USA Statutes : oregon
Title : TITLE 18 EXECUTIVE BRANCH; ORGANIZATION
Chapter : Chapter 182 State Administrative Agencies
Any member of a state
board or commission appointed by the Governor who fails to attend two
consecutive meetings of the board or commission, whether regular,
adjourned or special, shall forfeit office unless the member is prevented
from attending by the serious illness of a member or the family of the
member or for any other cause that in the judgment of the Governor
constitutes a valid reason for failing to attend. The Governor shall
immediately appoint a successor.The secretary or clerk of every state board and commission
shall:

(1) Give the members of the board or commission at least 10 days'
notice, in writing, of the date and place of each regular, adjourned or
special meeting.

(2) Report to the Governor the names of all members who fail to
attend any meeting of the board or commission.(1) No state
department, board or commission shall knowingly employ any person who
either directly or indirectly carries on, advocates, teaches, justifies,
aids or abets a program of sabotage, force and violence, sedition or
treason against the Government of the United States or of the State of
Oregon.

(2) Any person employed by any state department, board or
commission shall immediately be discharged from employment when it
becomes known to the appointing employer that such person has, during the
period of employment, committed any offense set forth in subsection (1)
of this section.

(3) Any person denied employment or discharged pursuant to this
section shall have a right of appeal in accordance with the provisions of
the State Personnel Relations Law.(1) All state boards and commissions that are supported by
fees, fines, licenses or taxes or other forms of income not derived from
a direct tax on tangible property shall pay the various counties of the
State of Oregon the same fees required of others for services rendered.

(2) ORS 182.040 to 182.060 do not apply to:

(a) Except for those fees required in ORS 205.320, services
rendered for the Bureau of Labor and Industries on wage claims assigned
to it for collection.

(b) Any of the provisions or requirements of ORS 21.310, 52.410 to
52.440, 156.160, 205.360 and 205.370. [Amended by 1965 c.619 §35; 1967
c.398 §8; 1973 c.381 §7; 1981 s.s. c.3 §97; 1985 c.496 §25; 1999 c.803 §3] No state board or
commission affected by the provisions of ORS 182.040 and 182.060 shall be
required at the time of ordering the performance of any services for
which a fee or charge may be collected by the county to pay the
collectible fee or charge in advance or at the time the services are
rendered. The county clerk or other officer performing the service, upon
request made by the board or commission, shall charge to the board or
commission the amount of the fee or charge, and thereafter on the first
days of January, April, July and October of each calendar year supply to
the board or commission an itemized statement of all services performed
upon order of the board or commission for the three months preceding,
together with the legal charge collectible therefor. The board or
commission, upon receipt of the statement, promptly shall pay the amount
due the county.When requested by a state board or
commission, the county clerk shall record in the office of the clerk any
instrument affecting real property and shall return to the board or
commission a receipt for the instrument showing the legal charge for the
recording of the instrument. [Amended by 1999 c.654 §12](1) The repeal of a statute
or the deletion by amendment of a part thereof that granted or conferred
power to any state officer, board, commission, corporation, institution,
department, agency or other state organization to collect, receive and
expend moneys for or on behalf of the state or for any purpose authorized
by law does not affect or impair any act done, or right accruing, accrued
or acquired, or liability, or obligation to pay the state a license or
other fee, or payment exacted or required by law to be made or authorized
by the repealed or amended statute and the rules, regulations and orders,
if any, promulgated thereunder and in effect at the time of the repeal or
amendment, unless otherwise specifically provided by law. In the event of
such repeal or amendment of a statute, the Secretary of State may
determine, collect and disburse any moneys due the state, or payable by
or through the state, representing such license or other fee, or payment
exacted or required by law in accordance with the provisions of such
repealed or amended statute and such rules, regulations and orders
promulgated thereunder, and as otherwise provided by law, in order to
secure the full force, effect and operation of such statute up to the
time of its repeal or amendment, but not thereafter.

(2) Upon repeal or amendment of a statute as described in
subsection (1) of this section, so much as may be necessary, and no more,
of the balance in the General Fund appropriated for the use, operation
and function of the state officer, board, commission, corporation,
institution, department, agency or other state organization is
transferred to the Secretary of State for the payment of all expenses
incurred by the Secretary of State in winding up and concluding
administration of the repealed or amended statute, as authorized in
subsection (1) of this section. If the balance of the unexpended
appropriation is insufficient to cover the costs and expenses of the
Secretary of State in administering and concluding the operation of the
repealed or amended statute, the secretary may request transfer or
appropriation of any funds, accounts and receipts belonging to the state
in the custody or control of such state officer, board, commission,
corporation, institution, department, agency or other state organization,
to cover in full the costs of winding up and concluding the
(1) In any civil
judicial proceeding involving as adverse parties a state agency, as
defined in ORS 291.002, and a petitioner, the court shall award the
petitioner reasonable attorney fees and reasonable expenses if the court
finds in favor of the petitioner and also finds that the state agency
acted without a reasonable basis in fact or in law.

(2) Amounts allowed under this section for reasonable attorney fees
and expenses shall be paid from funds available to the state agency. The
court may withhold all or part of the attorney fees from any award to a
petitioner if the court finds that the state agency has proved that its
action was substantially justified or that special circumstances exist
which make the award of all or a portion of the attorney fees unjust.

(3) As used in this section, "civil judicial proceeding" means any
proceeding, other than a criminal proceeding as defined in ORS 131.005
(7), conducted before a court of this state. [1981 c.871 §2; 1983 c.763
§61]

     


(1) It is declared to be the policy of Oregon that this state shall be a
leader in affirmative action. All appointive authorities for state
boards, commissions and advisory bodies shall implement this policy of
affirmative action in their appointments, subject to the legal
requirements for each appointment.

(2) The Director of Affirmative Action shall assist all persons who
have appointing authority at the state level for boards, commissions or
advisory bodies in carrying out the state policy stated in subsection (1)
of this section and ORS 236.115.

