Opinions of the Attorney General of the State of Oregon

Opinions of the Attorney General of the State of Oregon Vol. 36 Number 8 contents: Page ii - Staff of Department of Justice. Page 1012 Opinion No. 7064 - Are funds donated for use in volunteer programs monies to be expended by or on behalf of the state and therefore subject to the provisions of ORS 293.265? Page 1015 Opinion No. 7065 - May state agencies legally pay for carpooling employees' parking fees? Page 1024 Opinion No. 7066 - Is the operation of the State Speed Control Board subject to the Administrative Procedures Act under ORS chapter 183? Page 1030 Opinion No. 7067 - Is the Racing Commission authorized to require a race meet licensee to pay a breeders award from the percentage of gross mutual wagering established for purses under ORS 462.062(3)? Page 1035 Opinion No. 7068 - Is an applicant for examination by the State Board of Plumbing Examiners for a Certificate of Competency, who has paid the examination fee required by statute, and who is not permitted to take the examination because of lack of qualifications, entitled to a refund of the examination fee upon request? Page 1037 Opinion No. 7069 - Under ORS 135.045 which court, the Circuit or the Justice of the Peace Court, appoints counsel for a defendant initially charged through information filed in a Justice of the Peace Court with the commission of an offense punishable as a felony? Page 1041 Opinion No. 7070 - Must county clerks keep their offices open for registration until 8:00 p.m. on the thirtieth day prior to any district special election, as well as on the thirtieth day prior to the statewide primary and general elections? Page 1044 Opinion No. 7071 - Is a comprehensive plan adopted by a governing body of the county under ORS 215.050 (as amended by section 4 of chapter 552, Oregon Laws 1973) subject to referral by petition of the voters of a county? Page 1045 Opinion No.7072 - Is a federal "government contractor," as the term is used in the federal law, prohibited by 18 USC section 611 from making a political contribution to a candidate for state or local office? Page 1053 Opinion No. 7073 - Are persons incarcerated following conviction of a misdemeanor, or solely because they are awaiting trial, entitled to register to vote and receive absentee ballots? Page 1056 Opinion No. 7074 - Does the bond required for sewage disposal service workers by Oregon Laws 1973, Chapter 835 Section 218, have an aggregate limit of 42,500.00, or may each person aggrieved recover up to $2,500.00 per incident, with no effective aggregate limit too liability of the bond? Page 1060 Opinion No. 7075 - Are the provisions of ORS 271.710 to 271.750 governing acquisition of scenic easements, applicable when obtaining scenis easements under the 1973 Willamette River Greenway Law? Page 1066 Opinion No. 7077 - Do the inspectors and investigators of the OLCC have authority to serve and execute warrants of arrest and to issue citations in lieu of arrest? and other related questions. Page 1070 Opinion NO. 7078 - Are the county courts or commissions of all counties in Oregon not having a "home rule" charter under Or. Const. Art. VI, Section 10, vested with general legislative power by Oregon Laws 1973, ch. 282, section 1? Page 1074 Opinion No. 7079 - Under the Federal Rehabilitation Act of 1973, may the Workmen's Compensation Board be designated as an additional state agency ( the Department of Human Resources no being the sole designee) to receive and administer Federal matching funds for rehabilitation programs? and other related questions. Page 1080 Opinion No. 7080 - May a superintendent or other director of a Mental Health Division facility, acting under ORS 179.360, consent to the release of confidential case records of a patient? and other related questions. Page 1089 Opinion No. 7081 - Is the State Health Commission authorized to adopt a rule directing the State Health Division to require fluoridation of the drinking water of Oregon? Page 1102 Opinion No. 7082 - Does the proposed adoption be the State Fire Marshal of Section 1313 of Chapter 13 of the Uniform Building Code violate ORS 476.030, as amended by the 1973 Legislative Assembly? and other related questions. Page 1107 Opinion No. 7083 - Does ORS 483.054 give the Motor Vehicles Division authority to institute a periodic motor vehicle inspection (PMVI) program complying with the Federal Highway Safety Program Standard Number 1, PMVI? Page 1111 Opinion No. 7084 - May a housing authority resident tenant properly serve on the board of commissioners of that housing authority? Page 1115 Opinion No. 7085 - Do ORS 203.122 and ORS 203.035 authorize a general law county government to purchase medical insurance coverage for the dependents of its officers and employees? and other related questions. Contents continued to page 1166. Includes table of cases and subject index.