Chapter 431 — Chapter 431

ORS 431.510 Facilities and funds for local public health authorities. (1) The governing body of a county shall provide adequate quarters and facilities for the office and operations of a local public health authority and shall appropriate sufficient moneys for the administration of the local public health authority and the operation of the local health department administered by the local public health authority

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ORS 431.520 Disposal of public records. Public records, as defined in ORS 192.005, of local health departments and community mental health clinics may be destroyed or otherwise disposed of in accordance with rules prescribed by the State Archivist, except that public records may not be required to be maintained for more than seven years from the date of the last entry for purposes of preserving evidence for an action, suit or proceeding. [1969 c.446 §2; 1973 c.829 §32; 2015 c.736 §44]

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ORS 431.530 [1973 c.829 §9; 1977 c.582 §31; 2009 c.595 §565; repealed by 2015 c.736 §113]

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ORS 431.550 Power of Oregon Health Authority to collect information from local public health administrators. Nothing in ORS 431.380 to 431.510 and this section shall be construed to limit the authority of the Oregon Health Authority to require facts and statistics from local public health administrators on matters relating to the preservation of life and health of the people of this state. [1981 c.127 §3; 2009 c.595 §566; 2015 c.736 §45]

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ORS 431.575 [Formerly 431.607; renumbered 431A.050 in 2015]

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ORS 431.580 [2013 c.605 §1; renumbered 431A.055 in 2015]

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ORS 431.605 [1971 c.650 §44; repealed by 1973 c.358 §15]

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ORS 431.607 [1985 c.191 §1; 2009 c.595 §567; renumbered 431.575 in 2013]

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ORS 431.608 [1987 c.918 §9; repealed by 1997 c.546 §4]

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ORS 431.609 [1985 c.191 §2; 2009 c.595 §568; renumbered 431A.060 in 2015]

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ORS 431.610 [Amended by 1961 c.610 §4; renumbered 431.414]

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ORS 431.611 [1985 c.191 §4; 2009 c.595 §569; renumbered 431A.065 in 2015]

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ORS 431.613 [1985 c.191 §6; 2009 c.595 §570; 2011 c.703 §36; renumbered 431A.070 in 2015]

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ORS 431.615 [1971 c.650 §45; repealed by 1973 c.358 §15]

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ORS 431.617 [1985 c.191 §7; 2009 c.848 §5; renumbered 431A.075 in 2015]

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ORS 431.619 [1985 c.191 §8; 2009 c.595 §571; renumbered 431A.080 in 2015]

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ORS 431.620 [Repealed by 1961 c.610 §18]

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ORS 431.623 [1991 c.784 §1; 1999 c.1056 §6; 2009 c.595 §572; 2009 c.848 §1; 2011 c.703 §1; 2015 c.286 §1; renumbered 431A.085 in 2015]

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ORS 431.625 [1971 c.650 §46; repealed by 1977 c.582 §61 and 1977 c.751 §17a]

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ORS 431.627 [1991 c.784 §3; 2009 c.595 §573; renumbered 431A.090 in 2015]

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ORS 431.630 [Repealed by 1961 c.610 §18]

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ORS 431.633 [1991 c.784 §4; 2009 c.595 §574; 2009 c.848 §2; renumbered 431A.095 in 2015]

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ORS 431.635 [2009 c.848 §4; 2009 c.848 §4a; 2015 c.286 §2; renumbered 431A.100 in 2015]

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ORS 431.640 [Repealed by 1961 c.610 §18]

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ORS 431.650 [Repealed by 1961 c.610 §18]

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ORS 431.660 [Repealed by 1961 c.610 §18]

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ORS 431.670 [Repealed by 1961 c.610 §18]

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ORS 431.671 [2001 c.717 §1; 2009 c.595 §575; renumbered 431A.105 in 2015]

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ORS 431.673 [2013 c.339 §1; renumbered 431A.525 in 2015]

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ORS 431.675 [2013 c.339 §3; renumbered 431A.530 in 2015]

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ORS 431.678 [2013 c.313 §1; renumbered 431A.125 in 2015]

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ORS 431.680 [2005 c.551 §6; 2010 c.27 §2; 2010 c.62 §5; renumbered 431A.450 in 2015]

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ORS 431.690 [2009 c.450 §1; 2010 c.27 §1; 2010 c.62 §6; 2011 c.637 §270; renumbered 431A.455 in 2015]

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ORS 431.705 Definitions for ORS 431.705 to 431.760. As used in ORS 431.705 to 431.760, unless the context requires otherwise

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ORS 431.710 When Oregon Health Authority to initiate district formation or annexation. (1) ORS 431.705 to 431.760 shall not apply if the affected territory could be subject to an annexation proceeding under ORS 222.840 to 222.915

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ORS 431.715 Resolution requesting Oregon Health Authority to initiate formation or annexation. (1) The county court or local public health authority, as defined in ORS 431.003, having jurisdiction over the territory where conditions dangerous to the public health exist shall adopt a resolution requesting the Oregon Health Authority to initiate proceedings for the formation of a district or annexation of territory to, or delivery of appropriate water or sewer services by, an existing district without vote or consent in the affected territory. The resolution shall