(3) As used in this section, "affirmative action" means a method of
eliminating the effects of past and present discrimination, intended or
unintended, on the basis of race, religion, national origin, age, sex,
marital status or physical or mental disabilities, that are evident or
indicated by analysis of present appointment patterns, practices and
policies. [1981 c.255 §1; 1989 c.224 §10; 1997 c.539 §2]

     

Any state agency may provide information to
employers concerning the tax benefits of providing child care, as defined
in ORS 657A.250, under an employee benefit plan. [1985 c.753 §5; 1995
c.278 §28]In carrying out the policies stated in ORS 410.710, state
agencies shall:

(1) Review their rules and policies and may revise them as
necessary to reflect a positive approach to persons with disabilities.

(2) Encourage and promote education of state employees, state
officials and the public in general about the worth and capacity of
persons with disabilities.

(3) In all state correspondence and publications, avoid the use of
stereotypes and negative labels such as "victim," "afflicted," "crippled"
and "handicapped" except as such terms as required by statute or federal
law and regulation.

(4) Use the preferred and more positive term "person with
disabilities" instead of "disabled person," "handicapped" or other
negative words except as such terms as required by statute or federal law
and regulation.

(5) In implementing subsections (1) to (4) of this section, develop
and seek input regarding terminology and portrayal of persons with
disabilities from persons who have disabilities and their advocates.

(6) Foster corrective measures and avoid stereotypes and negative
labeling in texts used by schools, newspapers, magazines, radio and
television by encouraging review and analysis of these media by
publishers, company owners or appropriate agencies.

(7) Use the term "person with disabilities" to the extent
consistent with state and federal law in rules adopted on or after
January 1, 2006. [1989 c.224 §2; 2005 c.411 §2]

     

A state agency, as defined in ORS 279A.250, authorized by law to
acquire real or personal property or any interest therein shall take
title to the property or the interest therein in the name of the State of
Oregon. [2003 c.794 §192]Note: 182.112 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 182 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.

          

INFORMATION SYSTEMS SECURITY(1) As used in this section:

(a) "Executive department" has the meaning given that term in ORS
174.112.

(b) "Information systems" means computers, hardware, software,
storage media, networks, operational procedures and processes used in the
collection, processing, storage, sharing or distribution of information
within, or with any access beyond ordinary public access to, the state's
shared computing and network infrastructure.

(2) The Oregon Department of Administrative Services has
responsibility for and authority over information systems security in the
executive department, including taking all measures reasonably necessary
to protect the availability, integrity or confidentiality of information
systems or the information stored in information systems. The Oregon
Department of Administrative Services shall, after consultation and
collaborative development with agencies, establish a state information
systems security plan and associated standards, policies and procedures.

(3) The Oregon Department of Administrative Services, in its sole
discretion, shall:

(a) Review and verify the security of information systems operated
by or on behalf of agencies;

(b) Monitor state network traffic to identify and react to security
threats; and

(c) Conduct vulnerability assessments of agency information systems
for the purpose of evaluating and responding to the susceptibility of
information systems to attack, disruption or any other event that
threatens the availability, integrity or confidentiality of information
systems or the information stored in information systems.

(4) The Oregon Department of Administrative Services shall contract
with qualified, independent consultants for the purpose of conducting
vulnerability assessments under subsection (3) of this section.

(5) In collaboration with agencies, the Oregon Department of
Administrative Services shall develop and implement policies for
responding to events that damage or threaten the availability, integrity
or confidentiality of information systems or the information stored in
information systems, whether those systems are within, interoperable with
or outside the state's shared computing and network infrastructure. In
the policies, the department shall prescribe actions reasonably necessary
to:

(a) Promptly assemble and deploy in a coordinated manner the
expertise, tools and methodologies required to prevent or mitigate the
damage caused or threatened by an event;

(b) Promptly alert other persons of the event and of the actions
reasonably necessary to prevent or mitigate the damage caused or
threatened by the event;

(c) Implement forensic techniques and controls developed under
subsection (6) of this section;

(d) Evaluate the event for the purpose of possible improvements to
the security of information systems; and

(e) Communicate and share information with agencies, using
preexisting incident response capabilities.

(6) After consultation and collaborative development with agencies,
the Oregon Department of Administrative Services shall implement forensic
techniques and controls for the security of information systems, whether
those systems are within, interoperable with or outside the state's
shared computing and network infrastructure. The techniques and controls
must include the use of specialized expertise, tools and methodologies,
to investigate events that damage or threaten the availability, integrity
or confidentiality of information systems or the information stored in
information systems. The department shall consult with the Oregon State
Police, the Office of Emergency Management, the Governor and others as
necessary in developing forensic techniques and controls under this
section.

(7) The Oregon Department of Administrative Services shall ensure
that reasonably appropriate remedial actions are undertaken when the
department finds that such actions are reasonably necessary by reason of
vulnerability assessments of information systems under subsection (3) of
this section, evaluation of events under subsection (5) of this section
and other evaluations and audits.

(8)(a) Agencies are responsible for the security of computers,
hardware, software, storage media, networks, operational procedures and
processes used in the collection, processing, storage, sharing or
distribution of information outside the state's shared computing and
network infrastructure following information security standards, policies
and procedures established by the Oregon Department of Administrative
Services and developed collaboratively with agencies. Agencies may
establish plans, standards and measures that are more stringent than the
standards established by the department to address specific agency needs
if those plans, standards and measures do not contradict or contravene
the state information systems security plan. Independent agency security
plans shall be developed within the framework of the state information
systems security plan.

(b) An agency shall report the results of any vulnerability
assessment, evaluation or audit conducted by the agency to the department
for the purposes of consolidating statewide security reporting and, when
appropriate, to prompt a state incident response.

