justicedao/ipfs_state_laws huggingface dataset:
817-090-0095 Schedule of Penalties for Cleanable/Non-Absorbent Surfaces Violations The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection control laws and rules. This schedule applies, except at the discretion of the Office pursuant to ORS 676.992. For the 4th and subsequent offenses, the provisions of ORS 676.992 apply. (1) Failing to have cleanable, non-absorbent surfaces on all equipment in all areas of a facility where services are performed is a violation of OAR 817-010-0101(1): (a) 1st offense: $300; (b) 2nd offense: $500; (c) 3rd offense: $1000. (2) Failing to keep equipment in a facility, including upholstery fabrics, clean and in good repair is a violation of OAR 817-010-0101(3): (a) 1st offense: $300; (b) 2nd offense: $500; (c) 3rd offense: $1000. (3) Failing to have cleanable, non-absorbent floor surfaces in good repair in the area(s) of a facility where services are performed is a violation of OAR 817-010-0106(1): (a) 1st offense: $300; (b) 2nd offense: $500; (c) 3rd offense: $1000 Statutory/Other Authority: ORS 690.167, ORS 676.612, ORS 676.992 & ORS 676.615 Statutes/Other Implemented: ORS 690.167, ORS 676.612, ORS 676.992 & ORS 676.615 History: BOC 5-2019, amend filed 12/18/2019, effective 01/01/2020 BOC 2-2011, f. & cert. ef. 5-5-11 BOC 1-2006, f. & cert. ef. 3-15-06 BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04 BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00 BH 1-1996, f. 5-31-96, cert. ef. 7-1-96, Renumbered from 817-090-0030 BH 3-1994, f. 6-23-94, cert. ef. 7-1-94 BH 2-1990, f. & cert. ef. 10-29-90 BH 1-1988, f. & cert. ef. 7-1-88 BH 1-1985, f. & ef. 3-28-85
817-090-0100 Schedule of Penalties for Clean Conditions Violations The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection control laws and rules. This schedule applies, except at the discretion of the Office pursuant to ORS 676.992. For the 4th and subsequent offenses, the provisions of ORS 676.992 apply. (1) Failing to keep a restroom located on the premises of a facility clean and sanitary is a violation of OAR 817-010-0021(2): (a) 1st offense: $300; (b) 2nd offense: $500; (c) 3rd offense: $1000. (2) Failing to keep a facility shampoo bowl or sink clean is a violation of OAR 817-010-0101(2): (a) 1st offense: $300; (b) 2nd offense: $500; (c) 3rd offense: $1000. (3) Failing to keep roller-storage receptacles and their contents clean and free of foreign material is a violation of OAR 817-010-0075(2): (a) 1st offense: $300; (b) 2nd offense: $500; (c) 3rd offense: $1000. (4) Failing to keep storage drawers for clean tools and implements clean and to use such drawers only for clean tools and implements is a violation of OAR 817-010-0075(3): (a) 1st offense: $300; (b) 2nd offense: $500; (c) 3rd offense: $1000. (5) Failing to keep storage cabinets, work stations, vanities and backbars or other such equipment clean is a violation of OAR 817-010-0075(4): (a) 1st offense: $300; (b) 2nd offense: $500; (c) 3rd offense: $1000. (6) Allowing hair clippings to accumulate on a facility floor or failing to dispose of hair clippings in a covered container is a violation of OAR 817-010-0106(3): (a) 1st offense: $300; (b) 2nd offense: $500; (c) 3rd offense: $1000. (7) Failing to keep facility walls and ceiling clean and free of excessive spots, mildew, condensation or peeling paint is a violation of OAR 817-010-0110: (a) 1st offense: $300; (b) 2nd offense: $500; (c) 3rd offense: $1000. (8) Failing to properly clean and disinfect foot spa equipment as required is a violation of OAR 817-010-0101(5): (a) 1st offense: $500; (b) 2nd offense: $1000; (c) 3rd offense: $2500. Statutory/Other Authority: ORS 676.992, ORS 690.167, ORS 676.612 & ORS 676.615 Statutes/Other Implemented: ORS 676.992, ORS 690.167, ORS 676.612 & ORS 676.615 History: BOC 5-2019, amend filed 12/18/2019, effective 01/01/2020 BOC 1-2016, f. & cert. ef. 4-4-16 BOC 2-2011, f. & cert. ef. 5-5-11 BOC 1-2006, f. & cert. ef. 3-15-06 BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04 BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98 BH 1-1996, f. 5-31-96, cert. ef. 7-1-96, Renumbered from 817-090-0030 BH 3-1994, f. 6-23-94, cert. ef. 7-1-94 BH 2-1990, f. & cert. ef. 10-29-90 BH 1-1988, f. & cert. ef. 7-1-88 BH 1-1985, f. & cert. ef. 3-28-85
