2017 ORS 468A.395¹
Bond or letter of credit
  • remedy against person licensed under ORS 468A.380
  • cancellation of license

(1) Any person licensed to issue certificates of compliance pursuant to ORS 468A.380 (Licensing of personnel and equipment) shall file with the Department of Environmental Quality a surety bond or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008 (Additional definitions for Bank Act). The bond or letter of credit shall be executed to the State of Oregon in the sum of $1,000. It shall be approved as to form by the Attorney General, and shall be conditioned that inspections and certifications will be made only by persons who meet the qualifications fixed by the Environmental Quality Commission and will be made without fraud or fraudulent representations and without violating any of the provisions of ORS 468A.350 (Definitions for ORS 468A.350 to 468A.400) to 468A.400 (Fees), 815.295 (Failure to have required pollution control equipment), 815.300 (Exemptions from requirement to be equipped with pollution control system), 815.310 (Proof of compliance with requirements), 815.320 (Unlawful certification of compliance with pollution control requirements) and 815.325 (Unlawfully requiring repair for certification of compliance with pollution control requirements).

(2) In addition to any other remedy that a person may have, if any person suffers any loss or damage by reason of the fraud, fraudulent representations or violation of any of the provisions of ORS 468A.350 (Definitions for ORS 468A.350 to 468A.400) to 468A.400 (Fees), 815.295 (Failure to have required pollution control equipment), 815.300 (Exemptions from requirement to be equipped with pollution control system), 815.310 (Proof of compliance with requirements), 815.320 (Unlawful certification of compliance with pollution control requirements) and 815.325 (Unlawfully requiring repair for certification of compliance with pollution control requirements) by a person licensed pursuant to ORS 468A.380 (Licensing of personnel and equipment), the injured person has the right of action against the business employing such licensed person and a right of action in the person’s own name against the surety upon the bond or the letter of credit issuer.

(3) The license issued pursuant to ORS 468A.380 (Licensing of personnel and equipment) of any person whose bond is canceled by legal notice shall be canceled immediately by the department. If the license is not renewed or is voluntarily or involuntarily canceled, the sureties of the bond or the letter of credit issuers shall be relieved from liability accruing subsequent to such cancellation by the department. [Formerly 468.400; 1997 c.631 §480]

(formerly 468.360 to 468.405)

Atty. Gen. Opinions

Motor Vehicle Emission Control Inspec­tion Program funding, (1974) Vol 37, p 130

1 Legislative Counsel Committee, CHAPTER 468A—Air Quality, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors468A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 468A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano468A.­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.