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SECRETARY OF STATE, ARCHIVES DIVISION

 

DIVISION 500

ADMINISTRATIVE RULES UNIT

Procedural Rules

166-500-0000

Notice of Proposed Rulemaking

Before adopting, amending, or repealing any permanent rules, the Administrative Rules Unit shall give notice of the proposed adoption, amendment, or repeal:

(1) In the Secretary of State’s Oregon Bulletin, referred to in ORS 183.360, at least 21 days prior to the effective date.

(2) By mailing a copy of the Notice to persons on the Administrative Rules Unit’s mailing list established pursuant to ORS 183.335(8) at least 28 days prior to the effective date.

(3) By mailing a copy of the Notice to the following persons and organizations:

(a) Associated Press;

(b) Capitol Press Room;

(c) Department of Justice.

(4) By mailing a copy of the Notice to legislators specified in ORS 183.335(15) at least 49 days prior to the effective date.

Stat. Auth.: ORS 183.360
Stats. Implemented: ORS 183.335 & 183.360
Hist.: PRD 1-1988, f. & cert. ef. 2-5-88; Former paragraphs (3)(b)(A)–(K) & (c)(A)–(M) renumbered to 160-001-0000; OSA 4-1993, f. & cert. ef. 11-10-93, Renumbered from 164-001-0000; OSA 8-1997, f. & cert. ef. 10-6-97; OSA 3-2003, f. & cert. ef. 11-20-03; OSA 2-2007, f. & cert. ef. 7-31-07; OSA 2-2012, f. & cert. ef. 9-12-12

166-500-0005

Model Rules of Procedure

The Attorney General’s Model Rules of Procedure under the Administrative Procedures Act, dated January 1, 2012, are adopted as the rules of procedure for the Administrative Rules Unit.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Archives Division.]

Stat. Auth.: ORS 183.360
Stats. Implemented: ORS 183.335
Hist.: PRD 2-1988, f. & cert. ef. 2-5-88; PRD 6-1988, f. & cert. ef. 8-10-88; SOS-AD 1-1990, f. & cert. ef. 5-9-90; SOS-AD 2-1991, f. & cert. ef. 12-3-91; OSA 4-1993, f. & cert. ef. 11-10-93, Renumbered from 164-001-0005; OSA 8-1997, f. & cert. ef. 10-6-97; OSA 5-2001, f. & cert. ef. 7-5-01; OSA 5-2004, f. & cert. ef. 11-1-04; OSA 4-2006, f. & cert. ef. 10-12-06; OSA 9-2009, f. & cert. ef. 10-15-09; OSA 2-2012, f. & cert. ef. 9-12-12

166-500-0010

Definitions

The following definitions apply to 166-500-0000 through 166-500-0055.

(1) The “Administrative Rules Unit” of the Archives Division of the Secretary of State’s Office is the unit responsible for filing and publishing the Oregon Administrative Rules and Rulemaking Notices.

(2) An “Adopted Administrative Rule” is a completely new rule added to an agency’s existing body of rules. New rule numbers must be approved by the Administrative Rules Unit prior to filing.

(3) An “Amended Administrative Rule” is an existing rule that is modified by additions or deletions to the rule text under an existing rule number.

(4) “Appointment of Rules Coordinator”: State agencies that adopt administrative rules must appoint a rules coordinator. The Appointment of Agency Rules Coordinator form must be filed with the Secretary of State, Administrative Rules Unit. See ORS 183.330. These forms are available from the Administrative Rules Unit or downloadable from the Administrative Rules Unit website at <http://sos.oregon.gov/archives/Pages/oregon_administrative_rules.aspx>.

(5) The “Certificate and Order for filing Permanent or Temporary Rules” (Certificate) is the form that an agency is required to file with the Secretary of State, Administrative Rules Unit of an adopted, amended or repealed rule See ORS 183.355(1)(a). The Certificate is incorporated in the on-line filing system. Additionally, forms are available from the Administrative Rules Unit or downloadable from the Administrative Rules Unit website at <http://sos.oregon.gov/archives/Pages/oregon_administrative_rules.aspx>.

(6) “Delegation of Rulemaking Authority,” ORS 183.325 requires delegations of rulemaking authority to be filed with the Administrative Rules Unit. The form is available from the Administrative Rules Unit or can be downloaded from the Administrative Rules Unit website at <http://sos.oregon.gov/archives/Pages/oregon_administrative_rules.aspx>.

