How long do Oregon's revolving-door restrictions bar former insurance and banking regulators from going to work for the industries they used to regulate?

Subject

Kerry E. Barnett, Director, Department of Consumer and Business Services

Plain-English summary

Oregon's "revolving door" statute, ORS 244.045, restricted certain regulators from immediately walking out the door and into the industries they had regulated. The 1997 opinion sorted out three messy questions about how that statute applied to officials of the Department of Consumer and Business Services (DCBS) and its predecessor, the Department of Insurance and Finance (DIF).

First, the AG worked through which officials the statute covered after the legislature reshuffled the names of these agencies in 1987 and 1993. The DIF director was covered between 1987 and the office's abolition in 1993. From 1993 onward, the law applied to the DCBS director and to the administrators of the Insurance Division and the Division of Finance and Corporate Securities, but only those appointed after November 4, 1993, faced the new restriction on "financial gain" added by the 1993 legislature. Anyone in office before that date was grandfathered from the broader 1993 rule.

Second, the AG explained what counts as the "industry over which the former public official had authority." A former insurance administrator could not go work for an insurance company, agency, adjuster, or consultant. A former finance and corporate securities administrator could not work for a bank, savings and loan, credit union, pawnbroker, collection agency, or securities broker. The DCBS director was barred from all of those plus appraisal businesses, but not from work tied solely to the workers' compensation, occupational safety, or building codes divisions, which the AG read as not regulating an "industry" in the same way.

Third, the AG read the statute as following the regulated industry, not the specific employer. A new business that didn't exist when the official held office still counted, so long as it operated in a regulated industry with some Oregon presence. A business operating purely in another state did not. A business with Oregon operations did trigger the bar even if the former official's job duties stayed out of Oregon, because the official's Oregon contacts could still be exploited.

Currency note

This opinion was issued in 1997. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

The 1993 legislature added a financial-gain restriction. Did everyone in office at that time get hit with it?
No. The AG concluded that the 1993 amendments included a grandfather clause: the new financial-gain restriction applied only to officials "elected, appointed or employed" after November 4, 1993. Officials already in office on that date kept the older, narrower restrictions.

Did the AG read "elected, appointed or employed" as the date the person took office, or the date they were chosen?
The date they were chosen. The AG reasoned that the legislature focused on the act designating the person as an official, not the later act of taking the oath of office or being confirmed by the Senate. For appointed officials, the determinative date was the date the appointing authority made the appointment.

Could a former insurance regulator take a job with a company that didn't exist while she was in office?
Yes, that arrangement still ran into the restriction. The AG read the statute as targeting the industry, not the specific employer. A newly formed insurer or financial institution counted, because the former regulator's Oregon contacts were just as exploitable against a new company in the same regulated space.

What about a job with a regulated business operating only in another state?
The AG concluded that arrangement was not barred. The legislative purpose was to prevent former officials from trading on Oregon contacts and relationships, so an out-of-state business with no Oregon operations did not implicate the statute. But once the business operated in Oregon, the restriction applied, even if the former official's job duties stayed elsewhere.

Did the AG resolve specific personnel questions about individual people?
No. The AG noted that the Oregon Government Standards and Practices Commission (OGSPC, formerly the Ethics Commission) had exclusive authority under ORS 244.280 to issue advisory opinions interpreting Chapter 244, and that those opinions were the only ones a public official could rely on for safe-harbor protection. Officials with specific situations had to go to the OGSPC.

Background and statutory framework

ORS 244.045 originated in 1987 as House Bill 2629. As enacted, it barred the Public Utility Commissioner, the Insurance Commissioner, the Supervisor of the Savings and Loan, Credit Union and Consumer Finance Section, and the Supervisor of the Banking Section from joining a regulated industry within one year of leaving office, and from lobbying or representing private parties before their former agency for two years.

The 1987 legislature simultaneously created the Department of Insurance and Finance, which subsumed the offices the new statute referenced. The 1993 legislature then abolished DIF, created DCBS in its place, and amended ORS 244.045 to track the new agency structure. The 1993 amendments also added the broader "financial gain" restriction and the grandfather clause carving out officials already in office on November 4, 1993. Violations carry a civil penalty of up to $5,000 under ORS 244.350(1).

