justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 460 — Elevators; Amusement Rides

ORS 460.310. Definitions for ORS 460.310 to 460.370. As used in ORS 460.310 to 460.370, unless the context requires otherwise: (1) Amusement devices means a structure, electrical or mechanical contrivance or combination thereof which is intended to supply revenue to the owner or operator of the device by providing or offering to provide amusement, pleasures, thrills or excitement at carnivals, fairs or amusement parks. Amusement device does not include games, concessions and associated structures. (2) Amusement ride means any vehicle, boat or other mechanical device except water slides moving upon or within a flow perimeter or structure, along cables, rails or ground, through the air by centrifugal force or otherwise, or across water, that is used to convey one or more individuals for amusement, entertainment, diversion or recreation. The term amusement ride includes, but is not limited to: (a) Rides commonly known as Ferris wheels, carousels, parachute towers, bungee jumping, tunnels of love and roller coasters. (b) Equipment generally associated with winter sports activities, such as ski lifts, ski tows, j-bars, t-bars, ski mobiles, chair lifts and aerial tramways. (c) Equipment not originally designed to be used as an amusement ride, such as cranes or other lifting devices, when used as part of an amusement ride or device. (3) Amusement ride inspector means an employee or representative of a casualty insurance company or companies who is qualified and regularly employed or otherwise authorized by the insurance company to inspect amusement rides and devices for safety. (4) Department means the Department of Consumer and Business Services. (5) Director means the Director of the Department of Consumer and Business Services. (6) Water slide means a recreational device designed to provide a descending ride on a flowing water film into a splash down pool at the base of the slide.
ORS Chapter 460 — Elevators; Amusement Rides

ORS 460.320. Permit and insurance required; notice of termination of insurance; rules. (1) No person shall: (a) Operate an amusement ride or device without a valid operation permit therefor issued under ORS 460.330, or allow an amusement ride or device owned, leased, controlled or managed by the person to be so operated. (b) Operate an amusement ride or device without first having obtained insurance from a company authorized to transact insurance in this state or an eligible surplus lines insurer as defined in ORS 735.405. The insurance policy shall insure the public and all persons riding or otherwise in contact with the ride or device against loss or injury, in an amount not less than $1 million per occurrence and an aggregate total of not less than $2 million. (2) Whenever an insurance company notifies its insured that it will no longer insure an amusement ride or device, or that insurance on a ride or device is no longer in force, the insurance company shall also notify the Department of Consumer and Business Services, in a form and manner prescribed by rule by the department, of the description or identification number of the ride or device for which insurance is canceled or suspended or is not to be renewed.
ORS Chapter 460 — Elevators; Amusement Rides

ORS 460.330. Application for and issuance of permit; fees; rules. (1) An application for an operating permit to operate an amusement ride or device shall be made on an annual basis by the person owning the ride or device or the persons agent or lessee. The application shall be on forms provided by the Department of Consumer and Business Services. (2) An application for an annual operating permit shall include an inspection report by an amusement ride inspector employed or otherwise authorized to inspect by the insurance carrier insuring the ride or device. The inspector shall indorse upon the application any restrictions and conditions that, in the inspectors judgment, should be imposed upon the operation of the amusement ride or device to protect human life and property. In addition, the inspector shall indicate whether the amusement ride or device: (a) Meets the underwriters standards; (b) Meets safety standards approved by ASTM International; and (c) Is assembled and operated in compliance with the manual supplied by the manufacturer of the ride or device. (3) The inspection shall be performed no more than 90 days prior to the issuance or renewal date of the permit. The department may issue a temporary renewal permit without the required inspection report, allowing continued operation of a previously inspected ride or device if it appears to the department that the owner or operator has attempted to obtain an inspection, but inspection services are temporarily unavailable. (4) An application shall include the name of the insurance carrier and the number of the insurance policy insuring the ride or device as required by ORS 460.320 (1)(b). (5) The department shall disapprove and reject an application for a permit if it determines that the: (a) Owner or lessee of the amusement ride or device is not insured as required by ORS 460.320 (1)(b); (b) Operation does not meet safety standards as guided by the safety standards approved by ASTM International; (c) Amusement ride or device is not assembled and operated in compliance with the manual supplied by the manufacturer; or (d) Operation may endanger human life or property. (6) Upon approval of an application and payment of fees as prescribed by rule, the department shall issue a permit authorizing operation of the amusement ride or device.
ORS Chapter 460 — Elevators; Amusement Rides

