Related Laws - Oregon

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Related Laws

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Chapter 1532019 EDITION

Violations and Fines

VIOLATIONS(Generally)

153.005 Definitions153.008 Violations described153.012 Violation categories153.015 Unclassified and specific fine violations153.018 Maximum fines153.019 Presumptive fines; generally153.020 Presumptive fines; highway work zones,

school zones and safety corridors153.021 Minimum fines; audit of court153.022 Authority of agency to specify rule vio-

lation as particular level of violation153.025 Authority of political subdivision to spec-

ify ordinance violation as particular levelof violation

(Procedures)153.030 Applicability; statute of limitations153.033 Rules of procedure153.036 Venue153.039 Stop and detention for violation153.042 Citations; issuance153.045 Citation; requirements153.048 Complaint; requirements153.051 Summons; requirements153.054 Service and filing153.058 Initiation of violation proceeding by pri-

vate party153.061 Appearance by defendant153.064 Warrant for arrest upon failure to appear

(Trial)153.070 When trial required153.073 Time and place153.076 Conduct of trial153.080 Testimony by affidavit or declaration153.083 Role of peace officer

(Judgment)153.090 Provisions of judgment153.096 Suspension of fine in certain cases153.099 Entry; nondefault cases153.102 Entry; default cases153.105 Relief from default judgment153.108 Effect of judgment

153.111 Distribution of abstracts of convictions

(Appeal)153.121 Appeal

TRAFFIC OFFENSES153.530 Designation of speed in complaint and

summons charging violation of basicspeed rule or speed limit

153.535 Delivery of summons for certain trafficoffenses

153.624 Costs for obtaining driving records

DISPOSITION OF FINES AND COSTSIMPOSED IN CRIMINAL ACTION

153.633 Distribution to state153.640 Disposition of fines for traffic offenses;

circuit court153.645 Disposition of fines for traffic offenses;

justice court153.650 Disposition of fines for traffic offenses;

municipal court153.655 Disposition of fines for mass transit dis-

trict ordinance violations153.657 Disposition of fines for school attendance

violations153.660 Use of amounts paid to county treasurer153.675 Disposition of amounts payable to state

and local governments153.680 Costs

MISCELLANEOUS153.770 Electronic filing of citation for offenses

subject to written uniform citation153.772 Suspension of driving privileges for failure

to appear; limitation on district attorney’sauthority

VIOLATIONS BUREAUS153.800 Violations Bureau established by court;

uniform fine schedule153.806 Central Violations Bureau; rules

MULTNOMAH COUNTY PARKINGVIOLATION PROCEDURES

153.820 Special procedures for parking violationsin Multnomah County

PENALTIES153.990 Penalty for false certification153.992 Penalty for failure to appear

Title 14 Page 591 (2019 Edition)

PROCEDURE IN CRIMINAL MATTERS GENERALLY


VIOLATIONS AND FINES 153.018

VIOLATIONS

(Generally)153.005 Definitions. As used in this

chapter:(1) “Enforcement officer” means:(a) A member of the Oregon State Police.(b) A sheriff or deputy sheriff.(c) A city marshal or a member of the

police of a city, municipal or quasi-municipalcorporation.

(d) A police officer commissioned by auniversity under ORS 352.121 or 353.125.

(e) An investigator of a district attorney’soffice if the investigator is or has been cer-tified as a peace officer in this or any otherstate.

(f) An investigator of the Criminal Jus-tice Division of the Department of Justice ofthe State of Oregon.

(g) A Port of Portland peace officer.(h) A humane special agent as defined in

ORS 181A.345.(i) A regulatory specialist exercising au-

thority described in ORS 471.775 (2).(j) An authorized tribal police officer as

defined in ORS 181A.680.(k) Any other person specifically author-

ized by law to issue citations for the com-mission of violations.

(2) “Traffic offense” has the meaninggiven that term in ORS 801.555.

(3) “Violation” means an offense de-scribed in ORS 153.008.

(4) “Violation proceeding” means a judi-cial proceeding initiated by issuance of a ci-tation that charges a person withcommission of a violation. [1999 c.1051 §2; 2007c.71 §44; 2009 c.299 §3; 2011 c.506 §20; 2011 c.644 §§22,45;2012 c.54 §§14,15; 2012 c.67 §§7,8; 2013 c.180 §21,22; 2015c.174 §10; 2015 c.614 §§145,146]

153.008 Violations described. (1) Exceptas provided in subsection (2) of this section,an offense is a violation if any of the follow-ing apply:

(a) The offense is designated as a vio-lation in the statute defining the offense.

(b) The statute prescribing the penaltyfor the offense provides that the offense ispunishable by a fine but does not providethat the offense is punishable by a term ofimprisonment. The statute may provide forpunishment in addition to a fine as long asthe punishment does not include a term ofimprisonment.

(c) The offense is created by an ordinanceof a county, city, district or other politicalsubdivision of this state with authority tocreate offenses, and the ordinance provides

that violation of the ordinance is punishableby a fine but does not provide that the of-fense is punishable by a term of imprison-ment. The ordinance may provide forpunishment in addition to a fine as long asthe punishment does not include a term ofimprisonment.

(d) The prosecuting attorney has electedto treat the offense as a violation for pur-poses of a particular case in the mannerprovided by ORS 161.566.

(e) The court has elected to treat the of-fense as a violation for purposes of a partic-ular case in the manner provided by ORS161.568.

(2) Conviction of a violation does notgive rise to any disability or legal disadvan-tage based on conviction of a crime. [1999c.1051 §3]

153.012 Violation categories. Violationsare classified for the purpose of sentencinginto the following categories:

(1) Class A violations;(2) Class B violations;(3) Class C violations;(4) Class D violations;(5) Unclassified violations as described in

ORS 153.015; and(6) Specific fine violations as described in

ORS 153.015. [1999 c.1051 §4]

153.015 Unclassified and specific fineviolations. (1) An offense described in theOregon Revised Statutes that is designatedas a violation but does not specify the clas-sification of the violation is an unclassifiedviolation. An unclassified violation is a ClassB violation.

(2) A specific fine violation is any offensedescribed in the Oregon Revised Statutesthat is designated as a specific fine violationor:

(a) Is not designated as a crime or as aclass A, B, C or D violation;

(b) Is not punishable by a term of im-prisonment as a penalty for committing theoffense; and

(c) Is punishable by a specific fine as thepenalty for committing the offense. [1999 c.1051§5; 2011 c.597 §6a]

153.018 Maximum fines. (1) The penaltyfor committing a violation is a fine. The lawcreating a violation may impose other penal-ties in addition to a fine but may not imposea term of imprisonment.

(2) Except as otherwise provided by law,the maximum fine for a violation committedby an individual is:

(a) $2,000 for a Class A violation.(b) $1,000 for a Class B violation.


153.019 PROCEDURE IN CRIMINAL MATTERS GENERALLY

(c) $500 for a Class C violation.(d) $250 for a Class D violation.(e) $2,000 for a specific fine violation, or

the maximum amount otherwise establishedby law for the specific fine violation.

(3) If a special corporate fine is specifiedin the law creating the violation, the sen-tence to pay a fine shall be governed by thelaw creating the violation. Except as other-wise provided by law, if a special corporatefine is not specified in the law creating theviolation, the maximum fine for a violationcommitted by a corporation is:

(a) $4,000 for a Class A violation.(b) $2,000 for a Class B violation.(c) $1,000 for a Class C violation.(d) $500 for a Class D violation. [1999

c.1051 §6; 2003 c.737 §103; 2011 c.597 §7]

153.019 Presumptive fines; generally.(1) Except as provided in ORS 153.020, thepresumptive fines for violations are:

(a) $440 for a Class A violation.(b) $265 for a Class B violation.(c) $165 for a Class C violation.(d) $115 for a Class D violation.(2) The presumptive fine for a specific

fine violation is:(a) The amount specified by statute as

the presumptive fine for the violation; or(b) An amount equal to the greater of 20

percent of the maximum fine prescribed forthe violation, or the minimum fine prescribedby statute for the violation.

(3) Any surcharge imposed under ORS1.188 shall be added to and made a part ofthe presumptive fine. [2011 c.597 §2; 2016 c.78 §3;2017 c.712 §1]

153.020 Presumptive fines; highwaywork zones, school zones and safety cor-ridors. (1) If a person is charged with atraffic violation, as defined in ORS 801.557,and the enforcement officer issuing the cita-tion notes on the citation that the offenseoccurred in a highway work zone and issubject to the provisions of ORS 811.230, oc-curred in a posted school zone and is subjectto the provisions of ORS 811.235, or occurredin a safety corridor and is subject to theprovisions of ORS 811.483 or section 2, chap-ter 501, Oregon Laws 2019, the presumptivefine for the violation is:

(a) $875 for a Class A violation.(b) $525 for a Class B violation.(c) $325 for a Class C violation.(d) $225 for a Class D violation.(2) Any surcharge imposed under ORS

1.188 shall be added to and made a part of

the presumptive fine. [2011 c.597 §3; 2012 c.89 §10;2016 c.78 §4; 2017 c.712 §2; 2019 c.501 §3]

Note: The amendments to 153.020 by section 4,chapter 501, Oregon Laws 2019, become operative Janu-ary 2, 2026. See section 5, chapter 501, Oregon Laws2019. The text that is operative on and after January2, 2026, is set forth for the user’s convenience.

153.020. (1) If a person is charged with a trafficviolation, as defined in ORS 801.557, and the enforce-ment officer issuing the citation notes on the citationthat the offense occurred in a highway work zone andis subject to the provisions of ORS 811.230, occurred ina posted school zone and is subject to the provisionsof ORS 811.235, or occurred in a safety corridor and issubject to the provisions of ORS 811.483, the presump-tive fine for the violation is:

(a) $875 for a Class A violation.(b) $525 for a Class B violation.(c) $325 for a Class C violation.(d) $225 for a Class D violation.(2) Any surcharge imposed under ORS 1.188 shall

be added to and made a part of the presumptive fine.

153.021 Minimum fines; audit of court.(1) Except as otherwise provided by law, acourt may not defer, waive, suspend or oth-erwise reduce the fine for a violation that issubject to the presumptive fines establishedby ORS 153.019 (1) or 153.020 to an amountthat is less than:

(a) $225 for a Class A violation.(b) $135 for a Class B violation.(c) $85 for a Class C violation.(d) $65 for a Class D violation.(2) Except as otherwise provided by law,

a court may not defer, waive, suspend orotherwise reduce the fine for a specific fineviolation to an amount that is less than 20percent of the presumptive fine for the vio-lation.

(3) This section does not affect the man-ner in which a court imposes or reducesmonetary obligations other than fines.

(4) The Department of Revenue or Secre-tary of State may audit any court to deter-mine whether the court is complying withthe requirements of this section. In addition,the Department of Revenue or Secretary ofState may audit any court to determinewhether the court is complying with the re-quirements of ORS 137.145 to 137.159 and153.640 to 153.680. The Department of Re-venue or Secretary of State may file an ac-tion under ORS 34.105 to 34.240 to enforcethe requirements of this section and of ORS137.145 to 137.159 and 153.640 to 153.680.[2011 c.597 §4; 2012 c.89 §11; 2017 c.712 §3]

153.022 Authority of agency to specifyrule violation as particular level of vio-lation. If a statute provides that violation ofthe rules of an agency constitutes an offense,as described in ORS 161.505, the agency mayby rule specify that violation of a specificrule of the agency is subject to a specific



fine, or a specific maximum fine, that is lessin amount than the maximum fine for theoffense specified by the statute. In addition,the agency may specify that violation of thespecific rule is a Class A, B, C or D violationunder the provisions of ORS 153.012 as longas the class specified in the rule is lowerthan the statutory classification for the of-fense. [1999 c.1051 §76]

153.025 Authority of political subdivi-sion to specify ordinance violation asparticular level of violation. (1) If a statuteprovides that violation of the ordinances ofa political subdivision of this state consti-tutes an offense, as described in ORS 161.505,the political subdivision may by ordinancespecify that violation of a specific ordinanceof the political subdivision is subject to aspecific fine, or a specific maximum fine, thatis less in amount than the maximum fine forthe offense specified by the statute. In addi-tion, the political subdivision may specifythat violation of the specific ordinance is aClass A, B, C or D violation under the pro-visions of ORS 153.012 as long as the classspecified in the ordinance is lower than thestatutory classification for the offense.

(2) Nothing in this section requires apolitical subdivision to use the classificationsestablished by ORS 153.012 or to use thepresumptive fines established under ORS153.019 and 153.020 for violations of ordi-nances adopted by the political subdivision.[1999 c.1051 §78; 2011 c.597 §111]

(Procedures)153.030 Applicability; statute of limi-

tations. (1) The procedures provided for inthis chapter apply to violations described inORS 153.008. Except as specifically providedin this chapter, the criminal procedure lawsof this state applicable to crimes also applyto violations.

(2) Notwithstanding subsection (1) of thissection, ORS 153.633 and all other provisionsof this chapter and of the criminal procedurelaws of this state do not apply to violationsthat govern the parking of vehicles and thatare created by ordinance or by agency rule.

(3) The statute of limitations for pro-ceedings under this chapter is as provided inORS 131.125.

(4) This chapter does not affect the abil-ity of a city described in ORS 3.136 (1) toengage in the activities described in ORS3.136 (3). Nothing in this chapter affects theability of any other political subdivision ofthis state to provide for the administrativeenforcement of the charter, ordinances, rulesand regulations of the political subdivision,including enforcement through imposition ofmonetary penalties. Except for ordinances

governing the parking of vehicles, adminis-trative enforcement as described in this sub-section may not be used for any prohibitiondesignated as an offense.

(5) Nothing in this chapter affects theability of any political subdivision of thisstate to establish rules relating to adminis-trative enforcement as described in subsec-tion (4) of this section, including rulesproviding for the use of citations or otherprocedures for initiating administrative en-forcement proceedings.

(6) Nothing in this chapter affects theability of any political subdivision of thisstate to conduct hearings for administrativeenforcement as described in subsection (4) ofthis section, either before a hearing officeror before the governing body of the politicalsubdivision.

(7) Nothing in this chapter affects theability of any political subdivision to bring acivil action to enforce the charter, ordi-nances, rules and regulations of the politicalsubdivision, or to bring a civil action to en-force any order for administrative enforce-ment as described in subsection (4) of thissection.

(8) Nothing in ORS 153.042 affects theauthority of any political subdivision of thisstate to provide for issuance of citations forviolation of offenses created by ordinance onthe same basis as the political subdivisioncould under the law in effect immediatelybefore January 1, 2000. [1999 c.1051 §7; 2011 c.597§111a; 2012 c.89 §3]

153.033 Rules of procedure. The Su-preme Court may adopt rules for the conductof violation proceedings. Rules adopted bythe Supreme Court under this section mustbe consistent with the provisions of thischapter. Rules adopted under this sectionsupersede any local rule of a state court tothe extent the local rule is inconsistent withthe rule adopted by the Supreme Court. Allcity ordinances and municipal court rulesmust conform to any rules adopted by theSupreme Court under this section. [1999 c.1051§8]

153.036 Venue. (1) A violation proceed-ing may be commenced in:

(a) The county in which the violationwas committed; or

(b) Any other county whose county seatis a shorter distance by road from the placewhere the violation was committed than isthe county seat of the county in which theviolation was committed.

(2)(a) If a violation proceeding is com-menced in the county in which the violationwas committed, the proceeding may be com-menced in a circuit or justice court of the



county or, if the violation was committedwithin a city, in the municipal court.

(b) If a violation proceeding is com-menced in a county other than the county inwhich the violation was committed, the pro-ceeding may be commenced:

(A) In a circuit court;(B) Notwithstanding the provisions of

ORS 51.050 that limit the jurisdiction of jus-tice courts to offenses committed within thecounty, in a justice court; or

(C) If the violation was committed withina city, in the municipal court of the city.

(3) A Central Violations Bureau estab-lished under ORS 153.806 may conduct vio-lation proceedings for a violation commencedin circuit court notwithstanding the countyin which the proceeding is commenced.

(4)(a) Except as otherwise provided inparagraph (b) of this subsection, if a vio-lation proceeding is commenced in a countyother than the county in which the violationwas committed, at the request of the defend-ant the place of trial may be changed to thecounty in which the violation was commit-ted. A request for a change of the place oftrial shall be made prior to the date set forthe trial and shall be governed by the pro-visions of ORS 131.305 to 131.415 relating tochange of venue.

(b) A defendant may not request that theplace of trial be changed if the violation wascommitted within a city and the proceedingis commenced in the municipal court of thecity.

(5) Except as specifically provided in thissection, venue in violation proceedings incircuit courts is governed by ORS 131.305 to131.415. [1999 c.1051 §12; 1999 c.1051 §12a; 2003 c.528§1; 2019 c.60 §3]

153.039 Stop and detention for vio-lation. (1) An enforcement officer may notarrest, stop or detain a person for the com-mission of a violation except to the extentprovided in this section and ORS 810.410.

(2) An enforcement officer may stop anddetain any person if the officer has reason-able grounds to believe that the person hascommitted a violation. An enforcement offi-cer may stop and detain any employee, agentor representative of a firm, corporation orother organization if the officer has reason-able grounds to believe that the firm, corpo-ration or other organization has committeda violation.

(3) Except as provided in subsection (4)of this section, the period of detention maybe only as long as is necessary to:

(a) Establish the identity of the person,firm, corporation or organization believed tohave committed the violation;

(b) Conduct any investigation reasonablyrelated to the violation; and

(c) Issue a citation for the violation.(4) The authority of an enforcement offi-

cer to stop and detain a person for a trafficviolation as defined by ORS 801.557 is gov-erned by ORS 810.410. [1999 c.1051 §10]

153.042 Citations; issuance. (1) Exceptas provided in ORS 810.410 for issuance of acitation based on a traffic violation, as thatterm is defined in ORS 801.557, or as other-wise specifically provided by law, an en-forcement officer may issue a violationcitation only if the conduct alleged to con-stitute a violation takes place in the pres-ence of the enforcement officer and theenforcement officer has reasonable groundsto believe that the conduct constitutes a vi-olation.

(2) If the person receiving the citation isa firm, corporation or other organization, thecitation may be issued to an employee, agentor representative of the firm, corporation ororganization. [1999 c.1051 §9]

153.045 Citation; requirements. (1) Ex-cept as provided in subsection (5) of thissection, a citation conforming to the re-quirements of this section must be used byenforcement officers for all violations. Thecitation may contain other language in addi-tion to the language specified in this section.

(2) Uniform citation forms for violationsshall be adopted by the Supreme Court underORS 1.525. In adopting those forms, the Su-preme Court may combine the requirementsfor violation citations under this section andthe requirements for criminal citations underORS 133.066. More than one violation maybe charged on a single citation form, but acrime and a violation may not be charged onthe same citation form.

(3) A violation citation shall consist ofat least four parts. Additional parts may beinserted for administrative use. The requiredparts are:

(a) A complaint in the form prescribed byORS 153.048.

(b) The abstract of court record.(c) The police record.(d) A summons in the form prescribed by

ORS 153.051.(4) Each of the parts shall contain the

information or blanks required by rules ofthe Supreme Court under ORS 1.525.

(5) The complaint shall contain a form ofcertificate in which the enforcement officermust certify, under the penalties provided inORS 153.990, that the enforcement officerhas sufficient grounds to believe, and doesbelieve, that the person named in the com-



plaint committed the violation specified inthe complaint. A certificate conforming tothis subsection shall be deemed equivalentof a sworn complaint. [1999 c.1051 §13; 2005 c.566§2]

153.048 Complaint; requirements. (1)The complaint in a violation citation mustcontain at least the following:

(a) The name of the court, the name ofthe state or of the city or other public bodyin whose name the action is brought and thename of the defendant.

(b) A statement or designation of the vi-olation that can be readily understood by aperson making a reasonable effort to do soand the date, time and place at which theviolation is alleged to have been committed.

(c) A certificate under ORS 153.045 (5)signed by the enforcement officer.

(2) If the complaint does not conform tothe requirements of this section, the courtshall set the complaint aside upon motion ofthe defendant made before the entry of aplea. A pretrial ruling on a motion to setaside may be appealed by the state.

(3) A court may amend a complaint in itsdiscretion. [1999 c.1051 §14]

153.051 Summons; requirements. Asummons in a violation citation is sufficientif it contains the following:

(1) The name of the court, the name ofthe person cited, the date on which the cita-tion was issued, the name of the enforcementofficer issuing the citation, and the time andplace at which the person cited is to appearin court.

(2) A statement or designation of the vi-olation that can be readily understood by aperson making a reasonable effort to do soand the date, time and place at which theviolation is alleged to have been committed.

(3) A notice to the person cited that acomplaint will be filed with the court basedon the violation.

(4) The amount of the presumptive fine,if any, fixed for the violation.

(5) A statement notifying the person thata monetary judgment may be entered againstthe person for up to the maximum amountof fines, restitution and other costs allowedby law for the violation if the person fails tomake all required appearances at the pro-ceedings.

(6) A statement notifying the person that,if the person pleads no contest and deliversto the court the amount of the presumptivefine indicated on the citation, and the courtaccepts the plea, the amount of the fine im-posed against the defendant may not exceed

the amount of the presumptive fine indicatedon the citation.

(7) A statement notifying the person that,if the person pleads no contest and deliversto the court the amount of the presumptivefine indicated on the citation:

(a) The person may submit an explana-tion of the circumstances of the violation;and

(b) The court may consider the explana-tion in establishing the amount of the fine,but in no event can the court impose a finethat is less than the minimum fine estab-lished under ORS 153.021.

(8) A statement notifying the person that,if the person pleads not guilty and requestsa trial, the court cannot impose a fine thatis less than the minimum fine establishedunder ORS 153.021 unless the person is foundnot guilty, in which case no fine will be im-posed. [1999 c.1051 §15; 2011 c.597 §23]

153.054 Service and filing. Except asprovided in ORS 267.153, 810.439, 811.590,811.615 or 811.617 or other law, an enforce-ment officer issuing a violation citation shallcause the summons to be delivered to theperson cited and shall cause the complaintand abstract of court record to be deliveredto the court. [1999 c.1051 §16; 2017 c.427 §4]

153.058 Initiation of violation proceed-ing by private party. (1) A person otherthan an enforcement officer may commencea violation proceeding by filing a complaintwith a court that has jurisdiction over thealleged violation. The filing of the complaintis subject to ORS 153.048. The complaintshall be entered by the court in the courtrecord.

(2) A complaint under this section mustcontain:

(a) The name of the court, the name andaddress of the person bringing the action andthe name and address of the defendant.

(b) A statement or designation of the vi-olation that can be readily understood by aperson making a reasonable effort to do soand the date, time and place at which theviolation is alleged to have occurred.

(c) A certificate signed by the complain-ant stating that the complainant believesthat the named defendant committed the vio-lation specifically identified in the complaintand that the complainant has reasonablegrounds for that belief. A certificate con-forming to this section shall be deemedequivalent of a sworn complaint. Complaintsfiled under this section are subject to thepenalties provided in ORS 153.990.

(3) Upon the filing of a complaint underthis section, the court shall cause a summonsto be delivered to the defendant and shall



deliver a copy of the complaint to the districtattorney for the county in which the com-plaint is filed. The court may require anyenforcement officer to serve the summons.

(4) If the complaint does not conform tothe requirements of this section, the courtshall set it aside upon motion of the defend-ant made before the entry of a plea. A pre-trial ruling on a motion to set aside may beappealed by the state.

(5) A court may, acting in its sole dis-cretion, amend a complaint filed under theprovisions of this section.

(6) A court shall dismiss a complaint filedunder this section upon the motion of thedistrict attorney for the county or of the cityattorney for a city if:

(a) The district attorney or city attorneyhas brought a proceeding against the defend-ant named in the complaint or intends tobring a proceeding against the defendantnamed in the complaint; and

(b) The proceeding is brought by the dis-trict attorney or city attorney by reason ofthe same conduct alleged in the complaint.

(7) Any political subdivision of this statemay require by ordinance that violation pro-ceedings for the purpose of enforcing thecharter or ordinances of the political subdi-vision may not be commenced in the mannerprovided by this section and that those pro-ceedings may be commenced only by en-forcement officers.

(8) A person other than an enforcementofficer may commence a violation proceedingunder this section only for:

(a) Boating violations under ORS chapter830, or any violation of rules adopted pursu-ant to ORS chapter 830 if the violation con-stitutes an offense;

(b) Traffic violations under ORS chapters801 to 826, or any violation of rules adoptedpursuant to those chapters if the violationconstitutes an offense;

(c) Violations under the wildlife laws, asdescribed in ORS 496.002, or any violation ofrules adopted pursuant to those laws if theviolation constitutes an offense;

(d) Violations under the commercial fish-ing laws, as described in ORS 506.001, or anyviolation of rules adopted pursuant to thoselaws if the violation constitutes an offense;or

(e) Violations of ORS 618.121 to 618.161,and violation of rules adopted pursuant tothose laws if the violation constitutes an of-fense. [1999 c.1051 §11]

153.061 Appearance by defendant. (1)Except as provided in subsection (2) of this

section, a defendant who has been issued aviolation citation must either:

(a) Make a first appearance by personallyappearing in court at the time indicated inthe summons; or

(b) Make a first appearance in the man-ner provided in subsection (3) of this sectionbefore the time indicated in the summons.

(2) If a defendant is issued a violation ci-tation for careless driving under ORS 811.135on which a police officer noted that the of-fense contributed to an accident and that thecited offense appears to have contributed tothe serious physical injury or death of a vul-nerable user of a public way, the officer maynot enter the amount of the presumptive fineon the summons and the defendant mustmake a first appearance by personally ap-pearing in court at the time indicated in thesummons.

(3)(a) Except as provided in this section,a defendant who has been issued a violationcitation may make a first appearance in thematter before the time indicated in the sum-mons by one of the following means:

(A) The defendant may submit to thecourt a written or oral request for a trial.

(B) The defendant may enter a plea of nocontest by:

(i) Delivering to the court or a CentralViolations Bureau established under ORS153.806 the summons and a check or moneyorder in the amount of the presumptive fineset forth in the summons; or

(ii) Appearing by electronic or telephonicmeans and entering the plea with a CentralViolations Bureau established under ORS153.806.

(b) The entry of a plea under paragraph(a)(B) of this subsection constitutes a waiverof trial and consent to the entry of a judg-ment forfeiting the presumptive fine.

(c) A no contest plea under this subsec-tion is not subject to the requirements ofORS chapter 135 relating to the entry ofpleas and, upon receipt of the plea, the courtmay enter judgment against the defendantwithout taking further evidence.

(4) The court may require that a defend-ant requesting a trial under subsection (3) ofthis section deposit an amount equal to thepresumptive fine established under ORS153.019 and 153.020 or such other amount asthe court determines appropriate if the de-fendant has failed to appear in any court onone or more other charges in the past. If thedefendant does not deposit the amount speci-fied by the court, the defendant must per-sonally appear in court at the time indicatedin the summons. The amount deposited bythe defendant may be applied against any



fine imposed by the court, and any amountnot so applied shall be refunded to the de-fendant at the conclusion of the proceedings.

(5) The court may require a defendant toappear personally in any case, or may re-quire that all defendants appear in specifiedcategories of cases.

(6) If a defendant has entered a no con-test plea in the manner provided in subsec-tion (3) of this section, and the courtdetermines that the presumptive fine is notadequate by reason of previous convictionsof the defendant, the nature of the offensecharged or other circumstances, the courtmay require that a trial be held unless anadditional fine amount is paid by the defend-ant before a specified date. Notice of an ad-ditional fine amount under this subsectionmay be given to the defendant by mail. In noevent may the court require a total fineamount in excess of the maximum fine es-tablished for the violation by statute.

(7) If a defendant fails to make a firstappearance on a citation for a traffic vio-lation, as defined by ORS 801.557, fails tomake a first appearance on a citation for aviolation of ORS 471.430, or fails to appearat any other subsequent time set for trial orother appearance, the driving privileges ofthe defendant are subject to suspension un-der ORS 809.220. [1999 c.1051 §17; 2001 c.817 §2; 2007c.784 §5; 2011 c.597 §§25,313; 2012 c.89 §4; 2019 c.60 §4]

153.064 Warrant for arrest upon fail-ure to appear. (1) Except as provided insubsection (2) of this section, a warrant forarrest may be issued against a person whofails to make a first appearance on a citationfor a violation, or fails to appear at anyother subsequent time set for trial or otherappearance, only if the person is chargedwith failure to appear in a violation pro-ceeding under ORS 153.992.

(2) If a person fails to make a first ap-pearance on a citation for a violation, orfails to appear at any other subsequent timeset for trial or other appearance, the courtmay issue an order that requires the defend-ant to appear and show cause why the de-fendant should not be held in contempt. Theshow cause order may be mailed to the de-fendant by certified mail, return receipt re-quested. If service cannot be accomplishedby mail, the defendant must be personallyserved. If the defendant is served and fails toappear at the time specified in the showcause order, the court may issue an arrestwarrant for the defendant for the purpose ofbringing the defendant before the court. [1999c.1051 §18]

(Trial)153.070 When trial required. The court

may require that a trial be held in any vio-lation proceeding. If the defendant requestsa trial under ORS 153.061, or a trial is re-quired by the court or by law, the court shallset a date, time and place for the trial. [1999c.1051 §19; 2001 c.19 §2; 2003 c.518 §1]

153.073 Time and place. Unless noticeis waived by the defendant, the court shallmail or otherwise provide to the defendantnotice of the date, time and place at leastfive days before the date set for trial underORS 153.070. If the citation is for a trafficviolation, or is for a violation of ORS471.430, the notice must contain a warningto the defendant that if the defendant failsto appear at the trial, the driving privilegesof the defendant are subject to suspensionunder ORS 809.220. [1999 c.1051 §20; 2001 c.817 §3;2003 c.518 §1a]

153.076 Conduct of trial. (1) Violationproceedings shall be tried to the court sittingwithout jury. The trial in a violation pro-ceeding may not be scheduled fewer thanseven days after the date that the citation isissued unless the defendant waives theseven-day period.

(2) The state, municipality or politicalsubdivision shall have the burden of provingthe charged violation by a preponderance ofthe evidence.

(3) The pretrial discovery rules in ORS135.805 to 135.873 apply in violation pro-ceedings.

(4) The defendant may not be required tobe a witness in the trial of any violation.

(5) Defense counsel shall not be providedat public expense in any proceeding in whichonly violations are charged.

(6) A district attorney or city attorneymay aid in preparing evidence and obtainingwitnesses but, except upon good cause shownto the court, shall not appear in violationproceedings unless counsel for the defendantappears. The court shall ensure that the dis-trict attorney or city attorney is given timelynotice if defense counsel is to appear at trial.[1999 c.1051 §21]

153.080 Testimony by affidavit or dec-laration. (1) Notwithstanding any other pro-vision of law, the court may admit asevidence in any trial in a violation proceed-ing the affidavit or declaration of a witnessin lieu of taking the testimony of the witnessorally and in court. The authority grantedunder this section is subject to all of thefollowing:

(a) Testimony may not be presented byaffidavit or declaration under the provisionsof this section unless the court has adopted



rules providing procedures for the introduc-tion and use of testimony by affidavit ordeclaration.

(b) The court shall allow testimony byaffidavit or declaration under this sectiononly upon receiving a signed statement fromthe defendant waiving the right to have thetestimony presented orally in court.

(c) Testimony by affidavit or declarationunder this section is not subject to objectionas hearsay.

(d) A statement signed by the defendantunder paragraph (b) of this subsection doesnot constitute a waiver of trial unless theaffidavit or declaration specifically so pro-vides.

(e) Nothing in this section requires thatthe defendant or any other witness waive theright to appear if other testimony is intro-duced by affidavit or declaration as providedin this section.

(2) As used in this section, “declaration”means a declaration under penalty of perjuryin the form required by ORCP 1 E. [1999 c.1051§22; 2015 c.121 §2]

153.083 Role of peace officer. Notwith-standing ORS 9.160 and 9.320, in any trial ofa violation, whether created by ordinance orstatute, in which a city attorney or districtattorney does not appear, the peace officerwho issued the citation for the offense maypresent evidence, examine and cross-examinewitnesses and make arguments relating to:

(1) The application of statutes and rulesto the facts in the case;

(2) The literal meaning of the statutes orrules at issue in the case;

(3) The admissibility of evidence; and(4) Proper procedures to be used in the

trial. [1999 c.805 §1; 1999 c.805 §2; 2003 c.305 §1]Note: 153.083 was enacted into law by the Legisla-

tive Assembly but was not added to or made a part ofORS chapter 153 or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

(Judgment)153.090 Provisions of judgment. (1)

Judgments entered under this chapter mayinclude:

(a) Imposition of a sentence to pay a fine;(b) Costs and restitution authorized by

law;(c) A requirement that the fine, costs and

restitution, if any, be paid out of the pre-sumptive fine;

(d) Remission of any balance of a pre-sumptive fine to the defendant; and

(e) Any other provision authorized bylaw.

(2) Notwithstanding ORS 137.106, if thecourt orders restitution in a default judg-ment entered under ORS 153.102, a defendantmay allege an inability to pay the fullamount of monetary sanctions imposed, in-cluding restitution, and request a hearing todetermine whether the defendant is unableto pay or to establish a payment schedule byfiling a written request with the court withinone year after the entry of the judgment. Thecourt shall set a hearing on the issue of thedefendant’s ability to pay upon receipt of therequest and shall give notice to the districtattorney. The district attorney shall give no-tice to the victim of the date, time and placeof the hearing. The court may determine apayment schedule for monetary sanctionsimposed, including restitution ordered underthis subsection, if the defendant establishesat the hearing that the defendant is unableto pay the ordered restitution in full.

(3) If a trial is held in a violation pro-ceeding, or a default judgment is enteredagainst the defendant under ORS 153.102, thecourt may impose any fine within the statu-tory limits for the violation. If a defendantpleads no contest under ORS 153.061 (3) andthe court accepts the plea and enters judg-ment against the defendant, the amount ofthe fine imposed against the defendant by thecourt may not exceed the presumptive fineestablished for the violation under ORS153.019 and 153.020.

(4) A judge may suspend operation of anypart of a judgment entered under this chap-ter upon condition that the defendant paythe nonsuspended portion of a fine within aspecified period of time. If the defendant failsto pay the nonsuspended portion of the finewithin the specified period of time, the sus-pended portion of the judgment becomes op-erative without further proceedings by thecourt and the suspended portion of the finebecomes immediately due and payable.

(5) The court may not issue notice to theDepartment of Transportation to suspend thedefendant’s driving privileges unless a trialhas been required. The failure of the defend-ant to appear at the trial does not preventthe court from issuing notice to the depart-ment to suspend the defendant’s drivingprivileges.

(6) Entry of a default judgment underORS 153.102 does not preclude the arrest andprosecution of the defendant for the crime offailure to appear in a violation proceedingunder ORS 153.992.

(7) If a person held commercial drivingprivileges as described in ORS 807.018 at thetime the offense was committed, a court maynot defer entry of a judgment or allow anindividual to enter into a diversion programthat would prevent a conviction for a traffic



offense from appearing on the driving recordof the holder. This subsection applies to alltraffic offenses, whether committed whiledriving a motor vehicle or a commercial mo-tor vehicle, but does not apply to parking vi-olations. [1999 c.1051 §25; 2003 c.670 §3; 2005 c.649 §30;2007 c.122 §12; 2007 c.784 §7; 2009 c.395 §4; 2011 c.355 §18;2011 c.597 §27; 2012 c.89 §5; 2013 c.237 §30]

153.093 [1999 c.1095 §3; 1999 c.1095 §5; 2003 c.14 §61;2003 c.737 §104; repealed by 2011 c.597 §5]

153.096 Suspension of fine in certaincases. (1) In any proceeding for a violationunder ORS 830.990 or 830.997, the court mayconditionally suspend all or part of any fineor penalty to be imposed on the defendant ifthe defendant appears personally and agreesto complete at the defendant’s own expensea Safe Boating Education Course approvedby the State Marine Board under ORS830.110 (18), within time limits imposed bythe court.

(2) In any proceeding for a violation un-der ORS 830.990 or 830.997, the court shallnotify the State Marine Board if the defend-ant fails to appear at any time as requiredby law or the court, or fails to comply withany order of the court. [1999 c.1051 §96b]

153.099 Entry; nondefault cases. (1) Ifa trial is held in a violation proceeding, thecourt shall enter a judgment based on theevidence presented at the trial.

(2) If the defendant appears and enters aplea of no contest in the manner describedin ORS 153.061 (3) and a trial is not other-wise required by the court or by law, thecourt shall make a decision based on the ci-tation. The court may consider any state-ment of explanation submitted with the plea.[1999 c.1051 §23; 2007 c.784 §8; 2011 c.597 §25a; 2012 c.89§6]

153.102 Entry; default cases. (1) If thedefendant in a violation proceeding does notmake a first appearance in the manner re-quired by ORS 153.061 within the time al-lowed, and a trial is not otherwise requiredby the court or by law, the court may entera default judgment based on the complaintand any other evidence the judge determinesappropriate.

(2) If the defendant makes a first appear-ance in the manner required by ORS 153.061within the time allowed and requests a trial,and the defendant subsequently fails to ap-pear at the date, time and place set for anytrial or other appearance in the matter, andif a trial is not otherwise required by thecourt or by law, the court shall enter ajudgment based on the complaint and anyother evidence the judge determines appro-priate. [1999 c.1051 §24]

153.105 Relief from default judgment.If a default judgment is entered against adefendant under ORS 153.102, the court mayrelieve a defendant from the judgment upona showing that the failure of the defendantto appear was due to mistake, inadvertence,surprise or excusable neglect. A motion forrelief under this section must be made by thedefendant within a reasonable time, and inno event may a motion under this section bemade more than one year after entry ofjudgment. [1999 c.1051 §26]

153.108 Effect of judgment. (1) Not-withstanding ORS 131.505 to 131.535, if aperson commits both a crime and a violationas part of the same criminal episode, theprosecution for one offense shall not bar thesubsequent prosecution for the other. How-ever, evidence of the first conviction shallnot be admissible in any subsequent prose-cution for the other offense.

(2) Notwithstanding ORS 43.130 and43.160, a plea, finding or judgment in a vio-lation proceeding, or the fact that a violationproceeding has been brought against a de-fendant, may not be used for the purpose ofres judicata or collateral estoppel, or be ad-mitted as evidence in any civil proceeding.[1999 c.1051 §27; 2011 c.597 §29]

153.110 [1981 c.692 §11; repealed by 1999 c.1051 §32]

153.111 Distribution of abstracts ofconvictions. (1) Upon entry of a convictionfor a traffic offense, the court shall forwardto the Department of Transportation an ab-stract of conviction in the manner requiredby ORS 810.375, and a copy of the judgment,if required, under the provisions of ORS810.375.

(2) Upon entry of a conviction for vio-lation of any provision of the wildlife lawsor commercial fishing laws, or any rule pro-mulgated pursuant to those laws, the courtthat enters the judgment of conviction shallforward to the Department of State Police anabstract of conviction.

(3) Upon entry of a conviction for acompulsory school attendance violation un-der ORS 339.095, the court shall forward tothe Department of Education an abstract ofconviction.

(4) Upon entry of a conviction for vio-lation of a weights and measures law subjectto penalty under ORS 618.991, the court shallforward to the State Department of Agricul-ture an abstract of conviction.

(5) Upon entry of a conviction of a boat-ing offense, as defined in ORS 830.005, thecourt shall forward to the State MarineBoard an abstract of conviction.

(6) A court may destroy any abstract notrequired to be forwarded to an agency underthe provisions of this section. [1999 c.1051 §51]



153.120 [1981 c.692 §12; repealed by 1999 c.1051 §32]

(Appeal)153.121 Appeal. An appeal from a judg-

ment in a violation proceeding may be takenby either party as follows:

(1) From a proceeding in justice court ormunicipal court, as provided in ORS 138.057for appeals of violations.

(2) From a proceeding in circuit court,as provided in ORS chapter 19, except thatthe standard of review is the same as for anappeal from a judgment in a proceeding in-volving a misdemeanor or felony. [1999 c.1051§28; 2005 c.266 §1]

153.125 [1999 c.1051 §35; 2003 c.737 §105; 2009 c.659§§2a,2c; repealed by 2011 c.597 §5]

153.128 [1999 c.1051 §36; repealed by 2011 c.597 §5]153.130 [1981 c.692 §13; 1999 c.59 §29; repealed by

1999 c.1051 §32]153.131 [1999 c.1051 §37; 1999 c.1071 §§5c,5d; 2007

c.124 §2; repealed by 2011 c.597 §5]153.134 [1999 c.1051 §38; repealed by 2011 c.597 §5]153.138 [1999 c.1051 §39; repealed by 2011 c.597 §5]153.140 [1981 c.692 §15; repealed by 1999 c.1051 §32]153.142 [1999 c.1051 §34; repealed by 2011 c.597 §5]153.145 [1999 c.1051 §38a; repealed by 2011 c.597 §5]153.150 [1981 c.692 §16; repealed by 1999 c.1051 §32]153.160 [1981 c.692 §17; repealed by 1999 c.1051 §32]153.170 [1981 c.692 §18; repealed by 1999 c.1051 §32]153.180 [1981 c.692 §19; repealed by 1999 c.1051 §32]153.190 [1981 c.692 §20; 1985 c.272 §1; 1991 c.824 §3;

1995 c.292 §3; repealed by 1999 c.1051 §32]153.200 [1981 c.692 §21; repealed by 1999 c.1051 §32]153.210 [1981 c.692 §22; 1985 c.725 §10; repealed by

1999 c.1051 §32]153.220 [1981 c.692 §23; 1995 c.658 §80; repealed by

1999 c.1051 §32]153.230 [1981 c.692 §24; repealed by 1999 c.1051 §32]153.240 [1981 c.692 §25; repealed by 1999 c.1051 §32]153.250 [1981 c.692 §26; repealed by 1999 c.1051 §32]153.260 [1981 c.692 §27; repealed by 1999 c.1051 §32]153.270 [1981 c.692 §8; repealed by 1999 c.1051 §32]153.280 [1981 c.692 §28; 1985 c.342 §21; 1995 c.658 §81;

1997 c.389 §13; repealed by 1999 c.1051 §32]153.290 [1981 c.692 §29; repealed by 1995 c.292 §8]153.300 [1981 c.692 §30; repealed by 1995 c.292 §8]153.310 [1981 c.692 §9; 1993 c.531 §4; repealed by 1999

c.1051 §32]153.325 [1981 c.626 §5; repealed by 1999 c.1051 §32]153.330 [Formerly 488.210; repealed by 1999 c.1051

§32]153.335 [Formerly 488.220; repealed by 1999 c.1051





§32]

153.360 [Formerly 488.270; repealed by 1999 c.1051§32]


153.370 [Formerly 488.290; 1985 c.272 §2; 1991 c.931§§2,2a; 1995 c.292 §4; repealed by 1999 c.1051 §32]


153.380 [1981 c.626 §6; 1985 c.725 §11; repealed by1999 c.1051 §32]

153.385 [1981 c.626 §7; 1995 c.658 §82; repealed by1999 c.1051 §32]

153.390 [1981 c.626 §8; repealed by 1999 c.1051 §32]153.395 [1981 c.626 §10; repealed by 1999 c.1051 §32]153.400 [1981 c.626 §11; repealed by 1999 c.1051 §32]153.405 [1981 c.626 §12; repealed by 1999 c.1051 §32]153.410 [1981 c.626 §13; repealed by 1999 c.1051 §32]153.415 [1981 c.626 §14; 1985 c.342 §22; 1995 c.658 §83;

1997 c.389 §14; repealed by 1999 c.1051 §32]153.420 [1981 c.626 §15; repealed by 1999 c.1051 §32]153.425 [1981 c.626 §16; repealed by 1995 c.292 §8]153.430 [1981 c.626 §17; repealed by 1995 c.292 §8]153.440 [1981 c.626 §9; 1993 c.531 §5; repealed by 1999

c.1051 §32]153.500 [Formerly 484.010; 1987 c.730 §6; 1991 c.67

§30; 1991 c.208 §4; repealed by 1999 c.1051 §32]153.505 [Formerly 484.350; repealed by 1999 c.1051





§32]153.527 [1989 c.355 §1; repealed by 1999 c.1051 §32]

TRAFFIC OFFENSES153.530 Designation of speed in com-

plaint and summons charging violationof basic speed rule or speed limit. Thecomplaint and summons in a citation issuedfor the charges specified in this section shallspecify the speed at which the defendant isalleged to have driven and the posted speed,the speed limit or the speed that constitutesprima facie evidence of violation of the basicspeed rule, as appropriate, for the district orlocation. This section applies to the followingcharges:

(1) Violating the basic speed rule underORS 811.100.

(2) Violating a speed limit under ORS811.111. [Formerly 484.175; 1987 c.5 §7; 1987 c.887 §14;1999 c.1051 §79; 2003 c.819 §12]

153.535 Delivery of summons for cer-tain traffic offenses. (1) NotwithstandingORS 133.065 and 153.054, a summons may bedelivered to a defendant personally or bymail addressed to the defendant’s last-knownaddress if:



(a) The summons is for an alleged vio-lation of ORS 803.315, 811.520, 811.530,815.025, 815.080 to 815.090, 815.115, 815.130,815.185, 815.210 to 815.255, 815.275, 815.285,816.030 to 816.300, 816.330, 816.350, 816.360or 820.360 to 820.380;

(b) The enforcement officer gave a warn-ing for violation of the statute to the de-fendant based on the officer’s observation atthe time the violation occurred; and

(c) After the issuance of the warning, theenforcement officer determines that the de-fendant received two or more warningswithin the year immediately preceding theissuance of the warning for violations of thestatutes specified in paragraph (a) of thissubsection.

(2) Notwithstanding ORS 133.065 and153.054, a summons may be delivered to adefendant personally or by mail addressed tothe defendant’s last-known address if:

(a) The summons is for an alleged vio-lation of ORS 807.010, 811.175 or 811.182;

(b) The enforcement officer gave a warn-ing for a traffic violation to the defendant;and

(c) After the issuance of the warning, theenforcement officer determines that the de-fendant had no valid operator license at thetime of the warning.

