advancement made by the subscribers or the attorney of a reciprocal insurer shall be withdrawn or refunded except out of the surplus of the insurer in excess of its required capitalization, and then only upon the written consent of the Director of the Department of Consumer and Business Services. [1967 c.359 �110]

�� 731.574 Annual financial statement. (1) Except as provided in subsection (4) of this section, every authorized insurer shall file with the Director of the Department of Consumer and Business Services, on or before March 1 of each year, a financial statement for the year ending December 31 immediately preceding. This statement shall be on a form prescribed by the director. The statement shall contain such detailed exhibit of the condition and transactions of the insurer, in such form and otherwise, as the director prescribes. The director shall consider and may prescribe the annual statement blank or other form established by the National Association of Insurance Commissioners, including instructions prepared by the National Association of Insurance Commissioners for completing the blank or other form. If the director prescribes the blank or other form established by the National Association of Insurance Commissioners, including the instructions, an insurer submitting the annual statement blank or form established by the National Association of Insurance Commissioners must complete the blank or form according to the instructions. The director may require the filing of information in addition to the information required in the annual statement. The director may also require additional filings as the director determines necessary.

�� (2) The financial statement filed by an insurer under subsection (1) of this section shall be verified by the oaths of the president and secretary of the insurer or, in their absence, by two other principal officers. The statement of an alien company shall embrace only its condition and transactions in the United States, unless the director requires otherwise, and shall be verified by the oath of its resident manager or principal representatives in the United States. Facsimile signatures are acceptable and shall have the same force as original signatures.

�� (3) The director may grant an extension of time for filing the annual statement.

�� (4) A home protection insurer may adopt a fiscal year other than the calendar year for its financial statements filed with the director under subsection (1) of this section by declaring the fiscal year in its application for a certificate of authority. An adopted fiscal year may not be changed without the consent of the insurance supervisory official of the insurer�s domicile. The financial statement of a home protection insurer on other than the calendar year basis shall be filed with the director on or before the first day of the third month which follows the end of the fiscal year.

�� (5) An insurer, subject to requirements set forth in rules made by the director, may publish financial statements, or information based on financial statements, prepared on a basis that is in accordance with requirements of a competent authority and differs from the basis of the statements required to be filed with the director.

�� (6) It is the intention of the Legislative Assembly that the director consider and follow the accounting, reporting and other standards, practices and procedures established by the National Association of Insurance Commissioners in order to:

�� (a) Strengthen and improve regulation of insurer solvency by the Department of Consumer and Business Services;

�� (b) Promote uniform and consistent regulation of insurance by this state and the other states;

�� (c) Reduce regulatory costs owing to unnecessary differences in the laws of the various states; and

�� (d) Obtain and maintain accreditation of this state�s insurance regulatory program by the National Association of Insurance Commissioners. [Formerly 736.120; 1975 c.231 �1; 1981 c.247 �6; 1993 c.447 �12]

REPORTS OF CRIMINAL CONDUCT

�� 731.590 �Insurer� defined for ORS 731.592 and 731.594. As used in ORS 731.592 and 731.594, �insurer� includes, but is not limited to:

�� (1) An insurer, as defined in ORS 731.106.

�� (2) A health care service contractor, as defined in ORS 750.005, including, but not limited to, a health maintenance organization.

�� (3) A multiple employer welfare arrangement, as defined in ORS 750.301.

�� (4) A legal entity that is self-insured and provides insurance services to its employees.

�� (5) An insurer, as defined in ORS 656.005.

�� (6) An employer authorized under ORS chapter 656 to self-insure its workers� compensation risk.

�� (7) A fraternal benefit society, as described in ORS 748.106.

�� (8) An insurance producer, as defined in ORS 731.104. [1999 c.633 �2; 2003 c.364 �73; 2007 c.241 �25]

�� 731.592 Reporting criminal conduct involving insurance. (1) Notwithstanding ORS 746.665, an insurer shall cooperate with any law enforcement agency or other state or federal agency that is investigating or prosecuting suspected criminal conduct involving insurance. The insurer shall provide any information requested by the agency unless the information is subject to a legal privilege that would prohibit disclosure.

�� (2) If an insurer has reason to believe that criminal conduct involving insurance has been, is being or is about to be committed, the insurer shall notify the appropriate agency of that fact. The insurer is not required to notify the agency if the information or any part of the information upon which the belief is based is protected from disclosure by legal privilege.

�� (3) An insurer providing information under this section may request information relating to the investigation that is in the possession or control of the agency. The agency may not provide an insurer with information that is privileged or confidential. Otherwise, the agency shall disclose requested information unless disclosure would jeopardize an ongoing investigation or prosecution. The agency may require that the insurer not disclose the information to any other person.

�� (4) A person who has reason to believe criminal conduct involving insurance has been, is being or is about to be committed, or who collects, reviews or analyzes information concerning suspected criminal conduct involving insurance, may furnish any unprivileged information in the person�s possession concerning the suspected criminal conduct to an insurer who requests the information for the purpose of detecting, prosecuting or preventing criminal conduct involving insurance.

�� (5) If an insurer or agency does not provide information as required by this section and the suspected criminal conduct results in a conviction, the insurer or agency is not eligible for any compensation to which the insurer or agency might otherwise be entitled from any award under ORS 137.106. [1999 c.633 �3]

�� 731.594 Immunity from civil liability. Unless it is shown that the person, including an insurer, acted with actual malice, a person who discloses or provides information under ORS 731.592 has immunity from any civil liability that might otherwise be incurred or imposed with respect to the disclosure or provision of the information. A person has the same immunity with respect to participating in any judicial proceeding resulting from the disclosure or provision of information. [1999 c.633 �4]

DEPOSITS

�� 731.604 Acceptance of deposits of insurers. The following deposits of insurers shall be accepted and held by the Department of Consumer and Business Services for the purposes for which such deposits are made and are subject to the applicable provisions of the Insurance Code:

�� (1) Deposits required or permitted under the Insurance Code.

�� (2) Deposits of domestic insurers made pursuant to the laws of other jurisdictions. [1967 c.359 �112; 1999 c.196 �2]

�� 731.608 Purpose of deposit. (1) Except as provided in subsection (2) of this section, deposits made in this state under ORS 731.624 shall be held for the faithful performance by the insurer of all insurance obligations, including claims for unearned premiums, with respect to domestic risks pertaining to the particular class of insurance for which the deposit was made. However, there shall be excluded from each such obligation the same amount as is excluded in determining the obligation of the Oregon Insurance Guaranty Association under ORS 734.510 to 734.710.

�� (2) If at any time a deposit made under ORS 731.624 by a particular insurer is insufficient to perform the insurance obligations upon the faithful performance of which the deposit was conditioned, then any other deposit made under ORS 731.624 by that insurer shall be so used to the extent that such other deposit is not used to perform the insurance obligations upon the faithful performance of which such other deposit was conditioned.

�� (3) Deposits made by insurers and reinsurers in this state under ORS 731.628 shall be held for the payment of compensation benefits to workers employed by insured employers other than those insured with the State Accident Insurance Fund Corporation to whom the insurer has issued a workers� compensation insurance policy under ORS chapter 656. Deposits made by insurers and reinsurers under ORS 731.628 also shall be held to reimburse the Department of Consumer and Business Services, subject to approval by the Director of the Department of Consumer and Business Services, for costs incurred by the department in processing workers� compensation claims of insurers which have been placed in liquidation, receivership, rehabilitation or other such status for the orderly conservation or distribution of assets, pursuant to the laws of this state or any other state.

�� (4) A deposit made in this state by a domestic insurer transacting insurance in another jurisdiction, and as required by the laws of such jurisdiction, shall be held for the purpose or purposes required by such laws.

�� (5) Deposits of foreign and alien insurers required pursuant to ORS 731.854 shall be held for such purposes as are required by such law, and as specified by the director�s order by which the deposit is required.

�� (6) Deposits of domestic reciprocal insurers required pursuant to ORS 731.632 shall be held for the benefit of subscribers wherever located. [1967 c.359 �113; 1971 c.231 �12; 1977 c.793 �6; 1981 c.854 �57; 1987 c.236 �1; 1989 c.700 �2; 2007 c.241 �26]

�� 731.612 Rights of insurer regarding deposits. While the insurer remains unimpaired and is in compliance with the Insurance Code it may:

�� (1) Demand, receive, sue for and recover the income from the assets deposited;

�� (2) Exchange and substitute for the deposited assets, or any part thereof, other eligible assets of equivalent or greater value; and

�� (3) At any reasonable time inspect such deposit. [1967 c.359 �114]

�� 731.616 Valuation of deposits; deficiencies. (1) For the purpose of determining the sufficiency of its deposit in this state the assets of the insurer on deposit shall be valued at current market value.

�� (2) If assets deposited by an insurer are subject to material fluctuations in market value, the Director of the Department of Consumer and Business Services, in the discretion of the director, may require the insurer to deposit and maintain on deposit additional assets in such amount as reasonably is necessary to assure that the deposit at all times will have a market value of not less than the amount specified under or pursuant to the law by which the deposit is required.

�� (3) If for any reason the current market value of such assets falls below the amount of deposit required of the insurer, the insurer shall promptly deposit other or additional assets eligible for deposit in an amount sufficient to cure the deficiency. The insurer has 30 days in which to cure the deficiency after notice thereof from the director. [1967 c.359 �115]

�� 731.620 Assignment of deposited securities. (1) The insurer shall assign in trust to the Director of the Department of Consumer and Business Services and successors in office all securities being deposited through the director under the Insurance Code that are not negotiable by delivery; or, in lieu of such assignment, the insurer may give the director an irrevocable power of attorney authorizing the director to transfer the securities or any part thereof for any purpose within the scope of the Insurance Code.

�� (2) Upon release to the insurer, or other person entitled thereto, of any such security the director shall reassign the security to such insurer or person; or, in the case of power of attorney given pursuant to subsection (1) of this section, the director shall deliver the power of attorney, together with the securities covered thereby, to the insurer or person entitled thereto. [1967 c.359 �116; 1979 c.870 �3; 1987 c.158 �154]

�� 731.624 Special deposits; foreign and alien insurers. Every insurer, before transacting insurance in this state, shall make the following deposits with the Department of Consumer and Business Services:

�� (1) Foreign or alien insurers transacting surety insurance in this state, $250,000.

�� (2) Foreign or alien insurers transacting title insurance in this state, $100,000.

�� (3) Foreign or alien insurers transacting home protection insurance in this state, $100,000.

�� (4) Foreign or alien insurers transacting mortgage guaranty insurance in this state, $500,000. [1967 c.359 �117; 1981 c.247 �7; 1987 c.483 �4; 1999 c.196 �3]

�� 731.628 Deposit required of workers� compensation insurers. (1) In addition to any other requirement therefor under the Insurance Code, each insurer other than the State Accident Insurance Fund Corporation that issues workers� compensation insurance policies to employers under ORS chapter 656 shall deposit with the Department of Consumer and Business Services an amount that is the greater of the following amounts:

�� (a) $100,000.

�� (b) An amount equal to the sum described in this paragraph less credits for approved reinsurance that the insurer may take under subsection (2) of this section. The sum under this paragraph is the sum of the following, computed as of December 31 next preceding in respect to workers� compensation insurance policies written subject to ORS chapter 656:

�� (A) The aggregate of the present values at four percent interest of the determined and estimated future loss and loss-expense payments upon claims incurred more than three years next preceding the date of computation.

�� (B) The aggregate of the amounts computed under this subparagraph for each of the three years next preceding the date of computation. The amount for each year shall be 65 percent of the earned premiums for the year less all loss and loss-expense payments made upon claims incurred in the corresponding year, except that the amount for any year shall not be less than the present value at four percent interest of the determined and estimated future loss and loss-expense payments upon claims incurred in that year.

�� (2) Before an insurer may take a credit for reinsurance under subsection (1)(b) of this section, the reinsurer must deposit with the department an amount equal to the credit to be taken.

�� (3) An insurer may be allowed the credit referred to in subsection (1)(b) of this section only when the reinsurer has deposited with the department an amount equal to the credit. [1967 c.359 �118; 1971 c.231 �13; 1979 c.870 �4; 1981 c.854 �58; 1987 c.483 �5; 1989 c.700 �3; 1999 c.196 �4; 2007 c.241 �27]

�� 731.632 Deposit required of domestic reciprocal insurers; exception. Every domestic reciprocal insurer shall deposit with the Department of Consumer and Business Services $50,000, except such an insurer which exchanges policies of insurance covering only wet marine hull insurance for persons whose earned income, in whole or in part, is derived from taking and selling food resources living in an ocean, bay or river. [1967 c.359 �119; 1977 c.651 �3; 1993 c.709 �5; 1999 c.196 �5]

�� 731.636 Deposit or trusteed assets of alien insurer required. (1) Except as provided in subsection (3) of this section, every alien insurer, before transacting insurance in this state as an authorized insurer, shall deposit with the Department of Consumer and Business Services the sum of the following amounts:

�� (a) The amount of its outstanding liabilities arising out of its insurance transactions in the United States; and

�� (b) Its required capitalization.

�� (2) ORS 731.640 (1)(d) does not apply with respect to such deposit.

�� (3) In lieu of such deposit, the insurer may furnish evidence satisfactory to the Director of the Department of Consumer and Business Services that it maintains in the United States, by way of trust deposits with public depositories or with trust institutions acceptable to the director, assets at least equal to the deposit otherwise required by this section. [1967 c.359 �120; 1999 c.196 �6]

�� 731.640 Eligible deposits; rules. (1) Deposits which are required or permitted under the Insurance Code shall consist only of the following:

�� (a) Cash.

�� (b) Amply secured obligations of the United States, a state or a political subdivision thereof.

�� (c) Certificates of deposit or other investments described in ORS 733.650 (4). The Director of the Department of Consumer and Business Services may promulgate rules to limit such investments.

�� (d) A surety bond, approved by the director, executed by an authorized surety insurer that is not under common ownership, management or control with the person making the deposit. This paragraph does not apply to deposits made by surety insurers or to workers� compensation deposits made under ORS 731.628.

�� (e) Amply secured obligations of a corporation rated by the National Association of Insurance Commissioners as Class 1. This paragraph applies only to that portion of the total deposit that exceeds $50 million. The director may adopt rules to require periodic review of the secured obligations of a corporation allowed under this paragraph.

�� (2) Deposits of domestic insurers made pursuant to the laws of other jurisdictions shall consist of cash or securities as required or permitted by the laws of such jurisdictions. [1967 c.359 �121; 1973 c.450 �1; 1981 c.854 �61; 1999 c.196 �6a; 2003 c.123 �1]

�� 731.642 Contracts for security deposits. The Director of the Department of Consumer and Business Services, in performing duties under ORS 731.604 to 731.652 and after consultation with the State Treasurer, may enter into contracts with banks qualified to act as trust companies and as depositories of state funds to hold and service securities deposited by insurers with the Department of Consumer and Business Services. The insurers whose securities are held and serviced by the banks shall pay for the cost of such contracts. [1969 c.143 �2; 1999 c.196 �7; 2001 c.104 �288]

�� 731.644 Payment of losses out of deposits, generally. (1) Except as otherwise provided in the Insurance Code, no judgment creditor or other claimant of an insurer shall have the right to levy upon any of the assets or securities of the insurer held on deposit in this state.

�� (2) As to deposits made in this state pursuant to ORS 731.854, levy thereupon shall be permitted only if expressly so provided in the order of the Director of the Department of Consumer and Business Services under which the deposit is required. [1967 c.359 �122]

�� 731.648 Duration and release of deposit. (1) Every deposit made in this state by an insurer pursuant to the Insurance Code shall be so held as long as there is outstanding any liability of the insurer as to which the deposit was required, except as follows:

�� (a) If the deposit was required under ORS 731.854, the deposit shall be held for so long as the basis of such retaliation exists.

�� (b) If the deposit was required of a reinsurer under ORS 731.628, the deposit shall be held as long as there is outstanding any liability of the reinsurer with respect to which the deposit was made.

�� (2) No surety insurer shall be permitted to withdraw its deposit for a period of three years after discontinuing business within this state.

�� (3) The Director of the Department of Consumer and Business Services shall release a deposit:

�� (a) To the insurer upon extinguishment by reinsurance or otherwise of all liability of the insurer for the security of which the deposit is held. If extinguishment is by reinsurance, the assuming insurer shall be one authorized to transact such insurance in this state.

�� (b) To the insurer, while unimpaired, to the extent such deposit is in excess of the amount required.

�� (c) To the surviving corporation or to such person as it may designate for the purpose, upon effectuation of a merger of the depositing insurer, if the surviving insurer is authorized to transact insurance in this state.

�� (4) The director shall release a deposit by an insurer upon order of a court of competent jurisdiction, to the receiver, conservator, rehabilitator, or liquidator of the insurer, or to any other properly designated official or officials who succeed to the management and control of the insurer�s assets pursuant to delinquency proceedings brought against the insurer. The director shall release a deposit by a reinsurer under ORS 731.628 upon order of a court of competent jurisdiction, to the receiver, conservator, rehabilitator, or liquidator of the ceding insurer, or to any other properly designated official or officials who succeed to the management and control of the insurer�s assets pursuant to delinquency proceedings brought against the ceding insurer. [1967 c.359 �123; 1989 c.700 �4; 1993 c.447 �106; 1999 c.196 �8]

�� 731.652 Proofs for release of deposit to insurers; director�s responsibility. (1) Before releasing any deposit or portion thereof to the insurer, as provided in ORS 731.648, the Director of the Department of Consumer and Business Services shall require the insurer to file with the director a written statement in such form and with such verification as the director deems advisable setting forth the facts upon which it bases its entitlement to such release.

�� (2) If release of the deposit is claimed by the insurer upon the ground that all its liabilities, as to which the deposit was held, have been assumed by another insurer authorized to transact insurance in this state, the insurer shall file with the director a copy of the contract or agreement of such reinsurance duly attested under the oath of an officer of each of the insurers that are parties thereto.

�� (3) If release of the deposit is claimed by a domestic insurer upon the ground that all its liabilities, as to which the deposit was held, have been terminated other than by reinsurance, the director shall make an examination of the affairs of the insurer for determination of the actuality of such termination.

�� (4) Upon being satisfied by such statement and reinsurance contract, or examination of the insurer if required under subsection (3) of this section, or by such other examination of the affairs of the insurer as the director deems advisable to make, that the insurer is entitled to the release of its deposit or portion thereof as provided in ORS 731.648, the director shall release the deposit or excess portion thereof to the insurer or its authorized representative.

�� (5) If the director willfully fails faithfully to keep, deposit, account for or surrender any such assets or securities deposited through the director in the manner as authorized or required under the Insurance Code, the director shall be liable therefor upon the director�s official bond, and suit may be brought upon the bond by any person injured by such failure. The director shall not, however, have any liability as to any assets or securities of an insurer released by the director in good faith pursuant to the authority vested in the director under the Insurance Code. [1967 c.359 �124; 1999 c.196 �9]

�� 731.704 [Formerly 128.820; 1971 c.425 �2; 1975 c.699 �1; 1983 c.740 �253; 1989 c.326 �1; 1989 c.413 �4; 1991 c.189 �1; 1991 c.190 �1; 1993 c.53 �1; 1997 c.735 �1; repealed by 2005 c.31 �4]

�� 731.708 [Formerly 128.830; 1995 c.639 �2a; repealed by 2005 c.31 �4]

�� 731.712 [1967 c.359 �127; 1971 c.425 �3; 1989 c.784 �15; repealed by 2005 c.31 �4]

�� 731.716 [Formerly 128.850; 1971 c.425 �4; repealed by 2005 c.31 �4]

�� 731.720 [Formerly 128.860; 1971 c.425 �5; 1993 c.377 �2; 1995 c.639 �2; 1997 c.131 �2; repealed by 2005 c.31 �4]

�� 731.724 [Formerly 128.880; 1971 c.425 �6; repealed by 2005 c.31 �4]

EXCHANGE OF INFORMATION BY REGULATORS

�� 731.730 Insurer filings with National Association of Insurance Commissioners. (1) Every authorized insurer shall file with the National Association of Insurance Commissioners, on or before March 1 of each year, a copy of its annual statement blank, along with additional filings required by the Director of the Department of Consumer and Business Services for the preceding year. The information filed with the National Association of Insurance Commissioners must be in the same format and scope as that required by the director and must include the signed jurat page and the actuarial certification. Each amendment and each addendum to the annual statement filing subsequently filed with the director must also be filed with the National Association of Insurance Commissioners.

�� (2) A foreign insurer that is domiciled in a state having a law substantially similar to the provisions of subsection (1) of this section is considered to be in compliance with this section.

�� (3) An insurer making a filing under subsection (1) of this section must pay the National Association of Insurance Commissioners the fee established by the National Association of Insurance Commissioners for filing, reviewing or processing the information. [1993 c.447 �100]

�� 731.731 Immunity for certain persons dealing with information collected from filings under ORS 731.730. Except in the case of malfeasance in office or willful or wanton neglect of duty or authority, there shall be no liability on the part of, and no cause of action of any nature shall arise against, any of the following persons by virtue of their collection, review, analysis or dissemination of the data and information collected from the filings required by ORS 731.730:

�� (1) Members of the National Association of Insurance Commissioners and the delegates and authorized committees, subcommittees and task forces of the National Association of Insurance Commissioners.

�� (2) Employees of the National Association of Insurance Commissioners.

�� (3) The Director of the Department of Consumer and Business Services or any representative of the director.

�� (4) The insurance regulatory official of another state or any representative of such an official. [1993 c.447 �101]

�� 731.735 Certain information confidential. All financial analysis ratios and examination synopses concerning insurers that are submitted to the Director of the Department of Consumer and Business Services by the Insurance Regulatory Information System of the National Association of Insurance Commissioners are confidential as provided in ORS

ORS 750.003

750.003, 750.005, 750.025 and 750.045 that are necessary for the proper administration of these provisions.

�� 750.059 Exemption of group practice maintenance organizations from reimbursement requirement for services provided by state hospital or state-approved program. ORS 743A.010 does not apply to group practice maintenance organizations that are federally qualified pursuant to Title XIII of the Public Health Service Act (42 U.S.C. 300e et seq.). [1981 c.422 �2; 1981 c.891 �3]

�� 750.060 [Amended by 1967 c.359 �555; renumbered 744.375]

�� 750.065 Payment or reimbursement for services within scope of practice of optometrists. Notwithstanding any provision of contract or agreement entered into by a corporation, association, society, firm, partnership or individual doing business as a hospital association or as a health care service contractor, whenever the contract or agreement provides for payment or reimbursement for a service that is within the lawful scope of practice of a licensed optometrist, the hospital association or health care service contractor shall provide payment or reimbursement for the service, whether the service is performed by a physician or a licensed optometrist. Unless the contract or agreement provides otherwise, there shall be no reimbursement for ophthalmic materials, lenses, spectacles, eyeglasses or appurtenances thereto. [1971 c.97 �2; 2005 c.442 �3]

�� 750.070 [Repealed by 1967 c.359 �704]

�� 750.075 [1979 c.799 �3; repealed by 1991 c.958 �6]

�� 750.080 [Amended by 1967 c.359 �557; renumbered 744.396]

INSOLVENCY OF HEALTH CARE SERVICE CONTRACTOR

�� 750.085 Offer of replacement coverage upon order of liquidation; procedure; rules. (1) If a final order of liquidation with a finding of insolvency has been entered with respect to a health care service contractor by a court of competent jurisdiction in the domicile of the health care service contractor, subscribers of the health care service contractor must be offered replacement coverage as provided in this section.

�� (2) All insurers and health care service contractors that participated with the insolvent health care service contractor in the open enrollment process at the last regular open enrollment period for a group shall offer members of the group that are subscribers of the insolvent health care service contractor an open enrollment period that the Director of the Department of Consumer and Business Services establishes by rule, commencing on the date on which the final order of liquidation with a finding of insolvency was entered. Each of the insurers and health care service contractors shall offer the subscribers of the insolvent health care service contractor the same coverages and rates that the insurer or health care service contractor had offered to members of the group at the group�s last regular open enrollment period.

�� (3) If no other insurer or health care service contractor offered health insurance coverage to a group or groups whose members are enrolled with the insolvent health care service contractor, or if the other insurers and health care service contractors lack sufficient health care delivery resources to assure that health care services will be available and accessible to all of the group subscribers of the insolvent health care service contractor, the Director of the Department of Consumer and Business Services shall equitably allocate the contract or contracts for the group or groups among all health care service contractors that operate within a portion of the service area of the insolvent health care service contractor. The director shall take into consideration the health care delivery resources of each health care service contractor. Each health care service contractor to which a group or groups are so allocated shall offer to each such group the existing coverage of the health care service contractor, at rates determined by the health care service contractor in accordance with the health care service contractor�s existing rating methodology. Each health care service contractor to whom a group or groups are allocated may reevaluate the group or groups at the end of the contractual period or at the end of six months after the allocation, whichever occurs first, in order to determine the appropriate premium for each such group.

�� (4) The director shall equitably allocate the nongroup subscribers of the insolvent health care service contractor that are unable to obtain other coverage among all health care service contractors that operate within a portion of the service area of the insolvent health care service contractor. The director shall take into consideration the health care delivery resources of each health care service contractor. Each health care service contractor to which nongroup subscribers are allocated shall offer the health care service contractor�s existing individual or conversion coverage to nongroup subscribers, at rates determined in accordance with the health care service contractor�s existing rating methodology. A health care service contractor that does not offer direct nongroup enrollment may aggregate all of the allocated nongroup subscribers into one group for rating and coverage purposes. [1989 c.783 �2; 2017 c.479 �23]

�� 750.090 [Amended by 1967 c.359 �558; renumbered 744.405]

�� 750.095 Requirements of contract between provider and subscriber; content. (1) For the purpose of this section only, and only in the event of a finding of impairment by the Director of the Department of Consumer and Business Services or of a final order of liquidation, as described in ORS 750.085, any covered health care service furnished within the state by a provider to a subscriber of a health care service contractor shall be considered to have been furnished pursuant to a contract between the provider and the health care service contractor with whom the subscriber was enrolled when the services were furnished.

�� (2) Each contract between a health care service contractor and a provider of health care services shall provide that if the health care service contractor fails to pay for covered health care services as set forth in the subscriber�s evidence of coverage or contract, the subscriber is not liable to the provider for any amounts owed by the health care service contractor.

�� (3) If the contract between the contracting provider and the health care service contractor has not been reduced to writing or fails to contain the provisions required by subsection (2) of this section, the subscriber is not liable to the contracting provider for any amounts owed by the health care service contractor.

�� (4) No contracting provider or agent, trustee or assignee of the contracting provider may maintain a civil action against a subscriber to collect any amounts owed by the health care service contractor for which the subscriber is not liable to the contracting provider under this section.

�� (5) Nothing in this section impairs the right of a provider to charge, collect from, attempt to collect from or maintain a civil action against a subscriber for any of the following:

�� (a) Deductible, copayment or coinsurance amounts.

�� (b) Health care services not covered by the health care service contractor.

�� (c) Health care services rendered after the termination of the contract between the health care service contractor and the provider, unless the health care services were rendered during the confinement in an inpatient facility and the confinement began prior to the date of termination or unless the provider has assumed post-termination treatment obligations under the contract.

�� (6) Nothing in this section prohibits a subscriber from seeking noncovered health care services from a provider and accepting financial responsibility for these services.

�� (7) No health care service contractor shall limit the right of a provider of health care services to contract with the patient for payment of services not within the scope of the coverage offered by the health care service contractor. [1989 c.783 �3]

�� 750.100 [Amended by 1967 c.359 �556; renumbered 744.385]

�� 750.110 [Repealed by 1967 c.359 �704]

�� 750.210 [Repealed by 1967 c.359 �704]

�� 750.220 [Repealed by 1967 c.359 �704]

�� 750.230 [Repealed by 1967 c.359 �704]

�� 750.240 [Repealed by 1967 c.359 �704]

�� 750.250 [Repealed by 1967 c.359 �704]

�� 750.260 [Repealed by 1967 c.359 �704]

�� 750.270 [Repealed by 1967 c.359 �704]

�� 750.300 [1973 c.97 �3; repealed by 1989 c.331 �35]

MULTIPLE EMPLOYER WELFARE ARRANGEMENTS

�� 750.301 Definitions for ORS 750.301 to 750.341. As used in ORS 750.301 to 750.341, �multiple employer welfare arrangement� has the meaning given that term in section 3 of the federal Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. 1002. [1993 c.615 �2]

�� Note: 750.301 to 750.341 were added to and made a part of the Insurance Code by legislative action but were not added to ORS chapter 750 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 750.303 Conditions for use of multiple employer welfare arrangement; permitted coverage. (1) An association or group of employers shall not provide health benefits to employees of the association or employees of any of the employers through a multiple employer welfare arrangement in this state except as authorized by a subsisting certificate of multiple employer welfare arrangement issued by the Director of the Department of Consumer and Business Services.

�� (2) Only health benefits may be transacted through a multiple employer welfare arrangement. Health benefits may include benefits for disablement only if the benefits for disablement do not exceed $2,000 each year for each person covered by the disablement benefit.

�� (3) Life insurance or insurance for disablement other than benefits described in subsection (2) of this section, or both, may be provided through a multiple employer welfare arrangement only if the insurance benefits meet the following conditions:

�� (a) The insurance benefits must be fully insured through an authorized insurer.

�� (b) The insurance benefits must be ancillary to the health benefits being provided under subsection (2) of this section.

�� (4) ORS 750.301 to 750.341 do not apply to a multiple employer welfare arrangement that is fully insured within the meaning of section 514(b)(6) of the federal Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. 1144(b)(6). [1993 c.615 �3]

�� Note: See note under 750.301.

�� 750.305 Application for certificate. An association or group of employers seeking to provide health benefits through a multiple employer welfare arrangement must apply for a certificate of multiple employer welfare arrangement on a form prescribed by the Director of the Department of Consumer and Business Services. The application must be completed and submitted to the director along with all of the following:

�� (1) Copies of all articles, bylaws, agreements and other documents or instruments describing the rights and obligations of employers, employees and beneficiaries with respect to the multiple employer welfare arrangement.

�� (2) A copy of the trust agreement of the multiple employer welfare arrangement.

�� (3) Current financial statements of the multiple employer welfare arrangement on the basis of statutory accounting principles.

�� (4) Proof of a bond for the purpose and in the form and amount required by ORS 750.318.

�� (5) A statement showing in full detail the plan for offering health care benefits through the multiple employer welfare arrangement. The plan must show that the association or group of employers and the trust meet the requirements of ORS 750.307 and

ORS 751.050

751.050]

�� 734.280 Form of claim; notice; hearing. (1) All claims against an insurer, against which delinquency proceedings have been begun, shall set forth in reasonable detail the amount of the claim, or the basis upon which such amount can be ascertained, the facts upon which the claim is based, and the priorities asserted, if any. All such claims shall be verified by the affidavit of the claimant, or someone authorized to act on behalf of the claimant and having knowledge of the facts, and shall be supported by such documents as may be material thereto.

�� (2) All claims filed in this state shall be filed with the receiver, whether domiciliary or ancillary, in this state, on or before the last date for filing as specified in this chapter.

�� (3) After the expiration of any period for filing of claims, the receiver shall report the claims filed within such period to the court, specifying in such report the recommendation of the receiver with respect to the action to be taken thereon. Upon receipt of such report, the court shall fix a time for hearing such claims and shall direct that the claimants or the receiver, as the court shall specify, shall give such notice as the court shall determine to such persons as shall appear to the court to be interested therein. All such notices shall specify the time and place of the hearing and shall concisely state the amount and nature of the claim, the priorities asserted, if any, and the recommendation of the receiver with reference thereto.

�� (4) At the hearing all persons interested shall be entitled to appear and the court shall enter an order allowing, allowing in part, or disallowing the claim. Any such order shall be deemed to be an appealable order. [1967 c.359 �282]

�� 734.290 Priority of preferred claims. (1) In a delinquency proceeding against an insurer domiciled in this state, claims owing to residents of ancillary states shall be preferred claims if like claims are preferred under the laws of this state. All such claims whether owing to residents or nonresidents shall be given equal priority of payment from general assets regardless of where such assets are located.

�� (2) In a delinquency proceeding against an insurer domiciled in a reciprocal state, claims owing to residents of this state shall be preferred if like claims are preferred by the laws of that state. [1967 c.359 �283]

�� 734.300 Priority of special deposit claims. The owners of special deposit claims against an insurer for which a receiver is appointed in this or any other state shall be given priority against their several special deposits in accordance with the provisions of the statutes governing the creation and maintenance of such deposits. If there is a deficiency in any such deposit so that claims secured thereby are not fully discharged therefrom, the claimants may share in the general assets, but such sharing shall be deferred until general creditors, and also claimants against other special deposits who have received smaller percentages from their respective special deposits, have been paid percentages of their claims equal to the percentage paid from the special deposit. [1967 c.359 �284]

�� 734.310 Priority of secured claims. The owner of a secured claim against an insurer for which a receiver has been appointed in this or any other state may surrender the security and file a claim as a general creditor, or the claim may be discharged by resort to the security, in which case the deficiency, if any, shall be treated as a claim against the general assets of the insurer on the same basis as claims of unsecured creditors. If the amount of the deficiency has been adjudicated in ancillary proceedings as provided in this chapter, or if it has been adjudicated by a court of competent jurisdiction in proceedings in which the domiciliary receiver has had notice and opportunity to be heard, such amount shall be conclusive; otherwise the amount shall be determined in the delinquency proceeding in the domiciliary state. [Formerly 751.080]

�� 734.320 Attachment and garnishment of assets. During the pendency of delinquency proceedings in this or any reciprocal state no action or proceeding in the nature of an attachment, garnishment or execution shall be commenced or maintained in the courts of this state against the delinquent insurer or its assets. Any lien obtained by any such action or proceeding within four months prior to the commencement of any such delinquency proceeding or at any time thereafter shall be void as against any rights arising in such delinquency proceeding. [1967 c.359 �286]

�� 734.330 [Formerly 751.110; repealed by 1993 c.447 �122]

�� 734.340 Date rights fixed on liquidation. The rights and liabilities of the insurer and of its creditors, policyholders, stockholders, members, subscribers, and all other persons interested in its estate, shall, unless otherwise directed by the court, be fixed as of the date on which the order directing the liquidation of the insurer is filed in the office of the clerk of the court which makes the order, subject to the provisions of ORS 734.380 with respect to the rights of claimants holding contingent claims. [1967 c.359 �288]

�� 734.350 Voidable transfers. (1) Any transfer of, or lien upon, the property of an insurer, other than as provided in ORS 734.320 which is made or created within four months prior to the commencement of a delinquency proceeding with the intent of giving to any creditor, or of enabling the creditor to obtain, a greater percentage of the debt than any other creditor of the same class, and which is accepted by such creditor having reasonable cause to believe that such a preference will occur, shall be voidable.

�� (2) Every director, officer, employee, stockholder, member, subscriber, and any other person acting on behalf of such insurer who shall be concerned in any such act or deed and every person receiving thereby any property of such insurer or the benefit thereof, shall be personally liable therefor and shall be bound to account to the Director of the Department of Consumer and Business Services.

�� (3) The director, as receiver in any proceeding under this chapter, may avoid any transfer of, or lien upon, the property of an insurer which any creditor, stockholder, subscriber or member of such insurer might have avoided, and may recover the property so transferred, unless such person was a bona fide holder for value prior to the commencement of the delinquency proceeding. Such property or its value may be recovered from anyone who has received it, except a bona fide holder for value as specified in this subsection. [1967 c.359 �289]

�� 734.360 Preference of claims. Except as provided in ORS 734.310 for secured claims, the claims to be paid in full in delinquency proceedings prior to the payment of any other claims, and the order of payment, shall be:

�� (1) Expenses of administration of the delinquency proceedings and expenses of the Oregon Insurance Guaranty Association or similar organization in another state handling claims in accordance with ORS 734.510 to 734.710;

�� (2) All claims under policies, including third party claims and claims under nonassessable policies for unearned premiums, and all claims by the Oregon Insurance Guaranty Association, the Oregon Life and Health Insurance Guaranty Association or any similar organization in another state for payment of covered claims or contractual obligations;

�� (3) Claims legally due and owing by the insurer to the United States;

�� (4) If the insurer is domiciled in this state, compensation or wages actually owing to salaried employees other than officers of the insurer, for services rendered within three months prior to the commencement of the delinquency proceeding, but not exceeding $2,000 for each such employee;

�� (5) Claims legally due and owing by the insurer to this state; and

�� (6) Claims, including special deposit claims, owing to any person, including this state, that by the laws of this state is entitled to priority. [1967 c.359 �290; 1977 c.793 �7; 1983 c.223 �1; 2001 c.974 �3]

�� 734.370 Offsets. No offsets shall be allowed in cases of mutual debts or mutual credits between the insurer and another person in connection with any domestic delinquency proceeding under this chapter, except for cases of policy loans and cases of reinsurance and except for insurance producers� balances, excluding unearned return commissions. [1967 c.359 �291; 1989 c.425 �14; 2003 c.364 �86]

�� 734.380 Allowance of certain claims. (1) A contingent claim against an insurer or a claim based upon a cause of action or suit against an insured of an insurer shall be filed, presented and reported in the same manner and within the same time limitations as provided in this chapter for a noncontingent claim. Such claims shall be allowed to share in a distribution of assets in the same manner as noncontingent claims of the same class and priority, provided that before any such sharing and distribution:

�� (a) If the claim is a contingent claim against the insurer, it becomes an absolute claim either as a result of proof presented or litigation; or

�� (b) If the claim is based upon a cause of action or suit against an insured of the insurer, a judgment is obtained against the insured or it may be reasonably inferred from proof presented that the claimant would be able to obtain such a judgment; in no case, however, shall all of the claims so presented and allowed arising out of a single act of the insured exceed the maximum liability of the insurer under its policy with or affecting the insured.

�� (2) Nothing in subsection (1) of this section shall prevent or bar the Director of the Department of Consumer and Business Services from compromising a disputed claim with the claimant, whether contingent or noncontingent, if such compromise is justified and supported by the facts and circumstances.

�� (3) If full or partial distribution to noncontingent claimants is authorized or directed by the court prior to satisfaction of the requirements of subsection (1)(a) or (b) of this section, with respect to particular claims the director shall retain a sum equal to the amount which would have been paid on the contingent claim if such requirements had then been met. The amount so withheld shall be distributed to the person or persons found by the court to be entitled thereto at such time as the claim is fully established as provided in subsection (1) of this section, or the director is satisfied that the claim is without merit or cannot be so proved or established, or the statute of limitations, if timely asserted, would bar further consideration or recovery thereon.

�� (4) No judgment entered after the date of entry of a liquidation order shall be considered in the liquidation proceedings as evidence of liability or of the amount of damages, and no judgment entered on default or inquest or by collusion after commencement of a delinquency proceeding shall be considered as conclusive evidence in the liquidation proceeding, either of liability or of the amount of damages. [1967 c.359 �292]

�� 734.385 Rights and obligations of Federal Home Loan Bank in connection with delinquency proceeding against insurer. (1) As used in this section:

�� (a) �Collateral� means collateral that meets the requirements for the categories of collateral that are set forth in 12 C.F.R. 1266.7(a), as in effect on May 19, 2025, and in which a Federal Home Loan Bank holds a first priority perfected security interest.

�� (b) �Federal Home Loan Bank� has the meaning given that term in 12 U.S.C. 1422, as in effect on May 19, 2025.

�� (c) �Insurer-member� means an insurer that is a member of a Federal Home Loan Bank.

�� (2) Notwithstanding requirements for a form of claim against an insurer that are set forth in ORS 734.280 and notwithstanding the priority of preferred claims against an insurer that are specified in ORS 734.290, of special deposit claims against an insurer that are specified in ORS 734.300 or of secured claims against an insurer that are specified in ORS 734.310, in connection with a delinquency proceeding under ORS 734.110 to 734.440:

�� (a) A court may not stay or prohibit a Federal Home Loan Bank from exercising the Federal Home Loan Bank�s rights with respect to collateral that an insurer-member has pledged; and

�� (b) A receiver shall comply with the provisions of this section with respect to:

�� (A) The Federal Home Loan Bank�s rights in connection with an insurer-member; and

�� (B) Claims against an insurer-member.

�� (3) A Federal Home Loan Bank that exercises a right with respect to collateral pledged by an insurer-member that is subject to a delinquency proceeding shall repurchase any outstanding capital stock that exceeds the amount of the Federal Home Loan Bank�s stock that the insurer-member must hold as a minimum investment if the Federal Home Loan Bank determines in good faith that the repurchase is:

�� (a) Permissible under applicable laws, regulations, regulatory obligations and the Federal Home Loan Bank�s capital plan; and

�� (b) Consistent with the current capital stock practices the Federal Home Loan Bank applies to the entire membership of the Federal Home Loan Bank.

�� (4) After the appointment of a receiver for an insurer-member, a Federal Home Loan Bank, within 10 business days after a request from the receiver, shall establish a process and timeline for:

�� (a) Releasing collateral that, under the terms of applicable agreements between the Federal Home Loan Bank and the insurer-member, exceeds the amount required to support obligations that remain after repaying loans;

�� (b) Releasing any of the insurer-member�s collateral that remains in the Federal Home Loan Bank�s possession after payment in full of all of the insurer-member�s outstanding obligations;

�� (c) Paying fees the insurer-member owes and operating the insurer-member�s deposits and accounts with the Federal Home Loan Bank; and

�� (d) Redeeming or repurchasing Federal Home Loan Bank stock or excess stock of any class that an insurer-member must own.

�� (5) A Federal Home Loan Bank, at a receiver�s request, shall provide any available opportunities that may exist for an insurer-member that is subject to a delinquency proceeding to renew or restructure a loan to defer prepayment fees, with due regard for:

�� (a) Market conditions;

�� (b) The terms of any loans to the insurer-member that are outstanding;

�� (c) Applicable policies of the Federal Home Loan Bank; and

�� (d) The Federal Home Loan Bank�s compliance with federal laws and regulations.

�� (6)(a) Notwithstanding ORS 734.350 and except as provided in paragraph (b) of this subsection, a receiver for an insurer-member, including the Director of the Department of Consumer and Business Services, may not void any transfer of, or obligation to transfer, moneys or property that occurs or arises under or in connection with:

�� (A) A Federal Home Loan Bank security agreement;

�� (B) A pledge, security, collateral or guarantee agreement; or

�� (C) Any other similar arrangement or credit enhancement that relates to a Federal Home Loan Bank security agreement made in the ordinary course of business and in compliance with the applicable Federal Home Loan Bank agreement.

�� (b) A receiver may void a transfer if the transfer was made with an intent to hinder, delay or defraud the insurer-member, the receiver or existing or future creditors.

�� (c) This subsection does not affect a receiver�s rights under 12 C.F.R. 1266.4, as in effect on May 19, 2025, with respect to advances to an insurer-member that is subject to a delinquency proceeding. [2025 c.102 �2]

�� 734.390 Time to file claims. (1) If upon the granting of an order of liquidation under this chapter, or at any time thereafter during the liquidation proceeding, the insurer shall not be clearly solvent, the court shall, after such notice and hearing as it considers proper, make an order declaring the insurer to be insolvent. Thereupon, regardless of any prior notice which may have been given to creditors, the Director of the Department of Consumer and Business Services shall notify all persons who may have claims against the insurer and who have not filed proper proofs thereof, to present the same to the director, at a place specified in the notice, within four months from the date of the entry of such insolvency order or within such longer time as the court shall prescribe. The last day for filing of proofs of claims shall be specified in the notice. The notice shall be given in a manner determined by the court.

�� (2) Proofs of claims may be filed subsequent to the date specified, but no such claim shall share in the distribution of the assets until all allowed claims, proofs of which have been filed on or before such date, have been paid in full. [1967 c.359 �293]

�� 734.400 Report for assessment; domestic mutual and reciprocal insurers. Within three years from the date an order of rehabilitation or liquidation of a domestic mutual insurer or a domestic reciprocal insurer was filed in the office of the clerk of the court by which such order was made, the Director of the Department of Consumer and Business Services may make a report to the court setting forth:

�� (1) The reasonable value of the assets of the insurer;

�� (2) The insurer�s probable liabilities; and

�� (3) The probable necessary assessment, if any, to pay all claims and expenses in full, including expenses of administration. [1967 c.359 �294]

�� 734.410 Levy of assessment; domestic mutual and reciprocal insurers. (1) Upon the basis of the report provided for in ORS 734.400, including any amendments thereof, the court, ex parte, may levy one or more assessments against all persons who, as shown by the records of the insurer, were members (in the case of a mutual insurer) or subscribers (in the case of a reciprocal insurer) at any time within one year prior to the commencement of the delinquency proceeding.

�� (2) Such assessment or assessments shall cover the excess of the probable liabilities over the reasonable value of the assets, together with the estimated cost of collection and percentage of uncollectibility thereof. The total of all assessments against any member or subscriber, with respect to any policy, whether levied pursuant to this chapter or pursuant to any other provisions of the Insurance Code, shall be no greater than the amount specified in the policy of the member or subscriber and as limited under the Insurance Code; except that, if the court finds that the policy was issued at a rate of premium below the minimum rate lawfully permitted for the risk insured, the court may determine the upper limit of such assessment on the basis of such minimum rate.

�� (3) No assessment shall be levied against any member or subscriber with respect to any nonassessable policy issued in accordance with the Insurance Code. [1967 c.359 �295]

�� 734.420 Order to pay assessment. After levy of assessment as provided in ORS 734.410 and upon the filing of a further detailed report by the Director of the Department of Consumer and Business Services, the court shall issue an order directing each member (in the case of a mutual insurer) or each subscriber (in the case of a reciprocal insurer) if the member or subscriber shall not pay the amount assessed against the member or subscriber to the director on or before a day to be specified in the order, to show cause why the member or subscriber should not be held liable to pay such assessment together with costs as set forth in ORS 734.440, and why the director should not have judgment therefor. [1967 c.359 �296]

�� 734.430 Publication and transmittal of assessment order. The Director of the Department of Consumer and Business Services shall cause a notice of the assessment order issued under ORS 734.420, which shall set forth a brief summary of the contents of such order, to be:

�� (1) Published in such manner as shall be directed by the court; and

�� (2) Enclosed in a sealed envelope, addressed and mailed, postage prepaid, to each member or subscriber liable thereunder, at the last-known address of the member or subscriber as it appears on the records of the insurer, at least 20 days before the return day of the order to show cause specified in the assessment order. [1967 c.359 �297]

�� 734.440 Judgment upon assessment. (1) On the return day of the order to show cause specified in the assessment order issued under ORS 734.420, if the member or subscriber does not appear and serve verified objections upon the Director of the Department of Consumer and Business Services, the court shall make an order adjudging that such member or subscriber is liable for the amount of the assessment against the member or subscriber, together with $10 costs, and that the director may have judgment against the member or subscriber therefor.

�� (2) If on such return day the member or subscriber shall appear and serve verified objections upon the director, there shall be a full hearing before the court or a referee to hear and determine the matter. The court, after such hearing, shall make an order either negativing the liability of the member or subscriber to pay the assessment or affirming liability to pay the whole or some part thereof, together with $25 costs and the necessary disbursements incurred at such hearing, and directing that the director, in the latter case, may have judgment therefor. [1967 c.359 �298; 2003 c.576 �221]

OREGON INSURANCE GUARANTY ASSOCIATION

�� 734.510 Definitions for ORS 734.510 to 734.710. As used in ORS 734.510 to 734.710, unless the context requires otherwise:

�� (1) �Association� means the Oregon Insurance Guaranty Association created by ORS 734.550.

�� (2) �Board� means the board of directors of the association.

�� (3) �Controlled insurer� means an insurer 70 percent or more of whose stock is owned by a corporation, or by two or more corporations that are under common ownership.

�� (4)(a) �Covered claim� means an unpaid claim, including a claim for unearned premiums and a claim by the Workers� Benefit Fund for payments made under ORS chapter 656, that arises out of and is within the coverage and limits of an insurance policy to which ORS 734.510 to 734.710 apply and which is in force at the time of the occurrence giving rise to the unpaid claim, made by a person insured under the policy or by a person suffering injury or damage for which a person insured under the policy is legally liable, if:

�� (A) The insurer issuing the policy becomes an insolvent insurer after September 9, 1971; and

�� (B) The claimant or insured is a resident of this state at the time of the occurrence giving rise to the unpaid claim, or the property for which the claim arises is permanently located in this state.

�� (b) �Covered claim� does not include:

�� (A) Any amount in excess of the applicable limits of liability provided by an insurance policy to which ORS 734.510 to 734.710 apply;

�� (B) Any amount due any reinsurer, insurer, insurance pool or underwriting association as subrogated recoveries or otherwise;

�� (C) Any amount due to a state or to the federal government, except for a claim by the Workers� Benefit Fund under this section;

�� (D) A claim filed with the association after the final date set by the court for the filing of claims against the liquidator or receiver of an insolvent insurer, except for a claim that arises out of a workers� compensation policy that is subject to ORS chapter 656; or

�� (E) Any first party claim by an insured whose net worth exceeds $25 million on December 31 of the year next preceding the date the insurer becomes an insolvent insurer, provided that an insured�s net worth on such date is deemed to include the aggregate net worth of the insured and all of the insured�s subsidiaries as calculated on a consolidated basis.

�� (5) �Cybersecurity insurance� means direct insurance that is not otherwise excluded under ORS

ORS 757.522

757.522 to 757.536. [2009 c.751 �8]

�� Note: See note under 757.522.

VOLUNTARY EMISSION REDUCTION PROGRAM

�� 757.539 Eligibility criteria; contents of application; project proposal processes; recovery of costs; rate cap; report to Legislative Assembly. (1) As used in this section, �emission� means any anthropogenic gas, such as carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.

�� (2) The Public Utility Commission shall establish a voluntary emission reduction program for the purposes of incentivizing public utilities that furnish natural gas to invest in projects that reduce emissions and providing benefits to customers of public utilities that furnish natural gas.

�� (3) As part of the emission reduction program, the commission shall establish eligibility criteria for projects. The eligibility criteria must include:

�� (a) That the public utility requesting the project be a public utility that furnishes natural gas and that the project involve the provision of natural gas;

�� (b) That the project directly or indirectly reduce emissions;

�� (c) That the project benefit customers of the public utility as identified by the commission by rule or order;

�� (d) That the public utility, without the emission reduction program, would not invest in the project in the ordinary course of business;

�� (e) That the public utility, prior to filing an application under subsection (4) of this section, involve stakeholders as required by the commission by rule or order; and

�� (f) That the rate impact of the aggregate of all projects undertaken by a public utility under this section not exceed an amount established by the commission by rule or order.

�� (4) For each project that a public utility proposes under this section, the public utility must file with the commission an application. An application filed under this subsection must include:

�� (a) A description of the project;

�� (b) The projected amount of capital and operating costs necessary to complete and operate the project;

�� (c) The projected amount of reduced emissions created by the project;

�� (d) The potential of the project to reduce emissions not identified in paragraph (c) of this subsection;

�� (e) The projected date on which the project will become operational;

�� (f) A requested method, as described in subsection (8) of this section, for recovery of costs incurred and investments made and for the receipt of additional incentives;

�� (g) An explanation of why the public utility, without the emission reduction program, would not invest in the project in the ordinary course of business;

�� (h) Proof of stakeholder involvement;

�� (i) The projected rate impact of the project;

�� (j) The projected aggregate rate impact of all projects proposed by the public utility under this section and approved by the commission for the public utility under this section;

�� (k) An explanation of how the public utility will provide the commission with progress updates during the life of the project, including updates on costs and reduced emissions associated with the project; and

�� (L) Any other information required by the commission by rule or order.

�� (5)(a) The commission shall establish a two-tiered process for submitting a project proposal under the emission reduction program. For the purpose of establishing the tiers, the commission shall:

�� (A) Establish a threshold for overall project cost; and

�� (B) Establish a threshold for overall project cost per metric ton of reduced emissions.

�� (b) If a proposed project meets both the threshold described in paragraph (a)(A) of this subsection and the threshold described in paragraph (a)(B) of this subsection, the project is a tier one project subject to the requirements of subsection (6) of this section. If a proposed project does not meet the threshold described in paragraph (a)(A) of this subsection or the threshold described in paragraph (a)(B) of this subsection, the project is a tier two project subject to the requirements of subsection (7) of this section.

�� (6) For tier one projects, the commission shall:

�� (a) Provide interested parties with an opportunity to submit written comment in response to the proposed project;

�� (b) Hold a public hearing to address all submitted written comments; and

�� (c) Issue a final order on the proposed project within 90 days of receiving the application for the project, or at a later time as authorized by the public utility.

�� (7) For tier two projects, the commission shall:

�� (a) By rule or order, provide interested parties with an opportunity to submit testimony in response to the proposed project and be heard; and

�� (b) Issue a final order on the proposed project within 180 days of receiving the application for the project, or at a later time as authorized by the public utility.

�� (8) If a final order issued under subsection (6)(c) or (7)(b) of this section authorizes a project, the order shall specify:

�� (a) The type of ratepayer from whom the public utility that submitted the project proposal may recover costs incurred and investments made and receive any allowed additional incentives. A public utility may recover costs incurred and investments made and receive any allowed additional incentives from a type of ratepayer under this paragraph only if the commission makes a finding that the type of ratepayer receives a benefit from the project. If the commission makes a finding that more than one type of ratepayer receives a benefit from the project, the commission shall allow recovery of costs incurred and investments made and receipt of any allowed additional incentives from each type of ratepayer in an amount that is proportionate to the proportion of the benefit received, as determined by the commission, by the type of ratepayer.

�� (b) The method by which the public utility that submitted the project proposal may recover costs incurred and investments made and receive any allowed additional incentives, and the amount that the public utility may recover and receive. Methods of recovery and receipt include:

�� (A) Payment per unit of reduced emissions;

�� (B) Preapproval for inclusion in the public utility�s rates of costs prudently incurred and of investments prudently made;

�� (C) Return of investment and return on investment; and

�� (D) Any other method approved by the commission by rule or order.

�� (9) For purposes related to the emission reduction program established under this section, the commission may consider the amount of reduced emissions created by a project or the value of reduced emissions created by a project.

�� (10) The commission shall establish a rate cap for each public utility for which a project is authorized under this section. The rate cap must limit the cost of all of the public utility�s projects authorized under this section to an amount that does not exceed a percentage of the public utility�s revenue requirement as identified by the commission by rule or order.

�� (11) The commission shall biennially conduct a study on whether federal law or regulation or other state laws or rules provide adequate incentives for public utilities that furnish natural gas to invest in projects that reduce emissions in the ordinary course of business. The commission shall report the results of a study conducted under this subsection, and may make recommendations for legislation, to the Legislative Assembly in the manner described in ORS 192.245 not later than February 1 of each odd-numbered year. [2013 c.607 �2; 2015 c.24 �1]

�� 757.540 [Amended by 1971 c.655 �53; renumbered 756.568]

�� 757.541 [1987 c.599 �1; repealed by 1995 c.691 �8]

OREGON UTILITY NOTIFICATION CENTER

�� 757.542 Definitions for ORS 757.542 to 757.562. As used in ORS 757.542 to 757.562 and 757.993:

�� (1) �Business day� means any 24-hour day other than a Saturday, Sunday or federal or state legal holiday.

�� (2) �Damage� means harm to or destruction of underground facilities including, but not limited to, the weakening of structural, lateral or subjacent support; the penetration, impairment or destruction of any coating, housing or other protective device; and the denting of, penetration into or severance of underground facilities.

�� (3) �Excavation� means any operation in which earth, rock or other material on or below the ground is moved or otherwise displaced by any means, except sidewalk, road and ditch maintenance less than 12 inches in depth that does not lower the road grade or original ditch flow line. �Excavation� does not include the tilling of soil for agricultural purposes conducted on private property that is not within the boundaries of a recorded right of way or easement for underground facilities.

�� (4) �Excavator� means any person who engages in excavation.

�� (5) �Operator� means any person, public utility, municipal corporation, political subdivision of the state or other person with control over underground facilities.

�� (6) �Underground facilities� means items partially or entirely below the surface of the ground for use in connection with the storage or conveyance of electrical energy, water, sewage, petroleum products, gas, gaseous vapors or hazardous liquids, or the transmission of electronic, telephonic, telegraphic or cable communications. Such items include, but are not limited to, pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments and those parts of poles or anchors that are underground.

�� (7) �Unlocatable underground facilities� means underground facilities that cannot be marked with reasonable accuracy, including nonconductive sewers and nonmetallic underground facilities that have no trace wires. [1995 c.691 �1]

�� Note: 757.542 to 757.562 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 757 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 757.545 [Repealed by 1971 c.655 �250]

�� 757.546 [1987 c.599 �2; repealed by 1995 c.691 �8]

�� 757.547 Oregon Utility Notification Center; board; member qualifications; terms; meetings; rules. (1)(a) The Oregon Utility Notification Center is created as an independent not-for-profit public corporation. The corporation shall be governed by a board of directors consisting of one member appointed to represent each of the following:

�� (A) Cities with a population of 25,000 or more;

�� (B) Cities with a population under 25,000;

�� (C) Counties;

�� (D) Natural gas utilities regulated by the Public Utility Commission under ORS chapter 757;

�� (E) Electric utilities regulated by the Public Utility Commission under ORS chapter 757;

�� (F) Water districts, special districts, sanitary districts or water and sanitary authorities;

�� (G) Telecommunications utilities serving fewer than 50,000 access lines and regulated by the Public Utility Commission under ORS chapter 759;

�� (H) Telecommunications utilities serving 50,000 access lines or more and regulated by the Public Utility Commission under ORS chapter 759;

�� (I) Telecommunications cooperatives;

�� (J) Electric cooperatives;

�� (K) People�s utility districts;

�� (L) Contractors;

�� (M) Excavators;

�� (N) Railroads;

�� (O) Cable system operators; and

�� (P) Municipal electric utilities.

�� (b) To facilitate appointment of members of the first board of directors, the Public Utility Commission shall, by order, select organizations that are most representative of each of the groups set forth in paragraph (a) of this subsection. Each organization so selected may nominate a member for the board and may, within the time allowed by the commission�s order, submit the name of the nominee to the Governor, who shall consider the nominee before making any other appointment to the board.

�� (c) After appointment of the first board of directors, to facilitate appointment of new members to the board, the board shall, by rule, select organizations that are most representative of each of the groups set forth in paragraph (a) of this subsection. Each organization so selected may nominate a member for the board and may, within the time allowed by rule, submit the name of the nominee to the Governor, who shall consider the nominee before making any other appointment to the board.

�� (d) If the board of directors determines that a group not listed in paragraph (a) of this subsection should be represented on the board, the board may select an organization that is most representative of the group and may ask that organization to nominate a member. Upon receipt of the nomination, the board may request that the Governor appoint the nominee.

�� (e) The Governor shall also appoint to the board of directors one employee of the commission and one employee of the Department of Transportation.

�� (2) The term of office of a member is four years. A member is eligible for reappointment. Before the expiration of the term of a member, the board of directors shall solicit a nomination as provided in subsection (1) of this section and the Governor shall appoint a successor. If there is a vacancy for any cause, the board shall solicit a nomination as provided in subsection (1) of this section and the Governor shall make an appointment to become immediately effective for the unexpired term. A member may continue to serve until a successor is appointed. Nothing in this subsection or subsection (1) of this section shall restrict the authority of the Governor to appoint a person other than one of the persons nominated according to this subsection or subsection (1) of this section.

�� (3) The board of directors shall select one of its members as chairperson and another as vice chairperson, for such terms and with such duties and powers as the board considers necessary for the performance of the functions of those offices. A minimum of seven of the members of the board constitutes a quorum for the transaction of business.

�� (4) The board of directors shall meet at least once every three months at a time and place determined by the board. The board shall meet at such other times and places specified by the call of the chairperson or of a majority of the members of the board. [1995 c.691 �2; 1999 c.451 �2]

�� Note: See note under 757.542.

�� 757.550 [Repealed by 1971 c.655 �250]

�� 757.551 [1987 c.599 �3; repealed by 1995 c.691 �8]

�� 757.552 Duties of center; fees for services; rules; exemption from certain financial administration laws. (1) It is the function of the board of directors to operate the Oregon Utility Notification Center, through which a person shall notify operators of underground facilities of proposed excavations and request that the underground facilities be marked.

�� (2) The board of directors shall:

�� (a) Utilize a competitive process to contract with any qualified person to provide the notification required under subsection (1) of this section.

�� (b) Subject to subsection (3) of this section, establish rates, on a per call basis, under which subscribers shall pay to fund all of the activities of the Oregon Utility Notification Center.

�� (c) Adopt rules according to ORS chapter 183 that regulate the notification and marking of underground facilities to prevent damage to underground facilities. The rules, insofar as is practicable, shall be consistent with the Oregon Utilities Coordinating Council Standards Manual of March 31, 1995.

�� (3) The Oregon Utility Notification Center shall have all of the powers of a state agency. Except as provided in subsection (2) of this section, the provisions of ORS

ORS 759.195

759.195 and 759.410 and ORS 759.052, 759.054 or 759.056, whenever any telecommunications utility files with the Public Utility Commission any rate or schedule of rates stating or establishing a new rate or schedule of rates or increasing an existing rate or schedule of rates, the commission may, either upon written complaint or upon the commission�s own initiative, after reasonable notice, conduct a hearing to determine the propriety and reasonableness of the rate or schedule. The commission shall conduct the hearing upon written complaint filed by the telecommunications utility, its customer or customers, or any other proper party within 60 days of the telecommunications utility�s filing. A hearing need not be held if the particular rate change is the result of an automatic adjustment clause. At the hearing the telecommunications utility shall bear the burden of showing that the rate or schedule of rates proposed to be established or increased or changed is just and reasonable.

�� (b) As used in this subsection, �automatic adjustment clause� means a provision of a rate schedule, authorized pursuant to ORS 759.195 (6), that provides for rate increases, decreases or both, without prior hearing, reflecting increases, decreases or both in costs incurred by a telecommunications utility and that is subject to review by the commission at least once every two years.

�� (2) The commission and staff may consult at any time with, and provide technical assistance to, telecommunications utilities, their customers, and other interested parties on matters relevant to utility rates and charges. If a hearing is held with respect to a rate change, the decisions of the commission shall be based on the record made at the hearing. [1987 c.447 �13; 1989 c.5 �16; 2005 c.232 �16]

�� 759.182 Rate schedules for service promotions; rules. (1) A telecommunications utility may file rate schedules for service promotions that are offered by the utility for the purpose of:

�� (a) Increasing the use of the utility�s services by present or future customers;

�� (b) Preventing a decrease in the use of the utility�s services by present or future customers; or

�� (c) Inducing any person to use the utility�s services instead of a competing provider�s services.

�� (2) The rates charged under a service promotion by a telecommunications utility must be adequate to ensure that:

�� (a) The utility will recover an amount equal to the sum of the total service long run incremental cost of providing the nonessential functions of the service and the price that is charged to other telecommunications carriers for the essential functions; and

�� (b) The utility will recover the amount under paragraph (a) of this subsection during the average time that customers use the service.

�� (3) Notwithstanding ORS 759.190, service promotion rate schedules become effective upon filing with the Public Utility Commission.

�� (4) The commission shall adopt rules governing service promotion rate schedules filed under this section. [2001 c.309 �2]

�� Note: 759.182 was added to and made a part of 759.180 to 759.190 by legislative action but was not added to any other series. See Preface to Oregon Revised Statutes for further explanation.

�� 759.185 Suspension of rates pending hearing; time limitation; refund of revenue collected; interim rates. (1) The Public Utility Commission may, pending such investigation and determination, order the suspension of the rate or schedule of rates, provided the initial period of suspension shall not extend more than six months beyond the time when such rate or schedule would otherwise go into effect. If the commission finds that the investigation will not be completed at the expiration of the initial suspension, the commission may enter an order further suspending such rate or schedule for not more than three months beyond the last day of the initial suspension.

�� (2) This section does not prevent the commission and the telecommunications utility from entering into a written stipulation at any time extending any period of suspension.

�� (3) After full hearing, whether completed before or after such rate or schedule has gone into effect, the commission may make such order in reference thereto as would be proper in a proceeding initiated after such rate or schedule has become effective.

�� (4) If the commission is required to or determines to conduct a hearing on a rate or schedule of rates filed pursuant to ORS 759.180, but does not order a suspension thereof, any increased revenue collected by the telecommunications utility as a result of such rate or rate schedule becoming effective shall be received subject to being refunded. If the rate or rate schedule thereafter approved by the commission is for a lesser increase or for no increase, the telecommunications utility shall refund the amount of revenues received that exceeds the amount approved as nearly as possible to the customers from whom such excess revenues were collected, by a credit against future bills or otherwise, in such manner as the commission orders.

�� (5) The commission may, in a suspension order, authorize an interim rate or rate schedule under which the telecommunications utility�s revenues will be increased by an amount deemed reasonable by the commission, not exceeding the amount requested by the telecommunications utility. An interim rate or rate schedule shall remain in effect until terminated by the commission. [1987 c.447 �14]

�� 759.190 Notice of schedule change. No change shall be made in any schedule, including schedules of joint rates, except upon 30 days� notice to the Public Utility Commission. All changes shall be plainly indicated upon existing schedules, or by filing new schedules in lieu thereof 30 days prior to the time they are to take effect. However, the commission, for good cause shown, may allow changes without requiring the 30 days� notice by filing an order specifying the changes to be made and the time when they shall take effect. [1987 c.447 �15]

�� 759.195 Price listing of services; conditions; maximum rates; essential services; justification by utility of rates for price-listed services; rules. (1) Except as provided in subsection (6) of this section, upon petition of a telecommunications utility that provides local exchange service directly, or is affiliated with a utility that provides local exchange service, and after notice and hearing, the Public Utility Commission may authorize the utility to set rates for toll and other telecommunications services by filing a price list containing the price and terms for the service. The price list or any revision of the price list is not subject to the provisions of ORS 759.180 to 759.190 and shall become effective as determined by the commission. The commission may prescribe conditions on an authorization to establish rates by price list, including conditions relating to the sharing of revenues received by the utility that are in excess of allowances provided for in the order of authorization.

�� (2) Telecommunications utilities that provide telecommunications services only between exchanges and are not affiliated with a utility that provides local exchange service may establish rates by price list without special authorization from the commission.

�� (3) Prior to granting a petition to set rates by price list under this section, the commission shall find that pricing flexibility:

�� (a) Is reasonably necessary to enable the utility to respond to current and future competitive conditions for any or all telecommunications services;

�� (b) Will maintain the appropriate balance between the need for price flexibility and the protection of consumers;

�� (c) Is likely to benefit the consumers of fixed rate services; and

�� (d) Is unlikely to cause any undue harm to any customer class.

�� (4) A rate set for a service by a utility may not be lower than the long run incremental cost of providing the service.

�� (5) Upon its own motion the commission may fix maximum rate levels and terms of service for price listed services and for toll services on noncompetitive routes. Upon request of any affected person, the commission shall fix maximum rate levels and terms of service for price listed services not subject to competition and for toll services on noncompetitive routes.

�� (6) By rule, the commission shall designate local exchange services that it deems essential, and rates for such services shall be prescribed under ORS 759.180 to 759.190. The commission also may authorize automatic adjustment clauses which reflect increases, decreases, or both, in particular costs incurred by the utility. For the purposes of this subsection, �essential services� need not be essential for all classes of customers.

�� (7) The commission may, at any time, order a telecommunications utility to appear and establish that any of its price listed rates are just and reasonable and in conformity with the requirements of this section and the authorization to price list issued by the commission. Price listed rates shall also be subject to complaint under ORS 756.500. [Formerly 757.850; 2005 c.232 �13a]

�� 759.200 Inclusion of amortizations in rates; deferral of certain expenses or revenues; limitation on amounts; prohibited uses. (1) In addition to powers otherwise vested in the Public Utility Commission, and subject to the limitations contained in subsection (5) of this section, under amortization schedules set by the commission, a rate or rate schedule may reflect the following:

�� (a) Amounts lawfully imposed retroactively by order of another governmental agency; or

�� (b) Amounts deferred under subsection (2) of this section.

�� (2) Upon application of a telecommunications utility or ratepayer or upon the commission�s own motion and after public notice and opportunity for comment, the commission by order may authorize deferral, for later incorporation in rates, telecommunications utility expenses or revenues, the recovery or refund of which the commission finds should be deferred in order to minimize the frequency of rate changes or the fluctuation of rate levels or to match appropriately the costs borne by and benefits received by ratepayers. The authority under this subsection is limited to the following accounts:

�� (a) Increases or decreases in amounts incurred by a telecommunications utility resulting from changes in jurisdictional separations approved by the Federal Communications Commission;

�� (b) Increases or decreases in amounts incurred by a telecommunications utility resulting from changes in depreciation rates or amortization schedules approved by the commission;

�� (c) Increases or decreases in amounts incurred by a telecommunications utility resulting from changes in income, excise, franchise or ad valorem taxes by the federal, state or local governments;

�� (d) Increases or decreases in amounts incurred by a telecommunications utility resulting from restoration of telecommunications services interrupted by floods, fires, earthquakes, storms or other acts of nature;

�� (e) Increases or decreases in amounts incurred by a telecommunications utility for research, development, planning and advance advertising for products and services not yet in service;

�� (f) Increases or decreases in amounts incurred by a telecommunications utility for telephone plant transfers and property sales approved by the commission;

�� (g) Increases or decreases in amounts incurred by a telecommunications utility from affiliated interest contracts and transactions approved by the commission;

�� (h) Increases or decreases in amounts incurred by a telecommunications utility from attorney�s fees, court settlements and court awards;

�� (i) Increases or decreases in amounts incurred by a telecommunications utility resulting from changes in accounting methods approved by the commission; and

�� (j) Increases or decreases in amounts incurred by a telecommunications utility from customer service contracts, intercompany service contracts and joint and through service arrangements.

�� (3) The commission may authorize deferrals under subsection (2) of this section beginning with the date of application, together with interest established by the commission. A deferral may be authorized for a period not to exceed 12 months beginning on or after the date of application.

�� (4) Unless subject to an automatic adjustment clause under ORS 759.180, amounts described in this section shall be allowed in rates only to the extent authorized by the commission in a proceeding to change rates and upon review of the utility�s earnings at the time of application to amortize the deferral.

�� (5) In any one year, the overall average rate impact of the amortizations authorized under this section shall not exceed three percent of the telecommunications utility�s gross revenues for the preceding calendar year.

�� (6) The provisions of this section may be used as a means of deferring the effect of readily identifiable and readily measurable changes in particular costs or revenues of a telecommunications utility, but shall not be used to implement a claim for an increase or decrease in the overall revenue requirement of a telecommunications utility when the amount of the change or changes would not be known until the completion of a rate case. [1989 c.929 �2]

�� 759.205 Conformance of rates charged with schedule. No telecommunications utility shall charge, demand, collect or receive a greater or less compensation for any service performed by it within the state, or for any service in connection therewith, than is specified in printed rate schedules as may at the time be in force, or demand, collect or receive any rate not specified in such schedule. The rates named therein are the lawful rates until they are changed as provided in this chapter. [1987 c.447 �16]

�� 759.210 Classification of service and rates; considerations; rules. (1) The Public Utility Commission shall provide for a comprehensive classification of service for each telecommunications utility. The classification may take into account the quantity used, the time when used, the purpose for which used, the existence of price competition or a service alternative, the services being provided, the conditions of service and any other reasonable consideration. Based on these considerations the commission may authorize classifications or schedules of rates applicable to individual customers or groups of customers. Each telecommunications utility is required to conform its schedules of rates to such classification. If the commission determines that a tariff filing under ORS 759.175 results in a rate classification primarily related to price competition or a service alternative, the commission, at a minimum, shall consider the following:

�� (a) Whether the rate generates revenues at least sufficient to cover relevant short and long run costs of the utility during the term of the rates; and

�� (b) Whether the rate generates revenues sufficient to insure that just and reasonable rates are established for remaining customers of the telecommunications utility.

�� (2) The commission may prescribe any changes in the form in which the schedules are issued by any telecommunications utility as the commission finds to be expedient. The commission shall adopt rules that allow any person who requests notice of tariff filings described under subsection (1) of this section to receive such notice. [1987 c.447 �17; 1989 c.5 �17; 2005 c.232 �18]

�� 759.215 Public access to schedules. (1) A copy of so much of all schedules, including schedules of joint rates and charges, as the Public Utility Commission deems necessary for the use of the public, shall be made available to the public.

�� (2) Except as provided in ORS 759.410 (8), copies of all new schedules shall be made readily accessible to the public as required by the commission 30 days prior to the time the schedules are to take effect, unless the commission prescribes a shorter time. [1987 c.447 �18; 2005 c.232 �19]

�� 759.217 [2001 c.957 �17; repealed by 2011 c.83 �26]

�� 759.218 Revenues and expenses of unregulated activities. (1) A telecommunications utility may not use revenues earned from, or allocate expenses to, that portion of the utility�s business that is regulated under this chapter in order to subsidize activities that are not regulated by this chapter.

�� (2) The Public Utility Commission may not require revenues or expenses from an activity that is not regulated under this chapter to be attributed to the regulated activities of a telecommunications utility.

�� (3) The commission may approve a telecommunications utility rate proposal for basic local service rates that utilizes revenues from other regulated services to partially cover the costs of providing basic local service. [2005 c.232 �4]

�� 759.219 Certain taxes as operating expense; charge pro rata to users; condition. The privilege tax authorized by ORS 221.515, or other similar exactions imposed by any municipality in this state upon telecommunications utilities for use and occupancy of streets, alleys or highways, or all of them, shall be allowed as an operating expense of the affected telecommunications utilities operating in the municipality for rate-making purposes by the Public Utility Commission. The cost of such privilege tax or other similar exactions shall be charged pro rata to the users of such telecommunications utility within the municipality unless the Public Utility Commission determines on a statewide basis that such pro rata charges would be inequitable, in whole or in part, to city ratepayers or should otherwise be borne as a statewide operating expense by the telecommunications utility. [Formerly 759.105]

�� 759.220 Joint rates and classifications; procedure; considerations. (1) A telecommunications utility may establish reasonable through service and joint rates and classifications with other telecommunications utilities. Telecommunications utilities establishing joint rates shall establish just and reasonable regulations and practices in connection therewith and just, reasonable and equitable divisions thereof, as between the public utilities participating therein which shall not unduly prefer or prejudice any of the participating telecommunications utilities and every unjust and unreasonable rate, classification, regulation, practice and division is prohibited.

�� (2) The Public Utility Commission may, and shall, whenever deemed by the commission to be necessary or desirable in the public interest, after full hearing upon complaint, or upon the commission�s own initiative without complaint, establish through service, classifications and joint rates, the divisions of such rates and the terms and conditions under which such through service shall be rendered. If any tariff or schedule canceling any through service or joint rate or classification without the consent of all the telecommunications utilities party thereto, or authorization by the commission is suspended by the commission for investigation, the burden of proof is upon the telecommunications utility proposing such cancellation to show that it is consistent with the public interest.

�� (3) Whenever, after full hearing upon complaint or upon the commission�s own initiative without complaint, the commission is of the opinion that the divisions of joint rates between the telecommunications utilities are or will be unjust, unreasonable, inequitable or unduly preferential or prejudicial as between the telecommunications utilities party thereto, whether agreed upon by such telecommunications utilities or otherwise established, the commission shall, by order, prescribe the just, reasonable and equitable divisions thereof to be received by the several telecommunications utilities. In cases where the joint rate was established pursuant to the finding or order of the commission and the divisions thereto are found by the commission to have been unjust, unreasonable or inequitable, or unduly preferential or prejudicial, the commission may also by order determine what, for the period subsequent to the filing of the complaint or petition or the making of the order of investigation, would have been the just, reasonable and equitable division thereof to be received by the several telecommunications utilities and require adjustment to be made in accordance therewith.

�� (4) In so prescribing and determining the divisions of joint rates, the commission shall give due consideration, among other things, to:

�� (a) The efficiency with which the telecommunications utilities concerned are operated;

�� (b) The amount of revenue to pay their respective operating expenses, taxes and a fair return on their telecommunications utility property held for and used in service;

�� (c) The importance to the public of the services of such telecommunications utilities;

�� (d) Whether any particular participating telecommunications utility is an originating, intermediate or delivering utility; and

�� (e) Any other fact or circumstance which ordinarily would entitle one telecommunications utility to a greater or less proportion of the joint rate than another. [1987 c.447 �19]

�� 759.225 Application of ORS 759.220 to unincorporated associations and cooperative corporations. Notwithstanding any other provision of law, ORS 759.220 applies to any unincorporated association or cooperative corporation providing intrastate telecommunications service. The application of ORS 759.220 to unincorporated associations and cooperative corporations:

�� (1) Does not allow the Public Utility Commission to establish terms, conditions, classifications or rates for services rendered to members of unincorporated associations or cooperative corporations;

�� (2) Does not make unincorporated associations or cooperative corporations subject to the commission�s general powers of regulation;

�� (3) Allows the commission to regulate access charges imposed by unincorporated associations and cooperative corporations; and

�� (4) Requires unincorporated associations and cooperative corporations to provide information to the commission that the commission deems necessary to establish new extended service areas. [Formerly 757.860; 2001 c.853 �1]

�� 759.230 Measured service rate for business customers; restriction. (1) Notwithstanding any other provision of this chapter, the Public Utility Commission shall not authorize a telecommunications utility to implement a rate schedule that includes optional measured service for business customers unless the rate for the service is sufficient to defray all costs that must be incurred to implement the service, including the costs of measuring and billing.

�� (2) As used in this section:

�� (a) �Local exchange telephone service� means telephone service provided within the boundaries of exchange maps filed with and approved by the commission.

�� (b) �Measured service� means local exchange telephone service, the rate for which is based upon the number of calls, length of calls, distance or time of day. [Formerly

ORS 767.210

767.210; 1997 c.631 �559; 2011 c.73 �3]

�� 825.168 Self-insurance. (1) Any for-hire carrier, engaged in interstate or interstate and intrastate operations within the State of Oregon, which is or becomes qualified as a self-insurer with the United States Department of Transportation in accordance with laws of the United States applicable to self-insurance by motor carriers, is exempt, so long as such qualification remains effective, from the provisions of ORS 825.160 to 825.166.

�� (2) The Department of Transportation may require proof of the existence and continuation of exempt status to be made by affidavit of the carrier in a form and at the times as the department may prescribe. [Formerly 767.215; 2007 c.465 �10]

�� 825.170 Prohibited indemnification provisions in motor carrier transportation contracts; exceptions. (1) Except as provided under subsections (2) and (3) of this section, any provision in a motor carrier transportation contract that requires either party or either party�s surety or insurer to indemnify or hold harmless the other party against liability for death, personal injury or property damage caused in whole or in part by the negligence or intentional acts or omissions of the other party is void.

�� (2) This section does not affect any provision in a motor carrier transportation contract that requires either party or either party�s surety or insurer to indemnify another person against liability for death, personal injury or property damage that arises out of the fault of the indemnitor, or the fault of the indemnitor�s agents, representatives or subcontractors.

�� (3) This section does not apply to any Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or any other agreement providing for the interchange, use or possession of intermodal chassis, intermodal containers or other intermodal equipment.

�� (4) As used in this section, �motor carrier transportation contract� means any written agreement for:

�� (a) The transportation of personal property for compensation or hire;

�� (b) Entry upon real property for the purpose of packing, loading, unloading or transporting personal property for compensation or hire; or

�� (c) A service incidental to an activity described in paragraph (a) or (b) of this subsection including, but not limited to, storage of personal property for compensation or hire. [2011 c.159 �2]

(Fees)

�� 825.180 Application fee; transfer fee; refunds. (1) In addition to the other fees prescribed in this chapter:

�� (a) A person applying for a certificate under ORS 825.110 shall pay an application fee of $300.

�� (b) A person applying for a permit under ORS 825.127 shall pay a fee of $50.

�� (c) A person applying for a permit under ORS 825.102 shall pay an application fee of $300.

�� (d) A person applying for a change in a permit shall pay a fee of $50.

�� (e) A person applying for transfer of a certificate shall pay a fee of $300.

�� (f) A person making an application under any provision of this chapter not specified in this subsection shall pay a fee of $150 if the matter is set for a hearing.

�� (2) The Department of Transportation may refund the fees collected under this section if the applicant parties or their duly authorized representatives make written request for a refund, if:

�� (a) Request for withdrawal of the application was received by the department no later than five days before the hearing date, or if no hearing is required, such request must have been received prior to issuance of authority; and

�� (b) The department finds that:

�� (A) The applicant is not eligible to file the application;

�� (B) Certificate authority is not needed for the service intended;

�� (C) The applicant�s death or serious illness precludes conducting the operations for which application was made; or

�� (D) The transferor withdraws consent for the transfer of the certificate. [Formerly

ORS 768.005

768.005]

�� 826.008 Certain records not public. (1) The following are not public records unless the public interest requires disclosure in the particular instance:

�� (a) Mileage information required to be filed with the Department of Transportation under agreements authorized by ORS 826.007.

�� (b) Information collected by the department from a motor carrier for the purpose of conducting an audit under an agreement authorized by ORS 826.007.

�� (2) A motor carrier to whom the information pertains, or a person who has written permission from the carrier, may inspect information described in subsection (1) of this section.

�� (3) The department, upon request or as required by law, shall disclose information from the records described in subsection (1) of this section to a government agency for use in carrying out its governmental functions. [1997 c.501 �4]

�� 826.009 Proportional registration of commercial vehicles. Proportional registration allows commercial vehicles to comply with registration requirements of more than one jurisdiction and to have registration fees, taxes or other fixed fees apportioned among the jurisdictions in which the vehicles are being operated. A vehicle may be registered under proportional registration if the vehicle qualifies for proportional registration under an agreement entered into under ORS 826.007. If a vehicle is going to be proportionally registered as part of a fleet, ORS 826.011 must be complied with in addition to this section. A vehicle is registered in this state if the vehicle is proportionally registered under this section. The following apply to proportional registration:

�� (1) The terms of an agreement established under ORS 826.007 control all of the provisions of proportional registration, including but not limited to the following, except as otherwise provided by this section:

�� (a) Qualification.

�� (b) Apportionment of fees, taxes and other fixed fees.

�� (c) Application and information required.

�� (d) Requirements for type, manner of display, number or any other provision relating to registration plates, registration cards and other proof of registration.

�� (e) Any other provision relating to the registration of proportionally registered vehicles.

�� (2) When initially registered, the registration fees for vehicles registered under this section may be reduced according to the schedule provided under ORS 826.021.

�� (3) The registration period for proportionally registered vehicles is a period of four consecutive quarters. The period begins on the first day of any calendar quarter and ends on the last day of the fourth consecutive quarter. All vehicles within a proportionally registered fleet shall be registered for the same registration period. Each carrier may select the calendar quarter in which the registration will begin except that, if necessary for administrative convenience, the Department of Transportation may require a carrier to adopt a registration year chosen by the department.

�� (4) The department may issue appropriate registration cards, stickers, permits, tabs, plates or other suitable identification devices the department considers convenient for proportionally registered vehicles. The fees for such stickers, permits, tabs or plates are as provided under ORS 826.023.

�� (5) Any applicant whose application for proportional registration under this section has been accepted by the department shall preserve the records on which the application is based for a period of four years following the year or the period upon which said application is based. Upon request of the department, the applicant shall make such records available to the department at its office for audit as to accuracy of mileage, number of vehicles, weights, computations and payment of fees or shall pay the reasonable costs of an audit at the home office of the applicant by a duly appointed representative of the department. An applicant shall comply with any audit provisions under the agreement allowing the registration.

�� (6) If a provision concerning the registration of vehicles is not provided under the agreement or under this section, provisions of the vehicle code applicable to registration shall be applicable to proportionally registered vehicles.

�� (7) If a vehicle qualifies for proportional registration, the department may issue temporary proportional registration permits under ORS 826.029 to allow operation of the vehicles pending issuance of evidence of proportional registration.

�� (8) The department may allow a carrier to operate on expired registration plates and registration for up to one extra quarter if the renewal application has been submitted and the required fees for registration have been paid on or before the last day of the registration period for the vehicles. The extension of time allowed by this subsection shall be granted only if the department determines that the extension is necessary for the administrative convenience of the department.

�� (9) Vehicles registered and identified under this section shall be deemed to be fully registered in this state for any type of movement or operation, except that in these instances in which a grant of authority is required for intrastate movement or operation, no such vehicle shall be operated in intrastate commerce in this state unless the owner thereof has been granted intrastate authority or right by the department and unless said vehicle is being operated in conformity with such authority and rights.

�� (10) Registration cards may be issued for proportionally registered vehicles. Registration cards issued for proportionally registered vehicles shall be carried on the vehicle at all times or, in the case of a combination of vehicles, the registration card for a trailer may be carried in the vehicle supplying the motive power.

�� (11) In accordance with provisions of the agreement establishing proportional registration, the department may suspend or cancel the exemptions, benefits or privileges granted thereunder to a person who violates any of the conditions or terms of such agreements or arrangements or who violates the laws of this state relating to vehicles or regulations lawfully promulgated thereunder.

�� (12) A vehicle may be registered under this section prior to issuance of a certificate of title for the vehicle. [Formerly 768.007]

�� 826.010 Quarterly payment of registration fees for vehicles registered under ORS

ORS 78.1010

78.1010 to 78.1160, this chapter or ORS chapter 79A, that jurisdiction is the securities intermediary�s jurisdiction.

�� (b) If paragraph (a) of this subsection does not apply and an agreement between the securities intermediary and its entitlement holder governing the securities account expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction is the securities intermediary�s jurisdiction.

�� (c) If neither paragraph (a) nor (b) of this subsection applies and an agreement between the securities intermediary and its entitlement holder governing the securities account expressly provides that the securities account is maintained at an office in a particular jurisdiction, that jurisdiction is the securities intermediary�s jurisdiction.

�� (d) If paragraphs (a) to (c) of this subsection do not apply, the securities intermediary�s jurisdiction is the jurisdiction in which the office identified in an account statement as the office serving the entitlement holder�s account is located.

�� (e) If paragraphs (a) to (d) of this subsection do not apply, the securities intermediary�s jurisdiction is the jurisdiction in which the chief executive office of the securities intermediary is located.

�� (6) A securities intermediary�s jurisdiction is not determined by the physical location of certificates representing financial assets, by the jurisdiction in which is organized the issuer of the financial asset for which an entitlement holder has a security entitlement or by the location of facilities for data processing or other record keeping concerning the account.

�� (7) The local law of the issuer�s jurisdiction or the securities intermediary�s jurisdiction governs a matter or transaction specified in subsection (1) or (2) of this section even if the matter or transaction does not bear any relation to the jurisdiction. [1995 c.328 �10; 2001 c.445 �153; 2025 c.33 �42]

�� 78.1110 Clearing corporation rules. A rule adopted by a clearing corporation governing rights and obligations of the clearing corporation and its participants in the clearing corporation is effective even if the rule conflicts with chapter 328, Oregon Laws 1995, and affects another party who does not consent to the rule. [1995 c.328 �11]

�� Note: Legislative Counsel has substituted �chapter 328, Oregon Laws 1995,� for the words �this 1995 Act� in section 11, chapter 328, Oregon Laws 1995, compiled as 78.1110. Specific ORS references have not been substituted pursuant to 173.160. These sections may be determined by referring to the 1995 Comparative Section Table located in Volume 22 of ORS.

�� 78.1120 Creditor�s legal process. (1) The interest of a debtor in a certificated security may be reached by a creditor only by actual seizure of the security certificate by the officer making the attachment or levy, except as otherwise provided in subsection (4) of this section. However, a certificated security for which the certificate has been surrendered to the issuer may be reached by a creditor by legal process upon the issuer.

�� (2) The interest of a debtor in an uncertificated security may be reached by a creditor only by legal process upon the issuer at the issuer�s chief executive office in the United States, except as otherwise provided in subsection (4) of this section.

�� (3) The interest of a debtor in a security entitlement may be reached by a creditor only by legal process upon the securities intermediary with whom the debtor�s securities account is maintained, except as otherwise provided in subsection (4) of this section.

�� (4) The interest of a debtor in a certificated security for which the certificate is in the possession of a secured party, in an uncertificated security registered in the name of a secured party or in a security entitlement maintained in the name of a secured party may be reached by a creditor by legal process upon the secured party.

�� (5) A creditor whose debtor is the owner of a certificated security, uncertificated security or security entitlement is entitled to aid from a court of competent jurisdiction, by injunction or otherwise, in reaching the certificated security, uncertificated security or security entitlement or in satisfying the claim by means allowed at law or in equity in regard to property that cannot readily be reached by other legal process. [1995 c.328 �12]

�� 78.1130 Statute of frauds inapplicable. A contract or modification of a contract for the sale or purchase of a security is enforceable whether or not there is a writing signed or record authenticated by a party against whom enforcement is sought, even if the contract or modification is not capable of performance within one year of its making. [1995 c.328 �13]

�� 78.1140 Evidentiary rules concerning certificated securities. The following rules apply in an action on a certificated security against the issuer:

�� (1) Unless specifically denied in the pleadings, each signature on a security certificate or in a necessary indorsement is admitted.

�� (2) If the effectiveness of a signature is put in issue, the burden of establishing effectiveness is on the party claiming under the signature, but the signature is presumed to be genuine or authorized.

�� (3) If signatures on a security certificate are admitted or established, production of the certificate entitles a holder to recover on it unless the defendant establishes a defense or a defect going to the validity of the security.

�� (4) If it is shown that a defense or defect exists, the plaintiff has the burden of establishing that the plaintiff or some person under whom the plaintiff claims is a person against whom the defense or defect cannot be asserted. [1995 c.328 �14]

�� 78.1150 Securities intermediary and others not liable to adverse claimant. A securities intermediary that has transferred a financial asset pursuant to an effective entitlement order, or a broker or other agent or bailee that has dealt with a financial asset at the direction of its customer or principal, is not liable to a person having an adverse claim to the financial asset, unless the securities intermediary, or broker or other agent or bailee:

�� (1) Took the action after it had been served with an injunction, restraining order or other legal process enjoining it from doing so, issued by a court of competent jurisdiction, and had a reasonable opportunity to act on the injunction, restraining order or other legal process;

�� (2) Acted in collusion with the wrongdoer in violating the rights of the adverse claimant; or

�� (3) In the case of a security certificate that has been stolen, acted with notice of the adverse claim. [1995 c.328 �15]

�� 78.1160 Securities intermediary as purchaser for value. A securities intermediary that receives a financial asset and establishes a security entitlement to the financial asset in favor of an entitlement holder is a purchaser for value of the financial asset. A securities intermediary that acquires a security entitlement to a financial asset from another securities intermediary acquires the security entitlement for value if the securities intermediary acquiring the security entitlement establishes a security entitlement to the financial asset in favor of an entitlement holder. [1995 c.328 �16]

ISSUE; ISSUER

�� 78.2010 �Issuer.� (1) With respect to an obligation on or a defense to a security, an �issuer� includes a person that:

�� (a) Places or authorizes the placing of its name on a security certificate, other than as authenticating trustee, registrar, transfer agent or the like, to evidence a share, participation or other interest in its property or in an enterprise, or to evidence its duty to perform an obligation represented by the certificate;

�� (b) Creates a share, participation or other interest in its property or in an enterprise, or undertakes an obligation, that is an uncertificated security;

�� (c) Directly or indirectly creates a fractional interest in its rights or property, if the fractional interest is represented by a security certificate; or

�� (d) Becomes responsible for, or stands in place of, another person described as an issuer in this section.

�� (2) With respect to an obligation on or defense to a security, a guarantor is an issuer to the extent of its guaranty, whether or not its obligation is noted on a security certificate.

�� (3) With respect to a registration of a transfer, �issuer� means a person on whose behalf transfer books are maintained. [1961 c.726 �78.2010; 1985 c.676 �78.2010; 1995 c.328 �17]

�� 78.2020 Terms of security; issuer�s responsibility and defenses; notice of defect or defense. (1) Even against a purchaser for value and without notice, the terms of a certificated security include terms stated on the certificate and terms made part of the security by reference on the certificate to another instrument, indenture or document or to a constitution, statute, ordinance, rule, regulation, order or the like, to the extent that the terms referred to do not conflict with terms stated on the certificate. A reference under this subsection does not of itself charge a purchaser for value with notice of a defect going to the validity of the security, even if the certificate expressly states that a person accepting it admits notice. The terms of an uncertificated security include those stated in any instrument, indenture or document or in a constitution, statute, ordinance, rule, regulation, order or the like, pursuant to which the security is issued.

�� (2) The following rules apply if an issuer asserts that a security is not valid:

�� (a) A security other than one issued by a government or governmental subdivision, agency or instrumentality, even though issued with a defect going to its validity, is valid in the hands of a purchaser for value and without notice of the particular defect unless the defect involves a violation of a constitutional provision. In that case, the security is valid in the hands of a purchaser for value and without notice of the defect, other than one who takes by original issue.

�� (b) Paragraph (a) of this subsection applies to an issuer that is a government or governmental subdivision, agency or instrumentality only if there has been substantial compliance with the legal requirements governing the issue or the issuer has received a substantial consideration for the issue as a whole or for the particular security and a stated purpose of the issue is one for which the issuer has power to borrow money or issue the security.

�� (3) Except as otherwise provided in ORS 78.2050, lack of genuineness of a certificated security is a complete defense, even against a purchaser for value and without notice.

�� (4) All other defenses of the issuer of a security, including nondelivery and conditional delivery of a certificated security, are ineffective against a purchaser for value who has taken the certificated security without notice of the particular defense.

�� (5) This section does not affect the right of a party to cancel a contract for a security �when, as and if issued� or �when distributed� in the event of a material change in the character of the security that is the subject of the contract or in the plan or arrangement pursuant to which the security is to be issued or distributed.

�� (6) If a security is held by a securities intermediary against whom an entitlement holder has a security entitlement with respect to the security, the issuer may not assert any defense that the issuer could not assert if the entitlement holder held the security directly. [1961 c.726 �78.2020; 1985 c.676 �78.2020; 1995 c.328 �18]

�� 78.2030 Staleness as notice of defects or defenses. After an act or event, other than a call that has been revoked, creating a right to immediate performance of the principal obligation represented by a certificated security or setting a date on or after which the security is to be presented or surrendered for redemption or exchange, a purchaser is charged with notice of any defect in the security�s issue or defense of the issuer, if the act or event:

�� (1) Requires the payment of money, the delivery of a certificated security, the registration of transfer of an uncertificated security, or any of them on presentation or surrender of the security certificate, the money or security is available on the date set for payment or exchange and the purchaser takes the security more than one year after that date; or

�� (2) Is not covered by subsection (1) of this section and the purchaser takes the security more than two years after the date set for surrender or presentation or the date on which performance became due. [1961 c.726 �78.2030; 1995 c.328 �19]

�� 78.2040 Effect of issuer�s restriction on transfer. A restriction on transfer of a security imposed by the issuer, even if otherwise lawful, is ineffective against a person without knowledge of the restriction unless:

�� (1) The security is certificated and the restriction is noted conspicuously on the security certificate; or

�� (2) The security is uncertificated and the registered owner has been notified of the restriction. [1961 c.726 �78.2040; 1985 c.676 �78.2040; 1995 c.328 �20]

�� 78.2050 Effect of unauthorized signature on security certificate. An unauthorized signature placed on a security certificate before or in the course of issue is ineffective, but the signature is effective in favor of a purchaser for value of the certificated security if the purchaser is without notice of the lack of authority and the signing has been done by:

�� (1) An authenticating trustee, registrar, transfer agent or other person entrusted by the issuer with the signing of the security certificate or of similar security certificates, or the immediate preparation for signing of any of them; or

�� (2) An employee of the issuer, or of any of the persons listed in subsection (1) of this section, entrusted with responsible handling of the security certificate. [1961 c.726 �78.2050; 1985 c.676 �78.2050; 1995 c.328 �21]

�� 78.2060 Completion or alteration of security certificate. (1) If a security certificate contains the signatures necessary to its issue or transfer but is incomplete in any other respect:

�� (a) Any person may complete it by filling in the blanks as authorized; and

�� (b) Even if the blanks are incorrectly filled in, the security certificate as completed is enforceable by a purchaser who took it for value and without notice of the incorrectness.

�� (2) A complete security certificate that has been improperly altered, even if fraudulently, remains enforceable, but only according to its original terms. [1961 c.726 �78.2060; 1985 c.676 �78.2060; 1995 c.328 �22]

�� 78.2070 Rights of issuer with respect to registered owners. (1) Before due presentment for registration of transfer of a certificated security in registered form or of an instruction requesting registration of transfer of an uncertificated security, the issuer or indenture trustee may treat the registered owner as the person exclusively entitled to vote, receive notifications and otherwise exercise all the rights and powers of an owner.

�� (2) This chapter does not affect the liability of the registered owner of a security for a call, assessment, or the like. [1961 c.726 �78.2070; 1985 c.676 �78.2070; 1995 c.328 �23]

�� 78.2080 Effect of signature of authenticating trustee, registrar or transfer agent. (1) A person signing a security certificate as authenticating trustee, registrar, transfer agent or the like, warrants to a purchaser for value of the certificated security, if the purchaser is without notice of a particular defect, that:

�� (a) The certificate is genuine;

�� (b) The person�s own participation in the issue of the security is within the person�s capacity and within the scope of the authority received by the person from the issuer; and

�� (c) The person has reasonable grounds to believe that the certificated security is in the form and within the amount the issuer is authorized to issue.

�� (2) Unless otherwise agreed, a person signing under subsection (1) of this section does not assume responsibility for the validity of the security in other respects. [1961 c.726 �78.2080; 1985 c.676 �78.2080; 1995 c.328 �24]

�� 78.2090 Issuer�s lien. A lien in favor of an issuer upon a certificated security is valid against a purchaser only if the right of the issuer to the lien is noted conspicuously on the security certificate. [1995 c.328 �25]

�� 78.2100 Overissue. (1) In this section, �overissue� means the issue of securities in excess of the amount the issuer has corporate power to issue, but an overissue does not occur if appropriate action has cured the overissue.

�� (2) Except as otherwise provided in subsections (3) and (4) of this section, the provisions of this chapter that validate a security or compel its issue or reissue do not apply to the extent that validation, issue or reissue would result in overissue.

�� (3) If an identical security not constituting an overissue is reasonably available for purchase, a person entitled to issue or validation may compel the issuer to purchase the security and deliver it if certificated or register its transfer if uncertificated, against surrender of any security certificate the person holds.

�� (4) If a security is not reasonably available for purchase, a person entitled to issue or validation may recover from the issuer the price the person or the last purchaser for value paid for it with interest from the date of the person�s demand. [1995 c.328 �26]

TRANSFER OF CERTIFICATED AND UNCERTIFICATED SECURITIES

�� 78.3010 Delivery. (1) Delivery of a certificated security to a purchaser occurs when:

�� (a) The purchaser acquires possession of the security certificate;

�� (b) Another person, other than a securities intermediary, either acquires possession of the security certificate on behalf of the purchaser or, having previously acquired possession of the certificate, acknowledges that it holds for the purchaser; or

�� (c) A securities intermediary acting on behalf of the purchaser acquires possession of the security certificate, only if the certificate is in registered form and is (i) registered in the name of the purchaser, (ii) payable to the order of the purchaser, or (iii) specially indorsed to the purchaser by an effective indorsement and has not been indorsed to the securities intermediary or in blank.

�� (2) Delivery of an uncertificated security to a purchaser occurs when:

�� (a) The issuer registers the purchaser as the registered owner, upon original issue or registration of transfer; or

�� (b) Another person, other than a securities intermediary, either becomes the registered owner of the uncertificated security on behalf of the purchaser or, having previously become the registered owner, acknowledges that it holds for the purchaser. [1961 c.726 �78.3010; 1985 c.676 �78.3010; 1995 c.328 �27; 2001 c.445 �154]

�� 78.3020 Rights of purchaser. (1) Except as otherwise provided in subsections (2) and (3) of this section, a purchaser of a certificated or uncertificated security acquires all rights in the security that the transferor had or had power to transfer.

�� (2) A purchaser of a limited interest acquires rights only to the extent of the interest purchased.

�� (3) A purchaser of a certificated security who as a previous holder had notice of an adverse claim does not improve its position by taking from a protected purchaser. [1961 c.726 �78.3020; 1985 c.676 �78.3020; 1995 c.328 �28; 2001 c.445 �155]

�� 78.3030 �Protected purchaser.� (1) �Protected purchaser� means a purchaser of a certificated or uncertificated security, or of an interest therein, who:

�� (a) Gives value;

�� (b) Does not have notice of any adverse claim to the security; and

�� (c) Obtains control of the certificated or uncertificated security.

�� (2) A protected purchaser acquires its interest in the security free of any adverse claim. [1961 c.726 �78.3030; 1985 c.676 �78.3030; 1995 c.328 �29; 2025 c.33 �43]

�� 78.3040 Indorsement. (1) An indorsement may be in blank or special. An indorsement in blank includes an indorsement to bearer. A special indorsement specifies to whom a security is to be transferred or who has power to transfer it. A holder may convert a blank indorsement to a special indorsement.

�� (2) An indorsement purporting to be only of part of a security certificate representing units intended by the issuer to be separately transferable is effective to the extent of the indorsement.

�� (3) An indorsement, whether special or in blank, does not constitute a transfer until delivery of the certificate on which it appears or, if the indorsement is on a separate document, until delivery of both the document and the certificate.

�� (4) If a security certificate in registered form has been delivered to a purchaser without a necessary indorsement, the purchaser may become a protected purchaser only when the indorsement is supplied. However, against a transferor, a transfer is complete upon delivery and the purchaser has a specifically enforceable right to have any necessary indorsement supplied.

�� (5) An indorsement of a security certificate in bearer form may give notice of an adverse claim to the certificate, but it does not otherwise affect a right to registration that the holder possesses.

�� (6) Unless otherwise agreed, a person making an indorsement assumes only the obligations imposed by ORS 78.1080 and not an obligation that the security will be honored by the issuer. [1961 c.726 �78.3040; 1985 c.676 �78.3040; 1995 c.328 �30]

�� 78.3050 Instruction. (1) If an instruction has been originated by an appropriate person but is incomplete in any other respect, any person may complete it as authorized and the issuer may rely on it as completed, even though it has been completed incorrectly.

�� (2) Unless otherwise agreed, a person initiating an instruction assumes only the obligations imposed by ORS 78.1080 and not an obligation that the security will be honored by the issuer. [1961 c.726 �78.3050; 1985 c.676 �78.3050; 1995 c.328 �31]

�� 78.3060 Effect of guaranteeing signature, indorsement or instruction. (1) A person who guarantees a signature of an indorser of a security certificate warrants that at the time of signing:

�� (a) The signature was genuine;

�� (b) The signer was an appropriate person to indorse, or if the signature was by an agent, the agent had actual authority to act on behalf of the appropriate person; and

�� (c) The signer had legal capacity to sign.

�� (2) A person who guarantees a signature of the originator of an instruction warrants that at the time of signing:

�� (a) The signature was genuine;

�� (b) The signer was an appropriate person to originate the instruction, or if the signature was by an agent, the agent had actual authority to act on behalf of the appropriate person, if the person specified in the instruction as the registered owner was, in fact, the registered owner, as to which fact the signature guarantor does not make a warranty; and

�� (c) The signer had legal capacity to sign.

�� (3) A person who specially guarantees the signature of an originator of an instruction makes the warranties of a signature guarantor under subsection (2) of this section and also warrants that at the time the instruction is presented to the issuer:

�� (a) The person specified in the instruction as the registered owner of the uncertificated security will be the registered owner; and

�� (b) The transfer of the uncertificated security requested in the instruction will be registered by the issuer free from all liens, security interests, restrictions and claims other than those specified in the instruction.

�� (4) A guarantor under subsections (1) and (2) of this section or a special guarantor under subsection (3) of this section does not otherwise warrant the rightfulness of the transfer.

�� (5) A person who guarantees an indorsement of a security certificate makes the warranties of a signature guarantor under subsection (1) of this section and also warrants the rightfulness of the transfer in all respects.

�� (6) A person who guarantees an instruction requesting the transfer of an uncertificated security makes the warranties of a special signature guarantor under subsection (3) of this section and also warrants the rightfulness of the transfer in all respects.

�� (7) An issuer may not require a special guaranty of signature, a guaranty of indorsement or a guaranty of instruction as a condition to registration of transfer.

�� (8) The warranties under this section are made to a person taking or dealing with the security in reliance on the guaranty, and the guarantor is liable to the person for loss resulting from their breach. An indorser or originator of an instruction whose signature, indorsement or instruction has been guaranteed is liable to a guarantor for any loss suffered by the guarantor as a result of breach of the warranties of the guarantor. [1961 c.726 �78.3060; 1985 c.676 �78.3060; 1995 c.328 �32]

�� 78.3070 Purchaser�s rights to requisites for registration of transfer. Unless otherwise agreed, the transferor of a security on due demand shall supply the purchaser with proof of authority to transfer or with any other requisite necessary to obtain registration of the transfer of the security, but if the transfer is not for value, a transferor need not comply unless the purchaser pays the necessary expenses. If the transferor fails within a reasonable time to comply with the demand, the purchaser may reject or rescind the transfer. [1961 c.726 �78.3070; 1985 c.676 �78.3070; 1995 c.328 �33]

�� 78.3080 [1961 c.726 �78.3080; 1985 c.676 �78.3080; repealed by 1995 c.328 �71]

�� 78.3090 [1961 c.726 �78.3090; 1985 c.676 �78.3090; repealed by 1995 c.328 �71]

�� 78.3100 [1961 c.726 �78.3100; 1985 c.676 �78.3100; repealed by 1995 c.328 �71]

�� 78.3110 [1961 c.726 �78.3110; 1985 c.676 �78.3110; repealed by 1995 c.328 �71]

�� 78.3120 [1961 c.726 �78.3120; 1985 c.676 �78.3120; repealed by 1995 c.328 �71]

�� 78.3130 [1961 c.726 �78.3130; 1965 c.271 �4; 1985 c.676 �78.3130; repealed by 1995 c.328 �71]

�� 78.3140 [1961 c.726 �78.3140; 1985 c.676 �78.3140; repealed by 1995 c.328 �71]

�� 78.3150 [1961 c.726 �78.3150; 1985 c.676 �78.3150; repealed by 1995 c.328 �71]

�� 78.3160 [1961 c.726 �78.3160; 1985 c.676 �78.3160; repealed by 1995 c.328 �71]

�� 78.3170 [1961 c.726 �78.3170; 1985 c.676 �78.3170; repealed by 1995 c.328 �71]

�� 78.3180 [1961 c.726 �78.3180; 1985 c.676 �78.3180; repealed by 1995 c.328 �71]

�� 78.3190 [1961 c.726 �78.3190; 1985 c.676 �78.3190; repealed by 1995 c.328 �71]

�� 78.3200 [1965 c.271 �2; 1985 c.676 �78.3200; repealed by 1995 c.328 �71]

�� 78.3210 [1985 c.676 �78.3210; repealed by 1995 c.328 �71]

REGISTRATION

�� 78.4010 Duty of issuer to register transfer. (1) If a certificated security in registered form is presented to an issuer with a request to register transfer or an instruction is presented to an issuer with a request to register transfer of an uncertificated security, the issuer shall register the transfer as requested if:

�� (a) Under the terms of the security the person seeking registration of transfer is eligible to have the security registered in its name;

�� (b) The indorsement or instruction is made by the appropriate person or by an agent who has actual authority to act on behalf of the appropriate person;

�� (c) Reasonable assurance as described in ORS 78.4020 is given that the indorsement or instruction is genuine and authorized;

�� (d) Any applicable law relating to the collection of taxes has been complied with;

�� (e) The transfer does not violate any restriction on transfer imposed by the issuer in accordance with ORS 78.2040;

�� (f) A demand that the issuer not register transfer has not become effective under ORS 78.4030, or the issuer has complied with ORS 78.4030 (2) but no legal process or indemnity bond has been obtained as provided in ORS 78.4030 (4); and

�� (g) The transfer is in fact rightful or is to a protected purchaser.

�� (2) If an issuer is under a duty to register a transfer of a security, the issuer is liable to a person presenting a certificated security or an instruction for registration or to the person�s principal for loss resulting from unreasonable delay in registration or failure or refusal to register the transfer. [1961 c.726 �78.4010; 1985 c.676 �78.4010; 1995 c.328 �34]

�� 78.4020 Assurance that indorsement or instruction is effective. (1) An issuer may require the following assurance that each necessary indorsement or each instruction is genuine and authorized:

�� (a) In all cases, a guaranty of the signature of the person making an indorsement or originating an instruction including, in the case of an instruction, reasonable assurance of identity;

�� (b) If the indorsement is made or the instruction is originated by an agent, appropriate assurance of actual authority to sign;

�� (c) If the indorsement is made or the instruction is originated by a fiduciary pursuant to ORS 78.1070 (1)(d) or (1)(e), appropriate evidence of appointment or incumbency;

�� (d) If there is more than one fiduciary, reasonable assurance that all who are required to sign have done so; and

�� (e) If the indorsement is made or the instruction is originated by a person not covered by another provision of this subsection, assurance appropriate to the case corresponding as nearly as may be to the provisions of this subsection.

�� (2) An issuer may elect to require reasonable assurance beyond that specified in this section.

�� (3) In this section:

�� (a) �Guaranty of the signature� means a guaranty signed by or on behalf of a person reasonably believed by the issuer to be responsible. An issuer may adopt standards with respect to responsibility if they are not manifestly unreasonable.

�� (b) �Appropriate evidence of appointment or incumbency� means:

�� (A) In the case of a fiduciary appointed or qualified by a court, a certificate issued by or under the direction or supervision of the court or an officer thereof and dated within 60 days before the date of presentation for transfer; or

�� (B) In any other case, a copy of a document showing the appointment or a certificate issued by or on behalf of a person reasonably believed by an issuer to be responsible or, in the absence of that document or certificate, other evidence the issuer reasonably considered appropriate. [1961 c.726 �78.4020; 1985 c.676 �78.4020; 1995 c.328 �35]

�� 78.4030 Demand that issuer not register transfer. (1) A person who is an appropriate person to make an indorsement or originate an instruction may demand that the issuer not register transfer of a security by communicating to the issuer a notification that identifies the registered owner and the issue of which the security is a part and provides an address for communications directed to the person making the demand. The demand is effective only if it is received by the issuer at a time and in a manner affording the issuer reasonable opportunity to act on it.

�� (2) If a certificated security in registered form is presented to an issuer with a request to register transfer or an instruction is presented to an issuer with a request to register transfer of an uncertificated security after a demand that the issuer not register transfer has become effective, the issuer shall promptly communicate to (i) the person who initiated the demand at the address provided in the demand and (ii) the person who presented the security for registration of transfer or initiated the instruction requesting registration of transfer a notification stating that:

�� (a) The certificated security has been presented for registration of transfer or that instruction for registration of transfer of uncertificated security has been received;

�� (b) A demand that the issuer not register transfer has previously been received; and

�� (c) The issuer will withhold registration of transfer for a period of time stated in the notification in order to provide the person who initiated the demand an opportunity to obtain legal process or an indemnity bond.

�� (3) The period described in subsection (2)(c) of this section may not exceed 30 days after the date of communication of the notification. A shorter period may be specified by the issuer if it is not manifestly unreasonable.

�� (4) An issuer is not liable to a person who initiated a demand that the issuer not register transfer for any loss the person suffers as a result of registration of a transfer pursuant to an effective indorsement or instruction if the person who initiated the demand does not, within the time stated in the issuer�s communication, either:

�� (a) Obtain an appropriate restraining order, injunction or other process from a court of competent jurisdiction enjoining the issuer from registering the transfer; or

�� (b) File with the issuer an indemnity bond, sufficient in the issuer�s judgment to protect the issuer and any transfer agent, registrar, or other agent of the issuer involved from any loss the issuer and any transfer agent, registrar or other agent of the issuer may suffer by refusing to register the transfer.

�� (5) This section does not relieve an issuer from liability for registering transfer pursuant to an indorsement or instruction that was not effective. [1961 c.726 �78.4030; 1985 c.676 �78.4030; 1995 c.328 �36]

�� 78.4040 Wrongful registration. (1) Except as otherwise provided in ORS 78.4060, an issuer is liable for wrongful registration of transfer if the issuer has registered a transfer of a security to a person not entitled to it and the transfer was registered:

�� (a) Pursuant to an ineffective indorsement or instruction;

�� (b) After a demand that the issuer not register transfer became effective under ORS 78.4030 (1) and the issuer did not comply with ORS 78.4030 (2);

�� (c) After the issuer had been served with an injunction, restraining order or other legal process enjoining it from registering the transfer, issued by a court of competent jurisdiction, and the issuer had a reasonable opportunity to act on the injunction, restraining order or other legal process; or

�� (d) By an issuer acting in collusion with the wrongdoer.

�� (2) An issuer that is liable for wrongful registration of transfer under subsection (1) of this section on demand shall provide the person entitled to the security with a like certificated or uncertificated security and any payments or distributions that the person did not receive as a result of the wrongful registration. If an overissue would result, the issuer�s liability to provide the person with a like security is governed by ORS 78.2100.

