Opinions of the Attorney General of the State of Oregon

Opinions of the Attorney General of the State of Oregon Vol. 38 Number 6 contents: Page ii - Staff of Department of Justice. Page 1295 Opinion No. 7508 - Does "ordinary lower water," as used in the 390.318(1), refer to low water as affected by United States Corps of Engineer dams? Page 1295 Opinion No. 7509 - Does House Joint Resolution 7, Oregon Laws 1969, required assignment of the Chancellor's Office, the State System of Higher Education and the State Board of Higher Education to office space in the new general office building to be constructed on the Capitol Mall? Page 1303 Opinion No. 7510 - Can Oregon require a person enrolled to practice before the federal Internal Revenue Service to be licensed as a tax consultant in the State of Oregon under provisions of ORS 673.605 to 673.735? and other related questions. Page 1310 Opinion No. 7511 - If a county unit school district is proposed to be reorganized into several administrative school districts bya plan submitted to the voters, and the plan is defeated by a majority of voted cast in the district but the voters of one or more of the proposed districts favor the plan, will the present county unit be retained? and other related questions. Page 1315 Opinion No. 7512 - Does a race meet licensee have authority to disburse the one half of one percent purse supplement to the Oregon Thoroughbred Breeders' Association and the Racing Division of the Oregon Quarter Horse Association for redistribution to owners of Oregon bred quarter horses? Page 1318 Opinion No. 7513 - May an election officer withhold from public inspection a poll book or other public record relating to an election solely because from such inspection it could be ascertained how a particular elector has voted? Page 1321 Opinion No. 7514 - A portion of the John Day River has been designated as a State Scenic River under state law. If the federal government designates that same portion of the river as a wild and scenic river under federal law, will that designation have the effect of superseding state law and policy? Page 1328 Opinion No. 7515 - The City of Lakeside is developing a sanitary sewerage system which will in part serve a state park owned and administered by the Oregon Department of Transportation, Parks and Recreation Branch. The city has requested connection fee of $181,270. A budget note of Subcommittee Six of the Ways and Means Committee of the 59th Legislative Assembly instructed Parks and Recreation to make the payment requested by the City. Does the budget note compel Parks and Recreation to make this payment? and other related questions. Page 1333 Opinion No. 7516 - Is the CRAG Lane Use Framework Element a comprehensive plan provision subject to review by the LCDC under ORS 197.300(1)(d)? Page 1347 Opinion No. 7517 - May a fish processing company resell treaty Indian - caught steelhead to wholesale dealers, retail dealers or consumers inside the State of Oregon, and may such dealers, retailers or consumers legally purchase such steelhead from the fish processing company? and other related questions. Page 1354 Opinion No. 7518 - May the department establish a rule to provide a redemption value for salmon and steelhead tags? Page 1356 Opinion No. 7519 - Is the present Board of County Commissioners of Douglas County bound by personnel rules adopted by a predecessor board? and other related questions. Page 1366 Opinion No. 7520 - Is a subdivision, created in compliance with all applicable statutes and ordinances, subject to regulation as a mobile home park if each of the lots is occupied by a mobile home and each lot is rented to the owner of the mobile home situated thereon by a person who owns all of the lots in the subdivision? Page 1368 Opinion No. 7521 - Does the Executive Department have authority to prescribe accounting principles, standards and related requirements of state accounting systems? and other related questions. Page 1379 Opinion No. 7522 - If all lawyers in private practice are required to pay an assessment to the Oregon State Bar under a plan for legal liability insurance, does that requirement violate the due process and equal protection clauses of the United States Constitution? and other related questions. Page 1391 Opinion No. 7523 - Is the new "lump sum refund" service retirement allowance option created by Oregon Laws 1977, Ch. 740 (SB 802) available to a member only at compulsory retirement age (i.e. age 65 for general service and age 60 for Police and Fire), or is the new option also available at voluntary early retirement? and other related questions. Page 1396 Opinion No. 7524 - May the legislature authorize the Oregon Fish and Wildlife Commission to issue preferential elk and deer tags to persons owning land or residing in a particular county or counties prior to making such tags available to the general public? Page 1401 Opinion No. 7525 - Does the Director of the Department of General Services have authority to impose approval requirements on its employees purchasing state surplus property? and other related questions. Contents continued to page 1639. Includes a table of cases and a subject index.