Chapter 679 Oregon Laws 1999

Session Law

AN ACT

HB 2221

Relating to the exemption of proceedings concerning inmate visitation from formal contested case provisions; creating new provisions; and amending ORS 183.315.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 183.315 is amended to read:

183.315. (1) Except as otherwise provided in subsection (6) of this section, the provisions of ORS 183.410, 183.415, 183.425, 183.440, 183.450, 183.460, 183.470 and 183.480 do not apply to local government boundary commissions created pursuant to ORS 199.425 or 199.430, the Department of Revenue, State Accident Insurance Fund Corporation, Public Utility Commission, Department of Consumer and Business Services with respect to its functions under ORS chapters 654 and 656, Psychiatric Security Review Board or State Board of Parole and Post-Prison Supervision.

(2) ORS 183.310 to 183.550 do not apply with respect to actions of the Governor authorized under ORS chapter 240.

(3) The provisions of ORS 183.410, 183.415, 183.425, 183.440, 183.450 and 183.460 do not apply to the Employment Appeals Board or the Employment Department.

(4) The Employment Department shall be exempt from the provisions of ORS 183.310 to 183.550 to the extent that a formal finding of the United States Secretary of Labor is made that such provision conflicts with the terms of the federal law, acceptance of which by the state is a condition precedent to continued certification by the United States Secretary of Labor of the state's law.

(5) The provisions of ORS 183.415 to 183.430, 183.440 to 183.460, 183.470 to 183.485 and 183.490 to 183.500 do not apply to orders issued to persons who:

(a) Have been committed pursuant to ORS 137.124 to the custody of the Department of Corrections or are otherwise confined in a Department of Corrections facility; or

(b) Seek to visit an inmate confined in a Department of Corrections facility.

(6) Notwithstanding subsection (1) of this section, ORS 183.450 (7) shall apply to the Public Utility Commission.

(7) The provisions of ORS 183.310 to 183.550 do not apply to the suspension, cancellation or termination of an apprenticeship or training agreement under ORS 660.060.

SECTION 2. The Department of Corrections shall establish by rule an internal procedure for administrative review of decisions to revoke or restrict an approved visitor's visiting status within a department facility. The department shall include in the internal procedure established under this section an opportunity for the person to obtain final administrative review of the disputed action from a department official who is assigned to the department's central administration.

SECTION 3. Section 2 of this 1999 Act and the amendments to ORS 183.315 by section 1 of this 1999 Act apply to orders issued by the Department of Corrections before, on or after the effective date of this 1999 Act.

Approved by the Governor July 14, 1999

Filed in the office of Secretary of State July 14, 1999

Effective date October 23, 1999

__________