As provided in ORS 431.413(3) and ORS 190.110, a local public health authority may contract or enter into an agreement with an entity to perform public health services or activities but that entity may not perform any function, duty or power of the local public health authority related to governance. Functions, duties and powers related to governance include but are not limited to:
(1) The exercise of any police power.(2) Any duty of the governing body of a local public health authority under ORS 431.415.(3) Enforcement of public health laws, including but not limited to taking an action on a license or permit as described in ORS 431.150.(4) Ensuring due process for persons with due process rights.(5) Issuing any order authorized under ORS 431A.010 or ORS chapter 433.(6) Imposing civil penalties.(7) Compelling the production of records during a disease outbreak investigation.(8) Petitioning the court for an isolation or quarantine order under ORS 433.121 to 433.142.(9) Taking any action authorized during a declared public health emergency under ORS 433.441.Or. Admin. Code § 333-014-0580
PH 31-2017, adopt filed 12/22/2017,, effective 1/1/2018Statutory/Other Authority: ORS 431.149
Statutes/Other Implemented: ORS 431.413