Or. Admin. R. 855-080-0029

Current through Register Vol. 63, No. 9, September 1, 2024

Section 855-080-0029 - Acceptable Subpoenas for Law Enforcement Agencies to Obtain Pseudoephedrine or Ephedrine Log Information

(1) "Law Enforcement Agency" includes the following:

(a) County sheriffs, municipal police departments, police departments established by a university under ORS 352.121 or 353.125 and state police;

(b) Other police officers of this state or another state, including humane special agents as defined in ORS 181A.345;

(c) The Oregon Department of Justice when conducting a criminal investigation;

(d) A tribal government as defined in ORS 181A.680 that employs authorized tribal police officers as defined in ORS 181A.680; and

(e) Law enforcement agencies of the federal government.

(2) Acceptable subpoenas for a law enforcement agency to obtain information in a pseudoephedrine or ephedrine log are subpoenas lawfully issued by:

(a) A grand jury under ORS 136.563;

(b) A district attorney under ORS 136.565;

(c) The Oregon Attorney General under ORS 183.073;

(d) A law enforcement agency of a tribal government under tribal subpoena authority; and

(e) A federal law enforcement agency under federal subpoena power.

(3) Subpoenas that meet the criteria in (2) are accepted by the Board under section 2, subsection 5 of HB 2648 (2021). The Board does not act as a decision maker as to a subpoena issued for pseudoephedrine or ephedrine logs under this rule. The Board is not a party to a subpoena for information contained in a pseudoephedrine or ephedrine log under this rule.

Or. Admin. R. 855-080-0029

BP 42-2021, adopt filed 12/16/2021, effective 1/1/2022

Statutory/Other Authority: ORS 689.205 & 2021 HB 2648

Statutes/Other Implemented: 2021 HB 2648 & ORS 475.035