Chapter 190 — Chapter 190
79 sections in this chapter.
ORS 190.474 Reports by out-of-state police officers. When an officer exercises the authority granted by ORS 190.472, the officer shall submit, as soon as is practicable, a report concerning the incident to the law enforcement agency in Oregon having primary jurisdiction over the geographic area in which the incident occurred. The law enforcement agency to whom the report is submitted may establish a reporting procedure to be used in making a report under this section. [1997 c.855 §2]
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Note: See note under 190.472.
ORS 190.476 Delegation of supervision of police officers; agency liability. (1) An officer exercising authority under ORS 190.472 is subject to the supervisory control of and limitations imposed by the commissioning agency. However, the commissioning agency may temporarily delegate supervision of the officer to another law enforcement agency
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(2) Any liability or claim of liability that arises out of the exercise of authority under ORS 190.472 by an officer acting within the course and scope of the officer’s duties under ORS 190.472 is the responsibility of the commissioning agency unless: (a) The officer acts under t…
ORS 190.478 Effect on federal officers. ORS 190.472 does not confer on federal officers, as defined in ORS 133.005, any additional powers. The powers of federal officers are limited to those powers conferred by other laws. [1997 c.855 §4]
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Note: See note under 190.472. INTERNATIONAL COOPERATION
ORS 190.480 Definition for ORS 190.480 to 190.490. As used in ORS 190.480 to 190.490, “state agency” or “agency” means every state officer, board, commission, department, institution, branch or agency of state government whose costs are paid wholly or in part from funds held in the State Treasury. [1991 c.137 §1]
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Note: 190.480 to 190.490 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 190 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 190.485 Authority of state agency to exercise authority jointly with nation or national agency of other than United States; contents of agreements. (1) Any power or powers, privileges or authority exercised or capable of exercise by a state agency in this state may be exercised and enjoyed jointly with a nation or a public agency in any nation other than the United States, to the extent that the laws of the United States and of the other nation do not prohibit such joint exercise or enjoyment
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(2) A state agency may enter into an agreement with another nation or public agency of another nation for joint and cooperative action. (3) An agreement described in subsection (2) of this section must specify its duration, the organization, composition and nature of any separate…
ORS 190.490 Approval of agreement by Attorney General; filing of agreement; rules; exemptions. (1) Every agreement entered into under ORS 190.485 shall be submitted to the Attorney General before taking effect. The Attorney General shall determine whether the agreement is in proper form and compatible with the laws of this state. If the Attorney General determines that the agreement is improper in some respect, the Attorney General shall give written notice to the state agency concerning the specific respects in which the agreement fails to comply with law. Failure of the Attorney General to give such notice to the state agency within 30 days of submission of the agreement to the Attorney General’s office shall constitute approval of the agreement. The Attorney General may exempt certain agreements, classes of agreements or form agreements from the requirement that the agreement be approved by the Attorney General before taking effect
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(2) The state agency shall file any agreement made under ORS 190.485 with the Oregon Department of Administrative Services within 30 days of the effective date of the agreement. The department may adopt rules necessary for the administration of this subsection. (3) This section d…
ORS 190.510 Definitions for ORS 190.510 to 190.610. As used in ORS 190.510 to 190.610, unless the context requires otherwise, “city” means any incorporated city or town. [Formerly 221.845; 1965 c.207 §1; 2013 c.768 §106a]
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[Repealed or reserved.]
ORS 190.520 Annual estimate of population of cities and counties by Portland State University; actual count. (1) Portland State University shall
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(a) Annually estimate the population as of July 1 of each city and county within the state and no later than December 15 of each year prepare a certificate of population showing the university’s estimate of the population of each city and county within the state as of July 1. The…
ORS 190.530 Revision of certificate; effect. Upon petition from a city, county, political subdivision, public corporation or state agency for reconsideration, or upon its own motion, Portland State University may revise its determination of the population of a city, county or other area. Payment of funds to a city, county or other area under ORS 323.455, 366.785 to 366.820 or 471.810 shall be affected by a subsequent filing of a corrected certificate under this section in the manner provided by ORS 190.620. [Formerly 221.855; 1963 c.312 §2; 1971 c.222 §2; 2013 c.768 §106c]
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[Repealed or reserved.]
ORS 190.540 Effect of certificate of population; use in computing shares of state revenues. (1) The population shown in the certificate of population filed pursuant to ORS 190.520 or 190.530 shall be the official population of the city, county or other area covered by the certificate until a later certificate covering such city, county or other area is filed by Portland State University
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(2) After a certificate of population is filed pursuant to ORS 190.520 or 190.530, the population of a city, county or other area as shown in the certificate shall be the official and exclusive basis for determining per capita allocation and payment of funds to such city, county …
ORS 190.550 [Formerly 221.865; repealed by 1965 c.207 §7]
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[Repealed or reserved.]
ORS 190.560 [Formerly 221.870; repealed by 1965 c.207 §7]
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[Repealed or reserved.]
ORS 190.570 [Formerly 221.875; repealed by 1965 c.207 §7]
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[Repealed or reserved.]
ORS 190.580 Standards for conduct of state census. Portland State University may adopt such standards as it considers desirable and expedient in the conduct of its duties under ORS 190.510 to 190.610. [Formerly 221.880; 2013 c.768 §106e]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 190.600 [Formerly 221.890; repealed by 1963 c.115 §2]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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
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(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 …
ORS 190.710 Definitions for ORS 190.710 to 190.800. As used in ORS 190.710 to 190.800
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(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 boa…
ORS 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
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(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]
ORS 190.730 Submission to regional office. The parties shall submit to the northwest regional office of the American Arbitration Association
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(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]
ORS 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]
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[Repealed or reserved.]
ORS 190.750 Selection of arbitrators. (1) Arbitrator candidates shall be selected from a list of candidates provided by the American Arbitration Association
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(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 prese…
ORS 190.760 Procedure during arbitration. (1) The arbitrator shall regulate the hearing in accordance with the rules of the American Arbitration Association except that
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(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 …
ORS 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]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 190.790 Relief; briefs; opinion; damages; filing of petition to confirm award. (1) The arbitrator may grant any relief deemed appropriate
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(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 t…
ORS 190.800 Vacation, modification and correction of award. A party may petition a court for vacation, modification or correction of an arbitration award under ORS 190.790 in the manner provided by ORS 36.705 and 36.710. The court may vacate an award only if there is a basis to vacate the award described in ORS 36.705 (1)(a) to (d). The court may modify or correct an award only for the grounds given in ORS 36.710. [1981 c.857 §11; 2003 c.598 §36]
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[Repealed or reserved.]
ORS 190.900 [1985 c.595 §4; renumbered 658.630 in 1987]
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