�� (3) Except as otherwise provided in subsection (1) of this section or in a law relating to the collection of taxes, an issuer is not liable to an owner or other person suffering loss as a result of the registration of a transfer of a security if registration was made pursuant to an effective indorsement or instruction. [1961 c.726 �78.4040; 1985 c.676 �78.4040; 1995 c.328 �37]

�� 78.4050 Replacement of lost, destroyed or wrongfully taken security certificate. (1) If an owner of a certificated security, whether in registered or bearer form, claims that the certificate has been lost, destroyed or wrongfully taken, the issuer shall issue a new certificate if the owner:

�� (a) So requests before the issuer has notice that the certificate has been acquired by a protected purchaser;

�� (b) Files with the issuer a sufficient indemnity bond; and

�� (c) Satisfies other reasonable requirements imposed by the issuer.

�� (2) If, after the issue of a new security certificate, a protected purchaser of the original certificate presents it for registration of transfer, the issuer shall register the transfer unless an overissue would result. In that case, the issuer�s liability is governed by ORS 78.2100. In addition to any rights on the indemnity bond, an issuer may recover the new certificate from a person to whom it was issued or any person taking under that person, except a protected purchaser. [1961 c.726 �78.4050; 1985 c.676 �78.4050; 1995 c.328 �38]

�� 78.4060 Obligation to notify issuer of lost, destroyed or wrongfully taken security certificate. If a security certificate has been lost, apparently destroyed or wrongfully taken, and the owner fails to notify the issuer of that fact within a reasonable time after the owner has notice of it and the issuer registers a transfer of the security before receiving notification, the owner may not assert against the issuer a claim for registering the transfer under ORS 78.4040 or a claim to a new security certificate under ORS 78.4050. [1961 c.726 �78.4060; 1985 c.676 �78.4060; 1995 c.328 �39]

�� 78.4070 Authenticating trustee, transfer agent and registrar. A person acting as authenticating trustee, transfer agent, registrar or other agent for an issuer in the registration of a transfer of the issuer�s securities, in the issue of new security certificates or uncertificated securities or in the cancellation of surrendered security certificates has the same obligation to the holder or owner of a certificated or uncertificated security with regard to the particular functions performed as the issuer has in regard to those functions. [1985 c.676 �78.4070; 1995 c.328 �40]

�� 78.4080 [1985 c.676 �78.4080; repealed by 1995 c.328 �71]

SECURITY ENTITLEMENTS

�� 78.5010 Securities account; acquisition of security entitlement from securities intermediary. (1) �Securities account� means an account to which a financial asset is or may be credited in accordance with an agreement under which the person maintaining the account undertakes to treat the person for whom the account is maintained as entitled to exercise the rights that comprise the financial asset.

�� (2) Except as otherwise provided in subsections (4) and (5) of this section, a person acquires a security entitlement if a securities intermediary:

�� (a) Indicates by book entry that a financial asset has been credited to the person�s securities account;

�� (b) Receives a financial asset from the person or acquires a financial asset for the person and, in either case, accepts it for credit to the person�s securities account; or

�� (c) Becomes obligated under other law, regulation or rule to credit a financial asset to the person�s securities account.

�� (3) If a condition of subsection (2) of this section has been met, a person has a security entitlement even though the securities intermediary does not itself hold the financial asset.

�� (4) If a securities intermediary holds a financial asset for another person, and the financial asset is registered in the name of, payable to the order of, or specially indorsed to the other person, and has not been indorsed to the securities intermediary or in blank, the other person is treated as holding the financial asset directly rather than as having a security entitlement with respect to the financial asset.

�� (5) Issuance of a security is not establishment of a security entitlement. [1995 c.328 �41]

�� 78.5020 Assertion of adverse claim against entitlement holder. An action based on an adverse claim to a financial asset, whether framed in conversion, replevin, constructive trust, equitable lien or other theory, may not be asserted against a person who acquires a security entitlement under ORS 78.5010 for value and without notice of the adverse claim. [1995 c.328 �42]

�� 78.5030 Property interest of entitlement holder in financial asset held by securities intermediary. (1) To the extent necessary for a securities intermediary to satisfy all security entitlements with respect to a particular financial asset, all interests in that financial asset held by the securities intermediary are held by the securities intermediary for the entitlement holders, are not property of the securities intermediary and are not subject to claims of creditors of the securities intermediary, except as otherwise provided in ORS 78.5110.

�� (2) An entitlement holder�s property interest with respect to a particular financial asset under subsection (1) of this section is a pro rata property interest in all interests in that financial asset held by the securities intermediary, without regard to the time the entitlement holder acquired the security entitlement or the time the securities intermediary acquired the interest in that financial asset.

�� (3) An entitlement holder�s property interest with respect to a particular financial asset under subsection (1) of this section may be enforced against the securities intermediary only by exercise of the entitlement holder�s rights under ORS 78.5050, 78.5060, 78.5070 and 78.5080.

�� (4) An entitlement holder�s property interest with respect to a particular financial asset under subsection (1) of this section may be enforced against a purchaser of the financial asset or interest therein only if:

�� (a) Insolvency proceedings have been initiated by or against the securities intermediary;

�� (b) The securities intermediary does not have sufficient interests in the financial asset to satisfy the security entitlements of all of its entitlement holders to that financial asset;

�� (c) The securities intermediary violated its obligations under ORS 78.5040 by transferring the financial asset or interest therein to the purchaser; and

�� (d) The purchaser is not protected under subsection (5) of this section. The trustee or other liquidator, acting on behalf of all entitlement holders having security entitlements with respect to a particular financial asset, may recover the financial asset, or interest therein, from the purchaser. If the trustee or other liquidator elects not to pursue that right, an entitlement holder whose security entitlement remains unsatisfied has the right to recover its interest in the financial asset from the purchaser.

�� (5) An action based on the entitlement holder�s property interest with respect to a particular financial asset under subsection (1) of this section, whether framed in conversion, replevin, constructive trust, equitable lien or other theory, may not be asserted against any purchaser of a financial asset or interest therein who gives value, obtains control and does not act in collusion with the securities intermediary in violating the securities intermediary�s obligations under ORS 78.5040. [1995 c.328 �43]

�� 78.5040 Duty of securities intermediary to maintain financial asset. (1) A securities intermediary shall promptly obtain and thereafter maintain a financial asset in a quantity corresponding to the aggregate of all security entitlements it has established in favor of its entitlement holders with respect to that financial asset. The securities intermediary may maintain those financial assets directly or through one or more other securities intermediaries.

�� (2) Except to the extent otherwise agreed by its entitlement holder, a securities intermediary may not grant any security interests in a financial asset it is obligated to maintain pursuant to subsection (1) of this section.

�� (3) A securities intermediary satisfies the duty in subsection (1) of this section if:

�� (a) The securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary; or

�� (b) In the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to obtain and maintain the financial asset.

�� (4) This section does not apply to a clearing corporation that is itself the obligor of an option or similar obligation to which its entitlement holders have security entitlements. [1995 c.328 �44]

�� 78.5050 Duty of securities intermediary with respect to payments and distributions. (1) A securities intermediary shall take action to obtain a payment or distribution made by the issuer of a financial asset. A securities intermediary satisfies the duty if:

�� (a) The securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary; or

�� (b) In the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to attempt to obtain the payment or distribution.

�� (2) A securities intermediary is obligated to its entitlement holder for a payment or distribution made by the issuer of a financial asset if the payment or distribution is received by the securities intermediary. [1995 c.328 �45]

�� 78.5060 Duty of securities intermediary to exercise rights as directed by entitlement holder. A securities intermediary shall exercise rights with respect to a financial asset if directed to do so by an entitlement holder. A securities intermediary satisfies the duty if:

�� (1) The securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary; or

�� (2) In the absence of agreement, the securities intermediary either places the entitlement holder in a position to exercise the rights directly or exercises due care in accordance with reasonable commercial standards to follow the direction of the entitlement holder. [1995 c.328 �46]

�� 78.5070 Duty of securities intermediary to comply with entitlement order. (1) A securities intermediary shall comply with an entitlement order if the entitlement order is originated by the appropriate person, the securities intermediary has had reasonable opportunity to assure itself that the entitlement order is genuine and authorized and the securities intermediary has had reasonable opportunity to comply with the entitlement order. A securities intermediary satisfies the duty if:

�� (a) The securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary; or

�� (b) In the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to comply with the entitlement order.

�� (2) If a securities intermediary transfers a financial asset pursuant to an ineffective entitlement order, the securities intermediary shall reestablish a security entitlement in favor of the person entitled to it, and pay or credit any payments or distributions that the person did not receive as a result of the wrongful transfer. If the securities intermediary does not reestablish a security entitlement, the securities intermediary is liable to the entitlement holder for damages. [1995 c.328 �47]

�� 78.5080 Duty of securities intermediary to change entitlement holder�s position to other form of security holding. A securities intermediary shall act at the direction of an entitlement holder to change a security entitlement into another available form of holding for which the entitlement holder is eligible, or to cause the financial asset to be transferred to a securities account of the entitlement holder with another securities intermediary. A securities intermediary satisfies the duty if:

�� (1) The securities intermediary acts as agreed upon by the entitlement holder and the securities intermediary; or

�� (2) In the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to follow the direction of the entitlement holder. [1995 c.328 �48]

�� 78.5090 Specification of duties of securities intermediary by other statute or regulation; manner of performance of duties of securities intermediary and exercise of rights of entitlement holder. (1) If the substance of a duty imposed upon a securities intermediary by ORS 78.5040, 78.5050, 78.5060, 78.5070 and 78.5080 is the subject of other statute, regulation or rule, compliance with that statute, regulation or rule satisfies the duty.

�� (2) To the extent that specific standards for the performance of the duties of a securities intermediary or the exercise of the rights of an entitlement holder are not specified by other statute, regulation or rule or by agreement between the securities intermediary and the entitlement holder, the securities intermediary shall perform its duties and the entitlement holder shall exercise its rights in a commercially reasonable manner.

�� (3) The obligation of a securities intermediary to perform the duties imposed by ORS

ORS 79A.2030

79A.2030 (2)(c)(A);

�� (b) No filing is required to perfect the security interest; and

�� (c) The security interest has priority over conflicting perfected security interests in the item, accompanying documents or proceeds. [1961 c.726 �74.2100; 1993 c.545 �93; 2001 c.445 �146; 2009 c.181 �46]

�� 74.2110 Bank as holder in due course. For purposes of determining its status as a holder in due course, a bank has given value to the extent it has a security interest in an item, if the bank otherwise complies with the requirements of ORS 73.0302 on what constitutes a holder in due course. [1961 c.726 �74.2110; 1993 c.545 �94]

�� 74.2120 Presentment by notice of item not payable by, through or at bank; liability of drawer or indorser. (1) Unless otherwise instructed, a collecting bank may present an item not payable by, through or at a bank by sending to the party to accept or pay a written notice that the bank holds the item for acceptance or payment. The notice must be sent in time to be received on or before the day when presentment is due and the bank must meet any requirement of the party to accept or pay under ORS 73.0501 by the close of the bank�s next banking day after it knows of the requirement.

�� (2) If presentment is made by notice, and payment, acceptance or request for compliance with a requirement under ORS 73.0501 is not received by the close of business on the day after maturity or, in the case of demand items, by the close of business on the third banking day after notice was sent, the presenting bank may treat the item as dishonored and charge any drawer or indorser by sending it notice of the facts. [1961 c.726 �74.2120; 1985 c.436 �1; 1993 c.545 �95; 1995 c.79 �26]

�� 74.2130 Medium and time of settlement by bank. (1) With respect to settlement by a bank, the medium and time of settlement may be prescribed by Federal Reserve regulations or circulars, clearing house rules and the like, or agreement. In the absence of such prescription:

�� (a) The medium of settlement is cash or credit to an account in a Federal Reserve Bank of or specified by the person to receive settlement; and

�� (b) The time of settlement is:

�� (A) With respect to tender of settlement by cash, a cashier�s check or teller�s check, when the cash or check is sent or delivered;

�� (B) With respect to tender of settlement by credit in an account in a Federal Reserve Bank, when the credit is made;

�� (C) With respect to tender of settlement by a credit or debit to an account in a bank, when the credit or debit is made or, in the case of tender of settlement by authority to charge an account, when the authority is sent or delivered; or

�� (D) With respect to tender of settlement by a funds transfer, when payment is made pursuant to subsection (1) of this section or ORS 74A.4060 to the person receiving settlement.

�� (2) If the tender of settlement is not by a medium authorized by subsection (1) of this section or the time of settlement is not fixed by subsection (1) of this section, no settlement occurs until the tender of settlement is accepted by the person receiving settlement.

�� (3) If settlement for an item is made by cashier�s check or teller�s check and the person receiving settlement, before its midnight deadline:

�� (a) Presents or forwards the check for collection, settlement is final when the check is finally paid; or

�� (b) Fails to present or forward the check for collection, settlement is final at the midnight deadline of the person receiving settlement.

�� (4) If settlement for an item is made by giving authority to charge the account of the bank giving settlement in the bank receiving settlement, settlement is final when the charge is made by the bank receiving settlement if there are funds available in the account for the amount of the item. [1961 c.726 �74.2130; 1993 c.545 �96]

�� 74.2140 Right of charge-back or refund; liability of collecting bank; return of item. (1) If a collecting bank has made provisional settlement with its customer for an item and fails by reason of dishonor, suspension of payments by a bank or otherwise to receive a settlement for the item which is or becomes final, the bank may revoke the settlement given by it, charge back the amount of any credit given for the item to its customer�s account or obtain refund from its customer, whether or not it is able to return the item, if by its midnight deadline or within a longer reasonable time after it learns the facts it returns the item or sends notification of the facts. If the return or notice is delayed beyond the bank�s midnight deadline or a longer reasonable time after it learns the facts, the bank may revoke the settlement, charge back the credit or obtain refund from its customer, but it is liable for any loss resulting from the delay. The rights to revoke, charge back and obtain refund terminate if and when a settlement for the item received by the bank is or becomes final.

�� (2) A collecting bank returns an item when it is sent or delivered to the bank�s customer or transferor or pursuant to its instructions.

�� (3) A depositary bank that is also the payor may charge back the amount of an item to its customer�s account or obtain refund in accordance with the provision governing return of an item received by a payor bank for credit on its books as provided in ORS 74.3010.

�� (4) The right to charge back is not affected by:

�� (a) Previous use of a credit given for the item; or

�� (b) Failure by any bank to exercise ordinary care with respect to the item, but a bank so failing remains liable.

�� (5) A failure to charge back or claim refund does not affect other rights of the bank against the customer or any other party.

�� (6) If credit is given in dollars as the equivalent of the value of an item payable in a foreign money, the dollar amount of any charge-back or refund must be calculated on the basis of the bank-offered spot rate for the foreign money prevailing on the day when the person entitled to the charge-back or refund learns that it will not receive payment in ordinary course. [1961 c.726 �74.2140; 1993 c.545 �97]

�� 74.2150 Final payment of item by payor bank; when provisional debits and credits become final; when certain credits become available for withdrawal. (1) An item is finally paid by a payor bank when the bank has first done any of the following:

�� (a) Paid the item in cash;

�� (b) Settled for the item without having a right to revoke the settlement under statute, clearing house rule or agreement; or

�� (c) Made a provisional settlement for the item and failed to revoke the settlement in the time and manner permitted by statute, clearing house rule or agreement.

�� (2) If provisional settlement for an item does not become final, the item is not finally paid.

�� (3) If provisional settlement for an item between the presenting and payor banks is made through a clearing house or by debits or credits in an account between them, then to the extent that provisional debits or credits for the item are entered in accounts between the presenting and payor banks or between the presenting and successive prior collecting banks seriatim, they become final upon final payment of the items by the payor bank.

�� (4) If a collecting bank receives a settlement for an item which is or becomes final, the bank is accountable to its customer for the amount of the item and any provisional credit given for the item in an account with its customer becomes final.

�� (5) Subject to applicable law stating a time for availability of funds and any right of the bank to apply the credit to an obligation of the customer, credit given by a bank for an item in a customer�s account becomes available for withdrawal as of right:

�� (a) If the bank has received a provisional settlement for the item, when the settlement becomes final and the bank has had a reasonable time to receive return of the item and the item has not been received within that time; or

�� (b) If the bank is both the depositary bank and the payor bank, and the item is finally paid, at the opening of the bank�s second banking day following receipt of the item.

�� (6) Subject to applicable law stating a time for availability of funds and any right of a bank to apply a deposit to an obligation of the depositor, a deposit of money becomes available for withdrawal as of right at the opening of the bank�s next banking day after receipt of the deposit. [1993 c.545 �99]

�� 74.2160 Insolvency and preference. (1) If an item is in or comes into the possession of a payor or collecting bank that suspends payment and the item has not been finally paid, the item must be returned by the receiver, trustee or agent in charge of the closed bank to the presenting bank or the closed bank�s customer.

�� (2) If a payor bank finally pays an item and suspends payments without making a settlement for the item with its customer or the presenting bank which settlement is or becomes final, the owner of the item has a preferred claim against the payor bank.

�� (3) If a payor bank gives or a collecting bank gives or receives a provisional settlement for an item and thereafter suspends payments, the suspension does not prevent or interfere with the settlement�s becoming final if the finality occurs automatically upon the lapse of certain time or the happening of certain events.

�� (4) If a collecting bank receives from subsequent parties settlement for an item, which settlement is or becomes final and the bank suspends payments without making a settlement for the item with its customer which settlement is or becomes final, the owner of the item has a preferred claim against the collecting bank. [1993 c.545 �100]

(Payor Banks)

�� 74.3010 Deferred posting; recovery of payment by return of items; time of dishonor; return of items by payor bank. (1) If a payor bank settles for a demand item other than a documentary draft presented otherwise than for immediate payment over the counter before midnight of the banking day of receipt, the payor bank may revoke the settlement and recover the settlement if, before it has made final payment and before its midnight deadline, it:

�� (a) Returns the item; or

�� (b) Sends written notice of dishonor or nonpayment if the item is unavailable for return.

�� (2) If a demand item is received by a payor bank for credit on its books it may return the item or send notice of dishonor and may revoke any credit given or recover the amount thereof withdrawn by its customer, if it acts within the time limit and in the manner specified in subsection (1) of this section.

�� (3) Unless previous notice of dishonor has been sent, an item is dishonored at the time when for purposes of dishonor it is returned or notice sent in accordance with this section.

�� (4) An item is returned:

�� (a) As to an item presented through a clearing house, when it is delivered to the presenting or last collecting bank or to the clearing house or is sent or delivered in accordance with clearing house rules; or

�� (b) In all other cases, when it is sent or delivered to the bank�s customer or transferor or pursuant to instructions of the customer or transferor. [1961 c.726 �74.3010; 1993 c.545 �101]

�� 74.3020 Payor bank�s responsibility for late return of item; defenses to liability of payor bank. (1) Pursuant to ORS 74.2070 (1), if an item is presented to and received by a payor bank, the bank is accountable for the amount of:

�� (a) A demand item, other than a documentary draft, whether properly payable or not, if the bank, in any case in which it is not also the depositary bank, retains the item beyond midnight of the banking day of receipt without settling for it or, whether or not it is also the depositary bank, does not pay or return the item or send notice of dishonor until after its midnight deadline; or

�� (b) Any other properly payable item unless within the time allowed for acceptance or payment of that item the bank either accepts or pays the item or returns it and accompanying documents.

�� (2) The liability of a payor bank to pay an item pursuant to subsection (1) of this section is subject to defenses based on breach of a presentment warranty under ORS 74.2080 or proof that the person seeking enforcement of the liability presented or transferred the item for the purpose of defrauding the payor bank. [1961 c.726 �74.3020; 1993 c.545 �102]

�� 74.3030 When items subject to notice, stop payment order, legal process or setoff; order in which items may be charged or certified; cutoff hour for checks. (1) Any knowledge, notice or stop payment order received by, legal process served upon, or setoff exercised by a payor bank comes too late to terminate, suspend or modify the bank�s right or duty to pay an item or to charge its customer�s account for the item if the knowledge, notice, stop payment order or legal process is received or served and a reasonable time for the bank to act thereon expires or the setoff is exercised after the earliest of the following:

�� (a) The bank accepts or certifies the item;

�� (b) The bank pays the item in cash;

�� (c) The bank settles for the item without having a right to revoke the settlement under statute, clearing house rule or agreement;

�� (d) The bank becomes accountable for the amount of the item under ORS 74.3020 dealing with the payor bank�s responsibility for late return of items; or

�� (e) With respect to checks, a cutoff hour no earlier than one hour after the opening of the next banking day after the banking day on which the bank received the check and no later than the close of that next banking day or, if no cutoff hour is fixed, the close of the next banking day after the banking day on which the bank received the check.

�� (2) Subject to subsection (1) of this section items may be accepted, paid, certified or charged to the indicated account of its customer in any order. [1961 c.726 �74.3030; 1993 c.545 �103]

RELATIONSHIP BETWEEN PAYOR BANK AND ITS CUSTOMER

�� 74.4010 When bank may charge customer�s account. (1) A bank may charge against the account of a customer an item that is properly payable from that account even though the charge creates an overdraft. An item is properly payable if it is authorized by the customer and is in accordance with any agreement between the customer and bank.

�� (2) A customer is not liable for the amount of an overdraft if the customer neither signed the item nor benefits from the proceeds of the item.

�� (3) A bank may charge against the account of a customer a check that is otherwise properly payable from the account, even though payment was made before the date of the check, unless the customer has given notice to the bank of the postdating describing the check with reasonable certainty. The notice is effective for the period stated in ORS 74.4030 (2) for stop payment orders, and must be received at such time and in such manner as to afford the bank a reasonable opportunity to act on it before the bank takes any action with respect to the check described in ORS 74.3030. If a bank charges against the account of a customer a check before the date stated in the notice of postdating, the bank is liable for damages for the loss resulting from its act. The loss may include damages for dishonor of subsequent items under ORS 74.4020.

�� (4) A bank that in good faith makes payment to a holder may charge the indicated account of its customer according to:

�� (a) The original terms of the altered item; or

�� (b) The terms of the completed item, even though the bank knows the item has been completed unless the bank has notice that the completion was improper. [1961 c.726 �74.4010; 1993 c.545 �104]

�� 74.4020 Bank�s liability to customer for wrongful dishonor; time of determining insufficiency of account. (1) Except as otherwise provided in this chapter, a payor bank wrongfully dishonors an item if it dishonors an item that is properly payable. However, a bank may dishonor an item that would create an overdraft unless it has agreed to pay the overdraft.

�� (2) A payor bank is liable to its customer for damages proximately caused by the wrongful dishonor of an item. Liability is limited to actual damages proved and may include damages for an arrest or prosecution of the customer or other consequential damages. Whether any consequential damages are proximately caused by the wrongful dishonor is a question of fact to be determined in each case.

�� (3) A payor bank�s determination of the customer�s account balance on which a decision to dishonor for insufficiency of available funds is based may be made at a time between the time the item is received by the payor bank and the time that the payor bank returns the item or gives notice in lieu of return, and no more than one determination need be made. If, at the election of the payor bank, a subsequent balance determination is made for the purpose of reevaluating the bank�s decision to dishonor the item, the account balance at that time is determinative of whether a dishonor for insufficiency of availability funds is wrongful. [1961 c.726 �74.4020; 1993 c.545 �105]

�� 74.4030 Customer�s right to stop payment; duration of stop payment order; burden of proof of loss. (1) A customer or any person authorized to draw on the account if there is more than one person may stop payment of any item drawn on the customer�s account or close the account by an order to the bank describing the item or account with reasonable certainty received at a time and in a manner that affords the bank a reasonable opportunity to act on it before any action by the bank with respect to the item described in ORS 74.3030. If the signature of more than one person is required to draw on an account, any of these persons may stop payment or close the account.

�� (2) A stop payment order is effective for six months, but it lapses after 14 calendar days if the original order was oral and was not confirmed in writing within that period. A stop payment order may be renewed for additional six-month periods by a writing given to the bank within a period during which the stop payment order is effective.

�� (3) The burden of establishing the fact and amount of loss resulting from the payment of an item contrary to a stop payment order or order to close an account is on the customer. The loss from payment of an item contrary to a stop payment order may include damages for dishonor of subsequent items under ORS 74.4020. [1961 c.726 �74.4030; 1993 c.545 �106]

�� 74.4040 Bank not obligated to pay check more than six months old. A bank is under no obligation to a customer having a checking account to pay a check, other than a certified check, which is presented more than six months after its date, but it may charge its customer�s account for a payment made thereafter in good faith. [1961 c.726 �74.4040]

�� 74.4050 Death or incompetence of customer. (1) A payor or collecting bank�s authority to accept, pay or collect an item or to account for proceeds of its collection, if otherwise effective, is not rendered ineffective by incompetence of a customer of either bank existing at the time the item is issued or its collection is undertaken if the bank does not know of an adjudication of incompetence. Neither death nor incompetence of a customer revokes the authority to accept, pay, collect or account until the bank knows of the fact of death or of an adjudication of incompetence and has reasonable opportunity to act on it.

�� (2) Even with knowledge, a bank may for 10 days after the date of death pay or certify checks drawn on or before that date unless ordered to stop payment by a person claiming an interest in the account. [1961 c.726 �74.4050; 1993 c.545 �107]

�� 74.4060 Statements to customer; requirements; retaining copies of items; duty of customer to determine unauthorized payment; allocation of loss. (1) A bank that sends or makes available to a customer a statement of account showing payment of items for the account shall either return or make available to the customer the items paid or provide information in the statement of account sufficient to allow the customer reasonably to identify the items paid. The statement of account provides sufficient information if the item is described by item number, amount and date of payment.

�� (2) If the items are not returned to the customer, the person retaining the items shall either retain the items or, if the items are destroyed, maintain the capacity to furnish legible copies of the items until the expiration of seven years after receipt of the items. A customer may request an item from the bank that paid the item, and the bank must provide in a reasonable time either the item or, if the item has been destroyed or is not otherwise obtainable, a legible copy of the item.

�� (3) If a bank sends or makes available a statement of account or items pursuant to subsection (1) of this section, the customer must exercise reasonable promptness in examining the statement or the items to determine whether any payment was not authorized because an alteration of an item or because a purported signature by or on behalf of the customer was not authorized. If, based on the statement or items provided, the customer should reasonably have discovered the unauthorized payment, the customer must promptly notify the bank of the relevant facts.

�� (4) If the bank proves that the customer failed, with respect to an item, to comply with the duties imposed on the customer by subsection (3) of this section the customer is precluded from asserting against the bank:

�� (a) The customer�s unauthorized signature or any alteration on the item, if the bank also proves that it suffered a loss by reason of the failure; and

�� (b) The customer�s unauthorized signature or alteration by the same wrongdoer on any other item paid in good faith by the bank if the payment was made before the bank received notice from the customer of the unauthorized signature or alteration and after the customer had been afforded a reasonable period of time, not exceeding 30 days, in which to examine the item or statement of account and notify the bank.

�� (5) If subsection (4) of this section applies and the customer proves that the bank failed to exercise ordinary care in paying the item and that the failure substantially contributed to loss, the loss is allocated between the customer precluded and the bank asserting the preclusion according to the extent to which the failure of the customer to comply with subsection (3) of this section and the failure of the bank to exercise ordinary care contributed to the loss. If the customer proves that the bank did not pay the item in good faith, the preclusion under subsection (4) of this section does not apply.

�� (6) Without regard to care or lack of care of either the customer or the bank, a customer who does not within 180 days after the statement or items are made available to the customer as provided in subsection (1) of this section discover and report the customer�s unauthorized signature on or any alteration on the face or back of the item or does not within 18 months from that time discover and report any unauthorized indorsement on the item is precluded from asserting against the bank the unauthorized signature or indorsement or alteration. If there is a preclusion under this subsection, the payor bank may not recover for breach of warranty under ORS 74.2080 with respect to the unauthorized signature or indorsement or alteration to which the preclusion applies. [1961 c.726 �74.4060; 1989 c.604 �1; 1993 c.545 �108]

�� 74.4070 Payor bank�s right to subrogation on improper payment. If a payor bank has paid an item over the order of the drawer or maker to stop payment, or after an account has been closed, or otherwise under circumstances giving a basis for objection by the drawer or maker, to prevent unjust enrichment and only to the extent necessary to prevent loss to the bank by reason of its payment of the item, the payor bank shall be subrogated to the rights:

�� (1) Of any holder in due course on the item against the drawer or maker; and

�� (2) Of the payee or any other holder of the item against the drawer or maker either on the item or under the transaction out of which the item arose; and

�� (3) Of the drawer or maker against the payee or any other holder of the item with respect to the transaction out of which the item arose. [1961 c.726 �74.4070; 1993 c.545 �109]

COLLECTION OF DOCUMENTARY DRAFTS

�� 74.5010 Handling of documentary drafts; duty to send for presentment and to notify customer of dishonor. A bank that takes a documentary draft for collection shall present or send the draft and accompanying documents for presentment and upon learning that the draft has not been paid or accepted in due course, shall seasonably notify its customer of the fact even though it may have discounted or bought the draft or extended credit available for withdrawal as of right. [1961 c.726 �74.5010; 1993 c.545 �110]

�� 74.5020 Presentment of �on arrival� drafts. If a draft or the relevant instructions require presentment �on arrival,� �when goods arrive� or the like, the collecting bank need not present until in its judgment a reasonable time for arrival of the goods has expired. Refusal to pay or accept because the goods have not arrived is not dishonor; the bank must notify its transferor of the refusal but need not present the draft again until it is instructed to do so or learns of the arrival of the goods. [1961 c.726 �74.5020; 1993 c.545 �111]

�� 74.5030 Responsibility of presenting bank for documents and goods; report of reasons for dishonor; referee in case of need. Unless otherwise instructed and except as provided in ORS chapter 75, a bank presenting a documentary draft:

�� (1) Must deliver the documents to the drawee on acceptance of the draft if it is payable more than three days after presentment; otherwise, only on payment; and

�� (2) Upon dishonor, either in the case of presentment for acceptance or presentment for payment, may seek and follow instructions from any referee in case of need designated in the draft or if the presenting bank does not choose to utilize the referee�s services, it must use diligence and good faith to ascertain the reason for dishonor, must notify its transferor of the dishonor and of the results of its effort to ascertain the reasons therefor and must request instructions.

However, the presenting bank is under no obligation with respect to goods represented by the documents except to follow any reasonable instructions seasonably received; it has a right to reimbursement for any expense incurred in following instructions and to prepayment of or indemnity for those expenses. [1961 c.726 �74.5030; 1993 c.545 �112]

�� 74.5040 Privilege of presenting bank to deal with goods; security interest for expenses. (1) A presenting bank that, following the dishonor of a documentary draft, has seasonably requested instructions but does not receive them within a reasonable time may store, sell, or otherwise deal with the goods in any reasonable manner.

�� (2) For its reasonable expenses incurred by action under subsection (1) of this section the presenting bank has a lien upon the goods or their proceeds, which may be foreclosed in the same manner as an unpaid seller�s lien. [1961 c.726 �74.5040; 1993 c.545 �113]

ORS 802.220

802.220 is a reasonable fee established by the department.

�� (3) The fee for an abstract of driving record under ORS 802.220 is a reasonable fee established by the department.

�� (4) The fee for furnishing information concerning trip permit records under ORS 802.220 is a reasonable fee established by the department.

�� (5) The fee for separate records on vehicle odometer readings under ORS 802.220 is a reasonable fee established by the department. [1983 c.338 �127; 1985 c.16 �37; 1985 c.175 �3; 1985 c.251 �13; 1985 c.313 �3; 1987 c.5 �3]

�� 802.240 Driver and vehicle records as evidence. (1) In all actions, suits or criminal proceedings when the title to, or right of possession of, any vehicle is involved, the record of title, as it appears in the files and records of the Department of Transportation, is prima facie evidence of ownership or right to possession of the vehicle. As used in this section, the record of title does not include records of salvage titles unless the record itself is the salvage title. Proof of the ownership or right to possession of a vehicle shall be made by means of any of the following methods:

�� (a) The original certificate of title as provided under ORS 803.010.

�� (b) A copy, certified by the department, of the title record of the vehicle as the record appears in the files and records of the department.

�� (2) Extrinsic evidence of authenticity is not required as a condition precedent to the admission of a copy of a document relating to the privilege of any person to drive a motor vehicle authorized by law to be filed and actually filed in the records of the department if the copy bears a seal purporting to be that of the department and is certified as a true copy by original or facsimile signature of a person purporting to be an officer or employee of the department. This subsection applies to copies of a data compilation in any form. Copies of documents certified in accordance with this subsection constitute prima facie evidence of the existence of the facts stated therein.

�� (3) A certified copy of a person�s driving record, as maintained by the department:

�� (a) May be admitted as evidence in any hearing or proceeding under ORS 813.200 to 813.270.

�� (b) Is prima facie evidence that the person named therein was duly convicted of each offense shown by the record.

�� (c) Is prima facie evidence that the person named therein is participating in or has participated in a driving under the influence of intoxicants diversion program or in any similar alcohol or drug rehabilitation program in this state or in any other jurisdiction if the record shows that the person has participated in such a program.

�� (4) Records and actions described in this subsection shall not be referred to in any way or admitted into evidence or be any evidence of the negligence or due care of any party at the trial of any action at law to recover damages. This subsection applies to all of the following:

�� (a) The report required following a collision.

�� (b) Any action taken by the department to revoke or suspend a driver license or driver permit or taken by the department under the financial responsibility requirements of the vehicle code or the findings, if any, of the department upon which such action of the department is based.

�� (c) Any deposit of security required under the financial responsibility requirements of the vehicle code.

�� (5) Except as provided in this subsection, the collision reports filed with the department under ORS 811.725, 811.730 or 811.735 shall be without prejudice to the individual filing the report and no such report shall be used as evidence in any trial, civil or criminal, arising out of a collision. The following uses are allowable under this subsection:

�� (a) The certificate issued by the department under ORS 802.220 to show whether or not a collision report has been made to the department shall be used solely to prove a compliance or failure to comply with the requirements that the collision report be made to the department.

�� (b) A collision report submitted under ORS 811.725 or 811.735 may be used in an administrative hearing or an appeal from such hearing to support any suspension of driving privileges for:

�� (A) Failure to make reports required under ORS 811.725 or 811.735.

�� (B) Failure to comply with financial responsibility requirements or failure to comply with future responsibility filings.

�� (6) A photocopy, facsimile copy, digital or electronic copy of an application for perfection of a security interest by notation on a title under ORS 803.097 that is certified by the department is proof of the date of perfection of the security interest unless the date is invalid as provided under ORS 803.097.

�� (7) A report filed by a physician or health care provider under ORS 807.710 is confidential and may not be admitted as evidence in any civil or criminal action. A report described in this subsection may be used in an administrative hearing or an appeal from an administrative hearing in which an issue is the qualification of a person to operate a motor vehicle. [1983 c.338 �128; 1985 c.16 �38; 1985 c.175 �4; 1987 c.441 �1; 1987 c.750 �3; 1989 c.148 �7; 1991 c.67 �210; 1991 c.702 �26; 1991 c.873 �22a; 1993 c.233 �13; 1999 c.1051 �279; 2001 c.675 �6; 2003 c.462 �2; 2003 c.655 �98; 2024 c.63 �24]

�� 802.250 Records containing residence address of eligible public employee or household member. (1) An eligible public employee may request that any driver or vehicle record kept by the Department of Transportation that contains or is required to contain the eligible employee�s residence address contain instead the address of the public agency employing the eligible employee. A request under this section shall:

�� (a) Be in a form specified by the department that provides for verification of the eligible employee�s employment.

�� (b) Contain verification by the employing public agency of the eligible employee�s employment with the public agency.

�� (2) Upon receipt of a request and verification under subsection (1) of this section, the department shall remove the eligible employee�s residence address from its records, if necessary, and substitute therefor the address of the public agency employing the eligible employee. The department shall indicate on the records that the address shown is an employment address. While the request is in effect, the eligible employee may enter the address of the public agency employing the eligible employee on any driver or vehicle form issued by the department that requires an address.

�� (3) A public agency that verifies an eligible employee�s employment under subsection (1) of this section shall notify the department within 30 days if the eligible employee ceases to be employed by the public agency. The eligible employee shall notify the department of a change of address as provided in ORS 803.220 or 807.560.

�� (4) If an eligible employee is killed in the line of duty, a person who is a household member of the eligible employee may request that any driver or vehicle record kept by the department that contains or is required to contain the household member�s residence address continue to contain the address of the public agency that employed the eligible employee for up to four years after the date of the death of the eligible employee. On or before the date on which the four-year period ends, the household member shall notify the department of a change of address as provided in ORS 803.220 or 807.560. A request under this subsection shall be in a form specified by the department.

�� (5) As used in this section, �eligible employee� means:

�� (a) A member of the State Board of Parole and Post-Prison Supervision.

�� (b) The Director of the Department of Corrections and an employee of an institution defined in ORS 421.005 as Department of Corrections institutions, whose duties, as assigned by the superintendent, include the custody of persons committed to the custody of or transferred to the institution.

�� (c) A parole and probation officer employed by the Department of Corrections and an employee of the Department of Corrections Release Center whose duties, as assigned by the Chief of the Release Center, include the custody of persons committed to the custody of or transferred to the Release Center.

�� (d) A police officer appointed under ORS 276.021 or 276.023.

�� (e) An employee of the State Department of Agriculture who is classified as a brand inspector by the Director of Agriculture.

�� (f) An investigator of the Criminal Justice Division of the Department of Justice.

�� (g) A corrections officer as defined in ORS 181A.355.

�� (h) A federal officer. As used in this paragraph, �federal officer� means a special agent or law enforcement officer employed by:

�� (A) The Federal Bureau of Investigation;

�� (B) The United States Secret Service;

�� (C) The United States Citizenship and Immigration Services;

�� (D) The United States Marshals Service;

�� (E) The Drug Enforcement Administration;

�� (F) The United States Postal Service;

�� (G) The United States Customs and Border Protection;

�� (H) The United States General Services Administration;

�� (I) The United States Department of Agriculture;

�� (J) The Bureau of Alcohol, Tobacco, Firearms and Explosives;

�� (K) The Internal Revenue Service;

�� (L) The United States Department of the Interior; or

�� (M) Any federal agency if the person is empowered to effect an arrest with or without warrant for violations of the United States Code and is authorized to carry firearms in the performance of duty.

�� (i) An employee of the Department of Human Services or the Oregon Health Authority whose duties include personal contact with clients or patients of the department or the authority.

�� (j) Any judge of a court of this state.

�� (k) An employee of the Oregon Youth Authority or of a county juvenile department whose duties include personal contact with persons committed to the legal or physical custody of the authority or of the county juvenile department.

�� (L) A district attorney, as defined in ORS 131.005, or deputy district attorney.

�� (m) An employee who provides educational services to persons who are clients or patients of the Department of Human Services or the Oregon Health Authority, who are under the jurisdiction of the Psychiatric Security Review Board or who are under the custody or supervision of the Department of Corrections, the State Board of Parole and Post-Prison Supervision, a community corrections agency, the Oregon Youth Authority or a juvenile department. As used in this paragraph, �employee who provides educational services� means a person who provides instruction, or services related to the instruction, of a subject usually taught in an elementary school, a secondary school or a community college or who provides special education and related services in other than a school setting and who works for:

�� (A) An education service district or a community college district; or

�� (B) A state officer, board, commission, bureau, department or division in the executive branch of state government that provides educational services.

�� (n) An employee of the Oregon Liquor and Cannabis Commission who is:

�� (A) A regulatory specialist; or

�� (B) A regulatory manager.

�� (o) A police officer as defined in ORS 801.395.

�� (p) An employee whose duties include personal contact with criminal offenders and who is employed by a law enforcement unit, as defined in ORS 181A.355.

�� (q) A civil code enforcement officer, as defined in ORS 192.345.

�� (r) An assistant attorney general whose duties include the representation of the Department of Human Services in child welfare matters.

�� (s) An employee of the Department of Justice who staffs the hate crimes hotline described in ORS 147.380.

�� (t) An employee of the State Parks and Recreation Department whose job classification is a park manager or a park ranger. [1985 c.563 ��2,3; 1989 c.695 �1; 1991 c.67 �211; 1991 c.523 �1; 1991 c.789 �1; 1993 c.741 �76; 1993 c.751 �17; 1997 c.872 �11; 2003 c.399 �1; 2005 c.22 �513; 2005 c.292 �1a; 2007 c.71 �244; 2007 c.169 �1; 2009 c.595 �1138; 2011 c.297 �1; 2012 c.54 �31; 2013 c.56 �1; 2015 c.313 �4; 2015 c.614 �167; 2019 c.61 �4; 2021 c.351 �294; 2021 c.477 �1; 2023 c.549 �16; 2025 c.41 �1]

�� 802.251 [1991 c.523 �3; 2005 c.292 �4; renumbered 802.255 in 2005]

�� 802.253 Records containing residence address of corrections officer or household member. (1) As used in this section:

�� (a) �Correctional facility� means an institution used for the confinement of persons convicted of a criminal offense or held by court order.

�� (b) �Corrections officer� means a person employed in a correctional facility, wherever it may be located, who primarily performs the duty of custody, control or supervision of individuals convicted of a criminal offense.

�� (2) A corrections officer, who is a resident of Oregon but is employed in a correctional facility located in a state other than Oregon, may request that any driver or vehicle record kept by the Department of Transportation that contains or is required to contain the corrections officer�s residence address contain instead the address of the correctional facility employing the corrections officer. A request under this subsection must:

�� (a) Be in a form specified by the department that includes designation of the Oregon county of residence.

�� (b) Contain verification of employment as determined adequate by the department to establish eligibility for this service.

�� (3) Upon receipt of a request and verification under this section, the department shall remove the corrections officer�s residence address from its records, if necessary, and substitute the address of the correctional facility employing the corrections officer. The department shall indicate on the records that the address shown is an employment address. While the request is in effect, the corrections officer may enter the address of the correctional facility employing the corrections officer on any driver or vehicle form issued by the department that requires an address.

�� (4) If the corrections officer ceases to be employed in the correctional facility, the corrections officer shall notify the department of a change of address as provided in ORS 803.220 or 807.560.

�� (5) If a corrections officer is killed in the line of duty, a person who is a household member of the corrections officer may request that any driver or vehicle record kept by the department that contains or is required to contain the household member�s residence address continue to contain the address of the public agency that employed the corrections officer for up to four years after the date of the death of the corrections officer. On or before the date on which the four-year period ends, the household member shall notify the department of a change of address as provided in ORS 803.220 or 807.560. A request under this subsection shall be in a form specified by the department. [2005 c.292 �3; 2011 c.297 �2]

�� 802.255 Exchange of information for implementation of ORS 802.250 and 802.253. The Department of Transportation on behalf of the State of Oregon may enter into contracts with other states and with the federal government for the exchange of employment information necessary to implement and administer ORS 802.250 and 802.253. [Formerly

ORS 802.240

802.240 relating to the use of such reports after submission. Exemptions from requirements to provide proof of compliance with financial responsibility are established under ORS 806.020.

�� (4) A driver may be required to file additional collision reports with a city as provided under ORS 801.040.

�� (5) The offense described in this section, driver failure to report a collision, is a Class B traffic violation. [1983 c.338 �577; 1985 c.393 �36; 1993 c.751 �67; 2005 c.195 �1; 2019 c.312 �13; 2024 c.63 �18]

�� 811.730 Owner failure to report collision to Department of Transportation; penalty. (1) The owner of a vehicle commits the offense of owner failure to report a collision if the owner does any of the following:

�� (a) If the person owns a vehicle that is involved in a collision that is required to be reported under ORS 811.720 and all of the following apply:

�� (A) The collision occurred while the vehicle was driven by someone other than the owner of the vehicle.

�� (B) The driver of the vehicle does not make a collision report as required under ORS 811.725.

�� (C) The owner of the vehicle fails to report the collision to the Department of Transportation in a form specified by the department as soon as the owner learns of the collision.

�� (b) If the person is the owner of a vehicle involved in a collision and the person does not make any additional reports the department may require.

�� (2) The offense described in this section, owner failure to report a collision, is a Class B traffic violation. [1983 c.338 �578; 1985 c.393 �37; 1993 c.751 �68; 2024 c.63 �19]

�� 811.735 Failure of vehicle occupant to make collision report to Department of Transportation; penalty. (1) A person commits the offense of failure of a vehicle occupant to make a collision report if:

�� (a) The person is an occupant, other than the driver, of a vehicle at a time when the vehicle is involved in a collision required to be reported under ORS 811.720;

�� (b) The driver of the vehicle is physically incapable of making a collision report required under ORS 811.725; and

�� (c) The occupant does not make the collision report or cause the collision report to be made.

�� (2) This section does not require an occupant of a vehicle who is not a driver to provide proof of compliance with financial responsibility requirements.

�� (3) The offense described in this section, failure of a vehicle occupant to make a collision report, is a Class B traffic violation. [1983 c.338 �579; 2019 c.312 �14; 2024 c.63 �20]

�� 811.740 False collision report; penalty. (1) A person commits the offense of giving a false collision report if the person gives information in any report required under ORS 811.725 or 811.730, knowing or having reason to believe that such information is false.

�� (2) The offense described in this section, giving a false collision report, is a Class B misdemeanor. [1983 c.338 �581; 1985 c.393 �38; 2024 c.63 �21]

�� 811.745 When collision must be reported to police officer or law enforcement agency. (1) Except as provided in subsection (4) of this section, and notwithstanding ORS 801.020 (9), any place a collision is caused by the motion of a vehicle or its load that results in injury or death to any person, the collision is subject to:

�� (a) The reporting requirements for drivers under ORS 811.748.

�� (b) The reporting requirements for occupants of vehicles in collisions under ORS 811.750.

�� (2) Except as provided in subsection (4) of this section, and notwithstanding ORS 801.020 (9), a collision caused by the motion of a vehicle or its load that occurs on any highway or premises open to the public, or any premises adjacent to a highway or premises open to the public, that results in damage to the property of any person in excess of $2,500, is subject to the following:

�� (a) The driver of a vehicle that has more than $2,500 damage must report the collision in the manner specified under ORS 811.748.

�� (b) If the property damage is to property other than a vehicle involved in the collision, each driver involved in the collision must report the collision in the manner specified under ORS 811.748.

�� (c) If a vehicle involved in the collision is damaged to the extent that the vehicle must be towed from the scene of the collision, each driver involved in the collision must report the collision in the manner specified under ORS 811.748.

�� (3) The dollar amount specified in subsection (2) of this section may be increased every five years by the Department of Transportation based upon any increase in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor or its successor during the preceding 12-month period. The amount determined under this subsection shall be rounded to the nearest $100.

�� (4) The following are exempt from the reporting requirements of this section:

�� (a) Operators of snowmobiles and Class I, Class III and Class IV all-terrain vehicles.

�� (b) A law enforcement official acting in the course of official duty if the collision involved a law enforcement official performing a lawful intervention technique or involved a law enforcement official and a person acting during the commission of a criminal offense. As used in this paragraph:

�� (A) �Law enforcement official� means a person who is responsible for enforcing the criminal laws of this state or a political subdivision of this state and who is employed or volunteers:

�� (i) As a peace officer commissioned by a city, port, university that has established a police department under ORS 352.121 or 353.125, school district, mass transit district, county or service district authorized to provide law enforcement services under ORS 451.010;

�� (ii) With the Department of State Police or the Criminal Justice Division of the Department of Justice; or

�� (iii) As an investigator of a district attorney�s office, if the investigator is certified as a peace officer in this state.

�� (B) �Lawful intervention technique� means a method by which one motor vehicle causes, or attempts to cause, another motor vehicle to stop.

�� (5) The reporting requirements under this section are in addition to, and not in lieu of, the reporting requirements under ORS 811.720. [2009 c.490 �2; 2011 c.360 �18; 2011 c.506 �50; 2013 c.180 �56; 2017 c.189 �2; 2019 c.57 �37; 2024 c.63 �22]

�� Note: 811.745 to 811.750 were added to and made a part of the Oregon Vehicle Code by legislative action but were not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 811.747 Definitions for ORS 811.748 and 811.750. As used in ORS 811.748 and 811.750:

�� (1) �Emergency communications system� has the meaning given that term in ORS 403.105.

�� (2) �Law enforcement agency� means any agency that employs members of the Oregon State Police, a sheriff, a deputy sheriff, a city police officer, a police officer commissioned by a university under ORS 352.121 or 353.125 or a law enforcement officer employed by a service district established under ORS 451.410 to 451.610 for the purpose of law enforcement services. [2009 c.490 �3; 2011 c.506 �51; 2013 c.180 �57; 2015 c.247 �38]

�� Note: See note under 811.745.

�� 811.748 Driver failure to report collision to police officer or law enforcement agency; penalty. (1) The driver of a vehicle commits the offense of driver failure to report a collision if the driver is driving any vehicle that is involved in a collision required to be reported under ORS 811.745 and the driver, if physically capable, does not give notice of the collision immediately to a police officer or a law enforcement agency by the quickest means available.

�� (2) Notwithstanding subsection (1) of this section, a driver does not commit the offense of driver failure to report a collision if:

�� (a) The collision required to be reported under ORS 811.745 results in a serious injury or death; and

�� (b) The driver gives notice of the collision immediately to the emergency communications system by the quickest means available.

�� (3) The offense described in this section, driver failure to report a collision, is a Class A traffic violation. [2009 c.490 �4; 2015 c.247 �39; 2024 c.63 �25]

�� Note: See note under 811.745.

�� 811.750 Failure of vehicle occupant to make collision report to police officer or law enforcement agency; penalty. (1) A person commits the offense of failure of a vehicle occupant to make a collision report if:

�� (a) The person is an occupant, other than the driver, of a vehicle at a time when the vehicle is involved in a collision required to be reported to a police officer or a law enforcement agency under ORS 811.745;

�� (b) The driver of the vehicle is physically incapable of giving notice to a police officer or a law enforcement agency as required under ORS 811.748; and

�� (c) The occupant does not give notice of the collision immediately to a police officer or a law enforcement agency by the quickest means available.

�� (2) Notwithstanding subsection (1) of this section, a person does not commit the offense of failure of a vehicle occupant to make a collision report if:

�� (a) The collision required to be reported under ORS 811.745 results in a serious injury or death; and

�� (b) The person gives notice of the collision immediately to the emergency communications system by the quickest means available.

�� (3) The offense described in this section, failure of a vehicle occupant to make a collision report, is a Class A traffic violation. [2009 c.490 �5; 2015 c.247 �40; 2024 c.63 �23]

�� Note: See note under 811.745.

FUNERAL PROCESSIONS

�� 811.800 Operation of funeral vehicles with improper lights; penalty. (1) A person commits the offense of operation of a funeral escort vehicle or a funeral lead vehicle with improper lights if the person:

�� (a) Fails to equip the funeral escort vehicle or funeral lead vehicle with at least one �fire company warning light� as provided for under ORS 816.350 and described under ORS 816.285; or

�� (b) Uses the �fire company warning light� at any time except during a funeral procession.

�� (2) No ordinance or other regulation shall prohibit the use of warning lights on a funeral escort vehicle or funeral lead vehicle while driving in a funeral procession.

�� (3) The offense described in this section, operation of a funeral escort vehicle or funeral lead vehicle with improper lights, is a Class D traffic violation. [1991 c.482 �6; 1993 c.18 �170; 1995 c.383 �1]

�� 811.802 Failure to yield right of way to funeral procession; penalty. (1) A person commits the offense of failure to yield the right of way to a funeral procession if the funeral procession is accompanied by a funeral escort vehicle or a funeral lead vehicle and the person does not do the following:

�� (a) Yield the right of way to the funeral procession.

�� (b) Stop before entering any intersection and remain stopped until the funeral procession has passed.

�� (c) Obey any directions given by a driver of a funeral escort vehicle.

�� (2) Except as otherwise provided in subsection (3) of this section and except for emergency vehicles and police vehicles or at the direction of a police officer, this section applies to pedestrians, bicyclists, motor vehicle drivers and anyone else in the path of a funeral procession.

�� (3) This section applies only to persons who knew or in the exercise of reasonable care should have known of the presence of a funeral procession.

�� (4) The offense described in this section, failure to yield the right of way to a funeral procession, is a Class D traffic violation. [1991 c.482 �7; 1995 c.383 �2]

�� 811.804 Intersection rules for funeral processions. (1) While exercising due caution regarding the safety of others, notwithstanding any traffic control device, right of way provisions or other provisions of the Oregon Vehicle Code, if the funeral escort vehicle or funeral lead vehicle lawfully enters an intersection, the following procession may enter the intersection without stopping.

�� (2) Notwithstanding subsection (1) of this section, the vehicles in the funeral procession shall yield the right of way:

�� (a) To an emergency vehicle giving an audible or visible signal; or

�� (b) If directed by a police officer to do so. [1991 c.482 �8]

�� 811.806 Exceeding maximum speed for funeral procession; penalty. (1) Notwithstanding any other provision of law, a person commits the offense of exceeding the maximum speed for a funeral procession if:

�� (a) The person is driving in a funeral procession on a highway with a speed limit of less than 50 miles per hour and the person drives at a speed that exceeds five miles per hour less than the speed limit; or

�� (b) The person is driving in a funeral procession on a highway with a speed limit greater than 50 miles per hour and the person drives at a speed that exceeds 45 miles per hour.

�� (2) The offense described in this section, exceeding the maximum speed for a funeral procession, is a Class D traffic violation. [1991 c.482 �12; 1995 c.383 �3]

�� 811.808 Exemption from speed limits for funeral escort vehicle. Notwithstanding ORS 811.111 or

ORS 802.250

802.250 or Address Confidentiality Program participants in ORS 192.846, the residence address of the person to whom the driver license is issued.

�� (f) Upon request of the person to whom the driver license is issued, the fact that the person is an anatomical donor.

�� (g) Upon request of the person to whom the driver license is issued and presentation of proof, as determined by the department, the fact that the person is a veteran, as defined in ORS 408.225.

�� (h) Upon order of the juvenile court, the fact that the person to whom the driver license is issued is an emancipated minor.

�� (i) Except as otherwise provided in subsection (2) of this section, a photograph described in this paragraph. A photograph required under this paragraph shall:

�� (A) Be a full-faced photograph of the person to whom the driver license is issued;

�� (B) Be of a size approved by the department; and

�� (C) Be taken at the time of application for issuance of the driver license whether the application is for an original driver license, replacement of a driver license under ORS 807.160 or renewal of a driver license under ORS 807.150, except that the department, by rule, may allow the applicant to use a photograph already on file with the department.

�� (j) The class of driver license issued and any endorsements granted.

�� (k) The signature of the person to whom the driver license is issued.

�� (L) If the driver license is not a Real ID, a design differentiating it from a Real ID.

�� (m) Upon request of the person to whom the driver license is issued, the fact that the person is deaf or hard of hearing.

�� (2) The department may issue a valid driver license, other than a commercial driver license, without a photograph to an applicant:

�� (a) Who objects on religious grounds;

�� (b) Who objects because of the applicant�s facial disfigurement; or

�� (c) Who is stationed outside of this state while serving in the active military service in the Armed Forces of the United States or the National Guard or who is the spouse or dependent of such an individual, and the department does not have an acceptable photograph of the applicant, as determined by the department by rule. This paragraph applies to an applicant who is renewing or replacing a driver license.

�� (3) A limited term driver license or a limited term commercial driver license issued under ORS 807.730 shall indicate:

�� (a) That it is a limited term driver license; and

�� (b) The date on which the limited term driver license expires.

�� (4) The department shall use security procedures, processes and materials in the preparation, manufacture and issuance of any driver license that prohibit as nearly as possible anyone�s ability to alter, counterfeit, duplicate or modify the driver license without ready detection. The security features used in the production of the driver licenses shall provide for:

�� (a) The authentication of a genuine document in a reasonable time; and

�� (b) The production of the driver license only by equipment that requires verification of the identity of the operator of the equipment before a driver license may be produced. [1983 c.338 �306; 1985 c.16 �127; 1985 c.563 �6; 1985 c.608 �18; 1989 c.636 �22; 1991 c.67 �217; 1991 c.523 �6; 1993 c.751 �39; 2003 c.14 �474; 2005 c.292 �7; 2005 c.775 �7; 2007 c.542 ��5,6; 2008 c.1 ��12,13; 2010 c.61 �1; 2015 c.455 �1; 2017 c.190 �11; 2017 c.306 �8; 2017 c.568 �16a; 2021 c.14 �3; 2025 c.415 �3]

�� 807.115 Digital images of photographs and signatures. (1) The Department of Transportation shall retain a digital image of each photograph and signature shown on a driver license under the provisions of ORS 807.110 or an identification card under ORS 807.400.

�� (2) The digital images of photographs may not be made available to anyone other than law enforcement officials, parole and probation officers, employees of the department acting in an official capacity or a driver licensing agency of another jurisdiction.

�� (3) As used in this section:

�� (a) �Law enforcement official� includes a humane special agent as defined in ORS

ORS 802.500

802.500 and 802.520.

�� (7) The department shall maintain separate and comprehensive records of all transactions affecting the Revolving Account for Emergency Cash Advances described under ORS 802.100.

�� (8) The department shall maintain suitable records of driver licenses, driver permits and identification cards. The records required under this subsection shall include all of the following:

�� (a) An index by name and number.

�� (b) Supporting documentation of all driver licenses, driver permits or identification cards issued.

�� (c) Every application for a driver license, driver permit or identification card.

�� (d) All driver licenses, driver permits or identification cards that have been suspended, revoked or canceled.

�� (e)(A) For each driver license, driver permit or identification card, the Social Security number of the person to whom the driver license, driver permit or identification card is issued or the written statement that the person has not been assigned a Social Security number.

�� (B) As used in this paragraph, a �driver license,� �driver permit� or �identification card� means a driver license, driver permit or identification card that is not a:

�� (i) Real ID;

�� (ii) Commercial driver license; or

�� (iii) Commercial learner driver permit.

�� (f) For each commercial driver license and commercial learner driver permit, the Social Security number of the person to whom the license or permit is issued, or any other number or identifying information that the Secretary of the United States Department of Transportation determines appropriate to identify the person.

�� (g) For each Real ID, the Social Security number of the person to whom the Real ID is issued, or proof that the person is not eligible for a Social Security number.

�� (h) Emergency contact information provided under ORS 802.275.

�� (9) The Department of Transportation shall maintain a two-part driving record consisting of an employment driving record and a nonemployment driving record for each person as required under this subsection. All of the following apply to the records required under this subsection:

�� (a) The department shall maintain driving records for each person the department determines requires an Oregon driving record to comply with federal regulations or provisions of the vehicle code. The department may establish and maintain driving records for each person without an Oregon driving record when the department requests or receives information ordinarily maintained as part of the driving record. The department shall adopt rules for maintaining driving records under this subsection.

�� (b) In addition to other information required by this paragraph, the employment driving record shall include all reports of drug test results that are made to the department under ORS 825.410 or 825.415. Notwithstanding any other provision of law, release of the portion of the employment driving record that shows drug test results reported under ORS 825.410 or 825.415 is permitted only in accordance with ORS 802.202. The employment driving record shall also include all motor vehicle accidents that the person is required to report under ORS 811.720, all suspensions of driving privileges required to be placed on the record under ORS

ORS 802.600

802.600�� Agreements to transact department business; fees; rules

GENERAL PROVISIONS

�� 802.010 Duties of Department of Transportation regarding motor vehicles and drivers. (1) The Department of Transportation shall perform all of the duties, functions and powers with respect to the following:

�� (a) The administration of the laws relating to the motor vehicle fuel license tax, aircraft fuel license tax and use fuel license tax including ORS chapter 319.

�� (b) The administration of the laws relating to motor vehicle registration and titling and the issuance of certificates to vehicle dealers and dismantlers including but not limited to the administration of the vehicle code.

�� (c) The administration of the laws relating to driving privileges granted under licenses and permits and under the vehicle code.

�� (d) The administration of the laws relating to operation of vehicles on highways and of vehicle size, weight and use limits under the vehicle code.

�� (e) The administration of ORS 820.130 and 820.140.

�� (f) The administration of the provisions relating to proof of compliance with financial responsibility requirements and future responsibility filings.

�� (2) The Director of Transportation shall act as a reciprocity officer for the purposes of ORS

ORS 803.012

803.012. [1983 c.338 �188; 1985 c.16 �64; 1985 c.174 �2; 1985 c.300 �3; 1985 c.315 �1; 1987 c.790 �1; 1989 c.148 �12; 1991 c.873 �11; 1993 c.233 �28; 2001 c.669 �7; 2001 c.675 �8; 2003 c.161 �1; 2003 c.618 �1; 2003 c.655 �101; 2009 c.865 �42; 2017 c.750 �39a]

�� Note: 803.090 is amended by Enrolled House Bill 3991 (2025 special session). As of the date of publication of the 2025 Edition of the Oregon Revised Statutes, Enrolled House Bill 3991 (2025 special session) is subject to potential referendum petitions that may be filed with the Secretary of State as provided in Article IV, section 1, of the Oregon Constitution. The full text of Enrolled House Bill 3991 (2025 special session) is set forth following 801.610.

�� 803.091 Title fees based on miles per gallon. (1) As used in this section, �miles per gallon� or �MPG� means the distance traveled in a vehicle powered by one gallon of fuel.

�� (2) The Department of Transportation shall determine the combined MPG ratings for each motor vehicle pursuant to a method determined by the department.

�� (3) In addition to the title fees prescribed under ORS 803.090 (1)(c), there shall be paid an additional amount as follows:

�� (a) For vehicles that have a rating of 0-19 MPG or nonmotorized vehicles, $24.

�� (b) For vehicles that have a rating of 20-39 MPG, $29.

�� (c) For vehicles that have a rating of 40 MPG or greater, $39.

�� (d) For electric vehicles, $115. [2017 c.750 �37; 2017 c.750 �38]

�� Note: 803.091 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 803 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

(Transfer of Title or Interest)

�� 803.092 Application for title upon transfer of interest; when and by whom required; exceptions. (1) Except as otherwise provided in this section, upon the transfer of any interest in a vehicle covered by an Oregon title the transferee shall submit an application for title to the Department of Transportation. Such application shall be submitted to the department within 30 days of the date of transfer of interest.

�� (2) Notwithstanding subsection (1) of this section, application is not required under this section when:

�� (a) The change involves only a change in the security interest where the security interest holder or lessor is a financial institution, a financial holding company or a bank holding company, as those terms are defined in ORS 706.008, a licensee under ORS chapter 725, or any subsidiary or affiliate of any of the foregoing and the transfer of the interest of the security interest holder or lessor:

�� (A) Results from the merger, conversion, reorganization, consolidation or acquisition of the security interest holder or lessor;

�� (B) Is to an entity that is a member of the same affiliated group as the security holder or lessor; or

�� (C) Is made in connection with a transfer in bulk.

�� (b) The vehicle is transferred to a vehicle dealer and the vehicle will become part of the dealer�s inventory for resale. Upon the transfer of a vehicle to a dealer, however, the dealer shall immediately notify the department of such transfer. This exemption from the requirement to apply for title does not apply if the department determines that application for title is necessary in order to comply with odometer disclosure requirements. If the department determines that application for title is not required, it may require filing of documents under ORS 803.126.

�� (c) The vehicle is to be titled in another jurisdiction.

�� (d) The vehicle has been totaled, wrecked, dismantled, disassembled or destroyed, in which case the provisions of ORS 819.010, 819.012, 819.014 or 822.135 relating to notice and surrender of title documents shall be complied with.

�� (e) The transfer involves the creation or termination of a leasehold interest in a vehicle that is proportionally registered under ORS 826.009 or 826.011, if the department is furnished with satisfactory proof of the lease.

�� (3) Except as provided in subsection (2) of this section, the transferee shall:

�� (a) Submit an application that meets requirements for title under ORS 803.045 and 803.050 and any applicable rules of the department.

�� (b) Submit the title transfer fees as required under ORS 803.090.

�� (c) Comply with the provisions of ORS 803.065 and any applicable rules of the department under that statute and submit the duplicate or replacement title fee as provided under ORS 803.090, if the transfer includes an application for duplicate or replacement title and transfer of title.

�� (d) Submit an odometer disclosure containing information required by the department for the kind of transaction involved.

�� (e) Submit any late presentation of certificate of title fee as provided under ORS 803.090 if such fee is required under ORS 803.105.

�� (4) For purposes of this section:

�� (a) �Affiliated group� has the meaning given to the term in section 1504(a) of the Internal Revenue Code of 1986, as amended (26 U.S.C. 1504(a)).

�� (b) A �transfer in bulk� is:

�� (A) The sale or assignment of, the grant of a security interest in, or any other transfer of either a group of loans secured by vehicles, leases of vehicles or both or a participation or other interest in the group of loans;

�� (B) The creation of asset-backed securities or other securing of assets involving the loans or leases; or

�� (C) Any similar transaction involving the loans or leases. [1989 c.148 �3; 1989 c.452 �7; 1991 c.67 �212; 1991 c.820 �14; 1991 c.873 �12; 1993 c.233 �29; 1993 c.427 �1; 1997 c.631 �554; 2001 c.377 �53; 2001 c.675 �9; 2003 c.655 �102; 2025 c.415 �32]

�� Note: The amendments to 803.092 by section 3, chapter 428, Oregon Laws 2023, become operative January 1, 2027. See section 7, chapter 428, Oregon Laws 2023. The text that is operative on and after January 1, 2027, including amendments by section 33, chapter 415, Oregon Laws 2025, is set forth for the user�s convenience.

�� 803.092. (1) Except as otherwise provided in this section, upon the transfer of any interest in a vehicle covered by an Oregon title the transferee shall submit an application for title to the Department of Transportation. Such application shall be submitted to the department within 30 days of the date of transfer of interest.

�� (2) Notwithstanding subsection (1) of this section, application is not required under this section when:

�� (A) Results from the merger, conversion, reorganization, consolidation or acquisition of the security interest holder or lessor;

�� (B) Is to an entity that is a member of the same affiliated group as the security holder or lessor; or

�� (C) Is made in connection with a transfer in bulk.

�� (c) The vehicle is to be titled in another jurisdiction.

�� (3) Except as provided in subsection (2) of this section, the transferee shall:

�� (a) Submit an application that meets requirements for title under ORS 803.045 and 803.050 and any applicable rules of the department.

�� (b) Submit the title transfer fees as required under ORS 803.090.

�� (d) Submit an odometer disclosure containing information required by the department for the kind of transaction involved.

�� (e) Submit any late presentation of certificate of title fee as provided under ORS 803.090 if such fee is required under ORS 803.105.

�� (4)(a) If requested on the application for title, the department shall provide the primary security interest holder with an electronic title. If no request is made on the application, the department may issue a certificate of title.

�� (b) When the primary security interest holder receives an electronic title, within 30 days of the release of the security interest the primary security interest holder shall electronically submit the release of interest to the department in the manner provided by the department by rule.

�� (c) A duly certified copy of the department�s electronic record of the title reflecting the lien is admissible in any civil, criminal or administrative proceeding in this state as evidence of the existence of a lien.

�� (d) The department shall adopt rules related to electronic application and the electronic release of liens and notice to lienholders.

�� (5) For purposes of this section:

�� (a) �Affiliated group� has the meaning given to the term in section 1504(a) of the Internal Revenue Code of 1986, as amended (26 U.S.C. 1504(a)).

�� (b) A �transfer in bulk� is:

�� (B) The creation of asset-backed securities or other securing of assets involving the loans or leases; or

�� (C) Any similar transaction involving the loans or leases.

�� Note: Sections 5 and 6, chapter 428, Oregon Laws 2023, provide:

�� Sec. 5. No later than September 15 of each calendar year, the Department of Transportation shall submit to the Joint Committee on Transportation, in the manner prescribed by ORS 192.245, an annual report about the progress made with respect to adopting rules to carry out the amendments to ORS 803.092 and 803.206 by sections 1 and 3 of this 2023 Act. [2023 c.428 �5]

�� Sec. 6. Section 5 of this 2023 Act is repealed January 2, 2027. [2023 c.428 �6]

�� 803.094 Release or assignment of title interest; rules; when and by whom required; exceptions. (1) Except as otherwise provided in this section, upon the transfer of any interest shown on an Oregon title any person whose interest is released, terminated, assigned or transferred, shall release or assign that interest in a manner specified by the Department of Transportation by rule. Rules adopted for purposes of this subsection shall be designed, as much as possible, to protect the interests of all parties to the transfer. If required under ORS 803.102, the person shall also complete an odometer disclosure statement.

�� (2) Notwithstanding subsection (1) of this section:

�� (a) In the case of a transfer by operation of law of any interest shown on an Oregon title, the personal representative, receiver, trustee, sheriff or other representative or successor in interest of the person whose interest is transferred shall release or assign interest and if required by the department by rule, as provided under ORS 803.102, complete an odometer disclosure statement and shall provide the certificate, if any, and disclosure statement if required to the transferee. The representative or successor shall also provide the transferee with information satisfactory to the department concerning all facts entitling such representative or successor to transfer title. If there is no person to assign interest, the person to whom interest is awarded or otherwise transferred shall be responsible for the requirements of this paragraph.

�� (b) In the case of a transfer at death of the interest of the owner, lessor or security interest holder if the estate is not being probated and title is not being transferred under the provisions of ORS 114.547, interest may be assigned through the use of an affidavit. The affidavit shall be on a form prescribed by the department and signed by all of the known heirs of the person whose interest is being transferred stating the name of the person to whom the ownership interest has been passed. If any heir has not arrived at the age of majority or is otherwise incapacitated, the parent or guardian of the heir shall sign the affidavit. In the case of a transfer under this paragraph, one of the heirs or any other person designated by the department by rule shall complete any odometer disclosure statement required under ORS 803.102.

�� (c) In the case of a transfer at death of the interest of the owner, lessor or security interest holder where transfer occurs under the provisions of ORS 114.547, the affiant as defined in ORS 114.505 is the person required to assign interest. The department may designate by rule the affiant or any other person to complete any odometer disclosure statement required under ORS 803.102.

�� (d) Upon the termination of a lease, in lieu of the lessee releasing interest, the lessor may provide information satisfactory to the department that the lease has been terminated. The lessor shall provide an odometer disclosure statement if required under ORS 803.102. If the lessor does not take possession of the vehicle upon termination of the lease, the information in the odometer disclosure given by the lessor may be taken from an odometer disclosure given by the lessee to the lessor under ORS 803.102 unless the lessor has reason to believe that the disclosure by the lessee does not reflect the actual mileage of the vehicle.

�� (e) A security interest holder or lessor, without the consent of the owner, may assign interest of the holder or lessor in a vehicle to a person other than the owner without affecting the interest of the owner or the validity or priority of the interest. A person not given notice of such assignment is protected in dealing with the security interest holder or lessor as the holder of the interest until the assignee files in accordance with ORS chapter 79A. This paragraph does not exempt such assignments from title transfer requirements.

�� (3) Nothing in this section requires the release or assignment of title upon the creation or termination of a leasehold interest for a vehicle that is proportionally registered under ORS 826.009 or 826.011 if the department is furnished with satisfactory proof of the lease for such vehicle.

�� (4) The department by rule may allow odometer disclosure statements to be on a form other than the certificate of title.

�� (5) Persons subject to the provisions of this section shall provide to the transferee a title certificate, if one has been issued and is in their possession, the release or assignment of interest, and any required odometer disclosure statement. If an odometer disclosure statement is required, the transferee shall provide a signed disclosure to the transferor in a form determined by the department by rule. [1989 c.148 �2; 1991 c.67 �213; 1991 c.873 �13; 1993 c.233 �30; 2001 c.675 �10; 2003 c.655 �103; 2019 c.165 �29]

�� 803.095 [1983 c.338 �189; 1985 c.16 �65; 1985 c.251 �17; 1985 c.300 �4; 1985 c.400 �2; 1985 c.485 �5; 1987 c.750 �4; 1989 c.43 �18; repealed by 1989 c.148 �20]

�� 803.097 Perfection of security interest in vehicle; rules. (1) Except as provided in subsection (5) of this section, the exclusive means for perfecting a security interest in a vehicle is by application for notation of the security interest on the title in accordance with this section. The application may accompany the application for a title or may be made separately at any time prior to issuance of title and must be accompanied by evidence of ownership as defined by the Department of Transportation by rule unless the department is in possession of evidence of ownership when it receives the application. If title to the vehicle has been issued in a form other than a certificate, and the title reflects a security interest, the application for perfection shall include authorization from the previous security interest holder for the new security interest to be recorded on the title. Authorization under this subsection is not required if:

�� (a) A release of interest is submitted by the prior security interest holder or the department is otherwise satisfied that the prior holder no longer holds an interest or is otherwise not entitled to title to the vehicle;

�� (b) The security interest is being added to the title in conjunction with the cancellation of previous title or other action the department takes to correct ownership information reflected on a title; or

�� (c) Title is being transferred by operation of law.

�� (2) When the department processes an application for a security interest the department shall mark on the application or otherwise indicate on the record the date the application was first received by the department. The department shall determine by rule what constitutes receipt of an application for purposes of this subsection.

�� (3) If the department has the evidence required by subsection (1) of this section and if the application contains the name of each owner of the vehicle, the name and address of the secured party and the vehicle identification number of the collateral, the security interest is perfected as of the date marked on the application or indicated in the record by the department. If the application does not contain the information required by this subsection, or if the department does not have the required evidence, the department shall indicate on the application or on the record that the date placed on the application or the record pursuant to subsection (2) of this section is not the date of perfection of the security interest.

�� (4) The security interest remains effective until released or terminated by the secured party.

�� (5) A security interest in a vehicle may not be perfected as described under this section but is subject to the perfection provisions under ORS chapter 79A if:

�� (a) The debtor who granted the security interest is in the business of selling vehicles and the vehicle constitutes inventory held for sale or lease; or

�� (b) The vehicle is exempt from titling requirements under ORS 803.030. [1987 c.750 �2; 1989 c.148 �13; 1993 c.233 �31; 2001 c.445 �184; 2001 c.675 �11a; 2003 c.655 �104; 2012 c.12 �23]

�� 803.098 Certain transactions that do not create security interest. Notwithstanding any other provision of law, in the case of motor vehicles or trailers, a transaction does not create a sale or security interest merely because it provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer. [1993 c.646 �25]

�� 803.100 Application of Uniform Commercial Code. (1) Except as provided in subsection (2) of this section, the rights and remedies of all persons in vehicles subject to security interests established under ORS 803.097 are determined by the provisions of the Uniform Commercial Code.

�� (2)(a) If perfection of a security interest in a vehicle occurs on or before 30 days after attachment of the security interest, the secured party takes priority over the rights of a transferee in bulk or a lien creditor that arise between the time the secured party�s interest attaches and the time of perfection of the security interest.

�� (b) This subsection applies to any security interest in a vehicle that is not a purchase money security interest. [1983 c.338 �190; 1985 c.16 �66; 1989 c.148 �14; 1999 c.818 �3; 2001 c.675 �12; 2003 c.655 �105; 2005 c.261 �1]

�� 803.102 Odometer disclosure statement upon transfer of interest; when required; rules. (1) As used in this section:

�� (a) �Transferee� means any person to whom ownership of a motor vehicle is transferred by purchase, gift or any other means other than by creation of a security interest and any person who, as an agent, signs an odometer disclosure statement for the transferee.

�� (b) �Transferor� means any person who transfers ownership of a motor vehicle by sale, gift or any means other than by creation of a security interest and any person who, as an agent, signs an odometer disclosure statement for the transferor.

�� (2) Except as otherwise provided in this section, upon transfer of any interest in a motor vehicle, an odometer disclosure statement shall be made by the transferor to the transferee. The disclosure shall be in a form that complies with the provisions of ORS 803.120 and shall contain the information required under ORS

ORS 803.025

803.025 or that are exempt from vehicle titling requirements by ORS 803.030. The rules adopted for purposes of this subsection may provide for the titling of categories of vehicles, types of vehicles or otherwise. Upon request of an owner, the department may issue title for a vehicle that meets the requirements of rules adopted under this section.

�� (2) A vehicle that is issued title under this section is subject to the same provisions, conditions, fees and other requirements for titling as are other vehicles under the vehicle code and is subject to ORS 803.040. [1985 c.333 �2; 1993 c.233 �19]

�� 803.036 Optional titling; park model recreational vehicles; rules. (1) As used in this section:

�� (a) �Mobile home park� has the meaning given that term in ORS 446.003.

�� (b) �Park model recreational vehicle� means a recreational vehicle, as defined in ORS 174.101, that:

�� (A) Is designed for use as temporary living quarters;

�� (B) Is built on a single chassis mounted on wheels;

�� (C) Has a gross trailer area that does not exceed 400 square feet;

�� (D) Is more than eight and one-half feet wide;

�� (E) Complies with any manufacturing standards that the Director of Transportation recognizes as being in widespread use and applicable to park model recreational vehicles; and

�� (F) Meets any other requirements imposed by the director by rule.

�� (2) The Department of Transportation, by rule, may provide for optional titling under ORS 803.035 for:

�� (a) Park model recreational vehicles; and

�� (b) Vehicles that no longer meet the definition of park model recreational vehicle, but that:

�� (A) As originally manufactured, met the definition of park model recreational vehicle; and

�� (B) Were first used as living quarters on or before January 1, 2021.

�� (3) The department may not issue a registration for a park model recreational vehicle or former park model recreational vehicle.

�� (4) The department may require an applicant for optional titling to:

�� (a) Provide a manufacturer certificate or other information the department deems adequate for ensuring that the vehicle was constructed in compliance with manufacturing standards described in subsection (1)(b)(E) of this section; and

�� (b) Attest that the vehicle:

�� (A) Is not permanently affixed to land for use as a permanent dwelling; or

�� (B) Is located within a mobile home park.

�� (5) Titles issued under subsection (2)(b) of this section are for the purpose of facilitating the documentation of ownership and sales of park model recreational vehicles. In issuing a title, the department does not make any claims about the suitability, fitness, safety, quality or lawfulness of the vehicle�s use as living quarters or for transportation and does not assume liability for the vehicle�s use for any purpose. [2019 c.585 �2; 2019 c.585 �2a; 2021 c.157 �1]

�� 803.040 Effect of title. (1) If this state has issued title for a vehicle, the vehicle shall remain titled by this state and subject to all of the provisions of the vehicle code relating to vehicles titled by this state until one of the following occurs:

�� (a) The vehicle becomes legally titled under the laws of another jurisdiction.

�� (b) The owner of the vehicle establishes that the vehicle is no longer subject to the vehicle titling requirements under the vehicle code by a method recognized or established by the Department of Transportation.

�� (c) A salvage title is issued for the vehicle.

�� (2) Subsection (1) of this section applies to a vehicle issued title by this state even if one of the following applies to the vehicle:

�� (a) At some time after issuance of the title by this state, the vehicle becomes eligible for an exemption from titling requirements under ORS 803.030 or for any other reason.

�� (b) The issuance of the title was permissive under ORS 803.035.

�� (c) The vehicle is not required to comply with vehicle titling provisions of the vehicle code for any reason. [1985 c.333 �3; 1991 c.873 �30; 1993 c.233 �20]

�� 803.045 Issuance of title; rules. (1) The Department of Transportation shall issue title for a vehicle if the applicant and the vehicle meet the following qualifications:

�� (a) The applicant must satisfy the department that the applicant is the owner of the vehicle and is otherwise entitled to have title issued in the applicant�s name.

�� (b) Except as otherwise provided in ORS 803.050 (2), the applicant must submit a completed and signed application for title described in ORS 803.050.

�� (c) The applicant must pay the fee for issuance of a certificate of title under ORS 803.090 or the fee for issuance of title in another form, as established by the department by rule in accordance with ORS 803.012.

�� (d) If the vehicle is a reconstructed vehicle or an assembled vehicle, the applicant must provide the following information in addition to any other information required under this section:

�� (A) The certificate of title last issued for the frame of the vehicle, a salvage title certificate issued for the vehicle or other evidence of ownership satisfactory to the department.

�� (B) Bills of sale for major components used to build the vehicle.

�� (e) If the vehicle is covered by an Oregon title or salvage title certificate, the applicant shall surrender the Oregon title or salvage title certificate, submit an application as provided under ORS 803.065 or submit other evidence of ownership satisfactory to the department.

�� (f) Unless the department adopts rules to the contrary, if the vehicle is from another jurisdiction, the applicant shall surrender to the department with the application the certificate of title issued by the other jurisdiction, if such jurisdiction requires certificates of title. If such jurisdiction does not require certificates of title, then the applicant shall surrender the registration cards.

�� (g) If required by the department, the applicant must submit proof of ownership as described under ORS 803.205.

�� (h) Other than a racing activity vehicle as defined in ORS 801.404, if the department has reason to believe a vehicle was not certified by the original manufacturer as conforming to federal vehicle standards, the department may require the applicant to provide proof satisfactory to the department that the vehicle conforms to federal vehicle standards.

�� (i) Unless the vehicle is exempted from odometer disclosure requirements, the applicant shall submit an appropriate odometer disclosure form. The department shall determine what constitutes an appropriate form in any particular situation. The department may make exceptions by rule to the requirement for submission of an odometer disclosure form.

�� (2) The department may not issue title for a vehicle:

�� (a) Required by ORS 803.210 to be inspected unless the vehicle has been inspected as described in ORS 803.212 and the inspection fee paid under ORS 803.215.

�� (b) If the current vehicle title, certificate, ownership document or the vehicle record available through electronic record inquiry:

�� (A) Has a junk status;

�� (B) Is a junk title, junk certificate or similar ownership document issued by another jurisdiction; or

�� (C) Has a junk or similar brand or notation.

�� (c) As prescribed in ORS 803.591.

�� (3) The department may adopt any rules it considers necessary for the administration of subsection (2)(a) and (b) of this section. [1983 c.338 �178; 1985 c.16 �61; 1985 c.402 �7; 1985 c.410 �1; 1987 c.146 �5; 1989 c.148 �9; 1991 c.873 �8; 1993 c.233 �21; 2001 c.675 �7; 2003 c.24 �1; 2003 c.655 �100; 2007 c.693 �4; 2019 c.312 �18; 2019 c.645 �8]

�� 803.050 Application; contents. (1) An application for title required under ORS 803.045 shall be in a form specified by the Department of Transportation and shall contain all the following:

�� (a) A full description of the vehicle, including, but not necessarily limited to, the vehicle identification number.

�� (b) The name of the owner of the vehicle or other person whose name is to be shown on the title.

�� (c) The identity of any security interests in order of priority.

�� (d) The identity of the interest of any lessor.

�� (e) A disclosure of whether the vehicle is a replica or is specially constructed, reconstructed or assembled. If the title and registration records of the department already indicate that a vehicle is a replica or is specially constructed, reconstructed or assembled, disclosure under this subsection is not required unless the vehicle has been changed since title for the vehicle was last transferred.

�� (f) If the title application shows a leasehold interest, the lessor shall designate whether the lessor or the lessee is to be shown on the title as the owner of the vehicle.

�� (g) Any other information required by the department.

�� (2) Notwithstanding subsection (1) of this section, the department may accept an application that does not contain everything required by this section if the department is satisfied as to the ownership of the vehicle. [1983 c.338 �180; 1985 c.16 �62; 1985 c.251 �15; 1985 c.300 �1; 1985 c.402 �8a; 1987 c.750 �3a; 1989 c.148 �10; 1991 c.551 �2; 1991 c.873 �9; 1993 c.233 �22]

�� 803.053 Expedited titling; vehicle dealers; rules; fee. (1) At the request of a vehicle dealer, the Department of Transportation shall provide expedited titling services if the vehicle dealer pays the fee imposed under this section. A request under this section must be made in the manner required by the department. The department shall adopt rules establishing criteria and procedures for providing expedited titling services under this section.

�� (2) The fee for providing an expedited title under this section is $100. [2014 c.14 �2]

�� Note: 803.053 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 803 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 803.055 Delivery of evidence of title; rules. (1) When a certificate of title is issued by this state, the Department of Transportation shall deliver the certificate as follows unless otherwise provided by law:

�� (a) To the security interest holder with the highest priority.

�� (b) If there are no security interest holders, to the lessor.

�� (c) If there are no security interest holders or lessors, to the owner of the vehicle.

�� (2) When a salvage title certificate is issued by this state, the department shall deliver the certificate to the owner of the vehicle.

�� (3) The department may determine by rule whether, when, how and to whom titles issued in a form other than a certificate shall be delivered. [1983 c.338 �181; 1985 c.16 �63; 1991 c.873 �31; 1993 c.233 �23]

�� 803.060 Renewal. A title does not require a renewal and is valid until one of the following occurs:

�� (1) The vehicle is destroyed or dismantled.

�� (2) Any interest reflected on the title changes. [1983 c.338 �182; 1985 c.316 �1; 1993 c.233 �24; 2019 c.17 �5]

�� 803.065 Duplicate or replacement certificate; fee; application; rules. (1) The Department of Transportation may issue a duplicate or replacement certificate of title when all of the following occur:

�� (a) The department is satisfied as to the loss, mutilation or destruction of a certificate of title or salvage title certificate.

�� (b) The fee for issuance of a duplicate or replacement certificate of title or for a salvage title certificate established under ORS 803.090 is paid.

�� (2) The department may accept an application for a duplicate or replacement title certificate at the time of any transfer of a vehicle under ORS 803.092. The following apply to this subsection:

�� (a) The department shall only accept the application if, at the time of transfer, the title certificate is lost, mutilated or destroyed.

�� (b) When the department accepts an application, the department may accept proof of transfer other than the certificate of title or may accept a certificate of title that has not been completed along with other proof of transfer for purposes of transferring a vehicle under ORS 803.092. The department may accept any proof of transfer under this paragraph that establishes to the satisfaction of the department that the vehicle has been transferred including, but not limited to, statements of release of interest, bills of sale, assignments of interest or other similar proof.

�� (c) If an application is made under this subsection, the fee for duplicate or replacement title certificate under ORS 803.090 shall be paid in addition to the transfer fee under ORS 803.090.

�� (d) The department may include the form for application under this subsection as part of the form for transfer of a vehicle or may make the forms separate, as the department finds convenient.

�� (e) The department is not required by this subsection to issue a duplicate or replacement title before transfer, but may withhold issuance of title until new title is issued upon completion of transfer.

�� (f) The department may adopt rules to establish procedures and requirements for effecting a transfer under ORS 803.092 when application is made under this subsection at the same time. [1983 c.338 �183; 1985 c.174 �1; 1985 c.300 �2; 1989 c.148 �11; 1991 c.873 �10]

(Offenses)

�� 803.070 False statement in application or assignment; penalty. (1) A person commits the offense of false statement on title or transfer of vehicle if the person knowingly makes any false statement of a material fact in an application for title to a vehicle, in an application for salvage title for a vehicle or in any assignment of title to a vehicle.

�� (2) The offense described in this section, false statement on title or transfer of vehicle, is a Class A misdemeanor. [1983 c.338 �184; 1985 c.393 �1; 1991 c.873 �32; 1993 c.233 �25; 1993 c.751 �21]

�� 803.075 False swearing prohibited; penalty. (1) A person commits the offense of false swearing relating to titling of vehicles if the person knowingly makes any false affidavit or knowingly swears or affirms falsely to any matter or thing relating to the titling of vehicles under the vehicle code. For purposes of this section, �titling of vehicles� includes, but is not necessarily limited to, matters and things related to salvage titles for vehicles issued by the Department of Transportation.

�� (2) Penalties relating to submitting a false odometer reading relating to the titling of a vehicle shall be as provided under ORS 815.430.

�� (3) The offense described in this section, false swearing relating to titling of vehicles, is a Class A misdemeanor. [1983 c.338 �185; 1985 c.251 �16; 1985 c.393 �2; 1991 c.873 �33; 1993 c.233 �26; 1993 c.751 �22]

�� 803.080 Unlawfully publishing certificate of title forms prohibited; penalty. (1) A person commits the offense of unlawfully publishing certificate of title forms if the person produces in any way, or causes to be produced, without the authority of the Department of Transportation, facsimiles of the blank forms upon which the department issues certificates of title or salvage title certificates.

�� (2) The offense described in this section, unlawfully publishing certificate of title forms, is a Class C felony. [1983 c.338 �186; 1991 c.873 �34]

�� 803.085 Selling untitled vehicle prohibited; penalty. (1) A person commits the offense of selling an untitled vehicle if the person sells a vehicle without complying with the requirements under ORS 803.025 and 803.045 to obtain a title for the vehicle or the requirements of ORS 819.016 to obtain a salvage title for the vehicle, as appropriate.

�� (2) The offense described in this section, selling an untitled vehicle, is a Class A misdemeanor. [1983 c.338 �187; 1985 c.393 �3; 1991 c.873 �35; 1993 c.233 �27]

(Fees)

�� 803.090 Fees for certificate of title. (1) Except as provided in subsection (2) of this section, the fee to issue a certificate of title under ORS 803.045 or 803.140, to transfer title under ORS

ORS 803.112

803.112 and this section in a way that is efficient and convenient for the public and the department. Rules under this section may include, but need not be limited to, rules authorizing the department to remove information recorded under this section, specifying circumstances under which information submitted need not be recorded and specifying circumstances under which the department provides a receipt of notification that an interest in a vehicle has been transferred. [1995 c.516 �3; 2003 c.121 �2; 2009 c.579 �2]

�� 803.114 Knowingly submitting false notice of transfer; penalty. (1) A person commits the offense of knowingly submitting false notice of transfer if the person submits a notice of transfer of an interest in a vehicle as described in ORS 803.112 to the Department of Transportation and the person knows that the interest in the vehicle has not been transferred.

�� (2) The offense described in this section, knowingly submitting false notice of transfer, is a Class C misdemeanor. [1995 c.516 �4]

�� 803.115 [1983 c.338 �192; 1989 c.992 �30; 1993 c.233 �36; renumbered 803.108 in 1997]

�� 803.116 Knowingly submitting false information about transfer of interest in vehicle; penalty. (1) A person commits the offense of knowingly submitting false information about transfer of a vehicle if the person submits a notice of transfer of an interest in a vehicle as described in ORS 803.112 to the Department of Transportation and the person knows that some or all of the information contained in the notice is false.

�� (2) The offense described in this section, knowingly submitting false information about transfer of a vehicle, is a Class C misdemeanor. [1995 c.516 �5]

�� 803.117 Effect of notice of transfer on civil and criminal liability. A transferor who has delivered possession of a vehicle to a transferee may not, by reason of any of the provisions of the Oregon Vehicle Code, be subject to civil liability or criminal liability for the parking, abandoning or operation of the vehicle by another person when the transferor has:

�� (1) Notified the Department of Transportation of the transfer; and

�� (2) Assigned the title to the transferee. [1995 c.516 �6; 1997 c.249 �275; 2003 c.121 �3; 2009 c.579 �1]

(Odometer Disclosure)

�� 803.120 Odometer disclosure; contents of form. (1) When an odometer disclosure is required by statute or by the Department of Transportation, the disclosure or reading shall be provided in a form required by the department by rule. The department may require different forms for different situations and may require different information to be disclosed for different purposes.

�� (2) Any form authorized by the department for use as an odometer disclosure upon transfer of an interest in a vehicle shall refer to the federal law requiring disclosure of odometer information and shall state that failure to complete the disclosure form, or providing false information on the form, may result in a fine or imprisonment.

�� (3) Any form authorized by the department for use as an odometer disclosure upon transfer of an interest in a vehicle shall provide a way for the transferor to indicate, to the best of the transferor�s knowledge, which of the following is true:

�� (a) That the odometer reading reflects the actual mileage of the vehicle;

�� (b) That the odometer reading reflects an amount of mileage in excess of the designed mechanical odometer limit; or

�� (c) That the odometer reading does not reflect actual mileage and should not be relied on.

�� (4) An odometer disclosure required upon transfer of an interest in a vehicle shall be made on the vehicle title unless the department provides otherwise by rule. [1991 c.873 �3; 2013 c.659 �3; 2023 c.400 �24a]

�� 803.122 Information required; rules. (1) When an odometer disclosure is required at time of transfer of a vehicle, the transferee and the transferor shall both sign the odometer disclosure form and the transferor shall provide as much of the following as is required by the Department of Transportation by rule:

�� (a) The odometer reading at the time of transfer, excluding tenths of miles.

�� (b) The date of transfer.

�� (c) The transferor�s name, which shall be printed, and current address.

�� (d) The transferee�s name, which shall be printed, and current address.

�� (e) The identity of the vehicle, including its make, model, year and body type and the vehicle identification number.

�� (f) Any other information that the department determines by rule would further the purposes of the odometer disclosure requirements.

�� (2) In addition to providing the information required by subsection (1) of this section, the transferor shall indicate, in a manner determined by the department, which of the statements described in ORS 803.120 (3) is accurate. [1991 c.873 �4]

�� 803.124 Rules for issuance of forms; agreements for provision of forms; fee. (1) The Department of Transportation may adopt rules providing for issuance of any forms it considers necessary or convenient for assigning or conveying interests in vehicles and any forms it considers necessary or convenient for providing required odometer disclosures. The authority granted by this section includes, but is not necessarily limited to, authority to enter into agreements authorizing others to provide the forms authorized by this section to the public.

�� (2) The department may establish fees for providing forms authorized by this section. Fees shall be designed to recover the cost of producing and providing the forms. An agreement entered into by the department for the purpose of providing forms authorized by this section to the public may provide for a fee to be charged by the person providing the forms. [1991 c.873 �6]

�� 803.126 Odometer disclosure without title application; fee. (1) The Department of Transportation by rule may allow the filing of documents related to odometer disclosure without an accompanying application for issuance or transfer of title. The department may determine situations in which such documents may be filed and what documents are acceptable.

�� (2) A person filing an odometer disclosure statement under this section shall pay a fee of $4. [1991 c.873 �6a]

(Transitional Ownership Records)

�� 803.130 Purpose of record. The purpose of a transitional ownership record is to enable security interests to be perfected in a timely manner when the primary ownership record is not available. [1989 c.927 �7; 1993 c.233 �41]

�� 803.132 Circumstances under which transitional ownership record acceptable as ownership record. A transitional ownership record is acceptable as an ownership record only if the primary ownership record is not in the possession of the selling dealer, new security interest holder or the agent of either at the time the transitional ownership record is submitted to the Department of Transportation. [1989 c.927 �8; 1993 c.233 �42; 1995 c.309 �1; 1999 c.818 �1]

�� 803.134 Fee. A person submitting a transitional ownership record to the Department of Transportation shall pay a fee of $13 to the department. The fee shall be paid at the time of submission of the record unless the department by rule establishes alternative payment methods. [1989 c.927 �6; 1993 c.233 �43]

�� 803.136 Mandatory rejection, return or invalidation of record by department. The Department of Transportation shall reject, return or subsequently invalidate a transitional ownership record if:

�� (1) More than 30 days have elapsed between the date of sale or if no sale is involved, the date the contract or security interest being perfected was signed and the date the transitional ownership record is received by the department;

�� (2) The transitional ownership record does not contain all of the information specified in ORS 801.562;

�� (3) It is determined that persons named on the transitional ownership record as having a security interest did not have a security interest on the date the transitional ownership record was received;

�� (4) It is determined the person who submitted the transitional ownership record made false statements in completing the transitional ownership record;

�� (5) The department does not receive the primary ownership record within 90 days from the date of sale or if no sale is involved, from the date the security agreement or contract was signed;

�� (6) The security interest holder or person submitting the transitional ownership record elects to retain it, requests it be returned or requests that the transitional ownership record be withdrawn; or

�� (7) The information on or in the transitional ownership record has been changed or altered in a manner that is not acceptable to the department. [1989 c.927 �9; 1993 c.233 �44; 1995 c.309 �2; 1999 c.818 �2; 2005 c.261 �2]

�� 803.138 Discretionary rejection, return or invalidation of record by department. The Department of Transportation may reject, return or subsequently invalidate a transitional ownership record if:

�� (1) It is determined that title is to be issued to someone other than the person shown on the transitional ownership record;

�� (2) Interests reflected on the primary ownership record or in information submitted in conjunction with that record conflict with the interests as reflected on the transitional ownership record; or

�� (3) The person submitting the transitional ownership record has failed to submit the fee required by ORS 803.134 or to comply with an alternative payment method established by the department under ORS 803.134. [1989 c.927 �10; 1993 c.233 �45]

(Salvage Titles)

�� 803.140 Application; certificate; rules. (1) When a person is required by the provisions of ORS 819.016 to apply for a salvage title for a vehicle, the application shall be in a form acceptable to the Department of Transportation and shall contain any information required by the department by rule. Rules adopted by the department may include, but need not be limited to, provisions for accepting an application under this section that does not contain all the information otherwise required, if the department is satisfied as to ownership of the vehicle.

�� (2) The department may design a salvage title certificate for vehicles and by rule may prescribe the contents of the certificate. A salvage title certificate shall be produced by a secure process that meets or exceeds the requirements of federal law.

�� (3) The department may issue a salvage title certificate to a person who submits an application that meets the requirements imposed by the department under this section and submits the fee required under ORS 803.090.

�� (4) The department may adopt any rules it considers necessary for the administration of the salvage title process. The rules may include, but need not be limited to, rules specifying:

�� (a) Permissible uses of a salvage title certificate.

�� (b) Requirements for replacement or surrender of a salvage title certificate or for issuance of a new certificate.

�� (c) Records that will be kept by the department.

�� (d) Forms of salvage title other than certificates. [1991 c.873 �28; 1993 c.233 �37]

PROVISIONS APPLICABLE TO BOTH TITLE AND REGISTRATION

(Generally)

�� 803.200 Residency; criteria; exception; camper on vehicle. This section establishes when the exemptions under ORS 803.030 and 803.305 from titling and registration of vehicles owned by nonresidents are applicable. The applicability of the described exemptions for nonresident owners of vehicles is subject to all of the following:

�� (1) A person is a resident of this state for purposes of titling and registering vehicles if the person engages in any gainful employment in this state or takes any action to indicate the acquiring of residence in this state during the period of sojourn in this state by doing any of the following:

�� (a) Remaining in this state for a consecutive period of six months or more regardless of the domicile of the person.

�� (b) Placing children in a public school without payment of nonresident tuition fees.

�� (c) Making a declaration to be a resident of this state for the purpose of obtaining, at resident rates, a state license or tuition fees at an educational institution maintained by public funds.

�� (d) Maintaining a main office, branch office or warehouse facilities in this state and operating motor vehicles in this state.

�� (e) Operating motor vehicles in intrastate transportation for compensation or profit for other than seasonal agricultural work.

�� (2) Notwithstanding subsection (1) of this section, private passenger motor vehicle owners who are bona fide residents of states adjoining this state shall be permitted to operate their vehicles in this state for so long as such motor vehicles remain currently registered and titled in an adjoining state.

�� (3) A camper on a motor vehicle described in this section shall be subject to registration or titling under the vehicle code at the same time that such motor vehicle becomes subject to registration and titling under this section.

�� (4) Notwithstanding subsection (1) of this section, a person who is gainfully employed in this state shall not be considered a resident of the state if the person has taken no other steps to become a resident. This subsection applies, but is not limited, to a student at an educational institution who is paying nonresident tuition rates. [1983 c.338 �198; 1993 c.751 �87]

�� 803.203 Proof of payment of taxes. (1) A person that purchases a taxable motor vehicle from a seller that is not subject to the privilege tax imposed under ORS 320.405 may not register or title the taxable motor vehicle in Oregon unless the person provides proof that:

�� (a) The person paid the use tax imposed under ORS 320.410;

�� (b) The person is not required to pay the use tax for the reasons provided in ORS 320.410 (4); or

�� (c) The taxable motor vehicle was purchased and titled by a car rental company as defined in ORS 803.219 using an electronic integrator.

�� (2) The person shall provide the proof described in subsection (1) of this section to the Department of Transportation in the manner established by the department by rule. [2017 c.750 �109; 2019 c.491 �12]

�� Note: 803.203 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 803 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 803.205 Proof of ownership or security interest on transfer or application for title or registration; affidavit. (1) The Department of Transportation may require proof under this section if the department determines the proof is necessary to resolve questions concerning vehicle ownership or undisclosed security interests in the transfer of any vehicle under ORS 803.092, in an application for issuance of title under ORS 803.045 or in an application for registration of a vehicle under ORS

ORS 803.120

803.120, if a disclosure is otherwise required.

�� (4) Any other information required by the department.

�� (5) If the application is for registration or reregistration of a vehicle that is subject to the federal heavy vehicle use tax, proof that the federal use tax has been paid. The department shall adopt rules to determine proof that will be acceptable for purposes of this subsection.

�� (6) A statement:

�� (a) That the applicant is domiciled in this state as described in ORS 803.355 if the applicant is required by ORS 803.360 to be domiciled in this state in order to register a vehicle in the state; and

�� (b) That so long as the vehicle remains registered to the applicant in this state, the applicant will remain domiciled in this state if required to do so in order to register the vehicle.

�� (7) A statement:

�� (a) That the vehicle qualifies under ORS 803.360 (2) for registration in this state, if the owner is not domiciled in this state and is not required by ORS 803.200, or any other provision of law, to register the vehicle in this state; and

�� (b) That so long as the vehicle remains registered to the applicant under the provisions of ORS

ORS 803.203

803.203 for the purpose of ascertaining the correctness of the return or for the purpose of making an estimate of the taxable sales of the taxpayer. [2017 c.750 �101]

�� 320.465 Subpoena authority of Department of Revenue; enforcement; contempt of court. (1) The Department of Revenue may, by order or subpoena to be served with the same force and effect and in the same manner as a subpoena is served in a civil action in the circuit court or the Oregon Tax Court, require the production at any time and place the department designates of any books, papers, accounts or other information necessary to carry out ORS 320.400 to 320.490 and 803.203. The department may require the attendance of any individual having knowledge in the premises, and may take testimony and require proof material for the information, with power to administer oaths to the individual.

�� (2)(a) If an individual fails to comply with a subpoena or order of the department or to produce or permit the examination or inspection of any books, papers, records and equipment pertinent to an investigation or inquiry under ORS 320.400 to

ORS 803.350

803.350.

�� (2) Under this section, the department may require any proof sufficient to satisfy the department concerning the questions about the ownership of the vehicle or security interests in the vehicle. The proof required by the department may include, but is not limited to, completion of an affidavit that:

�� (a) Is in a form required by the department by rule;

�� (b) Contains any information the department requires by rule as necessary to establish ownership of the vehicle or to determine any security interests in the vehicle; and

�� (c) Is verified by the person making the affidavit.

�� (3) The department is not liable to any person for issuing title or registering a vehicle based on proof provided under this section.

�� (4) Nothing in this section affects any power of the department to refuse to issue or to revoke title or registration. [1983 c.338 �199; 1989 c.148 �16; 1993 c.233 �38; 2001 c.675 �13; 2003 c.655 �106]

�� 803.206 Electronically transmitted documents for title, registration or odometer disclosure; rules. (1) As used in this section, �electronic signature� has the meaning given that term in ORS 84.004.

�� (2) The Department of Transportation may receive electronically transmitted documents necessary to:

�� (a) Issue or transfer a certificate of title for a vehicle;

�� (b) Register a vehicle or transfer registration of a vehicle;

�� (c) Issue a registration plate; or

�� (d) Comply with odometer disclosure requirements.

�� (3) Except as required in ORS 803.094 and 803.205 for affidavits, an acknowledgement before a notary public is not required when a document or signature is transmitted electronically under this section. When an affidavit is required under ORS

ORS 803.460

803.460 or 811.725 to provide proof of compliance with financial responsibility requirements shall certify proof of compliance in a manner prescribed by the Department of Transportation by rule and shall provide any information that the department requires. [1983 c.338 �854; 1985 c.714 �4; 1987 c.158 �166; 1993 c.751 �30; 2003 c.364 �172; 2019 c.312 �3]

�� 806.190 Insurance carrier report of person involved in accident who is in violation of ORS 806.010; civil liability. (1) Every insurance carrier that issues property and casualty insurance policies, as defined in ORS chapter 731, in this state shall report to the Department of Transportation any person the carrier has reason to believe is involved in an accident while the person is operating a vehicle in violation of ORS 806.010. The carrier shall make the report required by this section whether or not the accident:

�� (a) Is a reportable accident under ORS 811.720; or

�� (b) Occurred on a highway or on any other premises open to the public.

�� (2) An insurance carrier shall file the report no later than 60 days after the carrier first has reason to believe that a person was involved in an accident while the person was operating a vehicle in violation of ORS 806.010.

�� (3) No civil liability shall accrue to an insurance carrier or any of its employees for reports made to the department under this section when the reports are made in good faith. [Formerly 486.097 and then 743.774; 2001 c.827 �6; 2003 c.364 �173; 2009 c.257 �4]

�� 806.195 Information submitted by insurers; rules; use. (1) The Department of Transportation shall specify by rule:

�� (a) Any information that insurers shall submit to the department in addition to that specifically required by ORS 742.580.

�� (b) The form in which the information required by ORS 742.580 and by rules adopted under this section shall be submitted.

�� (2) Information submitted to the department in accordance with ORS 742.580 and with rules adopted under this section shall be:

�� (a) Entered into a computer system maintained by the department; and

�� (b) Made available to police officers in the most timely and efficient way possible. [1993 c.746 �6; 2001 c.104 �301]

FUTURE RESPONSIBILITY FILINGS

�� 806.200 Failure to file after accident; penalty. (1) A person commits the offense of failure to make a future responsibility filing after an accident if:

�� (a) The person is the owner or driver of a motor vehicle involved in an accident;

�� (b) At the time of the accident the vehicle was operated in violation of ORS 806.010;

�� (c) The person does not make a future responsibility filing within 30 days after the accident; and

�� (d) The person is not exempt under ORS 806.210 from making a future responsibility filing.

�� (2) The employer of a driver is subject to the requirements and penalties under this section if the driver is an employee exempted from this section under ORS 806.210.

�� (3) In addition to any other penalties under this section, violation of this section subjects the violator to suspension of driving privileges as provided under ORS 809.415.

�� (4) The offense described in this section, failure to make a future responsibility filing after an accident, is a Class B traffic violation. [1983 c.338 �855; 1985 c.393 �63; 2003 c.402 �14; 2009 c.257 �5; 2021 c.630 �88]

�� 806.210 Exemption from requirement to file after accident. As appropriate, the driver or the owner, or both, are exempt from the requirement under ORS 806.200 to make a future responsibility filing if the person claiming exemption furnishes to the Department of Transportation proof of any of the following:

�� (1) At the time of the accident the driver was operating a vehicle owned by or leased to and operated under the direction of the United States of America, this state or any municipality or subdivision thereof.

�� (2) At the time of the accident the vehicle was lawfully parked.

�� (3) Such liability as may arise from the driver�s operation of the vehicle involved in the accident was covered by some form of liability insurance which complies with the financial responsibility requirements.

�� (4) The owner of the vehicle involved in the accident was a self-insurer under ORS 806.130.

�� (5) The vehicle involved in the accident was being operated under a permit issued by the department under ORS chapter 825.

�� (6) At the time of the accident the owner�s vehicle was being operated without the owner�s permission, expressed or implied, or was parked by a person who had been operating such vehicle without the owner�s permission unless the vehicle at the time of its taking had been left unattended in a condition prohibited by a regulation or ordinance designed to prevent the operation of vehicles by unauthorized persons. This subsection only exempts owners of vehicles who qualify.

�� (7) At the time of the accident, the driver was operating a vehicle owned, operated or leased by the driver�s employer with the permission of that employer. This subsection only exempts drivers of vehicles. Owners remain subject as provided under ORS

ORS 803.555

803.555. [1983 c.338 �260; 1985 c.16 �101; 1993 c.741 �121; 2007 c.564 �4]

�� 803.537 [1987 c.572 �5; 1989 c.742 �5; repealed by 1993 c.741 �147]

�� 803.538 Color of sky in graphic plates. Registration plates chosen by the commission pursuant to section 1, chapter 572, Oregon Laws 1987, shall have the colors chosen by the commission except that the sky shall be blue. [1989 c.742 �4]

�� 803.540 Failure to display plates; exceptions; penalty. (1) A person commits the offense of failure to display registration plates if the person operates, on the highways of this state, any vehicle or camper that has been assigned registration plates by this state and the registration plates assigned to the vehicle or camper are displayed in a manner that violates any of the following:

�� (a) The plate must be displayed on the rear of the vehicle, if only one plate is required.

�� (b) Plates must be displayed on the front and rear of the vehicle if two plates are required.

�� (c) The plates must be in plain view and so as to be read easily by the public.

�� (d) The plate must not be any plate that does not entitle the holder thereof to operate the vehicle upon the highways.

�� (2) A person is not in violation of this section if the person is operating a vehicle or camper under and in accordance with the requirements for any of the following:

�� (a) A temporary application permit issued under ORS 803.615.

�� (b) An agent temporary registration permit issued under ORS 803.625.

�� (c) Provisions established under ORS 826.007, 826.009 or 826.011 for the display of registration plates or other evidence of registration on vehicles that are proportionally registered under ORS 826.009 or 826.011.

�� (3) The offense described in this section, failure to display registration plates, is a Class D traffic violation. [1983 c.338 �261; 1985 c.668 �13; 1989 c.43 �28; 1995 c.383 �6]

�� 803.545 Failure to display out-of-state plates; penalty. (1) A person commits the offense of failure to display plates on an out-of-state vehicle if the person operates a vehicle that is registered in any jurisdiction other than this state and the person does not display the registration plates assigned to and furnished for the vehicle by the registering jurisdiction:

�� (a) For the current registration period in that jurisdiction; and

�� (b) Substantially as provided under ORS 803.540 for vehicles that are registered by this state.

�� (2) This section does not allow the display of out-of-state registration plates on a vehicle when the vehicle is required to be registered in this state by ORS 803.325.

�� (3) The offense described in this section, failure to display plates on an out-of-state vehicle, is a Class C traffic violation. [1983 c.338 �262; 1985 c.16 �102; 1985 c.401 �8]

�� 803.550 Illegal alteration or display of plates; exception; penalty. (1) A person commits the offense of illegal alteration or illegal display of a registration plate if the person knowingly does any of the following:

�� (a) Illegally alters a registration plate in a manner described in subsection (2) of this section.

�� (b) Causes a registration plate to be illegally displayed as described in subsection (3) of this section.

�� (c) Operates any vehicle that is displaying a registration plate that is illegally altered in a manner described in subsection (2) of this section or that is illegally displayed as described in subsection (3) of this section.

�� (d) Owns and causes or permits a vehicle to display a registration plate that is illegally altered in a manner described in subsection (2) of this section or that is illegally displayed as described in subsection (3) of this section.

�� (2) A registration plate is illegally altered for purposes of this section if the plate has been altered, modified, covered or obscured in any manner including, but not limited to, the following:

�� (a) Any change of the color, configuration, numbers, letters or material of the plate.

�� (b) Any material or covering, other than a frame or plate holder, placed on, over or in front of the plate that alters the appearance of the plate.

�� (c) Any frame or plate holder that obscures the numbers, letters or registration stickers, so as to render them unreadable.

�� (3) A registration plate is illegally displayed for purposes of this section if the plate:

�� (a) Is displayed on a vehicle other than the vehicle for which the plate was issued; or

�� (b) Displays registration stickers that contain an expiration date that is different from the expiration date shown upon the vehicle registration records of the Department of Transportation.

�� (4) Subsection (2) of this section does not apply to the following:

�� (a) Any placement of registration stickers described under ORS 803.555.

�� (b) Any public official who displays or performs any alteration of a registration plate in the course of official duties.

�� (c) Any special interest registration plate approved under ORS 805.210.

�� (5) Subsection (3)(a) of this section does not apply to a vehicle dealer authorized to use and operate vehicles displaying the dealer�s plates under ORS 822.040.

�� (6) A person does not commit the offense of illegal alteration or illegal display of a registration plate if, at the time the conduct described in subsection (3)(b) of this section occurs, the person has proof of registration of the vehicle but has not yet received new registration stickers from the department. The proof of vehicle registration is valid 30 days from the date of issuance. The department shall adopt rules regarding what constitutes proof of vehicle registration under this subsection.

�� (7) The court shall dismiss any charge under this section if, prior to the court appearance date listed on the citation, the person charged delivers to the clerk of the court named on the citation proof of registration of the vehicle at the time of the violation.

�� (8) The offense described in this section, illegal alteration or illegal display of a registration plate, is a Class B traffic violation. [1985 c.243 �2; 2007 c.192 �1; 2015 c.154 �1]

�� 803.552 Car rental company; issuance of plates; fees; rules. (1) As used in this section:

�� (a) �Car rental company� has the meaning given that term in ORS 803.219.

�� (b) �Integrator� has the meaning given that term in ORS 802.600.

�� (2) If the Department of Transportation receives an application for vehicle registration from a car rental company that was submitted to an integrator and the application does not include the primary ownership record for the motor vehicle, the department may issue registration plates for the vehicle if the conditions described in subsection (3) of this section are met.