(3) Proof of mailing summons under thissection is sufficient proof of delivery of sum-mons for purposes of ORS 133.065 and153.054. [Formerly 484.180; 1983 c.338 §890; 1985 c.597§24; 1987 c.730 §7; 1989 c.782 §36; 1999 c.1051 §80; 2001c.335 §6]

153.540 [Formerly 484.190; 1983 c.338 §891; 1985 c.669§16; repealed by 1999 c.1051 §32]


153.550 [Formerly 484.210; 1983 c.399 §1; 1983 c.507§2; 1985 c.16 §449; 1985 c.669 §17; repealed by 1999 c.1051§32]

153.555 [Formerly 484.220; 1985 c.272 §3; 1989 c.472§6; 1991 c.824 §6; 1995 c.292 §5; repealed by 1999 c.1051§32]

153.560 [Formerly 484.230; 1983 c.338 §893; repealedby 1999 c.1051 §32]

153.565 [Formerly 484.030; 1995 c.658 §84; repealedby 1999 c.1051 §32]

153.570 [Formerly 484.040; 1983 c.565 §2; repealed by1999 c.1051 §32]





153.595 [Formerly 484.405; 1985 c.342 §23; 1995 c.658§85; 1997 c.389 §15; repealed by 1999 c.1051 §32]




153.615 [Formerly 484.360; 1993 c.531 §6; 1995 c.383§121a; repealed by 1999 c.1051 §32]


153.623 [1981 s.s. c.3 §105; 1983 c.571 §1; 1985 c.16§450; 1987 c.730 §22; 1987 c.887 §15; 1987 c.897 §1; 1991c.741 §9; 1993 c.531 §7; repealed by 1995 c.383 §122]

153.624 Costs for obtaining driving re-cords. In addition to any other costs chargeda person convicted of a traffic offense, acourt may charge as costs and collect fromany person convicted of a traffic offense anyactual costs incurred in obtaining any driv-ing records relating to the person. [Formerly484.145; 2011 c.597 §127]

153.625 [Formerly 484.240; 1983 c.507 §1; 1985 c.16§451; 1987 c.137 §1; 1989 c.636 §32; 1999 c.1051 §52; re-numbered 810.375 in 1999]

153.630 [Formerly 484.250; 1981 s.s. c.3 §107; 1983c.164 §1; 1983 c.763 §47; 1985 c.16 §452; 1987 c.905 §17;1991 c.67 §31; 1993 c.741 §102; 1999 c.1051 §81; 1999 c.1095§7; 2003 c.301 §1; 2003 c.687 §5; 2003 c.814 §5; 2009 c.614§3; 2011 c.506 §21; repealed by 2011 c.597 §118]

DISPOSITION OF FINES AND COSTSIMPOSED IN CRIMINAL ACTION153.633 Distribution to state. (1) In any

criminal action in a circuit court in which afine is imposed, the lesser of the followingamounts is payable to the state before anyother distribution of the fine is made:

(a) $65; or(b) The amount of the fine if the fine is

less than $65.(2) In any criminal action in a justice or

municipal court in which a fine is imposed,the lesser of the following amounts is pay-able to the state before any other distrib-ution of the fine is made:

(a) $50; or(b) The amount of the fine if the fine is

less than $50.(3) A justice or municipal court shall

forward the amount prescribed under subsec-tion (2) of this section to the Department ofRevenue for deposit in the Criminal FineAccount.

(4)(a) The provisions of this section donot apply to fines imposed under ORS339.990.

(b) The provisions of subsection (2) ofthis section do not apply to fines imposed injustice and municipal courts under ORS811.590, 814.485, 814.486, 814.534, 814.536,814.600 or 830.990 (1). [2011 c.597 §6b; 2012 c.89§15; 2013 c.685 §9; 2017 c.139 §4; 2017 c.712 §4]




153.640 Disposition of fines for trafficoffenses; circuit court. (1) If a circuit courtenters a judgment of conviction for a trafficoffense, the full amount of the fine imposedunder the judgment is payable to the state ifthe conviction resulted from a prosecutionarising out of an arrest or complaint madeby an officer of the Oregon State Police orby any other enforcement officer employedby state government, as defined in ORS174.111.

(2)(a) If a circuit court enters a judgmentof conviction for a traffic offense and theconviction resulted from a prosecution aris-ing out of an arrest or complaint made by asheriff, deputy sheriff, city police officer orany other enforcement officer employed by alocal government, as defined in ORS 174.116:

(A) The amount prescribed by ORS153.633 (1) is payable to the state and mustbe deposited in the Criminal Fine Account;

(B) Subject to paragraph (b) of this sub-section, one-half of the amount remaining af-ter any payment required by subparagraph(A) of this paragraph is payable to the localgovernment that employs the enforcementofficer; and

(C) Subject to paragraph (b) of this sub-section, one-half of the amount remaining af-ter any payment required by subparagraph(A) of this paragraph is payable to the state.

(b) If the full amount of the fine imposedby a circuit court is collected and a sur-charge imposed under ORS 1.188 is part ofthe presumptive fine as provided in ORS153.019 or 153.020, the last $5 of the amountcollected shall be paid to the county for de-posit in the county’s courthouse surchargeaccount established under ORS 1.189. If thefull amount of the fine imposed is not col-lected, the $5 payment required by this para-graph shall be reduced by one dollar forevery dollar of the fine that is not collected.[2011 c.597 §47; 2016 c.78 §5]

153.645 Disposition of fines for trafficoffenses; justice court. (1) If a justice courtenters a judgment of conviction for a trafficoffense and the conviction resulted from aprosecution arising out of an arrest or com-plaint made by an officer of the Oregon StatePolice or by any other enforcement officeremployed by state government, as defined inORS 174.111:

(a) The amount prescribed by ORS153.633 (2) is payable to the state and mustbe forwarded to the Department of Revenuefor deposit in the Criminal Fine Account;

(b) Subject to subsection (4) of this sec-tion, one-half of the amount remaining afterany payment required by paragraph (a) ofthis subsection is payable to the county inwhich the justice court is located; and

(c) Subject to subsection (4) of this sec-tion, one-half of the amount remaining afterany payment required by paragraph (a) ofthis subsection is payable to the state.

(2) If a justice court enters a judgmentof conviction for a traffic offense and theconviction resulted from a prosecution aris-ing out of an arrest or complaint made by asheriff, deputy sheriff or any other enforce-ment officer employed by the county:

(a) The amount prescribed by ORS153.633 (2) is payable to the state and mustbe forwarded to the Department of Revenuefor deposit in the Criminal Fine Account;and

(b) Subject to subsection (4) of this sec-tion, the remaining amount of the fine ispayable to the county in which the court islocated.

(3) If a justice court enters a judgmentof conviction for a traffic offense and theconviction resulted from a prosecution aris-ing out of an arrest or complaint made by anenforcement officer employed by any otherlocal government, as defined in ORS 174.116:


(b) Subject to subsection (4) of this sec-tion, one-half of the amount remaining afterany payment required by paragraph (a) ofthis subsection is payable to the local gov-ernment that employs the enforcement offi-cer; and

(c) Subject to subsection (4) of this sec-tion, one-half of the amount remaining afterany payment required by paragraph (a) ofthis subsection is payable to the county inwhich the court is located.

(4) If the full amount of the fine imposedby a justice court is collected, the last $16of the amount collected shall be paid to thecounty treasurer for the county in which thecourt is located and may be used only for thepurposes specified in ORS 153.660. If the fullamount of the fine imposed is not collected,the $16 payment required by this subsectionshall be reduced by one dollar for every dol-lar of the fine that is not collected. The pro-visions of this subsection do not apply tofines imposed for violations of ORS 811.590,814.485, 814.486, 814.534, 814.536, 814.600 or830.990 (1). [2011 c.597 §48; 2013 c.685 §10]

153.650 Disposition of fines for trafficoffenses; municipal court. (1) If a munici-pal court enters a judgment of conviction fora traffic offense and the conviction resultedfrom a prosecution arising out of an arrestor complaint made by an officer of the Ore-gon State Police or by any other enforcement



officer employed by state government, as de-fined in ORS 174.111:


(b) Subject to subsection (4) of this sec-tion, one-half of the amount remaining afterany payment required by paragraph (a) ofthis subsection is payable to the city inwhich the municipal court is located; and

(c) Subject to subsection (4) of this sec-tion, one-half of the amount remaining afterany payment required by paragraph (a) ofthis subsection is payable to the state.

(2) If a municipal court enters a judg-ment of conviction for a traffic offense andthe conviction resulted from a prosecutionarising out of an arrest or complaint madeby a city police officer or any other enforce-ment officer employed by the city:

(a) The amount prescribed by ORS153.633 (2) is payable to the state and mustbe forwarded to the Department of Revenuefor deposit in the Criminal Fine Account;and

(b) Subject to subsection (4) of this sec-tion, the remaining amount of the fine ispayable to the city in which the court is lo-cated.

(3) If a municipal court enters a judg-ment of conviction for a traffic offense andthe conviction resulted from a prosecutionarising out of an arrest or complaint madeby an enforcement officer employed by anyother local government, as defined in ORS174.116:


(b) Subject to subsection (4) of this sec-tion, one-half of the amount remaining afterany payment required by paragraph (a) ofthis subsection is payable to the local gov-ernment that employs the enforcement offi-cer; and

(c) Subject to subsection (4) of this sec-tion, one-half of the amount remaining afterany payment required by paragraph (a) ofthis subsection is payable to the city inwhich the court is located.

(4) If the full amount of the fine imposedby a municipal court is collected, the last $16of the amount collected shall be paid to thecounty treasurer for the county in which thecourt is located and may be used only for thepurposes specified in ORS 153.660. If the fullamount of the fine imposed is not collected,the $16 payment required by this subsection

shall be reduced by one dollar for every dol-lar of the fine that is not collected. The pro-visions of this subsection do not apply tofines imposed for violations of ORS 811.590,814.485, 814.486, 814.534, 814.536, 814.600 or830.990 (1). [2011 c.597 §49; 2013 c.685 §11]

153.655 Disposition of fines for masstransit district ordinance violations. (1) Ifa court enters a judgment of conviction forthe violation of an ordinance enacted by thedistrict board of a mass transit district underORS 267.150, amounts collected under thejudgment are payable as follows:

(a) The amount prescribed by ORS153.633 (1) is payable to the state and mustbe deposited in the Criminal Fine Account;

(b) One-half of the amount remaining af-ter any payment required by paragraph (a)of this subsection is payable to the districtthat enacted the ordinance; and

(c) One-half of the amount remaining af-ter any payment required by paragraph (a)of this subsection is payable as provided insubsection (2) of this section.

(2)(a) If a judgment of conviction that issubject to subsection (1) of this section isentered in circuit court, the amount specifiedin subsection (1)(c) of this section shall bepaid to the state.

(b) If a judgment of conviction that issubject to subsection (1) of this section isentered in justice court, the amount specifiedin subsection (1)(c) of this section shall bepaid to the county that established the court.

(c) If a judgment of conviction that issubject to subsection (1) of this section isentered in municipal court, the amountspecified in subsection (1)(c) of this sectionshall be paid to the city that established thecourt. [2012 c.89 §18]

Note: 153.655 was added to and made a part ofORS chapter 153 by legislative action but was not addedto any smaller series therein. See Preface to OregonRevised Statutes for further explanation.

153.657 Disposition of fines for schoolattendance violations. (1) If a court entersa judgment of conviction for violation of ORS339.020 or the requirements of ORS 339.035,amounts collected under the judgment arepayable as follows:

(a) One-half of the amount is payable tothe school district or the education servicedistrict that employs the person who issuedthe citation under ORS 339.095; and

(b) One-half of the amount is payable asprovided in subsection (2) of this section.

(2)(a) If a judgment of conviction that issubject to subsection (1) of this section isentered in circuit court, the amount specifiedin subsection (1)(b) of this section shall bepaid to the state.



(b) If a judgment of conviction that issubject to subsection (1) of this section isentered in justice court, the amount specifiedin subsection (1)(b) of this section shall bepaid to the county that established the court.

(c) If a judgment of conviction that issubject to subsection (1) of this section isentered in municipal court, the amountspecified in subsection (1)(b) of this sectionshall be paid to the city that established thecourt. [2017 c.139 §2]


153.660 Use of amounts paid to countytreasurer. (1) If a justice or municipal courtimposes a fine for any offense other than atraffic offense and the full amount of the fineimposed is collected, the last $16 of theamount collected shall be paid to the countytreasurer for the county in which the courtis located and may be used only for the pur-poses specified in this section. If the fullamount of the fine imposed is not collected,the $16 payment required by this subsectionshall be reduced by one dollar for every dol-lar of the fine that is not collected. The pro-visions of this subsection do not apply tofines imposed for violations of ORS 811.590,814.485, 814.486, 814.534, 814.536, 814.600 or830.990 (1).

(2) Sixty percent of the amounts paid tothe county treasurer under this section andunder ORS 153.645 (4) and 153.650 (4) shallbe deposited by the treasurer in the countytreasury and may be used only for drug andalcohol programs and for the costs of plan-ning, operating and maintaining county ju-venile and adult corrections programs andfacilities.

(3) Forty percent of the amounts paid tothe county treasurer under this section andunder ORS 153.645 (4) and 153.650 (4) shallbe deposited by the treasurer in the courtfacilities security account established underORS 1.182 for the county in which the courtis located. [2013 c.685 §13]

153.675 Disposition of amounts pay-able to state and local governments. (1)Amounts payable to the state under ORS153.633, 153.645, 153.650 and 153.657 shall betransferred by the court to the Departmentof Revenue for distribution as provided inORS 305.830. Except as provided in ORS153.640 (2)(b), amounts payable to a localgovernment under ORS 153.640 to 153.680and 153.657 shall be deposited by the courtin the local government’s general fund andare available for general governmental pur-poses.

(2) Justice and municipal courts mustmake the transfer required by subsection (1)

of this section under ORS 153.633, 153.645,153.650 and 153.657 not later than the lastday of the month immediately following themonth in which a payment on a judgment isreceived by the court. [2011 c.597 §50; 2016 c.78§7; 2017 c.139 §5]

153.680 Costs. Any amount collected bya circuit court, justice court or municipalcourt as costs in a criminal action shall beretained by the court. [2011 c.597 §49a]










153.760 [Formerly 496.945; 1985 c.272 §4; 1991 c.824§5; 1995 c.292 §6; repealed by 1999 c.1051 §32]


153.766 [1997 c.389 §17; repealed by 1999 c.1051 §32]

MISCELLANEOUS153.770 Electronic filing of citation for

offenses subject to written uniform cita-tion. (1) Notwithstanding ORS 1.525, 153.045,221.333 and 810.425, a law enforcement offi-cer or a person authorized to enforce parkingordinance violations, following proceduresestablished by court rule, may file a citationwith the court by electronic means, withoutan actual signature of the officer, in lieu ofusing a written uniform citation. A citationfiled under this section may be of a differentsize or format than a uniform citationadopted by the Supreme Court under ORS1.525. Law enforcement officers who file ci-tations under this section will be deemed tocertify to the complaint and will continue tohave the same rights, responsibilities and li-abilities in relation to those citations as tocitations with complaints that are certifiedby an actual signature.

(2) A court may allow electronic filing ofcitations as described under subsection (1) ofthis section. Procedures established to allowelectronic filing of citations under this sec-tion shall be established by court rule andshall include procedures necessary to ensurethat:

(a) The information electronically filedincludes all information required on a uni-



form citation adopted by the Supreme Courtunder ORS 1.525, or as required under ORS221.333 and 810.425 for parking ordinance vi-olations. However, an electronically filed ci-tation containing all required information,but of a different size or format than a uni-form citation adopted by the Supreme Courtunder ORS 1.525, shall not be prohibited byor found in violation of a rule establishedunder this subsection.

(b) The citation filed electronically isverifiable as being filed by a specific law en-forcement officer or, for parking ordinanceviolations, by a person authorized to enforceparking ordinance violations.

(c) Members of the public can obtaincopies of and review citations that are elec-tronically filed and maintained under thissection in the same manner as for citationsfiled on paper. [1995 c.781 §53; 1999 c.1051 §129; 2001c.911 §2; 2015 c.13 §2]

153.772 Suspension of driving privi-leges for failure to appear; limitation ondistrict attorney’s authority. When thecourt issues a notice under ORS 809.220 tosuspend the driving privileges of a person forfailure to appear on a citation for a violationof ORS 471.430, the district attorney may notfile an accusatory instrument charging theperson with violating ORS 153.992. [2001 c.817§9]

Note: 153.772 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofORS chapter 153 or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

VIOLATIONS BUREAUS153.800 Violations Bureau established

by court; uniform fine schedule. (1) Anycourt of this state may establish a ViolationsBureau and designate the clerk or deputyclerk of the court or any other appropriateperson to act as a violations clerk for theViolations Bureau. The violations clerk shallserve under the direction and control of thecourt appointing the clerk.

(2) A violations clerk may exercise au-thority over any violation. A justice or mu-nicipal court establishing a ViolationsBureau shall by order specify the violationsthat are subject to the authority of the vio-lations clerk.

(3) Except as provided in subsection (6)of this section, the violations clerk shall ac-cept:

(a) Written appearance, waiver of trial,plea of no contest and payment of fine, costsand assessments for violations that are sub-ject to the authority of the violations clerk;or

(b) Payment of presumptive fine amountsfor violations that are subject to the author-ity of the violations clerk.

(4)(a) Courts other than circuit courtsshall establish schedules, within the limitsprescribed by law, of the amounts of penal-ties to be imposed for first, second and sub-sequent violations, designating each violationspecifically or by class. The order of thecourt establishing the schedules shall beprominently posted in the place where pen-alties established under the schedule arepaid.

(b) The Chief Justice of the SupremeCourt shall establish a uniform fine schedulefor violations prosecuted in circuit courts.The schedule must specify the violations thatare subject to the authority of the violationsclerk.

(c) All amounts must be paid to, re-ceipted by and accounted for by the vio-lations clerk in the same manner as otherpayments on money judgments are receivedby the court.

(5) Any person charged with a violationwithin the authority of the violations clerkmay:

(a) Upon signing an appearance, plea ofno contest and waiver of trial, pay the clerkthe penalty established for the violationcharged, including any costs and assessmentsauthorized by law.

(b) Pay the clerk the presumptive fineamount established for the violation. Pay-ment of the presumptive fine amount underthis paragraph constitutes consent to forfei-ture of the presumptive fine amount and dis-position of the violation by the clerk asprovided by the rules of the court. Paymentof the presumptive fine amount under thisparagraph is not consent to forfeiture of thepresumptive fine amount if the payment isaccompanied by a plea of not guilty or a re-quest for hearing.

(6) A person who has been found guiltyof, or who has signed a plea of no contest to,one or more previous offenses in the preced-ing 12 months within the jurisdiction of thecourt may not appear before the violationsclerk unless the court, by general order ap-plying to certain specified offenses, permitssuch appearance.

(7) A circuit court may use a CentralViolations Bureau established under ORS153.806 in addition to establishing and oper-ating a Violations Bureau under this section,and may delegate to the State Court Admin-istrator the authority to designate appropri-ate persons to act as violations clerks for theCentral Violations Bureau. [1995 c.292 §1; 1997c.801 §149; 1999 c.59 §30; 1999 c.1051 §130; 2011 c.597 §149;2012 c.89 §8; 2019 c.60 §5]




153.806 Central Violations Bureau;rules. (1) The State Court Administratormay establish a Central Violations Bureaufor the processing of violations in circuitcourts.

(2)(a) The administrator may designateemployees of the administrator to act as vio-lations clerks for the Central Violations Bu-reau.

(b) A violations clerk shall serve underthe direction and control of the administra-tor.

(c) A violations clerk of the Central Vio-lations Bureau may exercise authority overany violation specified by the Chief Justiceof the Supreme Court under subsection (4)of this section.

(3) A circuit court may use a CentralViolations Bureau established under thissection in addition to establishing and oper-ating a Violations Bureau under ORS153.800.

(4) The uniform fine schedule for vio-lations prosecuted in circuit courts estab-lished by the Chief Justice of the SupremeCourt under ORS 153.800 must specify theviolations that are subject to the authorityof the Central Violations Bureau violationsclerk.

(5)(a) Except as provided in subsection (7)of this section, a violations clerk shall ac-cept:

(A) Written appearance or appearance byelectronic or telephonic means, waiver oftrial, plea of no contest and payment of fine,costs and assessments for violations that aresubject to the authority of the violationsclerk; or

(B) Payment of presumptive fine amountsfor violations that are subject to the author-ity of the violations clerk.

(b) A violations clerk may accept pay-ments made by electronic or telephonicmeans.

(c) All amounts must be paid to, re-ceipted by and accounted for by the vio-lations clerk in the same manner as otherpayments on money judgments are receivedby the court.

(6)(a) A person charged with a violationwithin the authority of the violations clerkmay:

(A) Upon signing an appearance, plea ofno contest and waiver of trial, or upon ap-pearing and entering a plea and waiver byelectronic or telephonic means, pay the clerkthe penalty established for the violationcharged, including any costs and assessmentsauthorized by law.

(B) Pay the clerk the presumptive fineamount established for the violation. Pay-ment of the presumptive fine amount underthis paragraph constitutes consent to forfei-ture of the presumptive fine amount and dis-position of the violation by the clerk asprovided by the rules of the court. Paymentof the presumptive fine amount under thisparagraph is not consent to forfeiture of thepresumptive fine amount if the payment isaccompanied by a plea of not guilty or a re-quest for hearing.

(b) Notwithstanding ORS 153.021 andparagraph (a) of this subsection, the vio-lations clerk may offer a reduction in thepresumptive fine for a person making pay-ment through the Internet.

(7) A person who has been found guiltyof, or who has signed a plea of no contest to,one or more previous offenses in the preced-ing 12 months within the jurisdiction of thecourt may not appear before the violationsclerk unless the Chief Justice of the SupremeCourt, by general order applying to certainspecified offenses, permits such appearance.

(8) The Chief Justice of the SupremeCourt may adopt rules to carry out the pro-visions of this section. [2019 c.60 §1]




MULTNOMAH COUNTY PARKING VIOLATION PROCEDURES

153.820 Special procedures for parkingviolations in Multnomah County. (1) Acourt may use the procedure provided in thissection only in a county with a populationof more than 500,000.

(2) The court may proceed to make a de-termination without a hearing on a citationfor a parking violation if:

(a) None of the registered owners of thevehicle appears within the time allowed atthe court specified in the citation;

(b) Notice of the citation and the pro-visions of this section are mailed to the reg-istered owner or owners of the vehicle at theaddress or addresses reflected in the recordsof the Department of Transportation; and

(c) No request for hearing or other ap-pearance is filed with the court within 60days after the mailing date of the notice re-quired by paragraph (b) of this subsection.



(3) The court may proceed to make a de-termination without a hearing on a citationfor a parking violation if at least one of theregistered owners of the vehicle appearswithin the time allowed at the court speci-fied in the citation and requests a hearing,but thereafter fails to appear at the time,date and court set for any subsequent hear-ing in the matter. If a determination is madeunder the provisions of this subsection, thecourt shall mail notice of any sentence andjudgment to the registered owner or ownersof the vehicle at the address or addressesreflected in the records of the Departmentof Transportation.

(4) A determination under this sectionshall be on the citation and on any evidencethat the court may, in its discretion, deter-mine to be appropriate.

(5) Upon making a determination underthis section, the court may enter judgmentand, if the determination is one of con-viction, may impose a sentence of a finewithin the limits established for the parkingviolation along with a money award forcosts, assessments and other amounts au-thorized by law.

(6) A sentence to pay a fine under thissection does not prevent:

(a) Taking any other action against theperson as permitted by law for the person’sfailure to comply, including, but not limitedto, sentencing the person further as permit-ted by law after the person is brought tohearing.

(b) Following any procedures establishedby law when the person fails to appear.

(7) On motion and upon such terms asare just, the court may relieve a person froma judgment entered under this section upona showing that the failure of the person toappear was due to mistake, inadvertence,surprise or excusable neglect. The motionmust be made within a reasonable time, andin no event more than one year after entryof judgment in the matter.

(8) A judgment may be entered under thissection only if the citation issued to the per-

son contains a statement notifying the per-son that a judgment may be entered againstthe person up to the maximum amount offines, assessments and other costs allowed bylaw for the parking violation if the personfails to appear at the time, date and courtspecified in the citation or fails to appear atsubsequently scheduled hearings in the mat-ter.

(9) Notwithstanding any other provisionof law, a judgment entered under this sectiondoes not create a judgment lien and cannotbecome a judgment lien by any means. [1997c.801 §98; 2003 c.576 §172]

PENALTIES153.990 Penalty for false certification.

Any person who in connection with the is-suance of a citation, or the filing of a com-plaint, under this chapter, knowinglycertifies falsely to the matters set forththerein commits a Class A misdemeanor.[1981 c.692 §14; 1999 c.1051 §31]

153.992 Penalty for failure to appear.(1) A person commits the offense of failureto appear in a violation proceeding if theperson has been served with a violation cita-tion issued under this chapter and the personknowingly fails to do any of the following:

(a) Make a first appearance in the man-ner required by ORS 153.061 within the timeallowed.

(b) Make appearance at the time set fortrial in the violation proceeding.

(c) Appear at any other time required bythe court or by law.

(2) Failure to appear on a violation cita-tion is a Class A misdemeanor. [1999 c.1051 §29]


153.997 [1991 c.806 §1; repealed by 1999 c.1051 §32]

CHAPTERS 154 AND 155

[Reserved for expansion]


PROCEDURE IN CRIMINAL MATTERS GENERALLY



Administrative Procedures Act; Review of Rules; Civil Penalties

ADMINISTRATIVE PROCEDURES ACT(General Provisions)

183.310 Definitions for chapter183.315 Application of provisions of chapter to

certain agencies

(Adoption of Rules)183.325 Delegation of rulemaking authority to

named officer or employee183.330 Description of organization; service of or-

der; rules coordinator; order not final un-til put in writing

183.332 Policy statement; conformity of staterules with equivalent federal laws andrules

183.333 Policy statement; public involvement indevelopment of policy and drafting ofrules; advisory committees

183.335 Notice; content; public comment; tempo-rary rule adoption, amendment or sus-pension; substantial compliance required

183.336 Cost of compliance effect on small busi-nesses

183.337 Procedure for agency adoption of federalrules

183.341 Model rules of procedure; establishment;compilation; publication; agencies re-quired to adopt procedural rules

183.355 Filing and taking effect of rules; filing ofexecutive orders; copies; fees; rules

183.360 Publication of rules and orders; excep-tions; requirements; bulletin; judicial no-tice; citation

183.365 Publication of administrative rules inelectronic form

183.370 Distribution of published rules183.390 Petitions requesting adoption of rules183.400 Judicial determination of validity of rule183.403 Agency report to Legislative Assembly

regarding temporary rules183.405 Agency review of rules; report by Secre-

tary of State183.407 Small Business Rules Advisory Committee183.410 Agency determination of applicability of

rule or statute to petitioner; effect; judi-cial review

(Contested Cases)183.411 Delegation of final order authority183.413 Notice to parties before hearing of rights

and procedure; failure to provide notice183.415 Notice of right to hearing183.417 Procedure in contested case hearing183.425 Depositions or subpoena of material wit-

ness; discovery183.430 Hearing on refusal to renew license; ex-

ceptions

183.435 Period allowed to request hearing for li-cense refusal on grounds other than testor inspection results

183.440 Subpoenas in contested cases183.445 Subpoena by agency or attorney of record

of party when agency not subject to ORS183.440

183.450 Evidence in contested cases183.452 Representation of agencies at contested

case hearings183.453 Representation of Oregon Health Author-

ity and Department of Human Services atcontested case hearings

183.457 Representation of persons other thanagencies participating in contested casehearings

183.458 Nonattorney and out-of-state attorneyrepresentation of parties in certain con-tested case hearings

183.459 Representation of home care worker bylabor union representative

183.460 Examination of evidence by agency183.462 Agency statement of ex parte commu-

nications; notice183.464 Proposed order by hearing officer;

amendment by agency; exemptions183.470 Orders in contested cases183.471 Preservation of orders in electronic for-

mat; fees

(Judicial Review)183.480 Judicial review of agency orders183.482 Jurisdiction for review of contested cases;

procedure; scope of court authority183.484 Jurisdiction for review of orders other

than contested cases; procedure; scope ofcourt authority

183.485 Decision of court on review of contestedcase

183.486 Form and scope of decision of reviewingcourt

183.490 Agency may be compelled to act183.497 Awarding costs and attorney fees when

finding for petitioner

(Appeals From Circuit Courts)183.500 Appeals

(Alternative Dispute Resolution)183.502 Authority of agencies to use alternative

means of dispute resolution; model rules;amendment of agreements and forms;agency alternative dispute resolution pro-grams

(Housing Cost Impact Statement)183.530 Housing cost impact statement required

for certain proposed rules


EXECUTIVE BRANCH; ORGANIZATION

183.534 Housing cost impact statement described;rules

183.538 Effect of failure to prepare housing costimpact statement; judicial review

(Effects of Rules on Small Business)183.540 Reduction of economic impact on small

business

(Office of Administrative Hearings)183.605 Office of Administrative Hearings183.610 Chief administrative law judge183.615 Administrative law judges; duties; quali-

fications; rules183.620 Contract administrative law judges183.625 Assignment of administrative law judges;

conduct of hearings183.630 Model rules of procedure; exemptions; de-

positions183.635 Agencies required to use administrative

law judges from Office of AdministrativeHearings; exceptions

183.640 Use of Office of Administrative Hearingsby exempt agencies and by political sub-divisions

183.645 Request for change of administrative lawjudge; rules

183.650 Form of order; modification of form oforder by agency; finding of historical fact

183.655 Fees183.660 Office of Administrative Hearings Operat-

ing Account183.665 Estimates of office expenses183.670 Rules183.675 Alternative dispute resolution183.680 Standards and training program183.685 Ex parte communications

183.690 Office of Administrative Hearings Over-sight Committee

PERMITS AND LICENSES183.700 Permits subject to ORS 183.702183.702 Statement of criteria and procedures for

evaluating permit application; documen-tation of decision on application; requiredsignature

183.705 Extended term for renewed licenses; fees;continuing education; rules

REVIEW OF RULES(Legislative Assembly)

183.710 Definitions for ORS 183.710 to 183.730183.715 Submission of adopted rule to Legislative

Counsel required183.720 Procedure for review of agency rule; re-

ports on rules claimed to be duplicativeor conflicting

183.722 Required agency response to LegislativeCounsel determination; consideration ofdetermination by interim committee

183.724 Designation of interim committees forpurposes of considering rule reports

(Oregon Sunshine Committee)183.730 Review of rule by Oregon Sunshine Com-

mittee

CIVIL PENALTIES183.745 Civil penalty procedures; notice; hearing;

judicial review; exemptions; recording;enforcement

READABILITY OF PUBLIC WRITINGS183.750 State agency required to prepare public

writings in readable form


ADMINISTRATIVE PROCEDURES ACT 183.310

183.010 [Repealed by 1971 c.734 §21]183.020 [Repealed by 1971 c.734 §21]183.025 [Formerly 182.065; 1993 c.729 §4; 2003 c.749

§8; renumbered 183.750 in 2003]183.030 [Repealed by 1971 c.734 §21]183.040 [Repealed by 1971 c.734 §21]183.050 [Repealed by 1971 c.734 §21]183.060 [1957 c.147 §1; repealed by 1969 c.292 §3]183.090 [1991 c.734 §2; 1997 c.387 §3; 2001 c.621 §71;

renumbered 183.745 in 2003]

ADMINISTRATIVE PROCEDURES ACT(General Provisions)

183.310 Definitions for chapter. Asused in this chapter:

(1) “Agency” means any state board,commission, department, or division thereof,or officer authorized by law to make rules orto issue orders, except those in the legisla-tive and judicial branches.

(2)(a) “Contested case” means a proceed-ing before an agency:

(A) In which the individual legal rights,duties or privileges of specific parties are re-quired by statute or Constitution to be de-termined only after an agency hearing atwhich such specific parties are entitled toappear and be heard;

(B) Where the agency has discretion tosuspend or revoke a right or privilege of aperson;

(C) For the suspension, revocation or re-fusal to renew or issue a license where thelicensee or applicant for a license demandssuch hearing; or

(D) Where the agency by rule or orderprovides for hearings substantially of thecharacter required by ORS 183.415, 183.417,183.425, 183.450, 183.460 and 183.470.

(b) “Contested case” does not includeproceedings in which an agency decisionrests solely on the result of a test.

(3) “Economic effect” means the eco-nomic impact on affected businesses by andthe costs of compliance, if any, with a rulefor businesses, including but not limited tothe costs of equipment, supplies, labor andadministration.

(4) “Hearing officer” includes an admin-istrative law judge.

(5) “License” includes the whole or partof any agency permit, certificate, approval,registration or similar form of permission re-quired by law to pursue any commercial ac-tivity, trade, occupation or profession.

(6)(a) “Order” means any agency actionexpressed orally or in writing directed to anamed person or named persons, other thanemployees, officers or members of an agency.

“Order” includes any agency determinationor decision issued in connection with a con-tested case proceeding. “Order” includes:

(A) Agency action under ORS chapter657 making determination for purposes ofunemployment compensation of employees ofthe state;

(B) Agency action under ORS chapter 240which grants, denies, modifies, suspends orrevokes any right or privilege of an employeeof the state; and

(C) Agency action under ORS 468B.050 toissue a permit.

(b) “Final order” means final agency ac-tion expressed in writing. “Final order” doesnot include any tentative or preliminaryagency declaration or statement that:

(A) Precedes final agency action; or(B) Does not preclude further agency

consideration of the subject matter of thestatement or declaration.

(7) “Party” means:(a) Each person or agency entitled as of

right to a hearing before the agency;(b) Each person or agency named by the

agency to be a party; or(c) Any person requesting to participate

before the agency as a party or in a limitedparty status which the agency determines ei-ther has an interest in the outcome of theagency’s proceeding or represents a publicinterest in such result. The agency’s deter-mination is subject to judicial review in themanner provided by ORS 183.482 after theagency has issued its final order in the pro-ceedings.

(8) “Person” means any individual, part-nership, corporation, association, govern-mental subdivision or public or privateorganization of any character other than anagency.

(9) “Rule” means any agency directive,standard, regulation or statement of generalapplicability that implements, interprets orprescribes law or policy, or describes theprocedure or practice requirements of anyagency. The term includes the amendment orrepeal of a prior rule, but does not include:

(a) Unless a hearing is required by stat-ute, internal management directives, regu-lations or statements which do notsubstantially affect the interests of the pub-lic:

(A) Between agencies, or their officers ortheir employees; or

(B) Within an agency, between its offi-cers or between employees.

(b) Action by agencies directed to otheragencies or other units of government which


183.315 EXECUTIVE BRANCH; ORGANIZATION

do not substantially affect the interests ofthe public.

(c) Declaratory rulings issued pursuantto ORS 183.410 or 305.105.

(d) Intra-agency memoranda.(e) Executive orders of the Governor.(f) Rules of conduct for persons commit-

ted to the physical and legal custody of theDepartment of Corrections, the violation ofwhich will not result in:

(A) Placement in segregation or isolationstatus in excess of seven days.

(B) Institutional transfer or other trans-fer to secure confinement status for discipli-nary reasons.

(C) Disciplinary procedures adopted pur-suant to ORS 421.180.

(10)(a) “Small business” means a corpo-ration, partnership, sole proprietorship orother legal entity formed for the purpose ofmaking a profit, which is independentlyowned and operated from all other businessesand which has 50 or fewer employees.

(b) “Small business” does not include acoordinated care organization as defined inORS 414.025. [1957 c.717 §1; 1965 c.285 §78a; 1967c.419 §32; 1969 c.80 §37a; 1971 c.734 §1; 1973 c.386 §4; 1973c.621 §1a; 1977 c.374 §1; 1977 c.798 §1; 1979 c.593 §6; 1981c.755 §1; 1987 c.320 §141; 1987 c.861 §1; 2003 c.75 §71; 2005c.523 §8; 2007 c.288 §9; 2019 c.529 §4]

183.315 Application of provisions ofchapter to certain agencies. (1) The pro-visions of ORS 183.410, 183.415, 183.417,183.425, 183.440, 183.450, 183.452, 183.458,183.460, 183.470 and 183.480 do not apply tolocal government boundary commissions cre-ated pursuant to ORS 199.430, the Depart-ment of Revenue, State Accident InsuranceFund Corporation, Department of Consumerand Business Services with respect to itsfunctions under ORS chapters 654 and 656,State Board of Parole and Post-PrisonSupervision or Psychiatric Security ReviewBoard with respect to its functions underORS 161.315 to 161.351.

(2) This chapter does not apply with re-spect to actions of the Governor authorizedunder ORS chapter 240 and ORS 396.125 oractions of the Adjutant General authorizedunder ORS 396.160 (14).

(3) The provisions of ORS 183.410,183.415, 183.417, 183.425, 183.440, 183.450,183.452, 183.458 and 183.460 do not apply tothe Employment Appeals Board or the Em-ployment Department.

(4) The Employment Department shall beexempt from the provisions of this chapter tothe extent that a formal finding of theUnited States Secretary of Labor is madethat such provision conflicts with the termsof the federal law, acceptance of which by

the state is a condition precedent to contin-ued certification by the United States Secre-tary of Labor of the state’s law.

(5) The provisions of ORS 183.415 to183.430, 183.440 to 183.460, 183.470 to 183.485and 183.490 to 183.500 do not apply to ordersissued to persons who:

(a) Have been committed pursuant toORS 137.124 to the custody of the Depart-ment of Corrections or are otherwise con-fined in a Department of Corrections facility;or

(b) Seek to visit an adult in custody con-fined in a Department of Corrections facility.

(6) ORS 183.410, 183.415, 183.417, 183.425,183.440, 183.450, 183.460, 183.470 and 183.482(3) do not apply to the Public Utility Com-mission. Except as provided in ORS 774.180,judicial review of an order issued by thecommission in a contested case may besought only by a party to the contested case.

(7) The provisions of this chapter do notapply to the suspension, cancellation or ter-mination of an apprenticeship or trainingagreement under ORS 660.060.

(8) The provisions of ORS 183.413 to183.497 do not apply to administrative pro-ceedings conducted under rules adopted bythe Secretary of State under ORS 246.190.[1971 c.734 §19; 1973 c.612 §3; 1973 c.621 §2; 1973 c.694§1; 1975 c.759 §1; 1977 c.804 §45; 1979 c.593 §7; 1981 c.711§16; 1987 c.320 §142; 1987 c.373 §21; 1989 c.90 §1; 1997 c.26§1; 1999 c.448 §6; 1999 c.679 §1; 2003 c.64 §8; 2005 c.512§30; 2005 c.638 §1; 2007 c.239 §8; 2007 c.288 §10; 2011 c.708§24; 2017 c.312 §1; 2017 c.442 §23; 2019 c.213 §54]

183.317 [1971 c.734 §187; repealed by 1979 c.593 §34]183.320 [1957 c.717 §15; repealed by 1971 c.734 §21]

(Adoption of Rules)183.325 Delegation of rulemaking au-

thority to named officer or employee.Unless otherwise provided by law, an agencymay delegate its rulemaking authority to anofficer or employee within the agency. A de-legation of authority under this section mustbe made in writing and filed with the Secre-tary of State before the filing of any ruleadopted pursuant to the delegation. A deleg-ation under this section may be made onlyto one or more named individuals. The de-legation of authority shall reflect the nameof the authorized individual or individuals,and be signed in acknowledgment by thenamed individuals. Any officer or employeeto whom rulemaking authority is delegatedunder this section is an “agency” for thepurposes of the rulemaking requirements ofthis chapter. [1979 c.593 §10; 1993 c.729 §1]

183.330 Description of organization;service of order; rules coordinator; ordernot final until put in writing. (1) In addi-tion to other rulemaking requirements im-



posed by law, each agency shall publish adescription of its organization and the meth-ods whereby the public may obtain informa-tion or make submissions or requests.

(2) Each state agency that adopts rulesshall appoint a rules coordinator and file acopy of that appointment with the Secretaryof State. The rules coordinator shall:

(a) Maintain copies of all rules adoptedby the agency;

(b) Provide to the public, upon request,information pertaining to:

(A) All rulemaking proceedings of theagency;

(B) The status of the agency’s rules; and(C) All certificates and rules filed by the

agency with the Secretary of State; and(c) Keep and make available the mailing

list required by ORS 183.335 (8).(3) An order shall not be effective as to

any person or party unless it is served uponthe person or party either personally or bymail. This subsection is not applicable in fa-vor of any person or party who has actualknowledge of the order.

(4) An order is not final until it is re-duced to writing. [1957 c.717 §2; 1971 c.734 §4; 1975c.759 §3; 1979 c.593 §8; 1993 c.729 §2; 2001 c.220 §3; 2017c.518 §1]

183.332 Policy statement; conformityof state rules with equivalent federallaws and rules. It is the policy of this statethat agencies shall seek to retain and pro-mote the unique identity of Oregon by con-sidering local conditions when an agencyadopts policies and rules. However, sincethere are many federal laws and regulationsthat apply to activities that are also regu-lated by the state, it is also the policy of thisstate that agencies attempt to adopt rulesthat correspond with equivalent federal lawsand rules unless:

(1) There is specific statutory directionto the agency that authorizes the adoptionof the rule;

(2) A federal waiver has been grantedthat authorizes the adoption of the rule;

(3) Local or special conditions exist inthis state that warrant a different rule;

(4) The state rule has the effect of clari-fying the federal rules, standards, proceduresor requirements;

(5) The state rule achieves the goals ofthe federal and state law with the least im-pact on public and private resources; or

(6) There is no corresponding federalregulation. [1997 c.602 §2]

183.333 Policy statement; public in-volvement in development of policy anddrafting of rules; advisory committees. (1)The Legislative Assembly finds and declaresthat it is the policy of this state that when-ever possible the public be involved in thedevelopment of public policy by agencies andin the drafting of rules. The Legislative As-sembly encourages agencies to seek publicinput to the maximum extent possible beforegiving notice of intent to adopt a rule. Theagency may appoint an advisory committeethat will represent the interests of personslikely to be affected by the rule, or use anyother means of obtaining public views thatwill assist the agency in drafting the rule.

(2) Any agency in its discretion may de-velop a list of interested parties and informthose parties of any issue that may be thesubject of rulemaking and invite the partiesto make comments on the issue.

(3) If an agency appoints an advisorycommittee for consideration of a rule undersubsection (1) of this section, the agencyshall seek the committee’s recommendationson whether the rule will have a fiscal im-pact, what the extent of that impact will beand whether the rule will have a significantadverse impact on small businesses. If thecommittee indicates that the rule will havea significant adverse impact on small busi-nesses, the agency shall seek the committee’srecommendations on compliance with ORS183.540.

(4) An agency shall consider an advisorycommittee’s recommendations provided undersubsection (3) of this section in preparing thestatement of fiscal impact required by ORS183.335 (2)(b)(E).

(5) If an agency does not appoint an ad-visory committee for consideration of a per-manent rule under subsection (1) of thissection and 10 or more persons likely to beaffected by the rule object to the agency’sstatement of fiscal impact as required byORS 183.335 (2)(b)(E) or an association withat least 10 members likely to be affected bythe rule objects to the statement, the agencyshall appoint a fiscal impact advisory com-mittee to provide recommendations onwhether the rule will have a fiscal impactand what the extent of that impact will be.An objection under this subsection must bemade not later than 14 days after the noticerequired by ORS 183.335 (1) is given. If theagency determines that the statement doesnot adequately reflect the rule’s fiscal im-pact, the agency shall extend the period forsubmission of data or views under ORS183.335 (3)(a) by at least 20 days. The agencyshall include any recommendations from thecommittee in the record maintained by theagency for the rule.



(6) An agency may appoint the SmallBusiness Rules Advisory Committee estab-lished in ORS 183.407 as the advisory com-mittee or fiscal impact advisory committeefor purposes of this section.

(7) Subsection (5) of this section does notapply to any rule adopted by an agency tocomply with a judgment or a settlement of ajudicial proceeding.

(8) If an agency is required by law to ap-point an advisory committee under this sec-tion, the agency may not appoint an officer,employee or other agent of the agency toserve as a member of the advisory commit-tee. [2003 c.749 §4; 2005 c.807 §4; 2013 c.273 §1; 2018 c.20§3]

183.335 Notice; content; public com-ment; temporary rule adoption, amend-ment or suspension; substantialcompliance required. (1) Prior to the adop-tion, amendment or repeal of any rule, theagency shall give notice of its intended ac-tion:

(a) In the manner established by ruleadopted by the agency under ORS 183.341 (4),which provides a reasonable opportunity forinterested persons to be notified of theagency’s proposed action;

(b) In the bulletin referred to in ORS183.360 at least 21 days prior to the effectivedate;

(c) At least 28 days before the effectivedate, to persons who have requested noticepursuant to subsection (8) of this section;and

(d) Delivered only by electronic mail, atleast 49 days before the effective date, to thepersons specified in subsection (15) of thissection.

(2)(a) The notice required by subsection(1) of this section must include:

(A) A caption of not more than 15 wordsthat reasonably identifies the subject matterof the agency’s intended action. The agencyshall include the caption on each separatenotice, statement, certificate or other similardocument related to the intended action.

(B) An objective, simple and understand-able statement summarizing the subject mat-ter and purpose of the intended action insufficient detail to inform a person that theperson’s interests may be affected, and thetime, place and manner in which interestedpersons may present their views on the in-tended action.

(b) The agency shall include with thenotice of intended action given under sub-section (1) of this section:

(A) A citation of the statutory or otherlegal authority relied upon and bearing uponthe promulgation of the rule;

(B) A citation of the statute or other lawthe rule is intended to implement;

(C) A statement of the need for the ruleand a statement of how the rule is intendedto meet the need;

(D) A list of the principal documents, re-ports or studies, if any, prepared by or reliedupon by the agency in considering the needfor and in preparing the rule, and a state-ment of the location at which those docu-ments are available for public inspection.The list may be abbreviated if necessary, andif so abbreviated there shall be identified thelocation of a complete list;

(E) A statement of fiscal impact identify-ing state agencies, units of local governmentand the public that may be economically af-fected by the adoption, amendment or repealof the rule and an estimate of that economicimpact on state agencies, units of local gov-ernment and the public. In considering theeconomic effect of the proposed action on thepublic, the agency shall utilize available in-formation to project any significant economiceffect of that action on businesses whichshall include a cost of compliance effect onsmall businesses affected. For an agencyspecified in ORS 183.530, the statement offiscal impact shall also include a housingcost impact statement as described in ORS183.534;

(F) If an advisory committee is not ap-pointed under the provisions of ORS 183.333,an explanation as to why no advisory com-mittee was used to assist the agency indrafting the rule; and

(G) A request for public comment onwhether other options should be consideredfor achieving the rule’s substantive goalswhile reducing the negative economic impactof the rule on business.

(c) The Secretary of State may omit theinformation submitted under paragraph (b)of this subsection from publication in thebulletin referred to in ORS 183.360.

(d) When providing notice of an intendedaction under subsection (1)(c) of this section,the agency shall provide a copy of the rulethat the agency proposes to adopt, amend orrepeal, or an explanation of how the personmay acquire a copy of the rule. The copy ofan amended rule shall show all changes tothe rule by striking through material to bedeleted and underlining all new material, orby any other method that clearly shows allnew and deleted material.

(3)(a) When an agency proposes to adopt,amend or repeal a rule, it shall give inter-ested persons reasonable opportunity to sub-mit data or views. Opportunity for oralhearing shall be granted upon request re-ceived from 10 persons or from an associ-



ation having not less than 10 members beforethe earliest date that the rule could becomeeffective after the giving of notice pursuantto subsection (1) of this section. An agencyholding a hearing upon a request made underthis subsection shall give notice of the hear-ing at least 21 days before the hearing to theperson who has requested the hearing, topersons who have requested notice pursuantto subsection (8) of this section and to thepersons specified in subsection (15) of thissection. The agency shall publish notice ofthe hearing in the bulletin referred to inORS 183.360 at least 14 days before thehearing. The agency shall consider fully anywritten or oral submission.

(b) If an agency is required to conduct anoral hearing under paragraph (a) of this sub-section, and the rule for which the hearingis to be conducted applies only to a limitedgeographical area within this state, or affectsonly a limited geographical area within thisstate, the hearing shall be conducted withinthe geographical area at the place most con-venient for the majority of the residentswithin the geographical area. At least 14days before a hearing conducted under thisparagraph, the agency shall publish notice ofthe hearing in the bulletin referred to inORS 183.360 and in a newspaper of generalcirculation published within the geographicalarea that is affected by the rule or to whichthe rule applies. If a newspaper of generalcirculation is not published within the ge-ographical area that is affected by the ruleor to which the rule applies, the publicationshall be made in the newspaper of generalcirculation published closest to the ge-ographical area.

(c) Notwithstanding paragraph (a) of thissubsection, the Department of Correctionsand the State Board of Parole and Post-Prison Supervision may adopt rules limitingparticipation by adults in custody in theproposed adoption, amendment or repeal ofany rule to written submissions.

