digital.osl.state.or.us68723/datastream... · chapter 744 1987 replacement part agents, adjusters...

Chapter 744

1987 REPLACEMENT PART

Agents, Adjusters and Consultants

DENIAL AND TERMINATION OF LICENSESGENERALLY

744 255 License suspension, revocation or refusal tocontinue

744 260 Condition of probation on license, revocation during probationary period, right tohearing

744 265 Return of agent' s, adjuster' s or surplus linelicense

744 525AGENTSGENERALLY744 005 Agent license required

744 012 Apphcablity of Insurance Code to title

744 555insurance agents

744 015 Compensating unlicensed agent prohibited

744 017 Filing compensation agreements for

744 645

agents, filings not public records

744 025 Exemptions from licensing requirements744 035 Brokerage

744 045 Qualifications for agent' s license

744 055 Nonresident agents

744 065 Application for license

744 075 Examination

744 085 Exemption from examination

744 095 Contents of license

744 105 Issuance or refusal of license

744 115 Kinds of agent licenses

744 135 Licensing of firm or corporate agency744 145 Number of appointments under one agent' s

license

744 155 Appointment of agents

744 165 Insurance agent as agent of insurer, exception for group policies

744 175 Termination of appointment

744 185 Place of business

744 195 Temporary licenses

744 205 Continuation of licenses, continuing education requirements

744 215 Insurance vending machines744 225 Trust account for premium funds, commin-

gling, penalty, exceptions

DENIAL AND TERMINATION OF LICENSESGENERALLY

744 255 License suspension, revocation or refusal tocontinue

744 260 Condition of probation on license, revocation during probationary period, right to

hearing

744 265 Return of agent' s, adjuster' s or surplus linelicense

744 525 Adjuster qualifications

744 535 Adjuster licensing examination, fee744 545 Continuation of adjuster license

744 555 Temporary adjuster permit

744 575 Adjusting claims involving credit life or

744 639

credit health insurance

CONSULTANTS

744 605 Insurance consultant' s license required

744 609 Exemptions

744 615 Issuance of insurance consultant' s license

744 619 Qualifications for insurance consultant' s

CROSS REFERENCESAgent, savings bank licensed as 716 610

Corporate insurance agent, stock holding b} savings or stocksai rags bank, 716 594

Definitions and general proiisions applicable 731004 to791 194

Duty of insurance carrier or agent to report person involved inaccident if person driving uninsured 806 190

Insurance Code" defined, 731 004

Legislatne review of need for agency, 182 615License required to act as broker or agent for risk retention

group or purchasing group, 735 350

744 015

Exclusn a agency contracts, 732 220

744 255

ADJUSTERS Revocation or suspension of license solely because of convioton of criminal offense prohibited 670 280

744 505 Adjuster license required

744 515 Exemptions from adjuster licensing744 605, 744 515

requirement Exemption of insurance adjusters from dealer certification forsalvage vehicles 822 015, 822 105

871

license

744 625 Application for insurance consultant' slicense

744 629 Examination

744 635 Bond and insurance

744 639 Contents of insurance consultant' s license744 645 Place of business

744 650 Disclosure by insurance consultants744 655 Rebates prohibited

744 660 Continuation of insurance consultant' slicense

744 665 Continuing education

CROSS REFERENCESAgent, savings bank licensed as 716 610

Corporate insurance agent, stock holding b} savings or stocksai rags bank, 716 594

Definitions and general proiisions applicable 731004 to791 194

Duty of insurance carrier or agent to report person involved inaccident if person driving uninsured 806 190


Legislatne review of need for agency, 182 615License required to act as broker or agent for risk retention

group or purchasing group, 735 350

744 015

Exclusn a agency contracts, 732 220

744 255

ADJUSTERS Revocation or suspension of license solely because of convioton of criminal offense prohibited 670 280

744 505 Adjuster license required

744 515 Exemptions from adjuster licensing744 605, 744 515

requirement Exemption of insurance adjusters from dealer certification forsalvage vehicles 822 015, 822 105

871

SUPERSEDED

INSURANCE

872

SUPERSEDED

AGENTS. ADJUSTERS AND CONSULTANTS 744. 025

AGENTSGENERALLY

744. 005 Agent license required. Except as provided in ORS 744 025, no person, directly or indirectly, shall, or shall attempt to, solicit, sell or transact insurance in this state

unless then licensed as an agent under ORS744 005, 744 015, 744 025 to 744 255 and 744 265with respect to the class or subclass of insuranceinvolved 11967 c 359 §5251

744 010 [ Repealed by 1967 c 359 § 7041744.012 Applicability of Insurance

Code to title insurance agents. The Legisla- tive Assembly finds that it is in the interest of theinsurance -buying public that title insuranceagents be subject to the Insurance Code It isdeclared to be the intent of the LegislativeAssembly that the Insurance Code shall apply totitle insurance agents only to the extent necessaryfor the regulation of title insurance ratemakingand unfair trade practices [ 1979 c 50] § 11

Note 744 012 %as enacted into law by the LegislativeAssembly but was not added to or made a part of ORS chapter

744 or any series therein by legislative action See Preface toOregon Res ised Statutes for further explanation

744.015 Compensating unlicensedagent prohibited. Except as provided in ORS744 025, no insurer or agent, with respect todomestic risks, shall give or allow directly orindirectly any consideration or thing of value toany person not licensed as an agent under ORS744 005, 744 015, 744 025 to 744 255 and 744 265at the time of the transaction out of which

entitlement to such consideration or thing ofvalue arose, for

1) Soliciting insurance, 2) Receiving an application or order to write,

renew or procure insurance,

3) Collecting any insurance premium,

4) Attempting as middleman to place anyinsurance, or

5) Negotiating or effecting insurance 11967c 359 § 5261

744.017 Filing compensation agreements for agents; filings not public records.

The director may require the filing by aninsurer of any compensation agreements foragents No such filing shall be deemed a " publicrecord" or a " public writing" as defined in ORS192 005 to 192 170 and 192 410 to 192. 505 ( 1971c 231 § 81

744 020 [ Repealed by 1967 c 359 § 7041

744.025 Exemptions from licensingrequirements. OAS 744 005 and 744 015 shallnot apply to the following

1) Employes or representatives of insurers oragents, not receiving a commission, who performadministrative, clerical or technical services and

who do not solicit insurance

2) Salaried employes of insurers who solicit, negotiate or effect insurance only throughlicensed resident agents

3) An attorney in fact of an authorizedreciprocal insurer, or the salaried representatives

of the insurer or attorney who receive no commissions

4) Salaried employes of the holder of amaster group insurance policy or salariedemployes of a participant in an institutional

retirement program, who, in the performance of

ministerial duties on behalf of such holder orparticipant, secure and forward information for

the purpose of group life and health insurance orinstitutional retirement programs or for enrollingindividuals under such group coverages or issuingcertificates thereunder, when no commission ispaid for such services and the compensation, if

any, paid is reasonably related to the servicesperformed

5) The lawful transaction of reinsurance

6) Salaried employes of title insuranceagents or insurers, except for the individual or

individuals designated as exercising the powersconferred by a title insurance agent' s license

7) Any agent or representative of personsexempt from the Insurance Code under ORS731 032 and 731036, with respect to theexempted transactions

8) Any agent or representative of a fratern.. lbenefit society who devotes, or intends to devote, less than 50 percent of the agent's or representative' s time to the solicitation and procurement

of insurance policies for such society Any personwho in the preceding calendar year has solicitedand procured life insurance policies on behalf of

any society in an amount of insurance in excess of

50, 000 or, in the case of any other class or classesof insurance which the society might write, on thepersons of more than 25 individuals, and who hasreceived or will receive a commission or other

compensation therefor, shall be presumed to bedevoting, or intending to devote, 50 percent of theperson' s time to the solicitation or procurement

of insurance policies for such society9) The lawful transaction of home protec-

tion insurance by a person who is a real estatelicensee as defined by ORS 696 010 ( 12)( a) to ( e), and whose transaction of this insurance is subject

to a written contract, to which the insurer is a

party, governing the person' s activities in thetransaction

873

SUPERSEDED

744. 035 INSURANCE

10) Salaried employes of a banking institution or a national bank as defined in ORS706 005, a savings association or a federal association as defined in ORS 722 004, a state creditunion as defined in ORS 723 006 or a federalcredit union, who, in the regular course of business with the customers of the banking institution, national bank, savings association, federalassociation or federal or state credit union, pre-

sent the customers with written information

about savings account annuities issued by anauthorized insurer Any person who purchasessuch an annuity may rescind the transactionwithin 10 days after the issuance of the contract

For purposes of this subsection, savings account

annuities are annuities purchased with the pro-

ceeds of a sai rags account, certificate or share in

a banking institution, national bank, savingsassociation, federal association or federal or state

credit union 11967 C359 § 527, 1971 c 385 § 6 1979 c 501

3 1979 c 829 § 9a 1981 c 247 618 1984 c 464 § 1, 1985 c 762

1881

744 030 [ Amended by 1965 c 610 § 12 repealed b) 1967 c3,59 47041

744. 035 Brokerage. ( 1) Except as provided in this section, an agent shall place insur-

ance only in an insurer as to which the agentholds a subsisting appointment as agent pursuantto ORS 744 155

2) Unless the privilege is denied or otherwise

limited by the director pursuant to subsection ( 3) of this section an agent holding a subsistinggeneral lines, life, health or life and health insurance license referred to in ORS 744 115 may placeinsurance that is otherwise authorized by thelicense in an insurer as to which the agent doesnot hold a subsisting appointment as agent pursuant to ORS 744 155, provided

a) Such placement benefits the insured, and

b) Such placement Is necessary to theagent' s transaction of business

3) With respect to any agent or a particularclass or subclass of Insurance, the director maydeny or Impose additional limitations on theexercise of the privilege of placing Insurance In aninsurer as to which the agent does not hold asubsisting appointment as agent If the directordetermines the denial or limitation would be inthe best Interest of the insurance -buying publict 1967 c 359 § 528, 1985 c 697 § 181

744 040 [ Repealed by 1967 c 359 § 7041

744. 045 Qualifications for agent' slicense. Agent' s licenses shall be issued only topersons who are trustworthy and competent totransact the business of an insurance agent in

such manner as to safeguard the Interest of the

public and only after satisfactory proof thereofhas been presented to the director Nothing in theInsurance Code shall be construed to limit orprohibit the licensing under ORS 744 005 to744 215 of a banking Institution, as defined inORS 706 005, a corporation owned In whole or

part by a banking Institution under ORS 708 430, 716 588 or 716 594, or a corporation owned in

whole or part by a bank holding company, asdefined in ORS 715 010, as an agent to transact

one or more of the classes of insurance describedin ORS 744 115 ( 1)( a) to ( L) and ( n) Except asprovided in ORS 744 055, every applicant forissuance of an agent' s license shall satisfy the

following requirements1) The applicant shall establish a residence

or place of transacting insurance business in thisstate prior to filing an application

2) The applicant must not have been convicted in any jurisdiction of an offense which Ifcommitted in this state, constitutes a misde-

meanor involving moral turpitude or a felony, oris punishable by death or Imprisonment underthe laws of the United States The record of aconviction for an offense described in this subsection shall be conclusive evidence, except in the

case of an applicant having special merit asdetermined by the director

3) The applicant must have the requisitelearning and ability, as shown by the writtenexamination required of the applicant for issu-

ance of the license and by any other requirementsas the director may establish [ 1967 c 359 § 529, 1983c76 §21987 c916 §81

744 050 [ Repealed by 1953 c 93 § 21

744. 055 Nonresident agents. ( 1) Thissection applies only to persons who neither areresidents of this state nor have a place of trans-

acting insurance In this state As used in theInsurance Code In connection with agents, nonresident" refers to such a person, and

resident" refers to a person other than a nonresident

2) A nonresident person may be licensed asan agent upon compliance with the provisions of

ORS 744 005, 744 015, 744 025 to 744 255 and744 265, other than the provisions of ORS744 045 ( 1) and 744 135 ( 3), provided the state inwhich such person resides will accord the sameprivilege to a resident of this state

3) A nonresident agent or Insurance brokerduly licensed by any other state may not enterthis state for the purpose of transacting insurance

business without obtaining an agent' s licenseHowever, the nonresident agent or Insurance

874

SUPERSEDED

AGENTS, ADJUSTERS AND CONSULTANTS 744.065

broker may negotiate any policy of insuranceupon domestic risks to the same extent and uponthe same terms and upon payment of the same

fees as provided by such other state for residentsof this state transacting a like business in suchother state A nonresident agent or insurancebroker from a jurisdiction that requires counter- signing of a policy sold in that jurisdiction by anOregon resident agent or broker shall have anypolicy sold to an Oregon resident countersignedby an Oregon agent or broker

4) The director may enter into a reciprocalagreement with the appropriate official of anyother state waiving any or all of the requirementsfor issuance of an agent' s license to any nonresident applicant who resides in such other state if

a) A written examination is required ofapplicants for an agent's license in such otherstate,

b) The appropriate official of such other

state certifies that the applicant holds a currentlyvalid license as an agent or insurance broker insuch other state and either passed such written

examination or was the holder of an agent' s orinsurance broker' s license prior to the time suchwritten examination was first required, and

c) In such other state, a resident of this stateis privileged to procure an agent' s or insurancebroker's license upon conditions no less favorablethan the conditions stated in this subsection

5) Every nonresident person, before beinglicensed as an' agent in this state, shall file withthe director in writing an appointment of thedirector to be the attorney of the nonresidentperson upon whom all legal process in any actionor proceeding against such person may be servedIn such appointment, the person shall agree thatany lawful process against the person which isserved upon the director shall be of the same legalforce and validity as if served upon such person, and that the authority shall continue in force solong as any liability remains outstanding in thisstate

6) A nonresident agent' s license shall automatically expire when the agent no longer holds acurrently valid license as an agent or insurancebroker in the state which certified the agent asrequired by subsection ( 4) of this section

7) As used in this section, in the case of anonresident applicant for an agent' s license totransact life and health insurance or either ofthem, " state" includes a province of Canadaexcept when the reference is to " this state " [ 1967

c359 §530, 1971 C231 § 27, 1987 c222 § 11

744 060 [ Repealed by 1953 c 93 § 21

744.065 Application for license. ( 1)

Except as may be provided pursuant to reciprocalagreements with other states, each application

for a license as agent shall be made to the directorin writing on forms prescribed and furnished bythe director The application shall include thefollowing information

a) The applicant's name, business address, residence address, present occupation, occupa-

tion for the last 12 months, the portion of time tobe devoted to the insurance business, previousinsurance experience and the names of employers

during the five years last precedingb) Whether the applicant has ever been

convicted of or is under indictment for a crime, whether the applicant has ever had a judgmententered against the applicant for fraud, whetherany insurer or agent claims the applicant is

indebted to it and the details of any such indebtedness, and whether any license to act as aninsurance agent, broker or solicitor or in anyother occupational or professional capacity hasever been refused, revoked or suspended in this orany other state

c) The applicant' s fingerprints

d) The class or classes of insurance or subclasses of any class to be transacted under thelicense in accordance with the categories set forthin ORS 744 115

e) A written appointment of the applicant asagent by an authorized insurer to be representedsubject to issuance of the license to the applicantThe appointment may be made by an insurerwithout capital stock in the process of organiza-

tion as a domestic insurer and soliciting qualifying applications for insurance

f) Such other information as the directormay require

2) The applicant shall make sworn state-

ments and answers as required by the director tointerrogatories included in the application

3) If the applicant for an agent' s license is afirm or corporation, the application shall show, inaddition, the names of all members, officers anddirectors If the applicant is a corporation, theapplication also shall state the names of all stock-

holders who own, directly or indirectly, morethan 10 percent of any class of any equity securityof the corporation, and shall designate each indi-

vidual who is to exercise the powers to be conferred by the license upon such firm or corporationEach individual so designated shall furnish information as for an individual license

4) All applications shall be accompanied bythe applicable license and examination fees as

875

SUPERSEDED

744.075 INSURANCE

provided in ORS 731 804 The examination feeshall not be returned 11967 c 359 § 531, 1969 c 336 § 14, 1973 c 89 61, 1983 c 76 § 31

744 070 [ Amended by 1967 c 359 § 480, renumbered743 6031

744. 075 Examination. ( 1) Unless

exempted by ORS 744 085, each applicant for anagent' s license, prior to Issuance of the license, shall take and pass to the director' s satisfaction awritten examination thoroughly testing theapplicant' s knowledge of the class or classes ofinsurance or subclasses of any class proposed tobe transacted by the applicant, and of the legalresponsibilities of an agent

2) If the applicant is a firm or corporation, the examination shall be taken by each individualwho is designated as exercising the powers con-

ferred by the license upon such firm or corporation

3) The director shall determine rules ofprocedure for the conduct of examinations

4) An applicant who fails to pass two examinations for a particular agent' s license shall notbe permitted to take another examination for thelicense for two months next following the date ofthe second examination

5) An applicant who fails to pass threeexaminations for a particular agent' s license shallnot be permitted to take another examination forthe license for four months next following thedate of the third examination ( 1967 c 359 § 532 1983

c 76 § 41

744 080 [ Repealed by 1967 c 359 § 7041

744. 085 Exemption from examination. An examination for issuance of a license as

agent shall not be required of any of the followingapplicants

1) Any applicant who held a valid residentagent's license when ordered into active duty inthe Armed Forces of the United States and whoapplies for the reissuance of such license withinsix months after being relieved under honorableconditions from active duty in the Armed Forces

2) Any applicant who held a valid residentagent' s license within the preceding two yearsand who applies for reissuance of the license, ifboth of the following requirements are met

a) The license was not suspended or revoked

by the directorb) The director must be satisfied, by exam-

ination or otherwise, that the applicant is knowledgeable in the particulars of the applicable

provisions of the Insurance Code.

3) Transportation ticket agents of common

carriers applying for a limited license under ORS744 115 to solicit and sell, as Incidental to theirduties as transportation ticket agents, only

a) Travel ticket health Insurance policies, or

b) Insurance of personal effects while beingcarried as baggage on the common carriers

4) Any applicant for a general lines insurance license upon whom the American Instituteof Property and Liability Underwriters, Inc hasconferred the Chartered Property and CasualtyUnderwriter ( C P C U ) designation, or anyapplicant for a life and health Insurance licenseupon whom the American College of Life Under- writers has conferred the Chartered Life Under- writer ( C L U ) designation, if the director issatisfied, by examination or otherwise, that theapplicant is knowledgeable in the particulars of

the applicable provisions of the Insurance Code

5) Any applicant for a legal services insurance license, unless the director determines thatexaminations are necessary for the protection ofthe insurance - buying public and establishes arule to that effect

6) Any applicant for a credit life Insurancelicense, credit health insurance license, livestockinsurance license, mortgage insurance license ormotor vehicle physical damage insurance license, or for any combination of such licenses permittedby the Insurance Code

7) Any applicant for a title insurance license8) Any applicant for a lender' s property

Insurance license

9) Any applicant who holds a valid licenseissued by another state, if the state requires anexamination for the license that is comparable tothe examination administered in this state and if

the state exempts from the examination require-

ment any applicant who holds a valid licenseissued by this state for which an examination isrequired However, the director may require theapplicant to be examined on the Insurance Codeand rules adopted under the Insurance Code 11967c 359 §533, 1971 c 231 § 28 1977 c 174 § 1, 1977 c 820 § l, 1979c 501 § 4, 1981 c 817 § 1, 1983 c 76 § 51

744 090 [ Amended b} 1967 c 359 § 370, renumbered

743 1111

744. 095 Contents of license. The

license shall state the name and address of thelicensee, date of issue, date of expiration, if any, class or classes of insurance or subclasses thereofauthonzed by the license to be transacted by thelicensee, and the conditions, if any, of the license11967 c 359 § 5341

0

SUPERSEDED

AGENTS, ADJUSTERS AND CONSULTANTS 744. 115

744 100 ( Repealed by 1967 c 359 § 7041744. 105 Issuance or refusal of license.

1) If after completion of application for a licenseand the taking and passing of any examinationrequired under ORS 744 005, 744 015, 744 025 to744 255 and 744 265 by the applicant the directorfinds that the applicant has the qualificationsrequired or provided for in ORS 744 045, thedirector shall issue the license to the applicantOtherwise, the director shall refuse to issue thelicense and shall promptly notify the applicantand the appointing insurer of such refusal, statingthe grounds therefor The director shall not issuea license if the director is satisfied the principaluse of such license is to effect insurance onproperty or against liability of such agent or toevade the prohibitions of ORS 746 015 to746 065

2) In case of refusal to issue a license thedirector shall not refund to the appointing insurerany appointment fee which has been tendered inconnection with the application for the license

3) Any demand for a hearing on a refusal toissue a license shall be made within 60 days of the

notice of such refusal ( 1967 c 359 § 535 1971 c 231 § 291

744 110 [ Repealed by 1967 c 359 § 7041

744. 115 Kinds of agent licenses. ( 1) The director shall issue agent' s licenses of thefollowing kinds to transact the class or classes ofinsurance or subclasses thereof set forth for thekind of license

a) General lines insurance license, for casualty, property, marine and transportation andsurety insurance,

b) Life and health insurance license, for lifeand health insurance or a license for either ofthem,

c) Surplus line insurance license, for placinginsurance with eligible surplus line insurers asprovided in ORS 735 400 to 735 495 and 735 990

d) Health care service license, for servicesprovided by a health care service contractor asdefined in ORS 750 005,

e) Livestock insurance license, for insuranceagainst loss of, damage to or death of domesticanimals,

f) Mortgage insurance license, for mortgageinsurance,

g) Motor vehicle physical damage insurancelicense, for insurance against only the loss of ordamage to any motor vehicle which is designedprimarily for use upon a highway,

h) Travel ticket health insurance license, for

personal accident insurance covering the risks of

877

travel The license shall be issued only to a full - time salaried employe of a common carrier or afull -time salaried employe or owner of a transportation ticket agency, which person is engaged inthe sale of transportation tickets, or to a full -time

salaried employe of an agent holding a healthinsurance license The license shall authorize saleof such policies only in connection with the sale

of transportation tickets No such policy shall befor a duration of more than 48 hours or for theduration of a specified one -way trip or round trip, as applicable,

i) Baggage insurance license, for insuranceof personal effects in connection with travel The

license shall be issued only to a full -time salariedemploye of a common carrier or a full -time sal-

aried employe or owner of a transportation ticket

agency, which person is engaged in the sale orhandling of transportation of personal effects asbaggage of travelers, or to a full -time salariedemploye of an agent holding a general lines insurance license The license shall authorize sale ofsuch insurance on such baggage only in connection with such transportation,

0) Credit life and credit health insurancelicense, for credit life and credit health insuranceor a license for either of them,

k) Credit insurance license, for insuranceagainst loss or damage from failure of debtors topay their obligations to the insured, but not toinclude mortgage insurance,

L) Legal services insurance license, for serv-

ices provided by a legal services contractor asdefined in ORS 750 300, or for insurance againstthe costs of attorney services and related costsand fees as authorized under an insurer's certifi-

cate of authority to transact casualty insuranceThe license shall be issued only to a person whoholds at least one of the agent's licenses of thekinds set forth in paragraphs ( b) and ( d) of thissubsection,

m) Title insurance license, for title msur- ance, and

n) Lender' s property insurance license, forproperty insurance on the personal property of adebtor to secure the repayment of the amountborrowed from a lender

2) The director may require indorsementson licenses enumerated in subsection ( 1) of thissection evidencing particular qualifications forthe transaction of a class or subclass of insurance

as determined by the director to be necessary forthe protection of the insurance - buying public11967 c 359 § 536, 1971 c 231 § 30, 1973 c 515 §3, 1977 c 174 § 2,

1979 c 501 § 5, 1981 c 817 § 2, 1987 c 774 § 138, 1987 c 916 §91

SUPERSEDED

744. 135 INSURANCE

744 120 ( Repealed by 1967 c 359 § 7041744 125 11959 c 367 § 1, 1967 c 359 § 501, renumbered

7416661

744 130 [ Amended by 1955 c 226 § 1, 1967 c359 §502, renumbered 743 6691

744. 135 Licensing of firm or corporateagency. ( 1) Each Individual exercising thepowers conferred by an agent' s license issued to afirm or corporation shall qualify and otherwise besubject to the Insurance Code as though an individual licensed agent, except that no Individual

agent' s license shall be required

2) The director shall be notified promptly onstandard forms prescribed and furnished by thedirector of all changes in personnel required to benamed or designated pursuant to ORS 744 0653) The director shall collect fees in such

amounts, as though for an Individual agent foreach Individual designated by the firm or corporation as exercising the powers conferred by Itslicense and with respect to whom fees have not

previously been collected for the continuation ofappointment of the firm or corporate agent forthe current year

3) Except for nonresident agent' s licenses, no agent' s license shall be issued to a firm orcorporation that does not have an office in this

state managed by an Individual who has beendesignated as exercising the powers conferred bythe license The firm or corporation shall at alltimes maintain such an Individual as the managerof such office [ 1967c359§ 537 1973c89§ 21

744 140 [ Repealed by 1967 c 359 § 7041

744. 145 Number of appointmentsunder one agent' s license. A licensee mayrepresent as agent under one license as manyinsurers as may appoint the licensee therefor inaccordance with ORS 744 155 11967 c 359 § 5381

744 150 [ Repealed by 1967 c 359 § 704]

744. 155 Appointment of agents. ( 1)

Each insurer appointing an agent in this stateshall file in writing with the director notice of theappointment, specifying the name and address ofthe agent and the class or classes of insurance orsubclasses thereof to be transacted by the agentfor the insurer, and pay the fee for the appointment as stated in ORS 731 804 One appointmentfee shall cover all of the classes of insurance so tobe transacted by the agent for the one insurerunder the one license authorizing the transactionof such classes

2) If the appointment includes any class of

insurance, other than surety insurance, which istransacted under a general lines insurance licenseas provided in ORS 744115, the insurer shall

state thereon, with respect to such class, that theagent so appointed has authority to solicit, negotiate and effect policies of insurance on behalf ofthe insurer

3) A filing of notice of an agent' s appointment with the director under this section shallnot be construed to be constructive notice to thegeneral public of the scope of the authority ofsuch agent

4) Each such appointment shall remain on

effect until the agent' s license Is revoked, hasexpired or has otherwise terminated, unless writ-

ten notice of earlier termination of the appointment Is filed with the director

5) Each insurer shall pay annually the continuation fee set forth in ORS 731 804 for each

agent holding an appointment on the annualcontinuation date assigned the agents of suchinsurer

6) The dates for annual continuation of

appointments of agents by various insurers maybe staggered throughout the year by the directorby notifying each such insurer in writing of theannual continuation date being assigned itsagents and by making appropriate adjustment inthe annual continuation of appointment fee 11967c359 §539. 1971 c 231 § 31, 1975 c 769 § 51

744 160 ( Repealed by 1967 c 359 §7041

744. 165 Insurance agent as agent ofInsurer; exception for group policies. ( 1) Except as provided in a group contract of insurance under subsection ( 2) of this section, anyperson who solicits or procures an application forinsurance shall in all matters relating to theapplication for Insurance and the policy issued in

consequence of the application be regarded as theagent of the insurer issuing the policy and not theagent of the insured Any provisions in theapplication and policy to the contrary are invalidand of no effect whatever

2) A group contract of insurance and theindividual certificate issued pursuant to the

group contract may contain provisions statingwhether the group policyholder acts as the agentof the individual Insured or whether the grouppolicyholder acts as the agent of the insurer

Formerly 739 520, 1971 c 231 § 32, 1983 c 265 § 11

744 170 ( Repealed by 1967 c 359 § 7041

744. 175 Termination of appointment.

An Insurer may terminate an agency appointment at any time, but such termination shall bewithout prejudice to the contract rights, if any, of

the agent so terminated The insurer shall

promptly give written notice of such terminationand the date thereof to the director, and to the

878

SUPERSEDED


agent where reasonably possible The directormay require of the Insurer reasonable proof thatthe Insurer has given such notice to the agent

1967 c 359 $ 541 1975 c 769 § 61

744 180 [ Repealed bl 1967 c 359 § 7041

744. 185 Place of business. ( 1) Except

for nonresident agents, every agent shall have andmaintain in this state a place of business accessi-

ble to the public, wherein the licensee principallyconducts transactions under a license Theaddress of such place shall appear upon the

license, and the licensee shall promptly notify thedirector of any change thereof Nothing in thissection shall prohibit maintenance of such place

of business in the licensee' s place of residence inthis state

2) The agent shall keep at such place ofbusiness the usual and customary records pertaining to transaction under a license All suchrecords as to any particular transactions shall bekept available and open to the Inspection of thedirector at any business time and, with respect toInsurance placed, for three years following theexpiration thereof 1196" c 359 § 5421

744 190 [ Repealed bN 1967 c 359 § 7041

744. 195 Temporary licenses. ( 1) In the

event of the death, disability, refusal to act orinduction Into active duty in the Armed Forces ofthe United States of an agent holding an appointment from an insurer where no other agent in theagency is authorized to represent such insurer, the insurer may appoint another person, who isotherwise qualified except for passing a writtenexamination and the director may issue a temporary license to such person, enabling the person torepresent such insurer as agent The fee for issu-

ance of a temporary agent' s license shall be asprovided in ORS 731 804

2) Each such temporary license shall be for aperiod of not over 90 days, subject to extension bythe director in the discretion of the director for anadditional period of not to exceed 90 days, at theend of which period and any extension thereof, the license shall expire 11967 c 359 § 5431

744 200 [ Repealed b 1967 c 359 § 7041

744.205 Continuation of licenses; continuing education requirements. ( 1) Anagent' s license shall continue In force until sus - pended, revoked or expired

2) An agent' s license shall automaticallyexpire when the agent no longer holds anyappointments as agent for an authorized insurerfor any of the classes of insurance transactedunder the license

3) As a condition to or in connection withthe continuation of any agent license the directormay require the licensee to file Information withthe director relative to use made of the licenseduring the previous year, and especially showingwhether the license has been used principally forthe writing of personal or controlled Insurance, asdefined in ORS 746 065

4) The director may require an agent, as acondition for continuation of the license of theagent, to fulfill any or all of the requirements thenapplicable to the original Issuance of the license

5) The director by rule may establishrequirements for continuing education for resident agents as a condition for continuation oftheir licenses The hours of education so requiredshall not exceed 45 hours annually during the firstfive years an individual is licensed, 24 hoursannually during the next five years an individualis licensed, and 12 hours annually for individualslicensed for more than 10 years or for Individualswho have received the designation C P C U , C L U , or comparable degree recognized by thedirector Continuing education shall not berequired for

a) Any person to whom a license is Issuedwithout examination pursuant to ORS 744 0853), ( 6), ( 7) or ( 8), or

b) Any retired person, if the person is 65years of age or more, has 15 years' experience as alicensed agent and requests exemption from therequirement 11967 c 359 § 544, 1977 ,. 820 42 1979 c 501

6, 1981 c 817 § 3 1983 c 76 § 61

744.215 Insurance vending machines. 1) A licensed resident agent authorized to Issue

policies ofpersonal travel accident insurance maysolicit applications for and Issue such policies bymeans of mechanical vending machines super- vised by the agent and placed at airports, railroadstations, bus stations and similar places wheretransportation tickets are sold, if the directorfinds

a) That the policy provides reasonable coverage and benefits and Is reasonably suited forsale and Issuance through vending machines, andthat such use of a vending machine In the particular proposed location would be of material convenience to the traveling public,

b) That the type of vending machine proposed to be used is reasonably suitable and practical for the purpose,

c) That reasonable means are provided forInforming the prospective purchaser of the coverage and restrictions of the policy, and

d) That reasonable means are provided forrefund to the applicant or prospective applicant

879

SUPERSEDED

744. 225 INSURANCE

of money inserted in a defective machine and forwhich no insurance, or a lesser amount than paid

for, is actually received2) As to each machine so approved by the

director for use, the director shall issue to the

agent a vending machine license The licenseshall specify the name and address of the insurerand agent, the identification of the policy to besold, the serial number of the machine and theplace where it is to be in operation The licenseshall be subject to annual continuation and to

suspension, revocation or expiry coincidentally

with that of the agent The director shall also

revoke the license for any machine as to whichthe director finds the conditions upon which itwas licensed, as set forth in subsection ( 1) of thissection, no longer exist The license fee shall be asstated in ORS 731 804 for each license year orpart thereof for each vending machine Proof ofthe existence of a subsisting license shall bedisplayed on or about each such vending machinein use, in such manner as the director reasonably

may require [ 1967 t 359 § 5451

744. 225 Trust account for premiumfunds, commingling; penalty; exceptions.

1) All premium funds received by an agent orsolicitor acting in a fiduciary capacity shall beaccounted for and maintained in a trust account

separate from all other business and personal

funds

2) Except as provided in subsection ( 3) ofthis section, an agent or solicitor shall not com-

mingle or otherwise combine premiums with any

other moneys

3) An agent or solicitor may commingle withpremium funds in the trust account required bysubsection ( 1) of this section any additional fundsthe agent or solicitor deems prudent for the

purpose of advancing premiums, establishing

reserves for the paying of return premiums, or forany contingencies that may arise in the course ofreceiving and transmitting premium or returnpremium funds

4) Violation of this section shall be groundsfor the director to take appropriate action pur-

suant to ORS 744 255

5) Each violation of this section is a misdemeanor

6) This section does not apply to any state - chartered bank, banking institution, nationalbank, savings bank or stock savings bank asdefined in ORS 706 005, savings association as

defined in ORS 722 004, credit union as definedin ORS 723 006 and federally- chartered creditunion or any entity licensed under ORS chapter725 or 726 11987 c 569 § 21

Note 744 225 was added to and made a part of ORSchapter 744 but was nut added to any smaller series therein hilegislanit action See Preface to Oregon Re, iced Statute, for

further explanation

DENIAL AND TERMINATION OFLICENSES GENERALLY

744.255 License suspension, revocation or refusal to continue. ( 1) The directormay suspend for not more than 12 months, ormay revoke or refuse to continue, any licenseissued under ORS 744 105, 744 505 or 744 615 ifthe director finds that as to the licensee any one

or more of the following grounds exist

a) The conduct of the licensee is a ground forwhich an application for a license may be denied

b) The licensee has obtained or attempted toobtain the license through fraud or through wilfulmisrepresentations or wilful misstatements as to

any material matter

jc) Violation of or noncompliance with anyapplicable provision of the Insurance Code or anylawful rule or order of the director

d) Misappropriation or conversion to the

licensee' s own use, or illegal withholding, of

money or property belonging to policyholders, insurers, beneficiaries or others, and received bythe licensee in the conduct of business under thelicense

e) Conviction, by final judgment, in anyjurisdiction, of an offense which if committed in

this state, constitutes a misdemeanor involving

moral turpitude or a felony, or is punishable bydeath or imprisonment under the laws of theUnited States The record of a conviction for anoffense described in this paragraph shall be conclusive evidence

f) Material misrepresentation of the terms of

any insurance policy or proposed insurance pol-

icy

g) Use of a fraudulent or dishonest practiceby the licensee in the conduct of business underthe license, or demonstration therein that thelicensee is incompetent, untrustworthy or a

source of injury and loss to the public or others2) The agent' s license of a firm or corpora-

tion may be suspended, revoked or refused continuance for any of the causes set forth insubsection ( 1) of this section as exist relating to

any individual designated to exercise the powersconferred by the license [ 1967 c 359 § 546 1969 c 336

15 1983 c 76 § 7 1995 c 697 § 15, 1997 c 774 § 1411

744. 260 Condition of probation onlicense; revocation during probationary

880

SUPERSEDED


period; right to hearing. ( 1) At the time oforiginal issuance of an agent' s, adjuster' s, surplus

line or insurance consultant's license, if groundsexist for the refusal of the license, the directormay place a condition of probation for a periodnot to exceed two years on the license

2) If grounds exist for the suspension orrevocation of an agent' s, adjuster' s, surplus line or

insurance consultant' s license, the director after ahearing may instead place a condition of probation for a period not to exceed two years upon thelicense

3) During a probationary period under thissection, the director may revoke a license bygiving notice of revocation to the licensee

4) If the director places a condition of probation upon a license at the time of original issuance, the applicant shall have the same right to ahearing as if the license had been refused [ 1971c 231 § 9. 1983 c 76 § 8, 1985 c 697 § 16)

744.265 Return of agent' s, adjuster' sor surplus line license. ( 1) All licenses issuedand delivered to the agent, adjuster or surplus linelicensee shall be at all times the property of thisstate Upon any suspension, revocation or expiryof the license the licensee or other person havingpossession or custody of the license immediatelyshall deliver it to the director either by personaldelivery or by mail

2) The director may accept, in lieu of returnof any license lost, stolen or destroyed, the affida- vits of the licensee and all other persons responsi-

ble for or involved in the safekeeping of suchlicense, concerning the facts of such loss, theft ordestruction [ 1967 c 359 §547, 1983 c 76 § 91

744 305 [ Formerly 750 010, repealed by 1987 c 7741541

744 310 [ Repealed by 1967 c 359 § 7041

744 315 1Formerly 750 020, 1981 c 455 § 1, repealed by1987 c 774 § 1541

744 320 [ Amended by 1959 c 369 § 5 repealed by 1967c 359 $ 7041

744 325 [ 1967 c 359 § 550, repealed by 1987 c 774 § 154)

744 330 [ Repealed by 1967 c 359 § 704]

744 335 11967 c 359 § 551, 1981 c 455 § 2, repealed by1987 c 774 § 1541

744 340 [ Repealed by 1967 c 359 § 7041

744 345 [ Formerly 750040, repealed by 1987 c 7741541

744 350 [ Repealed by 1967 c 359 § 7041

744 355 [ Formerb, 750050 repealed by 1987 c 774154]

744 360 [ Repealed b) 1967 c 359 § 7041

a

744 365 [ 1967 c 359 §554 repealed b) 1987c 774 § 1541

744 370 [ Repealed by 1967 c 359 § 7041

744 375 [ Formerly 750060, repealed b) 1987 c 7741541

744. 380 [ Repealed b) 1967 c 359 § 704)

744 385 [ Formerly 750 100 repealed by 1987 c 774154]

744 390 [ Repealed by 1967 c 359 § 7041

744 395 [ Repealed by 1967 c 359 § 704]

744 396 [ Formerly 750080, repealed by 1987 c 7741541

744 400 [ Repealed by 1967 c 359 § 7041

744 405 [ Formerly 750 090, 1979 c 870 § 7, repealed by1987 c 774 § 1541

744 410 [ Amended by 1963 c 463 § 1, repealed by 1967c 359 § 7041

744 420 [ Amended b) 1953 c 322 § 2, 1963 c 463 § 2,

repealed by 1967 c 359 § 7041

744 430 [ Amended by 1955 c 226 § 2, 1963 c 463 § 3, 1967 c 359 $ 503, renumbered 743 672]

744 440 [ Amended by 1967 c 359 § 504, renumbered743 b751

744 450 [ Amended by 1967 c 359 § 505, renumbered7416781


744 470 [ Repealed by 1967 c 359 § 704]

744 480 [ Repealed by 1967 c 359 § 7041

744 490 [ Repealed by 1967 c 359 § 7041

744 500 [ Repealed by 1967 c 359 §7041

ADJUSTERS

744. 505 Adjuster license required. ( 1) Except as provided in ORS 744 515, any personacting in this state as an adjuster of losses

claimed under insurance policies, whether actingfor the insurer or the insured, shall obtain alicense from the director A license authorizes anadjuster to adjust losses for or against authorizedinsurers or insurers with which policies were

placed under a surplus line insurance license asprovided in ORS 735 400 to 735 495 and 735 990The fee for the license is provided in ORS731 804

2) A separate license shall be obtained for

each loss adjusted under a policy issued by anunauthorized insurer, except as provided in sub-

section ( 1) of this section No such loss shall be

adjusted without notifying the director and paying the license fee as provided in ORS 731 804prior to entering upon adjustment of the lossFormerly 736 485, 1983 c 76 § 10, 1987 c 774 § 1391

744. 510 [ Repealed by 1967 c 359 § 704]

SUPERSEDED

744. 515 INSURANCE

744. 515 Exemptions from adjuster

licensing requirement. ( 1) A licensed residentagent or salaried employe or officer of an author-

ized insurer may adjust and settle losses for theinsurer which the agent, employe or officer repre-

sents, without obtaining an adjuster' s license2) A person may make one adjustment

before obtaining an adjuster' s license if the person applies for the license within two days afterentering upon the adjustment, and in all otherrespects complies with ORS 744 505 to 744 575

3) A person holding a temporary permitunder ORS 744 555 may perform acts authorizedunder ORS 744 555 without obtaining anadjuster' s license

4) Any average adjuster or adjuster of maritime losses may adjust maritime losses withoutobtaining an adjuster' s license

5) A person may perform or provide repair orreplacement service under home protection

insurance without obtaining an adjuster' s license11967 c 359 $ 560 1971 c 291 § 13 1981 c 247 § 19 1983 c 76

111

744 520 [ Repealed by 1967 c 959 § 7041

744. 525 Adjuster qualifications. Thedirector may not license an individual as anadjuster unless the individual has furnished evidence satisfactory to the director that the indi-

vidual meets all of the following qualifications1) The individual must be at least 18 years of

age

2) The individual must be a bona fide resident of this state, or is a resident of a state thatallows residents of this state to act as adjusters in

that state

3) The individual must have had experience, education, or special training with reference tohandling of loss claims under insurance policiesof sufficient duration and extent to make theindividual competent to fulfill the responsibilities

of an adjuster

4) The individual must have passed success-

fully any examination required by ORS 744 5355) The individual must not have been con-

victed in any jurisdiction of an offense which, ifcommitted in this state, constitutes a misde-

meanor involving moral turpitude or a felony, oris punishable by death or imprisonment underthe laws of the United States in a conviction foran offense described in this subsection, the recordof the conviction shall be conclusive evidence, except in the case of an applicant having specialmerit as determined by the director [ 1967 059

561 1971 c 291 § 94, 1973 c 827 § 81, 1983 c 76 § 121

744 530 11957 c 247 § I repealed by 1967 c 459 97041

744. 535 Adjuster licensing examination; fee. ( 1) Each applicant for a license as anadjuster shall take and pass an examination given

by the director as a test of the qualifications, competence and knowledge of the applicant,

except that this requirement shall not apply to

a) An applicant for the renewal of an

adjuster' s license in force on September 2, 1963. or reissued thereafter, or

b) An applicant who is licensed as an independent adjuster in another state which licensesadjusters of this state without examination

2) Each such examination shall be as thedirector prescribes and shall be of sufficient scope

to test the applicant's knowledge of the classes ofinsurance which may be dealt with under thelicense requested and also knowledge of the dutiesand responsibilities of an adjuster under the lawsof this state

3) The director shall give examinations atsuch times and places within the state as the

director deems necessary to reasonably serve thebest interests of all concerned, provided that thedirector shall give an examination at least onceevery six months if applications for licenses arethen pending

4) The examination fee is as provided in

ORS 731 804 The fee shall be paid in advanceand shall not be returned to the applicant 11967c 159 95621

744 540 [ 1957 c 247 §2 repealed bN 1967 c, 359 § 7041

744 545 Continuation of adjusterlicense. An adjuster' s license issued under ORS744 505 ( 1) shall continue in force until suspended or revoked, subject to the payment of theannual continuation fee as provided in ORS731 804 [ 1967 c 959 § 563, 1983 e 76 § 131

744 550 [ 1957 0 247 § 3, repealed by 1967 c 359 § 7041

744.555 Temporary adjuster permit. 1) To facilitate the settlement of claims under

insurance policies when there is widespread prop-

erty loss in this state ansmg out of a catastrophe, the director may issue a temporary permit to anyperson authorized in another state to adjustlosses claimed under insurance policies to act asan adjuster in the catastrophe area for or againstan authorized insurer A temporary permit issued

pursuant to this section shall be effective for suchtime as the director in the discretion of thedirector deems necessary and shall be in lieu ofthe license and fee requirements of ORS 744 505and 744 535

2) A temporary permit may be obtained byfiling with the director a written application

882

SUPERSEDED

AGENTS ADJUSTERS AND CONSULTANTS 744.619

therefor in the form prescribed by the directorThe application shall contain the name andaddress of the applicant, the name of the state inwhich the applicant is authorized to adjust lossesclaimed under insurance policies and any otherinformation the director may require

3) Such a permit may also be issued inrespect to any adjuster who is licensed or permitted to act as such in the state of domicile and whois sent into this state on behalf of an authorizedinsurer or insured for the purpose of investigatingor making adjustment of a particular loss underpolicies of insurance [ Formerly 736 4901

744 560 [ 1957 c 247 § 4, repealed by 1967 c 359 § 7041744 565 [ 1957 c 247 § 5, repealed by 1967 c 359 § 704]

744 566 11967 c 359 § 565 repealed by 1969 c 336 § 21]

744 570 11957 c 247 § 6, repealed by 1967 c 359 § 7041

744. 575 Adjusting claims involvingcredit life or credit health insurance. Noplan or arrangement shall be used with respect to

credit life or credit health insurance whereby anyperson other than the insurer or its designatedclaim representative shall be authorized to settle

or adjust clauns The creditor shall not be designated as claim representative for the insurer in

adjusting claims, provided, that a group policyholder may, by arrangement with the groupinsurer, draw drafts or checks in payment ofclaims due to the group policyholder subject toaudit and review by the insurer Formerly 7414551

744 580 [ 1957 c 247 § 7, repealed by 1967 c 359 § 704]

744 590 [ 1957 c 247 § 8, repealed by 1967 c 359 § 7041744 600 11957 c 247 § 9, repealed by 1967 c 359 § 704

CONSULTANTS

744.605 Insurance consultant' s licenserequired. A person may not act as an insuranceconsultant unless the person has obtained a validinsurance consultant' s license under ORS744 615 For purposes of this section, a personacts as an insurance consultant

1) If the person purports to provide or offersto provide the services described in subsection ( 2) of this section by using, in conjunction with theperson' s name, the title or designation of insurance consultant, adviser or counselor, or financial

and insurance planner, consultant, adviser orcounselor, or any similar title or designation, or

2) if the person, in exchange for any form ofcompensation, does, attempts to do or offers to doany of the following

a) Acts as a consultant regarding insuranceb) Gives advice regarding insurance

883

c) Renders an opinion regarding insuranced) In any other manner provides informa-

tion about insurance [ 1985 c 697 § 2]

744. 609 Exemptions. The prohibition inORS 774 605 does not apply to the followingpersons

1) Any attorney -at -law rendering services inthe performance of duties of an attorney -at -law

2) Any certified public accountant or publicaccountant rendering services in the performanceof the duties of a certified public accountant orpublic accountant, as authorized by law

3) Any authorized insurer or any licensedagent

4) Any person who, while conducting aneducational seminar, performs any of the activities described in ORS 744 605 ( 2)

5) Any bank, national bank, state orfederally chartered mutual savings bank, state orfederally chartered savings and loan association, state or federally chartered credit union or consumer finance licensee under ORS chapter 725

6) Any resident of another state who islicensed or registered under a regulatory programof the other state that is similar to ORS 744 605to 744 665, as determined by the director 11985c 697 §31

744 610 11957 c 247 § 10, repealed by 1967 c 359 §7041744.615 Issuance of insurance consul-

tant' s license. ( 1) The director shall issue aninsurance consultant' s license to a person who

a) Meets the qualifications under ORS744 619

b) Submits an application under ORS744625,

c) Takes and passes the examination underORS 744 629, and

d) Satisfies the bond and insurance requirements under ORS 744 635

2) The director shall not issue an insuranceconsultant' s license to any person who does notsatisfy each of the qualifications listed in subsec-

tion ( 1) of this section The director promptlyshall notify each person to whom the director

refuses to issue a license and shall state in thenotice the grounds for the refusal.

3) An applicant may demand a hearing on arefusal to issue a license The applicant mustmake the demand not later than the 60th dayafter the date of the notice of the refusal [ 1985c 697 § 41

744.619 Qualifications for insuranceconsultant' s license. A person applying for aninsurance consultant's license

SUPERSEDED

744. 625 INSURANCE

1) Must be at least 18 years of age

2) Must have had at least five years' experience in the Insurance business or have equivalenteducational qualifications as prescribed by thedirector

3) Must be

a) A resident of this state, or

b) A resident of an adjoining state and

regularly employed In this state or carrying on abusiness in this state

4) Must not have violated any criminal lawthat the director determines to have a bearing onthe ability of the person to act as an insuranceconsultant in a manner consistent with the protection and welfare of the public

5) Must satisfy any other requirementsestablished by the director [ 1985 c 697 § 51

744 620 [ 1957 c 247 § 11, repealed by 1967 c 459 § 7041

744. 625 Application for insurance consultant' s license. ( 1) An applicant for an insurance consultant' s license shall apply to thedirector in writing on forms prescribed and furnished by the director The application shallInclude the following Information

a) The applicant' s age, business address inthis state, residence address, present occupation,

occupation for the last five years, the portion of

time to be devoted to the insurance business, previous insurance experience, including applica-

ble education, and the names of employers duringthe five years last preceding

b) Whether the applicant has ever beenconvicted of or is under indictment for a crime, whether the applicant has ever had a judgmententered against the applicant for fraud, whether

any Insurer or agent claims the applicant isindebted to It and the details of any such indebtedness, and whether any license of the applicantto act in any occupational or professional capacity has ever been refused, revoked or suspended inthis or any other state

c) The applicant' s fingerprints

d) The class or classes of insurance regarding

which the person will act as an insurance consul-

tant, in accordance with the categories under

ORS 744 115

e) Whether the applicant is licensed as anagent under ORS 744 105 or as an adjuster under

ORS 744 505

f) Any other information that the directormay require

2) The applicant shall make sworn state-

ments and answers as required by the director tointerrogatories included in the application

3) The director may require evidence satis-

factory to the commissioner as tii any information required in the application

4) Each application shall be accompanied bythe applicable license and examination fees Theexamination fee shall not be returned

5) The director may not require an applicantto be licensed as an agent or adjuster or have awritten appointment by an Insurer authorized todo business in Oregon [ 1965 c 697 § 6, 1987 c 774 $ 1421

744.629 Examination. ( 1) Each applicant for an insurance consultant' s license shallpass a written examination given by the director

2) The director shall prescribe the examination, which shall be of sufficient scope to test eachapplicant' s qualifications, competence and

knowledge regarding the classes of insurance thatmay be dealt with under the license requested

3) The director shall give examinations atsuch times and places within the state as thedirector decides to be necessary [ 1985 c 697 § 71

744 630 11957 c 247 § 12, repealed by 1967 c359 §7041

744.635 Bond and insurance. Beforereceiving an insurance consultant' s license

1) An applicant shall execute and deliver tothe director a bond in the penal sum of $5, 000that is in the form and issued by a surety orsureties approved by the director

2) An applicant shall file with the director acurrent certificate of errors and omissions insur-

ance with limits of not less than $ 1 million peroccurrence from an insurer authorized to do business in this state 11985 c 697 § 81

744.639 Contents of insurance consultant' s license. An insurance consultant' slicense shall state the name and address of theinsurance consultant, the address of the insurance consultant's place of business, the date ofissue, the date of expiration and the conditions, if

any, of the license [ 1985 c 697 § 91744 640 [ 1957c 247 913, repealed by 1967c 459 § 7041

744. 645 Place of business. ( 1) An insurance consultant shall maintain in this state aplace of business at which the insurance consul-

tant principally conducts transactions under thelicense An insurance consultant shall notify thedirector promptly of any change of the place ofbusiness of the insurance consultant

2) The place of business of an insuranceconsultant must be accessible to the public Aninsurance consultant may maintain the place ofbusiness at the residence of the insurance consul-

tant

884

SUPERSEDED


3) An insurance consultant shall keep at theplace of business the usual and customary recordspertaining to transactions under the license Allrecords as to any particular transactions shall bekept available and open to the inspection of thedirector at any business time and for three yearsfollowing the conclusion of the particular transaction [ 1985c697 § 101

744. 650 Disclosure by insurance consultants. ( 1) An insurance consultant shall furnish to each client and prospective client awritten disclosure statement containing suchinformation as the director requires by rule Thedirector shall require that at least the followinginformation be included in a disclosure statement

a) The applicable occupational and educational background of the insurance consultant

b) The area or areas of insurance in whichthe insurance consultant has particular expertise

c) The fee schedule and any other expensesthat the insurance consultant charges, andwhether fees may be negotiated

d) The name of any person that the insurance consultant represents

e) Whether the insurance consultant willreceive any commission or obtain any other compensation for services provided the client in addition to fees and other expenses paid by the client

2) An insurance consultant shall disclose toeach client information required by the directorby rule in the course of providing insuranceconsultant services to the client and before theinsurance consultant makes any final insurancerecommendation to the client The director shall

885

require an insurance consultant to disclose atleast the following information

a) Other business activities of the insuranceconsultant relating to financial planning

b) The method of investment analysis andcomparison used

c) Assumptions contributing to insurancerecommendations for the client

3) The director may design the form ofdisclosure statement to be used under subsection

1) of this section [ 1985c697§ 111744.655 Rebates prohibited. An insur-

ance consultant may not give or receive or offer to

give or receive a rebate of all or a part of any fee orother expenses charged for services, any commission that the insurance consultant may receive orany earnings, profit, dividends or other benefitaccruing to the insurance consultant from theservices provided by the insurance consultantThis section does not prohibit an insurance con-

sultant from receiving commissions or other compensation for services from any person other thana client or prospective client 11985c697§ 121

744.660 Continuation of insuranceconsultant' s license. An insurance consultant' s license shall continue in force unless thedirector revokes, suspends or refuses to continuethe license [ 1985 c 697 § 131

744. 665 Continuing education. Thedirector by rule may establish requirements forcontinuing education that each insurance consultant must satisfy as a condition for continuationof the license [ 1985 c 697 § 14]

744 990 [ Repealed by 1967 c 359 § 7041

SUPERSEDED

INSURANCE

886

SUPERSEDED

Chapter 745


1987 reprint)

Marine Insurance

745 005 Amended by 1967 c 359 § 38, renumbered 745 330 Repealed by 1967 c 359 § 7041731 1741

745 335 Repealed by 1967 c 359 § 7041745 010 Repealed by 1967 c 359 § 704] 745 340 Repealed by 1967 c 359 §704] 745 015 Repealed by 1967 c 359 § 7041 745 345 Repealed by 1967 c 359 §7041745 020 Repealed by 1967 c 359 § 7041 745 350 Repealed by 1967 c 359 § 7041745 025 Repealed by 1967 c 359 § 7041 745 355 Repealed by 1967 c 359 § 704]

745 105 Repealed by 1967 c 359 § 704] 745 405 Repealed by 1967 c 359 § 7041745 110 Repealed by 1967 c 359 § 704] 745 410 Repealed by 1967 c 359 § 704]

745 115 Repealed by 1967 c 359 § 7041 745 415 Repealed by 1967 c 359 § 7041

745 120 Repealed by 1967 c 359 $ 704] 745 420 Repealed by 1967 c 359 § 7041

745 125 Repealed by 1967 c 359 § 7041 745 425 Repealed by 1967 c 359 §7041


745 135 Repealed by 1967 c 359 § 7041 745 435 Repealed by 1967 c 359 57041


745 145 Amended by 1967 c 359 § 136, renumbered 745 445 Repealed by 1967 c 359 § 704]

131 8241 745 450 Repealed by 1967 c 359 97041

745 150 Amended by 1967 c 359 § 137 renumbered 745 455 Repealed by 1967 c 359 §704] 7318281 745 460 Repealed by 1967 c 359 § 7041

745 155 Repealed by 1967 c 359 § 704] 745 505 Repealed by 1967 c 359 §7041




745 215 Repealed by 1967 c 359 § 7041 745 525 Repealed by 1967 c 359 § 704]

745 220 Repealed by 1967 c 359 § 704] 745 530 1Repealed by 1967 c 359 § 7041

745 225 Repealed b) 1967 c 359 §704] 745 535 Repealed by 1967 c 359 § 704]

745 230 Repealed by 1967 c 359 § 704] 745 540 Repealed by 1967 c 359 § 7041

745 305 Repealed by 1967 c 359 § 704 745 545 Repealed by 1967 c 3.59 § 704]


745 315 Repealed by 1967 c 359 § 704] 7 45 555 jRepealed by 1967 c 359 §7041

745 320 Repealed by 1967 c3,59 § 704] 745 560 Repealed by 1967 c 359 §704]

7 45 990 Repealed by 1967 c 359 § 7041745 326 Repealed by 1967 c 359 § 704]

887

SUPERSEDED

INSURANCE

0

SUPERSEDED

Chapter 746


Trade Practices

889

746 220 Debtor' s option in furnishing credit life orcredit health insurance

746 230 Unfair claim settlement practices

746 240 Undefined trade practices injurious to puh- lie prohibited

746 260 Driving record not to be considered in issuance of motor vehicle insurance

746 265 Purposes for which abstract Of nonemployment driving record may be considered

746 270 Use of past investment or predicted futureinvestment experience in sale of variable

life insurance policies

746 275 Definitions for ORS 746 275 to 746 285

and 746 289 to 746. 300

746 280 Designation of particular motor vehicle

repair shop by insurer prohibited

746 285 Notice of prohibition in motor vehiclerepair shops, size, location

746 287 Insurer requirement of installation of

aftermarket crash part in vehicle

746 289 Insurer offer of crash part warranty

746 290 Notice of prohibition in policies and byadjusters

746 292 Motor vehicle repair shops, invoices, esti-

mates, warranties, prohibited practices

746 295 Proof and amountof less under motor vehi-

cle liability policies, determination byinsurer

746 300 Liability of insurers and motor vehiclerepair shops for damages, attorney fees

746 305 Rules

UNAUTHORIZED INSURANCE

746 310 Representing or aiding unauthorizedinsurer prohibited, agent liable to insured

746 320 Service of process equivalent to personalservice on unauthorized foreign or alieninsurer

746 330 Judgment by default after service of process under ORS 746 320

746 340 Conditions to be met by defendant unauthorized insurer before filing motions orpleadings

746. 350 Attorney fee allowable to plaintiff

746 360 Exceptions to application of unauthorizedinsurer service of process law

746 370 Records of insureds

PREMIUM FINANCING


746 415 License required for premium financing

746 425 Applicability of ORS 746. 405 to 746 530

GENERAL PROVISIONS

746 005 Trade practices exempted from prohibi-

tions

746 015 Discriminations, noncompliance, hearing746 018 Discrimination in issuance of burglary,

theft, robbery or casualty policies prohibited

746 025 Securities or other contracts" inducementto insurance

746 035 Inducements not specified in policy746 045 Rebates

746 055 Title insurance commissions, rebates anddiscounts

746 065 Personal or controlled insurance

746 075 Misrepresentation generally

746 085 Regulating replacement of life insurance, compensation of agents

746100 Misrepresentation in insurance applications or transactions

746 110 False, deceptive or misleading statements

746 120 Illegal dealing in premiums

746 130 Free" insurance as inducement to sale or

rental of property, exceptions, charges in

accordance with filed rates

746. 140 Sale of life insurance with securities, written proposal, application of securities law

746 145 Workers' compensation insurance, com-

bination of experience of group of employ - ere, purpose, conditions

746150 Other insurance, combination of experi-

ence of group of persons or risks, purpose,

conditions

746 155 Applicability of ORS 746 145 and 746 150746 160 Practices injurious to free competition

746 180 Designation of property insurer by lenderprohibited

746182 Notice by certain financial institutionsprior to sale of insurance policy


746 192 Right of borrower to select propertyinsurer, notice to borrower

746 195 Insurance on property securing loan orcredit; certain practices by [ ending institutions prohibited

746 201 Lending institution to obtain requiredproperty insurance when borrower doesnot

746 205 ORS 746 185 to 746 205 not applicable tocertain policies of insurance

746 211 ORS 746 185 to 746 195 not applicable to

bank holding companies

889

746 220 Debtor' s option in furnishing credit life orcredit health insurance

746 230 Unfair claim settlement practices

746 240 Undefined trade practices injurious to puh- lie prohibited

746 260 Driving record not to be considered in issuance of motor vehicle insurance

746 265 Purposes for which abstract Of nonemployment driving record may be considered

746 270 Use of past investment or predicted futureinvestment experience in sale of variable

life insurance policies


and 746 289 to 746. 300

746 280 Designation of particular motor vehicle

repair shop by insurer prohibited

746 285 Notice of prohibition in motor vehiclerepair shops, size, location

746 287 Insurer requirement of installation of

aftermarket crash part in vehicle

746 289 Insurer offer of crash part warranty

746 290 Notice of prohibition in policies and byadjusters

746 292 Motor vehicle repair shops, invoices, esti-

mates, warranties, prohibited practices

746 295 Proof and amountof less under motor vehi-

cle liability policies, determination byinsurer

746 300 Liability of insurers and motor vehiclerepair shops for damages, attorney fees

746 305 Rules


746 310 Representing or aiding unauthorizedinsurer prohibited, agent liable to insured

746 320 Service of process equivalent to personalservice on unauthorized foreign or alieninsurer

746 330 Judgment by default after service of process under ORS 746 320

746 340 Conditions to be met by defendant unauthorized insurer before filing motions or

pleadings

746. 350 Attorney fee allowable to plaintiff

746 360 Exceptions to application of unauthorizedinsurer service of process law

746 370 Records of insureds

PREMIUM FINANCING


746 415 License required for premium financing

746 425 Applicability of ORS 746. 405 to 746 530

SUPERSEDED

INSURANCE

746 435 License application, renewal, denial

746 445 Qualifications of licensee, investigation,

746 605

hearing

746 455 License revocation, suspension

746 465 Records required of licensees, form, inspec-

746 615

tion

746 470 Prohibition against interfering with pre -

746 625

mium financing recommendation

746 475 Premium finance agreements, contents,

746 670

form, delivery, notice to insurer

746 485 Regulation of service charge for premium

financing, method of computation, prepay-

746 680

ment

746 495 Delinquency charges regulated

746 505 Cancellation of policy by premium financecompany, notice required, effective date ofcancellation

746 515 Return of unearned premiums on cancella-

tion

746 525 Agreement effective as security interest

746 530 Attorney fees

USE AND DISCLOSURE OF INSURANCE

INFORMATION


746 650

and 750 055

746 605 Purpose

746 610 Application of ORS 746 600 to 746 690and 750 055

746 615 Pretext interviews prohibited

746 620 Notice of insurance information practices

746 625 Marketing and research surveys

746 630 Content of disclosure authorization forms

746.635 Investigative consumer reports

746 640 Access to recorded personal information

746 645 Correction, amendment or deletion of

PENALTIES

746 991 Criminal penalties

CROSS REFERENCES

Definitions and general provisions applicable, 731004 in

731 194

Home solicitation sales, insurance excepted, 83 710

Insurance Code defined, 731004

Unfair and deceptne trade practices generally, Ch 646Workers' compensation insurers, manner of operation.

Ch 656

890

recorded personal information

746 650 Reasons for adverse underwriting decisions

746 655 Information concerning previous adverse

underwriting decisions

746 660 Rasing adverse underwriting decision onprevious adverse decision

746. 665 Limitations and conditions on disclosure ofcertain information

746 670 Investigatory powers

746 675 Service of process on out -of -state insur-

ance-support organizations

746 680 Remedies

746 685 Liability for disclosure of information

746 690 Obtaining information under false pretenses prohibited

PENALTIES


CROSS REFERENCES

Definitions and general provisions applicable, 731004 in

731 194

Home solicitation sales, insurance excepted, 83 710

Insurance Code defined, 731004

Unfair and deceptne trade practices generally, Ch 646Workers' compensation insurers, manner of operation.

Ch 656

890

SUPERSEDED

TRADE PRACTICES 746.015

GENERAL PROVISIONS

746.005 Trade practices exempted

from prohibitions. Nothing in this chaptershall apply to wet marine and transportationinsurance or prohibit any of the following practices.

1) In the case of life insurance policies,

paying bonuses to policyholders or otherwiseabating their premiums in whole or in part out ofsurplus accumulated from nonparticipatinginsurance, provided that any such bonuses orabatement of premiums shall be fair and equitable to policyholders and for the best interests ofthe insurer and its policyholders,

2) In the case of industrial life insurance

policies, making allowance to policyholders whohave continuously for a specified period madepremium payments directly to an office of theinsurer, in an amount which fairly represents thesaving in collection expense,

3) Readjustment of the rate of premium for a

group life or health insurance policy based on theloss or expense experience thereunder, at the end

of the first or any subsequent policy year, whichmay be made retroactive only for such policyyear,

4) Extension of credit for payment of pre-

miums without any service charge or interest bythe insurer or agent for a period of not more than

90 days after the end of the month in which the

policy becomes effective, 5) Practices authorized pursuant to ORS

733 220 and 733 230,

6) The issuing of life or health insurancepolicies on a salary savings, bank draft, pre- authorized check or payroll deduction plan or

similar plan at a reduced rate reasonably related

to the savings made by use of such plan, or

7) The issuing of life or health insurancepolicies at rates less than the usual premium rates

for such policies, or using modifications of premium rates based on amount of insurance, if suchissuance or modification does not result in reduc-

tion in premium rates in excess of savings in

administration and issuance expenses reasonably

attributable to such policies [ Formerly 736 825, 1983c 740 § 2541

746 010 [ Amended by 1961 c 256 § 1, 1967 c 359 §507,

renumbered 743 7021

746.015 Discriminations; non-

compliance; hearing. ( 1) No person shallmake or permit any unfair discriminationbetween individuals of the same class and equal

891

expectation of life, or between risks of essentiallythe same degree of hazard, in the availability ofinsurance, in the application of rates for insur-

ance, in the dividends or other benefits payableunder insurance policies, or in any other terms orconditions of insurance policies

2) Discrimination by an insurer in theapplication of its underwriting standards or rates

based solely on an individual' s physical handicapis prohibited, unless such action is based on

sound actuarial principles or is related to actual

or reasonably anticipated experience For purposes of this subsection, " physical handicap" shall include, but not be limited to, blindness,

deafness, hearing or speaking impairment or loss, or partial loss, of function of one or more of the

upper or lower extremities

3) Discrimination by an insurer in theapplication of its underwriting standards or rates

based solely upon an insured' s or applicant'sattaining or exceeding 65 years of age is prohibited, unless such discrimination is clearly basedon sound actuarial principles or is related to

actual or reasonably anticipated experience

4) If the director has reason to believe that

an insurer in the application of its underwritingstandards or rates is not complying with therequirements of this section, the director shall,

unless the director has reason to believe the

noncompliance is wilful, give notice in writing tothe insurer stating in what manner such noncompliance is alleged to exist and specifying areasonable time, not less than 10 days after the

date of mailing, in which the noncompliance maybe corrected

5)( a) If the director has reason to believethat noncompliance by an insurer with therequirements of this section is wilful, or if, within

the period prescribed by the director in the noticerequired by subsection ( 3) of this section, theinsurer does not make the changes necessary tocorrect the noncompliance specified by the director or establish to the satisfaction of the directorthat such specified noncompliance does not exist,

the director may hold a hearing in connectiontherewith Not less than 10 days before the date

of such hearing the director shall mail to theinsurer written notice of the hearing, specifyingthe matters to be considered.

b) If, after the hearing, the director findsthat the insurer' s application of its underwritingstandards or rates violates the requirements of

this section, the director may issue an orderspecifying in what respects such violation exists

and stating when, within a reasonable period oftime, further such application shall be prohibited

SUPERSEDED

746.018 INSURANCE

If the director finds that the violation was wilful,

the director may suspend or revoke the certificateof authority of the insurer

6) Affiliated workers' compensation Insurers

having reinsurance agreements which result inone carrier ceding 80 percent or more of itsworkers' compensation premium to the other,

while utilizing different workers' compensationrate levels without objective evidence to support

such differences, shall be presumed to be engaging in unfair discrimination [ 1967 c 359 § 568, 1977c 331 § 1, 1979 c 140 § 1, 1987 c 676 § 2, 1987 c 884 § 531

746. 018 Discrimination in issuance ofburglary, theft, robbery or casualty policies prohibited. ( 1) In cities of 300,000 ormore, and except as provided in subsection ( 3) of

this section, no insurer shall make or permit anyunfair discrimination between risks of essentiallythe same degree of hazard in the issuance of

burglary and theft or robbery insurance policiesor casualty insurance policies which insure

against liability to persons arising out of the useor control of real or personal property other thanmotor vehicles

2) Property insured or persons insuredagainst liability arising out of use or control ofreal or personal property other than motor vehicles, if comparable in other respects in exposures

to the peril insured against, shall not be deemed

to be of different hazard solely because of thegeographic location of the property or the place ofresidence or business of the person to be insured

3) Notwithstanding subsection ( 1) of thissection an insurer may make or permit discrimination between risks of essentially the samedegree of hazard in the issuance of insurancepolicies described in subsection ( 1) of this sectionif the insurer, at the time of the discrimination, insures a percentage of the similar risks at leastequal to the ratio that its premiums for therespective line of business as reported in the

annual statement required by ORS 731 574 forthe second preceding calendar year bears to thetotal premium for the same line of business as

reported by all insurers in the annual statementsrequired by ORS 731 574 for the second preceding calendar year, within a square one mile oneach side centered upon the location of the property, insurance in regard to which the insurerdeclines to issue ( 1971 c 522 42 1973 c 9 § 11

746 020 [ Amended b) 1965 c 610 § 13 repealed by1967 c 359 § 704]

746.025 Securities or other contracts

as inducement to insurance. No person shallsell, agree or offer to sell, or give or offer to give,

directly or indirectly in any manner whatsoever,

shares of stock, securities, bonds, special or

advisory board contracts or agreements of anyform or nature promising returns and profits asan Inducement to insurance No Insurer engagingin or permitting Its representatives to engage insuch practices in this or any other state may beauthorized to do business in this state [ Formed)

7395351

746 030 [ Amended by 1961 c 256 § 2, 1967 c 359 §508renumbered 749 7051

746. 035 Inducements not specified in

policy. Except as otherwise expressly providedby the Insurance Code, no person shall permit, offer to make or make any contract of insurance, or agreement as to such contract, unless all agree-

ments or understandings by way of inducementare plainly expressed in the policy issued thereon11967 c 359 §570)

746 040 [ Amended by 1961 c 256 § 3, repealed by 1967c 359 47041

746. 045 Rebates. No person shall per-

sonally or otherwise offer, promise, allow, give,

set off, pay or receive, directly or Indirectly, anyrebate ofor rebate of part of the premium payable

on an Insurance policy or the agent' s commissionthereon, or earnings, profit, dividends or other

benefit founded, ansmg, accruing or to accrue onor from the policy, or any other valuable consideration or inducement to or for Insurance on anydomestic risk, which is not specified in the policy1967 c 359 § 5711

746 050 [ Amended by 1961 c 256 § 4, repealed by 1967L359 §7041

746.055 Title insurance commissions, rebates and discounts. With respect to titleInsurance, no commissions, rebates or discountsshall be paid, allowed or permitted to any personhaving an Interest in or lien upon real propertywhich is the subject of the title Insurance

Involved, or to any person acting for or on behalfof a person with such an Interest or lien [ Formerly7480861

746 060 [ Repealed by 1961 c 256 §51

746.065 Personal or controlled insur-

ance. ( 1) As used In this section, " personal or

controlled insurance" means insurance covering

an insurance agent or

a) The spouse of the Insurance agent, theemployer of the insurance agent or the employer' s

spouse, or any group of employes under a grouppolicy issued to the employer of the insuranceagent,

b) Any person related to the Insurance agent, to the spouse of the insurance agent, to theemployer of the insurance agent or to the

892

SUPERSEDED


employer' s spouse within the second degree byblood or marriage,

c) If the employer of the insurance agent is a

corporation, any person directly or indirectlyowning or controlling a majority of the votingstock or controlling interest in such corporation,

d) If the employer of the insurance agent is a

partnership or association, any person owning

any interest in such partnership or association,

e) If the agent is a corporation, any persondirectly or indirectly owning or controlling amajority of the voting stock or controlling interest in the agent, and any corporation which islikewise directly or indirectly controlled by theperson who so directly or indirectly controls theagent, or

f) If the agent is a corporation, any corporation making consolidated returns for UnitedStates income tax purposes with any corporationdescribed in paragraph ( e) of this subsection

2) If premiums on personal or controlled

insurance transacted by an agent payable in onecalendar year exceed the premiums or with

respect to life and health insurance twice the

premiums, on other insurance transacted by theagent payable in the same year, the receipt of

commissions upon the excess is an unlawful

rebate

3) This section shall not apply to an individual licensee who

a) Is licensed during all of such calendar yearindividually as an agent,

b) During such calendar year conducts anindividual agency business, not being designatedto exercise the powers conferred by an agent' slicense issued to any firm or corporation norowning any interest in any firm or corporationtransacting an insurance agency or brokeragebusiness,

c) Has been continuously licensed in somemanner as an active insurance agent, broker orsolicitor for at least 25 years, and

d) Is at least 65 years of age at the beginningof such calendar year

4) This section does not apply to the writing, issuing or soliciting by a seller of personal property of insurance covering the personal propertysold by the seller on an instalment contractwhereunder the title to the property is reservedby the seller

5) This section shall not apply to an agent, or a person exercising the powers conferred by anagent's license issued to a firm or corporation

providing

a) The agent, firm, corporation or person is

controlled or owned by a nonprofit professionalassociation and offers professional liability andrelated business and personal umbrella or excess

liability insurance exclusively to members of theassociation, and

b) The primary function of the association isother than marketing insurance 11967 e 359 § 573, 1987 c 774 § 1471

746 070 [ Repealed by 19611 r 2561 § s]

746.075 Misrepresentation generally. In the offer or sale of any insurance, directly orindirectly, or in connection with any inducement

or attempted inducement, directly or indirectly, of any insured or person with ownership rights

under an issued life insurance policy to lapse, forfeit, surrender, assign, effect a loan against,

retain, exchange or convert the policy, no personshall

1) Make, issue, circulate or cause to be made,

issued or circulated, any estimate, illustration,

circular or statement misrepresenting the termsof any policy issued or to be issued or the benefitsor advantages therein or the dividends or share of

surplus to be received thereon,

2) Make any false or misleading representation as to the dividends or share of surplus

previously paid on similar policies,

3) Make any false or misleading representation as to the financial condition of any insurer, or as to the legal reserve system upon which anylife insurer operates;

4) Use any name or title of any policy orclass of policies misrepresenting the true naturethereof,

5) Employ any device, scheme, or artifice todefraud,

6) Obtain money or property by means ofany untrue statement of a material fact or anyomission to state a material fact necessary inorder to make the statement made, in light of thecircumstances under which it was made, not

misleading, or

7) Engage in any other transaction, practiceor course of business which operates as a fraud ordeceit upon the purchaser, insured or person with

policy ownership rights 11967 c 359 §5741


746.085 Regulating replacement of lifeinsurance; compensation of agents. In

addition to all other powers of the director with

respect thereto, the director may issue rules

893

SUPERSEDED

746. 100 INSURANCE

1) Requiring persons who replace, or offer orpropose to replace, existing life insurance, toleave with the policyholder written, signed and

dated statements which fully and correctly com- pare the terms, conditions and benefits of an

existing policy with the proposed policy, and

2) Limiting the commission or compensation payable to an agent on account of a life

insurance policy that provides a nonforfeiturevalue sold to replace an existing life insurancepolicy that provides a nonforfeiture value to thecommission or compensation the agent would

have received if both the replaced and thereplacement insurance policies had been carried

by the insurer which issues the replacement policy [ 1967 c 359 §575, 1971 c 231 § 351

746 090 [ Repealed by 1967 c 359 §704]

746. 100 Misrepresentation in insurance applications or transactions. No person shall make a false or fraudulent statement or

representation on or relative to an application for

insurance, or for the purpose of obtaining a fee, commission, money or benefit from an insurer oragent [ Formerly 7364601

746. 110 False, deceptive or misleadingstatements. No person shall make, publish, disseminate, circulate, or place before the public, or

cause, directly or indirectly, to be made, published, disseminated, circulated, or placed beforethe public, in a newspaper, magazine or other

publication, or in the form of a notice, circular,

pamphlet, letter or poster, or over any radio ortelevision station, or in any other way, an adver-

tisement, announcement or statement containingany assertion, representation or statement with

respect to the business of insurance or with

respect to any person in the conduct of theinsurance business, which is untrue, deceptive or

misleading Former[) 736 608]

746. 120 Illegal dealing in premiums. No person shall wilfully collect any sum as premium or charge for insurance which is not then

provided, or is not in due course to be provided

subject to acceptance of the risk by the insurer, under an insurance policy issued by an insurer inconformity to the Insurance Code [ 1967 c 359 § 5791

746. 130 " Free" insurance as induce-

ment to sale or rental of property; exceptions, charges in accordance with filedrates. ( 1) No insurer shall participate in anyplan to offer or effect in this state, as an induce-

ment to the purchase or rental by the public ofany property or services, any insurance for whichthere is no separate charge to the insured Noperson shall arrange the sale of any such insurance

2) Subsection ( 1) of this section does not

apply to

a) Home protection insurance or otherinsurance offered as a guarantee of the perform-

ance of property and designed to protect thepurchasers or users of such property,

b) Title insurance,

c) Credit life or credit health insurance asdefined in ORS 743.561, or

d) Towing and labor services of motoristservice clubs transacting business in compliancewith ORS chapter 751

3) The charge for any insurance incidentalto the purchase or rental by the public of anyproperty or services shall be in accordance withrates on file with the director [ 1967 c 359 § 580. 1969

c 336 § 16. 1981 c 247 § 20)

746. 140 Sale of life insurance with

securities; written proposal; application of

securities law. ( 1) Every insurer or agent soliciting an offer to buy or selling life insurance incorrelation with the sale of securities shall furnish the prospect with a clear and unambiguous

written proposal prior to the signing of theapplication by the applicant

2) The written proposal shall be dated and

signed by the insurance agent, or by the insurer ifno agent is involved, and left with the prospectThe written proposal shall be on a form which hasbeen filed with the director If a sale is made of

both life insurance and securities, a duplicatecopy of the written proposal left with the buyershall be retained by the insurer for a period of notless than three years

3) Each such proposal shall

a) State the name of the insurer in which thelife insurance is to be written,

b) State that the prospect has the right topurchase the life insurance only, the securitiesonly or both the life insurance and the securities,

c) Contain no misrepresentations or false,

deceptive or misleading words, figures or statements,

d) State all material facts without which the

proposal would have the capacity or tendency tomislead or deceive, and

e) Set forth all matters pertaining to lifeinsurance, including premium charges, separatelyfrom matters not pertaining to life insurance

4) This section shall not be construed to

affect the application of any other provision oflaw concerning or regulating securities. IFormerly7395621

894

SUPERSEDED

TRADE PRACTICES 746. 160

746. 145 Workers' compensation insur-

ance; combination of experience of groupof employers; purpose; conditions. ( 1) Not-

withstanding ORS 737 346, but subject to allother rate filing requirements of ORS chapter737, an insurer may combine for dividend purposes the experience of a group of employerscovered for workers' compensation insurance bythe insurer, subject to applicable rules adopted bythe director, if

a) All the employers in the group are members of an organization

b) The occupations of all the employers in

the organization are substantially similar, takinginto consideration the nature of the services

being performed by workers of such employers

c) The employers in the group constitute atleast 50 percent of the employers in the organiza-

tion, unless the number of covered workers in the

group exceeds 500, in which case the employers inthe group must constitute at least 25 percent ofthe employers in the organization

d) The grouping of employers is likely tosubstantially improve accident prevention,

claims handling for the employers and reduceexpenses

2) This section does not apply to an organization of employers for which organization a

workers' compensation policy was lawfully issuedbefore October 4, 1977 The guaranty contractrequired by ORS 656. 419 shall contain for eachemployer covered thereby the informationrequired by ORS 656: 419 ( 2) When an employerbecomes an insured member of the organizationthe insurer shall, within 30 days after the dateinsured membership commenced, file a noticethereof with the Workers' Compensation Board

11977 c 405 § 3, 1983 c 706 §31

746. 150 Other insurance; combination

of experience of group of persons or risks;

purpose; conditions. ( 1) For property, inlandmarine, casualty or surety insurance, an insurer

may combine for dividend purposes the experience of a group of persons or risks any of whichare within this state, except for workers' compen-

sation insurance done in compliance with ORS

746 145 and subject to rules adopted by the director

1

2) The director shall make reasonable rules

regarding such dividend groupings as an aid tothe effectuation and enforcement of the Insur- ance Code Such rules shall have as their purposethe prevention of misrepresentation, unfair discrimination and other unfair trade practices, and

may among other things require that

895

a) Such a grouping comprises substantiallyhomogeneous risks

b) The organization under the auspices of

which such a grouping is made has been inexistence for at least two years and was formed

for purposes other than that of obtaining insurance

c) A substantial improvement in loss pre-

vention or claims handling will be a likely resultof such a grouping

d) Information regarding eligibility for participation in the grouping and the system forallocation of dividends among the participants befiled with the director

3) An insurer shall not unfairly discriminatein the allocation of dividends among the participants in such a dividend grouping

a) The system for allocation of dividends

among the participants may provide for allocation at a fixed percentage of premiums, or mayprovide for variations in the percentage of pre-

miums paid as dividends, or may provide forother variations in determining the amounts ofdividends allocated to participants The varia-

tions may be based on loss or expense factors oron other reasonable considerations, such as risk

size, risk location or industry or trade hazardclassification, that have a probable effect on

losses or expenses

b) Failure to apply in a consistent mannerthe dividend allocation system specified in aninsurer's dividend declaration shall be prima facie

evidence of unfair discrimination [ 1977 c 405 § 4, 1983 c 706 §41

746. 155 Applicability of ORS 746. 145and 746. 150. ORS 746 145 and 746 150 do not

apply to groupings or combinations of persons orrisks by way of common ownership or commonuse and control as permitted under ORS 737 3461977 c 405 § 21

746. 160 Practices injurious to free

competition. Except as otherwise expresslyprovided by law, no person, either within oroutside of this state, directly or indirectly, shallenter into any contract, understanding or com-

bination with any insurer or manager, agent orrepresentative thereof for the purpose of, nor

shall any such persons or insurers, , jointly or

severally do any act or engage in any practice forthe purpose of

1) Controlling the rates to be charged, or thecommissions or other compensations to be paid,

for insuring any risk or class of risks in this state,

2) Discriminating against or differentiatingfrom any insurer, manager or agent, by reason of

SUPERSEDED

746. 180 INSURANCE

the plan or method of transacting business or theaffiliation or nonaffliation with any board orassociation of insurers, managers, agents or representatives, or

3) Doing anything which is detrimental tofree competition in the business or injurious to

the insuring public [ Formerly 736 6151746 170 [ Formerly 736 705, repealed by 1977 c 742 §91

746. 180 Designation of propertyinsurer by lender prohibited. It is the policyof this state that its citizens have the right of freechoice in the procurement of insurance and that,

accordingly, no lender shall designate an insureror insurance agent from which a borrower mayprocure the insurance required by the loan orsales agreement on the property securing theindebtedness [ Formerly 736 715]

746. 182 Notice by certain financialinstitutions prior to sale of insurance pol-

icy. Prior to selling any policy of insurance, otherthan a policy which the agent is licensed to sellunder ORS 744 115 ( 1)( e), ( f), (g), 0), ( k) or (n), any agent that is a banking institution or savingsbank as defined in ORS 706 005, or a corporation, all or part of the stock of which is held by abanking institution, a bank holding company asdefined in ORS 715 010, or a savings or stock

savings bank shall give the following separatenotice in writing to the purchaser in at least 10point type

NOTICE

Check applicable boxes)

IJName of institution or savings bank) is a

licensed insurance agent under Oregon law You

are not required to purchase any insurance fromName

of institution or savings bank) as a condition of

obtaining any service fromName of institution or savings bank) or engaging

in any other transaction with ( Name

of institution or savings bank)

The

Name of corporation licensed as an agent) is

owned in whole or in part byName

of institution, savings bank or stock savings

bank) or

Name of bank holding company) which alsoowns ( Name

of institution, savings bank or stock savings

bank)

You are not required to purchase any insurancefrom

Name of corporation licensed as an agent) as a

condition of obtaining any service from or engaging in any other transaction with the abovenamed banking institution, bank holding company, savings bank or stock savings bank

Purchaser hereby acknowledges receipt of a copyof this notice

Purchaser' s signature Date

11987 c 846 6181

746. 185 Definitions for ORS 746. 185to 746. 211. As used in ORS 46 185 to 746 211,

lending institution" means

1) A banking institution as defined in ORS706005,

2) A national bank authorized to do businessin this state,

3) A corporation that transacts savings andloan business under articles of incorporation

issued by this state, 4) A corporation that transacts savings and

loan business in this state under authority to doso issued under federal law,

5) A credit union organized under and sub-

ject to ORS chapter 723,

6) A federal credit union located in this

state, or

7) A bank holding company subject to theprovisions of ORS chapters 706 to 716 or section

2 of the Bank Holding Company Act of 1956 ( 12U S C 1841), as amended 11977 c 742 § 2, 1985 c 762

189]

746 190 [ Formerly 736 725 repealed by 1977 c 742 § 91

746. 191 Right of borrower to select

property insurer; notice to borrower. Alending institution which solicits insurance onreal or personal property must explain to theborrower in prominently displayed writing thatinsurance related to a loan or credit extension

may be purchased from an insurer or agent of theborrower' s choice, subject only to the lendinginstitution' s right to reject a given insurance

policy or insurer as provided in ORS 746 195 ( 2) Compliance with the notice provided for in sec-

tion 106 of the Truth in Lending Act (15 U S C ) shall be considered compliance with this section

1977 c 742 § 31

896

SUPERSEDED


746. 195 Insurance on property securing loan or credit; certain practices bylending institutions prohibited. A lendinginstitution shall not

1) Solicit the sale of insurance for the protection of real or personal property after a personindicates interest in securing a loan or creditextension, until the lending institution hasagreed to make the loan or credit extension,

2) Unreasonably reject an insurance policyfurnished by the borrower for the protection ofthe property securing the loan or credit A rejection shall not be considered unreasonable when it

is based on reasonable standards, uniformlyapplied, relating to the extent of coveragerequired and the financial soundness and theservices of an insurer The standards shall not

discriminate against any particular type ofinsurer, nor shall the standards call for rejection

of an insurance policy because the policy containscoverage in addition to that required in the credit

transaction,

3) Require that any borrower, mortgagor, purchaser, insurer or agent pay a separate charge

in connection with the handling of any insurancepolicy required as security for a loan or creditextension, or pay a separate charge to substitutethe insurance policy of one insurer for that ofanother This subsection does not apply to theinterest that may be charged on premium loans orpremium advancements under the terms of the

loan or credit document,

4) Require any procedures or conditions ofan insurer or agent not customarily required of

insurers or agents that are affiliated or in anyother way connected with the lending institution,

5) Refuse to accept a written binder issued

by an agent as proof that temporary insuranceexists covering the real or personal property thatis the subject matter of, or security for, a loan orextension of credit, and that a policy of insurancewill be issued covering that property A writtenbinder issued by an agent or insurer covering realor personal property that is the subject matter of,

or security for, a loan or extension of credit shallbe effective until a policy of insurance is issued inlieu thereof, including within its terms the identi- cal insurance bound under the binder and the

premium therefor, or until notice of the cancella-

tion of the binder is received by the borrower andthe lending institution extending credit or offering the loan When a lending institution closes ona binder under ORS 743 075, the agent or insurer

issuing the binder shall be bound to provide apolicy of insurance, equivalent in coverage to thecoverage set forth in the binder, within 60 days

from the date of the binder The provisions of this

subsection do not apply when prohibited byfederal or state statute or regulations, or

6) Use or disclose to any other insuranceagent, other than the original agent, the informa-

tion relating to a policy of insurance furnished bya borrower unless the original agent fails to

deliver a policy of insurance within 60 days priorto expiration to the lending institution withoutfirst procuring the written consent of the borrower [ 1977 c 742 § 4, 1987 c 916 § lo]

746 200 [ Formerly 736 735, repealed by 1977 c 742 § 91

746.201 Lending institution to obtainrequired property insurance when borrower does not. Nothing contained in ORS746 185 to 746 205 shall prevent a lending institution from placing insurance on real or personalproperty when the mortgagor, borrower or purchaser fails to provide required insurance under

the terms of the loan or credit document [ 1977

c 742 § 51

746.205 ORS 746. 185 to 746.205 notapplicable to certain policies of insurance.

Nothing contained in ORS 746 185 to 746 205applies to credit life, credit health or accidental

death and disability insurance [ 1977c742§ 61746 210 [ Formerly 736 745, repealed by 1977c 742 §91

746.211 ORS 746. 185 to 746. 195 not

applicable to bank holding companies. ORS746 185 to 746 195 do not apply to a bank holdingcompany which, on or before January 1, 1977, owned, controlled or had power to vote not more

than 20 percent of any class of voting securities ofanother lending institution [ 1977 c 742 § 7, 1987 c 916

11]

746.220 Debtor' s option in furnishingcredit life or credit health insurance. Whencredit life insurance or credit health insurance, asdefined in ORS 743 561, is required as additional

security for any indebtedness, the debtor shall, upon request to the creditor, have the option of

furnishing the required amount of insurancethrough existing policies of insurance owned orcontrolled by the debtor or of procuring andfurnishing the required coverage through anyauthorized insurer. [Formerly 739 6151

746 225 [ 1975 c 469 § 2, repealed by 1979 c 140 §31

746.230 Unfair claim settlement practices. ( 1) No insurer or other person shall com-

mit or perform any of the following unfair claimsettlement practices

a) Misrepresenting facts or policy provisionsin settling claims,

b) Failing to acknowledge and act promptlyupon communications relating to claims,

897

SUPERSEDED

746 240 INSURANCE

c) Falling to adopt and implement reasonable standards for the prompt investigation of

claims,

d) Refusing to pay claims without conducting a reasonable investigation based on all available information,

e) Failing to affirm or deny coverage ofclaims within a reasonable time after completed

proof of loss statements have been submitted,

f) Not attempting, in good faith, to promptlyand equitably settle claims in which liability hasbecome reasonably clear,

g) Compelling claimants to initiate litigationto recover amounts due by offering substantiallyless than amounts ultimately recovered in actionsbrought by such claimants,

h) Attempting to settle claims for less thanthe amount to which a reasonable person would

believe a reasonable person was entitled after

referring to written or printed advertising material accompanying or made part of an application,

i) Attempting to settle claims on the basis ofan application altered without notice to or con-

sent of the applicant,

j) Failing, after payment of a claim, toinform insureds or beneficiaries, upon request bythem, of the coverage under which payment hasbeen made,

k) Delaying investigation or payment ofclaims by requiring a claimant or the physician ofthe claimant to submit a preliminary claim reportand then requiring subsequent submission of lossforms when both require essentially the sameinformation,

L) Failing to promptly settle claims underone coverage of a policy where liability hasbecome reasonably clear in order to influencesettlements under other coverages of the policy, or

m) Failing to promptly provide the properexplanation of the basis relied on in the insurance

policy in relation to the facts or applicable law forthe denial of a claim

2) No insurer shall refuse, without lust

cause, io pay or settle claims arising under coverages provided by its policies with such frequencyas to indicate a general business practice in this

state, which general business practice is evidenced by

a) A substantial increase in the number of

complaints against the insurer received by theDepartment of Insurance and Finance

b) A substantial increase in the number oflawsuits filed against the insurer or its insureds

by claimants, or

c) Other relevant evidence 1196', e 179 § rBBa

1973 c 281 § 1]

746.240 Undefined trade practices

injurious to public prohibited, No personshall engage in this state in any trade practicethat, although not expressly defined and prohibited in the Insurance Code, is found by thedirector to be an unfair or deceptive act or practice in the transaction of insurance that is inju-

rious to the insurance - buying public 11967 c 859589 1973 c 281 § 2]

746 260 [ 1967 c 359 § 590, repealed by 197,9 e 281 §. 9I

746,260 Driving record not to be considered in issuance of motor vehicle insurance. ( 1) Except as provided in subsection ( 4) ofthis section, when an individual applies for apolicy or a renewal of a policy of casualty insur-

ance providing automobile liability coverage, uninsured motorist coverage, automobile medical

payments coverage or automobile physical

damage coverage on an individually owned passenger vehicle including pickup and panel trucksand station wagons, an insurer shall not consider

either the employment driving record or the nonemployment driving record of the individual indetermining whether the policy will be issued orrenewed or in determining the rates for the policy An insurer shall not cancel such policy ordiscriminate in regard to other terms or condi-

tions of the policy based upon the employmentdriving record or the nonemployment drivingrecord of the individual

2) As used in this section, " employmentdriving record" and " nonemployment drivingrecord" mean the employment driving record andnonemployment driving record described in ORS486 054

3) This section is not intended to affect the

enforcement of the motor vehicle laws

4) An insurer may use the abstract of theindividual' s nonemployment driving record asauthorized under ORS 746 265 11973 e 113 § 2, 1979c 662 § 2, 1983 c 338 §q6q, 1987 c 5 § 61

746.265 Purposes for which abstract of

nonemployment driving record may beconsidered. ( 1) Subject to subsection ( 2) ofthis section, when an individual applies for a

policy or a renewal of a policy of casualty insur-

ance providing automobile liability coverage, uninsured motorist coverage, automobile medical

payments coverage or automobile physical

damage coverage on an individually owned passenger vehicle including pickup and panel trucksand station wagons, the insurer may consider theabstract of the nonemployment driving record of

898

SUPERSEDED


the individual under ORS 802 220 for the follow-

ing purposes

a) For the purpose of determining whetherto issue or renew the individual' s policy

b) For the purpose of determining the ratesof the individual' s policy

2) For the purposes specified in subsection

1) of this section, an insurer issuing or renewinga policy described in subsection ( 1) of this sectionshall not consider any accident or conviction forviolation of motor vehicle laws that occurred

more than three years immediately preceding theapplication for the policy or renewal of the policy1987 c 5 § 51

746.270 Use of past investment or pre-

dicted future investment experience in saleof variable life insurance policies. No person shall make or use in the offer or sale of a

variable life insurance policy any illustrations ofbenefits payable that include projections of past

investment experience into the future or predic-

tions of future investment experience This section is not intended to prohibit use of

hypothetical assumed rates of investment return

to illustrate possible levels of benefits 11973 c 43526]

746.275 Definitions for ORS 746.275

to 746.285 and 746. 289 to 746.300. Asused in ORS 746 275 to 746 285 and 746 289 to746 300

1) " Adjuster" means a person authorized todo business under ORS 744 505 or 744 515

2) " Motor vehicle liability insurance policy" means an insurance policy which provides auto-

mobile liability coverage, uninsured motorist coverage, automobile medical payments coverage or

automobile physical damage coverage on motor

vehicles, but does not include any insurance pol-

Note 746 275 to 746 360 and 746 991 were enacted into

law by the Legislative Assembly but were not added to ormade a part of ORS chapter 746 or any series therein bylegislative action See Preface to Oregon Revised Statutes forfurther explanation

746. 280 Designation of particular

motor vehicle repair shop by insurer prohibited. An insurer shall not require that aparticular person make the repairs to the

insured' s motor vehicle as a condition for recov-

ery by the insured under a motor vehicle liabilityinsurance policy. [1977 c 785 § 2]

Note See note following 746 275

746.285 Notice of prohibition in motor

vehicle repair shops; size; location. A per-

son operating a motor vehicle body and framerepair shop shall display in a conspicuous place inthe shop a sign in bold face type in letters at leasttwo inches high reading substantially as follows

PURSUANT TO OREGON INSURANCELAW, AN INSURANCE COMPANY MAYNOT REQUIRE THAT REPAIRS BE MADETO A MOTOR VEHICLE BY A PARTICULARPERSON OR REPAIR SHOP

1977 c 785 § 31

Note- See note following 746 275

746.287 Insurer requirement of

installation of aftermarket crash part invehicle. ( 1) Without the consent of the owner of

the vehicle, an insurer may not require, directlyor indirectly, that a motor vehicle body and framerepair shop supply or install any aftermarket

crash part unless the part has been certified by anindependent test facility to be at least equivalentto the part being replaced

2) For purposes of this section, an after - market crash part is at least equivalent to the part

icy being replaced if the aftermarket crash part is thea) Covering garage, automobile sales agency, same kind of part and is at least the same quality

repair shop, service station or public parking with respect to fit, finish, function and corrosionplace operation hazards, or resistance ( 1987c622§ 31

b) Issued principally to cover personal orpremises liability of an insured, even though suchinsurance may also provide some incidental cov-

erage for liability arising out of the ownership, maintenance or use of a motor vehicle on the

premises of such insured or on the ways immedi-

ately adjoining such premises

3) " Motor vehicle body and frame repairshop" means a business or a division of a businessorganized for the purpose of effecting repairs tomotor vehicles which have been physicallydamaged [ 1977 c 785 § 1]

746.289 Insurer offer of crash part

warranty. Any insurer which offers a motorvehicle insurance policy that provides coveragefor repair of the vehicle shall make available to its

insured a crash part warranty for crash parts notmade by the original equipment manufacturer asdescribed in ORS 746 292 when the insuredrequests one [ 1987 c 622 § 4]


746.290 Notice of prohibition in pol-

icies and by adjusters. ( 1) An adjuster estab-

lishing loss under a motor vehicle liability

899

SUPERSEDED

746.292 INSURANCE

insurance policy shall advise the insured of theprovisions of ORS 746 280

2) Every motor vehicle liability insurancepolicy issued in this state after December 31, 1977, and any extension or renewal after that dateof a policy issued before that date shall be accompanied by a statement in clear and conspicuouslanguage approved by the director of

a) The rights and responsibilities of theinsured when a claim is submitted, and

41

b) The provisions of ORS 746 280 [ 1977 c 785


746.292 Motor vehicle repair shops;

invoices; estimates; warranties; prohibited

practices. ( 1) All work done by a motor vehiclebody and frame repair shop shall be recorded onan invoice and shall describe all service work done

and parts supplied If any used parts are supplied, the invoice shall clearly state that fact If anycomponent system installed is composed of new

and used parts, such invoice shall clearly state

that fact One copy of the invoice shall be given tothe customer and one copy shall be retained bythe motor vehicle body and frame repair shop

2) Before commencing repair work and uponthe request of any customer, a motor vehicle bodyand frame repair shop shall make an estimate inwriting of the parts and labor necessary for therepair work, and shall not charge for the work

done or parts supplied in excess of the estimate

without the consent of such customer

3)( a) If crash parts to be used in the repair

work are supplied by the original equipmentmanufacturer, the parts shall be accompanied bya warranty that guarantees the customer that theparts meet or exceed standards used in manufac-

turing the original equipmentb) If crash parts to be used in the repair work

are not supplied by the original equipment manufacturer, the estimate shall include a statementthat says

This estimate has been prepared based on the

use of a motor vehicle crash part not made by theoriginal equipment manufacturer The use of a

motor vehicle crash part not made by the originalequipment manufacturer may invalidate any

remaining warranties of the original equipmentmanufacturer on that motor vehicle part The

person who prepared this estimate will provide a

copy of the part warranty for crash parts notmade by the original equipment manufacturer forcomparison purposes

4) No motor vehicle body and frame shopmay

a) Supply or install used parts, or any component system composed of new and used parts,

when new parts or component systems are or

were to be supplied or installed

b) Supply or install, without the owner' sconsent, any aftermarket crash part unless thepart has been certified by an independent testfacility to be at least equivalent to the part beingreplaced For purposes of this paragraph, an

aftermarket crash part is at least equivalent to

the part being replaced if the aftermarket crashpart is the same kind of part and is at least the

same quality with respect to fit, finish, functionand corrosion resistance

c) Charge for repairs not actually performed, or add the cost of repairs not actually to beperformed to any repair estimate

d) Refuse any insurer, or its insured, or theiragents or employes, reasonable access to any

repair facility for the purpose of inspecting orreinspectmg the damaged vehicle during usualbusiness hours

5) As used in ORS 746 287 and this section, aftermarket crash part" means a motor vehicle

replacement part, sheet metal or plastic, that

constitutes the visible ' exterior of the vehicle,

including an inner or outer panel, is generallyrepaired or replaced as the result of a collision and

is not supplied by the original equipment manufacturer [ 1977 c 785 §5 1987 c 622 § l1

Note. See note following 746 275

746.295 Proof and amount of loss

under motor vehicle liability policies; determination by insurer. Nothing in ORS746 275 to 746 285 and 746 289 to 746 300 or

746 991 shall prohibit an insurer from establish-

ing proof of loss requirements for motor vehicleliability insurance policies, investigating anddetermining the amount of an insured' s lossthrough its agents or employes or negotiating

with any person for the repair of such loss [ 1977i 785 § 61

Note- See note follow mg 746 275

746. 300 Liability of insurers andmotor vehicle repair shops for damages;

attorney fees. An insured whose insurer violates ORS 746 280 or 746 290, or a customer

whose motor vehicle body and frame repair shopviolates ORS 746 292, may file an action torecover actual damages or $ 100, whichever is

greater, for each violation Any person who bringsan action under this section may also recover

costs, necessary disbursements and reasonable

900

SUPERSEDED


attorney fees at trial and on appeal as determinedby the court 11977 c 785 § 7, 1981 c 897 9102]


746.305 Rules. The director may adoptrules to carry out the provisions of ORS 746 275to 746 285, 746 289 to 746 300 and 746 991 [ 1987c 622 § 5]

Note 746 305 was enacted into law by the Legislative

Assembly but was not added to or made a part of ORS chapter746 or any series therein by legislative action See Preface toOregon Revised Statutes for further explanation


746.310 Representing or aiding unauthorized insurer prohibited; agent liable toinsured. ( 1) No person shall in this state

directly or indirectly with respect to domesticrisks act as agent for or otherwise transact insur-

ance for any insurer not then authorized to transact such insurance in this state

2) In the event of failure of any unauthorizedinsurer to pay any claim or loss within the provisions of such insurance policy, any insurance

agent who assisted or in any manner aided in theprocurement of such insurance policy knowing itto be procured through an unauthorized insurershall be liable to the insured for the full amount ofthe claim or loss

3) This section does not apply to

a) Matters authorized to be done by thedirector under ORS 746 320 to 746 360

b) Insurance written under a surplus linelicense in compliance with ORS 735 400 to

735 495 and 735 990

c) Any transaction with respect to reinsurance when transacted by an insurer dulyauthorized by its state of domicile to transact theclass of insurance involved

d) A licensed adjuster or attorney at lawrepresenting such an insurer from time to time insuch occupational or professional capacity [ 1967

c,159 § 591, 1969 c 336 § 17, 1987 c 774 § 1461

746.320 Service of process equivalent

to personal service on unauthorized foreign or alien insurer. ( 1) When an unauthor-

ized insurer does any of the acts specified insubsection ( 2) of this section in this state, by mailor otherwise, the doing of such acts shall constitute an appointment by such insurer of thedirector, and the successor in office, as its lawful

attorney upon whom all process may be served inany action begun by or on behalf of an insured orbeneficiary and arising out of policies of insurance between the insurer and persons residing or

901

authorized to do business in this state Subject to

subsection ( 4) of this section, the doing of anysuch act shall signify the insurer' s consent thatservice of process upon the director is of the samelegal force and effect as personal service of process upon such insurer within this state

2) The acts referred to in subsection ( 1) of

this section are

a) Issuing or delivering policies of insuranceto persons residing or authorized to do businessin this state

b) Soliciting applications for policies ofinsurance from such persons

e) Collecting premiums, membership fees, assessments or other considerations under pol-

icies of insurance from such persons

d) Any other transaction of business arisingout of policies of insurance with such persons

3) Service of process upon the director shall

be made by delivering to and leaving with thedirector, or with any clerk on duty in the office, two copies of such process Immediately afterservice of process, the director shall send one of

such copies to the defendant insurer at its prin-

cipal office The director shall keep a record of allprocesses served upon the director under thissection

4) Service of process in the manner providedin this section gives jurisdiction over the person

of an insurer provided

a) Notice of such service and a copy of theprocess are sent by registered mail by the plaintiff, or the attorney of the plaintiff, to the defendant insurer at its principal office within 10 daysafter the date of service, and

b) The defendant insurer's receipt, or receipt

issued by the post office with which the letter isregistered, showing the name of the sender of theletter and the name and address of the person to

whom the letter is addressed and an affidavit of

the plaintiff, or the attorney of the plaintiff,

showing compliance with this section are filedwith the clerk of the court in which the action

against such insurer is pending on or before thedate on which such insurer is required to appear,

or within such further time as the court mayallow

5) Nothing contained in this section shalllimit or abridge the right to serve any processupon an insurer in any other manner then permitted by law [ Formerly 736 252]

746.330 Judgment by default afterservice of process under ORS 746. 320. Until the expiration of 30 days from the date of

SUPERSEDED

746.340

filing an affidavit of compliance under ORS746320, no plaintiff or complainant shall be

entitled to a judgment by default in any action inwhich service of process is made in the manner

provided in such section [ Formerly 736 254]

746.340 Conditions to be met by defendant unauthorized insurer before filingmotions or pleadings. ( 1) Except as provided

in subsection (3) of this section, before any unauthorized insurer may file or cause to be filed anymotion or pleading in an action started against it

by service of process in the manner provided inORS 746 320, the defendant insurer shall either

a) Procure a certificate ofauthority to transact insurance in this state, or

b) Deposit cash or securities or file a bondwith good and sufficient sureties, approved by thecourt, with the clerk of the court in which such

action is pending in an amount, fixed by thecourt, sufficient to secure the payment of any

judgment which may be entered in such actionHowever, the court may in its discretion make anorder dispensing with such deposit or bond wherethe insurer makes a showing satisfactory to suchcourt that the insurer maintains in a state of the

United States funds or securities, in trust or

otherwise, sufficient and available to satisfy anyfinal judgment which may be entered in suchaction

2) The court may order such postponementas may be necessary to give such insurer reasonable opportunity to comply with subsection ( 1) ofthis section and to prepare its defense in suchaction

3) Nothing in ORS 746 320 to 746 360 shallbe construed to prevent a defendant unauthorizedinsurer from filing a motion to set aside service ofprocess made in the manner provided in ORS746 320 on the ground that such insurer has not

done any of the acts described in subsection ( 2) ofsuch section [ Formerly 736 256]

746.350 Attorney fee allowable toplaintiff. In any action against an unauthorizedinsurer in which service of process was made in

the manner provided in ORS 746 320, if, prior tothe commencement of the action, demand is

made by the plaintiff or the attorney of theplaintiff upon such insurer for payment in

accordance with the terms of the insurance policyand the insurer does not make such payment, andif it appears to the court that failure to make suchpayment was vexatious and without reasonable

cause, the court may allow to the plaintiff reasonable attorney fees at trial and on appeal andinclude such fees in any judgment that may berendered in such action Failure of an insurer to

defend any such action shall be deemed primafacie evidence that its failure to make such payment was vexatious and without reasonable

cause [ Formerly 736 258, 1981 c 897 § 103]

746.360 Exceptions to application of

unauthorized insurer service of process

law. ORS 746 320 to 746 360 do not apply to anaction against an unauthorized insurer arising

out of any policy of

1) Reinsurance or wet marine and transportation insurance,

2) Insurance effected in compliance with

ORS 744 305 to 744 405 ( 1985 ReplacementPart),

3) Insurance against legal liability arisingout of ownership, operation or maintenance of

any property having a permanent situs outsidethe state, or

4) Insurance against loss of or damage to anyproperty having a permanent situs outside thisstate, where such policy contains a provision

designating the director or a bona fide resident ofthis state as the insurer's lawful attorney uponwhom all process may be served in any actionbegun by or on behalf of an insured or beneficiaryand arising out of policies of insurance betweenthe insurer and persons residing or authorized todo business in this state- [Formerly 736 2601

746. 370 Records of insureds. In order

that the director may effectively administer ORS746 310 to 746 370, every person for or by whominsurance has been placed with an unauthorizedinsurer shall, upon the director' s order, producefor examination all policies and other documents

evidencing the insurance, and shall disclose to thedirector the amount of premiums paid or agreed

to be paid for the insurance [] 967 c 359 95971

PREMIUM FINANCING

746. 405 Definitions for ORS 746. 405

to 746. 530. As used in ORS 746 405 to 746 530, unless the context requires otherwise

1) " Premium finance agreement" means an

agreement by which an insured or prospectiveinsured promises to pay to a premium financecompany or to its assignee the amount advancedor to be advanced under the agreement to aninsurer or to an insurance agent or broker in

payment of premiums on an insurance policytogether with a service charge No mortgage,

conditional sale contract or other security agree-

ment covering property which authorizes the lienholder to pay or advance premiums for insurancewith respect thereto shall be deemed to be apremium finance agreement

902

SUPERSEDED


2) " Premium finance company" means aperson engaged in the business of entering intopremium finance agreements with insureds or of

acquiring such premium finance agreements frominsurance agents, brokers or other premium

finance companies 11969 c 639 § 21

746.415 License required for premium

financing. Except as provided in ORS 746 425, no person shall engage in the business of financ-

ing insurance premiums in this state, eitherdirectly or indirectly, without a license thereforobtained from the director [ 1969 c 639 § 3]

746. 425 Applicability of ORS 746.405to 746.530. ORS 746 405 to 746 530 do not

apply to

1) Any insurer authorized to transact business in this state who finances insurance pre-

miums on domestic risks with a service charge nogreater than that provided in ORS 746 485 and746495,

2) Any bank, trust company, savings andloan association, credit union or other lendinginstitution authorized to transact business in this

state that does not possess or acquire any right, title or interest with respect to the insurance

policy for which the premiums are financed otherthan in the proceeds thereof in the event of loss,

3) The inclusion of a charge for insurance in

connection with an instalment sale in accordance

with ORS 83 010 to 83 840 and 83 990, or

4) Agents financing only their own accountsand whose aggregate charge for financing doesnot exceed one and one -half percent per month

on the outstanding balance [ 1969 c 639 § 4, 1981 c 412221

746. 435 License application; renewal;

denial. ( 1) Application for a license required

under ORS 746 415 shall be in writing, and in theform prescribed by the director

2) The person to whom the license may be oris issued shall file sworn answers to such inter-

rogatories as the director may require The director shall have authority, at any time, to requirethe licensee fully to disclose the identity of allstockholders, partners, officers and employes and

the director may, in the discretion of the director, refuse to issue or continue a license in the name of

any firm or corporation if the director is notsatisfied that any officer, employe, stockholder orpartner thereof who may materially influence thelicensee' s conduct meets the standards of ORS

746 405 to 746 530

3) All premium finance licenses shall continue in force until suspended or revoked, subjectto the payment on or before April l of each year of

the annual continuation fee as provided in ORS

731 804 [ Amended by 1969 c 639 §5, 1971 c 231 § 361

746. 445 Qualifications of licensee;

investigation; hearing. ( 1) Upon the filing ofan application and the payment of the license fee

the director shall make an investigation of each

applicant and shall issue a premium finance com-

pany license if the applicant is qualified inaccordance with ORS 746 405 to 746 530 If thedirector does not so find, the director shall, within 30 days after the director has receivedsuch application, at the request of the applicant,

give the applicant a full hearing

2) The director shall issue a license as maybe applied for when the director is satisfied that

the person to be licensed

a) Is competent and trustworthy and intendsto act in good faith in the capacity involved by thelicense applied for,

b) Has a good business reputation and has

had experience, training, or education so as to bequalified in the business for which the license isapplied, and

c) If a corporation, is a corporation incorporated under the laws of this state or a foreign

corporation authorized to transact business in

this state [ 1969 c 639 §61

746.455 License revocation; suspen-

sion. The director may revoke or suspend thelicense of any premium finance company whenand if after investigation it appears to the director that

1) Any license issued to such company wasobtained by fraud,

2) There was any misrepresentation in theapplication for the license,

3) The holder of such license has otherwiseshown the holder untrustworthiness or incompe-

tence to act as a premium finance company, or

4) Such company has violated any of theprovisions of ORS 746 405 to 746 530 [ 1969 c 639

7, 1971 c 231 § 371

746.465 Records required of licensees; form; inspection. ( 1) Every premium financecompany shall maintain records of its premium

finance transactions and the records shall be

open to examination and investigation by thedirector The director may at any time require thecompany to bring such records as the directormay direct to the director' s office for examination

2) Every premium finance company shallpreserve its records of such premium finance

transactions, including cards used in a card sys-

903

SUPERSEDED

746. 470 INSURANCE

tem, for at least three years after making the finalentry in respect to any premium finance agreement The preservation of records in pho- tographic form shall constitute compliance with

this requirement 11969 c 639 §81

746.470 Prohibition against interfer-

ing with premium financing recommendation. No insurer shall interfere in any way withthe right of any person soliciting or procuring anapplication for its insurance policies to recom-

mend to an insured any premium finance company 119&3 c 239 q5l

746.475 Premium finance agreements;

contents; form; delivery; notice to insurer. 1) A premium finance agreement shall

a) Be dated, signed by the insured or by anyperson authorized in writing to act in behalf ofthe insured, and the printed portion thereof shall

be in at least eight -point type,

b) Contain the name and place of business of

the insurance agent negotiating the related insurance policy, the name and residence or the placeof business of the insured as specified by theinsured, the name and place of business of thepremium finance company to which paymentsare to be made, a description of the insurancepolicies involved and the amount of the premium

therefor, and

c) Set forth the following items whereapplicable

A) The total amount of the premiums

B) The amount of the downpayment

C) The principal balance ( the differencebetween items (A) and (B))

D) The amount of the service charge

E) The balance payable by the insured ( sumof items (C) and ( D))

F) The number of payments required, the

amount of each payment expressed in dollars, and

the due date or period thereof

2) The items set out in paragraph ( c) ofsubsection ( 1) of this section need not be stated in

the sequence or order in which they appear insuch paragraph, and additional items may beincluded to explain the computations made in

determining the amount to be paid by theinsured

3) The premium finance company or theinsurance agent shall deliver to the insured, or

mail to the insured at the address shown in the

agreement, a complete copy of the agreement

4) A premium finance company shall givenotice of its financing to the insurer not later

than the 30th day after the date the premiumfinancing agreement is received by the premiumfinance company A notice given under this subsection shall be effective whether or not the

insured' s policy number is set forth in the notice11969 c 639 § 9, 1971 c 231 § 38, 1983 c 239 § 31

746.485 Regulation of service charge

for premium financing; method of computation; prepayment. ( 1) A premium

finance company shall not charge, contract for, receive, or collect a service charge other than as

permitted by ORS 746 405 to 746 5302) The service charge is to be computed on

the balance of the premiums due ( after subtract-

ing the downpayment made by the insured inaccordance with the premium finance agreement) from the effective date of the insurance coverage,

for which the premiums are being advanced, toand including the date when the final payment ofthe premium finance agreement is payable

3) The service charge shall not exceed inter-

est at a rate authorized under this subsection plus

an additional charge of 10 percent of the amount

financed or $ 50, whichever amount is less, per

premium finance agreement The additional

charge need not be refunded upon cancellation orprepayment The rate of interest charged by apremium finance company on the amount offinanced premium shall not exceed the nominal

annual rate of five percentage points in excess of

the discount rate, and any surcharge thereon, on90 -day commercial paper in effect at the FederalReserve Bank in the Federal Reserve Districtwhich includes Oregon on the effective date of theinsurance coverage or 18 percent, whichever is

greater

4) Any insured may prepay the premiumfinance agreement in full at any time before thedue date of the final payment In such event the

unearned interest shall be refunded The amount

of any such refund shall be the total amount ofinterest due on the agreement less the interest

earned to the instalment date nearest the date of

payment, computed by applying the actuarialmethod based on the annual percentage rate set

forth on the premium finance agreement. 11969

c 639 § 10. 1971 c 231 § 39 1983 c 239 § 11

746.495 Delinquency charges regulated. ( 1) A premium finance agreement mayprovide for the payment by the insured of adelinquency charge for any payment that is indefault for a period of 10 days or more Such

charge may be made for each month or fractionthereof that the payment is in default The

amount of such charge may be a minimum of $1and as a maximum shall be subject to the follow-

ing limits

904

SUPERSEDED


a) For delinquent payments of less than250, five percent of the payment or $ 5, which-

ever is less, or

b) For delinquent payments of $250 or more, two percent of the payment

2) If a payment default results in the can-

cellation of any insurance policy listed in theagreement, the agreement may provide for thepayment by the insured of a cancellation chargeof $5, less any delinquency charges imposed inrespect to the payment in default [1969 c 639 § 111

746.505 Cancellation of policy by premium finance company; notice required; effective date of cancellation. ( 1) When apremium finance agreement contains a power of

attorney enabling the premium finance companyto cancel any Insurance policy or policies listed inthe agreement, the Insurance policy or policiesshall not be canceled by the premium financecompany unless such cancellation Is effectuatedin accordance with this section

2) Not less than 10 days' written notice shallbe mailed to the Insured of the Intent of the

premium finance company to cancel the insurance policy unless the default Is cured within such10 -day period A copy of such notice shall also bemailed to the Insurance agent indicated on thepremium finance agreement

3) After expiration of such 10 -day period, the premium finance company may thereafter inthe name of the Insured cancel such Insurance

policy or policies by mailing to the Insurer anotice of cancellation, and the Insurance policyshall be canceled as If such notice of cancellation

had been submitted by the Insured, but withoutrequiring the return of the insurance policy orpolicies The premium finance company shallalso mall a notice of cancellation to the Insured at

the last -known address of the Insured and to the

Insurance agent Indicated on the premium

finance agreement

4) All statutory, regulatory and contractualrestrictions providing that the Insurance policymay not be canceled unless notice is given to agovernmental agency, mortgagee, or other thirdparty shall apply where cancellation is effectedunder the provisions of this section The Insurershall give the prescribed notice on behalf of itselfor the insured to any governmental agency, mort-

gagee, or other third party on or before the secondbusiness day after the day it receives the notice ofcancellation from the premium finance companyand shall determine the effective date of cancella-

tion taking into consideration the number ofdays' notice required to complete the cancella-

tion ( 1969 c 639 § 12, 1983 c 239 § 21

746. 515 Return of unearned premiumson cancellation. ( 1) Whenever a financed

Insurance policy Is canceled, the Insurer who hasbeen notified as provided in ORS 746 475 ( 4) shall return whatever gross unearned premiums

are due under the Insurance policy to the pre-

mium finance company for the account of theInsured or Insureds not later than the 30th dayafter the date of cancellation If the Insurer electsto return the premium through the agent, theagent shall transmit the unearned premium to the

premium finance company within the 30 -dayperiod The Insurer, on written notice of anyfailure of the agent to transmit the premium and

not later than the 30th day after the notice, shallpay the amount of return premium directly to thepremium finance company

2) In calculating the gross unearned premium due under a financed Insurance policy, theInsurer shall use the prorate method of calcula-

tion

3) In the event that the crediting of returnpremiums to the account of the Insured results in

a surplus over the amount due from the Insured, the premium finance company shall refund suchexcess to the Insured provided that no such

refund shall be required if it amounts to less than1 ( 1969c639 § 13, 1983c239 §71

746.525 Agreement effective as

security interest. No filing of the premiumfinance agreement shall be necessary to perfectthe validity of such agreement as a secured transaction as against creditors, subsequent pur-

chasers, pledgees, encumbrancers, successors or

assigns [ 1969c639§ 141

746.530 Attorney fees. In any action to

enforce any right created by ORS 746 405 to746 530, the prevailing party may be awarded areasonable amount, to be fixed by the court, asattorney fees The amount may be taxed as partof the cost of the action and any appeal thereon1983 c 239 § 61

USE AND DISCLOSURE OFINSURANCE INFORMATION

746.600 Definitions for ORS 746. 600to 746.690 and 750.055. As used in ORS746 600 to 746 690 and 750 055

1) " Adverse underwriting decision" means, except as provided in subsection ( 2) of this sec-

tion, any of the following actions with respect toinsurance transactions involving insurance cov-

erage which is individually underwritten

905

a) A declination of Insurance coverage

SUPERSEDED

746.600 INSURANCE

b) A termination of insurance coverage

c) Failure of an agent to apply for insurancecoverage with a specific insurer which the agent

represents and which is requested by an applicant

d) In the case of life or health insurancecoverage, an offer to insure at higher than standard rates

e) In the case of other kinds of insurancecoverage

A) Placement by an insurer or agent of a riskwith a residual market mechanism, an unauthor-

ized insurer or an insurer which specializes in

substandard risks

B) The charging of a higher rate on the basisof information which differs from that which theapplicant or policyholder furnished

2) " Adverse underwriting decision" does notinclude the following actions, but the insurer oragent responsible for the occurrence of the actionshall nevertheless provide the applicant or pol-

icyholder with the specific reason or reasons for

the occurrence

a) The termination of an individual policyform on a class or state -wide basis

b) A declination of insurance coverage solelybecause the coverage is not available on a class orstate -wide basis

c) The rescission of a policy3) " Affiliate of" a specified person or "person

affiliated with" a specified person means a person

who directly, or indirectly, through one or moreintermediaries, controls, or is controlled by, or isunder common control with, the person specified

4) " Agent" means a person licensed by thedirector as an insurance agent, or a person towhom the director has issued a nonresident broker's permit

5) " Applicant" means a person who seeks tocontract for insurance coverage, other than aperson seeking group insurance coverage which is

not individually underwritten

6) " Consumer report" means any written, oral or other communication of information bear-

ing on a natural person' s credit worthiness, credit

standing, credit capacity, character, general repu-

tation, personal characteristics or mode of livingwhich is used or expected to be used in connection with an insurance transaction

7) " Consumer reporting agency" means aperson who

a) Regularly engages, in whole or in part, inassembling or preparing consumer reports for amonetary fee,

b) Obtains information primarily fromsources other than insurers, and

c) Furnishes consumer reports to other persons

8) " Control" means, and the terms

controlled by" or " under common control with" refer to, the possession, directly or indirectly, ofthe power to direct or cause the direction of themanagement and policies of a person, whether

through the ownership of voting securities, bycontract other than a commercial contract for

goods or nonmanagement services, or otherwise,

unless the power of the person is the result of a

corporate office held in, or an official positionheld with, the controlled person

9) " Declination of insurance coverage"

means a denial, in whole or in part, by an insureror agent of requested insurance coverage

10) " Individual" means a natural personwho

a) In the case of life or health insurance, is apast, present or proposed principal insured or

certificate holder,

b) In the case of other kinds of insurance, isa past, present or proposed named insured or

certificate holder,

c) Is a past, present or proposed policyowner,

d) Is a past or present applicant,

e) Is a past or present claimant, or

f) Derived, derives or is proposed to derive

insurance coverage under an insurance policy orcertificate which is subject to ORS 746 600 to746 690 and 750 055

11) " Institutional source" means a person or

governmental entity which provides informationabout an individual to an insurer, agent or insur-

ance- support organization, other than

a) An agent,

b) The individual who is the subject of theinformation, or

c) A natural person acting in a personalcapacity rather than in a business or professionalcapacity

12) " Insurance- support organization"

means, except as provided in subsection ( 13) of

this section, a person who regularly engages, inwhole or in part, in assembling or collectinginformation about natural persons for the pri-

mary purpose of providing the information to aninsurer or agent for insurance transactions,

including

906

SUPERSEDED


a) The furnishing of consumer reports to aninsurer or agent for use in connection with insurance transactions, and

b) The collection of personal information

from insurers, agents or other insurance- support

organizations for the purpose of detecting orpreventing fraud, material misrepresentation ormaterial nondisclosure in connection with insur-

ance underwriting or insurance claim activity

13) " Insurance- support organization" doesnot include insurers, agents, governmental

institutions, medical care institutions or medical

professionals

14) " Insurance transaction" means anytransaction involving insurance primarily forpersonal, family or household needs rather thanbusiness or professional needs and which entails

a) The determination of an individual's eli-

gibility for an insurance coverage, benefit or payment, or

b) The servicing of an insurance application, policy or certificate

15) " Insurer," as defined in ORS 731 106,

includes every person engaged in the business ofentering into policies of insurance

16) " Investigative consumer report" means aconsumer report, or portion of a consumer report,

for which information about a natural person' s

character, general reputation, personal charac-

teristics or mode of living is obtained throughpersonal interviews with the person' s neighbors,

friends, associates, acquaintances or others who

may have knowledge concerning such items ofinformation

17) " Medical care institution" means a facil-

ity or institution which is licensed to providehealth care services to natural persons, and

includes but is not limited to health maintenanceorganizations, home health agencies, hospitals, medical clinics, public health agencies,

rehabilitation agencies and skilled nursing facilities

18) " Medical professional" means a person

licensed or certified to provide health care services to natural persons, and includes but is notlimited to chiropractors, clinical dieticians, clinical psychologists, dentists, naturopaths,

nurses, occupational therapists, optometrists,

pharmacists, physical therapists, physicians,

podiatrists, psychiatric social workers and speech

therapists

19) " Medical record information" meanspersonal information which

a) Relates to an individual' s physical or

mental condition, medical history or medicaltreatment, and

b) Is obtained from a medical professional, a

medical care institution, the individual, or the

individual' s spouse, parent or legal guardian

20) " Personal information" means informa-

tion which is identifiable with an individual,

which is gathered in connection with an insur-

ance transaction and from which informationjudgments can be made about the individual' scharacter, habits, avocations, finances, occupa-

tions, general reputation, credit, health or anyother personal characteristics " Personal infor-

mation" includes an individual' s name and

address and " medical record information" butdoes not include " privileged information" exceptfor privileged information which has been disclosed in violation of ORS 746 665

21) " Policyholder" means a person who

a) In the case of individual policies of life orhealth insurance, is a current policyowner,

b) In the case of individual policies of other

kinds of insurance, is currently a named insured, or

c) In the case of group policies of insuranceunder which coverage is individually underwrit-

ten, is a current certificate holder

22) " Pretext interview" means an interview

wherein the interviewer, in an attempt to obtain

information about a natural person, does one or

more of the followinga) Pretends to be someone the interviewer is

not

b) Pretends to represent a person the inter-

viewer is not in fact representing

c) Misrepresents the true purpose of theinterview

d) Refuses upon request to identify theinterviewer

23) " Privileged information" means information which is identifiable with an individual

and which

a) Relates to a claim for insurance benefitsor a civil or criminal proceeding involving theindividual, and

b) Is collected in connection with or in

reasonable anticipation of a claim for insurancebenefits or a civil or criminal proceeding involving the individual

24) " Residual market mechanism" means an

association, organization or other entity involved

in the insuring of risks under ORS 735. 005 to735 145, 737 312 or other provisions of the Insur- ance Code relating to insurance applicants whoare unable to procure insurance through normal

insurance markets

907

SUPERSEDED

746.605 INSURANCE

25) " Termination of insurance coverage" or

termination of an insurance policy" meanseither a cancellation or a nonrenewal of an insur-

ance policy, in whole or in part, for any reasonother than the failure of a premium to be paid as

required by the policy 11981 c 649 § 4, 1987 c 490 § 501746. 605 Purpose. The purpose of ORS

746 600 to 746 690 and 750 055 is to

1) Establish standards for the collection, useand disclosure of information gathered in connection with insurance transactions by insurers, agents or insurance-support organizations,

2) Maintain a balance between the need forinformation by those conducting the business ofinsurance and the public's need for fairness in

insurance information practices, including theneed to minimize intrusiveness,

3) Establish a regulatory mechanism toenable natural persons to ascertain what infor-

mation is being or has been collected about themin connection with insurance transactions and to

have access to this information for the purpose ofverifying or disputing its accuracy,

4) Limit the disclosure of information collected in connection with insurance transactions, and

5) Enable insurance applicants and pol-

icyholders to obtain the reasons for any adverseunderwriting decision ( 1981 c 649 § 2, 1987 c 490 § 511

746.610 Application of ORS 746. 600 to746.690 and 750.055. ( 1) The obligations

imposed by ORS 746 600 to 746 690 and 750 055apply to those insurers, agents and insurance - support organizations which, on or after January1, 1983

a) In the case of life or health insurance

A) Collect, receive or maintain information, in connection with insurance transactions, which

pertains to natural persons who are residents ofthis state, or

B) Engage in insurance transactions withapplicants, individuals or policyholders who are

residents of this state

b) In the case of other kinds of insurance

A) Collect, receive or maintain informationin connection with insurance transactions

involving policies or certificates of insurance

delivered, issued for delivery or renewed in thisstate, or

B) Engage in insurance transactionsinvoly- ing policies or certificates of insurance delivered,

issued for delivery or renewed in this state

2) The rights granted by ORS 746 600 to746 690 and 750 055 extend to

a) In the case of life or health insurance, the

following persons who are residents of this stateA) Natural persons who are the subject of

information collected, received or maintained in

connection with insurance transactions, and

B) Applicants, individuals or policyholderswho engage in or seek to engage in insurance

transactions

b) In the case of other kinds of insurance,

the following personsA) Natural persons who are the subject of

information collected, received or maintained in

connection with insurance transactions involvingpolicies or certificates of insurance delivered,

issued for delivery or renewed in this state, andB) Applicants, individuals or policyholders

who engage in or seek to engage in insurance

transactions involving policies or certificates ofinsurance delivered, issued for delivery orrenewed in this state

3) For purposes of this section, a person isconsidered a resident of this state if the person' s

last -known mailing address, as shown in therecords of the insurer, agent or insurance- support

organization, is located in this state

4) Notwithstanding subsections ( 1) and ( 2) of this section, ORS 746 600 to 746 690 and750 055 do not apply to information collectedfrom the public records of a governmental authority and maintained by an insurer or its representatives for the purpose of insuring the title to realproperty located in this state 11981 c 649 § 3, 1987c 490 $ 521

746.615 Pretext interviews prohibited. No insurer, agent or insurance - support organi-

zation shall use or authonze the use of pretext

interviews to obtain information in connection

with an insurance transaction However, a pre-

text interview may be undertaken to obtain information from a person or institution which does

not have a generally recognized or statutorilyrecognized privileged relationship with the person about whom the information relates, for the

purpose of investigating a claim where, basedupon specific information available for review bythe director, there is a reasonable basis for sus- pecting criminal activity, fraud, material misrepresentation or material nondisclosure in

connection with the claim 11981 c 649 § 51

746. 620 Notice of insurance information practices. ( 1) An insurer or agent shallprovide a notice of information practices to all

applicants or policyholders in connection with

insurance transactions under the circumstances

and at the times as follows

SUPERSEDED


a) In the case of an application for insurance, a notice shall be provided no later than

A) At the time of delivery of the insurancepolicy or certificate, if personal information is

collected only from the applicant or from publicrecords, or

B) At the time the collection of personal

information is initiated, if personal information

is collected from a source other than the applicant

or public records

b) In the case of a policy renewal, a noticeshall be provided no later than the policy renewaldate, except that no notice shall be required in

connection with a policy renewal if

A) Personal information is collected onlyfrom the policyholder or from public records, or

B) A notice meeting the requirements of thissection has been given within the previous 24months

c) In the case of a policy reinstatement orchange in insurance benefits, a notice shall beprovided no later than the time a request for the

policy reinstatement or change in insurance ben - efits is received by the insurer, except that nonotice shall be required if personal information is

collected only from the policyholder or from public records

2) The notice required by subsection ( 1) ofthis section shall be in writing and shall state

a) Whether personal information may becollected from persons other than the individual

or individuals proposed for coverage,

b) The types of personal information which

may be collected and the types of sources andinvestigative techniques which may be used tocollect the information,

c) The types of disclosures identified in ORS746 665 ( 1)( b) to ( f), (i), ( k), ( L) and ( n) and thecircumstances under which these disclosures maybe made without prior authorization However,

only those circumstances need be describedwhich occur with such frequency as to indicate ageneral business practice,

d) A description of the rights establishedunder ORS 746 640 and 746 645 and the manner

in which such rights may be exercised, ande) That information obtained from a report

prepared by an insurance- support organizationmay be retained by the insurance- support organization and disclosed to other persons

3) In lieu of the notice prescribed in subsection ( 2) of this section, the insurer or agent mayprovide an abbreviated notice informing theapplicant or policyholder that

a) Personal information may be collectedfrom persons other than the individual or indi-

viduals proposed for coverage,

b) Such information as well as other per-

sonal or privileged information subsequently col-

lected by the insurer or agent may in certaincircumstances be disclosed to third parties with-

out authorization,

c) A right of access and correction existswith respect to all personal information collected,

and

d) The notice prescribed in subsection ( 2) ofthis section will be furnished to the applicant orpolicyholder upon request

4) The obligations imposed by this sectionupon an insurer or agent may be satisfied byanother insurer or agent authorized to act on

behalf of the first insurer or agent ( 1981 , 649 §61

746. 625 Marketing and research surveys. An insurer or agent shall clearly so iden-

tify those questions which are designed to obtaininformation solely for marketing or research purposes from an individual in connection with an

insurance transaction ( 198t a 649 § 71

746.630 Content of disclosure authorization forms. ( 1) Notwithstanding any otherlaw of this state, no insurer, agent or insurance -

support organization may utilize as its disclosureauthorization form in connection with insurance

transactions a form or statement which author-

izes the disclosure of personal or privileged information about an individual to the insurer, agent

or insurance - support organization unless theform or statement

a) Is written in plain language,

b) Is dated,

c) Specifies the types of persons authorizedto disclose information about the individual,

d) Specifies the nature of the information

authorized to be disclosed,

e) Names the insurer or agent and identifies

by generic reference the representatives of theinsurer to whom the individual is authorizing

information to be disclosed,

f) Specifies the purposes for which the information is collected,

g) Specifies the length of time such authorization will remain valid, which shall be nolonger than

A) In the case of authorizations signed for

the purpose of collecting information in connection with an application for an insurance policy, apolicy reinstatement or a request for change inpolicy benefits

909

SUPERSEDED

746.635 INSURANCE

1) Thirty months from the date the authorization is signed if the application or request

involves life or health insurance, or

ii) Twelve months from the date the authorization is signed if the application or request

involves other kinds of insurance

B) In the case of authorizations signed for

the purpose of collecting information in connection with a claim for benefits under an insurancepolicy

1) The term of coverage of the policy and theduration of any claim extending after the term ofcoverage if the claim 1s for a health insurancebenefit, or

u) The duration of the claim if the claim isnot for a health insurance benefit, and

h) Advises the individual or a person author-

ized to act on behalf of the individual that theindividual or the individual' s authorized repre-

sentative is entitled to receive a copy of theauthorization form.

2) A disclosure authorization obtained by aninsurer, agent or insurance- support organization

from an individual prior to January 1, 1983, shallbe considered to be in compliance with thissection ( 1981 c 649 § 81

746.635 Investigative consumer

reports. ( 1) No insurer, agent or insurance - support organization may prepare or request aninvestigative consumer report about an indi-

vidualln connection with an insurance transac-

tion involving an application for insurance, apolicy renewal, a policy reinstatement or a changein insurance benefits unless the insurer or agentinforms the individual

a) That the individual may request to beinterviewed in connection with the preparation

of the investigative consumer report, and

b) That upon a request pursuant to ORS746 640, the individual 1s entitled to receive a

copy of the investigative consumer report

2) If an investigative consumer report is to

be prepared by an insurer or agent, the insurer oragent shall institute reasonable procedures to

conduct a personal interview requested by theindividual

3) If an investigative consumer report is to

be prepared by an insurance- support organization, the insurer or agent desiring the report shallinform the insurance- support organization

whether a personal interview has been requestedby the individual. The insurance- support organization shall institute reasonable procedures to

conduct such requested interviews [ 1961 c 649 § 91

746.640 Access to recorded personal

information. ( 1) If any individual, after properidentification, submits a written request to an

insurer, agent or insurance - support organization

for access to recorded personal information about

the individual which is reasonably described bythe individual and reasonably locatable andretrievable by the insurer, agent or insurance - support organization, the insurer, agent or insur-

ance- support organization within 30 business

days from the date the request is received shalla) Inform the individual of the nature and

substance of the recorded personal information in

writing, by telephone or by other oral communication, whichever the insurer, agent or insur-

ance- support organization prefers,

b) Permit the individual to see and copy, inperson, the recorded personal information or to

obtain a copy of the recorded personal information by mail, whichever the individual prefers, unless the recorded personal information is in

coded form, in which case an accurate translation

in plain language shall be provided in writing, c) Disclose to the individual the identity, if

recorded, of the persons to whom the insurer,

agent or insurance- support organization has dis-

closed the recorded personal information within

two years prior to the request, and if such identityis not recorded, the names of the insurers, agents,

insurance- support organizations and other per-

sons to whom such information is normally disclosed, and

d) Provide the individual with a summary ofthe procedures by which the individual mayrequest correction, amendment or deletion of

recorded personal information

2) Any personal information provided pursuant to this section shall identify the source ofthe information if the source is an institutionalsource

3) Medical record information supplied by amedical care institution or medical professional

and requested under this section, together with

the identity of the medical professional or medical care institution which provided the informa-

tion, shall be supplied either directly to theindividual or to a medical professional designated

by the individual and licensed to provide medicalcare with respect to the condition to which the

information relates, whichever the insurer, agent

or insurance - support organization prefers If itelects to disclose the information to a medical

professional designated by the individual, theinsurer, agent or insurance- support organization

shall notify the individual, at the time of thedisclosure, that it has provided the information tothe medical professional

910

SUPERSEDED


4) Except for personal information provided

under ORS 746 650, an insurer, agent or insur-

ance- support organization may charge a reason-

able fee to cover the costs incurred in providing acopy of recorded personal information to an individual

5) The obligations imposed by this sectionupon an insurer or agent may be satisfied byanother insurer or agent authorized to act on its

behalf With respect to the copying and disclosureof recorded personal information pursuant to a

request under this section, an insurer, agent or

insurance- support organization may makearrangements with an insurance- support organi-

zation or a consumer reporting agency to copyand disclose recorded personal information on itsbehalf

6) The rights granted to individuals by thissection shall extend to all natural persons to the

extent information about them is collected and

maintained by an insurer, agent or insurance- support organization in connection with an

insurance transaction The rights granted to all

natural persons by this subsection shall notextend to information about them that relates toand is collected in connection with or in reason-

able anticipation of a claim or a civil or criminal

proceeding involving them7) For purposes of this section, the term

insurance- support organization" does not

include " consumer reporting agency " [ 1981 c 649101

746. 645 Correction, amendment ordeletion of recorded personal information.

1) Within 30 business days from the date ofreceipt of a written request from an individual to

correct, amend or delete any recorded personalinformation about the individual within its pos-

session, an insurer, agent or insurance- support

organization shall either

a) Correct, amend or delete the portion ofthe recorded personal information in dispute, or

b) Notify the individual ofA) Its refusal to make the correction,

amendment or deletion,

B) The reasons for the refusal, and

C) The individual' s right to file a statementas provided in subsection ( 3) of this section

2) If the insurer, agent or insurance - supportorganization corrects, amends or deletes recordedpersonal information in accordance with subsec-

tion ( 1) of this section, the insurer, agent or

insurance- support organization shall so notify

the individual in writing and furnish the correction, amendment or fact of deletion to

a) Each person specifically designated by theindividual who may have, within the precedingtwo years, received the recorded personalinfor-

mation,

b) Each insurance- support organization

whose primary source of personal information isinsurers, if the insurance- support organization

has systematically received recorded personalinformation from the insurer within the preced-

ing seven years However, the correction, amendment or fact of deletion need not be furnished ifthe insurance- support organization no longermaintains recorded personal information about

the individual, and

c) Each insurance - support organization thatfurnished the recorded personal information that

has been corrected, amended or deleted

3) Whenever an individual disagrees with aninsurer' s, agent' s or insurance- support organiza-

tion' s refusal to correct, amend or delete recordedpersonal information, the individual shall be per-

mitted to file with the insurer, agent or insurance- support organization

a) A concise statement setting forth whatthe individual thinks is the correct, relevant or

fair information, and

b) A concise statement of the reasons whythe individual disagrees with the insurer' s, agent' s or insurance- suppOrt organization' s

refusal to correct, amend or delete recorded personal information

4) In the event an individual files either orboth of the statements described in subsection (3) of this section, the insurer, agent or insurance -

support organization shall

a) File the statements with the disputedpersonal information and provide a means bywhich anyone reviewing the disputed personalinformation will be made aware of the indi-

vidual' s statements and have access to them,

b) In any subsequent disclosure by theinsurer, agent or insurance - support organization

of the recorded personal information that is thesubject of the disagreement, clearly identify thematter or matters in dispute and provide theindividual' s statements along with the recordedpersonal information being disclosed, and

c) Furnish the statements to the persons andin the manner specified in subsection ( 2) of thissection

5) The rights granted to individuals by thissection shall extend to all natural persons to the

extent information about them is collected and

maintained by an insurer, agent or insurance-

911

SUPERSEDED

746.650 INSURANCE

support organization in connection with an

insurance transaction The rights granted to allnatural persons by this subsection shall notextend to information about them that relates to

and is collected in connection with or in reason-

able anticipation of a claim or a civil or criminal

proceeding involving them

6) For purposes of this section, the terminsurance- support organization" does not

include " consumer reporting agency " [ 1981 c 649111

746.650 Reasons for adverse underwriting decisions. ( 1) In the event of an

adverse underwriting decision the insurer oragent responsible for the decision shall

a) Either provide the applicant, policyholderor individual proposed for coverage with thespecific reason or reasons for the adverse under-

writing decision in writing or advise the personthat upon written request the person may receivethe specific reason or reasons in writing, and

b) Provide the applicant, policyholder or

individual proposed for coverage with a summaryof the rights established under subsection ( 2) ofthis section and ORS 746 640 and 746 645

2) Upon receipt of a written request within

90 business days from the date of the mailing ofnotice or other communication of an adverse

underwriting decision to an applicant, policyholder or individual proposed for coverage, theinsurer or agent shall furnish to the person within

21 business days from the date of receipt of thewritten request

a) The specific reason or reasons for theadverse underwriting decision, in writing, if thisinformation was not initially furnished in writingpursuant to subsection ( 1) of this section,

b) The specific items of personal information and privileged information that support

these reasons, subject, however, to the followingA) The insurer or agent shall not be required

to furnish specific items of privileged informationif it has a reasonable suspicion, based upon specific information available for review by thedirector, that the applicant, policyholder or individual proposed for coverage has engaged in crim-

inal activity, fraud, material misrepresentation ormaterial nondisclosure

B) Specific items of medical record information supplied by a medical care institution ormedical professional shall be disclosed eitherdirectly to the individual about whom the information relates or to a medical professional designated by the individual and licensed to providemedical care with respect to the condition to

which the information relates, whichever the

insurer or agent prefers, and

c) The names and addresses of the institu-

tional sources which supplied the specific items

of information described in paragraph ( b) of thissubsection However, the identity of any medicalcare institution or medical professional shall be

disclosed either directly to the individual or to thedesignated medical professional, whichever theinsurer or agent prefers

3) The obligations imposed by this sectionupon an insurer or agent may be satisfied byanother insurer or agent authorized to act on itsbehalf

4) When an adverse underwriting decisionresults solely from an oral request or inquiry, theexplanation of reasons and summary of rights

required by subsection ( 1) of this section may begiven orally. 11981 c 649 § 121

746.655 Information concerning previous adverse underwriting decisions. Noinsurer, agent or insurance - support organization

may seek information in connection with an

insurance transaction concerning any previousadverse underwriting decision experienced by anindividual, or any previous insurance coverage

obtained by an individual through a residualmarket mechanism, unless the inquiry alsorequests the reasons for any previous adverseunderwriting decision or the reasons why insurance coverage was previously obtained through aresidual market mechanism [ 1981 c 649 9131

746.660 Basing adverse underwritingdecision on previous adverse decision. Noinsurer or agent may base an adverse underwriting decision in whole or in part on

1) The fact of a previous adverse underwrit-

ing decision or on the fact that an individualpreviously obtained insurance coverage through aresidual market mechanism However, an insurer

or agent may base an adverse underwriting decision on further information obtained from an

insurer or agent responsible for a previous

adverse underwriting decision2) Personal information received from an

insurance- support organization whose primarysource of information is insurers However, an

insurer or agent may base an adverse underwriting decision on further personal informationobtained as the result of information received

from such an insurance- support organization1981 c 649 9141

746 665 Limitations and conditions ondisclosure of certain information. ( 1) Aninsurer, agent or insurance - support organization

912

SUPERSEDED


shall not disclose any personal or privileged information about an individual collected or received

in connection with an insurance transaction

unless the disclosure meets one or more of the

following conditions

a) Is with the written authorization of theindividual, and

A) If the authorization is submitted byanother insurer, agent or insurance- support

organization, the authorization meets the

requirements of ORS 746 630, or

B) If the authorization is submitted by aperson other than an insurer, agent or insurance-

support organization, the authorization is

i) Dated,

u) Signed by the individual, and

in) Obtained one year or less prior to the

date a disclosure is sought pursuant to this subsection

b) Is to a person other than an insurer, agentor insurance- support organization, if the dis-

closure is reasonably necessary to enable theperson to

A) Perform a business, professional or insurance function for the disclosing insurer, agent orinsurance - support organization and the person

agrees not to disclose the information furtherwithout the individual' s written authorization

unless the further disclosure

i) Would otherwise be permitted by thissection if made by an insurer, agent, or insurance - support organization, or

u) Is reasonably necessary for the person toperform its function for the disclosing insurer, agent or insurance-support organization, or

B) Provide information to the disclosinginsurer, agent or insurance- support organization

for the purpose of

i) Determining an individual' s eligibility foran insurance benefit or payment, or

n) Detecting or preventing criminal activity, fraud, material misrepresentation or material

nondisclosure in connection with an insurance

transaction

c) Is to an insurer, agent, insurance- support

organization or self - insurer, if the information

disclosed is limited to that which is reasonablynecessary

A) To detect or prevent criminal activity, fraud, material misrepresentation or material

nondisclosure in connection with insurance

transactions, or

B) For either the disclosing or receivinginsurer, agent or insurance- support organization

to perform its function in connection with an

insurance transaction involving the individuald) Is to a medical care institution or medical

professional and discloses only such informationas is reasonably necessary to accomplish one ormore of the following purposes

A) Verifying insurance coverage or benefitsB) Informing an individual of a medical

problem of which the individual may not beaware

C) Conducting an operations or servicesaudit

e) Is to an insurance regulatory authority

f) Is to a law enforcement or other govern-

mental authority

A) To protect the interests of the insurer, agent or insurance- support organization in pre -

venting or prosecuting the perpetration of fraudupon it, or

B) If the insurer, agent or insurance- support

organization reasonably believes that illegalactivities have been conducted by the individual

g) Is otherwise permitted or required by law. h) Is in response to a facially valid admin-

istrative or judicial order, including a searchwarrant orsubpena

i) Is made for the purpose of conductingactuarial or research studies, if

A) No individual may be identified in anyresulting actuarial or research report,

B) Materials allowing the individual to beidentified are returned or destroyed as soon as

they are no longer needed, andC) The actuarial or research organization

agrees not to disclose the information unless the

disclosure would otherwise be permitted by thissection if made by an insurer, agent or insurance - support organization

I) is to a party or a representative of a partyto a proposed or consummated sale, transfer,

merger or consolidation of all or part of the

business of the insurer, agent or insurance -support organization, if

A) Prior to the consummation of the sale,

transfer, merger or consolidation only such infor-

mation is disclosed as is reasonably necessary toenable the recipient to make business decisionsabout the purchase, transfer, merger or conaolida-

tion, and

B) The recipient agrees not to disclose theinformation unless the disclosure would other-

913

SUPERSEDED

746.670

wise be permitted by this section if made by aninsurer, agent or insurance- support organization

k) Is to a person whose only use of theinformation will be in connection with the mar-

keting of a product or service, ifA) No medical record information, priv-

ileged information or personal Information relat-

ing to an individual' s character, personal habits, mode of living or general reputation is disclosed, and no classification derived from such informa-

tion is disclosed,

B) The Individual has been given an oppor-

tunity to indicate that the Individual does notwant personal Information disclosed for market-

ing purposes and has given no indication that theindividual does not want the Information dis-

closed, and

C) The person receiving the Informationagrees not to use it except in connection with the

marketing of a product or service

L) Is to an affiliate whose only use of theinformation will be in connection with an audit of

the Insurer or agent or the marketing of anInsurance product or service, and the affiliate

agrees not to disclose the Information for anyother purpose or to unaffiliated persons

m) Is by a consumer reporting agency, andthe disclosure is to a person other than an Insureror agent

n) Is to a group policyholder for the purposeof reporting claims experience or conducting anaudit of the insurer' s or agent' s operations or

services, and the Information disclosed is reason-

ably necessary for the group policyholder to conduct the review or audit

o) Is to a professional peer review organiza-

tion for the purpose of reviewing the service orconduct of a medical care institution or medical

professional

p) Is to a governmental authority for thepurpose of determining the individual' s eligibilityfor health benefits for which the governmental

authority may be liable

q) Is to a policyholder or certificate holderfor the purpose of providing information regarding the status of an insurance transaction

2) Personal or privileged information may beacquired by a group practice prepayment healthcare service contractor from providers which con-

tract with the contractor and may be transferredamong providers which contract with the con-

tractor for the purpose of administering plansoffered by the contractor The information maynot be disclosed otherwise by the contractor

except in accordance with ORS 746 600 to

746 690 and 750 055 p981 c 649 § 15, 1987 c 490 § sal

746.670 Investigatory powers. ( 1) Thedirector shall have the power to examine and

Investigate Into the affairs of any insurer or agent

transacting Insurance in this state to determinewhether it has been or Is engaged In any conductin violation of ORS 746 600 to 746 690 and750 055

2) The director shall have the power to

examine and Investigate Into the affairs of anyInsurance - support organization acting on behalfof an Insurer or agent which either transacts

Insurance in this state or transacts Insurance

outside this state which has an effect on a person

residing in this state, in order to determinewhether the Insurance- support organization has

been or Is engaged in any conduct in violation ofORS 746 600 to 746 690 and 750 055 11981 c 649

16, 1987 c 490 § 541

746.675 Service of process on out -ofstate insurance- support organizations. Forthe purpose of ORS 746 600 to 746 690 and750 055, an Insurance- support organization

transacting business outside this state which hasan effect on a person residing in this state shall beconsidered to have appointed the director toaccept service of process on Its behalf Notice of

such service shall be given forthwith by thedirector as provided for orders and notices underORS 731 248 ( 3) 11991 c 649 § 17, 1987 c 490 8551

746.680 Remedies ( 1) If any insurer, agent or insurance - support organization falls tocomply with ORS 746 640, 746 645 or 746 650, any person whose rights granted under those

sections are violated may apply to the circuitcourt for the county in which the person resides, or any other court of competent jurisdiction, forappropriate equitable relief

2) An insurer, agent or insurance - supportorganization which discloses Information in violation of ORS 746 665 shall be liable for damages

sustained by the individual about whom theInformation relates However, no individual shall

be entitled to a monetary award which exceedsthe actual damages sustained by the Individual asa result of the violation of ORS 746 665

3) In any action brought pursuant to thissection, the court may award the cost of theaction and reasonable attorney fees to the personwho brings the action if that person prevails inthe action

4) An action under this section must be

brought within two years from the date thealleged violation is or should have been discovered

914

SUPERSEDED


5) Except as specifically provided in thissection, there shall be no remedy or recoveryavailable to individuals, in law or in equity, foroccurrences constituting a violation of any provision of ORS 746 600 to 746. 690 and 750 055 [ 1981c 649 § 18, 1967 c 490 §56]

746.685 Liability for disclosure ofinformation. No cause of action in the nature

of defamation, invasion of privacy or negligenceshall arise against any person for disclosing personal or privileged information in accordance

with ORS 746 600 to 746 690 and 750 055, nor

shall such a cause of action arise against any

person for furnishing personal or privileged mfor- mation to an insurer, agent or insurance- support

organization. However, this section shall provide

no immunity for disclosing or furnishing false

information with malice or wilful intent to injure

any person [ 1961 c 649 § 19, 1967 c 490 § 57]

746. 690 Obtaining information underfalse pretenses prohibited. No person shall

knowingly and wilfully obtain information aboutan individual from an insurer, agent or insurance-

support organization under false pretenses 11981c 649 §20]

PENALTIES

746 990 [ Repealed by 1967c359§ 7041

746.991 Criminal penalties. Violation

of ORS 746 280 to 746 292 is punishable by a tinenot exceeding $ 100 [ 1977 c 785 § 61

915


SUPERSEDED

916

SUPERSEDED

Chapter 747


1987 reprint)

Surety Companies

747 010 [ Amended by 1955 c 466 § l, repealed by 1967c 359 § 7041

747 020 [ Repealed by 1955 c 466 § 61

747 030 [ Amended b) 1955 e 466 § 2, 1965 c 610 § 14

repealed b) 1967 c 359 § 704]

747 040 [ Amended by 1955 c 466 §3 repealed by 1967c 359 §7041

747 050 [ Amended b) 1965 c 267 § l, repealed by 1967c 359 §704[

747 060 [ Repealed by 1967 c 359 § 704]

747 070 [ Repealed by 1967 c 359 § 704]

717 080 [ Amended by 1967 c 959 § 510, renumbered

7437321

747 082 11961 c 569 §3, 1967 c359 §520, renumbered

74,3 7621

747 084 [ 1961 c 569 §4, 1967 c 359 §621, renumbered

7437651

747 086 [ 1961 c 569 § 5, 1967 c 359 § 522, renumbered

7437681

747 090 [ Amended b) 1955 c 466 §4, repealed by 1967

c 359 § 7041

747 100 ( Amended by 1967 c 359 § 511, renumbered743 735[

747 110 [ Amended by 1967 c 359 § 512 renumbered743 7.38]

747 120 [ Amended by 1955 c 466 §5, repealed by 1967c 959 § 7041

747. 130 [ Amended by 1967 c 959 § 513, renumbered743 741 ]

747 140 [ Amended by 1967 c 359 § 514, renumbered743 744]


7437471

747 160 [ Repealed by 1967 c 359 § 7041




7437591

747 200 [ Repealed by 1967 c 359 § 7041

747 990 ( Repealed by 1967 c 359 § 7041

917

SUPERSEDED

INSURANCE

918

SUPERSEDED

Chapter 748


Fraternal Benefit Societies

DEFINITIONS AND DESCRIPTIONS

meet synopsis, complaints

748 103 Definitions 748 306

748 106 Description of fraternal benefit society 748 309

748 109 Conditions constituting ' operating on a 748 312

Amendment of society laws

lodge system"

Creation and operation of other organiza-

748 112 Conditions constituting " representative 748 316

Consolidation and merger

form of government" 748 319

PENALTIES

SOCIETIES GENERALLY

Penalties

748 121 Purposes, operation and powers 748 322

748 123 Membership, eligibility, admission process, privileges

748 125 Service of process on society

ORGANIZATIONAL AND ADMINISTRATIVE

PROVISIONS

748 130 Principal office, publications, annual state-

LICENSING AND REINSURANCE

748 171 Renewal of authority to transact business,

meet synopsis, complaints

748133 Formation

748 136 Officers, governors, directors, exemption

748 181

from liabdity, indemnification, insurance

748 139 Waiver of provisions by subordinate body

748 142 Amendment of society laws

748 144 Creation and operation of other organiza-

EXEMPTIONS, RELATION TO OTHER LAW

tions and entities

748 148 Consolidation and merger


748 171 Renewal of authority to transact business,

BENEFITS, BENEFICIARIES AND CONTRACTS

GENERALLY

748 201

fee

748 174 Licensing foreign or alien society

748177 Licensing as mutual life insurance company

748 181 Agents, licensing

748 181 Reinsurance

BENEFITS, BENEFICIARIES AND CONTRACTS

GENERALLY

748 201 Benefits

748 204 Beneficiaries

748. 207 Benefits exempt from execution

748 211 Benefit contract, certificate

919

748 401

748 403

748. 406

748 409

748 412

748 414

GROUP BENEFITS

Authority for group benefit certificates

Group membership, lodges

Membership in lodges organized underORS 748 309

Payments for group benefits

Group certificates issued by foreign or aliensociety or by domestic society in foreign oralien jurisdiction

Continuation of membership in societyafter cancellation, discontinuance or non -

renewal of group certificate

FINANCIAL PROVISIONS

Value of benefit and amount of options

Standards of valuation for certificates

Financial statement, filing, valuation, penalty

Assets of society

Investment of funds

Funds exempt from certain taxes

ENFORCEMENT

748 501 Examination

748 503 Investigation of society, notice of deficiencies, action by Attorney General, hearing

748 506 Investigation of foreign or alien society, notice of deficiencies, revocation or suspen-

sion of authority

748 509 Validity of petition for injunction

EXEMPTIONS, RELATION TO OTHER LAW

748 601 Exemptions from chapter

748 603 Relationship to other insurance laws

PENALTIES

748 990 Penalties

CROSS REFERENCES

Definitions and general provisions applicable, 731004 to731 194

Home solicitation sales regulation, insurance excepted, 83 710


SUPERSEDED

INSURANCE

920

SUPERSEDED

FRATERNAL BENEFIT SOCIETIES 748. 112

748 010 [ Amended by 1955c 465 § 7. 1967c359 §108renumbered 7315621

748 020 [ Amended by 1955 c 465 §8, repealed by 1967e 359 § 7041

748 030 [ Repealed by 1967 c 359 § 7041

748 040 [ Amended by 1955 a 465 §9, repealed by 1967

c 359 § 7041

748 045 [ 1955 c 465 § 4, repealed by 1967 c 359 § 704]

748 050 [ Repealed by 1955 c 465 § 12]

name known, which are payable under the certifi-

cate

8) " Rules" means all rules, regulations or

resolutions adopted by the supreme governingbody or board of directors which are intended tohave general application to the members of the

society

9) " Society" means fraternal benefit society, unless otherwise indicated 11987 c 490 § 21

748 055 11955 c 465 46, repealed by 1967 c 459 § 7041 § 581

748 060 [ Repealed by 1967 c 359 § 7041

748 070 [ Amended bi 1955 c, 465 § 10 repealed b}

1967 c 359 § 704]

748 075 11955 c 465 § 3, repealed by 1967 c 359 § 7041

748 080 [ Repealed by 1955 c465 §121

748 084 [ 1955 c 465 § 2, 1967 c 359 § 94, renumbered

731 4381

748 086 [ 1955 c 465 § 5, 1967 c 359 § 572, renumbered

7460551

748 090 [ Amended by 1955 a 465 § 11, repealed by

1967 c 359 § 7041

DEFINITIONS AND DESCRIPTIONS

748. 103 Definitions. As used in thischapter

1) " Benefit contract" means the agreement

for provision of benefits authorized by ORS748 201, as that agreement is described in ORS748211 ( 1)

2) " Benefit member" means an adult mem-

ber who is designated by the laws or rules of thesociety to be a benefit member under a benefitcontract

3) " Certificate" means the document issued

as written evidence of the benefit contract

4) " Impaired" means either

a) For a society that does not write variablecontracts, whenever its assets are less than its

total liabilities, or

b) For a society that does write variablecontracts, whenever its assets are less than its

total liabilities, plus the required surplus for amutual life insurer to write such contracts

5) " Laws" means the society' s articles ofincorporation, constitution and bylaws, howeverdesignated

6) " Lodge" means subordinate member units

of the society, known as camps, courts, councils, branches or by any other designation

7) " Premiums" means premiums, rates, dues

or other required contributions by whatever

921


748 106 Description of fraternal ben-

efit society. Any corporation, society, order, supreme lodge or voluntary association, withoutcapital stock, conducted solely for the benefit ofits members and their beneficiaries and not -for- profit, operated on a lodge system with ritualistic

form of work, having a representative form ofgovernment and which provides benefits inaccordance with this chapter is hereby declaredto be a fraternal benefit society [ 1987 c 490 § 31

748. 109 Conditions constituting

operating on a lodge system." ( 1) A societyis operating on the lodge system if it has asupreme governing body and subordinate lodgesinto which members are elected, initiated or

admitted in accordance with its laws, rules and

ritual Subordinate lodges shall be required by thelaws of the society to hold regular meetings atleast once each month in furtherance of the

purposes of the society

2) A society may, at its option, organize andoperate lodges for children under the minimum

age for adult membership Membership and ini- tiation in local lodges shall not be required of thechildren, nor shall the children have a voice or

vote in the management of the society [ 1987 c 49041

748 110 [ Formery 740020, repealed by 1987 c490581

748. 112 Conditions constituting

representative form of government." A

society has a representative form of governmentwhen

1) It has a supreme governing body constituted as

a) An assembly composed of delegateselected directly by the members or at intermediate assemblies or conventions of members or

their representatives, together with other dele-

gates as may be prescribed in the society' s laws Asociety may provide for election of delegates bymail The elected delegates shall constitute a

majority in number and shall not have less thantwo - thirds of the votes and not less than the

SUPERSEDED

748. 121 INSURANCE

number of votes required to amend the society' slaws. The assembly shall be elected and shall meetat least once every four years and shall elect aboard of directors to conduct the business of the

society between meetings of the assembly Vacan- cies on the board of directors between elections

may be filled in the manner prescribed by thesociety's laws, or

b) A board composed of persons elected bythe members, either directly or by their representatives in intermediate assemblies, and any otherpersons prescribed in the society' s laws A societymay provide for election of the board by mailEach term of a board member may not exceedfour years Vacancies on the board between elec-

tions may be filled in the manner prescribed bythe society' s laws Those persons elected to theboard shall constitute a majority in number andnot less than the number of votes required to

amend the society' s laws A person filling theunexpired term of an elected board member shallbe considered to be an elected member The board

shall meet at least quarterly to conduct the business of the society,

society, the admission of its members and themanagement of its affairs It shall have the powerto change, alter, add to or amend such laws andrules and shall have such other powers as are

necessary and incidental to carrying into effectthe objects and purposes of the society [ 1987 c 490

61

748. 123 Membership; eligibility;

admission process; privileges. ( 1) A societyshall specify in its laws or rules

a) Eligibility standards for each and everyclass of membership, provided that, if benefits areprovided on the lives of children, the minimum

age for adult membership shall be set at not lessthan 15 years of age and not greater than 21 yearsof age,

b) The process for admission to membershipfor each membership class, and

c) The rights and privileges of each mem-

bership class, provided that only benefit membersshall have the right to vote on the management of

the insurance affairs of the society2) The officers of the society are elected ( 2) A society may also admit social members

either by the supreme governing body or by the who shall have no voice or vote in the manage - board of directors,

ment of the insurance affairs of the society3) Only benefit members are eligible for

election to the supreme governing body and theboard of directors, and

4) Each voting member has one vote Novote may be cast by proxy [ 1987 c 490 §5]

748 115 [ Formerly 740 030, repealed b) 1987 c 490581

748 120 [ 1967 c 359 § 601, repealed by 1987 c 490 §581

SOCIETIES GENERALLY

748. 121 Purposes, operation and

powers. ( 1) The purposes of a society, as specified in subsection ( 2) of this section, may becarried out directly by the society, or indirectlythrough subsidiary corporations or affiliatedorganizations

2) A society shall operate for the benefit ofmembers and their beneficiaries by

a) Providing benefits as specified in ORS748 201. and

b) Operating for one or more social, intellec- tual, educational, charitable, benevolent, moral,

fraternal, patriotic or religious purposes for the

benefit of its members, which may also beextended to others

3) Every society shall have the power toadopt laws and rules for the government of the

3) Membership rights in the society arepersonal to the member and are not assignable

1987 c 490 § 71

748. 125 Service of process on society. 1) Every society authorized to do business in

this state shall appoint, in writing, the director, and each successor in the office, to be its true and

lawful attorney upon whom all lawful process inany action or proceeding against it shall beserved, and shall agree in writing that any lawfulprocess against it which is served on the attorneyshall be of the same legal force and validity as ifserved upon the society, and that the authorityshall continue in force so long as any liabilityremains outstanding in this state Copies of suchappointment, certified by the director, shall bedeemed sufficient evidence and shall be admittedin evidence with the same force and effect as theorginal might be admitted

2) Service shall only be made upon thedirector, or if absent, upon the person in charge ofthe director' s office It shall be made in duplicateand shall constitute sufficient service upon the

society When legal process against a society isserved upon the director, the director shall for-

ward one of the duplicate copies by registeredmall, prepaid, directed to the secretary or corres-

922

SUPERSEDED


pondmg officer No such service shall require asociety to file its answer, pleading or defense inless than 30 days from the date of mailing thecopy of the service to a society Legal processshall not be served upon a society except in themanner provided in this section At the time of

serving any process upon the director, the plaintiff or complainant in the action shall pay to thedirector the fee established pursuant to ORS

731 804 11987 c 490 § 421

ORGANIZATIONAL ANDADMINISTRATIVE PROVISIONS

748. 130 Principal office; publica-

tions; annual statement synopsis;

complaints. ( 1) The principal office of anydomestic society shall be located in this stateThe meetings of its supreme governing body maybe held in any state, district, province or territoryin which the society has at least one lodge or inany other location as determined by the supremegoverning body, and all business transacted at themeetings shall be as valid in all respects as if themeetings were held in this state The minutes of

the proceedings of the supreme governing bodyand of the board of directors shall be in English

2) A society may provide in its laws for anofficial publication in which any notice, report or

statement required by law to be given to members, including notice of election, may be published The required notices, reports or

statements shall be printed conspicuously in thepublication If the records of a society show thattwo or more members have the same mailingaddress, an official publication mailed to onemember is deemed to be mailed to all members atthe same address unless a member requests a

separate cop}

3) Not later than June 1 of each year, a

synopsis of the society' s annual statementproviding an explanation of the facts concerningthe condition of the society thereby disclosedshall be printed and mailed to each benefit member of the society or, in lieu thereof, the synopsismay be published in the society' s offical publication

4) A society may provide in its laws or rulesfor grievance or complaint procedures for mem-

bers [ 1987c490§ 8]

748. 133 Formation. A domestic societyorganized on or after January 1, 1988, shall beformed as follows

1) Seven or more citizens of the United

States, a majority of whom are citizens of thisstate, who desire to form a fraternal benefit

society, may make and sign articles of incorpora-

tion The articles shall be acknowledged beforesome officer competent to take acknowledgment

of deeds and shall state

a) The proposed corporate name of the soci-

ety, which shall not so closely resemble the nameof any society or insurance company as to bemisleading or confusing,

b) The purposes for which it is being formedand the mode in which its corporate powers are to

be exercised The purposes shall not include more

liberal powers than are granted by this chapter,

c) The names and residences of the incorporators and the names, residences and official

titles ofall the officers, trustees, directors or otherpersons who are to have and exercise the generalcontrol of the management of the affairs and

funds of the society until their successors areelected by the supreme governing body, and

d) A plan for the election of officers, trustees

and directors by the supreme governing bodyThe election shall be held not later than one yearfrom the date of issuance of the permanent cer-

tificate of authority

2) The articles of incorporation, duly certified copies of the society' s bylaws and rules, copies of all proposed forms of certificates,

applications therefor and circulars to be issued bythe society and a bond conditioned upon thereturn to applicants of the advanced payments if

the organization is not completed within one year

shall be filed with the director, who may requiresuch further information as the director deemsnecessary The bond with sureties approved bythe director shall be in an amount, not less than

300, 000 nor more than $1, 500,000 as required bythe director. All documents filed are to be in

English If the purposes of the society conform tothe requirements of this chapter and all provi-

sions of the law have been complied with, the

director shall so certify, retain and file the articlesof incorporation and furnish the incorporators a

preliminary certificate of authority authorizing

the society to solicit members as provided in thischapter

3) No preliminary certificate of authoritygranted under the provisions of this section shall

be valid after one year from its date or after anyfurther period, not exceeding one year, as may beauthorized by the director upon cause shown, unless the 500 applicants required have beensecured and the organization has been completedas provided in this chapter The articles of incorporation and all other proceedings thereunder

shall become null and void in one year from the

date of the preliminary certificate of authority, or

923

SUPERSEDED

748. 136

at the expiration of the extended period, unless

the society has completed its organization andreceived a certificate of authority to do businessas provided in this chapter

4) Upon receipt of a preliminary certificateof authority from the director, the society maysolicit members for the purpose of completing itsorganization, shall collect from each applicant

the amount of not less than one regular monthlypremium in accordance with its tables of rates

and shall issue to each applicant a receipt for the

amount collected No society shall incur anyliability other than for the return of the advancepremium, nor issue any certificate, nor pay, allow

or offer or promise to pay or allow, any benefit toany person until

a) Actual bona fide applications for benefitshave been secured on not less than 500 appli-

cants, and any necessary evidence of insurability

has been furnished to and approved by the society,

b) At least 10 lodges have been establishedinto which the 500 applicants have been admit-

ted,

c) There has been submitted to the director,

under oath of the president or secretary, orcorresponding officer of the society, a list of suchapplicants, giving their names, addresses, dateeach was admitted, name and number of the lodgeof which each applicant is a member, amount of

benefits to be granted and premiums therefor, and

d) It has been shown to the director, bysworn statement of the treasurer, or correspond-

ing officer of such society, that at least 500applicants have each paid in cash at least one

regular monthly premium as herein provided, which premiums in the aggregate amount to at

least $ 150,000 The advance premiums shall beheld in trust during the period of organizationand if the society has not qualified for a certificate of authority within one year, as provided inthis chapter, the premiums shall be returned tothe applicants

5) The director may make any examinationand require any further information that thedirector deems advisable Upon presentation of

satisfactory evidence that the society has complied with all the provisions of law, the director

shall issue to the society a certificate of authorityto that effect and that the society is authorized totransact business pursuant to the provisions of

this chapter The certificate of authority shall beprima facie evidence of the existence of the soci-

ety at the date of the certificate The directorshall cause a record of the certificate of authority

to be made A certified copy of the record may begiven in evidence with like effect as the original

certificate of authority

6) An incorporated society authorized totransact business in this state at the time thischapter becomes effective shall not be required to

reincorporate [ 1987 c 490 991

748135 [ Formerly 740090, repealed by 1987 c490x581

748. 136 Officers, governors, direc-

tors; exemption from liability; indemnification; insurance. ( 1) The officers and

members of the supreme governing body or anysubordinate body of a society shall not be personally liable for any benefits provided by a society

2) Any person may be indemnified and reimbursed by any society for expenses reasonablyincurred by, and liabilities imposed upon, theperson in connection with or arising out of any

action, suit or proceeding, whether civil, criminal,

administrative or investigative, or threat of anyaction, suit or proceeding, in which the personmay be involved by reason of the fact that theperson is or was a director, officer, employe or

agent of the society or of any firm, corporation ororganization which the person served in anycapacity at the request of the society Except asprovided in subsection ( 3) of this section, a per-

son shall not be indemnified or reimbursed

a) In relation to any matter in such action, suit or proceeding as to which the person shallfinally be adjudged guilty of breach of a duty as adirector, officer, employe or agent of the society, or

b) In relation to any matter in such action, suit or proceeding, or threat of such action, suit orproceeding, which has been made the subject of acompromise settlement

3) A person described in subsection ( 2) of

this section may be indemnified ifa) The person acted in good faith for a

purpose the person reasonably believed to be in ornot opposed to the best interests of the society, and

b) In a criminal action or proceeding, theperson had no reasonable cause to believe that theconduct of the person was unlawful

4) The determination whether the conductof the person met the standard required in order

to justify indemnification and reimbursement inrelation to any matter described in subsection ( 2) of this section may be made only by the supremegoverning body or board of directors by a majority vote of a quorum consisting of persons who

were not parties to the action, suit or proceeding,

924

SUPERSEDED


or by a court of competent jurisdiction Thetermination of any action, suit or proceeding byjudgment, order, settlement, conviction or upon a

plea of no contest, as to the person shall not in

itself create a conclusive presumption that the

person did not meet the standard of conduct

required in order to justify indemnification andreimbursement The right of indemnification and

reimbursement described in this section shall notbe exclusive of other rights to which the person

may be entitled as a matter of law and shall inureto the benefit of the person' s heirs, executors and

administrators

5) A society shall have power to purchaseand maintain insurance on behalf of any personwho is or was a director, officer, employe or agent

of the society, or who is or was serving at therequest of the society as a director, officer, employe or agent of any other firm, corporationor organization against any liability assertedagainst the person and incurred by the person inany such capacity or arising out of the person' sstatus as such, whether or not the society wouldhave the power to indemnify the person againstliability under this section [ 1987c490§ 101

748. 139 Waiver of provisions by subordinate body. The laws of the society mayprovide that no subordinate body, nor any of itssubordinate officers or members shall have the

power or authority to waive any of the provisionsof the laws of the society This provision shall bebinding on the society and every member andbeneficiary of a member 11987 c 490 § 11]

748 140 ] Formerly 740 100, repealed by 1987 c 490581

748. 142 Amendment of society laws. 1) A domestic society may amend its laws in

accordance with the provisions thereof by actionof its supreme governing body at any regular orspecial meeting thereof or, if its laws so provide, by referendum The referendum may be held inaccordance with the provisions of its laws by thevote of the voting members of the society, by thevote of delegates or representatives of votingmembers or by the vote of local lodges A societymay provide for voting by mail No amendmentsubmitted for adoption by referendum shall beadopted unless, within six months from the date

of submission, a majority of the members votinghave signified their consent to the amendment byone of the methods specified in this chapter

2) No amendment to the laws of any domestic society shall take effect unless approved by thedirector The director shall approve the amend-

ment if the director finds that it has been dulyadopted and is not inconsistent with any require-

ment of the laws of this state or with the char-

acter, objects and purposes of the society Unlessthe director shall disapprove any such amendment within 60 days after the filing, the amendment shall be considered approved The approval

or disapproval of the director shall be in writingand mailed to the secretary or correspondingofficer of the society at its principal office In casethe director disapproves the amendment, thereasons shall be stated in the written notice

3) Within 90 days from the approval by thedirector, all such amendments, or a synopsisthereof, shall be furnished to all members of the

society either by mail or by publication in full inthe official publication of the society The affidavit of any officer of the society or of anyoneauthorized by it to mail any amendments, orsynopses thereof, stating facts which show thatthe amendments have been duly addressed andmailed, shall be prima facie evidence that theamendments, or synopsis thereof, have been furnished to the addressee

4) Every foreign or alien society authorizedto do business in this state shall file with the

director a duly certified copy of all amendmentsof, or additions to, its laws within 90 days afterthe enactment of the amendments

5) Printed copies of the laws as amended,

certified by the secretary or corresponding officerof the society, shall be prima facie evidence of thelegal adoption thereof [ 1987c490§ 121

748. 144 Creation and operation ofother organizations and entities. ( 1) A soci-

ety may create, maintain and operate, or mayestablish organizations to operate, not - for - profit

institutions to further the purposes permitted byORS 748121 ( 2)( b) Such institutions may furnish services free or at a reasonable charge Anyreal or personal property owned, held or leased bythe society for this purpose shall be reported inevery annual statement

2) No society shall own or operate funeralhomes or undertaking establishments [ 1987 c 490

131


748. 148 Consolidation and merger.