(9) This section does not apply to:

(a) Research and student computer systems used by or in conjunction
with the State Board of Higher Education or any state institution of
higher education within the Oregon University System; and

(b)(A) Gaming systems and networks operated by the Oregon State
Lottery or its contractors; or

(B) The results of Oregon State Lottery reviews, evaluations and
vulnerability assessments of computer systems outside the state's shared
computing and network infrastructure.

(10) The Oregon Department of Administrative Services shall adopt
rules to carry out its responsibilities under this section. [2005 c.739
§1]Note: 182.122 and 182.124 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 182 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.(1) Notwithstanding ORS 182.122, the
Secretary of State, the State Treasurer and the Attorney General have
sole discretion and authority over information systems security in their
respective agencies, including taking all measures reasonably necessary
to protect the availability, integrity or confidentiality of information
systems or the information stored in information systems.

(2) The Secretary of State, the State Treasurer and the Attorney
General shall each establish an information systems security plan and
associated standards, policies and procedures in collaboration with the
Oregon Department of Administrative Services as provided in ORS 182.122.

(3) The plan established under subsection (2) of this section, at a
minimum, must:

(a) Be compatible with the state information systems security plan
and associated standards, policies and procedures established by the
department under ORS 182.122 (2);

(b) Assign responsibility for:

(A) Reviewing, monitoring and verifying the security of the
agency's information systems; and

(B) Conducting vulnerability assessments of information systems for
the purpose of evaluating and responding to the susceptibility of
information systems to attack, disruption or any other event that
threatens the availability, integrity or confidentiality of information
systems or the information stored in information systems;

(c) Contain policies for responding to events that damage or
threaten the availability, integrity or confidentiality of information
systems or the information stored in information systems, whether those
systems are within, interoperable with or outside the state's shared
computing and network infrastructure;

(d) Prescribe actions reasonably necessary to:

(A) Promptly assemble and deploy in a coordinated manner the
expertise, tools and methodologies required to prevent or mitigate the
damage caused or threatened by an event;

(B) Promptly alert other persons of the event and of the actions
reasonably necessary to prevent or mitigate the damage caused or
threatened by the event;

(C) Implement forensic techniques and controls developed under
paragraph (e) of this subsection;

(D) Evaluate the event for the purpose of possible improvements to
the security of information systems; and

(E) Communicate and share information with agencies, using
preexisting incident response capabilities; and

(e) Describe and implement forensic techniques and controls for the
security of information systems, whether those systems are within,
interoperable with or outside the state's shared computing and network
infrastructure, including the use of specialized expertise, tools and
methodologies, to investigate events that damage or threaten the
availability, integrity or confidentiality of information systems or the
information stored in information systems.

(4) The Secretary of State, the State Treasurer and the Attorney
General shall participate in the planning process conducted by the
department under ORS 182.122 (2).

(5) If a joint information systems security plan and associated
operational standards and policies cannot be agreed upon by the Oregon
Department of Administrative Services and a statewide elected official
named in subsection (1) of this section, the department may take steps
reasonably necessary to condition, limit or preclude electronic traffic
or other vulnerabilities between information systems for which the
official has authority under subsection (1) of this section and the
information systems for which the department has authority under ORS
182.122 (2). [2005 c.739 §2]Note: See note under 182.122.Note: Section 3, chapter 739, Oregon Laws 2005, provides:

Sec. 3. The Secretary of State, the State Treasurer and the
Attorney General shall establish the initial plans required by section 2
(2) of this 2005 Act [182.124 (2)] no later than January 1, 2007. [2005
c.739 §3]

                         

IMPACT OF STATE AGENCY ACTION ON FAMILIES In
formulating and implementing policies and rules that may have significant
impact on family formation, maintenance and general well-being, all state
agencies in Oregon shall, to the extent permitted by law, assess such
measures in light of the following considerations:

(1) If the action by the government strengthens or erodes the
stability of the family and, particularly, the marital commitment;

(2) If the action strengthens or erodes the authority and rights of
the parents in the education, nurture and supervision of their children;

(3) If the action helps the family perform its functions, or if the
action substitutes governmental activity for the function;

(4) If the action by the government increases or decreases family
earnings and if the proposed benefits of the action justify the impact on
the family budget;

(5) If the activity can be carried out by a lower level of
government or by the family itself;

(6) The message, intended or otherwise, the program sends to the
public concerning the status of the family; and

(7) The message the action sends to young people concerning the
relationship between their behavior, their personal responsibility and
the norms of our society. [1999 c.523 §1]Note: 182.151 and 182.152 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 182 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.ORS 182.151 is intended to
improve the internal management of state agencies in Oregon and is not
intended to create any right or benefit, substantive or procedural,
enforceable at law by a party against the State of Oregon, its agencies,
its officers or any person. [1999 c.523 §2]Note: See note under 182.151.RELATIONSHIP OF STATE AGENCIES WITH INDIAN TRIBES As used in ORS
182.162 to 182.168:

(1) "State agency" has the meaning given that term in ORS 358.635.

(2) "Tribe" means a federally recognized Indian tribe in Oregon.
[2001 c.177 §1]Note: 182.162 to 182.168 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 182 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.(1) A state agency
shall develop and implement a policy that:

(a) Identifies individuals in the state agency who are responsible
for developing and implementing programs of the state agency that affect
tribes.

(b) Establishes a process to identify the programs of the state
agency that affect tribes.

(c) Promotes communication between the state agency and tribes.

(d) Promotes positive government-to-government relations between
the state and tribes.

(e) Establishes a method for notifying employees of the state
agency of the provisions of ORS 182.162 to 182.168 and the policy the
state agency adopts under this section.

(2) In the process of identifying and developing the programs of
the state agency that affect tribes, a state agency shall include
representatives designated by the tribes.