(d) If requested by at least five personsbefore the earliest date that the rule couldbecome effective after the agency gives no-tice pursuant to subsection (1) of this sec-tion, the agency shall provide a statementthat identifies the objective of the rule anda statement of how the agency will subse-quently determine whether the rule is in factaccomplishing that objective.

(e) An agency that receives data or viewsconcerning proposed rules from interestedpersons shall maintain a record of the dataor views submitted. The record shall contain:

(A) All written materials submitted to anagency in response to a notice of intent toadopt, amend or repeal a rule.

(B) A recording or summary of oral sub-missions received at hearings held for thepurpose of receiving those submissions.

(C) Any public comment received in re-sponse to the request made under subsection(2)(b)(G) of this section and the agency’s re-sponse to that comment.

(D) Any statements provided by theagency under paragraph (d) of this subsec-tion.

(4) Upon request of an interested personreceived before the earliest date that the rulecould become effective after the giving ofnotice pursuant to subsection (1) of this sec-tion, the agency shall postpone the date ofits intended action no less than 21 nor morethan 90 days in order to allow the requestingperson an opportunity to submit data, viewsor arguments concerning the proposed ac-tion. Nothing in this subsection shall pre-clude an agency from adopting a temporaryrule pursuant to subsection (5) of this sec-tion.

(5) Notwithstanding subsections (1) to (4)of this section, an agency may adopt, amendor suspend a rule without prior notice orhearing or upon any abbreviated notice andhearing that it finds practicable, if theagency prepares:

(a) A statement of its findings that itsfailure to act promptly will result in seriousprejudice to the public interest or the inter-est of the parties concerned and the specificreasons for its findings of prejudice;

(b) A citation of the statutory or otherlegal authority relied upon and bearing uponthe promulgation of the rule;

(c) A statement of the need for the ruleand a statement of how the rule is intendedto meet the need;

(d) A list of the principal documents, re-ports or studies, if any, prepared by or reliedupon by the agency in considering the needfor and in preparing the rule, and a state-ment of the location at which those docu-ments are available for public inspection; and

(e) For an agency specified in ORS183.530, a housing cost impact statement asdefined in ORS 183.534.

(6)(a) A rule adopted, amended or sus-pended under subsection (5) of this section istemporary and may be effective for a periodof not longer than 180 days. The adoption ofa rule under this subsection does not pre-clude the subsequent adoption of an identicalrule under subsections (1) to (4) of this sec-tion.

(b) A rule temporarily suspended shallregain effectiveness upon expiration of thetemporary period of suspension unless the



rule is repealed under subsections (1) to (4)of this section.

(7) Notwithstanding subsections (1) to (4)of this section, an agency may amend a rulewithout prior notice or hearing if theamendment is solely for the purpose of:

(a) Changing the name of an agency byreason of a name change prescribed by law;

(b) Changing the name of a program, of-fice or division within an agency as long asthe change in name does not have a sub-stantive effect on the functions of the pro-gram, office or division;

(c) Correcting spelling;(d) Correcting grammatical mistakes in a

manner that does not alter the scope, appli-cation or meaning of the rule;

(e) Correcting statutory or rule refer-ences; or

(f) Correcting addresses or telephonenumbers referred to in the rules.

(8)(a) Any person may request in writingthat an agency send to the person copies ofthe agency’s notices of intended action is-sued under subsection (1) of this section. Theperson must provide an address where theperson elects to receive notices. The addressprovided may be a postal mailing address or,if the agency provides notice by electronicmail, may be an electronic mailing address.

(b) A request under this subsection mustindicate that the person requests one of thefollowing:

(A) The person may request that theagency mail paper copies of the proposedrule and other information required by sub-section (2) of this section to the postal mail-ing address.

(B) If the agency posts notices of in-tended action on a website, the person mayrequest that the agency mail the informationrequired by subsection (2)(a) of this sectionto the postal mailing address with a refer-ence to the website where electronic copiesof the proposed rule and other informationrequired by subsection (2) of this section areposted.

(C) The person may request that theagency electronically mail the informationrequired by subsection (2)(a) of this sectionto the electronic mailing address, and eitherprovide electronic copies of the proposed ruleand other information required by subsection(2) of this section or provide a reference toa website where electronic copies of the pro-posed rule and other information required bysubsection (2) of this section are posted.

(c) Upon receipt of any request underthis subsection, the agency shall acknowl-edge the request, establish a mailing list and

maintain a record of all mailings made pur-suant to the request. Agencies may establishprocedures for establishing the mailing listsand keeping the mailing lists current. Agen-cies by rule may establish fees necessary todefray the costs of mailings and maintenanceof the lists.

(d) Members of the Legislative Assemblywho receive notices under subsection (15) ofthis section may request that an agency fur-nish paper copies of the notices.

(9) This section does not apply to rulesestablishing an effective date for a previouslyeffective rule or establishing a period duringwhich a provision of a previously effectiverule will apply.

(10) This section does not apply to ORS279.835 to 279.855, 279A.140 to 279A.161,279A.250 to 279A.290, 279A.990, 279B.050 to279B.085, 279B.200 to 279B.240, 279B.270,279B.275, 279B.280, 279C.360, 279C.365,279C.370, 279C.375, 279C.380, 279C.385,279C.500 to 279C.530, 279C.540, 279C.545,279C.550 to 279C.570, 279C.580, 279C.585,279C.590, 279C.600 to 279C.625, 279C.650 to279C.670 and 279C.800 to 279C.870 relatingto public contracts and purchasing.

(11)(a) Except as provided in paragraph(c) of this subsection, a rule is not valid un-less adopted in substantial compliance withthe provisions of this section in effect on thedate that the notice required under subsec-tion (1) of this section is delivered to theSecretary of State for the purpose of publi-cation in the bulletin referred to in ORS183.360.

(b) In addition to all other requirementswith which rule adoptions must comply, arule other than a rule amended for a purposedescribed in subsection (7) of this section isnot valid if the rule has not been submittedto the Legislative Counsel in the manner re-quired by ORS 183.355 and 183.715.

(c) A rule is not subject to judicial re-view or other challenge by reason of failingto comply with subsection (2)(a)(A) of thissection.

(12)(a) Notwithstanding the provisions ofsubsection (11) of this section, but subject toparagraph (b) of this subsection, an agencymay correct its failure to substantially com-ply with the requirements of subsections (2)and (5) of this section in adoption of a ruleby an amended filing, as long as the non-compliance did not substantially prejudicethe interests of persons to be affected by therule.

(b) An agency may use an amended filingto correct a failure to include a fiscal impactstatement in a notice of intended action, asrequired by subsection (2)(b)(E) of this sec-tion, or to correct an inaccurate fiscal im-



pact statement, only if the agency developedthe fiscal impact statement with the assist-ance of an advisory committee or fiscal im-pact advisory committee appointed underORS 183.333.

(13) Unless otherwise provided by stat-ute, the adoption, amendment or repeal of arule by an agency need not be based upon orsupported by an evidentiary record.

(14) When an agency has established adeadline for comment on a proposed rule un-der the provisions of subsection (3)(a) of thissection, the agency may not extend thatdeadline for another agency or person unlessthe extension applies equally to all interestedagencies and persons. An agency shall notconsider any submission made by anotheragency after the final deadline has passed.

(15) The notices required under subsec-tions (1) and (3) of this section must be givenby the agency to the following persons:

(a) If the proposed adoption, amendmentor repeal results from legislation that waspassed within two years before notice isgiven under subsection (1) of this section,notice shall be given to the legislator whointroduced the bill that subsequently wasenacted into law, and to the chair orcochairs of all committees that reported thebill out, except for those committees whosesole action on the bill was referral to an-other committee.

(b) If the proposed adoption, amendmentor repeal does not result from legislationthat was passed within two years before no-tice is given under subsection (1) of this sec-tion, notice shall be given to the chair orcochairs of any interim or session committeewith authority over the subject matter of therule.

(c) If notice cannot be given under para-graph (a) or (b) of this subsection, noticeshall be given to the Speaker of the Houseof Representatives and to the President ofthe Senate who are in office on the date thenotice is given.

(16)(a) Upon the request of a member ofthe Legislative Assembly or of a person whowould be affected by a proposed adoption,amendment or repeal, the committees receiv-ing notice under subsection (15) of this sec-tion shall review the proposed adoption,amendment or repeal for compliance with thelegislation from which the proposed adoption,amendment or repeal results.

(b) The committees shall submit theircomments on the proposed adoption, amend-ment or repeal to the agency proposing theadoption, amendment or repeal. [1971 c.734 §3;1973 c.612 §1; 1975 c.136 §11; 1975 c.759 §4; 1977 c.161 §1;1977 c.344 §6; 1977 c.394 §1a; 1977 c.798 §2; 1979 c.593 §11;1981 c.755 §2; 1987 c.861 §2; 1993 c.729 §3; 1995 c.652 §5;

1997 c.602 §3; 1999 c.123 §1; 1999 c.334 §1; 2001 c.220 §1;2001 c.563 §1; 2003 c.749 §5; 2003 c.794 §206; 2005 c.17 §1;2005 c.18 §1; 2005 c.382 §1; 2005 c.807 §5; 2007 c.115 §1;2007 c.768 §58; 2011 c.380 §2; 2017 c.518 §2; 2019 c.213§126]

183.336 Cost of compliance effect onsmall businesses. (1) The statement of costof compliance effect on small businesses re-quired by ORS 183.335 (2)(b)(E) must include:

(a) An estimate of the number of smallbusinesses subject to the proposed rule andidentification of the types of businesses andindustries with small businesses subject tothe proposed rule;

(b) A brief description of the projectedreporting, recordkeeping and other adminis-trative activities required for compliancewith the proposed rule, including costs ofprofessional services;

(c) An identification of equipment, sup-plies, labor and increased administration re-quired for compliance with the proposed rule;and

(d) A description of the manner in whichthe agency proposing the rule involved smallbusinesses in the development of the rule.

(2) An agency shall utilize available in-formation in complying with the require-ments of this section. [2005 c.807 §2]

183.337 Procedure for agency adoptionof federal rules. (1) Notwithstanding ORS183.335, when an agency is required to adoptrules or regulations promulgated by anagency of the federal government and theagency has no authority to alter or amendthe content or language of those rules orregulations prior to their adoption, theagency may adopt those rules or regulationsunder the procedure prescribed in this sec-tion.

(2) Prior to the adoption of a federal ruleor regulation under subsection (1) of thissection, the agency shall give notice of theadoption of the rule or regulation, the effec-tive date of the rule or regulation in thisstate and the subject matter of the rule orregulation in the manner established in ORS183.335 (1).

(3) After giving notice the agency mayadopt the rule or regulation by filing a copywith the Secretary of State in compliancewith ORS 183.355. The agency is not requiredto conduct a public hearing concerning theadoption of the rule or regulation.

(4) Nothing in this section authorizes anagency to amend federal rules or regulationsor adopt rules in accordance with federal re-quirements without giving an opportunity forhearing as required by ORS 183.335. [1979 c.593§15]

183.340 [1957 c.717 §3 (3); 1971 c.734 §6; repealed by1975 c.759 §5 (183.341 enacted in lieu of 183.340)]



183.341 Model rules of procedure; es-tablishment; compilation; publication;agencies required to adopt proceduralrules. (1) The Attorney General shall pre-pare model rules of procedure appropriate foruse by as many agencies as possible. Exceptas provided in ORS 183.630, any agency mayadopt all or part of the model rules by refer-ence without complying with the rulemakingprocedures under ORS 183.335. Notice ofsuch adoption shall be filed with the Secre-tary of State in the manner provided by ORS183.355 for the filing of rules. The modelrules may be amended from time to time byan adopting agency or the Attorney Generalafter notice and opportunity for hearing asrequired by rulemaking procedures underthis chapter.

(2) Except as provided in ORS 183.630, allagencies shall adopt rules of procedure to beutilized in the adoption of rules and conductof proceedings in contested cases or, if ex-empt from the contested case provisions ofthis chapter, for the conduct of proceedings.

(3) The Secretary of State shall publishin the Oregon Administrative Rules:

(a) The Attorney General’s model rulesadopted under subsection (1) of this section;

(b) The procedural rules of all agenciesthat have not adopted the Attorney General’smodel rules; and

(c) The notice procedures required byORS 183.335 (1).

(4) Agencies shall adopt rules of proce-dure which will provide a reasonable oppor-tunity for interested persons to be notifiedof the agency’s intention to adopt, amend orrepeal a rule.

(5) No rule adopted after September 13,1975, is valid unless adopted in substantialcompliance with the rules adopted pursuantto subsection (4) of this section. [1975 c.759 §6(enacted in lieu of 183.340); 1979 c.593 §12; 1997 c.837 §1;1999 c.849 §§24,25; 2003 c.75 §28]

183.350 [1957 c.717 §3 (1), (2); repealed by 1971 c.734§21]

183.355 Filing and taking effect ofrules; filing of executive orders; copies;fees; rules. (1) The Secretary of State shallby rule prescribe requirements for the man-ner and form for filing rules adopted,amended or repealed by agencies. The Secre-tary of State may refuse to accept for filingany rules that do not comply with the re-quirements.

(2)(a) Each agency shall file with the of-fice of the Secretary of State each ruleadopted by the agency.

(b) Unless otherwise provided by ruleadopted by the Secretary of State, an agencyadopting a rule incorporating published stan-dards by reference is not required to file a

copy of those standards with the Secretaryof State if:

(A) The standards adopted are unusuallyvoluminous and costly to reproduce; and

(B) The rule filed with the Secretary ofState identifies the location of the standardsso incorporated and the conditions of theiravailability to the public.

(3) Each rule is effective upon filing asrequired by subsection (2) of this section, ex-cept that:

(a) If a later effective date is required bystatute or specified in the rule, the later dateis the effective date.

(b) A temporary rule becomes effectiveupon filing with the Secretary of State, or ata designated later date, only if the statementrequired by ORS 183.335 (5) is filed with therule. The agency shall take appropriate mea-sures to make temporary rules known to thepersons who may be affected by them.

(4) When a rule is amended or repealedby an agency, the agency shall file theamendment or notice of repeal with the Sec-retary of State.

(5) A certified copy of each executive or-der issued, prescribed or promulgated by theGovernor shall be filed in the office of theSecretary of State.

(6) A rule is not valid or effective againstany person or party until the rule is filed inaccordance with this section. However, if anagency, in disposing of a contested case, an-nounces in its decision the adoption of ageneral policy applicable to the case andsubsequent cases of like nature the agencymay rely upon the decision in disposition oflater cases.

(7) The Secretary of State shall, upon re-quest, supply copies of rules, or orders ordesignated parts of rules or orders, in theformat requested, making and collectingtherefor fees prescribed by ORS 177.130. Allreceipts from the sale of copies shall be de-posited in the State Treasury to the creditof the Secretary of State Miscellaneous Re-ceipts Account established under ORS279A.290.

(8) The Secretary of State shall establishand collect fees from agencies filing rulesunder this section. The fees shall be estab-lished in amounts calculated to be necessaryto generate revenues adequate to pay costsincurred by the Secretary of State in per-forming the following duties that are notpaid for by subscriber fees or other fees pre-scribed by law:

(a) Publication of the compilation re-ferred to in ORS 183.360 (1);

(b) Electronic publication of the bulletinreferred to in ORS 183.360 (3); and



(c) Electronic publication of rules andother information relating to rules underORS 183.365.

(9) All fees collected under subsection (8)of this section shall be deposited in the StateTreasury to the credit of the Secretary ofState Miscellaneous Receipts Account estab-lished under ORS 279A.290.

(10) No later than 10 days after anagency files an adopted, amended or repealedrule with the Secretary of State, other thana rule amended for a purpose described inORS 183.335 (7), the Secretary of State shall:

(a) Electronically transmit the rule to theLegislative Counsel in accordance with ORS183.715; and

(b) Provide to the agency that filed therule a written confirmation that the rule wastransmitted to the Legislative Counsel. [1971c.734 §5; 1973 c.612 §2; 1975 c.759 §7; 1977 c.798 §2b; 1979c.593 §13; 1991 c.169 §2; 2003 c.794 §207; 2009 c.289 §1;2017 c.518 §3]

183.360 Publication of rules and or-ders; exceptions; requirements; bulletin;judicial notice; citation. (1) The Secretaryof State shall compile, index and publish allrules adopted by each agency. The compila-tion shall be supplemented or revised as of-ten as necessary. Such compilationsupersedes any other rules. The Secretary ofState may make such compilations of othermaterial published in the bulletin as are de-sirable. The Secretary of State may copyrightthe compilations prepared under this subsec-tion, and may establish policies for the re-vision, clarification, classification,arrangement, indexing, printing, binding,publication, sale and distribution of the com-pilations.

(2) The Secretary of State has discretionto omit from the compilation, if published inprint, rules the publication of which wouldbe unduly cumbersome or expensive if therule in printed or processed form is madeavailable on application to the adoptingagency, and if the compilation contains anotice summarizing the omitted rule andstating how a copy of the omitted rule maybe obtained. In preparing the compilation theSecretary of State may not alter the sense,meaning, effect or substance of any rule, butmay renumber sections and parts of sectionsof the rules, change the wording ofheadnotes, rearrange sections, change refer-ence numbers to agree with renumberedchapters, sections or other parts, substitutethe proper subsection, section or chapter orother division numbers, change capitalizationfor the purpose of uniformity, and correctmanifest clerical or typographical errors.

(3) The Secretary of State shall publishat least at monthly intervals a bulletin that:

(a) Briefly indicates the agencies that areproposing to adopt, amend or repeal a rule,the subject matter of the rule and the name,address and telephone number of an agencyofficer or employee from whom informationand a copy of any proposed rule may be ob-tained;

(b) Contains the text or a brief de-scription of all rules filed under ORS 183.355since the last bulletin indicating the effectivedate of the rule;

(c) Contains executive orders of the Gov-ernor; and

(d) Contains orders issued by the Direc-tor of the Department of Revenue under ORS305.157 extending tax statutes of limitation.

(4) Courts shall take judicial notice ofrules and executive orders filed with theSecretary of State.

(5) The compilation required by subsec-tion (1) of this section shall be titled OregonAdministrative Rules and may be cited as“OAR” with appropriate numerical indi-cations.

(6) The Secretary of State may publishthe compilation and bulletin required by thissection in print, or by placing the compila-tion and bulletin on the Internet. [1957 c.717§4 (1),(2),(3); 1961 c.464 §1; 1971 c.734 §7; 1973 c.612 §4;1975 c.759 §7a; 1977 c.394 §2; 1979 c.593 §16; 1993 c.729§13; 1995 c.79 §62; 2001 c.104 §63; 2003 c.168 §3; 2009 c.289§2; 2017 c.518 §4]

183.362 [1993 c.729 §12; repealed by 2017 c.518 §9]

183.365 Publication of administrativerules in electronic form. (1) Pursuant toORS 183.360, the Secretary of State shallpublish in electronic form administrativerules adopted or amended by state agenciesand make the information available to thepublic and members of the Legislative As-sembly.

(2) The Secretary of State shall deter-mine the most cost-effective format and pro-cedures for the timely release of theinformation described in subsection (1) ofthis section in electronic form.

(3) Pursuant to ORS 183.355, the Secre-tary of State shall establish requirements forfiling administrative rules adopted oramended by state agencies for entry intocomputer networks for the purpose of sub-section (1) of this section.

(4) Although each state agency is re-sponsible for its information resources, cen-tralized information resource managementmust also exist to:

(a) Provide public access to the informa-tion described in subsection (1) of this sec-tion;

(b) Provide technical assistance to state

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agencies; and

Page 621 (2019 Edition)


(c) Ensure that the information resourcesneeded to implement subsection (1) of thissection are addressed along with the needsof the individual agencies.

(5) Personal information concerning aperson who accesses the information identi-fied in subsection (1) of this section may bemaintained only for the purpose of providingservice to the person.

(6) No fee or other charge may be im-posed by the Secretary of State as a condi-tion of accessing the information identifiedin subsection (1) of this section.

(7) No action taken pursuant to this sec-tion shall be deemed to alter or relinquishany copyright or other proprietary interestor entitlement of the State of Oregon relativeto any of the information made availablepursuant to subsection (1) of this section.[1995 c.614 §5; 2017 c.518 §5]


183.370 Distribution of published rules.The bulletins and compilations may be dis-tributed by the Secretary of State free ofcharge as provided for the distribution oflegislative materials referred to in ORS171.236. Other copies of the bulletins andcompilations shall be distributed by the Sec-retary of State at a cost determined by theSecretary of State. Any agency may compileand publish its rules or all or part of itsrules for purpose of distribution outside ofthe agency only after it proves to the satis-faction of the Secretary of State that agencypublication is necessary. [1957 c.717 §4(4); 1959c.260 §1; 1969 c.174 §4; 1975 c.759 §8; 1977 c.394 §3]

183.380 [1957 c.717 §4 (5); repealed by 1971 c.734 §21]

183.390 Petitions requesting adoptionof rules. (1) An interested person may peti-tion an agency requesting the promulgation,amendment or repeal of a rule. The AttorneyGeneral shall prescribe by rule the form forsuch petitions and the procedure for theirsubmission, consideration and disposition.Not later than 90 days after the date of sub-mission of a petition, the agency either shalldeny the petition in writing or shall initiaterulemaking proceedings in accordance withORS 183.335.

(2) If a petition requesting the amend-ment or repeal of a rule is submitted to anagency under this section, the agency shallinvite public comment upon the rule, andshall specifically request public comment onwhether options exist for achieving the rule’ssubstantive goals in a way that reduces thenegative economic impact on businesses.

(3) In reviewing a petition subject tosubsection (2) of this section, the agencyshall consider:

(a) The continued need for the rule;(b) The nature of complaints or com-

ments received concerning the rule from thepublic;

(c) The complexity of the rule;(d) The extent to which the rule overlaps,

duplicates or conflicts with other state rulesor federal regulations and, to the extent fea-sible, with local government regulations;

(e) The degree to which technology, eco-nomic conditions or other factors havechanged in the subject area affected by therule; and

(f) The statutory citation or legal basisfor the rule. [1957 c.717 §5; 1971 c.734 §8; 2003 c.749§6]

183.400 Judicial determination of va-lidity of rule. (1) The validity of any rulemay be determined upon a petition by anyperson to the Court of Appeals in the man-ner provided for review of orders in con-tested cases. The court shall havejurisdiction to review the validity of the rulewhether or not the petitioner has first re-quested the agency to pass upon the validityof the rule in question, but not when the pe-titioner is a party to an order or a contestedcase in which the validity of the rule may bedetermined by a court.

(2) The validity of any applicable rulemay also be determined by a court, upon re-view of an order in any manner provided bylaw or pursuant to ORS 183.480 or upon en-forcement of such rule or order in the man-ner provided by law.

(3) Judicial review of a rule shall be lim-ited to an examination of:

(a) The rule under review;(b) The statutory provisions authorizing

the rule; and(c) Copies of all documents necessary to

demonstrate compliance with applicablerulemaking procedures.

(4) The court shall declare the rule in-valid only if it finds that the rule:

(a) Violates constitutional provisions;(b) Exceeds the statutory authority of the

agency; or(c) Was adopted without compliance with

applicable rulemaking procedures.(5) In the case of disputed allegations of

irregularities in procedure which, if proved,would warrant reversal or remand, the Courtof Appeals may refer the allegations to amaster appointed by the court to take evi-dence and make findings of fact. The court’s



review of the master’s findings of fact shallbe de novo on the evidence.

(6) The court shall not declare a rule in-valid solely because it was adopted withoutcompliance with applicable rulemaking pro-cedures after a period of two years after thedate the rule was filed in the office of theSecretary of State, if the agency attemptedto comply with those procedures and its fail-ure to do so did not substantially prejudicethe interests of the parties. [1957 c.717 §6; 1971c.734 §9; 1975 c.759 §9; 1979 c.593 §17; 1987 c.861 §3]

183.403 Agency report to LegislativeAssembly regarding temporary rules. (1)As used in this section:

(a) “Agency” has the meaning given thatterm in ORS 183.310.

(b) “Rule” has the meaning given thatterm in ORS 183.310.

(c) “Statement of need” means the state-ment described in ORS 183.335 (5)(c).

(2) No later than February 1 of eachyear, an agency that is subject to ORS183.335 shall provide a report to the Legisla-tive Assembly, in the manner provided inORS 192.245, regarding all rules that theagency adopted, amended, repealed or sus-pended during the preceding 12-month period.The report must include:

(a) The number of rules adopted,amended or repealed in accordance with ORS183.335 (2) and (3); and

(b) With respect to rules adopted,amended or suspended using the proceduredescribed in ORS 183.335 (5):

(A) The number of rules;(B) A list of the rules;(C) A statement of need for each rule and

all of the agency’s findings that a failure toact promptly would result in serious preju-dice to the public interest or the interest ofparties concerned; and

(D) For each rule, an explanation of whyproceeding under ORS 183.335 (5) was themost appropriate method for adopting,amending or suspending the rule and why itwas not appropriate to proceed in accordancewith ORS 183.335 (2) and (3). [2016 c.44 §1]


183.405 Agency review of rules; reportby Secretary of State. (1) Not later thanfive years after adopting a rule, an agencyshall review the rule for the purpose of de-termining:

(a) Whether the rule has had the in-tended effect;

(b) Whether the anticipated fiscal impactof the rule was underestimated or overesti-mated;

(c) Whether subsequent changes in thelaw require that the rule be repealed oramended;

(d) Whether there is continued need forthe rule; and

(e) What impacts the rule has on smallbusinesses.

(2) Upon request of an agency, the SmallBusiness Rules Advisory Committee estab-lished in ORS 183.407 may agree to completethe review and reporting required by thissection for the agency.

(3) An agency or the Small BusinessRules Advisory Committee shall utilizeavailable information in complying with therequirements of subsection (1) of this section.

(4) An agency or the Small BusinessRules Advisory Committee shall provide areport on each review of a rule conductedunder this section:

(a) To the Secretary of State;(b) To the Small Business Rules Advisory

Committee, unless the committee completedthe review under subsection (2) of this sec-tion; and

(c) If the agency appointed an advisorycommittee pursuant to ORS 183.333 for con-sideration of a rule subject to the require-ments of this section, to the advisorycommittee.

(5) The provisions of this section do notapply to the amendment or repeal of a rule.

(6) The provisions of this section do notapply to:

(a) Rules adopted to implement court or-ders or the settlement of civil proceedings;

(b) Rules that adopt federal laws or rulesby reference;

(c) Rules adopted to implementlegislatively approved fee changes; or

(d) Rules adopted to correct errors oromissions.

(7) The Secretary of State shall compilethe reports submitted under this section dur-ing each calendar year and submit an annualreport to the Legislative Assembly in themanner required by ORS 192.245 no laterthan February 1 of the following year. [2005c.807 §3; 2017 c.518 §6; 2018 c.20 §4]

Note: 183.405 was added to and made a part of183.325 to 183.410 by legislative action but was notadded to any smaller series therein. See Preface to Or-egon Revised Statutes for further explanation.

183.407 Small Business Rules AdvisoryCommittee. (1) The Small Business RulesAdvisory Committee is established to serveas an advisory committee for agencies adopt-



ing new administrative rules and to reviewthe effectiveness of existing administrativerules.

(2) The committee consists of nine mem-bers as follows:

(a) Two representatives of small busi-nesses appointed by the Governor;

(b) Two representatives of small busi-nesses appointed by the President of theSenate;

(c) Two representatives of small busi-nesses appointed by the Speaker of theHouse;

(d) A representative of small businessesappointed by the Office of Small BusinessAssistance established in ORS 56.203;

(e) A representative of state agencies ap-pointed by the Director of the Oregon De-partment of Administrative Services; and

(f) A member who is an expert in therulemaking process appointed by the StateArchivist.

(3) Upon request of an agency, the com-mittee shall serve as the advisory committeeor fiscal impact advisory committee for re-viewing an agency’s proposed administrativerules under ORS 183.333.

(4) Upon request of an agency, the com-mittee may agree to complete the rules re-view and reporting required by ORS 183.405in place of the agency.

(5) Members of the committee shall beappointed to serve for terms of two years,but a member serves at the pleasure of theappointing authority. The appointing author-ity shall appoint a person to fill any vacancyon the committee for the expired term. Amember may be reappointed to the commit-tee.

(6) The members of the committee shallelect a chairperson from among the membersof the committee. In the absence of a chair-person, the member appointed by the StateArchivist shall serve as acting chairperson.

(7) A majority of the members of thecommittee constitutes a quorum for thetransaction of business.

(8) The committee shall meet upon thecall of the chairperson or upon a request ofa majority of the members of the committee.The committee may meet by phone or videoconference with at least 24 hours’ public no-tice.

(9) The State Archives shall provide ad-ministrative support to the committee.

(10) Members of the committee are notentitled to compensation, but may be reim-bursed from funds available to the State Ar-chives for actual and necessary travel andother expenses incurred by them in the per-

formance of their official duties in the man-ner and amounts provided for in ORS292.495. [2018 c.20 §2]


183.410 Agency determination of ap-plicability of rule or statute to petitioner;effect; judicial review. On petition of anyinterested person, any agency may in its dis-cretion issue a declaratory ruling with re-spect to the applicability to any person,property, or state of facts of any rule orstatute enforceable by it. A declaratory rul-ing is binding between the agency and thepetitioner on the state of facts alleged, un-less it is altered or set aside by a court.However, the agency may, where the rulingis adverse to the petitioner, review the rulingand alter it if requested by the petitioner.Binding rulings provided by this section aresubject to review in the Court of Appeals inthe manner provided in ORS 183.480 for thereview of orders in contested cases. The At-torney General shall prescribe by rule theform for such petitions and the procedure fortheir submission, consideration and disposi-tion. The petitioner shall have the right tosubmit briefs and present oral argument atany declaratory ruling proceeding held pur-suant to this section. [1957 c.717 §7; 1971 c.734 §10;1973 c.612 §5]

(Contested Cases)183.411 Delegation of final order au-

thority. Unless otherwise provided by law,an agency may delegate authority to enter afinal order in a proceeding or class of pro-ceedings to an officer or employee of theagency, or to a class of officers or employeesof the agency. A delegation of authority un-der this section must be made in writing be-fore the issuance of any order pursuant tothe delegation and must be retained in theagency’s records. [2007 c.116 §2]


183.413 Notice to parties before hear-ing of rights and procedure; failure toprovide notice. (1) The Legislative Assemblyfinds that parties to a contested case hearinghave a right to be informed as to the proce-dures by which contested cases are heard bystate agencies, their rights in hearings beforestate agencies, the import and effect of hear-ings before state agencies and their rightsand remedies with respect to actions takenby state agencies. Accordingly, it is the pur-pose of subsections (2) and (3) of this sectionto set forth certain requirements of stateagencies so that parties to contested case



hearings shall be fully informed as to thesematters when exercising their rights beforestate agencies.

(2) Prior to the commencement of a con-tested case hearing before any agency in-cluding those agencies identified in ORS183.315, the agency shall serve personally orby mail a written notice to each party to thehearing that includes the following:

(a) The time and place of the hearing.(b) A statement of the authority and ju-

risdiction under which the hearing is to beheld.

(c) A statement that generally identifiesthe issues to be considered at the hearing.

(d) A statement indicating that the partymay be represented by counsel and that legalaid organizations may be able to assist aparty with limited financial resources.

(e) A statement that the party has theright to respond to all issues properly beforethe presiding officer and present evidenceand witnesses on those issues.

(f) A statement indicating whether dis-covery is permitted and, if so, how discoverymay be requested.

(g) A general description of the hearingprocedure including the order of presentationof evidence, what kinds of evidence are ad-missible, whether objections may be made tothe introduction of evidence and what kindof objections may be made and an explana-tion of the burdens of proof or burdens ofgoing forward with the evidence.

(h) Whether a record will be made of theproceedings and the manner of making therecord and its availability to the parties.

(i) The function of the record-makingwith respect to the perpetuation of the testi-mony and evidence and with respect to anyappeal from the determination or order of theagency.

(j) Whether an attorney will representthe agency in the matters to be heard andwhether the parties ordinarily and customar-ily are represented by an attorney.

(k) The title and function of the personpresiding at the hearing with respect to thedecision process, including, but not limitedto, the manner in which the testimony andevidence taken by the person presiding at thehearing are reviewed, the effect of thatperson’s determination, who makes the finaldetermination on behalf of the agency,whether the person presiding at the hearingis or is not an employee, officer or otherrepresentative of the agency and whetherthat person has the authority to make a finalindependent determination.

(L) In the event a party is not repre-sented by an attorney, whether the partymay during the course of proceedings requesta recess if at that point the party determinesthat representation by an attorney is neces-sary to the protection of the party’s rights.

(m) Whether there exists an opportunityfor an adjournment at the end of the hearingif the party then determines that additionalevidence should be brought to the attentionof the agency and the hearing reopened.

(n) Whether there exists an opportunityafter the hearing and prior to the final de-termination or order of the agency to reviewand object to any proposed findings of fact,conclusions of law, summary of evidence orrecommendations of the officer presiding atthe hearing.

(o) A description of the appeal processfrom the determination or order of theagency.

(p) A statement that active duty service-members have a right to stay proceedingsunder the federal Servicemembers Civil Re-lief Act and may contact the Oregon StateBar or the Oregon Military Department formore information. The statement must in-clude the toll-free telephone numbers for theOregon State Bar and the Oregon MilitaryDepartment and the Internet address for theUnited States Armed Forces Legal Assist-ance Legal Services Locator website.

(3) The failure of an agency to give no-tice of any item specified in subsection (2) ofthis section does not invalidate any determi-nation or order of the agency unless upon anappeal from or review of the determinationor order a court finds that the failure affectsthe substantial rights of the complainingparty. In the event of such a finding, thecourt shall remand the matter to the agencyfor a reopening of the hearing and shall di-rect the agency as to what steps it shall taketo remedy the prejudice to the rights of thecomplaining party. [1979 c.593 §§37,38,39; 1995 c.79§63; 2007 c.288 §1; 2013 c.295 §1]

183.415 Notice of right to hearing. (1)The Legislative Assembly finds that personsaffected by actions taken by state agencieshave a right to be informed of their rightsand remedies with respect to the actions.

(2) In a contested case, all parties shallbe afforded an opportunity for hearing afterreasonable notice, served personally or byregistered or certified mail.

(3) Notice under this section must in-clude:

(a) A statement of the party’s right tohearing, with a description of the procedureand time to request a hearing, or a statementof the time and place of the hearing;



(b) A statement of the authority and ju-risdiction under which the hearing is to beheld;

(c) A reference to the particular sectionsof the statutes and rules involved;

(d) A short and plain statement of thematters asserted or charged;

(e) A statement indicating whether andunder what circumstances an order by de-fault may be entered; and

(f) A statement that active duty service-members have a right to stay proceedingsunder the federal Servicemembers Civil Re-lief Act and may contact the Oregon StateBar or the Oregon Military Department formore information. The statement must in-clude the toll-free telephone numbers for theOregon State Bar and the Oregon MilitaryDepartment and the Internet address for theUnited States Armed Forces Legal Assist-ance Legal Services Locator website. [1971c.734 §13; 1979 c.593 §18; 1985 c.757 §1; 1997 c.837 §2; 1999c.849 §§27,28; 2003 c.75 §29; 2007 c.288 §2; 2013 c.295 §3]

183.417 Procedure in contested casehearing. (1) In a contested case proceeding,the parties may elect to be represented bycounsel and to respond and present evidenceand argument on all issues properly beforethe presiding officer in the proceeding.

(2) Agencies may adopt rules of proce-dure governing participation in contestedcase proceedings by persons appearing aslimited parties.

(3)(a) Unless prohibited by law, informaldisposition may be made of any contestedcase by stipulation, agreed settlement, con-sent order or default. Informal settlementmay be made in license revocation pro-ceedings by written agreement of the partiesand the agency consenting to a suspension,fine or other form of intermediate sanction.

(b) Any informal disposition of a con-tested case, other than an informal disposi-tion by default, must be in writing andsigned by the party or parties to the con-tested case. The agency shall incorporatethat disposition into a final order. An orderunder this paragraph is not subject to ORS183.470. The agency shall deliver or mail acopy of the order to each party and to theattorney of record if the party is represented.An order that incorporates the informal dis-position is a final order in a contested case,but is not subject to judicial review. A partymay petition the agency to set aside a finalorder that incorporates the informal disposi-tion on the ground that the informal disposi-tion was obtained by fraud or duress.

(4) An order adverse to a party may beissued upon default only if a prima facie caseis made on the record. The record on a de-fault order includes all materials submitted

by the party. The record on a default ordermay be made at the time of issuance of theorder. If the record on the default orderconsists solely of an application and othermaterials submitted by the party, the agencyshall so note in the order.

(5) At the commencement of a contestedcase hearing, the officer presiding at thehearing shall explain the issues involved inthe hearing and the matters that the partiesmust either prove or disprove.

(6) Testimony at a contested case hearingshall be taken upon oath or affirmation ofthe witness. The officer presiding at thehearing shall administer oaths or affirma-tions to witnesses.

(7) The officer presiding at the hearingshall place on the record a statement of thesubstance of any written or oral ex partecommunication on a fact in issue made tothe officer during the pendency of the pro-ceeding and notify the parties of the commu-nication and of their right to rebut thecommunication. If an ex parte communica-tion is made to an administrative law judgeassigned from the Office of AdministrativeHearings established under ORS 183.605, theadministrative law judge must comply withORS 183.685.

(8) The officer presiding at the hearingshall ensure that the record developed at thehearing shows a full and fair inquiry into thefacts necessary for consideration of all issuesproperly before the presiding officer in thecase and the correct application of the lawto those facts.

(9) The record in a contested case shallinclude:

(a) All pleadings, motions and intermedi-ate rulings.

(b) Evidence received or considered.(c) Stipulations.(d) A statement of matters officially no-

ticed.(e) Questions and offers of proof, ob-

jections and rulings thereon.(f) A statement of any ex parte commu-

nication that must be disclosed under sub-section (7) of this section and that was madeto the officer presiding at the hearing.

(g) Proposed findings and exceptions.(h) Any proposed, intermediate or final

order prepared by the agency or an adminis-trative law judge.

(10) A verbatim oral, written or mechan-ical record shall be made of all motions,rulings and testimony in a contested caseproceeding. The record need not be tran-scribed unless requested for purposes of re-hearing or court review. The agency may



charge the party requesting transcription thecost of a copy of transcription, unless theparty files an appropriate affidavit ofindigency. Upon petition, a court having ju-risdiction to review under ORS 183.480 mayreduce or eliminate the charge upon findingthat it is equitable to do so, or that mattersof general interest would be determined byreview of the order of the agency. [2007 c.288§4]

183.418 [1973 c.386 §6; 1989 c.224 §11; 1991 c.750 §5;repealed by 1999 c.1041 §9]

183.420 [1957 c.717 §8 (1); repealed by 1971 c.734 §21]183.421 [1991 c.750 §4; repealed by 1999 c.1041 §9]

183.425 Depositions or subpoena ofmaterial witness; discovery. (1) On peti-tion of any party to a contested case, or uponthe agency’s own motion, the agency mayorder that the testimony of any materialwitness may be taken by deposition in themanner prescribed by law for depositions incivil actions. Depositions may also be takenby the use of audio or audio-visual re-cordings. The petition shall set forth thename and address of the witness whose tes-timony is desired, a showing of themateriality of the testimony of the witness,and a request for an order that the testimonyof such witness be taken before an officernamed in the petition for that purpose. If thewitness resides in this state and is unwillingto appear, the agency may issue a subpoenaas provided in ORS 183.440, requiring theappearance of the witness before such offi-cer.

(2) An agency may, by rule, prescribeother methods of discovery which may beused in proceedings before the agency. [1971c.734 §14; 1975 c.759 §11; 1979 c.593 §19; 1997 c.837 §6]

183.430 Hearing on refusal to renewlicense; exceptions. (1) In the case of anylicense which must be periodically renewed,where the licensee has made timely applica-tion for renewal in accordance with the rulesof the agency, such license shall not bedeemed to expire, despite any stated expira-tion date thereon, until the agency con-cerned has issued a formal order of grant ordenial of such renewal. In case an agencyproposes to refuse to renew such license,upon demand of the licensee, the agencymust grant hearing as provided by this chap-ter before issuance of order of refusal to re-new. This subsection does not apply to anyemergency or temporary permit or license.

(2) In any case where the agency finds aserious danger to the public health or safetyand sets forth specific reasons for such find-ings, the agency may suspend or refuse torenew a license without hearing, but if thelicensee demands a hearing within 90 daysafter the date of notice to the licensee ofsuch suspension or refusal to renew, then a

hearing must be granted to the licensee assoon as practicable after such demand, andthe agency shall issue an order pursuant tosuch hearing as required by this chapterconfirming, altering or revoking its earlierorder. Such a hearing need not be heldwhere the order of suspension or refusal torenew is accompanied by or is pursuant to,a citation for violation which is subject tojudicial determination in any court of thisstate, and the order by its terms will termi-nate in case of final judgment in favor of thelicensee. [1957 c.717 §8 (3), (4); 1965 c.212 §1; 1971 c.734§11]

183.435 Period allowed to requesthearing for license refusal on groundsother than test or inspection results.When an agency refuses to issue a licenserequired to pursue any commercial activity,trade, occupation or profession if the refusalis based on grounds other than the resultsof a test or inspection that agency shallgrant the person requesting the license 60days from notification of the refusal to re-quest a hearing. [Formerly 670.285]

183.440 Subpoenas in contested cases.(1) An agency may issue subpoenas on itsown motion in a contested case. In addition,an agency or hearing officer in a contestedcase may issue subpoenas upon the requestof a party to a contested case upon a show-ing of general relevance and reasonablescope of the evidence sought. A party enti-tled to have witnesses on behalf of the partymay have subpoenas issued by an attorneyof record of the party, subscribed by the sig-nature of the attorney. Witnesses appearingpursuant to subpoena, other than the partiesor officers or employees of the agency, shallreceive fees and mileage as prescribed by lawfor witnesses in ORS 44.415 (2).

(2) If any person fails to comply with anysubpoena so issued or any party or witnessrefuses to testify on any matters on whichthe party or witness may be lawfully inter-rogated, the judge of the circuit court of anycounty, on the application of the hearing of-ficer, the agency or the party requesting theissuance of or issuing the subpoena, shallcompel obedience by proceedings for con-tempt as in the case of disobedience of therequirements of a subpoena issued from suchcourt or a refusal to testify therein. [1957 c.717§8 (2); 1971 c.734 §12; 1979 c.593 §20; 1981 c.174 §4; 1989c.980 §10a; 1997 c.837 §3; 1999 c.849 §30]

183.445 Subpoena by agency or attor-ney of record of party when agency notsubject to ORS 183.440. (1) In any proceed-ing before an agency not subject to ORS183.440 in which a party is entitled to havesubpoenas issued for the appearance of wit-nesses on behalf of the party, a subpoenamay be issued by an attorney of record of the



party, subscribed by the signature of the at-torney. A subpoena issued by an attorney ofrecord may be enforced in the same manneras a subpoena issued by the agency.

(2) In any proceeding before an agencynot subject to ORS 183.440 in which a partyis entitled to have subpoenas issued by theagency to compel the appearance of wit-nesses on behalf of the party, the agency mayissue subpoenas on its own motion. [1981 c.174§6; 1997 c.837 §4; 1999 c.849 §32]

183.450 Evidence in contested cases. Incontested cases:

(1) Irrelevant, immaterial or unduly rep-etitious evidence shall be excluded but erro-neous rulings on evidence shall not precludeagency action on the record unless shown tohave substantially prejudiced the rights of aparty. All other evidence of a type commonlyrelied upon by reasonably prudent persons inconduct of their serious affairs shall be ad-missible. Agencies and hearing officers shallgive effect to the rules of privilege recog-nized by law. Objections to evidentiary offersmay be made and shall be noted in the re-cord. Any part of the evidence may be re-ceived in written form.

(2) All evidence shall be offered and madea part of the record in the case, and exceptfor matters stipulated to and except as pro-vided in subsection (4) of this section noother factual information or evidence shallbe considered in the determination of thecase. Documentary evidence may be receivedin the form of copies or excerpts, or by in-corporation by reference. The burden ofpresenting evidence to support a fact or po-sition in a contested case rests on the pro-ponent of the fact or position.

(3) Every party shall have the right ofcross-examination of witnesses who testifyand shall have the right to submit rebuttalevidence. Persons appearing in a limitedparty status shall participate in the mannerand to the extent prescribed by rule of theagency.

(4) The hearing officer and agency maytake notice of judicially cognizable facts, andmay take official notice of general, technicalor scientific facts within the specializedknowledge of the hearing officer or agency.Parties shall be notified at any time duringthe proceeding but in any event prior to thefinal decision of material officially noticedand they shall be afforded an opportunity tocontest the facts so noticed. The hearingofficer and agency may utilize the hearingofficer’s or agency’s experience, technicalcompetence and specialized knowledge in theevaluation of the evidence presented.

(5) No sanction shall be imposed or orderbe issued except upon consideration of the

whole record or such portions thereof as maybe cited by any party, and as supported by,and in accordance with, reliable, probativeand substantial evidence. [1957 c.717 §9; 1971 c.734§15; 1975 c.759 §12; 1977 c.798 §3; 1979 c.593 §21; 1987c.833 §1; 1995 c.272 §5; 1997 c.391 §1; 1997 c.801 §76; 1999c.448 §5; 1999 c.849 §34]

183.452 Representation of agencies atcontested case hearings. (1) Agencies may,at their discretion, be represented at con-tested case hearings by the Attorney Gen-eral.

(2) Notwithstanding ORS 9.160, 9.320 andORS chapter 180, and unless otherwise au-thorized by another law, an agency may berepresented at contested case hearings by anofficer or employee of the agency if:

(a) The Attorney General has consentedto the representation of the agency by anagency representative in the particular hear-ing or in the class of hearings that includesthe particular hearing; and

(b) The agency, by rule, has authorizedan agency representative to appear on itsbehalf in the particular type of hearing beingconducted.

(3) An agency representative acting un-der the provisions of this section may notgive legal advice to an agency, and may notpresent legal argument in contested casehearings, except to the extent authorized bysubsection (4) of this section.

(4) The officer presiding at a contestedcase hearing in which an agency represen-tative appears under the provisions of thissection may allow the agency representativeto present evidence, examine and cross-examine witnesses, and make arguments re-lating to the:

(a) Application of statutes and rules tothe facts in the contested case;

(b) Actions taken by the agency in thepast in similar situations;

(c) Literal meaning of the statutes orrules at issue in the contested case;

(d) Admissibility of evidence; and(e) Proper procedures to be used in the

contested case hearing.(5) Upon judicial review, no limitation

imposed under this section on an agencyrepresentative is the basis for reversal or re-mand of agency action unless the limitationresulted in substantial prejudice to a party.

(6) The Attorney General may preparemodel rules for agency representatives au-thorized under this section. [1999 c.448 §3]

Note: 183.452 was added to and made a part of183.413 to 183.470 by legislative action but was notadded to any other series. See Preface to Oregon Re-vised Statutes for further explanation.



183.453 Representation of OregonHealth Authority and Department of Hu-man Services at contested case hearings.The Oregon Health Authority and the De-partment of Human Services may be repre-sented at contested case hearings by anofficer or employee of either the authority orthe department, subject to the requirementsof ORS 183.452. [2013 c.14 §1]


183.455 [1987 c.259 §3; repealed by 1999 c.448 §10]

183.457 Representation of personsother than agencies participating in con-tested case hearings. (1) NotwithstandingORS 8.690, 9.160 and 9.320, and unless other-wise authorized by another law, a personparticipating in a contested case hearingconducted by an agency described in thissubsection may be represented by an attor-ney or by an authorized representative sub-ject to the provisions of subsection (2) of thissection. The Attorney General shall preparemodel rules for proceedings with lay repre-sentation that do not have the effect of pre-cluding lay representation. No rule adoptedby a state agency shall have the effect ofprecluding lay representation. The agenciesbefore which an authorized representativemay appear are:

(a) The State Landscape ContractorsBoard in the administration of the LandscapeContractors Law.

