OAG 40-58.

• Case Date: September 13, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-58. 69OPINION NO. 40-58 [20 Or. Op. Atty. Gen. 69]License fee paid by maternity hospital for a fiscal year during which no inspection has been made by state board of health does not entitle the hospital to renewal of license without payment of another annual license fee. The fee is paid for the license and not for inspection.September 13, 1940.Dr. Frederick D. Stricker,State Health Officer. Dear Doctor Stricker: Chapter 494, Oregon Laws, 1939, which is an act providing for the licensing, inspection and regulation of maternity hospitals or lying-in asylums by the state board of health, provides in part:

"Section 2. The state board of health hereby is authorized to issue licenses or permits to conduct maternity hospitals, maternity homes or lying-in asylums. Such licenses or permits are to be in writing, shall not be transferable to other persons or other premises, shall expire on June 30 of each year, shall be subject to annual renewal following reinspection, and shall be revoked for cause as described in section 5 hereof, and shall be subject to an annual fee of $10, payable upon the original application and upon application for each renewal.

"Section 3. * * * Said board further is authorized, by one or more of its members, secretary or duly authorized representatives to inspect and report from time to time upon the conditions and records prevailing in all such institutions.

"Section 4. Upon issuance of such licenses or permits the board forth-with shall give notice of the granting and terms to the local health officer, who * * * shall visit and inspect the same from time to time * * *. At all reasonable hours the said local health officer or member or representative of the said board shall be given free and unrestricted access to such institution."

Section 5 provides that licenses may be revoked upon refusal of the manager, owner or keeper of any institution to allow an inspection thereof or to abide by the rules and regulations of the state board of health, as provided for in the act. You...