817-090-0105 Schedule of Penalties for Client Health and Safety Violations The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection control laws and rules. This schedule applies, except at the discretion of the Office pursuant to ORS 676.992. For the 4th and subsequent offenses, the provisions of ORS 676.992 apply. (1) Failing to use a neck strip or a towel to prevent contact between the skin of a client's neck and a hair cloth or cape is a violation of OAR 817-010-0040(1): (a) 1st offense: $300; (b) 2nd offense: $500; (c) 3rd offense: $1000. (2) Failing to use a disposable cover on the head of a client who is trying on a hairpiece or to clean and label used hair goods as "used" prior to resale is a violation of OAR 817-010-0085: (a) 1st offense: $300; (b) 2nd offense: $500; (c) 3rd offense: $1000. (3) Performing services without washing one's hands immediately before and after serving each client is a violation of OAR 817-015-0030(1): (a) 1st offense: $300; (b) 2nd offense: $500; (c) 3rd offense: $1000. (4) Failing to maintain client records for each client receiving esthetics services on the premises of the facility, or allow an enforcement officer access to review client records upon request is a violation of OAR 817-015-0065: (a) 1st offense: $300; (b) 2nd offense: $500; (c) 3rd offense: $1000. (5) Failing to maintain required documentation of any manual, mechanical or electrical apparatuses, appliances or devices, or to provide required documentation upon request is a violation of OAR 817-010-0065 or OAR 817-015-0025: (a) 1st offense: $300; (b) 2nd offense: $500; (c) 3rd offense: $1000. Statutory/Other Authority: ORS 676.615, ORS 690.167, ORS 676.612 & ORS 676.992 Statutes/Other Implemented: ORS 676.615, ORS 690.167, ORS 676.612 & ORS 676.992 History: BOC 3-2024, minor correction filed 05/01/2024, effective 05/01/2024 BOC 5-2019, amend filed 12/18/2019, effective 01/01/2020 BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14 BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12 BOC 1-2012(Temp), f. 3-1-12, cert. ef. 3-12-12 thru 9-1-12 BOC 4-2011(Temp), f. & cert. ef. 9-13-11 thru 3-11-12 BOC 2-2011, f. & cert. ef. 5-5-11 BOC 1-2006, f. & cert. ef. 3-15-06 BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04 BOC 1-2002, f. 5-31-02 cert. ef. 6-1-02 BOC 4-2001(Temp), f. & cert. ef. 11-1-01 thru 4-29-02 BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00 BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98 BH 1-1996, f. 5-31-96, cert. ef. 7-1-96, Renumbered from 817-090-0030 BH 3-1994, f. 6-23-94, cert. ef. 7-1-94 BH 2-1990, f. & cert. ef. 10-29-90 BH 1-1988, f. & cert. ef. 7-1-88 BH 1-1985, f. & cert. ef. 3-28-85
817-090-0110 Schedule of Penalties for Safe Working Conditions Violations The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection control laws and rules. This schedule applies, except at the discretion of the Office pursuant to ORS 676.992. For the 4th and subsequent offenses, the provisions of ORS 676.992 apply. (1) Failing to meet the requirements of the Oregon Indoor Clean Air Act is a violation of OAR 817-010-0007 and may result in an emergency suspension of the facility license until the violation is corrected. (2) Having frayed electrical wiring or overloading the electrical circuits in a facility is a violation of ORS 690.055(1)(c), and OAR 817-010-0007 and may result in an emergency suspension of the facility license until the violation is corrected. (3) Having pets or other animals in facilities, other than service animals recognized by the American with Disabilities Act, fish in an aquarium is a violation of OAR 817-010-0095. (a) 1st offense: $300; (b) 