Home Care Commission; membership; rules
(1)The Home Care Commission is created, consisting of nine members appointed by the Governor and confirmed by the Senate as provided in ORS 171.562 (Procedures for confirmation) and 171.565 (Vote required for confirmation). Five members shall be elderly persons or persons with disabilities who are receiving or who have received home care services. One member shall be appointed to represent each of the following entities, or a successor entity, for as long as a comparable entity exists:
(a)Governor’s Commission on Senior Services;
(b)Department of Human Services;
(c)Oregon Disabilities Commission; and
(d)Oregon Association of Area Agencies on Aging and Disabilities.
(2)The members shall be appointed for terms of three years. A member is eligible for reappointment and may serve no more than three consecutive terms. When making appointments to the commission, the Governor may consider recommendations from the entities listed in subsection (1) of this section and other organizations representing the interests of elderly persons and persons with disabilities.
(3)If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.
(4)The commission shall exercise all powers necessary to effectuate the purposes of ORS 410.595 (Legislative intent and findings) to 410.625 (Authority of commission).
(5)The Governor shall select annually from the membership of the commission a chairperson who serves at the pleasure of the Governor. The chairperson or majority of the members of the commission then in office shall have the power to call regular or special meetings of the commission. The commission shall meet at a place, date and hour determined by the commission.
(6)Members of the commission shall be paid compensation and expenses as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions) from such funds as may be available to the commission.
(7)Meetings of the commission shall be open and public in accordance with ORS 192.610 (Definitions for ORS 192.610 to 192.690) to 192.690 (Exceptions to ORS 192.610 to 192.690). Records of the commission shall be open and available to the public in accordance with ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department). The commission shall meet regularly with the executive director of the Home Care Commission to make recommendations and set policy, to approve or reject reports of the executive director, to adopt rules and to transact other business.
(8)A quorum of the commission shall consist of a majority of the members of the commission then in office. All decisions of the commission shall be made by a majority of all the members then in office.
(9)The commission shall, in accordance with ORS chapter 183, adopt and enforce rules to carry out the provisions of ORS 410.595 (Legislative intent and findings) to 410.625 (Authority of commission).
(10)The commission is not subject to ORS 291.050 (Definitions for ORS 291.050 to 291.060) to 291.060 (Report of fees to Legislative Assembly).
(11)Members of the commission are officers of the state and the commission is a state commission for purposes of ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) and 278.120 (Claims management) and ORS chapter 180.
(12)The chairperson may sign, on behalf of the commission, contracts or agreements that the commission authorizes or is required to execute. [2001 c.901 §2; 2007 c.70 §179; 2007 c.797 §3]
Notes of Decisions
Agency rules making placement of handicapped and elderly persons factor of their primary service needs and providing for different residential facilities to accommodate persons with different needs were consistent with provisions of this chapter in effect at time petitioner, who was mentally retarded, was refused placement at facility which primarily served elderly. Dempsey v. Senior Services Division, 92 Or App 163, 758 P2d 367 (1988)