Opinions of the Attorney General of the State of Oregon

Opinions of the Attorney General of the State of Oregon Vol. 37 Number 6 contents: Page ii - Staff of Department of Justice. Page 842 Opinion No. 7211 - If a city zone map designated an area for commercial use and the comprehensive plan designated the same area for residential use, which controls? and other related questions. Page 842 Opinion No. 7212 - Must the signatures on a petition for recall of a county commissioner be verified prior to the filling deadline? Page 856 Opinion No. 7213 - May the state, as provided in ORS 456.860, validly require that a city collect for the state a surcharge on building fees charged by the city? Page 859 Opinion No. 7214 - Does "penalty" which appears in Oregon Laws 1975, ch. 551, section 2 refer to the additional tax which is imposed against specially assessed unzoned farm lands becomes disqualified for farm use, or does "penalty" refer to the penalty imposed under ORS 308.395 by the assessor when the owner fails to notify him of a charge of use of the property? Page 865 Opinion No. 7215 - May salesmen employed by a corporation, the principal business activity of which is the retail sale of mobile homes, sell, in conjunction with sales of mobile homes, subdivision lots owned by the corporation, without being licensed as real estate brokers or salesmen? and other related questions. Page 869 Opinion No. 7216 - Did the passage of House Bill 2061 in the 1975 legislative session preclude a private process serve from serving a summons in a forcible entry and detainer action filed pursuant to ORS chapter 105? Page 873 Opinion No. 7217 - May an elected director of a rural fire protection district continue to hold his office when he ceased to reside I the district but still owns land within the district? Page 876 Opinion No. 7218 - Are ORS 368.205(2), as amended by Oregon Laws 1975, ch. 774, section 1, and ORS 375.030, as amended by Oregon Laws 1975, ch. 771, section 25, in conflict? and other related questions. Page 881 Opinion No. 7219 - Is a newspaper or its employee, accepting and publishing an advertisement for sale of a concealable firearm by a person who is not a licensed dealer, subject to criminal prosecution for violation of ORS 166.440? and other related questions. Page 888 Opinion No. 7220 - Does Oregon Laws 1975, ch. 159, impliedly repeal ORS 283.390 as it related to license plates for state vehicles? Page 894 Opinion No. 7221 - Can the Land Conservation and Development Commission, as part of its review and revision process for the Willamette Rivers Greenway Plan, initially adopt the boundaries of the plan only and limit by order or regulation the activities local government can authorize within the boundaries of the Greenway pending completion and final adoption of the plan or segments of the plan? and other related questions. Page 911 Opinion No. 7222 - Does the President of the Health Sciences Center have authority to execute, on behalf of the institution, an employment contract with faculty members at the School of Medicine containing an addendum which specifies the extent to which the state will defend and indemnify state employees, and further specifying the scope of duties of the School of Medicine faculty members? and other related questions. Page 931 Opinion No. 7223 - What authority does the State Fire Marshal have in the investigation of fires that occur in a governmental subdivision of the state that has been granted an exemption pursuant to ORS 476.030(44)? and other related questions. Page 936 Opinion No. 7224 - May the legislature validly shorten or lengthen the term of office of elected board members of a special district? Page 938 Opinion No. 7225 - If a political party is unable, for whatever reason, to submit a list of five persons from which county commissioners may fill a vacancy in the legislature, but the commissioners are notified of a lesser number, is such list of a lesser number a valid one from which an appointment may be made? Page 943 Opinion No. 7226 - Does ORS 181.530 requires Oregon felony institutions to provide advance notice to the State Police or work release placements and temporary leaves? Page 945 Opinion No. 7227 - ORS 508.710 sets forth the grounds for denial of private salmon hatchery permits. How should sections (3) and (4) of this statute be interpreted in order to comply with legislative intent? and other related questions. Page 951 Opinion No. 7228 - Is the Board of Barber Examiners authorized to adopt rules which would either toll or extend the time period in ORS 690.030(2), or in lieu thereof adopt rules establishing a procedure for a person to requalify as an apprentice barber at the expiration of the time period in ORS 690.030(2)? Page 958 Opinion No. 7229 - Does article IX, section 3 of the Oregon Constitution permit the State to use Highway Fund revenues to assist Tri-Met in the following: a. Paving the land for bus parking and maneuvering? b. Paving the land for automobile parking and maneuvering? c. Construction of bus fueling facilities at the substation? d. Construction of bus washing facilities at the substation? e. Construction of minimal maintenance facilities at the substation? f. Landscaping the substation? Page 963 Opinion 7230 - Does a corporate hospital engage in the unauthorized practice of physical therapy by employing licensed physical therapists to perform physical therapy services for patients of the hospital? Page 968 Opiion No. 7231 - May a school district invest funds in a credit union so as to defer compensation for an employee for income tax purposes? Page 971 Opinion No. 7232 - Does a city police officer, as distinguished from a state police officer, have authority to requires vehicles to stop for an equipment check, by means of standing in the roadbed and using hand gestures, at a place where there is no sign displayed indicating such a requirement? Page 974 Opinion No. 7233 - Must state, city, county and federal agencies applying for oversize or overweight vehicle permits pay the permit fee established by Oregon Laws 1975, ch. 329? and other related questions. Page 979 Opinion No. 7234 - Is a county planning commission's makeup valid if an area of the county comprising 50 percent thereof, but containing less than 5 percent of the population, is not represented in its membership, or if six of its nine members reside in a city within the county? Page 983 Opinion No. 7235 - If a city or county has not conformed its land use regulations to state - wide planning goals within the time required by ORS 197.325, and must apply for an extension of time within local regulations in itself render them unenforceable? Page 987 Opinion No. 7236 - Is a housewife not employed outside the home considered to be engaged in an occupation within the meaning of ORS 227.030(4)? Page 991 Opinion No. 7237 - Does a legislative seat become vacant when the legislator elected to it, moves from the district from which he was elected? Page 996 Opinion No. 7238 - Oregon Laws 1975, ch. 618 section 4(1) requires under penalty of law that every instrument contracting to convey real property more than 12 months from the time that it is executed and binding, "or a memorandum thereof," must be recorded. What must such a memorandum contain? Page 999 Opinion No. 7239 - Must the signatures on a petition for initiative or referendum be verified prior to the following deadline:? Includes table of cases and subject index.