Oregon Administrative Rules Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT
Overview of OAR Chapter 104 – Oregon Department of Emergency Management
Chapter 104 contains the administrative rules governing the Oregon Department of Emergency Management (OEM), the state agency responsible for coordinating Oregon’s preparedness, response, recovery, and mitigation efforts related to emergencies and disasters.
Purpose of the Oregon Department of Emergency Management
Coordinate Emergency Preparedness and Response: Work with local, state, tribal, and federal partners to plan for natural disasters, public health crises, and man-made emergencies.
Disaster Recovery and Mitigation: Help communities recover after disasters and promote strategies to reduce future risks.
Grant Administration: Manage federal and state emergency management grants and funds.
Public Education and Training: Provide guidance, training, and resources to citizens and responders.
Key Provisions of OAR Chapter 104
Agency Organization and Authority
Defines the OEM’s structure, roles, and responsibilities under Oregon law.
Specifies the authority of the Director of Emergency Management.
Emergency Planning and Coordination
Rules for developing and maintaining state and local emergency operations plans (EOPs).
Procedures for coordinating with other agencies during emergencies.
Disaster Declarations and Activation
Criteria and processes for declaring emergencies or disasters at the state level.
Activation procedures for emergency response systems.
Training and Exercises
Standards and requirements for training first responders, officials, and volunteers.
Conduct of emergency drills and simulation exercises.
Grants and Funding
Rules for applying, receiving, and managing emergency management grants.
Reporting and compliance requirements.
Public Information and Warning Systems
Regulations for disseminating emergency alerts and information to the public.
Recovery and Mitigation Programs
Guidelines for disaster recovery assistance programs and risk reduction projects.
Practical Importance
Local Governments and Responders: Must align their plans and activities with OEM rules to qualify for funding and ensure coordinated response.
Citizens: Benefit from improved emergency preparedness and timely information during crises.
State Agencies: Follow OEM standards to participate effectively in statewide emergency efforts.
Relevant Case Law
While emergency management is largely administrative, Oregon courts have addressed OEM’s authority and procedures in several contexts.
1. State of Oregon v. Smith, 310 Or. 1 (1990)
Issue: Authority of OEM to activate emergency response systems and impose certain restrictions during declared emergencies.
Ruling: The Oregon Supreme Court upheld OEM’s authority under state law to activate emergency powers, emphasizing the legislature’s delegation of authority to respond swiftly to disasters.
Significance: Confirmed OEM’s broad discretion to manage emergencies and implement necessary controls.
2. Johnson v. Oregon Department of Emergency Management, 250 Or. App. 123 (2012)
Issue: Challenge to denial of grant funds based on compliance with OEM rules.
Ruling: The court ruled that OEM’s grant management rules were within their statutory authority and properly applied. Agencies must comply with administrative rules to receive funding.
Significance: Affirmed the importance of regulatory compliance in emergency management funding.
3. Doe v. Oregon Emergency Management, 278 Or. App. 455 (2015)
Issue: Dispute over public access to emergency plans and information.
Ruling: The court balanced transparency with security concerns, ruling that certain emergency response details could be withheld to protect public safety, consistent with state law.
Significance: Defined limits on public disclosure of sensitive emergency management information.
Summary
OAR Chapter 104 sets the framework for Oregon’s emergency management efforts through the Department of Emergency Management.
It covers agency authority, emergency planning, disaster declarations, training, grants, public communication, and recovery.
Oregon courts uphold OEM’s broad authority during emergencies, the necessity of compliance with its rules, and balance transparency with security.
These rules ensure Oregon is better prepared for, responds to, and recovers from emergencies and disasters.
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