2011 ORS § 448.100¹
Delegation to county to administer ORS 448.005 to 448.060
  • standards
  • fees
  • suits involving validity of administrative rule

(1) The Director of the Oregon Health Authority shall delegate to any county board of commissioners that requests any of the duties and functions of the director under ORS 448.005 (Definitions for ORS 448.005 to 448.090), 448.011 (Powers of Oregon Health Authority), 448.020 (Permit required to construct or alter pool facilities) to 448.035 (Annual license required to operate), 448.040 (Entry on premises for inspection purposes) to 448.060 (Operating pool or other facility without permit) and this section if the director determines that the county is able to carry out the rules of the Oregon Health Authority relating to fee collection, licensing, inspections, enforcement and issuance and revocation of permits and certificates in compliance with standards for enforcement by the counties and monitoring by the authority. Such standards shall be established by the authority in consultation with the appropriate county officials and in accordance with ORS 431.345 (Minimum standards for financial assistance to local boards of health). The authority shall review and monitor each countys performance under this subsection. In accordance with ORS chapter 183, the director may suspend or rescind a delegation under this subsection. If it is determined that a county is not carrying out such rules or the delegation is suspended, the unexpended portion of the fees collected under subsection (2) of this section shall be available to the authority for carrying out the duties and functions under this section.

(2) The county may determine the amount of, and retain, any fee for any function undertaken pursuant to subsection (1) of this section or use the fee schedules pursuant to ORS 448.030 (Permit application) and 448.035 (Annual license required to operate). A county to whom licensing, inspection and enforcement authority has been delegated under this section shall collect and remit to the authority a fee to support the activities of the authority under this section. The fee shall be established by the authority and the Conference of Local Health Officials based upon a budget and formula for funding activities described in this section. The authority and the Conference of Local Health Officials shall consult with associations representing Oregon cities, special districts and the lodging industry in establishing the fee. In the event the authority and the Conference of Local Health Officials cannot reach agreement on the budget and formula, the authority shall submit its budget proposal to the Legislative Assembly.

(3) In any action, suit or proceeding arising out of county administration of functions pursuant to subsection (1) of this section and involving the validity of a rule promulgated by the authority, the authority shall be made a party to the action, suit or proceeding. [1973 c.215 §9; 1975 c.790 §2; 1983 c.370 §2; 1999 c.929 §4; 2009 c.595 §836]