Notice of Rulemaking: Time and Manner
(1) Prior to the permanent adoption, amendment, or repeal of any rule, the chairperson of the Board or the chair’s designee shall give notice of the proposed action at least 21 days prior to the effective date:
(a) In the Secretary of State's Bulletin referred to in ORS 183.360;
(b) By providing a copy of the notice to the legislators specified in ORS 183.335(14) at least 49 days before the effective date of the rule; and
(c) By providing a copy of the notice at least 28 days prior to the effective date to persons on the Board mailing list established pursuant to ORS 183.335(7); and
(d) By providing a copy of the notice to:
(A) Oregon State Bar Bulletin;
(B) Associated Press;
(C) Release Services, County Community Corrections Offices, State of Oregon Department of Corrections;
(D) Oregon District Attorneys Association;
(E) Oregon Criminal Defense Attorneys Association;
(F) All County Public Defender Offices;
(G) All County Law Libraries;
(H) Attorney General's Office;
(I) State Public Defender;
(J) Oregon Supreme Court Law Library;
(K) University of Oregon Law Library;
(L) Northwestern School of Law, Lewis and Clark College;
(M) College of Law, Willamette University;
(N) American Civil Liberties Union;
(O) The Oregonian, Portland, Oregon;
(P) Pendleton Eastern Oregonian, Pendleton, Oregon;
(Q) The Statesman Journal, Salem, Oregon;
(R) Medford Mail Tribune;
(S) The Register Guard, Eugene, Oregon; and
(T) Others upon formal written request of the Board.
(2) When the Board has filed a temporary rule with the Secretary of State's Office, the Board shall provide a copy of the certificate and order and a copy of the temporary rule to the persons on the Board's mailing list, and to those listed in subsection (1)(c) of this section.
(3) Notwithstanding subsection (2) of this section, when the Board has filed a temporary rule with the Secretary of State's Office, newspapers and media service shall only receive a copy of the certificate and order.
(4) Notice pursuant to subsection (1) and (2) of this section shall be provided via electronic transmission, such as e-mail or other electronic technology. Notice via non-electronic means will be available upon request and upon payment of an annual fee of $15.00. The Board will make reasonable accommodations for individuals with disabilities.
Stat. Auth.: ORS 183.335 & 183.360
Stats. Implemented: ORS 183.335 & 183.360
Hist.: 2PB 1-1979, f. & ef. 2-1-79; 2PB 2-1985, f. & ef. 5-31-85; PAR 6-1988, f. & ef. 5-19-88; PAR 8-1992, f. & cert. ef. 10-9-92; PAR 1-1994, f. & cert. ef. 4-4-94; PAR 2-1994, f. 8-1-94, cert. ef. 8-15-94; PAR 1-2000, f. 1-3-00, cert. ef. 1-4-00; PAR 1-2011, f. & cert. ef. 1-11-11
(1) The Board shall adopt all new and revised rules in accordance with the provisions of ORS Chapter 183, the Oregon Attorney General's Model Rules of Procedure and ORS 192.610 to 192.710. The Board will use only those sections of the Model Rules which relate to rulemaking.
(2) The Board shall hold a business meeting, pursuant to Division 20, to consider proposed change(s) in its rules. Public notice of the meeting, and of the intent to consider rule change(s), shall be made pursuant to ORS 192.640(1).
(3) The Board, in its discretion, may limit participation by inmates in the proposed adoption, amendment or repeal of any rule to written submissions.
Stat. Auth.: ORS 183.335(1), ORS 183.335(3)(b), ORS 183.335(3)(c), ORS 192.610(1) – 192.710
Stats. Implemented: 1999 SB 2222
Hist.: 2PB 1-1979, f. & ef. 2-1-79; 2PB 2-1985, f. & ef. 5-31-85; PAR 6-1988, f. & ef. 5-19-88; PAR 8-1992, f. & cert. ef. 10-9-92; PAR 1-1994, f. & cert. ef. 4-4-94; PAR 8-1999, f. & cert. ef. 11-15-99; PAR 1-2011, f. & cert. ef. 1-11-11
Obtaining Copies of Board Rules
(1) The Board shall provide a free copy of its rules to all Oregon Department of Corrections institution law libraries and to any state agency or legislative entity that requests a copy. The Board has the discretion to determine the method of delivery in all cases. Rules will be provided in electronic format to institution libraries.
(2) Others who desire copies of Board rules shall make their requests in writing.
(a) The Board will charge a fee consistent with OAR 255-015-0015 to cover the costs of filling the request. The Board must receive payment in advance. Inmates who request copies of rules shall send authorization to withdraw funds from their inmate trust account and the Board shall verify that the account contains sufficient funds to cover the cost before providing copies.
(b) There will be no cost for copies of rules in electronic format.
Stat. Auth.: ORS 137.551 & 144
Stats. Implemented: ORS 192.800 - 192.810
Hist.: 2PB 2-1985, f. & ef. 5-31-85; PAR 6-1988, f. & ef. 5-19-88; PAR 8-1992, f. & cert. ef. 10-9-92; PAR 1-2011, f. & cert. ef. 1-11-11
Draft to Legislative Counsel
Prior to a proposed change in the rules, including temporary rules, the Board may submit a draft of the proposed action to Legislative Counsel.
Stat. Auth.: ORS 144.140, ORS 183.310 - ORS 183.550
Stats. Implemented: ORS 183
Hist.: 2PB 1-1979, f. & ef. 2-1-79; PAR 6-1988, f. & ef. 5-19-88; PAR 18-1988, f. & ef. 12-6-88
Joint Rules with Other Agencies
(1) The Board shall adopt rules jointly with other administrative agencies as required by statute.
(2) The Board may adopt rules jointly with another administrative agency when necessary to implement its own rules.
(3) Jointly adopted rules shall be specifically designated as joint rules, and the appropriate agency shall be identified in the rules.
Stat. Auth.: ORS 144
Stats. Implemented: ORS 183.310 - ORS 183.550
Hist.: PAR 6-1988, f. & ef. 5-19-88