Opinions of the Attorney General of the State of Oregon

Opinions of the Attorney General of the State of Oregon Vol. 39 Number 1 contents: Page ii - Staff of Department of Justice. Page 1 Opinion No. 7645 - Does the Department of Human Resources have authority to require or allow facilities presently licensed as nursing homes for the mentally retarded under health care facility requirements (ORS ch. 441) to be licensed instead under residential facility requirements established by Oregon Laws 1977, ch. 717, now codified as ORS 443.400 et seq? And other related questions. Page 7 Opinion No. 7646 - May voters of a non-home rule county, by initiative petition, provide that members of the planning commission shall be elected by popular vote? Page 17 Opinion No. 7647 - Does the State Forester have authority to enter upon private land without the owner's permission for the purpose of administering the Oregon Forest Practices Act? Page 35 Opinion No. 7648 - Under the provisions of ORS ch. 279 and other applicable statutes, may energy efficiency standards, as required by the Federal Energy Policy and Conservation Act of 1975, be incorporated instate and local government purchasing specifications? Page 42 Opinion No. 7649 - Have any of the alternative statutory prerequisites of ORS 722.202(4) been satisfied, to allow state - chartered savings and loan associations to offer demand deposit services to customers? Page 47 Opinion No.7650 - Do ORS 294.033 and 294.035(9) conflict with Article XI, section 9 of the Oregon Constitution insofar as they authorize a local government to invest public funds in variable annuity contracts for the purpose of funding deferred compensation plans? Page 61 Opinion No. 7651 - Is the Motor Vehicles Division (DMV) required to charge other governmental agencies and private individuals for record information? And other related questions. Page 70 Opinion No. 7652 - Are the provisions of ORS 545.002 limiting the right to vote in irrigation district elections to persons 21 years of age or more, who own two or more acres in the district, constitutional? And other related questions. Page 81 Opinion No. 7653 - What would be the effect of passage in Gilliam County (a general law county) of an initiative proposal to prohibit construction and operation of nuclear power plants in the county? And other related questions. Page 86 Opinion No. 7654 - Is the Board of Radiologic Technology authorized by ORS 688.515 to issue an applicant a limited permit restricted to performing diagnostic X-ray technology on certain parts of the human body? And other related questions. Page 92 Opinion No. 7655 - ORS 254.600 provides that an initiative or referendum measure properly petitioned for as provided in Art. IV, Section I, Oregon Constitution shall nevertheless not be placed on the ballot unless the sponsors file a statement of contributions and expenditures for the petition. Is this provision constitutional? Page 96 Opinion No. 7656 - May a Hospital Facility Authority established pursuant to ORS 411.535 provide nursing home facilities? Page 101 Opinion No. 7657 - Does the Tort Claim Act (ORS 30.260 to 30.300) apply to the negligent operation by the drivers of state-owned vehicles in an authorized carpool, and is the state thereby exposed to liability arising out of an accident during carpooling? And other related questions. Page 116 Opinion Number 7658 - Does the Certificate of Need Appeals Board review an appeal of as decision by the State Health Planning and Development Agency on a certificate of need application under the "substantial evidence rule" or "de novo"? And other related questions. Page 124 Opinion No. 7659 - ORS 656.268 was amended by he 1977 Legislature (Oregon Laws 1977, ch. 862) to provide that a worker for whom a "medically stationary" determination has been made is to receive permanent disability payments and not temporary disability payments during the period before he enters an approved vocational rehabilitation program. Are these changes in the administration of the Workers' Compensation program applicable to workers injured before October 4, 1977, the effective date of that amendment? Page 140 Opinion No. 7660 - Pursuant to Oregon 30.282(1) and (2), several local public bodies have created a draft intergovernmental agreement for the provision of joint self - insurance. The draft agreement requires a three - year membership commitment upon first joining, and thereafter each annual renewal requires a commitment to pay a potential additional assessment (based on loss experience) at the end of the year. Would entry into such an agreement constitute an invalid attempt by the governing body to bind future governing bodies? And other related questions. Contents continued to page 354. Includes table of contents, a table of cases and a subject index.