(b) The State Department of Energy andthe Energy Facility Siting Council.

(c) The Environmental Quality Commis-sion and the Department of EnvironmentalQuality.

(d) The Department of Consumer andBusiness Services for proceedings in whichan insured appears pursuant to ORS 737.505.

(e) The Department of Consumer andBusiness Services and any other agency forthe purpose of proceedings to enforce thestate building code, as defined by ORS455.010.

(f) The State Fire Marshal in the De-partment of State Police.

(g) The Department of State Lands forproceedings regarding the issuance or denialof fill or removal permits under ORS 196.800to 196.825.

(h) The Public Utility Commission.(i) The Water Resources Commission and

the Water Resources Department.(j) The Land Conservation and Develop-

ment Commission and the Department ofLand Conservation and Development.

(k) The State Department of Agriculture,for purposes of hearings under ORS 215.705.

(L) The Bureau of Labor and Industries.(2) A person participating in a contested

case hearing as provided in subsection (1) ofthis section may appear by an authorizedrepresentative if:

(a) The agency conducting the contestedcase hearing has determined that appearanceof such a person by an authorized represen-tative will not hinder the orderly and timelydevelopment of the record in the type ofcontested case hearing being conducted;

(b) The agency conducting the contestedcase hearing allows, by rule, authorized rep-resentatives to appear on behalf of such par-ticipants in the type of contested casehearing being conducted; and

(c) The officer presiding at the contestedcase hearing may exercise discretion to limitan authorized representative’s presentationof evidence, examination and cross-examination of witnesses, or presentation offactual arguments to ensure the orderly andtimely development of the hearing record,and shall not allow an authorized represen-tative to present legal arguments except tothe extent authorized under subsection (3) ofthis section.

(3) The officer presiding at a contestedcase hearing in which an authorized repre-sentative appears under the provisions of thissection may allow the authorized represen-tative to present evidence, examine andcross-examine witnesses, and make argu-ments relating to the:





contested case hearing.(4) Upon judicial review, no limitation

imposed by an agency presiding officer onthe participation of an authorized represen-tative shall be the basis for reversal or re-mand of agency action unless the limitationresulted in substantial prejudice to a personentitled to judicial review of the agency ac-tion.

(5) For the purposes of this section, “au-thorized representative” means a member ofa participating partnership, an authorized of-ficer or regular employee of a participatingcorporation, association or organized group,or an authorized officer or employee of aparticipating governmental authority other



than a state agency. [1987 c.833 §3; 1989 c.453 §2;1993 c.186 §4; 1995 c.102 §1; 1999 c.448 §1; 1999 c.599 §1]


183.458 Nonattorney and out-of-stateattorney representation of parties in cer-tain contested case hearings. (1) Notwith-standing any other provision of law, in anycontested case hearing before a state agencyinvolving child support, public assistance asdefined in ORS 411.010, medical assistanceas defined in ORS 414.025 or the right to befree from potentially unusual or hazardoustreatment procedures under ORS 426.385 (3),a party may be represented by any of thefollowing persons:

(a) An attorney licensed to practice lawin any state who is an employee of or con-tracts with a nonprofit legal services pro-gram that receives funding pursuant to ORS9.572.

(b) An authorized representative who isan employee of a nonprofit legal servicesprogram that receives funding pursuant toORS 9.572. The authorized representativemust be supervised by an attorney also em-ployed by a legal services program.

(c) An authorized representative who isan employee of the system described in ORS192.517 (1). The authorized representativemust be supervised by an attorney also em-ployed by the system.

(2) In any contested case hearing beforea state agency involving child support, aparty may be represented by a law studentwho is:

(a) Handling the child support matter aspart of a law school clinical program inwhich the student is enrolled; and

(b) Supervised by an attorney employedby the program.

(3) In any contested case hearing beforea state agency involving an applicant for orrecipient of medical assistance, the claimantmay be represented by a relative, friend orany other person of the claimant’s choosing.

(4) A person authorized to represent aparty under this section may present evi-dence in the proceeding, examine and cross-examine witnesses and present factual andlegal arguments in the proceeding. [1999 c.448§4; 2003 c.14 §86; 2005 c.498 §6; 2009 c.49 §1; 2013 c.688§25]


183.459 Representation of home careworker by labor union representative. (1)Notwithstanding ORS 8.690, 9.160 and 9.320,a home care worker or personal support

worker, as defined in ORS 410.600, who is aparty in a contested case hearing conductedby the Department of Human Services maybe represented in the hearing by a labor un-ion representative.

(2) The hearing officer at a contestedcase hearing in which a labor union repre-sentative appears under the provisions of thissection shall allow the representative topresent evidence, examine and cross-examinewitnesses and make arguments relating tothe:





contested case hearing. [2009 c.424 §2; 2018 c.75§9]


183.460 Examination of evidence byagency. Whenever in a contested case amajority of the officials of the agency whoare to render the final order have not heardthe case or considered the record, the order,if adverse to a party other than the agencyitself, shall not be made until a proposed or-der, including findings of fact and conclu-sions of law, has been served upon theparties and an opportunity has been affordedto each party adversely affected to file ex-ceptions and present argument to the offi-cials who are to render the decision. [1957c.717 §10; 1971 c.734 §16; 1975 c.759 §13]

183.462 Agency statement of ex partecommunications; notice. The agency shallplace on the record a statement of the sub-stance of any written or oral ex parte com-munications on a fact in issue made to theagency during its review of a contested case.The agency shall notify all parties of suchcommunications and of their right to rebutthe substance of the ex parte communica-tions on the record. [1979 c.593 §36c]

183.464 Proposed order by hearing of-ficer; amendment by agency; exemptions.(1) Except as otherwise provided in subsec-tions (1) to (4) of this section, unless a hear-ing officer is authorized or required by lawor agency rule to issue a final order, thehearing officer shall prepare and serve onthe agency and all parties to a contestedcase hearing a proposed order, including re-commended findings of fact and conclusionsof law. The proposed order shall become finalafter the 30th day following the date of ser-



vice of the proposed order, unless the agencywithin that period issues an amended order.

(2) An agency may by rule specify a pe-riod of time after which a proposed orderwill become final that is different from thatspecified in subsection (1) of this section.

(3) If an agency determines that addi-tional time will be necessary to allow theagency adequately to review a proposed or-der in a contested case, the agency may ex-tend the time after which the proposed orderwill become final by a specified period oftime. The agency shall notify the parties tothe hearing of the period of extension.

(4) Subsections (1) to (4) of this sectiondo not apply to the Public Utility Commis-sion or the Energy Facility Siting Council.

(5) The Governor may exempt any agencyor any class of contested case hearings be-fore an agency from the requirements inwhole or part of subsections (1) to (4) of thissection by executive order. The executive or-der shall contain a statement of the reasonsfor the exemption. [1979 c.593 §§36,36b; 1995 c.79§64; 2001 c.104 §64]

183.470 Orders in contested cases. Ina contested case:

(1) Every order adverse to a party to theproceeding shall be in writing or stated inthe record and may be accompanied by anopinion.

(2) A final order shall be accompanied byfindings of fact and conclusions of law. Thefindings of fact shall consist of a concisestatement of the underlying facts supportingthe findings as to each contested issue of factand as to each ultimate fact required to sup-port the agency’s order.

(3) The agency shall notify the parties toa proceeding of a final order by delivering ormailing a copy of the order and any accom-panying findings and conclusions to eachparty or, if applicable, the party’s attorneyof record.

(4) Every final order shall include a cita-tion of the statutes under which the ordermay be appealed. [1957 c.717 §11; 1971 c.734 §17; 1979c.593 §22]

183.471 Preservation of orders in elec-tronic format; fees. (1) When an agency is-sues a final order in a contested case, theagency shall maintain the final order in adigital format that:

(a) Identifies the final order by the dateit was issued;

(b) Is suitable for indexing and searching;and

(c) Preserves the textual attributes of thedocument, including the manner in whichthe document is paginated and any boldfaced,

italicized or underlined writing in the docu-ment.

(2) The Oregon State Bar may requestthat an agency provide the Oregon State Bar,or its designee, with electronic copies of finalorders issued by the agency in contestedcases. The request must be in writing. Nolater than 30 days after receiving the re-quest, the agency, subject to ORS 192.338,192.345 and 192.355, shall provide the OregonState Bar, or its designee, with an electroniccopy of all final orders identified in the re-quest.

(3) Notwithstanding ORS 192.324, anagency may not charge a fee for the first tworequests submitted under this section in acalendar year. For any subsequent request,an agency may impose a fee in accordancewith ORS 192.324 to reimburse the agencyfor the actual costs of complying with therequest.

(4) For purposes of this section, a finalorder entered in a contested case by an ad-ministrative law judge under ORS 183.625 (3)is a final order issued by the agency thatauthorized the administrative law judge toconduct the hearing.

(5) This section does not apply to finalorders by default issued under ORS 183.417(3) or to final orders issued in contestedcases by:

(a) The Department of Revenue;(b) The State Board of Parole and Post-

Prison Supervision;(c) The Department of Corrections;(d) The Employment Relations Board;(e) The Public Utility Commission of Or-

egon;(f) The Oregon Health Authority;(g) The Land Conservation and Develop-

ment Commission;(h) The Land Use Board of Appeals;(i) The Division of Child Support of the

Department of Justice;(j) The Department of Transportation, if

the final order relates to the suspension, re-vocation or cancellation of identificationcards, vehicle registrations, vehicle titles ordriving privileges or to the assessment oftaxes or stipulated settlements in the regu-lation of vehicle related businesses;

(k) The Employment Department or theEmployment Appeals Board, if the final orderrelates to benefits as defined in ORS 657.010;

(L) The Employment Department, if thefinal order relates to an assessment of un-employment tax for which a hearing was notheld; or



(m) The Department of Human Services,if the final order was not related to licensingor certification. [2013 c.156 §2]


(Judicial Review)183.480 Judicial review of agency or-

ders. (1) Except as provided in ORS 183.417(3)(b), any person adversely affected oraggrieved by an order or any party to anagency proceeding is entitled to judicial re-view of a final order, whether such order isaffirmative or negative in form. A petitionfor rehearing or reconsideration need not befiled as a condition of judicial review unlessspecifically otherwise provided by statute oragency rule.

(2) Judicial review of final orders ofagencies shall be solely as provided by ORS183.482, 183.484, 183.490 and 183.500.

(3) No action or suit shall be maintainedas to the validity of any agency order excepta final order as provided in this section andORS 183.482, 183.484, 183.490 and 183.500 orexcept upon showing that the agency is pro-ceeding without probable cause, or that theparty will suffer substantial and irreparableharm if interlocutory relief is not granted.

(4) Judicial review of orders issued pur-suant to ORS 813.410 shall be as provided byORS 813.410. [1957 c.717 §12; 1963 c.449 §1; 1971 c.734§18; 1975 c.759 §14; 1979 c.593 §23; 1983 c.338 §901; 1985c.757 §4; 1997 c.837 §5; 2007 c.288 §11]

183.482 Jurisdiction for review of con-tested cases; procedure; scope of courtauthority. (1) Jurisdiction for judicial re-view of contested cases is conferred upon theCourt of Appeals. Proceedings for reviewshall be instituted by filing a petition in theCourt of Appeals. The petition shall be filedwithin 60 days only following the date theorder upon which the petition is based isserved unless otherwise provided by statute.If a petition for rehearing has been filed,then the petition for review shall be filedwithin 60 days only following the date theorder denying the petition for rehearing isserved. If the agency does not otherwise act,a petition for rehearing or reconsiderationshall be deemed denied the 60th day follow-ing the date the petition was filed, and insuch cases, petition for judicial review shallbe filed within 60 days only following suchdate. Date of service shall be the date onwhich the agency delivered or mailed its or-der in accordance with ORS 183.470.

(2) The petition shall state the nature ofthe order the petitioner desires reviewed, andshall state whether the petitioner was a

party to the administrative proceeding, wasdenied status as a party or is seeking judicialreview as a person adversely affected oraggrieved by the agency order. In the lattercase, the petitioner shall, by supporting affi-davit, state the facts showing how the peti-tioner is adversely affected or aggrieved bythe agency order. Before deciding the issuesraised by the petition for review, the Courtof Appeals shall decide, from facts set forthin the affidavit, whether or not the petitioneris entitled to petition as an adversely af-fected or an aggrieved person. Copies of thepetition shall be served by registered or cer-tified mail upon the agency, and all otherparties of record in the agency proceeding.

(3)(a) The filing of the petition shall notstay enforcement of the agency order, butthe agency may do so upon a showing of:

(A) Irreparable injury to the petitioner;and

(B) A colorable claim of error in the or-der.

(b) When a petitioner makes the showingrequired by paragraph (a) of this subsection,the agency shall grant the stay unless theagency determines that substantial publicharm will result if the order is stayed. If theagency denies the stay, the denial shall be inwriting and shall specifically state the sub-stantial public harm that would result fromthe granting of the stay.

(c) When the agency grants a stay, theagency may impose such reasonable condi-tions as the giving of a bond, irrevocableletter of credit or other undertaking and thatthe petitioner file all documents necessary tobring the matter to issue before the Court ofAppeals within specified reasonable periodsof time.

(d) Agency denial of a motion for stay issubject to review by the Court of Appealsunder such rules as the court may establish.

(4) Within 30 days after service of thepetition, or within such further time as thecourt may allow, the agency shall transmitto the reviewing court the original or a cer-tified copy of the entire record of the pro-ceeding under review, but, by stipulation ofall parties to the review proceeding, the re-cord may be shortened. Any party unreason-ably refusing to stipulate to limit the recordmay be taxed by the court for the additionalcosts. The court may require or permit sub-sequent corrections or additions to the re-cord when deemed desirable. Except asspecifically provided in this subsection, thecost of the record shall not be taxed to thepetitioner or any intervening party. How-ever, the court may tax such costs and thecost of agency transcription of record to aparty filing a frivolous petition for review.



(5) If, on review of a contested case, be-fore the date set for hearing, application ismade to the court for leave to present addi-tional evidence, and it is shown to the satis-faction of the court that the additionalevidence is material and that there weregood and substantial reasons for failure topresent it in the proceeding before theagency, the court may order that the addi-tional evidence be taken before the agencyupon such conditions as the court deemsproper. The agency may modify its findingsand order by reason of the additional evi-dence and shall, within a time to be fixed bythe court, file with the reviewing court, tobecome a part of the record, the additionalevidence, together with any modifications ornew findings or orders, or its certificate thatthe agency elects to stand on its originalfindings and order, as the case may be.

(6) At any time subsequent to the filingof the petition for review and prior to thedate set for hearing the agency may with-draw its order for purposes of reconsider-ation. If an agency withdraws an order forpurposes of reconsideration, the agency shall,within such time as the court may allow, af-firm, modify or reverse its order. If the peti-tioner is dissatisfied with the agency actionafter withdrawal for purposes of reconsider-ation, the petitioner may refile the petitionfor review and the review shall proceed uponthe revised order. An amended petition forreview shall not be required if the agency,on reconsideration, affirms the order ormodifies the order with only minor changes.If an agency withdraws an order for purposesof reconsideration and modifies or reversesthe order in favor of the petitioner, the courtshall allow the petitioner costs, but not at-torney fees, to be paid from funds availableto the agency.

(7) Review of a contested case shall beconfined to the record, and the court shallnot substitute its judgment for that of theagency as to any issue of fact or agency dis-cretion. In the case of disputed allegationsof irregularities in procedure before theagency not shown in the record which, ifproved, would warrant reversal or remand,the Court of Appeals may refer the alle-gations to a master appointed by the courtto take evidence and make findings of factupon them. The court shall remand the orderfor further agency action if the court findsthat either the fairness of the proceedings orthe correctness of the action may have beenimpaired by a material error in procedure ora failure to follow prescribed procedure, in-cluding a failure by the presiding officer tocomply with the requirements of ORS 183.417(8).

(8)(a) The court may affirm, reverse orremand the order. If the court finds that theagency has erroneously interpreted a pro-vision of law and that a correct interpreta-tion compels a particular action, the courtshall:

(A) Set aside or modify the order; or(B) Remand the case to the agency for

further action under a correct interpretationof the provision of law.

(b) The court shall remand the order tothe agency if the court finds the agency’sexercise of discretion to be:

(A) Outside the range of discretion de-legated to the agency by law;

(B) Inconsistent with an agency rule, anofficially stated agency position, or a prioragency practice, if the inconsistency is notexplained by the agency; or

(C) Otherwise in violation of a constitu-tional or statutory provision.

(c) The court shall set aside or remandthe order if the court finds that the order isnot supported by substantial evidence in therecord. Substantial evidence exists to supporta finding of fact when the record, viewed asa whole, would permit a reasonable personto make that finding. [1975 c.759 §15; 1977 c.798§4; 1979 c.593 §24; 1985 c.757 §2; 1989 c.453 §1; 1991 c.331§44; 2007 c.659 §§2,5]

183.484 Jurisdiction for review of or-ders other than contested cases; proce-dure; scope of court authority. (1)Jurisdiction for judicial review of ordersother than contested cases is conferred uponthe Circuit Court for Marion County andupon the circuit court for the county inwhich the petitioner resides or has a princi-pal business office. Proceedings for reviewunder this section shall be instituted by fil-ing a petition in the Circuit Court for Mar-ion County or the circuit court for thecounty in which the petitioner resides or hasa principal business office.

(2) Petitions for review shall be filedwithin 60 days only following the date theorder is served, or if a petition for reconsid-eration or rehearing has been filed, thenwithin 60 days only following the date theorder denying such petition is served. If theagency does not otherwise act, a petition forrehearing or reconsideration shall be deemeddenied the 60th day following the date thepetition was filed, and in such case petitionfor judicial review shall be filed within 60days only following such date. Date of ser-vice shall be the date on which the agencydelivered or mailed its order in accordancewith ORS 183.470.

(3) The petition shall state the nature ofthe petitioner’s interest, the facts showinghow the petitioner is adversely affected or



aggrieved by the agency order and theground or grounds upon which the petitionercontends the order should be reversed or re-manded. The review shall proceed and beconducted by the court without a jury.

(4) At any time subsequent to the filingof the petition for review and prior to thedate set for hearing, the agency may with-draw its order for purposes of reconsider-ation. If an agency withdraws an order forpurposes of reconsideration, it shall, withinsuch time as the court may allow, affirm,modify or reverse its order. If the petitioneris dissatisfied with the agency action afterwithdrawal for purposes of reconsideration,the petitioner may refile the petition for re-view and the review shall proceed upon therevised order. An amended petition for re-view shall not be required if the agency, onreconsideration, affirms the order or modifiesthe order with only minor changes. If anagency withdraws an order for purposes ofreconsideration and modifies or reverses theorder in favor of the petitioner, the courtshall allow the petitioner costs, but not at-torney fees, to be paid from funds availableto the agency.

(5)(a) The court may affirm, reverse orremand the order. If the court finds that theagency has erroneously interpreted a pro-vision of law and that a correct interpreta-tion compels a particular action, it shall:

(A) Set aside or modify the order; or(B) Remand the case to the agency for

further action under a correct interpretationof the provision of law.

(b) The court shall remand the order tothe agency if it finds the agency’s exerciseof discretion to be:

(A) Outside the range of discretion de-legated to the agency by law;

(B) Inconsistent with an agency rule, anofficially stated agency position, or a prioragency practice, if the inconsistency is notexplained by the agency; or

(C) Otherwise in violation of a constitu-tional or statutory provision.

(c) The court shall set aside or remandthe order if it finds that the order is notsupported by substantial evidence in the re-cord. Substantial evidence exists to supporta finding of fact when the record, viewed asa whole, would permit a reasonable personto make that finding.

(6) In the case of reversal the court shallmake special findings of fact based upon theevidence in the record and conclusions oflaw indicating clearly all aspects in whichthe agency’s order is erroneous. [1975 c.759 §16;1979 c.284 §121; 1979 c.593 §25a; 1985 c.757 §3; 1999 c.113§1]

183.485 Decision of court on review ofcontested case. (1) The court having juris-diction for judicial review of contested casesshall direct its decision, including its judg-ment, to the agency issuing the order beingreviewed and may direct that its judgmentbe delivered to the circuit court for anycounty designated by the prevailing party forentry in the circuit court’s register.

(2) Upon receipt of the court’s decision,including the judgment, the clerk of the cir-cuit court shall enter a judgment in the reg-ister of the court pursuant to the directionof the court to which the appeal is made.[1973 c.612 §7; 1981 c.178 §11; 1985 c.540 §39; 2003 c.576§193]

183.486 Form and scope of decision ofreviewing court. (1) The reviewing court’sdecision under ORS 183.482 or 183.484 maybe mandatory, prohibitory, or declaratory inform, and it shall provide whatever relief isappropriate irrespective of the original formof the petition. The court may:

(a) Order agency action required by law,order agency exercise of discretion when re-quired by law, set aside agency action, re-mand the case for further agency proceedingsor decide the rights, privileges, obligations,requirements or procedures at issue betweenthe parties; and

(b) Order such ancillary relief as thecourt finds necessary to redress the effectsof official action wrongfully taken or with-held.

(2) If the court sets aside agency actionor remands the case to the agency for fur-ther proceedings, it may make suchinterlocutory order as the court finds neces-sary to preserve the interests of any partyand the public pending further proceedingsor agency action.

(3) Unless the court finds a ground forsetting aside, modifying, remanding, or or-dering agency action or ancillary relief undera specified provision of this section, it shallaffirm the agency action. [1979 c.593 §27]

183.490 Agency may be compelled toact. The court may, upon petition as de-scribed in ORS 183.484, compel an agency toact where it has unlawfully refused to act ormake a decision or unreasonably delayedtaking action or making a decision. [1957 c.717§13; 1979 c.593 §28]

183.495 [1975 c.759 §16a; repealed by 1985 c.757 §7]

183.497 Awarding costs and attorneyfees when finding for petitioner. (1) In ajudicial proceeding designated under subsec-tion (2) of this section the court:

(a) May, in its discretion, allow a peti-tioner reasonable attorney fees and costs ifthe court finds in favor of the petitioner.



(b) Shall allow a petitioner reasonableattorney fees and costs if the court finds infavor of the petitioner and determines thatthe state agency acted without a reasonablebasis in fact or in law; but the court maywithhold all or part of the attorney fees fromany allowance to a petitioner if the courtfinds that the state agency has proved thatits action was substantially justified or thatspecial circumstances exist that make theallowance of all or part of the attorney feesunjust.

(2) The provisions of subsection (1) ofthis section apply to an administrative or ju-dicial proceeding brought by a petitioneragainst a state agency, as defined in ORS291.002, for:

(a) Judicial review of a final order asprovided in ORS 183.480 to 183.484;

(b) Judicial review of a declaratory rulingprovided in ORS 183.410; or

(c) A judicial determination of the valid-ity of a rule as provided in ORS 183.400.

(3) Amounts allowed under this sectionfor reasonable attorney fees and costs shallbe paid from funds available to the stateagency whose final order, declaratory rulingor rule was reviewed by the court. [1981 c.871§1; 1985 c.757 §5]


(Appeals From Circuit Courts)183.500 Appeals. Any party to the pro-

ceedings before the circuit court may appealfrom the judgment of that court to the Courtof Appeals. Such appeal shall be taken in themanner provided by law for appeals from thecircuit court in suits in equity. [1957 c.717 §14;1969 c.198 §76; 2003 c.576 §394]

(Alternative Dispute Resolution)183.502 Authority of agencies to use

alternative means of dispute resolution;model rules; amendment of agreementsand forms; agency alternative disputeresolution programs. (1) Unless otherwiseprohibited by law, agencies may use alterna-tive means of dispute resolution in rulemak-ing proceedings, contested case proceedings,judicial proceedings in which the agency isa party, and any other decision-making proc-ess in which conflicts may arise. The alter-native means of dispute resolution may bearbitration, mediation or any other collab-orative problem-solving process designed toencourage parties to work together to de-velop mutually agreeable solutions to dis-putes. Use of alternative means of disputeresolution by an agency does not affect the

application of ORS 192.311 to 192.478 to theagency, or the application of ORS 192.610 to192.690 to the agency.

(2) An agency that elects to utilize alter-native means of dispute resolution shall in-form and may consult with the Mark O.Hatfield School of Government, the Depart-ment of Justice and the Oregon Departmentof Administrative Services in developing apolicy or program for implementation of al-ternative means of dispute resolution.

(3) The Attorney General, in consultationwith the Mark O. Hatfield School of Gov-ernment and the Oregon Department of Ad-ministrative Services, may develop foragencies model rules for the implementationof alternative means of dispute resolution.An agency may adopt all or part of the modelrules by reference without complying withthe rulemaking procedures of ORS 183.325 to183.410. Notice of the adoption of all or partof the model rules must be filed by theagency with the Secretary of State in themanner provided by ORS 183.355 for the fil-ing of rules.

(4) When an agency reviews the standardagreements, forms for contracts and formsfor applying for grants or other assistanceused by the agency, the agency shall deter-mine whether the agreements and formsshould be amended to authorize and encour-age the use of alternative means of disputeresolution in disputes that arise under theagreement, contract or application.

(5) The Department of Justice, the MarkO. Hatfield School of Government, the Ore-gon Department of Administrative Servicesand the Governor shall collaborate to in-crease the use of alternative dispute resolu-tion to resolve disputes involving the Stateof Oregon by:

(a) Assisting agencies to develop a policyfor alternative means of dispute resolution;

(b) Assisting agencies to develop or ex-pand flexible and diverse agency programsthat provide alternative means of disputeresolution; and

(c) Providing assistance in the efficientand effective selection of mediators orfacilitators.

(6)(a) The Mark O. Hatfield School ofGovernment, the Oregon Department of Ad-ministrative Services and the Department ofJustice shall work cooperatively in designingthe program under ORS 36.179 that is in-tended to provide services to, apply to or in-volve any state agency.

(b) The Mark O. Hatfield School of Gov-ernment, the Oregon Department of Admin-istrative Services and the Department ofJustice shall enter into an interagencyagreement that includes, but is not limited



to, provisions on appropriate roles, reportingrequirements and coordination of servicesprovided to state agencies by the Mark O.Hatfield School of Government pursuant toORS 36.179.

(c) Before providing dispute resolutionservices in a specific matter to a stateagency under ORS 36.179, the Mark O.Hatfield School of Government shall notifythe Department of Justice of any proposal toprovide such services.

(7) Agencies with alternative dispute res-olution programs shall seek to identify casesappropriate for mediation and other meansof alternative dispute resolution and to de-sign systems and procedures to resolve thosecases.

(8) The purpose of the agency alternativedispute resolution programs is to:

(a) Increase agency efficiency;(b) Increase public and agency satisfac-

tion with the process and results of disputeresolution; and

(c) Decrease the cost of resolving dis-putes.

(9) An agency may use the services of anemployee of another agency or of the federalgovernment to serve as a mediator orfacilitator, and may provide the services ofan agency employee to another agency or tothe federal government to serve as amediator or facilitator. An agency may enterinto an agreement with another agency orwith the federal government to determinereimbursement for services of an employeeacting as a mediator or facilitator under theprovisions of this subsection. This subsectiondoes not apply to mediation under ORS243.650 to 243.806. [1993 c.647 §2; 1995 c.515 §2; 1997c.706 §5; 1997 c.801 §42; 1997 c.837 §7; 2001 c.581 §2; 2003c.791 §§27,27a; 2005 c.334 §§1,2; 2005 c.817 §6]


183.510 [1957 c.717 §16; repealed by 1971 c.734 §21]

(Housing Cost Impact Statement)183.530 Housing cost impact state-

ment required for certain proposed rules.A housing cost impact statement shall beprepared upon the proposal for adoption orrepeal of any rule or any amendment to anexisting rule by:

(1) The Oregon Housing Stability Coun-cil;

(2) A building codes division of the De-partment of Consumer and Business Servicesor any board associated with the departmentwith regard to rules adopted under ORS455.610 to 455.630;

(3) The Land Conservation and Develop-ment Commission;

(4) The Environmental Quality Commis-sion;

(5) The Construction Contractors Board;(6) The Occupational Safety and Health

Division of the Department of Consumer andBusiness Services; or

(7) The State Department of Energy. [1995c.652 §2; 2015 c.180 §39]

Note: 183.530 to 183.538 were added to and made apart of ORS chapter 183 by legislative action but werenot added to any smaller series therein. See Preface toOregon Revised Statutes for further explanation.

183.534 Housing cost impact state-ment described; rules. (1) A housing costimpact statement is an estimate of the effectof a proposed rule or ordinance on the costof development of a 6,000 square foot parceland the construction of a 1,200 square footdetached single family dwelling on that par-cel. The Oregon Housing Stability Councilshall adopt rules prescribing the form to beused when preparing the estimate and othersuch rules necessary to the implementationof this section and ORS 183.530 and 183.538.

(2) A housing cost impact statement:(a) For an agency listed in ORS 183.530

shall be incorporated in the:(A) Fiscal impact statement required by

ORS 183.335 (2)(b)(E) for permanent ruleadoption; or

(B) Statements required by ORS 183.335(5) for temporary rule adoption.

(b) Shall not be required for the adoptionof any procedural rule by an agency listed inORS 183.530. [1995 c.652 §3; 1997 c.249 §54; 2015 c.180§40]

Note: See note under 183.530.

183.538 Effect of failure to preparehousing cost impact statement; judicialreview. (1) Notwithstanding ORS 183.335(12), 183.400 (4) or any other provision of law,the failure to prepare a housing cost impactstatement shall not affect the validity or ef-fective date of any rule or ordinance or anyamendment to a rule or ordinance.

(2) If a rule or ordinance or any amend-ment to a rule or ordinance is challengedbased on the failure to prepare a housingcost impact statement, the court or other re-viewing authority shall remand the proposedrule or ordinance or any amendment to arule or ordinance to the adopting or repeal-ing entity if it determines that a housingcost impact statement is required.

(3) The court or other reviewing author-ity shall determine only whether a housingcost impact statement was prepared and shallnot make any determination as to the suffi-



ciency of the housing cost impact statement.[1995 c.652 §4; 2001 c.220 §4]


(Effects of Rules on Small Business)183.540 Reduction of economic impact

on small business. If the statement of costof compliance effect on small businesses re-quired by ORS 183.335 (2)(b)(E) shows that arule has a significant adverse effect uponsmall business, to the extent consistent withthe public health and safety purpose of therule, the agency shall reduce the economicimpact of the rule on small business by:

(1) Establishing differing compliance orreporting requirements or time tables forsmall business;

(2) Clarifying, consolidating or simplify-ing the compliance and reporting require-ments under the rule for small business;

(3) Utilizing objective criteria for stan-dards;

(4) Exempting small businesses from anyor all requirements of the rule; or

(5) Otherwise establishing less intrusiveor less costly alternatives applicable to smallbusiness. [1981 c.755 §4; 2003 c.749 §7; 2005 c.807 §6]

183.545 [1981 c.755 §5; repealed by 2003 c.749 §17]183.550 [1981 c.755 §6; repealed by 2003 c.749 §17]183.560 [2001 c.374 §1; 2003 c.740 §1; renumbered

183.700 in 2003]183.562 [2001 c.374 §2; renumbered 183.702 in 2003]183.600 [1999 c.849 §2; 2003 c.75 §1; repealed by 2009

c.866 §4]

(Office of Administrative Hearings)183.605 Office of Administrative Hear-

ings. (1) The Office of Administrative Hear-ings is established within the EmploymentDepartment. The office shall be managed bythe chief administrative law judge appointedunder ORS 183.610. The office shall makeadministrative law judges available to agen-cies under ORS 183.605 to 183.690. Adminis-trative law judges assigned from the officeunder ORS 183.605 to 183.690 may:

(a) Conduct contested case proceedingson behalf of agencies in the manner providedby ORS 183.605 to 183.690;

(b) Perform such other services, as maybe requested by an agency, that are appro-priate for the resolution of disputes arisingout of the conduct of agency business; and

(c) Perform such other duties as may beauthorized under ORS 183.605 to 183.690.

(2) All persons serving as administrativelaw judges in the office must meet the stan-dards and training requirements of ORS183.680.

(3) The Employment Department shallprovide administrative services to the Officeof Administrative Hearings, including budgetservices, accounting services, procurementservices, contracting services, human re-sources services and information technologyservices. The services must be provided in amanner that is consistent with law, rules andstate policies. The Office of AdministrativeHearings shall reimburse the EmploymentDepartment for the costs of the services pro-vided. [1999 c.849 §3; 2003 c.75 §2; 2009 c.866 §5]

183.610 Chief administrative law judge.(1) The Governor shall appoint a person toserve as chief administrative law judge forthe Office of Administrative Hearings. TheGovernor shall consider recommendations bythe Office of Administrative Hearings Over-sight Committee in appointing a chief ad-ministrative law judge. The person appointedto serve as chief administrative law judgemust be an active member of the OregonState Bar. The chief administrative law judgehas all the powers necessary and convenientto organize and manage the office. Subject tothe State Personnel Relations Law, the chiefadministrative law judge shall employ allpersons necessary for the administration ofthe office, prescribe the duties of those em-ployees and fix their compensation. The chiefadministrative law judge shall serve for aterm of four years. Notwithstanding ORS236.140, the Governor may remove the chiefadministrative law judge only for cause.

(2) The chief administrative law judgeshall employ administrative law judges. Thechief administrative law judge shall ensurethat administrative law judges employed forthe office receive all training necessary tomeet the standards required under the pro-gram created under ORS 183.680.

(3) The chief administrative law judgeshall take all actions necessary to protectand ensure the independence of each admin-istrative law judge assigned from the office.[1999 c.849 §4; 2003 c.75 §3; 2009 c.866 §1]

183.615 Administrative law judges; du-ties; qualifications; rules. (1) An adminis-trative law judge employed by or contractingwith the chief administrative law judge shallconduct hearings on behalf of agencies asassigned by the chief administrative lawjudge. An administrative law judge shall beimpartial in the performance of the adminis-trative law judge’s duties and shall remainfair in all hearings conducted by the admin-istrative law judge. An administrative lawjudge shall develop the record in contestedcase proceedings in the manner provided byORS 183.417 (8).

(2) Only persons who have a knowledgeof administrative law and procedure may beemployed by the chief administrative law



judge as administrative law judges. The chiefadministrative law judge by rule may estab-lish additional qualifications for administra-tive law judges employed for the office. [1999c.849 §5; 2003 c.75 §4; 2007 c.659 §§3,6]

183.620 Contract administrative lawjudges. (1) The chief administrative lawjudge for the Office of Administrative Hear-ings may contract for the services of personsto act as administrative law judges.

(2) Contract administrative law judgesshall meet the same qualifications as admin-istrative law judges regularly employed bythe chief administrative law judge and shallbe paid at an hourly rate comparable to theper hour cost of salary and benefits for ad-ministrative law judges regularly employedby the chief administrative law judge andconducting similar hearings. [1999 c.849 §6; 2003c.75 §5]

183.625 Assignment of administrativelaw judges; conduct of hearings. (1) In as-signing an administrative law judge to con-duct hearings on behalf of an agency, thechief administrative law judge shall, when-ever practicable, assign an administrativelaw judge that has expertise in the legal is-sues or general subject matter of the pro-ceeding.

(2) Notwithstanding any other provisionof state law, any agency that is required touse administrative law judges assigned fromthe Office of Administrative Hearings toconduct hearings must delegate responsibil-ity for the conduct of the hearing to an ad-ministrative law judge assigned from theOffice of Administrative Hearings, and thehearing may not be conducted by the admin-istrator, director, board, commission or otherperson or body charged with administeringthe agency.

(3) Any agency may authorize an admin-istrative law judge assigned to conduct ahearing on behalf of the agency under thissection to enter a final order for the agency.

(4) An agency that is not required to useadministrative law judges assigned from theoffice may contract with the chief adminis-trative law judge for the assignment of anadministrative law judge from the office forthe purpose of conducting one or more con-tested cases on behalf of the agency. [1999c.849 §7; 2003 c.75 §6]

183.630 Model rules of procedure; ex-emptions; depositions. (1) Except as pro-vided in subsection (2) of this section, allcontested case hearings conducted by admin-istrative law judges assigned from the Officeof Administrative Hearings must be con-ducted pursuant to the model rules of proce-dure prepared by the Attorney General underORS 183.341 if the hearing is subject to the

procedural requirements for contested caseproceedings.

(2) The Attorney General, after consult-ing with the chief administrative law judge,may exempt an agency or a category of casesfrom the requirements of subsection (1) ofthis section. The exemption may be from allor part of the model rules adopted by theAttorney General. Any exemption grantedunder this subsection must be made in writ-ing.

(3) The Attorney General shall consultwith an advisory group when adopting modelrules of procedure for the purpose of con-tested case hearings conducted by adminis-trative law judges assigned from the Officeof Administrative Hearings. The advisorygroup shall consist of:

(a) The chief administrative law judge;(b) An officer or employee of a state

agency, appointed by the Governor;(c) An attorney who practices adminis-

trative law, appointed by the Oregon StateBar;

(d) A deputy or assistant attorney gen-eral appointed by the Attorney General; and

(e) A public member, appointed by theGovernor, who is not an attorney or an offi-cer or employee of a state agency.

(4) Except as may be expressly grantedby the agency to an administrative law judgeassigned from the office, or as may be ex-pressly provided for by law, an administra-tive law judge conducting a hearing for anagency under ORS 183.605 to 183.690 may notauthorize a party to take a deposition that isto be paid for by the agency. [1999 c.849 §8; 2003c.75 §7; 2009 c.866 §6]

183.635 Agencies required to use ad-ministrative law judges from Office ofAdministrative Hearings; exceptions. (1)Except as provided in this section, all agen-cies must use administrative law judges as-signed from the Office of AdministrativeHearings established under ORS 183.605 toconduct contested case hearings, without re-gard to whether those hearings are subjectto the procedural requirements for contestedcase hearings.

(2) The following agencies need not useadministrative law judges assigned from theoffice:

(a) Attorney General.(b) Boards of stewards appointed by the

Oregon Racing Commission.(c) Bureau of Labor and Industries and

the Commissioner of the Bureau of Laborand Industries.

(d) Department of Corrections.



(e) Department of Education, State Boardof Education and Superintendent of PublicInstruction.

(f) Department of Human Services forvocational rehabilitation services cases un-der 29 U.S.C. 722(c) and disability determi-nation cases under 42 U.S.C. 405.

(g) Department of Revenue.(h) Department of State Police.(i) Employment Appeals Board.(j) Employment Relations Board.(k) Energy Facility Siting Council.(L) Fair Dismissal Appeals Board.(m) Governor.(n) Land Conservation and Development

Commission.(o) Land Use Board of Appeals.(p) Local government boundary commis-

sions created pursuant to ORS 199.430.(q) Public universities listed in ORS

352.002.(r) Oregon Youth Authority.(s) Psychiatric Security Review Board.(t) Public Utility Commission.(u) State Accident Insurance Fund Cor-

poration.(v) State Apprenticeship and Training

Council.(w) State Board of Parole and Post-Prison

Supervision.(x) State Land Board.(y) State Treasurer.(3) The Workers’ Compensation Board is

exempt from using administrative law judgesassigned from the office for any hearing con-ducted by the board under ORS chapters 147,654 and 656. Except as specifically providedin this subsection, the Department of Con-sumer and Business Services must use ad-ministrative law judges assigned from theoffice only for contested cases arising out ofthe department’s powers and duties under:

(a) ORS 86A.095 to 86A.198, 86A.990 and86A.992 and ORS chapter 59;

(b) ORS chapter 455;(c) ORS chapter 674;(d) ORS chapters 706 to 716;(e) ORS chapter 717;(f) ORS chapters 723, 725 and 726; and(g) ORS chapters 731, 732, 733, 734, 735,

737, 742, 743, 743A, 743B, 744, 746, 748 and750.

(4) Notwithstanding any other provisionof law, in any proceeding in which an agencyis required to use an administrative lawjudge assigned from the office, an officer or

employee of the agency may not conduct thehearing on behalf of the agency.

(5) Notwithstanding any other provisionof ORS 183.605 to 183.690, an agency is notrequired to use an administrative law judgeassigned from the office if:

(a) Federal law requires that a differentadministrative law judge or hearing officerbe used; or

(b) Use of an administrative law judgefrom the office could result in a loss of fed-eral funds.

(6) Notwithstanding any other provisionof this section, the Department of Environ-mental Quality must use administrative lawjudges assigned from the office only for con-tested case hearings conducted under theprovisions of ORS 183.413 to 183.470. [1999c.849 §9; 2001 c.900 §46; 2003 c.75 §8; 2005 c.22 §131; 2005c.26 §18; 2007 c.239 §9; 2009 c.541 §6; 2009 c.762 §46; 2009c.830 §147; 2009 c.866 §10; 2011 c.637 §64; 2011 c.708 §25;2013 c.296 §19; 2015 c.767 §53; 2017 c.442 §24]

Note: The amendments to 183.635 by section 56,chapter 678, Oregon Laws 2019, become operative July1, 2021. See section 85, chapter 678, Oregon Laws 2019.The text that is operative on and after July 1, 2021, isset forth for the user’s convenience.

183.635. (1) Except as provided in this section, allagencies must use administrative law judges assignedfrom the Office of Administrative Hearings establishedunder ORS 183.605 to conduct contested case hearings,without regard to whether those hearings are subject tothe procedural requirements for contested case hearings.

(2) The following agencies need not use adminis-trative law judges assigned from the office:

(a) Attorney General.(b) Boards of stewards appointed by the Oregon

Racing Commission.(c) Bureau of Labor and Industries and the Com-

missioner of the Bureau of Labor and Industries.(d) Department of Corrections.(e) Department of Education, State Board of Edu-

cation and Superintendent of Public Instruction.(f) Department of Human Services for vocational

rehabilitation services cases under 29 U.S.C. 722(c) anddisability determination cases under 42 U.S.C. 405.

(g) Department of Revenue.(h) Department of State Police.(i) Employment Appeals Board.(j) Employment Relations Board.(k) Energy Facility Siting Council.(L) Fair Dismissal Appeals Board.(m) Governor.(n) Land Conservation and Development Commis-

sion.(o) Land Use Board of Appeals.(p) Local government boundary commissions cre-

ated pursuant to ORS 199.430.(q) Public universities listed in ORS 352.002.(r) Oregon Youth Authority.(s) Psychiatric Security Review Board.(t) Public Utility Commission.(u) State Accident Insurance Fund Corporation.(v) State Apprenticeship and Training Council.



(w) State Board of Parole and Post-Prison Super-vision.

(x) State Land Board.(y) State Treasurer, except the State Treasurer

shall use an administrative law judge for contestedcases involving claims arising under ORS 98.302 to98.436, 98.992 or 116.253 or any other claim to escheatedor unclaimed property.

(3) The Workers’ Compensation Board is exemptfrom using administrative law judges assigned from theoffice for any hearing conducted by the board underORS chapters 147, 654 and 656. Except as specificallyprovided in this subsection, the Department of Con-sumer and Business Services must use administrativelaw judges assigned from the office only for contestedcases arising out of the department’s powers and dutiesunder:

(a) ORS 86A.095 to 86A.198, 86A.990 and 86A.992 andORS chapter 59;

(b) ORS chapter 455;(c) ORS chapter 674;(d) ORS chapters 706 to 716;(e) ORS chapter 717;(f) ORS chapters 723, 725 and 726; and(g) ORS chapters 731, 732, 733, 734, 735, 737, 742,

743, 743A, 743B, 744, 746, 748 and 750.(4) Notwithstanding any other provision of law, in

any proceeding in which an agency is required to usean administrative law judge assigned from the office,an officer or employee of the agency may not conductthe hearing on behalf of the agency.

(5) Notwithstanding any other provision of ORS183.605 to 183.690, an agency is not required to use anadministrative law judge assigned from the office if:

(a) Federal law requires that a different adminis-trative law judge or hearing officer be used; or

(b) Use of an administrative law judge from theoffice could result in a loss of federal funds.

(6) Notwithstanding any other provision of thissection, the Department of Environmental Quality mustuse administrative law judges assigned from the officeonly for contested case hearings conducted under theprovisions of ORS 183.413 to 183.470.

183.640 Use of Office of Administra-tive Hearings by exempt agencies and bypolitical subdivisions. (1) Upon request ofan agency, the chief administrative law judgefor the Office of Administrative Hearingsmay assign administrative law judges fromthe office to conduct contested case pro-ceedings on behalf of agencies that are ex-empted from mandatory use of administrativelaw judges assigned from the office underORS 183.635.

(2) The chief administrative law judgemay contract with any political subdivisionof this state to provide the services of ad-ministrative law judges to the political sub-division for the purpose of conductingquasi-judicial hearings on behalf of the poli-tical subdivision. [1999 c. 849 §10; 2003 c.75 §9]

183.645 Request for change of admin-istrative law judge; rules. (1) After assign-ment of an administrative law judge from theOffice of Administrative Hearings to conducta hearing on behalf of an agency, the chief

administrative law judge shall assign a dif-ferent administrative law judge for the hear-ing upon receiving a written request fromany party in the contested case or from theagency. The chief administrative law judgemay by rule establish time limitations andprocedures for requests under this section.

(2) Only one request for a change of as-signment of administrative law judge undersubsection (1) of this section may be grantedby the chief administrative law judge withouta showing of good cause. If a party or agencyfails to make a request under subsection (1)of this section within the time allowed, or ifa party or agency objects to an administra-tive law judge assigned after a request for adifferent administrative law judge has beengranted under subsection (1) of this section,the chief administrative law judge shall as-sign a different administrative law judge onlyupon a showing of good cause.

(3) Notwithstanding subsection (1) of thissection, a different administrative law judgemay not be assigned for a hearing providedunder ORS 813.410 or 813.440 on suspensionof driving privileges, except upon a showingof good cause. [1999 c.849 §11; 2001 c.294 §8; 2003 c.75§10]

183.650 Form of order; modification ofform of order by agency; finding of his-torical fact. (1) In any contested case hear-ing conducted by an administrative law judgeassigned from the Office of AdministrativeHearings, the administrative law judge shallprepare and serve on the agency and all par-ties to the hearing a form of order, includingrecommended findings of fact and conclu-sions of law. The administrative law judgeshall also prepare and serve a proposed orderin the manner provided by ORS 183.464 un-less the agency or hearing is exempt fromthe requirements of ORS 183.464.

(2) If the administrative law judge as-signed from the office will not enter the finalorder in a contested case proceeding, and theagency modifies the form of order issued bythe administrative law judge in any substan-tial manner, the agency must identify themodifications and provide an explanation tothe parties to the hearing as to why theagency made the modifications.

(3) An agency conducting a contestedcase hearing may modify a finding of histor-ical fact made by the administrative lawjudge assigned from the Office of Adminis-trative Hearings only if the agency deter-mines that there is clear and convincingevidence in the record that the finding waswrong. For the purposes of this section, anadministrative law judge makes a finding ofhistorical fact if the administrative law judgedetermines that an event did or did not occurin the past or that a circumstance or status



did or did not exist either before the hearingor at the time of the hearing.

