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The Oregon Administrative Rules contain OARs filed through October 15, 2014
 
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OREGON UNIVERSITY SYSTEM, UNIVERSITY OF OREGON

 

DIVISION 1

PROCEDURES FOR RULEMAKING FUNCTIONS

 

571-001-0000

Governing Law

Administrative Procedures Act Requirements:

(1) An agency is required by ORS 183.341 to adopt rules of procedure to be utilized in adopting, amending, or repealing any rule under the Administrative Procedures Act.

(2) ORS 183.310(8) defines an agency rule as: ". . . Any agency directive, regulation, or statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of any agency . . .". "Internal management directives" are excluded from the definition of a rule.

(3) The University rulemaking procedures must:

(a) Provide a general notice of the proposed rule, including publication in the Secretary of State's Administrative Rules Bulletin at least 15 days prior to the effective date;

(b) Provide specific notice to interested persons on the mailing list established pursuant to ORS 183.335(7);

(c) Provide on request copies of the notice of the intended action;

(d) Provide for an oral hearing, unless the President determines that a sufficient interest is lacking. An oral hearing is compelled upon request of ten persons within 15 days after agency notice;

(e) Provide for a written statement for public inspection during regular business hours on the intended action stating the legal authority for the rule, a statement of the need for the rule and how the rule meets the need, statement of fiscal impact, and a citation of documents, studies, or reports prepared for or relied upon in formulating the rule;

(f) Provide for submission of adopted rules to the Legislative Counsel;

(g) Provide for the filing of a statement of need, statement of fiscal impact, and certified copies of the adopted rule with the Secretary of State.

Stat. Auth.: ORS 183, ORS 351 & ORS 352
Stats. Implemented: ORS 183.335
Hist.: UOO 18(Temp), f. & ef. 2-5-76; UOO 19, f. & ef. 4-27-76; UOO 1-1978(Temp), f. & ef. 4-5-78; UOO 2-1978, f. 6-19-78, ef. 6-20-78; UOO 4-1981, f. & ef. 5-5-81; UOO 3-1982, f. & ef. 5-26-82

 

571-001-0005

Contents of Notice When University Contemplates a Public Hearing

When the University holds or contemplates a public hearing, the notice shall contain:

(1) The written statements required by ORS 183.335(2) and OAR 571-001-000(3)(e).

(2) The time, place, and manner in which the proposed rule can be inspected.

(3) The time and place of the public hearing and the manner in which interested persons may present their views at the hearing.

(4) A designation of the person or entity who will preside at and conduct the hearing.

(5) The address of the University office or offices where public inspection during regular business hours may be made of the written statements required by ORS 183.335(2) and OAR 571-001-000(3)(e), and the documents cited therein.

Stat. Auth.: ORS 183, ORS 351 & ORS 352
Stats. Implemented: ORS 183.335(1)
Hist.: UOO 18(Temp), f. & ef. 2-5-76; UOO 19, f. & ef. 4-27-76; UOO 1-1978(Temp), f. & ef. 4-5-78; UOO 2-1978, f. 6-19-78, ef. 6-20-78; UOO 4-1981, f. & ef. 5-5-81; UOO 3-1982, f. & ef. 5-26-82

 

571-001-0010

Contents of Notice Where University Does not Plan to Hold Public Hearing

(1) When the University does not plan to hold a public hearing, the notice referred to in OAR 571-001-0000 shall include the following:

(a) The written statements required by ORS 183.335(2) and OAR 571-001-0000(3)(e);

(b) A statement of the time and place at which data, views, or arguments may be submitted in writing to the University;

(c) A statement that any interested person desiring to express or submit data, views, or arguments at a public hearing must request the opportunity to do so;

(d) A designation of the person to whom a request for public hearing must be submitted and the time and place therefor;

(e) A statement that a public hearing will be held if the University receives a request for public hearing from ten or more persons or an association having not less than ten members within 15 days after notice by the University;

(f) State the subject matter and purpose of the intended action in sufficient detail to inform persons that their interests may be affected;

(g) The address of the University office or offices where public inspection during regular business hours may be made of the written statements required by ORS 183.335(2) and OAR 571-001-0000(3)(e), and the documents cited therein.

(2) If the proposed rule, amendment, or repeal thereof is not set forth verbatim in the notice, the notice shall state the time, place, and manner in which the rule or amendment may be obtained.

(3) If ten persons or an association having not less than ten members request a public hearing, the University shall give notice thereof in conformity with OAR 571-001-0005.

