ORS 433.855¹
Duties of Department of Human Services
  • rules
  • limitations
  • compliance checks

(1) The Department of Human Services, in accordance with the provisions of ORS chapter 183:

(a) Shall adopt rules necessary to implement the provisions of ORS 433.835 (Definitions for ORS 433.835 to 433.875) to 433.875 (Short title) and 433.990 (Penalties) (5);

(b) Shall be responsible for compliance with such rules; and

(c) May impose a civil penalty not to exceed the amount specified in ORS 433.990 (Penalties) (5) for each violation of a rule of the department applicable to ORS 433.850 (Smoke free place of employment required), to be collected in the manner provided in ORS 441.705 (Definitions for ORS 441.705 to 441.745) to 441.745 (Penalties to General Fund). All penalties recovered shall be paid into the State Treasury and credited to the General Fund.

(2) In carrying out its duties under this section, the Department of Human Services is not authorized to require any changes in ventilation or barriers in any public place. However, nothing in this subsection is intended to limit the authority of the department to impose any requirements under any other provision of law.

(3) In public places which the Department of Human Services regularly inspects, the Department of Human Services shall check for compliance with the provisions of ORS 433.835 (Definitions for ORS 433.835 to 433.875) to 433.875 (Short title) and 433.990 (Penalties) (5). In other public places, the Department of Human Services shall respond in writing or orally by telephone to complaints, notifying the proprietor or person in charge of responsibilities of the proprietor or person in charge under ORS 433.835 (Definitions for ORS 433.835 to 433.875) to 433.875 (Short title) and 433.990 (Penalties) (5). If repeated complaints are received, the Department of Human Services may take appropriate action to insure compliance.

(4) When a county has received delegation of the duties and responsibilities under ORS 446.425 (Delegation to county to administer certain sanitation laws) and 448.100 (Delegation to county to administer ORS 448.005 to 448.060), or contracted with the Department of Human Services under ORS 190.110 (Authority of units of local government and state agencies to cooperate), the county shall be responsible for enforcing the provisions of ORS 433.835 (Definitions for ORS 433.835 to 433.875) to 433.875 (Short title) and 433.990 (Penalties) (5) that are applicable to those licensed facilities and shall have the same authority as the Department of Human Services for such enforcement. [1981 c.384 §6; 1991 c.734 §21; 2001 c.104 §162; 2001 c.990 §6; 2003 c.309 §6; 2007 c.445 §36]

Note: The amendments to 433.855 (Duties of Department of Human Services) by section 5, chapter 602, Oregon Laws 2007, take effect January 1, 2009. See section 13, chapter 602, Oregon Laws 2007. The text that is effective on and after January 1, 2009, is set forth for the user’s convenience.

433.855 (Duties of Department of Human Services). (1) The Department of Human Services, in accordance with the provisions of ORS chapter 183:

(a) Shall adopt rules necessary to implement the provisions of ORS 433.835 (Definitions for ORS 433.835 to 433.875) to 433.875 (Short title) and 433.990 (Penalties) (5);

(b) Shall be responsible for compliance with such rules; and

(c) May impose a civil penalty not to exceed the amount specified in ORS 433.990 (Penalties) (5) for each violation of a rule of the department applicable to ORS 433.845 (Smoking prohibited except in designated areas) or 433.850 (Smoke free place of employment required), to be collected in the manner provided in ORS 441.705 (Definitions for ORS 441.705 to 441.745) to 441.745 (Penalties to General Fund). All penalties recovered shall be paid into the State Treasury and credited to the Tobacco Use Reduction Account established under ORS 431.832 (Tobacco Use Reduction Account established).

(2) In carrying out its duties under this section, the Department of Human Services is not authorized to require any changes in ventilation or barriers in any public place or place of employment. However, nothing in this subsection is intended to limit the authority of the department to impose any requirements under any other provision of law.

(3) In public places which the Department of Human Services regularly inspects, the Department of Human Services shall check for compliance with the provisions of ORS 433.835 (Definitions for ORS 433.835 to 433.875) to 433.875 (Short title) and 433.990 (Penalties) (5). In other public places and places of employment, the Department of Human Services shall respond in writing or orally by telephone to complaints, notifying the proprietor or person in charge of responsibilities of the proprietor or person in charge under ORS 433.835 (Definitions for ORS 433.835 to 433.875) to 433.875 (Short title) and 433.990 (Penalties) (5). If repeated complaints are received, the Department of Human Services may take appropriate action to ensure compliance.

(4) When a county has received delegation of the duties and responsibilities under ORS 446.425 (Delegation to county to administer certain sanitation laws) and 448.100 (Delegation to county to administer ORS 448.005 to 448.060), or contracted with the Department of Human Services under ORS 190.110 (Authority of units of local government and state agencies to cooperate), the county shall be responsible for enforcing the provisions of ORS 433.835 (Definitions for ORS 433.835 to 433.875) to 433.875 (Short title) and 433.990 (Penalties) (5) that are applicable to those licensed facilities and shall have the same authority as the Department of Human Services for such enforcement.

Notes of Decisions

Local govern­ments are not preempted from adopting more stringent limita­tions on smoking than mandated under statewide standards. Oregon Restaurant Associa­tion v. City of Corvallis, 166 Or App 506, 999 P2d 551 (2000)

1 Legislative Counsel Committee, CHAPTER 433—Disease and Condition Control; Mass Gatherings; Indoor Air, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors433.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 433, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­433ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
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