Hazardous Substances

ORS 453.685
Entry on property for inspection purposes

  • issuance of warrant
  • liability for entry


(1)

The Director of the Oregon Health Authority may enter at any reasonable time upon any private or public property, with the permission of the owner or custodian, to determine whether there is compliance with ORS 453.605 (Definitions for ORS 453.605 to 453.800) to 453.800 (X-ray Machine Inspection Account) and rules lawfully issued pursuant thereto. When such permission is not obtained or given, if the director has grounds to believe that a violation of ORS 453.605 (Definitions for ORS 453.605 to 453.800) to 453.800 (X-ray Machine Inspection Account) or rules lawfully issued pursuant thereto exists, the director may apply to the proper judicial officer for a warrant to enter upon the property for purposes of inspection, search or seizure consonant with the scope of ORS 453.605 (Definitions for ORS 453.605 to 453.800) to 453.800 (X-ray Machine Inspection Account); except that in a case where the director has grounds to believe that a violation of ORS 453.605 (Definitions for ORS 453.605 to 453.800) to 453.800 (X-ray Machine Inspection Account) or rules pursuant thereto exists which presents a clear and present danger to the health, safety or security of the state or its citizens, the director may make such entry of property as is reasonable to abate the danger involved and for that purpose.

(2)

Upon application to the proper judicial officer for a warrant to enter property under this section, the judicial officer shall forthwith summarily determine whether or not grounds to issue such warrant exists, and if the judicial officer finds such exists, the judicial officer shall immediately issue a warrant authorizing entry by the director upon the described property for the purposes of ORS 453.605 (Definitions for ORS 453.605 to 453.800) to 453.800 (X-ray Machine Inspection Account). The director shall not be liable for injury or damage resulting from the action taken or authorized in good faith and without malice under the apparent authority of this section, even though such action is later judicially determined to be unlawful. [1961 c.664 §8; 1973 c.90 §3; 2009 c.595 §904]
§§ 453.605 to 453.755

Atty. Gen. Opinions

Power of the Board of Health to require licensing for persons operating a machine or device containing a source of radiation, (1972) Vol 36, p 280


Source

Last accessed
Jun. 26, 2021