Attorney General Opinions

Online and Printed Opinions

This database of Attorney General opinions is provided for your convenience. Differences, if any, between online and printed versions are resolved in favor of the printed copy.

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Formal and Informal Opinions

The opinions fall into two broad categories:

  • Formal Opinions
    • Address constitutional issues and matters of statewide concern
    • Are signed by the Attorney General
    • Are listed in the subject index with a four-digit number, i.e. “OP 8246”
  • Informal Opinions
    • Address matters with little or no community impact
    • Are signed by the Chief Counsel of the Department of Justice General Counsel Division
    • Are listed in the subject index with a year and dash, i.e. “OP 1997-1”

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OP-2017-2

Physical Therapist Licensing Board

May 19, 2017

This opinion responds to a question about the scope of practice of its licensees. Is the practice of “dry needling” within the scope of practice of a physical therapist licensed in Oregon?

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OP-2017-1

Corporation and Estate Section, Oregon Department of Revenue

April 14, 2017

This opinion responds to a question relating to the use of corporate minimum tax revenues. Is the corporate minimum tax imposed under ORS 317.090 a “tax levied on, with respect to, or measured by” the sale of motor vehicle fuel for purposes of Article IX, section 3a, of the Oregon Constitution as to receipts by corporations that sell motor vehicle fuel?; This opinion responds to a question relating to the use of corporate minimum tax revenues. Is the corporate minimum tax imposed under ORS 317.090 a “tax levied on, with respect to, or measured by” the sale of motor vehicle fuel for purposes of Article IX, section 3a, of the Oregon Constitution as to receipts by corporations that sell motor vehicle fuel?

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OP-2016-2

Oregon Health Authority, Oregon Liquor Control Commission and Oregon State Police

July 20, 2016

This opinion responds to questions regarding possessing both medical and recreational marijuana plants; as well as the question of possessing usable marijuana or marijuana products, concentrates, or extracts made from medical and recreation marijuana plants at the same time.

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OP 8292

Oregon Secretary of State Elections Division

May 4, 2016

ORS 260.695(2) is an election law that prohibits “electioneering” at local and state election offices during times that electors may deposit their ballots. “Electioneering” is expressive conduct protected by free speech guarantees in the Oregon Constitution. The Director of the Secretary of State’s Elections Division asks whether ORS 260.695(2) comports with those free speech guarantees.

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OP 8290

Representative Bill Kennemer

April 18, 2016

This opinion answers a question posed by Representative Kennemer concerning whether the mayor and city council members of the City of Damascus would risk personal liability for expending funds in the manner required by House Bills 3085 and 3086 (2015).

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