(4) Notwithstanding ORS 19.415 (3), if aparty seeks judicial review of an agency’smodification of a finding of historical factunder subsection (3) of this section, the courtshall make an independent finding of the factin dispute by conducting a review de novoof the record viewed as a whole. If the courtdecides that the agency erred in modifyingthe finding of historical fact made by the ad-ministrative law judge, the court shall re-mand the matter to the agency for entry ofan order consistent with the court’s judg-ment. [1999 c.849 §12; 2003 c.75 §11; 2009 c.231 §5; 2009c.866 §7]

183.655 Fees. The chief administrativelaw judge for the Office of AdministrativeHearings shall establish a schedule of feesfor services rendered by administrative lawjudges assigned from the office. The feecharged shall be in an amount calculated torecover the cost of providing the administra-tive law judge, the cost of conducting thehearing and all associated administrativecosts. All fees collected by the chief admin-istrative law judge under this section shallbe paid into the Office of AdministrativeHearings Operating Account created underORS 183.660. [1999 c.849 §13; 2003 c.75 §12]

183.660 Office of Administrative Hear-ings Operating Account. (1) The Office ofAdministrative Hearings Operating Accountis created within the General Fund. The ac-count shall consist of moneys paid into theaccount under ORS 183.655. Moneys creditedto the account are continuously appropriatedto the chief administrative law judge for theOffice of Administrative Hearings createdunder ORS 183.605 for the purpose of payingexpenses incurred in the administration ofthe office.

(2) At the discretion of the chief admin-istrative law judge, petty cash funds may beestablished and maintained for the purposeof administering the duties of the office. [1999c.849 §14; 2003 c.75 §13]

183.665 Estimates of office expenses.The chief administrative law judge for theOffice of Administrative Hearings shall esti-mate in advance the expenses that the officewill incur during each biennium and shallnotify each agency required to use theoffice’s services of the agency’s share of theanticipated expenses for periods within thebiennium. [1999 c.849 §15; 2003 c.75 §14]

183.670 Rules. Subject to the provisionsof the State Personnel Relations Law, thechief administrative law judge for the Officeof Administrative Hearings may adopt rulesto:

(1) Organize and manage the Office ofAdministrative Hearings established underORS 183.605.

(2) Facilitate the performance of the du-ties of administrative law judges assignedfrom the office.

(3) Establish qualifications for personsemployed as administrative law judges by theoffice.

(4) Establish standards and proceduresfor the evaluation and training of adminis-trative law judges employed by the office,consistent with standards and training re-quirements established under ORS 183.680.[1999 c.849 §16; 2003 c.75 §15]

183.675 Alternative dispute resolution.ORS 183.605 to 183.690 do not limit in anyway the ability of any agency to use alter-native dispute resolution, including medi-ation or arbitration, to resolve disputeswithout conducting a contested case hearingor without requesting assignment of an ad-ministrative law judge from the Office ofAdministrative Hearings. [1999 c.849 §16a; 2003c.75 §16]

183.680 Standards and training pro-gram. (1) The chief administrative law judgefor the Office of Administrative Hearings,working in coordination with the AttorneyGeneral, shall design and implement a stan-dards and training program for administra-tive law judges employed by the office andfor persons seeking to be employed as ad-ministrative law judges by the office. Theprogram shall include:

(a) The establishment of an ethical codefor persons employed as administrative lawjudges by the office.

(b) Training for administrative law judgesemployed by the office that is designed toassist in identifying cases that are appropri-ate for the use of alternative dispute resolu-tion processes.

(2) The program established by the chiefadministrative law judge under this sectionmay include:

(a) The conducting of courses on admin-istrative law, evidence, hearing proceduresand other issues that arise in presiding overadministrative hearings, including coursesdesigned to provide any training required bythe chief administrative law judge for ad-ministrative law judges employed by the of-fice.

(b) The certification of courses offered byother persons for the purpose of any trainingrequired by the chief administrative lawjudge for administrative law judges employedby the office.

(c) The provision of specialized trainingfor administrative law judges in subject mat-



ter areas affecting particular agencies re-quired to use administrative law judgesassigned from the office.

(3) The chief administrative law judge isbound by the ethical code established underthis section and must satisfactorily completetraining required of administrative lawjudges employed by the office other thanspecialized training in subject matter areasaffecting particular agencies. [1999 c.849 §19;2003 c.75 §17]

183.685 Ex parte communications. (1)An administrative law judge assigned fromthe Office of Administrative Hearings who ispresiding in a contested case proceeding andwho receives an ex parte communication de-scribed in subsections (3) and (4) of this sec-tion shall place in the record of the pendingmatter:

(a) The name of each person from whomthe administrative law judge received an exparte communication;

(b) A copy of any ex parte written com-munication received by the administrativelaw judge;

(c) A copy of any written response to thecommunication made by the administrativelaw judge;

(d) A memorandum reflecting the sub-stance of any ex parte oral communicationmade to the administrative law judge; and

(e) A memorandum reflecting the sub-stance of any oral response made by the ad-ministrative law judge to an ex parte oralcommunication.

(2) Upon making a record of an ex partecommunication under subsection (1) of thissection, an administrative law judge shalladvise the agency and all parties in the pro-ceeding that an ex parte communication hasbeen made a part of the record. The admin-istrative law judge shall allow the agencyand parties an opportunity to respond to theex parte communication.

(3) Except as otherwise provided in thissection, the provisions of this section applyto communications that:

(a) Relate to a legal or factual issue in acontested case proceeding;

(b) Are made directly or indirectly to anadministrative law judge while the proceed-ing is pending; and

(c) Are made without notice and oppor-tunity for the agency and all parties to par-ticipate in the communication.

(4) The provisions of this section apply toany ex parte communication made directlyor indirectly to an administrative law judge,or to any agent of an administrative lawjudge, by:

(a) A party;(b) A party’s representative or legal ad-

viser;(c) Any other person who has a direct or

indirect interest in the outcome of the pro-ceeding;

(d) Any other person with personalknowledge of the facts relevant to the pro-ceeding; or

(e) Any officer, employee or agent of anagency.

(5) The provisions of this section do notapply to:

(a) Communications made to an adminis-trative law judge by other administrative lawjudges; or

(b) Communications made to an adminis-trative law judge by any person employed bythe office to assist the administrative lawjudge. [1999 c.849 §20; 2003 c.75 §18; 2009 c.866 §9]

183.690 Office of Administrative Hear-ings Oversight Committee. (1) The Officeof Administrative Hearings Oversight Com-mittee is created. The committee consists ofnine members, as follows:

(a) The President of the Senate and theSpeaker of the House of Representativesshall appoint four legislators to the commit-tee. Two shall be Senators appointed by thePresident. Two shall be Representatives ap-pointed by the Speaker.

(b) The Governor shall appoint two mem-bers to the committee. At least one of themembers appointed by the Governor shall bean active member of the Oregon State Barwith experience in representing parties whoare not agencies in contested case hearings.

(c) The Attorney General shall appointtwo members to the committee.

(d) The chief administrative law judge forthe Office of Administrative Hearings shallserve as an ex officio member of the com-mittee. The chief administrative law judgemay cast a vote on a matter before the com-mittee if the votes of the other members areequally divided on the matter.

(2) The term of a legislative member ofthe committee shall be two years. If a personappointed by the President of the Senate orby the Speaker of the House ceases to be aSenator or Representative during theperson’s term on the committee, the personmay continue to serve as a member of thecommittee for the balance of the member’sterm on the committee. The term of all otherappointed members shall be four years. Ap-pointed members of the committee may bereappointed. If a vacancy occurs in one ofthe appointed positions for any reason duringthe term of membership, the official who ap-



pointed the member to the vacated positionshall appoint a new member to serve the re-mainder of the term. An appointed memberof the committee may be removed from thecommittee at any time by the official whoappointed the member.

(3)(a) The members of the committeeshall select from among themselves a chair-person and a vice chairperson.

(b) The committee shall meet at suchtimes and places as determined by the chair-person.

(4) Legislative members shall be entitledto payment of per diem and expense re-imbursement under ORS 171.072, payablefrom funds appropriated to the LegislativeAssembly.

(5) The committee shall:(a) Study the operations of the Office of

Administrative Hearings;(b) Make any recommendations to the

Governor and the Legislative Assembly thatthe committee deems necessary to increasethe effectiveness, fairness and efficiency ofthe operations of the Office of AdministrativeHearings;

(c) Make any recommendations for addi-tional legislation governing the operations ofthe Office of Administrative Hearings; and

(d) Conduct such other studies as neces-sary to accomplish the purposes of this sub-section.

(6) The Employment Department shallprovide the committee with staff, subject toavailability of funding for that purpose. [1999c.849 §21; 2003 c.75 §19; 2005 c.22 §132; 2009 c.866 §3]

PERMITS AND LICENSES183.700 Permits subject to ORS

183.702. (1) As used in this section and ORS183.702, “permit” means an individual andparticularized license, permit, certificate, ap-proval, registration or similar form of per-mission required by law to pursue anyactivity specified in this section, for whichan agency must weigh information, makespecific findings and make determinations ona case-by-case basis for each applicant.

(2) The requirements of this section andORS 183.702 apply to the following permitsgranted by:

(a) The Department of EnvironmentalQuality under ORS 448.415, 454.655, 454.695,454.790, 454.800, 459.205, 465.315, 465.325,466.140, 466.145, 466.706 to 466.882, 468A.040,468A.310, 468B.035, 468B.040, 468B.045,468B.050 and 468B.095.

(b) The Department of State Lands underORS 196.800 to 196.900 and 390.805 to390.925.

(c) The Water Resources Department un-der ORS chapters 537 and 540, except thosepermits issued under ORS 537.747 to 537.765.

(d) The State Department of Agriculturepursuant to ORS 468B.200 to 468B.230 and622.250.

(e) The State Department of Fish andWildlife pursuant to ORS 497.142, 497.218,497.228, 497.238, 497.248, 497.252, 497.298,497.308, 498.019, 498.279, 508.106, 508.300,508.760, 508.775, 508.801, 508.840, 508.880,508.926 and 509.140.

(f) The Department of Transportationpursuant to ORS 374.312. [Formerly 183.560]

Note: 183.700 and 183.702 were enacted into law bythe Legislative Assembly but were not added to or madea part of ORS chapter 183 or any series therein by leg-islative action. See Preface to Oregon Revised Statutesfor further explanation.

183.702 Statement of criteria and pro-cedures for evaluating permit application;documentation of decision on application;required signature. (1) At the time a personapplies for a permit specified in ORS 183.700,the issuing agency shall offer a document tothat applicant that specifies the criteria andprocedures for evaluating a permit applica-tion.

(2) The agencies specified in ORS 183.700must document in writing the basis for alldecisions to deny a permit specified in ORS183.700, including citation to the criteria ap-plied by the agency and the manner in whichagency standards were utilized in applyingthe criteria. The documentation required un-der this section shall be made part of therecord for the decision on the permit appli-cation.

(3) At least one officer or employee of theissuing agency who has authority to sign or-ders on behalf of the agency, or the officeror employee responsible for the decision todeny a permit specified in ORS 183.700, shallsign the documentation required under sub-section (2) of this section.

(4) The issuing agency shall provide tothe applicant a copy of the documentationrequired under subsection (2) of this section.[Formerly 183.562]


183.705 Extended term for renewed li-censes; fees; continuing education; rules.(1) Notwithstanding any other provision oflaw, an agency that issues licenses that mustbe renewed on an annual basis under thelaws administered by the agency also mayoffer those licenses with terms of two, three,four or five years. Notwithstanding anyother provision of law, an agency that issueslicenses that must be renewed on a biennialbasis under the laws administered by theagency also may offer those licenses with



terms of three, four or five years. Extendedterms may be offered only for renewed li-censes and may not be offered for initial ap-plications for licenses.

(2) An agency may offer an extendedterm under this section for a license issuedby the agency only after adopting a rule au-thorizing the extended term. An agency mayadopt a rule authorizing an extended termonly if the agency finds that the extendedterm is consistent with public safety andwith the objectives of the licensing require-ment. An agency by rule may prohibit ex-tended terms based on prior licensediscipline of an applicant.

(3) An applicant must meet all qualifica-tions established by the agency to be grantedan extended term.

(4) An agency may not offer an extendedterm under this section if:

(a) Another agency or a local govern-ment, as defined by ORS 174.116, is author-ized by statute to make a recommendationon the issuance of the license;

(b) The agency or the local government,as defined by ORS 174.116, that has authorityto make a recommendation on the issuanceof the license has recommended against theissuance of the license; and

(c) The recommendation of the agency orthe local government, as defined by ORS174.116, is based on licensing criteria estab-lished by statute or by rule.

(5) An extended term granted under thissection may be revoked by an agency if theagency determines that the licensee is sub-ject to discipline under the licensing criteriaapplicable to the licensee. An agency offeringextended terms under this section by rulemay establish other grounds for revoking anextended term under this section.

(6) Notwithstanding any other provisionof law, an agency that offers an extendedterm under this section for a license issuedby the agency shall increase the annual orbiennial license fee established by statute bya percentage no greater than necessary toensure that there is no revenue loss by rea-son of the extended term.

(7) Notwithstanding any other provisionof law, an agency that offers an extendedterm under this section for a license issuedby the agency shall increase any annual orbiennial continuing education requirementestablished by statute as necessary to ensurethat there is no reduction in the continuingeducation requirement for licensees by rea-son of the extended term. [2005 c.76 §2; 2007 c.768§1]

REVIEW OF RULES(Legislative Assembly)

183.710 Definitions for ORS 183.710 to183.730. As used in ORS 183.710 to 183.730,unless the context requires otherwise:

(1) “Interim committee” means a com-mittee of the Legislative Assembly that isscheduled to meet when the Legislative As-sembly is not in session and that hassubject-matter jurisdiction over the stateagency that has adopted a rule, as set forthin the subject-matter jurisdiction list devel-oped under ORS 183.724.

(2) “Rule” has the meaning given thatterm in ORS 183.310.

(3) “State agency” means an agency asdefined in ORS 183.310. [Formerly 171.705; 2009c.81 §1]

Note: 183.710 to 183.730 were enacted into law bythe Legislative Assembly but were not added to or madea part of ORS chapter 183 or any series therein by leg-islative action. See Preface to Oregon Revised Statutesfor further explanation.

183.715 Submission of adopted rule toLegislative Counsel required. If a stateagency adopts, amends or repeals a rule, theSecretary of State shall electronically submita copy of the adopted, amended or repealedrule to the Legislative Counsel within 10days after the agency files the rule in theoffice of the Secretary of State as providedin ORS 183.355. The electronic transmissionof an amended rule that is submitted to theLegislative Counsel must show all changesto the rule by striking through material tobe deleted and underlining all new material,or by any other method that clearly showsall new and deleted material. [Formerly 171.707;1991 c.94 §1; 1999 c.167 §1; 2005 c.18 §2; 2017 c.518 §7]


183.720 Procedure for review of agencyrule; reports on rules claimed to beduplicative or conflicting. (1) The Legisla-tive Counsel may review, or shall review atthe direction of the Legislative CounselCommittee, a proposed rule or an adoptedrule of a state agency.

(2) The Legislative Counsel may reviewan adopted rule of a state agency upon thewritten request of any person affected by therule. The Legislative Counsel shall review aproposed or adopted rule of a state agencyupon the written request of any member ofthe Legislative Assembly. The written re-quest for review must identify the specificobjection or problem with the rule.

(3) When reviewing a rule of a stateagency pursuant to subsection (1) or (2) ofthis section, the Legislative Counsel shall:

(a) Determine whether the rule appearsto be within the intent and scope of the en-



abling legislation purporting to authorize itsadoption; and

(b) Determine whether the rule raisesany constitutional issue other than describedin paragraph (a) of this subsection, and if so,the nature of the issue.

(4) In making a determination under sub-section (3)(a) of this section, the LegislativeCounsel shall, wherever possible, follow gen-erally accepted principles of statutory con-struction.

(5) The Legislative Counsel shall preparewritten findings on a rule reviewed, settingforth the determinations made under subsec-tion (3) of this section.

(6) When a review of a rule is made bythe Legislative Counsel, the LegislativeCounsel shall send a copy of the determi-nations made under subsection (3) of thissection to the appropriate interim committeeor, if the review was requested by a memberof the Legislative Assembly or by a personaffected by the rule, to the person requestingthe review. If the Legislative Counsel deter-mines that a rule is not within the intentand scope of the enabling legislation pur-porting to authorize the state agency’s adop-tion of the rule, or that the rule raises aconstitutional issue, the Legislative Counselshall also send a copy of the determinationto the agency. The Legislative Counsel mayrequest that the state agency respond inwriting to the determinations or appear atthe meeting of the interim committee atwhich the committee will consider the deter-minations. The interim committee may directthe Legislative Counsel to send a copy of thedeterminations to the presiding officer of ahouse of the Legislative Assembly, who mayrefer the determinations to any legislativecommittee concerned.

(7)(a) A member of the Legislative As-sembly may request that Legislative Counselprepare a report on a rule adopted by a stateagency that the member asserts isduplicative of or conflicts with another rule.A person affected by a rule adopted by astate agency may request that LegislativeCounsel prepare a report on the rule if theperson asserts that the rule is duplicative ofor conflicts with another rule. A request fora report must be in writing and containcopies of the two rules that are claimed tobe duplicative or conflicting. The second rulemay be either a rule adopted by a stateagency or a rule or regulation adopted by afederal agency.

(b)(A) Upon receipt of a written requestby a member of the Legislative Assembly, theLegislative Counsel shall prepare a report tothe interim committee that contains:

(i) A copy of the request, including copiesof the two rules that the member asserts areconflicting or duplicative; and

(ii) Legislative Counsel’s analysis of therequirements of the two rules.

(B) Upon receipt of a written request bya person affected by a rule adopted by a stateagency, the Legislative Counsel may preparea written report to the person and each stateagency concerned that contains the Legisla-tive Counsel’s analysis of the requirementsof the two rules.

(8) Upon receipt of a report under sub-section (7)(b)(A) of this section, the interimcommittee may issue a determination that arule is duplicative of or conflicts with theother cited rule.

(9) When a report on a rule is made bythe Legislative Counsel under subsection(7)(b)(A) of this section, the LegislativeCounsel shall send a copy of the report andany determinations made under subsection(8) of this section to each state agency con-cerned. The interim committee may directthe Legislative Counsel to send a copy of thedeterminations to the presiding officer of ahouse of the Legislative Assembly, who mayrefer the determinations to any legislativecommittee concerned. [Formerly 171.709; 1993 c.729§7; 1997 c.602 §4; 2001 c.156 §1; 2009 c.81 §4]


183.722 Required agency response toLegislative Counsel determination; con-sideration of determination by interimcommittee. (1)(a) If the Legislative Counseldetermines under ORS 183.720 (3) that aproposed or adopted rule is not within theintent and scope of the enabling legislationpurporting to authorize the rule’s adoption,or that the rule is not constitutional, and theLegislative Counsel has provided a copy ofthat determination to the state agency pur-suant to 183.720 (6), the agency shall eithermake a written response to the determi-nation or appear at the meeting of the in-terim committee at which the committee willconsider the determinations. The response ofthe state agency shall indicate if the agencyintends to repeal, amend or take other actionwith respect to the rule.

(b) The interim committee shall considerthe Legislative Counsel determination de-scribed in paragraph (a) of this subsectionand any state agency response to the deter-mination. If the interim committee adoptsthe Legislative Counsel determination, theLegislative Counsel shall post the determi-nation on the Legislative Counsel website.Adopted determinations that are posted onthe website shall be organized by OAR num-ber and shall remain on the website until theearlier of the date that:



(A) The rule is modified and the Legisla-tive Counsel determines that the modifiedrule is within the intent and scope of theenabling legislation;

(B) A court makes a final determinationthat the rule is within the intent and scopeof the enabling legislation and is otherwiseconstitutional, all appeals of the court’s de-termination are exhausted and the stateagency notifies the Legislative Counsel ofthe determination; or

(C) The Legislative Assembly modifiesthe enabling legislation so as to bring therule within the intent and scope of the ena-bling legislation, any other constitutionaldefect in the rule is cured and the stateagency notifies the Legislative Counsel ofthe modification or cure.

(2) If the Legislative Counsel determinesunder ORS 183.720 (3) that a proposed oradopted rule is not within the intent andscope of the enabling legislation purportingto authorize the rule’s adoption, or that therule is not constitutional, and the interimcommittee is not satisfied with the responseto those issues made by the state agency, thecommittee may request that one or morerepresentatives of the agency appear at asubsequent meeting of the committee alongwith a representative of the Oregon Depart-ment of Administrative Services for the pur-pose of further explaining the position of theagency.

(3) If a state agency is requested undersubsection (2) of this section to appear at asubsequent meeting of the interim committeealong with a representative of the OregonDepartment of Administrative Services, theagency shall promptly notify the departmentof the request. The notification to the de-partment must be in writing, and must in-clude a copy of the determinations made bythe Legislative Counsel and a copy of anywritten response made by the state agencyto the determinations. [1997 c.602 §7; 1999 c.31 §2;2009 c.81 §5]


183.724 Designation of interim com-mittees for purposes of considering rulereports. (1) As soon as is practicable afterthe end of each odd-numbered year regularlegislative session, the Legislative Counselshall develop a list of state agencies withareas of responsibility that are primarilywithin the subject-matter jurisdiction of in-terim committees of the Legislative Assem-bly. The Legislative Counsel shall assign allstate agencies to at least one interim com-mittee. The Legislative Counsel may modifythe list to reflect changes in interim com-mittees. The Legislative Counsel shall dis-tribute the list to all state agencieswhenever the list is developed or modified.

(2) If an interim committee of one houseof the Legislative Assembly has overlappingsubject-matter jurisdiction with an interimcommittee of the other house, the LegislativeCounsel may assign a state agency to eithercommittee or to both committees. The Leg-islative Counsel shall strive to assign stateagencies so as to ensure that the rule reviewworkload is approximately equally distrib-uted between the interim committees of bothhouses of the Legislative Assembly.

(3) The consideration of the written find-ings prepared by the Legislative Counsel ona rule by any one interim committee of ei-ther house of the Legislative Assembly satis-fies the requirements of ORS 183.710 to183.730. [2009 c.81 §3; 2011 c.545 §13]

Note: See note under 183.710.183.725 [Formerly 171.713; 1993 c.729 §8; 1997 c.602

§5; 1999 c.31 §1; 2009 c.81 §6; repealed by 2017 c.518 §9]

(Oregon Sunshine Committee)183.730 Review of rule by Oregon

Sunshine Committee. (1) As used in thissection, “public record” has the meaninggiven that term in ORS 192.311.

(2) The Oregon Sunshine Committee shallinclude in the plan or schedule for reviewestablished under ORS 192.511 an adoptedrule of a state agency upon the written re-quest of any person affected by the rule ifthe adopted rule impacts the disclosure, orexemption from disclosure, of a public re-cord. The request must specify the disclosureor exemption that is of concern.

(3) The committee shall include in theplan or schedule for review established underORS 192.511 an adopted rule of a stateagency upon the written request of a memberof the Legislative Assembly if the adoptedrule impacts the disclosure, or exemptionfrom disclosure, of a public record. [2017 c.654§9]


CIVIL PENALTIES183.745 Civil penalty procedures; no-

tice; hearing; judicial review; exemptions;recording; enforcement. (1) Except as oth-erwise provided by law, an agency may onlyimpose a civil penalty as provided in thissection.

(2) A civil penalty imposed under thissection shall become due and payable 10 daysafter the order imposing the civil penaltybecomes final by operation of law or on ap-peal. A person against whom a civil penaltyis to be imposed shall be served with a noticein the form provided in ORS 183.415. Serviceof the notice shall be accomplished in themanner provided by ORS 183.415.



(3) The person to whom the notice is ad-dressed shall have 20 days from the date ofservice of the notice provided for in subsec-tion (2) of this section in which to makewritten application for a hearing. The agencymay by rule provide for a longer period oftime in which application for a hearing maybe made. If no application for a hearing ismade within the time allowed, the agencymay make a final order imposing the penalty.A final order entered under this subsectionneed not be delivered or mailed to the personagainst whom the civil penalty is imposed.

(4) Any person who makes application asprovided for in subsection (3) of this sectionshall be entitled to a hearing. The hearingshall be conducted as a contested case hear-ing pursuant to the applicable provisions ofORS 183.413 to 183.470.

(5) Judicial review of an order made aftera hearing under subsection (4) of this sectionshall be as provided in ORS 183.480 to183.497 for judicial review of contested cases.

(6) When an order assessing a civil pen-alty under this section becomes final by op-eration of law or on appeal, and the amountof penalty is not paid within 10 days afterthe order becomes final, the order may berecorded with the county clerk in any countyof this state. The clerk shall thereupon re-cord the name of the person incurring thepenalty and the amount of the penalty in theCounty Clerk Lien Record.

(7) This section does not apply to penal-ties:

(a) Imposed under the tax laws of thisstate;

(b) Imposed under the provisions of ORS646.760 or 652.332;

(c) Imposed under the provisions of ORSchapter 654, 656 or 659A; or

(d) Imposed by the Public Utility Com-mission.

(8) This section creates no new authorityin any agency to impose civil penalties.

(9) This section does not affect:(a) Any right under any other law that

an agency may have to bring an action in acourt of this state to recover a civil penalty;or

(b) The ability of an agency to collect aproperly imposed civil penalty under theprovisions of ORS 305.830.

(10) The notice provided for in subsection(2) of this section may be made part of anyother notice served by the agency under ORS183.415.

(11) Informal disposition of proceedingsunder this section, whether by stipulation,agreed settlement, consent order or default,may be made at any time.

(12) In addition to any other remedy pro-vided by law, recording an order in theCounty Clerk Lien Record pursuant to theprovisions of this section has the effect pro-vided for in ORS 205.125 and 205.126, and theorder may be enforced as provided in ORS205.125 and 205.126.

(13) As used in this section:(a) “Agency” has that meaning given in

ORS 183.310.(b) “Civil penalty” includes only those

monetary penalties that are specifically de-nominated as civil penalties by statute.[Formerly 183.090]


READABILITY OF PUBLIC WRITINGS183.750 State agency required to pre-

pare public writings in readable form. (1)Every state agency shall prepare its publicwritings in language that is as clear andsimple as possible.

(2) As used in this section:(a) “Public writing” means any rule,

form, license or notice prepared by a stateagency.

(b) “State agency” means any officer,board, commission, department, division orinstitution in the executive or administrativebranch of state government. [Formerly 183.025]



EXECUTIVE BRANCH; ORGANIZATION



Motor Vehicle and Aircraft Fuel Taxes

MOTOR VEHICLE FUEL AND AIRCRAFT FUEL TAXES

319.010 Definitions for ORS 319.010 to 319.430319.020 Monthly statement by dealer; license tax

imposed; rules319.030 License required for dealer in motor ve-

hicle fuel319.040 Application for and issuance of dealer’s

license319.042 Grounds for refusal to issue dealer li-

cense; hearing; records inspection319.050 Performance bond; hearing319.051 Conditions for reduced bond amount319.052 Conditions for increased bond amount;

request and conditions for reduction;rules

319.053 Amount of bond when twice license taxis less than $1,000

319.060 Deposit in lieu of bond319.070 Release of surety319.080 Additional bond or deposit319.090 Immediate collection of tax and interest;

penalties; waiver319.096 Suspension of license; liability for tax;

reinstatement319.098 Contesting license suspension319.100 Revocation of license319.102 Notice to dealers of suspension or revo-

cation of another dealer’s license; rules319.110 Cancellation of license on request of

dealer or when licensee no longer a dealer319.120 Remedies cumulative319.125 Change of ownership; cancellation of li-

cense319.180 Payment of tax; delinquency penalty; in-

terest rates319.182 Collection of delinquent tax, interest or

penalty; warrant; judgment lien319.184 Use of collection agency319.186 Uncollectible tax, interest or penalty319.190 Monthly statement of dealer; penalty;

rules319.192 Refund to dealer of uncollectible taxes;

rules319.200 Assessing tax and penalty where dealer

fails to report319.210 Billing purchasers319.220 Receipt, payment or sale of motor vehicle

fuel without invoice or delivery tag pro-hibited

319.230 Transporting motor vehicle fuel in bulk319.240 Exemption of export fuel319.250 Certain sales to Armed Forces exempted;

reports319.260 Fuel in vehicles coming into or leaving

state not taxed319.270 Fuel sold or distributed to dealers

319.275 Liability for taxes, interest and penaltieswhen person importing fuel does not holdlicense

319.280 Refunds generally319.290 Limitation on applications for refunds319.300 Seller to give invoice for each purchase

made by person entitled to refund319.310 Claims for refunds may be required to be

under oath; investigation of claims319.320 Refund of tax on fuel used in operation

of vehicles over certain roads or privateproperty

319.330 Refunds to purchasers of fuel for aircraft319.370 Examinations and investigations; correct-

ing reports and payments319.375 Limitation on credit for or refund of

overpayment and on assessment of addi-tional tax

319.380 Examining books and accounts of carrierof motor vehicle fuel

319.382 Agreements for refunds to Indian tribes319.390 Records to be kept by dealers; inspection

of records319.400 Records to be kept three years319.410 Disposition of tax moneys319.415 Estimate of tax on fuel used for boats;

transfer to specified funds and accounts;use

319.417 Estimate of tax on fuel used in aircraft;transfer to State Aviation Account; use

319.420 ORS 319.510 to 319.880 not affected319.430 Savings clause

USE FUEL TAX319.510 Short title319.520 Definitions for ORS 319.510 to 319.880319.525 Agreements with Indian tribes319.530 Imposition of tax; rate319.535 Special use fuel license fee; application;

emblem319.550 User’s license required to use fuel; excep-

tions319.560 Application for and issuance of user’s li-

cense319.570 Faithful performance bond319.580 Deposit in lieu of bond319.590 Release of surety319.600 Display of emblem319.611 Penalty for unlicensed use of fuel or non-

display of authorization or emblem;waiver

319.621 Seller’s license319.628 Grounds for refusal to issue user’s or

seller’s license; hearing; records inspec-tion

319.630 Revocation of license; reissue of license319.640 Cancellation of license on request of user


REVENUE AND TAXATION

319.650 Notifying department upon ceasing to usefuel in connection with motor vehicle

319.660 Removal of emblem319.665 Seller to collect tax; exceptions; deduction

for purchase made with cardlock card319.671 When invoices required; contents319.675 Seller’s report to department; rules319.681 Payment of tax by seller319.690 Monthly report of user; remittance; credit

against taxes; annual reports of certainusers; rules

319.692 Quarterly reports if average monthly taxunder $300; when annual reports author-ized

319.694 Penalty for delinquency in remitting tax;waiver; interest rates

319.697 Records required of sellers and users; al-ternative records for certain users

319.700 Tax as lien against motor vehicle319.720 Delinquency in payment; notice to debtors

of user or seller; report to department319.730 Collection of delinquent payment by sei-

zure and sale of motor vehicle319.740 Action by Attorney General to collect de-

linquency; certificate of department asevidence

319.742 Collection of delinquent obligation gener-ally; warrant; judgment lien

319.744 Use of collection agency319.746 Uncollectible obligation319.760 Assessment of deficiency; presumption

that fuel subject to tax319.780 Assessing tax and penalty upon failure to

make report319.790 Petition for reassessment319.801 Appeal to circuit court319.810 Time limitation on service of notice of

additional tax319.820 Refund of tax erroneously or illegally col-

lected319.831 Refund of tax on fuel used in operation

of vehicle over certain roads or privateproperty

319.835 Investigation of refund applications319.840 Enforcement; rules and regulations319.850 Presumption of use; rules

319.860 Producers, distributors and others to keeprecords; examining books and records

319.870 Results of investigations to be private319.875 Prohibitions319.880 Disposition of moneys

PER-MILE ROAD USAGE CHARGE319.883 Definitions for ORS 319.883 to 319.946319.885 Per-mile road usage charge319.890 Application for road usage charge pro-

gram; consultation with vehicle dealers toencourage participation

319.895 Deposit and distribution of road usagecharge moneys

319.900 Department of Transportation to establishmethods for recording and reportingmileage

319.905 Department of Transportation to adoptrules for collecting road usage charge

319.910 Department of Transportation to establishreporting periods for road usage charge

319.915 Confidentiality of personally identifiableinformation used for reporting and col-lecting road usage charge; exceptions; re-cords to be destroyed; exceptions;Department of Transportation to providefor penalties

319.920 Reporting requirement319.923 Reconciliation of fuel taxes and per-mile

road usage charge319.925 Refunds for overpayment; grant of refund

as credit319.930 Refund applications319.935 Investigation of refund applications319.940 Violations319.945 Authority to issue emblems; display319.946 General rulemaking authority for per-mile

road usage charge program319.947 Multijurisdictional agreements

LOCAL FUEL TAXES319.950 Election required for local tax on fuel for

motor vehicles

PENALTIES319.990 Penalties


MOTOR VEHICLE AND AIRCRAFT FUEL TAXES 319.010

MOTOR VEHICLE FUEL ANDAIRCRAFT FUEL TAXES

319.010 Definitions for ORS 319.010 to319.430. As used in ORS 319.010 to 319.430,unless the context requires otherwise:

(1) “Aircraft” means every contrivancenow known, or hereafter invented, used ordesigned for navigation of or flight in the air,operated or propelled by the use of aircraftfuel.

(2) “Aircraft fuel” means any gasolineand any other inflammable or combustiblegas or liquid by whatever name such gaso-line, gas or liquid is known or sold, usableas fuel for the operation of aircraft, exceptgas or liquid, the chief use of which, as de-termined by the Department of Transporta-tion is for purposes other than the propulsionof aircraft.

(3) “Airport” means any area of land orwater, except a restricted landing area,which is designed for the landing and takeoffof aircraft.

(4) “Broker” means and includes everyperson other than a dealer engaged in busi-ness as a broker, jobber or wholesale mer-chant dealing in motor vehicle fuel oraircraft fuel.

(5) “Bulk transfer” means any change inownership of motor vehicle fuel or aircraftfuel contained in a terminal storage facilityor any physical movement of motor vehiclefuel or aircraft fuel between terminal storagefacilities by pipeline or marine transport.

(6) “Dealer” means any person who:(a) Imports or causes to be imported mo-

tor vehicle fuels or aircraft fuels for sale, useor distribution in, and after the same reachesthe State of Oregon, but “dealer” does notinclude any person who imports into thisstate motor vehicle fuel in quantities of 500gallons or less purchased from a supplierwho is licensed as a dealer under ORS319.010 to 319.430 and who assumes liabilityfor the payment of the applicable license taxto this state;

(b) Produces, refines, manufactures orcompounds motor vehicle fuels or aircraftfuels in the State of Oregon for use, distrib-ution or sale in this state;

(c) Acquires in this state for sale, use ordistribution in this state motor vehicle fuelsor aircraft fuels with respect to which therehas been no license tax previously incurred;or

(d) Acquires title to or possession of mo-tor vehicle fuels or aircraft fuels in this stateand exports the product out of this state.

(7) “Department” means the Departmentof Transportation.

(8) “Distribution” means, in addition toits ordinary meaning, the delivery of motorvehicle fuel or aircraft fuel by a dealer toany service station or into any tank, storagefacility or series of tanks or storage facilitiesconnected by pipelines, from which motorvehicle fuel or aircraft fuel is withdrawn di-rectly for sale or for delivery into the fueltanks of motor vehicles whether or not theservice station, tank or storage facility isowned, operated or controlled by the dealer.

(9) “First sale, use or distribution of mo-tor vehicle fuel or aircraft fuel” means thefirst withdrawal, other than by bulk transfer,of motor vehicle fuel or aircraft fuel fromterminal storage facilities for sale, use ordistribution. “First sale, use or distributionof motor vehicle fuel or aircraft fuel” alsomeans the first sale, use or distribution ofmotor vehicle fuel or aircraft fuel after im-port into this state if the motor vehicle fuelor aircraft fuel is delivered other than to theterminal storage facilities of a licenseddealer.

(10) “Highway” means every way,thoroughfare and place, of whatever nature,open for use of the public for the purpose ofvehicular travel.

(11) “Motor vehicle” means all vehicles,engines or machines, movable or immovable,operated or propelled by the use of motorvehicle fuel.

(12) “Motor vehicle fuel” means and in-cludes gasoline and any other inflammableor combustible gas or liquid, by whatevername such gasoline, gas or liquid is knownor sold, usable as fuel for the operation ofmotor vehicles, except gas or liquid, the chiefuse of which, as determined by the depart-ment, is for purposes other than the propul-sion of motor vehicles upon the highways ofthis state.

(13) “Person” includes every natural per-son, association, firm, partnership, corpo-ration or the United States.

(14) “Restricted landing area” means anyarea of land or water, or both, which is usedor made available for the landing and takeoffof aircraft, the use of which, except in caseof emergency, is provided from time to timeby the department.

(15) “Service station” means and includesany place operated for the purpose of retail-ing and delivering motor vehicle fuel into thefuel tanks of motor vehicles or aircraft fuelinto the fuel tanks of aircraft.

(16) “Terminal storage facility” meansany fuel storage facility that has marine orpipeline access. [Amended by 1955 c.287 §19; 1955c.730 §§1,15; 1957 c.209 §1; 1959 c.505 §1; 1963 c.226 §1;1987 c.610 §1; 1989 c.664 §1; 1993 c.741 §28]


319.020 REVENUE AND TAXATION

319.020 Monthly statement by dealer;license tax imposed; rules. (1) Subject tosubsections (2) to (4) of this section, in addi-tion to the taxes otherwise provided for bylaw, every dealer engaging in the dealer’sown name, or in the name of others, in thefirst sale, use or distribution of motor vehiclefuel or aircraft fuel or withdrawal of motorvehicle fuel or aircraft fuel for sale, use ordistribution within areas in this state withinwhich the state lacks the power to tax thesale, use or distribution of motor vehicle fuelor aircraft fuel, shall:

(a) Not later than the 25th day of eachcalendar month, render a statement to theDepartment of Transportation of all motorvehicle fuel or aircraft fuel sold, used, dis-tributed or so withdrawn by the dealer in theState of Oregon as well as all such fuel sold,used or distributed in this state by a pur-chaser thereof upon which sale, use or dis-tribution the dealer has assumed liability forthe applicable license tax during the preced-ing calendar month. The dealer shall renderthe statement to the department in the man-ner provided by the department by rule.

(b) Except as provided in ORS 319.270,pay a license tax computed on the basis of34 cents per gallon on the first sale, use ordistribution of such motor vehicle fuel oraircraft fuel so sold, used, distributed orwithdrawn as shown by such statement inthe manner and within the time provided inORS 319.010 to 319.430.

(2) When aircraft fuel is sold, used ordistributed by a dealer, the license tax shallbe computed on the basis of 11 cents pergallon of fuel so sold, used or distributed,except that when aircraft fuel usable in air-craft operated by turbine engines (turbo-propor jet) is sold, used or distributed, the taxrate shall be three cents per gallon.

(3) In lieu of claiming refund of the taxpaid on motor vehicle fuel consumed by suchdealer in nonhighway use as provided in ORS319.280, 319.290 and 319.320, or of any priorerroneous payment of license tax made to thestate by such dealer, the dealer may showsuch motor vehicle fuel as a credit or de-duction on the monthly statement and pay-ment of tax.

(4) The license tax computed on the basisof the sale, use, distribution or withdrawalof motor vehicle or aircraft fuel may not beimposed wherever such tax is prohibited bythe Constitution or laws of the United Stateswith respect to such tax. [Amended by 1955 c.730§2; 1959 c.505 §2; 1967 c.463 §1; 1973 c.376 §1; 1977 c.293§1; 1981 c.698 §1; 1983 c.727 §§1,5; 1985 c.209 §12; 1987c.610 §2; 1987 c.899 §§8,10, 14; 1989 c.664 §2; 1989 c.865§1; 1991 c.497 §§6,7; 1999 c.1037 §§1,3; 2009 c.865 §48; 2011c.101 §1; 2015 c.700 §1; 2017 c.750 §40]

Note: The amendments to 319.020 by section 4,chapter 700, Oregon Laws 2015, apply to aircraft fuel

sold, used or distributed on or after January 1, 2022. Seesection 6, chapter 700, Oregon Laws 2015. The text thatapplies to aircraft fuel sold, used or distributed on orafter January 1, 2022, including amendments by section41, chapter 750, Oregon Laws 2017, is set forth for theuser’s convenience.

319.020. (1) Subject to subsections (2) to (4) of thissection, in addition to the taxes otherwise provided forby law, every dealer engaging in the dealer’s own name,or in the name of others, in the first sale, use or dis-tribution of motor vehicle fuel or aircraft fuel or with-drawal of motor vehicle fuel or aircraft fuel for sale,use or distribution within areas in this state withinwhich the state lacks the power to tax the sale, use ordistribution of motor vehicle fuel or aircraft fuel, shall:

(a) Not later than the 25th day of each calendarmonth, render a statement to the Department of Trans-portation of all motor vehicle fuel or aircraft fuel sold,used, distributed or so withdrawn by the dealer in theState of Oregon as well as all such fuel sold, used ordistributed in this state by a purchaser thereof uponwhich sale, use or distribution the dealer has assumedliability for the applicable license tax during the pre-ceding calendar month. The dealer shall render thestatement to the department in the manner provided bythe department by rule.

(b) Except as provided in ORS 319.270, pay a li-cense tax computed on the basis of 34 cents per gallonon the first sale, use or distribution of such motor ve-hicle fuel or aircraft fuel so sold, used, distributed orwithdrawn as shown by such statement in the mannerand within the time provided in ORS 319.010 to 319.430.

(2) When aircraft fuel is sold, used or distributedby a dealer, the license tax shall be computed on thebasis of nine cents per gallon of fuel so sold, used ordistributed, except that when aircraft fuel usable inaircraft operated by turbine engines (turbo-prop or jet)is sold, used or distributed, the tax rate shall be onecent per gallon.

(3) In lieu of claiming refund of the tax paid onmotor vehicle fuel consumed by such dealer in non-highway use as provided in ORS 319.280, 319.290 and319.320, or of any prior erroneous payment of licensetax made to the state by such dealer, the dealer mayshow such motor vehicle fuel as a credit or deductionon the monthly statement and payment of tax.

(4) The license tax computed on the basis of thesale, use, distribution or withdrawal of motor vehicleor aircraft fuel may not be imposed wherever such taxis prohibited by the Constitution or laws of the UnitedStates with respect to such tax.

Note: Section 45, chapter 750, Oregon Laws 2017,provides:

Sec. 45. (1)(a) For calendar years beginning on orafter January 1, 2020, the rates determined under ORS319.020 (1)(b) and 319.530 (1) shall each be increased bytwo cents only if the Oregon Transportation Commis-sion submits a report in the manner provided by ORS192.245 on or before December 1, 2019, to the JointCommittee on Transportation established under ORS171.858 stating that:

(A) The commission has identified sufficientshovel-ready highway projects and highway mainte-nance or operational uses of the increased fuel tax re-venue to justify the increase;

(B) The set of uniform standards required underORS 184.657 (1) has been developed and the standardsare being followed;

(C) The reports received from cities and countiesunder ORS 184.657 (2) have been submitted and postedby the commission as required under ORS 184.657 (3);

(D) The Department of Transportation is imple-menting the registration fees and title fees described inORS 803.091 and 803.422; and



(E) The Interstate 205 Active Traffic ManagementProject and the Interstate 205 Corridor BottleneckProject have been completed.

(b) In addition to the facts stated in the report re-quired under paragraph (a) of this subsection, the Ore-gon Transportation Commission shall also submit withthe report:

(A) A list of the shovel-ready highway projects thecommission expects to undertake with the revenue thatwill become available as a result of the increase;

(B) The amount of bonds the commission considersnecessary to be issued to complete shovel-ready highwayprojects scheduled to be commenced after January 1,2020;

(C) The construction and financial status of un-completed in-progress projects exceeding $20 millionidentified in chapter 750, Oregon Laws 2017;

(D) The status of the Treasure Valley IntermodalFacility Project and the Value Pricing Set-Up Project;

(E) Design, cost analysis and construction optionpackages for the Interstate 5 Rose Quarter Project forconsideration by the Legislative Assembly; and

(F) The design, construction, financial status andprogress of projects costing more than $20 million thatare identified in chapter 750, Oregon Laws 2017, includ-ing, but not limited to, the Interstate 205 AbernethyBridge Project, the Interstate 205 Freeway WideningProject, the State Highway 217 Northbound Project andthe State Highway 217 Southbound Project, and anyother state transportation projects implemented afterOctober 6, 2017.

(2)(a) For calendar years beginning on or afterJanuary 1, 2022, the rates determined under ORS 319.020(1)(b) and 319.530 (1) and subsection (1) of this sectionshall each be increased by two cents only if the OregonTransportation Commission submits a report in themanner provided by ORS 192.245 on or before December1, 2021, to the Joint Committee on Transportation es-tablished under ORS 171.858 stating that:

(A) The Continuous Improvement Advisory Com-mittee appointed under ORS 184.665 has reviewed andreported to the commission on all transportation proj-ects costing $50 million or more and completed not lessthan six months prior to the date of the report requiredunder this paragraph;

(B) The recommendations for improvement reportedby the Continuous Improvement Advisory Committee tothe commission at least six months prior to the date ofthe report required under this paragraph, and approvedby the commission, have been implemented or plans forimplementation have been developed;

(C) The commission has identified sufficientshovel-ready highway projects and highway mainte-nance or operational uses of the increased fuel tax re-venue to justify the increase;

(D) The set of uniform standards required underORS 184.657 (1) has been developed and the standardsare being followed;

(E) The reports received from cities and countiesunder ORS 184.657 (2) have been posted by the commis-sion as required under ORS 184.657 (3);

(F) Under ORS 184.657 (4), payments from the StateHighway Fund have been withheld from cities andcounties that failed to submit reports as required underORS 184.657 (2); and

(G) The Department of Transportation is imple-menting the registration fees and title fees described inORS 803.091 and 803.422.

(b) In addition to the facts stated in the report re-quired under paragraph (a) of this subsection, the Ore-gon Transportation Commission shall also identify inthe report:


(B) The amount of bonds the commission considersnecessary to be issued to complete shovel-ready highwayprojects scheduled to be commenced after January 1,2022;

(C) The construction and financial status of un-completed in-progress projects exceeding $50 millionidentified in chapter 750, Oregon Laws 2017; and

(D) The design, construction, financial status andprogress of projects costing more than $20 million thatare identified in chapter 750, Oregon Laws 2017, includ-ing, but not limited to, the Interstate 5 Rose QuarterProject, the Interstate 205 Abernethy Bridge Project, theInterstate 205 Freeway Widening Project, the StateHighway 217 Northbound Project, the Newberg-DundeeBypass Project and the State Highway 217 SouthboundProject, and any other state transportation projects im-plemented after October 6, 2017.

(c) If the Commissioner of the Bureau of Labor andIndustries has found substantial evidence, under ORS279C.306, that a contracting agency that would other-wise receive increased amounts of fuel tax revenuespursuant to this section on or after January 1, 2022, hasviolated ORS 279C.305 within the five years immediatelypreceding the date of the commissioner’s finding, or hasmaterially breached an agreement entered into pursuantto ORS 279C.306, the Department of Transportationshall withhold the increased amounts until the finalresolution of the violation or breach is determined un-der ORS 279C.306.

(3)(a) For calendar years beginning on or afterJanuary 1, 2024, the rates determined under ORS 319.020(1)(b) and 319.530 (1) and subsections (1) and (2) of thissection shall each be increased by two cents only if theOregon Transportation Commission submits a report inthe manner provided by ORS 192.245 on or before De-cember 1, 2023, to the Joint Committee on Transporta-tion established under ORS 171.858 stating that:

(A) The Continuous Improvement Advisory Com-mittee appointed under ORS 184.665 has reviewed andreported to the commission on all transportation proj-ects costing $50 million or more and completed not lessthan six months prior to the date of the report requiredunder this paragraph;

(B) The recommendations for improvement reportedby the Continuous Improvement Advisory Committee tothe commission at least six months prior to the date ofthe report required under this paragraph, and approvedby the commission, have been implemented or plans forimplementation have been developed;

(C) The commission has identified sufficientshovel-ready highway projects and highway mainte-nance or operational uses of the increased fuel tax re-venue to justify the increase;

(D) The set of uniform standards required underORS 184.657 (1) has been developed and the standardsare being followed;

(E) The reports received from cities and countiesunder ORS 184.657 (2) have been posted by the commis-sion as required under ORS 184.657 (3); and

(F) Under ORS 184.657 (4), payments from the StateHighway Fund have been withheld from cities andcounties that failed to submit reports as required underORS 184.657 (2).