(7) The “Effective Date” for a Permanent or Temporary Administrative Rule must be its date of filing with the Administrative Rules Unit or a later date specified by the agency. Additionally, the effective date for a Permanent Administrative Rule must be at least 21 days following publication of the Notice in the Oregon Bulletin.

(8) The “Filing Date” for administrative rulemaking paperwork is the day it is received by the Secretary of State, Administrative Rules Unit by on-line or hand delivery, mail or fax.

(9) The “Model Rules of Procedure,” for rulemaking (OAR 137-001-0005 through 137-001-0085) have been established by the Attorney General’s office to implement the statutory requirements (ORS 183.341(2)) of the Oregon Administrative Procedures Act.

(10) The “Notice of Proposed Rulemaking” is a formal process for informing the public of intended rulemaking action that includes an agency mailing to specific individuals and organizations, and publication of a Notice in the Oregon Bulletin.

(11) The “Notice of Proposed Rulemaking Hearing” is a formal process for informing the public of a hearing related to intended rulemaking action, which includes an agency mailing to specific individuals and organizations, and publication of a Notice in the Oregon Bulletin.

(12) The “Oregon Administrative Rules Compilation” is a publication that contains the complete text of the Oregon Administrative Rules. The Oregon Administrative Rules Compilation is available in electronic and printed formats. Electronic versions are accessible on the Administrative Rules Unit website at <http://sos.oregon.gov/archives/Pages/oregon_administrative_rules.aspx>. Printed copies are at the State Archives and in the collections of Oregon’s Public Documents Depository Libraries, listed in OAR 543-070-0000, and are available for purchase from the Administrative Rules Unit.

(13) The “Oregon Bulletin” is a monthly publication that documents all rulemaking actions promulgated between printings of the Oregon Administrative Rules Compilation. In addition to providing Notice of intended rulemaking action and adopted or amended rule text, it includes Executive Orders of the Governor, Opinions of the Attorney General, orders issued by the Director of the Department of Revenue and certain other notices. The Oregon Bulletin is available electronically, and is on the Administrative Rules Unit website at <http://sos.oregon.gov/archives/Pages/oregon_administrative_rules.aspx>. Printed copies are at the State Archives and in the collections of Oregon’s Public Documents Depository Libraries, listed in OAR 543-070-0000, and are available for purchase from the Administrative Rules Unit.

(14) A “Permanent Administrative Rule” is the adoption of new rules or the amendment of existing rules, and remains in effect until other rulemaking action is made on the specific rule.

(15) A “Renumbered Administrative Rule” is an existing rule that is moved from an existing rule number to a new rule number.

(16) A “Repealed Administrative Rule” is an existing rule that is completely removed from the Oregon Administrative Rule Compilation.

(17) A “Rule Caption” is a statement of not more than 15 words identifying the subject matter of the rulemaking action. See ORS 183.335(2)(a)(A).

(18) A “Rule Summary” is an objective statement summarizing the subject matter and purpose of the intended action. See ORS 183.335(2)(a)(B).

(19) A “Rules Coordinator” is the person appointed by an agency to coordinate the writing and filing of Administrative Rules. An Appointment of Agency Rules Coordinator form must be filed with the Administrative Rules Unit. See section (4) “Appointment of Rules Coordinator”.

(20) A “Signature” is the original, scanned or electronic signature of the agency’s authorized signer who has legal authority to approve rulemaking filings, appoint agency rules coordinators or delegate rulemaking authority.

(21) A “Statement of Need and Fiscal Impact” explains the need for the proposed rulemaking action and its fiscal impact. The Statement of Need and Fiscal Impact form accompanies the Notice of Proposed Rulemaking Hearing or the Notice of Proposed Rulemaking. The Statement of Need and Fiscal Impact form is incorporated in the on-line filing system or can be downloaded from the Administrative Rules Unit website at <http://sos.oregon.gov/archives/Pages/oregon_administrative_rules.aspx>.

(22) A “Statement of Need and Justification” explains the need for a temporary rulemaking action and the justification for submitting the changes as a temporary rule rather than using the permanent rule process. The Statement of Need and Justification form accompanies the Certificate and Order for Filing Temporary Rules and is incorporated in the on-line filing system or can be downloaded from the Administrative Rules Unit website at <http://sos.oregon.gov/archives/Pages/oregon_administrative_rules.aspx>.

(23) “Statutory Authority” (Stat. Auth.) is an agency’s authority to make rules granted by Oregon Revised Statutes.

(24) “Statutes (Stats.) Implemented” is the statute(s), bill(s) or federal legislation that an agency implements through the rulemaking process.