2nd offense: $500; (c) 3rd offense: $1000. (4) Failing to wear eye goggles, shields or mask in performing services on a client where the likelihood of splattering is present is a violation of OAR 817-015-0030(1)(c): (a) 1st offense: $300; (b) 2nd offense: $500; (c) 3rd offense: $1000. (5) Failing to have a restroom available that is "reasonably accessible" for facility employees is a violation of OAR 817-010-0021(1): (a) 1st offense: $300; (b) 2nd offense: $500; (c) 3rd offense: $1000 Statutory/Other Authority: ORS 690.167, ORS 676.612, ORS 676.992 & ORS 676.615 Statutes/Other Implemented: ORS 690.167, ORS 676.612, ORS 676.992 & ORS 676.615 History: BOC 4-2024, minor correction filed 05/01/2024, effective 05/01/2024 BOC 5-2019, amend filed 12/18/2019, effective 01/01/2020 BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14 BOC 2-2011, f. & cert. ef. 5-5-11 BOC 1-2006, f. & cert. ef. 3-15-06 BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04 BOC 1-2002, f. 5-31-02 cert. ef. 6-1-02 BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98 BH 1-1996, f. 5-31-96, cert. ef. 7-1-96, Renumbered from 817-090-0030 BH 3-1994, f. 6-23-94, cert. ef. 7-1-94 BH 2-1990, f. & cert. ef. 10-29-90 BH 1-1988, f. & cert. ef. 7-1-88 BH 1-1985, f. & cert. ef. 3-28-85
817-090-0115 Schedule of Penalties for Chemical Use and Storage Violations The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of chemical use and storage laws and rules. This schedule applies, except at the discretion of the Office pursuant to ORS 676.992. For the 4th and subsequent offenses, the provisions of ORS 676.992 apply. (1) Failing to store chemicals safely to avoid fire, explosion and/or bodily harm to clients and authorization holders is a violation of OAR 817-060-0020(3): (a) 1st offense: $300; (b) 2nd offense: $500; (c) 3rd offense: $1000. (2) Failing to mix chemicals in a dispensing area is a violation of OAR 817-060-0030(1): (a) 1st offense: $300; (b) 2nd offense: $500; (c) 3rd offense: $1000. (3) Mixing or using chemicals near an open flame or other potential source of ignition is a violation of OAR 817-060-0030(1): (a) 1st offense: $300; (b) 2nd offense: $500; (c) 3rd offense: $1000. (4) Having an open flame at the workstation, during any phase of chemical service, i.e. mixing, application, processing, or use of any potentially explosive or flammable chemical, in relation to performing services is a violation of OAR 817-060-0030(4)(d): (a) 1st offense: $300; (b) 2nd offense: $500; (c) 3rd offense: $1000. Statutory/Other Authority: ORS 690.167, ORS 676.612, ORS 676.992 & ORS 676.615 Statutes/Other Implemented: ORS 690.167, ORS 676.612 & ORS 676.992 History: BOC 5-2019, amend filed 12/18/2019, effective 01/01/2020 BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14 BOC 2-2011, f. & cert. ef. 5-5-11 BOC 1-2006, f. & cert. ef. 3-15-06 BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04 BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00 BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98 BH 1-1996, f. 5-31-96, cert. ef. 7-1-96, Renumbered from 817-090-0040 BH 3-1994, f. 6-23-94, cert. ef. 7-1-94 BH 1-1992, f. 6-1-92, cert. ef. 7-1-92 BH 2-1990, f. & cert. ef. 10-29-90 BH 1-1988, f. & cert. ef. 7-1-88 BH 1-1985, f. & cert. ef. 3-28-85
817-100-0005 Domestic Administration Domestic Administration under ORS 690.025(1) means a person providing services in a location where the client or person resides, and the services are provided only to persons who are related by blood, marriage, or domestic partnership. Statutory/Other Authority: ORS 690.025, ORS 690.165, ORS 690.205 & ORS 676.615 Statutes/Other Implemented: ORS 690.025, ORS 690.165 & ORS 690.205 History: BOC 5-2019, amend filed 12/18/2019, effective 01/01/2020 BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14 BOC 1-2006, f. & cert. ef. 3-15-06 BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04 BOC 2-2001, f. 2-16-01, cert. ef. 3-1-01 BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00 BH 1-1997, f. 7-22-97, cert. ef. 8-1-97 BH 1-1996, f. 5-31-96, cert. ef. 7-1-96 BH 3-1994, f. 6-23-94, f. & cert. ef. 7-1-94 BH 2-1990, f. & cert. ef. 10-29-90 BH 4-1984, f. & ef. 12-7-84