(b) In addition to the facts stated in the report re-quired under paragraph (a) of this subsection, the Ore-gon Transportation Commission shall also submit withthe report:




(B) The amount of bonds the commission considersnecessary to be issued to complete shovel-ready highwayprojects scheduled to be commenced after January 1,2024; and

(C) The design, construction, financial status andprogress of projects costing more than $20 million thatare identified in chapter 750, Oregon Laws 2017, includ-ing, but not limited to, the Interstate 5 Rose QuarterProject, the Interstate 205 Abernethy Bridge Project, theInterstate 205 Freeway Widening Project, the StateHighway 217 Northbound Project, the Newberg-DundeeBypass Project and the State Highway 217 SouthboundProject, and any other state transportation projects im-plemented after October 6, 2017.

(c) If the Commissioner of the Bureau of Labor andIndustries has found substantial evidence, under ORS279C.306, that a contracting agency that would other-wise receive increased amounts of fuel tax revenuespursuant to this section on or after January 1, 2024, hasviolated ORS 279C.305 within the five years immediatelypreceding the date of the commissioner’s finding, or hasmaterially breached an agreement entered into pursuantto ORS 279C.306, the Department of Transportationshall withhold the increased amounts until the finalresolution of the violation or breach is determined un-der ORS 279C.306. [2017 c.750 §45; 2018 c.93 §43; 2019c.250 §1; 2019 c.491 §7]

Note: Sections 7 and 8, chapter 700, Oregon Laws2015, provide:

Sec. 7. (1) The following amounts shall be distrib-uted in the manner prescribed in this section:

(a) Any amount of tax on aircraft fuel usable inaircraft operated by turbine engines that is computedon a basis in excess of one cent per gallon and anyamount of tax on all other aircraft fuel that is com-puted on a basis in excess of nine cents per gallon, un-der ORS 319.020 (2); and

(b) Any amount of tax on aircraft fuel usable inaircraft operated by turbine engines in excess of onecent per gallon and any amount of tax on all otheraircraft fuel in excess of nine cents per gallon, that isdeducted before the refunding of tax under ORS 319.330(1).

(2)(a) Applications for distributions under subsec-tions (5) and (6) of this section may not be approvedunless the applicant demonstrates a commitment tocontribute at least five percent of the costs of the proj-ect to which the application relates. The Oregon De-partment of Aviation shall adopt rules for purposes ofthis paragraph.

(b) The department may adopt rules that:(A) Set higher minimum contribution commitment

requirements; or(B) Establish maximum grant amounts.(3)(a) The State Aviation Board shall establish a

review committee composed of one member from eachof the area commissions on transportation chartered bythe Oregon Transportation Commission.

(b) The review committee shall meet as necessaryto review applications for distributions of amounts pur-suant to this section. In reviewing applications, the re-view committee shall consider:

(A) Whether a proposed project:(i) Reduces transportation costs for Oregon busi-

nesses or improves access to jobs and sources of laborin this state;

(ii) Results in an economic benefit to this state;(iii) Connects elements of Oregon’s aviation system

in a way that will measurably improve utilization andefficiency of the system;

(iv) Is ready for construction or implementation;and

(v) Has a useful life expectancy that offers maxi-mum benefit to this state; and

(B) How much of the cost of the proposed projectcan be borne by the applicant from sources other thanOregon Department of Aviation funds or the ConnectOregon Fund.

(c) The review committee shall recommend applica-tions to the State Aviation Board for approval.

(4)(a) Five percent of the amounts described insubsection (1) of this section are appropriated to theOregon Department of Aviation for the costs of the de-partment and the State Aviation Board in administeringthis section.

(b) The remaining 95 percent of the amounts de-scribed in subsection (1) of this section shall be dis-tributed pursuant to subsections (5) to (7) of thissection.

(5) Fifty percent of the amounts described in sub-section (4)(b) of this section shall be prioritized in thefollowing order and distributed for the following pur-poses:

(a) First, to assist airports in Oregon with matchrequirements for Federal Aviation Administration Air-port Improvement Program grants.

(b) Second, to make grants for emergency pre-paredness and infrastructure projects, in accordancewith the Oregon Resilience Plan or the Oregon AviationPlan.

(c) Third, to make grants for:(A) Services critical or essential to aviation, in-

cluding, but not limited to, fuel, sewer, water andweather equipment;

(B) Aviation-related business development, includ-ing, but not limited to, hangars, parking for businessaircraft and related facilities; or

(C) Airport development for local economic benefit,including, but not limited to, signs and marketing.

(6) Twenty-five percent of the amounts described insubsection (4)(b) of this section shall be distributed forthe purpose of assisting commercial air service to ruralOregon.

(7) Twenty-five percent of the amounts described insubsection (4)(b) of this section shall be distributed tostate-owned airports for the purposes of:

(a) Safety improvements recommended by the StateAviation Board and local community airports.

(b) Infrastructure projects at public use airports.(8)(a) The State Aviation Board shall submit re-

ports, in the manner provided in ORS 192.245 and par-agraph (b) of this subsection, that describe in detail theprojects for which applications have been submitted andapproved, the airports affected, the names of the appli-cants and the persons who will perform the work pro-posed in the applications, the progress of projects forwhich applications have been approved and any otherinformation the board considers necessary for a com-prehensive analysis of the implementation of this sec-tion.

(b) The reports described in paragraph (a) of thissubsection shall be submitted:

(A) Not later than February 10 of each year to thecommittees of the Legislative Assembly related to airtransportation; and

(B) Not later than September 30 of each year to theinterim committees of the Legislative Assembly relatedto air transportation. [2015 c.700 §7; 2017 c.750 §80a; 2019c.485 §1; 2019 c.491 §26]

Sec. 8. (1) Section 7 of this 2015 Act is repealedon January 2, 2022.

(2) Amounts described in section 7 (1) of this 2015Act that are uncommitted on the date specified in sub-



section (1) of this section for distributions made pursu-ant to section 7 (5) to (7) of this 2015 Act may beexpended as other aviation fuel tax revenues are ex-pended. [2015 c.700 §8]

319.025 [1991 c.863 §18; repealed by 1991 c.863 §21]

319.030 License required for dealer inmotor vehicle fuel. No dealer shall sell, useor distribute any motor vehicle fuel until thedealer has secured a dealer’s license as re-quired by ORS 319.010 to 319.430.

319.040 Application for and issuanceof dealer’s license. (1) Every person, beforebecoming a dealer in motor vehicle fuel inthis state, shall make an application to theDepartment of Transportation for a licenseauthorizing such person to engage in busi-ness as a dealer.

(2) Applications for the license must bemade on forms prescribed, prepared and fur-nished by the department.

(3) The applications shall be accompaniedby a duly acknowledged certificate contain-ing:

(a) The name under which the dealer istransacting business within Oregon.

(b) The places of business and locationof distributing stations of the dealer in Ore-gon.

(c) The name and address of the manag-ing agent, the names and addresses of theseveral persons constituting the firm orpartnership and, if a corporation, the corpo-rate name under which it is authorized totransact business and the names and ad-dresses of its principal officers and registeredagent.

(4) If the dealer is an association of per-sons, firm, partnership or corporation organ-ized under the laws of another state,territory or country, if it has not alreadydone so, it must first comply with the lawsof Oregon relating to the transaction of itsappropriate business in Oregon.

(5) The application for a motor vehiclefuel dealer’s license having been accepted forfiling, and the bond required by ORS 319.050having been accepted and approved, the de-partment may issue to the dealer a license insuch form as the department may prescribeto transact business as a dealer in the Stateof Oregon. The license so issued is not as-signable, and is valid only for the dealer inwhose name issued.

(6) The department shall keep and file allapplications and bonds with an alphabeticalindex thereof, together with a record of alllicensed dealers. [Amended by 1957 c.209 §2; 1999c.769 §18]

319.042 Grounds for refusal to issuedealer license; hearing; records inspec-tion. (1) The Department of Transportationmay refuse to issue a dealer license to a

person who applies as provided in ORS319.040 if the department finds that the per-son:

(a) Was the holder of a license revokedunder ORS 319.100;

(b) Is applying for a license on behalf ofa real party in interest whose license wasrevoked under ORS 319.100;

(c) Was an officer, director, owner ormanaging employee of a nonindividual li-censee whose license was revoked underORS 319.100;

(d) Owes a debt to the state under ORS319.010 to 319.430;

(e) Had a license issued by a jurisdictionother than Oregon to sell or buy untaxedmotor vehicle fuel that was revoked or can-celed for cause, whether the license was heldby the person as an individual or as an offi-cer, director, owner or managing employeeor on behalf of a real party in interest;

(f) In any jurisdiction, pleaded guilty toor was convicted of a crime directly relatedto the sale, use or distribution of motor ve-hicle fuel, whether as an individual or as anofficer, director, owner or managing em-ployee of a business engaged in the sale ordistribution of motor vehicle fuel;

(g) Had a civil judgment imposed forconduct involving fraud, misrepresentation,conversion or dishonesty, as an individual oras an officer, director, owner or managingemployee of a business engaged in the saleor distribution of motor vehicle fuel;

(h) Misrepresented or concealed a mate-rial fact in obtaining a license or in thereinstatement thereof;

(i) Violated a statute or administrativerule regarding fuel taxation or distribution;

(j) Failed to cooperate with thedepartment’s investigations by:

(A) Not furnishing requested documents;(B) Not furnishing when requested to do

so a full and complete written explanationof a matter under investigation by the de-partment; or

(C) Not responding to a subpoena issuedby the department; or

(k) Failed to comply with an order issuedby the department.

(2) In addition to refusal of a license forreasons specified in subsection (1) of thissection, the department may refuse to issuea dealer license for any other reason the de-partment deems sufficient.

(3) Before refusing to issue a license un-der this section, the department shall grantthe applicant a hearing and shall give theapplicant at least 10 days’ written notice of



the time and place of the hearing. The hear-ing shall be a contested case hearing underthe provisions of ORS chapter 183.

(4) For purpose of consideration of anapplication for a license, the department mayinspect or investigate the records of thisstate or of any other jurisdiction to verifythe information on the application and toverify the applicant’s criminal and licensinghistory. [1999 c.769 §17]


319.050 Performance bond; hearing. (1)At the time of filing the certificate and ap-plication for a dealer’s license, the Depart-ment of Transportation shall require thedealer to file with the department, in a formprepared by the department, a bond executedby the dealer as principal with a corporatesurety authorized to transact business in thisstate. The bond shall be payable to the Stateof Oregon conditioned upon performance ofall the requirements of ORS 319.010 to319.430, including the payment of all taxes,penalties and other obligations of the dealerarising out of ORS 319.010 to 319.430.

(2) Except as provided in ORS 319.051,319.052 and 319.053, a bond under subsection(1) of this section shall be in an amount thatis equivalent to twice the dealer’s estimatedmonthly license tax, as determined by thedepartment, or $250,000, whichever is less.

(3) The department may reduce or in-crease the required amount for a bond asprovided in ORS 319.051 and 319.052.

(4) A bond given in connection with ORS319.010 to 319.430 is a continuing instrumentand covers any and all periods of time in-cluding the first and all subsequent periodsfor which a license may be granted in con-sequence of the giving of the bond. The li-ability of the surety on the bond for theaggregate of all claims that arise under thebond may not exceed the amount of the pen-alty of the bond. No recoveries on any bondor any execution of any new bond may in-validate any bond, but the total recoveriesunder any one bond may not exceed theamount of the bond.

(5) A dealer required under this sectionto obtain a bond may demand by proper pe-tition a hearing on the necessity of the bondor the reasonableness of the amount re-quired. The department shall grant the peti-tion for a hearing and shall hold the hearingwithin 10 days after the demand for thehearing. The decision of the department be-comes final 10 days after service of the orderon the dealer. The hearing is not subject tothe requirements of ORS 183.413 to 183.470.

[Amended by 1967 c.359 §690; 1999 c.769 §12; 2003 c.52§1]

319.051 Conditions for reduced bondamount. (1) For a dealer described in sub-section (2) of this section, the bond requiredby the Department of Transportation underORS 319.050 shall be in an amount that isequivalent to twice the dealer’s estimatedmonthly license tax, as determined by thedepartment, or $100,000, whichever is less.

(2) The provisions of subsection (1) ofthis section apply to a dealer who held avalid dealer’s license on October 23, 1999, is-sued under ORS 319.010 to 319.430, and who,since October 23, 1999, has:

(a) Not been required to file a bondgreater than $100,000; and

(b) Performed, as determined by the de-partment, the requirements of ORS 319.010to 319.430, including the payment of alltaxes, penalties and other obligations of thedealer arising out of ORS 319.010 to 319.430.[2003 c.52 §3]

Note: 319.051 to 319.053 were added to and made apart of 319.010 to 319.430 by legislative action but werenot added to any smaller series therein. See Preface toOregon Revised Statutes for further explanation.

319.052 Conditions for increased bondamount; request and conditions for re-duction; rules. (1) The Department ofTransportation shall increase a dealer’s bondfiled under ORS 319.050 to an amount thatis equivalent to twice the dealer’s estimatedmonthly license tax, as determined by thedepartment, or $1 million, whichever is less,if, within a 24-month period, the dealer:

(a) Was late three or more times in filingreports or making payments to the depart-ment;

(b) Had three or more checks or elec-tronic funds transfers to the department dis-honored for lack of funds or credit;

(c) Failed to maintain or make availablea record of all purchases, receipts, sales anddistribution of motor vehicle fuel as requiredunder ORS 319.390; or

(d) Had a motor vehicle fuel dealer li-cense issued in this state or another juris-diction revoked.

(2) The department may waive an in-crease in the bond amount under subsection(1) of this section if the department deter-mines that the dealer did not intend to avoidpayment of license taxes when the dealerengaged in the conduct described in subsec-tion (1)(a), (b) or (c) of this section or whenthe dealer engaged in the conduct that led tothe license revocation described in subsec-tion (1)(d) of this section. If the departmentwaives an increase in the bond amount, thebond shall remain at an amount that is:



(a) Required under ORS 319.051 for adealer described in ORS 319.051; or

(b) Required under ORS 319.050.(3) If the department increases the bond

amount as provided in subsection (1) of thissection, the dealer may, after 24 months, re-quest in writing that the department reducethe bond amount. The department shall re-duce the bond amount if the department de-termines that the dealer, in the 24 monthsprior to the dealer’s written request:

(a) Filed timely reports and made timelypayments;

(b) Had no checks or electronic fundstransfers to the department dishonored forlack of funds or credit;

(c) Maintained and made available a re-cord of all purchases, receipts, sales and dis-tribution of motor vehicle fuel as requiredunder ORS 319.390; and

(d) Did not have a motor vehicle fueldealer license issued in this state or anotherjurisdiction revoked.

(4) If the department determines that thedealer met all of the requirements undersubsection (3) of this section, the departmentshall reduce the bond required of a dealerdescribed in ORS 319.050 or a dealer de-scribed in ORS 319.051 to an amount that isequivalent to twice the dealer’s estimatedmonthly license tax, as determined by thedepartment, or $250,000, whichever is less.

(5) If the department determines that thedealer failed to meet the requirements undersubsection (3) of this section and that thefailure was not due to the dealer’s intent toavoid payment of license taxes, the depart-ment may reduce the bond required of adealer described in ORS 319.050 or a dealerdescribed in ORS 319.051 to an amount thatis equivalent to twice the dealer’s estimatedmonthly license tax, as determined by thedepartment, or $250,000, whichever is less.

(6) For purposes of this section, the de-partment shall adopt rules establishing whatconstitutes evidence that a dealer did notintend to avoid payment of license taxes.[2003 c.52 §4]


319.053 Amount of bond when twicelicense tax is less than $1,000. If theamount that is equivalent to twice theamount of a dealer’s estimated monthly li-cense tax, as determined by the Departmentof Transportation, is an amount that is lessthan $1,000, the bond amount required byORS 319.050, 319.051 or 319.052 shall be$1,000. [2003 c.52 §5]


319.060 Deposit in lieu of bond. In lieuof the bond or bonds in total amount as fixedunder ORS 319.050, 319.051, 319.052 or319.053, any dealer may deposit with theState Treasurer, under such terms and con-ditions as the Department of Transportationmay prescribe, a like amount of lawfulmoney of the United States or bonds or otherobligations of the United States, the State ofOregon, or any county of this state, of anactual market value not less than theamount so fixed by the department. [Amendedby 2003 c.52 §7]

319.070 Release of surety. Any suretyon a bond furnished by a dealer as providedin ORS 319.050 shall be released and dis-charged from any and all liability to thestate accruing on such bond after the expi-ration of 30 days from the date upon whichthe surety has lodged with the Departmentof Transportation a written request to be re-leased and discharged, but this provisionshall not operate to relieve, release or dis-charge the surety from any liability alreadyaccrued or which accrues before the expira-tion of the 30-day period. The departmentshall promptly, upon receiving the request,notify the dealer who furnished the bond,and unless the dealer, on or before the expi-ration of the 30-day period, files a new bond,or makes a deposit in accordance with therequirements of ORS 319.050 and 319.060, thedepartment forthwith shall cancel thedealer’s license.

319.080 Additional bond or deposit.The Department of Transportation may re-quire a dealer to give a new or additionalsurety bond or to deposit additional securi-ties of the character specified in ORS 319.060if, in its opinion, the security of the suretybond theretofore filed by the dealer, or themarket value of the properties deposited assecurity by the dealer, becomes impaired orinadequate. Upon failure of the dealer to givethe new or additional surety bond or to de-posit additional securities within 10 days af-ter being requested so to do by thedepartment, the department forthwith shallcancel the license of the dealer.

319.090 Immediate collection of taxand interest; penalties; waiver. (1) If anydealer sells, distributes or uses any motorvehicle fuel without first filing the certificateand bond and securing the license requiredby ORS 319.030, the license tax provided inORS 319.020 shall immediately be due andpayable on account of all motor vehicle fuelso sold, distributed or used.

(2) Except as otherwise provided in thissubsection, the Department of Transportationshall proceed forthwith to determine, fromthe best available sources, the amount ofsuch tax, and it shall immediately assess the



tax and interest in the amount found due,together with a penalty of 100 percent of thetax, and shall make its certificate of suchassessment and penalty. The department maywaive all or part of a penalty imposed underthis subsection if the department determinesthat a violation of the requirement underthis section to file the certificate and bondor to secure the license was due to reason-able cause and without intent to avoid pay-ment of the tax. In any suit or proceeding tocollect such tax, interest or penalty, the cer-tificate is prima facie evidence that thedealer therein named is indebted to the Stateof Oregon in the amount of the tax, interestand penalty therein stated. [Amended by 1981c.396 §1; 1989 c.664 §3; 1999 c.769 §5]

319.096 Suspension of license; liabilityfor tax; reinstatement. (1) The Departmentof Transportation may, prior to a hearing,suspend the license of a motor vehicle fueldealer who refuses or neglects to complywith the provisions of ORS 319.010 to 319.430until the dealer complies with the provisionsof ORS 319.010 to 319.430.

(2) Upon suspension of a dealer’s licenseunder subsection (1) of this section, the de-partment shall immediately notify:

(a) The dealer by certified mail of thedealer’s license suspension and the dealer’sright to request an immediate hearing tocontest the license suspension; and

(b) All other licensed motor vehicle fueldealers by a method determined under ORS319.102 that the authority of the dealer topurchase tax-deferred motor vehicle fuel hasbeen suspended.

(3) If a licensed motor vehicle fuel dealersells tax-deferred motor vehicle fuel to adealer whose license has been suspended un-der subsection (1) of this section after thethird day after the selling dealer receivesnotice of the suspension under subsection (2)of this section, the selling dealer and thesuspended dealer are jointly and severally li-able for the tax owed on the sale of the fuel.

(4)(a) Notwithstanding the joint and se-veral liability of the selling dealer and thesuspended dealer under subsection (3) of thissection, the department shall attempt to col-lect from the suspended dealer the tax owedon the fuel for a period of 45 days from thedate of the sale to the suspended dealer.

(b) After the expiration of the 45-day pe-riod under this subsection, the departmentshall collect from the selling dealer any taxnot collected from the suspended dealer un-der this subsection.

(5) The department shall waive the li-ability of a selling dealer under subsection(3) of this section if the selling dealer estab-

lishes to the satisfaction of the departmentthat:

(a) The sale of the motor vehicle fuel tothe suspended dealer was due to circum-stances that were beyond the control of theselling dealer; or

(b) The dealer whose license was sus-pended engaged in fraud or deceit to avoidtimely payment of the tax to the sellingdealer.

(6) When a dealer whose license has beensuspended under subsection (1) of this sec-tion complies with the provisions of ORS319.010 to 319.430, the department shall rein-state the dealer’s license and shall notify bya method determined under ORS 319.102 alllicensed motor vehicle fuel dealers that thedealer’s license has been reinstated and thatthe dealer is authorized to purchase tax-deferred fuel.

(7) If the department determines that adealer whose license has been suspended un-der subsection (1) of this section is unwillingor unable to comply with the provisions ofORS 319.010 to 319.430, the department shallrevoke the license of the dealer as providedin ORS 319.100. [2003 c.113 §2]

Note: 319.096, 319.098 and 319.102 were added toand made a part of 319.010 to 319.430 by legislative ac-tion but were not added to any smaller series therein.See Preface to Oregon Revised Statutes for further ex-planation.

319.098 Contesting license suspension.A dealer whose license has been suspendedby the Department of Transportation underORS 319.096 may contest the suspension asprovided in ORS chapter 183. [2003 c.113 §3]


319.100 Revocation of license. (1) TheDepartment of Transportation shall revokethe license of any dealer whose license hasbeen suspended under ORS 319.096 and whothe department determines is unwilling orunable to comply with the provisions of ORS319.010 to 319.430.

(2) The department shall mail by certifiedmail addressed to the dealer at the last-known address in the files of the department,a notice of intention to revoke the dealer’slicense. The notice shall give the reason forthe revocation of the license.

(3) The license revocation becomes effec-tive without further notice if within 10 daysfrom the mailing of the notice the dealer hasnot complied with the provisions of ORS319.010 to 319.430.

(4) The department shall provide noticeof the revocation of the license of a dealerunder this section to all other licensed motorvehicle fuel dealers by a method determinedunder ORS 319.102. [1989 c.664 §4; 2003 c.113 §4]



319.102 Notice to dealers of suspensionor revocation of another dealer’s license;rules. The Department of Transportationshall establish by rule the most efficientmethod of notifying licensed motor vehiclefuel dealers as required under ORS 319.096and 319.100 that a dealer’s license has beensuspended, revoked or reinstated. The possi-ble methods may include, but need not belimited to, notice by telephone, electronicmail or regular mail. [2003 c.113 §5]


319.110 Cancellation of license on re-quest of dealer or when licensee nolonger a dealer. (1) The Department ofTransportation may, upon written request ofa dealer, cancel any license issued to suchdealer, the cancellation to become effective30 days from the date of receipt of the writ-ten request.

(2) If the department ascertains and findsthat the person to whom a license has beenissued is no longer engaged in the businessof a dealer, the department may cancel thelicense of such dealer upon investigation af-ter 30 days’ notice has been mailed to thelast-known address of the dealer.

319.120 Remedies cumulative. Exceptas otherwise provided in ORS 319.180 and319.200, the remedies of the state provided inORS 319.090, 319.100 and 319.110 are cumu-lative. No action taken pursuant to thosestatutes shall relieve any person from thepenal provisions of ORS 319.010 to 319.430and 319.990. [Amended by 1967 c.54 §1; 1999 c.769§7]

319.125 Change of ownership; cancel-lation of license. A licensed dealer who hasa change of ownership shall notify the De-partment of Transportation immediately ofthe change. Upon notification, the depart-ment shall immediately cancel the motor ve-hicle fuel dealer license of the dealer. Nolicense may be issued to any successor of thedealer until the successor completes an ap-plication and certificate and supplies the de-partment with an adequate bond. Forpurposes of this section:

(1) In the case of a corporation withmore than 100 stockholders, transfer of stockin normal trading is not considered a changein ownership.

(2) In the case of a corporation with 100or fewer stockholders, transfer of less than50 percent of the stock in any period of 12consecutive months is not considered achange in ownership. [1987 c.610 §21]


319.130 [Repealed by 1987 c.610 §23]

319.140 [Amended by 1959 c.505 §3; 1987 c.158 §50a;1987 c.610 §3; repealed by 1989 c.664 §6]

319.150 [Repealed by 1989 c.664 §6]319.160 [Amended by 1957 c.209 §3; 1959 c.505 §4;

1967 c.359 §691; 1987 c.610 §4; repealed by 1989 c.664 §6]319.170 [Amended by 1987 c.610 §5; repealed by 1989

c.664 §6]

319.180 Payment of tax; delinquencypenalty; interest rates. (1) The license taximposed by ORS 319.020 shall be paid on orbefore the 25th day of each month to theDepartment of Transportation which, uponrequest, shall receipt the dealer therefor.

(2) Except as provided in subsection (4)of this section, to any license tax not paidas required by subsection (1) of this sectionthere shall be added a penalty of one percentof such license tax.

(3) Except as provided in subsection (4)of this section, if the tax and penalty re-quired by subsection (2) of this section arenot received on or before the close of busi-ness on the last day of the month in whichthe payment is due, a further penalty of 10percent shall be paid in addition to the pen-alty provided for in subsection (2) of thissection.

(4) If the department determines that thedelinquency was due to reasonable cause andwithout any intent to avoid payment, thepenalties provided by subsections (2) and (3)of this section may be waived. Penalties im-posed by this section shall not apply whenthe penalty provided in ORS 319.090 has beenassessed and paid.

(5)(a) If the license tax imposed by ORS319.020 is not paid as required by subsection(1) of this section, interest shall be chargedat the rate of 0.0329 percent per day untilthe tax and interest have been paid in full.

(b) If the license tax imposed by ORS319.020 is overpaid, the department maycredit interest to the account of the taxpayerin the amount of 0.0329 percent per day upto a maximum amount that equals any inter-est assessed against the taxpayer under par-agraph (a) of this subsection in any givenaudit period.

(6) No dealer who incurs a tax liabilityas provided for in ORS 319.010 to 319.430,shall knowingly and willfully fail to reportand pay the same to the department as re-quired by ORS 319.010 to 319.430. [Amended by1955 c.730 §3; 1957 c.209 §4; 1959 c.505 §5; 1963 c.226 §2;1967 c.54 §2; 1979 c.344 §4; 1987 c.610 §6; 1989 c.664 §5;1999 c.769 §6]

319.182 Collection of delinquent tax,interest or penalty; warrant; judgmentlien. (1) If a person fails to pay in full anytax, interest or penalty due under ORS319.010 to 319.430, the Department of Trans-portation may issue a warrant for theamount due, with the added penalties or



charges, interest and the cost of executingthe warrant. A copy of the warrant shall bemailed or delivered to the taxpayer by thedepartment at the taxpayer’s last-known ad-dress.

(2) At any time after issuing a warrantunder this section, the department may re-cord the warrant in the County Clerk LienRecord of any county of this state. Recordingof the warrant has the effect described inORS 205.125. After recording a warrant, thedepartment may direct the sheriff for thecounty in which the warrant is recorded tolevy upon and sell the real and personalproperty of the taxpayer found within thatcounty, and to levy upon any currency of thetaxpayer found within that county, for theapplication of the proceeds or currencyagainst the amount reflected in the warrantand the sheriff’s cost of executing the war-rant. The sheriff shall proceed on the war-rant in the same manner prescribed by lawfor executions issued against property pursu-ant to a judgment, and is entitled to thesame fees as provided for executions issuedagainst property pursuant to a judgment. Thefees of the sheriff shall be added to and col-lected as a part of the warrant liability.

(3) In the discretion of the department awarrant under this section may be directedto any agent authorized by the departmentto collect taxes, and in the execution of thewarrant the agent has all of the powers con-ferred by law upon sheriffs, but is entitled tono fee or compensation in excess of actualexpenses paid in the performance of suchduty. [1999 c.769 §2; 2003 c.576 §200; 2011 c.661 §3]

Note: 319.182, 319.184 and 319.186 were added toand made a part of 319.010 to 319.430 by legislative ac-tion but were not added to any smaller series therein.See Preface to Oregon Revised Statutes for further ex-planation.

319.184 Use of collection agency. (1)The Department of Transportation may en-gage the services of a collection agency tocollect any of the taxes, interest and penal-ties due to the state under ORS 319.010 to319.430. The department may engage the ser-vices by entering into agreements to payreasonable charges on a contingent fee orother basis.

(2) The department may assign to thecollection agency, for collection purposesonly, any of the taxes, interest and penaltiesdue the state under ORS 319.010 to 319.430.

(3) The collection agency may bring suchactions or take such proceedings, includingattachment and garnishment proceedings, asmay be necessary. [1999 c.769 §3]


319.186 Uncollectible tax, interest orpenalty. (1) Any tax, interest or penalty duethe state assigned to a collection agencypursuant to ORS 319.184 that remains uncol-lected for two years after the date of the as-signment meets the criteria foruncollectibility formulated pursuant to ORS293.240.

(2) ORS 293.245 applies to any tax, inter-est or penalty due the state and described insubsection (1) of this section. [1999 c.769 §4; 2011c.223 §2]


319.190 Monthly statement of dealer;penalty; rules. (1) Every dealer in motorvehicle fuel shall render to the Departmentof Transportation, on or before the 25th dayof each month, on forms prescribed, preparedand furnished by the department, and in themanner provided by the department by rule,a signed statement of the number of gallonsof motor vehicle fuel sold, distributed or usedby the dealer during the preceding calendarmonth. The statement shall be signed by oneof the principal officers, or by an authorizedagent in case of a corporation; or by themanaging agent or owner in case of a firmor association.

(2) The signed statement filed with thedepartment as required by this section is apublic record. All other documents, includingsupporting schedules and information re-ceived from other taxing jurisdictions andentities, shall be kept confidential and ex-empt from public inspection except that suchinformation may be shared with tax collect-ing entities in other jurisdictions on thecondition that the receiving jurisdictionagrees to keep such information confidential.If a statement is not received on or beforethe 25th day of each month, a penalty shallbe assessed pursuant to ORS 319.180 or, ifthe department determines that no tax isdue, a penalty of $25 shall be assessed.[Amended by 1955 c.730 §4; 1957 c.209 §5; 1987 c.610 §7;2011 c.101 §2]

319.192 Refund to dealer of uncollect-ible taxes; rules. (1) Upon application to theDepartment of Transportation, a motor vehi-cle fuel dealer may obtain a refund of the taxpaid to the department on sales of motor ve-hicle fuel if:

(a) The dealer has received less than fullconsideration for the fuel from or on behalfof a purchaser;

(b) The account has been declared by thedealer to be an uncollectible account receiv-able and meets all applicable standards fordeductibility for federal income tax purposespursuant to the Internal Revenue Code; and

(c) The dealer has not previously re-ceived a refund from the department for mo-



tor vehicle fuel taxes not paid by the samepurchaser.

(2) For purposes of determining theamount of a refund due under this section,the amount of consideration received by themotor vehicle fuel dealer shall be appor-tioned between the charges for the motorvehicle fuel and the tax for the fuel. Theamount of the tax refunded may not exceedthe amount of tax paid under ORS 319.020.

(3) If the motor vehicle fuel dealer whoreceives a refund under this section subse-quently collects any amount from any sourcefor the account declared uncollectible, theamount collected shall be apportioned be-tween the charges for the motor vehicle fueland the corresponding tax for the fuel. Themotor vehicle fuel tax collected shall be re-turned to the department.

(4) The department shall adopt rules gov-erning the process of applying for and re-ceiving refunds under this section. [2003 c.307§2]


319.200 Assessing tax and penaltywhere dealer fails to report. If any dealer,except one subject to ORS 319.090, fails tofile the report required by ORS 319.190, theDepartment of Transportation shall proceedforthwith to determine from the best avail-able source the amount of motor vehicle fuelsold, distributed or used by such dealer forthe period unreported, and such determi-nation shall be prima facie evidence of theamount of such fuel sold, distributed or used.The department immediately shall assess thelicense tax in the amount so determined,adding thereto a penalty of 10 percent forfailure to report. The penalty shall be cumu-lative of other penalties provided in ORS319.010 to 319.430 and 319.990. In any suitbrought to enforce the rights of the stateunder this section, the certificate of the de-partment showing the amount of taxes, pen-alties, interest and costs unpaid by anydealer and that the same are due and unpaidto the state is prima facie evidence of thefacts as shown. [Amended by 1967 c.54 §3; 1987 c.610§8]

319.210 Billing purchasers. Bills shallbe rendered to all purchasers of motor vehi-cle fuel by dealers in motor vehicle fuel. Thebills shall separately state and describe tothe satisfaction of the Department of Trans-portation the different products shippedthereunder and shall be serially numberedexcept where other sales invoice controlsacceptable to the department are maintained.[Amended by 1955 c.730 §5; 1987 c.610 §9]

319.220 Receipt, payment or sale ofmotor vehicle fuel without invoice or de-livery tag prohibited. No person shall re-ceive and accept any shipment of motorvehicle fuel from any dealer, or pay for thesame, or sell or offer the shipment for sale,unless the shipment is accompanied by aninvoice or delivery tag showing the dateupon which shipment was delivered and thename of the dealer in motor vehicle fuel.[Amended by 1955 c.730 §6; 1987 c.610 §10]

319.230 Transporting motor vehiclefuel in bulk. Every person operating anyconveyance for the purpose of hauling,transporting or delivering motor vehicle fuelin bulk shall, before entering upon the publichighways of this state with such conveyance,have and possess during the entire time ofhauling or transporting such motor vehiclefuel an invoice, bill of sale or other writtenstatement showing the number of gallons,the true name and address of the seller orconsignor, and the true name and address ofthe buyer or consignee, if any, of the same.The person hauling such motor vehicle fuelshall at the request of any sheriff, deputysheriff, constable, state police or other offi-cer authorized by law to inquire into or in-vestigate such matters, produce and offer forinspection the invoice, bill of sale or otherstatement. [Amended by 1957 c.209 §6]

319.240 Exemption of export fuel. (1)The license tax imposed by ORS 319.020 maynot be imposed on motor vehicle fuel that isexported by a dealer:

(a) From this state to another state, ter-ritory or country, not including a federallyrecognized Indian reservation located whollyor partially within the borders of this state,where the motor vehicle fuel is unloaded;and

(b) Who has a valid motor vehicle fueldealer’s license or its equivalent issued bythe state, territory or country to which thefuel is exported and where it is unloaded.

(2) In support of any exemption from li-cense taxes claimed under this section otherthan in the case of stock transfers or deliv-eries in equipment, every dealer must exe-cute and file with the Department ofTransportation an export certificate in suchform as shall be prescribed, prepared andfurnished by the department, containing astatement, made by some person having ac-tual knowledge of the fact of suchexportation, that the motor vehicle fuel hasbeen exported from the State of Oregon, andgiving such details with reference to suchshipment as the department may require. Allexport certificates in support of shipments toother states, territories or countries must becompleted and on file in the principal officeof the dealer in this state within three



months after the close of the calendar monthin which the shipments to which they relateare made, unless the state, territory orcountry of destination would not be preju-diced with respect to its collection of taxesthereon if the certificate is not filed withinsuch time. The department may demand ofany dealer such additional data as is deemednecessary in support of any such certificate,and failure to supply such data will consti-tute a waiver of all right to exemptionclaimed by virtue of such certificate. Thedepartment may, in a case where it believesno useful purpose would be served by filingof an export certificate, waive the certificate.

(3) Any motor vehicle fuel carried fromthis state in the fuel tank of a motor vehicleshall not be considered as exported from thisstate, except that a refund of the tax may bepaid on such fuel as provided in ORS 319.280(1)(d).

(4) No person shall, through false state-ment, trick or device, or otherwise, obtainmotor vehicle fuel for export upon which theOregon tax has not been paid and fail to ex-port the same, or any portion thereof, orcause the motor vehicle fuel or any portionthereof not to be exported, or shall divert themotor vehicle fuel or any portion thereof, orshall cause it to be diverted from interstateor foreign transit begun in this state, or shallunlawfully return the motor vehicle fuel orany portion thereof to be used or sold in thisstate and fail to notify the department andthe dealer from whom the motor vehicle fuelwas originally purchased of the person’s act.

(5) No dealer or other person shallconspire with any person to withhold fromexport, or divert from interstate or foreigntransit begun in this state, or to return mo-tor vehicle fuel to this state for sale or useso as to avoid any of the taxes imposed byORS 319.010 to 319.430. [Amended by 1953 c.82§2; 1955 c.730 §7; 1959 c.186 §1; 1963 c.257 §1; 1987 c.610§11; 2003 c.56 §1]

319.250 Certain sales to Armed Forcesexempted; reports. The license tax imposedby ORS 319.020 shall not be imposed on anyaircraft or motor vehicle fuel sold to theArmed Forces of the United States for use inships, aircraft or for export from this state;but every dealer shall be required to reportsuch sales to the Department of Transporta-tion in such detail as may be required. Acertificate by an authorized officer of suchArmed Forces shall be accepted by the dealeras sufficient proof that the sale is for thepurpose specified in the certificate. [Amendedby 1955 c.730 §8; 1959 c.186 §2; 1961 c.43 §1; 1987 c.610§12]

319.260 Fuel in vehicles coming intoor leaving state not taxed. Any personcoming into or leaving Oregon in a motorvehicle may transport in the fuel tank ofsuch vehicle motor vehicle fuel for the pur-pose of operating such motor vehicle, with-out complying with any of the provisionsimposed upon dealers by ORS 319.010 to319.430. However, if motor vehicle fuel sobrought into the state is removed from thefuel tank of the vehicle or used for any pur-pose other than the propulsion of the vehicle,the person so importing the fuel into thisstate shall be subject to all the provisions ofORS 319.010 to 319.430 and 319.990 applyingto dealers. [Amended by 1987 c.610 §12a]

319.270 Fuel sold or distributed todealers. (1) Notwithstanding ORS 319.020, ifthe first sale, use or distribution of motorvehicle fuel or aircraft fuel is from one li-censed dealer to another licensed dealer, theselling or distributing dealer is not requiredto pay the license tax imposed by ORS319.020. When the purchasing or receivingdealer first sells, uses or distributes the fuel,that dealer shall pay the license tax regard-less of whether the sale, use or distributionis to another licensed dealer.

(2) A dealer who renders monthly state-ments to the Department of Transportationas required by ORS 319.020 and 319.190 shallshow separately the number of gallons ofmotor vehicle fuel sold or delivered to deal-ers. [Amended by 1987 c.610 §13]

319.275 Liability for taxes, interestand penalties when person importing fueldoes not hold license. (1) A person who isnot a licensed dealer shall not accept or re-ceive motor vehicle or aircraft fuel in thisstate from a person who imports motor vehi-cle or aircraft fuel who does not hold a validmotor vehicle fuel dealer license in thisstate. If a person who is not a licensed dealeraccepts or receives motor vehicle fuel oraircraft fuel from a person who imports mo-tor vehicle fuel or aircraft fuel and does nothold a valid motor vehicle fuel dealer licensein this state, the purchaser or receiver shallbe liable for all taxes, interest and penaltiescontained in ORS 319.010 to 319.430.

(2) A licensed dealer who accepts or re-ceives motor vehicle fuel or aircraft fuel inthis state from a person who imports motorvehicle or aircraft fuel who does not hold avalid dealer license in this state shall paythe tax imposed by ORS 319.020 to the De-partment of Transportation upon the firstsale, use or distribution of the motor vehiclefuel or aircraft fuel. [1987 c.610 §22; 1991 c.863§§18a,21a]



319.280 Refunds generally. (1) Any per-son who has paid any tax on motor vehiclefuel levied or directed to be paid by ORS319.010 to 319.430 either directly by the col-lection of the tax by the vendor from theconsumer, or indirectly by adding theamount of the tax to the price of the fuel andpaid by the consumer, shall be reimbursedand repaid the amount of such tax paid, ex-cept as provided in ORS 319.290 to 319.330,if such person has:

(a) Purchased and used such fuel for thepurpose of operating or propelling a station-ary gas engine, a tractor or a motor boat, ifthe motor boat is used for commercial pur-poses at any time during the period forwhich the refund is claimed;

(b) Purchased and used such fuel forcleaning or dyeing or other commercial use,except when used in motor vehicles operatedupon any highway;

(c) Purchased and exported such fuelfrom this state, in containers other than fuelsupply tanks of motor vehicles, provided thatthe person:

(A) Exports the motor vehicle fuel fromthis state to another state, territory orcountry, not including a federally recognizedIndian reservation located wholly or partiallywithin the borders of this state, where themotor vehicle fuel is unloaded; and

(B) Has a valid motor vehicle fueldealer’s license or its equivalent issued bythe state, territory or country to which thefuel is exported and where it is unloaded;

(d) Purchased and exported such fuel inthe fuel supply tank of a motor vehicle andhas used such fuel to operate the vehicleupon the highways of another state, if theuser has paid to the other state a similarmotor vehicle fuel tax on the same fuel, orhas paid any other highway use tax the ratefor which is increased because such fuel wasnot purchased in, and the tax thereon paid,to such state; or

(e) Purchased and used such fuel forsmall engines that are not used to propelmotor vehicles on highways, including butnot limited to those that power lawn mowers,leaf blowers, chain saws and similar imple-ments.

(2) When a motor vehicle with auxiliaryequipment uses fuel and there is no auxiliarymotor for such equipment or separate tankfor such a motor, a refund may be claimedand allowed as provided by subsection (4) ofthis section, except as otherwise provided bythis subsection, without the necessity of fur-nishing proof of the amount of fuel used inthe operation of the auxiliary equipment. Theperson claiming the refund may present tothe Department of Transportation a state-

ment of the claim and be allowed a refundas follows:

(a) For fuel used in pumping aircraft fuel,motor vehicle fuel, fuel or heating oils orother petroleum products by a power take-offunit on a delivery truck, refund shall be al-lowed claimant for tax paid on fuel pur-chased at the rate of three-fourths of onegallon for each 1,000 gallons of petroleumproducts delivered.

(b) For fuel used in operating a powertake-off unit on a cement mixer truck or ona garbage truck, claimant shall be allowed arefund of 25 percent of the tax paid on allfuel used in such a truck.

(3) When a person purchases and usesmotor vehicle fuel in a vehicle equipped witha power take-off unit, a refund may beclaimed for fuel used to operate the powertake-off unit provided the vehicle is equippedwith a metering device approved by the de-partment and designed to operate only whilethe vehicle is stationary and the parkingbrake is engaged; the quantity of fuel meas-ured by the metering device shall be pre-sumed to be the quantity of fuel consumedby the operation of the power take-off unit.

(4) Before any such refund may begranted, the person claiming such refundmust present to the department a statement,accompanied by the original invoices, or rea-sonable facsimiles approved by the depart-ment, showing such purchases; provided thatin lieu of original invoices or facsimiles, re-funds submitted under subsection (1)(d) ofthis section shall be accompanied by infor-mation showing source of the fuel used andevidence of payment of tax to the state inwhich the fuel was used. The statement shallbe made over the signature of the claimant,and shall state the total amount of such fuelfor which the claimant is entitled to be re-imbursed under subsection (1) of this section.The department upon the presentation of thestatement and invoices or facsimiles, orother required documents, shall cause to berepaid to the claimant from the taxes col-lected on motor vehicle fuel such taxes sopaid by the claimant. [Amended by 1959 c.186 §3;1963 c.257 §2; 1969 c.465 §1; 1971 c.163 §1; 1973 c.135 §1;1985 c.152 §1; 1997 c.364 §1; 2001 c.820 §4; 2003 c.56 §2;2013 c.781 §19; 2019 c.428 §5]

319.290 Limitation on applications forrefunds. Applications for refunds made un-der ORS 319.280, 319.320 and 319.330 must befiled with the Department of Transportationbefore the expiration of 15 months from thedate of purchase or invoice, except that un-used fuel reported as an ending inventory onany claim may be included in a subsequentclaim if presented not later than 15 monthsfrom the filing date of the claim which es-tablished the inventory. All applications for



refunds based upon exportation of motor ve-hicle fuel from this state in the fuel supplytank of a motor vehicle must be filed withthe department before the expiration of 15months from the last day of the month inwhich the fuel was used, or before the expi-ration of 15 months from the date of an as-sessment for unpaid tax by the state inwhich the fuel was used. [Amended by 1955 c.730§9; 1963 c.257 §3; 1979 c.344 §5]

319.300 Seller to give invoice for eachpurchase made by person entitled to re-fund. (1) When motor vehicle fuel is sold toa person who claims to be entitled to a re-fund of the tax imposed, the seller of themotor vehicle fuel shall make and deliver atthe time of the sale separate invoices foreach purchase in such form and containingany information prescribed by the Depart-ment of Transportation.

(2) The invoices shall be legibly writtenand shall be void if any corrections or era-sures appear on the face thereof. Any personwho alters any part of any invoice that willtend to give to the claimant an illegal gain,shall have the entire claim invalidated. Theseller shall for a period of at least 18 monthsretain copies of all invoices and make themavailable to the department upon request.[Amended by 1953 c.77 §2; 1955 c.730 §10; 1957 c.209 §7]

319.310 Claims for refunds may be re-quired to be under oath; investigation ofclaims. (1) The Department of Transporta-tion may require any person who makesclaim for refund of tax upon motor vehiclefuel to furnish a statement, under oath, giv-ing the occupation, description of the ma-chines or equipment in which the motorvehicle fuel was used, the place where usedand such other information as the depart-ment may require.

(2) The department may investigateclaims and gather and compile such informa-tion in regard to the claims as it considersnecessary to safeguard the state and preventfraudulent practices in connection with taxrefunds and tax evasions. The departmentmay, in order to establish the validity of anyclaim, examine the books and records of theclaimant for such purposes. The records shallbe sufficient to substantiate the accuracy ofthe claim and shall be in such form andcontain such information as the departmentmay require. Failure of the claimant tomaintain such records or to accede to thedemand for such examination constitutes awaiver of all rights to the refund claimed onaccount of the transaction questioned.[Amended by 1959 c.186 §4]

319.320 Refund of tax on fuel used inoperation of vehicles over certain roadsor private property. (1) Upon compliancewith subsection (2) or (3) of this section the

Department of Transportation shall refund,in the manner provided in subsection (2) or(3) of this section, the tax on motor vehiclefuel that is used in the operation of a motorvehicle:

(a) By any person on any road,thoroughfare or property in private owner-ship.

(b) By any person on any road,thoroughfare or property, other than a statehighway, county road or city street, for theremoval of forest products, as defined in ORS321.005, or the products of such forest pro-ducts converted to a form other than logs ator near the harvesting site, or for the con-struction or maintenance of the road,thoroughfare or property, pursuant to awritten agreement or permit authorizing theuse, construction or maintenance of the road,thoroughfare or property, with or by:

(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

subparagraph (A), (B) or (C) of this para-graph.

(c) By an agency of the United States orof this state or of any county, city or port ofthis state on any road, thoroughfare or prop-erty, other than a state highway, county roador city street.

