Chapter §12.6 CORE POWERS OF THE EXECUTIVE DEPARTMENT

• Jurisdiction: Oregon

§12.6 CORE POWERS OF THE EXECUTIVE DEPARTMENT

The Oregon governor is constitutionally vested with the executive power of the state. Or Const, Art V, § 1. The constitutional powers of the governor include the responsibility to take care that the laws be faithfully executed and to command the state's military and naval forces. Or Const, Art V, §§ 9-10. The governor also has the authority to appoint Executive Department personnel, veto legislation, issue pardons, make appointments to fill official vacancies, and issue writs of election for legislative vacancies. Or Const, Art V, §§ 14-17. See Eacret v. Holmes, 215 Or 121, 125-27, 333 P2d 741 (1958) (absolute exclusive authority of governor over reprieves, commutations, and pardons).

COMMENT: The authority of the Secretary of State and the State Treasurer are specified in the constitution and those designated by other law. Or Const, Art VI, §§ 2-3, 5; Or Const, Art VIII, § 5; Or Const, Art VI, § 2. See, e.g., ORS 246.012-246.910 (administration of election law). Law and occasional constitutional references define the authority of other Executive Department officials and institutions such as the Attorney General and the Oregon Department of Justice, some of whose authority is prescribed by ORS chapter 180; Or Const, Art XI-F(2), § 8.

The power of the Executive Department to make rules ordinarily derives from statute. Chapter 183 of the ORS contains the Administrative Procedures Act (APA), which governs administrative rulemaking. The APA provides the sole, exclusive vehicle to challenge a state agency action. ORS 183.480(2).

The judiciary...