General Provisions
Substantive Provisions
Indemnification of Directors
Formation of Cooperatives
Amendment of Articles
Conversions and Mergers
Dissolution
Foreign Cooperatives
Employee Cooperatives
Manufactured Dwelling Park Cooperatives
Miscellaneous Provisions
Penalty
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Terms Used In Oregon Statutes > Chapter 62 - Cooperatives

  • Accredited naturopathic school or college: means a naturopathic school or college that offers a four-year full-time resident program of study in naturopathy that:

    (a) Leads to a doctoral degree in naturopathic medicine; and

    (b) Is approved by the Oregon Board of Naturopathic Medicine to meet the standards specifically incorporated into board rules. See Oregon Statutes 685.010

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Action: means any proceeding commenced in a court in which the court may render a judgment. See Oregon Statutes 18.005
  • Active senior: means a person who:

    (a) Is licensed under ORS § 684. See Oregon Statutes 684.010

  • Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
  • Administer: means the direct application of a drug or device whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:

    (a) A practitioner or the practitioner's authorized agent; or

    (b) The patient or research subject at the direction of the practitioner. See Oregon Statutes 689.005

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency: means any state board, commission, department, or division thereof, or officer authorized by law to make rules or to issue orders, except those in the legislative and judicial branches. See Oregon Statutes 183.310
  • Allegation: something that someone says happened.
  • Ambulance service: means a person, governmental unit or other entity that operates ambulances and that holds itself out as providing prehospital care or medical transportation to persons who are ill or injured or who have disabilities. See Oregon Statutes 682.025
  • ambulance vehicle: means a privately or publicly owned motor vehicle, aircraft or watercraft that is regularly provided or offered to be provided for the emergency transportation of persons who are ill or injured or who have disabilities. See Oregon Statutes 682.025
  • Amortization: Paying off a loan by regular installments.
  • Animal medical problem: means any wound, injury, disease, discomfort, abnormality, deformity or defect of an animal. See Oregon Statutes 686.010
  • Anniversary: means the day each year exactly one or more years after:

    (a) The date on which the Secretary of State files the articles of incorporation for a cooperative. See Oregon Statutes 62.015

  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Any other state: includes any state and the District of Columbia. See Oregon Statutes 174.100
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Approved continuing pharmacy education program: means those seminars, classes, meetings, workshops and other educational programs on the subject of pharmacy approved by the State Board of Pharmacy. See Oregon Statutes 689.005
  • Approved school of medicine: means a school offering a full-time resident program of study in medicine or osteopathic medicine leading to a degree of Doctor of Medicine or Doctor of Osteopathic Medicine, such program having been fully accredited or conditionally approved by the Liaison Committee on Medical Education, or its successor agency, or the American Osteopathic Association, or its successor agency, or having been otherwise determined by the board to meet the association standards as specifically incorporated into board rules. See Oregon Statutes 677.010
  • Arrest: Taking physical custody of a person by lawful authority.
  • Articles: means articles of incorporation, articles of conversion or articles of merger. See Oregon Statutes 62.015
  • Assessment: means any charge imposed or levied by the association of unit owners on or against a unit owner or unit pursuant to provisions of the declaration or the bylaws of the condominium or provisions of this chapter. See Oregon Statutes 100.005
  • Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
  • association: means the association provided for under ORS § 100. See Oregon Statutes 100.005
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Blanket encumbrance: means a trust deed or mortgage or any other lien or encumbrance, mechanic's lien or otherwise, securing or evidencing the payment of money and affecting more than one unit in a condominium, or an agreement affecting more than one such unit by which the developer holds such condominium under an option, contract to sell or trust agreement. See Oregon Statutes 100.005
  • Board: means the Oregon Medical Board. See Oregon Statutes 677.010
  • Board: means the Oregon State Veterinary Medical Examining Board. See Oregon Statutes 686.010
  • Board: means board of directors. See Oregon Statutes 62.015
  • Bond: means a contractual undertaking or instrument of a public body to repay borrowed moneys. See Oregon Statutes 287A.001
  • Building: means a multiple-unit building or single-unit buildings, or any combination thereof, comprising a part of the property. See Oregon Statutes 100.005
  • Capital construction: has the meaning given that term in ORS § 310. See Oregon Statutes 287A.001
  • Capital costs: has the meaning given that term in ORS § 310. See Oregon Statutes 287A.001
  • Capital improvements: has the meaning given that term in ORS § 310. See Oregon Statutes 287A.001
  • charging station: means a facility designed to deliver electrical current for the purpose of charging one or more electric motor vehicles. See Oregon Statutes 100.005
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Chiropractic physician: means a person licensed by ORS § 677. See Oregon Statutes 684.010
  • City: includes any incorporated village or town. See Oregon Statutes 174.100
  • Clinical pharmacy agreement: means an agreement between a pharmacist or pharmacy and a health care organization or a physician as defined in ORS § 677. See Oregon Statutes 689.005
  • Commission: means the Oregon Transportation Commission. See Oregon Statutes 366.005
  • Commissioner: means the Real Estate Commissioner. See Oregon Statutes 100.005
  • Common elements: means the general common elements and the limited common elements. See Oregon Statutes 100.005
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conditional license: means a license issued to an applicant under ORS § 681. See Oregon Statutes 681.205
  • condominium unit: means a part of the property which:

