2017 ORS 604.015¹
Appointment, qualifications and compensation of brand inspectors
  • livestock police officers

(1) The State Department of Agriculture may appoint and designate employees as brand inspectors to administer and enforce the brand inspection activities of the department under ORS 561.144 (Department of Agriculture Service Fund), 577.512 (Collection of federal assessment), 599.205 (Definitions), 599.269 (Brand inspection required prior to public auction of cattle), 599.273 (Questions of livestock ownership and possession), 599.610 (License requirements), 603.015 (Policy), 603.034 (Denial, suspension or revocation of license), 603.075 (Brand inspection service fee) to 603.095 (Disposition of funds received by department), 603.992 (Penalties), 604.005 (Definitions) to 604.071 (Prohibitions), 604.640 (Inspection of cattle), 604.650 (Inventory upon removal) and 604.992 (Penalties). In addition, the department may authorize and direct brand inspectors to administer and enforce other laws under the jurisdiction of the department.

(2) In making appointments under subsection (1) of this section, the department may appoint as part-time brand inspectors persons in the unclassified service of the personnel relations system who possess the necessary experience, knowledge and qualifications and pay them on any reasonable and fair basis. However, at any time the average monthly compensation received by such a person during a six-month period equals or exceeds the minimum wage or starting step of the pay range or schedule established for brand inspectors, then the person and the position are subject to the State Personnel Relations Law. If such person in the opinion of the department has satisfactorily carried out the duties as a brand inspector, and if it is in the best interests of the department, the person shall be given regular merit system status and shall be entitled to be hired by the department upon successfully passing a noncompetitive examination for this classification.

(3) In making appointments under subsection (1) of this section, the department may appoint as brand inspectors persons subject to the State Personnel Relations Law. At any time in any area where the workload decreases or other facts or conditions require only the part-time services of a person in a classified position, the department may declare the position to be unclassified.

(4) By written agreement, the department may designate employees of another state agency, or of a county or city government, as brand inspectors to administer and enforce the department’s brand inspection activities or other laws under the jurisdiction of the department in the same manner and to the same extent as brand inspectors appointed under subsection (1) of this section. While carrying out the authority delegated under this subsection, brand inspectors shall comply with the provisions of ORS 561.144 (Department of Agriculture Service Fund), 577.512 (Collection of federal assessment), 599.205 (Definitions), 599.269 (Brand inspection required prior to public auction of cattle), 599.273 (Questions of livestock ownership and possession), 599.610 (License requirements), 603.015 (Policy), 603.034 (Denial, suspension or revocation of license), 603.075 (Brand inspection service fee) to 603.095 (Disposition of funds received by department), 603.992 (Penalties), 604.005 (Definitions) to 604.071 (Prohibitions), 604.640 (Inspection of cattle), 604.650 (Inventory upon removal) and 604.992 (Penalties), and the administrative rules promulgated thereunder, collect any brand inspection fees due the department and forthwith pay the same to the department, continue to act under the supervision of their employing agencies, continue to carry out their regular duties for their employing agencies, and receive or have their employing agencies receive any agreed compensation from the department for carrying out the authority delegated under this subsection. The department may terminate any designation under this subsection without hearing or notice, notwithstanding any laws to the contrary.

(5) The department may appoint and designate employees as livestock police officers or investigative officers to administer and enforce the department’s authority under ORS 561.144 (Department of Agriculture Service Fund), 577.512 (Collection of federal assessment), 599.205 (Definitions), 599.269 (Brand inspection required prior to public auction of cattle), 599.273 (Questions of livestock ownership and possession), 599.610 (License requirements), 603.015 (Policy), 603.034 (Denial, suspension or revocation of license), 603.075 (Brand inspection service fee) to 603.095 (Disposition of funds received by department), 603.992 (Penalties), 604.005 (Definitions) to 604.071 (Prohibitions), 604.640 (Inspection of cattle), 604.650 (Inventory upon removal) and 604.992 (Penalties), including supervision of brand inspectors. In addition, the department may authorize and direct livestock police officers or investigative officers to administer and enforce other laws under the jurisdiction of the department. Brand inspectors, livestock police officers and investigative officers are empowered to carry out the activities of peace officers and police officers, as set forth in ORS chapter 133. They may be furnished uniforms, identification badges, emergency vehicles and other equipment appropriate to carrying out investigative and law enforcement activities. [1981 c.248 §3; 2003 c.604 §106]

1 Legislative Counsel Committee, CHAPTER 604—Brands and Marks; Feedlots, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors604.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.