1) A domestic society may consolidate or mergewith any other society by complying with theprovisions of this section It shall file with thedirector.

a) A certified copy of the written contractcontaining in full the terms and conditions of theconsolidation or merger,

b) A sworn statement by the president andsecretary or corresponding officers of each society

925

SUPERSEDED

748. 171 INSURANCE

showing the financial condition of the society ona date fixed by the director but not earlier thanDecember 31, next preceding the date of thecontract,

c) A certificate of the officers, duly verifiedby their respective oaths, that the consolidationor merger has been approved by a two - thirds voteof the supreme governing body of each society, the vote being conducted at a regular or specialmeeting of each body, or, if the society's laws sopermit, by mail, and

d) Evidence that at least 60 days prior to the

action of the supreme governing body of eachsociety, the text of the contract has been furnished to all members of each society either bymail or by publication in full in the officialpublication of each society.

2) If the director finds that the contract is in

conformity with the provisions of this section, that the financial statements are correct and thatthe consolidation or merger is lust and equitable

to the members of each society, the director shallapprove the contract and issue a certificate to

that effect Upon approval, the contract shall bein full force and effect unless any society which isa party to the contract is incorporated under thelaws of any other state or territory In such eventthe consolidation or merger shall not become

effective unless and until it has been approved as

provided by the laws of such state or territory anda certificate of approval filed with the director ofthis state or, if the laws of such state or territorycontain no such provision, then the consolidationor merger shall not become effective unless and

until it has been approved by the director ofinsurance of such state or territory and a certificate of approval filed with the director of thisstate

3) Upon the consolidation or merger becom-

ing effective as provided in this chapter, all therights, franchises and interests of the consoli-

dated or merged societies in and to every speciesof property, real, personal or mixed, and things inaction thereunto belonging shall be vested in thesociety resulting from or remaining after theconsolidation or merger without any other instru-

ment, except that conveyances of real propertymay be evidenced by proper deeds, and the title toany real estate or interest therein, vested underthe laws of this state in any of the societiesconsolidated or merged, shall not revert or be in

any way impaired by reason of the consolidationor merger, but shall vest absolutely in the societyresulting from or remaining after consolidation ormerger

4) The affidavit of any officer of the societyor of anyone authorized by it to mail any notice or

document, stating that the notice or documenthas been duly addressed and mailed, shall beprima facie evidence that the notice or document

has been furnished the addressees [ 1987 c 490 § 151

581

581

581

581

748150 [ Formerly 740120, repealed b} 1987 c490

748 155 ( Formerly 740 140, repealed by 1987 c 490



748 170 11967 c 359 § 609, repealed by 1987 c 490 § 581


748. 171 Renewal of authority totransact business; fee. ( 1) Societies which areauthorized to transact business in this state on

January 1, 1988, may continue business untilMay 1 next succeeding January 1, 1988 Theauthority of these societies and all societieslicensed after January 1, 1988, may thereafter berenewed annually, but in all cases shall terminateon the succeeding April 30 However, a license soissued shall continue in full force and effect untilthe new license which has been applied for is

issued or specifically refused

2) For each license or renewal, the societyshall pay the director, prior to April 1, the feeestablished pursuant to ORS 731804 A dulycertified copy or duplicate of the license shall beprima facie evidence that the licensee is a frater-

nal benefit society within the meaning of thischapter ( 1987c490§ 281

748. 174 Licensing foreign or aliensociety. No foreign or alien society shall transact business in this state without a license issued

by the commissioner Any foreign or alien societydesiring admission to this state shall complysubstantially with the requirements and limitations of this chapter applicable to domesticsocieties Any foreign or alien society may belicensed to transact business in this state upon a

showing that its assets are invested in accordancewith the provisions of this chapter and upon

filing with the director

1) A duly certified copy of its articles ofincorporation,

2) A copy of its bylaws, certified by itssecretary or corresponding officer,

3) A power of attorney to the director asprescribed in ORS 748 322,

4) A statement of its business under oath of

its president and secretary or corresponding

926

SUPERSEDED

FRATERNAL BENEFIT SOCIETIES 748.204

officers in a form prescribed by the director, dulyverified by an examination made by the supervising Insurance official of its home state or otherstate, territory, province or country, satisfactoryto the director,

5) Certification from the proper official of

Its home state, territory, province or country thatthe society is legally Incorporated and licensed totransact business in the state, territory, provinceor country,

6) Copies of its certificate forms, and

7) Such other information as the director

may deem necessary 11987 c 490 § 301

748 175 11967 c 359 § 610 repealed by 1987 c 490 §581

748. 177 Licensing as mutual lifeinsurance company. Any domestic fraternalbenefit society may be converted and licensed as amutual life insurance company by compliancewith all the requirements of the insurance laws of

this state for mutual life insurance companies A

plan of conversion shall be prepared in writing bythe board of directors setting forth in full theterms and conditions of conversion The affirmative vote of two - thirds of all members of the

supreme governing body at a regular or specialmeeting shall be necessary for the approval of theplan, or if the society is organized under the directelection method pursuant to ORS 748 112 ( 1)( a),

the plan of conversion shall be submitted by mailto the benefit members The affirmative vote of

two - thirds of the benefit members voting thereonshall be necessary for the approval of the plan Noconversion shall take effect unless and until

approved by the director who may give approvalif the director finds that the proposed change is in

conformity with the requirements of law and notprejudicial to the certificate holders of the soci-

ety 11987c490§ 161

748. 181 Agents; licensing. Agents ofsocieties shall be licensed In accordance with the

provisions of ORS 744 005 to 744 265 regulatingthe licensing, revocation, suspension ortermina- tion of license of resident and nonresident agents

1987 c 490 § 34]

748. 184 Reinsurance. ( 1) A domestic

society may, by a reinsurance agreement, cedeany individual risk or risks in whole or in part toan insurer, other than another fraternal benefit

society, having the power to make reinsuranceand authorized to do business in this state, or if

not authorized, one which is approved by thedirector, but no society may reinsure substantially all of its insurance in force without thewritten permission of the director The societymay take credit for the reserves on such ceded

927

risks to the extent reinsured, but no credit shallbe allowed as an admitted asset or as a deduction

from ] lability, to a ceding society for reinsurancemade, ceded, renewed or otherwise becomingeffective after January 1, 1988, unless the reinsurance is payable by the assuming Insurer on thebasis of the liability of the ceding society underthe contract or contracts reinsured without

diminution because of the insolvency of the ceding society

2) Notwithstanding the limitation in subsection ( 1) of this section, a society may reinsurethe risks of another society in a consolidation ormerger approved by the director under ORS748 148 [ 1987 c 490 § 141

581


748 190 11967 c 359 § 612, repealed hl 1987 c 490 § 38]

BENEFITS, BENEFICIARIES ANDCONTRACTSGENERALLY

748.201 Benefits. ( 1) A society mayprovide in any form the following contractualbenefits

a) Death benefits,

b) Endowment benefits,

c) Annuity benefits,

d) Temporary or permanent disability benefits,

e) Hospital, medical or nursing benefits, f) Monument or tombstone benefits to the

memory of deceased members, and

g) Such other benefits as authorized for lifeinsurers and which are not inconsistent with this

chapter, upon determination by the director thatthe society is in compliance with all the requirements for a mutual life insurer to write such

benefits

2) A society shall specify in its rules thosepersons who may be Issued, or covered by, thecontractual benefits in subsection ( 1) of this

section, consistent with providing benefits tomembers and their dependents A society mayprovide benefits on the lives of children under the

minimum age for adult membership uponapplication of an adult person [ 1987 c 490 § 171

748. 204 Beneficiaries. ( 1) The ownerof a benefit contract shall have the right at all

times to change the beneficiary or beneficiaries inaccordance with the laws or rules of the societyunless the owner waives this right by specificallyrequesting in writing that the beneficiary designation be irrevocable A society may, through its

SUPERSEDED

748.207 INSURANCE

laws or rules, limit the scope of beneficiary desig- nations and shall provide that no revocable bene-

ficiary shall have or obtain any vested interest inthe proceeds of any certificate until the certificatehas become due and payable in conformity withthe provisions of the benefit contract

2) A society may make provision for thepayment of funeral benefits to the extent of the

portion of any payment under a certificate as

might reasonably appear to be due to any personequitably entitled thereto by reason of havingincurred expense occasioned by the burial of themember, provided the portion paid shall not

exceed $ 1, 000

3) If, at the death of any person insuredunder a benefit contract, there is no lawful benefi-

ciary to whom the proceeds shall be payable, theamount of the benefit, except to the extent that

funeral benefits may be paid as provided in thischapter, shall be payable to the personal representative of the deceased insured, provided that ifthe owner of the certificate is other than the

insured the proceeds shall be payable to that

owner [ 1987 c 490 § 181

748 205 11967 c 359 §613, repealed by 1987 c 490 §58]

748.207 Benefits exempt from execu-

tion. No money or other benefit, chanty, reliefor aid to be paid, provided or rendered by anysociety, shall be liable to attachment, garnishment or other process, or to be seized, taken,

appropriated or applied by any legal or equitableprocess or operation of law to pay any debt orliability of a member or beneficiary, or any otherperson who may have a right thereunder, eitherbefore or after payment by the society [ 1987 c 490

191

748 210 [ 1967 c 359 § 614, repealed b) 1987 c 490 § 581

748.211 Benefit contract; certificate.

1) Every society authorized to do business inthis state shall issue to each owner of a benefit

contract a certificate specifying the amount ofbenefits provided The certificate, together with

any riders or indorsements attached to it, thelaws of the society, the application for membership, the application for insurance and declaration of insurability, if any, signed by theapplicant, and all amendments to each, shall

constitute the benefit contract, as of the date of

issuance, between the society and the owner, andthe certificate shall so state A copy of theapplication for insurance and declaration of

insurability, if any, shall be indorsed upon orattached to the certificate All statements on the

application shall be representations and not war-

ranties Any waiver of this provision shall bevoid

2) Any changes, additions or amendments tothe laws of the society duly made or enactedsubsequent to the issuance of the certificate, shall

bind the owner and the beneficiaries, and shallgovern and control the benefit contract in all

respects the same as though the changes, addi-

tions or amendments had been made prior to andwere in force at the time of the application forinsurance, except that no change, addition or

amendment shall destroy or diminish benefitswhich the society contracted to give the owner asof the date of issuance

3) Any person upon whose life a benefitcontract is issued prior to attaining the age ofmajority shall be bound by the terms of theapplication and certificate and by all the laws andrules of the society to the same extent as thoughthe age of majority had been attained at the timeof application

4) A society shall provide in its laws that ifits reserves as to all or any class of certificatesbecome impaired, its board of directors or corres-

ponding body may require that there be paid bythe owner to the society the amount of theowner's equitable proportion of the deficiency asascertained by its board, and that if the paymentis not made

a) It shall stand as an indebtedness against

the certificate and draw interest not to exceed therate specified for certificate loans under the cer-

tificates, or

b) In lieu of or in combination with para-

graph ( a) of this subsection, the owner mayaccept a proportionate reduction in benefitsunder the certificate

5) The society may specify the manner ofthe election of the alternatives specified in sub-

section (4) of this section and which alternative is

to be presumed if no election is made

6) Copies of any of the documents mentioned in this section, certified by the secretary orcorresponding officer of the society, shall bereceived in evidence of the terms and conditions

of the documents

7) No certificate shall be delivered or issued

for delivery in this state unless a copy of the formhas been filed with and approved by the commissioner, and is subject to withdrawal of approval,

in the manner provided for like policies issued bylife insurers in this state Every life, accident, health or disability insurance certificate andevery annuity certificate issued on or after one

year from January 1, 1988, shall meet the standard contract provision requirements not incon-

sistent with this chapter for like policies issued by

IM

SUPERSEDED


life insurers in this state, except that a societymay provide for a grace period for payment ofpremiums of one full month in its certificatesThe certificates shall also contain a provision

stating the amount of premiums which are payable under the certificate and a provision recitingor setting forth the substance of any sections ofthe society' s laws or rules in force at the time ofissuance of the certificate which, if violated, shall

result in the termination or reduction of benefitspayable under the certificate If the laws of thesociety provide for expulsion or suspension of amember, the certificate shall also contain a provi-

sion that any member so expelled or suspended, except for nonpayment of a premium or withinthe contestable period for material misrepresen-

tation in the application for membership orinsurance, shall have the privilege of maintainingthe certificate in force by continuing payment ofthe required premium

8) Benefit contracts issued on the lives of

persons below the society' s minimum age foradult membership may provide for transfer ofcontrol or ownership to the insured at an age

specified in the certificate A society may requireapproval of an application for membership inorder to effect this transfer, and may provide inall other respects for the regulation, governmentand control of the certificates and all rights,

obligations and liabilities incident thereto and

connected therewith Ownership rights prior tothe transfer shall be specified in the certificate

9) A society may specify the terms andconditions on which benefit contracts may beassigned 11987 c 490 § 201

211

748 215 [ 1967 c 359 §615, repealed by 1987 c 490 §581

748 216 ( Formerly 740 740, repealed by 1969 c 336

748 220 11967 c 359 § 616, repealed by 1987 c 490 §58]


58]

581

581

748 230 [ Formerly 740 200 repealed by 1987 c 490



748 305 [ 1967 c 359 § 621, repealed by 1987 c 490 § 58]

GROUP BENEFITS

748.306 Authority for group benefitcertificates. A fraternal benefit society mayprovide in its laws, in addition to other benefits

provided, for the issuance of group benefit certificates if on the date when it enters upon business

929

it has admitted assets which are greater than thesum of its accrued liabilities and reserves under

all of its certificates when valued according tostandards required for certificates issued afterJune 8, 1967 [ 1987 a 490 §36]

748.309 Group membership; lodges. 1) Group benefit certificates may provide for

the payment of benefits in the event of the death,

or death and disability, ofa) Persons engaged in a common enterprise

or employment

b) The employes of any employer

2) Group certificates may be issued with orwithout medical examination and without limitation as to age

3) The society shall organize the persons oremployes into a lodge or lodges with officersselected in the same manner as officers of other

lodges and subject to the provisions of the laws of

the society

4) Not less than 50 persons may be admittedto membership under one group without medicalexamination [ 1987c490§ 37]

748 310 [ 1967 c 359 §622, repealed by 1987 c 490 §581

748. 312 Membership in lodges organized under ORS 748.309. If provided in the

laws of the society, other persons may becomemembers of a lodge organized under ORS 748 309

subsequent to its organization and may be initiated into and hold membership in the lodgeIndividual benefit certificates may be issued tothem The lodges shall in all other respects be

subject to the laws of the society. [1987 c 490 § 401

748 315 ( 1967 c 359 § 623, repealed by 1987 c 490 § 581

748 316 Payments for group benefits. 1) The monthly or other payments to be made

to the society on or for any group benefit certificate may be made by the employer, or by theemployer and employes jointly, or as provided inthe contract

2) When the payments are made by theemployer and the employes jointly and the benefits under the group certificate are offered to alleligible employes of the employer, not less than 75

percent of the employes must be included under

the group certificate. (1987 c 490 § 381

748.319 Group certificates issued byforeign or alien society or by domestic society in foreign or alien jurisdiction. ( 1) Agroup certificate, when issued in this state by anyforeign or alien society, may contain, whenissued, any provision required by the laws of thestate or country under which the society is organized

SUPERSEDED

748. 322 INSURANCE

2) Group certificates issued in other states orcountries by a domestic society may contain anyprovision required by the laws of the other stateor country ( 1987 c 490 § 391

748 320 11967 c 859 §624, repealed by 1987 c 490 § 581

748 322 Continuation of membershipin society after cancellation, discontinuance or nonrenewal of group certificate. Ifany group certificate is canceled, discontinued ornot renewed, or if any individual member of a

group ceases to be a member of the group, themembers of the group or any individual memberwho ceases to be a member of the group may bepermitted to continue membership in the societyfor the same amount of protection at the required

rate of monthly or other payment and in all other

respects as provided in the laws of the society1987 c 490 § 41]

748 325 [ 1967 c 359 § 625, repealed by 1987 c 490 § 58]

748 330 11967 c 359 § 626, repealed by 1987 c 490 §58]

748 335 [ 1967 c 359 § 627 repealed by 1987 r490 §581

748 340 [ 1967 a 359 § 628 repealed by 1987 c 490 § 581

748 345 11967 r 159 § 629, repealed by 1987 c 490 658]

748 350 [ 1967 e 359 9630 repealed by 1987 c 490 § 581

748 355 [ 1967 c: 359 § 631 repealed bi 1987 e 490 § 58)

748 360 [ 1967 c 359 6632 repealed by 1987 c 490 6581

748 365 [ 1967 c. 359 § 633, repealed by 1987 c 490 § 581

748 370 [ 1965 c 359 4634 repealed by 1987 c 490 § 581

748 375 [ 1967 c. 159 § 635, repealed by 1987 c 490 § 581

718 380 11967 c 159 § 636, repealed by 1987 c 490 § 181

FINANCIAL PROVISIONS

748. 401 Value of benefit and amountof options. ( 1) For certificates issued prior to

one year after January 1, 1988, the value of everypaid -up nonforfeiture benefit and the amount ofany cash surrender value, loan or other optiongranted shall comply with the provisions of lawapplicable immediately prior to January 1, 1988

2) For certificates issued on or after one year

from January 1, 1988, for which reserves arecomputed on the Commissioner' s 1941 Standard

Ordinary Mortality Table, the Commissioner' s1941 Standard Industrial Table, the Commis-

sioner' s 1958 Standard Ordinary MortalityTable, the Commissioner's 1980 Standard Mor-

tality Table or any more recent table madeapplicable to life insurers, every paid -up nonforfeiture benefit and the amount of any cash surrender value, loan or other option granted shall

not be less than the corresponding amount ascertained in accordance with the laws of this state

applicable to life insurers issuing policies con-

taming like benefits based upon the tables ( 1987c 490 §21]

748.403 Standards of valuation forcertificates. ( 1) Standards of valuation for certificates issued prior to one year after January 1, 1988, shall be those provided by the laws applicable immediately prior to January 1, 1988

2) The minimum standards of valuation forcertificates issued on or after one year from

January 1, 1988, shall be based on the followingtables

a) For certificates of life insurance, the Com-

missioner' s 1941 Standard Ordinary MortalityTable, the Commissioner' s 1941 Standard Indus-

trial Mortality Table, the Commissioner's 1958Standard Ordinary Mortality Table, the Com- missioner' s 1980 Standard Ordinary MortalityTable or any more recent table made applicable tolife insurers, or

b) For annuity and pure endowment certificates, for total and permanent disability benefits, for accidental death benefits and for noncancela-

ble accident and health benefits, the tables that

are authorized for use by life insurers in this state

3) The table referred to in subsection ( 2) ofthis section shall be under valuation methods and

standards, including interest assumptions, inaccordance with the laws of this state applicable

to life insurers issuing policies containing likebenefits

4) The director may accept other standardsfor valuation if the director finds that the reservesproduced will not be less in the aggregate than

reserves computed in accordance with the mini-

mum valuation standard prescribed in subsection

2) of this section The director may vary thestandards of mortality applicable to all benefitcontracts on substandard lives or other extra

hazardous lives by any society authorized to dobusiness in this state

5) Any society, with the consent of thedirector of insurance of the state of domicile of

the society and under conditions which the director may impose, may establish and maintainreserves on its certificates in excess of the

reserves required, but the contractual rights of

any benefit member shall not be affected [ 1987C 490 § 26]

748 405 [ Formerly 740 810, repealed by 1987 c 49056)

748. 406 Financial statement; filing; valuation; penalty. ( 1) Every society transacting business in this state shall annuall} file withthe director on or before March 1, unless the time

has been extended by the director, a true state-

930

SUPERSEDED


ment of its financial condition, transactions and

affairs for the preceding calendar year and shallpay a filing fee of $10 The statement shall be ingeneral form and context as approved by theNational Association of Insurance Commis-

sioners for fraternal benefit societies and as sup- plemented by additional information required bythe director

2) As part of the annual statement required

by subsection ( 1) of this section, on or beforeMarch 1, each society shall file with the director avaluation of its certificates in force on December

31 last preceding, provided the director mayextend the time for filing the valuation for notmore than two calendar months The valuationshall be done in accordance with the standards

specified in ORS 748 403 The valuation and

anderlying data shall be certified by a qualifiedactuary or, at the expense of the society, verifiedby the actuary of the department of insurance ofthe state of domicile of the society

3) A society neglecting to file the annualstatement in the form and within the time pro-

vided by this section shall forfeit $ 100 for eachday during which the neglect continues and uponnotice by the director to that effect its authorityto do business in this state shall cease while the

default continues 11987 c 490 § 271

748.409 Assets of society. ( 1) All assetsshall be held, invested and disbursed for the use

and benefit of the society and no member orbeneficiary shall have or acquire individual rightsor become entitled to any apportionment on thesurrender of any part, except as provided in thebenefit contract

2) A society may create, maintain, invest, disburse and apply any special fund or fundsnecessary to carry out any purpose permitted bythe laws of the society

3) Pursuant to resolution of its supreme

governing body a society may

a) Establish and operate one or more separate accounts and issue contracts on a variable

basis, subject to all the provisions of law regulat-

ing life insurers establishing accounts and issuingcontracts,

b) To the extent the society deems it necessary in order to comply with any applicablefederal or state laws, adopt special procedures forthe conduct of the business and affairs of aseparate account,

c) For persons having beneficial interesttherein, provide special voting and other rights, including without limitation special rights andprocedures relating to investment policy, invest-

ment advisory services, selection of certified public accounts and selection of a committee tomanage the business and affairs of the account, and

d) Issue contracts on a variable basis to

which ORS 748 211 ( 2) and ( 4) shall not apply1987 c 490 § 23]

748 410 [ Formerly 740 820, repealed by 1987 c 49058]

748.412 Investment of funds. A soci-

ety shall invest its funds only in investments thatare authorized by the laws of this state for theinvestment of assets of life insurers and subject to

the limitations thereon Any foreign or aliensociety permitted or seeking to do business in thisstate which invests its funds in accordance with

the laws of the state, district, territory, country orprovince in which it is incorporated, shall be heldto meet the requirements of this section for the

investment of funds [ 1987 c 490 § 22]

748.414 Funds exempt from certain

taxes. Every society organized or licensed underthis chapter is hereby declared to be a charitableand benevolent institution, and all of its funds

shall be exempt from all and every state, county, district, municipal and school tax, other thantaxes on real estate and office equipment [ 1987

c 490 § 24]



581

748.425 [ Formerly 740860, repealed by 1987 c490581

748 430 [ 1967 c 359 § 642, repealed by 1987 c 490 §581

ENFORCEMENT

748. 501 Examination. ( 1) The direc-

tor, or any person the director may appoint, mayexamine any domestic, foreign or alien societytransacting or applying for admission to transactbusiness in this state in the same manner asauthorized for examination of domestic, foreign

or alien insurers Requirements of notice and an

opportunity to respond before findings are madepublic as provided in the laws regulating insurersshall also be applicable to the examination ofsocieties

2) The expense of each examination and of

each valuation, including compensation and

actual expense of examiners, shall be paid by thesociety examined or whose certificates are valued,

upon statements furnished by the director [ 1987c 490 § 291

931

SUPERSEDED

748. 503 INSURANCE

748.503 Investigation of society; notice of deficiencies; action by AttorneyGeneral; hearing. ( 1) The director shall notifythe society of any deficiency or deficiencies, andstate in writing the reasons for dissatisfaction, when the director, upon investigation, finds that

a domestic societya) Has exceeded its powers,

b) Has failed to comply with any provisionsof this chapter,

c) Is not fulfilling its contracts in good faith, d) Has a membership of less than 400 after

an existence of one year or more,

e) Is conducting business fraudulently or in amanner hazardous to its members, creditors, thepublic or the business, or

0 Has become impaired

2) The director shall at once issue a written

notice to the society requiring that the deficiencyor deficiencies be corrected After notice, the

society shall have 30 days in which to complywith the director's request for correction, and if

the society fails to comply, the director shallnotify the society of findings of noncomplianceand require the society to show cause on a datenamed why it should not be enjoined from carrying on any business until the violation complained of has been corrected, or why an action inquo warranto should not be commenced against

the society

3) If on the date named the society does notpresent good and sufficient reasons why it should

not be enjoined or why the action should not becommenced, the director may present the factsrelating thereto to the Attorney General whoshall, if the Attorney General deems the circumstances warrant, commence an action to enjoin

the society from transacting business or an actionin quo warranto

4) The court shall notify the officers of thesociety of a hearing If after a full hearing itappears that the society should be enjoined orliquidated or a receiver appointed, the court shall

enter the necessary order No society so enjoinedshall have the authority to do business until

a) The director finds that the violation complained of has been corrected,

b) The costs of the action have been paid bythe society if the court finds that the society wasin default as charged,

c) The court has dissolved its injunction, and

d) The director has reinstated the certificate

of authority

5) If the court orders the society liquidated, it shall be enjoined from carrying on any furtherbusiness, and the receiver of the society shallproceed at once to take possession of the books,

papers, money and other assets of the society and, under the direction of the court, proceed at once

to close the affairs of the society and to distributeits funds to those entitled to them

6) No action under this section shall be

recognized in any court of this state unless theaction is brought by the Attorney General onrequest of the director Whenever a receiver is to

be appointed for a domestic society, the courtshall appoint the director as the receiver

7) The provisions of this section relating tohearing by the director, action by the AttorneyGeneral at the request of the director, hearing bythe court, injunction and receivership shall beapplicable to a society which voluntarily determines to discontinue business [ 1987 c 490 §all

748 505 11967 c 359 § 643, repealed by 1987 c 490 9581

748.506 Investigation of foreign or

alien society; notice of deficiencies; revocation or suspension of authority. ( 1) Thedirector shall notify the society of any deficiencyor deficiencies, and state in writing the reasonsfor dissatisfaction, when the director, upon inves-

tigation, finds that a foreign or alien societytransacting or applying to transact business inthis state

a) Has exceeded its powers,

b) Has failed to comply with any of theprovisions of this chapter,

c) Is not fulfilling its contracts in good faith, or

d) Is conducting its business fraudulently orin a manner hazardous to its members, creditorsor the public

2) The director shall at once issue a written

notice to the society requiring that the deficiencyor deficiencies be corrected After notice, the

society shall have 30 days in which to complywith the director's request for correction, and if

the society fails to comply, the director shallnotify the society of findings of noncomplianceand require the society to show cause on a datenamed why its license should not be suspended, revoked or refused If on the named date the

society does not present good and sufficient reason why its authority to do business in this stateshould not be suspended, revoked or refused, the

director may suspend or refuse the license of thesociety to do business in this state until satisfactory evidence is furnished to the director that thesuspension or refusal should be withdrawn or the

932

SUPERSEDED


director may revoke the authority of the societyto do business in this state

3) Nothing contained in this section shall betaken or construed as preventing any foreign oralien society from continuing in good faith allcontracts made in this state during the time theforeign or alien society was legally authorized totransact business as provided in this chapter11987 c 490 §321

748. 509 Validity of petition forinjunction. No application or petition for

injunction against any domestic, foreign or aliensociety, or lodge thereof, shall be recognized inany court of this state unless made by theAttorney General upon request of the director1987 c 490 §33]

748 510 11967 c 359 § 644, repealed by 1987 c 490 §581

748 515 11967 c 359 § 645, repealed by 1987 c 490 §581

748 520 11967 c 359 § 646, 1981 c 609 § 22, repealed by1987 c 490 § 581

748 525 11967 c 359 § 647, repealed by 1987 c 490 § 581

748 530 [ 1967 c 359 § 648, 1975 c 324 § 1, repealed by1987 c 490 §58]

581

748 535 [ 1967 c 359 § 649, repealed by 1987 c 490 § 58]

748 540 11967 c 359 §650, repealed by 1887 c 490 § 581

748 545 [ Furmerl5 740 080, repealed b5 1987 c 490

748 550 11967 c 359 § 652 repealed b% 1987 c 490 § 581

748 555 [ 1967 c 359 § 653, 1971 c 231 § 40, 1973 c 515

4, 1973 c 613 § 3a, 1975 c 338 § 3, 1975 c 689 § 3, 1979 c 708

10, 1981 c 649 § 21, repealed by 1987 c 411 § 12 and 1987 c 49058 and 1987 c 739 § 4 and 1987 c 838 § 15a]

EXEMPTIONS: RELATION TO OTHERLAW

748.601 Exemptions from chapter.

1) Nothing contained in this chapter shall be soconstrued as to affect or apply to

a) Grand or subordinate lodges of orders,

societies or associations doing business in thisstate that provide benefits exclusively throughlocal or subordinate lodges,

b) Orders, societies or associations that

admit to membership only persons engaged inone or more crafts or hazardous occupations, in

the same or similar lines of business, insuringonly their own members and their families, andthe ladies' societies or ladies' auxiliaries to such

orders, societies or associations,

c) Domestic societies that limit their mem-

bership to employes of a particular city or town, designated firm, business house or corporationthat provide for a death benefit of not more than

933

400 or disability benefits of not more than $350to any person in any one year, or both, or

d) Domestic societies or associations of a

purely religious, charitable or benevolent description, that provide for a death benefit of not more

than $400 or for disability benefits of not morethan $350 to any one person in any one year, orboth

2) No society or association described inparagraph ( c) or ( d) of subsection ( 1) of this

section that provides for death or disability benefits for which benefit certificates are issued, and

no society or association included in paragraphd) of subsection ( 1) of this section that has more

than 1, 000 members, shall be exempted from the

provisions of this chapter Any society or association described in this subsection shall complywith all requirements of this chapter

3) No order, society or association that, bythe provisions of this section, is exempt from the

requirements of this chapter, except an order,

society or association described in paragraph ( b) of subsection ( 1) of this section, shall give or

allow, or promise to give or allow to any personany compensation for procuring new members

4) Every society that provides for benefits incase of death or disability resulting solely fromaccident, and that does not obligate itself to paynatural death or sick benefits, shall have all of theprivileges and be subject to all the applicable

provisions and regulations of this chapter except

that the provisions relating to medical examination, valuations of benefit certificates and incon-

testability, shall not apply to the society

5) The director may require from any societyor association, by examination or otherwise, anyinformation enabling the commissioner to determine whether the society or association is exemptfrom the provisions of this chapter

6) Societies, exempted under the provisionsof this section, shall also be exempt from all otherprovisions of the insurance laws of this state 11987

c 490 §44]

748.603 Relationship to other insurance laws. ( 1) Societies shall be governed bythis chapter and shall be exempt from all otherprovisions of the insurance laws of this state

unless expressly designated therein, or unlessspecifically made applicable by this chapter

2) ORS 731004 to 731 026, 731 032 to731 136, 731 146 to 731156, 731162, 731 166, 731 170, 731 216 to 731 268, 731296, 731324,

731 328, 731 378 to 731396, 731 422 to 731430, 731446 to 731454, 731504, 731512, 731804,

731 844 to 731992, 732 245, 732 250, 732 320,

SUPERSEDED

748. 990 INSURANCE

732 325, 733 010 to 733 050, 733 080, 733 140 to

733 210, 733 730 to 733 750, 735 600 to 735 650,

743 084 to 743 108, 743 114 and 743 138 ( 1), shall

apply to fraternal benefit societies to the extentso applicable and not inconsistent with the

express provisions of this chapter

3) For the purposes of this subsection andsubsection ( 2) of this section, fraternal benefit

societies shall be deemed insurers, and benefitcertificates issued by fraternal benefit societiesshall be deemed policies

4) Every society authorized to do business inthis state shall be subject to the provisions of

ORS chapter 746 relating to unfair trade practices, provided, however, that nothing in theprovisions shall be construed as applying to oraffecting the right of any society to determine itseligibility requirements for membership, or beconstrued as applying to or affecting the offeringof benefits exclusively to members or personseligible for membership in the society by a subsidiary corporation or affiliated organization of

the society [ 1987 c 490 § §25, 35, 45, 1987 c 739 § 4a, 1987c 838 § 15a]

PENALTIES

748. 990 Penalties. ( 1) Any person whowilfully makes a false or fraudulent statement in

or relating to an application for membership, orfor the purpose of obtaining money from or abenefit in any society, shall upon conviction befined not less than $ 100 nor more than $ 500,

imprisoned in the county jail for not less than 30days nor more than one year, or both

2) Any person who wilfully makes a false orfraudulent statement in any verified report ordeclaration under oath required or authorized bythis chapter, or of any material fact or thingcontained in a sworn statement concerning thedeath or disability of an insured for the purpose ofprocuring payment of a benefit named in thecertificate, shall be guilty of perjury and shall besubject to the penalties prescribed by law

3) Any person who solicits membership for, or in any manner assists in procuring mem-

bership in, any society not licensed to do businessin this state shall upon conviction be fined notless than $50 nor more than $200

4) Any person guilty of a wilful violation of, or neglect or refusal to comply with, the provisions of this chapter for which a penalty is nototherwise prescribed, shall upon conviction be

subject to a fine not exceeding $200 ( 1987 c 490 § 431

934

SUPERSEDED

Chapter 749


1987 reprint)

Interinsurance Exchanges and Lloyd' s Organizations

749 010 Amended by 1967 c 359 § 99, renumbered7: 11 458]

749 020 4mended b 1965 c 285 ¢ 94b, repealed b} 1967 c 359 § 7041

749 030 Repealed by 1967 c 359 § 704]

749040 Amended bl 1967 c359 § 76, renumbered7.31 966

749 340749 050 Amended bN 1967 c 359 § 77, renumbered

731. 370]

749 350749 060 Repealed by 1967 c 359 § 7041

749 070 Amended by 1963 c 397 § 6, repealed by 1967c 359 § 7041

749 380749 080 Repealed by 1967 c 359 § 7041

749 090 Repealed by 1967 c 359 § 7041749 100 JAmended by 1955 c 728 § 2, 1965 c 610 § 15,

repealed by 1967 c 359 § 7041

749 110 Repealed by 1967 c 359 § 704]

749 120 Repealed by 1967 c 359 § 704

749 130 Repealed by 1967 c 359 § 7041

935

749 140 Amended by 1967 c359 § 102, renumbered7314701

749 150 Repealed by 1967 c 359 § 704]

749 310 Repealed by 1967 c 359 § 7041

749 320 Repealed by 1967 c 359 § 7041749 330 Repealed by 1967 c 359 § 704]

749 340 Amended by 1965 c 610 § 16, repealed by1967 c 359 § 7041

749 350 Repealed by 1967 c 359 § 7041

749 360 Repealed by 1967 c 359 § 7041749 370 Repealed by 1967 c 359 § 704]

749 380 Repealed by 1967 c 359 §7041

749 390 Repealed by 1967 c 359 § 704]

749 400 Repealed by 1967 c 359 § 7041

749 410 Repealed by 1967 c 359 § 704]

749 420 Repealed by 1967 c 359 § 7041

749 990 Repealed by 1967 c 359 § 7041

SUPERSEDED

INSURANCE

936

SUPERSEDED

Chapter 750


Health Care Service Contractors; Legal Service Contractors

HEALTH CARE SERVICE CONTRACTORS750 003 Purpose

750 005 Definitions

750 015 Management to include representatives ofpublic

750 025 Restricting distribution of income and representation ae health maintenance organization

750 035 Regulation of hospital care associationsunder prior law, exceptions

750 045 Required capitalization, deposit of security, exemptions

750 055 Other provisions applicable to health careser. ice contractors

750 059 Application of reimbursement requirement

to group practice maintenance organiza-

tions for services by state hospital or state - approved program

750 065 Reimbursement for services performed byoptometruils

750 075 Excess benefits contracts authorized for

ambulance and emergency services contractors, notice to director

937

LEGAL SERVICE CONTRACTORS750 300 " Attorney; ".legal service contractor" and

legal service" defined

750 310 Restriction on distribution of income

750 320 Required capitalization; security deposit750 330 Legal service contractor required to file

schedules of legal service rates with director

750 340 Applicability of other Insurance Codeprovisions

CROSS REFERENCES

Ambulance service lien on amount payable under insurancecontract, 87 603 to 87 633


Home solicitation sales regulation, insurance excepted 83 710

Hospital liens, 87 555


Medical records, disclosure to health care sen ice contractors, 192 550

Public Employes' Retirement System, medical and hospitalinsurance for retired members, 237 320

SUPERSEDED

INSURANCE

938

SUPERSEDED

HEALTH CARE AND LEGAL SERVICE CONTRACTORS 750.025

HEALTH CARE SERVICECONTRACTORS

750.003 Purpose. The purpose of this section and ORS 750 005, 750 025 and 750 045 is toencourage and guarantee the development of

health care service contractors by licensing andregulating their operation to insure that theyprovide high quality health care services throughstate licensed organizations meeting reasonablestandards as to administration, services andfinancial soundness [ 1985 c 747 § 641

750.005 Definitions. ( 1) " Doctor" meansany person lawfully licensed or authorized bystatute to render any health care services

2) " Health care service contractor" means

a) Any corporation that is sponsored by orotherwise intimately connected with a group ofdoctors licensed by this state, or by a group ofhospitals licensed by this state, or both, undercontracts with groups of doctors or hospitals

which include conditions holding the subscriberharmless in the event of nonpayment by thehealth care service contract, and which acceptsprepayment for health care services,

b) Any person referred to in ORS 750 035, or

c) Any for - profit or not for -profit corporation that accepts prepayment for ambulance andemergency medical service, or ambulance service

only, but not for other health care services3) " Health maintenance organization"

means any health care service contractor operated on a for -profit or not for -profit basis which

a) Qualifies under Title XIII of the PublicHealth Service Act, or

b) (A) Provides or otherwise makes availableto enrolled participants health care services, including at least the following basic health careservices

i) Usual physician services,

u) Hospitalization,

m) Laboratory, iv) X -ray,

v) Emergency and preventive services, andvi) Out -of -area coverage,

B) Is compensated, except for copayments, for the provision of basic health care serviceslisted in subparagraph ( A) of this paragraph toenrolled participants on a predetermined periodicrate basis,

C) Provides physicians' services primarilydirectly through physicians who are either

939

employes or partners of such organization, or

through arrangements with individual physiciansor one or more groups of physicians organized on

a group practice or individual practice basis, and

D) Employs the terms " health maintenanceorganization" or " HMO" in its name, contracts,

literature or advertising media on or before July13, 1985

4) " Health care services" means the furnishing of medicine, medical or surgical treatment,

nursing, hospital service, ambulance service, dental service, optometncal service or any or all ofthe enumerated services or any other necessaryservices of like character, whether or not contingent upon sickness or personal injury, as wellas the furnishing to any person of any and allother services and goods for the purpose of pre-

venting, alleviating, curing, or healing humanillness, physical disability or injury

5) " Claims" means any amount incurred bythe insurer covering contracted benefits [ Formerly742 010, 1973 c 515 § 5, 1979 c 799 § 1, 1985 c 747 §65]

750 010 [ Amended by 1957 c 301 § 1, 1961 c 116 § 1, 1967 c 359 §548, renumbered 744 305]

750.015 Management to include representatives of public. ( 1) Except as provided in

subsection ( 2) of this section, not less than one-

third of the group of persons vested with themanagement of the affairs ofa health care service

contractor, as defined in ORS 750005 ( 2)( a), shall be representatives of the public who are not

practicing doctors or employes or trustees of aparticipant hospital

2) ( a) Notwithstanding subsection ( 1) of thissection, the group of persons vested with themanagement of the affairs of a nonprofit private

organization described in this subsection shallhave at least two representatives of the public

who are not practicing doctors, as defined in ORS750 005, or employes or trustees of a participanthospital

b) This subsection applies to a nonprofitprivate organization that is a health maintenance

organization, as defined in ORS 442 015, that iscontrolled by a single nonprofit hospital or by agroup of nonprofit hospitals under commonownership and that operates in a county with apopulation of 200,000 or more [ Formerly 742 015, 1983 c 804 § l]

750 020 [ Amended by 1961 c 116 § 2 1967 c 359 § 549, renumbered 744 3151

750.025 Restricting distribution ofincome and representation as health maintenance organization. ( 1) A health care service contractor which is a not for -profit

SUPERSEDED

750. 035 INSURANCE

corporation, shall not distribute, upon liquida-

tion or otherwise, any part of its income to itsmembers, directors, trustees or officers except forthe reasonable value of services rendered such

contractor

2) An organization that does not meet thedefinition of health maintenance organization in

ORS 750 005 shall not hold itself out to the publicto be a health maintenance organization [ Formerly

742 025. 1985 c 747 § 661

750 030 [ Repealed by 1967 c. 159 § 7041

750. 035 Regulation of hospital careassociations under prior law; exceptions.

1) Notwithstanding any other provision of law, except as provided in subsection ( 2) of this sec-

tion, any persons doing a hospital associationbusiness, as defined in ORS 742 010 ( 1959Replacement Part) in compliance with ORSchapter 742 ( 1959 Replacement Part) on August

12, 1965, may continue such business in compliance with ORS chapter 742 ( 1959 Replace-

ment Part)

2) Every person doing a hospital associationbusiness, as defined in ORS 742 010 ( 1959Replacement Part), on August 12, 1965, shall

comply with the provisions of ORS 750 045 andthe provisions of ORS 750 055 [ Formerly 742 0351

750 010 [ Amended by 1967 c 359 9552, renumbered744. 1451

750. 045 Required capitalization;

deposit of security; exemptions. ( 1) A healthcare service contractor which is a for -profit or notfor -profit corporation shall possess and thereafter

maintain capital or surplus, or any combination

thereof, of not less than $250,000 or an amount

equal to 50 percent of the average claims as

defined in ORS 750 005 ( 5) for the preceding 12- month period, whichever is greater, but in no caseshall the required amount be more than $500, 000

2) A health care service contractor which is afor -profit or not for - profit corporation shall file a

surety bond or such other bond or securities inthe sum of $ 250, 000 as are authorized by theInsurance Code as a guarantee of the due execution of the policies to be entered into by suchcontractor in accordance with ORS 750 005 to750 065 This subsection does not apply to ahealth care service contractor that has at least 75percent of its assets invested in health care service facilities pursuant to ORS 733 700

3) Subsections ( 1) and ( 2) of this section donot apply to ambulance service, emergency medical service, dental service or optometrical serviceoperated on a for - profit or not for -profit basis if

a) The services referred to in this subsection

maintain capital or surplus, or any combination

thereof, of not less than $ 50, 000 or an amountequal to 50 percent of the average claims as

defined in ORS 750 005 ( 5) for the preceding 12- month period whichever is greater, but in no caseshall the required amount be more than $500,000

b) The services referred to in this subsection

file a surety bond or other such bond or securitiesin the sum of $50,000 as are authorized by theInsurance Code as a guarantee of the due execution of the policies to be entered into by suchcontractor in accordance with ORS 750 005 to

750 065 [ Formerly 742050, 1975 c273 § 1 1977 c402 § 1, 198.5 c 747 § 671

750 050 [ Amended by 1961 c 116 § 3, 1967 c 359 § 553,

renumbered 744 3551

750.055 Other provisions applicable tohealth care service contractors. ( 1) The following provisions of the Insurance Code shallapply to health care service contractors to theextent so applicable and not inconsistent with theexpress provisions of this chapter

a) ORS 731 004 to 731 150, 731 162, 731 216to 731362, 731382, 731386, 731390, 731 398 to731 430, 731450, 731454, 731 504, 731 508, 731512, 731 574 to 731620, 731 640 to 731652, 731 804 and 731 844 to 731 992

b) ORS 732 230, 732 245, 732 250, 732 320, 732 325 and 732 505 to 732 595

c)( A) ORS 733 010 to 733050, 733080, 733 140 to 733 170, 733 210, 733 510 to 733 680and 733 700 to 733 780, apply to not for - profithealth care service contractors

B) ORS chapter 733 applies to for - profithealth care service contractors

d) ORS chapter 734

e) ORS 743 003 to 743 011, 743 012, 743 018to 743 030, 743 037 to 743 108, 743 114, 743 116, 743 118, 743 119 to 743 128, 743 138 ( 1), 743 350to 743 370, 743 402, 743 412, 743 492, 743 495, 743 498, 743 527, 743. 529, 743 549 to 743 555, 743 556, 743 770, 743 800 to 743 833 and 743 850to 743 890

f) ORS 743.522 and 743 528, except that

individual policies may be issued to the personsor families insured in lieu of issuance of a single

group policy as referred to in ORS 743.522 Anindividual policy issued under this paragraphshall be considered the statement of the essential

features of the insurance coverage required under

ORS 743 528 ( 2)

g) ORS 744 005 to 744 265h) ORS 746 005 to 746 140, 746 160,

746 180, 746 220 to 746 370 and 746 600 to746 690

940

SUPERSEDED

HEALTH CARE AND LEGAL SERVICE CONTRACTORS 750.300

i) ORS 743 135, except in the case of grouppractice health maintenance organizations thatare federally qualified pursuant to Title XIII ofthe Public Health Service Act unless the patientis referred by a physician associated with a grouppractice health maintenance organization

0) ORS 743 557 and 743 558 ( 1985 Replace- ment Parts) except that group practice or staffhealth maintenance organizations which arefederally qualified pursuant to Title XIII of thePublic Health Service Act shall be deemed tocomply with the requirements of ORS 743 557and 743 558

k) ORS 735 600 to 735 650

2) For the purposes of this section only, health care service contractors shall be deemedInsurers

3) Any for - profit health care service contractor organized under the laws of any other statewhich is not governed by the Insurance laws ofsuch state, will be subject to all requirements ofORS chapter 732

4) The director may, after notice and hearing, adopt reasonable rules not Inconsistent with

this section and ORS 750 003, 750 005, 750 025

and 752 045 that are deemed necessary for theproper administration of these provisions [ 1967

C 359 §659, 1969 c 336 § 18 1971 c 231 § 41, 1973c 143 §5, 1973

c 515 § 6 1973 c 613 § 4a, 1975 c 135 § 3, 1975 c 338 § 4a, 1975

c 689 § 4 1975 c 784 § 13c, 1977 c 402 § 6, 1979 c 268 § 7 1979

c 708 § 11 1979 c 185 § 22a, 1979 c 797 §3a 1981 c 254 § 3, 1981

c 319 § 3 1981 c 422 § 6, 1981 c 649 § 22 1981 c 752 § 14. 1989

c 601 § 9 1985 c 747 § 68 1985 c 827 § 3, 1987 c 411 § 3 1987

c 720 § 3, 1987 c 739 § 5, 1987 c 774 § 62 1987 c 838 § 16]

750.059 Application of reimbursementrequirement to group practice mainte-

nance organizations for services by statehospital or state- approved program. ORS743 116 does not apply to group practice maintenance organizations that are federally qualifiedpursuant to Title XIII of the Public Health

Service Act ( 42 U S C 300e et seq) 1981 c 422 § 2

1981 c 891 § 31

750 060 [ Amended by 1967 c 359 ¢ 553, renumbered744 375

750.065 Reimbursement for servicesperformed by optometrists. ( 1) Notwith-

standing any provision of contract or agreement

entered Into by a corporation, association, society, firm, partnership or Individual doing business as a hospital association or as a health careservice contractor, whenever such contract or

agreement provides for reimbursement for anyservice which is within the lawful scope of practice of a duly licensed optometrist, the insured

941

under such contract or agreement shall be

entitled to reimbursement for such service,

whether the said service is performed by a physician or duly licensed optometrist Unless suchcontract or agreement shall otherwise provide,

there shall be no reimbursement for ophthalmicmaterials, lenses, spectacles, eyeglasses or appurtenances thereto

2) Nothing in subsection ( 1) of this sectionshall apply to any contract or agreement limitedto the furnishing of services to be performedexclusively by members of the association, society, group or partnership issuing such contract oragreement [ 1971 c 97 § 21

750 070 [ Repealed by 1967 c 359 §7041

750.075 Excess benefits contracts

authorized for ambulance and emergencyservices contractors; notice to director.

Contracts issued by a health care service contractor described in ORS 750005 ( 2)( c) mayprovide that the benefits on behalf of the insuredwill be excess over benefits provided for the sameservice from other types of sources, if disclosureof this provision is adequately made, in the opinion of the director, to the insured All forms

relating to such disclosure shall be filed with thedirector and shall be subject to the procedures setforth in ORS 743 006 and 743 012 [ 1979 c 799 § 31




750 110 [ Repealed by 1967 c 359 § 704]

750 210 ( Repealed by 1967 c 359 § 704]

750 220 [ Repealed by 1967 c 359 § 7041

750 230 [ Repealed by 1967 c 959 § 7041

750 240 [ Repealed by 1967 c 359 § 7041

750 250 [ Repealed by 1967 c 359 § 7041

750 260 [ Repealed by 1967 c 359 § 704]

750 270 [ Repealed by 1967 c 359 § 7041

LEGAL SERVICE CONTRACTORS

750. 300 " Attorney," "legal service contractor" and " legal service" defined. Asused in ORS 750 300 to 750 340

1) " Attorney" means any person authorizedto practice law In this state

2) " Legal service contractor" means any corporation organized not for profit that is spon-

sored by or otherwise Intimately connected with a

SUPERSEDED

750.310 INSURANCE

group of attorneys and which accepts prepaymentfor legal service

3) " Legal service" means any service furnished by an attorney that is within the scope ofthe practice of law [ 1973 c 97 § 31

750.310 Restriction on distribution ofincome. No legal service contractor shall distribute, upon liquidation or otherwise, any part ofits income to its members, directors, trustees orofficers except for the reasonable value of servicesrendered such contractor [ 1973 c 97 § 41

750. 320 Required capitalization;

security deposit. ( 1) A legal service contractorshall possess and thereafter maintain capital or

surplus, or any combination thereof, of not lessthan $25,000

2) In addition to its required capitalization

the legal service contractor shall file a surety bondor such other bond or secunties in the sum of

50,000 as are authorized by the Insurance Codeas a guarantee of the due execution of the policiesto be entered into by such contractor in accordance with ORS 750 300 to 750 340 [ 1973 c 97 § 51

750. 330 Legal service contractorrequired to file schedules of legal servicerates with director. A legal service contractorshall file with the director all schedules and tablesof premium rates for legal service to be used onrisks in this state, and shall file any amendmentsto or corrections of such schedules and tables

11973 c 97 § 71

750.340 Applicability of other Insur- ance Code provisions. ( 1) The followingprovisions of the Insurance Code shall apply tolegal service contractors to the extent so applica-

ble and not inconsistent with the express provisions of ORS 750 300 to 750 340

a) ORS 731004 to 731026, 731032 to731150, 731 158, 731216 to 731362, 731382, 731386, 731398 to 731430, 731450, 731454, 731504, 731508, 731512, 731574 to 731620, 731640 to 731652, 731804 and 731844 to731 992

b) ORS 732 230, 732 245, 732 250, 732 320, 732 325 and 732 505 to 732 595

c) ORS 733 010 to 733 060, 733 140 to733 170, 733 210, 733 510 to 733 680 and 733 710to 733 780.

d) ORS 734 010 to 734 440

e) ORS 743 003 to 743 012, 743.021, 743 042to 743. 051, 743 054 to 743 096 and 743 114

f) ORS 744 005 to 744 265

g) ORS 746 005 to 746 045, 746 065, 746 075, 746 100 to 746 130, 746 160 and 746 230 to746370.

2) For the purposes of this section only, legalservice contractors shall be considered insurers1973 c 97 § 6, 1975 c 769 § 91

942

SUPERSEDED

Chapter 751


Motorist Service Clubs

751 005 Motorist service club" defined

751 015 Motor club service" and " service contract' defined

751 025 Chapter not applicable to attorneys orinsurers

751 035 Motor club services

751 045 Other services

751 055 Certificate of authority required

751 065 Issuance of certificate of authority751 075 Filing and approval of form of service con-

tract

751 085 Contracts in duplicate, signing, dispositionof copies

751 095 Contents of contract

751 105 Liability reserve

751 115 Solicitation to purchase contracts of unauthorized clubs prohibited

943

751 125 Misrepresentation of service contract prohibited

751 135 Contract not complying with chapter isvalid and binding on club

751 115 Other provisions applicable to motoristservice clubs

CROSS REFERENCES


Discrimination prohibited, 30 670

Guaranteed arrest bond certificate, 743 762

Home solicitation sales regulation insurance excepted 83 710


When automobile association membership card is acceptableas bail, 810 330

SUPERSEDED

INSURANCE

944

SUPERSEDED

MOTORIST SERVICE CLUBS 751. 045

751.005 " Motorist service club" defined. " Motorist service club" means any person engaged in rendering, furnishing or procuringfor another motor club service, as defined in ORS751015, except an officer, employe or agent of aperson holding a subsisting certificate of authority so to act [ 1967 c 359 § 6601


751. 015 " Motor club service" andservice contract" defined. ( 1) " Motor club

service" means any one or more of the servicesauthorized by ORS 751 035 to a person in connection with the ownership, operation, use ormaintenance of a motor vehicle by such person, in consideration of such person' s being or becoming a member of the motorist service club render-

ing, procuring or furnishing such services, orbeing or becoming in any manner affiliated withsuch club, or being or becoming entitled to receivesuch services from such club by virtue of anyagreement with such club

2) " Service contract" means an agreementwhereby a motorist service club, for a consideration, promises to render, furnish or procure foranother motor club service [ Formerly 732 030, 1969c 336 § 191


751. 025 Chapter not applicable toattorneys or insurers. Nothing in this chapter applies to a duly authorized attorney at lawacting in the usual course of the profession or to

an insurer acting in compliance with a certificateof authority issued pursuant to the Insurance

Code exclusive of this chapter [ Formerly 732 0401751 030 [ Amended by 1967 c 359 § 278, renumbered

7342401

751. 035 Motor club services. An

authorized motorist service club may provide anyone or more of the following services

1) " Bail bond service," which means any actby the club the purpose of which is to furnish orprocure, for a person accused of violation of anylaw of this state, a cash deposit, bond or otherundertaking required by law for the accused toenjoy personal freedom pending trial,

2) " Buying and selling service," which meansany act by the club whereby a person is aided inany way in the purchase or sale of an automobile,

3) " Discount service," which means any actby the club resulting in the giving of specialdiscounts, rebates, or reductions of price on gas-

945

oline, oil, repairs, parts, accessories or service for

motor vehicles to a person,

4) " Emergency road service," which meansany act by the club consisting of adjustment, repair or replacement of the equipment, tires ormechanical parts of an automobile so as to permit

it to be operated under its own power,

5) " Financial service," which means any actby the club whereby loans or other advances ofmoney, with or without security, are made to aperson,

6) " Insurance service," which means any actby the club consisting of the selling or giving witha service contract, or as a result of membership inor affiliation with the club, a policy of insuranceissued by an authorized insurer covering liabilityor loss from injury or damage to person or property by an accident resulting from the ownership, maintenance, operation or use ofa motor vehicle,

7) " Legal service," which means any act bythe club consisting of the hiring, retaining, engaging or appointing of an attorney or other personto give professional advice to or represent a

person in any court, with respect to liabilityincurred by or right of action accruing to theperson as a result of the ownership, operation, useor maintenance of a motor vehicle,

8) " Map service," which means any act bythe club by which road maps are furnished without cost to a person;

9) " Theft service," which means any act bythe club, the purpose of which is to locate, iden-

tify or recover a motor vehicle which has been ormay have been stolen or to detect or apprehendthe person guilty of such theft,

10) " Touring service," which means any actby the club by which touring information isfurnished without cost to a person, and

11) " Towing service," which means any actby the club consisting of drafting or moving amotor vehicle from one place to another exceptunder its own power [ 1967 c 359 § 6631


751. 045 Other services. Nothing in thischapter shall be construed as preventing anauthorized motorist service club from engaging inactivities and providing services which are out-

side the scope of its service contracts, if suchactivities and services are in accordance with law

and its charter, articles of incorporation and

bylaws, if any 11967 c 359 §6641751 050 ( Amended by 1967 c 359 § 281, renumbered

734 270)

SUPERSEDED

751. 055 INSURANCE

751. 055 Certificate of authorityrequired. A motorist service club shall not

execute, issue or deliver any service contract inthis state without a subsisting certificate of

authority Issued pursuant to ORS 751065, norshall any such club collect or receive from anyperson In advance of the execution, Issuance or

delivery of any such service contract any moneyor other thing of value upon any promise oragreement to execute, Issue or deliver such contract, unless it has such a certificate of authority

Formerly 7320501

751 060 tRepealed by 1967 c 359 § 704]

751.065 Issuance of certificate of

authority A certificate of authority shall beIssued by the director to a person authorized toact as a motorist service club when the club

1) Has filed with the director the following

a) An application therefor In such form anddetail as the director may require, executed underoath by its president or other principal officer,

b) A copy of the forms of its service contracts,

c) if it is a corporation, a certified copy of itscharter or articles of incorporation and its

bylaws,

d) A financial statement In such form anddetail as the director may require, executed underoath by its president or other principal officer, and

e) If it is a corporation, a certificate of

existence from the Secretary of State of this state2) Has paid to the director the pro rata

portion of the fee as provided in ORS 731 804 forthe portion of a year from the date of the application to the next following April 1

3) Has satisfied the director by such examination as the director may make and such evidence as the director may require that such clubhas complied with the laws of this state and that

its management is trustworthy and competent

The cost of any such examination shall be paid bythe club examined

4) Has deposited with the State Treasurer25, 000, which shall be held for the faithful

performance by the club of its service contractsFormerly 732 060 1987 c 94 § 167a, 1987 c 414 § 163]

751 070 [ Repealed by 1967 c 359 § 7041

751. 075 Filing and approval of form ofservice contract. No service contract shall beexecuted, issued or delivered in this state until a

copy of the form thereof has been on file for 30days with the director, unless before the expiration of the 30 days the director has approved the

form In writing No such service contract shall beexecuted, issued or delivered In this state if thedirector notifies the motorist service club, in

writing, within such 30 days that the form of thecontract does not comply with the laws of thisstate, specifying the reasons therefor [ Formerly732 100]


751.085 Contracts in duplicate; sign-

ing; disposition of copies. Every service contract executed, Issued or delivered in this stateshall be made In duplicate, and shall be signed bythe motorist service club issuing the contract orby its duly authorized agent and by the partypurchasing the contract One copy thereof shallbe kept by the club and the other copy shall bedelivered to the purchaser [ Hormerly 792 1101

751 090 I Repealed by 1967 c, 359 § 7041

751. 095 Contents of contract. Each

service contract shall contain the following

1) The exact corporate or other name of themotorist service club

2) The exact location of its home office andof its usual place of business in this state, givingstreet number and city

3) A provision that the contract may becanceled at any time by either the motorist service club or the holder, and that the holder shallthen be entitled to the unused portion of the

consideration the holder actually paid for thecontract, calculated on a pro rata basis withoutany deductions

4) A provision plainly specifying the servicespromised and that the holder shall not berequired to pay any sum for any services specifiedIn the contract in addition to the amount spec-

ified in the contract, and further specifying the

territory wherein such services are to be rendered, and the date when such services shall commence

Formerly 732 120]

751 100 ( Repealed by 1967 c 359 § 7041

751 105 Liability reserve. A motoristservice club shall maintain a liability reserveequal to 25 percent of the total unearned dues onservice contracts In force, but in no case less thanthe total refund of dues made within the preced-

ing 12 months on such contracts [ Formery 732 1, 101751 110 ( Amended by 1967 c 359 § 287, renumbered

7343301

751. 115 Solicitation to purchase con-

tracts of unauthorized clubs prohibited.

No person shall solicit or aid In the solicitation ofanother person to purchase a service contract

946

SUPERSEDED

MOTORIST SERVICE CLUBS 751. 145

issued by a motorist service club not duly authorized under ORS 751 065 [ Formerly 732 1401

731 120 [ Repealed b} 1967 c 359 § 704]

751. 125 Misrepresentation of servicecontract prohibited. No motorist service

club, and no officer or agent thereof, shall orallyor in writing misrepresent the terms, benefits orprivileges of any service contract issued or to beissued by it [ Formerly 732 1501

751. 135 Contract not complying withchapter is valid and binding on club. Anyservice contract made, issued or delivered con-

trary to any provision of this chapter shall nevertheless be valid and binding on the motoristservice club [ Formerly 732 1601

751. 145 Other provisions applicable tomotorist service clubs. ( 1) The followingprovisions of the Insurance Code shall apply to

947

motorist service clubs to the extent so applicable

and not inconsistent with the express provisionsof this chapter

a) ORS 731 004 to 731 026 and 731 032 to731 146, 731 216 to 731 280 and 731 284 to731354, 731386, 731390, 731398, 731 406 to731434, 731454, 731512, 731574, 731. 604 to731. 620, 731 640 to 731652, 731804, 731. 844, 731 988 and 731 992

b) ORS 737 205 and 737 330

2) For the purpose only of applying theInsurance Code sections listed in subsection ( 1) of this section to motorist service clubs, suchclubs shall be deemed to be insurers and service

contracts issued by such clubs shall be deemed tobe policies of insurance [ 1967 c 359 § 674, 1969 c 336

20, 1969 c 690 § 261

SUPERSEDED

INSURANCE

948

SUPERSEDED

Chapter 752


Professional Liability Insurance

75200a Definitions for ORS 752 005 to 752 055

752 015 Determination of need for professional ha. bdttyfund

752 025 Commission, appointment, membership, terms of office

949

752 035 Professional liability funds, establishment, minimum insurance coverage, authority ofcommission

752 046 Rules, reports by commissions, exemptionfrom Insurance Code and insurance Guar- anty Association

752 055 Short title

SUPERSEDED

INSURANCE

950

SUPERSEDED

PROFESSIONAL LIABILITY INSURANCE 752. 025

752.005 Definitions for ORS 752. 005to 752. 055. ( 1) For purposes of ORS 752 005 to752 055, a " qualified member of a profession" means a person

a) Who holds a current license, certificate orregistration in a profession which is regulated or

governed by a board established by the Legisla- tive Assembly,

b) Whose principal office is in Oregon,

tions, including past claims experience, licensingnoncompliance or inadequate risk management, and

b) Actuarial studies show that private insurers are adequately setting rates for professionalliability coverage, that a professional liabilityfund would not ultimately provide insureds lowerpremiums and that there is not an adequatenumber of potential insureds to fund a professional liability fund

c) Who is engaged in the private practice of ( 3) The director may contract for actuarialthe profession, and studies in order to make the determinations

d) Who is not exempted by the commission required by this section 11987 c 774 § 891from belonging to a professional liability fundmanaged by the commission

2) For purposes of subsection ( 1) of thissection, a person is not engaged in the private

practice of a profession if the person is a full -timeemploye of a corporation other than a corpora-

tion incorporated under ORS chapter 58, thestate, an agency or department thereof, a county, city, special district or any other public or municipal corporation or any instrumentality thereofHowever, a person who practices a professionoutside of the person' s full -time employment isengaged in the private practice of the profession

3) For the purposes of subsection ( 1) of thissection, the prmcipal office of a person is considered to be the location where the person engagesin the private practice of a profession more than50 percent of the time engaged in that practice Inthe case of a person in a branch office outsideOregon, if the main office to which the branchoffice is connected is in Oregon, the principaloffice of the person is not considered to be inOregon unless the person engages in the privatepractice of a profession in Oregon more than 50percent of the time engaged in that practice [ 1987c 774 § 921

752 010 [ 1975 c 796 § 13, 1977 c 269 § 1, repealed by1987 c 774 § 154]

752. 015 Determination of need for professional liability fund. ( 1) If the Director ofthe Department of Insurance and Finance finds, after hearings, that qualified members of anyprofession are unable to obtain insurance fordamages arising out of professional negligence orthat such professional liability insurance is notavailable at a reasonable cost to such members,

the director may determine that a professionallability fund is necessary

2) The director may not make a determination to implement a professional liability fund if

a) The lack ofavailability of insurance is dueto legitimate insurance underwriting conslders-

951

752 020 [ 1975 c 796 § 13a, 1977 c 269 § 2, repealed by1987 c 774 § 1541

752. 025 Commission; appointment; membership; term of office. ( 1) After a deter-

mination of necessity by the director under ORS752 015, the Governor may appoint a commissionfor each professional liability fund that the Direc- tor of the Department of Insurance and Financeproposes to implement

2) Each commission appointed pursuant tosubsection ( 1) of this section shall consist of nineindividuals appointed by the Governor, subject toconfirmation by the Senate in the mannerdescribed in ORS 171 562 and 171 565

3) Of the members of the commission, sixshall be members of the profession and three shallbe lay members

4) The term of office ofeach member is threeyears but a member serves at the pleasure of theGovernor Before the expiration of the term of amember, the Governor shall appoint a successor

whose term begins on July 1 next following Amember is eligible for reappointment If there is avacancy for any cause, the Governor shall makean appointment to become effective for the unexpired term upon confirmation by the Senate [ 1987c 774 §§ 90, 91]

Note Section 91a, chapter 774, Oregon Laws 1987, provides

Sec 91a. Notwithstanding the terms of office specified in section 91 of this Act [ ORS 752025 ( 2)], of the

members first appointed to a professional liability fund commission

1) Two shall serve for a term ending on June 30 nextafter their appointment,

2) Three shall serve for a term ending on June 30 oneyear after the end of the term specified in subsection ( 1) of thissection, and

3) Three shall serve for a term ending on June 30 twoyears after the end of the term specified in subsection ( 1) of

this section [ 1987 c 774 § 91al

SUPERSEDED

752.035 INSURANCE

752 030 [ 197D c 796 § 13b repealed by 1987 c 774

1541

752. 035 Professional liability funds: establishment; minimum insurance cover-

age; authority of commission. A professionalliability fund commission appointed pursuant toORS 752 025 shall establish a professional liability fund for qualified members of the appropriate profession When a fund is established underthis section

1) The commission shall require all qualified

members of the profession to carry professional

liability insurance offered by the fund with primary liability limits of at least $200, 000

2) A professional liability fund establishedunder this section shall pay, on behalf of qualifiedmembers of the profession, all sums as may beprovided under the fund which any such membershall become legally obligated to pay as moneydamages because of any claim made against suchmember as a result of any act or omission of such

member In rendering or failing to render professional services for others in the member's profes-

sional capacity or caused by any other person forwhose acts or omissions the member is legallyresponsible

3) The commission shall have the authority

a) To assess each person covered by the fundfor contributions to the fund,

b) To establish definitions of coverage to be

provided by the fund, c) To employ legal counsel to represent the

fund and to defend and control the defense of anyperson covered by the fund against whom a claimis made,

d) To employ any persons necessary for theproper administration of the fund, and

e) To contract with a local insurer to administer the fund 11987 c 774 § 931

752 040 [ 1975 c 796 § 14, 1977 c 269 § 3 repealed by

1987 c 774 § 1541

752.045 Rules; reports by commissions; exemption from Insurance Code andInsurance Guaranty Association. ( 1) TheDirector of the Department of Insurance andFinance shall adopt rules for the establishment of

professional liability funds by the commissionsdescribed in ORS 752 025 Such rules shallinclude, but need not be limited to, rules requiringannual reports from the commissions

2) The commissions shall report to the

director annually on the operations of the fundThe reports shall contain any informationrequired by the director

3) A professional liability fund establishedunder ORS 752 005 to 752 055 shall be subject tothe rules of the director adopted under subsection

1) of this section Such funds shall not be otherwise subject to the Insurance Code, and shall notparticipate in the Oregon Insurance GuarantyAssociation [ 1987 c 774 § 9391

752 050 [ 1975 c 796 § 15, repealed by 1977 c 269 § 121

752. 055 Short title. ORS 752 005 to752 055 shall be known and may be cited as " TheOregon Professional Liability Funds Law" [ 1987c 774 § 93bl

752 060 [ 1975 c 796 § 16, 1977 c 269 K repealed by1987 c 774 § 154]

752 070 [ 1975 c 796 § 17, 1977 c 269 § 5 repealed by

1987 c 774 § 1541

752 080 ( 1975 c 796 § 18, 1977 c 269 § 6, repealed by

1987 c 774 § 1541

752 090 ( 1975 c 796 § 21, 1977 c 269 § 7, repealed by1987 c 774 § 154]

752 100 [ 1975 c 796 § 22, repealed by 1987 c 774 91541

752 110 ( 1975 c 796 § 23, 1977 c 269 § 8, repealed by1987 c 774 § 154]

752 120 11975 c 796 § 24, 1977 c 269 § 9 repealed by

1987 c 774 91541

752 130 [ 1975 c 796 § 19, repealed by 1987 c 774 § 1541

752 140 11975 c 796 § 20, 1977 c 269 § 10, repealed by1987 c 774 § 1541

952

752 150 19 75 c 796 §25, repealed by 1987 c 774 § 1541

752 160 11975 c 796 §27, repealed by 1987 c 774 § 154]

752 170 1977 c 851 § 5, repealed by 1987c774§ 1541

752 180 1977 c 851 § 6, repealed by 1987 c 774 § 1541

752 190 1977 c 269 § 11, repealed by 1987 c 774 § 1541

CHAPTERS 753 to 755

Reserved for expansion]

SUPERSEDED

CHAPTER

RESERVED

FOR

EXPANSIONSUPERSEDED

0

RESERVED

FOR

EXPANSIONSUPERSEDED

TITLE 57

UTILITIES; RAILROADS AND OTHER CARRIERS

Chapter 756 Public Utility Commission757 Utility Regulation Generally758 Utility Rights of Way and Territory Allocation, Cogeneration760 Railroad Regulation Generally761 Railroad Equipment, Buildings and Tracks, Transportation of Hazardous Materials763 Railroad Crossings764 Railroad Employes767 Motor Carriers

771 Liability of Carriers772 Rights of Way for Public Uses773 Air Carriers and Air Commerce

774 Citizens' Utility Board

Chapter 756


Public Utility Commission

DEFINITIONS

756 010 Definitions

COMMISSION POWERS AND DUTIES

GENERALLY

756 014 Public Utility Commission, appointment,

953

756 068 Service of notice, other legal process

confirmation, term, removal

756 016 Quorum, seal, individual commissioner

authorized to act for commission

756 022 Oath of office

756 026 Prohibited interests of commissioners and

756 090

employes

756 028 Employe statements regarding prohibited

756 105

interests

756 032 Employe dismissal for retention of prohib-

756 125

ited interests or failure to file statements

756 034 Intent of prohibited interest provisions

756 036 Duties and functions

756 040 General powers

756 045 Employing legal counsel

756 050 Office, office supplies and sessions of com-

mission

756 055 Delegation of authority

756 060 Authority to adopt rules and regulations

756 062 Compliance with utihty and carrier lawseffectuates orders, construction of laws

generally

953

756 068 Service of notice, other legal process

ENFORCEMENT AND REMEDIES

756160 Enforcement of statutes and ordinances

relating to utilities and carriers

756 180 Enjoining violation of utility laws

756 185 Right of patron to recover treble damagesfor wrongs and omissions

756 200 Effect of utility and carrier laws on common law and other statutory rights ofaction, duties and liabilities

FUNDS AND FEES

756 305 Public Utility Commission Account

756 310 Annual fees payable by railroads and publicutilities

756 320 Statements accompanying fees, audit andrefunding by commission

INVESTIGATORY POWERS

756 070 Investigating management of utilities andcarriers

756 075 Right of entry for examination of equipment, records, employes, use of findings

756 090 Maintaining records, expenses of examining out -of -state records

756 105 Duty to furnish information to commission

756 115 Failure to furnish requested information

756 125 interference with commission' s equipment


756160 Enforcement of statutes and ordinances

relating to utilities and carriers

756 180 Enjoining violation of utility laws

756 185 Right of patron to recover treble damagesfor wrongs and omissions

756 200 Effect of utility and carrier laws on common law and other statutory rights of

action, duties and liabilities

FUNDS AND FEES

756 305 Public Utility Commission Account

756 310 Annual fees payable by railroads and publicutilities

756 320 Statements accompanying fees, audit andrefunding by commission

SUPERSEDED

UTILITIES: RAILROADS AND OTHER CARRIERS

756 325 Distribution of information filed with commission

756 350 Penalty for failure to pay fees, action tocollect unpaid fees and penalties

756 360 Disposal and use of fees and penalties collected

TRANSPORTATION COMPANY REGULATIONS

756 380 Definitions for ORS 756 385 and 756 390

756 385 Common carrier not to abandon agencies orwithdraw agent without approval of com-

mission

756 390 Petitioning commission for authority toabandon agency or w ithdraw agent

DECLARATORY RULINGS

756 450 Declaratory rulings

COMPLAINT AND INVESTIGATION PROCEDURE

756 500 Complaint, persons entitled to file, contents, amendments

756 512 Notice of complaint to defendant, retg on- sive pleadings, setting cause for hearing

756 515 Investigations and hearings on commission' s own motion, hearings for aggrieved

persons

HEARING PROCEDURE

756 518 Application to all hearings, orders and judicial rei iew

756 519 Representation by nonattorneys in transportation matters

756 521 Public hearings, record required, furnish-

ing transcripts

756 525 Parties to proceedings

756 528 Segregation of issues, interim orders

756 531 Place of hearings, continuation

756 538 ' faking, use of depositions

756 543 Issuance of subpenas, failure to comply756 549 Self-incrimination of witnesses in commis-

sion' s proceedings

756 552 Self - incrimination of witnesses in courtproceedings

756 555 Powers of commission at hearings

756 558 Taking of evidence, findings, issuance oforders, providing copies of orders

756 561 Rehearing, reconsideration

756 565 Prima facie effect of commission' s actions

756 568 Rescission, suspension and amendment oforders

756 572 Orders binding on successors in interest

756 575 Notice of acceptance of terms of orders

756 580 Suits to act aside findings and order of

CROSS REFERENCES

Admimstratne orders of state agencies 183 310 to 183 550

Air carriers and air commerce, Ch 773

Citizens' Utility Board, 774 190

Community water supply system district boundary changes. approval by commission, 199 464

Conformance with state water resources policy required, 536 300 to 536 400

Emergency curtailment of electricity or natural or manufactured gas, 757 710 to 757 730

Highway illumination plans, specifications submission Wcommission, 372 160

Public transit systems, operating agreements, 184 705

State agencies generally, Ch 182756 040

Commission to examine and inspect railroad facilities, 761 120, 761 150

Condemnation of utihues' property, necessity of commissionapproval, 492 100

Interstate bridges, control of commission over, 381 435

lugging ronds, jurisdiction, 376 540

PCB disposal fauhty, recommendation concerning application 466 280

Rate fixing for municipal utilities, 221 420Vehicle lighting equipment specifications, power of commis-

sion to establish, 816 020

756 045

Attorney General, control oier legal assistance provided tostate agencies, 180 220, 180 230

756 050

Office space, leasing, 276 420 to 276 429

756 070

Auditing of accounts of utility, 757 135

Committee on Synthetic Chemicals in the Environment

membership, 634 352

Examination of books before permitting issuance ofsecurities 757 420

954

commission

756 585 Transmittal of record, shortening ofrecord, costs

756 590 Suspending order until disposition of suit756 594 Burden of proof

756 598 Scope of court review of order

756 600 Procedure when new evidence introduced

in suit to act aside order

756 610 Appeal to Court of Appeals

PENALTIES

756 990 Penalties

CROSS REFERENCES

Admimstratne orders of state agencies 183 310 to 183 550

Air carriers and air commerce, Ch 773

Citizens' Utility Board, 774 190

Community water supply system district boundary changes. approval by commission, 199 464

Conformance with state water resources policy required, 536 300 to 536 400

Emergency curtailment of electricity or natural or manufactured gas, 757 710 to 757 730

Highway illumination plans, specifications submission Wcommission, 372 160

Public transit systems, operating agreements, 184 705

State agencies generally, Ch 182756 040

Commission to examine and inspect railroad facilities, 761 120, 761 150

Condemnation of utihues' property, necessity of commissionapproval, 492 100

Interstate bridges, control of commission over, 381 435

lugging ronds, jurisdiction, 376 540

PCB disposal fauhty, recommendation concerning application 466 280

Rate fixing for municipal utilities, 221 420Vehicle lighting equipment specifications, power of commis-

sion to establish, 816 020

756 045

Attorney General, control oier legal assistance provided tostate agencies, 180 220, 180 230

756 050

Office space, leasing, 276 420 to 276 429

756 070

Auditing of accounts of utility, 757 135

Committee on Synthetic Chemicals in the Environment

membership, 634 352

Examination of books before permitting issuance ofsecurities 757 420

954

SUPERSEDED

PUBLIC UTILITY COMMISSION 756.014

DEFINITIONS

756.010 Definitions. As used in ORSchapters 756, 757, 758, 760, 761, 763, 764, 767 and

773, except as otherwise specifically provided orunless the context requires otherwise-

1) " Commission" means the Public UtilityCommission of Oregon

2) " Commissioner" means a member of the

Public Utility Commission of Oregon3) " Customer" includes the patrons, pas-

sengers, shippers, subscribers, users of the serviceand consumers of the product of a railroad, motor

carrier or public utility

4) " Motor carrier" has the meaning giventhat term in ORS 767 005

5) " Municipality" means any city, municipalcorporation or quasi - municipal corporation

6) " Person" includes individuals, joint ventures, partnerships, corporations and associa-

tions or their officers, employes, agents, lessees, assignees, trustees or receivers

7) " Public utility" has the meaning giventhat term in ORS 757 005.

8) " Railroad" has the meaning given thatterm in ORS 760 005

9) " Air carrier" means any person owning, controlling or operating aircraft engaged in aircommerce

10) "Air commerce" means all transportation

by aircraft of persons or property for compensation between points in this state However, theterm does not include

a) Transportation of U.S mail, or

b) Transportation performed as an integralpart of

A) Instruction in the operation of aircraft,

B) Aerial application of agricultural chemicals,

C) Air ambulance services,

D) Aerial fire - fighting services,

E) Air taxi or charter services, or

F) Aerial logging operations

11) " Rate" means any fare, charge, joint rate, schedule or groups of rates or other remuneration

or compensation for service

12) " Service" is used in its broadest and mostinclusive sense and includes equipment and facil-

ities related to providing the service or the prod-

uct served Amended by 1971 c655 § 2, 1973 c776 § 14, 1977 c 337 § 1, 1985 c 834 § 61

Note The amendments to 756010 by section 75, chapter 447, Oregon Laws 1987, take effect July 1, 1989 Seesection 141, chapter 447, Oregon Laws 1987 The text is set

forth for the user' s convenience

756 010 As used in ORS chapters 756, 757, 758, 760,

761, 763, 764, 767, 773 and sections 1 to 70 chapter 447,

Oregon Laws 1987, except as otherwise specifically providedor unless the context requires otherwise

1) " Commission" means the Public Utility Commissionof Oregon

2) " Commissioner" means a member of the Public

Utility Commission of Oregon

3) " Customer" includes the patrons, passengers, shippers, subscribers, users of the service and consumers of the

product of a railroad. motor carrier, public utility or telecom-

munications utility

4) " Motor carver" has the meaning given that term inORS 767 005

5) " Municipality" means any city, municipal corporation or quasi - municipal corporation

6) " Person" includes individuals joint ventures, part-

nerships corporations and associations or their officers,

employes agents, lessees assignees, trustees or receivers

7) " Public utility" has the meaning given that term inORS 757 005

8) " Railroad' has the meaning given that term in ORS760 005

9) " Air carrier" means any person owning controlling or

operating aircraft engaged in air commerce

10) " Air commerce" means all transportation by aircraft

of persons or property for compensation between points inthis state However, the term does not include

a) Transportation of U S mail, or

b) Transportation performed as an integral part of

A) Instruction in the operation of aircraft,

R) Aerial application of agricultural chemicals,

C) Air ambulance services,

D) Aerial fire- fighting services,

E) Air taxi or charter services, or

F) Aerial logging operations

11) " Rate" means any fare, charge, joint rate, scheduleor groups of rates or other remuneration or compensation for

service

12) " Service" is used in its broadest and most inclusive

sense and includes equipment and facilities related to provid-

ing the service or the product served

13) " Telecommunications utility" has the meaninggiven that term in section 1, chapter 447, Oregon Laws 1987

COMMISSION POWERS AND DUTIES

GENERALLY

756.014 Public Utility Commission; appointment; confirmation; term; removal.

955

SUPERSEDED

756.016 UTILITIES; RAILROADS AND OTHER CARRIERS

1) There Is created the Public Utility Commis- sion of Oregon The commission shall be com-

posed of three members appointed by theGovernor, subject to confirmation by the Senatepursuant to section 4, Article III of the Oregon

Constitution No more than two of such membersshall be of the same political party

2) Each commissioner shall hold office for

the term of four years A commissioner shall holdoffice until a successor has been appointed and

qualified The chairman shall be designated bythe commission, to serve for a term of two years

3) Any vacancy occurring in the office ofcommissioner shall be filled by appointment bythe Governor to hold office for the balance of theunexpired term

4) The Governor may at any time remove acommissioner for any cause deemed by the Gov- ernor sufficient Before such removal the Gover-

nor shall give the commissioner a copy of thecharges, and shall fix a time when the commis-

sioner can be heard, which shall not be less than

10 days thereafter The hearing shall be open tothe public If the commissioner is removed, the

Governor shall file in the office of the Secretary ofState a complete statement of all charges madeagainst the commissioner, and the findingsthereon with a record of the proceedings Such

power of removal is absolute, and there is no right

of review of the same in any court 11985 c 834 § 2]

756. 016 Quorum; seal; individual com-

missioner authorized to act for commission.

1) A majority of the commissioners shall constitute a quorum for the transaction of any business, for the performance of any duty or for theexercise of any power of the commission

2) The commission shall have a seal with the

words " Public Utility Commission of Oregon" and such other design as the commission mayprescribe engraved thereon, by which the proceedings of the commission shall be authenti-

cated and of which the courts shall take judicial

notice

3) Any investigation, inquiry or hearingwhich the commission has power to undertake or

to hold may be undertaken or held by or beforeany commissioner designated by order of thecommission Except as provided in ORS 756 055, all investigations, inquiries and hearings so held

shall be conducted as though by the full commission with such commissioner empowered to exer-

cise all the powers of the commission with respect

thereto 11985 c 834 § §3, 4, 51

756 020 [ Amended by 1973 c 792 § 48, 1983 c 540 § Irepealed by 1985 c 834 § 12]

756.022 Oath of office. Before enteringupon the duties of office, each commissioner shalltake and subscribe to an oath or affirmation to

support the Constitution of the United States

and of this state, and to faithfully and honestlydischarge the duties of office The oath shall be

filed with the Secretary of State 119 71 e 655 U 1985c 834 § 71

756 026 Prohibited interests of com-

missioners and employes. ( 1) No commis-

sioner shall

a) Hold any other office of profit,

b) Hold any office or position under anypolitical committee or party,

c) Hold any pecuniary interest in any business entity conducting operations which if conducted in this state would be subject to the

commission' s regulatory jurisdiction, or

d) Hold any pecuniary Interest in, have anycontract of employment with, or have any substantial voluntary transactions with any businessor activity subject to the commission' s regulatoryjurisdiction

2) The prohibitions of paragraphs ( c) and

d) of subsection ( 1) of this section apply to thespouse and minor children of each commissioner

3) If the Governor determines that any commissioner has done any act prohibited by subsection ( 1) of this section, or that a commissioner' s

spouse or a minor child has done any act prohibited by subsection ( 2) of this section, the Gover- nor shall remove the commissioner in the manner

provided in ORS 756 014 ( 4)

4) Subsection ( 3) of this section does notapply to a commissioner if the commissioner orthe commissioner' s spouse or a minor child

acquires any pecuniary Interest prohibited bysubsection ( 1) or ( 2) of this section, advises the

Governor of such acquisition, and causesdivestiture of such Interest within the time spec-

ified by the Governor5) For purposes of subsection ( 1) of this

section, a business or activity shall not be considered subject to the commission' s regulatory jurisdiction solely because the business or activity is aprivate carrier as defined by ORS 767 005 ( 13) 1971 c 6n5 § 4 1985 c 834 § 8 1987 c 123 § 11

756.028 Employe statements regard-

ing prohibited interests. Each employe of thecommission shall file with the commission a

statement regarding holdings of the employe andthe holdings of the employe' s spouse and minor

children of any pecuniary Interest In any businessor activity subject to the commission' s regulatory

956

SUPERSEDED


jurisdiction Supplementary statements shall befiled as such pecuniary interests are acquired ordivested The statements shall be in such form asthe commission prescribes If the commissiondetermines that an employe or spouse or minor

child of the employe holds any such pecuniaryinterest that may interfere with the impartialdischarge of the employe' s duties, the commission shall order divestiture of the interest 11971

c 655 § 51

756 030 Repealed by 1971 c 655 § 250]

756.032 Employe dismissal for reten-

tion of prohibited interests or failure to filestatements. ( 1) The commission shall dismissan employe

a) Employed on January 1, 1972, who fails tofile the statement required by ORS 756 028before January 12, 1972

b) Employed after January 1, 1972, who failsto file the statement required by ORS 756 028before the 11th day after the date of employment.

c) Who fails to file the supplementary statement required by ORS 756 028 before the 11thday after the acquisition of a pecuniary interest

d) Who fads to cause divestiture of a pecuni-

ary interest within the time specified in an orderissued pursuant to ORS 756 028

2) Dismissal of an employe under subsection

1) of this section is subject to the procedure and

appeal provided in ORS 240 555 and 240 560. An

employe so dismissed is eligible for reemploy- ment [ 1971 c 655 § 6 1979 c 4b8 § 341

756.034 Intent of prohibited interest

provisions. Nothing in ORS 756 022 to 756 032is intended to authorize any act otherwise prohibited bylaw [ 1971 c 655 § 71

756.036 Duties and functions. The com-

mission may

1) Organize and reorganize the office of the

Public Utility Commission in the manner that it

considers necessary to properly discharge theresponsibilities of the Public Utility Commission

2) Appoint and employ all subordinateofficers and employes, including, but not limitedto, deputies, assistants, engineers, examiners, accountants, auditors, inspectors and clerical per-

sonnel and prescribe their duties and fix theircompensation, subject to the State Personnel

Relations Law Subject to any applicable lawregulating travel and other expenses of stateofficers and employes, the commissioners and the

officers and employes of the commission shall bereimbursed for such reasonable and necessarytravel and other expenses incurred in the performance of their official duties

3) Contract for or procure on a fee or part - time basis, or both, such experts, technical orother professional services as it may require forthe discharge of its duties

4) Obtain such other services as it considers

necessary or desirable5) Participate in organizations of regional

and national utility commissions

6) Appoint advisory committees A memberof an advisory committee so appointed shallreceive no compensation for services as a member, but, subject to any applicable law regulatingtravel and other expenses of state officers and

employes, the member shall receive actual and

necessary travel and other expenses incurred inthe performance of official duties 11971 c655 § 8,

1985 c 834 § 91

756. 040 General powers. ( 1) In additionto the powers and duties now or hereafter transferred to or vested in the commission, the com-

mission shall represent the customers of any

public utility, railroad, air carrier or motor earner, and the public generally in all controversies

respecting rates, valuations, service and all matters of which the commission has jurisdiction Inrespect thereof the commission shall make use of

the jurisdiction and powers of the office to pro-

tect such customers, and the public generally,

from unjust and unreasonable exactions and

practices and to obtain for them adequate service

at fair and reasonable rates

2) The commission is vested with power and

jurisdiction to supervise and regulate every public

utility, railroad, air earner and motor carrier inthis state, and to do all things necessary andconvenient in the exercise of such power and

jurisdiction

3) The commission may participate in anyproceeding before any public officer, commissionor body of the United States or any state for thepurpose of representing the public generally andthe customers of the services of any public utility, railroad, water, air carrier or motor carrier oper-

ating or providing service to or within this state4) The commission may make joint investi-

gations, hold joint hearings within or without this

state and issue concurrent orders in conjunction

or concurrence with any official, board, commission or agency of any state or of the UnitedStates [ Amended by 1961 c467 § 1, 1971 c655 § 9, 1973c 776 § l5]

Note The amendments to 756040 by section 76,

chapter 447, Oregon haws 1987, take effect July 1, 1989 Seesection 143, chapter 447, Oregon taus 1987 The text is set


957

SUPERSEDED

756. 045 UTILITIES; RAILROADS AND OTHER CARRIERS

756 040 ( 1) In addition to the powers and duties now

or hereafter transferred to or vested in the commission, the

commission shall represent the customers of any public util.

ity telecommunications utility, railroad, air carrier or motor

carrier and the pubbc generally in all controversies respectingrates, valuations, service and all matters of which the commas-

sent has jurisdiction In respect thereof the commission shallmake use of the jurisdiction and powers of the office to protect

such customers, and the public generally from unjust andunreasonable exactions and practices and to obtain for them

adequate service at fair and reasonable rates

2) The commission is %ested with power and jurisdic-

tion to supervise and regulate every public utility, telecom-

munications utility railroad air carrier and motor carrier in

this state and to do all things necessary and convenient in theexercise of such power and jurisdiction

3) The commission may participate in any proceedingbefore any public officer commission or body of the United

States or any state for the purpose of representing the publicgeneralh and the customers of the sen ices of any public

utility telecommunications utility, railroad, water, air carrieror motor carrier operating or providing service to or within

this state

4)' I' he commission may make joint investigations, holdjoint hearings within or without this state and issue concur-

rent orders in conjunction or concurrence with any official,

board commission or agency of any state or of the UnitedStates

756.045 Employing legal counsel. Uponrequest by the commission, the Attorney Generalshall furnish to the commission such attorneys as

the commission finds necessary ( Formerly 756 150

756.050 Office, office supplies and sessions of commission. ( 1) The commission shall

keep office at the capital and shall be providedwith suitable office quarters under ORS 276 004

Necessary office furniture, supplies, stationery, books, periodicals and maps shall be furnished,

and all necessary expenses therefor shall beaudited and paid as other state expenses are

audited and paid

2) The commission may hold sessions andmaintain offices at places other than the capital

for the more convenient and efficient perform-

ance of the duties imposed upon the commission

by law, and shall upon request be provided by thecounty court or board of county commissioners ofany county in the state with suitable rooms foroffices and hearings [ Amended by 1969 c 706 § 64g, 1971c b55 g 111

756.055 Delegation of authority. ( 1) Except as provided in subsection ( 2) of this

section, the commission may designate by orderor rule any commissioner or any named employe

or category of employes who shall have authorityto exercise any of the duties and powers imposedupon the commission by law The official act ofany commissioner or employe so exercising any

such duties or powers is considered to be anofficial act of the commission

2) The commission may not delegate to anycommissioner, named employe or category of

employes under subsection ( 1) of this section the

authority to

a) Sign an interim or final order after hear-

ing,

b) Sign any order upon any investigation thecommission causes to be initiated,

c) Sign an order that makes effective a rule,

d) Enter orders on reconsideration or follow-

ing rehearing, or

e) Grant immunity from prosecution, forfeiture or penalty [ 1971 c 655 § 12, 1985 c 834 § 101

756.060 Authority to adopt rules andregulations. The commission may adopt andamend reasonable and proper rules and regula-

tions relative to all statutes administered by thecommission and may adopt and publish reasonable and proper rules to govern proceedings and

to regulate the mode and manner of all investiga-

tions and hearings of public utilities, railroads, aircarriers, motor carriers and other parties before

the commission [ Amended by 1971 c 655 § 13, 1973 c 776161

Note The amendments to 756060 by section 77, chapter 447, Oregon Laws 1987, take effect July 1, 1989 Seesection 143, chapter 447 Oregon Laws 1987 The text is set


756 060 The commission may adopt and amendreasonable and proper rules and regulations relative to all

statutes administered by the commission and may adopt andpublish reasonable and proper rules to govern proceedings and

to regulate the mode and manner of all investigations and

hearings of public utilities, telecommunications utilities, rail-

roads, air carriers, motor carriers and other parties before the

commission

756.062 Compliance with utility andcarrier laws effectuates orders; construc-

tion of laws generally. ( 1) A substantial

compliance with the requirements of the laws

administered by the commission is sufficient togive effect to all the rules, orders, acts and regula-

tions of the commission and they shall not bedeclared inoperative, illegal or void for any omission of a technical nature in respect thereto

2) The provisions of such laws shall be

liberally construed with a view to the publicwelfare, efficient facilities and substantial justicebetween customers and public utilities, railroads, air carriers and motor camera [ Formerly 757025.

1973 c 776 § 171

Note The amendments to 756062 by section 78, chapter 447, Oregon Laws 1987, take effect July 1, 1989 See

958

SUPERSEDED


section 143 chapter 447, Oregon Laws 1987 The text is setforth for the user' s convenience

756 062 ( 1) A substantial compliance with the

requirements of the laws administered by the commission issufficient to give effect to all the rules, orders, acts and

regulations of the commission and they shall not be declaredinoperative, illegal or void for any omission of a technicalnature in respeetthereto

2) The provisions of such laws shall be liberally construed with a view to the public welfare, efficient facilities and

substantial justice between customers and public utilities,

telecommunications utilities, railroads, air carriers and motor

carriers

756 064 11971 c 655 § 15, 1973 c 776 § 18, repealed by

1975 c 605 § 341

756.068 Service of notice, other legalprocess. The service or delivery of any notice, order, form or other document or legal process

required to be made by the commission may bemade by mail If by mail, service or delivery ismade when the required material is deposited inthe post office, In a sealed envelope with postage

paid, addressed to the person on whom it is to beserved or delivered, at the address as it last

appears in the records of the commission 11971

c 655 § 161

INVESTIGATORY POWERS

756.070 Investigating management ofutilities and carriers. The commission mayinquire Into the management of the business ofallpublic utilities, air carriers, motor carriers and

railroads, and shall keep Informed as to the manner and method in which they are conducted andhas the right to obtain from any public utility, aircarrier, motor carrier or railroad all necessaryinformation to enable the commission to perform

duties [ Amended by 1971 c 655 § 17 1973 c 776 J19]

Note The amendments to 756070 by section 70, chapter 447 Oregon Laws 1987 take effect .July 1, 1989 Seesection 143, chapter 447, Oregon laws 1987 Fhe text is set


756 070 The commission may inquire into the management of the business of all public utilities, telecommunica-

tions utilities, air carriers, motor carriers and railroads, and

shall keep informed as to the manner and method in which

theyare conducted and has the right to obtain from any publicutility, telecommunications utility, air carrier, motor carrieror railroad all necessary information to enable the commissionto perform duties

756,075 Right of entry for examination of equipment, records, employes; use

of findings. ( 1) The commission or authorized

representatives may enter upon any premises, or

any equipment, rolling stock or facilities operatedor occupied by any public utility, railroad, aircarrier or motor carrier for the purpose of making

any inspection, examination or test reasonablyrequired in the administration of ORS chapter756, 757, 758, 760, 761, 763, 764, 767 or 773 and to

set up and use on such premises equipment,

rolling stock or facilities any apparatus andappliances and occupy reasonable space therefor

2) The commission or authorized represen-

tatives shall, upon demand, have the right toinspect the books, accounts, papers, records and

memoranda of any public utility, railroad, aircarrier or motor carrier and to examine under

oath any officer, agent or employe of such public

utility, railroad, air carrier or motor carrier inrelation to its business and affairs

3) Any person who on behalf of the commission makes demand of a public utility, railroad, air carrier or motor carrier for an examination, inspection or test shall, upon request therefor,

produce a certificate under the seal of the com-

mission showing authority to make such examination, inspection or test

4) Nothing in this section authorizes thecommission to use any information developedthereunder for any purpose inconsistent with anystatute administered by the commission or tomake a disclosure thereof for other than regulatory purposes [ Formerly 757 260, 1974 c 776 § 201

Note The amendments to 756 075 by section 80, chapter 447, Oregon Laws 1987, take effect July 1, 1989 Seesection 143, chapter 447 Oregon Laws 1987 The text is set


756 075 ( 1) The commission or authorized repreqen-

tatives may enter upon an) premises, or any equipment,

rolling stock or facilities operated or occupied by any publicutility, telecommunications utility, railroad air carrier ormotor carrier for the purpose of making any inspection, examination or test reasonably required in the administrationof ORS chapter 756, 757, 758 760, 761, 763, 764, 767, 773 or

sections 1 to 70 chppter 447, Oregon Laws 1987, and to set upand use on such premises equipment, rolling stock or facilitiesany apparatus and appliances and occupy reasonable spacetherefor

2) The commission or authorized representatives shall,

upon demand, have the right to inspect the books accounts,

papers records and memoranda of any public utility, telecommunications utility, railroad air carrier or motor carrier and

to examine under oath any officer, agent or employe of such

public utility, telecommunications utility, railroad, air carrieror motor carrier in relation to its business and affairs

3) Any person who on behalf of the commission makesdemand of a public utility, telecommunications utility, railroad, air carrier or motor carrier for an examination, inspec-

tion or test shall, upon request therefor, produce a certificate

under the seal of the commission show mg authority to makesuch examination, inspection or test

4) Nothing in this section authorizes the commission touse env information developed thereunder for any purpose

inconsistent with any statute administered by the commis-

959

SUPERSEDED


stun or to make it di+ closure thereof for other than regulatanPurposes

756 080 1 Repealed by 1971 c 655 ¢ 2501

756. 090 Maintaining records; expensesof examining out -of -state records. ( 1) The

commission may require by rule, or by order orsubpena to be served on any public utility, railroad, air carrier or motor carrier, the maintainingwithin this state or the production within this

state at such time and place as the commission

may designate, of any books, accounts, papers orrecords kept by such public utility, railroad, aircarrier or motor carrier in any office or placewithin or without this state, or verified copies in

lieu thereof, if the commission so orders, in order

that an examination thereof may be made by thecommission or under direction of the commission

2) When a public utility, railroad, air carrieror motor carrier keeps and maintains its books, accounts, papers or records outside the state, the

commission may examine such documents andshall be reimbursed by the public utility, railroad, air carrier or motor carrier for all expenses

incurred in making such out -of -state examina-

tion ( Amended b3 1971 c 655 § 19 1973 c 776 5211

Note The amendments to 756090 hi section 81

chapter 447 Oregon Laws 1987 take effect duly 1 1989 Seesection 143 chapter 447 Oregon Law% 1987 1 he text is setforth for the user s coin enience

756 090 ( 1)' rhe commission may require by rule, or

bi order or subpena to be served on any public itilmtelecommunications wilm railroad air carrier or mo(ur

carrier, the maintaining w ithin this state or the productionwithin this state at such time and place as the commission

mai designate ofnn) books accomuh papers or records kept

b) such public utility telecommunications utilih railroad aircarrier or motor carrier in am office or place w ohm or w about

this state, or tenfied copies- in lieu thereof if the commission

so orders in order that an examination thereof ma) be made

b) the commasssion or under direction of the commission

2) When a public utility telecommunications utility, railroad air carrier or motor carrier keeps and maintains its

bunks accounts papers or records outside the slate the

commission may examine such documents and shall be reimbursed b) the public utilit) telecommmiaal ions utiht) rail

road air carrier or motor carrier for all expenses incurred in

making such out -of -state examination

756 100 lRepealed b) 1953 c 25 § 21

756. 105 Duty to furnish information tocommission. ( 1) Every public utility, railroad, air carrier and motor carrier shall furnish to the

commission all information required by the commission to carry into effect the provisions of ORSchapters 756, 757, 755, 760, 761, 763. 764, 767 and

773, and shall make specific answers to all ques-

tions submitted by the commission

2) If a public utility, railroad, air carrier ormotor carrier is unable to furnish any information required under subsection ( 1) of this section

for any reason beyond its control, it is a good andsufficient reason for such failure The answer orinformation shall be verified under oath andreturned to the commission at the commission' s

office within the period fixed by the commissionFormery 757 115, 1973 c 776 § 22]

Note The amendments to 756105 by section 82, chapter 447 Oregon Laws 1987, take effect July 1 1989 See

section 143 chapter 447 Oregon Laws 1987 The text is setforth for the user' s enmenience

756105 ( 1) Every public utility, telecommunicationsutilm railroad air carrier and motor carrier shall furnish to

the commission all information required by the commission tocarry into effect the proiismns of ORS chapters 756, 757, 758,

760, 761 763, 764 767, 773 and sections 1 to 70, chapter 447,

Oregon Laws 1987 and shall make specific answers to all

questions submitted by the commission

2) If a public utility, telecommunications utility, railroad air carrier or motor carrier is unable to furnish anyinformation required under subsection ( 1) of this section for

any reason beyond its control it is a good and sufficientreason for such failure The answer or information shall be

verified under oath and returned to the commission at the

commmionb office w ithm the period fixed bi the commis-

sion

756 110 [ Repealed b) 1953 c 25 § 21

756. 115 Failure to furnish requestedinformation. No officer, agent or employe of

any public utility, railroad, air carrier or motorcarrier shall

1) Fad or refuse to fill out and return anyforms required by the commission,

2) Fad or refuse to answer any questiontherein propounded,

3) Knowingly or wilfully give a false answerto any such question or evade the answer to anysuch question where the fact inquired of is within

the person' s knowledge,

4) Upon proper demand, fail or refuse to

exhibit to the commission or any person author-

ized to examine the same, any book, paper, account, record or memorandum of such public

utility, railroad, air earner or motor carrier which

is in possession or under the control of the

person,

5) Fall to properly use and keep system ofaccounting or any part thereof, as prescribed bythe commission, or

6) Refuse to do any act or thing in connection with such system of accounting when sodirected by the commission or authorized representative [ Formerly 757 180 1973 c 776 § 23]

960

SUPERSEDED

PUBLIC UTILITY COMMISSION 756. 160

Note The amendments to 756115 by section 83, chapter 447, Oregon laws 1987 take effect July 1 1989 See

section 143, chapter 447, Oregon Laws 1987 The text is set


756 115 No officer, agent or employe of any public

utility, telecommunications utility, railroad, air carrier ormotor carrier shall

1) Fad ur refuse to fill out and return any forms requiredby the commission,

2) Fad or refuse to answer any question therein propounded,

3) Knowingly or wilfully gne a false answer to any suchquestion or evade the answer to any such question where thefact inquired of is within the person' s knowledge

4) Upon proper demand, fad or refuse to exhibit to the

commission or any person authorized to examine the same, am book paper account, record or memorandum of such

public utility telecommunications utility, railroad, air carrieror motor carrier which is in possession or under the control of

the person,

5) Fad to properly use and keep system of accounting orany pan thereof, as prescribed by the commission, or

6) Refuse to do any act or thing in connection with suchsystem of accounting when so directed by the commission oraut horned representative

756 120 [ Repealed by 1971 c 655 § 2501

756. 125 Interference with commis-

sion' s equipment. No person shall destroy, injure or interfere with any apparatus or

appliance owned or operated by or in charge ofthe commission, or any apparatus or appliancesealed by the commission [ Formerly 757 3401

756 130 [ Repealed by 1971 c 655 § 2501

756 140 [ Repealed by 1971 c 655 § 2501

756 150 [ Amended by 1971 c655 § 10, renumbered7560451


756. 160 Enforcement of statutes and

ordinances relating to utilities and carriers. ( 1) The commission shall inquire into anyneglect or violation of any law of this state or anylaw or ordinance of any municipality thereofrelating to public utilities, railroads, air carriersor motor carriers by any public utility, railroad, air carrier or motor carrier doing businesstherein, its officers, agents or employes and shall

enforce all laws of this state relating to publicutilities, railroads, air carriers and motor carriers

and may enforce all such laws and ordinances of amunicipality The commission shall report allviolations of any such laws or ordinances to theAttorney General

2) The Attorney General, district attorney ofeach county, and all state, county and city police

961

officers shall assist the commission in the admin-

istration and enforcement of all laws admin-

istered by the commission, and they, as well asassistants and employes of the commission, shall

inform against and diligently prosecute all persons whom they have reasonable cause to believeguilty of violation of any such laws or of the rules, regulations, orders, decisions or requirements of

the commission made pursuant thereto

3) Upon the request of the commission, the

Attorney General or the district attorney of theproper county shall aid in any investigation,

hearing or trial, and shall institute and prosecuteall necessary suits, actions or proceedings for theenforcement of those laws and ordinancesreferred to in subsection ( 1) of this section

4) Any forfeiture or penalty provided for inany law administered by the commission shall berecovered by an action brought thereon in thename of the State of Oregon in any court ofappropriate Jurisdiction [ Amended by 1971 c 655 § 23,

1973 c 776 § 24)

Note The amendments to 756160 by section 84, chapter 447, Oregon laws 1987, take effect July 1, 1989 Seesection 143, chapter 447, Oregon Laws 1987 ' 1 he text is set

forth for the user's convenience

756 160 ( 1) The commission shall inquire into anyneglect or Natation of any law of this stale or any law orordinance of any municipality thereof relating to public utilities, telecommunications utilities railroads, air carriers nr

motor carriers by any public utility, telecommunicationsutility, railroad, air carrier or motor carrier doing businesstherein its officers, agents or employes and shall enforce all

laws of this state relating to public militics, wlecommumca- trans utilities, railroads, air carriers and motor carriers and

may enforce all such laws and ordinances of a municipalityThe commission shall report all violations of any such laws orordinances to the Attorney General

2) The Attorney General district attorney of eachcounty and all state, county and city police officers shall

assist the commission in the administration and enforcement

of all laws administered by the commission, and they as wellas assistants and emplmes of the commission, shall inform

against and diligently prosecute all persons whom they havereasonable cause to believe guilty of violation of any such lawsor of the rules regulations orders, decisions or requirements

of the commission made pursuant thereto

3) Upon the request of the commission, the Attorney

General or the district attorney of the proper county shall aidin any investigation, hearing or trial and shall institute andprosecute all necessary suits, actions or proceedings for the

enforcement of those laws and ordinances referred to in

subsection ( 1) of this section

4) Any forfeiture or penalty provided for in any lawadministered by the commission shall be recovered by anaction brought thereon to the name of the State of Oregon in

any court of appropriate jurisdiction

756 170 [ Repealed by 1971 e 655 § 2501

SUPERSEDED

756. 180 UTILITIES: RAILROADS AND OTHER CARRIERS

756 180 Enjoining violation of utilitylaws. ( 1) Whenever it appears to the commission

that any public utility, railroad, air carrier, motorcarrier or any other person subject to the jurisdiction of the commission is engaged or about to

engage in any acts or practices which constitute a

violation of any statute administered by the commission, or any rule, regulation, requirement, order, term or condition issued thereunder, the

commission may apply to any circuit court of the

state where such public utility, railroad, air car-

rier, motor carrier or any other person subject tothe jurisdiction of the commission operates forthe enforcement of such statute, rule, regulation,

requirement, order, term or condition

2) Such court, without bond, has jurisdiction

to enforce obedience thereto by injunction, or byother processes, mandatory or otherwise,

restraining such public utility, railroad air car-

rier, motor carrier or any other person subject tothe jurisdiction of the commission, or its officers,

agents, employes and representatives from fur-

ther violations of such statute, rule regulation,

requirement, order, term or condition, and

enjoining upon them obedience thereto

3) The provisions of this section are in

addition to and not in lieu of any other enforcement provisions contained in any statute admin-

istered by the commission [ Amended by 1971 c65524, 1973 c 232 § 5, 1973 c 776 § 251

Note The amendments to 756185 by section 85chapter 447, Oregon Laws 1987, take effect July 1, 1989 Seesection 143, chapter 447, Oregon Laws 1987 ' Phe text is setforth for the user's convenience

756 180 ( 1) Rheneser it appears to the commission

that am public utility telecommunications utility railroad

air carrier motor carrier or any other person subject to thejurisdiction of the commission is engaged or about to engage

in any acts or practices which constitute a violation of any

statute administered by the commission or amp rule regulation requirement, order term or condition issued thereunder

the commission may apply to am circuit court of the state

where such public utility telecommunications utdny, rail-

road au carrier motor carrier or any other person subject to

the jurisdiction of the commission operates for the entorre-

ment of such statute rule, regulation requirement order,

term or condition

2) Such court without bond has jurisdiction to enforce

obedience thereto by injunction, or be other processes mandatory or otherwise restraining such public utility, telecom-

munications utility, railroad air carrier motor carrier or any

other person subject to the jurisdiction of the commission or

its offers agents employes and representati" s from further

i injections of such statute rule regulation requirement order

term or condition, and enjoining upon them obediencethereto

3) The pros ixions of this section are in addition to and

not in lieu of anv other enforcement provisions contained in

any statute administered by the commission

756. 185 Right of patron to recover tre-

ble damages for wrongs and omissions. ( 1)

Any public utility, railroad, air carrier or motorcarrier which does, or causes or permits to be

done, any matter, act or thing prohibited by ORSchapter 756, 757, 758, 760, 761, 763, 764, 767 or

773 or omits to do any act, matter or thingrequired to be done by such statutes, is liable tothe person injured thereby in the amount ofdamages sustained in consequence of such vio-

lation If the party seeking damages alleges andproves that the wrong or omission was the resultof gross negligence or wilful misconduct, the

public utility, railroad, air carrier or motor carrier

is liable to the person injured thereby in treble theamount of damages sustained in consequence ofthe violation If damages are awarded, the court

may also fix and award reasonable attorney feesat trial and on appeal

2) Any recovery under this section does notaffect recovery by the state of the penalty, forfeiture or fine prescribed for such violation

3) This section does not apply with respectto the liability of any public utility, railroad, aircarrier or motor carrier for personal injury orproperty damage [ Former] y 757335 1973 c776 § 26, 1981 r 856 § 1, 1981 c 897 § 104al


chapter 447 Oregon Laws 1987, take effect July 1, 1989 Seesection 143 chapter 447, Oregon Laws 1987 The text is set

forth fur the user s convenience

756 185 ( 1) Any public utility telecommunicationsutility railroad air carrier or motor carrier which does or

causes or permits to be done any matter act or thingprohibited by ORS chapter 756, 757. 758, 760, 761 763 764, 767 773 or sections 1 to 70, chapter 447, Oregon Laws 1987, uromits to do any act matter or thing required to be done bysuch statutes, is liable to the person injured thereby in theamount of damages sustained in consequence of such vnu-

lation If the party seeking damages alleges and proves thatthe wrong or omission was the result of gross negligence orw ilful misconduct, the public utility telecommunicationsold-

ih railroad, air carrier or motor carrier is liable to the person

injured thereby in treble the amount of damages sustained inconsequence of the violation If damages are awarded the

court may also fix and award reasonable attorney fees at trial

and on appeal

2) Any recoiery under this section does not affectrecovery by the state of the penalty forfeiture or fine prescribed for such violation

3) This section does not apply with respect to theInability of any public utility, telecommunications utilityrailroad, air carrier or motor carrier for personal injury orproperty damage

756 190 [ Repealed by 1971 c 655 §2501

756. 200 Effect of utility and carrierlaws on common law and other statutory

4M

SUPERSEDED


rights of action, duties and liabilities. ( 1) The remedies and enforcement procedures pro-

vided in ORS chapters 756, 757, 758, 760, 761,

763, 764, 767 and 773 do not release or waive anyright of action by the state or by any person forany right, penalty or forfeiture which may ariseunder any law of this state or under an ordinanceof any municipality thereof

2) All penalties and forfeiture accruingunder said statutes and ordinances are

cumulative and a suit for and recovery of one, shall not be a bar to the recovery of any otherpenalty

3) The duties and liabilities of the publicutilities, railroads, air carriers and motor carriers

shall be the same as are prescribed by the common law, and the remedies against them the

same, except where otherwise provided by theConstitution or statutes of this state, and the

provisions of ORS chapters 756, 757, 758, 760,

761, 763, 764, 767 and 773 are cumulative thereto

Formerly 760045, 1973 c 776 § 271Note The amendments to 756 200 b) section 87,

chapter 447, Oregon laws 1987, take effect July 1, 1989 Seesection 143 chapter 447 Oregon taws 1987 The text is set


756 200 ( 1) The remedies and enforcement pro-

cedures provided in ORS chapters 756, 757, 758, 760, 761, 763,

764, 767, 773 and sections 1 to 70, chapter 447, Oregon laws

1987 do not release or waive any right of action by the state orb) any person for any right, penalty or forfeiture which mayanse under any law of this state or under an ordinance of anymunicipality thereof

2) All penalties and forfeiture accruing under said statutes and ordinances are cumulative and a suit for end recovery

of one, shall not be a bar to the recovery of any other penalty

3) The duties and liabilities of the public utilities,

telecommunications utilities, railroads, air carriers and motor

earners shall he the same as are prescribed by the commonlaw and the remedies against them the same, except where

otherwise proiided by the Constitution or statutes of thisstate, and the provisions of ORS chapters 756, 757, 758, 760

761, 763, 764, 767, 773 and sections 1 to 70, chapter 447,

Oregon Laws 1987, are cumulative thereto

FUNDS AND FEES

756.305 Public Utility CommissionAccount. ( 1) There hereby is established in theGeneral Fund an account to be known as the

Public Utility Commission Account Except aslimited by ORS 756 360 and 767 640, all moneys, without regard to their sources, credited to the

Public Utility Commission Account hereby areappropriated continuously to the Public UtilityCommission for the payment of any and all of theexpenses of the Public Utility Commission

2) The Public Utility Commission shall keepa record of all moneys deposited in the Public

Utility Commission Account The record shallindicate by separate cumulative accounts thesource from which the moneys are derived and

the individual activity or program against whicheach withdrawal is charged [ 1957c 459 § 1, 1971 c 655

271

756.310 Annual fees payable by railroads and public utilities. ( 1) Subject to theprovisions of subsection ( 3) of this section, each

railroad and public utility shall pay to the commission in each year, such fee as the commission

finds and determines to be necessary, with theamount of all other fees paid or payable to the

commission by such railroads and public utilitiesin the current calendar year, to defray the costs ofperforming the duties imposed by law upon thecommission in respect to such railroads and pub-

lic utilities, respectively, and to pay such amountsas may be necessary to obtain matching funds toimplement the program referred to in ORS

761 205

2) In each calendar year the percentage rate

of the fee required to be paid shall be determined

by orders entered by the commission on or afterMarch 1 of each year, and notice thereof shall be

given to each railroad and public utility Suchrailroad and public utility shall pay to the commission the fee or portion thereof so computedupon the date specified in such notice, which dateshall be at least 15 days after the date of mailingsuch notice

3) The fee payable under subsection ( 1) ofthis section shall not exceed

a) In the case of a railroad, thirty -five hundredths of one percent of such railroad's gross

operating revenues derived within this state inthe preceding calendar year

b) In the case of a public utility, twenty -fivehundredths of one percent of such public utility'sgross operating revenues derived within this statein the preceding calendar year or portion thereof, but in no case shall such fee be less than $ 10

Amended by 1953 c 10 § 2, 1957 c 464 § 1, 1959 c 355 § l, 1961c 109 § 1 1963 c 89 § 1, 1971 c 132 § 1, 1973 c 170 § 1, 1975 c 127

1, 1985 c 293 9 1, 1987 c 439 § 11

Note- The amendments to 756 310 by section 88, chapter 447, Oregon Laws 1987, take effect July 1, 1989 Seesection 143, chapter 447, Oregon Laws 1987 The teat is set


756 310 ( 1) Subject to the provisions of subsection

3) of this section, each railroad, public utility and telecom-

munications utility shall pay to the commission in each year, such fee as the commission finds and determines to be

necessary, with the amount of all other fees paid or payable tothe commission by such railroads, public utilities and telecommunications utilities in the current calendar year, to

963

SUPERSEDED


defray the costs of performing the duties imposed bylaw uponthe car misamn in respect to such railroads public utilities

and telecommunications utilities respectively and to paysuch amounts as ma% be necessary to obtain mauh. ng fundsto implement the program referred to in ORS 761 205

2) In each calendar vear the percentage rate of the fee

required to be paid shall be determined by orders entered bythe commission on or after March 1 of each year, and notice

thereof shall be green to each railroad, public utili ty andtelecommunications utility Such railroad public utility andtelecommunications utility shall pay to the commission thefie or portion thereof so computed upon the date specified in

such notice which dale shall be at least 15 days after the date

of mailing such notice

191 the fee payable under subsection ( 1) of this sectionshall not exceed

a) In the case of a railroad thirty -five hundredths ofone

percent of such railroad' s gross operating revenues dernedwithin this state in the preceding calendar vear

b) In the case of a public utility or telecommun entiunsin iht% twenty - five hundredths of one percent of such public

utiht% s gross operating revenues derived within this state in

the preceding calendar year or portion thereof but in no caseshall such fee be less than $ 10

756. 320 Statements accompanyingfees; audit and refunding by commission. Payment of each fee or portion thereof provided

for in ORS 756 310 shall be accompanied by astatement verified by the railroad or public utilityinvolved, showing its gross operating revenuesupon which such fee or portion thereof is computed This statement shall be in such form anddetail as the commission shall prescribe and shallbe subject to audit by the commission The commission may refund any overpayment of any suchfee in the same manner as other claims andexpenses of the commission are payable as pro-

vided by law

Note ' I he amendments to 756320 by section 89, chapter 447 Oregon Laws 1987 take effect dull 1 1989 Seesection 143 chapter 447 Oregon Laws 1987 The text is setforth for the user s com enience

756320 Payment of each fee or porno thereof

pro%ided for in ORS 756310 shall he accompanied by astatement %erified by the railroad public utility or telecommunications utility invol%ed, showing its gross operatingrevenues upon which such fee or portion thereof is computed

Phis statement shall be in such form and detail as the

commission shall prescribe and shall be subject to audit by the

commission ' I he commission may refund any o%erpay ment ofany such fee in the same manner as other claims and expenses

of the commission are payable as pro, ided by law

756. 325 Distribution of informationfiled with commission. ( 1) The commission

may by rule prescribe for the free distribution forpublic information or educational purposes or

applicable charge for any blank forms, transcript, document, order, statistical data or publication

prepared by and on file in the office of thecommission In no event shall the fee exceed the

cost of preparing, reproducing and distributingsuch blank forms, transcript, document, order, statistical data or publication

2) In the ordinary course of distribution, nofee shall be charged or collected for copies ofpublished documents furnished to public officers

for use in their official capacity, or for annualreports of the commission ( 1971 c 655 § 281


756 340 lRepealed by 1971 c 655 112501

756. 350 Penalty for failure to pay fees; action to collect unpaid fees and penalties.

