2017 ORS 431.415¹
Duties of governing bodies of local public health authorities
  • fee schedules

(1) Subject to the availability of funds paid pursuant to ORS 431.380 (Distribution of funds), each governing body of a local public health authority shall:

(a) In collaboration with the local public health administrator appointed under ORS 431.418 (Local public health administrator), develop public health policies and goals for the local public health authority;

(b) Adopt ordinances and rules necessary for the local public health authority to administer ORS 431.001 (Findings) to 431.550 (Power of Oregon Health Authority to collect information from local public health administrators) and 431.990 (Penalties), any other public health law of this state and any other public health matter not expressly preempted by a law of this state;

(c) Adopt civil penalties for violations of ordinances and rules adopted under paragraph (b) of this subsection, provided that any civil penalty adopted under this paragraph is for an amount that does not exceed $1,000 per violation per day;

(d) Review and make recommendations on the local public health modernization plan adopted under ORS 431.413 (Powers and duties of local public health authorities); and

(e) Monitor the progress of the local public health authority in meeting statewide and local public health goals, including progress in applying the foundational capabilities established under ORS 431.131 (Foundational capabilities) and implementing the foundational programs established under ORS 431.141 (Foundational programs).

(2) The governing body of a local public health authority shall adopt ordinances and rules necessary to carry out the duties of the local public health authority under subsection (1) of this section. The governing body of a local public health authority may not adopt an ordinance or rule or policy that is inconsistent with or less strict than a provision of ORS 431.001 (Findings) to 431.550 (Power of Oregon Health Authority to collect information from local public health administrators) and 431.990 (Penalties) or any other public health law of this state, or that is inconsistent with or less strict than a rule adopted under ORS 431.001 (Findings) to 431.550 (Power of Oregon Health Authority to collect information from local public health administrators) and 431.990 (Penalties) or any other public health law of this state.

(3) The governing body of a local public health authority may adopt schedules of fees for public health services that are reasonably calculated to not exceed the cost of the services performed. The local health department shall charge fees in accordance with the schedule or schedules adopted. [1961 c.610 §6; 1973 c.829 §22; 1977 c.582 §27; 2009 c.595 §562; 2015 c.736 §26]

Atty. Gen. Opinions

Effect of county com­mis­sioners’ decision on an ap­peal from the decision of the county sanitarian, (1973) Vol 36, p 571; ultimate authority, as between Board of County Commissioners and County Board of Health, to reject or accept health care projects for county, (1979) Vol 39, p 633

1 Legislative Counsel Committee, CHAPTER 431—State and Local Administration and Enforcement of Public Health Laws, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors431.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 431, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano431.­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.