2017 ORS 297.120¹
Division of Audits investigation of state agency loss of public funds or property
  • report to Governor

(1) When a state agency sustains a loss of $100 or more of public funds or property under circumstances involving a public official who is entrusted with the custody of the funds or property or who is charged with the duty to account for the funds or property, the agency shall, within 30 days after discovery of the loss, report the loss in writing to the Division of Audits.

(2) Within 30 days after receiving the report under subsection (1) of this section, the division shall determine whether to investigate the loss.

(3) If the division investigates a loss, the division shall prepare a report regarding the accountability of the public official for the loss. The report shall be presented to the Governor. [1963 c.617 §2; 1969 c.199 §48; 1991 c.219 §2; 1993 c.718 §2; 2007 c.219 §2]


Notes of Decisions

This pro­vi­sion does not permit recovery from public of­fi­cers for misalloca­tion of moneys from Industrial Accident Fund that are already committed to pay­ment of policyholder dividends, because such moneys are not “public funds.” SAIF v. Montgomery, 108 Or App 93, 814 P2d 536 (1991), Sup Ct review denied

Atty. Gen. Opinions

Recovery of erroneous per diem pay­ments to members of Travel Informa­tion Council, (1977) Vol 38, p 1484

Chapter 297

Atty. Gen. Opinions

Duty or authority of Secretary of State to con­duct performance audits, (1985) Vol. 44, p 381

1 Legislative Counsel Committee, CHAPTER 297—Audits of Public Funds and Financial Records, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors297.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 297, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano297.­html (2017) (last ac­cessed Mar. 30, 2018).
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.