(3) A state agency shall make a reasonable effort to cooperate with
tribes in the development and implementation of programs of the state
agency that affect tribes, including the use of agreements authorized by
ORS 190.110. [2001 c.177 §2]Note: See note under 182.162.(1) At least once a year,
the Oregon Department of Administrative Services, in consultation with
the Commission on Indian Services, shall provide training to state agency
managers and employees who have regular communication with tribes on the
legal status of tribes, the legal rights of members of tribes and issues
of concern to tribes.

(2) Once a year, the Governor shall convene a meeting at which
representatives of state agencies and tribes may work together to achieve
mutual goals.

(3) No later than December 15 of every year, a state agency shall
submit a report to the Governor and to the Commission on Indian Services
on the activities of the state agency under ORS 182.162 to 182.168. The
report shall include:

(a) The policy the state agency adopted under ORS 182.164.

(b) The names of the individuals in the state agency who are
responsible for developing and implementing programs of the state agency
that affect tribes.

(c) The process the state agency established to identify the
programs of the state agency that affect tribes.

(d) The efforts of the state agency to promote communication
between the state agency and tribes and government-to-government
relations between the state and tribes.

(e) A description of the training required by subsection (1) of
this section.

(f) The method the state agency established for notifying employees
of the state agency of the provisions of ORS 182.162 to 182.168 and the
policy the state agency adopts under ORS 182.164. [2001 c.177 §3]Note: See note under 182.162.
Nothing in ORS 182.162 to 182.168 creates a right of action against a
state agency or a right of review of an action of a state agency. [2001
c.177 §4]Note: See note under 182.162.

               

EMPLOYEE SUGGESTION PROGRAM(Generally) As used in ORS
182.310 to 182.360:

(1) "Commission" means the Employee Suggestion Awards Commission.

(2) "Employee suggestion program" means the program developed by
the commission under ORS 182.320 (3).

(3) "Secretary" means the secretary of the employee suggestion
program. [1959 c.616 §1; 1989 c.815 §2; 1993 c.724 §25]
(1) There is established the Employee Suggestion Awards Commission
consisting of seven members appointed by the Governor. At least two
members shall be public employees, as defined by ORS 243.650. The term of
office is three years, beginning July 1. Members may be reappointed.
Members serve at the pleasure of the Governor.

(2) The members of the commission shall elect annually one member
as chairperson. The Director of the Oregon Department of Administrative
Services shall appoint a state officer or employee to serve as secretary
of the employee suggestion program. The commission members shall serve
without compensation.

(3) The commission shall formulate, establish and maintain an
employee suggestion program to encourage and reward meritorious
suggestions by state employees that will promote effectiveness,
efficiency and economy in the performance of any function of state
government.

(4) The secretary, with the approval of the commission, shall adopt
rules necessary or appropriate for the proper administration of ORS
182.310 to 182.360. [1957 c.616 §2; 1965 c.9 §1; 1989 c.815 §3; 1993
c.724 §26; 1995 c.286 §17; 2001 c.30 §1] The Employee Suggestion
Awards Commission shall make the final determination as to whether an
employee suggestion award will be made. Subject to the rules adopted
pursuant to ORS 182.320, the commission shall determine the nature and
extent of the award. [1957 c.616 §3; 1993 c.724 §27]

          

(1) The costs arising out of the employee suggestion awards
under ORS 182.310 to 182.360 shall be paid in the following manner:

(a) For awards to employees not eligible for cash awards, the cost
shall be added to and collected with the expenses and costs of operating
the Personnel Division of the Oregon Department of Administrative
Services collected under ORS 240.165.

(b) For any cash award for a suggestion having multiagency effect,
as determined by the Employee Suggestion Awards Commission, and for which
the commission cannot identify the cost savings realized or to be
realized by the agencies as a result of implementation of the suggestion,
the cost shall be added to and collected with the expenses and costs of
operating the Personnel Division collected under ORS 240.165.

(c) If the commission is able to identify the agency or agencies
that have realized or will realize cash savings as a result of
implementation of a suggestion, the cost of any cash award shall be paid
by the affected agency or agencies from savings realized or to be
realized by implementation of the suggestion. For suggestions with
multiagency effect, the commission shall determine the portion of the
award total to be contributed by each agency.

(d) For administrative expenses of the Personnel Division incurred
in administering ORS 182.310 to 182.400, the expenses shall be added to
and collected with the expenses and costs of operating the Personnel
Division collected under ORS 240.165.

(2) Vouchers for awards described in subsection (1)(a) and (b) of
this section and administrative expenses described in subsection (1)(d)
of this section shall be prepared by the Administrator of the Personnel
Division payable from the Oregon Department of Administrative Services
Operating Fund. Vouchers for awards described in subsection (1)(c) of
this section shall be drawn by the appropriate agency. All vouchers shall
be drawn upon certification of the chairperson or secretary of the
commission of the amount or cost of the award and the person to whom the
award has been made or the amount of the administrative expenses. [1957
c.616 §6; 1981 c.233 §1; 1993 c.724 §28; 1995 c.79 §58; 2005 c.22 §127](Productivity Improvement Programs)(1) The Legislative Assembly finds that it is in the public
interest to encourage and reward government efficiency and that the
present state budgeting system has developed inadequate mechanisms to
reward efficiency in government agencies and programs. The Legislative
Assembly further finds that it is in the public interest to establish a
program to reward efficiency and effectiveness in government agencies and
programs.

(2) As used in ORS 182.365 to 182.400:

(a) "Agency or unit" means any department, division, agency or
section or unit of any department, division or agency or unit, that has
an identifiable budget which may be separated from other budgets and for
which credit can be given.

(b) "Department" means the Oregon Department of Administrative
Services.