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ORS 431.717 Compelling adoption of resolution. (1) Any person who may be adversely affected by the failure of a county court to adopt a resolution as required by ORS 431.715 (1) may seek to compel the adoption of such resolution through a writ of mandamus under ORS 34.105 to 34.240

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ORS 431.720 Commission to review certain plans; approval of plans. (1) Upon receipt of the documents submitted under ORS 431.715 (4), the Environmental Quality Commission shall review them to determine whether the conditions dangerous to public health within the affected territory could be removed or alleviated by the provision of service facilities that are subject to the jurisdiction of the commission

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ORS 431.725 Oregon Health Authority to review resolution; notice of hearing. (1) Upon receipt of the certified copy of a resolution adopted under ORS 431.715, the Oregon Health Authority shall contact the requesting body within 30 days of receipt of the request and schedule the review and investigation of conditions in the affected territory. The authority shall review and investigate conditions in the affected territory in accordance with the agreed upon schedule unless both parties agree to an extension. If it finds substantial evidence that a danger to public health exists in the territory, it shall issue an order setting a time and place for a hearing on the resolution. The hearing shall be held within the affected territory, or at a place near the territory if there is no suitable place within the territory at which to hold the hearing, not less than 30 or more than 50 days after the date of the order

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ORS 431.730 Conduct of hearing. (1) At the hearing on the resolution, any interested person shall be given a reasonable opportunity to be heard or to present written statements. The hearing shall be for the sole purpose of determining whether a danger to public health exists due to conditions in the affected territory and whether such conditions could be removed or alleviated by the provision of service facilities. Hearings under this section shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605. It shall be conducted in accordance with the provisions of ORS chapter 183. The Oregon Health Authority shall publish a notice of the issuance of said findings and recommendations in the newspaper utilized for the notice of hearing under ORS 431.725 (2) advising of the opportunity for presentation of a petition under subsection (2) of this section

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ORS 431.735 Director’s authority under ORS 431.705 to 431.760. (1) If the Director of the Oregon Health Authority after investigation finds that no danger to public health exists because of conditions within the affected territory, or that such a danger does exist but the conditions causing it could not be removed or alleviated by the provision of service facilities, the director shall issue an order terminating the proceedings under ORS 431.705 to 431.760 with reference to the affected territory

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ORS 431.740 Notice to boundary commission; service facilities to conform to plans and schedules. (1) If a boundary commission has jurisdiction of the affected territory, the Director of the Oregon Health Authority shall file the findings and order with such boundary commission. If the affected territory is not within the jurisdiction of a boundary commission, the director shall file the findings and order with the county court of the county having jurisdiction of the territory

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ORS 431.745 Petition for alternative plan. (1) At any time after the adoption of a resolution under ORS 431.715, a petition, signed by not less than 51 percent of the electors registered in the affected territory, may be filed with the Oregon Health Authority. The petition shall suggest an alternative plan to the proposed formation or annexation for removal or alleviation of the conditions dangerous to public health. The petition shall state the intent of the residents to seek annexation to an existing city or special district authorized by law to provide service facilities necessary to remove or alleviate the dangerous conditions. The petition shall be accompanied by a proposed plan which shall state the type of facilities to be constructed, a proposed means of financing the facilities and an estimate of the time required to construct such facilities and place them in operation

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ORS 431.750 Commission review of alternative plan; certification of alternative plan. (1) If the alternative plan submitted under ORS 431.745 (1) involves service facilities that are subject to the jurisdiction of the commission, the alternative plan shall be submitted to and reviewed by the Environmental Quality Commission and shall be approved or rejected by the commission within 30 days from the date of filing with the Oregon Health Authority. In reviewing the alternative plan, the commission shall consider whether, in its judgment, the plan contains a preferable alternative for the alleviation or removal of the conditions dangerous to public health. If the commission determines that the original plan provides the better and most expeditious method of removing or alleviating the dangerous conditions, it shall disapprove the alternative plan and inform the authority of its decision. The authority shall order the proceedings on the finding filed under ORS 431.740 to resume

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ORS 431.755 [1973 c.361 §11; repealed by 1975 c.266 §4 (431.756 enacted in lieu of 431.755)]

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ORS 431.756 Judicial review. Judicial review of orders under ORS 431.705 to 431.760 shall be as provided in ORS 183.480, 183.485, 183.490 and 183.500. [1975 c.266 §5 (enacted in lieu of 431.755)]

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ORS 431.760 Certain persons prohibited from participating in proceedings. (1) A person who owns property or resides within affected territory that is subject to proceedings under the provisions of ORS 431.705 to 431.760 shall not participate in an official capacity in any investigation, hearing or recommendation relating to such proceedings. If the Director of the Oregon Health Authority is such a person, the director shall so inform the Governor, who shall appoint another person to fulfill the duties of the director in any investigation, hearing or recommendation relating to the such proceeding

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ORS 431.805 [1983 c.358 §1; renumbered 431A.775 in 2015]

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ORS 431.810 [1983 c.358 §2; renumbered 431A.780 in 2015]

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ORS 431.815 [1983 c.358 §§3,4; repealed by 1999 c.108 §1]

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