Every person who fails to pay any fees providedfor in ORS 756 310 or 756 320 after they are dueand payable shall, in addition to such fees, pay apenalty of two percent of such fees for each andevery month or fraction thereof that they remainunpaid If, in the judgment of the commission,

action is necessary to collect any unpaid fees orpenalties, the commission shall bring such actionor take such proceedings as may be necessarythereon in the name of the State of Oregon in anycourt of competent jurisdiction, and be entitled torecover all costs and disbursements incurred

therein [ Amended b% 1971 c 655 § 291

756. 360 Disposal and use of fees andpenalties collected. All fees, fines, penalties

and other moneys collected by the commissionunder ORS 756 310, 756 320, 756 350, 758 015, 758 400 to 758 475 and 773 060 shall be paid bythe commission into the State Treasury within30 days after the collection thereof, and shall beplaced by the State Treasurer to the credit of thePublic Utility Commission Account and the fees, fines, penalties and other moneys collected from

1) Railroads shall be used only for the purpose of paying the expenses of the commission inperforming the duties imposed by law upon thecommission in respect to railroads, and for the

purpose of paying the expenses of the Office ofthe Governor for its responsibilities in administering energy conservation and allocation programs

2) Utilities shall be used only for the purposeof paying the expenses of the commission inperforming the duties imposed by law upon thecommission in respect to utilities, and for the

purpose of paying the expenses of the Office ofthe Governor for its responsibilities in admin-

istering energy conservation and allocation programs

3) Air carriers shall be used only for thepurpose ofpaying the expenses of the commission

964

SUPERSEDED


in performing the duties imposed by law upon thecommission in respect to air carriers, and for the

purpose of paying the expenses of the Office ofthe Governor for its responsibilities in admin-

istering energy conservation and allocation programs [ Amended b) 1957 c 459 § 7, 1967 c 164 § 3, 1971 c 655

30, 1973 c 776 § 28, 1974 s a c 59 § 11

Note The amendments to 756 360 by section 90, chapter 447, Oregon Laws 1987, take effect July 1, 1989 See

section 143, chapter 447, Oregon Laws 1987 The text is setforth for the user' s convenience

756 360 All fees, tines penalties and other moneys

collected by the commission under ORS 756310, 756320

756 350 758 015. 758 400 to 758 475, sections 1 to 70, chapter

447 Oregon Laws 1987, and 773060 shall be paid by the

commission into the State Treasury within 30 days after thecollection thereof, and shall be placed b) the State Treasurer

to the credit of the Public Utility Commission Account andthe fees fines, penalties and other moneys collected from

1) Railroads shall be used only for the purpose ofpaying

the expenses of the commission in performing the dutiesimposed by law upon the commission in respect to railroads,

and for the purpose of paying the expenses of the Office of theGovernor for its responsibilities in administering energy con - sen at ion and allocation programs

2) Public utilities shall be used only for the purpose of

pa) mg the expenses of the commission in performing theduties imposed by law upon the commission in respect toutilities, and for the purpose of paying the expenses of theOffice of the Governor for its responsibilities in administering

energy conservation and allocation programs

3) Air carriers shall be used only for the purpose ofpaying the expenses of the commission in performing theduties imposed b) law upon the commission in respect to air

carriers, and for the purpose of paying the expenses of the

Office of the Governor for its responsibilities in administering

energy consen ation and allocation programs

4) Telecommunications utilities shall be used only for

the purpose of paying the expenses of the commission in

performing the duties imposed by law upon the commission inrespect to telecommunications utilities, and for the purpose of

paying the expenses of the Office of the Governor for itsresponsibilities in administering energy conservation and

allocation programs

TRANSPORTATION COMPANYREGULATIONS

756 370 ( Formerly 757 065, repealed by 1983 c 40 § 11

756 375 [ Formerly 757 070, repealed by 1983 c40 §11

756. 380 Definitions for ORS 756.385and 756.390. As used in ORS 756 385 and756 390, the following terms have the followingmeanings

1) " Agency" means any place provided by acommon carrier for the accommodation of the

public in the receipt, delivery, billing or routing offreight, or in the loading or discharge of pas-

sengers, at which an agent is provided to serve thepublic

2) " Agent" means the person in charge of the

transaction of business with the public at any

station or agency

3) " Common carrier" means any railroad asdefined in ORS 760 005, and any common carrierby motor vehicle as defined in ORS 767 005Formed 757 0801

756. 385 Common carrier not to abandon agencies or withdraw agent without

approval of commission. No common carriershall abandon any of its agencies, or withdraw theagent therefrom, without the prior written

authority of the Public Utility Commission Ifthe primary business of the agent or agency is notthat of a common carrier, the loss of the use ofsuch agent or agency without the fault of thecarrier shall not be considered a violation of thissection, provided that the earner shall give to thecommission notice of such loss immediately uponbeing informed thereof and secure another agentor agency within a reasonable period of timeFormerly 757 085]

756. 390 Petitioning commission forauthority to abandon agency or withdraw

agent. ( 1) Any common carrier may petition thePublic Utility Commission for authority to abandon any agency or to withdraw the agent from anagency

2) Upon receipt of a petition to abandon orwithdraw under this section, the Public UtilityCommission shall give written notice of the peti-

tion to all known current customers of such

agency If the petition requests authority to abandon or withdraw any agency or agent involved intransportation services using motor busses, thecommission shall provide notice of the petition

for authority and of rights to protest by publication in addition to any written notice required bythis subsection When notice by publication isrequired under this subsection, such notice must

be published in a newspaper of general circulation

in the county where the affected agency islocated

3) If any customer files with the commissiona written protest to the abandonment of the

agency or the withdrawal of the agent therefromwithin 30 days from the date written notice isgiven, the commission shall schedule a hearing tobe held within 30 days from the filing of suchprotest If notice by publication is required undersubsection ( 2) of this section then protest may befiled, as provided under this subsection, within 30days after the written notice or published notice,

whichever is later

965

SUPERSEDED


4) If a hearing is provided under this section, the hearing shall be held at some convenient placein the county in which such agency is located

5) Where a common carrier seeks to movethe location of its agent or agency from one pointwithin a city to another point within such city thecommission may approve such move without a

hearing [ Formerly 757 090, 1983 c 78 § 11

DECLARATORY RULINGS

756 400 11971 c 655 § 31 repealed by 1983 c 540 § 10]

756 410 [ 1971 c 655 § 32 1977 c 253 § 1 repealed by1983 c 540 § 10]

756 420 [ 1971 t 655 §33, repealed b} 1983 c 540 § 10]

756 430 11971 c 655 §34, repealed by 1983 c 540 § 101

756 440 11971 c 655 §35, repealed by 1983 c 540 § 101

756.450 Declaratory rulings. On petition of any interested person, the commissionmay issue a declaratory ruling with respect to theapplicability to any person, property, or state offacts of any rule or statute enforceable by thecommission A declaratory ruling is bindingbetween the commission and the petitioner onthe state of facts alleged, unless it is modified, vacated or set aside by a court However, thecommission may review the ruling and modify, vacate or set it aside if requested by the petitioneror other party to the proceeding Binding rulingsprovided by this section are subject to review inthe circuit court in the manner provided in ORS

756 580 for the review of orders [ 1971 c 6,55 § 361

COMPLAINT AND INVESTIGATIONPROCEDURE

756. 500 Complaint; persons entitled tofile; contents; amendments. ( 1) Any personmay file a complaint before the commission, orthe commission may, on the commission' s owninitiative, file such complaint The complaintshall be against any person whose business oractivities are regulated by some one or more ofthe statutes, jurisdiction for the enforcement orregulation of which is conferred upon the com-

mission The person filing the complaint shall beknown as the complainant and the person against

whom the complaint is filed shall be known as thedefendant

2) It is not necessary that a complainanthave a pecuniary interest in the matter in controversy or in the matter complained of, but thecommission shall not grant any order of repara-

tion to any person not a party to the proceedingsin which such reparation order is made

3) The complaint shall state all grounds ofcomplaint on which the complainant seeks relief

or the violation of any law claimed to have beencommitted by the defendant, and the prayer ofthe complaint shall pray for the relief to whichthe complainant claims the complainant is

entitled

4) The complaint may, at any time beforethe completion of taking of evidence, be amendedby order of the commission However, if a chargenot contained in the original complaint or a prior

amended complaint is sought to be made by anysuch amendment, the defendant shall be given areasonable time to investigate the new charge and

answer the amended complaint The final hearingshall, if necessary, be continued until some dateafter the defendant has had a reasonable time toinvestigate and be prepared to meet the amendedcomplaint

5) Notwithstanding subsection ( 1) of thissection, any public utility, railroad or motor car-

rier may make complaint as to any matter affecting its own rates or service with like effect asthough made by any other person, by filing anapplication, petition or complaint with the com-

mission [ Formerly 756 520

Note The amendments to 756 500 by section 91, chapter 447, Oregon laws 1987, take effect July 1, 1989 Seesection 143, chapter 447, Oregon laws 1987 The text is setforth for the user' s convenience

756 500 ( 1) Any person may file a complaint beforethe commission, or the commission ma}, on the commission' s

own initiative, file such complaint The complaint shall be

against any person whose business or activities are regulatedby some one or more of the statutes jurisdiction for theenforcement or regulation of which is conferred upon the

commission The person filing the complaint shall be knownas, the complainant and the person against whom the com-

plaint is filed shall be known as the defendant

2) It is not necessary that a complainant hai e a pecum-

ary interest in the matter in controversy or in the mattercomplained of but the commission shall not grant any orderof reparation to any person not a party to the proceedings inwhich such reparation order is made

3) The complaint shall state all grounds of complaint on

which the complainant seeks relief or the violation of any lawclaimed to have been committed by the defendant, and theprayer of the complaint shall pray for the relief to which thecomplainant claims the complainant is entitled

4) The complaint may, at any time before the completion of taking of evidence, be amended by order of thecommission However, if a charge not contained in the original complaint or a prior amended complaint is sought to be

made by any such amendment, the defendant shall be gn en areasonable time to investigate the new charge and answer the

amended complaint The final hearing shall, if necessary, becontinued until some date after the defendant has had a

reasonable time to investigate and be prepared to meet theamended complaint

5) Notwithstanding subsection ( 1) of this section, anypublic utility, telecommunications utility, railroad or motor

966

SUPERSEDED


carrier may make complaint as to any matter affecting its ownrates or service with like effect as though made by any otherperson, by filing an application, petition or complaint with thecommission

756 505 [ Repealed by 1971 c 655 § 2501


756 518)

756.512 Notice of complaint to defen-

dant; responsive pleadings; setting causefor hearing. ( 1) The commission shall serve acopy of the complaint upon the defendant, andshall give the defendant at least 10 days within

which to respond to the complaint Within thetime so fixed, or such further time as the commission shall fix, the defendant shall file an answer to

the complaint, taking issue on such parts of thecomplaint as the defendant desires and settingforth such additional matter as shall be pertinent

to the matter in controversy Such additionalmatter shall be deemed denied without the filingof any other pleading by the complainant Afterthe filing of the answer the commission shall setthe matter for hearing, giving the defendant atleast 10 days' written notice of the time and place

of the hearing, unless the commission for goodreason stated in the notice, fixes a shorter time

Amendment of any answer may be permitted byorder of the commission

2) If the defendant fails to file a responsive

pleading or otherwise appear within the timeprescribed in subsection ( 1) of this section, or if

the responsive pleading filed raises no issue of lawor fact, the commission may act on the complaintwithout a hearing [ Formerly 756 5301

756. 515 Investigations and hearingson commission' s own motion; hearings foraggrieved persons. ( 1) Whenever the commis-

sion believes that any rate may be unreasonableor unjustly discriminatory, or that any service isunsafe or inadequate, or is not afforded, or that an

investigation of any matter relating to any publicutility, railroad, air carrier, motor carrier or other

person should be made, or relating to any personto determine if such person is subject to the

commission' s regulatory jurisdiction, the commission may on motion summarily investigate

any such matter, with or without notice

2) If after making such investigation thecommission is satisfied that sufficient grounds

exist to warrant a hearing being ordered upon anysuch matter, the commission shall furnish anypublic utility, railroad, air earner, motor carrier

or other person interested a statement notifying

it of the matters under investigation, which state-

ment shall be accompanied by a notice fixing thetime and place for hearing upon such matters in

the manner provided in ORS 756 512 for notice ofcomplaint

3) Thereafter proceedings shall be had andconducted in reference to the matters investi-

gated in like manner as though complaint hadbeen filed with the commission relative thereto,

and the same orders may be made in referencethereto as if such investigation had been made oncomplaint

4) Except as provided in ORS 761 120 ( 1),

the commission may, after making an investigation on the commission' s motion, but without

notice or hearing, make such findings and ordersas the commission deems justified or required bythe results of such investigation Except as provided in subsections ( 5) and ( 6) of this sectionsuch findings and orders have the same legal forceand effect as any other finding or order of thecommission

5) In addition to any other remedy providedby law, any party aggrieved by an order enteredpursuant to subsection ( 4) of this section mayrequest the commission to hold a hearing todetermine whether the order should continue in

effect Any such request for hearing shall besubmitted to the commission not later than 15days after the date of service of the order, and thecommission shall hold the hearing not later than60 days after receipt ofsuch a request for hearing

6) Except as provided in subsection ( 7) ofthis section, if the commission receives a request

for hearing pursuant to subsection ( 5) of thissection, the order is suspended pending the outcome of the hearing unless the commission findsthat the order is necessary for the public health orsafety or to prevent the dissipation of assets of abusiness or activity subject to the commission' sregulatory jurisdiction

7) If the commission receives a request for a

hearing under subsection ( 5) of this section for anorder issued tinder ORS 761415, 761994, 767 457or 767 993 or a rule adopted under those sections,

the order shall be suspended pending the outcomeof the hearing unless the commission finds thatthe order is necessary to protect the public health, safety or environment or to prevent the dissipation of assets of a business or activity subject tothe commission's regulatory authority [ Formerly757 515, 1973 c 776 § 29, 1975 c 318 § 1, 1983 c 703 § 181

Note The amendments to 756 515 by section 92, chapter 447, Oregon Laws 1987, take effect Julv 1, 1989 See

section 143, chapter 447, Oregon Laws 1987 The text is setforth for the user' s convenience

756 515 ( 1) Whenever the commission behe" s that

any rate may be unreasonable or unjustly discriminatory, orthat any service is unsafe or inadequate, or is not afforded, or

967

SUPERSEDED


that an imestigation of an) matter relating to anN publicutility, telecommunications utility, railroad air carrier, motor

carrier or other person should be made, or relating to anvperson to determine if such person is subject to the commis-

sion' s regulator} ,jurisdiction the commission may on motionsummarily investigate an} such matter with or without

notice

2) If after making such investigation the commission is

satisfied that sufficient grounds exist to warrant a hearingbeing ordered upon am such matter the commission shall

furnish anv public utiht}, telecommunications utility rail. road air carrier motor carrier or other person interested a

statement notifying it of the matters under investigation,

which statement shall be accompanied by a notice fixing thetime and place for hearing upon such matters in the mannerprov ided in ORS 756 512 for notice of complaint

3) Thereafter proceedings shall he had and conducted in

reference to the matters investigated in like manner as though

complaint had been filed with the commission relative

thereto and the same orders may be made in reference theretoas if such investigation had been made on complaint

4) Except as provided in ORS 761 120 ( 1) the cummiS-

sion may after making an investigation on the commission' s

motion, but without notice or hearing make such findings andorders as the commission deems justified or required by theresults of such investigation Except as provided in subsec-

tions ( 5) and (6) of this section such findings and orders have

the same legal force and effect as any other finding or order ofthe commission

5) In addition to any other remedy provided by law, anyparts aggrieved by an order entered pursuant to subsection ( 4)

of this section ni request the commission to hold a hearing

to determine w hether the order should continue in effect Anjsuch request for hearing shall be submitted to the commissionnot later than l3 dat s after the date of sen ice of the order and

the commission shall hold the hearing not later than 60 daysafter receipt of such a request for hearing

6) Except as provided in subsection ( 7) of this section if

the commission receives a request for hearing pursuant tosubsection ( 5) of this section, the order is suspended pendingthe outcome of the hearing unless the commission finds that

the order is necessary for the public health or safety or toprevent the dissipation of assets of a business or activn}

subject to the commission' s regulaton jurisdiction

7) If the commission receives a request for a hearingunder subsection ( 5) of this section for an order issued under

ORS 761 415 761994, 767 457 or 767 993 or a rule adopted

under those sections the order shall be suspended pending theoutcome of the hearing unless the commission finds that the

order is necessary to protect the public health, safety orenvironment or to prevent the dissipation of assets of a

business or actnitN subject to the commission' s regulatoryauthonti

HEARING PROCEDURE

756. 518 Application to all hearings, orders and judicial review. Except as otherwise provided the provisions of ORS 756 500 to

756 610 apply to and govern all hearings upon anymatter or issue coming before the commission

under any statute administered by the commission, whether instituted on the application, peti-

tion or complaint of others or initiated by thecommission, together with the orders of the com-

mission therein and the review thereof in the

courts lFormerl} 7565101

756.519 Representation by nonattorneys in transportation matters. (1) Notwith-

standing ORS 9 320, an individual who is not anattorney may represent that individual or otherpersons who consent to such representation at

any proceeding before the commission involvingthe regulation of transportation matters pursuant

to ORS chapter 767

2) Notwithstanding ORS 9 320, an individual who is not an attorney may represent thatindividual or labor organizations, railroads, motor carriers or government agencies who con-

sent to such representation in any proceedingbefore the commission involving the regulation oftransportation matters pursuant to ORS chapters 760, 761 and 763

3) Any compromises, agreements, admis- sions, stipulations, statements of fact or other

such action taken by the representative at anysuch proceeding is binding on those representedto the same extent as if done by an attorney Aperson so represented may not thereafter claim

that any such proceeding was legally defectivebecause the person was not represented by anattorney

4) As used in this section, "attorney" has themeaning for that term provided in ORS 9 005, 1977 c 424 § 2, 1985 c. 59 § 11

756 520 [ Amended bi 1971 c 655 § 37, renumbered

756 ,5001

756.521 Public hearings; record

required; furnishing transcripts. All hearings shall be open to the public and may be hadbefore the commission, an examiner or any otherperson authorized to hold such hearing A fullrecord thereof shall be kept However, it shall not

be necessary to transcribe testimony unlessrequested For purposes of rehearing, reconsideration or court review, a transcription shall be

made at the commission' s expense, and copies of

such transcription shall be supplied to the par-

ties, at cost A copy of the transcript shall besupplied to a party without cost upon the filingwith the commission of a satisfactory affidavit ofindigency 1197106,5,5§ 41]

756. 525 Parties to proceedings. ( 1) The

commission may permit any person to become aparty who might, on the institution of the pro-

ceeding, have been such a party, if application

968

SUPERSEDED


therefor is made before the final taking of evi-

dence in the proceeding

2) At any time before the final taking ofevidence in a proceeding, any person may applyto the commission for permission to appear andparticipate in the proceeding The commissionshall determine the interest of the applicant in

the proceeding and shall grant the application, subject to appropriate conditions, if the commission determines that such appearance and participation will not unreasonably broaden theissues or burden the record, and otherwise may

deny the application3) This section does not apply to any person

who might have been an original party in a

proceeding before the commission if that personis required by statute to file a pleading or otherresponse in the proceeding within a specifiedtime 11971 c 655 § 421

756. 528 Segregation of issues; interimorders. At any time before the conclusion of thetaking of evidence in a proceeding, the commission may segregate the issues involved and orderseparate hearings thereon at such times andplaces as the commission may prescribe Thecommission may issue interim orders on any suchissues, but any such interim order is subject tojudicial review in the manner prescribed in ORS756 580 to 756 610 without awaiting determination of any of the other issues involved in theproceeding Failure to seek judicial review of aninterim order does not waive the right to seek

such review following final order 11971 c 655 § 431756 530 [ Amended by 1971 c 655 § 38 renumbered

7565121

756. 534 Place of hearings; continuation. Except as provided in ORS 756 040 ( 4), the

hearing may be held at any place designated bythe commission within this state, or differentparts of the hearing may be held at differentplaces in this state, as shall be designated by thecommission The hearing may be continued fromtime to time and place to place as ordered and

fixed by the commission [ Formerly 756 5601756.538 Taking, use of depositions. ( 1)

In any investigation, the commission may takethe testimony of any person by deposition uponoral examination or written interrogatories forthe purpose of discovery or for use in the investigation

2) In any proceeding requiring a hearing, thecommission or any party to the proceeding maytake the testimony of any person by depositionupon oral examination or written interrogatories

for the purpose of discovery or for use as evidencein the proceeding, or for both purposes

3) Depositions may be taken within or without the State of Oregon by the commission, orany other person authorized to administer oaths, in accordance with procedures prescribed by therules of the commission

4) The commission shall promulgate rules

concerning the manner of applying for and takingdepositions and the use thereof Such rules shallprovide reasonable provisions against abuse ofsuch procedure and for protection of the rights ofall persons affected 11971 c 655 § 451

756 540 ( Repealed by 1971 c 655 § 2501

756.543 Issuance of subpenas; failureto comply. ( 1) The commission shall issue sub - penas to any party to a proceeding before thecommission upon request and proper showing of

the general relevance and reasonable scope of theevidence sought Witnesses appearing pursuant

to subpena, other than the parties or their officersor employes, or employes of the commission, shallreceive fees and mileage as prescribed by law forwitnesses in civil actions If the commission certifies that the testimony of a witness was relevant

and material, any person who paid fees andmileage to that witness shall be reimbursed by thecommission and from moneys referred to in ORS756 360 and 767 630, subject to the limitationsprovided in those sections and in ORS 767 640

2) If any person fails to comply with anysubpena so issued or any party or witness refuses

to testify on any matters on which the personmay be lawfully interrogated, the judge of thecircuit court of any county, on the application ofthe commission, or of the party requesting theissuance of the subpena, shall compel obedience

by proceedings for contempt as in the case ofdisobedience of the requirements of a subpena

issued from such court or a refusal to testifytherein [ 1971 c 655 § 46, 1983 c 540 §21

756. 549 Self - incrimination of witnesses in commission' s proceedings. ( 1) Noperson shall be excused from testifying or fromproducing evidence in any proceeding held by thecommission on the ground that the testimony orevidence required of the person may tend toincriminate the person or subject the person toprosecution, penalty or forfeiture if

a) The person has been directed by thecommission to testify or produce evidence underoath,

b) The person claims, at the time the person

is directed by the commission to testify or produce evidence, that the testimony or evidence

required of the person may tend to incriminatethe person or subject the person to prosecution, penalty or forfeiture, and

969

SUPERSEDED


c) The commission specifically grants theperson Immunity from prosecution, penalty orforfeiture regarding those matters about whichthe person testifies or produces evidence asdirected

2) Except for prosecution and punishmentfor penury, no person who testifies or producesevidence in accordance with subsection ( 1) of this

section shall be prosecuted or subjected to anypenalty or forfeiture concerning any matter aboutwhich the person so testified or produced evidence 11971 c 655 § 471

756 550 [ Amended b} 1957 c 599 § 1, 1971 c 655 § 50, renumbered 756 5581

756 552 Self- incrimination of witnesses in court proceedings. No person shallbe excused from testifying or from producingbooks and papers in any court proceeding basedupon or growing out of any violation of thestatutes listed in ORS 756 185 on the ground orfor the reason that the testimony or evidence, documentary or otherwise, required of the personmay tend to incriminate the person or subject theperson to penalty or forfeiture, but no personhaving so testified shall be prosecuted or sub - jected to any penalty or forfeiture for, or onaccount of, any transaction, matter or thing concerning which the person may have testified orproduced any documentary evidence However, no person shall be exempted from prosecution orpunishment for penury while so testifying Theimmunity conferred by this section shall extendonly to a natural person who, in obedience to asubpena, gives testimony under oath or producesevidence, documentary or otherwise, under oathFormerly 757 5901

756.555 Powers of commission at hearings. The commission may administer oaths, certify to official acts, issue notices in the name ofthe commission, issue subpenas, compel theattendance of witnesses and the production of

books, accounts, papers, records, documents andtestimony, and take and receive testimony, conduct hearings and investigations, whether uponcomplaint or upon the commission' s own motion1Formerly 757 5551

756. 558 Taking of evidence; findings; issuance of orders; providing copies oforders. ( 1) At the conclusion of the taking ofevidence, the commission shall declare the takingof evidence concluded Thereafter no additionalevidence shall be received except upon the order

of the commission and a reasonable opportunityof the parties to examine any witnesses withreference to the additional evidence and otherwise rebut and meet such additional evidence

2) After the completion of the taking ofevidence, and within a reasonable time, the com-

mission shall prepare and enter findings of fact

and conclusions of law upon the evidence receivedin the matter and shall make and enter the orderof the commission thereon The findings of fact

and conclusions of law may be embodied in thesame instrument with the order or may beembodied in a separate instrument The findingsof fact, conclusions of law and order thereon shallbe signed by the commission The order shallstate the date it becomes effective A copy of thefindings of fact and conclusions of law and a copyof the order shall, forthwith upon the entry of thesame, be served upon each of the parties to theproceeding

3) Upon application of any person, the commission shall furnish certified copies, under theseal of any order made by the commission [ For- merly 756 5501

756 560 [ Amended by 1971 c 655 § 44 renumbered7565341

756. 561 Rehearing; reconsideration. 1) After an order has been made by the commis-

sion in any proceeding, any party thereto mayapply for rehearing or reconsideration thereofwithin 60 days from the date of service of suchorder The commission may grant such a rehearing or reconsideration if sufficient reason therefor is made to appear

2) No such application shall excuse anyparty against whom an order has been made bythe commission from complying therewith, noroperate in any manner to stay or postpone theenforcement thereof without the special order ofthe commission

3) If a rehearing is granted, the proceedingsthereupon shall conform as nearly as possible tothe proceedings in an original hearing, except asthe commission otherwise may direct If in thejudgment of the commission, after such rehearingand the consideration of all facts, including thosearising since the former hearing, the originalorder is in any respect unjust or unwarranted, the

commission may reverse, change or modify thesame accordingly Any order made after suchrehearing, reversing, changing or modifying theoriginal determination is subject to the sameprovisions as an original order [ Formerly 756 570]

756. 565 Prima facie effect of commission' s actions. All rates, tariffs, classifications, regulations, practices and service fixed, approved

or prescribed by the commission and any ordermade or entered upon any matter within thejurisdiction of the commission shall be in forceand shall be prima facie lawful and reasonable,

SUPERSEDED


until found otherwise in a proceeding brought forthat purpose under ORS 756 580 to 756 610Formerly 760 5751

756.568 Rescission, suspension andamendment of orders. The commission may

at any time, upon notice to the public utility, railroad, air carrier or motor carrier and after

opportunity to be heard as provided in ORS756 500 to 756 610, rescind, suspend or amend

any order made by the commission Copies of thesame shall be served and take effect as provided inORS 756 558 for original orders [ Formed) 757 540, 1973 c 776 § i0l

Note The amendments to 756 568 b) section 92a, chapter 447, Oregon Laws 1987, take effect July 1, 1989 Seesection 143, chapter 447 Oregon Laws 1987 The text m setforth for the user' s convenience

756 568 The commission may at any time, upon

notice to the public utility, telecommunications utilit), railroad, air carrier or motor carrier and after opportunity to beheard as provided in ORS 756 500 to 756 610, rescind, sus-

pend or amend any order made b) the commission Copies ofthe same shall be sen ed and take effect as pros ided in ORS756 558 for original orders


7565611

756. 572 Orders binding on successorsin interest. ( 1) An order of the commissionissued in accordance with the provisions of ORSchapters 756, 757, 758, 760, 761, 763, 764, 767 and773 is binding upon the successors in interest ofeach person affected thereby, until set aside, rescinded, suspended or modified as provided bylaw

2) Any investigation, hearing or other proceeding involving the issuance of an order of thecommission that has not been finally determinedwhen a transfer of any interests of a person is

effected may be continued and finally determined, notwithstanding any such transfer ofinterest Any order issued in such investigation, hearing or other proceeding is binding upon thesuccessors in interest [ 1971 c 655 § 54, 1973 c 776 § 31]

Note The amendments to 756 572 by section 93, chapter 447 Oregon laws 1987, take effect July 1, 1989 Seesection 143, chapter 447, Oregon Laws 1987 The text is set

forth for the user's convenience

756 572 ( 1) An order of the commission issued in

accordance with the pro%isions of ORS chapters 756, 757, 758,

760, 761, 763, 764, 767, 773 and sections 1 to 70, chapter 447, Oregon Laws 1987, is binding upon the successors in interestof each person affected thereby, until set aside, rescinded, suspended or modified as provided by law

2) Any investigation, hearing or other proceeding

involving the issuance of an order of the commission that hasnot been finall) determined when a transfer of any interests of

a person is effected may be continued and finall) determined,

notwithstanding any such transfer of interest Any orderissued in such investigation hearing or other proceeding is

binding upon the successors in interest

756.575 Notice of acceptance of termsof orders. The commission may provide by rulethat any public utility, railroad, air carrier ormotor carrier affected by any order shall within atime to be fixed by the commission, notify thecommission whether the terms of the order are

accepted and will be obeyed [ 1971 c655 § 55, 1973

c 776 § 321

Note The amendments to 756 575 by section 94, chapter 447, Oregon Laws 1987, take effect July 1, 1989 Seesection 143, chapter 447 Oregon Laws 1987 fhe text is set

forth for the user's comemence

756 575 The commission ma) provide by rule that

any public utility telecommunications utility railroad, aircarrier or motor carrier affected by any order shall within a

time to be fixed by the commission, notify the commissionwhether the terms of the order are accepted and will beobeyed

756. 580 Suits to set aside findings andorder of commission. ( 1) A party to anyproceeding before the commission, whenaggrieved by any findings of fact, conclusions oflaw or order, including the dismissal of any complaint or application by the commission, mayprosecute a suit against the commission to mod-

ify, vacate or set aside such findings of fact, conclusions of law or order

2) Such suit may be commenced by anyparty so aggrieved in the Circuit Court for Mar- ion County, in the circuit court for the county inwhich any hearing has been held in the proceeding in which the order was made, or in the circuitcourt for the county in which is located theprincipal office of any defendant in any suchproceeding before the commission, and jurisdiction of any such suit hereby is conferred upon thecircuit court for any of such counties to hear anddetermine such suit

3) In such suit, a copy of the complaint shallbe served with the summons The commissionshall serve and file an answer to such complaintwithin 10 days after the service thereof, whereupon the suit shall be at issue and stand ready fortrial upon 10 days' notice by either party All suitsbrought under this section shall have precedence

over any civil cause of a different nature pendingin the court, and the circuit court always shall beopen for the trial thereof

4) Unless application is made for rehearingor reconsideration of the order, any such suitmust be commenced within 60 days after the dateof service of the order in the proceeding before thecommission If application for rehearing or rec-

971

SUPERSEDED


onsideration is made, such suit must be commenced within 60 days after the date of service ofthe order denying rehearing or reconsideration orthe date of service of the new order if rehearing orreconsideration is granted If an order granting ordenying an application for rehearing or reconsideration has not been made by the 60th dayafter the filing of the application, an order denying the application shall be considered served onthe 61st day after such filing

5) Application for rehearing or reconsideration need not be made as a condition of judicialreview [ Amended by 1971 c 655 § 56]

756. 585 Transmittal of record; shortening of record; costs. Whenever any complaint is served upon the commission under ORS

756 580, the commission, within 30 days afterservice of the complaint, or within such further

time as the court may allow, shall transmit to thereviewing court the original or a certified copy ofthe entire record of the proceeding under review, but by stipulation of all parties to the reviewproceeding, less than the full record may betransmitted Any party unreasonably refusing tostipulate to limit the record may be taxed by thecourt for the additional costs The court mayrequire or permit subsequent corrections or addi-

tions to the record when deemed desirableExcept as specifically provided in this section, the cost of the record shall not be taxed to thecomplainant or any intervening party f197 c 655

571

756. 590 Suspending order until disposition of suit. After the commencement of a

suit under ORS 756 580, the circuit court may, forcause shown, upon application to the circuit court

or presiding judge thereof, and upon notice to the

commission and hearing, suspend or stay theoperation of the order of the commission complained of until the final disposition of such suit,

upon the giving of such bond or other security, orupon such conditions as the court may requireSuch bond shall be executed in favor of thecommission for the benefit of whom it may concern and may be enforced by the commission, orany person interested, in an appropriate proceed-

ing [ Amended by 1971 c 655 § 561

756. 594 Burden of proof. In any suitreferred to in ORS 756 580, the burden of proof isupon the party seeking to modify, vacate or setaside findings of fact, conclusions of law or theorder to show by clear and satisfactory evidencethat the order is unreasonable or unlawful ps71c 655 § 591

756.598 Scope of court review of order. 1) Court review of any findings of fact, conclu-

sions of law or order referred to in ORS 756 580, shall be conducted by the court without a jury, but the court shall not substitute Its judgment forthat of the commission as to any finding of factsupported by substantial evidence The reviewshall be confined to the record and no additionalevidence shall be received except as provided inORS 756 600 or except to show alleged irreg- ularities in procedure before the commission notshown In the record The court may affirm, modify, reverse or remand the order

2) Errors in procedure shall not be cause forreversal or remand unless the court finds thatsubstantial rights of the plaintiff were prejudicedthereby In the case of a modification or reversalthe court shall make special findings of fact basedupon evidence in the record and conclusions oflaw Indicating clearly all respects in which thecommission' s order is erroneous f197 c655 § 60, 1979 c 284 § 1971

756.600 Procedure when new evidenceintroduced in suit to set aside order. ( 1) If, upon the trial of a suit, application is made to thecourt for leave to present additional evidence, andit is shown to the satisfaction of the court that theadditional evidence is material and that there

were good and substantial reasons for failure to

present it in the proceeding before the commission, the court may order that the additionalevidence be taken by the commission and shallstay further proceedings in the suit for such timeas the court considers appropriate

2) Upon taking such evidence the commission shall consider it and may alter, modify, amend or rescind the order in the proceeding orthe findings of fact and conclusions of law withreference thereto The commission shall reportaction on such additional evidence to such court

within such time as the court may provide andwith such report shall transmit the evidence sotaken, unless the commission has rescinded theorder

3) If the commission rescinds the ordercomplained of, the suit shall be dismissed If thecommission alters, modifies or amends the order,

findings of fact or conclusions of law, suchaltered, modified or amended order, findings of

fact or conclusions of law shall take the place ofthe original, and the judgment or decree shall berendered in the suit as though the order, findingsof fact or conclusions of law as so changed hadbeen made in the first instance If the originalorder, findings of fact or conclusions of law arenot rescinded or changed by the commission, judgment or decree shall be rendered upon theoriginal order, findings of fact or conclusions oflaw [ amended by 1971 c 655 § 611

972

SUPERSEDED


756. 610 Appeal to Court of Appeals. ( 1) Any party to a suit brought under ORS 756 580, within 30 days after the entry of the judgment ordecree of the circuit court, may appeal to theCourt of Appeals Where an appeal is taken thecause shall, on the return of the papers to the

Court of Appeals, Immediately be placed on thecalendar of the then pending term and shall beassigned and brought to a hearing in the samemanner as other causes on the calendar, but shallhave precedence over civil causes of a differentnature pending in the Court of Appeals

2) A judgment or decree of the Court ofAppeals may be reviewed in the manner providedin ORS 2 520 [ Amended by 1971 c 655 § 621

PENALTIES

756.990 Penalties. ( 1) Any public utility, railroad, air carrier or motor carrier that fails tocomply with an order or subpena issued pursuantto ORS 756 090 shall forfeit, for each day it sofails, a sum of not less than $ 50 nor more than

500

2) Except where a penalty is otherwise provided by law, any public utility, railroad, aircarrier, motor carrier or any other person subject

to the jurisdiction of the commission shall forfeita sum of not less than $ 100 nor more than $10,000for each time that the person

a) Violates any statute administered by thecommission,

b) Does any act prohibited, or fails to perform any duty enjoined upon the person,

c) Fails to obey any lawful requirement ororder made by the commission, or

d) Fails to obey any judgment or decreemade by any court upon the application of thecommission

3) Violation of ORS 756 115 is punishable,

upon conviction, by a fine of not less than $ 1, 000for each offense A penalty of not less than $500nor more than $ 1, 000 shall be recovered from thepublic utility, railroad, air carrier or motor carrierfor each such offense when such officer, agent or

employe acted in obedience to the direction, instruction or request of the public utility, rail-

road, air carrier or motor carrier, or any general

officer thereof


upon conviction, by a fine of not more than $100or imprisonment for not more than 30 days, orboth Any public utility, railroad, air carrier ormotor carrier that knowingly permits the violation of ORS 756 125 shall forfeit, upon convic-

tion, not more than $1, 000 for each offense

5) Violation of ORS 756 543 ( 1) is punishable, upon conviction, by a fine of not less than

100 nor more than $ 1, 000, or by imprisonmentin the county jail for not more than one year, orboth

6) In construing and enforcing this section, the act, omission or failure of any officer, agent orother person acting for or employed by any publicutility, railroad, air carrier, motor carrier or anyother person subject to the jurisdiction of thecommission acting within the scope of the otherperson' s employment shall in every case bedeemed to be the act, omission or failure of suchpublic utility, railroad, air carrier, motor carrieror any other person subject to the jurisdiction ofthe commission With respect to any violation of

any statute administered by the commission, anypenalty provision applying to such a violation bya public utility, railroad, air carrier or motorcarrier shall apply to such a violation by any otherperson

7) Except when provided by law that apenalty, fine, forfeiture or other sum be paid tothe aggrieved party

a) All penalties, fines or forfeitures collectedfrom persons subject to the regulatory authorityof ORS chapter 767 shall be paid into the GeneralFund and credited to the Motor Carrier Account

b) All penalties, fines or forfeitures or othersums collected or paid under the provisions of any

law administered by the commission, other thanORS chapter 767, shall be paid into the GeneralFund and credited to the Public Utility Commis- sion Account [ 1971 c 655 § 63, 1973 c 232 § 4, 1973 c 776

33 1977 c 105 P, 1979 c 415 § 1]

Note The amendments to 756990 by section 95hopier 447, Oregon laws 1987 take effect Julj 1 1989 See

section 143, chapter 447 Oregon Laws 1987 The text is setforth for the user' s convenience

756 990 ( 1) An} public utility, telecommunications

utility railroad, air carrier or motor carrier that fads tocomply with an order or subpena issued pursuant to ORS756 090 shall forfeit for each day it so fads, a sum of not lessthan $50 nor more than $500

2) Except where a penalty is otherwise pro% ided by law, any public utility, telecommunications unit}, railroad, aircarrier motor carrier or am other person subject to the

jurisdiction of the commission shall forfeit a sum of not lessthan $ 100 nor more than $ 10,000 for each time that theperson

a) b lolates an} statute administered by the commission,

b) Does any act prohibited, or fads to perform any dutyenjoined upon the person,

c) Fails to obey any lawful requirement or order made bythe commission, Or

d) Fails to obey aq7 judgment or decree made by anycourt upon the application of the commission

973

SUPERSEDED

756.880 UTILITIES: RAILROADS AND OTHER CARRIERS

3) Violation of ORS 756 115 is punishable upon conviction, by a fine of not less than $ 1, 000 for each offense Apenalty of not less than $500 nor more than $ 1, 000 shall be

recovered from the public utility, telecommunications utilityrailroad, air carrier or motor carrier for each such offense

when such officer, agent or employe acted in obedience to the

direction, instruction or request of the public utility, telecommunications utility, railroad, air carrier or motor carrier, or

any general officer thereof

4) Violation of ORS 756 125 is punishable, upon convic-

tion, by a fine of not more than $100 or imprisonment for not

more than 30 days, or both Any public utility, telecommunications utiht), railroad, air carrier or motor carrier that

knowingly permits the violation of ORS 756 125 shall forfeit, upon conviction, not more than $1000 for each offense

5) Violation of ORS 756543 ( 1) is punishable, uponconviction, by a fine of not less than $ 100 nor more than

1, 000, or by imprisonment in the county jail for not morethan one year, or both

6) In construing and enforcing this section, the act, omission or failure of any officer, agent or other person act mgfor or employed b) any public utility, telecommunicationsutility, railroad, air carrier, motor carrier or any other person

974

subject to the jurisdiction of the commisbmn acting within thescope of the other person' s employment shall in every case bedeemed to be the act, omission or failure of such public utilitytelecommunications utility, railroad, air carrier, motor carrieror any other person subject to the jurisdiction of the commis-

sion With respect to any violation of any statute administered by the commission, any penalty provision applying tosuch a violation by a public utility, telecommunications utility, railroad, air carrier or motor carrier shall apply to such a

violation by any other person

7) Except when provided by law that a penalty, fine, forfeiture or other sum be paid to the aggrieved party

a) All penalties, fines or forfeitures collected from per-

sons subject to the regulatory authority of ORS chapter 767shall be paid into the General Fund and credited to the MotorCarrier Account

b) All penalties fines or forfeitures or other sums

collected or paid under the prov isions of any law administeredby the commission, other than ORS chapter 767 shall be paid

into the General Fund and credited to the Public UtilityCommission Account

SUPERSEDED

Chapter 757


Utility Regulation Generally

DEFINITIONS, GENERAL PROVISIONS

757 005 Definitions for ORS chapter 757

757 015 Affiliated interest' defined

757 020 Duty of utilities to furnish adequate and

Control of commission over classification of

safe sen ice at reasonable rates

757 035 Adoption of safet) regulations, enforce-

Filing schedules to places where utility con-

ment

757 039 Regulation of hazardous substance dis-

Establishment of joint rates

tribution and storage operations, coopera-

Standards and appliances for measuring

tion with federal agencies, disclosure of

service

reports and information

757 050 Authority of commission to order extension

Amounts includable in rate schedule, defer-

of service to unsery ed areas

757 056 Information on energy conservation to be

ATTACHMENTS REGULATION

furnished b) certain utilities

BUDGET, ACCOUNTS AND REPORTS OFUTILITIES

757 105 Filing of budget, review b) commission, pensions as operating expenses

757 107 Supplemental budgets and orders

757 110 Effect of budget orders

757 120 Accounts required

757125 Duty of utility to keep records andaccounts, duty of commission to furnishblanks

757 135 Closing accounts and filing balance sheet, auditing accounts

757 140 Depreciation accounts

RATE SCHEDULES, MEASURING EQUIPMENT

757 205 Filing schedules with commission, datafiled w n.h schedules

757 210 Hearing to establish new schedules

757 215 Commission authorized to suspend newrates or order interim rates during hear - ings, revenues collected under unapproved

rates subject to refund, order after hearing

757 220 Notice of schedule changes required

757 225 Utilities required to collect for their services in accordance with schedules

757 230 Control of commission over classification ofservices and forms of schedules

757 240 Filing schedules to places where utility consumers make pay ments

757 245 Establishment of joint rates

757 250 Standards and appliances for measuring

757 287

service

757 255 Testing of measuring appliances

757 259 Amounts includable in rate schedule, deferral, limit in effect on rates b) amortization


757270 Definitions for ORS 757 270 to 757 290

757 273 Attachments by licensees to public utility

ISSUANCE OF SECURITIES

757 400 Definition of " stocks"

757 405 Power to regulate issuance of ut, bt) securities

757 410 When issuance of securities is void

757 415 Purposes for which securities and notesma) be issued, order required

757 417 Limitation on application of ORS 757 415


757 420 Hearings and supplemental orders relating

to issuance of securities, joint approval of

issuance b) interstate utility

757 425 State not obligated following approval ofissuance

757 430 Conditional approval of issuance author -

ized

757 435 Disposal of proceeds from issuance ofsecurities

757 440 Approval required before utility may guarantee another' s indebtedness

757445 Wrongful tssuesor use of proceeds by utility

757 450 Wrongful acts relating to issuance ofsecurities

TRANSACTIONS INVOLVING UTILITIES

757 480 Approval needed prior to disposal, mortgage or encumbrance of operative utility

property or consolidation with anotherpublic utilil)

975

facilities regulated

757 276 Attachments by licensees to public utilityfacilities regulated

757 279 Fixing rates or charges by commission, costof hearing

757 282 Criteria for a just and reasonable rate forattachments

757 285 Presumption of reasonableness of rates set

757 330

by private agreement

757 287 Application to electrical utility attachments

757 290 Regulatory procedures


757 400 Definition of " stocks"











ized


757 440 Approval required before utility may guarantee another' s indebtedness






975

ILLEGAL PRACTICES

757 310 Unjust discrimination in charges for service

757 315 Transactions not constituting unjust discrimination

757 320 Reducing rates for persons furnishing partof necessary facilities

757 325 Undue preferences and prejudices

757 330 Soliciting or accepting special privilegesfrom utilities

757 355 Costs of property not presently providingutiltl) service excluded from rate base


757 400 Definition of "stocks"











ized


757 440 Approval required before utility may guarantee another's indebtedness






975

SUPERSEDED

UTILITIES, RAILROADS AND OTHER CARRIERS

757 485 Purchase of property or stocks of one utility

757 551

by another

757 490 Approval needed for certain contracts

757 495 Contracts involving utilities and persons

757 561

with affiliated interests

757 500 Contracts between certain public utilities

757 506 Findings and policy regarding exercise of

757 825

influence over utility b) person not engagedin utrhty business

757 511 Application for authority to exercise influence over utility, contents of application, issuance of order, dissemination of information about acquisition

EXCAVATION REGULATION


757 546 Project plans to notify excavator of law

EMERGENCY CURTAILMENT OF ELECTRICITYOR NATURAL OR MANUFACTURED GAS

757 710 Emergency curtailment plan required, credits for weatherrzatron or alternateenergy devices

757 720 Factors to be considered in approving plan, authonly to establish plan, consultation

with Department of Energ)

757 730 Liability w hen curtailment occurs

HEALTH ENDANGERING TERMINATION OFRESIDENTIAL UTILITY SERVICE

757 750 Legislativ a findings

757 755 Termination of residential electric or natural gas service prohibited, rules of commission

757 760 Requirements for notice of termination ofservice, pa) ment schedules

REGULATION OF TELECOMMUNICATIONSSERVICE

757 810

requirements

757 551 Excavator to gtve notice of proposed work, exemption

757 556 When excavator exempt from giving notice757 561 Owner to mark facilities or notify

excavator that none exist, rules

757 566 Delay of excavation until response from

757 825

facihty owners, duty of excavator to usecare, damage to facilities

757571 Public authority not liable for unauthorizedinstallations, effect of law on powers ofgovernmental agencies

EMERGENCY CURTAILMENT OF ELECTRICITYOR NATURAL OR MANUFACTURED GAS

757 710 Emergency curtailment plan required, credits for weatherrzatron or alternateenergy devices

757 720 Factors to be considered in approving plan, authonly to establish plan, consultation

with Department of Energ)

757 730 Liability w hen curtailment occurs

HEALTH ENDANGERING TERMINATION OFRESIDENTIAL UTILITY SERVICE

757 750 Legislativ a findings

757 755 Termination of residential electric or natural gas service prohibited, rules of commis-

sion

757 760 Requirements for notice of termination ofservice, pa) ment schedules

REGULATION OF TELECOMMUNICATIONSSERVICE

757 810 Legislative findings

757 815 Certificates of authority required, application, notice, restrictions, hearing, classification of successful applicants

757 820 Certificates of authority for persons, companies and corporations providing serviceson January 1, 1986

757 825 Regulation b) commission, exemptions, useof revenues, price list filing, toll servicerates, subsidies, alternative access require-

ments

757 835 Optional measured service for business customers, conditions for authorization

757 840 Mandatory measured service restriction

757 850 Price listing of services, findings by commission, terms and conditions

757 860 Applicability of ORS 757 245 to cooperatives and associations

757 870 Applicability of rate making procedure tocertain service providers, revocation of

exemption, financial report required

RESIDENTIAL SERVICE PROTECTION

Temporary provisions relating to residential telecommunication service are compiledes notes following ORS 757 870 )

DEVICES FOR HEARING AND SPEECHIMPAIRED

Temporary provisions relating to telecommunication devices for hearing and speechimpaired individuals are compiled as notes

following ORS 757 870 )

SEPARATE REGULATION

Provisions with a delayed operative daterelating to a separate regulator) system for

telecommunications utilities are compiled asnotes following ORS 757 870 )

PENALTIES

757 990 Penalties

757 991 Civil penalty for noncompliance with gasregulations

CROSS REFERENCES

Assessment of utility property by Revi.nue Department, 308 505 to 308 655

Citicens Utility Board, 774 190

Commercial Energy Conservation Service Program, 469860to 469 900

Complaint, investigation and hearing procedure for publicutilities, 756 500 to 756 610

Contracts for unlimited financial obligation by nommestorowned electric utilities restricted, 261 253

Corporate excise tax 317 070

Discrimination b) need, race sex, marital status, color ornational origin prohibited, 30 670

Flectnc utility lien for irrigation power 87 352 to 87 392

Electronic equipment workers, licensing and registration noeffect on work performed on public utilities, 702 020

Emergency telephone system conversions, 401 770

Energy conservation, rental dwellings, alternative financingprogram, 469 950

Energ) conservation services, duty of certain energy suppliersto provide, 469 150

Joint operating agencies for electrical power, 262 005 to262 115

Mass transit system, exemption from public utility and railroad regulation 267 230

976

SUPERSEDED

UTILITY REGULATION GENERALLY

Municipal control over private utililie,, 221 420 221 450, 221 470, 121 916

Municipal utilities, Ch 225

Nuclear power plants, regulation 469 300 to 4G9 570 469 590to 469 621, 469 930

Overhead transmission, certificate of pubhe comemence and

necessity 758 015

People' s utility districts, Ch 261Remo%al of structures from public property upun expiration of

franchise, 221 470

Residential Energy Conser, ation Act, 469 631 to 469 720Rural telephone exchanges optional gross earnings tax,

MS 705 to 308 730

Sale of communication equipment 646 850 646 855

Sale of hydroelectric power to utilities by district 543 650 to543 685

Thermal power facilities

Cities, 225 450 to 225 490

Cummission approval of financing contingent on EnergyFacility Siting Council findings 469 599

People s utility districts, 261 235 to 261 255Reguiauon 469 300 to 469 570

Transportation facilities operated by metropolitan servicedistrict exempted from puhhc utility regidation, 268 040

Unclaimed deposits and refunds held by utilities, 98 602 to98 436

Utility service uintracts exempt from Insurance Code, 731 10'1

water system regulation, 448 115 to 448 1755

757 035

Electrical Safety Law 479 510 to 479 895

757 050

Municipal utilities furnishing service uutmde city 225 Wit

757 105

Fees to be paid to wmmissimi by utilities 756 310 to 756 350

757 135

Serretery or managing agent needed at principal office, 308 650 '

977

SUPERSEDED

UTILITIES• RAILROADS AND OTHER CARRIERS

W7

SUPERSEDED

UTILITY REGULATION GENERALLY 757.005

DEFINITIONS; GENERAL PROVISIONS

757.005 Definitions for ORS chapter757. ( 1)( a) As used in this chapter, except asprovided in paragraph ( b) of this subsection, public utility" means

A) Any corporation, company, individual, association of individuals, or its lessees, trusteesor receivers, that owns, operates, manages or

controls all or a part of any plant or equipment inthis state for the provision of telecommunica-

tions service, for the transportation of persons or

property by street railroads or other street transportation as common carriers, or for the produc-

tion, transmission, delivery or furnishing of heat, light, water or power, directly or indirectly to orfor the public, whether or not such plant or

equipment or part thereof is wholly within any

town or city.

B) Any corporation, company, individual orassociation of individuals, which is party to anoral or written agreement for the payment by apublic utility, for service, managerial construction, engineering or financing fees, and having anaffiliated interest with the public utility

b) As used in this chapter, " public utility"

does not include

A) Any plant owned or operated by a municipality

B) Any railroad, as defined in ORS 760 005, or any industrial concern by reason of the factthat it furnishes, without profit to itself, heat, light, water or power to the inhabitants of any

locality where there is no municipal or publicutility plant to furnish the same

C) Any corporation not providing intrastatetelecommunications service to the public in this

state, whether or not such corporation has anoffice in this state or has an affiliated interest

with a public utility as defined in this chapterD) Any corporation, company, individual or

association of individuals providing heat, light orpower

i) From any energy resource to fewer than 20customers, if it began providing service to acustomer prior to July 14, 1985,

ii) From any energy resource to fewer than20 residential customers so long as the corporation, company, individual or association of individuals serves only residential customers,

in) From solar or wind resources to anynumber of customers, or

iv) From biogas, waste heat or geothermalresources for nonelectric generation purposes to

any number of customers

E) A qualifying facility on account of salesmade under the provisions of ORS 758 505 to758 555

F) Any water utility serving less than 300customers at an average annual residential rate of

18 per month or less, which provides adequateand nondiscriminatory service

G) Any person acting only as a competitivetelecommunications provider

H) Any corporation, company, individual orassociation of individuals providing only telephone customer premise equipment to the public

2) Nothing in sub - subparagraph ( iv) of subparagraph ( D) of paragraph ( b) of subsection ( 1)

of this section shall prohibit third party financingof acquisition or development by a utility customer of energy resources to meet the heat, lightor power requirements of that customer

3) As used in this chapter

a) " Competitive telecommunications pro-

vider" means a telecommunications services pro-

vider which has been classified as such by thecommission pursuant to ORS 757 815

b) " Intrastate telecommunications service"

means any telecommunications service in whichthe information transmitted originates and terminates within the boundaries of the State ofOregon

c) " Local exchange telecommunications

service" means telecommunications service pro-

vided within the boundaries of exchange maps

filed with and approved by the commission

d) " Private telecommunications network"

means a system, including the construction, maintenance or operation thereof, for the provision of telecommunications service or any por-

tion of such service, by a person for the exclusiveuse of that person and not for resale, directly orindirectly

e) " Radio common carrier" means any cor-

poration, company, association, joint stock association, partnership and person, their lessees, trustees or receivers, and any town making available facilities to provide radio communications

service, radio paging or cellular communicationsservice for hire

f) " Shared telecommunications service"

means the provision of telecommunications andinformation management services and equipment

to a user group located in discrete premises inbuilding complexes, campuses or high -rise buildings, by a commercial shared services provider orby a users' association, through privately ownedcustomer premises equipment and associated

979

SUPERSEDED


data processing and information managementservices and includes the provision of connec-

tions to local exchange telecommunications service

g) " Telecommunications service" meanstwo -way switched access and transport of voicecommunications but does not include

A) Services provided by radio common car- tier

B) One -way transmission of television signals

C) SurveyingD) Private telecommunications networks

E) Communications of the customer whichtake place on the customer side of on- premisesequipment

h) " Telecommunications public utility" means a public utility providing telecommunications service that has been so classified by thecommission pursuant to ORS 757 815

1) " Toll' means telecommunicationsbetween exchanges carried on the public switchednetwork for which charges are made on a per -unitbasis

4) This section does not apply to streettransportation in cities of less than 50, 000 population [ Amended by 1959 c 583 § 2, 1967 c 241 § 1 1967 c 314

1 197lc655 §64a 1973c726 § 1 1979c62 § l, 198lc360 § 1,

1981 c 749 § 21, 1983 c 118 § 1, 1983c799§ 7 1985c550§ 1,

1985c633§ 7 1985c779§ 1 1987 c 900 § 31

Note The amendments to 757005 by section 96, chapter 447 Oregon laws ] 987 take effect July 1, 1989 Seesection 143 chapter 447 Oregon laws 1987 The text is setforth for the user's convenience

757005 ( I)( a) As used in this

pro%ided in paragraph ( h) of this qubsectmeans

A' A ry, corporation, company individual association ofindividuals or its lessees trustees or receivers, that owns

uperatts manages or controls all or a part of any plant or

equipment in this state for the provision of telecommunica-

tions service for the transportation of persons or property bystreet railroads or other street transportation as common

carriers or for the production, transmission, delivery orfurnishing of heat light water or power directly or indirectlyto or for the public whether or not such plant or equipment or

part thereof is wholly within any town or city

B) Anv corporation company, individual or associationof individuals, w hich is party to an oral or written agreement

for the payment by a public utility for service managerialconstruction, engineering or financing fees, and having anaffiliated interest with the public utility

b) As used in this chapter, " public utility" does notinclude

B) Any railroad, as defined in ORS 760005 or anyindustrial concern by reason of the fact that it furnishes, without profit to itself, heat, light, water or power to the

inhabitants of any locality where there is no municipal orpublic utility plant to furnish the same

C) Any corporation, company, individual or associationof individuals providing heat, light or power

i) From any energy resource to fewer than 20 customers, if it began providing service to a customer prior to July 141985,

60 From any energy resource to fewer than 20 residential customers so long as the corporation, company, individualor association of individuals serves only residential customers,

m) From solar or wind resources to any number ofcustomers, or

00 From binges, waste heat or geothermal resources for

nonelectric generation purposes to any number of customers

D) A qualifying facility on account of sales made underthe provisions of ORS 758 505 to 758 555

E) Any water utility serving less than 800 customers atan average annual residential rate of $18 per month or less

which provides adequate and nondiscriminatory service

2) Nothing in sub - subparagraph Ov) of subparagraphC) of paragraph ( b) of subsection 0) of this section shall

prohibit third party financing of acquisition or development

by a utility customer of energy resources to meet the heatlight or power requirements of that customer

3) This section does not apply to street transportationin cities of less than 50, 000 population

757 010 [ Repealed by 1971 c 655 §250]

757.015 " Affiliated interest" defined. As used in ORS 757 105 ( 1) and in ORS 757 495,

affiliated interest" with a public utility means

1) Every corporation and person owning orholding directly or indirectly five percent or moreof the voting securities of such public utility

chapter except as

ion, " public utility" ( 2) Every corporation and person in anychain of successive ownership of five percent ormore of voting securities of such public utility

A) Any plant owned or operated by a municipality

3) Every corporation five percent or more ofwhose voting securities are owned by any personor corporation owning five percent or more of thevoting securities of such public utility or by anyperson or corporation In any chain of successive

ownership of five percent or more of votingsecurities of such public utility

4) Every person who is an officer or directorof such public utility or of any corporation in anychain of successive ownership of five percent ormore of voting securities of such public utility

5) Every corporation which has two or moreofficers or two or more directors in common with

such public utility

6) Every corporation or person which thecommission determines as a matter of fact after

F1Si]

SUPERSEDED


investigation and hearing actually is exercisingany substantial influence over the policies andactions of such public utility, even though suchinfluence is not based upon stockholding, stockholders, directors or officers to the extent spec-

ified in this section

7) Every person or corporation who or whichthe commission determines as a matter of fact, after investigation and hearing, actually is exercising such substantial influence over the policiesand actions of such public utility in conjunction

with one or more other corporations or persons

with whom they are related by ownership orblood or by action in concert that together theyare affiliated with such public utility within the

meaning of this section even though no one ofthem alone is so affiliated [ Amended by 1971 c 655

65]

757. 020 Duty of utilities to furnish adequate and safe service at reasonable rates.

Every public utility is required to furnish adequate and safe service, equipment and facilities,

and the charges made by any public utility for anyservice rendered or to be rendered in connectiontherewith shall be reasonable and just, and everyunjust or unreasonable charge for such service isprohibited [ Amended by 1971 c 655 § 661

757 025 ) Amended by 1971 c 655 § 14, renumbered

756 062]

757 030 [ Repealed by 1971 c 655 § 2501

757. 035 Adoption of safety regulations; enforcement. ( 1) The commission has

power, after a hearing had upon the motion of thecommission or upon complaint, to require bygeneral or special orders embodying reasonable

rules or regulations, every person or municipality,

their agents, lessees or acting trustees or receivers, appointed by court, engaged in the management, operation, ownership or control oftelegraph, telephone, signal or power lines within

this state, upon the public streets or highways, and also upon all other premises used, whether

leased, owned or controlled by them, to construct, maintain and operate every line, plant, system, equipment or apparatus in such manner as to

protect and safeguard the health and safety of allemployes, customers and the public, and to this

end to adopt and prescribe the installation, use,

maintenance and operation of appropriate safety

or other devices, or appliances, to establish or

adopt standards of construction or equipment,

and to require the performance of any other actwhich seems to the commission necessary or

proper for the protection of the health or safety ofall employes, customers or the public

2) When acting pursuant to subsection ( 1) ofthis section, the commission shall adopt by rule

as the standard of such construction, operation

and maintenance the 1973 edition of the Ameri- can National Standard, National Electrical

Safety Code, C23) In lieu of subsection ( 2) of this section, or

in addition thereto, the commission may adopt

by rule any revision or edition of or amendmentto the National Electrical Safety Code approvedby the American National Standards Instituteafter July 14, 1977, and in effect on the date ofadoption by the commission [ Amended by 1969 c 530

1, 1971 c 655 § 68, 1975 c 658 § 1, 1977 c 346 § 11

757.039 Regulation of hazardous substance distribution and storage operations; cooperation with federal agencies; disclosure of reports and information. ( 1) Asused in this section, " hazardous substance ormaterial" means

a) Fuel gas, whether in a gaseous, liquid orsemisolid state,

b) Petroleum or petroleum products, and

c) Any other substance or material whichmay pose an unreasonable risk to life or propertywhen transported by pipeline facilities

2) The commission has power, after a hearing had upon the commission' s own motion orupon complaint, to require by general or specialorders embodying reasonable rules, every personor municipality, their agents, lessees or actingtrustees or receivers, appointed by court, engagedin the management, operation, ownership or con-

trol of facilities for the transmission or distribution of a hazardous substance or material bypipeline, or of facilities for the storage or treatment of a hazardous substance or material to betransmitted or distributed by pipeline or upon thepublic streets or highways, or of any other premises used, whether leased, owned or controlled bythem, to construct, maintain and operate every

pipeline, plant, system, equipment or apparatus

used in the transmission, distribution, storage ortreatment of a hazardous substance or material to

be transmitted by pipeline or upon the publicstreets or highways in such manner as to protect

and safeguard the health and safety of allemployes, customers and the public, and to this

end to adopt and prescribe the installation, use, maintenance and operation of appropriate safety

or other devices, or appliances, to establish oradopt standards of construction or equipment,

and to require the performance of any other actwhich seems to the commission necessary orproper for the protection of the health and safetyof all employes, customers or the public

3) The commission is authorized to cooperate with, make certifications to, and to enter into

981

SUPERSEDED


agreements with the Secretary of Transportationof the United States of America under provisionsof the Natural Gas Pipeline Safety Act of 1968, asamended, and the Hazardous Liquid Pipeline

Safety Act of 1979 and to assume responsibilityfor and to carry out on behalf of the Secretary ofTransportation, safety jurisdiction relating topipeline facilities and transportation of haz-

ardous substances and materials in Oregon in anymanner not otherwise subject to the jurisdiction

of any other agency of this state

4) Notwithstanding any other provisions tothe contrary, the commission shall make publicsuch reports as are required to be made publicunder the Natural Gas Pipeline Safety Act of1968, as amended, and the Hazardous LiquidPipeline Safety Act of 1979 and the regulationsthereunder and provide such information as is

required thereunder to the Secretary of Trans- portation

5) The jurisdiction of the commission overpropane, butane or mixtures of these gases shall

be limited to systems transporting such gases to10 or more customers, or to systems any portionof which is located in a public place [ Formerly757 095, 1983 c 540 §31


757 045 [ Amended by 1967 c 394 § 1, repealed b} 1971c 781 § 11

757. 050 Authority of commission toorder extension of service to unserved

areas. The commission has power to require anypublic utility, after a public hearing of all partiesinterested, to extend its line, plant or system into,

and to render service to, a locality not alreadyserved when the existing public convenience andnecessity requires such extension and service

However, no such extension of service shall berequired until the public utility has been grantedsuch reasonable franchises as may be necessaryfor the extension of service, and unless the conditions are such as to reasonably justify the necessary investment by the public utility in extendingits line, plant or system into such locality andfurnishing such service [ Amended by 1971 c 655 § 67]

757 055 [ Repealed b) 1971 c 655 § 2501

757.056 Information on energy conservation to be furnished by certain utilities.

1) As used in this section, "energy conservationservices" means services provided by public utilities to educate and inform customers and thepublic about energy conservation Such servicesinclude but are not limited to providing answersto questions concerning energy saving devicesand providing inspections and making sug-

gestions concerning the construction and sitingof buildings and residences .

2) All public utilities as defined in ORS757 005, that produce, transmit, deliver or fur-

nish heat, light or power shall establish energyconservation services and shall provide energyconservation information to customers and to the

public The services shall be performed in accordance with such rules as the commission mayprescribe 11977 c 197 § 2, 1977 c 887 § 111

757 060 [ Amended by 1955 c 145 § 1, repealed by 1961c 691 § 20]

757 065 [ Renumbered 756 3701 -

757 070 [ Renumbered 756 3751

757 075 [ Repealed by 1971 c 655 § 2501

757080 [ 1953 c356 § 1, 1961 c354 § 1, 1971 c655

30a renumbered 756 3801

757 085 [ 1953 c 356 § 2, 1961 c 354 § 2, renumbered7563851

757 090 11953 c 356 § 3, 1961 c 354 § 3, renumbered

7563901

757 095 [ 1969 c 372 § 2, 1971 c 655 § 69, renumbered757 039]

BUDGET, ACCOUNTS AND REPORTSOF UTILITIES

757. 105 Filing of budget; review bycommission; pensions as operatingexpenses. ( 1) The commission has the right andpower of regulation, restriction and control over

the budgets of expenditures of public utilities, asto all items covering

a) Proposed payment of salaries of executiveofficers,

b) Donations,

c) Political contributions and political

advertising,

d) Expenditures for pensions or for a trust toprovide pensions for employes and officers,

e) Other expenditures and major contractsfor the sale or purchase of equipment, and

f) Any payment or contemplated payment toany person or corporation having an affiliatedinterest for service, advice, auditing, associating, sponsoring, engineering, managing, operating, financing, legal or other services

2) On or before November 1 of each year

each public utility shall prepare a budget showingthe amount of money which, in its judgment, shall be needed during the ensuing year for covering all such activities and expenditures, and file itwith the commission

982

SUPERSEDED

UTILITY REGULATION GENERALLY 757. 140

3) When any such budget has been filed withthe commission, the commission shall examine

Into and investigate the same and unless rejected

within 60 days thereafter, the proposed budget is

presumptively fair and reasonable and not contrary to public interest

4) Proposed expenditures for pensions or fora trust to provide pensions for the employes andofficers of such utility whether for future serviceor past service or both, shall be recognized as an

operating expense if the trust fund is irrevocablycommitted to the payment of pensions or benefitsto employes and if such pensions are reasonable

and nondiscriminatory The commission maydisallow as an operating expense any expenditurefor pension purposes in excess of the amount

necessary and proper to maintain an actuariallysound retirement plan for the employes of the

utility in Oregon [ Amended by 1957 c 593 § l, 1971 c 655821

757. 107 Supplemental budgets andorders. Adjustment and additions to such

budget expenditures may be made from time totime during the year by filing supplementarybudgets with the commission The provisions of

ORS 757 105 ( 3) apply to adjustments and additions,t0 budgets [ Amended by 1971 c 655 § 831

757. 110 Effect of budget orders. (1) Anyfinding and order made and entered by the commission under ORS 757 105 or 757 107, shall have

the effect of prohibiting any unapproved orrejected expenditure from being recognized as anoperating expense or capital expenditure in anyrate valuation proceeding or in any proceeding or

hearing unless and until the propriety thereof hasbeen established to the satisfaction of the com-

mission Any such finding and order shall remainin full force and effect, unless and until it is

vacated and set aside in a suit brought andprosecuted as provided in ORS 756 580 to

756 610 or modified or set aside by the commission

2) Nothing in ORS 757 105 or 757 107 prevents the commission from at any time makingand filing orders rejecting imprudent and unwiseexpenditures or payments Such orders when so

made shall be in full force and effect, and thepublic utility shall not have the right to makesuch expenditures or payments found to beimprudent or unwise until the order has beenvacated or set aside in a suit brought and pros-

ecuted as provided in ORS 756 580 to 756 610 or

modified or set aside by the commission [ Amendedby 1971 c 655 484]

757 115 [ Amended b) 1971 c 655 420, renumbered

756 105]

757. 120 Accounts required. ( 1) Everypublic utility shall keep and render to the commission, in the manner and form prescribed bythe commission, uniform accounts of all business

transacted All forms of accounts which may beprescribed by the commission shall conform asnearly as practicable to similar forms prescribedby federal authority

2) Every public utility engaged directly orindirectly in any other business than that of apublic utility shall, if required by the commission, keep and render separately to the commission, inlike manner and form, the accounts of all suchother business, in which case all the provisions ofthis chapter shall apply with like force and effectto the accounts and records of such other business [ 4mended b) 1971 c 655 § 85]

757. 125 Duty of utility to keep recordsand accounts; duty of commission to furnish blanks. (1) The commission shall prescribe

the accounts and records required to be kept, and

every public utility is required to keep and renderits accounts and records accurately and faithfullyin the manner prescribed by the commission andto comply with all directions of the commissionrelating to such accounts and records

2) No public utility shall keep any otheraccounts or records of its public utility businesstransacted than those prescribed or approved bythe commission except such as may be requiredby the laws of the United States

3) The commission shall cause to be prepared suitable blanks for reports for carrying outthe purposes of this chapter, and shall, when

necessary, furnish such blanks for reports to eachpublic utility [ Amended by 1971 c 655 § 861

757 130 [ Repealed by 1971 s 655 § 250]

757. 135 Closing accounts and filingbalance sheet; auditing accounts. ( 1) Theaccounts shall be closed annually on December 31and a balance sheet of that date promptly takentherefrom On or before April 1 following, suchbalance sheet, together with such other informa-

tion as the commission shall prescribe, verified byan officer of the public utility, shall be filed withthe commission

2) The commission may examine and auditany account Items shall be allocated to theaccounts in the manner prescribed by the commission [ Amended by 1983' c 540 $ 4]

757. 140 Depreciation accounts. Everypublic utility shall carry a proper and adequatedepreciation account The commission shall

ascertain and determine the proper and adequate

rates of depreciation of the several classes of

983

SUPERSEDED

757, 205 UTILITIES• RAILROADS AND OTHER CARRIERS

property of each public utility The rates shall besuch as will provide the amounts required over

and above the expenses of maintenance, to keepsuch property in a state of efficiency corresponding to the progress of the industry Each publicutility shall conform its depreciation accounts tothe rates so ascertained and determined by thecommission The commission may make changesin such rates of depreciation from time to time asthe commission may find to be necessaryAmended by 1971 c 655 §87]

757 145 [ Repealed by 1971 c 655 § 2501

757 150 [ Repealed by 1971 c 655 732501

757155 Amended by 1971 c655 § 90 renumbered7574801

757 160 AAmended by 1971 c 655 § 91 renumbered7574851

757 165 Amended by 1971 c 655 § 92, renumbered757 4901

757 170 Amended by 1971 c656 693 renumbered757 4951

757 175 Amended by 1971 c 655 § 94, renumbered757 soul

757 180 Amended b) 1971 c 655 521, renumbered756 1151

RATE SCHEDULES; MEASURINGEQUIPMENT

757. 205 Filing schedules with commission; data filed with schedules. ( 1) Everypublic utility shall file with the commission, within a time to be fixed by the commission, schedules which shall be open to public inspection, showing all rates, tolls and charges which ithas established and which are in force at the timefor any service performed by it within the state, or for any service in connection therewith orperformed by any public utility controlled oroperated by it

2) Every public utility shall file with and aspart of every such schedule all rules and regula-

tions that in any manner affect the rates chargedor to be charged for any service Every publicutility shall also file with the commission copiesof interstate rate schedules and rules and regula-

tions issued by it or to which it is a party3) Where a schedule of joint rates or charges

is or may be in force between two or more publicutilities, such schedules shall in like manner beprinted and filed with the commission [ Amendedb} 1971 e 6.95 § 707

757 210 Hearing to establish newschedules, ( 1) Except as provided in ORS

757 825, whenever any public utility files with thecommission any rate or schedule of rates stating

or establishing a new rate or schedule of rates or

increasing an existing rate or schedule of rates,

the commission may, either upon written complaint or upon the commission' s own initiative,

after reasonable notice, conduct a hearing todetermine the propriety and reasonableness ofsuch rate or schedule The commission shall

conduct such a hearing upon written complaintfiled by the utility, its customer or customers, orany other proper party within 60 days of theutility' s filing, provided that no hearing need beheld if the particular rate change is the result of

an automatic adjustment clause At such hearingthe utility shall bear the burden of showing thatthe rate or schedule of rates proposed to be

established or increased or changed is lust and

reasonable The term " automatic adjustment

clause" means a provision of a rate schedule

which provides for rate increases or decreases or

both, without prior hearing, reflecting increasesor decreases or both in costs incurred by a utilityand which is subject to review by the commissionat least once every two years In the case oftelecommunications public utilities, the clause is

one authorized under ORS 757 850 ( 6)

2) The commission and staff may consult atany time with, and provide technical assistanceto, utilities, their customers, and other interested

parties on matters relevant to utility rates andcharges If a hearing is held with respect to a ratechange, the commission' s decisions shall be based

on the record made at the hearing [ Amended by 1971C1355 § 70a, 1951 c 715 § 1, 198, c 550 § 2. 1967 c 613 § 11

Nate The amendments to 757 210 b} section 97

chapter 447, Oregon Laws 1987, take effeet July 1, 1989 Seesection 143, chapter 447, Oregon Laws 1987 The text is setforth for the user' s consemence

7.57210 ( 1) whenever any public utility files with thecommission any rate or schedule of rates stating or estabhsh-

mg a new rate or schedule of rates or increasing an existingrate or schedule of rates, the commission may, either uponwritten complaint or upon the commission' s own imtmtive

after reasonable notice, conduct a hearing to determine thepropriety and reasonableness of such rate or schedule The

commission shall conduct such a hearing upon written corn -

plaint filed by the utility, its customer or customers, or anyother proper party within 60 days of the utility' s filing, provided that no hearing need be held if the particular ratechange is the result of an automatic adjustment clause At

such hearing the utility shall bear the burden of showing thatthe rate or schedule of rates proposed to he established or

increased or changed is just and reasonable The termautomatic adjustment clause" means a provision of a rate

schedule which proirdes for rate increases or decreases or

lioth without prior hearing, reflecting increases or decreasesor both m costs incurred by a utility and which is subject toreview b the commission at leastonce every twoyears In thecase of telecommunications public utilities, the clause is one

authorized under ORS 757 850 ( 6)

984

SUPERSEDED


2) The commission and staff ma} consult at any time

with and provide technical assistance to, utilities their cus-

tomers, and other interested parties on matters relevant to

utility rates and charges If a hearing is held u ith respect to arate change the commission' s decisions shall be based on the

record made at the hearing

757. 215 Commission authorized to suspend new rates or order interim rates dur-

ing hearings; revenues collected underunapproved rates subject to refund; order

after hearing. ( 1) The commission may, pending such investigation and determination, orderthe suspension of the rate or schedule of rates,

provided the initial period of suspension shall not

extend more than six months beyond the timewhen such rate or schedule would otherwise go

into effect If the commission finds that theinvestigation will not be completed at the expiration of the initial suspension, the commission

may enter an order further suspending such rateor schedule for not more than three months

beyond the last day of the initial suspension2) This section does not prevent the com-

mission and the utility from entering into awritten stipulation at any time extending anyperiod of suspension

3) After full hearing, whether completedbefore or after such rate or schedule has gone intoeffect, the commission may make such order inreference thereto as would be proper in a proceed-

ing initiated after such rate or schedule hasbecome effective

4) If the commission is required to or determines to conduct a hearing on a rate or scheduleof rates filed pursuant to ORS 757 210, but doesnot order a suspension thereof, any increased

revenue collected by the utility as a result of suchrate or rate schedule becoming effective shall bereceived subject to being refunded If the rate orrate schedule thereafter approved by the commission is for a lesser increase or for no increase, the

utility shall refund the amount of revenuesreceived that exceeds the amount approved as

nearly as possible to the customers from whomsuch excess revenues were collected, by a creditagainst future bills or otherwise, in such manneras the commission orders

5) The commission may in a suspensionorder authorize an interim rate or rate schedule

under which the utility' s revenues will beincreased by an amount deemed reasonable bythe commission, not exceeding the amountrequested by the utility Any such interimincrease for a public utility as defined in ORS757 005 that produces, transmits, delivers or furnishes heat, light or power shall be effected byrates designed to increase the utility's revenues

without materially changing the revenue rela-

tionships among customer classes or between therevenues derived from demand charges and from

energy charges An interim rate or rate scheduleshall remain in effect until terminated by thecommission [ Amended bi 1981 c 715 § 21

757.220 Notice of schedule changes

required. No change shall be made in any schedule, including schedules of joint rates, exceptupon 30 days' notice to the commission Allchanges shall be plainly indicated upon existingschedules, or by filing new schedules in lieuthereof 30 days prior to the time they are to takeeffect However, the commission, for good cause

shown, may allow changes without requiring the30 days' notice by filing an order specifying thechanges to be made and the time when they shalltake effect

757.225 Utilities required to collect fortheir services in accordance with sched-

ules. No public utility shall charge, demand, collect or receive a greater or less compensation

for any service performed by it within the state, or for any service in connection therewith, than isspecified in printed rate schedules as may at thetime be in force, or demand, collect or receive anyrate not specified in such schedule The ratesnamed therein are the lawful rates until they arechanged as provided in ORS 757 210 to 757 220and 757 825 [ Amended by 1971 c 65i §71, 1985 c 550 § 31

757. 230 Control of commission overclassification of services and forms of

schedules. ( 1) The commission shall provide fora comprehensive classification of service for eachpublic utility, and such classification may takeinto account the quantity used, the time whenused, the purpose for which used, the existence ofprice competition or a service alternative, the

services being provided, the conditions of serviceand any other reasonable consideration Based onsuch considerations the commission may author-

ize classifications or schedules of rates applicable

to individual customers or groups of customers

The service classifications and schedule formsshall be designed consistently with the requirements of ORS 469 010 Each public utility isrequired to conform its schedules of rates to such

classification If the commission determines that

a tariff filing under ORS 757 205 results in a rateclassification primarily related to price competition or a service alternative, the commission, at a

minimum, shall consider the following

a) Whether the rate generates revenues at

least sufficient to cover relevant short and longrun costs of the utility during the term of therates,

985

SUPERSEDED

757. 240 UTILITIES• RAILROADS AND OTHER CARRIERS

b) Whether the rate generates revenues sufficient to insure that lust and reasonable rates areestablished for remaining customers of the utility,

c) For electric and natural gas utilities

A) Whether it is appropriate to incorporateinterruption of service in the utility's rate agreement with the customer, and

B) Whether the rate agreement requires theutility to acquire new resources to serve the load, and

d) For electric utilities, for service to load

not previously served, the effect of the rate on the

utility' s average system cost through the residential exchange provision of the Pacific NorthwestElectric Power Planning and Conservation Act of1980, Public Law 96 -501, as amended

2) The commission may prescribe suchchanges in the form in which the schedules are

issued by any public utility as may be found to beexpedient The commission shall adopt ruleswhich allow any person who requests notice oftariff filings described under subsection ( 1) of thissection to receive such notice Amended by 1971 c 655

72, 1977c682§ 1 1987 c 900 § 11


757.240 Filing schedules in placeswhere utility consumers make payments.

1) A copy of so much of all schedules, includingschedules of joint rates and charges, as the com-

mission deems necessary for the use of the publicshall be printed in plain type and kept on file in

every business office of such public utility, opento the public, and in such form and place as to be

readily accessible to the public for convenientinspection

2) Copies of all new schedules shall be filedin every business office of such public utility 30days prior to the time the schedules are to takeeffect, unless the commission prescribes a shorter

time [ Amended by 1971 c 655 § 781

757. 245 Establishment of joint rates. 1) A public utility may establish reasonable

through service and joint rates and classificationswith other public utilities Public utilities estab-

lishing joint rates shall establish just and reasonable regulations and practices in connection

therewith and just, reasonable and equitable divi-

sions thereof as between the public utilities par-

ticipating therein, which shall not unduly preferor prejudice any of such participating publicutilities, and every unjust and unreasonable rate, classification, regulation, practice and division isprohibited

2) The commission may, and shall, whenever deemed by the commission to be necessaryor desirable in the public interest, after full hearing upon complaint, or upon the commission' sown initiative without complaint, establish

through service, classifications and joint rates, the divisions of such rates and the terms andconditions under which such through service

shall be rendered If any tariff or schedule canceling any through service or joint rate or classification without the consent of all the public utilities

parties thereto or authorization by the commission is suspended by the commission for investigation, the burden of proof is upon the public

utilities proposing such cancellation to show thatit is consistent with the public interest

3) Whenever, after full hearing upon complaint or upon the commission's own initiative

without complaint, the commission is of the

opinion that the divisions of joint rates betweenthe public utilities are or will be unjust, unreason-

able, inequitable or unduly preferential or prejudicial as between the public utilities partiesthereto, whether agreed upon by such publicutilities or otherwise established, the commission

shall, by order, prescribe the just, reasonable andequitable divisions thereof to be received by theseveral public utilities In cases where the joint

rate was established pursuant to the finding ororder of the commission and the divisions thereto

are found by the commission to have been unjust, unreasonable or inequitable, or unduly preferen-

tial or prejudicial, the commission may also byorder determine what, for the period subsequent

to the filing of the complaint or petition or themaking of the order of investigation, would havebeen the just, reasonable and equitable division

thereof to be received by the several public utilities and require adjustment to be made inaccordance therewith

4) In so prescribing and determining thedivisions of joint rates, the commission shall givedue consideration, among other things, to

a) The efficiency with which the publicutilities concerned are operated,

b) The amount of revenue to pay theirrespective operating expenses, taxes and a fairreturn on their public utility property held forand used in service,

c) The importance to the public of the services of such public utilities,

d) Whether any particular participatingpublic utility is an originating, intermediate or

delivering utility, ande) Any other fact or circumstance which

ordinarily would entitle one public utility to a

986

SUPERSEDED


greater or less proportion of the joint rate than

another [ Amended by 1971 e sea § 741

757.250 Standards and appliances for

measuring service ( 1) The commission shallascertain and prescribe for each kind of public

utility suitable and convenient standard commercial units of service These shall be lawful units

for the purposes of this chapter

2) The commission shall ascertain and fixadequate and serviceable standards for the meas-

urement of quality, pressure, initial voltage or

other conditions pertaining to the supply of theservice rendered by any public utility and pro- scribe reasonable regulations for examination

and testing of such service and for the measurement thereof It shall establish reasonable rules, regulations, specifications and standards to

secure the accuracy of all meters and appliances

for the measurements, and every public utility isrequired to carry into effect all orders issued bythe commission relative thereto [ Amended by 1971c 655 $ 75]

757, 255 Testing of measuring

appliances. ( 1) The commission may providefor the examination and testing of any and all

appliances used for the measuring of any serviceof a public utility, and may provide by rule thatno such appliance shall be installed and used for

the measuring of any service of any public utilityuntil it has been examined and tested by thecommission and found to be accurate

2) The commission shall declare and estab-

lish a reasonable fee governing the cost of suchexamination and test, which shall be paid to the

commission by the public utility

3) The commission shall declare and estab-

lish reasonable fees for the testing of suchappliances on the application of the customer, the

fee to be paid by the customer at the time of thecustomer' s request, but to be repaid to the cus-

tomer by the commission and to be paid by thepublic utility if the appliance is found defective orincorrect to the disadvantage of the customer orused beyond such reasonable limit as may beprescribed by the commission

4)' All fees collected under the provisions of

this section shall be paid by the commission intothe State Treasury

5) The commission may purchase suchmaterials, apparatus and standard measuringinstruments for the examination and tests as the

commission deems necessary [ Amended by 1971 e 655676]

757.259 Amounts includable in rateschedule; deferral; limit in effect on rates

by amortization. ( 1) In addition to powersotherwise vested in the commission, and subject

to the limitations contained in subsection ( 6) ofthis section, under amortization schedules set bythe commission, a rate or rate schedule may

reflect the following

a) Amounts lawfully imposed retroactivelyby order of another governmental agency, or

b) Amounts deferred under subsection ( 2) ofthis section

2) Upon application of a utility or ratepayeror upon the commission' s own motion and after

public notice and opportunity for comment, thecommission by order may authorize deferral ofthe following amounts for later incorporation inrates

a) Amounts incurred by a utility resultingfrom changes in the wholesale price of natural gas

or electricity approved by the Federal EnergyRegulatory Commission,

b) Balances resulting from the administration of Section 5( c) of the Pacific Northwest

Electric Power Planning and Conservation Act of1980, or

c) Utility expenses or revenues, the recoveryor refund of which the commission finds should

be deferred in order to minimize the frequency ofrate changes or the fluctuation of rate levels or to

match appropriately the costs borne by and benefits received by ratepayers

3) The commission may authorize deferralsunder subsection ( 2) of this section beginningwith the date of application, together with inter-

est established by the commission A deferralmay be authorized for a period not to exceed 12months after the date of application

4) Unless subject to an automatic adjust-

ment clause under ORS 757210 ( 1), amountsdescribed in this section shall be allowed in rates

only to the extent authorized by the commissionin a proceeding to change rates under ORS757 210 and upon review of the utility' s earningsat the time of application to amortize the deferral

5) Amounts that have accrued in deferredaccounts with commission authorization before

July 10, 1987, also may be reflected in ratesHowever, in order to continue to use such

accounts the public utility shall apply for authorization of the commission under subsection ( 2) of this section

6) In any one year, the overall average rateimpact of the amortizations authorized under

this section shall not exceed three percent of the

987

SUPERSEDED

757.270 UTILITIES- RAILROADS AND OTHER CARRIERS

utility's gross revenues for the preceding calendaryear

7) The provisions of this section shall not

apply to a telecommunications public utility p9sic 663 § 2]

757 260 [ Amended by 1971 c 655 § 18 renumbered7560751

757 265 [ Repealed by 1971 c 6n5 § 2591


757.270 Definitions for ORS 757.270

to 757.290. As used in ORS 757 270 to 757 290, unless the context requires otherwise

1) " Attachment" means any wire or cable forthe transmission of intelligence by telegraph, telephone or television ( including cable television), light waves, or other phenomena, or for thetransmission of electricity for light, heat orpower, and any related device, apparatus, or auxiliary equipment, installed upon any pole or inany telegraph, telephone, electrical, cable teleri-

sion or communications right -of -way, duct, conduit, manhole or handhoie or other similarfacility or facilities owned or controlled, in wholeor in part, by one or more public utility or people' sutility district

2) " Licensee" means any person, firm, corporation, partnership, company, association, joint

stock association or cooperatively organized association which is authorized to construct attach-

ments upon, along, under or across the publicways

3) " Public utility" means any electrical company, telephone company or telegraph company, as defined in ORS 757 005, and does not includeany entity cooperatively organized or owned byfederal, state or local government, or a subdivision of state or local government

4) " People' s utility district" means any concern providing electricity organized pursuant to

ORS 261010 and includes any entity cooperatively organized or owned by federal, state orlocal government or a subdivision of state or local

government 11979c256§ 21

757. 273 Attachments by licensees topublic utility facilities regulated. The Pub- lic Utility Commission of Oregon shall have theauthority to regulate in the public interest the

rates, terms and conditions for attachments bylicensees to poles or other facilities of publicutilities All rates, terms and conditions made,

demanded or received by any public utility forany attachment by a licensee shall be just, fairand reasonable 11979 c ash § 31

757 276 Attachments by licensees topeople' s utility districts regulated. The Pub- lic Utility Commission of Oregon shall have theauthority to regulate the rates, terms and conditions for attachments by licensees to poles orother facilities of people' s utility districts Allrates, terms and conditions made, demanded or

received by any people' s utility district for anyattachment by a licensee shall be ,lust, fair andreasonable 11979 e 356 §4, 1987 e 414 § i64i

757.279 Fixing rates or charges bycommission; cost of hearing. ( 1) Wheneverthe Public Utility Commission of Oregon finds, after hearing had upon complaint by a licensee, apublic utility or a people' s utility district that therates, terms or conditions demanded, exacted, charged or collected in connection with attach-

ments or availability of surplus space for suchattachments are unjust or unreasonable, or that

such rates or charges are insufficient to yield a

reasonable compensation for the attachment and

the costs of administering the same, the commission shall determine the lust and reasonable rates, terms and conditions thereafter to be observed

and in force and shall fix the same by order Indetermining and fixing such rates, terms andconditions, the commission shall consider the

interest of the customers of the licensee, as well as

the interest of the customers of the public utilityor people' s utility district which owns the facilityupon which the attachment is made

2) When the order applies to a people' sutility district, the order shall also provide forpayment by the parties of the cost of the hearingThe payment shall be made in a manner whichthe commission considers equitable [ 1979 c' 356 § 5,

1983 c 251911987 c 414 § 1651

757.282 Criteria for a just and reasonable rate for attachments. A just and reason-

able rate shall assure the public utility or the

people' s utility district the recovery from thelicensee of not less than all the additional costs of

providing and maintaining pole attachmentspace for the licensee nor more than the actual

capital and operating expenses, including justcompensation, of the public utility or people' sutility district attributable to that portion of thepole, duct or conduit used for the pole attach -

ment, including a share of the required supportand clearance space in proportion to the space

used for pole attachment above minimum attach-

ment grade level, as compared to all other usesmade of the subject facilities, and uses whichremain available to the owner or owners of the

subject facilities 11979 c a66 § 61757. 285 Presumption of reason-

ableness of rates set by private agreement.

988

SUPERSEDED


Agreements regarding rates, terms and conditions of attachments shall be deemed to be lust, fair and reasonable, unless the commission finds

upon complaint by a public utility, people' s utilitydistrict or licensee party to such agreement andafter hearing, that such rates, terms and conditions are adverse to the public interest and fail to

cumply with the provisions hereof 11979 c 356 § 7, 1987 c 414 § 1661

757 287 Application to electrical utilityattachments Nothing in ORS 757 270 to757 290 shall be deemed to apply to any attachment by one or more electrical utilities on thefacilities of one or more other electrical utilities

1979 c 356 § 81

757. 290 Regulatory procedures. Theprocedures of the commission for petition, regulation and enforcement relative to attachments,

including any rights of appeal from any decisionthereof, shall be the same as those otherwise

generally applicable to the commission [ 1979 c 8569 1987 c 414 § 167]

ILLEGAL PRACTICES

757 305 [ Amended by 1971 c 655 §77, repealed by 1979c 190 § 4911

757. 310 Unjust discrimination incharges for service. ( 1) Except as provided in

ORS 757 315, no public utility or any agent orofficer thereof shall, directly or indirectly, by anydevice, charge, demand, collect or receive from

any person a greater or less compensation for anyservice rendered or to be rendered by it than

a) That prescribed in the public schedules or

tariffs then in force or established, or

b) It charges, demands, collects or receives

from any other person for a like and contemporaneous service under substantially similar circumstances A difference in rates or chargesbased upon a difference in classification pursuant

to ORS 757 230 shall not constitute a violation ofthis paragraph

2) Any public utility violating this section isguilty of unjust discrimination [ Amended by 1971c 655 § 78, 1y87 c 9u9 § 21

757. 315 Transactions not constitutingunjust discrimination. ( 1) ORS 757 310 does

not prevent any public utility from giving freeservice, or reduced rates therefor, to

a) Its officers, directors, employes and mem-

bers of their families,

b) Former employes of such public utilities

or members of their families where such former

employes have become disabled in the service of

such public utility or are unable from physicaldisqualification, including retirement, to continue in the service, or

c) Members of families of deceased employes

of such public utility

2) The commission may require any publicutility to file with the commission a list, verifiedunder oath, of all free or reduced rate privileges

granted by a public utility under the provisions ofthis section [ Amended by 1971 c 655 9791

757.320 Reducing rates for personsfurnishing part of necessary facilities ( 1) No public utility shall demand, charge, collect orreceive from any person less compensation forany service rendered or to be rendered by thepublic utility in consideration of the furnishingby such person of any part of the facilities incident thereto

2) This section does not prohibit any publicutility from renting any customer' s facilities incident to providing its services and for paying areasonable rental therefor

3) This section does not require a public

utility to furnish any part of such applianceswhich are situated in and upon the premises of

any customer, except meters and appliances formeasurements of any service, unless otherwise

ordered by the commission [ Amended by 1971 c 655801

757 325 Undue preferences and preju-

dices. ( 1) No public utility shall make or giveundue or unreasonable preference or advantage to

any particular person or locality, or shall subjectany particular person or locality to any undue orunreasonable prejudice or disadvantage in anyrespect

2) Any public utility violating this section isguilty of unjust discrimination

757.330 Soliciting or accepting specialprivileges from utilities. No person shall

knowingly solicit, accept or receive any rebate, concession or discrimination in respect to anyservice whereby any such service shall, by anydevice, be rendered free or at a lesser rate thanthat named in the published schedules and tariffs

in force, or whereby any service or advantage isreceived other than authorized in this chapter

Amended by 1971 c 655 § 811

757 335 [ Amended by 1971 c655 § 25, renumbered

156 1851


756 1251

989

757 345 [ Repealed by 1971 c 655 § 250]

757 350 [ Repealed by 1971 c 655 § 2501

SUPERSEDED


757.355 Costs of property not presently providing utility service excluded

from rate base. No public utility shall, directlyor indirectly, by any device, charge, demand, collect or receive from any customer rates whichare derived from a rate base which includes

within it any construction, building, installationor real or personal property not presently used forproviding utility service to the customer [ 1979 c 3621


757.400 Definition of "stocks." As usedin ORS 757 400 to 757 450, " stocks" meansstocks, stock certificates or other evidence of

interest or ownership

757.405 Power to regulate issuance of

utility securities. The power of public utilitiesto issue stocks and bonds, notes and other evidences of indebtedness and to create liens on

their property situated within this state is aspecial privilege, the right of supervision, regula-

tion, restriction and control of which is and shall

continue to be vested in the state Such power

shall be exercised as provided by law and undersuch rules and regulations as the commission mayprescribe

757.410 When issuance of securities isvoid. All stocks and bonds, notes or other evi-

dences of indebtedness, and any secunty of apublic utility shall be void when issued

1) Without an order of the commission

authorizing the same then in effect except asprovided in ORS 757 415 ( 3)

2) With the authorization of the commis-

sion, but not conforming in its provisions to theprovisions, if any, which it is required by theorder of authorization of the commission to con-

tain, but no failure to comply with the terms orconditions of the order of authorization of the

commission and no informality or defect in theapplication or in the proceedings in connection

therewith or with the issuance of such order shall

render void any stock or bond, note or otherevidence of indebtedness, or security issued pur-

suant to and in substantial conformity with anorder of the commission, except as to a person

taking the same otherwise than in good faith andfor value and without actual notice

757. 415 Purposes for which securities

and notes may be issued; order required. 1) A public utility may issue stocks and bonds,

notes and other evidences of indebtedness, and

securities for the following purposes and no others, except as otherwise permitted by subsection4) of this section

a) The acquisition of property, or the construction, completion, extension or improvement

of its facilities

b) The improvement or maintenance of itsservice

c) The discharge or lawful refunding of itsobligations

d) The reimbursement of money actuallyexpended from income or from any other moneyin the treasury of the public utility not secured byor obtained from the issue of stocks or bonds, notes or other evidences of indebtedness, or

securities of such public utility, for any of thepurposes listed in paragraphs ( a) to ( c) of thissubsection except the maintenance of service and

replacements, in cases where the applicant haskept its accounts and vouchers for such expendi-

tures in such manner as to enable the commission

to ascertain the amount of money so expendedand the purposes for which such expenditures

were made

e) The compliance with terms and condi-

tions of options granted to its employes to pur-

chase its stock, if the commission first finds that

such terms and conditions are reasonable and in

the public interest

2) Before issuing such securities a publicutility, in addition to the other requirements oflaw, shall secure from the commission upon

application an order authorizing such issue, stat-

ing

a) The amount of the issue and the purposesto which the issue or the proceeds thereof are to

be applied, and

b) In the opinion of the commission, the

money, property or labor to be procured or paidfor by such issue reasonably is required for thepurposes specified in the order and compatible

with the public interest, which is necessary orappropriate for or consistent with the proper

performance by the applicant of service as apublic utility, and will not impair its ability toperform that service, and

c) Except as otherwise permitted in the

order in the case of bonds, notes or other evi-

dences of indebtedness, such purposes are not, in

whole or in part, reasonably chargeable to operating expenses or to income

3) This section and ORS 757 410 apply todemand notes but do not apply to the issuance orrenewal of a note or evidence of indebtedness

maturing not more than one year after date ofsuch issue or renewal

4) Nothing in ORS 757 400 to 757 450 shallprevent issuance of stock to stockholders as a

990

SUPERSEDED

UTILITY REGULATION GENERALLY 757 435

stock dividend if there has been secured from the

commission an order

a) Finding that the stock dividend is compatible with the public interest,

b) Authorizing such issue and a transfer ofsurplus to capital in an amount equal to the par orstated value of the stock so authorized, and

c) Finding that a sum equal to the amount tobe so transferred was expended for the purposesenumerated in subsection ( 1) of this section

Amended by 1961 c 319 § 11

757. 417 Limitation on application of

ORS 757. 415. ORS 757 415 does not apply tothe issuance, renewal or assumption of labilityon any evidence of indebtedness when such issuance, renewal or assumption is for the purpose of

acquiring specific real or personal property, if theaggregate principal amount thereof, together with

all other then outstanding evidences of indebtedness issued, renewed or assumed under this sec-

tion, does not exceed whichever is the greater of

the following amounts1) The amount of $75,000

2) The amount of one -half of one percent ofthe sum of

a) The total principal amount of all bonds or

other securities representing secured indebted-

ness of the public utility issued or assumed andthen outstanding, and

b) The capital and surplus as then stated on

the books of account of the public utility 11971L 655 § 881

757. 419 Limitation on application of

ORS 757. 480. ORS 757 480 does not apply toany mortgage or other encumbrance upon any

real or personal property given to secure payment

of any evidence of indebtedness issued under

ORS 757 415 11971 c 655 § 891

757. 420 Hearings and supplemental

orders relating to issuance of securities; joint approval of issuance by interstateutility. ( 1) To enable the commission to determine whether the commission will issue an order

under ORS 757 415, the commission may hold ahearing and may make such additional inquiry orinvestigation, examine such witnesses, books, papers, documents and contracts and require the

filing of such data as the commission deemsnecessary The application for such order shall begiven priority and shall be disposed of by thecommission within 30 days after the filing of suchapplication, unless that period is extended with

the consent of the public utility

2) The commission may, upon application ofthe public utility, after opportunity for hearing

991

and for good cause shown, make such supplemen-

tal orders in the premises as the commission finds

necessary or appropriate, and may by any suchsupplemental order modify the provisions of anyprevious order as to the particular purposes, uses,

extent to which, or the condition under which,

any security theretofore authorized or its proceeds may be applied Such supplemental ordersare subject to the requirements of ORS 757 415The period of time permitted under subsection

1) of this section for disposing of applicationsshall not apply to supplemental orders

3) If a commission or other agency isempowered by another state to regulate and control the amount and character of securities to be

issued by any public utility within such otherstate, the commission of Oregon has power to

agree with such commission or agency of such

other state on the issue of stocks, bonds, notes,

other evidences of indebtedness or securities by apublic utility owning or operating a public utilityboth in such state and in this state, and has power

to approve such issue jointly with such commis-

sion or agency and to issue a joint certificate ofsuch approval However, no such joint approval isrequired in order to express the consent to and

approval of such issue by the State of Oregon ifthe issue is separately approved by the Oregoncommission

757.425 State not obligated followingapproval of issuance. No provision of ORS

757 405 to 757 450, and no deed or act done orperformed under or in connection therewith,

shall be held or construed to obligate the State of

Oregon to pay or guarantee, in any manner whatsoever, any stock or bond, note or other evidenceof indebtedness, authorized, issued or executed

under the provisions of ORS 757 405 to 757 450

757.430 Conditional approval of issu-

ance authorized. The commission may byorder grant permission for the issue of stocks or

bonds, notes or other evidences of indebtednessin the amount applied for, or in a lesser amount,

or not at all, and may attach to the exercise of thepermission such condition or conditions as the

commission deems reasonable and necessary

757.435 Disposal of proceeds fromissuance of securities. ( 1) No public utilityshall, without the consent of the commission,

apply the issue of any stock or bond, note or otherevidence of indebtedness, or any part or proceeds

thereof, to any purpose not specified in the commission' s order, or to any purpose specified in thecommission' s order in excess of the amount

authorized for such purpose, or issue or dispose of

the same on any terms less favorable than thosespecified in such order, or a modification thereof

SUPERSEDED

757 440 UTILITIES; RAILROADS AND OTHER CARRIERS

2) The commission has power to require

public utilities to account for the disposition ofthe proceeds of all sales of stocks and bonds, notesand other evidences of indebtedness, in such form

and detail as the commission deems advisable, and to establish such rules and regulations as the

commission deems reasonable and necessary toinsure the disposition of such proceeds for thepurpose or purposes specified in the order

757. 440 Approval required before util-

ity may guarantee another' s indebtedness. No public utility shall assume any obligation orliability as guarantor, indorser, surety or otherwise in respect to the securities of any otherperson, firm or corporation, when such securitiesare payable at periods of more than 12 months

after the date thereof, without first havingsecured from the commission an order authoriz-

ing it so to do Every assumption made other thanin accordance with such an order is void

757. 445 Wrongful issues or use of pro-

ceeds by utility. No public utility shall directlyor indirectly, issue or cause to be issued any stockor bond, note or other evidence of indebtedness,

in nonconformity with the order of the commission authorizing the same or contrary to theprovisions of ORS 757 400 to 757 450, or of theconstitution of this state, or apply the proceedsfrom the sale thereof, or any part thereof, to anypurpose other than the purposes specified in the

commission' s order, or to any purpose specifiedin the commission' s order in excess of the amount

in the order authorized for such purpose

757. 450 Wrongful acts relating to issuance of securities. No person shall

1) Knowingly authorize, direct, aid in, issueor execute, or cause to be issued or executed, anystock or bond, note or other evidence of indebted-

ness, in nonconformity with the order of thecommission authorizing the same, or contrary tothe provisions of ORS 757 400 to 757 450 or ofthe Constitution of this state

2) In any proceeding before the commission, knowingly make any false statement or representation or with knowledge of its falsity file or causeto be filed with the commission any false statement or representation which may tend in anyway to influence the commission to make anorder authorizing the issue of any stock or bond, note or other evidence of indebtedness, or which

results in procuring from the commission themaking of any such order

3) With knowledge that any false statementor representation was made to the commission in

any proceeding tending in any way to influencethe commission to make such order, issue,

execute or negotiate, or cause to be issued,

executed or negotiated, any stock or bond, note orother evidence of indebtedness

4) Directly or indirectly, knowingly apply, orcause or assist to be applied, the proceeds, or anypart thereof, from the sale of any stock or bond, note or other evidence of indebtedness, to anypurpose not specified in the commission's order,

or to any purpose specified in the commission' sorder in excess of the amount authorized for suchpurpose

5) With knowledge that any stock or bond, note or other evidence of indebtedness, has been

issued or executed in violation of ORS 757 400 to757 450, negotiate, or cause the same to be negoti-

ated

TRANSACTIONS INVOLVING

UTILITIES

757.480 Approval needed prior to disposal, mortgage or encumbrance of

operative utility property or consolidation

with another public utility. ( 1) No publicutility doing business in Oregon shall, withoutfirst obtaining the commission' s approval of suchtransaction

a) Sell, lease, assign or otherwise dispose of

the whole of the property of such public utilitynecessary or useful in the performance of itsduties to the public or any part thereof of a valuein excess of $ 10,000, or sell, lease, assign or

otherwise dispose of any franchise, permit orright to maintain and operate such public utilityor public utility property, or perform any service

as a public utility, or

b) Mortgage or otherwise encumber the

whole or any part of the property of such publicutility necessary or useful in the performance ofits duties to the public, including any franchise, permit or right to maintain and operate such

public utility or public utility property, or per-

form any service as a public utility, orc) By any means whatsoever, directly or

indirectly, merge or consolidate any of its lines, plant, system or other property whatsoever, or

franchise or permit to maintain or operate anypublic utility property, or perform any service as

a public utility, or any part thereof, with any

other public utility

2) Every such sale, lease, assignment, mortgage, disposition, encumbrance, merger or consolidation made other than in accordance with

the order of the commission authorising the sameis void

3) This section does not prohibit or invali-

date the sale, lease or other disposition by any

992

SUPERSEDED


public utility of property which is not necessaryor useful in the performance of its duties to the

public [ Fnrmerh 717 1)') l

757. 485 Purchase of property or stocksof one utility by another. ( 1) No public utilityshall, directly or indirectly, purchase, acquire orbecome the owner of any of the stocks or bonds orproperty utilized for utility purposes and having avalue in excess of $ 10, 000 of any other publicutility unless authorized so to do by the commission

2) Every contract by any public utility forthe purchase, acquisition, assignment or transfer

to it of any of the stock of any other public utilityby or through any person, partnership orcorporation without the approval of the commission shall

be void and of no effect, and no such transfer or

assignment of such stock upon the books of the

corporation pursuant to any such contract iseffective for any purpose [ Formerh 757 1601

757. 490 Approval needed for certaincontracts. ( 1) Before any public utility doingbusiness in this state enters into a contract withanother corporation with relation to the con-

struction, operation, maintenance or use of the

property of said public utility in Oregon, or theuse of the property of the other contracting party, or any part thereof, or for service, advice, engineering, financing, rentals, leasing or for anyconstruction or management charges in respect of

any such property, or for the purchase of property, materials or supplies, the proposed contractshall be filed with the commission for the investi-

gation and approval when the public utility ownsa majority of or controls directly or indirectly thevoting stock of the other contracting corporations

2) When any such proposed contract hasbeen filed with the commission, the commission

shall promptly investigate and act upon it in

accordance with ORS 757 495 ( 3) and ( 5)

3) In making such investigation the commission and accountants, examiners and agents,

appointed by the commission for the purpose, shall be given free access to all books, books ofaccount, documents, data and records of the pub-

lic utility as well as of the corporation with whichit is proposing to contract, which the commissionmay deem material to the investigation Thefailure or refusal of either of the parties to the

proposed contract to comply with this subsectionis prima facie evidence that such contract is

unfair, unreasonable and contrary to public interest, and is sufficient to justify a determinationand finding of the commission to that effect, which has the same force and effect as any other

determination or order of the commission [ For

merh 757 1651

757.495 Contracts involving utilitiesand persons with affiliated interests. ( 1) No

public utility doing business in this state shallmake or contract to make any payment, directlyor indirectly, to any person or corporation havingan affiliated interest, for service, advice, auditing, accounting, sponsoring, engineering, managing,

operating, financing, legal or other services, orenter any charges therefor on its books, whichshall be recognized as an operating expense orcapital expenditure in any rate valuation or any

other hearing or proceeding, until the proprietyand reasonableness of any such payment, or contract for payment, has been submitted to and

approved by the commission

2) No public utility doing business in thisstate shall enter into any contract, oral or written,

with any person or corporation having an affiliated interest relating to the construction, operation, maintenance, leasing or use of the propertyof such public utility in Oregon, or the purchaseof property, materials or supplies, which shall berecognized as the basis of an operating expense orcapital expenditure in any rate valuation or any

other hearing or proceeding, unless and until suchproposed contract has been submitted to and

approved by the commission

3) When any such proposed contract hasbeen submitted to the commission, the commis-

sion promptly shall examine and investigate it If, after such investigation, the commission deter-

mines that it is fair and reasonable and not

contrary to the public interest, the commissionshall enter findings and order to this effect and

serve a copy thereof upon the public utility, whereupon the contract may lawfully be recognized for the purposes entered into if, after such

investigation, the commission determines that

the contract is not fair and reasonable in all its

terms and is contrary to the public interest, thecommission shall enter findings and order

accordingly and serve a copy thereof upon thepublic utility, and it shall be unlawful to recognizethe contract for the purposes specified in this

section

4) No public utility shall issue notes or loanits funds or give credit on its books or otherwise

to any person or corporation having an affiliatedinterest, either directly or indirectly, without theapproval of the commission

5) The action of the commission withrespect to all the matters described in this section

when submitted to the commission, shall be byfindings and order to be entered within 90 days

993

SUPERSEDED


after the matter has been submitted to the com-

mission for consideration, and the findings and

order of the commission with respect to any ofsuch matters shall be and remain in full force andeffect, unless and until set aside by suit broughtand prosecuted, as provided in ORS 756 580 to

756 610 and the public utility, or any otherperson or corporation affected by any such findings and order may bring and prosecute suchSuit 1Funnerh 717 1701

757. 500 Contracts between certain

public utilities. When any public utility is primarily engaged in another enterprise and is only

indirectly engaged in the production, transmission, delivery or furnishing of heat, light, water orpower to or for the public by reason of a contractor agreement, express or implied, between itself

and another public utility which is directlyengaged in such business, the jurisdiction of the

commission over such public utility extends only

to the right to modify, control, rescind, alter oramend any such existing contract or agreementwhere the interest of the customers of such public

utility directly engaged in such businessdemands No such contract or agreement is valid

or enforceable until it has been approved by thecommission as being in the public interest [ For- merly 757 175]

757 505 Repealed by 1971 c 655 § 250]

757. 506 Findings and policy regardingexercise of influence over utility by personnot engaged in utility business. ( 1) The Leg- islative Assembly finds and declares that

a) The protection of customers of public

utilities which provide heat, light or power is a

matter of fundamental state -wide concern,

b) Existing legislation requires the commission' s approval of one public utility' s acquisition

of another public utility' s stocks, bonds and certain property used for utility purposes, but doesnot require the commission' s approval of such

acquisitions by persons not engaged in the publicutility business in Oregon, and

c) An attempt by a person not engaged in thepublic utility business in Oregon to acquire thepower to exercise any substantial influence overthe policies and actions of an Oregon public

utility which provides heat, light or power couldresult in harm to such utility's customers, including but not limited to the degradation of utilityservice, higher rates, weakened financial struc-

ture and diminution of utility assets

2) It is, therefore, the policy of the State ofOregon to regulate acquisitions by persons notengaged in the public utility business in Oregon of

the power to exercise any substantial influenceover the policies and actions of an Oregon public

utility which provides heat, light or power in themanner set forth in this section and ORS 757 511

in order to prevent unnecessary and unwarranted

harm to such utilities' customers [ 1985 L 632 § 21

757 510 [ Repealed by 1971 e 655 § 2501

757 511 Application for authority toexercise influence over utility; contents ofapplication; issuance of order; dissemina-

tion of information about acquisition. ( 1)

No person, directly or indirectly, shall acquire thepower to exercise any substantial influence overthe policies and actions of a public utility whichprovides heat, light or power without first secur-

ing from the commission, upon application, anorder authorizing such acquisition if such person

is, or by such acquisition would become, an affiliated interest with such public utility as defined inORS 757 015 ( 1), ( 2) or (3)

2) The application required by subsection1) of this section shall set forth detailed informa-

tion regarding

a) The applicant' s identity and financialability,

b) The background of the key personnelassociated with the applicant,

c) The source and amounts of funds or otherconsideration to be used in the acquisition,

d) The applicant's compliance with federal

law in carry mg out the acquisition,

e) Whether the applicant or the key personnel associated with the applicant have violated

any state or federal statutes regulating the activities of public utilities,

f) All documents relating to the transactiongiving rise to the application,

g) The applicant' s experience in operatingpublic utilities providing heat, light or power,

h) The applicant's plan for operating thepublic utility,

1) How the acquisition will serve the public

utility' s customers in the public interest, and

q) Such other information as the commissionmay require by rule

3) The commission promptly shall examineand investigate each application received pur-

suant to this section and shall issue an order

disposing of the application within 19 businessdays of its receipt If the commission determines

that approval of the application will serve the

public utility' s customers in the public interest, the commission shall issue an order granting the

994

SUPERSEDED


application The commission may condition anorder authorizing the acquisition upon the applicant' s satisfactory performance or adherence tospecific requirements The commission otherwise

shall issue an order denying the application Theapplicant shall bear the burden of showing thatgranting the application is in the public interest

4) Nothing in this section shall prohibitdissemination by any party of information concerning the acquisition so long as such dissemination is not otherwise in conflict with state or

federal law [ 1985 c 632 § 31


757 520 [ Repealed by 1971 c 655 § 250]

757 525 [ Repealed by 1971 c 655 § 250]

757,530 [ Repealed by 1971 c 655 § 2501

757 535 [ Repealed by 1971 c 655 § 2501


7565681

EXCAVATION REGULATION

757. 541 Definitions for ORS 757.541to 757. 571 As used in ORS 757 541 to 757 571, unless the context requires otherwise

1) " Business day" means any 24 -hour dayother than a Saturday, Sunday or federal, state orlocal legal holiday

2) " Damage" means harm to, or destruction

of, underground facilities including, but not limited to, the weakening of structural, lateral orsubjacent support, the penetration, impairment

or destruction of any coating, housing or otherprotective device, and the denting of, penetrationinto or severance of underground facilities

3) " Emergency" means any condition constituting an immediate danger to life or property, or a customer service outage

4) " Excavation" means any operation inwhich earth, rock or other material on or below

the ground is moved or otherwise displaced byany means, except sidewalk, road and ditch maintenance less than 12 inches in depth that does notlower the road grade or onginal ditch flow line

Excavation" does not include the tilling of soilfor agricultural purposes, as defined in ORS

215 203 ( 2), conducted on private property that isnot within the boundaries of a recorded right of

way or easement for underground facilities5) " Excavator" means any person who

engages in excavation

6) " Locatable underground facilities" means

underground facilities which can be marked withreasonable accuracy

7) " Mark" means the use of stakes, paint or

other clearly identifiable material to show thefield location or absence of underground facilities

8) " Reasonable accuracy" means a distancemeasured from the outside lateral dimensions of

an underground facility, as the commission, byrule, may prescribe

9) " Response" means action by the owners ofunderground facilities to mark or identify byother means the location of its locatable under-

ground facilities in the area of the proposed

excavation, to notify the excavator that there areunlocatable underground facilities in the area of

the proposed excavation, to notify the excavatorthat there are no underground facilities in the

area of the proposed excavation or to notify theexcavator that there are underground facilities in

the area of the proposed excavation which are at a

depth greater than the excavator plans to dig10) " Underground facilities" means items

below the surface of the ground for use in connection with the storage or conveyance of electrical

energy, water, sewage, petroleum products, gas, gaseous vapors or hazardous liquids, or the trans-

mission of electronic, telephonic, telegraphic or

cable communications Such items include, butare not limited to, pipes, sewers, conduits, cables,

valves, lines, wires, manholes, attachments and

those parts of poles or anchors which are under-

ground

11) " Unlocatable underground facilities"

means underground facilities which cannot be

marked with reasonable accuracy, including non- conductive sewers and nonmetallic underground

facilities that have no trace wires

12) " Utilities notification system" means a

system through which a person can notify theowners of underground facilities of proposed

excavations and request that the underground

facilities be marked 11987 c 599 § 11757 545 [ Repealed by 1971 c 655 §2501

757. 546 Project plans to notifyexcavator of law requirements. Project plans

shall contain language notifying the excavatorperforming the project that the excavator mustcomply with the provisions of ORS 757 541 to757 571 [ 1987 a 599 § 21

757 550 [ Repealed by 1971 c 655 § 2501

757. 551 Excavator to give notice ofproposed work; exemption. ( 1) Except asprovided in subsection ( 2) of this section, at least

48 business day hours, but not more than 10business days before commencing an excavation, the excavator shall notify a utilities notificationsystem of the date, location and depth of the

995

SUPERSEDED


proposed excavation, and the type of work to be

performed Notifying a utilities notification system constitutes notice only to the participatingmembers of that service If no utilities notification system is available, or if the owner of under-

ground facilities is not a member of a utilitiesnotification system the excavator shall give the

same notice to each owner of underground facilities who is known to the excavator or who can beidentified and contacted by the excavator

2) The notice requirement of subsection ( 1)

of this section shall not apply if the excavator isan employe or tenant of an owner of private

property, the excavation is on the private prop-

erty of that owner and the excavation is less than12 inches in depth and the excavation is notwithin an established easement

3) The excavator, when giving notice incompliance with subsection ( 1) of this section,

shall furnish information as to how the excavator

can be contacted 11987 c 599 § 31757 555 [ Amended by 1971 c655 § 49, renumbered

756 555]

757 556 When excavator exempt from

giving notice ( 1) The excavator is exempt fromproviding at least 48 business day hours priornotice when

a) The excavator is responding to an emergency

b) The excavator has an agreement with

each owner of underground facilities that markswill be provided on a regular basis as theexcavator progresses through a project of more

than one day' s durationc) The excavator has an agreement with

each owner of underground facilities that the

notice required by this section is unnecessaryd) The excavator discovers an underground

facility in an area where the owner of underground facilities had previously indicated therewere no facilities

2) Notwithstanding paragraphs ( a) and ( b) of subsection ( 1) of this section, the excavator

shall notify the utilities notification system or theowner of underground facilities of the proposed

excavation prior to commencing or continuingexcavations

3) Notwithstanding paragraph (d) of subsection ( 1) of this section, if an excavator discovers

underground facilities in an area where the owner

of underground facilities had previously statedthere were no underground facilities, the

excavator shall notify the utilities notificationsystem of the location and depth of the under-

ground facilities If no utilities notification sys-

tem is available, the excavator shall notify theowner of the underground facilities and the owner

of the property upon which the undergroundfacilities were discovered p987 L 599 § 51

757 560 [ Repealed by 1971 c 655 §2501

757. 561 Owner to mark facilities ornotify excavator that none exist; rules. ( 1) Except as provided in subsection ( 2) of thissection, within 48 business day hours after theexcavator notifies a utilities notification system

or the owner of underground facilities of a proposed excavation, the owner of the underground

facilities shall

a) Mark with reasonable accuracy all of itslocatable underground facilities within the area of

the proposed excavation All marks should indicate the name, initials or logo of the owner of theunderground facilities and the width of the facil-

ity if it is greater than two inches,

b) Provide the excavator the best description available to the owner of the unlocatable

underground facilities in the area of the proposedexcavation,

c) Notify the excavator that in the area ofthe proposed excavation there are underground

sewer or storm drain facilities which are not

marked because those facilities are at a depthgreater than the excavator plans to dig, or

d) Notify the excavator that the owner doesnot have any underground facilities in the area ofthe proposed excavation

2) If the excavator notifies the owner of

underground facilities of an excavation in

response to an emergency, the owner of underground facilities shall comply with subsection ( 1) of this section as soon as possible

3) The Public Utility Commission shalladopt rules designating the color with whichunderground facilities shall be marked

4) Each mark shall be effective for not more

than 10 days from the date it is made ( 1987 L599 §41

757 565 [ Repealed b) 1971 c 655 § 2501

757. 566 Delay of excavation untilresponse from facility owners; duty ofexcavator to use care; damage to facilities.

1) The excavator shall not commence a proposed

excavation which requires notice under ORS757 541 to 757 571 until a response is received

from each owner of underground facilities in the

area of the proposed excavation, or until 48

business day hours have elapsed from the time ofnotification

2) Once underground facilities have beenmarked, the excavator shall

996

SUPERSEDED


a) Maintain marks during the excavationperiod to insure that the original marks remain

effective not to exceed 10 days and can be

reestablished

b) Use reasonable care to expose the under-

ground facilities through excavations by hand ina safe manner during trenching and other openexcavation

c) Use reasonable care during all other typesof excavation to avoid damaging the undergroundfacilities

3) The excavator shall provide such lateraland subjacent support for underground facilities

as may be reasonably necessary for the protectionof such facilities

4) If the excavator causes or observesdamage to underground facilities, the excavator

shall notify the owner of the underground facilities immediately If the damage causes an emergency, the excavator shall also notify allappropriate local public safety agencies immediately and shall take reasonable steps to insure thepublic safety The excavator shall not burydamaged underground facilities without consentof the owner of the damaged underground facili-

ties 11987 c 599 § 61

757 570 [ Repealed by 1971 c 655 § 2501

757. 571 Public authority not liable forunauthorized installations; effect of law on

powers of governmental agencies. ( 1) The

public authority with jurisdiction over a right of

way is not liable under ORS 757 541 to 757 571for improper or unauthorized installations not

made by the public authority

2) Nothing in ORS 757 541 to 757 571 shalllimit or affect any of the powers granted to cities, counties, the Department of Transportation or

the Public Utility Commission [ 1987 c 599 §§ 7, 8]

757 575 [ Repealed by 1971 c 655 § 2501

757 580 [ Repealed by 1971 c 655 § 2501

757 585 [ Repealed by 1971 c 655 § 2501

757 590 [ Amended by 1971 c b55 § 48 renumbered7565521

757 595 [ Repealed by 1971 c 655 § 2501

757 605 [ 1961 c 691 § 2, 1971 c 655 § 97, renumbered

7584001

757 606 [ Formerly 758 040, renumbered 165 4751

757 610 [ 1961 c 691 § 18, renumbered 758 4051


757 615 ( 1961 c 691 § §3, 11, part renumbered 757 652,

1971 c 655 § 98, renumbered 758 4101


997

757 620 [ 1961 c 691 § 4, renumbered 758 4151757 621 [ Formerly 758 070, renumbered 165 490]

757 625 [ 1961 c 691 § 5, renumbered 758 4201


757 630 [ 1961 c 691 § 6, renumbered 758 4251

757 631 [ Formerly 758 090, renumbered 165 840]

757 635 ( 1961 c 691 § 7, renumbered 7584301


757 640 [ 1961 c 691 § 8, renumbered 758 435]

757 641 [ Formerly 758 110 renumbered 165 8501

757 645 [ 1961 c 691 § 9, renumbered 758 440]

757 650 [ 1961 c 691 § 10, renumbered 7584451

757652 [ Formerly part of 757615, 1965 c242 § 1, renumbered 758 4501

757 655 ( 1961 c 691 § 13 renumbered 758 4551

757 670 [ 1961 c 691 § 14, renumbered 758 4601

757 675 [ 1961 c 691 § 12, 1971 c 655 § 99, renumbered

7584651

757 680 11961 c691 § 15, renumbered 758 470

757 685 11961 c 691 § I6, 1965 c 242 62 1971 c 655

99a, renumbered 758 475]

757 690 f 1961 c 691 § 17 repealed by 1967 c 164 § 4]

EMERGENCY CURTAILMENT OF

ELECTRICITY OR NATURAL ORMANUFACTURED GAS

757.710 Emergency curtailment planrequired; credits for weatherization or

alternate energy devices. ( 1) Any person, asdefined in ORS 758 400, engaged in the sale or

resale of electricity or natural or synthetic gas in

this state shall present for approval by the commission a plan for curtailment of electrical or gas

load in the event of any predictable circumstancethat may jeopardize prolonged continuity of service Utility plans shall be submitted in such formand within such time limits as the commission

shall specify

2) Utility plans may provide for a creditagainst future curtailment for a customer who has

already accomplished a reduction in demand forthe utility's service by installing an alternativeenergy device or by weathenzation or otherinstalled conservation measures equivalent to the

proposed level of curtailment Where the level of

curtailment exceeds the demand reduction pro-

duced, by the conservation measures or installedalternative energy device of the customer, theutility plan may provide for credit against thelevel of curtailment ordered to the extent of the

demand reduction produced by the conservationmeasure or alternate energy device

SUPERSEDED


3) The commission shall approve the feature

of any plan concerning such credit against curtailment to the extent of the demand reduction

produced and shall not penalize either the utilityor the customer, in the event of a curtailment

order, under ORS 757 720 for the amount ofreduced demand [ 1973 c309 § 2, 1975 c606 § lo, 1979

c353 § 11

757.720 Factors to be considered inapproving plan; authority to establish plan; consultation with Department of Energy.

1) Approval ofutility plans for the curtailment ofload shall be based on the following factors

a) The consistency of the plan with thepublic health, safety and welfare,

b) The technical feasibility of implementation of the plan,

c) The effectiveness with which the plan

minimizes the impact of any curtailment, and

d) Consistency with Oregon energy policiesformulated under ORS 176 820, 192 501 to192 505, 192 690, 469 010 to 469 580, 469 533, 469 990, 757 710 and this section

2) In the event of an emergency threateningthe health, safety and welfare of the generalpublic, the commission may on the commission' sown motion and without hearing establish a planfor the curtailment of load by any person referredto in ORS 757 710 Where an emergency is notpresent, the commission shall prior to approval

hold public hearings with respect to any proposedplan and give reasonable notice of such hearings

3) The commission shall consult with the

Director of the Department of Energy beforeapproving a plan [ 1973 c 309 § 3, 1975 c 606 § 111

757 730 Liability when curtailmentoccurs. A utility shall not be liable for damagesto persons or property resulting from a curtailment of service in accordance with a plan

approved by the commission [ 1973 c 309 § 41

HEALTH ENDANGERING

TERMINATION OF RESIDENTIAL

UTILITY SERVICE

757 750 Legislative findings. The Leg- islative Assembly finds that the termination ofresidential electric and natural gas utility service

can lead to the serious impairment of human

health and possibly to loss of life, therefore, theLegislative Assembly has enacted ORS 757. 750 to757 760 [ 1979 c 868 §2, 1983 c 326 § 11

757. 755 Termination of residentialelectric or natural gas service prohibited;

rules of commission. ( 1) The Public Utility

Commission of Oregon shall establish rules to

prohibit the termination of residential electric or

natural gas service when such termination would

significantly endanger the physical health of theresidential consumer

2) The commission shall provide by rule amethod for determining when the termination ofresidential electric or natural gas service would

significantly endanger the physical health of theresidential consumer [ 1979 c 868 §3. 1983 c 326 § 21

757. 760 Requirements for notice oftermination of service; payment schedules.

The commission shall establish rules to require

each electric and natural gas utility to

1) Give written or personal notice of a pro-

posed termination of residential service in a man-

ner reasonably calculated to reach the residentialconsumer within a reasonable period of time

before the proposed date of termination,

2) Accept reasonable partial payment on the

outstanding account and to establish a reasonablepayment schedule for any indebtedness, including a deposit, that the utility claims the residential consumer owes for service at any residentialaddress in lieu of termination of or refusal toprovide service, and to inform the residential

consumer of the provisions of this subsection,

3) Inform those residential consumers who

cannot afford to pay their bills or deposits of thenames and telephone numbers of the appropriate

unit within the Department of Human Resourcesor other appropriate social service agencies that

can help the consumer investigate what federal, state or private aid might be available to thatconsumer, and

4) Provide that a transfer of service from one

premise to another within the utility's servicearea shall not be considered a discontinuation of

service 11979 c 868 §4, 1983 c 326 §31

REGULATION OF

TELECOMMUNICATIONS SERVICE

757. 810 Legislative findings. The Legis-

lative Assembly finds and declares that it is thegoal of the State of Oregon to secure and main-

tain high- quality universal telecommunicationsservice at just and reasonable rates for all classes

of customers and to encourage innovation within

the industry by a balanced program of regulationand competition The commission shall administer the statutes with respect to telecommunica-

tions rates and services in accordance with this

policy 11985 c 550 § 51

757.815 Certificates of authorityrequired; application; notice; restrictions;

998

SUPERSEDED


hearing; classification of successful applicants. ( 1) No person, corporation, company, association of individuals or their lessees, trustees, or receivers shall provide intrastate telecom-

munications service on a for -hire basis without a

certificate of authority issued by the commissionunder this section

2) Applications for certificates of authorityshall be in a form prescribed by the commissionand shall describe the telecommunications services the applicant proposes to provide Notice of

all applications shall, within 30 days of filing, beserved by the commission upon all persons holding authority to provide telecommunicationsservice issued under this section or providinglocal exchange telecommunications service

3) No certificate shall authorize any personto provide local exchange telecommunicationsservice within the local exchange telecommunica-

tions service area of a telecommunications public

utility unless such utility consents, is unable toprovide the service, or fails to protest an applica-

tion This subsection shall not apply to anyapplication for a certificate by a provider ofshared telecommunications services

4) After notice, a hearing need not be heldprior to issuance of a certificate of authorityexcept upon the commission' s own motion or

unless the application is to authorize a person to

provide local exchange telecommunications service in the local exchange telecommunicationsservice area of a telecommunications public util-

ity and such utility protests After hearing, thecommission shall issue the certificate only upon ashowing that the proposed service is required bythe public interest

5) The commission may classify a successfulapplicant for a certificate as a telecommunications public utility or as a competitive telecommunications services provider If the commissionfinds that a successful applicant for a certificatehas demonstrated that services it offers are sub - ject to competition or that its customers or those

proposed to become customers have reasonablyavailable alternatives, the commission shall clas-

sify the applicant as a competitive telecommunications services provider The commission

shall conduct the initial classification and anysubsequent review of the classification in accord-

ance with such procedures as the commission

may establish by rule, after hearings The commission may attach reasonable conditions to such

classification and may amend or revoke any suchorder as provided in ORS 756.568 For purposes

of this section, in determining whether telecommunications services are subject to competition

999

or whether there are reasonably available alternatives, the commission shall consider

a) The extent to which services are availablefrom alternative providers in the relevant market

b) The extent to which the services of alter-

native providers are functionally equivalent orsubstitutable at comparable rates, terms and con-

ditions

c) Existing economic or regulatory barriersto entry

d) Any other factors deemed relevant by thecommission [ 1985c550§ 61

757.820 Certificates of authority forpersons, companies and corporations

providing services on January 1, 1986. ( 1) Notwithstanding ORS 757 815, the commissionshall issue to any person, company or corporationproviding intrastate telecommunications servicesthat are subject to regulation by the commissionon January 1, 1986, a certificate of authority tocontinue to provide those services on and after

January 1, 1986

2) Notwithstanding any other provision oflaw, the commission shall issue to any cooperative corporation, or unincorporated association

providing intrastate telecommunications service

on January 1, 1986, a certificate of authority tocontinue to provide those services on and after

January 1, 1986 Such actions shall not subjectsuch cooperative corporations or association to

the commission' s general powers of regulation

198.5 c 350 § 6a, 1987 c 302 § 1J

757. 825 Regulation by commission; exemptions; use of revenues; price list fil-

ing; toll service rates; subsidies; alternativeaccess requirements. ( 1) Except as otherwiseprovided in this section, the commission shall

have authority to determine the manner andextent of regulation of telecommunications serv-

ices within the State of Oregon

2) Upon petition by any interested party andfollowing notice and investigation, the commission may exempt in whole or in part from regulation those telecommunications services for which

the commission finds that price or service competition exists, or that such services can be dem-

onstrated by the petitioner or the commission tobe subject to competition, or that the publicinterest no longer requires full regulation thereof

The commission may attach reasonable conditions to such exemption and may amend orrevoke any such order as provided in ORS756 568

3) Upon petition by any telecommunications public utility, and after notice and hearing,

SUPERSEDED

757.835 UTILITIES• RAILROADS AND OTHER CARRIERS

the commission shall exempt a telecommunica-

tions service from regulation under the followingconditions

a) Price and service competition exist

b) A service which is deregulated under this

subsection may be regulated, after notice andhearing, if the commission determines an essential finding on which the deregulation was basedno longer prevails, and reregulation is necessaryto protect the public interest

4) Prior to making the findings required bysubsections ( 2) and ( 3) of this section, the com-

mission shall consider

a) The extent to which services are availablefrom alternative providers in the relevant market

b) The extent to which the services of alter-


ditions


d) Any other factors deemed relevant by thecommission

5) No telecommunications public utilitymay use revenues earned from or allocateexpenses to that portion of its business which isregulated under this chapter to subsidize activi-

ties which are not regulated under this chapter,

nor shall the commission require revenues or

expenses from any activity not regulated underthis chapter to be attributed to the regulated

activities of a telecommunications public utilityHowever, this subsection shall not be interpreted

to affect any appropriate subsidy determined bythe commission under subsection ( 9) of this section

6) If the commission determines that a prod-

uct or service offered by a telecommunicationspublic utility as part of local exchange telecommunications services can be demonstrated by theutility to be subject to competition, or ifa productor service is not an essential product or service,

the commission may authorize the utility to file aprice list, together with the terms and prices of

such services or products The price list or anyrevision thereof is not subject to the provisions of

ORS 757 210 to 757 220 and shall become effec-

tive immediately on filing with the commissionunless a later date is specified In making thedetermination of whether a product or service is

subject to competition, the commission shall con-

sider

a) The extent to which services are available

from alternative providers in the relevant market

b) The extent to which services of alter-


ditions


d) Any other factors deemed relevant by thecommission

7) The commission is authorized to deter-

mine whether and to what extent a telecom-

munications service provided by a public utilitywithin the State of Oregon should be subsidizedin order for telecommunications services to beavailable at reasonable rates If any subsidy isfound to be required, the commission shall undertake an investigation and determine, after hear-

ings, the revenue source or sources of a fund

necessary to provide the subsidy and the mannerof collection and distribution of the fund

8) If the commission finds upon notice andinvestigation that customers of shared telecom-

munications services have no alternative access

to local exchange telecommunications services, the shared telecommunications service provider

may be required to make alternative facilities orconduit space available on reasonable terms and

conditions at reasonable prices ( 1985 c 550 § 7 1987

c 613 § 21

757.835 Optional measured service forbusiness customers; conditions for autho-

rization. ( 1) Notwithstanding any other provision of this chapter, the commission shall not

authorize a public utility providing telephoneservice to implement a rate schedule that includesoptional measured service for business customers

unless the rate for the service is sufficient to

defray all costs that must be incurred to implement the service, including the costs of measuringand billing

2) As used in this section

a) " Local exchange telephone service" means

telephone service provided within the boundaries

of exchange maps filed with and approved by thecommission

b) " Measured service" means local exchangetelephone service, the rate for which is basedupon the number of calls, length of calls, distance

or time of day 11985 c 389 § 31

757.840 Mandatory measured servicerestriction. ( 1) The Public Utility Commissionshall be prohibited from requiring any telephonecustomer or class of customers to pay for localexchange telephone service, or any portion

thereof, on a mandatory measured service basis

1000

SUPERSEDED


2) " Measured service" means charging forlocal exchange telephone service based uponnumber of calls, length of calls, distance, time of

day, or any combination thereof3) Nothing in this section is intended to

prohibit the Public Utility Commission fromrequiring telephone customers to pay on a mandatory measured service basis for

a) Land, marine, or air mobile service

b) Local exchange telephone service resoldat a profit

4) The Public Utility Commission shall notchange boundaries of local exchange service areasnor take any other actions if such changes or

actions have the effect of circumventing subsections ( 1) and (2) of this section 11987 c t § § 1, 2, 3]

Note 757 840 was enacted into law by the IzgislanveAssembly but was not added to or made a part of ORS chapter757 or any series therein by legislative action See Preface toOregon Re%ised Statutes for further explanation

757.850 Price listing of services; findings by commission; terms and conditions.

1) Except as provided in subsection ( 6) of thissection, upon petition of a telecommunications

public utility which provides local exchange service directly, or is affiliated with a utility whichprovides local exchange service, and after notice

and hearing, the commission may authorize theutility to set rates for toll and other telecommunications services by filing a price list containing the price and terms for the service The pricelist or any revisions thereof, shall not be subjectto the provisions of ORS 757 210 to 757 220 andshall become effective as determined by the commission The commission may prescribe conditions on an authorization to establish rates byprice list, including conditions relating to thesharing of revenues received by the utility whichare in excess of allowances provided for in theorder of authorization

2) Telecommunications public utilities

which provide telecommunications services onlybetween exchanges and are not affiliated with autility which provides local exchange service, may price list services without special authorization of the commission

3) Prior to granting a petition to set rates byprice list under this section, the commission shall

find that pricing flexibilitya) Is reasonably necessary to enable the

utility to respond to current and future competitive conditions for any or all telecommunications services,

b) Will maintain the appropriate balancebetween the need for price flexibility and theprotection of consumers,

c) Is likely to benefit the consumers of fixedrate services, and

d) Is unlikely to cause any undue harm toany customer class

4) A rate set for a service by a utility shallnot be lower than the long run incremental cost ofproviding the service

5) Upon its own motion the commissionmay fix maximum rate levels and terms of servicefor price listed services and for toll services on

noncompetitive routes Upon request of anyaffected person, the commission shall fix max-

imum rate levels and terms of service for pricelisted services not subject to competition and for

toll services on noncompetitive routes

6) By rule the commission shall designatelocal exchange services which it deems essentialand rates for such services shall be prescribedunder ORS 757 210 to 757 220 Rates for essen-

tial services need not be designed to recover the

cost of service of such services, but may besupported by revenues from other regulated telecommunication services of the utility or its affili- ates Such support is in addition to any subsidywhich may be provided under ORS 757 825 ( 7) The commission also may authorize automaticadjustment clauses which reflect increases,

decreases, or both, in particular costs incurred bythe utility For the purposes of this subsection, essential services" need not be essential for all

classes of customers

7) The commission may, at any time, order atelecommunications public utility to appear a Iestablish that any, or all, of its price listed ratesare just and reasonable and in conformity withthe requirements of this section and the autho-

rization to price list issued by the commission. Such rates shall also be subject to complaintunder ORS 756 500 [ 1987 c 613 § 4]

757.860 Applicability of ORS 757.245to cooperatives and associations. Notwith-

standing any other provision of law, ORS 757 245applies to any unincorporated association orcooperative corporation providing intrastate telecommunications service [ 1987 c 302 § 3]

757.870 Applicability of rate makingprocedure to certain service providers;

revocation of exemption; financial reportrequired. ( 1) Subject to subsection ( 6) of this

section, ORS 757 210 to 757 220 do not apply tonew or revised tariff schedules filed with the

commission by telecommunications public utilities or affiliated groups of telecommunications

public utilities serving less than 15,000 accesslines in Oregon and not affiliated or under com-

1001

SUPERSEDED

757.870 UTILITIES. RAILROADS AND OTHER CARRIERS

mon control with any other kind of public utilityproviding service in Oregon

2) Subject to subsection ( 6) of this section,

ORS 757 480 to 757 495 do not apply to telecommunications public utilities or affiliated groups of

telecommunications public utilities serving lessthan 15, 000 access lines in Oregon and not affiliated or under common control with any other

kind of public utility providing service in Oregon3) Subject to subsection ( 6) of this section,

ORS 757 105 to 757 110 and 757 400 to 757 450

do not apply to telecommunications public utilities or affiliated groups of telecommunications

public utilities serving less than 15,000 accesslines in Oregon and not affiliated or under com-

mon control with any other kind of public utilityproviding service in Oregon

4) Upon petition by any telecommunications public utility serving less than 15,000 accesslines in Oregon and affiliated or under common

control with another public utility providing

service in Oregon, and a finding that such actionis consistent with the public interest, the com-

mission by order may exempt such telecommunications public utility from

a) ORS 757 210 to 757 220

b) ORS 757 480 to 757 495

c) ORS 757 105 to 757 110 and 757 400 to757 450

5) Upon petition by any telecommunications public utility serving less than 15, 000 accesslines in Oregon, and finding that such action isconsistent with the public interest, the commis-

sion by order may exempt such telecommunications public utility from ORS 757 205 and757 225 to 757 240

6) Upon petition by the telecommunicationspublic utility or upon petition by 10 percent of thethen current access line subscribers, or 500 sub-

scribers, whichever is the lesser, of any telecommunications public utility

a) Filed with the commission not less than

10 days prior to the proposed effective date of newor revised tariff schedules, the commission mayimpose the procedures of ORS 757 210 to757 220, or any part thereof, to any such schedules of a telecommunications public utilityexempted from ORS 757 210 to 757 220 pursuant

to this section

b) After notice and hearing and a findingthat such action is required by the public interest, the commission may revoke any exemptiongranted pursuant to this section, or any part

thereof, or impose reasonable conditions upon

the continued exercise thereof

7) Any telecommunications public utility forwhich an exemption from the application of anystatute is provided pursuant to this section shall

file with the commission an annual report that

includes copies of the income statement and

balance sheet the telecommunications public util-

ity files with the Federal Communications Com- mission Each such telecommunications public

utility shall notify customers that the incomestatement and balance sheet are on file with thecommission ( 1987 c 988 § 21

RESIDENTIAL SERVICE PROTECTION

Note Sections 2 to 8 chapter 290, Oregon Laws 1987,

pro%ide

Sec 2 The Legislative Assembly declares that it is thepolicy of this state to assure that adequate, affordable residential telecommunication senate is available to all citizens of

this state 11987 c 290 §21

Sec 3 In carrying out the provisions of section 2 ofthis 1987 Act the commission may require telecommunica-

tions public utilities to assure that time payment plans for

deposits and installation charges or such other options ins may

be appropriate for a particular telecommunications public

utility are made available [ 1987 c 290 § 31

See 4 In carrying out the provisions of section 2 ofthis 1987 Act the commission may

1) Notwithstanding ORS 757310, approve a differentrate for local exchange residential telecommunication service

for low income customers than the rate charged to other

residential customers Howe%er any such rate is subject to allother pro%mons of this chapter

2) Establish plans, or require telecommunications pub -

he utilities to establish plans, to educate customers regarding

the options available for obtaining telecommunication serv-

ices [ 1987 c 290 §41

Sec 5 ( 1) In carr} mg out the provisions of section 2 ofthis 1987 Act, the commission shall establish rules to prohibit

the termination of local exchange residential service when

such termination would significantly endanger the physical

health of the residential customer

2) The commission shall provide by rule a method fordetermining when the termination of local exchange msiden- tial sery ice would significantly endanger the physical health ofthe residential customer

3)( a) The commission shall require that each telecom-

munications public ut.ilih '

A) Accept medical statements by licensed physicians

and licensed nurse practitioners as sufficient evidence of

significant endangerment of health, and

B) Establish procedures for submitting and receivingsuch medical statements

b) A medical statement submitted under this subsection

shall be %and for such period as the commission, by rule, mayprescribe

4) Rules adopted by the commission pursi.ant to thissection shall not apply to telecommunication service other

than local exchange residential service

1002

SUPERSEDED


5) A customer submitting a medical certificate as pro -

vided in this section is not excused from paving for telecommunication service Customers are required to enter into a

time payment agreement %ith the utility if an overdue balanceexists Local exchange service is subject to termination if a

customer refuses to enter into or fails to abide b) terms of apayment agreement

6) Nothing in this section prevents the termination oflocal exchange residential service if the telecommunications

public utility providing the service does not have the technicalability to terminate toll telecommunication service without

also terminating local exchange telecommunication service1987 a 290 § 51

Sec 6 ( 1) In carping out the provisions of section 2 ofthis 1987 Act, the commission shall establish a plan to provide

assistance to log income customers through differential rates

or otherwise The plan of assistance shall be designed to use

to the maximum extent possible, the in adable funding offeredb) the Federal Communications Commission, and ma} pro-

vide different levels of assistance to log income customers

based upon differences in local exchange rates The plan

established by the commission shall prescribe the amount of

assistance to be provided and the time and manner of payment

2) For the purpose of establishing a plan to provideassistance to low income customers under this section, the

commission shall require all public utilities, cooperatne cor-

porations, and unincorporated associations providing localexchange telecommunication service to participate in the

plan, except as provided in subsection ( 3) of this section

3) In lieu of participation in the commission' s plan to

assist low income customers a public utility, cooperativecorporation, or unincorporated association providing localexchange telecommunication service may apply to the commission to establish an alternative plan for the purpose of

carrying out the provisions of section 2 of this 1987 Act for itsown customers The commission shall adopt standards for

determining the adequacy of alternative plans

4) The commission may contract with any governmental agency to assist the commission in the administration ofany assistance plan adopted pursuant to this section

5) As used in sections 2 to 6 of this 1987 Act, " low

income customer" means an individual determined by thecommission to have been certified as meeting eligibility cutena for federal food stamps [ 1987 c 290 § 6[

Sec 7 ( 1) In order to fund the programs provided insections 2 to 6 ofthis 1987 Act and sections 9 to 14 of this 1987

Act, the commission shall develop and implements system forassessing a surcharge in an amount not to exceed 25 cents peraccess line per month, against all telecommunication' s sub-

scribers other than those who receive the benefits of these

programs Of the surcharge moneys recen ad

a) Up to 15 cents per access line per month shall be paidinto the account referred to in subsection ( 2) of section 8 of

this 1987 Act

b) Up to 10 cents per access line per month shall be paidinto the account referred to in subsection ( 3) of section 8 of

this 1987 Act

2) Moneys collected pursuant to the surcharge shall not

be considered on any proceeding to establish rates for telecommunication sen ice

3) The commission shall direct telecommunications

public utilities to identify separately in bills to customers forservice the surcharge imposed pursuant to this section [ 1987

c 290 § 7j

Sec 8 ( 1) The Residential Service Protection Fund is

established in the State Treasury, separate and apart from theGeneral Fund All moneys in the fund are appropriated to the

Public Utility Commission to carry out the provisions of this1987 Act, as specified in this section

2) The Account for Low Income Customers is estab-

lished as an account in the Residential Service Protection

Fund The account shall consist of all moneys received by thePublic Utility Commission pursuant to paragraph ( a) ofsubsection ( 1) of section 7 of this 1987 Act Moneys in the

account may be expended only to carry out the provisions ofsections 2 and 6 of this 1987 Act including costs to thetelecommunications utiht) to educate customers and admin-

ister any approved plan

3) The Account for the Deaf is established as an accountin the Residential Service Protection Fund The account shall

consist of all moneys recen ed b) the Public Utility Commis- sion pursuant to paragraph (b) of subsection ( 1) of section 7 of

this 1987 Act Moneys in the account ma) be expended only tocarry out the provisions of sections 9 to 14 of this 1987 Act,

including costs to the telecommunications utility to educatecustomers and administer any approved plan ( 1987 c 290 §8J

DEVICES FOR HEARING AND SPEECHIMPAIRED

Note Sections 9 to 16, chapter 290, Oregon Laws 1987, provide

Sec 9 As used in sections 9 to 14 of this Act, unless thecontext requires otherwise

1) ' Applicant" means a person who applies for a tele-

communication device for the deaf or signal device

2) " Audiologist" means a person who has a master's or

doctoral degree in audiology and a Certificate of Clinical

Competence in audiology from the American Speech, Lan- guage and Hearing Association

3) " Deafmeans a hearing loss that requires use of atelecommunication device for the deaf to communicate effec-

tively on the telephone

4) " Deaf -blind" means a hearing loss and a visualimpairment that requires use of a telecommunication device

for the deaf to communicate effectively on the telephone

5) " Recipient" means a person who receives a telecom-

munication device for the deaf or a signal device

6) " Severely hearing impaired' means a hearing lossthat requires use of a telecommunication device for the deaf to

communicate effectively on the telephone

7) " Severely speech impaired" means a speech disabilitythat requires use of a telecommunication device for the deaf to

communicate effectively

8) " Signal device" means a mechanical device that alerts

a deaf, deaf -blind or severely hearing impaired person of anincoming telephone call

9) " Speech or language pathologist" means a person %ho

has a master' s degree or equivalency in speech or language

1003

SUPERSEDED


pathology or both, and a Certificate of Clinical Competence Sec 13 ( 1) The Public Utility Commission shall

issued by the American Speech, language and Hearing Asso- employ a coordinator for the Telecommunication Service forelation the Deaf Access Program who shall be primarily responsible

10) " T I on device for the deaf' means an fore ecommumca i

electrical device for use with a telephone that utilizes a

keyboard, acoustic coupler, display screen or braille display totransmit and receive messages

I1) "' Telephone relay center" means a faubty authorized

b} the Public Utility Commission to provide telephone relaysen ice

12) Telephone relay service" means the provision ofvoice and teletype communication between users of telecom-

munication devices for the deaf and other parties ( 1987 c 290

91

Sec 10 It is recognized that a large number of people

in this state, through no fault of their own, are unable to

utilize telecommunication equipment due to the inability tohear or speak xell enough for effective communication It is

also recognved that present technology is available but atsignificant cost, that would allow these people to utilize

telecommunication equipment in their dash activities There

is, therefore a need to make such technology in the form oftelecommunication devices for the deaf and a telecommunica-

tion device for the deaf dual party rela) service available to

deaf, severely hearing and speech impaired people at noadditional cost beyond normal telephone service The provi.

sion of telecommunication devices for the deaf and a telecom-

munication device for the deaf relay service would allow those

formerly unable to use telecommunication systems to morefully participate in the activities and programs offered b) government and other community agencies, as well as in theirfamily and social activities The telecommunication device forthe deaf equipment would be provided on a loan basis to each

recipient, to be returned if the recipient moves out of the state

J1987 c 290 § 10]

Sec 11 With the advice of the Telecommunication

Device for the Deaf Advisory Committee, the Public UtilityCommission shall establish and administer a state -wide pro-

gram to purchase and distribute telecommunication devices

for the deaf to persons who are deaf or severely hearing orspeech impaired or deaf -blind and establish a dual party relay

system making telephone service generally available to persons who are deaf or severely hearing or speech impaired ordeaf -blind ( 1987 c 290 § 111

Sec 12 ( 1) A Telecommunication Device for the Deaf

Advisory Committee shall be established to advise the PublicUtthty Commission concerning matters of general development, implementation and administration of the Telecom-

munication Device for the Deaf Distribution Relay Program

2) The Telecommunication Device for the Deaf

Advisory Committee shall include

a) Seven consumers including six who are deaf orhearing impaired and one who is speech impaired,

b) Two professionals in the speech impairment hearingimpairment or deafness field

c) One member of the Public Utility Commission or adesignee of the commission, and

d) One representative from those telephone companies

interested in pro%idmg a telecommunication dente for thedeaf relay services 11987 c 290 § 121

a) The distribution and maintenance of telecommunica-

tion deices for the deaf,

b) The provision of telecommunication devices for the

deaf relay services and monitoring of those service pro%iders, and

c) Community outreach to locate potential beneficiariesof the Telecommunication Device for the Deaf Access Pro-

gram

2) The commission may contract with an} governmen-

tal agency, or other entity the commission considers to bequalified to assist the commission in the administration of

sections 9 to 14 of this Act ( 1987 c 290 § 13]

Sec 14 ( 1) In order to be eligible for services under

this Act, eligibility requirements for persons to receive telecommunication devices for the deaf, individuals must be

certified as deaf, severely hearing impaired or severely speechimpaired by a licensed physician audiologist, speechpathologist, the Vocational Rehabilitation Division or the

Deaf and Hearing Impaired Access Program Certificationimplies that the individual cannot use the telephone forexpressive or receptive communication

2) No more than one telecommunication device for the

deaf shall be provided to a household

3) Nothing in sections 9 to 14 of this Act shall require atelecommunications utility to provide a telecommunication

device for the deaf to any person in violation of ORS 646 7301987 c 290 § 141

Sec 15 The program of distribution provided in

sections 9 to 14 of this Act is to be phased in over a period

ending January 1, 1992 11987 c 290 § 151

Sec 16 This Act is repealed January 1, 1992 ( 1987c 290 § 16]

SEPARATE REGULATION

Definitions; General Provisions)

Note Sections 1 to 74 and sections 142 and 143,

chapter 447, Oregon Laws 1987, and section 2a, chapter 613,

Oregon Laws 1987, provide

Sec 1 As used in sections 1 to 70 of this Act

1) " Competitive telecommunications provider" means a

telecommunications services provider which has been classi-

fied as such by the commission pursuant to this chapter

2) " Intrastate telecommunications service" means any

telecommunications service in which the information trans-

mitted originates and terminates wathin the boundaries of theState of Oregon

3) " Local exchange telecommunications service" means

telecommunications service provided within the boundaries of

exchange maps filed with and approved by the commission

4) " Private telecommunications network" means a sys-

tem including the construction, maintenance or operationthereof, for the provision of telecommunications service or

1004

SUPERSEDED


any portion of such %an ice by a person for the exclusive use of any chain of successive ownership of five percent or more ofthat person and not for resale, directly or indirectly voting securities of such telecommunications utility

5) " Radio common carrier" means an) corporation,

company, association, , joint stock association partnershipand person their lessees, trustees or receivers and any townmaking available facilities to provide radio communications

service, radio paging or cellular communications service forhire

6) " Shared telecommunications service" means the

provision of telecommunications and information manage-

ment services and equipment to a user group located indiscrete premises in building complexes, campuses or high - rise buildings, b) a commercial shared services provider or bya users association, through privately owned customer premises equipment and associated data processing and information management services and includes the provision of

connections to local exchange telecommunications service

7) " Telecommunications service" means two -wayswitched access and transport of voice communications but

does not include

a) Services provided by radio common carrier

b) One -way transmission of telev ision signals

c) Survey mg

d) Private telecommunications networks

e) Communications of the customer which take place on

the customer side of on- premises equipment

8) " Telecommunications utility means a utility providing telecommunications service that has been so classified bythe commission pursuant to sections 1 to 70 of this Act

9) " Toll" means telecommunications between exchanges

carried on the public switched network for which charges are

made on a per -unit basis

10) The term " telecommunications utility" does not

include

a) Any corporation not providing intrastate telecommunications sense to the public in this state, whether or not

such corporation has an office in this state or has an affiliated

interest with a public utility as defined in sections I to 70 ofthis Act

b) 4m person acting only as a competitive telecommunications provider

c) Any corporation, company mdn idual or associationof individuals providing only telephone customer premise

equipment to the public 11987c, 147911

Sec 2 As used in subsection ( I) of section 5 of this Actand section 44 of this Act, "affiliated interest" with a telecom-

munications utility means

1) Every corporation and person owning or holdingdirectly or indirectly five percent or more of the votingsecurities of such telecommunications utility

2) Every corporation and person in any chain of successive ownership of five percent or more of voting securitiesof such telecommunications utility

3) Ever) corporation five percent or more of whose

voting securities are owned by any person or corporationowning five percent or more of the voting securities of such

telecommunications utility or b) any person or corporation in

4) Every person who is an officer or director of such

telecommunications utility or of any corporation in any chainof successive ownership of rive percent or more of votingsecurities of such telecommunications utility

5) Every corporation which has two or more officers ortwo or more directors in common with such telecommumca-

tmns utility

6) Every corporation or person which the commission

determines as a matter of fact, after investigation and hearingactually is exercising any substantial influence over the pol-

icies and actions of such telecommunications utility, eventhough such influence is not based upon stockholdings, stock-

holders, directors or officers to the extent specified in this

section

7) Ever} person or corporation who or which the com-

mission determines as a matter of fact, after investigation and

hearing, actuall) is exercising such substantial influence overthe policies and actions of such telecommunications utibt) in

conjunction with one or more other corporations or persons

with whom they are related by ownership or blood or b) actionin concert that together they are affiliated with such telecom-

munications utility within the meaning of this section eventhough no one of them alone is so affiliated 11987 c 447 § 2)

Sec 3 Every telecommunications utility is required tofurnish adequate and safe service, equipment and facilities,

and the charges made by am public utility for any ben icerendered or to be rendered in connection therewith shall be

reasonable and just, and even unjust or unreasonable charge

for such service is prohibited 11987 c 447 §3)

Sec 4 The commission has power to require any

telecommunications utility, after a public hearing of all parties interested, to extend its line, plant or system into, and to

render service to, a locality not already served when theexisting public convenience and necessity requires such exten-

sion and service However, no such extension of service shall

be required until the telecommunications utility has beengranted such reasonable franchises as may be necessary forthe extension of service and unless the conditions are such os

to reasonabb, justify the necessary im estmentby the telecommunications utility in extending its line, plant or system into

such locality and furnishing such service 11987 c 447 $ 4J

Budgets, Accounts and Reports)

Sec 5 ( 1) The commission has the right and power of

regulation, restriction and control over the budgets of expen-

ditures of telecommunications utilities, as to all items cover-

ing

a) Proposed payment of salaries of executive officers,

b) Donations

c) Political contributions and political advertising,

d) Expenditures for pensions or for a trust to providepensions for employes and officers,

e) Other expenditures and major contracts for the sale

or purchase of equipment, and

f) Any payment or contemplated payment to any personor corporation having an affiliated interest for service, advice,

1005

SUPERSEDED


auditing, associating, aponsar rig, engineering, managing,

operating, financi ig, legal or other services

2) On or before November 1 of each year, each telecom -

municatmns utility shall prepare a budget showing theamount of money which in its judgment, shall he neededduring the ensuing year for covering all such activities andexpenditures and file it with the commission

3) When any such budget has been filed with thecommission, the commission shall examine into and investi-

gate the same and unless rejected within 60 days thereafter,

the proposed budget is presumptively fair and reasonable and

not contrary to public interest

4) Proposed expenditures for pensions or for a trust to

provide pensions for the employes and officers of such utility

whether for future service or past service or both, shall be

recogm" d as an operating expense if the trust fund is irre- vocably committed to the payment of pensions or benefits toemployes and if such pensions are reasonable and non-

discriminatory The commission may disallow as an operatingexpense any expenditure for pension purposes in excess of theamount necessary and proper to maintain an actuarially

sound retirement plan for the employes of the utility inOregon [ 1987 c 447 § 5]

Sec 6 Adjustment and additions to such budget

expenditures may be made from time to time during the yearby filing supplementary budgets with the commission Theprovisions of subsection ( 3) of section 5 of this Act apply toadjustments and additions to budgets 11987 c 447 § 6]

See 7 ( 1) Any finding and order made and entered bythe commission under sections 5 and 6 of this Act shall have

the effect of prohibiting any unapproved or rejected expendi-

ture from being recognized as an operating expense or capitalexpenditure in any rate valuation proceeding or in any pro-

ceeding or hearing unless and until the propriety thereof hasbeen established to the satisfaction of the commission Any

such finding and order shall remain in full force and effect, unless and until It is vacated and set aside in a suit hmught

and prosecuted as provided in ORS 756 580 to 756610 or

modified or set aside by the commission

2) Nothing in sections 5 and 6 of this Act prevents thecommission from at any time making and filing orders rejecting imprudent and unwise expenditures or payments Suchorders when so made shall be in full force and effect and the

telecommunications utility shall not have the right to makesuch expenditures or payments found to be imprudent or

unwise until the order has been vacated or set aside in a suit

brought and prosecuted as provided in ORS 756 580 to

756610 or modified or set aside by the commission 11987c 447 § 7]

Sec 8 ( 1) Esery telecommunications utility shall keepand render to the commission, in the manner and form

prescribed by the commission, uniform accounts of all business transacted All forms of accounts which may be pre-

scribed by the commission shall conform as nearly aspracticable to similar forms prescribed by federal authority

2) Every telecommunications utility engaged directly orindirectly in any other business than that of a telecummmnica- tions utility shall, if required by the commission, keep andrender separately to the commission, in like manner and form, the accounts of all such other business in which case all theprovisioris of sections 1 to 70 of this Act shall apply with like

force and effect to the accounts and records of such other

business [ 1987 c 447 581

Sec 9 ( 1) Thecommission shall prescribe the accounts

and records required to be kept and every telecommunicationsutility is required to keep and render its accounts and recordsaccurately and faithfully in the manner prescribed by thecommission and to comply with all directions of the commis-

sion relating to such accounts and records

2) No telecommunications utility shall keep any otheraccounts or records of its telecommunications utility business

transacted than those prescribed or approved by the commis-

sion except such as may be required by the laws of the UnitedStates

3) The commission shall cause to be prepared Suitable

blanks for reports for carrying out the purposes of sections 1 to70 of this Act, and shall, when necessary, furnish such blanks

for reports to each telecommunications utility [ 1987 c 447 §91

Sec 10 M The accounts shall be closed annually onDecember 31 and a balance sheet of that date promptly taken

therefrom On or before April I following, such balance sheet, together with such other information as the commission shall

prescribe, verified by an officer of the telecommunicationsutiht) shall be filed with the commission

2) The commission may examine and audit any accountItems shall be allocated to the accounts in the manner

prescribed by the commission ( 1987c447§ 101

See 11 Every telecommunications utility shall carry aproper and adequate depreciation account The commission

shall ascertain and determine the proper and adequate rates of

depreciation of the several classes ofproperty of each telecom-

maturations utility The rates shall be such as w dl provide theamounts required over and above the expenses of mounts

nance, to keep such property an a state of efficiency corresponding to the progress of the industry Eachtelecommunications utility shall conform its depreciationaccounts to the rates so ascertained and determined by the

commission The commission may make changes in such ratesof depreciation from time to time as the commission may find

to be necessary 11987 c 447 § 1l]

Rate Schedules and Procedure; Measuring Equipment)

See 12 ( 1) Every telecommunications utility shall filewith the commission, within a time to be fixed by thecommission, schedules which shall be open to public inspec-

tion, showing all rates, tolls and charges which it has estah- hshed and which are in force at the time for any service

performed by it within the state, or for any service in connection therewith or performed by any telecommunications util-

ity controlled or operated by it

2) Every telecommunications utility shell file. with andas part of every such schedule, all rules and regulations that inan) manner affect the rates charged or to be charged for any

service Every telecommunications utility shall also file withthe commission copies of interstate rate schedules and rules

and regulations issued by it or to which it is a parly

3) Where a schedule of)omt rates or charges is or may bein force between two or more telecommunications utilities,

such schedules shall in like manner be printed and filed with

the commission [ 1987 c 447 § 12]

1006

SUPERSEDED

UTILITY REGULATION GENERALLY 757 870

Sec 13 ( 1) R'hene%er am, telecommunications utiltiv

files with the commis uon am rate or schedule of rates statingor establishing a new rate or schedule of rates or increasing an

existing rate Or chedule of rates the cunumssmn may either

upon written complaint or upon the commission. own an-

tiative after reasonable notice conduct a hearing to determine the propriety and reasonableness of such rate or

schedule The commission shall conduct such a hearing uponwritten complaint filed by the telecommunications utility itscustomer or customers or am other proper party within 60

days of the telecommunications utnht%'s filing, pro%Ided thatno hearing need be held of the particular rate change its the

result of an automatic adjustment clause At such hearing thetelecommunications utiht% shall bear the burden of showingthat the rate or schedule of rates proposed to be established or

Increased or changed Is just and reasonable The term

automatic adjustment clause' means a provision of a rate

schedule which provides for rate Increases or decreases or

both, without prior hearing, reflecting increases decreases orboth in costs Incurred by a telecommunications utility andwhich is subject to review b} the commission at least once

every two years

2) The commission and staff may consult at an} timewith and provide technical assistance to, telecommunications

utilities their customers, and other interested parties on

matters relevant to utility rates and charges If a hearing isheld w nh respect to a rate change, the commission' s decisions

shall be based on the record made at the hearing 11987 c 447fin]

See 14 ( 1) The commission may pending such investigation and determination order the suspension of the rate or

schedule of rates provided the initial period of suspension

shall not extend more than six months beyond the lime w hen

such rate or schedule would otherwise go into effect If the

commission finds that the investigation will nut be completed

at the expiration of the initial suspension, the commission

may enter an order further suspending such rate or schedulefor not more than three months beyond the last day of theinitial suspension

2) This section does not pre%ent flat, commission and

the telecommunications utility from entering Out) u " noun

stipulation at any time extending any period Of suspension

3) After full hearing whether completed before or aftersuch rate or schedule has gone into effect the commission

may make such order In refertnce thereto as would be proper

in a proceeding initiated after such rate or schedule hasbecome effectn e

4) If the commission is required to or determines to

conduct a hearing on a rate or schedule of rates filed pursuantto section 13 ( if this Act but does not order a suspension

thereof, any increased revenue collected by the telecom-

munications utduy as a result of such rate or rate schedule

becoming effective shall be received subject to being refundedIf the rate or rate schedule thereafter approved by the commission is for a lesser increase or for no increase the telecom -

munications utility shall refund the amount of revenues

received that exceeds the amount approved as nearly aspossible to the customers from whom such excess revenues

were collected by a credit against future bills or otherwise insuch manner as the commission orders

5) The commission may in a suspension order authorize an interim rate or rate schedule under which the telecom-

munncatnons utility s revenues will be Increased by an amountdeemed reasonable by the commission not exceeding theamount requested by the telecommunications utility Aninterim rate or rate schedule shall remain In effect until

terminated by theconumssnon 11987 c 447 § 141

Sec 15 No change shall be made In any schedule, including schedules of joint rates, except upon 30 days' notice

to the commission All changes shall be plamly indicated uponexisting schedules or b} filing new schedules In lieu thereof 30days prior to the time they are to take effect Howe%ety thecommission for good cause shown ma. allow changes with-

out requiring the 30 days notice b% filing an Order specify mgthe changes to be made and the time when thev shall take

effect ( 1987 c 447 § 151

Sec 16 No telecommunications utility shall chargedemand, collect or receive a greater or less compensation for

anv service performed by it within the state, or for env servicein connection therewith, than Is specified in printed rate

schedules as may at the time be in force, or demand, collect orreceive any rate not specified in such schedule I' he rates

named therein are the lawful rates until they are changed asprovided in sections 1 to 70 of this Act 11987 c 447 § lbl

Sec 17 ( 1) The commission shall provide for a com-

prehensive classification of service for each telecommunica-

tions utility and such classification may take into account the

quantuy used, the time when used, the purpose for which usedand mny other reasonable consideration The service classifi-

cations and schedule forms shall be designed consistently withthe requirements of ORS 169 010 Each telecommunications

utility Is required to conform its schedules of rates to suchclassification

2) The commission may prescribe such changes in theform in which the schedules are Issued b} any telecommunications utility as may be found to be expedient 11987 c 447 § 171

Sec 18 ( 1) A copy of so much of all schedules,

including schedules ofjoint rates and charges, as the commis-

sion deems necessan for the use of the public shall be printed

in plain type and kept on file in even business office of suchtelecommunications utility, open to the public, and in such

form and place as to be readily accessible to the public forconvenient inspection

2) Copies of all new schedules shall be filed in evenbusiness office of such telecommunications utility 30 daysprior to the time the schedules are to take effect, unless the

commission prescribes a shorter time 11987 c 447 § 181

Sec 19 ( 1) A telecommunications utility may establish reasonable through sen ice and joint rates and classifica-

tions with other telecommunications utilities

Telecommunications utilities establishing joint rates shallestablish just and reasonable regulations and practices in

connection therewith and just, reasonable and equitable tin i-

sions thereof as between the public utilities participatingtherein which shall not unduly prefer or prejudice any of theparticipating telecommunications utilities and every unjustand unreasonable rate classification, regulation, practice and

division is prohibited

2) The commission may, and shall, whenever deemed bythe commission to be necessary or desirable in the publicinterest, after full hearing upon complaint, or upon the commission' s own initiative without complaint, establish through

service, classifications and joint rates the divisions of such

1007

SUPERSEDED


rates and the terms and conditions under which such through

service shall be rendered if any tariff or schedule canceling

any through service or joint rate or classification without theconsent of all the telecommunications utilities party thereto,

or authoricadon by the commission is suspended by thecommission for in%estigation the burden of proof is upon the

telecommunuatimw utility proposing such cancellation toshow that it is consistent with the public interest

3) %k henever after full hearing upon complaint or uponthe commissions own imtiatiye without complaint, the com-

mission is of the opinion that the divisions of joint rates

between the telecommunications utilities are or will be unjust,

unreasonable, inequitable or unduly preferential or prejudicial

as between the telecommunications utilities party thereto,

whether agreed upon by such telecommunications utilities orotherwise established the commission shall by order prescribe the just, reasonable and equitable do isions thereof tobe received by the several telecommunications utilities In

cases where the joint rate was established pursuant to the

finding or order of the commission and the donsion% theretoare found by the commission to have been unjust, unreason-

able or inequitable ur unduly preferential or prejudicial, thecommission may, also by order determine what far the periodsubsequent to the filing of the complaint or petition or the

making of the order of investigation, would have been the justreasonable and equitable division thereof to be recened by the

several telecommunications utilities and require adjustment

to be made in accordance there" ith

4) In so prescribing and determining the divisions ofjoint rates, the eommisgtoi shall Nave due consideration

among other things, to

a) The elfiucncv with which the telecommunications

utilities concerned are operated

h) The ammmt of revenue to pay their respective

operating expenses taxes and a fair return on their telecommunications utility property held for and used in service

c) The importance to the public of the services of such

telecommunications utilities,

d) Whether any particular participating telecom-

munications utility is an originating intermediate or dehver- ing utility, and

e) Anv other fact or circumstance which ordinarily

would entitle one telecommunications utility to a greater orless proportion of the joint rate than another 11987c4,17 § 191

Sec 20 ( 1) The commission shall ascertain and pre-

scribe for each kind of telecommunications utility suitable

and convement standard commercial units of service ' These

shall he brutal units for the purposes of sections I to 70 of this

Act

2) The commission shall ascertain and fix adequate and

serviceable standards fur the measurement of quality, pres-

sure, initial voltage or other conditions pertaining to the

supply of the senicc rendered by an) telecommunicationsutility and prescribe reasonable regulations for examinationand testing of such service and for the measurement thereof Itshall establish reasonable rules reg lationq specifications andstandards to secure the accuracy of all meters and appliances

for the measurements and every telecommunications utilityis required to carry into effect all orders issued by thecommission relatne thereto [ 1987 c 447 § 201

Sec 21 ( 1) The commission may provide for the

examination and testing of any and all appliances used for themeasuring of any sen ice of a telecommunications utthty and

may provide by rule that no such appliance shall be installedand used for the measuring of any service of any telecum- munications utility until it has been examined and tested bythe commission and found to be accurate

2) The commission shall declare and establish a reason-

able fee governing the cost of such examination and test, which shall be paid to the commission by the telecommunications utthty

3) The commission shall declare and establish reason-

able fees for the testing of such appliances on the application

of the customer the fee to be paid by the customer at the time

of the customer' s request but to be repaid to the customer bythe commission and to be paid by the telecommunications

utility if the appliance is found defective or incorrect to the

disadv antage of the customer or used beyond such reasonable

limit as may be prescribed by the commission

4) All fees collected under the provisions of this section

shall be paid by the commission into the State Treasury

5) The commission may purchase such materials apparatus and standard measuring instruments for the examination and tests as the commission deems necessary [ 1987 c 447

21[

Attachment Regulation)

See 22 As used in sections 22 to 27 of this Act unlessthe context requires otherwise

1) " Attachment means any w ire or cable for the transmission of intelligence by telegraph, telephone or television

including cable telin ision), light waves or other phenomenaor for the transmission of electricity for light, heat or power,

and any related device apparatus or auxiliary equipment, installed upon any pole or in any telegraph, telephone, elec-

trical cable telev iswn or communications right -of -way, duct, conduit manhole or handhole or other similar facility orfacilities owned or controlled, in whole or in part, by one or

more public utility or people' s utility district

2) " Licensee" means anv person, firm corporation,

partnership company, association joint stock association or

cooperatively organized association which is authorized toconstruct attachments upon along under or across the publicways

3) " Telecommunications utiln)" means any telecommunications utility as defined in section l of this Act end does

not include any entity cooperatieh organized or owned byfederal state or local government, or a subdivision of state or

local government [ 1987 c 447 § 221

Sec 23 The Public Utility Commission of Oregonshall have the authority to regulate in the public interest therates, terms and conditions for attachments by licensees topoles or other facilities of telecommunications utilities All

rates, terms and conditions made, demanded or received by

am telecommunications utility for any attachment by alicensee shall be just, fair and reasonable [ 1987 c 447 § 23)

See 24 Whenever the Public Utihly Commission ofOregon finds, after hearing had upon complaint by a licenseeor people' s utility district or a telecommunications utility that

1008

SUPERSEDED


the rates, terms or conditions demanded, exacted charged or

collected in connection with attachments or a%adabdity ofsurplus space for such attachments are unjust or unreason-

able or that such rates or charges are insufficient to yield a

reasonable compensation for the attachment and the costs of

administering the same, the commission shall determine the

just and reasonable rates, terms and conditions thereafter to

be observed and in force and shall fix the same by order Indetermining and fixing such rates, terms and conditions, thecommission shall consider the interest of the customers of thelicensee, as well as the interest of the customers of the

telecommunications utility or people' s utility district whichowns the facility upon which the attachment is made 11987c 414 § I66d, 1987 c 447 § 24]

Sec 25 A just and reasonable rate shall assure the

telecommunications utility or people' s utility district therecovery from the licensee of not less than all the additional

costs of providing and maintaining pole attachment space for

the licensee nor more than the actual capital and operatingexpenses, including just compensation of the telecommunica-

tions utility or people' s utility district attributable to thatportion of the pole, duct or conduit used for the pole attach-

ment, including a share of the required support and clearancespace in proportion to the space used for pole attachment

above minimum attachment grade le%el, as compared to all

other uses made of the subject facilities and uses which remain

mailable to the owner or owners of the subject facilities [ 1987

L 447 § 25]

Sec 26 Agreements regarding rates, terms and conditions of attachments shall be deemed to be just, fair andreasonable unless the commission or director finds upon

complaint by a telecommunications utility, people' s utilitydistrict or licensee party to such agreement and after hearing, that such rates, terms and conditions are adverse to the public

interest and fad to comply with the provisions hereof ( 1987e 447 § 26]

See 27 The procedures of the commission or directorfor petition, regulation and enforcement relative to attach-

ments, including any rights of appeal from any decisionthereof shall be the same as those applicable to the commis-

sion and director respectively [ 1987 c 447 § 271

Issuance of Securities)

2) With the authorization of the commission, but not

conforming in its provisions to the pros isions, if any, which itis required by the order of authorization of the commission tocontain, but no failure to comply with the terms or conditionsof the order of authorization of the commission and no

informality or defect in the application or in the proceedingsin connection therewith or with the issuance of such order

shall render void any stack or bond, note or other evidence of

indebtedness, or security issued pursuant w and in substantial

conformity with an order of the commission, except as to a

person taking the same otherwise than in good faith and for

aloe and without actual notice [ 1987c447§ 301

Sec 31 ( 1) A telecommunications utility may issuestocks and bonds, notes and other evidences of indebtedness,

and securities for the following purposes and no others, exceptas otherwise permitted he subsection ( 4) of this section

a) The acquisition of property, or the construction, completion, extension or improvement of its facilities

b) The improvement or maintenance of its sen ice

c) The discharge or lawful refunding of its obligations

d) The reimbursement of money actually expended fromincome or from any other money in the treasury of thetelecommunications utility not secured by or obtained fromthe issue of stocks or bonds, notes or other evidences of

indebtedness, or securities of such telecommunications util-

ity, for any of the purposes listed in paragraphs ( a) to ( c) ofthis subsection except the maintenance ofservice and replace-

ments, in cases where the applicant has kept its accounts and

vouchers for such expenditures in such manner as to enable

the commission to ascertain the amount of money soexpended and the purposes for which such expenditures were

made

e) The compliance with terms and conditions of options

granted to its employes to purchase its stock, if the commis-

sion first finds that such terms and conditions are reasonableand in the public interest

2) Before issuing such securities, a telecommunicationsutility, in addition to the other requirements of law, shallsecure from the commission upon application an order autho-

rizing such issue, stating

a) The amount of the issue and the purposes to whichthe issue or the proceeds thereof are to be applied,

Sec 28 As used in sections 28 to 40 of this Act, ( b) In the opinion of the commission the money, prop -

stocks" means stocks, stock certificates or other evidence of erty or labor to be procured or paid for by such issue reasons. mterest or ownership [ 1987 c 447 § 281

bly is required for the purposes specified in the order and

compatible with the public interest, which is necessary orSec 29 The power of telecommunications utilities to

issue stocks and bonds, notes and other e% idences of indebted-

ness and to create liens on their property situated within thisstate is a special privilege, the right of supervision, regulation,

restriction and control of which is and shall continue to be

ested in the state Such power shall be exercised as prm idedby law end under such rules and regulations as the commission

may prescribe 11987 c 447 § 291

Sec 30 All stocks and bonds, notes or other e%idences

of indebtedness and any security of a telecommunications

utility shall be void when issued

1) Without an order of the commission authorizing thesame then in effect except as provided in subsection ( 3) of

section 31 of this Act

appropriate for or consistent with the proper performance bythe applicant of service as a telecommunications utility, and

will not impair its ability to perform that service, and

c) Except as otherwise permitted in the order in the case

of bonds, notes or other evidences of indebtedness, such

purposes are not, in whole or in part, reasonably chargeable to

operating expenses or to income

3) This section and section 30 of this Act apply todemand notes but do not apply to the issuance or renewal of anote or evidence of indebtedness maturing not more than oneyear after date of such issue or renewal

4) Nothing in sections 28 to 40 of this Act shall preventissuance of stock to stockholders as a stock do idend if there

has been secured from the commission an order

1009

SUPERSEDED


a) Finding that the stuck dividend is compatible withthe public interest,

b) Authorizing such issue and a transfer of surplus tocapital in any amount equal to the par or stated %aloe of thestock so authorized, and

c) Finding that a sum equal to the amount to be sotransferred was expended for the purposes enumerated in

subsection ( 1) of this section 11987 c 147 § 311

Sec 32 Section 31 of this Act does not apply to theissuance, renewal or assumption of liability on an) evidence ofindebtedness when such issuance renewal or assumption is

for the purpose of acquiring specific real or personal propertyif the aggregate principal amount thereof, together with all

other then outstanding evidences of indebtedness issued.

renewed or assumed under this section does not exceed

w hmchet er is the greater of the following amounts

1) The amount of $75, 000

2) The amount of tine -halfof one percent of the sum of

a) The tntal principal amount of all bonds or other

securities representing secured indebtedness of the telecommunications utihty issued or assumed and then outstanding, and

b)' 1' he capital and surplus as then stated on the books of

account of the telecommunications utdn7 11987 c 447 § 321

See 33 Section 41 of this Act does not apply to anymortgage or other encumbrance upon any real or personal

properly gn en to secure payment of any e, idence of indebted-

ness issued under section 31 of this Act ( 1987 c 447 § 331

Sec 34 ( 1) To enable the commission to determine

whether the commission will issue an order under section 31

of this Act the commission may hold a hearing and ma} makesuch additional inquiry or imestigation examine such connesses books, papers, documents and contracts and require

the filing of such data as the commission deems necessaryThe apphcat con for such order shall be given priority and shall

he disposed of by the commission within 30 days after the

filing of such applicaUOn, unless that period is extended withthe consent of the telecomnwmcanon, utility