�� (3) Before the department may issue registration plates under subsection (2) of this section, a car rental company must:

�� (a) Possess a valid Oregon vehicle dealer certificate issued under ORS 822.020;

�� (b) Certify that the car rental company has not received the primary ownership record for the vehicle as of the date the application is submitted; and

�� (c) Meet any other requirements adopted by the department by rule.

�� (4) In addition to any fee for registration or issuance of registration plates, the department may charge a fee for providing the services authorized by this section. The department shall establish the amount of the fee by rule.

�� (5) The department shall adopt rules to carry out the provisions of this section. [2019 c.348 �2; 2023 c.400 �39]

�� Note: 803.552 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 803 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

(Stickers)

�� 803.555 Replacement. The owner of a registered vehicle to which registration stickers are assigned may replace a registration sticker that is lost, destroyed or mutilated in a manner that renders illegible any identification of the sticker. To replace a registration sticker under this section, the owner must apply to the Department of Transportation for a replacement of the damaged or lost sticker in a form prescribed by the department and pay the replacement sticker fee established under ORS 803.575. The application must state the facts of the damage, destruction or loss of the stickers. The stickers issued under this section are valid only for the period of the stickers replaced. Provision for replacement of registration plates is made under ORS 803.530. [1983 c.338 �267; 1985 c.16 �107; 1985 c.174 �6; 1989 c.76 �3; 1993 c.741 �122]

�� 803.560 Improper display; exception; penalty. (1) A person commits the offense of improper display of validating stickers if the person owns or drives a vehicle on which the display of registration stickers provides proof of valid registration and:

�� (a) The stickers are not displayed in a manner required by the Department of Transportation; or

�� (b) The stickers are displayed on the vehicle after the registration period shown on the stickers.

�� (2) A person does not commit the offense of improper display of validating stickers if, at the time the conduct described in subsection (1) of this section occurs, the person has proof of registration of the vehicle but has not yet received new registration stickers from the department. The proof of vehicle registration is valid 30 days from the date of issuance. The department shall adopt rules regarding what constitutes proof of vehicle registration under this subsection.

�� (3) The court shall dismiss any charge under this section if, prior to the court appearance date listed on the citation, the person charged delivers to the clerk of the court named on the citation proof of registration of the vehicle at the time of the violation.

�� (4) The offense described in this section, improper display of validating stickers, is a Class D traffic violation. [1983 c.338 �268; 1993 c.751 �27; 2015 c.154 �2]

�� 803.565 Removal of stickers upon sale of vehicle by dealer or towing business. (1) Except as provided in subsections (2) and (3) of this section, when a person who has a vehicle dealer certificate issued under ORS 822.020 or a towing business certificate issued under ORS 822.205 sells a motor vehicle that has valid Oregon registration plates, the person shall remove the registration stickers from the registration plates of the vehicle if the vehicle:

�� (a) Has a gross vehicle weight rating of 10,000 pounds or less;

�� (b) Is designed to carry passengers; and

�� (c) Is not a motorcycle, moped or snowmobile.

�� (2) A person who has a vehicle dealer certificate issued under ORS 822.020 need not remove registration stickers under subsection (1) of this section if:

�� (a) The person submits title and registration documents to the Department of Transportation on behalf of the buyer of the vehicle; or

�� (b) The person sells the vehicle to another person who has a vehicle dealer certificate issued under ORS 822.020.

�� (3) A person who has a towing business certificate issued under ORS 822.205 need not remove registration stickers under subsection (1) of this section if the person sells the vehicle to a person who has a vehicle dealer certificate issued under ORS

ORS 803.570

803.570, together with a fee of $12.

�� (6) A fee paid under subsection (2), (4) or (5) of this section includes the cost of any duplicate or replacement registration card issued. [1983 c.338 �271; 1985 c.16 �110; 1985 c.174 �8; 1985 c.736 �2; 1987 c.750 �8; 1993 c.751 �95; 1999 c.1009 �1; 2001 c.668 �2; 2019 c.17 �4; 2023 c.232 �6]

�� 803.577 Fee for identification device for proportionally registered vehicle. Except as otherwise specifically provided by law, the Department of Transportation shall collect the fee described by this section each time the department issues an identification device for the proportional registration of a vehicle. The following apply to the fee established by this section:

�� (1) The fee shall be in addition to any other fee collected upon issuance of a registration plate.

�� (2) The fee for each device issued shall be determined by the department and shall be established by the department by rule.

�� (3) The department shall establish the fees under this section based on cost. [1991 c.284 �26]

�� 803.580 [1983 c.338 �220; repealed by 1987 c.750 �12]

�� 803.585 Registration fees in lieu of certain other taxes and licenses; exemptions. (1) Except as otherwise provided in this section or ORS 801.041 or 801.042, the registration fees under the vehicle code are in lieu of all other taxes and licenses, except municipal license fees under regulatory ordinances, imposed on vehicles, the owners of such vehicles or the use of or any privilege related to such vehicles. Fixed load vehicles are not exempt from ad valorem taxation by this section.

�� (2) Travel trailers subject to registration and titling under the vehicle code are not subject to ad valorem taxation, but may be reclassified as manufactured structures and made subject to taxation as provided in ORS 308.880.

�� (3) This section does not apply to the privilege tax imposed under ORS 320.405 or the use tax imposed under ORS 320.410. [1983 c.338 �221; 1989 c.864 �8; 1991 c.459 �438h; 2003 c.655 �115; 2017 c.750 �117]

�� 803.590 [1983 c.338 �219; 1985 c.253 �2; 1987 c.750 �9; 1989 c.43 �29; 1989 c.103 �1; 1989 c.723 �12; 1993 c.751 �96; 2003 c.655 �116; 2005 c.770 �4; repealed by 2019 c.17 �6]

(Diesel Engines)

�� 803.591 Requirements for vehicles with diesel engines; exceptions; rules. (1) As used in this section and ORS 803.593:

�� (a) �Diesel engine� has the meaning given that term in ORS 468A.795.

�� (b) �Heavy-duty truck� has the meaning given that term in ORS 468A.795.

�� (c) �Medium-duty truck� has the meaning given that term in ORS 468A.795.

�� (d) �Public body� has the meaning given that term in ORS 174.109.

�� (2) On and after January 1, 2025, the Department of Transportation may not issue a certificate of title for the following motor vehicles if the address of the owner of the motor vehicle is located within Multnomah, Clackamas or Washington County:

�� (a) A medium-duty truck powered by a model year 2009 or older diesel engine.

�� (b) A heavy-duty truck powered by a model year 2006 or older diesel engine.

�� (3) The department may not issue registration or renewal of registration on and after the following dates for the following motor vehicles if the address of the owner of the motor vehicle is located within Multnomah, Clackamas or Washington County:

�� (a) January 1, 2023, for a medium-duty truck or a heavy-duty truck if the motor vehicle is powered by a model year 1996 or older diesel engine.

�� (b) January 1, 2029, for:

�� (A) A medium-duty truck powered by a model year 2009 or older diesel engine.

�� (B) A heavy-duty truck powered by a model year 2009 or older diesel engine owned by a public body.

�� (C) A heavy-duty truck powered by a model year 2006 or older diesel engine owned by a person other than a public body.

�� (4) Notwithstanding subsections (2) and (3) of this section, the department may issue a certificate of title, issue registration or issue renewal of registration for a motor vehicle described in subsection (2) or (3) of this section after a date described in subsection (2) or (3) of this section if:

�� (a) The diesel engine that powers the motor vehicle has been retrofitted with approved retrofit technology pursuant to rules adopted by the Environmental Quality Commission under ORS 468A.810; and

�� (b) Proof of certification of the retrofit has been issued under ORS 468A.810.

�� (5) The following motor vehicles are exempt from the requirements of this section:

�� (a) Motor vehicles registered as farm vehicles under the provisions of ORS 805.300.

�� (b) Farm tractors.

�� (c) Implements of husbandry.

�� (d) Motor vehicles used exclusively as training vehicles.

�� (e) Publicly and privately owned emergency vehicles.

�� (f) Ambulances.

�� (g) Campers.

�� (h) Motor homes.

�� (i) Recreational vehicles.

�� (j) Heavy-duty trucks operated for 5,000 miles or fewer on highways of this state during one calendar year.

�� (k) Carriers with a fleet size of five or fewer heavy-duty trucks.

�� (L) Antique vehicles.

�� (m) Motor trucks, as defined in ORS 801.355, used primarily to transport logs.

�� (6)(a) In order for registration to continue to be valid for a motor vehicle that is owned by a public body and subject to subsection (3) of this section, the public body shall, in a manner determined by the department by rule, submit proof to the department that the motor vehicle complies with subsection (3) of this section. Proof of compliance must be on a form supplied by the department and must include such information as the department may require. Proof of compliance for a motor vehicle owned by a public body is valid until the ownership of the vehicle changes.

�� (b) The department shall provide notice to a public body of the requirement under this subsection to submit proof of compliance with subsection (3) of this section. The notice shall be issued to the public body no later than one year prior to the date that the proof of compliance must be submitted to the department.

�� (7) The department may adopt rules as necessary to administer this section. [2019 c.645 �4]

�� Note: 803.591 and 803.593 were added to and made a part of the Oregon Vehicle Code by legislative action but were not added to ORS chapter 803 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 803.593 Annual report. (1) No later than September 15 of each year, the Department of Transportation shall submit a report in the manner provided by ORS 192.245 to the interim committees of the Legislative Assembly related to transportation and the environment on the registration of medium-duty trucks and heavy-duty trucks in this state. The purposes of the report shall be to identify and address trends in the registration of medium-duty trucks and heavy-duty trucks in this state over time and to identify any effects that the requirements of ORS 803.591 may have on the trends in registration.

�� (2) The report shall include information on:

�� (a) The number of medium-duty trucks and heavy-duty trucks registered in each county in this state; and

�� (b) The number of medium-duty trucks and heavy-duty trucks registered in this state that are motor vehicles described in ORS 803.591 (5). [2019 c.645 �5]

�� Note: See note under 803.591.

VEHICLE PERMITS

�� 803.600 Trip permits; authority granted; types; records; rules; when not required. A trip permit grants authority to temporarily operate a vehicle on the highways of this state under circumstances where the operation would not otherwise be legal because the vehicle is not registered by this state or because provisions relating to the vehicle�s registration do not allow the operation. The Department of Transportation shall provide for the issuance of trip permits in a manner consistent with this section. All of the following apply to permits issued under this section:

�� (1) The department shall issue the following types of trip permits to authorize the described type of operation and, except as provided in subsections (2) and (3) of this section, may not issue trip permits for any other purpose:

�� (a) A heavy motor vehicle trip permit may be issued for the following vehicles that are not registered in this state:

�� (A) Motor vehicles with a combined weight or loaded weight of more than 10,000 pounds;

�� (B) Truck tractors that are more than 8,000 pounds; or

�� (C) Fixed load motor vehicles.

�� (b) A permit described in paragraph (a) of this subsection is valid for 10 consecutive days.

�� (c) A heavy trailer trip permit may be issued for a trailer that will be operated on the highways at a loaded weight of more than 8,000 pounds or that is a fixed load vehicle, and that is not registered to allow operation of the vehicle in this state. A permit described in this paragraph is valid for 10 consecutive days. This paragraph does not apply to travel trailers.

�� (d) A light vehicle trip permit may be issued for a vehicle with a combined weight or loaded weight of less than 10,001 pounds that is not a fixed load vehicle and that is not registered to allow operation of the vehicle in this state. Permits described in this paragraph may be issued for a period of 21 consecutive days. The department may not issue more than two permits under this paragraph in a 12-month period for any one vehicle unless all registered owners of the vehicle are replaced by new owners. If there is a complete change in ownership of the vehicle, as shown by the registration records for the vehicle, a new owner may receive permits for the vehicle under this paragraph as if no permits had been issued for the vehicle. This paragraph does not apply to campers, travel trailers or motor homes, which are eligible for recreational vehicle trip permits under paragraph (e) of this subsection.

�� (e) A recreational vehicle trip permit may be issued for a period of up to 10 consecutive days for a camper, travel trailer or motor home that is not registered for operation in this state. A person buying a recreational vehicle trip permit must show proof satisfactory to the department that the person is the owner of the camper, travel trailer or motor home for which the permit will be granted. A person may not receive recreational vehicle trip permits authorizing more than 10 days of operation in any 12-month period. The department may determine by rule the method for ensuring a person has not exceeded the maximum number of days of operation allowed by the permit.

�� (f) A registration weight trip permit may be issued for a vehicle that is registered in this state, to allow the vehicle to be operated with a greater combined weight or loaded weight than is permitted by the registration weight established for the vehicle or at a greater combined weight or loaded weight than is otherwise permitted under the registration for the vehicle if the vehicle is not required to establish a registration weight. A permit issued under this paragraph does not authorize movements or operations for which a variance permit is required under ORS 818.200. A permit issued under this paragraph shall show the maximum registration weight allowed for operation under the permit. A permit issued under this paragraph is valid for 10 consecutive days.

�� (g) A registered vehicle trip permit may be issued for a vehicle that is registered in this state to allow the vehicle to operate under conditions or in ways not permitted by the terms of the vehicle registration. The department shall determine by rule the kinds of operation for which permits may be issued under this paragraph. A permit issued under this paragraph is valid for 10 consecutive days.

�� (2) The department shall allow a person issued a vehicle dealer certificate under ORS

ORS 803.610

803.610.

�� (12) An agreement may require the display or submission of evidence of registration for any vehicle operating under the agreement. [Formerly 768.003]

�� 826.007 Authority for proportional registration agreements; permitted provisions; requirements; limitations; rules. The Department of Transportation may enter into agreements with the duly authorized representatives of any jurisdiction that issues out-of-state registration to provide for proportional registration of vehicles and for the apportionment of registration fees and other fixed fees and taxes on vehicles proportionally registered in this state and the other jurisdiction. All of the following apply to an agreement established under authority granted by this section:

�� (1) An agreement may provide proportional registration only for commercial vehicles that are engaged in interjurisdictional commerce or combined interjurisdictional and intrajurisdictional commerce.

�� (2) An agreement may provide for proportional registration for vehicles individually or in fleets but must comply with the requirements for proportional registration under ORS 826.009 for all proportionally registered vehicles and with the requirements under ORS 826.011 for all proportionally registered fleets.

�� (3) An agreement may include provisions necessary to facilitate the administration of proportional registration.

�� (4) Any apportionment of registration fees and other fixed vehicle fees or taxes may be made on a basis commensurate with and determined on the miles traveled on and use made of the highways of this state as compared with the miles traveled on and use made of other jurisdictions� highways, or may be made on any other equitable basis of apportionment.

�� (5) No agreement shall contain any provision that requires a vehicle to be proportionally registered if the vehicle is:

�� (a) Registered by this state;

�� (b) Operating in this state under any vehicle permit that allows operation of an unregistered vehicle; or

�� (c) Legally operated in this state under an exemption provided under ORS 803.305.

�� (6) Nothing in an agreement shall affect the right of the department to adopt rules as described in this subsection. The department may adopt any rules the department deems necessary to effectuate and administer the provisions of the agreement.

�� (7) An agreement shall only provide for proportional registration of vehicles if the vehicle is any of the following:

�� (a) Registered in the jurisdiction where the person registering the vehicle has a legal residence.

�� (b) Registered in a jurisdiction where the commercial enterprise in which the vehicle is used has a place of business where the vehicle has been assigned and from which or in which the vehicle is most frequently dispatched, garaged, serviced, maintained, operated or otherwise controlled.

�� (c) Registered in a jurisdiction where the vehicle has been registered because of an agreement between two jurisdictions or a declaration issued by any jurisdiction.

�� (8) An agreement shall retain the right of the department to make the final determination as to the proper place of registration of a vehicle when there is a dispute or doubt concerning the proper place of registration. An agreement shall retain the right of the department to confer with the departments of other jurisdictions affected when making a determination under this subsection.

�� (9) An agreement may provide that the department may deny any person further benefits under the agreement until all fees or taxes have been paid if the department determines that the person should have proportionally registered more vehicles in this state or paid additional fees or taxes on vehicles proportionally registered in this state.

�� (10) An agreement may provide for arrangements with agencies of this state or other jurisdictions for joint audits of registrants of proportionally registered vehicles and for the exchange of audit information on persons who have proportionally registered vehicles.

�� (11) An agreement may authorize a vehicle that would otherwise be required to be registered in one jurisdiction to be registered in another jurisdiction without losing any benefits under the agreement if the vehicle is operated from a base located in the other jurisdiction.

�� (12) An agreement may allow the lessee or lessor of a vehicle, subject to the terms and conditions of the lease, to receive benefits of proportional registration under the agreement.

�� (13) An agreement may authorize the department to suspend or cancel any benefits under the agreement if the person violates any of the terms or conditions of the agreement or violates any law or rule of this state relating to vehicles.

�� (14) All agreements shall be in writing and shall be filed with the department within 10 days after execution or the effective date of the agreement, whichever is later.

�� (15) Vehicles that are proportionally registered under an agreement, whether individually or in a fleet, are fully registered in this state for purposes of ORS 803.300 and any other portion of the vehicle code and are accorded the same privileges and duties as other vehicles registered in this state even though the vehicle may have primary registration in some other jurisdiction. This subsection does not grant authority required for intrastate movement where such authority is required under ORS chapter 825. Such authority must be granted in accordance with ORS chapter 825.

�� (16) An agreement may only provide the benefits of proportional registration to a vehicle that is registered either proportionally or otherwise in at least one other jurisdiction in addition to this one.

�� (17) Nothing in an agreement shall affect the right of the department to act under this subsection. The department may refuse to issue proportional registration in this state for vehicles from jurisdictions that do not grant similar privileges for vehicles from this state.

�� (18) An agreement shall not provide for any benefit, exemption or privilege with respect to fuel taxes, use fuel taxes, weight mile taxes or any other fees or taxes levied or assessed against the use of highways or use or ownership of vehicles except registration taxes, fees and requirements.

�� (19) An agreement may control the requirements for type, manner of display, number and other provisions relating to registration plates, registration cards or other proof of registration for vehicles that are subject to the agreement. [Formerly

ORS 803.665

803.665�� Towing commercial fishing boat without permit

TITLES

(Generally)

�� 803.010 Proof of ownership. A certificate of title is prima facie evidence of the ownership of a vehicle or of an interest therein. In all actions, suits or criminal proceedings, when the title to or right of possession of any vehicle is involved, proof of the ownership or right to possession shall be made by means of:

�� (1) The original certificate of title issued by the Department of Transportation;

�� (2) A salvage title certificate issued by the department; or

�� (3) The department records as provided under ORS 802.240. [1983 c.338 �174; 1991 c.873 �29]

�� 803.012 Rules for title forms and fees. (1) The Department of Transportation may adopt rules authorizing different forms of title and specifying the uses of the different forms. The rules may include, but need not be limited to, rules authorizing and describing uses of electronic titles and certificates of title.

�� (2) Rules adopted under this section may require or allow different forms of title for different purposes or for different persons.

�� (3) Rules adopted under this section may include fee structures that vary for different forms of title but in no case may the department charge more than the fees established for similar title transactions under ORS 803.090. [1993 c.233 �6]

�� 803.015 Certificate contents. The Department of Transportation shall design a certificate of title for vehicles for situations in which the department determines that certificates will be issued. A certificate of title issued by the department shall conform to all of the following:

�� (1) The certificate shall be numbered in a manner prescribed by the department.

�� (2) The certificate shall contain a description of the vehicle.

�� (3) The certificate shall contain evidence of identification of the vehicle the department deems proper.

�� (4) The certificate shall contain the name of the owner of the vehicle.

�� (5) The certificate shall identify any security interest holders in the order of their priority. This subsection does not apply to the security interests where the debtor who granted the security interest is in the business of selling vehicles and the vehicle constitutes inventory held for sale or lease.

�� (6) The certificate shall identify any lessor of the vehicle.

�� (7) The certificate shall be authenticated by a seal of the State of Oregon printed on the certificate.

�� (8) The certificate shall have space to fill in information required by the department upon the transfer of a vehicle under ORS 803.094 and space for the odometer disclosure required on transfer of an interest under ORS 803.102.

�� (9) If the vehicle is an assembled vehicle, the certificate shall:

�� (a) Show the make of the vehicle as �assembled.�

�� (b) Show the year the building of the vehicle is completed as the year model of the vehicle.

�� (10) The certificate shall show the mileage of the vehicle as reported to the department at the time the most recent title transfer was reported to the department, or the mileage reported to the department at the time the vehicle was initially titled in Oregon, whichever occurred last. The information required by this subsection shall be shown as reported to the department on odometer disclosure reports required by law to be submitted to the department.

�� (11) The certificate shall contain any brand or notation specified by the department by rule.

�� (12) The certificate shall contain any other information required by the department.

�� (13) The certificate shall be produced by a secure process that meets or exceeds the requirements of federal law. [1983 c.338 �175; 1985 c.16 �58; 1985 c.251 �14; 1985 c.253 �1; 1985 c.402 �6; 1987 c.127 �1; 1989 c.148 �8; 1991 c.820 �9; 1991 c.873 �7; 1993 c.233 �14; 2001 c.293 �1; 2001 c.445 �183; 2003 c.330 �1]

�� 803.016 Titles in form other than certificate. If title to a vehicle is not to be issued in the form of a certificate, the record of title kept by the Department of Transportation shall include all information required by ORS 803.015. Nothing in this section requires that title issued in a form other than a certificate:

�� (1) Be numbered as required by ORS 803.015 (1);

�� (2) Be authenticated as required by ORS 803.015 (7);

�� (3) Have the space required by ORS 803.015 (8); or

�� (4) Be produced by a secure process as required by ORS 803.015 (13). [1993 c.233 �16; 2001 c.293 �2; 2003 c.330 �3]

�� 803.020 [1985 c.251 �14a; repealed by 1991 c.873 �53]

�� 803.025 Violating title requirements; penalty. (1) A person commits the offense of violating vehicle title requirements if the person owns or operates any vehicle in this state for which this state has not issued title.

�� (2) Exemptions from this section are established by ORS 803.030. The exemptions are subject to ORS 803.040.

�� (3) The offense described in this section, violating vehicle title requirements, is a Class D traffic violation. [1983 c.338 �176; 1985 c.16 �59; 1985 c.333 �4; 1993 c.233 �17; 1995 c.383 �35]

�� 803.030 Exemptions from title requirement. This section establishes exemptions from the requirements under ORS 803.025 to obtain title issued by this state. The exemptions are subject to ORS 803.040. The exemptions are in addition to any exemptions under ORS 801.026. Vehicles exempted by this section from the requirements to be titled by this state are not prohibited from being titled by this state if titling is permitted under ORS 803.035. The exemptions are partial or complete as provided in the following:

�� (1) Title from this state is not required for a vehicle unless the vehicle is operated on a highway in this state.

�� (2) Title from this state is not required unless a vehicle is operated under a registration number of this state.

�� (3) Snowmobiles and Class I, Class III and Class IV all-terrain vehicles are not subject to the requirements under ORS 803.025. The requirements and procedures for titling snowmobiles are as provided under ORS 821.060 and 821.070.

�� (4) Road rollers, farm tractors and traction engines are exempt from the requirements for title.

�� (5) Trolleys are exempt from the requirements for title.

�� (6) Bicycles are exempt from the requirements for title.

�� (7) United States Government owned and operated motor vehicles and trailers are exempt from the requirements for title.

�� (8) Implements of husbandry, well drilling machinery, emergency fire apparatus providing public fire protection and wheelchairs are exempt from the requirements for title.

�� (9) Except as provided in subsection (23) of this section, fixed load vehicles are exempt from the requirements for title while operated within the immediate construction project, as described in the governmental agency contract, in the construction or reconstruction of state or county roads, highways or city streets.

�� (10) Motor vehicles designed to operate at a loaded weight over 8,000 pounds, trailers and equipment are exempt from requirements for title while:

�� (a) Owned, leased, contracted or requisitioned by the State Forester, State Board of Forestry, their contractors under ORS chapter 477, or the federal government; and

�� (b) Being used for the purposes of forest protection and fire suppression under ORS chapter 477 or a similar federal statute, including movement of the vehicles to and from the work area.

�� (11) Farm trailers are exempt from requirements for title when the operation or movement of the vehicle upon the highways is incidental to its use in an agricultural operation.

�� (12) Golf carts operated under an ordinance adopted under ORS 810.070 are exempt from requirements for title.

�� (13) Golf carts or similar vehicles are exempt from requirements for title when:

�� (a) They have not less than three wheels in contact with the ground;

�� (b) They have an unloaded weight of less than 1,300 pounds;

�� (c) They are designed to be and are operated at not more than 15 miles per hour; and

�� (d) They are operated by persons with disabilities.

�� (14) The nonresident owners of vehicles currently registered and titled in any other country, state or territory may operate such vehicles over the highways of this state without complying with the titling requirements under ORS 803.025. All of the following apply to this subsection:

�� (a) This subsection only provides an exemption so long as the owner satisfactorily shows that the owner is not a resident of this state or has been a resident of this state for less than 30 days. For the purpose of this paragraph, a person is a resident of this state if the person meets the residency requirements described in ORS 803.200.

�� (b) The exemption under this subsection applies to vehicles granted exemptions under ORS 802.500,

ORS 805.278

805.278 or 805.283;

�� (E) Group registration plates issued under ORS 805.205;

�� (F) Veterans� recognition registration plates issued under ORS 805.105;

�� (G) Pacific Wonderland registration plates issued under ORS 805.287;

�� (H) Registration plates issued through the special registration program under ORS 805.222; or

�� (I) Registration plates that are no longer currently issued that the department determines may still be transferred.

�� (4) Notwithstanding ORS 803.400, when registration plates are transferred from one vehicle to another vehicle owned by the same person, the registration period represented by the plates also transfers with the plates. When registration plates are transferred from one vehicle to another vehicle not owned by the same person, the remaining registration period represented by the transferred plates ceases for both the vehicle receiving the transferred plates and the vehicle from which the plates were removed.

�� (5) The owner of a registered vehicle to which a plate is assigned may replace a registration plate. The following apply to this subsection:

�� (a) To replace a plate under this subsection, the owner must apply to the department for replacement of the plate in a form prescribed by the department and pay the replacement plate fee established under ORS 803.575.

�� (b) The department, in lieu of replacement, may issue duplicate plates for the same fee as charged for replacements.

�� (c) The plates issued under this subsection are valid only for the period of the plates replaced.

�� (d) The replaced plates may not be considered customized plates when they are replaced, if:

�� (A) The original plates were from plates currently issued;

�� (B) The original plates were not customized plates; and

�� (C) The replacement plates are a duplicate of the original plates.

�� (e) When a vehicle is assigned a pair of plates and the owner wishes to replace a single plate, the department may replace a single plate rather than replace both plates.

�� (6) A county may replace a registration plate that is from a specially designed government series with a registration plate that is from a regular series. The following apply to this subsection:

�� (a) To replace a plate under this subsection, the county must apply to the department for replacement of the plate in a form prescribed by the department and pay the replacement plate fee established under ORS 803.575.

�� (b) The plates issued under this subsection are valid only for the period of the plates replaced.

�� (7) If the department retired the vehicle�s registration under ORS 819.030 because the vehicle is totaled, a person may apply under subsection (2) of this section to transfer the registration plates to another vehicle.

�� (8) Subject to subsections (2) and (4) of this section, after the department authorizes the use of special interest plates under ORS 805.210, a person may apply to transfer the plates to either:

�� (a) A vehicle that was previously determined by the department to qualify as a vehicle of special interest; or

�� (b) A vehicle approved by the department as a vehicle of special interest at the time of application.

�� (9) If a person described in subsection (8) of this section provides the department with only one special interest registration plate for transfer and the department�s vehicle records show the special interest registration plate belongs to a vehicle record with no owner matching an applicant, the applicant shall provide proof, as determined by the department by rule, that the plate is no longer used on the vehicle it is currently showing being registered to in the department�s vehicle records. [1983 c.338 �259; 1985 c.16 �100; 1985 c.174 �5; 1985 c.243 �3; 1985 c.570 �3; 1987 c.158 �163; 1993 c.741 �120; 2001 c.827 �3; 2003 c.409 �8; 2005 c.71 �1; 2015 c.540 �3; 2015 c.806 �17; 2018 c.114 �10; 2019 c.17 �3; 2021 c.630 �126; 2023 c.400 �21; 2025 c.415 �34]

�� 803.533 Period of validity for Oregon National Guard member or military reservist. (1) Notwithstanding ORS 803.530, a registration plate assigned to a vehicle registered to a member of the Oregon National Guard or a military reservist ordered on active duty and deployed to a location outside the United States that expires while the person is on active duty shall remain valid for 90 days following the termination of active duty.

�� (2) The court shall dismiss the charge of improper display of validating stickers under ORS

ORS 806.040

806.040 within 30 days after it has become final constitutes reasonable grounds for cancellation under this subsection. The department shall give not less than five days� notice and a hearing pursuant to such notice before the department may cancel under this subsection. [1983 c.338 �850]

ENFORCEMENT

�� 806.150 Department verification program; rules. The Department of Transportation shall establish by rule a program to verify compliance with the financial responsibility requirements of operating a motor vehicle in this state. The program established under this section shall comply with all of the following:

�� (1) The department may select vehicles registered in this state for verification when the department considers the selection necessary or appropriate. The department may emphasize verification of vehicles registered to individuals who:

�� (a) Have been convicted of violating ORS 806.010;

�� (b) Have provided proof of compliance with financial responsibility requirements that has been previously found to be not correct; or

�� (c) The department has reasonable grounds to believe are not in compliance with financial responsibility requirements.

�� (2) When a vehicle is selected for verification under this section, the department shall provide a notice of verification to the registered owner of the vehicle. The notice of verification must:

�� (a) Inform the owner that the vehicle has been selected for verification; and

�� (b) Require the owner to provide proof of compliance with financial responsibility requirements within the time specified by the department by rule.

�� (3) After the department receives proof of compliance from a registered owner as required under subsection (2) of this section, the department shall forward the proof of compliance to the listed insurer, or use other means, to determine whether the proof of compliance is correct. An insurer shall notify the department if the proof of compliance is not correct within the time specified by the department by rule.

�� (4) Civil liability does not accrue to the insurer or any of its employees for reports made to the department under this section when the reports are made in good faith based on the most recent information available to the insurer. [1983 c.338 �851; 1985 c.16 �431; 1985 c.714 �2; 1987 c.158 �165; 1993 c.751 �29; 2005 c.142 �1; 2019 c.312 �1]

�� 806.160 [1983 c.338 �852; 1985 c.714 �3; 2001 c.104 �300; 2009 c.257 �2; repealed by 2019 c.312 �36]

�� 806.170 Department check on financial certification on accident reports. The Department of Transportation shall investigate all certifications of compliance with financial responsibility requirements made on reports of accidents under ORS 811.725 and

ORS 806.080

806.080 and will continue to be covered by the policy for as long as the permit is valid. The proof must include the name of the insurer and the policy number. The Department of Transportation or, if the permit is issued under ORS 803.600 (2) or (3), the person with the vehicle dealer certificate or towing business certificate shall refuse to issue a permit to a person who does not present the proof required by this section. [1991 c.360 �2; 1993 c.751 �28; 2001 c.412 �2; 2003 c.600 �5; 2019 c.312 �30; 2025 c.55 �3]

�� Note: 803.602 was added to and made a part of ORS chapter 803 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 803.605 Erroneous issuance of trip permit; refund of fee. When the Department of Transportation determines that it has erroneously issued a trip permit to a person who did not require the permit, the department may refund to the person any fee the person paid for the permit. [1985 c.313 �6]

�� Note: 803.605 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 803 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 803.610 Reciprocity permits. A reciprocity permit is a vehicle permit that may be issued to identify vehicles operating under a reciprocal agreement established under ORS 802.500. When required by an agreement, the Department of Transportation shall provide for the issuance of reciprocity permits as authorized by the agreement. All of the following apply to the issuance of permits under this section:

�� (1) The issuance of permits shall comply with the agreement authorizing their issuance.

�� (2) Permits may be used to identify vehicles entitled to operate within the areas described in an agreement. [1983 c.338 �273; 1985 c.668 �16]

�� 803.615 Temporary permit for registration applicant. The Department of Transportation may issue a temporary permit in a form determined by the department to an applicant for registration to permit the applicant to operate the vehicle while the department is determining all facts relative to the right of the applicant to receive title, regular registration plates and regular registration. [1983 c.338 �276; 1985 c.16 �112; 1985 c.401 �10; 1987 c.146 �9; 1993 c.233 �52]

�� 803.620 [1983 c.338 �277; 1989 c.109 �2; repealed by 1989 c.43 �37]

�� 803.625 Temporary registration permits issued by dealers; rules. (1) The holder of a current, valid vehicle dealer certificate issued under ORS 822.020 may issue temporary registration permits for the operation of vehicles or the transporting of a camper pending the receipt of permanent registration from the Department of Transportation.

�� (2) Forms for temporary registration permits issued under this section shall be furnished and, subject to ORS 803.640, prescribed by the department.

�� (3) A vehicle dealer may issue a temporary registration permit for a motor vehicle being sold that is subject to the pollution control equipment requirements under ORS

ORS 806.230

806.230 or more than three years have passed from the date the filing was required.

�� (3) A person on whose behalf the filing was made requests termination and either:

�� (a) The person was required to file because of an error committed by the department; or

�� (b) The person was required to file because of an error committed by an insurance company in notifying the department regarding the correctness of proof of compliance with financial responsibility requirements provided under ORS 806.150.

�� (4) A person who was required to file under ORS 806.150 requests termination and the department determines either:

�� (a) That the person was in fact in compliance with financial responsibility requirements as of the date specified by the department by rule under ORS 806.150; or

�� (b) That the person reasonably and in good faith believed that the person was in compliance with financial responsibility requirements on the date specified by the department by rule under ORS 806.150.

�� (5) A person who was required to file because of failure to prove under ORS 806.210 that the person was in compliance with financial responsibility requirements requests termination and the department determines either:

�� (a) That the person was in fact in compliance with financial responsibility requirements at the time of the accident; or

�� (b) That the person reasonably and in good faith believed that the person was in compliance with financial responsibility requirements at the time of the accident.

�� (6) A person�s hardship permit expires and the filing was required only for issuance of the hardship permit under ORS 807.240. [1987 c.258 �4; 2009 c.257 �7; 2019 c.312 �6; 2025 c.415 �45]

�� 806.250 [1983 c.338 �860; 1985 c.16 �432; 1985 c.714 �9; 1987 c.158 �167; 1987 c.258 �5; repealed by 2009 c.257 �11]

�� 806.255 [1987 c.258 �7; repealed by 2009 c.257 �11]

�� 806.260 [1983 c.338 �861; repealed by 2003 c.175 �1]

�� 806.270 Certificate of insurance; requirements; presumption of completeness. (1) A certificate of insurance that is used to comply with future responsibility filing requirements under ORS

ORS 806.240

806.240 to file and maintain proof of compliance with financial responsibility requirements with the Department of Transportation. [1983 c.338 �48]

�� 801.295 �Golf cart.� �Golf cart� means a motor vehicle that:

�� (1) Has not less than three wheels in contact with the ground;

�� (2) Has an unloaded weight less than 1,300 pounds;

�� (3) Is designed to be and is operated at not more than 15 miles per hour; and

�� (4) Is designed to carry golf equipment and not more than two persons, including the driver. [1983 c.338 �49]

�� 801.297 �Gross combination weight rating.� �Gross combination weight rating� means the greater of:

�� (1) The value specified by the manufacturer of the power unit of a vehicle, if:

�� (a) The value is displayed on the Federal Motor Vehicle Safety Standards certification label; and

�� (b) The vehicle is towing another unit; or

�� (2) The sum of the gross vehicle weight ratings or gross vehicle weights of the power unit and the towed unit, or any combination thereof, that produces the highest value. [1989 c.636 �4; 2017 c.190 �9]

�� 801.298 �Gross vehicle weight rating.� �Gross vehicle weight rating� means the value specified by the manufacturer as the maximum loaded weight of a single or a combination vehicle. [1989 c.636 �5; 1991 c.185 �2]

�� 801.300 �Group of axles.� �Group of axles� means an assemblage of two or more consecutive axles considered together in determining their combined load effect on a bridge or pavement structure. [1983 c.338 �50; 1985 c.172 �2]

�� 801.303 �Hazardous materials.� �Hazardous materials� has the meaning given that term in 49 C.F.R. 383.5, as in effect on January 1, 2013. [1989 c.636 �6; 2005 c.649 �31; 2013 c.237 �47]

�� 801.305 �Highway.� (1) �Highway� means every public way, road, street, thoroughfare and place, including bridges, viaducts and other structures within the boundaries of this state, open, used or intended for use of the general public for vehicles or vehicular traffic as a matter of right.

�� (2) For the purpose of enforcing traffic offenses contained in the Oregon Vehicle Code, except for ORS 810.230, �highway� includes premises open to the public that are owned by a homeowners association and whose boundaries are contained within a service district established on or before July 1, 2002, under ORS 451.410 to

ORS 806.290

806.290.

�� (2) The certificate or certificates must cover all vehicles that are registered in the name of or operated by the person, except vehicles that are in storage and for which the current registration plates and cards have been surrendered to the department.

�� (3) Unless the department has reason to believe otherwise, the department may presume that the certificate covers all vehicles described in subsection (2) of this section.

�� (4) The requirements under this section may be fulfilled by the policies of one or more insurance carriers. [1983 c.338 �862; 1985 c.16 �433; 1993 c.751 �31; 1999 c.59 �239; 2003 c.174 �1; 2009 c.257 �8]

�� 806.280 When certificate of insurer not authorized to do business in this state may be used. The Department of Transportation may not accept a certificate of insurance for purposes of future responsibility filings from an insurer that is not authorized to do business in Oregon unless the insurer is an eligible surplus lines insurer as defined in ORS 735.405 or a risk retention group as defined in ORS 735.305. [1983 c.338 �863; 2003 c.175 �9; 2009 c.257 �9]

�� 806.290 Automatic termination of insurance under future responsibility filing upon subsequent filing. An insurance policy for which a certificate of insurance is filed to comply with future responsibility requirements is terminated with respect to any operator or vehicle designated in the certificate if the operator or vehicle is also covered by an insurance policy subsequently procured and certified to the Department of Transportation. The date of termination under this section is the date the subsequent certificate is filed with the department. [1983 c.338 �864]

�� 806.300 Failure to surrender license and registration on cancellation of future responsibility filing; penalty. (1) A person commits the offense of failure to surrender license and registration on cancellation of future responsibility filing if the person does not immediately return the person�s license or driver permit and registration to the Department of Transportation when any of the following occur:

�� (a) A policy of insurance required under ORS 806.240 is canceled or terminated.

�� (b) The person neglects to furnish other proof of compliance for a future responsibility filing upon request of the department.

�� (2) If any person fails to return to the department the license, driver permit or registration, the department may request any peace officer to secure possession thereof and return it to the department.

�� (3) The offense described in this section, failure to surrender license and registration on cancellation of future responsibility filing, is a Class C misdemeanor. [1983 c.338 �865; 1985 c.16 �434; 1985 c.393 �66; 2003 c.175 �10; 2019 c.312 �7]

ORS 806.300

806.300�� Failure to surrender license and registration on cancellation of future responsibility filing; penalty

GENERAL PROVISIONS

�� 806.010 Driving uninsured prohibited; penalty. (1) A person commits the offense of driving uninsured if the person operates a motor vehicle in this state on any highway or premises open to the public in this state without either:

�� (a) The person being insured while driving the vehicle under a motor vehicle liability insurance policy that meets the requirements described under ORS 806.080; or

�� (b) The person or the owner of the vehicle providing the Department of Transportation with other satisfactory proof of compliance with the financial responsibility requirements of this state.

�� (2) Exemptions from this section are established under ORS 806.020.

�� (3) In addition to other penalties under this section the following apply:

�� (a) A person who is involved in a motor vehicle accident at any time the person is in violation of this section is subject to suspension of the person�s driving privileges under ORS 809.417.

�� (b) A person who is convicted of violating this section is subject to ORS 806.230, if the person does not make future responsibility filings as required by that section.

�� (4) A person convicted for violation of this section must file with the department, and thereafter maintain for a period of one year, proof of financial responsibility that complies with ORS 806.060. Failure to comply with this subsection is subject to ORS 809.415.

�� (5) The offense described in this section, driving uninsured, is a Class B traffic violation. [1983 c.338 �837; 1985 c.16 �422; 1985 c.714 �1; 1991 c.350 �1; 1991 c.702 �4; 2003 c.402 �12; 2025 c.415 �43]

�� 806.011 Proof of insurance; rules. (1) Proof of insurance issued as provided in ORS 742.447, or other current proof of compliance with financial or future responsibility requirements approved by rule by the Department of Transportation, shall be carried in each motor vehicle that is operating in this state and that is not exempt from compliance with financial or future responsibility requirements.

�� (2) The use of an electronic device to display proof of insurance does not constitute consent for a police officer to access other contents of the electronic device.

�� (3) Failure of the driver of a motor vehicle to show proof of insurance or other current proof of compliance when asked to do so by a police officer is reasonable grounds for the officer to believe that the person is operating the vehicle in violation of ORS 806.010.

�� (4) The registered owner of the motor vehicle may black out or otherwise obscure the residence address, business address, mailing address or vehicle address shown on the proof of insurance, or other current proof of compliance with financial or future responsibility requirements approved by rule by the department. No other information may be blacked out or otherwise obscured. [1993 c.746 �2; 2013 c.108 �2; 2017 c.471 �2]

�� 806.012 Failure to carry proof of compliance with financial responsibility requirements; rules; penalty. (1) A person commits the offense of failure to carry proof of compliance with financial responsibility requirements if the person operates a motor vehicle in this state and does not have in the vehicle current proof of compliance with financial responsibility requirements.

�� (2) The Department of Transportation shall determine by rule what constitutes proof of compliance with financial responsibility requirements.

�� (3) This section does not apply:

�� (a) To persons operating motor vehicles that are exempt from financial responsibility requirements by ORS 806.020; or

�� (b) If a police officer verifies proof of compliance with financial responsibility requirements through the Law Enforcement Data System.

�� (4) The court shall dismiss any charge under this section if, prior to the court appearance date listed on the citation, the person charged delivers to the clerk of the court named on the citation proof of compliance with financial responsibility requirements at the time of the violation.

�� (5) The offense described in this section, failure to carry proof of compliance with financial responsibility requirements, is a Class B traffic violation. [1993 c.751 �101; 2005 c.361 �1; 2013 c.108 �3]

�� 806.014 [1993 c.814 ��5,7; renumbered

ORS 807.040

807.040, an applicant for a commercial learner driver permit must submit valid documentation, as defined by the department by rule, that the person is a citizen or lawful permanent resident of the United States or a citizen of a country with a Compact of Free Association with the United States. The requirements of this subsection do not apply to

an applicant for a limited term commercial learner driver permit issued under ORS 807.730.

�� (5) A commercial learner driver permit is valid for a period of one year from the date of issuance and is not renewable.

�� (6) Except as provided in subsection (7) of this section, the holder of the commercial learner driver permit may not operate a commercial motor vehicle unless the holder has the permit in the holder�s immediate possession and is accompanied by a person who:

�� (a) Is at least 21 years of age;

�� (b) Holds a class of commercial driver license and endorsements that grant the driving privileges required to operate the vehicle;

�� (c) Has no restrictions on the person�s driving privileges that would make operation of the vehicle unlawful under ORS 807.010 (2);

�� (d) Has the permit holder under observation and direct supervision; and

�� (e) Is occupying a seat beside the holder of the permit or, in the case of a commercial passenger vehicle, directly behind or in the first row behind the driver.

�� (7) When taking an examination as described in ORS 807.070 (3) with an examiner employed by the department, the holder of a commercial learner driver permit is not required to be accompanied by a commercial driver license holder as otherwise required under subsection (6) of this section.

�� (8) The holder of a commercial learner driver permit may not operate:

�� (a) Any vehicle transporting hazardous materials.

�� (b) A tank vehicle, unless the tank is empty.

�� (c) A commercial passenger vehicle while transporting passengers, unless the passengers are federal or state auditors or inspectors, test examiners or other trainees and there is a commercial driver license holder accompanying the permit holder as required by subsection (6) of this section.

�� (d) A school bus while transporting passengers, unless the other passengers are federal or state auditors or inspectors, test examiners or other trainees and there is a commercial driver license holder accompanying the permit holder as required by subsection (6) of this section.

�� (e) A commercial motor vehicle combination consisting of more than one towed vehicle.

�� (9) A commercial learner driver permit must contain all of the applicable information described in ORS 807.110 (1) and a prominent statement that the permit is a �commercial learner permit� or �CLP.�

�� (10) An applicant for a commercial learner driver permit must pay the commercial learner driver permit fee established under ORS 807.370. [2013 c.237 �32; 2017 c.306 ��5,5a; 2019 c.701 �20]

�� 807.290 Special temporary instruction driver permit; fees. (1) The Department of Transportation shall provide for the issuance of special temporary instruction driver permits in a manner consistent with this section. Except as provided in this section, a special temporary instruction driver permit is subject to the same fees, provisions, conditions, prohibitions and penalties applicable to an instruction driver permit under ORS 807.280.

�� (2) The department may issue a special temporary instruction driver permit, without charge, to a person who has filed an application for and paid the fee for a special student driver permit or an emergency driver permit but was unable to qualify for the permit because of lack of experience in the operation of motor vehicles. A permit issued under this section shall be valid for only 60 days. [1983 c.338 �317]

�� 807.300 [1985 c.608 �29b; 1987 c.744 �7; repealed by 1989 c.636 �54]

�� 807.310 Applicant temporary permit; rules. (1) The Department of Transportation shall provide for the issuance of applicant temporary driver permits in a manner consistent with this section.

�� (2) The department may issue an applicant temporary driver permit to an applicant for a Class C driver license or for a noncommercial driver permit while the department is determining all facts relative to application for the Class C driver license or noncommercial driver permit. The department shall set forth on the applicant temporary driver permit the driving privileges granted under the permit.

�� (3) The holder of an applicant temporary driver permit must have the temporary driver permit on the holder�s person while operating a motor vehicle. The holder of an applicant temporary driver permit must operate within the driving privileges granted under the temporary driver permit.

�� (4) An applicant temporary driver permit is valid for a period of 30 days from the date issued. The department may extend the term of the permit for sufficient cause. An extension of the term of the permit may not exceed an additional 30 days.

�� (5) An applicant temporary driver permit automatically becomes invalid if the applicant�s license or permit is issued or refused for good cause.

�� (6) The department may not charge a fee for issuance of an applicant temporary driver permit under this section.

�� (7) The department may, by rule, establish when an applicant may be issued a temporary driver permit for commercial driving privileges. [1983 c.338 �315; 1985 c.16 �134; 1985 c.597 �13; 1985 c.608 �22; 2008 c.1 �27; 2011 c.9 �98; 2011 c.282 �3; 2017 c.190 �14; 2019 c.701 �21; 2023 c.400 �12]

�� 807.320 Court issued temporary driver permit. (1) Courts shall provide for issuance of court issued temporary driver permits in a manner consistent with this section. A court issued temporary driver permit grants only those driving privileges specifically granted under the permit.

�� (2) If a court takes immediate possession of a license or driver permit under ORS 809.275 upon suspension or revocation of the driving privileges under the license or driver permit, the court shall issue a court issued temporary driver permit to the person convicted if the court determines issuance of the permit is necessary to give full effect to the requirement that the court take the license or driver permit under ORS 809.275.

�� (3) A court issued temporary driver permit:

�� (a) Shall be issued in a form specified by the Department of Transportation.

�� (b) Is valid until midnight of the day of conviction of the person issued the permit. [1983 c.338 �324; 1993 c.751 �47]

�� 807.330 Court bail driver permit. (1) Courts shall provide for the issuance of court bail driver permits in a manner and to grant driving privileges consistent with this section.

�� (2) The court bail driver permit shall act as a receipt for a license that is accepted as security by a court under ORS 810.300 and 810.310.

�� (3) The permit confers on the person to whom it is issued the same driving privileges as the license which was accepted as security.

�� (4) The Department of Transportation shall prepare a form for the permit and all permits issued pursuant to this section shall conform to the form so prepared.

�� (5) Upon issuance of a permit, a court shall promptly notify the department of the fact.

�� (6) The driving privileges granted under the permit are valid only until the time fixed for appearance or the expiration of 30 days from the date the permit is issued, whichever first occurs.

�� (7) No fee shall be charged for issuance of the permit. [1983 c.338 �325; 1999 c.1051 �280a]

(Continuing Eligibility)

�� 807.340 Proof of eligibility; effect of failure to reestablish; waiver of fee. (1) The Department of Transportation may require any person to whom a driver license, driver permit or endorsement is issued to appear before the department and provide proof that the person was eligible or reestablish the person�s eligibility by taking an examination under ORS 807.070 or following the procedures in ORS 807.090, as appropriate. The department may act under this section if the department has reason to believe that the person:

�� (a) Was not qualified to hold a driver license, driver permit or endorsement at the time of issuance;

�� (b) Is no longer qualified to hold a driver license, driver permit or endorsement; or

�� (c) Is no longer able to safely operate a motor vehicle.

�� (2) If a person does not appear before the department within a reasonable time after receiving notice from the department under this section or is unable to reestablish eligibility to the satisfaction of the department under this section, the department may:

�� (a) Take action to suspend the person�s driving privileges under ORS 809.419; or

�� (b) Take action to cancel the person�s driving privileges under ORS 809.310.

�� (3) A person who is required to take one or more tests described in ORS 807.070 to prove eligibility or to reestablish eligibility under this section is not required to pay the fee established under ORS 807.370 for the test. [1983 c.338 �314; 1985 c.608 �21; 2003 c.14 �483; 2003 c.402 �18; 2003 c.618 �51; 2017 c.190 �1]

�� 807.350 Cancellation of privileges; issuance of more limited license or permit. (1) The Department of Transportation, at any time, may cancel the driving privileges or part of the driving privileges granted any person under any class of license or under any endorsement or any driver permit if the department determines that the person no longer meets the qualifications or requirements for the license, endorsement or permit.

�� (2)(a) The department may immediately cancel the driving privileges granted any person under any class of license or under any endorsement or any driver permit if the person is unable to reestablish eligibility under ORS 807.340 and the department determines that:

�� (A) The person is no longer able to safely operate a motor vehicle; and

�� (B) The person may endanger people or property if the person�s driving privileges are not immediately canceled.

�� (b) A cancellation under this subsection is subject to a post-imposition hearing under ORS 809.440.

�� (3) Upon cancellation under this section, a person whose driving privileges are canceled shall surrender to the department any license or driver permit issued for the driving privileges. Failure to comply with this subsection is subject to penalty as provided under ORS 809.500.

�� (4) If the department cancels driving privileges under this section, the department may provide for the issuance of a license, driver permit or license with endorsement or limitations granting driving privileges for which the person does qualify or meet the requirements. The department may provide for the waiver of all or part of the fees relating to the issuance of a license or driver permit when the department issues a driver permit or license under this subsection, as the department determines equitable.

�� (5) A person whose driving privileges are canceled under this section may regain the canceled driving privileges only by reapplying for the privileges and establishing eligibility and qualification for the driving privileges as provided by law. [1985 c.608 �33; 2003 c.14 �484; 2011 c.355 �31]

(Persons With Limited Vision)

�� 807.355 Definitions. As used in this section and ORS 807.359, 807.363 and 807.368:

�� (1) �Licensed vision specialist� means an ophthalmologist or an optometrist.

�� (2) �Limited vision condition� means visual acuity in the better eye with best lens correction that is no better than 20/80 and no worse than 20/200.

�� (3) �Rehabilitation training program� means a program designed to train a person with a limited vision condition to use a bioptic telescopic lens while operating a motor vehicle.

�� (4) �Rehabilitation training specialist� means a person certified by the Department of Transportation to provide a rehabilitation training program.

�� (5) �Special limited vision condition learner�s permit� means a permit issued by the department to a person with a limited vision condition that allows the person to enroll in a rehabilitation training program. [2003 c.277 �2]

�� 807.359 Special limited vision condition learner�s permit. (1) A person with a limited vision condition may apply for a special limited vision condition learner�s permit if the person:

�� (a) Is examined by a licensed vision specialist who determines that the person:

�� (A) Has no ocular diagnosis or prognosis that may result in deterioration of the person�s corrected vision below a 20/200 level of visual acuity;

�� (B) Has a visual field of at least 120 degrees horizontally and 80 degrees vertically; and

�� (C) Would be aided by using a bioptic telescopic lens when operating a motor vehicle;

�� (b) Is fitted by the licensed vision specialist with a bioptic telescopic lens mounted on the carrier lens;

�� (c) Submits to the Department of Transportation a report from the licensed vision specialist certifying that the person meets the requirements of this subsection;

�� (d) Submits proof to the department that the person is enrolled in a rehabilitation training program; and

�� (e) Takes the test described under ORS 807.070 (2).

�� (2) The department shall issue a special limited vision condition learner�s permit to a person who meets the requirements of subsection (1) of this section upon application and payment of the fee under ORS 807.370.

�� (3) If the department issues a special limited vision condition learner�s permit to a person under subsection (2) of this section, the department shall send the permit to the rehabilitation training program in which the person is enrolled. [2003 c.277 �3]

�� 807.363 Issuance of driver license to person with limited vision condition. (1) The Department of Transportation shall issue a driver license to a person with a limited vision condition if the person:

�� (a) Complies with the requirements of ORS 807.040; and

�� (b) Provides a certificate issued by a rehabilitation training specialist certifying that the person has successfully completed a rehabilitation training program.

�� (2) A license issued to a person with a limited vision condition who meets the requirements of subsection (1) of this section is restricted to authorize operation of a motor vehicle only:

�� (a) During daylight hours; and

�� (b) When the person is using a bioptic telescopic lens.

�� (3) A person issued a license under this section shall be examined every two years by a licensed vision specialist who certifies to the department that the person meets the vision requirements under ORS 807.359.

�� (4) A person must use a bioptic telescopic lens whenever the person is required to take a test that is an actual demonstration of the person�s ability to operate a motor vehicle without endangering the safety of persons or property. [2003 c.277 �4; 2007 c.588 �2; 2013 c.473 �1]

�� 807.368 Form of permit; rehabilitation training specialists; rules. (1) The Department of Transportation shall adopt rules that establish:

�� (a) The form of the special limited vision condition learner�s permit issued under ORS 807.359.

�� (b) Certification of rehabilitation training specialists, including:

�� (A) Qualifications or requirements for obtaining certification as a rehabilitation training specialist.

�� (B) The issuance of rehabilitation training specialist certificates.

�� (C) The regulation of persons issued rehabilitation training specialist certificates and the rehabilitation training programs offered by those persons.

�� (D) Reasonable fees for issuance of a rehabilitation training specialist certificate.

�� (E) The forms of certificates to be issued.

�� (2) The department shall adopt by rule requirements for a person certified by the department as a rehabilitation training specialist to certify the competency of a person with a limited vision condition to safely exercise driving privileges granted under ORS 807.363. [2003 c.277 �5]

�� 807.369 Driving at night. (1) Notwithstanding ORS 807.363, a person with a limited vision condition may operate a vehicle at night if the person:

�� (a) Is issued a driver license under ORS 807.363;

�� (b) Provides a certificate issued by a rehabilitation training specialist certifying that the person has successfully completed a rehabilitation training program and is able to safely operate a motor vehicle at night; and

�� (c) Is examined every two years by a licensed vision specialist who certifies that the person is able to safely operate a motor vehicle at night.

�� (2) As used in this section, �limited vision condition,� �rehabilitation training specialist� and �rehabilitation training program� have the meanings given those terms in ORS 807.355. [2007 c.588 �8]

FEES

�� 807.370 License, endorsement and permit fees. (1) Fees for issuance of or application for a driving privilege are as follows:

�� (a) Class C driver license or restricted Class C driver license, $58.

�� (b) Class C limited term driver license or restricted Class C limited term driver license, $23.

�� (c) Commercial driver license, whether or not the driver license contains endorsements, $160.

�� (d) Limited term commercial driver license, whether or not the driver license contains endorsements, $45.

�� (e) Instruction driver permit, $30.

�� (f) Commercial learner driver permit, $40.

�� (g) Limited term commercial learner driver permit, $23.

�� (h) Special student driver permit, $23.

�� (i) Emergency driver permit, $23.

�� (j) Special limited vision condition learner�s permit, $13.

�� (k) Disability golf cart driver permit, $44.

�� (L) Hardship driver permit application, $75.

�� (2) In addition to paying a fee under this section for issuance of a commercial driver license of any class, when the Department of Transportation accepts skills test results from a driver competency tester certified under ORS 807.080, the person shall pay a fee of $40.

�� (3) Fees for a motorcycle endorsement are as follows:

�� (a) In addition to any fee for the endorsed driver license, for an original motorcycle endorsement added at the time of an original issuance of a driving privilege or with a renewal or replacement of an existing driving privilege, $60.

�� (b) For an original motorcycle endorsement added without an original issuance of a driving privilege or without a renewal or replacement of an existing driving privilege, $60.

�� (c) A Motorcycle Safety Subaccount fee:

�� (A) Upon original issuance of a motorcycle endorsement, $38.

�� (B) Upon renewal of a driver license with a motorcycle endorsement, $28.

�� (4) Fees for a farm endorsement are as follows:

�� (a) In addition to any fee for the endorsed driver license, for an original farm endorsement added at the time of an original issuance of a driving privilege or with a renewal or replacement of an existing driving privilege, $26.

�� (b) For an original farm endorsement added without an original issuance of a driving privilege or without a renewal or replacement of an existing driving privilege, $29.

�� (5) Fees for renewal of a driving privilege are as follows:

�� (a) Class C driver license, $48.

�� (b) Class C limited term driver license, $8.

�� (c) Commercial driver license, $98.

�� (d) Limited term commercial driver license, $14.

�� (e) Instruction driver permit, $26.

�� (f) Disability golf cart driver permit, $32.

�� (6) Fee to replace a driver license or driver permit, $30.

�� (7) Fees to take tests required for driving privileges or to remove restrictions are as follows:

�� (a) The knowledge test for a Class C driver license or Class C limited term driver license, $7.

�� (b) The knowledge test for a motorcycle endorsement, $7.

�� (c) The knowledge test for any commercial driver license or commercial learner driver permit, to remove a commercial driving privilege restriction or to add a commercial driving privilege endorsement, $10.

�� (d) The skills test for a Class C driver license or Class C limited term driver license, $45.

�� (e) The skills test for any commercial driver license, to remove a restriction or to add any commercial driver license endorsement, $145.

�� (8) Student Driver Training Fund eligibility fee, $6.

�� (9) Limited term Student Driver Training Fund eligibility fee, $2.

�� (10) Fee for reinstatement of revoked driving privileges under ORS 809.390 or reinstatement of suspended driving privileges under ORS 809.380, $85.

�� (11) The department may adopt rules to provide for the assessment or retention of the skills test fee when a test is scheduled but the applicant fails to appear at the scheduled time. [1983 c.338 �344; 1985 c.16 �161; 1985 c.279 �2; 1985 c.736 �4a; 1985 c.608 �31; 1987 c.790 �3; 1987 c.801 �6; 1989 c.161 �2; 1989 c.427 �5; 1989 c.636 �30; 1989 c.902 �3a; 1991 c.709 �3; 1991 c.835 �6; 1993 c.288 �3; 1997 c.292 �1; 1999 c.91 �2; 1999 c.770 �5; 1999 c.795 ��1,2; 2001 c.294 �4; 2001 c.668 �3; 2003 c.14 �485; 2003 c.277 ��9,13; 2003 c.618 �49; 2005 c.59 ��2,3; 2005 c.649 ��10,11; 2007 c.121 ��3,4; 2007 c.122 ��9,10; 2007 c.588 �6; 2008 c.1 ��17,19; 2009 c.810 ��4,5; 2013 c.237 �33; 2017 c.306 �7; 2018 c.76 �8a; 2018 c.114 �1; 2023 c.232 �1]

�� 807.375 [2005 c.775 �5; repealed by 2018 c.114 �9]

�� 807.380 [1985 c.16 �157; 1985 c.258 �3; repealed by 1999 c.91 �8]

�� 807.390 Waiver of certain fees; rules. (1) The Department of Transportation, by rule, may provide for a waiver of the fee under ORS 807.160 for issuance of a replacement license or driver permit.

�� (2) Rules adopted by the department under this section may provide for waiver of the described fee only when all of the following apply:

�� (a) A person requests a change in information contained on a license or driver permit or the department determines such change is necessary.

�� (b) The change in information requested under this subsection is generally accomplished under procedures that do not require the issuance of a new license or driver permit.

�� (c) The department decides to issue a new license or driver permit:

�� (A) For purposes of convenience; or

�� (B) Under circumstances in which the department does not generally issue a new license or driver permit. [1985 c.258 �2; 1999 c.91 �7; 2005 c.59 �4]

IDENTIFICATION CARDS

�� 807.400 Issuance; application; proof of address; contents; renewal; fee; validity; replacement; cancellation; rules. (1) The Department of Transportation shall issue an identification card to any person who:

�� (a) Is domiciled in or is a resident of this state, as described in ORS 807.062;

�� (b) When applying for an identification card that is not a Real ID, provides the Social Security number assigned to the person by the United States Social Security Administration or a written statement that the person has not been assigned a Social Security number, as required under ORS 807.021;

�� (c) Does not have a current, valid driver license;

�� (d) Furnishes evidence of the person�s full legal name and date of birth; and

�� (e) Submits to collection of biometric data by the department that establish the identity of the person as provided in ORS 807.024.

�� (2) The department shall work with other agencies and organizations to attempt to improve the issuance system for identification cards.

�� (3) Every original application for an identification card must be signed by the applicant. The department shall require proof to verify the address of an applicant for issuance of an identification card in addition to other documents the department may require of the applicant. If the address of an applicant has changed since the last time an identification card was issued to or renewed for the applicant, the department shall require proof to verify the address of the applicant for renewal of an identification card, in addition to anything else the department may require. The department shall adopt rules to identify what constitutes proof of address for purposes of this subsection. Proof of address may include, but is not limited to, providing a utility bill, a tax return, a record from a financial institution, a proof of insurance card or a health benefits card, a selective service card, a mortgage document or a lease agreement. The applicant may provide the proof of address by submitting proof in the form of an original document or a copy of a document, use an electronic device to display proof of address, or provide proof through the use of a third party address verification system.

�� (4) Every identification card shall be issued upon the standard driver license form described under ORS 807.110 and shall bear a statement to the effect that the identification card is not a driver license or any other grant of driving privileges to operate a motor vehicle and is to be used for identification purposes only. The department shall use the same security procedures, processes, materials and features for an identification card as are required for a driver license under ORS 807.110. The identification card is not required to contain the residence address of persons listed in ORS 807.110 (1)(e).

�� (5) If the identification card is a limited term identification card issued under ORS

ORS 807.072

807.072.

�� (4) Any other examination or test, including demonstrations, that the department determines may be necessary to assist the department in establishing whether the applicant is eligible for a license under ORS 807.060 or whether the applicant is fit to operate a motor vehicle safely on the highways of this state. In any examination or test under this subsection, the department shall only conduct an investigation for facts relating directly to the ability of the applicant to operate a motor vehicle safely or other facts that are specifically required to show the fitness of the applicant for license. [1983 c.338 �304; 1985 c.608 �17; 1989 c.636 �19; 1993 c.309 �1; 1997 c.83 �2; 1999 c.1051 �87; 2001 c.410 �1; 2003 c.14 �472; 2003 c.277 ��6,10; 2005 c.649 ��5,6; 2007 c.70 ��326,327; 2007 c.588 �3; 2007 c.677 ��1,2; 2009 c.810 �1; 2013 c.237 �41; 2017 c.190 �4; 2021 c.12 �4]

�� 807.072 Waiver of certain examinations, tests and demonstrations; rules. (1) The Department of Transportation, by rule, may waive any examination, test or demonstration required under ORS 807.070 (2) or (3) if the department receives satisfactory proof that the person required to take the examination, test or demonstration has passed an examination, test or demonstration approved by the department that:

�� (a) Is given in conjunction with a traffic safety education course certified by the department under ORS 336.802;

�� (b) Is given in conjunction with a motorcycle rider education course established under ORS

ORS 807.130

807.130; or

�� (b) Applies for issuance of a license within six months after the applicant is discharged from the Armed Forces of the United States and was licensed by this state at the time of the applicant�s entry into the Armed Forces.

�� (2) To qualify for renewal of a license under this section, a person must meet all of the requirements under ORS 807.040 for the class of license sought to be renewed, except that the department may waive the examination under ORS 807.070 of a person applying for renewal of a license unless the department has reason to believe that the applicant is not qualified to hold the license or unless the applicant for renewal has not previously been examined.

�� (3) To receive a renewal under this section, the license renewal fee and the Student Driver Training Fund eligibility fee under ORS 807.370 must be paid.

�� (4) If a person who applies for a renewal under this section is not qualified to renew the class of license sought to be renewed, the department may issue the person any lower class of license for which the person qualifies in lieu of renewing the person�s license for the class of license held by the person.

�� (5) A license that is renewed under this section may be used on or after the date of issuance. If the department issues a license renewal to a person under this section before the expiration of the license being renewed, the older license is invalid. A license that becomes invalid under this subsection shall be destroyed by the person to whom it was issued.

�� (6) If the address of the applicant has changed since the last time a license was issued to or renewed for the applicant, the department shall require proof to verify the address of an applicant for renewal of a license in addition to anything else the department may require of the applicant. The department shall adopt rules to identify what constitutes proof of address for purposes of this subsection. Verification of proof of address may include, but is not limited to, providing a utility bill, a tax return, a record from a financial institution, a proof of insurance card or a health benefits card, a selective service card, a mortgage document or a lease agreement. The applicant may provide the proof of address by submitting proof in the form of an original document or a copy of a document, use an electronic device to display proof of address, or provide proof through the use of a third party address verification system. [1983 c.338 �310; 1985 c.16 �131; 1985 c.597 �10; 1985 c.608 �19; 1991 c.709 �2; 1993 c.751 �42; 2001 c.668 �9; 2015 c.716 �8; 2021 c.12 �7]

�� 807.160 Replacement license or permit; rules; fees. (1) The Department of Transportation shall establish by rule the reasons for issuing a replacement driver license or driver permit to a person who submits an application for the replacement. The reasons for replacement shall include, but are not limited to, situations when the person:

�� (a) Furnishes proof satisfactory to the department of the loss, destruction or mutilation of the person�s driver license or driver permit.

�� (b) Changes residence address from the address noted on the person�s driver license or driver permit or the department�s records.

�� (c) Is a corrections officer or an eligible employee who has requested, in accordance with ORS 802.250 or 802.253, that department records show the address of the person�s employer.

�� (d) Changes names from the name noted on the person�s driver license or driver permit.

�� (e) Is applying or is required to add or remove a restriction on the driver license or driver permit.

�� (f) Is applying or is required to add or remove an endorsement other than a motorcycle endorsement on the driver license or driver permit.

�� (g) Furnishes proof satisfactory to the department or the department determines that the department made an error when issuing a driver license or driver permit.

�� (h) Furnishes proof satisfactory to the department that, for a reason identified by the department by rule, the person needs a replacement driver license or driver permit that bears a different distinguishing number from the license or permit being replaced.

�� (i) Furnishes proof satisfactory to the department that the person is a veteran, as defined in ORS 408.225, and the person requests a replacement driver license that includes the fact that the person is a veteran.

�� (2) A replacement driver license or driver permit issued under this section:

�� (a) Shall bear the same distinguishing number as the driver license or driver permit replaced unless the person applying for the replacement furnishes proof as described in subsection (1)(h) of this section.

�� (b) Does not alter or extend the driving privileges granted to the person under the old license or permit unless the replacement license or permit was issued for the purpose of changing a restriction or endorsement or for correcting an error involving driving privileges.

�� (3) Except for driver permits for which the department does not charge an issuance fee, the department shall charge the fee under ORS 807.370 for a replacement license or driver permit issued under this section. The replacement fee is in addition to any endorsement or test fee that may apply. The department may waive the replacement fee as provided under ORS 807.390.

�� (4) The driver license or driver permit replaced under this section is invalid and shall be surrendered to the department.

�� (5) The department may not issue a replacement driver license or driver permit under this section if:

�� (a) The person making application is not qualified to hold a license or permit at the time of application.

�� (b) The driving privileges of the person making application are suspended or revoked and have not been partially or completely reinstated.

�� (6) The department need not issue a replacement driver license or driver permit to a person who has not complied with the requirements and responsibilities created by citation for or conviction of a traffic offense in another jurisdiction if an agreement under ORS 802.530 authorizes the department to withhold issuance of a replacement license or permit. [1983 c.338 �313; 1985 c.16 �133; 1985 c.174 �9; 1985 c.258 �4; 1985 c.396 �8; 1985 c.563 �7; 1985 c.597 �12a; 1985 c.669 �9; 1989 c.535 �1; 1991 c.67 �218; 1991 c.523 �7; 1991 c.702 �23; 1993 c.393 �2; 1993 c.751 �43; 2005 c.59 �1; 2005 c.241 �1a; 2005 c.292 �8a; 2010 c.61 �2; 2019 c.312 �16]

�� 807.162 [2001 c.789 �2; 2008 c.1 �16; repealed by 2005 c.775 �15]

�� 807.164 Commercial driving privileges; federal waiver; rules. (1) The Department of Transportation, in accordance with a concurrent federal waiver, may modify or waive the requirements found in ORS 807.040, 807.060, 807.070, 807.100,

ORS 807.400

807.400 that is prohibited in relation to a license under ORS 807.530, 807.580 to 807.600 or 809.500 or fails to perform any act in relation to an identification card issued under ORS 807.400 that is required in relation to a license under ORS 807.530, 807.580 to 807.600 or 809.500.

�� (2) The offense described by this section, misuse of identification card, is a Class A misdemeanor. [1983 c.338 �869; 1985 c.393 �67; 1987 c.262 �3]

REAL ID

�� 807.450 Definition. �Real ID� means a driver license, driver permit or identification card that complies with the Real ID Act of 2005, P.L. 109-13, that is issued by this state and marked with a distinguishing feature. [2017 c.568 �3]

�� 807.455 Issuance, replacement and renewal; requirements. (1) The Department of Transportation shall issue a Real ID to any person who:

�� (a) Meets the requirements for a driver license, driver permit or identification card as described in the vehicle code;

�� (b) Submits proof, as required by rule by the department, establishing the person�s:

�� (A) Identity;

�� (B) Date of birth;

�� (C) Social Security number, or proof that the person is not eligible for a Social Security number; and

�� (D) Lawful status in the United States;

�� (c) Pays the fee described in ORS 807.460; and

�� (d) Surrenders any Real ID previously issued to the person by this state or another jurisdiction.

�� (2) If there is any change to the applicant�s name, date of birth or Social Security number after the department issues a Real ID to the applicant, the department may not replace or renew the Real ID unless the applicant appears in person and submits proof of the change, as required by rule by the department. [2017 c.568 �4]

�� 807.460 Fees. (1) In addition to any fee imposed under ORS 807.370 or 807.410, the Department of Transportation shall impose a fee for each Real ID issued, renewed or replaced, for the purpose of covering the additional costs to the department related to the issuance of Real IDs.

�� (2) An applicant who applies for a Real ID driver license as an original driver license shall pay the driver license issuance fee under ORS 807.370, plus the fee described in subsection (1) of this section.

�� (3) An applicant who applies to replace a current driver license with a Real ID driver license shall pay the driver license replacement fee under ORS 807.370, plus the fee described in subsection (1) of this section.

�� (4) An applicant who applies to renew a driver license with a Real ID driver license shall pay the driver license renewal fee under ORS 807.370, plus the fee described in subsection (1) of this section.

�� (5) In addition to the fees in subsection (2), (3) or (4) of this section, an applicant who applies for a class of driver license that is different from the driver license the applicant currently holds, or who applies to add or remove an endorsement, as part of Real ID issuance, shall pay the fees associated with the new class of license or the endorsement for which the applicant is applying. [2017 c.568 �5; 2018 c.60 �1; 2018 c.114 �7]

�� 807.465 Document retention. For the purpose of issuing Real IDs only, the Department of Transportation shall:

�� (1) Capture digital images of identity source documents and retain the images in a transferable format.

�� (2) Retain digital images of identity source documents for a minimum of 10 years. [2017 c.568 �6]

�� 807.470 Disclosure of identity source documents. (1) Except as provided in subsection (2) of this section, an officer, employee or contractor of the Department of Transportation may not knowingly disclose, or otherwise make available to any person copies of, identity source documents submitted to the department in connection with an application for a driver license, driver permit or identification card.

�� (2) An officer, employee or contractor of the department may make information or copies described in subsection (1) of this section available to the agency that issued the identity source document for the purpose of verifying the identity source document. [2017 c.568 �7]

�� 807.475 Fingerprint requirements. (1) The Department of Transportation may require all employees, volunteers or contractors with access to systems that enable them to affect the information that appears on driver licenses, driver permits or identification cards to be fingerprinted.

�� (2) Fingerprints acquired under this section may be used for the purpose of requesting state or nationwide criminal records checks under ORS 181A.195. [2017 c.568 �8]

�� 807.480 Verification of lawful status in the United States; rules. (1) The Department of Transportation shall verify an applicant�s Social Security number before issuing an original or renewal Real ID.

�� (2) The department shall verify the applicant�s lawful status in the United States before issuing an original Real ID.

�� (3) The department shall verify the lawful status in the United States of an applicant who is not a citizen of the United States when the applicant is applying to renew a Real ID.

�� (4) Notwithstanding the requirements of subsections (2) and (3) of this section, the department may verify the lawful status in the United States of any applicant applying for renewal or replacement of a Real ID, as determined by the department by rule.

�� (5) The department shall determine, by rule, expiration dates for a Real ID issued to a person who is not a citizen or permanent legal resident of the United States. To the extent possible, rules adopted by the department under this section must be uniform with any applicable federal regulations related to Real ID. [2017 c.568 �9; 2019 c.312 �34]

�� 807.485 Public information program. The Department of Transportation shall develop a public information program to educate driver license, driver permit and identification card applicants and the general public about:

�� (1) The differences between Real IDs and driver licenses, driver permits or identification cards that are not Real IDs, including but not limited to information about cost, document storage and function.

�� (2) Alternatives to obtaining a Real ID to access federal facilities and board federally regulated commercial aircraft. [2017 c.568 �10]

OFFENSES

�� 807.500 Unlawful production of certain documents; affirmative defense; penalty. (1) A person commits the offense of unlawful production of identification cards, licenses, permits, forms or camera cards if the person, without the authority of the Department of Transportation, advertises for the production of, produces in any way or causes to be produced any facsimiles of the identification cards, licenses, permits, forms or camera cards upon which the department issues identification cards, licenses or driver permits under the vehicle code.

�� (2) The offense described in this section, unlawful production of identification cards, licenses, permits, forms or camera cards, is a Class C felony.

�� (3) It is an affirmative defense to violating subsection (1) of this section that the person charged with the offense was under 21 years of age at the time of committing the offense and the person produced an identification card, license or permit solely for the purpose of enabling the person to purchase alcohol, tobacco products as defined in ORS 431A.175 or inhalant delivery systems as defined in ORS 431A.175. [1983 c.338 �330; 1985 c.597 �19; 1993 c.393 �3; 2003 c.633 �1; 2015 c.158 �27; 2017 c.701 �17]

�� 807.510 Transfer of documents for purposes of misrepresentation; penalty. (1) A person commits the offense of transfer of documents for the purposes of misrepresentation if the person:

�� (a) Manufactures, produces, sells, offers for sale or transfers to another person any document purporting to be a certified copy of a record of a live birth, certificate of baptism, driver license or any other document designated by the Department of Transportation by rule as acceptable for establishing age or identity; and

�� (b) Knows or has reason to know that the document may be used to represent a person as another person in obtaining documents issued by a government agency to grant driving privileges or for identification purposes.

�� (2) The offense described in this section, transfer of documents for purposes of misrepresentation, is a Class A misdemeanor. [1983 c.338 �331; 1985 c.597 �20; 1993 c.393 �4; 2013 c.366 �84]

�� 807.520 False swearing to receive license; penalty. (1) A person commits the offense of false swearing to receive a driver license if the person:

�� (a) Makes any false affidavit or knowingly swears or affirms falsely to any matter required to be sworn to or affirmed in the process of applying for, receiving and holding a driver license or driver permit under the vehicle code;

�� (b) Makes any false affidavit or knowingly swears or affirms falsely to any matter required to be sworn or affirmed in the support of another person�s application for receiving and holding a driver license or driver permit under the vehicle code; or

�� (c) Takes any test related to the issuance of a driver license or driver permit on behalf of another applicant for a driver license or driver permit, or otherwise knowingly commits fraud in assisting another person in passing any test related to the issuance of a driver license or driver permit.

�� (2) The offense described in this section, false swearing to receive a driver license, is a Class A misdemeanor. [1983 c.338 �332; 2025 c.415 �6]

�� 807.530 False application for license; penalty. (1) A person commits the offense of providing a false application for a license if the person in applying for a license or driver permit or for renewal or replacement thereof under the vehicle code knowingly:

�� (a) Uses or gives a false or fictitious name or identity;

�� (b) Gives or uses a false or fictitious address;

�� (c) Gives or uses a false age;

�� (d) Makes a false statement;

�� (e) Conceals a material fact;

�� (f) Uses or attempts to use false identification documents;

�� (g) Allows another person to take any test related to issuance of a license or permit on behalf of the applicant; or

�� (h) Otherwise commits fraud in the application.

�� (2) The offense described in this section, providing a false application for a license, is a Class A misdemeanor. [1983 c.338 �333; 1985 c.16 �153; 1993 c.393 �5; 1999 c.770 �3; 2005 c.59 �9]

�� 807.540 Failure to surrender prior license; penalty. (1) A person commits the offense of failing to surrender a prior license if the person accepts a license or driver permit issued by the Department of Transportation to that person without first surrendering all out-of-state licenses or driver permits issued to that person.

�� (2) The offense described in this section, failure to surrender a prior license, is a Class D traffic violation. [1983 c.338 �334; 1985 c.16 �154; 1985 c.597 �21; 1995 c.383 �9]

�� 807.550 Holding multiple licenses; penalty. (1) A person commits the offense of holding multiple licenses if the person applies for and accepts a license or driver permit, other than an instruction driver permit, when the person holds an existing license or driver permit.

�� (2) The offense described in this section, holding multiple licenses, is a Class B traffic violation. [1983 c.338 �335; 1985 c.608 �30]

�� 807.560 Failure to notify department upon change of address or name; rules; penalty. (1) A person to whom a license or driver permit is issued commits the offense of failure to notify upon change of driver address or name if the person does not notify the Department of Transportation in a manner authorized by the department by rule upon any change of the person�s:

�� (a) Residence address from that noted on the person�s license or driver permit as issued or on the department�s records;

�� (b) Name from that noted on the person�s license or driver permit as issued, including a change of name by marriage; or

�� (c) Place of employment, if the person is a corrections officer, as provided in ORS 802.253, or an eligible employee, as defined in ORS 802.250, whose place of employment address is noted on department records in accordance with ORS 802.250 or

ORS 807.410

807.410.

�� (3) The department may determine by rule:

�� (a) What is considered a law enforcement agency for the purposes of this section; and

�� (b) The criteria for making a request under this section.

�� (4) The department may maintain a driving record under ORS 802.200 for a fictitious driver license or fictitious identification card issued under this section.

�� (5) All information submitted to and maintained by the department regarding the true identity of a law enforcement official under this section is confidential. The department may only disclose information regarding the true identity of a law enforcement official to a law enforcement agency upon request. [2009 c.258 �4; 2018 c.114 �8]

�� 807.730 Issuance of limited term driver licenses, permits and identification cards; rules. (1) The Department of Transportation may issue or replace a Real ID limited term driver license, Real ID limited term commercial driver license, Real ID limited term driver permit, limited term commercial learner driver permit, limited term commercial driver license that is not a Real ID or Real ID limited term identification card only for a person who provides proof, as determined by the department by rule, that the person has lawful status in the United States on a temporary basis.

�� (2) A Real ID limited term driver license, Real ID limited term commercial driver license, limited term commercial driver license that is not a Real ID or Real ID limited term identification card is valid:

�� (a) During the applicant�s authorized stay in the United States, but no longer than eight years from the date of issuance; or

�� (b) If there is no definite end to the authorized stay, for a period of one year.

�� (3) A Real ID limited term driver permit or a limited term commercial learner driver permit is valid:

�� (a) During the applicant�s authorized stay in the United States, but no longer than the period of time for which a driver permit of the same type is issued by the department.

�� (b) If there is no definite end to the authorized stay, for a period of one year but no longer than the period of time for which a driver permit of the same type is issued by the department.

�� (4) A Real ID limited term driver license, Real ID limited term commercial driver license, limited term commercial driver license that is not a Real ID, Real ID limited term driver permit or Real ID limited term identification card may be renewed only upon presentation of valid documentation, as determined by the department by rule, that the status by which the applicant qualified for the Real ID limited term driver license, Real ID limited term commercial driver license, limited term commercial driver license that is not a Real ID, Real ID limited term driver permit or Real ID limited term identification card has been extended or is still in effect.

�� (5) A Real ID limited term driver license or Real ID limited term driver permit grants the same driving privileges as a driver license or driver permit.

�� (6) A Real ID limited term identification card shall bear a statement to the effect that the Real ID limited term identification card is not a license or any other grant of driving privileges to operate a motor vehicle and is to be used for identification purposes only.

�� (7) A limited term commercial driver license, a Real ID limited term commercial driver license or limited term commercial learner driver permit grants the same privileges as a commercial driver license or commercial learner driver permit.

�� (8) The department may issue a Real ID limited term commercial driver license, limited term commercial driver license that is not a Real ID or limited term commercial learner driver permit if the applicant is otherwise eligible for commercial driving privileges. The department may adopt rules describing eligibility requirements for Real ID limited term commercial driver licenses, limited term commercial driver licenses that are not Real ID and limited term commercial learner driver permits.

�� (9) A Real ID limited term driver license, Real ID limited term commercial driver license, limited term commercial driver license that is not a Real ID, Real ID limited term driver permit, limited term commercial learner driver permit or Real ID limited term identification card shall clearly indicate on the face of the card and in the machine readable zone that it is a Real ID limited term driver license, Real ID limited term commercial driver license, limited term commercial driver license that is not a Real ID, Real ID limited term driver permit, limited term commercial learner driver permit or Real ID limited term identification card and indicate the date on which it expires. [2008 c.1 �4; 2009 c.258 �1; 2017 c.306 �6; 2017 c.568 �19; 2019 c.701 �7]

�� 807.735 [2008 c.1 �34; repealed by 2019 c.701 �24]

�� 807.745 Findings regarding personal information contained in driver licenses, driver permits and identification cards. The Legislative Assembly finds that:

�� (1) Oregon recognizes the importance of protecting the confidentiality and privacy of an individual�s personal information contained in driver licenses, driver permits and identification cards.

�� (2) Machine-readable features found on driver licenses, driver permits and identification cards are intended to facilitate verification of age or identity, not to facilitate collection of personal information about individuals nor to facilitate the creation of private databases of transactional information associated with those individuals.

�� (3) Easy access to the information found on driver licenses, driver permits and identification cards facilitates the crime of identity theft, which is a major concern in Oregon. [2009 c.546 �1]

�� Note: 807.745 and 807.750 were enacted into law by the Legislative Assembly but were not added to or made a part of the Oregon Vehicle Code or any chapter or series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 807.750 Restrictions on swiping driver licenses or identification cards. (1) As used in this section:

�� (a) �Driver license� means a license or permit issued by this state or any other jurisdiction as evidence of a grant of driving privileges.

�� (b) �Financial institution� has the meaning given that term in ORS 706.008.

�� (c) �Identification card� means the card issued under ORS 807.400 or a comparable provision in another state.

�� (d) �Personal information� means an individual�s name, address, date of birth, photograph, fingerprint, biometric data, driver license number, identification card number or any other unique personal identifier or number.

�� (e) �Private entity� means any nongovernmental entity, such as a corporation, partnership, company or nonprofit organization, any other legal entity or any natural person.

�� (f) �Swipe� means the act of passing a driver license or identification card through a device that is capable of deciphering, in an electronically readable format, the information electronically encoded in a magnetic strip or bar code on the driver license or identification card.

�� (2) Except as provided in subsection (6) of this section, a private entity may not swipe an individual�s driver license or identification card, except for the following purposes:

�� (a) To verify the authenticity of a driver license or identification card or to verify the identity of the individual if the individual pays for a good or service with a method other than cash, returns an item or requests a refund.

�� (b) To verify the individual�s age when providing an age-restricted good or service to any person.

�� (c) To prevent fraud or other criminal activity if an individual returns an item or requests a refund and the private entity uses a fraud prevention service company or system.

�� (d) To transmit information to a check services company for the purpose of approving negotiable instruments, electronic funds transfers or similar methods of payment.

�� (e) To collect information about the individual for the purpose of processing an application for a deposit account or loan for the individual, if the private entity is a financial institution.

�� (f) To enable a pharmacist, pharmacy technician or intern, as those terms are defined in ORS

ORS 807.420

807.420.

�� (12) If a person to whom an identification card was issued and who changes the person�s residence address submits an application for a replacement identification card, the department may issue a replacement identification card containing the new address upon receipt of the old identification card and payment of the fee established under ORS 807.410. Except as otherwise provided in subsection (14) of this section, the replacement identification card shall bear the same distinguishing number as the card being replaced.

�� (13) An identification card becomes invalid if the holder of the card changes the holder�s name from that shown on the card, including a change of name by marriage, without providing the department with notice of the change as required under ORS 807.420. Upon receiving such notice and the old identification card, the department shall issue a replacement identification card upon payment of the fee established under ORS 807.410.

�� (14) In the event that, for a reason identified by the department by rule, a person needs a replacement identification card that bears a distinguishing number different from the number on the card being replaced, the person to whom the card was issued may obtain a replacement card from the department upon furnishing proof satisfactory to the department of the need for such replacement and payment of the fee established under ORS 807.410.

�� (15) If a person furnishes proof that the person is a veteran, as defined in ORS 408.225, and the person�s identification card does not include the fact that the person is a veteran, the department shall issue a replacement identification card that includes the fact that the person is a veteran.

�� (16) The department may establish by rule reasons for issuing replacement identification cards that are in addition to the reasons identified in subsections (12) to (15) of this section. The fee for a replacement identification card is provided under ORS 807.410.

�� (17) Upon cancellation of an identification card, the card is terminated and must be surrendered to the department. An identification card may be canceled for any of the reasons that driving privileges or a driver license may be canceled under ORS 809.310. The department may reissue an identification card canceled under this subsection when the applicant has satisfied all requirements for the identification card.

�� (18) Notwithstanding any other provision of this section, the department may issue an identification card to a person under this subsection without charge when the person surrenders the person�s driver license or driver permit to the department for reasons described in this subsection. If the department issues an identification card under this subsection, the identification card shall expire at the same time as the surrendered driver license or driver permit would have expired. An identification card issued under this subsection is subject to the same requirements and fees for renewal or upon expiration as any other identification card issued under this section. The department may issue identification cards under this subsection for any of the following reasons:

�� (a) The person voluntarily surrenders the person�s driver license or driver permit to the department based upon the person�s recognition that the person is no longer competent to drive.

�� (b) The person�s driving privileges are suspended under ORS 809.419 (1). This paragraph only applies if the person voluntarily surrenders the person�s driver license or driver permit to the department as provided under ORS 809.500.

�� (19) If a person is applying for an identification card that is a Real ID, the person must comply with the requirements under the vehicle code for issuance of Real IDs. [1983 c.338 �866; 1985 c.16 �437; 1985 c.174 �13; 1985 c.301 �2; 1989 c.535 �2; 1993 c.393 �2a; 1993 c.741 �82; 1993 c.751 �48; 2001 c.452 �1; 2003 c.402 �19; 2005 c.59 �10; 2005 c.241 �2a; 2005 c.775 �8; 2007 c.542 ��8,9; 2008 c.1 ��21,22; 2010 c.61 �3; 2011 c.282 �4; 2015 c.716 �1; 2017 c.568 �18; 2019 c.312 ��26,27; 2019 c.701 ��5,6]

�� 807.405 Applicant temporary identification card; rules. (1) The Department of Transportation shall provide for the issuance of applicant temporary identification cards in a manner consistent with this section.

�� (2) The department may issue an applicant temporary identification card to an applicant while the department is determining all facts relative to the application for an identification card.

�� (3) An applicant temporary identification card is valid for a period of 30 days from the date issued. The department may extend the term of the applicant temporary identification card for sufficient cause. An extension of the term of the applicant temporary identification card may not exceed an additional 30 days.

�� (4) An applicant temporary identification card automatically becomes invalid if the applicant�s identification card is issued or refused for good cause.

�� (5) The department may not charge a fee for issuance of an applicant temporary identification card under this section. [2005 c.775 �10; 2008 c.1 �28; 2011 c.9 �99; 2011 c.282 �5; 2019 c.701 �22]

�� 807.410 Fees; rules. (1) The following fees apply to identification cards unless otherwise provided by ORS

ORS 807.730

807.730, the limited term identification card shall indicate:

�� (a) That it is a limited term identification card; and

�� (b) The date on which the limited term identification card expires.

�� (6) Upon order of the juvenile court, the department shall include on the card the fact that the person issued the identification card is an emancipated minor.

�� (7) Upon request of the person to whom the identification card is issued and presentation of proof, as determined by the department by rule, that the person is a veteran, as defined in ORS 408.225, the department shall include on the card the fact that the person is a veteran.

�� (8) Each original identification card shall expire on a date consistent with the expiration dates of licenses as set forth in ORS 807.130.

�� (9) Identification cards shall be renewed under the terms for renewal of licenses as set forth in ORS 807.150.

�� (10) The fee for an original identification card or a renewal thereof shall be the fee established under ORS 807.410.

�� (11) An identification card becomes invalid if the holder of the card changes the holder�s residence address from that shown on the identification card and does not provide the department with notice of the change as required under ORS

ORS 809.235

809.235 (1)(b) and later ordered restored under ORS 809.235 (4).

�� (3)(a) Except as provided in paragraph (c) of this subsection, as a condition of a driving while under the influence of intoxicants diversion agreement:

�� (A) The court shall require that an approved ignition interlock device be installed and used in any vehicle operated by the person during the period of the agreement when the person has driving privileges if:

�� (i) A chemical test of the person�s breath or blood disclosed a blood alcohol content of 0.08 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood;

�� (ii) The person refused to submit to a chemical test of the person�s breath or blood; or

�� (iii) A chemical test of the person�s breath, blood or urine disclosed a blood alcohol content of more than 0.00 but less than 0.08 percent by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood and disclosed the presence of an intoxicant other than intoxicating liquor.

�� (B) The court may require that an approved ignition interlock device be installed and used in any vehicle operated by the person during the period of the agreement when the person has driving privileges if the person submitted to a chemical test of the person�s breath, blood or urine and the test disclosed a blood alcohol content below 0.08 percent by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood.

�� (b) In addition to any action taken under ORS 813.255, violation of the condition imposed under this subsection is a Class A traffic violation.

�� (c) A court may exempt a person from the condition in a diversion agreement to have installed and be using an ignition interlock device if the court determines that the person meets the requirements for a medical exemption in accordance with rules adopted by the department under this section. A person granted a medical exemption under this paragraph shall carry proof of the medical exemption with the person while operating any vehicle.

�� (4) The department shall adopt rules permitting medical exemptions from the requirements of installation and use of an ignition interlock device under this section.

�� (5) When a person is required to install an ignition interlock device under subsection (2) of this section, the manufacturer�s representative providing the device shall provide notice of any installation or removal of the device or any tampering with the device to:

�� (a) The supervising court or to the court�s designee, including but not limited to an agency or organization certified by the Oregon Health Authority under ORS

ORS 809.430

809.430.

�� (c) The hearing shall be in the county where the person resides unless the person and the department agree otherwise.

�� (d) The hearing shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605.

�� (2) The following apply when administrative review is provided under any statute or rule of the department:

�� (a) An administrative review shall consist of an informal administrative process to assure prompt and careful review by the department of the documents upon which an action is based.

�� (b) It shall be a defense to the department�s action if a petitioner can establish that:

�� (A) A conviction on which the department�s action is based was for an offense that did not involve a motor vehicle and the department�s action is permitted only if the offense involves a motor vehicle.

�� (B) An out-of-state conviction on which the department�s action is based was for an offense that is not comparable to an offense under Oregon law.

�� (C) The records relied on by the department identify the wrong person.

�� (c) A person requesting administrative review has the burden of showing by a preponderance of the evidence that the person is not subject to the action.

�� (d) Actions subject to administrative review shall be exempt from the provisions of ORS chapter 183 applicable to contested cases, and from the provisions of subsection (5) of this section applicable to post-imposition hearings. A suspension, revocation or cancellation may not be stayed during the administrative review process or by the filing of a petition for judicial review. A court having jurisdiction may order the suspension, revocation or cancellation stayed pending judicial review.

�� (e) Judicial review of a department order affirming a suspension or revocation after an administrative review shall be available as for review of orders other than contested cases, and the department may not be subject to default for failure to appear in such proceedings. The department shall certify its record to the court within 20 days after service upon the department of the petition for judicial review.

�� (f) If the suspension or revocation is upheld on review by a court, the suspension or revocation shall be ordered for the length of time appropriate under the appropriate statute except that the time shall be reduced by any time prior to the determination by the court that the suspension or revocation was in effect and was not stayed.

�� (g) The department shall adopt any rules governing administrative review that are considered necessary or convenient by the department.

�� (3) At a hearing for failure to make a future responsibility filing or false certification of financial responsibility requirements under ORS 809.415, it is a defense to the department�s action if the petitioner can establish that:

�� (a) An error was committed by the department;

�� (b) The person in fact was in compliance with financial responsibility requirements on the date specified by the department by rule under ORS 806.150;

�� (c) An error was committed by an insurance company in notifying the department regarding the correctness of proof of compliance with financial responsibility requirements provided under ORS 806.150;

�� (d) The person was not in compliance with financial responsibility requirements on the date specified by the department by rule under ORS 806.150, and the department also determines that the person reasonably and in good faith believed that the person was in compliance with financial responsibility requirements on the date the department sent the notice of verification and that the person currently is in compliance with financial responsibility requirements; or

�� (e) At the time of the accident the person reasonably and in good faith believed that the person was in compliance with financial responsibility requirements, and the person is currently in compliance with financial responsibility requirements.

�� (4) When permitted under this section or under any other statute, a hearing may be expedited under procedures adopted by the department by rule. The procedures may include a limited time in which the person may request a hearing, requirements for telephone hearings, expedited procedures for issuing orders and expedited notice procedures.

�� (5) When permitted under ORS 809.417, 809.419, 809.421 or 809.510 to 809.545, a hearing may be a post-imposition hearing under this subsection. A post-imposition hearing is a hearing that occurs after the department imposes the suspension or revocation of driving privileges. All of the following apply to this subsection:

�� (a) The department must provide notice in the manner described in ORS 809.430 before the suspension or revocation may take effect.

�� (b) Except as provided in this subsection, the hearing shall be conducted as a contested case in accordance with ORS chapter 183.

�� (c) Unless there is an agreement between the person and the department that the hearing be conducted elsewhere, the hearing shall be held either in the county where the person resides or at any place within 100 miles, as established by the department by rule.

�� (6) The department has complied with a requirement for a hearing or administrative review if the department has provided an opportunity for hearing or review and the person with the right to the hearing or review has not requested it. Any request for hearing or review must be made in writing.

�� (7) For any hearing described under this section, and for administrative review described under this section, no further notice need be given by the department if the suspension or revocation is based upon a conviction and the court gives notice, in a form established by the department, of the rights to a hearing or review and of the suspension or revocation. [1985 c.669 �4 (enacted in lieu of 1983 c.338 ��356,357); 1987 c.437 �1; 1989 c.636 �37; 1991 c.702 �3; 1997 c.249 �225; 1999 c.770 �6; 1999 c.849 ��190,191; 2003 c.75 �66; 2003 c.402 ��29,30; 2011 c.355 �16; 2013 c.237 �22; 2021 c.630 �83]

�� 809.450 Hearing for rescission of suspension for financial and future responsibility violations; grounds. (1) If a person whose driving privileges have been suspended for one of the reasons specified in subsection (2) of this section requests that the suspension be rescinded and specifies the reason for the request, the Department of Transportation may provide a hearing to determine the validity of the suspension. The department may rescind a suspension only as provided in subsection (3) of this section.

�� (2) This section applies to suspensions under:

�� (a) ORS 809.415 for failure to make a future responsibility filing;

�� (b) ORS 809.415 for false certification of financial responsibility requirements; and

�� (c) ORS 809.417 for involvement in a motor vehicle accident when the department has determined that the person has been operating a vehicle in violation of ORS 806.010.

�� (3) The granting of a hearing under this section shall not stay the suspension. However, the department shall rescind the suspension if the department determines:

�� (a) That an error was committed by the department;

�� (b) That the person in fact was in compliance with financial responsibility requirements on the date specified by the department by rule under ORS 806.150;

�� (c) That an error was committed by an insurance company in notifying the department regarding the correctness of proof of compliance with financial responsibility requirements provided under ORS 806.150;

�� (d) That the person was not in compliance with financial responsibility requirements on the date specified by the department by rule under ORS 806.150 and the department also determines that the person reasonably and in good faith believed that the person was in compliance with financial responsibility requirements on the date the department sent the notice of verification and that the person currently is in compliance with financial responsibility requirements; or

�� (e) That at the time of the accident the person reasonably and in good faith believed that the person was in compliance with financial responsibility requirements and the person is currently in compliance with financial responsibility requirements.

�� (4) The hearing shall be held in the manner provided in ORS 809.440. [1985 c.714 �11; 1987 c.258 �10; 2003 c.402 �31; 2019 c.312 �12]

�� 809.460 Rescission of suspension or revocation upon appeal of underlying conviction. (1) Except as provided in subsection (4) of this section, if a suspension or revocation of driving privileges is based upon a conviction, the court that entered the judgment of conviction may direct the Department of Transportation to rescind the suspension or revocation if:

�� (a) The person has appealed the conviction; and

�� (b) The person requests in writing that the court direct the department to rescind the suspension or revocation pending the outcome of the appeal.

�� (2) If directed by a court pursuant to subsection (1) of this section to do so, the department shall immediately rescind a suspension or revocation of driving privileges.

�� (3) The court shall notify the department immediately if the conviction is affirmed on appeal, the appeal is dismissed or the appeal is not perfected within the statutory period. Upon receipt of notice under this subsection, the department shall reimpose any suspension or revocation that has been rescinded under this section.

�� (4) If a person�s commercial driving privileges are suspended under ORS 809.510 to 809.545, the department may not rescind suspension of the person�s commercial driving privileges because the person has taken an appeal, unless the conviction is reversed on appeal. [1983 c.338 �359; 1985 c.16 �174; 1989 c.636 �38; 1993 c.751 �61; 1997 c.347 �1; 2003 c.402 �32; 2005 c.649 �17; 2013 c.237 �23]

�� 809.470 When judgment considered settled for purposes of suspension requirements. (1) This section establishes when a judgment described under ORS 806.040 is settled for purposes of ORS 809.130,

ORS 809.500

809.500.

�� (6) To obtain driving privileges after the period of suspension or cancellation under this section, a person must reapply for driving privileges in the manner established by law. [1983 c.338 �345; 1985 c.393 �8; 1987 c.272 �1; 1993 c.393 �6; 2018 c.76 �29; 2021 c.630 �105]

�� 809.312 Reissuance of privileges after suspension for submitting false information. (1) A person whose driving privileges or right to apply for driving privileges or whose identification card or right to apply for an identification card has been suspended for one of the reasons specified in subsection (2) of this section may request that the person�s driving privileges or right to apply for driving privileges or identification card or right to apply for an identification card be reinstated after the Department of Transportation determines the criteria are met under subsection (4) of this section.

�� (2) This section applies to suspensions imposed under:

�� (a) ORS 809.310 (3)(a);

�� (b) ORS 809.310 (3)(b); and

�� (c) ORS 809.415 (5) for committing an act that constitutes an offense described in ORS 809.310 (3)(a) or (b).

�� (3) To make a request under subsection (1) of this section, the person must provide sufficient proof for the department to make the determinations required in subsection (4) of this section. The department shall provide an administrative review to determine if the person�s driving privileges or right to apply for driving privileges or identification card or right to apply for an identification card should be reinstated and may reinstate the person�s suspended driving privileges or right to apply for driving privileges or identification card or right to apply for an identification card only as provided in subsection (4) of this section.

�� (4) The granting of an administrative review under this section does not stay the suspension. However, the department shall reinstate the person�s driving privileges or right to apply for driving privileges or identification card or right to apply for an identification card if under objective criteria adopted by the department by rule, the department determines the suspension resulted from:

�� (a) An act described in ORS 809.310 (3)(a) or (b) committed by the person when the person was under 21 years of age; and

�� (b) The person committed the act solely for the purpose of:

�� (A) Attempting to purchase, purchasing, consuming or acquiring alcoholic beverages as described in ORS 471.430; or

�� (B) Unlawfully entering or attempting to enter any portion of a licensed premises that is posted or otherwise identified as being prohibited to the use of minors, as described in ORS 471.430.

�� (5) The administrative review required under this section shall be conducted in the manner provided in ORS 809.440 (2).

�� (6) To reinstate driving privileges or the right to apply for driving privileges after the department determines that the person meets the objective criteria under subsection (4) of this section, the person shall pay the fee for reinstatement of driving privileges as described in ORS 807.370 (10).

�� (7) To reinstate an identification card or the right to apply for an identification card after the department determines that the person meets the objective criteria under subsection (4) of this section, the person shall pay the fee for reinstatement of an identification card as described in ORS 807.410.

�� (8) The department�s authority to reinstate a suspension of a person�s driving privileges or right to apply for driving privileges under this section does not impinge on a court�s authority to impose a suspension under ORS 165.805 or

ORS 809.520

809.520;

�� (C) Not be otherwise ineligible to hold a commercial driver license;

�� (D) Hold a commercial learner driver permit if the person must complete a skills demonstration under ORS 807.070 (3);

�� (E) Submit valid documentation, as defined by the department by rule, that the person is a citizen or lawful permanent resident of the United States or is a citizen of a country with a Compact of Free Association with the United States; and

�� (F) Provide the Social Security number assigned to the person by the United States Social Security Administration for verification by the department with the administration.

�� (k) The person must present acceptable documents to prove identity, date of birth and address. The department shall determine by rule which documents are acceptable to prove identity, date of birth and address.

�� (L) If the application is for a Real ID, the person must comply with the requirements under the vehicle code for issuance of Real IDs.

�� (2) Except as provided in subsection (3) of this section, acceptable documents to prove identity, date of birth or address under subsection (1)(k) of this section when a person is applying for a driver license, driver permit or identification card that is not a Real ID, a commercial driver license, or a commercial learner driver permit, include but are not limited to the following:

�� (a) An unexpired valid passport from the person�s country of citizenship;

�� (b) An unexpired valid consular identification document issued by the consulate of the person�s country of citizenship, if the department determines that the procedure used in issuing the consular identification document is sufficient to prove the person�s identity;

�� (c) A driver license, driver permit or identification card issued by this state that expired not more than 13 years from the date of the current application; or

�� (d) A driver license, driver permit or identification card issued by another state that:

�� (A) Is unexpired; or

�� (B) Expired not more than one year from the date of the current application.

�� (3) The department may refuse to accept any document described in subsection (2) of this section that is presented as proof of identity, date of birth or address, if the department has reason to believe that:

�� (a) The document is fraudulent, has been altered or does not belong to the person presenting the document; or

�� (b) The procedures used by the agency that issued the document are no longer sufficient for proving a person�s identity or date of birth.

�� (4) Subsection (1)(j)(E) of this section does not apply to a limited term commercial driver license or a limited term commercial learner driver permit issued under ORS

ORS 809.600

809.600 as a habitual offender; or

�� (b)(A) Who is eligible for reinstatement of driving privileges;

�� (B) Who is required to provide proof of treatment to the department under ORS 813.022; and

�� (C) Who is required by law to install and use an ignition interlock device on any vehicle the person operates.

�� (2) Except as provided in this section and ORS 813.520, the department may reinstate the privilege to operate a motor vehicle of any person whose license to operate a motor vehicle has been suspended, or revoked under ORS 809.600 as a habitual offender, by issuing the person a hardship permit.

�� (3) To qualify for a hardship permit, a person must do all of the following:

�� (a) The person must submit to the department an application for the permit that demonstrates the person�s need for the permit.

�� (b) The person must present satisfactory evidence, as determined by the department by rule:

�� (A) That the person must operate a motor vehicle as a requisite of the person�s occupation or employment;

�� (B) That the person must operate a motor vehicle to seek employment or to get to or from a place of employment;

�� (C) That the person must operate a motor vehicle to get to or from an alcohol or drug treatment or rehabilitation program;

�� (D) That the person or a member of the person�s immediate family requires medical treatment on a regular basis and that the person must operate a motor vehicle in order that the treatment may be obtained;

�� (E) That the person must operate a motor vehicle to get to or from a gambling addiction treatment program; or

�� (F) That the person must operate a motor vehicle to provide necessary services to the person or to a member of the person�s family. The department shall determine by rule what constitutes necessary services for purposes of this subparagraph. The rule shall include as necessary services, but need not be limited to, grocery shopping, driving the person or the person�s children to school, driving to medical appointments and caring for elderly family members.

�� (c) If the person is applying for a permit because the person or a member of the person�s immediate family requires medical treatment on a regular basis, the person must present, in addition to any evidence required by the department under paragraph (b) of this subsection, a statement signed by a licensed physician or licensed nurse practitioner that indicates that the person or a member of the person�s immediate family requires medical treatment on a regular basis.

�� (d) The person must show that the person is not incompetent to drive nor a habitual incompetent, reckless or criminally negligent driver as established by the person�s driving record in this or any other jurisdiction.

�� (e) The person must make a future responsibility filing.

�� (f) The person must submit any other information the department may require for purposes of determining whether the person qualifies under this section and ORS 813.520.

�� (4) If the department finds that the person meets the requirements of this section and any applicable requirements under ORS 813.520, the department may issue the person a hardship permit, valid for the duration of the suspension or revocation or for a shorter period of time established by the department unless sooner suspended or revoked under this section. If the department issues the permit for a period shorter than the suspension or revocation period, renewal of the permit shall be on such terms and conditions as the department may require. The permit:

�� (a) Shall limit the holder to operation of a motor vehicle only during specified times.

�� (b) May bear other reasonable limitations relating to the hardship permit or the operation of a motor vehicle that the department deems proper or necessary. The limitations may include any limitation, condition or requirement. Violation of a limitation is punishable as provided by ORS 811.175 or 811.182.

�� (5) The department, upon receiving satisfactory evidence of any violation of the limitations of a permit issued under this section, may suspend or revoke the hardship permit.

�� (6) The fee charged for application or issuance of a hardship driver permit is the hardship driver permit application fee under ORS 807.370. The department may not refund the fee if the application is denied or if the driver permit is suspended or revoked. The fee upon renewal of the driver permit is the same fee as that charged for renewal of a license. The application fee charged under this subsection is in addition to any fee charged for reinstatement of driving privileges under ORS 807.370.

�� (7) The department may issue a permit granting the same driving privileges as those suspended or revoked or may issue a permit granting fewer driving privileges, as the department determines necessary to assure safe operation of motor vehicles by the permit holder.

�� (8) The department may not issue a hardship permit to a person:

�� (a) Whose driver license or driver permit is suspended pursuant to ORS 25.750 to 25.783;

�� (b) Whose driving privileges are suspended pursuant to ORS 809.280 (2);

�� (c) That authorizes the person to operate a commercial motor vehicle;

�� (d) Whose suspension of driving privileges is based on a second or subsequent conviction of driving while under the influence of intoxicants in violation of ORS 813.010 or the statutory counterpart to ORS 813.010 in another jurisdiction and the suspension period is determined by ORS 809.428 (2)(b) or (c);

�� (e) Whose driving privileges are suspended for a conviction of assault in the second, third or fourth degree if the person, within 10 years preceding application for the permit, has been convicted of:

�� (A) Any degree of murder, manslaughter, criminally negligent homicide or assault resulting from the operation of a motor vehicle;

�� (B) Reckless driving, as defined in ORS 811.140;

�� (C) Driving while under the influence of intoxicants, as defined in ORS 813.010;

�� (D) Failure to perform the duties of a driver involved in a collision, as described in ORS

ORS 809.640

809.640;

�� (2) The person successfully completed the sentence of probation; and

�� (3) The court finds that, considering the nature and circumstances of the crime and the history and character of the person, it would be unduly harsh for the person to continue to have a felony conviction. [2017 c.439 �2]

�� 161.715 Standards for discharge of defendant. (1) Any court empowered to suspend imposition or execution of sentence or to sentence a defendant to probation may discharge the defendant if:

�� (a) The conviction is for an offense other than murder, treason or a Class A or B felony; and

�� (b) The court is of the opinion that no proper purpose would be served by imposing any condition upon the defendant�s release.

�� (2) If a sentence of discharge is imposed for a felony, the court shall set forth in the record the reasons for its action.

�� (3) If the court imposes a sentence of discharge, the defendant shall be released with respect to the conviction for which the sentence is imposed without imprisonment, probationary supervision or conditions. The judgment entered by the court shall include a monetary obligation payable to the state in an amount equal to the minimum fine for the offense established by ORS 137.286.

�� (4) If a defendant pleads not guilty and is tried and found guilty, a sentence of discharge is a judgment on a conviction for all purposes, including an appeal by the defendant.

�� (5) If a defendant pleads guilty, a sentence of discharge is not appealable, but for all other purposes is a judgment on a conviction. [1971 c.743 �84; 1993 c.14 �20; 2003 c.576 �249; 2011 c.597 �20]

�� 161.725 Standards for sentencing of dangerous offenders. (1) Subject to the provisions of ORS 161.737, the maximum term of an indeterminate sentence of imprisonment for a dangerous offender is 30 years, if because of the dangerousness of the defendant an extended period of confined correctional treatment or custody is required for the protection of the public and one or more of the following grounds exist:

�� (a) The defendant is being sentenced for a Class A felony and the defendant is suffering from a severe personality disorder indicating a propensity toward crimes that seriously endanger the life or safety of another.

�� (b) The defendant is being sentenced for a felony that seriously endangered the life or safety of another, the defendant has been previously convicted of a felony not related to the instant crime as a single criminal episode and the defendant is suffering from a severe personality disorder indicating a propensity toward crimes that seriously endanger the life or safety of another.

�� (c) The defendant is being sentenced for a felony that seriously endangered the life or safety of another, the defendant has previously engaged in unlawful conduct not related to the instant crime as a single criminal episode that seriously endangered the life or safety of another and the defendant is suffering from a severe personality disorder indicating a propensity toward crimes that seriously endanger the life or safety of another.

�� (2) As used in this section, �previously convicted of a felony� means:

�� (a) Previous conviction of a felony in a court of this state;

�� (b) Previous conviction in a court of the United States, other than a court-martial, of an offense which at the time of conviction of the offense was and at the time of conviction of the instant crime is punishable under the laws of the United States by death or by imprisonment in a penitentiary, prison or similar institution for a term of one year or more; or

�� (c) Previous conviction by a general court-martial of the United States or in a court of any other state or territory of the United States, or of the Commonwealth of Puerto Rico, of an offense which at the time of conviction of the offense was punishable by death or by imprisonment in a penitentiary, prison or similar institution for a term of one year or more and which offense also at the time of conviction of the instant crime would have been a felony if committed in this state.

�� (3) As used in this section, �previous conviction of a felony� does not include:

�� (a) An offense committed when the defendant was less than 16 years of age;

�� (b) A conviction rendered after the commission of the instant crime;

�� (c) A conviction that is the defendant�s most recent conviction described in subsection (2) of this section, and the defendant was finally and unconditionally discharged from all resulting imprisonment, probation or parole more than seven years before the commission of the instant crime; or

�� (d) A conviction that was by court-martial of an offense denounced only by military law and triable only by court-martial.

�� (4) As used in this section, �conviction� means an adjudication of guilt upon a plea, verdict or finding in a criminal proceeding in a court of competent jurisdiction, but does not include an adjudication which has been expunged by pardon, reversed, set aside or otherwise rendered nugatory. [1971 c.743 �85; 1989 c.790 �75; 1993 c.334 �5; 2005 c.463 ��9,14; 2007 c.16 �4]

�� 161.735 Procedure for determining whether defendant dangerous. (1) Upon motion of the district attorney, and if, in the opinion of the court, there is reason to believe that the defendant falls within ORS 161.725, the court shall order a presentence investigation and an examination by a psychiatrist or psychologist. The court may appoint one or more qualified psychiatrists or psychologists to examine the defendant in the local correctional facility.

�� (2) All costs connected with the examination shall be paid by the state.