The AG drew on legislative history, including testimony from Rep. Peg Jolin (the bill's chief sponsor) and the post-1993 OGSPC advisory opinion to Denise Fjordbeck of the Oregon Association of Justice Attorneys, to confirm that the restrictions were aimed at preventing former regulators from trading on insider contacts when they returned to the private sector.

Citations

• ORS 244.045 (revolving-door restrictions on former regulators)
• ORS 244.280 (OGSPC authority to issue advisory opinions)
• ORS 244.350(1) (civil penalty for violations)
• ORS 705.105(3), 705.115 (appointment procedures for DCBS director and division administrators)
• Or Laws 1993, ch 743, § 10a (grandfather clause)
• Forti v. New York State Ethics Comm'n, 554 NE 2d 876 (NY 1990) (purpose of revolving-door restrictions)
• Davidson v. Oregon Government Ethics Comm., 300 Or 415, 712 P2d 87 (1985) (OGSPC as sole agency for binding ethics opinions)

Source

• Landing page: https://www.doj.state.or.us/oregon-department-of-justice/office-of-the-attorney-general/attorney-general-opinions/
• Original PDF: https://www.doj.state.or.us/wp-content/uploads/1997/04/op1997-3.pdf

Original opinion text

April 24, 1997
Kerry E. Barnett, Director
Department of Consumer and Business Services
440-1 Labor & Industries Building
Salem, OR 97310
Re: Opinion Request OP-1997-3
Dear Mr. Barnett:
You ask several questions concerning ORS 244.045, which regulates the subsequent employment of
certain public officials. Your questions(1) and our short answers are set forth below, followed by a
discussion.

1. Do the restrictions in ORS 244.045(1) apply to all persons serving, or having served, or who will serve
   as the director of the Department of Insurance and Finance (DIF), the director of the Department of
   Consumer and Business Services (DCBS), the administrator of the Insurance Division, or the
   administrator of the Division of Finance and Corporate Securities?
   The restrictions of ORS 244.045(1) (1987) applied to any person who served as the director of DIF
   between September 27, 1987 and August 27, 1993, when the office was abolished. The restrictions of
   ORS 244.045(1) (1995), with the exception of those restrictions imposed by amendment in 1993
   (namely, expansion to include financial gain), apply to any person who served or serves as the director of
   DCBS on or after August 27, 1993. The restrictions relating to financial gain that were added in 1993
   apply only to any person "elected, appointed or employed" as the director of DCBS after November 4,
   1993.
   The requirements of ORS 244.045(1) do not apply to persons holding the offices of Administrator of the
   Insurance Division or Administrator of the Division of Finance and Corporate Securities unless such
   persons were "elected, appointed or employed" to their offices after November 4, 1993, in which case all
   restrictions apply.
2. What is the effect of Oregon Laws 1993, chapter 743, section 10a, which made the 1993 amendments
   to ORS 244.045 applicable only to public officials "elected, appointed or employed after * * * November
   4, 1993"? What is meant by "elected, appointed or employed" as it applies to the offices identified in
   question 1?
   The effect of Oregon Laws 1993, chapter 743, section 10a, is to "grandfather" certain persons so that
   they would not be subject to the restrictions added by the 1993 legislature. The most significant of those
   restrictions is the requirement that, for a period of time, a former public official may not receive any
   financial gain, other than reimbursement of expenses, from certain private employers.
   As to the administrator of the Insurance Division and the administrator of the Division of Finance and
   Corporate Securities, "elected, appointed or employed" means the date the director of DCBS appoints a
   person to either of those offices. As to the director, "elected, appointed or employed" means the date the
   director is appointed by the Governor.
3. ORS 244.045(1)(a) prohibits employment with, or receipt of financial gain from, "any private
   employer engaged in the activity, occupation or industry over which the former public official had

authority." What does this include? What is meant by the phrase "over which the former public official
had authority"?
See discussion.

