Chapter 180

NOTES OF DECISIONS

      State Accident Insurance Fund Corporation is subject to the provisions of this chapter relating to legal representation. Frohnmayer v. SAIF, 61 Or App 147, 655 P2d 1098 (1982), aff’d 294 Or 570, 660 P2d 1061 (1983)

ATTY. GEN. OPINIONS: Legal business of Oregon Medical Insurance Pool is not part of state’s legal affairs and Attorney General may not provide advice or legal assistance to pool or its board of directors except at request of state officer or agency, (1989) Vol 46, p 155

      180.060

NOTES OF DECISIONS

      Where state officer was real party in interest, Attorney General could properly appear on behalf of named party not otherwise qualifying for such representation. State ex rel Hood v. Purcell, 8 Or App 532, 494 P2d 461 (1972), Sup Ct review denied, cert. denied, 409 US 1061

      Prohibition against Attorney General representing agency unless requested does not impliedly authorize agency to hire own counsel. Frohnmayer v. SAIF, 294 Or 570, 660 P2d 1061 (1983)

ATTY. GEN. OPINIONS: Responsibility for opinion on unauthorized practice of law, (1972) Vol 35, p 1088; reliance upon an opinion of the Attorney General, (1976) Vol 38, p 304; legal business of Oregon Medical Insurance Pool is not part of state’s legal affairs and Attorney General may not provide advice or legal assistance to pool or its board of directors except at request of state officer or agency, (1989) Vol 46, p 155

      180.070

NOTES OF DECISIONS

      Request to public official for investigation of alleged law violations is absolutely privileged. Cushman v. Edgar, 44 Or App 297, 605 P2d 1210 (1980)

LAW REVIEW CITATIONS: 94 OLR 589 (2016)

      180.220

NOTES OF DECISIONS

      State Accident Insurance Fund Corporation is subject to the requirement in this section relating to legal representation. Frohnmayer v. SAIF, 61 Or App 147, 655 P2d 1098 (1982), aff’d 294 Or 570, 660 P2d 1061 (1983)

      Private citizens may not assert derivative claims on behalf of state agency without approval of Attorney General. Hanggi v. Hartford Fire Insurance Co., 132 Or App 601, 889 P2d 365 (1995)

      This section does not bar state agencies from entering into lawyer-client relationship with Legislative Counsel for purpose of requesting bill drafts. Chaimov v. Dept. of Admin. Services, 314 Or App 253, 498 P3d 830 (2021), Sup Ct review allowed

ATTY. GEN. OPINIONS: Legal business of Oregon Medical Insurance Pool is not part of state’s legal affairs and Attorney General may not provide advice or legal assistance to pool or its board of directors except at request of state officer or agency, (1989) Vol 46, p 155; higher education student governments as state entities for purposes of receiving legal advice only from Department of Justice, (1996) Vol 48, p 40

LAW REVIEW CITATIONS: 51 OLR 702 (1972); 94 OLR 589 (2016)

      180.240

NOTES OF DECISIONS

      Assistant attorneys general could properly be appointed by district attorney to act as deputy district attorneys. State v. Coleman, 131 Or App 386, 886 P2d 28 (1994), Sup Ct review denied

      180.440

NOTES OF DECISIONS

      Prohibition against selling, offering to sell or possessing cigarettes from manufacturers not included in directory applies regardless of whether cigarettes have Oregon tax stamp. State v. Maybee, 235 Or App 292, 232 P3d 970 (2010), Sup Ct review denied

      Sales that occur in this state include sales of cigarettes from out-of-state sellers to in-state purchasers. State v. Maybee, 235 Or App 292, 232 P3d 970 (2010), Sup Ct review denied

      180.510

LAW REVIEW CITATIONS: 54 OLR 131 (1975)

      180.610

LAW REVIEW CITATIONS: 94 OLR 589 (2016)

      180.805

LAW REVIEW CITATIONS: 22 LCLR 625 (2018)