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2016 Op. Or. Att'y Gen. 1 (2016)

handle is hein.sag/sagor9983 and id is 1 raw text is: ELLEN F. ROSENBLUM !' FREDERICK M. BOSS Attorney General Deputy Attorney General DEPARTMENT OF JUSTICE GENERAL COUNSEL DIVISION January 25, 2016 Ms. Dacia Johnson Administrator Commission for the Blind 535 SE 12th Avenue Portland, OR 97214 Re: Opinion Request OP-2016-1 Dear Ms. Johnson: ORS 346.510 to 346.570 require the Oregon Commission for the Blind (Commission) to establish vending facilities on certain public property to be operated by blind persons. The Commission asks a question about the operation of those vending facilities. Below we set out the Commission's question and our short answer followed by a discussion. QUESTION May blind vendors licensed by the Commission to operate vending machines on one or more public properties lawfully subcontract with commercial vendors to service the machines? SHORT ANSWER To operate the vending machines within the meaning of ORS 346.520(1) the licensed blind vendor either must personally carry out the day-to-day vending machine work or control, direct and supervise the subcontractor's work. A licensed blind vendor may not lawfully subcontract with a commercial vendor if the licensed blind vendor does not control, direct and supervise the subcontractor's work.1 DISCUSSION I. Statutory Interpretation Methodology Your question requires us to interpret the statutes governing the operation of vending facilities by blind persons. The methodology for interpreting statutes is set out in PGE v. Bureau of Labor and Industries, 317 Or 606, 610, 859 P2d 1143 (1993) as modified in State v. Gaines, 346 Or 160, 171, 206 P3d 1042 (2009). Under that methodology, the goal is to determine the legislature's intent. We do so by examining the text, context and any pertinent legislative history. 1162 Court Street NE, Salem, OR 97301-4096 Telephone: (503) 947-4540 Fax: (503) 378-3784 TTY: (503) 378-5938 www.doj.state.or.us

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