2007 ORS 446.425¹
Delegation to county to administer certain sanitation laws
  • fees

(1) The Director of Human Services shall delegate to any county board of commissioners which requests any of the authority, responsibilities and functions of the director under ORS 446.310 (Definitions for ORS 446.310 to 446.350), 446.320 (Tourist facility license required), 446.330 (Rules) to 446.340 (Responsibility of owner or operator for sanitary conditions), 446.345 (Prohibited acts), 446.350 (Tourist Facility Account) and 446.990 (Penalties) if the director determines that the county is able to carry out the rules of the Department of Human Services relating to fee collection, inspections, enforcement and issuance and revocation of permits and licenses in compliance with standards for enforcement by the counties and monitoring by the department. Such standards shall be established by the department 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 department shall review and monitor each county’s 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 department for carrying out the authority, responsibility 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. The amount of the fees shall not exceed the costs of administering the inspection program. The county, quarterly, shall remit 15 percent of an amount equal to the state licensing fee or 15 percent of the county license fee whichever is less, to the department for consultation service and maintenance of the statewide program.

(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 adopted by the department, the department shall be made a party to the action, suit or proceeding. [1973 c.560 §21a; 1975 c.790 §1; 1975 c.793 §14; 1983 c.250 §1; 1983 c.370 §3; 1983 c.707 §20]

1 Legislative Counsel Committee, CHAPTER 446—Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­446.­html (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.