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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 19 MISCELLANEOUS MATTERS RELATED TO GOVERNMENT AND PUBLIC AFFAIRS
Chapter : Chapter 193 Legal Notices
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As used in this
section and in ORS 193.020:
(1) “Bona fide subscriber” means a person who has been a paid
subscriber for an uninterrupted period of 12 months, such subscription in
no case to be over six months in arrears.
(2) “Newspaper” means a newspaper of general circulation, published
in the English language for the dissemination of local or transmitted
news or for the dissemination of legal news, made up of at least four
pages of at least five columns each, with type matter of a depth of at
least 14 inches, or, if smaller pages, then comprising an equivalent
amount of type matter, which has bona fide subscribers representing more
than half of the total distribution of copies circulated, or distribution
verified by an independent circulation auditing firm, and which has been
established and regularly and uninterruptedly published at least once a
week during a period of at least 12 consecutive months immediately
preceding the first publication of the public notice. Interrupted
publication because of labor-management disputes, fire, flood or the
elements for a period not to exceed 120 days, either before or after a
newspaper is qualified for publication of public notices, shall not
(1) Any
public notice of any description, the publication of which is now or
hereafter required by law, shall be published in any newspaper, as
defined in ORS 193.010, which is published within the county, city of
which any part lies within that county, city, district or other
jurisdiction where the action, suit or other proceeding is pending, or is
to be commenced or had, or in which the legal publication is required to
be given.
(2) If publication in only one newspaper is required by law, and if
more than one newspaper fulfills the requirements of subsection (1) of
this section, the public notice shall be published in that newspaper
which the moving party considers best suited to give actual notice.
However, nothing in this subsection prohibits the publication in more
than one newspaper if desired by the moving party.
(3) If no newspaper is published within the county, city, district
or jurisdiction where the action, suit or other proceeding is pending, or
is to be commenced or had, or in which the legal publication is required
to be given, public notice shall be published in:
(a) The newspaper published nearest to such county, city, district
or jurisdiction; or
(b) Any publication that is published in such county, city,
district or jurisdiction and that satisfies all the requirements for
being a newspaper except that it is published less than once a week but
not less than once a month.
(4) If more than one newspaper or publication fulfills the
requirements of subsection (3) of this section, the public notice shall
be published in that newspaper or publication which the moving party
considers most effective for providing actual notice. [Amended by 1963
c.432 §1; 1979 c.760 §2; 1983 c.831 §1]Legal advertisements and notices for irrigation
districts and road districts, the publication of which is now required by
law, shall be published in a newspaper within the district; and if there
is no newspaper in the district, in the newspaper nearest to the district
affected. [Amended by 1973 c.57 §3] Where publication
of any form of notice for successive or consecutive days in a daily paper
is provided for by statute, the publication of such notice on weekdays is
a full compliance with such statute. Whenever any notice, information or
intelligence, written or otherwise, is required to be given, the same may
be given by telegraph. The dispatch containing the same shall be
delivered to the person entitled thereto, or to the agent or attorney of
the person. Notice by telegraph is actual notice. The time for the
publication of legal notices shall be computed so as to exclude the first
day of publication and to include the day on which the act or event of
which notice is given is to happen, or which completes the full period
required for publication. Proof of publication of a document or
notice required by law, or by an order of a court or judge, to be
published in a newspaper, may be made by the affidavit of the owner,
editor, publisher, manager or advertising manager of the newspaper or the
principal clerk of any of them, or the printer or the foreman of the
printer, showing the same. The affidavit may be in substantially the form
set forth in ORCP 7 F(2)(b) and shall have annexed a copy of the document
or notice. [Amended by 1979 c.284 §122]If an affidavit of publication is made in an action, suit or
proceeding pending in a court, it may be filed with the clerk thereof; if
not so made, it may be filed with the county clerk of the county where
the newspaper is printed. In either case, the original affidavit, or if
the same is filed with the clerk, a copy thereof, duly certified, is
primary evidence of the facts stated therein. [Amended by 1993 c.223 §6] (1) The compensation for the
publication of all public notices which are now or hereafter required by
law to be published shall be at a rate not to exceed that published by a
newspaper as its open display advertising rate, that is, the per column
inch rate charged local advertisers not under contract to a newspaper for
a fixed rate or minimum quantity of advertising. However, a newspaper
shall grant its customary discounts or contractual rates to the county,
city, district or other jurisdiction which fulfills the requirements
necessary to qualify for the discounts or contractual rates.
