OAR 855-080-0029: Acceptable Subpoenas for Law Enforcement Agencies to Obtain Pseudoephedrine or Ephedrine Log Information

(1) “Law Enforcement Agency” includes the following: (a) County sheriffs, municipal police departments, police departments established by a university under ORS 352.121 or 353.125 and state police; (b) Other police officers of this state or another state, including humane special agents as defined in ORS 181A.345; (c) The Oregon Department of Justice when conducting a criminal investigation; (d) A tribal government as defined in ORS 181A.680 that employs authorized tribal police officers as defined in ORS 181A.680; and (e) Law enforcement agencies of the federal government. (2) Acceptable subpoenas for a law enforcement agency to obtain information in a pseudoephedrine or ephedrine log are subpoenas lawfully issued by: (a) A grand jury under ORS 136.563; (b) A district attorney under ORS 136.565; (c) The Oregon Attorney General under ORS 183.073; (d) A law enforcement agency of a tribal government under tribal subpoena authority; and (e) A federal law enforcement agency under federal subpoena power. (3) Subpoenas that meet the criteria in (2) are accepted by the Board under ORS 475.230. The Board does not act as a decisionmaker as to a subpoena issued for pseudoephedrine or ephedrine logs under this rule. The Board is not a party to a subpoena for information contained in a pseudoephedrine or ephedrine log under this rule.