184.635. The official act of any such person so acting in the director�s name and by the authority of the director shall be considered to be an official act of the director. ����� (4) The director sh

184.635. The official act of any such person so acting in the director�s name and by the authority of the director shall be considered to be an official act of the director.

����� (4) The director shall have authority to require a fidelity bond of any officer or employee of the department who has charge of, handles or has access to any state money or property, and who is not otherwise required by law to give a bond. The amounts of the bond shall be fixed by the director, except as otherwise provided by law, and the sureties shall be approved by the director. The department shall pay the premiums on the bonds.

����� (5)(a) Subject to local government requirements and the provisions of ORS 197.830 to 197.845, the director may participate in and seek review of a land use decision or limited land use decision as defined in ORS 197.015. The director shall report to the commission on each case in which the department participates and on the positions taken by the director in each case.

����� (b) If a meeting of the commission is scheduled prior to the close of the period for seeking review of a land use decision or limited land use decision, the director shall obtain formal approval from the commission prior to seeking review of the decision. However, if the land use decision or limited land use decision becomes final less than 15 days before a meeting of the commission, the director shall proceed as provided in paragraph (c) of this subsection. If the director requests approval from the commission, the applicant and the affected local government shall be notified in writing that the director is seeking commission approval. The director, the applicant and the affected local government shall be given reasonable time to address the commission regarding the director�s request for approval to seek review. No other testimony shall be taken by the commission.

����� (c) If a meeting of the commission is not scheduled prior to the close of the period for seeking review of a land use decision or limited land use decision, at the next commission meeting the director shall report to the commission on each case for which the department has sought review. The director shall request formal approval to proceed with each appeal. The applicant and the affected local government shall be notified of the commission meeting in writing by the director. The director, the applicant and the affected local government shall be given reasonable time to address the commission regarding the director�s request for approval to proceed with the appeal. No other testimony shall be taken by the commission. If the commission does not formally approve an appeal, the director shall file a motion with the appropriate tribunal to dismiss the appeal.

����� (d) A decision by the commission under this subsection is not subject to appeal.

����� (e) For purposes of this subsection, �applicant� means a person seeking approval of an application as defined in ORS 215.427 or 227.178.

����� (6) The director may intervene in an appeal of a land use decision brought by another person in the manner provided for an appeal by the director under subsection (5) of this section. [1973 c.249 �18; 1993 c.741 �8; 1999 c.292 �2; 2005 c.612 �1; 2017 c.750 �25; 2025 c.476 �26]

����� 184.634 Disposition of real property by department; rules. Notwithstanding the provisions of ORS 270.100, 270.110, 270.130, 270.140, 270.150 and 273.426, the Oregon Transportation Commission may establish by rule procedures and criteria for:

����� (1) The advertisement for sale of real property by the Department of Transportation;

����� (2) The disposition of real property by the department after an auction at which no satisfactory bids were received; and

����� (3) The disposition by the department of real property that:

����� (a) Has minimal value and is useful only to adjacent property owners; or

����� (b) May not, because of local land use ordinances, be disposed of to anyone other than adjacent property owners. [1989 c.499 �2; 1991 c.816 �23]

����� 184.635 Reports to Governor; delegation of powers; rules. (1) The Oregon Transportation Commission shall develop and report to the Governor on legislative, budgetary and administrative programs to accomplish comprehensive, long-range, coordinated planning and policy formulation in the matters of public interest related to transportation. To accomplish this end, the commission may hold public hearings, consult with and use the services and cooperation of other state and federal agencies, employ consultants and appoint advisory and technical committees to assist in the work.

����� (2) Whenever a power is granted to the commission the power may be exercised by such officer or employee within the Department of Transportation as is designated in writing by the commission. Any such designation shall be filed in the office of the Secretary of State. The authority to delegate granted by this subsection includes, but is not limited to, authority to delegate the power to adopt rules for the department. [1969 c.599 �6; 1973 c.249 �14; 1993 c.741 �9]

����� 184.636 Revolving funds; disbursements; payment of claims and expenses of other state agencies. (1) Upon approval of the State Treasurer and the Oregon Department of Administrative Services, the Department of Transportation may establish revolving funds in the State Treasury. These funds may be used as depository accounts.

����� (2) Disbursements may be made by check signed by such person as delegated by the Director of Transportation. Disbursements shall be made only in payment of claims authorized by law for the ordinary expenditures of the department incurred in the operation of the department. The department shall keep accurate account of which funds any expenditures are debited or credited to and of any interest income which may be due.

����� (3) Upon approval of the Oregon Department of Administrative Services and the State Treasurer, the department may write checks upon the State Treasury to pay for claims and expenditures of other state agencies not a part of the department. The Oregon Department of Administrative Services shall draw up warrants for the amounts paid separately or in aggregate.

����� (4) Moneys in the account established under subsection (1) of this section may be held as petty cash or carried by the State Treasurer to be disbursed in accordance with subsection (3) of this section. [1989 c.345 �5; 1993 c.741 �10]

����� 184.637 Departmental fiscal officer; reports. The Director of Transportation shall designate a fiscal officer for the Department of Transportation who shall:

����� (1) Provide for sound financial management systems, including all accounting, budgetary and financial control functions for the department.

����� (2) Prepare financial reports as required by statute or as required by the director.

����� (3) Act in an advisory capacity to the director in all financial matters and perform such other duties and responsibilities with respect to accounting procedures and other like duties and responsibilities as the director considers advisable.

����� (4) By the end of the calendar year, prepare and submit to all units of the department for which accounting services were performed a report of all funds received during the last completed fiscal year by each unit, the sources from which funds were received, the expenditures and disbursement of the funds and the purpose for which they were expended. [1973 c.249 �20; 1979 c.293 �2; 1989 c.345 �1; 1993 c.741 �11]

����� 184.638 Functions provided by fiscal officer. The fiscal officer for the Department of Transportation may provide or contract for the provision of the following functions for the department:

����� (1) Operation of an adequate accounting system in order that all revenues and expenditures may be properly recorded and maintained.

����� (2) Partial payment on contracts based upon estimates of completion.

����� (3) Preparation of vouchers covering claims for all salaries and expenses and other expenditures which are authorized by the Director of Transportation. Claims approved by the director shall be indorsed by the director or the director�s designee and presented for payment.

����� (4) Preparation of a monthly payroll in which the department shall record the name of each employee, the rate of salary or wages, the capacity in which each person is employed and the amount due each employee. The payroll shall be verified by the fiscal officer. After payment, payroll checks shall be retained by the department, and shall constitute a full receipt of the payment for services rendered. The department may draw payroll checks against appropriate departmental accounts.

����� (5) Such other functions as the director may deem necessary for the sound fiscal administration of the department. [1989 c.345 �3; 1993 c.741 �12]

����� 184.639 Internal auditor. (1) The Oregon Transportation Commission, in consultation with the Director of Transportation, shall designate an internal auditor for the Department of Transportation. The internal auditor shall be an employee of the department and shall report to the director. The director may remove the internal auditor only after a majority vote of the commission approves the removal.

����� (2) The internal auditor shall perform internal audits of the department, in accordance with ORS