Oregon Revised Statutes

Or. Rev. Stat. § 735.075 (2026)

Discretionary association functions

✓ current as of May 2026

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735.075 Discretionary association functions. The Oregon FAIR Plan Association may:

(1) With the approval of the Director of the Department of Consumer and Business Services, employ or retain such persons and designate such inspection bureaus and service insurers as are necessary to handle applications, inspect and insure property and perform the other duties of the association.

(2) Borrow funds as necessary to carry out ORS 735.005 to 735.145 in such manner as may be specified in the plan.

(3) Sue or be sued.

(4) Negotiate and become a party to such contracts as are necessary to carry out ORS 735.005 to 735.145.

(5) At the end of any calendar year, refund to member insurers, in proportion to each insurer’s payments to the association, the amount by which the board of directors finds that the funds of the association exceed its current liabilities plus the liabilities estimated for the coming year.

(6) Perform such other acts as are necessary or proper to carry out ORS 735.005 to 735.145. [1971 c.321 §9]

Notes of Decisions

Cited in 1 case, 1978–1978 · leading case: Louie v. State, 586 P.2d 364 (Or. Ct. App. 1978).

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Louie v. State, 586 P.2d 364 (Or. Ct. App. 1978). · cites it 4× “However, an ambiguity exists by virtue of ORS 735.075, which enumerates some of the powers of the Association, including that "[t]he association may * * * (3) [s]ue or be sued.”

— Or. Rev. Stat. § 735.075(4) — 1 case

Louie v. State, 586 P.2d 364 (Or. Ct. App. 1978). “However, an ambiguity exists by virtue of ORS 735.075, which enumerates some of the powers of the Association, including that "[t]he association may * * * (3) [s]ue or be sued.”

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