(c) "Director" means the Director of the Oregon Department of
Administrative Services. [1989 c.815 §1; 1993 c.724 §29](1) There is created in the State Treasury, separate and
distinct from the General Fund, an Oregon State Productivity Improvement
Revolving Fund. All moneys in the fund are appropriated continuously to
the Oregon Department of Administrative Services for making loans,
grants, matching funds or cash awards available to state agencies or
units for implementation of productivity improvement projects, including
training and workforce development, upon authorization of the department,
subject to ORS 243.650 to 243.782 when applicable. Interest on earnings
of the fund shall be credited to the fund.

(2) The Oregon State Productivity Improvement Revolving Fund shall
consist of:

(a) Moneys transferred from the Oregon Department of Administrative
Services Operating Fund, as provided in ORS 240.170, in a sum not to
exceed $500,000 to establish the fund.

(b) Savings realized from implementation of productivity
improvement projects that may include existing and future projects
authorized by the department.

(3) Fifty percent of the agency or unit budget savings resulting
from improved efficiency shall be credited to the Oregon State
Productivity Improvement Revolving Fund to be used for program
improvement by the agency or unit. If not used in the biennium in which
the savings occur, the amount of credit to an agency or unit may be
treated as if it were continuously appropriated to the agency or unit and
may be expended in the following biennium without resulting in any budget
justification for the agency or unit. Expenditures from the fund are not
subject to allotment or other budgetary procedures.

(4) None of the expenditures in a biennium by the agency or unit
under this section shall be considered to be within any appropriation or
expenditure limitation in the agency's base budget for the biennium.

(5) A productivity improvement project may include training and
employee development authorized by the department and intended to lead to
improved productivity.

(6) The department may require a different repayment schedule for
training and employee development than for other productivity improvement
projects.

(7) Agencies and units shall report to the department quarterly on
project implementation, savings realized to date, or projected, and
repayment of moneys to the fund. [1989 c.815 §5; 1991 c.385 §89; 1993
c.724 §30; 1995 c.79 §59; 2003 c.55 §3; 2003 c.794 §203] Fifty percent of
the agency or unit budget savings resulting from improved efficiency and
effectiveness shall be credited to the General Fund or, if the origin of
the agency or unit's funds is a dedicated fund or federal money, to the
fund or account of the agency or unit, to be used for the purposes of the
fund or account. [1989 c.815 §6; 1993 c.724 §31]In preparing its budget for the biennium following one in
which the state agency or unit credits any amount to the Oregon State
Productivity Improvement Revolving Fund, the agency or unit shall
identify any reduction in agency or unit expenses resulting from improved
efficiency. [1989 c.815 §7; 1993 c.724 §32] (1) In order to qualify for
credits under ORS 182.375 and 182.380, the agency or unit must present to
the Oregon Department of Administrative Services a plan for increased
efficiency resulting in budget savings and comply with the review
requirements developed by the department. The plan must be approved by
the Director of the Oregon Department of Administrative Services. Loans,
grants or matching funds authorized under ORS 182.375 shall not require
any increased funding or increases in an expenditure limitation and shall
not require legislative review.

(2) The plan required in subsection (1) of this section shall
include long-range objectives of each program, indicating in each case
where the agency or unit shall increase efficiency and cost savings
without a reduction in public services. The plan shall include reasons
for leaving current positions vacant, actual reductions in services and
supplies, travel and capital outlay and shall include a system to
evaluate the resulting accomplishments of each agency or unit. [1989
c.815 §8; 1993 c.724 §33] Any new programs
mandated by law, assigned to the agency or unit by the Oregon Department
of Administrative Services, or budgeted as additions to the base budget
or reduced level budget of the agency or unit shall not be eligible for
credit savings under ORS 182.365 to 182.400. [1989 c.815 §9; 1993 c.724
§34; 1995 c.79 §60] Prior to
January 1 of each odd-numbered year, the Oregon Department of
Administrative Services shall report to the Legislative Assembly on
activities of the productivity improvement program in the manner
prescribed in ORS 192.245. [1989 c.815 §10; 1993 c.724 §35]

RULES GOVERNING AGENCY-PROVIDED HOUSING As used in ORS
182.415 to 182.435 and 240.086 unless the context requires otherwise:

(1) "Furnishings" includes furniture usually used in connection
with occupancy of a household but does not include rugs, draperies,
range, refrigerator, washer, dryer or any item of furnishings received by
the state or one of its agencies as a gift, nor does it include any
furniture purchased for the state-owned residence required in relation to
the official duties of an institutional executive or the Chancellor of
the Department of Higher Education prior to September 9, 1971.

(2) "Housing" includes single and multiple family dwellings,
apartments, and manufactured dwellings and manufactured dwelling pads,
available on a monthly tenancy but does not include guard stations
maintained by the State Forestry Department or dormitory facilities at
any state institution or at any state institution of higher education.

(3) "Dormitory" includes any facility which houses students and
those facilities used primarily for sleeping purposes by the employees of
the Department of Human Services.

(4) "State agency" has the same meaning as in ORS 291.002. [1971
c.575 §1; 1977 c.583 §3; 1993 c.276 §1]

     

(1) Every state agency that provides housing for
its officers or employees shall collect a rental for such housing based
on the fair rental value as determined by a qualified appraiser certified
under ORS 308.010 or licensed or certified under ORS 674.310, subject to
any reductions therefrom authorized under ORS 182.435. Rentals collected
under this section shall be credited to the agency's account.

(2) No state agency shall provide furnishings as part of any
housing provided by the agency.

(3) Determinations of fair rental value shall be reexamined
periodically but not less frequently than once every five years and the
rental shall be adjusted annually by the change in real estate values,
for the affected community as determined by the state agency.