(d) By any person on any county road forthe removal of forest products, as defined inORS 321.005, or the products of such forestproducts converted to a form other than logsat or near the harvesting site, if:

(A) The use of the county road is pursu-ant to a written agreement entered into with,or to a permit issued by, the State Board ofForestry, the State Forester or an agency ofthe United States, authorizing such personto use such road and requiring such personto pay for or to perform the construction ormaintenance of the county road;

(B) The board, officer or agency that en-tered into the agreement or granted the per-mit, by contract with the county court orboard of county commissioners, has assumedthe responsibility for the construction ormaintenance of such county road; and

(C) Copies of the agreements or permitsrequired by subparagraphs (A) and (B) of thisparagraph are filed with the department.

(2) Except for a farmer subject to sub-section (3) of this section, the person oragency, as the case may be, who has paidany tax on such motor vehicle fuels leviedor directed to be paid, as provided by ORS319.010 to 319.430, is entitled to claim a re-fund of the tax so paid on such fuels or forthe proportionate part of tax paid on fuels



used in the operation of such vehicles, whenpart of the operations are over such roads,thoroughfares or property. The proportionatepart shall be based upon the number of milestraveled by any such vehicle over such roads,thoroughfares or property as compared to thetotal number of miles traveled by such vehi-cle. To be eligible to claim such refund theperson or agency, as the case may be, shallfirst establish and maintain a complete re-cord of the operations, miles traveled, gallonsof fuel used and other information, in suchform and in such detail as the departmentmay prescribe and require, the source ofsupply of all fuels purchased or used, and theparticular vehicles or equipment in whichused. Whenever any such claim is receivedand approved by the department, it shallcause the refund of tax to be paid to theclaimant in like manner as provided for pay-ing of other refund claims.

(3) A farmer who has paid any tax onmotor vehicle fuels levied or directed to bepaid, as provided in ORS 319.010 to 319.430,is entitled to claim a refund of the tax paidon such fuels used in farming operations inthe operation of any motor vehicle on anyroad, thoroughfare or property in privateownership. To be eligible to claim such re-fund a farmer shall maintain in such formand in such detail as the department mayprescribe and require, a record, supported bypurchase invoices, of all such motor vehiclefuel purchased (including fuel purchased tooperate any motor vehicle on the highway)and, for each and every motor vehicle oper-ated on the highway, a record of all fuel usedand of all miles traveled on the highway.Whenever any such claim is received andapproved by the department, it shall causethe refund of tax to be paid to the claimantin like manner as provided for paying ofother refund claims.

(4) As used in subsections (2) and (3) ofthis section, “farmer” includes any personwho manages or conducts a farm for theproduction of livestock or crops but does notinclude a person who manages or conducts afarm for the production of forest products, asdefined in ORS 321.005, or the products ofsuch forest products converted to a formother than logs at or near the harvestingsite, or of forest trees unless the productionof such forest products or forest trees is onlyincidental to the primary purpose of thefarming operation. [Amended by 1961 c.368 §1; 1965c.64 §1; 1965 c.425 §2; 1967 c.367 §2; 1979 c.344 §6]

319.330 Refunds to purchasers of fuelfor aircraft. (1) Whenever any statementand invoices are presented to the Depart-ment of Transportation showing that motorvehicle fuel or aircraft fuel has been pur-chased and used in operating aircraft enginesand upon which the full tax for motor vehi-

cle fuel has been paid, the department shallrefund the tax paid, but only after deductingfrom the tax paid 11 cents for each gallon ofsuch fuel so purchased and used, except thatwhen such fuel is used in operating aircraftturbine engines (turbo-prop or jet) the de-duction shall be three cents for each gallon.No deduction provided under this subsectionshall be made on claims presented by theUnited States or on claims presented wherea satisfactory showing has been made to thedepartment that such aircraft fuel has beenused solely in aircraft operations from apoint within the State of Oregon directly toa point not within any state of the UnitedStates. The amount so deducted shall be paidon warrant of the Oregon Department ofAdministrative Services to the State Treas-urer, who shall credit the amount to theState Aviation Account for the purpose ofcarrying out the provisions of the state avi-ation law. Moneys credited to the accountunder this section are continuously appro-priated to the Oregon Department of Avi-ation.

(2) If satisfactory evidence is presentedto the Department of Transportation showingthat aircraft fuel upon which the tax hasbeen paid has been purchased and used solelyin aircraft operations from a point within theState of Oregon directly to a point notwithin any state of the United States, thedepartment shall refund the tax paid.[Amended by 1959 c.505 §6; 1973 c.575 §1; 1977 c.293 §2;1999 c.935 §26; 1999 c.1037 §§2,4; 2005 c.755 §16; 2015 c.700§2]

Note: The amendments to 319.330 by section 5,chapter 700, Oregon Laws 2015, apply to fuel purchasedand used in operating aircraft engines on or after Jan-uary 1, 2022. See section 6, chapter 700, Oregon Laws2015. The text that applies to fuel purchased and usedin operating aircraft engines on or after January 1,2022, is set forth for the user’s convenience.

319.330. (1) Whenever any statement and invoicesare presented to the Department of Transportationshowing that motor vehicle fuel or aircraft fuel hasbeen purchased and used in operating aircraft enginesand upon which the full tax for motor vehicle fuel hasbeen paid, the department shall refund the tax paid, butonly after deducting from the tax paid nine cents foreach gallon of such fuel so purchased and used, exceptthat when such fuel is used in operating aircraft turbineengines (turbo-prop or jet) the deduction shall be onecent for each gallon. No deduction provided under thissubsection shall be made on claims presented by theUnited States or on claims presented where a satisfac-tory showing has been made to the department thatsuch aircraft fuel has been used solely in aircraft oper-ations from a point within the State of Oregon directlyto a point not within any state of the United States. Theamount so deducted shall be paid on warrant of theOregon Department of Administrative Services to theState Treasurer, who shall credit the amount to theState Aviation Account for the purpose of carrying outthe provisions of the state aviation law. Moneys cred-ited to the account under this section are continuouslyappropriated to the Oregon Department of Aviation.

(2) If satisfactory evidence is presented to the De-partment of Transportation showing that aircraft fuelupon which the tax has been paid has been purchased



and used solely in aircraft operations from a pointwithin the State of Oregon directly to a point not withinany state of the United States, the department shall re-fund the tax paid.

319.340 [Amended by 1959 c.203 §1; repealed by 1979c.344 §11]



319.370 Examinations and investi-gations; correcting reports and pay-ments. The Department of Transportation,or its duly authorized agents, may make anyexamination of the accounts, records, stocks,facilities and equipment of dealers, brokers,service stations and other persons engaged instoring, selling or distributing motor vehiclefuel or other petroleum product or productswithin this state, and such other investi-gations as it considers necessary in carryingout the provisions of ORS 319.010 to 319.430.If the examinations or investigations disclosethat any reports of dealers or other personstheretofore filed with the department pursu-ant to the requirements of ORS 319.010 to319.430, have shown incorrectly the amountof gallonage of motor vehicle fuel distributedor the tax, penalty or interest accruingthereon, the department may make suchchanges in subsequent reports and paymentsof such dealers or other persons, or maymake such refunds, as may be necessary tocorrect the errors disclosed by its examina-tions or investigations. [Amended by 1987 c.610§14]

319.375 Limitation on credit for or re-fund of overpayment and on assessmentof additional tax. (1) Except as otherwiseprovided in ORS 319.010 to 319.430, anycredit for erroneous overpayment of taxmade by a dealer taken on a subsequent re-turn or any claim for refund of tax erro-neously overpaid filed by a dealer must be sotaken or filed within three years after thedate on which the overpayment was made tothe state.

(2) Except in the case of a fraudulent re-port or neglect to make a report, every no-tice of additional tax proposed to be assessedunder ORS 319.010 to 319.430 shall be servedon dealers within three years from the dateupon which such additional taxes becomedue. [1955 c.730 §14; 1987 c.610 §15]

319.380 Examining books and accountsof carrier of motor vehicle fuel. The De-partment of Transportation or its duly au-thorized agents may at any time duringnormal business hours examine the booksand accounts of any carrier of motor vehiclefuel operating within this state for the pur-pose of checking shipments or use of motorvehicle fuel, detecting diversions thereof or

evasion of taxes on same in enforcing theprovisions of ORS 319.010 to 319.430.

319.382 Agreements for refunds to In-dian tribes. Notwithstanding any other pro-vision of law, the Department ofTransportation may enter into agreementswith the governing body of any Indian triberesiding on a reservation in Oregon to pro-vide refunds to the tribe of state motor vehi-cle fuel taxes for fuel purchased on thereservation and used by tribal members ontribal reservation lands, other than for motorvehicle fuel used on state highways, countyroads or city streets supported by the StateHighway Fund. [1993 c.706 §2]


319.390 Records to be kept by dealers;inspection of records. Every dealer in mo-tor vehicle fuel shall keep a record in suchform as may be prescribed by the Departmentof Transportation of all purchases, receipts,sales and distribution of motor fuel. The re-cords shall include copies of all invoices orbills of all such sales and shall at all timesduring the business hours of the day be sub-ject to inspection by the department or itsdeputies or other officers duly authorized bythe department. Upon request from the offi-cials to whom is entrusted the enforcementof the motor fuel tax law of another state,territory, country or the federal government,the department shall forward to such offi-cials any information which it may have rel-ative to the import or export of any motorvehicle fuel by any dealer, provided suchother state, territory, country or federal gov-ernment furnishes like information to thisstate. [Amended by 1955 c.730 §11; 1987 c.610 §16]

319.400 Records to be kept threeyears. Every dealer shall maintain and keep,within the State of Oregon, for a period ofthree years, all records of motor vehicle fuelused, sold and distributed within this stateby such dealer, together with stock records,invoices, bills of lading and other pertinentpapers as may be required by the Departmentof Transportation. [Amended by 1955 c.730 §12; 1987c.610 §17]

319.410 Disposition of tax moneys. (1)The Department of Transportation shallpromptly turn over the license tax to theState Treasurer to be disposed of as providedin ORS 802.110.

(2) The revenue from the license tax col-lected from the use, sale or distribution ofaircraft fuel as imposed by ORS 319.020 (2)shall be transferred upon certification of thedepartment to the State Treasurer, who shallcredit the certified amount to the State Avi-ation Account for the purpose of carrying



out the provisions of the state aviation laws.[Amended by 1955 c.287 §20; 1961 c.146 §2; 1963 c.226 §3;1969 c.70 §1; 1983 c.338 §909; 1993 c.741 §29; 1999 c.935§27; 2005 c.755 §17]

319.415 Estimate of tax on fuel usedfor boats; transfer to specified funds andaccounts; use. (1) On or before July 15 ofeach year, the Oregon Department of Ad-ministrative Services, after consultation withthe Department of Transportation and theState Marine Board, shall determine theamount of the motor vehicle fuel tax imposedunder ORS 319.010 to 319.430 during thepreceding fiscal year with respect to fuelpurchased and used to operate or propel mo-tor boats. The amount determined shall bereduced by the amount of any refunds formotor boats used for commercial purposesactually paid during the preceding year onaccount of ORS 319.280 (1)(a).

(2)(a) The Oregon Department of Admin-istrative Services shall estimate the amountof fuel described in subsection (1) of thissection that is used to operate or propel mo-tor boats by conducting a statistically valid,unbiased, independent survey of boat owners.The survey shall be conducted once everyfour years and shall be designed to estimatethe average daily fuel consumption by motorboats and the total days of motor boat useper year. The survey shall be used to deter-mine the amount of the transfer required bysubsection (3) of this section for the firsttransfer that occurs after the survey is com-pleted. If the tax rate changes during thefiscal year, the amount of tax to be trans-ferred shall be prorated based on the per-centage of total motor boat use taking placeduring each tax period.

(b) In years when no survey is conducted,the amount to be transferred under subsec-tion (3) of this section shall be calculated bymultiplying the per boat fuel consumptionfactors from the preceding survey by thenumber of motor boats as shown by the an-nual actual count of boat registrations. Theresulting amount, in gallons per year, shallbe the basis for the determination of theamount to be transferred.

(c) The survey required by paragraph (a)of this subsection shall be developed by aresearch department within Oregon StateUniversity, in consultation with the StateMarine Board and the Department of Trans-portation. The Oregon Department of Ad-ministrative Services shall contract for thedevelopment and conduct of the survey, andthe costs shall be paid by the Department ofTransportation. Costs paid by the Depart-ment of Transportation may be deductedfrom the amount transferred to the StateMarine Board and to the Oregon BusinessDevelopment Department under subsection(3) of this section.

(3) The Oregon Department of Adminis-trative Services shall certify the amount ofthe estimate made under subsection (1) ofthis section, as reduced by refunds, to theDepartment of Transportation, to the StateMarine Board, to the Oregon Business De-velopment Department and to the StateTreasurer. Thereupon, that amount shall betransferred from the Department of Trans-portation Driver and Motor Vehicle SuspenseAccount to the:

(a) Boating Safety, Law Enforcement andFacility Account created under ORS 830.140,and is continuously appropriated to the StateMarine Board for the purposes for which themoneys in the Boating Safety, Law Enforce-ment and Facility Account are appropriated;and

(b) Marine Navigation Improvement Fundestablished under ORS 777.267, and is con-tinuously appropriated to the Oregon Busi-ness Development Department for theOregon Infrastructure Finance Authority forthe purposes of paying for portions of thecost of maintenance dredging projects under-taken with equipment owned by the State ofOregon at publicly owned ports and marinas.

(4) Of the amounts transferred undersubsection (3) of this section, two cents pergallon of fuel shall first be transferred to theMarine Navigation Improvement Fund andthe remaining amounts shall be transferredto the Boating Safety, Law Enforcement andFacility Account. [1985 c.152 §4; 1993 c.741 §30; 1999c.296 §1; 2005 c.22 §227; 2015 c.767 §96; 2017 c.750 §86]

319.417 Estimate of tax on fuel usedin aircraft; transfer to State AviationAccount; use. (1) On or after October 3,1989, and on or before July 15 of each yearthereafter, the Oregon Department of Ad-ministrative Services, after consultation withthe Department of Transportation and theDirector of the Oregon Department of Avi-ation shall estimate, using a methodologyapproved by the Oregon TransportationCommission, the amount of the motor vehiclefuel tax imposed under ORS 319.010 to319.430 during the preceding fiscal year withrespect to motor vehicle fuel purchased andused in operating aircraft engines and uponwhich the full tax for motor vehicle fuel hasbeen paid. The estimate shall be reduced bythe amount of any refunds actually paid onmotor vehicle fuel, excluding those paid onaviation gasoline or jet fuel, during the pre-ceding fiscal year pursuant to ORS 319.330(1).

(2) The Oregon Department of Adminis-trative Services shall certify the amount ofthe estimate made under subsection (1) ofthis section to the Department of Transpor-tation, the Director of the Oregon Depart-ment of Aviation and the State Treasurer.



Thereupon, the amount of the estimate shallbe transferred from the Department ofTransportation Driver and Motor VehicleSuspense Account to the State Aviation Ac-count and is continuously appropriated tothe Oregon Department of Aviation to carryout the purposes of ORS chapters 835, 836and 837. [1989 c.101 §2; 1993 c.741 §31; 1999 c.935 §28]

319.420 ORS 319.510 to 319.880 not af-fected. ORS 319.010 to 319.410 do not affector repeal any of the provisions of ORS319.510 to 319.880.

319.430 Savings clause. All rights andobligations arising under the provisions ofthe statutes repealed in section 38, chapter413, Oregon Laws 1945, shall not in any waybe affected by such repeal. Such statutesshall be considered in full force and effect forthe purpose of carrying out all duties andobligations contracted or arising under suchstatutes, prior to June 16, 1945.

USE FUEL TAX319.510 Short title. ORS 319.510 to

319.880 may be cited as the Use Fuel TaxLaw. [Amended by 2007 c.71 §93]

319.520 Definitions for ORS 319.510 to319.880. As used in ORS 319.510 to 319.880,unless the context clearly indicates a differ-ent meaning:

(1) “Cardlock card” means a fuel card:(a) Capable of generating an electronic

invoice or electronic statement that includesthe information required by ORS 319.671 andthe applicable fuel tax amount;

(b) Issued for a specific vehicle, a specificpiece of equipment or a group of equipment;

(c) That includes the qualifying informa-tion, as designated by the Department ofTransportation by rule, that is printed on theelectronic invoice or electronic statement;

(d) That allows the tax status of thecardlock card to be indicated on the elec-tronic invoice or electronic statement andincludes state tax as a separate item on theinvoice or statement; and

(e) That allows a cardlock card issuer togenerate a statement recording, by fuel type,gallons of fuel purchased for domestic andforeign customers each month.

(2) “Combined weight” means the totalempty weight of all vehicles in a combinationplus the total weight of the load carried onthat combination of vehicles.

(3) “Delinquent” means having failed topay a tax or penalty within the time providedby law.

(4) “Department” means the Departmentof Transportation.

(5) “Domestic customer” means a cus-tomer making a purchase at a nonretail fa-cility owned by the cardlock card issuer.

(6) “Foreign customer” means a customermaking a purchase at a nonretail facilityowned by a seller other than the cardlockcard issuer.

(7) “Fuel” means any combustible gas,liquid or material of a kind used for thegeneration of power to propel a motor vehi-cle on the highways except motor vehiclefuel as defined in ORS 319.010.

(8) “Highway” means every way,thoroughfare and place, of whatever nature,open to the use of the public for the purposeof vehicular travel.

(9) “Light weight” means the weight of avehicle when fully equipped for moving overthe highway.

(10) “Motor vehicle” means every self-propelled vehicle operated on the highway,except an implement of husbandry used inagricultural operations and only incidentallyoperated or moved upon the highway.

(11) “Nonretail facility” means:(a) An unattended facility accessible only

by cardlock card and not associated with aretail facility; or

(b) An unattended portion of a retail fa-cility separate from the retail operations andaccessible only by cardlock card.

(12) “Person” means any individual, firm,copartnership, joint venture, association,corporation, trust, receiver or any group orcombination acting as a unit.

(13) “Seller” means:(a) A person that sells fuel to a user; or(b) If the fuel is dispensed at a nonretail

facility, the person that owns the user’s ac-counts and bills the user for fuel purchasedat a nonretail facility.

(14) “To sell fuel for use in a motor ve-hicle” means to dispense or place fuel for aprice into a receptacle on a motor vehicle,from which receptacle the fuel is supplied topropel the motor vehicle.

(15) “To use fuel in a motor vehicle”means to receive into any receptacle on amotor vehicle, fuel to be consumed in pro-pelling the motor vehicle on the highways ofthis state; and, if the fuel is received into thereceptacle outside the taxing jurisdiction ofthe state, “to use fuel in a motor vehicle”means to consume in propelling the motorvehicle on the highways of this state.[Amended by 1955 c.287 §21; 1959 c.188 §1; 1977 c.429 §1;1981 c.703 §1; 1989 c.992 §24a; 1991 c.284 §5; 1993 c.741§32; 2003 c.99 §1; 2008 c.44 §1]



319.525 Agreements with Indiantribes. Notwithstanding any other provisionof law, the Department of Transportationmay enter into agreements with the govern-ing body of any Indian tribe residing on areservation in Oregon to provide for the ad-ministration of the tax imposed under ORS319.510 to 319.880. [2001 c.305 §2]

319.530 Imposition of tax; rate. (1) Tocompensate this state partially for the use ofits highways, an excise tax hereby is imposedat the rate of 34 cents per gallon on the useof fuel in a motor vehicle.

(2) Except as otherwise provided in sub-sections (3) and (4) of this section, 100 cubicfeet of fuel used or sold in a gaseous state,measured at 14.73 pounds per square inch ofpressure at 60 degrees Fahrenheit, is taxableat the same rate as a gallon of liquid fuel.

(3) One hundred twenty cubic feet ofcompressed natural gas used or sold in agaseous state, measured at 14.73 pounds persquare inch of pressure at 60 degreesFahrenheit, is taxable at the same rate as agallon of liquid fuel.

(4) One and three-tenths liquid gallons ofpropane at 60 degrees Fahrenheit is taxableat the same rate as a gallon of other liquidfuel. [Amended by 1959 c.188 §2; 1967 c.463 §2; 1981c.698 §2; 1981 c.703 §2; 1983 c.727 §§2,6; 1985 c.209 §13;1987 c.899 §§9,11,15; 1989 c.865 §2; 1991 c.497 §§8,9; 1995c.311 §1; 2009 c.865 §49; 2013 c.648 §§1,3; 2017 c.750§§42,43]

319.535 Special use fuel license fee;application; emblem. (1) In lieu of payingthe per-gallon tax on the use of fuel in amotor vehicle imposed under ORS 319.530, aperson may pay to the Department of Trans-portation annually, for each motor vehiclethat consumes natural gas or propane, aspecial use fuel license fee computed undersubsection (2) of this section based on thefollowing schedule:__________________________________________

COMBINED WEIGHT BASE(Pounds)

0 - 10,000 $6010,001 - 26,000 $30026,001 and above $400

__________________________________________

(2) The special use fuel license fee equalsthe applicable base amount from the sched-ule in subsection (1) of this section multi-plied by the use fuel tax rate imposed underORS 319.530 in effect at the time of payment,divided by 12 cents.

(3)(a) A person wishing to pay the specialuse fuel license fee shall apply to the de-partment on a form prescribed by the de-

partment and shall include such informationas the department requires.

(b) Upon receipt of a complete and validapplication under this subsection, the de-partment shall issue to the applicant withoutcharge an emblem for display on the motorvehicle to which the application relates.

(c) An emblem issued under this sectionthat is displayed in a conspicuous place onthe motor vehicle for which the emblem isissued shall be accepted by a seller of fuelas proof of exemption from the per-gallon taximposed under ORS 319.530. [2014 c.13 §2]

319.540 [Repealed by 1959 c.188 §44]

319.550 User’s license required to usefuel; exceptions. (1) Except as provided inthis section, a person may not use fuel in amotor vehicle in this state unless the personholds a valid user’s license.

(2) A nonresident may use fuel in a mo-tor vehicle not registered in Oregon for aperiod not exceeding 30 days without obtain-ing a user’s license or the emblem issuedunder ORS 319.600, if, for all fuel used in amotor vehicle in this state, the nonresidentpays to a seller, at the time of the sale, thetax provided in ORS 319.530.

(3) A user’s license is not required for aperson who uses fuel in a motor vehicle witha combined weight of 26,000 pounds or lessif, for all fuel used in a motor vehicle in thisstate, the person pays to a seller, at the timeof the sale, the tax provided in ORS 319.530.

(4)(a) A user’s license is not required fora person who uses fuel as described in ORS319.520 (7) in the vehicles specified in thissubsection if the person pays to a seller, atthe time of the sale, the tax provided in ORS319.530.

(b) Paragraph (a) of this subsection ap-plies to the following vehicles:

(A) Motor homes as defined in ORS801.350.

(B) Recreational vehicles as defined inORS 174.101.

(5) A user’s license is not required for aperson who uses fuel in a motor vehicle:

(a) Metered use by which is subject tothe per-mile road usage charge imposed un-der ORS 319.885; and

(b) That also uses fuels subject to ORS319.510 to 319.880.

(6) A user’s license is not required for aperson who uses fuel in a motor vehicle onwhich an emblem issued for the motor vehi-cle pursuant to ORS 319.535 is displayed.[Amended by 1959 c.188 §3; 1977 c.429 §2; 1985 c.265 §1;1989 c.992 §25; 1991 c.284 §8; 2008 c.44 §3; 2013 c.781 §16;2014 c.13 §§3,4; 2019 c.422 §31]



319.560 Application for and issuanceof user’s license. A user of fuel in a motorvehicle required to be licensed under ORS319.550 shall apply to the Department ofTransportation for a user’s license uponforms prescribed by the department and shallset forth such information as the departmentmay require. On receipt of the application,the department may issue to the applicant auser’s license without charge authorizing theapplicant to use fuel in a motor vehicle inthis state. The license is valid only for theperson in whose name it is issued and isvalid until canceled or revoked. [Amended by1959 c.188 §4; 1977 c.429 §3; 1999 c.769 §21]

319.570 Faithful performance bond. (1)At the time of filing the application for auser’s license, the Department of Transpor-tation may require the user of fuel in a mo-tor vehicle to file with the department, insuch form as shall be prepared by the de-partment, a bond duly executed by the useras principal with a corporate surety author-ized to transact business in this state. Thebond shall be payable to the State of Oregonconditioned upon faithful performance of allthe requirements of ORS 319.510 to 319.880,including the payment of all taxes, penaltiesand other obligations of such user arisingout of ORS 319.510 to 319.880 and 319.990 (4).

(2) The total amount of the bond or bondsrequired of any user of fuel in a motor vehi-cle shall be fixed by the department and maybe increased or reduced by the departmentat any time subject to the limitations pro-vided in this section. The total amount of thebond or bonds required of any user of fuel ina motor vehicle shall be equivalent to twicethe estimated monthly tax of the user, deter-mined in such manner as the departmentconsiders proper. However, the total amountof the bond or bonds required of any user offuel in a motor vehicle shall never be lessthan $10. Any bond given in connection withORS 319.510 to 319.880 shall be a continuinginstrument and shall cover any and all peri-ods of time including the first and all subse-quent periods for which a license may begranted in consequence of the giving of thebond. The liability of the surety on the bondfor the aggregate of all claims which arisethereunder shall not exceed the amount ofthe penalty of the bond. No recovery on anybond or any execution of any new bond shallinvalidate any bond, but the total recoveriesunder any one bond shall not exceed theamount of the bond. [Amended by 1959 c.188 §5;1967 c.359 §692]

319.580 Deposit in lieu of bond. In lieuof any bond or bonds in total amount as fixedunder ORS 319.570, any user may depositwith the Department of Transportation, un-der such terms and conditions as the depart-ment may prescribe, a like amount of lawful

money of the United States or negotiablebonds or other obligations of the UnitedStates, the State of Oregon, or any countyof this state, of an actual market value notless than the amount so fixed by the depart-ment. The department shall turn over to theState Treasurer for safekeeping all such de-posits so received.

319.590 Release of surety. Any suretyon a bond furnished by a user as provided inORS 319.570 shall be released and dischargedfrom any and all liability to the state accru-ing on the bond after the expiration of 60days from the date upon which the suretyhas lodged with the Department of Trans-portation a written request to be releasedand discharged, but this provision shall notoperate to relieve, release or discharge thesurety from any liability already accrued orwhich accrues before the expiration of the60-day period. The department shallpromptly, upon receiving the request, notifythe user who furnished the bond, and unlessthe user, on or before the expiration of the60-day period files a new bond, or makes adeposit in accordance with the requirementsof ORS 319.580, the department forthwithshall cancel the user’s license.

319.600 Display of emblem. Except asprovided in ORS 319.550, a user of fuel in amotor vehicle shall display an emblem in aconspicuous place on each motor vehicle inconnection with which fuel is used. Eachsuch emblem shall be issued without chargeby the Department of Transportation uponapplication by a person holding an uncan-celed or unrevoked user’s license and shallbe displayed only upon the motor vehiclewith respect to which it is issued. [Amendedby 1959 c.188 §6]

319.610 [Repealed by 1959 c.188 §44]

319.611 Penalty for unlicensed use offuel or nondisplay of authorization oremblem; waiver. (1) If any person requiredto be licensed under ORS 319.550 uses fuelin a motor vehicle in this state at a timewhen the person does not hold a valid user’slicense or does not display a valid authori-zation or user’s emblem issued by the De-partment of Transportation, a penalty of 25percent of the tax applicable to the fuel soused shall be imposed. The penalty so im-posed shall be in addition to any other pen-alty imposed under the provisions of ORS319.510 to 319.990.

(2) The department may waive any pen-alty provided by subsection (1) of this sectionthat is imposed after January 1, 1998, if thedepartment determines that there was rea-sonable cause for the failure to hold a validuser’s license or display a valid authorizationor user’s emblem issued by the departmentand finds that there was no intent to avoid



payment. [1959 c.188 §8; 1977 c.429 §4; 1997 c.275 §2;1999 c.769 §13]


319.621 Seller’s license. (1) No personshall sell fuel for use in a motor vehicle inthis state unless the person holds a validseller’s license.

(2) A person shall apply to the Depart-ment of Transportation for a seller’s licenseupon forms prescribed, prepared and fur-nished by the department. No charge shallbe made for the license. The license is validonly for the person in whose name it is is-sued and is valid until canceled or revoked.

(3) The department may require an appli-cant for a seller’s license to file with the de-partment a bond or deposit of not less than$100 under the same terms and conditionsprescribed for users in ORS 319.570, 319.580and 319.590. [Formerly 319.670]

319.628 Grounds for refusal to issueuser’s or seller’s license; hearing; recordsinspection. (1) The Department of Transpor-tation may refuse to issue a user’s license ora seller’s license to a person who applies asprovided in ORS 319.560 or 319.621 if the de-partment finds that the person:

(a) Was the holder of a license revokedunder ORS 319.630;

(b) Is applying for a license on behalf ofa real party in interest whose license wasrevoked under ORS 319.630;

(c) Was an officer, director, owner ormanaging employee of a nonindividual li-censee whose license was revoked underORS 319.630;

(d) Owes a debt to the state under ORS319.510 to 319.880;

(e) Had a license issued by a jurisdictionother than Oregon to sell or use untaxed usefuel that was revoked or canceled for cause,whether the license was held by the personas an individual or as an officer, director,owner or managing employee or on behalf ofa real party in interest;

(f) In any jurisdiction, pleaded guilty toor was convicted of a crime directly relatedto the sale, use or distribution of use fuel,whether as an individual or as an officer, di-rector, owner or managing employee of abusiness engaged in the sale or distributionof use fuel;

(g) Had a civil judgment imposed forconduct involving fraud, misrepresentation,conversion or dishonesty, as an individual oras an officer, director, owner or managingemployee of a business engaged in the saleor distribution of use fuel;

(h) Misrepresented or concealed a mate-rial fact in obtaining a license or in thereinstatement thereof;

(i) Violated a statute or administrativerule regarding fuel taxation or distribution;

(j) Failed to cooperate with thedepartment’s investigations by:

(A) Not furnishing requested documents;(B) Not furnishing when requested to do

so a full and complete written explanationof a matter under investigation by the de-partment; or

(C) Not responding to a subpoena issuedby the department; or

(k) Failed to comply with an order issuedby the department.

(2) In addition to refusal of a license forreasons specified in subsection (1) of thissection, the department may refuse to issuea user’s license or seller’s license for anyother reason the department deems suffi-cient.

(3) Before refusing to issue a license un-der this section, the department shall grantthe applicant a hearing and shall give theapplicant at least 10 days’ written notice ofthe time and place of the hearing. The hear-ing shall be a contested case hearing underthe provisions of ORS chapter 183.

(4) For purpose of consideration of anapplication for a license, the department mayinspect or investigate the records of thisstate or of any other jurisdiction to verifythe information on the application and toverify the applicant’s criminal and licensinghistory. [1999 c.769 §20]

319.630 Revocation of license; reissueof license. (1) The Department of Transpor-tation may revoke the license of a user orseller if the user or seller fails to complywith any provision of ORS 319.510 to 319.880or any rule or regulation adopted under ORS319.510 to 319.880. Before revoking the li-cense the department shall serve written no-tice on the person ordering the person toappear before the department at a time notless than 10 days after such service and showcause why the license should not be revoked.The notice shall be served in the mannerprescribed by ORS 319.760 (3).

(2) A new license shall not be issued toa person whose license has been revoked un-less it appears to the satisfaction of the de-partment that the person will comply withthe provisions of ORS 319.510 to 319.880 andthe rules and regulations adopted under ORS319.510 to 319.880. [Amended by 1959 c.188 §10]

319.640 Cancellation of license on re-quest of user. If any person to whom a li-cense has been issued pursuant to ORS319.550 to 319.600 ceases using fuel within



this state for a period of six months, theperson shall immediately request in writingthat the Department of Transportation can-cel the license. On receipt of the request thedepartment shall cancel the license.

319.650 Notifying department uponceasing to use fuel in connection withmotor vehicle. If any person ceases usingfuel within this state in connection with amotor vehicle with respect to which an em-blem has been issued pursuant to ORS319.600 but continues using fuel within thisstate in connection with another motor vehi-cle or other motor vehicles, the person shallimmediately notify the Department of Trans-portation.

319.660 Removal of emblem. Any per-son whose license has been revoked or can-celed pursuant to ORS 319.630 or 319.640, orwho is required by ORS 319.650 to notify theDepartment of Transportation that such per-son has ceased using fuel within this state inconnection with a motor vehicle, imme-diately shall remove from the motor vehicleon which it is displayed and shall destroy or,if the department so requests, shall return tothe department each emblem issued to suchperson under ORS 319.600 or the emblem is-sued with respect to the motor vehicle inconnection with which such person hasceased using fuel within this state, as thecase may be.

319.665 Seller to collect tax; excep-tions; deduction for purchase made withcardlock card. (1) The seller of fuel for usein a motor vehicle shall collect the tax pro-vided by ORS 319.530 at the time the fuel issold, unless one of the following situationsapplies:

(a) The Department of Transportation hasissued a weight identifier under ORS 825.450for the vehicle into which the seller deliversor places the fuel.

(b) The fuel is dispensed at a nonretailfacility, in which case the seller shall collectany tax owed at the same time the sellercollects the purchase price from the personto whom the fuel was dispensed at thenonretail facility. A seller is not required tocollect the tax under this paragraph from aperson who certifies to the seller that theuse of the fuel is exempt from the tax im-posed under ORS 319.530.

(c) A cardlock card is used for purchaseof the fuel at an attended portion of a retailfacility equipped with a cardlock card reader,in which case the cardlock card issuer li-censed in this state is responsible for col-lecting and remitting the tax unless theperson making the purchase certifies to theseller that the use of the fuel is exempt fromthe tax imposed under ORS 319.530.

(2) If a cardlock card is used for purchaseof fuel at an attended portion of a retail fa-cility equipped with a cardlock card reader,the seller at the retail facility may deductfuel purchases made with a cardlock cardfrom the seller’s retail transactions if theseller provides the department with the fol-lowing information:

(a) A monthly statement from a cardlockcard issuer that details the cardlock cardpurchases at the retail facility; and

(b) A listing of cardlock card issuers andgallons of fuel purchased at the retail facilityby the issuers’ customers.

(3) The department shall supply eachseller of fuel for use in a motor vehicle witha chart which sets forth the tax imposed ongiven quantities of fuel. [1959 c.188 §12; 1971 c.149§1; 1977 c.429 §5; 1997 c.275 §3; 2003 c.99 §2; 2008 c.44§2; 2013 c.781 §17; 2015 c.716 §12; 2019 c.491 §43]

319.670 [Amended by 1959 c.188 §9; renumbered319.621]

319.671 When invoices required; con-tents. (1) The seller of fuel for any purposeshall make a duplicate invoice for every saleof fuel for any purpose and shall retain onecopy and give the other copy to the user. TheDepartment of Transportation may prescribethe form of the invoice. The invoice shallshow:

(a) The seller’s name and address;(b) The date;(c) The amount of the sale in gallons; and(d) The name and address of the user.(2) In addition to the invoice entries

listed in subsection (1) of this section, theseller of fuel for use in a motor vehicle shallindicate on the invoice the amount of the taxcollected, if any, and:

(a) The license plate number, if the vehi-cle bears a license plate issued by the de-partment or another jurisdiction;

(b) The emblem number, if the vehiclebears a user’s emblem; or

(c) The temporary pass number, if thevehicle bears no valid user’s emblem or li-cense plate issued by the department.

(3) Notwithstanding subsection (1) of thissection, this section does not require any in-voice to be prepared for any sale where fuelis delivered into the fuel tank of a vehicledescribed in this subsection unless the oper-ator of the vehicle requests an invoice. If aninvoice is prepared under this subsection, thename and address of a user is not requiredto be shown on the invoice for sales wherethe fuel is delivered into the fuel tanks ofvehicles described in this subsection. Thissubsection applies to vehicles:



(a) That have a combined weight of26,000 pounds or less; and

(b)(A) For which the tax under ORS319.530 must be paid at the time of sale un-der ORS 319.665; or

(B) For which an emblem has been issuedunder ORS 319.535. [1959 c.188 §13; 1981 c.433 §1;1989 c.992 §26; 1991 c.284 §9; 1997 c.275 §4; 2001 c.567 §2;2014 c.13 §6; 2019 c.491 §44]

319.675 Seller’s report to department;rules. Except as provided in ORS 319.692,the seller of fuel for use in a motor vehicleshall report to the Department of Transpor-tation on or before the 20th day of eachmonth, the amount of fuel sold, during thepreceding calendar month, subject to the taximposed under ORS 319.530 or exempt fromthe tax imposed under ORS 319.530 pursuantto ORS 319.535 and such other informationpertaining to fuel handled as the departmentmay require. The department may prescribethe form of the report. The seller shall de-liver the report to the department in themanner provided by the department by rule.[1959 c.188 §14; 1963 c.226 §6; 2011 c.101 §3; 2014 c.13 §5]

319.680 [Repealed by 1959 c.188 §44]

319.681 Payment of tax by seller. Theseller of fuel for use in a motor vehicle shallremit to the Department of Transportationwith each report required by ORS 319.675 allthe tax due on the amount of fuel sold lessfour percent, which the seller shall retain.[1959 c.188 §15; 1977 c.429 §6]

319.690 Monthly report of user; remit-tance; credit against taxes; annual re-ports of certain users; rules. (1) Except asprovided in subsection (2) of this section andORS 319.692, each user of fuel in a motorvehicle required to be licensed under ORS319.550 shall, on or before the 20th day ofeach month, file with the Department ofTransportation a report showing the amountof fuel used during the immediately preced-ing calendar month by the user and suchother information as the department may re-quire for the purposes of ORS 319.510 to319.880. The department shall prescribe theform of the report. The user shall file thereport with the department in the mannerprovided by the department by rule. Eachreport shall be accompanied by a remittancepayable to the department for the amount ofall the tax shown by the report to be due andpayable. Any tax paid to a seller is a creditagainst the amount of tax otherwise due andpayable to the state under ORS 319.510 to319.880 or 818.225, 825.474, 825.476 and825.480. Also, when filing a monthly tax re-port, a user may, in lieu of claiming a refund,take a deduction or credit for the tax on anyfuel which would otherwise be subject to re-fund under ORS 319.831 (1).

(2) Each user of fuel in a motor vehiclewith a light weight of less than 8,000 poundsrequired to be licensed under ORS 319.550may file an annual report of all fuel usedupon Oregon highways. The report for eachcalendar year shall be filed on or beforeMarch 1 of the year following and shall beaccompanied by a remittance payable to thedepartment of all the tax shown to be dueand payable on the amount of fuel used.[Amended by 1959 c.188 §16; 1963 c.226 §7; 1971 c.149 §2;1977 c.429 §7; 2011 c.101 §4; 2015 c.77 §2]

319.692 Quarterly reports if averagemonthly tax under $300; when annual re-ports authorized. (1) Whenever in the judg-ment of the Department of Transportationthe average monthly tax to be paid by a usefuel seller or user will be less than $300, thedepartment may authorize the seller or userto file quarterly tax reports in lieu of themonthly tax reports required by ORS 319.675and 319.690. The quarterly reports so au-thorized, and accompanying remittances asshown thereon to be due and payable, shallbe filed on or before the due dates as follows:First quarter, April 20; second quarter, July20; third quarter, October 20; fourth quarter,January 20. Any provisions of ORS 319.675and 319.690 otherwise applicable to the filingof monthly reports and remittances shall beapplicable to the quarterly filings.

(2) Whenever in the judgment of the de-partment the average annual tax to be paidby a use fuel seller or user will be less than$100, the department may authorize theseller or user to file annual tax reports inlieu of the monthly tax reports required byORS 319.675 and 319.690. The annual reportsauthorized by this subsection, and accompa-nying remittances as shown on the reportsto be due and payable, shall be filed on orbefore January 20 following the year forwhich the reports are filed. Any provisionsof ORS 319.675 and 319.690 otherwise appli-cable to the filing of monthly reports andremittances shall be applicable to the annualfilings. [1963 c.226 §5; 1985 c.265 §2; 1989 c.992 §27]

319.694 Penalty for delinquency inremitting tax; waiver; interest rates. (1)Except as provided in subsection (2) of thissection, if any user or seller is delinquent inremitting the tax provided by ORS 319.530 onthe date specified in ORS 319.675, 319.681,319.690 or 319.692, a penalty of 10 percent ofthe amount of the tax due shall be added tothe amount due and the total shall imme-diately be due and payable.

(2) If the Department of Transportationdetermines that the delinquency was due toreasonable cause and without any intent toavoid payment, the penalty provided by sub-section (1) of this section may be waived.



(3)(a) If the excise tax imposed by ORS319.530 is not paid as required by ORS319.675, 319.681, 319.690 or 319.692, interestshall be charged at the rate of 0.0329 percentper day until the tax and interest have beenpaid in full.

(b) If the excise tax imposed by ORS319.530 is overpaid, the department maycredit interest to the account of the taxpayerin the amount of 0.0329 percent per day upto a maximum amount that equals any inter-est assessed against the taxpayer under par-agraph (a) of this subsection in any givenaudit period.

(4) No seller or user who incurs a tax li-ability as provided in ORS 319.510 to 319.880shall knowingly and willfully fail to reportand pay the tax liability to the departmentas required by ORS 319.510 to 319.880. [1959c.188 §18; 1963 c.226 §8; 1971 c.149 §3; 1987 c.158 §51; 1987c.610 §18; 1999 c.769 §14]

319.697 Records required of sellers andusers; alternative records for certain us-ers. (1) Every user of fuel in a motor vehiclerequired to be licensed under ORS 319.550shall keep a record of fuel used and be pre-pared to prove that all the tax due and pay-able on fuel used has been paid. An invoice,described in ORS 319.671, properly filled out,is proof that any tax due which is shown onthe invoice as paid was paid for the fuelcovered by the invoice. The user’s record offuel used for any purpose, other than fuelobtained from a seller who collected the tax,shall indicate the date the fuel was obtained,the name and address of the seller fromwhom the fuel was obtained, and the amountof fuel obtained, in gallons.

(2) In lieu of maintaining an actual re-cord of fuel used, a user required to be li-censed under ORS 319.550 who operates amotor vehicle with a light weight of lessthan 8,000 pounds may maintain an accuraterecord of miles operated upon Oregon high-ways. The gallons of taxable fuel used shallbe computed by applying a reasonable milesper gallon figure to the Oregon miles oper-ated. The Department of Transportation shalldetermine whether the miles per gallon fig-ure is reasonable and its decision shall befinal.

(3) Every seller of fuel for any purposeshall keep a record of fuel sold for any pur-pose and shall be prepared to prove that allthe tax provided by ORS 319.530 has beenremitted to the department. The departmentmay specify the form of the seller’s record.

(4) Every seller, and every user of fuel ina motor vehicle required to be licensed underORS 319.550 shall preserve in this state fora period of three years all records of fuelused or fuel sold, together with invoices and

any other relevant records or papers whichmay be specified by the department.

(5) The department or its authorizedagent may examine every user’s or seller’srecords and papers required to be preservedby subsection (4) of this section at any timeduring normal business hours. [1959 c.188§§19,20,21,22; 1971 c.149 §4; 1977 c.429 §8]

319.700 Tax as lien against motor ve-hicle. The tax and the penalty imposed upona user of fuel in a motor vehicle by ORS319.510 to 319.880 shall constitute a lienupon, and shall have the effect of an exe-cution duly levied against, any motor vehiclein connection with which the taxable use ismade, attaching at the time of such use. Thelien shall not be removed until the tax hasbeen paid or the motor vehicle subject to thelien has been sold in payment of such tax.The lien is paramount to all private liens orencumbrances of whatever character uponthe motor vehicle and to the rights of anyconditional vendor or any other holder of thelegal title in or to the motor vehicle.[Amended by 1959 c.188 §23]

319.710 [Repealed by 1959 c.188 §44]

319.720 Delinquency in payment; no-tice to debtors of user or seller; report todepartment. If a user or seller is delinquentin the payment of any obligation imposedunder ORS 319.510 to 319.880, the Depart-ment of Transportation may give notice ofthe amount of such delinquency by registeredor certified mail to all persons having intheir possession or under their control anycredits or other personal property belongingto the user or seller, or owing any debts tosuch user or seller, at the time of the receiptby them of the notice. Thereafter any personso notified shall neither transfer nor makeother disposition of such credits, personalproperty or debts until the department hasconsented to a transfer or other dispositionor until 30 days have elapsed from and afterthe receipt of the notice. All persons so no-tified shall, within five days after the receiptof the notice, advise the department of allsuch credits, personal property or debts intheir possession, under their control or ow-ing by them, as the case may be. [Amended by1959 c.188 §24]

319.730 Collection of delinquent pay-ment by seizure and sale of motor vehi-cle. (1) Whenever any user is delinquent inthe payment of any obligation imposed underORS 319.510 to 319.880, the Department ofTransportation may proceed to collect theamount due from the user in the mannerprescribed in this section.

(2) The department shall seize any motorvehicle subject to the lien provided for byORS 319.700 and thereafter sell it at publicauction to pay such obligation and any and



all costs that may have been incurred on ac-count of the seizure and sale.

(3) Notice of the intended sale and thetime and place thereof shall be given to thedelinquent user and to all persons appearingof record to have an interest in the motorvehicle. The notice shall be given in writingat least 10 days before the date set for thesale by enclosing it in an envelope addressedto the user at the address as it appears inthe records of the department and, in thecase of any person appearing of record tohave an interest in the motor vehicle, ad-dressed to the person at the last-known resi-dence or place of business, and depositingthe envelope in the United States mail, post-age prepaid. In addition, the notice shall bepublished at least three times, the first ofwhich shall be not less than 10 days beforethe date set for the sale, in a newspaper ofgeneral circulation published in the countyin which the motor vehicle seized is to besold. If there is no newspaper of general cir-culation in the county, the notice shall beposted in three public places in the countyfor such period of 10 days.

(4) The notice shall contain a descriptionof the motor vehicle to be sold, together witha statement of the amount due under ORS319.510 to 319.880, the name of the user andthe further statement that unless suchamount is paid before the time fixed in thenotice the motor vehicle will be sold in ac-cordance with law and such notice.

(5) The department shall then proceed tosell the motor vehicle in accordance with thelaw and the notice, and shall deliver to thepurchaser a bill of sale which shall vest titlein the purchaser. If upon any such sale themoneys received exceed the amount due tothe state under ORS 319.510 to 319.880 fromthe delinquent user, the excess shall be re-turned to the user and the receipt obtainedtherefor. If any person having an interest inor lien upon the motor vehicle has filed withthe department prior to the sale notice ofsuch interest or lien, the department shallwithhold payment of any such excess to theuser pending a determination of the rightsof the respective parties thereto by a courtof competent jurisdiction. If for any reasonthe receipt of the user shall not be available,the department shall deposit the excess withthe State Treasurer as trustee for the useror for the heirs, successors or assigns of theuser. [Amended by 1999 c.59 §79]

319.740 Action by Attorney General tocollect delinquency; certificate of depart-ment as evidence. (1) Whenever any useror seller is delinquent in the payment of anyobligation under ORS 319.510 to 319.880, theDepartment of Transportation may transmitnotice of the delinquency to the Attorney

General who shall at once proceed to collectby appropriate legal action the tax and pen-alty due.

(2) In any suit brought to enforce therights of the state under ORS 319.510 to319.880, a certificate by the departmentshowing the delinquency is prima facie evi-dence of the amount of the obligation, of thedelinquency thereof and of compliance by thedepartment with all provisions of ORS319.510 to 319.880 relating to the obligation.[Amended by 1959 c.188 §25]

319.742 Collection of delinquent obli-gation generally; warrant; judgment lien.(1) If a person fails to pay in full any obli-gation due under ORS 319.510 to 319.880, theDepartment of Transportation may issue awarrant for the amount of the obligation andthe cost of executing the warrant. A copy ofthe warrant shall be mailed or delivered tothe debtor by the department at the debtor’slast-known address.