�� (3) The examination performed pursuant to this section shall be completed within 30 days, subject to additional extensions not exceeding 30 days on order of the court. Each psychiatrist and psychologist appointed to examine a defendant under this section shall file with the court a written report of findings and conclusions, including an evaluation of whether the defendant is suffering from a severe personality disorder indicating a propensity toward criminal activity.

�� (4) No statement made by a defendant under this section or ORS 137.124 or 423.090 shall be used against the defendant in any civil proceeding or in any other criminal proceeding.

�� (5) Upon receipt of the examination and presentence reports the court shall set a time for a presentence hearing, unless the district attorney and the defendant waive the hearing. At the presentence hearing the district attorney and the defendant may question any psychiatrist or psychologist who examined the defendant pursuant to this section.

�� (6) If, after considering the evidence in the case or in the presentence hearing, the jury or, if the defendant waives the right to a jury trial, the court finds that the defendant comes within ORS 161.725, the court may sentence the defendant as a dangerous offender.

�� (7) In determining whether a defendant has been previously convicted of a felony for purposes of ORS 161.725, the court shall consider as prima facie evidence of the previous conviction:

�� (a) A copy of the judicial record of the conviction which copy is authenticated under ORS 40.510;

�� (b) A copy of the fingerprints of the subject of that conviction which copy is authenticated under ORS 40.510; and

�� (c) Testimony that the fingerprints of the subject of that conviction are those of the defendant.

�� (8) Subsection (7) of this section does not prohibit proof of the previous conviction by any other procedure.

�� (9) The facts required to be found to sentence a defendant as a dangerous offender under this section are enhancement facts, as defined in ORS 136.760, and ORS 136.765 to

ORS 809.715

809.715 in 1995]

�� 806.016 [1993 c.814 �6; renumbered 809.716 in 1995]

�� 806.020 Exemptions from financial responsibility requirements. This section provides exemptions from the necessity for compliance with or proof of compliance with financial responsibility requirements in accident reports under ORS 811.725, when applying for vehicle registration under ORS 803.370 or 803.460 and for operating a vehicle under ORS 806.010. The owner or operator of a vehicle is exempt, as provided by this section, from financial responsibility requirements if the vehicle involved in the accident, sought to be registered or operated is any of the following:

�� (1) An antique vehicle issued permanent registration under ORS 805.010.

�� (2) A farm trailer.

�� (3) A farm tractor.

�� (4) An implement of husbandry.

�� (5) A vehicle of special interest that is maintained as a collector�s item and used for exhibitions, parades, club activities and similar uses, but not used primarily for the transportation of persons or property.

�� (6) A snowmobile or a Class I, Class III or Class IV all-terrain vehicle, unless the vehicle is operating on an all-terrain vehicle highway access route that is designated by the Oregon Transportation Commission as open to all-terrain vehicles.

�� (7) Any motor vehicle not operated on any highway or premises open to the public in this state.

�� (8) A motor assisted scooter.

�� (9) An electric personal assistive mobility device. [1983 c.338 �838; 1985 c.16 �423; 1987 c.217 �4; 1989 c.991 �32; 1993 c.751 �99; 2001 c.749 �22; 2003 c.341 �5; 2009 c.257 �1; 2011 c.360 �15; 2015 c.138 �29; 2017 c.453 �8]

�� 806.030 [1983 c.338 �839; repealed by 2009 c.257 �11]

�� 806.040 Judgments for which financial responsibility requirements established. Financial responsibility requirements are designed to provide for minimum payment of judgments of the type described in this section. For the purposes of ORS 806.130, 806.140,

ORS 809.745

809.745�� Adoption of policies and procedures prior to forfeiture

�� 809.010 [1983 c.338 �386; 1985 c.16 �202; 1985 c.173 �6; 1987 c.730 �13; 1991 c.407 �30; repealed by 2021 c.630 �85]

�� 809.020 [1983 c.338 �284; 1985 c.16 �116; 1999 c.359 �2; 2011 c.355 �28; repealed by 2021 c.630 �85]

�� 809.030 [1983 c.338 �292; repealed by 2021 c.630 �85]

�� 809.040 [1983 c.338 �283; 1985 c.16 �115; 1985 c.401 �12; 1999 c.849 ��184,185; 2003 c.75 �65; repealed by 2021 c.630 �85]

�� 809.050 [1983 c.338 �286; repealed by 2021 c.630 �85]

�� 809.060 [1983 c.338 �287; 1985 c.16 �118; 1993 c.751 �104; renumbered 809.135 in 2005]

�� 809.070 [1983 c.338 �289; 1985 c.16 �119; 1991 c.459 �438j; repealed by 1993 c.751 �106]

�� 809.080 [1983 c.338 �291; 1985 c.16 �120; 1985 c.393 �6; 1985 c.401 �14; repealed by 2021 c.630 �85]

CANCELLATION OF REGISTRATIONS AND TITLES

�� 809.090 Cancellation of registration or title for failure to qualify; notice; rules. (1) The Department of Transportation may cancel the registration or title or both of a vehicle if the department determines that:

�� (a) A holder is not entitled to the registration or title or both; or

�� (b) All fees applicable to a vehicle, payable to the department under any provision of law have not been paid.

�� (2) Before cancellation under this section, the department must give opportunity for a hearing upon 10 days� notice. The department shall serve notice in a manner determined by the department by rule. [1983 c.338 �288; 1991 c.249 �73; 1993 c.233 �53; 1999 c.1009 �3; 2019 c.312 �28]

�� 809.095 Cancellation or suspension of registration for failure to comply with financial responsibility requirements. (1) The Department of Transportation may cancel the registration of, or right to apply for registration for, any vehicle owned by a person if the person falsely certifies compliance with financial responsibility requirements, submits to the department unsatisfactory proof of such compliance or otherwise fails to comply with financial responsibility requirements. Cancellation under this subsection shall continue until the person complies with any applicable financial responsibility filing requirements.

�� (2) If the department requests that a person provide proof of compliance with financial responsibility requirements as authorized under ORS 806.150, the department may suspend the registration of, or right to apply for registration for, a vehicle owned by a person if the person is a registered owner of the vehicle and the person:

�� (a) Does not provide proof of compliance; or

�� (b) Provides proof of compliance and the department determines that information contained in the proof of compliance is incorrect.

�� (3) A suspension under subsection (2) of this section continues until:

�� (a) The department receives proof of compliance from the registered owner; and

�� (b) The department determines the proof of compliance is correct.

�� (4) The department may reinstate the registration, or right to apply for registration for the vehicle, if the department determines that the vehicle is covered under a motor vehicle liability insurance policy that meets the requirements described under ORS 806.080.

�� (5) If the department determines that the person is exempt from financial responsibility requirements, the department may reinstate the registration or right to apply for registration. [1993 c.751 �103; 2025 c.415 �41]

�� 809.100 Hearing on proposed cancellation or refusal; judicial review. (1) When the Department of Transportation proposes to cancel or refuse to issue or renew title or registration, opportunity for hearing shall be accorded as provided in ORS chapter 183.

�� (2) Judicial review of orders under this section shall be in accordance with ORS chapter 183. [1983 c.338 �282; 1985 c.16 �114; 1985 c.401 �11; 1993 c.233 �54]

�� 809.110 Failure to surrender canceled registration or title; penalty. (1) A person commits the offense of failure to surrender canceled registration or title if the person holds any evidence of registration or any evidence of title issued by the Department of Transportation that the department has canceled and the person does not surrender the evidence of registration or title to the department.

�� (2) The offense described in this section, failure to surrender canceled registration or title, is a Class A misdemeanor. [1983 c.338 �290; 1993 c.233 �55]

REGISTRATION, DRIVING PRIVILEGES OR IDENTIFICATION CARD

�� 809.120 Court-ordered suspension of registration or driving privileges for weight violation. (1) In addition to any other punishment imposed under ORS 818.040, a convicting court has authority to order the suspension of the driving privileges of the operator of the vehicle used to violate ORS 818.040 or the registration of the vehicle if the vehicle is required to be registered by the Department of Transportation. The authority of a court to order the suspension of driving privileges or registration under this section is subject to the following:

�� (a) Subject to paragraph (b) of this subsection, the court may only order suspension for a period of up to 90 days.

�� (b) For a second or subsequent violation of ORS 818.040, within one year after the first conviction, the court shall order the suspension for not less than 30 days nor more than 90 days.

�� (2) Upon ordering a suspension under this section, a court shall secure the license, driver permit or registration plates ordered suspended and shall immediately forward them to the department with the order of suspension as provided under ORS

ORS 810.170

810.170, but may not exceed the following:

�� (1) For winter recreation parking permits valid for a period of one day, $5.

�� (2) For winter recreation parking permits valid for a period of three consecutive days, $10.

�� (3) For winter recreation parking permits valid for a period of one year beginning each November, $30. [1983 c.338 �684(1); 1985 c.16 �329(1); 1985 c.139 �5(1); 1993 c.245 �1; 1997 c.583 �7; 1999 c.1010 �2]

(Parking for Persons With Disabilities)

�� 811.602 Disabled person parking permit; content; rules. (1) A disabled person parking permit is a means of identifying vehicles being used to exercise the parking privileges described in ORS 811.635. The following are disabled person parking permits:

�� (a) A special decal described in ORS 811.605 issued by the Department of Transportation to be affixed to a golf cart or substantially similar vehicle;

�� (b) An individual placard described in ORS 811.605;

�� (c) A program placard issued by the department under ORS 811.607;

�� (d) A family placard issued by the department under ORS 811.609;

�� (e) A foreign visitor placard issued by the department under ORS 811.611;

�� (f) A �Wheelchair User� placard or decal issued by the department under ORS 811.613; and

�� (g) An �Oregon Wounded Warrior� placard or decal issued by the department under ORS 811.616.

�� (2) The department shall issue a disabled person parking permit in the form of a decal or individual placard to any person who submits an application that complies with ORS 811.604. Nothing in this section prohibits the department from issuing a decal or individual placard to a person who has disabled veteran registration plates issued under ORS 805.100 and who qualifies for the decal or placard.

�� (3) Except as otherwise provided in this subsection, the department may not issue more than one individual placard to an applicant. The department may issue a replacement placard upon receipt of proof satisfactory to the department that the original placard has been lost, mutilated or destroyed. The department may issue a temporary duplicate permit to a person who needs a duplicate permit for travel purposes. A temporary duplicate permit shall be valid for up to 120 days. The department shall adopt rules governing application for and issuance of temporary duplicate permits. Nothing in this subsection prohibits issuance of an individual placard to a person who has been issued a decal.

�� (4) Permits for use on vehicles that are regularly used as part of a program for the transportation of persons with disabilities are issued as provided in ORS

ORS 810.375

810.375 that a person charged with a traffic offense has been found guilty except for insanity.

�� (f) The department committed an error in issuing the suspension.

�� (g) The suspension was the result of an error committed by an insurance company in issuing or failing to issue a certification of insurance or in canceling a certification of insurance filed with the department under ORS 806.270.

�� (h) The department issued the suspension without error because the person failed to respond as required under ORS 806.150 or to furnish proof of exemption under ORS 806.210 from the filing requirement of ORS 806.200, but the department later determines that the person in fact was in compliance with financial responsibility requirements as of the date specified by the department by rule under ORS 806.150 or at the time of an accident described in ORS 806.200.

�� (i) The department issued the suspension without error because the person was not in compliance with financial responsibility requirements as of the date specified by the department by rule under ORS 806.150 or at the time of an accident described in ORS 806.200, but the department later determines that the person reasonably and in good faith believed that the person was in compliance with financial responsibility requirements on the date specified by the department by rule under ORS 806.150 or at the time of the accident.

�� (j) The suspension was the result of an error committed by an insurance company in notifying the department regarding the correctness of proof of compliance with financial responsibility requirements provided under ORS 806.150.

�� (k) The suspension occurred because the person failed to make future responsibility filings but the department later determines that the reason for the failure was that the person was a military reservist or a member of a national guard unit that was ordered to active military duty to a location outside of the United States. The effective date of the military orders must be prior to the effective date of a suspension issued by the department for failure to make a future responsibility filing.

�� (L) The department issued the suspension without error because the department received a notice to suspend from a court under ORS 809.220, but the department later determines that the person in fact was in compliance with the requirements of the court prior to the effective date of the suspension. [1983 c.338 �350; 1985 c.16 �164; 1985 c.173 �1; 1985 c.393 �9; 1985 c.669 �17a; 1985 c.714 �8; 1987 c.137 �3; 1987 c.258 �8; 1987 c.272 �3; 1987 c.801 �7; 1989 c.224 �139; 1991 c.474 �1; 2003 c.402 �26; 2005 c.104 �1; 2005 c.140 �3; 2009 c.105 �1; 2017 c.66 �31; 2017 c.701 �25; 2018 c.76 �30; 2019 c.312 �10; 2020 s.s.1 c.10 ��3,4]

�� 809.390 Period of revocation; effect; reinstatement; fee. All of the following apply to a person whose driving privileges have been revoked:

�� (1) The period of revocation shall last as long as required for the revocation by law.

�� (2) During the period of revocation, the person is not entitled to exercise any driving privileges in this state or to apply for or receive any driving privileges in this state except when a person who has been determined to be a habitual offender is permitted to obtain driving privileges under ORS 807.240.

�� (3) Upon expiration of the revocation period, the person must reapply for driving privileges in the manner established by law and must reestablish the person�s eligibility for issuance of driving privileges.

�� (4) The Department of Transportation may issue new driving privileges to a person before the expiration of the revocation period if the person is otherwise entitled to be issued driving privileges and when, with reference to a conviction upon which the revocation was based, the Governor has pardoned the person of the crime.

�� (5) The department shall not issue any driving privileges in contradiction to this section.

�� (6) If the person fails to surrender to the department any license or driver permit issued as evidence of driving privileges that are revoked, the person is subject to the penalty under ORS 809.500.

�� (7) No reinstatement of revoked driving privileges will be made by the department until the fee for reinstatement of revoked driving privileges established under ORS 807.370 is paid to or waived by the department. The department may waive the reinstatement fee if the department committed an error in issuing the revocation. [1983 c.338 �351; 1985 c.16 �165; 1985 c.393 �10; 1985 c.669 �1; 1987 c.801 �8; 2018 c.76 �10]

�� 809.400 Suspension or revocation for out-of-state conviction. (1)(a) Except as otherwise provided in paragraph (b) of this subsection, the Department of Transportation may suspend or revoke the driving privileges of any resident of this state upon receiving notice of the conviction of such person in another jurisdiction of an offense therein that, if committed in this state, would be grounds for the suspension or revocation of the driving privileges of the person. A suspension or revocation under this subsection shall be initiated within 30 days of receipt of notice of the conviction. Violation of a suspension or revocation imposed under this subsection shall have the same legal effects and consequences as it would if the offense committed in the other jurisdiction had been committed in this jurisdiction.

�� (b) The department may not suspend or revoke noncommercial driving privileges under this subsection unless notice of conviction is received within 180 days of the date of the conviction.

�� (2) The department may suspend or revoke the driving privileges of any resident of this state upon receiving notice from another state, territory, federal possession or district or province of Canada that the person�s driving privileges in that jurisdiction have been suspended or revoked. Violation of the suspension or revocation shall have the same legal effects and consequences as it would if the suspension or revocation had been imposed initially in this state upon the same grounds. The suspension or revocation under this subsection shall continue until the person suspended or revoked furnishes evidence of any of the following:

�� (a) Compliance with the law of the other jurisdiction or the restoration of driving privileges in that jurisdiction.

�� (b) That the revocation or suspension in the other jurisdiction was not under circumstances that would require the department to suspend or revoke the driving privileges of the person under the laws of this state.

�� (3) A person is entitled to administrative review of a suspension under this section. [1983 c.338 �352; 1987 c.272 �4; 1987 c.730 �16; 1989 c.171 �90; 1989 c.398 �1; 1989 c.636 �35; 1991 c.595 �1; 1991 c.702 �11; 2005 c.649 �24; 2025 c.415 �14]

�� 809.404 [2005 c.649 �13; 2007 c.122 �13; 2009 c.783 �9; repealed by 2013 c.237 �12]

�� 809.405 [1989 c.715 �4; 1999 c.328 �7; repealed by 2001 c.176 �1]

�� 809.406 Cancellation and disqualification from holding driver license with Class A or Class B farm endorsement. (1) The Department of Transportation shall cancel a driver license with a Class A or Class B farm endorsement or deny a person the right to apply for a Class A or Class B farm endorsement if the person�s commercial driving privileges are suspended under ORS 809.520.

�� (2) If the department cancels a driver license with a Class A or Class B farm endorsement under this section, the person whose license is canceled is entitled to an administrative review under ORS 809.440. [2009 c.395 �2; 2013 c.237 �17]

�� 809.407 [2001 c.492 �2; 2003 c.402 �27; 2011 c.470 �3; renumbered 809.535 in 2013]

�� 809.409 Revocation for conviction of crime. (1)(a) Upon receipt of a record of conviction of an offense described in this section, the Department of Transportation shall revoke the driving privileges of the person convicted.

�� (b) A person is entitled to administrative review under ORS 809.440 of a revocation under this section.

�� (c) Except as otherwise provided in subsections (2) and (3) of this section, the revocation shall be for a period of one year from the date of revocation, except that the department may not reinstate driving privileges of any person whose privileges are revoked under this section until the person complies with future responsibility filings.

�� (2) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of aggravated vehicular homicide or aggravated driving while suspended or revoked or any degree of murder, manslaughter or criminally negligent homicide resulting from the operation of a motor vehicle or assault in the first degree resulting from the operation of a motor vehicle, except that the provisions of this subsection do not apply to a person whose driving privileges are ordered revoked under ORS 809.235. A person whose driving privileges are revoked under this subsection may apply for reinstatement of driving privileges:

�� (a) If the sentence for the crime for which the person�s driving privileges were revoked, or any other crimes arising from the same criminal episode, includes incarceration, no sooner than 10 years from the date the person is released from incarceration for all crimes arising out of the same criminal episode; or

�� (b) If the sentence for the crime for which the person�s driving privileges were revoked and any other crimes arising from the same criminal episode does not include incarceration, no sooner than 10 years from the date the department revoked the privileges under this subsection.

�� (3)(a) Except as provided in paragraphs (b) and (c) of this subsection, the department shall take action under subsection (1) of this section upon receipt of a record of conviction of failure to perform the duties of a driver to injured persons under ORS 811.705.

�� (b) The department shall revoke driving privileges under this subsection for a period of three years if the court indicates on the record of conviction that a person sustained serious physical injury, as defined in ORS 161.015, as a result of the accident. The person may apply for reinstatement of privileges three years after the date the person was released from incarceration, if the sentence includes incarceration. If the sentence does not include incarceration, the person may apply for reinstatement three years from the date the revocation was imposed under this subsection.

�� (c) The department shall revoke driving privileges under this subsection for a period of five years if the court indicates on the record of conviction that a person was killed as a result of the accident. The person may apply for reinstatement of privileges five years after the date the person was released from incarceration, if the sentence includes incarceration. If the sentence does not include incarceration, the person may apply for reinstatement five years from the date the revocation was imposed under this subsection.

�� (4) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of any felony with a material element involving the operation of a motor vehicle.

�� (5) As used in this section, �incarceration� means confinement in a Department of Corrections institution, as defined in ORS 421.005. [2003 c.402 �2; 2007 c.867 �10; 2009 c.320 �2; 2009 c.783 �10; 2011 c.355 �14; 2013 c.124 �1; 2018 c.76 �31; 2023 c.176 �1]

�� 809.410 [1983 c.338 �353; 1985 c.16 �166; 1985 c.301 �1; 1985 c.393 �10a; 1985 c.396 �6; 1985 c.669 �2a; 1985 c.714 �6; 1987 c.137 �4; 1987 c.258 �9; 1987 c.262 �4; 1989 c.224 �140; 1989 c.636 �31; 1989 c.715 �6; 1991 c.702 �10; 1993 c.393 �7; 1993 c.400 �2; 1993 c.627 �3; 1993 c.761 �4; 1995 c.79 �370; 1995 c.253 �5; 1995 c.656 �6; 1995 c.661 �1; 1997 c.83 �3; 1999 c.789 �6; 1999 c.796 �1; 1999 c.1077 �9; 2001 c.176 �5; 2001 c.294 �5; 2001 c.492 �9; 2003 c.14 �488; 2003 c.115 �1; repealed by 2003 c.402 ��6a,43]

�� 809.411 Suspension for conviction of crime. (1)(a) Upon receipt of a record of conviction for an offense described in this section, the Department of Transportation shall suspend the driving privileges of the person convicted.

�� (b) A person is entitled to administrative review under ORS 809.440 of a suspension under this section.

�� (c) Except as otherwise provided in subsections (7), (8) and (9) of this section, the suspension shall be for the period of time described in Schedule I of ORS

ORS 810.520

810.520 to the driver. The officer may, in lieu of the issuance of the vehicle repair warning or in combination therewith, issue a citation or written warning for the violation. [1983 c.338 �411; 1985 c.16 �218]

�� 810.520 Vehicle repair warning. (1) A vehicle repair warning issued under ORS 810.510 shall:

�� (a) Be in writing;

�� (b) Require that the vehicle be placed in a safe condition and its equipment in proper repair and adjustment;

�� (c) Specify the particulars with reference to condition, equipment, repair or adjustments required; and

�� (d) Require that approval of the repair or adjustment be obtained within 15 days.

�� (2) Approval required by this section may be obtained by presenting satisfactory proof to any office of the Oregon State Police that the defect has been corrected.

�� (3) If an owner or driver is issued a vehicle repair warning described in this section, the vehicle described in the warning:

�� (a) Shall be brought into compliance with the warning and within 15 days the owner or driver must secure approval of the compliance; or

�� (b) Shall not be operated upon the highways of this state.

�� (4) This section is not intended to preclude the issuance of citations for equipment violations if repair or adjustment required by a vehicle repair warning is not perfected within 15 days.

�� (5) In lieu of compliance with this section the vehicle shall not be operated on the highways of this state. [1983 c.338 �412; 1985 c.16 �219]

OTHER ENFORCEMENT OFFICIALS

�� 810.530 Authority of weighmasters and motor carrier enforcement officers. (1) A weighmaster or motor carrier enforcement officer in whose presence an offense described in this subsection is committed may arrest or issue a citation for the offense in the same manner as under ORS 810.410 as if the weighmaster or motor carrier enforcement officer were a police officer. This subsection applies to the following offenses:

�� (a) Violation of maximum weight limits under ORS 818.020.

�� (b) Violation of posted weight limits under ORS 818.040.

�� (c) Violation of administratively imposed weight or size limits under ORS 818.060.

�� (d) Violation of maximum size limits under ORS 818.090.

�� (e) Exceeding maximum number of vehicles in combination under ORS 818.110.

�� (f) Violation of posted limits on use of road under ORS 818.130.

�� (g) Violation of towing safety requirements under ORS 818.160.

�� (h) Operating with sifting or leaking load under ORS 818.300.

�� (i) Dragging objects on highway under ORS 818.320.

�� (j) Unlawful use of devices without wheels under ORS 815.155.

�� (k) Unlawful use of metal objects on tires under ORS 815.160.

�� (L) Operation without pneumatic tires under ORS 815.170.

�� (m) Operation in violation of vehicle variance permit under ORS 818.340.

�� (n) Failure to carry and display permit under ORS 818.350.

�� (o) Failure to comply with commercial vehicle enforcement requirements under ORS 818.400.

�� (p) Violation of any provision of ORS chapter 825.

�� (q) Operation without proper fenders or mudguards under ORS 815.185.

�� (r) Operating a vehicle without driving privileges in violation of ORS 807.010 if the person does not have driving privileges and is operating:

�� (A) A commercial motor vehicle; or

�� (B) A commercial vehicle that has:

�� (i) A gross vehicle weight rating of 10,001 pounds or more;

�� (ii) A gross combination weight rating of 10,001 pounds or more;

�� (iii) A gross vehicle weight of 10,001 pounds or more; or

�� (iv) A gross combination weight of 10,001 pounds or more.

�� (s) Violation driving while suspended or revoked in violation of ORS 811.175 if the person is operating any of the following vehicles while the person�s driving privileges are suspended or revoked:

�� (A) A commercial motor vehicle; or

�� (B) A commercial vehicle that has:

�� (i) A gross vehicle weight rating of 10,001 pounds or more;

�� (ii) A gross combination weight rating of 10,001 pounds or more;

�� (iii) A gross vehicle weight of 10,001 pounds or more; or

�� (iv) A gross combination weight of 10,001 pounds or more.

�� (t) Failure to use vehicle traction tires or chains in violation of ORS 815.140 if the person is operating a motor vehicle subject to ORS chapter 825 or 826.

�� (u) Failure to carry vehicle traction tires or chains in violation of ORS 815.142 if the person is operating a motor vehicle subject to ORS chapter 825 or 826.

�� (v) Illegally altering or displaying registration plate in violation of ORS 803.550.

�� (2) A weighmaster or motor carrier enforcement officer in whose presence an offense described in this subsection is committed by a person operating a vehicle described in subsection (3) of this section may issue a citation for the offense. A weighmaster or motor carrier enforcement officer who finds evidence that an offense described in this subsection has been committed by a person operating a vehicle described in subsection (3) of this section or by a motor carrier for which the person is acting as an agent may issue a citation for the offense. A weighmaster or motor carrier enforcement officer issuing a citation under this subsection has the authority granted a police officer issuing a citation under ORS 810.410. A citation issued under this subsection to the operator of a vehicle described in subsection (3) of this section shall be considered to have been issued to the motor carrier that owns the vehicle described in subsection (3) of this section if the operator is not the owner. This subsection applies to the following offenses, all of which are Class A traffic violations under ORS 825.990 (1):

�� (a) Repeatedly violating or avoiding any order or rule of the Department of Transportation.

�� (b) Repeatedly refusing or repeatedly failing, after being requested to do so, to furnish service authorized by certificate.

�� (c) Refusing or failing to file the annual report as required by ORS 825.320.

�� (d) Refusing or failing to maintain records required by the department or to produce such records for examination as required by the department.

�� (e) Failing to appear for a hearing after notice that the carrier�s certificate or permit is under investigation.

�� (f) Filing with the department an application that is false with regard to the ownership, possession or control of the equipment being used or the operation being conducted.

�� (g) Delinquency in reporting or paying any fee, tax or penalty due to the department under ORS chapter 825 or 826.

�� (h) Refusing or failing to file a deposit or bond as required under ORS 825.506.

�� (i) Failing to comply with the applicable requirements for attendance at a motor carrier education program as required by ORS 825.402.

�� (3) Subsections (2) and (4) of this section apply to the following vehicles:

�� (a) A commercial motor vehicle; or

�� (b) A commercial vehicle that has:

�� (A) A gross vehicle weight rating of 10,001 pounds or more;

�� (B) A gross combination weight rating of 10,001 pounds or more;

�� (C) A gross vehicle weight of 10,001 pounds or more; or

�� (D) A gross combination weight of 10,001 pounds or more.

�� (4) A weighmaster or motor carrier enforcement officer who finds evidence that a person operating a vehicle described in subsection (3) of this section has committed the offense of failure to pay the appropriate registration fee under ORS 803.315 may issue a citation for the offense in the same manner as under ORS 810.410 as if the weighmaster or motor carrier enforcement officer were a police officer.

�� (5) The authority of a weighmaster or motor carrier enforcement officer to issue citations or arrest under this section is subject to ORS chapter 153.

�� (6)(a) A person is a weighmaster for purposes of this section if the person is a county weighmaster or a police officer.

�� (b) A person is a motor carrier enforcement officer under this section if the person is duly authorized as a motor carrier enforcement officer by the Department of Transportation.

�� (7) A weighmaster or motor carrier enforcement officer may accept security in the same manner as a police officer under ORS 810.440 and 810.450 and may take as security for the offenses, in addition to other security permitted under this section, the sum fixed as the presumptive fine for the offense.

�� (8) A weighmaster or motor carrier enforcement officer may arrest a person for the offense of failure to appear in a violation proceeding under ORS 153.992 if the violation is based upon a citation for any offense described in subsection (1) or (4) of this section except those described in subsection (1)(p) of this section.

�� (9) A weighmaster or motor carrier enforcement officer may exercise the same authority as a police officer under ORS 810.490 to enforce vehicle requirements and detain vehicles. A person who fails to comply with the authority of a weighmaster or motor carrier enforcement officer under this subsection is subject to penalty under ORS 818.400. [1983 c.338 �414; 1985 c.16 �220; 1991 c.263 �1; 1993 c.741 �99; 1999 c.1051 �291; 2001 c.335 �7; 2001 c.520 �2; 2003 c.655 �119a; 2009 c.482 �4; 2011 c.597 �146; 2013 c.237 �25; 2017 c.45 �1; 2021 c.630 �96; 2025 c.17 �7]

�� Note: 810.530 is amended by Enrolled House Bill 3991 (2025 special session). As of the date of publication of the 2025 Edition of the Oregon Revised Statutes, Enrolled House Bill 3991 (2025 special session) is subject to potential referendum petitions that may be filed with the Secretary of State as provided in Article IV, section 1, of the Oregon Constitution. The full text of Enrolled House Bill 3991 (2025 special session) is set forth following 801.610.

�� 810.540 Enforcement of snowmobile and all-terrain vehicles violations by persons other than police officers. Game wardens and all other state law enforcement officers within their respective jurisdictions shall enforce the provisions relating to snowmobiles and all-terrain vehicles under ORS 821.190, 821.210, 821.220 and 821.240 to

ORS 811.231

811.231 (1).

�� (7) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of criminal trespass under ORS 164.245 that involves the operation of a motor vehicle. A suspension under this subsection shall continue for a period of six months from the date of suspension.

�� (8) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of an offense described in ORS 809.310. A suspension under this subsection shall continue for a period of one year from the date of the suspension.

�� (9)(a) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of assault in the second, third or fourth degree resulting from the operation of a motor vehicle.

�� (b) A person who is convicted of assault in the second degree and whose driving privileges are suspended under this subsection may apply for reinstatement of driving privileges eight years from the date the person is released from incarceration for the conviction, if the sentence includes incarceration. If the sentence for the conviction does not include incarceration, the person may apply for reinstatement of driving privileges eight years from the date the department suspended the privileges under this subsection.

�� (c) A person who is convicted of assault in the third degree and whose driving privileges are suspended under this subsection may apply for reinstatement of driving privileges five years from the date the person is released from incarceration for the conviction, if the sentence includes incarceration. If the sentence for the conviction does not include incarceration, the person may apply for reinstatement of driving privileges five years from the date the department suspended the privileges under this subsection.

�� (d) A person who is convicted of assault in the fourth degree and whose driving privileges are suspended under this subsection may apply for reinstatement of driving privileges one year from the date the person is released from incarceration for the conviction, if the sentence includes incarceration. If the sentence for the conviction does not include incarceration, the person may apply for reinstatement of driving privileges one year from the date the department suspended the privileges under this subsection.

�� (10) As used in this section, �incarceration� means confinement in a Department of Corrections institution, as defined in ORS 421.005. [2003 c.402 �3; 2005 c.403 �1; 2011 c.355 �15; 2018 c.76 �32; 2023 c.176 �2]

�� 809.412 Authority of juvenile court for suspension or revocation. If a juvenile court finds a youth to be within the jurisdiction of the juvenile court under ORS 419C.005 for committing an offense that is a ground for suspension or revocation upon conviction under ORS 809.409, 809.411, 809.510 to 809.545 or 813.400 or any other law requiring suspension or revocation of driving privileges upon conviction of an offense, the juvenile court shall order the suspension or revocation of driving privileges that is required upon conviction of the offense. [Formerly 809.370; 2008 c.49 �3; 2011 c.355 �30; 2013 c.237 �19]

�� Note: 809.412 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 809 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 809.413 [2003 c.402 �4; 2005 c.649 �20; 2009 c.395 �9; 2009 c.783 �11; 2011 c.470 �4; repealed by 2013 c.237 �12]

�� 809.415 Suspensions for conduct involving judgments, financial responsibility, dishonesty. (1)(a) The Department of Transportation shall suspend the driving privileges of a person who has a judgment of the type described under ORS 806.040 rendered against the person if the person does not settle the judgment in the manner described under ORS 809.470 within 60 days after its entry.

�� (b) A suspension under this subsection shall continue until the person does one of the following:

�� (A) Settles the judgment in the manner described in ORS 809.470.

�� (B) Has an insurer that has been found by the department to be obligated to pay the judgment, provided that there has been no final adjudication by a court that the insurer has no such obligation.

�� (C) Gives evidence to the department that a period of seven years has elapsed since the entry of the judgment.

�� (D) Receives from the court that rendered the judgment an order permitting the payment of the judgment in installments.

�� (c) A person is entitled to administrative review under ORS 809.440 of a suspension under this subsection.

�� (2) The department shall suspend the driving privileges of a person who falsely certifies the existence of a motor vehicle liability insurance policy or the existence of some other means of satisfying financial responsibility requirements or of a person who, after certifying the existence of a motor vehicle liability insurance policy or other means of satisfying the requirements, allows the policy to lapse or be canceled or otherwise fails to remain in compliance with financial responsibility requirements.

�� (3)(a) The department shall suspend the driving privileges of a person who fails to comply with future responsibility filings whenever required under the vehicle code or fails to provide new proof of compliance for future responsibility filings when requested by the department.

�� (b) A suspension under this subsection shall continue until the person complies with future responsibility filings.

�� (c) A person whose initial obligation to make future responsibility filings is not based upon a conviction or other action by a court is entitled to a hearing under ORS

ORS 811.530

811.530 and 815.285. The rules shall include requirements for the placement and use of such warning devices to provide warning of disabled vehicles. [1985 c.16 �230]

�� 815.040 Standards for window and windshield material. (1) The Department of Transportation shall establish standards for safety glazing material used in vehicle windows and windshields including standards for any glazing material so constructed, treated or combined with other materials as to reduce substantially, in comparison to ordinary sheet or plate glass, the likelihood of injury to persons by broken or cracked glass or by objects from external sources.

�� (2) The standards established under this section shall conform, insofar as practical, to safety standards and specifications for safety glazing material issued by the federal government.

�� (3) Prohibitions and penalties relating to the standards established under this section are provided under ORS 815.090 and 815.210.

�� (4) The standards established under this section may not restrict the installation and use of window tinting material that meets the requirements of ORS 815.221. [1983 c.338 �440; 1989 c.402 �3; 1995 c.263 �5; 2003 c.14 �498; 2003 c.158 �3]

�� 815.045 Rules for use of traction tires, retractable studded tires and chains; signs. (1) The Oregon Transportation Commission shall adopt rules necessary to carry out ORS 815.140 and 815.142. The rules adopted by the commission:

�� (a) Shall establish the various types of conditions under which vehicle traction tires or chains must be used or carried.

�� (b) Shall define types of vehicle traction tires or chains that may be used or carried under various road conditions. The commission rules under this paragraph shall comply with the following:

�� (A) Traction tire shall be defined to include any tire that meets traction standards established by the Department of Transportation.

�� (B) Retractable studded tires or tires with studs that are permitted under ORS 815.165 shall be allowed as traction tires under the rules.

�� (C) The department may require that traction tires without studs bear identifying marks, defined by the department, that indicate that the tire was manufactured specifically for adverse weather conditions.

�� (D) Chains shall be defined to include link chains, cable chains or any other device that attaches to the wheel, vehicle or outside of the tire and that augments the traction of a vehicle.

�� (E) Retractable studded tires shall be defined to include tires with embedded studs that project beyond the tread surface only when a vehicle operator extends the studs to augment the traction of the vehicle.

�� (c) Shall establish signs to be posted under conditions that require vehicle traction tires or chains to be used or carried.

�� (d) May establish types or classes of vehicles that are exempt from requirements to use or carry vehicle traction tires or chains under certain conditions if the commission determines that the operation of the class or type of vehicle would be safe under those conditions.

�� (2) A road authority shall:

�� (a) Determine when conditions on a segment of highway require a person to use or carry vehicle traction tires or chains as defined by the commission;

�� (b) Determine which segments of a highway shall be posted as described under this section to require a person to use or carry vehicle traction tires or chains; and

�� (c) Provide for the placement and removal of signs requiring a person to use or carry vehicle traction tires or chains. [1983 c.338 �441; 1985 c.16 �231; 1993 c.741 �86; 1997 c.493 �1; 2007 c.406 �1; 2021 c.630 �97]

�� 815.050 [1983 c.338 �442; 1985 c.16 �232; 1993 c.751 �73; repealed by 1995 c.492 �8]

�� 815.052 Rules establishing standards for protective headgear. The Department of Transportation shall adopt and enforce rules establishing minimum standards and specifications for safe protective headgear to be worn by people operating bicycles, by passengers on bicycles and by people riding on skateboards or scooters or using in-line skates. The rules shall conform, insofar as practicable, to national safety standards and specifications for such headgear. [1993 c.408 �6; 2003 c.106 �2; 2005 c.141 �1]

�� 815.055 Rules establishing standards for safety belts, harnesses and child safety systems. (1) The Department of Transportation shall adopt and enforce rules establishing minimum standards and specifications for the construction and installation of safety belts, safety harnesses or child safety systems and anchors or other devices to which safety belts, safety harnesses or child safety systems may be attached and secured. The rules adopted under this subsection are subject to the following:

�� (a) The rules that establish minimum standards and specifications for child safety systems required and regulated under this section and ORS 811.210 and 815.080 shall conform to the standards for child safety systems established by the federal government. Child safety systems are required to meet those standards in effect at the date of manufacture.

�� (b) All rules adopted under this subsection shall conform to the regulations and standards established by the federal government relating to safety belt assemblies that are applicable to motor vehicles at the date of manufacture.

�� (2) The department may purchase in the market and test or submit to testing laboratories any safety belt, safety harness, child safety system or anchor or other device. The department shall enforce the penalties under ORS 815.080 if it determines that the belt, harness, child safety system or anchor or other device does not conform to the minimum standards established under this section.

�� (3) Prohibitions and penalties relating to sale and use of equipment subject to this section are provided under ORS 811.210 and 815.080. [1983 c.338 �443; 1985 c.16 �233; 1989 c.402 �4; 1993 c.751 �74; 2001 c.679 �2; 2003 c.158 �9]

�� 815.060 Rules establishing standards for slow-moving vehicle emblems. The Department of Transportation shall adopt rules for slow-moving vehicle emblems for purposes of ORS 815.110 and 815.115. The rules adopted under this section shall:

�� (1) Require a slow-moving vehicle emblem that is reflectorized or fluorescent and that is of a standard type.

�� (2) Establish design and mounting requirements that the emblem must meet.

�� (3) Conform to the nationally accepted standards for slow-moving vehicle emblems. [1983 c.338 �444]

�� 815.065 Rules establishing standards for hydraulic brake fluid. The Department of Transportation shall adopt and enforce rules for the purpose of regulation of hydraulic brake fluid under ORS 815.085. The rules shall establish standards and specifications and labeling requirements for hydraulic brake fluid and other liquid mediums through which force is transmitted to the brakes in the hydraulic brake system of a vehicle. The rules, in so far as practicable, shall conform to safety standards and specifications for brake fluids issued by the federal government and to the current standards and specifications of the Society of Automotive Engineers applicable to such fluid. The department shall publish rules adopted under this section. Penalties and prohibitions relating to the rules are as provided under ORS 815.085. [1983 c.338 �446; 1989 c.402 �5; 2003 c.158 �12]

�� 815.070 Road warning signals for tow vehicles or wreckers. The Oregon Transportation Commission shall prescribe warning signs or signals for placement on roadways by tow vehicles or wreckers under ORS 822.220. [1983 c.338 �449; 1985 c.16 �236; 1987 c.119 �2]

PROVIDING UNLAWFUL EQUIPMENT

�� 815.075 Selling vehicles or equipment that violates rules; exemptions; penalty. (1) A person commits the offense of selling vehicles or equipment that violates state equipment administrative rules if the person sells or offers for sale any vehicle or sells or offers for sale for use upon a vehicle or uses on any vehicle any equipment if the vehicle or equipment:

�� (a) Does not conform to standards established by the Department of Transportation by rule under ORS 815.030; and

�� (b) Does not bear thereon proof of certification that it complies with the applicable standards.

�� (2) Proof of certification required under this section may be made in any manner provided under ORS 815.030.

�� (3) This section is subject to the following exemptions in addition to any exemptions under ORS

ORS 811.607

811.607.

�� (5) Except as provided in subsection (6) of this section, the department shall determine the form, size and content of any decal or placard issued under this section and shall adopt rules governing their issuance, display and use as necessary to carry out this section.

�� (6)(a) Except as provided in paragraph (b) of this subsection, the department may not require a decal or placard issued under this section to an individual or a family to contain any identifying information about the person to whom the decal or placard is issued, including any of the following:

�� (A) Name;

�� (B) Address;

�� (C) Telephone number;

�� (D) Social Security number;

�� (E) Driver license number;

�� (F) Golf cart driver permit number;

�� (G) Identification card number;

�� (H) Passport or visa number; or

�� (I) Photograph.

�� (b) The department may require a decal or placard issued under this section to an individual or a family to contain not more than four digits of the driver license or identification card number of the person to whom the decal or placard is issued. [1987 c.187 �7; 1989 c.243 �2; 1991 c.741 �1; 1993 c.751 �66; 1995 c.462 �1; 2001 c.827 �11; 2005 c.406 �1; 2007 c.70 �330; 2007 c.468 �5; 2018 c.69 �3; 2019 c.413 ��1,2; 2021 c.630 �1]

�� 811.603 Parking identification card without photograph; issuance; rules. (1) The Department of Transportation shall issue a parking identification card without a photograph to an applicant for a disabled person parking permit if the applicant does not have a driver license, a driver permit or an identification card issued by the department under ORS 807.400 and if the applicant submits a statement from a physician that it would be impractical or harmful to the applicant, because of medical or physical condition, to appear at an office of the department and be photographed for an identification card.

�� (2) The department shall determine by rule the terms, conditions and requirements of a parking identification card issued under this section except that the department may not require either that an applicant appear personally in order to receive or renew a card or that the card contain a photograph. [1991 c.741 �2b; 2001 c.827 �12; 2008 c.1 �29]

�� 811.604 Application for disabled person parking permit. Application for issuance or renewal of a disabled person parking permit in the form of an individual placard or decal issued under ORS 811.602 shall include:

�� (1) A certificate, signed and dated within six months preceding the date of application, by a licensed physician, a licensed nurse practitioner or a licensed physician associate to the Department of Transportation that the applicant is a person with a disability or a certificate, signed and dated within six months preceding the date of application, by a licensed optometrist that the applicant is a person with a disability because of loss of vision or substantial loss of visual acuity or visual field beyond correction;

�� (2) The state-issued licensing number of the licensed physician, certified nurse practitioner, licensed physician associate or licensed optometrist who signed the certificate described in subsection (1) of this section; and

�� (3) The number of a driver license, driver permit, identification card or parking identification card issued to the applicant by the department. [1987 c.187 �8; 1989 c.243 �6; 1991 c.741 �2; 1995 c.462 �2; 1999 c.582 �16; 2001 c.827 �13; 2007 c.70 �331; 2008 c.1 �30; 2009 c.238 �1; 2019 c.358 �44; 2021 c.630 �4; 2024 c.73 �168]

�� Note: The amendments to 811.604 by section 20, chapter 627, Oregon Laws 2025, become operative July 1, 2027. See section 24, chapter 627, Oregon Laws 2025. The text that is operative on and after July 1, 2027, is set forth for the user�s convenience.

�� 811.604. Application for issuance or renewal of a disabled person parking permit in the form of an individual placard or decal issued under ORS 811.602 shall include:

�� (1) A certificate, signed and dated within six months preceding the date of application, by a licensed physician, a licensed nurse practitioner, a licensed physician associate or a licensed physical therapist to the Department of Transportation that the applicant is a person with a disability or a certificate, signed and dated within six months preceding the date of application, by a licensed optometrist that the applicant is a person with a disability because of loss of vision or substantial loss of visual acuity or visual field beyond correction;

�� (2) The state-issued licensing number of the licensed physician, certified nurse practitioner, licensed physician associate, licensed physical therapist or licensed optometrist who signed the certificate described in subsection (1) of this section; and

�� (3) The number of a driver license, driver permit, identification card or parking identification card issued to the applicant by the department.

�� 811.605 Contents of individual placard or decal. (1) An applicant for an individual placard or decal issued by the Department of Transportation under ORS 811.602 must have a driver license, a driver permit, an identification card or a parking identification card issued by the department.

�� (2) An individual placard or decal shall contain an expiration date that is visible from outside the vehicle when the placard or decal is displayed on or in the vehicle.

�� (3) A placard or decal issued under this section shall be valid for a period of eight years from the date of issue. A placard or decal may be renewed in a manner determined by the department by rule. [1989 c.243 �4; 2005 c.406 �2; 2008 c.1 �31; 2021 c.630 �5]

�� 811.606 Parking permit for person with temporary disability. The Department of Transportation may issue a placard showing an expiration date not to exceed six months after the date of issuance for use by persons with temporary disabilities upon submission by the applicant of a certificate described in ORS 811.604 except that it certifies that the applicant has a temporary disability for less than four years. An applicant for a temporary disabled person parking permit need not have a driver license, a driver permit, an identification card or a parking identification card. [1987 c.187 �9; 1987 c.296 �4; 1989 c.243 �7; 1991 c.741 �3; 1993 c.741 �85; 2001 c.827 �14; 2005 c.406 �3; 2007 c.70 �332; 2008 c.1 �32]

�� 811.607 Program placards; rules. The Department of Transportation shall issue disabled person parking permits in the form of program placards for use on vehicles that are regularly used as part of a program for the transportation of persons with disabilities or by an adult foster home. All the following apply to placards issued under this section:

�� (1) The department shall determine the form, size and content of the placards except that the department shall require that a placard contain the name of the program holding the placard and the department shall require that the expiration date of a placard be visible when the placard is displayed in the vehicle.

�� (2) Placards issued under this section shall be valid for a period of eight years from the date of issue. Upon expiration, placards may be renewed in a manner determined by the department by rule. The department shall authorize renewal by mail of placards issued under this section.

�� (3) The department shall determine by rule how programs for the transportation of persons with disabilities may qualify vehicles for placards issued under this section. [1989 c.243 �5; 1991 c.741 �4; 1999 c.91 �4; 2001 c.827 �15; 2007 c.21 �5; 2007 c.70 �333]

�� 811.608 [1987 c.187 �10; repealed by 1989 c.243 �18]

�� 811.609 Family placards. (1) The Department of Transportation shall issue disabled person parking permits in the form of family placards for use on vehicles that are regularly used by:

�� (a) A family that includes at least two persons with disabilities; or

�� (b) Multiple households that are caring for at least one person with a disability.

�� (2) All the following apply to placards issued under this section:

�� (a) The department shall determine the form, size and content of the placards except that the department shall require that the expiration date of a placard be visible when the placard is displayed in the vehicle.

�� (b) Placards issued under this section shall be valid for a period of eight years from the date of issue. Upon expiration, placards may be renewed in a manner determined by the department by rule.

�� (c) The department may not issue or renew a placard under this section unless a licensed physician certifies that:

�� (A) The family includes at least two persons with disabilities; or

�� (B) Multiple households are caring for at least one person with a disability. [1991 c.741 �4b; 1999 c.91 �5; 2001 c.827 �16; 2005 c.406 �4; 2007 c.70 �334; 2024 c.82 �7]

�� 811.610 [1985 c.246 �2; repealed by 1991 c.741 �7]

�� 811.611 Foreign visitor placard. (1) The Department of Transportation may issue a disabled person parking permit in the form of a placard to a person who is visiting from a foreign country if the person presents to the department either a valid driver license or other grant of driving privileges from the foreign country or a passport or visa showing that the person is a visitor to the United States and presents one of the following:

�� (a) A valid disabled person parking permit issued by the country that issued the visitor�s passport or visa;

�� (b) A certificate from an official of the agency that issues disabled person parking permits in the country that issued the visitor�s passport or visa certifying that the person holds a valid disabled person parking permit; or

�� (c) A certificate from a licensed physician, a licensed nurse practitioner or a licensed physician associate addressed to the Department of Transportation certifying that the applicant is a person with a disability, or a certificate from a licensed optometrist certifying that the applicant is a person with a disability because of loss of vision or substantial loss of visual acuity or visual field beyond correction.

�� (2) A disabled person parking permit issued under this section is valid for 30 days. [1997 c.680 �2; 1999 c.582 �17; 2001 c.827 �17; 2007 c.70 �335; 2019 c.358 �45; 2024 c.73 �169]

�� 811.612 Maintenance of privileges after relocation. To maintain disabled person parking privileges after relocation, a person who relocates to Oregon and who holds a disabled person parking permit from another state shall obtain an Oregon disabled person parking permit pursuant to ORS 811.602. [2001 c.367 �6]

�� 811.613 Wheelchair User placard; rules. (1) The Department of Transportation shall issue a �Wheelchair User� disabled person parking permit in the form of a �Wheelchair User� placard or decal for use by a person who uses a wheelchair or similar low-powered motorized or mechanically propelled vehicle designed specifically for use by a person with a physical disability.

�� (2) The department shall determine the form, size and content of the placards or decals, except that the department shall require that the placards or decals:

�� (a) Include the words �Wheelchair User.�

�� (b) Have an expiration date that is visible from outside the vehicle when the placard or decal is displayed on or in the vehicle.

�� (3) The department shall by rule determine how a person may qualify for a �Wheelchair User� placard or decal under this section.

�� (4) An applicant for a �Wheelchair User� placard or decal issued by the department under this section must have a driver license, a driver permit or an identification card issued by the department.

�� (5) A placard or decal issued under this section shall be valid for a period of eight years from the date of issue. A placard or decal may be renewed in a manner determined by the department by rule. [2007 c.468 �4; 2021 c.630 �6]

�� Note: 811.613 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 811.615 Unlawful parking in space reserved for persons with disabilities; exceptions; penalty. (1) A person commits the offense of unlawful parking in a space reserved for persons with disabilities if:

�� (a) The person parks a vehicle in any parking space that is on private or public property and that is marked or signed to provide parking for persons with disabilities and the vehicle does not conspicuously display a disabled person parking permit described in ORS 811.602 or 811.606 or a disabled parking permit issued by another jurisdiction;

�� (b) The person parks a vehicle in the aisle required by ORS 447.233 regardless of whether or not the vehicle displays a disabled person parking permit; or

�� (c) The person parks a vehicle in a parking space that is on private or public property and that is marked or signed �Wheelchair User Only� as described in ORS 447.233 and the vehicle does not conspicuously display a �Wheelchair User� placard or decal issued under ORS 811.613.

�� (2) This section does not apply to any of the following:

�� (a) Momentarily parking a vehicle in a parking space marked or signed for persons with disabilities for the purposes of allowing a person with a disability to enter or leave the vehicle.

�� (b) Any parking space that is marked or signed to provide parking for persons with disabilities and that is subject to different provisions or requirements under city or county ordinance if the different provisions or requirements are clearly posted.

�� (3) Unless the police officer or other authorized person issuing the citation witnesses the parking of the vehicle, a rebuttable presumption exists that a vehicle parked in violation of this section was parked by the registered owner of the vehicle and the citation issued for the violation may be placed upon the vehicle. If the parking of the vehicle is witnessed by the police officer or other person authorized to issue a citation for the offense, the operator of the vehicle is in violation of this section.

�� (4) The penalties provided by this section shall be imposed regardless of the text or symbol displayed on the marking or sign reserving the space or aisle for persons with disabilities. The penalties are in addition to the following:

�� (a) A vehicle parked on private property in violation of this section is subject to removal, possession, lien and sale under ORS 98.812.

�� (b) A vehicle parked in violation of this section may be removed and sold as provided under ORS 811.620.

�� (5)(a) Except as provided in paragraph (b) of this subsection, unlawful parking in a space reserved for persons with disabilities is a Class C traffic violation.

�� (b) A second or subsequent conviction for unlawful parking in a space reserved for persons with disabilities is a Class A traffic violation. [1983 c.338 �680; 1985 c.16 �328; 1987 c.187 �2; 1989 c.243 �8; 1991 c.741 �11; 1993 c.195 �1; 1995 c.79 �373; 1997 c.680 �4; 2001 c.367 �1; 2007 c.70 �336; 2007 c.468 �6; 2011 c.597 �99; 2019 c.547 �3]

�� 811.616 Oregon Wounded Warrior placard; rules. (1) The Department of Transportation shall issue an �Oregon Wounded Warrior� disabled person parking permit in the form of an �Oregon Wounded Warrior� placard or decal for use by a wounded warrior.

�� (2) A person is a wounded warrior who qualifies for an �Oregon Wounded Warrior� parking permit if the person:

�� (a) Submits written proof to the Department of Transportation of having a United States Department of Veterans Affairs total disability rating of at least 50 percent as a result of an injury or illness that the veteran incurred, or that was aggravated, during active military service; and

�� (b) Received a discharge or release under other than dishonorable conditions.

�� (3) The Department of Transportation shall determine the form, size and content of the placards or decals, except that the department shall require that the placards or decals:

�� (a) Include the words �Oregon Wounded Warrior.�

�� (b) Have an expiration date that is visible from outside the vehicle when the placard or decal is displayed on or in the vehicle.

�� (4) The Department of Transportation shall by rule determine how a person may apply for an �Oregon Wounded Warrior� placard or decal under this section.

�� (5) An applicant for an �Oregon Wounded Warrior� placard or decal issued by the Department of Transportation under this section must have a driver license, a driver permit or an identification card issued by the department.

�� (6) A placard or decal issued under this section shall be valid for a period of eight years from the date of issue. A placard or decal may be renewed in a manner determined by the department by rule. [2018 c.69 �2; 2021 c.630 �7]

�� Note: 811.616 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 811.617 Blocking parking space reserved for persons with disabilities; penalty. (1) A person commits the offense of blocking a parking space reserved for persons with disabilities if the person:

�� (a) Stops or parks a vehicle in such a way as to block access to a parking space that is on private or public property and that is marked or signed to provide parking for persons with disabilities; or

�� (b) Places an object or allows an object to be placed in such a manner that it blocks access to a parking space that is on private or public property and that is marked or signed to provide parking for persons with disabilities.

�� (2)(a) Unless the police officer or other authorized person issuing the citation witnesses the stopping or parking of a vehicle in violation of subsection (1)(a) of this section, there is a rebuttable presumption that the vehicle was stopped or parked by the registered owner of the vehicle and a citation issued for the violation may be placed upon the vehicle. If the stopping or parking of the vehicle is witnessed by the police officer or other person authorized to issue a citation for the offense, or if the operator is in the vehicle, the operator of the vehicle is in violation of this section.

�� (b) Unless the police officer or other authorized person issuing the citation witnesses the blocking of a parking space in violation of subsection (1)(b) of this section, there is a rebuttable presumption that the owner or manager of the parking lot placed or allowed placement of the object blocking access to the parking space and a citation may be issued to the owner or manager of the parking lot. If a police officer or other person issuing the citation sees a person placing an object in violation of subsection (1)(b) of this section, the officer or other person may issue the citation to the person seen.

�� (3) For purposes of this section, a parking space includes any adjacent access aisle as described in ORS 447.233.

�� (4) The offense described in this section, blocking a parking space reserved for persons with disabilities, is a Class D traffic violation. [1997 c.498 �2; 2001 c.367 �2; 2007 c.70 �337; 2011 c.597 �99a]

�� 811.620 Removal of vehicle illegally parked in space reserved for persons with disabilities. If a vehicle is illegally parked in violation of ORS 811.615, the vehicle may be removed and, if notice required under subsection (3) of this section is given, is subject to costs for the removal and storage of the vehicle as provided under the following:

�� (1) The owner of private property may have the vehicle removed from the property in the manner provided for removal of vehicles under ORS 98.812.

�� (2) Subject to subsection (3) of this section, any state agency or political subdivision of this state may provide for the removal and storage of the vehicle and the vehicle shall be subject to the following:

�� (a) The state agency or political subdivision may require payment of reasonable costs for removal and storage of the vehicle before the vehicle is released.

�� (b) If the vehicle is not claimed and any fees required under this subsection are not paid within 30 days of the removal, a lien described under ORS 98.812 attaches to the vehicle and its contents for the reasonable costs for removal and storage of the vehicle and contents.

�� (3) If a vehicle is removed under subsection (2) of this section, the tower removing the vehicle shall:

�� (a) Notify the local law enforcement agency of the location of the vehicle within one hour after the vehicle is placed in storage; and

�� (b) Unless the vehicle is claimed, give notice, within 10 days after the vehicle is placed in storage, to the vehicle owner or any other person with an interest in the vehicle, as indicated by the title records. If notice under this paragraph is given by mail, it must be mailed within the 10-day period, but need not be received within that period. [1983 c.338 �433; 1985 c.16 �227; 1993 c.233 �56; 2007 c.538 �14]

�� 811.625 Unlawful use of disabled person parking permit; penalty. (1) A person commits the offense of unlawful use of a disabled person parking permit if the person:

�� (a) Is not a person with a disability and is not transporting the holder of a disabled person parking permit to or from the parking location; and

�� (b) Uses a disabled person parking permit described under ORS 811.602 or 811.606 to exercise any privileges granted under ORS 811.635.

�� (2) Except as provided in subsection (3) of this section, unlawful use of a disabled person parking permit is a Class C traffic violation.

�� (3) A second or subsequent conviction for unlawful use of a disabled person parking permit is a Class A traffic violation. [1983 c.338 �681; 1987 c.187 �3; 1989 c.243 �9; 1991 c.741 �12; 1995 c.79 �374; 2001 c.367 �3; 2007 c.70 �338; 2011 c.597 �100]

�� 811.627 Use of invalid disabled person parking permit; penalty. (1) A person commits the offense of use of an invalid disabled person parking permit if the person uses a permit that is not a valid permit from another jurisdiction, and that:

�� (a) Has been previously reported as lost or stolen;

�� (b) Has been altered;

�� (c) Was issued to a person who is deceased at the time of the citation;

�� (d) Has not been issued under ORS 811.602;

�� (e) Is a photocopy or other reproduction of a permit, regardless of the permit status; or

�� (f) Is mutilated or illegible.

�� (2) Unless the police officer or other authorized person issuing the citation witnesses the parking of the vehicle, a rebuttable presumption exists that a vehicle parked in violation of this section was parked by the registered owner of the vehicle and the citation issued for the violation may be placed upon the vehicle. If the parking of the vehicle is witnessed by the police officer or other person authorized to issue a citation for the offense, the operator of the vehicle is in violation of this section.

�� (3) The offense described in this section, use of an invalid disabled person parking permit, is a Class A traffic violation.

�� (4) If the court finds that a person committed the offense described in this section, the court shall collect the permit and return it to the Department of Transportation for destruction unless the person claims the permit was lost or destroyed, or the police officer or other person authorized to issue a citation for the offense collected the permit.

�� (5) If the court finds that a person committed the offense described in this section by using a permit that was mutilated or illegible, the court may assess any fine it deems appropriate up to the maximum amount allowable for the offense. If the mutilated or illegible permit has been replaced by the department, the court may dismiss the citation. [2001 c.367 �7; 2011 c.597 �100a]

�� 811.628 Invalidation of disabled person parking permit. The Department of Transportation shall invalidate a disabled parking permit issued under ORS 811.602 if any of the following occurs:

�� (1) The department receives information that the person issued an individual or �Wheelchair User� placard or permit has since obtained a driver license or driver permit issued by another jurisdiction or has since obtained an identification card in another jurisdiction that is similar to the person�s identification card issued by this state.

�� (2) The department receives notice that the person issued a disabled parking permit is deceased.

�� (3) The department determines that the disabled parking permit was issued under fraudulent circumstances.

�� (4) The department determines that the person, program or family for which the permit was issued no longer qualifies for the permit. [2021 c.630 �3]

�� Note: 811.628 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 811.630 Misuse of program placard; penalty. (1) A person commits the offense of misuse of a program placard if the person:

�� (a) Is the driver of a vehicle that is being used as part of a program for the transportation of persons with disabilities; and

�� (b) Uses a program placard described under ORS 811.607 for any purpose other than exercising privileges granted under ORS 811.637.

�� (2) Except as provided in subsection (3) of this section, misuse of a program placard is a Class C traffic violation.

�� (3) A second or subsequent conviction for misuse of a program placard is a Class A traffic violation. [1983 c.338 �682; 1987 c.187 �4; 1989 c.243 �10; 2001 c.367 �4; 2007 c.70 �339; 2011 c.597 �101]

�� 811.632 Appointment of volunteers to issue citations. (1) A law enforcement agency authorized to enforce parking laws may appoint volunteers to issue citations for violations of ORS

ORS 811.700

811.700 or 811.705;

�� (E) Criminal driving while suspended or revoked, as defined in ORS 811.182;

�� (F) Fleeing or attempting to elude a police officer, as defined in ORS 811.540;

�� (G) Aggravated vehicular homicide, as defined in ORS 163.149; or

�� (H) Aggravated driving while suspended or revoked, as defined in ORS 163.196; or

�� (f) Whose driving privileges are suspended for a conviction of assault in the second, third or fourth degree:

�� (A) For a period of four years from the date the department suspends driving privileges if the person�s driving privileges are suspended for conviction of assault in the second degree and the person was not incarcerated for that conviction.

�� (B) For a period of four years from the date the person is released from incarceration for the conviction if the person�s driving privileges are suspended for conviction of assault in the second degree and the person was incarcerated for that conviction.

�� (C) For a period of two years from the date the department suspends driving privileges if the person�s driving privileges are suspended for conviction of assault in the third degree and the person was not incarcerated for that conviction.

�� (D) For a period of two years from the date the person is released from incarceration for the conviction if the person�s driving privileges are suspended for conviction of assault in the third degree and the person was incarcerated for that conviction.

�� (E) For a period of six months from the date the department suspends driving privileges if the person�s driving privileges are suspended for conviction of assault in the fourth degree and the person is not incarcerated for that conviction.

�� (F) For a period of six months from the date the person is released from incarceration for the conviction if the person�s driving privileges are suspended for conviction of assault in the fourth degree and the person was incarcerated for that conviction.

�� (9) A conviction arising out of the same episode as the current suspension is not considered a conviction for purposes of subsection (8)(e) of this section.

�� (10) A person�s driving privileges under a hardship permit are subject to suspension or revocation if the person does not maintain a good driving record, as defined by the administrative rules of the department, during the term of the permit. [1983 c.338 �327; 1985 c.16 �144; 1985 c.608 �29; 1987 c.730 �11; 1987 c.801 �3; 1989 c.636 �33; 1991 c.860 �4; 1993 c.627 �2; 1993 c.751 �45; 1999 c.796 �4; 2001 c.294 �1; 2003 c.23 �1; 2003 c.160 �2; 2005 c.471 �11; 2017 c.319 �1; 2018 c.76 ��2,2a; 2019 c.215 �1; 2019 c.358 �43; 2025 c.415 �8]

�� 807.250 [1985 c.16 �150; 1987 c.262 �2; 1987 c.801 �4; 1991 c.835 �5; 1995 c.750 ��3,6; 1999 c.619 �6; 2003 c.23 �2; 2003 c.204 �1; 2011 c.355 �27; 2017 c.21 �76; 2017 c.319 �2; repealed by 2018 c.76 �1]

�� 807.252 [1999 c.796 �3; 2001 c.104 �302; 2003 c.14 �481; 2003 c.23 �3; 2007 c.867 �9; 2009 c.783 �8; 2017 c.319 �3; 2018 c.22 �7; repealed by 2018 c.76 �1]

�� 807.260 [1985 c.16 �152; 1987 c.801 �5; repealed by 2018 c.76 �1]

�� 807.270 [1983 c.338 �326; 1985 c.16 �143; 1985 c.597 �18; 1985 c.608 �28; 1987 c.730 �12; 1999 c.1051 �280; 2001 c.294 �2; 2003 c.160 �3; 2007 c.195 �4; repealed by 2018 c.76 �1]

�� 807.280 Instruction driver permit; fees. The Department of Transportation shall provide for the issuance of instruction driver permits in a manner consistent with this section. A person who is issued an instruction driver permit may exercise the same driving privileges as those under the class of license or endorsement for which the permit is issued except as provided in this section or under the permit. Except as otherwise provided in this section, an instruction driver permit is subject to the fees, provisions, conditions, prohibitions and penalties applicable to a license or endorsement granting the same driving privileges. The following apply to an instruction driver permit:

�� (1) An instruction driver permit is subject to the same classifications and endorsements as a license. The department may issue an instruction driver permit to grant the same driving privileges as a Class C driver license or as a motorcycle endorsement, but the instruction driver permit will also be subject to the provisions of this section.

�� (2) The department may issue an instruction driver permit to a person who is qualified to obtain the same driving privileges under the corresponding class of license or type of endorsement except for the person�s age or lack of experience in the operation of motor vehicles subject to the following:

�� (a) An applicant must be 15 years of age or older to receive the same driving privileges as are granted under a Class C license.

�� (b) An applicant must be 16 years of age or older and have a commercial driver license or a Class C license to receive the same driving privileges as are granted under a motorcycle endorsement.

�� (c) An applicant must be 18 years of age or older to receive the same driving privileges as are granted under any class of license not otherwise provided for under this subsection.

�� (3) The fees required for issuance or renewal of an instruction driver permit are the instruction driver permit fees under ORS 807.370.

�� (4) A Class C instruction driver permit shall be valid for 24 months from the date of issuance. All other instruction driver permits issued under this section shall be valid for one year from the date of issuance.

�� (5) When an instruction driver permit expires or is about to expire, the department shall renew the instruction driver permit if the holder of the instruction driver permit qualifies for renewal of the instruction driver permit under this section and applies for renewal:

�� (a) Within one year of the expiration of an instruction driver permit issued under this section; or

�� (b) Within six months after the applicant is discharged from the Armed Forces of the United States if the applicant held an instruction driver permit issued by this state at the time of the applicant�s entry into the Armed Forces.

�� (6) To qualify for renewal of an instruction driver permit, a person must meet all of the requirements for the type of instruction driver permit sought to be renewed, except that the department may waive the examination unless the department has reason to believe that the applicant is not qualified for the instruction driver permit.

�� (7) An instruction driver permit that is renewed under this section may be used on or after the date of issuance. If the department issues an instruction driver permit renewal to a person under this section before the expiration of the instruction driver permit being renewed, the older permit is invalid. An instruction driver permit that becomes invalid under this subsection shall be surrendered to the department.

�� (8) The holder of the instruction driver permit may not operate a motor vehicle unless the holder has the instruction driver permit in the holder�s immediate possession and is accompanied by a person with a class of license granting the same driving privileges or a license with an endorsement granting the same driving privileges who is not less than 21 years of age. The accompanying person must be occupying a seat beside the holder of the instruction driver permit unless the instruction driver permit is for motorcycle driving privileges. For an instruction driver permit granting motorcycle driving privileges, the holder of the instruction driver permit must be in the company and under the supervision and visual observation of the accompanying person and the accompanying person must be operating a separate motorcycle.

�� (9) The holder of an instruction driver permit granting motorcycle driving privileges is subject to the following in addition to any other requirements under this section:

�� (a) The holder may operate a motorcycle only during daylight hours.

�� (b) The holder may not carry any passengers on the motorcycle.

�� (c) The holder of the instruction driver permit must wear an approved helmet while operating a motorcycle.

�� (10)(a) The department may issue an instruction driver permit to a person with a limited vision condition if a rehabilitation training specialist certifies to the department that the person has successfully completed a rehabilitation training program.

�� (b) As used in this subsection, �limited vision condition,� �rehabilitation training specialist� and �rehabilitation training program� have the meanings given those terms in ORS 807.355.

�� (11) In addition to any other requirements under this section, the holder of an instruction driver permit issued under subsection (10) of this section may operate a motor vehicle only when using a bioptic telescopic lens. [1983 c.338 �316; 1985 c.16 �135; 1985 c.608 �23; 1989 c.397 �1; 1989 c.636 �29; 1991 c.67 �219; 2001 c.410 �5; 2003 c.14 �482; 2003 c.277 ��8,12; 2005 c.59 ��7,8; 2005 c.649 ��35,36; 2007 c.121 ��1,2; 2007 c.588 �5; 2013 c.237 �45]

�� 807.285 Commercial learner driver permit; fees. (1) The Department of Transportation shall issue commercial learner driver permits in the manner provided by this section. Except as provided in this section, a person who is issued a commercial learner driver permit may exercise the same driving privileges as those under the class of commercial driver license or endorsement for which the permit is issued. Except as provided in this section, a commercial learner driver permit is subject to the provisions, conditions, prohibitions and penalties applicable to a license or endorsement granting the same driving privileges.

�� (2) The department may issue commercial learner driver permits under this section that grant the driving privileges of a Class A commercial, Class B commercial or Class C commercial driver license, subject to the requirements and restrictions described in this section.

�� (3) An applicant for a commercial learner driver permit must be 18 years of age or older and must have a valid driver license issued by the department.

�� (4) In addition to meeting the requirement of providing proof of lawful status under ORS

ORS 811.720

811.720 and does not, within 72 hours of the collision, provide proof of compliance with financial responsibility requirements to the department, in a form furnished by the department, that at the time of the collision the person was in compliance with the financial responsibility requirements.

�� (2) The proof of compliance with financial responsibility required under this section is subject to the prohibitions and penalties for false certification under ORS 806.050.

�� (3) The reports described under this section are subject to the provisions of ORS 802.220 and

ORS 813.010

813.010. The police officer who ordered the vehicle impounded may submit an affidavit to the hearings officer in lieu of making a personal appearance at the hearing.

�� (4) If the hearings officer finds that the impoundment of the vehicle was proper, the hearings officer shall enter an order supporting the removal and shall find that the owner or person entitled to possession of the vehicle is liable for usual and customary towing and storage costs. The hearings officer may also find the owner or person entitled to possession of the vehicle liable for costs of the hearing.

�� (5) If the hearings officer finds that impoundment of the vehicle was improper, the hearings officer shall order the vehicle released to the person entitled to possession and shall enter a finding that the owner or person entitled to possession of the vehicle is not liable for any towing or storage costs resulting from the impoundment. If there is a lien on the vehicle for towing and storage charges, the hearings officer shall order it paid by the impounding police agency.

�� (6) A police agency may contract with another agency or entity to conduct hearings under this section. [Formerly 806.016; 1997 c.514 �4; 1999 c.1051 �284a; 2001 c.748 �3]

�� 809.720 Impoundment for specified offenses; grounds; notice; release. (1) A police officer who has probable cause to believe that a person, at or just prior to the time the police officer stops the person, has committed an offense described in this subsection may, without prior notice, order the vehicle impounded until a person with right to possession of the vehicle complies with the conditions for release or the vehicle is ordered released by a hearings officer. This subsection applies to the following offenses:

�� (a) Driving while suspended or revoked in violation of ORS 811.175 or 811.182.

�� (b) Driving while under the influence of intoxicants in violation of ORS 813.010.

�� (c) Operating without driving privileges or in violation of license restrictions in violation of ORS 807.010.

�� (d) Driving uninsured in violation of ORS 806.010.

�� (2) Notice that the vehicle has been impounded shall be given to the same parties, in the same manner and within the same time limits as provided in ORS 819.180 for notice after removal of a vehicle.

�� (3) A vehicle impounded under subsection (1) of this section shall be released to a person entitled to lawful possession upon compliance with the following:

�� (a) Submission of proof that a person with valid driving privileges will be operating the vehicle;

�� (b) Submission of proof of compliance with financial responsibility requirements for the vehicle; and

�� (c) Payment to the police agency of an administrative fee determined by the agency to be sufficient to recover its actual administrative costs for the impoundment.

�� (4) Notwithstanding subsection (3) of this section, a person who holds a security interest in the impounded vehicle may obtain release of the vehicle by paying the administrative fee.

�� (5) When a person entitled to possession of the impounded vehicle has complied with the requirements of subsection (3) or (4) of this section, the impounding police agency shall authorize the person storing the vehicle to release it upon payment of any towing and storage costs.

�� (6) Notwithstanding subsection (3) of this section, the holder of a towing business certificate issued under ORS 822.205 may foreclose a lien created by ORS 87.152 for the towing and storage charges incurred in the impoundment of the vehicle, without payment of the administrative fee under subsection (3)(c) of this section.

�� (7) Nothing in this section or ORS 809.716 limits either the authority of a city or county to adopt ordinances dealing with impounding of uninsured vehicles or the contents of such ordinances except that cities and counties shall comply with the notice requirements of subsection (2) of this section and ORS 809.725.

�� (8) A police agency may not collect its fee under subsection (3)(c) of this section from a holder of a towing business certificate issued under ORS 822.205 unless the holder has first collected payment of any towing and storage charges associated with the impoundment. [1997 c.514 �2; 2001 c.748 �1]

�� 809.725 Notice following impoundment under city or county ordinance. (1) When a motor vehicle is impounded under authority of a city or county ordinance, the city or county shall give notice of the impoundment to the owners of the motor vehicle and to any lessors or security interest holders as shown on the records of the Department of Transportation. The notice shall be given within 48 hours of impoundment.

�� (2) The notice required by subsection (1) of this section shall be given to the same parties, in the same manner and within the same time limits as provided in ORS 819.180 for notice after removal of a vehicle. [1997 c.514 �3]

�� 809.730 Seizure of motor vehicle for civil forfeiture; driving while under the influence of intoxicants. (1) A motor vehicle may be seized and forfeited if the person operating the vehicle is arrested or issued a citation for driving while under the influence of intoxicants in violation of ORS 813.010 and the person, within three years prior to the arrest or issuance of the citation, has been convicted of:

�� (a) Driving while under the influence of intoxicants in violation of:

�� (A) ORS 813.010; or

�� (B) The statutory counterpart to ORS 813.010 in another jurisdiction;

�� (b) A driving under the influence of intoxicants offense in another jurisdiction that involved the impaired driving of a vehicle due to the use of an intoxicant or a combination of intoxicants;

�� (c) A driving offense in another jurisdiction that involved operating a vehicle while having a blood alcohol content above that jurisdiction�s permissible blood alcohol content;

�� (d) Murder, manslaughter, criminally negligent homicide or assault that resulted from the operation of a motor vehicle in this state or in another jurisdiction; or

�� (e) Aggravated vehicular homicide under ORS 163.149 or aggravated driving while suspended or revoked under ORS 163.196.

�� (2) For the purposes of subsection (1) of this section, a conviction for a driving offense in another jurisdiction based solely on a person under 21 years of age having a blood alcohol content that is lower than the permissible blood alcohol content in that jurisdiction for a person 21 years of age or older does not constitute a prior conviction.

�� (3) All seizure and forfeiture proceedings under this section shall be conducted in accordance with ORS chapter 131A. [1999 c.1100 �2; 2001 c.104 �304; 2001 c.780 ��18,18a; 2007 c.867 �12; 2007 c.879 �5; 2009 c.78 �61; 2009 c.783 �13; 2017 c.21 �79; 2021 c.253 �5; 2023 c.498 �10]

�� 809.735 Preemption of local forfeiture ordinances. (1) The seizure and forfeiture provisions of ORS

ORS 813.100

813.100 or for taking a breath or blood test the result of which discloses a blood alcohol content of:

�� (A) 0.08 percent or more by weight if the person was not driving a commercial motor vehicle;

�� (B) 0.04 percent or more by weight if the person was driving a commercial motor vehicle; or

�� (C) Any amount if the person was under 21 years of age.

�� (c) A suspension of commercial driving privileges under ORS 809.510 resulting from failure to perform the duties of a driver under ORS 811.700.

�� (d) A suspension of commercial driving privileges under ORS 809.510 (7) where the person�s commercial driving privileges have been suspended or revoked by the other jurisdiction for failure of or refusal to take a chemical test to determine the alcoholic content of the person�s blood under a statute that is substantially similar to ORS 813.100.

�� (e) A suspension of commercial driving privileges under ORS 809.520.

�� (f) A revocation resulting from habitual offender status under ORS 809.640.

�� (g) A suspension resulting from any crime punishable as a felony with proof of a material element involving the operation of a motor vehicle, other than a crime described in subsection (3) of this section.

�� (h) A suspension for failure to perform the duties of a driver under ORS 811.705.

�� (i) A suspension for reckless driving under ORS 811.140.

�� (j) A suspension for fleeing or attempting to elude a police officer under ORS 811.540.

�� (k) A suspension or revocation resulting from misdemeanor driving while under the influence of intoxicants under ORS 813.010.

�� (L) A suspension for use of a motor vehicle in the commission of a crime punishable as a felony.

�� (5) In addition to any other sentence that may be imposed, if a person is convicted of the offense described in this section and the underlying suspension resulted from driving while under the influence of intoxicants, the court shall impose a minimum fine of at least $1,000 if it is the person�s first conviction for criminal driving while suspended or revoked and a minimum fine of at least $2,000 if it is the person�s second or subsequent conviction.

�� (6)(a) The Oregon Criminal Justice Commission shall classify a violation of this section that is a felony as crime category 4 of the rules of the commission.

�� (b) Notwithstanding paragraph (a) of this subsection, the commission shall classify a violation of this section that is a felony as crime category 6 of the rules of the commission, if the suspension or revocation resulted from:

�� (A) Any degree of murder, manslaughter or criminally negligent homicide or an assault that causes serious physical injury, resulting from the operation of a motor vehicle; or

�� (B) Aggravated vehicular homicide or aggravated driving while suspended or revoked. [1987 c.730 ��3,3a; 1989 c.636 �46; 1991 c.185 �10; 1991 c.860 �9; 1993 c.305 �2; 1995 c.568 �2; 1997 c.249 �230; 1999 c.1049 �7; 2001 c.436 �1; 2001 c.786 �2; 2003 c.346 �3; 2003 c.402 �37; 2005 c.649 �19; 2007 c.867 �13; 2009 c.783 �14; 2011 c.597 �97; 2013 c.237 �26; 2013 c.649 �3; 2018 c.76 �13; 2021 c.630 �113]

�� 811.183 Department of Transportation data; admission into evidence in prosecution. A court shall, at the request of a party to a prosecution for driving while suspended or revoked in violation of ORS 811.175 or 811.182, admit into evidence data prepared or recorded by the Department of Transportation that details the suspension of a person�s driving privileges. [2024 c.63 �10]

�� Note: 811.183 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 811.185 [1983 c.338 �600; 1985 c.16 �306; repealed by 1991 c.208 �1]

DRIVER OFFENSES INVOLVING PASSENGERS

�� 811.190 Operation with obstructing passenger; penalty. (1) A person commits the offense of driver operation with obstructing passenger if the person is operating a vehicle when another person is in the operator�s lap or in the operator�s embrace.

�� (2) The offense described in this section, driver operation with obstructing passenger, is a Class D traffic violation. [1983 c.338 �601; 1995 c.383 �50]

�� 811.193 Smoking, aerosolizing or vaporizing in motor vehicle when child is present; penalty. (1)(a) A person commits the offense of smoking, aerosolizing or vaporizing in a motor vehicle if the person smokes or uses an inhalant delivery system in a motor vehicle while a person under 18 years of age is in the motor vehicle.

�� (b) As used in this subsection:

�� (A) �Smokes� means to inhale, exhale, burn or carry a lighted cigarette, cigar, pipe, weed, plant, regulated narcotic or other combustible substance; and

�� (B) �Uses an inhalant delivery system� means to use an inhalant delivery system, as defined in ORS 431A.175, in a manner that creates an aerosol or vapor.

�� (2) Notwithstanding ORS 810.410, a police officer may enforce this section only if the police officer has already stopped and detained the driver operating the motor vehicle for a separate traffic violation or other offense.

�� (3) Smoking, aerosolizing or vaporizing in a motor vehicle is a:

�� (a) Class D traffic violation for a first offense.

�� (b) Class C traffic violation for a second or subsequent offense. [2013 c.361 �2; 2015 c.158 �12]

�� Note: 811.193 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 811.195 Having passenger in trailer; penalty. (1) A person commits the offense of having a passenger in a trailer if the person operates a vehicle on a highway while towing any type of trailer that contains a passenger.

�� (2) This section does not apply if the person is operating any of the following vehicles:

�� (a) A commercial bus trailer.

�� (b) An independently steered trailer.

�� (c) A trailer towed with a fifth wheel hitch if the trailer is equipped with all of the following:

�� (A) Safety glazing materials that meet the standards established under ORS 815.040 wherever there are windows or doors with windows on the vehicle.

�� (B) An auditory or visual signaling device that a passenger inside the vehicle can use to gain the attention of the motor vehicle driver towing the vehicle.

�� (C) At least one unobstructed exit capable of being opened from both the interior and exterior of the vehicle.

�� (3) The offense described in this section, passenger in trailer, is a Class D traffic violation. [1983 c.338 �602; 1985 c.16 �307; 1995 c.383 �51; 2003 c.158 �7]

�� 811.200 Carrying dog on external part of vehicle; penalty. (1) A person commits the offense of carrying a dog on the external part of a vehicle if the person carries a dog upon the hood, fender, running board or other external part of any automobile or truck that is upon a highway unless the dog is protected by framework, carrier or other device sufficient to keep it from falling from the vehicle.

�� (2) The offense described in this section, carrying dog on external part of vehicle, is a Class D traffic violation. [1983 c.338 �603; 1995 c.383 �52]

�� 811.205 Carrying minor on external part of vehicle; penalty. (1) A person commits the offense of carrying a minor on an external part of a motor vehicle if the person carries any person under 18 years of age upon the hood, fender, running board or other external part of any motor vehicle that is upon a highway.

�� (2) For purposes of this section, the open bed of a motor vehicle is an external part of a motor vehicle.

�� (3) A person does not commit the offense described in this section if the person:

�� (a) Is carrying a minor in the open bed of a motor vehicle and the minor is secured with a safety belt or safety harness that complies with rules adopted under ORS 815.055;

�� (b) Is operating the motor vehicle in an organized parade; or

�� (c) Is carrying a minor who is seated on the floor of the open bed of a motor vehicle in which all available passenger seats are occupied by minors, the tailgate is securely closed and the minor is being transported:

�� (A) In the course and scope of employment, provided that the minor is transported in compliance with law and rules regulating the transport of workers; or

�� (B)(i) Between a hunting camp and a hunting site or between hunting sites during hunting season; and

�� (ii) The minor has a hunting license.

�� (4) The offense described in this section, carrying a minor on an external part of a motor vehicle, is a Class B traffic violation. [1983 c.338 �604; 1995 c.383 �53; 2003 c.107 �1]

�� 811.207 Legislative findings regarding restraint of children in motor vehicles. The Legislative Assembly finds that:

�� (1) Oregon drivers look to the law in deciding how to restrain and protect children in motor vehicles.

�� (2) The proper restraint of children in motor vehicles will reduce the number of children killed in motor vehicle accidents and reduce the severity of injuries to children who survive motor vehicle accidents. [2007 c.601 �1]

�� Note: 811.207 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 811 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 811.210 Failure to properly use safety belts; penalty. (1)(a) Except as provided in ORS

ORS 813.604

813.604;

�� (b) That the employee is operating on a fully reinstated license within the first year following suspension or revocation for the employee�s first conviction of driving while under the influence of intoxicants;

�� (c) That the employee is operating on a fully reinstated license within the second year following suspension or revocation for the employee�s second or subsequent conviction of driving while under the influence of intoxicants; or

�� (d) That the employee has driving privileges and is otherwise required to install an ignition interlock device as a condition of a driving while under the influence of intoxicants diversion agreement; and

�� (2) The employee has proof of the notification and, if applicable, a fully reinstated license in the possession of the employee while operating the employer�s vehicle in the course of employment. [1987 c.746 �4; 1999 c.770 �8; 2001 c.786 �5; 2011 c.355 �17; 2013 c.315 �2]

�� 813.608 Knowingly furnishing motor vehicle without ignition interlock device; penalty. (1) A person commits the offense of knowingly furnishing a motor vehicle without an ignition interlock device to someone who is not authorized to drive such a vehicle if the person rents, leases, lends or otherwise furnishes a motor vehicle to someone the person knows to have been ordered or required under ORS 813.602, to install an ignition interlock device, and the motor vehicle is not equipped with such a device that is in working order.

�� (2) The offense described in this section, knowingly furnishing a motor vehicle without an ignition interlock device to someone who is not authorized to drive such a vehicle, is a Class A traffic violation. [1987 c.746 �5; 1989 c.576 �2]

�� 813.610 Soliciting another to blow into ignition interlock device; penalty. (1) A person commits the offense of unlawfully soliciting another to blow into an ignition interlock device or start a motor vehicle equipped with an ignition interlock device if the person has such a device as a result of an order or requirement under ORS 813.602 and the person requests or solicits another to blow into the device or start the motor vehicle so as to circumvent the device.

�� (2) The offense described in this section, unlawfully soliciting another to blow into an ignition interlock device or start a motor vehicle equipped with an ignition interlock device, is a Class A traffic violation. [1987 c.746 �6; 1989 c.576 �3]

�� 813.612 Unlawfully blowing into ignition interlock device; penalty. (1) A person commits the offense of unlawfully blowing into an ignition interlock device or starting a motor vehicle equipped with an ignition interlock device if, for the purpose of providing an operable motor vehicle for someone required under ORS 813.602 to have such a device, the person blows into an ignition interlock device or starts an automobile equipped with the device.

�� (2) This section does not apply to a person who is required to have an ignition interlock device and who blows into or starts the person�s own vehicle that is so equipped.

�� (3) The offense described in this section, unlawfully blowing into an ignition interlock device or starting a motor vehicle equipped with an ignition interlock device, is a Class A traffic violation. [1987 c.746 �7]

�� 813.614 Tampering with ignition interlock device; penalty. (1) A person commits the offense of tampering with an ignition interlock device if the person does anything to a device that was ordered installed pursuant to ORS 813.602 that circumvents the operation of the device.

�� (2) The offense described in this section, tampering with an ignition interlock device, is a Class A traffic violation. [1987 c.746 �9]

�� 813.616 Use of certain moneys to pay for ignition interlock program. Notwithstanding ORS 813.270, moneys in the Intoxicated Driver Program Fund may be used to pay for administration and evaluation of the ignition interlock program established by ORS 813.600 to 813.616 and for the costs of participation in the program for indigents. [1987 c.746 �8; 1993 c.382 �4]

�� 813.620 Suspension of driving privileges for failing to provide proof of device installation or for tampering with device. (1) At the end of the suspension or revocation resulting from a conviction for driving while under the influence of intoxicants in violation of ORS 813.010 or of a municipal ordinance, the Department of Transportation shall suspend the driving privileges or right to apply for driving privileges of a person who has not submitted proof to the department that an ignition interlock device has been installed in any vehicle operated by the person or who tampers with an ignition interlock device after it has been installed.

�� (2) Subject to ORS 813.635, if the department imposes a suspension under subsection (1) of this section for failing to submit proof of installation, the suspension continues until the department receives proof that the ignition interlock device has been installed. If the department does not receive proof that the ignition interlock device has been installed, the suspension shall continue for:

�� (a) One year after the ending date of the suspension resulting from the first conviction;

�� (b) Except as provided in paragraph (c) of this subsection, two years after the ending date of the suspension resulting from a second or subsequent conviction; or

�� (c) Five years after the ending date of the longest running suspension or revocation resulting from a conviction described in ORS 813.602 (2).

�� (3) Subject to ORS 813.635, if the department imposes a suspension under subsection (1) of this section for tampering with an ignition interlock device, the suspension continues until:

�� (a) One year after the ending date of the suspension resulting from the first conviction;

�� (b) Except as provided in paragraph (c) of this subsection, two years after the ending date of the suspension resulting from a second or subsequent conviction; or

�� (c) Five years after the ending date of the longest running suspension or revocation resulting from a conviction described in ORS 813.602 (2).

�� (4) A person whose driving privileges or right to apply for privileges is suspended under subsection (1) of this section is entitled to administrative review, as described in ORS 809.440. [2015 c.577 �8; 2015 c.577 �12]

�� 813.630 Notice of ignition interlock device installation and negative reports. (1) This section applies only to a person who has had an ignition interlock device installed as a condition of a driving while under the influence of intoxicants diversion agreement under ORS

ORS 815.060

815.060.

�� (2) A person commits the offense of unlawful operation of a Class I, Class II or Class IV all-terrain vehicle used for agricultural purposes if the person operates a Class I, Class II or Class IV all-terrain vehicle on a highway in violation of subsection (1) of this section.

�� (3) The offense described in subsection (2) of this section, unlawful operation of a Class I, Class II or Class IV all-terrain vehicle used for agricultural purposes, is a Class D traffic violation. [2001 c.529 ��2,3; 2007 c.207 �2; 2011 c.360 �25]

�� Note: 821.191 was added to and made a part of ORS chapter 821 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 821.192 Operating all-terrain vehicle in violation of posted restrictions. (1) A person commits the offense of operating an all-terrain vehicle in violation of posted restrictions if the person operates an all-terrain vehicle on public lands at a time when the lands are closed to all-terrain vehicles or operation of the vehicles is otherwise restricted, and notice of the restrictions has been posted by an agency with jurisdiction to impose the restrictions.

�� (2) The offense described in this section, operating an all-terrain vehicle in violation of posted restrictions, is a Class B traffic violation. [1999 c.565 �2]

�� 821.195 Operation of all-terrain vehicle without permit and decal; exemptions; penalty. (1) A person commits the offense of operating an all-terrain vehicle without a permit and a decal if the person operates an all-terrain vehicle without a permit and a decal in an area or on a trail designated by the appropriate authority as open to all-terrain vehicles only if they have permits and decals.

�� (2) This section does not apply to:

�� (a) An all-terrain vehicle owned and operated by a resident of another state if the other state grants a similar exemption for all-terrain vehicles owned and operated by residents of Oregon and if the vehicle has not been operated in this state for more than 60 consecutive days; or

�� (b) An all-terrain vehicle owned and operated by the United States, this state or any other state or any political subdivision of the United States or of a state.

�� (3) The offense described in this section, operating an all-terrain vehicle without a permit and a decal, is a Class C traffic violation. [Formerly 821.175; 1999 c.977 �35]

�� Note: 821.195 was added to and made a part of ORS chapter 821 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 821.200 Exemptions from general prohibition on operating on highway or railroad. This section establishes exemptions from the limitations placed on the use of snowmobiles and all-terrain vehicles under ORS 821.190. The prohibitions and penalties under ORS 821.190 do not apply when a snowmobile or all-terrain vehicle that qualifies for the exemption from equipment requirements under ORS 821.010 is being operated as described under any of the following:

�� (1) A person may lawfully cross a highway or railroad right of way while operating a snowmobile or all-terrain vehicle if the person complies with all of the following:

�� (a) The crossing must be made at an angle of approximately 90 degrees to the direction of the highway or railroad right of way.

�� (b) The crossing must be made at a place where no obstruction prevents a quick and safe crossing.

�� (c) The vehicle must be brought to a complete stop before entering the highway or railroad right of way.

�� (d) The operator of the vehicle must yield the right of way to vehicles using the highway or equipment using the railroad tracks.

�� (e) The crossing of a railroad right of way must be made at an established public railroad crossing.

�� (f) The crossing of a highway must be made at a highway intersection or at a place that is more than 100 feet from any highway intersection.

�� (g) If the operator of a snowmobile is under 12 years of age, a person who is 18 years of age or older must accompany the operator either as a passenger or as the operator of another snowmobile that is in proximity to the younger operator.

�� (2) A snowmobile or all-terrain vehicle may be lawfully operated upon a highway under any of the following circumstances:

�� (a) Where the highway is completely covered with snow or ice and has been closed to motor vehicle traffic during winter months.

�� (b) For purposes of loading or unloading when such operation is performed with safety and without causing a hazard to vehicular traffic approaching from either direction on the highway.

�� (c) Where the highway is posted to permit snowmobiles or all-terrain vehicles.

�� (d) In an emergency during the period of time when and at locations where snow upon the highway renders travel by automobile impractical.

�� (e) When traveling along a designated snowmobile or all-terrain vehicle trail.

�� (3) It shall be lawful to operate a snowmobile or all-terrain vehicle upon a railroad right of way under any of the following circumstances:

�� (a) Where the right of way is posted to permit the operation.

�� (b) In an emergency.

�� (c) When the snowmobile or all-terrain vehicle is operated by an officer or employee or authorized contractor or agent of a railroad. [1983 c.338 �727; 1985 c.72 �3; 1985 c.459 �29; 1989 c.991 �13; 1999 c.372 �2; 1999 c.565 �5; 2007 c.887 �3; 2017 c.453 �2]

�� 821.202 Failure of all-terrain vehicle rider to wear motorcycle helmet; penalty. (1) A person commits the offense of failure of an all-terrain vehicle operator or passenger to wear a motorcycle helmet if:

�� (a) The person is under 18 years of age, operates or rides on a Class I, Class II, Class III or Class IV all-terrain vehicle on premises open to the public or on a highway and is not wearing a motorcycle helmet with a fastened chin strap; or

�� (b) The person is 18 years of age or older, operates or rides on a Class I or Class III all-terrain vehicle on an all-terrain vehicle highway access route that is designated by the Oregon Transportation Commission as open to all-terrain vehicles and is not wearing a motorcycle helmet with a fastened chin strap.

�� (2) The requirement to wear a motorcycle helmet with a fastened chin strap does not apply if the all-terrain vehicle is:

�� (a) Used exclusively in farming, agricultural or forestry operations or used by persons licensed under ORS chapter 571 exclusively for nursery or Christmas tree growing operations.

�� (b) Being used on land owned or leased by the owner of the vehicle.

�� (c) A Class II all-terrain vehicle registered under ORS 803.420 and has a roof or roll bar.

�� (3) The offense described in this section, failure of an all-terrain vehicle operator or passenger to wear a motorcycle helmet, is a Class D traffic violation. [1995 c.775 ��2,10; 2007 c.887 �3a; 2009 c.452 �1; 2011 c.360 �26; 2017 c.453 �10]

�� 821.203 Endangering all-terrain vehicle operator or passenger; penalty. (1) A person commits the offense of endangering an all-terrain vehicle operator or passenger if:

�� (a) The person is operating a Class I, Class II, Class III or Class IV all-terrain vehicle on premises open to the public or on a highway and the person carries another person on the Class I, Class II, Class III or Class IV all-terrain vehicle who is under 18 years of age and is not wearing a motorcycle helmet with a fastened chin strap; or

�� (b) The person is the parent, legal guardian or person with legal responsibility for the safety and welfare of a child under 18 years of age and the child operates or rides on a Class I, Class II, Class III or Class IV all-terrain vehicle on premises open to the public or on a highway without wearing a motorcycle helmet with a fastened chin strap.

�� (2) The requirement to wear a motorcycle helmet with a fastened chin strap does not apply if the all-terrain vehicle is:

�� (a) Used exclusively in farming, agricultural or forestry operations or used by persons licensed under ORS chapter 571 exclusively for nursery or Christmas tree growing operations.

�� (b) Being used on land owned or leased by the owner of the vehicle.

�� (c) A Class II all-terrain vehicle registered under ORS 803.420 and has a roof or roll bar.

�� (3) The offense described in this section, endangering an all-terrain vehicle operator or passenger, is a Class D traffic violation. [1995 c.775 ��3,11; 2007 c.887 �3b; 2009 c.452 �2; 2011 c.360 �27; 2017 c.453 �11]

�� 821.204 Issuance of citation for violation of ORS 821.202 or 821.203. (1) If a child who is in violation of ORS 821.202 is 11 years of age or younger, any citation issued shall be issued to the parent, legal guardian or person with legal responsibility for the safety and welfare of the child for violation of ORS 821.203, rather than to the child for violation of ORS 821.202.

�� (2) If a child who is in violation of ORS 821.202 is at least 12 years of age and is under 18 years of age, a citation may be issued to the child for violation of ORS

ORS 815.230

815.230, 815.250, 815.255 and 816.340 if all of the following apply:

�� (1) The vehicle is equipped with original manufacturer�s equipment and accessories, or their equivalent, except that:

�� (a) The drive train, suspension system or brake system on the original vehicle may be replaced with a drive train, suspension system or brake system that:

�� (A) Conforms to the requirements of ORS 815.125, if applicable;

�� (B) Conforms to applicable standards established by the Department of Transportation by rule under ORS 815.030; and

�� (C) Bears any required proof of certification that the equipment complies with the applicable standards;

�� (b) The dimensions of the original body of the vehicle may be altered if the altered body conforms to the standards established by the department by rule under ORS

ORS 815.295

815.295 and does not have proof of compliance with the requirements. The dealer shall provide the purchaser of the vehicle with a written notice along with the temporary registration permit. The notice must inform the purchaser of the following:

�� (a) The vehicle is subject to the pollution control equipment requirements under ORS 815.295;

�� (b) The purchaser is required to comply with ORS 815.295 before the temporary registration permit expires or the purchaser will be required to reapply to register the vehicle;

�� (c) The vehicle may not be registered in this state unless proof of compliance with pollution control equipment requirements is provided to the department;

�� (d) The purchaser agrees to immediately notify the vehicle dealer if the vehicle does not pass testing and is not issued proof of compliance under ORS 815.310;

�� (e) The vehicle dealer is required to ensure the vehicle complies with the pollution control equipment requirements; and

�� (f) After the requirement described in paragraph (e) of this subsection is satisfied, the vehicle dealer is not obligated to ensure the vehicle complies with future testing requirements.

�� (4) The department shall specify, by rule, the procedures to be followed by persons issuing and using temporary registration permits issued under this section. Persons violating rules established by the department under this subsection are subject to penalty under ORS 803.630 and 803.635. [1983 c.338 �278; 1985 c.284 �3; 1997 c.583 �8; 2001 c.827 �4; 2025 c.415 �52]

�� 803.630 Agent violation of temporary registration permit procedures; penalty. (1) A person commits the offense of agent violation of temporary registration permit procedures if the person is authorized to issue temporary registration permits under ORS 803.625 and the person violates any rules adopted by the Department of Transportation concerning the procedures for issuing the permits.

�� (2) The offense described in this section, agent violation of temporary registration permit procedures, is a Class B traffic violation. [1983 c.338 �279]

�� 803.635 Improper use of temporary registration permit; penalty. (1) A person commits the offense of improper use of temporary registration permit if the person is issued a temporary registration permit under ORS 803.625 and the person does any of the following:

�� (a) Violates any rule adopted by the Department of Transportation under ORS 803.625 concerning the use of the permit.

�� (b) Fails to keep the permit on and upon the vehicle during the period until the receipt of the permanent registration plates.

�� (c) Fails to remove the permit from the vehicle upon receipt of permanent registration plates.

�� (2) The offense described in this section, improper use of temporary registration permit, is a Class D traffic violation. [1983 c.338 �280; 1995 c.383 �7]

�� 803.640 Prohibition on showing name or address on permit. (1) Vehicle permits issued under ORS 803.600 to 803.615 that are required to be displayed so as to be visible from the outside of a vehicle shall not show the name or address of the registered owner of the vehicle or of the person who has applied for registration or titling of the vehicle.

�� (2) The Department of Transportation may require that permits described in this section contain the driver license number of the registered owner or of the person who has applied for registration or titling of the vehicle displaying the permit and the name of the state that issued the driver license.

�� (3) If the department determines that the information authorized by subsection (2) of this section is not sufficient to identify the registered owner or person who has applied for registration or titling of a vehicle issued a permit described in this section, the department may require that the person operating the vehicle have in the person�s possession any information the department determines is necessary for identification. Such information, if required, shall be on a form prescribed by rule by the department and may not be required to be displayed so as to be visible from outside the vehicle. [1985 c.284 �2; 1993 c.751 �97]

�� 803.645 Fees for trip permits. Fees for trip permits issued under ORS 803.600 are as follows:

�� (1) For a heavy motor vehicle trip permit, $43.

�� (2) For a heavy trailer trip permit, $10.

�� (3) For a light vehicle trip permit, $35.

�� (4) For a recreational vehicle trip permit, $35.

�� (5) For a registration weight trip permit, $5.

�� (6) For a registered vehicle trip permit, $7.50.

�� (7) For a 10-day trip permit issued under ORS 803.600 (2) by a person with a vehicle dealer certificate or a towing business certificate, $15.

�� (8) For a 30-day trip permit issued under ORS 803.600 (3) by a person with a vehicle dealer certificate, $70. [1983 c.338 �281; 1985 c.16 �113; 1985 c.313 �5; 1985 c.400 �4; 1989 c.43 �30; 1989 c.109 �3; 1989 c.723 �14; 1991 c.284 �20; 1991 c.360 �3; 1997 c.421 �2; 2001 c.412 �3; 2003 c.600 �4; 2003 c.655 �118; 2009 c.865 �44a; 2017 c.750 ��48,49; 2025 c.55 �4]

�� 803.650 Placement of permits in vehicles; rules. (1) A permit issued under ORS 803.600, 803.615 or

ORS 815.310

815.310.

�� (4) The department shall suspend or revoke registration under this section if the department determines that:

�� (a) A vehicle registered under this section is being used for purposes other than those required for qualification for registration under this section, and a trip permit as provided under ORS 803.600 has not been obtained.

�� (b) The vehicle does not comply with requirements under ORS 820.100 to 820.120. [1985 c.547 �11; 1987 c.158 �164; 1993 c.741 �125]

�� 805.060 Law enforcement undercover vehicles. (1) The Department of Transportation may issue registration plates or other evidence of registration from any regular series rather than from any specially designed government series for a vehicle operated by a federal, state, county, city or Indian tribal law enforcement, parole or probation agency in discharging its undercover criminal investigation duties if requested to do so by the agency. The registration period for a vehicle described under this section shall be the same as the regular registration period for the type of vehicle registered. The fee for registration or renewal of registration of a vehicle under this section shall be the fee established for registration or renewal of police undercover vehicles under ORS 803.420.

�� (2) The Department of Transportation may enter into agreements with agencies of other states to provide for the reciprocal exchange of vehicle registration plates or stickers for use on vehicles otherwise eligible to obtain regular series registration plates under subsection (1) of this section. The department may provide registration plates or stickers of other states obtained pursuant to this subsection to the law enforcement, parole or probation agencies described in subsection (1) of this section. Vehicle registration plates of other states obtained pursuant to this subsection may be used on vehicles in place of the vehicle registration plates issued by the department under subsection (1) of this section.

�� (3) Any vehicle registered under this section and not exempt from the requirements to comply with certificates of compliance for pollution control equipment by ORS 815.300, must be certified as complying with the requirements for pollution control equipment under ORS 815.310. [1983 c.338 �244; 1985 c.148 �2; 1987 c.6 �1; 1993 c.741 �126; 2001 c.827 �5; 2025 c.415 �40]

�� 805.070 [1983 c.338 �246; repealed by 1987 c.25 �6]

�� 805.080 Campers. Except where specific provisions are made for campers, campers are subject to the same provisions of the vehicle code relating to registration, titling, transfer, sale and dealer regulation as any other vehicle. [1983 c.338 �250]

�� 805.090 Nonfarm tractors. (1) Except where specific provisions are made for tractors described in this section, such tractors are subject to the same provisions of the vehicle code relating to registration, titling, transfer, sale and dealer regulation as a motor truck.

�� (2) This section applies to vehicles that would be farm tractors if used primarily in agricultural operations and that are not within:

�� (a) The exemptions from registration for farm tractors under ORS 803.305; or

�� (b) The classification of fixed load vehicle. [1983 c.338 �251; 1985 c.16 �96]

�� 805.092 Low-speed vehicles and medium-speed electric vehicles; rules. (1) The Department of Transportation shall adopt, by rule, minimum safety standards for low-speed vehicles and medium-speed electric vehicles.

�� (2) The department may not issue registration to a low-speed vehicle or medium-speed electric vehicle if the department has reason to believe the vehicle does not meet the safety standards adopted pursuant to this section. [2009 c.865 �14; 2010 c.30 �6]

PARTICULAR PERSONS

�� 805.100 Disabled veterans. (1) In the absence of just cause for refusal, the Department of Transportation shall provide for registration of any vehicle required to be registered by this state in a manner consistent with this section for persons who qualify as disabled veterans under this section. The special registration provisions under this section are subject to all of the following:

�� (a) The fee is the one-time registration fee established by ORS 803.420 for vehicles registered under this section.

�� (b) The department may issue registrations for vehicles in a household under this section in a number equal to the number of persons in the household who qualify as disabled veterans under subsection (2) of this section.

�� (c) The department shall not register any commercial vehicle under this section.

�� (2) A person is a disabled veteran who qualifies for registration of a vehicle under this section if the person:

�� (a) Is a disabled veteran whose disability results from causes connected with service in the Armed Forces of the United States; and

�� (b) Has been a member of and discharged or released under honorable conditions from the Armed Forces of the United States, and whose service was for not less than 90 consecutive days or who was discharged or released on account of a service-connected injury or illness prior to the completion of the minimum period of service.

�� (3) A person qualifies as a disabled veteran under subsection (2) of this section if the person presents a letter from the United States Department of Veterans Affairs or any branch of the Armed Forces of the United States certifying that the person is a disabled veteran.

�� (4) Registration issued under this section is valid as provided in ORS 803.415. The registration period for vehicles registered under this section exempts the registration from any requirement to be renewed or to make payment of renewal fees. However, if any owner would be required to comply with ORS 815.310 upon issuance or renewal of regular registration for the vehicle, the owner must comply with ORS 815.310 in the same manner as for other vehicles or the department may suspend the registration of the vehicle until the owner submits proof of compliance.

�� (5) The department may suspend or revoke any registration issued under this section if the department determines that the vehicle is owned by a person not qualified for registration under this section or the vehicle is a kind not qualified for registration under this section. [1983 c.338 �247; 1985 c.16 �92; 1993 c.741 �127; 1997 c.517 �1; 1999 c.778 �1]

�� 805.103 Congressional Medal of Honor recipients; rules. (1) The Department of Transportation shall provide for issuance of registration plates for a motor vehicle registered under ORS 803.420 (6)(a), in a manner consistent with this section, to motor vehicle owners who qualify for the plates as Congressional Medal of Honor recipients under subsection (2) this section.

�� (2) A person who is a Congressional Medal of Honor recipient qualifies for registration plates under this section if the person provides the department with a certificate from the United States Department of Veterans Affairs attesting to the person�s status as a Congressional Medal of Honor recipient.

�� (3) Registration plates issued under this section shall be considered customized registration plates for purposes of the fee required in ORS 805.250. The department may waive the fee required in ORS 805.250.

�� (4) The department may not issue registration plates for a motor vehicle under this section if another motor vehicle owned by the applicant has been issued registration plates under this section.

�� (5) The registration plates issued under this section shall:

�� (a) Be issued with a unique background design determined by the department;

�� (b) Be issued with a specific configuration as determined by the department;

�� (c) Contain the words �Medal of Honor�;

�� (d) Contain the image of the Congressional Medal of Honor; and

�� (e) Meet the requirements for registration plates under ORS 803.535.

�� (6) If there is a transfer of interest in the motor vehicle to which the registration plate under this section is assigned, or if the motor vehicle is totaled and not reconstructed, the motor vehicle owner shall remove the registration plate. The Congressional Medal of Honor recipient may retain the registration plate, but the registration plate may not be placed on any other motor vehicle unless the registration plate is transferred as set forth in subsection (7) of this section.

�� (7) If the motor vehicle owner qualifies for the registration plates under subsection (2) of this section, the department may transfer registration plates issued under this section to another motor vehicle registered under ORS 803.420 (6)(a), as set forth in ORS 803.530.

�� (8) The department shall cancel any registration plates issued under this section if the department determines that the motor vehicle is owned by a person who does not qualify for the registration plates under subsection (2) of this section or that the motor vehicle is not registered under ORS 803.420 (6)(a).

�� (9) The department may adopt rules necessary to carry out the provisions of this section. [2007 c.311 �2; 2010 c.61 �4; 2017 c.750 �39h; 2023 c.400 �22]

�� 805.105 Veterans� recognition plates; Gold Star Family plates; rules; surcharge; disposition of moneys. (1) The Department of Transportation shall establish a veterans� recognition registration plate program to issue registration plates called �veterans� recognition registration plates� upon request to an owner of any motor vehicle registered under ORS 803.420 (6)(a) or (c) if the owner of the motor vehicle qualifies for the plates. Rules adopted under this section shall include, but need not be limited to, rules that:

�� (a) Describe general qualifications to be met by any veterans� group in order to be eligible for a veterans� recognition registration plate issued under this section.

�� (b) Specify circumstances under which the department may cease to issue veterans� recognition registration plates.

�� (c) Specify what constitutes proof of veteran status for issuance of a veterans� recognition registration plate, if such proof is required by a veterans� group or by the Director of Veterans� Affairs.

�� (d) Specify what constitutes proof that a person is a surviving family member of a person who was killed in action during an armed conflict while serving in the Armed Forces of the United States. The department may only issue a veterans� recognition registration plate displaying a gold star decal and the words �Gold Star Family� to a person who is a parent, sibling, spouse or dependent of a person who was killed in action during an armed conflict while serving in the Armed Forces of the United States.

�� (2)(a) In addition to any other fee authorized by law, upon issuance of a veterans� recognition registration plate under this section and upon renewal of registration for a vehicle that has plates issued under this section, the department shall collect a surcharge of $2.50 per plate for each year of the registration period for the vehicle as described under ORS 803.415.

�� (b) Except as otherwise provided in paragraph (c) of this subsection, net proceeds of the surcharge collected by the department for the veterans� recognition registration plate shall be deposited in the trust fund established under ORS

ORS 815.555

815.555�� Tampering with a vehicle metering system; penalty

GENERAL PROVISIONS

�� 815.005 Consistent parts and equipment authorized. Nothing in the vehicle code shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of the vehicle code. [1983 c.338 �434]

�� 815.010 Compliance with standards for equipment; federal standards to supersede state. (1) Testing requirements for equipment standards adopted under the vehicle code shall be met by the manufacturer submitting a report from a laboratory approved by the Department of Transportation showing compliance with the current federal regulations or the standards of the Society of Automotive Engineers, the American National Standards Institute or the National Institute of Standards and Technology. This subsection supersedes any provision to the contrary in the vehicle code.

�� (2) A federal vehicle safety standard that conflicts with an equipment provision of the vehicle code applicable to the same aspect of performance shall supersede that specific provision of the vehicle code with respect to vehicles in compliance with the federal vehicle safety standard that was in effect at the time of sale. [1983 c.338 �435; 1985 c.16 �228; 1989 c.402 �2; 1991 c.67 �221; 2003 c.14 �497; 2003 c.158 �1]

�� 815.015 Department inspection of vehicles for compliance. The Department of Transportation may at any time inspect any vehicle to determine its compliance with the equipment provisions and other provisions of the vehicle code. [1983 c.338 �436]

�� 815.020 Operation of unsafe vehicle; penalty. (1) A person commits the offense of operation of an unsafe vehicle if the person does any of the following:

�� (a) Drives or moves on any highway any vehicle which is in such unsafe condition as to endanger any person.

�� (b) Owns a vehicle and causes or knowingly permits the vehicle to be driven or moved on any highway when the vehicle is in such unsafe condition as to endanger any person.

�� (2) The offense described in this section, operation of an unsafe vehicle, is a Class B traffic violation. [1983 c.338 �437]

�� 815.025 Causing unreasonable noise with vehicle; penalty. (1) A person commits the offense of causing unreasonable noise with a vehicle if the person operates upon any highway any motor vehicle so as to cause any greater noise or sound than is reasonably necessary for the proper operation of the vehicle.

�� (2) The offense described in this section, causing unreasonable noise with a vehicle, is a Class D traffic violation. [1983 c.338 �438; 1987 c.158 �171; 1995 c.383 �22]

AUTHORITY TO ESTABLISH STANDARDS

�� 815.030 State vehicle equipment standards. (1) The Department of Transportation shall adopt and enforce minimum standards for vehicle performance or vehicle equipment performance consistent with this section.

�� (2) Standards adopted by the department under this section shall be consistent with any vehicle standards established under federal regulations or under standards of the Society of Automotive Engineers, the American National Standards Institute or the National Institute of Standards and Technology.

�� (3) As federal regulations concerning vehicle equipment are subsequently amended or repealed the department may consider subsequent federal vehicle safety standards and adopt standards with respect to any vehicle or item of vehicle equipment applicable to the same aspect of performance of such vehicle or item of equipment if the department determines that the subsequent federal standards are practicable, provide an objective standard and meet the need for vehicle safety.

�� (4) Standards adopted by the department under this section supersede any equipment provision of the vehicle code applicable to the same aspect of performance that conflicts with a specific provision of a standard adopted by the department under this section with respect to compliance with safety standards in effect at the time of sale.

�� (5) The department shall continue to adopt equipment standards as required under other sections of the vehicle code if there is no standard under this section.

�� (6) Proof of certification of equipment under this section may be in the form of a symbol or designation prescribed in federal standards or if there is no federal symbol or designation, by a symbol or designation acceptable to the department.

�� (7) Compliance with any requirements for equipment under this section is subject to ORS

ORS 816.030

816.030 to 816.300, 816.330, 816.350, 816.360 or 820.360 to 820.380;

�� (b) The enforcement officer gave a warning for violation of the statute to the defendant based on the officer�s observation at the time the violation occurred; and

�� (c) After the issuance of the warning, the enforcement officer determines that the defendant received two or more warnings within the year immediately preceding the issuance of the warning for violations of the statutes specified in paragraph (a) of this subsection.

