Chapter 835 — Chapter 835

ORS 835.005 Definitions. As used in this chapter and ORS chapters 836 and 837, unless the context requires otherwise

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ORS 835.009 [1993 c.741 §92b; repealed by 2001 c.378 §1]

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ORS 835.010 [Formerly 491.005; repealed by 1993 c.741 §147]

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ORS 835.015 Development of aviation. The State Aviation Board with the advice of the Oregon Department of Aviation shall incorporate as part of its program a definite plan for the development of airports, state airways, airplane industries and aviation generally. It shall through the department cooperate with and assist the federal government, the municipalities of the state, and other persons in the development of aviation activities. Municipalities are authorized to cooperate with the department in the development of aviation and aviation facilities in this state, and shall notify the department of, and allow the department to participate in an advisory capacity in, all municipal airport or aviation system planning. [Formerly 491.050]

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ORS 835.017 Provision of central business operating services by Department of Transportation; rules. (1) At the Director of the Oregon Department of Aviation’s request, the Department of Transportation shall provide any of the following central business operating services for the Oregon Department of Aviation

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ORS 835.020 Contracts. Subject to ORS 835.017, the Director of the Oregon Department of Aviation may enter into any contracts authorized by the State Aviation Board and necessary to the execution of the powers granted by this chapter. All contracts made by the director, either as the agent of the state or as the agent of any municipality, shall be made pursuant to the laws of the state governing the making of like contracts; however, where the planning, acquisition, construction, improvement, maintenance or operation of any airport, or any navigation facility is financed wholly or in part with federal money, the director as the agent of the state or any municipality may let contracts in the manner prescribed by the federal authorities acting under the laws of the United States and any rules or regulations made thereunder. [Formerly 491.060; 2011 c.630 §30]

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ORS 835.025 Use and administration of federal and other moneys. The Director of the Oregon Department of Aviation as authorized by the State Aviation Board may accept, receive, receipt for, disburse and expend federal moneys and other moneys, public or private, made available to accomplish in whole or in part the acquisition, construction, improvement, maintenance and operation of airports, and other aviation facilities in this state. All federal moneys accepted under this section and ORS 836.070 shall be accepted and transferred or expended upon such terms and conditions as are prescribed by the United States. All moneys received pursuant to this section and ORS 836.070 shall be deposited in the State Treasury and, unless otherwise prescribed by the authority from which such moneys were received, shall be kept in separate funds designated according to the purposes for which the moneys were made available, and held by the state in trust for such purposes. All such moneys are continuously appropriated to the department for the purposes for which the same were made available, to be disbursed or expended in accordance with the terms and conditions upon which they were made available. [Formerly 491.070; 2005 c.755 §57]

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ORS 835.030 Employment of personnel. So far as is possible, all employees of the Oregon Department of Aviation shall be situated in the same building. [Formerly 491.090; 1993 c.741 §90a; 1999 c.935 §33]

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ORS 835.035 General board powers; rules; United States facilities exempt from board orders. (1) Subject to ORS 835.017, the State Aviation Board may perform such acts, adopt or amend and issue such orders, rules and regulations, and make, promulgate and amend such minimum standards, all consistent with the provisions of this chapter, as it considers necessary to carry out the provisions of this chapter and to perform its duties thereunder

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ORS 835.040 Limitations on rules and regulations. All rules and regulations prescribed by the State Aviation Board under authority of the aviation laws of this state shall be kept in conformity with, and limited to, as nearly as may be, the then current federal legislation governing aviation, the regulations duly promulgated thereunder, and rules and standards issued from time to time pursuant thereto. [Formerly 491.110]

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ORS 835.045 [Formerly 491.120; 1995 c.79 §384; 1995 c.655 §10; 1999 c.935 §34; renumbered 835.205 in 1999]

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ORS 835.050 [Formerly 491.130; repealed by 1995 c.79 §385]

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ORS 835.055 [Formerly 491.140; 1993 c.741 §91; repealed by 1999 c.935 §39]

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ORS 835.060 State Aviation Account; appropriation; use. (1) All fees and other moneys received by the Oregon Department of Aviation under ORS chapter 835, 836 or 837, except moneys received under the provisions of ORS 835.025 and 836.070, shall be paid into the State Treasury monthly. The State Treasurer shall credit such payments to the State Aviation Account in the General Fund. Moneys in the account are continuously appropriated to the department for the purpose of carrying out the provisions of this chapter. None of the funds in this section appropriated or hereafter made available for aviation purposes shall be expended upon any aviation project that is not carried out under the supervision and direction of the State Aviation Board. Fees paid into the account pursuant to ORS 837.045 shall be expended only for airport maintenance and capital construction and for payment of expenses of air search and rescue

