(2) Notwithstanding subsection (1) of this section, a responding participant may request reimbursement and a requesting participant may reimburse the responding participant.
(3) A request for reimbursement must be made and agreed to in writing prior to the provision of resources by the responding participant.
(4) Request and provision of reimbursement are the sole responsibility of the requesting and responding participants. The Oregon Department of Emergency Management is not responsible for requesting or providing reimbursement unless the department is a requesting or responding participant.
(5) If a dispute regarding reimbursement arises between a requesting participant and a responding participant, the involved participants shall make every effort to resolve the dispute within 30 days of written notice of the dispute given by the participant asserting noncompliance to the other participant.
(6) If the participants cannot resolve the dispute within 90 days after receipt of the notice of alleged noncompliance, either participant in the dispute may submit the dispute to arbitration under the commercial arbitration rules of the American Arbitration Association. [Formerly 190.166; 2017 c.192 §7; 2021 c.539 §60]
Note: The amendments to 402.230 by section 60, chapter 539, Oregon Laws 2021, become operative July 1, 2022. See section 155, chapter 539, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the user’s convenience.
(1) The intent of the intrastate mutual assistance agreement created under ORS 402.210 is to provide for nonreimbursable assistance to a requesting participant.
(2) Notwithstanding subsection (1) of this section, a responding participant may request reimbursement and a requesting participant may reimburse the responding participant.
(3) A request for reimbursement must be made and agreed to in writing prior to the provision of resources by the responding participant.
(4) Request and provision of reimbursement are the sole responsibility of the requesting and responding participants. The Office of Emergency Management is not responsible for requesting or providing reimbursement unless the office is a requesting or responding participant.
(5) If a dispute regarding reimbursement arises between a requesting participant and a responding participant, the involved participants shall make every effort to resolve the dispute within 30 days of written notice of the dispute given by the participant asserting noncompliance to the other participant.
(6) If the participants cannot resolve the dispute within 90 days after receipt of the notice of alleged noncompliance, either participant in the dispute may submit the dispute to arbitration under the commercial arbitration rules of the American Arbitration Association.