ORS 427.401¹
Oregon Human Rights Commission established
  • membership
  • rules

(1) The Oregon Human Rights Commission is established within the Department of Human Services. The commission consists of nine members appointed by the Governor for not more than two consecutive three-year terms. The purpose of the commission is to safeguard the dignity and basic human rights of individuals who have an intellectual or developmental disability.

(2) The Governor shall appoint the following members who shall be confirmed by the Senate in the manner prescribed in ORS 171.562 (Procedures for confirmation) and 171.565 (Vote required for confirmation):

(a) One member who is an individual who has an intellectual or developmental disability and who receives services under ORS 427.007 (Policy).

(b) One member who is a family member of an individual who has an intellectual or developmental disability.

(c) One member who is a sibling of an individual who has an intellectual or developmental disability.

(d) One member who is a self-advocate for the rights of individuals who have intellectual or developmental disabilities and who represents, in a professional capacity, an organization that promotes disability self-advocacy.

(e) Two members who are representatives from a disabilities advocacy organization.

(f) One member who is a service provider as defined in ORS 427.101 (Definitions for ORS 427.115, 427.121, 427.154, 430.662 and 430.664).

(g) One member who represents the Department of Human Services.

(h) One member who is an expert regarding behavioral intervention models that have been approved by the Department of Human Services.

(3) In making appointments, the Governor shall solicit and consider recommendations from the Oregon Council on Developmental Disabilities and Disability Rights Oregon and shall make appointments in consideration of the different geographical regions of the state.

(4) The commission may appoint any medical, behavioral and educational professionals as the commission deems necessary to assist the commission in an advisory capacity only.

(5) A majority of the members of the commission constitutes a quorum for the transaction of business.

(6) Official action by the commission requires the approval of a majority of the members of the commission.

(7) The commission shall elect one of its members to serve as chairperson.

(8) If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective.

(9) The commission shall meet at times and places specified by the call of the chairperson or of a majority of the members of the commission.

(10) The commission may adopt any rules the commission considers necessary for the commission to carry out its duties under this section and ORS 427.109 (Complaint procedures). [2019 c.296 §2]

Chapter 427

Notes of Decisions

Former commit­ment pro­vi­sions of this chapter were constitu­tional. State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

Standard of proof in former version of this chapter was proof “beyond a reasonable doubt.” State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

As commit­ment pro­ceed­ing is not crim­i­nal matter, principle of double jeopardy has no applica­tion. State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

Atty. Gen. Opinions

Preemp­tion of the Oregon Revised Statutes by the pro­vi­sions of the Interstate Compact, (1973) Vol 36, p 297; civil commit­ment to Mental Health Division of per­son against whom crim­i­nal charges are pending, (1980) Vol 41, p 91

Law Review Cita­tions

16 WLR 439 (1979)

1 Legislative Counsel Committee, CHAPTER 427—Persons With Intellectual or Developmental Disabilities, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors427.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 427, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano427.­html (2019) (last ac­cessed May 16, 2020).
 
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