Opinions of the Attorney General of the State of Oregon

Opinions of the Attorney General of the State of Oregon Vol. 38 Number 5 contents: Page ii - Staff of Department of Justice. Page 1008 Opinion No. 7475 - When a county undertakes a road widening project, resulting in acquisition of real property through the exercise of eminent domain, must the county provide for relocation costs of displaced homeowners and businesses? Page 1010 Opinion No. 7476 - Must food concession contracts for armories under the jurisdiction of the Military Department be based upon competitive bidding? and other related questions. Page 1014 Opinion No. 7477 - Oregon Laws 1975, Ch. 697, Section 2(1) provides that a podiatrist, when submitting the annual fee required by ORS 682.090, shall also "... submit evidence satisfactory to the board of his successful completion of an approved program of continuing podiatry education, if any, in the 12 month period proceeding the date on which the fee is submitted." Does the clause "if any" remove any requirement that a program of continuing education is completed? and other related questions. Page 1020 Opinion No. 7478 - If a hospital: (a) relocates 22 of its 57 beds to a building immediately adjacent to the building in which they are presently located; (b) does not thereby provide any new or expanded clinical service; and (c) makes an expenditure exceeding $200,000 in undertaking the project, is the hospital required to obtain a certificate of need pursuant to ORS 441.090 through ORS 441.095? Page 1025 Opinion No. 7479 - Is the 14 percent apportionment of liquor revenue to cities in section 1(3) of Senate Bill 11 the same 14 percent mentioned in section 3(1)(d), or are the two allocations cumulative? and other related questions. Page 1031 Opinion No. 7480 - If an amendment of a statute is included in a bill signed by the Governor and not referred to the people, and is included in identical form as part of a measure referred to the people, does a defeat at the polls of the referred measure in any way affect the validity of the law, containing the same amendment, which was not referred? Page 1034 Opinion No. 7481 - Is it necessary for the City of Portland to obtain a site certificate from the Energy Facility Siting Council before constructing a proposed hydro - electric project in the Bull Run Reserve? Page 1041 Opinion No. 7482 - If the Oregon Fish & Wildlife Commission limits the number of general deer or general elk season hunters in specified areas such as big game management units by requiring a permit to hunt in such areas, may the commission give preference in issuing permits to persons owning or leasing land in the regulated area over other citizens of the state? and other related questions. Page 1045 Opinion No. 7484 - Under what circumstances may a County Assessor withdraw funds from an urban renewal agency or syspend of withdraw the application of his certificate of true cash value of property within the urban renewal project area prepared pursuant to ORS 457.430 et. seq.? and other related questions. Page 1079 Opinion No. 7485 - May a special inspector, as defined in ORS 480.565(3), inspect boilers or pressure vessels not insured or about to be insured by his employer, pursuant to ORS 480.570(3) and other related questions. Page 1082 Opinion No. 7486 - Is University Hospital, part of the University of Oregon Health Sciences Center, eligible to receive benefits from the Motor Vehicle Accident Fund? Page 109o Opinion No. 7487 - Is the sale of a completed residence constructed by the vocational education department of an educational institution subject to the competitive bidding requirements of ORS Chapter 279? Page 1093 Opinion No. 7488 - May a county disburse O&C moneys to other units of local government for their general use? and other related questions. Page 1099 Opinion No. 7489 - May the Oregon State Bar adopt rules which permit lawyers to advertise only in State Bar publications? Page 1103 Opinion No. 7490 - Do prior owners have priority status for reacquisition upon disposition of State Highway Division property within the Mt. Hood corridor? and other related questions. Page 1108 Opinion No. 7491 - Enrolled House Bill 2449 (Oregon Laws 1977, Ch. 676) adds a requirement that a farm acquired by a veterans' loan be used "exclusively for farm use." Does this change the present requirement of using the farm as the veterans' principal home? and other related questions. Page 1130 Opinion No. 7492 - Does legislative authorization for the Oregon Land Conservation and Development Commission to prescribe and enforce statewide planning goals pursuant to ORS Ch. 197, constitute an unconstitutional delegation of legislative power in violation of Article III, Section I and Article IV, Section 1 of the Oregon Constitution? Page 1148 Opinion No. 7493 - If a police officer stops a vehicle which he observes being driven in a careless or reckless manner, and accordingly believed the driver may be under the influence of intoxicants, but the driver performs the field sobriety tests in a satisfactory manner and refuses to take a breath or blood alcohol test, may the officer arrest the driver on the charges both of driving while under the influence of intoxicants and reckless or careless driving? and other related questions. Page 1156 Opinion No. 7494 - May a homeowner receive a subsidized low interest loan for weatherization from a commercial lending institution, under House Bill 2157 and House Bill 3265, without consultation with or arrangement of financing through the public utility or energy supplier furnishing the home's space heating requirements? and other related questions. Page 1180 Opinion No. 7495 - Section 22(1)(b) of Oregon Laws 1977, Ch. 664 (SB 570) authorizes a state agency to petition the Land Conservation and Development Commission (LCDC) to review a land conservation and development action taken bya county if the state agency believes the action conflicts with the state - wide planning goals of the LCDC. Does such provision apply to an action taken prior to the effective date of Ch. 664? and other related questions. Page 1188 Opinion No. 7496 - May the Banking Division approve proposed amendments to the bylaws of a state chartered credit union, which enlarge the membership to include school districts and other governmental units participating in deferred compensation plans and employing members of the credit union? Page 1192 Opinion No. 7497 - Should a formal request be made to the federal Internal Revenue Service to determine the qualified status under federal law of the Oregon Public Employee Retirement System plan and trust fund? and other related questions. Contents continued to page 1294. Includes a table of cases and a subject index.