4. Does ORS 244.045(1)(a) restrict employment with a new business engaged in the "activity, occupation
   or industry over which the former public official had authority" if such business did not exist at the time
   the public official held office?
   Yes.
5. Does ORS 244.045(1)(a) restrict employment with a business engaged in the "activity, occupation or
   industry over which the former public official had authority" if such business operated in another state
   and did not (or was not authorized to) operate in Oregon when the public official held office? What if the
   business operates in Oregon but the job duties of the former public official would not involve operations
   in Oregon?
   ORS 244.045(1)(a) prohibits employment with a business engaged in the activity, occupation or industry
   over which the former public official had authority, provided that the business has some connection with
   Oregon, as, for example, an insurer holding a certificate of authority to do business in Oregon or a bank
   with a branch in Oregon. If the business operates exclusively in states other than Oregon (or in a foreign
   country), ORS 24.045(1)(a) does not apply to a former public official employed by, or receiving financial
   gain from, that business. If the business operates in Oregon, the former public official is subject to ORS
   244.045(1)(a) whether or not the former official's job duties involve operations in Oregon.
   Discussion
   ORS 244.045 provides, in relevant part:
   (1) A person who has been a Public Utility Commissioner, the Director of the Department of
   Consumer and Business Services, the Administrator of the Division of Finance and
   Corporate Securities, the Administrator of the Insurance Division, the Administrator of the
   Oregon Liquor Control Commission or the Director of the Oregon State Lottery shall not:
   (a) Within one year after the public official ceases to hold the position become an employee
   of or receive any financial gain, other than reimbursement of expenses, from any private
   employer engaged in the activity, occupation or industry over which the former public
   official had authority; or
   (b) Within two years after the public official ceases to hold the position:
   (A) Be a lobbyist for or appear as a representative before the agency over which the person
   exercised authority as a public official;
   (B) Influence or try to influence the actions of the agency; or
   (C) Disclose any confidential information gained as a public official.
   This statute is referred to as a "revolving door" law, intended to prevent for a specified period of time
   former government employees from unfairly profiting from or otherwise trading upon their contacts or
   associations acquired during their tenure as public servants. See Forti v. New York State Ethics

Comm'n, 554 NE 2d 876 (NY 1990); cf. Moine v. Oregon Gov't Ethics Comm'n, 128 Or App 681, 877
P2d 96, rev den (1994), (the "revolving door" prohibition necessarily is directed only at former public
officials). Violation of ORS 244.045 may result in a civil penalty of $5,000 or less. ORS 244.350(1).

1. Application of ORS 244.045(1) to Certain Officials
   ORS 244.045 was first enacted in 1987. As passed, the law provided that:
   A person who has been a Public Utility Commissioner, the Insurance Commissioner,
   Supervisor of the Savings and Loan, Credit Union and Consumer Finance Section or the
   Supervisor of the Banking Section shall not:
   (1) Within one year after the public official ceases to hold the position become an employe
   [sic] of any private employer engaged in the activity, occupation or industry over which the
   former public official had authority; or
   (2) Within two years after the public official ceases to hold the position:
   (a) Be a lobbyist for or appear as a representative before the agency over which the person
   exercised authority as a public official;
   (b) Influence or try to influence the actions of the agency; or
   (c) Disclose any confidential information gained as a public official.
   Or Laws 1987, ch 360, § 1 (emphasis added). The Governor signed this bill into law on June 24, 1987,
   but it did not take effect until September 27, 1987, as there was no emergency clause. House Bill 2629
   (1987).
   During the 1987 legislative session, certain offices referred to in the initial version of the "revolving
   door" law were effectively abolished. The legislature created the Department of Insurance and Finance
   and its director and, in so doing, subsumed and abolished subordinate offices.
   Except as otherwise provided in this Act, any reference in any law * * * of the Legislative
   Assembly * * * to * * * the Insurance Commissioner, * * * the Supervisor of the Banking
   or Savings and Loan, Credit Union and Consumer Finance Section, the Administrator of
   the Financial Institutions Division or any of their subordinate officials, shall be considered
   as referring to or describing the director.
   Or Laws 1987, ch 373, § 15 (emphasis added). This law took effect on July 1, 1987, by operation of an
   emergency clause. Or Laws 1987, ch 373.(2)
   In an apparent attempt to reconcile these new laws, the introductory paragraph of ORS 244.045 was
   codified to add the Director of the Department of Insurance and Finance. References to the redundant
   offices were not, however, deleted.
   A person who has been a Public Utility Commissioner, the Director of the Department of
   Insurance and Finance, the Insurance Commissioner, Supervisor of the Savings and Loan,
   Credit Union and Consumer Finance Section or the Supervisor of the Banking Section shall
   not * * *.
   ORS 244.045 (1987) (emphasis added). While the statute appears to refer to several different officials, in