12) 1 he commission may upon application of the tole

communications utility after npportumty for hearing and forgood cause shown make such supplemental orders in the

premises as the commission finds necessary or appropriate

and may by am such supplemental order modify the pruvi- pons of any prey ions order as to the particular purposes uses.

extent to which or the condition under which am security

theretofore authorized or its proceeds mat be applied Such

supplemental orders are subject to the requirements of section

31 of this Act The period of time permitted under subsection

1) of this section for disposing of applications shall not applyto supplemental orders

3) If a commission or other agency is empowered byanother state to regulate and control the amount and char-

acter of securities to be issued by any telecommunications

utihty w ithm such other slate, the commission of Oregon haspower to agree w ith such commn eorm or agency of inch other

state on the issue of stocks bonds notes, other et idences ofindebtedness or securities by a telecommumcat ions utility

owning or operating a telecmnmunication% utihty both in suchstate and in this state and has power to approve such issue

jmnll) with such commission or agency and to issue a joint

certificate of such approval HoweNer, no such joint approt al

is required in order to express the consent to and approt al of

such issue by the State of Oregon if the issue is separatelyapproved by the Oregon commission 11987 e 447 § 34]

Sec 15 No prmismon of sections 28 to 40 of this Act

and no deed or act done or performed under or in connection

therewith, shall be held or construed to obligate the Stale of

Oregon to pay or guarantee, in any manner whatsoe%er, anystock or bond, note or other evidence of indebtedness, author-

ized, issued or executed under the provisions of sections 28 to

40 of this Act 11987 c 447 § 351

Sec 36 The commission ma) b) order grant permission for the issue of stocks or bonds notes or other evidences

of indebtedness in the amount applied for or in a lesser

amount. or not at all and may attach to the exercise of thepermission such condition or conditions as the commission

deems reasonable and necessan ( 1987 c 147 4301

See 37 ( 1) No telecommunications utdity shall with-

out the consent of the commission apph the issue of any

stock or bond note or other a%idence of indebtedness or anv

part or proceeds thereof to any purpose not specified in thecommission' s order or to env purpose specified in the rom-

mission' s order in excess of the amount authorized for such

purpose or issue or dispose of the same on anv terms lessfavorable than those specified in such order, or a modification

thereof

2) The commission has power to require leleumi-

munications utilities to account for the disposition of theproceeds of all sales of stocks and bonds notes and otherevidences of indebtedness in such form and detail as thecommission deems advisable and to establish such rules and

regulations as the commission deems reasonable and neces-

sary to unsure the disposition of such proceeds for the purpose

or purposes specified in the order ( 1987 c 447 § 371

See 38 No telecommunications utihty shall assume

anv obligation or liability as guarantor indorser surety orotherwise in respect to the securities of any other person, firmor corporal con w hen such securities are payable at periods of

more than 12 months after the date thereof without first

hat mg secured from the commission an order authorizing it todo so E%en assumption made other than in accordance with

such an order is void ( 1987 c 447 § 381

Sec 39 No telecommunications utihav shall directly

or indirectly, issue or cause to be issued anv stock or bond, note or other evidence of indebtedness in nonconformity with

the order of the commission authorizing the same or contraryto the provisions of sections 28 to 40 of this Act or of the

Constitution of this state, or apply the proceeds from the. sale

thereof, or any part thereof, to any purpose other than thepurposes specified in the commission' s order or to copy

purpose specified in the commission s order in excess of the

amount in the order authorized for such purpose J198 c 447

391

Sec 40 No person shall

1) Knowingly authorize, direct, aid in issue or execute, or cause to be issued or executed any stock or bond, note orother evidence of indebtedness in nonconformity with the

order of the commission authorizing the same, or contran to

the provisions of sections 28 to 40 of this Act or of the

Constitution of this state

1010

SUPERSEDED


2) In any proceeding before the commission knowinglymake any false statement or representation or w ith knowledgeof its falsrt) file or cause to be filed w ith the commission any

false statement or representation which may tend in any wayto influence the commission to make an order authorizing theissue of anv stock or bond, note or other evidence of indebted-

ness or which results in procuring from the commission themaking of any such order

3) with know ledge that any false statement or representation was made to the commission in any proceeding tendingin am way to influence the commission to make such order,

issue, execute or negotiate, or cause to be issued, executed or

negotiated an) stock or bond note or other evidence of

indebtedness

4) Directly or indirectly, knowingly apply, or cause orassist to be applied, the proceeds, or any part thereof, from theAide of any stock or bond, note or other evidence of indebtedness, to any purpose not specified in the commission's order,

or to any purpose specified in the commission' s order in excessof the amount authonred for such purpose

5) With knowledge that any stock or bond, note or otherevidence of indebtedness has been issued or executed in

i iolation of sections 28 to 40 of this Act, negotiate, or cause

the same to be negotiated 11987 c 447 § 401

Transactions Involving Utilities) Sec 41 ( 1) No telecommunications utility doing busi-

ness in Oregon shall, without first obtaining the commission sapproval of such transaction

a) Sell, lease assign or otherwise dispose of the whole of

the property of such telecommunications utilils necessary oruseful in the performance of its duties to the public or any partthereof of a value in excess of $ 10 000, or sell, lease assign or

otherwise dispose of any franchise, permit or right to maintain and operate such telecommunications utility or telecommunications utility property, or perform an) senice as a

telecommunications utility, or

h) Mortgage or otherwise encumber the whole or anypart of the property of such telecommunications utility necessary or useful in the performance of its duties to the public,

including any franchise, permit or right to maintain and

operate such telecommunications utility or telecommunica-

tions utility property, or perform any service as a telecommunications utility, or

c) B) any means whatsoever directly or indirectly, merge or consolidate any of its lines, plant, system or otherproperty whatsoever, or franchise or permit to maintain or

operate any telecommunications utility property, or perform

any service as a telecommunications utility, or any partthereof, with am other public utility or telecommunicationsutility

2) Etery such sale, lease, assignment mortgage. disposition, encumbrance merger or consolidation made other than

in accordance with the order of the commission authorizingthe same is void

3) This section does not prohibit or invalidate the sale,

lease or other disposition by any telecommunications utility ofproperty which is not necessary or useful in the performance

of its duties to the public [ 1987 c 447 § 41]

See 42 ( 1) No telecommunications utility shall, directly or indirectly, purchase, acquire or become the owner

of any of the stocks or bonds or property utilized for utilitypurposes and hat mg a value in excess of S10 000 of am otherpublic utility or telecommunications utility unless authorizedto do so by the commission

2) Every contract by any telecommunications utiht) forthe purchase, acquisition, assignment or transfer to it of anyof the stock of any other telecommunications utility b) orthrough any person, partnership or corporation without theapproval of the commission shall be void and of no effect, and

no such transfer or assignment of such stock upon the books of

the corporation pursuant to any such contract is effective forany purpose ( 1987 c 447 § 42]

See 43 ( 1) Before any telecommunications utilitydoing business in this state enters into a contract with anothercorporation with relation to the construction, operation,

maintenance or use of the property of surd telecommunica-

tions utility in Oregon, or the use of the property of the othercontracting party, or any part thereof, or for service, advice, engineering, financing, rentals, leasing or for any constructionor management charges in respect of any such property, or forthe purchase of property, materials or supplies, the proposed

contract shall be filed with the commission for the investiga-

tion and approval when the telecommunications utility owns amajonty of or controls directly or indirectly the voting stockof the other contracting corporations

2) When any such proposed contract has been filed withthe commission, the commission shall promptly investigate

and act upon it in accordance with subsections ( 3) and ( 5) of

section 44 of this Act

3) In making such investigation the commission andaccountants, exammers and agents, appointed by the commission for the purpose, shall be given free access to all books,

books of account, documents, data and records of the telecom-

munications utihty as well as of the corporation with which it

is proposing to contract, which the commission may deemmaterial to the investigation The failure or refusal of either of

the parties to the proposed contract to comply with thissubsection is prima facie evidence that such contract is unfair,

unreasonable and contrary to public interest, and is sufficient

to justify a determination and finding of the commission tothat effect, which has the same force and effect as any otherdetermination or order of the commission 11987 c 447 § 431

Sec 44 ( 1) No telecommunications utility doing business in this state shall make or contract to make any payment,

directly or indirectly, to any person or corporation has mg anaffiliated interest, for service, advice, auditing, accounting, sponsoring, engineering, managing, operating, financing, legalor other services, or enter any charges therefor on its books,

which shall be recognized as an operating expense or capitalexpenditure in any rate valuation or any other hearing orproceeding, until the propriety and reasonableness of any suchpayment, or contract for payment, has been submitted to and

approi,ed by the commission

2) No telecommunications utility doing business in thisstate shall enter into any contract, oral or written, with anyperson or corporation having an affiliated interest relating to

the construction, operation, maintenance, leasing or use of theproperty of such telecommunications utility in Oregon, or thepurchase of property, materials or supplies, which shall be

1011

SUPERSEDED

757. 870 UTILITIES- RAILROADS AND OTHER CARRIERS

recognzed as the basis Of an operating expense or capital

expenditure in any rate valuation or line other hearing orproceeding unless and until such proposed contract has beensubmitted to and approed by the conuunsaon

3) when any such proposed contract has been submit- led to the commission the commission promptly shall exam-

ine and imestigato it If, after such m%estigatnon the

commission determines that it is fair and reasonable and not

contrary to the public interest the commission shall enterfindings and order to this effect and serve a copy thereof upon

the telecommunications utility %thereupon the contract maxIaufu h, be recognized for the purposes entered into If, aftersuch investigation the comnussion determines that the con-

tract its not fair and reasonable in all its terms and is contrary

to the public interest, the comtmssion shall enter findings and

order acct rduigh and serve a cop% thereof upon the telecom -

munications uuhty and it shall be unlawful to recognize thecontract for the purposes specified in this section

4) No telecommunications uWn% shall issue notes or

loan its funds or gne credit on its books or othenxnse to any

person or corporation taxing an affiliated interest, either

directy onndnrectly without the approval of the commission

5) The action of the commission with respect to all the

matters described in this section when submitted to the

commission, shall be by findings and Order to be enteredwithin 90 dais after the matter has been submitted to the

commission for consideration and the findings and order of

the commission with rupect to any of such matters shall beand remain in full force and effect, unless and until set aside

by suit brought and prosecuted as pro tried in OHS 756 580 to756610 and the tdc, ommumcat inns utility or any other

person or curponwon affected by any such findings and order

may bring and prosecute such suit [ 1987 c 447 §441

Sec 45 when any telecommunications utility is pri-

marily engaged in another enterprise and is only indirectlyengaged in the production, transmission, delnery or furnish -

mg of heat light, water or poser to or for the public by reasonof a contract or agreement express or implied, between itself

and another public utility which is directly engaged in suchbusiness the jurisdiction Of the commisaon oer such public

utility extends only to the right to modify control, rescind, alter or amend any such exist Ong contract or agreement where

the interest of the customers of such telecommunications

utility directly engaged in such business demands No suchcontract or agreement is valid or enforceable until it has been

approved by the commission as being in the public interest1987 c 447 § 451

illegal Practices)

Sec 46 ( 1) Except as pro%nded in section 47 of this

Act no telecommunications utihry or any agent or officer

thereof shall directy or mdirectIv b% any device, charge, demand collect or receive from anv person a greater or less

compensation Cur anv sen lie mndered or to be rendered b% itthan

a) That prescribed in the public schedules or tariffs then

in force or established or

N) It charges demands, collects or recenes from anyother person for a like and contemporaneous service under

substantially similar circumstances

2) Any telecommunications utility violating this sectionis guilty of unjust discrimination [ 1957 c 447 § 461

Sec 47 ( 1) Section 46 of this Act dues not prevent any

telecommumcat ions utility from giving free senrce, orreduced rates therefor, to

a) Its officers, directors employes and members of theirfamilies,

b) Former employes of such telecommunications util-

ities or members of their families where such former employes

have became disabled in the service Of such telecommunica-

tions utility or are unable from physical disqualificationincluding retirement to continue in the sen n e, or

c) Members of families of deceased employes of such

telecommunications utility

2) The commission may require any telecommunica-

tions utility to file with the commission a list xenl5ed underoath of all free or reduced rate prndeges granted by atelecommunications utility under the provisions of this seclion 11987 c447 § 471

Sec 48 ( 1) No telecommunications utilav shall

demand charge collector recene from am person less com-

pensation for any senrce rendered or to be rendered by thetelecommunications utility in consideration of the furnishingby such person of any part of the facilities incident thereto

2) This section does not prohibit any telecommunica-

tions utnht% from renting any customer' s facilities incident toproviding its services and for paying a reasonable rentaltherefor

3) This section does not require a lclecommunicat ions

utility to furnish any part of such appliances which aresituated in and upon the premises of nm customer except

meters and appliances for measurements of any service unless

otherwise ordered by the commission [ 1987 c 447 §481

Sec 40 ( 1) No telecommunications utility shall make

or give undue or unreasonable preference or advantage to any

particular person or locality, or shall subject any particular

person or locahly to any undue or unreasonable prejudice ordisadx antage in any respect

2) Any telecommunications utility %iolating this section

its guilty of unjust discrimination [ 1987 c 447 § 491

Sec 50 No person shall knowingly solicit, accept or

recene any rebate, concesaon or discrimination in respect toany service whereby any such senrce shall, by any device, berendered free or at a lesser rate than that named in the

published schedules and tariffs in force, or whereby any

service or advantage is received other than authorized in

sections 1 to 70 of this Act [ 1987 c 447 § 501

Sec 51 No telecommunications u ditj shall, directlyormdirectly, bvany device charge demand collector recenefrom anv customer, rates which are derned from a rate base

which includes within it any construction budding, installation or real or personal property not presently used for

providing utility service to the customer [ 1987 c 447 § 511

Penalties)

Sec 52 ( 1) Any telecommunications utility violatingsection 46 of this Act shall upon conviction, forfet and pay to

the State Treasurer not less than $ 100 nor more than 81 000

1012

SUPERSEDED

UTILITY REGULATION GENERALLY 757, 870

for each offense Violation of section 46 of this Act by anofficer or agent of a telecommunications u ility is punishable, upon conviction, by a fine of not less than $ 50 nor more than

100 for each offense

2) Any per, on violating section 49 ofthis Act shall, uponcini imtioq forfeit end pay to the State Treasurer not less than

100 and not more than $10 000 for each offense Violation of

section 49 of this Act by any agent or officer of any telecom - munmations utility or person is punishable upon conviction,

b} a fine of not less than $ 100 and not more than $ 1, 000 foreach offense

3) Violation of section 60 Of this Act is punishable, upon

conviction, by a one of notless than $50 nor more than $ 1, 000for each offense

4) Violation of section 39 of this Act is punishable, upon

conviction by a fine of not less than $ 500 nor more than20, 000 tar each offense

5) Violation of section 40 of this Act is a felony and ispunishable, upon coin ictum, by a fine of not less than $ 1, 000nor more then $20, 000, or by imprisonment in the pemtent -

any for not less than one nor more than five years or both

1987 c 447 § 521

Allocation of Territories and Customers)

Sec 53 As used in sections 53 to 68 of this Act, unlessthe context requires otherwise

1) " Allocated terntor9 means an area with boundariesestabhshed by a contract betty eon persons furnishing a similarutility service and approved by the commission orestablishedby an order of the commission approving an application forthe allocation of territory

2) ' Person" im ludes individuals, firms, partnerships,

corporations associations, wuperatnes and municipalities,

or their agent, lessee, trustee or referee

3) " Telecommamcahons utility service" means serviceprovided b} any equipment, plant or facility for the provisionof local exchange telecommunications service as defined insubsection ( 3) of section 1 of this Act Telecommunications

utility service" does not include service provided through or b} the use of any equipment, plant or facilities

a) For the provision at telecommunications servicewhich pass through or over but are not used to provide sen ice

M or do not terminate in an area allocated to another person

providing a similar utility service,

b) For the provision of lucal exchange telecim munications service, as defined in subsection ( 3) of section I of this

Act, commonly known as " prnate lines "or "farmer lines ", nor

c) For the provision of shered telecommunications service as defined in subsection (6) of sectiun 1 of this Act 11987c 447 § 5n]

Sec 54 The elimination and future prevention ofduplication of utility facilities is a matter of state -wide concern, and in order to promote the efficient and economic use

End development and the safeq of operation of utility serviceswhile providing adequate and reasonable service to all ternto-

ties and customers affected thereby, it is necessary to regulatein the manner provided in sections 53 to 68 of this Act all

persons and entities providing telecommunications utilityservices [ 1987 c447 041

Sec 55 ( 1) Any person providing a telecammu ica- tions utility service may contract with any other personproviding a similar telecommunications utility senme for thepurpose of allocating territories and customers between the

parties and designating which territories and mist4mers are to

be served by which of said contracting parties and theterritories and customers so allocated and designated mayinclude all or any portion of the territories and customers

which are being served by either or both of the parties at thetime the contract is entered into, or which could he eon

Wraarclly served by the then existing facilities of either part) or by reasonable and economic extensions thereto

2) Anv such contracting parties may also contract inwriting for the sale exchange, transfer or lease of equipment

or facilities located within tern ory which is the subject of theallocation agreed upon pursuant to subsection ( 1) of this

section Any sale, exchange, transfer or lease of equipment,

plant or facilities made pursuant to this subsection by anyperson which is a ' telecommunications utility' as defined insection 1 of this Act is also subject to the approval of the

commission to the extent required by sections 1 to 70 of thisAct 11987 c 447 §55]

Sec 56 Notwithstanding an} otherprovismns of law, a contract entered into pursuant to section 55 of this Act,

hen approved by the commission as pro, ided in sections 57to 68 of this Act, shall be valid and enforceable, provided, that

the commission shah approve such a contract only if thecommission finds after a hearing as provided in sections 57 to68 of this Act, that the contract will eliminate or avoid

unnecessary duplicating facilities and will promote the efficient and economic use and development and the safety ofoperation of the telecommunications utility systems of theparties to the contract, while providing adequate and reason-

able service to all territories and customers affected thereby1987 c 447 § 561

See 57 ( 1) A contract entered into pursuant to

section 55 of this Act shall he promptly filed with thecommission, and the commission shall within 30 data after

such filing, give notice of such filing If the commissionchooses or if any customer or customers request a hearing onthe matter within 30 days of the notice. the commission shall

hold a hearing by telephone or in person The commission

shall give notice of such hearing within 30 days u( thecustomer' s requestwhich notice shall setthe date and place of

hearing on the question as to whether or not such contract w illbe approved The hearing shall be held at a place within orconveniently accessible to the territories affected by thecontract

2) The commission shall publish notice of the filing in anewspaper or newspapers of general circulation in each of the

territories affected by the Contract Each such notice shall bepublished at least once weekly for two successive weeks 11987c 447 § 571

Sec 58 ( 1) On the basis of the applicant' s filing or, ifthere is a hearing, on the record made at the hearing heldpursuant to section 57 of this Act, the commission shall enter

an order either approving or disapproving the contract asfiled, together with any appropriate findings of the factssupporting such order

2) Any party to such contract may commence a suit tovacate and set aside the commission' s order an the ground

1013

SUPERSEDED


that such order is unlawful and so far as applicable and not

inconsistent herewith the provisions of ORS 756580 to756610 shall govern such suit

3) If the commission approves a contract and no suit is

filed to vacate or set aside the commission' s order as above

provided, the contract shall be deemed to be valid and enfor-

ceable for all purposes from the date on which the right to filesuch suit expires If a suit to vacate or set aside the commis-

sion' s order is filed, the vandit) of the contract shall be as

determined by the final , judgment therein rendered [ 1987c 447 § 58]

Sec 59 Any contract that has been approved as

provided in sections 53 to 68 of this Act may be subsequentlyamended by the parties thereto, but any such amendatoryagreement shall be filed with the commission and shall there-

after be approved or disapproved by the commission in themanner prov ided in sections 57 and 58 of this Act However,

no hearing is required if all affected customers approve theamendatory agreement An amendatory agreement may beenforced in the manner provided in section 66 of this Act

1987 c 447 § 591

Sec 60 ( 1) Any person prov, idmg a telecommunications utility sen tee in a ternton) that is not served by anotherperson providing a similar telecommunications utility " mice

may make application to the commission for an order allocating such territory to it The application may include anyadjacent area that it is more economical and feasible to serve

by an extension of the applicant' s existing facilities than by anextension of the facilities of another person

2) The commission shall within 30 days after the filing

of such application giv a notice of the filing If the commissionchooses or if a customer requests a hearing on the matterwithin 30 days of the notice, the commission shall hold a

hearing by telephone or in person The commission shall givenotice of the hearing within 30 day% of the request whichnotice shall set the date and place of hearing The hearingshall be held at a place within or conveniently accessible to the

territory covered by the application Notice of the filing shallbe by publication in a newspaper or newspapers of generalcirculation in the territory covered by the application andshall be published at least once weekly for two successiveweeks Written notice of the filing shall be given to prov idersof similar telecommunications utility service in adjacent ter-

ritory_

3) Territory within the limits of a city, as fixed on May31, 1961 shall not be deemed to be served exclusively by anyperson, if such city is, an such date, sened by more than oneperson having necessan municipal or franchise authority toserve within the entire city [ 1987 c 447 § 60]

Sec 61 ( 1) On the basis of the application, or, if there

is a hearing, on the record made at the hearing held pursuantto section 60 of this Act, the commission shall enter an order

either approv mg or disapproving the application as filed or asamended together with findings of the facts supporting such

order

2)' rhe commission before approv ing an application forthe allocation of territory, shall find that the applicant isexclusively senutg the territory covered b} the applicationand in the case of an adjacent unserved nrea that it is more

economical and feasible to serve b) an extension of the

applicant's existing facilities than by an extension of thefacilities of another person [ 1987 c 447 § 611

Sec 62 Any pan} to the hearing may commence a suitto vacate and set aside the commission' s order as provided in

ORS 756 .580 to 756 610 If no suit is filed to vacate or set asidethe commission' s order within the specified time, the order

shall thereafter be valid and enforceable for the purposesherein specified from the date on which the right to file such

suit expires If a suit to vacate or set aside the commission' s

order is filed, the validity of the order shall be determined bythe final judgment therein provided 11987 c 447 §62]

Sec 63 ( 1) Territory served by more than one personproviding similar telecommunications utility sen ice ma) onlybecome an allocated territory by a contract approved by thecommission

2) No other person shall offer, construct or extend

telecommunications utility service in or into an allocated

territory

3) During the pendency of an application for an allocation of exclusively served territory, no person other than theapplicant shall offer, construct or extend telecommunications

utihty service in or into the territory applied for, nor shall anyperson without the express consent of the commission, offer,

construct or extend telecommunications utility service in or

into an) unserved territory which is the subject of a filingpending before the commission under section 57 or 60 of thisAct [ 1987 c 447 § 63]

Sec 64 ( 1) The commission may make such investiga-

tions respecting a contract or an application for the allocationof ternton as the commission deems proper including thephysical examinations and evaluations of the facilities andsystems of the parties to the contract, estimates of their

operating costs and revenues slid studies of such other information as the commission deems pertinent

2) Insofar as applicable and consistent herewith, theprovisions ofORS 756 500 to 756 610 shall goo ern the conduct

of hearings

3) In considering competing applications to serve thesame territory, there shall be a disputable presumption thatapplicants have an equal abiht) to extend, improve, enlarge,

build, operate and maintain existing or proposed facilities11987 c 447 § 64]

Sec 65 ( 1) The rights acquired by an allocation of

territory may only be assigned or transferred with theapproval of the commission after a finding that such assignment or transfer is not contrary to the public interest How- ever, no hearing is required if all affected customers agree tothe proposed assignment or transfer

2) No approved contract or order approving an alloca-

tion of ternton shall be construed to confer any property

right providing however upon the death of an individual whois a party to an approved contract or the applicant under anapproved order, the executor or administrator shall continue

the operation thereunder for the purpose of transferring such

rights for a period of not to exceed two years from the date ofdeath

3) In the event the property of a person serving anallocated territory is condemned, no value shell be claimed orawarded by reason of the contract or order making suchallocation [ 1987 a 447 § 651

See 66 In the event a contract approved by thecommission is breached or in the event an allocated territory

1014

SUPERSEDED


is served by a person not authorized by Such contract or orderof the commission, the aggrieved person or the commission

may file an action m the crrcmt court for any county in whichis located some or all of the allocated territory allegedlyinvolved in said breach or invasion, for an Injunction againstsaid alleged breach or invasion The trial of such action shall

proceed as m an action not triable by nght to a) ury Any partymay appeal to the Court of Appeals from the court' s decree, asm other equity cases The remedy pro%ided in this section

shall be in addition to any other remedy provided by law11987 c 447 § 661

See 67 ( 1) Sections 53 to 68 of this Act shall not beconstrued or applied to restrict the powers granted to cities to

issue franchises or to restrict the exercise of the power of

condemnation by a municipality, and when a municipality hascondemned or otherwise acquired another person' s equipment, plant or facilities for rendering telecommunicationsutility service, it shall acquits all of the rights of the person

whose property is condemned to serve the territory sexed bythe acquired properties

2) Sections 53 to 68 of this Act shall not be construed to

restrict the right of a municipality to provide telecommunications utility service for street lights, fire alarm systems. airports, buildings and other municipal installationsregardless of their location

3) Sections 53 to 68 of this Act shall not be construed to

confer upon the commission any regulatory authority overrates, service or 5nancmg of cooperatives or municipalities1937 c 447 § 67]

Sec 68 Except in cases under sections 59 and 65 ofthis Act, where no hearing is required to cover the costs ofadministering sections 53 to 68 of this Act, the commission is

required to receive fees before frhng any contract, application, petition, complaint, protest, appearance, motion, answer or

other pleading and for holding any hearing All fees shall becollected m accordance with the following schedule

1) Filing application for allocated territory under seo- tion 60 of this Act by a person having annual gross revenuederived from within the state for the calendar year 1960

a) In excess of $5 million or more, a fee of two- tenths ofone mill of such revenue but in no event shall such fee exceed

10, 000

h) In excess of $100, 000 but less than $5 million, $100

6 Less; than $100,000, $ 50

other lands necessary and convenient for the purpose ofconstruction of serums facilities, doing no unnecessarydamage thereby

b) Condemn such lands not exceeding 100 feet in widthfor Its Ines ( Including poles, towers, wires, supports andnecessary equipment therefor) and in addition thereto, other

lands necessary and convenient for the purpose of construetorn of service facilities

2) Notwithstanding Subsection ( 1) of this section, anytelecommunications utility may, when necessary or convenient for transmrsslon lines ( including poles, towers, wires, supports and necessary equipment therefor) designed forvoltages in excess of 330,000 volts. condemn land not to

exceed 300 feet in width In addition, if the lands ere covered

by trees which are liable to fall and constitute a hazard to its

wire or line, such telecommunications utility may condemnsuch trees for a width not exceeding 100 feet on either side ofthe condemned land, as may he necessary or convenient forsuch purpose

3) The proceedings for the condemnation of such landsshall be the same as that provided in ORS chapter 35,

provided that any award shall include, but shall not be limitedto, damages for destruction of forest growth, premature cut-

ting of timber and diminution in value to remaining timbercaused by increased harvesting costs [ 1987 c 447 § 691

Sec 70 When it is necessary or convenient, in thelocation of any poles or lines mentioned in section 69 of thisAct, to appropriate any part of any public road, street, alley orpublic grounds not within the corporate limits of any munici-

pal corporation, the county court or board of county commissioners of the county within which such road street, alley orpublic grounds is located, may agree with the telecommunications utility upon the extent, terms and conditions upon

which the same may be appropriated or used and occupied bysuch corporation If such parties are unable to agree, the

telecommunications utility may condemn so much thereof asis necessary and convenient in the location and construction

of the poles nr lines The provisions of ORS chapter 35 are

applicable to condemnations under this section 11987 c 447

701

Miscellaneous)

See 71 ORS 757 810 and 757820 ere added to and

made a part of sectmns 1 to 70 of this Act 11987 c 447 § 711

2) Filing a contract or application under section 57 of Sec 72 ORS 757 815 is added to and made a part ofthis Act, $100

sections 1 to 70 of this Act and is amended to read

3) Filing petition or complaint, $25

4) Filing protest, appearance, motion, answer or otherpleading, $10

5) Filing an application for allocated territory undersection 60 of this Act subsequent to an original allocation and

payment of fee under subsection ( 1) of this section, $ 100

11987 c 447 § 681

Rights of Way)

Sec 69 ( 1) Any telecommunications utility may

a) Enter upon lands within this state for the purpose of

757 815 ( 1) No person, corporation, company, association of individuals or their lessees, trustees, or receivers

shall provide intrastate telecommunications service on a for -

hire basis without a certificate of authority issued by thecommission under this section

2) Applications for certificates of authority shall be in aform prescribed by the commission and shall describe the

telecommunications services the applicant proposes to pro-

vide Notice of all applications she;], within 30 days of filing, be served by the commission upon all persons holding authority to provide telecommunications service issued under this

section or providing local exchange telecommunications serv-

examirnng, locating and surveying the line thereof and also ice

1015

SUPERSEDED

UTILITIES, AND OTHER CARRIERS

3) No certificate shall authorize any person to provide

local exchange telecommmucations service within the local

exchange tehicommunicatinns service area of a telecom -

munications utility unless such utility consents is unable toprovide the service or fails to protest an application This

subsection shall not apply to any application for a certificateby a provider of shared telecommunications services

4) After notice a hearing need not he held prior toissuance of a certificate of authority except upon the commis-

sion's own motion or unless the application is to authorize a

person W provide local exchange telecommunications service

in the local exchange telecommunications service area of a

telecommunications utility and such utility protests Afterhearing, the commission shall issue the certificate only upon a

Showing that the proposed service is required by the publicinterest

5) The commission may classify a successful applicantfor a certificate as a telecommunications utility or as a

competitive telecommunications services provider If thecommission finds that a successful applicant for a certificatehas demonstrated that services it offers are subject to com-

petition or that its customers or those proposed to becomecustomers have reasonably available allernatnes, the com-

mission shall classify the applicant as a competitive telecom - mumcations Services provtder The commission shall conduct

the initial classification and any subsequent review of theclassification to accordance with such procedures as the

cnmmission may establish by rule after hearings The commission may attach reasonable conditions to such classifica-

tion and may amend or revoke any such order as provided inORS 736568 Per purposes of this section in determiningwhether telecommunications services are subject to compel i-

teon or whether there are reasonably available alternatives,

the commission shall consider

a) The extent to which services are available fromalternative providers in the relevant market

h) The extent to which the services of alternative

providers are functionally equivalent or substitutable at coinparable rates terms and conditions

c) Existing economic or regulatory harriers to entryd) Any other factors deemed relevant by the comons-

ston

Sec 73 ORS 757 825 is added to and made a part of

sections I to 70 of this Act and is amended W read

757 825 ( I) Except as otherwise provided to this

section, the commission shall have authority to determine themanner and extent of regulation of telecommunications serv-

ices within the State of Oregon

2) Upon petition by any interested party and followingnotice and investigation the commission may exempt in

note or in part from regulation those telecommunications

services for which the commission finds that price or service

Competition exists or that such services can be demonstrated

by the petitioner or the commission to be subject to competition, or that the public interest no longer requires full regula

Lion thereof The commission may attach reasonable

conditions to such exemption and may amend or revoke anysuch order as provided in ORS 756 568

3) Upon petition by any telecommunications utility thecommtssmn shall exempt from regulation those telecom -

mumcatiuns services for which the commission finds that

a) The rates the telecommnnlcatlnns unlLty propnseh forsuch services cover the full long -range incremental costs of

providing such services, and

h) Price and service competition exists, or

c) Such services can be demonstrated by the telecom-

munications utility to be subject to competition

4) prior to making the findings required by subsections2) and ( 3) of this section, the commission shall consider


h) ' lhe extent to which the services of alternatne

providers are functionally equivalent or substitutable at comparable rates, terms and conditions

c) Existing economic or regulatory barriers to entry

4d1 Am other factors deemed relevant by the counters- Sion

6) No telecommunications utrhty may use revenues

earned from or allocate expenses to that portion of its businesswhich is regulated under this chapter to subsidize activities

which are not regulated under this chapter, nor shall the

commission require revenues or expenses from any activitynot regulated under this chapter to be attributed to theregulated activities of a telecommunications utility However, this subsection shall not be interpreted to affect any appropri-

ate subsidy determined by the commission under subsection9) of this section

6) I£ the commission determines that a product or

service offered by a telecommupicatmns utility as part of localexchange telecommunications services can be demonstrated

by the utility to be subject W competition, or if a product orsemce to not an essential product or service, the commission

may authorize the utrhty to file a price list, together with theterms and prices of such services or products The price list orany revision thereof is not subject to the provisions of sections13 W IS of this 1987 Act and shall become effective immedt-

ately on filing with the commission unless a later date isspecified In making the determination of whether a productor service is subject to competition, the commission shallconsider


b) The extent to which services of alternative providers

are functionally equivalent or substitutable at comparablerates, terms and conditions

c) Existing economic or regulatory barriers to entry

d) Any other factors deemed relevant by the commis- Sion

7) Hates and terms of toll telecommunications servicesshall not be established under the procedures of sections 13 to

16 of this 1987 Act However, the commission, in the public

interest, may establish maximum rate levels and terms for tollson ice on noncompettlne routes

8) The commission may tequne any person providingtelecommumeations service on noncompetitive toll routes to

file rates and terms for service on such noncompetitive routes

which mine be effective immediately unless otherwise ordered

by the commission

1016

SUPERSEDED


9) The commission is authorized to determine whether

and to what extent a telecommunications service provided bya telecommunications utility within the State of Oregonshould he subsidized in order for telecommunications services

to be available at reasonable rates If any subsidy is found tobe required, the commission shall undertake an investigation

and determine, after hearings, the revenue source or sources of

a fund necessary to provide the subsidy and the manner ofcollection and distribution of the fund

10) If the commission finds upon notice and investiga-

tion that customers of shared telecommunications senates

have no alternative access to local exchange telecommunica-

tions services, the shared telecommunications service pro-

vider may be required to make alternative facilities or conduitspace available on reasonable terms and conditions at reason-

able prices

Sec 74 ORS 757 835 is added to and made a part ofsections 1 to 70 of this Act and is amended to read

757 835 ( 1) Notwithstanding an} other provision ofsections 1 to 70 of this 1987 Act, the commission shall not

authorize a telecommunications utility to implement a rateschedule that includes optional measured service for business

customers unless the rate for the service is sufficient to defrayall costs that must be incurred to implement the service,

including the costs of measuring and billing

2) As used in this section

a) " Local exchange telephone service" means telephoneservice provided within the boundaries of exchange maps filed

with and approved b) the commission

b) " Measured service" means local exchange telephone

service, the rate for which is based upon the number of calls,

length of calls, distance or time of day

Sec 142 ( 1) There is created a Telecommunications

Statute Review Committee The study committee shall consist of members appointed by the President of the Senate andthe Speaker of the House of Representatives so as to fairl)

represent the telecommunications industry, the Public UtilityCommission or the designee of the commission, the Citizen' s

Utility Board and other consumer interests and the Legisla- tive Assembly

2) The committee shall

a) Review the provisions of House Bill 3072 ( 1987

Regular Session)

b) Based upon the review pursuant to paragraph ( a) of

this subsection, submit for presession filing at the Sixty -fifthLegislative Assembly proposed legislation that establishesseparate statutes for regulation of telecommunications util-

ities which does not make substantive changes in existing law

c) Submit to the Sixty -fifth Legislative Assembly otherfindings and recommendations the committee determines

necessary to facilitate or clarify the separation of regulation of

telecommunications from the regulation of energy, transportation and water

3) Legislative members of the stud) committee shall

receive per diem and expenses under ORS 171072, payable

from funds appropriated to the Legislative Assembly

4) Subject to the approval of the Legislative Counsel,

the Office of the Legislative Counsel shall provide necessaryservices and support to the study committee

5) The cost of supplies and miscellaneous expenses

incurred by the study committee shall be paid from fundsappropriated to the Legislative Counsel Committee, in an

amount not to exceed $ 1, 000 11987 c 447 § 142]

Effective Date)

Sec 143 Sections 1 to 141 of this Act take effect July1, 1989 [ 1987c447 § 1431

Sec 2a On July 1, 1989, section 73, chapter 447, Oregon Laws 1987 ( Enrolled House Bill 3072) ( amendments

to 757 8251 is repealed [ 1987 c 613 § 2al

PENALTIES

757.990 Penalties. ( 1) Any person ormunicipality, or their agents, lessees, trustees orreceivers, who omits, falls or refuses to do any actrequired by ORS 757 035, or falls to comply withany orders, rules or regulations of the commissionmade in pursuance of ORS 757 035, shall forfeit

and pay into the State Treasury a sum of not lessthan $ 100, nor more than $ 10,000 for each suchoffense

2) Any public utility violating ORS 757 310shall, upon conviction, forfeit and pay to theState Treasurer not less than $100 nor more than

1, 000 for each offense Violation of ORS 757 310

by an officer or agent of a public utility ispunishable, upon conviction, by a fine of not lessthan $50 nor more than $100 for each offense

3) Any person violating ORS 757 325 shall, upon conviction, forfeit and pay to the StateTreasurer not less than $ 100 and not more than

10, 000 for each offense Violation of ORS

757 325 by any agent or officer of any publicutility or person is punishable, upon conviction,

by a fine of not less than $100 and not more than1, 000 for each offense


upon conviction, by a fine of not less than $50 normore than $ 1, 000 for each offense


upon conviction, by a fine of not less than $500nor more than $20,000 for each offense

6) Violation of ORS 757 450 is a felony andis punishable, upon conviction, by a fine of notless than $ 1, 000 nor more than $ 20,000, or byimprisonment in the custody of the Departmentof Corrections for not less than one nor more than

five years, or both [ Amended by 1971 c 655 § 95, 1979c 990 §428, 1987 c 320 §245]

757. 991 Civil penalty for noncompliance with gas regulations. Any person or municipality, or their agents, lessees, trustees or receivers, engaged in the management,

operation, ownership or control of facilities for

1017

SUPERSEDED

757 991 UTILITIES: RAILROADS AND OTHER CARRIERS

the transmission or distribution of gas bypipeline, or facilities for the storage or treatment

of gas to be transmitted or distributed bypipeline, who fails to do any act required by ORS757 039, or falls to comply with any orders, rulesor regulations of the commission made In pur-

suance of ORS 757 039, shall forfeit and pay Into

the State Treasury a civil penalty not to exceed1, 000 for each such failure for each day such

failure persists, except that the maximum civil

penalty shall not exceed $200, 000 for any relatedseries of failures [ 1969 c 372 94]

1018

757 992 [ Formerly 758990 renumbered 1659901

SUPERSEDED

Chapter 758 -


Utility Rights of Way and Territory Allocation; Cogeneration

UNDERGROUND ELECTRIC AND

COMMUNICATIONS FACILITIES

758 210 Policy


758 220 Authority for conversion to underground

RIGHTS OF WAY

758 010 Authority to construct lines and facilities,

Definitions for ORS 758 015 and 758 400

requirements and conditions by public offi-

758 230

cials

758 015 Certificate of public convenience and neces-

758235

sity

758 020 Joint occupancy of poles required

758 035 Commission' s power to enforce joint use of

758 245

facilities



758 210 Policy


758 220 Authority for conversion to underground

ALLOCATION OF TERRITORIES AND

facilities, formation of assessment district

758 225 Petition, ordinance or resolution for con-

Definitions for ORS 758 015 and 758 400

version; contents, filing

758 230 Assessment procedure, objections to con-

Purpose of ORS 758 400 to 758 475

version

758235 Applicability of local improvement laws,

customers between suppliers of utility serv-

issuance of bonds

758 240 Contract with utility for conversion

758 245 Payment of costs for conversion, removal of

mission; conditions for approval

overhead facilities

758 250 Conversion of facilities on private lands,

notice

procedure, payment of costs

758 255 Discontinuance of utility service for non-

vacate order

compliance with conversion provisions

758 260 Competitive bidding for utihty conversion

mission

inapplicable

758 265 Overhead facilities prohibited in assess-

utility service, for allocation of territory,

ment district after conversion

758 270 ORS 758 210 to 758 270 supplemental to

existing laws and rights

ALLOCATION OF TERRITORIES AND

Order of commission on application

CUSTOMERS


Contract required for allocation of ter-

to 758 475

758 405 Purpose of ORS 758 400 to 758 475

758 410 Contracts for allocation of territories and

application, exception, third party financ-

customers between suppliers of utility serv-

ing

ice and for transfer of facilities

758 415 Contract enforceable if approved by com-

contracts or applications, hearing pro-

mission; conditions for approval

758 420 Filing of contract, hearing on approval,

Assignment or transfer of rights acquired

notice

758 425 Order of commission on contract, suit to

Enforcement procedure

vacate order

758 430 Amendment of contract, approval of com-

cooperatives of ORS 758 400 to 758. 475

mission

758 435 Application, by person providing exclusiveutility service, for allocation of territory,

hearing, notice

758 440 Order of commission on application

758 445 Suit to vacate order on application

758 450 Contract required for allocation of ter-

ritory, allocated territory exclusive, activ-

ity prohibited during pendency of

758 535

application, exception, third party financing

758 455 Investigation by commission respectingcontracts or applications, hearing pro-

cedure

758 460 Assignment or transfer of rights acquired

by allocation, approval of commission

758 465 Enforcement procedure

758 470 Application to cities, municipalities and

cooperatives of ORS 758 400 to 758. 475

758 475 Fees

COGENERATION AND SMALL POWER

PRODUCTION FACILITIES


758 515 Legislative findings

758 525 Electric utilities to file avoided cost sched-

ules, requirement to purchase energy fromqualifying facilities

758 535 Criteria for qualifying facility, terms andconditions of energy sale

758 545 Electric utility required to make good faitheffort to transmit energy from qualifyingfacility

758 555 Qualifying facility does not become publicutility by selling energy

CROSS REFERENCES

Harassment by telephone prohibited, 166 065H\ dluelectric power projects, Ch 543

Interstate telephone companies as public utilities, 757 005

Municipal control over private utilities, 221420, 221450,

221470, 221 916

Municipal utilities, Ch 225

Mutual and cooperative electric companies, taxes payable,

308 805 to 308 820

Recordation of distinguishing mark by telegraph company, 649 070

Relinquishing telephone to permit emergency call, 166 095

Removal ofstructures from public property upon expiration ofgrant or franchise, 221 470

Rights of way for public uses, Ch 772

Rural telephone exchanges, optional gross earnings tax,

308 705 to 308 730

Structure, pipeline, ditch, cable or wire on right ofway of statehighway or county road, necessity for permission, 374 305 to 374 325

Tide and overflow lands, easements for cables, 274 040

1019

SUPERSEDED


Transmission Ines location upon properth of public agencies, 758 035

271 440Authority to regulate rates and attachment In public utility

Unclaimed deposits and refunds held by utilities, 98 316 poles or facilities 757 273, 757 27998 302 to 98 436

758 010

Action for wrongful exercise of franchise 30 510 to 30 560

Electra.al Safeh law, 479 510 to 479 850

1020

SUPERSEDED

RIGHTS OF WAY: ALLOCATION: COGENERATION 758.020

RIGHTS OF WAY

758.010 Authority to construct linesand facilities, requirements and conditions

by public officials. ( 1) Except within cities, any person or corporation has a right and privilege to construct, maintain and operate Its water,

gas, electric or communication service lines, fix-

tures and other facilities along the public roads inthis state, as defined in ORS 368 001 or across

rivers or over any lands belonging to the state, free of charge, and over lands of private individuals, as provided in ORS 772 210 Such lines, fixtures and facilities shall not be constructed so

as to obstruct any public road or navigablestream

2) A county governing body and the Depart- ment of Transportation have authority to designate the location upon roads under theirrespective jurisdiction, outside of cities, where

lines, fixtures and facilities described in this

section may be located, and may order the location of any such line, fixture or facility to bechanged when such governing body or department deems it expedient Any line, fixture orfacility erected or remaining in a different location upon such road than that designated in anyorder of the governing body or department Is apublic nuisance and may be abated accordingly

3) The state officer, agency, board or commission having jurisdiction over any land belonging to the state with respect to which the rightand privilege granted under subsection ( 1) of this

section is exercised may impose reasonable

requirements for the location, construction, operation and maintenance of the lines, fixtures andfacilities on such land The person or corporation

exercising such right and privilege over any landbelonging to the state shall pay the current market value for the existing forest products that aredamaged or destroyed in exercising such rightand privilege Such right and privilege of anyperson or corporation is conditioned upon com-

pliance with the requirements imposed by thissubsection [ Amended by 1955 c 123 § l, 1971 c 655 § 100,

1981 c 153 § 76]

758.015 Certificate of public convenience and necessity. ( 1) When any person, asdefined in ORS 758 400, providing electric utilityservice, as defined in ORS 758 400, proposes toconstruct an overhead transmission line whichwill necessitate a condemnation of land or aninterest therein, it shall petition the Public Util-

ity Commission for a certificate of public convenience and necessity setting forth a detaileddescription and the purpose of the proposed

transmission line, the estimated cost, the route to

be followed, the availability of alternate routes, adescription of other transmission lines connect-

ing the same areas, and such other information insuch form as the commission may reasonablyrequire in determining the public convenienceand necessity

2) The commission shall give notice and

hold a public hearing on such petition The commission, in addition to considering facts presented at such hearing, shall make thecommission' s own Investigation to determine the

necessity, safety, practicability and justificationin the public interest for the proposed transmis-

sion line and shall enter an order accordinglyThe order shall be subject to review as in other

cases In any proceeding for condemnation, acertified copy of such order shall be conclusiveevidence that the transmission line for which the

land Is required Is a public use and necessary forpublic convenience

3) This section shall not apply to construction of transmission lines in connection with aproject for which a permit or license is otherwise

obtained pursuant to state or federal law 11961

c 691 § 191

758.020 Joint occupancy of polesrequired, (1) The county court, board of countycommissioners or the Department of Transporta-

tion, when designating the location where polesor other aboveground facilities described in ORS

758 010 may be placed on a road or highwaywhich fronts on the ocean or on a river or other

body of water and the water frontage of thehighway is being developed or maintained for itsscenic or recreational value, may require all linesto occupy the opposite side of the right of way, ifsuch joint occupancy can be maintained withoutundue impairment of service or damage to public

life and property

2) If the owners of such lines are unable to

agree on the terms and conditions of joint occu-

pancy, such department, court or board shallrequest the Public Utility Commission to determine the practicability of such joint occupancyand the effect thereof upon adequate and safe

service by the prospective joint occupants, thelocation of the lines, and, if found to be practicable, to fix and prescribe the terms and conditions

pursuant to which joint occupancy shall beaccomplished Before making or entering anorder, such commission shall hold a hearing andmake findings in accordance with ORS 756 500 to756 610, subject to review as provided in ORS

756 580 to 756 610 In fixing terms and conditions pursuant to which joint occupancy shall be

1021

SUPERSEDED


accomplished, the Public Utility Commissionshall require the installation by each occupant ofstandards, devices and equipment reasonablynecessary to protect the equipment of the otheroccupants from damage and the public from

injury arising from such joint occupancy3) The right of any public utility to con-

struct, maintain and operate on a public highwaypoles or fixtures is contingent on compliance with

reasonable requirements established by theDepartment of Transportation, county courts, boards of county commissioners or the PublicUtility Commission under authority of this section and ORS 758 010 Such rights are likewisecontingent and conditioned on all facilities,

equipment and installations being constructedand maintained in strict conformance with mod-

ern and approved standards [ Amended by 1971c655

1021

Note The amendments to 758 020 by section 98, chapter 447 Oregon Laws 1987 take effect July 1, 1989 Seesection 143 chapter 447, Oregon Lnws 1987 The text is Set

forth for the user s comemence

758 020 ( 1) The county court, board of county commissioners or the Department of Transportation, when desig-

nating the location where poles or other aboveground facilitiesdescribed in ORS 758 010 ma) he placed on a road or highway

which fronts on the ocean or on a river or other body of waterand the water frontage of the highway is being developed ormaintained for its scenic or recreational value, may require alllines to occup) the opposite side of the right of way if suchjoint occupancy can be maintained without undue impairment of service or damage to public life and property

2) If the owners of such lines are unable to agree on the

terms and conditions of ,joint occupancy Such department,

court or board shall request the Public Utility Commission todetermine the practicability of such joint occupancy and theeffect thereof upon adequate and safe service by the prospec- Me joint occupants the location of the lines, and, if found to

be practicable to fix and prescribe the terms and conditions

pursuant to which joint occupancy shall be accomplishedBefore making or entering an order, such commission shallhold a hearing and make findings in accordance with ORS756 500 to 756610, subject to review as provided in ORS

756 580 to 756 610 In fixing terms and conditions pursuant to

which joint occupancy shall be accomplished, the PublicUtility Commission shall require the installation by eachoccupant of standards devices and equipment reasonably

necessary to protect the equipment of the other occupantsfrom damage and the public from injury arising from suchjoint occupancy

3) The right of any public utility or telecommunicationsutiht) to construct, maintain and operate on a public highwaypoles or fixtures is contingent on compliance with reasonable

requirements established by the Department of Transporta-

tion, county courts, boards of county commissioners or thePublic Uulit) Commission under authority of this section andORS 758 010 Such rights are likewise contingent and condi-

tioned on all facilities, equipment and installations beingconstructed and maintained in strict conformance with mod-

ern and approNed standards

758 030 [ Renumbered 2714401

758.035 Commission' s power to

enforce joint use of facilities. ( 1) Everypublic utility, person, association or corporation

having conduits, subways, street railway tracks, poles or other equipment on, over or under any

street or highway shall for a reasonable compensation permit the use of the same by any publicutility whenever public convenience or necessityrequires such use and such use will not result in

irreparable injury to the owner or other users ofsuch equipment nor in any substantial detrimentto the service to be rendered by such owners orother users

2) In case of failure to agree upon such use or

the conditions or compensation for such use, anypublic utility, person, association or corporation

interested may apply to the commission, and ifafter investigation the commission ascertains

that public convenience or necessity requiressuch use and that it would not result in irrepara-

ble injury to the owner or other users of suchequipment, the commission shall by order directthat such use be permitted and prescribe reason-

able conditions and compensation for such jointuse

3) The use so ordered shall be permitted andthe prescribed conditions and compensation shall

be the lawful conditions and compensation to beobserved, followed and paid, subject to recourse to

the courts upon the complaint of any interestedparty as provided in ORS 756 580 to 756 610, andsuch statutes so far as applicable shall apply toany suit arising on a complaint so made Any suchorder of the commission may be from time totime revised by the commission upon applicationof any interested party or upon the commission' sown motion All public utilities shall afford all

reasonable facilities and make all necessary regulations for the interchange of business, or trafficcarried or their product between them, when

ordered by the commission so to do [ Formerly7570401

Note The amendments to 758 035 by section 99,

chapter 447, Oregon Laws 1987, take effect July 1 1989 Seesection 143, chapter 447, Oregon Laws 1987 The text is set


758 035 ( 1) Every public utility, telecommunicationsutility person, association or corporation having conduits, subways, street railway tracks, poles or other equipment on,

over or under any street or highway shall for a reasonablecompensation permit the use of the same by any public utility

or telecommunications utility whenever public convenience or

necessity requires such use and such use will not result in

irreparable injury to the owner or other users of such equip-

ment nor in any substantial detriment to the service to berendered by such owners or other users

1022

SUPERSEDED

RIGHTS OF WAY; ALLOCATION; COGENERATION 758.215

2) In case of failure to agree upon such use or the

conditions or compensation for such use any public utility, telecommunications utility person, association or corporation interested may apply to the commission, and if afterinvestigation the commission ascertains that public conven.

ience or necessity requires such use and that it would not

result in irreparable mjun to the owner or other users of such

equipment the commission shall by order direct that such usebe permitted and prescribe reasonable conditions and com-

pensation for such joint use

3) The use so ordered shall be permitted and theprescribed conditions and compensation shall be the lawful

conditions and compensation to be observed, followed andpaid, subject to recourse to the courts upon the complaint of

any interested party as pros ided in ORS 756 580 to 756 610and such statutes so far as applicable shall apply to anv suitarising on a complaint so made Any such order of the

commission may be from time to time revised by the commission upon application of any interested party or upon thecommission' s own motion All public utilities and telecom-

munications utilities shall afford all reasonable facilities and

make all necessary regulations for the interchange of business, or traffic carried or their product between them, when ordered

by the commission so to do

758 040 [ Renumbered 7576061

758 050 ( Renumbered 757 6111

758 060 ( Amended b) 1971 c 743 $ 426, renumbered

7576161

758 070 Renumbered 757 6211

758 080 Renumbered 7576261

758090 Renumbered 757631)

758 100 Renumbered 757 6961

758 110 Renumbered 757 6411



758.210 Policy. The legislature finds thatin many areas of this state landowners, utilitiesand public authorities desire to convert existingoverhead electric and communication facilities to

underground facilities by means of special assessment proceedings The legislature declares that apublic purpose will be served and that the public

welfare will be promoted by providing a procedureto accomplish such conversion by special assessment proceedings and that it is in the public

interest for such conversion to be accomplished

as provided in ORS 758 210 to 758 270 [ 1969 c 3851]

758.215 Definitions for ORS 758. 210

to 758.270. As used in ORS 758 210 to 758 270, unless the context requires otherwise

1) " Convert" " converting" or " conversion" means the removal of overhead electric or com-

munication facilities and the replacement thereofwith underground electric or communication

facilities at the same or different locations

2) " Electric or communication facilities"

means any works or improvements used or useful

in providing electric or communication service,

including but not limited to poles, supports, tunnels, manholes, vaults, conduits, pipes, wires,

conductors, guys, stubs, platforms, crossarms,

braces, transformers, insulators, cutouts,

switches, capacitors, meters, communication cir-

cuits, appliances, attachments and appurte-

nances, and all related facilities required for the

acceptance of electric or communication services,

however

a) " Electric facilities" does not include anyfacilities used or intended to be used for the

transmission of electric energy at nominal voltages in excess of 35,000 volts

b) " Communication facilities" does notinclude facilities used or intended to be used for

the transmission of intelligence by microwave orradio, apparatus cabinets or outdoor public tele-

phones

c) " Electric or communication facilities"

does not include any electric or communicationfacilities owned or used by or provided for arailroad or pipeline and located upon or above the

right of way of the railroad or pipeline

3) " Landowner" or "owner' means the owner

of the title to real property or the contract purchaser of real property of record as shown on thelast available complete assessment roll in the

office of the county assessor

4) " Overhead electric or communication

facilities" means electric or communication facil-

ities located above the surface of the ground

5) " Public authority" means a city or county

6) " Public lands and right of way" includesrights of way for streets, roads and highways andall land or interests in land owned by a publicauthority

7) " Underground assessment district" ordistrict" means an assessment district created as

provided by ORS 758 210 to 758 2708) " Underground electric or communication

facilities" means electric or communication facilities located below the surface of the groundexclusive of those facilities such as substations, transformers, pull boxes, service terminals, ped-

estal terminals, splice closures, apparatus cabi-

nets and similar facilities which normally areabove the surface in areas where utility facilitiesare underground in accordance with standard

underground practices

9) " Utility" means any electric or communication utility described by ORS 757 005, any

1023

SUPERSEDED


plant owned or operated by a municipality, anyperson furnishing community antenna televisionservice to the public and any cooperative corporation or people' s utility district engaged in furnishing electric or communication service toconsumers 11969 c 385 $ 2 1971 e 360 $ 11


chapter 447, Oregon I. tws 1987 take effect July 1, 1989 Seesection 143, chapter 447, Oregon Taus 1987 fhe text is setforth for the user s convenience

758215 As used in ORS 758210 to 758270, unless

the context requires otherwise

1) Comert, "' converting" or " comersion" means theremoval of overhead electric or communication facilities and

the replacement thereof with underground electric or commu-

mcation facilities at the same or different locations

2) ' Electric or communication facilities" means any

works or improvements used or useful in providing electric or

communication service including but not limited h) polessupports, tunnels manholes vaults conduits pipes wires

conductors guys stubs platforms crossarms braces, trans-

formers, insulators, cutouts, switches capacitors meters,

communication circuits apphan, es nttiachmrnLs and appur-

tenance%, and all related facilities required for the acceptance

of electric or communication services however

a) Electric facilities" dues not include am facilities

used or intended to be used for the transmission of electric

energy at nominal voltages in excess of 35 000 volts

b) " Communication facilities" does not include fatalities

used or intended to be used for the lransmissiun of intelligence

by microwave or radio, apparatus cabinets or outdoor public

telephones

c) Electric or communication facilities" does not

include an} electric or communication facilities ow ned ur used

b) or provided for a railroad or pipeline and located upon or

above the right of wa} of the railroad or pipeline

3) Landowner or "owner" means the owner of the title

to real property or the contract purchaser of real properti of

record as shown tin the last it, mlable complete assessment roll

in the office of the county asses. ar

4) " Overhead electric or communication facilities" means electric or communication facilities located above the

surface of the ground

5) ' Public authontv means a city or county

6) " Public lands and right of wad" includes rights of wayfor streets roads and highways and all land or interests inland

owned by a public authority

7) " Underground assessment district" or ' district"

means an assessment district created as provided by ORS758210to 758270

8) ' Underground electric or communication facilities"

means electric or communication facilities located below the

surface of the ground exclusive of those facilities such as

substations transformers pull boxes service terminals ped-

eslaltermmals spliceelosures apparatus cabinets and similar

facilities w hich normalh are above the surface in areas where

utiht) facilities are underground in accordance with standard

underground practices

9) " Utility" means anv electric or comaim matron utdny

described bl ORS 757 005 or an} telecommunications utility

described by section 1, chapter 447, Oregon lswq 1987, anyplant owned or operated by a mumcipaltty, any person fur - rushing community antenna television service to the publicand an) cooperative corporation or people s utility districtengaged in furnishing electric or communication service toconsumers

758. 220 Authority for conversion tounderground facilities; formation ofassessment district. ( 1) A public authorityshall have the power to require the conversion of

overhead electric or communication facilities to

underground facilities, to provide and receive

funds to pay for such conversion, and to assessthe whole or any part of the cost thereof againstthe real property included in the undergroundassessment district specially benefited by suchconversion

2) An underground assessment district shall

include an area having a frontage of not less than400 feet upon a public street, road or highwayalong which overhead electric or communicationfacilities are located

3) An underground assessment district

a) Created by a city, may include area alongcity streets, county roads and state highways orany part thereof located within the district

b) Created by, a county, may include areasalong county roads, state highways or any partthereof located within the district [ 1969 a 385 43]

758.225 Petition, ordinance or resolu-

tion for conversion, contents; filing. ( 1) Aproceeding for conversion may be initiated

a) By a petition signed by not less than 60percent of the landowners within the proposed

assessment district who own not less than 60

percent of the land area within the district, or

b) By an ordinance or resolution of a publicauthority declaring its intention to order a conversion

2) A petition shall

a) Describe the proposed boundaries of theassessment district,

b) Generally describe the proposed conversion, and

c) Request that a proceeding for such conversion be taken pursuant to ORS 758 210 to758 270

3) The petition shall be filed with the cityrecorder, county clerk or other person designatedby the public authority to receive the petition andto verify the signatures If the petition is signedby the requisite number of qualified signers, the

1024

SUPERSEDED


official so designated shall execute a certificate of

sufficiency and present the petition and certificate to the governing body of the city or to thecounty court or board of county commissioners, as the case may be 11969 c 385 § 41

758. 230 Assessment procedure; objections to conversion. ( 1) Upon presentation of

the petition and certificate of sufficiency, or uponadoption of an ordinance or resolution, the public

authority shall proceed in the manner providedby ORS 223 389

2) Unless the charter of a county providesotherwise, a county shall declare a proposed conversion abandoned if, after notice as provided byORS 223 389, objections to the conversion are

received by a county court or board of countycommissioners signed by more than 50 percent ofthe landowners within the proposed assessmentdistrict who own more than 50 percent of landwithin the district If a proposed conversion is

abandoned because of objections, no new pro-

ceeding for the conversion shall be undertakenwithin a period of one year thereafter 11969 c 385

51

758.235 Applicability of locaHmprove- ment laws; issuance of bonds. Unless other-

wise provided by ORS 758 210 to 758 270, theprovisions relating to the procedure for localimprovements in cities, as set forth in ORS223 205, 223 210 to 223 295, 223 387 to 223 399,

223 401, 223 405 to 223 485, 223 505 to 223 595, 223 610, 223 615 to 223 650, 223 770 and 287 502

to 287 515, apply to proceedings for a conversionby a city or county under ORS 758 210 to 758 270In a proceeding conducted by a county, where thestatutes referred to in this section refer to offi-

cials of cities, the corresponding officials of thecounty shall perform the required functions, unless otherwise provided by order of the countycourt or board of county commissioners Citiesand counties may, as provided by ORS 223 205and 223 210 to 223 295, issue improvement bondsin the total amount of the valid applications

received to pay assessments in instalments [ 1969c 385 § 6]

758.240 Contract with utility for conversion. ( 1) When a public authority in accordance with ORS 758 230 determines that a

conversion shall be made, it may contract withthe utilities supplying electric or communicationservice within the underground assessment dis-

trict to perform the conversion A contract shallprovide

a) A description of the electric and communication facilities to be converted,

b) That plans and specifications for such

conversion shall be supplied or approved by theaffected utility,

c) The time and manner in which underground electric and communication facilities willbe installed and overhead electric and communication facilities will be removed,

d) The estimated cost of converting overhead facilities located on public lands and right of

way to underground facilities,

e) The estimated cost of converting relatedutility service facilities located on privatelyowned lots and parcels,

f) The time and manner of making paymentsand the source of funds for such payments, and

g) That upon completion of the work ofconversion, the utility performing the conversionshall have legal title to the electric or communication facilities, which shall thereafter constitute a

part of a system of the utility and be used, operated, maintained and managed by it as partof its system

2) Upon approval and execution of the con-

version contracts by the utilities and publicauthority, the public authority shall direct theutilities owning overhead electric or communication facilities within the district to convert such

facilities as required by the contract [ 1969c385§ 71

758. 245 Payment of costs for conversion; removal of overhead facilities. Uponcompletion of the conversion of the overhead

electric or communication facilities on public

lands and right of way to underground, theaffected utility shall file a verified statement ofthe costs of such conversion with the public

authority The public authority shall adopt anordinance assessing the whole or any part of thecost of the conversion against the real property inthe underground assessment district specificallybenefited and shall promptly thereafter mail toeach landowner a statement of the amount of

such costs assessed to the property of the landowner With the statement the public authorityshall mail to each landowner a notice stating that

1) Service from the underground facilities isavailable,

2) The landowner has 90 days after the date

of the mailing of such notice to convert all overhead electric or communication facilities provid-

ing service to any structure or improvementlocated on the lot or parcel to underground service facilities, and

3) After the 90 -day period following the dateof the mailing of the notice, the public authority

1025

SUPERSEDED


will order the utilities to disconnect and removeall overhead electric and communication facilities

providing service to any structure or improvement within the area [ 1969 c 385 § 81

758.250 Conversion of facilities on private lands; procedure, payment of costs. ( 1)

Any conversion of electric or communicationservice facilities, including service connections, located on a privately owned lot or parcel shall bemade at the expense of the landowner by theutility owning the facility The conversion shallbe made in accordance with applicable safetyrules, codes, regulations, tariffs or ordinances

The utility shall not be required to convert service lines on property, other than public lands andright of way, until the landowner furnishes to theutility a permit or easement authorizing the utility and its employes, agents and contractors toenter upon real property of the landowner for thepurpose of performing conversion work thereon

2) Upon completion of the conversion ofoverhead electric or communication service facil-

ities on privately owned lots and parcels within adistrict, the utility shall file with the publicauthority a verified statement of the costs of theconversion of such service facilities of each land-

owner in the district Promptly thereafter thepublic authority shall mail to each landowner acopy of such verified statement [ 1969 c. 185 § 91

758. 255 Discontinuance of utility service for noncompliance with conversion

provisions. If the owner of any structure orimprovement served from the overhead electric

or communication service facilities within anunderground assessment district does not grant

the utility a permit or easement referred to inORS 758 250 or if such an owner fails to convertto underground service facilities within 90 days

after the marling to the owner of the noticeprovided by ORS 758245, the public authorityshall order the utility to complete the conversionand to disconnect and remove all overhead facili-

ties, including service facilities, providing serviceto such structure or improvement [ 1969 c 385 § 10]

758.260 Competitive bidding for utilityconversion inapplicable. To the extent that

the contract between the utility and the publicauthority provides that all or any part of theconversion work shall be performed by the utility, any statute or charter provision requiring com-

petitive bidding and the award of a contract tothe lowest responsible bidder does not apply [ 1969c 385 § 11]

758. 265 Overhead facilities prohibitedin assessment district after conversion. Once converted, no overhead electric or commu-

nication facilities shall be installed, maintained

or operated in any underground assessment district except as authorized by ORS 758 210 to758 270 [ 1969 c 385 § 121

758.270 ORS 758.210 to 758. 270 supplemental to existing laws and rights. ORS758 210 to 758 270 are supplemental and

cumulative of existing rights, laws, charters, ordinances and franchises and shall not abrogate or

modify any franchise granted to a utility by anylocal government or abrogate or modify in anyway existing rights, laws, charters or ordinancesof any local government [ 1969 c 385 § 13]

ALLOCATION OF TERRITORIES ANDCUSTOMERS

758. 400 Definitions for ORS 758.015and 758. 400 to 758.475. As used in ORS758 015 and 758 400 to 758 475 unless the context

requires otherwise

1) " Allocated territory" means an area withboundaries established by a contract betweenpersons furnishing a similar utility service andapproved by the commission or established by anorder of the commission approving an applicationfor the allocation of territory

2) " Person" includes individuals, firms, partnerships, corporations, associations, cooperatives

and municipalities, or their agent, lessee, trusteeor referee

3) " Utility service" means service providedby any equipment, plant or facility for the distribution of electricity to users, the distributionof natural or manufactured gas to consumers

through a connected and interrelated distributionsystem or the provision of local exchange tele-

communications service as defined in ORS

757 005 ( 3)( c) " Utility service" does not includeservice provided through or by the use of anyequipment, plant or facilities

a) For the production or transmission of

electricity or gas or the provision of telecommunications service, which pass through or over

but are not used to provide service in or do notterminate in an area allocated to another person

providing a similar utility service,

b) For the provision of local exchange telecommunications service, as defined in ORS

757005 ( 3)( c), commonly known as " privatelines" or "farmer lines ", nor

c) For the provision of shared telecom-

munications service as defined in ORS 757 005

3)( 1) [ Formerl) 757 605, 1979 c 62 § 2, 198.5 c 550 § 81

Note The amendments to 758400 by section 101, chapter 447, Oregon Laws 1987, take effect July 1, 1989 See

1026

SUPERSEDED


section 143, chapter 447 Oregon Laws 1987 The text is set

Earth for the user' s convenience

758 400 As used in ORS 758 015 and 758 Opp to758475 unless the context requires otherwise

1) " Allocated terntorp" means an area with boundariesestablished by a contract between persons furnishing a similarutility service and approved by the commission orestablishedby an cider of the commission approving an application forthe allocation of territory

2) " Person" includes individuals, firms, partnerships,

corporations, associations, cooperatives and municipalities,

or their agent, lessee, trustee or referee

3) " Utility service' means senate provided by anyequipment plant at facility for the distribution of electricityto users for the distribution of natural or manufactured gas to

consumers through a connected and interrelated distribution

system " Utility senice" does not include service provided

through or by the use of any equipment, plant or facilities forthe production or transmission of electricity or gas which passthrough or over but are not used to provide service in or do not

terminate in an area allocated to another person providing a

similar utility service

758.405 Purpose of ORS 758. 400 to758.475. The elimination and future preven-

tion of duplication of utility facilities is a matterof state -wide concern, and in order to promote

the efficient and economic use and development

and the safety of operation of utility serviceswhile providing adequate and reasonable service

to all territories and customers affected thereby,

it is necessary to regulate in the manner providedin ORS 758 400 to 758 475 all persons andentities providing utility services [ Formerly 757 6101

758.410 Contracts for allocation of territories and customers between suppliers of

utility service and for transfer of facilities. 1) Any person providing a utility service may

contract-with any other person providing a sim-

ilar utility service for the purpose of allocatingterritories and customers between the parties and

designating which territories and customers areto be served by which of said contracting parties, and the territories and customers so allocated and

designated may include all or any portion of theterritories and customers which are being servedby either or both of the parties at the time thecontract is entered into, or which could be eco-

nomically served by the then existing facilities ofeither party, or by reasonable and economicextensions thereto

2) Any such contracting parties may alsocontract in writing for the sale, exchange, transfer, or lease of equipment or facilities located

within territory which is the subject of the allocation agreed upon pursuant to subsection ( 1) of

this section Any sale, exchange, transfer or leaseof equipment, plant or facilities made pursuant to

this subsection by any person which is a " publicutility" as defined in ORS 757 005 is also subjectto the approval of the commission to the extent

required by ORS chapter 757 [ Formerly 7576151758.415 Contract enforceable if

approved by commission; conditions forapproval. Notwithstanding any other provisions of law, a contract entered into pursuant to

ORS 758 410, when approved by the commissionas provided in ORS 758 420 to 758 475, shall bevalid and enforceable, provided, that the commis-

sion shall approve such a contract only if thecommission finds, after a hearing as provided inORS 758 420 to 758 475, that the contract will

eliminate or avoid unnecessary duplicating facilities, and will promote the efficient and economic

use and development and the safety of operationof the utility systems of the parties to the contract, while providing adequate and reasonableservice to all territories and customers affected

thereby [ Formerly 757 620]

758.420 Filing of contract; hearing onapproval; notice. ( 1) A contract entered into

pursuant to ORS 758 410 shall be promptly filedwith the commission, and the commission shall,

within 30 days after such filing, give notice ofsuch filing If the commission chooses or if anycustomer or customers request a hearing on thematter within 30 days of the notice, the commis-

sion shall hold a hearing by telephone or inperson The commission shall give notice of such

hearing within 30 days of the customer's requestwhich notice shall set the date and place of

hearing on the question as to whether or not suchcontract will be approved The hearing shall beheld at a place within or conveniently accessibleto the territories affected by the contract

2) The commission shall publish notice of

the filing in a newspaper or newspapers of generalcirculation in each of the territories affected bythe contract. Each such notice shall be published

at least once weekly for two successive weeksFormerly 757 625, 1985 c 633 § 3]

758. 425 Order of commission on con-

tract; suit to vacate order. (1) On the basis of

the applicant' s filing or, if there is a hearing, onthe record made at the hearing held pursuant toORS 758 420, the commission shall enter an

order either approving or disapproving the contract as filed, together with any appropriate findings of the facts supporting such order

2) Any party to such contract may commence a suit to vacate and set aside the commis-

sion's order on the ground that such order is

unlawful, and so far as applicable and not inconsistent herewith, the provisions of ORS 756,580to 756 610 shall govern such suit

1027

SUPERSEDED


3) If the commission approves a contract

and no suit is filed to vacate or set aside thecommission' s order as above provided, the con-

tract shall be deemed to be valid and enforceablefor all purposes from the date on which the right

to file such suit expires If a suit to vacate or set

aside the commission' s order is filed, the validityof the contract shall be as determined by the finaljudgment therein rendered [ Formerly 757630, 1985c 633 § 41

758.430 Amendment of contract;

approval of commission. Any contract thathas been approved as provided in ORS 758 400 to

758 475 may be subsequently amended by theparties thereto, but any such amendatory agreement shall be filed with the commission and shall

thereafter be approved or disapproved by thecommission in the manner provided in ORS

758 420 and 758 425 However, no hearing isrequired if all affected customers approve the

amendatory agreement An amendatory agreement may be enforced in the manner provided inORS 758 465 [ Formerly 757 635, 1983 c 540 § 5]

758.435 Application, by person providing exclusive utility service, for allocationof territory; hearing; notice. ( 1) Any personproviding a utility service in a territory that is notserved by another person providing a similarutility service may make application to the commission for an order allocating such territory toit The application may include any adjacent areathat it is more economical and feasible to serve byan extension of the applicant' s existing facilitiesthan by an extension of the facilities of anotherperson

2) The commission shall within 30 days

after the filing of such application give notice ofthe filing If the commission chooses, or if acustomer requests a hearing on the matter within30 days of the notice, the commission shall hold a

hearing by telephone or in person The commission shall give notice of the hearing within 30days of the request which notice shall set the date

and place of hearing The hearing shall be held ata place within or conveniently accessible to theterritory covered by the application Notice of thefiling shall be by publication in a newspaper ornewspapers of general circulation in the territory

covered by the application and shall be publishedat least once weekly for two successive weeksWritten notice of the filing shall be given toproviders of similar utility service in adjacent

territory

3) Territory within the limits of a city, asfixed on May' 31, 1961, shall not be deemed to beserved exclusively by any person, if such city is,

on such date, served by more than one personhaving necessary municipal or franchise authority to serve within the entire city ( Formerly 757 640. 1985 c 633 § 1]

758.440 Order of commission onapplication. ( 1) On the basis of the application,

or, if there is a hearing, on the record made at thehearing held pursuant to ORS 758 435, the commission shall enter an order either approving or

disapproving the application as filed, or asamended, together with findings of the facts

supporting such order

2) The commission, before approving anapplication for the allocation of territory, shallfind that the applicant is exclusively serving theterritory covered by the application and in thecase of an adjacent unserved area that it is more

economical and feasible to serve by an extensionof the applicant's existing facilities than by anextension of the facilities of another person [ For- merly 757 645, 1985 c 633 g2]

758.445 Suit to vacate order on

application. Any party to the hearing may commence a suit to vacate and set aside the commis-

sion' s order as provided in ORS 756 580 to756 610 If no suit is filed to vacate or set aside the

commission' s order within the specified time, the

order shall thereafter be valid and enforceable forthe purposes herein specified from the date onwhich the right to file such suit expires If a suitto vacate or set aside the commission' s order is

filed, the validity of the order shall be determinedby the final judgment therein provided [ Formerly7576501

758 450 Contract required for alloca-

tion of territory; allocated territoryexclusive; activity prohibited during pendency of application; exception; third partyfinancing. ( 1) Territory served by more thanone person providing similar utility service may

only become an allocated territory by a contractapproved by the commission

2) Except as provided in subsection ( 4) ofthis section, no other person shall offer, construct

or extend utility service in or into an allocated

territory3) Except as provided in subsection ( 4) of

this section, during the pendency of an application for an allocation of exclusively served territory, no person other than applicant shall offer, construct or extend utility service in or into theterritory applied for, nor shall any person, without the express consent of the commission, offer,

construct or extend utility service in or into any

unserved territory which is the subject of a filingpending before the commission under ORS758 420 or 758 435

1028

SUPERSEDED


4) The provisions of ORS 758 400 to 758 475

do not apply to any corporation, company, individual or association of Individuals providingheat, light or power

a) From any energy resource to fewer than20 customers, if it began providing service to acustomer prior to July 14, 1985,

b) From any energy resource to fewer than20 residential customers so long as the corporation, company, individual or association of individuals serves only residential customers,

c) From solar or wind resources to anynumber of customers, or

d) From biogas, waste heat or geothermalresources for nonelectric generation purposes to

any number of customers

5) Nothing in subsection ( 4) of this sectionshall prohibit third party financing of acquisitionor development by a utility customer of energyresources to meet the heat, light or power require-

ments of that customer [ Formerly 757 652, 1981 c 3602, 1985 c 779 § 21

758. 455 Investigation by commissionrespecting contracts or applications; hearing procedure. ( 1) The commission may makesuch Investigations respecting a contract or an

application for the allocation of territory as thecommission deems proper including the physicalexaminations and evaluations of the facilities and

systems of the parties to the contract, estimates

of their operating costs and revenues and studiesof such other information as the commission

deems pertinent

2) Insofar as applicable and consistent herewith, the provisions of ORS 756 500 to 756 610

shall govern the conduct of hearings

3) In considering competing applications toserve the same territory, there shall be a disputable presumption that applicants have an equal

ability to extend, improve, enlarge, build, operateand maintain existing or proposed facilities [ For- merly 7576551

758 460 Assignment or transfer of

rights acquired by allocation; approval ofcommission. ( 1) The rights acquired by anallocation of territory may only be assigned ortransferred with the approval of the commission

after a finding that such assignment or transfer isnot contrary to the public interest However, nohearing is required if all affected customers agreeto the proposed assignment or transfer

2) No approved contract or order approvingan allocation of territory shall be construed toconfer any property right, providing, however,

upon the death of an Individual who is a party toan approved contract or the applicant under an

approved order, the executor or administrator

shall continue the operation thereunder for the

purpose of transferring such rights for a period ofnot to exceed two years from the date of death

3) In the event the property of a personserving an allocated territory is condemned, novalue shall be claimed or awarded by reason of thecontract or order making such allocation [ Formerly757 670, 1983 c 540 § 61

758.465 Enforcement procedure. In the

event a contract approved by the commission isbreached or in the event an allocated territory isserved by a person not authorized by such contract, or order of the commission, the aggrieved

person or the commission may file an action inthe circuit court for any county in which islocated some or all of the allocated territoryallegedly involved in said breach or invasion, foran injunction against said alleged breach or invasion The trial of such action shall proceed as in

an action not triable by right to a jury Any partymay appeal to the Court of Appeals from thecourt' s decree, as in other equity cases Theremedy provided in this section shall be in addition to any other remedy provided by law [ For- merly 757 675, 1979 c 284 § 1981

758. 470 Application to cities, municipalities and cooperatives of ORS 758.400to 758. 475. ( 1) ORS 758015 and 758400 to758 475 shall not be construed or applied torestrict the powers granted to cities to issue

franchises, or to restrict the exercise of the power

of condemnation by a municipality, and when amunicipality has condemned or otherwiseacquired another person' s equipment, plant or

facilities for rendering utility service, it shallacquire all of the rights of the person whose

property is condemned to serve the territoryserved by the acquired properties

2) ORS 758 015 and 758 400 to 758 475 shallnot be construed to restrict the right of a munici-

pality to provide utility service for street lights, fire alarm systems, airports, buildings and other

municipal installations regardless of their loca-

tion

3) ORS 758 015 and 758 400 to 758 475 shallnot be construed to confer upon the commission

any regulatory authority over rates, service or

financing of cooperatives or municipalities ( For- merly 757 680]

758.475 Fees. Except in cases under ORS

758 430 and 758 460 where no hearing is required, to cover the costs of administering ORS 758 015and 758 400 to 758 475 the commission is

1029

SUPERSEDED


required to receive fees before filing any contract, application, petition, complaint, protest,

appearance, motion, answer or other pleading

and for holding any hearing All fees shall becollected in accordance with the following schedule

1) Filing application for allocated territoryunder ORS 758 435 by a person having annualgross revenue derived from within the state forthe calendar year 1960

a) In excess of $5 million or more, a fee of

two- tenths of one mill of such revenue but in noevent shall such fee exceed, $ 10,000

b) In excess of $ 100,000 but less than $ 5million, $100

c) Less than $ 100,000, $ 50

2) Filing a contract or application underORS 758 015 or 758 420, $ 100

3) Filing petition or complaint, $25

4) Filing protest, appearance, motion, answer or other pleading, $10

5) Filing an application for allocated territory under ORS 758 435 subsequent to an original allocation and payment of fee under

subsection ( 1) of this section, $ 100 [ Fnrmedy757 685 1983 c 540 § 71

COGENERATION AND SMALL POWERPRODUCTION FACILITIES

758 500 [ 1979 c 730 § 2, 1981 c714 § l, repealed by1981 c 714 § 5 and bi 19 &3 c 799 § 9]

758. 505 Definitions for ORS 758. 505to 758.555. As used in ORS 758 505 to 758 555

1) " Avoided cost" means the incremental

cost to an electric utility of electric energy orenergy and capacity that the utility would gener- ate itself or purchase from another source but for

the purchase from a qualifying facility2) " Cogeneration facility" means a facility

that

a) Produces, through the sequential use of

energy, electric energy and useful thermal energyincluding but not limited to heat or steam, usedfor industrial, commercial, heating or coolingpurposes, and

b) is more than 50 percent owned by aperson who is not an electric utility, an electric

holding company, an affiliated interest or anycombination thereof

3) " Commission" means the Public UtilityCommission

4) " Electric utility" means a nonregulatedutility or a public utility

5) " Index rate" means the lowest avoided

cost approved by the commission for a generatingutility for the purchase of energy or energy andcapacity of similar characteristics including on-

line date, duration of obligation and quality anddegree of reliability

6) " Nonregulated utility" means an entityproviding retail electric utility service to Oregonconsumers that is a people' s utility district organized under ORS chapter 261, a municipal utilityoperating under ORS chapter 225 or an electriccooperative organized under ORS chapter 62

7) " Public utility" means a utility regulatedby the commission under ORS chapter 757, thatprovides electric power to consumers

8) " Qualifying facility" means a cogenerationfacility or a small power production facility

9) " Small power production facility" means afacility that

a) Produces energy primarily by the use ofbiomass, waste, solar energy, wind power, waterpower, geothermal energy or any combination

thereof,

b) Is more than 50 percent owned by aperson who is not an electric utility, an electric

utility holding company, an affiliated interest orany combination thereof, and

c) Has a power production capacity that, together with any other small power productionfacility located at the same site and owned by thesame person, is not greater than 80 megawatts

11983 c 799 § 1 ]

758 510 11979 c 730 § 3, 1981 c 714 § 2, repealed by

1981 c 714 § 7 and by 1983 c 799 §9]

758. 515 Legislative findings. The Leg- islative Assembly finds and declares that

1) The State of Oregon has abundant

renewable resources

2) It is the goal of Oregon to

a) Promote the development of a diverse

array of permanently sustainable energy

resources using the public and private sectors tothe highest degree possible, and

b) Insure that rates for purchases by anelectric utility from, and rates for sales to, aqualifying facility shall over the term of a contract be lust and reasonable to the electric con-

sumers of the electric utility, the qualifyingfacility and in the public interest

3) It is, therefore, the policy of the State ofOregon to

a) Increase the marketability of electricenergy produced by qualifying facilities located

1030

SUPERSEDED

RIGHTS OF WAY ALLOCATION• COGENERATION 758.555

throughout the state for the benefit of Oregon' scitizens, and

b) Create a settled and uniform institutional

climate for the qualifying facilities in Oregon11983 c 799 § 21

758 520 11979 c 730 94 1981 c 714 § 3 repealed b)

1981c714 §9 and by 1983 c 799 § 91

758.525 Electric utilities to file avoided

cost schedules; requirement to purchase

energy from qualifying facilities. ( 1) At

least once every two years each electric utilityshall prepare, publish and file with the commis-

sion a schedule of avoided costs equaling theutility's forecasted incremental cost of electricresources over at least the next 20 years Prices

contained in the schedules filed by public utilitiesshall be reviewed and approved by the commission

2) An electric utility shall offer to purchaseenergy or energy and capacity whether delivereddirectly or indirectly from a qualifying facilityExcept as provided in subsection ( 3) of this

section, the price for such a purchase shall not be

less than the utility' s avoided costs At the optionof the qualifying facility, exercised before beginning delivery of the energy or energy and capacity. such prices may be based on

a) The avoided costs calculated at the time

of delivery, orb) The projected avoided costs calculated at

the time the legal obligation to purchase the

energy or energy and capacity is incurred

3) Nothing contained in ORS 543 610, 757 005 and 758 505 to 758 555 shall be construedto require an electric utility to pay full avoided - cost prices for a purchase from a qualifying facility on which construction began beforeNovember 8, 1978, but the price for a purchasefrom such a facility shall be sufficient to encourage production of energy or energy and capacity

4) The rates of an electric utility for the saleof electricity shall not discriminate againstqualifying facilities [ 1983 c 799 § 3]

758 530 11979 c 790 § 5, 1981 a 714 § 4, repealed by

1981 c 714 § 11 and by 1983 c 799 §9]

758.535 Criteria for qualifying facility; terms and conditions of energy sale. ( 1) The commission shall establish minimum crite-

na that a cogeneration facility or small powerproduction facility must meet to qualify as aqualifying facility under ORS 543 610, 757 005and 758 505 to 758 555

2) The terms and conditions for the pur-

chase of energy or energy and capacity from aqualifying facility shall

a) Be established by rule by the commissionif the purchase is by a public utility,

b) Be adopted by an electric cooperative orpeople' s utility district according to the applicable provision of ORS chapter 62 or 261, and

c) Be established by a municipal utilityaccording to the requirements of the municipality' s charter and ordinance

3) The rules or policies adopted under sub-

section ( 2) of this section also shall

a) Establish safety and operating requirements necessary to adequately protect all systems, facilities and equipment of the electric

utility and qualifying facility,

b) Be consistent with applicable standards

required by the Public Utility Regulatory PoliciesAct of 1978 ( P L 95 -617), and

c) Be made available to the public at the

commission' s office 11983 c 799 § 41

758 540 [ 1979 c 730 §6, repealed by 1981 c 714 § 131

758.545 Electric utility required tomake good faith effort to transmit energyfrom qualifying facility. ( 1) If an electric

utility fails to make a good faith effort to complywith a request from a qualifying facility to transmit energy or energy and capacity produced bythe qualifying facility to another electric utility orto the Bonneville Power Administration, the

electric utility shall purchase the qualifying facility's energy or energy and capacity at a pricewhich is the higher of.

a) The electric utility's avoided cost, or

b) The index rate

2) As used in this section, " good faith effort"

shall be demonstrated by the electric utility' spublication of a generally applicable, reasonable

policy of the electric utility to allow a qualifyingfacility to use the electric utility' s transmissionfacilities on a cost - related basis ( 19s3 c 799 § 51

758 550 ( 1979 c 730 § 7, repealed by 1983 c 799 § 91

758. 555 Qualifying facility does notbecome public utility by selling energy. Aqualifying facility shall not become a public utility within the meaning of ORS 757 005 onaccount of sales made under ORS 543 610, 757 005 and 758. 505 to 758 555 11983 c 799 § 61

1031

758 990 [ Renumbered 757 992]

CHAPTER 759


SUPERSEDED


1032

SUPERSEDED

CHAPTER

RESERVED

FOR

EXPANSIONSUPERSEDED

Chapter 760


Railroad Regulation Generally

DEFINITIONS, GENERAL PROVISIONS760 005 Definitions

760 010 Companies affected by provisions of ORS

duties

chapters 760, 761 and 763

760 015 Reasonable charges and adequate facilities

RATES

required of railroads

760 021 Regulation of railroads consistent with

of schedules

federal law

760 026 Exemption from regulation, procedure

760 060 Procedure for construction of side lines and

refunds and remittances

extensions

REPORTS AND ACCOUN 1' S

760 305 Annual report to commission

760 325 Prescribing of uniform system of account- mg

760 330 Delivery of copies of contracts to commission

SPECIAL ORDERS, ACTIONS AGAINST

CARRIERS

760 525 Special orders for joint rates

760535 Award of damages to persons pa) ingunrea- sonable rates

760 540 Enforcement of award by court action, attorney fees

760 545 Limitations on actions by and against carriers

760 550 Joinder of parties in action on award

ACQUISITION OF LINES

760 610 Government acquisition of lines, permittedactions

760 620 State Rail Rehabilitation Fund, use, report

760 630 Commission to participate in contestedabandonment proceedings

PENALTIES

760 990 Penalties

CROSSREFERENCES

Abandonment of stations or withdrawal of agents 756 380 to756 390

Appropriation of water by railroads, 537 410

Arms and explosives, transportation 480 050 480 060

Arrest conductor and engineer power 764 160

Cigarettes, report of sales and pavment of tax b} passengercarrier, 323 040, 323 355

Complaint, investigation and hearing procedure for railroads, 756 500 to 756 610

Confidentiality of railroad contracts, 192 501 to 192 505Discrimination in public accommodations prohibited, 30 670

Dog guides for blind or deaf, admission to public carrier, 346 620, 346 650

Equipment, buildings and tracks of railroads Ch 761

Pees payable by railroads, 756 310 to 756 350

Liability of carriers Ch 771

Mass transit district, regulation of system 267 240

Public Utility Commission, Ch 756

Removal of structures from public property upon expiration offranchise, 221 470

Right of way of railroads, Ch 772Transportation policy study, 1983 c 553 § 2

760 305

Accidents report 654 715, 654 720

Animals killed b} train, report, 608 380 to 608 400, 608 990

Fish shipper to furnish railroad w ith statement 309 110

Statement for Department of Re% enue, 308 520 308 525

1033

INSPECTORS

760 070 Railway inspectors required, powers andduties

760 075 Qualifications of inspectors

RATES

760 105 Publishing and filing of schedules, contentsof schedules

760 110 Provisions relating to schedule changes

760120 Railroads required to follow schedules, refunds and remittances

760 126 Reasonableness of rates, standard and procedures

760 141 Rate suspension procedure

760 135 Requirements as to reasonableness of joint

rates

760 140 Special contract rates permitted

760 143 Proceedings for rates under ORS 760 140

760 145 Special freight rates permitted

760 165 Fixing emergency rates

760 170 Excessive charges as unjust discrimination

760 175 Preferences to particular persons or

localities as unjust discrimination

760 ISO Acceptance of rebate prohibited

REPORTS AND ACCOUN 1' S

760 305 Annual report to commission

760 325 Prescribing of uniform system of account- mg

760 330 Delivery of copies of contracts to commission

SPECIAL ORDERS, ACTIONS AGAINST

CARRIERS

760 525 Special orders for joint rates

760535 Award of damages to persons pa) ingunrea- sonable rates

760 540 Enforcement of award by court action, attorney fees

760 545 Limitations on actions by and against carriers

760 550 Joinder of parties in action on award


760 610 Government acquisition of lines, permittedactions

760 620 State Rail Rehabilitation Fund, use, report

760 630 Commission to participate in contestedabandonment proceedings

PENALTIES

760 990 Penalties

CROSSREFERENCES

Abandonment of stations or withdrawal of agents 756 380 to756 390

Appropriation of water by railroads, 537 410

Arms and explosives, transportation 480 050 480 060

Arrest conductor and engineer power 764 160

Cigarettes, report of sales and pavment of tax b} passengercarrier, 323 040, 323 355


Confidentiality of railroad contracts, 192 501 to 192 505Discrimination in public accommodations prohibited, 30 670

Dog guides for blind or deaf, admission to public carrier, 346 620, 346 650

Equipment, buildings and tracks of railroads Ch 761

Pees payable by railroads, 756 310 to 756 350

Liability of carriers Ch 771

Mass transit district, regulation of system 267 240


Removal of structures from public property upon expiration offranchise, 221 470

Right of way of railroads, Ch 772Transportation policy study, 1983 c 553 § 2

760 305

Accidents report 654 715, 654 720

Animals killed b} train, report, 608 380 to 608 400, 608 990

Fish shipper to furnish railroad w ith statement 309 110

Statement for Department of Re% enue, 308 520 308 525

1033

SUPERSEDED


1034

SUPERSEDED

RAILROAD REGULATION GENERALLY 760. 026

DEFINITIONS; GENERAL PROVISIONS

760.005 Definitions. As used in this chapter, unless the context requires otherwise

1) " Class I railroad" has the meaning giventhat term in rules adopted by the Public UtilityCommission The definition of "Class I railroad"

in rules adopted by the Public Utility Commis- sion shall be consistent, insofar as practicable, with the definition of the term under federal lawand regulations

2) " Railroad" means all corporations, munic-

ipaI corporations, counties, companies, indi-

viduals, associations of individuals and their

lessees, trustees or receivers, that

a) Own, operate by steam, electric or othermotive power, manage or control all or part of any

railroad or interurban railroad as a common or forhire carrier in this state, or cars or other equipment used thereon, or bridges, terminals or sidetracks used in connection therewith, whether

owned or operated under a contract, agreement,

lease or otherwise

b) Are engaged in the ownership, management or control of terminals in this state, whichcorporations, municipal corporations, counties,

companies, individuals and associations herebyare declared to be common and for hire carriers, or the transportation of property within this stateby express ( Amended by 1971 c 655 § 104, 1983 c 131 § l, 1983 c 272 § 1, 1985 c 541 § 4]

760.010 Companies affected by provisions of ORS chapters 760, 761 and 763.

1) This chapter and ORS chapters 761 and 763apply to

a) The transportation of passengers and

property

b) The receiving, delivering, switching, storing, elevation and transfer in transit, ventilation, refrigeration or icing, and handling of such property, and all charges connected therewith

c) All railroad, terminal, car, tank line, freight and freight line companies

d) All associations of persons, whether

incorporated or otherwise, that do business as

common or for hire carriers upon or over any lineof railroad within this state

e) Any common or for hire carrier engaged inthe transportation of passengers or property

wholly by rail or partly by rail and partly bywater

common carriers [ Amended by 1971 1655 § 165, 1975c 3l8 33, 1983 c 272 §2]

760.015 Reasonable charges and adequate facilities required of railroads, Everyrailroad shall furnish reasonably adequate service, equipment and facilities, and the charges

made for any service rendered or to be rendered inthe transportation of property or for any servicein connection therewith, or for the receiving,

switching, delivering, storing, elevation andtransfer in transit, ventilation, refrigeration or

icing or handling of property, or for terminalfacilities, shall be reasonable and lust [ Amended by1971 c 655 § 105x, 1983 c 272 § 3]

760 020 [ Repealed by 1971 c 655 § 2501

760.021 Regulation of railroads consis-

tent with federal law. The commission shall

exercise the authority granted under this chapterto regulate railroads in a manner consistent with

the Staggers Rail Act of 1980 and in a mannerthat allows this state to continue to regulaterailroad rates to the maximum allowable extent

under federal law and to be certified, in accord-

ance with 49 U S C 11501 by the Federal Govern- ment to continue such regulation In compliancewith this section, the commission, in addition to

other procedures established by the commission, shall administer the following provisions of thischapter as nearly as practicable in accordancewith the described provisions of federal law

1) ORS 760026 shall be administered consistently with 49 U S C 10505

2) The provisions and procedures under

ORS 760 131 shall he administered in accordancewith 49 U S C 10707

3) In determining market dominance andmaximum reasonable rates under ORS 760 126,

the commission shall comply with guidelines and

revenue to variable cost percentages set forth inor adopted under 49 U S C 10709

4) ORS 760 140 and 760 143 shall be administered consistently with 49 U S C 10713 [ 1983L 198 § 14]

760 025 [ Repealed by 1971 c 655 § 250]

760,026 Exemption from regulation; procedure. ( 1) The commission may exemptpersons, classes of persons, transactions or serv-

ice from the provisions of this chapter as thecommission determines appropriate and in the

public interest and consistent with ORS 760 021

2) The commission may begin a proceedingto establish an exemption under this section on

2) This chapter does not apply to logging or the commission' s own motion or upon the motionother private railroads not doing business as of any person

1035

SUPERSEDED

760 060 UTILITIES; RAILROADS AND OTHER CARRIERS

3) Exemptions established under this section may be temporary, may be subject to revocation or may be subject to any other conditions thecommission determines are required in the publicinterest [ 1983 c 198 § 91

760 027 [ 1957 c 4l5 § 11 repealed by 1971 c 655 § 2501

760 030 [ Repealed by 1971 e 6+55 § 2501

760 035 [ Repealed by 1971 c 655 § 2501

760 040 [ Repealed by 1971 c 655 § 2591


760 050 [ Amended by W71, 655 § 106, 1978 c 615 § 2renumbered 763 0351

760 055 [ Repealed by 198,1 c 292 § 161

760. 060 Procedure for construction ofside lines and extensions. If any railwaycompany owning or operating a railway withinthis state desires to construct any branch line orside line, or to build an extension of the main line, its board of directors shall adopt a resolutiondefining the branch, side line or extension, anddesignating the termini thereof, and shall cause acopy of such resolution, certified by its secretary, to be filed in the office of the Secretary of State, and in the office of each county clerk in orthrough whose county such branch or side line orextension is to be constructed Thereupon suchcorporation has the right to build and constructsuch branch, side line or extension, and to exercise the right of eminent domain as provided bylaw, and the termini so designated in such resolution shall be a sufficient designation thereof forthe purpose of exercising such right of eminentdomain

INSPECTORS

760.070 Railway inspectors required; powers and duties. ( 1) The commission shallemploy at least three full -time railroad inspectorsto assist the commission as the commission mayprescribe in

a) Inquiring into any neglect or violation ofand enforcing any law of this state or any law orordinance of any municipality thereof relating torailroad safety,

b) inquiring into any neglect or violation ofand enforcing any rule, regulation, requirement,

order, term or condition issued by the commission relating to railroad safety, and

c) Conducting any investigative, sur- veillance and enforcement activities that the

commission is authorized to conduct under

federal law in connection with any federal law, rule, regulation, order or standard relating torailroad safety

2) A railroad inspector may stop and detainany train and the contents thereof that the rail-

road inspector reasonably believes is being operated in violation of any law, ordinance, rule, regulation, requirement, order, standard, term or

condition referred to in subsection ( 1) of this

section x1973 c 169 § 21

760.075 Qualifications of inspectors Aperson employed by the commission as a railroadinspector shall

1) Have passed an examination, which thecommission shall prescribe, concerning physicalfitness, mental fitness, the rules of the commission and the laws of this state relating to railroads, and

2) Have at least five years of experience as arailroad train service or engine service employeon a class I railroad or a combination of four yearsof such experience and two years of experience in

a nonoperating position in mechanical or mainte-

nance of way College education with major workin engineering may he substituted for not morethan two years of the required experience on thebasis of two years of college being equivalent toone year of experience [ 1973 c 169 § 3]

RATES

760. 105 Publishing and filing of schedules; contents of schedules. ( 1) Every railroadshall print in plain type and file with the commis-

sion within a time to be fixed by the commission, schedules, which shall be open to public inspection, showing all rates for the transportation ofproperty, or use of terminals, and any service inconnection therewith, which it has establishedand which are in force at the time between all

points in this state upon its line, or any linecontrolled or operated by it

2) Such schedules shall plainly state theplaces upon its line or any line controlled oroperated by it in this state between which property will be carried

3) Every railroad shall publish with and as apart of such schedules all rules and regulations

that in any manner affect the rates charged or to

be charged for the transportation of property, also the charges for delay in loading or unloadingcars, for tract and car service or rental and fordemurrage, switching, terminal or transfer service, or for rendering any other service in connection with the transportation of property

4) When property is transported over connecting lines in this state operated by more thanone railroad, and the several railroads operatingsuch lines establish joint rates, a schedule of jointrates shall in like manner be printed

1036

SUPERSEDED


5) All tariffs issued by any railroad relatingto interstate traffic in this state shall be filed, upon issuance, with the commission [ Amended by

1971 c 655 § 107 1083 c 272 § 41

760. 110 Provisions relating to schedule changes. ( 1) No change shall be made in the

rates or any schedule, or in any classification, which has been filed and published by any railroad, except upon notice to the commission and

to the public as required by the commission byrule, which shall state plainly the changes proposed to be made in the schedule then in forceand the time when the changed rates will go Into

effect

2) The proposed changes shall be shown byprinting new schedules, or shall be indicatedplainly upon the schedules In force at the timeand kept open to public inspection Copies of allnew schedules shall be filed as provided in ORS760 105

3) The commission, for good cause shown,

may allow changes upon less than the noticerequired by the commission under this section, ormay modify the requirements of this section inrespect to publishing, posting and filing of tariffs, either in particular instances or by a general orderapplicable to special or peculiar circumstances or

conditions The commission may make suitablerules and regulations for the simplification ofschedules of rates and classifications and permit

in such rules and regulations the filing of anamendment of or change in any rate or classifica-

tion without filing complete schedules coveringrates or classifications not changed, if, in thecommission' s judgment, not inconsistent with

the public interest

4) The names of the several carriers which

are parties to any joint tariffs shall be providedtherein, and each of the parties thereto, other

than the one filing the schedule, shall file with thecommission such evidence of concurrence therein

or acceptance thereof, as may be required orapproved by the commission Where such evidence of concurrence or acceptance is filed it isnot necessary for the carriers filing the same toalso file copies of the tariffs in which they arenamed as parties

5) On request of the commission every railroad shall file with the commission copies of all

contracts, agreements or arrangements with

other for hire carriers in relation to any Intrastatetraffic affected by this chapter to which they maybe parties

6) The schedules filed shall be published andfiled in such form and manner as the commission,

by rule, shall prescribe The commission may

reject any schedule filed with the commissionwhich is not in accordance with this section and

with such rules or which does not give lawfulnotice of the effective date Any schedule sorejected by the commission is void and its use isunlawful

7) No railroad, unless otherwise provided bythis chapter, shall engage or participate in thetransportation of property, unless the rates uponwhich the same are transported by such carrier, have been filed and published in accordance with

this section and ORS 760 105

8) Failure or refusal on the part of any

railroad to comply with the terms of any regulation adopted or promulgated, or any order made

by the commission under this section, makessuch carrier liable to a penalty of $500 for eachsuch offense and $25 for every day of the continuance of such offense, which shall accrue to theState of Oregon and may be recovered in civilactions brought by the commission in this stateAmended by 1971 c 655 § 108, 1983 c 198 § 2, 1983 c 272 451

760 115 [ Repealed by 1971 c 655 § 2801

760. 120 Railroads required to followschedules; refunds and remittances. ( 1) Norailroad shall charge, demand, collect or receive agreater or less or different compensation for thetransportation of property or for any service inconnection therewith than is specified in such

printed tariff schedules, including schedules of

joint rates, as may at the time be in force, and therates named therein shall be the lawful rates until

they are changed as provided in ORS 760 110 orby the commission

2) Except as provided by rule of the commission, no railroad shall refund or remit in any

manner or by any means any portion of any suchrate The commission shall adopt rules that provide for the manner of establishing allowablerefunds and remittances [ Amended by 1971 c 655 § 109, 1983 c 198 § 3, 1983 c 212 § 61

760 125 [ Repealed by 1971 c 655 § 2501

760. 126 Reasonableness of rates; stan-

dard and procedures. ( 1) This section establishes the standard and the procedures for adetermination of whether a rate of a railroad is

unreasonably high The commission shall use thestandard and procedures established in this sec-

tion in making any determination of the reasonableness when acting upon any complaint or

protest or in any proceeding concerning any rail - road' s rate or classification, rule or practice

related to a rate that is subject to regulation underthis chapter

2) The commission shall not hold any railroad rate to be unreasonably high unless the

1037

SUPERSEDED


commission determines that both of the followingapply

a) There is an absence of effective competition from other carriers or modes of transportation for the transportation to which the rateapplies so that the railroad has market dominance, and

b) The rate exceeds a maximum reasonablelevel for the transportation to which the rateapplies

3) In making a determination of the reasonableness of any railroad rate under this chapter, the commission shall proceed as follows

a) Before the commission determineswhether the rate exceeds a maximum reasonable

level for the transportation to which the rateapplies, the commission must first determinewhether the railroad has market dominance asdescribed in this section

b) A determination of market dominancemust be made within 90 days of the filing of acomplaint or protest against the rate or, if a

proceeding is at the commission' s own initiative, within 90 days of the date the commission initi-

ates the proceedingc) If the commission finds that the railroad

does not have market dominance over the transportation to which the rate applies, the commis-

sion shall not make a determination on the issueof reasonableness

d) If the commission finds that the railroadhas market dominance, the commission shallthen proceed to determine whether the rateexceeds a maximum reasonable level for thattransportation

4) The following apply to the commission' sconsideration and determination of market dominance under this section

a) A finding that a railroad does not havemarket dominance is determinative in a proceeding to determine the reasonableness of the rateunless changed or set aside by the commission ora court of competent jurisdiction

b) A finding of market dominance does notestablish a presumption that the proposed rate

exceeds a maximum reasonable level for thattransportation

c) In determining whether a railroad hasmarket dominance over transportation to whicha rate applies, the commission shall find that the

railroad does not have market dominance if therailroad proves that the rate charged results in arevenue- variable cost percentage that is less than

a revenue - variable cost percentage established bythe commission as a guideline

d) A finding that a rate has a revenue - variable cost percentage equal to or greater than

that established by the commission does notestablish a presumption of market dominance or

a presumption that the rate exceeds the max-

imum reasonable level for that transportation11983 c 198 § 10)

760 130 [ Amended by 1971 c655 § 110, repealed by1983 c 198 § 161

760. 131 Rate suspension procedure. This section establishes procedures and requirements relating to the suspension of a new orincreased individual or joint rate or individual or

joint classification, rule or practice related to a

rate pending a determination of whether the rate, classification, rule or practice violates this chapter The commission must comply with the following procedures and requirements relating tosuch suspension

1) A suspension may be imposed only oncomplaint of an interested party

2) The commission must give reasonable

notice to interested parties before imposing thesuspension, but may act without allowing aninterested party to file an answer or other formalpleading in response to the decision of the commission

3) The commission may only suspend underthis section during a proceeding to determinewhether a rate, classification, rule or practice

violates this chapter and if the commission deter-

mines from specific facts shown by verified statement that all of the following apply

a) It is substantially likely that the protestant will prevail on the merits,

b) Without suspension the proposed rate orincrease will cause substantial injury to the protestant or to the party represented by the protestant, and

c) Because of the peculiar economic circumstances of the protestant the requirements of this

section that provide for a railroad to refundmoneys in excess of amounts found to be reasonable do not protect the protestant

4) The commission may impose a suspension for a period of time determined appropriateby the commission, but in no instance for a periodlonger than the end of the fifth month after therate, classification, rule or practice was to becomeeffective At the end of the fifth month after therate, classification, rule or practice was to becomeeffective it shall

a) If suspended, take effect and not be subject to further suspension unless the commission

1038

SUPERSEDED


sets it aside upon the commission's finding that it joint rate than is made locally between the sameviolates this chapter points on their respective lines shall not for that

b) If in effect, remain in effect and not be reason be construed as a violation of this chapterI h t [

Amended by 198.1 c 272 § 71subject to suspension un ess t e commission se s

it aside upon the commission' s finding that itviolates this chapter

5) In lieu of imposing a suspension, thecommission may require a railroad to account forall amounts received under the increase until thecommission completes the proceeding to deter - mine whether there is a violation of this chapter

The accounting shall specify by whom and forwhom the amounts are paid When the commis - sion makes a final determination, the commis-

sion shall require refund of such amounts as

provided under subsection ( 6) of this section

6) When the commission takes final actionon a determination of whether a rate is in vio-

lation of this chapter and the commission determines the rate

a) Was in violation of this chapter, the

commission shall require the carrier to refund to

the person from whom the amounts were paidthat part of the increased rate found to be unreasonable plus interest at a rate established under

this section

b) Was not in violation of this chapter, the

carrier shall collect from each person using thetransportation to which the rate applies the difference between the original rate and any portionof the rate that was suspended and found to bereasonable for any services performed during theperiod of suspension plus interest at a rate estab-

lished under this section Notwithstanding anyother provision of this chapter, the commission,

by rule, shall establish standards and procedurespermitting a railroad to waive the collection ofamounts under this paragraph if the amounts areinsignificant

7) When interest is required to be paid undersubsection ( 6) of this section the interest shall bepaid at a rate equal to the average yield, on thedate the statement is filed, of marketable

securities of the Federal Government having aduration of 90 days [ 1983 c 198 Sul

760. 135 Requirements as to reason-

ableness of joint rates. Whenever property istransported over two or more connecting lines ofrailroad between points in this state, and the

railroad companies have made joint rates for thetransportation of the same, such rates and all

charges in connection therewith shall be just andreasonable, and every unjust and unreasonablecharge is prohibited However, a lower charge byeach of the railroads for its proportion of such

760. 140 Special contract rates permit-

led. ( 1) A carrier may provide for concentration, commodity, transit and other special contractrates without violation of this chapter if

a) The contract meets the requirementsunder this section, and

b) The contract is approved by the commission

2) Contracts subject to this section must befiled with the commission The commission shall

approve any contract filed under this sectionunless the commission, in a proceeding describedunder ORS 760 143, determines that the contract

does any of the following

a) Unduly impairs the ability of the contracting carrier or carriers to meet their commoncarrier obligations This paragraph applies to

contracts for transportation of any commodity

b) Harms a port because violation of ORS760 175 causes unjust discrimination against theport This paragraph applies to contracts fortransportation of any commodity

c) Unjustly discriminates against a shipperin violation of ORS 760 175 by refusing to enterinto a contract with the shipper for rates andservices for the transportation of the same type ofcommodity under similar conditions to the contract at issue A contract only violates this paragraph if the shipper was ready, willing and able toenter into such a contract at a time essentially

contemporaneous with the period during whichthe contract at issue was offered This paragraph

applies only to contracts for the transportation ofagricultural commodities, including forest products and paper

d) Provides for rates, services or other practices that the commission determines would bedestructive to competition In making a determination of violation of this paragraph, the com-

mission shall consider the difference between the

contract rates and any published single car rates. This paragraph applies only to contracts for thetransportation of agricultural commodities,

including forest products and paper

e) Requires the use of more than 40 percentof the capacity of the railroad' s owned or leasedequipment, by major car type, in performance ofthe terms of the contract, except that in a proposed contract between a Class I railroad and a

shipper originating an average of 1, 000 or morecars each year during the prior three -year period

1039

SUPERSEDED


by major car type on a particular carrier, not morethan 40 percent of such carrier owned or leased

equipment used on the average during the priorthree -year period may be used for such contractwithout prior authorization of the commission

The commission, on request of a railroad or other

party or on its own initiative, may grant relieffrom the limitations of this paragraph, if thecommission determines that making additionalequipment available does not impair the railroad' s ability to meet its common carrier obliga-

tions This paragraph applies only to contractsfor the transportation of agricultural com-

modities and forest products, but not includingwood pulp, woodchips, pulpwood or paper

3) Approval of a contract filed with thecommission under this section shall be effectiveas follows

a) At any date within 60 days after the filingof the contract determined by the commission, or

b) If the contract has not been disapprovedin a proceeding under ORS 760 143, 60 days afterfiling

4) A contract that is authorized under thissection is not subject to this chapter except as

provided in this section and ORS 760143 Acontract that is approved by the commissionunder this section, and transportation under such

contract may not be subsequently challengedbefore the commission or in any court on thegrounds that the contract violates a provision of

this chapter The exclusive remedy for anyalleged breach of a contract entered into underthis section is an action in an appropriate state or

federal court, unless the parties otherwise agree

5) The following all apply to a contract thatis subject to this section

a) Each contract filed with the commissionunder this section is confidential and exempt

from public disclosure as provided under ORS192 501 to 192 505

b) A carrier making a filing of a contractunder this section shall include with the contract

a summary of such nonconfidential information

as the commission shall prescribe by rule Thecommission shall maintain a copy of the nonconfidential summary in the commission' s files andshall make the summary available for publicinspection

c) The commission may not require a railroad to violate the terms of a contract that hasbeen approved under this section except to the

extent necessary to comply with federal law

d) A party to a contract entered into underthis section shall have no duty in connection with

services provided under the contract other than

those duties specified by the terms of the contract

e) The commission shall treat service undera contract approved under this section as a sepa-

rate and distinct class of service

f) Equipment used in the fulfillment of acontract approved under this section is not sub-

ject to car service decisions rendered by thecommission [ Amended by 1971 c 655 § 112, 1983 c 198 § 121985 c 541 § 5]

760 142 [ Repealed by 1971 c 655 § 250]

760. 143 Proceedings for rates under760. 140. The commission may hold proceedings to review a contract filed with the commis-

sion under ORS 760 140, but any suchproceedings must comply with the following

1) The proceedings must begin no later than30 days after the date of the filing of the contractunder ORS 760 140

2) A proceeding may be initiated by thecommission or as provided in the following

a) A shipper may initiate a proceeding todetermine whether a contract violates ORS

760 140 ( 2) ( a), ( c) or (d) but only upon a showingthat the shipper individually will be harmed bythe violation

b) A port may initiate a proceeding to determine whether a contract violates ORS 760 140

2)( b) but only upon a showing that the port willbe individually harmed because of the violation

c) Any person the commission determineshas an interest may initiate a proceeding forpurposes of ORS 760 140 ( 2)( e)

3) If a proceeding is initiated under thissection, the commission must determine whetherthe contract is in violation of ORS 760 140 within

30 days after the date the proceeding is commenced or within a shorter period established bythe commission

4) If the commission determines that thecontract does not violate ORS 760 140, the con-

tract shall take effect as provided by the commission or under ORS 760 140

5) If the commission determines that thecontract violates ORS 760 140, the commission

shall do the followinga) Disapprove the contract unless the con-

tract is in violation of ORS 760 140 ( 2)( c)

b) If the contract is in violation of ORS760 140 ( 2)( c), the commission shall either

1040

A) Disapprove the contract,

SUPERSEDED


B) Allow the carriers to cancel the contract,

or

C) Subject to the provisions of ORS 760 140, order the carrier to provide rates and service

substantially similar to the contract at issue withsuch differentials in terms and conditions as are

Justified by the evidence at the proceeding [ 1983c 198 § 13, 1985 c 541 § 6]

760 145 Special freight rates permitted. This chapter does not prevent the carriage,

storage or handling of freight free, or at reducedrates

1) For the United States, the state or anymunicipality thereof

2) For charitable purposes

3) To and from fairs and expositions forexhibition thereat

4) Consisting of household goods, the property of railway employes, or commodities shipped

by such employes for their own exclusive use orconsumption ( lmended by 1571 c 655 § 111, 1983 e 272

81

760 147 11971 c 655 § 111, repealed by 1983 c 198 § 161

760 150 [ Amended by 1971 6$ 5 § 114, repealed by1983 e 272 § 161

760 155 [ Repealed by 1983 c 272 § L8[

760 160 [ Amended by 1971 c W6 5115, repealed by198.3 c 272 § 16)

760. 165 Fixing emergency rates. Thecommission may, when deemed by the commission necessary to prevent injury to the business orinterests of the people or railroads of this state in

case of any emergency, temporarily alter, amendor, with the consent of the railroad company

concerned, suspend any existing freight rates, schedules and orders on any railroad or part ofrailroad in this state Rates so made by thecommission shall apply on one or more of therailroads in this state or any portion thereof as

may be directed by the commission, and shallLake effect at such time and remain in force for

such length of time as may be prescribed by thecommission [ Amended by 1971 c 655 5116, 1983 c 272 §91

760. 170 Excessive charges as unjust

discrimination. (1) Except as provided in ORS760 026, 760 140 and 760 145 to 760 160, no rail-

road or any agent or officer thereof shall, directlyor indirectly, by any special rate, rebate or draw- back or by means of any false billing, false classification, false weighing or by any other device, charge, demand, collect or receive from any person a greater or less compensation for any servicerendered or to be rendered by it for the transportation ofproperty or for any service in connection

therewith, than that prescribed in the published

tariffs then in force, or established as provided inORS 760105 and 760 110, or than it charges,

demands, collects or receives from any otherperson for a like and contemporaneous service

under substantially similar circumstances and

conditions, nor shall any railroad extend to any

person any privilege or facilities in the transportation of property unless such privileges andfacilities are specified in the tariff schedules then

in effect

2) No railroad shall demand, charge, collect

or receive from any person a less compensationfor the transportation of property or for anyservice rendered or to be rendered by the railroad, in consideration of such person furnishing anypart of the facilities incident thereto, but thisdoes not prohibit any railroad from renting anyfacilities incident to transportation and paying areasonable rental therefor

3) Except as provided in subsections ( 4) and5) of this section, no railroad shall charge or

receive any greater compensation in the aggregatefor the transportation of like kind of property, fora shorter than for a longer distance over the sameline or route in the same direction, the shorter

being included within the longer distance, or tocharge any greater compensation as a throughrate than the aggregate of the intermediate rates

4) A railroad operating over a circuitous lineor route may, subject to other requirements oflawfulness provided in this chapter, and withoutfurther authorization, meet the rates of another

railroad operating over a more direct line or routeto or from the competitive points Any rate thusestablished over a circuitous line or route shallnot be evidence on the issue of the compensatorycharacter of rates involved in other proceedings

5) After investigation and for cause shown,

the commission may permit the collection of agreater sum for a shorter than for a longer distance over the same line [ Amended by 1971 c 655 9117,

1983 c 198 54 1983 c 272 § 10J

760. 175 Preferences to particular persons or localities as unjust discrimination.

1) No railroad shall

a) Make or give any undue or unreasonablepreference or advantage to any particular person

b) Subject any particular person or particular description of traffic to any undue or unreasonable prejudice or disadvantage in any respect

c) Make or give any undue or unreasonablepreference or advantage to any particular locality, or subject any particular locality to any undueunreasonable prejudice or disadvantage in anyrespect

1041

SUPERSEDED


2) This section does not prohibit any railroad from giving necessary preference to livestock and perishable freight over other freight

3) Any railroad violating this section isguilty of unjust discrimination [ Amended by 1971c 655 § 118, 1983 c 272 § 11]

760. 180 Acceptance of rebate prohib-

ited No person shall knowingly accept or receiveany rebate, concession or discrimination inrespect to transportation of any property whollywithin this state, or for any service in connectiontherewith, whereby any property is transportedat a less rate than that named in the publishedtariffs in force, or whereby any service or advantage is received other than is therein specified

Amended by 1983 0 272 $ 121

760 205 11957 c 415 § l, 1971 c 655 § 118a repealed by1983 c 272 § 161

760 210 [ 1957 c 415 § 2 1971 c655 § 119, repealed by1983 c 272 916]

760 215 [ 1957 c 415 § 3 1971 c 665 § 120, repealed by1983 c 272 § 16]

760 220 [ 1957 c 415 § 4, repealed by 1971 c 655 § 250]

760 225 [ 1957 c 415 97( 2), 1971 e 655 § 121, repealed

by 1983 c 272 § 16]

760 230 [ 19V e 415 95 1971 e 655 § 122 repealed by1983 c 272 4161

760 235 [ 1957 c 415 § 8, 1971 c 655 § 12, repealed bN

1983 c 272 § 161

760 240 [ 1957 c 415 § 6, 1971 c 655 & 124, repealed by1983 c 272 § 16]

760 245 [ 1957 c 415 § 7( l) repealed by 1971 c 655250]

760 250 [ 1957 c 415 § 9 1971 c 655 9124a repealed by1983 c 272 § 161

760 255 [ 1957 c415 § 10, 1971 e 655 4125, repealed by

1983 c 272 § 161

REPORTS AND ACCOUNTS

760, 305 Annual report to commission.

1) Every railroad shall annually, on or beforeMay 1, unless additional time is granted, file withthe commission a report verified by a dulyauthorized officer, in such form and containingsuch information as the commission shall pre-

scribe, covering the year ending December 31next preceding

2) Any railroad failing to make such reportshall forfeit to the state, for each day' s default, asum not to exceed $ 100, to be recovered in a civilaction in the name of the State of Oregon

tmeoded by 1971 c 655 § 126, 1977 c 512 § 1 ]

760 310 [ Repealed by 1971 c 605 92501

760 315 [ Repealed by 1971 c 655 § 2501760 320 [ Repealed by 1971 e 655 § 25u]

760.325 Prescribing of uniform systemof accounting. The commission may prescribe auniform system of rendering accounts of businesstransacted in Oregon by all railroads The commission may also prescribe the manner In whichsuch accounts may be kept, and the time withinsuch railroads shall adopt such system All forms

of accounts prescribed by the commission shallconform as nearly as practicable to similar formsprescribed by federal authority

760. 330 Delivery of copies of contractsto commission. Every railroad, wheneverrequired by the commission, shall deliver to thecommission for the commission' s use, within a

time to be fixed by the commission, copies of allcontracts which relate to the transportation of

property, or any service in connection therewith,

made or entered into by it with any other railroad, car company, equipment company, express

or other transportation company, or any shipperor other person doing business with it Thissection does not apply to contracts provided forunder ORS 760 140 [ Amended by 1983 c 198 § 5 1983c 272 § 13]

760335 [ Repealed by 1971 c 655 §280]

760 340 [ Repealed by 1971 c 655 §250]

760 345 [ Repealed by 1971 c 685 § 256]

760 350 [ Repealed by 1971 c 655 §250]

760 405 [ Repealed by 1971 c 655 § 250]

760 410 [ Repealed by 1971 C 655 § 2501

760 415 [ Repealed by 1971 c 655 § 2501

760 420 [ Repealed by 1971 C 655 § 2501

760 425 [ Repealed by 1971 c 655 § 2501

760 430 [ Repealed by 1971 c 655 § 2501

760 505 1Repealed by 1971 c 655 § 2501

760 510 { Repealed by 1971 c 655 § 250]

760 515 ( Repealed by 1971 c 655 $ 2501

760 520 [ Amended by 1957 c 416 § l, repealed by 1971C 655 § 2561

SPECIAL ORDERS; ACTIONS AGAINSTCARRIERS

760. 525 Special orders for feint rates.

1) Whenever the rate ordered substituted by thecommission under ORS 756 515 is a joint rate or

a joint rate is established under subsection ( 2) of

this section, and the railroads party thereto fall toagree upon the apportionment thereof within 20

days after the service of such order, the commis-

sion may, after a like hearing issue a supplementary order declaring the apportionment of such

1042

SUPERSEDED

RAILROAD REGULATION GENERALLY 760.550

joint rate, and the same shall take effect of its own

force as part of the original order

2) Whenever the railroads refuse or neglect

to establish a through route or joint rates for the

transportation of property, the commission may, upon notice to the railroads and after opportunityto be heard as provided in ORS 756 500 to756 610, fix and establish such through route or

joint rates [ Amended by 1971 c 655 § 127, 1983 c 272 § 141

760. 530 [ Repealed by 1971 c655 §2501

760. 535 Award of damages to personspaying unreasonable rates. If, after hearingon a complaint made as provided in ORS 756 500and 756 512, with respect to intrastate commerce,

the commission determines that any party complainant has suffered a pecuniary loss or damageby reason of the imposition or collection by anycommon earner, railroad or transportation com-

pany, of rates or charges in violation of ORS760 015 or 760 135, the commission shall make an

order directing the carrier to pay to the complainant on or before the day named the sum found tohave been imposed upon or collected from thecomplainant in violation of said statutes [ Amended

by 1971 c 655 § 128, 1983 c 272 915]

760. 540 Enforcement of award bycourt action; attorney fees. ( 1) If a commoncarrier, railroad or transportation company doesnot comply with an order issued under ORS760 535 within the limit in such order, the com-

plainants, or any person for whose benefit suchorder was made, may file in any state court ofgeneral jurisdiction, within one year from the

date of-the order, a petition setting forth brieflythe causes for which the petitioner claims

damages and the order of the commission in thepremises

2) Such action in the courts of the state shall

proceed in all respects like other civil actions fordamages, except that

a) On the trial of such action the findingsand order of the commission are prima facie

evidence of the facts therein stated, and

b) The petitioner is not liable for costs in the

circuit court nor for costs at any subsequent stageof the proceedings unless they accrue upon appealby the petitioner

3) If the petitioner finally prevails, the petitioner shall be allowed a reasonable attorney feeat trial and on appeal [ Amended by 1981 a 897 § 1051

760.545 Limitations on actions by andagainst carriers. ( 1) Subject to subsections (2) and ( 3) of this section

a) All actions at law by any common carrier, railroad or transportation company subject to

this chapter, for recovery of tariff charges subjectto the commission' s jurisdiction, or any partthereof, shall be begun within three years from

the time the cause of action accrues

b) All complaints against a common carrier,

railroad or transportation company for the recovery of damages based on matters within thejurisdiction of the commission shall be filed withthe commission within two years from the timethe cause of action accrues, unless the carrier,

after the expiration of such two years or within 90days before such expiration, begins an action for

recovery of charges that are under the jurisdictionof the commission in respect of the same service,

in which case such period of two years shall beextended to 90 days from the time such action bythe carrier is begun

c) All actions against common carriers, railroads or transportation companies subject to this

chapter for the recovery of tariff overchargessubject to the jurisdiction of the commission shall

be begun within three years from the time the

cause of action accrues

2) A cause of action specified in subsection1) of this section related to the shipment of

property accrues upon delivery or tender of delivery thereof by the carrier

3) Actions for collections of overcharges orundercharges based upon contracts under ORS760 140 or services exempt under ORS 760 026shall be begun within

a) The time prescribed in contracts or agreements of the parties, or

b) The time prescribed for enforcing contracts [ Amended by 1971 a 655 § 129, 1983 a 198 § 61

760. 550 Joinder of parties in action on

award. In suits brought under ORS 760 540, allparties in whose favor the commission has made

an award for damages by a single order may bejoined as plaintiffs, and all the carriers parties to

such order may be joined as defendants Serviceof process against any one of such defendantsfound in the state may be made by the sheriff Incase of such joint action, the recovery, if any, may

be by judgment in favor of any one of the plaintiffs against the defendant found to be liable tosuch plaintiff

760 555 [ Repealed by 1971 c 655 § 2501

760 560 [ Repealed by 1971 c 655 § 250]

760 565 [ Amended by 1957 c 473 § l, repealed by 1971C 655 § 2501

760 570 [ Repealed by 1971 c 655 § 250]


1043

SUPERSEDED


760 580 [ Repealed b) 1971 c 655 §250]

760 585 [ Repealed b) 1971 e 655 §2501

760 590 [ Repealed by 1971 c 655 §2501

760 595 [ Repealed b) 1971 c 655 §250]

760 600 [ Repealed by 1971 c 655 §250)

760 605 [ Repealed by 1971 c 655 §2501


760.610 Government acquisition oflines; permitted actions. ( 1) The State of

Oregon, a city, county, county service district, mass transit district organized under ORS

267 010 to 267 390, a transportation district organized under ORS 267 510 to 267 650 or a port

may acquire, own, reconstruct, rehabilitate, operate or maintain a railroad line for the benefit anduse of its inhabitants and for profit

2) In the exercise of the power granted under

subsection ( 1) of this section, this state, a city, county, county service district, mass transit district, transportation district or port may

a) Acquire, by purchase or otherwise, own, reconstruct, rehabilitate or operate a railroad as

described in subsection ( 1) of this section withinand outside its boundaries and the boundaries of

this state and running from the city, county, district or port to other points within and outsideits boundaries and the boundaries of this state

b) Acquire rights of way, easements or realproperty within and outside its boundaries andthe boundaries of this state when necessary orconvenient for the acquisition and operation ofthe railroad line

c) Enter into contracts with any person forthe reconstruction, rehabilitation, operation or

maintenance of the railroad line by such personfor the city, county, district or port

3) Nothing in this section shall be construedas expanding or diminishing the power of eminent domain conferred upon public bodies, designated in subsection ( 1) of this section, by ORS368 116 or any other provision of law 11985 c 541 § l, 1987 c 871 § 11

Note 760 610 and 760 620 were enacted into law by the

Legislative A, semhly but were not added to or made apart ofORS chapter 760 or an) series therein by legislative actionSee Preface to Oregon Re%ised Statutes for further explanation

760.620 State Rail Rehabilitation

Fund; use; report. ( 1) The State Rail

Rehabilitation Fund is established as an account

in the General Fund of the State Treasury Allmoneys in the account are appropriated continu-

ously to the Department of Transportation forexpenditures for any or all of the following

a) Acquisition of a railroad lineb) Rehabilitation or improvement of rail

properties

c) Planning for rail services

d) Any other methods of reducing the costsof lost rail service in this state

2) The program developed by the Depart- ment of Transportation under this section toprovide funds for rail projects shall include

a) Development of a formula for determininga minimum cost to benefit ratio necessary forproject funding,

b) Supervision and monitoring of railroadacquisitions and the awarding of rehabilitationcontracts,

c) Continuing inspection of all railroadrehabilitation projects, and

d) Auditing financial records of all railroadacquisition and rehabilitation projects

3) The Department of Transportation shallprovide funds for railroad projects under this

section only with the approval of the OregonTransportation Commission

4) The Department of Transportation shall

prepare an annual report relating to its activitiesunder this section Copies of each report shall be

submitted to the Legislative Assembly 11985 c 5,112, 1987 c 971 § 21

Note See note under 760 610

760.630 Commission to participate incontested abandonment proceedings. Thecommission shall participate before the appropri-

ate federal agency in all contested railroad lineabandonment proceedings involving the proposed abandonment of any railroad line in thisstate Prior to such participation, the commissionshall consult with public entities and users of

railroad service affected by the proposed abandonment. [ 1985 c 510 § 21

PENALTIES

760.990 Penalties. ( 1) Any railroad violating ORS 760 170 ( 1) is guilty of discriminationand shall, upon conviction, forfeit and pay to theState Treasurer not less than $100 nor more than

10, 000 for each offense

2) Any agent or officer violating ORS760 170 ( 1) shall be punished, upon conviction,

by a fine of not less than $ 100 nor more than1, 000 for each offense

3) Violation of ORS 760 180 is punishable, upon conviction, by a fine of not less than $50 nor

1044

SUPERSEDED

RAILROAD REGULATION GENERALLY 760 990

more than $ 1, 000 for each offense Amended by 1071C 655 ¢ 130]

1045

SUPERSEDED


1046

SUPERSEDED

Chapter 761


Railroad Equipment, Buildings and Tracks; Transportation of

Hazardous Materials

RAILROAD BUILDINGS, TRACKS AND

FACILITIES

761 110 Maintenance of adequate passenger andfreight depots and facilities

761120 Inspection of, recommendations on and

orders concerning railroad equipment and

facilities

761 140 Construction of connections to lateral orbranch lines

761 150 Procedure on failure to construct conuve-

tions

761 160 When track connections with warehouses

required, furnishing freight cars

761 170 Recovery of penalty by injured party forfailure to comply with ORS 761 160

761 180 Track clearances

761 190 Cooperation with federal agencies on matters of safety, disclosure of reports ifrequired by federal law

761200 Walkway standards, variances

761 205 Track improvement and rehabilitation program

RAILROAD EQUIPMENT

761310 Electric headlights for locomotives, Ila-

HAZARDOUS MATERIALS

761 370 " Hazardous materials" defined

761 380 Notice of movement of hazardous mate-

rials, confidentiality of notice information

761395 Visual external inspections required on

cars standing in rail yards or stations morethan two hours

761 400 Commission to designate hazardous materials and notice requirements

761 405 Notifying Emergency Management Divi- sion of reportable incident, derailments and

fires, trains required to be equipped withradio gear

761 415

bility for damages

761 315 Forst aid kits required on locomotives and

761 421

caboose cars

761 320 Equipment required on track motor cars

761 325 Self - propelled vehicles used in yards or ter-

761 992

minals

761 330 Track scales, inspection and sealing

761340 Collection and payment of expenses of

761 6t2

inspection, expenditures for administration

761350 Tampering with scales prohibited

761 365 Water quality and sanitation facility stan-

761 625

dards for locomotives and caboose care

HAZARDOUS MATERIALS

761 370 " Hazardous materials" defined

761 380 Notice of movement of hazardous mate-

rials, confidentiality of notice information

761395 Visual external inspections required on

cars standing in rail yards or stations morethan two hours

761 400 Commission to designate hazardous materials and notice requirements

761 405 Notifying Emergency Management Divi- sion of reportable incident, derailments and

fires, trains required to be equipped withradio gear

761 415 Commission to set standards for safe trans-

761900

portation of hazardous wastes, civil penalty

761 421 Disclosure of hazardous waste reports and

information to Environmental Protection

761 990

Agency

761 992

CABOOSE REQUIREMENTS


761 605 Application of requirements

761 6t2 Standards for operation of freight trainswithout caboose, considerations, variances

761 620 Electric markers, fire extinguishers

761 625 Exemption from ORS 761 620

761 630 Use of noncomplying caboose prohibited, equipment failure, repair

761 635 Register for reporting failures of equipment or maintenance standards, rules foruse

761 640 Administrative authority of commission, rules

CROSSREFERENCES

Railroad regulation generallv, Ch 760

Railway mcpectors required, 760 070, 760 075

Snowmobiles and all - terrain vehicles, regulations for crossingof highway or railroad rights of way, 821 190

761 110

Grade crossings, 763 170

Track fencing regulations, 606 310 to 608 400

761 140

Procedure for cronstruction of side lines and extensions, condemnation, 760 069

761 330

License from Department of Agriculture not required fortrack scales, 618 126

761 340

Expenditures without allotment prohibited in certain cases,

291 238

761 370 to 761 400

Hazardous substances Ch 453

1047

PENALTIES

761900 General civil penalties

761905 Civil penalty for water quahtyor sanitationstandard violations


761 992 Penalty for violation of caboose requirements

761 994 Penalty for unlawful transportation or disposal of hazardous wastes

CROSSREFERENCES

Railroad regulation generallv, Ch 760

Railway mcpectors required, 760 070, 760 075

Snowmobiles and all - terrain vehicles, regulations for crossingof highway or railroad rights of way, 821 190

761 110

Grade crossings, 763 170

Track fencing regulations, 606 310 to 608 400

761 140

Procedure for cronstruction of side lines and extensions, condemnation, 760 069

761 330

License from Department of Agriculture not required fortrack scales, 618 126

761 340

Expenditures without allotment prohibited in certain cases,

291 238

761 370 to 761 400

Hazardous substances Ch 453

1047

SUPERSEDED


1048

SUPERSEDED

RAILROAD EQUIPMENT; HAZARDOUS MATERIALS 761. 160

761 010 [ Repealed by 1971 e b55 § 250]

RAILROAD BUILDINGS, TRACKS ANDFACILITIES

761. 110 Maintenance of adequatepassenger and freight depots and facilities.

1) Every railroad shall provide and maintainadequate depots and depot buildings, and clean

and suitable toilet rooms, or buildings, at stations

where its trains regularly stop to receive or discharge passengers

2) The depot buildings shall be kept clean, well lighted and warmed, for the comfort and

accommodation of the traveling public

3) All railroads shall keep and maintainadequate and suitable freight depots, buildings, switches, spurs and sidetracks for the receiving, handling and delivering of freight transported orto be transported by such railroads [ Amended by1971 c 655 § 1921

761. 120 Inspection of, recommenda-

tions on and orders concerning railroadequipment and facilities. ( 1) Except as provided in subsection ( 2) of this section, the com-

mission shall examine and inspect the physical

condition of all railroad facilities in the state,

including roadbeds, stations and equipmentWhenever it appears from such inspection that

the safety of the public or the employes of suchrailroad may be threatened, notice of the condition or practice under investigation shall be given

to the railroad and any person responsible for themaintenance or use of the railroad facility If suchcondition or practice is not corrected to the

commission' s satisfaction, the commission shall

set the matter for hearing Following such hearing the commission shall order the railroad orperson responsible for the maintenance or use of

the railroad facility to make any repairs, alterations, or changes necessary to correct or eliminateany condition or practice found to threaten thesafety of the public or the employes of the railroad Notwithstanding the provisions of ORS756 512, if in the opinion of the commission a

condition or practice is so hazardous as to placethe employes of the railroad in immediate danger

the commission may issue, after hearing, upon 48hours' written notice given the railroad, an order

prohibiting the use of the facility until such timeas necessary repair, alterations or changes aremade

2) This section does not apply to a penaltyimposed under ORS 761 415 or 761 994 [ Amended

by 1971 c 655 § 133 1973 c 171 § 3, 1975 c 318 § 2, 1983 c 70319]

761 130 [ Repealed by 1971 c b55 § 250] 761. 140 Construction of connections

to lateral or branch lines. ( 1) Any railroad, upon application of any lateral or branch linerailroad, or any shipper tendering intrastate traffic for transportation, shall construct, maintain

and operate upon reasonable terms a switch con-

nection with any lateral or branch line of railroador private sidetrack which may be constructed, where such connection is reasonably practicable

and can be put in with safety and will furnishsufficient business tolustify the construction andmaintenance of the same, and shall furnish cars

and transport, to the best of its ability, any traffictendered to, over or from such lateral or branch

line of railroad or private sidetrack, without discrimination in favor of or against such shipper

2) However, this section does not compel arailroad to remove from or deliver on a privatesidetrack traffic tendered in less than carload

lots

3) Shipments of livestock, perishable property and explosives may have precedence over allother classes of merchandise

761. 150 Procedure on failure to construct connections. ( 1) If any railroad fails toinstall and operate the connections required byORS 761 140 on application therefor in writingby the owner of any such lateral or branch line ofrailroad, or any shipper, the owner of any suchlateral or branch line of railroad, or any shippermay make complaint to the commission in the

manner provided by ORS 756 500 to 756 610 Thecommission shall, in the manner provided in said

statutes

a) Make investigation of the connections

b) Determine the safety, practicability andjustification of the connections

c) Ascertain the items of reasonable cost of

making such connections

d) Make an order, directing the railroad tocomply with ORS 761 140 in accordance withsuch order -

2) The order shall be enforced as other

orders of the commission fixing a reasonableservice are enforced The railroad shall furnish

the rails and fastenings, and the switch, complete

with frog and guard rails, and the ties and gradingshall be furnished or the expense borne by applicant [ Amendedbyl9ilc655 § 1341

761. 160 When track connections with

warehouses required; furnishing freightcars. Whenever any warehouse is built within150 feet of the main line of any railroad in thisstate, with sidetrack graded and ties laid down

1049

SUPERSEDED


without expense to the company owning or operating said road, and not less than 300 tons offreight stored in said warehouse ready for transportation and the warehouses are so situated that

trains can be started with the same power as in

daily use on ordinary straight and level track, then the said railroad company shall

1) Lay down the track, with the necessaryconnections and switches

2) From time to time furnish suitable freight

cars necessary for the removal of such freight3) Transport freight in carload lots to or

from said warehouse in regular order, as other

freight is transported on said road, whenever

notice is given to the agent of the company orperson in charge of the nearest station thereon

761. 170 Recovery of penalty byinjured party for failure to comply withORS 761. 160. If any company or corporationowning or operating any railroad in this state failsto comply with ORS 761 160, the person injuredby such failure may recover against such railroadcompany, in any court having jurisdiction, apenalty of $300 for each week during which suchfailure continues

761. 180 Track clearances. The commission, upon own motion or upon application of

any person, and with or without hearing.

1) May enter an order prescribing standardtrack clearances for railroads

2) Upon finding good cause, may enter anorder granting authority for a railroad to operateat particular points with clearances different

from those prescribed as standard track clear-

ances [ 1971 c 655 § 1351

761. 190 Cooperation with federal

agencies on matters of safety; disclosure ofreports if required by federal law, ( 1) Thecommission may cooperate with, make certifica-

tions to, and enter agreements with the Secretaryof Transportation of the United States, or anyother federal agency with jurisdiction over railroads, under the Federal Railroad Safety Act of1970, as amended through the effective date ofthat Act

2) The commission may assume responsibility for and carry out on behalf of the Secretary ofTransportation of the United States, or any otherfederal agency with jurisdiction over railroads, regulatory jurisdiction over the safety practicesapplicable to railroad facilities and operations inOregon not otherwise subject to the jurisdiction

of any other agency of this state

3) Notwithstanding any other provisions oflaw to the contrary, the commission shall make

public such reports as are required to be madepublic under the Federal Railroad Safety Act of1970, as amended through the effective date of

that Act and shall provide such information as is

required thereunder to the Secretary of Trans- portation of the United States 11973 c 171 § 2, 1979

c 82 § 4, 1981 c 355 § 1, 1987 c 158 § 155)

761. 200 Walkway standards; variances. ( 1) The commission, upon the commis-

sion' s motion or upon application of any person,

by rule shall prescribe standards for walkwaysalongside railroad tracks where necessary for thesafety of railroad employes

2) The commission may for good causeshown permit variances from the standards so

prescribed [ 1973 c 232 § § 2, 3, 1983 c 540 § 81

761. 205 Track improvement and

rehabilitation program. The Department of

Transportation may

1) Identify segments of railroad track in thisstate that

a) Are abandoned, threatened with aban-

donment or have physical characteristics that

reduce freight service, and

b) Have the potential for providing renewed, continued or improved rail service that would

benefit the state or community beyond the costinvolved

2) Develop and implement programs toencourage improvement of service over segments

of railroad track identified under subsection ( 1)

of this section

3) With the prior approval of the OregonTransportation Commission, enter into agreements with the United States Government, apolitical subdivision in this state or any personto

a) Continue existing rail service on a segment of railroad track identified under subsection

1) of this section,

b) Acquire a segment of railroad track iden-

tified under subsection ( 1) of this section to

maintain existing or provide for future rail service,

c) Rehabilitate or improve, to the extent

necessary to permit more adequate and efficientrail service, railroad property on a segment of

railroad track identified under subsection ( 1) ofthis section, or

d) Provide funding for less expensive alternatives to rail service over a segment of railroad

track identified under subsection ( 1) of this sec-

tion

1050

SUPERSEDED


4) Do any act required of this state underrules adopted by the United States Secretary ofTransportation under section 1654, title 49, United States Code, for allocation and distribution of funds to any state under section 1654, title49, United States Code, for preserving or improving rail freight service in this state 11979 c 851 § il

Note 761 205 was enacted into law by the LegislativeAssembly but was not added to or made a part of ORS chapter761 or any series therein b legislative action See Preface toOregon Revised Statutes for further explanation

RAILROAD EQUIPMENT

761. 310 Electric headlights for loco-

motives; liability for damages. ( 1) Everyperson operating any class I line of railroad, asclassified by the Interstate Commerce Commis- sion, shall maintain and use upon every locomotive power vehicle, power car and other

equipment used as the equivalent of or in the

place of locomotives which is operated at night,

electric front and rear headlights of sufficientcandle power, measured with a reflector, to throw

a light in clear weather that will enable the

operator of the same plainly to discern an objectthe size of a human at a distance of not less than

800 feet However, every locomotive, power vehicle, power car or other equipment used as the

equivalent of or in place of locomotives shallextinguish the light on the end and to which a car

is coupled when used for switching purposes onlyin a railroad yard

2) Any person who violates this section, inaddition to the penalty prescribed in ORS761990, is liable for all damages resulting, inwhole or in part, directly or indirectly from theviolation [ Amended by 1971 e 655 § 135al

761. 315 First aid kits required on

locomotives and caboose cars. Every locomotive and caboose of every railroad operating inthis state shall be equipped with a first aid kit

11977 c 535 § 6l

761. 320 Equipment required on

track motor cars. ( 1) Every person operatingor controlling any railroad which is a common

carrier shall equip each of its track motor cars

operating during the period 30 minutes beforesunset and 30 minutes after sunrise with

a) An electric headlight of sufficient candle

power to enable the operator of the car to plainlydiscern any track obstruction, landmark, warningsign or grade crossing at a distance not less than300 feet

b) A red rear electric light with sufficientcandle power to be plainly visible at a distancenot less than 300 feet

c) A windshield equipped with a device, which must be kept in good working order, withwhich the operator can clean ram, snow and other

moisture from the windshield

d) A canopy or top adequate to protect theoccupants of the car from sun, rain, snow or otherinclement weather

2) As used in this section, " track motor car" means all power - propelled speeders and motor

cars which can be lifted on and off the track byhand

761. 325 Self - propelled vehicles usedin yards or terminals. ( 1) No railroad shallpermit or require an employe to use a self -pro-

pelled vehicle in its yards or terminals for inspect-

ing trains, equipment or facilities or transportingemployes or materials for the repair of trains,

equipment or facilities, unless the vehicle isdesigned, constructed and operated in accordance

with the safety orders and regulations adoptedunder ORS 654 001 to 654 170 and 654 202 to654 216

2) As used in subsection ( 1) of this section,

railroad" means a railroad as defined by ORS760 005 and 760 010 [ 1971 a 586 § §l, 2, 1973 c 833 § 471

Note 761 325 was enacted into law by the LegislativeAssembly but was not added nor made Apart of ORS chapter

761 or any series therein by legislative action See Preface toOregon Revised Statutes for further explanation

761. 330 Track scales; inspection and

sealing. ( 1) All track scales used by railroadswithin this state to weigh cars or freight offeredfor shipment in carload lots shall be under the

jurisdiction of the commission and subject to the

inspection of the commission The commission

may also test other track scales

2) The commission shall, from time to time, test and inspect all such scales No track scaleshall be used in determining weights for thepurpose of determining freight charges withoutfirst obtaining a seal from the commissionapproving such use

3) The commission shall approve a suitable

sealing device, and cause all track scales inspectedunder this section to be officially sealed with suchdevice, when such scales are found or made to bein compliance with the commission' s rules

4) The commission may procure or otherwise secure the use of the car, apparatus or

facilities used for tests and inspections as the

commission may require for the purposes of thissection Such car, apparatus or facilities may beused jointly with another state or states to test

track scales and for that purpose may be takenbeyond the limits of the state under such terms

1051

SUPERSEDED


and conditions agreed upon with such other

states The car and apparatus needed to test track

scales shall be transported free by every railroadin this state ( Amended by 1971 c 655 § 1361

761340 Collection and payment ofexpenses of inspection; expenditures foradministration ( 1) The commission mayascertain, declare and collect the reasonable cost

and expenses of making inspections and tests oftrack scales, other than those operated by railroads subject to the jurisdiction of the commis-

sion Any person other than said railroadsoperating such scale shall pay the cost andexpense of an} Inspection to the commission

upon demand, which sum shall be paid by thecommission into the State Treasury and shall beplaced by the State Treasurer to the credit of thePublic Utility Commission Account and shall beused only for the purpose of paying the expensesof the commission in the administration of ORS761 330 to 761 350

2) When, in the judgment of the commis-

sion, action is deemed necessary to collect anyunpaid costs and expenses upon the neglect or

refusal, after demand, of any person to pay suchcosts and expenses, the commission shall bringsuch action or take such proceedings as may benecessary in the name of the state in any court ofcompetent jurisdiction and be entitled to recoverall such costs and expenses and the costs and

disbursements incurred therein which moneys

shall be credited to the Public Utility Commis- sion Account and shall be used only for thepurpose of paying the expenses of the commissionin the administration of ORS 761330 to 761350Amended by 1957 c 459 §9 1971 c 665 § ld7]

761. 350 Tampering with scales prohibited. No person shall break or tamper with

or cause to be broken or tampered with, the seal

or the track scales after the same has been

installed or inspected by the commission or theinspector of the commission 1Amended bi 1971 c 655

1381

761 360 ( Repealed by 1971 c 655 § 2561

761.365 Rater quality and sanitationfacility standards for locomotives andcaboose cars. ( 1) The commission shall pre-

scribe standards for water quality and sanitationfacilities on railroad locomotives and cabooses in

this state

2) The commission may for good causeshown permit variances from the standards so

prescribed 119 79 c 52 § 2J

HAZARDOUS MATERIALS

761. 370 " Hazardous materials"

defined. As used in ORS 761380 to 761415

hazardous materials" means those substances

designated by the commission pursuant to ORS761460( 1) 11975c1 .12 §2, 1977c685 § 1, 1985e565 §1191

761. 380 Notice of movement of haz-

ardous materials; confidentiality of noticeinformation, ( 1) Before transporting hazardous materials into this state or from a railroad

terminal located within this state, a railroadshall, as soon as reasonably possible after it hasnotice of such train movement, provide such

notification thereof as the commission determines pursuant to ORS 761 400 If the informa-

tion necessary for the notification is not availablebefore beginning the train movement, or if hazardous materials are added to the train while en

route, notification shall be given as soon as theinformation is available For the purposes of thissubsection, " train movement' does not include a

switching or transfer movement2) Except to the extent that the commission

determines is necessary to provide for the safetransportation of the hazardous materials, the

commission, an employe of the commission and

any person receiving information pursuant tothis section shall not divulge or make known the

information contained in the notification at anytime before or during the transportation of thehazardous materials for which the notification isprovided 11975 c 132 § 3, 1977 c 685 §2]

761 390 11975 c 132 § 4, repealed by 1977 c 685 § 81

761.395 Visual external inspections

required on cars standing in rail yards orstations more than two hours. Each railcar

containing hazardous materials for which anExplosives A," " Flammable Gas" or " Poison

Gas" placard is required by federal regulation, andwhich remains in a rail yard or station for more

than two hours shall be visually inspected exter- nally by the transporting railroad within twohours of the car' s arrival and within two hours

prior to the car' s departure 1i977 c 685 § 6, 1979 c 244

11

761. 400 Commission to designate

hazardous materials and notice requirements, After consultation with the State FireMarshal the commission shall determine

1) What material and quantity thereof thetransportation of which is hazardous to public

health, safety or welfare and shall designate byrule such materials and quantities as hazardous

materials In defining hazardous materials thecommission shall, so far as practicable, adopt

definitions in conformity with the federal rulesand regulations

2) What notification required by ORS761 380 ( 1) is necessary to provide for the safe

1052

SUPERSEDED

RAILROAD EQUIPMENT; HAZARDOUS MATERIALS 761.612

transportation of hazardous materials, including ( 4) As used in this section, " transporter" has

but not limited to the time, content and manner the meaning given that term in ORS 466 005of notification 11975 c 132 § 5 1977 c 685 § 31 [ 1981 c 680 § 6, 1983 c 703 § 201

761. 405 Notifying Emergency Man- agement Division of reportable incident,

derailments and fires; trains required to beequipped with radio gear. ( 1) Each railroad

that gives notice to the United States Depart- ment of Transportation of an incident that

occurs during the course of transporting hazardous materials as defined by federal regulationsshall also give notice of the incident to the

Administrator of the Emergency ManagementDivision of the Executive Department

2) As soon as reasonably practicable, eachrailroad shall notify the Administrator of theEmergency Management Division of the Execu- tive Department by telephone or similar means ofcommunication of any derailment or fire involving or affecting hazardous material

3) To facilitate expedited and accuratenotice to the administrator under this section,

each train transporting hazardous materials inthis state shall be equipped with at least two radio

transmitter - receivers in good working order Inaddition, 18 months after October 4, 1977, trains

over 2, 000 feet in length that are transportinghazardous materials shall be equipped with a

radio handset in good working order capable ofcommunicating with the radio transmitter - receivers If the equipment required under thissection does not function while the train is an

route, the train may proceed to the next point ofcrew change where the equipment shall be

replaced or repaired 11977 c 685 § 5]

761 410 [ Repealed by 1971 c 655 $ 250]

761.415 Commission to set standards

for safe transportation of hazardous

wastes, civil penalty. ( 1) The commission

shall adopt rules setting standards for the safetransportation of hazardous wastes, as defined in

ORS 466 005, by all transporters

2) The authority granted under this sectiona) Is in addition to any other authority

granted the commission

b) Does not supersede the authority of theEnergy Facility Siting Council to regulate thetransportation of radioactive materials under

ORS 469 530

3) In addition to any other penalty for violation of a rule adopted under this section, the

commission, after hearing, may impose a civilpenalty of not more than $ 10, 000 for violation ofa rule adopted under this section Each day ofnoncompliance with a rule is a separate violation

761 420 [ Repealed by 1965c2&3§ 1531

761. 421 Disclosure of hazardouswaste reports and information to Environ-

mental Protection Agency. Records, reportsand information obtained or used by the commission in administering the hazardous waste program under ORS 761 415 shall be available to the

United States Environmental Protection Agencyupon request If the records, reports or informa-

tion has been submitted to the commission under

a claim of confidentiality, the state shall makethat claim of confidentiality to the Environmen- tal Protection Agency for the requested records, reports or information The federal agency shalltreat the records, reports or information that is

subject to the confidentiality claim as confidential in accordance with applicable federal law

1983c 703 § 51

761 430 Repealed by 1971 c 655 § 2501

761 510 Repealed by 1961 c 726 § 4271

761 520 Repealed by 1961 c 726 § 4271

761 530 Repealed by 1961 c 726 §4271

CABOOSE REQUIREMENTS

761 600 Definitions for ORS 761. 605to 761.640. As used in ORS 761 605 to 761 640

1) " Caboose" means any car or coach used ona train to carry a train crew

2) " Marker" means any lamp providingillumination by electrical power which isdesigned to be displayed on a railroad car or coachfor safety purposes

3) " Terminal" means a system of tracks, the

boundaries of which are set by a railroad for thepurpose of coupling or uncoupling cars [ 1979 c 791

21

761. 605 Application of requirements.

The provisions of ORS 761 605 to 761 640 and

761 992 shall apply to all cabooses except thoseused in terminal service or in road service for a

distance not to exceed three miles, and shall not

apply to logging railways [ 1979 c 791 § 31761 610 [ 1979 c 791 § 4, repealed by 1987 e 433 §21

761.612 Standards for operation of

freight trains without caboose; considerations; variances. ( 1) The commission, upon its

own motion or upon application of any person, byrule, shall prescribe standards for the operation

by Class I railroads of freight trains without anoccupied caboose as the rear car In adopting such

1053

SUPERSEDED


standards, the commission shall consider the

general public safety and welfare, the safety ofrailroad operating employes and the provisions ofcollective bargaining agreements between a railroad and its labor unions regarding the use of acaboose on a freight train operated by a Class Irailroad

2) The commission, for good cause' shown,

may permit variances from the standards prescribed pursuant to subsection ( 1) of this section

11987 c 433 § 41

761 615 [ 1979 c 791 § 8a, repealed by 1987 c 433 § 2]

761. 620 Electric markers; fire

extinguishers. ( 1) All cabooses shall beequipped with electric markers capable of

illumination of not less than 100 nor more than1, 000 candela

2) All cabooses shall be equipped with fire

extinguishers meeting the following requirements

a) Each caboose shall have at least oneportable fire extinguisher

b) Fire extinguishers may be of a foam, drychemical or carbon dioxide type

c) The fire extinguishers in each caboose

shall provide a minimum capacity of one and one - quarter gallons or five pounds More than one fire

extinguisher may be used to comply with theminimum capacity requirement under this paragraph

d) Fire extinguishers shall be placed in read-

ily accessible locationse) Fire extinguishers shall be maintained in

working order [ 1979c 791 § 5, 1981 c 138 § i] 761. 625 Exemption from ORS

761. 620. A railroad may apply for a temporaryexemption from the provisions of ORS 761 620The commission will consider the application of

the railroad for a temporary exemption whenaccompanied by a full statement of the conditionsexisting and the reasons for the exemption Anyexemption so granted will be limited to a statedperiod of time ( 1979 c 791 § 81

761. 630 Use of noncomplying cabooseprohibited; equipment failure; repair. A

caboose shall not be placed in service unless it isin compliance with all of the provisions of ORS

761605 to 761 640 and 761992 relating torequired equipment and standards of mainte-

nance In the event a failure of required equipment or standards of maintenance occurs after a

caboose has departed from a terminal and a

member of the train crew has boarded the

caboose, the railroad operating the caboose shallnot be deemed to be in violation of ORS 761 605

to 761 640 and 761 992 if such failure of equipment or standard of maintenance is corrected at

the first point at which maintenance supplies areavailable or, in the case of repairs, the first point

at which repair facilities are available and repairs

can reasonably be made or the defective equipment replaced [ 1979 c 791 § 61

761. 635 Register for reporting

failures of equipment or maintenance stan-

dards; rules for use. A register for the report-

ing of failures of required equipment or standardsof maintenance shall be maintained on allcabooses The register shall contain sufficient

space to record the dates and particulars of eachfailure The commission shall provide rules for

the use of this register, including a requirementthat the record of reported failures be maintainednot less than 80 days from the date of the most

recent failure [ 1979 c 791 § 71

761. 640 Administrative authority ofcommission; rules. The commission shall regulate and enforce all sections of ORS 761 605 to761 640 and 761992 and shall promulgate all

rules necessary for the enforcement of ORS761 605 to 761 640 and 761 992 [ 1979 c 791 § 91

PENALTIES

761.900 General civil penalties. ( 1) In

addition to all other penalties provided by lawa) Every person who violates or who pro-

cures, aids or abets in the violation of ORS761 110, 761315, 761 395 or 761 405 or any order, rule or decision of the commission shall incur a

penalty of not more than $ 1, 000 for every suchviolation

b) Every person who violates or who procures, aids or abets in the violation of any order, rule or decision of the commission promulgatedpursuant to ORS 761180 ( 1), 761200 ( 1) or761 380 ( 1) shall incur a penalty of not more than

1, 000 for every such violation2) Each such violation shall be a separate

offense and in case of a continuing violation every

day' s continuance is a separate violation Everyact of commission or omission which procures,

aids or abets in the violation is a violation under

this section and subject to the penalty provided inthis section

3) Such penalty shall not be imposed exceptby order following complaint as provided in ORS756 500 to 756 610 Such proceeding shall becommenced within two years following the dateof the violation complained of

4) The commission may reduce any penaltyprovided for in this section on such terms as the

commission considers proper if

1054

SUPERSEDED


a) The defendant admits the violations

alleged in the complaint and makes timelyrequest for reduction of the penalty, or

b) The defendant submits to the commis-

sion a written request for reduction of the penaltywithin 15 days from the date the penalty order isserved

5) If the amount of such penalty is not paidto the commission, the Attorney General, at therequest of the commission, shall bring an actionin the name of the State of Oregon in the CircuitCourt of Marion County to recover such penaltyThe action shall not be commenced until after thetime has expired for an appeal from the findings,

conclusions and order of the commission In allsuch actions the procedure and rules of evidence

shall be the same as an ordinary civil actionexcept as otherwise provided in this chapter [ 1979

c 279 § 2]

761. 906 Civil penalty for water quality or sanitation standard violations. ( 1) Every person who violates or procures, aids orabets in violation of any order, rule or decision ofthe commission under ORS 761 365 shall incur a

penalty of not more than $ 1, 000 for every suchviolation

2) Each such violation shall be a separate

offense and, in case of a continuing violation,

every day' s continuance is a separate violationEvery act of commission or omission which procures, aids or abets in the violation is a violation

under this section and subject to the penaltyprovided in this section


4) The commission may reduce any penaltyprovided for in this section on such terms as thecommission considers proper if





5) If the amount of such penalty is not paidto the commission, the Attorney General, at therequest of the commission, shall bring an actionin the name of the State of Oregon in the Circuit

Court of Marion County to recover such penaltyThe action shall not be commenced until after thetime has expired for an appeal from the findings,

conclusions and order of the commission In all

such actions the procedure and rules of evidence

shall be the same, as an ordinary civil actionexcept as otherwise provided in this chapter [ 1979

c 82 § 41

761. 990 Criminal penalties. ( 1) Vio-

lation of ORS 761 310 is punishable, upon con-

viction, by a fine of not less than $ 100 and notmore than $500 for each offense

2) Violation of ORS 761 320 is punishable, upon conviction, by a fine of not more than $100for each offense

3) Violation of ORS 761 330 ( 2) or 761 350 is

a misdemeanor

4) Violation of ORS 761 325 is a misdemeanor

5) Violation of ORS 761380 ( 1), 761 395 or

761 405 by a railroad is punishable by a fine of notmore than $500

6) Violation of ORS 761 380 ( 2) is punishable by a fine of not more than $500

7) As used in subsection ( 5) of this section,

railroad" means a railroad as defined by ORS760 005 and 760 010 [ Amended by 1965 c 253 § 150, 1971c 655 § 139, subsection ( 4) enacted as 1971 c 586 §3 1975 c 132

6, 1977 c 685 67]

761992 Penalty for violation ofcaboose requirements Violation of ORS

761612, 761620, 761 630 and 761 635 or any rulepromulgated pursuant thereto is punishable,

upon conviction, by a fine of not less than $ 100nor more than $500 [ 1979 c 791 § 19 1987 c 4 id g1]

Note 761 992 was enacted mia law by the Legislative

Assembly but was not added to or made a part of ORS chapter761 or any series therein b5 legislative action See Prcface toOregon Revised Statutes for further explanation

761. 994 Penalty for unlawful transportation or disposal of hazardous wastes.

