Or. Rev. Stat. » Oregon Revised Statutes
Oregon Revised Statutes

Or. Rev. Stat. § 401.168 (2026)

Governor’s powers during state of emergency; suspension of agency rules

✓ current as of May 2026
Find cases: SyfertCases citing this section ORSoregonlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

      401.168 Governor’s powers during state of emergency; suspension of agency rules. (1) During a state of emergency, the Governor has complete authority over all executive agencies of state government and the right to exercise, within the area designated in the proclamation, all police powers vested in the state by the Oregon Constitution in order to effectuate the purposes of this chapter.

      (2) During a state of emergency, the Governor has authority to suspend provisions of any order or rule of any state agency, if the Governor determines and declares that strict compliance with the provisions of the order or rule would in any way prevent, hinder or delay mitigation of the effects of the emergency.

      (3) During a state of emergency, the Governor has authority to direct any agencies in the state government to utilize and employ state personnel, equipment and facilities for the performance of any activities designed to prevent or alleviate actual or threatened damage due to the emergency, and may direct the agencies to provide supplemental services and equipment to local governments to restore any services in order to provide for the health and safety of the citizens of the affected area. [Formerly 401.065]

 

      401.170 [Amended by 1963 c.179 §1; 1971 c.766 §1; repealed by 1983 c.586 §49]

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2020–2024 · leading case: Elkhorn Baptist Church v. Brown, 466 P.3d 30 (Or. 2020).
Sort: Relevance Newest Treatment
Elkhorn Baptist Church v. Brown, 466 P.3d 30 (Or. 2020). · cites it 9× “168(1); see also ORS 401.168 - 401.198 (setting out additional powers).”
JGB Enter., LLC v. OLCC, 529 P.3d 262 (Or. Ct. App. 2023). “ORS 401.168(1). The Governor also has the “power to enact reasonable regu- lations for the protection of ‘the public health and the public safety.”
Along Came Trudy LLC v. OLCC (Or. Ct. App. 2024). · cites it 2× “That includes “complete authority over all executive agencies of state gov- ernment and the right to exercise, within the area desig- nated in the proclamation, all police powers vested in the state by the Oregon Constitution in order to effectuate the purposes of this chapter,”…”
Graham v. Brown (D. Or. 2021). “441(3)(a), (b), (d), and (f), ORS 401.168(1), and ORS 401.188(1) to (3) and effective 12:01 a.”
— Or. Rev. Stat. § 401.168(1) — 4 cases
Elkhorn Baptist Church v. Brown, 466 P.3d 30 (Or. 2020). “168(1); see also ORS 401.168 - 401.198 (setting out additional powers).”
JGB Enter., LLC v. OLCC, 529 P.3d 262 (Or. Ct. App. 2023). “ORS 401.168(1). The Governor also has the “power to enact reasonable regu- lations for the protection of ‘the public health and the public safety.”
Along Came Trudy LLC v. OLCC (Or. Ct. App. 2024). “That includes “complete authority over all executive agencies of state gov- ernment and the right to exercise, within the area desig- nated in the proclamation, all police powers vested in the state by the Oregon Constitution in order to effectuate the purposes of this chapter,”…”
Graham v. Brown (D. Or. 2021). “441(3)(a), (b), (d), and (f), ORS 401.168(1), and ORS 401.188(1) to (3) and effective 12:01 a.”
— Or. Rev. Stat. § 401.168(2) — 1 case
Elkhorn Baptist Church v. Brown, 466 P.3d 30 (Or. 2020). “168(1); see also ORS 401.168 - 401.198 (setting out additional powers).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.