actuality, there were only two offices, the Public Utility Commissioner and the Director of the
Department of Insurance and Finance.
After the changes in the law, the director of DIF reorganized the department. New offices were created,
including the Administrator of the Insurance Division and the Administrator of the Division of Finance
and Corporate Securities.(3)
On August 27, 1993, the legislature abolished DIF and created DCBS. Or Laws 1993, ch 744. DCBS
incorporated DIF and added new agencies under its umbrella. Id. As of August 27, 1993, the tenure of
the director of DIF ceased by operation of law.(4)
The 1993 legislature also amended ORS 244.045, which still referred to the director of DIF. Or Laws
1993, ch 743, § 10. However, the legislature deleted the references to the other terms by which the
director was previously designated, namely, (1) the Insurance Commissioner, (2) the Supervisor of the
Savings and Loan, Credit Union and Consumer Finance Section and (3) the Supervisor of the Banking
Section.(5) Id. The amendment added two public officers subordinate to the director, the administrator of
the Division of Finance and Corporate Securities and the administrator of the Insurance Division. Id.
(Other officials were added as well. Id.) The amendments took effect on November 4, 1993. Or Laws
1993, ch 743. When codified, the reference to the director of DIF was changed to the director of DCBS.
See ORS 244.045 (1993). These changes are reflected in the current language of ORS 244.045.
Other changes were made to ORS 244.045 in 1993. The language "or receive any financial gain, other
than reimbursement of expenses" was added, thereby expanding the restrictions on former public
officials. ORS 244.045(1)(a). Also, a grandfather clause was added. Or Laws 1993, ch 743, § 10a. Under
the terms of this grandfather clause, the amendments applied only to those public officials "elected,
appointed or employed after the effective date of [the] Act." The Act became law on November 4,
1993.(6)
Until August 27, 1993, ORS 244.045(1) applied to the director of DIF (and the Public Utility
Commissioner). With the abolition of DIF and the creation of DCBS, the law became applicable on that
date to the director of DCBS. However, the added language of the grandfather clause applied the new
amendments relating to financial gain to the director of DCBS only if that person was "elected, appointed
or employed" after November 4, 1993.
The offices of Administrator of the Insurance Division and Administrator of the Division of Finance and
Corporate Securities were not added to ORS 244.045(1) until November 4, 1993. Therefore, the
requirements of ORS 244.045(1) did not apply to persons holding such offices before that date.
The Oregon Government Standards and Practices Commission (OGSPC) has interpreted the 1993 Act's
grandfather clause with respect to ORS 244.045(2), which was added by that Act to restrict the
subsequent employment of assistant attorneys general. The OGSPC opined that this restriction applies
only to assistant attorneys general hired after the effective date of the Act. OGSPC Advisory Opinion
approved May 18, 1995, to Denise Fjordbeck, Oregon Association of Justice Attorneys (No.
95A-1002).(7) The OGSPC opinion states that:
The relevant legislative history supports this interpretation * * * that the bill * * * is not
retroactive. * * * Thus, the legislative history supports the conclusion that the amendments
were not intended to apply to persons already employed before the effective date of

November 4, 1993. Furthermore, this interpretation allows the statutes to apply consistently
to public officials "elected, appointed, or employed" after the effective date.
Id. at 2. Although the OGSPC opinion is expressly limited to its facts, we believe that its reasoning and
conclusion would apply to all persons already elected to, appointed to or employed in public offices on
the date those offices were added to ORS 244.045 by the 1993 amendments, i.e., such public officials
would not be covered by the statute.