    (a) Is described in ORS § 100. See Oregon Statutes 100.005

  • Conservator: means a person appointed as a conservator under the provisions of this chapter. See Oregon Statutes 125.005
  • Contested case: means a proceeding before an agency:

    (A) In which the individual legal rights, duties or privileges of specific parties are required by statute or Constitution to be determined only after an agency hearing at which such specific parties are entitled to appear and be heard;

    (B) Where the agency has discretion to suspend or revoke a right or privilege of a person;

    (C) For the suspension, revocation or refusal to renew or issue a license where the licensee or applicant for a license demands such hearing; or

    (D) Where the agency by rule or order provides for hearings substantially of the character required by ORS § 183. See Oregon Statutes 183.310

  • Continuance: Putting off of a hearing ot trial until a later time.
  • Continuing pharmacy education unit: means the unit of measurement of credits for approved continuing education courses and programs. See Oregon Statutes 689.005
  • Conversion condominium: means real property that a declarant intends to submit to the condominium form of ownership under this chapter on which there is a building, improvement or structure that was occupied prior to any negotiation and that is:

    (a) Residential in nature, at least in part; and

    (b) Not wholly commercial or industrial, or commercial and industrial, in nature. See Oregon Statutes 100.005

  • Cooperative: means a cooperative corporation that is subject to the provisions of this chapter. See Oregon Statutes 62.015
  • Corporation: means a corporation that is not a cooperative. See Oregon Statutes 62.015
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County court: includes board of county commissioners. See Oregon Statutes 174.100
  • Court administrator: means a trial court administrator in a circuit court that has a trial court administrator and the clerk of the court in all other courts. See Oregon Statutes 18.005
  • Credit enhancement device: means a letter of credit, line of credit, standby bond purchase agreement, bond insurance policy, reserve surety bond or other device or facility used to enhance the creditworthiness, liquidity or marketability of bonds or agreements for exchange of interest rates. See Oregon Statutes 287A.001
  • Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. Source: OCC
  • Decedent: A deceased person.
  • Declarant: means a person who records a declaration under ORS § 100. See Oregon Statutes 100.005
  • Declaration: means the instrument described in ORS § 100. See Oregon Statutes 100.005
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • delivery: means the actual, constructive or attempted transfer of a drug or device other than by administration from one person to another, whether or not for a consideration. See Oregon Statutes 689.005
  • Delivery: means a method of delivery that is used in conventional commercial practice and includes hand delivery, mail delivery, commercial delivery and electronic transmission. See Oregon Statutes 62.015
  • Dental assistant: means a person who, under the supervision of a dentist or dental therapist, renders assistance to a dentist, dental therapist, dental hygienist, dental technician or another dental assistant or who, under the supervision of a dental hygienist, renders assistance to a dental hygienist providing dental hygiene. See Oregon Statutes 679.010
  • Dental hygienist: means a person who, under the supervision of a dentist, practices dental hygiene. See Oregon Statutes 679.010
  • Dental technician: means a person who, at the authorization of a dentist, makes, provides, repairs or alters oral prosthetic appliances and other artificial materials and devices that are returned to a dentist and inserted into the human oral cavity or that come in contact with its adjacent structures and tissues. See Oregon Statutes 679.010
  • Dental therapist: means a person licensed to practice dental therapy under ORS § 679. See Oregon Statutes 679.010
  • Dental therapy: means the provision of preventive dental care, restorative dental treatment and other educational, clinical and therapeutic patient services as part of a dental care team, including the services described under ORS § 679. See Oregon Statutes 679.010
  • Dentist: means a person who may perform any intraoral or extraoral procedure required in the practice of dentistry. See Oregon Statutes 679.010
  • Dentist of record: means a dentist that either authorizes treatment for, supervises treatment of or provides treatment for a patient in a dental office or clinic owned or operated by an institution as described in ORS § 679. See Oregon Statutes 679.010
  • Dentistry: means the healing art concerned with:

    (A) The examination, diagnosis, treatment planning, treatment, care and prevention of conditions within the human oral cavity and maxillofacial region, and of conditions of adjacent or related tissues and structures; and

    (B) The prescribing, dispensing and administering of prescription drugs for purposes related to the activities described in subparagraph (A) of this paragraph. See Oregon Statutes 679.010

  • Department: means the Department of Transportation. See Oregon Statutes 366.005
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Developer: means a declarant or any person that acquires an interest in a condominium from declarant, successor declarant or subsequent developer for the primary purpose of resale. See Oregon Statutes 100.005
  • Device: means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar or related article, including any component part or accessory, which is required under federal or state law to be prescribed by a practitioner and dispensed by a pharmacist. See Oregon Statutes 689.005
  • Devise: To gift property by will.
  • Diagnose: means to examine another person in any manner to determine the source or nature of a disease or other physical or mental condition, or to hold oneself out or represent that a person is so examining another person. See Oregon Statutes 677.010
  • Direct supervision: means supervision requiring that a dentist diagnose the condition to be treated, that a dentist authorize the procedure to be performed, and that a dentist remain in the dental treatment room while the procedures are performed. See Oregon Statutes 679.010
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Dispense: means the preparation and delivery of a prescription drug, pursuant to a lawful order of a practitioner, in a suitable container appropriately labeled for subsequent administration to or use by a patient or other individual entitled to receive the prescription drug. See Oregon Statutes 677.010
  • dispensing: means the preparation and delivery of a prescription drug pursuant to a lawful order of a practitioner in a suitable container appropriately labeled for subsequent administration to or use by a patient or other individual entitled to receive the prescription drug. See Oregon Statutes 689.005
  • Dispensing physician: means a physician or podiatric physician and surgeon who purchases prescription drugs for the purpose of dispensing them to patients or other individuals entitled to receive the prescription drug and who dispenses them accordingly. See Oregon Statutes 677.010
  • Distribute: means the delivery of a drug other than by administering or dispensing. See Oregon Statutes 689.005
  • Docket: A log containing brief entries of court proceedings.
  • Domestic limited liability company: means an entity that is an unincorporated association that has one or more members and that is organized under ORS Chapter 63. See Oregon Statutes 62.015
  • Domestic nonprofit corporation: means a corporation not for profit that is incorporated under ORS Chapter 65. See Oregon Statutes 62.015
  • Donor: The person who makes a gift.
  • Drug: means all medicines and preparations for internal or external use of humans, intended to be used for the cure, mitigation or prevention of diseases or abnormalities of humans, which are recognized in any published United States Pharmacopoeia or National Formulary, or otherwise established as a drug. See Oregon Statutes 677.010
  • Drug order: means a written order, in a hospital or other inpatient care facility, for an ultimate user of any drug or device issued and signed by a practitioner, or an order transmitted by other means of communication from a practitioner, that is immediately reduced to writing by a pharmacist, licensed nurse or other practitioner. See Oregon Statutes 689.005
  • Drug outlet: means a pharmacy, nursing home, shelter home, convalescent home, extended care facility, drug abuse treatment center, penal institution, hospital, family planning clinic, student health center, retail store, wholesaler, manufacturer, mail-order vendor or other establishment with facilities located within or out of this state that is engaged in dispensing, delivery or distribution of drugs within this state. See Oregon Statutes 689.005
  • Drug room: means a secure and lockable location within an inpatient care facility that does not have a licensed pharmacy. See Oregon Statutes 689.005
  • Drugs: means all medicines and preparations and all substances, except over-the-counter nonprescription substances, food, water and nutritional supplements taken orally, used or intended to be used for the diagnosis, cure, treatment, mitigation or prevention of diseases or abnormalities of humans, which are recognized in the latest editions of the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia, official National Formulary, or any supplement to any of them, or otherwise established as drugs. See Oregon Statutes 684.010
  • Economic effect: means the economic impact on affected businesses by and the costs of compliance, if any, with a rule for businesses, including but not limited to the costs of equipment, supplies, labor and administration. See Oregon Statutes 183.310
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Electronic signature: has the meaning given that term in ORS § 84. See Oregon Statutes 62.015
  • electronic transmission: means a communication sent or received through technological apparatuses, including computer terminals or other equipment or mechanisms linked by telephone or microwave relays, or similar apparatus having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See Oregon Statutes 689.005
  • Electronic transmission: means a method of communicating information that:

    (a) Does not directly involve a transfer of a physical object that embodies the communication; and

    (b) Enables the recipient to store, retrieve and reproduce the information. See Oregon Statutes 62.015

  • Emergency care: means the performance of acts or procedures under emergency conditions in the observation, care and counsel of persons who are ill or injured or who have disabilities; in the administration of care or medications prescribed by a licensed physician or naturopathic physician, insofar as any of these acts is based upon knowledge and application of the principles of biological, physical and social science as required by a completed course utilizing an approved curriculum in prehospital emergency care. See Oregon Statutes 682.025
  • Emergency medical services provider: means a person who has received formal training in prehospital and emergency care, and is licensed to attend any person who is ill or injured or who has a disability. See Oregon Statutes 682.025
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Ex officio: Literally, by virtue of one's office.
  • executive department: means all statewide elected officers other than judges, and all boards, commissions, departments, divisions and other entities, without regard to the designation given to those entities, that are within the executive branch of government as described in Article III, section 1, of the Oregon Constitution, and that are not:

    (a) In the judicial department or the legislative department;

    (b) Local governments; or

    (c) Special government bodies. See Oregon Statutes 174.112

  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • Exhibits: means exhibits offered and received or rejected in the trial court. See Oregon Statutes 19.005
  • Expanded practice dental hygienist: means a dental hygienist who performs dental hygiene services in accordance with ORS § 680. See Oregon Statutes 679.010
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Farm use: has the meaning given that term in ORS § 215. See Oregon Statutes 215.010
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fellow: means an individual who has not qualified under ORS § 677. See Oregon Statutes 677.010
  • Fiduciary: A trustee, executor, or administrator.
  • Fiduciary: means a guardian or conservator appointed under the provisions of this chapter or any other person appointed by a court to assume duties with respect to a protected person under the provisions of this chapter. See Oregon Statutes 125.005
  • Final order: means final agency action expressed in writing. See Oregon Statutes 183.310
  • Financially incapable: means a condition in which a person is unable to manage financial resources of the person effectively for reasons including, but not limited to, mental illness, mental retardation, physical illness or disability, chronic use of drugs or controlled substances, chronic intoxication, confinement, detention by a foreign power or disappearance. See Oregon Statutes 125.005
  • Flexible condominium: means a condominium containing variable property that may be redesignated, reclassified or withdrawn from the condominium pursuant to ORS § 100. See Oregon Statutes 100.005
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreign cooperative: means a cooperative corporation that is organized under laws other than the laws of this state. See Oregon Statutes 62.015
  • Foreign corporation: means a corporation for profit that is incorporated under laws other than the laws of this state. See Oregon Statutes 62.015
  • Foreign limited liability company: means an entity that is an unincorporated association organized under laws other than the laws of this state and that is organized under a statute under which an association may be formed that affords to each of the entity's members limited liability with respect to liabilities of the entity. See Oregon Statutes 62.015
  • Foreign nonprofit corporation: means a corporation not for profit that is organized under laws other than the laws of this state. See Oregon Statutes 62.015
  • Foreign professional corporation: means a professional corporation that is organized under laws other than the laws of this state. See Oregon Statutes 62.015
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gender identity: means an individual's gender-related identity, appearance, expression or behavior, regardless of whether the identity, appearance, expression or behavior differs from that associated with the gender assigned to the individual at birth. See Oregon Statutes 174.100
  • General supervision: means supervision requiring that a dentist authorize the procedures by standing orders, practice agreements or collaboration agreements, but not requiring that a dentist be present when the authorized procedures are performed. See Oregon Statutes 679.010
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governmental unit: means the state or any county, municipality or other political subdivision or any department, board or other agency of any of them. See Oregon Statutes 682.025
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: means a person appointed as a guardian under the provisions of this chapter. See Oregon Statutes 125.005
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Hearing officer: includes an administrative law judge. See Oregon Statutes 183.310
  • Highway: means every public way, road, street, thoroughfare and place, including bridges, viaducts and other structures within the boundaries of this state, open, used or intended for use of the general public for vehicles or vehicular traffic as a matter of right. See Oregon Statutes 366.005
  • Highway: means every public way, thoroughfare and place, including bridges, viaducts and other structures within the boundaries of this state, used or intended for the use of the general public for vehicles. See Oregon Statutes 682.025
  • Highway fund: means the State Highway Fund. See Oregon Statutes 366.005
  • Incapacitated: means a condition in which a person's ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the person presently lacks the capacity to meet the essential requirements for the person's physical health or safety. See Oregon Statutes 125.005
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Indirect supervision: means supervision requiring that a dentist authorize the procedures and that a dentist be on the premises while the procedures are performed. See Oregon Statutes 679.010
  • Injectable hormonal contraceptive: means a drug composed of a hormone or a combination of hormones that is approved by the United States Food and Drug Administration to prevent pregnancy and that a health care practitioner administers to the patient by injection. See Oregon Statutes 689.005
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Institutional drug outlet: means hospitals and inpatient care facilities where medications are dispensed to another health care professional for administration to patients served by the hospitals or facilities. See Oregon Statutes 689.005
  • Inter vivos: Transfer of property from one living person to another living person.
  • Intern: means a person who is enrolled in or has completed a course of study at a school or college of pharmacy approved by the board and who is licensed with the board as an intern. See Oregon Statutes 689.005
  • Internship: means a professional experiential program approved by the board under the supervision of a licensed pharmacist registered with the board as a preceptor. See Oregon Statutes 689.005
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Intestate: Dying without leaving a will.
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Judgment: means a judgment or appealable order, as provided in ORS § 19. See Oregon Statutes 19.005
  • Judgment document: means a writing in the form provided by ORS § 18. See Oregon Statutes 18.005
  • judicial department: means the Supreme Court, the Court of Appeals, the Oregon Tax Court, the circuit courts and all administrative divisions of those courts, whether denominated as boards, commissions, committees or departments or by any other designation. See Oregon Statutes 174.113
  • Jurisprudence: The study of law and the structure of the legal system.
  • Juror: A person who is on the jury.
  • Jury instructions: A judge's directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply. Source: U.S. Courts
  • Labeling: means the process of preparing and affixing of a label to any drug container exclusive, however, of the labeling by a manufacturer, packer or distributor of a nonprescription drug or commercially packaged legend drug or device. See Oregon Statutes 689.005
  • Leasehold: means the interest of a person, firm or corporation that is the lessee under a lease from the owner in fee and that files a declaration creating a condominium under ORS § 100. See Oregon Statutes 100.005
  • legend drug: means a drug that is:

