Emergency Management and Services

ORS 401.192
Effect of rules and orders during emergency

  • scope
  • effect
  • termination


(1)

All rules and orders issued under authority conferred by ORS 401.165 (Declaration of state of emergency) to 401.236 (Rules) shall have the full force and effect of law both during and after the declaration of a state of emergency. All existing laws, ordinances, rules and orders inconsistent with ORS 401.165 (Declaration of state of emergency) to 401.236 (Rules) shall be inoperative during the period of time and to the extent such inconsistencies exist.

(2)

The authority exercised under ORS 401.165 (Declaration of state of emergency) to 401.236 (Rules) may be exercised with respect to the entire territory over which the Governor has jurisdiction, or to any specified part thereof.

(3)

When real or personal property is taken under power granted by ORS 401.188 (Management of resources during emergency), the owner of the property shall be entitled to reasonable compensation from the state.

(4)

The powers granted to the Governor by ORS 401.165 (Declaration of state of emergency) to 401.236 (Rules) shall continue until termination of the state of emergency. The powers granted to the Governor by ORS 401.185 (Providing temporary housing during emergency) may continue beyond the termination of the state of emergency and shall be terminated by proclamation of the Governor or by joint resolution of the Legislative Assembly. [Formerly 401.095]
Chapter 401

Law Review Citations

54 OLR 677 (1975)


Source

Last accessed
Jun. 26, 2021