Title 182 · ORS Chapter 182

shall be required at the time of ordering the performance of any

Citation: ORS 182.060

Section: 182.060

182.060 shall be required at the time of ordering the performance of any services for which a fee or charge may be collected by the county to pay the collectible fee or charge in advance or at the time the services are rendered. The county clerk or other officer performing the service, upon request made by the board or commission, shall charge to the board or commission the amount of the fee or charge, and thereafter on the first days of January, April, July and October of each calendar year supply to the board or commission an itemized statement of all services performed upon order of the board or commission for the three months preceding, together with the legal charge collectible therefor. The board or commission, upon receipt of the statement, promptly shall pay the amount due the county.

����� 182.060 County clerk to record instruments affecting realty for state boards and commissions. When requested by a state board or commission, the county clerk shall record in the office of the clerk any instrument affecting real property and shall return to the board or commission a receipt for the instrument showing the legal charge for the recording of the instrument. [Amended by 1999 c.654 �12]

����� 182.065 [1977 c.739 �1; 1979 c.593 �5; renumbered 183.025]

����� 182.070 [1953 c.527 �2; 1961 c.167 �21; 1979 c.215 �1; repealed by 1995 c.69 �12]

����� 182.072 Payment for licenses issued by county or other public body on behalf of state agency. If an agency of the executive department, as defined in ORS 174.112, enters into a contract with a county or other public body, as defined in ORS 174.109, for the purpose of issuing licenses on behalf of the agency, the agency, by rule, shall provide that payment for the licenses be made directly to the agency if:

����� (1) The agency has implemented a functioning licensing software system that is approved by the Oregon Department of Administrative Services; and

����� (2) The agency pays to the county or other public body the same amounts under the contract that the county or other public body would have received if the county or other public body had collected the license fees. [2007 c.768 �61]

����� Note: 182.072 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 182 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 182.080 Effect of repeal or amendment of statute authorizing state agency to collect, receive and expend moneys. (1) The repeal of a statute or the deletion by amendment of a part thereof that granted or conferred power to any state officer, board, commission, corporation, institution, department, agency or other state organization to collect, receive and expend moneys for or on behalf of the state or for any purpose authorized by law does not affect or impair any act done, or right accruing, accrued or acquired, or liability, or obligation to pay the state a license or other fee, or payment exacted or required by law to be made or authorized by the repealed or amended statute and the rules, regulations and orders, if any, promulgated thereunder and in effect at the time of the repeal or amendment, unless otherwise specifically provided by law. In the event of such repeal or amendment of a statute, the Secretary of State may determine, collect and disburse any moneys due the state, or payable by or through the state, representing such license or other fee, or payment exacted or required by law in accordance with the provisions of such repealed or amended statute and such rules, regulations and orders promulgated thereunder, and as otherwise provided by law, in order to secure the full force, effect and operation of such statute up to the time of its repeal or amendment, but not thereafter.

����� (2) Upon repeal or amendment of a statute as described in subsection (1) of this section, so much as may be necessary, and no more, of the balance in the General Fund appropriated for the use, operation and function of the state officer, board, commission, corporation, institution, department, agency or other state organization is transferred to the Secretary of State for the payment of all expenses incurred by the Secretary of State in winding up and concluding administration of the repealed or amended statute, as authorized in subsection (1) of this section. If the balance of the unexpended appropriation is insufficient to cover the costs and expenses of the Secretary of State in administering and concluding the operation of the repealed or amended statute, the secretary may request transfer or appropriation of any funds, accounts and receipts belonging to the state in the custody or control of such state officer, board, commission, corporation, institution, department, agency or other state organization, to cover in full the costs of winding up and concluding the administration of the statute. [1955 c.73 �1; 2005 c.755 �3]

����� 182.090 State agency to pay attorney fees and expenses when court finds for petitioner and that agency acted unreasonably. (1) In any civil judicial proceeding involving as adverse parties a state agency, as defined in ORS 291.002, and a petitioner, the court shall award the petitioner reasonable attorney fees and reasonable expenses if the court finds in favor of the petitioner and also finds that the state agency acted without a reasonable basis in fact or in law.

����� (2) Amounts allowed under this section for reasonable attorney fees and expenses shall be paid from funds available to the state agency. The court may withhold all or part of the attorney fees from any award to a petitioner if the court finds that the state agency has proved that its action was substantially justified or that special circumstances exist which make the award of all or a portion of the attorney fees unjust.

����� (3) As used in this section, �civil judicial proceeding� means any proceeding, other than a criminal proceeding as defined in ORS 131.005 (7), conducted before a court of this state. [1981 c.871 �2; 1983 c.763 �61]

����� 182.100 Affirmative action policy; implementation on appointments. (1) It is declared to be the policy of Oregon that this state shall be a leader in affirmative action. All appointive authorities for state boards, commissions and advisory bodies shall implement this policy of affirmative action in their appointments, subject to the legal requirements for each appointment.

����� (2) The Director of Affirmative Action shall assist all persons who have appointing authority at the state level for boards, commissions or advisory bodies in carrying out the state policy stated in subsection (1) of this section and ORS 236.115.

����� (3) As used in this section, �affirmative action� means a method of eliminating the effects of past and present discrimination, intended or unintended, on the basis of race, religion, national origin, age, sex, marital status or physical or mental disabilities, that are evident or indicated by analysis of present appointment patterns, practices and policies. [1981 c.255 �1; 1989 c.224 �10; 1997 c.539 �2]

����� 182.105 Information concerning tax benefits of providing child care under employee benefit plan. Any state agency may provide information to employers concerning the tax benefits of providing child care, as defined in ORS 329A.250, under an employee benefit plan. [1985 c.753 �5; 1995 c.278 �28]

����� 182.109 Agency actions to carry out state policies for persons with disabilities. In carrying out the policies stated in ORS 410.710, state agencies shall:

����� (1) Review their rules and policies and may revise them as necessary to reflect a positive approach to persons with disabilities.

����� (2) Encourage and promote education of state employees, state officials and the public in general about the worth and capacity of persons with disabilities.

����� (3) In all state correspondence and publications, avoid the use of stereotypes and negative labels such as �victim,� �afflicted,� �crippled� and �handicapped� except as such terms are required by statute or federal law and regulation.

����� (4) Use the preferred and more positive term �person with a disability� instead of �disabled person,� �handicapped� or other negative words except as such terms are required by statute or federal law and regulation.

����� (5) In implementing subsections (1) to (4) of this section, develop and seek input regarding terminology and portrayal of persons with disabilities from persons who have disabilities and their advocates.

����� (6) Foster corrective measures and avoid stereotypes and negative labeling in texts used by schools, newspapers, magazines, radio and television by encouraging review and analysis of these media by publishers, company owners or appropriate agencies.

����� (7) Use the term �person with a disability� to the extent consistent with state and federal law in rules adopted on or after January 1, 2006. [1989 c.224 �2; 2005 c.411 �2; 2007 c.70 �48]

����� 182.110 [1959 c.501 �1; repealed by 1959 c.501 �10]

����� 182.112 Title to property acquired by state agency in name of state. A state agency, as defined in ORS