(25) A “Suspended Administrative Rule” is an existing rule that is rendered ineffective for a specified time not to exceed 180 days. See ORS 183.335(6).

(26) A “Temporary Rule” is a newly adopted, amended or suspended rule that remains in effect for a specified period not to exceed 180 days.

[Publications: Publications & Forms referenced are available from the agency.]

Stat. Auth.: ORS 183
Stats. Implemented: ORS 183
Hist.: OSA 9-1997(Temp), f. & cert. ef. 10-6-97; OSA 13-1997, f. & cert. ef. 11-3-97; OSA 5-1999(Temp), f. & cert. ef. 12-9-99 thru 5-10-00; OSA 13-1997 f. & cert. ef. 12-3-97; OSA 2-2000, f. & cert. ef. 3-9-00; OSA 2-2007, f. & cert. ef. 7-31-07; OSA 2-2012, f. & cert. ef. 9-12-12

166-500-0015

Fees

Fees charged by the Administrative Rules Unit are set forth in the Archives Division Fees rule OAR 166-010-0016. Fees for goods and services unique to the Administrative Rules Unit are as follows:

(1) Certifying administrative rule records — $5 per certification plus any copying, labor or research fees incurred in filling the request;

(2) CD Rom or other media — $20. per file copied,. plus any associated costs;

(3) Oregon Administrative Rules Compilation bound set — $650;

(4) Individual volumes of the OAR Compilation — $45;

(5) Oregon Bulletin: Per hard copy issue — $20. each;

(6) Walk-in customers or customers with large requests will be assisted as workloads permit.

Stat. Auth.: ORS 183.360
Stats. Implemented: ORS 177.130, 183.370, 192 & 357.885
Hist.: SOS-AD 1-1992, f. & cert. ef. 2-11-92; OSA 4-1993, f. & cert. ef. 11-10-93, Renumbered from 164-001-0015; OSA 7-1994(Temp), f. & cert. ef. 10-14-94; OSA 11-1994, f. & ef. 11-21-94; OSA 8-1997, f. & cert. ef. 10-6-97; OSA 6-2001(Temp), f. & cert. ef. 10-23-01 thru 4-15-02; OSA 1-2002, f. & cert. ef. 1-25-02; OSA 4-2002, f. & cert. ef. 7-3-02; OSA 3-2003, f. & cert. ef. 11-20-03; OSA 2-2007, f. & cert. ef. 7-31-07; OSA 3-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08; OSA 4-2007, f. cert. ef. 11-29-07; OSA 8-2009, f. & cert. ef. 10-5-09; OSA 2-2012, f. & cert. ef. 9-12-12

166-500-0020

Administrative Rule Filing Requirements

(1) The Administrative Rules Unit shall compile, index and publish all rules adopted by each agency.

(2) Agencies must use the on-line Filing System, available on the Unit’s website: <http://sos.oregon.gov/archives/Pages/oregon_administrative_rules.aspx> to submit Administrative Rule filings (ORS 183.355) and Notices of Proposed Rulemaking and Rulemaking Hearing (183.335(1) & (2)) to the Administrative Rules Unit of the State Archives, Oregon Secretary of State. For publication in the following month’s on-line Oregon Bulletin and Administrative Rules Compilation, filings must be submitted to the Administrative Rules Unit by the 15th day of the month. The on-line filing system generates date-stamped receipt copies that are e-mailed to the rules coordinator. Rules coordinators should phone the Administrative Rules Unit at (503) 373-0701 option 2 if they do not receive these receipt copies. Filings must contain the date stamp from the deadline day or earlier to be published and posted the following month.

(3) In cases when the on-line system is unavailable, contact the Administrative Rules Unit. Administrative Rule Filings and Notices may be mailed or delivered (Temporary Rule Filings and Notices can be faxed) to the Administrative Rules Unit, with prior approval by the Administrative Rules Unit, using forms available for download on the Oregon State Archives website at <http://sos.oregon.gov/archives/Pages/oregon_administrative_rules.aspx>. In addition to the filing deadlines described in (2) above, mailed or delivered Filings and Notices must be received by the Administrative Rules Unit office by 5:00 p.m. on the deadline day.