    (a) Required by federal law, prior to being dispensed or delivered, to be labeled with either of the following statements:

    (A) 'Caution: Federal law prohibits dispensing without prescription'; or

    (B) 'Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian'; or

    (b) Required by any applicable federal or state law or regulation to be dispensed on prescription only or is restricted to use by practitioners only. See Oregon Statutes 689.005

  • legislative department: means the Legislative Assembly, the committees of the Legislative Assembly and all administrative divisions of the Legislative Assembly and its committees, whether denominated as boards, commissions or departments or by any other designation. See Oregon Statutes 174.114
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means permission to practice, whether by license, registration or certification. See Oregon Statutes 677.010
  • License: includes the whole or part of any agency permit, certificate, approval, registration or similar form of permission required by law to pursue any commercial activity, trade, occupation or profession. See Oregon Statutes 183.310
  • Licensee: means an individual holding a valid license issued by the board. See Oregon Statutes 677.010
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Limited common elements: means those common elements designated in the declaration, as reserved for the use of a certain unit or number of units, to the exclusion of the other units. See Oregon Statutes 100.005
  • Lineal descendant: Direct descendant of the same ancestors.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Manufacture: means the production, preparation, propagation, compounding, conversion or processing of a device or a drug, either directly or indirectly by extraction from substances of natural origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repackaging of the substances or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a drug by an individual for their own use or the preparation, compounding, packaging or labeling of a drug:

    (a) By a practitioner as an incident to administering or dispensing of a drug in the course of professional practice; or

    (b) By a practitioner or by the practitioner's authorization under supervision of the practitioner for the purpose of or as an incident to research, teaching or chemical analysis and not for sale. See Oregon Statutes 689.005