Stat. Auth.: ORS 183, ORS 351 & ORS 352
Stats. Implemented: ORS 183.335(2)
Hist.: UOO 18(Temp) f. & ef. 2-5-76; UOO 19, f. & ef. 4-27-76; UOO 1-1978(Temp), f. & ef. 4-5-78; UOO 2-1978, f. 6-19-78, ef. 6-20-78; UOO 4-1981, f. & ef. 5-5-81; UOO 3-1982, f. & ef. 5-26-82

 

571-001-0015

Submission to Legislative Counsel

After the University adopts a rule, the text of the adopted rule shall be submitted to Legislative Counsel within ten days after the agency files a certified copy of the rule in the Office of the Secretary of State.

Stat. Auth.: ORS 183, ORS 351 & ORS 352
Stats. Implemented: ORS 183.715
Hist.: UOO 2-1978, f. 6-19-78, ef. 6-20-78; UOO 4-1981, f. & ef. 5-5-81

 

571-001-0020

Postponing Intended Action

(1) The University shall postpone its intended action upon request of an interested person received within 15 days after notice to allow the requesting person an opportunity to submit data, views, or arguments concerning the proposed action.

(2) Postponement of the date of intended action shall be for no less than ten nor more than 90 days. In determining the length of postponement, the President shall consider the time necessary to give reasonable notice of the postponement and the complexity of the subject and issues of the intended action.

(3) The University shall give notice of the postponement pursuant to OAR 571-001-0000 except that publication in the Secretary of State's Bulletin is not required.

(4) This rule shall not apply to the procedure for adopting a temporary rule pursuant to ORS 183.335(5) and OAR 571-001-0050.

Stat. Auth.: ORS 183, ORS 351 & ORS 352
Stats. Implemented: ORS 183.335(3) & ORS 183.335(4)
Hist.: UOO 18(Temp), f. & ef. 2-5-76; UOO 19, f. & ef. 4-27-76; UOO 1-1978(Temp), f. & ef. 4-5-78; UOO 2-1978, f. & ef. 6-19-78; UOO 4-1981, f. & ef. 5-5-81

 

571-001-0025

Procedure for Providing Notice

(1) The University News Bureau shall be responsible for providing notice to appropriate media. The Office of the President shall provide notice to internal components and personnel of the University and to all other persons requesting notice.

(2) The mailing list shall contain at the least:

(a) The Oregon Daily Emerald;

(b) The Eugene Register-Guard;

(c) Education Editor, The Oregonian;

(d) The general news wire service(s) serving Oregon;

(e) The ASUO Executive;

(f) Officers of organized faculty employee groups;

(g) University of Oregon Human Resources Office;

(h) The University Library Reserve Section;

(i) The President of the University Senate;

(j) The Chair of the Faculty Advisory Council.

(3) The notice sent pursuant to section (2) of this rule shall be given not less than ten days prior to the publication date of the Oregon Administrative Rules Bulletin in which the initial notification of the proposed rulemaking is published.

(4) The University shall establish a mailing list. Upon receipt of any request for a copy of the notice, the responsible official shall:

(a) Acknowledge the request;

(b) Record the mailing made pursuant to the request on the mailing list;

(c) Indicate in the mailing the fee necessary to defray the costs of mailing;

(d) Mail the notice in conformity with the request.

(5) To keep the mailing lists current, the responsible official:

(a) Shall maintain a record of all mailings under these rules for at least one year;

(b) May purge the mailing list of names at yearly intervals where the affected individual has not affirmatively indicated a request that mailings be continued.

(6) Public inspection copies of the notice or proposed rule and the written statements provided by OAR 571-001-0000(3)(e) shall be available at:

(a) The Office of the University President;

(b) The Library Reserve Section;

(c) The Office of Assistant to the President for Legal Affairs;

(d) The Office of the ASUO President;

(e) The Office of the Vice-President for Public Affairs and Development;

(f) The Office of the President of the University Senate;

(g) Such locations as the President determines will provide adequate access by interested persons who might be affected.

(7) In the case of University policies promulgated as faculty legislation, the notice shall be deemed sufficient to inform interested parties where:

(a) The notice of a proposed policy is given in a meeting prior to the meeting in which the rule will be considered; or

(b) The secretary of the faculty circulates notice of the proposed rule prior to the meeting in which the rule will be considered.

Stat. Auth.: ORS 183, ORS 351 & ORS 352
Stats. Implemented: ORS 183.335(2)
Hist.: UOO 18(Temp), f. & ef. 2-5-76; UOO 19, f. & ef. 4-27-76; UOO 1-1978(Temp), f. & ef. 4-5-78; UOO 2-1978, f. 6-19-78, ef. 6-20-78; UOO 4-1981, f. & ef. 5-5-81; UOO 3-1982, f. & ef. 5-26-82; UOO 1-1988, f. & cert. ef. 1-20-88; UOO 5-1992, f. & cert. ef. 6-25-92

 

571-001-0030

Conduct of the Hearing

(1) The Vice-President for Administration and Finance or the Vice-President's designee shall be the presiding officer.