Stat. Auth.: ORS 183.360
Stats. Implemented: ORS 183.335 & 183.360
Hist.: OSA 9-1997(Temp), f. & cert. ef. 10-6-97; [OSA 4-1995, f. 8-15-95, cert. ef. 9-1-95; Suspended by OSA 9-1997(Temp), f. & cert. ef. 10-6-97]; OSA 13-1997, f. & cert. ef. 11-3-97, Renumbered from 166-510-0001; OSA 5-1999(Temp), f. & cert. ef. 12-9-99 thru 5-10-00; OSA 2-2000, f. & cert. ef. 3-9-00; OSA 2-2007, f. & cert. ef. 7-31-07; OSA 2-2012, f. & cert. ef. 9-12-12; OSA 1-2013, f. & cert. ef. 10-10-13

166-500-0025

Lengthy Administrative Rule Filings

The Administrative Rules Unit may at its discretion omit rule text from publication in the printed version Oregon Bulletin when large rule filings are filed late in the publication cycle.

Stat. Auth.: ORS 183.360
Stats. Implemented: ORS 183.335 & 183.360
Hist.: OSA 4-1999(Temp), f. & cert. ef. 11-12-99 thru 5-10-00 OSA 2-2000, f. & cert. ef. 3-9-00; OSA 2-2007, f. & cert. ef. 7-31-07

166-500-0030

Components of a Notice of Proposed Rulemaking Hearing or a Notice of Proposed Rulemaking Filing

(1) A Notice of Proposed Rulemaking Hearing or a Notice of Proposed Rulemaking filing consists of two items filed through the on-line filing system. These are:

(a) The Notice of Proposed Rulemaking Hearing or Notice of Proposed Rulemaking;

(b) The Statement of Need and Fiscal Impact.

(2) In cases when the on-line system is unavailable, Notices may be filed using one of the methods described in OAR 166-500-0020(3). Forms are available from the Administrative Rules Unit or downloadable from the Administrative Rules Unit website at <http://sos.oregon.gov/archives/Pages/oregon_administrative_rules.aspx>.

Stat. Auth.: ORS 183.360
Stats. Implemented: ORS 183.335 & 183.360
Hist.: OSA 9-1997(Temp), f. & cert. ef. 10-6-97; OSA 13-1997, f. & cert. ef. 11-3-97; OSA 2-2000, f. & cert. ef. 3-9-00; OSA 2-2007, f. & cert. ef. 7-31-07; OSA 1-2012(Temp), f. & cert. ef. 5-1-12 thru 10-26-12; OSA 2-2012, f. & cert. ef. 9-12-12

166-500-0040

Components of a Permanent Administrative Rule Filing

(1) Permanent Administrative Rule filings have these three components:

(a) The Certificate and Order for Filing Permanent Administrative Rules (Certificate) filed on-line, including the Authorization page, signed by authorized signer, and attached as a PDF within the on-line filing system.

(b) One Microsoft Word® document containing the text of only those rules listed on the Certificate, with complete and final rule text for each rule listed, except rules being repealed, formatted as described in 166-500-0055 and attached within the on-line filing system. Pages shall be numbered consecutively, and any special instructions noted.

(c) PDFs of any tables, appendices or other specially formatted material appearing in the rule text. One PDF per rule, named with the entire rule number. The Administrative Rules Unit will include these items in the on-line Administrative Rules Compilation whenever possible, but may omit these items from print publications.

(2) Agencies adopting or amending rules incorporating published standards by reference may omit copies of the publications if applicable, pursuant to ORS 183.355(1).

(3) Each Certificate and Order for Filing Permanent Administrative Rules filed shall include only administrative rules for which prior notice was published in the Oregon Bulletin. This provision does not apply in the case of rules being renumbered only.

Stat. Auth.: ORS 183.360
Stats. Implemented: ORS 183.325, 183.330, 183.335, 183.355 & 183.360
Hist.: OSA 9-1997(Temp), f. & cert. ef. 10-6-97; [OSA 4-1995, f. 8-15-95, cert. ef. 9-1-95; Suspended by OSA 9-1997(Temp), f. & cert. ef. 10-6-97]; OSA 13-1997, f. & cert. ef. 11-3-97, Renumbered from 166-510-0011; OSA 3-2003, f. & cert. ef. 11-20-03; OSA 2-2007, f. & cert. ef. 7-31-07; OSA 5-2009, f. & cert. ef. 7-1-09; OSA 1-2011(Temp), f. & cert. ef. 6-10-11 thru 12-7-11; OSA 2-2011(Temp), f. & cert. ef. 7-1-11 thru 12-7-11; OSA 4-2011, f. & cert. ef. 10-14-11; OSA 2-2012, f. & cert. ef. 9-12-12

166-500-0050

Components of a Temporary Administrative Rule Filing

(1) Temporary Administrative Rule filings have these components:

(a) The Certificate and Order for Filing Temporary Administrative Rules (Certificate) filed on-line, including the Statement of Need and Justification, and the Authorization page signed by authorized signer, and attached as a PDF within the on-line filing system.