  • Manufacturer: means a person engaged in the manufacture of drugs. See Oregon Statutes 689.005
  • Member: means a person that is qualified and accepted for membership in a cooperative. See Oregon Statutes 62.015
  • Membership stock: means any class of stock, continuous ownership of which is required for membership in a cooperative. See Oregon Statutes 62.015
  • Minor: means any person who has not attained 18 years of age. See Oregon Statutes 125.005
  • Minor surgery: means the use of electrical or other methods for the surgical repair and care incident thereto of superficial lacerations and abrasions, benign superficial lesions, and the removal of foreign bodies located in the superficial structures; and the use of antiseptics and local anesthetics in connection therewith. See Oregon Statutes 684.010
  • Minor surgery: means the use of electrical or other methods for the surgical repair and care incident thereto of superficial lacerations and abrasions, benign superficial lesions and the removal of foreign bodies located in the superficial structures; and the use of antiseptics and local anesthetics in connection therewith. See Oregon Statutes 685.010
  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • Money award: means a judgment or portion of a judgment that requires the payment of money. See Oregon Statutes 18.005
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagee: means any person who is:

    (a) A mortgagee under a mortgage;

    (b) A beneficiary under a trust deed; or

    (c) The vendor under a land sale contract. See Oregon Statutes 100.005

  • Naturopathic medicine: means the discipline that includes physiotherapy, natural healing processes and minor surgery and has as its objective the maintaining of the body in, or of restoring it to, a state of normal health. See Oregon Statutes 685.010
  • Naturopathic physician: means a person who holds a degree of Doctor of Naturopathic Medicine and is licensed under this chapter. See Oregon Statutes 685.010
  • Nonemergency care: means the performance of acts or procedures on a patient who is not expected to die, become permanently disabled or suffer permanent harm within the next 24 hours, including but not limited to observation, care and counsel of a patient and the administration of medications prescribed by a physician licensed under ORS Chapter 677 or naturopathic physician licensed under ORS Chapter 685, insofar as any of those acts are based upon knowledge and application of the principles of biological, physical and social science and are performed in accordance with scope of practice rules adopted by the Oregon Medical Board or Oregon Board of Naturopathic Medicine in the course of providing prehospital care. See Oregon Statutes 682.025
  • Nonprescription drug outlet: means a business or other establishment that is open to the general public for the sale or nonprofit distribution of nonprescription drugs and is registered under ORS § 689. See Oregon Statutes 689.005
  • Nonprescription drugs: means drugs that may be sold without a prescription and that are prepackaged for use by the consumer and labeled in accordance with the requirements of the statutes and regulations of this state and the federal government. See Oregon Statutes 689.005
  • Notice of appeal: includes a notice of cross-appeal. See Oregon Statutes 19.005
  • Oath: A promise to tell the truth.
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Order: includes any agency determination or decision issued in connection with a contested case proceeding. See Oregon Statutes 183.310
  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means the person having all the incidents of ownership in an ambulance service or an ambulance vehicle or where the incidents of ownership are in different persons, the person, other than a security interest holder or lessor, entitled to the possession of an ambulance vehicle or operation of an ambulance service under a security agreement or a lease for a term of 10 or more successive days. See Oregon Statutes 682.025
  • Patient: means a person who is ill or injured or who has a disability and who receives emergency or nonemergency care from an emergency medical services provider. See Oregon Statutes 682.025
  • Person: means an individual, corporation, partnership, association or other legal entity. See Oregon Statutes 689.005
  • Person: means an individual, corporation, association, firm, partnership, joint stock company, cooperative or foreign cooperative. See Oregon Statutes 62.015
  • Person: means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other than an agency. See Oregon Statutes 183.310
  • person with a disability: means any person who:

    (a) Has a physical or mental impairment which substantially limits one or more major life activities;

    (b) Has a record of such an impairment; or

    (c) Is regarded as having such an impairment. See Oregon Statutes 174.107

  • Pharmacist: means an individual licensed by this state to engage in the practice of pharmacy or to engage in the practice of clinical pharmacy. See Oregon Statutes 689.005
  • Pharmacy: means a place that meets the requirements of rules of the board, is licensed and approved by the board where the practice of pharmacy may lawfully occur and includes apothecaries, drug stores, dispensaries, hospital outpatient pharmacies, pharmacy departments and prescription laboratories but does not include a place used by a manufacturer or wholesaler. See Oregon Statutes 689.005
  • Pharmacy technician: means a person licensed by the board who assists in the practice of pharmacy pursuant to rules of the board. See Oregon Statutes 689.005
  • Physical incapacity: means a condition that renders an individual licensed under this chapter unable to practice under that license with professional skill and safety by reason of physical illness or physical deterioration that adversely affects cognition, motor or perceptive skill. See Oregon Statutes 677.010
  • Physician: means a person who holds a degree of Doctor of Medicine or Doctor of Osteopathic Medicine, or a person who holds a degree of Doctor of Podiatric Medicine if the context in which the term 'physician' is used does not authorize or require the person to practice outside the scope of a license issued under ORS § 677. See Oregon Statutes 677.010
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Podiatric physician and surgeon: means a physician licensed under ORS § 677. See Oregon Statutes 677.010
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Practitioner: means a person licensed and operating within the scope of such license to prescribe, dispense, conduct research with respect to or administer drugs in the course of professional practice or research:

    (a) In this state; or

    (b) In another state or territory of the United States if the person does not reside in Oregon and is registered under the federal Controlled Substances Act. See Oregon Statutes 689.005

  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Preceptor: means a pharmacist or a person licensed by the board to supervise the internship training of a licensed intern. See Oregon Statutes 689.005
  • Prehospital care: means care rendered by emergency medical services providers as an incident of the operation of an ambulance and care rendered by emergency medical services providers as incidents of other public or private safety duties, and includes, but is not limited to, 'emergency care. See Oregon Statutes 682.025
  • Prescribe: means to direct, order or designate the use of or manner of using by spoken or written words or other means. See Oregon Statutes 677.010
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protected person: means a person for whom a protective order has been entered. See Oregon Statutes 125.005
  • Protective order: means an order of a court appointing a fiduciary or any other order of the court entered for the purpose of protecting the person or estate of a respondent or protected person. See Oregon Statutes 125.005
  • Protective proceeding: means a proceeding under this chapter. See Oregon Statutes 125.005
  • public notice: means any legal publication which requires an affidavit of publication as required in ORS § 193. See Oregon Statutes 174.104
  • Purchaser: means an actual or prospective purchaser of a condominium unit pursuant to a sale. See Oregon Statutes 100.005
  • Recess: A temporary interruption of the legislative business.
  • record of the case: means the trial court file and any transcript, narrative statement and exhibits. See Oregon Statutes 19.005
  • Recorded: means to cause to be recorded by the county officer in the real property records for each county in which the condominium is located. See Oregon Statutes 100.005
  • Recording officer: means the county officer charged with the duty of filing and recording deeds and mortgages or any other instruments or documents affecting the title to real property. See Oregon Statutes 100.005
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Resident: means an individual who, after the first year of post-graduate training, in order to qualify for some particular specialty in the field of medicine, pursues a special line of study as part of a supervised program of a hospital approved by the board. See Oregon Statutes 677.010
  • Respondent: means a person for whom entry of a protective order is sought in a petition filed under ORS § 125. See Oregon Statutes 125.005
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retail drug outlet: means a place used for the conduct of the retail sale, administering or dispensing or compounding of drugs or chemicals or for the administering or dispensing of prescriptions and licensed by the board as a place where the practice of pharmacy may lawfully occur. See Oregon Statutes 689.005
  • Revenue: means all fees, tolls, excise taxes, assessments, property taxes and other taxes, rates, charges, rentals and other income or receipts derived by a state agency or to which a state agency is entitled. See Oregon Statutes 286A.001
  • Revenue: means all fees, tolls, excise taxes, assessments, property taxes and other taxes, rates, charges, rentals and other income or receipts derived by a public body or to which a public body is entitled. See Oregon Statutes 287A.001
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Rule: means any agency directive, standard, regulation or statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of any agency. See Oregon Statutes 183.310
  • Sale: means any disposition or transfer of a condominium unit, or an interest or estate therein, by a developer, including the offering of the property as a prize or gift when a monetary charge or consideration for whatever purpose is required by the developer. See Oregon Statutes 100.005
  • Scope of practice: means the maximum level of emergency or nonemergency care that an emergency medical services provider may provide. See Oregon Statutes 682.025
  • Self-administered hormonal contraceptive: means a drug composed of a hormone or a combination of hormones that is approved by the United States Food and Drug Administration to prevent pregnancy and that the patient to whom the drug is prescribed may administer to oneself. See Oregon Statutes 689.005
  • Service of process: The service of writs or summonses to the appropriate party.
  • Sexual orientation: means an individual's actual or perceived heterosexuality, homosexuality or bisexuality. See Oregon Statutes 174.100
  • Shareholder: means a holder of shares of capital stock of a cooperative other than membership stock. See Oregon Statutes 62.015
  • Signature: means a manual, facsimile, conformed or electronic signature. See Oregon Statutes 62.015
  • Small business: means a corporation, partnership, sole proprietorship or other legal entity formed for the purpose of making a profit, which is independently owned and operated from all other businesses and which has 50 or fewer employees. See Oregon Statutes 183.310
  • special government body: means any of the following:

    (a) A public corporation created under a statute of this state and specifically designated as a public corporation. See Oregon Statutes 174.117

  • Speech-language pathologist: means a person who practices speech-language pathology and who uses publicly any title or description of services including but not limited to the words 'speech-language pathologist,' 'speech correctionist,' 'speech therapist,' 'speech clinician,' 'language pathologist,' 'language therapist' or any similar titles or descriptions of services. See Oregon Statutes 681.205
  • Staged condominium: means a condominium that provides for annexation of additional property pursuant to ORS § 100. See Oregon Statutes 100.005
  • Standing orders: means the written protocols that an emergency medical services provider follows to treat patients when direct contact with a physician is not maintained. See Oregon Statutes 682.025
  • state government: means the executive department, the judicial department and the legislative department. See Oregon Statutes 174.111
  • State highway: means any road or highway designated as such by law or by the Oregon Transportation Commission pursuant to law and includes both primary and secondary state highways. See Oregon Statutes 366.005
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supervising physician: means a physician licensed under ORS § 677. See Oregon Statutes 682.025
  • Supplemental judgment: means a judgment that may be rendered after a general judgment pursuant to a legal authority. See Oregon Statutes 18.005
  • Support award: means a money award or agency order that requires the payment of child or spousal support. See Oregon Statutes 18.005
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Termination date: means that date described in ORS § 100. See Oregon Statutes 100.005
  • Testate: To die leaving a will.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Third-party logistics provider: means an entity that:

    (a) Provides or coordinates warehousing of, or other logistics services for, a product in interstate commerce on behalf of a manufacturer, wholesale distributor or dispenser of the product; and

    (b) Does not take ownership of, or have responsibility to direct the sale or disposition of, the product. See Oregon Statutes 689.005

  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Tract: means one or more contiguous lots or parcels under the same ownership. See Oregon Statutes 215.010
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transcript: means the transcript of the court reporter's report as provided in ORS § 8. See Oregon Statutes 19.005
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trial court file: means all the original papers filed in the trial court whether before or after judgment, including but not limited to the summons and proof of service thereof, pleadings, motions, affidavits, depositions, stipulations, orders, jury instructions, the judgment, the notice of appeal and the undertaking on appeal. See Oregon Statutes 19.005
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Turnover meeting: means the meeting provided for under ORS § 100. See Oregon Statutes 100.005
  • Undertaking on appeal: includes undertakings for costs and supersedeas undertakings. See Oregon Statutes 19.005
  • Unit designation: means the number, letter or combination thereof designating a unit in the declaration and on the plat. See Oregon Statutes 100.005
  • Unit dose: means a sealed single-unit container so designed that the contents are administered to the patient as a single dose, direct from the container. See Oregon Statutes 689.005
  • Unprofessional conduct: as used in this chapter includes but is not limited to the following:

    (a) Obtaining any fee by fraud or misrepresentation. See Oregon Statutes 679.140

  • Unprofessional conduct: means conduct unbecoming a person licensed to perform emergency care, or detrimental to the best interests of the public and includes:

    (a) Any conduct or practice contrary to recognized standards of ethics of the medical profession or any conduct or practice which does or might constitute a danger to the health or safety of a patient or the public or any conduct, practice or condition which does or might impair an emergency medical services provider's ability safely and skillfully to practice emergency or nonemergency care;

    (b) Willful performance of any medical treatment which is contrary to acceptable medical standards; and

    (c) Willful and consistent utilization of medical service for treatment which is or may be considered inappropriate or unnecessary. See Oregon Statutes 682.025

  • Variable property: means property described in ORS § 100. See Oregon Statutes 100.005
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Veterinary facility: has the meaning given that term by the board by rule. See Oregon Statutes 686.010
  • Veterinary technician: means an individual who has received a certificate in veterinary technology, or a comparable certificate, from a recognized college or university approved by the Oregon State Veterinary Medical Examining Board, or an individual employed as a veterinary technician who has had at least four calendar years of on-the-job training in the technical procedures certified by a licensed veterinarian who presented the instruction. See Oregon Statutes 686.010
  • Voting rights: means the portion of the votes allocated to a unit by the declaration in accordance with ORS § 100. See Oregon Statutes 100.005
  • Wholesale distributor drug outlet: means a person, other than a manufacturer, manufacturer's colicensed partner, third-party logistics provider or repackager, as defined in 21 U. See Oregon Statutes 689.005
  • wife: means spouses or a spouse in a marriage. See Oregon Statutes 174.100