(2) At the commencement of the hearing, any person wishing to be heard shall advise the presiding officer of his or her name, address, and affiliation. Additional persons may be heard at the discretion of the presiding officer. The presiding officer shall provide an appropriate form for listing witnesses which shall indicate the name of the witness, whether the witness favors or opposes the proposed action, and such other information as the presiding officer may deem appropriate.

(3) At the opening of the hearing, the presiding officer shall read the notice provided for in OAR 571-001-0005 or 571-001-0010, as the case may be.

(4) Subject to the discretion of the presiding officer, the order of the presentation shall be:

(a) Statement of proponents;

(b) Statement of opponents;

(c) Statements of any other witnesses present and wishing to be heard.

(5) The presiding officer shall have the right to question or examine any witness making a statement at the hearing. At the discretion of the presiding officer, other persons may be permitted to examine witnesses.

(6) There shall be no rebuttal or additional statements given by any witness unless requested by the presiding officer. However, when such additional statement is given, the presiding officer shall allow an equal opportunity for reply.

(7) The hearing may be continued with recesses as determined by the presiding officer until all listed witnesses present and desiring to make a statement have had an opportunity to do so.

(8) The presiding officer shall, where practicable, receive all physical and documentary evidence presented by witnesses. Exhibits shall be marked and shall identify the witness offering the exhibit. The exhibits shall be preserved by the agency for one year or, in the discretion of the agency, returned to the witness offering the exhibit.

(9) The presiding officer may set reasonable time limits for oral presentation and may exclude or limit cumulative, repetitious, or immaterial matter.

(10) A verbatim oral, written, or mechanical record may be made of all the proceedings or, in the alternative, a record in the form of minutes.

Stat. Auth.: ORS 183, ORS 351 & ORS 352
Stats. Implemented: ORS 183.335(2)
Hist.: UOO 18(Temp), f. & ef. 2-5-76; UOO 19, f. & ef. 4-27-76; UOO 1-1978(Temp), f. & ef. 4-5-78; UOO 2-1978, f. 6-19-78, ef. 6-20-78; UOO 4-1981, f. & ef. 5-5-81

 

571-001-0035

Drafting the Rule

(1) The President shall designate the officer responsible for preparing proposed rules, coordinating policy and complying with legal requirements, and may subdelegate authority to adopt a rule.

(2) When the hearing is conducted before someone other than the officer designated for promulgation of the rule, the presiding officer shall, within a reasonable time, provide the promulgating officer with a brief written summary of statements given and exhibits received and a report of his observations of physical experiments, demonstrations, or exhibits. The presiding officer may also make recommendations, but these recommendations are not binding upon the University.

(3) The final draft of the rule shall be submitted to the President unless the President has subdelegated authority for final adoption of the rule. The President may authorize his approval by signature or the signature of a designee. A copy of the official rule or policy shall be kept on file in the Office of the President.

(4) The University official promulgating the rule shall:

(a) Distribute a certified copy of the rule to the Chancellor of the Oregon State Board of Higher Education;

(b) Distribute a copy for inclusion in the Administrative Memos;

(c) Arrange for an appropriate news release through the University News Bureau;

(d) Arrange for distribution to interested deans and department heads.

Stat. Auth.: ORS 183, ORS 351 & ORS 352
Stats. Implemented: ORS 183.325
Hist.: UOO 18(Temp), f. & ef. 2-5-76; UOO 19, f. & ef. 4-27-76; UOO 1-1978(Temp), f. & ef. 4-5-78; UOO 2-1978, f. 6-19-78, ef. 6-20-78; UOO 4-1981, f. & ef. 5-5-81

 

571-001-0040

Filing and Taking Effect of Rule

(1) The University shall file in the Office of the Secretary of State a certified copy of each rule adopted by it, together with the statement of need and statement of fiscal impact required by ORS 171.715(1)(c).

(2) A rule shall be effective upon filing unless a later effective date is required by statute or specified in the rule.

(3) The President delegates:

(a) To the Executive Dean, any vice-president, or assistant to the President, the authority to implement this rule;

(b) To the secretary of the faculty the authority to comply with this rule and ORS 183.355 where a University policy has been adopted within the jurisdiction of the faculty.