1) A person is subject to the penalties under this

section if the person knowingly

a) Transports by railroad any hazardouswaste listed under ORS 466 005 or rules adopted

thereunder to a facility that does not have appropriate authority to receive the waste under ORS466 005 to 466 385 and 466 890

b) Disposes of any hazardous waste listedunder ORS 466 005 or rules adopted thereunderwithout appropriate authority under ORS466 005 to 466 385 and 466 890

c) Materially violates any terms of permit orauthority issued to the person under ORS466 005 to 466 385 and 466 890 in the transport-

ing or disposing of hazardous waste

1055

SUPERSEDED


d) Makes any false material statement orrepresentation in any application, label, man- ifest, record, report, permit or other documentfiled, maintained or used for purposes of com-

pliance with requirements under this chapter forthe safe transportation of hazardous wastes

e) Violates any rules adopted by the commission concerning the transportation of hazardouswastes

2) Violation of this section is subject to the

penalty of a fine of not more than $ 10,000 foreach day of violation, imprisonment of not morethan six months, or both 11981 c 680 § 71

1056

CHAPTER 762


SUPERSEDED

CHAPTER

RESERVED

FOR

EXPANSIONSUPERSEDED

Chapter 763


1987 repr)nt]

Railroad Crossings

GENERAL PROVISIONS

763 010 Definitions

763 013 Policy, authority vested in slate and commission

763 020 Authority toconstruct gradecrossmgs, protective devices

763 030 Elimination, relocation or alteration of

grade crossing, installation or alteration ofprotective devices

763 035 Authority to fix speeds and regulate sounding of tram warning devices at crossings

763 040 Construction and alteration of crossingsabove or below grade

763 055 Specifications for construction and maintenance of crossings; application of specifica-

tions, priorities. compliance

763 080 Procedure to obtain permission for crossings

763 090 Procedure to compel compliance withorders

763 100 Work and materials furnished by railroadcompany, supervision of work

763 110 Protective devices

763 120 Authority over duration that grade crossing may be blocked, penalty

763 130 When stop signs are to be installed by railroad, exemption

763 170 Dangerous grade crossings, notice, hear-

ing, order to install protective devices, apportioning of cost

763 1B0 Procedure for determining mode of trackcrossing of intersecting railroads

763 190 Installation of protective devices whererailroads intersect at grade

763 200 Forfeiture for noncompliance

763 210 Use of findings of commission regardinghazards at crossings

763 220 Protective devices at unauthorized rail-

road- highway crossing, apportionment torailroad, reimbursement, closure

PENALTIES

763 900 Civil penalties

Condemnation by railroads

Procedure, Ch 35

Public purposes 772 010 to 772 070

Fences and crossings on railroad rights of way, 603110 to608 400

Highways, limitations on interference with railroad facilities, 374 020

Mass transit systems, applicability of law, 267 230

Removal of structures from public property upon expiration ofgrant or franchise, 221 470

Unlawful interference with railroad sign, penalty, 810 240

1057

COST APPORTIONMENTS763 250 Division of costs between railroad and pub-

lic authority

763 260 Payment where public highway involved

763, 271 Apportionment of costs for installation ofprotective devices

763 273 Apportionment of costs for maintenance ofprotective devices

763 275 Apportionment of costs of crossing closure

763 280 Apportionments for crossings above or

below grade

763 290 Apportionment where federal funds available

763 300 Procedure where disagreement ae to apportionment exists

763 310 Reimbursement procedure for railroad andpublic authority

763 320 Expense contributed by public held in trustby railroad company

763 330 Grade Crossing Protection Account, use, limits

PENALTIES


Condemnation by railroads

Procedure, Ch 35

Public purposes 772 010 to 772 070

Fences and crossings on railroad rights of way, 603110 to608 400

Highways, limitations on interference with railroad facilities, 374 020

Mass transit systems, applicability of law, 267 230

Removal of structures from public property upon expiration ofgrant or franchise, 221 470

Unlawful interference with railroad sign, penalty, 810 240

1057

SUPERSEDED


1058

SUPERSEDED

RAILROAD CROSSINGS 763. 030

GENERAL PROVISIONS

763. 010 Definitions. As used in thischapter, unless the context requires otherwise

1) " Highway" includes all roads, streets, alleys, avenues, boulevards, parkways and other

places in this state actually open and in use, or tobe opened and used for travel by the public

2) " Installation costs," when used in thecontext of protective devices, includes costs of

acquiring, assembling and rendering operationalthe device and its attendant controls, circuitryand fail -safe mechanisms

3) " Maintenance costs," when used in thecontext of protective devices, includes preventivemaintenance, repair and replacement of the

device and Its attendant controls, circuitry andfad -safe mechanisms

4) " Protective device" means a sign, signal,

gate or other device to warn or protect the public,

installed at or in advance of a railroad - highwaycrossing

5) " Unauthorized railroad- highway crossing" means a crossing at grade which is actuallyopen and in use, or to be opened and used fortravel by the public, and which has not beenauthorized under ORS 763 020

6) Except in proceedings under ORS 763 220

1) and ( 2), " public authority in interest" meansthe state, county, municipal or other governmental body with jurisdiction over the highway crossing the railroad track In proceedings under ORS

763 220 ( I) and (2), " public authority In interest" means that county, municipal or other governmental body which has primary zoning authorityover the lands served by the crossing

7) " Railroad" has the meaning given thatterm in ORS 760. 005, and includes logging andother private railroads

8) " Railroad company" includes every corporation, company, association, joint stock association, partnership or person, and their lessees, trustees or receivers, appointed by any courtwhatsoever, owning, operating, controlling ormanaging any railroad [ Amended by 1971 c 655 9141,

1973 c 717 § 1, 1975 c 537 § 1, 1985 c 166 § 1, 1985 c 293 § 11

763. 013 Policy; authority vested instate and commission. It is the policy of thisstate to achieve uniform and coordinated regula-

tion of railroad - highway crossings and to eliminate crossings at grade wherever possible Tothese ends, authority to control and regulate theconstruction, alteration, and protection of rail-

road- highway crossings is vested exclusively in

the state, and in the Public Utility Commissionas provided in this chapter [ 1973 c 615 971

763 015 [ Repealed by 1969 c 352 ill

763.020 Authority to construct gradecrossings; protective devices. ( 1) Except for

the repair of lawfully existing roads and highwaysor the replacement of tracks, no highway shall beconstructed across the track of any railroad company at grade, nor shall the track of any railroadcompany be constructed across a highway atgrade, without having first secured the permission of the commission

2) Whenever any railroad company desiresto cross any established and existing highway atgrade or any public authority desires to lay outand extend any highway over and across anyestablished and existing railroad at grade, it shall

file with the commission its application settingforth the objections and difficulties of makingsuch crossing either above or below the grade ofthe existing highway or railroad

3) Upon receipt of the above application the

commission, after hearing, unless a hearing is notrequired under ORS 763 080, shall

a) Determine whether the public safety, public convenience and general welfare require a

grade separation, and

b) In the event a grade separation is notrequired, determine whether the applicationshould be refused or granted, and upon whatterms and conditions

4) If the grade crossing is approved, thecommission shall determine and prescribe themanner of its construction, maintenance and use,

the kind and location of protective devices to beinstalled, the allocation of costs and the place of

the crossing [ Amended by 1963 a 118 § 1, 1971 c 655 § 142, 1973 e 717 92, 1985 c 166 921

763. 030 Elimination, relocation or

alteration of grade crossing; installation oralteration of protective devices. ( 1) The

commission, upon application by a railroad, thepublic authority in interest, the Department ofTransportation, or upon the commission' s own

motion, subsequent to a hearing, unless a hearingis not required under ORS 763 080, and uponfinding that such action is required by the publicsafety, necessity, convenience and general welfare

may

a) Eliminate a grade crossing by relocationof the highway,

b) Alter or abolish any grade crossing orchange the location thereof, or require a separa-

tion of grades at any such crossing,

1069

SUPERSEDED


c) Alter or change any existing crossing atseparated grades, and

d) Require installation or alteration of pro-

tective devices

2) The commission shall prescribe the time

and manner of such alteration, change, installa-

tion or alteration, and the terms and conditions

thereof [ Amended by 1963 c 118 § 2, 7971 c 655 § 142, 1973c717 §31979c122 § 1]

763.035 Authority to fix speeds andregulate sounding of train warning devicesat crossings. ( 1) The power to fix and regulate

the speed of railway trains and to regulate thesounding of railway train warning devices atpublic railroad - highway crossings Is vestedexclusively in the state

2) Upon petition of any public authority ininterest or of any railroad or upon the commission' s own motion, the commission shall, after

due investigation and hearing, unless a hearing isnot required under ORS 763 080 enter an orderfixing and regulating the speed of railway trainsor regulating the sounding of railway train warning devices

3) The speed limits fixed by the commissionshall be maximum speed limits and shall becommensurate with the hazards presented andthe practical operation of the trains JFunnedy760 050, 1983 c 750 § 1]

763.040 Construction and alteration ofcrossings above or below grade. No highway shall be constructed across the track of anyrailroad company above or below grade, nor shallthe track of any railroad company be constructedacross a highway above or below grade, withouthaving first secured the permission of the corn - mission If permission is granted, the commission

shall, after a hearing, unless hearing is notrequired under ORS 763 080, prescribe the termsand conditions upon which such crossing shall bemade and shall allocate the cost of constructionand maintenance [ Amended b} 1971 c 655 § 144, 1973

c 717 § 41

763 050 [ Amended by 1963 c 118§ 3. 1971 c6,55 § 145, 1971 c 717 § 5 renumbered 763 2501

763.055 Specifications for construction and maintenance of crossings; applica-

tion of specifications; priorities;

compliance. ( 1) The commission shall adopt

regulations prescribing specifications for the construction and maintenance of railroad- highwaycrossings, both at grade level and at separated

grades The specifications shall be developed inconsultation with the Department of Transporta- tion and representatives of cities and counties,

and shall conform to nationally recognized and

commonly used standards to insure that thecrossings are constructed and maintained in a

manner that conforms to the public safety, necessity, convenience and general welfare, Includingbut not limited to the projected transportationneeds

2) Specifications for separate crossingsadopted under subsection ( 1) of this section donot apply to crossings in existence on the effective date of the regulation prescribing the specifications However, within a reasonable periodafter the effective date, crossings shall be alteredor reconstructed to comply with the regulationsin effect at the time of the alteration or recon-

struction

3) Priorities for such alterations or recon-

struction shall be established by the commission, based upon the expressed need of the public

authority in interest, and upon such other factorsas danger or inconvenience to motorists, age of

the structure, frequency of reported accidents anddegree of noncompliance with regulations

4) If the public authority in Interest or therailroad company fails to so alter or reconstruct acrossing, the commission, after notice and hearing, shall order the alteration or reconstructionand proceed in accordance with ORS 763 0901973 c 717 § 141

763 060 [ Amended by 1971 c 655 § 146 1973c717§ 6, renumbered 763 260]


763. 080 Procedure to obtain permis-

sion for crossings ( 1) Proceedings to carryout ORS 763 010, 763 020, 763 030, 763 040 to763 100, 763 170 to 763 190, 763 250, 763 260 and763 320, including the right to review any order ofthe commission, shall be substantially the sameas that prescribed In ORS chapter 756 If the finalorder of the commission, in a proceeding initiated

under ORS 763 030 or 76.1170 by a city or countyis appealed and the city or county prevails, it shallbe entitled to costs and reasonable attorney fees

2) The commission may adopt rules togovern the procedure, and to regulate the modeand manner of all Investigations and hearingsunder ORS 763 010, 763 020, 763 030, 763 040 to763 100, 763 170 to 763 190, 763 250, 763 260 and763 320 Upon good cause appearing therefor andwhen no Issue has been raised by the parties tothe proceeding, or when all issues raised havebeen resolved between the parties, the commis-

sion may, upon such conditions as the commission may prescribe, enter an order granting ordenying the authority or relief requested without

1060

SUPERSEDED


the hearing otherwise required under this chapter

3) The authority granted the commission bythis chapter is in addition to and not in lieu of theauthority of the Department of Transportationor of any city, county or other political subdivision of the state to use other remedies and procedures to provide public highways for thetraveling public [ Amended by 1963 c 118 § 5, 1971 c 6559147, 1973 c 717 § 71

763.090 Procedure to compel compliance with orders. ( 1) The railroad company, public authority or person to whom anorder of the commission is directed under thischapter, shall comply with such order within such

reasonable time as may be prescribed by thecommission In case of failure to comply, thecommission shall thereupon take proceedings to

compel obedience to such order

2) The circuit court has power in case of allsuch orders by the commission to compel obedience therewith by mandamus, brought in thename of the state, subject, however, to appeal tothe Court of Appeals in the same manner andwith like effect as provided in cases of appealfrom the order of the circuit court [ Amended by 1963c 118 § 6, 1971 c 655 § 148, 1985 c 166 § 3]

763. 100 Work and materials furnishedby railroad company; supervision of work.

All work and the material for work done underORS 763. 010, 763 020, 763 030, 763 040 to763 100, 763 170 to 763 190, 763 250, 763 260 and763 320 within the limits of railroad rights of wayshall, if the railroad company so desires, be furnished and done by the railroad company How- ever, the commission shall have supervision ofthe work and may decide the kind of material tobe used, provided, that with respect to statehighways, the work shall be done under the directsupervision of the Highway Division of theDepartment of Transportation ( Amended by 1953c 190 § 2, 1963c 118 § 7)

763. 110 Protective devices. The commission shall adopt rules prescribing specifications for the design and location of protectivedevices Specifications for the design and locationof protective devices to be installed on or adjacentto the highway in advance of a railroad- highwaygrade crossing shall conform to standards

adopted by the Department of TransportationSpecifications for all other protective devicesshall be adopted in consultation with the department [ 1973 c 615 § 8, 1985 c 166 § 41

763. 120 Authority over duration thatgrade crossing may be blocked; penalty. ( 1) The power to fix and regulate the length of time a

public railroad - highway grade crossing may beblocked by railroad equipment is vestedexclusively in the state

2) Upon petition of the public authority ininterest, or of any railroad or upon the commission' s own motion, the commission shall, after

due investigation and hearing, unless hearing isnot required under ORS 763 080, enter an orderfixing and regulating the length of time a publicrailroad- highway grade crossing may be blockedby railroad equipment

3) The time limits fixed by the commissionshall be maximum time limits and shall be commensurate with reasonable requirements of train

and vehicular traffic operations

4) Violation of a time limit fixed by thecommission under this section is punishable,

upon conviction, by a fine of not less than $ 100nor more than $3, 000 for each offense 11973 c 615

9, 1979 c 415 § 2]

763. 130 When stop signs are to beinstalled by railroad; exemption. ( 1) At

every farm or private grade crossing of a railroadwhere no automatic grade crossing protectivedevice is installed, the railroad shall cause to beinstalled and maintained, as a means of protect-

ing the crossing, one or more stop signs

2) The commission shall, after hearing, unless hearing is not required under ORS763 080, prescribe the number, type and locationof the stop signs and may exempt a farm orprivate crossing if the commission finds that theinstallation of such sign or signs at the crossingwould create a hazard or dangerous conditionthat would not otherwise exist [ 1973 c 615 § lo]

763 150 [ Repealed by 1963 c 118 § 101

763 160 [ Repealed by 1963 c 118 § 10]

763. 170 Dangerous grade crossings; notice; hearing; order to install protectivedevices; apportioning of cost. ( 1) The PublicUtility Commission on the motion of the commission may, or upon complaint by the commoncouncil or mayor of any city, or any county judgeor county commissioner or county roadmaster, or

by five or more residents and taxpayers in anycity, county or road district to the effect that apublic highway and a railroad cross one anotherin such city, county or road district at the samelevel, and that such grade crossing is unsafe anddangerous to travelers over such highway or railroad, shall give notice to the railroad company, ofthe filing of such complaint, and furnish a copy ofthe same to the railroad company, and order ahearing thereon in the manner provided for hearings in ORS 756 500 to 756 610

1061

SUPERSEDED


2) If upon such hearing it appears to thesatisfaction of the commission that the crossingcomplained of is unsafe and dangerous to human

life, the commission may order the crossingclosed or order and direct the railroad or public

authority to install and maintain proper protective devices, and establish a date by which suchdevices are to be installed and placed into opera-

tion The commission shall apportion theinstallation and maintenance costs thereof inaccordance with ORS 763 271 to 763 275, ,and

shall suspend the effective date of the order untilthe public authority in interest has consented tothe apportionment and has agreed to complytherewith [ Amended b} 1961 c 88 § l, 1971 c 655 § 149,

1913 c 717 § 8, 1975 c 537 § 2. 1985 c 166 § 51

763. 180 Procedure for determiningmode of track crossing of intersecting railroads. ( 1) Whenever it becomes necessary forthe track of one railroad to cross the track ofanother railroad, the commission shall ascertain

and define upon complaint or the own motion ofthe commission and on notice, in the manner

provided in ORS 756 500 to 756 610, the mode ofsuch crossing which occasions the least probableinjury upon the safety, welfare and interests ofthe public and the rights of the company owningthe road which is intended to be crossed

2) The commission shall also determine the

compensation to be paid by the railroad so seeking to cross the other,. if the railroads are unableto agree thereon, and the points and manner ofsuch connection

3) If it appears to the commission that it isreasonable and practicable to avoid a grade cross-

ing, the commission shall by order' prevent thesame, and shall prescribe the manner of such

crossing

4) If any railroad seeks to cross at grade withits tracks the tracks of another railroad, the

railroad seeking to cross at grade shall be com- pelled to pay all damages caused by such crossing, and to interlock or protect such crossing by safetydevices to be designated by the commission, andto pay all costs of appliances, together with theexpenses of putting them in and maintainingthem This requirement does not apply to crossings of sidetracks [ Amended by 1963 c 118 § 8, 1971 c 655

149a]

763. 190 Installation of protectivedevices where railroads intersect at grade.

1) In any case % here the tracks of two or morerailroads cross each other at a common grade in

this state, the railroads, when ordered by thecommission upon the complaint or motion of the

commission, upon notice, in the manner provided

in ORS 756 500 to 756 610, shall protect such

crossings by interlocking or other safety devices, under regulations to be designated by the commission, to prevent trains colliding at such crossings

2) The commission in making such ordershall designate the manner of such interlockingprotection, and shall apportion the cost of install-

ing and maintaining the same between the severalrailroads, if such railroads are unable to agree

upon the same between themselves [ Amended by1963 c 118 § 9, 1971 c 655 § 1496]

763.200 Forfeiture for noncompliance.

Any company, corporation, person or receiveroperating any railroad who neglects to complywith any order made by the commission pursuantto ORS 763 180 or 763. 190 shall forfeit and pay tothe state a penalty of $500 per week for each weekof such neglect ( Amended b1 1971 c 655 § 150, 1973 c 717

17 1975 c 318 § 4 1975c537§ 31

763. 210 Use of findings of commissionregarding hazards at crossings. The determinations of the commission under this chapter

as to hazards at crossings shall not be admissiblein any civil action for damages 11971 e 655 § 1511

763.220 Protective devices at unau-

thorized railroad - highway crossing; apportionment to railroad; reimbursement;

closure. ( 1) Except as provided in subsection

2) of this section, the commission may, underORS 756 515, order a railroad to install andmaintain protective devices at an unauthorizedrailroad - highway crossing and order the publicauthority In interest to install and maintain stopsigns at and other protective devices in advanceof an unauthorized railroad - highway crossing

2) The commission may not authorize therailroad to install at an unauthorized railroad -

highway crossing devices which are activatedimmediately in advance of, and during, each trainmovement over the crossing

3) Except as provided in subsection ( 4) of

this section, in any proceeding under subsections1) and ( 2) of this section, or unless the parties

agree otherwise, installation and maintenance

costs of protective devices shall be apportioned tothe railroad

4) The railroad may seek reimbursement orindemnity from third parties

5) The commission may, under ORS756 515, order closure of an unauthorized rail-

road- highway crossing [ 1985 c 203 §§ 3, 41

COST APPORTIONMENTS

763. 250 Division of costs between railroad and public authority. The following

1062

SUPERSEDED


costs shall be divided between the railroad andthe public authority in interest in such proportion as the commission finds ,lust and equitableunder the circumstances in each case

1) That portion of the cost of any alterationor change resulting in the elimination of a grade

crossing under ORS 763030 ( 1) by reason ofrelocation of the highway which is directlychargeable to the grade elimination

2) The costs of construction, change, alteration, abolition and relocation of any grade crossing involved in a proceeding arising under ORS763 020, 763 030, or 763 170

ately in advance of, and during, each train movement over the crossing

A) Seventy -five percent to the Grade Cross- ing Protection Account,

B) Five percent to the public authority ininterest, and

C) Twenty percent to the railroad companyb) For devices which are primarily designed

for the purpose of illuminating the crossing or itsapproaches during hours of darkness

A) Not less than 90 percent to the GradeCrossing Protection Account,

3) The costs of maintenance of crossings ( B) Not more than five percent to the publicabove or below grade under ORS 763 030 and authority in interest, and763 040

4) Any cost otherwise apportionable underthe terms of ORS 763 271 to 763 275 or 763 280

1) to the extent that funds are not available from

the Grade Crossing Protection Account [ Formerly763 050, 1975 c 537 § 4, 1985 c 166 § 101

763. 260 Payment where public highway involved. ( 1) As to all crossings above orbelow grade constructed on state highways, theproportion of expense to be borne by publicauthority in interest shall be paid from the statehighway funds

2) Any public authority in interest actingthrough its governing body may, at its option, byagreement with the Department of Transporta-

tion, bear a share of the expense of constructingany railroad crossing above or below grade on astate highway

3) If federal funds allocated specifically forremoval of hazards at hazardous railroad -high-

way crossings are available for any part of thework to be performed, the commission shall cause

such funds to be used for such purposes [ Formerly7630601

763 270 [ 1973 c 717 § 10, 1975 c 537 § 5 repealed by1985 c 166 § 6 ( 763 271 763 273 and 763 275 enacted it lieu of76,1270)]

763. 271 Apportionment of costs forinstallation of protective devices. In anygrade crossing proceeding arising under ORS763 020, 763 030 or 763 170, unless the partiesagree otherwise, installation costs of protective

devices shall be apportioned as follows

1) At an existing crossing, a crossing relocated pursuant to ORS 763 030 or 763 170, or acrossing previously closed by order of the commission and reopened in a proceeding under ORS763 020

a) For devices to be installed at or in advanceof the crossing and which are activated immedi-

C) Not more than five percent to the railroad company for such devices to be installed atthe crossing

c) For all other protective devices

A) Seventy -five percent to the Grade Cross- ing Protection Account, and

B) Twenty -five percent to the public authority in interest for such devices to be installed by itat or in advance of the crossing, or

C) Twenty -five percent to the railroad company for such devices to be installed by it at thecrossing

2) At a new crossing requested by a publicauthority, 100 percent of the installation costsshall be paid by the public authority in interest

3) At a new crossing requested by a railroadcompany, 100 percent of the installation costsshall be paid by the railroad company [ 1985 c 166§ 7enacted in lieu of 763 270)]

763.273 Apportionment of costs formaintenance of protective devices. Unless

the parties agree otherwise, maintenance cost ofprotective devices at grade crossings installedpursuant to ORS 763 020, 763 030 or 763 170shall be apportioned as follows

1) One hundred percent to the railroad company for devices at the crossing actually installedand maintained by the railroad

2) One hundred percent to the publicauthority in interest for devices at or in advanceof the crossing actually installed and maintainedby the authority, except as provided under subsection ( 3) of this section

3) Fifty percent to the railroad company, and 50 percent to the public authority in interest, for devices at the crossing installed and maintained by the public authority which are primarily designed for the purpose of illuminating

1063

SUPERSEDED

763 275 UTILITIES• RAILROADS AND OTHER CARRIERS

the crossing during hours of darkness and whichare not activated immediately in advance of, or

during, each train movement 119w c 166 § 8 ( enactedm heu of 763 2 70)]

763, 275 Apportionment of costs ofcrossing closure. If in any grade crossing proceeding arising under ORS 763 020, 763 030 or763 170, the commission requires the closure of

any existing crossing within the jurisdiction ofthe public authority in interest, the commissionmay apportion to the railroad company, for suchcrossing closed, an amount not to exceed fivepercent of the cost of installation of protective

devices at any new or other existing crossingwithin the jurisdiction of the public authority in

interest Any additional costs paid by the railroadcompany shall reduce the share otherwise apportionable to the public authority in interest [ 1985c 166 §9 ( enacted m lieu of 763 270)]

763. 280 Apportionments for crossingsabove or below grade. In any proceedinginvolving a crossing above or below grade arisingunder ORS 763 030 or 763 040, unless the parties

agree otherwise, the cost of construction, reconstruction, or alteration of such crossings shall beapportioned as follows

1) At existing crossings above or belowgrade 10 percent of the cost of reconstruction or

alteration to the public authority in interest and

all remaining costs of reconstruction or alteration

to the Grade Crossing Protection Account andthe railroad in interest as is lust and equitable

under the circumstances in each case

2) At a new crossing requested by a publicauthority All construction costs to the publicauthority in interest

3) At a new crossing requested by a railroadcompany All construction costs to the railroadcompany [ 1973 c 717 § 11 197,5 c 537 § 61

763. 290 Apportionment where federalfunds available. In the event any protectivedevice is to be installed or altered at an existing or

relocated crossing or any reconstruction or altera-

tion is made at an existing separation structure,

with the aid of any federal funds administered bythe Federal Highway Administration of theUnited States Department of Transportation, thecommission shall, unless the parties agree other-

wise

1) Apportion the amount of such federalfunds to payment of installation, reconstruction,

or alteration costs, and

2) Apportion the remaining costs of installation, reconstruction, alteration, and maintenance

as provided by ORS 763 250, 763 271 to 763 275

and 763 280, however, in a case where the federalfund assistance equals or exceeds 85 percent of

the cost of installing, altering and reconstructing

protective devices at an existing or relocatedcrossing, the remaining costs, except for maintenance costs, may be allocated entirely to theGrade Crossing Protection Account 11973 c 717 $ 121975 c 537 § 7, 1977 c J36 § 1, 1983 c 23 61, 1985 c 166 611]

763. 300 Procedure where disagreement as to apportionment exists. ( 1) In any

proceeding under ORS 763 030 or 763 170, wherethe application to the commission states that the

parties are not in agreement as to apportionment

of costs, but the applicant is willing to advancethe amount of money reasonably necessary toenable the respondent to complete the work

which must be done by it or the amount reasonably necessary is available and can be advancedfrom the Grade Crossing Protection Account, thecommission shall set the application for hearingas soon as the calendar of the commission per-

mits on the questions of

a) The necessity for the project,

b) The approval of the location and the

engineering plans, including provisions for handling traffic during construction and the work tobe performed by each party, and

c) The sum to be advanced by the applicantor the account for the work to be done by therespondent

2) The commission shall render as promptlyas possible an interim order, effective within 20

days on such questions, reserving for later hearing and decision the question of the apportionment of costs The interim order shall also directthe respondent to proceed upon receipt of thesum to be advanced by the applicant or theaccount without delay to perform the work to bedone by respondent, integrating the work withthat of the applicant or its contractor in such

manner that neither Will unreasonably obstruct

or delay the work of the other, to the end that thepeople of the state may have the use of the projectat the earliest possible date

3) In the final order apportioning costs, thesum advanced by the applicant or the accountshall be credited against its share of the costs Inthe final order there shall also be credited againstapplicant' s share of the costs any increase in thecosts found by the commission to be directlyattributable to respondent' s wilful failure orrefusal, after the effective date of the interim

order, to proceed with its own work or to inte-

grate the work with that of applicant or its

contractor [ 1973c717§ 131

1064

SUPERSEDED

RAILROAD CROSSINGS 763 900

763. 310 Reimbursement procedure forrailroad and public authority. ( 1) Uponissu- ance of an order apportioning costs to the GradeCrossing Protection Account, the railroad company or the public authority in Interest maysubmit to the commission progress claims, not to

exceed 80 percent of the apportionment, for reimbursement for the cost of labor, and other servicesprovided to date of billing, and for the costs ofmaterials stockpiled at the project site or specifi-

cally purchased and delivered for use on theproject Upon completion of the construction,

reconstruction or alteration of a crossing, or ofthe Installation or alteration of grade crossingwarning or safety devices at a crossing, the railroad company or the public authority in Interestshall present to the commission for approval itsclaim for reimbursement for the costs thereof in

the amount apportioned to the Grade CrossingProtection Account less progress payments previously made The commission shall, if the com-

mission approves the claim, certify to theDepartment of Transportation that such cost ispayable from the account and, when a claim is soapproved and certified by the commission, theDepartment of Transportation shall, as fundsbecome available, order it paid from the account

2) The commission may make such audit asthe commission considers necessary before orafter each such disbursement for the purpose ofdetermining that the money is expended for thepurposes and under the conditions authorized byORS 763 271 to 763 275 and 763 280 By presentation of its claim, the railroad company and thepublic authority consent to make pertinentrecords showing costs of labor and materialsavailable to the commission [ 1973 c 717 916, 1977

c 512 $ 2, 1985 c W6 § 121

763. 320 Expense contributed by publicheld in trust by railroad company, Anyportion of the cost or expense that is contributed

or borne by any public authority under ORS763 OLO, 763 020, 763 030, 763 040 to 763 100 and763 170 shall forever be considered as held intrust by the railroad company receiving the sameor the benefits thereof, and no part thereof shall

be considered a part of the value of the propertyof the railroad company upon which it is entitledto receive a return [ Formerly 763 970]

763. 330 Grade Crossing ProtectionAccount; use; limits, ( 1) There is establishedin the State Highway Fund an account to beknown as the Grade Crossing ProtectionAccount There shall be credited to the accounteach fiscal year, from funds received by the StateHighway Fund from the registration of vehiclesand licensing of drivers under the Oregon Vehicle

Code, the sum of $600,000 State - shared highwayfund revenues for cities and counties, as well asHighway Division expenditures for the elimination of hazardous railroad - highway crossings, shall be computed and allocated prior to anyappropriation or transfer to the account Moneycredited to the account is continuously appropriated and shall be expended for railroad - highwaycrossing safety as authorized by ORS 763 271 to763 275, 763 280 and subsection ( 2) of this section No more than $ 100,000 in the aggregate

shall be allocated from the account in any onefiscal year for costs of construction, reconstruction, alteration or relocation of separated crossings, provided however the unapportmned

amount in the Grade Crossing ProtectionAccount at the end of each fiscal year may beallocated for costs of reconstruction, alteration orrelocation of separated crossings

2) Moneys credited to the account may alsobe allocated for such highway purposes as thecommission deems appropriate in order to

enhance safety at railroad - highway crossings1973 c 717 § 15, 1975 c 318 §5, 1975 c 537 § 8. 1983 c 338 § 970,

1985 c 166 § 191

PENALTIES

763. 900 Civil penalties. ( 1) In addition

to all other penalties provided by law, everyperson who violates or who procures, aids or abets

in the violation of any order, rule or decision ofthe commission promulgated pursuant to ORS

763 035 shall incur a penalty of not more than1, 000 for every such violation

2) Each such violation shall be a separa,„

offense and in case of a continuing violation everyday' s continuance is a separate violation Everyact of commission or omission which procures,


this section and subject to the penalty provided Inthis section







1065

SUPERSEDED

763 900 UTILITIES RAILROADS AND OTHER CARRIERS

5) If the amount of such penalty is not paid

to the commission, the Attorney General, at therequest of the commission, shall bring an actionin the name of the State of Oregon in the CircuitCourt of Marion County to recover such penaltyThe action shall not be commenced until after thetime has expired for an appeal from the findings,

conclusions and order of the commission In allsuch actions the procedure and rules of evidence

shall be the same as an ordinary civil actionexcept as otherwise provided in this chapter 11979

c 279 341

1066

SUPERSEDED

Chapter 764


1987 reprint)

Railroad Employes

EMPLOYMENT SAFETY REGULATIONS764 110 Required crews on trains, exception

764 130 Qualification of flagman

764 140 Guarding frogs, switches and guardrails

764 150 Shelter of car repairers

764 160 Conductors and engineers have power ofsheriff

764 170 Railroads to provide first aid training foremployes

764 180 Railroads to bear costs of providing firstaid training

764 190 Immuml) from liability of persons providing first aid treatment

PROCEDURE FOR CONTESTED DISCHARGE OFBONDED EMPLOYES

764 320 Railroad to furnish bonded employe withstatement of discharge

1067

764 330 Complaint on failure to comply with ORS764 320, procedure for hearing and investigation, findings

764 340 Quasi- judicial powers of commission

764 350 Compliance with subpena required

764 360 Proceedings in case of disobedience of sub -

peaa or refusal to testify

PENALTIES


764 990 Penalties

CROSS REFERENCES

Employes on track motor cars, protection, 761 920

764 330

Judicial review of orders of commission, 756 580 to 756 610

SUPERSEDED


1068

SUPERSEDED

RAILROAD EMPLOYES 764. 190

764 010 [ Repealed b} 1971 c 655 §2501

764 020 [ Repealed by 1971 c 655 $ 250

764 030 [ Repealed by 1971 e 655 § 2501

764 040 [ Repealed by 1971 c 655 § 2501

764 050 [ Repealed by 1971 c 655 § 2501

EMPLOYMENT SAFETYREGULATIONS

764. 110 Required crews on trains; exception. No person or officer of court operating any railroad or railway in this state engaged asa common carrier in the transportation of freight

or passengers shall operate over its road, or anypart thereof, in excess of 15 continuous miles, or

suffer or permit to be run over the same, outsideof yard switching limits, any passenger, mad orexpress train propelled by any form of motivepower and consisting of four or more cars withless than a full passenger crew consisting of oneengineer, one fireman, one conductor, one bra- keman and one flagman None of said crew shallbe required or permitted to perform the duties oftrain baggageman or express messenger while on

such road This section shall not apply to operations in which lesser crew requirements are established by agreement between the common carrierand the organizations representing railroademployes [ Amended by 1963 c 172 § I 1981 c 133 § 1]

764 l20 [ Amended by 1969 c 172 § 2, repealed by 1965L 462 § 11

764. 130 Qualification of flagman. Theflagman in the crews required under ORS 764 110shall have had at least six months' experience in

train Service [ Amended by 1971 e 655 § 1521

764. 140 Guarding frogs, switches andguardrails. (1) Every person owning or operating a railroad in this state, shall so adjust, fill,

block and securely guard the frogs, switches andguardrails of their roads as to protect and prevent

the feet of employes and other persons from beingcaught therein

2) Any person owning or operating a railroadin this state shall be liable for any damage causedfrom a failure to comply with this section

764. 150 Shelter of car repairers. ( 1) No

person owning, controlling or operating any lineof railroad in this state shall build, construct,

reconstruct or repair railroad car equipment or

motive power in the state without first erectingand maintaining at every division terminal, orother point where five employes or more areregularly employed on such work, a shed over a

sufficient portion of the tracks used for such

work, so as to provide that all men regularly

employed in such work are sheltered and pro-

tected from rain and other inclement weather

2) This section does not apply at pointswhere less than five men are regularly employedin such work, nor at points where it is necessaryto make light repairs only, on equipment ormotive power, nor to equipment loaded with timeor perishable freight, nor to equipment when

trains are being held for the movement of equipment As used in this subsection, " light repairs"

does not include repairs usually made in round- house, shop or shed upon well - equipped railroads

764. 160 Conductors and engineershave power of sheriff. Every conductor andengineer of any railroad train, while actuallyengaged as conductor or engineer of any suchtram, shall have the power of sheriff in each

county through or into which the train uponwhich the conductor or engineer is employed

passes, for the purpose of protecting the publicpeace and arresting violators thereof on or nearsuch train, and may command the assistance ofany person present in performing such duties

764. 170 Railroads to provide first aid

training for employes. Every railroad operating in this state shall provide to any employe whois an engineer, conductor or yard foreman a first

aid training course that conforms to standards atleast equivalent to the American Red Cross eight - hour first aid training course and cardiopulmon- ary resuscitation course [ 1977c535 42]

764. 180 Railroads to bear costs of

providing first aid training. Railroads shallbear all costs incurred for the first aid trainingcourse described in ORS 764 170 and shall paywages to employes who are attending the course1977, 535 § 5]

764. 190 Immunity from liability ofpersons providing first aid treatment. Noperson may recover in an action against a railroad

or employe who has received the first aid trainingdescribed in ORS 764170 for any damagesdirectly or indirectly resulting from first aidtreatment rendered by such employe unless thecomplaining party establishes that the treatmentviolates the standards of reasonable care under

the circumstances including the existence ofemergency conditions in which the treatment wasrendered [ 1977c53,5441

1069

764 210 [ Repealed by 1971 c 655 42501764 220 [ Repealed by 1971 e 655 § 250)

764 230 [ Repealed by 1971 c 8.5.9 § 2501

PROCEDURE FOR CONTESTEDDISCHARGE OF BONDED EMPLOYES

764 310 ] Repealed by 1071 c 655 § 2501

SUPERSEDED


764. 320 Railroad to furnish bondedemploye with statement of discharge. ( 1) Incase of any dispute or disagreement between anybonded employe of any railroad resulting in thedischarge or termination of the services of thebonded employe, the railroad shall furnish to thebonded employe so discharged, upon request, a

copy of the charges filed against the employe, as aresult of which the services of the employe werediscontinued

2) If no written charges have been filedagainst the employe, as a result of which theservices of the employe were terminated, the

railroad shall furnish the employe so dischargedwith a written statement of the reasons for thedischarge of the employe within five days fromthe date of the termination of the services of theemploye

764.330 Complaint on failure to comply

with ORS 764. 320; procedure for hearingand investigation; findings. ( 1) In case offailure by the railroad to comply with ORS764 320, the employe may complain thereof to thecommission for the purpose of determining thereasons for discharge

2) In case the bonded employe is chargedwith any offense involving moral turpitude, uponcomplaint being made by the employe alleging thecause of discharge to be untrue, the commission

shall notify the railroad concerned that complaint has been made

3) Ten days after such complaint has beenmade, the commission shall proceed to investi-

gate it However, before proceeding to make theinvestigation, the commission shall give the railroad and the complainant 10 days' notice of thetime and place when and where such complaint

will be considered and determined

4) At the hearing, the parties are entitled tobe heard, to have process to enforce attendance ofwitnesses and to compel the railroad to presentbefore the commission all the documentary evidence in the possession of the railroad bearingupon the complaint filed against it

5) If upon such investigation and hearing itappears to the commission that the charge

against the employe was untrue, the commission

shall make a finding of fact to that effect recom- mending the reinstatement of the employe andfurnish a copy thereof to the complainant

764.340 Quasi- judicial powers of commission. For the purpose of ORS 764 330, the

commission may.

1) Administer oaths

2) Certify to official acts3) Issue subpenas to compel the attendance

of witnesses

4) Provide for the production of papers, contracts, books, accounts, documents and testi-

mony

5) Provide for the disobedience on the partof any person to comply with the orders of thecommission in respect thereto, or any refusal of

any witness to testify to any matter regardingwhich the witness may be lawfully interrogated

6) Provide for the fees and mileage of wit-

nesses

7) Punish witnesses for the disobedience of

any subpena issued by the commission8) Generally provide for the taking of testi-

mony and for the recording of the proceedingsheld before the commission in accordance withORS 764 330

764.350 Compliance with subpenarequired. No person shall neglect or refuse toattend before the commission in accordance with

ORS 764 330 and 764 340, and testify or answer

any legal inquiry, or to produce books, papers, contracts, accounts or documents within thepower of the person to do so, in obedience to thesubpena or lawful requirements of the commission under ORS 764 340

764. 360 Proceedings in case of disobedience of subpena or refusal to testify. Thecircuit court of any county of the state, or thejudge thereof, on application of the commission, shall compel the attendance of witnesses beforethe commission in hearings under ORS 764 330by attachment proceedings, or contempt, as inthe case of the disobedience of the requirementsof a subpena issued from said court, or a refusal totestify therein

PENALTIES

764. 900 Civil penalties. ( 1) In addition

to all other penalties provided by law, everyperson who violates or who procures, aids or abets

in the violation of ORS 764 140 ( 1) or 764 150 ( 1) or any order, rule or decision of the commissionshall incur a penalty of not more than $ 1, 000 forevery such violation

2) Each such violation shall be a separateoffense and in case ofa continuing violation every


aids or abets in the violation is a violation underthis section and subject to the penalty provided inthis section

1070

SUPERSEDED

RAILROAD EMPLOYES 764.990

3) Such penalty shall not be Imposed exceptby order following complaint as provided in ORS756 500 to 756 610 Such proceeding shall becommenced within two years following the dateof the violation complained of






5) If the amount of such penalty is not paidto the commission, the Attorney General, at therequest of the commission, shall bring an actionin the name of the State of Oregon in the CircuitCourt of Marion County to recover such penaltyThe action shall not be commenced until after thetime has expired for an appeal from the findings, conclusions and order of the commission In all

such actions the procedure and rules of evidence

1071

shall be the same as an ordinary civil actionexcept as otherwise provided in this chapter [ i979C 279 § 6]

764.990 Penalties. ( 1) Violation of ORS764 110 or 764 130 ( 1) is punishable, upon conviction, by a fine of not less than $20 nor more than

100 for each offense

2) Violation of ORS 764140 is punishable, upon conviction, by a fine of not less than $500nor more than $2, 000

3) Violation of ORS 764 150 by any railroadcompany or officer or agent thereof, or any otherperson is punishable, upon conviction, by a fineof not less than $ 50 nor Chore than $ 100 Eachday' s violation is a separate offense

4) Violation of ORS 764 350 is punishable, upon conviction, by a fine of not less than $ 100nor more than $1, 000, or by imprisonment in thecounty )ail for not more than one year, or bothAmended by 1971 c 655 § 153j

CHAPTERS 765 AND 766


SUPERSEDED


1072

SUPERSEDED

CHAPTER

RESERVED

FOR

EXPANSIONSUPERSEDED

Chapter 767


Motor Carriers

Certificates, Permits and Licenses)

767 105 Certificate or permit required for commercial transportation of persons or propertyon public highways

767 107 Certain private carrier operations exemptfrom obtaining permit, application for temporary authority to operate required

767 110 When authority required for towing operations

767 120 Necessity for broker' s license, issuance, regulations to be observed by licensee

767125 Applications for authority767130 Denial of permit, transfer or extension,

hearing, restriction

767 135 Issuance of carrier certificates, hearings, findings, transfer procedure

767 145 When hearing and order not required

767 149 Authority for transporting metallic ores, sand, gravel, rock and other materials

767 150 Issuance of permits to private carriers

767 155 Issuance of certificates to interstate carriers

767 167 Temporary authority to provide transportservices, request, protest, duration,

renewal; procedure to obtain permanent

authority

767170 Emergency authority for transportationwithout hearing

767 180 Carrier to operate only in class for whichauthority issued, effect of violation, records

767 186 Legal status of certificates and license&

767 190 Cancellation or suspension of authority767, 195 Liability insurance of carriers

767 200 Collect on delivery service authorized forintrastate carriers, cargo insurance, bond

767 205 Rules for compliance with ORS 767 195and 767 200, notice prior to cancellation of

insurance or bond, suspension of authoritywhen insurance or bond inoperative

767 210 Deposit of securities in lieu of insurance orbond

767 215 Self - insurance in lieu of insurance or bond

Taxes and Fees)

767 305 Application fee, transfer fee, refunds

Regulation and Enforcement)

767 405 Commission' s authority over common car-

ECONOMIC REGULATION

767 407

Generally)

767 005 Definitions

767 020 Policy

767 022 Nonapphcabdity of chapter to certain vehicles used in nonprofit transportation of pas-

767 416

sengers

767 025 Nonapplicability of chapter to certain per-

767 416

sons and vehicles

767 030 Requirements for farm vehicles

767 032 Applicability of chapter to certain otherwise exempt vehicles when transportinghazardous wastes

767 040 Compliance with chapter required

767 045 Application of chapter to interstate and foreign commerce

767 062 Appointment of agents to issue passes, col-

767 425

lect fees and taxes

767 065 Courts to forward copies of record on con-

767 430

viction for violation of chapter


767 105 Certificate or permit required for commercial transportation of persons or property

on public highways

767 107 Certain private carrier operations exemptfrom obtaining permit, application for tem-

porary authority to operate required

767 110 When authority required for towing operations

767 120 Necessity for broker' s license, issuance, regulations to be observed by licensee

767125 Applications for authority767130 Denial of permit, transfer or extension,

hearing, restriction

767 135 Issuance of carrier certificates, hearings, findings, transfer procedure

767 145 When hearing and order not required

767 149 Authority for transporting metallic ores, sand, gravel, rock and other materials

767 150 Issuance of permits to private carriers

767 155 Issuance of certificates to interstate carriers

767 167 Temporary authority to provide transportservices, request, protest, duration,

renewal; procedure to obtain permanent

authority

767170 Emergency authority for transportationwithout hearing

767 180 Carrier to operate only in class for whichauthority issued, effect of violation, records

767 186 Legal status of certificates and license&

767 190 Cancellation or suspension of authority767, 195 Liability insurance of carriers

767 200 Collect on delivery service authorized forintrastate carriers, cargo insurance, bond

767 205 Rules for compliance with ORS 767 195and 767 200, notice prior to cancellation of

insurance or bond, suspension of authoritywhen insurance or bond inoperative

767 210 Deposit of securities in lieu of insurance orbond

767 215 Self - insurance in lieu of insurance or bond

Taxes and Fees)

767 305 Application fee, transfer fee, refunds


767 405 Commission' s authority over common car-

1073

riers

767 407 Temporary rate procedures

767 409 Publication of notice of proposed rate estab- 119bment or modification

767 410 Regulation of common carriers and contract carriers

767 416 Classes of common carriers, rights andduties of each class

767 416 Distinctions between regular and irregularroute carriers of property

767 417 Applicability of ORS 767 405 to 767 415 tolocal cartage activities, application forauthority

767 420 Regulation of contract carriers

767 422 Authority of provider of irregular routeservice to provide charter service and special operations

767 425 Exemption of certain operations from regulatory proviatuns

767 430 Regulation of interstate carriers

767 440 Classification and regulation of brokers

767 445 General authority to prescribe and enforcerules and classification&

76745Q Regulation of motor vehicles

767 455 Safety regulations relating to drivers oroperators, uniformity with federal regulations

767 456 Limitation on movement of vehicles to particular days of week

767 457 Standards for safe transportation of hazardous wastes and substances

767 458 Impoundment of vehicles unlawfully transporting hazardous wastes or substances

767 460 Regulation of shipping receipts, changes ofvehicles and routes, records and mileage

767 470 Civil penally for violation of economic regulation provisions or order of commission

767475 Utilization of state police to enforcing chapter

1073

SUPERSEDED

UTILITIES' RAILROADS AND OTHER CARRIERS

767 495 Serx tee of process on nonresident carrier

by serving the commission

767 500 Vehicle owner to be made party to certificate or permit enforcement proceedings,

dismissal of charges against driver

767 505 Rating bureaus

Records. Reports and Funds)

767 605 Carrier' s annual report to commission,

exemptions

767 615 Copies of contracts to be filed by carriers

767 625 Inspection of broker' s records

767 630 Motor Carrier Account

767 635 Monthly transfer of Motor Carrier Accountsurplus to State Highway Fund

767 640 Restrictions on use of funds

767 644 Disclosure of hazardous waste transportation reports and information to Environ- mental Protection Agency

Miscellaneous)

767 660 Voluntary ridesharing arrangement not tobe taxed or licensed by local government

WEIGHT -MILE TAX

Certificates, Licenses and Permits)

767 775 Issuance and placement of identificationplates and receipts, contents of receipt

767 780 Substitute identification dexices, applications, fees

767 786 Suspension or cancellation of authority, notice, hearings

767 795 Limitations on cancellation of bond, suspension of authority

767 797 Reinstatement fees

767 865 Warrant procedure for collecting tax, fee, penalty or assessment

767 870 Deposit or bond to secure payment of fees, taxes, charges and penalties

767 875 Use of collection agency to obtain moneysdue

767 880 Writing off uncollected moneys due


767 895 Regulation of mileage records, distinguishing marks

Records and Reports)

767 905 Daily records and monthly reports by carriers

PENALTIES

767 990 Penalties

767 993 Penalty for violation of hazardous wasteregulations

CROSS REFERENCES

Cigarettes, report of sales and payment of tax by passengercarrier 323 040, 323 355

Commercud * ehicles reciprocal arrangements for registration, 802, 500


Dog guides for blind admission to public places 346 620Diner licenses and permits. Ch 807

Limits on sizes and weights of x ehicles and loads Ch 818

Procedure to prove financial responsibility and msumnce bysingle filing, 801 035

Public transportation facilities under sen ice district contractexempt from Ch 767, 451 568

Public Utility Commission, Ch 756Registration of * ehicles Ch 803

Rules of the road, Ch 811

Submitting hay, grain or potatoes to inspection 632 98 Taxicabs local regulations 22148- 5

Transportation of

Cigarettes without bill of lading or invoice prohibited, 323 225

Explosives in passenger * ehicles prohibited 480050480 060

Fish, special requirements, 509 110

Hay without bill of sale, prohibited 164 815767 005 to 767 640

Farm vehicle regulation under motor vehicle code, 805 300 to805 390

767 025

School vehicles 820 100 to 820 190

767 030

Special registration fees for farm vehicles, 803 420

1074

Taxes and Fees)

767 805 Plate fees, temporary pass fees, when plateor marker not to be displayed, summaryrecall of plate or marker

767 810 Determination of filing of reports or payments

767 815 Motor carrier tax for use of highways

767 820 Carrier tae tables

767 825 Substitute taxes for certain vehicles

767 830 Effect of carrier lax law on other taxes, offset of fees or taxes erroneously paid

767 835 Fees required of interstate carriers

767 840 Due date of taxes and fees, penally, deficiency assessments, refund of overpayment, limitation on audit

767 845 Annual and quarterly reports authorized

767 850 Assessment by commission upon failure toreport tax or fee due

767 855 Reassessment waiver or reduction upon

request, charge for failure to appear at

hearing

767 860 Collection of fees, taxes and other moneys

767 865 Warrant procedure for collecting tax, fee, penalty or assessment

767 870 Deposit or bond to secure payment of fees, taxes, charges and penalties

767 875 Use of collection agency to obtain moneysdue

767 880 Writing off uncollected moneys due


767 895 Regulation of mileage records, distinguishing marks


767 905 Daily records and monthly reports by carriers

PENALTIES

767 990 Penalties

767 993 Penalty for violation of hazardous wasteregulations

CROSS REFERENCES

Cigarettes, report of sales and payment of tax by passengercarrier 323 040, 323 355

Commercud * ehicles reciprocal arrangements for registration, 802, 500


Dog guides for blind admission to public places 346 620Diner licenses and permits. Ch 807

Limits on sizes and weights of x ehicles and loads Ch 818

Procedure to prove financial responsibility and msumnce bysingle filing, 801 035

Public transportation facilities under sen ice district contractexempt from Ch 767, 451 568

Public Utility Commission, Ch 756Registration of * ehicles Ch 803

Rules of the road, Ch 811

Submitting hay, grain or potatoes to inspection 632 98 Taxicabs local regulations 22148- 5

Transportation of

Cigarettes without bill of lading or invoice prohibited, 323 225

Explosives in passenger * ehicles prohibited 480050480 060

Fish, special requirements, 509 110

Hay without bill of sale, prohibited 164 815767 005 to 767 640

Farm vehicle regulation under motor vehicle code, 805 300 to805 390

767 025

School vehicles 820 100 to 820 190

767 030

Special registration fees for farm vehicles, 803 420

1074

SUPERSEDED

MOTOR CARRIERS

767 060767 775 to 767.905

State police, duty to enforce laws relating to operation of Farm vehicle regulation under motor vehicle code, 805 300 tovehicles on state highways 181 040 805 390

767 105

Permits required for weight and size variance, 818 200

Transportation services prodded by Mental Health Divismn, 426 360

Vehmle titles and registration generally, Ch 809

767 195

P mancial responsibility law, Ch 806

767 405

Abandonment of agencies or w ithdrawal of agents by commoncarriers by motor vehicle, 756 380 to 756 399

767 475

State police, duty to enforce laws relating to operation ofvehicles on state highways 181 040

1075

767 815

Credit against tax, 319 690

Motor vehicles operated on contract forest roads, taxation, 376 390

Operating vehicle on highway in use of private road, 374 335Vehicle registration fees, 803 420, 820 580, 821 320

767 825

Credit against W. 319 690

Motor vehicle operated on contract forest roads, taxation, 376 390

Operating vehicle on highway in use of private road, 374 335

767 875

Application, 180 220

767 900

State police, enforcing laws relating to operation of vehicleson state highways, 181 046

SUPERSEDED


1076

SUPERSEDED

MOTOR CARRIERS 767.005

ECONOMIC REGULATION

Generally)

767.005 Definitions. As used in this chapter

1) " Broker" means any person not a " motorcarrier" or a bona fide employe or agent of anycarrier who sells or offers for sale any transportation subject to this chapter, or negotiates for orpurports to be one who sells or arranges for suchtransportation

2) " Carrier" or " motor carrier" means common carrier, contract carrier or private carrier

3) " Cartage carrier" means any person whoundertakes to transport any class of property bymotor vehicle for compensation when the transportation is performed wholly within an incorporated city or a commercial zone adjacent to an

incorporated city

4) " Certificate" means an authority issued toa common or contract carrier other than as pro-

vided by ORS 767 030, 767 145 or 767 155

5) " Charter service" means irregular routepassenger service under contract with a carrier

for exclusive use of the vehicle by a complete, cohesive group that has a common trip purpose

6) " Combined weight" means the weight ofthe motor vehicle plus the weight of the maximum load which the applicant has declared suchvehicle will carry Any declared combined weightis subject to audit and approval by the commission The combined weight of motor busses or bustrailers is the light weight of the vehicle plus theweight of the maximum seating capacity including the driver's seat estimated at 170 pounds perseat, exclusive of emergency seats, except thattransit -type motor vehicles may use 150 poundsper seat in determining combined weight Incases where a bus has a seating capacity which isnot arranged for separate or individual seats, 18lineal inches of such capacity shall be deemed theequivalent of a passenger seat

7) " Common carrier" means

a) Any person who transports persons orproperty for hire or who publicly purports to bewilling to transport persons or property for hireby motor vehicle, or

b) Any person who leases, rents or otherwiseprovides a motor vehicle to the public and who in

connection therewith in the regular course ofbusiness provides, procures or arranges for, directly, indirectly or by course of dealing, adriver or operator therefor

8) " Contract carrier" means any person whoengages in transportation by motor vehicle ofpersons or property for compensation, other thantransportation referred to in subsection ( 7) ofthis section, under continuing contracts with oneperson or a limited number of persons either

a) For the furnishing of transportation services through the assignment of motor vehicles fora continuing period of time to the exclusive use ofeach person served, or

b) For the furnishing of transportation services designed to meet the distinct and peculiarneeds of each individual customer which are not

normally provided by a common carrier

9) " Department" means the Department ofTransportation

10) " Extreme miles" or " extreme mileage" means the total miles operated by a vehicle overthe public highways, except the extra miles necessarily operated in traversing detours or temporary routes on account of road blockades in thestate

11) " Motor vehicle" means any self -propelled vehicle and any such vehicle in combina-

tion with any trading units, used or physicallycapable of being used upon any public highway inthis state in the transportation of persons or

property, except vehicles operating wholly onfixed rails or tracks and electric trolley bussesMotor vehicle" includes overdimension vehicles

or vehicles permitted excessive weights pursuant

to a special authorization issued by a city, countyor the Department of Transportation

12) " Permit" means an authority issued to acarrier under ORS 767 030, 767 145, 767 150 or767 155

13) " Private carrier" means any person whooperates a motor vehicle over the public highways

of this state for the purpose of transportingpersons or property when the transportation isincidental to a primary business enterprise, otherthan transportation, in which such person isengaged

14) " Privilege taxes" means the weight -miletax and fees prescribed in this chapter

15) " Property" includes, but is not limitedto, permanent loads such as equipment, appliances, devices, or ballast that are attachedto, carried on, or made a part of the vehicle andthat are designed to serve some functional purpose

16) " Public highway" means every street, alley, road, highway and thoroughfare in thisstate used by the public or dedicated or appropriated to public use

1077

SUPERSEDED


17) " Recycling" means the collecting andreturning of reusable waste materials to the manufacturing cycle as part of a conservation program that has been certified by the Departmentof Environmental Quality and approved by thecommission on the basis of the certification

Recycling shall not include scrap dealership businesses, energy sources or any other exemption

designated by rule by the Public Utility Commis- sion of Oregon

18) " Safe for operation" means mechanical

safety and compliance with rules regarding equipment and operation as are specified by law or byrule of the commission

19) " Special operations" means irregular

route passenger service that is not charter service

or the usual operation of the ordinary regularroute common carrier of passengers and involves

the sale of tickets by the carrier to the individualpassenger

20) " Transit -type motor vehicle" means any

passenger - carrying vehicle that does not have aseparate space for transporting baggage orexpress

21) " Transporter' has the meaning giventhat term m ORS 466 005 [ Amended by 1955 c 681 § 11959 c 420 § 1, 1971 c fi55 § 155, 1975 c 692 63, 1977 c 253 § 2,

1979c349§ 1, 1981 c 117 § 1, 1981 c 280 § 3, 1981 c 554 § 1

1983c357§ 1 1983 c 709 § 21, 1985 c 28 § 1, 1985 c 49 § 11

767 010 [ Amended by 1959 c420 § 2 1965c228§ 11971 c655 § 1, 56, 1975 c 692 § 4, repealed by 1977 c2,59 § 431

767 015 [ Amended by 1959 c 420 § 3. 1961 c 161 § 1, 1971 c 655 § 157, repealed by 1977 c 259 § 431

767 017 [ 1969 c699 §9, 1971 c655 §158, repealed b)

1977 c 253 § 431

767.020 Policy. ( 1) The business of operating as a motor carrier of persons or property forhire upon the highways of this state is declared tobe a business affected with the public interest Itis hereby declared to be the state transportationpolicy to do the following

a) Promote safe, adequate, economical andefficient service and to promote the conservation

of energy

b) Foster sound, economic conditions intransportation

c) Encourage the establishment and maintenance of reasonable rates for transportation services, without unjust discriminations, unduepreferences or advantages or unfair or destructivecompetitive practices

d) Provide specific state action immunityagainst all anti -trust claims and prosecution in

those instances when carriers lawfully develop,

publish and charge rates and provide services

specifically prescribed by the commission and inthose instances when carriers lawfully engage inprior consultation for purposes described in thisparagraph

2) The volume of motor carrier traffic pre-

sents dangers and hazards on public highwaysand make it imperative that

a) Stringent rules be employed, to the endthat the highways may be rendered safe for theuse of the general public,

b) The wear of such highways be controlled,

c) A minimum of inconvenience to other

users of the highways be effected,

d) A minimum hindrance and stoppage toother users of the highways compatible withneeds of the public for adequate transportationservice, be effected,

e) The highways be safeguarded fromimproper or unnecessary usage,

f) Operation by irresponsible persons or anyother operation threatening the safety of thepublic or detrimental to the general welfare beprevented, ,

g) Congestion of traffic on the highways beminimized,

h) The various transportation agencies of

the state be adjusted and correlated so that public

highways may serve the best interest of the general public, and

i) A method of assessing privilege taxes beprovided to enable the further construction ofhighways and to provide for the operation, preservation and maintenance of highways alreadybuilt

3) The legislature hereby declares that toeffect the ends and purposes listed in this section, this chapter is adopted ( Amended by 1969 c699 § 1,

1971 c 655 § 159, 1977 c 253 § 3, 1981 c 554 § 2, 1983 c 357 § 21

767. 022 Nonappllcability of chapter tocertain vehicles used in nonprofit transportation of passengers. ( 1) This chapter does notapply to motor vehicles with a seating capacity ofless than 16 persons while used in nonprofit

operation for commuting to ,lob, lob training oreducational facilities

2) For the purposes of this section, nonprofit operation" means a voluntary com-

muter ridesharing arrangement that may charge afee to defray expenses but remains nonprofit inits operation without reference to any entity thatmay sponsor it In establishing the fee, the following items may be included as expenses

1078

SUPERSEDED

MOTOR CARRIERS 767 025

a) The cost of acquiring the vehicleb) Insurance,

c) Maintenance of the vehicle,

d) Fuel, and

e) Other reasonable expenses attributable touse of the vehicle for rideshanng purposes 11977c660 §2, 1981 c227 § 11

767.025 Nonapplicability of chapter tocertain persons and vehicles. Except as provided in ORS 767 032, this chapter does not applyto the persons or vehicles described in this section. The exemption under this section applies tothe following persons and vehicles

1) Vehicles being used by, or under contractwith, any school board, district or person respon-

sible for the administration of elementary orsecondary school activities, and engaged

exclusively in transporting students or combination of students and other persons to or fromschool or authorized school activities, or those

activities sponsored by the State Board of HigherEducation This exemption shall not be affectedby the charging of a fee to cover the costs of thetransportation

2) Vehicles being used exclusively in thetransportation of United States mail on a tripbasis

3) Vehicles being used in the transportationof persons for hire, in vehicles with a seatingcapacity of more than five persons, within a cityand within three airmiles of the city When thethree airmile radius extends into the corporatelimits of another city, the two cities shall beconsidered as one city for the purposes of thissubsection The following apply to this paragraph

a) Service may also be provided to or fromany area surrounding the area described underthis subsection so long as the service does notcompete with a carrier granted authority by thecommission under this chapter to operate in that

surrounding area

b) Any vehicle exempt from the provisionsof this chapter under this subsection is subject toregulation by the city or cities in which it isoperated

4) Vehicles being used in a taxicab operationif the vehicle

a) Is a passenger vehicle with a passengerseating capacity which does not exceed five,

b) Carries passengers for hire where thedestination and route traveled may be controlledby a passenger and the fare is calculated on the

basis of any combination of an initial fee, distance traveled or waiting time, and

c) Is transporting persons or property, orboth, between points in Oregon

5) Vehicles being used for the transportationofproperty by private carrier by means of a singlevehicle or combination of vehicles with a com-

bined weight that does not exceed 8, 000 pounds

6) Vehicles being used for the purpose oftransporting persons or property in connectionwith the patrolling of forests for the prevention orfighting of forest fires

7) Vehicles being used in operating implements of husbandry

8) Vehicles being used in towing or otherwise transporting vehicles at the direction of apolice officer or in servicing, towing or transporting wrecked or disabled vehicles, or in towing ortransporting a replacement vehicle for suchwrecked or disabled vehicle if the vehicle

a) Is not otherwise used in transportinggoods and merchandise for compensation, and

b) In the case of towing, is specially constructed for that use, or has a combined weightnot exceeding 8,000 pounds

9) Vehicles being used as a hearse orambulance

10) Vehicles being used over any privateroad or thoroughfare

11) Vehicles being used on any road, thoroughfare or property, other than a state highway, county road or city street, for the removal offorest products as defined in ORS 321005, or theproduct of forest products converted to a formother than logs at or near the harvesting site, orwhen used for the construction or maintenance of

the road, thoroughfare or property, pursuant to awritten agreement or permit authorizing the use, construction or maintenance of the road, thor-

oughfare or property, with

a) An agency of the United States,

b) The State Board of Forestry, c) The State Forester, or

d) A licensee of an agency named in thissubsection

12) Vehicles being used on any county roadfor the removal of forest products as defined inORS 321005, or the products of forest productsconverted to a form other than logs at or near theharvesting site, if

a) The use is pursuant to a written agreement entered into with the State Board of For-

estry, the State Forester or an agency of the

1079

SUPERSEDED

767.025 UTILITIES- RAILROADS AND OTHER CARRIERS

United States, authorizing the owner of themotor vehicle to use the road and requiring the

owner to pay for or to perform the construction ormaintenance of the county road, including anyoperator of a motor vehicle retained to transport

logs, poles and piling for the owners who areexempt under this section,

b) The board, officer or agency that enteredInto the agreement or granted the permit, bycontract with the county court or board of countycommissioners, has assumed the responsibility

for the construction or maintenance of the countyroad, and

c) Copies of the agreements or permits

required by this subsection are filed with theDirector of Transportation

13) Vehicles being used in the transportation of persons for hire if the operation

a) Is performed by a nonprofit entity, b) Is not in competition with the scheduled

regular route service of a carrier of persons that is

subject to the provisions of this chapter or aservice provided by a mass transit district formedunder ORS chapter 267,

c) Is performed by use of vehicles operatingin compliance with ORS 820 020 to 820 070,

d) Is providing service with regularity undera plan of operation within a radius of 40 airmilesof the designated point of origin, and

e) Is approved by the Public Transit Divi- sion as complying with paragraphs ( a) to ( d) ofthis subsection

14) Vehicles being used in transporting disabled, severely handicapped or mentally retardedpersons, with or without their supervisors or

assistants, to or from day care services or workshops if the motor vehicle is a passenger motor

vehicle with a seating capacity of not more than12 passengers The exemption provided by thissubsection applies only when the motor vehicle is

operated by or under contract with any personresponsible for the administration of sheltered

workshops as defined in ORS 344 710 to 344 730

or day care services provided by a facility licensedunder ORS 418 805 to 418 885

15) Vehicles being used by a common carrieror contract carrier to transport within this statefree or at reduced rates

a) The carrier' s officers, agents or employes, or dependent members of the families of thoseindividuals, or the personal effects or householdgoods of those individuals

b) Ministers of religions, inmates of hospitals and individuals exclusively engaged in char-

itable and eleemosynary work

c) Indigent, destitute and homeless individuals and the necessary agents employed in thetransportation

d) Witnesses attending legal investigationsin which the carrier is Interested

e) Persons injured in wrecks and physicians

and nurses attending those persons

f) Persons for the purpose of providing relief

in cases of general epidemic, pestilence or other

emergency

g) Persons traveling under commuter, partyor excursion passenger tickets, if available to allpersons applying under like circumstances orconditions

h) Persons traveling under an exchange ofpasses between common carriers

16) Vehicles being used to transport plants, artificial and natural flowers and accompanying

florist accessories in movements originating at

retail shops

17) Vehicles owned or operated by theUnited States, the State of Oregon, any county, city, town or municipality in this state, or anydepartment of any of them except when owned oroperated as a carrier for hire

18) Vehicles owned or operated by a masstransit district created under ORS chapter 267

19) Vehicles owned or operated by personswhen regularly operating over a rural or star routeand engaged exclusively in the transportation ofUnited States mail under contract with, or when

the person is an employe of, the Postal ServiceThe person may transport additional property forconsideration in the vehicle over the mail route

not to exceed 200 pounds in weight for any onedelivery, when not in competition with a regularroute common carrier

20) Vehicles owned or operated by, or undercontract with, a person responsible for the construction or reconstruction of a highway undercontract with the Department of Transportationor with an agency of the United States whenoperated within the immediate construction proj-

ect as described in the governmental agency contract during the construction period

21) Vehicles owned or operated by, or undercontract with, a charitable organization when

exclusively engaged in performing transportation, either one way or round trip, necessary tothe operation of the charitable organization. Asused in this subsection, " charitable organization"

means an organization that has no capital stockand no provision for making dividends or profits, but derives its funds principally from public and

1080

SUPERSEDED


private charity and holds them in trust for thepromotion of the welfare of others and not for

profit Any organization claiming an exemptionunder this subsection shall file an affidavit with

the commission stating that it is organized andoperated in accordance with the requirements of

this subsection

22) Any person licensed under ORS 508 235and any vehicle used by that person while theperson is transporting the person' s own, unsoldcatch of fish from the point of landing to the firstpoint where fish from the catch will be sold, placed in storage or processed in any way

23) A person who provides services relatingto the packing or movement of personal propertyif the person does not directly or indirectly provide a motor vehicle for the movement of the

property and if the person does not act as anagent for any person who does provide a motorvehicle for movement of the property

24) Vehicles owned or operated by truckleasing companies operated empty over the publichighways for the purpose of relocation of equipment This exemption does not apply to motorvehicles operated empty as a result of or for thepurpose of transporting passengers or property

25) Vehicles owned or operated by a personprior to the time the vehicle is placed in commer-

cial operation

26) Vehicles with a maximum speed thatdoes not exceed 35 miles per hour that aredesigned for off -road use and that are operated on

the public highways in any one calendar year anumber of miles that does not exceed 15 percent

of the total number of miles the vehicle is oper-

ated for that calendar year

27) Passenger vehicles with a passenger

seating capacity that does not exceed five whenused in the transportation of new telephonebooks

28) Vehicles being used for the transportation of persons by private carner by means of asingle vehicle or combination of vehicles with a

combined weight that does not exceed 12, 000pounds

29) A vehicle that is used in a limousine

service operation in which the destination and

route traveled may be controlled by the passengerand the fare is calculated on the basis of anycombination of initial fee, distance traveled and

waiting time if the vehicle

a) Is driven by a licensed chauffeur, b) Is a passenger vehicle with a passenger

seating capacity that does not exceed eight,

c) Carries passengers for hire between pointsin Oregon, and

d) Operates on an irregular route basis

Amended by 1959c 497 § 1, 1961 c 175 § 1, 1965c 458 §2, 1967c 486 § 1, 1969 c 46 § 1, 1971 c 181 § 1, 1971 c 655 § 160. 1975

c 692 § 5, 1977 c 259 § 4, 1979 c 260 § 1, 1979 c 349 § 2a, 1981

c 223 § 1, 1981 c 276 § 1, 1981 c 338 § 2, 1981 c 409 § 2, 1981

c 554 § 3, 1981 c 800 § 2a. 1983 c 338 §971, 1985 c 31 § 1, 1985

c 49 § 2, 1985 c 196 § 3, 1985 c 223 § 1. 1985 c 565 § 119a, 1987

C 111 § 1)

767.030 Requirements for farm vehicles. ( 1) Except as provided in ORS 767 032 or asotherwise provided in this section, this chapter

does not apply to a motor vehicle owned or leasedby a farmer who meets the qualifications underORS 805 310 when used in any one or more of thefollowing operations

a) Transportation described under ORS805 390

b) Transporting sand, gravel, rock, dirt, debris, cinders or asphaltic concrete mix to a

project of a district or corporation organizedunder ORS chapter 545, 547 or 554 when the

project is being constructed on land owned orleased by the farmer and the materials aredirectly related to the construction of the project

2) Any farmer with a vehicle registeredunder ORS 805 300, or with a farm device issued

under ORS 805 400, may obtain from the commission a permit as a carrier that will authorize

partial use of the vehicle to provide transporta-

tion services for hire subject to the followinglimitations

a) The permit only authorizes use of thevehicles to perform transportation for hire for

other farmers who meet the qualificationsrequired under ORS 805 310 whether or not the

other farmers actually have vehicles licensedunder ORS 805 300

b) The permit only authorizes use of thevehicles to perform transportation services relat-

ing to the operation of the farm of another thatthe vehicle owner with the permit could provide

under the registration issued under ORS 805 300or the farm device issued under ORS 805 400

relating to the operation of the farmer' s ownfarm

c) The vehicle may not be operated for hireunder the permit for more than 180 days in anyyear

3) The following apply to permits issuedunder this section

a) While being operated under a permitissued under this section, a vehicle and its oper-

1081

SUPERSEDED


ator and owner are only subject to those provisions of this chapter that are specifically madeapplicable under this subsection

b) Hearing and order are not required forissuance of the permit

c) While being operated under the permit, the vehicle is subject to ORS 767 775 to 767 905This paragraph does not subject the vehicle to

ORS 767 775 to 767 905 when the vehicle is beingoperated under the registration issued under ORS

805 300 or the farm device issued under ORS

805 400 and not being operated for hire under thepermit

d) Any operation in violation of the permit, of the registration issued under ORS 805 300 or ofthe farm device issued under ORS 805 400 will

subject the vehicle to regulation under this chapter

e) While operated under the permit, insurance of the type described in ORS 767 200 mustbe obtained for the vehicle

f) While operating under the permit, thevehicle is subject to those requirements relatingto the safety of vehicle equipment that are established in the provisions of the Commercial Vehi-

cle Safety Alliance Memorandum ofUnderstanding adopted by the Public UtilityCommissioner on May 12, 1981, that relate to thefollowing Brake adjustment, air loss rate, low airpressure warning devices, brake hoses, brakedrums and discs, brake shoes, linings and pads,

steering mechanisms, wheels, tires, drawbars andfifth wheels, and vehicle suspensions

g) The fee charged for issuance of a permitunder this section shall be the same as for theissuance of a permit under ORS 767 145

h) A person operating under a permit issuedunder this section must obtain plates or other

indicia of authority in the same manner as avehicle operated under a permit under ORS767 145

i) A permit issued under this section is

subject to the same enforcement powers of the

commission as those applicable to permits issued

under ORS 767 145

0) In addition to other grounds for suspension or revocation of authority under this chap-

ter, the commission may revoke or suspend apermit issued under this section if the commis-

sion determines that the person holding the permit is using vehicles registered under ORS805 300 or operating under a farm device issuedunder ORS 805 400 primarily to provide transportation for hire under this section and that the

person is not using the vehicles primarily in the

person' s own farming operation as permittedunder ORS 805 390 and 805 400

4) Any person claiming an exemption fromthis chapter under this section must comply withrecordkeeping requirements and reporting

requirements that the commission determines

necessary for the commission to administer thissection The commission shall not require records

or reporting under this subsection for any vehiclethat

a) Is registered under ORS 805 300,

b) Has a combined weight of 33, 000 poundsor less,

c) Is not operating under a permit issuedunder this section; and

d) Is operating under a farm device issuedpursuant to ORS 805 400

5) The commission shall coordinate theadministration and enforcement of this section

with the Motor Vehicles Division' s administra-

tion and enforcement of registration Issued under

ORS 805 390 and 805 400 to assure that thepurpose of this section, ORS 805 390 and 805 400

is followed and to assure that the sections are not

administered and enforced in a contradictory

way [ Amended by 1957 c 667 § 1, 1959 c 497 § 2, 1965 c 6131, 1971 c655 § 161, 1973 c396 § 1, 1975 c451 § 189x, 1977

c 253 § 5, 1977 c 684 §2 1983 c 338 § 972, 1983 c 679 § 19 1985

c 16 § 471, 1985 c 668 § 211

767.032 Applicability of chapter to certain otherwise exempt vehicles when trans-

porting hazardous wastes. This chapter doesnot apply to the vehicles described in ORS767 025 and 767 030 except that the vehicles are

subject to ORS 767.457 and 767 993 and the rules

adopted by the commission relating to the safetyof the vehicles while engaged in the transporta-

tion of hazardous wastes on public highways [ 1981

c 680 § 21

767 035 [ Amended by 1953 c 333 § 2, 1955 c 638 § 1. 1959 c 179 § 1, 1959 c 497 § 3, 1961 c 250 § 1, 1963 c 362 § 1,

1965 c 425 § 1, 1967 c 367 § 1, 1969 c 223 § 1, 1971 c 655 § 162,

1973 c 396 § 2, 1974 s s c 38 § l, repealed b) 1977 c 253 § 431

767 037 [ 1967 c 125 $ 2, 1971 c 655 § 163, repealed by

1977 c 253 § 431

767.040 Compliance with chapter

required. No common carrier, contract carrier

or private carrier shall operate any motor vehicle

for the transportation of persons or property, orboth, on any public highway in this state, and noperson shall act as a broker, except in accordance

with the provisions of this chapter [ Amended by

1981c 117 § 21 '

767. 045 Application of chapter to

interstate and foreign commerce. This

1082

SUPERSEDED

MOTOR CARRIERS 767. 120

chapter applies to Interstate and foreign com-

merce, except in so far as it may be in conflictwith the provisions of the Constitution and the

laws of the United States [ Amended by 1971 c655164, 1977 c 253 § 6]

767 050 [ Amended by 1971 c 655 § 165, repealed by

1977 c 253 §431

767 055 [ Repealed by 1981 c 554 § 201


767.062 Appointment of agents to issuepasses, collect fees and taxes. The commis-

sion may appoint agents to issue temporarypasses provided in ORS 767 805 ( 2) and to collect

any fees and taxes required by this chapter Thecommission shall prescribe the duties and com-

pensation of such agents and may require them togive bonds, in such amount as the commission

determines appropriate, conditioned upon thefaithful performance of their duties [ 1971 c655

180, 1977 c 253 § 7]

767. 066 Courts to forward copies of

record on conviction for violation of chapter. The courts having jurisdiction of this chapter shall, upon a conviction of anyone for

violation of this chapter, immediately forward acopy of the record of such conviction to the officeof the commission [ Amended b) 1971 c 655 § 166, 1977

c 259 § 81


767. 106 Certificate or permit required

for commercial transportation of persons

or property on public highways. No personshall operate any motor vehicle, whether loadedor empty, on any highway in this state as acommon carrier, contract carrier or private car-

rier in the transportation of persons or property

without possessing, in addition to any licenserequired by any other law, a valid certificate orpermit from the commission authorizing the proposed operation Each operation of a motor vehi-

cle in violation of this section is a separate

violation, whether the prohibited operations

occur within the same day or different days orrelate to the same motor vehicle or different

motor vehicles ( Amended by 1959 c 206 § l, 1969 c 99 § 1,

1969 c 699 § 4, 1975 c 692 § 7, 1977 c 253 § 91

767. 107 Certain private carrier opera-

tions exempt from obtaining permit; application for temporary authority tooperate required. A private carrier need not ( 3) No such license shall be issued or remainobtain a certificate of public convenience and in force unless the applicant furnishes a bond ornecessity for other security approved by the commission, in

1) Transporting sand, gravel, rock, dirt, such form and amount as will insure financialdebris, cinders, wet ready -mix concrete or responsibility and the supplying of authorized

asphaltic concrete mix for compensation or con-

sideration over the public highways of this state

when such materials are being delivered to a pointwhere the private carrier is then engaged in

transporting and delivering its own such materials in the fulfillment of a contract for construc-

tion or supply and the additional materials arerequired by the contractor in the furtherance ofthe work in progress

2) Furnishing transportation for compensation or consideration by motor vehicle over thepublic highways of this state for another private

carrier for the movement of wet ready -mix concrete or asphaltic concrete mix

3) Before furnishing the service referred toin subsections ( 1) and (2) of this section, a private

carrier must obtain temporary authority from thecommission Such temporary authority may beissued without hearing or order 11971 c520 § §8, 9, 1973 c 507 § 1, 1975 c 692 § 81

767. 110 When authority required fortowing operations. No person shall tow anymotor vehicle or vehicle for hire upon any publichighway of this state by means of any othermotor vehicle, whether or not the towing motorvehicle is exempt from the provisions of thischapter, until a certificate or permit has beenobtained from the commission However, no such

certificate or permit is required for towing operations exempted by ORS 767 025 ( 8) [ Amended by1967 c 387 § 1, 1969 c 699 § 5, 1979 c 349 §3, 1981 c 800 § 4]

767 115 ( Repealed by 1961 c 110 § 1]

767. 120 Necessity for broker' s license; issuance; regulations to be observed bylicensee. ( 1) No person shall act as a broker

unless the person holds a broker' s license, issued

by the commission, to engage In such transactions

2) A brokerage license shall be issued to anyqualified applicant therefor, authorizing thewhole or any part of the operations covered by theapplication, if it is found that

a) The applicant is fit, willing and ableproperly to perform the service proposed and toconform to the provisions of this chapter and the

requirements and rules of the commission there -

under, and

b) The proposed service, to the extent to be

authorized by the license, is or will be consistentwith the public interest

1083

SUPERSEDED


transportation in accordance with contracts,

agreements or arrangements therefor

4) The commission shall prescribe reason-

able rules for the protection of travelers or shippers by motor vehicle, to be observed by anyperson holding a brokerage license [ Amended by1981 c 117 § 31

767. 125 Applications for authority. The commission shall prescribe forms of applications for certificates or permits for the use ofapplicants and shall make regulations for the

filing thereof [ Amended b} 1961 c 111 § 1, 1969 c 91 § 3, 1969 c 699 § 6, 1971 c 655 § 167

767. 130 Denial of permit, transfer or

extension; hearing; restriction. (1) Notwith- standing any other provision of law, an applicantshall not be granted a certificate, permit, transfer

of any operating authority or extension of any

operating authority if the commission has reasonable grounds to believe, based on information

contained in commission files and records, or

based on evidence presented during hearing heldunder the provisions of ORS 767 135, that any ofthe following apply

a) The applicant is not capable of conduct-

ing the transportation service contemplated, incompliance with the law and rules of the commission

b) The applicant is or has been a repeated

and intentional violator of the provisions of this

chapter or of the rules of the commission This

paragraph does not apply to violations for whichan applicant has been penalized under subsection

2) of this section

c) The information contained in the applica-

tion pertaining to ownership, possession or control of the equipment or operation to beconducted is false

2) A person whose application has beendented under subsection ( 1) of this section shall

not be eligible to renew the application or to

operate or participate directly or indirectly in theproposed operation for a period of time ordered

by the commission The period of time ordered bythe commission under this subsection shall in no

event be less than a period of six months from thedate application has been denied and shall con-

tinue until the applicant has complied with anyother penalties ordered by the commission underthis or other provisions of this chapter An appli-

cant may renew an application without prejudice

by past violations after the penalty period underthis subsection

3) Upon request, any person who has beendenied an application under subsection ( 1) of this

section shall be granted a hearing This subsection does not require a separate or additional

hearing for applicants if the issues are addressedas part of any hearing on the application Afterthe hearing, the commission shall grant or denythe application in conformity with the findings

4) Subsection ( 1) of this section shall be

strictly construed for purposes described in thissubsection and shall control over any other pur-

poses or policy considerations under the lawsrelating to motor carriers The commission shallexercise the authority granted under subsection

1) of this section to assure that persons described

in paragraph (b) of subsection ( 1) of this section

a) Achieve an awareness of and respect forthe provisions of this chapter and rules of the

commission

b) Do not legitimize activities that violate

this chapter or the rules of the commission byapplying for and receiving any operating authority to continue previously unlawful activities

5) If the commission determines that a car-

rier issued authority under this chapter is notproviding requested transportation services thatare within the authority of the carrier, the commission shall limit the authority of the carrier toservice that the carrier is actually providingunless the carrier provides full transportation

services permitted under the carrier' s authorityAmended by 1961 c 50 § 1, 1969 c699 § 7, 1983 c357 § 3,

subsection ( 4) enacted as 1983 c 357 § 18, 1985 c 33 § 1]

Note. 767 130 ( 4) was enacted into law by the Legisla- tive Assembl} and was added to and made a part of ORS

chapter 767 but not to any series therein by legislative actionSee Preface to Oregon Revised Statutes for further explanation

767. 135 Issuance of carrier certifi-

cates; hearings; findings; transfer procedure. ( 1) When a person files with thecommission an application for a certificate tooperate as a common carrier or contract carrier,

for the extension of an existing certificate, or forthe transfer of a certificate, the commission shall

serve notice of the application upon every personwho has an application filed and pending beforethe commission to serve the territory proposed tobe served by the applicant, or who holds a certificate to serve that territory If any person desiresto protest the issuance, extension or transfer of

the certificate, the person may file notice thereofwith the commission within 15 days from thedate of service of the notice of application Thecommission thereupon shall fix a time and place

for a hearing upon the application, and shall servenotice of the hearing upon the applicant and anyperson who has filed a protest For the purpose of

1084

SUPERSEDED


being properly and fully informed, the commission may hold a hearing on an applicationalthough no protest is filed

2) If no person protests within the timeprovided in subsection ( 1) of this section, the

commission may order the issuance, transfer orextension of the certificate without a hearing, ifthe applicant shows compliance with paragraphs

a), ( b) and ( d) to ( f) of subsection ( 4) of thissection

3) If all protests to the application are with-

drawn prior to the closmg of the record, thecommission may order the issuance or transfer ofthe certificate if the applicant shows compliance

with paragraphs ( a), ( b) and (d) to ( f) of subsection ( 4) of this section

4) If the application for issuance or transfer

of a certificate is the subject of a hearing, thecommission shall issue the certificate if the appli-

cant has complied with this chapter and the rulesof the commission, and if the commission findsfrom the record and the evidence submitted at the

hearing thata) The applicant is fit, willing and able

properly to perform the service proposed, b) The applicant has certified that the vehi-

cles listed on the application comply with allOregon laws and rules covering vehicle safety andoperations and will be so maintained,

c) The service proposed, to the extent

authorized, is or will be required by the present orfuture public convenience and necessity or in caseof proceedings under ORS 767 186 if the commission finds the assignment or other transfer is in

the public interest,

d) The service proposed will not be attendedwith substantial damage to the highways or dan-

ger to other highway users or to the public, e) The rates, schedules or contracts pro-

posed by the applicant, if an intrastate operator, are approved by the commission, and

f) The applicant can and will furnish and file

the insurance, bond or substitute security orqualify as self- insurer as provided in this chapter

5) If the application for issuance or transfer

of a certificate is the subject of a hearing, and ifthe commission does not find that all the conditions provided in subsection ( 4) of this section are

satisfied, the commission may deny the application or may order that issuance of the certificatebe deferred pending compliance by the applicantwith those conditions provided in subsection ( 4)

of this section specified in the order

6) If the applicant fails to appear at the time

and place fixed for the hearing, the applicationmay be denied

7)( a) Pending determination of applicationfor transfer of a certificate, the commission, with-

out hearing, may grant approval of the temporaryoperation of the certificate by the prospectivetransferee, or, if the transferor' s service to the

public may be substantially impaired, mayauthorize temporary management of the transferor' s motor carver operations by the prospective transferee

b) Service performed under any temporaryauthority granted under this section is subject toall provisions of this chapter and the rules of the

commission

c) Service performed under any temporaryauthority granted under this section creates nopresumption that transfer of the certificate is

required by the public convenience and necessityor is in the public interest

d) Evidence of operation under a temporaryauthority as provided in this section is notadmissible to show the extent of utilization of the

certificate to be transferred [ Amended by 1957 c 2631, 1959 c 412 § 1, 1961 c 117 § 1, 1969 c699 § 8, 1971 c 655

168, 1975 c 692 § 9, 1977 c 253 § 10, 1983 c 357 § 41

767 137 [ 1969c 699 § 26, repealed by 1971 c 655 § 250)

767 138 11983 c 357 §6, repealed by 1985 c 26 § 1)

767 139 ( 1969 c 699 § 27, repealed by 1971 c 655 § 2501

767 140 [ Repealed by 1959 c 412 § 2 ( 767 141 enactedin lieu of 767 140)]

767 141 [ 1959 c 412 § 3 ( enacted in lieu of 767 140),

repealed by 1969 c 699 § 281

767. 145 When hearing and order notrequired. (1) Hearing and order are not requiredfor the issuance of authority to common or contract carriers engaged in performing

a) Transportation of lumber, shingles,

veneer, plywood, particle board, wallboard and

siding

b) Transportation of cordwood in long orshort lengths or sawdust, hog fuel, wood chips orbark dust

c) Transportation of fish scrap from fishprocessing plants to rendering or reductionplants

d) Local cartage of property within areasdesignated by the commission pursuant to ORS767 417

e) Transportation of newspapers and accom-

panying advertising materials when the combined weight does not exceed 8,000 pounds

f) Transportation of messages, includingbusiness or legal communications and transpor-

tation of packages of business paraphernalia and

supplies that weigh not more than 10 pounds

1085

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g) Transportation of waste material for recycling as part of a conservation program that iscertified and approved

h) Transportation of unprocessed potatoes

including cuttings, seed potatoes, waste and culls

1) Transportation of cut trees that are or willbe sold for use as Christmas trees

0) Transportation of unprocessed agricultural commodities from fields to processingplants or storage points

k) Transportation' of compressed motor

vehicle bodies or other compressed scrap metalfor a person licensed pursuant to ORS 822 110

2) Hearing and order are not required forregular route common carriers desiring to operateover redesignated or relocated public highwaysprovided

a) The new route has replaced the routeauthorized in the carrier' s certificate, and

b) Not less than 10 days prior to the institution of such service such person files with the

commission time schedules properly reflectingsuch service, and

c) No service is to be performed to, from or

between points on such redesignated or relocatedpublic highway otherwise than in accordancewith such person' s existing certificate, and

d) Such time schedules and service otherwise 1s in compliance with this chapter [ Amended

by 1957 c 263 § 2, 1961 c 169 § 1, 1961 c 403 § 1, 1969 c 575 § 1,

1969c 699 §8a, 1971 c 520 § 1, 1971 c 655 § 169, 1975c 692 § 10,

1977 c 253 § 11, 1979 c 349 § 4, 1979 c 781 § 1, 1981 c 90 § 1,

1981 c244 q 1 1981 c554 §4, 1985c 38 § 1 1985c, 119 ill

767 147 [ 1961 c 403 § 3, repealed by 1969 c 699 § 28]

767. 149 Authority for transportingmetallic ores, sand, gravel, rock and other

materials. ( 1) Upon October 4, 1977, common

and contract carrier certificates authorizing thetransportation of sand, gravel, rock, dirt, debris, cinders, wet ready -mix concrete or asphaltic con-

crete mix shall include authority to transportmetallic ores or concentrates or raw nonmetallic

products, whether crushed or otherwise, when

moving from mines, pits or quarries

2) General commodity authority issuedunder certificate pursuant to ORS 767 135 shall

not be construed to include authority to transportsand, gravel, rock, dirt, debris, cinders, wet ready - mix concrete, asphaltic concrete mix and metallic

ores and concentrates or raw nonmetallic prod-

ucts, whether crushed or otherwise, when movingfrom mines, pits or quarries or logs, poles orpiling 11971 c 520 § 5, 1977 c 253 § 12, 1979 c 349 § 5]

767. 150 Issuance of permits to privatecarriers. Upon receipt of the information inwriting required by the application form for permits in that class and in compliance with the lawand the rules and regulations of the commission,

permits shall be issued to private carners, conditioned that the proposed operation will not be

attended with substantial damage to the highwayor danger to the users thereof, to adjacent property or facilities or to the public The applicant isentitled to a hearing by the commission if theapplication has been declined by the commission

767. 155 Issuance of certificates tointerstate carriers. ( 1) Common, contract orprivate carriers engaged or to engage in interstate

operations shall apply to the commission for acertificate of registration The commission shall

issue a certificate of registration in the form of a

permit to them without a hearing and as a matterof course if they file with the commission a copyof the authority issued them by the InterstateCommerce Commission of the United States, or astatement that their operations are exempt from

regulation by the Interstate Commerce Commis- sion, and furnish evidence of coverage by publicliability and property damage insurance policy orqualify as a self - insurer as required by ORS767 195 to 767 215

2) No common, contract or private carrierengaged or to engage in interstate operations

shall perform any transportation service upon thepublic highways of this state without first havingapplied for and secured a certificate of registration in the form of a permit in compliance with

subsection ( 1) of this section [ Amended by 1963 c 1771, 1969 c 699 § 9, 1971, c 655 § 170. 1975 c 692 § 31]

767 160 [ Repealed by 1961 c 110 § 11

767 165 [ Amended by 1959 c87 § l, 1969 c699 § 10, 1971 c 655 § 171, repealed by 1979 c 628 §2]

767. 167 Temporary authority to provide transport services; request; protest;

duration; renewal; procedure to obtain per-

manent authority. ( 1) The commission maygrant temporary authority for a contract carrieror common carver to provide transport services

where it is shown that a need exists for such

service Such temporary authority may beauthorized only if the commission receives arequest for service from a user of the proposedtransportation service, and if the commission

concludes, after investigation, that the request

represents a true need

2) The commission shall provide for protest

and hearing under ORS 767 135 within 90 daysafter temporary authority is issued under thissection The commission shall cancel lmmedi-

1086

SUPERSEDED


ately any temporary authority granted under thissection if the commission determines at hearingthat the authority does not comply with requirements for grant of authority under ORS 767 135

3) The commission shall not grant tempo-

rary authority under this section for an initialperiod of more than six months

4) The commission may renew temporaryauthority granted under this section one time fora period of not more than six months

5) A person who is granted temporaryauthority under this section may apply for permanent authority to provide the transportationafter the expiration of the temporary authority bymaking application in the manner provided forapplication for permanent authority under thischapter

6) A grant of temporary authority under thissection does not establish any right to a grant ofpermanent authority under this chapter, but acarrier may use evidence from operation undertemporary authority under this section to establish a need for transportation services and to

establish an ability to provide those services 11981C 79 § 2, 1983 c 357 § 7, 1985 c 136 § 1]

767. 170 Emergency authority fortransportation without hearing. ( 1) If anycondition or emergency arises requiring relief incases of general epidemic, pestilence or other

calamitous visitation in the state or any community therein, wherein the public or communityinterest or the transportation of any personsorproperty requires, in the opinion of the commission, the issuance of a certificate or permit for

emergency transportation service, the commission may issue an emergency certificate or permit

therefor, without hearing or order, the term ofwhich shall be limited to a reasonable time to bedetermined by the commission under the circumstances

2) The commission may issue an emergencycertificate without hearing or order to transportdairy products from farm to dairy if such transportation is immediately necessary to preserve

either the quantity or quality, or both, of suchproducts Such certificate will be issued for aperiod not to exceed 30 days

3) The commission may issue an emergencycertificate without hearing or order to transportlogs when the number of carriers and their equipment or equipment necessary to provide the service requested in an area having proper operatingauthority is temporarily insufficient, or theweather or other forest conditions require, to

transport expeditiously the commodity from the

point of origin to storage, mill or shipping point

and meet the marketing needs of the loggingindustry Such certificate will be issued for aperiod not to exceed 30 days

4) The commission may issue emergencyauthority without hearing or order to transportsand, gravel, rock, dirt, debris, cinders, wet ready - mix concrete or asphaltic concrete mix when the

number of carriers and their equipment in an area

having proper operating authority is temporarilyinsufficient, or weather or other conditions

require, to transport expeditiously the com-

modity and meet the needs of the public Suchauthority will be issued for a period not to exceed30 days

5) The commission may issue an emergencycertificate without hearing or order for transportation services donated for the benefit of a charitable organization, if the services are not of a

type ordinarily required in the operation of theorganization Notwithstanding any other provision of this chapter, a certificate issued pursuant

to this subsection shall be issued without charge

to the applicant As used in this subsection

charitable organization" means any person orga-

nized and existing for religious or medical purposes or any political subdivision of this state

6) The commission may issue an emergencycertificate without hearing or order to transportfertilizer for agricultural purposes under circum-

stances described in this subsection The term ofa certificate issued under this subsection shall belimited to a reasonable time to be determined bythe commission under the circumstances The

commission shall not issue a certificate under this

subsection for the transportation of any type offertilizer that the commission determines by ruleto be hazardous when transported The commis-

sion may issue a certificate under this subsectionif the commission determines the transportation

is necessary

a) To preserve either the quantity or qualityof agricultural production,

b) Because the number of carriers havingproper operating authority and their equipmentor equipment necessary to provide the servicerequested in an area is temporarily insufficient, or

c) Because weather or other conditions

require expeditious transportation to meet the

needs of agricultural production

7) The emergency authority issued underthis section will not convey any right to permanent authority or be evidence of a need for permanent authority (Amended by 1961 c 112 § 1, 1961 c 403 §4,

1087

SUPERSEDED


1969c 699§ 11, 1971 c 520 § 6, 1971 c 655 § 171 a, 1977c 401 § 1,

1977 c 469 § 1, 1981 c 79 § 3, 1985 c 38 § 2]

767 175 [ Amended by 1957 c 561 § 1, 1969 c 91 § 4, repealed by 1977 c 253 § 431

767 177 [ 1969 c 91 § 2, repealed by 1977 c 253 § 431

767. 180 Carrier to operate only in classfor which authority issued; effect of violation; records. ( 1) The commission shall, in

issuing certificates or permits, classify the applicants as to their proper class under the law and nocarrier shall operate in a different class without

certificate or permit from the commission

2) An authorized common or contract car-

rier may act as a private carrier without separate

or additional authority

3) Common or contract carriers may interchange equipment upon which an identification

plate or marker has been issued by the commission and such identification plate or marker may

remain on the equipment and no transfer of

registration with either the Motor Vehicles Divi- sion of the Department of Transportation or thecommission shall be required, provided that such

interchange shall be permitted only in accordancewith rules adopted by the commission pertainingto insurance coverage, accounts, records, reports,

operations and practices thereof

4) If, after notice and hearing, the commission finds that any carrier is operating in a classother than that for which the certificate or permit

is issued, the commission shall revoke or suspend

the certificate or permit, or order the carrier to

cease and desist the illegal or irregular practicesfound

5) A carrier operating as a common andcontract carrier shall maintain separate records

pertaining to each class of operation as prescribedby the commission [ Amended by 1955 c79 § 1, 1957c 561 § 2, 1969 c 699 § 12, 1971 c 655 § 172, 1973 c 507 §3, 1977

c 253 § 131

767 185 [ Amended by 1961 c 249 § l, 1969 c 699 § 131971 c 655 § 173, repealed by 1973 c 426 § 1 ( 767 186 enacted inlieu of 767 185)]

767. 186 Legal status of certificates and

licenses. ( 1) Notwithstanding any other provision of law

a) No certificate issued under this chapter,

or any prior law, shall be assigned or otherwisetransferred except as provided in ORS 767 135

b) No license issued under this chapter shall

be assigned or otherwise transferred without thewritten approval of the commission that such

assignment or transfer is consistent with the

public interest and conforms with ORS 767 120

2) No such certificate or license shall beconstrued to be a franchise or irrevocable or

exclusive or to possess value for ratemakmg purposes However, upon the death of an individual

holding a certificate or licensea) If the estate of such individual is admitted

to probate, the executor or personal represen-

tative may continue the operation thereunder, forthe purpose of transferring the certificate orlicense, for a period not to exceed two years fromthe date of death, or

b) If the estate of such individual is notprobated, all the heirs of the deceased holder of

the certificate or license may file with the commission an application for the transfer of the

certificate or license together with an affidavit

signed by the heirs stating the name of the personto whom the certificate or license is to be trans-

ferred If any heir has not reached the age ofmajority or is otherwise legally incapacitated, theheir' s parent or guardian shall sign for the heir

The affidavit shall be on a form prescribed and

furnished by the commission Subject to theprovisions of ORS 767 130, the commission shalltransfer the certificate or license to the personnamed as transferee in the affidavit

3) In determining the scope of authority tobe transferred under subsection ( 2) of this section, the commission shall consider, as evidence

of past use under the certificate or license, onlythe services furnished during the two -year periodimmediately preceding the death of the certificate or license holder

4) If an application under subsection ( 2) of

this section for the transfer of the certificate or

license is not filed within 18 months of the date ofdeath, and if such certificate or license is nottransferred within two years of the date of death, the certificate or license shall be deemed auto-

matically revoked [ 1973 c426 § 2 ( enacted in lieu of767 185), 1977 c 253 § 14, 1981 c 633 §82, 1987 c 94 § 108]

767. 190 Cancellation or suspension of

authority. ( 1) Certificates and permits whenissued shall be valid until suspended or revoked

when the carrier is found by the commission to bein violation of this chapter

2) Certificates, permits or licenses may besuspended or canceled by the commission basedupon the commission' s own or other complaint

after notice and hearing, when the certificate, permit or license holder

a) Or agents or employes of the holder have

repeatedly violated this chapter or other highwayor motor laws of this state

b) Has repeatedly violated or avoided anyorder or rule of the commission

1088

SUPERSEDED


c) Has repeatedly made unlawful rebates orrepeatedly underestimated transportationcharges to clients

d) Has repeatedly refused or has repeatedlyfailed, after being requested to do so, to furnishservice authorized by certificate or permit orgranted by license The commission in such casesmay also, in the discretion of the commission, restrict the certificate, permit or license to con-

form with operations conducted

e) Has not, except for reasons beyond the

control of the holder, transported property orpersons authorized by the certificate or furnishedservice authorized by the license for a periodexceeding 180 consecutive days immediately preceding the filing of the complaint in the proceeding, or, in the case of a common or contractcarrier authorized to transport logs, poles, piling, sand, gravel, rock, dirt, debris, cinders, wet ready - mix concrete, asphaltic concrete mix or metallic

ores or concentrates or raw nonmetallic products,

whether crushed or otherwise, when moving frommmes, pits or quarries, has not, except for reasons beyond the control of the holder, trans-

ported commodities as authorized by thecertificate, or furnished service authorized by thelicense for a period exceeding 365 consecutivedays immediately preceding the filing of a complaint in the proceeding The commission inthese cases may also, in the discretion of thecommission, restrict the certificate to conform

with operations performed that were required bythe public convenience and necessity or mayconform the license to services furnished

f) Has not, except for reasons beyond the

control of the holder, transported property orpersons authorized by the permit for a periodexceeding three consecutive years immediatelypreceding the filing of the complaint in the proceeding

g) Has refused, or has failed, within the timeprovided, to rile the annual report required byORS 767 605 or has failed or refused to maintain

records required by the commission or to producesuch records for examination within the time set

by the commissionh) Has failed to appear for hearing after

notice that the certificate, permit or license is

under investigation

i) Has filed with the commission an applica-

tion which is false with regard to the ownership, possession or control of the equipment being usedor the operation being conducted ) Amended by 1957c 263 § 3, 1959 c 86 § 1, 1961 c 120 § 1, 1963 c 210 § 1, 1967 c 30

1, 1969 c 146 § 1, 1969 c 699 § 14, 1971 c 655 § 174, 1973 c 534

1, 1975 c 692 § 12 1977 c 253 § 15. 1981 c 554 § 7, 1983 c 357

8, 1985 c 18 § 11

767. 195 Liability insurance of carriers. (1) Except as provided in ORS 767 215, no

certificate or permit shall be issued to any personto operate as a motor carrier until the person has

in effect a policy of public liability and propertydamage issued by an insurance company orreciprocal insurance exchange authorized to

transact business within this state, and in accordance with the policies, forms and manuals on filewith the Director of the Department of Insuranceand Finance

2) Insurance required under this section

shall be provided at minimum limits the commis-

sion by rule may prescribe, and upon such terms, conditions and provisions as the commission may

determine to be necessary for the reasonableindemnification of the patrons of the applicant

and of the public against damage and injury forwhich the applicant may be liable by reason of theoperation of any motor vehicle However, theinsurance policy required of a carrier or persons

engaged solely in interstate commerce need notprovide for the protection of their patrons

3) In fixing the amount of the insurancepolicy the commission shall give due consideration to the character and amount of traffic, the

number of persons involved and the degree ofdanger which the proposed operation involves

Amended b) 1953 c 582 § 1, 1959 c 412 § 4, 1969 c 98 § 1, 1969

c 699 § 15, 1971 c 655 § 175, 1975 c 692 § 13, 1977 c 253 § 16,

1981 c 676 § 3, 1985 c 135 § 2)

767. 200 Collect on delivery serviceauthorized for intrastate carriers; cargoinsurance; bond. ( 1) Common and contract

carriers ofproperty intrastate may provide collect

on delivery service Any carrier providing collecton delivery service shall obtain a satisfactorybond in a sum to be fixed by the commission, conditioned that such carrier shall make compen-

sation to shippers or consignees for all propertyshipped collect on delivery, or money collectedtherefor, belonging to shippers or consignees andcoming into the possession of such camer inconnection with its transportation business

2) No certificate or permit shall be issued to

any person to operate intrastate as a common orcontract carrier of freight or express until theperson has in effect cargo insurance in such penal

sum as the commission may deem necessary toprotect adequately the interests of the publicThis policy shall bind the assurer for loss of, ordamage to, property carried in, upon or attachedto the motor vehicles or other equipment oper-

ated by, for or under the control of the assured, orwhile in the care or custody of the assured

3) The commission may waive the requirement of such bond or cargo insurance for any

1089

SUPERSEDED


carrier whose service is limited to commodities

not subject to material damage or loss through

ordinary transportation hazards, or any carrierwho does not engage in transporting collect ondelivery shipments [ Amended by 1969 c 699 § 16, 1979c 507 §4, 1981 c 676 § 4, 1985 c 135 § 3]

767. 205 Rules for compliance withORS 767. 195 and 767. 200, notice prior tocancellation of insurance or bond; suspen-

sion of authority when insurance or bondinoperative. ( 1) The commission by rule shallestablish a system for determining how motorcarriers demonstrate compliance with the insurance and bond requirements of ORS 767 195 and

767 200 The system may require certification ofcompliance by the carrier or the filing of a policyor bond with the commission and may requiredifferent acts of compliance based on class ofcarrier or experience The system shall also spec-

ify what acts constitute failure to comply forpurposes of revocation or suspension of the car-

rier' s authority

2) No insurance policy or collect on deliverybond furnished under ORS 767 195 or 767 200

may be canceled or otherwise terminated at anytime prior to its expiration until the indemnity orsurety company or reciprocal insurance exchange

which executed the same, has filed with thecommission a notice of cancellation as provided

in such bond or policy Such cancellation shall beeffective not less than 15 days from the date of

receipt, and no agreement between the partiesthereto shall operate to avoid this restriction

upon cancellation

3) If any insurance policy or collect ondelivery bond required under ORS 767 195 or767 200 becomes inoperative, the authority underthe certificate or permit involved shall cease and

be suspended insofar as it pertains to any affectedvehicles until an insurance policy or collect on

delivery bond meeting the requirements of ORS767 195 and 767 200 becomes effective and is

accepted by the commission [ Amended b) 1963 c 1191, 1969 c 699 § 17, 1971 c 655 § 176, 1981 c 676 §5, 1983 c 285

1, 1985c 135 § l1

767.210 Deposit of securities in lieu ofinsurance or bond. ( 1) In lieu of the insurance

policy or surety bond, the holder of any certificateor permit may file with the commission money, bank or savings and loan savings certificates, or

bonds, negotiable by delivery, of the State ofOregon, school districts therein, or of any countytherein, or obligations of the United States, orobligations for which the faith of the UnitedStates is pledged for the payment of both theprincipal and interest, equal in amount to the

amount of the insurance policy or bond requiredby the commission

2) So long as the deposit remains unencum- bered the depositor is entitled to collect the

interest upon such securities

3) The commission shall hold the securities

upon such terms as the commission shall designate and approve pursuant to the provisions of

this chapter, and shall deliver such securities to

the State Treasurer, who shall receive and holdthem subject to the lawful orders of the commis-

sion The State Treasurer and the surety of thetreasurer shall be liable upon the official bond for

their safekeeping The depositors shall reimbursethe State Treasurer for any expenses incurred bythe treasurer in the mailing, insuring, shipping ordelivering of any such securities, or of the interestcoupons attached thereto as they mature

4) Such substituted security shall be subjectto the liabilities imposed by the terms of thepolicy of insurance or surety bond then currentlyused by the commission

5) If the securities provided for in this sec-

tion are furnished in lieu of an insurance policy orbond, they shall not be subject to withdrawal orassignment by the holder of the certificate orpermit, either voluntarily or by operation of law, until the expiration of one year after the holder ofthe certificate or permit, in connection with

which they are furnished has

a) Substituted therefor a policy of insuranceor surety bond as provided in ORS 767 195 and767200,

b) The certificate or permit canceled, or

c) Surrendered such certificate or permit tothe commission for cancellation and has ceasedoperation thereunder

6) If any such securities become impaired invalue, the commission shall require additional

protection by insurance, bond or substitutesecurity to the extent that the value of thesecurities may have become impaired [ Amended b) 1969 c 699 § 18, 1971 c 655 § 177, 1977 c 253 § 17, 1979 c 444 § 11

767 212 [ 1971 c 655 § 178, repealed by 1977c 253 §431

767. 215 Self- insurance in lieu of insur-

ance or bond. ( 1) Any common carrier, engagedin interstate or interstate and intrastate opera-

tions within the State of Oregon, which is orbecomes qualified as a self - insurer with the Inter- state Commerce Commission of the UnitedStates in accordance with laws of the United

States applicable to self - insurance by motor carriers, is exempt, so long as such qualificationremains effective, from the provisions of ORS767 195 to 767 210

1090

SUPERSEDED


2) The commission may require proof of the 767 325 [ Amended by 1953 c 337 § 3, 1961 c 553 § l,

existence and continuation of such exempt status 1963 c 380 § l, 1963 c 466 § l, 1967 c 486 § 2, 1969 c 699 § 21,

to be made by affidavit of the carrier in such form 1971 c 655 § 218, renumbered 767 8151and at such times as the commission may pre- 767 330 [ Amended by 1963 c 380 § 2, renumberedscribe [ Amended by 1957c 368 § 1] 7678201

Taxes and Fees)

767.305 Application fee; transfer fee;

refunds. ( 1) In addition to the other fees pre-

scribed in this chapter, every person applying fora certificate under ORS 767 135 or a license under

ORS 767 120, or a permit under ORS 767 145

shall pay to the commission with the applicationa fee of $150 for a certificate or license applicationand $ 50 for a permit application A fee of $150

shall accompany an application for transfer ofcertificates If an application under any otherprovision of this chapter is set for hearing, a $ 150fee shall be paid before such heanng

2) The commission may refund the feescollected under this section if the applicant par-

ties or their duly authorized representatives makewritten request therefor, if

a) Request for withdrawal of the application

was received by the commission no later than fivedays before the hearing date or if no hearing isrequired, such request must have been received

prior to issuance of authority, and

b) The commission finds that

A) Applicant is not eligible to file application,

B) Certificate authority is not needed for theservice intended,

c) Applicant's death or serious illness pre-

cludes conducting the operations for whichapplication was made, or

d) Transferor withdraws consent for transfer of certificate

3) When the commission fixes a time and

place for a hearing as required by ORS 767. 1351), if any person who protested fails to appear at

the hearing and failed to withdraw the protest atleast five days before the date of the hearing, thecommission may require such person to pay asum equal to the application fee ( Amended by 1961c 44 § 1, 1969 c 699 § 19, 1971 c 655 § 179, 1975 c 692 § 14, 1977

c 253 § 18, 1979 c 349 §61

767 310 [ Amended by 1957 c 561 § 3, 1969 c 91 § 5, 1969 c 699 § 20, repealed by 1977 c 253 § 43]

767.315 JAmended by 1981 c 117 § 4, repealed by 1985c68 § 1]

767 320 ] Amended by 1965 c 288 § 2, repealed by 1971

c 655 § 2501

767 335 [ Amended by 1953 c 337 § 3, 1955 c 653 § l, 1957 c 561 § 4, 1959 c 180 § 1, 1961 c378 § 1, 1963 c 380 § 3,

1965 c 250 § 1, 1971 c 655 § 219, renumbered 767 825]


767 345 [ Renumbered 767 8351

767 350 [ Repealed by 1961 c 110 § i]

767 355 [ Amended by 1953 c 336 § 2, 1957 c 564 § 1, 1963 c 234 § 1, 1967 c 29 § 1, 1969 c 146 § 2, 1971 c 655 § 221,

renumbered 767 8401

767 357 [ 1969 c 146 § 7, renumbered 767 845]

767 360 [ Amended by 1957 c 564 § 2, 1963 c 234 § 2, 1969 c 146 § 3, 1971 c 655 § 222, renumbered 767 850]

767 365 [ Amended by 1957 c 564 § 4, 1971 c 655 § 223,

renumbered 767 8551

767. 370 [ Amended by 1957 c 564 § 4, renumbered7678601

767 375 [ 1957 c 564 § 5, 1963 c 23 § 1, 1969 c 146 § 4,

renumbered 767 8651

767 380 [ 1961 c 190 § 2, 1967 c 29 § 2, 1969 c 146 § 5,

1969 c 699 § 22, 1971 c 655 § 224, renumbered 767 870]

767 385 [ 1963 c 140 § 2, repealed by 1965 c 448 § 4]

767 390 [ 1967 c 178 § 2, amended by 1971 c 655 § 225, renumbered 767 8751


767. 405 Commission' s authority overcommon carriers. Except as provided in ORS

767 425, the commission shall supervise and regulate all common carriers of persons or property,

and with respect thereto shall

1) After hearing, regulate and prescribe lust, fair and reasonable rates, classifications and

practices

2) Prescribe the kind and form of accounts, manifests, receipts and records to be used and

kept pertaining to operation, and the method andmanner of keeping them and require their preservation for such time as the commission maydetermine proper, and have access thereto withright of audit and inspection at all reasonable

times

3) Require the filing of such periodical orother reports or data of such carriers as the

commission deems necessary

4) Require reasonably adequate service andfacilities

1091

SUPERSEDED


5) Regulate operating schedules of regularroute common carriers so as to meet the needs of

any community served and so as to preventunnecessary duplication by regular route common carriers of the transportation services

afforded by other regular route common carriers6) Relieve the highways of all undue burdens

and safeguard traffic thereon by promulgatingand enforcing reasonable rules and ordersdesigned and calculated to prevent serious high-

way congestion, and minimize the dangersattending transportation on the public highwaysof all commodities including hazardous materials, hazardous substances and hazardous wastes

Amended by 1971 c 655 § 181, 1975 c b92 § 15 1977c253§ 19, 1981c117 §5 1983c127 § 1]

767.407 Temporary rate procedures. Notwithstanding ORS 767 405 ( 1), after petitionby any interested person, or upon the commission' s own motion, the commission may permitthe establishment or modification of rates, classi-

fications and practices to become temporarilyeffective without a hearing if the commissionfinds that such action is in the public interest

The commission shall hold the hearing requiredby ORS 767 405 ( 1) as soon thereafter as ispracticable Any such rates, classifications andpractices determined after hearing shall be effective as though originally determined pursuant toORS 767 405 11971 c 655 § 182, 1983 c 357 § 9]

767.409 Publication of notice of proposed rate establishment or modification.

When directed by the commission, any carrier, oragent on behalf of the carrier, which proposes theestablishment or modification of a rate, classifi-

cation or practice shall publish notice thereof in a

newspaper of general circulation in the area in

which the proposal shall be effective Publication

shall be within the time provided by the commission [ 1981 c554 § 19]

767.410 Regulation of common carriers and contract carriers. Except as provided in ORS 767 425

1) The rates, rules and practices used bycommon carriers shall be prescribed by the commission and

a) Be plainly stated in tariffs or schedulesavailable to the public at each carrier' s office, and

at the office of the commission, and

b) Be just, reasonable and fair and shall not

be unduly discriminatory, prejudicial or preferential

2) All contracts governing services performed by contract carriers acting under authority of certificates issued by the commission shallbe submitted to the commission for approval and

a) All contracts of contract carriers shall

plainly state the rates, rules and practices to beapplied to the service performed, and

b) Shall specifically reflect the specialized orother services performed by the contract carrier

3) No common carrier or contract carrier

shall

a) Charge, collect or receive a different

remuneration for the transportation of pas-

sengers or property or for any service in connection therewith, than the rates which have been

legally prescribed and filed with the commission

b) Refund or remit in any manner or by anydevice any portion of the rates required to becollected by its tariffs or written contracts on filewith the commission

4) Any action against common carriers forrecovery of overcharges or by common carriersfor the collection of undercharges shall be com-

menced within two years from the time the causeof action accrued As used in this subsection, overcharges or undercharges shall mean charges

assessed for transportation service different from

those applicable under the tariff lawfully in effect5) The commission shall check the records

of common carriers and contract carriers for the

purpose of discovering all discriminations andrebates The commission

a) Upon the commission' s own motion, may, and upon the complaint of any aggrieved person, shall, pursuant to written notice served upon anycommon or contract carrier, investigate the rates,

classifications, rules and practices of common or

contract carriers and service in connection there -

with, and

b) To the extent that the rates, classifica-

tions, rules or practices are found by the commission to be unreasonable, unlawful, unfair or

unduly discriminatory, preferential or prejudicial, shall, by orders based upon the evidence, require the carrier to comply with just, fair, lawfuland reasonable rates, classifications, rules and

practices established by the commission Suchcarrier shall forthwith comply with such orders

6) The commission may suspend a tariff ortime schedule that the commission believes will

impair the ability of carriers to serve the public orappears to be unjust, unfair, unreasonable, preju-

dicial, discriminatory or otherwise unlawful

7) No common carrier will be permitted to

restrict its services to paying time schedules onpassenger routes or on high -class commoditieswith a low rate in competition with a common

carrier giving complete service However, this

1092

SUPERSEDED


subsection does not apply to the transportation ofcommodities requiring special equipment or tothe transportation of express or any special orparticular commodity which because of its character or use requires rapid transit

8) Notwithstanding subsection ( 7) of thissection, the commission may, upon applicationand hearing, or upon the commission' s ownmotion, permit two or more common carriers

authorized to serve the same point or points to

enter into an agreement for the pooling or division of traffic, or of service, or of gross or net

earnings, or any portion thereof as to such servicepoint or points whenever it appears that such

agreement will be in the interest of better serviceto the public, of economy of operation and willnot unduly restrain competition An agreementestablished under this subsection may not have aduration of longer than one year The commission

a) May, subject to the governing policies ofthis chapter, prescribe rules and impose such

terms and conditions as are found to be just and

reasonable

b) Shall require any carrier not providingphysical service under an agreement under this

subsection to either institute service or abandon

authority for such service after one year ( Amendedby 1961 c 548 § 1 1971 c 655 § 183, 1973 c 507 § 5, 1975 c 692

16, 1977 c 253 § 20, 1981 c 117 § 6, 198.3 c 357 § 10, 1985 c 22

11

767. 415 Classes of common carriers; rights and duties of each class. Except asprovided in ORS 767 425

1) Common carriers shall be classified, andthe classification shall be shown on the commoncarrier's certificate or permit when issued or

reissued by the commission, as follows

a) Regular route, scheduled service, including sightseeing tours

b) Irregular route

c) Local cartage service

2) Regular route carriers of persons shall file

a schedule setting forth the termini betweenwhich service is rendered, the hours of departureand arrival, and tariffs and classifications govern-

ing rates Carriers of property shall file a schedulesetting forth the termini between which the service is rendered, the frequency of service, elapsedLime between pick up and delivery of propertyand tariffs and classifications governing ratesSightseeing tours may be offered to the public asregular route, scheduled services, subject to the

following modifications Routes, time schedules, tariffs of transportation rates and offerings of

special services filed with the commission shall be

accepted and placed in effect only if they are suchas to render the sightseeing tours noncompetitivewith other regular route, scheduled carriers of

passengers over the same, similar or a combina-

tion of routes Transportation rates shall be

stated separately from other rates Schedules ofsightseeing tours may be seasonal in nature, andindividual schedules may be canceled owing toinclement weather or other conditions renderingthe service impractical

3) Irregular route carriers shall file tariffs

and classifications governing rates Irregularroute common carriers shall serve indis-

criminately the territory which they are authorized to serve, and their service shall be on call, coincidental, nonscheduled, unpenodical, itiner-

ant and ambulatory in nature Such carriers shallnot

a) By solicitation, advertisement, or by acourse of dealing or practice, or otherwise, holdthemselves out to render regular service between

any particular points or over any particular

routes, or lead shippers to believe or understand

that they may rely upon a continuous regularityof service by such carriers between particular orspecified points or over any particular or specified route

b) In the solicitation of business or the

advertising of their service restrict or limit suchsolicitation or advertising to traffic movingbetween any particular or specified points or overany particular or specified routes

c) Operate under a predetermined plan of

operation or time schedule between any particular points or over any particular route, but thisparagraph shall not prohibit repeated movements

by such carriers over the same route or betweenthe same points in instances where the character

or volume of the traffic requires repeated move-

ments over the same route for such reasonable

periods of time as may be necessary to meet theneeds of a particular shipper in particular

instances or requiring specialized service

4) Cartage carriers shall file tariffs and clas-

sifications governing rates The commissionshall, after hearing, determine what territoriallimits will be included within the commercial

area adjacent to the limits of any incorporatedcity

5) Irregular route carriers providing charterservice shall be limited to providing vehicles onan hourly or a mileage basis, and the tarjs ofsuch carriers shall clearly state the hourly ormileage charge for each vehicle on its certificate

or permit Irregular route carriers providing spa-

1093

SUPERSEDED


cial operations may sell tickets on an individualbasis Special operations tariffs shall be filed withthe commission and shall become effective on not

less than three days' notice [ Amended by 1957 c 6751, 1969 c 699 § 23, 1971 c 655 § 184, 1973 c 507 § 6, 1977 c 253

21, 1981 c 280 § 4, 1983 c 357 § 111

767. 416 Distinctions between regular

and irregular route carriers of property. The commission, after public hearing, shall adoptrules setting forth criteria for determination ofdistinctions between regular and irregular route

motor carriers of property The rules adopted bythe commission under this section shall be published as provided under ORS 183 360 [ 1983 c 357

131

767. 417 Applicability of ORS 767.405to 767. 415 to local cartage activities;

application for autbority. ( 1) The provisionsof ORS 767 405, 767 407, 767 410 and 767 415, except for ORS 767 405 ( 2), ( 3), ( 4) and ( 6), do

not apply to common or contract carriers engagedin local cartage of property within areas designated in rules adopted by the commission Thecommission shall designate a local cartage area asexempt from economic regulation if the commission finds from the record and evidence in a

rulemakmg proceeding that

a) The gross revenue derived from local

cartage service in the designated cartage area bycarriers does not exceed $ 100,000 a year,

b) The population of the affected city orcartage area is less than 10,000,

c) The incorporated city or designated cartage area is not an essential part of a metro-

politan, industrial or homogeneous economic

area,

d) The incorporated city or cartage area isnot contiguous to another city or within the areaencompassed by the commercial zone of anothercity,

e) Service to the public would not beadversely affected,

f) The carrier' s ability to render servicewould not be adversely affected, and

g) It is not otherwise adverse to the publicinterest to exclude such area from regulation

2) If the commission finds in a future

rulemakmg proceeding that adequate service isnot being provided or that the public interestdemands that the exemption be removed, thecommission shall remove the exemption and

require the affected cartage carriers to complywith the provisions of this chapter

3) Within 90 days after the effective date of

the order removing the exemption, carriers who

operated within the local cartage area for at least

six consecutive months immediately preceding

the effective date of the order may file with thecommission an application for operating authority The application shall be accompanied byevidence of qualified operations in the local cartage area If the commission finds that the appli-

cant has engaged in qualified operations in the

area, the commission shall issue an appropriate

certificate authorizing the carrier to provide service within the area Applicants may continue toprovide service pending the commission' s decision on the application [ 1977 c 253 § 25, 1983 c 540 §91

767.420 Regulation of contract carriers ( 1) The commission shall supervise andregulate all contract carriers of persons or of

property and shall exercise and perform all thepowers and duties stated in ORS 767 405 ( 1), ( 2), 3) and ( 6) and 767 455 ( 1), except that the

commission shall not require contract carriers to

be or become common carriers

2) No contract carrier shall give or cause anyundue or unreasonable advantage or preference to

those whom the contract carrier serves as com-

pared with patrons of any common carrier, or

subject the patrons of any common tamer to anyundue or unreasonable discrimination or disad-

vantage, or by unfair competition destroy orimpair the service or business of any commoncarrier or the integrity of the state' s regulation ofany such service or business

3) To the end that the commission mayenforce these provisions, each contract carrier

shall file with the commission a copy of itscontract, immediately upon its execution, includ-

ing the rates and practices called for or contemplated in the performance of the contract, forreview and revision and approval or modification

as to rates and practices by the commission Nocontract carrier shall enter upon the performance

of any contract contemplated by this section, until approval of such contract has been given bythe commission However, contracts for the

transportation of commodities within the exemption of ORS 767 425 need not be submitted to thecommission for approval.

4) The commission has , jurisdiction over

rates and practices to the same extent as is

required by ORS 767 410, in the case of commoncarriers, and ORS 767 410 is by this referencemade applicable to contract carriers and the com-

mission shall apply and enforce the same accordingly. However, the commission has no authorityto fix rates on agricultural, horticultural, poultry, dairy, livestock, timber or livestock products inthe transportation from the point of origin to

1094

SUPERSEDED


packing or processing plants, or from the point oforigin or from packing or processing plants to thenearest market or shipping points, when nottransported in competition with common carriers

or railroads [ Amended b} 1971 i 655 § 185 1973 c 507 § 7,

1977 c 253 § 22, 1981 c 554 § 8 1985 c 38 § 31

767.422 Authority of provider of irregular route service to provide charter serv-

ice and special operations. A common orcontract carrier that holds a certificate for transportation of passengers in Irregular route service

is authorized to provide both charter service and

special operations f198 c 280 § 21

767. 425 Exemption of certain opera-

tions from regulatory provisions. ORS767 405, 767 407, 767 410 and 767 415, with theexception of ORS 767 405 ( 2), ( 3), ( 4) and ( 6), do

not apply to the performance by common orcontract carriers of

1) Transportation of logs, poles or piling orlumber, shingles, veneer, plywood, particle board,

wallboard and siding

2) Transportation of cordwood in long orshort lengths or sawdust, hog fuel, wood chips orbark dust

3) Transportation of sand, gravel, rock, dirt,

debris, cinders, wet ready -mix concrete orasphaltic concrete mix, metallic ores or concen-

trates or raw nonmetallic products, whether

crushed or otherwise, when moving from mines, pits or quarries

4) Transportation of fish scrap from fishprocessing plants to rendering or reductionplants

5) Transportation of newspapers and

accompanying advertising materials when thecombined weight does not exceed 8,000 pounds

6) Transportation of messages, includingbusiness or legal communications and transpor-

tation of packages of business paraphernalia andsupplies that weigh not more than 10 pounds

7) Transportation of waste material for recycling as part of a conservation program that iscertified and approved

8) Transportation of unprocessed potatoes

including cuttings, seed potatoes, waste and culls

if the common or contract carrier does not refund

or remit in any manner or by any device anyportion of the charges for the transportation

service

9) Transportation of cut trees that are or will

be sold for use as Christmas trees

10) Transportation of unprocessed agri-

cultural commodities from fields to processingplants or storage points

11) Transportation of compressed motor

vehicle bodies or other compressed scrap metalfor a person licensed pursuant to ORS 822 110

Amended by 1961 c 440 § 1, 1969 c 575 § 2, 1977 c 253 § 23, 1979c 349 § 7, 1979c 781 § 2, 1981 c 90 §2, 1981 c 244 § 2 1981

c 554 § 8a, 1985 c 38 § 4, 1985 c 419 § 21

767.430 Regulation of interstate car-

riers. A person engaged exclusively in the conduct of Interstate transportation shall

1) Observe and comply with the laws of thisstate regulating traffic on Its highways, or theoperation of motor vehicles thereon, or limitingthe size, weight or speed of motor vehicles, and

2) Observe and comply with the laws of thisstate and with the orders, rules and regulations of

the commission, the department, county courts, boards of county commissioners and municipalauthorities to protect the highways from substan-

tial damage and to promote safety to other usersthereof, to adjacent property and facilities and tothe public

767 435 [ Amended by 1971 c 655 $ 186, repealed by

1977 c 253 § 431

767.440 Classification and regulation

of brokers. (1) The commission may, from timeto time, establish such just and reasonable classi-

fications of brokers as the special nature of the

services performed by such brokers requires, andsuch just and reasonable rules and requirements,

consistent with this chapter, to be observed bythe brokers so classified or grouped, as the com-

mission deems necessary or desirable in the public Interest

2) To regulate brokers, as provided in thischapter, the commission may establish reasonable requirements with respect to licenses, financial responsibility, accounts, records, reports,

operations and practices of any such person

3) No broker shall

a) Refund or remit in any manner or by anydevice any portion of the transportation chargepaid by any customer, except at the direction ofthe commission

b) Pay or compensate, by any device, anycustomer for the purpose of influencing the customer to use the services of any carrier or broker

c) Charge, collect or receive a differentremuneration for the transportation of pas-

sengers or property or for any service in connection therewith, than the rates which have been

legally prescribed and filed with the commissionAmended by 1971 c 655 § 187, 1977 e 253 526, 1981 c 117 § 7, 1983 c 357 § 151

767.445 General authority to prescribeand enforce rules and classifications. ( 1)

1095

SUPERSEDED


The commission shall, by general order or otherwise, prescribe and enforce rules in conformitywith this chapter to better accomplish theenforcement of its provisions, which shall cover

and include common carriers, contract carriers

and private carriers and their operations

2) The commission may make such subdivisions of the carriers, as classified in this chapter,

as in the opinion of the commission may work tothe efficient administration of this chapter and

shall do all things necessary to carry out andenforce its provisions

3) All rules made by the commission pursuant to this chapter and filed in the office of thecommission have the force and effect of law

4) This section does not restrict the powers

of the Department of Transportation or the

county courts or boards of county commissionersunder existing laws and amendments thereof

5) Without restricting the general powersconferred upon the commission to prescribe and

enforce rules, the commission is vested with spe-

cial authority with respect to the matters listed inORS 767 450, 767 460 and 767 895 [ Amended by1971 c 655 § 188, 1977 c 253 § 271

767 450 Regulation of motor vehicles.

The commission may

1) Require the weighing of motor vehiclesloaded and empty at reasonably frequent intervals,

2) Inspect and require proper equipment andmarkings of motor vehicles and insure the mak-

ing of necessary repairs, to promote efficient andsafe operation, and

3) Prescribe the character of appliances tobe used on motor vehicles to establish correct

mileage traveled by such vehicles and require theinstallation and proper repair and inspection of

such appliances

767. 455 Safety regulations relating todrivers or operators; uniformity withfederal regulations. ( 1) The commission shall,

after public notice and hearing, adopt rules thatrequire common, contract and private carriers to

a) Protect and safeguard the health and

safety of all employes, passengers and the public

by prescribing the limit of hours that drivers oroperators of motor vehicles may remain on dutyat any time and the required number of hoursreleased from duty

b) Establish minimum qualifications for

persons who drive motor vehicles, as, for, or onbehalf of the carrier

c) Use reasonable precautions for safety ofoperations and equipment of motor vehicles sub -

ject to their operations and control

2) Venue for prosecution for the violation ofrules adopted under this section lies

a) In the county in which the defendantresides if the defendant is a resident of this state

b) In the county where the violation wascommitted if the defendant is not a resident ofthis state

3) The commission may revoke the certificate or permit of any person for repeated violation of the laws or rules governing hours ofservice

4) The rules promulgated under subsection

1) of this section should provide for uniformitybetween state and federal motor carrier safetyand hours of service rules in so far as practicableAmended by 1963 c 184 § 1, 1969 c 699 § 24, 1977 c 253 § 28.

1981 c 554 § 9. 1985 c 132 § 11

767.456 Limitation on movement of

vehicles to particular days of week. Except

as provided in this section, the commission shall

not adopt rules limiting the movement of vehiclesthat are subject to regulation under this chapter

to any particular days of the week The commission may adopt rules described under this sectionif

1) The rules are recommended by the Super- intendent of State Police, and

2) The commission determines that therules are required to protect the interest and

safety of the general public [ 1983 c 461 § 2]

767. 457 Standards for safe transportation of hazardous wastes and substances.

1) The commission shall adopt rules settingstandards for the safe transportation of haz-

ardous waste, hazardous substance and PCB byall transporters

2) The authority granted under this section

a) Is in addition to any other authoritygranted the commission

b) Does not supersede the authority of theEnergy Facility Siting Council to regulate thetransportation of radioactive materials under

ORS 469 530

3) In addition to any other penalty for violation of a rule adopted under this section, the

commission, after hearing, may impose a civilpenalty of not more than $10,000 for violation ofa rule adopted under this section Each day ofnoncompliance with a rule is a separate violation

1981 c 680 §3, 1983 c 703 § 22 1985 c 670 § 361

1096

SUPERSEDED


767.458 Impoundment of vehicles

unlawfully transporting hazardous wastesor substances. ( 1) In addition to any otherenforcement measure allowed, if a person violates

the provisions of ORS 466 080 or 767 457 or rules

adopted by the commission under ORS 466 080or 767 457, the commission may impound theperson' s vehicle transporting, about to transportor that has transported hazardous waste, PCB orhazardous substance within the state The com-

mission may charge a reasonable fee for the costsof impoundment and storage, if any, beforereleasing any vehicle to its owner

2) As used in this section and ORS 767 457

a) " Hazardous substance" includes any substance defined by the commission as hazardous

b) " Hazardous waste" has the meaning giventhat term in ORS 466 005

c) " PCB" has the meaning given that term inORS 466 505 when the PCB is a waste product ofan industrial, commercial or other activity ( 1985c 670 § 35)

767. 460 Regulation of shipping

receipts, changes of vehicles and routes,

records and mileage The commission may

1) Require every person operating as a common or contract carrier of property, except car-

riers carrying dairy products from farm toprocessing plant and carriers engaged exclusivelyin transporting commodities described in ORS767 425 to issue a receipt in triplicate for freightreceived for shipment, which shall contain thename of the truck operator, date and placereceived, name of consignor, name of consignee,

destination, description of shipment, weight, rateand charges, and signature of the carrier or agent,

one of said receipts to be delivered to the consignor, one to consignee and one to be retained bycarrier in its files

2) Prescribe rules governing amendments ofcertificates or permits covering additions to andwithdrawals of vehicles and the extension or

contraction of routes, and the filing of applications therefor

3) Prescribe forms of accounts and records

to be kept, reports to be made and blanks to beused by common and contract carriers in transportation operations, and matters incidental

thereto [ Amended by 1969 c 699 §25 1971 c 655 § 189, 1975

c 692 § 171

767 463 11959 c 498 §2, repealed by 1971 c 655 § 250]

767 465 [ Repealed by 1971 c CM § 2501

767.470 Civil penalty for violation ofeconomic regulation provisions or order of

commission. ( 1) In addition to all other penal-

ties provided by law, every person who violates orwho procures, aids or abets in the violation of

ORS 767 005, 767 020, 767 025, 767 030, 767 040to 767 155, 767 170 to 767 305, 767 405, 767 407, 767 410 to 767 420, 767 425 to 767 455, 767 460 to767 495, 767 605 to 767 640, 767 775, 767 780, 767 805 or any order, rule or decision of thecommission shall incur a penalty of not more

than $ 100 for every such violation

2) Each such violation shall be a separateoffense and in case of a continuing violation every



this section and subject to the penalty provided inthis section



a) The defendant admits the violationsalleged in the complaint and makes timelyrequest for reduction of the penalty, or

b) The defendant submits to the commission a written request for reduction of the penalty

within 15 days from the date the penalty order isserved

5) If the amount of such penalty is not paid

to the commission, the Attorney General, at therequest of the commission, shall bring an actionin the name of the State of Oregon in the CircuitCourt of Marion County to recover such penaltyThe action shall not be commenced until after thetime has expired for an appeal from the findings, conclusions and order of the commission In allsuch actions the procedure and rules of evidence

shall be the same as an ordinary civil actionexcept as otherwise provided in this chapter

6) Any motor carrier found knowingly tohave assessed charges for transportation serviceless than published in its tariffs or written con-

tracts on file with the commission may bedirected to collect the undercharges from thepersons liable therefor and to remit such undercharges to the commission in addition to any

monetary penalties imposed against the carrierfor charging less than the tariff or contract prescribes

7) Any motor carrier found to have assessedcharges for transportation service more than the

1097

SUPERSEDED


rates which have been legally filed with andprescribed by the commission shall refund theovercharges to the persons from whom collected

If the carrier is unable to do so, the carrier may berequired to remit such overcharges to the com-

mission in addition to any monetary penaltiesimposed against the carrier for charging morethan the applicable tariff or contract prescribesAmended b} 1957 c 269 § 4, 1971 c 655 § 190, 1975 c 692 § 18,

1977 c 253 § 29 1979 c 349 § 8, 1981 c 554 § 10, 1987 c 158 § 1561

767.475 Utilization of state police inenforcing chapter. The commission shall callupon the state police for all police service or

police assistance necessary for the proper andefficient policing of carriers operating under thischapter The commission and the state policeshall cooperate in the enforcement of this chapter

to the end that there may be no duplication ofservice or expense [ Amended by 1953 c 338 § 4, 1971c 655 § 1911



767 490 [ Repealed bl 1953 c 478 §21

767.495 Service of process on nonresident carrier by serving the commission. ( 1) The commission is the true and lawful attorneyupon whom all process, summons or notices in

any action, suit or proceeding against each motorcarrier residing or having its principal place ofbusiness outside this state may be served, whensuch action, suit or proceeding is caused by orrelates to the operation of motor vehicles of or bysuch carrier within the state

2) The service of process, summons or noticeupon such carrier may be made by leaving a copythereof, together with a copy of the complaint ororder, in the office of the commission The com-

mission shall forthwith notify such carrier ofsuch service by letter directed to it at its residenceor place of business as shown by the records of thecommission

767. 500 Vehicle owner to be madeparty to certificate or permit enforcementproceedings; dismissal of charges againstdriver. (1) In any prosecution for any violationof ORS 767 105, 767 107, 767 110 or 767 155 ofany driver who is employed by the owner or lesseeof the vehicle involved in the violation to operatethe vehicle, the court shall make the owner orlessee of the vehicle a codefendant if appearancehas not been made by the driver within 15 days ofthe date the driver was cited to appear in court

2) If it is found that the owner or lesseecaused or permitted the driver to operate the

vehicle in violation of ORS 767105, 767107,

767 110 or 767 155, and if the owner or lessee isfound guilty of violating any of those provisions, the court may dismiss the charges against thedriver [ 1977 c 552 921

767.505 Rating bureaus. ( 1) The com-

mission shall adopt rules providing for guidelinesand requirements for the formation of bureaus

that carriers regulated under this chapter mayloin to develop and maintain reasonable rates fortransportation services The rules shall includeprocedures to assure that rates establishedthrough the rate bureaus are without unjust dis-

criminations, undue preferences or advantages or

practices that are unfair or that the commissiondetermines will adversely affect competition

2) The commission may establish any rulefor the regulation of rate bureaus under thissection that the commission determines to be inthe public interest

3) Carriers regulated under this chapter maybecome members of rate bureaus that meet therequirements established by the commissionunder this section and may use the services of therate bureaus in the development of rates andrating practices, classifications, divisions and

rules that relate to rates in a manner allowed bythe commission [ 1983c357§ 171

Records, Reports and Funds)

767 600 [ Amended b) 1953 c 337 § 3, 1969 c 146 § 8, renumbered 767 9051

767.605 Carrier' s annual report tocommission; exemptions. On or before April 1

of each year, unless additional time is granted,

every certificated motor carrier shall file with the

commission a report, verified under oath by itschief officer, agent or owner, in such form and

containing such information as the commission

shall prescribe, covering the year endingDecember 31 next preceding However, motorcarriers within the exemption of ORS 767 425and carriers operating as follows are exempt frommaking this report

1) Private carriers

2) Carriers engaged exclusively in interstateoperations [ Amended by 1961 c 440 §2, 1969 c 575 § 3, 1971c 655 § 191x, 1973 c 507 § 8. 1975 c 692 § 19 1977 c 253 § 30]

767 610 [ Repealed by 1961 c 110 § l]

767. 615 Copies of contracts to be filedby carriers. Every common carrier and contractcarrier, whenever required by the commission, shall file with the commission, within a timefixed by the commission, copies of all contractswhich relate to the transportation of persons or

1098

SUPERSEDED


property, or any service in connection therewith, made or entered into by such carrier with anyother common carrier, contract carrier or trans-

portation company or carrier, or any shipper,

consignee or other person doing business withsuch common carrier or contract carrier

767 620 [ Amended by 1957 c 431 § 1, repealed by 1971c 655 § 250]

767.625 Inspection of broker' s records. The commission and the commission' s dulyauthorized representatives have the same author-

ity as to accounts, reports and records, includinginspection and preservation thereof, with respect

to any person holding a brokerage license issuedunder this chapter, as in the case of motor car-

riers [ Amended by 1971 c 655 § 192 1975 c 692 § 20, 1977c 253 § 31, 1981 c 117 § 81

767. 630 Motor Carrier Account. ( 1) Allfees, taxes, charges and other sums collected bythe commission under this chapter shall be paidinto the State Treasury and shall be by the StateTreasurer placed to the credit of the GeneralFund to an account to be known as the MotorCarrier Account

2) The commission may purchase the necessary supplies and equipment and provide for allnecessary and incidental expenses incurred bythe commission in administering and enforcing

this chapter

3) All claims, duly approved by the commission, which have been incurred in pursuance oflaw, shall be paid by warrants drawn in themanner provided by law, payable out of theMotor Carrier Account of the General FundAmended by 1971 c 655 § 1931

767.635 Monthly transfer of MotorCarrier Account surplus to State HighwayFund. On the last day of each month theExecutive Department shall certify to the StateTreasurer the balance of all money in excess of

800, 000 remaining in the Motor CarrierAccount of the General Fund as of the close ofbusiness on the 25th day of such month, afterdeducting sums disbursed by warrants drawnunder ORS 767 630 The State Treasurer shallthereupon transfer the balance from the GeneralFund to the State Highway Fund [ Amended by 1965c 258 § 3, 1975 c 692 § 21, 1977 c 253 §32, 1981 c 249 § 3]

767.640 Restrictions on use of funds. No part of the funds produced by this chaptershall be used by the commission directly or indirectly

1) For the purpose of investigating the rules, charges, practice or service of any carrier by rail

2) In the administration or enforcement of

any law or authority over any carrier by rail

3) To investigate any public utility otherthan motor carriers

4) To investigate motor carriers beyond theappropriation made in this chapter

767. 644 Disclosure of hazardous wastetransportation reports and information to

Environmental Protection Agency. Records, reports and information obtained or

used by the commission in administering thehazardous waste program under ORS 767 457shall be available to the United States Environ- mental Protection Agency upon request If therecords, reports or information has been submitted to the commission under a claim of confiden-

tiality, the state shall make that claim ofconfidentiality to the Environmental ProtectionAgency for the requested records, reports orinformation The federal agency shall treat therecords, reports or information that is subject to

the confidentiality claim as confidential inaccordance with applicable federal law [ 1983 c 703

71

767 645 [ Repealed by 1957 c 431 § 21

767 650 [ Repealed by 1971 c 655 § 2501

767 655 [ Repealed by 1967 c 68 § 1]

Miscellaneous)

767. 660 Voluntary , ridesharing

arrangement not to be taxed or licensed bylocal government. ( 1) No county, city or othermunicipal corporation may impose a tax on, orrequire a license for, a voluntary ridesharingarrangement using a motor vehicle with a seatingcapacity for not more than 15 persons

2) For the purposes of this section "volunta-

ry ridesharing arrangement" has the meaninggiven that term in ORS 656 025 11981 c 227 § 71

767 700 11971 c 655 § 195, 1975 c 692 § 22, repealed by

1977 c 253 § 431

767 705 [ 1971 c 655 § 196, 1975 c 692 § 23, repealed by

1977 c 253 § 43]

767 710 [ 1971 c 655 §197, repealed by 1977 c 253 § 431

767 715 [ 1971 c 655 § 198, repealed by 1977 c 253 §431

767 720 [ 1971 c 655 9199, repealed b) 1977 c 253 §431

767 725 [ 1971 c 655 § 200, 1973 c 573 § 1, 1975 c 692

24, repealed by 1977 c 253 § 431

767. 730 [ 1971 c 655 § 201, 1973 c 396 D. 1975 c 451

189b, repealed by 1977 c 253 §43 and 1977 c 684 95)

767 735 ( 1971 c 655 §202, 1973 c 396 § 4, 1974 s s c 38

2, repealed by 1977 c 253 § 43)

1099

767 740 [ 1971 c 655 §203, repealed by 1977 c 253 §431

767 745 [ 1971 c 655 §204, repealed by 1975 c 692 §341

767 750 ( 1971 c 655 §205, repealed by 1977 c 253 § 43)

SUPERSEDED


767 755 [ 1971 c 655 § 206 repealed by 1977 c 253 § 431

WEIGHT -MILE TAX

Certificates, Licenses and Permits)

767 760 [ 1971 c 65.5 § 207, 1975 c 692 § 26 repealed by1977 c 253 § 43]

767 765 [ 1971 c 655 §208, repealed by 1977 c 2:, 3 § 431

767 770 11971 c 655 § 209, repealed by 1977 c 253 $ 431

767.775 Issuance and placement ofidentification plates and receipts; contentsof receipt. ( 1) Except as otherwise permittedunder ORS 767 780 and 767 805, the commissionshall, with respect to each self - propelled or

motor - driven vehicle, issue an identificationplate or marker The commission shall also issuea receipt stating therein the combined weight ofeach self - propelled or motor - driven vehicle andany train or combination of vehicles to be usedtherewith

2) The receipt shall be carried with themotor vehicle at all times, and no person shallload any motor vehicle in excess of its combinedweight permit rating thus determined except asvariations may necessarily result in passengerloading A fee of $5 shall be paid to the commission for each replacement weight receipt issued

3) The identification plate or marker mustbe fastened or placed on the motor vehicle towhich it is issued in a manner prescribed by thecommission by rule

4) Commencing January 1, 1958, and biennially thereafter, the commission shall by generalorder revoke all outstanding identification platesor markers and issue new identification plates or

markers for all motor vehicles subject to thischapter [ 1971 c 655 § 210, 1985 c 185 § 11

767. 780 Substitute identification

devices; applications, fees. ( 1) Notwithstand- ing ORS 767 775, the commission, in the discretion of the commission, may require the use ofidentification devices, such as cab cards, stampsor carrier identification numbers, in lieu of, as asubstitute for or in addition to, plates or markers, to identify and be carried with or placed uponeach motor vehicle authorized to be operated inOregon subject to the provisions of this chapterThe form of any identification device and themethod for its use shall be determined by thecommission

2) Except as may be inconsistent with thissection, all provisions of this chapter relating toidentification plates or markers shall be applica-

ble to the identification devices authorized bythis section

3) Notwithstanding any other provision inthis chapter, the commission may requireapplications for identification devices to be madeannually and may require each carrier holding orobtaining a permit under this chapter to pay tothe commission a fee of not to exceed $ 5 for eachdevice issued on an annual basis [ 1971 c655 § 2111981 c554 § 111

767 785 [ 1971 c 655 § 212, 1973 c 507 § 9, repealed by1975 c692 § 27 ( 767 786 enacted in lieu of 767 785 and767 790) 1

767. 786 Suspension or cancellation ofauthority; notice; hearings. ( 1) A certificate, permit or license is subject to suspension orcancellation, if the holder thereof

a) Is delinquent in reporting or paying anyfees, taxes or penalties due the commission, or

b) Has refused or failed, within the timeprovided, to file a deposit or bond requestedunder ORS 767 870

2) A written 10 -day notice of suspensionshall be given to the certificate, permit or licenseholder and unless a hearing is requested withinsuch time, the certificate, permit or license shallbe deemed suspended without further notice orhearing until the report, payment, bond ordeposit is filed with the commission

3) Upon a written 10 -day notice and complaint by the commission, a certificate, permit orlicense may be suspended or canceled for any ofthe reasons set forth in subsection ( 1) of thissection If the certificate, permit or license issuspended, the filing of the report, payment, bondor deposit will not reinstate the authority untilthe suspension period has expired, except onorder of the commission [ 1975 c 692 § 28 ( enacted inlieu of 767 785 and 767 790) 1

767 790 [ 1971 c 655 § 213, 1973 c 507 § 10, repealed by1975 L692 § 27 ( 767786 enacted in lieu of 767785 and767 790)]

767. 795 Limitations on cancellation ofbond; suspension of authority. ( 1) No bondfiled pursuant to ORS 767 870 may be canceled orotherwise terminated at any time prior to itsexpiration until the surety company whichexecuted the same, has filed with the commissiona notice of cancellation as provided in such bond

Such cancellation shall be effective not less than30 days from the date of receipt, and no agreement between the parties thereto shall operate toavoid this restriction upon cancellation

2) If any bond filed pursuant to ORS 767 870becomes inoperative, the authority under thecertificate or permit involved shall cease and be

suspended in so far as it pertains to any affected

1100

SUPERSEDED


vehicles until the requirements of ORS 767 870have been met by the carrier 11971 c 655 § 214, 1975c 692 §33]

767. 797 Reinstatement fees In addition

to any other requirements of this chapter, acarrier whose operating authority has been suspended shall pay a reinstatement fee of $25 to thecommission before the operating authority maybe reinstated, plus $ 5 for each vehicle identifica-

tion device outstanding under the carrier' sauthority at the time of suspension, if the suspension has been in effect more than 30 days How- ever, if the suspension has been in effect for 30days or less, in addition to the reinstatement feeof $ 25 the carrier only need pay $ 5 for eachidentification device it does not surrender upon

application for reinstatement of the authority

f197 c 692 § 2, 1981 c 554 § 12]

767 800 11971 c 655 § 215, repealed by 1977 c 253 § 431

Taxes and Fees)

767.805 Plate fees; temporary pass

fees; when plate or marker not to be displayed; summary recall of plate or marker.

