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ORS 179.040

Applied in 8 court decisions — leading case Potter v. McCall (1970)

Most recently applied in 338 Or. App. 643 - Justice Resource Center v. Dept. of Corrections (March 2025)

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

How often courts cite this section

197019801990200020102020202510
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.