�� (2) Notwithstanding ORS 133.065 and 153.054, a summons may be delivered to a defendant personally or by mail addressed to the defendant�s last-known address if:

�� (a) The summons is for an alleged violation of ORS 807.010, 811.175 or 811.182;

�� (b) The enforcement officer gave a warning for a traffic violation to the defendant; and

�� (c) After the issuance of the warning, the enforcement officer determines that the defendant had no valid operator license at the time of the warning.

�� (3) Proof of mailing summons under this section is sufficient proof of delivery of summons for purposes of ORS 133.065 and 153.054. [Formerly 484.180; 1983 c.338 �890; 1985 c.597 �24; 1987 c.730 �7; 1989 c.782 �36; 1999 c.1051 �80; 2001 c.335 �6]

�� 153.540 [Formerly 484.190; 1983 c.338 �891; 1985 c.669 �16; repealed by 1999 c.1051 �32]

�� 153.545 [Formerly 484.200; repealed by 1999 c.1051 �32]

�� 153.550 [Formerly 484.210; 1983 c.399 �1; 1983 c.507 �2; 1985 c.16 �449; 1985 c.669 �17; repealed by 1999 c.1051 �32]

�� 153.555 [Formerly 484.220; 1985 c.272 �3; 1989 c.472 �6; 1991 c.824 �6; 1995 c.292 �5; repealed by 1999 c.1051 �32]

�� 153.560 [Formerly 484.230; 1983 c.338 �893; repealed by 1999 c.1051 �32]

�� 153.565 [Formerly 484.030; 1995 c.658 �84; repealed by 1999 c.1051 �32]

�� 153.570 [Formerly 484.040; 1983 c.565 �2; repealed by 1999 c.1051 �32]

�� 153.575 [Formerly 484.375; 1983 c.565 �1; repealed by 1999 c.1051 �32]

�� 153.580 [Formerly 484.390; repealed by 1999 c.1051 �32]

�� 153.585 [Formerly 484.395; repealed by 1999 c.1051 �32]

�� 153.590 [Formerly 484.400; repealed by 1999 c.1051 �32]

�� 153.595 [Formerly 484.405; 1985 c.342 �23; 1995 c.658 �85; 1997 c.389 �15; repealed by 1999 c.1051 �32]

�� 153.600 [Formerly 484.310; repealed by 1995 c.292 �8]

�� 153.605 [Formerly 484.320; repealed by 1995 c.292 �8]

�� 153.610 [Formerly 484.355; repealed by 1999 c.1051 �32]

�� 153.615 [Formerly 484.360; 1993 c.531 �6; 1995 c.383 �121a; repealed by 1999 c.1051 �32]

�� 153.620 [Formerly 484.370; repealed by 1999 c.1051 �32]

�� 153.623 [1981 s.s. c.3 �105; 1983 c.571 �1; 1985 c.16 �450; 1987 c.730 �22; 1987 c.887 �15; 1987 c.897 �1; 1991 c.741 �9; 1993 c.531 �7; repealed by 1995 c.383 �122]

�� 153.624 Costs for obtaining driving records. In addition to any other costs charged a person convicted of a traffic offense, a court may charge as costs and collect from any person convicted of a traffic offense any actual costs incurred in obtaining any driving records relating to the person. [Formerly 484.145; 2011 c.597 �127]

�� 153.625 [Formerly 484.240; 1983 c.507 �1; 1985 c.16 �451; 1987 c.137 �1; 1989 c.636 �32; 1999 c.1051 �52; renumbered

ORS 818.060

818.060 or 818.090.

�� (3) Any self-loading log truck. In the granting of permits to vehicles described in this subsection, a granting authority shall observe and be governed by the following maximum loaded weights:

�� (a) The loaded weight of any individual wheel, axle or tandem axles of any vehicle or combination of vehicles shall not exceed the maximum loaded wheel, axle and tandem axle weights set forth in Tables I and II of ORS 818.010.

�� (b) The loaded weight of any group of axles of any vehicle or combination of vehicles, when the distance between the first and last axles of any group of axles is 18 feet or less, and the loaded weight of any vehicle when the distance between the first and last axles of all of the axles of the vehicle is 18 feet or less, shall not exceed that set forth in the following table of weights, or the sum of the permissible axle or tandem axle weights, whichever is less:

Distance in feet between�� Maximum loaded weight,

the first and last axles�� in pounds, of any

of any group of axles of�� group of axles of any

any vehicle or combination�� vehicle or combination

of vehicles, or between the�� of vehicles, or

first and last axles of all�� of any vehicle:

the axles of any vehicle:

�� 6�� 34,000

�� 7�� 34,000

�� 8�� 34,000

�� 9�� 39,000

�� 10�� 40,000

�� 11�� 40,000

�� 12�� 40,000

�� 13�� 40,000

�� 14�� 43,200

�� 15�� 44,000

�� 16�� 44,800

�� 17�� 45,600

�� 18�� 50,000

�� (c) The loaded weight of any vehicle or combination of vehicles, where the distance between the first and last axles of the vehicle or combination of vehicles is more than 18 feet, shall not exceed that set forth in the following table of weights, or the sum of the permissible axle, tandem axle or group of axles weights, whichever is less:

Distance�� Maximum loaded weight,

in feet�� in pounds, of any

between�� vehicle or combination

the first�� of vehicles:

and last

axles of

all the

axles of a

vehicle or

combination

of vehicles:

Wheel�� Max�� 5 Axles�� 6 Axles�� 7 Axles�� 8 or

Base�� Weight�� More

�� Axles

19�� 50,000

20�� 50,000

21�� 50,000

22�� 50,000

23�� 50,400

24�� 51,200

25�� 55,250

26�� 56,100

27�� 56,950

28�� 57,800

29�� 58,650

30�� 59,500

31�� 60,350

32�� 61,200

33�� 62,050

34�� 62,900

35�� 63,750

36�� 64,600

37�� 65,450

38�� 66,300

39�� 68,000

40�� 70,000�� 73,000

41�� 72,000�� 73,500

42�� 73,280�� 74,500

43�� 73,280�� 75,000

44�� 73,280�� 75,500

45�� 73,280�� 76,000

46�� 73,280�� 77,000

47�� 73,280�� 77,500�� 81,000�� 81,000�� 81,000

48�� 73,280�� 78,000�� 82,000�� 82,000�� 82,000

49�� 73,280�� 78,500�� 83,000�� 83,000�� 83,000

50�� 73,280�� 79,500�� 84,000�� 84,000�� 84,000

51�� 73,280�� 80,000�� 84,500�� 85,000�� 85,000

52�� 73,600�� 80,500�� 85,000�� 86,000�� 86,000

53�� 74,400�� 81,000�� 86,000�� 87,000�� 87,000

54�� 75,200�� 81,500�� 86,500�� 88,000�� 91,000

55�� 76,000�� 82,500�� 87,000�� 89,000�� 92,000

56�� -�� 83,000�� 87,500�� 90,000�� 93,000

57�� -�� 83,500�� 88,000�� 91,000�� 94,000

58�� -�� 84,000�� 89,000�� 92,000�� 95,000

59�� -�� 85,000�� 89,500�� 93,000�� 96,000

60�� -�� 85,500�� 90,000�� 94,000�� 97,000

61�� -�� 86,000�� 90,500�� 95,000�� 98,000

62�� -�� 87,000�� 91,000�� 96,000�� 99,000

63�� -�� 87,500�� 92,000�� 97,000�� 100,000

64�� -�� 88,000�� 92,500�� 97,500�� 101,000

65�� -�� 88,500�� 93,000�� 98,000�� 102,000

66�� -�� 89,000�� 93,500�� 98,500�� 103,000

67�� -�� 90,000�� 94,000�� 99,000�� 104,000

68�� -�� 90,000�� 95,000�� 99,500�� 105,000

69�� -�� 90,000�� 95,500�� 100,000�� 105,500

70�� -�� 90,000�� 96,000�� 101,000�� 105,500

71�� -�� 90,000�� 96,500�� 101,500�� 105,500

72�� -�� 90,000�� 96,500�� 102,000�� 105,500

73�� -�� 90,000�� 96,500�� 102,500�� 105,500

74�� -�� 90,000�� 96,500�� 103,000�� 105,500

75�� -�� 90,000�� 96,500�� 104,000�� 105,500

76�� -�� 90,000�� 96,500�� 104,500�� 105,500

77�� -�� 90,000�� 96,500�� 105,000�� 105,500

78�� -�� 90,000�� 96,500�� 105,500�� 105,500

�� (4) Any vehicle, combination of vehicles, load, article, property, machine or thing that:

�� (a) Is used in the construction, maintenance or repair of public highways; and

�� (b) Is either not being used by the federal government, State of Oregon or any county or incorporated city or not being used at the immediate location or site.

�� (5) Combinations of vehicles having a combined loaded weight in excess of that authorized under Table III of ORS 818.010.

�� (6) A vehicle engaged in the transportation of secondary wood products, which may be issued a permit for an overlength load. As used in this subsection, �secondary wood products� means laminated wood products and wooden I-beams. A vehicle engaged in the transportation of secondary wood products may also transport a divisible load of secondary wood products that otherwise exceeds allowable load length limits if:

�� (a) The load contains a permitted, nondivisible secondary wood product that exceeds the length allowed in ORS 818.080 or 818.100;

�� (b) The divisible load does not exceed the length allowed for the nondivisible wood product in the permit; and

�� (c) Not more than 49 percent of each divisible load item, by length or weight, authorized by this subsection overhangs the vehicle transporting the load.

�� (7) A vehicle engaged in the transportation of lumber, veneer or plywood, which may be issued a permit for an overwidth load if the width of the divisible load does not exceed nine feet.

�� (8) A vehicle transporting an overheight marine container to or from a marine port facility.

�� (9) A vehicle or combination of vehicles engaged in hauling grass seed straw, grass hay or cereal grain straw, which may be issued a permit to allow the load to be up to 14 feet 6 inches high. A permit issued under this subsection shall be valid for one year and shall specify the routes over which the overheight load may be hauled.

�� (10) A vehicle or combination of vehicles that has a variance permit and that can carry items related to the already permitted load without increasing the size of the vehicle needed to carry the item requiring the variance permit.

�� (11) A vehicle engaged in hauling poplar logs or the processing residual from the logs, which may be issued an annual overwidth permit for a vehicle and load with a combined width of not more than 12 feet. The annual permit shall allow movement of the vehicle only on Patterson Ferry Road and Frontage Road in Morrow County and only for a distance of 5,000 feet or less.

�� (12) A vehicle or combination of vehicles engaged in hauling bagged grass seed or mint leaves in sacks, which may be issued a permit to allow the load to be up to nine feet six inches wide. A permit issued under this subsection shall be valid for one year and shall specify the routes over which the overwidth load may be hauled.

�� (13) A combination of a truck tractor and two property-carrying units that exceeds the maximum length established under ORS 818.080 if:

�� (a) The combined length of the two property-carrying units does not exceed 82 feet 8 inches;

�� (b) The combination is used only to transport sugar beets; and

�� (c) The combination is operated on U.S. Highway 20, U.S. Highway 26, U.S. Highway 30 or State Highway 201 in the vicinity of or between the cities of Vale, Ontario and Nyssa. [1983 c.338 �536; 1985 c.16 �275; 1989 c.431 �1; 1991 c.261 �1; 1991 c.880 �5; 1993 c.416 �1; 1995 c.488 �1; 1997 c.360 �1; 1997 c.466 �1; 1999 c.59 �244; 1999 c.352 �1; 2001 c.335 �3; 2015 c.77 �1; 2019 c.490 �1]

�� 818.220 Requirements, conditions and procedures for issuance of variance permit; duration; cancellation; rules. This section establishes requirements, conditions and procedures for issuance of variance permits under ORS 818.200 as follows:

�� (1) In issuing a permit, the road authority may:

�� (a) Grant a permit that is valid for a single trip, a number of trips or continuous operation.

�� (b) Establish seasonal or other time limitations on a permit.

�� (c) Establish any additional terms, limits or conditions on a permit that are necessary or desirable for the protection of the highways and streets and the public interest.

�� (d) Require the applicant to furnish public liability and property damage insurance in an amount fixed by the granting authority.

�� (e) Require the applicant to furnish indemnity insurance or an indemnity bond, in an amount fixed by the granting authority, to:

�� (A) Indemnify the road authority for any damage to the highways or streets that may be caused under the permit; and

�� (B) Indemnify the members, officers, employees and agents of the road authority from any claim that might arise out of the granting of the permit and the use of the highways under the permit.

�� (f) Require a demonstration by the applicant to establish that operation under a permit would:

�� (A) Stay on the right side of the center line of the traveled way at all times; and

�� (B) Allow sufficient room in the opposing traffic lane for the safe movement of other vehicles.

�� (2) A permit shall be in writing and shall specify:

�� (a) All highways or streets over which the permit is valid.

�� (b) Any vehicle, combination of vehicles, load, article, property, machine or thing allowed under the permit.

�� (c) Maximum dimensions and maximum weights allowed under the permit.

�� (3) A road authority may not issue a permit under this section:

�� (a) That is valid for longer than one year.

�� (b) Until any insurance or bond required under this section is filed with and accepted by the granting authority.

�� (c) Until the granting authority has investigated any representations made in the application for the permit.

�� (d) If the sole purpose of the permit is to specify highways on which a vehicle or combination of vehicles may not travel.

�� (4) An application for a permit issued under this section shall be in writing and shall specify:

�� (a) The vehicle, combination of vehicles, load, article, property, machine or thing for which the permit is requested;

�� (b) The particular highways and streets for which the permit is sought; and

�� (c) Whether the permit is sought for a single trip, number of trips or continuous operation.

�� (5) This section does not authorize:

�� (a) Except as specified in a permit, any vehicle, combination of vehicles, load, article, property, machine or thing for which the permit is issued to be operated or moved contrary to any provisions of the vehicle code.

�� (b) Any movement or operation of a vehicle, combination of vehicles, load, article, property, machine or thing until a permit is issued.

�� (6) The road authority may appoint any of its officers, employees or agents to be present at and during the movement. The presence of any person so appointed and any interference or suggestion made by that person shall not be considered supervision of the movement and shall not relieve the permit holder, or the permit holder�s insurers or sureties, from liability for any damage done by the movement. If, in the opinion of the person appointed to be present at and during the movement, any of the terms and conditions of the permit are not being complied with, that person may order the movement to be stopped.

�� (7) Any permit may be canceled at any time by the road authority upon proof satisfactory to it that:

�� (a) The permit holder has violated any of the terms of the permit;

�� (b) The permit was obtained through misrepresentation in the application therefor; or

�� (c) The public interest requires cancellation.

�� (8) A road authority may establish a program for issuance of permits that is not subject to any requirements, conditions or procedures described under this section. A program established under this subsection shall be established by rule or resolution, as appropriate. A program established under this subsection may include any of the following:

�� (a) Provisions and requirements that differ from those otherwise required under this section.

�� (b) Authority that is not subject to the limitations under ORS 818.210.

�� (c) Any provisions or requirements the road authority determines may simplify or expedite the process of issuing permits.

�� (d) Exclusions from the prohibitions and penalties under ORS 818.350 if the person or vehicle complies with the conditions of the permit and the program.

�� (e) Applicability of the penalties provided under ORS 818.340, 818.350 and 818.410 for violation of the program.

�� (9) Notwithstanding any other provision of this section, if a road authority other than the state issues a variance permit for a divisible load with a combined weight of more than 80,000 pounds, the variance permit shall be a one-year permit that is valid for continuous operation.

�� (10) The Department of Transportation may adopt rules to establish uniform requirements and consistent mitigation strategies that a road authority must apply as conditions for operation of a truck tractor and semitrailer combination under an overlength variance permit issued under ORS 818.200. [1983 c.338 �537; 1985 c.16 �276; 1989 c.432 �1; 2003 c.185 �3]

�� 818.225 Road use assessment fee for single-trip nondivisible load permittee; rules. (1) As used in this section, �equivalent single-axle load� means the relationship between actual or requested weight and an 18,000 pound single-axle load as determined by the American Association of State Highway and Transportation Officials Road Tests reported at the Proceedings Conference of 1962.

�� (2)(a) In addition to any fee for a single-trip nondivisible load permit, a person who is issued the permit or who operates a vehicle in a manner that requires the permit is liable for payment of a road use assessment fee of ten and nine-tenths cents per equivalent single-axle load mile traveled.

�� (b) If the road use assessment fee is not collected at the time of issuance of the permit, the department shall bill the permittee for the amount due. The account shall be considered delinquent if not paid within 60 days of billing.

�� (c) The miles of travel authorized by a single-trip nondivisible load permit shall be exempt from taxation under ORS chapter 825.

�� (3) The department may adopt rules:

�� (a) To standardize the determination of equivalent single-axle load computation based on average highway conditions; and

�� (b) To establish procedures for payment, collection and enforcement of the fees and assessments established by this chapter. [1989 c.992 �15; 1991 c.497 �12; 1995 c.447 �4; 1995 c.733 �91; 2003 c.618 �3; 2009 c.865 �51; 2017 c.750 ��51,52; 2018 c.93 ��26,27]

�� Note: 818.225 is amended by Enrolled House Bill 3991 (2025 special session). As of the date of publication of the 2025 Edition of the Oregon Revised Statutes, Enrolled House Bill 3991 (2025 special session) is subject to potential referendum petitions that may be filed with the Secretary of State as provided in Article IV, section 1, of the Oregon Constitution. The full text of Enrolled House Bill 3991 (2025 special session) is set forth following 801.610.

�� 818.230 Sifting or leaking load permit; duration; fee. A sifting or leaking load permit is a vehicle permit that is issued as evidence of a grant of authority to operate a vehicle loaded or constructed in a manner that, without the permit, would violate ORS 818.300. Each road authority shall grant permits for its own highways. Permits issued under this section shall comply with all of the following:

�� (1) Permits shall be in writing.

�� (2) Permits shall be issued only for the following:

�� (a) Vehicles transporting food processing plant by-products to be used for livestock feed or fertilizer from which there is fluid leakage.

�� (b) Vehicles transporting agricultural products from which there is fluid leakage, while the vehicles are en route from the place of harvest to a place where the products will be processed, stored or sold.

�� (3) Permits shall be issued for a maximum period of one year.

�� (4) Permits are revocable if the issuing road authority finds that the amount or character of the fluid leakage is such that it constitutes a danger to other vehicles.

�� (5) The fee for issuance of a sifting or leaking load permit is as provided under ORS 818.270.

�� (6) No fee shall be charged for issuance of a permit to the federal government, agencies of the State of Oregon, counties or cities. [1983 c.338 �538; 1985 c.179 �1]

�� 818.235 Permit for wide load of hay bales. Notwithstanding ORS 818.210, a granting authority may issue a permit under ORS

ORS 819.120

819.120:

�� (1) Is liable for all costs and expenses incurred in the towing, preservation and custody of the vehicle and its contents except that:

�� (a) The owner, a person entitled to the vehicle or any person with an interest recorded on the title is not liable for nor shall be required to pay storage charges for a period in excess of 20 days unless the person has received a written notice under ORS 819.160. In no case shall a person be required to pay storage charges for a storage period in excess of 60 days.

�� (b) A security interest holder is not liable under this subsection unless the security interest holder reclaims the vehicle.

�� (2) May reclaim the vehicle at any time after it is taken into custody and before the vehicle is sold or disposed of under ORS 819.210 or 819.215 upon presentation to the authority holding the vehicle of satisfactory proof of ownership or right to possession and upon payment of costs and expenses for which the person is liable under this section.

�� (3) If the vehicle is taken into custody under ORS 819.110 or 819.120, has a right to request and have a hearing under ORS 819.190 or under procedures established under ORS 801.040, as appropriate.

�� (4) If the vehicle is sold or disposed of under ORS 819.210 or 819.215, has no further right, title or claim to or interest in the vehicle or the contents of the vehicle.

�� (5) If the vehicle is sold or disposed of under ORS 819.210, has a right to claim the balance of the proceeds from the sale or disposition as provided under ORS

ORS 819.190

819.190. The 48-hour period under this subsection does not include holidays, Saturdays or Sundays.

�� (2) Any notice given under this section after a vehicle is taken into custody and towed shall state all of the following:

�� (a) That the vehicle has been taken into custody and towed, the identity of the appropriate authority that took the vehicle into custody and towed the vehicle and the statute, ordinance or rule under which the vehicle has been taken into custody and towed.

�� (b) The location of the vehicle or the telephone number and address of the appropriate authority that will provide the information.

�� (c) That the vehicle is subject to towing and storage charges, the amount of charges that have accrued to the date of the notice and the daily storage charges.

�� (d) That the vehicle and its contents are subject to a lien for payment of the towing and storage charges and that the vehicle and its contents will be sold to cover the charges if the charges are not paid by a date specified by the appropriate authority.

�� (e) That the owner, possessor or person having an interest in the vehicle and its contents is entitled to a prompt hearing to contest the validity of taking the vehicle into custody and towing it and to contest the reasonableness of the charges for towing and storage if a hearing is timely requested.

�� (f) The time within which a hearing must be requested and the method for requesting a hearing.

�� (g) That the vehicle and its contents may be immediately reclaimed by presentation to the appropriate authority of satisfactory proof of ownership or right to possession and either payment of the towing and storage charges or the deposit of cash security or a bond equal to the charges with the appropriate authority. [1983 c.338 �424; 1985 c.316 �4; 1993 c.385 �8; 1995 c.758 �14; 2009 c.371 �12]

�� 819.185 Procedure for vehicles that have no identification markings. If there is no vehicle identification number on a vehicle and there are no registration plates and no other markings through which the Department of Transportation could identify the owner of the vehicle, then an authority otherwise required to provide notice under ORS 819.170 or 819.180 is not required to provide such notice and the vehicle may be towed and disposed of as though notice and an opportunity for a hearing had been given. [1995 c.758 �22; 2009 c.371 �13]

�� 819.190 Hearing to contest validity of custody and towing. A person provided notice under ORS

ORS 82.010

82.010 for judgments for the payment of money, or the rate provided in the security if the security is an interest-bearing obligation;

�� (b) Damages in the amount that would be recoverable upon a tender, plus any amount received on the security, less the consideration paid for the security; or

�� (c) If the purchaser no longer owns the security, damages equal to the value of the security when the purchaser disposed of it plus interest on such value at the rate of interest specified in ORS 82.010 for judgments for the payment of money from the date of disposition, less the consideration paid for the security.

�� (3) Every person who directly or indirectly controls a purchaser liable under subsection (1) of this section, every partner, limited liability company manager, including a member who is a manager, officer or director of such purchaser, every person occupying a similar status or performing similar functions, and every person who participates or materially aids in the purchase is also liable jointly and severally with and to the same extent as the purchaser, unless the nonpurchaser sustains the burden of proof that the nonpurchaser did not know, and, in the exercise of reasonable care, could not have known, of the existence of facts on which the liability is based. Any person held liable under this section shall be entitled to contribution from those jointly and severally liable with the person.

�� (4) Notwithstanding the provisions of subsection (3) of this section, a person whose sole function in connection with the purchase of a security is to provide ministerial functions of escrow, custody or deposit services in accordance with applicable law is liable only if the person participates or materially aids in the purchase and the seller sustains the burden of proof that the person knew of the existence of facts on which liability is based or that the person�s failure to know of the existence of such facts was the result of the person�s recklessness or gross negligence.

�� (5) Any tender specified in this section may be made at any time before entry of judgment.

�� (6) Except as otherwise provided in this subsection, no action or suit may be commenced under this section more than three years after the purchase. An action under this section for a violation of subsection (1)(b) of this section or ORS 59.135 may be commenced within three years after the purchase or two years after the person bringing the action discovered or should have discovered the facts on which the action is based, whichever is later. Failure to commence an action on a timely basis is an affirmative defense.

�� (7) Any person having a right of action against a broker-dealer, state investment adviser or against a salesperson or investment adviser representative acting within the course and scope or apparent course and scope of the authority of the salesperson or investment adviser representative, under this section shall have a right of action under the bond or irrevocable letter of credit provided in ORS 59.175.

�� (8) Subsection (4) of this section shall not limit the liability of any persons:

�� (a) For conduct other than in the circumstances described in subsection (4) of this section; or

�� (b) Under any other law, including any other provisions of the Oregon Securities Law.

�� (9) Except as provided in subsection (10) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.

�� (10) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (9) of this section if the action under this section is maintained as a class action pursuant to ORCP 32. [1975 c.300 �2; 1985 c.349 �14a; 1987 c.158 �11; 1987 c.603 �7; 1991 c.762 �2; 1993 c.508 �29; 1995 c.93 �28; 1995 c.696 �10; 1997 c.772 �11; 2003 c.576 �319; 2003 c.631 �2; 2003 c.786 �2]

�� 59.130 [Amended by 1953 c.549 �138; repealed by 1967 c.537 �36]

�� 59.131 Effect of notice of intent to return unlawfully purchased security; contents of notice; registration of transaction. (1) Except as provided in subsection (3) of this section, no action or suit may be commenced under ORS 59.127 if the seller has received before suit a written notice of intent to return the security as outlined in subsection (2) of this section.

�� (2) The notice shall contain:

�� (a) An offer to tender the security and interest from the date of purchase, at a rate equal to the greater of the rate of interest specified in ORS 82.010 for judgments for the payment of money or the rate provided in the security if the security is an interest-bearing obligation, less the consideration paid for the security; and

�� (b) A statement of the effect on the seller�s rights of failure to respond as required in subsection (3) of this section.

�� (3) An action or suit under this section may be commenced after receipt of a notice as outlined in subsection (2) of this section:

�� (a) If the seller accepts the offer and gives notice of acceptance within three days after receipt of the offer and fails to receive the contents of such offer as specified in subsection (2)(a) of this section within one day from the date the notice of acceptance was sent; or

�� (b) If the seller elects to recover damages as specified in subsection (2)(b) of this section and gives notice of the election within 30 days after receipt of the offer.

�� (4) An offer to tender the security pursuant to this section involves the offer for sale of a security. The transaction must be registered under ORS 59.055 unless there is an exemption from the registration requirement or a notice is filed under ORS

ORS 82.170

82.170, relating to interest and usury.

�� (b) In gambling activity in violation of federal law or in the business of lending money at a rate usurious under federal or state law.

�� (8) Notwithstanding contrary provisions in ORS 174.060, when this section references a statute in the Oregon Revised Statutes that is substantially different in the nature of its essential provisions from what the statute was when this section was enacted, the reference shall extend to and include amendments to the statute. [1981 c.769 �2; 1983 c.338 �898; 1983 c.715 �1; 1985 c.176 �5; 1985 c.557 �8; 1987 c.158 �31; 1987 c.249 �7; 1987 c.789 �20; 1987 c.907 �12; 1989 c.384 �2; 1989 c.839 �27; 1989 c.846 �13; 1989 c.982 �6; 1991 c.398 �3; 1991 c.962 �6; 1993 c.95 �13; 1993 c.215 �1; 1993 c.508 �45; 1993 c.680 �29; 1995 c.301 �35; 1995 c.440 �13; 1995 c.768 �10; 1997 c.631 �420; 1997 c.789 �1; 1997 c.867 �23; 1999 c.722 �8; 1999 c.878 �4; 2001 c.146 �1; 2001 c.147 �3; 2003 c.111 �1; 2003 c.484 �8; 2003 c.801 �15; 2003 c.804 �66; 2007 c.498 �3; 2007 c.585 �26; 2007 c.811 �7; 2007 c.869 �7; 2009 c.717 �25; 2011 c.597 �166; 2011 c.681 �6; 2013 c.584 �27; 2013 c.688 �23; 2017 c.21 �46; 2017 c.235 �21; 2019 c.553 �15]

�� 166.720 Racketeering activity unlawful; penalties. (1) It is unlawful for any person who has knowingly received any proceeds derived, directly or indirectly, from a pattern of racketeering activity or through the collection of an unlawful debt to use or invest, whether directly or indirectly, any part of such proceeds, or the proceeds derived from the investment or use thereof, in the acquisition of any title to, or any right, interest or equity in, real property or in the establishment or operation of any enterprise.

�� (2) It is unlawful for any person, through a pattern of racketeering activity or through the collection of an unlawful debt, to acquire or maintain, directly or indirectly, any interest in or control of any real property or enterprise.

�� (3) It is unlawful for any person employed by, or associated with, any enterprise to conduct or participate, directly or indirectly, in such enterprise through a pattern of racketeering activity or the collection of an unlawful debt.

�� (4) It is unlawful for any person to conspire or endeavor to violate any of the provisions of subsections (1), (2) or (3) of this section.

�� (5)(a) Any person convicted of engaging in activity in violation of the provisions of subsections (1) to (4) of this section is guilty of a Class A felony.

�� (b) In lieu of a fine otherwise authorized by law, any person convicted of engaging in conduct in violation of the provisions of subsections (1) to (4) of this section, through which the person derived a pecuniary value, or by which the person caused personal injury or property damage or other loss, may be sentenced to pay a fine that does not exceed three times the gross value gained or three times the gross loss caused, whichever is greater, plus court costs and the costs of investigation and prosecution, reasonably incurred.

�� (c) The court shall hold a hearing to determine the amount of the fine authorized by paragraph (b) of this subsection.

�� (d) For the purposes of paragraph (b) of this subsection, �pecuniary value� means:

�� (A) Anything of value in the form of money, a negotiable instrument, a commercial interest or anything else the primary significance of which is economic advantage; or

�� (B) Any other property or service that has a value in excess of $100.

�� (6) An allegation of a pattern of racketeering activity is sufficient if it contains substantially the following:

�� (a) A statement of the acts constituting each incident of racketeering activity in ordinary and concise language, and in a manner that enables a person of common understanding to know what is intended;

�� (b) A statement of the relation to each incident of racketeering activity that the conduct was committed on or about a designated date, or during a designated period of time;

�� (c) A statement, in the language of ORS 166.715 (4) or other ordinary and concise language, designating which distinguishing characteristic or characteristics interrelate the incidents of racketeering activity; and

�� (d) A statement that the incidents alleged were not isolated. [1981 c.769 ��3,4; 1997 c.789 �2]

�� 166.725 Remedies for violation of ORS 166.720; time limitation. (1) Any circuit court may, after making due provision for the rights of innocent persons, enjoin violations of the provisions of ORS 166.720 (1) to (4) by issuing appropriate orders and judgments, including, but not limited to:

�� (a) Ordering a divestiture by the defendant of any interest in any enterprise, including real property.

�� (b) Imposing reasonable restrictions upon the future activities or investments of any defendant, including, but not limited to, prohibiting any defendant from engaging in the same type of endeavor as the enterprise in which the defendant was engaged in violation of the provisions of ORS 166.720 (1) to (4).

�� (c) Ordering the dissolution or reorganization of any enterprise.

�� (d) Ordering the suspension or revocation of a license, permit or prior approval granted to any enterprise by any agency of the state.

�� (e) Ordering the forfeiture of the charter of a corporation organized under the laws of this state, or the revocation of a certificate of authority authorizing a foreign corporation to conduct business within this state, upon finding that the board of directors or a managerial agent acting on behalf of the corporation, in conducting the affairs of the corporation, has authorized or engaged in conduct in violation of ORS 166.720 (1) to (4) and that, for the prevention of future criminal activity, the public interest requires the charter of the corporation forfeited and the corporation dissolved or the certificate of authority revoked.

�� (2) All property, real or personal, including money, used in the course of, derived from or realized through conduct in violation of a provision of ORS 166.715 to 166.735 is subject to civil forfeiture to the state. The state shall dispose of all forfeited property as soon as commercially feasible. If property is not exercisable or transferable for value by the state, it shall expire. All forfeitures or dispositions under this section shall be made with due provision for the rights of innocent persons. Forfeited property shall be distributed as follows:

�� (a)(A) All moneys and the clear proceeds of all other property forfeited shall be deposited with the State Treasurer to the credit of the Common School Fund.

�� (B) For purposes of subparagraph (A) of this paragraph, �clear proceeds� means proceeds of forfeited property less costs of maintaining and preserving property pending its sale or other disposition, less costs of sale or disposition and, if the Department of Justice has not otherwise recovered its costs and expenses of the investigation and prosecution leading to the forfeiture, less 30 percent of the remaining proceeds of the property which is awarded to the department as reasonable reimbursement for costs of such investigation and prosecution.

�� (b) Any amounts awarded to the Department of Justice pursuant to paragraph (a) of this subsection shall be deposited in the Criminal Justice Revolving Account in the State Treasury.

�� (3) Property subject to forfeiture under this section may be seized by a police officer, as defined in ORS 133.525, upon court process. Seizure without process may be made if:

�� (a) The seizure is incident to a lawful arrest or search or an inspection under an administrative inspection warrant; or

�� (b) The property subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding based upon this section.

�� (4) In the event of a seizure under subsection (3) of this section, a forfeiture proceeding shall be instituted promptly. Property taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the police officer making the seizure, subject only to the order of the court. When property is seized under this section, pending forfeiture and final disposition, the police officer may:

�� (a) Place the property under seal;

�� (b) Remove the property to a place designated by the court; or

�� (c) Require another agency authorized by law to take custody of the property and remove it to an appropriate location.

�� (5) The Attorney General, any district attorney or any state agency having jurisdiction over conduct in violation of a provision of ORS 166.715 to 166.735 may institute civil proceedings under this section. In any action brought under this section, the circuit court shall give priority to the hearing and determination. Pending final determination, the circuit court may at any time enter such injunctions, prohibitions or restraining orders, or take such actions, including the acceptance of satisfactory performance bonds, as the court may deem proper. The Attorney General, district attorney or state agency bringing an action under this section may be awarded, upon entry of a judgment in favor of the state, costs of investigation and litigation, reasonably incurred. Amounts recovered may include costs and expenses of state and local governmental departments and agencies incurred in connection with the investigation or litigation.

�� (6)(a) Any aggrieved person may institute a proceeding under subsection (1) of this section:

�� (A) If the proceeding is based upon racketeering activity for which a criminal conviction has been obtained, any rights of appeal have expired and the action is against the individual convicted of the racketeering activity; or

�� (B) If the person is entitled to pursue a cause of action under subsection (7)(a)(B) of this section.

�� (b) In such proceeding, relief shall be granted in conformity with the principles that govern the granting of injunctive relief from threatened loss or damage in other civil cases, except that no showing of special or irreparable damage to the person shall have to be made. Upon the execution of proper bond against damages for an injunction improvidently granted and a showing of immediate danger of significant loss or damage, a temporary restraining order and a preliminary injunction may be issued in any such action before a final determination on the merits.

�� (7)(a) Any person who is injured by reason of any violation of the provisions of ORS 166.720 (1) to (4) shall have a cause of action for three-fold the actual damages sustained and, when appropriate, punitive damages:

�� (A) If a criminal conviction for the racketeering activity that is the basis of the violation has been obtained, any rights of appeal have expired and the action is against the individual convicted of the racketeering activity; or

�� (B) If the violation is based on racketeering activity as defined in ORS 166.715 (6)(a)(B) to (J), (K) as it relates to burglary and criminal trespass, (L) to (P), (S), (T), (U), (V), (X) to (Z), (AA) to (EE), (LL), (MM) or (PP) to (WW).

�� (b) The defendant or any injured person may demand a trial by jury in any civil action brought pursuant to this subsection.

�� (c) Any injured person shall have a right or claim to forfeited property or to the proceeds derived therefrom superior to any right or claim the state has in the same property or proceeds.

�� (8) An investigative agency may bring an action for civil penalties for any violation of ORS 166.720 (1) to (4). Upon proof of any such violation, the court shall impose a civil penalty of not more than $250,000.

�� (9) A judgment rendered in favor of the state in any criminal proceeding under ORS 166.715 to

ORS 821.176

821.176, unless a person is operating a Class IV all-terrain vehicle on an all-terrain vehicle highway access route that is designated by the commission as open to all-terrain vehicles.

�� (10) A person without a license or driver permit may operate a golf cart in accordance with an ordinance adopted under ORS 810.070.

�� (11) The spouse of a member of the Armed Forces of the United States on active duty or the spouse of a member of the commissioned corps of the National Oceanic and Atmospheric Administration who is accompanying the member on assignment in this state may operate a motor vehicle if the spouse has a current out-of-state license or driver permit issued to the spouse by another state in the spouse�s possession.

�� (12) A person who is a member of the Armed Forces of the United States on active duty or a member of the commissioned corps of the National Oceanic and Atmospheric Administration may operate a motor vehicle if the person has a current out-of-state license or driver permit in the person�s possession that is issued to the person by the person�s state of domicile or by the Armed Forces of the United States in a foreign country. Driving privileges described under this subsection that are granted by the Armed Forces apply only for a period of 45 days from the time the person returns to the United States.

�� (13) A person who does not hold a motorcycle endorsement may operate a motorcycle if the person is:

�� (a) Within an enclosed cab;

�� (b) Operating a vehicle designed to travel with three wheels in contact with the ground at speeds of less than 15 miles per hour; or

�� (c) Operating an autocycle.

�� (14) Except as provided in subsection (15) of this section, a person may operate a bicycle without any grant of driving privileges.

�� (15) A person may operate the following without any grant of driving privileges if the person is 16 years of age or older:

�� (a) A Class 1 electric assisted bicycle;

�� (b) A Class 2 electric assisted bicycle; or

�� (c) A Class 3 electric assisted bicycle.

�� (16) A person may operate a motor assisted scooter without a driver license or driver permit if the person is 16 years of age or older.

�� (17) A person who is not a resident of this state or who has been a resident of this state for less than 30 days may operate a motor vehicle without an Oregon license or driver permit if the person is at least 15 years of age and has in the person�s possession a current out-of-state equivalent of a Class C instruction driver permit issued to the person. For the purpose of this subsection, a person is a resident of this state if the person meets the residency requirements described in ORS 807.062. A person operating a motor vehicle under authority of this subsection has the same privileges and is subject to the same restrictions as a person operating under the authority of a Class C instruction driver permit issued as provided in ORS 807.280.

�� (18) A person may operate an electric personal assistive mobility device without any grant of driving privileges if the person is 16 years of age or older. [1983 c.338 �300; 1985 c.16; 123; 1985 c.608 �13; 1987 c.217 �5; 1993 c.83 �1; 1995 c.774 �14; 1997 c.400 �6; 2001 c.749 �21; 2003 c.14 �468; 2003 c.341 �6; 2007 c.845 �3; 2009 c.395 �6; 2011 c.360 �16; 2017 c.296 �4; 2017 c.453 �9; 2018 c.76 �36; 2024 c.12 �3]

ESTABLISHMENT OF IDENTITY

�� 807.021 Proof of Social Security number; rules. (1) Before issuing, renewing or replacing a driver license, driver permit or identification card, the Department of Transportation shall require a person to provide the Social Security number assigned to the person by the United States Social Security Administration or a written statement that the person has not been assigned a Social Security number.

�� (2) The department may issue, renew or replace a driver license, driver permit or identification card for an applicant who has submitted a Social Security number only after the department verifies the Social Security number with the United States Social Security Administration. In order to verify the person�s Social Security number, the department may require the person to provide proof, as defined by rule, of the person�s Social Security number.

�� (3) This section does not apply if the department previously verified the Social Security number as required by subsection (2) of this section.

�� (4) As used in this section, a �driver license,� �driver permit� or �identification card� means a driver license, driver permit or identification card that is not a:

�� (a) Real ID;

�� (b) Commercial driver license; or

�� (c) Commercial learner driver permit. [2008 c.1 �2; 2011 c.282 �1; 2017 c.568 �11; 2019 c.701 ��1,2]

�� 807.022 Verification of identity source documents. (1) Before issuing, renewing or replacing a driver license, driver permit or identification card, the Department of Transportation may verify with the issuing agency the validity and completeness of each identity source document presented by the applicant.

�� (2) The department may require a person who holds a driver license, driver permit or identification card issued by this state who previously presented an identity source document that was not retained by the department as a digital image to present an identity source document for the purpose of capturing and retaining a digital copy of the identity source document. This subsection applies only to a person who elects to hold a Real ID. [2008 c.1 �7; 2017 c.568 �12]

�� 807.024 Collection of biometric data; establishment of person�s identity; rules; immunity. (1) A person who applies for issuance, renewal or replacement of a driver license, driver permit or identification card shall submit to collection of biometric data by the Department of Transportation for the purpose of establishing the person�s identity. Submitting to collection of biometric data under this section does not excuse a person from responsibility for complying with requirements for proof of identity, date of birth or address pursuant to ORS

ORS 821.200

821.200.

�� (3) The person is on an all-terrain vehicle highway access route that is designated by the Oregon Transportation Commission as open to all-terrain vehicles. [1995 c.775 �8; 2011 c.360 �21; 2017 c.453 �4]

(Title for Snowmobiles)

�� 821.060 Issuance; application; rules; fees. (1) The Department of Transportation shall provide for the issuance of titles for snowmobiles required to be titled under ORS 821.070. The following provisions relating to titling shall be the same for snowmobiles as for other vehicles:

�� (a) Fee for issuance.

�� (b) Provisions relating to transfer, including security interests and other types of transfer, fees for transfer, time limits for transfer and responsibility for making transfer and submitting documents.

�� (c) Information required to be placed on a title, except where the department determines such information would be inappropriate.

�� (d) Party to whom title is issued upon original issuance or transfer.

�� (e) Validity times and requirements.

�� (f) Provisions contained in ORS 819.010 to 819.040.

�� (g) Any provisions relating to title that are applicable to other vehicles under the vehicle code and that the department determines, by rule, to be necessary to assure that the titling of snowmobiles is administered in the same manner and has the same effect as the titling of other vehicles.

�� (h) Provisions relating to salvage titles.

�� (2) Application for issuance of title for a snowmobile shall be made in the manner and in a form prescribed by the department. The department may require any information in the application the department determines is reasonably necessary to determine ownership or right to title for a snowmobile. The department may provide for application for title separately from or with application for snowmobile registration or in any way the department determines appropriate.

�� (3) Dealers issued certificates under ORS 822.020 who sell snowmobiles shall accept application and fees for title of a snowmobile from each purchaser of a new or used snowmobile in a manner required by the department. [1985 c.16 �344; 1985 c.459 �5; 1987 c.261 �3; 1989 c.991 �6; 1991 c.873 �43; 1993 c.233 �69; 1993 c.751 �79; 1995 c.774 �15; 1997 c.249 �236; 1999 c.977 �26]

�� 821.070 Failure to title; exemptions; penalty. (1) A person commits the offense of failure to title a snowmobile if the person is the owner of a snowmobile that is in this state or is operating a snowmobile at any place in this state and the snowmobile has not been issued a title as provided under ORS 821.060.

�� (2) The requirement to title a snowmobile under this section does not apply if the snowmobile is any of the following:

�� (a) Owned and operated by the United States, another state or political subdivision thereof.

�� (b) Owned and operated by this state or by any city, district or political subdivision thereof.

�� (c) Exempted from registration requirements by ORS 821.090.

�� (d) A new snowmobile that is in the possession of a dealer for purposes of sale or display.

�� (3) The offense described in this section, failure to title a snowmobile, is a Class D traffic violation. [1985 c.16 �346; 1985 c.459 �6; 1989 c.991 �7; 1995 c.383 �105; 1995 c.774 �16; 1999 c.977 �27]

(Registration for Snowmobiles)

�� 821.080 Issuance; qualifications; duration; certificate; rules. (1) The Department of Transportation shall issue snowmobile registration to a qualified owner. To qualify for issuance of registration under this section:

�� (a) The owner must complete the application in the manner and in a form the department prescribes.

�� (b) The application shall state the name and address of each owner of the snowmobile to be registered.

�� (c) The application shall contain proof of title.

�� (d) The fee established under ORS 821.320 for registration of a snowmobile must be paid.

�� (2) Dealers issued certificates under ORS 822.020 who sell snowmobiles shall accept application and fees for registration from each purchaser of a new or used snowmobile that is required to be registered in this state. The department shall adopt rules for the implementation of this subsection.

�� (3) The department shall not issue any registration for a snowmobile unless the snowmobile has been issued a title in compliance with ORS 821.060 and 821.070.

�� (4) Snowmobile registration and renewal of registration are valid for a period of two years after which time the registration expires.

�� (5) Upon qualification for registration, the department shall do the following:

�� (a) Register the snowmobile.

�� (b) Assign a registration number to the snowmobile. The registration number assigned at the time of original registration shall remain with that vehicle until the vehicle is destroyed, abandoned or permanently removed from this state, or until changed or terminated by the department.

�� (c) Issue and deliver to the registered owner a certificate of registration in a form to be determined by the department.

�� (d) At the time of original registration and at the time of each subsequent renewal thereof, issue to the registrant a date tag or tags indicating the validity of the current registration and the expiration date thereof.

�� (6) A snowmobile registration is not valid unless a validating tag and current registration certificate have been issued.

�� (7) The department shall provide procedures necessary for renewal of snowmobile registration consistent with this section and ORS 821.110 and 821.320.

�� (8) The department may adopt rules specifying additional requirements and procedures for registration of snowmobiles. Requirements and procedures adopted under this subsection shall be designed to assure that except as otherwise provided in this chapter, the registration of snowmobiles is administered in the same manner and has the same effect as the registration of vehicles under ORS chapter 803. [1983 c.338 �716; 1985 c.16 �348; 1985 c.459 �9; 1987 c.217 �9; 1987 c.261 �12; 1989 c.991 �8; 1993 c.751 �80; 1995 c.774 �17; 1999 c.977 �28]

�� 821.090 Exemptions from snowmobile registration requirements. This section establishes exemptions from the requirements to register snowmobiles under ORS 821.100. The following are exempt from the registration requirements, either partially or completely as described:

�� (1) A snowmobile owned and operated by the United States, another state or a political subdivision thereof.

�� (2) A snowmobile owned and operated by this state or by any city, district or political subdivision thereof.

�� (3) A snowmobile owned by a resident of another state if registered in accordance with the laws of the state in which its owner resides. The exemption granted under this subsection:

�� (a) Is only granted to the extent that a similar exemption or privilege is granted under the laws of the other state for snowmobiles registered in this state.

�� (b) Is only granted for a period of up to 60 consecutive days. Any snowmobile that does not qualify for the exemption under this subsection because of this paragraph is subject to registration.

�� (4) A snowmobile operated under an out-of-state permit issued under ORS 821.130.

�� (5) A snowmobile operated under dealer plates as described in ORS 822.040.

�� (6) A snowmobile used exclusively in farming, agricultural or forestry operations or used by persons licensed under ORS chapter 571 exclusively for nursery or Christmas tree growing operations. [1983 c.338 �715; 1985 c.16 �347; 1985 c.459 �8; 1987 c.254 �4; 1987 c.261 �4; 1987 c.387 �2; 1989 c.991 �9; 1995 c.774 �18; 1999 c.977 �29]

�� 821.100 Operation of unregistered snowmobile; penalty. (1) A person commits the offense of operation of an unregistered snowmobile if the person operates a snowmobile that is not registered under ORS 821.080.

�� (2) Exemptions from this section are established under ORS 821.090.

�� (3) The offense described in this section, operation of an unregistered snowmobile, is a Class D traffic violation. [1983 c.338 �714; 1985 c.459 �7; 1989 c.991 �10; 1995 c.383 �106; 1995 c.774 �19; 1999 c.977 �30]

�� 821.110 Failure to renew snowmobile registration; penalty. (1) A person commits the offense of failure to renew snowmobile registration if the person is the owner of a snowmobile in this state and the person does not renew registration for the snowmobile in the manner the Department of Transportation prescribes when the registration expires as provided under ORS 821.080 and pay the required fee for renewal of registration established under ORS 821.320.

�� (2) The offense described in this section, failure to renew snowmobile registration, is a Class D traffic violation. [1983 c.338 �717; 1985 c.459 �10; 1989 c.991 �29; 1995 c.383 �107; 1995 c.774 �20; 1999 c.977 �31]

�� 821.120 Failure to properly display snowmobile registration numbers; penalty. (1) A person commits the offense of failure to properly display snowmobile registration numbers if the person is the owner or operator of a snowmobile and the registration numbers issued by the Department of Transportation for the vehicle are not displayed on the vehicle or are displayed in a manner that violates any of the following:

�� (a) The registration numbers must be permanently affixed.

�� (b) The registration numbers must be displayed in a clearly visible manner.

�� (c) The registration number must be displayed upon the snowmobile in a manner prescribed by the department.

�� (d) The numbers displayed shall be in the form of painted numbers or decals and shall be of contrasting color with the surface on which they are applied.

�� (e) The registration numbers shall be maintained in a legible condition.

�� (f) Any validating date tag or tags issued by the department under ORS 821.080 shall be affixed in the manner prescribed by the department.

�� (2) The offense described in this section, failure to properly display snowmobile registration numbers, is a Class D traffic violation. [1983 c.338 �719; 1985 c.16 �349; 1985 c.459 �12; 1989 c.991 �11; 1995 c.383 �108; 1995 c.774 �21; 1999 c.977 �32]

�� 821.125 [1991 c.481 �2; 1993 c.741 �139; repealed by 1999 c.977 �38]

(Permits)

�� 821.130 Out-of-state snowmobile permit; qualifications; duration; application; fees. (1) An out-of-state snowmobile permit is a vehicle permit that is issued as evidence of a grant of authority to operate in this state a snowmobile that is:

�� (a) Owned by a resident of another state;

�� (b) Not registered in this state or in the other state; and

�� (c) Exempt from registration under ORS 821.090.

�� (2) The Department of Transportation shall establish a program for the issuance of out-of-state snowmobile permits under this section. The program established by the department shall comply with all of the following:

�� (a) A permit may only be issued for snowmobiles owned by the resident of another state where registration is not required by law.

�� (b) A permit is valid for not more than 60 days.

�� (c) Application for a permit shall state the name and address of each owner.

�� (d) The fees for issuance of the permit are as provided under ORS 821.320. [1983 c.338 �720; 1985 c.459 �24; 1989 c.991 �30; 1993 c.751 �82; 1995 c.774 �22; 1999 c.977 �33]

�� 821.140 Failure to carry out-of-state snowmobile permit; penalty. (1) A person commits the offense of failure to carry an out-of-state snowmobile permit if an out-of-state permit is issued for the vehicle under ORS 821.130 and the permit is not carried on the snowmobile at all times during operation of the snowmobile in this state.

�� (2) The offense described in this section, failure to carry an out-of-state snowmobile permit, is a Class D traffic violation. [1983 c.338 �721; 1985 c.459 �25; 1989 c.991 �31; 1995 c.383 �109; 1999 c.977 �34]

�� 821.142 Failure to carry out-of-state all-terrain vehicle permit; penalty. (1) A person commits the offense of failure to carry an out-of-state all-terrain vehicle permit if an out-of-state permit is issued for the vehicle under ORS 390.590 and the permit is not carried on the all-terrain vehicle at all times during operation of the all-terrain vehicle in this state.

�� (2) The offense described in this section, failure to carry an out-of-state all-terrain vehicle permit, is a Class D traffic violation. [1999 c.977 �12]

�� 821.145 [Formerly 821.185; repealed by 1999 c.977 �38]

(Driving Privileges)

�� 821.150 Operation of snowmobile without driving privileges; civil liability; penalty. (1) A person commits the offense of operation of a snowmobile without driving privileges if the person operates a snowmobile without one of the following having been issued to the person and on the person at the time the person is operating the snowmobile:

�� (a) A driver license.

�� (b) A snowmobile operator permit issued under ORS 821.160.

�� (2) This section does not apply to a person who is operating a snowmobile while taking a course from an instructor to obtain a snowmobile operator�s permit under ORS 821.160.

�� (3) In addition to other penalties provided by this section, the operator or owner of a snowmobile may be liable as provided under ORS 821.310.

�� (4) The offense described in this section, operation of snowmobile without driving privileges, is a Class D traffic violation. [1983 c.338 �722; 1985 c.16 �350; 1985 c.393 �41; 1995 c.383 �32]

�� 821.160 Snowmobile operator permit; issuance; rules for safety education course. (1) A snowmobile operator permit authorizes a person who does not have a driver license to operate a snowmobile without violation of ORS 821.150.

�� (2) The Department of Transportation shall issue or provide for issuance of a snowmobile operator permit to any person who has taken a snowmobile safety education course established under this section and has been found qualified to operate a snowmobile.

�� (3) The department shall adopt rules to provide for snowmobile safety education courses and the issuance of snowmobile operator permits consistent with this section. The rules adopted by the department shall be consistent with the following:

�� (a) The course must be one given by an instructor designated by the department as qualified to conduct such a course and issue such a permit.

�� (b) The rules shall provide for the designation of instructors and issuance of permits.

�� (c) The department may provide by rule for instructors to be provided and permits issued through public or private local and state organizations meeting qualifications established by the department. Organizations designated by the department may include organizations such as the Oregon State Snowmobile Association.

�� (4) Persons who are operating a snowmobile while taking a course from an instructor are exempt from ORS 821.150 as provided in that section. [1983 c.338 �723; 1985 c.16 �351]

�� 821.165 Land funded for all-terrain vehicle use from All-Terrain Vehicle Account. As used in ORS 821.170, 821.172,

ORS 822.030

822.030.

�� (m) A person commits the offense of acting as a vehicle dealer while under revocation, cancellation or suspension if the person conducts business as a vehicle dealer in this state and the person�s vehicle dealer certificate is revoked, canceled or suspended, regardless of whether the person is licensed as a vehicle dealer in another jurisdiction. This paragraph does not apply if the person has other current, valid dealer certificates issued in this state.

�� (n) A vehicle dealer commits the offense of improper display of a vehicle for advertising purposes if the dealer displays a vehicle at a location other than the dealer�s place of business for the purpose of advertising and the dealer does not comply with the provisions of ORS 822.040 (4).

�� (2) A dealer is not considered to have committed the offense described in subsection (1)(j)(A) of this section if the dealer fails to satisfy an interest in a vehicle or camper that arises from an inventory financing security interest for which the dealer is the debtor.

�� (3) A dealer is not considered to have committed the offense described in subsection (1)(k) of this section if the dealer demonstrates that:

�� (a) The dealer has made a good faith effort to comply; and

�� (b) The dealer�s inability to provide title is due to circumstances beyond the dealer�s control.

�� (4) The offenses described in this section are subject to the following penalties:

�� (a) The offense described in this section, failure to obtain a supplemental vehicle dealer certificate, is a Class A misdemeanor.

�� (b) The offense described in this section, failure to obtain a corrected vehicle dealer certificate, is a Class A misdemeanor.

�� (c) The offense described in this section, failure to maintain proper vehicle dealer records, is a Class A misdemeanor.

�� (d) The offense described in this section, failure to allow administrative inspection, is a Class A misdemeanor.

�� (e) The offense described in this section, failure to allow police inspection, is a Class A misdemeanor.

�� (f) The offense described in this section, illegal use of dealer vehicle for hire, is a Class B traffic violation.

�� (g) The offense described in this section, improper use of dealer plates or devices, is a Class D traffic violation.

�� (h) The offense described in this section, improper display of dealer plates, is a Class B traffic violation.

�� (i) The offense described in this section, failure to exhibit the dealer certificate, is a Class A misdemeanor.

�� (j) The offense described in this section, failure to provide clear title, is a Class A misdemeanor.

�� (k) The offense described in this section, failure to furnish certificate of title or application for title, is a Class A misdemeanor.

�� (L) The offense described in this section, failure to maintain bond or letter of credit coverage, is a Class A misdemeanor.

�� (m) The offense described in this section, acting as a vehicle dealer while under revocation, cancellation or suspension, is a Class A misdemeanor.

�� (n) The offense described in this section, improper display of a vehicle for advertising purposes, is a Class A misdemeanor. [1983 c.338 �797; 1985 c.16 �395; 1985 c.598 �8; 1987 c.261 �8; 1989 c.452 �3; 1991 c.873 �45; 1993 c.233 �72; 1993 c.741 �142; 1995 c.383 �114; 1997 c.469 �7; 1999 c.593 �4; 2001 c.682 �1; 2003 c.332 �1; 2003 c.655 �131; 2005 c.133 ��3,4; 2014 c.21 �1; 2023 c.400 �47; 2023 c.428 �4; 2025 c.415 �21]

�� 822.046 Vehicle dealer�s duty to inform potential buyer if vehicle used for manufacture of controlled substances. (1) As used in this section, �controlled substance� means a drug or its immediate precursor classified in Schedule I or II under the federal Controlled Substances Act, 21 U.S.C. 811 to 812, as modified under ORS 475.035.

�� (2) A vehicle dealer shall inform a potential buyer if the dealer has received written notice that the vehicle to be sold to the buyer was used in the unlawful manufacture of controlled substances prior to sale to the buyer. Disclosure shall be in writing and shall be made to the buyer and to any lender financing the purchase of the vehicle prior to completion of the sale. Unless the vehicle is found fit for use under ORS 453.885, the dealer shall also post a notice on the vehicle stating that the vehicle was used in the unlawful manufacture of controlled substances. [1995 c.788 �1; 2003 c.655 �132]

�� Note: 822.046 was enacted into law by the Legislative Assembly but was not added to or made a part of the Oregon Vehicle Code or any chapter or series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 822.047 Brokerage services. (1) As used in this section:

�� (a) �Brokerage services� means the arrangements or negotiations conducted by a motor vehicle broker for the purpose of obtaining a motor vehicle for a buyer or lessee from a seller or lessor through a method that does not include:

�� (A) Accepting the motor vehicle on consignment;

�� (B) If the motor vehicle broker has a franchise as defined in ORS 650.120, exchanging new motor vehicles with another motor vehicle dealer who has a franchise that is with the same franchisor as the motor vehicle broker; or

�� (C) Receiving a referral fee from another motor vehicle dealer for referring a buyer or lessee when the motor vehicle broker did not participate in the arrangement or negotiation for the sale or lease of the motor vehicle.

�� (b) �Motor vehicle broker� means a person who holds a valid, current vehicle dealer certificate issued under ORS 822.020 and who receives a fee for acting on behalf of a buyer or lessee to arrange or negotiate the purchase or sale of a motor vehicle between a buyer and a seller, or the lease of a motor vehicle between a lessee and a lessor.

�� (2) At the time of entering into an agreement to provide brokerage services, a motor vehicle broker shall provide the buyer or lessee with a written disclosure that includes:

�� (a) A description of the specific brokerage services to be provided by the motor vehicle broker;

�� (b) A description of the fees the motor vehicle broker will charge for the brokerage services and a description of any deposits that are required to be paid before the motor vehicle is delivered to the buyer or lessee;

�� (c) A description of how the motor vehicle broker will charge and collect the fees and deposits described in paragraph (b) of this subsection; and

�� (d) A statement of whether or not the motor vehicle broker is responsible for warranty service work on the motor vehicle.

�� (3) In addition to the written disclosure required under subsection (2) of this section, a motor vehicle broker shall provide a statement to the buyer or lessee if the motor vehicle broker adds a fee for brokerage services to the purchase price or capitalized cost of the motor vehicle and the fee was negotiated with the seller or lessor on behalf of the buyer or lessee. The statement required under this subsection must:

�� (a) Inform the buyer or lessee that fees for brokerage services have been added to the purchase price or capitalized cost;

�� (b) State that the fees for brokerage services will be paid to the motor vehicle broker by the seller or lessor; and

�� (c) Be clear and conspicuous in not less than 14-point bold type.

�� (4) A motor vehicle broker may not:

�� (a) Calculate any fee charged to the buyer or lessee as a percentage of the savings achieved by the motor vehicle broker for the buyer or lessee on the purchase or lease of the motor vehicle;

�� (b) Collect from both the buyer and seller or both the lessee and lessor a fee for brokerage services that are for the same transaction;

�� (c) Represent that the motor vehicle broker is providing a free service to the buyer or lessee, unless the motor vehicle broker has not received and will not receive any compensation from the transaction; or

�� (d) If the fee for the brokerage services will be paid out of the proceeds of the purchase or lease, make any representation that could cause a buyer or lessee to believe that the motor vehicle broker will be compensated by the seller or lessor for the transaction.

�� (5) When representing a buyer or lessee, a motor vehicle broker shall act only as an agent for the buyer or lessee.

�� (6) If a motor vehicle broker maintains a dealer inventory, the motor vehicle broker:

�� (a) Shall inform the buyer or lessee whether or not the broker is acting as a broker or dealer for the transaction; and

�� (b) May not do any of the following if the motor vehicle broker entered into an agreement to act as a broker on behalf of the buyer or lessee and later negotiated to sell or lease a motor vehicle from the broker�s dealer inventory to the buyer or lessee:

�� (A) Act as an agent for or represent the buyer or lessee;

�� (B) Charge the buyer or lessee a fee for brokerage services;

�� (C) Purchase or lease a motor vehicle on behalf of a buyer or lessee and then sell or lease that vehicle to the buyer or lessee as a motor vehicle dealer; or

�� (D) Sell a motor vehicle to a buyer or lease a motor vehicle to a lessee, unless the motor vehicle broker provides the buyer or lessee with a clear and conspicuous written disclosure that is signed by the buyer or lessee and that states the following:

�� (i) The motor vehicle broker is no longer acting as the agent for the buyer or lessee for the purposes of the sale or lease; and

�� (ii) The motor vehicle broker is acting as a motor vehicle dealer with whom the buyer or lessee is free to negotiate the purchase price or lease terms of the motor vehicle. [1993 c.464 �2; 2005 c.190 �1]

�� 822.048 Remedy for failure to submit title. If a vehicle dealer fails to comply with ORS 822.042 (1)(b) or (d) or 822.045 (1)(k), the retail customer of the subject vehicle may bring an individual action against the vehicle dealer in the appropriate court. The court may award reasonable attorney fees to a prevailing plaintiff who brings an action under this section if the court finds all of the following:

�� (1) A written demand was made on the defendant not less than 30 days before commencement of the action requesting compliance or other remedy.

�� (2) The defendant failed to comply or provide the remedy, including paying the plaintiff reasonable attorney fees and costs incurred by the plaintiff, within 30 days of the date of the written demand. [2019 c.543 �2]

�� Note: 822.048 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 822 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 822.050 Revocation, cancellation or suspension of certificate. (1) The Department of Transportation may revoke or suspend the right of a person to renew a vehicle dealer certificate or apply for a vehicle dealer certificate for a different vehicle dealer business or in a different business name, and may revoke, suspend or place on probation a vehicle dealer certificate if the department determines at any time for due cause that the dealer has done any of the following:

�� (a) Violated any grounds for revocation, suspension or probation adopted by the department by rule under ORS 822.035.

�� (b) Failed to comply with the requirements of the vehicle code with reference to notices or reports of the transfer of vehicles or campers.

�� (c) Caused or suffered or is permitting the unlawful use of any certificate or registration plates.

�� (d) Violated or caused or permitted to be violated ORS 815.410, 815.415, 815.425 or 815.430.

�� (e) Falsely certified under ORS 822.033 that the dealer is exempt from the requirement under ORS 822.020 to file a certificate of insurance.

�� (f) Continued to fail to provide clear title or repeatedly failed to provide clear title in violation of ORS 822.045.

�� (g) Knowingly certified false information required by the department on an application for a vehicle dealer certificate, supplemental certificate or corrected certificate.

�� (h) Failed to pay a civil penalty assessed under ORS 822.009 and the amount of penalty was not paid within 10 days after the order becomes final.

�� (i) Displayed dealer plates on vehicles unless the vehicle was offered for sale.

�� (2) The department shall cancel a vehicle dealer certificate 45 days after receipt of legal notice that the bond described under ORS 822.030 is canceled, unless the department receives proof from the vehicle dealer that the dealer has obtained another bond. Between the day that the department receives notice that the bond is canceled and the day the vehicle dealer presents proof of another bond, the vehicle dealer may not act as a vehicle dealer.

�� (3) The department shall cancel a vehicle dealer certificate 45 days after receipt of notice that the certificate of insurance required under ORS 822.033 is canceled, unless the department receives proof from the vehicle dealer that the dealer has obtained another certificate of insurance. Between the day that the department receives notice that the certificate of insurance is canceled and the day the vehicle dealer presents proof of another certificate of insurance, the vehicle dealer may not act as a vehicle dealer.

�� (4) The department shall cancel a vehicle dealer certificate immediately upon receipt of notice that zoning approval for the business has been revoked.

�� (5) Upon revocation, cancellation or suspension of a vehicle dealer certificate under this section, the department shall recall and demand the return of the certificate and any vehicle dealer plates issued.

�� (6) The department may suspend a vehicle dealer certificate if the department determines that the holder of the certificate is not a vehicle dealer under ORS

ORS 822.035

822.035 (3). [1983 c.338 �798; 1985 c.16 �396; 1985 c.251 �26; 1987 c.158 �176; 1989 c.434 �5; 1989 c.452 �4; 1993 c.741 �143; 1995 c.79 �382; 1997 c.469 �8; 2003 c.471 �1; 2003 c.655 �133; 2023 c.400 �19; 2025 c.415 �23]

�� 822.055 Failure to return revoked, canceled or suspended certificate; penalty. (1) A person commits the offense of failure to return a revoked, canceled or suspended vehicle dealer certificate if the Department of Transportation recalls and demands the person to return any certificate or registration plates under ORS 822.050 and the person has those items requested and does not return them to the department without further demand.

�� (2) The offense described in this section, failure to return revoked, canceled or suspended vehicle dealer certificate, is a Class A misdemeanor. [1983 c.338 �799; 1985 c.393 �56; 1987 c.158 �177]

�� 822.060 Illegal consignment practices; exception; penalty; rules. (1) Except as provided in subsection (2) of this section, a person who holds a vehicle dealer certificate issued under ORS 822.020 commits the offense of illegal consignment practices if the person does any of the following:

�� (a) Takes a vehicle on consignment from a person who does not hold a vehicle dealer certificate issued under ORS 822.020, or who is not licensed as a vehicle dealer in another jurisdiction, and who does not have proof that the consignor is the registered owner, a security interest holder or lessor of the vehicle.

�� (b) Takes a vehicle on consignment from a security interest holder without the security interest holder first completing a repossession action prior to consigning the vehicle and providing the dealer with proper documentary proof of the repossession action.

�� (c) Takes a vehicle on consignment and does not have the terms of the consignment agreement in writing and provide a copy of the agreement to the consignor. The agreement shall include a provision stating that if the terms of the agreement are not met, the consignor may file a complaint in writing with the Department of Transportation, Salem, Oregon.

�� (d) Sells a vehicle that the dealer has on consignment and does not pay the consignor within 10 days of the sale.

�� (e) Sells a vehicle that the dealer has on consignment and does not either provide the purchaser with a certificate of title to the vehicle or with other primary ownership records in the form of documents or apply to the department in the purchaser�s name for title to the vehicle within 30 days of the sale in a manner provided by the department by rule.

�� (f) Does not allow the department or any duly authorized representative to inspect and audit any records of any separate accounts into which the dealer deposits any funds received or handled by the dealer or in the course of business as a dealer from consignment sale of vehicles at such times as the department may direct.

�� (g) Takes any part of any money paid to the dealer in connection with any consignment transaction as part or all of the dealer�s commission or fee until the transaction has been completed or terminated.

�� (h) Does not make arrangement for the disposition of money from a consignment transaction with the seller at the time of establishing a consignment agreement.

�� (i) Sells a vehicle that the dealer has taken on consignment without first giving the purchaser the following disclosure in writing:

DISCLOSURE REGARDING

CONSIGNMENT SALE

(Name of Dealer) is selling the following described vehicle: __ (Year) _ (Make) (Model) ___ (Vehicle Identification Number) on consignment.

�� [ ] There is a security interest in this vehicle.

�� [ ] There is not a security interest in this vehicle.

YOU SHOULD TAKE ACTION TO ENSURE THAT ANY SECURITY INTERESTS ARE RELEASED AND THAT THE TITLE TO THE VEHICLE IS TRANSFERRED TO YOU. OTHERWISE, YOU MAY TAKE TITLE SUBJECT TO ANY UNSATISFIED SECURITY INTERESTS.

�� (2) The offense described in this section does not apply if the person takes a vehicle on consignment from an entity other than a retail customer and the person holds a vehicle dealer certificate issued under ORS 822.020 and operates a:

�� (a) Wholesale vehicle auction company; or

�� (b) National auction company whose primary activity in this state is the sale or disposition of totaled vehicles.

�� (3) The offense described in this section, illegal consignment practices, is a Class A misdemeanor.

�� (4) The department shall adopt rules to carry out the provisions of this section, including but not limited to rules to specify which persons may take and sell vehicles on consignment and to regulate the taking and selling of vehicles on consignment from other jurisdictions. [1985 c.16 �398; 1991 c.873 �46; 1993 c.180 �3; 1993 c.233 �73; 1997 c.834 �2; 2007 c.371 �1; 2009 c.551 �4; 2019 c.346 �1; 2023 c.400 �48]

�� 822.065 Violation of consigned vehicle transfer; penalty. (1) A person commits the offense of violation of a consigned vehicle transfer if the person consigns a vehicle to a vehicle dealer issued a certificate under ORS 822.020 and the person fails or refuses to deliver the certificate of title or other primary ownership document for the vehicle to the dealer or purchaser upon sale of the vehicle under consignment or, if there is no certificate of title or primary ownership record in the form of a document, fails to comply with rules of the Department of Transportation on consignment.

�� (2) The offense described in this section, violation of a consigned vehicle transfer, is a Class A misdemeanor. [1985 c.16 �399; 1991 c.873 �47; 1993 c.233 �74]

�� 822.070 Conducting illegal vehicle rebuilding business; penalty. (1) A person commits the offense of conducting an illegal vehicle rebuilding business if the person is not the holder of a valid current dealer certificate issued under ORS 822.020 and the person does any of the following as part of a business:

�� (a) Buys, sells or deals in assembled or reconstructed motor vehicles.

�� (b) Engages in making assembled or reconstructed vehicles from motor vehicle components.

�� (2) This section does not apply to the following persons or vehicles:

�� (a) An insurance adjuster authorized to do business under ORS 744.515 or 744.521 who is disposing of vehicles for salvage.

�� (b) Vehicles or persons exempt from the vehicle dealer certificate requirements by ORS 822.015 (1)(a) or (i).

�� (c) Motor vehicles that are not of a type required to be registered under the vehicle code.

�� (d) The holder of a dismantler certificate issued under ORS 822.110.

�� (3) The offense described in this section, conducting an illegal vehicle rebuilding business, is a Class A misdemeanor. [1985 c.16 �400; 1997 c.469 �9; 2003 c.655 �134; 2005 c.654 �18; 2009 c.551 �5; 2015 c.111 �2; 2019 c.151 �44; 2025 c.415 �36]

�� 822.075 [1991 c.541 �6; repealed by 2003 c.655 �143]

�� 822.080 Procedures for civil penalties imposed under ORS 822.009; disposition of moneys. (1) Civil penalties under ORS 822.009 shall be imposed in the manner provided in ORS

ORS 822.235

822.235; or

�� (b) The person is a tower that received interest in the totaled vehicle pursuant to ORS 822.235 and the tower subsequently transfers interest in the totaled vehicle to a dismantler within 30 days of the date the tower received interest in the totaled vehicle.

�� (4) If the vehicle is one for which title was issued in a form other than a certificate, the person shall notify the department that the vehicle is a totaled vehicle and shall follow procedures adopted by the department by rule.

�� (5) The offense described in this section, failure to follow procedures for a totaled vehicle, is a Class A misdemeanor. [1991 c.820 �4; 1993 c.233 �58; 2017 c.523 �6; 2025 c.415 �30]

�� 819.014 Insurer failure to follow procedures for totaled vehicle; penalty. (1) An insurer commits the offense of insurer failure to follow procedures for a totaled vehicle if the insurer declares that the vehicle is a totaled vehicle and does not:

�� (a) Obtain the certificate of title from the owner of the vehicle as a condition of settlement of the claim and surrender it to the Department of Transportation within 30 days of its receipt; or

�� (b) If the insurer does not obtain the certificate from the registered owner, notify the department that the vehicle is a totaled vehicle within 30 days of declaring it to be so, or taking title to or possession of it, and notify the registered owner of the vehicle that the registered owner must surrender the certificate to the department and must notify any subsequent purchaser that the vehicle is a totaled vehicle.

�� (2) If the vehicle is one for which title was issued in a form other than a certificate, the insurer shall notify the department that the vehicle is a totaled vehicle and shall follow procedures adopted by the department by rule.

�� (3) The offense described in this section, insurer failure to follow procedures for a totaled vehicle, is a violation of the Insurance Code, as provided in ORS 746.308. [1991 c.820 �4a; 1993 c.233 �59]

�� 819.016 When salvage title required; rules. (1) Except as provided in subsection (2) of this section, when the provisions of ORS 819.010, 819.012 or 819.014 require a person to surrender to the Department of Transportation a certificate of title for a vehicle, or when a person acquires a vehicle under the provisions of ORS 819.215, the person shall apply to the department for a salvage title for the vehicle. The application shall comply with the requirements of ORS 803.140.

�� (2) When the person is not required to surrender a certificate of title because title for the vehicle was issued in some other form, the person shall follow procedures adopted by the department by rule.

�� (3) Subsections (1) and (2) of this section do not apply if the person:

�� (a) Does not intend to rebuild or repair the vehicle, to transfer the vehicle or to use the frame or unibody of the vehicle for repairing or constructing another vehicle; or

�� (b) Rebuilds or repairs the vehicle and applies to title the vehicle with the designation of assembled, reconstructed or replica. [1991 c.820 �23; 1991 c.873 �26; 1993 c.233 �60; 2009 c.371 �3; 2021 c.630 �8]

�� 819.018 Failure to notify subsequent purchaser of condition of vehicle; rules; penalty. (1) A person commits the offense of failure to notify a subsequent purchaser of the condition of a vehicle if the person sells a totaled vehicle and does not provide the purchaser with a salvage title certificate or, if no certificate is required as evidence of salvage title, does not comply with rules adopted by the Department of Transportation for notification of salvage title without a certificate.

�� (2) The offense described in this section, failure to notify a subsequent purchaser of the condition of a vehicle, is a Class A misdemeanor when committed by someone other than an insurer. [1991 c.820 ��5,22; 1993 c.233 �61]

�� 819.020 [1983 c.338 �195; 1985 c.16 �69; 1985 c.176 �1; 1987 c.119 �5; repealed by 1991 c.820 �20]

�� 819.030 Department procedure on receipt of title or notice. The Department of Transportation shall comply with the following procedures upon receiving a certificate of title or other notice in accordance with the provisions of ORS 819.010, 819.012 or 819.014:

�� (1) If the department is satisfied that the vehicle is wrecked, dismantled or disassembled, the department shall cancel and retire the registration and title of the vehicle. Except for issuance of a salvage title, the department may not register or title the vehicle again unless:

�� (a) The department is satisfied that the original title certificate, if any, was surrendered in error or that notice was submitted in error and the record canceled in error; or

�� (b) The vehicle is registered or titled as an assembled vehicle, a reconstructed vehicle or a replica.

�� (2) If the department is satisfied that the vehicle is wrecked, dismantled or disassembled, the department may issue a proof of compliance form if no salvage title is issued for the vehicle.

�� (3) If the department is satisfied that the vehicle is totaled, the department may:

�� (a) Issue a salvage title, retire the vehicle�s registration and cancel the title; or

�� (b) Issue a branded title.

�� (4) If a vehicle is recovered after a theft and the theft is the reason that the vehicle was considered a totaled vehicle or the department issues a branded title for a totaled vehicle, a person may apply with the department to keep the same registration plates and the remaining registration period represented by the plates with that vehicle. The department may allow the owner to keep the registration plates if the plates are legible and capable of being used for identification purposes.

�� (5) A person may apply with the department to transfer plates from a vehicle for which the department previously received a totaled notification. A plate transfer request must be in accordance with the provisions of ORS 803.530.

�� (6) The owner of a vehicle whose title and registration have been canceled and retired due to the department being notified it is totaled, wrecked, dismantled or disassembled is entitled to an administrative review to determine whether the notification was correct. [1983 c.338 �196; 1985 c.176 �2; 1985 c.401 �3; 1987 c.119 �6; 1991 c.820 �8; 1991 c.873 �38; 1993 c.233 �62; 2019 c.17 �2; 2025 c.415 �35]

�� 819.040 Illegal salvage procedures; penalty. (1) A person commits the offense of illegal salvage procedures if the person engages in crushing, compacting or shredding of vehicles and the person violates any requirements under the following:

�� (a) The person may accept vehicles as salvage material from other persons who hold a dismantler certificate issued under ORS 822.110.

�� (b) Except as otherwise provided in this subsection, the person may not accept vehicles from another person who does not hold a dismantler certificate issued under ORS

ORS 824.050

824.050 to 824.110 or ORS chapter 465, 466, 468, 468A, 468B or 825, or with the federal, regional or local counterpart or extension of such statutes, appropriate efforts to achieve compliance with which were not promptly initiated and pursued with reasonable diligence.

�� (c) A party asserting the environmental audit privilege described in subsection (2) of this section has the burden of proving the privilege, including, if there is evidence of noncompliance with ORS 824.050 to 824.110 or ORS chapter 465, 466, 468, 468A, 468B or 825, or the federal, regional or local counterpart or extension of such statutes, proof that appropriate efforts to achieve compliance were promptly initiated and pursued with reasonable diligence. A party seeking disclosure under subsection (3)(b)(A) of this section has the burden of proving that the privilege is asserted for a fraudulent purpose.

�� (4)(a) A district attorney, the Attorney General or a governmental agency having probable cause to believe an offense has been committed under ORS 468.922 to 468.956 based upon information obtained from a source independent of an Environmental Audit Report, may obtain an Environmental Audit Report for which a privilege is asserted under subsection (2) of this section pursuant to search warrant, criminal subpoena or discovery as allowed by ORS 135.835. The district attorney, Attorney General or governmental agency shall immediately place the report under seal and shall not review or disclose its contents.

�� (b) Within 30 days of the district attorney�s, Attorney General�s or governmental agency�s obtaining an Environmental Audit Report, the owner or operator who prepared or caused to be prepared the report may file with the appropriate court a petition requesting an in camera hearing on whether the Environmental Audit Report or portions thereof are privileged under this section or subject to disclosure. Failure by the owner or operator to file such petition shall waive the privilege.

�� (c) Upon filing of such petition, the court shall issue an order scheduling an in camera hearing, within 45 days of the filing of the petition, to determine whether the Environmental Audit Report or portions thereof are privileged under this section or subject to disclosure. Such order further shall allow the district attorney, Attorney General or governmental agency to remove the seal from the report to review the report and shall place appropriate limitations on distribution and review of the report to protect against unnecessary disclosure. The district attorney, Attorney General or governmental agency may consult with enforcement agencies regarding the contents of the report as necessary to prepare for the in camera hearing. However, the information used in preparation for the in camera hearing shall not be used in any investigation or in any proceeding against the defendant, and shall otherwise be kept confidential, unless and until such information is found by the court to be subject to disclosure.

�� (d) The parties may at any time stipulate to entry of an order directing that specific information contained in an Environmental Audit Report is or is not subject to the privilege provided under subsection (2) of this section.

�� (e) Upon making a determination under subsection (3)(b) of this section, the court may compel the disclosure only of those portions of an Environmental Audit Report relevant to issues in dispute in the proceeding.

�� (5) The privilege described in subsection (2) of this section shall not extend to:

�� (a) Documents, communications, data, reports or other information required to be collected, developed, maintained, reported or otherwise made available to a regulatory agency pursuant to ORS 824.050 to 824.110 or ORS chapter 465, 466, 468, 468A, 468B or 825, or other federal, state or local law, ordinance, regulation, permit or order;

�� (b) Information obtained by observation, sampling or monitoring by any regulatory agency; or

�� (c) Information obtained from a source independent of the environmental audit.

�� (6) As used in this section:

�� (a) �Environmental audit� means a voluntary, internal and comprehensive evaluation of one or more facilities or an activity at one or more facilities regulated under ORS 824.050 to 824.110 or ORS chapter 465, 466, 468, 468A, 468B or 825, or the federal, regional or local counterpart or extension of such statutes, or of management systems related to such facility or activity, that is designed to identify and prevent noncompliance and to improve compliance with such statutes. An environmental audit may be conducted by the owner or operator, by the owner�s or operator�s employees or by independent contractors.

�� (b) �Environmental Audit Report� means a set of documents, each labeled �Environmental Audit Report: Privileged Document� and prepared as a result of an environmental audit. An Environmental Audit Report may include field notes and records of observations, findings, opinions, suggestions, conclusions, drafts, memoranda, drawings, photographs, computer-generated or electronically recorded information, maps, charts, graphs and surveys, provided such supporting information is collected or developed for the primary purpose and in the course of an environmental audit. An Environmental Audit Report, when completed, may have three components:

�� (A) An audit report prepared by the auditor, which may include the scope of the audit, the information gained in the audit, conclusions and recommendations, together with exhibits and appendices;

�� (B) Memoranda and documents analyzing portions or all of the audit report and potentially discussing implementation issues; and

�� (C) An implementation plan that addresses correcting past noncompliance, improving current compliance and preventing future noncompliance.

�� (7) Nothing in this section shall limit, waive or abrogate the scope or nature of any statutory or common law privilege, including the work product doctrine and the attorney-client privilege. [1993 c.422 �20; 1997 c.320 �1; 2001 c.630 �1]

�� Note: See note under 468.961.

�� 468.965 [1985 c.684 �10; 1989 c.958 �9; renumbered 468.491 in 1993]

�� 468.967 [1989 c.1072 �1; renumbered

ORS 825.160

825.160 and not to the financial responsibility requirements of ORS chapter 806. Proof of compliance with financial responsibility requirements as specified in ORS 803.460 is not required for renewal of registration of a vehicle under this section.

�� (4) A vehicle registered under this section shall be deemed to be fully registered in this state for any type of movement or operation, except that in those instances in which a grant of authority is required for intrastate movement or operation, no such vehicle shall be operated in intrastate commerce in this state unless the owner thereof has been granted intrastate authority or right by the department and unless the vehicle is being operated in conformity with such authority and rights.

�� (5) A vehicle may be registered under this section prior to a certificate of title being issued for the vehicle but nothing in this section affects any requirement that a certificate of title be issued. [Formerly 768.029; 1997 c.249 �269; 2019 c.312 �15]

�� 826.033 Application of other registration provisions of Oregon Vehicle Code to vehicles registered under this chapter. The provisions of ORS chapter 803 concerning the registration of vehicles apply to vehicles registered under this chapter, unless a specific provision of this chapter differs from a comparable provision of ORS chapter 803. [Formerly

ORS 825.256

825.256. [1989 c.763 �4]

�� 459.390 Procedures for segregation and containment of infectious waste; exemption. (1)(a) Except as provided in paragraph (b) of this subsection, infectious waste shall be segregated from other wastes by separate containment at the point of generation.

�� (b) A person may consolidate sharps and waste pharmaceuticals into a single container, which may be reusable, provided that:

�� (A) The container satisfies the requirements of subsection (3) of this section; and

�� (B) The entire contents of the container are managed as infectious waste in accordance with ORS 459.386 to 459.405.

�� (c) Enclosures used for storage of infectious waste shall be secured to prevent access by unauthorized persons and shall be marked with prominent warning signs.

�� (2) Infectious waste, except for sharps, shall be contained in disposable red plastic bags or containers made of other materials impervious to moisture and strong enough to prevent ripping, tearing or bursting under normal conditions of use. The bags or containers shall be closed to prevent leakage or expulsion of solid or liquid wastes during storage, collection or transportation.

�� (3)(a) Sharps shall be contained for storage, collection, transportation and disposal in leakproof, rigid, puncture-resistant red containers that are taped closed or tightly lidded to prevent loss of the contents. Sharps may be stored in such containers for more than seven days.

�� (b) Sharps consolidated with waste pharmaceuticals shall be contained for storage, collection, transportation and treatment in leakproof, rigid, puncture-resistant and tightly lidded containers that are a distinctive color other than red and conspicuously labeled with the international biohazard symbol. Sharps consolidated with waste pharmaceuticals may be stored in such containers for more than seven days.

�� (4) All bags, boxes or other containers for infectious waste and rigid containers of discarded sharps shall be clearly identified as containing infectious waste.

�� (5) Infectious waste shall be stored at temperatures and only for times established by rules of the Oregon Health Authority.

�� (6) Infectious waste shall not be compacted before treatment and shall not be placed for collection, storage or transportation in a portable or mobile trash compactor.

�� (7) Infectious waste contained in disposable bags as specified in this section shall be placed for collection, storage, handling or transportation in a disposable or reusable pail, carton, box, drum, dumpster, portable bin or similar container. The container shall have a tight-fitting cover and be kept clean and in good repair. The container may be of any color and shall be conspicuously labeled with the international biohazard symbol and the words �Biomedical Waste� on the sides so as to be readily visible from any lateral direction when the container is upright.

�� (8) Each time a reusable container for infectious waste is emptied, the container shall be thoroughly washed and decontaminated unless the surfaces of the container have been protected from contamination by a disposable red liner, bag or other device removed with the waste.

�� (9) Trash chutes shall not be used to transfer infectious waste between locations where it is contained or stored.

�� (10) Generators that produce 50 pounds or less of infectious waste in any calendar month shall be exempt from the specific requirements of subsections (5), (7) and (8) of this section. [1989 c.763 �5; 2009 c.595 �942; 2025 c.257 �2]

�� 459.395 Treatment of infectious wastes; rules. (1) Pathological wastes shall be treated by incineration in an incinerator that provides complete combustion of waste to carbonized or mineralized ash. The ash shall be disposed of as provided in rules adopted by the Environmental Quality Commission. However, if the Department of Environmental Quality determines that incineration is not reasonably available within a wasteshed, pathological wastes may be disposed of in the same manner provided for cultures and stocks.

�� (2) Cultures and stocks shall be incinerated as described in subsection (1) of this section or sterilized by other means prescribed by Oregon Health Authority rule. Sterilized waste may be disposed of in a permitted land disposal site if it is not otherwise classified as hazardous waste.

�� (3) Liquid or soluble semisolid biological wastes may be discharged into a sewage treatment system that provides secondary treatment of waste.

�� (4)(a) Sharps and biological wastes may be incinerated as described in subsection (1) of this section or sterilized by other means prescribed by authority rule. Sharps may be disposed of in a permitted land disposal site only if the sharps are in containers as required in ORS 459.390 (3) and are placed in a segregated area of the landfill.

�� (b) Notwithstanding paragraph (a) of this subsection, sharps consolidated with waste pharmaceuticals shall be treated by incineration in an incinerator that is authorized to accept sharps and waste pharmaceuticals under a permit issued by a state or federal agency.

�� (5) Other methods of treatment and disposal may be approved by rule of the commission. [1989 c.763 �6; 2009 c.595 �943; 2025 c.257 �3]

�� 459.398 Rules. The Environmental Quality Commission may adopt rules for storage and handling of infectious waste at a solid waste disposal site. [1989 c.763 �7]

�� 459.400 Exceptions. The requirements of ORS 459.386 to 459.405 do not apply to:

�� (1) Waste, other than sharps, that is:

�� (a) Generated in the practice of veterinary medicine; and

�� (b) Not capable of being communicated by invasion and multiplication in body tissues and capable of causing disease or adverse health impacts in humans.

�� (2) The following, released by a health care facility as defined in ORS 442.015 in accordance with rules adopted by the Oregon Health Authority:

�� (a) A placenta received by a postpartum mother; or

�� (b) Human pathological waste:

�� (A) Received by the donor of the pathological waste or an authorized representative of the donor; and

�� (B) That is intended by the recipient for cremation, interment or other final disposition in accordance with ORS chapter 97. [1989 c.763 �8; 1993 c.560 �47; 2013 c.109 �1; 2023 c.269 �1]

�� 459.405 Transport of infectious waste; certification; records. Each person who transports infectious waste for consideration, other than waste that is an incidental part of other solid waste, shall:

�� (1) Provide written certification to a person who discards more than 50 pounds per month of infectious waste that such waste will be disposed of in compliance with the provisions of ORS 459.386 to 459.405; and

�� (2) Maintain records showing the point of origin and date and place of final disposal of infectious waste collected from generators. A copy of these records shall be given to the generator or the Department of Environmental Quality upon request. [1989 c.763 �9]

�� 459.410 [1971 c.699 �1; 1973 c.778 �1; 1977 c.867 �1; 1979 c.132 �1; 1981 c.709 �4; 1983 c.703 �9; 1985 c.670 �1; renumbered 466.005]

HOUSEHOLD AND SMALL QUANTITY GENERATOR HAZARDOUS WASTE

�� 459.411 Policy. (1) The Legislative Assembly finds:

�� (a) Individuals have limited opportunities to properly manage household hazardous waste;

�� (b) Businesses that are conditionally exempt small quantity generators of hazardous waste do not have feasible options for the management of hazardous waste; and

�� (c) The disposal of household hazardous waste and hazardous waste generated by conditionally exempt small quantity generators in solid waste disposal sites and sewage facilities presents a potential hazard to the public health and the environment because these sites and facilities may not be designed for the disposal of hazardous waste.

�� (2) Therefore, the Legislative Assembly declares that it is in the interest of public health, safety and the environment to provide:

�� (a) Alternatives to disposal of hazardous waste generated by conditionally exempt small quantity generators and household hazardous waste at solid waste disposal sites and sewage facilities; and

�� (b) Information and educational programs about:

�� (A) Alternatives for the management of household and conditionally exempt small quantity generator hazardous waste;

�� (B) Methods of reusing and recycling household and conditionally exempt small quantity generator hazardous waste; and

�� (C) Alternatives to the use of products that lead to the generation of hazardous waste by conditionally exempt small quantity generators and household hazardous waste. [1989 c.833 �69; 1993 c.560 �50]

�� 459.412 Definition for ORS 459.411 to 459.417. As used in ORS 459.411 to 459.417, �conditionally exempt small quantity generator� means a person who generates a hazardous waste but is conditionally exempt from certain regulations because the waste is generated in quantities below the threshold adopted by the Environmental Quality Commission pursuant to ORS 466.020. [1993 c.560 �49]

�� 459.413 Household hazardous waste depots; location; promotion program. (1) The metropolitan service district shall establish permanent depots to receive household hazardous waste. The depots shall be:

�� (a) Developed at geographically diverse locations throughout the district; and

�� (b) Located and operationally designed to conveniently receive household hazardous waste from the general public on an ongoing basis.

�� (2) In conjunction with establishing permanent depots under subsection (1) of this section, the metropolitan service district also shall develop and implement a promotion program to encourage citizens to use the depots for household hazardous waste disposal. [1989 c.833 �74; 1993 c.560 �51]

�� 459.415 Department approval for collection activity required; written proposal. (1) Before any local government operates a permanent collection depot or periodic collection events for household hazardous waste or hazardous waste generated by conditionally exempt small quantity generators, the local government shall receive written approval from the Department of Environmental Quality.

�� (2) In requesting written approval from the department, a local government unit proposing to operate a permanent collection depot or periodic collection events shall submit a detailed proposal. The proposal shall include at least the following information:

�� (a) Measures to be taken to insure safety of the public and employees or volunteers working at the collection site;

�� (b) Measures to be taken to prevent spills or releases of hazardous waste and a plan to respond to a spill or release if one occurs;

�� (c) A copy of the request for proposals for a contractor to properly manage and recycle or dispose of the waste collected in a manner consistent with the rules of the Environmental Quality Commission for hazardous waste collection, storage, transportation and disposal; and

�� (d) Measures to be implemented to insure no waste is accepted from generators of hazardous waste subject to regulation under ORS 466.005 to 466.385 unless the intent is to specifically collect such waste.

�� (3) The department may request additional information about the proposed program from the local government unit. The department shall not approve a program unless the program provides adequate provisions to protect the public health, safety and the environment. [1989 c.833 �75; 1993 c.560 �52]

�� 459.417 Statewide household hazardous waste public education program. The Department of Environmental Quality shall implement a statewide household hazardous waste public education program. The program shall include but need not be limited to providing information about:

�� (1) Alternatives to disposal of household hazardous waste at solid waste disposal sites;

�� (2) Methods of reusing or recycling household hazardous waste; and

�� (3) Alternatives to the use of products that lead to the generation of household hazardous waste. [1989 c.833 �76]

�� 459.418 Contract for statewide collection of household hazardous waste. The Department of Environmental Quality may contract with a hazardous waste collection service to provide for the statewide collection of household hazardous waste. As used in this section, �hazardous waste collection service� means a service that collects hazardous waste from conditionally exempt small quantity generators and from households. [1991 c.385 �51; 1993 c.560 �53]

�� 459.419 [1991 c.385 �38; 1993 c.560 �54; renumbered 459A.695 in 1993]

BATTERIES

�� 459.420 Permitted lead-acid battery disposal; disposal by retailers. (1) No person may place a used lead-acid battery in mixed municipal solid waste, discard or otherwise dispose of a lead-acid battery in this state except by delivery to a lead-acid battery retailer or wholesaler, to a collection or recycling facility authorized under ORS 459.005 to 459.437 or to a secondary lead smelter permitted by a state or the United States Environmental Protection Agency.

�� (2) No lead-acid battery retailer shall dispose of a used lead-acid battery in this state except by delivery to the agent of a battery wholesaler, to a battery manufacturer for delivery to a secondary lead smelter permitted by a state or the United States Environmental Protection Agency, to a collection or recycling facility authorized under ORS 459.005 to 459.437 or to a secondary lead smelter permitted by a state or the United States Environmental Protection Agency. [1989 c.290 �2; 1993 c.560 �56]

�� 459.422 Acceptance of used batteries by retailers and wholesalers. (1) A person selling lead-acid batteries at retail or offering lead-acid batteries for retail sale in the State of Oregon shall accept used lead-acid batteries of the same type purchased from a customer at the point of transfer in a quantity at least equal to the number of new batteries purchased, if offered by the customer.

�� (2) Any person selling new lead-acid batteries at wholesale shall accept used lead-acid batteries of the same type from any customer at the point of transfer in a quantity at least equal to the number of new batteries purchased, if offered by a customer.

�� (3) A person accepting batteries in transfer from an automotive battery retailer shall be allowed up to 90 days to remove batteries from the retail point of collection. [1989 c.290 ��3,4; 2005 c.22 �332]

�� 459.426 Notice to customers. (1) Any person selling new lead-acid batteries shall post in each area where lead-acid batteries are sold a clearly visible and legible sign stating that:

�� (a) Lead-acid batteries cannot be disposed of in household solid waste or mixed municipal waste, but must be recycled; and

�� (b) The dealer will accept used lead-acid batteries of the same type sold by the dealer.

�� (2) If a person selling new lead-acid batteries requires a customer to pay a fee for a new lead-acid battery if the customer does not provide a used lead-acid battery for trade-in, the dealer shall also include on or near the sign required under subsection (1) of this section a statement advising potential customers that the dealer charges a fee if the customer does not provide a used lead-acid battery for trade-in. [1989 c.290 �5]

�� 459.430 [1971 c.699 �3; 1973 c.778 �2; 1973 c.835 �147; 1977 c.867 �2; 1979 c.132 �2; 1981 c.709 �5; renumbered

ORS 825.258

825.258, 825.260, 825.950, 825.955, 825.960 and 825.990 apply to the following persons and vehicles:

�� (1) A vehicle owned or operated by a person prior to the time the vehicle is placed in commercial operation.

�� (2) A person transporting the person�s own commercial fishing boat if the combined weight of the vehicle, trailer and boat is 15,000 pounds or less.

�� (3) A vehicle being used for the purposes of forest protection and fire suppression if the vehicle is necessary in order to comply with ORS 477.615 or 477.650 or a similar federal statute, including but not limited to a vehicle being moved to or from the forest protection district operation area. [2003 c.589 �4]

(Certificates and Permits)

�� 825.100 Certificate or permit required for commercial transportation of persons or property on public highways; certificate required for transport of household goods. (1) A person may not operate any motor vehicle, whether loaded or empty, on any highway in this state as a carrier in the transportation of persons or property without possessing, in addition to any license required by any other law, a valid certificate or permit from the Department of Transportation authorizing the proposed operation. Each operation of a motor vehicle in violation of this subsection is a separate violation, whether the prohibited operations occur within the same day or different days or relate to the same motor vehicle or different motor vehicles.

�� (2) A person may not offer to transport, advertise as willing to transport or transport household goods for-hire in intrastate commerce without a valid certificate from the department. Each act described in this subsection is a separate violation subject to penalties under ORS 825.950 (1)(c). [Formerly 767.105; 2025 c.17 �8]

�� 825.102 Issuance of permits to intrastate for-hire carriers; rules. (1) Except as provided in subsection (6) of this section and ORS 825.135, the Department of Transportation shall issue a permit to a person to provide transportation service as a for-hire carrier over any highway in this state in intrastate commerce if the person applies for the permit and the department is satisfied that the person is able to comply with the provisions of this chapter and the rules of the department.

�� (2) In deciding whether to approve an application for a permit under this section, the department shall consider any evidence demonstrating that the applicant is unable to comply with this chapter and the rules of the department and shall deny the application if the applicant does not meet the financial responsibility and safety requirements established by this chapter and by rules of the department.

�� (3) If an application for a permit under this section is denied, the department shall notify the applicant of the reasons for denial. The applicant is entitled to a hearing if written request for a hearing is made within 15 days of the notification of denial.

�� (4) A permit granted under this section is not transferable. The department shall determine by rule what constitutes transfer of a permit.

�� (5) A permit issued under this section may be suspended or revoked as provided in this chapter. Grounds for suspension or revocation include, but are not limited to, failure to maintain compliance with safety requirements, failure to maintain compliance with financial responsibility requirements and failure to report or pay fees, taxes or penalties due the department.

�� (6) The department may not issue a permit under this section for transportation of household goods. For-hire carriers of household goods are subject to the certificate provisions of ORS 825.110. [1995 c.306 �2; 2015 c.283 �15]

�� 825.104 Federal registration and financial responsibility requirements for interstate carriers. An interstate for-hire carrier or private carrier required to obtain a United States Department of Transportation registration number engaged or to engage in interstate operations may not perform transportation services on the public highways of this state without having first complied with federal registration and financial responsibility requirements. [Formerly 767.155; 2001 c.335 �4; 2007 c.465 �5]

�� Note: 825.104 is amended by Enrolled House Bill 3991 (2025 special session). As of the date of publication of the 2025 Edition of the Oregon Revised Statutes, Enrolled House Bill 3991 (2025 special session) is subject to potential referendum petitions that may be filed with the Secretary of State as provided in Article IV, section 1, of the Oregon Constitution. The full text of Enrolled House Bill 3991 (2025 special session) is set forth following 801.610.

�� 825.105 Confirmation of federal registration and financial responsibility for interstate motor carriers; rules. (1) The Department of Transportation may enter into an agreement with the authorized representatives of any jurisdiction outside this state for the purposes of confirming federal registration and accepting proof of financial responsibility for interstate motor carriers.

�� (2) A motor carrier registered in a jurisdiction that is a party to an agreement entered into under this section is considered registered for interstate operations in Oregon for the purpose of ORS 825.104.

�� (3) The department may adopt any rules the department deems necessary to effectuate and administer the provisions of an agreement entered into under this section.

�� (4) An agreement may not provide for any benefit, exemption or privilege with respect to any fees or taxes levied or assessed against the use of highways or use or ownership of vehicles. [2007 c.465 �4]

�� 825.106 Issuance of permits to carriers described in ORS 825.020. Upon receipt of the information in writing required by the application form for permits in that class and in compliance with the law, rules and regulations of the Department of Transportation, permits shall be issued to motor carriers described in ORS 825.020, conditioned that the proposed operation will not be attended with substantial damage to the highway or danger to the users thereof, to adjacent property or facilities or to the public. The applicant is entitled to a hearing by the department if the application has been declined by the department. [Formerly

ORS 83.510

83.510, from a retail customer; or

�� (B) A convenience or safety function, such as heated seats or driver assistance, in return for a payment from a retail customer.

�� (b) Paragraph (a) of this subsection does not prohibit a manufacturer, distributor or importer from:

�� (A) Charging a fee to a consumer to sell, lease, provide, update or finance or offering to sell, lease, provide, update or finance a motor vehicle or a product, service or financing through a dealer;

�� (B) Providing a motor vehicle, product or service for occasional promotional or charitable purposes;

�� (C) Arranging or providing emergency roadside service; or

�� (D) Offering or providing a free trial of a subscription service described in paragraph (a)(A) of this subsection.

�� (c) This subsection does not apply to:

�� (A) Any electronic wireless communication system installed in a motor vehicle; or

�� (B) An information or entertainment service, navigation system, satellite radio, roadside assistance or other driver assistance, or automation features that rely on cellular networks or other data networks for operation. [1980 c.3 �2; 1989 c.716 �5; 1999 c.660 �2; 2001 c. 216 �2; 2001 c.825 �2; 2003 c.411 �2; 2011 c.177 �2; 2015 c.396 �1; 2025 c.50 �2]

�� 650.132 Prohibition on coercing dealers to take certain actions. (1)(a) A manufacturer, distributor or importer may not, through any of the methods described in paragraph (b) of this subsection, directly or indirectly coerce or attempt to coerce a dealer to:

�� (A) Advertise, promote, offer or sell an extended service contract, an extended maintenance plan, a guaranteed asset protection waiver or other arrangement that pays a purchaser the remaining balance on a note secured by a motor vehicle if the motor vehicle is lost, stolen or damaged beyond repair, or a similar product or service, if the manufacturer, distributor or importer provides, originates, sponsors or endorses the product or service;

�� (B) Install on the dealer�s premises an electric vehicle charging station for the primary purpose of allowing the public to charge electric vehicles; or

�� (C) Accept a new plan or system for allocating or scheduling a delivery of a motor vehicle, part or accessory, or a modification to an existing plan or system, if the new or modified plan or system is not fair, reasonable and equitable for all dealers of the manufacturer�s, distributor�s or importer�s line-make.

�� (b) Prohibited methods for coercing or attempting to coerce a dealer include, but are not limited to:

�� (A) Stating to a dealer that the dealer�s failure to advertise, promote, offer or sell the products or services described in paragraph (a)(A) of this subsection will substantially and adversely affect the dealer�s business or the dealer�s relationship with the manufacturer, distributor or importer;

�� (B) Requiring the dealer in a franchise agreement to advertise, promote, offer or sell the products or services described in paragraph (a)(A) of this subsection, install the electric vehicle charging station described in paragraph (a)(B) of this subsection or accept the plan or system described in paragraph (a)(C) of this subsection;

�� (C) Measuring the dealer�s performance in a franchise on the basis of whether, or the extent to which, the dealer advertises, promotes, offers or sells the products or services described in paragraph (a)(A) of this subsection, installs the electric vehicle charging station described in paragraph (a)(B) of this subsection or accepts the plan or system described in paragraph (a)(C) of this subsection;

�� (D) Requiring the dealer to advertise, promote, offer or sell the products or services described in paragraph (a)(A) of this subsection to the exclusion of other, similar products or services that a person other than the manufacturer, distributor or importer offers;

�� (E) Using force or a threat of force;

�� (F) Withholding or threatening to withhold motor vehicles or parts from the dealer, or offering or providing motor vehicles or parts to the dealer at a price that is higher than the price that the manufacturer, distributor or importer offers or provides to other dealers of the manufacturer�s, distributor�s or importer�s line-make; or

�� (G) Refusing to offer to the dealer or to allow the dealer to earn incentives on the same terms that the manufacturer, distributor or importer offers or provides to other dealers of the manufacturer�s, distributor�s or importer�s line-make.

�� (2) The prohibition in subsection (1) of this section does not affect a manufacturer�s, distributor�s or importer�s right or ability to:

�� (a) Provide incentives to a dealer that voluntarily decides to advertise, promote, offer or sell the products or services described in subsection (1)(a)(A) of this section or to install the electric vehicle charging station described in subsection (1)(a)(B) of this section; or

�� (b) Require a dealer that sells a product or service that is similar to the products or services described in subsection (1)(a)(A) of this section, but that the manufacturer, distributor or importer does not provide, originate, sponsor or endorse, to notify a customer in writing, and to obtain the customer�s acknowledgment, that the manufacturer, distributor or importer does not provide, originate, sponsor or endorse the product or service.

�� (3) A manufacturer, distributor or importer is not coercing a dealer if the manufacturer, distributor or importer requires the dealer to comply with reasonably necessary standards to fulfill the dealer�s sales and service obligations.

�� (4) At a dealer�s written request, a manufacturer, distributor or importer shall describe in writing the basis for allocating or scheduling for delivery a motor vehicle, part or accessory among all the dealers of the manufacturer�s, distributor�s or importer�s line-make.

�� (5) A manufacturer, distributor or importer need not pay or make available incentives or other benefits to a dealer that has not qualified for the incentives or benefits on the same terms that the manufacturer, distributor or importer applies uniformly and equitably to all of the dealers of the manufacturer�s, distributor�s or importer�s line-make. [2015 c.584 �2; 2025 c.50 �3]

�� 650.133 Constructing, altering or remodeling dealer facility; prohibitions; exceptions; purchasing goods or services from specific vendor; intellectual property infringement. (1)(a) Except as provided in paragraph (b) of this subsection, a manufacturer, distributor or importer may not require a dealer to construct a new dealer facility or materially alter or remodel an existing dealer facility within seven years after the date on which the dealer previously constructed, materially altered or remodeled the existing dealer facility if the existing dealer facility complies with the manufacturer�s, distributor�s or importer�s approved brand image standards or plans that existed at the time the dealer constructed, materially altered or remodeled the existing dealer facility.

�� (b) A manufacturer, distributor or importer may require a dealer to construct a new dealer facility or materially alter or remodel an existing dealer facility within seven years after the dealer constructed, materially altered or remodeled the existing dealer facility:

�� (A) If the manufacturer, distributor or importer demonstrates that the manufacturer�s, distributor�s or importer�s requirement is reasonable and justifiable in light of:

�� (i) The projected cost of the construction, material alteration or remodel;

�� (ii) Existing and reasonably foreseeable economic conditions;

�� (iii) Financial expectations;

�� (iv) The availability of additional vehicle allocation; and

�� (v) The dealer�s market for vehicle sales;

�� (B) In order to comply with a health or safety law or with a technological requirement that is necessary to sell or service a motor vehicle that the dealer sells or services under the terms of the dealer�s franchise; or

�� (C) By means of a written agreement separate from the franchise agreement if the manufacturer, distributor or importer provides money, credit, an allowance, an incentive or a reimbursement to the dealer to compensate for all or a substantial portion of the cost of constructing a new dealer facility or materially altering or remodeling an existing dealer facility.

�� (c) Paragraph (a) of this subsection does not prohibit a dealer from voluntarily agreeing with a manufacturer, distributor or importer to construct a new dealer facility or materially alter or remodel an existing dealer facility in return for separate and valuable consideration. For the purposes of this paragraph, renewing a dealer�s franchise is not separate and valuable consideration.

�� (d) For purposes of this subsection:

�� (A) �Materially alter� means a significant architectural or structural modification to a dealer facility that is directly related to effectively selling or servicing motor vehicles of the type that the dealer�s franchise agreement or license permits the dealer to sell or service.

�� (B) �Materially alter� does not include routine maintenance, such as interior painting, that is reasonably necessary to keep a dealer facility in attractive condition.

�� (2)(a) Except as provided in paragraph (b) of this subsection, a manufacturer, distributor or importer may not require a dealer to purchase goods or services for constructing, materially altering or remodeling a dealer facility from a vendor that the manufacturer, distributor or importer selects, identifies or designates without giving the dealer an option to obtain goods or services of substantially similar quality and design from a vendor that the dealer chooses, subject to the manufacturer�s, distributor�s or importer�s written approval in advance. The manufacturer, distributor or importer may not withhold approval unreasonably and must approve or disapprove within 20 business days after a dealer�s written request to purchase goods and services from a source other than a source the manufacturer, distributor or importer selects, identifies or designates. If the manufacturer, distributor or importer does not disapprove the dealer�s request in writing within 20 business days after receiving the request, the request is approved.

�� (b) A dealer may not select a vendor from which to obtain goods and services for constructing a new dealer facility or materially altering or remodeling an existing dealer facility if a manufacturer, distributor or importer provides money, credit, an allowance or a reimbursement to compensate for all or a substantial portion of the cost of upgrading or improving a dealer facility or for using a specific material, good or service to upgrade or improve a dealer facility.

�� (c) This subsection does not permit a dealer or vendor to:

�� (A) Directly or indirectly or in any way infringe upon, eliminate or impair a manufacturer�s, distributor�s or importer�s intellectual property rights or reasonable business requirements; or

�� (B) Erect or maintain signs that do not conform to the manufacturer�s, distributor�s or importer�s intellectual property usage guidelines.

�� (3) A manufacturer, distributor or importer has the burden of proof in a dispute with a dealer over whether:

�� (a) A requirement the manufacturer, distributor or importer imposes under subsection (1)(b) of this section is reasonable and justifiable or is necessary to comply with a health or safety law or technological requirement; or

�� (b) A disapproval of a request to purchase goods or services under subsection (2)(a) of this section was reasonable. [2013 c.329 �2; 2025 c.50 �4]

�� 650.140 Good cause required to terminate dealer franchise; protest of termination; notice; when reasons for termination required. (1) Notwithstanding the terms of any franchise or other agreement, it is unlawful for any manufacturer, distributor or importer to cancel, terminate or refuse to continue any franchise without showing good cause, provided the dealer protests the termination by filing a complaint in court of competent jurisdiction within the time period specified in subsection (3) of this section.

�� (2) In determining if good cause exists pursuant to subsection (1) of this section, the court shall consider such factors as:

�� (a) The amount of business transacted by the dealer as compared to the amount of business available to the dealer.

�� (b) The investment necessarily made and obligations necessarily incurred by the franchisee in performance of the franchise.

�� (c) The permanency of the investment.

�� (d) The adequacy of the franchisee�s new motor vehicle sales and service facilities, equipment and parts.

�� (e) The qualifications of the management, sales and service personnel to provide the consumer with reasonably good service and care of new motor vehicles.

�� (f) The failure of the franchisee to substantially comply in good faith with those requirements of the franchise that are reasonable.

�� (3) Notwithstanding the terms of any franchise or other agreement, a franchisor shall give a franchisee 60 days� written notice stating the specific reasons for cancellation, termination or noncontinuance of a franchise, provided that a franchisor need only give 30 days� written notice concerning the following reasons:

�� (a) Misrepresentation by the franchisee in applying for the franchise.

�� (b) Insolvency of the franchisee, or filing of any petition by or against the franchisee, under any bankruptcy or receivership law.

�� (c) Conviction of a felony, provided that conviction after a plea nolo contendere shall be considered a conviction for purposes of this subsection.

�� (d) Failure of the dealer to maintain its operation open for business for seven consecutive business days or for eight business days out of any 15-business-day period.

�� (4) Notwithstanding the terms of any franchise or other agreement, a franchisee�s unwillingness to agree to a site-control agreement does not constitute good cause under this section.

�� (5)(a) If a manufacturer, distributor or importer cancels, terminates or refuses to continue any franchise with the dealer for any reason other than good cause pursuant to the terms of the franchise agreement or for good cause as that term is used in this section, and the manufacturer, distributor or importer did not cancel at the same time a franchise with another motor vehicle dealership of the same line-make within the dealer�s relevant market area, the manufacturer, distributor or importer, or where applicable the manufacturer�s, distributor�s or importer�s successor in interest, shall provide the dealer with the specific reasons why the dealer�s franchise was canceled, terminated or not continued and another dealer�s franchise of the same line-make within the dealer�s relevant market area was retained or renewed.

�� (b) The information required by paragraph (a) of this subsection must include the criteria and data used in making the determination to cancel, terminate or not continue, or to retain or renew, the franchise, and must be provided within a reasonable period of time not to exceed 30 days after the manufacturer, distributor or importer gives notice of the cancellation, termination or refusal to continue. [1980 c.3 �3; 2009 c.627 �4; 2011 c.177 �3]

�� 650.145 Compensation due dealer upon termination of franchise. (1) As used in subsection (2) of this section, �fair and reasonable compensation� means the amount a dealer originally paid for vehicles minus any incentive payments, model close-out allowances or any other programs that apply to the vehicles.

�� (2) A manufacturer, distributor or importer that terminates, cancels, fails to renew or discontinues a franchise shall pay or allow a dealer fair and reasonable compensation for:

�� (a) All new vehicles manufactured in the current calendar year and any subsequent calendar year in the motor vehicle inventory the dealer purchased from the manufacturer, distributor or importer that were not materially altered, substantially damaged or driven for more than 300 miles;

�� (b) All new vehicles in the motor vehicle inventory that were not materially altered or substantially damaged, if the vehicles:

�� (A) Have a gross vehicle weight rating of less than 8,500 pounds and were:

�� (i) Driven for not more than 300 miles;

�� (ii) Purchased directly from the manufacturer, distributor or importer within one year of the effective date of the termination, cancellation, nonrenewal or discontinuance; and

�� (iii) Paid for or drafted on the dealer�s financing source; or

�� (B) Have a gross vehicle weight rating of 8,500 pounds or more and were:

�� (i) Driven for not more than 3,500 miles;

�� (ii) Purchased directly from the manufacturer, distributor or importer within one year of the effective date of the termination, cancellation, nonrenewal or discontinuance; and

�� (iii) Paid for or drafted on the dealer�s financing source;

�� (c) Supplies and parts inventory that the dealer purchased from the manufacturer, distributor or importer and that are listed in the manufacturer�s, distributor�s or importer�s current parts catalog;

�� (d) Equipment, furnishings and signs that the manufacturer, distributor or importer required the dealer to purchase and that were not materially altered, or substantially damaged or depreciated by more than 50 percent of the original value;

�� (e) Special tools required by the manufacturer that the dealer purchased from the manufacturer, distributor or importer within three years of the date of termination, cancellation, nonrenewal or discontinuance and that were not materially altered, or substantially damaged or depreciated by more than 50 percent of the original value; and

�� (f) The lesser of one year�s lease payments or the reasonable amount remaining due on a lease or contract for a management computer system that the manufacturer, distributor or importer required the dealer to use, if the dealer will no longer use the management computer system because the manufacturer, distributor or importer terminated, canceled, failed to renew or discontinued the dealer�s franchise.

