ORS 656.751
State Accident Insurance Fund Corporation created; board; members’ qualifications; terms; compensation; expenses; function; report


(1)

The State Accident Insurance Fund Corporation is created as an independent public corporation. The corporation shall be governed by a board of five directors appointed by the Governor. Two members shall be chosen to represent the public. Of the remaining three members, a board member must be insured by the State Accident Insurance Fund Corporation at the time of appointment and for one year prior to appointment, or an employee of such an employer. Members of the board are subject to confirmation by the Senate pursuant to section 4, Article III of the Oregon Constitution.

(2)

No member of the board of directors shall have any pecuniary interest, other than an incidental interest which is disclosed and made a matter of public record at the time of appointment to the board, in any corporation or other business entity doing business in the workers’ compensation insurance industry.

(3)

The term of office of a member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

(4)

A member of the board of directors is entitled to compensation and expenses as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions).

(5)

The board of directors shall select one of its members as chairperson and another as vice chairperson, for such terms and with such duties and powers as the board of directors considers necessary for performance of the functions of those offices. A majority of the members of the board of directors constitutes a quorum for the transaction of business.

(6)

The board of directors shall meet at least once every three months at a time and place determined by the board of directors. The board of directors shall meet at such other times and places specified by the call of the chairperson or of a majority of the members of the board of directors.

(7)

It is the function of the board of directors to establish the policies for the operation of the State Accident Insurance Fund Corporation, consistent with all applicable provisions of law.

(8)

The board shall file with the Legislative Assembly and the Governor, not later than April 15 of each year, a report covering the activities and operations of the State Accident Insurance Fund Corporation for the preceding year. [1979 c.829 §2; 1981 c.854 §51]

Notes of Decisions

State Accident Insurance Fund Corporation is not state entity for purposes of immunity under Eleventh Amendment to United States Constitution, but its actions constitute state action for purposes of suit brought under 42 U.S.C. 1983. Johnson v. SAIF, 202 Or App 264, 122 P3d 66 (2005), on reconsideration 205 Or App 41, 132 P3d 1058 (2006), aff’d 343 Or 139, 164 P3d 278 (2007)

Atty. Gen. Opinions

Constitutionality of Act creating State Accident Insurance Fund Corporation, (1979) Vol 39, p 587; origin, purposes and essential characteristics of SAIF Corporation, (1990) Vol 46, p 323

§§ 656.751 to 656.758

Notes of Decisions

Establishment of SAIF as independent public corporation did not relieve it from statutory requirements for Attorney General representation of state agencies. Frohnmayer v. SAIF, 61 Or App 147, 655 P2d 1098 (1982), aff’d 294 Or 570, 660 P2d 1061 (1983)

§§ 656.001 to 656.794

Law Review Citations

55 OLR 432-445 (1976); 16 WLR 519 (1979); 22 WLR 559 (1986)

Chapter 656

Notes of Decisions

Party having affirmative of any issue must prove it by preponderance of evidence unless legislature fixes some different quantum of proof. Hutcheson v. Weyerhaeuser Co., 288 Or 51, 602 P2d 268 (1979)

Amendments to existing statutes and enactment of additional statutes by 1995 legislation generally apply to pending cases and to orders still appealable on June 7, 1995, effective date. Volk v. America West Airlines, 135 Or App 565, 899 P2d 746 (1995), Sup Ct review denied

Amendments to existing statutes and enactment of additional statutes by 1995 legislation do not extend or shorten procedural time limitations with regard to actions taken prior to June 7, 1995, effective date. Motel 6 v. McMasters, 135 Or App 583, 899 P2d 1212 (1995)

Atty. Gen. Opinions

Benefit unavailability for inmates engaged in prison work programs, (1996) Vol 48, p 134

Law Review Citations

24 WLR 321, 341 (1988); 32 WLR 217 (1996)


Source
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May. 15, 2020