(4) Determination of the net rental of any employee-occupied
state-owned housing unit under subsections (1), (2) and (3) of this
section shall be considered a personnel action for purposes of ORS
240.086. [1971 c.575 §§2, 4; 1977 c.583 §4; 1993 c.276 §2] (1) Each
agency providing housing for its officers or employees may adopt a
schedule of reductions from the fair rental value taking into account all
pertinent factors including but not limited to:

(a) Isolation, for which a reduction of up to 20 percent of the
fair rental value may be allowed;

(b) Invasion of privacy, for which a reduction of up to 30 percent
of the fair rental value may be allowed;

(c) The agency's need in having its officers or employees occupying
housing in a specific location, for which a reduction of up to 50 percent
of fair rental value may be allowed; and

(d) Inequities between the fair rental value and the salary of the
officer or employee, for which an amount may be allowed that when added
to any other reductions corrects the inequity.

(2) Each agency providing housing shall prepare a report indicating
the fair rental value of each housing unit, the date of the most recent
appraisal and the amount of any reductions from fair rental value with
the reasons for the reductions. This report shall be available for public
inspection. [1971 c.575 §3; 1977 c.583 §5; 1993 c.276 §3]SEMI-INDEPENDENT STATE AGENCIES(Listing of Semi-Independent State Agencies)(1) The following
boards are transferred from the Department of Human Services and are
established as semi-independent state agencies that are subject to ORS
182.456 to 182.472:

(a) The State Board of Massage Therapists.

(b) The Physical Therapist Licensing Board.

(2) The State Landscape Contractors Board is established as a
semi-independent state agency that is subject to ORS 182.456 to 182.472.
[1999 c.1084 §1; 2001 c.409 §2]Note: 182.451 to 182.472 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 182 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. The following
semi-independent state agencies are subject to ORS 182.456 to 182.472:

(1) The Appraiser Certification and Licensure Board.

(2) The State Board of Architect Examiners.

(3) The State Board of Examiners for Engineering and Land Surveying.

(4) The State Board of Geologist Examiners.

(5) The State Landscape Architect Board.

(6) The Oregon Board of Optometry.

(7) The Oregon Patient Safety Commission.

(8) The Oregon Wine Board. [1999 c.1084 §3; 2003 c.686 §13; 2003
c.797 §27; 2005 c.109 §2]Note: See note under 182.451.(General Provisions Relating to Semi-Independent State Agencies) As used in ORS
182.456 to 182.472:

(1) "Board" means a board established as a semi-independent state
agency under ORS 182.451 or a board or commission listed under ORS
182.454.

(2) "License" includes licenses, registrations, certifications,
permits or other forms of permission required by law to pursue an
occupation or engage in a business regulated by a board. [1999 c.1084
§§4,55; 2003 c.686 §§14,15]Note: See note under 182.451.(1) Except as otherwise provided by law, the provisions of ORS
chapters 240, 276, 279, 279A, 279B, 279C, 282, 283, 291, 292 and 293 do
not apply to a board. A board is subject to all other statutes governing
a state agency that do not conflict with ORS 182.456 to 182.472,
including the tort liability provisions of ORS 30.260 to 30.300 and the
provisions of ORS chapter 183, and a board's employees are included
within the Public Employees Retirement System.

(2) Notwithstanding subsection (1) of this section, the following
provisions shall apply to a board:

(a) ORS 240.309 (1) to (6) and 240.321;

(b) ORS 279.835 to 279.855;

(c) ORS 279A.250 to 279A.290;

(d) ORS 282.210 to 282.230; and

(e) ORS 293.240.

(3) In carrying out the duties, functions and powers of a board,
the board may contract with any state agency for the performance of
duties, functions and powers as the board considers appropriate. A state
agency shall not charge a board an amount that exceeds the actual cost of
those services. ORS 182.456 to 182.472 do not require an agency to
provide services to a board other than pursuant to a voluntary
interagency agreement or contract.

(4) A board shall adopt personnel policies and contracting and
purchasing procedures. The Oregon Department of Administrative Services
shall review those policies and procedures for compliance with applicable
state and federal laws and collective bargaining contracts.

(5) Except as otherwise provided by law, directors and employees of
a board are eligible to receive the same benefits as state employees and
are entitled to retain their State of Oregon hire dates, transfer rights
and job bidding rights, all without loss of seniority, and to the direct
transfer of all accumulated state agency leaves. [1999 c.1084 §5; 2003
c.794 §204]Note: See note under 182.451.(1) A board
shall adopt budgets on a biennial basis using classifications of
expenditures and revenues required by ORS 291.206 (1), but the budget
shall not be subject to review and approval by the Legislative Assembly
or to future modification by the Emergency Board or the Legislative
Assembly.

(2) The budget referred to in subsection (1) of this section shall
be adopted in accordance with applicable provisions of ORS chapter 183.
Except as provided in this subsection, a board shall adopt or modify a
budget only after a public hearing thereon. A board must give notice of
the hearing to all holders of licenses issued by the board.

(3) A board shall follow generally accepted accounting principles
and keep financial and statistical information as necessary to completely
and accurately disclose the financial condition and financial operations
of the board as may be required by the Secretary of State.

(4) A board shall prepare an annual financial statement of board
revenues and expenses and shall make the statement available for public
review. The board shall provide a copy of the statement to the Oregon
Department of Administrative Services not later than the 90th day after
the end of the state fiscal year.

(5) A board may, by rule, elect to donate all or part of the
revenue derived by the board from civil penalties to the General Fund of
the State Treasury. [1999 c.1084 §6]Note: See note under 182.451.ORS 182.456 to 182.472 do not
affect the duty and authority of the Secretary of State to audit public
accounts. The Secretary of State shall enter into agreements with each of
the boards to set appropriate audit schedules for those boards. The audit
schedule shall be set to allow board compliance with ORS 182.472. In lieu
of conducting an audit, the Secretary of State may elect to accept the
report of an independent certified public accountant. [1999 c.1084 §7]Note: See note under 182.451. In
addition to other powers granted by ORS 182.456 to 182.472 and by the
statutes specifically applicable to a board, a board may:

(1) Sue and be sued in its own name.

(2) Notwithstanding ORS 279.835 to 279.855 and ORS chapters 279A,
279B and 279C, enter into contracts and acquire, hold, own, encumber,
issue, replace, deal in and with and dispose of real and personal
property.

