2017 ORS 496.167¹
Department recompensable assistance to agencies
  • tracking and statements

(1) Subject to rules prescribed by the State Fish and Wildlife Commission, in rendering recompensable assistance to an agency, the State Department of Fish and Wildlife shall:

(a) For fiscal years beginning on or after July 1, 2015, and before July 1, 2019, track and prepare statements reporting the number of hours spent by department personnel performing recompensable assistance for any executive department agency, including an hourly rate that would be charged, based on the class of department personnel performing the services. The department shall send statements to the agency receiving services, but may not charge for services. This paragraph does not prohibit the department from charging another state agency for services pursuant to an interagency agreement that is in effect between the department and the other agency at any time during the period beginning July 1, 2015, and ending July 1, 2021.

(b) For fiscal years beginning on or after July 1, 2019, track and prepare statements reporting the number of hours spent by department personnel performing recompensable assistance for any executive department agency, including an hourly rate that would be charged, based on the class of department personnel performing the services.

(2)(a) The charges for which statements are prepared and, after July 1, 2019, billed include, but are not limited to, costs of providing professional, investigatory, administrative and clerical services and capital outlay.

(b) An executive department agency may not submit an invoice to a private entity, a member of the public or an applicant for a state-issued permit for services performed by the department, unless the invoice is authorized by a statute, rule or interagency agreement executed:

(A) Prior to June 25, 2015; or

(B) Following consultation with persons representative of those private entities, members of the public or permit applicants that are subject to invoicing under this paragraph.

(3) As used in this section:

(a) “Agency” means any department, board, commission, agency or officer of the executive department.

(b) “Executive department” has the meaning given that term in ORS 174.112 (“Executive department” defined).

(c) “Recompensable assistance” means assistance rendered by the department as part of advancing fee-funded programs administered by an agency. [2015 c.566 §1]

Note: 496.167 (Department recompensable assistance to agencies) and 496.168 (Estimated expenses for recompensable assistance) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 496 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Chapter 496

Notes of Decisions

Fish and Wildlife Commission has statutory authority to provide by rule for is suance of special ceremonial hunting permits for specific tribes that are not otherwise allowed under hunting and fishing agree­ment between federal and state govern­ments and that tribe. Confederated Tribes of Siletz Indians of Oregon v. Depart­ment of Fish and Wildlife, 244 Or App 535, 260 P3d 705 (2011)

Atty. Gen. Opinions

Commission authority to restrict use of boat ramp it locates on state land, (1971) Vol 35, p 900

1 Legislative Counsel Committee, CHAPTER 496—Application, Administration and Enforcement of Wildlife Laws, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors496.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 496, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano496.­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.