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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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DEPARTMENT OF ADMINISTRATIVE SERVICES,
CHIEF FINANCIAL OFFICE

 

DIVISION 40

REPORTING OF SUBSTANTIVE PROGRAMS CHANGES

122-040-0040

Definitions

(1) For purposes of this rule, unless the context requires otherwise:

(a) "State agency" has the meaning given that term in ORS 291.002;

(b) "Director" means the Director of the Department of Administrative Services; and,

(c) "Program" means an activity or a series of related activities that a state agency performs to fulfill its constitutional or statutory duties and that is identified, by name or otherwise with particularity, in: the Oregon Constitution or an Oregon law, including but not limited to a statute making appropriations to the state agency; a budget report and measure summary issued by the Legislative Assembly relating to the budget for the state agency that the Legislative Assembly most recently enacted into law or the Emergency Board most recently amended; a state agency performance measure developed under ORS 291.110, or link to an Oregon Benchmark approved under 285A.168(2).

(2) For purposes of ORS 291.373, a state agency substantively changes a Program, i.e., makes a "substantive Program change," when the state agency:

(a) Establishes a new Program, unless the Legislative Assembly provided for establishment of the Program by statute or anticipated establishment of the Program in a budget report and measure summary;

(b) Eliminates an existing Program, unless the Legislative Assembly provided for elimination of the Program by statute or anticipated elimination of the Program in a budget report and measure summary;

(c) Delays by six months or longer the legislatively planned establishment or elimination of a Program;

(d) Makes changes to the operation or financing of a Program by: redesigning the Program so as to affect a class of client benefit levels or provider reimbursement levels, unless the redesign consists solely of adjustments of an ongoing nature or process that are described in written materials presented to the Legislative Assembly by the state agency during the most recent legislative session; implementing an executive order; redirecting more than 10 percent of the Program's funding to another purpose as allowed by a relevant appropriation or expenditure limitation; or, otherwise makes changes to the operation or financing of a Program that the director determines affects one or more essential aspects of that Program.

Stat. Auth.: ORS 291.373
Stats. Implemented: ORS 291.373(2)
Hist.: BMD 6-2003(Temp), f. & cert. ef. 11-10-03 thru 5-5-04; BMD 8-2003, f. & cert. ef. 12-30-03

122-040-0050

Report Filing

(1) No later than fourteen days after the conclusion of each calendar quarter, a state agency shall report on and describe to the director any substantive program changes made during that calendar quarter.

(2) No later than thirty-five days after the conclusion of the calendar quarter, the director shall deliver a report on all substantive program changes made by state agencies during the calendar quarter, or deliver a report that no substantive program changes have been made during the calendar quarter, to the President of the Senate, Speaker of the House of Representatives, and the Legislative Fiscal Officer.

(3) The director may develop reporting forms for purposes of state agency reports required under subsection (1) of this section.

(4) A state agency need not submit a report to the director if it has not made any substantive program changes during the calendar quarter.

Stat. Auth.: ORS 291.373
Stats. Implemented: ORS 291.373(2)
Hist.: BMD 6-2003(Temp), f. & cert. ef. 11-10-03 thru 5-5-04; BMD 8-2003, f. & cert. ef. 12-30-03

122-040-0060

Failure to Report Substantive Program Changes

(1) A state agency that fails to report a substantive program change in a timely manner as required under subsection (1) of 122-040-0020 above shall immediately report to the director.

(2) The report to the director shall include: description of the substantive program change; information on the timing of the substantive program change and the date that the change should have been reported to the director; and, explanation of why the substantive program change was not reported as required.

(3) The director shall submit a list identifying any substantive program changes that state agencies failed to report with the report submitted to the President of the Senate, Speaker of the House of Representatives, and the Legislative Fiscal Officer required under subsection (2) of this section. The list shall include the information submitted to the department by the state agency under subsection (2) of this section, and shall indicate whether the failure to report was identified by the state agency or discovered by another party.

Stat. Auth.: ORS 291.373
Stats. Implemented: ORS 291.373(2)
Hist.: BMD 6-2003(Temp), f. & cert. ef. 11-10-03 thru 5-5-04; BMD 8-2003, f. & cert. ef. 12-30-03

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Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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