817-100-0100 Licensed Health Care Facility (1) Under ORS 690.025(1)(c) the provisions of ORS 690.005 to 690.235 do not apply to persons who are acting under the authority of a hospital or long-term care facility licensed under ORS 441.025 or a residential facility licensed under ORS 443.415. (2) Persons exempt under ORS 690.025(1)(c) are limited to providing well-being care and personal hygiene services, including, but not limited to, basic skin and nail care, and washing, brushing, and combing hair on individuals residing at the hospital or long-term care facility licensed under ORS 441.025 or the residential facility licensed under ORS 443.415. (3) Persons exempt under ORS 690.025(1)(c) are prohibited from providing chemical services, including but not limited to permanent waving and coloring of hair, temporary hair removal, and applying or removing artificial nails to individuals residing at the hospital or long-term care facility licensed under ORS 441.025 or the residential facility licensed under ORS 443.415. (4) Persons providing services in a facility established within a hospital or long-term care facility licensed under ORS 441.025 or a residential facility licensed under ORS 443.415 are required to obtain a facility license under OAR 817-007-0000 and OAR 817-007-0025 when services in a field of practice defined under ORS 690.005 are being performed whether or not the individual receiving the service is residing at the hospital, long-term care facility or residential facility. (5) For the purpose of this rule, residential facility means a facility licensed under ORS 443.415 and defined under OAR 411-054-0005(48). (6) For the purpose of this rule, a hospital or long-term care facility means a facility licensed under ORS 442.025 and defined ORS 442.015(13) and 442.015(16). Statutory/Other Authority: ORS 690.025 & ORS 676.615 Statutes/Other Implemented: ORS 690.025 History: BOC 1-2020, minor correction filed 04/24/2020, effective 04/24/2020 BOC 5-2019, adopt filed 12/18/2019, effective 01/01/2020
817-120-0005 Practice Standards (1) Authorization holders must adhere to all applicable Office laws and rules listed in ORS 676.560 to 676.660 and OAR Chapter 331 divisions 1 through 30. (2) Authorization holders must practice in a manner that safeguards the public's health, safety, and welfare. (3) An authorization holder is responsible for determining if any practice would be prohibited by law. (4) Services provided to clients by an authorization holder that are prohibited, unsafe, dangerous or causes harm may result in a violation of incompetence, negligence or unprofessional conduct pursuant to ORS 676.612(2)(j) and under Office rules. Statutory/Other Authority: ORS 676.605, ORS 676.615 & ORS 690.165 Statutes/Other Implemented: ORS 676.605, ORS 676.615 & ORS 690.165 History: BOC 5-2019, amend filed 12/18/2019, effective 01/01/2020 BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14 BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12 BOC 1-2012(Temp), f. 3-1-12, cert. ef. 3-12-12 thru 9-1-12 BOC 4-2011(Temp), f. & cert. ef. 9-13-11 thru 3-11-12 BOC 1-2006, f. & cert. ef. 3-15-06 BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04 Renumbered from 817-120-0010, BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00 BH 1-1996, f. 5-31-95, cert. ef. 7-1-96 BH 3-1994, f. 6-23-94, cert. ef. 7-1-94 BH 1-1988, f. & cert. ef. 7-1-88
