ORS Chapter 455 — Building Code

ORS 455.042. section for the purpose of ensuring adequate staff and resources as provided under ORS 455.192. Any board employees utilized to carry out an agreement under this section shall remain employees of the board without loss of seniority or reduction in pay or benefits, but the agreement may provide for the department to retain control over the final work product of the employees. An agreement under this section may not be used to avoid any provision of a collective bargaining agreement. (4) An interagency agreement under this section may provide for: (a) Good faith cooperation between the board and the department to enable the board and the department to carry out their respective duties under law or under the agreement; (b) The sharing of resources, including but not limited to the system described in ORS 455.095 and 455.097, equipment, systems, processes and records, documents and other information; (c) Using board and department information, including but not limited to complaints, reports, findings and orders, to carry out the laws that the board administers and enforces on behalf of the department; (d) Ensuring the security of information shared under the agreement; (e) Purchases by the board of supplies and equipment to carry out duties on behalf of the department, subject to the departments reimbursement of the board; (f) The use of financing agreements to provide resources necessary or convenient to carry out the agreement; and (g) Acceptance by the board of moneys in payment of department fees, the temporary retention and transfer of fee moneys and the reimbursement of the boards expenses under the agreement from those fee moneys. (5)(a) A financing agreement provided for as described in subsection (4)(f) of this section is exempt from ORS 283.085 to 283.092 and ORS chapter 286A. (b) Any department moneys accepted by the board as provided in subsection (4)(g) of this section must be identified and accounted for separately from any other moneys in the possession of or available to the board. Department moneys temporarily retained by the board, regardless of where kept or deposited, are moneys of the department. The retained moneys are not subject to any appropriation to the board, any authorization for or limitation on the expenditure of moneys by the board, any restriction on the source, use or transfer of board moneys or any judgment, lien or other claim against moneys of the board. Notwithstanding any requirement or limitation on the retention of moneys by a state agency, the retention of department moneys by the board under an interagency agreement described in this section shall be governed solely by the terms of the agreement. (6) An interagency agreement under this section may not: (a) Delegate the authority of the director to establish policies or to make a final determination on any matter; (b) Allow the board to hold department fee moneys in a board account under ORS 182.470 that does not allow for the separate tracking and accounting of those moneys; (c) Allow the board to hold department fee moneys past the end of the fiscal quarter in which the fee moneys were collected; or (d) Transfer department expenses to the board. [2015 c.110 2] Note: