ORS 244.280
Commission advisory opinions

  • effect of reliance on opinion

(1)

Upon the written request of any person, or upon its own motion, the Oregon Government Ethics Commission, under signature of the chairperson, may issue and publish written commission advisory opinions on the application of ORS 192.660 (Executive sessions permitted on certain matters) or any provision of this chapter to any proposed transaction or action or any actual or hypothetical circumstance. A commission advisory opinion, and a decision by the commission to issue an advisory opinion on its own motion, must be approved by a majority of the members of the commission. Legal counsel to the commission shall review a proposed commission advisory opinion before the opinion is considered by the commission.

(2)

Not later than 60 days after the date the commission receives the written request for a commission advisory opinion, the commission shall issue either the opinion or a written denial of the request. The written denial shall explain the reasons for the denial. The commission may ask the person requesting the advisory opinion to supply additional information the commission considers necessary to render the opinion. The commission, by vote of a majority of the members of the commission, may extend the 60-day deadline by one period not to exceed 60 days.

(3)

Except as provided in this subsection, unless the commission advisory opinion is revised or revoked, the commission may not impose a penalty under ORS 244.350 (Civil penalties) or 244.360 (Additional civil penalty equal to twice amount of financial benefit) on a person for any good faith action the person takes in reliance on an advisory opinion issued under this section. The commission may impose a penalty under ORS 244.350 (Civil penalties) or 244.360 (Additional civil penalty equal to twice amount of financial benefit) on the person who requested the advisory opinion if the commission determines that the person omitted or misstated material facts in making the request. [1974 c.72 §15; 1975 c.543 §9; 1977 c.588 §8; 1987 c.566 §19; 1991 c.272 §2; 1993 c.743 §13; 2007 c.865 §12; 2007 c.877 §25a; 2021 c.264 §1]

Source: Section 244.280 — Commission advisory opinions; effect of reliance on opinion, https://www.­oregonlegislature.­gov/bills_laws/ors/ors244.­html.

Notes of Decisions

Commission was not required to issue advisory opinion requested by public official where that official’s inquiry related not to his own conduct but to the conduct of another public official. Fadeley v. Ethics Commission, 30 Or App 795, 568 P2d 687 (1977)

Law Review Citations

44 WLR 399 (2007)

244.010
Policy 244.020
Definitions 244.025
Gift limit 244.040
Prohibited use of official position or office 244.042
Honoraria 244.045
Regulation of subsequent employment of public officials 244.047
Financial interest in public contract 244.049
Prohibition on use of moneys to make payments in connection with nondisclosure agreement relating to workplace harassment 244.050
Persons required to file statement of economic interest 244.055
Additional reporting requirements for State Treasury 244.060
Form of statement of economic interest 244.070
Additional statement of economic interest 244.090
Report on association with compensated lobbyist 244.100
Statements of expenses or honoraria provided to public official 244.110
Statements subject to penalty for false swearing 244.115
Filing required for member of Congress or candidate 244.120
Methods of handling conflicts 244.130
Recording of notice of conflict 244.160
Filing of statement of economic interest by public official of political subdivision other than city or county 244.162
Information provided to persons required to file statement of economic interest 244.165
Rules or policies of state agency or association of public bodies 244.175
Definitions for ORS 244.177 and 244.179 244.177
Employment of relative or member of household 244.179
Supervision of relative or member of household 244.205
Legal expense trust fund 244.207
Use of fund proceeds 244.209
Application to establish fund 244.211
Duties of trustee 244.213
Contributions to fund 244.215
Fund account 244.217
Statement of contributions received and expenditures made 244.218
Quarterly filing of statements 244.219
Termination of fund 244.221
Disposition of moneys in terminated fund 244.250
Oregon Government Ethics Commission 244.255
Commission funding 244.260
Complaint and adjudicatory process 244.270
Findings as grounds for removal 244.280
Commission advisory opinions 244.282
Executive director and staff advisory opinions 244.284
Staff advice 244.290
General duties of commission 244.300
Status of records 244.310
Executive director 244.320
Manual on government ethics 244.330
Distribution of manual on government ethics 244.340
Continuing education program 244.345
Oregon Government Ethics Commission Account 244.350
Civil penalties 244.355
Failure to file trading statement 244.360
Additional civil penalty equal to twice amount of financial benefit 244.370
Civil penalty procedure 244.390
Status of penalties and sanctions 244.400
Possibility of attorney fees for person prevailing in contested case
Green check means up to date. Up to date

Current through early 2024

§ 244.280’s source at oregon​.gov