�� (3) This section does not modify a manufacturer�s, distributor�s or importer�s contractual right of setoff.

�� (4) In addition to any other payments required under this section, a manufacturer, distributor or importer, after terminating, canceling, failing to renew or discontinuing a dealer�s franchise, shall pay to the dealer a sum equal to the current, fair rental value of the dealer�s established place of business for a period of one year after the effective date of termination, cancellation, nonrenewal or discontinuance, or a sum equal to the current, fair rental value for the remaining period of the dealer�s lease, whichever is less.

�� (5) Subsection (4) of this section applies only to the extent that a dealer uses the dealer�s established place of business to perform sales and service obligations under the manufacturer�s, distributor�s or importer�s franchise agreement.

�� (6) A manufacturer, distributor or importer need not make the payment described in subsection (4) of this section if the dealer terminates, cancels, fails to renew or discontinues the franchise.

�� (7) This section does not relieve a new motor vehicle dealer, lessor or other owner of an established place of business from an obligation to mitigate damages.

�� (8) If a manufacturer, distributor or importer terminates, cancels, fails to renew or discontinues a dealer�s franchise because the manufacturer, distributor or importer has terminated a line-make, the manufacturer, distributor or importer shall compensate the dealer for expenses the dealer incurred within two years before the termination date of the line-make to finish constructing, altering or remodeling the dealer�s facility to meet the manufacturer�s, distributor�s or importer�s requirements for participating in an incentive program. For the purposes of this subsection:

�� (a) A dealer finishes constructing, altering or remodeling the dealer�s facility when the manufacturer, distributor or importer gives final written approval of the construction, alteration or remodeling or the dealer receives a certificate of occupancy, whichever is later; and

�� (b) Expenses the dealer incurred to finish constructing, altering or remodeling the dealer�s facility are the actual costs the dealer incurred, less:

�� (A) Any assistance the dealer received from the manufacturer, distributor or importer within two years before the termination date of the line-make for constructing, altering or remodeling the dealer�s facility to meet the manufacturer�s, distributor�s or importer�s requirements for participating in an incentive program; and

�� (B) An amount for depreciation equivalent to one thirty-ninth of the total cost of the construction, alteration or remodeling per year, beginning in the year after the dealer finishes the construction, altering or remodeling, in accordance with applicable provisions of the Internal Revenue Code. [1989 c.716 �2; 2001 c.216 �3; 2007 c.71 �203; 2009 c.627 �1; 2015 c.584 �3]

�� 650.150 Enjoining establishment of certain franchises or relocation of existing dealership in same market area; complaint; determination of good cause; when offer of new franchise or relocated dealership required; notice to existing or former dealerships; attorney fees. (1) A dealer or former dealer may enjoin a manufacturer, distributor or importer, or the manufacturer�s, distributor�s or importer�s successor in interest, from franchising an additional motor vehicle dealership of the same line-make within the dealer�s or former dealer�s relevant market area for good cause, provided that the dealer files a complaint with a court of competent jurisdiction within 60 days of receiving the notice specified in subsection (6) of this section. For purposes of this section, �relevant market area� has the meaning given that term in ORS 650.120, but other factors such as actual sales and service area must be considered.

�� (2) A dealer or former dealer may enjoin a manufacturer, distributor or importer, or the manufacturer�s, distributor�s or importer�s successor in interest, from relocating an existing motor vehicle dealership of the same line-make within the dealer�s or former dealer�s relevant market area for good cause, provided that the dealer or former dealer files a complaint with a court of competent jurisdiction within 60 days of receiving the notice specified in subsection (6) of this section. This subsection does not apply to an existing dealership or to the dealership of a replacement dealer that is relocating to a site within a one-mile radius of its existing site if the relevant market area of the existing or replacement dealership is not more than 10 miles, within a two-mile radius of its existing site if the relevant market area of the existing or replacement dealership is not more than 15 miles and within a three-mile radius of the existing site if the relevant market area of the existing or replacement dealership is more than 15 miles.

�� (3)(a) A dealer or former dealer may enjoin a manufacturer, distributor or importer, or the manufacturer�s, distributor�s or importer�s successor in interest, from franchising a replacement dealer to operate a dealership of the same line-make within the dealer�s or former dealer�s relevant market area for good cause, provided that the franchising of the replacement dealer has not occurred within one year of the expiration or termination of the former franchise and the dealer files a complaint with a court of competent jurisdiction within 60 days of receiving the notice specified in subsection (6) of this section. For the purposes of this section, �relevant market area� has the meaning given that term in ORS 650.120, but other factors such as actual sales and service area must be considered.

�� (b) Notwithstanding paragraph (a) of this subsection, when good cause exists as provided in subsection (5) of this section, a dealer or former dealer may enjoin a manufacturer, distributor or importer, or the manufacturer�s, distributor�s or importer�s successor in interest, under this subsection within five years of the expiration or termination of the former franchise without regard to when the franchising of the replacement dealer took place or will take place.

�� (4) In determining whether good cause exists pursuant to subsection (1), (2) or (3) of this section, the court may consider all factors that the court considers relevant, but in any case shall consider the following factors:

�� (a) Whether threats or other coercive action, oral or written, were made to or taken against the dealer by the manufacturer, distributor or importer.

�� (b) Whether the dealer is asked to terminate one franchise in order to keep another franchise.

�� (c) Whether the manufacturer, distributor or importer, or the manufacturer�s, distributor�s or importer�s successor in interest, breached the terms or provisions of a franchise.

�� (d) Whether the manufacturer, distributor or importer, or the manufacturer�s, distributor�s or importer�s successor in interest, engaged in conduct prohibited under ORS

ORS 83.890

83.890 and 83.895:

�� (1) �Goods� has the meaning for that term provided in ORS 83.010.

�� (2) �Motor vehicles� means a motor vehicle as defined in ORS 83.510, purchased primarily for personal, family or household purposes and not primarily for business or commercial purposes.

�� (3) �Retail charge agreement� has the meaning for that term provided by ORS 83.010, and includes a revolving charge agreement or charge agreement.

�� (4) �Retail installment contract� or �contract� means a retail installment contract for the sale of motor vehicles, goods or services.

�� (5) �Seller� includes a motor vehicle dealer as defined in ORS 83.510.

�� (6) �Services� has the meaning given that term in ORS 83.010. [1977 c.274 �5; 1981 c.910 �5; 2001 c.117 �15]

�� 83.880 Sale of motor vehicles, goods or services as time sale rather than loan. A retail installment contract or retail charge agreement for the sale of motor vehicles, goods or services constitutes a bona fide time sale rather than a loan or a use of money; provided that if the contract covers motor vehicles, goods or services purchased primarily for personal, family or household use and not primarily for commercial or business use, the contract also clearly and specifically discloses both a cash price, using the term �cash price� or �cash sale price,� and a deferred payment price, using the term �deferred payment price� or �time sale price,� or if the agreement complies with ORS 83.080. This section shall apply notwithstanding that the contract is intended to be transferred, or is transferred, to a holder pursuant to a business relationship characterized by one or more of the following:

�� (1) All or any part of the seller�s contracts are transferred to the holder;

�� (2) The holder provides contract forms to the seller and instructions for the use of the forms;

�� (3) The holder investigates the creditworthiness of the buyer before or after the sale;

�� (4) The price the holder pays the seller for the contract is more than, equal to, or less than that which the retail buyer has contracted to pay to the seller;

�� (5) The transfer to the holder takes place concurrently with or within a short time of the sale;

�� (6) The transfer is with or without recourse to the seller; or

�� (7) The seller purchases services or borrows money from the holder. [1977 c.274 �2; 1981 c.910 �6; 1987 c.674 �2]

�� 83.885 Sale of motor vehicles, personal property or services for business or commercial purposes as time sale rather than loan. A retail installment contract for the sale of motor vehicles, other personal property or services purchased primarily for business or commercial purposes, which discloses both a cash price and a deferred payment or time price, constitutes a bona fide time sale rather than a loan or use of money, notwithstanding that the contract is intended to be transferred, or is transferred, to a holder pursuant to a business relationship however characterized. [1977 c.274 �6]

�� 83.890 Notice required in contract when seller intends to transfer contract. (1) If the seller intends to transfer the retail installment contract to a holder, who has agreed with the seller to collect payments directly from the retail buyer, the contract shall contain the following notice which shall be in at least 8-point type, or elite typewriter type, and be located on the same side of the page as the customer�s signature:

�� NOTICE: The seller intends to sell this contract to (insert name and mailing address of holder) which, if it buys the contract, will become the owner of the contract and your creditor. After the sale of this contract, all questions concerning either terms of the contract or payments should be directed to the buyer of the contract at the address indicated above.

�� (2) If the contract is transferred to a holder other than the one identified in the notice, or is retained by the seller, the seller shall cause notice in writing of the name and address of the actual holder to be delivered to the retail buyer within 10 days of the decision. [1977 c.274 �3]

�� 83.895 Effect of seller�s failure to provide notice. Any seller who violates ORS 83.890 shall be subject to the provisions contained in ORS 83.170. [1977 c.274 �4]

PENALTIES

�� 83.990 Penalties. (1) Any person who violates any provision of ORS 83.510 to 83.680 commits a Class A violation.

�� (2) A willful violation of ORS 83.520 to 83.600 or 83.650 to 83.670 by any person bars recovery of any finance charge, delinquency or collection charge or refinancing charge on the retail installment contract involved.

�� (3) Notwithstanding the provisions of subsection (1) or (2) of this section, any failure to comply with any provision of ORS 83.510 to 83.680 may be corrected within 10 days after the holder is notified of the failure in writing by the buyer, and, if so corrected, neither the seller nor the holder is subject to any penalty.

�� (4) Any person who willfully and intentionally violates any provision of ORS 83.010 to 83.190 commits a Class B misdemeanor. Violation of any order or injunction issued pursuant to ORS 83.010 to 83.190 constitutes prima facie proof of a violation of this subsection.

�� (5) A person that violates a provision of ORS 83.710 to 83.750 engages in an unlawful practice under ORS 646.608. [1957 c.625 �27; 1961 c.725 �401; subsection (4) enacted as 1963 c.489 �17; 1999 c.1051 �148; 2011 c.597 �153; 2025 c.160 �1]

ORS 830.082

830.082, the State Marine Board shall:

�� (1) Set a minimum standard of boating safety education. The minimum standard shall be consistent with the applicable standard established or approved by the National Association of State Boating Law Administrators. The board by rule may update the minimum standard as necessary.

�� (2) Create a boating safety course and examination designed to educate and test for the minimum standard established pursuant to subsection (1) of this section.

�� (3) Create an equivalency exam that may substitute for taking the boating safety course.

�� (4) Incorporate volunteer boating safety education programs to the maximum extent possible.

�� (5) Allow use of commercially provided boating safety courses, provided the courses meet the standard adopted by the board.

�� (6) Accept proof of prior completion of any approved boating safety course as meeting the requirement for a boating safety course.

�� (7) Establish a fee for the boating safety education card issued under ORS 830.086 that may not exceed $20.

�� (8) Promote the fact that insurance discounts of 10 percent to 15 percent are widely available for taking a boating safety course that meets the minimum standard established pursuant to subsection (1) of this section. [1999 c.716 �3; 2001 c.104 �311; 2019 c.156 �1; 2019 c.389 �1]

�� Note: See note under 830.082.

�� 830.086 Boating safety education card; requirements; fee. A person may obtain a boating safety education card if the person:

�� (1) Is at least 12 years of age;

�� (2) Passes the boating safety course and examination described in ORS 830.084 (2), or the equivalency exam described in ORS 830.084 (3), or submits proof to the satisfaction of the State Marine Board that the person has taken a boating safety course that is substantively equivalent to the boating safety course described in ORS 830.084; and

�� (3) Pays the fee required by the board. [1999 c.716 �4; 2001 c.104 �312; 2019 c.156 �3; 2019 c.431 �9]

�� Note: See note under 830.082.

�� 830.088 Operation of motorboat by person 12 to 15 years of age. A person 12 to 15 years of age who has obtained a boating safety education card may operate a motorboat with an engine of 10 horsepower or less. In addition, a person 12 to 15 years of age who has obtained a boating safety education card may operate a motorboat with an engine greater than 10 horsepower if accompanied by and under the direct supervision of a parent, guardian or responsible person 16 years of age or older who has obtained a boating safety education card. [1999 c.716 �5; 2019 c.156 �4; 2019 c.431 �10]

�� Note: See note under 830.082.

�� 830.090 Operation of motorboat by person 16 years of age or older. A person may operate a motorboat with an engine greater than 10 horsepower if the person:

�� (1)(a) Is at least 16 years of age; and

�� (b) Obtains a boating safety education card pursuant to ORS 830.086; or

�� (2) Is accompanied by and under the direct supervision of a person 16 years of age or older who has obtained a boating safety education card pursuant to ORS 830.086. [1999 c.716 �6; 2019 c.156 �5; 2019 c.431 �11]

�� Note: See note under 830.082.

�� 830.092 Exemption from requirement to obtain boating safety education card. A boating safety education card is not required if a person:

�� (1) Is at least 16 years of age and rents a motorboat with an engine greater than 10 horsepower and completes a required dockside safety checklist before operating the boat;

�� (2) Possesses a current commercial fishing license as required by ORS 508.235;

�� (3) Possesses a valid United States Coast Guard commercial motorboat operator�s license; or

�� (4) Is not a resident of this state, holds a boating safety education card approved by the National Association of State Boating Law Administrators and has the card in the person�s possession. [1999 c.716 �7; 2003 c.14 �499; 2019 c.156 �2]

�� Note: See note under 830.082.

�� 830.094 Boating safety education card required to operate motorboat. A person operating a motorboat shall carry the person�s boating safety education card on the boat and shall present the card to a peace officer upon request by the peace officer. [1999 c.716 �8; 2003 c.14 �500; 2019 c.156 �6]

�� Note: See note under 830.082.

�� 830.096 Conditional suspension of fine for violation of boating safety requirements. In any proceeding for a violation of ORS 830.088, 830.090, 830.092 or 830.094, the court shall conditionally suspend all or part of the fine to be imposed on the defendant if the defendant appears personally and agrees to complete, at the defendant�s own expense, a boating safety course approved by the State Marine Board under ORS 830.084 within the time limits imposed by the court. [1999 c.716 �14; 2001 c.104 �313]

�� Note: 830.096 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 830 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

STATE MARINE BOARD

�� 830.100 Boating safety policy. It is the policy of this state to promote safety for persons and property in and connected with the use, operation and equipment of boats and to promote uniformity of laws relating thereto. [Formerly 488.710]

�� 830.105 State Marine Board. (1) There hereby is created the State Marine Board consisting of five members to be appointed by the Governor and to serve at the pleasure of the Governor.

�� (2) Each member shall be a resident of this state, a citizen of the United States, and at the time of appointment shall have resided in this state for at least one year.

�� (3) All appointments of members of the board by the Governor are subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. [Formerly

ORS 830.210

830.210 to 830.420 and 830.475 to 830.490. [Formerly 488.025; 2019 c.155 �3]

�� 830.415 Records of operator of boat livery. The operator of a boat livery shall make and preserve for at least six months a written record of:

�� (1) The name of each person who hires a boat from the livery.

�� (2) The identifying number of the boat.

�� (3) The date on which the boat is hired, and the hour of departure from the livery.

�� (4) The expected date and hour of return.

�� (5) The date and hour of return. [Formerly 488.098]

�� 830.420 Minimum equipment requirements for rental or charter boats; rules; inspection; cancellation or revocation of certificate for failure to comply. (1) The State Marine Board shall provide by rule minimum equipment requirements for boats rented or chartered to the public. The rules shall be made in accordance with ORS chapter 183.

�� (2) Designated representatives of the board may annually inspect all rental or charter boats to check for the equipment required by the board. Any inspections conducted shall be coordinated with other state and federal agencies to minimize duplication of vessel inspections and boardings.

�� (3) After a hearing upon 10 days� notice to the owner of the boat, the board may cancel or revoke the certificate of number for any boat rented or chartered to the public if it does not equal or exceed the minimum equipment requirements provided by the board. [Formerly 488.026]

�� 830.425 Minimum requirements for boat livery operation. (1) A person may not act as an operator of a boat livery without a boat livery registration issued by the State Marine Board.

�� (2) Application for a boat livery registration must be made in the form prescribed by the board and must contain the following:

�� (a) The applicant�s name.

�� (b) The applicant�s business address and telephone number.

�� (c) Proof of registration with the Secretary of State, if required.

�� (d) The number and types of boats provided by the livery at the time of registration.

�� (e) Any other information the board considers necessary.

�� (3) Every two years, each operator of a boat livery shall renew the boat livery registration by submitting a renewal application in the form prescribed by the board.

�� (4) An operator of a boat livery shall display proof of compliance with this section in the form and manner prescribed by the board. [2019 c.155 �2]

CHARTER BOAT REGULATION

�� 830.430 Definitions for ORS 830.430 to 830.465 and 830.997. As used in ORS 830.430 to 830.465 and 830.997:

�� (1) �Charter boat� means:

�� (a) A boat used to carry seven or more passengers for hire for angling, sightseeing or other recreational purposes; or

�� (b) A boat that is licensed under ORS 830.447.

�� (2) �Charter boat� does not include a �passenger vessel� or �small passenger vessel,� as defined by the State Marine Board by rule, that:

�� (a) Has been inspected and documented by the United States Coast Guard;

�� (b) Carries more than 12 passengers for hire; and

�� (c) Operates east of the demarcation lines described in the International Collision Regulations at Sea of 1972 on waters identified by the board by rule. [1989 c.885 �2; 2013 c.146 �1; 2021 c.123 �3]

�� 830.435 Charter boat license; reciprocity with Washington license holders. (1) Except as otherwise provided in this section, a person may not engage in the business of carrying seven or more passengers for hire for angling, sightseeing or other recreational purposes on the waters of this state without first obtaining a charter boat license from the State Marine Board.

�� (2) A person who holds a valid license or registration issued by the State of Washington may engage in the business of carrying passengers for hire for angling, sightseeing or other recreational purposes in this state without obtaining a charter boat license from the board if:

�� (a) The person operates a charter boat that leaves from and returns to a port in the State of Washington;

�� (b) The person operates the charter boat within the jurisdiction of the State of Oregon in the Pacific Ocean north of Cape Falcon, or in the Columbia River; and

�� (c) The State of Washington adopts provisions that allow a person to engage in the business of carrying passengers for hire for angling, sightseeing or other recreational purposes with a valid Oregon charter boat license within the jurisdiction of the State of Washington in the Pacific Ocean south of Leadbetter Point, or in the Columbia River. [1989 c.885 �3; 1993 c.132 �1; 2005 c.115 ��2,4; 2007 c.148 �2; 2013 c.146 �4]

�� 830.437 Licensing; safety standards; rules. The State Marine Board shall adopt rules establishing:

�� (1) Licensing requirements for operators of charter boats; and

�� (2) Safety standards for charter boats. [2013 c.146 �3]

�� 830.440 License application; contents; fees; bond or financial security; transfer of license; rules. (1) An individual who desires to obtain a charter boat license shall submit a written application to the State Marine Board. The application shall include information regarding the charter boat and copies of documents and licenses regarding operation of the charter boat as required by the board by rule. The application shall be accompanied by proof that the applicant has protection against liability imposed by law covering occurrences by the operator of the charter boat, and the employees of the operator, for the payment of damages for bodily injury or death in the minimum amount of $500,000 per occurrence, at any time while engaged in carrying passengers for hire. The applicant shall certify that the charter boat complies with the equipment requirements established by the board under ORS 830.450.

�� (2) With an application submitted under subsection (1) of this section, an applicant for a charter boat license must provide evidence of the charter boat�s carrying capacity in the form of a certificate issued by the boat manufacturer or the United States Coast Guard or through a process established by the board by rule.

�� (3) The annual fee for a charter boat license is:

�� (a) For charter boats owned by residents of this state if the charter boat has license, title and number issued pursuant to ORS chapter 830, $50.

�� (b) For charter boats owned by residents of this state if the charter boat has a valid marine document issued by an agency of the federal government, $100. Payment of a fee under this paragraph is in lieu of any other fee or tax imposed by the State of Oregon for possessing, owning or operating a charter boat.

�� (c) For charter boats owned by persons who reside in a state that requires Oregon residents to pay a license fee to operate a charter boat in the waters of that state, the same fee that is charged Oregon residents to operate a charter boat in the state where the nonresident applicant resides.

�� (d) For all charter boats owned by nonresidents other than those described in paragraph (c) of this subsection, $100.

�� (4)(a) A person who applies for a license to operate a charter boat and who accepts deposits from clients in excess of $100 per person or whose agent accepts such deposits, shall submit a bond or other financial security in the amount of $5,000 to the board at the time of application. The bond or other financial security shall be held by the board for the benefit of clients of the licensee who pay a money deposit to the licensee or the licensee�s agent in anticipation of services to be received. The bond or other financial security amount shall be released to such client or clients conditioned upon a failure of the licensee or the licensee�s agent to return the deposit following cancellation of services or other failure to provide agreed upon services.

�� (b) The board shall release or retain all or any portion of a bond or other financial security as described in paragraph (a) of this subsection according to the provisions of ORS chapter 183.

�� (5) A license issued pursuant to this section is transferable to a replacement charter boat of the license holder and is transferable to the purchaser of the charter boat when the charter boat is sold. [1989 c.885 �4; 1995 c.759 �3; 2007 c.148 �3; 2013 c.146 �5]

�� 830.445 Liability insurance form; notice to board upon termination of coverage; license suspension for failure to maintain insurance. (1) The liability protection required by ORS 830.440 shall be provided in one of the following ways:

�� (a) By a policy or policies of bodily injury liability insurance described as protection and indemnity insurance in the Standard American Institute Hull Form, issued by an insurer authorized by ORS chapter 731 to transact such insurance in this state.

�� (b) By a bond or bonds, issued by a surety company or companies, authorized by ORS chapter 731 to transact such business in this state.

�� (c) By evidence of insurance issued on behalf of Lloyds of London by an insurance broker authorized by ORS chapter 731 to transact such business in this state.

�� (d) By any other evidence of liability protection approved by the State Marine Board.

�� (2) If the provider of liability protection cancels or refuses to renew the protection, the provider, not less than 30 days prior to the effective date of termination of the protection, shall notify the board in writing of the termination and its effective date. Upon receipt of a liability protection termination notice, the board shall send written notice to the charter boat operator that the board will suspend that person�s charter boat license unless proof of liability protection required by ORS 830.440 is filed with the board prior to the effective date of the proposed liability protection termination. The board may suspend a charter boat license if the licensee fails to maintain in full force and effect the liability protection required by ORS 830.440. A license that has been suspended pursuant to this section may not be reinstated until proof of liability protection required by ORS 830.440 has been filed with the board. [1989 c.885 �11; 2013 c.146 �6]

�� 830.447 Optional charter boat licensing; rules. (1) The State Marine Board, by rule, shall provide for optional charter boat licensing if the boat is used to carry fewer than seven passengers for hire for angling, sightseeing or other recreational purposes.

�� (2) Upon request of a person, the board may issue a charter boat license for a boat that meets the requirements of rules adopted under this section.

�� (3) A boat that is licensed as a charter boat under this section is subject to the same provisions, conditions, fees and other requirements as are other charter boats under this chapter. [2021 c.123 �2]

�� 830.450 Equipment requirements; rules. The State Marine Board shall establish by rule the equipment that a charter boat must carry to operate in this state. The board shall consider requiring a charter boat to carry the following types of equipment:

�� (1) If the charter boat operates on navigable waters of the United States not more than 20 miles from the nearest port:

�� (a) First-aid kit.

�� (b) Automatic bilge warning light or bell for high water condition, audible or visible from each steering station.

�� (c) Depth finder.

�� (d) Life jackets.

�� (e) Light and smoke flares.

�� (f) VHF radio with frequencies appropriate to contact the United States Coast Guard.

�� (g) Power-operated bilge pumps.

�� (h) Running lights.

�� (i) Anchor and anchor chain or line.

�� (j) Displayed ocean class United States Coast Guard operator�s license.

�� (k) Engine room space ventilation system and blower system.

�� (L) Fire extinguishers.

�� (m) Magnetic compass.

�� (n) Bailing buckets or hand-operated bilge pump.

�� (o) Installed electronic position fixing device or radar navigational equipment.

�� (p) Emergency Position Indicator Radio Beacon device (EPIRB).

�� (q) Life ring.

�� (2) If the charter boat operates on navigable waters of the United States more than 20 miles from the nearest port, in addition to the equipment specified in subsection (1) of this section:

�� (a) Life raft or unsinkable shore boat.

�� (b) Navigational charts for the area in which the charter boat is operating.

�� (c) Water lights.

�� (3) If the charter boat operates on state waters:

�� (a) First-aid kit.

�� (b) Automatic bilge warning light or bell for high water condition, audible or visible from each steering station.

�� (c) Depth finder.

�� (d) Life jackets.

�� (e) Light and smoke flares.

�� (f) Power-operated bilge pumps.

�� (g) Running lights.

�� (h) Anchor and anchor chain or line.

�� (i) Engine room space ventilation system and blower system.

�� (j) Fire extinguishers.

�� (k) Magnetic compass.

�� (L) Bailing buckets or hand-operated bilge pump.

�� (m) Life ring. [1989 c.885 �5; 2013 c.146 �7]

�� 830.460 Prohibited activities. (1) A person may not make any false statement of material fact in submitting an application for a charter boat license under ORS 830.440.

�� (2) A person may not operate a charter boat to engage in activities for which a charter boat license is required:

�� (a) If the State Marine Board or a representative of the board determines upon inspection that, or if a peace officer issues a citation because, the charter boat fails to comply with any equipment requirements imposed by the board pursuant to ORS

ORS 830.270

830.270. The suspension under this subsection is not subject to hearing. The board shall reinstate a certificate of number suspended under this subsection when the boat owner submits proof satisfactory to the board that the boat has been approved by a person designated by the board as meeting the standards for sound levels established by the board.

�� (4) If the board receives notification from any court in this state that any person who is charged with a boating offense and who is the registered owner of the boat has failed to appear as required by law or has failed to comply with the judgment of the sentencing court, the board shall take the following actions:

�� (a) Notify, by certified mail, the registered owner of the boat involved in the offense of the owner�s failure to appear or comply with the judgment of the court. The notification shall include a copy of the citation issued to the owner and will inform the owner that the board will suspend the certificate of number for the boat 45 days from the date of the mailing of the notice by the board. The notice shall include a statement that a hearing may be requested in writing within 10 days of the notice. Any hearing requested under this subsection shall be limited to the issue of whether the person is the person who failed to appear or comply with the judgment of the sentencing court.

�� (b) The board shall suspend the certificate of number for the boat involved 45 days after mailing notice of intent to suspend to the owner of the boat unless a hearing has been requested or, within the 45-day notice period, the board receives notice from the court that the owner has appeared in court and is in compliance with any court order entered in the proceeding. Notice from the court may consist of a copy of any receipt or other document issued by the court indicating that the person has appeared and is in compliance with any court order.

�� (c) Upon suspending any certificate of number under this subsection, the board may charge the owner a reinstatement fee sufficient to cover the actual expenses of the board in processing the transactions described in this section. The board shall reinstate any certificate of number suspended under this subsection upon receiving payment of any reinstatement fee and notice from the court that the owner has appeared and fully satisfied the judgment of the court.

�� (5) Conviction of operating a boat while under the influence of an intoxicating liquor, cannabis, psilocybin, an inhalant or a controlled substance under ORS 830.325 constitutes grounds for suspension of a person�s certificate of number or registration for all boats owned by the person. The following provisions apply to such suspension:

�� (a) Upon receipt of a record of conviction for a violation of ORS 830.325, the board shall notify the convicted person that all certificates of number or registration issued in the person�s name are suspended. The notice shall include a statement that a hearing may be requested in writing within 10 days of the notice. Any hearing requested under this subsection shall be limited to the issue of whether the person is the person convicted.

�� (b) The suspension shall be for three years from the date of conviction if the record of conviction shows that the person willfully refused the request of a peace officer to physically submit to chemical testing of the breath or urine or a nontestimonial field sobriety test under ORS 830.505 and 830.550. Otherwise the period of suspension shall be for one year from the date of conviction. [Formerly

ORS 830.630

830.630.

�� (2)(a) The fund consists of:

�� (A) Moneys deposited into the fund under ORS 830.627.

�� (B) Moneys received under paragraph (b) of this subsection.

�� (C) Any other moneys appropriated to the fund by the Legislative Assembly.

�� (b) The board may receive gifts, grants or contributions from any source, whether public or private. Moneys received under this paragraph shall be deposited into the fund.

�� (3) The board may use the moneys in the fund:

�� (a) To award grants as provided in ORS 830.618 and 830.621.

�� (b) For any other purpose described in ORS 830.615 to 830.630. [2019 c.507 �2]

�� 830.618 Grants for nonmotorized boat waterway access; rules. (1) As used in this section, �public body� has the meaning given that term in ORS 174.109.

�� (2) The State Marine Board may award grants under this section to public bodies, federally recognized Indian tribes in Oregon and federal agencies for the purposes of assisting with:

�� (a) The purchase of real property, leases or easements in order to provide access to public waterways.

�� (b) The construction, renovation, expansion or development of public boating facilities, including but not limited to public access to waterways and public sanitation facilities.

�� (c) The construction, renovation, expansion or development of public play parks for nonmotorized boat use, such as whitewater parks and competition courses.

�� (3) For the purpose of awarding grants under this section, the board shall develop a priority list, giving highest priority to:

�� (a) Projects that serve nonmotorized boat users; and

�� (b) Public boating facilities that are determined by the board to have the greatest need for construction, renovation, expansion or development.

�� (4) The board shall adopt rules for implementing the grant program described in this section. [2019 c.507 �3]

�� 830.621 Grants for boating safety education, boating equipment and waterway access to underserved communities; rules. (1) As used in this section:

�� (a) �Nonprofit organization� means an organization described in section 501(c)(3) or (4) of the Internal Revenue Code that is exempt from income tax under section 501(a) of the Internal Revenue Code.

�� (b) �Public body� has the meaning given that term in ORS 174.109.

�� (2) The State Marine Board may award, from moneys in the Waterway Access Fund established under ORS 830.615 and the Boating Safety, Law Enforcement and Facility Account established under ORS 830.140, grants to public bodies, federally recognized Indian tribes in Oregon, private entities and nonprofit organizations, for the purposes of:

�� (a) Improving boating safety education; and

�� (b) Providing waterway access to underserved communities, as described by the board by rule.

�� (3) Grants may be awarded under this section to assist in paying for costs incurred to:

�� (a) Provide boating safety education;

�� (b) Purchase boating equipment; or

�� (c) Provide waterway access to underserved communities.

�� (4) The board shall adopt rules to implement the grant program described in this section. [2019 c.507 �4]

�� 830.624 Permit requirements for person 14 years of age or older; exceptions; rules. (1) Except as provided in subsections (3) and (4) of this section, a person 14 years of age or older shall carry a waterway access permit while operating a nonmotorized boat or a sailboat that is less than 12 feet in length, in the manner provided by the State Marine Board by rule. The person shall present proof of a permit upon request by a peace officer.

�� (2) A waterway access permit under this section is transferrable to any nonmotorized boat or a sailboat that is less than 12 feet in length.

�� (3) Subsection (1) of this section does not apply to:

�� (a) Days that the board designates, by rule, as free boating days and on which the board allows individuals to operate a boat described in subsection (1) of this section without holding an otherwise required waterway access permit.

�� (b) A person operating a boat owned by an operator of a boat livery if the operator of a boat livery displays proof of holding a waterway access permit according to rules adopted by the board.

�� (c) A person operating a boat on a federally designated wild and scenic river for which a separate fee system is in place.

�� (d) A person operating a boat if the person is engaged in law enforcement, public safety or official business of a federal, state or municipal agency, as defined by the board by rule.

�� (e) A resident of a bordering state who launches a boat from that bordering state into bordering waters, as defined by the board by rule.

�� (f) A person operating a boat if the person holds a nonmotorized boating permit, a registration or a similar authorization that is issued by another state and accepted by the board by rule.

�� (g) A person who is a member of a federally recognized Indian tribe in this state and who is engaged in tribal fishing or a tribal ceremony.

�� (h) Nonmotorized boats that are less than 10 feet in length that are:

�� (A) Engaged in whitewater recreation activities, as defined by the board by rule; and

�� (B) Operated on waters of this state identified by the board by rule.

�� (4) The board may adopt rules that provide additional exemptions from the requirement to obtain a permit under subsection (1) of this section. [2019 c.507 �5; 2025 c.381 �4]

�� 830.627 Fees for issuance of permit. (1) Notwithstanding ORS 830.790 (3), fees for issuance of a waterway access permit are as follows:

�� (a) $6 for a one-week permit.

�� (b) $20 for an annual permit.

�� (c) $35 for a biennial permit.

�� (d) The annual fee for an operator of a boat livery that offers nonmotorized boats at least 10 feet in length or sailboats at least 10 feet but less than 12 feet in length is:

�� (A) $100 for an operator who owns 6 to 10 nonmotorized boats or sailboats.

�� (B) $185 for an operator who owns 11 to 20 nonmotorized boats or sailboats.

�� (C) $340 for an operator who owns 21 or more nonmotorized boats or sailboats.

�� (2) The State Marine Board shall deposit fees received under this section into the Waterway Access Fund established under ORS 830.615 as follows:

�� (a) $4 for every one-week permit fee paid.

�� (b) $12 for every annual permit fee paid.

�� (c) $20 for every biennial permit fee paid.

�� (d) $60 for every permit fee paid by an operator of a boat livery who owns 6 to 10 nonmotorized boats or sailboats.

�� (e) $110 for every permit fee paid by an operator of a boat livery who owns 11 to 20 nonmotorized boats or sailboats.

�� (f) $200 for every permit fee paid by an operator of a boat livery who owns 21 or more nonmotorized boats or sailboats.

�� (3) The board shall deposit fees received under this section into the Aquatic Invasive Species Prevention Fund established under ORS 830.585 as follows:

�� (a) $2 for every one-week permit fee paid.

�� (b) $8 for every annual permit fee paid.

�� (c) $15 for every biennial permit fee paid.

�� (d) $40 for every permit fee paid by an operator of a boat livery who owns 6 to 10 nonmotorized boats or sailboats.

�� (e) $75 for every permit fee paid by an operator of a boat livery who owns 11 to 20 nonmotorized boats or sailboats.

�� (f) $140 for every permit fee paid by an operator of a boat livery who owns 21 or more nonmotorized boats or sailboats. [2019 c.507 �6; 2025 c.381 �3]

�� 830.630 Issuance of permits; agents. (1) The State Marine Board shall issue a waterway access permit to a person who pays the fee for the permit described in ORS 830.627.

�� (2) The board may appoint agents to issue waterway access permits.

�� (3) Agents shall issue waterway access permits in accordance with procedures prescribed by the board by rule and shall charge and collect the waterway access permit fees described in ORS 830.627.

�� (4) The board may authorize an agent who is not a board employee to charge a service fee of $2, in addition to the waterway access permit fee, for the issuance service performed by the agent.

�� (5) The board may supply the agents with waterway access permits, if applicable. [2019 c.507 �7]

TOWED WATERSPORTS PROGRAM

�� 830.640 Towed watersports program. (1) There is created within the State Marine Board a towed watersports program.

�� (2) The program shall:

�� (a) Provide towed watersports safety education;

�� (b) Issue and renew towed watersports endorsements;

�� (c) Issue and renew towed watersports motorboat certificates in the form of decals;

�� (d) Develop and promote towed watersports safety promotions, best practices and public education;

�� (e) Address wave energy management techniques and operator responsibilities for accident and property damage prevention; and

�� (f) Compile information regarding the make, model, length, dry gross weight and maximum factory ballast capacity specifications of motor boats for which the towed watersports motorboat decal was issued.

�� (3) In establishing towed watersports safety education as part of the towed watersports endorsement, the board shall:

�� (a) Set a minimum standard of competency. The board may review and update the minimum standard of competency as necessary.

�� (b) Create a towed watersports endorsement course and towed watersports endorsement examination designed to educate and test for the minimum standard of competency under paragraph (a) of this subsection.

�� (c) Create an equivalency examination that may substitute for taking the towed watersports endorsement course.

�� (d) Allow use of commercially provided towed watersports endorsement courses provided the courses meet the standard adopted by the board.

�� (e) Establish a fee under ORS 830.646 for the issuance and renewal of towed watersports endorsements. [2019 c.651 �2]

�� 830.643 Towed watersports endorsement and certificate; issuance; fees; rules. (1) A person may obtain a towed watersports endorsement if:

�� (a)(A) The person is a resident of this state and the person holds a boating safety education card issued under ORS 830.086; or

�� (B) The person is not a resident of this state and the person holds a current out-of-state boating certificate;

�� (b) The person passes the towed watersports endorsement examination, or the equivalency examination, as described in ORS 830.640;

�� (c) The person pays the fee established by the State Marine Board under ORS 830.646; and

�� (d) The person provides any other information required by the board by rule.

�� (2) A person may obtain a towed watersports motorboat certificate if the person is the owner of a registered motorboat and:

�� (a) The person holds a towed watersports endorsement issued under this section;

�� (b) The maximum loading weight of the motorboat is less than 5,500 pounds, which is the sum of the factory-specified dry gross weight of the motorboat and the factory-specified maximum factory ballast capacity of the motorboat;

�� (c) The person provides the board with information regarding the motorboat�s make, model, length, dry gross weight and maximum factory ballast capacity specifications as listed by the manufacturer; and

�� (d) The person provides any other information required by the board by rule.

�� (3) A towed watersports endorsement and towed watersports motorboat certificate issued under this section starts on the day the endorsement or certificate is issued and expires on December 31 of the last year in the two-year period.

�� (4) A person issued a towed watersports endorsement or towed watersports motorboat certificate under this section may renew the endorsement or certificate by:

�� (a) Paying the towed watersports endorsement renewal fee established under ORS 830.646; and

�� (b) Completing an application in the form and manner required by the board by rule.

�� (5) The board shall issue a towed watersports motorboat certificate in the form of a decal. The decal must be affixed to the forward portion of the motorboat, visible above the waterline and in accordance with rules adopted by the board.

�� (6) The board may appoint agents to issue towed watersports endorsements and towed watersports motorboat certificates.

�� (7) Agents shall issue towed watersports endorsements and towed watersports motorboat certificates in accordance with procedures prescribed by the board by rule and shall charge and collect the endorsement fees prescribed by law.

�� (8) The board may authorize an agent other than a board employee to charge a service fee of $2, in addition to the towed watersports endorsement fee, for the issuance service performed by the agent.

�� (9) The board shall supply the agents with towed watersports endorsements and towed watersports motorboat certificates, if applicable. [2019 c.651 �3; 2022 c.119 �1]

�� 830.646 Fees; rules. (1) The State Marine Board, by rule, shall establish and collect issuance and renewal fees for towed watersports endorsements.

�� (2) The amount of the fees may not exceed the amount to register a motorboat that is 20 feet in length.

�� (3) The fees collected shall be used:

�� (a) To cover the costs of administering and implementing the towed watersports program; and

�� (b) To assist with paying the costs of law enforcement activities related to towed watersports on waters of this state described in ORS 830.649. The board shall determine the amount required for law enforcement activities and the intervals at which the moneys shall be deposited into the Boating Safety, Law Enforcement and Facility Account established under ORS 830.140. [2019 c.651 �4]

�� 830.649 Newberg Pool Congested Zone. (1) As used in this section:

�� (a) �Newberg Pool Congested Zone� means the portion of the Willamette River beginning at Willamette Falls, river mile 26.6, and ending at the mouth of the Yamhill River, river mile 55.

�� (b) �Towed watersports� has the meaning given that term by the State Marine Board by rule, but does not include wake surfing.

�� (c) �Wake surfing� means the activity of propelling an individual forward on equipment similar to a surfboard, using a boat�s wake. The person may be holding a rope or free riding. Equipment used in this activity may include but is not limited to wake surf boards, wake boards, stand up paddleboards and hydrofoils.

�� (2) Subject to subsection (5) of this section, a person shall carry a towed watersports endorsement if the person is:

�� (a) Engaged in towed watersports; and

�� (b) On waters within the Newberg Pool Congested Zone.

�� (3) The owner of a motorboat shall display a towed watersports motorboat certificate decal if the motorboat is engaged in towed watersports within the Newberg Pool Congested Zone.

�� (4) The person shall present proof of a towed watersports endorsement and towed watersports motorboat certificate upon request by a peace officer.

�� (5) Within the Newberg Pool Congested Zone, a person may not:

�� (a) Use devices or individuals to increase wakes; and

�� (b) Engage in wake surfing. [2019 c.651 �5; 2022 c.119 �2]

�� 830.652 Additional penalties for violations occurring within Newberg Pool Congested Zone. (1) As used in this section, �Newberg Pool Congested Zone� means the portion of the Willamette River beginning at Willamette Falls, river mile 26.6 and ending at the mouth of the Yamhill River, river mile 55.

�� (2) Subject to subsection (3) of this section, the court shall, in addition to the penalties imposed under ORS 830.990 for the offenses listed in subsection (3) of this section:

�� (a) Order the person not to operate a boat for a period of one year after the date of conviction; and

�� (b) Order the person to complete a boating safety course approved by the State Marine Board.

�� (3) Subsection (2) of this section applies when:

�� (a) The peace officer who issued the citation notes on the citation that the offense occurred within the Newberg Pool Congested Zone; and

�� (b) The person has at least one prior conviction for violating any of the following statutes within a three-year period preceding the date of the person�s current conviction and the prior offense also occurred within the Newberg Pool Congested Zone:

�� (A) ORS 830.305.

�� (B) ORS 830.315.

�� (C) ORS 830.335.

�� (D) ORS 830.340.

�� (E) ORS 830.345.

�� (F) ORS 830.355.

�� (G) ORS 830.360.

�� (H) ORS 830.362.

�� (I) ORS 830.365. [2019 c.651 �8; 2022 c.119 �3]

�� Note: 830.652 and 830.655 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 830 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 830.655 Suspension. (1) Upon conviction for an offense listed in ORS 830.652, a court shall issue a notice of suspension to the State Marine Board.

�� (2) After receiving the notice of suspension, the board shall suspend for a period of one year from the date of conviction the person�s:

�� (a) Towed watersports endorsement; and

�� (b) Towed watersports motorboat certificate. [2019 c.651 �9]

�� Note: See note under 830.652.

NUMBERING, TITLES AND LICENSES

(Generally)

�� 830.700 Definitions for ORS 830.060 to 830.140 and 830.700 to 830.870. As used in ORS 830.060 to 830.140,

ORS 830.780

830.780, serve notice by first class mail or, if requested by the recipient of the notice, by electronic mail, to the owners.

�� (2) The notice required under this section must include:

�� (a) The name, mailing address and telephone number of the authorized agency.

�� (b) A statement indicating whether the authorized agency proposes to seize the vessel by reason of being an abandoned vessel, a derelict vessel, or both.

�� (c) The date by which the owner must act to prevent seizure of the vessel by the authorized agency.

�� (d) A statement indicating:

�� (A) That if the vessel is seized, the vessel and personal property left inside the vessel may be destroyed or sold and the owner may be liable for the costs of salvage, towing, storage and disposal of the vessel and personal property left inside the vessel;

�� (B) The amount of the costs that have accrued as of the date the notice is sent; and

�� (C) An estimate of the final costs.

�� (e) A statement indicating the owner may request a hearing before the authorized agency seizes the vessel, and the time and manner in which a request may be made.

�� (f) A statement that the vessel will be seized unless the problems identified in the notice are remedied and the vessel is moved to a place where it can be lawfully kept within the specified time frame. The vessel and the personal property left inside may be immediately reclaimed by establishing to the agency�s satisfaction proof of ownership or right to possession and payment of the costs that have accrued.

�� (g) A statement that the owner may be cited for abandoning a vessel or possession of a derelict vessel under ORS 830.944.

�� (3) An owner of a vessel may request a hearing before an authorized agency seizes a vessel under ORS 830.908 to 830.948 by submitting a request for a hearing within the time frame specified by the authorized agency, which must be at least 10 business days after the notice required by this section is given. The request must indicate specific grounds on which seizure of the vessel is challenged. [2013 c.680 �4; 2025 c.90 �4]

�� 830.919 [1999 c.692 �7; 2003 c.693 �9; repealed by 2013 c.680 �16]

�� 830.920 [Formerly 488.665; repealed by 1999 c.692 �13]

�� 830.922 [1999 c.692 �8; 2003 c.693 �10; repealed by 2013 c.680 �16]

�� 830.923 Seizure without notice. An authorized agency may immediately remove and dispose of marine debris without notice. [2013 c.680 �5; 2025 c.90 �5]

�� 830.924 [1999 c.692 �9; 2003 c.693 �11; repealed by 2013 c.680 �16]

�� 830.925 [Formerly 488.670; repealed by 1999 c.692 �13]

�� 830.926 [2003 c.693 �2; 2013 c.680 �13; renumbered 830.948 in 2013]

�� 830.927 [1999 c.692 �10; 2003 c.693 �12; repealed by 2013 c.680 �16]

�� 830.928 [2013 c.680 �5a; repealed by 2025 c.90 �13]

�� 830.930 [Formerly 488.675; repealed by 1999 c.692 �13]

�� 830.931 [2013 c.680 �6; repealed by 2025 c.90 �13]

�� 830.933 Reclamation of seized vessel and personal property. (1) At any time before the date specified in the notice given pursuant to ORS 830.918, any owner may reclaim the vessel or personal property left inside the vessel by:

�� (a) Paying all costs incurred by the authorized agency in salvaging, towing and storing the vessel and the personal property left inside the vessel; and

�� (b) Establishing to the satisfaction of the authorized agency that the owner is able to move the vessel to a place where the vessel can be lawfully kept.

�� (2) If a vessel is seized under ORS 830.908 to 830.948, title to the vessel and all personal property found in the vessel vests in the authorized agency, and the authorized agency may sell or otherwise dispose of the vessel and the property. [2013 c.680 �9; 2025 c.90 �6]

�� 830.935 [Formerly 488.680; repealed by 1999 c.692 �13]

�� 830.936 Hearing. (1) If an owner of a vessel requests a hearing as provided in ORS 830.918, the authorized agency may not seize the vessel until after the hearing.

�� (2) If an owner of a vessel requests a hearing as provided in ORS 830.918, the authorized agency shall set a time for the hearing that is no more than 10 business days after the authorized agency receives the request. The authorized agency shall provide notice of the hearing to the person requesting the hearing, and to all other persons who were given notice under ORS 830.918.

�� (3) If an owner of a vessel requests a hearing conducted under this section and fails to appear at the hearing, the owner is not entitled to another hearing and the authorized agency shall seize and dispose of the vessel and any personal property left inside as provided in ORS 830.933.

�� (4) An authorized agency shall conduct a single hearing under this section for all requests for hearing that relate to the same vessel.

�� (5) If the notice given under ORS 830.918 indicates that the authorized agency proposes to seize a vessel by reason of being an abandoned vessel, and the owner of a vessel requests a hearing under ORS 830.918, the owner may present a plan of action for moving the vessel to a place where the vessel can be lawfully kept. If the notice given under ORS 830.918 indicates that the authorized agency proposes to seize a vessel by reason of being a derelict vessel, and the owner of a vessel requests a hearing under ORS 830.918, the owner may present a plan of action for remedying the problems identified in the notice. If the hearing officer approves the plan of action, the hearing officer by order may establish a time for moving the vessel, or remedying the problems, that is later than the time specified in the notice. If the hearing officer issues an order under this subsection, and the owner fails to move the vessel, or to remedy the problems, within the time allowed, the authorized agency may seize the vessel and take such other action authorized under ORS 830.908 to 830.948 without further notice to the owner or opportunity for hearing.

�� (6) If an authorized agency determines after a hearing under this section that seizure of the vessel is not warranted under the law, the authorized agency shall immediately release custody of the vessel and the personal property inside the vessel to the owner who requested the hearing and may not charge the owner any costs incurred by the agency in salvaging, towing or storage.

�� (7) If an authorized agency determines after a hearing under this section that seizure of the vessel is warranted, the authorized agency shall seize and dispose of the vessel and any personal property left inside as provided in ORS 830.933.

�� (8) An authorized agency shall mail a written statement of the authorized agency�s determination to all owners who requested a hearing conducted under this section.

�� (9) The hearing officer at a hearing under this section may be an officer, official or employee of the authorized agency but may not have participated in any determination or investigation related to seizure of the vessel that is the subject of the hearing.

�� (10) If the authorized agency conducting a hearing under this section is a state agency, the determination of the authorized agency is an order other than a contested case and is subject to review under ORS 183.484. If the authorized agency conducting a hearing under this section is not a state agency, judicial review of the order is as provided in ORS 34.010 to 34.100. [2013 c.680 �7; 2025 c.90 �7]

�� 830.938 Liability for costs of salvage, towing and storage. (1) Except as otherwise provided in ORS 830.908 to 830.948:

�� (a) The owner of an abandoned vessel or a derelict vessel is liable to an authorized agency for all costs arising out of salvage, towing, storage and disposal of a vessel seized under ORS 830.908 to 830.948; and

�� (b) If an authorized agency has probable cause to believe that a person other than the owner causes a vessel to be abandoned or derelict knowingly, intentionally, recklessly or with criminal negligence, as those terms are defined in ORS

ORS 84.001

84.001 to 84.061 may not be varied by agreement.

�� (5) Whether an electronic record or electronic signature has legal consequences is determined by ORS 84.001 to 84.061 and other applicable law. [2001 c.535 �5]

�� 84.014 Consent for conducting transaction with governmental agency. Notwithstanding the provisions of ORS 84.013, a governmental agency does not require an individual�s agreement or consent to conduct a transaction by electronic means or create or retain an electronic record of a transaction if the governmental agency conducts transactions by electronic means or creates, sends, accepts, generates, communicates, stores, processes, uses or relies on electronic records of transactions regularly and in the course of the governmental agency�s ordinary business. [2011 c.39 �2]

�� 84.016 Construction and application. ORS 84.001 to 84.061 must be construed and applied:

�� (1) To facilitate electronic transactions consistent with other applicable law;

�� (2) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and

�� (3) To effectuate the general purpose of ORS 84.001 to 84.061 to make uniform the law with respect to the subject of ORS 84.001 to 84.061 among states enacting it. [2001 c.535 �6]

�� 84.019 Legal recognition of electronic records, electronic signatures and electronic contracts. (1) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.

�� (2) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.

�� (3) If a law requires a record to be in writing, an electronic record satisfies the law.

�� (4) If a law requires a signature, an electronic signature satisfies the law. [2001 c.535 �7]

�� 84.022 Provision of information in writing; presentation of records. (1) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.

�� (2) If a law other than ORS 84.001 to 84.061 requires a record (i) to be posted or displayed in a certain manner, (ii) to be sent, communicated or transmitted by a specified method, or (iii) to contain information that is formatted in a certain manner, the following rules apply:

�� (a) The record must be posted or displayed in the manner specified in the other law.

�� (b) Except as otherwise provided in subsection (4)(b) of this section, the record must be sent, communicated or transmitted by the method specified in the other law.

�� (c) The record must contain the information formatted in the manner specified in the other law.

�� (3) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.

�� (4) The requirements of this section may not be varied by agreement, but:

�� (a) To the extent a law other than ORS 84.001 to 84.061 requires information to be provided, sent or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (1) of this section that the information be in the form of an electronic record capable of retention may also be varied by agreement; and

�� (b) A requirement under a law other than ORS 84.001 to 84.061 to send, communicate or transmit a record by first-class mail, postage prepaid may be varied by agreement to the extent permitted by the other law. [2001 c.535 �8]

�� 84.025 Attribution and effect of electronic record and electronic signature. (1) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.

�� (2) The effect of an electronic record or electronic signature attributed to a person under subsection (1) of this section is determined from the context and surrounding circumstances at the time of its creation, execution or adoption, including the parties� agreement, if any, and otherwise as provided by law. [2001 c.535 �9]

�� 84.028 Effect of change or error. If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:

�� (1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.

�� (2) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:

�� (a) Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;

�� (b) Takes reasonable steps, including steps that conform to the other person�s reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and

�� (c) Has not used or received any benefit or value from the consideration, if any, received from the other person.

�� (3) If neither subsection (1) nor (2) of this section applies, the change or error has the effect provided by other law, including the law of mistake, and the parties� contract, if any.

�� (4) Subsections (2) and (3) of this section may not be varied by agreement. [2001 c.535 �10]

�� 84.031 Notarization and acknowledgment. If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record. [2001 c.535 �11]

�� 84.034 Retention of electronic records; originals. (1) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record that:

�� (a) Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and

�� (b) Remains accessible for later reference.

�� (2) A requirement to retain a record in accordance with subsection (1) of this section does not apply to any information the sole purpose of which is to enable the record to be sent, communicated or received.

�� (3) A person may satisfy subsection (1) of this section by using the services of another person if the requirements of subsection (1) of this section are satisfied.

�� (4) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (1) of this section.

�� (5) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (1) of this section.

�� (6) A record retained as an electronic record in accordance with subsection (1) of this section satisfies a law requiring a person to retain a record for evidentiary, audit or like purposes, unless a law enacted after June 22, 2001, specifically prohibits the use of an electronic record for the specified purpose.

�� (7) This section does not preclude a governmental agency of this state from specifying additional requirements for the retention of a record subject to the agency�s jurisdiction. [2001 c.535 �12]

�� 84.037 Admissibility in evidence. In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form. [2001 c.535 �13]

�� 84.040 Automated transaction. In an automated transaction, the following rules apply:

�� (1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents� actions or the resulting terms and agreements.

�� (2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual�s own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and that the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance.

�� (3) The terms of a contract are determined by the substantive law applicable to it. [2001 c.535 �14]

�� 84.043 Time and place of sending and receipt. (1) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:

�� (a) Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;

�� (b) Is in a form capable of being processed by that system; and

�� (c) Enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient and that is under the control of the recipient.

�� (2) Unless otherwise agreed between a sender and the recipient, an electronic record is received when:

�� (a) It enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and

�� (b) It is in a form capable of being processed by that system.

�� (3) Subsection (2) of this section applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under subsection (4) of this section.

�� (4) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender�s place of business and to be received at the recipient�s place of business. For purposes of this subsection, the following rules apply:

�� (a) If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction.

�� (b) If the sender or the recipient does not have a place of business, the place of business is the sender�s or recipient�s residence, as the case may be.

�� (5) An electronic record is received under subsection (2) of this section even if no individual is aware of its receipt.

�� (6) Receipt of an electronic acknowledgment from an information processing system described in subsection (2) of this section establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.

�� (7) If a person is aware that an electronic record purportedly sent under subsection (1) of this section, or purportedly received under subsection (2) of this section, was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection may not be varied by agreement. [2001 c.535 �15]

�� 84.046 Transferable records. (1) As used in this section, �transferable record� means an electronic record that:

�� (a) Would be a note under ORS chapter 73 or a document under ORS chapter 77 if the electronic record were in writing; and

�� (b) The issuer of the electronic record expressly has agreed is a transferable record.

�� (2) A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred.

�� (3) A system satisfies subsection (2) of this section, and a person is deemed to have control of a transferable record, if the transferable record is created, stored and assigned in such a manner that:

�� (a) A single authoritative copy of the transferable record exists that is unique, identifiable and, except as otherwise provided in paragraphs (d), (e) and (f) of this subsection, unalterable;

�� (b) The authoritative copy identifies the person asserting control as:

�� (A) The person to which the transferable record was issued; or

�� (B) If the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred;

�� (c) The authoritative copy is communicated to and maintained by the person asserting control or its designated custodian;

�� (d) Copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control;

�� (e) Each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and

�� (f) Any revision of the authoritative copy is readily identifiable as authorized or unauthorized.

�� (4) Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in ORS 71.2010, of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under the Uniform Commercial Code, including, if the applicable statutory requirements under ORS 73.0302 (1), 77.5010 or 79A.3300 are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been duly negotiated or a purchaser, respectively. Delivery, possession and indorsement are not required to obtain or exercise any of the rights under this subsection.

�� (5) Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under the Uniform Commercial Code.

�� (6) If requested by a person against which enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record. [2001 c.535 �16; 2003 c.14 �32]

�� 84.049 Creation and retention of electronic records by governmental agency; conversion of records into electronic records. (1) A governmental agency of this state shall determine whether, and the extent to which, the governmental agency will create and retain electronic records or convert written records or records that exist in other forms into electronic records.

�� (2) A person with authority to create or retain custody of a record on behalf of a governmental agency may approve the conversion of the record into an electronic record in accordance with policies the governmental agency adopts. [2001 c.535 �17; 2011 c.39 �3]

�� 84.052 Acceptance and distribution of electronic records by governmental agencies. (1) Except as otherwise provided in ORS 84.034 (6), each governmental agency of this state shall determine whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use and rely upon electronic records and electronic signatures.

�� (2) To the extent that a governmental agency uses electronic records and electronic signatures under subsection (1) of this section, the governmental agency, giving due consideration to security, may specify:

�� (a) The manner and format in which the electronic records must be created, generated, sent, communicated, received and stored and the systems established for those purposes;

�� (b) If electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record and the identity of, or criteria that must be met by, any third party used by a person filing a document to facilitate the process;

�� (c) Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality and auditability of electronic records; and

�� (d) Any other required attributes for electronic records that are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.

�� (3) Except as otherwise provided in ORS 84.034 (6), ORS 84.001 to 84.061 do not require a governmental agency of this state to use or permit the use of electronic records or electronic signatures. [2001 c.535 �18]

�� 84.055 Interoperability. A governmental agency in this state that adopts standards pursuant to ORS

ORS 84.052

84.052 may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this state and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state. If appropriate, those standards may specify differing levels of standards from which governmental agencies of this state may choose in implementing the most appropriate standard for a particular application. [2001 c.535 �19]

�� 84.058 Severability clause. If any provision of ORS 84.001 to 84.061 or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions of ORS 84.001 to 84.061 that can be given effect without the invalid provision or application, and to this end the provisions of ORS 84.001 to 84.061 are severable. [2001 c.535 �20]

�� 84.061 Federal electronic signatures law partially superseded. ORS 84.001 to 84.061 constitute the adoption of the Uniform Electronic Transactions Act as approved and recommended for enactment by the National Conference of Commissioners on Uniform State Laws in 1999 and supersede the provisions of section 101 of the federal Electronic Signatures in Global and National Commerce Act (P.L. 106-229) in accordance with section 102(a) of the federal Act. [2001 c.535 �21]

�� 84.063 Rules. A governmental agency may adopt rules necessary to implement the provisions of ORS 84.014 and the amendments to ORS 84.049 by section 3, chapter 39, Oregon Laws 2011. [2011 c.39 �4]

MISCELLANEOUS PROVISIONS

�� 84.064 State Chief Information Officer duties; rules. (1) For purposes of ORS 84.049, 84.052 and 84.055, the State Chief Information Officer shall make determinations and adopt standards for state agencies.

�� (2) The State Chief Information Officer shall adopt rules to govern state agency use of electronic signatures. The rules must include control processes and procedures to ensure adequate integrity, security and confidentiality for business transactions that state agencies conduct using electronic commerce and to ensure that the transactions can be audited as is necessary for the normal conduct of business.

�� (3) As used in this section, �state agency� means every state officer and board, commission, department, institution, branch and agency of the state government, the costs of which are paid wholly or in part from funds held in the State Treasury, except the Legislative Assembly, the courts, the district attorney for each county and the officers and committees of the Legislative Assembly, the courts and the district attorney. [2001 c.535 �22; 2003 c.449 �24; 2005 c.118 �2; 2015 c.807 �9; 2023 c.281 ��22,81]

�� 84.067 State Archivist duties. Nothing in ORS 84.049 limits or modifies the powers and duties of the State Archivist under ORS 192.005 to 192.170 and 357.805 to 357.895. [2001 c.535 �23]

�� 84.070 Consumer transactions; treatment of oral communications; consent to use of electronic records. (1) As used in this section:

�� (a) �Consumer� means:

�� (A) An individual who obtains, through a transaction, products or services that are used primarily for personal, family or household purposes; and

�� (B) The legal representative of the individual.

�� (b) �Electronic record,� �information� and �transaction� have the meanings given those terms in ORS 84.004.

�� (2) Notwithstanding ORS 84.001 to 84.061, if a statute, rule or other rule of law requires that information relating to a transaction be provided or made available to a consumer in writing, the use of an electronic record to provide or make available, whichever is required, the information satisfies the requirement that the information be in writing if:

�� (a) The consumer has affirmatively consented to the use of the electronic record and has not withdrawn the consent;

�� (b) The consumer, before consenting, is provided with a clear and conspicuous statement:

�� (A) Informing the consumer of:

�� (i) Any right or option of the consumer to have the record provided or made available on paper or in other nonelectronic form; and

�� (ii) The right of the consumer to withdraw the consent to have the record provided or made available in an electronic form and of any conditions, consequences, which may include termination of the parties� relationship, or fees in the event of the withdrawal of the consent;

�� (B) Informing the consumer of whether the consent applies:

�� (i) Only to the particular transaction that gave rise to the obligation to provide or make available the record; or

�� (ii) To identified categories of records that may be provided or made available during the course of the parties� relationship;

�� (C) Describing the procedures the consumer must use to withdraw consent as provided in subparagraph (A) of this paragraph and to update information needed to contact the consumer electronically; and

�� (D) Informing the consumer:

�� (i) How, after the consent, the consumer may, upon request, obtain a paper copy of an electronic record; and

�� (ii) Whether any fee will be charged for the paper copy of an electronic record;

�� (c) The consumer:

�� (A) Before consenting, is provided with a statement of the hardware and software requirements for access to and retention of the electronic records; and

�� (B) Consents electronically, or confirms the consent electronically, in a manner that reasonably demonstrates that the consumer can access information in the electronic form that will be used to provide the information that is the subject of the consent; and

�� (d) After the consent of a consumer in accordance with paragraph (a) of this subsection, if a change in the hardware or software requirements needed to access or retain electronic records creates a material risk that the consumer will not be able to access or retain a subsequent electronic record that was the subject of the consent, the person providing the record:

�� (A) Provides the consumer with a statement of:

�� (i) The revised hardware and software requirements for access to and retention of the electronic records; and

�� (ii) The consumer�s right to withdraw consent without imposition of any fees for the withdrawal and without the imposition of any condition or consequence that was not disclosed under paragraph (b)(A) of this subsection; and

�� (B) Again complies with paragraph (c) of this subsection.

�� (3)(a) Nothing in ORS 84.001 to 84.061 affects the content or timing of any disclosure or other record required to be provided or made available to any consumer under any statute, rule or other rule of law.

�� (b) If a law enacted before October 1, 2000, expressly requires a record to be provided or made available by a specified method that requires verification or acknowledgment of receipt, the record may be provided or made available electronically only if the method used provides verification or acknowledgment of receipt, whichever is required.

�� (4) The legal effectiveness, validity or enforceability of any contract executed by a consumer may not be denied solely because of the failure to obtain electronic consent or confirmation of consent by that consumer in accordance with subsection (2)(c)(B) of this section.

�� (5) Withdrawal of consent by a consumer may not affect the legal effectiveness, validity or enforceability of electronic records provided or made available to that consumer in accordance with subsection (2) of this section before implementation of the consumer�s withdrawal of consent. A consumer�s withdrawal of consent is effective within a reasonable period of time after the provider of the record receives the withdrawal. Failure to comply with subsection (2)(d) of this section may, at the election of the consumer, be treated as a withdrawal of consent for purposes of this subsection.

�� (6) Except as otherwise provided by law, if an insurer can reliably store and reproduce an oral communication or a recording of an oral communication, the oral communication or the recording qualifies as a notice or document delivered by electronic means for the purposes of this section.

�� (7) Subsections (2) to (6) of this section do not apply to any records that are provided or made available to a consumer who has consented before June 22, 2001, to receive such records in electronic form as permitted by any statute, rule or other rule of law.

�� (8) Notwithstanding ORS 84.001 to 84.061, if a statute, rule or other rule of law requires that a contract or other record relating to a transaction be provided or made available to a consumer in writing, the legal effectiveness, validity or enforceability of an electronic record of the contract or other record may be denied if the electronic record is not in a form that is capable of being retained and accurately reproduced for later reference by all parties or persons who are entitled to retain the contract or other record.

�� (9) Subject to the requirements of subsections (2) and (10)(c) of this section, an electronic record that provides or delivers a notice, offer, disclosure, document, form, correspondence, information or other communication required or permitted under the insurance laws of this state, including but not limited to a notice of a cancellation, termination or nonrenewal of insurance, satisfies the requirement that the notice, offer, disclosure, document, form, correspondence, information or other communication be provided or made available to a consumer in writing. If proof of mailing is sufficient proof of notice, confirmation of electronic delivery of a notice in any form is sufficient proof of notice.

�� (10) Nothing in ORS 84.001 to 84.061 authorizes using an electronic record to provide or deliver any notice of:

�� (a) The cancellation or termination of utility services, including water, heat and power;

�� (b) Default, acceleration, repossession, foreclosure or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of an individual;

�� (c) The cancellation or termination of health insurance or benefits or life insurance benefits, excluding annuities; or

�� (d) Recall of a product, or material failure of a product, that risks endangering health or safety.

�� (11) ORS 84.001 to 84.061 do not apply to any document required to accompany any transportation or handling of hazardous materials, pesticides or other toxic or dangerous materials. [2001 c.535 �24; 2005 c.106 �1; 2014 c.34 �1]

�� 84.072 Conditions under which public body may send notice by electronic mail. (1) As used in this section:

�� (a) �Agreement� has the meaning given that term in ORS 84.004.

�� (b) �Public body� has the meaning given that term in ORS 174.109.

�� (2) A public body may send to a person by electronic mail a notice that a law of this state requires the public body to send by regular mail if:

�� (a) The law does not expressly prohibit or restrict the use of electronic mail as a means by which to deliver the notice;

�� (b) The person enters into an agreement with the public body in which the person provides the public body with an electronic mail address and affirmatively indicates that the public body may use the electronic mail address as a means for sending to the person a notice required by a law of this state;

�� (c) The public body, before entering into an agreement under paragraph (b) of this subsection, provides the person with a statement that, in a clear and conspicuous manner, informs the person that:

�� (A) The public body will use the electronic mail address the person provides as the means by which the public body sends to the person a notice required by a law of this state; and

�� (B) The person may withdraw the person�s agreement to receive the notice by electronic mail and may instead elect to receive the notice by regular mail; and

�� (d) The person has not withdrawn the agreement the person made under paragraph (b) of this subsection.

�� (3) A public body, in the statement described in subsection (2)(c) of this section and in each notice the public body sends by electronic mail under this section, shall describe a method by which a person who has agreed under subsection (2)(b) of this section to receive a notice by electronic mail may withdraw the person�s agreement.

�� (4) A notice sent in accordance with ORS 84.043 (1) and this section to an electronic mail address a person has provided under subsection (2) of this section is presumed to have been received as provided in ORS 84.043 (2). A person may rebut this presumption only by showing that the notice did not enter an information processing system as provided in ORS 84.043 (2)(a) or that the notice was not in the form described in ORS 84.043 (2)(b).

�� (5)(a) Except as otherwise provided in this section, ORS 84.001 to 84.061 apply to a notice that a public body sends under this section and to an agreement between a public body and a person under this section.

�� (b) For purposes of this section, a notice that a public body sends by electronic mail is an electronic record as defined in ORS 84.004. [2011 c.242 �1]

CHAPTER 85

[Reserved for expansion]

ORS 86.726

86.726 to request or participate in a resolution conference with a grantor;

�� (5) The beneficiary has complied with the provisions of ORS 86.748;

�� (6) The grantor has not complied with the terms of any foreclosure avoidance measure upon which the beneficiary and the grantor have agreed; and

�� (7) An action has not been commenced to recover the debt or any part of the debt then remaining secured by the trust deed, or, if an action has been commenced, the action has been dismissed, except that:

�� (a) Subject to ORS 86.010 and the procedural requirements of ORCP 79 and 80 and the Oregon Receivership Code, as applicable, an action may be commenced to appoint a receiver or to obtain a temporary restraining order during foreclosure of a trust deed by advertisement and sale, except that a receiver may not be appointed with respect to a single-family residence that the grantor, the grantor�s spouse or the grantor�s minor or dependent child occupies as a principal residence.

�� (b) An action may be commenced to foreclose, judicially or nonjudicially, the same trust deed as to any other property covered by the trust deed, or any other trust deeds, mortgages, security agreements or other consensual or nonconsensual security interests or liens that secure repayment of the debt. [Formerly 86.735; 2017 c.236 �1; 2017 c.358 �48]

�� 86.753 [1983 c.719 �11; 1985 c.817 �5; 1989 c.190 �4; 1999 c.561 �1; renumbered 86.778 in 2013]

�� 86.755 [1959 c.625 �9; 1965 c.457 �6; 1983 c.719 �7; 1985 c.817 �6; 1989 c.190 �5; 1989 c.506 �1; 2009 c.883 ��1,1a; 2011 c.42 �10; 2011 c.510 ��2,7; 2011 c.712 �2; 2012 c.112 ��9,10; 2013 c.76 ��1,2; 2013 c.465 ��1,2; renumbered 86.782 in 2013]

�� 86.756 Notice to grantor; requirements; additional forms; rules. (1) If a notice of default is recorded for property that is subject to a residential trust deed, the sender of a notice of sale under ORS 86.764 shall, on or before the date the notice of sale is served or mailed, give notice under this section to the grantor by both first class and certified mail with return receipt requested to all addresses on file with the sender for the grantor, including post office boxes. Subject to any rules adopted under subsection (2) of this section, the notice must be in substantially the following form and printed in at least 14-point type:

NOTICE:

YOU ARE IN DANGER OF LOSING

YOUR PROPERTY IF YOU DO NOT

TAKE ACTION IMMEDIATELY

This notice is about your mortgage loan on your property at ___ (address).

Your lender has decided to sell this property because the money due on your mortgage loan has not been paid on time or because you have failed to fulfill some other obligation to your lender. This is sometimes called �foreclosure.�

The amount you would have had to pay as of _ (date) to bring your mortgage loan current was $___. The amount you must now pay to bring your loan current may have increased since that date.

By law, your lender has to provide you with details about the amount you owe, if you ask. You may call _ (telephone number) to find out the exact amount you must pay to bring your mortgage loan current and to get other details about the amount you owe. You may also get these details by sending a request by certified mail to: _.

THIS IS WHEN AND WHERE

YOUR PROPERTY WILL BE SOLD

IF YOU DO NOT TAKE ACTION:

Date and time: ___, 2_ at _

Place: ___

THIS IS WHAT YOU CAN DO

TO STOP THE SALE:

�� 1. You can pay the amount past due or correct any other default, up to five days before the sale.

�� 2. You can refinance or otherwise pay off the loan in full anytime before the sale.

�� 3. You can call _ (name) at _ (telephone number) to find out if your lender is willing to give you more time or change the terms of your loan.

�� 4. You can sell your home, provided the sale price is enough to pay what you owe.

There are government agencies and nonprofit organizations that can give you information about foreclosure and help you decide what to do. For the name and telephone number of an organization near you, please call the statewide telephone contact number at _. You may also wish to talk to a lawyer. If you need help finding a lawyer, you may call the Oregon State Bar�s Lawyer Referral Service at _ or toll-free in Oregon at _ or you may visit its website at: _. Legal assistance may be available if you have a low income and meet federal poverty guidelines. For more information and a directory of legal aid programs, go to ___.

WARNING: You may get offers from people who tell you they can help you keep your property. You should be careful about those offers. Make sure you understand any papers you are asked to sign. If you have any questions, talk to a lawyer or one of the organizations mentioned above before signing.

DATED: _, 2___

Trustee name: ___ (print)

Trustee signature: ___

Trustee telephone number: ___

�� (2) The Department of Consumer and Business Services may adopt rules prescribing the format, font size and other physical characteristics of the notice form set forth in subsection (1) of this section. The department shall adopt rules specifying the resource telephone contact numbers and website addresses the sender is to insert in completing the notice.

�� (3) When filling blanks in the notice form set forth in subsection (1) of this section, the sender of the notice shall include, stated in plain language:

�� (a) The amount of payment that was needed to bring the mortgage loan current as of the date stated in the notice; and

�� (b) One or more telephone numbers consisting of:

�� (A) A telephone number that will allow the grantor access during regular business hours to details regarding the grantor�s loan delinquency and repayment information; and

�� (B) A telephone number that will allow the grantor access during regular business hours to person-to-person consultation with an individual authorized by the beneficiary to discuss the grantor�s payment and loan term negotiation and modification options.

�� (4) Telephone numbers described in subsection (3) of this section must be toll-free numbers unless the beneficiary:

�� (a) Made the loan with the beneficiary�s own money;

�� (b) Made the loan for the beneficiary�s own investment; and

�� (c) Is not in the business of making loans secured by an interest in real estate.

�� (5) If the sender giving notice under subsection (1) of this section has actual knowledge that the grantor is not the occupant of the residential real property, the sender shall also give notice to the occupant of the property by both first class and certified mail with return receipt requested to all addresses on file with the trustee for the occupant, including post office boxes.

�� (6) Except as provided in ORS 408.515 (3), the information required under ORS 408.515 must be included with a notice under subsection (1) of this section. [Formerly 86.737; 2017 c.251 �5; 2019 c.405 �7]

�� 86.757 [2003 c.251 �2; renumbered 86.786 in 2013]

�� 86.759 [2003 c.251 �3; renumbered 86.789 in 2013]

�� 86.760 [1959 c.625 �10; 1961 c.616 �6; 1965 c.457 �7; 1979 c.879 �4; repealed by 1983 c.719 �13]

�� 86.761 Failure to give notice to grantor; remedy. (1) A grantor shall have the same rights possessed by the holder of a junior lien or interest who was omitted as a party defendant in a judicial foreclosure proceeding if:

�� (a) The notice required by ORS 86.756 is not sent to the grantor;

�� (b) The grantor does not actually receive a copy of the notice at least 25 days before the date on which the trustee conducts the sale; and

�� (c) The grantor informs the trustee, the purchaser, the beneficiary or any loan servicer in writing not later than 60 days after the purchaser takes possession of the property upon which a trust deed was foreclosed that the grantor did not receive the notice and did not have actual notice of the sale.

�� (2) The purchaser at the trustee�s sale, or the purchaser�s heirs, assigns or transferees, shall have the same rights possessed by a purchaser at a sheriff�s sale following a judicial foreclosure. [Formerly 86.739]

�� 86.764 Notice of sale for certain persons. (1) After recording a notice of default as provided in ORS 86.752 and at least 120 days before the day the trustee conducts the sale, notice of the sale with the contents described in ORS 86.771 must be served pursuant to ORCP 7 D(2) and 7 D(3) or mailed by both first class and certified mail with return receipt requested.

�� (2) The notice described in subsection (1) of this section must be served or mailed to all addresses on file with the trustee for the following persons or the legal representatives of the persons, including post office boxes:

�� (a) The grantor in the trust deed.

�� (b) Any successor in interest to the grantor whose interest appears of record, or of whose interest the trustee or the beneficiary has actual notice.

�� (c) Any person, including the Department of Revenue or another state agency, that has a lien or interest subsequent to the trust deed if the lien or interest appears of record or the beneficiary has actual notice of the lien or interest.

�� (d) A person that requests notice as provided in ORS 86.806.

�� (3) A notice served by mail under subsection (1) of this section is effective when the notice is mailed.

�� (4)(a) The disability, insanity or death of a person to whom the notice required under this section must be given does not delay or impair in any way the trustee�s right under a trust deed to foreclose under the deed. If the disability, insanity or death occurs before the notice of default is recorded, the notice required under this section must be given instead to the guardian, the conservator of the estate of the person or the administrator or personal representative of the person in the manner and by the time set forth in this section.

�� (b) If the disability, insanity or death of a person to whom the notice required under this section must be given occurs on or after the notice of default is recorded, the trustee shall, if and when the trustee has knowledge of the disability, insanity or death, promptly give the guardian, the conservator of the estate or the administrator or personal representative the required notice by sending the notice by first class and certified mail with return receipt requested to all addresses on file with the trustee for the guardian, conservator or administrator or personal representative, including post office boxes.

�� (c) If there is no administrator or personal representative of the estate of the person to whom the notice required under this section must be given, the notice may be given instead to the heirs at law or devisees of the deceased person in the manner and by the time set forth in this section.

�� (5) If the owner of real property subject to foreclosure dies and the real property is also subject to a transfer on death deed, as provided by ORS 93.948 to 93.979, the notice required under this section must be given to the beneficiary designated under the transfer on death deed. [Formerly 86.740; 2017 c.251 �6]

�� 86.765 [1959 c.625 �11; 1965 c.457 �8; renumbered 86.794 in 2013]

�� 86.767 Failure to give notice of sale; action by omitted person; defense; pleading and proving knowledge of sale; attorney fees; exclusive remedy. (1) If the trustee fails to give notice of the sale to a person entitled to notice under ORS 86.764 (2)(c), and the person did not have actual notice of the sale at least 25 days before the date on which the trustee conducted the sale, the omitted person has the same rights that the holder of a junior lien or interest who was omitted as a party defendant in a judicial foreclosure proceeding possesses, and the purchaser at the trustee�s sale or the purchaser�s heirs, assigns or transferees, have the same rights that a purchaser at a sheriff�s sale following a judicial foreclosure possesses.

�� (2) The omitted person may also commence an action against the trustee in the circuit court in the county where the real property is located. In an action against the trustee, the omitted person is entitled to damages if the omitted person proves that:

�� (a) The trustee did not give notice of the sale to the omitted person in the manner required by ORS 86.764 (2)(c) and 86.774;

�� (b) A search of the record under the name of the grantor as the grantor�s name appears on the trust deed, or as the name of the grantor�s successor in interest appears, would have revealed the omitted person�s interest;

�� (c) The omitted person could and would have cured the default under ORS 86.778; and

�� (d) The omitted person sustained actual damages as a result of the person�s loss of the opportunity to cure the default under ORS 86.778 (1).

�� (3) In an action against the trustee under subsection (2) of this section, a defendant or third party defendant may move for dismissal on the ground that the omitted person would not or could not have cured the default and reinstated the trust deed if the omitted person had received the notice required by ORS 86.764 (2)(c). The court shall hold a hearing on the motion before a hearing on a motion for summary judgment, and before trying the action. The court shall deny the motion only if the omitted person produces affidavits or other evidence sufficient for a reasonable jury to find, applying a standard of clear and convincing evidence, that the omitted person had the financial ability to cure the default under ORS 86.778 before the date of the trustee�s sale, and that the omitted person would have done so had the omitted person received the notice required by ORS 86.764 (2)(c). If the court grants the motion to dismiss, the court shall award attorney fees under subsection (5) of this section.

�� (4) In an action against the trustee or another party under this section the omitted person shall plead that the omitted person did not have actual knowledge of the sale at least 25 days prior to the date the trustee conducted the sale, but thereafter the defendant has the burden of proving that the omitted person did have notice.

�� (5) In an action brought under this section, the applicable court may, upon entering judgment, allow to the prevailing party as a part of the costs a reasonable amount for attorney fees at trial and on appeal.

�� (6) The remedies described in subsections (1) to (5) of this section are the sole remedies available to a person entitled to notice of foreclosure by advertisement and sale under ORS 86.764 (2)(c), who failed to receive notice. The person�s failure to redeem or to commence an action against the trustee within five years of the date of a trustee�s sale under ORS 86.782 bars any action under this section or any other applicable law. [Formerly 86.742]

�� 86.770 [1959 c.625 ��12,13; 1965 c.457 �9; 1981 c.811 �1; 1983 c.719 �8; 1985 c.817 �7; 1989 c.190 �6; 1997 c.786 �1; 2007 c.166 �16; 2009 c.883 �2; 2010 c.48 �1; renumbered 86.797 in 2013]

�� 86.771 Contents of notice of sale; additional notices; contents and requirements. The notice of sale must:

�� (1) List the names of the grantor, trustee and beneficiary in the trust deed, and the mailing address of the trustee.

�� (2) Describe the property the trust deed covers.

�� (3) Identify the book and page of the mortgage records that record the trust deed.

�� (4) State the default for which the foreclosure is made.

�� (5) State the sum owing on the obligation that the trust deed secures.

�� (6) State that the property will be sold to satisfy the obligation.

�� (7) Set forth the date, time and place of the sale.

�� (8) State that the right exists under ORS 86.778 to have the proceeding dismissed and the trust deed reinstated by paying the entire amount then due, together with costs, trustee�s fees and attorney fees, and by curing any other default complained of in the notice of default, at any time that is not later than five days before the date last set for the sale.

�� (9) Include language that reads substantially as follows:

�� Without limiting the trustee�s disclaimer of representations or warranties, Oregon law requires the trustee to state in this notice that some residential property sold at a trustee�s sale may have been used in manufacturing methamphetamines, the chemical components of which are known to be toxic. Prospective purchasers of residential property should be aware of this potential danger before deciding to place a bid for this property at the trustee�s sale.

�� (10) If the property includes one or more dwelling units that are subject to ORS chapter 90, include a notice addressed clearly to any individual who occupies the property and who is or might be a residential tenant. The notice required under this subsection must:

�� (a) Include contact information for the Oregon State Bar and a person or organization that provides legal help to individuals at no charge to the individual;

�� (b) Include information concerning the right the individual has to notice under ORS 86.782 (6)(c);

�� (c) Be set apart from other text in the notice of sale; and

�� (d) Be in substantially the following form:

NOTICE TO RESIDENTIAL TENANTS

�� The property in which you are living is in foreclosure. A foreclosure sale is scheduled for __ (date). The date of this sale may be postponed. Unless the lender that is foreclosing on this property is paid before the sale date, the foreclosure will go through and someone new will own this property. After the sale, the new owner is required to provide you with contact information and notice that the sale took place.

�� The following information applies to you only if you are a bona fide tenant occupying and renting this property as a residential dwelling under a legitimate rental agreement. The information does not apply to you if you own this property or if you are not a bona fide residential tenant.

�� If the foreclosure sale goes through, the new owner will have the right to require you to move out. Before the new owner can require you to move, the new owner must provide you with written notice that specifies the date by which you must move out. If you do not leave before the move-out date, the new owner can have the sheriff remove you from the property after a court hearing. You will receive notice of the court hearing.

PROTECTION FROM EVICTION

�� IF YOU ARE A BONA FIDE TENANT OCCUPYING AND RENTING THIS PROPERTY AS A RESIDENTIAL DWELLING, YOU HAVE THE RIGHT TO CONTINUE LIVING IN THIS PROPERTY AFTER THE FORECLOSURE SALE FOR:

�� 60 DAYS FROM THE DATE YOU ARE GIVEN A WRITTEN TERMINATION NOTICE, IF YOU HAVE A FIXED TERM LEASE; OR

�� AT LEAST 30 DAYS FROM THE DATE YOU ARE GIVEN A WRITTEN TERMINATION NOTICE, IF YOU HAVE A MONTH-TO-MONTH OR WEEK-TO-WEEK RENTAL AGREEMENT.

�� If the new owner wants to move in and use this property as a primary residence, the new owner can give you written notice and require you to move out after 30 days, even though you have a fixed term lease with more than 30 days left.

�� You must be provided with at least 30 days� written notice after the foreclosure sale before you can be required to move.

�� A bona fide tenant is a residential tenant who is not the borrower (property owner) or a child, spouse or parent of the borrower, and whose rental agreement:

�� Is the result of an arm�s-length transaction;

�� Requires the payment of rent that is not substantially less than fair market rent for the property, unless the rent is reduced or subsidized due to a federal, state or local subsidy; and

�� Was entered into prior to the date of the foreclosure sale.

ABOUT YOUR TENANCY

BETWEEN NOW AND THE

FORECLOSURE SALE: RENT

�� YOU SHOULD CONTINUE TO PAY RENT TO YOUR LANDLORD UNTIL THE PROPERTY IS SOLD OR UNTIL A COURT TELLS YOU OTHERWISE. IF YOU DO NOT PAY RENT, YOU CAN BE EVICTED. BE SURE TO KEEP PROOF OF ANY PAYMENTS YOU MAKE.

SECURITY DEPOSIT

�� You may apply your security deposit and any rent you paid in advance against the current rent you owe your landlord as provided in ORS 90.367. To do this, you must notify your landlord in writing that you want to subtract the amount of your security deposit or prepaid rent from your rent payment. You may do this only for the rent you owe your current landlord. If you do this, you must do so before the foreclosure sale. The business or individual who buys this property at the foreclosure sale is not responsible to you for any deposit or prepaid rent you paid to your landlord.

ABOUT YOUR TENANCY

AFTER THE FORECLOSURE SALE

�� The new owner that buys this property at the foreclosure sale may be willing to allow you to stay as a tenant instead of requiring you to move out after 30 or 60 days. After the sale, you should receive a written notice informing you that the sale took place and giving you the new owner�s name and contact information. You should contact the new owner if you would like to stay. If the new owner accepts rent from you, signs a new residential rental agreement with you or does not notify you in writing within 30 days after the date of the foreclosure sale that you must move out, the new owner becomes your new landlord and must maintain the property. Otherwise:

�� You do not owe rent;

�� The new owner is not your landlord and is not responsible for maintaining the property on your behalf; and

�� You must move out by the date the new owner specifies in a notice to you.

�� The new owner may offer to pay your moving expenses and any other costs or amounts you and the new owner agree on in exchange for your agreement to leave the premises in less than 30 or 60 days. You should speak with a lawyer to fully understand your rights before making any decisions regarding your tenancy.

�� IT IS UNLAWFUL FOR ANY PERSON TO TRY TO FORCE YOU TO LEAVE YOUR DWELLING UNIT WITHOUT FIRST GIVING YOU WRITTEN NOTICE AND GOING TO COURT TO EVICT YOU. FOR MORE INFORMATION ABOUT YOUR RIGHTS, YOU SHOULD CONSULT A LAWYER. If you believe you need legal assistance, contact the Oregon State Bar and ask for the lawyer referral service. Contact information for the Oregon State Bar is included with this notice. If you do not have enough money to pay a lawyer and are otherwise eligible, you may be able to receive legal assistance for free. Information about whom to contact for free legal assistance is included with this notice.

[Formerly 86.745; 2014 c.36 ��1,2]

�� 86.774 Service and publication of notice; recording proof of compliance. (1)(a) Except as provided in paragraph (b) of this subsection, the notice prescribed in ORS 86.771 must be served upon an occupant of the property described in the trust deed in the manner in which a summons is served pursuant to ORCP 7 D(2) and 7 D(3) at least 120 days before the day the trustee conducts the sale.

�� (b)(A) If service cannot be effected on an occupant as provided in paragraph (a) of this subsection on the first attempt, the person that attempts to effect service shall post a copy of the notice in a conspicuous place on the property on the date of the first attempt. The person that attempts to effect service shall make a second attempt to effect service on a day that is at least two days after the first attempt.

�� (B) If service cannot be effected on an occupant as provided in paragraph (a) of this subsection on the second attempt, the person that attempts to effect service shall post a copy of the notice in a conspicuous place on the property on the date of the second attempt. The person that attempts to effect service shall make a third attempt to effect service on a day that is at least two days after the second attempt.

�� (C) If service cannot be effected on an occupant as provided in paragraph (a) of this subsection on the third attempt, the person that attempts to effect service shall send a copy of the notice, bearing the word �occupant� as the addressee, to the property address by first class mail with postage prepaid.

�� (c) Service on an occupant is effected on the earlier of the date that notice is served as provided in paragraph (a) of this subsection or the first date on which notice is posted as described in paragraph (b)(A) of this subsection.

�� (2)(a) Except as provided in paragraph (b) of this subsection, a copy of the notice of sale must be published in a newspaper of general circulation in each of the counties in which the property is situated once a week for four successive weeks. The last publication must be made more than 20 days prior to the date the trustee conducts the sale.

�� (b) The copy of the notice of sale required to be published under paragraph (a) of this subsection does not need to include the notice to tenants required under ORS

ORS 86.990

86.990�� Penalties

REAL PROPERTY MORTGAGES

�� 86.010 Nature of mortgagee�s interest. A mortgage of real property is not a conveyance so as to enable the owner of the mortgage to recover possession of the property without a foreclosure and sale. This section is not intended as a limitation upon the right of the owner of real property to mortgage or pledge the rents and profits thereof, nor as prohibiting the mortgagee or pledgee of such rents and profits, or any trustee under a mortgage or trust deed from entering into possession of any real property, other than farmlands or the homestead of the mortgagor or successor in interest, for the purpose of operating the same and collecting the rents and profits thereof for application in accordance with the provisions of the mortgage or trust deed or other instrument creating the lien, nor as any limitation upon the power of a court of equity to appoint a receiver to take charge of the property and collect the rents and profits thereof.

�� 86.020 Covenant to pay money not implied. No mortgage shall be construed as implying a covenant for the payment of the sum thereby secured. When there is no express covenant for such payment contained in the mortgage, and no bond or other separate instrument to secure such payment shall have been given, the remedies of the mortgagee shall be confined to the lands mentioned in the mortgage.

�� 86.030 Absolute deed as a mortgage. When a deed purports to be an absolute conveyance in terms, but is made or intended to be made defeasible by a deed of defeasance or other instrument, the original conveyance shall not be thereby defeated or affected as against any person other than the maker of the defeasance, or the heirs or devisees of the maker, or persons having actual notice thereof, unless the instrument of defeasance is recorded with the recording officer of the county where the lands lie.

�� 86.040 Improvements on mortgaged lands. No person shall sell, dispose of, remove or damage any building or other improvements upon mortgaged lands. All such improvements are deemed a part of the mortgaged property and are subject to the mortgage lien. When any improvements are removed from the mortgaged premises in violation of this section, the mortgagee may follow and regain possession of such improvements wherever found or may recover the reasonable value thereof from the person removing them.

�� 86.050 Payment of taxes and other charges by mortgagee. Whenever a mortgagor fails to pay when due any taxes, assessments, interest on prior mortgages, insurance premiums or other charges necessary to be paid for the protection of the lien of a mortgagee, the mortgagee may pay the same, and such payments shall be added to the mortgage debt and secured by the mortgage held by the mortgagee, and shall bear interest at the same rate as specified in the mortgage. This section applies only to mortgages executed after June 3, 1929, and does not affect the right of parties to specifically contract otherwise than as provided in this section.

�� 86.060 Assignment of mortgage. Mortgages may be assigned by an instrument in writing, executed and acknowledged with the same formality as required in deeds and mortgages of real property, and recorded in the records of mortgages of the county where the land is situated.

�� 86.070 [Repealed by 1965 c.252 �1]

�� 86.080 Record of assignment not notice to mortgagor. The recording of the assignment of a mortgage is not of itself notice of such assignment to the mortgagor, or the heirs or personal representatives of the mortgagor, so as to invalidate a payment made by any of them to the mortgagee.

�� 86.090 [Repealed by 1965 c.252 �1]

�� 86.095 Acts not affecting priority of lien of credit instrument. (1) Actions that do not affect the priority granted to the lien of a credit instrument at the time it is first received for recordation shall include but shall not be limited to:

�� (a) Renegotiation or adjustment of the initial interest rate provided in the note or the credit instrument, upward or downward, which may increase or decrease the amount of periodic payments or may extend or shorten the term of the credit instrument, or both;

�� (b) An increase in the underlying obligation secured by the credit instrument during any part of the term of the credit instrument as a result of deferment of all or a portion of the interest payments and the addition of such payments to the outstanding balance of the obligation;

�� (c) Execution of new notes at designated intervals during the term of the credit instrument that reflect changes made pursuant to paragraph (a) or (b) of this subsection;

�� (d) Extension of the term of the credit instrument;

�� (e) Substitution of a note if there is no increase in the principal amount to be paid under the note;

�� (f) Modification of periodic payments required under the note if there is no increase in the principal amount due under the note; or

�� (g) Advances made under ORS 86.155.

�� (2) As used in this section, the addition of accrued interest to the principal amount of the underlying obligation is not an increase in the principal amount.

�� (3) As used in this section, �credit instrument� includes a mortgage, a line of credit instrument, a deed of trust and a contract for sale of real property. [1981 c.304 �2; 1987 c.716 �2; 1991 c.246 �1; 2001 c.20 �1]

�� 86.100 Discharge of mortgage. Any mortgage shall be discharged of record whenever there is presented to the recording officer a certificate executed by the mortgagee, or the personal representatives or assigns of the mortgagee, acknowledged or proved and certified as prescribed by law to entitle conveyances to be recorded, specifying that such mortgage has been paid or otherwise discharged. Every such certificate, and the proof or acknowledgment thereof, shall be recorded at full length. [Amended by 1965 c.252 �2]

�� 86.110 Discharge of record by owner and holder of mortgage note who is not the mortgagee of record. (1) Whenever a promissory note secured by mortgage on real property is transferred by indorsement without a formal assignment of the mortgage, and the mortgage is recorded, the mortgage, upon payment of the promissory note, may be discharged of record by the owner and holder of the promissory note making and filing with the appropriate recording officer a certificate, verified by oath, proving the satisfaction of mortgage and declaring, in substance, that the owner and holder is the owner and holder of the note secured by the mortgage by indorsement of the mortgagee and that the note has been fully paid and proving that fact to the satisfaction of the recording officer.

�� (2) Upon receiving the certificate, the recording officer shall record the document and index the document as a satisfaction of mortgage. The record shall have the same effect as a deed of release of the mortgagee duly acknowledged and recorded. [Amended by 1965 c.252 �3; 2001 c.577 �1]

�� 86.120 Discharge of mortgage on real property; effect of discharge. No mortgage upon real property shall be discharged except as provided in ORS 86.110 or by the person appearing upon the records of the county where the mortgage is recorded to be the owner thereof. A discharge of the mortgage by such person shall operate to free the land described in the mortgage from the lien of the mortgage as against all subsequent purchasers and incumbrances for value and without notice.

�� 86.130 Discharge by foreign executors, administrators, conservators and guardians. Foreign executors, administrators, conservators and guardians may discharge mortgages upon the records of any county upon recording with the recording officer of the county in which the mortgage is recorded a certified copy of their letters testamentary, or of administration, or of guardianship or of conservatorship. The certificate shall include a statement that the letters are in effect, and the certificate shall be recorded in the mortgage records. [Amended by 1973 c.506 ��2,44]

�� 86.140 Liability of mortgagee for failure to discharge mortgage. If any mortgagee or the personal representative or assignee of the mortgagee, after full performance of the condition of the mortgage before or after a breach thereof, shall, within 30 days after being thereto requested, and after tender of reasonable charges, fail to discharge the same, or to execute and acknowledge a certificate of discharge or release thereof, that person shall be liable to the mortgagor, or the heirs or assigns of the mortgagor, in the sum of $500 damages and also for all actual damages occasioned by such failure, to be recovered in an action at law. The owner and holder of the promissory note referred to in ORS 86.110 is deemed the personal representative of the mortgagee for the purposes of this section. [Amended by 1955 c.29 �1; 1955 c.512 �1; 1993 c.648 �1]

�� 86.150 Loan agreements and promissory notes to state maximum prepayment privilege penalty. (1) Any person making a loan having a loan period of more than three years secured by a mortgage or by a trust deed on real property located in this state shall, with respect to such loan, expressly and clearly state on the loan agreement and promissory note any maximum prepayment privilege penalty. The statement shall include the maximum prepayment penalty applicable for prepayment during the first year of the loan period and for each year thereafter.

�� (2) Violation of subsection (1) of this section with respect to a loan agreement or promissory note shall render any prepayment privilege penalty provision in the agreement void.

�� (3) �Loan agreement� as used in this section means a written document issued in connection with a particular loan which sets forth the terms upon which the loan will be made. �Loan agreement� does not include a mortgage or trust deed which secures a promissory note. Nothing in this section shall be deemed to require a lender to issue a loan agreement.

�� (4) This section does not apply to any loan agreement executed on or before September 13, 1967, or any loan not primarily for personal, family or household use. [1967 c.336 ��1,2; 1987 c.716 �3]

�� 86.155 Priority of line of credit instrument as to certain advances; procedure to limit indebtedness in residential line of credit instrument. (1) As used in this section:

�� (a) �Credit agreement� means any promissory note, loan agreement or other agreement that provides for advances subsequent to the date of recording of the line of credit instrument that secures the note or agreement.

�� (b) �Line of credit instrument� means a mortgage or trust deed that secures a consumer or commercial credit agreement and creates a lien on specified real property up to a stated amount, provided that the front page of the mortgage or trust deed, or a memorandum thereof:

�� (A) Contains the legend �line of credit mortgage,� �line of credit trust deed� or �line of credit instrument� either in capital letters or underscored above the body of the mortgage or trust deed;

�� (B) States the maximum principal amount to be advanced pursuant to the credit agreement; and

�� (C) States the term or maturity date, if any, of the credit agreement exclusive of any option to renew or extend the term or maturity date.

�� (c) �Residential line of credit instrument� means any line of credit instrument creating a lien on real property upon which are situated or will be constructed four or fewer residential units, one of which, at the time the credit agreement is entered into, is the borrower�s residence or is intended, following construction, to be a residence of the borrower.

�� (2) A line of credit instrument shall have priority, regardless of the knowledge of the lienholder of any intervening lien, as of its date of recording as to the following advances whether the advances are optional or obligatory advances:

�� (a) Principal advances made any time pursuant to the credit agreement, to the extent the total outstanding advances do not exceed the maximum principal amount stated in the line of credit instrument under subsection (1)(b)(B) of this section;

�� (b) Interest, lawful charges and advances made any time pursuant to the credit agreement for the reasonable protection of the real property including, but not limited to, advances to pay real property taxes, hazard insurance premiums, maintenance charges imposed under a declaration or restrictive covenant and reasonable attorney fees, whether or not the interest, lawful charges or advances exceed the maximum principal amount stated in the line of credit instrument under subsection (1)(b)(B) of this section; and

�� (c) Advances made any time after the date of recording and pursuant to a credit agreement that is not secured by a residential line of credit instrument to complete construction of previously agreed-upon improvements on the real property, whether or not the advances exceed the maximum principal amount stated in the line of credit instrument under subsection (1)(b)(B) of this section provided, however, that the front page of the instrument states that the maximum principal amount to be advanced pursuant to the credit agreement may be exceeded by advances to complete construction pursuant to this subsection.

�� (3) Actions that do not affect the priority granted to the advances set forth in subsection (2) of this section shall include, but not be limited to, those actions set forth in ORS 86.095 (1). If any modification to a credit agreement increases the maximum principal amount to be advanced pursuant to the credit agreement, then principal advances that are made that exceed the original maximum principal amount stated in the line of credit instrument shall have priority as of the date of recording an amendment to the line of credit instrument that states the increased maximum principal amount.

�� (4) In the case of a residential line of credit instrument, the debtor may limit the indebtedness secured by that line of credit instrument to the amount of the credit outstanding by delivering a notice by personal service upon the lienholder or trust deed beneficiary or by mailing a notice by certified mail, return receipt requested, to the lienholder or trust deed beneficiary at the address given for payment or, if none, to the address of the lienholder or trust deed beneficiary indicated in the line of credit instrument or deed of trust. To be sufficient to limit indebtedness under this subsection, the notice must:

�� (a) State that it is made under this section;

�� (b) Contain the legal description in the line of credit instrument or the street address of the real property;

�� (c) Provide the information necessary to locate the line of credit instrument in the public record;

�� (d) State the debtor�s intention to limit the amount of credit secured by the line of credit instrument to the amount owed at the time the notice is received;

�� (e) State the date sent; and

�� (f) Be signed and acknowledged by all debtors obligated under the line of credit instrument.

�� (5) Not later than the 20th day after receipt of the notice described in subsection (4) of this section, the lienholder or trust deed beneficiary shall:

�� (a) Indorse on the notice, or on an addendum to the notice, the principal amount of the indebtedness secured by the line of credit instrument on the date the lienholder or trust deed beneficiary received notice;

�� (b) Sign and acknowledge the notice or the addendum, if applicable; and

�� (c) Record the notice and addendum in the public record where the line of credit instrument was originally recorded.

�� (6) If the lienholder or trust deed beneficiary fails to record the notice and addendum, if applicable, within the time period specified in subsection (5) of this section, the debtor may record the notice in the public record where the line of credit instrument was originally recorded, together with proof of receipt by, or personal delivery to, the lienholder or trust deed beneficiary.

�� (7) Notwithstanding subsection (4) of this section, the line of credit instrument shall continue to have priority as of its date of recording as to:

�� (a) Principal advances, including any advance the creditor is required to honor, that were made before a notice under subsection (4) of this section is received;

�� (b) Interest, lawful charges and advances described in subsection (2)(b) and (c) of this section; and

�� (c) All advances made after a notice under subsection (4) of this section is received that are within the amount owed at the time the notice under subsection (4) of this section is given. [1987 c.716 �4; 1989 c.198 �1; 1991 c.313 �1; 1991 c.438 �1; 1997 c.152 �1; 2001 c.20 �2; 2007 c.71 �18]

�� 86.157 Action for residual debt after short sale of residential property; payoff statements. (1) As used in this section:

�� (a) �Borrower� means an individual who, directly or indirectly and individually or together with another person, is obligated on a real estate loan agreement, including but not limited to a mortgagor or a grantor, as defined in ORS 86.705, or an assignee or successor in interest.

�� (b) �Lender� means a person that makes, extends or holds a real estate loan agreement, including but not limited to a mortgagee or a beneficiary, as defined in ORS

ORS 9.595

9.595); 1999 c.171 �1; renumbered 9.568 in 1999]

�� 9.550 [Amended by 1961 c.499 �6; 1973 c.490 �3; 1975 c.641 �6; 1979 c.252 �23; repealed by 1983 c.618 �1]

�� 9.555 Copy of complaint or notice to Attorney General when bar is plaintiff or defendant; exceptions. (1) Upon commencement of any action in which the bar is a plaintiff, the bar shall mail a copy of the complaint by certified or registered mail, return receipt requested, to the Attorney General and shall file proof of such mailing with the court.

�� (2) When the bar is served with summons and complaint in an action in which the bar is named as a defendant, the bar shall give notice to the Attorney General by mailing a copy of the summons and complaint to the Attorney General by certified or registered mail, return receipt requested, within five working days of the date of service on the bar.

�� (3) The notice provisions of subsections (1) and (2) of this section shall not apply to matters involving admission of any applicant to the bar, discipline or reinstatement of a licensee of the bar or claims made against a licensee of the bar for which the professional liability fund of the bar may be obligated to pay money damages under ORS 9.080 (2). [1985 c.446 �3; 2025 c.32 �37]

�� 9.560 [Amended by 1963 c.106 �1; 1973 c.490 �4; 1975 c.641 �7; 1979 c.252 �24; repealed by 1983 c.618 �1]

�� 9.565 Tax return information from Department of Revenue; use. (1) The Department of Revenue may provide to the Oregon State Bar the name and address of any person admitted to practice law in this state if the department has reasonable grounds to believe that:

�� (a) The person admitted to practice law prepared a return or report for another person that is filed with the department and the return or report was prepared in violation of any provision of ORS 9.460 to 9.542 or 9.705 to 9.757 or the disciplinary rules adopted thereunder;

�� (b) The person admitted to practice law failed to file a required return, the person has not filed an appeal contesting the tax with the department by the filing deadline and the department has been unable to obtain payment of the tax through other methods of collection;

�� (c) The person admitted to practice law failed to withhold or remit personal income taxes on behalf of an employee of an entity, the person has been held liable for the failure under ORS 316.207, the person has not filed an appeal contesting the tax with the department by the filing deadline and the department has been unable to obtain payment of the tax through other methods of collection; or

�� (d) The person admitted to practice law failed to withhold or remit personal income taxes on behalf of an employee of an entity in which the person has a direct ownership interest, the person has not filed an appeal contesting the tax with the department by the filing deadline and the department has been unable to obtain payment of the tax through other methods of collection.

�� (2) If the department provides the name and address of a person admitted to practice law under subsection (1) of this section, the department shall also provide to the bar a statement of the basis of the department�s belief that a violation may have occurred.

�� (3) If the department provides the name and address of a person admitted to practice law under subsection (1) of this section with regard to a return or report prepared for a person other than the person admitted to practice law, or with regard to a failure to withhold and remit personal income taxes withheld, the department may also provide to the bar the name and address of the taxpayer.

�� (4) The bar and any person or board described in ORS 9.537 (2) shall use the names, addresses and other information provided under this section solely in the enforcement of ORS 9.460 to 9.542 or 9.705 to 9.757 or the disciplinary rules adopted thereunder. Information disclosed by the department pursuant to this section may be used in any bar proceeding relating to discipline or admission or reinstatement of any person to the bar.

�� (5) Information disclosed by the department pursuant to this section is confidential and not subject to disclosure by the bar unless the state professional responsibility board appointed under ORS 9.532 has found probable cause of a rule violation or the matter investigated is finally resolved by disciplinary board action, a diversion or agreement or an order of the Supreme Court. [1985 c.602 �10; 1999 c.171 �2; 2017 c.524 �4; 2019 c.248 �2]

LICENSEE ASSISTANCE

�� 9.568 State lawyers assistance committee; personal and practice management assistance committees; rules; confidentiality; civil immunity. (1)(a) The board of governors of the Oregon State Bar may create a state lawyers assistance committee for the purpose of implementing a licensees assistance program and, pursuant thereto, authorize the state lawyers assistance committee to investigate and resolve complaints or referrals regarding licensees whose performance or conduct may impair their ability to practice law or their professional competence.

�� (b) The board may adopt rules for the operation of the state lawyers assistance committee.

�� (c) The purpose of the state lawyers assistance committee is the provision of supervision and assistance to those licensees whose performance or conduct may impair their ability to practice law or their professional competence.

�� (2)(a) In addition to the state lawyers assistance committee created under subsection (1) of this section, the board may create personal and practice management assistance committees to provide assistance to licensees who are suffering from impairment or other circumstances that may adversely affect professional competence or conduct. Personal and practice management assistance committees may also provide advice and training to licensees in practice management.

�� (b) The board may adopt rules governing the provision of assistance to licensees by personal and practice management assistance committees.

�� (c) The purpose of a personal and practice management assistance committee is the provision of completely confidential assistance, advice and training to licensees in a manner that fosters maximum openness in communications between a licensee and the committee and that encourages a licensee to seek assistance from the committee.

�� (3) Any information provided to or obtained by the state lawyers assistance committee or any personal and practice management assistance committee, or provided to or obtained by any agent of those committees, is:

�� (a) Confidential;

�� (b) Exempt from the provisions of ORS 192.311 to 192.478;

�� (c) Not discoverable or admissible in any civil proceeding without the written consent of the licensee to whom the information pertains; and

�� (d) Not discoverable or admissible in any disciplinary proceeding except to the extent provided by rules of procedure adopted pursuant to ORS 9.542.

�� (4) The limitations placed on the disclosure and admissibility of information in this section shall not apply to information relating to a licensee�s noncooperation with the state lawyers assistance committee or any agent of the committee, or to information otherwise obtained by the bar from any other source.

�� (5) The board may authorize the state lawyers assistance committee to act as the monitor or supervisor for licensees placed on probation or in diversion in connection with a disciplinary investigation or proceeding, or who have been conditionally admitted or reinstated to the practice of law. Any information provided to or obtained by the state lawyers assistance committee when the committee acts as a monitor or supervisor under the provisions of this subsection is not subject to subsection (3) of this section.

�� (6) All meetings of the state lawyers assistance committee and the personal and practice management assistance committees are exempt from the provisions of ORS 192.610 to 192.705.

�� (7) Any person who makes a complaint or referral to the bar as to the competence of a licensee or provides information or testimony in connection with the state lawyers assistance committee or any personal and practice management assistance committee is not subject to an action for civil damages as a result thereof.

�� (8) With respect to their acts in connection with the state lawyers assistance committee or any personal and practice management assistance committee, the same privileges and immunities from civil and criminal proceedings that apply to prosecuting and judicial officers of the state shall apply to the board, all officers and employees of the bar, and the members of the committees and their agents.

�� (9) For the purposes of this section, agents of the state lawyers assistance committee or a personal and practice management assistance committee include investigators, attorneys, associate licensees licensed to practice law, counselors, staff personnel and any other individual or entity acting on behalf of or at the request of the committees. [Formerly 9.545; 2005 c.347 �3; 2023 c.72 �13; 2025 c.32 �38]

�� 9.570 [Repealed by 1983 c.618 �1]

LEGAL SERVICES PROGRAM

�� 9.572 Bar to establish Legal Services Program; director; advisory and technical committees. (1) The Oregon State Bar shall by rule establish a Legal Services Program. The program shall provide standards and guidelines for legal service providers receiving funding from the program. The rules shall also provide methods for evaluating legal service providers. Funding received under the program may be used only for the provision of legal services to the poor without charge and for expenses incurred by the Oregon State Bar in the administration of the Legal Services Program.

�� (2) The Oregon State Bar shall appoint a director of the Legal Services Program established under this section. The bar shall prescribe the duties of the director and fix the salary of the director.

�� (3) The Oregon State Bar may establish any advisory or technical committees it deems necessary to advise the bar in establishing and operating the Legal Services Program. [1997 c.801 �73; 2011 c.595 �99]

�� 9.574 [1997 c.801 �72; 2003 c.737 �98; repealed by 2011 c.595 �97a]

�� 9.576 Review of providers; mediation; hearing; suspension of funding. (1) The director of the Legal Services Program appointed under ORS 9.572 shall periodically review legal service providers who receive funding from the program. If the director determines that there are reasonable grounds to believe that a provider is not in substantial compliance with the standards and guidelines adopted under ORS

ORS 9.757

9.757 shall preserve the confidentiality of the information relating to the affected licensee�s representation of a client and shall make disclosure only to the extent necessary to carry out the purposes of ORS 9.705 to 9.757. Such disclosure is a disclosure which is reasonably necessary for the accomplishment of the purpose for which the affected licensee was consulted. Communications between the Oregon State Bar or its designees or an attorney appointed as custodian of a law practice under ORS 9.725 and a client of the affected licensee are subject to the attorney-client privilege to the same extent as it would have applied to communications by or to the affected licensee. [1979 c.252 �10; 1985 c.512 �12; 1989 c.1052 �23; 2015 c.6 �12; 2021 c.497 �7; 2023 c.72 �29; 2025 c.32 �56]

�� 9.755 Final report of custodian; petition for compensation; court approval. Whenever the purposes of ORS 9.705 to 9.757 have been accomplished with respect to the law practice of an affected licensee for which the Oregon State Bar or an attorney has been appointed as custodian under ORS 9.725, the bar or the appointed attorney shall file with the court a final report and accounting of all funds and property coming into the possession or control of the bar or the appointed attorney as custodian and a petition for compensation and expenses of the bar or the appointed attorney for acting as custodian. The bar or the appointed attorney shall mail a copy of the report and accounting and a copy of the petition for compensation and expenses to all persons upon whom service was made pursuant to ORS 9.727. Upon approval by the court, an order shall be entered approving the final report and accounting, fixing the amount of compensation and expenses to be allowed to the bar or the appointed attorney, and discharging the bar or the attorney from further duties. [1979 c.252 �12; 1985 c.512 �13; 1989 c.1052 �24; 2015 c.6 �13; 2021 c.497 �8; 2023 c.72 �30; 2025 c.32 �57]

�� 9.757 Retention of client materials. (1) Except as provided in subsection (2) of this section or by court order, the Oregon State Bar may dispose of client papers and files that have not been claimed by a client of an affected licensee within six months after written notice to the client from the bar. The bar must dispose of the papers and files in a manner reasonably calculated to protect the confidentiality of the information contained in the papers and files.

�� (2) The bar may dispose of an unclaimed original will as provided in ORS 112.815 and 112.820.

�� (3) The bar shall maintain a log of all retained wills that is accessible to the public.

�� (4) Upon receipt of satisfactory proof of identity, the bar shall release a will belonging to a client to the client or to a duly appointed personal representative or conservator of the client.

