179.040
General powers and duties; rules.
(1) The Department of Corrections, the Department of Human Services and the
Oregon Health Authority shall:
(a) Govern,
manage and administer the affairs of the public institutions and works within
their respective jurisdictions.
(b) Enter into
contracts for the planning, erection, completion and furnishings of all new
buildings or additions at their respective institutions.
(c) Subject to
any applicable provisions of ORS 279A.125, 279A.255, 279A.275, 279A.280,
279A.285, 279A.290, 279B.025, 279B.240, 279B.270, 279B.275, 279B.280 and
283.110 to 283.395, enter into contracts for the purchase of supplies for their
respective institutions.
(d) Make and
adopt rules for the guidance of the agencies and for the government of their
respective institutions.
(2) The agencies,
respectively, may:
(a) Sue and plead
in all courts of law and equity.
(b) Subject to
ORS 279A.050 (7), procure, contract for or enter into agreements for goods and
services of all kinds, including personal services contracts designated under
ORS 279A.055, and perform all legal acts requisite and necessary for the
successful management and maintenance of the institutions within their
respective jurisdictions. [Amended by 1967 c.419 §57; 1969 c.597 §18; 1969
c.706 §63; 1987 c.320 §107; 2001 c.900 §27; 2003 c.794 §200; 2009 c.397 §1;
2009 c.595 §119]
Notes of Decisions
AFSCME Local 2623 v. Dep't of Corr., 843 P.2d 409 (Or. 1992).
· cites it 3× “We first address petitioners’ central contention, which is that the Department has no explicit statutory authority to adopt rules that claim for the Department the power to ask an employee to submit to a search and, if consent is given, to search that employee.”
Snow v. Oregon State Penitentiary, 780 P.2d 215 (Or. 1989).
· cites it 2× “"(3) Policy: As authorized by ORS 179.040(2), which empowers divisions to `perform all legal and peaceful acts requisite and necessary for the successful management and maintenance of the institutions within its jurisdiction', and ORS 421.”
Smith v. Two Rivers Corr. Inst., 312 P.3d 568 (Or. Ct. App. 2013).
“And the first rule of that division — entitled “Authority, Purpose and Policy” — provides: “(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 421.068, 421.180, 423.020, 423.”
Delaney v. Shobe, 235 F. Supp. 662 (D. Or. 1964).
“…on appeal, and at the defendant’s election he should be restored to place of original custody at-time of trial. 4 . ORS 179.040, 179.070, and 179.320.”
Smith v. Dep't of Corr., 388 P.3d 1118 (Or. Ct. App. 2017).
“) OAR 291-130-0016 is authorized and adopted under ORS 179.040, which permits the department to enter into service contracts and to make and adopt rules in accordance with those contracts as part of its duty to “ [g] overn, manage and administer” prisons.”
AFSCME Local 2623 v. Dep't of Corr., 820 P.2d 892 (Or. Ct. App. 1991).
· cites it 2× “They contend that, under Article I, section 9, and applicable case law, administrative searches cannot be based on a general grant of authority.”
Just. Resource Ctr. v. Dept. of Corr., 338 Or. App. 643 (Or. Ct. App. 2025).
“”3 Although section 41 reflects a clear intention by electors that all AICs engage in productive work, that 2 Specifically, the division 105 rules reference ORS 179.040, ORS 421.068, ORS 421.180, ORS 423.”
Smith v. Dep't of Corr., 445 P.3d 329 (Or. Ct. App. 2019).
“075(5)(d) ; see also ORS 179.040(1)(d) (DOC shall "[m]ake and adopt rules for the guidance of [DOC] and for the government of [its] institutions.”
— Or. Rev. Stat. § 179.040(1) — 1 case
AFSCME Local 2623 v. Dep't of Corr., 820 P.2d 892 (Or. Ct. App. 1991).
“They contend that, under Article I, section 9, and applicable case law, administrative searches cannot be based on a general grant of authority.”
— Or. Rev. Stat. § 179.040(1)(d) — 1 case
Smith v. Dep't of Corr., 445 P.3d 329 (Or. Ct. App. 2019).
“075(5)(d) ; see also ORS 179.040(1)(d) (DOC shall "[m]ake and adopt rules for the guidance of [DOC] and for the government of [its] institutions.”
— Or. Rev. Stat. § 179.040(2) — 1 case
Snow v. Oregon State Penitentiary, 780 P.2d 215 (Or. 1989).
“"(3) Policy: As authorized by ORS 179.040(2), which empowers divisions to `perform all legal and peaceful acts requisite and necessary for the successful management and maintenance of the institutions within its jurisdiction', and ORS 421.”
— Or. Rev. Stat. § 179.040(l)(a) — 1 case
AFSCME Local 2623 v. Dep't of Corr., 843 P.2d 409 (Or. 1992).
“We first address petitioners’ central contention, which is that the Department has no explicit statutory authority to adopt rules that claim for the Department the power to ask an employee to submit to a search and, if consent is given, to search that employee.”
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