1) In addition to other fees prescribed in thischapter, each carrier holding or obtaining a certificate or permit under this chapter shall pay to

the commission a fee of $15 for each identification plate or marker issued to identify and beattached to each self - propelled or motor - drivenvehicle operated or to be operated in connectionwith such certificate or permit This fee shall beknown as a plate fee to be paid in advance of theissuance of the identification plate or marker

2) In cases of emergency when, because ofsingle trip or short- time operation not exceeding10 days, it is impractical to assign and have anidentification plate or marker attached to a motor

vehicle, the commission may issue a temporarypass identifying the motor vehicle The pass mustbe carried in the motor vehicle for which it isissued For this pass a fee of $9 for each motorvehicle shall be paid

3) Except as otherwise provided by rule, whenever a motor vehicle is no longer authorized

for use under a certificate or permit, or when thecertificate or permit under which the vehicle isauthorized for use has been suspended or canceled, the identification plate or marker issued forthe motor vehicle shall not be displayed In suchcases, the identification plate or marker may besummarily recalled by the commission and norefund of fees shall be allowed for the unexpiredterm of the plate or marker 11971 c 655 § 216, 1979

c 322 § 12, 1981 c 554 § 13, 1983 c 35 § 1, 1985 c 185 § 2]

767.810 Determination of filing ofreports or payments. ( 1) Any report or payment transmitted through the United States mailthat is required to be filed with the commission

by ORS 767 815 to 767 855 shall be consideredfiled

a) On the date shown by the post -officecancellation mark on the envelope or wrapper

containing such report or payment

b) On the date such report or payment wasmailed if the post - office cancellation mark on the

envelope or wrapper containing the report orpayment is omitted or is not legible or if the

report or payment is not received by the commission and if the sender establishes to the satisfac-

tion of the commission that the report or

payment was deposited in the United States mailon or before the date due for filing

2) If the date for filing any report or payment required to be filed with the commission byORS 767 815 to 767 855 falls on a Saturday,

Sunday or legal holiday, a filing shall be considered timely if made on the next business day 11971c 655 § 217]

767. 815 Motor carrier tax for use ofhighways. ( 1) In addition to other fees andtaxes imposed by law upon carriers, there shall beassessed against and collected from every carriera tax for the use of the highways, to apply to thecost of administration of this chapter and for themaintenance, operation, construction and recon-

struction of public highways

2) The tax rate which shall apply to eachmotor vehicle shall be based upon the declaredcombined weight of the motor vehicle and in

accordance with the weight group tax rates asshown in the tables set forth in ORS 767 820, except that the tax rate which shall apply to eachpassenger motor vehicle weighing more than12, 000 pounds and not more than 30, 000 poundsand having an overall length not in excess of 35feet shall be two mills less than the fee rates permile set forth in tables " A" and " B "

3) For the purpose of computing the tax due

a) Tables " A" and " C" apply to motor vehicles using motor vehicle fuel as defined in ORS319 010

b) Tables " B" and " D" apply to motor vehi-

cles using fuel as defined in ORS 319 520c) Table "B" or "D" applies to motor vehicles

used upon the public highways in this state that

use motor vehicle fuel of any description purchased outside this state

d) Table "A" or "B," or both, apply to motorvehicles used upon the public highways of this

1101

SUPERSEDED

767, 820 UTILITIES: RAILROADS AND OTHER CARRIERS

state that use motor vehicle fuel as defined inORS 319010, purchased part inside and partoutside this state, but in no event shall table " A" be applied in the computation of any tax to morethan the maximum miles which could be traveledin this state on motor vehicle fuel purchasedwithin the state

e) Table "D" shall be used by persons payingtaxes on the flat fee basis in arriving at the feepayable on motor vehicles which use motor vehi-

cle fuel as defined in ORS 319 010, when insufficient fuel is purchased in Oregon to propel themotor vehicles the extreme miles traveled withinthis state

f) The declared combined weight, except asprovided in paragraph (g) of this subsection, shallbe the combined weight, as defined in ORS767 005, declared in the application for authorityunder ORS 767 105, subject to audit and approvalby the commission

g) The declared combined weight, authorized pursuant to ORS 818 200, shall be the actualweight of the motor vehicle and its load with

respect to each trip subject to the tax, determinedby scale weights, records required by this chapteror any regulation issued thereunder, or from anyother information available to the commission

4) All carriers who use tables " A," " A" andB" or "C" in the computation of the tax or fee due

under this section shall maintain records and

purchase documents to substantiate and justifythe use of such tables The failure of any carrier tokeep such records and documents or to disclosethem to the commission or the duly authorizedrepresentative of the commission is prima facieevidence that the tax or fee should have been

computed by using table " B" or "D " 5) The tax for each motor vehicle when

tables " A" or " B," or both, are used shall becomputed by multiplying the extreme mileage oftravel in Oregon by the appropriate weight grouptax rate as it appears in the table or, for each

passenger motor vehicle weighing more than12,000 pounds and not more than 30, 000 poundsand having an overall length not in excess of 35feet, by the tax rate determined by subtractingtwo mills per mile from the appropriate weightgroup tax rate as it appears in the table set forth

in ORS 767 820 [ Formerly 767 325, 1975 c 692 §29, 1977c 253 § 33, 1983 c 338 §973, 1985 c 196 § 11

767.820 Carrier tax tables.

MILEAGE TAX RATE TABLE "A" Declared Combined Fee Rates

Weight Groups Per MilePounds) ( Mills)

1102

0 to 6,000 206, 001 to 8,000 50

8,001 to 10, 000 8010, 001 to 12, 000 9512, 001 to 14, 000 115

14, 001 to 16, 000 13016, 001 to 18,000 15018, 001 to 20, 000 17020,001 to 22, 000 19022, 001 to 24, 000 21524, 001 to 26,000 23526, 001 to 28,000 24528, 001 to 30, 000 260

30, 001 to 32,000 275

32,001 to 34,000 30034,001 to 36,000 32536,001 to 38,000 350

38,001 to 40,000 38040,001 to 42,000 41042,001 to 44,000 435

44,001 to 46,000 46546,001 to 48,000 49548,001 to 50,000 52550,001 to 52,000 55552,001 to 54,000 57554,001 to 56,000 59556,001 to 58,000 62058,001 to 60,000 64060, 001 to 62, 000 66062, 001 to 64, 000 68064, 001 to 66, 000 700

66, 001 to 68, 000 71568,001 to 70,000 73570,001 to 72, 000 74572, 001 to 74, 000 75574, 001 to 76, 000 76576, 001 to 78, 000 77578,001 to 80, 000 785

80,001 and over Add 1 o

mill per

ton orfraction

of ton

MILEAGE TAX RATE TABLE "B" Declared Combined Fee Rates

Weight Groups Per MilePounds) Mills) 0 to 6,000 100

6,001 to 8,000 13 58,001 to 10,000 170

10,001 to 12,000 20012,001 to 14,000 23514,001 to 16,000 27016,001 to 18,000 30518,001 to 20,000 33 520,001 to 22, 000 36522, 001 to 24, 000 40024, 001 to 26, 000 43526, 001 to 28, 000 46028,001 to 30,000 49030,001 to 32, 000 53032, 001 to 34, 000 56534, 001 to 36, 000 595

SUPERSEDED


36,001 to 38,000 620 Sec 12 On January 1, 1989, ORS 767 820, as amended38,001 to 40,000 650 by section 2b, chapter 196, Oregon Laws 1985, and section 5 of40,001 to 42,000 680 this Act is further amended to read

42, 001 to 44,000 705767 820

44,001 to 46,000 740

46,001 to 48,000 775

48,001 to 50,000 805 MILEAGE TAX RATE TABLE "A"

50,001 to 52,000 835 Declared Combined Fee Rates

52, 001 to 54,000 870 Weight Groups Per Mile

54,001 to 56,000 905 Pounds) Mills)

56,001 to 58,000 930 0 to 6,000 10

58,001 to 60,000 950 6,001 to 8,000 35

60,001 to 62,000 970 8,001 to 10,000 65

62,001 to 64,000 990 10, 001 to 12,000 80

64,001 to 66,000 1010 12, 001 to 14, 000 100

66,001 to 68,000 1025 14, 001 to 16,000 110

68,001 to 70,000 1045 16, 001 to 18,000 130

70,001 to 72,000 1060 18, 001 to 20,000 160

72,001 to 74,000 1080 20, 001 to 22, 000 165

74,001 to 76,000 1100 22 001 to 24, 000 185

76,001 to 78,000 ills 24, 001 to 26,000 205

78,001 to 80,000 1130 26,001 to 28,000 215

80, 001 and over Add 15 28,001 to 30,000 225

mills per 30,001 to 32,000 240

ton or 32, 001 to 34 000 276

fraction 34, 001 to 36,000 295

of ton 36,001 to 38,000 315

FLAT FEE TABLE "C" 38,001 to 40,000 335

Declared Combined40,001 to 42,000 355

Weight Groups Flat Fee42,001 to 44,000 385

Pounds) 44,001 to 46,000 420

0 to 6, 000 50 46,001 to 48,000 455

6, 001 to 8,000 100 48,001 to 50,000 485

8, 001 to 10, 000 145 50,001 to 52 000 515

10, 001 to 12, 000 170 52 001 to 54,000 535

12, 001 to 14, 000 210 54 001 to 56,000 550

14, 001 to 16, 000 235 56,001 to 58, 000 575

16, 001 to 18, 000 270 58,001 to 60,000 595

18, 001 to 20, 000 310 60,001 to 62, 000 615

20, 001 to 22, 000 345 62,001 to 64, 000 635

22, 001 to 24, 000 390 64,001 to 66, 000 655

24, 001 to 26,000 425 66,001 to 68, 000 670

68 001 to 70, 000 690

FLAT FEE TABLE "D" 70 001 to 72, 000 700

Declared Combined 72,001 to 74, 000 710

Weight Groups Flat Fee 74,001 to 76, 000 720

Pounds) 76, 001 to 78,000 730

0 to 6, 000 240 78, 001 to 80,000 740

6,001 to 8, 000 280 80, 001 and over Add 10

8,001 to 10, 000 330 mill per

10,001 to 12, 000 385 tan or

12, 001 to 14, 000 440 fraction

14, 001 to 16,000 495 of ton

16,001 to 18,000 560

18,001 to 20,000 625 MILEAGE TAX RATE TABLE "B"

20,001 to 22,000 690 Declared Combined Fee Rates

22,001 to 24,000 760 Weight Groups Per Mile

24,001 to 26,000 835 Pounds) Mills)

0 to 6, 000 100

Formerly 767 330, 1977 c 864 § 1, 1981 c 698 § 3, 1983 c 7276, 001 to 8,000 135

3, 7, 1985 c 196 2, 2a, 1985 c 209 § 14, 1987 c 899 §5] 8, 0018, 001 to 10,000 17 0

10, 001 to 12, 000 200

Note Section 12, chapter 899, Oregon Laws 1987 12, 001 to 14, 000 235

provides 14, 001 to 16, 000 270

1103

SUPERSEDED

767,825 UTILITIES. RAILROADS AND OTHER CARRIERS

16 001 to 18, 000 305 18,001 to 20,000 62518,001 to 20,000 335 20,001 to 22,000 69020,001 to 22,000 365 22,001 to 24,000 76022,001 to 24,000 400 24,001 to 26,000 83524,001 to 26,000 435

26,001 to 28,000 460 1987 c 899 § 12] 28,001 to 30,000 490

30.001 to 32, 000 530 Note Section 16, chapter 899, Oregon Laws 1987,

32, 001 to 34, 000 565provides

34,001 to 36,000 595 Sec 16 On January 1, 199036001 to 38000 620 1) The tax rate shown in ORS 767820 for motor98,001 to 40,000 650 vehicles using as a propulsion fuel any fuel other than gasoline40,001 to 42000 680 shall be increased by 1667 percent, rounded to the nearest42 001 to 44, 000 705 one -half mill for the mileage based tables and to the nearest $544 001 to 46,000 740 for the Oat fee tables46 001 to 48, 700 775

2) The tax rate for motor vehicles using as a propulsion48, 001 to 50,000 805fuel gasoline shall be determined by the Department of Trans - 50, 001 to 52, 000 A9 oportation based on appropriate deductions for fuel tax pay - 52 001

54, 001

to 54 000 870ments from the tax table for vehicles described in subsection

to 56 000 9051) of this section [ 1987 c 899 § 16156, 001 to 58 000 930

58, 001 to 60.000 950 767.825 Substitute taxes for certain60, 001 to 62, 000 970 vehicles. ( 1) In lieu of the fees prescribed In62, 001 to 64, 000 990 ORS 767 815, carriers may pay an annual fee on64, 001 to 66, 000 1010 each motor vehicle operated by them the com- 66,001 to 68, 000 1025 bined weight of which does not exceed 26,00068,001 to 70, 000 1045 pounds The fees may be paid on a quarterly basis70,001 to 72, 000 1060

on or before the first day of each quarter Quar- 72, 001 to 74000 1180terly periods shall commence January 1, April 1, 74, 001

76, 001

to

to

76, 100

78, 000

l0 0

July 1 and October 1 For operations commencing7$ 007 to 80,000

i 115

1130 after the beginninggin g of a quarter one -third the80,001 and over Add 15 amount of the quarterly payment shall be paid for

mills per each month or partial month remaining in theLon or quarter The fees shall be determined by finding

fraction the fee rate applicable to the appropriate com- of ton bined weight group appearing in flat fee tables

F LAT FEE TABLE "C" C° and " DDeclared Combined

2) A carrier may be relieved from payment ofWeight Groups Flat Feethe fee provided in subsection ( 1) of this section

Pounds) for any quarter on a motor vehicle which is not0

6,001

to

to

6,000

81000

S 25operated, if the identification plate or marker for

8,001 to 10,000

70

121 the motor vehicle is surrendered to the commis - 10,011 to 12,000 145 sion on or before the fifth day of the quarter for12, 001 to 14,000 180 which relief is sought

14, 011 to 16,000 200 3) In lieu of other fees provided in ORS16,001 to 18,000 235

767 815, carriers engaged in operating motor18,001 to 20,000 271vehicles in the transportation of logs, poles or21,001 to 22, 000 315

piling may pay annual fees for such operation22,001 to 24, 000 335

24,001 to 26,000 370 coinpcomputed as follows

FLAT FEE TABLE °D" a) One dollar and fifty cents for each 100Declared Combined pounds of declared combined weight on motor

Weight Groups Flat Fee vehicles using as a propulsion fuel gasoline onFounds) which has been paid to the State of Oregon the0 to 6,100 S 240 gasoline tax provided by law

6,001 to 8,000 281b) Four dollars and eighty cents for each 1008,001 to 10, 000 330

pounds of declared combined weight on those10,001

12 001

to

to

12 000

14, 000

385

motor vehicles using as a propulsion fuel any fuel14, 001 to 16,000

440

495 other than gasoline on which has been paid to the

16, 001 to 18,000 560 State of Oregon the gasoline tax provided by law

1104

SUPERSEDED


c) Any carrier electing to pay fees under thismethod may, as to vehicles otherwise exemptfrom taxation, elect to be taxed on the mileage

basis for movements of such empty vehicles overpublic highways whenever operations are for the

purpose of repair, maintenance, servicing or mov-

ing from one exempt highway operation toanother

4) The annual fees provided in subsections

3), ( 6) and ( 7) of this section may be paid on amonthly basis Any carrier electing to pay feesunder this method may not change an electron

during the same calendar year in which the election is made, but may be relieved from the payment due for any month on a motor vehicle whichis not operated A carrier electing -to pay feesunder this method shall report and pay these feeson or before the 10th of each month for the

preceding month' s operations A monthly reportshall be made on all vehicles on the annual fee

basis including any vehicle not operated for themonth

5)( a) In lieu of the fees provided in ORS767 805 to 767 815, motor vehicles with a combined weight of less than 46, 000 pounds and that

are being operated under a permit issued underORS 767 030 may pay annual fees for such operation computed as follows

A) One dollar and fifty cents for each 100pounds of declared combined weight on motor

vehicles using as a propulsion fuel gasoline onwhich has been paid to the State of Oregon thegasoline tax provided by law

B) Two dollars and ninety -five cents foreach 100 pounds of declared combined weight on

those vehicles using as a propulsion fuel any fuelother than gasoline on which has been paid to the

State of Oregon the gasoline tax provided by lawb) The annual fees provided in this subsec-

tion shall be paid in advance but may be paid on amonthly basis on or before the first day of themonth A carrier may be relieved from the feesdue for any month during which the motor vehicle is not operated for hire if a statement to thateffect is filed with the commission on or before

the fifth day of the first month for which relief issought

6) In lieu of other fees provided in ORS767 815, carriers engaged in the operation of

motor vehicles equipped with dump bodies andused in the transportation of sand, gravel, rock,

dirt, debris, cinders, asphaltic concrete mix, metallic ores and concentrates or raw nonmetallic

products, whether crushed or otherwise, moving

from mines, pits or quames may pay annual feesfor such operation computed as follows

a) One dollar and fifty cents for each 100pounds of declared combined weight on motor

vehicles using as a propulsion fuel gasoline onwhich has been paid to the State of Oregon the

gasoline tax provided by law

b) Two dollars and ninety -five cents for each100 pounds of declared combined weight on thosemotor vehicles using as a propulsion fuel any fuelother than gasoline on which has been paid to theState of Oregon the gasoline tax provided by law

c) Any carrier electing to pay fees under thismethod may, as to vehicles otherwise exempt fortaxation, elect to be taxed on the mileage basis for

movements of such empty vehicles over publichighways whenever operations are for the pur-

pose of repair, maintenance, servicing or moving

from one exempt highway operation to another. 7) In lieu of other fees provided in ORS

767 815, carriers engaged in operating motorvehicles in the transportation of wood chips may

pay annual fees for such operation computed asfollows

a) Four dollars for each 100 pounds ofdeclared combined weight on motor vehicles

using as a propulsion fuel gasoline on which hasbeen paid to the State of Oregon the gasoline tax

provided by law. b) Thirteen dollars for each 100 pounds of

declared combined weight on those motor vehi-

cles using as a propulsion fuel any fuel other thangasoline on which has been paid to the State ofOregon the gasoline tax provided by law

c) Any carrier electing to pay under thismethod may, as to vehicles otherwise exemptfrom taxation, elect to be taxed on the mileagebasis for movement of such empty vehicles overpublic highways whenever operations are for thepurpose of repair, maintenance, service or mov-

ing from one exempt highway operation toanother [ Formerly 767 335, 1975 c 692 §30, 1977 c 253 § 34, 1977 c 684 § 4, 1977c775§ 1, 1977c864§ 2, 1979c349§ 9,

1981 c 698 §4, 1983 c 338 § 974, 1983 c 400 § 1, 1983 c 679 §20,

1983 c 727 § §4a, 9, 1985 c 16 § 475, 1985 c 199 § 1, 1985 c 209

15, 1987 c 203 § 1, 1987 c 899 § 61

Note Section 13, chapter 899, Oregon Laws 1987, provides

Sec 13 On January 1, 1989, ORS 767 825, as amendedby ( section 1, chapter 203, Oregon Laws 1987), section 11, chapter 209, Oregon Laws 1985, and section 6 of this Act, is

further amended to read

767 825 ( 1) In lieu of the fees prescribed in ORS

767 815, carriers may pay an annual fee on each motor vehicleoperated by them the combined weight of which does notexceed 26, 000 pounds The fees may be paid on a quarterlybasis on or before the first day of each quarter Quarterlypenods shall commence January 1, April 1, July 1 and October

1105

SUPERSEDED


1 For operations commencing after the beginning of a quarterone -third the amount of the quarterly payment shall be paidfor each month or partial month remaining in the quarterThe fees shall be determined b) finding the fee rate applicableto the appropriate combined weight group appearing in Flat feetables " C" and "D "

2) 4 carrier may be relieved from payment of the feeprov ided in subsection ( 1) of this section for anv quarter on a

motor vehicle which is not operated, if the identification plate

or marker for the motor vehicle is surrendered to the commis-

sioner on or before the fifth day of the quarter for which reliefis sought

3) In lieu of other fees provided in ORS 767 815, earners

engaged in operating motor vehicles in the transportation of

lugs, poles or piling may pay annual fees for such operationcomputed as follows

a) One dollar and thirty -five cents for each 100 poundsof declared combined weight on motor vehicles using as apropulsion fuel gasoline on which has been paid to the State of

Oregon the gasoline tax provided by law

b) Four dollars and eighty cents for each 100 pounds ofdeclared combined weight on those motor vehicles using as apropulsion fuel any fuel other than gasoline on which has beenpaid to the State of Oregon the gasoline tax provided by law

c) Any carrier electing to pay fees under this methodmay, as to vehicles otherwise exempt from taxation, elect to be

taxed on the mileage basis for movements of such emptyvehicles ov er public highways whenever operations are for the

purpose of repair, maintenance, servicing or moving from oneexempt highway operation to another

4) The annual fees provided in subsections ( 3), ( 6) and

7) of this section may be paid on a monthly basis Any carrierelecting to paw fees under this method may not change anelection during the same calendar year in which the election is

made, but may be relieved from the payment due for anymonth oo a motor vehicle which is not operated A carrier

electing to pay fees under this method shall report and paythese fees on or before the 10th of each month for the

preceding month a operations A monthly report shall he made

on all vehicles on the annual fee basis including an) vehiclenot operated for the month

5)( a) In lieu of the fees provided in ORS 767 805 to

767 815, motor vehicles with a combined weight of less than

46, 000 pounds and that are being operated under a permitissued under ORS 767030 may pay annual fees for suchoperation computed as follows

A) One dollar and thirty -five cents for each 100 poundsof declared combined weight on motor vehicles using as apropulsion fuel gasoline an which has been paid to the State of

Oregon the gasoline tax provided by law

B) Two dollars and ninety -five cents for each 100pounds of declared combined weight on those vehicles using asa propulsion fuel any fuel other than gasoline on which hasbeen paid to the State of Oregon the gasoline tax prow ided b) law

b) The annual fees provided in this subsection shall he

paid in advance but may be paid on a monthly basis on orbefore the first day of the month A carrier may be relievedfrom the fees due for any month during which the motorvehicle is not operated for hire if a statement to that effect is

filed with the commissioner on or before the fifth de) of the

fast month for which relief is sought

6) In lieu of other fees provided in ORS 767 815 carriersengaged in the operation of motor vehicles equipped with

dump bodies and used in the transportation of sand, gravel, rock, dirt, debns, cinders, asphaltic concrete mix, metallic

ores and concentrates or raw nonmetallic products, whether

crushed or otherwise, moving from mines, pits or quarries maypa) annual fees for such operation computed as follows

a) One dollar and thirty -five cents for each 100 poundsof declared combined weight on motor vehicles using as apropulsion fuel gasoline on which has been paid to the State of

Oregon the gasoline tax prov ided by law

b) Two dollars and ninety -five cents for each 100pounds of declared combined weight on those motor vehicles

using as a propulsion fuel any fuel other than gasoline onwhich has been paid to the State of Oregon the gasoline tax

provided by law

c) Any carrier electing to pay fees under this methodmay, as to vehicles otherwise exempt for taxation, elect to be

taxed on the mileage basis for movements of such emptyvehicles over public highways whenever operations are for the

purpose of repair, maintenance, servicing or moving from oneexempt highway operation to another

7) In lieu ofother fees provided in ORS 767 815, carriers

engaged in operating motor vehicles in the transportation of

wood chips may pay annual fees for such operation computedes follows

a) Three dollars and fifty cents for each 100 pounds ofdeclared combined weight on motor vehicles using as a propulsion fuel gasoline on which has been paid to the State of

Oregon the gasoline tax prov ided by law

b) Thirteen dollars for each 100 pounds of declared

combined weight on those motor vehicles using as a propulsion fuel any fuel other than gasoline on which has been paid

to the Stale of Oregon the gasoline tax provided by law

c) Any carrier electing to pa) under this method may, asto vehicles otherwise exempt from taxation, elect to be taxed

on the mileage basis for movement of such empty vehiclesover public highways whenever operations are for the purpose

of repair, maintenance, service or moving from one exempthighway operation to another

Note Section 17, chapter 899, Oregon Laws 1987,

provides '

Sec 17 On January 1, 1990, the alternate flat fees foreach category of vehicle described in ORS 767 825 shall be

derived by multiplying the appropriate mileage tax rates bythe estimated average miles traveled by that category ofvehicle 11987c899§ 17]

767.830 Effect of carrier tax law onother taxes; offset of fees or taxes

erroneously paid. ( 1) The fees or taxes listedin ORS 767 815 to 767 825 shall be in addition to,

and not in lieu of, other fees and taxes of the state,

county or municipality which may be imposed, levied, assessed or collected against the businessor property of such carrier This section does notauthorize the imposition of license fees by municipalities upon intercity carriers, or deprive any

1106

SUPERSEDED


city within which a passenger motor vehicle,

having a seating capacity of not more than sevenpassengers, is principally operated for hire, fromimposing and collecting license fees upon andfrom such motor vehicle, or the owner or operator

thereof, as to such portion of its operations as are

wholly within the corporate limits of such city2) ORS 319 510 to 319 880 do not apply to

vehicles or fuels used therein when the vehicles

are subject to, and report and pay, the tax for theuse of Oregon highways based upon the combinedweight of the vehicle and in accordance with the

weight group rates prescribed in ORS 767 815 to767 825

3) When an audit of the operations of a

carrier shows that the use fuel taxes reported andpaid under ORS chapter 319 should have beenreported and paid under this chapter, or that feesor taxes reported and paid under this chapter

should have been reported and paid under ORS

chapter 319, the fees or taxes erroneouslyreported and paid under one chapter need not be

refunded but may be considered an offset of feesor taxes due under the other chapter [ Formerly7673401

767.835 Fees required of interstate

carriers. A person engaged exclusively in theconduct of interstate transportation shall cur-

rently pay to the commission the road tax mileagefees prescribed by ORS 767 815 to 767 830, 767 840, 767 850 and 767 855 [ Formerly 767 3451

767. 840 Due date of taxes and fees;

penalty; deficiency assessments; refund ofoverpayment; limitation on audit. ( 1) On or

before the last day of each month, except for thetime of payment provided in ORS 767 825 and

767 845, all persons shall report and pay to thecommission the amount of taxes and fees due

from them for the preceding calendar month Ifno taxes or fees are due, the report shall so stateIf payment is not made on or before such date, there shall be added as a late payment charge asum equal to 10 percent of the unpaid amount of

the tax

2) Whenever practicable, and in no event

later than three years after any report of taxes orfees is filed, the commission shall audit it if thecommission deems such audit practicable If the

commission is not satisfied with the report filed

or amount of taxes or fees, including fees fortemporary passes required under ORS 767 8052), paid to the state by any person, the commis-

sion may, not later than three years after thereport was fled or the taxes or fees were paid,

make a proposed assessment of additional taxes

or fees due from such person based upon any

information available to the commission Thereshall be added to each such assessment, as a latepayment charge, a sum equal to 10 percent of the

amount of additional taxes or fees due

3) Every such additional assessment shallbear interest at the rate of one percent per month,

or fraction thereof, from the last day of the monthfollowing the close of the month for which theadditional assessment is imposed until paid

4) If the additional assessment imposed

exceeds by at least five percent but not more than15 percent the amount of taxes or fees reported or

paid a penalty of five percent of the amount of theadditional assessment shall be added thereto in

addition to the 10 percent late payment chargeprovided in subsection (2) of this section

5) If the additional assessment imposed

exceeds by more than 15 percent the amount oftaxes or fees reported or paid, a penalty of 20percent of the amount of the additional assess-

ment shall be added thereto in addition to the 10percent late payment charge provided in subsection (2) of this section

6) The commission shall give to the personconcerned written notice of such additional

assessment

7) Except as provided in ORS 767 830 ( 3),

the commission shall refund to any person theamount of any overpayment caused by any incorrect report

8) Whenever the commission has made anassessment pursuant to this section which has

become final the commission may not reopen orreassess such taxes, interest or penalties unless

the commission is satisfied that the taxpayer

fraudulently or with intent to evade taxationdestroyed, concealed or withheld any books, accounts, papers, records or memoranda required

to be maintained by the taxpayer pursuant to thischapter or the rules of the commission. (Formerly767 355, 1975 c 692 § 31, 1981 c 554 § 14, 1985 c 111 § 11

767.845 Annual and quarterly reportsauthorized. ( 1) Whenever in the ,judgment ofthe commission the estimated annual tax payable

by a carrier will be less than $ 100, and thevehicles operated by the carrier are of less than30,000 pounds combined weight, the commission

may authorize the carrier to file reports annuallyin lieu of monthly reports required by ORS767 840 and 767 905 Annual reports and accom-

panying remittances shall be filed on or before thedue date of January 31 for the preceding calendaryear

2) Whenever in the judgment of the commis-

sion the estimated annual tax payable by a carrier

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under ORS 767 815 will be less than $ 2, 400, thecommission may authorize the carrier to filequarterly reports in lieu of monthly reportsrequired by ORS 767 840 and 767 905 Quarterlyreports and accompanying remittances due shallbe filed on or before the due date as follows. First

quarter, April 30, second quarter, July 31, thirdquarter, October 31, fourth quarter, January 31

3) Such authorizations may be withdrawn atany time upon the mailing of notice to the carrierat the last address of record of the carrier with the

commission Any provisions of ORS 767 840 and767 905 otherwise applicable to reports and

remittances shall be applicable to reports andremittances under this section [ Formerly 767 357, 1977 c 253 § 35, 1981 c 554 § 15]

767. 850 Assessment by commissionupon failure to report tax or fee due. ( 1) If

any person neglects or refuses to make a fee or taxreport as required by this chapter, the commission shall make a proposed assessment, based

upon any information available to the commission, for the period for which such person failedto make a report, of the amount of taxes and fees,

including fees for temporary passes requiredunder ORS 767 805 ( 2), due for the period forwhich such proposed assessment is made

2) Each assessment shall bear interest at therate of one percent per month, or fraction thereof,

from the last day of the month following the closeof the month for which the assessment is imposeduntil paid

3) There shall be added to every, such assessment a penalty of 25 percent of the amountthereof

4) The commission shall give to such personwritten notice of such assessment

5) Whenever the commission has made anassessment pursuant to this section which has

become final the commission may not reopen orreassess such taxes, fees, interest or penaltiesunless the commission is satisfied that the tax-

payer fraudulently or with intent to evade taxation destroyed, concealed or withheld any books, accounts, papers, records or memoranda required

to be maintained by a person subject to thischapter or the rules of the commission [ Formerly767360, 1977c253§ 36, 1981 c 554 § 16, 1985c 111 § 21

767.855 Reassessment waiver orreduction upon request; charge for failure

to appear at hearing. ( 1) Any person againstwhom an assessment is made under ORS 767 840or 767 850, may petition the commission for areassessment within 30 days after service uponthe person of notice If a petition is not filed

within the 30 -day period, the assessmentbecomes final If a petition for reassessment is

filed within the 30 -day period the commissionshall reconsider the assessment and, if the person

has requested in the petition, shall grant suchperson a hearing and give the person 10 days' notice of the time and place of the hearing Thecommission has power to continue the hearingfrom time to time as may be necessary Thedecision of the commission upon a petition forreassessment shall become final 30 days afterservice of notice upon the person concerned

2) The commission may waive or reduce theinterest and penalties provided in ORS 767 840

1), ( 2), ( 3), ( 4) or ( 5) or 767 850 ( 2) or ( 3) onthose terms as the commission considers proper if

request for waiver or reduction is made within 30days after service of notice of assessment uponthe person concerned, or as part of the pleas made

in the commission' s reconsideration of theassessment

3) Every assessment made by the commission under ORS 767 840 to 767 855 becomes dueand payable at the time it becomes final and if notpaid to the commission when due and payable

there shall be added to the assessment a penaltyof 10 percent of the amount of the tax

4) If any person who has requested a hearingpursuant to this section fails to appear at thescheduled hearing and failed to withdraw thepetition for reassessment at least five days before

the date of the hearing, the commission mayrequire such person to pay a charge of $150 inaddition to any other fees, taxes and chargeswhich may be imposed under this chapter [ For- merly 767 365, 1977 c 253 §37, 1979 c 627 § 1, 1981 c 554 § 17, 1985C 111 § 3]

767.860 Collection of fees, taxes andother moneys. All fees, taxes and charges

imposed by this chapter, all claims and penaltiespayable by any person under this chapter and allmoneys collected under this chapter, are the

property of the state The commission shall collect and receive all fees, taxes, penalties andmoneys due or to become due to the state under

this chapter and, to that end, shall bring suchactions or take such proceedings, includingattachment and garnishment proceedings, in the

name of the State of Oregon, as may be necessaryFormerly 767 3701

767.865 Warrant procedure for collect-

ing tax, fee, penalty or assessment. ( 1) If anytax, or fee in lieu of tax, reported due, or any finalassessment made by the commission under ORS767 840, 767 850 and 767 855, including anypenalties or charges therein imposed, or any final

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penalty imposed under ORS 767 470, is not paidin full, the commission may issue a warrant underthe commission' s official seal directed to thesheriff of any county of the state commanding thesheriff to levy upon and sell the real and personalproperty of the taxpayer found within thatcounty, for payment of the amount thereof, withthe added penalties or charges, interest and the

cost of executing the warrant, and to return suchwarrant to the commission and pay to the commission the money collected by virtue thereof bya time to be specified therein, not less than 60days from the date of the warrant

2) The sheriff shall, within five days afterthe receipt of the warrant, record with the clerk of

the county a copy thereof, and thereupon theclerk shall enter in the County Clerk Lien Recordthe name of the taxpayer mentioned in the war-

rant, and the amount of the tax or portion thereof

and penalties or charges for which the warrant is

issued and the date when such copy is recordedThereupon the amount of the warrant so

recorded shall become a hen upon the title to and

interest in property of the taxpayer against whomit is issued in the same manner as a judgment dulydocketed

3) The sheriff thereupon shall proceed upon

the same in all respects, with like effect and in the

same manner prescribed by law in respect toexecutions issued against property upon judg-

ment of a court of record, and shall be entitled tothe same fees for services in executing the warrant, to be added to and collected as a part of the

warrant liability4) In the discretion of the commission, a

warrant of like terms, force and effect to levyupon funds of the taxpayer in possession of the

Department of Revenue may be issued anddirected to any agent authorized by the commission to collect taxes payable under this chapter,

and in the execution thereof the agent shall haveall of the powers conferred by law upon sheriffsbut is entitled to no fee or compensation in excessof actual expenses paid in the performance of

such duty [ Formerly 767 375, 1983 c 696 § 29]

767.870 Deposit or bond to secure payment of fees, taxes, charges and penalties.

1) If the commission finds it necessary in orderto insure the collection of any fees, taxes, chargesor penalties imposed upon a carrier pursuant to

this chapter, the commission may at the time andas a condition of granting a certificate or permit,

or continuing the same, or as a condition ofissuing a motor vehicle registration device, require a carrier to deposit and keep on depositwith the commission a sum in an amount deter-

mined proper by the commission, taking intoaccount the nature and scope of the carrier' s

operations The deposit required may beincreased or reduced by the commission at anytime In determining the necessity for an applicant or carrier to maintain a deposit the commission shall consider the applicant or carrier' s

financial capability and responsibility and thecommission' s prior experience, if any, in collect-

ing fees, taxes, charges or penalties from theapplicant, carrier or any person having a substantial interest or control, directly or indirectly, in orover the operations conducted or to be conducted

under the carrier' s authority

2) To secure payment of sums payable by thecarrier the commission may accept in lieu of suchdeposit

a) A bond in the form prescribed by thecommission, or

b) Bonds, negotiable by delivery, of the Stateof Oregon, school districts therein, or obligations

of the United States, or obligations for which thefaith of the United States is pledged for thepayment of both principal and interest, equal in

amount to the amount of the requested deposit

3) So long as the deposit remains unencum- bered the depositor is entitled to collect theinterest upon the securities described in paragraph ( b) of subsection ( 2) of this section Thecommission shall hold the securities upon such

terms as the commission shall designate andapprove pursuant to the provision of this chapter,

and shall deliver such securities to the StateTreasurer, who shall receive and hold them subject to the lawful orders of the commission The

State Treasurer and the surety of the treasurershall be liable upon the official bond of the

treasurer for their safekeeping The depositorsshall reimburse the State Treasurer for anyexpenses incurred by the treasurer in the mailing, insuring, shipping or delivering of any suchsecurities, or of the interest coupons attached

thereto as they mature

4) If a carrier ceases to be a carrier under thischapter, within a reasonable time of the receipt

by the commission of all payments due, thecommission shall refund or have returned to thecarrier all deposits and securities remaining tothe carrier's credit and shall release the surety onany bond given under this section

5) Any applicant or carrier required underthis section to make a deposit to secure thepayment of fees, taxes, charges or penalties mayby proper petition demand a hearing on thenecessity of such deposit or the reasonableness ofthe amount required A hearing shall be granted

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SUPERSEDED


and held within 10 days after the demand therefor The decision of the commission shall becomefinal 10 days after service of the order upon theapplicant or carrier concerned ( Formerly 767 380, 1975 c 692 § 321

767. 875 Use of collection agency toobtain moneys due. ( 1) In carrying out theduties under ORS 767 860, the commission mayengage the services of a collection agency tocollect any of the fees, taxes, penalties and moneys due to the state under this chapter The

commission may engage the services by enteringinto agreements to pay reasonable charges on acontingent fee or other basis

2) The commission may assign to the collection agency, for collection purposes only, any ofthe fees, taxes, penalties and moneys due thestate under this chapter

3) The collection agency may bring suchactions or take such proceedings, includingattachment and garnishment proceedings, as maybe necessary [ Formerly 767 390)

767. 880 Writing off uncollected moneys due. ( 1) Any fee, tax, penalty or money duethe state assigned to a collection agency pursuantto ORS 767 875 that remains uncollected for twoyears after the date of such assignment meets the

criteria for uncollectibility formulated pursuantto ORS 293 240, and may be assigned to theSecretary of State

2) ORS 293 245 applies to any fee, tax, penalty or money due the state assigned to theSecretary of State pursuant to subsection ( 1) ofthis section. [ 1971 c 655 § 226 1977 c 253 6381


767 885 [ 1971 c 655 § 227, repealed by 1977 c 253 § 431

767 890 [ 1971 c 655 6228, repealed by 1977 c 253 § 431

767.895 Regulation of mileage records,

distinguishing marks. The commission may1) Prescribe such methods and means as the

commission determines to be necessary forchecking, verifying and ascertaining the numberof miles traveled by each motor vehicle operatedby common carrier, contract carrier and privatecarrier and insure that the mileage charged for iscomputed on basis of extreme mileage traveled

2) Prescribe distinguishing marks, such assigns, colors, lights, tags and plates as may beconvenient or necessary for distinguishing classesof carriers or for protective or regulatory purposes, but not inconsistent with the Oregon Vehi- cle Code [ 1971 c 655 § 229, 1985 c 16 § 472]

767 900 11971 c 655 §230, repealed by 1977 c 253 § 431


767. 905 Daily records and monthlyreports by carriers. ( 1) Every common carrier, contract carrier and private carrier shall

keep daily records, upon forms prescribed by thecommission, of all vehicles used during the current month

2) On or before the last day of the monthfollowing, except as otherwise permitted underORS 767 845, they shall certify to the commission, upon forms prescribed therefor, the true and

correct summaries of their daily records whichshall show the extreme miles traveled in this state

during the preceding month, the amount of fueltax paid to the state during the preceding month, and such other information as the commission

may require

3) The daily records shall be kept on file inthe office of the carrier and thereafter preserved

until written permission for their destruction is

given by the commission [ Formerly 767 6601

PENALTIES

767.990 Penalties. Every person whoviolates or procures, aids or abets violation of this

chapter and any person who refuses or fails toobey any order, decision or rule, made under orpursuant to this chapter, shall be punished, upon

conviction, by a fine of not less than $10 nor morethan $1, 000 or by imprisonment in the county jailfor not more than three months, or both. Circuitcourts, district courts and ,justices of the peaceshall have concurrent jurisdiction of offensespunishable under this section [ Amended by 1971c 655 § 194, 1977 c 253 § 391

767 992 ( 1971 c 655 §231, repealed by 1977 c 253 § 431

767.993 Penalty for violation of hazardous waste regulations. ( 1) A person is

subject to the penalties under this section if the

person knowingly

a) Transports any hazardous waste listedunder ORS 466.005 or rules adopted thereunderto a facility that does not have appropriateauthority to receive the waste under ORS 466 005to 466 385 and 466 890

b) Disposes of any hazardous waste listedunder ORS 466 005 or rules adopted thereunder

without appropriate authority under ORS466 005 to 466 385 and 466 890

c) Materially violates terms of any permit orauthority issued to the person under this chapteror ORS 466 005 to 466 385 and 466 890 in thetransporting or disposing of hazardous waste

1110

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d) Makes any false material statement orrepresentation in any application, label, man- ifest, record, report, permit or other documentfiled, maintained or used for purposes of compliance with requirements under this chapter forthe safe transportation of hazardous wastes

e) Fails to include material information

required under rules of the commission in any

application for any permit or authority to transport hazardous waste under this chapter

f) Violates any rules adopted by the commission concerning the transportation of hazardouswastes

2) Violation of this section 1s subject to the

penalty of a fine of not more than $ 10, 000 foreach day of violation, imprisonment of not morethan six months, or both [ 1981 c 680 441

1111

SUPERSEDED


1112

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Chapter 768


1987 reprint)

Logging Road Companies

Note 768 010, 768 020 and 768 030 repealed by 1971 768 410 768 420, 768 430, 768 440 768 450 and 7b8 4b0

c 655 § 250 repealed bN 1953 c 185 92

768110, 768120, 768130, 768140, 768150, 768160, 768 170 [ Amended b) 1957 c459 § 11, repealed by

768 180, 768 190, 768 200, 768 210, 768 220, 768 230, 768 240, 1957 c 472 § 11768 250, 768 260, 768 270, 768 280, 768 290, 768 300, 768 310,

768 320 and 768 330 repealed by 1957 c 472 § 1

1113

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1114

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Chapter 769


1997 reprint)

Water Carriers

Note 769 010, 769 020, 769 030, 709 040, 769 050,

769 060, 769 070, 769 080 ( amended by 1957 c 459 § 12), 769 090 and 769 990 repealed by 1961 c 921 § 1

1115

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180[. 1

SUPERSEDED

Chapter 770


1987 reprint)

Carriage of Livestock

Note 770 010, 770 020, 7,70 090, 770 040, 770 050, 770 240 [ Amended by 1971 c 743 § 429, repealed by770 060, 770 010, 770 080, 770 220 and 770 250 repealed by 1971 c 655 § 250 Renumbered 133 37911971 c 655 § 250

770 210 [ Amended by 1971 c 743 § 427, repealed by 770 260 [ Amended by 1971 c 743 § 430, repealed by1971 c 655 § 250 Renumbered 133 375] 1971 c 655 § 250 Renumbered 156 7051

770 230 [ Amended bl 1971 c 743 § 428, repealed by1971 c655 §250 Renumbered 1.13 3771

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1718

SUPERSEDED

Chapter 771


1987 reprint)

Liability of Carriers

771 010 Duty of carrier to issue bill of lading on 771 990 Penallyintrastate shipments, liability of carrier toholder for damage to shipment

CROSS REFERENCES771 020 Limitations on carrier *s power to act time

for filing of claim or starting action Rills of lading, Ch 77771040 Prohibitions

771 060 Existing remedies not affectedCommercial paper, Ch 73

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1120

SUPERSEDED

LIABILITY OF CARRIERS 771.990

771 010 Duty of carrier to issue bill oflading on intrastate shipments; liability ofcarrier to holder for damage to shipment.

1) Any common carrier, railroad or transportation company receiving property for transportation wholly within this state, from one point inthis state to another point in this state, shall issue

in accordance with the applicable provisions of

ORS 77 1010 to 77 6040 a receipt or bill of ladingtherefor, and shall be liable to the lawful holder

thereof for any loss, damage or injury to suchproperty caused by it, or by any common carrierto which such property may be delivered, or overwhose line or lines such property may pass, whentransported on a through bill of lading No contract, receipt, rule, regulation or other limitation

of any character whatsoever shall exempt such

common carrier, railroad or transportation com-

pany from such liability2) Any common carrier, railroad or trans-

portation company so receiving property fortransportation wholly within this state shall beliable to the lawful holder of such receipt or bill oflading, or to any party entitled to recover thereon, whether such receipt or bill of lading has beenissued or not, for the full actual loss, damage orinjury to such property caused by it, or by anycommon carrier to which such property may bedelivered, or over whose line such property maypass when transported on a through bill of lading, notwithstanding any limitation of liability orlimitation of the amount of recovery, or representation or agreement as to value in any suchreceipt or bill of lading, or in any contract, rule orregulation, or in any tariff filed with the PublicUtility Commission, and any such limitation, irrespective of the manner or form in which it issought to be made, is unlawful and void

3) The provisions of subsection ( 2) of thissection respecting liability for full actual loss, damage or injury, shall not apply

a) To baggage carried on passenger trains orboats, or trains or boats carrying passengers

b) To property, except ordinary livestock, concerning which the carrier is expressly authorized or required by order of the Public UtilityCommission to establish and maintain ratesdependent upon the value declared in writing bythe shipper or agreed upon in writing as thereleased value of the property " Ordinary livestock" includes all cattle, swine, sheep, goats, horses and mules, except such as are chiefly usedfor breeding, racing, show purposes or other special uses

4) The commission may make the orderreferred to in paragraph ( b) of subsection ( 3) ofthis section in cases where rates dependent uponand varying with declared or agreed values would, in the opinion of the commission, be just andreasonable under the circumstances and condi-

tions surrounding the transportation Any tariffschedule filed with the commission pursuant tosuch order shall contain specific reference thereto

and may establish rates varying with the value sodeclared and agreed upon [ Amended by 1961 c 726

4261

771.020 Limitations on carrier' s

power to set time for filing of claim orstarting action. No common carrier, railroad ortransportation company referred to in ORS771 010 shall provide by rule, contract, regulationor otherwise a shorter period for filing claimsdescribed in ORS 771 010 than the following

1) Nine months after delivery of property ornine months after reasonable time for deliveryhas elapsed for filing of claims in writing

2) Two years for the institution of suits Theperiod for institution of suits shall be computed

from the day when notice is given by the carrierto the claimant that the carrier has disallowed allor any part of the claim specified in the noticeAmended by 1983 c 198 § 7]

771 030 [ Repealed by 1961 c 726 § 4271

771.040 Prohibitions. No common carrier subject to this chapter, its director or officer,

receiver, trustee, lessee, agent or person acting foror employed by it, shall, alone or with any otherperson, wilfully do or cause to be done, orwillingly suffer or permit to be done, any act, matter or thing prohibited or declared to beunlawful in this chapter, or aid or abet therein, or

wilfully omit or fail to do any act, matter or thingrequired to be done by this chapter or cause orwillingly suffer or permit any act, matter or thingso directed or required by this chapter to be done, or not to be so done, or aid or abet any suchomission or failure

771. 050 Existing remedies not

affected. Nothing in this chapter shall depriveany holder of a receipt or bill of lading of anyremedy or right of action which the holder hasunder existing law

771.990 Penalty. Violation of ORS

771 040 is punishable, upon conviction, by a fineof not more than $5, 000 for each offense

1121

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1122

SUPERSEDED

Chapter 772


1987 reprint)

Rights of Way for Public Uses

CONDEMNATION OF PROPERTY BY PRIVATE

Definitions for ORS 772 610 to 772 625

CORPORATIONS GENERALLY

772 010 Right of entry for survey of proposed right

applicability of ORS chapter 35

of way

772 015 Condemnation of lands for rights of way

Route proposal to be adopted and filed prior

and necessary facilities

772 020 Condemnation of additional land for railway purposes

772 025 Necessity of approval of Public UtilityCommission before railroad may cross orconnect with another railroad

772 030 Condemnation of right of way through canyon or pass for joint use by railroads

772 035 Acquisition of water rights by corporationsfor canal, irrigation, domestic or stock purposes

772 040 Condemnation rights of pipe corporations

772 045 Right to cut timber and build aqueducts

772 050 Condemnation of riparian rights and forreservoirs

772 055 Condemnation procedure

772 060 Condemnation rights for change of grade orlocation of railway, canal or pipes

772 065 Appropriation of county road or propertyin lieu thereof by agreement with countycourt

772 070 Procedure on dispute between county andcorporation

APPROPRIATION OF PUBLIC LANDS FORRAILROADS

772 105 Authority to appropriate

CONDEMNATION BY PUBLIC UTILITIES ANDELECTRICAL COOPERATIVE ASSOCIATIONS


772 210 Right of entry and condemnation of landsfor construction of service facilities

772 215 Appropriation of public lands

CONDEMNATION FOR DRAINAGE ORIRRIGATION

772 305 Condemnation of right of way for drainageor irrigation

772 310 Right to enlarge existing irrigation system

CONDEMNATION BY CORPORATIONS FORREDUCTION OF ORES, MINING, QUARRIES, LUMBERING AND TRANSPORTATION OF

MINING PRODUCTS

772 405 Condemnation by corporations for reduction of ores

772 410 Right of entry and condemnation by mining, quarrying and lumber corporations

772 415 Public benefit and use of facilities constructed under ORS 772 410

772 420 Condemnation for transportation of minerals, conditions of reversion

CONDEMNATION BY PIPELINE AND GASCORPORATIONS


772 510 Right of entry and condemnation bypipeline corporations

772.515 Regulations concerning location of pipes

772. 520 Resolution to be adopted and filed prior tocondemnation showing route and termini ofpipeline

CONDEMNATION FOR UNDERGROUND

NATURAL GAS STORAGE


772 615 Condemnation for underground reservoirs, applicability of ORS chapter 35

772. 620 Placement of pipeline facilities

772 625 Route proposal to be adopted and filed priorto condemnation action

CROSS REFERENCES

Acquisition of utility land by Department of Transportation, 366 332 and 366 333

Approval of planning commission or governing body of city orcounty required before creating street or road to parti- tion land, 92 014

Cemetery lands exempt from condemnation, 61 755

Condemnation of private property not permitted withoutcompensation, Const An XI, §4, Coast An I. § 18

Department of Transportation, acquisition of rights of way, 366 320 to 366 335

Lis pendens, necessity for filing in action or suit affectingland, 93 740

Navigable streams, Imes or bridges across, construction whenauthorized by State Land Board, 376 620

Oil and gas production tax, Ch 324

Overhead transmission lines, certificate of public necessity, 758 015

People' s utility districts, rights ofway on public lands, 261 305

Public uses for which private property may be condemned, Const Art 1, § 18

Structure, pipeline, ditch, cable or wire on right of way of statehighway or county road, necessity for permission, 374 905 to 374 325

Tide and submerged land, easements and licenses across, 274 040

772 015

Acquisition of railway right of way by Department of Trans- portation, 366335

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SUPERSEDED


772 020

Clearing railroad right of way pf debris on forest lands477 685

Fences and crossings on railroad right of way, 608 310

Highways, through. interference with railroad facilities, 374 020

Railroad crossings, Ch 763

Railroads crossing each other, determination of method ofcrossing, 763 180 to 763 200

Side lines and extensions, procedure for construction, 760 060

State lands, right of way over, 273 751

W ater rights condemnation for railroad purposes, 537 310

772 210

Condemnation for municipal telephone systems 225 130 to

225160

772 305

Drainage districts condemnation of land, 547 305

772 410

Logging railroads, acquisition of right of way, 376 505 to376 540

772 505 to 772 625

Oil and gas production tax Ch 324

1124

SUPERSEDED

RIGHTS OF WAY FOR PUBLIC USES 772. 035

CONDEMNATION OF PROPERTY BYPRIVATE CORPORATIONS

GENERALLY

772 005 ( Repealed by 1971 c 655 § 250]

772. 010 Right of entry for survey ofproposed right of way. A corporation organized for the construction of a railway, or canal orof any ditch or flume for the conducting of waterfor irrigation or domestic purposes, or for thepurpose of selling water to the public for general

purposes for public use, or for conducting waterby means ofpipe laid upon or under the surface ofthe ground; or desiring to use electrical power inthe operation of any railway, shall have a right toenter upon any land, between the termini thereofor elsewhere, for the purpose of examining, locating or surveying the lines of such electric or otherrailway, canal, ditch, flume or pipeline, for thePurpose Of surveying or measuring any lands orrights appurtenant thereto needed for such pur-

poses, doing no unnecessary damage therebyAmended by 1971 c 655 § 2321

772,015 Condemnation of lands forrights of way and necessary facilities. Anycorporation mentioned in ORS 772 010 may condemn so much land as may be necessary for thelines of such railway, canal, ditch, flume orpipeline, not exceeding 100 feet in width, besidesa sufficient quantity of land for toolhouses, workshops, materials for construction, timberexcepted, and a right through such adjacent landto enable such corporation to construct andrepair its lines, poles, towers, wires, undergroundwires, supports and necessary equipment, railway, canal, ditch, flume or other pipeline, and tomake proper drains [ Amended by 1971 c 055 §283]

772.020 Condemnation of additionalland for railway purposes. ( 1) Any railwaycorporation mentioned in ORS 772 010 may condemn a sufficient quantity of land in addition tothat specified in ORS 772 015, for necessarysidetracks, spur tracks and laterals reasonablynecessary for manufacturing establishments, alsofor depot and water stations, cuttings andembankments, and for the proper constriction, security and convenient operation of its road

2) Any such railway corporation may cross, intersect, loin and unite its railway with anyother railway at any point in its route, and uponthe grounds of such other railway corporation, and make the necessary turnouts, sidings, switches and other conveniences in furtherance

of the object of its connection and may condemnto make such crossings The railway which is or

may be intersected by new railways, may unitewith the owners of such new railways in formingthe intersection and connection, and grant thefacilities mentioned in this subsection

772. 025 Necessity of approval of Pub- lic Utility Commission before railroad maycross or connect with another railroad. ( 1) Whenever any railroad corporation, authorizedby ORS 772 020 to condemn the right to cross orconnect with any other right of way or constructed line of railroad, is unable to agree withthe owner of the line which it desires to cross, itmay apply to the Public Utility Commission inthe manner provided by ORS 763 180 to 763. 200

2) Upon such application and upon noticeand hearing as provided in ORS 756 500 to756 610, the commission shall determine theright to crossing, intersection or connection, themode and manner thereof and the compensationto be paid therefor

3) No agreement for the crossing of onerailroad by another shall be valid without theapproval of the commission [ Amended by 1971 c 655

2341

772.030 Condemnation of right of waythrough canyon or pass for joint use byrailroads. (1) Any railroad company whose rightof way passes through any canyon, pass or defileshall not prevent any other railroad companyfrom the use and occupancy of said canyon, passor defile for the purpose of its railroad in commonwith the railroad first located

2) Any railroad company authorized by lawto condemn property for right of way or any othercorporate purpose, may commence an action forcondemnation of a right of way through anycanyon, pass or defile for the purpose of itsrailroad, where right of way has already beenlocated, condemned or occupied by some otherrailroad company through such canyon, pass ordefile for the purpose of its railroad

3) Thereupon like proceedings shall be hadas are provided by the laws of this state for thecondemnation of land for right of way and otherrailroad purposes. At the time of rendering judgment for damages, the court or judge thereof shallenter a judgment or decree authorizing the railroad to occupy and use the right of way, roadbedand track, if necessary, in common with therailroad company already occupying or owningthe same, and defining the terms and conditionsupon which the same shall be so occupied andused in common

772. 035 Acquisition of water rights bycorporations for canal, irrigation, domestic

1125

SUPERSEDED


or stock purposes. Any corporation organizedin whole or in part for the construction of a canal

for navigating or manufacturing purposes or ofany ditch or flume for the purpose of conveyingwater for irrigating, domestic or stock purposesmay condemn such waterways, water rights orprivileges, or otherwise acquire established water

rights or privileges, or those initiated by performing any acts required, provided or permitted bylaw, as may be necessary or convenient for thepurpose of supplying, operating, constructing or

maintaining the same

772.040 Condemnation rights of pipe

corporations. Except in cities, any corporationorganized for conducting water by means of pipelaid upon or under the surface of the ground may,

so far as may be necessary for the laying andkeeping in repair its water pipes, condemn the useof so much land as may be necessary, and maymake whatever cuts and excavations as soon as

practicable after condemnation

772. 045 Right to cut timber and build

aqueducts. Any railway corporation mentionedin ORS 772 010 may cut down any standingtimber in danger of falling upon its line or railway, making compensation therefor as providedin ORS 772 055 for lands taken for the use of thecorporation [ Amended by 1971 c 655 § 2351

772.050 Condemnation of riparian

rights and for reservoirs. Any corporationmentioned in ORS 772 010 may also condemn

1) The rights of riparian proprietors in anylake or stream, to enable such corporation to

develop, manufacture or furnish electrical energyfor the operation of any railway in this state

2) Lands for the sites of reservoirs for stor-

ing water for future use, and for rights of way forfeeders carrying water to reservoirs, and forditches, canals, flumes or pipelines carrying thesame away [ Amended by 1971 c 655 § 236]

772. 055 Condemnation procedure. Nocondemnation of private property shall be madeunder ORS 772 010 to 772 020 or 772 030 to772 050 until compensation is made to the owner

thereof, irrespective of any increased value

thereof by reason of the proposed improvementby such corporation', in the manner provided inORS chapter 35

772.060 Condemnation rights forchange of grade or location of railway,

canal or pipes. Any corporation may change thegrade or location of its railway, canal or pipes forthe purpose of avoiding annoyances to publictravel or dangerous or deficient curves or grades, or unsafe or unsubstantial grounds or foundation,

or for other like reasonable causes For theaccomplishment of such change it has the same

right to enter upon, examine, survey and appro-

priate the necessary lands and materials as in theoriginal location and construction of such rail-

way, canal or water pipes [ Amended by 1971 c 6552371

772. 065 Appropriation of county road

or property in lieu thereof by agreementwith county court. (1) Whenever it is necessaryfor any corporation mentioned in ORS 772 010 toappropriate all or part of any county road or

highway for right of way, the corporation mayappropriate so much of the road as may benecessary, and in lieu thereof may condemn orotherwise acquire property contiguous to or asnear adjacent to the road as possible in an amount

equal to the property to be appropriated

2) Upon construction by the corporation of acounty road or highway on the property soacquired in a manner conformable in the materialcharacter of the construction of said highwaysappropriated and upon the same grade or such

other grade as may be agreed upon by the corporation and the county court or board of countycommissioners of the county in which the road islocated, and upon the acceptance by the countycourt or board of such newly 'constructed road, and -on the conveyance of same to the county, thecorporation shall then become the owner and

entitled to the possession of so much of the

county road or highway so appropriated3) ORS 772 065 and 772 070 do not apply to

roads or streets within any platted or incorpo-

rated city or town, or any addition thereto

772.070 Procedure on dispute betweencounty and corporation. ( 1) If the countycourt or board of county commissioners and corporation cannot agree upon the matters of appro-

priation under ORS 772 065, the dispute shall bereferred to the Public Utility Commission

2) The commission, after notice and hearing, shall by order determine the terms and conditions upon which the corporation may

appropriate the county road or highway [ Amendedby 1971 c 655 § 2381

APPROPRIATION OF PUBLIC LANDSFOR RAILROADS

772 100 [ Repealed by 1971 c 655 § 250]

772. 105 Authority to appropriate. ( 1) When it is necessary or convenient in the locationof any railway to appropriate any part of anypublic road, street, alley or public grounds notwithin the corporate limits of a municipal corpo-

1126

SUPERSEDED

RIGHTS OF WAY FOR PUBLIC USES 772.215

ration, the county court of the county whereinsuch road, street, alley or public grounds is

located, may agree with the corporation constructing the road, upon the extent, terms andconditions upon which the same may be appropriated or used, and occupied by such corporation If the parties are unable to agree, thecorporation may appropriate so much thereof asis necessary and convenient in the location andconstruction of the road

2) Whenever a private corporation is author-

ized to appropriate any public highway orgrounds as mentioned in subsection ( 1) of this

section, within the limits of any town, whetherincorporated or not, such corporation shall locate

their road upon such particular road, street, alleyor public grounds, within such town as the local

authorities designate if the local authorities failto make such designation within a reasonable

time when requested, the corporation may makesuch appropriation without reference thereto

Amended by 1971 c 655 § 2, 191

772 110 [ Repealed by 1971 c 655 § 2501

772 115 [ Repealed by 1971 c 655 § 2501

772 120 [ Repealed by 1971 c 651 $250]

772 125 [ Amended b% 1953 c 160 § 3, repealed by 1971c 655 § 2501

772 130 [ Repealed by 1971 c 655 § 2501

772 135 [ Repealed by 1971 t 655 § 2501

772 140 [ Repealed by 1971 c 655 § 2501

772 145 [ Repealed by 1971 c 655 4250]

772 150 [ Repealed by 1971 c 655 § 2501

772 155 [ Repealed by 1971 c 655 § 2501

772 160 [ Repealed by 1971 c 655 § 2501

CONDEMNATION BY PUBLICUTILITIES AND ELECTRICAL

COOPERATIVE ASSOCIATIONS

772. 205 Definitions for ORS 772. 210and 772.215. As used in ORS 772 210 and772 215, unless the context requires otherwise

1) " Electrical cooperative association" means a cooperative association which is subject

to a tax on gross revenue derived from the use oroperation of transmission and distribution linespursuant to ORS 308 805 to 308 820

2) " Public utility" has the meaning giventhat term in ORS 757 005

3) " Service facilities" include any line, wire, pipe, conduit, main, pump, pole, tower, fixture, structure, shop, office or building for any use orpurpose reasonably necessary and incident to the

conduct of the business of a public utilityAmended by 1971 c 655 § 240, 1977 c 225 § 11

772. 210 Right of entry and condemnation of lands for construction of servicefacilities. ( 1) Any public utility or electricalcooperative association may

a) Enter upon lands within this state for the

purpose of examining, locating and surveying theline thereof and also other lands necessary andconvenient for the purpose of construction of

service facilities, doing no unnecessary damagethereby

b) Condemn such lands not exceeding 100feet in width for its lines ( including poles, towers, wires, supports and necessary equipment therefor) and in addition thereto, other lands necessary and convenient for the purpose ofconstruction of service facilities, and if the lands

are covered by trees which are liable to fall andconstitute a hazard to its wire or line, any publicutility organized for the purpose of building, maintaining and operating a line of poles andwires for the transmission of electricity for lighting or power purposes, may condemn such treesfor a width not exceeding 300 feet, as may benecessary or convenient for such purpose

2) Notwithstanding subsection ( 1) of thissection, any public utility or electrical cooper-

ative association may, when necessary or convenient for transmission lines ( Including poles, towers, wires, supports and necessary equipmenttherefor) designed for voltages in excess of330,000 volts, condemn land not to exceed 300feet In width In addition, if the lands are coveredby trees which are liable to fall and constitute ahazard to its wire or line, such public utility maycondemn such trees for a width not exceeding 100feet on either side of the condemned land, as maybe necessary or convenient for such purpose

3) Notwithstanding subsection ( 1) of thissection, a water or gas public utility may condemn such ]ands, not exceeding 50 feet in width, as may be necessary or convenient for purposes ofconstructing, laying, maintaining and operatingIts Imes, Including necessary equipment therefor

4) The proceedings for the condemnation ofsuch lands shall be the same as that provided inORS chapter 35, provided that any award shallInclude, but shall not be limited to, damages for

destruction of forest growth, premature cutting oftimber, and diminution in value to remainingtimber caused by Increased harvesting costsAmended by 1963 c 138 § 1 1971 c 655 § 241, 1977 c 225 § 21

772. 215 Appropriation of public lands. When it is necessary or convenient, in the loca-

1127

SUPERSEDED


tion of any poles or lines mentioned in ORS772210, to appropriate any part of any public

road, street, alley or public grounds not within thecorporate limits of any municipal corporation, the county court or board of county commissioners of the county within which such road, street, alley or public grounds is located, mayagree with the public utility or electrical cooperative association upon the extent, terms and

conditions upon which the same may be appropriated or used and occupied by such corporationIf such parties are unable to agree, the public

utility or electrical cooperative association maycondemn so much thereof as is necessary andconvenient in the location and construction of

the poles or lines The provisions of ORS chapter35 are applicable to condemnations under thissection [ Amended by 1971 c 655 § 242, 1971 c 741 § 24, 1977c 225 § 3]

772 220 [ Repealed by 1971 c 655 9250]

CONDEMNATION FOR DRAINAGE ORIRRIGATION

772. 305 Condemnation of right of wayfor drainage or irrigation. ( 1) The United

States, the state, or any person, firm, cooperativeassociation or corporation, shall have the right of

way across and upon public, private and corporate lands or other rights of way, for the construction, maintenance, repair and use of all necessary

reservoirs, dams, water gates, canals, ditches, flumes, tunnels, pipelines or other means of

securing, storing and conveying water for irrigation or for drainage, or any other beneficial purpose, upon payment of lust compensation

therefor

2) But such right of way shall in all cases beso constructed, obtained, located and exercised in

a manner consistent with proper and economical

and engineering construction, so as not tounnecessarily impair practical use of any other

right of way, highway or public or private road, nor to unnecessarily injure any public or private

property

3) Such right may be acquired in the mannerprovided by law for the taking of private propertyfor public use

772.310 Right to enlarge existing irrigation system. ( 1) When the United States, thestate, or any person, firm or corporation desiresto convey water for irrigation, drainage or for anyother beneficial purpose, and there is a canal or

ditch already constructed that can be enlarged toconvey the required quantity of water, then theUnited States, the state, or any such person, firmor corporation, or the owner or owners of the land

through which a new canal or ditch would have to

be constructed to convey the quantity of waternecessary, may enlarge the canal or ditch alreadyconstructed, by compensating the owner of thecanal or ditch to be enlarged for the damages, if

any, caused by the enlargement

2) The enlargement may be made at anytime between October 1 and March 1, but not anyother times, unless upon agreement in writing

with the owner or owners of the canal or ditch

772 315 ( Repealed by 1971 c 655 § 2501

CONDEMNATION BY CORPORATIONS

FOR REDUCTION OF ORES, MINING, QUARRIES, LUMBERING AND

TRANSPORTATION OF MINING

PRODUCTS

772. 405 Condemnation by corporations for reduction of ores. ( 1) Everycorporation organized for the construction and

operation of mills, smelters and other works forthe reduction of ores authorized to do businesswithin the state may condemn lands and propertyfor the discharge and natural distribution ofsmoke, fumes and dust from such works in the

manner provided by ORS chapter 35

2) The use of lands by such corporation forthe purpose of the discharge and natural distribution of smoke, fumes and dust from any such mill, smelter or other works for the reduction of ores, under the conditions prescribed in this section

hereby is declared to be a public use3) The right of eminent domain shall not be

exercised by such corporation

a) Beyond a radius of four miles from suchmill, smelter or other works for the reduction ofores

b) On any land situated within a radius offive miles of the corporate limits of any city in thestate

c) Until after such corporation has acquiredthe right to use 50 percent of the area of the landswithin a radius of four miles from the mill, smelter or other works for the reduction of ores

772.410 Right of entry and condemnation by mining, quarrying and lumber corporations. Any corporation organized for thepurpose of opening or operating any gold, silver, or copper vein or lode, or any coal or other mine, or any marble, stone or other quarry, or forcutting or transporting timber, lumber, or cordwood, or for the manufacture of lumber

1) May construct and operate railroads, skidroads, tramways, chutes, pipelines and flumes

1128

SUPERSEDED

RIGHTS OF WAY FOR PUBLIC USES 772. 520

between such points as may be indicated in theirarticles of incorporation

2) May enter upon any land between suchpoints for the purpose of examining, locating andsurveying the line of such railroads, skid roads, tramways, chutes, pipelines and flumes, doing nounnecessary damage thereby

3) May condemn so much of said land asmay be necessary for the purposes of this section, not exceeding 60 feet in width by a condemnationaction as prescribed by ORS chapter 35 [ Amendedby 195,3 c 559 § 31

772. 415 Public benefit and use of facilities constructed under ORS 772.410. ( 1)

Railroads, skid roads, tramways, chutes, pipelines or flumes constructed under ORS772 410 shall be deemed to be for public benefit

2) Such railroad shall afford to all personsequal facilities for the transportation of freightupon payment or tender of reasonable compensa-

tion therefor, but shall not be required to carrypassengers

3) Such skidway, tramway, chute, pipelineor flume shall afford to all persons equal facilitiesin the use thereof for the purpose to which theyare adapted, upon tender or payment of the

reasonable compensation for such use [ Amended by1953 c 559 § 31

772 420 Condemnation for transportation of minerals; conditions of reversion.

1) Any person requiring land for a right of wayfor the transportation of the products of mineslocated in this state may acquire such land forsuch purposes in the manner and subject to therights, privileges and liabilities under ORS376 505 to 376 540

2) Lands acquired under this section shallnot revert to the original owner, the heirs andassigns of the original owner, until their use ascontemplated in this section has ceased for aperiod of five years

CONDEMNATION BY PIPELINE ANDGAS CORPORATIONS

772.505 Definitions for ORS 772. 505to 772. 520. As used in ORS 772 505 to 772 520, unless the context otherwise requires

1) " Corporation" includes any corporationtransporting, selling or distributing fluids, including petroleum products, or natural gases and

those organized for constructing, laying, maintaining or operating pipelines, which are engaged, or which propose to engage in, the transportation

of such fluids or natural gases

2) " Pipeline" includes pipes, lines, naturalgas mains or lines and their appurtenances,

including but not limited to pumps and pumpingstations, used in transporting or distributingfluids, including petroleum and petroleum products or natural gases [ Amended by 1971 c 655 § 242a]

772 510 Right of entry and condemnation by pipeline corporations. ( 1) Anypipeline corporation which is a common carrier

and which is regulated as to its rates or practices

by the United States or any agency thereof, mayenter upon lands within this state outside theboundaries of incorporated cities

2) This right may be exercised for the purpose of examining, surveying and locating a routefor any pipeline, but it shall not be done so as tocreate unnecessary damage

3) These corporations may appropriate andcondemn such lands, or easements thereon or

thereover, in such width as is reasonably necessary to accomplish their corporate purposes, byproceedings for condemnation as prescribed byORS chapter 35 [ Amended by 1971 c 655 § 2431

772. 515 Regulations concerning location of pipes. ( 1) Whenever such pipelines arelaid along a public road, they shall be placed asclosely as practicable to the extreme outside edge

of the right of way of such road

2) Such pipes or pipelines shall not passthrough or under any cemetery, church, college, schoolhouse, residence, business or storehouse, orthrough or under any building in this state, except by the consent of the owner thereof

3) When cultivated lands are appropriateunder ORS 772 510, such pipes and pipelinesshall be well buried under ground, at least 20inches under the surface, and such surface shall

be properly and promptly restored by such corporation unless otherwise consented to by the ownerof such land

4) When unimproved lands of another areappropriated under ORS 772 510 and such landsthereafter become cultivated or improved, suchpipes or pipelines shall be buried by the corporation as provided in subsection ( 3) of this section,

within a reasonable time after notice by theowner of such lands, or the agent of the owner, tothe corporation or its agent

772. 520 Resolution to be adopted andfiled prior to condemnation showing routeand termini of pipeline. ( 1) Prior to the filingof any condemnation action under ORS 772 510, the board of directors of the corporation shalladopt a resolution showing the approximate routeand termini of the proposed pipeline, or the

extension or branch of any existing pipeline

1129

SUPERSEDED


2) A copy of this resolution, certified by thecorporate secretary, shall be filed in the office ofthe Secretary of State, and also in the office of

each county clerk of those counties where suchpipeline, extension or branch of an existingpipeline is proposed to be constructed

772 525 [ Repealed b} 1971 c 655 § 2501

772 555 ( Repealed by 1971 c 655 42501

772 560 [ Repealed by 1971 c 655 § 2501

772 605 [ Repealed by 1971 e 655 § 2501

CONDEMNATION FORUNDERGROUND NATURAL GAS

STORAGE

772. 610 Definitions for ORS 772.610to 772.625. As used in ORS 772 610 to 772 625, unless the context otherwise requires

1) " Natural gas company" means every cor-

poration, company, association, joint stock association, partnership or person authorized to dobusiness in this state and engaged in the trans-

portation, distribution or underground storage of

natural gas

2) " Pipeline" has the meaning given thatterm in ORS 772 505 ( 2)

3) " Underground reservoir" means any sub- surface sand, strata, formation, aquifer, cavern orvoid whether natural or artificially created, suit-

able for the injection and storage of natural gastherein and the withdrawal of natural gas there-

from, but excluding a " pool " 4) " Underground storage" means the process

of injecting and storing natural gas within andwithdrawing natural gas from an undergroundreservoir [ 1977 e 296 681

772 615 Condemnation for underground reservoirs; applicability of ORSchapter 35. Any natural gas company maycondemn for its use for the underground reser-

voir, as well as other property or interests in

property which may be necessary to adequatelymaintain and utilize the underground reservoir

for the underground storage of natural gas,

including easements and rights of way for accessto and egress from the underground storage reservoir The provisions of ORS chapter 35 and ORS520 340 and 520 350 are applicable to any con-

demnation action brought under this section

1977 c296491

772. 620 Placement of pipeline facilities. ( 1) Whenever a pipeline or appurtenance

used in conjunction with the underground storageof natural gas in an underground reservoir is laidalong a public road, it shall be placed as closely aspracticable to the extreme outside edge of the

right of way of the road

2) Such pipeline or appurtenance shall notbe located under or pass through or under any

cemetery, church, college, schoolhouse, residence, business or storehouse, or through or under any

building in this state, except by the consent of theowner thereof

3) When cultivated lands are appropriatedunder ORS 772 615, such pipelines shall be wellburied underground, at least 20 inches under the

surface, which shall be properly and promptlyrestored by the natural gas company unless otherwise consented to by the owner of the land

4) When unimproved lands are appropriatedunder ORS 772 615 and thereafter become cultivated or improved, such pipelines shall be buried

by the natural gas company as provided in subsection ( 3) of this section, within a reasonable

time after notice by the owner of such lands, orthe agent of the owner, to the natural gas com-

pany or its agent [ 1977 a 296 4101772.625 Route proposal to be adopted

and filed prior to condemnation action. ( 1) Prior to the filing of any condemnation actionunder ORS 772 615, the natural gas company

shall adopt a resolution showing the approximateroute and termini of any proposed pipeline, or theextension or branch of any existing pipeline, to beused in conjunction with the underground storage

of natural gas, and showing the location andformation of any underground reservoir to beused for the underground storage of natural gas

2) A copy of this resolution shall be filed inthe office of the Secretary of State, and also in theoffice of the county clerk of each county orcounties where such pipeline, extension or branchof an existing pipeline, or underground reservoiris proposed to be constructed or utilized for theunderground storage of natural gas, and also

published in a newspaper of general circulation in

each county ( 1977c296§ 111

1130

SUPERSEDED

Chapter 773


Air Carriers and Air Commerce

773 010 Definitions

773 020 Purpose

773 030 Authority of commission

773 040 Certificate required, separate acts " sepa-

773 990

rate violations

773 060 Application for certificate

773 060 Application and transfer fees, fees nonre. fundable

773 070 Effect on air carriers operating on January1. 1973

773 080 When exemption of air carrier may begranted

1131

773 090 When certificate to be awarded

773. 100 Suspension or revocation of certificate

773 110 Prohibited acts

773 120 When service may be discontinued

773 990 Penalties

CROSS REFERENCES


Use of State Aeronautic Account moneys for air carrierregulation, 491 150

SUPERSEDED


1132

SUPERSEDED

AIR CARRIERS AND AIR COMMERCE 773. 100

773. 010 Definitions As used in this chapter, unless the context requires otherwise

1) " Aircraft" means any contrivance used ordesigned for navigation of or flight in the air

2) " Air commerce" has the meaning giventhe term by ORS 756 010, but the term does notinclude transportation authorized by a certificateof public convenience and necessity issued priorto January 1, 1973, pursuant to section 401 of theFederal Aviation Act of 1958 as amended 11973c 776 § 1 1977 c 337 § 2, 1987 c 834 § 18]

773. 020 Purpose. The purpose of thischapter is to provide regulation of air commercein order that an orderly, efficient, economical andhealthy network of air transportation may beestablished to the benefit of the people of thisstate [ 1973c776§ 2]

773.030 Authority of commission. Within the limits of powers reserved to the statefor the regulation of air carriers and air commerce, the commission may

1) Fix reasonable rates and routes of aircarriers,

2) Require any air carrier to procure andmaintain insurance and performance bonds in

any amount, and

3) Authorize such through routes, joint ratesand divisions of revenue for persons engaged inair commerce as the commission determines to bein the public interest 11973 c 776 § 91

773.040 Certificate required; separateacts as separate violations. ( 1) No person

shall perform any act which constitutes air com-

merce, unless that act is authorized by a valid andeffective certificate of public convenience and

necessity issued by the commission or the act isotherwise authorized by the commission' s rule ororder

2) Each separate act in violation of thissection is a separate violation, whether the pro-

hibited acts occur within the same or differentdays or relate to the same or different aircraft11973 c 776 § 41

773.050 Application for certificate. Aperson who desires to obtain a certificate ofpublic convenience and necessity to perform anact of air commerce shall make application there-

for in such form as the commission prescribesThe application shall contain such informationas the commission may require [ 1973 c 776 § 51

773. 060 Application and transfer fees;

fees nonrefundable. Every person applying fora certificate of public convenience and necessity

to perform an act of air commerce shall pay to thecommission with the application a fee of $150 A

like fee shall accompany an application for transfer of such certificates The fees collected underthis section are not refundable 11973 c 776 § 61

773.070 Effect on air carriers operat-

ing on January 1, 1973. Notwithstandingany other provision of this chapter, the commission shall issue a certificate of public convenience

and necessity to any air carrier for the points inthis state between which it was actually operatingin good faith and doing business as of January 1, 1973, and continuously thereafter, if applicationtherefor has been filed with the commission on or

before January 1, 1974 The air carrier maycontinue such operation until its application is

either granted or denied by the commission 11973c 776 § 7]

773.080 When exemption of air carrier

may be granted. The commission may exemptany air carrier from the certificate requirementsof ORS 773 040 if the commission finds that suchrequirements are contrary to the public interestor would impose an undue burden upon the carrier or a community or area because of the immediate need for service Such need may include, butis not limited to, conditions of national emer-

gency, national disaster or cessation of existingservice by another tamer, except for cessation ofservice caused by a labor dispute Exemptionsissued pursuant to this section may be issued for amaximum period of 90 days and may be renewedfor the same or for a lesser period 11973 c 776 §8]

773.090 When certificate to beawarded. The commission shall award certifi-

cates of public convenience and necessity whenever the public convenience and necessityrequire, taking into consideration the businessexperience of the applicant, the applicant' s finan-

cial ability and insurance coverage, the type of

aircraft the applicant would employ, the proposedroutes and minimum schedules to be established,

whether the carrier could economically and adequately serve the communities involved, the need

for service and any other factors which may affectthe public interest Such certificates may beawarded subject to whatever terms and condi-

tions the commission prescribes 11973 c 776 §9]

773. 100 Suspension or revocation of

certificate. The commission may suspend orrevoke any of the rights conferred by a certificateof public convenience and necessity after notice

and opportunity for hearing only upon a findingthat the holder

1) Has abandoned such rights,

2) Is no longer willing or able to perform allor part of the certificated services,

1133

SUPERSEDED


3) Has violated any provision of ORS773 040, 773 110 or 773 120 or any rule, regulation or order of the commission, or

4) Has violated any federal or state aircraftor air commerce safety law or regulation 11973c 776 § 101

773. 110 Prohibited acts. ( 1) It is

unlawful, unless authorized by order of the commission as provided in this section

a) For two or more air carriers, or for any aircarver and any other common carrier to consolidate or merge their properties or any part thereofinto one person for the ownership, managementor operation of the properties theretofore in sepa-

rate ownerships,

b) For any air carrier or any person controlling an air carrier or any other common carrier topurchase, lease, or contract to operate the properties, or a substantial part thereof, of any aircarrier, or

c) For any air carrier or any person controlling an air carrier or any other common carrier toacquire control of any air carrier in any mannerwhatsoever

2) The commission may by order authorizesuch consolidation, merger, purchase, lease, oper-

ating control or acquisition of control upon suchterms and conditions as the commission shalldeem to be in the public interest [ 1973c776§ 111

773. 120 When service may be discontinued. No air carrier shall discontinue anycertificated service without authority of the commission, unless such service is unprofitable

Except as otherwise may be provided in thecertificate awarded by the commission, unprofitable services may be discontinued 90 days afterthe carrier gives notice to the commission, and tosuch other persons as the commission may

require, unless within such 90 -day period thecommission finds that such services are not

unprofitable and orders their continuance 11973

c 776 § 121

773. 880 Penalties. Violation ofany provision of ORS 773 040, 773 110 or 773 120 ispunishable, upon conviction, by a fine of notmore than $ 1, 000 for each such violation [ 3973c 776 § 131

1134

SUPERSEDED

Chapter 774


Citizens' Utility Board

774 010 Definitions

774 020 Policy

774 030 Citizens' Utility Board, powers

774 040 Membership on board

774 060 Board of Governors, duties, executive committee

774 070 Election of board, term, qualifications, statement of financial interest, disqualification of candidate, recall, vacancies

774110 leetmgs

774 120 Inclusion of information in utillt} billings, frequency, notice, duty of utility to forwardboard mail

1135

774 130 Mailing costs, reimbursement

774 140 Interference with mailings or contributionsprohibited

774 160 Disposition of complaints

774 180 Intervening in agency proceedings affecting utility consumers, standing to obtainjudicial or administrative review

774 190 Certain laws inapplicable to board, protection from liability

774 210 Remedies, attorney fees

774 250 Severablhty

774 990 Penalty

SUPERSEDED

UTILITIES' RAILROADS AND OTHER CARRIERS

1136

SUPERSEDED

CITIZENS' UTILITY BOARD 774.060

774.010 Definitions. As used in this chapter, except as otherwise specifically provided orunless the context requires otherwise

1) " Board" means the Citizens' UtilityBoard of Governors

2) " Consumer" or "utility consumer" meansany natural person 18 years of age or older who isa resident of the State of Oregon

3) " District" means an electoral district formembers of the Citizens' Utility Board of Gover- nors

4) " Member" means a member of the Cit- izens' Utility Board

5) " Utility" means any utility regulated bythe Public Utility Commission pursuant to ORSchapter 757, which furnishes electric, telephone, gas or heating service However, "utility" does notinclude any municipality, cooperative, or people' sutility district 11985 c 1 § 21

Note The amendments to 774010 by section 102, chapter 447, Oregon Laws 1987, take effect July 1, 1989 Seesection 143, chapter 447, Oregon Laws 1987 774 010 asamended is set forth for the user's convenience

774 010 As used in this chapter, except as otherwisespecifically provided or unless the context requires otherwise

1) " Board" means the Citizens' Utility Board of Cover - nom

2) " Consumer" or "utility consumer" means any naturalperson 18 years of age or older who is a resident of the State ofOregon

3) " District" means an electoral district for members ofthe Citizens' Utility Board of Governors

4) " Member" means a member of the Citizens' UtilityBoard

5) " Utility" means any utility regulated by the PublicUtility Commission pursuant to ORS chapter 757 and me. tions 1 to 70, chapter 447, Oregon Laws 1987, which furnishes

electric, telephone, gas or heating service However, "utility" does not include any mumcipahty, cooperative, or people' sutility district

774.020 Policy. The people of the State ofOregon hereby find that utility consumers needan effective advocate to assure that public pol-

icies affecting the quality and price of utilityservices reflect their needs and interests, thatutility consumers have the right to form anorganization which will represent their interests

before legislative, administrative and judicialbodies, and that utility consumers need a convenient manner of contributing to the funding ofsuch an organization so that it can advocate

forcefully and vigorously on their behalf concerning all matters of public policy affecting theirhealth, welfare and economic well -being [ 1985 c 1

11

774.030 Citizens' Utility Board; powers. ( 1) The Citizens' Utility Board ishereby created as an independent nonprofit public corporation and is authorized to carry out theprovisions of this chapter

2) The Citizens' Utility Board has perpetualsuccession and it may sue and be sued, and may inits own name purchase and dispose of any interest in real and personal property, and shall havesuch other powers as are granted to corporations

by ORS 61 061 No part of its net earnings shallinure to the benefit of any individual or memberof the Citizens' Utility Board

3) The Citizens' Utility Board shall have allrights and powers necessary to represent andprotect the interests of utility consumers, including but not limited to the following powers

a) To conduct, fund or contract for research, studies, plans, investigations, demonstrationprojects and surveys

b) To represent the interests of utility consumers before legislative, administrative andjudicial bodies

c) To accept grants, contributions andappropriations from any source, and to contractfor services

d) To adopt and modify bylaws governingthe activities of the Citizens' Utility Board [ 1985c1 §31

774.040 Membership on board. ( 1) Allconsumers are eligible for membership in theCitizens' Utility Board A consumer shall becomea member of the Citizens' Utility Board uponcontribution ofat least $5 but not more than $100per year to the Citizens' Utility Board Eachmember shall be entitled to cast one vote for the

election of the board The board shall establish amethod whereby economically disadvantagedindividuals may become members of the Citizens' Utility Board without full payment of the yearlycontribution

2) Each year the Citizens' Utility Boardshall cause to be prepared, by a certified publicaccountant authorized to do business in thisstate, an audit of its financial affairs The audit isa public record subject to inspection in the manner provided in ORS 192 410 to 192 505 11985 c 1

91

774.060 Board of Governors; duties; executive committee. The Citizens' UtilityBoard of Governors shall manage the affairs ofthe Citizens' Utility Board The board may delegate to an executive committee composed of notfewer than five members of the board the authority as would be allowed by ORS 61 141 [ 1985 c 1 § 41

1137

SUPERSEDED

774. 070 UTILITIES' RAILROADS AND OTHER CARRIERS

774.070 Electron of board, term; quali-

fications; statement of financial interest; disqualification of candidate; recall; vacan-

cies. ( 1) The Citizens' Utility Board of Gover- nors shall be comprised of three persons elected

from each congressional district described inORS 188 130 by a majority of the votes cast bymembers residing in that district The electionshall be conducted by mail Ballot in such manneras the Citizens' Utility Board of Governors mayprescribe

2) The term of office of a member of the

Citizens' Utility Board of Governors is four yearsNo person may sere more than two consecutiveterms on the Citizens' Utility Board of Gover- nors

3) Each candidate and each member of the

Citizens' Utility Board of Governors must be amember of the Citizens' Utility Board and mustbe a resident of the district from which thecandidate seeks to be or is elected

4) At least 45 days before an election eachcandidate shall file with the Citizens' UtilityBoard of Governors a statement of financialinterests, which shall contain the information in

such form as the Citizens' Utility Board of Gover- nors shall determine Each candidate shall main-

tain a complete record of contributions received

and expenditures made with regard to an electioncampaign Each candidate shall make the recordsavailable for public inspection at such reasonable

times as the Citizens' Utility Board of Governorsconsiders appropriate

5) No member who is employed by a utilityshall be eligible for appointment or election to the

Citizens' Utility Board of Governors, and nomember of the Citizens' Utility Board of Gover- nors who obtains employment by a utility maymaintain a position on the Citizens' UtilityBoard of Governors While on the board, nodirector elected under this section may hold elec- tive public office, be a candidate for any electivepublic office, or be a state public official Noperson who owns or controls, either singly or in

combination with any immediate family member, utility stocks or bonds of a total value in excess of

3, 000 is eligible to serve as an elected member of

the Citizens' Utility Board of Governors6) The Citizens' Utility Board of Governors

may disqualify any candidate or member of theCitizens' Utility Board of Governors for anyviolation of this chapter or of the bylaws of the

Citizens' Utility Board7) Upon petition signed by 20 percent of the

members in a district for the recall of a member of

the Citizens' Utility Board of Governors elected

from the district, the Citizens' Utility Board ofGovernors shall mall ballots to each member in

the district, submitting the question whether themember of the Citizens' Utility Board of Gover- nors shall be recalled If a majority of the members voting at the election vote in favor of therecall Elections and recall proceedings shall beconducted in a manner as the Citizens' UtilityBoard of Governors may prescribe Ballots for allelection and recall proceedings shall be counted at

a regular meeting of the Citizens' Utility Board ofGovernors

8) The remaining members of the Citizens' Utility Board of Governors shall have the powerto fill vacancies on the Citizens' Utility Board ofGovernors [ 1985 c 1 § 61

774. 110 Meetings. All meetings of the

board shall be open to the public, except underthe same circumstances in which a public agency

would be allowed to hold executive meetingsunder ORS 192 660 ( 1985 c 1 981

774120 Inclusion of information in

utility billings; frequency, notice; duty ofutility to forward board mail. ( 1) Uponrequest by the Citizens' Utility Board pursuant tothis section, each utility shall include in billingsto a utility consumer materials prepared andfurnished by the Citizens' Utility Board, notexceeding in folded size the dimensions of theenvelope customarily used by such utility to sendbillings to its customers

2) The Citizens' Utility Board shall notintentionally make any false material statementin any material submitted to a utility for inclusion with a billing If the utility believes that theCitizens' Utility Board has intentionally madefalse material statements in an enclosure, it may

file a complaint with the Public Utility Commis- sion of Oregon within five days of receipt ThePublic Utility Commission of Oregon mustreview the complaint within 10 days, and if thecommission determines that the Citizens' UtilityBoard has intentionally made false materialstatements, the commission shall give the Cit- izens' Utility Board of Governors written notification that specifies any false materialstatements made and the reasons why the commission determines the statements to be false

3) No utility shall be required to incloseCitizens' Utility Board material with a billingmore than six times in any calendar year

4) The Citizens' Utility Board shall notify autility of its intention to include under the provisions of this chapter any material in any specified

periodic billing or billings not fewer than 30calendar days prior to the mailing of the periodic

1138

SUPERSEDED

CITIZENS' UTILITY BOARD 774.210

billings and shall supply the utility with thematerial not fewer than 20 calendar days prior tothe mailing of the periodic billings

5) All material submitted ,by the Citizens' Utility Board for inclusion in a utility billingmust include the return address of the Citizens' Utility Board A utility is not required to deliveror forward to the Citizens' Utility Board materialintended for the Citizens' Utility Board mis- takenly sent to the utility However, a utility shallretain such materials for a period of 60 days from

the date of receipt The utility shall notify theCitizens' Utility Board that such materials havebeen received and make these materials availableto the Citizens' Utility Board on demand [ 1995 c 1

101

774. 130 Mailing coats; reimbursement. 1) The Citizens' Utility Board shall not be

required to pay any postage charges for materialssubmitted by the Citizens' Utility Board forinclusion in a utility billing if such materialsweigh four - tenths of one ounce avoirdupois orless If the materials submitted weigh over four - tenths of one ounce avoirdupois, then the Cit-

izens' Utility Board shall reimburse the utility fora portion of the postage costs which is equal to

that portion of the Citizens' Utility Board material over four - tenths of one ounce avoirdupois inProportion to the total weight of the billing Inaddition to postage costs, the Citizens' UtilityBoard shall reimburse such other reasonablecosts, as determined by the Public Utility Com- mission of Oregon, incurred by a utility in complying with ORS 774 120

2) Reimbursement of a utility by the Cit- izens' Utility Board shall be made within 60 daysof the date the utility submits to the Citizens' Utility Board an itemized statement of the costsincurred by the utility In no event shall suchreimbursement exceed the fair market value forthe services provided by the utility [ 198s c i §11]

774. 140 Interference with mailings orcontributions prohibited. ( 1) No utility, norany of its employes, officers, members of theboard of directors, agents, contractors or assignees, shall in any manner interfere with, delay, alter or otherwise discourage the distribution ofany material or statement authorized by theprovisions of this chapter for inclusion in periodic utility billings, nor in any manner interferewith, hamper, hinder or otherwise infringe upon autility consumer' s right to contribute to Citizens' Utility Board, nor in any manner hamper, hinder, harass, penalize or retaliate against any utilityconsumer because of the consumer' s contributionto, or participation in, any activities of the Cit- izens' Utility Board

2) No utility may change its mailing, accounting, or billing procedures if such changewill hamper, hinder, or otherwise interfere withthe ability of the Citizens' Utility Board to dis. tribute materials or statements authorized by thischapter [ 1985 c 1 § 121

774. 1 BO Disposition of complaints. Cit- izens' Utility Board may submit to the appropn- ate agency any complaint it receives regarding autility company Public agencies shall peri- odically inform Citizens' Utility Board of anyaction taken on complaints received pursuant tothis section 11985c 1 § 13]

774. 180 Intervening in agency proceedings affecting utility consumers; standing to obtain judicial or admin-

istrative review. Notwithstanding any otherprovision of law

1) Whenever the board determines that anyagency proceeding may affect the interests ofutility consumers, Citizens' Utility Board mayintervene as of right as an interested party orotherwise participate in the proceeding

2) Citizens' Utility Board shall have standing to obtain judicial or administrative review ofany agency action, and may intervene as of rightas a party or otherwise participate in any proceeding which involves the review or enforcement

of any action by an agency, if the board determines that the action may affect the interests ofutility consumers [ 1985 c 1 § 141

774. 190 Certain laws inapplicable toboard; protection from liability, ( 1) ORSchapters 278, 279, 282, 283, 291, 292, 293, 295 and

297 do not apply to Citizens' Utility Board or tothe administration and enforcement of this chapter An employe of Citizens' Utility Board shallnot be considered an " employe" as the term isdefined in the public employes' retirement lawsCitizens' Utility Board and its employes shall beexempt from the provisions of the State Person- nel Relations Law

2) ORS 183 310 to 183 550 does not apply todeterminations and actions by the board

3) The board, and any of the officers, employes, agents or members of Citizens' UtilityBoard shall be provided the same protectionsfrom liability as the board, officers, employes, agents, or members of any nonprofit corporationof the State of Oregon [ 198b c 1 § 15]

774. 210 Remedies; attorney fees. ( 1) Any utility, and any of its employes, officers, members of the board of directors, agents, contractors or assignees which does, or causes or

permits to be done, any matter, act or other thing

1139

SUPERSEDED


prohibited by this chapter, or omits to do any act, matter or other thing required to be done by thischapter, is liable for any injury to Citizens' Util- ity Board and to and other person in the amountof damages sustained in consequence of suchviolation, together with reasonable attorney fees, to be fixed by the court in every case of recoverySuch attorney fees shall be taxed and collected aspart of the costs in the case

2) Citizens' Utility Board may obtain equitable relief, without bond, to enjoin any violationof this chapter

3) Any recovery or enforcement obtainedunder this section shall be in addition to any

other recovery or enforcement under this sectionor under any statute or common law Any recovery under this section shall be in addition torecovery by the state of the penalty or fine pre-

scribed for such violation by this chapter Therights and remedies provided by this chapter shallbe in addition to all other rights and remedies

available under law 11985 c ] § 161

774.250 Severability. If any section, portion, clause or phrase of this chapter is for anyreason held to be invalid or unconstitutional theremaining sections, portions, clauses and phrasesshall not be affected but shall remain in full forceor effect, and to this end the provisions of thischapter are severable 11985 c 1 § 181

774. 990 Penalty. Wilful violation of ORS774 120 ( 1) or ( 5) or 774 140 is a Class A misde- meanOr 11985 c i § 171

1140

CHAPTER 775


SUPERSEDED

CHAPTER

RESERVED

lims

EXPANSIONSUPERSEDED

TITLE 58

SHIPPING AND NAVIGATION

Chapter 776 Pilots and Pilotage

776 015

776 025

777 Ports Generally, Ports Division778 Port of Portland

780 Improvement and Use of Navigable Streams783 Liabilities and Offenses Connected with Shipping and Navigation

Chapter 776


Pilots and Pilotage

GENERAL PROVISIONSDefinitions

Description of bar and river pilotagegrounds

OREGON BOARD OF MARITIME PILOTS

776105 Oregon Board of Maritime Pilots, term,

776 300

qualifications, appointment, quorum

776 115 Powers and duties of board

776 125 Hearings required in certain cases

776 129 Hearings officer from Public Utility Com-

776 325

mission required for rate hearings, recom-

776 335

mendations from other agencies

776 135 Hearings, notice, assessment of costs

PILOTS, LICENSING, COMPENSATION,

pensanon

GENERAL FUNCTIONS

776 300 Training to obtain pilot' s license, notice to

Complaint against pilot, form, verification,

board

776.305 Application for pilot' s license and renewal

776 315 Form of license, classes of licenses

776 325 Qualifications of pilots

776 335 Application for license following rejection776 345 Renewal of license, withholding renewal,

Licensed pilots and organization of pilots

hearing

776 355 Pilot license fees

776 365 Disposition and use of moneys by board776 375 Disciplinary proceedings, rules and orders,

Civil penalties

judicial review

776 405 License required; exemption

776 415 Compensation of pilots determined by law776 425 Authority of pilots generally

776 435 Refusing services of pilot, liability forpilotage fee

776 446 Liability of certain persons for pilot' s win.

PENALTIES

778 991 Penalties

CROSS REFERENCESAdministrative procedures and rules of state agencies, 183 310

to 183 550

Legislative re% iew of need for agency, 182 61. 5I icensmg of occupations and professions, 670 300 to 670 350

Licensing penod, authont% to change, 670 410Pilotage by ports 777 125

Rate recommendation, 184 610

Smell watercraft traffic regulations, Ch 488

776 105

Nonattendance of board members forfeits office, 182 010

776 115

Notice of board meetings, 182 020

Tugboats, discrimin tton charges prohibited, 783 580

1141

pensanon

776 455 Exhibition of license on boarding vessel776 465 Complaint against pilot, form, verification,

service, hearing, application of section

776 510 Declaration of legislative intent relating toliability of licensed pilots

778 6.20 Tariffs limiting liabibty of licensed pilotsor organization of pilots

778 530 Licensed pilots and organization of pilotsnot liable for certain acts or omissions

778 540 Surety bond required of licensed pilots, conditions of bond, limitation of liability


PENALTIES

778 991 Penalties

CROSS REFERENCESAdministrative procedures and rules of state agencies, 183 310

to 183 550

Legislative re% iew of need for agency, 182 61. 5I icensmg of occupations and professions, 670 300 to 670 350

Licensing penod, authont% to change, 670 410Pilotage by ports 777 125

Rate recommendation, 184 610

Smell watercraft traffic regulations, Ch 488

776 105

Nonattendance of board members forfeits office, 182 010

776 115

Notice of board meetings, 182 020

Tugboats, discrimin tton charges prohibited, 783 580

1141

SUPERSEDED


776 365776 445

Expenditures without allotment prohibited in certain cases, Liens on bats end %essels, Ch 783291 238

1142

SUPERSEDED

PILOTS AND PILOTAGE 776. 105

GENERAL PROVISIONS776 010 [ Repealed by 1957 c 448 § 27]

776.015 Definitions. As used in thischapter, unless the context requires otherwise

1) " Board" means the Oregon Board of Mar- itime Pilots

2) " Administrator" means the administratorof the board

3) " Pilot" means an individual licensed pursuant to this chapter and any individual who hasnotified the board that the individual is in a pilottrainee status

4) " Organization of pilots" means any legalentity or association of any type to which pilotsbelong as members, or with which pilots areassociated, for cooperative performance of functions, including but not limited to, the dispatch- ing ofpilots, collection of pilotage fees, ownershipand operation of pilot boats, distribution ofpilots' earnings, and education and training so asto facilitate the rendition of pilotage services byindividual pilots [ 1957 c 448 § 1, 1981 c 88 §2, 1983 c 330

11

776 020 [ Repealed by 1957 c 448 §271

776.025 Description of bar and riverPilotage grounds. Except as may be established by the board under ORS 776 115 ( 4), barand river pilotage grounds shall be as follows

1) The Columbia River bar pilotage groundextends from the uppermost dock or wharf at thePort of Astoria or Knappton to the open sea in atleast 30 fathoms of water

2) The Columbia and Willamette Riverpilotage ground extends from the lowermost dockor wharf at the Port of Astoria to the head ofnavigation on the Columbia and WillametteRivers and their tributaries

3) The Coos Bay bar pilotage groundextends from the head of navigation on Coos Bayand its tributaries to the open sea in at least 30fathoms of water

4) The Yaquina Bay bar pilotage groundextends from the head of navigation on YaquinaBay and its tributaries to the open sea in at least30 fathoms of water 11957 c 448 § 21

776.030 [ Repealed by 1957 c 448 § 271

776 040 [ Repealed by 1957 c 448 § 27J

776 050 [ Repealed by 1957 c 448 §271

776 060 [ Repealed by 1957 c 448 § 271

776 070 [ Repealed by 1957 c 448 § 271

776 080 [ Repealed by 1957 c 448 § 271776 090 [ Repealed by 1957 c 448 § 27)

776 100 [ Repealed by 1957 c 448 § 271

OREGON BOARD OF MARITIMEPILOTS

776. 105 Oregon Board of MaritimePilots; term; qualifications; appointment; quorum. ( 1) The Oregon Board of MaritimePilots is established within the Department ofTransportation, and shall consist of nine members appointed by the Governor for terms of fouryears Three members of the board shall be publicmembers, one of whom shall act as chairman ofthe board One member shall be a Columbia Riverbar pilot, one member shall be a Columbia Riverpilot and one member shall be a Coos Bay orYaquina Bay pilot All pilot members must havebeen licensed for more than three years under thischapter During their terms of office, the pilotmembers must be actively engaged in piloting andmust be residents of this state Three members ofthe board shall, for at least three years immediately preceding their appointment have been and

during their terms of office, be actively engaged inthe ownership, operation or management ofocean -going vessels All members shall be over 35years of age at the time of appointment, shall

have been residents of Oregon for at least threeyears prior to appointment and shall be citizensof the United States

2) The public members of the board shallnot

a) During the term of office or at anv timeprior to appointment have any interest in theownership, operation or management of any tugs, cargo or passenger vessels or in the carriage offreight or passengers;

b) During the term of office or at any timeprior to appointment, have been a member of anyassociation or organization composed of indi-

viduals engaged in the maritime industry in anycapacity, or

c) Hold or have held a pilot license issued byany state or federal authority

3) The majority of members shall constitutea quorum for the transaction of all business if atleast one member is a pilot member and onemember is a member engaged in the ownership, operation or management of ocean -going vesselsHowever, when the board fixes pilotage feesunder ORS 776 115 ( 6) a quorum shall consist ofseven members

4) The Director of Transportation, or adesignated representative, shall serve as an ex

1143

SUPERSEDED

776. 115 SHIPPING AND NAVIGATION

officio member of the board but without the rightto vote

5) The board is an independent agencywithin the Department of Transportation Theauthority and powers of the Oregon Transporta- tion Commission under ORS 184 610 to 184 647do not apply with respect to the Oregon Board ofMaritime Pilots and its authority and powersunder this chapter [ 1957 c 448 § 3, 1963 c 580 § 93, 1967c 401 § 8, 1969 c 314 § 102, 1971 c 753 § 41, 1981 c 88 § 3, 1987

C 414 § 89 1987 c 775 § 41

776 110 ( Repealed by 1957 c 448 § 271

776. 115 Powers and duties of board. The board is authorized and directed to

1) Appoint an administrator and other per-

sonnel and fix their compensation subject to thelimitations contained in ORS 776 105

2) Fix the manner of calling and fixing theplaces of meetings, provided that at least onemeeting shall be held each calendar year

3) Provide for efficient and competentpilotage service on all pilotage grounds, and regu-

late and limit the number of pilots to be licensedunder this chapter, such number of pilots to beregulated and limited to the number found by theboard to be required to render efficient and competent pilotage service

4) Establish and fix the boundaries ofpilotage grounds not described in ORS 776 025

5) Establish the qualifications of pilots, pro-

vide for their examination, for the issuance ofpilots' licenses and the suspension or the revocation thereof

6)( a) Fix, at reasonable and just rates, pilotage fees, extra fees for vessels in distress, feesfor extraordinary pilotage services, fees for a pilotbeing carried to sea unwillingly and reimbursement for the return to pilot station or for thedetention of a pilot, except that pilotage fees shallnot be less inbound or outbound on vessels, propelled in whole or in part by their own power, than the following

A) Between Astoria and Portland or Van- couver, $ 2 50 per foot draft and 2 cents per netton,

B) Between Astoria or Knappton and thesea, $ 3 per foot draft and 2 cents per net ton,

C) Between Yaquina Bay and the sea, $ 3 perfoot draft and 2 cents per ton, and

D) Between Coos Bay and the sea, $ 2 50 perfoot draft and 2 cents per ton

b) In fixing fees pursuant to paragraph (a) ofthis subsection, the board shall give due regard tothe following factors

A) The length and net tonnage of the vesselsto be piloted

B) The difficulty and inconvenience of theparticular service and the skill required to renderit

C) The supply of and demand for pilotageservices

D) The public interest in maintaining efficient, economical and reliable pilotage service

E) Other factors relevant to the determination of reasonable and lust rates

7) Conduct or authorize the holding of hearings In so doing the board or the examiner incharge of the hearing may subpena witnesses, administer oaths, take depositions, fix the feesand mileage of witnesses, compel the attendanceof witnesses, and the production of papers, books, accounts, documents and testimony

8) Adopt any rule or make any order, notinconsistent with law, for the effective administration and enforcement of this chapter

9) Establish rates pursuant to subsection ( 6) of this section for a period of not less than twoyears, that continue in effect until a subsequent

hearing process Rates may include automaticadjustment provisions to reflect changing eco-

nomic conditions All rates, and adjustments

thereto, shall become effective on the same datespecified by the board for all pilotage grounds1957 c 448 § 4, 1981 c 88 § 5, 1983 c 313 § 5, 1987 c 158 § 157,

1987 c 775 § 11

776 120 ( Repealed by 1957 c 448 § 27]

776. 125 Hearings required in certaincases. The board shall make no order or findingor adopt any rule and regulation ( except as shallbe deemed automatically entered or in force pursuant to section 29, chapter 448, Oregon Laws1957) under subsections (3), ( 4), ( 6) and that partof subsection ( 5) relative to the qualifications ofpilots of ORS 776 115, until after a publicizedpublic hearing 11957 c 448 §51

776. 129 Hearings officer from PublicUtility Commission required for rate hearings; recommendations from other agencies. Notwithstanding ORS 776 115 ( 8) when theboard establishes rates described in ORS 776 1156), the board shall contract with the PublicUtility Commission of Oregon for the use ofhearings officers employed by the commission toconduct the rate proceeding The hearings officershall have the same authority as prescribed in

ORS 776 115 ( 8) for the conduct of the proceeding A proposed order issued by the hearingsofficer shall be submitted to the board for its

1144

SUPERSEDED

PILOTS AND PILOTAGE 776.325

adoption or rejection The hearings officer and

the board may receive and consider recommendations made by the Economic DevelopmentDepartment and the Port of Portland 11987 c 775

21

776 130 [ Repealed b} 1957 c 448 §271

776. 135 Hearings; notice; assessment

of costs. ( 1) Hearings under ORS 776 125 maybe held by the board upon the motion of amajority thereof or may be called by the chairmanupon complaint of an interested party In addition to the requirements of ORS 183 310 to

183 550, notice of hearings shall be by publicationonce a week for two successive weeks in news-

papers of general circulation in Multnomah

County and in each of two counties containingpilotage grounds The notices shall state in gen-

eral terms the subject matter to be considered and

the place of the holding of the hearing Hearingsmay be adjourned and reconvened in the same oranother locale

2) To defray the costs and expenses of anyhearing held for the purpose of fixing pilotagefees, the board may assess all or any part of suchcosts and expenses to any party or parties to suchhearing in any final order, which may be enteredby the board upon such hearing [ Subsection ( 1) enacted as part of 1957 c 448 § 5 subsection ( 2) enacted as

1957 c 448 §24 1971 c 734 § 184, 19 &3 c 313 § 11

776 140 lRepealed by 1957 c 448 §27]

776 145 [ 1957 c 448 § 6, repealed by 1971 c 734 § 211

776 150 [ Repealed by 1957 c 448 § 271

776 155 [ 1957 c 448 § 7 repealed by 1971 c 734 § 211

776 160 [ Repealed by 1957 c 448 § 27)

776 165 11957 c 448 § 8, repealed by 1971 c 734 § 211

776 170 [ Repealed by 1957 c 448 §27]

776 175 11957 c 448 § 9, repealed by 1971 c 734 § 211

776 185 11957 c 448 § 10, repealed by 1971 c 734 § 211

776 195 11957 c 448 § 11, repealed by 1971 c 734 § 211

776 205 [ 1957 c 448 § 12 repealed by 1971 c 734 § 211

PILOTS; LICENSING; COMPENSATION;

GENERAL FUNCTIONS

776.300 Training to obtain pilot'slicense; notice to board. Whenever an indi-

vidual undertakes training for the purpose ofobtaining a pilot license, the individual shall sonotify the board in writing as soon as practicableafter training commences [ 1981 c 88 § 7]

776.305 Application for pilot' s licenseand renewal. An application for a pilot's

license, and for each renewal, shall be made in

writing to the board, stating information the

board by rule and regulation may require 11957c 448 § 13, 1985 c 34 § 11

776 310 [ Repealed by 1957 c 448 § 271

776.315 Form of license; classes of

licenses. ( 1) A pilot license shall be issued in thename of the State of Oregon and contain adesignation of the pilotage ground for which it is

intended The license must be signed by thechairman of the board

2) The board, by rule, may establish classesof licenses that specify the size of vessels thelicensee is authorized to pilot on those riverpilotage grounds for which the pilot is licensed

1957 c 448 § 14, 1985 c 32 § 11

776 320 [ Amended b} 1953 c 140 § 2, repealed by 1957L 448 § 271

776. 325 Qualifications of pilots. ( 1) Noperson shall be licensed as a pilot unless the

person

a) Meets the qualifications adopted by theboard under rules,

b) Is an American citizen of at least 18 yearsof age,

c) Conforms to such behavioral standards as

the board may establish by rule regarding physical and mental health, the use of alcohol orcontrolled substances, violations of criminal lawand such other matters as the board determines

have a bearing on the ability of the person toperform the duties of a pilot in a manner consis-

tent with the public health, safety and welfare, and

d) Possesses the requisite skill and the expe-

rience as a navigator and pilot, as demonstratedby satisfactory performance on such writtenexaminations as the board may prescribe, together with practical knowledge of the currents, tides, soundings, bearings and distances of theseveral shoals, rocks, bars, points of landings,

lights and fog signals of or pertaining to thenavigation of the pilotage ground for whichapplication is made for a license to act as pilot

2) An applicant for a license over any riverpilotage ground must have at least six months'

continuous experience piloting ocean -going vessels in the domestic trade over the pilotage

ground for which application is made, prior to

making application for a license, and must havebad the necessary experience in handling ocean- going vessels through the bridges, under varyingconditions with and without towboats

3) An applicant for a license on bar pilotage

grounds shall satisfy the board that the applicanthas means available for boarding and leaving

1145

SUPERSEDED


vessels which the applicant may be called upon topilot 11957 c448 § 15, 1973 c827 § 82, 1981 e88 §8, 1983

c 313 § 21985 c32 §21

776 330 [ Repealed b% 1957 c 448 § 27]

776.335 Application for license follow-

ing rejection. A person whose application for apilot license has been refused may apply againafter the expiration of six months, but not sooner

1957 c 448 § 161

776 340 [ Repealed by 1953 c 297 § 21

776.345 Renewal of license; withhold-

ing renewal; hearing ( 1) A license granted toa pilot under this chapter shall be renewed

annually upon submission of a completed licenserenewal form, the annual license fee and the

certificate of a physician indicating that thelicensee' s health is satisfactory for performanceof duties as a pilot, unless the board determinesthat renewal should be withheld because the pilothas faded to maintain compliance with the standards established pursuant to ORS 776 325

1)( c), in which case it shall notify the pilot inwriting, at least 60 days before the expiration ofthe license, of such determination and the causethereof

2) The pilot may thereupon apply within 10days for a hearing in regard to such cause forwithholding the license, which shall be grantedIf, upon such hearing, it appears to the satisfaction of the board that there is not sufficient cause

for withholding the license it shall be renewed asa matter of course, and not otherwise [ 1957 c 448

17, 1981 a 88 § 13, 1983 c 313 § 3 1985 c 34 § 21

776 350 [ Repealed by 1957 c 448 § 271

776. 355 Pilot license fees. ( 1) Except asprovided in subsection ( 2) of this section, each

pilot licensed under this chapter shall pay to theboard a license fee of $500, and for each yearlyrenewal thereof, a fee of $500

2) The board by rule may establish reducedlicense fees for those individuals who engage in

pilotage activities on less than a full-time basisHowever, in no event shall the fee be less than50 [ 1957 c 448 § 22 1963 c 105 § 2, 1973 c 832 §68, 1977 c 40

2, 1979 c 11 § 2, 1981 c 88 §i9, 198.1 c 313 § 4,, 1985 c 271 § 21

776 360 [ Repealed by 1957 c 448 § 27]

776.365 Disposition and use of moneys

by board. The money received under this chapter shall be paid into the State Treasury andplaced to the credit of the General Fund in the

Pilot Account which account hereby is established Such moneys hereby are appropriatedcontinuously and shall be used only for theadministration and enforcement of this chapter

The Executive Department shall draw warrants

for all claims approved by the board pursuant tothe appropriations on the State Treasurer, payable out of the Pilot Account in the General Fund

1957 c 448 § 23, 1983 c 740 § 2561

776 370 [ Repealed b} 1957 c 448 § 271

776. 375 Disciplinary proceedings; rules and orders; judicial review. (1) Where

the board proposes to refuse to issue or renew apilot' s license, or proposes to revoke or suspend a

pilot' s license or proposes to issue to a pilot a

written reprimand, opportunity for hearing shallbe accorded as provided in ORS 183 310 to183 550

2) Promulgation of rules, conduct of hearings, issuance of orders and judicial review of

rules and orders shall be as provided in ORS

183 310 to 183 550. The board may appoint anymember thereof or any competent person to pre- side at hearings [ 1971 c 734 § 186, 1981 c 88 § 14]

776 380 [ Repealed by 1957 c 448 § 27]

776 390 [ Repealed by 1957 c 448 § 271

776 400 [ Repealed by 19,57 c 448 § 271

776.405 License required; exemption.

Except as expressly exempted by federal statute, no person shall pilot any vessel upon any of thepilotage grounds established under ORS 776 025

or 776 115 without being a licensed pilot underthis chapter, unless that person is the master or

owner of the vessel or a pilot trainee under the

supervision of a pilot licensed under this chapter

1957C 448 §25( l), 1973 c 650 § 1, 1983 c 330 §3, 1985c 34 § 31

776.410 [ Amended by 1955 c 558 § 1, repealed by 1957

c 448 § 271

776.415 Compensation of pilots deter-

mined by law. No pilot shall demand or receiveany greater, lesser or different compensation forpiloting a vessel upon any of the pilotage groundsthan is allowed by law 11957 c 448 §25( 2)(

776 420 [ Amended by 1953 c 141 § 2. 1953 c 142 § 2,

1955c698§ 1 repealed by 1957 c 448 § 271

776.425 Authority of pilots generally. A pilot may pilot any vessel the pilot is licensed topilot anywhere upon the pilotage ground for

which the pilot is licensed, and demand and

receive therefor the compensation allowed by law1957 c 448 § 20( 1), 1973 c 650 § 2, 1985 c 32 § 3]

776 430 [ Repealed by 1957 c 448 § 271

776.435 Refusing services of pilot; liability for pilotage fee. ( 1) If the master or

person in charge of any vessel declines to acceptpilotage service upon any pilot ground, the vessel, its owners, operators and agents are liable for

three - quarters of the applicable pilotage fee

1146

SUPERSEDED

PILOTS AND PILOTAGE 776.520

2) Notwithstanding subsection ( 1) of thissection, the master or person in charge of any

vessel may refuse to accept the services of anyparticular pilot and may call for another pilot, Inwhich case the vessel and the owners, operators

and agents of the vessel are liable only for theservices of the pilot employed [ 1957c448§ 20( 2), 1983

c 330 421

776 440 [ Repealed by 1957 c 448 § 27]

776. 445 Liability of certain persons forpilot' s compensation. In addition to the lien of

the pilot upon the vessel for any sum due forpiloting, the master, owner and consignee oragent are jointly and severally liable to the pilottherefor [ 19.57c448§ 21]

776 450 [ Repealed by 1957 c 448 § 271

776.455 Exhibition of license on board-

ing vessel. On boarding a vessel and if requiredby the master thereof, a pilot shall exhibit thepilot' s license before the pilot is authorized to act

as a pilot thereon f 1957 c 448 § 19J

776 460 ( Repealed by 1957 c 448 § 27]

776. 465 Complaint against pilot; form,

verification, service; hearing; applicationof section. ( 1) A complaint against a pilot shall

not be entertained by the board unless it isreduced to writing, and verified as a complaint ina civil action When such complaint is filed withthe board, the pilot thereby accused shall beforthwith served with a copy thereof, andrequired to appear and answer the complaint

within 10 days after such service, whereupon the

matter shall then be heard, or at a future daydesignated by the board.

2) This section shall not apply to or controlthe proceedings in any action taken against apilot upon motion of the board 11957 c 448 § 181

776 470 ( Repealed by 1957 c 448 § 27]

776 480 [ Repealed by 1957 c 448 § 27J

776 490 [ Repealed by 1957 c 448 § 27]

776 500 [ Repealed by 1957 c 448 § 271

776. 510 Declaration of legislative

intent relating to liability of licensed pilots. 1) The stimulation and preservation of maritime

commerce on the bar and river pilotage groundsof this state is declared to be affected with the

public interest and the limitation and regulation

of liability of pilots and organizations of pilots Isnecessary to such stimulation and preservation ofmaritime commerce and Is deemed to be in thepublic interest

2) To accomplish the stimulation and pres-

ervation of maritime commerce It is necessary toestablish an optional rate system whereby vessels

and persons engaging the services of a pilot havethe option of

a) Agreeing not to assert any personal liability against any pilot and any organization ofpilots to which the pilot belongs, and to defend, Indemnify and save harmless the pilot and organization of pilots against all claims and demands

arising from acts or omissions of the pilot ororganization of pilots which relate, directly orIndirectly, to pilotage of the vessel, or

b) Directing pilots in writing and in sufficient time for Insurance to be procured by them, ona " trip" basis, Insuring such pilots and organization of pilots to which they belong against allclaims or demands arising from or relating to, directly or Indirectly, pilotage of the vessel, thepremium or cost of such Insurance to be IncludedIn the charges for pilotage services and paid on

demand by the vessel3) The Legislative Assembly hereby declares

that to effect the ends and purposes listed in thissection, and to maintain pilotage fees at reasonable levels on the bar and river pilotage grounds of

this state, ORS 776 5209 776 530 and 776 540 areadopted [ 1959 c 404 § 2, 1983 c 330 §4]

776.520 Tariffs limiting liability oflicensed pilots or organization of pilots.

Pilots are authorized to limit their liability andthe liability of any organization of pilots to whichthey belong by tariffs approved by the boardcontaining substantially the terms and provisionsof the following form

The provisions of ORS 776 510 and 776 540

hereby are Incorporated into and made a part ofthis tariff By reason of the option granted byORS 776 510, the rates and charges named In thistariff do not include the cost of marine Insurance

insuring the pilot and any organization of pilotsto which the pilot belongs, the vessel, Its owners, agents or operators from the consequences ofnegligence or errors in judgment of the pilots or

organizations of pilots

However, upon reasonable notice to the

pilots in writing from the vessel, its master, owners, agents or operators, the pilots parties

hereto will procure such insurance on a " trip" basis in an amount equal to the value of the vessel

and its cargo, or such other amount as may beagreed upon between the pilots and the vessel, its

master, owners, agents or operators, insuring thepilots and the organization of pilots to which theybelong against all claims or demands arising fromor based upon, directly or indirectly, pilotage ofthe vessel. The premium for such insurance shall

be assessed in addition to the rates and charges

specified herein

1147

SUPERSEDED

776.530 SHIPPING AND NAVIGATION

The election of the vessel, Its master, owners,

agents or operators not to request pilots parties

hereto to procure such Insurance and thereby toelect to have the pilots parties hereto perform

services on the rates and charges specified herein

shall constitute a binding and irrevocable agreement on the part of the vessel, Its master, owners,

agents or operators to the terms and conditions of

the followingIt is understood and agreed, and is the

essence of the contract under which services of

the pilot are tendered to and accepted by thevessel, its master, operators and owners, that

1) The services rendered hereunder are ren-

dered by a pilot duly and regularly licensed by theState of Oregon pursuant to ORS chapter 776, orwith respect to domestic vessels) the holder of a

valid license issued by the Federal Government, 2) The services of any individual pilot

except with respect to domestic vessels) have

been voluntarily accepted and are voluntarilyrendered pursuant to the election authorized byORS 776 510,

3) Such services are advisory in nature only, the master of the vessel remaining at all times infull command of the vessel and empowered to

relieve the pilot of duties,

4) The services of the pilot are accepted on

the express understanding that when the pilotgoes aboard the vessel the pilot becomes the

servant of the vessel and its owners and oper-

ators, and the master, owners and operators of

the vessel expressly covenant and agree not toassert directly or Indirectly, any personal liabilityagainst the pilot, any organization of pilots towhich the pilot belongs, and against any membersof such organization, to respond in damage

including any rights over) arising out of or con-

nected with, directly or Indirectly, any damage, loss or expense sustained by the vessel, its master, owners, operators and crew, and any third partiesIncluding cargo), even though resulting from acts

or omissions of any organization of pilots towhich the pilot belongs, from acts or omissions of

its members, or any acts or omissions of the pilotand to defend, indemnify and hold harmless thepilot, any organization of pilots to which the pilotbelongs, and any members of such organization, from any claims whatsoever for damages, loss orexpense arising out of, or connected with any actsor omissions of the pilot or organization of pilots

which relate, directly or indirectly, to pilotage ofthe vessel except as to such personal liability andrights over as may arise by reason of the wilfulmisconduct or gross negligence of the pilot,

5) The master, owners and operators of the

vessel shall not be liable to indemnify and hold

harmless the pilot and any organization of pilotsto an extent greater than the amount to which the

liability of the vessel, Its owners and operators, islimited by reason of contract, bill of lading orstatute, Including but not limited to, the Limita- tion of Liability Act ( 46 U S C § § 181 -189), the

Harter Act (46 U S C § § 190 -195), the Carriage of

Goods by Sea Act (46 U S C § § 1300- 1315), and

the Federal Water Pollution Control Act ( 33US C § 1321), and

6) The fees charged for the services rendered

by the pilot have been computed and are assessedin accordance with and based upon the above

stipulations

11959 c 404 § 3, 1973 c 650 § 3. 1983 c 330 § 51

776.530 Licensed pilots and organiza-

tion of pilots not liable for certain acts oromissions. An organization of pilots shall not be

liable for any claims arising from acts or omissions of a pilot or organization of pilots which

relate, directly or indirectly, to pilotage of avessel A pilot shall not be liable either directly oras a member or associate of an organization of

pilots for any claims arising from acts or omissions of any other pilot or any organization of

pilots which relate, directly or indirectly, topilotage of a vessel This section does not apply toacts or omissions relating to the ownership andoperation of pilot boats or the transportation of

pilots to and from the vessel being piloted ( 198.1C 330 §81

776 540 Surety bond required oflicensed pilots; conditions of bond; limitation of liability. (1) Each pilot shall procure andfurnish to the board a security in the sum of $250as a surety bond, in a form approved by the boardand underwritten by a surety company authorized to engage in business in the State of Oregon, or as a cash deposit in a form approved by theboard The cash deposit or bond shall be condi-

tioned so as to pay the sum to any person, firm, corporation or other legal entity who or whichshall suffer any loss or damage by reason of anynegligent act or omission of the pilot which relate,

directly or indirectly, to pilotage of the vessel Nopilot shall be liable for any such act or omissionbeyond the amount of the security However, thislimitation of liability shall not apply

a) To wilful misconduct on the part of the

pilot,

b) To the extent to which insurance is pro-

cured pursuant to the option granted by ORS776 510 and 776 520, or

c) To acts or omissions relating to theownership and operation of pilot boats or the

1148

SUPERSEDED

PILOTS AND PILOTAGE 776. 991

transportation of pilots to and from the vessel

being piloted

2) When any suit or action is brought in anycourt against a pilot for any such act or omissionin respect of which liability is limited as providedby this section and other claims are made oranticipated in respect of the same act or omis-

sion, upon payment by the pilot of the amount ofthe security into the court in which such suit oraction is brought, the court shall distribute that

amount rateably among the several claimants andshall dismiss the proceedings as to the pilot. 11983

c 330 § 7, 1985 c 29 § 11

776.880 Civil penalties. ( 1) In addition

to any other penalty provided by law, any pilotwho commits any act for which the board couldrevoke, suspend or refuse to issue or renew a

license is subject to a civil penalty in an amountdetermined by the board of not more than $ 250for each offense Any such penalty shall be

assessed in a proceeding under ORS 183 310 to183. 550 applicable to contested cases

2) Unless the amount of the penalty is paidwithin 10 days after the order assessing thepenalty becomes final, the order shall constitute ajudgment and execution issued thereon in the

same manner as filing and execution upon ajudgment of a court of record

3) All amounts recovered under this section

are subject to ORS 776 365 11981 c 88 § 111

PENALTIES

776 990 [ Repealed by 1957 c 448 § 271

776.991 Penalties. Any person violatingany of the provisions of this chapter is punishable, upon conviction, by a fine not to exceed $500, or by imprisonment in the county jail not toexceed six months, or both 11957 c 448 § 261

1149

SUPERSEDED


1150

SUPERSEDED

Chapter 777


Ports Generally; Ports Division

PORT PLANNING AND DEVELOPMENT

Temporary provisions relating to OregonPort Planning and Development AdvisoryCommittee are compiled as notes precedingORS 777 003 )

PORTS

Policy)

777 003 Policy

Definitions)

777 005 Defimtiona for ORS 777 005 to 777 725

Organization of Ports)

777 010 Arens which may be incorporated as parts

777 050 Operation and effect of proclamation, gen-

eral corporate powers and oapacity

Facilities for World Maritime Trade)

777 065 Development of port facilities at certainports as state economic goal, state agencies

to assist ports

Port Powers and Functions, Port Commissioners)

777 080 Application of special district election laws

tions, appointment, term, first meeting,

to ports

777 090 Agreements between ports, allocation of

Designation of position numbers for com-

expenses and revenues

777 095 Agreement between Port of Astoria and

Board meetings, board officers, public

State Land Board concerning deepwater

records

port facility at Tongue Point, division of

Port employes, compensation

revenue, board's share credited to Common

Division of ports into subdistricts

Sebool Fund

777 100 Annual report to legislative committee con-

commissioners after subdistrmtmg

cerning agreements made under ORS

Port powers with respect to development

777 090

777 105 Bay, river and harbor improvement

777 108 Agreements between two or more ports

777 110 Contracts with Federal Government

777 112 Contracts between ports and other govern-

certain interests

mental units

777 113 Port assistance to other governmental units

within port boundaries

777 116 Port may acquire real and personal prop - erty, appraisal required, purchase contract

limited

777 120 Port's authority over harbors, wharf linesand navigation

777 125 Ports may maintain tug and pilotage service, charges, port' s liability limited, salvageclaims

777 132 Authority of ports to distribute water, construct and maintain marina and recreation

facilities

777135 Board of port commissioners, qualifica-

777 185

tions, appointment, term, first meeting,

777415

election

777 137 Designation of position numbers for com-

777 430

missioners

777 140 Board meetings, board officers, public

777 365

records

777 150 Port employes, compensation

777 155 Division of ports into subdistricts

777160 Representation b5 subdistrmts, terms ofcommissioners after subdistrmtmg

777165 Vacancies

777 180 Powers of ports created by special laws

777 190 Ordinances for policing or regulating of

Annexation)

777 326

port property

777 185 Port may engage in certain water com-

777415

merce- related activities

777 210 Port may engage in certain port manage-

777 430

ment activities

777 220 Port may collect certain fees from port

777 365

users

777 230 Port may provide power for port purposes,

777 445

limitation on sale of electric power to public

777 240 Port may advertise and promote facilitiesand commerce

777 250 Port powers with respect to developmentand use of its lands, industrial or researchand development parks, sports, recreation,

convention, trade show facilities

777 258 General powers of port in promotion of

certain interests

Annexation)

777 326 Special procedure for annexations increas-

777 410

ing by one -halfor more the area or assessed

777415

value of taxable property within the port

777 347 Consent of State Lands Division for state

777 430

lands

777 353 Annexation of enclave

777 365 Name change of port, notice

Port Fiscal Matters)

77740b Deposit and disbursement of moneys, finan-

1151

cial records

777 410 Ports may borrow money and issue bonds777415 Resolution and election prerequisite to issu-

ance of bonds

777 430 Taxing powers of ports

777 435 Levy, assessment and collection of taxes

777 440 Levy of special tax by county court upondefault of port officers

777 445 Procedure subsequent to levy under ORS777 440

1151

SUPERSEDED


777447 Promissory notes authorized for port devel-

777 640

opment purposes, limitations, form, pay-

sources, Investment

ment

777 455 Authority to issue refunding bonds for spec-

777 650

ified purpose%, amount%

777 460 Refunding bonds, terms and conditions,

777 660

bond call

777 465 Disposition of refunding bonds

777 470 Levy of tax to meet principal and interest, amount required, disposition of proceeds of

tax

777 475 Remedies of holders of refunding bonds ondefault

777 480 Construction of ORS 777 455 to 777 505

777 485 Compromise and refunding agreements, contents, subsequent procedure, effect

777 500 Advertisement of bonds, bids, rejection ofbids, readN ertirement, time of sale limited

777 505 Delivery of bonds to purchaser, deposit ofsale proceeds, redemption and retirement

of refunded bonds

777 510 Port warrants, execution, contents

777 515 Payment of warrants, interest on warrants

777 520 Special tax levy, rate, use of proceeds, bondsinking fund

777 560 Ports may issue and sell revenue bonds, useof proceeds

777 565 Ordinance authorizing revenue bonds andcreating special trust fund

777 570 Form of bond%

777 575 Sale of bonds

777 585 Refunding revenue bonds

777 590 ORS 777 560 to 777 590 provide complete

procedure, leasing property and pledgingrevenues

Special Elections)

777 605 Special elections

Emergency Assistance)

777 630 Definition of " port emergency"

777 635 Determination of port emergency, applica-

Establishment of Water Transportation Lines)


777 710 Payment of bonus explained

777 715 Ports may pay bonuses in aid of watertransportation and may charter vessels

777 720 Discretion of board in making payment, contracts

777 725 Borrowing money to pay bonus, bondissues, amount, terms, interest, signature,

approval by electors, name of bonds, sale

PORT PLANNING AND MARKETING FUND

tion for assistance

777 640 Emergency loans, conditions for approval,

sources, Investment

prohibited uses of loan proceeds

777 645 Additional conditions

777 650 Gifts to commission and di%ision

777 655 Pay ment to ports

777 660 Rules of commission to establish priorities

777 665 Source of emergency loan moneys, port eh- gibihty, security for loan, priority

Establishment of Water Transportation Lines)


777 710 Payment of bonus explained

777 715 Ports may pay bonuses in aid of watertransportation and may charter vessels

777 720 Discretion of board in making payment, contracts

777 725 Borrowing money to pay bonus, bondissues, amount, terms, interest, signature,

approval by electors, name of bonds, sale

PORT PLANNING AND MARKETING FUND

777 727 Port Planning and Marketing Fund, uses, sources, Investment

777 729 Assistance, gifts and grants

777 732 Grant purposes, application, standards,

prohibited funding

777 736 Funding priorities

777 738 Annual report

EXPORT TRADING CORPORATIONS

777 755 Legislative findings and policy


777 763 Export trading corporation, formation byport, hearing, dissolution of corporation

777 765 Powers of export trading corporation

777 767 Authorized agreements

777 770 Additional fiscal powers of export tradingcorporation

777 773 Status of obligations of export trading corporation, prohibited investments

777 775 Status of export trading corporation, application of certain laws

777 780 Board of directors, election, term, compensation, board officers

777 783 Board meetings, quorum

777 785 Meetings of board to be open to public,

executive sessions

777 787 Chief executive officer of export tradingcorporation, appointment, removal

777 790 Employ es of export trading corporation

777 793 Disclosure of commercial or financial infor-

mation prohibited, exception

777 795 Right to inspect records of export trailingcorporation, certain records exempt from

disclo%ure

777 800 Annual report

PORTS DIVISION

777 8O5 Definitions for ORS 777 805 to 777 845

777 810 Ports Division continued in Economic

Development Department

777 817 DlvialgB to provide managerial assistance

and technical services, cooperation with

ether agencies

777 630 Division employes

777 835 Division function, approval required for

creation of new ports, coordinating, plan-

ning and research on international trade

777 840 Port regions ,

777 845 Regional meetings required, report to commission

OREGON PORT REVOLVING FUND


1152

SUPERSEDED

PORTS GENERALLY; PORTS DIVISION

777 852 Application for port development money

777 854 Commission review of application, fee

777 856 Private development contracts not prohib-

ited

777 858 Qualifications for approval of port develop - ment funding

777860 Loan from fund, repayment plan, projectinspection, enforcement of contract

777 862 Project moneys from port revolt' ing fund

777 864 Filing of lien against port by commission, notice of satisfaction

777 866 Commission powers to enforce loan agreement

777 868 Sources of loan repa) ment moneys

777 870 Gifts to commission

777 872 Rules of commission

777 874 Biennial report to legislature

777 876 Duties of director

777 878 Reimbursement to port revolving fundupon refinancing of project

777 880 Joint financing, port revohrng fund limit

777 882 Loan contract under joint financing programs

777 884 Oregon Port Revolving Fund, creation, purposes, sources, debt limit

777 886 Reimbursement of General Fund for initialfund appropriation

777 888 Use of fund proceeds

777 892 When alternative method of financing portdevelopment project permitted

777 894 Revenue bond financing, eligibility of pro) - ects, issuance of bonds determined by StateTreasurer

777 896 Issuance of bonds, determining factors

777 898 Powers of State Treasurer

777 900 Authority to issue bonds

777 902 Method of issuing bonds, use of bond proceeds, repayment of loans made with bond

proceeds

777 904 Limitations of bonds, recitals

777 910 Short title

PENALTIES

777 990 Penalties

CROSS REFERENCES

Acquisition of railroad lines, 760 610

Airport zoning Ch 492Audits of public funds, records and accounts, Ch 297

Bonds for board members, 198 220

Borrowing and bonds of public corporations, 287 010, 287 012

Certain port property exempt from taxation, 307 120

Collection and refund of property taxes, Ch 311

Dissolution of inactive districts, 198 335 to 198 365

Economic Development Department, 184 125

Exemption of property from taxation, 307 120Interstate bridges, 381 005, 381098, 381 205

Intergovernmental arbitration, 190 710 to 190 800

1 egislative Committee on Trade and Economic Development,

execulne officer, attendance at meetings of EconomicDevelopment Commission, 171 825

Local Budget Law applies to ports, 294 311

Municipal financial administration, Ch 294

Population, determination, 190 520

Port hospitals, boundary limitations, 440 505

Purchase of lands created by fill by riparian owner, 274 925

Recall procedure 198 430

Separate property tax assessment of certain airport premises, 107 110

Vacancies, filling, 198 320

Water resources policy, state conformance with required, 536 300 to 536 400

777 005

District election procedure, Ch 255

777 010

Formation, changes in organization, generally, 198 705 to

198 955

Port of Portland Ch 778

777 105

Airport operation b) municipal corporations, 492 310

Ferq service, ports may provide 384 305

Foreign trade zones ports ma) establish 307 850

Hospitals, pons may establish 440 505

777 116

Airports acquisition of property adjacent, 492 390

Eminent domain procedure, Ch 35

Entry upon land to be appropriated for public use, 281 010

777 120

Ordinances and regulations of districts, generally, 198 510 to198 600

777 125

Pilots and pilotage, Ch 776

777 150

Unemployment insurance, 657 020, 657 065 657 097 657 505

777 190

Ordinances and regulations of districts, generally, 198 510 to198 600

Policing of Pon of Portland airport, 778 260

777 405

Audit of port accounts 297 405 to 297 555

777 410

Bond records and funds, county treasurer to manage uponrequest, 208 200 to 208 220

777 430

Taxing power limited, Const Art \ I, § 11

777 435

Local Budget Lau applies to ports, 294 311

1153

SUPERSEDED


777 455

Ad%ance refunding bonds, state regulation 288 605 to 288 695777 500

Information on bond issues to Alumupal Debt AdvisoryCommission 287 040, 287 042

777 715

Power of ports to aid water transportation lines Const ArtXI, $9

777 755 to 777 800

I, ocal Budget Law not applicable 294 316

777 830

State personnel relations, Ch 240

777 850

Fconomic Development Commission, duties, 184 008

1154

SUPERSEDED

PORTS GENERALLY: PORTS DIVISION

PORT PLANNING ANDDEVELOPMENT

Note Sections 2 and 4 to 9 of chapter 607, Oregon

Laws 1987, provide

Sec 2 As used in sections 2 to 17 of this 1987 Act,

2) The respective terms of the members first appointed

to the advisory committee shall be determined by the Gover-

nor [ 1987 c 607 §51

Sec 6 ( 1) The advisory committee shall select one ofits members as chairperson and another as vice- chairperson,

for terms and with duties and powers necessary for theperformance of the functions of such offices as the advisorycommittee determines

ad%iwrr} committee" means the Oregon Port Planning andDevelopment Advisory Committee ( 1987 c 607 § 2) (

2)

a

majority of the membersct

the

f b

spry committee

constitutes a quorum for the transaction of business

Sec 4 ( 1) There is established the Oregon Port Plan-

ning and Development Advisory Committee consisting ofnine members The membership of the advisory committeeshall consist of the following

a) Four members with experience in port management,

each of whom shall he appointed from a different port region

specified in ORS 777 840 The Oregon Public Ports Associa-

tion may recommend persons to the Governor for appointment under this paragraph and the Governor may select

persons recommended b} the association when making suchappointments However, the Governor may appoint to the

advisory committee qualified persons from each of the fourport regions specified in ORS 777840 other than those

persons recommended by the association

b) Five members who shall he appointed by the Gover-

nor from mdniduals having any of the following qualifications

A) Broad knowledge and extensive experience in recrea-

tion and tourism in this state,

B) Broad knowledge and extensive experience in basic

trade and industry, with particular emphasis in internationalmarketing,

C) Broad knowledge and extensne experience in trans-

portation,

D) Extensne experience in representing the interests oflabor and

E) Broad knowledge of financial management with

extensive experience in bond financing

2) The representation on the advisory committee pro - v ided for in this section shall be maintained by the Governorin making appointments to fill vacancies

3) The term of office of each member is four years A

member is eligible for reappointment, but no member shall

serve for more than two consecutive terms Before the expira-

tion of the term of a member, the Governor shall appoint a

successor, consistent with subsection ( 1) of this section,

whose term begins on January 1 next following If there is a

vacancy for an} cause, the Governor shall make an appointment to become immediately effective for the unexpired term

4) A member of the advisory committee is entitled tocompensation and expenses as provided in ORS 292 495

1987 c 607 §4)

Sec 5 ( 1) Notwithstanding the term of office specifiedby section 4 of this 1987 Act, of the members first appointedto the advisory committee

and

a) Five shall sene for terms ending December 31, 1991,

b) Four shall serve for terms ending December 31, 1989

3) The advisory committee shall meet at least quarterlyand as the advisory committee determines necessary at timesand places specified by the call of the chairperson or of amajority of the members of the advisory committee

4) In accordance with applicable provisions of ORS

183 310 to 183 550, the advisory committee may adopt rulesnecessary for the administration of the laws that the advisorycommittee is charged with administering [ 1987 c 607 § 61

Sec 7 ( 1) The Oregon Port Planning and Develop- ment Advisory Committee is established to

a) Coordinate with all ports incorporated under ORS

chapter 777 or 778 in their planning and development activities and to advise the Economic Development Commission on

such issues affecting and of importance to the state' s ports,

b) Make specific recommendations on port planningand development projects to the Economic Development

Commission, and

c) Oversee all studies of the ports in this state, incooperation and consultation with the individual ports

involved in each study In addition to any other port studiesthat may be conducted, the advisory committee shall requireand cause at least the two port studies described in this

paragraph to be conducted If the advisory committee consid-

ers it necessary, the advisory committee may appoint a taskforce to determine the scope of any study The advisory

committee shall be responsible for reporting the findings ofthe studies, including specific recommendations, to the Sixty - fifth Legislative Assembly The two studies required underthis paragraph are

A) A study of the governmental and management structures necessary for the full development of commerce alongthe Columbia River, which shall focus on developing strategies and an implementation plan to fully develop the potential of the Columbia River and to best utilize the resources in

deepwater port transportation from Port of Astoria to Port of

Portland to meet the transportation needs of Oregon business

and commerce and

B) A study of the potential, the development and themarket opportunities for deepwater, recreational and inland

ports, which shall focus on differential analyses of these three

types of ports, and on developing strategies to best develop thefull potential of the ports in each of these three categories

2) The advisory committee shall alsoa) Foster cooperation from other public agencies to

assist and facilitate port planning and development,

b) Encourage private sector involvement in port plan-

ning and development projects, c) Recommend standards for performance and manage-

ment for the operation of port facilities and marketing activities,

1155

SUPERSEDED


d) Advise the Ports DiNision in providing technicalassistance to the state' s ports as specified in section 17 of this

1987 Act and

e) Initiate contact with Washington ports on the

Columbia River to develop projects of mutual benefit 11987c 607 § 71

Sec 8 ( 1) The Economic Development Commission

shall require the advisor} committee to submit a report of its

activities to the commission at least once in each calendar

quarter

2) The advisory committee shall submit to the Gover- nor, the Joint Legislative Committee on Trade and hconomic

Dev elopment and to each port in this state an annual report of

the activities of the advisory committee in such detail as willadequately describe the administration of sections 2 to 8 ofthis 1987 Act the effect of sections 2 to 17 of this 1987 ALL on

ports in Oregon and the condition of the funds created under

ORS 777 727 and 777 884 11987 c 607 § 8]

Sec 9 The Oregon Port Planning and DevelopmentAdvisory Committee is established for the period of four years

following the effective date of this 1987 Act [July 11, 198711987 c 607 §91

PORTS

Policy)

777.003 Policy ( 1) The Legislative

Assembly finds thata) The ports of this state ought to be more

directly and actively involved in creating andcarrying out at the local level the economic development objectives and programs of the State ofOregon

b) Ports in this state provide effective localassistance to state economic and transportation

development efforts

c) Ports in Oregon are vital to many important existing industries in this state, such asagriculture, aviation, maritime commerce, inter-

national trade, tourism, recreation, fishing, woodproducts and transportation

d) The ports in this state have few technicalor institutional resources to deal with multiple

state and federal programs

e) Ports in this state need coordinating andplanning assistance from the State of Oregon inorder to be competitive in national and international markets and to continue to contribute to

the economic development efforts in this state

2) Therefore, the Legislative Assemblydeclares that it is the policy of this state to takean active role in Oregon' s port planning anddevelopment To that end, the Economic Devel-

opment Commission and the Ports Division maywork to

a) Coordinate with the Department ofTransportation and other state agencies, com-

missions and advisory committees engaged in

activities affecting ports to facilitate the planningand development of the state' s ports,

b) Promote local cooperation in state -wide

planning and development of the ports,

c) Promote long -term economic self- suffi- ciency of the ports,

d) Encourage cost - effective investmentswith prudent financial consideration of portdevelopment projects, and

e) Facilitate the ports in enhancing the management capability in their effort to expand andrespond to greater domestic and internationalmarket opportunities 11987 c 607 43]

Definitions)

777. 005 Definitions for ORS 777. 005to 777. 725. As used in ORS 777 005 to 777 725, unless the context requires otherwise

1) ` Board" means the board of commissioners of a port

2) " County" means the county in which theport, or the greater portion of the area of the port,

is located

3) " County board" means the county court orthe board of county commissioners of the county

4) " County clerk" means the county clerk ofthe county

5) " Port" means a municipal corporation

incorporated, or proposed to be incorporated, pursuant to ORS 777 010 and 777 050

6) " Owner" or "landowner" means the record

owner of real property or the vendee of a recordedcontract of purchase of real property, if any, tothe exclusion of the vendor [ Amended by 1971 c 728

1 1983c83§ 1091

Organization of Ports)

777. 010 Areas which may be incorporated as ports. ( 1) Municipal corporations

designated as ports may be incorporated, in themanner provided in this section and ORS777 050

2) A proposed port may include all theterritory in one county However, where a petition is filed for incorporation of a port, theterritorial limits of which do not include the

county as a whole, the limits proposed by thepetition shall not extend beyond the natural

watershed of any drainage basin whose watersflow into another bay, estuary or river navigablefrom the sea situate within the county. [Amended by

1156

SUPERSEDED

PORTS GENERALLY; PORTS DIVISION 777.095

1959 c 602 § 1, 1963 c 209 § 1 1967 c 442 § 1, 1971 c 727 4182,

1971 c 728 § 2]

777 015 [ Amended by 1967 c 342 §2, repealed by 1971c 727 § 203]

777 020 [ Amended by 1959 c 602 § 2, 1963 c 252 § 1,

repealed by 1971 c 727 § 2031

777 022 [ 1959 c 602 § 4, 1963 c 252 § 2, repealed by

1971 c 727 § 203 and by 1971 c 728 § 138]

777 025 [ Amended by 1967 c 342 §3, repealed by 1971c 647 § 149 and h) 1971 c 728 § 138]

777 030 [ Amended by 1959 c 57 § 1, 1963 c 252 § 3

repealed by 1971 c 647 § 1491

777 035 [ Amended by 1967 c 342 §4, repealed by 1971c 727 §203]

777 040 [ Amended by 1959 c 602 0, repealed b) 1971c 727 §203]

777045 Repealed b} 1971 c647 § 149 and b) 1971

c 727 §203]

777.050 Operation and effect of proclamation; general corporate powers and

capacity. From the date of the formation order, the port specified in the order shall

1) Have perpetual succession

2) Have, and may exercise and carry out, thecorporate powers and objects declared by ORS777 005 to 777 725

3) Make all contracts, hold, receive and

dispose of real and personal property, and do allother acts and things which may be requisite, necessary or convenient in carrying out theobjects of the corporation or exercising thepowers conferred upon It

4) Sue and be sued, plead and be impleaded

in all actions, suits or proceedings brought by oragainst It [ Amended b) 1971 c 727 § 184 1971 c 728 § 101

777 055 [ Repealed by 1971 c 728 § 138]

777 060 Amended by 1963 c 268 § 18, repealed by1971 c 727 § 2031

Facilities for World Maritime Trade)

777.065 Development of port facilitiesat certain ports as state economic goal;

state agencies to assist ports. The Legislative

Assembly recognizes that assistance and encouragement of enhanced world trade opportunities

are an important function of the state, and that

development of new and expanded overseas markets for commodities exported from the ports of

this state has great potential for diversifying andimproving the economic base of the state There- fore, development and improvement of port facilities suitable for use in world maritime trade at

the Ports of Umatilla, Morrow, Arlington, TheDalles, Hood River and Cascade Locks and the

development of deepwater port facilities at

Astoria, Coos Bay, Newport and Portland isdeclared to be a state economic goal of high

priority All agencies of the State of Oregon aredirected to assist in promptly achieving the creation of such facilities by processing applicationsfor necessary permits in an expeditious mannerand by assisting the ports involved with availablefinancial assistance or services when necessary11981 c 879 § 61


Assembly but was not added to or made a part of ORS chapter777 or any series therein by legislative action See Preface toOregon Revised Statutes for further explanation

Port Powers and Functions; PortCommissioners)

777.080 Application of special districtelection laws to ports. ( 1) ORS chapter 255

governs the followinga) The nomination and election of district

commissioners

b) The conduct of district elections

2) The electors of the district may exercisethe powers of the initiative and referendum

regarding a district measure, in accordance withORS 255 135 to 255 205 11983 c 350 § 3251

777. 090 Agreements between ports; allocation of expenses and revenues. A port

may enter into agreements with other ports toexercise ,jointly all powers granted to any of theagreeing ports The agreement may authorizejoint acquisition of real property or other inter-

ests in land and may provide for the allocationamong the agreeing ports of expenses incurred orrevenues received in the performance of the

agreement 11981 c 879 § 30]

Note 777 090 to 777 100 were enacted into law b the

Legislative Assembly but were not added to or made a part ofORS chapter 777 or any series therein by legislative actionSee Preface to Oregon Revised Statutes for further explana-

tion

777. 095 Agreement between Port of

Astoria and State Land Board concerningdeepwater port facility at Tongue Point; division of revenue; board' s share credited

to Common School Fund. Any agreementbetween the Port of Astoria, individually or inconjunction with another port, pursuant to ORS

777 090, and the State Land Board shall specify adivision between the parties of all net revenues

accruing from the management of the deepwaterport facility at Tongue Point The State LandBoard's share of the net revenues shall be transferred to the Division of State Lands and credited

to the Common School Fund 11981 c 879 § 91

1157

SUPERSEDED



777. 100 Annual report to legislative

committee concerning agreements made

under ORS 777.090. Annually, the directorsof any agreeing ports and the Director of theDivision of State Lands shall report to the Legis- lative Committee on Trade and Economic Devel- opment the nature of all agreements made under

ORS 777 090 and accomplishments thereunder1981c879$ 111


777. 105 Bay, river and harbor

improvement. A port may improve bays, riversand harbors within its limits and between itslimits and the sea for the width and length and tothe depth the port considers necessary or convenient for the use of shipping and as the means at itsdisposal will allow It may construct the canals, basins and waterways necessary or convenient forthe use of shipping or the extension of the commerce of the port [ Amended by 1971 c 728 § 121

777. 108 Agreements between two ormore ports. Two or more ports may enter agreements, to exercise jointly all powers granted toeach of the agreeing ports individually In theexercise of such powers ports may acquire jointlyall lands, rights in real property, leases or easements necessary for their purposes However, ports so acting jointly shall not acquire real

property or rights in any other port without the

consent of such port [ 1961 c 367 § 2 1971 c 728 § 131

777. 110 Contracts with Federal Gov-

ernment, A port may1) Contract with the Federal Government to

do all or part of the work of making or maintaining, or both, a depth of water in the bays, harborsor rivers as determined by the Federal Govern - ment, and

2) Receive therefor compensation as agreedbetween the Federal Government and the portAmended b} 1971 c 728 $ 141

777. 112 Contracts between ports andother governmental units ( 1) A port mayenter into a contract with the United States, or

with a county, city, port or other municipalcorporation of the State of Oregon or of the Stateof Washington or with either of those states

a) To provide facilities or services that anyof the contracting parties might provide or perform separately for the improvement or maintenance of the bays, harbors and channels of theColumbia River and other Oregon rivers andstreams, or

b) To exercise the powers which any of thecontracting parties has to control the use of thewaters, shores and banks thereof

2) Any port may enter into any contract oragreement with established diking districts, drainage districts, soil and water conservationdistricts, water control districts or corporations

for the use and control of water for promotingerosion control, pollution control or otherwise

protecting, maintaining and enhancing waterswithin the boundanes of the port district

3) Expenses incurred or revenues received in

the performance of a contract or agreement

entered into under subsections ( 1) and (2) of this

section shall be allocated among the contractingparties as the contract shall provide ] 1961 c 367 § 3,

1971 c 691 § 1 1971 c 728 § 1391

777. 113 Port assistance to other governmental units within port boundaries.

Consistent with the purposes, functions andpowers granted to it by law, a port may provideresearch or technical assistance for the planning, promotion or implementation of commercial,

industrial or economic development projects

upon request by any city, county or municipalcorporation within the boundaries of the port11977 c 209 § 21

Note 777 113 was enacted into law by the LegislativeAssembly and was added to and made a part of ORS chapter

777 but was not added to or made a part of any series thereinby legislative action See Preface to Oregon Revised Statutesfor further explanation

777 115 [ Repealed bi 1971 c 728 § 16 ( 777 116 enactedin lieu of 777 115)]

777. 116 Port may acquire real and personal property; appraisal required; pur-

chase contract limited. ( 1) A port mayacquire, by condemnation or other lawfulmethod, hold, use, enjoy and convey, lease orotherwise dispose of real and personal property, or any interest therein, necessary or convenientin carrying out its powers Condemnation proceedings shall be conducted as provided by ORSchapter 35

2) A port shall not purchase real propertywithout first appointing a port staff appraiser or adisinterested independent appraiser If the

appraiser determines the value of the propertyexceeds $ 100, 000, then the port shall appoint oneadditional disinterested appraiser The appraisal

shall fix the fair market value of the propertyproposed to be purchased This subsection, however, does' not require a port to purchase such

property at the appraised value, nor shall theappraisal be admitted in evidence in any condemnation proceeding

3) Notwithstanding the provisions of ORS696 030, a port staff appraiser shall be a licensedreal estate appraiser under ORS 696 162

1158

SUPERSEDED

PORTS GENERALLY; PORTS DIVISION 777. 135

4) A port may purchase real or personalproperty upon a contractual basis when theperiod of time allowed for payment under thecontract does not exceed 20 years [ 1971 c728 § 17enacted in lieu of 777 115 777 185 and 777 187), 1973 c 127

2, 1975 c 43 § 1 1979 c 17 § 11

777. 120 Port' s authority over harbors, wharf lines and navigation. ( 1) To the full

extent the State of Oregon might exercise controlor grant to ports the right to exercise control, a

port has full control of all bays, rivers and harborswithin its limits, and between its limits and thesea As convenient, requisite or necessary or inthe best interests of the maritime shipping andcommercial interests of the port, a port may, within its limits

a) Make, change or abolish wharf lines in

bays, rivers and harbors

b) By ordinance make, modify or abolishregulations for the use of navigation, or for the

placing of obstructions in or the removal ofobstructions from bays, rivers and harbors

2) A port shall have the authority to engagein the control and prevention of river and stream

bank erosion, and the prevention of damage fromfloodwater and sediment, and to make, establish,

change, modify or abolish such rules and regulations to preserve natural resources and prevent

estuary and stream pollution within the boundaries of the district [ Amended by 1971 c 268 § 20, 1971c 691 § 2 1971 c 728 § 1401

777. 125 Ports may maintain tug andpilotage service; charges; port' s liabilitylimited; salvage claims. ( 1) A port may establish, maintain and operate a tugboat and pilotage

service in the port and between the port and thesea To provide such service, it may purchase, lease, control and operate tugboats and pilot

boats and collect charges from vessels employingsuch tugs for towage or pilotage services

2) The charges for towage and pilotage shall

be fixed by the board and filed in the records ofthe port A port is entitled to a lien upon a vessel

for any sums due the port for piloting or towingsuch vessel The master and owner of such vessel

shall, in addition, be jointly and severally liable tothe port for the sums due

3) If a vessel or cargo, while being towed by avessel owned or operated by a port or while underthe charge of a pilot employe thereof, suffers

injury or loss by reason of the fault of the tug, orthe negligence or incompetency of the pilot, theport shall not be liable for any loss or injurythereof in excess of $5, 000

4) A port may claim and collect salvage forservices rendered to vessels in distress in the

same manner as a natural person [ Amended by 1971c 728 § 20]

777 130 [ Amended by 1963 c 219 § l, 1963 c 365 § 1, 1965 c 445 § 1, 1967 c 416 § 2, 1969 c 497 § 1, repealed by 1971

c 728 § 21 ( 777 195 to 777 258 enacted in lieu of 777 130)]

777. 132 Authority of ports to distribute water; construct and maintain

marina and recreation facilities. (1) A port

may distribute water for domestic purposes, industrial purposes, irrigation purposes or for the

purposes of recharging ground water basins orreservoirs within or without the port

2) A port may construct, improve, maintainand operate public marina or other recreation

facilities Such facilities may include camp- grounds or parks which the port may operate andmaintain or lease to public or private organiza-

tions or persons for operation and maintenance1969 c 497 § 3, 1971 c 728 §29, 1973 c 127 § 1 1974 s s c 39 § 1,

1987 c 103 § 11


Assembly but was not added to or made a part of 777 115 to777 160 by legislative action See Preface to Oregon RevisedStatutes for further explanation

777. 135 Board of port commissioners; qualifications; appointment; term; firstmeeting; election. ( 1) The power and authoritygiven a port is vested in and shall be exercised bya board of five commissioners, each of whom shall

be an elector registered in the port

2) Within 10 days after the formation of theport, the Governor shall appoint the first board offive commissioners, each of whom shall be anelector registered in the port

3) The commissioners shall meet at a place

within the port, designated by the Governor, onthe fifth day after their appointment and shallorganize as a board, first making and subscribingto an oath of office The term of office of each

commissioner shall be determined by lot at thefirst meeting of the board The terms of two of thecommissioners expire June 30 next following thefirst regular district election, and the terms of the

remaining three commissioners expire June 30next following the second next regular districtelection.

4) At the first regular district election fol-

lowing the appointment of the first board, twocommissioners shall be elected At the second

regular district election following the appointment of the first board, three commissioners shallbe elected

5) Except as provided in subsection ( 3) ofthis section, the term of commissioner is four

years [ Amended by 1967 c 185 § 1, 1971 c 647 § 136, 1971

1159

SUPERSEDED


727 §§ 185 200 1971 c 728 § 30 1973 c 796 § 74 1983 c 83

110 1983 c 350 § 318]

777. 137 Designation of position numbers for commissioners. ( 1) Each office ofcommissioner of the board of a port shall be

designated by number as Position No 1, PositionNo 2, and so forth

2) The secretary of a port shall assign aposition number to each office on the board The

number so assigned shall be certified by thesecretary to the commissioner in office holdingthat position The secretary shall file a copy ofthe certification with the election officer for thedistrict 11969 c 297 § 2, 1971 c 728 §31, 1983 c 350 §319

777. 140 Board meetings; board

officers; public records. ( 1) A board shall

meet at a place within the port as it may fromtime to time determine A board shall hold at

least one regular meeting in each month on a dayto be fixed by it, and may hold special meetings asprovided by its rules

2) A board shall choose from its number a

president, vice president, treasurer and secretary, who shall hold their offices until the next election

of officers and who shall have the powers andperform the duties usual in such cases Annual

reports shall be made by the president, vicepresident, treasurer and secretary and filed withthe board

3) All proceedings of a board shall be enteredin the records of the board All books, maps, plans, documents, vouchers, reports and other

papers and records pertaining to the business ofthe port shall be public records [ Amended by 1971c 728 432]

777 145 1 Repealed by 1969 c 345 § 201

777. 150 Port employes; compensation.

