Unforeseen expenditure; fund transfer.

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(a) The amount and purpose of the expenditure and why the expenditure was unforeseen;

(b) A request for the certification by the Director of Agriculture of the order;

(c) The specific major category of the budget to which the specific funds are to be allocated; and

(d) The specific major category of the budget from which the funds are to be transferred.

(2) At least one copy of the order for the fund transfer must be filed in the office of the commission and made available for public inspection during normal business hours of the commission.

(3) The commission shall send the request for certification of the order for the fund transfer to the director. The director shall:

(a) Examine the request, the commission’s most recent financial statement, the minutes of the meeting at which the commissioners approved the motion to request the order and the budget to which the order relates.

(b) Certify the order if the director determines that the form of the order is in accordance with the law, that the facts set forth in the order and the budget to which the order relates indicate that the order is in accordance with the law and that the proposed unforeseen expenditure is appropriate to accomplish the goals and needs of the commission.

(c) Immediately notify the commission if the director determines that the order is defective because:

(A) Of a failure to comply with ORS 571.483;

(B) The final budget or the preparation or adoption of the final budget is defective; or

(C) The estimated expenditures do not conform with statutory requirements.

(4) If the director finds that the order is defective, the commission shall promptly take all practicable steps to remedy the defects.

(5) After certifying an order under this section, the director shall retain the certified copy of the order and make the copy available for public inspection during normal business hours of the State Department of Agriculture. [2021 c.216 §33]

Note: See note under 571.400.


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