Opinions of the Attorney General of the State of Oregon

Opinions of the Attorney General of the State of Oregon Vol. 36 Number 4 contents: Page ii - Staff of Department of Justice. Page 384 Opinion No. 6973 - What responsibility has a Public Welfare Division Branch Office to refuse access to monthly reports prepared pursuant to ORS 411.325 to a person believed to be seeking information for commercial or political purposes? and other related questions. Page 388 Opinion No. 6974 - Does the State Marine Board have the authority to remove dilapidated docks and pilings which constitute hazards to boating? Page 390 Opinion No. 6975 - May the State of Oregon validly requires federal agencies having the custody and control of public lands within the State of Oregon to follow certain prescribed procedures before promulgating regulations permitting off - road motorized vehicles on such lands? and other related questions. Page 407 Opinion No. 6976 - Is the State Board of Accountancy authorized to accept the voluntary surrender for cancellation of the license or certificate of a Certified Public Accountant of Public Accountant? Page 413 Opinion No. 6977 - Does the selling of a list of available rental units to purchasers for a set fee come within the definitions of a real estate broker as defined by ORS 696.010? and other related questions. Page 420 Opinion No. 6978 - In periods of diminished supply resulting in conflicts between proposed water uses, it is mandatory to give preference to human and livestock water consumption although the result would be to reduce stream flow below minimums necessary to support fish life? and other related questions.. Page 425 Opinion No. 6979 - May an out - of - state finance company solicit loans within the State of Oregon solely through thee use of the mail, without complying with the provisions of the Oregon Consumer Finance Act, ORS Chapter 725? and other related questions. Page 436 Opinion No. 6980 - Does the transportation of welfare recipients by volunteer drivers using their own private passenger automobiles, reimbursed by the Welfare Division in the amount of $0.09 per mile, constitute the operation of a "public or livery conveyance" within the meaning of the standard insurance policy exclusion clause? Page 449 Opinion No. 6982 - Does the present Public Employee Retirement System method of payment of annuity benefits to male and female members of the System, which bases payments on separate mortality table for males and females, constitute unlawful discrimination based upon sex? Page 464 Opinion No. 6983 - Is a person engaged as a common carrier who holds himself out to the general public as one who will assist others in the movement of their household goods and who in fact independently undertakes for compensation the movement by motor vehicle of the goods from origin to destination, including packing, loading and unloading, even through the truck he drives in rented from a third person by the individual for whom he is performing services? Page 464 Opinion No. 6984 - Must a national banking association with headquarters in another state qualify under the Sale of Checks Act, ORS chapter 717, by reason of the sale of its traveler's check in Oregon, by its agents? Page 472 Opinion No. 6985 - Doe the Legislative Assembly have power, by enactment of an appropriate law, to preclude the federal government from charging fees for entering onto federal lands for purposes in ingress and egress to and from Oregon ocean beaches? and other related questions. Page 476 Opinion No. 6986 - Did retirement benefits "vest" under the Gubernatorial Retirement Act of 1971, so as to prevent the repeal of the Act by vote of the people from terminating retirement benefits for present and former Governors? Page 484 Opinion No. 6987 - Would an underground facility beneath Willson Park, suitable for both official use by the legislature and the state, as well as recreational use by the public, violate the provisions of the deed from the City of Salem to the State of Oregon wherein Willson Park is required to be used "for park purposes only"? Page 491 Opinion No. 6988 - Are employees of the Legislative Assembly eligible to participate in the Public Employees Retirement System? and other related questions. Page 509 Opinion No. 6989 - In administering chapter 648, may the Corporation Commissioner inquire whether the applicant for an assumed business name intends to conduct the same business at the same location under both its corporate name and an assumed business name? and other related questions. Page 514 Opinion No. 6990 - Do the provisions of the "architectural barriers" law (ORS 447.210 to 447.280) cove office space and other work and service areas in public facilities and public use areas in such buildings? Page 521 Opinion No. 6991 - Can the general grant of power contained in the charter of a home rule city or a home rule county authorize purchase of a franchised utility under the provisions of ORS 225.020? Includes table of cases and subject index.