Stat. Auth.: ORS 183, ORS 351 & ORS 352
Stats. Implemented: ORS 183.355
Hist.: UOO 18(Temp), f. & ef. 2-5-76; UOO 19, f. & ef. 4-27-76; UOO 1-1978(Temp), f. & ef. 4-5-78; UOO 2-1978, f. 6-19-78, ef. 6-20-78; UOO 4-1981, f. & ef. 5-5-81; UOO 3-1982, f. & ef. 5-26-82

 

571-001-0045

Petition to Promulgate, Amend, or Repeal Rule: Contents of Petition, Filing of Petition

(1) An interested person may petition the University President requesting the promulgation, amendment, or repeal of a rule. The petition shall be in writing, signed by or on behalf of the petitioner, and shall contain a detailed statement of:

(a) The rule petitioner requests the University to promulgate, amend, or repeal. Where amendment of an existing rule is sought, the rule shall be set forth in the petition in full with matter proposed to be deleted therefrom enclosed in brackets and proposed additions thereto shown by underlining or boldface;

(b) Ultimate facts in sufficient detail to show the reasons for adoption, amendment, or repeal of the rule;

(c) All propositions of law to be asserted by petitioner;

(d) Sufficient facts to show how petitioner will be affected by adoption, amendment, or repeal of the rule;

(e) The name and address of petitioner and of any other person known by petitioner to be interested in the rule sought to be adopted, amended, or repealed.

(2) The petition, either in typewritten or printed form, shall be deemed filed when received by the Office of the President.

(3) Upon receipt of the petition, the University:

(a) Shall mail a true copy of the petition together with a copy of the applicable rules of practice to all parties named in the petition. Such petition shall be deemed served on the date of mailing to the last known address of the person being served. Where mailing to all named parties would constitute an unreasonable expense or unwarranted administrative burden, the University may, in its discretion, require petitioner to bear the expense of such distribution, or distribute the petition to a representative sample of named parties sufficient to serve the interests of reasonable notice;

(b) Shall advise petitioner written views must be submitted within 15 days;

(c) May schedule oral presentation of petitioner's views if petitioner makes a request therefor and the University desires to hear petitioner orally;

(d) Shall, within 30 days after date of submission of the petition, either deny the petition or initiate rulemaking proceedings in accordance with this division.

(4) In the case of a denial of a petition to promulgate, amend, or repeal a rule, the University shall issue an order setting forth its reasons for denying the petition. The order shall be mailed to the petitioner and all other persons upon whom a copy of the petition was served.

Stat. Auth.: ORS 183, ORS 351 & ORS 352
Stats. Implemented: ORS 183.390
Hist.: UOO 18(Temp), f. & ef. 2-5-76; UOO 19, f. & ef. 4-27-76; UOO 1-1978(Temp), f. & ef. 4-5-78; UOO 2-1978, f. 6-19-78, ef. 6-20-78; UOO 4-1981, f. & ef. 5-5-81

 

571-001-0050

Temporary Rules

(1) The University may proceed without prior notice or hearing, or upon any abbreviated notice and hearing that is practicable, to adopt a rule without the notice otherwise required by ORS Chapter 183 and this division. In such case the University shall:

(a) Officially adopt the proposed rule and file a certified copy of the rule with the Secretary of State together with the statement of need and how the

rule is intended to meet that need, a citation of the statutory or legal authority bearing upon the pro-posed rule and a list of the principal documents, reports or studies relied upon by the University;

(b) File a copy of the proposed rule with the Legislative Counsel and Legislative Counsel Committee within ten days after the agency files a certified copy of the rule in the Office of the Secretary of State;

(c) File with the rule the University's finding that failure to act promptly will result in serious prejudice to the public interest or to the interest of the parties concerned. The finding shall be supported by a statement of specific facts and reasons;

(d) Take appropriate measures to make the temporary rule known to the persons who may be affected;

(e) Furnish copies of the temporary rule to the Oregon Daily Emerald, the Eugene Register-Guard, or such other news media as the University may deem appropriate to comply with the notice requirement of this rule and to the University Library Reference Section, the President of the University Senate, and the President of ASUO.

(2) A temporary rule adopted in compliance with this rule becomes effective upon filing with the Secretary of State or at a designated later date prior to publication in the bulletin of the Secretary of State.

(3) A temporary rule may be effective for no longer than 180 days. The University may, however, adopt an identical rule upon notice in accordance with this division, and may give such notice contemporaneously with adoption of the temporary rule.

(4) The statements required by ORS 183.335(2), including the full text of any material cited in the statements, shall be available for public inspection during regular business hours at the office of the President.

(5) A rule temporarily suspended shall regain effectiveness upon expiration of the temporary period of suspension unless the rule is repealed prior to the expiration of the temporary period.

(6) A temporary rule may be effective for no longer than 180 days. No temporary rule may be renewed after it has been in effect 180 days. The University may, however, adopt an identical rule on notice in accordance with this division.

Stat. Auth.: ORS 183, ORS 351 & ORS 352
Stats. Implemented: ORS 183.335(5) & ORS 183.335(6)
Hist.: UOO 18(Temp), f. & ef. 2-5-76; UOO 19, f. & ef. 4-27-76; UOO 1-1978(Temp), f. & ef. 4-5-78; UOO 2-1978, f. 6-19-78, ef. 6-20-78; UOO 4-1981, f. & ef. 5-5-81; UOO 3-1982, f. & ef. 5-26-82

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