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Ex. DUT-OR-004 Standing duty Primary source read

Statute: ORS chapter 401 (Emergency Management and Services), the emergency-management act: declaration of a state of emergency (401.165); the Governor's police powers (401.168); rules and orders on commodities, services, industrial plants, labor and child care (401.188); the force of law of emergency rules and orders (401.192); the offense of violating them (401.990)

ORS 401.165, 401.168, 401.175, 401.188, 401.192 and 401.990: the Governor's emergency powers, the 'full force and effect of law' of emergency rules and orders, and the Class C misdemeanor for knowingly violating them

Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition) · Oregon (State)

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The record

Jurisdiction
Oregon
Level
State
Authority
ORS 401.025 (definitions; 'Emergency' includes 'disease'); ORS 401.165 [Formerly 401.055; 2021 c.539 s.33]; ORS 401.168 [Formerly 401.065]; ORS 401.175 [Formerly 401.115; 2020 s.s.2 c.2 ss.1,2; 2021 c.3 ss.1,2]; ORS 401.188 [Formerly 401.085]; ORS 401.192 [Formerly 401.095]; ORS 401.990 [1967 c.480 s.8; 1977 c.248 s.4; 1983 c.586 s.41; 2009 c.718 s.48]
Issued
2026-09-29 Sept. 29, 2026
Effective
standing (in force throughout 2020 and 2021) (read as 2026-09-29)
End
standing
In force
Standing since Sept. 29, 2026 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationStanding dutyOther
Addressees
  • persons generally ('Any person knowingly violating'); every business, employer and individual addressed by a gubernatorial order; State agencies (401.168)
Character
order penalty
Collection
Standing duties: Oregon DUT-OR

Operative words

401.192(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.... 401.990 Any person knowingly violating... any of the rules, regulations or orders adopted and promulgated under this chapter, shall, upon conviction thereof, be guilty of a Class C misdemeanor.

Penalty

Class C misdemeanor upon conviction (401.990): up to 30 days' imprisonment or a fine of $1,250 or both, as EO 20-66 para. 10 recited (Ex. OR-035); the orders themselves have the force of law and displace inconsistent law (401.192(1)).

What it required

Gave every rule and order the Governor issued under ORS 401.165-401.236 'the full force and effect of law both during and after the declaration of a state of emergency,' rendered 'All existing laws, ordinances, rules and orders inconsistent with' them 'inoperative' (401.192(1)), vested the Governor during the emergency with 'all police powers vested in the state by the Oregon Constitution' (401.168(1)) and with power to 'issue, amend and enforce rules and orders' controlling 'the use, sale or distribution of... goods and services' and directing 'utilization of industrial plants, health and medical care,... child care' and 'supply of labor' (401.188(1)-(2)), and made knowing violation of any such order a Class C misdemeanor (401.990), the penalty every Oregon executive order recited (Ex. OR-007 para. 24; OR-017 para. 24; OR-020 para. 26; OR-035 para. 10: 'punishable by up to 30 days in jail or a fine of $1,250 or both').

Retrieval note

Official chapter page rendered Sept. 29, 2026; 52 pages. ORS 401.025(1) defines 'Emergency' to include 'disease.' EO 20-03 (Ex. OR-001) declared the emergency under ORS 401.165; every successor order recites ORS 401.165-401.236 and ORS 433.441-433.452. The Court of Appeals rejected the non-delegation challenge to ORS 401.192 in Along Came Trudy, 330 Or App at 304-05 (DUT-OR-016). Class C misdemeanor maxima (ORS 161.615(3), 161.635(1)(c)) are taken from the orders' own recitals; those sections were not separately saved.