The Oregon Administrative Rules contain OARs filed through April 15, 2017







Notice Rule for Rulemaking

Prior to the adoption, amendment or repeal of any permanent rule, the chairperson of the Criminal Justice Commission or designee shall give notice of the proposed action:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date of the proposed rule.

(2) By furnishing a copy of the notice to persons on the Criminal Justice Commission mailing list established pursuant to ORS 183.335(7) at least 28 days prior to the effective date of the proposed rule.

(3) By furnishing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days prior to the effective date of the proposed rule.

(4) By furnishing a copy of the notice at least 28 days prior to the effective date of the proposed rule to:

(a) Associated Press;

(b) The Oregonian, Portland, Oregon;

(c) East Oregonian, Pendleton, Oregon;

(d) Statesman Journal, Salem, Oregon;

(e) Medford Mail Tribune, Medford, Oregon;

(f) The Register Guard, Eugene, Oregon;

(g) The Bulletin, Bend, Oregon;

(h) Oregon State Bar Bulletin;

(i) Chief Justice, Oregon Supreme Court;

(j) Chief Judge, Oregon Court of Appeals;

(k) Oregon Circuit Judges Association;

(l) Office of the Attorney General;

(m) State Court Administrator;

(n) American Civil Liberties Union;

(o) Association of Oregon Counties;

(p) Crime Victims United;

(q) Oregon Association Chiefs of Police;

(r) Oregon Community Corrections Directors Association;

(s) Oregon Criminal Defense Lawyers Association;

(t) Oregon District Attorneys Association;

(u) Oregon State Sheriffs Association;

(v) Office of Public Defense Services;

(w) Rules Coordinator, Department of Corrections;

(x) Association of Municipal Court Judges;

(y) Justices of the Peace Association; and

(z) Board of Parole and Post-Prison Supervision.

Stat. Auth.: ORS 183.341(2) & (4)
Stats. Implemented: ORS 183.341(2) & (4)
Hist.: SSGB 1-1988, f. & cert. ef. 11-16-88; SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93; CJC 1-1995(Temp), f. & cert. ef. 9-1-95; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-001-0000; CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97; CJC 1-1999, f. & cert. ef. 11-1-99; CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04; CJC 1-2006, f. & cert. ef. 4-12-06; CJC 3-2012(Temp), f. & cert. ef. 4-27-12 thru 10-23-12; CJC 4-2012, f. & cert. ef. 10-16-12


Rulemaking Procedure

(1) All new and revised rules will be adopted in accordance with the provisions of ORS Chapter 183 and the Model Rules of Procedure adopted by the Oregon Attorney General.

(2) Amendments to the following divisions take effect on January 1, 2004: OAR 213-001-0000 and 0005; 213-003-0001(14), (15), (16); 213-005-0001, 0004, and 0007; 213-011-0003; 213-017-0001, 0002, 0003, 0004, 0005, 0006, 0007, 0008, 0009, 0010, and 0011, and 213-018-0038, 0050, and 0090; and 213-019-0007, 0008, 0010, 0011, 0012, and 0015.

(3) Adoption of rules OAR 213-018-0047 and 0048 take effect on January 1, 2004.

Stat. Auth.: ORS 137.596, 137.667, 421.412, 475.986, 475.998, 811.707
Stats. Implemented: ORS 137.667 - 137.669; 2001 Oregon Laws Chapters 147, 387, 502, 510, 615, 635, 696, 737, 804, 828, 857, 870, 884, 919, and 926; and 2003 OL Ch. 383, 453, 464, 484, 543, 550, 577, 632, 633, 804, 815.
Hist.: SSGB 1-1988, f. & cert. ef. 11-16-88; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96; Renumbered from 253-001-0005; CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97; CJC 1-1999, f. & cert. ef. 11-1-99; CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02; CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04


Drug Court Grant Procedure

(1) For grants exceeding $10,000.00, CJC shall use a written solicitation to obtain grant applications. For grants up to and including $10,000.00, CJC may use alternate methods of selection.

(2) CJC may negotiate with an applicant to clarify its application or to effect modifications that will make the application acceptable or make the application more advantageous to CJC.

(3) CJC shall award grant funds to applicants based on criteria set forth in the solicitation. CJC, in its sole discretion, shall determine the number of grants to be awarded. In awarding grant funds, CJC may consider the merits of each solicitation, the geographic distribution of awardees, and other factors determined to be relevant by CJC.

(4) CJC may, in its sole discretion, waive solicitation requirements or cancel any solicitation in whole or in part if it deems such action to be in the best interests of the Commission.

(5) CJC may amend a grant awarded under this rule.

(6) The provisions of this rule shall apply retroactively to January 1, 2006.

Stat. Auth.: ORS 136.656
Stats. Implemented: ORS 3.450 & 137.656
Hist.: CJC 2-2007(Temp), f. & cert. ef. 10-15-07 thru 4-11-08; CJC 4-2007, f. 12-31-07 & cert. ef. 4-12-08

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