A port may employ engineers, superintendents, mechanics, clerks or other persons as it may findrequisite, necessary or convenient and fix theirrates of compensation [ Amended by 1967 c 412 61, 1971e 409 § 16, 1971 c 728 § 36]

777. 155 Division of ports into sub-

districts. Upon a petition of the electors filedwith the board within 10 days after the date of aboundary or name change order a board shallsubdivide the port Such a petition shall be signed

by electors registered in the district equal innumber to at least 25 percent of the electors who

voted at the last port election The board byresolution shall divide the port into five sub-

districts approximately equal in population Notlater than the 10th day after the resolution isadopted, the secretary of the board shall file acertified copy of the resolution with the county

clerk of each county in which the district islocated [ Amended by 1963 c 268 § 19, 1967 c 498 § 3, 1971c 727 § 186 1971 c 728 § 37, 1983 c 83 § 111, 1983 c 350 § 320

777160 Representation by subdistricts; terms of commissioners after sub -

districting. ( 1) At the first regular districtelection after the effective date of the division of aport into subdistricts under ORS 777155 or777 326, one commissioner shall be elected fromeach subdistrict Thereafter election of commis-

sioners shall be by subdistrict and by the electorsin each such subdistrict

2) The terms of office of the incumbentcommissioners of a port that is subdivided as

provided by ORS 777 155 or 777 326 terminateon June 30 following the first regular districtelection after the effective date of the division of

the port into subdistricts

3) The two commissioners who receive the

greatest number of votes cast at the election

under subsection ( 1) of this section shall hold

office for the term of four years beginning July 1following the election The three commissionerswho receive the lesser number of votes cast at theelection shall hold office for the term of two years

beginning July 1 following the election [ Amendedby 1963 c 268 § 20 1967 c 498 §4 1971 c 727 § 187, 1971 c 728

38, 1973 c 796 § 75, 1983 c 350 § 3211

777. 165 Vacancies. NotwithstandingORS 198 320, the Governor may fill vacancies onthe board of any port by appointment when thevacancies exist as a result of the failure to nomi-

nate and elect board members as provided in ORS777080, 777 135 and 777 160 The appointeesshall be electors registered in the port If the portis divided into subdistricts under ORS 777 155 or777 326, the appointees shall be electors regis-

tered in the subdistrict represented by the vacantposition The terms of the appointees shall be

determined by lot at a meeting of the board heldwithin five days after the appointment However,

the term of an appointee shall expire on June 30

next following the succeeding regular districtelection at which a successor is elected The termsof the appointees shall be arranged with the terms

of the other members so that the terms of not

more than three commissioners expire on June 30

next following any regular district electionAmended by 1969 c 669 § 18, 1971 c 728 § 39, 1981 c 173 § 53,

1983 c 83 § 112, 1983 c 350 § 322]

777 170 [ Amended by 1971 c 728 §40, 1975 c 647 §51, repealed by 1981 e 179 § 54 ( 777 171 enacted in lieu of777170) 1

777 171 11981 c 173 § 55 ( enacted in lieu of 777 170),

repealed by 1983 c350 §331a1

1160

777 175 [ Repealed by 1971 c 728 § 138]

SUPERSEDED


777, 180 Powers of ports created byspecial laws. All ports created prior to April 17,

1920, under any special law of the LegislativeAssembly of this state shall, in addition to thepowers they possessed on that date, have all thepowers possessed by ports under the general lawsof this state, except the power to borrow moneyand issue bonds under ORS 777 410 and 777 415

Amended by 1971 c 728 §41]

777 185 [ Amended by 1963 c 327 § l, 1971 1 545 § 1,

repealed by 1971 c728 § 16 ( 777 116 enacted in lieu of777 185) 1

777 187 [ 1967 c 186 § 2 repealed by 1971 e 728 § 16

777 116 enacted in lieu of 777 167)]

777. 190 Ordinances for policing or

regulating of port property. A port may byordinance in accordance with ORS 198 510 to198 600 make, modify or abolish regulations toprovide for the policing, control, regulation andmanagement of property owned, operated, main-

tained or controlled by the port A port, for thepurpose of enforcing such ordinances, mayappoint peace officers who shall have the same

authority, for the purpose of the enforcement ofthe ordinances, as other peace officers [ 1955 c fi99

2, 3 4, 1959 c 255 § 1 1971 c 268 § 21 1971 c 728 § 421

777, 195 Port may engage in certainwater commerce- related activities. A portmay, for hire

1) Acquire, charter, own, maintain and operate watercraft for the transportation of all kindsof merchandise, freight and commercial or recrea-

tional passengers, and engage generally in thecoastwise trade and commerce, both domesticand foreign

2) Own, acquire, construct, operate and

maintain railroad terminal grounds and yards,

and construct, operate and maintain such line orlines of railroad, with necessary sidetrack, turnouts, switches and connection and arrangements

with other common carriers, as may facilitatewater commerce between common carriers and

points within the port, and carry and transportfreight and passengers and move passenger trains

over the lines

3) Acquire, own, lease, rent, operate, maintain and dispose of towboats, barges and othervessels for the transportation of cargo or passengers in maritime commerce on the Columbiaand Snake Rivers and their tributaries, within orwithout the boundaries of this state

4) Acquire, own, lease, rent, operate, maintain and dispose of unit trains and related facilities for the transportation of bulk commodities tofacilities within the port from locations within or

without the port 11971 c 728 522 ( enacted m het, of

777130) 1979c109 § 1, 19811879 §21

777 205 11964 c 209 §3, repealed by 1971 c 727 § 203]

777.210 Port may engage in certainport management activities. A port may

1) Establish, operate and maintain water

transportation lines in any of the navigablewaters of this state and waters tributary thereto, any portion of which may touch the boundaries ofthe port

2) Engage generally in the business of buyingand selling coal, fuel oil and all kends of fuel forwatercraft of all kinds

3) Acquire, construct, maintain or operatesea walls, letties, piers, wharves, docks, boat landings, warehouses, storehouses, elevators, grain

bins, terminal icing plants, facilities for processing agricultural, fish or meat products, bunkers, oil tanks, ferries, canals, locks, tidal basins, bridges, subways, tramways, cableways, con-

veyors, power plants, power transmission lines, administration buildings and fishing terminals, and modern appliances and buildings for theeconomical handling, packing, storing and transportation of freight and handling of passengertraffic with full power to lease and sell the same,

together with the lands upon which they are

situated, whether held by the port in its governmental capacity or not

4) For the public convenience and the con-

venience of its shipping and commercial inter-

ests, may improve all or any portion of thewaterfront of its harbors, rivers and waterways

5) Enlarge its tidal area, and construct, excavate or dredge canals and channels connecting itswaterways with one another or with other water-

ways and the sea

6) Acquire or construct, maintain or operateairports anywhere within the port

7) Acquire, construct, maintain, operate, support, promote or invest in facilities andrelated activities for the propagation of fish inaccordance with the commercial fishing laws1971 e 728 § 23 ( enacted in Lau of 777 130), 1979 c 407 § d]

777 215 [ 1963 c 209 § 4, repealed by 1971 c 727 § 203j

777 220 Port may collect certain feesfrom port users. A port may collect fromvessels using any port facility, wharfage, dockageand drydockage, and collect from owners or consignees of goods passing over the docks andwarehouses, wharfage and storage charges forgoods so handled [ 1971 c 728 924 ( enacted in lieu of777 130)]

1161

777 225 [ 1963 c 209 § 5, repealed by 1971 c 727 § 2o31

SUPERSEDED


777. 230 Port may provide power forport purposes; limitation on sale of electric

power to public. (1) A port may

a) Design, erect, complete, operate andmaintain all necessary hydroelectric, steam -gen- crating, electric, oil, gasoline or other power -

producing plants or systems, for the purpose ofgenerating electrical current for lighting andpower purposes

b) Acquire rights of way for the placing oftransmission lines over which to carry the electrical energy required between the points of origin or production and the locations where suchpower may be carried for distribution, and sell, lease and dispose of same

2) This section does not authorize a port toenter into the business of supplying electricenergy or services, or other power service, to

municipalities or to the public, or for any purposeother than the construction or operation of

docks, terminals, elevators or other shippingfacilities, or in any of the work ports are authorized by law to engage in

3) Subsection ( 2) of this section shall not

prohibit a port from supplying electrical energyfrom an existing generation facility acquired incidental to the acquisition of real property ports areby law authorized to acquire, provided that a portsupplies such power to a utility under termssubstantially similar to those in effect at the timeof the acquisition [ 1971 L 728 § 25 ( enacted in lieu of

777 130), 1985 c 773 § 41

777. 240 Port may advertise and promote facilities and commerce. A port mayadvertise and promote the facilities and commerce of the port, through public and trademedia, exhibits, fairs, trade fairs and trade tours, either alone or in cooperation with others or

through associations or organizations havingsimilar interests [ 1971 c728 § 26 ( enacted m lieu of

777 130)]

777.250 Port powers with respect todevelopment and use of its lands; industrialor research and development parks; sports, recreation, convention, trade show facili-

ties. ( 1) A port may construct buildings or otherimprovements and acquire personal properties

including but not limited to machinery andequipment considered necessary whether or notnow in existence or under construction, suitable

for use by any industry for the manufacturing, refining, processing or assembling of any agricultural, mining or other products or by anycommercial enterprise in storing, warehousing, distributing or selling or servicing any products ofagriculture, mining or industry or by any profit or

nonprofit enterprise for research and development The port has full power to lease and sell the

buildings, improvements and personal property, together with the lands upon which they aresituated, whether held by the port in its governmental capacity or not

2) In addition, a port may

a) Acquire and develop land, or develop landalready owned, as the site for an industrial orresearch and development park, including as apart of such development provisions for water, sewage, drainage, roads, transportation, power, communication or other similar facilities which

are incidental to the development of the site,

b) Develop the site pursuant to a comprehensive plan in a manner compatible with otheruses in the area in which the industrial or

research and development park is located andadopt regulations necessary to implement theplan,

c) Lease, sublease or sell tracts of landwithin an industrial or research and development

park as building sites to any industry or commercial enterprise or profit or nonprofit enterprise

described by this subsection, and

d) Charge and collect fees for services madeavailable within the industrial or research anddevelopment park

3) A port may acquire, construct, maintainor operate sports, recreation, convention andtrade show facilities

4) For revenue bonding purposes under ORS777 560 to 777 590, projects undertaken underthis section shall be classified as either

a) Sales, if the port is to sell outright or byconditional sale its interest in the property, or, ifby contract the port' s title to the property isretained for a limited term only, or

b) Leases, if the port is only to rent, lease, sublease or charge a user fee for the property withthe intention of retaining title to, or possessionof, the property for its future benefit and use [ 1971c 728 § 27 ( enacted in lieu of 777 130), 1979 c 407 § la, 1979

c 109 § 2 1983 c 459 § 15, 1987 c 103 § 21

777 255 [ Repealed bi 1963 c 268 § 211

777.258 General powers of port in promotion of certain interests. A port may, ingeneral, do such other acts and things, not mentioned by ORS 777 195 to 777 258, as tend topromote the maritime shipping, aviation andcommercial interests of the port [ 1971 c 728 § 28

enacted in lieu of 777 130) 1

1162

777 260 [ Repealed by 1963 c 268 §211

SUPERSEDED

PORTS GENERALLY: PORTS DIVISION 777. 347

777 265 [ Repealed by 1963 c 268 § 211

777 270 [ Amended by 1959 c 602 § 6, repealed b} 1963c 268 § 211

777 272 1959 c 602 § 8, repealed by 1963 c 268 § 211

777 275 Repealed by 1963 c 268 § 21]

777 280 Repealed by 1963 c 268 § 21]

777 285 Repealed by 1963 c 268 § 211

777 290 Repealed by 1963 c 268 § 21]

777 295 Repealed by 1963 c 268 § 21J


777. 326 Special procedure for annexations increasing by one - half or more thearea or assessed value of taxable propertywithin the port. ( 1) This section applies when

an annexation would increase the area of a port

by one - half or more, or would increase theassessed value of taxable property within a port

by one - half or more An annexation proposalsubject to this section, if approved by the countyboard, shall be submitted to the electors at anelection which shall be held at the same time as astate - wide general or primary election At thesame election the board shall submit to the electors a proposed new tax base

2) When the county board orders an electionon the annexation proposal, the board shall adopt

an order dividing or redividing the area of theport, including the territory annexed, into fivesubdistncts The boundaries of the subdistnctsshall be determined in accordance with ORS777 155 and shall be described in the order callingthe election on the proposed annexation

3) At the first regular district election following the effective date of the annexation, onecommissioner from each of the five subdistnctsestablished under subsection ( 2) of this section

shall be elected The terms of the incumbentcommissioners shall terminate and the terms of

the commissioners elected under this subsection

shall commence as provided in ORS 777 160

4) If the annexation is approved, the order

proclauning the annexation shall also describethe boundaries of the subdistncts established as

provided by subsection ( 2) of this section [ 1967c 498 § 2, 1971 c 647 § 140, 1971 c 727 § § 188, 201 1971 c 728

49, 1983 c 350 § 3231

Note The amendments to 777326 by section 79, chapter 267, Oregon Laws 1987, is repealed on January 1,

1994 See section 82 chapter 267, Oregon Laws 1987 fhe textis set forth for the user' s camemence

777 326 ( 1) Phis section applies when an annexation

would increase the area of a port by one - half or more, or wouldincrease the assessed calve of taxable property within a port

by one - half or more An annexation proposal subject to thissection, if approved by the county board, shell he submitted tothe electors at an election which shall he held at the same time

as a biennial pnmary or general election 4t the same electionthe board shall submit to the electors a proposed new tax base

2) When the county board orders an election an theannexation proposal, the board shall adopt an order dividing

or rednidmg the area of the port including the territoryannexed, into five subdistncts The boundaries of the sub-

districts shall be determined in accordance with ORS 777 155and shall be described in the order calling the election on theproposed annexation

3) At the first regular district election following theeffective date of the annexation, one commissioner from eachof the five subdistnUS established under subsection ( 2) of thissection shall be elected The terms of the incumbent commis-

sioners shall terminate and the terms of the commissioners

elected under this subsection shall commence as provided in

ORS 777 160

4) if the annexation is approved, the order proclaiming

the annexation shall also describe the boundaries of thesubdistncts established as provided by subsection ( 2) of thissection

777 327 11959 c 602 § 11, repealed by 1963 c 268 § 211

777 328 ( 1963 c 268 § 8, repealed by 1971 c 727 § 2031

777 330 [ Repealed by 1969 c 268 § 211

777 333 [ 1969 c 268 § 9, repealed by 1971 c 727 § 203

and by 1971 c 728 § 1381

777 335

Annexation)

777 300 11963 c 268 § 2, repealed by 1971 c 727 § 203]

777 303 1963 c 268 § 3, repealed by 1971 c 727 § 2031

777 305 Repealed by 1963 c 268 §211

777 307 11963 c 268 § 4, repealed by 1971 c 727 § 2031

777 310 Repealed by 1963 c 268 §211

777 313 1963 c 268 § 5, repealed by 1971 c 727 § 2091

777 315 Repealed by 1963 c 268 §21]

777 317 11963 c 268 § 6, repealed by 1971 c 727 § 203]

777 320 Repealed by 1963 c 268 § 211

777 323 1963 c 268 § 7 repealed by 1971 c 727 § 2031


777. 326 Special procedure for annexations increasing by one - half or more thearea or assessed value of taxable property

within the port. ( 1) This section applies when

an annexation would increase the area of a port

by one - half or more, or would increase theassessed value of taxable property within a port

by one - half or more An annexation proposalsubject to this section, if approved by the county

board, shall be submitted to the electors at anelection which shall be held at the same time as a

state - wide general or primary election At thesame election the board shall submit to the elec-

tors a proposed new tax base

2) When the county board orders an electionon the annexation proposal, the board shall adopt

an order dividing or redividing the area of theport, including the territory annexed, into five

subdistncts The boundaries of the subdistnctsshall be determined in accordance with ORS

777 155 and shall be described in the order callingthe election on the proposed annexation

3) At the first regular district election following the effective date of the annexation, one

commissioner from each of the five subdistnctsestablished under subsection ( 2) of this section

shall be elected The terms of the incumbentcommissioners shall terminate and the terms of

the commissioners elected under this subsection

shall commence as provided in ORS 777 160

4) If the annexation is approved, the order

proclauning the annexation shall also describethe boundaries of the subdistncts established as

provided by subsection ( 2) of this section [ 1967c 498 § 2, 1971 c 647 § 140, 1971 c 727 § § 188, 201 1971 c 728

49, 1983 c 350 § 3231

Note The amendments to 777326 by section 79, chapter 267, Oregon Laws 1987, is repealed on January 1,

1994 See section 82 chapter 267, Oregon Laws 1987 fhe textis set forth for the user' s camemence

777 326 ( 1) Phis section applies when an annexation

would increase the area of a port by one - half or more, or wouldincrease the assessed calve of taxable property within a port

by one - half or more An annexation proposal subject to thissection, if approved by the county board, shell he submitted to

the electors at an election which shall he held at the same time

as a biennial pnmary or general election 4t the same electionthe board shall submit to the electors a proposed new tax base

2) When the county board orders an election an theannexation proposal, the board shall adopt an order dividing

or rednidmg the area of the port including the territoryannexed, into five subdistncts The boundaries of the sub-

districts shall be determined in accordance with ORS 777 155and shall be described in the order calling the election on the

proposed annexation

3) At the first regular district election following theeffective date of the annexation, one commissioner from each

of the five subdistnUS established under subsection ( 2) of thissection shall be elected The terms of the incumbent commis-

sioners shall terminate and the terms of the commissioners

elected under this subsection shall commence as provided in

ORS 777 160

4) if the annexation is approved, the order proclaiming

the annexation shall also describe the boundaries of thesubdistncts established as provided by subsection ( 2) of this

section

777 327 11959 c 602 § 11, repealed by 1963 c 268 § 211

777 328 ( 1963 c 268 § 8, repealed by 1971 c 727 § 2031

777 330 [ Repealed by 1969 c 268 § 211

777 333 [ 1969 c 268 § 9, repealed by 1971 c 727 § 203

and by 1971 c 728 § 1381

777 335 Repealed by 1963 c 268 § 211

777 337 1963 c 268 § 10, repealed by 1971 c 727 § 203]

777 340 Repealed by 1963 c 268 § 21]

777 343 11963 c 268 § 11, repealed by 1971 c 727 ¢2031

777 345 Repealed by 1963 c 268 § 21]

777.347 Consent of State Lands Divi- sion for state lands. The Division of StateLands is authorized to consent to annexation

with respect to any land owned by the State ofOregon, under the jurisdiction of the division, which is located in the territory proposed to beannexed [ 1963 c 268 § 12, 1971 c 727 § 1891

1163

SUPERSEDED


777 350 Repealed by 1963 c 268 § 211777.353 Annexation of enclave. When

territory not part of another port or whollybelonging to the state or Federal Government issurrounded by the boundaries of a port, the boardof the surrounding port may, by resolution, annexthe territory to the port with or without theconsent of any resident or owner of propertywithin the territory and without submitting theproposed annexation to the electors for approval

1963 c 268 § 13 1971 c 728 § 521

777 355 [ Repealed by 1969 c 268 § 21 ]

777 357 11963c 268 § 14, repealed by 1971 c 727 § 2031

777 360 [ 1963 c 268 § 15, repealed by 1971 c 647 § 149and by 1971 c 727 § 203 and by 1971 c 728 § 138]

777. 365 Name change of port; notice A

board may, within 60 days following an order ofannexation, change the name of the port by ordermade at any regular meeting Notice of the proposed change, Including the new name, shall begiven by publication in a newspaper of generalcirculation in the port once a week for three

successive weeks prior to the meeting [ 1963 c 26810, 1971 c 727 § 190, 1971 c 728 § 341

777 370 [ 1963 c 268 § 17, repealed by 1971 e 727 § 203]

Port Fiscal Matters)

777 395 [ 1967 c 416> §1, 1971 c 728 F 18 repealed by1975 c 771 § 33]

777.405 Deposit and disbursement ofmoneys; financial records. ( 1) Money of aport shall be deposited In one or more banksdesignated by the board Funds shall be withdrawn only when previously ordered by the board, upon a check signed by the treasurer and countersigned by the president or, in the president' sabsence or inability to act, by the vice president

2) A receipt or voucher showing clearly thenature and items covered by each check drawnshall be kept on file [ Amended by 1971 c 728 § 33]

777.410 Ports may borrow money andissue bonds. ( 1)( a) For the purpose of carryinginto effect any of the powers granted by ORS777 105 to 777 258, a port may, when authorizedso to do by the electors, borrow money and selland dispose of bonds, which shall constitute ageneral obligation of the port and be secured bythe port's full faith and credit The bonds shall besecured by the taxing power of the port as provided in ORS 777 430 ( 2) In addition, the portmay provide that the bonds shall be payable fromand secured by a lien and pledge of all or any partof the revenues derived by the port from thefacilities constructed from the proceeds of thebonds Bonds outstanding at any one time shall

never exceed in the aggregate two and one -halfpercent of the true cash value of all taxable

property within the port, computed in accordancewith ORS 308 207

b) A port may provide for the creation ofspecial trust funds and may authorize theappointment of a trustee to administer such

funds A port may obligate itself to set aside andpay into a special trust fund any revenues pledgedto the payment of bonds A port, from availablefunds, may establish and fund debt service, operation and maintenance reserves

c) Proceeds from the sale of bonds may beused by a port to pay the costs Incurred in Issuingthe bonds, to pay the costs of preliminary workIncident to Issuing and selling the bonds, including but not limited to planning, engineering, Inspection, accounting, fiscal, legal, trustee andother similar expenses, to pay interest on the

bonds for such time as the port may determine, but not exceeding six months beyond completionof the facilities financed with the bonds, and toestablish reserves for debt service on the bonds

2) Without elector approval the board may, whenever it determines that an emergency exists, Issue bonds, within the limitation provided bysubsection ( 1) of this section, In an aggregateamount not exceeding $ 100,000 In any period of12 months Bonds shall not be Issued under thissubsection to provide funds for the acquisition ofland Bonds Issued under this subsection shall beIssued and sold In accordance with subsection ( 3)

of this section but shall mature in such length oftime, not exceeding five years, as the board determines

3) All bonds Issued under this section shallbear Interest at the rate of percent per annumestablished by ORS 288 515 to 288 600 and shallbe Issued on such terms and conditions and atsuch time or times as the board shall determineThey shall be sold In the manner and under theconditions provided by ORS 777 500 BondsIssued under this section and ORS 777 415 shall

be executed in behalf of the port by Its presidentand secretary, shall be In denominations of $1, 000or multiples thereof, and shall mature In instal-

ments beginning not more than five and endingnot more than 30 years from issue date [ Amendedby 1957 c 375 § 1, 1963 c 9 § 37, 1965 c 223 § 1, 1971 c 728 § 71, 1973 c 127 § 3, 1977 c 698 § 1, 1981 c 94 § 52, 1981 c 289 § 1

1985 c 773 § 21

777.415 Resolution and election prerequisite to Issuance of bonds. When it Is

proposed to borrow money or to sell and disposeof bonds as authorized by ORS 777 410 ( 1), aboard shall first pass a resolution authorizing the

1164

SUPERSEDED

PORTS GENERALLY PORTS DIVISION 777 447

borrowing of money and the Issuance and sale ofbonds The resolution shall state the amount of

money to be raised, the maximum rate of Interestthat the bonds will bear and the nature and teTMSof the bonds The resolution also shall state thegeneral purpose for which the moneys to be raisedare to be used The question of issuance of thebonds shall then be referred by the board to theelectors of the port at a special election to becalled for that purpose The money raised shall beexpended for no other purpose than thatexpressed In the resolution and the purpose shall

be stated in the ballot title used in the electron Acontract involving the expenditure of funds to beraised under ORS 777 410 ( 1) shall not be enteredinto by the board until the borrowing of the fundsis approved by a majority of those voting on thequestion at the special election provided for bythis section [ Amended by 1957 c' 175 § 2, 1971 c 647 § 142, 1971 e 728 § 721

777 420 [ Repealed b) 1957 c. 175 § 31

777 425 [ Repealed by 1957 375 631

777,430 Taxing powers of ports. ( 1) Incarrying out the purposes of ORS 777 005 to777 725, a port may assess, levy and collect taxesupon all taxable real and personal property situ-

ated within the port, in an amount each year not

to exceed one - fourth of one percent ( 0025) of thetrue cash value of the property, computed inaccordance with ORS 308 207

2) Each year a port may also assess, levy andcollect a tax upon all such property in an amountsufficient to pay the yearly Interest on generalobligation bonds or other evidences ofindebted-

ness theretofore issued by the port and thenoutstanding, together with any portion of theprincipal of general obligation bonds maturingwithin that year The tax shall be applied only in

payment of interest and principal of such bondsor indebtedness However, the board may applyany other funds it may have toward such payments [ Amended by 1963 c 9 § 38 1971 c 728 § 73]

777.435 Levy, assessment and collection of taxes. ( 1) Taxes authorized by ORS777 430 shall be levied in each year and returned

to the county officer whose duty it is to extendthe tax roll by the time required by law for citytaxes to be levied and extended The countyofficer whose duty it is to extend the county levyshall extend the levy of a port in the same manneras city taxes are extended

2) All taxes levied by a port become payableat the same time and shall be collected by thesame officers as regular county taxes The countyofficers collecting the taxes shall pay them to thetreasurer of the port as provided by law [ Amendedby 1971 c 728 § 741

777.440 Levy of special tax by countycourt upon default of port officers. If a portfalls or refuses to levy the special tax provided byORS 777 430 ( 2), within the time provided, in an

amount sufficient to pay the interest accruingduring the 12 months following October 1 nextensuing on bonds theretofore issued by the portand then outstanding, together with any portionof the principal of such bonds maturing withinthe 12 months, the county board of the county inwhich the port is located, shall levy at its Julyterm immediately following such failure or refusalby the port, a tax on all the taxable real andpersonal property situated within the port, at arate sufficient to pay such interest and principalAmended by 1971 c 728 §751

777.445 Procedure subsequent to levyunder ORS 777 440. ( 1) Taxes levied underORS 777 440 by the county board shall beassessed and collected as if the levy had beenmade by the port itself

2) However, taxes thus levied by the countyboard shall not be paid to the treasurer of the port

by the county officers collecting the tax, but shallbe paid to the county treasurer to the credit of theport issuing the bonds to be used for the purposeprovided by subsection (3) of this section

3) The county treasurer shall pay from thefund the interest on or maturing principal of any

bond described by ORS 777 440 as it becomesdue, and at such places as are designated in thebonds or interest coupons thereof, or upon the

presentation at the county treasurer' s office ofthe bonds or coupons, which must show theamount due and the number and series of the

bond

4) All bonds or coupons thereof thus paid

shall be immediately reported by the countytreasurer to the port board

5) On October 1 of the next calendar year

following the year of the levy by the county board, the county treasurer shall ascertain the exactamount of interest and principal payable and still

remaining unpaid The county treasurer shallretain from the fund an amount sufficient to pay

such principal and interest and pay to the treasurer of the port any balance of the fund remainingafter making such deduction [ Amended by 1971 c 728

761

777.447 Promissory notes authorizedfor port development purposes; limitations; form; payment. In addition to other powersgranted a port, a port may, at any time, uponproper resolution adopted by the board, issuepromissory notes to assist it In carrying out thepowers granted the port under ORS 777 250 The

1165

SUPERSEDED

777,455 SHIPPING AND NAVIGATION

promissory notes shall not exceed a term of fiveyears and shall bear interest not to exceed the rate

established for bonds under ORS 288 515 to288. 600 A port shall not have more than

250, 000 in promissory notes outstanding at anyone time No tax - derived revenues shall bepledged or used to retire the notes and the notes

shall be secured solely by the assets and revenuesof the port under ORS 777 250 for which the

notes are Issued The notes shall be signed by thepresident and the treasurer of the port and shallstate what assets and revenues of the port under

ORS 777 250 shall be security for the notes andthat the notes do not constitute a full faith andcredit pledge of the port No officer or employe of

the port shall hold promissory notes under thissection Expenditure of note proceeds and payment on notes issued under this section shall first

be properly budgeted in accordance with theLocal Budget Law 11979 c 119 N2, 1981 c 94 § 531

777 450 [ Repealed by 1971 c 728 § 1181

777.455 Authority to issue refundingbonds for specified purposes, amounts. Aport may, in accordance with ORS 777 455 to777 505, Issue refunding bonds for the purpose ofrefunding and retiring all or any part of its

outstanding bonds when the holders are willing tosurrender such bonds When judgment is taken

against a port based on bonds and interest cou-

pons issued by the port, refunding bonds may beissued to provide funds with which to pay suchjudgment Such bonds may be issued, pursuant toan ordinance or resolution adopted by the board, without elector approval Such bonds may beissued in the full amount of the outstandingbonds and any judgment on bonds and interestcoupons less any sinking funds applicablethereto The full faith and credit of the issuingport shall be pledged to the payment of theprincipal of and interest on each of such bonds

Debt limitations imposed by law do not apply torefunding bonds [ Amended by 1971 c 728 977]

777. 460 Refunding bonds; terms andconditions; bond call, (1) The iefundmg bondsshall bear interest at a rate determined by theboard, payable semiannually, and shall be in suchdenominations and mature at such times asdetermined by the board, but the bonds must allmature not later than 30 years after their date ofissue

2) The board may provide that the bonds aresubject to call and redemption prior to maturity, in numerical order, in inverse numerical order or

in the entire amount of the issue outstandingThe bonds may be called only on interest - payingdates

3) Before calling bonds containing optionalprovisions, the port shall publish a notice of call

in one Issue of a newspaper specializing in financial matters published in New York, New York, atleast 30 days before such Interest - paying date

4) Callable refunding bonds, at the option ofthe board, may be called and retired or may berefunded again in accordance with the terms of

the bonds and the provisions of ORS 777 455 to777 505

5) Both the principal of the bonds and theInterest thereon, when due, shall be paid in lawful

money of the United States at the office of thetreasurer of the issuing port, or at the fiscalagency of the State of Oregon in the City andState of New York, at the option of the boardAmended by 1971 c 728 § 78, 1981 c 94 § 54]

777.465 Disposition of refundingbonds. The refunding bonds may be exchangedpar value for par value for the bonds they areIssued to refund and may be Issued and deliveredto a judgment creditor in the amount of thejudgment, or the bonds maybe advertised for saleand sold for not less than the par value thereof

777.470 Levy of tax to meet principaland interest; amount required; disposition

of proceeds of tax. Upon issuance of anyrefunding bonds the port board shall levy a taxsufficient to pay the principal and interest of suchbonds at maturity If the bonds are serial bondsthe tax shall provide an amount of money sufficient to pay the next maturing instalment of principal and the interest on the entire issue If thebonds are issued as term bonds the tax shall be

sufficient to raise an amount of money, which, ifthe same amount were raised each year thereafter

for the life of the bonds, would produce a sumequal to the principal amount of the bonds soissued The proceeds of taxes levied under thissection shall be set aside when collected Into aspecial fund and used for no other purpose than

the payment of the bonds so issued [ Amended by1971 c 728 $ 811

777. 475 Remedies of holders of refunding bonds on default. If there is a default inpayment of principal or interest of bonds Issuedpursuant to ORS 777 455, the holders thereofshall be reinvested with and have all the remediesthey would have had if they were holding obligations refunded by the issuance of such bondsAmended by 1971 c 728 § 82]

777.480 Construction of ORS 777. 455

to 777.505. The authority contained in ORS777 455 to 777 505 is supplemental and in addition to all other powers granted to port districts

to issue bonds [ Amended by 1971 c 728 9831

1166

SUPERSEDED


777. 485 Compromise and refundingagreements; contents; subsequent pro-

cedure; effect. ( 1) A board may enter Intoagreement with the holders of its outstanding

Indebtedness providing for compromise of theIndebtedness and the refunding thereof by theIssuance of bonds under ORS 777 455 An agree-

ment may provide for the amount of refundingbonds to be Issued, the Interest rate the bonds areto bear, the dates of maturity of the bonds and theamount of money to be raised by taxes each yearto pay the principal of and Interest on the bondsWhen an agreement is entered into, a port shall

have complete authority to issue bonds In accordance therewith

2) The board may provide in the ordinanceauthorizing such refunding bonds

a) For setting aside a sinking or other fundinto a special trust fund for payment of the bonds

b) For the pledging of taxes and other revenues directly to the payment of the principal of orinterest on the bonds or to the sinking fund

c) For limitations on subsequent borrowings

by the port either in the nature of permanent debtor temporary financing

d) For limitations on the amounts of appro-

priations in subsequent budgets for operatingexpenses

3) A port has all necessary authority to carryout the terms and conditions so included In any

such ordinance The validity of the refundingbonds, however, shall not be dependent upon nor

affected by the validity or regularity of the ordinance provisions enumerated in subsection ( 2) ofthis section [ Amended by 1971 c 728 § 841

777 490 [ Repealed by 1971 c 728 4138)

777 495 [ Amended by 1965 c 223 § 2, repealed by 1971e 728 § 1381

777.500 Advertisement of bonds; bids; rejection of bids; readvertisement; time of

sale limited. ( 1) Refunding bonds shall beadvertised for sale at least once each week for notless than two successive weeks In a newspaper of

general circulation published within the port or,

if there is no such newspaper, then in a news-

paper published in the county in which the port islocated

2) All bids for such bonds shall be in writingand be sealed and, unless the sale is made to the

sinking fund of the particular port or to the Stateof Oregon, shall be accompanied by a certifiedcheck or a cashier's check upon a bank doingbusiness in this state for an amount of not lessthan two percent of the par value of the bonds forwhich the bid is submitted Bids shall be opened

publicly at the time and place specified In theadvertisement The bonds shall be sold for cash

3) If the bids for the purchase of the bondsare not satisfactory, the board may reject any andall of the bids and may readvertise for bids in themanner provided by this section

4) The date of sale shall not precede by morethan four months the first succeeding date uponwhich the bonds to be refunded thereby will

mature or may be called, redeemed or otherwiseretired [ Amended by 1971 c 728 § 79, 1981 c 94 § 551

777. 505 Delivery of bonds to purchaser; deposit of sale proceeds; redemp-

tion and retirement of refunded bonds. ( 1) Refunding bonds, upon payment therefor in cash, may be delivered to the purchaser thereof at anytime after sale date, but not later than the date asof which the refunded bonds ha,,e been called forpayment The bonds shall be delivered at theplace in the State of Oregon designated by theboard in the notice of sale of the bonds

2) Proceeds of sale of the bonds equal to thetotal par value of the bonds refunded shall bedeposited at the fiscal agency mentioned in ORS777 460 in conformity with the laws relating todeposits of funds with the fiscal agency or, at theoption of the issuing port, pursuant to ORS295 005, 295 015 and 295 025 to 295 165, in aspecial trust account to be used solely for thepayment of the principal of the outstanding

refunding bonds and for no other purpose3) The outstanding refunded bonds shall be

redeemed and retired as soon as possible after the

date of sale of the refunding bonds issued in lieuthereof, but in no case shall such refunding bondsbe invalidated by reason of the failure of the portto redeem or retire the refunded bonds [ Amendedb} 1967 c 451 § 29. 1971 c 728 § 801

777. 510 Port warrants; execution; con-

tents. A port board may issue warrants drawnupon any officer designated the custodian ofmoney belonging to or credited to the port War- rants shall be signed by the treasurer and countersigned by the president of the port or in theabsence or inability of the president to act, by thevice president Warrants shall show upon theirface the nature and extent of the obligation

satisfied They may be used in payment of anyobligation of the port, including expenses of operation, payment of the principal amount of port

bonds at their maturity and in payment of interest or interest coupons of the bonds at the timethe interest becomes due and payable [ Amended by1971 c 728 § 341

777. 515 Payment of warrants; intereston warrants. (1) The treasurer of a port, or the

1167

SUPERSEDED


treasurer of the county who is the legal custodianof funds belonging to or credited to a port, shallpay the warrants of the port when presented, if

the treasurer has money in custody for the purpose of paying the obligation for which the warrant was given The treasurer shall write on the

face of the warrant the date of redemption andthe treasurer' s signature

2) If there are no funds in the custody of theport treasurer to pay the warrant when presented, the port treasurer shall indorse thereon "Not Paidfor Want of Funds" and the date of presentmentover the signature of the port treasurer Thewarrant shall draw interest at the legal rate fromthe date of such indorsement Thereafter, thecounty treasurer, upon presentment of the war-

rant, shall pay upon the warrant any funds whichmay come into the county treasurer' s custody forthe purpose of paying the obligation for which thewarrant was issued and shall, over the signature

of the county treasurer, indorse the amount of thepayment upon the warrant with the date of thepayment

3) However, a warrant drawn in payment ofthe principal or face amount of a port bond shallin no event draw interest in excess of the rate ofinterest expressed upon the face of the port bond,

and the rate of such interest shall appear upon theface of the warrant Interest on a warrant shall

cease from the date of notice by publication insome newspaper printed or circulated in the

county Notice shall be given by the port treasurer authorized to redeem the warrant, statingthat there are funds to redeem outstanding warrants The treasurer shall give notice when thetreasurer has $ 10,000 belonging to the fundAmended by 1971 c 728 § 351

777. 520 Special tax levy, rate, use ofproceeds; bond sinking fund. ( 1) A port mayassess, levy and collect each year in addition toother taxes which it is by law authorized to levy, aspecial tax upon all taxable real and personal

property situated within the port

2) Such annual levy shall not exceed one- tenth of one percent The proceeds thereof shallbe used only in the purchase on the open marketof bonds of the port, at such prices, as the boarddetermines

3) All funds collected from such levy shall beplaced in a separate fund, designated the bond

sinking fund, and shall be used exclusively for thepurposes provided by this section as long as theprincipal of any bond of the port remains outstanding or unpaid After the principal of allbonds of the port has been paid, the balanceremaining in such fund may be transferred to any

other fund as the board may direct [ Amended by1971 c 728 § 851

777 525 [ Repealed by 1971 c 728 § 138]

777.560 Ports may issue and sell revenue bonds; use of proceeds. For the purposeof carrying into effect any of the powers grantedto ports, a port may issue and sell revenue bondsin accordance with ORS 777 560 to 777 590 with-

out the necessity of obtaining the prior approvalof the electors of the port Proceeds from the sale

of revenue bonds may be used also to cover thecosts incurred in issuing the bonds, and preliminary work incident to carrying out such purposesand powers, including but not limited to planning, engineering, inspection, accounting, fiscal, legal and trustee expenses, the cost of issuance ofbonds, engraving, printing, advertising and othersimilar expenses, and to pay interest on theoutstanding bonds issued for any project duringthe period of actual construction and for six

months after the completion thereof Revenue

bonds shall not be a general obligation of the portnor a charge upon the tax revenues of the port,

nor a charge upon any other revenues or propertyof the port not specifically pledged thereto [ 1955c 423 §2 1959 c 337 § 1, 1971 c 728 §86]

777, 565 Ordinance authorizing revenue bonds and creating special trust fund.

1) Revenue bonds shall be authorized by ordinance of the board The ordinance shall providefor the creation of a special trust fund, authorizethe appointment of a trustee to administer the

fund, and obligate the port to set aside and payinto the special trust fund all, or a portion, of its

nontax- derived revenues not otherwise pledged orcommitted for other purposes for any activityauthorized by ORS 777 105 to 777 258, otherthan an activity under ORS 777 250 ( 4)( a) For afacility or facilities designated under ORS777 250 ( 4)( a), no revenues other than those

derived from the particular facility or facilities tobe financed by the sale of the particular issue ofrevenue bonds then being authorized shall bepledged The board may, in addition, pledge forthe payment of the principal and interest of anyissue of such bonds any property of the port notpledged for other purposes However, withrespect to revenue bonds issued to finance afacility or facilities designated under ORS777 250 ( 4)( a), the board, in addition, may onlypledge or mortgage such facilities including buildings, improvements or properties, and any landacquired in connection with such facilities, forthe benefit of the holders of revenue bonds issuedtherefor Notice that action upon the bond ordinance will be taken at the designated meeting ofthe board shall be given for a period of not less

1168

SUPERSEDED

PORTS GENERALLY- PORTS DIVISION 777. 575

than two consecutive weeks, prior to the meeting,

by publication once each week in a newspaper ofgeneral circulation, published within the port or,

if there be no such newspaper, in a newspaper of

general circulation, published within the county

2) A special trust fund created by an ordinance adopted under subsection ( 1) of this sec-

tion shall be used solely for payment of principaland interest due upon the revenue bonds issuedand sold pursuant to the ordinance, and to thepayment of the costs and expenses enumerated in

ORS 777 560

3) The ordinance may provide that if themoney in the special trust fund is insufficient topay the revenue bonds the bonds shall be payableout of any part or all of other nontax- derivedrevenues of the port However, for a facility orfacilities designated under ORS 777 250 ( 4)( a),

no revenues other than those derived from- theparticular facility or facilities to be financed bythe sale of the particular issue of revenue bondsthen being authorized shall be pledged When allbonds and expenses thereof have been paid sothat no charge remains upon the special fund, theboard may, by ordinance, transfer any balanceremaining in the fund to its general fund, discharge the trustee and dissolve the special fundThe trustee authorized to administer the fundmay, subject to approval of the board, invest andreinvest moneys in the special fund in securitiesin which the State of Oregon may by law invest

4) ORS 777 560 to 777 590 and the provi-

sions of the ordinance authorizing a revenue bondissue constitute a contract with the holders of thebonds, and shall be enforceable by any owner orholder of the bonds [ 1955 c 423 § 3, 1959 c 337 § 2, 1965

c 223 § 3, 1967 c 621 § 1, 1971 c 728 §87, 1979 c 407 § 21

777.570 Form of bonds. Revenue bondsissued under ORS 777 560 to 777 590

1) Shall be negotiable instruments

2) Shall bear such dates, mature at suchtimes, be payable at a designated place or at the

fiscal agency of the State of Oregon, as determined by the board, and bear such rate or rates ofinterest either fixed or variable under a formulafixed at the time of Issuance as the board mayauthorize

3) Shall contain a recital that principal andInterest on the revenue bonds are payable solelyout of revenues and property of the port pledgedto the payment thereof by the ordinance of theboard authorizing the issue of which the bondsare a part

4) May be in registered or coupon form ormay be in registered form with the privilege ofconverting to coupon form

5) May contain covenants of the port toprotect and safeguard the security and rights ofholders of such bonds and such other terms and

conditions, in conformity with ORS 777 560 to777 590, which the hoard determines are neces-

sary or desirable to protect the port or increasethe marketability of the bonds

6) Shall be in the form prescribed by theboard and executed with either the autograph or

facsimile signature of the president and counter-

signed by the secretary of the port However, coupons, if any, attached to the bonds need bearonly the printed or lithographed facsimile signature of the president and the secretary

7) May be issued with the right reserved tothe board to redeem the bonds at par or at parplus a premium, in numerical order or in inverse

numerical order, upon a designated interest -pay-

mg date or dates prior to the final maturity dateor dates of the bonds, upon publication, at least30 days before the redemption date, of one noticeof the intended redemption in one issue of a

newspaper specializing in financial matters published in the City and State of New York, and ofone such notice in one issue of a newspaper of

general circulation in the county [ 1955 c 423 14, 1959c 337 § 3, 1965 c 223 § 4, 1971 c 728 § 141, 1971 c' 178 § 1, 1981

C 879 §3]

777. 575 Sale of bonds. ( 1) The board mayfrom time to time sell revenue bonds authorizedpursuant to ORS 777 565, as provided by thissection

2) Except as provided by subsections ( 3) and4) of this section, the bonds shall be advertised

for sale at least once each week for not less thantwo successive weeks in a newspaper of general

circulation published within the port or, if there

is no such newspaper, then in a newspaper pub-

lished in the county Bids shall be in writing andbe sealed and, unless the bidder is the State ofOregon, accompanied by a certified check or acashier' s check upon a bank doing business inthis state in an amount not less than two percentof the par value of the bonds Bids shall be opened

publicly at the time and place specified in theadvertisement If the bids are not satisfactory, the board may reject any and all bids and mayreadvertise for bids in the manner provided bythis subsection

3) The board may sell any of the bonds to theFederal Government or any agency thereof atprivate sale without advertisement or calling forbids

4) Revenue bonds including revenue bondsto refund such bonds of a port may be sold to anyperson either at a public or private sale without

1169

SUPERSEDED

777 585 SHIPPING AND NAVIGATION

advertisement or calling for bids as the board mayin its sole discretion determine 11955 c 423 § 5, 1959c 337 § 4, 1965 c 223 95 1967 c 416 § 1 1971 c 728 § 89 1981

c 94 § 561

777 580 11955 c 423 § 6, 1959 c 337 § 5, 1966 c 223 § 6,

repealed by 1971 c 728 § 138]

777.585 Refunding revenue bonds, ( 1) A port may, without the necessity of authorization from the electors of the port, issue and sell itsrefunding revenue bonds for the purpose ofredeeming revenue bonds which are outstandingor paying interest due thereon

a) At maturity pursuant to redemptionprovisions in the outstanding revenue bonds, br

b) At any time before maturity if the holdersof the outstanding revenue bonds consent or ifthe outstanding revenue bonds authorize redemption before maturity

2) ORS 777 560 to 777 590 apply W bondsauthorized to be issued and sold under this section [ 1955 c 423 § 7, 1959 c 337 § 6, 1965 c 223 § 7, 1971 c 728

90]

777.590 ORS 777. 560 to 777. 590 provide complete procedure; leasing propertyand pledging revenues. ( 1) ORS 777560 to777 590 are complete authority for the issuanceand sale of revenue bonds and refunding revenuebonds Any restrictions, limitations, conditionsor procedure provided by other statutes relatingto issuance and sale of bonds or other obligationsincluding, but not limited to, any restrictions, limitations, conditions or procedures set forth inORS 288 320, do not apply to the issuance andsale of revenue bonds and refunding revenuebonds under ORS 777 560 to 777 590

2) The lease of any property of the port andthe pledging of revenues therefrom to the payment of the costs and expenses enumerated byORS 777 560, and to the payment of principaland interest on bonds issued and sold under ORS777 560 to 777 590, shall be considered to further

the public interest within the meaning of ORS2713 10 [ 1955 c 423 § 8, 1959 v 337 § 7 1965 c 223 § 8, 1971c 728 § 911 '

Special Elections)

777.605 Special elections. When a boarddesires to hold an election for the purpose ofsubmitting to the electors of the port any measurethat may lawfully be submitted to the electors, atany meeting called in accordance with its rules or

the statutes governing the board, the board mayadopt a resolution calling a special election In theresolution the board may describe in generalterms the measures which are to be submitted at

the election [ Amended by 1971 c 728 §92, 1973 c 796 976, 1975 c 647 § 52, 1983 c 350 §3261

777610 [ Repealed by 1971 c 647 § 1491

777 615 [ Repealed by 1971 c 647 § 1491

777 620 [ Repealed by 1971 c 647 § 1491

777 625 [ Repealed by 1971 c 647 § 1491

Emergency Assistance)

777. 630 Definition of " port emergency; ' As used In ORS 777 630 to 777 660, port emergency" means any condition existing

within a port that will probably result within 60days in a default by the port in payment ofprincipal or interest ofbonds issued by the port orin payment of any other debt or obligationincurred by the port, which will have an adversematerial effect on the financial condition of theport and will adversely affect the credit of thestate [ 1987 c 607 § 101

Note 777 630t 777665 were added toand made apart

of ORS chapter 777 but were not added to any smaller seriestherein by legislative action See Preface to Oregon ReeisedStatutes for further explanation

777.635 Determination of port emergency; application for assistance. ( 1) Whenthe Economic Development Commission or theboard of commissioners of the port determinesthat a port emergency exists, any Oregon portdistrict with a population of fewer than onemillion inhabitants may file with the Ports Divi- sion an application to receive money from theOregon Port Revolving Fund under ORS 777 665The application shall be filed in such a mannerand contain or be accompanied by such information as the Ports Division may prescribe

2) Upon receipt of an application filed underthis section, the Ports Division shall determinewhether a port emergency exists with regard to

the applicant In making its determination, thedivision may seek the assistance of the Secretaryof State and the State Treasurer

3) If the Ports Division or the EconomicDevelopment Commission determines that a portemergency does not exist, the commission may, within 60 days, either reject the application orrequire the applicant to submit additional infor-

mation as may be necessary4) The Economic Development Commission

May, by its own action, declare that a port emergency exists in any Oregon port district with apopulation of fewer than one million inhabitants

After declaring a port emergency under this subsection, the Economic Development Commissionshall notify the affected port district of the declaration within 10 days [ 1987 c 607 § 111

1170

SUPERSEDED

PORTS GENERALLY, DIVISION 777.665


777.640 Emergency. loans; conditionsfor approval; prohibited uses of loan proceeds. ( 1) The Economic Development Commis-

sion may approve a loan from the Oregon PortRevolving Fund under ORS 777 665 to prevent adefault by the applicant if '

a) After review by the commission it findsthat a port emergency exists with regard to theapplicant,

b) There is a high probability that a loanfrom the Oregon Port Revolving Fund underORS 777 665 will prevent a default by the applicant,

c) Moneys from the Oregon Port RevolvingFund under ORS 777 665 are or will be availablefor the loan, and

d) The applicant agrees to the terms

imposed by the commission under ORS 777 645for making the loan '

2) The Economic Development Commissionshall not provide loans to port districts under thissection for regular port operating expensesLoans received by ports under ORS 777 630 to777 660 shall not be used for regular port operat-

ing expenses [ 1987 c 667 § 121

Note. See note under 777 630

777.645 Additional conditions. TheEconomic Development Commission may, as acondition for making a loan under ORS 777 640, require an applicant to

1) Have an audit and examination of theapplicant' s financial condition and financialoperations performed as provided in ORS297 405 to 297 555 and to agree to correct deficiencies noted in the audit report

2) To the extent permitted by the Constitu- tion and laws of this state, levy the special taxprovided by ORS 777 430 ( 2)

3) Submit a new tax base to the electors ofthe port district for approval

4) if the new tax' base submitted to theelectors of the port district is not approved, adopta resolution by the commissioners of the portinitiating dissolution of the port under ORSchapter 198. [ 1987 c 607 9131 '

Note- See note under 777 630

777.650 Gifts to commission and division. The Ports Division and Economic Devel-

opment Commission may accept gifts of moneyor other property from any public or privateagency or person given for the purposes of ORS777 630 to 777 660 Money so received shall bepaid into the Oregon Port Revolving Fund Prop-

erty so received shall be used for the purposes ofthe Oregon Port Revolving Fund [ 1987 c 607, §141


777.655 Payment to ports. Loans madeto ports under ORS 777 630 to 777 660 may bepaid in a lump sum or in instalments for aspecified period of time Loans for a single portemergency, when paid in instalments, mayextend beyond the biennium in which the firstpayment of the loan is made [ 1987 c 607 § 15]


777.660 Rules of commission to estab-

lish priorities. Rules adopted by the EconomicDevelopment Commission shall establish stan-

dards by which priorities among grant applications may be determined [ 1987 c 607 § 161


777.665 Source of emergency loanmoneys; port eligibility; security for loan; priority. (1) Notwithstanding ORS 777 884 ( 1), but subject to subsection ( 4) of this section,

moneys in the Oregon Port Revolving Fund thatare not required for other uses, may be used bythe Economic Development Commission for payments of loans to port districts under ORS777. 630 to 777. 660

2) A port district is eligible for a loan under

ORS 777 630 to 777 660 only when the portdistrict is ineligible under ORS 777 858 ( 5) for aloan- for a port development project Notwith-

standing ORS 777 860, the Economic Develop- ment Commission may establish the amount of aloan and the terms for repayment of the loanmade under ORS 777 630 to 777 660 as the commission considers appropriate under the circum-

stances until the port district obtains a new tax

base or is dissolved under ORS 777 645

3) When a loan is made to a port districtunder ORS 777 630 to 777 660, if the port isthereafter dissolved under ORS 777 645 ( 4) and

ORS chapter 198, the liens and other security

accepted by the Economic Development Com- mission as collateral for the loan shall be subordinate to all other liens, security interests andcontract rights in the port' s property held byother creditors of the port

4) The amount of $250,000 is established for

the biennium beginning July 1, 1987, as themaximum4imit for payment of loans to ports outof 'moneys in the Oregon Port Revolving Fundunder ORS 777 630 to 777 660 ORS 777 884 ( 3)

shall not affect or limit the making of such loans1987 c 607 § 211

1171

Note' See note under 777 630

SUPERSEDED


Establishment of Water TransportationLines)

777.705 Definitions for ORS 777. 705to 777. 725. As used in ORS 777 705 to 777 725, bonus" or "bonuses" Includes payment of funds

for

1) Chartering vessels, 2) Guaranteeing to vessels, transportation

lines, companies or persons, cargo and tonnage,

and guaranteeing to vessels, transportation lines, companies or persons against loss on account of

delay, in the Columbia River or Willamette Riveror at the Columbia River bar,

3) Absorption of charges for hglitering, dredging, towage and pilotage of any vessels; or

4) Fixing of pilotage and stevedoringcharges, seamen' s wages, fuel costs, supplies and

other charges and expenses incident to maritime

commerce, at such a rate as may place a port on acompetitive basis in such matter with other

ports. [Amended by 1971 c 728 §971

777, 710 Payment of bonus explained.

The payment of a bonus authorized by ORS777 715 and 777 720 includes the payment of

sums necessary to make good the guaranteedescribed by ORS 777 705 [ Amended by 1971 c 728

98]

777.715 Ports may pay bonuses in aidof water transportation and may chartervessels. ( 1) By the payment of bonuses to aperson engaged or- preparing to engage in theoperation of water transportation lines, a portmay

a) Aid in establishing water transportationlines between the port and any other domestic orforeign port or ports, and

b) Aid in establishing water transportationlines on the interior rivers of this state, on therivers between Washington and Oregon, or on the

rivers of Washington and Idaho reached by navigation from Oregon' s rivers.

2) A port may charter vessels [ Amended by1971 c 729 § s9]

777. 720 Discretion of board in makingpayment; contracts. A board may expend themoney raised as authorized by ORS 777 725 inthe form of a bonus or bonuses payable to thepersons described by ORS 777 715 The moneyshall be expended in the manner and at suchtimes as the board determines will result in thegreatest benefit and advantage to the port andwill best aid the establishment and continuedoperation of the water transportation lines The

board may contract as may be necessary to carryinto effect the purposes of ORS 777 725 [ Amendedby 1971 c 728 § 1001

777. 725 Borrowing money to paybonus; bond issues, amount, terms, interest, signature, approval by electors, name ofbonds, sale. ( 1) For the purpose of ORS 777 705

to 777 725, a port may borrow money and sell anddispose of bonds The bonds shaIl not, singly or inthe aggregate, with previous debts and liabilities

incurred and outstanding for such purposes, exceed one - fourth of one percent ( 0025) of the

true cash value of all taxable property within theport The bonds shall be Issued from time to timeas the hoard may determine, and shall be of suchdenominations, run for such period of years andfor such rate of interest as the board determines

2) Bonds shall not be Issued unless author-

ized by the majority of the electors voting uponthe question at an election called for that purpose

3) Every issue of bonds shall be in serial formso as to mature in numerical order in equal

instalments annually on and after five years fromdate The bonds shall not bear interest exceedingin any event a net effective rate of seven percent

per annum The bonds shall be signed on behalf of

the port by its president and countersigned by itssecretary The bonds shall be so conditioned thatthe port shalt agree, in consideration of the prem-

ises, to pay at a place therein named to the beareror registered holder thereof the sum named

therein at the maturity thereof in lawful money ofthe United States, with interest thereon in likelawful money at the rate per annum namedtherein, payable semiannually in accordance withthe tenor and terms of interest coupons theretoattached

4) The bonds shall be known as water transportation bonds of the Port of ( insert name ofport), County of (insert name of county), State ofOregon, as the case may be

5) The bonds shall be sold for cash to thehighest responsible bidder, upon sealed bids, after

advertising, but the board may reject any and allbids tendered and proceed to readvertise whenbids are not satisfactory [ Amended by 1967 c 293 § 35, 1971 c 728 § 101]

PORT PLANNING AND MARKETINGFUND

777. 727 Port Planning and MarketingFund; uses; sources; investment. ( 1) There is

created within the State Treasury, separate anddistinct from the General Fund, the Port Plan-

ning and Marketing Fund All moneys in the Port

1172

SUPERSEDED


Planning and Marketing Fund are appropriatedcontinuously to the Ports Division of the Depart- ment of Economic Development and shall be used

by the Ports Division fora) Administrative expenses of the Ports

Division in processing grant applications andinvestigating proposed planning or marketingprojects

b) Payment of grants under ORS 777 727 to777 738 to ports incorporated under ORS 777 010

and 777 050

2) The Port Planning and Marketing Fundshall consist of

a) Moneys appropriated to the fund by theLegislative Assembly

b) Moneys obtained from gifts or grantsreceived under ORS 777 729

c) Moneys obtained from interest earned onthe investment of such moneys

3) Moneys in the Port Planning and Mar- keting Fund, with the approval of the StateTreasurer, may be invested as provided by ORS293 701 to 293 776, 293. 810 and 293 820, and theearnings from such investments shall be creditedto the Port Planning and Marketing Fund [ 1985c 775 § 11

Note. 777 727 to 777 738 were enacted into law by the

Legisleta a Assembly but were not added to or made a part ofORS chapter 777 or am series therein b} legislative action

See Preface to Oregon Revised Statutes for further explana-

tion

777. 729 Assistance, gifts and grants.

The Ports Division of the Department of Eco- nomic Development may accept assistance, grants and gifts, in the form of money or other

thing of value from any public or private agencyor person for any of the purposes described inORS 777 727 to 777 738 [ 1985 c 775 § 21

Note- See note under 777 727

777 730 [ Repealed by 1971 c 728 § 1381

777. 732 Grant purposes; application;

standards; prohibited funding. (1) The PortsDivision of the Department of Economic Devel-

opment may make grants, as funds are available, to any port incorporated under this chapter orORS chapter 778 for

a) A planning project conducted under ORS777 835 or any other planning project necessaryfor improving the port' s capability to carry out itsauthorized functions and activities relating totrade and commerce, or

b) A marketing project necessary forimproving the port' s capability to carry out its

authorized functions and activities relating totrade and commerce

2) Any port incorporated under this chapteror ORS chapter 778 may file with the PortsDivision an application for a grant from the Port

Planning and Marketing Fund to finance a specific planning project or marketing project

3) An application under this section shall befiled in such a manner and contain or be accom-

panied by such information as the Ports Divisionmay prescribe

4) Upon receipt of an application, the PortsDivision shall determine whether the planningproject or marketing project is eligible for fundingunder ORS 777 727 to 777 738 If the Ports Divi- sion determines that the project is not eligible, it

shall within 60 days

a) Reject the application, or

b) Require the applicant to submit addi-

tional information as may be necessary5) The Ports Division may approve a grant

for a planning project or a marketing projectdescribed in an application filed under this sec-

tion if, after investigation by the division, it findsthat

a) The project meets the standards and

criteria established by rules of the Ports Divisionfor grant financing from the Port Planning andMarketing Fund, and

b) Moneys in the Port Planning and Mar- keting Fund are or will be available for the project

6) Grants to ports under ORS 777 727 to777 738 shall not exceed $ 25,000 and shall notexceed 75 percent of the total cost of the project

7) The Ports Division shall adopt rules nec-

essary for carrying out ORS 777 727 to 777 738Such rules shall include standards by which todetermine priorities among grant applicationsfiled with the Ports Division

8) The Ports Division shall not fund anyprogram that subsidizes regular port operating

expenses [ 1985 c 775 § §3 6 1987 c 607 § 181


777 735 [ Repealed by 1971 c 647 § 149 and b) 1971c 728 § 1381

777.736 Funding priorities. ( 1) The

Ports Division shall develop marketing grantfunding priorities considering such factors ascommunity need and whether the project willlead to economic diversification, development of

a new or emerging industry and redevelopment ofexisting public facilities The division shall give

1173

SUPERSEDED


priority to regional or cooperative projects, and

projects that leverage other marketing efforts bythe state or other local government units

2) The division shall review all proposals to

avoid duplication of marketing efforts amongports, and to mamtam consistency with theapplicable county or city comprehensive plans11985 c 775 §51


777. 738 Annual report. The Ports Divi- sion shall provide an annual report to the Legisla-

tive Committee on Trade and Economic

Development on the marketing and planningprogram [ 1985c775 §7]


777 740 [ Amended by 1971 c 647 § 143, repealed by1971 c 728 § 138]

777 745 [ Repealed by 1971 c 728 X1381

777 750 [ Repealed by 1971 c 728 91381

EXPORT TRADING CORPORATIONS

777.755 Legislative findings' and pol-

icy. The Legislative Assembly hereby finds that1) The geographical location of this state, its

maritime resources, its skilled labor force and theavailability of land for industrial and commercialdevelopment provide an opportunity for the citizens of this state to expand participation in andincrease the benefits from international trade andcommerce

2) The development and operation of international trade and commerce is in the publicinterest because that trade and commerce pro- motes the commerce of this state, creates and

retains lobs and diversifies the economy of thisstate

3) Export trading corporations, encouragedby federal law, provide a means to develop andfacilitate international trade and commerce andthe export and import of goods and servicesthrough this state by furnishing services necessary to international trade and by the purchase, sale and financing of goods and services

4) Export trading corporations can facilitatethe expansion of total exports and imports andare an important mechanism for experimentationin the development of innovative internationaltrade programs beneficial to local, state, regionaland national economic needs

5) Export trading corporations can provide ameans for meeting this state's need for well - developed export and import trade intermediariesand can achieve economies of scale and acquire

expertise enabling them to export and import

goods and services or provide export and import

trade services at a reasonable cost to producers

11983 c 200 § 11

777. 760 Definitions for ORS 777.755to 777.800. As used in ORS 777 755 to 777 800,

unless the context requires otherwise

1) " Board" means the board of directors of

an export trading corporation

2) " Commissioner" means a member of theboard of commissioners of a port

3) " Commissioners of the port" means theboard of commissioners of the port which formedthe export trading corporation

4) " Export trading corporation" means amunicipal corporation formed by a port underORS 294 125, 294 316, 646 740 and 777 755 to777 800

5) " Export trading project" means a transaction or arrangement for the purchase, sale, exchange or delivery of goods or services in international trade or commerce

6) " Port" means a municipal corporation

formed under ORS 777 005 to 777 725, 777 850 to777 910 and 777 990 or ORS chapter 778

7) " Services" includes, but is not limited to,

architectural, automatic data processing, business, communications, consulting, engineering, financial, insurance, legal, management, product

research and design, repair, training and trans - portation services [ 1983c200 §21

777. 763 Export trading corporation; Formation by port, hearing; dissolution ofcorporation. ( 1) Any pnrt may form an exporttrading corporation Proceedings to form anexport trading corporation shall be initiated by aresolution adopted by the commissioners of theport proposing the formation of an export tradingcorporation and fixing a time and place for apublic hearing on the resolution The hearingshall be held not less than 30 days after adoptionof the resolution

2) Notice of the public hearing shall hepublished in one or more newspapers of general

circulation within the port not less than 15 days

pnor to the date fixed for the public hearing

3) Any person may appear at the publichearing and present oral or written statementsfor or against the proposal to form an exporttrading corporation

4) After the public hearing, if the Commis- sioners of the port determine the formation of an

export trading corporation would promote thepurposes of ORS 294 125, 294 316, 646 740 and

1174

SUPERSEDED


777 755 to 777 800, the board may by ordinanceform an export trading corporation

the purchase, sale or distribution of goods orservices, within or outside the boundanes of this

5) An ordinance forming an export trading statecorporation shall include

tion

a) The name of the export trading corpora-

b) The names of the initial board of directors

c) The office address and the name and

address of the initial registered agent

6) Unless a later date is specified, the ordi-

nance shall take effect and the export tradingcorporation formed on the 30th day after enactment of the ordinance The ordinance shall besubject to the powers of initiative and referendum

vested in the electors of the port

7) A certified copy of the ordinance shall befiled with the Secretary of State

8) The port by ordinance may dissolve theexport trading corporation The ordinance shallinclude a plan for the dissolution and liquidationof the assets of the export trading corporationAny surplus assets remaining after payment ofthe indebtedness of the export trading corporation shall be transferred to the port [ 1983 c 200 § 3]

777. 765 Powers of export trading corporation. An export trading corporation shallconstitute a municipal corporation of this state

and a public body, corporate and politic, exercising public power No part of the net earnings ofan export trading corporation shall accrue to thebenefit of a private person An export tradingcorporation may

1) Develop, manage and operate export trading projects

2) Conduct market research, advertising andmarketing, within and outside the boundaries ofthis state

3) Purchase or otherwise acquire, finance, hold, maintain, sell, lease or otherwise dispose ofgoods or services of every type or nature, withinor outside the boundaries of this state

4) Acquire or provide communication, insur-

ance, legal assistance, transportation, includingtrade documentation and freight forwarding, foreign exchange, letters of credit and other neces-

sary or desirable services5) Purchase or otherwise acquire, construct,

operate, maintain, lease, rent and dispose ofwarehouses, elevators, terminals, buildings and

other necessary or desirable facilities, within oroutside the boundaries of this state

6) Enter into contracts, joint ventures, brokerage or other agreements with any person for

7) Levy and collect rentals, commissions, fees, storage and other charges for use of facilitiesor services rendered

8) Apply for and accept financial, technicalor other assistance from any person, includingthe federal, state, county or city government, orother municipal corporations

9) Enter into contracts with any governmental entity or municipal corporation

10) Do such other acts or things as may benecessary or convenient for the exercise of thepowers granted by ORS 294 125, 294 316, 646 740and 777 755 to 777 800 [ 1983 c 200 § 101

777. 767 Authorized agreements. ( 1) An

export trading corporation may enter into agreements which provide for the establishment of

prices or rates, or which require a party to theagreement to sell, lease or purchase a commodityor service solely to or from the export tradingcorporation or to the persons designated in the

agreement, when such agreements are entered

into pursuant to export trade activities specified

in a certificate issued to the corporation under 15US C § § 4001 to 4021 This subsection is not

intended to confer any immunity from federalanti -trust laws beyond the immunity conferredby a certificate issued under 15 U S C § § 4001 to

4021

2) When entering into agreements containing the provisions described in subsection ( 1) ofthis section, the export trading corporation shall

be deemed to be performing a governmental function essential for the benefit of the people of thisstate and the development and diversification of

the economy of this state3) An export trading corporation and a port

may enter into agreements for the port to provideaccounting, clerical, technical, sales, promotionaland other administrative services The port shallbe reimbursed not less than the actual cost forproviding such services [ 1983 c 200 9131

777.770 Additional fiscal powers of

export trading corporation. For the purposeof carrying into effect all or any of its powers, an

export trading corporation may

1) Borrow money, evidence such borrowingwith its promissory notes or other obligations of

indebtedness, and pledge in whole or in part any

of its assets or revenues not subject to prior liensor pledges

2) Issue and sell- revenue bonds in the manner and upon the terms and conditions author-

ized by ORS 777 560 to 777 590

1175

SUPERSEDED


3) Purchase, negotiate and sell letters ofcredit, bills of lading, dock receipts, dock warrants, drafts and other documents of title asdefined in ORS 712010 ( 15) [ 1983c200§ 111

777.773 Status of obligations of exporttrading corporation; prohibited investments. ( 1) An obligation of an export tradingcorporation, whether arising from the sale ofrevenue bonds or otherwise, shall not in anymanner be a general obligation of the port, nor acharge upon any revenues or property of the port

2) An export trading corporation shall notacquire stock or other equity interest in anyprivate corporation organized for profit [ 1983 c 200

12]

777. 775 Status of export trading corporation; application of certain laws. ( 1) An

export trading corporation is not a public agencyor public contracting agency for the purposes ofORS 279 011 to 279 063 or 279 575

2) An export trading corporation is not apublic employer for the purposes of ORS chapter237 [ 1983 c 200 § 161

777.780 Board of directors; election; term; compensation; board officers. ( 1) The

board of directors of the export trading corporation shall consist of three members Only commissioners of the port shall be eligible to serve as

members of the board of directors The board ofdirectors shall be elected by majority vote of thecommissioners of the port

2) The initial board of directors shall consistof one director elected for a one -year term, onedirector elected for a two -year term and onedirector elected for a three -year term Followingelection of the initial board, the term of office of adirector is three years A director shall serve untila successor is elected and qualified

3) Before the expiration of the term of adirector, the commissioners of the port shall electa successor A director is eligible for reelection In

case of a vacancy for any cause, the commissioners of the port shall elect a person to serve forthe unexpired term

4) The board shall choose from among itsmembers by majority vote a president, vice president and secretary- treasurer to serve for suchterms as the board may determine

5) Directors shall not be entitled to compensation for their services but shall be entitled toreimbursements for actual and necessaryexpenses incurred or paid in the performance of

their duties as members of the board [ 1983 c 200 §41777. 783 Board meetings; quorum. ( 1)

The board may hold regular meetings at the time

and place fixed by the rules of the board Amajority of the members of the board constitutesa quorum for the transaction of business

2) Special meetings may be held when calledby the president of the board or by a majority ofthe members of the board in the manner pre-

scribed by the rules of the board [ 1983 c 200 § 51

777. 785 Meetings of board to be open topublic; executive sessions. ( 1) Except asprovided in subsection ( 2) of this section, all

meetings of the board shall be open to the public

and all persons shall be permitted to attend anymeeting

2) In addition to matters which may beconsidered in executive session under ORS

192660, the board may also meet in executivesession to

a) Consider preliminary negotiations for anexport trading project involving financial or commercial information which the board in goodfaith determines should be kept confidential

b) Review the operation, modification, enlargement or abandonment of an export trad-

ing project involving financial or commercialinformation which the board in good faith determines should be kept confidential

3) In its discretion the board may allowrepresentatives of the news media to attend exec-

utive sessions held under paragraphs ( a) and ( b)

of subsection ( 2) of this section on such terms andconditions as the board may prescribe 11983 c 200

61

777. 787 Chief executive officer of

export trading corporation; appointment; removal. ( 1) The board may appoint a chiefexecutive officer who shall be responsible for theadministration of the business affairs of an

export trading corporation The chief executiveofficer shall perform such duties as the board mayprescribe

2) The chief executive officer shall hold

office for an indefinite term and may be removedfrom office only by the affirmative vote of amajority of the board Removal of a chief executive officer may be reconsidered by the board butis otherwise final and not subject to appeal [ 1983

200 § 71

777. 790 Employes of export tradingcorporation. ( 1) An export trading corporationmay employ such persons within or outside the

boundaries of this state as necessary or convenient to accomplish its purposes In addition, an

export trading corporation may appoint suchagents, brokers or representatives, within or out-

1176

SUPERSEDED

PORTS GENERALLY, PORTS DIVISION 777.817

side the boundaries of this state, as necessary orconvenient to accomplish its purposes

2) The chief executive officer of an export

trading corporation may employ, appoint, disci- pline or remove all employes, agents, brokers andrepresentatives of an export trading corporation, and fix the compensation to be paid to such

persons 11963C200§ 81

777. 793 Disclosure of commercial orfinancial information prohibited; exception. ( 1) Except as provided in subsection ( 2) of

this section, no officer, agent or employe of an

export trading corporation shall disclose commercial or financial information concerning an

export trading project

2) Commercial or financial information maybe disclosed

a) In a judicial proceeding when disclosure isordered by a court of competent jurisdiction,

b) With the consent of the persons whose

interests are affected by disclosure,

c) By an officer, agent or employe of anexport trading corporation acting within thescope ofemployment, as prescribed by rules of theboard, or

d) When the board finds the information

would not reasonably be considered confidential, the export trading corporation has not obligeditself in good faith not to disclose the information

and disclosure is in the public interest [ 1983 c 200

91

777.795 Right to inspect records of

export trading corporation; certainrecords exempt from disclosure. ( 1) Exceptas provided in subsection ( 2) of this section, the

written records of an export trading corporationshall be public records available for inspectionunder ORS 192 410 to 192 505

2) In addition to the exemptions set forth in

ORS 192 501 to 192 505, the following publicrecords of an export trading corporation areexempt from disclosure

a) Information consisting of financial, commercial, sales, production, cost or similar busi-

ness records of a private concern or enterprise

which is not otherwise required to be disclosed bystate or federal law

b) Trade secrets, as defined in ORS 192 501

2) 11983 c 209 § 141

777.800 Annual report. An export trad-

ing corporation shall report annually to the porton the operations of the export trading corporation A copy of the report shall be filed by the

export trading corporation with the Secretary ofState [ 1983 zoo § 151

PORTS DIVISION

777.805 Definitions for ORS 777.805to 777 845. As used in ORS 777 805 to 777 845, unless the context requires otherwise

1) " Commission" means the EconomicDevelopment Commission

2) " Department" means the Economic

Development Department

3) " Director" means the Director of theEconomic Development Department

4) " Port" means the Port of Portland and

any municipal corporation established pursuantto ORS 777 005 to 777 725, 777 850 to 777 910

and 777 990

5) " Ports Division" or "division' means thePorts Division of the Economic DevelopmentDepartment [ 1969 c 599 § 39, 1973 c 249 § 78, 1975 c 371

1, 1985 c 585 § 220]

777.810 Ports Division continued inEconomic Development Department. ThePorts Division is continued within the EconomicDevelopment Department [ 1969 c 599 § 40, 197S e 249

79 1975 c 371 § 3, 1985 c 565 x1211

777 815 [ 1969 c 599 § 42, 19fi9 c 599 § 42a, repealed by

1973 c 249 §911

777.817 Division to provide manage-

rial assistance and technical services; cooperation with other agencies ( 1) The PortsDivision shall provide managerial assistance and

technical referral services to ports organized

under this chapter

2) The Ports Division shall

a) Disseminate such research and technical

information as is available to the division, and

b) Provide managerial assistance to ports

requesting such assistance

3) The Ports Division shall work cooper-

atively with existing organizations and agenciesthat provide research and technical services,

including, but not limited toa) The Division of State Lands,

b) The State Marine Board, and

c) The Sea Grant College and marine extension services at Oregon State University 11987c 667 § 1 71

Nate 777817 was added to and made a part of ORS

chapter 777 but was not added to any smaller series therein bylegislative action See Preface to Oregon Revised Statutes for

further explanation

1177

SUPERSEDED


777 820 [ 1969 c 599 § 43, repealed by 1973 c 249 § 911777 825 [ 1969 c 599 § 44, repealed by 1973 c 249 § 911

777.830 Division employes. Subject to

the approval of the director and any applicableprovisions of the State Personnel Relations Law, the chief administrative officer of the division

may appoint such subordinate officers and

employes as are necessary to the accomplishmentof the duties and powers assigned to the divisionand prescribe their duties and fix their compensa-

tion 11969 c 599 § 45, 1973 c 249 § 801

777.835 Division function; approvalrequired for creation of new ports; coordinating, planning and research on international trade. ( 1) The commission, through the

division, shall be the state -wide coordinating, planning and research agency for all ports andport authorities in this state to insure the most

orderly, efficient and economical development ofthe state port system

2) Notwithstanding any other prevision oflaw, after July 1, 1969, no port or port authoritymay be formed without the prior approval of thecommission

3) The commission, through the division,

shall be the state -wide coordinating, planningand research agency for port activities involvingmternational trade and international trade devel-

opment and industrial, commercial and recrea-

tional development Such coordinating, planningand research shall be coordinated with the activities of the Legislative Committee on Trade andEconomic Development for its information 1 1969c 599 § 46, 1973 c 249 § 81 1975 c 371 § 41

777. 840 Port regions. The following portregions are established

1) Coastal Region Tillamook, Lincoln,

Lane, Douglas, Coos and Curry Counties

2) Lower Columbia Region Clatsop, Colum- bia, Clackamas, Washington and MultnomahCounties

3) Mid - Columbia Region Hood River, Wasco, Sherman, Gilliam, Morrow and UmatillaCounties

4) Interior Region Those counties notincluded within the Coastal Region, the LowerColumbia Region or the Mid - Columbia Region1969 c 599 §471

777. 845 Regional meetings required; report to commission. ( 1) At least four timeseach year, and at such other times and places as

the commission may direct, representatives ofeach port and port authority within a regionestablished by ORS 777 840 shall meet to discuss

and solve problems of common interest within

the region Except for meetings directed by thecommission, regional meetings shall be held at

such times and places as are designated by amajority of the representatives The representatives shall choose from among their number achairman and other officers for such terms andwith such duties and powers as the representatives determine necessary for the performanceof their duties

2) The chairman of each regional meetingshall cause a summary of the proceedings to bedelivered to the department ( 1969 c599 §48, 1973c 249 § 821

OREGON PORT REVOLVING FUND

777.850 Definitions for ORS 777.850to 777. 910. As used in ORS 777 850 to 777 910, unless the context requires otherwise

1) " Business development project" meansthe engineering, improvement, rehabilitation, construction, operation or maintenance, in whole

or in part, including the preproject planning costsof any business development project authorizedby ORS 777 250 ( 1)

2) " Port development project" means the

engineering, improvement, rehabilitation, construction, operation or maintenance, in whole or

in part, including the preproject planning costs ofany project authorized by ORS 777105 to777 258, except projects authorized primarily byORS 777 250 ( 1)

3) " Commission" means the EconomicDevelopment Commission appointed pursuant toORS 184 006

4) " Director" means the Director of theEconomic Development Department appointedpursuant to ORS 184 135

5) " Fund" means the Oregon Port RevolvingFund

6) " Port district" means any municipal corporation incorporated, or proposed to be incorpo-

rated, pursuant to ORS chapter 778 or ORS777 005 to 777 725, 777 850 to 777 910 and

777 990 [ 1977 c 838 §3. 1985 c 565 § 122, 1985 c 773 § 31

777.852 Application for port development money. Any Oregon port district may filewith the commission an application to borrow

money from the Oregon Port Revolving Fund fora port development project as provided in ORS777 850 to 777 910 The application shall be filedin such a manner and contain or be accompaniedby such information as the commission mayprescribe [ 1977 c 838 § 41

1178

SUPERSEDED


777.854 Commission review of application; fee. ( 1) Upon receipt of an application

filed, as provided in ORS 777 852, the commission shall determine whether the plans and specifications for the proposed port development

project set forth in or accompanying the application are satisfactory if the commission determines that the plans and specifications are not

satisfactory, they may within 60 daysa) Reject the application

b) Require the applicant to submit additional information of the plans and specifications

as may be necessary2) The commission shall charge and collect

from the applicant, at the time the application is

filed, a Fee of not to exceed $ 100 Moneys referredto in this subsection shall be paid into the Oregon

Port Revolving Fund [ 1877 c 836 451777 856 Private development con-

tracts not prohibited. Nothing in ORS777 850 to 777 910 is intended to prevent anapplicant from employing a private engineeringfirm and construction firm to perform the

engineering and construction work on a proposedport development project [ 1977 c sas gal

777. 858 Qualifications for approval ofport development funding The commissionmay approve a port development project proposed in an application filed, as provided in ORS777 852, if, after investigation, they find that

1) The proposed port development project isfeasible and a reasonable risk from practical andeconomic standpoints, and the loan has reasonable prospect of repayment

2) Moneys in the Oregon Port RevolvingRind are or will be available for the proposed port

development project

3) There is a need for the proposed port

development project, and the applicant' s finan-

cial resources are adequate to provide the workingcapital needed to assure success of the project

4) The applicant has received all necessarypermits required by federal, state or local agencies

5) The applicant has not received or entered

into a contract or contracts exceeding $ 500,000with the commission, under authority of ORS777 850 to 777 910, for the previous 365 days, andprovided that no applicant may have more than

750, 000 in outstanding loans at any one time6) The standards under ORS 184 025, have

beenmet [ 1977ce3e§ 7 , 1979ci82 §11, 1979c889 §1j

777.860 Loan from fund; repaymentplan; project inspection, enforcement of

contract. If the commission approves the project, the commission, on behalf of the state, andthe applicant may enter into a loan contract ofnot more than $ 500,000, secured by good andsufficient collateral, which shall set forth, amongother matters.

1) A plan for repayment by the applicant tothe Oregon Port Revolving Fund moneys borrowed from the fund used for the port or businessdevelopment project and interest on such moneys

used at a rate of interest for port developmentprojects of not less than two and one -half percentless than the prevailing rate on United StatesTreasury bills of comparable term, as determinedby the commission or for business developmentprojects of not less than one percent less than the

prevailing interest rate on United States Treas- ury bills of comparable term, as determined bythe commission The repayment plan, amongother matters

a) Shall provide for commencement of

repayment by the port district of moneys used forthe project and interest thereon no later than oneyear after the date of the loan contract or at such

other time as the commission may provide

b) May provide for reasonable extension ofthe time for making any repayment in emergencyor hardship circumstances if approved by thecommission

c) Shall provide for such evidence of debtassurance of, and security for, repayment by theapplicant as are considered necessary by thecommission

d) Shall set forth a schedule of payments and

the period of loan which shall not exceed theusable life of the contracted project or 15 years

from the date of the contract, whichever is less, and shall also set forth the manner of determiningwhen loan payments are delinquent The payment schedule shall include repayment of interest

which accrues during any period of delay inrepayment authorized by paragraph ( a) of thissubsection, and the payment schedule may

require payments of varying amounts for collection of such accrued interest

e) Shall set forth a procedure for formaldeclaration of default of payment by the commission, including formal notification of all relevantfederal, state and local agencies, and further, aprocedure for notification of all relevant federal, state and local agencies that declaration ofdefault has been rescinded when appropriate

0 Shall provide for partial or completerepayment, in excess of scheduled payments, of

any outstanding principal loan amount without

1179

SUPERSEDED


penalty If any prepayment is made, that amountshall not be included in any computation for thepurposes of ORS 777 858 ( 5)

2) Provisions satisfactory to the commissionfor field engineering and inspection, the commission to be the final judge of completion of thecontract

3) That the liability of the state under thecontract is contingent upon the availability ofmoneys in the Oregon Port Revolving Fund foruse in the project

4) Such further provisions as the commission considers necessary to insure expenditure ofthe funds for the purposes set forth in theapproved application

5) That the commission may instituteappropriate action or suit to prevent use of the

facilities of a project financed by the Oregon PortRevolving Fund if the port is delinquent in therepayment of any moneys due the Oregon PortRevolving Fund

6) Not later than six months after July 14, 1985, the commission may, with the consent ofthe other parties to the contract and subject to

any contractual limitations, modify any contractentered into under this section after July 14, 1985to charge the interest on any outstanding principal of that loan at a rate equal to the prevailingrate on United States Treasury bills of comparable term, as determined by the commission 11977c 838 § 8, 1979 c 800 §2, 198s c 773 § 11

777.862 Project moneys from port

revolving fund. If the commission approves aloan for a port development project, the commis-

sion shall pay moneys for such project from theOregon Port Revolving Fund, in accordance withthe terms of the loan contract as prescribed bythe commission [ 1977 c 838 § 91

777.864 Filing of lien against port bycommission, notice of satisfaction. ( 1) If the

commission accepts a lien against any port district' s real or personal property as collateralrequired by ORS 777 860, the commission shallfile notice of the loan with the recording officer ofeach county in which is situated any real orpersonal property of the port district The noticeshall contain a description of the encumberedproperty, the amount of the loan, and a statementthat loan payments are liens against such property

2) Upon payment of all amounts loaned to aport district pursuant to ORS 777 850 to 777 910,

the commission shall file with each recordingofficer referred to in subsection ( 1) of this section,

a satisfaction notice that indicates repayment of

the loan 11977 c 838 § 101

777.866 Commission powers to enforceloan agreement. ( 1) The commission mayinstitute proceedings to foreclose any hen fordelinquent loan payments

2) if a port district fads to comply with acontract entered into pursuant to ORS 777 860,

the commission may seek appropriate legal remedies to secure the loan, and may contract with anyport project developer for continuance of the portdevelopment project and for repayment of mon-

eys from the Oregon Port Revolving Fund usedtherefor and interest thereon

3) The commission may also provide bycontract or otherwise for a port development

project until the project is assumed by the newport project developer [ 1977c838 § 11)

777. 868 Sources of loan repaymentmoneys. A port district that enters into a

contract with the commission for a port development project and repayment as provided in ORS777 860 may obtain moneys for repayment to theOregon Port Revolving Fund under the contractin the same manner as other moneys are obtained

for purposes of the port district or other moneys

available to the developer ( 1977 c 838 § 121777.870 Gifts to commission. The com-

mission may accept gifts of money or other property from any source, given for the purposes ofORS 777 850 to 777 910 Money so received shallbe paid into the Oregon Port Revolving FundProperty so received shall be used for the purposes of the Oregon Port Revolving Fund [ 1977c &38 § 141

777. 872 Rules of commission. In accord-

ance with any applicable provisions of ORS183 310 to 183 550, the commission may makesuch rules as they consider necessary to carry outtheir duties, functions and powers under ORS

777 850 to 777 910 [ 1977 c 838 § 151

777. 874 Biennial report to legislature. The commission shall submit to the Legislative

Assembly and the Governor a biennial report ofthe transactions of the Oregon Port RevolvingFund in such detail as will adequately indicate thecondition of the fund 11977 c 838 § 211

777.876 Duties of director. The commis-

sion may appoint the director as their representative and agent in all matters pertaining to ORS777 850 to 777 910 The director, through thechief administrative officer of the Ports Division,

shall assure that all provisions of ORS 777 850 to

777 910 are complied with and that appropriatelytrained personnel are employed pursuant to ORS

777 830 to properly administer the fiscal andother portions of ORS 777 850 to 777 910 [ 1977

c 838 §271

1180

SUPERSEDED


777.878 Reimbursement to port

revolving fund upon refinancing of project. Except as provided in ORS 777 880, if any portdevelopment project is refinanced or financialassistance is obtained from other sources after

the execution of the loan from the state, all suchfunds shall be first used to repay the state if suchrefinancing or financial assistance applies only tothe port development project authorized and does

not include any subsequent addition, expansion,

improvement or further development E197 c838161

777.880 Joint financing; port revolving fund limit. ( 1) The commission mayauthorize funds from the Oregon Port RevolvingFund to be used in appropriate joint governmen-

tal participation projects or as match money with

any port, state or federally funded port development project authorized within a port district, subject to the stipulations of ORS 777 850 to777 910

2) Any application for a loan under thissection shall be in such form as the commissionprescribes and shall furnish such proof of federal,

state or local approval as appropriate for fundingof the port development project

3) The total amount of moneys loaned fromthe fund for federal, state or local joint portdevelopment project purposes shall not exceed

500,000 per project ( 1977 c 838 § 17, 1979 c 800 § 31

777.882 Loan contract under joint

financing programs. If the commissionapproves an application for the loan of moneys

authorized by ORS 777 880, the commission shallenter into a loan contract, secured by good andsufficient collateral, with the port district that

provides, among other matters

1) That notices of any liens against theproperty be filed with the recording officer ofeach county as provided for in ORS 777 864 ( 1) and ( 2)

2) That the loan bear interest at the samerate of interest as provided in ORS 777 860 ( 1)

3) That the contract shall set forth a sched-

ule of payments including interest and principalfor the period of the loan, which shall not exceed

the usable life of the contracted project or 10

years from the date of the contract, whichever isless, and shall set forth the manner of determin-

ing when loan payments are delinquent Thesame schedule shall include repayment of interest

which accrues during any period of delay inrepayment authorized by ORS 777 850 to777 910, and the repayment schedule may requirepayments of varying amounts for collection of

such accrued interest However, the commission

may make provisions for extensions of time inmaking repayment if the delinquencies are causedby acts of God or other conditions beyond thecontrol of the port district and the security willnot be impaired thereby

4) Such provisions as the commission con-

siders necessary to insure expenditure of themoneys loaned for the purposes provided in ORS

777 880, including all provisions of ORS 777. 858

5) That the commission may cause to beinstituted appropriate proceedings to forecloseliens as provided for in ORS 777 866 ( 1) and ( 2)

for delinquent loan payments and shall pay theproceeds of any such foreclosure, less theirexpenses incurred in foreclosing, into the OregonPort Revolving Fund [ 1977 c 838 § 181

777. 884 Oregon Port Revolving Fund; creation; purposes; sources; debt limit. (1) There is created within the State Treasury arevolving fund known as the Oregon Port Revolv- ing Fund, separate and distinct from the GeneralFund Moneys in this fund are continuouslyappropriated to the Economic Development

Commission for the following purposesa) Administrative expenses of the commis-

sion in processing applications and investigatingproposed port development projects

b) Transfer of funds pursuant to ORS777 886

c) Payment of loans to port districts pursuant to ORS 777 850 to 777 910

d) Administrative expenses of the PortsDivision of the Economic Development Depart-

ment In any one year, administrative expensescharged under this paragraph may not be greaterthan the total revenues received in that year fromfees provided for in paragraph ( a) of subsection2) of this section, plus three percent of the total

asset value of the fund

2) The fund created by subsection ( 1) of thissection shall consist of

a) Application fees required by ORS 777 8542)

b) Repayment of moneys loaned to port

districts or others from the Oregon Port Revolv-

ing Fund, including interest on such moneysc) Payment of such moneys as may be appro-

priated to the fund by the Legislative Assembly

d) Moneys obtained from any interestaccrued from such funds

3) Outstanding debt on the fund shall notexceed 95 percent of all deposits, accounts payable, and other assets of the fund

1181

SUPERSEDED


4) No money shall be expended from theOregon Port Revolving Fund for any economicdevelopment study costing more than $ 25, 000unless a work plan and budget for such study hasbeen provided to the Legislative Committee -onTrade and Economic Development [ 1977c838§§ 20, 24, 1979 c 416 96, 1985 c 773 § 5]

Note- Sections 19 and 26, chapter 607, Oregon Laws

1987, provide

See 19 ( 1) Notwithstanding ORS 777884 ( 1), available moneys in the Oregon Part Revolving Fund that wereaurued as earned income of the fund may be transferred tothe Port Planning and Marketing Fund created under ORS777 727

2) Notwithstanding ORS 777 727 ( 1)( b), moneys trans-

ferred to the Port Planning and Marketing Fund under tbissection may be used for payments of grants under ORS777 727 to 777 738 to ports incorporated under this chapter or

ORS chapter 778

3) In addition to and notwithstanding any other law, anamount not to exceed 15 percent of the assets of the Port

Revolving Loan Fund as calculated on July 1 of each year shallbe "transferred to the Port Planning and Marketing Fundunder this section

4) In addition wand notwithstanding any other law, theamount of $250, 000 is established for the biennium beginningJuly 1, 1987 as the maximum limit for payment of expenses

from the Pon Planning and Marketing Fund for the purposes

identified in subsection ( 2) of this section 11987 c 607 § 191

Sec 20 Section 19 of this 1987 Act is repealed on July1, 1991 [ 1987 c 607 9201

777.886 Reimbursement of GeneralFund for initial fund appropriation.. ( 1)

When the commission determines that moneys insufficient amounts are available in the Oregon

Port Revolving Fund, the State Treasurer shallreimburse the General Fund without interest inan amount equal to the amount allocated by theLegislative Assembly pursuant to section 25, chapter 838, Oregon Laws 1977 The moneys usedto reimburse the General Fund under this sectionshall not be considered a budget item on which a

limitation is otherwise fixed by law2) In lieu of the repayment to the General

Fund required by subsection ( 1) of this section, the commission may prepare an annual certification to the Executive Department stating theamount of actual administrative expenses

charged pursuant to ORS 777884 ( 1)( d) The

Executive Department shall use this certification

to reduce the amount of repayment to the Genera] Fund required by section 25, chapter 838, OregonLaws1977

3) The certification allowed by subsection2) of this section may be retroactive to July 1,

1979 11977 c 838 §22, 1981 c 653 § 6]

777.888 Use of fund proceeds. All payments, receipts and interest from outstandingindebtedness shall be retained in the Oregon Port

Revolving Fund and accumulated for new projectdispersal, and repayment of funds allocated pursuant to ORS 777 886 and section 25, chapter

838, Oregon Laws 1977 All interest earnings of

the fund from whatever source shall be retainedand accumulated in the Oregon Port RevolvingFund and shall be used for port developmentprojects, and repayment of funds allocated pursuant to section 25, chapter 838, Oregon Laws

1977 [ 1977c838 §23]

777 890 11977c 838 § 1, renumbered 777 910]

777. 892 When alternative method of

financing port development project permitted. If the commission finds that a port development project is eligible for approval under ORS777 858 except that moneys in the Oregon Port

Revolving Fund are not available for the proposedproject, the commission may finance the projectas provided in ORS 777 892 to 777 904 [ 1981 c 532

21

777. 894 Revenue bond financing; eligibility of projects; issuance of bonds determined by State Treasurer. ( 1) The EconomicDevelopment Commission shall adopt by rulestandards by which to determine the eligibility ofport development projects for bond financingunder ORS 777 892 to 777 904 In determiningsuch standards, the commission shall consider all

relevant data without giving priority to one factorover others In adopting standards under thissection, the commission shall meet the standards

under ORS 184 025 and consider the factorsdescribed in ORS 280 320 ( 1)

2) Upon determining a port developmentproject an eligible project for bond financingunder ORS 777 892 to 777 904, the EconomicDevelopment Commission shall forward theapplication to the State Treasurer, who shall

determine whether to issue revenue bonds ft96i

c 532 § 31

777. 896 Issuance of bonds; determin-

ing factors. In determining whether to issuerevenue bonds under ORS 777 892 to 771904, theState Treasurer shall consider

1) The bond market for the types of bondsproposed for issuance

2) The terms and conditions of the proposedissue

3) Such other relevant factors as the State

Treasurer considers necessary to protect thefinancial integrity of the state [ 1981 c. 522 § 41

777.898 Powers of State Treasurer. In

addition to any other powers granted by law or by

1182

SUPERSEDED


charter, in relation to an eligible port development project, the state, acting through the StateTreasurer or designee may

1) Pledge and assign to the holders of such

bonds or a trustee therefor all or any part of themoneys repaid to the Oregon Port RevolvingFund, including interest on such moneys, anddefine and segregate such revenues or provide forthe payment thereof to a trustee,

2) Make all contracts, execute all instru-

ments and do all things necessary or convenientin the exercise of the powers granted by thissection, or in the performance of its covenants or

duties, or in order to secure the payment of itsbonds, and

3) Enter into and perform such contractsand agreements with political subdivisions and

state agencies as the respective governing bodiesof the same may consider proper and feasible foror concerning the planning, construction, installation, lease or other acquisition, and the

financing of such facilities, which contracts andagreements may establish a board, commission orsuch other body as may be deemed proper for thesupervision and general management of the facil-

ities of the eligible project 11981 c 532 § 51

777. 900 Authority to issue bonds. ( 1) Ifthe State Treasurer determines that revenuebonds should be issued

a) The State Treasurer may authorize andissue in the name of the State of Oregon revenue

bonds secured by moneys repaid to the OregonPort Revolving Fund, including interest on suchmoneys, to finance or refinance in whole or part

the cost of acquisition, construction, reconstruc-

tion, improvement or extension of projects The

bonds shall be identified by project and issued inthe manner prescribed by ORS 286 010, 286 020and 286 105 to 286 135, and refunding bonds maybe issued to refinance such revenue bonds

b) The State Treasurer shall designate theunderwriter, trustee and bond counsel and enterinto appropriate agreements with each to carryout the provisions of ORS 777 892 to 777 904

2) Any trustee designated by the StateTreasurer to carry out all or part of the powersspecified in ORS 280 335 must agree to furnishfinancial statements and audit reports for each

bond issue 11981 c 532 § 61

777. 902 Method of issuing bonds, use ofbond proceeds; repayment of loans made

with bond proceeds. ( 1) ORS 280360 to

280 380 and 280 390 apply to revenue bondsissued under ORS 777 892 to 777 904

2) The proceeds of revenue bonds issued and

sold under ORS 777 892 to 777 904 shall be

deposited in the Oregon Port Revolving Fund andused for the payment of a loan to a port district

for a port development project described in ORS777 892 and for which project the revenue bondswere issued

3) A loan made with money derived from thesale of revenue bonds under this section shall be

made as other loans under ORS 777 850 to777 910 are made, except that the loan contract,

notwithstanding ORS 777 882 ( 3), shall set fortha schedule of payments which shall not exceed the

usable life of the contracted project 11981 c 532 § 7)

777.904 Limitations of bonds; recitals. 1) Revenue bonds issued under ORS 777 892 to

777 904

a) Shall not be payable from nor charged

upon any funds other than the revenue pledged tothe payment thereof, except as provided in this

section, nor shall the state be subject to anyliability thereon No holder or holders of suchbonds shall ever have the right to compel anyexercise of the taxing power of the state to payany such bonds or the interest thereon, nor toenforce payment thereof against any property ofthe state except those moneys repaid to the

Oregon Port Revolving Fund, including intereston such moneys, under the provisions and for thepurposes of ORS 777 892 to 777 904

b) Shall not constitute a charge, lien or

encumbrance, legal or equitable, upon any property of the state, except those moneys repaid tothe Oregon Port Revolving Fund, including interest on such moneys, under the provisions of and

for the purposes of ORS 777 892 to 777 904

c) Shall not exceed, for all bonds issued, atotal value of $3 million

2) Each bond issued under ORS 777 892 to777.904 shall recite in substance that the bond,

including interest thereon, is payable solely fromthe revenue pledged to the payment thereof Nosuch bond shall constitute a debt of the state or a

lending of the credit of the state within themeaning of any constitutional or statutory limitation However, nothing in ORS 777 892 to777 904 is intended to impair the rights of holdersof bonds to enforce covenants made for the

security thereof as provided under ORS 777 9021981 c 532 § 8]

777.910 Short title. This Act shall be

known as the Oregon Port Revolving Fund ActFormerly 777 890)

PENALTIES

777. 990 Penalties. ( 1) Failure by a porttreasurer, or county treasurer charged with the

1183

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duties provided by ORS 777 515, to comply with shall be guilty of a misdemeanor and upon convlc- the requirements of that section for a period of 10 tlon shall be punished by a fine of not more thandays 1s punishable, upon conviction, by a fine of $ 250 [ Amended by 1971 c 728 § 1021not less than $500 nor more than $1, 000

2) Any person violating a regulation adoptedby a port board under ORS 777 120 or 777 190

1184

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Chapter 778


Port of Portland

FUNCTIONS AND POWERS OF THE PORT OF

PORTLAND

8 005 Definitions

8 008 Port of Portland granted powers of ports

formed under ORS chapter 777, exceptions, additional powers

8 010 Port of Portland created, boundaries;

capacity to sue

8 015 Purposes and general powers of the port

8 020 Acquisition of Portland property by theport, assumption of bonds, election

8 025 Power to engage in certain commercialactivities

8 030 Power to issue general obligation bonds,

limitation, dedication of revenues, use of

proceeds

8 036 Issuance of bonds, form, redemption

8 040 Certain bond issues to be approved by electors

8 045 Amount of bonds issued in one year limited

8 060 Expenditure of bond sale funds for operat-

ing expenses limited

8 065 Port taxing power, annual limitation

8 070 Tax levy

8 073 Recreational facilities, development, operation, maintenance

8 085 Control over port waters, wharf lines, pro-

mulgation and enforcement of navigational

rules, limitation

8 090 Rights of riparian owner and owners of

moorage facilities

8 095 Eminent domain power

8 100 Reclamation of lands within port limits,

assessments, lien, hearing, appeal

8 105 Port required to contract for work and

materials, dry docks, bids

8 110 Personnel, membership in retirement systems

8 115 Improvement contracts with Federal Gov-

ernment

8 120 Operation of chapter upon rights of other

entities within port limits

8 125 Port assistance to other governmental unitswithin port boundaries

778 165 Sale of revenue bonds

778 170 Bonds as obligations of a political subdivision

778 175 Effect of ORS 778 145 to 778 175

BOARD OF COMMISSIONERS OF THE PORT OFPORTLAND

778205

REVENUE BONDS

778 145 Issuance of revenue bonds, use of proceeds,

778 215

status of bonds

778 150 Ordinance authorizes revenue bonds, con-

778 225

tent, special trust fund, trustees, enforce-

778 230

ment

778 155 Form and content of bonds, redemption

778 160 Borrowing in anticipation of bond sale,

778 255

bond anticipation notes, content, sale

778 165 Sale of revenue bonds

778 170 Bonds as obligations of a political subdivision

778 175 Effect of ORS 778 145 to 778 175

BOARD OF COMMISSIONERS OF THE PORT OFPORTLAND

778205 Board of commissioners, general powers

778 210 Qualifications of members

778 215 Appointment, confirmation, vacancies

778 220 Removal

778 225 Meetings, quorum, executive committee

778 230 Board officers

778 235 Causes of vacancies, leaves of absence

778 240 Biennial report

778 255 Enactment of port ordinances, effectivedate, passage, effect of referendum

778 260 Ordinances for regulating use of port airports, port peace officers, jurisdiction

778 270 Initiative and referendum procedures

PENALTIES

778 990 Penalties

CROSS REFERENCES

Acquisition of railroad Imes, 760 610

Airport police, subject to Public Employes' Retirement Sys- tem 237 003

Airport zoning, Ch 492Bonds for board members, 198 220

Borrowing and bonds of public corporations, 287 010, 287 012

Dissolution of inactive districts, 198 335 to 198 365

Exemption of property from taxation, 307 120

Foreign trade zones, ports may establish 307 850

Interstate bridges, 381005, 381098, 381 205

Legislative Committee on Trade and Economic Development, executive officer attendance at commission meetings,

171 825

Population determination, 190520

Ports generally, Ch 777

Procedure for testing validity of municipal proceedings, 33 710

Purchase of lands created by fill b} riparian owner, 274 925

Separate property tax assessment of certain airport premises, 307 110

Tax supervising and conservation commission powers in portfinancial matters, 294 625

Water resources policy, state, conformance to required, 536 300 to 536 400

778 008

Power of ports created under special laws 777 180

1185

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778 010 778 060

Actions and suits by and against go%ernmental units and Annualbudgetof municipal corporations submitted to the taxofficials, 30 310 supervising and conservation commission, 294 635

District election procedure, Ch 255

Formation, changes in organisation, generally, 198 705 to 778 065

198 955Hearings on proposed tax levies and bond issues 294 655

Special assessment improvement bonds 223 785778. 095

778 015

Ferry service, ports may provide, 384 305

Operation of airports by municipal corporations 492 310

Power of ports to aid mater transportation lines, Const Art

Kl, §9

778 020

Record of indebtedness, tax supervising and consenatmncommission to keep, 294 660

778 030

Municipal Debt Ads ison Commission, 287 030 to 287 038

Eminent domain procedure, Ch 35

Entry upon land to be appropriated for public use, 281 010

778 110

UnemploN ment insurance, 657 020, 657 065 657 097, 657 505

778 255

Ordinances and regulations of districts generally, 198 510 to

198 600

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PORT OF PORTLAND 778.025

FUNCTIONS AND POWERS OF THEPORT OF PORTLAND

778.005 Definitions. As used in this

chapter, unless the context requires otherwise

1) " Board" means the board of commissioners of the Port of Portland

2) " Port" means The Port of Portland

3) " Elector" means an elector residing in theport

4) " Portland metropolitan area" means theOregon portion of a standard metropolitan statistical area as designated and published by theUnited States Bureau of the Budget with an

Oregon population of more than 750,000 [ Amended

by 1971 c 728 § 103, 1973 c 178 § 11

778.008 Port of Portland granted

powers of ports formed under ORS chapter777; exceptions; additional powers. (1) ORS777 005 to 777 050, 777 110, 777 120, 777 132 to777 165, 777 210, 777 220 and 777 405 to 777 435

do not apply to the Port of Portland2) Subject to subsection ( 1) of this section,

the Port of Portland has all powers possessed byports formed under ORS 777 005 to 777 725, 777 850 to 777 910 and 777 990

3) The Port of Portland shall do such things, perform such duties and exercise such powers as

it may be authorized or empowered to do, performor exercise by any Act of the legislature passed forthat purpose, though not directly in amendmentof this chapter. The powers granted by this chapter are in addition to other powers granted by lawto the port

4) In addition to such other duties, functions

and powers as may be imposed upon the Port ofPortland, the port may make recommendationsto the Oregon Board of Maritime Pilots [ 1971 c 728

116, 1987 c 775 § 71

778.010 Port of Portland created;

boundaries; capacity to sue. The Portlandmetropolitan area hereby is created as a separatedistrict, to be known as the Port of Portland The

inhabitants thereof hereby are constituted anddeclared to be a corporation by the name andstyle of "The Port of Portland," and as such shall

have perpetual succession, and by that name shallexercise and carry out all the powers and objectsconferred on it by law The port may sue and besued, plead and be impleaded in all actions, suits

or proceedings brought by or against it, provided, however, that the bonded or other indebtednessof the port which was chargeable to or a lien upon

the property within the limits of the port

1) Prior to June 30, 1963, shall not be

chargeable to or a lien upon all of that propertywhich lies east of the east boundary line of rangetwo east of the Willamette Meridian in

Multnomah County, or2) Prior to June 30, 1973, shall not be

chargeable to or alien upon all that property lyingwithin the boundaries of Clackamas and Wash - mgton Counties ( Amended by 1963 c 124 § 1, 1973 c 178

21

778.015 Purposes and general powersof the port. The object, purpose and occupationof the port shall be to promote the maritime,

shipping, aviation, commercial and industrial

interests of the port as by law specifically authorized The port may acquire, hold, use, dispose ofand convey real and personal property, make any

and all contracts the making of which is not bythis chapter expressly prohibited It may do anyother acts and things which are requisite, neces-

sary or convenient in accomplishing the purposedescribed or in carrying out the powers granted toit by law The port may supply surface and aircraft with fuel and other supplies at reasonable

cost as may be for the best interests of the portAmended by 1959 c 362 § 1, 1971 c 728 § 1041

778.020 Acquisition of Portland property by the port; assumption of bonds; election. ( 1) The port may purchase or otherwiseacquire all or any of the docks, wharves, elevators, terminals, dry docks and other properties of theCity of Portland that are under the charge andcontrol of the dock commission of the city

2) If the port purchases or otherwise

acquires property as provided by subsection ( 1) ofthis section, the port may in payment thereforassume the payment of all or any part of thebonds, debentures and other obligations of the

City of Portland issued, sold or incurred for thepurpose of acquiring funds to construct, purchaseor otherwise acquire the docks, wharves, ele-

vators, terminals, dry docks or other propertiesThe aggregate amount of bonds, debentures andobligations so assumed shall not exceed a sum

determined by the board to be the fair value of theproperty so acquired by the port The limitationprovided by ORS 778 030 shall not apply tobonds, debentures or other obligations assumedunder this section

3) The authority granted by this sectionshall not be exercised without the prior approval

of the electors residing within the port expressedat an election called and held within the port at

which such question is submitted. [Amended by 1971

c 728 § 1051

778. 025 Power to engage in certaincommercial activities. For the use of the port

1187

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or for public convenience and the convenience of

air transport, shipping, commercial and industrial development of the port and the waterfront

of its harbors, rivers and waterways, the port

may

1) Acquire by purchase, condemnation orother lawful method lands necessary for its use orto be improved for public convenience and the

convenience of the air transport, shipping, commercial and industrial development of the port aswell as all or any part of the waterfront of itsharbors, rivers and waterways

2) Acquire by purchase, condemnation orother lawful method lands necessary or convenient for the purpose of depositing or dumpingthereon earth, sand, gravel, rock or other material

dredged or excavated, in the exercise of any of itspowers, from any of the rivers or other waterwaysr lands within the boundaries or under thecontrol of the port '

3) Enlarge its tidal area, fill and reclaim

lands, and make such disposition by use, conveyance, development or lease of lands so filled orreclaimed as it considers advisable

4) Construct, excavate and dredge canals

and channels connecting its waterways with oneanother, with other waterways and with the sea

1,

5) Purchase or otherwise acquire, construct,

operate, maintain, lease, rent and dispose of airports, and their approaches, wharves, piers,

docks, slips, warehouses, elevators, dry docks, terminals, buildings, and all other facilities andaids incident to the development, protection andoperation of the port and of the air transport,

shipping, commercial and industrial interests ofthe port, within the port, and collect wharfage,

storage and other charges for the use of such

facilities

6) Own, acquire, construct, purchase, lease, operate and maintain within the port lines of

railroad, with sidetracks, turnouts, switches and

connections with other , lines of railroad, andstreets, roads, water mains, sewers, pipelines, and

also gas and electric conduits and lines which a

utility is unwilling or unable to furnish, within orto or from the boundaries of the port, and carryand transport,freight and passengers thereon andthereover for hire, and perform lighterage for

hire

7) Acquire, own, lease, rent, operate, maintain and dispose of towboats, barges and othervessels for the transportation of cargo or passengers in maritime commerce on the Columbiaand Snake Rivers and their tributaries, within orwithout the boundaries of this state

8) Acquire, own, lease, rent, operate, maintain and dispose of unit trains and related facilities for the transportation of bulk commodities tofacilities within the port from locations within or

without the port [ Amended by 1959 c 362 § 2 1967 c 5481, 1971 c 728 § 106. 1973 c 178 § 6, 1981 c 879 § 41

778.030 Power to issue general obligation bonds; limitation; dedication of revenues; use of proceeds. ( 1) For the purpose of

carrying into effect any of the powers granted tothe port, the port has the power to borrow moneyand to sell and dispose of bonds which shall

constitute a general obligation of the port and be

secured by the port's full faith and credit. Suchbonds outstanding at one time shall never exceedin the aggregate one and three - fourths percent of

the true cash value of all taxable property withinthe limits of the port, computed in accordance

with ORS 308 207 In computing the total ofbonds at any time outstanding, bonds issued forthe purpose of providing funds to meet obligations assumed pursuant to ORS 778 020, shall not

be included The bonds shall be secured by thetaxing power of the port as provided in ORS778065 ( 1) In addition, the port may providethat the bonds shall be payable from and secured

by a lien and pledge of all or any part of therevenues derived by the port from the facilitiesconstructed from the proceeds of the bonds

2) The port may provide for the creation ofspecial trust funds and may authorize theappointment of a trustee to administer the same

and may obligate itself to set aside and pay into aspecial trust fund any revenues pledged to thepayment of the bonds The port may establishand provide from available funds for the fundingOf debt service, operation and maintenancereserves

3) Proceeds from the sale of the bonds mayalso be used to pay the costs incurred in issuingthe bonds, preliminary work incident to carryingout such powers, including but not limited toplanning, engineering, inspection, accounting, fiscal, legal and trustee expenses and other sim-

ilar expenses, and to pay interest on the bonds forsuch period as the port may determine, but not toexceed six months beyond completion of the

facilities financed with the bonds, and to estab-

lish reserves for debt service on the bondsAmended by 1963 c 9 § 39, 1971 c 702 § 1, 1971 c 728 § 107a,

1977 c 33 § 11

778 035 [ Amended b} 1971 c 728 § 108 repealed by1977 c 33 § 2 ( 778 036 enacted in lieu of 778 035)]

778. 036 Issuance of bonds; form;

redemption Bonds authorized by ORS 778 0301) May be issued from time to time in one or

more series, bear such date or dates, mature at

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SUPERSEDED


such times and in such amounts, be in such

denomination or denominations, be payablewithin or without the State of Oregon, bear suchrate or rates of interest and have such otherterms, conditions and covenants as the board

may by ordinance determine.

2) May be in coupon form with or withoutprivilege of registration or may be in registeredform, or both, with the privilege of converting orreconverting to one form or another

3) Shall be signed by the president and bythe secretary or an assistant secretary of the port, either manually or by their printed, engraved, orlithographed signature, provided, however, thatat least one signature is manual The seal of the

port or a facsimile thereof shall be printed, engraved, or lithographed on the bonds Coupons,

if any, attached to the bonds need bear only theprinted, engraved or lithographed facsimile signature of the president and the secretary or anassistant secretary of the port

4) May be issued with the right reserved tothe board to redeem the bonds at par or at parplus a premium, in such order, and at such time or

times prior to the final maturity date or dates ofthe bonds, as the board by ordinance may provide, upon publication, at least 30 days before theredemption date, of at least one notice of theintended redemption in one issue of a newspaper

specializing in financial matters published in anyof the cities of New York, New York, Chicago, Illinois, or San Francisco, California, as the board

may provide in the ordinance, and of one suchnotice in one issue of a newspaper of general

circulation published within the corporate

boundaries of the port, provided that if a bond tobe redeemed is then registered, notice of the

intended redemption of such bond may be givenby the mailing, at least 30 days before theredemption date, of at least one such notice to theregistered owner, in lieu of the publicationthereof, provided, however, that failure to so mailsuch notice shall not affect the proceedings forsuch redemption [ 1977 c33 § 3 ( enacted in lieu of

778 035). 1981 c 94 §571

778.040 Certain bond issues to be

approved by electors. ( 1) Bonds shall not beissued by the port to provide funds for the establishment or operation of surface ship and air Imesor for the payment of bonuses to either such lineor lines without the approval of the electors of theport expressed at an election called and heldwithin the port at which such question is submitted

2) Whenever the port issues bonds for pur-

poses other than refunding bonds previously

issued and for purposes other than providingfunds to meet the obligations of the City ofPortland assumed pursuant to ORS 778.020 in anaggregate amount equal to five percent of the

present assessed valuation of all the taxable property within the territorial limits of the port, noadditional bonds shall be issued for purposes

other than refunding bonds theretofore issuedwithout the approval of the electors of the port

expressed at an election within the port at which

such question is submitted [ Amended by 1971 c 399

11

778. 045 Amount of bonds issued in oneyear limited. The total amount of bonds issued

by the port in any calendar year, except forrefunding bonds or bonds issued to provide fundsto meet obligations assumed pursuant to ORS778 020, shall not exceed $ 3 million unless a

greater amount is approved by the electors of theport at an election at which such question is

submitted [ Amended by 1971 c 728 § 110, 1973 c 178 § 7]

778. 050 [ Amended by 1971 c 728 § 111, repealed by1977 c 33 § 4]

778 056 [ Amended by 1971 c 728 § 112, repealed by1977 c 33 § 41

778.060 Expenditure of bond salefunds for operating expenses limited. Theboard shall not expend, within any one calendaryear, from the funds derived from the sale of

bonds, in excess of $500,000 to meet the operatingexpenses of the port As used in this section

operating expenses" means the maintenance ofplant, structures and equipment and such dredging as may be required to preserve or restore at orto its artificial depth a channel previously excavated by the port [ Amended by 1971 c 728 § 1 131

778. 065 Port taxing power; annuallimitation. The port may each year assess, levyand collect taxes upon all taxable real and per-

sonal property situated within its boundaries asrequired

1) To pay principal and interest on bondsissued under ORS 778 030,

2) To pay bonds, debentures and other obligations of the City of Portland assumed underORS 778 020; and

3) To pay all other expenses that may beincurred in the exercise of the powers granted to

the port. [Amended by 1963 c 9 § 40, 1971 c 701 § 1, 1971c 728 § 1431

778.070 Tax levy. ( 1) Taxes authorizedby ORS 778 065 shall be levied in each year andreturned to the county officers whose duty it is toextend the tax roll by the time required by law forcity taxes to be levied and extended The county

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SUPERSEDED


officer whose duty it is to extend the county levyshall extend the levy of the port in the samemanner city taxes are extended

2) All taxes levied by the port are payable atthe same time and shall be collected by the sameofficers as regular county taxes The countyofficers collecting the taxes shall pay them to thetreasurer of the port as provided by law [ Amendedby 1971 c 728 § 11,51

778.073 Recreational facilities; development, operation; maintenance. ( 1) The

port may construct, operate, equip and maintainpublic parks, mannas and other recreational

facilities on land owned by the port when suchfacilities may be developed in conjunction withthe exercise by the port of any of its other powers

2) The port may convey the land and recreational facilities developed under this section to apolitical subdivision or municipal corporation of

this state in exchange for an agreement to operate

and maintain the facilities solely for public recreational use

3) The port may enter into an agreementwith a political subdivision or municipal corpora-

tion of this state for the operation and mainte-

nance of recreational facilities [ 1971 c 400 § 21

778 075 Repealed by 1971 c 728 § 138]

778 080 [ amended by 1963 c 145 § 1, repealed by 1971c 728 § 1381

778. 085 Control over port waters, wharf lines; promulgation and enforce-

ment of navigational rules; limitation. ( 1)

To the full extent the State of Oregon mightexercise control, or grant to the port the right to

exercise control, the port has full control of the

rivers, harbors and waterways within its boundaries and between its boundaries and the sea

2) The port may make, change or abolishwharf lines of, in and for the rivers, harbors and

waterways within its boundaries

3) As it considers convenient, requisite or

necessary, or in the best interests of the maritimeshipping or commercial interests of the port, theboard may by ordinance make, modify or abolishregulations

a) For the use or navigation of the rivers,

harbors and waterways mentioned in subsection1) of this section, or

b) For the placing of obstructions therein, orthe removal of obstructions therefrom

4) The port may enforce the regulations byfines and penalties or seek other appropriate

remedies as the port considers necessary Finesand penalties are recoverable in the name of the

port in any court of this state having jurisdictionof actions for the recovery of fines or penaltiesimposed by state laws Fines recovered shall bepaid to the clerk of the court who, after deductingcourt costs in the proceedings, shall pay theremainder thereof to the treasurer of the port, to

go to its general fund.

5) This section does not authorize the portto cause the removal of bridges or other obstruc-

tions existing under a grant by this state Thissection does not authorize the port to excludecities other than the City of Portland from freeaccess to the channel of either the Willamette or

Columbia Rivers or the Oregon and the ColumbiaSloughs, or the free use of the rivers or sloughs for

navigation [ Amended by 1963 c 145 § 2, 1971 c 728 § 117]

778.090 Rights of riparian owner andowners of moorage facilities. Where it is

necessary to widen the general channel orimprove the navigation of the rivers or sloughs byrequiring the removal or destruction of mooragefacilities for houseboats, boathouses or pleasure

craft in the rivers or sloughs, or by establishing orreestablishing wharf lines that have the effect ofdestroying or impairing the riparian rights of theadjoining owners, the adjoining owners or othersowning the moorage facilities shall be reasonablycompensated for the removal or destruction of

the moorage facilities and for the destruction orimpairment of the riparian rights, and shall not

be required to remove or destroy the mooragefacilities in absence of reasonable compensation

therefor The Port of Portland may acquire moorage facilities, riparian rights or the real propertyof adjoining owners by exercise of the power ofeminent domain as provided in ORS 778 095

Amended by 1953 c 713 § 2, 1971 c 728 § 118, 1973 c 203 § 9]

778.095 Eminent domain power. The

port may acquire, by condemnation or otherwise, private property necessary or convenient in car-

rying out any power granted the port The right toacquire property by condemnation shall be exercised as provided by ORS chapter 35 14mended by1971 c 728 § 1191

778. 100 Reclamation of lands within

port limits, assessments; lien; hearing; appeal ( 1) When the port contemplates the

filling or reclamation of any low, swamp or submersible land within its territory held in privateownership, it may provide by ordinance forassessment by the board of the damages andbenefits to be sustained by and to accrue to theland by reason of the filling or reclamation Inmaking the assessment the question of channelfrontage as well as filling shall be considered inassessing benefits The ordinance may provide

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PORT OF PORTLAND 778. 145

for payment of damages to the owner of the landand may provide for creation of a lien upon theland in favor of the port for the amount ofbenefits and for payment of the amount of thehen, either in cash or in instalments, with interest thereon over a term of years

2) The ordinance shall provide for a hearingbefore the board to be held, upon due notice to allowners of and persons interested in the lands to

be affected by the assessment, before the assessment is made

3) Any owner or person interested m anyland affected, who is aggrieved by an assessmentmade under this section may appeal to the CircuitCourt of Multnomah County for judicial review ofthe assessment [ Amended by 1969 c. 594 § 62, 1971 c 728

1201

778. 105 Port required to contract for

work and materials; dry docks; bids. ( 1)

Except in cases of emergency and except forordinary current repair work necessary from dayto day, all material purchased for and all workdone in, on or for any dry dock, dredge, boat, scowor other appliance to be built, owned or operatedby the port, when the purchase is made or thework is done by construction, alteration or general overhauling, shall be purchased or done by orunder contract Such contracts shall be let to thelowest competent and responsible bidder, afterdue advertisement for bids, in the manner usual

and customary in the letting of contracts bypublic bidding, and under regulations prescribedby the port

2) Notwithstanding subsection ( 1) of thissection or any other provision of law, the portmay let a contract for the construction of a drydock to the lowest competent and responsiblebidder who submits a bid to construct the drydock within the port, if

a) The bid of such bidder does not exceed bymore than 10 percent the lowest bid for construction of the dry dock elsewhere, and

b) In the opinion of the board, the public

good will in any way be served thereby ( Amended by1961 c 1 I § 1, 1971 c 728 § 121, 1977 c 361 § 11

778. 110 Personnel; membership inretirement systems. ( 1) The port may employengineers, superintendents, mechanics, clerks

and other persons as necessary or convenient in

carrying on its work and fix their rates of compensation

2) No employe of the port shall become amember of the Public Employes' Retirement Sys-

tem if membership of the employe in the systemwould result in coverage of the employe by, and

contributions on the employe's behalf by the portto, both a private pension system and the Public

Employes' Retirement System [ Amended b1 1971c 495 § 1. 1971 c 728 § 144]

778. 115 Improvement contracts with

Federal Government. The port may contractwith the United States Government to do all or

part of the work of making, maintaining, or both, a depth of water in the rivers, harbors and waterways within its boundaries and between its

boundaries and the sea as determined by theFederal Government The port may receive therefor compensation as agreed between the Federal

Government and the port [ Amended by 1963 c 145 § 3, 1971 c 728 § 1231

778. 120 Operation of chapter uponrights of other entities within port limits.

Nothing in this chapter is intended to grant theport authority to interfere with or detract fromthe general rights and powers of a city or a schoolor road district that is located in whole or in part

within the boundaries of the port However, the

port has full power to carry out and fulfill thepurpose of its creation, and to exercise its power

of assessing, levying and collecting taxes [ Amendedby 1971 c 728 § 1241

778. 125 Port assistance to other gov-

ernmental units within port boundaries. Consistent with the purposes, functions andpowers granted to it by law, the port may provideresearch or technical assistance for the planning, promotion or implementation of commercial,

industrial or economic development projects

upon request by any city, county or municipalcorporation within the port p977c45 §21

REVENUE BONDS

778. 145 Issuance of revenue bonds; useof proceeds; status of bonds. For the purpose

of carrying into effect all or any of the powersgranted to ports, the port may from time to timeissue and sell revenue bonds without the neces-

sity of the electors of the port authorizing thesame Proceeds from the sale of such bonds maybe used also to cover the costs incurred in issuingsuch bonds, and preliminary work incident tocarrying out such purposes and powers, includingbut not limited to planning, engineering, inspection, accounting, fiscal, legal and trusteeexpenses, the cost of Issuance of bonds, engrav-

ing, printing, advertising and other similar

expenses, and to pay interest on the outstandingbonds Issued for any project during the period ofactual construction and for such period thereafter

as the port may determine, and to establish, maintain or increase any reserves for debt service

1191

SUPERSEDED


on the bonds and for working capital Such revenue bonds shall not in any manner or to anyextent be a general obligation of the port nor a

charge upon any other revenues or property of theport not specifically pledged thereto 11971 c 546 §2]

778. 150 Ordinance authorizes revenuebonds; content, special trust fund; trustees; enforcement ( 1) Revenue bonds issued under

ORS 778 145 to 778 175 shall be authorized at a

meeting by ordinance of the board The ordinance may provide for the creation of specialtrust funds and may authorize the appointmentof a trustee to administer the same, and may

obligate the port to set aside and pay into aspecial trust fund for the purpose of securingrevenue bonds, all or any portion of its revenues, regardless of the source from which derived, then

existing or which thereafter come into existence, not otherwise pledged or committed for other

purposes The board may, in addition thereto, pledge or mortgage for the payment of the prin-

cipal of and interest on and premium, if any, of

any issue of such bonds any property of the portnot pledged for other purposes Notice that actionupon the bond ordinance will be taken at the

designated meeting of the board, shall be givenfor a period of not less than two consecutiveweeks, prior to such meeting, by publicationthereof once each week in a newspaper of general

circulation, published within the corporate

boundaries of the port or, if there be no such

newspaper, by posting such notice for a period ofnot less than two weeks in three public places in

the port

2) The money in any special trust fundcreated by an ordinance authorizing an issue ofrevenue bonds shall be used solely for the purposes provided therefor by the ordinance

3) The ordinance may obligate the port, andthe port shall have power to fix, levy and collectsuch rates, rentals, fees and other charges for the

use and services of all or any of its facilities, which revenues may be pledged to the payment ofthe principal of and interest on and premium, if

any, of the revenue bonds or any of them and if sopledged shall be sufficient to produce revenues,

along with other lawfully available funds, adequate to pay the costs of the operation, maintenance and repair of any or all port properties, topay or provide for the payment of the principal ofand interest on, and premium, if any, of such

revenue bonds or any of them, including anyreserves for such payment, and to produce suchadditional amount of revenues therefrom as the

port may covenant with the holders of suchrevenue bonds

4) The ordinance may provide that in theevent the money in a special trust fund is insufficient to pay the revenue bonds to be paid out ofthe fund, such revenue bonds shall be payable out

of any part or all of other nonpledged revenues ofthe port Whenever all bonds and expensesthereof have been paid so that no charge remains

upon such special fund, the board may, by ordinance, transfer any balance remaining in suchfund to its general fund, discharge the trustee, if

any, and dissolve the special fund Any trusteeauthorized to administer the fund, may, subjectto approval of the board, invest and reinvest

moneys in the special fund in any security orsecurities in which the State of Oregon may bylaw invest

5) If the board fails to set aside and payrevenues into a special trust fund as required bythe ordinance authorizing the issuance and sale ofthe bonds secured by the fund, a holder of any ofsuch bonds may bring suit against the port tocompel compliance with the provisions of the

ordinance in the circuit court of the county inwhich the port has its principal office 11971 c 346

31

778. 155 Form and content of bonds; redemption. The revenue bonds issued and soldunder ORS 778 145 to 778 175

1) Shall be deemed to be for all purposes

negotiable instruments, subject only to the provisions of the bonds for registration, and need not

comply with requirements of the Uniform Com- mercial Code

2) May be issued in one or more series, bearsuch date or dates, mature at such times and in

such amounts, be in such denomination ordenominations, be payable at a designated placeor places within or without the State of Oregon orat the fiscal agency of the State of Oregon, beequally and ratably secured without priority or beentitled or subject to such priorities on all or anyportion of the revenues of the port, and, notwith-

standing any other provision of law to the contrary, bear such rate or rates of interest eitherfixed or variable under a formula fixed at the time

of issuance, and contain such other terms, condi-

tions and covenants as the board may authorize3) Shall contain a recital that principal of

and interest on and premium, if any, on therevenue bonds are payable solely out of revenuesand property of the port pledged to the paymentthereof by the ordinance of the board authorizingthe issue of which the bonds are a part

4) May be in coupon form with or withoutprivilege of registration or may be in registeredform, or both, with the privilege of convertingand reconverting from one form to another

1192

SUPERSEDED


5) May contain covenants of the port toprotect and safeguard the security and rights ofholders of any such bonds and such other termsand conditions, in conformity with ORS 778 145to 778175, which the board in its discretion

determines are necessary or desirable to protectthe port or increase the marketability of thebonds ORS 778 145 to 778 175 and any suchordinance which constitutes a contract with the

holders of the bonds, and the provisions thereof

shall be enforceable by any holder or any numberof holders of the bonds, as the board may determine

6) Shall be in the form prescribed by theboard and shall be signed by the president and bythe secretary or an assistant secretary of the port, either manually or by their printed, engraved orlithographed signature, provided, however, thatat least one signature is manual, with the seal ofthe port or a facsimile thereof printed, engravedor lithographed thereon or affixed thereto Cou-

pons, if any, attached to the bonds need bear onlythe printed, engraved or lithographed facsimile

signature of the president and the secretary or anassistant secretary Pending the preparation anddelivery of definitive bonds, the port may issueinterim certificates or temporary bonds, exchangeable for definitive bonds when such

bonds shall have been executed and are available

for delivery Such interim certificates or temporary bonds may contain such terms and conditions as the board may determine

7) May be issued with the right reserved tothe board to redeem the bonds at par or at parplus a premium, in such order, and at such time or

times prior to the final maturity date or dates ofthe bonds, as the ordinance may provide or asotherwise determined by the board, upon publication, at least 30 days before the redemption date, of at least one notice of the intended redemption

in one issue of a newspaper specializing in financial matters published in any of the cities of NewYork, New York, Chicago, Illinois, or San Fran-

cisco, California, as the board may provide in theordinance, and of one such notice in one issue of a

newspaper of general circulation published

within the corporate boundaries of the port, pro-

vided that if a bond to be redeemed is thenregistered, notice of the intended redemption of

such bond may be given by the mailing, at least 40days before the redemption date, of at least one

such notice to the registered owner, in lieu of thepublication thereof, provided, however, thatfailure to so mail such notice shall not affect theproceedings for such redemption [ 1971 c 546 §4, 1981

879 §5[

778. 160 Borrowing in anticipation ofbond sale; bond anticipation notes; content;

sale. ( 1) The port shall have the power, at anytime and from time to time after the issuance ofbonds under ORS 778 145 to 778 175 have beenauthorized, to borrow money for the purposes forwhich such bonds are to be issued in anticipationof the receipt of the proceeds of the sale of such

bonds and within the authorized maximumamount of such bond issue

2) Bond anticipation notes shall be issuedfor all moneys so borrowed under the provisions

of this section Such notes may be issued for aperiod not exceeding one year and may berenewed from time to time for periods of not

exceeding one year, but each such note, includingrenewals, shall mature and be paid not later thanthe fifth anniversary of the date the original notewas issued Such notes shall be authorized byordinance of the board and shall be in suchdenomination or denominations, shall bear inter-

est at such rate or rates approved by the board, shall be in such form and shall be executed insuch manner, all as the board shall prescribe

Such notes may be sold at public or private sale inthe manner and at such price or prices as the

board shall determine, provided that if such notes

be renewal notes, they may be exchanged fornotes then outstanding on such terms as theboard shall determine [ 1971 c 546 § 51

778. 165 Sale of revenue bonds. Theboard may from time to time sell revenue bondsauthorized to be issued and sold pursuant to ORS778 145 to 778 175, at public or private sale, inthe manner and at such price or prices as it shall

determine f197 c 546 § 61778. 170 Bonds as obligations of a pol

ical subdivision. Revenue bonds includingrefunding revenue bonds issued under ORS778 145 to 778 175 shall be considered to be bonds

or obligations of a political subdivision of the

State of Oregon for the purposes of all laws of the

state 11971 c 546 971

778. 175 Effect of ORS 778. 145 to778. 175. ORS 778 145 to 778 175 is additional,

alternative and supplemental authority for theport and shall not abrogate any power, right or

authority otherwise granted by law to the port1971 c 546 § 8]

BOARD OF COMMISSIONERS OF THEPORT OF PORTLAND

778.205 Board of commissioners; gen-

eral powers. The power and authority given tothe port is vested in and shall be exercised by aboard of nine commissioners The board mayexercise such powers, at regular or special meet-

ings, as is usual and customary with similar

bodies [ Amended by 1971 c 728 § 125]

1193

SUPERSEDED


778.210 Qualifications of members. ( 1) The board shall be composed of residents of the

counties constituting the port district The Gov- ernor shall endeavor to appoint commissioners

from the counties constituting the port districtproportionate to the population of the respective

counties After January 1, 1988, the Governorshall make appointments to the board so as toassure that not fewer than two board membersare residents of each county constituting the portdistrict

2) A person is eligible for appointment as acommissioner of the port who at the time of the

appointment is a citizen of the United States and

of the State of Oregon, and who has for one year

immediately preceding appointment residedwithin the port [ Amended b) 1961 c 469 § 1 1971 c 403

17, 1971 c 728 4 126, 1973 c 178 § 3, 1987 c 179 § 11

778. 215 Appointment; confirmation-, vacancies. ( 1) Upon the expiration of the term

of a commissioner, a successor shall be appointed

by the Governor, subject to confirmation as provided by ORS 171 562 and 171 565 Except asprovided in ORS 778 220 and 778 235, appointees, when confirmed, shall hold office for a termof four years and until their respective successors

have been appointed, confirmed and qualified

2) If a vacancy occurs by death, resignationor disqualification of a commissioner, the

vacancy shall be filled by appointment by theGovernor for the unexpired term subject to con-

firmation as provided by subsection ( 1) of thissection [ Amended b 1969 c 695 § 15, 1971 c 728 § 127

778.220 Removal. If the Governor is at

any time satisfied that a commissioner has beenguilty of malfeasance in office, the Governor mayfile with the Secretary of State a written statement of the acts of the commissioner constitutingthe malfeasance Thereupon the Secretary ofState shall transmit a copy of the statement tothe commissioner named and another copy to theclerk of the Circuit Court for Multnomah CountyAfter the expiration of 10 days following thedelivery of the statement to the commissioner ahearing shall be held before the court, of whichhearing the commissioner is entitled to at leastfive days' notice If upon the hearing the courtdetermines that the commissioner has been guiltyof malfeasance in office, written findings to thateffect shall be made and filed by the court There- upon the commissioner shall be consideredremoved from office The vacancy so created shallbe filled as provided in ORS 778 215 [ Amended b}

1971 c 728 § 1281

778.225 Meetings; quorum; executive

committee. ( 1) The board shall hold at least one

regular meeting in each month on a day to befixed by it, and may hold special meetings asprovided by the rules of the board At all regularand special meetings a majority of the commissioners then members of the board constitutes aquorum

2) The board may create an executive committee of which every commissioner shall be amember and of which a number less than a

majority, as the board may determine, may constitute a quorum for the transaction of business

The committee may hold its meetings under suchrules as the board may prescribe However, theexecutive committee has no power except as a

committee and only as expressly conferred upon

it by the rules of the board in no event shall thecommittee exercise the general powers of the

board The board has no power to appoint or

delegate any part of its power or authority to anycommittee except the executive committee

Amended by 1971 c 728 § 1291

778. 230 Board officers. ( 1) The Gover- nor shall designate one member of the board aspresident of the board, who shall hold that office

until removed from it by the Governor Thepresident of the board shall have the powers andperform the duties usual to the office of president

2) The president of the board shall designatefrom the other members of the board a vicepresident, treasurer and secretary of the board, who shall hold those offices until removed from

them by the president Each officer shall have thepowers and perform the duties usual to the

respective offices [ Amended by 1969 c345 119, 1971

c 728 § 130. 1987 c 51 § 11

778.235 Causes of vacancies; leaves of

absence. ( 1) If a commissioner appointed pursuant to ORS 778 215 refuses to serve, ceases tohave the qualifications required by ORS 778 210

1) or fails to attend for the period of 60 suc-

cessive days any of the regular or special meetingsof the board regularly and duly called and held, the commissioner' s place on the board is vacant

2) The board may grant a leave of absencenot exceeding three months to a commissionerunable to attend meetings of the board by reasonof illness or continued absence from the City ofPortland [ Amended by 1961 c 469 § 2, 1971 c 728 0,311

778.240 Biennial report. The board shallreport to the Legislative Assembly of this state, biennially, everything done or performed by theboard under this chapter [ Amended by 1971 c728

1321

778 245 [ Amended b) 1961 c 673 § 1, 1971 c 728 § 133,

repealed b) 1975 c 771 § 331

1194

SUPERSEDED

PORT OF PORTLAND 778. 990

778 250 [ Repealed by 1971 c 728 § 1381778. 255 Enactment of port ordinances;

effective date; passage; effect of referen-

dum. ( 1) The board may legislate with respect tothe internal affairs of the port by the adoption ofordinances Every ordinance enacted by theboard shall be preceded by an enacting clausesubstantially as follows " Be It Enacted by ThePort of Portland

2) Except as otherwise provided by thissection, in order to be effective, all ordinances

require the affirmative vote of a majority of thecommissioners of the port at a meeting of theboard duly and regularly held

3) Ordinances making appropriations, theannual tax levy and emergency ordinances takeeffect immediately upon passage All other ordinances are subject to the referendum and shall

become effective 30 days after enacted, unless alater date is fixed therein, in which event theyshall take effect at a later date, subject to the

referendum Except for ordinances makingappropriations and the annual tax levy, when anordinance is enacted, a notice containing a concise summary of the ordinance and the location

within the port where a copy of the completeordinance may be obtained without charge shall, within five days after passage of the ordinance, bepublished at least once in a newspaper of generalcirculation within the port

4) Ordinances making appropriations andthe annual tax levy and emergency ordinancesshall be passed by an aye and nay vote Emer- gency ordinances shall contain the statement

that an emergency exists and specify with dis- tinctness the facts and reasons constituting theemergency The unanimous vote of all the commissioners present, and of not less than seven

commissioners, is required to pass an emergencyordinance

5) In case a referendum petition is filedagainst an ordinance or part thereof, the opera-

tion of the ordinance or part thereof shall be

suspended pending the outcome of the referendum election [ Amended by 1971 c 170 § 1, 1971 c 728 $ 1341

778.260 Ordinances for regulating useof port airports; port peace officers; juris- dlction. (1) The board of the Port of Portland in

accordance with ORS 198 510 to 198 600 may byordinance make, modify or abolish regulations as

convenient or necessary to provide for policing orregulating the use of airports, and any facilitieslocated at or in conjunction with airports, owned, operated, maintained or controlled by the port

2) The port may appoint peace officers whoshall have the same authority as other peace

officers, for the enforcement of port, city andcounty ordinances and state laws at airportsowned, operated, maintained or controlled by theport

3) This section does not limit the authorityof a state, county or municipal peace officer to

enforce state laws and city and county ordinancesat airports owned, operated, maintained or con-

trolled by the port [ 1955 c 425 § § 1, 2, 3 1971 c 268 § 22, 1971 c 728 § 135, 1979 c 102 § 1 ]

778. 270 Initiative and referendum

procedures. ( 1) Except as provided in this section, the electors of the port may exercise thepowers of the initiative and referendum, with

reference to ordinances of the board, in accordance with ORS 255 135 to 255 205

2) A referendum petition shall be filed notmore than 30 days after the date the ordinance is

adopted [ 1973 c 178 § 5, 1983 c 350 §3271

778 405 [ Repealed by 1971 c 728 § 1381

778 410 lRepealed by 1971 c 728 § 1381

778 415 [ Repealed by 1971 c 728 § 1381

778 420 [ Repealed by 1971 c 728 § 138)

778 425 [ Repealed by 1971 c 728 § 138)

778 430 [ Repealed by 1971 c 728 § 138]

778 435 [ Repealed by 1971 c 728 § 1381

778 440 ( Amended by 1963 c 9 § 41 repealed by 1971c 728 § 138)

778 445 [ Amended by 1971 c 647 § 144, repealed by1971 c 728 § 138)

778 450 [ Amended by 1971 c 647 ¢ 145, repealed by1971 c 728 § 138]

778 455 [ Repealed by 1971 c 728 51381

778 460 [ Repealed by 1971 c 728 § 1381


778 470 Repealed b} 1971 c 728 § 1381

778 475 [ Repealed b} 1971 c 728 § 1381

778 480 [ Repealed by 1971 c 728 § 1381

PENALTIES

778. 990 Penalties. Any person who violates an ordinance adopted by the board of thePort of Portland under ORS 778 085 or 778 260shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not morethan $250 [ 1971 c 728 § 1361

1195

CHAPTER 779


SUPERSEDED


1196

SUPERSEDED

CHAPTER

RESERVED

FOR

EXPANSIONSUPERSEDED

Chapter 780


1987 reprint)

Improvement and Use of Navigable Streams

780 010 Stream improvement authorized, channel

obstruction prohibited

780 020 Entry on riparian lands authorized, liability

780 030 Channels improved are highways free tonavigation

780 040 When landowner may construct wharf

780 050 Municipality or port may regulate construction of certain structures beyond low - water mark

780 060 Construction not to interfere with oysterproduction

CROSS REFERENCES

Boats and boating facilities, funds, 488 860

Conformance with state water resources pohc} required, 536 300 to 536 400

Fish and Wildlife Commission, authority to

1197

Rebuild ineffective fishways at dam sites, 509 625Remove logjams, 506 201

Log patrols and booming companies, disposition of stray logs, boom sticks and boom chains, 532 510 to 532 710

Navigable bay and river beds, mineral leases, 274615 to274 645

Ports may contract with federal, state or local agencies forimproiements, 777 112

Public right of navigation presumed not to be affected by fillfor which permit has been granted, 541 665

Submersible lands, easements and licenses, 274 040

Use of navigable waters, regulation by State Marine Board, 488 830

780 010

Deleterious substances or use of explosi%es to remove obstructions in water, 509 140

Improvement of natigable stream by Port of Portland, 778025, 778085, 778115

Improving streams to present overflow, 549 110

SUPERSEDED


1198

SUPERSEDED

IMPROVEMENT AND USE OF NAVIGABLE STREAMS 780.060

780.010 Stream improvement author-

ized; channel obstruction prohibited. Anyperson, association, or corporation may enter

upon the channel or bed of any and all rivers andwater courses, navigable or susceptible of beingmade navigable, and perform work and labor

thereon, and make such improvement of the same

by clearing out or deepening the channel, constructing wing dams, blasting and removing rocksor ledges, removing sand bars, gravel bars, snagsand all other obstructions to navigation, so as to

render the rivers or any of them navigable at allseasons of the year or to Improve the navigation

No work authorized by ORS 780 010 and 780 020to be done shall be so done or conducted as toobstruct in any manner, either temporarily orotherwise, any channel or river now navigable,

but the closing of one or more channels in anyriver in order to deepen or cause more water toflow in the main channel shall not be construed as

constituting an obstruction to the navigation ofany river or watercourse

780.020 Entry on riparian landsauthorized; liability. All persons, associationsand corporations engaging in improvement of thenavigation of any river or water course, as author-

ized in ORS 780 010, may enter upon the landsadjacent to any river or water course for thepurpose of cutting timber, taking rock, gravel, dirt and other materials necessary for the prosecution of the work of such improvement, and

pass over adjacent lands with means of transpor-

tation proper for conducting the work contemplated by ORS 780 010, doing as little damage aspossible, subject only to the payment of suchdamages as may be assessed according to law

780. 030 Channels improved are high-

ways free to navigation. All channels of riversand water courses made navigable or the naviga-

tion of which is improved, as contemplated byORS 780 010, shall be public highways, and shallbe free to all steamboats and other crafts navigat-

ing them

780.040 When landowner may construct wharf. (1) The owner of any land lyingupon any navigable stream or other like water,

and within the corporate limits of any incorporated town or within the boundaries of any port, may construct a wharf upon the same, and extendthe wharf into the stream or other like water

beyond low -water mark so far as may be necessary for the use and accommodation of any ships, boats or vessels engaged exclusively in the receiptand discharge of goods or merchandise or in theperformance of governmental functions upon thestream or other like water

2) As used in this section, " wharf' does not

include new lands created upon submersible or

submerged lands by artificial fill or depositAmended by 1963 c 125 § l, 1973 c 328 § 2]

780.050 Municipality or port may regulate construction of certain structures

beyond low -water mark. The corporateauthorities of the town wherein a wharf, dock, pier, moorage or similar structure is proposed to

be constructed, or the commission of any portwherein the structure is proposed to be constructed if the proposed location of the structure

is not within any town, may regulate the construction of the structure Upon application of

the person entitled to and desiring to constructthe wharf, dock, pier, moorage or similar structure, the corporate authorities or port commis-

sion, as the case may be, may by ordinance orother like mode prescribe the mode and extent towhich the structure may be constructed beyondthe line of low -water mark so that the structure

shall not be constructed any farther into thestream or other water beyond the low -water line

than may be necessary and convenient for the useof the structure and so that it will not

unnecessarily interfere with the navigation of thestream or other like water [ Amended by 1963 c 125 § 2, 1973 c 328 §3]

780.060 Construction not to interfere

with oyster production. Nothing in this chapter authorizes the construction of a wharf, dock,

pier, moorage or similar structure at any placewhere its construction and operation will sub-

stantially impair or interfere with the cultivation

and taking of oysters subject to the provisions ofORS 622 210 to 622 300 and 622 320 11969 c 675

20, 1973 c 928 § 4]

1199

SUPERSEDED


1200

SUPERSEDED

Chapter 781

1987 reprint)

Certification of Ship Bonds

Note 781010, 781 020, 781030, 781 040, 781 050

781060, 781070, 781 080 and 781 090 repealed b 1953 e 4252

1201

SUPERSEDED


1202

SUPERSEDED

Chapter 782

1987 reprint)

Licensing of Sailors' Boarding Houses and Hotel Keepers andShipping Masters

Note 782 010, 782 020, 782 030, 782 040, 782 050, 782 130, 782 140, 782 150, 782 160, 782 170, 782 180, 782 190

782 060, 782 070, 782 080, 782 090, 782 100 782 110, 782 120, and 782 990 repealed by 1953 c 113 § 2

1203

SUPERSEDED


1204

SUPERSEDED

Chapter 783


1987 reprint)

Liabilities and Offenses Connected with Shipping andNavigation

LIENS ON BOATS AND VESSELS783 010 Claims for which liens accorded

783 020 Lien priority

783 030 Right to proceed against boat or vesseldirectly

783 040 Complaint, jurisdiction and venue

783 050 Issuance of warrant for seizure of boat orvessel

783 060 Procedure after return of warrant

783 070 Persons authorized to appear for boat orvessel, answer

783 080 Judgment by default, proceedings on issueof fact

783 090 Discharge of boat or vessel on givng ofundertaking

783 100 Return of deposit, disposition of balance

783 110 Order for sale on judgment

783 120 Judgment on undertaking, issuance ofexecution

783 130 Bill of sale of boat or vessel, effect of previous liens

783 140 Rights of other lien claimants

783 150 Distribution of proceeds of sale

783 160 Sale of appurtenances for fractional shareof boat or vessel

783 170 Limitation of actions

NAVIGATIONAL WRONGS AND REMEDIES

783 310 Destruction or injury of property gener-

OFFENSES

ally, Lability of torlfeasor and employer,

Enticement of seamen to desert or leave

lien on vessel

783 320 Injuries to person or property ashore, lia-

Harboring and secretion of seamen

bility in damages, venue

783 330 Attachment against vessel, motion and

furnishing employment

undertaking

783 340 Redelivery of attached vessel

783350 Nonresident owners, service, judgment,

Arrest of officers and seamen for debt pro-

designation

783 360 Priority of attachment

OFFENSES

783 510 Enticement of seamen to desert or leaveship

783 520 Harboring and secretion of seamen

783 530 Receipt of compensation from seaman forfurnishing employment

783 550 Unauthorized boarding of nonpassengervessel

783 560 Arrest of officers and seamen for debt prohibited

783 570 Enforcement officer in Portland andAstoria

783 580 Tugboat operator refusing to tow, discrimination in charges

783 590 Lowering of smokestacks of vessels navigating upper Willamette

783 600 Discharge of ballast in navigable waters

783 610 Offenses relating to buoys and beacons, disposition of fines

PENALTIES

783 990 Penalties

CROSS REFERENCES

Offenses in connection with stray logs and lost boom sticksand boom chains 532 510 to 532 710

783 100

Money or certified check in lieu of bond, 22 020 to 22 070

783 310

Nav igable bay and river beds, leasing, 274 615 to 274 645State Marine Hoard rules, 488 830

Submerged and submersible lands leasing, 274 760783 330

Money or certified check in lieu of bond 22 020 to 22 070

783 610

Mooring to buoys and beacons, 488 150

1205

SUPERSEDED


1206

SUPERSEDED

LIABILITIES FOR SHIPPING AND NAVIGATION 783. 090

LIENS ON BOATS AND VESSELS

783.010 Claims for which liensaccorded. Every boat or vessel used in navigating the water of this state or constructed in thisstate is liable and subject to a hen

1) For wages due to persons employed, forwork done or services rendered on board suchboat or vessel

2) For all debts due to persons by virtue of acontract, expressed or implied, with the owners of

a boat or vessel, or with the agents, contractors orsubcontractors of such owner, or with any personhaving them employed to construct, repair orlaunch such boat or vessel, on account of labordone or materials furnished by mechanics, tradesmen or others in the building, repairing, fitting and furnishing or equipping such boat orvessel, or on account of stores and supplies furnished for the use thereof, or on account ofpremiums for insurance placed on or with respectto such boat or vessel, or on account of launch - ways constructed for the launching of such boator vessel

3) For all sums for wharfage, anchorage ortowage of such boat or vessel within this state

4) For all demands or damages accruing fromthe nonperformance or malperformance of anycontract of affreightment, or of any contracttouching the transportation of persons or property, entered into by the master, owner, agent orconsignee of the boat or vessel on which suchcontract is to be performed, and for damages or

Injuries done to persons or property, by such boator vessel, and for damages or injuries by such boator vessel resulting in the death of any personAmended by 1981 c 548 § 1J

783. 020 Lien priority. ( 1) The classes ofclaims specified in ORS 783 010 shall have pn-

onty according to the order in which they areenumerated

2) The liens under ORS 783 010 shall haveprecedence over all other liens and claims against

such boat or vessel, except the following liens, claims and security interests, whether or not the

following liens, claims or security interests havearisen or been perfected before or after liensunder ORS 783 010

a) Liens and claims arising under thoseportions of the Ship Mortgage Act, 1920, thatappear in sections 921 to 954 and 971 to 975 oftitle 46 of the United States Code

b) Security interests perfected under ORSchapter 79

c) Security interests on certificates of titleperfected under ORS chapter 488 [ Amended by 1981c 548 § 2J

783. 030 Right to proceed against boator vessel directly. Any person having ademand as mentioned in ORS 783 010, instead ofproceeding for recovery thereof against the master, owner, agent or consignee of the boat or

vessel, may at the person' s option commence anaction against such boat or vessel by name

783.040 Complaint; jurisdiction andvenue. Any person wishing to commence anaction against a boat or vessel shall file the

complaint against such boat or vessel by namewith the clerk of the circuit court of the county inwhich the boat or vessel may lie or be Thecomplaint shall set forth the plaintiff's demand inall its particulars, and on whose account the same

accrued, and shall be verified by the plaintiff orsome credible person for the plaintiff

783. 050 Issuance of warrant for seizure of boat or vessel. Whenever the complaint is filed, the clerk shall issue a warrant

thereon, commanding the sheriff to seize the boator vessel mentioned in the complaint, with thetackle, apparel and furniture of the boat or vesseland retain the same until discharged from suchcustody by due course of law

783.060 Procedure after return of

warrant. Upon the return of any warrant issuedas prescribed in ORS 783 050, proceeding shall behad in the circuit court against the boat or vesselseized, in the same manner as if the action had

been commenced against the person on whoseaccount the demand accrued

783. 070 Persons authorized to appearfor boat or vessel; answer. The master,

owner, agent or consignee of the boat or vessel

may appear on behalf of the boat or vessel andanswer the complaint

783.080 Judgment by default; proceedings on issue of fact. If in any action commenced under ORS 783 030 and 783 040 themaster, owner, agent or consignee does notappear and answer the complaint, the plaintiff

may proceed to take judgment in the same manner and under the same restrictions as in a civilaction against a natural person If an issue of fact

is joined, the same proceeding shall be had as inother actions

783. 090 Discharge of boat or vessel ongiving of undertaking. If the master, owner, agent or consignee, before final judgment in anyaction commenced in pursuance of ORS 783.030

and 783 040, enters into an undertaking in favor

1207

SUPERSEDED


of the plaintiff, with sufficient security, to beapproved by the judge or clerk of the court inwhich the action is pending, conditioned to satisfy the amount which is adjudged due and owingto the plaintiff on determination of the action, together with all costs accruing, such boat orvessel, with its tackle, apparel and furniture, shallbe discharged from further detention by the sheriff

783 100 Return of deposit; disposition

of balance. If judgment is for the defendant, anydeposit in lieu of an undertaking shall be returnedto the person making the same, or if a balanceremains after satisfying any judgment in favor ofthe plaintiff and costs of suit, the balance shall beso returned

783. 110 Order for sale on judgment. Ifjudgment is rendered against any boat or vessel infavor of the plaintiff, the court shall make an

order directed to the sheriff, commanding thesheriff to sell the boat or vessel, together with itstackle, apparel and furniture, to satisfy the judgment and costs which may have accrued in thecause, which order shall be executed and returnedin the same manner as other executions

783120 Judgment on undertaking;

issuance of execution. If an undertaking with

surety was given according to ORS 783 090 andjudgment rendered in favor of the plaintiff, ajudgment shall also be rendered upon the under-

taking, and execution issued for the amount ofjudgment and costs in favor of the plaintiff, against the principal and security in such under-

taking783. 130 Bill of sale of boat or vessel;

effect of previous liens. When any boat orvessel is sold in pursuance of ORS 783 110 to

783 160, the officer making the sale shall executeto the purchaser a bill of sale therefor, and suchboat or vessel shall, in the hands of the purchaserand the purchaser' s assigns, be free and discharged from all previous liens and claims underthis title

783. 140 Rights of other lien claimants.

