ORS 291.990
Penalties
(1)
If a person incurs or orders or votes to incur an obligation in violation of a provision of the statutes listed in subsection (4) of this section, the person and the sureties on the person’s bond are jointly and severally liable for the violation to the person in whose favor the obligation was incurred.(2)
Upon certification by the Oregon Department of Administrative Services or the State Chief Information Officer that a state officer or employee of a state agency has failed or refused to comply with a statute listed in subsection (4) of this section or an order, rule, policy or regulation the department or the State Chief Information Officer made in accordance with the statutes listed in subsection (4) of this section, the salary of the officer or employee may not be paid until the officer or employee complies with the statute, order, rule, policy or regulation. A state officer or employee who fails to comply with a statute listed in subsection (4) of this section or with an order, rule, policy or regulation the department or the State Chief Information Officer made in accordance with a statute listed in subsection (4) of this section is subject to discipline or termination in accordance with ORS chapter 240 or otherwise as provided by law or under the personnel rules and policies of the state agency that employs the officer or employee. The state agency that employs the officer or employee may consult with the State Chief Information Officer before imposing a disciplinary measure.(3)
A violation of a provision of a statute listed in subsection (4) of this section is a Class A violation.(4)
Subsections (1) to (3) of this section apply to ORS 84.064 (State Chief Information Officer duties), 276A.203 (State Chief Information Officer), 276A.206 (Oversight of state information and telecommunications technology by State Chief Information Officer), 276A.223 (Requirement that state agency or public corporation obtain quality management services when implementing information technology initiative), 276A.233 (Information technology portfolio-based management), 276A.236 (Enterprise information resources management), 276A.300 (Information systems security in executive department), 276A.303 (Information systems security for Secretary of State, State Treasurer and Attorney General), 276A.403 (Coordination of telecommunications systems), 276A.406 (Acquisition of broadband and communications services), 276A.412 (Contracts for telecommunications equipment and services not to exceed 10 years), 276A.415 (Agreements to fund or acquire telecommunications equipment and services), 279A.050 (Procurement authority), 279A.140 (State procurement of goods and services), 279A.280 (Disposal of surplus property), 279B.270 (State contracting agencies to use recovered resources and recycled materials), 283.020 (Federal law governs when federal granted funds involved), 283.110 (Furnishing by state agency to another state agency of services, facilities and materials), 283.140 (Telephone and telecommunications, mail, shuttle bus and messenger services), 283.143 (Surcharge for telecommunications services), 283.305 (Definitions for ORS 283.305 to 283.350) to 283.390 (State-owned vehicles to be marked), 291.001 (Use of accounting terms) to 291.034 (Providing technical services involving data processing), 291.047 (Public contract approval by Attorney General), 291.201 (“Tax expenditure” defined for ORS 291.201 to 291.222) to 291.222 (Furnishing information and assistance to Governor-elect), 291.232 (Declaration of policy) to 291.260 (Approving, modifying or disapproving requests and budgets to be submitted to the federal government), 291.307 (Appropriation from General Fund to constitute a credit only), 292.220 (Department to regulate subsistence and mileage allowances for travel) and 292.230 (Policy on out-of-state travel). [Amended by 1953 c.530 §2; 1955 c.260 §2; subsections (2) and (3) of 1961 Replacement Part renumbered 293.990 (Penalties); 1967 c.419 §14; subsection (2) of 1965 Replacement Part renumbered 283.990 (Penalties); 1993 c.500 §44; 1997 c.249 §89; 1999 c.1051 §172; 2003 c.794 §246; 2005 c.121 §1; 2009 c.601 §4; 2011 c.597 §177; 2015 c.807 §45]
Source:
Section 291.990 — Penalties, https://www.oregonlegislature.gov/bills_laws/ors/ors291.html.
Attorney General Opinions
Incurring and payment of expenses in excess of expenditure limitation, (1974) Vol 36, p 845
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