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ORS 835.065 Audit and payment of expenses. All expenses of the Oregon Department of Aviation incurred in carrying out the provisions of this chapter are open to inspection and audit by the Secretary of State and must be paid from the State Aviation Account in the same manner as other claims against the state are paid, after approval of the expenses by the Director of the Oregon Department of Aviation, or as provided by law. [Formerly 491.160; 2011 c.222 §3]

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ORS 835.070 Accounts. The Director of the Oregon Department of Aviation shall keep a true and accurate account of all sums received and of vouchers issued by the Oregon Department of Aviation. [Formerly 491.170]

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ORS 835.075 [Formerly 491.190; 1997 c.263 §1; renumbered 401.555 in 1997]

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ORS 835.080 [1995 c.655 §7; renumbered 835.200 in 1999]

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ORS 835.085 [1995 c.655 §8; renumbered 835.210 in 1999]

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ORS 835.100 Oregon Department of Aviation; director. (1) The Oregon Department of Aviation is established

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ORS 835.102 State Aviation Board; members. (1) There is established the State Aviation Board consisting of seven members appointed by the Governor, subject to confirmation by the Senate pursuant to ORS 171.562 and 171.565. The Governor shall appoint members of the board in compliance with all of the following

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ORS 835.104 Board officers; quorum; meetings. (1) The Governor shall appoint one member of the State Aviation Board as chairperson and another member as vice chairperson. The chairperson and vice chairperson shall have such terms, duties and powers as the board determines are necessary for the performance of such offices

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ORS 835.106 Director of Oregon Department of Aviation; appointment; duties and powers. (1) The Governor shall appoint the Director of the Oregon Department of Aviation, subject to confirmation by the Senate pursuant to ORS 171.562 and 171.565, who holds office at the pleasure of the Governor

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ORS 835.108 Director’s salary; expense reimbursement. The Director of the Oregon Department of Aviation shall receive such salary as may be provided by law or as fixed by the State Aviation Board. In addition to salaries, the director, or any deputy directors or assistant directors, subject to the limitations otherwise provided by law, shall be reimbursed for all reasonable expenses necessarily incurred in the performance of official duties. [1999 c.935 §4]

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ORS 835.110 Oaths, depositions and subpoenas. The Director of the Oregon Department of Aviation and specially authorized representatives of the director may administer oaths, take depositions and issue subpoenas to compel the attendance of witnesses and the production of documents or other written information necessary to carry out the functions of the department. If any person fails to comply with a subpoena issued under this section or refuses to testify on matters on which the person lawfully may be interrogated, the procedure set out in ORS 183.440 shall be followed to compel obedience. [1999 c.935 §6]

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ORS 835.112 Rules. In accordance with applicable provisions of ORS chapter 183, the Director of the Oregon Department of Aviation may adopt rules necessary for the administration of the laws that the department is charged with administering. [1999 c.935 §5]

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ORS 835.114 Exception to rulemaking authority. Except as required under ORS 197.180, the Oregon Department of Aviation may not adopt any rules intended primarily to implement ORS chapter 197, 197A, 215 or 227. The department shall comply with the land use planning goals and guidelines adopted under ORS 197.225 and rules adopted under ORS 197.040. The department may make recommendations to the Department of Land Conservation and Development regarding land use issues. [1999 c.935 §38a]

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ORS 835.200 Rules for operation and safety. (1) The State Aviation Board, pursuant to ORS 835.035 and utilizing the definitions contained in ORS 830.005

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ORS 835.205 Seaplane regulation. For purposes of ORS 830.175, 830.180, 830.185, 830.187 and 830.195, the Oregon Department of Aviation, in cooperation with the State Marine Board, shall regulate boats that are seaplanes as provided in ORS 830.605 and 835.200. [Formerly 835.045; 2003 c.14 §505; 2013 c.186 §6]

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ORS 835.210 Application by political subdivision for special regulation. (1) The governing body of a political subdivision of this state may apply to the State Aviation Board for special regulations relating to the operations of seaplanes on waters within the territorial limits of the political subdivision. These regulations may include, but need not be limited to, the establishment of limits on the areas of operations, hours and time of operations, and the prohibition of seaplane landings and takeoffs. Within a reasonable time, the board shall act upon the application in accordance with ORS chapter 183

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