Oregon Revised Statutes Chapter 571 § 571.426 — Authority to contract; limitations on contractors; required review of contracts;

Authority to contract; limitations on contractors; required review of contracts; rules. (1)(a) The Oregon Hemp Commission may contract with an independent contractor for the performance of any service, except that the commission may not contract with an independent contractor to perform discretionary functions of the commission. (b) ORS 279.835 to 279.855 and ORS chapters 240, 279A, 279B and 279C do not apply to the commission in obtaining services described in this subsection, except that a contract for services described in this subsection may not take effect until the contract is approved by the State Department of Agriculture under subsection (7) of this section and the Department of Justice under subsection (8) of this section. (2)(a) The commission may rent space or acquire supplies and equipment from any contractor as described in subsection (1) of this section. (b) ORS 276A.206, 279.835 to 279.855 and 283.085 to 283.092 and ORS chapters 276, 278, 279A, 279B, 279C and 283 do not apply to rentals or acquisitions described in this subsection. (3) Except as provided in this section, a contractor described in subsection (1) of this section shall be considered an independent contractor and not an employee, eligible employee, public employee or employee of the state for purposes of Oregon law, including ORS chapters 236, 238, 238A, 240, 243, 291, 316 and 652. (4) Nothing in this section precludes the state or the commission from being considered the employer of the contractor described in subsection (1) of this section for purposes of unemployment compensation under ORS 670.600 and ORS chapter 657. (5) A contractor described in subsection (1) of this section shall be considered an independent contractor and not a worker for purposes of ORS 670.600 and ORS chapter 656. (6) A contractor described in subsection (1) of this section may not be considered a public official, public officer, state officer or executive official for purposes of Oregon law, including ORS 171.725 to 171.785 and ORS chapters 236, 244, 292, 295 and 297. (7) The State Department of Agriculture shall review the contract described in subsection (1) of this section for the adequacy of the clauses pertaining to statement of work, starting and ending dates, consideration, subcontracts, funds authorized in the budget, amendments, termination, compliance with applicable law, assignment and waiver, access to records, indemnity, ownership of work product, nondiscrimination, successors in interest, attorney fees, tax certification or merger or any other clause the department deems necessary. (8) The Department of Justice shall review any contracts, agreements and similar funding devices that meet or exceed the fund threshold established by the department by rule. (9) The Oregon Department of Administrative Services, in consultation with the State Department of Agriculture, shall adopt rules necessary for the screening and selection of independent contractors under this section. (10) Except as provided under subsection (9) of this section, the State Department of Agriculture may adopt rules as necessary to carry out this section. [2021 c.216 §11] Note: See note under 571.400.