Opinions of the Attorney General of the State of Oregon

Opinions of the Attorney General of the State of Oregon Vol. 38 Number 8 contents: Page ii - Staff of Department of Justice. Page 1901 Opinion No. 7598 - What is the presently applicable limitation on open field burning in Oregon? and other related questions. Page 1908 Opinion No. 7599 - If the Legislative Emergency Board refuses to appropriate funds to the Motor Vehicles Division to carry out Oregon Laws 1977, ch. 894, and refuses to authorize any transfer of funds between expenditure classifications of the agency's budget for such purpose, would the division be required to implement the law? Page 1914 Opinion No. 7600 - Are administrative committees formed under ORS 673.480 authorized to conduct formal hearings, enter orders as a result of such hearings and revoke or suspend a license of a "public accountant?" and other related questions. Page 1923 Opinion No. 7601 - If a city or county exercises its right under ORS 456.800 to administer a specialty code, but does not employ building officials and inspectors certified under ORS 456.810 to 456.835 and appropriate administrative rules to perform inspections and administer to specialty codes, what course of action is the Director of Commerce empowered or required to take to assure compliance with ORS 456.820? Page 1929 Opinion No. 7602 - Should the language "including but not limited to Protestant and Roman Catholic" in ORS 179.375, which required the Corrections and Mental Health Divisions, be read as requiring either that Protestant and Roman Catholic clergy be provided at all state institutions regardless of need, or that Protestant and Roman Catholic clergy by given automatic preference in the selection of chaplains? and other related questions. Page 1935 Opinion No. 7603 - May a governing body require the participation and approval of the regular budget committee, including lay members, in supplemental budget proceedings under ORS 294.408? And other related questions. Page 1939 Opinion No. 7604 - Do the filing and statements of intended action requirements of ORS 171.715, 183.335(7) and 183.355(1) and (2) apply to rule - making proceedings of the Public Utility Commissioner when those proceedings were substantially completed prior to the effective date of the statutes listed above, but the rule had not yet been adopted? Page 1944 Opinion No. 7605 - If a member of the Public Employees Retirement System leaves covered employment after reaching his or her earliest service retirement age, but before reaching compulsory retirement age, and elects to accept the new "lump sum refund" service retirement allowance provided by Oregon Laws 1977, ch. 540, codified as ORS 237.155(2), does the member forfeit all other retirement allowances and benefits by accepting such refund if the member's total retirement allowance at compulsory retirement ago would be less than $10 per month? Page 1950 Opinion No. 7606 - Faculty members at Oregon Institute of Technology serve on faculty personnel evaluation committees which make recommendations for promotion, tenure, and selection of persons to fill supervisory positions. Does ORS 351.065(3) require members of those committees to record their votes by name? And other related questions. Page 1956 Opinion No. 7607 - In determining whether to approve a subdivision for a particular area, must the county governing body consider among other factors, the availability of public school facilities to meet the increased need posed by the new subdivision? Page 1965 Opinion No. 7608 - Does the Public Employees Retirement System (PERS) have the right to settle and compromise disputed disability retirement claims under ORS 237.171 - 2237.195 by the payment of a lump sum payment in lieu of any and all other retirement allowances to which the claimant might otherwise be entitled? Page 1971 Opinion No. 7609 - Must a broker - dealer or salesman registered under the Oregon securities law also be licenses under the Oregon Real Estate License Law when the security offered or sold is an interest in a limited partnership formed to invest in real estate? Page 1977 Opinion No. 7610 - Is the practice of insurance carriers restricting availability of their medical malpractice coverage to members of the Oregon Medical Association (OMA) legal under Oregon law? Page 1980 Opinion No. 7611 - Is continuation on onsite storage or disposal of industrial radioactive wastes, not generated pursuant to a license under ORS 453.635, prohibited by ORS 469.535? and other related questions. Page 1991 Opinion No. 7612 - Would passage of ballot measure no. 5 limit the expenditure of gas tax proceeds for construction of Park & Ride stations? Page 1995 Opinion No. 7613 - Is abstention from voting by a public official, on a matter as to which the official has a potential conflict of interest, an "action or decision" which would require the official to comply with ORS 244.120 and 244.130? Page 2002 Opinion No. 7614 - Do independent florists engage in fore - hire carriage requiring a certificate of public convenience and necessity from the Public Utility Commissioner when the divide their service territory among themselves and, through delivery pools, regularly deliver each others flowers in mixed loads, even though no money or property is exchanged for the reciprocal transportation? Page 2008 Opinion No. 7615 - Does ORS 280.630(1), or any other provision of ORS 280.610 through 280.670 (Oregon Laws 1977, ch. 839), prohibit the State Economic Development Commission from listing areas other than cities, counties or federally certified special impact area as economically "lagging area" for purposes of a state investment tax credit? And other related questions. Page 2017 Opinion No. 7616 - Does the action of the Board of Higher Education ordering divesture of stock in companies doing business in Southern Africa amount to a command, or is it a recommendation? And other related questions. Page 2034 Opinion No. 7617 - In making appointments to a county planning commission under ORS 215.030. does the governing body determine whether the restrictions on membership established by ORS 215.030(5) have been satisfied? And other related questions. Page 2045 Opinion No. 7619 - Do the provisions of ORS 203.035 authorize Douglas County to adopt an ordinance establishing a revenue sharing program with its cities? And other related questions. Page 2052 Opinion No. 7620 - Can the Public Utility Commissioner, by rule, lawfully permit an owner - operator to lease his truck to a regulated carrier, and operate the truck as an independent contractor? Page 2060 Opinion No. 7621 - May hospital owners or administrators legally participate in joint review of hospital operating expenses, revenues, services, and facilities and present group recommendations to the State Health Planning and Development Agency? Page 2063 Opinion No. 7622 - May doubtful collectability be the sole factor in a decision by the manager of the State Accident Insurance Fund or its collections counsel to compromise, settle or adjust a receivable? Page 2069 Opinion No. 7623 - Does the Worker's Compensation Board have authority to adopt a rule requiring payment from the administrative fund of attorney's fees and expenses incurred by a claimant, in challenging a determination by the board that permanent total disability benefits should be reduced, after reexamination under ORS 656.206(5)? And other related questions. Contents continued to page 2236. Includes table of contents, a table of Oregon laws and a subject index.