ORS 823.023
Right of entry onto premises of any carrier or of business tendering hazardous materials for shipment


(1)

The Department of Transportation or authorized representatives may enter upon any premises, or any equipment, rolling stock or facilities operated or occupied by any motor carrier or railroad for the purpose of making any inspection, examination or test reasonably required in the administration of ORS chapters 823, 824, 825 and 826, and to set up and use on such premises, equipment, rolling stock or facilities any apparatus or appliance and occupy reasonable space therefor.

(2)

The department or authorized representatives shall, upon demand, have the right to inspect the books, accounts, papers, records and memoranda of any motor carrier or railroad and to examine under oath any officer, agent or employee of such motor carrier or railroad in relation to its business and affairs.

(3)

Any person who on behalf of the department makes demand of a motor carrier or railroad for an examination, inspection or test shall, upon request therefor, produce a certificate under the seal of the department showing authority to make such examination, inspection or test.

(4)

The department or authorized representatives shall, upon demand, have the right to enter any premises of a business that the department has reasonable cause to believe tendered for shipment, by motor or rail, any hazardous material and to make any examination, inspection or test reasonably required to determine compliance with the health and safety regulations administered or enforced by the department. Any person, who on behalf of the department demands to make an examination, inspection or test, shall produce upon request a certificate under the seal of the department showing authority to make the examination, inspection or test.

(5)

Nothing in this section authorizes the department to use any information developed thereunder for any purpose inconsistent with any statute governing motor carriers or railroads and administered by the department or to make a disclosure thereof for other than regulatory purposes. [1995 c.733 §20; 1995 c.737 §11; 1997 c.249 §237]

Source: Section 823.023 — Right of entry onto premises of any carrier or of business tendering hazardous materials for shipment, https://www.­oregonlegislature.­gov/bills_laws/ors/ors823.­html.

823.005
Definitions for ORS chapters 823 to 826
823.007
Employee statements of pecuniary interests in motor carriers
823.009
General powers of department regarding motor carriers and railroads
823.011
Authority to adopt rules
823.012
Suspension of laws during emergency
823.013
Validity of rules, orders, acts and regulations of department
823.015
Service of notice or other legal process
823.021
Investigating management of carriers
823.023
Right of entry onto premises of any carrier or of business tendering hazardous materials for shipment
823.025
Maintaining and producing records
823.027
Duty to furnish information to department
823.029
Failure to furnish requested information
823.031
Investigating complaints against carriers
823.033
Investigations and orders on department’s own motion
823.035
Representation by non-attorney
823.037
Declaratory rulings
823.051
Interference with department equipment
823.061
Applicability of hazardous material safety regulations
823.063
Notice and opportunity to correct hazardous material violations
823.071
Definitions for ORS 823.073 and 823.075
823.073
Common carrier not to abandon agencies or withdraw agent without approval of department
823.075
Petitioning department for authority to abandon agency or withdraw agent
823.081
Enforcement of laws relating to carriers
823.083
Enjoining violation of carrier laws
823.085
Liability for damages to injured person
823.087
Effect of carrier laws on common law and other statutory rights of action, duties and liabilities
823.101
Duty of carrier to issue bill of lading on intrastate shipments
823.103
Limitations on carrier’s power to set time for filing of claim or starting action
823.105
Prohibitions
823.107
Existing remedies not affected
823.991
Penalties
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