(2) The published size of all public notices shall be determined by
the person authorizing publication of the public notice, but shall be
designed to afford the public reasonable ease in reading the information
contained therein. Any public notice which must be typeset by the
newspaper shall be in a type size no smaller than that used by that
newspaper in its regular classified advertising columns, with spacing
between lines and copy blocks commensurate with similar type matter.
[Amended by 1963 c.576 §36; 1963 c.623 §1; 1971 c.295 §1; 1979 c.760 §3]
When any law or notice is published in any newspaper of this state, by
virtue of any law authorizing any state officer to direct such
publication at the expense of the state, all charges for such publication
shall be paid as provided in ORS 293.295 to 293.462. The Oregon
Department of Administrative Services shall draw a warrant upon the State
Treasurer therefor, specifying the account upon which the warrant is
drawn. The treasurer shall pay the same in like manner as other
appropriations are paid. [Amended by 1983 c.740 §47]RADIO AND TELEVISION BROADCASTS As used in ORS
193.310 to 193.360, unless the context requires otherwise:
(1) “Broadcast” means the transmission of information by means of
radio or television facilities.
(2) “Notice” means any notice that is required by law to be
published.
(3) “Station” means any radio or television station licensed for
commercial operation by the Federal Communications Commission. [1967 c.63
§1; 1979 c.190 §401](1) Any state or other public officer who is required by law
to publish any notice may supplement publication thereof by causing such
notice or a concise summary or description thereof to be broadcast at
such times and with such frequency as the public officer determines
suitable when, in the judgment of the public officer, the public interest
is served thereby.
(2) Notices by political subdivisions of this state, cities,
municipal and quasi-municipal corporations, special districts and other
public agencies shall be made only by stations whose primary broadcast
coverage encompasses the county or counties in which the notice is
required to be given. [1967 c.63 §3](1) In the broadcast of the notice or
material under ORS 193.310 to 193.360 and 251.295, no reference by name
to any person who is a candidate for elective public office at the time
of the broadcast shall be made.
(2) Each station that broadcasts any notice or material under ORS
193.310 to 193.360 and 251.295 shall retain at its office a copy or
transcription of the text of the notice or material as broadcast for a
period of six months after the broadcast. The copy or transcript shall be
available for public inspection at reasonable times. [1967 c.63 §4] Proof of publication of the notice or
other material under ORS 193.310 to 193.360 and 251.295 shall be by
affidavit of the owner, manager, assistant manager or program director of
the station, in substantially the following form:
___________________________________________________________________________
___
AFFIDAVIT OF BROADCASTState of Oregon, )
) ss.
County of______ )I, _____, being first duly sworn, depose and say that I am the
owner, manager, assistant manager or program director of station_____, a
radio (television) station broadcasting from _____ in the aforesaid
county and state; that the notice (or other material) described as _____
was broadcast on the following days: (here set forth dates and times when
the same was broadcast).________Subscribed and sworn to before me _____ (Month) ___ (Day), 2___.________Notary Public for Oregon
My commission expires: ______
___________________________________________________________________________
___ [1967 c.63 §5] All public officials
performing functions under ORS 193.310 to 193.360 and 255.510 shall
select stations that best assure effective publicity for the notice or
material being broadcast, based on the nature of the notice or material
being broadcast. [1967 c.63 §6] When
any broadcast is made by order of a state officer where publication of
the same notice is made at the expense of the state, all charges for the
broadcast shall be paid as provided in ORS 293.295 to 293.462. The Oregon
Department of Administrative Services shall draw a warrant upon the State
Treasurer therefor, specifying the account upon which the warrant is
drawn. The treasurer shall pay the amount in the same manner as other
amounts owed by the state are paid. [1967 c.63 §7; 1983 c.740 §48]
_______________
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