ORS 460.340. Duration of permit. Permits issued under ORS 460.330 are valid until the amusement ride or device is materially rebuilt or materially modified so as to change the original action of the said amusement ride or device, but in no case for longer than one year after the date of issuance as follows: (1) If an amusement ride or device is altered so as to change the original action of the said amusement ride or device, such amusement ride or device shall be subject to a new inspection and shall apply for a new permit under ORS 460.330. (2) If an amusement ride or device is moved and installed in another place but is not altered so as to change the original action of the said amusement ride or device, no new permit shall be required; provided, however, a permit has been issued previously under ORS 460.330 and has not been operative for longer than a one-year period.
ORS Chapter 460 — Elevators; Amusement Rides

ORS 460.345. Expiration of permits. Subject to ORS 460.340, the expiration date of the amusement ride or device operating permits shall be one year from the original date of issuance and thereafter on the anniversary date of issuance. [Formerly
ORS Chapter 460 — Elevators; Amusement Rides

ORS 460.350. Enforcing compliance with law. (1) In addition to the inspections required under ORS 460.330, the Department of Consumer and Business Services may cause an amusement ride or device to be inspected at any reasonable time to insure compliance with ORS 460.310 to 460.370. (2) The department may deny, suspend or revoke a permit at any time if, in its judgment, the amusement ride or device for which the permit was issued is not installed or being operated in compliance with ORS 460.310 to 460.370. (3) The department may disconnect an unlawfully installed or operated amusement ride or device from its source of power at any time and prevent its use until the amusement ride or device is brought into compliance with ORS 460.310 to
ORS Chapter 460 — Elevators; Amusement Rides

ORS 460.352. Grounds for cancellation, suspension or revocation of permit. Subject to the provisions of ORS chapter 183, the Department of Consumer and Business Services shall cancel, revoke or suspend the operating permit for any person who fails to comply with the minimum safety standards provided by ORS 460.310 to 460.370. [Formerly
ORS Chapter 460 — Elevators; Amusement Rides

ORS 460.355. Rules; required standards of care; exemption of regulated or inspected rides or devices. (1) In adopting rules pursuant to ORS 460.360 (1), applicable to equipment mentioned in ORS 460.310 (2)(b), the Department of Consumer and Business Services shall be guided by the safety standards approved by ASTM International. (2) The owner or operator shall be deemed not a common carrier; however, such owner or operator shall exercise the highest degree of care for the safety of users. (3) If the department finds that the United States Forest Service or other agency of government has jurisdiction over and regulates and provides inspection of the equipment mentioned in ORS 460.310 (2)(b) pursuant to promulgated safety standards not lower than provided by ORS 460.310 to 460.370, it shall by its rules exempt operators from the requirements of ORS 460.310 to 460.370. (4) The department shall adopt rules to: (a) Govern the issuance, renewal, suspension and revocation of permits and certificates of competency issued under ORS 460.310 to 460.370. (b) Govern the internal organization and procedure of the department for administering and enforcing ORS 460.310 to 460.370. (c) Govern reports by the departments staff of amusement ride inspectors on amusement rides or devices inspected by them. (d) Set permit fees sufficient to pay but not to exceed the departments costs of carrying out the amusement ride program. (5) In adopting rules under this section, the department shall consider: (a) Technological advances in the amusement ride industry. (b) The practicability of following the standards under consideration, if adopted. (c) The probability, extent and gravity of the injury to the public or property that would result from failure to follow the standards under consideration. (d) Safety standards followed, proposed or approved by responsible members of the amusement ride industry and by ASTM International.
ORS Chapter 460 — Elevators; Amusement Rides