2. "Elected, Appointed or Employed" after the Effective Date
   The phrase "elected, appointed or employed," used in the grandfather clause discussed above, is not
   defined by the legislation itself. It is a broadly drafted clause intended to encompass all the public offices
   and methods of selecting public officials now covered by ORS 244.045. Individuals who are "elected,
   appointed or employed" before November 4, 1993, are not subject to the 1993 amendments to that
   statute. The language appears to focus on the act designating the individual to become a public official
   rather than the action of actually assuming office. For example, the only elected official included in ORS
   244.045, the State Treasurer, is elected to the office about two months before becoming the State
   Treasurer.
   The purpose of a grandfather clause is to prevent hardship to individuals who have existing status or
   rights, but not to grant additional rights. See Spaght v. Dept. of Transportation, 29 Or App 681, 564 P2d
   1092, rev den (1977). Thus, we believe the grandfather clause was intended to ensure that the law applied
   only to those individuals who assumed their official position with notice of the restrictions imposed by
   ORS 244.045 on certain aspects of their future private employment. From this perspective, it is
   reasonable for the legislature to make the Act apply on the occurrence of the act officially designating the
   individual as a public official (i.e., election, appointment), even though additional acts (taking the oath of
   office,(8) Senate confirmation) may be required before the individual actually assumes the office.(9)
   An appointment is made "when the last act required of the person with the appointing authority has been
   performed." 63A Am Jur 2d, Public Officers and Employees, § 106. Although an appointment may need
   to be confirmed by another body before the individual is legally entitled to the office, the act of
   confirmation is distinct from appointment. Id. at § 117.
   As regards the two subordinate DCBS positions, i.e., the administrator of the Insurance Division and the
   administrator of the Division of Finance and Corporate Securities, those positions are appointed by the
   director of DCBS, with the approval of the Governor. ORS 705.115. The determinative date for these
   individuals is the date of their appointment by the director.
   As regards the director of DCBS, the position is appointed by the Governor and confirmed by the Senate.
   ORS 705.105(3). Here, too, the determinative date is the date of appointment by the Governor.
3. Activity, Occupation or Industry Over Which the Public Official Had Authority
   You ask what is covered by the language in ORS 244.045(1)(a) that prohibits employment with, or
   receipt of financial gain from, "any private employer engaged in the activity, occupation or industry over
   which the former public official had authority." The terms "activity, occupation or industry" are not
   found either in the text of ORS 244.045 or in other related statutes. These terms are not particularly apt
   descriptions of financial and insurance services, which are included in those things regulated by the
   director of DCBS, the administrator of the Insurance Division or the administrator of the Division of

Finance and Corporate Securities. Thus, it is unclear what the reference to "activity" or "industry" might
be in this context.
When the intent of the legislature is not clear from the text and context of a statute, the courts may
consider the legislative history of the act. See Portland General Electric v. Bureau of Labor &
Industries, 317 Or 606, 611-12, 859 P2d 1143 (1993). Thus, we look to the history of ORS 244.045 for
assistance in determining its intent.
When the original bill that became ORS 244.045 was under consideration by the 1987 legislature,
Representative Peg Jolin, chief sponsor of the bill, explained that its purpose was to "prohibit state
regulators of utilities, insurance companies and banking institutions from accepting employment,
lobbying or acting as an agent or attorney for industries or companies that they have regulated."
Testimony of Rep. Peg Jolin, House Committee on State and Federal Affairs (HB 2629), March 13,
1987, Exhibit A. Rep. Jolin further testified how the bill would apply to the Insurance Commissioner,
stating:
In my opinion, * * * [the Insurance Commissioner] would be prohibited from taking a job,
let's say as a lawyer for some insurance company. Um, or working as a regulator [sic - in
regulatory affairs], as did Driscoll, in her particular scenario, taking a job as a chief
regulator in that industry.[(10)]
Testimony of Rep. Peg Jolin, House Committee on State and Federal Affairs (HB 2629), March 13,
1987, tape 52A, at 80. Other testimony was consistent. For example, Cory Streisinger, testifying for the
Governor's office in support of the bill, stated that she understood the term "industry" to mean a regulated
industry in the sense of an industry subject to the rules and regulations of a particular agency. Minutes,
House Committee on State and Federal Affairs (HB 2629), March 13, 1987, at 5. At the time the
legislation was enacted, it was believed that it would create little hardship. The view was stated that
rarely did people come from private industry to work in the public sector as a regulator of that industry
and then return to private industry upon termination of their tenure as public officials.(11)
The 1993 legislature did not modify this fundamental concept. From this indicated legislative intent, we
reason that a public official subject to ORS 244.045(1) may not be employed by any business or in any
industry over which the official had regulatory or supervisory responsibilities while the official was in
office. Thus, the administrator of the Insurance Division would be prohibited, for example, from going to
work for an insurance company, insurance agency, insurance adjustor or insurance consultant. See ORS
chs 731, 744. The administrator of the Division of Finance and Corporate Securities could not, for
example, work for a bank, savings and loan association, credit union, pawnbroker, collection agency or
securities broker. See ORS chs 59, 697, 707, 722, 723 and 726. The director of DCBS could not work for
any of these businesses or for any other business regulated by other arms of DCBS, such as an appraisal
business. See ORS ch 674.(12)

