OAR 199-001-0040
Exercise of Prosecutorial Discretion in Enforcement of ORS 244.040(1)

(1)

In addition to the criteria described in OAR 199-001-0035 (Criteria and Procedures for Exercise of Prosecutorial Discretion) for the exercise of prosecutorial discretion in all matters subject to the Commission’s jurisdiction, this rule describes criteria for the exercise of prosecutorial discretion in enforcement of ORS 244.040 (Prohibited use of official position or office)(1) when the receipt of financial benefit or avoidance of financial detriment is minimal and does not substantially conflict with the purposes of ORS Chapter 244 (Government Ethics).

(2)

The Commission will not proceed following investigation to move a matter to a contested case proceeding for a violation of ORS 244.040 (Prohibited use of official position or office)(1) in the following circumstances:

(a)

If it appears to the Executive Director that a complaint filed with the Commission involves only allegations that fall within one of the exceptions, the Director need not submit the matter to the Commission.

(b)

If sufficient information is available prior to the conclusion of the investigatory phase to determine that the alleged violation falls within one of the exceptions, the matter may be dismissed at any earlier stage of the proceeding.

Source: Rule 199-001-0040 — Exercise of Prosecutorial Discretion in Enforcement of ORS 244.040(1), https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=199-001-0040.

Last Updated

Jun. 8, 2021

Rule 199-001-0040’s source at or​.us