{"id":"DUT-OR-004","kind":"duty","level":"state","jurisdiction":"Oregon","state":"OR","metro":"","industry":"","agency":"","eco":"","issuer":"Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition)","authority":"ORS 401.025 (definitions; \u0027Emergency\u0027 includes \u0027disease\u0027); 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]","instrument":"Statute: ORS chapter 401 (Emergency Management and Services), the emergency-management act: declaration of a state of emergency (401.165); the Governor\u0027s 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)","title":"ORS 401.165, 401.168, 401.175, 401.188, 401.192 and 401.990: the Governor\u0027s emergency powers, the \u0027full force and effect of law\u0027 of emergency rules and orders, and the Class C misdemeanor for knowingly violating them","dateIssued":"2026-09-29","effective":"standing (in force throughout 2020 and 2021)","end":"standing","startDate":"2026-09-29","endDate":"","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","EMER","OTHER"],"addressees":["persons generally (\u0027Any person knowingly violating\u0027); every business, employer and individual addressed by a gubernatorial order; State agencies (401.168)"],"clause":"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.","enforcement":"Class C misdemeanor upon conviction (401.990): up to 30 days\u0027 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)).","functions":[],"notes":"Gave every rule and order the Governor issued under ORS 401.165-401.236 \u0027the full force and effect of law both during and after the declaration of a state of emergency,\u0027 rendered \u0027All existing laws, ordinances, rules and orders inconsistent with\u0027 them \u0027inoperative\u0027 (401.192(1)), vested the Governor during the emergency with \u0027all police powers vested in the state by the Oregon Constitution\u0027 (401.168(1)) and with power to \u0027issue, amend and enforce rules and orders\u0027 controlling \u0027the use, sale or distribution of... goods and services\u0027 and directing \u0027utilization of industrial plants, health and medical care,... child care\u0027 and \u0027supply of labor\u0027 (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: \u0027punishable by up to 30 days in jail or a fine of $1,250 or both\u0027).","sourceUrl":"https://www.oregonlegislature.gov/bills_laws/ors/ors401.html","snapshot":"","fileExists":true,"fileBytes":645261,"grade":"primary","character":"order_penalty","description":"","collection":"DUT-OR","url":"/library/DUT-OR-004","exhibitUrl":"/exhibit/DUT-OR-004","citation":"Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition), Statute: ORS chapter 401 (Emergency Management and Services), the emergency-management act: declaration of a state of emergency (401.165); the Governor\u0027s 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) (standing) (Ex. DUT-OR-004)","stateName":"Oregon","related":["OR-007","OR-017","OR-020","OR-035","OR-001","DUT-OR-016","DUT-OR-003","DUT-OR-005","DUT-OR-007"]}