Any other person having or claiming a lienagainst any boat or vessel in pursuance of ORS783 010 may, at any time after the sale uponexecution and before payment over of any surplusin the hands of the sheriff, commence an action

against such boat by name, as if the same had notbeen sold, and serve notice thereof upon theformer master, owner, agent or consignee While

such action is pending, the sheriff shall not payover any surplus that may be in the sheriff'shands to such master, owner, agent or consignee

783. 150 Distribution of proceeds ofsale. In the distribution of the proceeds of sale,

claims of a prior class shall be paid entire before

any payment shall be made upon claims of asubsequent class When the money to be appliedto any class is insufficient to pay all the claims ofthat class, it shall be apportioned ratably amongthe claims of that class

783160 Sale of appurtenances forfractional share of boat or vessel. If it

appears to the court in which the action is pend-

ing, or the judge thereof, that the hens against theboat or vessel can be satisfied by a sale of thetackle, apparel and furniture, or a part thereof, ora fractional share in such boat or vessel, the courtor judge may modify the order of sale accordinglyIf in pursuance of such order a sale is made of a

fractional share in such boat or vessel, the purchaser shall hold such share jointly with the otherowners

783. 170 Limitation of actions. All

actions against a boat or vessel under ORS783 010 to 783 160 shall be commenced withinone year after the cause of action has accrued

NAVIGATIONAL WRONGS AND

REMEDIES

783.310 Destruction or injury of prop-

erty generally; liability of tortfeasor andemployer; lien on vessel. If any person in the

control of any steamboat or other watercraftconducts or navigates the same intentionally or

negligently so as to destroy or injure the propertyof another, such person and the person' semployer each shall be liable in damages for the

property so injured or destroyed, and the damagesshall be a lien on such boat

783. 320 Injuries to person or propertyashore; liability in damages; venue. Theowner or owners of any boat or vessel which, when navigating the waters of this state or whenwithin the waters of this state, has, through thenegligence or misconduct of the owner, agent, master, pilot or employes thereon, caused injury

to persons or property upon shore or uponwharves, warehouses, bridges or other structuresaffixed or contiguous to such shore, wharves, warehouses, bridges or other structures, shall beliable for all damages resulting to such person orto the owners of such property by reason thereofThe persons so injured may recover the same inan action at law in the circuit court of any county

within which the boat or vessel may be found

783. 330 Attachment against vessel;

motion and undertaking. The person so

injured may at the time of filing the complaint, orat any time subsequent thereto, cause an attachment to issue against the vessel The clerk of the

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LIABILITIES FOR SHIPPING AND NAVIGATION 783 580

circuit court shall issue a writ of attachment

directing the sheriff of the county to levy upon, seize and take the vessel, but such attachment

shall only issue upon the filing by the plaintiff of awritten motion for such attachment, together

with an undertaking in a sum equal in amount tothe sum demanded in the complaint The under-

taking shall be executed by one or more sureties, and shall be so conditioned that the signersthereof shall be liable in the sum named thereinto the owners of the vessel if the attachment is

wrongful or without sufficient cause The sureties

shall in the aggregate justify in double the amountof the undertaking

783. 340 Redelivery of attached vessel. The sheriff shall redeliver the vessel attached tothe owner or master thereof upon the owner or

master delivering to the sheriff an undertaking, with one or more sufficient sureties approved bythe judge of the court, or in case of the judge' s

absence by the sheriff, which undertaking shall beso conditioned that the obligors therein shall payto the plaintiff the judgment rendered in the

cause The sureties thereon shall in the aggregate

justify in double the amount of the undertaking783. 350 Nonresident owners, service,

judgment, designation. If the owner of the

vessel is nonresident of and not within Oregon, service of the summons and complaint shall bemade upon the master or person in charge of the

vessel, with the same force and effect as though

made by publication In such event the ownershall be required to appear and answer to thecomplaint within the same time as though the

owner were served personally In such event nopersonal judgment against the owner shall be

rendered in the action, but only an order of sale ofthe property attached, or, in event of such property being released upon undertaking, then judgment shall be rendered against the obligors

thereon In the event of the vessel belonging tononresidents, defects in the names of parties

defendant shall not in any respect affect thevalidity of the proceedings or of any judgmentrendered therein

783.360 Priority of attachment. Theattachment provided for in ORS 783 330 shall

have priority over any mortgage upon the vesseland over any liens thereon not of a maritimenature

OFFENSES

783. 510 Enticement of seamen to des-

ert or leave ship. No person shall entice,

persuade or by any means attempt to persuade, any seaman to desert from, or without permission

of the officer then in command thereof to leave or

depart therefrom, either temporarily or otherwise, any ship or steamer or other vessel while

such ship, steamer or other vessel is within thewaters under the jurisdiction of this state or

within the waters of the concurrent jurisdiction

of this state and Washington

783. 520 Harboring and secretion ofseamen No person shall knowingly and withmanifest intention to deprive the owner or mas-

ter of any ship or vessel of the services of anyseaman, harbor or secrete, or by any means aid inharboring or secreting with the intentionaforesaid, any seaman mentioned in ORS783 510

783. 530 Receipt of compensation from

seaman for furnishing employment. No

person shall demand or receive, either directly orindirectly, from any seaman or apprentice, orfrom any person seeking employment as a seamanor apprentice, or from any person on behalf of theseaman or apprentice, any remuneration what-

ever for providing the seaman or apprentice withemployment on board any seagoing vessel

783 540 [ Repealed by 1953 c 113 § 2]

783.550 Unauthorized boarding ofnonpassenger vessel. No person not acting inan official capacity shall board or attempt toboard any ship or other vessel on the Willametteor Columbia River, not engaged in the carrying ofpassengers for hire, without the consent firstobtained of the captain, master or other officer in

command thereof at the time

783. 560 Arrest of officers and seamen

for debt prohibited. No officer or seaman of a

seagoing vessel or ship shall be arrested orimprisoned for debt. No officer shall execute aprocess of arrest for debt upon such officer orseaman

783.570 Enforcement officer in Port- land and Astoria. The mayor and common

council of the cities of Portland and Astoria,

severally shall appoint or designate a person orofficer to see that ORS 783 510 to 783 560 are not

violated and that the provisions thereof are

enforced Such person or officer shall have all the

authority and powers of a peace officer, and maymake arrests for violation of ORS 783 510 to783 560 The person or officer shall perform such

other duties as to the enforcement of those sec-

tions as may be enjoined upon the person orofficer by the respective common council andshall receive such compensation for services as

the common council may by ordinance provide

783. 580 Tugboat operator refusing totow; discrimination in charges. Any tugboat

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SUPERSEDED


towing for hire in any of the waters of this state isa common carrier for the business of towingvessels No master or owner of any such tug shallrefuse to tow any vessel of the class usually towedby such a tug, or shall discriminate either in thecharges for towing or in time, but they shall towall such vessels in the order in which they may beannounced ready, provided, that towing in or outof a bar harbor may take precedence over towinginside of such harbor

783.590 Lowering of smokestacks ofvessels navigating upper Willamette. Anyperson or corporation operating any steamboat orother watercraft upon the Willamette River

above the City of Portland, shall so construct thesmokestacks upon such steamboat or other

watercraft with hinges so arranged that thesmokestacks thereon can be lowered to a levelwith the pilot house upon such steamboat or

other watercraft when necessary to pass underany bridge at any time constructed across theWillamette River

783. 600 Discharge of ballast in naviga-

ble waters. No person, whether an officer of a

vessel or not, shall discharge the ballast of anyvessel into the navigable portions or channels of

any of the bays, harbors or rivers of this state, orwithin the , jurisdiction of this state, so as to

injuriously affect such portions or channels ofsuch bays, harbors or rivers, or to obstruct navigation thereof

783.610 Offenses relating to buoys andbeacons; disposition of fines. ( 1) No person

shall moor any vessel of any kind or any name, orany boat, skiff, barge, scow, raft, or part of a raft, to any buoy or beacon placed in the navigablewaters of this state, or in any bay, river or arm ofthe sea bordering upon this state, by the authority of the United States Coast Guard or shall inany manner hang on with any vessel, boat, barge, scow, raft, or part of a raft, to any such buoy orbeacon, or shall wilfully remove, damage ordestroy any such buoy or beacon, or shall cutdown, remove, damage or destroy any beacon orbeacons erected on land in this state by authorityof the United States Coast Guard

2) All fines for violation of this section shall

be paid into the county school fund of the countyin which the action is tried [ Amended by 1965 c 539

5)

PENALTIES

783. 990 Penalties. ( 1) Violation of ORS

783 510 is punishable, upon conviction, before a

justice of the peace or circuit court, by a fine ofnot less than $ 50 nor more than $ 200, or byimprisonment in the county jail for not less thanone nor more than six months, or both


upon conviction, before a justice of the peace or

circuit court, by a fine of not less than $50 normore than $ 250, or by imprisonment in thecounty jail for not less than 60 days nor morethan six months


upon conviction, before a justice of the peace or

circuit court, by a fine of not less than $ 20 normore than $ 200, or by imprisonment in thecounty jail for not less than 10 nor more than 100days

4) Violation of ORS 783 550 is punishable, upon conviction, before a justice of the peace or

circuit court, by a fine of not less than $ 20 normore than $100 or by imprisonment in the countyjail for not less than 10 nor more than 100 days, orboth

5) Violation of ORS 783 560 by any officer ispunishable, upon conviction, before a justice of

the peace or circuit court, by a fine of not lessthan $20 nor more than $ 100


upon conviction, by a fine of not less than $ 100nor more than $250, and by imprisonment in thecounty jail not less than 10 nor more than 25days Justices of the peace have ,jurisdiction of

violations of ORS 783 580

7) Violation of ORS 783 590 and injury ordamage of any bridge across the Willamette Riverfor want of the appliances described in ORS

783 590 is punishable, upon conviction, by a fineof not less than $50 nor more than $500


upon conviction, by a fine of not less than $ 100nor more than $500, or by imprisonment in thecounty jail for not less than three months normore than one year


upon conviction, by a fine of not less than $ 100nor more than $ 200, or by imprisonment in thecounty jail not less than one nor more than sixmonths, or both [ Amended by 1953 c 119 § 21

1210

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SUPERSEDED

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EXPANSIONSUPERSEDED

CHAPTER

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Ims

EXPANSIONSUPERSEDED

CHAPTER

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EXPANSIONSUPERSEDED

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TITLE 59

OREGON VEHICLE CODE

Chapter 801 General Provisions and Definitions for Oregon Vehicle Code802 Administrative Provisions803 Vehicle Title and Registration805 Special Registration Provisions

806. Financial Responsibility Law807 Driving Privileges, Licenses and Permits809 Refusal, Suspension, Cancellation and Revocation of Registration and Driving

Privileges, Habitual Offenders, Vehicle Impoundment

810 Road Authorities, Courts, Police, Other Enforcement Officials811 Rules of the Road for Drivers

813 Driving Under the Influence of Intoxicants814 Pedestrians, Passengers, Livestock, Motorcycles, Mopeds, Bicycles815 Vehicle Equipment Generally816. Vehicle Equipment Lights818 Vehicle Limits

819 Destroyed, Abandoned and Stolen Vehicles, Vehicle Identification Numbers820 Special Provisions for Certain Vehicles821 Off -road Vehicles, Snowmobiles, All- terrain Vehicles822 Regulation of Vehicle Related Businesses

823 Ambulances and Emergency Medical Personnel

Chapter 801


General Provisions and Definitions for Oregon Vehicle Code

1211

GENERAL PROVISIONS 801 105 Administrator"

801 010 Short title 801 110 Alley"

801. 015 Effect of naming offenses 801 115 Ambulance"

801 020 Statements of policy and purpose, 101 120 Ambulatory disability" apphcabihty of vehicle code

801 125 Antique vehicle" 801 025 General exemptions, exceptions

801 130 Assembled vehicle" 801 030 Exemptions from amendments to vehicle

code801135 Axle"

801. 035 Relationship to regulation by Public Utility 801 140 Balance trailer" Commission 801145 Bail"

801 040 Authority of local governments 801 150 Bicycle"

801 045 Permissive use of private roadway 801 155 Bicycle lane"

801 050 Privilege of motorist to use highways 801 160 Bicycle path"

801 055 Weight standards, Department of Trans- 801 165 Bus trader"

portation responsibility for weight deter- 801 170 Business district"

mination

801175 Canceled"

DEFINITIONS 801180 Camper"

801. 100 Definitions generally 801 185 Certificate of title"

801 190 Class I all- terrain vehicle"

1211

SUPERSEDED

OREGON VEHICLE CODE

801 193 " Class 11 all - terrain vehicle"

801 195 " Combination of vehicles"

801 200 " Commercial bus"

801 205 " Commercial bus trailer"

801 210 " Commercial vehicle"

801215 " Commission"

801220 " Crosswalk"

801225 " Department"

801230 " Director"

801 235 " Disabled person"

801 240 " Div iston"

801245 " Darer license"

801 250 " Drn er permit"

801 255 " Driving privilege"

801 260 " Emergency vehicle"

801 265 " Farm tractor"

801 270 " Farm trailer'

801 275 " Fifth wheel hrtcb"

801 280 " Financial responsibility requirements"

801 285 " Fixed load vehicle"

801 290 " Future responsibility filing"

801 295 " Golf cart"

801 300 " Group of axles'

801305 " Highway"

801 310 " Implement of husbandry"

801315 " Indorsement"

801 320 " Intersection"

801 325 " Limited vmtbilrty condition" 801 330 " Loaded weight"

801 335 " Manufacturer"

801 340 " Mobile home"

801345 " Moped"

801 350 " Motor home"

801 355 " Motor truck"

801360 " Motor %chicle"

801365 " Motorcycle"

801370 " Operation"

801375 " Owner"

801 380 " Park" or "parking"

801385 " Pedestrian"

801 390 " Pole trailer"

801 395 " Police officer"

801 400 " Premises open to the public"

801 405 " Reconstructed vehicle"

801 410 " Registration" or " register"

801 415 " Registration plate"

8^ 1 420 " Registration weight"

801425 " Replica"

801 430 " Residence district"

801 435 " Revoked"

801 440 " Right of way"

801 445 " Road authority"

801450 " Roadway"

801 453 " Rural interstate highway"

801 455 " School activity vehicle"

801 460 " School bus"

801 465 " Security interest"

801 470 " Self - supporting trailer"

801475 " Semitrailer"

801 480 " Shoulder"

801485 " Sidewalk"

801490 " Snowmobile"

801 500 ` Special use trader"

801 505 " Stand" or "standing"

801510 " Stop"

801515 " Suspend"

801 520 " Tandem axles'

801525 " Tire"

801 530 " Tow vehicle"

801 535 " Throughway"

801 540 " Traffic control device"

801 545 " Traffic crime"

801 550 " Traffic infraction"

801 555 " Traffic offense"

801 560 " Trailer"

801 565 " Travel trader"

801 570 " Trolley"

801 575 " Truck tractor"

801 580 " Truck trailer"

801 585 " Unloaded weight"

801. 590 " Vehicle"

801 595 " Vehicle code"

801 600 " Vehicle identification number"

801 605 " Vehicle of special interest"

801 610 " Worker transport bus"

CROSS REFERENCES

Authority for roads and traffic signals, 810 010 to 810 250

Multistate Highway Transportation Agreement, 802 560

801 010

City designation of truck route, procedure, 227 400

801 040

Ambulances and emergency medical technicians, regulationb) local go%ernment6 authority and restrictions, 823 220

City designation of truck route, procedure, 227 400

1212

SUPERSEDED

GENERAL PROVISIONS AND DEFINITIONS 801. 020

GENERAL PROVISIONS

801. 010 Short title. (1) ORS chapters 801

to 822 may be cited as the Oregon Vehicle Code

2) ORS 809 600 to 809 660 may be cited asthe Habitual Traffic Offenders Act

3) ORS 813 100, 813 140, 813 150, 813 310,

813 320 and 813 410 to 813 440 may be cited asthe Motorist Implied Consent Law 11983 c 338 § 1,

1985 c 16 § 21

801. 015 Effect of naming offenses. Thenames given offenses in the vehicle code do notestablish or limit the elements of the offense

described but are merely for the convenience ofthe readers of the vehicle code and of the persons

administering and enforcing, the vehicle code. 11983 c 338 § 21

801. 020 Statements of policy and purpose; applicability of vehicle code. This section contains statements of purpose or intent

that are applicable to portions of the vehicle code

as described in the following1) The provisions of the vehicle code and

other statutory provisions described in this subsection are an exercise of the police powers of this

state, and the purpose, object and intent of the

sections is to provide a comprehensive system forthe regulation of all motor and other vehicles in

this state This subsection is applicable to the

following

a) Those portions of ORS 308 865 relating tothe duties of the division

b) Those provisions of the vehicle code relat-

ing to the administration of the divisionc) Those provisions of the vehicle code relat-

ing to the registration and titling of vehicles.

d) Those provisions of the vehicle code relat-

ing to the regulation of the businesses of vehicledealers, wreckers, vehicle transporters, driver

training schools and instructors and the towingand recovery of vehicles

e) Those provisions relating to the transferand alteration of vehicles

2) It is the policy of this state to promote andencourage the fullest possible use of its highwaysystem by authorizing the making and executionof motor vehicle reciprocal or proportional regis-

tration agreements, arrangements and declarations with other states, provinces, territories and

countries with respect to vehicles registered in

this and such other states, provinces, territories

and countries, thus contributing to the economicand social development and growth of this state.

3) The provisions described in this subsec-

tion shall be applicable and uniform throughout

this state and in all political subdivisions and

municipalities therein and on the ocean shore

which has been or may hereafter be declared astate recreation area. This subsection applies to

provisions of the vehicle code relating to abandoned vehicles, vehicle equipment, regulation ofvehicle size, weight and load, the manner of

operation of vehicles and use of roads by persons, animals and vehicles

4) The provisions of the vehicle codeapplicable to drivers of vehicles upon the high-

ways shall apply to the drivers of all vehiclesowned or operated by the United States, thisstate or any county, city, district or any otherpolitical subdivision of this state, subject to such

specific exceptions as are set forth in the vehiclecode

5) Except as provided otherwise by federallaw, the provisions of the vehicle code shall beapplicable and uniform on federal lands withinthis state

6) Except as provided otherwise by federallaw, traffic rules and regulations which are prom-

ulgated by a federal authority having jurisdictionover federal lands within this state and which

vary from the provisions of the vehicle code shallbe the law of the local authority within whoseboundaries the federal land is located, and enforceable as such, if

a) Local authorities are authorized to vary inthe same manner under the provisions of the

vehicle code; and

b) Prior approval for the variance has beenobtained by the federal authority from the governing body of the local authority within whoseboundaries the federal land is located.

7) The vehicle code shall govern the con-

struction of and punishment for any vehicle codeoffense committed after June 27, 1975, the con-

struction and application of any defense to aprosecution for such an offense and any administrative proceedings authorized or affected bythe vehicle code

8) When all or part of a vehicle code statute

is amended or repealed, the statute or part thereof

so amended or repealed remains in force for thepurpose of authorizing the accusation, prosecution, conviction and punishment of a person who

violated the statute or part thereof before the

effective date of the amending or repealing Act9) The provisions of the vehicle code

described in this subsection relating to the operation of vehicles refer exclusively to operation of

1213

SUPERSEDED

801. 025 OREGON VEHICLE CODE

vehicles upon highways and the ocean shore

which has been or may hereafter be declared to bea state recreation area, except where the vehicle

code specifically provides otherwise. This subsection applies to the provisions of the vehicle code

relating to abandoned vehicles, vehicle equipment, regulation of vehicle size, weight and load, the manner of operation of vehicles and use of

roads by persons, animals and vehicles

10) All reciprocity and proportional registration agreements, arrangements and declarations

relating to vehicles, in force and effect on August22, 1969, shall continue in force and effect until

specifically amended or revoked as provided bylaw or by such arrangements or agreements

11) It is hereby declared to be the policy ofthis state

a) To provide maximum safety for all persons who travel or otherwise use the public highways of this state;

b) To deny the privilege of operating motorvehicles on the public highways to persons who

by their conduct and record have demonstratedtheir indifference for the safety and welfare ofothers and their disrespect for the laws of thestate, the orders of her courts and the statutorilyrequired acts of her administrative agencies, and

c) To discourage repetition of criminal actsby individuals against the peace and dignity ofthe state and her political subdivisions and toimpose increased and added deprivation of theprivilege to operate motor vehicles upon habitual

offenders who have been convicted repeatedly ofviolations of traffic laws.

12) If any of the provisions under ORS818 200 relating to variance permits are found tocontravene section 127 of title 23, United States

Code, it shall not serve to render inoperative anyremaining of such provisions that may be heldnot to conflict with that federal law 11983 c 338 §4,

1985c 16 § 41

801.025 General exemptions; exceptions. Except as otherwise specifically providedin the vehicle code, the provisions of the vehicle

code do not apply to the exemptions described inthis section This section exempts all of the

following partially or completely as described

1) Persons, motor vehicles and other equipment employed by the United States, this state, any county, city, district or other political subdivision or a public utility are exempt from thevehicle code while on a highway and working orbeing used to service, construct, maintain orrepair the facilities of the utility, or to persons, motor vehicles and other equipment while oper-

ated within the immediate construction project

as described in the governmental agency contractif there is a contract, in the construction or

reconstruction of a street or highway when thework is being done in an area that is signed inaccordance with the manual adopted under ORS810 200. This subsection does not provide anexemption under the following circumstances.

a) For provisions relating to serious trafficoffenses

b) To the persons and vehicles when travel-

ing to or from the facilities or construction project '

2) Devices moved exclusively on stationaryrail tracks are exempt from the vehicle code

3) Devices that are powered exclusively byhuman power are not subject to those provisionsof the vehicle code that relate to vehicles Not-

withstanding this subsection, bicycles are generally subject to the vehicle code as provided underORS 814 400 [ 1983 c 338 §5, 1985 c 16 § 51

Note The amendments to 801 025 by section 139, chapter 447, Oregon Laws 1987, take effect July 1, 1989 Seesection 143, chapter 447, Oregon Laws 1987 The text is set


801 025 Except as otherwise specifically provided inthe vehicle code, the provisions of the vehicle code do not

apply to the exemptions described in this section Thissectionexempts all of the following partially or completely asdescribed

1) Persons, motor vehicles and other equipment

employed by the United States, this state, any county, city, district or other political subdivision or a public utility ortelecommunications utility are exempt from the vehicle codewhile on a highway and working or being used to service, construct, maintain or repair the facilities of the utility or topersons, motor vehicles and other equipment while operated

within the immediate construction project as described in the

governmental agency contract if there is a contract, in the

construction or reconstruction of a street or highway when thework is being done in an area that is signed in accordance withthe manual adopted under ORS 810 200 This subsection does

not provide an exemption under the following circumstances

a) For provisions relating to serious traffic offenses

b) To the persons and vehicles when traveling to or fromthe facilities or construction project

2) Devices moved exclusively on stationary rail tracksare exempt from the vehicle code

3) Devices that are powered exclusively by human powerare not subject to those provisions of the vehicle code that

relate to vehicles Notwithstanding this' subsection, bicycles

are generally subject to the vehicle code as provided underORS 814 400

801. 030 Exemptions from amendments

to vehicle code. This section describes exemptions from specific changes to the vehicle code

1214

SUPERSEDED


The exemptions allow some practice or right to ( 4) Proportional registration and propor-

continue after the change is made The exemp- tional fleet registration do not affect the author - tions are as follows ity of the Public Utility Commission except as

1) Nothing contained in ORS 810 150 shall specifically provided under ORS 802 510, 805 140require the redesign, modification or replacement and 805 150 11983 c 338 § 7, 1985 c 16 § 6, 1985 c 400 § 11of street drains installed prior to September 13, 1975

2) Sections 2 to 169 of chapter 451, Oregon

Laws 1975, shall not apply to or govern theconstruction of or punishment for any vehiclecode offense committed before June 27, 1975, or

the construction and application of any defenseto a prosecution for such an offense and do not

impair or render ineffectual any court or administrative proceedings or procedural matters which

occurred before June 27, 1975 f1983 c.138 § 6, 1965c 171 § 1]

801. 035 Relationship to regulation byPublic Utility Commission. This section provides for interrelationship between regulationunder the vehicle code and regulation under ORS

chapter 767 This section shall not be construed

as the only section of the vehicle code definingthe interrelationship between the vehicle codeand ORS chapter 767 This section applies as

described in the following1) The Motor Vehicles Division and the

Public Utility Commission of Oregon shall cooperate and establish, by rule, procedures by whicha person who is required both to be insured ormaintain proof of financial responsibility underthe vehicle code and to be insured under ORS

chapter 767 may meet filing requirements forboth with a single filing Filing procedures established by rule under this subsection are sufficientto meet requirements for filing proof of financialresponsibility and a certified statement of insur-

ance under both the vehicle code and ORS chapter 767

2) The fees described in this subsection are

in addition to any fees now payable by motorcarriers under ORS chapter 767 This subsection

applies to fees provided for trip permits underORS 803 645 and fees provided for operation of a

towing or transporter business under ORS822 700

3) The issuance of a certificate for towingbusinesses under ORS 822 205 does not limit anyauthority of the Public Utility Commission ofOregon to regulate motor carriers under ORS

chapter 767 including those carriers issued certificates under ORS 822 205 The issuance ofcertificates issued under ORS 822 205 and the

regulation of persons engaged in the towing business is in addition to any permits or authorityrequired or rules imposed under ORS 767 110 or

any other provision of ORS chapter 767

801. 040 Authority of local governments. This section describes circumstances

where special provisions are made concerning theauthority of cities, counties or other political

subdivisions in relation to some portion of the

vehicle code This section is not the only sectionof the vehicle code that applies to such authorityand shall not be interpreted to affect the vehicle

code except as specifically provided in this section The following limits are partial or completeas described

1) No county, municipal or other local bodywith authority to adopt and administer localpolice regulations under the Constitution and

laws of this state shall enact or enforce any rule orregulation in conflict with the provisions of the

vehicle code described in this subsection except

as specifically authorized in the vehicle codeThis subsection applies to the provisions of the

vehicle code relating to abandoned vehicles, vehicle equipment, regulation of vehicle size, weight

and load, the manner of operation of vehicles and

use of roads by persons, animals and vehicles

2) Except as provided in ORS 822 230 and

this subsection, no city, county or other politicalsubdivisions shall regulate or require or issue any

registration, licenses, permits or surety bonds orcharge any fee for the regulatory or surety registration of any person required to obtain a certificate from the division under ORS 822 205 Thissubsection does not

a) Limit any authority of a city or county tolicense and collect a general and non-

discriminatory license fee levied upon all businesses or to levy a tax based upon businessconducted by any person within the city orcounty

b) Limit the authority of any city or countyto impose any requirements or conditions as partof any contract to perform towing or recoveringservices for the city or county

c) Limit the authority of any city or countyto impose requirements and conditions that

govern the towing of a vehicle by a towing business under ORS 98 812 so long as those requirements and conditions are consistent with the

provisions of ORS 822 230

3) No city, county or other political subdivision of this state, nor any state agency, may adopta regulation or ordinance that imposes a special

1215

SUPERSEDED


fee for the use of public lands or waters bysnowmobiles or Class I all - terrain vehicles, or for

the use of any access thereto that is owned by orunder the jurisdiction of either the United States,

this state or any such city, county or otherpolitical subdivision The registration fees pro-

vided by ORS 821 320 are in lieu of any personalproperty or excise tax imposed on snowmobilesand Class I all- terrain vehicles by this state or anypolitical subdivision No city, county or othermunicipality, and no state agency shall impose

any other registration or license fee on any snowmobile or Class I all- terrain vehicles in this state

This subsection does not prohibit any city, county or other political subdivision, or any state

agency from regulating the operation of snowmobiles or Class I all- terrain vehicles on publiclands, waters and other properties under its jurisdiction and on streets or highways within its

boundaries by adopting regulations or ordinancesof its governing body if such regulations are notinconsistent with ORS 821 150 to 821 290

4) The provisions of ORS 819100 to819 130, 819 150, 819 160 and 819 210 to 819 260

relating to removal of vehicles that are abandoned establish minimum requirements subject

to the following

a) Notwithstanding paragraph ( b) of thissubsection, a county or incorporated city may

supersede such provisions by ordinance or charter provision

b) Any road authority described under ORS810 010 may adopt rules or procedures that do notconflict with such provisions to provide for additional protection for the owner or person with an

interest in a vehicle subject to such provisions or

that more quickly accomplish the proceduresestablished under such provisions

5) Any incorporated city may by ordinancerequire that the driver of a vehicle involved in an

accident file with a designated city department acopy of any report required to be filed under ORS811 725 All such reports shall be for the confi-

dential use of the city department but subject tothe same requirements for release of such reports

as provided for the release of such reports by thedivision under ORS 802 220 and 802 240 [ 1983

c 338 § 8, 1985 c 16 § 7, 1985 c 171 § 2, 1985 c 459 § 2a, 1987

c 765 § 3]

801. 045 Permissive use of private

roadway. Nothing in the provisions of the vehicle code described in this section shall prevent the

owner of real property used by the public forpurposes of vehicular travel by permission of theowner and not as a matter of right from prohibit-

ing such use, or from requiring different or addi-

tional conditions than those specified or from

otherwise regulating such use as may seem best tosuch owner This section applies to the provisions

of the vehicle code relating to abandoned vehicles, vehicle equipment, regulation of vehicle size,

weight and load, the manner of operation of

vehicles and use of roads by persons, animals andvehicles 11983c338§ 91

801. 050 Privilege of motorist to use

highways. Subject to compliance with themotor vehicle law of this state, owners and oper-

ators of motor vehicles are granted the privilege

of using the highways of this state [ 1983 r 338 § lo, 1985 c 16 § 81

801. 055 Weight standards; Depart-

ment of Transportation responsibility forweight determination. ( 1) References in the

vehicle code to weights and measures refer toUnited States Standards thereof

2) For purposes of the vehicle code, theweights of vehicles, combinations of vehicles,

parts of vehicles, wheels or axles shall be deter-

mined by the use of methods, procedures anddevices established by the Department of Trans- portation by rule The rules established in accordance with this subsection may include any or allof the following

a) Methods and procedures to determine

weights when weighing devices or facilities arenot convenient

b) Standards and certification procedures

for weighing devices

c) Any other rules the department determines necessary or convenient for purposes ofthis subsection [ 1983 c 338 § ll, 1985 c 172 § 1]

DEFINITIONS

801. 100 Definitions generally. Exceptwhere the context requires otherwise, the definitions given in the vehicle code govern its con-

struction [ 1983c338§ 121

801. 105 " Administrator." " Admi-

nistrator" means the Administrator of the MotorVehicles Division [ 1983 c 338 § 131

801. 110 "Alley." "Alley" means a street orhighway primarily intended to provide access tothe rear or side of lots or buildings in urban areasand not intended for through vehicular traffic

11983 c 338 § 141

801. 115 " Ambulance." " Ambulance"

means any privately or publicly owned motor

vehicle that is regularly provided or offered to beprovided for the emergency transportation ofpersons suffering from illness, injury or disability1983 c 338 § 15]

1216

SUPERSEDED


801. 120 " Ambulatory disability." Ambulatory disability" means a disability

because of which a person

1) Is so severely physically and permanentlydisabled as to be unable to move from place toplace without the aid of a wheelchair,

2) Is not able to cross curbs because of

paralysis or loss of function of the person' s legs,

3) Is missing one or both legs, or

4) Has a permanently impaired or unsteadygait that makes it impossible or impractical to

walk as a means of transportation 11983c338§ 16]

801. 125 " Antique vehicle." " Antique

vehicle" means a motor vehicle that is older than

one -half the number of years between the current

year and 1900 and that is maintained as a collec-

tor' s item [ 1983c338§ 171

801. 130 " Assembled vehicle." " Asse-

mbled vehicle" means a vehicle

1) With a body that does not resemble anyparticular year model or make of vehicle,

2) That is not a vehicle rebuilt by a manufacturer,

3) That is not a vehicle built in a factorywhere the year model and make are assigned at

the factory, and4) That is not an antique vehicle, a vehicle of

special interest, a reconstructed vehicle or a replica [ 1983 c 338 § 18, 1985 c 402 § 3]

801. 135 " Axle." " Axle" means any structure or structures, whether in one or more segments, of any vehicle, supported by wheels and onwhich the wheels rotate, so spaced longitudinallythat the centers thereof are included between twovertical parallel transverse planes 40 inches apart

1983 c 338 § 19]

801. 140 " Balance trailer." " Balance

trailer" means every trailer, other than a self - supporting trailer, pole trailer or semitrailer, designed so that its weight and that of its load is

substantially balanced upon its axle or axles andso that it couples to the towing vehicle with adevice other than a fifth wheel hitch The defini-

tion in this section is based upon design featuresand, except as otherwise provided in this section,

does not prohibit a balance trailer from fittinginto another classification of trailer based on use11983 c 338 §20, 1985 c 16 § 9]

801. 145 " Bail." "Bail" means money or itsequivalent deposited by a defendant to secure thedefendant' s appearance for a traffic offense 11983

c 938 §211

801. 150 " Bicycle." " Bicycle" means a

vehicle that

1) Is designed to be operated on the groundon wheels,

2) Has a seat or saddle for use of the rider,

3) Is designed to travel with not more than

three wheels in contact with the ground,

4) Is propelled exclusively by human power, and

5) Has every wheel more than 14 inches indiameter or two tandem wheels either of which ismore than 14 inches in diameter 11983 c 338 § 22]

801. 155 " Bicycle lane." " Bicycle lane"

means that part of the highway, adjacent to theroadway, designated by official signs or markingsfor use by persons riding bicycles except as otherwise specifically provided by law [ 1983 c 338 §23]

801. 160 " Bicycle path." ` Bicycle path"

means a public way, not part of a highway, that isdesignated by official signs or markings for use bypersons riding bicycles except as otherwise specifically provided by law 11983 c 338 § 241

801. 165 " Bus trailer." " Bus trailer"

means any trailer designed or used for carryinghuman beings 11983 c 338 § 25]

801. 170 ` Business district." " Business

district" means the territory contiguous to a highway when 50 percent or more of the frontagethereon for a distance of 600 feet or more on oneside, or 300 feet or more on both sides, is occupied

by buildings used for business 11983 c 338 § 261

801. 175 "Canceled." " Canceled," with ref-

erence to driving privileges or vehicle registrationor title, means that the driving privileges. registration or title are declared void and terminated

and new driving privileges, registration or titlemay be obtained only as permitted by law [ 1983c 338 § 27, 1985 c 16 § l0]

801. 180 " Camper." " Camper" means astructure that

1) Has a floor,

2) Is designed to be mounted upon a motorvehicle,

3) Is not permanently attached to a motorvehicle upon which it is mounted,

4) Is designed to provide facilities for human

habitation or for camping, 5) Is six feet or more in overall length;

6) Is five and one -half feet or more in height

from floor to ceiling at any point, and7) Has no more than one axle designed to

support a portion of the weight of the camper

1983 c 338 § 281

1217

SUPERSEDED


801 185 " Certificate of title." "Certifica-

te of title" means a document issued by anyjurisdiction specifically as evidence of vehicle

ownership Oregon issues certificate of title underORS 803 045 Titles for snowmobiles and Class Iall- terrain vehicles are issued as provided under

ORS 821 060 Titles for mobile homes are issuedas provided under ORS 820 500 [ 1983 c 338 § 29, 1985c16§ 11, 1987 c 217¢ 1]

801. 190 " Class I all- terrain vehicle." Class I all- terrain vehicle" means a motorized,

off - highway recreational vehicle 50 inches or lessin width with a dry weight of 600 pounds or lessthat travels on three or more low pressure tires

and has a saddle for the operator 11985 c 459 § 21801. 193 " Class 11 all- terrain vehicle."

Class II all- terrain vehicle" means any motorvehicle that

1) Weighs more than a Class I all- terrain

vehicle and less than 8, 000 pounds,

2) Is designed for or capable of cross - countrytravel on or immediately over land, water, sand, snow, ice, marsh, swampland or other natural

terrain, and

3) is actually being operated off a highway1987 c, 587 § 21

801. 195 " Combination of vehicles." Combination of vehicles" means two or more

vehicles coupled together [ 1983 c 338 § 31 l

801. 200 "Commercial bus." " Commercial

bus" means every motor vehicle designed or usedfor carrying passengers and their personal baggage and express for compensation, except

1) Taxicabs that

a) Are passenger vehicles with a passenger

seating capacity that does not exceed five,

b) Carry passengers for hire where destination and route traveled may be controlled by apassenger and the fare is calculated on the basis

of any combination of an initial fee, distancetraveled or waiting time,

c) Are operated under a current license or

permit issued by a city, county or other unit oflocal government where a permit or license isrequired for the operation of a taxicab, and

d) Transport persons or property, or both, between points in Oregon

2) Vehicles commonly known and used asprivate passenger vehicles and not operated forcompensation except in the transportation of

students to or from school [ 1983 c 338 § 32, 1985 c 16

121

801205 " Commercial bus trailer."

Commercial bus trailer" means a bus trailer

1) That is designed or used for carryingpassengers and their personal baggage for compensation

2) Other than a vehicle commonly knownand used as a private passenger vehicle not oper-

ated for compensation except in the transportation of students to or from school 11983 c 338 § 331985 c 16 § 13]

801. 210 " Commercial vehicle."

Commercial vehicle" means a vehicle that

1) Is used for the transportation of persons

for compensation or profit, or

2) Is designed or used primarily for thetransportation of property [ 1983 c 338 § 341

801. 215 " Commission." " Commission"

means the Oregon Transportation Commission

1983 c 338 § 351

801. 220 "Crosswalk." " Crosswalk" means

any portion of a roadway at an intersection or

elsewhere that is distinctly indicated for pedestrian crossing by lines or other markings on thesurface of the roadway that conform in design tothe standards established for crosswalks underORS 810 200 Whenever marked crosswalks havebeen indicated, such crosswalks and no other

shall be deemed lawful across such roadway atthat intersection Where no marked crosswalk

exists, a crosswalk is that portion of the roadwaydescribed in the following

1) Where sidewalks, shoulders or a combination thereof exists, a crosswalk is the portion of a

roadway at an intersection, not more than 20 feetin width as measured from the prolongation of

the lateral line of the roadway toward the prolongation of the adjacent property line, that isincluded within

a) The connections of the lateral lines of thesidewalks, shoulders or a combination thereof on

opposite sides of the street or highway measuredfrom the curbs or, in the absence of curbs, from

the edges of the traveled roadway, orb) The prolongation of the lateral lines of a

sidewalk, shoulder or both, to the sidewalk or

shoulder on the opposite side of the street, if the

prolongation would meet such sidewalk or shoul-

der

2) If there is neither sidewalk nor shoulder, a

crosswalk is the portion of the roadway at anintersection, measuring not less than six feet inwidth, that would be included within the prolongation of the lateral lines of the sidewalk,

shoulder or both on the opposite side of the street

or highway if there were a sidewalk [ 1983c338§ 36] 801. 225 " Department." " Department"

means the Department of Transportation 11983

c 338 § 371

1218

SUPERSEDED


801. 230 " Director." " Director" means

Director of Transportation [ 1983 c 338 § 381

801. 235 " Disabled person." " Disabled

person" means a person who temporarily or per-

manently is affected by any of the followingdisabilities

1) An ambulatory disability, 2) Loss or loss of function of one or both legs

or significant limitation in the use of the legs,

3) Inability to be mobile without the use of awheelchair or other assistance device,

4) Loss or loss of function of both hands,

5) Loss of vision or substantial loss of visual

acuity or visual field beyond correction,

6) Respiratory disability that makes use ofwalking as a means of transportation impossibleor impractical,

7) Cardiovascular disability that makes useof walking as a means of transportation impossible or impractical, or

8) Any other disability determined by thedivision by rule to qualify the person for a disabled person parking permit under ORS 811 635In determining disabilities that make a personeligible for a disabled person parking permit, thedivision shall take into consideration the extent

to which the disability makes walking as a meansof transportation impossible or impractical for aperson who is affected by the disability [ 1983 c 338

39, 1985 c 139 U. 1987 c 296 § 11

801. 240 " Division." "Division" means the

Motor Vehicles Division of the Department ofTransportation [ 1983c338§ 40]

801. 245 " Driver license." " Driver

license" or " license" may have any or all of themeanings provided for the terms under this section as required or appropriate under the section

referring to the term The term ' driver license" may be used interchangeably with " license" andeither term may be used in any or all of thefollowing ways

1) It may refer to a document issued by thisstate or any other jurisdiction as evidence of a

grant of driving privileges

2) It may refer to general driving privilegesgranted by this state or another jurisdiction [ 1983c 338 § 54, 1985 c 182 § 1, 1985 c 608 § 21

801. 250 " Driver permit." " Driver per-

mit" means a grant of driving privileges by thisstate or another jurisdiction that is more limitedthan those available under a license or that is onlyavailable under special or limited circumstances.

The term may also refer to a document issued as

evidence of a grant of driving privileges under adriver permit Driver penults issued by this stateinclude the following

1) Applicant temporary driver permitdescribed under ORS 807 310

2) Court issued temporary driver permitdescribed under ORS 807 320.

3) Disability golf cart driver permitdescribed under ORS 807 210

4) Emergency driver permit described underORS 807 220

5) Instruction driver permit described underORS 807 280

6) Hardship driver permit described underORS 807 240

7) Probationary driver permit describedunder ORS 807 270

8) Special student driver permit describedunder ORS 807 230

9) Special temporary instruction driver permit described under ORS 807 290

10) Court bail driver permit described underORS 807 330

11) Temporary driver permit describedunder ORS 813 110 [ 1983 c 338 § 41, 1985 c 16 § 14, 1985

c 608 § 1, 1987 c 801 § 1l

801. 255 " Driving privilege." " Drivingprivilege" means the grant of authority by ajurisdiction to a person that allows that person todrive a vehicle on highways within that junsdic-

tion Driving privileges grant authority to a person not to a vehicle The driving privilegeincludes any such grant of authority whether ornot documents are issued as evidence of the

authority In this state, driving privileges may begranted under

1) A license as defined under ORS 801 245

2) Driver permits as described in ORS801 250

3) The driving privileges established underORS 807 020

4) Any indorsement of a license or driverpermit or limitations on a license or driver permitthat allows a person to operate a motor vehicle

1983 c 338 §42]

801. 260 " Emergency vehicle."

Emergency vehicle" means a vehicle that isequipped with lights and sirens as required underORS 820 350 and 820 370 and that is any of thefollowing-

1) Operated by public police, fire or airportsecurity agencies

1219

SUPERSEDED


2) Designated as an emergency vehicle by a ( c) A tow vehicle, including a tow vehiclefederal agency with cranes, hoists or dollies

3) Designated as an emergency vehicle inwriting by the Administrator of the Motor Vehi- cles Division [ 1983c338§ 43]

801. 265 " Farm tractor." " Farm tractor"

means a motor vehicle designed and used pn-

manly in agricultural operations for drawing oroperating other farm machines, equipment andimplements of husbandry [ 1983 c 338 4441

801. 270 " Farm trailer." " Farm trailer"

means a vehicle that

1) Is without motive power,

2) Is a vehicle other than an implement of

husbandry,

3) Is designed to carry property, and

4) Is drawn by a farm tractor [ 1983 c 338 § 451

801. 275 " Fifth wheel hitch." " Fifth

wheel hitch" means a coupling device for vehiclesthat is commonly known as a kingpin and fifthwheel assembly [ 1983 c 338 § 461

801. 280 " Financial responsibility

requirements." " Financial responsibilityrequirements" means the ability to respond indamages for liability, on account of accidentsarising out of the ownership, operation, maintenance or use of a motor vehicle in a manner

provided under ORS 806 060 [ 1983 c 338 § 74, 1985

c 16 § 201

801. 285 " Fixed load vehicle." " Fixed

load vehicle" means all of the following apply tothe vehicle

1) It is a vehicle with or without motive

power that is designed and used primarilya) To support and move a permanent load in

the form of equipment or appliances constructed

as part of or permanently attached to the body ofthe vehicle,

b) For transportation of equipment or

appliances that are ordinarily kept on or in thevehicle in order that the vehicle may be used forits primary purpose, and

c) Except for the transportation of permanent load, appliances and equipment described inparagraphs ( a) and ( b) of this subsection, for

purposes other than for the transportation of

persons or property over public highways orstreets

2) It is a vehicle other than the following

a) A mobile home

b) A travel trailer

d) A truck - mounted transit mixer

e) A self - propelled mobile crane

3) It is a vehicle that may include, but is notlimited to, the following vehicles

a) Air compressors, air drills, asphalt plants, asphalt spreaders, bituminous plants, bituminousmixers, bituminous spreaders and bucket loaders,

b) Cement batch plants, cement mixersother than transit mix, cement spreaders, car-

ryalls, crawler cranes, crushers and crushingplants, diggers and ditchers, power units and

plants,

c) Earthmoving scrapers, electnc generatingequipment, electric load -bank and wiring equipment, front -end loaders, leveling graders, lightingplants and portable wiring, motor graders,

payloaders, power hoists, road graders, scoop - mobiles, skip hoists, stackers and hoists,

d) Athey wheels, back hoes, bituminous andcement pavement finishers, drag lines, fork lifttrucks, log loaders, mixmobiles, portable bins, portable parts and storage bins, portable shops, portable storage tanks, power shovels, road roll-

ers, sheepsfoot rollers and paving mixers, tower - mobiles, welders, yarders,

e) Bituminous and cement finishingmachines, elevator equipment, scarifiers and

rooters, traction engines, vibro screens and rotaryscreens, wheeled and crawler tractors other than

truck tractors, and

f) Apron feeders, grain grinders, grain roll-

ers, sand classifiers and drags, sawmills and spe-

cial construction equipment, scrap metal bailers, scrubber screens, plate feeders 11983 c 338 §47, 1985

c 71 § 11

801. 290 " Future responsibility filing." Future responsibility filing" means the require-

ment described under ORS 806 240 to file and

maintain proof of compliance with financial

responsibility requirements with the division1983 c 338 § 481

801. 295 " Golf cart." "Golf cart" means a

motor vehicle that

1) Has not less than three wheels in contactwith the ground,

2) Has an unloaded weight less than 1, 300pounds,

3) Is designed to be and is operated at notmore than 15 miles per hour, and

4) Is designed to carry golf equipment andnot more than two persons, including the driver1983 c 338 § 491

1220

SUPERSEDED


801. 300 " Group of axles." " Group ofaxles" means an assemblage of two or more con-

secutive axles considered together in determiningtheir combined load effect on a bridge or pavement structure 11983 c 338 § 50, 1985 c 172 § 2]

801. 305 " Highway." " Highway" meansevery public way, road, street, thoroughfare andplace, including bridges, viaducts and other structures within the boundaries of this state, open, used or intended for use of the general public forvehicles or vehicular traffic as a matter of right

1983 c 338 § 511

801. 310 " Implement of husbandry." Implement of husbandry" means a vehicle or

device used exclusively in agricultural operationsTruck trailers with a registration weight of more

than 8,000 pounds, motor vehicles, bus trailers,

mobile homes and travel trailers are not imple-

ments of husbandry unless limited by design toagricultural uses 11983 c338 § 52, 1985 c 16 § 15, 1987

C 119 § 1]

801. 315 " Indorsement." " Indorsement,"

when used in relation to driving privileges, meansa grant of driving privileges, or the evidencethereof, to a person who holds a license, or in

some instances a driver permit, allowing theperson to exercise driving privileges that are notgranted by the license or driver permit The typesof indorsements granted by this state and thedriving privileges granted under each type ofindorsement are established by ORS 807 0301198.5 c 608 § 3]

801. 320 " Intersection." " Intersection"

means the area of a roadway created when two ormore roadways loin together at any angle, asdescribed in one of the following

1) If the roadways have curbs, the intersection is the area embraced within the prolongationor connection of the lateral curb lines

2) If the roadways do not have curbs, theintersection is the area embraced within the

prolongation or connection of the lateral bound-

ary lines of the roadways3) The ,]unction of an alley with a roadway

does not constitute an intersection

4) Where a highway includes two roadways30 feet or more apart, then every crossing of eachroadway of the divided highway by an intersection highway is a separate intersection In theevent the intersection highway also includes tworoadways 30 feet or more apart, then every cross-

ing of two roadways of such highways is a separate intersection [ 1983 c 338 § 531

801. 325 " Limited visibility condition." Limited visibility condition" means

1) Any time from sunset to sunrise, and2) Any other time when, due to insufficient

light or unfavorable atmospheric conditions, per-

sons and vehicles are not clearly discernible on astraight, level, unlighted highway at a distance of1, 000 feet ahead [ 1983 c 338 § 55, 1987 c 158 § 1591

801. 330 " Loaded weight." " Loaded

weight" means the actual weight of a vehicle,

combination of vehicles, wheel, axle, tandem

axles, or group of axles including the weight ofany load thereon [ 1983 c 338 § 561

801. 335 " Manufacturer." " Manufactu-

rer" means any person engaged in the manufacture of new vehicles as a regular business 11983

c 338 § 571

801. 340 " Mobile home." " Mobile home"

means a structure designed to be transported orused upon the highways or a trailer that

1) Is capable of being used for human habitation or for business, commercial or office purposes, and

2) Is a structure or trailer other than a

a) Travel trailer,

b) Special use trailer,

c) Modular home,

d) Prefabricated home; or

e) Tent trailer 11983 c 338 § 58, 1985 c 16 § 16)

801. 345 " Moped." " Moped" means a vehi-

cle, including any bicycle equipped with a powersource, that complies with all of the following

1) It is designed to be operated on the groundupon wheels

2) It has a seat or saddle for use of the rider

3) It is designed to travel with not more than

three wheels in contact with the ground

4) It is equipped with an independent power

source that

a) Is capable of propelling the vehicle, unas- sisted, at a speed of not more than 30 miles perhour on a level road surface, and

b) If the power source is a combustionengine, has a piston or rotor displacement of 3 05cubic inches or less or 50 cubic centimeters or lessregardless of the number of chambers in the

power source

5) It is equipped with a power drive system

that functions directly or automatically only anddoes not require clutching or shifting by theoperator after the system is engaged [ 1983c338§ 59,

1985 c 16 § 19]

801. 350 " Motor home." " Motor home"

means a motor vehicle that

1221

SUPERSEDED


1) Is reconstructed, permanently altered ororiginally designed to provide facilities for humanhabitation, or

2) Has a structure permanently attached toit that would be a camper if the structure was not

permanently attached to the motor vehicle [ 1983c 338 §601

801. 355 " Motor truck." " Motor truck"

means a motor vehicle that is primarily designedor used for carrying loads other than passengers1983 c 338 §611

801. 360 "Motor vehicle. "' Motor vehicle"

means a vehicle that is self - propelled or designedfor self - propulsion [ 1983 c 338 § 621

801. 365 " Motorcycle." " Motorcycle"

means any self - propelled vehicle other than amoped or farm tractor that

1) Has a seat or saddle for use of the rider

2) Is designed to be operated on the groundupon wheels, and

3) Is designed to travel with not more thanthree wheels in contact with the ground [ 1983 c 336

631

801. 370 " Operation." " Operation" means

any operation, towing, pushing, movement orotherwise propelling 11983 c 338 § 661

801. 375 "Owner." "Owner" when referringto the owner of a vehicle means

1) The person who holds the certificate of

title and the registration for a vehicle and who isentitled to possession and use of the vehicle, or

2) If the certificate of title, registration andright to possession and use for a vehicle are in

different persons, the person, other than a

security interest holder or lessor, entitled to thepossession and use of the vehicle under a securityagreement or a lease that has a term of 10 or more

successive days ( 1983c338§ 671

801. 380 " Park" or " parking." "Park" or

parking" means the standing of a vehicle, whether occupied or not, otherwise than tem-

porarily for the purpose of and while actuallyengaged in loading or unloading property or passengers [ 1983 c 338 § 68]

801. 385 " Pedestrian." " Pedestrian"

means any person afoot or confined in a wheel-

chair 11983c338§ 691

801. 390 " Pole trailer." " Pole trailer"

means a trailer attached or secured to the towingvehicle and ordinarily used for transporting longor irregular loads capable generally of sustainingthemselves as beams between the towing vehicleand the trailer The definition in this section is

based on design features and, except as otherwiseprovided in this section, does not prohibit a pole

trailer from fitting into another category of trailerbased on use f198 c 338 § 701

801. 395 " Police officer." "Police officer" includes a member of the Oregon State Police, a

sheriff, a deputy sheriff or a city police officer1983 c 338 §711

801. 400 " Premises open to the public."

Premises open to the public" includes any premises open to the general public for the use of

motor vehicles, whether the premises are publiclyor privately owned and whether or not a fee ischarged for the use of the premises [ 1983 c 338 §72]

801. 405 " Reconstructed vehicle."

Reconstructed vehicle" means either

1) A vehicle that

a) Has a body that resembles and primanlyis a particular year model or make of vehicle,

b) Is not a vehicle rebuilt by a manufacturer,

c) Is not a vehicle built in a factory where theyear model and make are assigned at the factory, and

d) Is not a replica, or

2) A motor truck that has been rebuilt usinga component kit if the manufacturer of the kit

assigns a vehicle identification number and pro-

vides a manufacturer's certificate of origin for the

kit 11983 c 338 § 75, 1985 c 402 § 41

801. 410 " Registration" or " register." Registration" or " register" means, when used in

reference to vehicles, the recording of a vehicle asauthorized for use within a jurisdiction and

includes any documentation or devices issued asevidence of that authorization This state regis-

ters vehicles as provided under ORS 803 350 [ 1983

c 338 § 761

801. 415 " Registration plate."

Registration plate" means a plate issued by ajurisdiction as evidence of vehicle registration

This state issues registration plates under ORS803 520 [ 1983 c 338 § 78, 1985 c 16 § 221

801. 420 " Registration weight."

Registration weight" means the loaded weightrequired to be declared and established as the

maximum loaded weight at which certain vehi-

cles will be operated on the highway Vehicles forwhich registration weights must be declared and

established and the procedures for establishingregistration weights are described under ORS

803 430 [ 1983 c 338 § 77, 1985 c 16 § 211

801. 425 " Replica." " Replica," when used

to refer to vehicles, means a vehicle with a body

1222

SUPERSEDED


built to resemble and be a reproduction ofanother vehicle of a given year and given manu-

facturer [ 1985c402§ 21801. 430 " Residence district." " Reside-

nce district" means the territory contiguous to ahighway not comprising a business district whenthe frontage on one or both sides of the highwayfor a distance of 300 feet or more is mainlyoccupied by

1) Dwellings, churches, public parks within

cities or other residential service facilities, or

2) Dwellings and buildings used for business

1983 c 338 § 791

801. 435 " Revoked." " Revoked" with ref-

erence to driving privileges, vehicle registrationor vehicle title means the termination thereof

with new driving privileges or vehicle registrationor vehicle title obtainable only as permitted bylaw [ 1983c338§ 801

801. 440 " Right of way." " Right of way" means the right of one vehicle or pedestrian to

proceed in a lawful manner in preference to

another vehicle or pedestrian approaching undersuch circumstances of direction, speed and prox-

imity as to give rise to danger of collision unlessone grants precedence to the other 11983 c 338 §811

501.445 " Road authority." " Road

authority" means the body authonzed to exerciseauthority over a road, highway, street or alleyunder ORS 810 010 [ 1983 c 338 § 821

801. 450 " Roadway." " Roadway" meansthe portion of a highway that is improved, designed or ordinarily used for vehicular travel, exclusive of the shoulder In the event a highwayincludes two or more separate roadways the term

roadway" shall refer to any such roadway separately, but not to all such roadways collectively11983 c 338 § 83)

801. 453 " Rural interstate highway." Rural interstate highway" means an interstate

highway outside an urbanized area of 50,000 ormore population [ 1987 c 887 § 2]

801. 455 " School activity vehicle." School activity vehicle" means a vehicle, other

than a school bus, that is used to transportstudents to or from authorized school activities

and that is not described by any of the following

1) A vehicle under regulation of the Public

Utility Commission of Oregon, the United StatesDepartment of Transportation or the Interstate

Commerce Commission

2) A vehicle, commonly known as a privatepassenger car or private passenger van, that is

used by the owner of the vehicle or a relative of

the owner of the vehicle for personal transportation of students to or from school activities and is

not used for compensation except for the sharingof expenses in a ridesharing arrangement or reimbursement of mileage

3) A vehicle that is exempted from regula-

tion as a school activity vehicle under ORS820 150 [ 1985 c 420 §31

801. 460 " School bus." " School bus"

means a motor vehicle that is described by any ofthe following

1) A vehicle that is marked with or displaysthe words " school bus "

2) A vehicle that is used to transport stu-

dents to or from school and may be used totransport students to or from authorized schoolactivities or functions and that is not a vehicle

described by any of the followinga) A vehicle subject to regulation under ORS

chapter 767

b) A vehicle regulated by a city under ORS221 420

c) A vehicle, commonly known as a privatepassenger car or private passenger van, that is

used by the owner of the vehicle or a relative ofthe owner of the vehicle for personal transporta-

tion of students to or from school or schoolactivities and is not used for compensation except

for the sharing of expenses in a ridesharingarrangement or reimbursement of mileage

d) A vehicle that is exempted from regulation as a school bus under ORS 820 150 [ 1983 c 338

84, 1985 c 16 § 23, 1985 c 420 § 11

801. 465 " Security interest." " Securityinterest" means an interest in a vehicle reserved

or created by agreement and which secures payment or performance of an obligation as more

particularly defined by ORS 712010 ( 37) 11983c 338 § 85, 1985 c 16 § 241

801. 470 " Self- supporting trailer." Self - supporting trailer" means a trailer, other

than a pole trailer, designed so that no part of the

weight of the trailer or the weight of any load onthe trailer rests upon the towing vehicle Thedefinition in this section is based on design and, except as otherwise provided in this section, does

not prohibit a self - supporting trailer from fittinginto another category of trailer based on use [ 1983c 338 § 861

801. 475 " Semitrailer." " Semitrailer"

means a trailer designed so that part of the weightof the trailer and part of the weight of any load onthe trailer rests upon or is carried by anothervehicle and coupled to another vehicle by a fifth

1223

SUPERSEDED


wheel hitch The definition in this section is

based on design and, except as otherwise providedin this section, does not prohibit a semitrailer

from fitting into another category of trailer basedonuse [ 1983c378 §87]

801. 480 " Shoulder" " Shoulder" means

the portion of a highway, whether paved orunpaved, contiguous to the roadway that is primarily for use by pedestrians, for the accommodation of stopped vehicles, for emergency useand for lateral support of base and surfacecourses 11983c338§ 88]

801. 485 " Sidewalk." " Sidewalk" means

the area determined as follows

1) On the side of a highway which has ashoulder, a sidewalk is that portion of the high-

way between the outside lateral line of the shoulder and the adjacent property line capable ofbeing used by a pedestrian

2) On the side of a highway which has noshoulder, a sidewalk is that portion of the high-

way between the lateral line of the roadway andthe adjacent property line capable of being usedby a pedestrian 1983 c338 §89]

801. 490 " Snowmobile." " Snowmobile"

means a self - propelled vehicle that

1) Is capable of traveling over snow or ice,

2) Uses as its means of propulsion an endless

belt tread or cleats or any combination of treadand cleats or similar means of contact with the

surface upon which it is operated,

3) Is steered wholly or in part by skis or sled - type runners, and

4) Is not registered in this state as a vehicle

other than a snowmobile [ 1983 c 338 § 901

801. 500 " Special use trailer." " Special

use trailer" means a trailer described under any ofthe following

1) A trailer that is eight feet or less in width

and of any length and that is used for commercialor business purposes

2) A trailer that is used temporarily on aconstruction site for office purposes only [ 1985c] 6

261

801. 505 " Stand" or " standing." " Stand"

or " standing" means the halting of a vehicle, whether occupied or not, otherwise than tem-

porarily for the purpose of and while actuallyengaged in receiving or discharging passengers1983c338§ 911

801. 510 " Stop." " Stop" means the following

1) When required, it means the completecessation from movement

2) When prohibited, it means any haltingeven momentarily of a vehicle, whether occupied

or not, except when necessary to avoid conflictwith other traffic, or in compliance with the

directions of a police officer or traffic controldevice [ 1983 c 338 $ 921

801. 515 " Suspend." " Suspend," with ref-

erence to driving privileges or vehicle registration, means the temporary withdrawal of thedriving privileges or registration [ 1983 c 338 §931

801. 520 " Tandem axles." " Tandem

axles" means any two or more consecutive axlesthat have centers more than 40 inches but notmore than 96 inches apart and

1) Are individually attached to or articulatedfrom, or both, a common attachment to thevehicle, or

2) Have a connecting mechanism designedto equalize the load between axles [ 1983 c 338 § 94,

1985 c 172 § 31

801. 525 " Tire." "Tire" means the band of

material used on the circumference of a wheel, on

the outer face of a track or on a runner of a sled,

which forms the tread that comes in contact withthe surface of the road If no band is used it means

the tread or runner of a sled [ 1983 c 338 §961

801. 530 " Tow vehicle." " Tow vehicle"

means a motor vehicle that is

1) Altered or designed for, equipped for and

used in the business of towing vehicles, and

2) Used to tow vehicles by means of a crane, hoist, tow bar, tow line or dolly or otherwise usedto render assistance to other vehicles [ 1983 c338

997 1985 c 71 § 21

801 535 " Throughway." " Throughway" means every highway, street or roadway inrespect to which owners or occupants of abuttinglands and other persons have no legal right of

access to or from the same except at such points

only and in such manner as may be determined bythe road authority having ,jurisdiction over thehighway, street or roadway 11983 c 338 § 981

801. 540 " Traffic control device."

Traffic control device" means any sign, signal, marking or device placed or erected by authorityunder ORS 810 210 for the purpose of guiding, directing, warning or regulating traffic [ 1983 c 338

991

801. 545 " Traffic crime." " Traffic crime"

means any traffic offense that is punishable by aJail sentence 11983 c 338 § 1001

1224

SUPERSEDED


801. 550 " Traffic infraction." " Traffic

infraction" means a traffic offense described inORS 153 505 and 153 610 Penalties for trafficinfractions are provided in ORS 153 615 and153 620 ( 1983 c 338 § 1021

801. 555 " Traffic offense." " Traffic

offense" means any of the following offenses

1) Any violation of a traffic ordinance of acity, municipal or quasi - municipal corporation, except ordinances governing parking of vehicles

2) Any provision of law for which a criminalor traffic infraction penalty is provided in thevehicle code

3) Any provision of law for which a criminalor traffic infraction penalty is provided in ORSchapter 767 ( 1983 c 338 § 101, 1985 c 16 § 27]

801. 560 " Trailer." "Trailer" means every

vehicle without motive power designed to bedrawn by another vehicle Trader includes, but isnot limited to, the following types of trailers

1) Balance trailers

2) Bus trailers

3) Commercial bus trailers

4) Farm trailers

5) Mobile homes

6) Pole trailers

7) Semitrailers

8) Travel trailers

9) Truck trailers

10) Self- supporting trailers

11) Special use trailers 11983 c338 § 103, 1985

c 16 § 28]

801. 565 "Travel trailer." "Travel trailer"

means a tent trailer or any other trailer that

1) Is of a type designed to be used on thehighways,

2) Is capable of use for human habitation,

3) Is not more than eight feet wide, asmeasured when any expansion sides or " tipouts" are in the usual travel position,

4) Is six feet or more in height from floor to

ceiling, as measured with any expansion sides ortipouts" fully extended and the trailer fully tele-

scoped to the full extent, and

5) Except for a tent trailer, has four permanent walls when in the usual travel position [ 1983

C 338 § 1 041

801. 570 " Trolley." " Trolley" means anyvehicle propelled by electric energy obtained from

overhead trolley wires and transmitted throughtrolley poles [ 1983c338§ 1051

801. 575 "Truck tractor." "Truck tractor" means a motor vehicle designed and used primarily for drawing other vehicles and constructedso as not to carry any load other than a part of theweight of the vehicle or load, or both, as drawn11984 c 338 § 1061

801. 580 " Truck trailer." "Truck trailer"

means any trailer designed and used primarily forcarrying loads other than passengers whetherdesigned as a balance trailer, pole trailer, semi-

trailer or self - supporting trailer [ 1983 c 348 § 107]

801. 585 " Unloaded weight." " Unloaded

weight" means the weight of a vehicle when the

vehicle is fully equipped exclusive of load [ 1983c 338 § 108, 1985 c 172 § 41

801. 590 " Vehicle." " Vehicle" means any

device in, upon or by which any person or property is or may be transported or drawn upon apublic highway and includes vehicles that arepropelled or powered by any means [ 1983c: 33891091

801. 595 " Vehicle code." " Vehicle code"

means the Oregon Vehicle Code 11983 c 338 § 1101801. 600 " Vehicle identification

number." " Vehicle identification number"

means a distinguishing number assigned andaffixed to a vehicle or vehicle component, such as

an engine or transmission or other severable

portion of a vehicle, by the manufacturer or underORS 819 400 for the purpose of providing identification for the vehicle or vehicle component

11983 c 338 § 1111

801. 605 " Vehicle of special interest." Vehicle of special interest" means any American

or foreign made motor vehicle that is maintained

as a collector's item and that complies with all of

the following1) The vehicle must be

a) At least 25 years old as dated from anycurrent year, or

b) Sanctioned as a vehicle of special interest

by an established organization that provides forrecognition of vehicles of special interest

2) If the vehicle is a reconstructed vehicle, the division must determine that the vehicle hasbeen reconstructed with substantially originalparts and that the vehicle otherwise complies

with this section j198 c 338 § 112, 1985 c 16 § 291

801. 610 " Worker transport bus." Worker transport bus" means a vehicle that is

described under ORS 820 010 that has a seatingcapacity of 12 or more passengers (1983 c. 138 § 1131

1225

SUPERSEDED

OREGON VEHICLE CODE

1226

SUPERSEDED

Chapter 802


Administrative Provisions

Financial Administration)

802 100 Division accounts, uses

802 110 Procedures for financial administration; receipt and disposition of moneys, refunds,

payments, limitations

802 120 Snowmobile fuel tax moneys, amount, disposition

802 130 All- Terrain Vehicle Account, sources

802 140 All- Terrain Vehicle Account, use of moneys

802 150 Motor Vehicle Records Account, uses

802 160 Use of revocation and suspension reinstatement fees

802 170 Uncollectable check procedures

802 180 Fees for uncollectable check

Records)

802 200 Required records

802 210 Records of notices of approaching expira-

MOTOR VEHICLES DIVISION

802 220

General Provisions)

802 010 Motor Vehicles Division, administrator,

802 230

organization, deputy administrator,

802 240

rulemaking authority, duties802 020 Administrative facilities for enforcement

802 330of motor vehicle laws

802 030 Designation of agents for vehicle titling,

802 340registration and issuance of certain permits

802 040 Forms

802 050 Publications, fees

802 060 Acceptance of grants and other moneys for

802 360traffic safety programs, contracts

802 070 Division to assist schools in promoting

802 370highway safety

802 080 Program for prevention of vandalism and

802 380prevention and cleanup of litter

802 090 Availability of elector registration cards at

ment

division offices


802 100 Division accounts, uses

802 110 Procedures for financial administration; receipt and disposition of moneys, refunds,

payments, limitations

802 120 Snowmobile fuel tax moneys, amount, disposition

802 130 All- Terrain Vehicle Account, sources

802 140 All- Terrain Vehicle Account, use of moneys

802 150 Motor Vehicle Records Account, uses

802 160 Use of revocation and suspension reinstatement fees

802 170 Uncollectable check procedures

802 180 Fees for uncollectable check

Records)

802 200 Required records

802 210 Records of notices of approaching expira-

802 310 Traffic Safety Commission duties and pro-

tion of registration or license not required

802 220 Availability of division records, fees

Authority for reciprocal registration

authorized

802 230 Fees for records

802 240 Division records as evidence

802 250 Records containing residence address of

802 330

police officer

802 260 Driver license and identification card

802 340

records, contents, copies to counties, fees

COMMISSIONS, COMMITTEES AND BOARDS

802 300 Traffic Safety Commission, members, com-

Authority for reciprocal agreements con-

pensation, expenses, executive secretary,

802 360

staff

802 310 Traffic Safety Commission duties and pro-

RECIPROCAL AGREEMENTS AND INTERSTATE

grams

802 320 Traffic Safety Commission motorcycle

Authority for reciprocal registration

safety program, contents, fees, admin-

agreements, permitted provisions, require-

istrator, contracts

802 325 Traffic Safety Commission bicycle safety

Authority for proportional registration

program, contents, fees

802 330 Governor' s authority to incur expenses for

ments, limitations

Traffic Safety Commission programs

802 340 Traffic Safety Commission Account, uses,

or exemptions to vehicles registered in

Motorcycle Safety Subaccount

802 350 Winter Recreation Advisory Committee,

Authority for reciprocal agreements con-

members, meetings

802 360 All- Terrain Vehicle Account Allocation

sions, fees, limitations, rules; report

Committee, members, duties, staff

802 370 Advisory committee on vehicle dealer reg-

Administrative provisions relating to

ulation, members, compensation

802 380 State Speed Control Board, members, com-

Multistate Highway Transportation Agree-

pensation and expenses, rulemakmg

ment

authority

802 390 Expenses of State Speed Control Board;

islative representative under Multistate

cost of certain engineering investigations

802 400 Highway Safety Trust Account

802 410 Governor' s authority to apply for andreceive federal highway safety programgrants and other funds, local governmentprogram participation

802 420 City and county highway safety programparticipation authorized

RECIPROCAL AGREEMENTS AND INTERSTATECOMPACTS

802 500 Authority for reciprocal registrationagreements, permitted provisions, require-

ments, limitations

802 510 Authority for proportional registrationagreements, permitted provisions, require-

ments, limitations

802 520 Authority to grant registration privilegesor exemptions to vehicles registered in

other jurisdictions, declaration, limitations

802 530 Authority for reciprocal agreements concerning traffic offenses, permitted provi-

sions, fees, limitations, rules; report

802 540 Driver License Compact

802 550 Administrative provisions relating tolicense compact

802 560 Multistate Highway Transportation Agree- ment

802 570 Compensation and reimbursement for legislative representative under Multistate

Highway Transportation agreement

CROSSREFERENCES

Accident reports, 811 720

1227

SUPERSEDED

OREGON VEHICLE CODE

National safety standards for motor vehicle equipment, adoption 815 030

Rules of state agencies, 183 310 to 189 330

State agencies, general provisions, Ch 182

State police to enforce motor vehicle laws 181 040

Traffic infraction procedures, classification, fines, 153 500 to153 635

Traffic patrols, cooperation with schools, 336 450 to 336 480

Travel and other expenses of state officers and employes292 210 to 292 288

802 010

School bus registration, 820 130

Winter recreation parking permits, 810 170, 811 595

Worker transport vehicles, safety code, 820 010 to 820 070

802 020

Leasing and rental of office space, including joint leases276 385 to 276 440

802 080

Suspension and criminal penalties for littering, 164 775 to164 805

802 100

Agenc} service unit, establishment, 283 120

802 110

Appropriations from State Highway Fund distributed toCities, 366 524, 366 800

Counties 366 524, 366 525

Grade Crossing Protection Account established in StateHighway Fund from registration and licensing fees, 763, 430

Motor Vehicle Accident Fund, 445 030

802 200

Employment dr ving record not to be considered by casualtyinsurer, 746 260

Major traffic offense defined, 153 500

Odometer requirements and offenses, 815 400 to 815 430

Replica defined, 801 425

802 220, 802 240

Accident reports filed with city, 801 040

802 500

Optional titling of vehicles not required to be titled, 803 033

802 530

Refusal to issue or renew license pursuant to 802 530, 809 340

Suspension or rei ovation of driving privileges of nonresident, 809 490

1228

SUPERSEDED

ADMINISTRATIVE PROVISIONS 802.020

MOTOR VEHICLES DIVISION

General Provisions)

802.010 Motor Vehicles Division; administrator; organization; deputyadministrator; rulemaking authority;

duties. ( 1) The Motor Vehicles Division is adivision within the Department of Transporta- tion and is subject to ORS 184 615 and to thegeneral supervision of the commission and director as provided in ORS 184 610 to 184 647 Thedivision shall perform all of the duties, functionsand powers with respect to the following

a) The administration of the laws relating tothe motor vehicle fuel license tax, aircraft fuellicense tax and use fuel license tax including ORSchapter 319

b) The administration of the laws relating tomotor vehicle registration and titling and theissuance of certificates to vehicle dealers and

vehicle wreckers including but not limited to theadministration of the vehicle code

c) The administration of the laws relating todriving privileges granted under licenses and permits and under the vehicle code

d) The administration of the laws relating tooperation of vehicles on highways and of vehicle

size, weight and use limits under the vehicle code

e) The administration of ORS 820 130 and820 140

f) The administration of the provisions

relating to proof of financial responsibility andfuture responsibility filings

2) The division is under the supervision andcontrol of an administrator who is responsible forthe performance of the duties imposed upon thedivision The office of the administrator is sub-

ject to the following

a) Before entering upon the duties of theoffice, the person appointed as administrator

shall give to the state a fidelity bond with one ormore corporate sureties authorized to do businessin this state in the penal sum fixed by thedirector The premium for the bond shall be paid

by the divisionb) The administrator shall receive such sal-

ary as may be provided by law or, if not soprovided, as may be fixed by the director

c) In addition to a salary, the administrator, subject to the limitations otherwise provided bylaw, shall be reimbursed for all expenses actuallyand necessarily incurred in the performance ofofficial duties

3) The administratora) With the approval of the director, shall

organize and reorganize the division for the purpose of administration in the manner the admin-

istrator considers necessary to properly conductthe work of the division

b) May divide the functions of the divisioninto subdivisions for administrative purposesEach administrative subdivision shall be man-

aged by a person well qualified by technical training and experience in the functions to beperformed

c) With the approval of the director, maydesignate a deputy with full authority to act forthe administrator but subject to the administrator's control A deputy designated under thisparagraph shall be in the unclassified service Thedesignation of a deputy under this paragraphshall be by written order filed with the Secretaryof State

d) With the approval of the director, maymake rules necessary for the administration andenforcement of the laws which the division ischarged with administering.

e) Shall act as a reciprocity officer for thepurposes of ORS 802 500 to 802 520

f) Shall have the authority to execute ormake such arrangements, agreements or declarations to carry out the provisions of ORS 802 500to 802 520 The administrator shall receive noadditional compensation for service performed

under this paragraph but shall be allowed actual

and necessary expenses incurred in the performance of the duties to be paid from the account ofthe division [ 1983 c 338 § 114, 1985 c 16 § 30, 1985 c 668 § 11

802. 020 Administrative facilities forenforcement of motor vehicle laws. Thedivision

1) Shall purchase the necessary stationery, record books, registration plates and postage, provide for the printing and all other necessaryand incidental expenses, employ the necessaryclerical assistance, and lease such real estate and

buildings as the division deems necessary to carry

out fully the objects and purposes of the motorvehicle laws which it is required to administer

2) Is authorized and directed to pay anyclaims therefor in the manner provided by law outof the money received under the provisions of thevehicle code

3) May share space in any leased buildingwith any other state officer, department, board orcommission, for the conduct of the business of

the state.

1229

SUPERSEDED


4) Subject to approval under this subsection, may acquire by purchase, agreement or donation, real property or any right or interest therein foroffice buildings and necessary appurtenant facilities Before the division may exercise any authority under this subsection the division must havethe approval of

a) The committee of ways and means established under ORS 171555 if the LegislativeAssembly is in session

b) The Emergency Board created underORS 291 324 if the Legislative Assembly is not insession [ 1983c338§ 115)

802. 030 Designation of agents forvehicle titling; registration and issuance ofcertain permits. The division

1) May designate, for the convenience of thepublic, any dealer issued a certificate under ORS822 020, to accept applications and fees for thetitling and the registration of vehicles that thedealer sells and to perform such other dutiesrelated to the titling and registration of vehiclesas the division may authorize Such duties mayinclude, but need not be limited to

a) Issuance of permits under ORS 803 600, 803 625 and 820 560

b) Performance of vehicle identificationnumber inspections as authorized by the division

2) May adopt rules under ORS 822 035 toassure appropriate conduct of division businessby dealers appointed as agents under subsection

1) of this section and to appropriately regulatesuch dealers Such rules may provide for withdrawal of the authority granted a dealer undersubsection ( 1) of this section if the dealer fails tocomply with the rules Dealers designated undersubsection ( 1) of this section

a) Shall serve during such penods of time asthe division may designate

b) Shall promptly transmit such applications to the division.

c) Shall properly account to the division forsuch fees

d) Shall comply with all rules of the divisionadopted under this subsection

e) Are not authonzed to charge any additional fee for transactions conducted on behalf ofthe division nor to receive any compensationfrom the division in any way for the service beingprovided as such service is a convenience to the

dealer as well as the dealer' s customers

3) May appoint persons to act as agents forthe division in the issuance of winter recreationparking permits under ORS 811 595 To qualify

for appointment under this subsection, a personmust be eligible under the rules of the divisionThe division may establish procedures that provide or require bonds for persons appointed underthis subsection and may pay the cost of any bondrequired The division may establish, by rule, anadditional charge to be collected with other

charges for issuance of winter recreation parkingpermits under ORS 811 600 and 811 640, and tobe retained by issuers other than the division forpermit issuance service [ 1983 c 338 § l l6, 1985 c 16 §31,

1985 c 171 § 3, 1985 c 416 § 6, 1987 c 146 § 1 ]

802.040 Forms. ( 1) The division shall prepare forms for accident reports required under

ORS 810 460 and 811 725 to 811 735 Everyrequired accident report shall be made on a formapproved by the division The division shall consult with the state police and city and county lawenforcement officials before approving a form foraccident reports required under ORS 810 460 Aform prepared under this subsection shall call forsufficiently detailed information to disclose, withreference to a traffic accident, the cause, condi-

tions then existing and the persons and vehiclesinvolved Upon request, the division shall supplyforms prepared under this subsection to policedepartments, sheriffs and other suitable agenciesor individuals

2) The division shall prescribe and providesuitable forms for the administration and

enforcement of the financial responsibilityrequirements under the vehicle code [ 1983 cm

117, 1985 c 16 §321

802.050 Publications; fees. ( 1) The divi-

sion may compile, publish and distribute a codebook containing statutes administered by thedivision along with other related laws. A bookpublished under this subsection shall be distributed to schools and governmental officials of

the state without charge The division may establish and collect a reasonable fee for books issuedto groups or persons other than schools or govern-

mental officials Any fee established under thissection shall not exceed the costs of the compila-

tion, publication and distribution of the books

2) The division shall publish statisticalinformation based on the analysis and tabulationof accident reports under ORS 802 220 Publica- tion under this subsection shall be annual or atmore frequent intervals

3) The division shall make rules it adopts

concerning aiming of headlights, auxiliary lightsand passing lights available to the public in anappropriate publication [ 1983 c 338 § 118, 1985 c 171

41

802.060 Acceptance of grants andother moneys for traffic safety programs;

1230

SUPERSEDED

ADMINISTRATIVE PROVISIONS 802. 100

contracts. The division in behalf of the department and with the approval of the director may

1) Apply for, accept and receive such grants, contributions or other moneys as may be available to this state or any of its agencies forresearch and other programs concerning the safeoperation of motor vehicles upon the highways,

including research or educational programs forthe improvement of drivers, the reduction oftraffic accidents and the reduction of violations

of traffic laws and ordinances

2) Enter into such contracts or agreements,

employ such personnel, and do all things necessary to receive available moneys and carry on anyresearch or program mentioned in subsection ( 1) of this section, provided that the authority hereingranted and the contracts, agreements and other

acts authorized to be entered into or performed, shall be subject to and not in conflict with the

provisions of any other applicable state statutes

3) Moneys received under this section shallbe deposited in the account created under ORS802 100 for the purpose of receiving and disburs- ing such moneys [ 1983 c 338 §8761

802. 070 Division to assist schools inpromoting highway safety. The Motor Vehi- cles Division shall assist accredited schools andeducational institutions of this state in the pro-

motion of highway safety and shall carry on withother activities under the laws providing for theregistration of motor vehicles and motor vehicle

operators and chauffeurs, other projects havingfor their purpose the prevention of motor vehicle

accidents [ 1983 c, 338 § 8771

802.080 Program for prevention ofvandalism and prevention and cleanup of

litter. The Highway Division shall administer aprogram aimed toward prevention of vandalism

and prevention and cleanup of litter The program may include public informational activities, but shall be directed primarily toward encouraging and facilitating involvement of youth in prevention of vandalism and litter and in litter

cleanup work Moneys for the program are provided from the Environmental Quality Informa- tion Account described under ORS 802 100 [ 1983c 338 §878, 1987 c 55 § 1]

802. 090 Availability of elector registration cards at division offices. ( 1) An elector registration card prepared under ORS 247 171shall be available to any person at any field officeof the Motor Vehicles Division of the Depart- ment of Transportation where licenses or renewalapplications are distributed or received

2) Any person at least 18 years of age whoattempts to apply for an Oregon license or

renewal at any field office of the division wherelicense or renewal applications are distributed orreceived shall be given an elector registration cardprepared under ORS 247 171 [ 1983 c 338 § 870, 1985

c 16 §4391


802. 100 Division Accounts; uses. Thefollowing accounts are established for the financial administration of the division in accordancewith ORS 802 110

1) The Motor Vehicles Division FinancialAid Account The account established under thissubsection is an account in the General Fundseparate and distinct from the Motor VehiclesDivision Administrative Account The accountestablished under this subsection is used for thedeposit of moneys received under ORS 802 060

2) The Motor Vehicles Division SuspenseAccount The account established under this subsection is a suspense account in the State Treas-

ury that is used to deposit moneys received by thedivision and to make approved payments anddispersals of funds before the division pays itsown administrative expenses The division shall

transfer the money that is not to be used to makeapproved payments and dispersals from theaccount established under this subsection and

that remains in the account at the close of business on the last day of each month to the MotorVehicles Division Administrative Account on orbefore the 15th day of the following month

3) The Motor Vehicles Division Admin- istrative Account The account established underthis subsection is an account in the General Fundthat shall be used for the payment of admin-

istrative expenses payable before money from theaccount is transferred to the State HighwayFund The division shall transfer the money thatis not to be used to make payments from theaccount established under this subsection and

that remains in the account at the close of business on the last day of each month to the StateHighway Fund on or before the 15th day of thefollowing month

4) Environmental Quality InformationAccount The account established under this sub-

section is a separate account in the General Fundof the State Treasury that shall be used to depositmoneys received from the sale of customizedregistration plates under ORS 805 240 Moneysin the account shall be used for programs underORS 802 080 Moneys shall be deposited in theaccount after payment of administrative

expenses as provided under ORS 802 110

1231

SUPERSEDED


5) Stores Revolving Account The accountestablished under this subsection is a separate

account that shall be maintained to pay for supplying the current requirements of the divisionand its branches for stocks of supplies and materials

6) The Revolving Account for EmergencyCash Advances The account established underthis subsection is a separate account that shall be

maintained for the payment of emergency cashadvances and taking up of dishonored remittances The account established under this subsection is a continuation of the revolving fundestablished by section 1, chapter 89, Oregon Laws1931 j 1983 c 338 § 132, 1985 c 16 § 391

802. 110 Procedures for financialadministration; receipt and disposition of

moneys; refunds; payments; limitations. Any procedures the division establishes for itsfinancial administration and for the dispositionand payment of moneys it receives shall complywith all of the following

1) The division shall deposit all moneys itreceives in the Motor Vehicles Division SuspenseAccount for approved expenses and dispersalsbefore payment of general administrativeexpenses of the division This subsection does notapply to any of the following

a) Upon receipt, the division shall deposit allmoneys received by the department under ORS802 060, directly into the Motor Vehicles Divi- sion Financial Aid Account, a separate accountMoneys in the account shall be disbursed andexpended only for the purposes for which authorized under the terms of their grant or appropriation

b) The division may return a bank check ormoney order when received by the division inincorrect or incomplete form or when not accompanied by the proper application

2) The division shall pay the followingapproved expenses and dispersals from the Motor

Vehicles Division Suspense Account before payment of the general administrative expenses ofthe division

a) Refunds authorized by any statute administered by the division when such refunds areapproved by the division

b) Amounts transferred to the State Treas- urer under ORS 319 410 ( 2) for the purpose ofcarrying out the state aeronautic laws and

amounts transferred to the Boating Safety, LawEnforcement and Facility Account by ORS319 415

c) After deduction of current expenses ofcollection and transfer, the division shall pay

moneys collected from the Motor Vehicles Acci-

dent Fund Eligibility Fee under ORS 807 040, 807 150 and 807 370, to the State Treasurer fordeposit to the credit of the Motor Vehicle Acci- dent Fund The division shall pay the moneysunder this paragraph on a monthly basis

d) After deduction of expenses of collection, transfer and administration, the division shall

pay moneys collected from the Student DriverTraining Fund Eligibility Fee under ORS807 040, 807 150 and 807 370 to the State Treas- urer for deposit in the Student Driver TrainingFund The moneys deposited in the StudentDriver Training Fund under this paragraph arecontinuously appropriated to the Superintendentof Public Instruction for the following purposes

A) To the extent of not more than sixpercent of the amount transferred into the Stu-

dent Dnver Training Fund in any biennium, topay the Superintendent of Public Instruction forthe expenses of administering ORS 343 710, 343 720, 343 730, 343 740 ( 2) and 343 750

B) The remaining moneys, for reimbursingschool districts as provided under ORS 343 730

e) After deduction of expenses of collection, transfer and administration, the division shall

pay moneys collected for the Motorcycle SafetySubaccount under ORS 807170 to the StateTreasurer for deposit in the Motorcycle SafetySubaccount of the Traffic Safety CommissionAccount Moneys paid to the State Treasurerunder this paragraph shall be used for the purposeof ORS 802 320

f) After deduction of expenses for the administration of the issuance of customized registra-

tion plates under ORS 805 240, the division shallplace moneys received from the sale of customized registration plates in the Environmental

Quality Information Account The moneysplaced in the account are continuously appropriated to the department and shall be used for thepayment of expenses heretofore and hereafter

incurred in administering programs establishedunder ORS 802 080

g) After deduction of expenses of collection, transfer and administration, including theexpenses of establishment and operation of Class

I all- terrain vehicle safety education coursesunder ORS 821 180, the division shall place moneys received from sources described in ORS802 130 in the All- Terrain Vehicle Account in theState Highway Fund established by ORS802 130

h) After deducting the expenses of the division in collecting and transferring the moneys,

1232

SUPERSEDED


the division shall make dispersals and paymentsof moneys collected for or dedicated to any otherpurpose or fund except the State Highway Fund

3) The division shall refund from the MotorVehicles Division Suspense Account any excessor erroneous payment to a person who made thepayment or to the person' s legal representativewhen the division determines that money hasbeen received by it in excess of the amount legallydue and payable or that it has received money inwhich it has no legal interest Refunds payableunder this subsection are continuously appropriated for such purposes in the manner for paymentof refunds under this section If the divisiondetermines that a refund is due, the division mayrefund the amount of excess or erroneous pay-

ment without a claim being filed Except asprovided in ORS 319 290, 319 375, 319 820 and

319 831, any claim for a refund from the divisionmust be filed within 12 months after the datepayment is received by the division

4) After payment of those expenses and

dispersals approved for payment before the division' s general administrative expenses, the division shall pay from the Motor Vehicles DivisionAdministrative Account its general admin-

istrative expenses incurred in the administration

of any law the division is charged with administering and any other expenses the division ispermitted by law to pay from moneys held by thedivision before transfer of the moneys to the

State Highway Fund The following limitationsapply to payments of division administrativeexpenses under this subsection

a) The division shall make payment of the

expenses of administering the issuance of winterrecreation parking permits under ORS 811 595from those moneys received from issuing thepermits or from moneys received under ORS153 630 from violation of the requirement to havethe permit

b) The division shall pay its expenses foradministering the registration and titling ofsnowmobiles under ORS 821060 and 821100from the fees collected from administering thosesections The division shall also pay its expensesfor the administration of the snowmobile driverpermit program under ORS 821 160 from themoneys otherwise described in this paragraph

c) The division shall pay its expenses fordetermining the amount of money to be withheldunder ORS 802 120 from the fees collected for

administering the registration and titling ofsnowmobiles The amount used to pay expensesunder this paragraph shall be such sum as neces-

sary but shall not exceed $ 10,000 during eachbiennium

d) The division shall retain $2, 500 per year

as the only payment for the administrativeexpenses of collecting and transferring of moneysfor the Motor Vehicles Accident Fund as allowedunder this section

e) The division shall retain not more than

15,000 in any biennium for the expenses ofcollecting and transferring moneys to the StudentDriver Trammg Fund under this section and forthe administration of ORS 343 740 ( 3)

5) Except as otherwise provided in this subsection, the division shall transfer to the StateHighway Fund the moneys not used for paymentof the general administrative expenses or forapproved expenses and dispersals before paymentof general administrative expenses The followingapply to this subsection

a) If the director certifies to the division theamount of principal or interest of highway bondsdue on any particular date, the division may turnover and make available for the payment of such

interest or principal any sums that may be necessary to the extent of moneys on hand available forthe State Highway Fund regardless of the datesotherwise specified under this section

b) Notwithstanding paragraph ( a) of thissubsection the division shall not turn over and

make available for purposes described in paragraph (a) of this subsection any moneys describedin ORS 367 605 when there are not sufficient

amounts of such moneys in the State HighwayFund for purposes of bonds issued under ORS367 615

6) Notwithstanding any other provision ofthis section, the following moneys shall be transferred to the State Highway Fund at the timesdescribed

a) Moneys received under ORS 802 120 andnot used for the payment of administrativeexpenses of the division shall be transferred tothe State Highway Fund before July 31 of eachyear

b) Moneys received from the registration ofsnowmobiles that is not to be used for payment ofadministrative expenses of the division shall be

transferred to the State Highway Fund within 30days after the end of the quarter

c) Moneys received from the issuance of

winter recreation parking permits or under ORS153 630 from violation of the requirement to havea winter recreation parking permit and that is notused for payment of administrative expenses of

the division shall be transferred to the StateHighway Fund within 30 days after the end of thequarter

1233

SUPERSEDED


d) Moneys to be transferred to the All -

Terrain Vehicle Account in the State HighwayFund under ORS 802 130 shall be transferredwithin 30 days after the end of the quarter

7) The following moneys transferred to theState Highway Fund under this section may beused only for the purposes described as follows

a) Moneys collected from the issuance of

winter recreation parking permits or under ORS153 630 for violation of the requirement to have awinter recreation parking permit, and the interest on such moneys, shall be used to enforce the

requirement for winter recreation parking permits and to remove snow from winter recreation

parking locations designated under OHS 810 170Any remaining money shall

A) Be used to maintain parking locationsdeveloped with moneys obtained under OHS810 170 and snowmobile facilities that are parking lots developed with moneys as provided underthis section,

B) Be used to develop additional winterrecreation parking locations under OHS 810 170, or

C) Be carried over to be used in subsequentyears for the purposes and in the mannerdescribed in this paragraph

b) Moneys received from the registration ofsnowmobiles or under ORS 802 120 shall only beused for the development and maintenance of

snowmobile facilities, including the acquisition ofland therefore by any means other than theexercise of eminent domain, and for the enforce-

ment of ORS 811 590, 821100 to 821 120, 821 140, 821 150, 821 190, 821 210 and 821 240 to821 300

c) Moneys transferred under OHS 802 130shall be used as described in OHS 802 140 Theamount available under OHS 802 140 ( 1) for thedevelopment and maintenance of snowmobilefacilities shall be used with moneys described in

paragraph (b) of this subsection that are availablefor that purpose

8) The division shall maintain the StoresRevolving Account separate from other moneysdescribed in this section From the account, thedivision may pay for stocks of supplies and materials used generally by various subdivisions of thedivision for the purpose of supplying currentrequirements of various subdivisions of the divi-

sion Moneys paid from the account shall bereimbursed to the account through charges madefrom time to time to the various subdivisions ofthe division on the basis of actual usage Themaximum amount of the account is $ 200,000

The moneys in the account are continuouslyappropriated for the purposes of this subsection

9) The division shall maintain the RevolvingAccount for Emergency Cash Advances separatefrom other moneys descnbed in this section

From the account, the division may pay for thetaking up of dishonored remittances returned bybanks or the State Treasurer and for emergencycash advances to be subsequently reimbursedThe account shall be used only as a revolvingfund The division shall at all times be account- able for the amount of the account, either in cash

or unreimbursed items and advances The moneyin the account is continuously appropriated forthe purposes of this subsection The amount of

the account under this subsection shall not

exceed $ 40,000 from moneys received by thedivision in the performance of its functions andmoneys otherwise appropriated for purposes ofthis subsection The account under this subsection shall be kept on deposit with the StateTreasurer The State Treasurer is authorized tohonor and pay all properly signed and indorsedchecks or warrants drawn against the account1 1983 c 338 § 133, 1985 c 16 § 40, 1985c 152 § 5, 1985c280§ 1,

1985 c 459 §22, 1985 c 551 § 14, 1987 c 158 $ 161 1987c261§ 1,

1987 c 791 § 41

802 120 Snowmobile fuel tax moneys; amount; disposition. ( 1) Motor vehicle fuel

used and purchased for providing the motivepower for snowmobiles shall be considered anonhighway use of fuel

2) Persons who purchase and use motorvehicle fuel to provide the motive power for

snowmobiles are not entitled under ORS chapter

319 to a refund of excise tax paid on motor vehiclefuel under that chapter

3) The administrator shall withhold, fromtaxes collected under ORS chapter 319 duringJune of each year, amounts the administratordetermines to have been paid as tax under OHS

chapter 319 on fuel used in snowmobiles duringthe preceding 12 -month period ending June 30

4) Moneys withheld by the administratorunder this section are subject to disposition asprovided in OHS 802 110

5) The administrator shall do all of thefollowing

a) Establish a reasonable manner to deter-

mine the amount of money to be withheld underthis section from the tax on motor vehicle fuelsunder OHS chapter 319

b) Determine the amount or proportion of

moneys to be withheld under this section at leastonce each four years

1234

SUPERSEDED


c) Report the manner used to determine the

amount of money withheld under this section tothe Legislative Assembly at the end of each four - year period. 11983 c 338 § 129. 1987 c 88 § 11

802. 130 All- Terrain Vehicle Account; sources. The All- Terrain Vehicle Account isestablished as a separate account in the State

Highway Fund, to be accounted for separately. After deduction of expenses of collection, transfer

and administration, including the expenses ofestablishment and operation of Class I all- terrain

vehicle safety education courses under ORS821180, the following moneys shall be transferred to the account

1) Fees collected by the division under ORS821 060 for issuance of certificates of title forClass I all- terrain vehicles

2) Fees collected by the division under ORS821320 for registration of Class I all- terrainvehicles

3) Fees collected by the division from participants in the Class I all - terrain vehicle safetyeducation course under ORS 821 180

4) That portion of the amount paid to the

division as motor vehicle fuel tax under ORS319 020 and 319 530 that is determined by thedivision to be tax on fuel used by Class I and ClassII all- terrain vehicles in off - highway operationand that is not refunded The division shalldetermine the amount of money to be transferredunder this subsection at least once each fouryears

5) Fees collected by the division under ORS821. 185 ( 2) for issuance and renewal of Class IIall- terrain vehicle off -road operating permits1985 c 459 § 19 1987 c 88 §§ 1, 2, 1987 c254 § 1, 1987 c 587 § 8]

802. 140 All- Terraiin Vehicle Account; use of moneys. Moneys in the All- Terrain Vehi- cle Account established under ORS 802 130 shall

be used by the department for the followingpurposes only-

1) No less than 10 percent in each 12 -monthperiod of the moneys described in ORS 802 130that are attributable to Class I all- terrain vehiclesshall be used for the development and mainte-

nance of snowmobile facilities as provided inORS 802 110

2) The remainder of moneys attributable toClass I all - terram vehicles shall be used for theacquisition, development and maintenance of

recreation areas for use by Class I all- terrainvehicles

3) Moneys attributable to Class II all - terrainvehicles shall be used for the following purposesonly

a) Acquisition, development and maintenance of recreation areas for use by Class II all - terrain vehicles,

b) Education and safety training for Class IIall - terrain vehicle operators, and

c) The provision of first aid and policeservices in areas designated by the appropriateauthority [ 1985 c 459 § 20, 1987 c 587 §91

802. 150 Motor Vehicle Records

Account; uses. The Motor Vehicle Records

Account is established in the General Fund Thefollowing apply to the account established by thissection

1) The account shall be used for the depositof moneys collected by the courts from the feerequired by ORS 810 380 to be collected frompersons convicted of driving while suspended orrevoked in violation of ORS 811 175 or 811 182

2) Moneys in the account are continuouslyappropriated for the purpose of reimbursing thedivision for the cost of furnishing motor vehiclerecords to district attorneys and other prosecut-

ing attorneys for the prosecution of persons fordriving while suspended or revoked

3) District attorneys and other prosecutingattorneys shall not be charged for the cost ofrecords furnished under subsection ( 2) of this

section [ 1985 c 744 § 4, 1987 c 730 § 8, 1987 c 904 § 11

Note. Section 3, chapter 904, Oregon Laws 1987, pro-

vides

Sec 3 Moneys in the Motor Vehicle Records Account

may be used to pay moneys owed by any city or county forcosts of obtaining suspension documents before the effectivedate of this Act [July 20, 19871 [ 1987 c 904 § 31

Note The amendments to 802150 by section 31, chapter 905, Oregon Laws 1987, take effect July 1 1989 Seesection 39, chapter 905, Oregon Laws 1987 The text is setforth for the user' s convenience

Sec 31 The Motor Vehicle Records Account is estab-

lished in the General Fund The following apply to the account

established by this section

1) Moneys in the account are continuously appropriated

for the purpose of reimbursing the division for the cost offurnishing motor vehicle records to district attorneys andother prosecuting attorneys for the prosecution of persons fordriving while suspended or revoked

2) District attorneys and other prosecuting attorneysshall not be charged for the cost of records furnished under

subsection ( 1) of this section

802. 180 Use of revocation and suspen-

sion reinstatement fees. The fees collectedunder ORS 807 370 for the reinstatement of suspended and revoked driving privileges shall beapplied by the division to the cost of preparingand serving notices of suspension or revocation

1235

SUPERSEDED


and to the cost of administering the driver requires that the title certificate does not indicateimprovement program authorized under ORS that the vehicle is reconstructed809 480 [ 1983 c 338 § 1301

802. 170 Uncollectable check pro-

cedures. If any person pays the division any feeor tax with a bank check and the check isreturned to the division as uncollectable, the

division may charge the person presenting thecheck the fee for uncollectable checks under ORS

802 180 If the person does not pay the feecharged under this section the division may do allof the following

1) Suspend or cancel, or refuse to renew, anyvehicle registration or title, vehicle permit, driverlicense or driver permit in payment of which thecheck was presented as provided under ORS809 070, 809 300 or 809 330

2) Authorize any division employe or policeofficer to seize and recover any evidence of theregistration, title, license or permit suspended orcanceled

3) If evidence of the suspended or canceledregistration, title, license or permit is not

recovered, refuse to conduct any further transactions with the person until the fee charged underthis section is paid

4) Implement procedures under ORS809 290 and 809 300 11983 c 338 § 134, 1985 c 669 § 101

802. 180 Fees for uncollectable check.

The fee charged for presentation of an uncollectable check to the division under ORS 802 170 is afee not to exceed $ 10 11983 c 338 § 135]

Records)

802. 200 Required records. In addition toany other records the division may establish, thedivision is subject to the following provisionsconcerning records

1) The division shall maintain records con-

cerning the titling of vehicles in this state Therecords under this subsection shall include the

following

a) For vehicles issued a certificate of title bythis state, the records shall identify the vehicleand contain the following

A) The name of the vehicle owner, anysecurity interest holders in order of priority andthe lessor, if any, and

B) The vehicle description and vehicle identification number

b) If the vehicle is an antique vehicle that isreconstructed, the records shall indicate that thevehicle is reconstructed even if ORS 803 015

c) If the vehicle is a replica, the records shallindicate that the vehicle is a replica

d) Any other information concerning thetitling of vehicles that the division considersconvenient or appropriate

e) All odometer readings for a vehicle thatare reported to the division under provisions ofthe vehicle code The readings required to bemaintained under this paragraph shall be maintained for the life of the vehicle

2) If a vehicle that has been registered or

titled in another jurisdiction is registered or titledin this state, the division shall retain the originalor a copy of any record of any odometer readingsshown on the title or registration documentssubmitted to this state at the time of registrationor title

3) The division shall maintain records concerning the registration of vehicles in this stateThe records concerning the registration of vehicles may be stored along with records concerningthe titling of vehicles The records under thissubsection shall include the following

a) For vehicles registered by this state, therecords shall identify the vehicle and contain thefollowing

A) The registration plate number assignedby the division to the vehicle,

B) The name of the vehicle owner, and

C) The vehicle description and vehicle identification number

b) Any other information concerning theregistration of vehicles that the division consid-

ers convenient or appropriate

4) The division shall maintain separaterecords for the regulation of vehicle dealers Therecords required under this subsection shall be

maintained in the division offices and shallinclude the following information about personsissued dealer certificates

a) The person' s application for a vehicledealer certificate

b) An alphabetical index of the name of eachperson applying for a vehicle dealer certificate

c) A numerical index according to the dis- tinctive number assigned to each vehicle dealer

5) The division shall maintain a file onvehicles for which the certificate of title record iscanceled under ORS 819 030 The recordsrequired under this subsection shall disclose the

last registered owner of each vehicle, any security

1236

SUPERSEDED

ADMINISTRATIVE PROVISIONS 802, 200

interest holder or holders and lessors of each

vehicle as shown by the canceled certificate oftitle record for each vehicle and the make, yearand model for each vehicle

6) The division shall maintain records oneach mobile home The records required under

this subsection shall contain all of the followinga) The permanent registration plate number

required under ORS 803 520

b) All transfers of ownership occurring afterJanuary 1, 1972

c) All movements indicated by trip permitsfiled with the division

d) Information on mobile homes subject toan exemption under ORS 820 510 that the divi-

sion determines necessary7) The division shall maintain a copy of each

agreement or declaration under ORS 802 500 to802 520 The records required under this subsec-

tion shall be kept in the office of the division and

contain a copy of each agreement, arrangement ordeclaration or any amendment thereto

8) The division shall maintain separate andcomprehensive records of all transactions affect-

ing the Revolving Account for Emergency CashAdvances described under ORS 802 100

9) The division shall maintain suitablerecords of driver licenses and driver permits Therecords required under this subsection shall

include all of the following

a) An index by name and number

b) Supporting documentation of all licensesor driver permits issued

c) Every application for a driver license ordriver permit

d) All applications for driver licenses ordriver permits denied

e) All licenses or driver permits that havebeen suspended or revoked

10) The division shall maintain a two -part

driving record consisting of an employment driving record and a nonemployment driving recordfor each person as required under this subsection

All of the following apply to the records requiredunder this subsection

a) The division shall maintain drivingrecords on

A) Every person who is granted drivingprivileges under a driver license, driver permit or

a statutory grant of driving privileges under ORS807020,

B) Every person whose driving privilegeshave been suspended, revoked or canceled underthis vehicle code,

C) Every person who has filed an accidentreport under ORS 811 725 or 811730, and

D) Every person who is required to providefuture responsibility filings under ORS 806 200, 806 220, 806 230 or 806 240

b) The employment driving record shallinclude all motor vehicle accidents in which theperson is involved, all suspensions of drivingprivileges required to be placed on the recordunder ORS 809 280, and all convictions of the

person for violation of motor vehicle laws exceptconvictions for offenses requiring mandatoryrevocation or suspension of driving privilegesunder ORS 809 410 and 813 400, but shall include

only such accidents, suspensions and convictionsthat occur while the person is driving a motorvehicle

A) In the course of the person's employment

when the person is employed by another for theprincipal purpose of driving a motor vehicle,

B) Carrying persons or property for compensation,

C) In the course of the person' s employment

in the collection, transportation or delivery ofmail if, the vehicle is government owned or

marked for the collection, transportation or deliv-

ery of mail in accordance with government rules, or

D) That is an authorized emergency vehicle

c) The nonemployment driving record shallinclude the person' s

A) Motor vehicle accidents;

B) Suspensions, cancellations and revoca-

tions of licenses, permits and driving privileges,

C) Convictions for violation of the motorvehicle laws other than those included in the

employment driving record including, for eachviolation of ORS 811100, 811110, 811112 or811 115, the speed at which the person was con-

victed of traveling and the posted or designatedspeed,

D) Diversion agreements entered into under

ORS 813 220 within the preceding 10 years

d) The division may record other entries toindicate correspondence, interviews, participa-

tion in driver improvement programs or other

matters concerning the status of the driving privileges of the person

e) When a suspension of a driver permit, driver license or other driving privilege is placedon the driving record under ORS 809 280 forfailure to appear in court on a major trafficoffense, the division shall note on the record thatthe suspension was for failure to appear in court

1237

SUPERSEDED


and shall also note the offense charged against the

person on which the person failed to appear

f) The division, in consultation with theDepartment of State Police, shall devise and

implement a method of noting suspensions and

revocations of driving privileges on the record insuch a way that police agencies can determinedirectly from the record what class of offense, asprovided by law, is committed by a person whodrives in violation of the suspension or revocation If the division and the Department of StatePolice devise a mutually agreeable alternativemethod of informing police agencies of the natureof a suspension or revocation and the conse-

quences of its violation, the implementation of

that method shall satisfy the duty of the divisionunder this paragraph

11) The division shall maintain records ofjudgments or convictions sent to the divisionunder ORS 153 625 The records required underthis subsection shall be kept in the office of thedivision

12) The division shall maintain accidentreports filed with the division under ORS 810 460and 811 725 to 811 735

13) The division shall maintain records of

bank checks or money orders returned underORS 802 110

14) The division shall maintain records of

trip permits other than commercial vehicle trippermits, issued under ORS 803 600, as provided

under this subsection The records required bythis subsection shall include the following

a) A description of the vehicle sufficient to

identify the vehicle

b) The person to whom the permit wasissued

c) When the permit was issued

d) The type of permit issued

e) For registration weight trip permits, themaximum allowable loaded weight permitted foroperation under the permit

f) Any other information the division determines appropriate or convenient [ 1983 a 338 § 124,

1985 c 16 § 34, 19B5 c 175 § l, 1985 c 251 § lla, 1985 c 313 § l,

1983 c 402 § 5b, 1985c 668 § 2, 1987 c, 5 § 1. 1987 c 137 § 5, 1987

c 730 § 9, 1987 c 887 § 61

Note Section 8, chapter 5, Oregon Laws 1987, provides

See 8 The amendment to section 124, chapter 338,

Oregon Laws 19831802 200], by section 1 of thes Act requiringthat convictions for each violation of section 563 or 565,

chapter 338. Oregon Laws 1983 [ 811 100 or 811 1101, includethe speed at which the person was traveling and the desig-

nated or posted speed, applies to any violation occurring on or

after the effective dale of this Act [January 1, 1986] [ 1987 c 581

802. 210 Records of notices of

approaching expiration of registration or

license not required. The division is notrequired to maintain records on any of the following

1) The preparation and mailing of noticesrequired on approaching expiration of registration under ORS 803 450

2) The preparation and mailing of noticesrequired on approaching expiration of driverlicense or driver permit under ORS 807 140 11983c 338 § 125, 1985 c 16 § 351

802. 220 Availability of divisionrecords, fees authorized. (1) Except as otherwise provided in this subsection, the records the

division maintains under ORS 802 200 on vehi-

cles are public records The records of vehiclesregistered under ORS 805 060 are not public

records and are exempt from public informationas provided under ORS 181 540 and are for theconfidential use of criminal justice agencies

described under ORS 181010 The division maycharge the fee established under ORS 802 230 forfurnishing information under this section concerning a vehicle or its owner

2) The division may charge the fee established under ORS 802.230 for furnishing to thepublic information from the records the division

maintains under ORS 802 200 concerning driverlicenses or driver permits

3) The records the division keeps under ORS802 206 on judgments or convictions under ORS

153 625 shall be open to the inspection of anyperson during reasonable business hours

4) The division shall upon request furnish

any person certified abstracts of the employment

driving record and the nonemployment drivingrecord of any person whose driving records aremaintained under ORS 802 200 If an abstract of

the employment driving record is not specificallyrequested, the division shall only furnish anabstract of the nonemployment driving recordThe division shall collect the fee established for

abstracts of driving records under ORS 802 23CA certified abstract issued under this section shall

not contain any of the following

a) Any accident or conviction for violationof motor vehicles laws that occurred more than

three years immediately preceding a request forabstract.

b) Any suspension ordered under ORS809 220 after the division has received notice toterminate the suspension under ORS 809 220

3238

SUPERSEDED


5) Except as otherwise provided in this sub-

section, accident reports filed with the divisionunder ORS 811 725, 811 730 or 811 735 shall be

without prejudice to the individual filing thereport and shall be for the confidential use ofstate administrative and enforcement agencies

The division records of accident reports submit-

ted to the division by police officers under ORS810 460 are not privileged or confidential The

division may use the confidential accidentreports to provide the following information tothe persons described

a) Upon written request, the division shall

disclose the following information to any partyinvolved in the accident or to their personal

representative or any member of the family of aparty involved in the accident

A) The identity of the owner, driver, occupants and the registration number of a vehicle

involved in the accident,

B) The names of any companies insuring theowner or driver of a vehicle involved in theaccident, and

C) The names of any witnesses to the accident

b) The division shall furnish a certificate

showing that a specified accident report has orhas not been made to the division upon demandof any person who has or claims to have madesuch a report or upon demand of a court

6) The division shall tabulate and may ana-

lyze all accident reports to develop statisticalinformation based thereon as to the number and

circumstances of traffic accidents The divisionshall publish information compiled under thissection in the manner provided under ORS

802 050

7) The records the division is required under

ORS 802 200 to,mamtam on trip permits issuedunder ORS 803 600 are public records The division may charge a fee established under ORS802 230 for furnishing information from therecords on trip permits.

8) The records the division maintains under

ORS 802 200 concerning odometer readings forvehicles are public records The division mayseparately furnish information concerningodometer readings shown by its records Thedivision may charge the fee established underORS 802 230 for information separately providedunder this subsection 11983 c 338 § 126, 1985 c 16 § 36,

1985 c 175 § 2. 1985 c 251 § 12, 1985 c 313 § 2, 1987 c 5 § 21

Note- Section 9, chapter 5, Oregon Laws 1987, pro-

vides

Sec 9 The abstracts of the employment and non -

employment driving records described in section 126, chapter338, Oregon Laws 1983 [ 802 220], shall not include comic -

tmns for any violation of the fuel conservation maximum

speed limit occurring before the effective date of this ActJanuary 1, 19861 11987 c 5 § 91

802. 230 Fees for records. ( 1) The fee for

furnishing information concerning vehicle registration records under ORS 802 220 is a reason-

able fee established by the division2) The fee for furnishing information con-

cerning driver licenses or driver permits underORS 802 220 is a reasonable fee established bythe division

3) the fee for an abstract of driving recordunder ORS 802 220 is a reasonable fee established

by the division4) The fee for furnishing information con-

cerning trip permit records under ORS 802 220 isa reasonable fee established by the division

5) The fee for separate records on vehicleodometer readings under ORS 802 220 is a rea-

sonable fee established by the division [ 1983 c 338127, 1985 c 16 § 37, 1985 c 175 § 3, 1985 c 251 § 13. 1985 c 313

3, 1987 c 5 § 31

802. 240 Division records as evidence. 1) In all actions, suits or criminal proceedings

when the title to, or right of possession of, anyvehicle is involved, the record of title, as it

appears in the files and records of the division, isprima facie evidence of ownership or right topossession of the vehicle Proof of the ownershipor right to possession of a vehicle shall be made bymeans of any of the following methods

a) The original certificate of title as providedunder ORS 803 010

b) A copy, certified by the division, of thetitle record of the vehicle as the record appears inthe files and records of the division

2) Extrinsic evidence of authenticity is notrequired as a condition precedent to the admis-

sion of a copy of a document relating to theprivilege of any person to drive a motor vehicleauthorized by law to be filed and actually filed inthe records of the division if the copy bears a sealpurporting to be that of the division and 1scertified as a true copy by original or facsimilesignature of a person purporting to be an officeror employe of the division This subsectionapplies to copies of a data compilation in anyform Copies of documents certified in accordance with this subsection constitute prima facieevidence of the existence of the facts stated

therein

3) A certified copy of a person' s drivingrecord, as maintained by the division

1239

SUPERSEDED


a) May be admitted as evidence in anyhearing or appeal under ORS 809 640 or in anyhearing or proceeding under ORS 813 200 to813 270

b) Is prima facie evidence that the personnamed therein was duly convicted of or forfeitedbail or security for each offense shown by therecord

c) Is prima facie evidence that the person

named therein is participating in or has participated in a driving under the influence of intoxicants diversion program or in any similar alcoholor drug rehabilitation program in this state or inany other jurisdiction if the record shows that theperson has participated in such a program

4) Records and actions described in this

subsection shall not be referred to in any way oradmitted into evidence or be any evidence of thenegligence or due care of any party at the trial ofany action at law to recover damages This sub-

section applies to all of the followinga) The report required following an accidentb) Any action taken by the division to

revoke or suspend a driver license or driver per-

mit or taken by the division under the financialresponsibility requirements of the vehicle code orthe findings, if any, of the division upon whichsuch action of the division is based

c) Any deposit of security required under thefinancial responsibility requirements of the vehicle code

5) Except as provided in this subsection, theaccident reports filed with the division underORS 811 725, 811 730 or 811 735 shall be withoutprejudice to the individual filing the report andno such report shall be used as evidence in anytrial, civil or criminal, arising out of an accidentThe following uses are allowable under this subsection

a) The certificate issued by the divisionunder ORS 802 220 may be used to show whetheror not an accident report has been made to thedivision may be used solely to prove a complianceor failure to comply with the requirements thatthe accident report be made to the division

b) An accident report submitted under ORS811 725 or 811 735 may be used in an administrative hearing or an appeal from such hearingto support any suspension of driving privilegesfor

A) Failure to make reports required underORS 811 725 or 811 735

B) Failure to comply with financial responsibility requirements or failure to comply withfuture responsibility filings

6) A photocopy of an application for perfec- tion of a security interest by notation on a certificate of title under ORS 803 095 or 803 097 that iscertified by the division is proof of the date ofperfection of the security interest unless the dateis invalid as provided under ORS 803 095 or803 097 [ 1983 c 338 § 128, 1985 c 16 § 38, 1985 c 175 § 4, 1987

c441§ 1 1987 c 750 § 31

802.250 Records containing residenceaddress of police officer. ( 1) A police officer

may request that any record kept by the divisionthat contains or is required to contain theofficer' s residence address contain instead the

address of the police agency employing theofficer A request under subsections ( 1) and ( 2) ofthis section shall

a) Be on a form furnished by the divisionthat provides space for verification of the officer' semployment

b) Contain verification by the employingpolice agency of the officer' s employment withthe agency

2) Upon receipt of a request and verificationunder subsections ( 1) and ( 2) of this section, thedivision shall remove the police officer' s resi-

dence address from its records, if necessary, andsubstitute therefor the address of the police

agency employing the officer While the request isin effect, the officer may enter the address of thepolice agency employing the officer on any formissued by the division that requires an address

3) A police agency that verifies an officer' semployment under subsections ( 1) and (2) of this

section shall notify the division within 30 days ifthe officer ceases to be employed by the agencyThe officer shall notify the division of a change ofaddress as provided in ORS 807 560 [ 1985 c 563 § §2, 31

802 260 Driver license and identification card records; contents; copies to counties; fees. ( 1) In addition to any otherinformation required or permitted by law, therecords of driver licenses maintained by the division and the records of identification cards issued

under ORS 807 400 maintained by the divisionshall include the name, Oregon address, date of

birth and Oregon county of residence of eachholder of an unexpired driver license and eachholder of an unexpired identification card

2) At the request of the clerk of court, as

defined in ORS 10 010, for a county, the divisionshall furnish to the clerk without charge a copy ofthe records maintained for that county undersubsection ( 1) of this section

3) Notwithstanding any other provision oflaw, in establishing fees under ORS 802 230 ( 1)

1240

SUPERSEDED


and ( 2), the division may include in those feesamounts necessary to defray costs of furnishingcopies of records to clerks of courts without

charge as provided in subsection ( 2) of this sec-

tion 11987 c 681 § 2]

Note 802 260 takes effect January 1, 1989 See section5, chapter 681, Oregon Laws 1987

COMMISSIONS, COMMITTEES ANDBOARDS

802. 300 Traffic Safety Commission; members, compensation, expenses; execu-

tive secretary; staff. ( 1) The Traffic SafetyCommission is created within the executive officeof the Governor to perform the functions

described under ORS 802 310 The commission

established under this section shall consist of five

members appointed by the Governor Membersappointed to the commission shall serve at the

pleasure of the Governor

2) The Governor shall appoint one member

of the commission established under this section

as the chair and another member as vice -chair

3) A member of the commission established

under this section is entitled to compensation

and expenses as provided under ORS 292 495

4) The Governor shall appoint a person to

serve as executive secretary of the commissionestablished under this section The executive

secretary is the chief administrative officer of thecommission The executive secretary shall keep acomplete record of all meetings of the commis-

sion

5) Subject to the approval of the Governor,

the executive secretary shall appoint assistants, consultants, clerical staff and other employes

needed to carry out the purposes of the commission [ 1983 c 338 § 1191

802. 310 Traffic Safety Commissionduties and programs. This section establishes

duties and programs for the Traffic Safety Com- mission The Traffic Safety Commission is created and the composition of the commission

determined under ORS 802 300 The followingapply to the Traffic Safety Commission

1) The commission shall do the following

a) Organize, plan and conduct a state -wide

highway safety program

b) Coordinate generally activities and programs of the several departments, divisions or

agencies of the state engaged in promoting highway safety

c) Provide highway safety information anddevelop other measures of public information

d) Cooperate fully with all national, local, public and private agencies and organizations

interested in the promotion of highway safety

e) Serve as a clearinghouse for all highwaysafety materials and information used throughout the state

f) Cooperate in promoting research, specialstudies and analysis ofproblems concerning highway safety

g) Make studies and suitable recommendations to the legislature concerning safety regulations and laws

2) The commission shall review plans and

applications for participation by counties andcities in the Federal Government highway safetyprograms conducted under the Federal HighwaySafety Act of 1966 and any amendments theretoThe commission shall make recommendations to

the Governor regarding the approval of plans andapplications under ORS 802 410 [ 1983 c 338 § 873]

802.320 Traffic Safety Commissionmotorcycle safety program; contents; fees; administrator; contracts. ( 1) In addition to

any duties under ORS 802 310, the Traffic SafetyCommission shall establish a motorcycle safetyprogram that complies with this section to the

extent moneys are available for such program

from the Motorcycle Safety Subaccount underORS 802 340 The program established mayinclude the following

a) Motorcycle safety promotion and publiceducation

b) The development of training sites forcommission- approved courses to teach safe and

proper operation and maintenance of motor-

cycles and mopeds

c) Classroom instruction and actual drivinginstruction necessary to teach safe and properoperation of motorcycles and mopeds

d) The development of a mobile trainingunit

e) The acquisition of films and equipment

that may be loaned to the public for the encouragement of motorcycle and moped safety

f) The commission may charge a fee forservices provided under the program Any feecharged by the commission under this paragraphshall be established by rule and shall not be in anamount that will discourage persons from par-

ticipating in safety programs offered by the commission under this section

g) Advice and assistance, including monetary assistance, for motorcycle safety programs

1241

SUPERSEDED

802.325 OREGON VEHICLE CODE

operated by government or nongovernment safe operation of bicycles, promote safe and law - organizations ful riding habits and assist in accident preven-

h) Other education or safety programs thecommission determines will help promote thesafe operation of motorcycles and mopeds, pro-

mote safe and lawful driving habits, assist inaccident prevention and reduce the need for

intensive highway policing2) Subject to the State Personnel Relations

Law under ORS chapter 240, the commission

shall employ a State Motorcycle Safety ProgramAdministrator to administer and coordinate the

program under this section and may employ suchother employes as the commission determines

necessary to carry out the purposes of this section The administrator, in addition to other

duties established by the commission, shall

a) Advise and assist motorcycle safety programs in this state

b) Act as a liaison between government

agencies and advisory committees and interestedmotorcyclist groups

3) The commission may provide for theperformance of training and other functions ofthe program established under this section bycontracting with any private or public organizations or entities the commission determines

appropriate to achieve the purposes of this sec-

tion The organizations the commission may contract with under this subsection include, but arenot limited to, nonprofit private organizations, private organizations that are operated for profit,

public or private schools, community colleges orpublic agencies or political subdivisions [ 1985 c 16

442J

802. 325 Traffic Safety Commissionbicycle safety program, contents; fees. ( 1) The Traffic Safety Commission shall establish abicycle safety program that complies with thissection to the extent moneys are available for

such program The program established mayinclude the following.

a) Bicycle safety promotion and public education

b) Advice and assistance for bicycle safetyprograms operated by government or nongovernment organizations

c) Classroom instruction and actual ridinginstruction necessary to teach safe and properoperation of bicycles

d) Bicycle education and information that

assist police agencies in the enforcement of bicycle laws

e) Other education or safety programs thecommission determines will help promote the

tion

f) The commission may charge a fee forservices provided under the program Any feecharged by the commission under this paragraphshall be established by rule and shall not be in anamount that will discourage persons from par-

ticipating in safety programs offered by the commission under this section

2) The commission shall act as a liaison

between government agencies and advisory committees and interested bicyclist groups

3) The commission may accept donationsand solicit grants to enable the commission to

carry out the functions of this section [ 1987 c 68321

802.330 Governor' s authority to incurexpenses for Traffic Safety Commissionprograms. The Governor is authorized to incur

the expenses the Governor considers necessary todo the following

1) Pay the expenses of the Traffic SafetyCommission and its staff in the performance ofits duties under ORS 802 310

2) Perform the functions or programs established for the Governor under ORS 802 410 17963c 338 § 1381

802.340 Traffic Safety CommissionAccount; uses; Motorcycle Safety Subac- count. ( 1) The Traffic Safety CommissionAccount is established in the General Fund of the

State Treasury Except as provided in subsection2) of this section, all money credited to the

account established under this section is appro-

priated continuously for and shall be used to carryout the following purposes

a) Payment of the expenses of the Traffic

Safety Commission and its staff in the performance of its duties under ORS 802 310

b) Functions or programs established underORS 802 410

2) There is established in the account cre-

ated under subsection ( 1) of this section a subac-

count to be known as the Motorcycle SafetySubaccount The subaccount shall consist ofmoneys credited to the subaccount under ORS

807 370 and as otherwise provided by law Thesubaccount shall be accounted for separatelyMoneys in the subaccount are continuouslyappropriated to the commission for and shall beused to carry out the purposes provided underORS 802 320 [ 1983 c 338 § 139, 1985 c 16 § 411

802. 350 Winter Recreation AdvisoryCommittee; members; meetings. ( 1) The

1242

SUPERSEDED


Winter Recreation Advisory Committee is created to perform the functions described for thecommittee under ORS 810 170

2) The committee created under this section

shall consist of seven members appointed by theOregon Transportation Commission as follows

a) Two persons representing ski area operators,

b) One member representing the OregonNordic Club,

c) One person representing the PacificNorthwest Ski Association,

d) One member representing the OregonState Snowmobile Association, and

e) Two members from the general public

interested in winter recreation in this state.

3) Members of the committee established

under this section shall not receive compensation

and expenses for their service on the committee

4) The members shall be appointed to servefor terms of two years Vacancies on the commit-

tee shall be filled by appointment by the commission for the unexpired term

5) The committee shall meet regularly fourtimes a year at times and places fixed by the chairof the committee The committee may meet atother times specified by the chair or a majority ofthe members of the committee

6) The department shall provide assistance

and space for meetings as requested by the chairof the committee

7) The committee shall adopt rules to govern

its proceedings and shall select a chair and any

other officers it considers necessary [ 1983 c3381221

802.360 All- Terrain Vehicle AccountAllocation Committee; members; duties;

staff. ( 1) The All - Terrain Vehicle AccountAllocation Committee is established The com-

mittee shall consist of seven voting members and

three nonvoting members appointed by theOregon Transportation Commission for a term offour years Members are eligible for reappoint-

ment and vacancies may be filled by the commission

2) Of the voting members of the committeea) Two shall be representatives of Class I all -

terrain vehicle user organizations

b) One shall be a representative of a Class Iall- terrain vehicle dealers association

c) One shall be a representative of a snow-

mobile user organization

d) One shall be an owner or operator of aresort

e) One shall be a representative of a fourwheel drive vehicle user organization

f) One shall be a representative of a dune

buggy user organization

3) Of the nonvoting members of the committee

a) One shall be a representative of the MotorVehicles Division

b) One shall be a representative of the

United States Forest Service

c) One shall be a representative of theBureau of Land Management

4) The committee shall

a) Advise the department on the allocation

of moneys in the All- Terrain Vehicle Account

established by ORS 802 130, andb) Recommend, to managers of publicly and

privately owned lands, trails and areas that maynot be used by any Class II all- terrain vehicle thathas not been issued a permit under ORS 821 1852)

5) The department shall provide staff support for the committee 11985 c 459 §23, 1987 c 587 § 101

802. 370 Advisory committee on vehicledealer regulation; members; compensation.

1) The administrator shall establish an advisorycommittee to advise the division on the admin-

istration of laws regulating vehicle dealers underthe vehicle code

2) The division shall consult with the committee established under this section before the

division adopts any rules under ORS 822 035 orbefore taking any disciplinary action against adealer under ORS 822 050 to revoke, suspend orplace the dealer on probation

3) The administrator shall appoint members

of the committee established under this section

and the members shall serve at the pleasure of the

administrator The administrator shall appoint

members to the committee that represent vehicle

dealers and members that represent the interests

of the general public in the ownership, purchaseand use of vehicles

4) The members of the committee estab-

lished under this section shall serve without compensation or expenses for services performed

1983 c 338 § 121, 1985 c 16 § 33]

802. 380 State Speed Control Board; members; compensation and expenses;

rulemakrng authority. ( 1) The State SpeedControl Board is created to perform the duties

1243

SUPERSEDED


described under ORS 810 180 and 810 190 The

board shall consist of the following five personsa) The administrator or a representative

designated by the administratorb) The Superintendent of State Police or a

representative designated by the superintendentc) The State Highway Engineer of the

Department of Transportation or a represen-

tative designated by the engineerd) Two additional members appointed by

the Governor for a term of two years In appoint-

ing the two members, the Governor shall choose arepresentative of the interests of cities and a

representative of the interests of counties TheLeague of Oregon Cities and the Association of

Oregon Counties may each nominate five personsfor appointment as the board member represent-

ing the interests of the cities and counties respectively The Governor shall appoint one of thepersons nominated by the League of Oregon Cit- ies and one of the persons nominated by theAssociation of Oregon Counties A vacancy in theoffice of an additional member shall be filled byappointment by the Governor as provided in thisparagraph for a two -year term The board members appointed under this paragraph are entitledto compensation and expenses as provided in

ORS 292 495

2) The board may select a secretary who isnot a member of the board to perform such duties

as the board may prescribe Except as otherwiseprovided in this subsection, the secretary or anymember of the board may exercise any power orduty of the board if the board files a writtendelegation in the office of the Secretary of StateThe delegation is effective until the board files awritten recision of the delegation in the office ofthe Secretary of State If the board delegatesauthority to the secretary or a member of theboard to establish speed limits under ORS

810 180, the board, not the secretary or a memberthereof, must take any final action to establish aspeed limit if any road authority having jurisdiction over the highway objects to the establishment by the individual member or secretary

3) Subject to ORS 183 310 to 183 550 theboard may establish rules necessary to carry outits authority and duties under ORS 810 180 and810 190 [ 1983 c, 338 1231

802. 390 Expenses of State Speed Con-

trol Board; cost of certain engineeringinvestigations The department shall be

responsible for and pay from the State HighwayFund all of the following expenses

1) The per diem, travel and other expenses

of the members of the State Speed Control Board

appointed by the Governor under ORS 802 380

2) The expense of any engineering and traffic investigation made under ORS $ 10 190 [ 1983

c 138 41.471

802. 400 Highway Safety Trust

Account. The Highway Safety Trust Account isestablished in the General Fund of the State

Treasury All money received by the Governorunder ORS 802 410 shall be paid into the State

Treasury and credited to the account establishedunder this section All money in the accountestablished under this section is continuously

appropriated for and shall be used by the GOVer- nor in carrying out the purposes for which thefunds were received 11983 c 338 b1401

802. 410 Governor' s authority to applyfor and receive federal highway safety program grants and other funds, local government program participation. ( 1) The

Governor, with the advice of the Traffic SafetyCommission, may apply for, accept, receive anddisburse grants available from the Federal Gov-

ernment or any of its agencies to carry outapproved state highway safety programs conducted under the Federal Highway Safety Act of1966 and the amendments thereto

2) The Governor may accept funds fromother sources and enter into such contracts or

agreements and do all things necessary to receivesuch funds for the purposes of carrying out in thissection and ORS 802 300, 802 330, 802 340, 802 400 and 802 420 However, funds shall not beaccepted that are subject to a restriction or condi-

tion that is in conflict with any law of this state

3) The Governor, considering the recommendations of the Traffic Safety Commission, shall approve plans or applications for participa-

tion by counties and cities in the Federal Govern- ment highway safety programs conducted underthe Federal Highway Safety Act of 1966 and anyamendments thereto The approval of plans and

applications shall be done in accordance with theuniform standards of the Federal Government

regarding such programs Subject to any conditions of the grant, the Governor shall disburse

any funds received from the Federal Governmentor any of its agencies for county and city highwaysafety programs 1i983 c 338 $ 8741

802.420 City and county highwaysafety program participation authorized.

Any city or county may participate in the highway safety program and do all things necessary tosecure the benefits available under ORS 802 310

and 802 410 and under the Federal HighwaySafety Act of 1966 and any amendments thereto1984 c 338 $ 8751

1244

SUPERSEDED


RECIPROCAL AGREEMENTS AND

INTERSTATE COMPACTS

802. 500 Authority for reciprocal registration agreements; permitted provisions;

requirements; limitations. The administrator

may enter into agreements with the duly author - ized representatives of any jurisdiction thatissues registration to establish reciprocal priv-

ileges or registration exemptions for vehicles as

described in this section All of the followingapply to an agreement established under theauthority granted by this section

1) An agreement may establish any of thefollowing benefits, privileges and exemptionswith respect to the operation of commercial or

noncommercial vehicles in this state

a) For purposes of ORS 803 305 exemptions

from registration and payment, wholly or partially, of any vehicle or registration fees

b) Privileges relating to vehicles used bydisabled persons

c) Privileges relating to vehicle parking

d) Privileges relating to vehicle dealers

e) Privileges, exemptions or benefits relatingto farm vehicles or implements of husbandry

f) Privileges relating to persons commer- cially transporting vehicles

g) Any similar privileges, benefits or exemptions relating to the operation of vehicles

2) An agreement shall only grant the privileges, benefits and exemptions to a vehicle or the

owner of a vehicle if the vehicle is any of thefollowing

a) Registered in the jurisdiction where the

person registering the vehicle has a legal residence

b) A commercial vehicle registered in a juns-

dbctcon where the commercial enterprise in which

the vehicle is used has a place of business To

qualify under this paragraph the vehicle must beassigned to the place of business and the place ofbusiness must be the place from which or in

which the vehicle is most frequently dispatched, garaged, serviced, maintained, operated or other-

wise controlled

c) A commercial vehicle registered in a juris-

diction where the vehicle has been registered

because of an agreement between two jurisdic-

tions or a declaration issued by any jurisdiction. 3) An agreement shall retain the right of the

division to make the final determination as to theproper place of registration of a vehicle when

there is a dispute or doubt concerning the properplace of registration An agreement shall retain

the right of the division to confer with the departments of other jurisdictions affected when mak-

ing a determination under this subsection

4) An agreement shall not provide for anybenefit, exemption or privilege with respect to

fuel taxes, use fuel taxes, weight mile taxes or anyother fees or taxes levied or assessed against the

use of highways or use or ownership of vehiclesexcept registration taxes, fees and requirements

5) An agreement must provide that anyvehicle registered in this state will receive a

similar kind or degree of exemptions, benefits and

privileges when operated in another jurisdiction

that is party to the agreement as vehicles registered in the other jurisdiction receive when oper-

ated in this state

6) An agreement, in the judgment of the

administrator, shall be in the best interest of this

state and its citizens, shall be fair and equitable to

this state and its citizens and shall be determinedon the basis and recognition of benefits that

accrue to the economy of this state from theuninterrupted flow of commerce

7) An agreement may authorize a vehiclethat would otherwise be required to be registeredin one jurisdiction to be registered in another

jurisdiction without losing any benefit, exemption or privilege under the agreement if the vehi-

cle is operated from a base located in the otherjurisdiction

8) An agreement may allow the lessee orlessor of a vehicle, subject to the terms and

conditions of the lease to receive benefits, exemptions and privileges under the agreement

9) An agreement may authorize the divisionto suspend or cancel any exceptions, benefits orprivileges granted to any person under the agreement if the person violates any of the terms or

conditions of the agreement or violates any law orrule of this state relating to vehicles

10) All agreements shall be in writing andfiled with the division within 10 days after execu-

tion or the effective date of the agreement, whichever is later

11) An agreement may be a limited typeagreement with any state bordering this state asdescribed in this subsection An agreementdescribed under this subsection is subject to all of

the followinga) The benefits, exemptions and privileges

under the agreement shall only be extended tovehicles or a class of vehicles as specified in the

agreement

1245

SUPERSEDED


b) The agreement shall be applicable onlywithin an area in each state that is situated alongthe boundary between the states and that issubstantially equal in size

c) The usage permitted of the vehicles in the

two areas shall be as substantially equal as may bepracticable

d) The areas and usage subject to the agree-

ment shall be described in the agreement

e) Proportional registration shall not berequired under the agreement

f) The agreement shall comply with othermandatory provisions of this section and maycontain any other provisions described under thissection

g) A vehicle operating under the agreementmay be required to obtain a permit under ORS803 610

12) An agreement may require the display orsubmission of evidence of registration for anyvehicle operating under the agreement 11983 c 338

142, 1985 c 16 § 43, 1985 c 668 § 3]

802. 510 Authority for proportionalregistration agreements; permitted provi-

sions; requirements; limitations. The admin-

istrator may enter into agreements with the dulyauthorized representatives of any jurisdiction

that issues out -of -state registration to provide forproportional registration of vehicles and for theapportionment of registration fees and other

fixed fees and taxes on vehicles proportionallyregistered in this state and the other jurisdiction

All of the following apply to an agreement established under authority granted by this section

1) An agreement may provide proportionalregistration only for commercial vehicles that areengaged in mterjurisdictional commerce or com-

bined mterjunsdictional and intrajunsdictional

commerce

2) An agreement may provide for proportional registration for vehicles individually or infleets but must comply with the requirements forproportional registration under ORS 805 140 for

all proportionally registered vehicles and with therequirements under ORS 805 150 for all propor-

tionally registered fleets

3) An agreement may include provisionsnecessary to facilitate the administration of proportional registration

4) Any apportionment of registration feesand other fixed vehicle fees or taxes may be madeon a basis commensurate with and determined onthe miles traveled on and use made of the highways of this state as compared with the miles

traveled on and use made of other jurisdictions'

highways or may be made on any other equitablebasis of apportionment.

5) No agreement shall contain any provisionthat requires -a vehicle to be proportionally registered if the vehicle is

a) Registered by this state,

b) Operating in this state under any vehiclepermit that allows operation of an unregistered

vehicle, or

c) Legally operated in this state under anexemption provided under ORS 803 305

6) Nothing in an agreement shall affect theright of the administrator to adopt rules as

described in this subsection The administrator

may adopt any rules the administrator deemsnecessary to effectuate and administer the provisions of the agreement

7) An agreement shall only provide for proportional registration of vehicles if the vehicle is

any of the following - a) Registered in the jurisdiction where the


b) Registered in a jurisdiction where thecommercial enterprise in which the vehicle is

used has a place of business where the vehicle hasbeen assigned and from which or in which the

vehicle is most frequently dispatched, garaged, serviced, maintained, operated or otherwise con-

trolled

c) Registered in a- jurisdiction where the

vehicle has been registered because of an agree-

ment between two jurisdictions or a declaration

issued by any jurisdiction8) An agreement shall retain the right of the

division to make the final determination as to theproper place of registration of a vehicle when

there is a dispute or doubt concerning the properplace of registration An agreement shall retain

the right of the division to confer with the departments of other jurisdictions affected when mak-

ing a determination under this subsection9) An agreement may provide that the divi-

sion may deny any person further benefits underthe agreement until all fees or taxes have been

paid if the division determines that the person

should have proportionally registered more vehicles in this state or paid additional fees or taxes

on vehicles proportionally registered in this state

10) An agreement may provide for arrangements with agencies of this state or other juris-

dictions for joint audits of owners of

proportionally registered vehicles and for the

1246

SUPERSEDED


exchange of audit information on persons who

have proportionally registered vehicles

11) An agreement may authorize a vehiclethat would otherwise be required to be registeredin one jurisdiction to be registered in another

jurisdiction without losing any benefits under theagreement if the vehicle is operated from a baselocated in the other jurisdiction

12) An agreement may allow the lessee orlessor of a vehicle, subject to the terms andconditions of the lease, to receive benefits ofproportional registration under the agreement

13) An agreement may authorize the division to suspend or cancel any benefits under theagreement if the person violates any of the termsor conditions of the agreement or violates any lawor rule of this state relating to vehicles

14) All agreements shall be in writing andshall be filed with the division within 10 daysafter execution or the effective date of the agreement, whichever is later

15) Vehicles that are proportionally registered under an agreement, whether individuallyor in a fleet, are fully registered in this state forpurposes of ORS 803 300 and any other portionof the vehicle code and are accorded the same

privileges and duties as other vehicles registered

in this state even though the vehicle may haveprimary registration in some other jurisdiction

This subsection does not grant authority requiredfor intrastate movement where such authority isrequired under ORS chapter 767 Such authoritymust be granted in accordance with ORS chapter767

16) An agreement may only provide thebenefits of proportional registration to a vehicle

that is registered either proportionally or otherwise in at least one other jurisdiction in addition

to this one

17) Nothing in an agreement shall affect theright of the administrator to act under this sub-

section The administrator may refuse to issueproportional registration in this state for vehiclesfrom jurisdictions that do not grant similar priv-

ileges for vehicles from this state

18) An agreement shall not provide for anybenefit, exemption or privilege with respect to

fuel taxes, use fuel taxes, weight mile taxes or anyother fees or taxes levied or assessed against the


19) An agreement may control the requirements for type, manner of display, number andother provisions relating to registration plates, registration cards or other proof of registration

for vehicles that are subject to the agreement

1983 c 338 § 144, 1985 c 16 § 44, 1985 c 668 § 51

802. 520 Authority to grant registration privileges or exemptions to vehicles

registered in other jurisdictions; declara-

tion; limitations. The administrator mayexamine the laws and requirements of any jurisdiction that issues out -of -state registration and

may grant a privilege or a registration exemptiondescribed in this section to vehicles or owners ofvehicles registered in that jurisdiction All of the

following apply to the authority granted by thissection

1) The administrator may only grant privileges or registration exemptions under this sec-

tion to vehicles that are registered m jurisdictions

that do not have an agreement with this state for

privileges or registration exemptions under ORS802 500 or an agreement for proportional regis-

tration with this state under ORS 802 510

2) All grants of privileges and registration

exemptions under this section shall be by declaration, shall be in writing and shall be filed with thedivision within 10 days after execution or effective date, whichever is later

3) A declaration may grant benefits, privileges and exemptions with respect to the opera-

tion of commercial or noncommercial vehicles in

this state of the same type that may be established by agreement under ORS 802 500

4) A declaration shall only grant the privileges, benefits and exemptions to a vehicle or the

owner of a vehicle if the vehicle is any of thefollowing

a) Registered in the jurisdiction where the


b) A commercial vehicle registered in a jurisdiction where the commercial enterprise in which

the vehicle is used has a place of business To

qualify under this paragraph the vehicle must beassigned to the place of business and the place ofbusiness must be the place from which or in

which the vehicle is most frequently dispatched, garaged, serviced, maintained, operated or other-

wise controlled

c) A commercial vehicle registered in a juris-

diction where the vehicle has been registered

because of an agreement between two jurisdic-

tions or a declaration issued by any jurisdiction5) The division shall make any final deter-

mination in any case of doubt or dispute as to theproper place of registration of a vehicle, but mayconfer with departments of other jurisdictionsaffected

1247

SUPERSEDED


6) A declaration shall not provide for anybenefit, exemption or privilege with respect to

fuel taxes, use fuel taxes, weight mile taxes orother fees or taxes levied or assessed against the


7) A declaration shall only grant benefits, exemptions or privileges that are, in the judgment

of the administrator, in the best interest of thisstate and its citizens, fair and equitable to thisstate and its citizens and determined on the basisand with recognition of benefits that accrue to

the economy of this state from the uninterruptedflow of commerce

8) A declaration may authorize a vehiclethat would otherwise be required to be registeredin one jurisdiction to be registered in another

jurisdiction without losing any benefit, exemption or privilege under the declaration if the

vehicle is operated from a base located in theother jurisdiction

9) A declaration may allow the lessee orlessor of a vehicle, subject to the terms andconditions of the lease, to receive benefits,

exemptions and privileges under the declaration

10) A declaration may authorize the divisionto suspend or cancel any exemptions, benefits orprivileges granted to any person under the declaration if the person violates any of the terms orconditions of the declaration or violates any lawor rule of this state relating to vehicles 11983 c 338

143, 1985 c 668 § 41

802. 530 Authority for reciprocalagreements concerning traffic offenses; permitted provisions; fees; limitations;

rules; report. The Motor Vehicles Division isauthorized to enter into bilateral, reciprocal

agreements with other jurisdictions to provide

mutual assistance in the disposition of traffic

offenses committed by residents of one jurisdiction while in the other jurisdiction Agreements

authorized by this section are subject to thefollowing

1) An agreement may provide for the sharingof information between jurisdictions concerningdriving records, vehicle registration records andrecords concerning the granting, denial, revocation or suspension of driving privileges

2) An agreement may provide that a jurisdiction will suspend the driving privileges of a resident of the jurisdiction if the resident does not

comply with the requirements and responsibilities created by citation for or conviction of atraffic offense in the other jurisdiction

3) An agreement may provide that a jurisdiction will refuse to issue or renew a driver license

or permit or to issue a duplicate or replacementlicense or permit for a resident of the jurisdiction

if the resident does not comply with the requirements and responsibilities created by citation foror conviction of a traffic offense in the other

jurisdiction

4) An agreement may be limited to certaintraffic offenses

5) An agreement may provide for the establishment of fees for and collection of fees frompersons cited for traffic offenses or convicted oftraffic offenses who are subject to the terms of the

agreement Any agency of this state that partici- pates in a program established by an agreementauthorized by this section is granted authority toestablish fees for and collect fees from persons

subject to an agreement Fees established for

purposes of this subsection must be established

by rule No fee established for purposes of thissubsection may exceed an amount necessary torecover the actual cost incurred by participationin the program established by the agreement

6) An agreement may provide that residentsof one jurisdiction who are issued citations fortraffic offenses in the other jurisdiction will be

released on recognizance without requirement of

security deposit or bail No provision describedunder this subsection may be established byagreement unless the Oregon Supreme Courtestablishes rules under ORS 1520 to provideprocedures for the participation of courts

7) An agreement may provide that one jurisdiction will act as agent for the other jurisdictionin the disposition of traffic offenses committed inthe other jurisdiction No provision described

under this subsection may be established thatrequires the participation of courts of this state

unless the Oregon Supreme Court establishesrules under ORS 1 520 to provide procedures forcourt participation

8) No agreement may be established underthis section to provide for assistance in dealingwith

a) Offenses other than traffic offenses

b) Parking offenses

c) Bicycle offenses

d) Pedestrian offenses

9) Any agreement established under thissection must provide that this state may withdraw from the agreement upon notice of not morethan 60 days

10) An agreement may include any otherprovision that the Motor Vehicles Division determines will assist in the disposition of traffic

1248

SUPERSEDED


offenses committed by residents of one jurisdiction while in the other jurisdiction or will

increase the convenience for residents of this

state in complying with requirements and

responsibilities created by citation for or conviction of a traffic offense in the other jurisdiction

11) The Motor Vehicles Division may adoptrules necessary to implement any agreementestablished under this section

12) The Motor Vehicles Division must sub-

mit a report on any agreement proposed under

this section to the presiding officers of each houseof the Oregon Legislative Assembly at least 30days before the agreement may take effect Anagreement described under this section cannottake effect in this state unless the division com-

plies with this subsection 11985 c 396 gel

802. 540 Driver License Compact. The

Driver License Compact 1s enacted into law andentered into on behalf of this state with all other

states legally joining therein in a form substantially as follows

ARTICLE I

FINDINGS AND DECLARATION OFPOLICY

a) The party states find that

1) The safety of their streets and highways ismaterially affected by the degree of compliancewith state laws and local ordinances relating tothe operation of motor vehicles

2) Violation of such a law or ordinance is

evidence that the violator engages in conduct

which is likely to endanger the safety of personsand property

3) The continuance in force of a license todrive is predicated upon compliance with lawsand ordinances relating to the operation of motorvehicles, in whichever jurisdiction the vehicle is

operated

b) It is the policy of each of the party statesto

1) Promote compliance with the laws, ordinances, and administrative rules and regulations

relating to the operation of motor vehicles bytheir operators in each of the jurisdictions where

such operators drive motor vehicles

2) Make the reciprocal recognition of

licenses to drive and eligibility therefor more justand equitable by considering the overall compliance with motor vehicle laws, ordinances andadministrative rules and regulations as a condi-

tion precedent to the continuance or issuance of

any license by reason of which the licensee is

authorized or permitted to operate a motor vehi-

cle in any of the party states

ARTICLE II

DEFINITIONS

As used in this compact

a) " State" means a state, territory or possession of the United States, the District of Colum- bia, or the Commonwealth of Puerto Rico

b) " Home state" means the state which hasissued and has the power to suspend or revoke the

use of the license or permit to operate a motorvehicle

c) " Conviction" means a conviction of anyoffense related to the use or operation of a motor

vehicle which is prohibited by state law, municipal ordinance or administrative rule or regula-

tion, or a forfeiture of bail, bond or other securitydeposited to secure appearance by a personcharged with having committed any such offense, and which conviction or forfeiture is required to

be reported to the licensing authorityARTICLE III

REPORTS OF CONVICTION

The licensing authority of a party state shallreport each conviction of a person from another

party state occurring within its jurisdiction to thelicensing authority of the home state of thelicensee Such report shall clearly identify theperson convicted, describe the violation specifying the section of the statute, code or ordinanceviolated, identify the court in which action was

taken, indicate whether a plea of guilty or notguilty was entered, or the conviction was a resultof the forfeiture of bail, bond or other security, and shall include any special findings made inconnection therewith

ARTICLE IV

EFFECT OF CONVICTION

a) The licensing authority in the home state, for the purposes of suspension, revocation or

limitation of the license to operate a motor vehicle, shall give the same effect to the conduct

reported, pursuant to Article III of this compact,

as it would if such conduct had occurred in the

home state, in the case of convictions for

1) Manslaughter or negligent homicide

resulting from the operation of a motor vehicle, 2) Driving a motor vehicle while under the

influence of intoxicating liquor or a narcotic drugor a controlled substance, or under the influence

of any other drug or substance to a degree whichrenders the driver incapable of safely driving amotor vehicle,

1249

SUPERSEDED

502.540 OREGON VEHICLE CODE

3) Any felony in the commission of which amotor vehicle is used,

4) Failure to stop and render aid in the eventof a motor vehicle accident resulting in the deathor personal injury of another

b) As to other convictions, reported pur-

suant to Article III, the licensing authority in thehome state shall give such effect to the conduct as

is provided by the laws of the home state

c) If the laws of a party state do not providefor offenses or violations denominated or

described in precisely the words employed insubdivision ( a) of this Article, such party stateshall construe the denominations and descriptions appearing in subdivision ( a) hereof as beingapplicable to and identifying those offenses orviolations of a substantially similar nature and

the laws of such party state shall contain suchprovisions as may be necessary to ensure that fullforce and effect is given to this Article

ARTICLE V

APPLICATIONS FOR NEW LICENSES

Upon application for a license to drive, the

licensing authority in a party state shall ascertainwhether the applicant has ever held, or is theholder of a license to drive issued by any otherparty state The licensing authority in the statewhere application is made shall not issue a licenseto drive to the applicant if

1) The applicant has held such a license, but

the same has been suspended by reason, in wholeor in part, of a violation and if such suspension

period has not terminated

2) The applicant has held such a license, but

the same has been revoked by reason, in whole orin part, of a violation and if such revocation hasnot terminated, except that after the expiration

of one year from the date the license was revoked,

such person may make application for a newlicense if permitted by law The licensing authority may refuse to issue a license to any suchapplicant if, after investigation, the licensingauthority determines that it will not be safe togrant to such person the privilege of driving amotor vehicle on the public highways

3) The applicant is the holder of a license to

drive issued by another party state and currentlyin force unless the applicant surrenders such

license

ARTICLE VI

APPLICABILITY OF OTHER LAWS

Except as expressly required by provisions ofthis compact, nothing contained herein shall beconstrued to affect the right of any party state to

apply any of its other laws relating to licenses todrive to any person or circumstance, nor to invalidate or prevent any driver license agreement orother cooperative arrangement between a partystate and a nonparty state

ARTICLE VII

COMPACT ADMINISTRATOR AND

INTERCHANGE OF INFORMATION

a) The head of the licensing authority ofeach party state shall be the administrator of thiscompact for his state The administrators, actingjointly, shall have the power to formulate allnecessary and proper procedures for the exchangeof information under this compact

b) The administrator of each party stateshall furnish to the administrator of each other

party state any information or documents reasonably necessary to facilitate the administration ofthis compact

ARTICLE VIII

ENTRY INTO FORCE ANDWITHDRAWAL

a) This compact shall enter into force and

become effective as to any state when it hasenacted the same into law

b) Any party state may withdraw from thiscompact by enacting a statute repealing the same, but no such withdrawal shall take effect until six

months after the executive head of the withdraw-

ing state has given notice of the withdrawal to theexecutive heads of all other party states Nowithdrawal shall affect the validity or

applicability by the licensing authorities of statesremaining party to the compact of any report ofconviction occurring prior to the withdrawal

ARTICLE IX

CONSTRUCTION AND SEVERABILITY

This compact shall be liberally construed soas to effectuate the purposes thereof The provi-

sions of this compact shall be severable and if anyphrase, clause, sentence or provision of this com-

pact is declared to be contrary to the constitutionof any party state or of the United States or theapplicability thereof to any government, agency, person or circumstance is held invalid, the valid-

ity of the remainder of this compact and theapplicability thereof to any government, agency, person or circumstance shall not be affected

thereby If this compact shall be held contrary tothe constitution of any state party thereto, thecompact shall remain in full force and effect as to

the remaining states and in full force and effect asto the state affected as to all severable matters

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SUPERSEDED


11983 c 338 § 168]

802. 550 Administrative provisions

relating to license compact. The followingrelate to the Driver License Compact under ORS802 540

1) The Administrator of the Motor VehiclesDivision of the Department of Transportation or

the administrator' s deputy shall act as the compact administrator The compact administrator

shall not be entitled to any additional compensation on account of service as compact admin-

istrator, but shall be entitled to expenses incurredin connection with such service, payable the same

as expenses in connection with services as the

normal duties of the person

2) When reference in the compact is made tothe executive head in this state, the referenceapplies to the Governor of this state

3) When reference in the compact is made to

the licensing authority in this state, the referenceapplies to the Motor Vehicles Division of theDepartment of Transportation

4) In accordance with subdivision ( c) of

Article IV of the compact, the following offensesor violations provided by Oregon law hereby aredesignated as offenses or violations of a substan-

tially similar nature as the respective denominations and descriptions of conduct appearing insubdivision (a) of Article IV of the compact

a) ORS 809 410 ( 1) - Article IV (a) ( 1)

b) ORS 813 400 - Article IV (a) ( 2)

c) ORS 809 410 ( 4) - Article IV (a) ( 3)

d) ORS 809 410 ( 5) - Article IV (a) ( 4)

5) Offenses or violations other than thosereferred to In subsection ( 4) of this section

reported to the department pursuant to ArticleIII of the compact shall be given effect within thepurpose of Article IV (b) of the compact as the

other laws of this state provide f198 c 338 91691

802. 560 Multistate Highway Transpor- tation Agreement. The Multistate HighwayTransportation Agreement is hereby enacted intolaw and entered into on behalf of this state with

all other jurisdictions legally ,joining therein in aform substantially as follows

ARTICLE I

FINDINGS AND PURPOSES

SECTION 1 Findings The participatingjurisdictions find that

a) The expanding regional economy dependson expanding transportation capacity,

b) Highway transportation is the majormode for movement of people and goods in the

western states,

c) Uniform application in the west of moreadequate vehicle size and weight standards will

result in a reduction of pollution, congestion, fuel

consumption and related transportation costs,

which are necessary to permit increased produc- tivity,

d) A number of western states, already having adopted substantially the 1964 Bureau ofPublic Roads recommended vehicle size and

weight standards, still find current federal limitsmore restrictive,

e) The 1974 revision of federal law ( 23

US C 127) did not contain any substantialimprovements for vehicle size and weight stan-

dards in the western states and deprives states of

interstate matching money if vehicle weights andwidths are increased, even though the interstate

system is nearly ninety -two percent ( 92 %) com-

plete, and

f) The participating jurisdictions are mostcapable of developing vehicle size and weightstandards most appropriate for the regional econ-

omy and transportation requirements, consistentwith and in recognition of principles of highwaysafety

SECTION 2 Purposes The purposes of thisagreement are to

a) Adhere to the principle that each par-

ticipating jurisdiction should have the freedom todevelop vehicle size and weight standards that itdetermines to be most appropriate to its economyand highway system

b) Establish a system authorizing the operation of vehicles traveling between two (2) or moreparticipating jurisdictions at more adequate sizeand weight standards

c) Promote uniformity among participatingjurisdictions in vehicle size and weight standards

on the basis of the objectives set forth in thisagreement

d) Secure uniformity insofar as possible, ofadministrative procedures in the enforcement of

recommended vehicle size and weight standards

e) Provide means for the encouragement andutilization of research which will facilitate the

achievement of the foregoing purposes, with dueregard for the findings set forth in section 1 of

this article

1251

ARTICLE II

DEFINITIONS

SUPERSEDED


SECTION 1 As used in this agreement

a) " Designated representative" means a legislator authorized to represent the ,jurisdiction

appointed by the President of the Senate and theSpeaker of the House of Representatives in consultation

b) " Jurisdiction" means a state of the UnitedStates or the District of Columbia

c) " Vehicle" means any vehicle as defined bystatute to be subject to size and weight standards

which operates in two or more participating jurisdictions

ARTICLE III

GENERAL PROVISIONS

SECTION 1 Qualifications for Mem-

bership Participation in this agreement is opento jurisdictions which subscribe to the findings, purposes and objectives of this agreement and

will seek legislation necessary to accomplishthese objectives

SECTION 2 Cooperation The participat-

ing jurisdictions, working through their designated representatives, shall cooperate and assist

each other in achieving the desired goals of thisagreement pursuant to appropriate statutory

authority

SECTION 3 Effect of Headings Article and

section headings contained herein shall not be

deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of theprovisions of any article or section hereof

SECTION 4 Vehicle Laws and Regula- tions This agreement shall not authorize the

operation of a vehicle in any participating juris-

diction contrary to the laws or regulationsthereof

SECTION 5 Interpretation The final deci-

sion regarding interpretation of questions at issue

relating to this agreement shall be reached byunanimous joint action of the participating juris-

dictions, acting through the designated representatives Results of all such actions shall be placed

in writing

SECTION 6. Amendment This agreement

may be amended by unanimous joint action of theparticipating jurisdictions, acting through theofficials thereof authorized to enter into this

agreement, subject to the requirements of section

4, Article III Any amendment shall be placed inwriting and become a part hereof

SECTION 7 Restrictions, Conditions or

Limitations Any jurisdiction entering thisagreement shall provide each other participating

jurisdiction with a list of any restriction, condi-

tion or limitation on the general terms of this

agreement, if any

SECTION 8 Additional Jurisdic-

tions Additional jurisdictions may becomemembers of this agreement by signing andaccepting the terms of the agreement

ARTICLE IV

COOPERATING COMMITTEE

SECTION 1 Pursuant to section 2, Article

III, the designated representatives of the par -

ticipating jurisdictions shall constitute a committee which shall have the power to

a) Collect, correlate, analyze and evaluateinformation resulting or derivable from researchand testing activities in relation to vehicle sizeand weight related matters

b) Recommend and encourage the undertak-

ing of research and testing in any aspect ofvehicle size and weight or related matter when, in

their collective judgment, appropriate or suffici-

ent research or testing has not been undertakenc) Recommend changes in law or policy with

emphasis on compatibility of laws and uniformityof administrative rules or regulations which

would promote effective governmental action or

coordination in the field of vehicle size andweight related matters

SECTION 2. Each participating jurisdictionshall be entitled to one ( 1) vote only No action ofthe committee shall be binding unless a majorityof the total number of votes cast by participatingjurisdictions are in favor thereof

SECTION 3 The committee shall meet at

least once annually and shall elect, from amongits members, a chairman, a vice - chairman and a

secretary

SECTION 4 The committee shall submit

annually to the legislature of each participatingjurisdiction, no later than November 1, a report

setting forth the work of the committee duringthe preceding year and including recommendations developed by the committee The committee may submit such additional reports as itdeems appropriate or desirable Copies of all such

reports shall be made available to the Transpor-

tation Committee of the Western Conference, Council of State Governments, and to the West- ern Association of State Highway and Transpor- tation Officials

ARTICLE V

OBJECTIVES OF THEPARTICIPATING JURISDICTIONS

SECTION 1 Objectives The participatingjurisdictions hereby declare that

1252

SUPERSEDED


a) It is the objective of the participatingjurisdictions to obtain more efficient and more

economical transportation by motor vehiclesbetween and among the participating jurisdictions by encouraging the adoption of standardsthat will, as minimums, allow the operation on all

State highways, except those determined through

engineering evaluation to be inadequate, with asingle -axle weight of 20,000 pounds, a tandem - axle weight of 34, 000 pounds, and a gross vehicle

or combination weight of that resulting fromapplication of the formulaW = 500 (( LN /N - 1) + 12N + 36)

where W = maximum weight in pounds

carried on any group of two or moreaxles computed to nearest 500

pounds

L = distance in feet between

the extremes of any group of twoor more consecutive axles

N = number of axles in group

under consideration

b) It is the further objective of the par-

ticipating jurisdictions that in the event the operation of a vehicle or combination of vehicles

according to the provisions of subsection ( a) ofthis section would result in withholding or forfeiture of federal -aid funds pursuant to section

127, title 23, U S Code, the operation of suchvehicle or combination of vehicles at axle and

gross weights within the limits set forth in sub-

section ( a) of this section will be authorized under

special permit authority by each participatingjurisdiction which could legally issue such permits prior to July 1, 1956, provided all regulationsand procedures related to such issuance in effect

as of July 1, 1956, are adhered toc) The objectives of subsections ( a) and ( b)

of this section relate to vehicles or combinations

of vehicles in regular operation, and the authorityof any participating jurisdiction to issue specialpermits for the movement of any vehicle or combinations of vehicles having dimensions and /orweights in excess of the maximum statutory limits in each participating jurisdiction will not beaffected

d) It is the further objective of the par-

ticipating jurisdictions to facilitate and expeditethe operation of any vehicle or combination ofvehicles between and among the participatingjurisdictions under the provisions of subsection

a) or ( b) of this section, and to that end the

participating jurisdictions hereby agree, throughtheir designated representatives, to meet and

cooperate in the consideration of vehicle size and

weight related matters including, but not limited

to, the development of uniform enforcement procedures, additional vehicle size and weight stan-

dards, operational standards, agreements orcompacts to facilitate regional application and

administration of vehicle size and weight stan-

dards, uniform permit procedures, uniform

application forms, rules and regulations for the

operation of vehicles, including equipmentrequirements, driver qualifications, and operat-

ing practices, and such other matters as may bepertinent

e) In recognition of the limited prospects of

federal revision of section 127, title 23, U S Code,

and in order to protect participating jurisdictions

against any possibility of withholding or forfeiture of federal -aid highway funds, it is thefurther objective of the participating jurisdictionsto secure congressional approval of this agree-

ment and, specifically of the vehicle size andweight standards set forth in subsection ( a) of

this section

f) In recognition of desire for a degree of

national uniformity of size and weight regulations, it is the further objective to encouragedevelopment of broad, uniform size and weightstandards on a national basis, and further that

procedures adopted under this agreement be com-

patible with national standards

ARTICLE VI

ENTRY INTO FORCE AND

WITHDRAWAL

SECTION 1 This agreement shall enter into

force when enacted into law by any two ( 2) ormore jurisdictions Thereafter, this agreement

shall become effective as to any other jurisdictionupon its enactment thereof, except as otherwise

provided in section 8, Article III

SECTION 2 Any participating jurisdictionmay withdraw from this agreement by cancelingthe same but no such withdrawal shall take effect

until thirty (30) days after the designated representative of the withdrawing jurisdiction hasgiven notice in writing of the withdrawal to allother participating jurisdictions

ARTICLE VII

CONSTRUCTION AND SEVERABILITY

SECTION 1 This agreement shall be liber-

ally construed so as to effectuate the purposesthereof

SECTION 2 The provisions of this agree-

ment shall be severable and if any phrase, clause, sentence or provision of this agreement is

declared to be contrary to the constitution of anyparticipating jurisdiction or the applicability

1253

SUPERSEDED


thereto to any government, agency, person or

circumstance is held invalid, the validity of theremainder of this agreement shall not be affected

thereby If this agreement shall be held contraryto the constitution of any jurisdiction participating herein, the agreement shall remain in fullforce and effect as to the jurisdictions affected as

to all severable matters

ARTICLE VIII

FILING OF DOCUMENTS

SECTION 1 A copy of this agreement, itsamendments, and rules or regulations promul-

gated thereunder and interpretations thereof

shall be filed in the highway department in eachparticipating jurisdiction and shall be made available for review by interested parties

ARTICLE IX

EXISTING STATUTES, NOTREPEALED

SECTION 1 All existing statutes prescribingweight and size standards and all existing stat-

utes relating to special permits shall continue tobe of force and effect until amended or repealed

by law

ARTICLE X

STATE GOVERNMENT

DEPARTMENTS

AUTHORIZED TO COOPERATE

WITH COOPERATING COMMITTEE

SECTION 1 Within appropriations avail-

able therefor, the departments, agencies andofficers of the government of this state shall

cooperate with and assist the cooperating committee within the scope contemplated by ArticleIV, section 1( a) and ( b) of the agreement. Thedepartments, agencies and officers of the govern-

ment of this state are authorized generally tocooperate with said cooperating committee

1983 c 338 § 172, 1985 c 172 § 5]

802. 570 Compensation and reimburse-

ment for legislative representative underMultistate Highway Transportation Agree- ment. The legislator who is the designated representative under ORS 802 560 is entitled tocompensation and expense reimbursement under

ORS 171072, payable from funds appropriated to

the Legislative Assembly 11987 c 879 § 211

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SUPERSEDED

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