(3) Notwithstanding ORS 670.300, fix a per diem amount to be paid
to board members for each day or portion thereof during which the member
is actually engaged in the performance of official duties. Board members
may also receive actual and necessary travel expenses or other expenses
actually incurred in the performance of their duties. If an advisory
council or peer review committee is established under the law that
governs the board, the board may also fix and pay amounts and expenses
for members thereof.

(4) Set the amount of any fee required by statute and establish by
rule and collect other fees as determined by the board. Fees shall not
exceed amounts necessary for the purpose of carrying out the functions of
the board. Notwithstanding ORS 183.335 and except as provided in this
subsection, a board shall hold a public hearing prior to adopting or
modifying any fee without regard to the number of requests received to
hold a hearing. A board shall give notice to all licensees of the board
prior to holding a hearing on the adoption or modification of any fee. A
board may adopt fees in conjunction with the budget adoption process
described in ORS 182.462.

(5) Subject to any other statutory provisions, adopt procedures and
requirements governing the manner of making application for issuance,
renewal, suspension, revocation, restoration and related activities
concerning licenses that are under the jurisdiction of a board. [1999
c.1084 §8; 2001 c.104 §62; 2003 c.794 §205]Note: See note under 182.451.(1) Notwithstanding ORS 670.306, a board
may select and appoint an administrator. The board shall fix the
qualifications and compensation for the position.

(2) An administrator of a board shall not be a voting member of
that board.

(3) Notwithstanding ORS 670.306, an administrator of a board may
employ persons as the board determines to be necessary for carrying out
the business and responsibilities of the board. [1999 c.1084
§9(1),(2),(3)]Note: See note under 182.451.(1) Notwithstanding ORS 670.335, except
where otherwise specifically provided by statute pursuant to ORS 182.462
(5), all moneys collected or received by a board, placed to the credit of
that board and remaining unexpended and unobligated on the date that the
board is established as a semi-independent state agency, and all moneys
collected or received by a board after the date that the board is
established as a semi-independent state agency, must be deposited into an
account established by that board in a depository bank insured by the
Federal Deposit Insurance Corporation or the National Credit Union Share
Insurance Fund. In a manner consistent with the requirements of ORS
chapter 295, the chairperson, president or administrator of a board shall
ensure that sufficient collateral secures any amount of funds on deposit
that exceeds the limits of the coverage of the Federal Deposit Insurance
Corporation or the National Credit Union Share Insurance Fund. All moneys
in the account are continuously appropriated to the board making the
deposit for the purpose of carrying out the functions of the board.

(2) Subject to the approval of the chairperson, president or
administrator, a board may invest moneys collected or received by the
board. Investments made by a board are:

(a) Limited to investments described in ORS 294.035;

(b) Subject to the investment maturity date limitations described
in ORS 294.135; and

(c) Subject to the conduct prohibitions listed in ORS 294.145.

(3) Interest earned from any accounts invested under subsection (2)
of this section shall be made available to a board in a manner consistent
with the board's annual budget.

(4) Subject to the approval of the chairperson, president or
administrator, all necessary board expenses shall be paid from the moneys
collected or earned by a board.

(5) As used in this section, "depository bank" has the meaning
given that term in ORS 295.005. [1999 c.1084 §10; 2001 c.409 §3; 2003
c.405 §3]Note: See note under 182.451. Not later than January 1 of each even-numbered
year, each board subject to ORS 182.456 to 182.472 shall submit a report
to the Governor, the President of the Senate, the Speaker of the House of
Representatives and the Legislative Fiscal Officer. The Legislative
Fiscal Officer shall review the reports and shall prepare and submit a
statement of findings and conclusions to the Joint Legislative Audit
Committee. The report must include the following:

(1) A copy of the most recent audit of the board.

(2) A copy of the actual budget for the prior biennium and a copy
of the board's adopted budget for the biennium in which the report is
made. The budget documents must show:

(a) The beginning balance and ending balance for each of the two
biennia;

(b) A description of material changes between the two biennia;

(c) A description of the public hearing process used to establish
the budget adopted for the current biennium; and

(d) A description of current fees and proposed changes to fees,
along with information supporting the amounts of the current fees and any
proposed changes to the fees.

(3) A description of all temporary and permanent rules adopted by
the board since the last report was submitted.

(4) A description of board actions promoting consumer protection
that were taken since the last report was submitted.

(5) If the board issues licenses, a description of the board's
licensing activities performed since the last report that is adequate to
allow evaluation of the board's performance of its licensing
responsibilities, including:

(a) The number of license applications;

(b) The number of licenses issued;

(c) The number of examinations conducted;

(d) The average time between application for and issuance of
licenses;

(e) The number and types of complaints received about persons
holding licenses;

(f) The number and types of investigations conducted;

(g) The number and types of resolutions of complaints;

(h) The number and type of sanctions imposed; and

(i) The number of days between beginning an investigation and
reaching a resolution.

(6) A description of all other actions taken since the last report
in the performance of the board's statutory responsibilities that is
adequate to allow evaluation of the board's performance. [1999 c.1084
§11; 2005 c.109 §1]Note: See note under 182.451.OMBUDSMAN SERVICESIf an agency or officer of the executive department, as defined
by ORS 174.112, designates a person to perform ombudsman services, the
person shall report to the Governor in writing at least once each
quarter. A report shall include a summary of the services that the person
provided during the quarter and the person's recommendations for
improving ombudsman services and the services for which the person
provides assistance. [2003 c.591 §17]Note: 182.500 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 182 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.EVIDENCE-BASED PROGRAMS As used in this
section and ORS 182.525:

(1) "Agency" means:

(a) The Department of Corrections;

(b) The Oregon Youth Authority;

(c) The State Commission on Children and Families; and

(d) That part of the Department of Human Services that deals with
mental health and addiction issues.