ORS 460.360. Rules; applicability of Administrative Procedures Act. (1) The Department of Consumer and Business Services shall, in compliance with ORS chapter 183, make, amend, repeal, promulgate and enforce rules to carry out ORS
ORS Chapter 460 — Elevators; Amusement Rides

ORS 460.370. Deposit of fees. All moneys from fees collected by the Department of Consumer and Business Services under ORS 460.310 to 460.370 shall be paid into the Consumer and Business Services Fund created by ORS 705.145 and are continuously appropriated to the department for use as provided in ORS 455.022.
ORS Chapter 460 — Elevators; Amusement Rides

ORS 460.410. [1981 c.566 12; 1985 c.705 8; 1993 c.164 8; renumbered 460.345 in 2001] PENALTIES
ORS Chapter 460 — Elevators; Amusement Rides

ORS 460.990. Penalties. (1) Violation of any of the provisions of ORS 460.005 to 460.175 is a Class C misdemeanor. (2) Violation of any provisions of ORS 460.310 to 460.370 is a Class B misdemeanor. [Subsection (2) enacted as 1959 c.619 10; 1961 c.427 25; subsection (1) enacted as 1961 c.427 21; 1985 c.705 9; 2011 c.597 204] _______________
ORS Chapter 469 — Energy; Conservation

ORS 469.010. Policy. The Legislative Assembly finds and declares that: (1) Continued growth in demand for nonrenewable energy forms poses a serious and immediate, as well as future, problem. It is essential that future generations not be left a legacy of vanished or depleted resources, resulting in massive environmental, social and financial impact. (2) It is the goal of Oregon to promote the efficient use of energy resources and to develop permanently sustainable energy resources. The need exists for comprehensive state leadership in energy production, distribution and utilization. It is, therefore, the policy of Oregon: (a) That development and use of a diverse array of permanently sustainable energy resources be encouraged utilizing to the highest degree possible the private sector of our free enterprise system. (b) That through state government example and other effective communications, energy conservation and elimination of wasteful and uneconomical uses of energy and materials be promoted. This conservation must include, but not be limited to, resource recovery and materials recycling. (c) That the basic human needs of every citizen, present and future, shall be given priority in the allocation of energy resources, commensurate with perpetuation of a free and productive economy with special attention to the preservation and enhancement of environmental quality. (d) That state government assist every citizen and industry in adjusting to a diminished availability of energy. (e) That energy-efficient modes of transportation for people and goods shall be encouraged, while energy-inefficient modes of transportation shall be discouraged. (f) That cost-effectiveness be considered in state agency decision-making relating to energy sources, facilities or conservation, and that cost-effectiveness be considered in all agency decision-making relating to energy facilities. (g) That state government shall provide a source of impartial and objective information in order that this energy policy may be enhanced.
ORS Chapter 469 — Energy; Conservation

ORS 469.020. Definitions. As used in ORS 176.820, 469.010 to 469.155, 469.860 (3), 469.880 to 469.895,
ORS Chapter 469 — Energy; Conservation

