401.192 Effect
of rules and orders during emergency; scope; effect; termination. (1) All rules and orders issued
under authority conferred by ORS 401.165 to 401.236 shall have the full force
and effect of law both during and after the declaration of a state of
emergency. All existing laws, ordinances, rules and orders inconsistent with
ORS 401.165 to 401.236 shall be inoperative during the period of time and to
the extent such inconsistencies exist.
(2) The authority
exercised under ORS 401.165 to 401.236 may be exercised with respect to the
entire territory over which the Governor has jurisdiction, or to any specified
part thereof.
(3) When real or
personal property is taken under power granted by ORS 401.188, the owner of the
property shall be entitled to reasonable compensation from the state.
(4) The powers
granted to the Governor by ORS 401.165 to 401.236 shall continue until
termination of the state of emergency. The powers granted to the Governor by
ORS 401.185 may continue beyond the termination of the state of emergency and
shall be terminated by proclamation of the Governor or by joint resolution of
the Legislative Assembly. [Formerly 401.095]
401.195 [1981 c.763 §2; repealed by 1983
c.586 §49]
Notes of Decisions
Elkhorn Baptist Church v. Brown, 466 P.3d 30 (Or. 2020).
· cites it 4× “” ORS 401.192(1). The legislature has also expressly addressed how any conflict between the stat- utes in chapter 401 and any other laws, ordinances, rules, or orders should be resolved: the statutes in chapter 401 control.”
Along Came Trudy LLC v. OLCC (Or. Ct. App. 2024).
· cites it 11× “In its fourth assignment, petitioner contends that ORS 401.192 violates provisions of the Oregon Constitution, Article I, sections 21 and 22, that prohibit the legislature from delegating law-making functions to the Governor and prohibit the Governor from suspending laws.”
Ass'n of Oregon Corr. Employees v. State of Oregon (D. Or. 2022).
“See ORS 401.192. As such, the Court presumes the Governor acted in good faith and that the voluntary rescission of EO 21-29 and the subsequent rescissions of the DAS and OCE Policies render this action moot.”
Pranger v. Oregon State Univ. (D. Or. 2023).
“The Order further stated: “Pursuant to ORS 401.192(1), the directives set forth in this Executive Order shall have the full force and effect of law[.”
— Or. Rev. Stat. § 401.192(1) — 3 cases
Elkhorn Baptist Church v. Brown, 466 P.3d 30 (Or. 2020).
“” ORS 401.192(1). The legislature has also expressly addressed how any conflict between the stat- utes in chapter 401 and any other laws, ordinances, rules, or orders should be resolved: the statutes in chapter 401 control.”
Along Came Trudy LLC v. OLCC (Or. Ct. App. 2024).
“In its fourth assignment, petitioner contends that ORS 401.192 violates provisions of the Oregon Constitution, Article I, sections 21 and 22, that prohibit the legislature from delegating law-making functions to the Governor and prohibit the Governor from suspending laws.”
Pranger v. Oregon State Univ. (D. Or. 2023).
“The Order further stated: “Pursuant to ORS 401.192(1), the directives set forth in this Executive Order shall have the full force and effect of law[.”
— Or. Rev. Stat. § 401.192(4) — 1 case
Elkhorn Baptist Church v. Brown, 466 P.3d 30 (Or. 2020).
“” ORS 401.192(1). The legislature has also expressly addressed how any conflict between the stat- utes in chapter 401 and any other laws, ordinances, rules, or orders should be resolved: the statutes in chapter 401 control.”
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