(2) "Cost effective" means that cost savings realized over a
reasonable period of time are greater than costs.

(3) "Evidence-based program" means a program that:

(a) Incorporates significant and relevant practices based on
scientifically based research; and

(b) Is cost effective.

(4)(a) "Program" means a treatment or intervention program or
service that is intended to:

(A) Reduce the propensity of a person to commit crimes;

(B) Improve the mental health of a person with the result of
reducing the likelihood that the person will commit a crime or need
emergency mental health services; or

(C) Reduce the propensity of a person who is less than 18 years of
age to engage in antisocial behavior with the result of reducing the
likelihood that the person will become a juvenile offender.

(b) "Program" does not include:

(A) An educational program or service that an agency is required to
provide to meet educational requirements imposed by state law; or

(B) A program that provides basic medical services.

(5) "Scientifically based research" means research that obtains
reliable and valid knowledge by:

(a) Employing systematic, empirical methods that draw on
observation or experiment;

(b) Involving rigorous data analyses that are adequate to test the
stated hypotheses and justify the general conclusions drawn; and

(c) Relying on measurements or observational methods that provide
reliable and valid data across evaluators and observers, across multiple
measurements and observations and across studies by the same or different
investigators. [2003 c.669 §3; 2005 c.503 §12]Note: 182.515 and 182.525 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 182 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.(1) An agency as defined in ORS 182.515 shall
spend at least 75 percent of state moneys that the agency receives for
programs on evidence-based programs.

(2) The agency shall submit a biennial report containing:

(a) An assessment of each program on which the agency expends
funds, including but not limited to whether the program is an
evidence-based program;

(b) The percentage of state moneys the agency receives for programs
that is being expended on evidence-based programs;

(c) The percentage of federal and other moneys the agency receives
for programs that is being expended on evidence-based programs; and

(d) A description of the efforts the agency is making to meet the
requirement of subsection (1) of this section.

(3) The agency shall submit the report required by subsection (2)
of this section no later than September 30 of each even-numbered year to
the interim legislative committee dealing with judicial matters.

(4) If an agency, in any biennium, spends more than 25 percent of
the state moneys that the agency receives for programs on programs that
are not evidence based, the Legislative Assembly shall consider the
agency's failure to meet the requirement of subsection (1) of this
section in making appropriations to the agency for the following biennium.

(5) The agency may adopt rules necessary to carry out the
provisions of this section, including but not limited to rules defining a
reasonable period of time for purposes of determining cost effectiveness.
[2003 c.669 §7; 2005 c.22 §128; 2005 c.503 §13]Note: Section 8, chapter 669, Oregon Laws 2003, provides:

Sec. 8. The provisions of section 7 of this 2003 Act [182.525]
apply to biennia beginning on or after July 1, 2009. [2003 c.669 §8]Note: See note under 182.515.Note: Sections 4, 5 and 6, chapter 669, Oregon Laws 2003, provide:

Sec. 4. As used in sections 5 and 6 of this 2003 Act, "agency,"
"cost effective," "evidence-based program" and "program" have the
meanings given those terms in section 3 of this 2003 Act [182.515]. [2003
c.669 §4]

Sec. 5. (1) For the biennium beginning July 1, 2005, an agency as
defined in ORS 182.515 shall spend at least 25 percent of state moneys
that the agency receives for programs on evidence-based programs.

(2) The agency shall submit a report containing:

(a) An assessment of each program on which the agency expends
funds, including but not limited to whether the program is an
evidence-based program;

(b) The percentage of state moneys the agency receives for programs
that is being expended on evidence-based programs;

(c) The percentage of federal and other moneys the agency receives
for programs that is being expended on evidence-based programs; and

(d) A description of the efforts the agency is making to meet the
requirements of subsection (1) of this section and section 6 (1), chapter
669, Oregon Laws 2003, and ORS 182.525 (1).

(3) The agency shall submit the report required by subsection (2)
of this section no later than September 30, 2006, to the interim
legislative committee dealing with judicial matters.

(4) If an agency, during the biennium beginning July 1, 2005,
spends more than 75 percent of the state moneys that the agency receives
for programs on programs that are not evidence based, the Legislative
Assembly shall consider the agency's failure to meet the requirement of
subsection (1) of this section in making appropriations to the agency for
the following biennium.

(5) The agency may adopt rules necessary to carry out the
provisions of this section, including but not limited to rules defining a
reasonable period of time for purposes of determining cost effectiveness.
[2003 c.669 §5; 2005 c.22 §129; 2005 c.503 §14]

Sec. 6. (1) For the biennium beginning July 1, 2007, an agency as
defined in ORS 182.515 shall spend at least 50 percent of state moneys
that the agency receives for programs on evidence-based programs.

(2) The agency shall submit a report containing:

(a) An assessment of each program on which the agency expends
funds, including but not limited to whether the program is an
evidence-based program;

(b) The percentage of state moneys the agency receives for programs
that is being expended on evidence-based programs;

(c) The percentage of federal and other moneys the agency receives
for programs that is being expended on evidence-based programs; and

(d) A description of the efforts the agency is making to meet the
requirements of subsection (1) of this section and ORS 182.525 (1).

(3) The agency shall submit the report required by subsection (2)
of this section no later than September 30, 2008, to the interim
legislative committee dealing with judicial matters.

(4) If an agency, during the biennium beginning July 1, 2007,
spends more than 50 percent of the state moneys that the agency receives
for programs on programs that are not evidence based, the Legislative
Assembly shall consider the agency's failure to meet the requirement of
subsection (1) of this section in making appropriations to the agency for
the following biennium.

(5) The agency may adopt rules necessary to carry out the
provisions of this section, including but not limited to rules defining a
reasonable period of time for purposes of determining cost effectiveness.
[2003 c.669 §6; 2005 c.22 §130; 2005 c.503 §15]

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