ORS 469.030. State Department of Energy; duties. (1) There is created the State Department of Energy. (2) The State Department of Energy shall: (a) Be the central repository within the state government for the collection of data on energy resources; (b) Endeavor to utilize all public and private sources to inform and educate the public about energy problems and ways in which the public can conserve energy resources; (c) Engage in research, but whenever possible, contract with appropriate public or private agencies and dispense funds for research projects and other services related to energy resources, except that the State Department of Energy shall endeavor to avoid duplication of research whether completed or in progress; (d) Qualify for, accept and disburse or utilize any private or federal moneys or services available for the administration of ORS 176.820, 192.338, 192.345, 192.355, 192.690, 469.010 to 469.155, 469.300 to 469.563, 469.990, 757.710 and 757.720; (e) Administer federal and state energy allocation and conservation programs and energy research and development programs and apply for and receive available funds therefor; (f) Be a clearinghouse for energy research to which all agencies shall send information on all energy related research; (g) Prepare contingent energy programs to include all forms of energy not otherwise provided pursuant to ORS 757.710 and 757.720; (h) Maintain an inventory of energy research projects in Oregon and the results thereof; (i) Collect, compile and analyze energy statistics, data and information; (j) Contract with public and private agencies for energy activities consistent with ORS 469.010 and this section; (k) Upon request of the governing body of any affected jurisdiction, coordinate a public review of a proposed transmission line according to the provisions of ORS
ORS Chapter 469 — Energy; Conservation

ORS 469.040. Director; duties; appointment; rules. (1) The State Department of Energy shall be under the supervision of the Director of the State Department of Energy, who shall: (a) Supervise the day-to-day functions of the State Department of Energy; (b) Supervise and facilitate the work and research on energy facility siting applications at the direction of the Energy Facility Siting Council; (c) Hire, assign, reassign and coordinate personnel of the State Department of Energy, prescribe their duties and fix their compensation, subject to the State Personnel Relations Law; and (d) Adopt rules and issue orders to carry out the duties of the director and the State Department of Energy in accordance with ORS chapter 183 and the policy stated in ORS 469.010. (2) The director may delegate to any officer or employee the exercise and discharge in the directors name of any power, duty or function of whatever character vested in the director by law. The official act of any person acting in the directors name and by the directors authority shall be considered an official act of the director. (3) The director shall be appointed by the Governor, subject to confirmation by the Senate in the manner provided by ORS 171.562 and 171.565.
ORS Chapter 469 — Energy; Conservation

ORS 469.050. Limitations on subsequent employment of director; sanctions. (1) A person who has been the Director of the State Department of Energy shall not, within two years after the person ceases to be the director, be an employee of: (a) An owner or operator of an energy facility; (b) An applicant for a site certificate; or (c) Any person who engages in the sale or manufacture of any energy resource or of any major component of an energy facility in Oregon. (2) Employment of any individual in violation of subsection (1)(a) or (b) of this section shall be grounds for the revocation of any license issued by this state or any agency thereof and held by the person that employs such individual. [1975 c.606 6,7]
ORS Chapter 469 — Energy; Conservation

ORS 469.055. Authority of department to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the State Department of Energy may require the fingerprints of a person who: (1)(a) Is employed or applying for employment by the department; or (b) Provides services or seeks to provide services to the department as a contractor or volunteer; and (2) Is, or will be, working or providing services in a position: (a) In the Hanford nuclear safety program; (b) In which the person conducts energy audits in schools, colleges, universities or medical facilities; (c) In the budget and finance section of the department; (d) That has personnel or human resources functions as one of the positions primary responsibilities; (e) In which the person is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems; (f) In which the person has access to personal information about employees or members of the public including Social Security numbers, dates of birth, driver license numbers or criminal background information; or (g) In which the person has access to tax or financial information about individuals or business entities or processes tax credits. [2005 c.730 7] Note:
ORS Chapter 469 — Energy; Conservation

