Director delegation of certain duties
- • fees
(1) The Director of the Department of Consumer and Business Services shall delegate to any municipality that requests any of the authority, responsibilities and functions of the director relating to recreation parks, organizational camps and picnic parks as defined in ORS 446.310 (Definitions for ORS 446.310 to 446.350), including but not limited to plan review and inspections, if the director determines that the municipality is willing and able to carry out the rules of the director relating to such authority, responsibilities and functions. The director shall review and monitor each municipality’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 municipality 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 director for carrying out the authority, responsibility and functions under this section.
(2) The director shall determine, by administrative rule, the amount of fee that the municipality may charge and retain for any function undertaken pursuant to subsection (1) of this section. The amount of the fees may not exceed the costs of administering the delegated functions. The municipality, quarterly, shall remit 15 percent of the collected fees to the director for monitoring municipal programs and for providing informational material necessary to maintain a uniform state program.
(3) In any action, suit or proceeding arising out of municipal administration of functions pursuant to subsection (1) of this section and involving the validity of a rule adopted by the director, the director shall be made a party to the action, suit or proceeding. [1987 c.414 §36a; 1991 c.227 §3; 2017 c.17 §40]
Note: 455.170 (Director delegation of certain duties) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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