Opinions of the Attorney General of the State of Oregon

Opinions of the Attorney General of the State of Oregon Vol. 35 Number 1 contents: Page ii - Staff of Department of Justice. Page I Opinion No. 6735 - Do ORS 368.095 (1) (j), requiring County Roadmasters to furnish cost records for county road work to the County Clerk, and ORS 205.250, requiring the County Clerk to maintain a cost account for such work, conflict with ORS 210.320 to 210.440, relating to duties of the Clackamas County Auditor? Page 7 Opinion No. 6736 - May a circuit judge with previous service in the district court elect to receive credit for such previous service, for retirement purposes, under the 1969 amendments to the statutes relating to judicial retirement? and other related questions. Page 13 Opinion No. 6737 - Is a candidate for district judges a "candidate for political office" within the meaning of ORS 471.420, prohibiting certain political contributions by licensees under the Liquor Control Act? Page 15 Opinion No. 6738 - What standard should be applied by the committee of three appointed by the State Board of Social Protection in determining whether to issue a medical certificate for marriage under ORS 106.071? Page 19 Opinion No. 6739 - Does he Oregon Tort Claims Act (ORS 30.260 to 30.300) offer any protection against personal liability to an officer, employee or agent of a public body? and other related questions. Page 25 Opinion No. 6740 - May the Oregon Liquor Control Commission refuse to issue or renew a license based solely upon a negative recommendation by the city or county in which the applicant's place of business is located? Page 29 Opinion No. 6741 - What are the respective powers of the Rogue River Coordination Board and the Department of Environmental Quality with respect to regulation and prevention of turbidity resulting from placer mining operations in the Rogue River Basin? Page 38 Opinion No. 6742 - Does a defeated candidate for nomination for city office come within the provisions of ORS 249.420 or 249.470, prohibiting a candidate defeated in a primary election from being an independent candidate at the general election? Page 41 Opinion No. 6743 - May Tri - County Metropolitan Transit District of Oregon ("Tri-Met") impose a tax on the payroll of a common carrier engaged in both interstate and intrastate business? Page 52 Opinion No. 6744 - May the Department of Environmental Quality certify to federal agencies on behalf of the State of Oregon that certain specified activities involving discharges into navigable waters will not violate applicable water quality standards within the meaning of Section 21 of the Federal Water Pollution Control Act? Page 56 Opinion No. 6745 - Doe the State Highway Commission have authority under existing statutes to donate state park property to a federal agency for inclusion in a national monument? Page 65 Opinion No. 6746 - May the State of Oregon set off a debt which the taxpayer owes to a state agency or department against an income tax refund payable by its Department of Revenue? Page 70 Opinion No. 6747 - May highway funds be used to underwrite the sole cost of a statewide advertising campaign directed to the reduction of all types of pollution in all areas of the state? Page 79 Opinion No. 6748 - Does a rule of the Oregon State Board of Health authorizing the use of plastic pipe for plumbing supersede a local ordinance prohibiting the use of such materials for plumbing? Page 87 Opinion No. 6749 - Do the activities of a bank's wholly owned subsidiary collecting debts owed to the bank constitute the doing of a collection agency business within the meaning of ORS 696.020(1) and 697.030(2) and (5)? Page 95 Opinion No. 6750 - Is the installation of liquid petroleum gas containers and connections in automobiles, trucks, and similar self - propelled vehicles, in connection with their conversion from conventional gasoline or diesel fuels to liquid petroleum gas fuel, subject to licensing and inspection requirements under ORS 480.420, 480.432, and 480.450? Page 102 Opinion No. 6751 - May Assistant Attorney General, and the secretaries handling their work, examine income tax returns in the course of their duties as counsel to the Department of Revenue. Page 114 Opinion No. 6752 - Does the Administrator of the Public Welfare Division have the authority to terminate employment of the local employees of a county welfare commission? Contents continued to page 197. Includes table of cases and subject index.