ORS 431.035¹
Authority of Director of Human Services to delegate functions
  • Public Health Director
  • appointment
  • duties

(1) The Director of Human Services may delegate to any of the officers and employees of the Department of Human Services the exercise or discharge in the director’s name of any power, duty or function of whatever character vested in or imposed upon the director by the laws of Oregon. However, the power to administer oaths and affirmations, subpoena witnesses, take evidence and require the production of books, papers, correspondence, memoranda, agreements or other documents or records may be exercised by an officer or employee of the department only when specifically delegated in writing by the director.

(2) The official act of any such person so acting in the director’s name and by the authority of the director shall be deemed to be an official act of the director.

(3)(a) The Director of Human Services shall appoint a Public Health Director to perform the duties and exercise authority over public health emergency matters in the state and other duties as assigned by the Director of Human Services. The Director of Human Services may appoint the same person to serve as both the Public Health Director and the Public Health Officer appointed under ORS 431.045 (Public Health Officer).

(b) The Public Health Director shall be an assistant director appointed by the Director of Human Services in accordance with ORS 409.130 (Deputy director).

(c) The Public Health Director shall delegate to an employee of the department the duties, powers and functions granted to the Public Health Director by ORS 431.264 (Authority of Public Health Director to take public health actions) and 433.443 (Authority of Public Health Director during public health emergency) in the event of the absence from the state or the unavailability of the director. The delegation must be in writing. [1973 c.829 §2; 2007 c.445 §1]

1 Legislative Counsel Committee, CHAPTER 431—State and Local Administration and Enforcement of Health Laws, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors431.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information