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Oregon Revised Statutes

Or. Rev. Stat. § 222.870 (2026)

Hearing in affected territory; notice

✓ current as of May 2026
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      222.870 Hearing in affected territory; notice. (1) Upon receipt of the certified copy of the resolution, and verification by the local board of health having jurisdiction, the Oregon Health Authority shall review and investigate conditions in the affected territory. If it finds substantial evidence that a danger to public health exists in the territory, it shall issue an order for a hearing to be held within the affected territory, or at a place near the affected territory if there is no suitable place within that territory at which to hold the hearing, not sooner than 30 days from the date of the order.

      (2) Upon issuance of an order for a hearing, the authority shall immediately give notice of the resolution and order by publishing them in a newspaper of general circulation within the city and the affected territory once each week for two successive weeks and by posting copies of the order in four public places within the affected territory. [1973 c.624 §6; 1973 c.637 §5; 1975 c.639 §4; 1983 c.407 §6; 2009 c.595 §183]

Notes of Decisions
Cited in 6 cases, 1980–1998 · leading case: City of Eugene v. Nalven, 955 P.2d 263 (Or. Ct. App. 1998).
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City of Eugene v. Nalven, 955 P.2d 263 (Or. Ct. App. 1998). · cites it 4× “ORS 222.870; ORS 222.875. [4] *267 We also note that there exists a Lane County ordinance that confers authority on the City to compel extramural connection to the City sewer system in limited circumstances.”
West Side Sanitary Dist. v. Land Conservation & Dev. Comm'n, 614 P.2d 1141 (Or. 1980). · cites it 2× “The Health Division, after holding public hearings in the subject territory pursuant to ORS 222.870, issued an order pursuant to ORS 222.”
State Ex Rel. Rodriguez v. Gebbie, 614 P.2d 1144 (Or. 1980). “*402 The Health Division, after holding public hearings in the subject territory pursuant to ORS 222.870, issued an order finding that a danger to public health exists in the territory because of conditions "which are conducive to the propagation of communicable or contagious…”
West Side Sanitary Dist. v. Land Conservation & Dev. Comm'n, 614 P.2d 1148 (Or. 1980). “The Health Division, after holding public hearings in the subject territory pursuant to ORS 222.870, issued an order finding that a danger to public health exists in the territory because of conditions "which are conducive to the propagation of communicable or contagious disease…”
Pieper v. Health Div., 606 P.2d 1145 (Or. 1980). “Upon receipt by the Health Division of such a resolution from either the city or local board of health, it is required to hold a hearing to determine whether a danger to public health exists in the area, followed by written findings (ORS 222.870; 222.875; 222.850). If such…”
City of Ashland v. Bear Creek Valley Sanitary Auth., 650 P.2d 975 (Or. Ct. App. 1982). “The ‘program’ required of the Health Division by ORS 222.870 and 222.880 involves a single factfinding procedure.”
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