�� (5) The bar may retain wills in digitized form, and a digitized copy, certified by the bar as a true copy of the digital document retained by the bar, shall be admissible in evidence to the same extent as the original. [2015 c.6 �10; 2023 c.72 �31; 2025 c.32 �58]

LAW LIBRARIES

�� 9.760 Judicial department library services; fees. The State Court Administrator may authorize any library of the judicial department of government to provide photographic or other copies of any of its materials, and to make reasonable charges for such copies or services. [Amended by 1959 c.655 �1; 1985 c.308 �2]

�� 9.770 [Amended by 1959 c.655 �2; repealed by 1985 c.308 �6]

�� 9.780 Exchange of legal publications. The State Court Administrator may send, free of charge, one copy of the codes, session laws and Supreme Court, Court of Appeals and Oregon Tax Court reports of this state as the same may be published, to each state and foreign country that exchanges, free of charge, its codes, session laws and equivalent reports with this state. All legal books and publications received in exchange by the state shall be added to the collection of the State of Oregon Law Library. [Amended by 1985 c.308 �3; 2001 c.779 �6]

�� 9.790 Legislative Counsel furnishing copies of codes and session laws for exchange. The Legislative Counsel shall, upon requisition of the State Court Administrator, supply a sufficient number of copies of the codes and session laws of this state, as the same may be published, to carry out the provisions of ORS 9.780. [Amended by 1985 c.308 �4]

�� 9.800 Sale of surplus codes and session laws. The State Court Administrator may sell the unused sets of Oregon codes and session laws which are not needed for the purpose of exchanging for the codes and session laws of other states and for other books. The sales shall be for cash and the proceeds deposited as provided by ORS 8.130. [Amended by 1985 c.308 �5]

�� 9.810 [Repealed by 1985 c.308 �6]

�� 9.815 County law libraries and law library services. (1) Each county shall:

�� (a) Operate a free law library at a location that is convenient and available at reasonable hours; or

�� (b) Provide free law library services at one or more locations that are convenient and available at reasonable hours.

�� (2) A county governing body may enter into a contract with a law library association or other organization for the operation of the law library, or the provision of law library services, required by this section. [2011 c.224 �1; 2011 c.595 �176]

�� 9.820 Law libraries in Multnomah County. (1) In all counties containing more than 700,000 inhabitants, according to the latest federal decennial census, the governing body of the county may:

�� (a) Enter into an intergovernmental agreement with the Judicial Department to provide law library services; or

�� (b) Enter into a contract with any law library association or corporation owning and maintaining a law library in the county at or convenient to the courthouse, for the use of the library by the judges of the circuit and county courts, county commissioners, district attorney and all licensees of the bar.

�� (2) Law library services may include services provided by a family law facilitation program established under ORS 3.428 or a court facilitation program established under ORS 3.445. [Amended by 1963 c.519 �1; 1965 c.619 �3; 2011 c.595 �105; 2018 c.29 �1; 2025 c.32 �59]

�� 9.825 Law library surveys; reports. (1) The State Court Administrator shall conduct every two years an electronic survey of all county law libraries and the law library services provided by counties. The survey must request information on:

�� (a) The extent to which counties provide access to statutes, rules, cases and other legal information, whether through printed materials or electronic access;

�� (b) Staffing in county law libraries;

�� (c) The number and types of persons who use county law libraries and other law library services;

�� (d) The hours that county law libraries are open, or access to law library services is available;

�� (e) The hours that law library staff assistance is available, either in person, by telephone or through the Internet; and

�� (f) The extent to which persons who use county law libraries and law library services have free or low-cost public, on-site access to computers, printers, copiers and other electronic devices provided by the counties.

�� (2) The State Court Administrator shall submit a report to the Legislative Assembly in the manner provided by ORS 192.245 based on each survey conducted under this section. The report must be delivered to the Legislative Assembly not later than February 1 of each odd-numbered year. [2011 c.224 �5]

�� 9.829 Use of moneys distributed to counties. Notwithstanding any other law, the governing body of a county may, after consulting with the presiding judge of the circuit court, use up to one-half of the moneys distributed to the county by the Chief Justice of the Supreme Court from moneys appropriated to the Judicial Department for the purpose of operating law libraries or providing law library services, for the purpose of providing conciliation and mediation services in circuit courts. [2017 c.725 �19]

�� 9.830 [Amended by 1965 c.619 �4; 1981 s.s. c.3 �78; 1983 c.763 �36; repealed by 2011 c.595 �104]

�� 9.840 [Amended by 1963 c.519 �2; 1965 c.619 �5; 1981 s.s. c.3 �79; 1983 c.763 �37; 1997 c.801 �147; 2011 c.224 �2; repealed by 2011 c.595 �104]

�� 9.850 [Amended by 1963 c.519 �3; 1965 c.619 �6; 2003 c.14 �11; 2011 c.224 �3; repealed by 2011 c.595 �104]

UNIVERSAL REPRESENTATION

�� 9.860 Universal representation program; grants; transfer of funds to Legal Services Program for immigration legal services; advisory committee; report to legislature. (1)(a) A nonprofit organization registered in this state that addresses and executes worker relief as the organization�s primary purpose shall serve as the fiscal agent to award grants to organizations to provide services related to immigration matters through a universal representation program. Funds must be allocated for, but are not limited to, the following purposes:

�� (A) Attorneys working at community-based organizations to provide culturally responsive services to members of the immigrant and refugee community;

�� (B) Navigators working at community-based organizations to guide persons who are at risk of deportation or need assistance with immigration matters into the universal representation program;

�� (C) Development of capacity and training to support navigation efforts through community-based organizations into the universal representation program and culturally responsive services carried out by community-based organizations;

�� (D) A client service fund to assist with fees associated with filings, interpretation and related costs in immigration matters;

�� (E) A statewide universal navigation and support system, including a call center, to provide direct contacts and streamlined access for those seeking assistance with immigration matters; and

�� (F) A clearinghouse to provide logistical support, income and program eligibility screening, navigation review, case placement and technical assistance, and referral coordination, mentoring and supervision of attorneys working for community-based organizations.

�� (b) All individuals seeking services through the universal representation program must be enrolled and are subject to an income and program eligibility screening and a priority recommendation through the clearinghouse described in paragraph (a) of this subsection.

�� (c) Information provided to the clearinghouse described in paragraph (a) of this subsection is subject to the lawyer-client privilege under ORS 40.225.

�� (2) For all grants awarded under this section by the fiscal agent described in subsection (1) of this section, the fiscal agent shall:

�� (a) Create a uniform method of reporting grant outcomes to facilitate comparison of results between grant recipients;

�� (b) Require that grant recipients provide services free of charge;

�� (c) Require grant recipients to prioritize legal services to detained individuals and individuals at imminent risk of deportation before other immigration matters when applicable;

�� (d) Require all individuals seeking services to be enrolled and subject to a uniform income and program eligibility screening and a priority recommendation through the clearinghouse described in subsection (1) of this section;

�� (e) Provide services to all income- and program-eligible individuals subject to reasonably measured capacity;

�� (f) Encourage the use of best practices to design the delivery of legal services to the immigrant and refugee population; and

�� (g) Ensure that a person denied services receives notice of the reasons for denial and that the notice is provided to the fiscal agent.

�� (3) The fiscal agent described in subsection (1) of this section shall:

�� (a) Issue grants through a request for proposal process;

�� (b) Conduct a performance audit at the conclusion of the second year after the Universal Representation Fund established under ORS 9.865 is operative and every two years thereafter; and

�� (c) Conduct a financial audit at the conclusion of the second year after the fund is operative and every two years thereafter.

�� (4)(a) The Chief Justice of the Supreme Court shall transfer funds appropriated for this purpose to the Oregon State Bar for use by the Legal Services Program established under ORS 9.572 to provide legal services to individuals on immigration matters and related matters, including but not limited to the provision of general legal information and legal referral services designed to increase access to the justice system.

�� (b) The Legal Services Program shall adopt standards and guidelines for the provision of services under this subsection that are consistent with the requirements set forth in subsection (2) of this section.

�� (5) The fiscal agent described in subsection (1) of this section shall convene an advisory committee for the universal representation program. The advisory committee shall meet periodically and make recommendations relating to the coordination of services, standards and guidelines, the development of best practices and other matters related to universal representation. The committee shall be chaired by:

�� (a) The administrative head, or the designee of the administrative head, of the fiscal agent described in subsection (1) of this section;

�� (b) The administrative head, or the designee of the administrative head, of a grantee under subsection (1) of this section; and

�� (c) The administrative head, or the designee of the administrative head, of a legal services provider providing services under subsection (4) of this section.

�� (6) No later than August 31 of each year, the fiscal agent described in subsection (1) of this section shall submit, to a committee or interim committee of the Legislative Assembly dealing with legal services, the Oregon Department of Administrative Services and the Legislative Fiscal Officer, a report on the grants the fiscal agent awarded under this section. The report must specify, but is not limited to:

�� (a) How many individuals have entered the universal representation program;

�� (b) How many individuals have accepted wraparound assistance from community-based organizations;

�� (c) The number and types of cases and matters in which legal services were delivered, disaggregated by grantee;

�� (d) The counties in which the community-based organizations have provided services;

�� (e) A comparison of programs offering services and recommendations to improve service delivery for community-based organizations receiving funds from the fiscal agent;

�� (f) The findings of performance and fiscal audits described in subsection (3)(b) and (c) of this section; and

�� (g) Other matters as recommended by the advisory committee.

�� (7) In appropriating moneys for programs under this section, the Legislative Assembly shall endeavor to allocate funding as follows:

�� (a) 70 percent of available funds to the Universal Representation Fund established under ORS

ORS 90.412

90.412 or 90.417.

�� (9) Except as provided in subsections (19) to (22) of this section, if the tenant or lienholder does not respond within the time provided by the landlord�s notice, or the tenant or lienholder does not remove the personal property within 30 days after responding to the landlord or by any date agreed to with the landlord, whichever is later, the personal property is conclusively presumed to be abandoned. The tenant and any lienholder that have been given notice pursuant to subsection (3) or (4) of this section shall, except with regard to the distribution of sale proceeds pursuant to subsection (13) of this section, have no further right, title or interest to the personal property and may not claim or sell the property.

�� (10) If the personal property is presumed to be abandoned under subsection (9) of this section, the landlord then may:

�� (a) Sell the personal property at a public or private sale, provided that prior to the sale:

�� (A) The landlord may seek to transfer ownership of record of the personal property by complying with the requirements of the appropriate state agency; and

�� (B) The landlord shall:

�� (i) Place a notice in a newspaper of general circulation in the county in which the personal property is located. The notice shall state:

�� (I) That the personal property is abandoned;

�� (II) The tenant�s name;

�� (III) The address and any space number where the personal property is located, and any plate, registration or other identification number for a floating home noted on the title, if actually known to the landlord;

�� (IV) Whether the sale is by private bidding or public auction;

�� (V) Whether the landlord is accepting sealed bids and, if so, the last date on which bids will be accepted; and

�� (VI) The name and telephone number of the person to contact to inspect the personal property;

�� (ii) At a reasonable time prior to the sale, give a copy of the notice required by sub-subparagraph (i) of this subparagraph to the tenant and to any lienholder, by personal delivery or first class mail, except that for any lienholder, mail service must be by first class mail with certificate of mailing;

�� (iii) Obtain an affidavit of publication from the newspaper to show that the notice required under sub-subparagraph (i) of this subparagraph ran in the newspaper at least one day in each of two consecutive weeks prior to the date scheduled for the sale or the last date bids will be accepted; and

�� (iv) Obtain written proof from the county that all property taxes and assessments on the personal property have been paid or, if not paid, that the county has authorized the sale, with the sale proceeds to be distributed pursuant to subsection (13) of this section; or

�� (b) Destroy or otherwise dispose of the personal property if the landlord determines from the county assessor that the current market value of the property is $8,000 or less.

�� (11)(a) A public or private sale authorized by this section must be conducted consistent with the terms listed in subsection (10)(a)(B)(i) of this section. Every aspect of the sale including the method, manner, time, place and terms must be commercially reasonable.

�� (b) If there is no buyer at a sale described under paragraph (a) of this subsection, the personal property is considered to be worth $8,000 or less, regardless of current market value, and the landlord shall destroy or otherwise dispose of the personal property.

�� (12) Notwithstanding ORS 446.155 (1) and (2), unless a landlord intentionally misrepresents the condition of personal property, the landlord is not liable for the condition of the personal property to:

�� (a) A buyer of the personal property at a sale pursuant to subsection (10)(a) of this section, with or without consideration; or

�� (b) A person or nonprofit organization to whom the landlord gives the personal property pursuant to subsection (1)(b), (10)(b) or (11)(b) of this section.

�� (13)(a) The landlord may deduct from the proceeds of the sale:

�� (A) The reasonable or actual cost of notice, storage and sale; and

�� (B) Unpaid rent.

�� (b) After deducting the amounts listed in paragraph (a) of this subsection, the landlord shall remit the remaining proceeds, if any, to the county tax collector to the extent of any unpaid property taxes and assessments owed on the dwelling or home.

�� (c) After deducting the amounts listed in paragraphs (a) and (b) of this subsection, if applicable, the landlord shall remit the remaining proceeds, if any, to any lienholder to the extent of any unpaid balance owed on the lien on the personal property.

�� (d) After deducting the amounts listed in paragraphs (a), (b) and (c) of this subsection, if applicable, the landlord shall remit to the tenant the remaining proceeds, if any, together with an itemized accounting.

�� (e) If the tenant cannot after due diligence be found, the landlord shall deposit the remaining proceeds with the county treasurer of the county in which the sale occurred. If not claimed within three years, the deposited proceeds revert to the general fund of the county and are available for general purposes.

�� (14) The county tax collector and the Department of Revenue shall cancel all unpaid property taxes and special assessments as provided under ORS 305.155 and 311.790 only under one of the following circumstances:

�� (a) The landlord disposes of the personal property after a determination described in subsection (10)(b) of this section.

�� (b) There is no buyer of the personal property at a sale described under subsection (11) of this section and the landlord disposes of the property.

�� (c)(A) There is a buyer of the personal property at a sale described under subsection (11) of this section;

�� (B) The current market value of the personal property is $8,000 or less; and

�� (C) The proceeds of the sale are insufficient to satisfy the unpaid property taxes and assessments owed on the personal property after distribution of the proceeds pursuant to subsection (13) of this section.

�� (d) The landlord buys the personal property at a sale described under subsection (11) of this section and sells the property, in compliance with subsection (15) of this section, to a buyer who intends to occupy the property in the facility in which the property is located.

�� (e) The landlord acquires the personal property as a result of an agreement described in subsection (24) of this section and sells the property, in compliance with subsection (15) of this section, to a buyer who intends to occupy the property in the facility in which the property is located.

�� (15)(a) Subsection (14)(d) and (e) of this section apply only if:

�� (A) There exists a lien on the personal property for unpaid property taxes and special assessments owed to a county or to the Department of Revenue and the landlord files an affidavit or declaration with the county tax collector or the Department of Revenue, as appropriate, that states:

�� (i) The landlord�s intent to sell the property in an arm�s-length transaction to an unrelated buyer who intends to occupy the property in the facility in which the property is located; and

�� (ii) That the landlord shall comply with the requirements of this subsection; and

�� (B) Following the sale described in paragraph (a)(A) of this subsection, the landlord files an affidavit or declaration with the county tax collector or the Department of Revenue, as appropriate, that states:

�� (i) That the landlord has sold the property in an arm�s-length transaction to an unrelated buyer who intends to occupy the property in the facility in which the property is located;

�� (ii) The sale price and a description of the landlord�s claims against the property or costs from the sale, as described under subsection (13)(a) of this section, and any costs of improvements to the property for sale; and

�� (iii) The period of time, which may not be more than is reasonably necessary, that is taken by the landlord to complete the sale of the property.

�� (b) After a landlord files the affidavit or declaration under paragraph (a)(A) of this subsection, the county tax collector shall provide to the landlord a title to the property that the landlord may then provide to a buyer at the time of the sale of the property.

�� (c) The affidavit or declaration described in paragraph (a)(B) of this subsection must be accompanied by:

�� (A) Payment to the county tax collector or the Department of Revenue, as appropriate, of the amount remaining from the sale proceeds after the deduction of the landlord�s claims and costs as described in the affidavit or declaration, up to the amount of the unpaid taxes or tax lien. The landlord may retain the amount of the sale proceeds that exceed the amount of the unpaid taxes or tax lien;

�� (B) Payment to the county tax collector of any county warrant fees; and

�� (C) An affidavit or declaration from the buyer that states the buyer�s intent to occupy the property in the facility in which the property is located.

�� (d) Upon a showing of compliance with paragraph (c) of this subsection, the county tax collector or the Department of Revenue shall cancel all unpaid taxes or tax liens on the property.

�� (16) The landlord is not responsible for any loss to the tenant or lienholder resulting from storage of personal property in compliance with this section unless the loss was caused by the landlord�s deliberate or negligent act. In the event of a deliberate and malicious violation, the landlord is liable for twice the actual damages sustained by the tenant or lienholder.

�� (17) Complete compliance in good faith with this section shall constitute a complete defense in any action brought by a tenant or lienholder against a landlord for loss or damage to such personal property disposed of pursuant to this section.

�� (18) If a landlord does not comply with this section:

�� (a) The tenant is relieved of any liability for damage to the premises caused by conduct that was not deliberate, intentional or grossly negligent and for unpaid rent and may recover from the landlord up to twice the actual damages sustained by the tenant;

�� (b) A lienholder aggrieved by the noncompliance may recover from the landlord the actual damages sustained by the lienholder. ORS 90.255 does not authorize an award of attorney fees to the prevailing party in any action arising under this paragraph; and

�� (c) A county tax collector aggrieved by the noncompliance may recover from the landlord the actual damages sustained by the tax collector, if the noncompliance is part of an effort by the landlord to defraud the tax collector. ORS 90.255 does not authorize an award of attorney fees to the prevailing party in any action arising under this paragraph.

�� (19) The provisions of this section regarding the rights and responsibilities of a tenant to the abandoned personal property also apply to any lienholder, except that the lienholder may not sell or remove the dwelling or home unless:

�� (a) The lienholder has foreclosed the lien on the manufactured dwelling or floating home;

�� (b) The tenant or a personal representative or designated person described in subsection (21) of this section has waived all rights under this section pursuant to subsection (24) of this section; or

�� (c) The notice and response periods provided by subsections (6) and (8) of this section have expired.

�� (20)(a) Except as provided by subsection (21)(d) and (e) of this section, if a lienholder makes a timely response to a notice of abandoned personal property pursuant to subsections (6) and (8) of this section and so requests, a landlord shall enter into a written storage agreement with the lienholder providing that the personal property may not be sold or disposed of by the landlord for up to 12 months. A storage agreement entitles the lienholder to store the personal property on the previously rented space during the term of the agreement, but does not entitle anyone to occupy the personal property.

�� (b) The lienholder�s right to a storage agreement arises upon the failure of the tenant or, in the case of a deceased tenant, the personal representative, designated person, heir or devisee to remove or sell the dwelling or home within the allotted time.

�� (c) To exercise the right to a storage agreement under this subsection, in addition to contacting the landlord with a timely response as described in paragraph (a) of this subsection, the lienholder must enter into the proposed storage agreement within 60 days after the landlord gives a copy of the agreement to the lienholder. The landlord shall give a copy of the proposed storage agreement to the lienholder in the same manner as provided by subsection (4)(b) of this section. The landlord may include a copy of the proposed storage agreement with the notice of abandoned property required by subsection (4) of this section. A lienholder enters into a storage agreement by signing a copy of the agreement provided by the landlord and personally delivering or mailing the signed copy to the landlord within the 60-day period. If the tenancy is in a marina, the proposed storage agreement is conditioned upon the tenant not electing to enter into a storage agreement under subsection (22) of this section.

�� (d) The storage agreement may require, in addition to other provisions agreed to by the landlord and the lienholder, that:

�� (A) The lienholder make timely periodic payment of all storage charges, as described in subsection (7)(b) of this section, accruing from the commencement of the 45-day period described in subsection (6) of this section. A storage charge may include a utility or service charge, as described in ORS 90.562, if limited to charges for electricity, water, sewer service and natural gas and if incidental to the storage of personal property. A storage charge may not be due more frequently than monthly;

�� (B) The lienholder pay a late charge or fee for failure to pay a storage charge by the date required in the agreement, if the amount of the late charge is no greater than for late charges imposed on facility tenants;

�� (C) The lienholder maintain the personal property and the space on which the personal property is stored in a manner consistent with the rights and obligations described in the rental agreement that the landlord currently provides to tenants as required by ORS 90.510 (4); and

�� (D) The lienholder repair any defects in the physical condition of the personal property that existed prior to the lienholder entering into the storage agreement, if the defects and necessary repairs are reasonably described in the storage agreement and, for homes that were first placed on the space within the previous 24 months, the repairs are reasonably consistent with facility standards in effect at the time of placement. The lienholder shall have 90 days after entering into the storage agreement to make the repairs. Failure to make the repairs within the allotted time constitutes a violation of the storage agreement and the landlord may terminate the agreement by giving at least 14 days� written notice to the lienholder stating facts sufficient to notify the lienholder of the reason for termination. Unless the lienholder corrects the violation within the notice period, the agreement terminates as provided and the landlord may sell or dispose of the property without further notice to the lienholder.

�� (e) Notwithstanding subsection (7)(b) of this section, a landlord may increase the storage charge if the increase is part of a facility-wide rent increase for all facility tenants, the increase is no greater than the increase for other tenants and the landlord gives the lienholder written notice consistent with the requirements of ORS 90.600.

�� (f) During the term of an agreement described under this subsection, the lienholder has the right to remove or sell the property, subject to the provisions of the lien. Selling the property includes a sale to a purchaser who wishes to leave the property on the rented space and become a tenant, subject to the provisions of ORS 90.680. The landlord may condition approval for occupancy of any purchaser of the property upon payment of all unpaid storage charges and maintenance costs.

�� (g)(A) Except as provided in paragraph (d)(D) of this subsection, if the lienholder violates the storage agreement, the landlord may terminate the agreement by giving at least 90 days� written notice to the lienholder stating facts sufficient to notify the lienholder of the reason for the termination. Unless the lienholder corrects the violation within the notice period, the agreement terminates as provided and the landlord may sell or dispose of the property without further notice to the lienholder.

�� (B) After a landlord gives a termination notice pursuant to subparagraph (A) of this paragraph for failure of the lienholder to pay a storage charge and the lienholder corrects the violation, if the lienholder again violates the storage agreement by failing to pay a subsequent storage charge, the landlord may terminate the agreement by giving at least 30 days� written notice to the lienholder stating facts sufficient to notify the lienholder of the reason for termination. Unless the lienholder corrects the violation within the notice period, the agreement terminates as provided and the landlord may sell or dispose of the property without further notice to the lienholder.

�� (C) A lienholder may terminate a storage agreement at any time upon at least 14 days� written notice to the landlord and may remove the property from the facility if the lienholder has paid all storage charges and other charges as provided in the agreement.

�� (h) Upon the failure of a lienholder to enter into a storage agreement as provided by this subsection or upon termination of an agreement, unless the parties otherwise agree or the lienholder has sold or removed the property, the landlord may sell or dispose of the property pursuant to this section without further notice to the lienholder.

�� (21) If the personal property is considered abandoned as a result of the death of a tenant who was the only tenant, this section applies, except as follows:

�� (a) The provisions of this section regarding the rights and responsibilities of a tenant to the abandoned personal property shall apply to any personal representative named in a will or appointed by a court to act for the deceased tenant or any person designated in writing by the tenant to be contacted by the landlord in the event of the tenant�s death.

�� (b) The notice required by subsection (3) of this section must be:

�� (A) Sent by first class mail to the deceased tenant at the premises; and

�� (B) Personally delivered or sent by first class mail to any personal representative or designated person if actually known to the landlord.

�� (c) The notice described in subsection (5) of this section must refer to any personal representative or designated person, instead of the deceased tenant, and must incorporate the provisions of this subsection.

�� (d) If a personal representative, designated person or other person entitled to possession of the property, such as an heir or devisee, responds by actual notice to a landlord within the 45-day period provided by subsection (6) of this section and so requests, the landlord shall enter into a written storage agreement with the representative or person providing that the personal property may not be sold or disposed of by the landlord for up to 90 days or until conclusion of any probate proceedings, whichever is later. A storage agreement entitles the representative or person to store the personal property on the previously rented space during the term of the agreement, but does not entitle anyone to occupy the personal property. If such an agreement is entered, the landlord may not enter a similar agreement with a lienholder pursuant to subsection (20) of this section until the agreement with the personal representative or designated person ends.

�� (e) If a personal representative or other person requests that a landlord enter into a storage agreement, subsection (20)(c) to (e) and (g)(C) of this section applies, with the representative or person having the rights and responsibilities of a lienholder with regard to the storage agreement.

�� (f) During the term of an agreement described under paragraph (d) of this subsection, the representative or person has the right to remove or sell the property, including a sale to a purchaser or a transfer to an heir or devisee where the purchaser, heir or devisee wishes to leave the property on the rented space and become a tenant, subject to the provisions of ORS 90.680. The landlord also may condition approval for occupancy of any purchaser, heir or devisee of the property upon payment of all unpaid storage charges and maintenance costs.

�� (g) If the representative or person violates the storage agreement, the landlord may terminate the agreement by giving at least 30 days� written notice to the representative or person stating facts sufficient to notify the representative or person of the reason for the termination. Unless the representative or person corrects the violation within the notice period, the agreement terminates as provided and the landlord may sell or dispose of the property without further notice to the representative or person.

�� (h) Upon the failure of a representative or person to enter into a storage agreement as provided by this subsection or upon termination of an agreement, unless the parties otherwise agree or the representative or person has sold or removed the property, the landlord may sell or dispose of the property pursuant to this section without further notice to the representative or person.

�� (22)(a) If a tenant of a marina makes a timely response to a notice of abandoned personal property pursuant to subsections (6) and (8) of this section and so requests, and has not entered into a storage agreement under ORS 90.545 (7), a landlord shall enter into a written storage agreement with the tenant providing that the personal property may not be sold or disposed of by the landlord for up to 12 months. A storage agreement entitles the tenant to store the personal property on the previously rented space during the term of the agreement but does not entitle anyone to occupy the personal property.

�� (b) To exercise the right to a storage agreement under this subsection, in addition to contacting the landlord with a timely response as described in paragraph (a) of this subsection, the tenant must enter into the proposed storage agreement within 60 days after the landlord gives a copy of the agreement to the tenant. The landlord shall give a copy of the proposed storage agreement to the tenant in the same manner as provided by subsection (3) of this section. The landlord may include a copy of the proposed storage agreement with the notice of abandoned property required by subsection (3) of this section. A tenant enters into a storage agreement by signing a copy of the agreement provided by the landlord and personally delivering or mailing the signed copy to the landlord within the 60-day period.

�� (c) The storage agreement may require, in addition to other provisions agreed to by the landlord and the tenant, that:

�� (A) The tenant make timely periodic payment of all storage charges, as described in subsection (7)(b) of this section, accruing from the commencement of the 45-day period described in subsection (6) of this section. A storage charge may include a utility or service charge, as described in ORS 90.562, if limited to charges for electricity, water, sewer service and natural gas and if incidental to the storage of personal property. A storage charge may not be due more frequently than monthly.

�� (B) The tenant pay a late charge or fee for failure to pay a storage charge by the date required in the agreement, if the amount of the late charge is no greater than for late charges imposed on facility tenants.

�� (C) The tenant maintain the personal property and the space on which the personal property is stored in a manner consistent with the rights and obligations described in the rental agreement that the landlord currently provides to tenants as required by ORS 90.510 (4).

�� (D) The tenant repair any defects in the physical condition of the personal property that existed prior to the tenant entering into the storage agreement, except repair the float of the home, if the defects and necessary repairs are reasonably described in the storage agreement and, for homes that were first placed on the space within the previous 24 months, the repairs are reasonably consistent with facility standards in effect at the time of placement. The tenant shall have 90 days after entering into the storage agreement to make the repairs. Failure to make the repairs within the allotted time constitutes a violation of the storage agreement and the landlord may terminate the agreement by giving at least 14 days� written notice to the tenant stating facts sufficient to notify the tenant of the reason for termination. Unless the tenant corrects the violation within the notice period, the agreement terminates as provided and the landlord may sell or dispose of the property without further notice to the tenant.

�� (d) Notwithstanding subsection (7)(b) of this section, a landlord may increase the storage charge if the increase is part of a facility-wide rent increase for all facility tenants, the increase is no greater than the increase for other tenants and the landlord gives the tenant written notice consistent with the requirements of ORS 90.600.

�� (e) During the term of an agreement described under this subsection, the tenant has the right to remove or sell the property. Selling the property includes a sale to a purchaser who wishes to leave the property on the rented space and become a tenant, subject to the provisions of ORS 90.680. The landlord may condition approval for occupancy of any purchaser of the property upon payment of all unpaid storage charges and maintenance costs.

�� (f)(A) Except as provided in paragraph (c)(D) of this subsection, if the tenant violates the storage agreement, the landlord may terminate the agreement by giving at least 90 days� written notice to the tenant stating facts sufficient to notify the tenant of the reason for the termination. Unless the tenant corrects the violation within the notice period, the agreement terminates as provided and the landlord may sell or dispose of the property without further notice to the tenant.

�� (B) After a landlord gives a termination notice pursuant to subparagraph (A) of this paragraph for failure of the tenant to pay a storage charge and the tenant corrects the violation, if the tenant again violates the storage agreement by failing to pay a subsequent storage charge, the landlord may terminate the agreement by giving at least 30 days� written notice to the tenant stating facts sufficient to notify the tenant of the reason for termination. Unless the tenant corrects the violation within the notice period, the agreement terminates as provided and the landlord may sell or dispose of the property without further notice to the tenant.

�� (C) A tenant may terminate a storage agreement at any time upon at least 14 days� written notice to the landlord and may remove the property from the facility if the tenant has paid all storage charges and other charges as provided in the agreement.

�� (g) Upon the failure of a tenant to enter into a storage agreement as provided by this subsection or upon termination of an agreement, unless the parties otherwise agree, the landlord may sell or dispose of the property pursuant to this section without further notice to the tenant after providing at least 15 days� written notice to any lienholder to enter into a storage agreement under subsection (20) of this section.

�� (23) If a governmental agency determines that the condition of personal property abandoned under this section constitutes an extreme health or safety hazard under state or local law and the agency determines that the hazard endangers others in the facility and requires quick removal of the property, the landlord may sell or dispose of the property pursuant to this subsection. The landlord shall comply with all provisions of this section, except as follows:

�� (a) The date provided in subsection (6) of this section by which a tenant, lienholder, personal representative or designated person must contact a landlord to arrange for the disposition of the property must be not less than 15 days after personal delivery or mailing of the notice required by subsection (3) of this section.

�� (b) The date provided in subsections (8) and (9) of this section by which a tenant, lienholder, personal representative or designated person must remove the property must be not less than seven days after the tenant, lienholder, personal representative or designated person contacts the landlord.

�� (c) The notice required by subsection (3) of this section must be as provided in subsection (5) of this section, except that:

�� (A) The dates and deadlines in the notice for contacting the landlord and removing the property must be consistent with this subsection;

�� (B) The notice must state that a governmental agency has determined that the property constitutes an extreme health or safety hazard and must be removed quickly; and

�� (C) The landlord shall attach a copy of the agency�s determination to the notice.

�� (d) If the tenant, a lienholder or a personal representative or designated person does not remove the property within the time allowed, the landlord or a buyer at a sale by the landlord under subsection (11) of this section shall promptly remove the property from the facility.

�� (e) A landlord is not required to enter into a storage agreement with a lienholder, personal representative or designated person pursuant to subsection (20) of this section.

�� (24)(a) A landlord may sell or dispose of a tenant�s abandoned personal property without complying with the provisions of this section if, after termination of the tenancy or no more than seven days prior to the termination of the tenancy, the following parties so agree in a writing entered into in good faith:

�� (A) The landlord;

�� (B) The tenant, or for an abandonment as the result of the death of a tenant who was the only tenant, the personal representative, designated person or other person entitled to possession of the personal property, such as an heir or devisee, as described in subsection (21) of this section; and

�� (C) Any lienholder.

�� (b) A landlord may not, as part of a rental agreement, as a condition to approving a sale of property on rented space under ORS 90.680 or in any other manner, require a tenant, a personal representative, a designated person or any lienholder to waive any right provided by this section.

�� (25) Until personal property is conclusively presumed to be abandoned under subsection (9) of this section, a landlord does not have a lien pursuant to ORS 87.152 for storing the personal property. [1997 c.577 �27b; 1999 c.603 �33; 1999 c.676 �24; 2001 c.44 �2; 2001 c.596 �40; 2003 c.378 �18; 2003 c.655 �58; 2003 c.658 �8; 2005 c.5 �2; 2005 c.619 ��21,22; 2007 c.906 �34; 2013 c.294 �13; 2015 c.217 �4; 2019 c.1 �10; 2019 c.625 �36]

�� 90.680 Sale of dwelling or home on rented space; consignment sales; duties and rights of seller, prospective purchaser and landlord. (1) As used in this section, �consignment� means an agreement in which a tenant authorizes a landlord to sell a manufactured dwelling or floating home on behalf of the tenant who owns the dwelling or home in a facility that is owned by the landlord and for which the landlord receives compensation.

�� (2) A landlord may not deny any manufactured dwelling or floating home space tenant the right to sell a manufactured dwelling or floating home on a rented space or require the tenant to remove the dwelling or home from the space solely on the basis of the sale.

�� (3) A landlord may not require, as a condition of a tenant�s occupancy, consignment of the tenant�s manufactured dwelling or floating home.

�� (4)(a) A landlord may sell a tenant�s manufactured dwelling or floating home on consignment only if:

�� (A) The sale involves a dwelling in a facility and the landlord is licensed to sell dwellings under ORS 446.661 to 446.756. The license may be held by a person that differs from the person that owns the facility and is the landlord, if there is common ownership between the two.

�� (B) The landlord and tenant first enter into a written consignment contract that specifies at a minimum:

�� (i) The duration of the contract, which, unless extended in writing, may not exceed 180 days;

�� (ii) The estimated square footage of the dwelling or home, and the make, model, year, vehicle identification number and license plate number, if known;

�� (iii) The price offered for sale of the dwelling or home;

�� (iv) Whether lender financing is permitted and the amount, if any, of the earnest money deposit;

�� (v) Whether the transaction is intended to be closed through a state-licensed escrow;

�� (vi) All liens, taxes and other charges known to be in existence against the dwelling or home that must be removed before the tenant can convey marketable title to a prospective buyer;

�� (vii) The method of marketing the sale of a dwelling or home to the public, such as signs posted at the facility or through advertisements posted on the Internet or published in newspapers or in other publications;

�� (viii) The form and amount of compensation to the landlord, such as a fixed fee, a percentage of the gross sale price or another similar arrangement. If the form of compensation is a fixed fee, the contract shall state the amount; and

�� (ix) For the purpose of determining the net sale proceeds that are payable to the tenant, the manner and order by which the gross sale proceeds will be applied to liens, taxes, actual costs of sale, landlord compensation and other closing costs.

�� (C) Within 10 days after a sale, the landlord pays to the tenant the tenant�s share of the sale proceeds and provides to the tenant a written accounting for the sale proceeds.

�� (b) The landlord may not exact a commission or fee, however designated, or retain a portion of any sale proceeds for the sale of a manufactured dwelling or floating home on a rented space unless the landlord has acted as representative for the seller pursuant to a written consignment contract.

�� (5)(a) The landlord may not deny the tenant the right to place a �for sale� sign on or in a manufactured dwelling or floating home owned by the tenant. The size, placement and character of such signs shall be subject to reasonable rules of the landlord.

�� (b) If the landlord advertises a manufactured dwelling or floating home for sale within the facility, the tenant may advertise the sale of the tenant�s dwelling or home by posting a sign in a similar manner and similar location.

�� (6) A landlord may not knowingly make false statements to a prospective purchaser about the quality of a tenant�s manufactured dwelling or floating home.

�� (7) Nothing in this section prevents a landlord from selling to a prospective purchaser a manufactured dwelling or floating home owned by the landlord at a price or on terms, including space rent, that are more favorable than the price and terms offered for dwellings or homes that are for sale by a tenant.

�� (8) If the prospective purchaser of a manufactured dwelling or floating home desires to leave the dwelling or home on the rented space and become a tenant, the landlord may require in the rental agreement:

�� (a) Except when a termination or abandonment occurs, that a tenant give not more than 10 days� notice in writing prior to the sale of the dwelling or home on a rented space;

�� (b) That prior to the sale, the prospective purchaser submit to the landlord a complete and accurate written application for occupancy of the dwelling or home as a tenant after the sale is finalized and that a prospective purchaser may not occupy the dwelling or home until after the prospective purchaser is accepted by the landlord as a tenant;

�� (c) That a tenant give notice to any lienholder, prospective purchaser or person licensed to sell dwellings or homes of the requirements of paragraphs (b) and (d) of this subsection, the location of all properly functioning smoke alarms and any other rules and regulations of the facility such as those described in ORS 90.510 (5)(b), (f), (g), (i) and (j); and

�� (d) If the sale is not by a lienholder, that the prospective purchaser pay in full all rents, fees, deposits or charges owed by the tenant as authorized under ORS 90.140 and the rental agreement, prior to the landlord�s acceptance of the prospective purchaser as a tenant.

�� (9)(a) If a landlord requires a prospective purchaser to submit an application for occupancy as a tenant under subsection (8) of this section, the landlord shall provide, upon request from the purchaser, a copy of the application. At the time that the landlord gives the prospective purchaser an application the landlord shall also give the prospective purchaser:

�� (A) Copies of the statement of policy, the rental agreement and the facility rules and regulations, including any conditions imposed on a subsequent sale, all as provided by ORS 90.510;

�� (B) Copies of any outstanding notices given to the tenant under ORS 90.632;

�� (C) A list of any disrepair or deterioration of the manufactured dwelling or floating home;

�� (D) A list of any failures to maintain the space or to comply with any other provisions of the rental agreement; and

�� (E) A statement that the landlord may require a prospective purchaser to complete repairs and maintenance as described in the notices and lists provided under subparagraphs (B) to (D) of this paragraph.

�� (b) The terms of the statement of policy, rental agreement and rules and regulations need not be the same as those in the selling tenant�s statement, rental agreement and rules and regulations.

�� (c) Consistent with ORS 90.305 (4)(b), a landlord may require a prospective purchaser to pay a reasonable copying charge for the documents.

�� (d) If a prospective purchaser agrees, a landlord may provide the documents in an electronic format.

�� (10) The following apply if a landlord receives an application for tenancy from a prospective purchaser under subsection (8) of this section:

�� (a) The landlord shall accept or reject the prospective purchaser�s application within seven days following the day the landlord receives a complete and accurate written application. An application is not complete until the prospective purchaser pays any required applicant screening charge and provides the landlord with all information and documentation, including any financial data and references, required by the landlord pursuant to ORS 90.510 (5)(i). The landlord and the prospective purchaser may agree to a longer time period for the landlord to evaluate the prospective purchaser�s application or to allow the prospective purchaser to address any failure to meet the landlord�s screening or admission criteria. If a tenant has not previously given the landlord the 10 days� notice required under subsection (8)(a) of this section, the period provided for the landlord to accept or reject a complete and accurate written application is extended to 10 days.

�� (b) When a landlord considers an application for tenancy from a prospective purchaser of a dwelling or home from a tenant, the landlord shall apply to the prospective purchaser credit and conduct screening criteria that are substantially similar to the credit and conduct screening criteria the landlord applies to a prospective purchaser of a dwelling or home from the landlord.

�� (c) The landlord may not unreasonably reject a prospective purchaser as a tenant. Reasonable cause for rejection includes, but is not limited to, failure of the prospective purchaser to meet the landlord�s conditions for approval as provided in ORS

ORS 90.417

90.417.

�� (9) Except as provided in subsections (18) to (20) of this section, if the tenant, lienholder or owner of a recreational vehicle, manufactured dwelling or floating home does not respond within the time provided by the landlord�s notice, or the tenant, lienholder or owner does not remove the personal property within the time required by subsection (8) of this section or by any date agreed to with the landlord, whichever is later, the tenant�s, lienholder�s or owner�s personal property is conclusively presumed to be abandoned. The tenant and any lienholder or owner that have been given notice pursuant to subsection (3) or (4) of this section shall, except with regard to the distribution of sale proceeds pursuant to subsection (13) of this section, have no further right, title or interest to the personal property and may not claim or sell the property.

�� (10) If the personal property is presumed to be abandoned under subsection (9) of this section, the landlord then may:

�� (a) Sell the personal property at a public or private sale, provided that prior to the sale of a recreational vehicle, manufactured dwelling or floating home:

�� (A) The landlord may seek to transfer ownership of record of the personal property by complying with the requirements of the appropriate state agency; and

�� (B) The landlord shall:

�� (i) Place a notice in a newspaper of general circulation in the county in which the recreational vehicle, manufactured dwelling or floating home is located. The notice shall state:

�� (I) That the recreational vehicle, manufactured dwelling or floating home is abandoned;

�� (II) The tenant�s and owner�s name, if of record or actually known to the landlord;

�� (III) The address and any space number where the recreational vehicle, manufactured dwelling or floating home is located, and any plate, registration or other identification number for a recreational vehicle or floating home noted on the certificate of title, if actually known to the landlord;

�� (IV) Whether the sale is by private bidding or public auction;

�� (V) Whether the landlord is accepting sealed bids and, if so, the last date on which bids will be accepted; and

�� (VI) The name and telephone number of the person to contact to inspect the recreational vehicle, manufactured dwelling or floating home;

�� (ii) At a reasonable time prior to the sale, give a copy of the notice required by sub-subparagraph (i) of this subparagraph to the tenant and to any lienholder and owner, by personal delivery or first class mail, except that for any lienholder, mail service must be by first class mail with certificate of mailing;

�� (iv) Obtain written proof from the county that all property taxes and assessments on the manufactured dwelling or floating home have been paid or, if not paid, that the county has authorized the sale, with the sale proceeds to be distributed pursuant to subsection (13) of this section;

�� (b) Destroy or otherwise dispose of the personal property if the landlord determines that:

�� (A) For a manufactured dwelling or floating home, the current market value of the property is $8,000 or less as determined by the county assessor;

�� (B) For a recreational vehicle, the current market value of the vehicle is $4,000 or less; or

�� (C) For all other personal property, the reasonable current fair market value is $1,000 or less or so low that the cost of storage and conducting a public sale probably exceeds the amount that would be realized from the sale; or

�� (c) Consistent with paragraphs (a) and (b) of this subsection, sell certain items and destroy or otherwise dispose of the remaining personal property.

�� (11)(a) A public or private sale authorized by this section must:

�� (A) For a recreational vehicle, manufactured dwelling or floating home, be conducted consistent with the terms listed in subsection (10)(a)(B)(i) of this section. Every aspect of the sale including the method, manner, time, place and terms must be commercially reasonable; or

�� (B) For all other personal property, be conducted under the provisions of ORS 79A.6100.

�� (b) If there is no buyer at a sale of a manufactured dwelling or floating home, the personal property is considered to be worth $8,000 or less, regardless of current market value, and the landlord shall destroy or otherwise dispose of the personal property.

�� (12) Notwithstanding ORS 446.155 (1) and (2), unless a landlord intentionally misrepresents the condition of a manufactured dwelling or floating home, the landlord is not liable for the condition of the dwelling or home to:

�� (a) A buyer of the dwelling or home at a sale pursuant to subsection (10)(a) of this section, with or without consideration; or

�� (b) A person or nonprofit organization to whom the landlord gives the dwelling or home pursuant to subsection (1)(b), (10)(b) or (11)(b) of this section.

�� (13)(a) The landlord may deduct from the proceeds of the sale:

�� (A) The reasonable or actual cost of notice, storage and sale; and

�� (B) Unpaid rent.

�� (b) If the sale was of a manufactured dwelling or floating home, after deducting the amounts listed in paragraph (a) of this subsection, the landlord shall remit the remaining proceeds, if any, to the county tax collector to the extent of any unpaid property taxes and assessments owed on the dwelling or home.

�� (c) If the sale was of a recreational vehicle, manufactured dwelling or floating home, after deducting the amounts listed in paragraphs (a) and (b) of this subsection, if applicable, the landlord shall remit the remaining proceeds, if any, to any lienholder to the extent of any unpaid balance owed on the lien on the recreational vehicle, dwelling or home.

�� (d) After deducting the amounts listed in paragraphs (a), (b) and (c) of this subsection, if applicable, the landlord shall remit to the tenant or owner the remaining proceeds, if any, together with an itemized accounting.

�� (e) If the tenant or owner cannot after due diligence be found, the landlord shall deposit the remaining proceeds with the county treasurer of the county in which the sale occurred. If not claimed within three years, the deposited proceeds revert to the general fund of the county and are available for general purposes.

�� (14) The county tax collector shall cancel all unpaid property taxes and assessments owed on a manufactured dwelling or floating home, as provided under ORS 311.790, only under one of the following circumstances:

�� (a) The landlord disposes of the manufactured dwelling or floating home after a determination described in subsection (10)(b) of this section.

�� (b) There is no buyer of the manufactured dwelling or floating home at a sale described under subsection (11) of this section.

�� (c)(A) There is a buyer of the manufactured dwelling or floating home at a sale described under subsection (11) of this section;

�� (B) The current market value of the manufactured dwelling or floating home is $8,000 or less; and

�� (C) The proceeds of the sale are insufficient to satisfy the unpaid property taxes and assessments owed on the dwelling or home after distribution of the proceeds pursuant to subsection (13) of this section.

�� (d)(A) The landlord buys the manufactured dwelling or floating home at a sale described under subsection (11) of this section;

�� (B) The current market value of the manufactured dwelling or floating home is more than $8,000;

�� (C) The proceeds of the sale are insufficient to satisfy the unpaid property taxes and assessments owed on the manufactured dwelling or floating home after distribution of the proceeds pursuant to subsection (13) of this section; and

�� (D) The landlord disposes of the manufactured dwelling or floating home.

�� (15) The landlord is not responsible for any loss to the tenant, lienholder or owner resulting from storage of personal property in compliance with this section unless the loss was caused by the landlord�s deliberate or negligent act. In the event of a deliberate and malicious violation, the landlord is liable for twice the actual damages sustained by the tenant, lienholder or owner.

�� (16) Complete compliance in good faith with this section shall constitute a complete defense in any action brought by a tenant, lienholder or owner against a landlord for loss or damage to such personal property disposed of pursuant to this section.

�� (17) If a landlord does not comply with this section:

�� (b) A lienholder or owner aggrieved by the noncompliance may recover from the landlord the actual damages sustained by the lienholder or owner. ORS 90.255 does not authorize an award of attorney fees to the prevailing party in any action arising under this paragraph; and

�� (18) In the case of an abandoned recreational vehicle, manufactured dwelling or floating home, the provisions of this section regarding the rights and responsibilities of a tenant to the abandoned vehicle, dwelling or home also apply to any lienholder except that the lienholder may not sell or remove the vehicle, dwelling or home unless:

�� (a) The lienholder has foreclosed its lien on the recreational vehicle, manufactured dwelling or floating home;

�� (b) The tenant or a personal representative or designated person described in subsection (20) of this section has waived all rights under this section pursuant to subsection (26) of this section; or

�� (c) The notice and response periods provided by subsections (6) and (8) of this section have expired.

�� (19)(a) In the case of an abandoned manufactured dwelling or floating home but not including a dwelling or home abandoned following a termination pursuant to ORS 90.429 and except as provided by subsection (20)(d) and (e) of this section, if a lienholder makes a timely response to a notice of abandoned personal property pursuant to subsections (6) and (8) of this section and so requests, a landlord shall enter into a written storage agreement with the lienholder providing that the dwelling or home may not be sold or disposed of by the landlord for up to 12 months. A storage agreement entitles the lienholder to store the personal property on the previously rented space during the term of the agreement, but does not entitle anyone to occupy the personal property.

�� (b) The lienholder�s right to a storage agreement arises upon the failure of the tenant, owner or, in the case of a deceased tenant, the personal representative, designated person, heir or devisee to remove or sell the dwelling or home within the allotted time.

�� (d) The storage agreement may require, in addition to other provisions agreed to by the landlord and the lienholder, that:

�� (A) The lienholder make timely periodic payment of all storage charges, as described in subsection (7)(d) of this section, accruing from the commencement of the 45-day period described in subsection (6) of this section. A storage charge may include a utility or service charge, as described in ORS 90.562, if limited to charges for electricity, water, sewer service and natural gas and if incidental to the storage of personal property. A storage charge may not be due more frequently than monthly;

�� (e) During the term of an agreement described under this subsection, the lienholder has the right to remove or sell the property, subject to the provisions of the lien. Selling the property includes a sale to a purchaser who wishes to leave the dwelling or home on the rented space and become a tenant, subject to any conditions previously agreed to by the landlord and tenant regarding the landlord�s approval of a purchaser or, if there was no such agreement, any reasonable conditions by the landlord regarding approval of any purchaser who wishes to leave the dwelling or home on the rented space and become a tenant. The landlord also may condition approval for occupancy of any purchaser of the property upon payment of all unpaid storage charges and maintenance costs.

�� (f)(A) If the lienholder violates the storage agreement, the landlord may terminate the agreement by giving at least 90 days� written notice to the lienholder stating facts sufficient to notify the lienholder of the reason for the termination. Unless the lienholder corrects the violation within the notice period, the agreement terminates as provided and the landlord may sell or dispose of the dwelling or home without further notice to the lienholder.

�� (C) A lienholder may terminate a storage agreement at any time upon at least 14 days� written notice to the landlord and may remove the property from the rented space if the lienholder has paid all storage charges and other charges as provided in the agreement.

�� (g) Upon the failure of a lienholder to enter into a storage agreement as provided by this subsection or upon termination of an agreement, unless the parties otherwise agree or the lienholder has sold or removed the manufactured dwelling or floating home, the landlord may sell or dispose of the property pursuant to this section without further notice to the lienholder.

�� (20) If the personal property is a manufactured dwelling or floating home and is considered abandoned as a result of the death of a tenant who was the only tenant and who owned the dwelling or home, this section applies, except as follows:

�� (a) The following persons have the same rights and responsibilities regarding the abandoned dwelling or home as a tenant:

�� (A) Any personal representative named in a will or appointed by a court to act for the deceased tenant.

�� (B) Any person designated in writing by the tenant to be contacted by the landlord in the event of the tenant�s death.

�� (b) The notice required by subsection (3) of this section must be:

�� (A) Sent by first class mail to the deceased tenant at the premises; and

�� (B) Personally delivered or sent by first class mail to any personal representative or designated person, if actually known to the landlord.

�� (d) If a personal representative, designated person or other person entitled to possession of the property, such as an heir or devisee, responds by actual notice to a landlord within the 45-day period provided by subsection (6) of this section and so requests, the landlord shall enter into a written storage agreement with the representative or person providing that the dwelling or home may not be sold or disposed of by the landlord for up to 90 days or until conclusion of any probate proceedings, whichever is later. A storage agreement entitles the representative or person to store the personal property on the previously rented space during the term of the agreement, but does not entitle anyone to occupy the personal property. If such an agreement is entered, the landlord may not enter a similar agreement with a lienholder pursuant to subsection (19) of this section until the agreement with the personal representative or designated person ends.

�� (e) If a personal representative or other person requests that a landlord enter into a storage agreement, subsection (19)(c), (d) and (f)(C) of this section applies, with the representative or person having the rights and responsibilities of a lienholder with regard to the storage agreement.

�� (f) During the term of an agreement described under paragraph (d) of this subsection, the representative or person has the right to remove or sell the dwelling or home, including a sale to a purchaser or a transfer to an heir or devisee where the purchaser, heir or devisee wishes to leave the dwelling or home on the rented space and become a tenant, subject to any conditions previously agreed to by the landlord and tenant regarding the landlord�s approval for occupancy of a purchaser, heir or devisee or, if there was no such agreement, any reasonable conditions by the landlord regarding approval for occupancy of any purchaser, heir or devisee who wishes to leave the dwelling or home on the rented space and become a tenant. The landlord also may condition approval for occupancy of any purchaser, heir or devisee of the dwelling or home upon payment of all unpaid storage charges and maintenance costs.

�� (g) If the representative or person violates the storage agreement, the landlord may terminate the agreement by giving at least 30 days� written notice to the representative or person stating facts sufficient to notify the representative or person of the reason for the termination. Unless the representative or person corrects the violation within the notice period, the agreement terminates as provided and the landlord may sell or dispose of the dwelling or home without further notice to the representative or person.

�� (h) Upon the failure of a representative or person to enter into a storage agreement as provided by this subsection or upon termination of an agreement, unless the parties otherwise agree or the representative or person has sold or removed the manufactured dwelling or floating home, the landlord may sell or dispose of the property pursuant to this section without further notice to the representative or person.

�� (21) If the personal property is other than a manufactured dwelling or floating home and is considered abandoned as a result of the death of a tenant who was the only tenant and who owned the personal property, this section applies except as follows:

�� (a) The following persons have the same rights and responsibilities regarding the abandoned personal property as a tenant:

�� (A) An heir or devisee.

�� (B) Any personal representative named in a will or appointed by a court to act for the deceased tenant.

�� (C) Any person designated in writing by the tenant to be contacted by the landlord in the event of the tenant�s death.

�� (b) The notice required by subsection (3) of this section must be:

�� (A) Sent by first class mail to the deceased tenant at the premises;

�� (B) Personally delivered or sent by first class mail to any heir, devisee, personal representative or designated person, if actually known to the landlord; and

�� (C) Sent by first class mail to the attention of an estate administrator of the State Treasurer.

�� (c) The notice described in subsection (5) of this section must refer to the heir, devisee, personal representative, designated person or estate administrator of the State Treasurer, instead of the deceased tenant, and must incorporate the provisions of this subsection.

�� (d) The landlord shall allow a person that is an heir, devisee or personal representative of the tenant, or an estate administrator of the State Treasurer, to remove the personal property if the person contacts the landlord within the period provided by subsection (6) of this section, complies with the requirements of this section and provides the landlord with reasonable evidence that the person is an heir, devisee or personal representative, or an estate administrator of the State Treasurer.

�� (e) If no heir, devisee or personal representative of the tenant, or no estate administrator of the State Treasurer, contacts the landlord within the time period provided by subsection (6) of this section, the landlord shall allow removal of the personal property by the designated person of the tenant, if the designated person contacts the landlord within that period and complies with the requirements of this section and provides the landlord with reasonable evidence that the person is the designated person.

�� (f) A landlord who allows removal of personal property under this subsection is not liable to another person that has a claim or interest in the personal property.

�� (22) If a governmental agency determines that the condition of a manufactured dwelling or floating home abandoned under this section constitutes an extreme health or safety hazard under state or local law and the agency determines that the hazard endangers others in the immediate vicinity and requires quick removal of the property, the landlord may sell or dispose of the property pursuant to this subsection. The landlord shall comply with all provisions of this section, except as follows:

�� (a) The date provided in subsection (6) of this section by which a tenant, lienholder, owner, personal representative or designated person must contact a landlord to arrange for the disposition of the property must be not less than 15 days after personal delivery or mailing of the notice required by subsection (3) of this section.

�� (b) The date provided in subsections (8) and (9) of this section by which a tenant, lienholder, owner, personal representative or designated person must remove the property must be not less than seven days after the tenant, lienholder, owner, personal representative or designated person contacts the landlord.

�� (c) The notice required by subsection (3) of this section must be as provided in subsection (5) of this section, except that:

�� (A) The dates and deadlines in the notice for contacting the landlord and removing the property must be consistent with this subsection;

�� (B) The notice must state that a governmental agency has determined that the property constitutes an extreme health or safety hazard and must be removed quickly; and

�� (C) The landlord shall attach a copy of the agency�s determination to the notice.

�� (d) If the tenant, a lienholder, owner, personal representative or designated person does not remove the property within the time allowed, the landlord or a buyer at a sale by the landlord under subsection (11) of this section shall promptly remove the property from the facility.

�� (e) A landlord is not required to enter into a storage agreement with a lienholder, owner, personal representative or designated person pursuant to subsection (19) of this section.

�� (23)(a) If an official or agency referred to in ORS 453.876 notifies the landlord that the official or agency has determined that all or part of the premises is unfit for use as a result of the presence of an illegal drug manufacturing site involving methamphetamine, and the landlord complies with this subsection, the landlord is not required to comply with subsections (1) to (22) and (24) to (27) of this section with regard to personal property left on the portion of the premises that the official or agency has determined to be unfit for use.

�� (b) Upon receiving notice from an official or agency determining the premises to be unfit for use, the landlord shall promptly give written notice to the tenant as provided in subsection (3) of this section. The landlord shall also attach a copy of the notice in a secure manner to the main entrance of the dwelling unit. The notice to the tenant shall include a copy of the official�s or agency�s notice and state:

�� (A) That the premises, or a portion of the premises, has been determined by an official or agency to be unfit for use due to contamination from the manufacture of methamphetamine and that as a result subsections (1) to (22) and (24) to (27) of this section do not apply to personal property left on any portion of the premises determined to be unfit for use;

�� (B) That the landlord has hired, or will hire, a contractor to assess the level of contamination of the site and to decontaminate the site;

�� (C) That upon hiring the contractor, the landlord will provide to the tenant the name, address and telephone number of the contractor; and

�� (D) That the tenant may contact the contractor to determine whether any of the tenant�s personal property may be removed from the premises or may be decontaminated at the tenant�s expense and then removed.

�� (c) To the extent consistent with rules of the Department of Human Services, the contractor may release personal property to the tenant.

�� (d) If the contractor and the department determine that the premises or the tenant�s personal property is not unfit for use, upon notification by the department of the determination, the landlord shall comply with subsections (1) to (22) and (24) to (27) of this section for any personal property left on the premises.

�� (e) Except as provided in paragraph (d) of this subsection, the landlord is not responsible for storing or returning any personal property left on the portion of the premises that is unfit for use.

�� (24) In the case of an abandoned recreational vehicle, manufactured dwelling or floating home that is owned by someone other than the tenant, the provisions of this section regarding the rights and responsibilities of a tenant to the abandoned vehicle, dwelling or home also apply to that owner, with regard only to the vehicle, dwelling or home, and not to any goods left inside or outside the vehicle, dwelling or home.

�� (25) In the case of an abandoned motor vehicle, including a recreational vehicle, the procedure authorized by ORS 98.830 for removal of abandoned motor vehicles from private property may be used by a landlord as an alternative to the procedures required in this section.

�� (26)(a) A landlord may sell or dispose of a tenant�s abandoned personal property without complying with subsections (1) to (25) and (27) of this section if, after termination of the tenancy or no more than seven days prior to the termination of the tenancy, the following parties so agree in a writing entered into in good faith:

�� (A) The landlord;

�� (C) In the case of a manufactured dwelling, floating home or recreational vehicle, any owner and any lienholder.

�� (b) A landlord may not, as part of a rental agreement, require a tenant, a personal representative, a designated person or any lienholder or owner to waive any right provided by this section.

�� (27) Until personal property is conclusively presumed to be abandoned under subsection (9) of this section, a landlord does not have a lien pursuant to ORS 87.152 for storing the personal property. [Formerly 91.840; 1993 c.18 �15; 1993 c.369 �14; 1995 c.559 �31; 1997 c.577 �25; 1999 c.603 �28; 2001 c.44 �1; 2001 c.445 �165; 2001 c.596 �35; 2003 c.378 �14; 2003 c.655 �57; 2003 c.658 �5; 2005 c.5 �1; 2005 c.391 �34; 2005 c.619 ��17,18; 2007 c.906 �31; 2009 c.431 �8; 2011 c.42 �8b; 2013 c.294 �12; 2017 c.480 �17; 2019 c.585 �17; 2019 c.678 �52; 2023 c.250 �4]

�� 90.426 [1995 c.758 �3; repealed by 1997 c.577 �50]

�� 90.427 Termination of tenancy without tenant cause; effect of termination notice. (1) As used in this section:

�� (a) �First year of occupancy� includes all periods in which any of the tenants has resided in the dwelling unit for one year or less.

�� (b) �Immediate family� means:

�� (A) An adult person related by blood, adoption, marriage or domestic partnership, as defined in ORS 106.310, or as defined or described in similar law in another jurisdiction;

�� (B) An unmarried parent of a joint child;

�� (C) A child, grandchild, foster child, ward or guardian; or

�� (D) A child, grandchild, foster child, ward or guardian of any person listed in subparagraph (A) or (B) of this paragraph.

�� (2) If a tenancy is a week-to-week tenancy, the landlord or the tenant may terminate the tenancy by a written notice given to the other at least 10 days before the termination date specified in the notice.

�� (3) If a tenancy is a month-to-month tenancy:

�� (a) At any time during the tenancy, the tenant may terminate the tenancy by giving the landlord notice in writing not less than 30 days prior to the date designated in the notice for the termination of the tenancy.

�� (b) At any time during the first year of occupancy, the landlord may terminate the tenancy by giving the tenant notice in writing not less than 30 days prior to the date designated in the notice for the termination of the tenancy.

�� (c) Except as provided in subsection (8) of this section, at any time after the first year of occupancy, the landlord may terminate the tenancy only:

�� (A) For a tenant cause and with notice in writing as specified in ORS 86.782 (6)(c), 90.380 (5),

ORS 90.505

90.505 to 90.850 apply moves for an order compelling arbitration and abating the proceedings, the court shall summarily determine whether the controversy between the parties is subject to an arbitration agreement enforceable under ORS 90.769 and, if so, shall issue an order compelling the parties to submit to arbitration in accordance with the agreement and abating the action for not more than 30 days, unless the parties agree to an order of abatement for a longer period acceptable to the court.

�� (2) If the court issues an order compelling arbitration under subsection (1) of this section, the court may not order the payment of rent into court pending the arbitration unless the court finds such an order is necessary to protect the rights of the parties. [1989 c.918 �7; 1991 c.844 �20; 1995 c.559 �46; 2001 c.596 �49a; 2007 c.508 �15; 2019 c.625 �68]

�� 105.139 Burden of proof in certain cases. If a landlord brings an action for possession under ORS 90.403 and the person in possession contends that the tenant has not vacated the premises, the burden of proof is on the defendant as to that issue. [1983 c.303 �3; 1993 c.369 �34; 2003 c.378 �21; 2005 c.22 �81; 2005 c.391 �30]

�� 105.140 Continuance. No continuance shall be granted to a defendant for a longer period than two days unless:

�� (1) The defendant gives an undertaking to the adverse party with good and sufficient security, to be approved by the court, conditioned for the payment of the rent that may accrue if judgment is rendered against the defendant; or

�� (2) In an action for the recovery of the possession of a dwelling unit to which ORS chapter 90 applies, the court orders a defendant to pay rent into court as it becomes due from the commencement of the action until entry of a general judgment in the action. If a defendant fails to pay rent into court as ordered under this subsection, the action shall be tried forthwith. [Amended by 1973 c.559 �36; 1977 c.365 �2; 1979 c.854 �4; 2003 c.576 �237]

�� 105.145 Judgment on trial by court; duties of parties to stipulated agreement. (1) If an action is tried by the court without a jury, and after hearing the evidence the court concludes that the complaint is not true, the court shall enter judgment against the plaintiff for costs and disbursements. If the court finds the complaint true or if judgment is rendered by default, the court shall render a general judgment against the defendant and in favor of the plaintiff, for restitution of the premises and the costs and disbursements of the action. If the court finds the complaint true in part, the court shall render judgment for the restitution of such part only, and the costs and disbursements shall be taxed as the court deems just and equitable.

�� (2) If, as a result of a court-sponsored or other mediation or otherwise, the plaintiff and defendant agree, in the manner provided by ORCP 67 F for judgment by stipulation, that the defendant shall perform in a certain manner or that the plaintiff shall be paid moneys agreed to be owing by the defendant and that as a result of that performance or payment the defendant shall retain possession of the premises, including retention of possession contingent upon that performance or payment of moneys by the defendant by a certain date, the court shall enter an order or judgment to that effect. In addition, if the plaintiff and defendant agree that the plaintiff shall perform in a certain manner or pay moneys to the defendant by a certain date, the court shall enter an order or judgment to that effect.

�� (3) If, as provided by subsection (2) of this section, the parties enter an order or judgment by stipulation that requires the defendant to perform in a certain manner or make a payment by a certain date and the defendant later demonstrates compliance with the stipulation, the court shall enter a judgment of dismissal in favor of the defendant. [Amended by 1997 c.577 �35; 1999 c.603 �36; 2003 c.378 �22]

�� 105.146 Failure of defendant to perform as ordered; judgment of restitution. (1) In an action to recover possession of the premises, if the court has entered an order by stipulation that provides for the defendant to retain possession of the premises contingent upon the defendant�s performance or payment of moneys by a certain date as provided under ORS 105.145 (2), and the defendant fails to comply with the order, the plaintiff may obtain and enforce a judgment of restitution of the premises pursuant to this section and ORS 105.148 and 105.149.

�� (2) A plaintiff may obtain and enforce a judgment of restitution based upon an order entered as provided under ORS 105.145 (2), provided the order includes only:

�� (a) Future performance or conduct as described in the order for a period of not more than six months following entry of the order;

�� (b) Payment of past due rent and other past due amounts pursuant to a schedule provided in the order for a period of not more than six months following entry of the order;

�� (c) Payment of rent due for future rental periods that follow entry of the order pursuant to a schedule provided in the order for not more than the first three monthly rental periods following entry of the order; and

�� (d) Payment of any costs, disbursements or attorney fees pursuant to a schedule provided in the order.

�� (3) The order shall contain a statement providing that 12 months following the entry of the order, the court shall automatically dismiss the order without further notice to either the plaintiff or the defendant.

�� (4) If the defendant fails to comply with the order, the plaintiff may file with the clerk of the court an affidavit or declaration of noncompliance describing how the defendant has failed to comply. The plaintiff shall attach a copy of the order to the affidavit or declaration. The affidavit or declaration, or the order, must include the terms of the underlying settlement agreement or stipulation or have a copy of the agreement attached.

�� (5) Upon receipt of a plaintiff�s affidavit or declaration:

�� (a) The court shall enter a judgment of restitution; and

�� (b) The clerk shall issue a notice of restitution as provided by ORS 105.151 and attach to the notice a copy of the plaintiff�s affidavit or declaration of noncompliance and any attachments for service.

�� (6) The court shall establish a procedure that allows the defendant to request a hearing on the plaintiff�s affidavit or declaration of noncompliance and delay expiration of the notice of restitution period or execution upon a judgment of restitution pending the hearing.

�� (7) The court shall enter a judgment dismissing the plaintiff�s action in favor of the defendant without assessment of costs, disbursements, prevailing party fee or attorney fees against either party except as provided in the order and without further notice to either party:

�� (a) Upon receipt of a writing signed by the plaintiff showing compliance with or satisfaction of the order; or

�� (b) Twelve months following entry of the order, unless the plaintiff has filed an affidavit or declaration of noncompliance and the court has found in favor of the plaintiff on the affidavit or declaration. [2001 c.596 �10 (105.146, 105.148 and 105.149 enacted in lieu of 105.147); 2003 c.378 �23; 2007 c.508 �16]

�� Note: 105.146 to 105.149 were added to and made a part of 105.100 to 105.168 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 105.147 [1999 c.603 �4; repealed by 2001 c.596 �9 (105.146, 105.148 and 105.149 enacted in lieu of 105.147)]

�� 105.148 Contesting plaintiff�s affidavit or declaration of noncompliance; ex parte review of hearing request; delaying execution upon judgment of restitution. (1)(a) To contest a plaintiff�s affidavit or declaration of noncompliance under ORS 105.146 and delay expiration of the notice of restitution period or execution upon the judgment of restitution, a defendant shall file a request for hearing with the clerk of the court. The request must be filed prior to issuance by the clerk of a writ of execution of judgment of restitution and must include a statement by the defendant describing how the defendant complied with the order or describing why the defendant should not be required to comply.

�� (b) A court may, as part of the procedure authorized by ORS 105.146 (6), require that a defendant submit a hearing request to the court for ex parte review prior to the defendant�s filing the request with the clerk. If the court provides for ex parte review, the ex parte review must be available every judicial day for appearance by the defendant before the court within the time period between service of the notice of restitution and the date of expiration of the notice of restitution. The notice of restitution must include or have attached to it a description of the requirements for appearing before the court for ex parte review and a copy of the hearing request form. The court may not require that the defendant notify the plaintiff of the defendant�s intention to appear before the court. If, after hearing the defendant at the ex parte review, the court finds that the reasons given by the defendant for opposing the plaintiff�s affidavit or declaration of noncompliance do not relate to the issues listed in ORS 105.149 (2), the court shall deny the request for a hearing.

�� (2) The clerk shall make available a document providing for a request for hearing by a defendant. The document must be in substantially the following form:

IN THE CIRCUIT COURT

FOR THE COUNTY OF

Defendant�s Request for Hearing to

Contest an Affidavit or Declaration

of Noncompliance

Case No. _____

Landlord or agent (Plaintiff):

�� vs.

Tenant/Occupant (Defendant):

Address of Property:

�� 1. My landlord has filed a statement with the court saying that I have not complied with a court-approved agreement and that as a result my landlord is entitled to possession of the property.

�� 2. I deny the landlord is entitled to possession of the property because (The reason must be one of the following. You must check one or more of these responses and you must explain in section 3.):

�� _____ a. The landlord is wrong. As explained below, I did comply with the agreement.

�� _____ b. Before I could comply with the agreement, the landlord was supposed to do what is explained below, which the landlord did not do.

�� _____ c. The landlord and I changed the agreement and I complied with the agreement as changed. The change we agreed to is explained below.

�� _____ d. The landlord prevented me from keeping the agreement. The way the landlord did that is explained below.

�� _____ e. The agreement was not made in good faith as required by ORS 90.130. The lack of good faith is explained below.

�� _____ f. The portion of the agreement described below was unconscionable as described in ORS

ORS 90.514

90.514. [2001 c.282 �5; 2005 c.41 �5]

�� 90.518 Provider statement of estimated cost of improvements. (1) A provider shall give the buyer a statement of estimated costs for all improvements to be made under a contract between the buyer and the provider. The provider shall deliver the statement of estimated costs to the buyer before work commences on any of the improvements covered by the contract.

�� (2) If a provider fails to give a statement of estimated costs or knowingly fails to give a complete statement of estimated costs, a buyer who does not have actual notice of the total cost for an improvement and suffers an ascertainable loss due to the failure by the provider may bring an action to recover the greater of actual damages or $200.

�� (3) Except as provided in ORS 41.740, a statement of estimated costs given under this section is considered to contain all of the terms of the contract between the buyer and the provider. The contents of the statement of estimated costs are the only admissible evidence of the terms of the contract between the buyer and the provider. [2001 c.282 �4; 2005 c.41 �6]

�� 90.525 Unreasonable conditions of rental or occupancy prohibited; notice of rights. (1) A landlord may not impose conditions of rental or occupancy which unreasonably restrict the tenant or prospective tenant in choosing a fuel supplier, furnishings, goods, services or accessories.

�� (2) A landlord may not prohibit a tenant from engaging a real estate agent or a licensed manufactured structure dealer of the tenant�s choice to facilitate the sale or sublease allowed under ORS 90.555 of the tenant�s manufactured dwelling or floating home.

�� (3) The landlord of a facility may not require the prospective tenant to purchase a manufactured dwelling or floating home from a particular dealer or one of a group of dealers.

�� (4) A landlord renting a space for a manufactured dwelling or floating home may not give preference to a prospective tenant who purchased a manufactured dwelling or floating home from a particular dealer.

�� (5) A manufactured dwelling or floating home dealer may not, as a condition of sale, require a purchaser to rent a space for a manufactured dwelling or floating home in a particular facility or one of a group of facilities, except that a dealer who is a landlord of a facility may require a purchaser of a dwelling or home from the landlord to rent a space for the dwelling or home in the landlord�s facility.

�� (6) At the time of evaluating an applicant under ORS 90.303 or a prospective purchaser under ORS 90.680 (10)(a) or upon the execution of a rental agreement, whichever is earlier, the landlord of a facility shall provide the applicant, purchaser or tenant a copy of an informational handout regarding rights of tenants and landlords when a tenant is selling a manufactured dwelling or floating home in a facility, in a form prescribed by the Housing and Community Services Department. [Formerly 91.895; 1991 c.844 �7; 2019 c.268 �2]

�� 90.527 Renter�s liability insurance in park. (1) A landlord may require a tenant in a manufactured dwelling park to obtain and maintain renter�s liability insurance only if:

�� (a) The insurance requirement is in the park�s statement of policy and in the written rental agreement.

�� (b) The landlord obtains and maintains comparable liability insurance.

�� (c) Documentation, including a certificate of coverage, that shows the landlord�s insurance coverage is posted in a common area or delivered or made available to any tenant by request, orally or in writing.

�� (d) The amount of required coverage does not exceed $100,000 per occurrence.

�� (2) A landlord may require an applicant to:

�� (a) Provide documentation of renter�s liability insurance coverage before the tenancy begins.

�� (b) Name the landlord as an interested party on the tenant�s renter�s insurance policy authorizing the insurer to notify the landlord of:

�� (A) Cancellation or nonrenewal of the policy;

�� (B) Reduction of policy coverage; or

�� (C) Removal of the landlord as an interested party.

�� (c) Provide documentation on a periodic basis related to the coverage period of the renter�s liability insurance policy.

�� (3) A landlord may not:

�� (a) Require that a tenant obtain renter�s liability insurance from a particular insurer;

�� (b) Require that a tenant name the landlord as an additional insured or as having any special status on the tenant�s renter�s liability insurance policy other than as an interested party for the purposes described in subsection (2)(b) of this section;

�� (c) Require that a tenant waive the insurer�s subrogation rights; or

�� (d) Make a claim against the tenant�s renter�s liability insurance unless:

�� (A) The claim is for damages or costs for which the tenant is legally liable and not for damages or costs that result from ordinary wear and tear, acts of God or the conduct of the landlord;

�� (B) The claim is greater than any security deposit of the tenant; and

�� (C) The landlord provides a copy of the claim to the tenant contemporaneous with filing the claim with the insurer. [2021 c.260 �11]

�� 90.528 Use of common areas or facilities. (1) A landlord who rents a space for a manufactured dwelling may require a deposit for the use of common areas or facilities by a tenant or tenants. The amount of any deposit charged for the use of common areas or facilities shall be reasonably based on the potential cleaning cost or other costs associated with the use of the area or facility. Conditions for return of a deposit shall be stated in writing and made available to the tenant or tenants placing the deposit.

�� (2) No tenant shall be required to acquire a bond or insurance policy as a precondition for the use of common areas or facilities.

�� (3) A landlord who rents a space for a manufactured dwelling shall not prohibit use of a common area or facility if the purpose of the prohibition is to prevent the use of the area or facility for tenant association meetings, tenant organizing meetings or other lawful tenant activities. [1997 c.303 ��3,4]

�� Note: 90.528 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 90 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 90.530 Pets in facilities; rental agreements; violations. (1) Notwithstanding a change in the rules and regulations of a manufactured dwelling or floating home facility that would prohibit pets, a tenant may keep a pet that is otherwise legally living with the tenant at the time the landlord provides notice of the proposed change to the rules and regulations of the facility. The tenant may replace a pet with a pet similar to the one living with the tenant at the time the landlord provided notice of the proposed change. New rules and regulations that regulate the activities of pets shall apply to all pets in the facility, including those pets that were living in the facility prior to the adoption of the new rules or regulations.

�� (2) A rental agreement between a landlord renting a space for a manufactured dwelling or floating home and a tenant renting the space must comply with the following:

�� (a) A landlord may not charge a one-time, monthly or other periodic amount based on the tenant�s possession of a pet.

�� (b) A landlord may provide written rules regarding control, sanitation, number, type and size of pets. The landlord may require the tenant to sign a pet agreement and to provide proof of liability insurance. The landlord may require the tenant to make the landlord a co-insured for the purpose of receiving notice in the case of cancellation of the insurance.

�� (c) A landlord may charge a tenant an amount for a violation of a written pet agreement or rules relating to pets not to exceed $50 for each violation. [1997 c.304 �2; 2001 c.596 �35b; 2003 c.378 �17]

�� 90.531 [2005 c.619 �5; 2019 c.625 �42; renumbered 90.560 in 2019]

�� 90.532 [2005 c.619 �6; 2007 c.71 �24; 2009 c.305 �1; 2009 c.816 ��6,6a; 2011 c.503 ��6,6a; 2013 c.443 �14; 2019 c.625 �43; renumbered 90.562 in 2019]

�� 90.533 [2009 c.816 �2; 2019 c.625 �54; renumbered 90.566 in 2019]

�� 90.534 [2005 c.619 �7; 2009 c.305 �2; 2009 c.816 �7; 2019 c.625 �44; renumbered 90.568 in 2019]

�� 90.535 [2009 c.816 �3; renumbered 90.564 in 2019]

�� 90.536 [2005 c.619 �8; 2009 c.305 �3; 2011 c.503 �8; 2019 c.625 �45; renumbered 90.572 in 2019]

�� 90.537 [2005 c.619 �9; 2009 c.816 �8; 2011 c.503 �9; 2019 c.625 �46; renumbered 90.574 in 2019]

�� 90.538 [2009 c.816 �4; 2019 c.625 �47; renumbered 90.582 in 2019]

�� 90.539 [2005 c.619 �10; 2019 c.625 �47a; renumbered 90.580 in 2019]

�� 90.540 [2001 c.596 �23; renumbered 90.550 in 2011]

�� 90.541 [2011 c.503 �2; renumbered 90.576 in 2019]

�� 90.543 [2009 c.479 �1; 2011 c.503 �4; 2013 c.443 �9; 2019 c.625 �48; renumbered 90.578 in 2019]

�� 90.545 Fixed term tenancy expiration; renewal or extension; new rental agreements; tenant refusal of new rental agreement; written storage agreement upon termination of tenancy. (1) Except as provided under subsections (2) to (6) of this section, a fixed term tenancy for space for a manufactured dwelling or floating home, upon reaching its ending date, automatically renews as a month-to-month tenancy having the same terms and conditions, other than duration and rent increases under ORS

ORS 90.675

90.675.

�� (3) If the assessor cannot compute the exact amount of taxes due, the owner shall pay an amount based on the current assessed value of the manufactured structure or the value that would be used on the next assessment roll, or an amount based on the assessor�s best estimate of the total taxes and assessments. ORS 311.370 applies to taxes and assessments collected under this section.

�� (4) If the county assessor determines that all due or pending taxes and assessments have been paid, the assessor may issue a trip permit on behalf of the department and shall forward the application information to the department. The department shall update the department�s record for the manufactured structure and issue an updated ownership document for the structure indicating the change in information. If no ownership document exists for the manufactured structure, the department shall record the information for the structure and issue an ownership document.

�� (5) The department shall deliver an ownership document updated or issued under subsection (4) of this section to the holder of the earliest perfected unreleased security interest in the manufactured structure or, if none, to the owner of the structure. The department shall also send a copy of the ownership document to any other holders of unreleased security interests in the structure and to the county assessor for the county in which the structure is to be sited.

�� (6) The Department of Consumer and Business Services or a county may charge fees for services provided under this section. The fees charged pursuant to this subsection may not exceed the cost of the services provided.

�� (7) Subsections (1) to (6) of this section do not apply to the movement of a manufactured structure described under ORS 446.576 (1)(a) or (b) or 446.736. [2003 c.655 �22; 2005 c.22 �321]

�� Note: See note under 446.561.

�� 446.635 [1967 c.598 �2; 1971 c.588 �6; repealed by 1973 c.833 �48]

�� 446.636 Manufactured structure trip permits. (1) For a new manufactured structure, the manufactured structure dealer must obtain the trip permit on behalf of the owner. If the dealer fails to obtain the trip permit prior to the scheduled moving date, the vehicle transporter must obtain the trip permit on behalf of the owner.

�� (2) For a used manufactured structure, the owner must obtain a trip permit from the county assessor for the county in which the manufactured structure is sited.

�� (3) Notwithstanding subsections (1) and (2) of this subsection, if a dealer or vehicle transporter refuses to obtain a trip permit as required by subsection (1) of this section, or if a county assessor refuses to issue a trip permit to an owner who has complied with ORS 446.631, the owner may apply directly to the Department of Consumer and Business Services for a trip permit.

�� (4) The department may issue trip permits in bulk to a manufactured structure dealer or vehicle transporter. [2003 c.655 �22a]

�� Note: See note under 446.561.

�� 446.640 [1959 c.314 �17; repealed by 1973 c.833 �48]

�� 446.641 Sale of manufactured structure having ownership document or that is exempt structure. (1) If a person sells an ownership interest in a manufactured structure for which there is an ownership document issued under ORS 446.611 or a structure described in ORS 446.621 (1) to (6), the seller shall give notice of the sale to the county assessor for the county in which the structure is sited.

�� (2) The seller�s notice must be on a form approved by the Department of Consumer and Business Services. Information required by the form must include, but need not be limited to:

�� (a) The identities of the seller and the purchaser;

�� (b) Any change in the security interest in the structure resulting from the transaction; and

�� (c) For each holder of an unreleased security interest:

�� (A) A signed statement recorded on the ownership document for the manufactured structure acknowledging that the interest holder is aware of the sale; or

�� (B) Documentation satisfactory to the department showing that acknowledgment by the holder was requested but the holder has not responded.

�� (3) The seller shall submit the following with the notice:

�� (a) The ownership document or other document evidencing ownership of the manufactured structure.

�� (b) A copy of the bill of sale.

�� (c) Documentation satisfactory to the county assessor that all taxes, special assessments and other charges placed on the tax roll that have been certified for collection under ORS 311.105 and 311.110, all taxes in homestead deferral as described under ORS 311.666 to 311.701 and all delinquent taxes and special assessments for past years are paid or have been canceled.

�� (4) The county assessor shall forward the information contained in the notice and the ownership document or other document evidencing ownership to the department. The department shall update the ownership document for the manufactured structure or, if no ownership document exists, enter the information in the department�s records and issue an ownership document for the structure.

�� (6) A transfer of ownership of a manufactured structure by operation of law is a sale of the manufactured structure for purposes of this section.

�� (7) Notice given to a county assessor under subsection (1) of this section is not an instrument of conveyance.

�� (8) If a seller does not give a notice of sale to the county assessor within 30 days after closing of the sale of a manufactured structure, a buyer may submit a notice of sale to the assessor if the notice is accompanied by proof of sale acceptable to the department as provided by rule. Upon receipt of a notice of sale and acceptable proof of sale, the assessor shall forward the information to the department as provided in subsection (4) of this section. Submission of a notice of sale by a buyer does not excuse a seller from civil penalty under ORS

ORS 90.734

90.734.

�� (2) The department shall deposit a civil penalty assessed under this section in the Manufactured and Marina Communities Account.

�� (3) If a civil penalty assessed under this section is not paid on or before 90 days after the order assessing the civil penalty becomes final by operation of law, the department may file the order with the county clerk of the county where the facility is located as a lien against the facility. In addition to any other available remedy, recording the order in the County Clerk Lien Record has the effect provided for in ORS 205.125 and 205.126 and the order may be enforced as provided in ORS 205.125 and 205.126. [2005 c.619 �4; 2009 c.816 �12; 2019 c.625 ��6,20]

�� Note: 90.736 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 90 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 90.738 Enforcement of registration and education requirements; advisory committee; rules. (1) The Housing and Community Services Department shall adopt rules for the administration and enforcement of ORS 90.732 and 90.734. The rules shall include, but need not be limited to, a rule that establishes a schedule of civil penalties for noncompliance that is consistent with the amount limitation established under ORS 90.736.

�� (2) The department shall appoint an advisory committee to advise the department in drafting the rules required by subsection (1) of this section and to assist the department in implementing and administering the duties of the department regarding the registration and continuing education requirements established in ORS 90.732 and 90.734. The advisory committee shall include representatives of interested parties, including but not limited to representatives of manufactured dwelling park landlords and representatives of manufactured dwelling park tenants. [2009 c.816 �9]

�� Note: 90.738 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 90 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Tenant Rights and Obligations)

�� 90.740 Tenant obligations. A tenant shall:

�� (1) Install the tenant�s manufactured dwelling or floating home and any accessory building or structure on a rented space in compliance with applicable laws and the rental agreement.

�� (2) Except as provided by the rental agreement, dispose from the dwelling or home and the rented space all ashes, garbage, rubbish and other waste in a clean, safe and legal manner. With regard to needles, syringes and other infectious waste, as defined in ORS 459.386, the tenant may not dispose of these items by placing them in garbage receptacles or in any other place or manner except as authorized by state and local governmental agencies.

�� (3) Behave, and require persons on the premises with the consent of the tenant to behave, in compliance with the rental agreement and with any laws or ordinances that relate to the tenant�s behavior as a tenant.

�� (4) Except as provided by the rental agreement:

�� (a) Use the rented space and the facility common areas in a reasonable manner considering the purposes for which they were designed and intended;

�� (b) Keep the rented space in every part free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin as the condition of the rented space permits and to the extent that the tenant is responsible for causing the problem. The tenant shall cooperate to a reasonable extent in assisting the landlord in any reasonable effort to remedy the problem;

�� (c) Keep the dwelling or home, and the rented space, safe from the hazards of fire;

�� (d) Install and maintain in the dwelling or home a smoke alarm approved under applicable law;

�� (e) Install and maintain storm water drains on the roof of the dwelling or home and connect the drains to the drainage system, if any;

�� (f) Use electrical, water, storm water drainage and sewage disposal systems in a reasonable manner and maintain the connections to those systems;

�� (g) Refrain from deliberately or negligently destroying, defacing, damaging, impairing or removing any part of the facility, other than the tenant�s own dwelling or home, or knowingly permitting any person to do so;

�� (h) Maintain, water and mow or prune any shrubbery or grass on the rented space;

�� (i) Maintain and water trees, including cleanup and removal of fallen branches and leaves, on the rented space for a manufactured dwelling except for hazard trees as provided in ORS 90.727; and

�� (j) Behave, and require persons on the premises with the consent of the tenant to behave, in a manner that does not disturb the peaceful enjoyment of the premises by neighbors. [1999 c.676 �3; 2013 c.443 �3]

�� 90.750 Right to assemble or canvass in facility; limitations. No provision contained in any bylaw, rental agreement, regulation or rule pertaining to a facility shall:

�� (1) Infringe upon the right of persons who rent spaces in a facility to peaceably assemble in an open public meeting for any lawful purpose, at reasonable times and in a reasonable manner, in the common areas or recreational areas of the facility. Reasonable times shall include daily the hours between 8 a.m. and 10 p.m.

�� (2) Infringe upon the right of persons who rent spaces in a facility to communicate or assemble among themselves, at reasonable times and in a reasonable manner, for the purpose of discussing any matter, including but not limited to any matter relating to the facility or manufactured dwelling or floating home living. The discussions may be held in the common areas or recreational areas of the facility, including halls or centers, or any resident�s dwelling unit or floating home. The landlord of a facility, however, may enforce reasonable rules and regulations including but not limited to place, scheduling, occupancy densities and utilities.

�� (3) Prohibit any person who rents a space for a manufactured dwelling or floating home from canvassing other persons in the same facility for purposes described in this section. As used in this subsection, �canvassing� includes door-to-door contact, an oral or written request, the distribution, the circulation, the posting or the publication of a notice or newsletter or a general announcement or any other matter relevant to the membership of a tenants� association.

�� (4) This section is not intended to require a landlord to permit any person to solicit money, except that a tenants� association member, whether or not a tenant of the facility, may personally collect delinquent dues owed by an existing member of a tenants� association.

�� (5) This section is not intended to require a landlord to permit any person to disregard a tenant�s request not to be canvassed. [Formerly 91.920; 1991 c.844 �17; 1997 c.303 �2]

�� 90.755 Right to speak on political issues; limitations; placement of political signs. (1) No provision in any bylaw, rental agreement, regulation or rule may infringe upon the right of a person who rents a space for a manufactured dwelling or floating home to invite public officers, candidates for public office or officers or representatives of a tenant organization to appear and speak upon matters of public interest in the common areas or recreational areas of the facility at reasonable times and in a reasonable manner in an open public meeting. The landlord of a facility, however, may enforce reasonable rules and regulations relating to the time, place and scheduling of the speakers that will protect the interests of the majority of the homeowners.

�� (2) The landlord shall allow the tenant to place political signs on or in a manufactured dwelling or floating home owned by the tenant or the space rented by the tenant. The size of the signs and the length of time for which the signs may be displayed are subject to the reasonable rules of the landlord. [Formerly

ORS 92.425

92.425, 92.427, 92.430, 92.433, 92.455, 92.460, 92.465, 92.475, 92.485, 92.490 and 92.495.

�� (3) The commissioner may withdraw the exemption provided by this section if the commissioner determines that the subdivider or series partitioner has provided false information or omitted to state material facts to obtain the exemption or has failed to comply with any provision to which the subdivider or series partitioner is subject under subsections (1) and (2) of this section.

�� (4) In the event that any provision under subsection (1) of this section is not or cannot be satisfied and without invoking the power granted under subsection (3) of this section, the commissioner and the subdivider or series partitioner may mutually agree in writing upon a written disclosure of the condition that shall be provided to any prospective purchaser prior to the sale or lease of any interest in the subdivision or series partition to carry out the public policy stated in ORS 92.313.

�� (5) The form required by subsection (1) of this section shall be accompanied by a filing fee of $100 plus $10 for each lot, parcel or interest in the subdivision or series partition, with a maximum fee of $500.

�� (6) For purposes of verification by the subdivider or series partitioner under subsection (1)(b), (c) and (g) of this section, a copy of the conditions imposed by the appropriate governing body will be sufficient. [1975 c.643 �20; 1977 c.809 �1; 1979 c.242 �2; 1983 c.570 �10; 2009 c.595 �60]

�� 92.339 Use of fees. The moneys received under ORS 92.305 to 92.495 and this section shall be paid into the State Treasury and placed to the credit of the General Fund in the Real Estate Account established under ORS 696.490. [Formerly 92.820]

�� 92.340 [1963 c.624 �16; repealed by 1973 c.421 �52]

(Filing Requirements)

�� 92.345 Notice of intention; fee. (1) Prior to negotiating within this state for the sale or lease of subdivided lands located outside this state, or prior to the sale or lease of any subdivided or series partitioned lands located within this state, the subdivider, series partitioner or agent of the subdivider or series partitioner shall by a �Notice of Intention� notify the Real Estate Commissioner in writing of the intention to sell or lease. A notice of intention shall contain true information as follows:

�� (a) The name and the business and residence address of the subdivider or series partitioner;

�� (b) The names and the business addresses of all licensees of the commissioner and of all other persons selling or leasing, within this state, interests in the subdivision or series partition;

�� (c) With respect to subdivided or series partitioned lands located in this state:

�� (A) For subdivided land or a subdivision as those terms are defined by ORS 92.010, a certified copy of the plat filed for record under ORS 92.120 and a copy of any conditions imposed by the city or county governing body;

�� (B) For a partition as that term is defined by ORS 92.010, a certified copy of the plat filed for record under ORS 92.120 and a copy of any conditions imposed by the city or county governing body; and

�� (C) For all other land subject to ORS 92.305 to 92.495, a survey, diagram, drawing or other writing designating and describing, including location and boundaries when applicable, the interests to be sold and a statement from the city or county governing body that the proposal as depicted on the survey, diagram, drawing or other writing has received all necessary local approvals or that no local approval is required;

�� (d) With respect to subdivided lands located outside this state:

�� (A) A copy of the plat, map, survey, diagram, drawing or other writing designating and describing, including location and boundaries when applicable, the interests to be sold, in the final recorded form required by the governing body having jurisdiction over the property; and

�� (B) A written statement from the appropriate governing body that the plat, map, survey, diagram, drawing or other writing is in compliance with all applicable laws, ordinances and regulations;

�� (e) A brief but comprehensive statement describing the land on and the locality in which the subdivision or series partition is located;

�� (f) A statement of the condition of the title to the land;

�� (g) A statement of the provisions, if any, that have been made for legal access, sewage disposal and public utilities in the proposed subdivision or series partition, including water, electricity, gas and telephone facilities;

�� (h) A statement of the use or uses for which the proposed subdivision or series partition will be offered; and

�� (i) A statement of the provisions, if any, limiting the use or occupancy of the interests in the subdivision or series partition.

�� (2) The notice of intention shall be accompanied by a filing fee as follows:

�� (a) For subdivisions or series partitions containing 10 or fewer lots, parcels or interests, $100.

�� (b) For subdivisions or series partitions containing over 10 lots, parcels or interests, $100, and $25 for each additional lot, parcel or interest, but in no case shall the fee be more than $2,500.

�� (3) For lands located outside this state, the notice of intention shall include only the area shown by the plat, survey, diagram, drawing or other writing required under subsection (1)(d) of this section. The subdivision of any contiguous lands located outside this state shall be treated as a separate subdivision for which an additional complete filing must be made, even though the plat, map, survey, diagram, drawing or other writing of the contiguous lands is recorded simultaneously as part of an overall development. [1974 c.1 �4; 1974 c.53 �1; 1975 c.643 �3; 1977 c.809 �8; 1979 c.242 �5; 1983 c.570 �11; 1985 c.369 �6; 1991 c.763 �23; 2007 c.866 �11; 2008 c.12 �5]

�� 92.350 [1963 c.624 �18; repealed by 1973 c.421 �52]

�� 92.355 Commissioner may request further information; content. (1) The Real Estate Commissioner may require the subdivider or series partitioner to furnish such additional information in a �Request for Further Information� as the commissioner determines to be necessary in the administration and enforcement of ORS 92.305 to 92.495 including but not limited to:

�� (a) A statement of the terms and conditions on which it is intended to transfer or dispose of the land or interest therein, together with copies of any contract, conveyance, lease, assignment or other instrument intended to be used;

�� (b) Copies of all sales pamphlets and literature to be used in connection with the proposed subdivision or series partition; and

�� (c) Any other information that the subdivider or series partitioner may desire to present.

�� (2) The subdivider�s or series partitioner�s reply to the first request for further information required by the commissioner under subsection (1) of this section shall be accompanied by proof of the financial ability of the subdivider or series partitioner to complete improvements and facilities which are:

�� (a) Required by the appropriate state, city and county authorities; and

�� (b) Promised to prospective purchasers. [1974 c.1 �5; 1983 c.570 �12]

�� 92.360 [1963 c.624 �21; repealed by 1973 c.421 �52]

�� 92.365 Filing information to be kept current; fee for notice of material change. (1) The information required under ORS 92.345 and 92.355 shall be kept current by the subdivider or series partitioner. Any material change in the information furnished to the Real Estate Commissioner shall be reported by the subdivider or series partitioner within 10 days after the change occurs.

�� (2) A subdivider or series partitioner shall be responsible for the accuracy of and for providing all information required by ORS 92.345, 92.355 and this section for as long as the subdivider or series partitioner retains any unsold lot, parcel or interest in the subdivision or series partition to which the information pertains.

�� (3) A developer who acquires a lot, parcel or interest in a subdivision or series partition shall be responsible for as long as the developer retains any unsold lot, parcel or interest in the subdivision or series partition for all material changes in the information contained in the public report which the developer receives on acquisition of the property:

�� (a) Which the developer causes by action of the developer; and

�� (b) Concerning the zoning, sewage disposal and water supply which substantially affect the intended use of the property as stated in the public report.

�� (4) A developer shall accurately report to the commissioner a material change specified in subsection (3) of this section within 10 days after the change occurs. However, a developer who acquires less than 11 lots, parcels or interests in a subdivision or series partition during a six consecutive month period shall only be responsible for a material change specified in subsection (3)(b) of this section and may revise a public report to reflect such material change without reporting the material change to the commissioner.

�� (5) The commissioner shall require a fee sufficient to recover any administrative expenses after receipt of a material change notice if, because of the changes, a public report must be issued or revised by the commissioner. The fee is subject to prior approval of the Oregon Department of Administrative Services and shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board. [1974 c.1 �7; 1975 c.643 �4; 1983 c.181 �1; 1983 c.570 �13; 1991 c.703 �1; 2023 c.602 �1]

�� 92.370 [1963 c.624 �22; 1965 c.584 �10; repealed by 1973 c.421 �52]

�� 92.375 Consent to service of process on commissioner. (1) Every nonresident subdivider or series partitioner, at the time of filing the notice of intention and information required by ORS 92.345 and 92.355, and every nonresident developer who acquires more than 10 lots or parcels in a subdivision or series partition during a six consecutive month period, at the time the developer acquires the lots, parcels or interests in a subdivision or series partition, shall also file with the Real Estate Commissioner an irrevocable consent that if, in any suit or action commenced against the developer, subdivider or series partitioner in this state arising out of a violation of ORS 92.305 to 92.495, personal service of summons or process upon the developer, subdivider or series partitioner cannot be made in this state after the exercise of due diligence, a valid service may thereupon be made upon the developer, subdivider or series partitioner by service on the commissioner.

�� (2) The consent shall be in writing executed and verified by an officer of a corporation or association, a general partner of a partnership or by an individual subdivider, series partitioner or developer and shall set forth:

�� (a) The name of the subdivider, series partitioner or developer.

�� (b) The address to which documents served upon the commissioner are to be forwarded.

�� (c) If the subdivider, series partitioner or developer is a corporation or unincorporated association, that the consent signed by such officer was authorized by resolution duly adopted by the board of directors.

�� (3) The address for forwarding documents served under this section may be changed by filing a new consent in the form prescribed in subsection (2) of this section.

�� (4) Service on the commissioner of any such process shall be made by delivery to the commissioner or a clerk on duty in any office of the commissioner, duplicate copies of such process, with duplicate copies of any papers required by law to be delivered in connection with such service.

�� (5) When served with any such process, the commissioner shall immediately cause one of the copies thereof, with any accompanying papers, to be forwarded by registered mail or by certified mail with return receipt to the subdivider, series partitioner or developer at the address set forth in the consent.

�� (6) The commissioner shall keep a record of all processes, notices and demands served upon the commissioner under this section, and shall record therein the time of such service and action with reference thereto. [1974 c.1 �6; 1975 c.643 �5; 1983 c.570 �14; 1991 c.249 �9]

�� 92.377 [2015 c.260 �2; repealed by 2025 c.476 �21]

�� 92.380 [1963 c.624 �23; 1965 c.584 �11; repealed by 1973 c.421 �52]

(Examination of Subdivision and Series Partition; Public Report)

�� 92.385 Examination; public report; waiver of examination in other state. (1) The Real Estate Commissioner may make an examination of any subdivision or series partition subject to ORS

ORS 93.030

93.030.)

Dated this _ day of , 2.

�� (2) A deed in the form of subsection (1) of this section shall have the effect of conveying whatever title or interest, legal or equitable, the grantor may have in the described property at the date of the deed but shall not transfer any title or interest which the grantor may thereafter obtain nor shall it operate as an estoppel.

�� (3) A grantee taking title by way of a quitclaim deed shall not, merely because of receipt of title by or through such a deed, be denied the status of a good faith purchaser for value. [1973 c.194 �4; 1999 c.214 �4]

�� 93.870 Statutory deed forms optional. The form of deeds set forth in ORS 93.850 to 93.865 are permissive and not mandatory. Other forms of deeds may be used for the conveyance of real property. [1973 c.194 �5]

FORFEITURE UNDER LAND SALES CONTRACT

�� 93.905 Definitions for ORS 93.905 to 93.940. As used in ORS 93.905 to 93.940, unless the context requires otherwise:

�� (1) �Contract for transfer or conveyance of an interest in real property� shall not include earnest money or preliminary sales agreements, options or rights of first refusal.

�� (2) �Forfeiture remedy� means the nonjudicial remedy whereby the seller cancels the contract for default, declares the purchaser�s rights under the contract to be forfeited, extinguishes the debt and retains sums previously paid thereunder by the buyer.

�� (3) �Purchase price� means the total price for the interest in the real property as stated in the contract, including but not limited to down payment, other property or value given or promised for which a dollar value is stated in the contract and the balance of the purchase price payable in installments, not including interest. If the contract provides for the conveyance of an interest in more than one parcel of property, the purchase price shall include only the portion of the price attributable to the remaining, unconveyed interest in real property, if the value thereof is separately stated or can be determined from the terms of the contract.

�� (4) �Purchaser� means any person who by voluntary transfer acquires a contractual interest in real property, any successor in interest to all or any part of the purchaser�s contract rights of whom the seller has actual or constructive notice, and any person having a subordinate lien or encumbrance of record, including, but not limited to, a mortgagee, a beneficiary under a trust deed and a purchaser under a subordinate contract for transfer or conveyance of an interest in real property.

�� (5) �Seller� means any person who transfers or conveys an interest in real property, or any successor in interest of the seller.

�� (6) �Unpaid balance� means the sum of the unpaid principal balance, accrued unpaid interest and any sums actually paid by the seller on behalf of the purchaser for items required to be paid by the purchaser, including amounts paid for delinquent taxes, assessments or liens, or to obtain or reinstate required insurance. [1985 c.718 �1]

�� 93.910 Enforcement of forfeiture remedy after notice of default. Whenever a contract for transfer or conveyance of an interest in real property provides a forfeiture remedy, whether the remedy is self-executing or is optional, forfeiture of the interest of a purchaser in default under the contract may be enforced only after notice of the default has been given to the purchaser as provided in ORS 93.915, notwithstanding any provision in the contract to the contrary. [1985 c.718 �2]

�� 93.913 Forfeiture allowed for default under certain collateral assignments of interest. In the event of a default under a collateral assignment of the interest of a seller or purchaser in a land sale contract, including a collateral assignment of the proceeds thereof, the assignee may enforce a remedy of forfeiture, as set forth in ORS 93.905 to 93.945, unless the agreement between the parties otherwise prohibits such remedy. [1989 c.516 �3]

�� Note: 93.913 and 93.918 were added to and made a part of ORS chapter 93 by legislative action but were not added to any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 93.915 Notice of default; contents; recordation; time of forfeiture; interim measures. (1) In the event of a default under a contract for conveyance of real property, a seller who wishes to enforce a forfeiture remedy must give written notice of default by service pursuant to ORCP 7 D(2) and 7 D(3), or by both first class and certified mail with return receipt requested, to the last-known address of the following persons or their legal representatives, if any:

�� (a) The purchaser.

�� (b) An occupant of the property.

�� (c) Any person who has caused to be filed for record in the county clerk�s office of a county in which any part or parcel of the real property is situated, a duly acknowledged request for a copy of any notice of default served upon or mailed to the purchaser. The request shall contain the name and address of the person requesting copies of the notice and shall identify the contract by stating the names of the parties to the contract, the date of recordation of the contract and the book and page where the contract is recorded. The county clerk shall immediately make a cross-reference of the request to the contract, either on the margin of the page where the contract is recorded or in some other suitable place. No request, statement or notation placed on the record pursuant to this section shall affect title to the property or be deemed notice to any person that any person so recording the request has any right, title, interest in, lien or charge upon the property referred to in the contract.

�� (2) Notices served by mail are effective when mailed.

�� (3) The notice shall specify the nature of the default, the amount of the default if the default is in the payment terms, the date after which the contract will be forfeited if the purchaser does not cure the default and the name and address of the seller or the attorney for the seller. The period specified in the notice after which the contract will be forfeited may not be less than:

�� (a) Sixty days, when the purchaser has reduced the unpaid balance to an amount greater than 75 percent of the purchase price;

�� (b) Ninety days, when the purchaser has reduced the unpaid balance to an amount which is more than 50 percent but less than 75 percent of the purchase price; or

�� (c) One hundred twenty days, when the purchaser has reduced the unpaid balance to an amount which is 50 percent or less of the purchase price.

�� (4) The seller shall cause to be recorded in the real property records of each county in which any part of the property is located a copy of the notice, together with an affidavit of service or mailing of the notice of default, reciting the date the notice was served or mailed and the name and address of each person to whom it was given. From the date of recording, the notice and affidavit shall constitute constructive notice to third persons of the pending forfeiture. If, not later than one year after the time for cure stated in a recorded notice and affidavit or any recorded extension thereof, no declaration of forfeiture based upon the recorded notice and affidavit has been recorded and no extension of time for cure executed by the seller has been recorded, the notice and affidavit shall not be effective for any purpose nor shall it impart any constructive or other notice to third persons acquiring an interest in the purchaser�s interest in the contract or the property or any portion of either. Any extension of time for cure executed by the seller shall be recorded in the same manner as the original notice and affidavit.

�� (5) The statement contained in the notice as to the time after which the contract will be forfeited if the default is not cured shall conclusively be presumed to be correct, and the notice adequate, unless one or more recipients of such notice notifies the seller or the attorney for the seller, by registered or certified mail, that such recipient claims the right to a longer period of time in which to cure the default.

�� (6) Subject to the procedural requirements of the Oregon Rules of Civil Procedure and the Oregon Receivership Code, as applicable, an action may be instituted to appoint a receiver or to obtain a temporary restraining order during forfeiture under a land sale contract, except that a receiver shall not be appointed with respect to a single-family residence which is occupied at the time the notice of default is given, as the principal residence of the purchaser, the purchaser�s spouse or the purchaser�s minor dependent children. [1985 c.718 �3; 1987 c.717 �1; 1991 c.12 �1; 2017 c.358 �49]

�� 93.918 Continuation of proceedings after certain types of stay ordered by court; procedures. (1) Except when a seller has participated in obtaining a stay, contract forfeiture proceedings that are stayed by order of the court, by proceedings in bankruptcy or for any other lawful reason, shall continue after release from the stay as if uninterrupted, if within 30 days after release the seller gives written amended notice of default by certified mail with return receipt requested, to the last-known address of those persons listed in ORS 93.915 (1). The amended notice of default shall:

�� (a) Be given at least 20 days prior to the amended date of forfeiture;

�� (b) Specify an amended date after which the contract will be forfeited, which may be the same as the original forfeiture date;

�� (c) Conform to the requirements of ORS 93.915 (3), except the time periods set forth therein; and

�� (d) State that the original forfeiture proceedings were stayed and the date the stay terminated.

�� (2) The new date of forfeiture shall not be sooner than the date of forfeiture as set forth in the seller�s notice of default which was subject to the stay.

�� (3) Prior to the date of forfeiture, the seller shall cause to be recorded in the real property records of each county in which any part of the property is located, a copy of the amended notice of default, together with an affidavit of service or mailing of the amended notice of default, reciting the date the amended notice of default was served or mailed and the name and address of each person to whom it was given. From the date of its recording, the amended notice of default shall be subject to the provisions of ORS 93.915 (4) and (5). [1989 c.516 �4]

�� Note: See note under 93.913.

�� 93.920 Curing default to avoid forfeiture; payment of costs and expenses. A purchaser in default may avoid a forfeiture under the contract by curing the default or defaults before expiration of the notice period provided in ORS 93.915. If the default consists of a failure to pay sums when due under the contract, the default may be cured by paying the entire amount due, other than sums that would not then be due had no default occurred, at the time of cure under the terms of the contract. Any other default under the contract may be cured by tendering the performance required under the contract. In addition to paying the sums or tendering the performance necessary to cure the default, the person effecting the cure of the default shall pay all costs and expenses actually incurred in enforcing the contract, including, but not limited to, late charges, attorney fees not to exceed $350 and costs of title search. [1985 c.718 �4; 1987 c.717 �2]

�� 93.925 Failure to cure default; exclusiveness of notice. Notwithstanding a seller�s waiver of prior defaults, if notice is given and purchaser does not cure the default within the period specified in ORS 93.915, the contract forfeiture remedy may be exercised and the contract shall not be reinstated by any subsequent offer or tender of performance. The notice required in ORS 93.915 shall be in lieu of any notice that may be required under the terms of the contract itself, except where greater notice or notice to persons other than those described in ORS 93.915 is required by the terms of the contract, in which case notice shall be given for such longer period of time and to such additional persons as required by the contract. [1985 c.718 �5]

�� 93.930 Recording affidavit after forfeiture; affidavit as evidence. (1) When a contract for conveyance of real property has been forfeited in accordance with its terms after the seller has given notice to the purchaser as provided in ORS 93.915, the seller shall record an affidavit with the property description, a copy of the notice of default and proof of mailing attached, setting forth that the default of the purchaser under the terms of the contract was not cured within the time period provided in ORS 93.915 and that the contract has been forfeited. When the affidavit is recorded in the deed records of the county where the property described therein is located, the recitals contained in the affidavit shall be prima facie evidence in any court of the truth of the matters set forth therein, but the recitals shall be conclusive in favor of a purchaser for value in good faith relying upon them.

�� (2) Except as otherwise provided in ORS 93.905 to 93.945 and except to the extent otherwise provided in the contract or other agreement with the seller, forfeiture of a contract under ORS 93.905 to 93.930 shall have the following effects:

�� (a) The purchaser and all persons claiming through the purchaser who were given the required notices pursuant to ORS 93.915, shall have no further rights in the contract or the property and no person shall have any right, by statute or otherwise, to redeem the property. The failure to give notice to any of these persons shall not affect the validity of the forfeiture as to persons so notified;

�� (b) All sums previously paid under the contract by or on behalf of the purchaser shall belong to and be retained by the seller or other person to whom paid; and

�� (c) All of the rights of the purchaser to all improvements made to the property at the time the declaration of forfeiture is recorded shall be forfeited to the seller and the seller shall be entitled to possession of the property on the 10th day after the declaration of forfeiture is recorded. Any persons remaining in possession after that day under any interest, except one prior to the contract, shall be deemed to be tenants at sufferance. Such persons may be removed from possession by following the procedures set out in ORS 105.100 to 105.168 or other applicable judicial procedures.

�� (3) After the declaration of forfeiture is recorded, the seller shall have no claim against the purchaser and the purchaser shall not be liable to the seller for any portion of the purchase price unpaid or for any other breach of the purchaser�s obligations under the contract. [1985 c.718 �6; 1987 c.717 �3]

�� 93.935 Effect of purchaser�s abandonment or reconveyance on interest, lien or claim. (1) In the event of a default under a contract for conveyance of real property, the recorded interest, lien or claim of a person with respect to the real property, by virtue of an assignment, conveyance, contract, mortgage, trust deed or other lien or claim from or through a purchaser, shall not be affected by the purchaser�s abandonment or reconveyance to the seller unless the person is given notice in the manner specified in ORS 93.915.

�� (2) The notice shall specify the nature of the default, the amount of the default if the default is in the payment terms, the date after which the purchaser�s interest in the real property will be abandoned or reconveyed to the seller and the name and address of the seller or the attorney for the seller. The period specified in the notice after which the purchaser�s interest will be abandoned or reconveyed to the seller may not be less than:

�� (a) Sixty days, when the purchaser has reduced the unpaid balance to an amount greater than 75 percent of the purchase price;

�� (b) Ninety days, when the purchaser has reduced the unpaid balance to an amount which is more than 50 percent but less than 75 percent of the purchase price; or

�� (c) One hundred twenty days, when the purchaser has reduced the unpaid balance to an amount which is 50 percent or less of the purchase price.

�� (3) If the person having an interest, lien or claim with respect to the real property, by virtue of an assignment, conveyance, contract, mortgage, trust deed or other lien or claim from or through a purchaser whose interest arises under a contract for conveyance of real property, cures the default as provided in ORS 93.920 then such person�s interest, lien or claim with respect to the real property shall not be affected by the purchaser�s abandonment or reconveyance to the seller. [1985 c.718 �7; 1987 c.225 �3]

�� 93.940 Effect of seller�s foreclosure or other action on interest, lien or claim. The recorded interest, lien or claim of a person with respect to the real property, by virtue of an assignment, conveyance, contract, mortgage, trust deed or other lien or claim from or through a purchaser whose interest arises under a contract for conveyance of real property, shall be not affected by the seller�s foreclosure or other action on the contract unless such person is made a party to the action brought by the seller to enforce or foreclose the contract. In such action, such person shall be entitled to the same rights and opportunities to cure the purchaser�s default or satisfy the purchaser�s obligations as are granted the purchaser. [1985 c.718 �8; 1987 c.225 �4]

�� 93.945 Application of ORS 93.910 to 93.940. (1) The provisions of ORS 93.910 to 93.930 shall apply only to forfeiture remedies enforced after July 13, 1985. The date that the initial written notice of a default is given to the purchaser shall be the date of enforcement of the forfeiture remedy.

�� (2) The provisions of ORS 93.935 and 93.940 shall apply to all contracts for transfer or conveyance of an interest in real property, whether executed on, before or after July 13, 1985. [1985 c.718 ��9,10]

UNIFORM REAL PROPERTY TRANSFER ON DEATH ACT

�� 93.948 URPTDA 1. Short title. ORS 93.948 to 93.979 may be cited as the Uniform Real Property Transfer on Death Act. [2011 c.212 �1]

�� Note: 93.948 to 93.985 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 93 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 93.949 URPTDA 2. Definitions. As used in ORS 93.948 to 93.979:

�� (1) �Beneficiary� means a person that receives property under a transfer on death deed.

�� (2) �Designated beneficiary� means a person designated to receive property in a transfer on death deed.