(b) One Microsoft Word® document containing the text of only those rules listed on the Certificate, with complete and final rule text for each rule listed, except rules being suspended, formatted as described in 166-500-0055 and attached within the on-line filing system. Pages shall be numbered consecutively, and any special instructions noted.

(c) PDFs of any tables, appendices or other specially formatted material appearing in the rule text. One PDF per rule, named with the entire rule number. The Administrative Rules Unit will include these items in the on-line Administrative Rules Compilation whenever possible, but may omit these items from print publications.

(2) Agencies adopting or amending rules incorporating published works by reference may omit copies of the publications if applicable, pursuant to ORS 183.355(1)(b).

(3) If the on-line system is unavailable, the Administrative Rules Unit will accept Temporary Rules filings by prior approval and alternative methods as described in OAR 166-500-0020(3). If faxed, a complete Temporary Administrative Rule Filing, as described in section (1) of this rule, must be delivered to the Administrative Rules Unit within three working days.

Stat. Auth.: ORS 183.360
Stats. Implemented: ORS 183.325, 183.330, 183.335, 183.355 & 183.360
Hist.: OSA 9-1997(Temp), f. & cert. ef. 10-6-97; [OSA 4-1995, f. 8-15-95, cert. ef. 9-1-95; Suspended by OSA 9-1997(Temp), f. & cert. ef. 10-6-97]; OSA 13-1997, f. & cert. ef. 11-3-97, Renumbered from 166-510-0031; OSA 3-2003, f. & cert. ef. 11-20-03; OSA 2-2007, f. & cert. ef. 7-31-07; OSA 5-2009, f. & cert. ef. 7-1-09; OSA 2-2012, f. & cert. ef. 9-12-12

166-500-0055

Rule Text to Be Filed as Part of Administrative Rule Filing

Rule text shall be included with each Permanent and Temporary Administrative Rule filing, containing Rule text in a single Microsoft Word® document attachment for each Permanent or Temporary rule filing, with formatting as follows:

(1) Microsoft Word® documents shall contain complete and final rule text for each rule listed on the Certificate, and shall be clean and free from tabs, strike-throughs, underlines, and other formats showing tracked changes. The documents shall contain only the rules that are listed on the Certificate. No rule text shall be submitted for rules being repealed or suspended;

(2) Rule text shall be 12 point, or similarly readable size;

(3) Text lines shall be from margin to margin, with no tabs and not in column form;

(4) Single spaces shall be used throughout the text, with no double spaces between sentences, no double spaces between lines, and no tabs.

(5) Division titles shall be centered, boldface and use all uppercase letters;

(6) Division subtitles shall be centered, boldface and use initial capitalization only;

(7) Rule numbers shall be in the XXX-XXX-XXXX format and shall be flush left (left justified) and boldface;

(8) Rule titles shall be flush left (left justified), boldface and use initial capitalization;

(9) Rule text shall be flush left (left justified) and use initial capitalization;

(10) Within rules the internal numbering shall be (1), (a), (A), (i), (I). There shall not be a (1) without a (2), (a) without a (b), etc.;

(11) The text of each rule shall be followed by:

(a) The specific statutory authority (“Stat. Auth.”) for that rule; and

(b) The specific statute(s) being implemented (“Stats. Implemented”) by that rule.

(12) One extra line space (hard return) shall be inserted only in the following locations in the text:

(a) Before and after centered division titles and subtitles;

(b) After the “Stats. Implemented” of each rule.

(13) Text shall appear in consecutive order by rule number;

(14) Special formatting that is acceptable in rule text:

(a) Special font usage (e.g. bold, italics, underline etc.);

(b) Special characters (e.g. degree symbol);

(c) Quoted text;

(d) Centered text or titles; and

(e) Adoptions by reference.

(15) File names for each text document shall clearly indicate the OAR chapter and division numbers for the rule text being filed.

Stat. Auth.: ORS 183.360
Stats. Implemented: ORS 183.355 & 183.360
Hist.: OSA 9-1997(Temp), f. & cert. ef. 10-6-97; OSA 13-1997, f. & cert. ef. 11-3-97; OSA 3-2003, f. & cert. ef. 11-20-03; OSA 2-2007, f. & cert. ef. 7-31-07; OSA 5-2009, f. & cert. ef. 7-1-09; OSA 2-2012, f. & cert. ef. 9-12-12

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

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