818-001-0000 Notice of Proposed Rule Making Prior to the adoption, amendment, or repeal of any permanent rule, the Oregon Board of Dentistry shall give notice of the proposed adoption, amendment, or repeal: (1) By publishing a notice in the Secretary of State's Bulletin referred to in ORS 183.370 at least 21 days prior to the effective date. (2) By mailing, emailing or electronic mailing a copy of the notice to persons on the mailing list established pursuant to ORS 183.335(8) at least 28 days before the effective date of the adoption, amendment, or repeal. (3) By mailing, emailing or electronic mailing a copy of the notice to the following persons and publications: (a) Oregon Dental Hygienists’ Association; (b) Oregon Dental Assistants Association; (c) Oregon Association of Dental Laboratories; (d) Oregon Dental Association; (e) The Oregonian; (f) Oregon Health & Science University, School of Dentistry; (g) The United Press International; (h) The Associated Press; (i) The Capitol Building Press Room. Statutory/Other Authority: ORS 183, 192, 670 & 679 Statutes/Other Implemented: ORS 183.370 & 183.335(7) History: OBD 1-2021, amend filed 11/08/2021, effective 01/01/2022 OBD 2-2009, f. 10-21-09, cert. ef. 11-1-09 DE 1-1997, f. & cert. ef. 1-2-97 DE 1-1989, f. 1-27-89, cert. ef. 2-1-89 DE 1-1988, f. 12-28-88, cert. ef. 2-1-89 DE 11-1984, f. & ef. 5-17-84 DE 3-1982, f. & ef. 5-26-82 DE 2-1978, f. & ef. 5-4-78 DE 24, f. & ef. 12-2-75
818-001-0005 Model Rules of Procedure Pursuant to the provisions of ORS 183.341, the Oregon Board of Dentistry adopts the Attorney General’s Model Rules of Procedure under the Administrative Procedures Act current edition; these rules of procedure shall be controlling except as otherwise required by statute or rule. [ED. NOTE: The full text of the Attorney General's Model Rules of Procedure is available from the office of the Attorney General or the Board of Dentistry.] Statutory/Other Authority: ORS 183, 192, 670 & 679 Statutes/Other Implemented: ORS 183.341(1) History: OBD 2-2005, f. 1-31-05, cert. ef. 2-1-05 OBD 3-2000, f. & cert. ef. 6-2-00 OBD 1-2000, f. & cert. ef. 1-26-00 DE 1-1997, f. & cert. ef. 1-2-97 DE 1-1989, f. 1-27-89, cert. ef. 2-1-89 DE 1-1988, f. 12-28-88, cert. ef. 2-1-89 DE 4-1986, f. & ef. 5-23-86 DE 11-1984, f. & ef. 5-17-84 DE 3-1983, f. & ef. 10-19-83 DE 3-1981, f. & ef. 12-16-81 DE 1-1978, f. & ef. 4-27-78 DE 26, f. & ef. 2-6-76 DE 20, f. 12-19-73, ef. 1-11-74
818-001-0011 Time for Requesting a Contested Case Hearing A request for a contested case hearing must be in writing and must be received by the Board within twenty-one days from the date the contested case notice was served. Statutory/Other Authority: ORS 679.250 & 183.341 Statutes/Other Implemented: ORS 679.250 & 183.341 OL 1999 & Ch. 849 History: OBD 9-2001, f. & cert. ef. 1-8-01
818-001-0030 Award of Hearings Costs The Board may assess the following costs against a licensee disciplined by the Board: (1) Fee for service of complaint. (2) Fee for service of subpoenas. (3) Reporter fee for depositions and hearing including transcriptions. (4) Hearing officer’s fee. (5) Witness fees and mileage or other costs incurred in insuring the attendance of any witness. (6) Cost of Board counsel. Statutory/Other Authority: ORS 183, 192, 670 & 680 Statutes/Other Implemented: ORS 679.140(5)(h) History: OBD 15-2001, f. 12-7-01, cert. ef. 1-1-02 OBD 3-1999, f. 6-25-99, cert. ef. 7-1-99 DE 1-1989, f. 1-27-89, cert. ef. 2-1-89 DE 1-1988, f. 12-28-88, cert. ef. 2-1-89 DE 3-1986, f. & ef. 3-31-86 DE 11-1984, f. & ef. 5-17-84
818-001-0082 Access to Public Records (1) Public records not exempt from disclosure may be inspected during office hours at the Board office upon reasonable notice. (2) Copies of public records not exempt from disclosure may be purchased upon receipt of a written request. The Board may withhold copies of public records until the requestor pays for the copies. (3) The Board follows the Department of Administrative Service’s statewide policy (107-001-030) for fees in regards to public records request; in addition, the Board establishes the following fees: (a) $0.10 per name and address for computer-generated lists on paper; $0.20 per name and address for computer-generated lists on paper sorted by specific zip code; (b) Data files submitted electronically or on a device: (A) All Licensed Dentists — $50; (B) All Licensed Dental Hygienists and Dental Therapists — $50; (C) All Licensees — $100. (c) Written verification of licensure — $2.50 per name; and (d) Certificate of Standing — $20. Statutory/Other Authority: ORS 183, 192, 670 & 679 Statutes/Other Implemented: ORS 192.420, 192.430 & 192.440 History: OBD 1-2022, amend filed 06/21/2022, effective 07/01/2022 OBD 1-2021, amend filed 11/08/2021, effective 01/01/2022 OBD 2-2018, amend filed 10/04/2018, effective 01/01/2019 OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17 OBD 3-1999, f. 6-25-99, cert. ef. 7-1-99 DE 2-1991, f. & cert. ef. 12-31-91 DE 1-1991(Temp), f. 8-5-91, cert. ef. 8-15-91 DE 1-1990, f. 3-19-90, cert. ef. 4-2-90 DE 1-1989, f. 1-27-89, cert. ef. 2-1-89, Renumbered from 818-001-0080 DE 1-1988, f. 12-28-88, cert. ef. 2-1-89 DE 11-1984, f. & ef. 5-17-84
818-001-0083 Relief from Public Disclosure Upon the receipt of a written request of an individual who has been disciplined by the Oregon Board of Dentistry, the Board shall remove from its website, and other publicly accessible print and electronic publications under the Board’s control, all information related to disciplining the individual under ORS 679.140 and any findings and conclusions made by the Board during the disciplinary proceeding, if: (1) The request is made 10 years or more after the date on which any disciplinary sanction ended; (2) The individual was not disciplined for financially or physically harming a patient as determined by the Board; (3) The individual informed the Board of the matter for which the individual was disciplined before the Board received information about the matter or otherwise had knowledge of the matter; (4) The individual making the request, if the individual is or was a licensee, has not been subjected to other disciplinary action by the Board following the imposition of the disciplinary sanction; and (5) The individual fully complied with all disciplinary sanctions imposed by the Board. Statutory/Other Authority: HB 4095 (2016) History: OBD 1-2016, f. 10-25-16, cert. ef. 11-1-16
818-001-0090 Board Member Compensation (1) Board members of the Oregon Board of Dentistry, who are authorized by law to receive compensation for time spent in performance of their official duties, shall receive compensation based on the amount fixed for the standard per diem allowance for the Continental United States which has been authorized by the United States Internal Revenue Service for each day or portion of each day during which the Board member is actually engaged in the performance of official duties. This compensation amount shall be in addition to the reimbursement of travel expenses per Oregon Statewide Travel Policy OAM 40.10.00 PO. (2) No Board member shall be required to accept compensation or reimbursement of travel expenses while performing their official duties as a Board member. Statutory/Other Authority: ORS 679.230 Statutes/Other Implemented: HB 2058 & OL Ch. 535 (2009 Laws) History: OBD 2-2009, f. 10-21-09, cert. ef. 11-1-09
818-005-0040 Agency Representation (1) Subject to the approval of the Attorney General, an officer or employee of the Board, designated by the Executive Director, is authorized to appear on behalf of the Board in contested case hearings conducted pursuant to these rules. (2) Board officers, employees, or other authorized personnel may not present legal argument as defined under OAR 137-003-0008 on behalf of the Board in contested case hearings conducted pursuant to these rules. (3) When the Board determines it is necessary to consult with the Attorney General's office, the Administrative Law Judge will provide a reasonable period of time for a Board’s representative to consult with the Attorney General's office and to obtain either written or oral legal argument or advice, if necessary. Statutory/Other Authority: ORS 181.534, 676.303 & 679.253 Statutes/Other Implemented: ORS 676.303 & 181.534 History: OBD 4-2011, f. & cert. ef. 11-15-11