�� (3) �Joint owner� means a joint tenant, a tenant by the entirety and any other co-owner of property that is held in a manner that entitles one or more of the owners to ownership of the whole of the property upon the death of one or more of the other owners.

�� (4) �Person� means an individual, corporation, business trust, personal representative, trustee, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity.

�� (5) �Property� means an interest in real property located in this state.

�� (6) �Transfer on death deed� means a deed that conveys property to a designated beneficiary at the transferor�s death.

�� (7) �Transferor� means an individual who makes a transfer on death deed. [2011 c.212 �2]

�� Note: See note under 93.948.

�� 93.950 URPTDA 3. Applicability. ORS 93.948 to 93.979 apply to a transfer on death deed made before, on or after January 1, 2012, by a transferor dying on or after January 1, 2012. [2011 c.212 �3]

�� Note: See note under 93.948.

�� 93.951 URPTDA 4. Nonexclusivity. ORS 93.948 to 93.979 do not affect any method of transferring property otherwise permitted by the law of this state. [2011 c.212 �4]

�� Note: See note under 93.948.

�� 93.953 URPTDA 5. Authority for transfer on death deed. (1) An individual may transfer property to one or more designated beneficiaries effective at the transferor�s death by a transfer on death deed.

�� (2) The individual may designate one or more:

�� (a) Primary beneficiaries; and

�� (b) Alternate beneficiaries who take the property only if none of the primary beneficiaries is qualified or survives the transferor. [2011 c.212 �5]

�� Note: See note under 93.948.

�� 93.955 URPTDA 6. Revocability of transfer on death deed. A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision. [2011 c.212 �6]

�� Note: See note under 93.948.

�� 93.957 URPTDA 7. Nontestamentary nature of transfer on death deed. A transfer on death deed is nontestamentary. [2011 c.212 �7]

�� Note: See note under 93.948.

�� 93.959 URPTDA 8. Capacity of transferor; fraud, duress or undue influence. (1) The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.

�� (2) A transfer on death deed or an instrument revoking a transfer on death deed that is procured by fraud, duress or undue influence is void.

�� (3) A proceeding must be commenced not later than 18 months after the transferor�s death to:

�� (a) Contest the capacity of the transferor; or

�� (b) Determine whether a transfer on death deed or an instrument revoking a transfer on death deed is void because it was procured by fraud, duress or undue influence. [2011 c.212 �8]

�� Note: See note under 93.948.

�� 93.961 URPTDA 9. Requirements. (1) A transfer on death deed:

�� (a) Except as provided otherwise in paragraph (b) of this subsection, must contain the essential elements and formalities of a properly recordable inter vivos deed;

�� (b) Must state that the transfer to the designated beneficiary is to occur at the transferor�s death;

�� (c) Must identify the designated beneficiary by name; and

�� (d) Must be recorded before the transferor�s death in the deed records in the office of the county clerk for the county in which the property is located.

�� (2) A beneficiary designation that identifies beneficiaries only as members of a class is void. [2011 c.212 �9]

�� Note: See note under 93.948.

�� 93.963 URPTDA 10. Notice; delivery; acceptance; consideration. A transfer on death deed is effective without:

�� (1) Notice or delivery to, or acceptance by, the designated beneficiary during the transferor�s life; or

�� (2) Consideration. [2011 c.212 �10]

�� Note: See note under 93.948.

�� 93.965 URPTDA 11. Revocation by instrument; revocation by act. (1) An instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument:

�� (a) Is acknowledged by the transferor after the transferor acknowledges the deed to be revoked;

�� (b) Is recorded before the transferor�s death in the deed records of the county in which the property is located; and

�� (c) Is one of the following:

�� (A) A transfer on death deed that revokes the deed, or part of the deed, expressly or by inconsistency;

�� (B) An instrument of revocation that expressly revokes the deed, or part of the deed; or

�� (C) An inter vivos deed that transfers an interest in property that is the subject of a transfer on death deed to the extent of the interest in property transferred by the inter vivos deed.

�� (2) If authority is expressly granted by the transfer on death deed, a designated agent of the transferor may revoke the transfer on death deed as provided in this section.

�� (3) If a transfer on death deed is made by more than one transferor, revocation by one transferor does not affect the transfer of another transferor�s interest in property by the transfer on death deed.

�� (4) After a transfer on death deed is recorded, the deed may not be revoked by a revocatory act on the deed.

�� (5) This section does not limit the effect of an inter vivos transfer of the property. [2011 c.212 �11]

�� Note: See note under 93.948.

�� 93.967 URPTDA 12. Effect of transfer on death deed during transferor�s life. During a transferor�s life, a transfer on death deed does not:

�� (1) Affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property;

�� (2) Affect an interest or right of a designated beneficiary, even if the designated beneficiary has actual or constructive notice of the deed;

�� (3) Affect an interest or right of a secured, unsecured or future creditor of the transferor even if the creditor has actual or constructive notice of the deed;

�� (4) Affect the eligibility of the transferor or a designated beneficiary for any form of public assistance or medical assistance, as defined in ORS 414.025;

�� (5) Create a legal or equitable interest in favor of the designated beneficiary; or

�� (6) Subject the property to claims or process of a secured, unsecured or future creditor of the designated beneficiary. [2011 c.212 �12; 2013 c.688 �9]

�� Note: See note under 93.948.

�� 93.969 URPTDA 13. Effect of transfer on death deed at transferor�s death. (1) Except as provided otherwise in the transfer on death deed and subject to ORS 107.115, 112.455 to 112.555 or

ORS 93.270

93.270; and

�� (d) A clear reference to the provision claimed to be in violation of ORS 93.270.

�� (2) Notice and a copy of the petition shall be served on all owners of record in any manner provided for in ORCP 7. The notice shall inform the owners of record that:

�� (a) The petition seeks the removal of a provision that is in violation of ORS 93.270 from the title to the property;

�� (b) The person served may request a hearing within 10 days after service of the petition; and

�� (c) The court is authorized to enter a default judgment removing the provision if no hearing is requested by the owners of record.

�� (3) The petitioner shall file with the court proof of service in the manner provided in ORCP 7 F. If no request for hearing is made by any person served within 10 days after service on that person, the court shall enter a judgment removing the provision from the title to the property if the court determines that the provision is in violation of ORS 93.270.

�� (4) If a hearing is requested by any person served under subsection (2) of this section, the clerk of the court shall schedule a hearing within 20 days after the filing of the request for a hearing. The clerk of the court shall mail notification of the hearing date to the petitioner and to all owners of record listed in the petition.

�� (5) At any hearing under the provisions of this section, the sole issue that shall be decided by the court is whether the provision that is the subject of the petition is in violation of ORS 93.270. The matter shall be tried to the court sitting without jury. If the court finds that the provision is not in violation of ORS 93.270, the court shall dismiss the petition. If the court finds that the provision is in violation of ORS 93.270, the court shall enter a judgment removing the provision from the title to the property.

�� (6) If a court finds only part of a provision to be in violation of ORS 93.270 under this section, the court shall enter a judgment removing only that part of the provision that is in violation.

�� (7) For the purposes of this section, �owner of record� means a person having any legal or equitable interest in property, including, but not limited to, a purchaser, lienholder or holder of any security interest in such property whose interest is recorded in the public records provided for by Oregon statutes where the owner�s interest must be recorded to perfect a lien or security interest or provide constructive notice of the owner�s interest. [1991 c.850 �2; 2018 c.35 �3]

�� 93.273 [1989 c.523 �2; renumbered 93.275 (3) in 1993]

�� 93.274 Petition to strike discriminatory provisions from recorded instrument; recording order and redactions. (1)(a) If a recorded instrument conveying or contracting to convey fee title to real property, or a declaration recorded under ORS 94.580, contains a provision that is void by reason of ORS 93.270 (1)(a), the owner of the property or the owner of any portion of the property subject to the provision may cause the provision to be stricken from the public records described in ORS 205.130 by filing a petition in the circuit court for the county in which the property is located.

�� (b) The petition must be filed as an in rem declaratory action whose title contains the property address, except that if the real property consists of multiple lots or parcels subject to a declaration, the title of the petition may be the name of the subdivision and the recording number of the declaration.

�� (c) The court may not require that any person other than the petitioner be joined as a party to a petition filed under this section.

�� (2) A petition filed under this section must contain:

�� (a) The name and mailing address of the person filing the petition;

�� (b) The legal description of the property subject to the provision that is void by reason of ORS 93.270 (1)(a);

�� (c) The name, recording number and date of recordation for each instrument or declaration that contains a provision that is void by reason of ORS 93.270 (1)(a);

�� (d) A clear reference to the provision claimed to be void by reason of ORS 93.270 (1)(a), setting forth verbatim the void provisions to be struck from each such document; and

�� (e) A complete certified copy of the recorded instrument or recorded declaration which contains the provision that is void by reason of ORS 93.270 (1)(a).

�� (3)(a) The sole issue to be decided by the court is whether the provision is void by reason of ORS 93.270 (1)(a).

�� (b) If the court finds that the provision is not void by reason of ORS 93.270 (1)(a), the court shall dismiss the petition.

�� (c) If the court finds that any provisions of the recorded instrument or declaration are void by reason of ORS 93.270 (1)(a), the court shall enter an order:

�� (A) Finding that the referenced original written instrument or declaration contains discriminatory provisions that are void and unenforceable under ORS 93.270 (1)(a);

�� (B) Identifying each document by recording number and date of recordation; and

�� (C) Striking the void provisions from the public records and eliminating the void provisions from the title to the property described in the petition.

�� (d) The order must include a certified copy of each document upon which the court has physically redacted the void provisions.

�� (e) The order must provide that the effective date of the document redacted by the court is the same as the effective date of the original document.

�� (4) A county clerk who receives a certified copy of an order and redacted document described in this section with the fees required under ORS 205.320 shall:

�� (a) Record the order and the certified copy of the document upon which the court has physically redacted the void provisions;

�� (b) Update the index of each original document referenced in the order with the recording number of the modified document; and

�� (c) Maintain the original document or an image thereof separately from electronic public access and preserve the original document or image for historical or archival purposes. [2018 c.35 �1; 2023 c.342 �1]

�� Note: 93.274 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 93 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 93.275 Incidents not material facts to real property transaction; legislative findings. (1) The following are among incidents that are not material facts to a real property transaction:

�� (a) The fact or suspicion that the real property or a neighboring property was the site of a death by violent crime, by suicide or by any other manner;

�� (b) The fact or suspicion that the real property or a neighboring property was the site of a crime, political activity, religious activity or any other act or occurrence that does not adversely affect the physical condition of or title to real property;

�� (c) The fact or suspicion that an owner or occupant of the real property has or had a blood-borne infection;

�� (d) The fact or suspicion that a sex offender registered under ORS 163A.010, 163A.015, 163A.020 or 163A.025 resides in the area; and

�� (e) The fact that a notice has been received that a neighboring property has been determined to be not fit for use under ORS 453.876.

�� (2) The Legislative Assembly finds that there is no known risk of the transmission of human immunodeficiency virus or acquired immune deficiency syndrome by casual contact. [1989 c.523 �3; subsection (3) formerly 93.273; 2001 c.701 �1; 2003 c.559 �2; 2011 c.271 �21; 2019 c.280 �1]

�� 93.277 Restrictions on development of certain housing prohibited. (1) A provision in a recorded instrument affecting real property is not enforceable if the provision would allow the development of a single-unit dwelling on the real property but would prohibit the development of, or the partitioning or subdividing of lands under ORS 92.031 for:

�� (a) Middle housing, as defined in ORS 197A.420;

�� (b) An accessory dwelling unit allowed under ORS 197A.425 (1);

�� (c) A manufactured dwelling, as defined in ORS 446.003; or

�� (d) A prefabricated structure, as defined in ORS 197A.015.

�� (2) This section applies only if the instrument:

�� (a) Contains a provision described under subsection (1)(a) or (b) of this section and was executed on or after January 1, 2021.

�� (b) Contains a provision described under subsection (1)(c) or (d) of this section and was executed on or after January 1, 2026. [2019 c.639 �13; 2021 c.103 �3; 2025 c.38 �9; 2025 c.274 �1]

�� Note: The amendments to 93.277 by section 7a, chapter 476, Oregon Laws 2025, become operative January 1, 2027. See section 12, chapter 476, Oregon Laws 2025. The text that is operative on and after January 1, 2027, is set forth for the user�s convenience.

�� 93.277. (1) A provision in a recorded instrument affecting real property is void and unenforceable, as being against the policy of this state of promoting housing availability and affordability and affirmatively furthering fair housing as defined in ORS 197A.100, if, within an urban growth boundary as defined in ORS 197.015, the provision would allow the development of a single-unit dwelling on the real property but would prohibit the development of, or the partitioning or subdividing of lands under ORS 92.031 for:

�� (a) Middle housing, as defined in ORS 197A.420; or

�� (b) An accessory dwelling unit allowed under ORS 197A.425.

�� (2) A provision in a recorded instrument affecting real property is not enforceable if the provision would allow the development of a single-unit dwelling on the real property but would prohibit the development of:

�� (a) A manufactured dwelling, as defined in ORS 446.003; or

�� (b) A prefabricated structure, as defined in ORS 197A.015.

�� (3) Subsection (2) of this section applies only to an instrument executed on or after January 1, 2026.

�� Note: Section 8, chapter 476, Oregon Laws 2025, provides:

�� Sec. 8. ORS 93.277 applies to instruments executed before, on or after January 1, 2021. [2025 c.476 �8]

�� Note: 93.277 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 93 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 93.280 Manner of conveyance to create joint property rights. (1) Any person or persons owning real property which the person or persons have power to convey may convey such property by a conveyance naming the person or persons and another person or persons, or one or more of themselves and another person or other persons, as grantees. The conveyance shall have the same effect as a conveyance from a stranger who owned the property to the persons named as grantees.

�� (2) Any two or more persons owning real property which they have power to convey may convey such property by a conveyance naming one, or more than one, of all such persons, as grantees. The conveyance shall have the same effect as a conveyance from a stranger who owned the property to the persons named as grantees.

�� (3) Any �person� mentioned in this section may be a married person, and any �persons� so mentioned may be married to each other. [1973 c.209 ��1,2,3]

�� 93.285 Procedure for enforcement of contractual requirement for delivery of deed of conveyance. (1) As used in this section and ORS 93.286, �contract for transfer or conveyance of an interest in real property,� �purchaser� and �seller� have the meanings given those terms in ORS 93.905.

�� (2) If a seller has received full payment and performance of a contract for transfer or conveyance of an interest in real property, but fails or refuses to provide the purchaser with a proper deed of conveyance, the contract is deemed complete and the title held by the seller is conveyed to the purchaser, provided the purchaser:

�� (a) Has not instituted a suit or action to enforce the contract;

�� (b) Has fulfilled all requirements of the purchaser under the contract; and

�� (c) Has given the seller written notice of the purchaser�s wish to enforce a contractual requirement for delivery of a deed of conveyance, as required by this section.

�� (3) A purchaser who wishes to enforce a contractual requirement for delivery of a deed of conveyance from the seller shall:

�� (a) Record a notice of intent to enforce the contractual requirement for delivery of a deed of conveyance in each county where the property is located; and

�� (b) After recording the notice required by paragraph (a) of this subsection, give written notice by service pursuant to ORCP 7 D(2) and 7 D(3), or by both first class and certified mail with return receipt requested, to the last-known address of the following persons or their legal representatives:

�� (A) The seller.

�� (B) An occupant of the property.

�� (C) Any person holding title or other interest through the seller that was recorded prior to the recording of the notice required by paragraph (a) of this subsection.

�� (4) The notice required by subsection (3)(b) of this section must specify:

�� (a) The name of the seller, as shown of record;

�� (b) A reference to the instrument creating the original contract of sale, and any assignments of the contract, including where it is recorded;

�� (c) The date of final payment or other final performance of the contract, whichever is applicable;

�� (d) That the purchaser wishes to enforce a contractual requirement for delivery of a deed of conveyance from the seller;

�� (e) The date by which the seller or the seller�s successors in interest or assignees must submit an objection to the purchaser, which must be within 60 days after the final date of publication of the notice required by subsection (7)(a) of this section or within 120 days after the date of recording of the notice required by subsection (3)(b) of this section, whichever is later, or the seller�s interest in the property may be conveyed to the purchaser;

�� (f) A description of the property; and

�� (g) The name and address of the person to whom the seller must object to the demand contained in the notice.

�� (5)(a) A seller may submit an objection to the enforcement of a contractual requirement for delivery of a deed of conveyance to a purchaser that gives notice to the seller under subsection (3)(b) or (7)(a) of this section, provided the seller serves or mails the objection to the purchaser within the deadline described in subsection (4)(e) of this section.

�� (b) A purchaser that receives an objection from a seller under this subsection may initiate a suit or action to challenge the objection and to enforce the contract.

�� (c) Upon initiation of a suit or action under this subsection, no title or interest to the property may be transferred until the earlier of the date the seller delivers a fulfillment deed of conveyance or the date of entry of final judgment in the suit or action.

�� (d) The prevailing party in a suit or action initiated under this subsection is entitled to recover actual damages or $5,000, whichever is greater, together with costs and reasonable attorney fees incurred at trial and on appeal.

�� (6) The purchaser shall cause to be recorded in the real property records of each county in which the property is located an affidavit of service or mailing of the notice, including:

�� (a) The date the notice was served or mailed;

�� (b) The name and address of each person to whom the notice was given; and

�� (c) If the seller does not acknowledge the notice, a detailed description of the efforts made, along with the date each effort is made, to determine with due diligence the address of the seller or the seller�s assignees or successors in interest.

�� (7) If, after notice is given and recorded as required under subsections (3) to (6) of this section, a seller does not provide the purchaser with the deed of conveyance within 30 days of service or mailing, the purchaser may acquire the seller�s interest in the property by:

�� (a) Publishing a notice that meets the requirements described in subsection (8) of this section, at least one time per week for three consecutive weeks in a newspaper of general circulation in each county in which the property is located, that the purchaser wishes to enforce a contractual requirement for delivery of a deed of conveyance from the seller; and

�� (b) Recording an affidavit of compliance with the requirements of paragraph (a) of this subsection within 15 days of the date of the last publication.

�� (8) The notice described in subsection (7)(a) of this section must include:

�� (a) The name of the seller, as shown of record;

�� (b) A reference to the instrument creating the original contract of sale, and any assignments of the contract, including where it is recorded;

�� (c) A description of the property;

�� (d) The name and address of the person giving the notice;

�� (e) The date of first publication of the notice;

�� (f) A statement that the seller or the seller�s successors in interest or assignees must submit an objection to the purchaser within the deadline described in subsection (4)(e) of this section; and

�� (g) The name and address of the person to whom the seller must submit an objection under subsection (5) of this section.

�� (9)(a) If a seller fails or refuses to provide a proper deed of conveyance after the purchaser completes the notice and recording procedures set forth in this section, the notice provided to the seller under this section satisfies any notice required by the terms of the contract of sale.

�� (b) Notwithstanding paragraph (a) of this subsection, the purchaser must give written notice as required by the provisions of the contract if the contract requires that notice be provided to additional persons or sets forth a longer notice period than the period required by this section.

�� (10) A seller that submits an objection to the purchaser under subsection (5) of this section must record the objection in each county in which the property is located within 30 days, along with an affidavit of the seller�s objection that includes the name and contact information of the objecting seller and a copy of the notice required by subsection (3)(b) or (7)(a) of this section.

�� (11)(a) If a seller does not submit an objection to the purchaser under subsection (5) of this section, and the contract for conveyance of real property has been fulfilled under the notice and recording procedures set forth in this section, the purchaser shall record a declaration of fulfillment in the deed records of each county in which the property is located, including:

�� (A) An affidavit setting forth that the seller did not provide a proper deed of conveyance before the deadline described in subsection (4)(e) of this section, that the contract has been fulfilled and that the title of the seller is hereby transferred to the purchaser;

�� (B) A description of the property; and

�� (C) Proof of mailing of a copy of the declaration to the seller.

�� (b) When the declaration is recorded, the recitals contained in the affidavit shall be:

�� (A) Prima facie evidence in any court of the truth of the matters set forth in the declaration; and

�� (B) Conclusive in favor of a purchaser for value in good faith relying upon them.

�� (12) Notices served by mail are effective when mailed. [2017 c.164 �2]

�� 93.286 Effects of fulfillment of contract for sale by enforcement of requirement for delivery of deed of conveyance. (1) Except as otherwise provided in this chapter and except to the extent otherwise provided in the contract or other agreement with the seller, fulfillment of a contract for sale under ORS 93.285 shall have the following effects:

�� (a) Except as provided in paragraph (c) of this subsection, the seller and all persons claiming through the seller that were given the required notices pursuant to ORS 93.285 have no further rights in the contract or the property and no person has any right, by statute or otherwise, to redeem the property.

�� (b) All rights, title and interest in the property held by the seller and any improvements made to the property at the time the declaration of fulfillment is recorded are transferred to the purchaser as though the seller had delivered a fulfillment of deed to the purchaser.

�� (c) Any claim of title or interest through the seller that was recorded prior to the recording of the contract for transfer or conveyance of an interest in real property or a memorandum of the contract shall maintain its priority and is not extinguished by the declaration of fulfillment.

�� (2) The failure to give notice to any person described in subsection (1) of this section does not affect the validity of the effects of fulfillment of a contract for sale as to persons so notified. [2017 c.164 �3]

UNIFORM VENDOR AND PURCHASER RISK ACT

�� 93.290 Risk of loss after contract to sell realty has been executed. Any contract made on or after August 3, 1955, in this state for the purchase and sale of realty shall be interpreted as including an agreement that the parties shall have the following rights and duties, unless the contract expressly provides otherwise:

�� (1) If, when neither the legal title nor the possession of the subject matter of the contract has been transferred, all or a material part thereof is destroyed without fault of the purchaser or is taken by eminent domain, the vendor cannot enforce the contract, and the purchaser is entitled to recover any portion of the price that the purchaser has paid;

�� (2) If, when either the legal title or the possession of the subject matter of the contract has been transferred, all or any part thereof is destroyed without fault of the vendor or is taken by eminent domain, the purchaser is not thereby relieved from a duty to pay the price, nor is the purchaser entitled to recover any portion thereof that the purchaser has paid. [1955 c.144 �1]

�� 93.295 Construction of ORS 93.290 to 93.300. ORS 93.290 to 93.300 shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact the Uniform Vendor and Purchaser Risk Act. [1955 c.144 �2]

�� 93.300 Short title. ORS 93.290 to 93.300 may be cited as the Uniform Vendor and Purchaser Risk Act. [1955 c.144 �3]

DESCRIPTIONS, INCLUDING THE OREGON COORDINATE SYSTEM

�� 93.310 Rules for construing description of real property. The following are the rules for construing the descriptive part of a conveyance of real property, when the construction is doubtful, and there are no other sufficient circumstances to determine it:

�� (1) Where there are certain definite and ascertained particulars in the description, the addition of others, which are indefinite, unknown or false, does not frustrate the conveyance, but it is to be construed by such particulars, if they constitute a sufficient description to ascertain its application.

�� (2) When permanent and visible or ascertained boundaries or monuments are inconsistent with the measurement, either of lines, angles or surfaces, the boundaries or monuments are paramount.

�� (3) Between different measurements which are inconsistent with each other, that of angles is paramount to that of surfaces, and that of lines paramount to both.

�� (4) When a road or stream of water not navigable is the boundary, the rights of the grantor to the middle of the road, or the thread of the stream, are included in the conveyance, except where the road or bed of the stream is held under another title.

�� (5) When tidewater is the boundary, the rights of the grantor to low watermark are included in the conveyance, and also the right of this state between high and low watermark.

�� (6) When the description refers to a map, and that reference is inconsistent with other particulars, it controls them, if it appears that the parties acted with reference to the map; otherwise the map is subordinate to other definite and ascertained particulars.

�� 93.312 Oregon Coordinate System. (1) As used in this section, �Oregon Coordinate System� means a coordinate mapping system, composed of three coordinate projection mapping systems known as:

�� (a) The Oregon State Plane Coordinate System of 1927;

�� (b) The Oregon State Plane Coordinate System of 1983; and

�� (c) The Oregon Coordinate Reference System.

�� (2) A description of land that contains coordinates associated with the position of a point on a land boundary must:

�� (a) Use the Oregon Coordinate System;

�� (b) Use one specified zone and system for the entire description;

�� (c) Include coordinate system datum with epoch and zone designation;

�� (d) Use coordinates established by a survey connection to the National Spatial Reference System;

�� (e) Reference a survey of record that reports the accuracy of coordinates at a 95 percent confidence level; and

�� (f) Include distances, bearings, areas and other boundary elements.

�� (3) The Department of Transportation shall adopt rules implementing the Oregon Coordinate System. [2011 c.179 �1]

�� Note: 93.312 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 93 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 93.320 [Amended by 1985 c.202 �1; repealed by 2011 c.179 �6]

�� 93.330 [Amended by 1985 c.202 �2; repealed by 2011 c.179 �6]

�� 93.340 [Repealed by 1985 c.202 �7]

�� 93.350 [Amended by 1985 c.202 �3; repealed by 2011 c.179 �6]

�� 93.360 [Amended by 1979 c.129 �1; 1985 c.202 �4; repealed by 2011 c.179 �6]

�� 93.370 [Amended by 1985 c.202 �5; repealed by 2011 c.179 �6]

�� 93.380 [Amended by 1985 c.202 �6; repealed by 2011 c.179 �6]

EXECUTION, ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS

�� 93.410 Execution and acknowledgment of deeds. Except as otherwise provided by law, deeds executed within this state, of lands or any interest in lands therein, shall be signed by the grantors and shall be acknowledged before any judge of the Supreme Court, circuit judge, county judge, justice of the peace or notary public within the state. No seal of the grantor, corporate or otherwise, shall be required on the deed. [Amended by 1965 c.502 �5; 1977 c.404 �1; 1999 c.654 �8]

�� 93.415 [Repealed by 1977 c.404 �2 (194.500 to 194.580 enacted in lieu of 93.415)]

�� 93.420 Execution of deed where personal representative, guardian or conservator is unable or refuses to act. If any person is entitled to a deed from a personal representative, guardian or conservator who has died or resigned, has been discharged, disqualified or removed or refuses to execute it, the deed may be executed by the judge before whom the proceeding is pending or by the successor of the judge. [Amended by 1961 c.344 �104; 1969 c.591 �277]

�� 93.430 [Repealed by 1977 c.404 �2 (194.500 to 194.580 enacted in lieu of 93.430)]

�� 93.440 Proof of execution by subscribing witness. Proof of the execution of any conveyance may be made before any officer authorized to take acknowledgments of deeds, and shall be made by a subscribing witness thereto, who shall state the place of residence of the witness, and that the witness knew the person described in and who executed the conveyance. Such proof shall not be taken unless the officer is personally acquainted with the subscribing witness, or has satisfactory evidence that the witness is the same person who was a subscribing witness to the instrument.

�� 93.450 Proof where witnesses are dead or absent. When any grantor is dead, out of this state, or refuses to acknowledge the deed, and all the subscribing witnesses to the deed are also dead or reside out of this state, it may be proved before the circuit court, or any judge thereof, by proving the handwriting of the grantor and of any subscribing witness thereto.

�� 93.460 Subpoena to compel witness to testify to execution of deed. Upon the application of any grantee, or any person claiming under the grantee, verified by the oath of the applicant setting forth that the grantor is dead, out of the state, or refuses to acknowledge the deed, and that any witness to the conveyance residing in the county where the application is made refuses to appear and testify touching its execution and that the conveyance cannot be proven without the evidence of the witness, any officer authorized to take the acknowledgment or proof of conveyances may issue a subpoena requiring the witness to appear and testify before the officer touching the execution of the conveyance. [Amended by 1981 c.11 �2]

�� 93.470 Indorsement of certificate of proof. Every officer who takes the proof of any conveyance shall indorse a certificate thereof, signed by the officer, on the conveyance. In the certificate the officer shall set forth those matters required by ORS 93.440 to 93.460 to be done, known or proved, together with the names of the witnesses examined before the officer, and their places of residence, and the substance of the evidence given by them.

�� 93.480 Deed acknowledged or proved as evidence; recordability. Every conveyance acknowledged, proved or certified in the manner prescribed by law by any of the authorized officers may be read in evidence without further proof thereof and is entitled to be recorded in the county where the land is situated.

�� 93.490 [Repealed by 1977 c.404 �2 (194.500 to 194.580 enacted in lieu of 93.490)]

�� 93.500 [Repealed by 1977 c.404 �2 (194.500 to 194.580 enacted in lieu of 93.500)]

�� 93.510 [Repealed by 1977 c.404 �2 (194.500 to 194.580 enacted in lieu of 93.510)]

�� 93.520 [Repealed by 1977 c.404 �2 (194.500 to 194.580 enacted in lieu of 93.520)]

�� 93.530 Execution, acknowledgment and recordation of assignments of sheriffs� certificates of sale. All assignments of sheriffs� certificates of sale of real property on execution or mortgage foreclosure shall be executed and acknowledged and recorded in the same manner as deeds of real property.

RECORDATION AND ITS EFFECTS

�� 93.600 Description of real property for purposes of recordation. Unless otherwise prescribed by law, real property shall be described for recordation by giving the subdivision according to the United States survey when coincident with the boundaries thereof, or by lots, blocks and addition names, or by partition plat recording and parcel numbers, or by giving the boundaries thereof by metes and bounds, or by reference to the book and page, document number or fee number of any public record of the county where the description may be found or in such other manner as to cause the description to be capable of being made certain. However, description by tax lot number shall not be adequate. Initial letters, abbreviations, figures, fractions and exponents, to designate the township, range, section or part of a section, or the number of any lot or block or part thereof, or any distance, course, bearing or direction, may be employed in any such description of real property. [1987 c.586 �2; 1989 c.772 �26; 1995 c.382 �10]

�� 93.610 Separate books for recording deeds and mortgages; consolidated index. (1) Separate books shall be provided by the county clerk in each county for the recording of deeds and mortgages. In one book all deeds left with the clerk shall be recorded at full length, or as provided in ORS 93.779 to 93.802, with the certificates of acknowledgment or proof of their execution, and in the other all mortgages left with the county clerk shall in like manner be recorded. All other real property interests required or permitted by law to be recorded shall be recorded in the records maintained under ORS 205.130 or in records established under any other law.

�� (2) Counties maintaining a consolidated index shall record deeds and mortgages and index them in the consolidated index in such a manner as to identify the entries as a deed or mortgage record. All other real property interests required or permitted by law to be recorded shall be recorded in the records kept and maintained under ORS 205.130 or in records established under any other law. [Amended by 1969 c.583 �1; 1987 c.586 �21; 1999 c.654 �9]

�� 93.620 Time and place of recording; certification. The county clerk shall certify upon every instrument recorded by the county clerk the time when it was recorded and a reference to where it is recorded. Every instrument is considered recorded at the time it was so certified. [Amended by 1999 c.654 �10]

�� 93.630 Index to record of deeds, mortgages and other real property interests. The county clerk shall also keep a proper direct index and a proper indirect index to the record of deeds, mortgages and all other real property interests required or permitted by law to be recorded, in which the county clerk shall enter, alphabetically, the name of every party to each instrument recorded by the county clerk, with a reference to where it is recorded. [Amended by 1987 c.586 �22; 1999 c.654 �11]

�� 93.635 Acknowledgment and recording of instruments contracting to convey fee title. (1) All instruments contracting to convey fee title to any real property, at a time more than 12 months from the date that the instrument is executed and the parties are bound, shall be acknowledged, in the manner provided for acknowledgment of deeds, by the conveyor of the title to be conveyed. Except for those instruments listed in subsection (2) of this section, all such instruments, or a memorandum thereof, shall be recorded by the conveyor not later than 15 days after the instrument is executed and the parties are bound thereby.

�� (2) The following instruments contracting to convey fee title to any real property may be recorded as provided in subsection (1) of this section, but that subsection does not require such recordation of:

�� (a) Earnest money or preliminary sales agreements;

�� (b) Options; or

�� (c) Rights of first refusal. [1975 c.618 �4; 1977 c.724 �1; 1987 c.586 �23]

�� 93.640 Unrecorded instrument affecting title or unrecorded assignment of sheriff�s certificate of sale void as to subsequent purchaser. (1) Every conveyance, deed, land sale contract, assignment of all or any portion of a seller�s or purchaser�s interest in a land sale contract or other agreement or memorandum thereof affecting the title of real property within this state which is not recorded as provided by law is void as against any subsequent purchaser in good faith and for a valuable consideration of the same real property, or any portion thereof, whose conveyance, deed, land sale contract, assignment of all or any portion of a seller�s or purchaser�s interest in a land sale contract or other agreement or memorandum thereof is first filed for record, and as against the heirs and assigns of such subsequent purchaser. As used in this section, �every conveyance, deed, land sale contract, assignment of all or any portion of a seller�s or purchaser�s interest in a land sale contract or other agreement or memorandum thereof affecting the title of real property� includes mortgages, trust deeds, and assignments for security purposes or assignments solely of proceeds, given by purchasers or sellers under land sale contract. As used in this section, �memorandum� means an instrument that contains the date of the instrument being memorialized, the names of the parties, a legal description of the real property involved, and the nature of the interest created, which is signed by the person from whom the interest is intended to pass, and acknowledged or proved in the manner provided for the acknowledgment or proof of deeds. A memorandum of an instrument conveying or contracting to convey fee title to any real estate shall state on its face the true and actual consideration paid for such transfer as provided in ORS 93.030.

�� (2) Every assignment of sheriffs� certificates of sale of real property on execution or mortgage foreclosure which is not recorded in the records of deeds in the county where the land is situated within five days after its execution is void as against any subsequent purchaser in good faith and for a valuable consideration of such certificate of sale, or the real property covered thereby, or any portion thereof, whose assignment is first recorded. [Amended by 1973 c.696 �19; 1977 c.605 �2; 1987 c.225 �1; 1989 c.516 �1]

�� 93.643 Method of giving constructive notice of interest in real property; electronic lien records. (1) To give constructive notice of an interest in real property, a person must have documentation of the interest recorded in the indices maintained under ORS

ORS 93.802

93.802, an instrument entitled �Short Form Mortgage,� �Short Form Trust Deed� or �Short Form Instrument Creating Affordable Housing Covenants� may be recorded.

�� (2) The short form instrument must contain the title of the short form instrument, the names of all parties involved in the encumbrance of the real property described in the short form instrument, the legal description of the property that is encumbered by the short form instrument, the amount of the encumbrance, the date on which the short form instrument was executed and any other information required by law for recording the short form instrument.

�� (3) Any provision of the master form instrument recorded under ORS 93.779 to 93.802 may be incorporated in the short form instrument by reference to:

�� (a) The date when and the book and page or fee number where the master form instrument was recorded; and

�� (b) Any specific provision of the master form instrument that applies to the short form instrument.

�� (4) A short form instrument recorded under this section must describe provisions in the short form instrument that deviate in any respect from the provisions of the recorded master form instrument.

�� (5) The person presenting a short form instrument for recording shall cause a complete copy of the master form instrument to which reference is made in the short form instrument to be provided or disclosed to each party involved in the encumbrance of the real property described in the short form instrument. [1991 c.230 �20; 2012 c.6 �6]

�� 93.804 Requirement for original signatures for recording; recordation of certified copies; recordation of electronic image of instrument. (1) As used in this section:

�� (a) �Instrument� includes an electronic record as defined in ORS 84.004.

�� (b) �Original certification� or �original signature� includes an electronic signature as defined in ORS 84.004.

�� (2) Except as provided in subsections (3) and (4) of this section, if an instrument presented for recording conveys an interest in real property and is required by law to be acknowledged or proved, a county clerk may not record the instrument unless the instrument contains the original signatures of the persons executing the instrument and the original signature of the officer before whom the acknowledgment was made.

�� (3) A county clerk may record a certified copy of an instrument that conveys an interest in real property if a law authorizes recording a certified copy of the instrument and the instrument contains the original certification of the certifying officer.

�� (4) If an instrument that is eligible to be recorded under the laws of this state is presented for recording as an electronic image or by electronic means, a county clerk may record the instrument. If the county clerk records the instrument, the county clerk shall require the person that presents the instrument for recording to certify by electronic means or otherwise that the instrument, or the instrument from which the electronic image was made, contains the original signatures required under subsection (2) of this section.

�� (5) A county clerk may enter into a contract to receive instruments as electronic images or by electronic means with a contractor that presents the instruments for recording on behalf of another person. The contractor or the other person shall certify by electronic means or otherwise that the instrument that the contractor presents for recording, or the instrument from which the electronic image was made, contains the original signatures required under subsection (2) of this section. [1991 c.230 �21; 2011 c.386 �1; 2019 c.402 �1]

�� 93.806 Recordation of instrument creating certain liens. (1) Any instrument creating a lien on unpaid rents and profits of real property within this state, by assignment, mortgage, pledge or otherwise, or memorandum thereof, which is executed by the person from whom the lien is intended to be given, and acknowledged or proved in the manner provided for the acknowledgment or proof of other conveyances, may be indexed and recorded in the records of mortgages of real property in the county where such real property is located, as provided in ORS 93.710. Such recordation constitutes notice to third persons, and shall otherwise have the same effect as recordation pursuant to ORS 93.710, specifically, but without limitation, such lien shall not be voidable by and shall not be subordinate to the rights of either:

�� (a) A subsequent lien creditor, as defined in ORS 79A.1020; or

�� (b) A subsequent bona fide purchaser of real property.

�� (2) Such an assignment, mortgage or pledge shall be so perfected by such recording, without the holder thereof obtaining the appointment of receiver, taking possession of the subject real property, filing a financing statement pursuant to ORS chapter 79A or taking any other action in addition to such recording.

�� (3) As used in this section, �memorandum� has the meaning provided in ORS 93.710 (3). [1991 c.299 �1; 2001 c.445 �166]

�� Note: 93.806 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 93 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 93.808 Approval of governmental unit required to record certain instruments. An instrument conveying title or interest to the State of Oregon or to a county, city or other political subdivision in this state may not be recorded unless the instrument carries an indication of approval of the conveyance by this state or the political subdivision accepting title or interest. [1999 c.654 �2]

VALIDATING AND CURATIVE ACTS

�� 93.810 Validating and curative Acts. The following are subjects of validating or curative Acts applicable to this chapter:

�� (1) Evidentiary effect and recordation of conveyances before 1854.

�� (2) Evidentiary effect and recordation of certified copies of deeds issued by the State Land Board before 1885 where the original deed was lost.

�� (3) Defective acknowledgments of married women to conveyances before 1891.

�� (4) Foreign instruments executed before 1903.

�� (5) Deeds of married women before 1907, validity; executed under power of attorney and record as evidence.

�� (6) Conveyances by reversioners and remainderpersons to life tenant.

�� (7) Decrees or judgments affecting lands in more than one county.

�� (8) Irregular deeds and conveyances; defective acknowledgments; irregularities in judicial sales; sales and deeds of executors, personal representatives, administrators, conservators and guardians; vested rights arising by adverse title; recordation.

�� (9) Defective acknowledgments.

�� (10) Title to lands from or through aliens.

�� (11) An instrument that is presented for recording as an electronic image or by electronic means and that is recorded before June 16, 2011.

�� (12) A tangible copy of an electronic record containing a notarial certificate that is accepted for recording by a county clerk before June 30, 2020. [Amended by 1973 c.823 �96; 2003 c.14 �36; 2003 c.576 �355; 2011 c.386 �2; 2020 s.s.1 c.12 ��28,29; 2021 c.344 �4]

DEED FORMS

�� 93.850 Warranty deed form; effect. (1) Warranty deeds may be in the following form:

_, Grantor, conveys and warrants to ___, Grantee, the following described real property free of encumbrances except as specifically set forth herein: (Describe the property conveyed.)

(If there are to be exceptions to the covenants described in ORS 93.850 (2)(c), here insert such exceptions.)

(Following statement of exceptions, here insert statement required under ORS 93.040 (1).)

The true consideration for this conveyance is $_____. (Here comply with the requirements of ORS

ORS 94.342

94.342; 2019 c.69 �23]

�� 100.650 Service of process on nonresident developer; consent for service on commissioner; contents of consent; records of service on commissioner. (1) Every nonresident developer, at the time of filing the information required by ORS 100.635, shall also file with the Real Estate Commissioner an irrevocable consent that if, in any suit or action commenced against the nonresident developer in this state arising out of a violation of any provision of this chapter, personal service of summons or process upon the nonresident developer cannot be made in this state after the exercise of due diligence, a valid service may thereupon be made upon the nonresident developer by service on the commissioner.

�� (2) The consent shall be in writing executed and verified by an officer of a corporation or association, a general partner of a partnership or by an individual developer and shall set forth:

�� (a) The name of the developer.

�� (b) The address to which documents served upon the commissioner are to be forwarded.

�� (c) If the developer is a corporation or unincorporated association, that the consent signed by such officer was authorized by resolution duly adopted by the board of directors.

�� (3) The address for forwarding documents served under this section may be changed by filing a new consent in the form prescribed in subsection (2) of this section.

�� (5) When the commissioner is served with any such process, the commissioner shall immediately cause one of the copies thereof, with any accompanying papers, to be forwarded by registered mail or by certified mail with return receipt to the developer at the address set forth in the consent.

�� (6) The commissioner shall keep a record of all processes, notices and demands served upon the commissioner under this section, and shall record therein the time of such service and the action with reference thereto. [Formerly 94.348; 1991 c.249 �12]

�� 100.655 Disclosure statement; contents; disclosure statement from other state; declarant liability limited. (1) The disclosure statement submitted to the Real Estate Commissioner as part of a filing under ORS 100.635 must contain the following information:

�� (a) The name and address of the condominium, and the name, address and telephone number of the developer.

�� (b) A general narrative description of the condominium stating the total number of units, a description of the types of units, the total number of units that may be included in the condominium pursuant to ORS 100.105 (2), and a precise statement of the nature of the interest which is being offered.

�� (c) A reference to the recording index numbers and date of recording of the declaration, bylaws and plat with the county recording officer or a statement that the proposed condominium is not yet submitted to the condominium form of ownership.

�� (d) If at the time of filing:

�� (A) The construction of the project is not completed, general disclosure of the status of construction and the actual or scheduled dates of completion of buildings, recreational facilities and other common elements, including a statement describing any recreational facilities or improvements to the common elements that the developer reserves the right to develop or promises to develop, or a statement that there are no such facilities or improvements; or

�� (B) The construction of the project is completed, the actual dates of completion of buildings, recreational facilities and other common elements if known by the developer.

�� (e) The nature and significant terms of any financing offered by the developer to purchasers of the condominium units.

�� (f) Copies of any warranties for structural elements and mechanical and other systems or a brief description of such warranties.

�� (g)(A) A current or projected budget of the association of unit owners for the operation and maintenance and any other common expenses of the condominium, including an amount for a subsidy of the association by the declarant, if any, by a contribution of funds, goods or services;

�� (B) A brief statement of the method of determining liability for common expenses and the right to common profits; and

�� (C) The following notice in at least 12-point type and in all capitals or boldface:

NOTICE TO PROSPECTIVE PURCHASERS

THE PROJECTION OF THE BUDGET OF THE ASSOCIATION OF UNIT OWNERS FOR THE OPERATION AND MAINTENANCE AND OTHER COMMON EXPENSES OF THE CONDOMINIUM IS ONLY AN ESTIMATE, PREPARED WITH DUE CARE.

�� (h) If a provision for reserves under ORS 100.175 is included in the budget disclosed under paragraph (g) of this subsection:

�� (A) A statement identifying the information constituting the basis for the reserve assessment under ORS 100.175;

�� (B) A statement that the information constituting the basis for the reserve assessment identified under ORS 100.175 is available for review upon written request to the declarant or the designated person, unless included in the disclosure statement; and

�� (C) If the reserve study is not submitted with the filing required by ORS 100.635, the following notice in at least 12-point type and in all capitals or boldface:

NOTICE TO PROSPECTIVE PURCHASERS

THE RESERVE STUDY IS NOT CURRENTLY AVAILABLE FOR REVIEW. THE REAL ESTATE COMMISSIONER MAY NOT APPROVE THE DECLARATION FOR RECORDING UNLESS THE RESERVE STUDY HAS BEEN SUBMITTED. WHEN COMPLETED, THE RESERVE STUDY WILL BE AVAILABLE FOR REVIEW AT THE OFFICE OF THE REAL ESTATE COMMISSIONER OR UPON WRITTEN REQUEST TO THE DECLARANT OR DESIGNATED PERSON. PROSPECTIVE PURCHASERS SHOULD CONTACT THE DECLARANT REGARDING THE ANTICIPATED AVAILABILITY OF THE RESERVE STUDY OR ANY OTHER INFORMATION ABOUT THE PROPOSED CONDOMINIUM.

�� (i) In the case of a conversion condominium, a statement of:

�� (A) The present condition of all structural components and major mechanical and utility installations in the condominium, including the approximate date of construction and a reasonable estimate of the remaining useful life of, at a minimum, the roof, siding, plumbing, electrical, HVAC system, asphalt, sidewalks and decks;

�� (B) In at least 12-point type and in all capitals or boldface, whether the assessment of conditions under subparagraph (A) of this paragraph was prepared by a registered engineer, registered architect or certified home inspector; and

�� (C) The statutory procedure required to create a conversion condominium.

�� (j) A cross-reference to the portions of the declaration, any supplemental declaration and bylaws containing the general power and authority of the board of directors, the method of apportionment of voting rights among the unit owners and a statement of the nature and extent of control of the board of directors retained by the developer by voting rights or otherwise.

�� (k) A list of the documents by which purchasers may be bound, including the declaration, bylaws, ground leases, management agreement, easements, covenants, restrictions and conditions.

�� (L) A statement of whether there are any restrictions on alienation of units or any use or occupancy restrictions, such as limitations on residential or commercial use, pets, age of occupants or number of occupants, and a cross-reference to those portions of the declaration, any supplemental declaration, bylaws or any other document containing the principal provisions relating to those restrictions.

�� (m) If the condominium is a staged condominium, whether the declarant reserves the right to annex additional property to the condominium pursuant to ORS 100.125 and, if so:

�� (A) The maximum number of units;

�� (B) The date after which annexation right terminates;

�� (C) The description of additional common elements declarant reserves right to annex to the property and whether such common elements might substantially increase the proportionate amount of common expenses by current unit owners; and

�� (D) The effect of annexation of additional units on allocation of interest in the common elements and voting rights.

�� (n) If the condominium or any stage being filed under ORS 100.635 contains or may contain any variable property, a statement of the rights reserved by the declarant under ORS 100.150 (1) and the results specified in ORS 100.155 if such rights are not exercised.

�� (o) Any additional information required by the commissioner.

�� (2) In lieu of the disclosure statement required under subsection (1) of this section, the commissioner may accept a disclosure report issued or approved by another state or governmental agency.

�� (3) The declarant is not liable to the association or the owners with respect to a statement of condition or estimate of useful life contained in the disclosure statement if:

�� (a) The declarant did not have actual knowledge of any inaccuracies in the statement at the time of delivery of the disclosure statement to the purchaser; and

�� (b) The declarant relied upon reports prepared by registered engineers or registered architects in making the statement or, if the condominium has four or fewer units, reports prepared by registered engineers, registered architects or certified home inspectors. [Formerly 94.351; 1997 c.816 �14; 1999 c.677 �55; 2001 c.756 �54; 2003 c.569 �40; 2007 c.409 �36; 2009 c.259 �22; 2019 c.69 �24]

�� 100.658 Limited residential condominium filing. (1) A declarant that proposes to submit real property to the condominium form of ownership under this chapter and does not intend to sell units in the condominium for which the developer must file a disclosure statement under ORS 100.635 may request approval of the declaration and bylaws or a supplemental declaration by:

�� (a) Submitting the fee required by ORS 100.670; and

�� (b) Filing a limited residential condominium filing described in subsection (2) of this section with the Real Estate Commissioner.

�� (2) A limited residential condominium filing must include:

�� (a) General information, provided on a form prescribed and furnished by the commissioner, including:

�� (A) The name and address of the condominium and the county in which the condominium is located.

�� (B) The name, address and telephone number of the declarant and any agent of the declarant.

�� (b) For approval of the declaration and bylaws or a supplemental declaration, in addition to the documents and information required under ORS 100.668 (2) or (3), an executed and acknowledged affidavit of compliance, in a form prescribed and furnished by the commissioner, that requires the declarant to:

�� (A) Agree to comply with ORS 100.660, 100.705, 100.725 and 100.740 before the declarant sells any unit in the condominium;

�� (B) Assert understanding that violations of ORS 100.660, 100.705, 100.725 or 100.740 are subject to civil penalties and sanctions under ORS 100.900 and 100.905 and criminal penalties under ORS 100.990; and

�� (C) Assert understanding that violations of ORS 100.705 are subject to ORS 646.605 to

ORS 94.783

94.783 control. [1981 c.782 �86; 1999 c.677 �69; 2003 c.569 �19]

�� 94.775 Judicial partition of lots. (1) Judicial partition by division of a lot in a planned community is not allowed under ORS 105.205, unless:

�� (a) The declaration expressly allows the division of lots in a planned community; or

�� (b) The lot may be divided under ORS 94.776.

�� (2) The lot may be partitioned by sale and division of the proceeds under ORS 105.245.

�� (3) The restriction specified in subsection (1) of this section does not apply if the homeowners association has removed the property from the provisions of the declaration. [1981 c.782 �87; 2003 c.569 �20; 2021 c.103 �5]

�� 94.776 Development and division of lots; allocations for newly created lots. (1) A provision in a governing document that is adopted or amended on or after January 1, 2020, is void and unenforceable to the extent that the provision would prohibit or have the effect of unreasonably restricting the development of, or the dividing of lands under ORS 92.031 for, housing that is otherwise allowable under the maximum density of the zoning for the land.

�� (2) Lots or parcels resulting from the division of land in a planned community are subject to the governing documents of the planned community and are allocated assessments and voting rights on the same basis as existing units.

�� (3) A provision in a governing document that is adopted or amended on or after January 1, 2026, is void and unenforceable to the extent that the provision would prohibit or have the effect of unreasonably restricting the siting of a manufactured dwelling, as defined in ORS 446.003, or a prefabricated structure, as defined in ORS 197A.015, on a lot, including an accessory dwelling unit allowed under this section. [2019 c.639 �12; 2021 c.103 �4; 2025 c.274 �2]

�� Note: The amendments to 94.776 by section 9, chapter 476, Oregon Laws 2025, become operative January 1, 2027. See section 11, chapter 476, Oregon Laws 2025. The text that is operative on and after January 1, 2027, is set forth for the user�s convenience.

�� 94.776. (1) A provision in a governing document is void and unenforceable, as being against the policy of this state of promoting housing availability and affordability and affirmatively furthering fair housing as defined in ORS 197A.100, to the extent that the provision would prohibit or have the effect of unreasonably restricting the development of, or the dividing of lands under ORS 92.031 for, housing, including accessory dwelling units or middle housing, that is otherwise allowable under the maximum density of the zoning for the land.

�� (2) Lots or parcels, as those terms are defined in ORS 92.010, that result from the division of land in a planned community are subject to the governing documents of the planned community. Any resulting dwelling units are allocated assessments and voting rights on the same basis as existing units.

�� Note: Section 10, chapter 476, Oregon Laws 2025, provides:

�� Sec. 10. ORS 94.776 applies to governing documents that were adopted before, on or after January 1, 2020. [2025 c.476 �10]

�� 94.777 Compliance with bylaws and other restrictions required; effect of noncompliance. Each owner and the declarant shall comply with the bylaws, and with the administrative rules and regulations adopted pursuant thereto, and with the covenants, conditions and restrictions in the declaration or in the deed to the lot. Failure to comply therewith shall be grounds for an action maintainable by the homeowners association or by an aggrieved owner. [1999 c.677 �36]

�� 94.778 Prohibition against installation of solar panels void and unenforceable. (1) Except as provided in subsection (3) of this section, a provision in a declaration or bylaws of a planned community that prohibits an owner of the roof or other exterior portion of a building or improvement on which solar panels may be installed from installing or using solar panels for obtaining solar access, as described in ORS 215.044 and 227.190, is void and unenforceable as a violation of the public policy to protect the public health, safety and welfare of the people of Oregon.

�� (2) An owner of record of real property subject to an instrument that contains a provision described in subsection (1) of this section may file a petition to remove the provision in the manner provided in ORS 93.272 for removal of a provision from an instrument conveying or contracting to convey real property.

�� (3) A homeowners association may adopt and enforce a provision that imposes reasonable size, placement or aesthetic requirements for the installation or use of solar panels described in subsection (1) of this section. [2017 c.282 �2]

�� 94.779 Unenforceability of certain requirements and restrictions. (1) A provision of a planned community�s governing document or landscaping or architectural guidelines that imposes irrigation requirements on an owner or the association is void and unenforceable while any of the following is in effect:

�� (a) A declaration by the Governor that a severe, continuing drought exists or is likely to occur in a political subdivision within which the planned community is located;

�� (b) A finding by the Water Resources Commission that a severe, continuing drought exists or is likely to occur in a political subdivision within which the planned community is located;

�� (c) An ordinance adopted by the governing body of a political subdivision within which the planned community is located that requires conservation or curtailment of water use; or

�� (d) A rule adopted by the association under subsection (2) of this section to reduce or eliminate irrigation water use.

�� (2) Notwithstanding any provision of a planned community�s governing documents or landscaping or architectural guidelines imposing irrigation requirements on an owner or the association, an association may adopt rules that:

�� (a) Require the reduction or elimination of irrigation on any portion of the planned community.

�� (b) Permit or require the replacement of turf or other landscape vegetation with xeriscape on any portion of the planned community.

�� (c) Require prior review and approval by the association or its designee of any plans by an owner or the association to replace turf or other landscape vegetation with xeriscape.

�� (d) Require the use of best practices and industry standards to reduce the landscaped areas and minimize irrigation of existing landscaped areas of common property where turf is necessary for the function of the landscaped area.

�� (3) Except as provided in subsections (4) and (5) of this section, if adopted on or after January 1, 2018, the following provisions of a planned community�s governing document are void and unenforceable:

�� (a) A provision that prohibits or restricts the use of the owner�s unit or lot as the premises of an exempt family child care provider participating in the subsidy program under ORS 329A.500; or

�� (b) If the unit does not share a wall, floor or ceiling surface in common with another unit, a provision that prohibits or restricts the use of the owner�s unit or lot as a certified or registered family child care home pursuant to ORS 329A.250 to

ORS 94.818

94.818.

�� (11) A copy of any contract, lease or timeshare agreement to be signed by the purchaser.

�� (12) A copy of the rules, limitations or conditions on the use of accommodations or facilities available to purchasers.

�� (13) Any restriction on the transfer of any timeshare.

�� (14) If any portion of the timeshare property is located outside the state, proof that the developer has recorded the notice of timeshare plan as required under ORS

ORS 97.130

97.130 (2) and (11) and except as restricted or otherwise provided by the will of the decedent, a document of anatomical gift under ORS 97.965 or by court order, a personal representative, acting reasonably for the benefit of interested persons, is authorized to:

�� (1) Direct and authorize disposition of the remains of the decedent pursuant to ORS 97.130 and incur expenses for the funeral in a manner suitable to the condition in life of the decedent. Only those funeral expenses necessary for a plain and decent funeral may be paid from the estate if the assets are insufficient to pay the claims of the Department of Human Services and the Oregon Health Authority for the net amount of public assistance, as defined in ORS 411.010, or medical assistance, as defined in ORS 414.025, paid to or for the decedent and for care and maintenance of any decedent who was at a state institution to the extent provided in ORS 179.610 to 179.770.

�� (2) Retain assets owned by the decedent pending distribution or liquidation.

�� (3) Receive assets from fiduciaries or other sources.

�� (4) Complete, compromise or refuse performance of contracts of the decedent that continue as obligations of the estate, as the personal representative may determine under the circumstances. In performing enforceable contracts by the decedent to convey or lease real property, the personal representative, among other courses of action, may:

�� (a) Execute and deliver a deed upon satisfaction of any sum remaining unpaid or upon receipt of the note of the purchaser adequately secured; or

�� (b) Deliver a deed in escrow with directions that the proceeds, when paid in accordance with the escrow agreement, be paid to the successors of the decedent, as designated in the escrow agreement.

�� (5) Satisfy written pledges of the decedent for contributions, whether or not the pledges constituted binding obligations of the decedent or were properly presented as claims.

�� (6) Deposit funds not needed to meet currently payable debts and expenses, and not immediately distributable, in bank or savings and loan association accounts, or invest the funds in bank or savings and loan association certificates of deposit, or federally regulated money-market funds and short-term investment funds suitable for investment by trustees under ORS 130.750 to 130.775, or short-term United States Government obligations.

�� (7) Abandon burdensome property when it is valueless, or is so encumbered or is in a condition that it is of no benefit to the estate.

�� (8) Vote stocks or other securities in person or by general or limited proxy.

�� (9) Pay calls, assessments and other sums chargeable or accruing against or on account of securities.

�� (10) Sell or exercise stock subscription or conversion rights.

�� (11) Consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution or liquidation of a corporation or other business enterprise.

�� (12) Hold a security in the name of a nominee or in other form without disclosure of the interest of the estate, but the personal representative is liable for any act of the nominee in connection with the security so held.

�� (13) Insure the assets of the estate against damage and loss, and insure the personal representative against liability to third persons.

�� (14) Advance or borrow money with or without security.

�� (15) Compromise, extend, renew or otherwise modify an obligation owing to the estate. A personal representative who holds a mortgage, pledge, lien or other security interest may accept a conveyance or transfer of the encumbered asset in lieu of foreclosure in full or partial satisfaction of the indebtedness.

�� (16) Accept other real property in part payment of the purchase price of real property sold by the personal representative.

�� (17) Pay taxes, assessments and expenses incident to the administration of the estate.

�� (18) Employ qualified persons, including attorneys, accountants and investment advisers, to advise and assist the personal representative and to perform acts of administration, whether or not discretionary, on behalf of the personal representative.

�� (19) Prosecute or defend actions, claims or proceedings in any jurisdiction for the protection of the estate and of the personal representative in the performance of duties as personal representative.

�� (20) Prosecute claims of the decedent including those for personal injury or wrongful death.

�� (21) Continue any business or venture in which the decedent was engaged at the time of death to preserve the value of the business or venture.

�� (22) Incorporate or otherwise change the business form of any business or venture in which the decedent was engaged at the time of death.

�� (23) Discontinue and wind up any business or venture in which the decedent was engaged at the time of death.

�� (24) Provide for exoneration of the personal representative from personal liability in any contract entered into on behalf of the estate.

�� (25) Satisfy and settle claims and distribute the estate as provided in ORS chapters 111, 112, 113, 114, 115, 116 and 117.

�� (26) Perform all other acts required or permitted by law or by the will of the decedent. [1969 c.591 �127; 1969 c.597 �278; 1977 c.211 �1; 1981 c.278 �1; 1995 c.157 �16; 1997 c.472 �10; 2001 c.900 �17; 2005 c.348 �126; 2007 c.681 �25; 2011 c.164 �4; 2011 c.720 �59; 2013 c.688 �16; 2016 c.42 �22; 2019 c.83 �2]

�� 114.310 [Repealed by 1969 c.591 �305]

�� 114.315 Right to perfect lien or security interest. A personal representative has the same rights to perfect a lien or security interest as the decedent would have had if the decedent were living. [1969 c.591 �128]

�� 114.320 [Repealed by 1969 c.591 �305]

�� 114.325 Power to sell, mortgage, lease and deal with property. (1) Except as provided in subsection (2) of this section, and subject to ORS 113.105, a personal representative has power to sell, mortgage, lease or otherwise deal with property of the estate without notice, hearing or court order.

�� (2) Exercise of the power of sale by the personal representative is improper, except after notice, hearing and order of the court, if:

�� (a) The sale is in contravention of the provisions of the will; or

�� (b) The property is specifically devised and the will does not authorize its sale.

�� (3) Notwithstanding ORS chapters 270, 273 and 274, an estate administrator of the State Treasurer appointed under ORS 113.235 or the Director of Human Services or Director of the Oregon Health Authority serving as a personal representative may deal with property of the estate as a personal representative under this section. [1969 c.591 �129; 2017 c.169 �25; 2019 c.678 �39]

�� 114.330 [Repealed by 1969 c.591 �305]

�� 114.333 Transfer of title and interest to real property by foreign personal representative. Upon performance of a recorded contract of sale of real property the foreign personal representative of a deceased vendor whose estate is being administered in a foreign jurisdiction may convey the title and interest of the vendor in the property to the vendee or the assignee of the vendee upon recording in the deed records of the county where the property is located a certified copy of letters testamentary or of administration. The certificate shall include a statement that the letters are in effect. [1973 c.506 �28]

�� 114.335 Court order for sale, mortgage or lease. Upon proof satisfactory to the court by an interested person that a sale, mortgage or lease of property of the estate is required for paying support of spouse and children, elective share of surviving spouse, claims or expenses of administration, or for distribution, and that the personal representative has failed or declined to act, the court may order the personal representative to make the sale, mortgage or lease. [1969 c.591 �130]

�� 114.340 [Repealed by 1969 c.591 �305]

�� 114.345 Title conveyed free of claims of creditors. Property sold, mortgaged or leased by a personal representative is subject to liens and encumbrances against the decedent or the estate of the decedent, but is not subject to rights of creditors of the decedent or liens or encumbrances against the heirs or devisees of the decedent. The filing and allowance of a claim in an estate proceeding does not make the claimant a secured creditor. [1969 c.591 �131]

�� 114.350 [Repealed by 1963 c.287 �1]

�� 114.355 Sale or encumbrance to personal representative voidable; exceptions. (1) Any sale or encumbrance to the personal representative, the spouse, agent or attorney of the personal representative, or any corporation or trust in which the personal representative has more than a one-third beneficial interest, is voidable unless:

�� (a) The transaction was consented to by all interested persons affected thereby; or

�� (b) The will expressly authorizes the transaction by the personal representative; or

�� (c) The transaction was made in compliance with another statute or with a contract or other instrument executed by the decedent.

�� (2) The title of a purchaser for value without notice of the circumstances of the transaction with the personal representative is not affected unless the purchaser should have known of the defect in the title of the seller. [1969 c.591 �132]

�� 114.360 [Repealed by 1963 c.287 �1]

�� 114.365 Validation of certain sales. The following are the subject of validating Acts:

�� (1) Certain sales of decedent�s real property made prior to 1903 where confirmation of sale was premature, validated by page 133, section 2, General Laws of Oregon 1903.

�� (2) Certain sales of decedent�s property made prior to 1907 under power in will, validated by chapter 175, General Laws of Oregon 1907.

�� (3) Certain sales of decedent�s real property made prior to 1917 where publication of the notice of sale was improper, validated by section 2, chapter 114, General Laws of Oregon 1917.

�� (4) Certain sales by executors or administrators made prior to 1943, validated by chapter 26, Oregon Laws 1943. [Formerly 116.835]

�� 114.370 [Repealed by 1963 c.287 �1]

�� 114.375 Nonliability of transfer agents. A transfer agent or a corporation transferring its own securities incurs no liability to any person by making a transfer of securities of an estate as requested or directed by a personal representative. [1969 c.591 �134]

�� 114.385 Persons dealing with personal representative; protection. A person dealing with or assisting a personal representative without actual knowledge that the personal representative is improperly exercising the power of the personal representative is protected as if the personal representative properly exercised the power. The person is not bound to inquire whether the personal representative is properly exercising the power of the personal representative, and is not bound to inquire concerning the provisions of any will or any order of court that may affect the propriety of the acts of the personal representative. No provision in any will or order of court purporting to limit the power of a personal representative is effective except as to persons with actual knowledge of the provision or order. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection expressed in this section extends to a person dealing with or assisting a personal representative appointed under ORS 113.085 without actual knowledge that the personal representative was not qualified as provided in ORS 113.095 or that the appointment of the personal representative involved procedural irregularity. [1969 c.591 �135; 2017 c.169 �52]

�� 114.395 Improper exercise of power; breach of fiduciary duty. If the exercise of power by a personal representative in the administration of an estate is improper, the personal representative is liable for breach of fiduciary duty to interested persons for resulting damage or loss to the same extent as a trustee of an express trust. Exercise of power in violation of a court order is a breach of duty. Exercise of power contrary to the provisions of the will may be a breach of duty. [1969 c.591 �136]

�� 114.405 Personal liability of personal representative. (1) The personal liability of a personal representative to third parties, as distinguished from fiduciary accountability to the estate, arising from the administration of the estate is that of an agent for a disclosed principal.

�� (2) A personal representative is not personally liable on contracts properly entered into in the fiduciary capacity in the course of administration of the estate unless the personal representative expressly agrees to be personally liable.

�� (3) A personal representative is not personally liable for obligations arising from possession or control of property of the estate or for torts committed in the course of administration of the estate unless the personal representative is personally at fault.

�� (4) Claims based upon contracts, obligations and torts of the types described in subsections (2) and (3) of this section may be allowed against the estate whether or not the personal representative is personally liable therefor. [1969 c.591 �137]

�� 114.410 [Repealed by 1969 c.591 �305]

�� 114.415 Copersonal representatives; when joint action required. (1) When two or more persons are appointed copersonal representatives, the concurrence of all is required for all acts connected with the administration and distribution of the estate, except:

�� (a) Any copersonal representative may receive and receipt for property due the estate.

�� (b) When the concurrence of all cannot readily be obtained in the time reasonably available for emergency action.

�� (c) Where any others have delegated their power to act.

�� (d) Where the will provides otherwise.

�� (e) Where the court otherwise directs.

�� (2) Persons dealing with a copersonal representative who are actually unaware that another has been appointed to serve with the person are as fully protected as if the person with whom they dealt had been the sole personal representative. [1969 c.591 �138]

�� 114.420 [Repealed by 1969 c.591 �305]

�� 114.425 Discovery of property, writings and information. (1) The court may order any person to appear and give testimony by deposition if it appears probable that the person:

�� (a) Has concealed, secreted or disposed of any property of the estate of a decedent;

�� (b) Has been entrusted with property of the estate of a decedent and fails to account therefor to the personal representative;

�� (c) Has concealed, secreted or disposed of any writing, instrument or document pertaining to the estate;

�� (d) Has knowledge or information that is necessary to the administration of the estate; or

�� (e) As an officer or agent of a corporation, has refused to allow examination of the books and records of the corporation that the decedent had the right to examine.

�� (2) If a person cited as provided in subsection (1) of this section fails to appear or to answer questions asked as authorized by the order of the court, the person is in contempt and may be punished as for other contempts. [1969 c.591 �139; 1979 c.284 �106]

�� 114.430 [Repealed by 1969 c.591 �305]

�� 114.435 Power to avoid transfers. The property liable for the payment of expenses of administration, funeral expenses, claims and taxes shall include property transferred by the decedent with intent to defraud the creditors of the decedent or transferred by any means which is in law void or voidable as against the creditors of the decedent. The right to recover that property so far as necessary for the payment of those expenses, claims and taxes is in the personal representative, who shall take necessary steps to recover it. That property constitutes general assets for the payment of creditors. [1969 c.591 �140]

�� 114.440 [Repealed by 1969 c.591 �305]

WRONGFUL DEATH CLAIMS AND ESTATES WITH PERSONAL INJURY CLAIMS

(Generally)

�� 114.441 Definitions for ORS 114.441 to 114.462. As used in ORS 114.441 to 114.462:

�� (1) �Beneficiary� means a person for whose benefit an action against a wrongdoer may be brought under ORS 30.020.

�� (2) �Interested person� has the meaning given that term in ORS 111.005.

�� (3) �Personal injury claim� means a cause of action arising out of injuries to a decedent, caused by the wrongful act or omission of another, that do not result in the death of the decedent.

�� (4) �Wrongful death claim� means a cause of action arising out of injuries to a decedent, caused by the wrongful act or omission of another, that result in the death of the decedent. [2019 c.166 �1]

�� Note: 114.441 to 114.462 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 114 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 114.444 Application. Except as specifically provided in ORS 114.441 to 114.462, ORS 30.010 to 30.100 and 119.006 to 119.081 and ORS chapters 111, 112, 113, 114, 115, 116, 117 and 118 apply to wrongful death claims and estates with personal injury claims. [2019 c.166 �2]

�� Note: See note under 114.441.

(Court Approval of Settlement)

�� 114.447 Court approval of settlement of personal injury claim or wrongful death claim. (1) The parties to a personal injury claim or a wrongful death claim may enter into a settlement agreement, subject to the approval of the probate court, whether or not an action asserting the personal injury claim or the wrongful death claim has been commenced. The personal representative shall petition the probate court for approval of the proposed settlement. The petition need not state the amount of the proposed settlement.

�� (2) A petition to approve a settlement under this section must be accompanied by a declaration under penalty of perjury of the attorney for the personal representative in the personal injury claim or the wrongful death claim:

�� (a) Stating whether the claim being settled is a personal injury claim or a wrongful death claim;

�� (b) Describing the incident causing the injury or death;

�� (c) Describing the injuries;

�� (d) Stating the amount of the claim;

�� (e) Stating the amount of the settlement;

�� (f) Stating the amount of attorney fees and costs;

�� (g) Stating the amount of payments or reimbursements owed under ORS 30.030 (3) and, in the case of a personal injury claim, under ORS 416.540;

�� (h) Stating the amount of any personal representative fee attributable to a wrongful death claim;

�� (i) Stating the reasons for the settlement and the efforts to maximize recovery;

�� (j) Stating that the attorney has examined the applicable medical records; and

�� (k) Explaining why it is appropriate to settle the case. [2019 c.166 �3]

�� Note: See note under 114.441.

(Probate of Estate With Personal Injury Claim as Only Asset)

�� 114.450 Deferral of requirements. If the only asset of an estate is a personal injury cause of action that has not been adjudicated or settled, the court shall:

�� (1) Defer bond requirements until a settlement of the personal injury claim is approved under ORS 114.447; and

�� (2) Accept an annual report on the status of the personal injury claim in lieu of the annual account required under ORS 116.083. [2019 c.166 �4]

�� Note: See note under 114.441.

(Probate for Sole Purpose of Pursuing Wrongful Death Claim)

�� 114.453 Petition for appointment of personal representative. Any beneficiary, any interested person or the person nominated as personal representative named in the will may petition for the appointment of a personal representative for the sole purpose of pursuing a claim for the wrongful death of the decedent. Except as provided in ORS 114.459, a personal representative appointed under this section has all the duties of a personal representative under ORS 119.006 to 119.081 and ORS chapters 113, 114, 115, 116, 117 and 118. In addition to the information required under ORS 113.035, a petition filed under this section must include the following information, so far as known:

�� (1) A statement that the petitioner is filing the petition for the sole purpose of pursuing a wrongful death claim;

�� (2) The names, relationship to the decedent and post-office addresses of beneficiaries, and the ages of any beneficiaries who are minors; and

�� (3) A statement that reasonable efforts have been made to identify and locate all beneficiaries. If the petitioner knows of any actual or possible omissions from the list of beneficiaries, the petition must include a statement indicating that there are omissions from the information relating to beneficiaries. [2019 c.166 �5]

�� Note: See note under 114.441.

�� 114.456 Information to beneficiaries and Department of Human Services and Oregon Health Authority. (1) A personal representative appointed under ORS 114.453 shall deliver or mail to the beneficiaries at their last-known address information that must include:

�� (a) The title of the court in which the estate proceeding is pending and the case number;

�� (b) The name of the decedent and the place and date of the death of the decedent;

�� (d) The date of the appointment of the personal representative; and

�� (e) A statement advising the beneficiaries that the rights of the beneficiaries may be affected by the proceeding and that additional information may be obtained from the records of the court, the personal representative or the attorney for the personal representative.

�� (2) If the personal representative is a beneficiary named in the petition, the personal representative is not required to deliver or mail the information under this section to the personal representative.

�� (3) Within 30 days after the date of appointment the personal representative shall cause to be filed in the estate proceeding proof of the delivery or mailing required by this section or a waiver of notice as provided under ORS 111.225. The proof must include a copy of the information delivered or mailed and the names of the persons to whom it was delivered or mailed.

�� (4) If before the filing of the motion to close the estate under ORS 114.462 the personal representative has actual knowledge that the petition did not include the name and address of any beneficiary, the personal representative shall:

�� (a) Make reasonable efforts under the circumstances to ascertain the names and addresses of the beneficiaries that were not included;

�� (b) Promptly deliver or mail information specified in subsection (1) of this section to each beneficiary located after the filing of the petition and before the filing of the motion to close the estate under ORS 114.462 and to the State Treasurer; and

�� (c) File in the estate proceeding, on or before filing the motion to close the estate under ORS

ORS 97.745

97.745 (1);

�� (b) The plaintiff shall recover imputed damages in an amount not to exceed $10,000 or actual damages, whichever is greater. Actual damages include special and general damages, which include damages for emotional distress;

�� (c) The plaintiff may recover punitive damages upon proof that the violation was willful. Punitive damages may be recovered without proof of actual damages. All punitive damages shall be paid by the defendant to the Commission on Indian Services for the purposes of Indian historic preservation; and

�� (d) An award of imputed or punitive damages may be made only once for a particular violation by a particular person, but shall not preclude the award of such damages based on violations by other persons or on other violations.

�� (4) The court may award reasonable attorney fees to the prevailing party in an action under this section. [1981 c.442 �2; 1995 c.543 �1; 1995 c.618 �55]

�� 97.770 [1995 c.457 �7; repealed by 1999 c.731 �14]

�� 97.771 [1995 c.457 �1; 1997 c.632 �1; repealed by 1999 c.731 �14]

OREGON COMMISSION ON HISTORIC CEMETERIES

�� 97.772 Definition of �historic cemetery.� For purposes of ORS 97.772 to 97.784, �historic cemetery� means any burial place that contains the remains of one or more persons who died before the date that is 75 years before the current date. [1999 c.731 �1; 2003 c.173 �1; 2021 c.22 �1]

�� Note: 97.772 to 97.784 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 97 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 97.773 [1995 c.457 �3; repealed by 1999 c.731 �14]

�� 97.774 Oregon Commission on Historic Cemeteries; terms. (1) There is established within the State Parks and Recreation Department the Oregon Commission on Historic Cemeteries consisting of seven members appointed by the State Parks and Recreation Director.

�� (2) The term of office of each member is four years, but a member serves at the pleasure of the director. Before the expiration of the term of a member, the director shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the director shall make an appointment to become immediately effective for the unexpired term.

�� (3) A member of the commission is entitled to compensation and expenses as provided in ORS

ORS 97.990

97.990 is not invalid as violating any laws against perpetuities or the suspension of the power of alienation of title to or use of property, and is deemed to be in respect for the dead, and is a provision for the interment of human remains and is a duty to, and for the benefit of, the general public.

�� 97.360 Resurvey and alteration in shape or size; vacation of streets, walks, driveways and parks and replatting into lots. (1) Any part or subdivision of the property so mapped and platted may, by order of the directors and consent of the lot owners, be resurveyed and altered in shape and size and an amended map or plat filed, so long as such change does not disturb any interred remains.

�� (2) Whenever a majority of the lots as platted or laid out in any cemetery established before March 3, 1927, or any part thereof, has been sold without the owners or persons in control of the cemetery having made provision for the establishment of an adequate endowment fund for the perpetual maintenance, upkeep and beautification of the cemetery and of the lots therein, the avenues, streets, alleys, walks, driveways and parks therein may be vacated or altered and replatted into lots which may be sold for burial purposes in the manner provided in this subsection and in ORS 97.370 to 97.430. Application for the vacation or alteration of any avenues, streets, alleys, walks, driveways or parks, and for the replatting of the same, or any portion thereof, for cemetery lots in any such cemetery shall be made to the county court or board of county commissioners in the county where the cemetery is situated. The application may be by the owners or persons in control of the cemetery or by a group of 20 or more persons owning lots or having relatives buried therein. The application shall be verified and shall specify the lots owned by each petitioner in which are buried bodies of relatives in which the petitioner is interested and shall state the reason for the proposed change and what provisions have theretofore been made for the perpetual upkeep, maintenance and beautification of the cemetery, and there shall be presented therewith a plat of the cemetery, together with the proposed replat, which shall have clearly indicated thereon the proposed changes.

�� 97.370 Fixing date of hearing; notice. When any application mentioned in ORS 97.360 (2) is filed, the court or board shall fix the time for the hearing of it and notice of the time thereof shall be given by publication in a paper of general circulation published in the town in which the cemetery is situated or in the town to which it is nearest once a week for a period of six successive weeks prior to the date of the hearing and a copy of such notice shall be posted for a like period at three public and conspicuous places in the cemetery. Such notice shall be addressed to all persons owning lots or having an interest in the cemetery, but need not name them, and shall set forth in a general way the proposed changes, the reason stated in the application for making it, the time when the hearing of the application will be had, and shall state that a plat showing the proposed changes is on file with the county clerk of the county in which the cemetery is situated.

�� 97.380 Hearing; order allowing replatting. At the hearing mentioned in ORS 97.370 the court or board shall consider and hear any evidence introduced in favor of the proposed change and all objections thereto and, after a full hearing thereon, may allow the proposed change and replat in whole or in part. If the proposed change is allowed, either in whole or in part, an order allowing it shall be made providing that title to any new lot created by the alteration or vacation of any avenues, streets, alleys, driveways, walks or parks, or any part thereof, shall be vested in the owner of the fee of the part of the cemetery sought to be vacated in trust for burial purposes, or vested in any association which may be formed for the purpose of taking over the cemetery and operating and maintaining it in accordance with the provisions of ORS 97.400. [Amended by 1985 c.582 �4; 1999 c.381 �2]

�� 97.390 Assessment of benefits and damages. If any damages are claimed by the owner of any lot in any such cemetery as is mentioned in ORS 97.360 (2), which lot is adjacent to the avenues, streets, alleys, driveways or parks vacated as provided in ORS 97.380, they shall be ascertained by the county court or board of county commissioners and offset against the benefits accruing to the lot owner on account of the upkeep and beautification of the cemetery in the manner provided in ORS 97.400. Any person feeling aggrieved at the amount of damages so assessed by the board may appeal from such order of allowance to the circuit court of the county in which the cemetery is situated in the same manner as is provided by statute for appeal from the assessment of damages by the exercise of eminent domain in locating a county road and on such appeal the jury, in assessing the amount of damages to be allowed to the appellant, shall offset against such damages the benefits accruing to the appellant as in this section above provided.

�� 97.400 Disposal of newly created lots; disposition and use of proceeds from sale; failure of owner to perform duties. Any owner or association accepting the trust of handling and disposing of lots newly created pursuant to ORS 97.380 shall by the acceptance thereof agree to dispose of the lots only for burial purposes and at a price not less than that fixed by the county court or board of county commissioners. The net funds derived from the sale of the lots remaining after the payment of the reasonable expenses incident to the vacation and of the sale shall be placed in an irreducible and perpetual fund and the interest therefrom shall be used for the perpetual upkeep and beautification of the cemetery and the lots therein situated. The fund shall be placed in some reliable trust company specified by the court or board, which trust company shall invest the same and pay the income therefrom to the owner or association charged with the disposal of such lots. Any owner or association taking over the sale of the lots shall comply with such provisions as the court or board may require of it in the upkeep, beautification and care of the cemetery with the income thereof, and if such owner or association for any reason fails to perform such duties, the court or board may, on its own motion, from time to time, appoint some other association or individual to perform them. The restrictions of this section shall not apply to the sale of lots obtained by replatting cemeteries owned and maintained by any county.

�� 97.410 Right of adjacent lot owner upon vacation of way. The vacation of an avenue, street, alley, driveway, walk or park adjacent to a cemetery lot shall vest in the owner of such lot no interest in the vacated portion thereof; but the adjacent owner shall, for 30 days after the date of such an order of vacation, have the right to purchase any new lot adjacent to the lot of the owner at the price fixed by the court or board at which the lots are to be sold, and if there is more than one adjacent lot owner, the new lot shall be sold to the one offering the highest price therefor.

�� 97.420 Effect of failure to object. Any owner of such cemetery as is mentioned in ORS 97.360 (2), or of any lot therein, or any relative or heir of any deceased person buried in such cemetery who fails to appear and file written objection to any proposed replat, alteration or vacation, authorized by ORS 97.360 (2), shall be deemed to have consented to the proposed change and shall be forever barred from claiming any right to use and have open for traffic or passageway any streets, alleys, driveways or parks vacated, or any right, title or interest therein, except as provided in ORS 97.360 (2) and 97.370 to 97.410.

�� 97.430 Declaration of exercise of police power and right of eminent domain. The enactment of ORS 97.360 (2) and 97.370 to 97.430 is hereby declared to be a necessary exercise of the police powers of the state in order to preserve and keep existing cemeteries as resting places for the dead and to preserve old and historic cemeteries from becoming unkempt and places of reproach and desolation in the communities in which they are located. The taking of avenues, streets, alleys, walks, driveways and parks for the purpose and by the method specified in ORS 97.360 (2) and 97.370 to 97.420 is hereby declared an exercise of the right of eminent domain in behalf of the public health, safety, comfort, pleasure and historic instruction.

�� 97.440 Removal of dedication. (1) Property dedicated to cemetery purposes shall be held and used exclusively for cemetery purposes until the dedication is removed from all or any part of it by an order and decree of the county court or board of county commissioners of the county in which the property is situated in a proceeding brought by the cemetery authority for that purpose and upon notice of hearing and proof satisfactory to the court that:

�� (a) The portion of the property from which dedication is sought to be removed is not being used for interment of human remains; or

�� (b) The Oregon Commission on Historic Cemeteries has received notice of and had the opportunity to comment on the removal from the dedicated property of all human remains and markers dated prior to February 14, 1909.

�� (2) The notice of hearing required by this section must:

�� (a) Be given by publication once a week for at least four consecutive weeks in a newspaper of general circulation in the county where the cemetery is located and by publication twice in a newspaper with statewide circulation;

�� (b) Be posted in three conspicuous places on that portion of the property from which the dedication is to be removed;

�� (c) Describe the portion of the cemetery property sought to be removed from dedication;

�� (d) State that all remains and markers have been removed or that no interments have been made in the portion of the cemetery property sought to be removed from dedication; and

�� (e) Specify the time and place of the hearing. [Amended by 2003 c.237 �1]

�� 97.445 Vacating county interest in cemetery real property. Consistent with the provisions of ORS 368.326 to 368.366, a county may vacate any real property interests the county may own in a cemetery. Consistent with ORS 368.366 (2), the county may vacate its real property interests in favor of a private nonprofit organization provided the organization states its intent to provide for the continuing maintenance and care of the cemetery and associated facilities. [1997 c.747 �2]

�� 97.450 Discontinuance of cemetery and removal of remains and markers. (1)(a) Whenever any cemetery that is within the limits of any county, city or town has been abandoned, or it is desirable to abandon such cemetery, the governing body of any county, if the cemetery is owned by the county, or the corporate authorities of the city or town, if the cemetery is owned by the city or town, or the trustees or directors, if the cemetery is owned by an association or corporation, may order that such burial ground be discontinued, have the remains of all persons interred in the cemetery moved to some other suitable place and provide for the removal and reerection of all stones and monuments marking said graves. Each removal must be made in an appropriate manner and in accordance with the directions of the Director of the Oregon Health Authority. Prior to any removal authorized under this section, written notice must be given to the family, or next of kin of the deceased, if known, and if unknown, notice of the removal shall be published for at least four successive weeks in a newspaper of general circulation in the county in which the cemetery is located and twice in a newspaper with statewide circulation.

�� (b) Any removal and the costs of the proceedings under this section shall be at the expense of the county, city or town, individual, corporation or association owning the cemetery to be moved.

�� (2) Notwithstanding subsection (1)(a) of this section, a cemetery or burial ground containing human remains that were interred before February 14, 1909, may not be discontinued or declared abandoned or have remains removed from the burial ground or cemetery without prior notice to and comment by the Oregon Commission on Historic Cemeteries. When commenting on a request to discontinue or declare abandoned a cemetery or burial ground, the commission shall consider:

�� (a) The listing of the cemetery or burial ground under ORS 97.782;

�� (b) The historic significance of the cemetery or graves included in the request; and

�� (c) The findings of any archaeological survey of the cemetery or burial ground. [Amended by 1955 c.472 �1; 2003 c.237 �2; 2009 c.595 �63]

�� 97.460 Requirements for establishment of cemetery or burial park. (1) A person may not lay out, open up or use any property for cemetery or burial park purposes unless the person:

�� (a) Is the owner of the property;

�� (b) Has the written consent of the planning commission of the county or city having jurisdiction under ORS 92.042 or, if there is no such commission in such county or city, the governing body of such county or city;

�� (c) Agrees to maintain records of the disposition of human remains on the property as required by the planning commission or governing body of the county or city having jurisdiction under ORS 92.042; and

�� (d) Agrees to disclose the disposition of human remains upon sale of the property. Failure to disclose the disposition of human remains does not invalidate the sale of the property.

�� (2) A planning commission of a county or city or, if there is no planning commission in a county or city, the governing body of the county or city, shall provide to the State Mortuary and Cemetery Board a list of the requirements for laying out, opening up or using property in the county or city for cemetery or burial park purposes. [Formerly 64.060; 1965 c.396 �3; 2009 c.709 �9]

SALES AND RIGHTS IN RESPECT OF CEMETERY PLOTS

�� 97.510 Sale and conveyance of plots by cemetery authority. (1) After filing the map or plat and recording the declaration of dedication, a cemetery authority may sell and convey plots subject to such rules and regulations as may be then in effect and subject to such other and further limitations, conditions and restrictions made a part of the declaration of dedication by reference or included in the instrument of conveyance of the plot.

�� (2) Scattering of cremated or reduced remains in a scattering garden is not a sale or conveyance. [Amended by 2007 c.661 �3; 2021 c.296 �11]

�� 97.520 Sale or offer to sell cemetery plot upon promise of resale at financial profit. A person, firm or corporation may not sell or offer to sell a cemetery plot upon the promise, representation or inducement of resale at a financial profit, except with the consent and approval of the Director of the Department of Consumer and Business Services. Each violation of this section constitutes a separate offense. [Amended by 1989 c.171 �13; 2007 c.661 �4]

�� 97.530 Commission, bonus or rebate for sale of plot or services. No cemetery authority shall pay or offer to pay, and no person, firm or corporation shall receive, directly or indirectly, a commission, bonus, rebate or other thing of value for the sale of a plot or services. This does not apply to a person regularly employed by the cemetery authority for such purpose. Each violation of this section constitutes a separate offense.

�� 97.540 Commission, bonus or rebate for recommendation of cemetery. No person shall pay, cause to be paid or offer to pay, and no person, firm or corporation shall receive, directly or indirectly, except as provided in ORS 97.530, any commission, bonus, rebate or other thing of value in consideration of recommending or causing a dead human body to be disposed of in any cemetery. Each violation of this section constitutes a separate offense.

�� 97.550 Plots are indivisible. All plots, the use of which has been conveyed by deed or certificate of ownership as a separate plot, are indivisible except with the consent of the cemetery authority, or as provided by law.

�� 97.560 Presumption of sole ownership in grantee of plot. All plots conveyed to individuals are presumed to be solely and separately owned by the person named in the instrument of conveyance.

�� 97.570 Spouse has vested right of interment. (1) The spouse of an owner of any plot containing more than one interment space has a vested right of interment of the remains of the spouse in the plot, and any person thereafter becoming the spouse of the owner has a vested right of interment of the remains of the person in the plot if more than one interment space is unoccupied at the time the person becomes the spouse of the owner.

�� (2) The purchase by a married person of more than one interment space shall create in the spouse a right of interment therein.

�� 97.580 Divestiture of spouse�s right of interment. No conveyance or other action of the owner without the written consent or joinder of the spouse of the owner divests the spouse of the vested right of interment, except that a judgment of divorce between them terminates the right unless otherwise provided in the judgment. [Amended by 2003 c.576 �357]

�� 97.590 Transfer of plot or right of interment. No transfer of any plot, heretofore or hereafter made, or any right of interment is complete or effective until recorded on the books of the cemetery authority.

�� 97.600 Descent of plot. Upon the death of the owner, unless the owner has disposed of the plot either by specific direction in the will of the owner or by a written declaration filed and recorded in the office of the cemetery authority, if no interment has been made in an interment plot which has been transferred by deed or certificate of ownership to an individual owner or if all remains previously interred are lawfully removed, the plot descends to the heirs at law of the owner, subject to the rights of interment of the decedent and the surviving spouse of the decedent.

�� 97.610 Determining occupant of burial plot having co-owners. When there are two or more owners of a burial plot or of rights of interment therein, such owners may designate one or more persons to designate the burials to be made in the plot and file written notice of such designation with the cemetery association. In the absence of such notice or of written objection to its so doing, the cemetery association is not liable to any owner for interring or permitting an interment therein upon the request or direction of any registered co-owner of the plot.

�� 97.620 Death of co-owner; authorization to use plot under directions of surviving owners. An affidavit by any person having knowledge of the fact, setting forth the fact of the death of one owner and establishing the identity of the surviving owners named in the deed to any plot, when filed with the cemetery authority operating the cemetery in which the plot is located, is authorization to the cemetery authority to permit the use of the unoccupied portion of the plot in accordance with the directions of the surviving owners or their successors in interest.

�� 97.630 Family plots; order of occupation. (1) Whenever an interment of the remains of a member or of a relative of a member of the family of the record owner, or of the remains of the record owner, is made in a plot transferred by deed or certificate of ownership to an individual owner, and the owner dies without making disposition of the plot, either by direction in the owner�s will, or by a written declaration filed and recorded in the office of the cemetery authority, the plot thereby becomes inalienable and shall be held as the family plot of the owner, and occupied in the following order:

�� (a) One grave, niche or crypt may be used for the owner�s interment; one for the owner�s surviving spouse, if there is one, who by ORS 97.010 to 97.040, 97.110 to

ORS 97.992

97.992, 97.994 and 692.180 and accrued income only to the successor certified provider as described in ORS 97.943 and 97.944.

�� (b) If appointing a successor certified provider under this subsection, the original certified provider shall notify the director of the proposed change at least 30 days before the appointment.

�� (8) A certified provider may appoint a successor depository or a master trustee and shall notify the director of the proposed change at least 30 days before the appointment.

�� (9)(a) The director may appoint a successor certified provider upon a determination that:

�� (A) The original certified provider has failed to perform the duties of a certified provider;

�� (B) The certificate issued to the original certified provider has been revoked or surrendered; and

�� (C) The appointment of a successor certified provider is necessary to protect the interests of the purchasers and beneficiaries of prearrangement sales contracts or preconstruction sales contracts.

�� (b) Depositories or master trustees holding deposits of trust funds by the original certified provider shall change their records to reflect the appointment of a successor certified provider upon receipt of written notice of the appointment from the director.

�� (10) A trust fund account must be a single purpose fund. In the event of the certified provider�s bankruptcy, the funds and accrued income are not available to any creditor as assets of the certified provider, but must be distributed to the purchasers or managed for the purchasers� benefit by the trustee in bankruptcy, receiver or assignee.

�� (11)(a) If the original certified provider is licensed under ORS chapter 692 and voluntarily surrenders the license to the State Mortuary and Cemetery Board, prearrangement sales contracts and preconstruction sales contracts must be transferred to the successor certified provider appointed by the director.

�� (b) If the original certified provider is not licensed under ORS chapter 692, upon presentation of proof of the dissolution or insolvency, or merger with another certified provider, of the original certified provider, the depository shall release the prearrangement trust fund deposits or preconstruction trust fund deposits to the purchaser.

�� (c) If the original certified provider is licensed under ORS chapter 692, upon proof of the insolvency or involuntary surrender of the license of the original certified provider, the depository shall release the prearrangement trust fund deposits or preconstruction trust fund deposits to the purchaser.

�� (12) The purchaser or beneficiary of a prearrangement sales contract or preconstruction sales contract may be named cotrustee with the certified provider with the written consent of the purchaser or beneficiary.

�� (13) A certified provider who has not appointed a master trustee and is placing funds with a depository shall have an annual audit of all trust account funds performed by an independent certified public accountant in accordance with generally accepted accounting procedures. The certified provider shall provide the audit results to the director as part of the annual report required under ORS 97.933. [Formerly 128.423; 2007 c.661 �19; 2012 c.7 �8]

�� Note: See note under 97.923.

�� 97.942 Appointment of receiver; criteria. (1) The Attorney General, on behalf of the Director of the Department of Consumer and Business Services, may petition the circuit courts of this state for appointment of a receiver for a certified provider or entity acting as a certified provider without certification.

�� (2) If the court determines that a receivership is necessary or advisable, the court shall appoint a receiver:

�� (a) When a receiver would ensure the orderly and proper conduct of a certified provider�s professional business and affairs during or in the aftermath of an administrative proceeding to revoke or suspend the certified provider;

�� (b) When a receiver would protect the public�s interest and rights in the business, premises or activities of the certified provider or entity sought to be placed in receivership;

�� (c) Upon a showing of serious and repeated violations of ORS 97.923 to 97.949 demonstrating an inability or unwillingness to comply with the provisions of ORS 97.923 to 97.949;

�� (d) When a receiver would prevent loss, wasting, dissipation, theft or conversion of assets that should be marshaled and held available for the honoring of obligations under ORS 97.923 to 97.949; or

�� (e) When the court receives proof of other grounds that the court deems good and sufficient for instituting receivership action concerning the certified provider or entity sought to be placed in receivership.

�� (3)(a) A receivership under this section may be temporary or for the winding up and dissolution of a business, as the director may request and the court determines to be necessary or advisable in the circumstances.

�� (b) Venue of receivership proceedings may be, at the director�s request, in Marion County or the county where the subject of the receivership is located. The appointed receiver shall be the director or a person that the director nominates and that the court approves.

�� (c) The director may expend money from budgeted funds or the Funeral and Cemetery Consumer Protection Trust Fund to implement a receivership. Any expenditures are a claim against the estate in the receivership proceedings. [2007 c.661 �24; 2012 c.7 �9]

�� Note: See note under 97.923.

�� 97.943 Distributions from prearrangement trust fund deposits. (1) A master trustee or a depository may not make any distributions from prearrangement sales contract trust fund deposits except as provided in this section.

�� (2) The principal of a trust created pursuant to a prearrangement sales contract shall be paid to the certified provider who sold the contract if the certified provider who sold the contract swears, by affidavit, that the certified provider has delivered all merchandise and performed all services required under the prearrangement sales contract and delivers to the master trustee or the depository one of the following:

�� (a) A certified copy of a death record of the beneficiary; or

�� (b) A sworn affidavit signed by the certified provider and by:

�� (A) One member of the beneficiary�s family; or

�� (B) The executor of the beneficiary�s estate.

�� (3) The principal of a trust created pursuant to a prearrangement sales contract must be paid to the purchaser if the original certified provider is no longer qualified to serve as the certified provider under ORS 97.941 (11).

�� (4) Upon completion by the certified provider of the actions described in subsection (2) of this section, the master trustee or the depository shall pay to the certified provider from the prearrangement sales contract trust fund an amount equal to the sales price of the merchandise delivered.

�� (5) Upon the final payment to the certified provider of the principal in trust under subsection (2) of this section, the undistributed earnings of the trust must be paid to:

�� (a) The certified provider who sold the contract if the contract is a guaranteed contract; or

�� (b) The contract purchaser, or the purchaser�s estate, if the contract is a nonguaranteed contract.

�� (6) The master trustee or the depository may rely upon the certifications and affidavits made to it under the provisions of ORS 97.923 to 97.949, 97.992, 97.994 and 692.180, and is not liable to any person for such reliance.

�� (7) If a certified provider who sold a prearrangement sales contract does not comply with the terms of the prearrangement sales contract within a reasonable time after the certified provider is required to do so, the purchaser or heirs or assigns or duly authorized representative of the purchaser or the beneficiary has the right to a refund in the amount equal to the sales price paid for undelivered merchandise and unperformed services plus undistributed earnings amounts held in trust attributable to such contract, within 30 days of the filing of a sworn affidavit with the certified provider who sold the contract and the master trustee or the depository setting forth the existence of the contract and the fact of breach. A copy of this affidavit shall be filed with the Director of the Department of Consumer and Business Services. In the event a certified provider who has sold a prearrangement sales contract is prevented from performing by strike, shortage of materials, civil disorder, natural disaster or any like occurrence beyond the control of the certified provider, the certified provider�s time for performance is extended by the length of such delay.

�� (8) Except for an irrevocable contract described in ORS 97.939 (4), at any time prior to the death of the beneficiary of a prearrangement sales contract, the purchaser of the prearrangement sales contract may cancel the contract and is entitled to a refund of all amounts paid on the contract, all amounts in trust including earnings allocated to the contract that are in excess of all amounts paid on the contract and unallocated earnings on trust contract amounts from the date of the last allocation to the date of the refund request, less any amounts paid for merchandise already delivered or services already performed, which amounts may be retained by the certified provider as compensation.

�� (9) Notwithstanding ORS 97.941 (4) and subsection (5) of this section, a master trustee or certified provider may pay accounting fees, taxes, depository fees, investment manager fees and master trustee fees from earnings of trust fund deposits. Any payment of expenses or fees from earnings of a trust fund deposit under this subsection must not:

�� (a) Exceed an amount equal to two percent per calendar year of the value of the trust as determined at least once every six months as prescribed by the director by rule;

�� (b) Include the payment of any fee to the certified provider in consideration for services rendered as certified provider; or

�� (c) Reduce, diminish or in any other way lessen the value of the trust fund deposit so that the merchandise or services provided for under the contract are reduced, diminished or in any other way lessened. [Formerly 128.425; 2005 c.66 �1; 2007 c.661 �20; 2012 c.7 �10; 2013 c.366 �53]

�� Note: See note under 97.923.

�� 97.944 Distributions from preconstruction trust fund deposits. (1) A depository may not make any distributions from preconstruction sales contract trust deposits except as provided in this section.

�� (2)(a) The construction or development of undeveloped interment spaces shall be commenced on the phase of construction or development, or the section or sections of spaces in which sales are made within five years of the date of the first sale. The certified provider who sold the preconstruction sales contract shall give written notice including a description of the project to the Director of the Department of Consumer and Business Services no later than 30 days after the first sale.

�� (b) Once commenced, construction or development shall be pursued diligently to completion. The first phase of construction must be completed within seven years of the first sale. However, any delay caused by strike, shortage of materials, civil disorder, natural disaster or any similar occurrence beyond the control of the certified provider extends the time of completion by the length of a delay.

�� (c) If construction or development is not commenced or completed within the times specified, any contract purchaser may surrender and cancel the contract and upon cancellation shall be entitled to a refund of the actual amounts paid toward the purchase price, together with interest accrued on the amount deposited to the trust.

�� (3) Except as otherwise authorized by this section, every certified provider selling undeveloped spaces shall provide facilities for temporary interment for purchasers or beneficiaries of contracts who die prior to completion of the space. Such temporary facilities shall be constructed of permanent materials, and, insofar as practical, be landscaped and groomed to the extent customary in that community. The heirs, assigns or personal representative of a purchaser or beneficiary shall not be required to accept temporary underground interment space where undeveloped space contracted for was an aboveground entombment or inurnment space. In the event that temporary facilities as described in this subsection are not made available upon the death of a purchaser or beneficiary, the heirs, assigns or personal representative is entitled to a refund of the entire sales price paid plus undistributed interest attributable to such amount while in trust.

�� (4) If the certified provider who sold the preconstruction sales contract delivers a completed space acceptable to the heirs, assigns or personal representative of a purchaser or beneficiary, other than a temporary facility, in lieu of the undeveloped space purchased, the certified provider shall provide the depository with a delivery certificate and all sums deposited under the preconstruction sales contract and income allocable to that contract shall be paid to the certified provider.

�� (5) During the construction or development of interment spaces, upon receiving the sworn certification of the certified provider who sold the preconstruction sales contract and the contractor, the depository shall disburse from the trust fund the amount equivalent to the cost of performed labor or delivered materials as certified, not to exceed the amounts deposited and income allocable to those contracts. A person who executes and delivers a completion certificate with actual knowledge of a falsity contained therein shall be considered in violation of ORS 97.923 to 97.949 and 692.180.

�� (6) Upon completion of the phase of construction or development, section or sections of the project as certified to the depository by the certified provider and the contractor, the trust requirements shall terminate and all funds held in the preconstruction sales contract trust fund attributable to the completed phase, section or sections shall be paid to the certified provider who sold the preconstruction sales contract.

�� (7) Upon the payment to a certified provider of preconstruction sales contract trust funds under subsection (4) or (6) of this section, the undistributed income of the trust shall be paid to:

�� (a) The certified provider who sold the contract if the contract is a guaranteed contract; or

�� (b) The contract purchaser, or the purchaser�s estate, if the contract is a nonguaranteed contract.

�� (8) If the preconstruction sales contract purchaser defaults in making payments under an installment preconstruction sales contract, and default continues for at least 30 days after the purchaser has received written notice of default, the certified provider who sold the contract may cancel the contract and withdraw from the trust fund the entire balance of the defaulting purchaser�s account as liquidated damages. Upon certification of the default, the depository shall deliver the balance to the certified provider. The depository may rely on the certification and affidavits made to it under the provisions of ORS 97.923 to

ORS 98.240

98.240.

�� 98.140 Notice of sale. Before property shall be sold pursuant to ORS 98.130, at least 60 days� notice of sale shall be given the owner of the property, if the name and residence of the owner are known, either personally or by mail, or by leaving a notice at the residence or place of doing business of the owner, or, if the name and residence of the owner is not known, a notice shall be published containing a description of the property for six weeks successively in a newspaper published in the county where the property was deposited. If there is no newspaper published in that county, then the notice shall be published in a newspaper nearest thereto in the state. The last publication of the notice shall be at least 18 days prior to the time of sale.

�� 98.150 Affidavit by custodian when no response to notice. If the owner or person entitled to the property to be sold pursuant to ORS 98.130 shall not take it away and pay the charges thereon after 60 days� notice is given, the person having possession thereof, the agent or attorney of the person shall deliver to a justice of the peace of the county where the property was received an affidavit setting forth a description of the property remaining unclaimed, the time of its reception, the publication of the notice, and whether the owner of the property is known or unknown.

�� 98.160 Inventory and order to sell. Upon the delivery to the justice of the peace of the affidavit as provided in ORS 98.150, the justice shall cause the property to be examined in the presence of the justice, and a true inventory thereof to be made. The justice shall annex to such inventory an order under the hand of the justice that the property therein described be sold at public auction by any constable of the constable district where the property is located, or if there is no constable, then by the county sheriff. [Amended by 1963 c.228 �1]

�� 98.170 Sale. The constable or sheriff receiving the inventory and order provided for in ORS 98.160 shall give 10 days� notice of the sale by posting written notices thereof in three or more places in such constable district, or in the county, and sell the property at public auction to the highest bidder in the same manner as provided by law for sales under execution from justice courts. [Amended by 1963 c.228 �2]

�� 98.180 Delivery of proceeds to justice. Upon completing the sale provided for in ORS 98.170, the constable or sheriff making the sale shall indorse upon the order provided for in ORS 98.160 a return of the proceedings. The constable or sheriff shall deliver the order to the justice, together with the inventory and the proceeds of sale, after deducting fees. [Amended by 1963 c.228 �3]

�� 98.190 Disposal of proceeds by justice. From the proceeds of the sale provided for in ORS 98.170, the justice shall pay all legal charges that have been incurred in relation to the property, or a ratable proportion of each charge if the proceeds of the sale are not sufficient to pay all the charges; and the balance, if there is any, the justice shall immediately pay over to the treasurer of the county in which the property was sold, and deliver a statement therewith containing a description of the property sold, the gross amount of the sale, and the costs, charges and expenses paid to each person.

�� 98.200 Procedure by county treasurer. The county treasurer shall make an entry of the amount received by the county treasurer and the time when received, and shall file in the office of the county treasurer the statement delivered to the county treasurer by the justice pursuant to ORS 98.190.

�� 98.210 Payment to person proving ownership. If the owner of the property sold, or the legal representative of the owner, furnishes satisfactory evidence to the treasurer of ownership of the property deposited in the county treasury pursuant to ORS 98.190, the owner shall be entitled to receive from the treasurer the amount deposited with the treasurer. [Amended by 1957 c.670 �30]

�� 98.220 [Repealed by 1957 c.670 �37]

�� 98.230 Sale of perishable property. Perishable property consigned or left as mentioned in ORS 98.110, if not reclaimed within 30 days after it was left, may be sold by giving 10 days� notice thereof. The sale shall be conducted and the proceeds of the sale shall be applied as provided in ORS 98.170 to 98.210. Any property in a state of decay or manifestly liable to immediately become decayed, may, after inspection, be summarily sold by order of a justice of the peace, as provided in ORS 98.160.

�� 98.240 Fees allowed to justice of peace and constable or sheriff. A justice of the peace shall receive $9 for each day�s service rendered pursuant to ORS 98.160 to 98.230; and a constable or sheriff shall receive the same fees as are allowed by law for sales upon an execution, and 50 cents a folio for making an inventory of property. [Amended by 1963 c.228 �4; 1965 c.619 �33]

UNCLAIMED PROPERTY IN POSSESSION OF LAW ENFORCEMENT AGENCY

�� 98.245 Disposition of unclaimed property; notice of pending disposition; procedure. (1) As used in this section:

�� (a) �Removing authority� means a sheriff�s office, a municipal police department, a state police office, the Department of Corrections, a law enforcement agency created by intergovernmental agreement or a port as defined in ORS 777.005 or 778.005.

�� (b) �Unclaimed property� means personal property that was seized by a removing authority as evidence, abandoned property, found property or stolen property, and that has remained in the physical possession of that removing authority for a period of more than 60 days following conclusion of all criminal actions related to the seizure of the evidence, abandoned property, found property or stolen property, or conclusion of the investigation if no criminal action is filed.

�� (2) Notwithstanding ORS 98.302 to 98.436, and in addition to any other method provided by law, a removing authority may dispose of unclaimed property as follows:

�� (a) An inventory describing the unclaimed property shall be prepared by the removing authority.

�� (b) The removing authority shall publish a notice of intent to dispose of the unclaimed property described in the inventory prepared pursuant to paragraph (a) of this subsection. The notice shall be posted in three public places in the jurisdiction of the removing authority, and shall also be published in a newspaper of general circulation in the jurisdiction of the removing authority. The notice shall include a description of the unclaimed property as provided in the inventory, the address and telephone number of the removing authority and a statement in substantially the following form:

NOTICE

�� The (removing authority) has in its physical possession the unclaimed personal property described below. If you have any ownership interest in any of that unclaimed property, you must file a claim with the (removing authority) within 30 days from the date of publication of this notice, or you will lose your interest in that property.

�� (c) A copy of the notice described in paragraph (b) of this subsection shall also be sent to any person that the removing authority has reason to believe has an ownership or security interest in any of the unclaimed property described in the notice. A notice sent pursuant to this paragraph shall be sent by regular mail to the last known address of the person.

�� (d) Prior to the expiration of the time period stated in a notice issued pursuant to this section, a person may file a claim that presents proof satisfactory to the removing authority issuing the notice that the person is the lawful owner or security interest holder of any property described in that notice. The removing authority shall then return the property to that person.

�� (e) If a removing authority fails to return property to a person that has timely filed a claim pursuant to paragraph (d) of this subsection, the person may file, within 30 days of the date of the failure to return the property, a petition seeking return of the property to the person. The petition shall be filed in the circuit court for the county in which the removing authority is located. If one or more petitions are filed, the removing authority shall hold the property pending receipt of an order of the court directing disposition of the property or dismissing the petition or petitions with prejudice. If the court grants the petition, the removing authority shall turn the unclaimed property over to the petitioner in accordance with the order.

�� (f) Unless the removing authority or court upholds the claim or petition under paragraph (d) or (e) of this subsection, title to all unclaimed property described in a notice issued pursuant to this section shall pass to the removing authority free of any interest or encumbrance thereon in favor of any person who has:

�� (A) A security interest in the property and to whom the removing authority mailed a copy of the notice described in paragraph (b) of this subsection in accordance with paragraph (c) of this subsection; or

�� (B) Any ownership interest in the property.

�� (g) The removing authority may transfer good and sufficient title to any subsequent purchaser or transferee, and the title shall be recognized by all courts and governmental agencies. Any department, agency or officer of the state or any political subdivision whose official functions include the issuance of certificates or other evidence of title shall be immune from civil or criminal liability when such issuance is pursuant to a bill of sale issued by the removing authority. [1997 c.480 �2; 2003 c.693 �13; 2021 c.206 �7]

�� 98.260 [1967 c.181 �3; repealed by 1985 c.336 �1]

�� 98.270 [1967 c.181 �1; repealed by 1985 c.336 �1]

�� 98.280 [1967 c.181 �2; repealed by 1985 c.336 �1]

UNIFORM DISPOSITION OF

UNCLAIMED PROPERTY ACT

�� 98.302 Definitions. As used in ORS 98.302 to 98.436 and 98.992, unless the context otherwise requires:

�� (1) �Apparent owner� means the person whose name appears on the records of the holder as the person entitled to property held, issued or owing by the holder.

�� (2) �Business association� means a nonpublic corporation, joint stock company, business trust, partnership, investment company or an association for business purposes of two or more individuals, whether or not for profit, including a financial institution, insurance company or utility.

�� (3)(a) �Digital asset� means any digital representation used as a medium of exchange or store of value that is recorded on a cryptographically secured distributed ledger or any similar technology, without regard to whether each individual transaction involving that digital asset is actually recorded on that ledger, and that is not fiat currency.

�� (b) �Digital asset� does not include:

�� (A) The software or protocols governing the transfer of the digital representation of value;

�� (B) Game-related digital content; or

�� (C) A loyalty or gift card.

�� (4) �Domicile� means the state of incorporation of a corporation and the state of the principal place of business of an unincorporated person.

�� (5) �Financial institution� means a financial institution or a trust company, as those terms are defined in ORS 706.008, a safe deposit company, a private banker, a savings and loan association, a building and loan association or an investment company.

�� (6) �Holder� means a person, wherever organized or domiciled, who is in possession of property belonging to another, a trustee or indebted to another on an obligation.

�� (7) �Insurance company� means an association, corporation, fraternal or mutual benefit organization, whether or not for profit, that is engaged in providing insurance coverage, including accident, burial, casualty, workers� compensation, credit life, contract performance, dental, fidelity, fire, health, hospitalization, illness, life (including endowments and annuities), malpractice, marine, mortgage, surety and wage protection insurance.

�� (8) �Intangible property� includes:

�� (a) Credit balances, customer overpayments, security deposits, refunds, credit memos, unpaid wages, unused airline tickets and unidentified remittances;

�� (b) Stocks and other intangible ownership interests in business associations;

�� (c) Moneys deposited to redeem stocks, bonds, coupons, and other securities, or to make distributions;

�� (d) Amounts due and payable under the terms of insurance policies;

�� (e) Amounts distributed from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance or similar benefits;

�� (f) Moneys, checks, drafts, deposits, interest, dividends and income; and

�� (g) Digital assets.

�� (9) �Last-known address� means any description, code or other indication of the location of the apparent owner which identifies a state, even if the description, code or indication of location is not sufficient to direct the delivery of first-class United States mail to the apparent owner.

�� (10) �Lawful deduction� means a deduction related to the purpose of an account or deposit, for example, to satisfy unpaid utility bills.

�� (11) �Owner� means a depositor in case of a deposit, a beneficiary in case of a trust other than a deposit in trust, a creditor, claimant, or payee in case of other intangible property, or a person, or the person�s legal representative, having a legal or equitable interest in property.

�� (12)(a) �Owner contact� means documented contact between an owner and a holder regarding property that is presumed abandoned that is generated or initiated by the owner, including, without limitation:

�� (A) The owner responding to outreach by the holder regarding the property;

�� (B) The owner taking actions regarding the property;

�� (C) The owner conducting a transaction regarding the property or an account in which the property is held, including deposits into or withdrawals from the account;

�� (D) The owner conducting any activity, including logging in, with respect to an account in which the property is held or another account owned by the owner and held by the holder; and

�� (E) The owner taking any other action that reasonably demonstrates to the holder that the owner knows that the property exists.

�� (b) �Owner contact� does not include automated, recurring or prescheduled credit or debit transactions.

�� (13) �Person� means an individual, business association, state or other government or political subdivision or agency, public corporation, public authority, two or more persons having a joint or common interest, or any other legal or commercial entity.

�� (14) �Service charge� means fees or charges that are limited to a specific situation and that meet basic contractual and notice requirements.

�� (15) �State� means any state, district, commonwealth, territory, insular possession or any other area subject to the legislative authority of the United States.

�� (16) �Utility� means a person who owns or operates for public use, any plant, equipment, property, franchise or license for the transmission of communications or the production, storage, transmission, sale, delivery or furnishing of electricity, water, steam or gas. [1957 c.670 �3; 1983 c.716 �1; 1993 c.694 �40; 1997 c.416 �1; 1997 c.631 �396; 2003 c.272 �1; 2009 c.294 �14; 2019 c.678 �7; 2025 c.463 �8]

�� 98.304 Intangible property subject to custody of state. Unless otherwise provided in ORS

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)