4. Business Not in Existence When Public Official Held Office
   The prohibition on employment with or receipt of financial gain from a private employer engaged in the
   activity, occupation or industry over which the former public official had authority could be read as
   referring to an employer, such as an insurer or financial institution, that was already regulated by the
   former public official. Alternatively, this provision could be read as referring to any entity that becomes
   subject to the regulation of the office formerly held by the public official (e.g., an insurer subsequently

admitted to do business in Oregon or a newly formed financial institution).
Because the prohibition is based on the nature of the industry regulated (not the actual employer), we
conclude that it would make no difference that the employer did not exist at the time the public official
was in office. The focus of the prohibition is the "activity, occupation or industry" over which the public
official had authority. Thus, we conclude that ORS 244.045(1)(a) restricts employment with a new
business engaged in the activity, occupation or industry over which the former public official had
authority, even if that specific business did not exist at the time the public official held office.

5. Business Operation in Another State
   You also ask about the application of ORS 244.045(1)(a) to employment with a business engaged in the
   activity, occupation or industry over which the public official had authority that (1) operates in another
   state and did not operate in Oregon when the public official held office, or (2) operates in Oregon but the
   job duties of the former public official will not involve operations in Oregon.
   We return to the legislative intent to determine whether the prohibition in ORS 244.045(1)(a) includes or
   excludes these scenarios. As noted above, the purpose of the statute is to prevent, for a specified period
   of time, former public officials from unfairly profiting from or otherwise trading upon their contacts and
   associations acquired during their tenure as public servants. Such contacts and associations presumably
   refer to contacts and associations between the former public official and other Oregon officials and
   employees. The legislative history of the statute supports this interpretation. The legislation was
   proposed in response to acts of certain former public officials. At the time the bill was introduced, the
   former Insurance Commissioner had accepted employment with an Oregon insurer and the former Public
   Utility Commissioner was employed by a utility company with operations in Oregon. See note 10.
   We therefore reason that ORS 244.045(1)(a) was not intended to apply to a former public official who
   accepts employment with a business that has no operations in Oregon. In such a situation, the former
   public official's contacts and associations with the state regulatory agency are irrelevant.
   In contrast, a former public official who goes to work for a business with operations in Oregon, but
   whose job duties do not involve the Oregon operations, is still subject to ORS 244.045(1)(a). This is
   because the former public official presumably maintains his or her Oregon contacts and associations,
   which could be exploited to benefit the former official's new employer.
   For purposes of ORS 244.045(1)(a), it is not relevant whether the business operated in Oregon during the
   time the former public official was a regulator. What is significant is that the business operates in Oregon
   at the time it employs the former public official.
   Questions Regarding Status of Specific Individuals
   The OGSPC has exclusive authority to issue advisory opinions interpreting its own statutes. ORS
   244.280.(13) These opinions will protect the party seeking advice if they act in accordance with the
   advice given. Id. See also Davidson v. Oregon Government Ethics Comm., 300 Or 415, 423, 712 P2d 87
   (1985) (commission is only state agency entitled to issue advisory opinions relating to application of
   ORS chapter 244 upon which public officials have right to rely).(14)
   For this reason, we decline to answer certain specific questions relating to the responsibilities or
   liabilities of individuals. Such questions may be put to the OGSPC.

Sincerely,
Donald C. Arnold
Chief Counsel
General Counsel Division

1. We have rephrased several of your questions for ease of analysis
   and discussion.
   Return to previous location.

2. The law also provided that the director of DIF, with the approval
   of the governor, would have authority to organize and reorganize the
   department and divide it into administrative divisions. Or Laws 1987,
   ch 373, § 4 (codified at ORS 705.115).
   Return to previous location.

3. The old Workers' Compensation Department was also folded into DIF
   by operation of the 1987 law, and new divisions and offices were
   created for its operations.
   Return to previous location.

4. The new legislation provided:
   (3) Any reference in Oregon Revised Statutes to the Director
   of the Department of Insurance and Finance or to the director
   where that term is defined to mean the Director of the
   Department of Insurance and Finance shall be considered a
   reference to the Director of the Department of Consumer and
   Business Services.