(2) At any time after issuing a warrantunder this section, the department may re-cord the warrant in the County Clerk LienRecord of any county of this state. Recordingof the warrant has the effect described inORS 205.125. After recording a warrant, thedepartment may direct the sheriff for thecounty in which the warrant is recorded tolevy upon and sell the real and personalproperty of the debtor found within thatcounty, and to levy upon any currency of thedebtor found within that county, for the ap-plication of the proceeds or currency againstthe amount reflected in the warrant and thesheriff’s cost of executing the warrant. Thesheriff shall proceed on the warrant in thesame manner prescribed by law for exe-cutions issued against property pursuant toa judgment, and is entitled to the same feesas provided for executions issued againstproperty pursuant to a judgment. The fees ofthe sheriff shall be added to and collected asa part of the warrant liability.

(3) In the discretion of the department awarrant under this section may be directedto any agent authorized by the departmentto collect obligations under this section, andin the execution of the warrant the agenthas all of the powers conferred by law uponsheriffs, but is entitled to no fee or compen-sation in excess of actual expenses paid inthe performance of such duty. [1999 c.769 §9;2003 c.576 §201; 2011 c.661 §4]

319.744 Use of collection agency. (1)The Department of Transportation may en-gage the services of a collection agency tocollect any obligation due to the state underORS 319.510 to 319.880. The department mayengage the services by entering into agree-ments to pay reasonable charges on a con-tingent fee or other basis.



(2) The department may assign to thecollection agency, for collection purposesonly, any of the obligations due the stateunder ORS 319.510 to 319.880.

(3) The collection agency may bring suchactions or take such proceedings, includingattachment and garnishment proceedings, asmay be necessary. [1999 c.769 §10]

319.746 Uncollectible obligation. (1)Any obligation due the state assigned to acollection agency pursuant to ORS 319.744that remains uncollected for two years afterthe date of the assignment meets the criteriafor uncollectibility formulated pursuant toORS 293.240.

(2) ORS 293.245 applies to any obligationdue the state and described in subsection (1)of this section. [1999 c.769 §11; 2011 c.223 §3]

319.750 [Repealed by 1959 c.188 §44]

319.760 Assessment of deficiency; pre-sumption that fuel subject to tax. (1) Ifthe Department of Transportation is not sat-isfied that a report filed or amount of tax orpenalty paid to the state by any user orseller is correct, the department may assessthe tax and penalty due based upon any in-formation available to the department.

(2) If a seller fails to account satisfac-torily for any fuel sold or disposed of, it shallbe presumed that the fuel not accounted forwas sold to users for use in motor vehiclesand the department shall assess the tax andpenalty due against the seller.

(3) The department shall give to the useror seller written notice of the assessment.The notice may be served personally or bymail. If made by mail, service shall be madeby depositing the notice in the United Statesmail, postage prepaid, addressed to the useror seller at the address as it appears in therecords of the department. [Amended by 1959c.188 §26]

319.770 [Repealed by 1959 c.188 §44]

319.780 Assessing tax and penaltyupon failure to make report. (1) If anyuser or seller fails to make a report requiredby ORS 319.510 to 319.880, the Departmentof Transportation shall make an estimate,based upon any information available to thedepartment, for the month or months withrespect to which the user or seller failed tomake a report, and assess the tax and pen-alty due from the user or seller under ORS319.510 to 319.880.

(2) The department shall give to the useror seller written notice of the assessment inthe manner prescribed by ORS 319.760 (3).[Amended by 1959 c.188 §27]

319.790 Petition for reassessment. (1)Any user or seller against whom an assess-ment is made under ORS 319.760 and 319.780may petition for a reassessment within 30days after service of notice of the assess-ment. If a petition is not filed within the30-day period, the amount of the assessmentbecomes conclusive.

(2) If a petition for reassessment is filedwithin the 30-day period the Department ofTransportation shall reconsider the assess-ment and, if requested in the petition, shallgrant the user or seller an oral hearing andgive the user or seller 10 days’ notice of thetime and place thereof. The department maycontinue the hearing from time to time. Thedepartment shall serve on the petitioner no-tice of its finding upon reassessment. If thefinding is that a tax or penalty is delinquent,the petitioner shall pay to the department,within 30 days after notice is served, all thetax or penalty found to be delinquent.

(3) Notice required by this section shallbe served in the manner prescribed by ORS319.760 (3). [Amended by 1959 c.188 §28]

319.800 [Repealed by 1959 c.188 §44]

319.801 Appeal to circuit court. Anyperson aggrieved by a finding, order or de-termination by the Department of Transpor-tation under ORS 319.630 or 319.790 mayappeal therefrom to the circuit court of thecounty in which the person resides. Suchappeal shall be taken within 60 days from thedate of the entry or making of such order,finding or determination and in the mannerprovided by law for appeals in actions at law.[1959 c.188 §30]

319.810 Time limitation on service ofnotice of additional tax. Except in the caseof an alleged fraudulent report, or neglect orrefusal to make a report, no notice of as-sessment shall be served on the user or sellerafter three years have expired since the al-leged erroneous report was filed or a reportshould have been filed. [Amended by 1959 c.188§31]

319.820 Refund of tax erroneously orillegally collected. (1) If the Department ofTransportation determines any amount of taxor penalty has been paid more than once orhas been erroneously or illegally collected,the department shall credit such amountagainst any amounts then due from the useror seller under ORS 319.510 to 319.880 or319.990 (4) and shall refund any balance tothe user or seller, the successor, administra-tor or executor of the user or seller.

(2) A user or seller may claim a creditor refund for any amount of tax or penaltywhich the user or seller has paid more thanonce or which the user or seller has paid orwhich has been collected erroneously or ille-



gally. No such claim for a credit or refundshall be allowed unless the claim is filedwith the department within three years fromthe date of the payment or collection or,with respect to an assessment made underORS 319.760 and 319.780, within six monthsafter the assessment becomes conclusive,whichever period expires the later. Everysuch claim must be in writing and must statethe specific grounds upon which it isfounded. Failure to file such claim within thetime prescribed in this section shall consti-tute waiver of any and all demands againstthis state on account of overpayments underORS 319.510 to 319.880. Within 30 days ofallowing or disallowing any such claim inwhole or in part, the department shall servenotice of such action on the claimant. Theservice shall be made in the manner pre-scribed by ORS 319.760 (3). [Amended by 1959c.188 §32]

319.830 [Repealed by 1959 c.188 §44]

319.831 Refund of tax on fuel used inoperation of vehicle over certain roadsor private property. (1) If a user obtainsfuel for use in a motor vehicle in this stateand pays the use fuel tax on the fuel ob-tained, the user may apply for a refund ofthat part of the use fuel tax paid which isapplicable to use of the fuel to propel a mo-tor vehicle:

(a) In another state, if the user pays tothe other state an additional tax on the samefuel;

(b) Upon any road, thoroughfare or prop-erty in private ownership;

(c) Upon any road, thoroughfare or prop-erty, other than a state highway, county roador city street, for the removal of forest pro-ducts, as defined in ORS 321.005, or the pro-ducts of such forest products converted to aform other than logs at or near the harvest-ing site, or for the construction or mainte-nance of the road, thoroughfare or property,pursuant to a written agreement or permitauthorizing the use, construction or mainte-nance of the road, thoroughfare or property,with or by:

(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

subparagraph (A), (B) or (C) of this para-graph;

(d) By an agency of the United States orof this state or of any county, city or port ofthis state on any road, thoroughfare or prop-erty, other than a state highway, county roador city street;

(e) By any incorporated city or town ofthis state;

(f) By any county of this state or by anyroad assessment district formed under ORS371.405 to 371.535;

(g) Upon any county road for the removalof forest products as defined in ORS 321.005,or the products of such forest products con-verted to a form other than logs at or nearthe harvesting site, if:

(A) Such use upon the county road ispursuant to a written agreement entered intowith, or to a permit issued by, the StateBoard of Forestry, the State Forester or anagency of the United States, authorizingsuch user to use such road and requiringsuch user to pay for or to perform the con-struction or maintenance of the county road;

(B) The board, officer or agency that en-tered into the agreement or granted the per-mit, by contract with the county court orboard of county commissioners, has assumedthe responsibility for the construction ormaintenance of such county road; and

(C) Copies of the agreements or permitsrequired by subparagraphs (A) and (B) of thisparagraph are filed with the Department ofTransportation;

(h) By a school district or education ser-vice district of this state or the contractorsof a school district or education service dis-trict, for those vehicles being used to trans-port students;

(i) By a rural fire protection district or-ganized under the provisions of ORS chapter478;

(j) By any district, as defined in ORSchapter 198, that is not otherwise specificallyprovided for in this section; or

(k) By any state agency, as defined inORS 240.855.

(2) An application for a refund undersubsection (1) of this section shall be filedwith the department within 15 months afterthe date the use fuel tax, for which a refundis claimed, is paid.

(3) The application for a refund providedby subsection (1) of this section shall includea signed statement by the applicant indicat-ing the amount of fuel for which a refund isclaimed, and the way in which the fuel wasused which qualifies the applicant for a re-fund. If the fuel upon which the refund isclaimed was obtained from a seller to whomthe use fuel tax was paid, the applicationshall be supported by the invoices whichcover the purchase of the fuel. If the appli-cant paid the use fuel tax directly to the de-partment, the applicant shall indicate thesource of the fuel and the date it was ob-tained.

(4) The department may require any per-son who applies for a refund provided by



subsection (1) of this section to furnish astatement, under oath, giving the person’soccupation, description of the machines orequipment in which the fuel was used, theplace where used and such other informationas the department may require. [1959 c.188§§34,35,36(1); 1961 c.542 §1; 1963 c.257 §4; 1965 c.425 §3;1967 c.367 §3; 1971 c.118 §2; 1979 c.344 §7; 1999 c.696 §1;2001 c.927 §1; 2013 c.781 §18; 2019 c.428 §6]

319.835 Investigation of refund appli-cations. The Department of Transportationmay investigate refund applications andgather and compile such information in re-gard to the applications as it considers nec-essary to safeguard the state and preventfraudulent practices in connection with taxrefunds and tax evasions. The departmentmay, in order to establish the validity of anyapplication, examine the books and recordsof the applicant for such purposes. Failureof the applicant to accede to the demand forsuch examination constitutes a waiver of allrights to a refund on account of the transac-tion questioned. [1959 c.188 §36(2)]

319.840 Enforcement; rules and regu-lations. The Department of Transportationhereby is charged with the enforcement ofthe provisions of ORS 319.510 to 319.880 and319.990 (4), and hereby is authorized to pre-scribe, adopt and enforce rules and regu-lations relating to the administration andenforcement thereof.

319.850 Presumption of use; rules. Forthe purposes of the proper administration ofORS 319.510 to 319.880 and 319.990 (4) and toprevent evasion of the tax imposed by ORS319.530, it shall be presumed, until the con-trary is established under such reasonablerules as the Department of Transportationmay adopt, that all fuel received into or de-livered into any receptacle on a motor vehi-cle from which receptacle fuel is supplied topropel such motor vehicle is consumed inpropelling such motor vehicle on the high-ways of this state. [Amended by 1959 c.188 §37]

319.860 Producers, distributors andothers to keep records; examining booksand records. (1) Every person producing,manufacturing, importing, distributing, stor-ing, transporting or otherwise handling fuelshall maintain and keep in this state for aperiod of not less than three years such re-cords, receipts, invoices and other pertinentpapers in such form as the Department ofTransportation may require.

(2) The department may examine duringnormal business hours the books, papers, re-cords and equipment of any person produc-ing, manufacturing, importing, distributing,storing, transporting or otherwise handlingfuel and may investigate the character of thedisposition which any such person makes offuel in order to determine whether all taxes

due under ORS 319.510 to 319.880 are beingproperly reported and paid. [Amended by 1959c.188 §38]

319.870 Results of investigations to beprivate. It is unlawful for the Departmentof Transportation, or any person having anadministrative duty under ORS 319.510 to319.880, to divulge the business affairs, oper-ations, or information obtained by an inves-tigation of records and equipment of any useror other person visited or examined in thedischarge of official duty, or the amount orsource of income, profits, losses, expendituresor any particular thereof, set forth or dis-closed in any report, or to permit any reportor copy thereof or any book containing anyabstract or particulars thereof to be seen orexamined by any person except as providedby law. However, the department may au-thorize examination of such reports by, andthe giving of information therein containedto other state officers, or tax officers of an-other state or the federal government if areciprocal arrangement exists.

319.875 Prohibitions. (1) No person shallintentionally make a false statement in anyreport, petition or application required orpermitted by ORS 319.510 to 319.880.

(2) No person shall intentionally collect,or attempt to collect or receive a refund ofa tax or penalty paid to the Department ofTransportation under ORS 319.510 to 319.880to which the person is not entitled.

(3) No person shall intentionally aid orassist another person to violate any provisionof ORS 319.510 to 319.880. [1959 c.188 §§40,41,42]

319.880 Disposition of moneys. Allmoney received by the Department of Trans-portation pursuant to ORS 319.510 to 319.880shall be turned over promptly to the StateTreasurer and shall be disposed of as pro-vided in ORS 802.110. [Amended by 1955 c.287 §22;1961 c.146 §3; 1969 c.70 §2; 1983 c.338 §910]

PER-MILE ROAD USAGE CHARGE319.883 Definitions for ORS 319.883 to

319.946. As used in ORS 319.883 to 319.946:(1) “Fuel taxes” means motor vehicle fuel

taxes imposed under ORS 319.010 to 319.430and taxes imposed on the use of fuel in amotor vehicle under ORS 319.510 to 319.880.

(2) “Highway” has the meaning giventhat term in ORS 801.305.

(3) “Lessee” means a person that leasesa motor vehicle that is required to be regis-tered in Oregon.

(4)(a) “Motor vehicle” has the meaninggiven that term in ORS 801.360.

(b) “Motor vehicle” does not mean a mo-tor vehicle designed to travel with fewerthan four wheels in contact with the ground.



(5) “Registered owner” means a person,other than a vehicle dealer that holds a cer-tificate issued under ORS 822.020, that is re-quired to register a motor vehicle in Oregon.

(6) “Subject vehicle” means a motor ve-hicle that is the subject of an applicationapproved pursuant to ORS 319.890.

(7) “Vehicle dealer” means a person en-gaged in business in this state that is re-quired to obtain a vehicle dealer certificateunder ORS 822.005. [2013 c.781 §2; 2019 c.428 §12]

Note: 319.883 to 319.946 were added to and made apart of ORS chapter 319 by legislative action but werenot added to any smaller series therein. See Preface toOregon Revised Statutes for further explanation.

319.885 Per-mile road usage charge.(1)(a) Except as provided in paragraph (b) ofthis subsection, the registered owner of asubject vehicle shall pay a per-mile road us-age charge for metered use by the subjectvehicle of the highways in Oregon.

(b) During the term of a lease, the lesseeof a subject vehicle shall pay the per-mileroad usage charge for metered use by thesubject vehicle of the highways in Oregon.

(2) The rate of the per-mile road usagecharge is five percent of the rate of the per-gallon license tax provided in ORS 319.020(1)(b) in effect at the time the charge be-comes due. [2013 c.781 §3; 2017 c.750 §§118,118a; 2019c.428 §§3,4]


319.890 Application for road usagecharge program; consultation with vehi-cle dealers to encourage participation. (1)A person wishing to pay the per-mile roadusage charge imposed under ORS 319.885must apply to the Department of Transporta-tion on a form prescribed by the department.

(2) The department shall approve a validand complete application submitted underthis section if:

(a) The applicant is the registered owneror lessee of a motor vehicle;

(b) The motor vehicle is equipped with amethod selected pursuant to ORS 319.900 forcollecting and reporting the metered use bythe motor vehicle of the highways in Oregon;

(c) The motor vehicle is classified as apassenger vehicle by the department; and

(d) The vehicle has a rating of at least20 miles per gallon, such rating to be estab-lished by the department.

(3) An electric vehicle or a vehicle witha rating of 40 miles per gallon or greater forwhich an application is approved under thissection is not subject to the additionalamount of registration fees imposed underORS 803.422.

(4) Approval of an application under thissection subjects the applicant to the require-

ments of ORS 319.920 until the person endsthe person’s voluntary participation in theroad usage charge program in the mannerrequired under subsection (5) of this section.

(5) A person may end the person’s volun-tary participation in the road usage chargeprogram at any time by notifying the depart-ment, returning any emblem issued underORS 319.945 to the department and payingany outstanding amount of road usage chargefor metered use by the person’s subject vehi-cle.

(6)(a) This subsection applies to a personwhose subject vehicle is described in subsec-tion (3) of this section.

(b) If the person ends the person’s volun-tary participation in the per-mile road usagecharge program with respect to the subjectvehicle, in addition to any amount due undersubsection (5) of this section, the additionalamount of registration fees that would oth-erwise have been due for the current regis-tration period under ORS 803.422 becomesdue and the department may deny registra-tion for the subject vehicle until the addi-tional amount of registration fees is paid.

(7) The Department of Transportationshall consult with vehicle dealers that sellpassenger vehicles to determine the most ef-fective methods, at the point of sale, to en-courage participation in the per-mile roadusage charge program. [2013 c.781 §4; 2015 c.716§11; 2017 c.750 §118c; 2019 c.428 §1; subsection (7) of 2019Edition enacted as 2019 c.428 §10]

Note: Section 2, chapter 428, Oregon Laws 2019,provides:

Sec. 2. (1)(a) The amendments to ORS 319.890 (2)and (3) by section 1 of this 2019 Act apply to applica-tions for participation in the per-mile road usage chargeprogram submitted on or after the operative date of this2019 Act [January 1, 2020].

(b) Notwithstanding the amendments to ORS319.890 (2)(d) by section 1 of this 2019 Act and the datespecified in subsection (1) of this section, a subject ve-hicle with a rating of less than 20 miles per gallon thatis approved for the per-mile road usage charge programbefore the date specified in subsection (1) of this sectionmay remain in the program on and after the date spec-ified in subsection (1) of this section.

(2) The amendments to ORS 319.890 (6) by section1 of this 2019 Act apply to a person that ends theperson’s voluntary participation in the per-mile roadusage charge program on or after the operative date ofthis 2019 Act. [2019 c.428 §2]


319.895 Deposit and distribution ofroad usage charge moneys. Moneys col-lected from the road usage charges imposedunder ORS 319.885 shall be deposited in theState Highway Fund and allocated for dis-tribution as follows:

(1) 50 percent to the Department ofTransportation.

(2) 30 percent to counties for distributionas provided in ORS 366.762.



(3) 20 percent to cities for distribution asprovided in ORS 366.800. [2013 c.781 §5]


319.900 Department of Transportationto establish methods for recording andreporting mileage. (1) As used in this sec-tion, “open system” means an integratedsystem based on common standards and anoperating system that has been made publicso that components performing the samefunction can be readily substituted or pro-vided by multiple providers.

(2)(a) The Department of Transportation,in consultation with the Road User Fee TaskForce, shall establish the methods for re-cording and reporting the number of milesthat subject vehicles travel on highways.

(b) When taking action under this sub-section, the department shall consider:

(A) The accuracy of the data collected;(B) Privacy options for persons liable for

the per-mile road usage charge;(C) The security of the technology;(D) The resistance of the technology to

tampering;(E) The ability to audit compliance; and(F) Other relevant factors that the de-

partment deems important.(c) The department shall establish at

least one method of collecting and reportingthe number of miles traveled by a subjectvehicle that does not use vehicle locationtechnology.

(d)(A) The department shall adopt stan-dards for open system technology used inmethods established under this subsection.

(B) In adopting standards pursuant tothis paragraph, the department shall collab-orate with agencies of the executive depart-ment as defined in ORS 174.112 to integrateinformation systems currently in use orplanned for future use.

(3) The department shall provide the per-sons liable for the per-mile road usage chargethe opportunity to select a method fromamong multiple options for collecting andreporting the metered use by a subject vehi-cle of the highways in Oregon. [2013 c.781 §6]


319.905 Department of Transportationto adopt rules for collecting road usagecharge. The Department of Transportationshall provide by rule for the collection of theroad usage charges imposed under ORS319.885, including penalties and interest im-posed on delinquent charges. [2013 c.781 §7]


319.910 Department of Transportationto establish reporting periods for roadusage charge. (1) The Department of Trans-portation shall establish by rule reportingperiods for the road usage charges imposedunder ORS 319.885.

(2) Reporting periods established underthis section may vary according to the factsand circumstances applicable to classes ofregistered owners, lessees and subject vehi-cles.

(3) In establishing reporting periods, thedepartment shall consider:

(a) The effort required by registeredowners or lessees to report metered use andto pay the per-mile road usage charge;

(b) The amount of the per-mile road us-age charge owed;

(c) The cost to the registered owner orlessee of reporting metered use and of payingthe per-mile road usage charge;

(d) The administrative cost to the de-partment; and

(e) Other relevant factors that the de-partment deems important. [2013 c.781 §8]


319.915 Confidentiality of personallyidentifiable information used for report-ing and collecting road usage charge; ex-ceptions; records to be destroyed;exceptions; Department of Transporta-tion to provide for penalties. (1) As usedin this section:

(a) “Certified service provider” means anentity that has entered into an agreementwith the Department of Transportation underORS 367.806 for reporting metered use by asubject vehicle or for administrative servicesrelated to the collection of per-mile road us-age charges and authorized employees of theentity.

(b) “Personally identifiable information”means any information that identifies or de-scribes a person, including, but not limitedto, the person’s travel pattern data, per-mileroad usage charge account number, address,telephone number, electronic mail address,driver license or identification card number,registration plate number, photograph, re-corded images, bank account information andcredit card number.

(c) “VIN summary report” means amonthly report by the department or a certi-fied service provider that includes a sum-mary of all vehicle identification numbers ofsubject vehicles and associated total metereduse during the month. The report may notinclude location information.

(2) Except as provided in subsections (3)and (4) of this section, personally identifiable



information used for reporting metered useor for administrative services related to thecollection of the per-mile road usage chargeimposed under ORS 319.885 is confidentialwithin the meaning of ORS 192.355 (9)(a) andis a public record exempt from disclosureunder ORS 192.311 to 192.478.

(3)(a) The department, a certified serviceprovider or a contractor for a certified ser-vice provider may not disclose personallyidentifiable information used or developed forreporting metered use by a subject vehicleor for administrative services related to thecollection of per-mile road usage charges toany person except:

(A) The registered owner or lessee;(B) A financial institution, for the pur-

pose of collecting per-mile road usagecharges owed;

(C) Employees of the department;(D) A certified service provider;(E) A contractor for a certified service

provider, but only to the extent the contrac-tor provides services directly related to thecertified service provider’s agreement withthe department;

(F) An entity expressly approved to re-ceive the information by the registeredowner or lessee of the subject vehicle; or

(G) A police officer pursuant to a validcourt order based on probable cause and is-sued at the request of a federal, state or lo-cal law enforcement agency in an authorizedcriminal investigation involving a person towhom the requested information pertains.

(b) Disclosure under paragraph (a) of thissubsection is limited to personally identifi-able information necessary to the respectiverecipient’s function under ORS 319.883 to319.946.

(4)(a) Not later than 30 days after com-pletion of payment processing, dispute reso-lution for a single reporting period or anoncompliance investigation, whichever islatest, the department and certified serviceproviders shall destroy records of the lo-cation and daily metered use of subject vehi-cles.

(b) Notwithstanding paragraph (a) of thissubsection:

(A) For purposes of traffic managementand research, the department and certifiedservice providers may retain, aggregate anduse information in the records after remov-ing personally identifiable information.

(B) A certified service provider may re-tain the records if the registered owner orlessee consents to the retention. Consentunder this subparagraph does not entitle the

department to obtain or use the records orthe information contained in the records.

(C) Monthly summaries of metered useby subject vehicles may be retained in VINsummary reports by the department and cer-tified service providers.

(5) The department, in any agreementwith a certified service provider, shall pro-vide for penalties if the certified service pro-vider violates this section. [2013 c.781 §9]


319.920 Reporting requirement. (1) Ona date determined by the Department ofTransportation under ORS 319.910, the regis-tered owner or lessee of a subject vehicleshall report the metered use by the subjectvehicle and pay to the department the per-mile road usage charge due under ORS319.885 for the reporting period.

(2) Unless a registered owner or lesseepresents evidence in a manner approved bythe department by rule that the subject ve-hicle has been driven outside this state, thedepartment shall assume that all metered usereported represents miles driven by the sub-ject vehicle on the highways in Oregon. [2013c.781 §10; 2015 c.716 §13]


319.923 Reconciliation of fuel taxesand per-mile road usage charge. (1) If, atthe end of a reporting period establishedpursuant to ORS 319.910, the amount that aperson has paid, directly or indirectly, in fueltaxes for the reporting period with respect toa subject vehicle is less than the amount ofthe per-mile road usage charge owing underORS 319.885 for the reporting period withrespect to the subject vehicle, the Depart-ment of Transportation shall:

(a) Debit the person’s per-mile road usagecharge account for the reporting periodsolely for the amount of the difference; or

(b) If the person makes a direct paymentin the amount of the difference to the de-partment, not debit the person’s account forthe per-mile road usage charge for the re-porting period.

(2) If, at the end of a reporting periodestablished pursuant to ORS 319.910, theamount that a person has paid, directly orindirectly, in fuel taxes for the reporting pe-riod with respect to a subject vehicle exceedsthe amount of the per-mile road usage chargeowing under ORS 319.885 for the reportingperiod with respect to the subject vehicle,the department shall not:

(a) Debit the person’s account for theamount of the per-mile road usage chargeowing for the reporting period; or



(b) Issue a refund to the person or creditthe person’s account for the amount of theexcess. [2019 c.428 §9]


319.925 Refunds for overpayment;grant of refund as credit. (1) The Depart-ment of Transportation shall provide a re-fund to a registered owner or lessee that hasoverpaid the per-mile road usage charge im-posed under ORS 319.885.

(2) The department may provide by rulethat the refund under this section be grantedas a credit against future per-mile road usagecharges incurred by the registered owner orlessee. [2013 c.781 §11]


319.930 Refund applications. (1) A reg-istered owner or lessee that has paid theper-mile road usage charge imposed underORS 319.885 may apply to the Department ofTransportation for a refund for metered useof a road, thoroughfare or property in privateownership.

(2) An application for a refund under thissection must be submitted to the departmentwithin 15 months after the date on which theper-mile road usage charge for which a re-fund is claimed is paid.

(3) The application required under thissection shall be in a form prescribed by thedepartment by rule and must include asigned statement by the applicant indicatingthe number of miles for which the refund isclaimed.

(4) The department may require the ap-plicant for a refund under this section tofurnish any information the department con-siders necessary for processing the applica-tion. [2013 c.781 §12]


319.935 Investigation of refund appli-cations. (1) The Department of Transporta-tion may investigate a refund applicationsubmitted under ORS 319.930 and gather andcompile such information related to the ap-plication as the department considers neces-sary to safeguard the state and preventfraudulent practices in connection with taxrefunds and tax evasion.

(2) The department may, in order to es-tablish the validity of an application, exam-ine the relevant records of the applicant forsuch purposes.

(3) If an applicant does not permit thedepartment to examine the relevant records,the applicant waives all rights to the refundto which the application relates. [2013 c.781 §13]


319.940 Violations. (1) A person may notintentionally make a false statement in a re-port or refund application or when supplyingother information required under ORS319.920 or 319.930.

(2) A person may not intentionally applyfor, receive or attempt to receive a refundunder ORS 319.925 or 319.930 to which theperson is not entitled.

(3) A person may not intentionally aid orassist another person to violate any provisionof ORS 319.920, 319.925 or 319.930.

(4) A person who violates any provisionof this section commits a Class A violation.[2013 c.781 §14]


319.945 Authority to issue emblems;display. (1) The Department of Transporta-tion may issue an emblem to the registeredowner of a subject vehicle to show that theuse of fuel in the subject vehicle is exemptfrom taxation under ORS 319.510 to 319.880.

(2) An emblem issued under this sectionshall be displayed:

(a) In a conspicuous place on the subjectvehicle; and

(b) Only upon the subject vehicle withrespect to which it is issued. [2013 c.781 §15; 2015c.716 §10]


319.946 General rulemaking authorityfor per-mile road usage charge program.In accordance with applicable provisions ofORS chapter 183, the Department of Trans-portation may adopt any rules the depart-ment considers necessary or convenient forthe administration of ORS 319.883 to 319.946.[2019 c.428 §11]


319.947 Multijurisdictional agree-ments. The Department of Transportationmay enter into agreements with other statedepartments of transportation, the federalgovernment and Canadian provinces for thepurposes of:

(1) Conducting joint research relating toroad usage charges and development pro-grams on a multistate basis;

(2) Furthering the development and oper-ation of single state or multistate road usagecharge pilot programs;

(3) Sharing costs incurred in conductingthe research described in subsection (1) ofthis section; and

(4) Developing a program for stakeholderoutreach and communications with respectto road usage charges. [2013 c.781 §29]

Note: 319.947 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofORS chapter 319 or any series therein by legislative



action. See Preface to Oregon Revised Statutes for fur-ther explanation.

LOCAL FUEL TAXES319.950 Election required for local tax

on fuel for motor vehicles. A city, countyor other local government may enact oramend any charter provision, ordinance, res-olution or other provision taxing fuel formotor vehicles after submitting the proposedtax to the electors of the local governmentfor their approval. [2009 c.865 §27]


PENALTIES319.990 Penalties. (1) Any person who

violates any of the provisions of ORS 319.010

to 319.430, or any person who makes anyfalse statement in any statement required byORS 319.010 to 319.430 for the refund of anymoney or tax as provided in ORS 319.010 to319.430, or who collects or causes to be re-paid to the person or any person any tax,without being entitled to it under the pro-visions of ORS 319.010 to 319.430, commits aClass B misdemeanor.

(2) Violation of ORS 319.180 (6) or319.694 (4) is theft of public money and, uponconviction, is punishable as provided in ORS164.043 to 164.057.

(3) Violation of any provision of ORS319.240 (4) and (5) is a Class B misdemeanor.

(4) Violation of any provision of ORS319.510 to 319.880 is a Class A misdemeanor.[Amended by 1959 c.188 §43; 1961 c.261 §3; 1971 c.743§355; 1987 c.610 §19; 1987 c.907 §15; 1999 c.769 §15; 2011c.597 §181]


REVENUE AND TAXATION



Indigent Persons Injured in Motor Vehicle Accidents

445.010 Definitions445.020 Determination of indigency445.030 Motor Vehicle Accident Fund; source;

uses445.050 Jurisdiction; rules445.060 Limitation on benefits for care supplied445.070 Additional benefits permitted within lim-

its445.090 Filing of claims; time for filing445.110 Hospital claims; form and contents445.120 Filing of claims generally; combining

claims

445.130 Effect of liability of third person or com-mencement of legal action on settlementof claim

445.140 Audit and determination of validity ofclaims

445.150 Order allowing or rejecting claim; notice445.155 Judicial review

445.180 Reassignment of rights to claimant onnotice of finding person liable for care

445.185 When deduction may be made from pay-ments on claim


PUBLIC HEALTH AND SAFETY


INDIGENT PERSONS INJURED IN VEHICLE ACCIDENTS 445.030

445.010 Definitions. As used in thischapter, unless the context requires other-wise:

(1) “Ambulance operator” means anyperson operating an ambulance for hire.

(2) “Authority” means the Oregon HealthAuthority.

(3) “Care” means:(a) Treatment in and by a hospital.(b) Professional services of a doctor.(c) Professional services of a nurse.(d) Medicines, substances, articles, appli-

ances or physical therapy supplied on theprescription or order of the doctor in chargeof the case.

(e) Transportation and services by anambulance operator.

(f) Supplying prosthetic appliances andservices.

(g) Any combination of any two or moreof the services listed in this subsection.

(h) Professional services of a licensedphysical therapist.

(4) “Claimant” means a hospital, doctor,nurse, pharmacy, ambulance operator, sup-plier of prosthetic appliances and services orlicensed physical therapist, who supplies careto an indigent patient, and who files a claimfor charges therefor pursuant to this chapter.In respect of a hospital, it includes the oper-ator or managing officer thereof. “Claimant”also means an indigent patient, or a personalrepresentative of the patient after the deathof the patient, but claims allowed shall bepaid directly to those who supply care to theindigent patient; and an indigent claimant,or personal representative of the patient, hasno right of appeal under ORS 445.160 (1969Replacement Part).

(5) “Doctor” means a person licensed bythe appropriate board of this state to prac-tice one or more of the healing arts.

(6) “Hospital” includes nursing homesand means any institution that has a pro-vider agreement with the authority andwhich admits and cares for patients sufferingfrom motor vehicle injuries and applies forthe benefits of this chapter in the mannerprovided in ORS 445.110.

(7) “Indigent patient” means a personwho has suffered a motor vehicle injury andwho is unable to pay the cost of the caresupplied on account of such injury and, ex-cept in the case of a claim filed after a claimarising out of the same motor vehicle injuryhas been allowed by the authority or finallyadjudged affirmatively by a court on appeal,whose account therefor remains unpaid atthe expiration of 90 days after the termi-nation of the care and who is not entitled to

the benefits of the Workers’ CompensationLaw of this state or any other state orcountry on account of such injury.

(8) “Motor vehicle injury” means anypersonal injury suffered by a human being,and accidentally caused in, by, or as theproximate result of, the movement of a motorvehicle on a public way, street or highwaywithin this state, whether the injured personis the operator of the vehicle, a passenger inthe same or another vehicle, a pedestrian orwhatever the relationship of the injured per-son to the movement of the vehicle, andwhether or not the vehicle is under the con-trol of a human being at the time of the in-jury.

(9) “Nurse” means a person registered orlicensed to practice nursing by the OregonState Board of Nursing.

(10) “Pharmacy” means a place of busi-ness licensed by the State Board of Phar-macy, where drugs, medicines, prescriptions,chemicals or poisons are compounded, dis-pensed or sold at retail.

(11) “Supplier of prosthetic appliancesand services” means a place of business orperson licensed to manufacture or supplyprosthetic appliances and services.

(12) “Licensed physical therapist” meansa physical therapist within the State of Ore-gon licensed by the Oregon Board of PhysicalTherapy. [Amended by 1953 c.399 §1; 1965 c.376 §1;1969 c.247 §4; 1969 c.260 §1; 1973 c.141 §1; 1983 c.740 §164;1985 c.279 §3; 2001 c.104 §183; 2009 c.595 §801; 2019 c.43§4]

445.020 Determination of indigency. (1)A person injured by the movement of a mo-tor vehicle is deemed unable to pay thecharges for care if it appears that, upon dueand diligent search and inquiry, the person,or any other person chargeable by law withthe care or support of the person, cannot befound for service of summons, or that, shouldan action be brought and judgment securedagainst the person, or against any other per-son chargeable by law with the care or sup-port of the person, for the amount of thecharges, execution thereon would be una-vailing.

(2) Indigency of a patient shall be deter-mined as of the date on which the patientbecomes unable to pay the cost of the care.

445.030 Motor Vehicle Accident Fund;source; uses. (1) There is created a fund tobe known as the Motor Vehicle AccidentFund, to be held and deposited by the StateTreasurer in such banks as are authorized toreceive deposits of the General Fund.

(2) All moneys received by the OregonHealth Authority under this chapter shallforthwith be paid to the State Treasurer, andshall become a part of the fund.


445.050 PUBLIC HEALTH AND SAFETY

(3) The following shall be paid from thefund:

(a) All claims and benefits allowed by theauthority or finally adjudged affirmatively bya court on appeal in the amounts allowed oradjudged and within the limitations of ORS445.060 and 445.070.

(b) All expenses of litigation incurred bythe authority on any appeal.

(c) All court costs and disbursements as-sessed against the authority.

(d) All salaries, clerk hire, advances andreimbursement of travel costs and expensesincurred by the authority in the administra-tion of this chapter.

(e) Expenses incurred by the authority inthe administration of the Emergency MedicalServices and Trauma Systems Program cre-ated pursuant to ORS 431A.085. The totalamount of all payments from the fund forpurposes of this paragraph shall be equal to$891,450 each biennium.

(4) Liability for payment of claims orjudgments thereon, or both, and expensesauthorized by this chapter shall be limited tothe fund and all additions thereto made un-der this chapter. [Amended by 1965 c.376 §2; 1983c.338 §29; 1983 c.740 §165; 1985 c.279 §4; 1997 c.546 §1;2001 c.668 §6; 2009 c.595 §802]

445.040 [Repealed by 1961 c.672 §2]

445.050 Jurisdiction; rules. The OregonHealth Authority may:

(1) Hear and determine all questionswithin its jurisdiction.

(2) Promulgate and enforce all rules andregulations as may be proper in the adminis-tration and enforcement of this chapter.[Amended by 1985 c.279 §5; 2009 c.595 §803]

445.060 Limitation on benefits for caresupplied. Except as provided in ORS 445.070,the payment of benefits authorized by thischapter is limited to care supplied within oneyear from the date of the motor vehicle in-jury and is further limited so that for caresupplied to any one indigent patient by rea-son of any one motor vehicle injury:

(1) No hospital or hospitals shall receivefrom the fund more than $6,000, in the ag-gregate, except that a Level I or II traumahospital or hospitals may receive up to$12,000, in the aggregate.

(2) No doctor or doctors shall receivefrom the fund more than $2,500, in the ag-gregate.

(3) No nurse or nurses shall receive fromthe fund more than $500, in the aggregate.

(4) No pharmacy or pharmacies shall re-ceive from the fund more than $500, in theaggregate.

(5) No ambulance operator or ambulanceoperators shall receive from the fund morethan $500, in the aggregate, except that anair ambulance or air ambulances may receiveup to $2,000, in the aggregate.

(6) No supplier or suppliers of prostheticappliances and services shall receive fromthe fund more than $500, in the aggregate.

(7) No licensed physical therapist or li-censed physical therapists shall receive fromthe fund more than $500, in the aggregate.[Amended by 1953 c.399 §2; 1969 c.260 §2; 1973 c.141 §2;1997 c.546 §2]

445.070 Additional benefits permittedwithin limits. If it is made to appear to theOregon Health Authority that the limitationsof ORS 445.060 are not sufficient to providenecessary and adequate care of an indigentpatient and that the condition of the indigentpatient warrants such action, the authority,in its sole discretion, the exercise of whichshall be conclusive and not in any wise sub-ject to review, may authorize the supplyingof additional care to the indigent patient ofthe same type as the types of initial careauthorized by this chapter and may pay forthe same from the Motor Vehicle AccidentFund. No claim for additional care shall beenforceable under this chapter unless theauthority first approves and authorizes inwriting the supplying of such additional care.No single authorization shall be for morethan:

(1) For additional care supplied by a hos-pital or hospitals, $500.

(2) For additional care supplied by a doc-tor or doctors, $300.

(3) For additional care supplied by anurse or nurses, $200.

(4) For additional care supplied by apharmacy or pharmacies, $100.

(5) For additional care supplied by anambulance operator or ambulance operators,$50.

(6) For additional care supplied by a sup-plier or suppliers of prosthetic appliancesand services, $100.

(7) For additional care supplied by a li-censed physical therapist or licensed physicaltherapists, $100. [Amended by 1969 c.260 §3; 1973c.141 §3; 1985 c.279 §6; 2009 c.595 §804]


445.090 Filing of claims; time for fil-ing. (1) At the time of filing a claim underthis chapter, the claimant shall submit to theOregon Health Authority such informationand data as the authority may reasonablyrequire.

(2) A claim filed under this chapter mustbe filed with the authority within one year


INDIGENT PERSONS INJURED IN VEHICLE ACCIDENTS 445.150

after the termination of the care supplied bythe claimant. However, in computing thetime there shall not be included that periodbeginning when any claim under ORS chap-ter 656 arising out of the same motor vehicleaccident is filed by the indigent patient withthe authority, and ending when that claimhas been finally decided. [Amended by 1953 c.399§3; 1959 c.676 §1; 1965 c.376 §3; 1969 c.260 §4; 1983 c.45§2; 2009 c.595 §805]

445.100 [Repealed by 1965 c.376 §6]

445.110 Hospital claims; form andcontents. Each claim shall be made in writ-ing in the form prescribed by the OregonHealth Authority, and shall show, and beaccompanied by, the following matters andthings:

(1) The name and last-known post-officeaddress of the person to whom care has beengiven.

(2) The number of days’ care, with thedates of admission to the hospital and of dis-charge therefrom or other termination ofcare.

(3) The amount of the claim.(4) A statement in writing showing the

effort made by the hospital to collect theamount of the claim, the facts indicating theindigency of the patient, and the amount, ifany, of money received from the patient orothers in payment of the account of the pa-tient.

(5) If reasonably obtainable, the affidavitof the indigent patient or of the person oragency, if any, responsible for the patient,and, if reasonably obtainable, the statementin writing of a public or private agency en-gaged in the relief of the poor, verifying theindigency of the patient. If the affidavit orstatement does not accompany the claim, andit is alleged in the claim that such absenceis owing to the fact that the affidavit orstatement is not reasonably obtainable, theclaim shall set forth the facts upon whichsuch assertion is based.

(6) Any other information and data theauthority may reasonably require. [Amendedby 1965 c.376 §4; 1983 c.45 §3; 1985 c.279 §7; 2009 c.595§806]

445.120 Filing of claims generally;combining claims. (1) The claim of a claim-ant other than a hospital shall be in formand substance like that provided in ORS445.110 in so far as applicable and be accom-panied by the same supporting documents.However, only one set of supporting docu-ments need be filed in respect of any one in-digent patient in regard to any one motorvehicle injury.

(2) An account for the services of anorthodontist for orthodontia performed by

the orthodontist on the order of the doctorin charge of the case or an account for caresupplied by a nurse, pharmacy, ambulanceoperator, supplier of prosthetic appliancesand services or services of a licensed phys-ical therapist may be, with the consent of thedoctor, assigned to, and included as a part inand of the claim of, a hospital or doctor.[Amended by 1969 c.260 §5; 1973 c.141 §4]

445.130 Effect of liability of third per-son or commencement of legal action onsettlement of claim. For the purposes ofclaims under ORS 445.110 and 445.120, anindigent patient who is not otherwise able topay the charges for care supplied shall notbe deemed to be able to pay them because athird person might be held liable in an actionto recover damages on account of the motorvehicle injury, if an action has not beencommenced. If an action has been com-menced, the claim shall show that fact. Inthat event the Oregon Health Authority maysuspend the determination of the claim untilthe action has been terminated and fromtime to time require the claimant to supplysuch further information and data in respectof the action as the authority may deemnecessary in order to determine the ultimateability of the patient to pay the charges forwhich the claim is filed. [Amended by 1985 c.279§8; 2009 c.595 §807]

445.140 Audit and determination ofvalidity of claims. The Oregon Health Au-thority shall examine and audit each claimfiled with it under this chapter. From theinformation and data contained in the claim,the reports of the claimant, the documentsso accompanying and supporting the claimand such other evidence as it may reasonablyrequire or itself adduce, the authority shallfind and determine:

(1) Whether or not the claim has beenfiled within the time limited in ORS 445.090.

(2) Whether or not the claim is predi-cated upon care supplied to a person suffer-ing from a motor vehicle injury.

(3) Whether or not the injured person isunable to pay the charges for which theclaim is filed, within the meaning of ORS445.020.

(4) Whether or not the claimant hasmade reasonable and timely effort to effectcollection of its claim. [Amended by 1969 c.260§6; 1985 c.279 §9; 2009 c.595 §808]

445.150 Order allowing or rejectingclaim; notice. (1) If, in the matter of theclaim, the Oregon Health Authority findsand determines in the affirmative in respectof items listed in ORS 445.140, the authorityshall, by its order made and filed in thematter, allow the claim in such amount, notexceeding the limitations in ORS 445.060 and


445.155 PUBLIC HEALTH AND SAFETY

445.070, less such amount as has been paidon the account.

(2) If in its judgment the maintenance ofthe solvency of the Motor Vehicle AccidentFund so requires, the authority may makepayment in monthly installments of anyclaim which has been allowed by it, orfinally adjudged affirmatively by a court onappeal.

(3) If the authority finds and determinesin the negative in respect of any item listedin ORS 445.140, the authority shall, by itsorder made and filed therein, reject theclaim.

(4) The authority promptly shall servethe claimant with a copy of its order, ad-dressed to the claimant at the claimant’slast-known post-office address as shown bythe records and files of the authority.[Amended by 1983 c.45 §5; 1983 c.740 §116; 1985 c.279 §10;2009 c.595 §809]

445.155 Judicial review. Judicial reviewof regulations under ORS 445.050 and ordersunder ORS 445.150 shall be in accordancewith ORS chapter 183, provided that theamount involved in the appeal from the orderexceeds $100, and provided further that theamount involved in the appeal from the de-cision of the court exceeds $500. [1971 c.734 §62]

445.160 [Repealed by 1971 c.734 §21]445.170 [Repealed by 1985 c.279 §14]

445.180 Reassignment of rights toclaimant on notice of finding person lia-ble for care. (1) If it comes to the knowledgeof a claimant who has received payment ofa claim under this chapter that the patientin respect of whom the claim has been paid,or any other person chargeable by law withthe care or support of the patient, has beenpaid, or is able to pay, the amount of theclaim, the claimant shall diligently pursuesuch payment.

(2) A claimant who has received paymentof a claim from the Oregon Health Authorityunder this chapter shall inform the authoritypromptly and in writing if:

(a) The claimant receives any paymentfrom or on behalf of the patient in respectof whom the claim has been paid or from anyperson chargeable by law with the care orsupport of the patient;

(b) The claimant knows or has reason tobelieve that the patient or any personchargeable by law with the care or supportof the patient is able to pay the amount ofthe claim or any part thereof; or

(c) The claimant or any person on behalfof the claimant institutes an action againstthe patient or any person chargeable by lawwith the care or support of the patient torecover all or part of the amount of theclaim.

(3) All moneys paid to or for the use orbenefit of the claimant by or on behalf of thepatient shall, after deduction of the reason-able cost of recovering them, be paid to theauthority for deposit in the Motor VehicleAccident Fund. [Amended by 1985 c.279 §11; 2009c.595 §810]

445.185 When deduction may be madefrom payments on claim. When a claimantfails to pursue payment as required by ORS445.180 or to pay to the Oregon Health Au-thority the amount required by ORS 445.180to be paid, the authority shall, after 60 days,deduct the amount paid by it on the claimfrom any subsequent payment made to theclaimant unless it is made to appear to thesatisfaction of the authority that:

(1) Upon due and diligent search and in-quiry neither the patient nor any personchargeable by law with the care or supportof the patient can be found;

(2) An action against the patient or aperson chargeable by law with the care orsupport of the patient has been institutedand is pending; or

(3) An action has been prosecuted tofinal judgment, all legal remedies for satis-faction of the judgment have been exhaustedand the judgment has not been collected.[1985 c.279 §13; 2009 c.595 §811]

445.190 [Repealed by 1985 c.279 §14]445.200 [Repealed by 1985 c.279 §14]445.210 [Repealed by 1985 c.279 §14]445.220 [Repealed by 1985 c.279 §14]445.230 [1961 c.470 §2; repealed by 1985 c.279 §14]445.240 [1961 c.470 §3; 1983 c.45 §4; repealed by 1985

c.279 §14]445.250 [1961 c.470 §4; repealed by 1985 c.279 §14]445.260 [1961 c.470 §5; repealed by 1985 c.279 §14]445.270 [1983 c.126 §3; repealed by 2009 c.595 §1204]


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