Notification of Rulemaking Activities
Prior to the adoption, amendment, or repeal of any rule, the Department of Energy shall give notice of the proposed adoption, amendment, or repeal:
(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 15 days prior to the effective date.
(2) By mailing a copy of the notice to persons on the Department of Energy's mailing list established pursuant to ORS 183.335(6).
(3) By mailing a copy of the notice to the following persons, organizations, or publications:
(a) United Press International and Associated Press;
(b) Oregon Environmental Council;
(c) Western Environmental Trade Association;
(d) Oregonian, Oregon Journal, and all other daily newspapers in Oregon;
(e) Associated Oregon Industries;
(f) Associated General Contractors;
Model Rules of Procedure
Pursuant to the provisions of ORS 183.341, the Department of Energy adopts the Attorney General’s Model Rules of Procedure under the Administrative Procedure Act as amended and effective January 1, 2008.
Stat. Auth.: ORS 183
Stats. Implemented: ORS 183
Hist.: DOE 1, f. 8-27-75, ef. 9-25-75; DOE 4-1978, f. & ef. 5-2-78; DOE 4-1980, f. & ef. 3-12-80; DOE 6-1981, f. & ef. 12-1-81; DOE 5-1988, f. & cert. ef. 8-18-88; DOE 2-2003, f. 9-24-03, cert. ef. 10-1-03; DOE 2-2010, f. & cert. ef. 1-27-10
Charges for Computer Information Requests
(1) The Department will provide, upon request, any or all of the public information in its computers. Information that is not public includes:
(a) Trade secrets;
(b) Information given to the Department in confidence and which reasonably should be considered confidential;
(c) Any other information withheld from disclosure by law.
(2) The Department will set reasonable fees for such service. Requests for service that require additional programming or new programming will not be granted unless or until the Department's own programming demands have been met.
Public Records Request
(1) All public records of the Oregon Department of Energy are available for public inspection and copying at the Department during usual business hours, except for records that the Department has determined to be exempt or conditionally exempt from disclosure in accordance with ORS Chapter 192.410–191.505 and any other references establishing an exemption to disclosure of public records.
(2) A request to inspect or obtain copies of a public record or information from public records shall be made in writing or in person, and shall include:
(a) The name, address and telephone number of the requester, except as considered unnecessary by the director;
(b) An identification of the needed public record, or of the type and format of needed public record information, if known to the requester; and
(c) The number of copies requested of the record, if copies are requested.
(3) A person who is receiving a copy of a public record or information from a public record shall pay for the department's actual cost for:
(a) Staff time necessary to locate and handle the records, to delete material exempt from disclosure and to supervise the inspection by the requester;
(b) Producing the copy or the information; and
(c) Other supplies or services necessary to furnish the copy or information.
(4) In accordance with Chapter 192 the Director may reduce or waive payment of the fee for access of a public record if the director determines that the reduction or waiver is in the public interest including when the costs associated with collecting the fee would exceed the cost of producing the public record.
(5) The requester shall pay all fees for access of a public record in advance unless later payment is approved by the director.
(6) The director establishes fees and miscellaneous charges in agency policy, reviewed periodically, but not less than every three years, to insure all charges reflect no more than the actual cost of producing and processing.
Stat. Auth.: ORS 192.430 & 192.440
Stats. Implemented: ORS 192.410 - 192.505
Hist.: DOE 2-2010, f. & cert. ef. 1-27-10