(5) For the purpose of harmonizing and clarifying sections
published in the Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the Director of
the Department of Insurance and Finance or the director where
that term is defined to mean the Director of the Department
of Insurance and Finance, wherever they occur in Oregon
Revised Statutes, words designating the Director of the
Department of Consumer and Business Services.
Or Laws 1993, ch 744, § 35.

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5. The reference to the Insurance Commissioner was deleted because
   that position was the same as the director of DIF. Minutes, Senate
   Ethics, Elections and Campaign Finance Committee (SB 159), March 16,
   1993, at 11. Also, by 1993, the "Supervisor, Savings and Loan, Credit
   Union and Consumer Finance Section" was a title for a person
   subordinate to the administrator of the Division of Finance and
   Corporate Securities. Id. (In earlier years, the "Supervisor"
   designation had been used to indicate the official whose
   responsibilities were akin to the old Savings and Loan Supervisor.
   That office, like the office of Insurance Commissioner, had been
   transferred to the director of DIF.)
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6. The grandfather clause, printed as a note at the end of ORS
   244.045, provides:
   The amendments to ORS 244.045 by section 10 of this Act apply
   only to public officials elected, appointed or employed after
   the effective date of this Act [November 4, 1993].
   Or Laws 1993, ch 743, § 10a.
   Return to previous location.

7. The opinion asked whether the post-employment restrictions
   contained in ORS 244.045(2) would apply only to those assistant
   attorneys general who became so employed on or after November 4, 1993,
   or to any assistant attorney general who was employed before November
   4, 1993, and remained so employed. The OGSPC answered that only the
   former were covered.
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8. See Or Const Art XV, § 3.
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9. We note that the Act will not apply to an individual who is
   appointed after November 4, 1993, to a position requiring Senate
   confirmation, but who is not confirmed by the Senate. The Act only

applies to a person "who has been" one of the named officials and to
periods "after the * * * official ceases to hold the position." We
have previously opined that, until confirmed, an individual cannot
lawfully hold a public office that is subject to confirmation. See 39
Op Atty Gen 560 (1979).
Return to previous location.

10. At the time the bill was introduced, ex-Insurance Commissioner
    Josephine Driscoll had taken a position as the Vice President of
    Regulatory Affairs for Standard Insurance Company. Minutes, House
    Committee on State and Federal Affairs (HB 2629), March 13, 1987,
    Exhibit A. Ex-Public Utility Commissioner John Lobdell had taken a job
    first with a consortium of gas utilities and then with Northwest
    Natural Gas. Id.
    Return to previous location.

11. According to Representative Jolin, in the past twenty years, only
    one person has come from an industry, been appointed a regulator of
    that industry, and then returned to work in the industry. Generally,
    the practice has been to appoint individuals capable of being a good
    regulator and administrator, rather than someone with direct
    experience in the industry. Minutes, Senate Committee on Labor (HB
    2629), May 13, 1987, at 2.
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12. We do not believe that the director regulates activities,
    occupations or industries with regard to his role as head of the
    Workers' Compensation Division, Occupational Safety and Health
    Division or the Building Codes Division. See ORS chapters 455, 654,
    656.
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13. ORS 244.280 provides, in relevant part, that:
    (1) Upon the written request of any public official,
    candidate for public office or any person, or upon its own
    motion, the commission, under signature of the chairperson,
    may issue and publish opinions on the requirements of this
    chapter, based on actual or hypothetical circumstances.

(2) If any public official or business with which the public
official is associated is in doubt whether a proposed
transaction or action constitutes a violation of this
chapter, the public official or the business may request in
writing a determination from the commission. * * * The
requester shall supply such information as the commission
requests to enable it to issue the interpretation.
(3) A public official or business with which a public
official is associated shall not be liable under this
chapter, for any action or transaction carried out in
accordance with an advisory interpretation issued under
subsection (2) of this section. Such an advisory
interpretation shall be considered a formal opinion having
precedential effect and shall be subject to review by legal
counsel to the commission before the interpretation is sent
to the requester.
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14. In 1993, the Legislative Assembly renamed the Oregon Government
    Ethics Commission as the Oregon Government Standards and Practices
    Commission (OGSPC). Or Laws 1993, ch 743, § 32.
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Created 11/01/97
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