Title 190 · ORS Chapter 190

221.880; 2013 c.768 �106e] ����� 190.590 Reporting information to university. Any state agency, or officer thereof, and any city, or department, officer or employee thereof, shall, upon request of

Citation: ORS 221.880

Section: 221.880

221.880; 2013 c.768 �106e]

����� 190.590 Reporting information to university. Any state agency, or officer thereof, and any city, or department, officer or employee thereof, shall, upon request of Portland State University, furnish such available information as may be required by the university in securing accurate data and information upon which to base its estimates. The university may prescribe the form for reporting such information. [Formerly 221.885; 2013 c.768 �106f]

����� 190.600 [Formerly 221.890; repealed by 1963 c.115 �2]

����� 190.610 State census program. Portland State University shall establish a program, designed to perform the duties imposed upon it by ORS 190.510 to 190.610. [1965 c.207 �6; 2011 c.637 �67; 2013 c.768 �106g]

����� 190.620 Effect of corrected certificate on payments to cities or counties; adjustment of payments. (1) Whenever a corrected certificate of census is filed and the correction is such that payment of funds under ORS 323.455, 366.785 to 366.820 or 471.810 was more or less than the city, county or other area would have been entitled, the payment shall be corrected in the distribution of funds next following the erroneous distribution. In computing the corrected distribution, the amount due any city or county or other area under the corrected certificate shall be distributed first, and the amounts payable that would otherwise be distributed shall be adjusted accordingly.

����� (2) The provisions of subsection (1) of this section shall apply to all distributions made after December 31, 1970, if a corrected certificate has been filed prior to the distribution next following the erroneous distribution. If the corrected certificate is not filed before the distribution next following the erroneous distribution, no adjustments are required and the corrected certificate shall affect only those distributions made after the corrected certificate is filed. [1971 c.222 �1]

INTERGOVERNMENTAL ARBITRATION

����� 190.710 Definitions for ORS 190.710 to 190.800. As used in ORS 190.710 to 190.800:

����� (1) �Association� means the American Arbitration Association.

����� (2) �Local government� means a city, county, special district or other public corporation, commission, authority or entity organized under state statute or city or county charter.

����� (3) �State agency� means any state board, commission, department or division. [1981 c.857 �1]

����� 190.720 Agreement to arbitrate; costs. (1) Disputes between a state agency or local government and another state agency or local government, including disputes relating to the title to real estate, may, if the parties agree, be submitted to the award of an arbitrator of the American Arbitration Association. The agreement may not be rescinded after the notice of intent to arbitrate has been mailed to the association.

����� (2) Costs of arbitration shall be assessed to the parties as provided by the commercial arbitration rules of the association. [1981 c.857 ��2,12]

����� 190.730 Submission to regional office. The parties shall submit to the northwest regional office of the American Arbitration Association:

����� (1) Duplicate copies of a notice of intention to arbitrate;

����� (2) Duplicate copies of each party�s statement of the nature of the dispute, the amount of money involved, if any, and the remedy sought; and

����� (3) The administrative fee required by the association. [1981 c.857 �3]

����� 190.740 Arbitration rules. Except as otherwise provided in ORS 190.710 to 190.800, an arbitration proceeding shall be conducted under the commercial arbitration rules of the American Arbitration Association as they existed on January 1, 1981. [1981 c.857 �4]

����� 190.750 Selection of arbitrators. (1) Arbitrator candidates shall be selected from a list of candidates provided by the American Arbitration Association.

����� (2) The association shall make an initial screening for bias as may be appropriate and shall require a candidate for a particular case to complete a current personal disclosure statement under oath. In addition to other relevant information, the statement shall disclose the present residence and immediate prior residence of the candidate, any prior association with any of the parties and any personal acquaintance with counsel for the parties. If the statement reveals facts which suggest the possibility of bias, the association shall communicate those facts to the parties. The arbitrator shall then be appointed in accordance with the rules of the association. [1981 c.857 �5]

����� 190.760 Procedure during arbitration. (1) The arbitrator shall regulate the hearing in accordance with the rules of the American Arbitration Association except that:

����� (a) The arbitrator shall take an oath of office.

����� (b) Testimony shall be taken under oath.

����� (c) After the first witness is sworn, an arbitrator may not be disqualified for bias.

����� (2) The arbitrator may call a neutral expert on the arbitrator�s own motion, which expert witness shall be subject to cross-examination by the parties. The cost of the expert witness is part of the cost of the proceeding. [1981 c.857 �6]

����� 190.770 Subpoena procedure. The arbitrator may, and shall, upon application by a party to the proceeding, issue a subpoena requiring a person to appear and be examined with reference to a matter within the scope of the proceeding, and to produce books, records or papers pertinent to the proceeding. In case of disobedience to the subpoena, the party requesting it may petition the circuit court of the county in which the witness resides or the circuit court of the county in which the inquiry is being held to require compliance with the subpoena. The circuit court, in case of refusal to obey a subpoena, may issue an order requiring the person to appear and to produce books, records and papers and give evidence on the matter in question. Failure to obey the order of the court may be punished by the court as contempt. [1981 c.857 �7]

����� 190.780 Depositions. On application of a party to the arbitration, the arbitrator may order the deposition of a witness to be taken for use as evidence and not for discovery if the witness cannot be compelled to attend the hearing or if exceptional circumstances exist making it desirable. [1981 c.857 �8]

����� 190.790 Relief; briefs; opinion; damages; filing of petition to confirm award. (1) The arbitrator may grant any relief deemed appropriate.

����� (2) The arbitrator may order submission of written briefs within 30 days after the close of hearings. In addition to a brief, each party may summarize the evidence and propose an award.

����� (3) The arbitrator shall issue a written opinion and award within 30 days after the close of the hearing or the receipt of briefs, if ordered.

����� (4) Damages or other remedies shall be without limitation as to nature or amount unless otherwise provided by law.

����� (5) A party may file a petition with a court for confirmation of the award as provided in ORS