ORS 469.059. Biennial comprehensive report; contents; compilation; public comment. (1) No later than November 1 of every even-numbered year, the State Department of Energy shall transmit to the Governor and the Legislative Assembly a comprehensive report on energy resources, policies, trends and forecasts in Oregon. The purposes of the report shall be to inform local, state, regional and federal energy policy development, energy planning and energy investments, and to identify opportunities to further the energy policies stated in ORS 469.010 and 469.310. (2) Consistent with the legislatively approved budget, the report shall include, but need not be limited to, data and information on: (a) The consumption, generation, transmission and production of energy, including fuel energy; (b) Energy costs; (c) Energy sectors, markets, technologies, resources and facilities; (d) Energy efficiency and conservation; (e) The effects of energy use, including effects related to greenhouse gas emissions; (f) Local, state, regional and federal regulations, policies and planning activities related to energy; and (g) Emerging energy opportunities, challenges and impacts. (3) The report may include, but need not be limited to: (a) Recommendations for the development and maximum use of cost-effective conservation methods and renewable resources, consistent with the energy policies stated in ORS 469.010 and 469.310 and, where appropriate, the energy plan and fish and wildlife program adopted by the Pacific Northwest Electric Power and Conservation Planning Council pursuant to P.L. 96-501; and (b) Recommendations for proposed research, development and demonstration projects and programs necessary to further the energy policies stated in ORS 469.010 and
ORS Chapter 469 — Energy; Conservation

ORS 469.080. Energy resource information; subpoena power; depositions; limitations on obtaining information; protection from abuse. (1) The Director of the State Department of Energy may obtain all necessary information from producers, suppliers and consumers of energy resources within Oregon, and from political subdivisions in this state, as necessary to carry out ORS 176.820, 192.338, 192.345, 192.355, 192.690, 469.010 to 469.155, 469.300 to 469.563, 469.990,
ORS Chapter 469 — Energy; Conservation

ORS 469.085. Procedure for imposing civil penalties; rules. (1) Except as otherwise provided in this section, civil penalties under ORS 469.992 shall be imposed as provided in ORS 183.745. (2) Notwithstanding ORS 183.745 (2), the notice to the person against whom a civil penalty is to be imposed shall reflect a complete statement of the consideration given to the factors listed in subsection (7) of this section. The notice may be served by either the Director of the State Department of Energy or the Energy Facility Siting Council. (3) Notwithstanding ORS 183.745, if a hearing is not requested or if the person requesting a hearing fails to appear, a final order shall be entered upon a prima facie case made on the record of the agency. (4) The provisions of this section are in addition to and not in lieu of any other penalty or sanction provided by law. An action taken by the director or the council under this section may be joined by the director or the council with any other action against the same person under this chapter. (5) Any civil penalty recovered under this section shall be paid into the General Fund. (6) The director or the council shall adopt by rule a schedule of the amount of civil penalty that may be imposed for a particular violation. (7) In imposing a penalty under ORS 469.992, the director or the council shall consider: (a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct or prevent any violation; (b) Any prior violations of ORS chapter 469 or rules, orders or permits relating to the alleged violation; (c) The impact of the violation on public health and safety or public interests in fishery, navigation and recreation; (d) Any other factors determined by the director or the council to be relevant; and (e) The alleged violators cooperativeness and effort to correct the violation. (8) The penalty imposed under ORS 469.992 may be remitted or mitigated upon such terms and conditions as the director or council determines to be proper. Upon the request of the person incurring the penalty, the director or council shall consider evidence of the economic and financial condition of the person in determining whether a penalty shall be remitted or mitigated.
ORS Chapter 469 — Energy; Conservation

ORS 469.090. Confidentiality of information submitted under ORS 469.080. (1) Information furnished under ORS 469.080 shall be confidential and maintained as such, if so requested by the person providing the information, if the information meets one of the following requirements: (a) The information is proprietary in nature; or (b) The information consists of geological and geophysical information and data, including maps, concerning oil, gas or geothermal resource wells. (2) Nothing in this section prohibits the use of confidential information to prepare statistics or other general data for publication, so presented as to prevent identification of particular persons.
ORS Chapter 469 — Energy; Conservation

ORS 469.097. Duty to monitor industry progress in energy conservation. The State Department of Energy shall to the extent permitted by its resources monitor industry progress in achieving energy conservation.