Notice of Proposed Rule
Prior to the adoption, amendment, or repeal of any rule, other than a temporary rule which shall be adopted in accordance with ORS 183.335(5), the Oregon Institute of Technology 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 Oregon Institute of Technology mailing list established pursuant to ORS 183.335(7).
(3) By mailing a copy of the notice to the following ten days prior to the hearing:
(a) KAGO Radio -- Klamath Falls:
(b) KDKF Television -- Klamath Falls;
(c) KFLS Radio -- Klamath Falls;
(d) KLAD Radio -- Klamath Falls;
(e) KOTI Television -- Klamath Falls;
(f) KTEC Radio -- Oregon Institute of Technology, Klamath Falls;
(g) KWSA Radio -- Klamath Falls;
(h) The Edge -- Oregon Institute of Technology, Klamath Falls.
(4) By informing the campus community via electronic mail or other means.
(5) By sending a copy of the notice sent to media to the Board of Higher Education Chancellor's Office.
Contents of Notice of Rulemaking When Public Hearing Will be Held Only If Requested
When the agency plans to hold a public hearing on proposed rulemaking only if sufficient requests are received, the notice required by OAR 578-001-0000 shall include the following:
(1) The subject matter and purpose of the intended action in sufficient detail to inform a person that his interest may be affected;
(2) A description of the agency's intended action (adoption, amendment, or repeal of rule) and where practicable and appropriate setting forth verbatim any rule proposed to be adopted, amended, or repealed. (Lengthy rules may be summarized.) 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) The time and place at which data or views may be submitted in writing to the agency;
(4) A citation of the statutory or other legal authority relied upon and bearing upon the promulgation of the rule;
(5) A statement of the need for the rule and a statement of how the rule is intended to meet the need;
(6) A list of the principal documents, reports or studies, if any, prepared by or relied upon by the agency in considering the need for an in preparing the rule, and a statement of the location at which those documents are available for public inspection. The list may be abbreviated if necessary, and if so abbreviated there shall be identified the location of a complete list; and
(7) A statement of fiscal impact identifying state agencies, units of local government and the public which may be economically affected by the adoption, amendment, or repeal of the rule and an estimate of that economic impact on state agencies, units of local government and the public;
(8) A statement that if ten persons or an association having not less than ten members request a public hearing, the agency will schedule a public hearing.
Postponing Intended Action
(1) The agency shall postpone its intended action upon request of an interested person received within 15 days after agency 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 no less than ten nor more than 90 days. In determining the length of postponement, the agency 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 agency shall give notice of the postponement pursuant to OAR 578-001-0000 except that publication in the Secretary of State's Bulletin is not required.
(4) This rule does not apply to the agency adopting a temporary rule pursuant to ORS 183.335(5) and OAR 578-001-0080.
Notice of Agency Action; Certification to Secretary of State; Submitting Copy to Legislative Counsel
(1) The agency shall file in the office of the Secretary of State a certified copy of each rule adopted or amended, or notice of repeal of any rule.
(2) The agency shall submit a copy of the rule adopted, amended, or repealed to Legislative Counsel within ten days after filing a certified copy in the office of the Secretary of State.
(3) The rule shall be effective upon filing with the Secretary of State unless a later date is required by statute or specified in the rule.
(1) The agency may proceed without prior notice or hearing or upon any abbreviated notice and hearing that is practicable, to adopt, amend, or suspend a rule, if the agency prepares:
(a) A statement of its findings that its failure to act promptly will result in serious prejudice to the public interest or the interest of the parties concerned and the specific reasons for its findings of prejudice;
(b) A citation of the statutory or other legal authority relied upon and bearing upon the promulgation of the rule;
(c) A statement of the need for the rule and a statement of how the rule is intended to meet the need; and
(d) A list of the principal documents, reports or studies, if any, prepared by or relied upon by the agency in considering the need for and in preparing the rule, and a statement of the location at which those documents are available for public inspection.
(2) The agency shall take appropriate measures to make the temporary rule known to the persons who may be affected.
(3) A temporary rule adopted in compliance with this rule becomes effective immediately upon filing a certified copy with the Secretary of State or at a designated later date. The statements and other information required by section (1) of this rule shall be embodied in one document and shall be filed with the rule.
(4) The agency shall submit a copy of the rule adopted, amended or suspended to Legislative Counsel within ten days after filing a certified copy in the office of the Secretary of State.
(5) A rule temporarily suspended shall regain effectiveness upon expiration of the temporary period of suspension unless the rule is repealed prior to the 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 agency may, however, adopt an identical rule on notice in accordance with this division.
The public may review any Oregon Institute of Technology documents that are designated public records. See ORS 192.005(5) for the definition of "public records". Copies of public records are available to the public upon request in writing. Charges for these copies will be made in accordance with the most recent fee schedule on record with the OIT Business Office. All such fees must reflect material and labor costs to the College as determined by the College.
Authority to Deny
The College may deny any request for information if there is reason to believe that the information is not public or that the information is private or confidential or if the conditions for information requests from the public have not been met as determined in ORS 192.430(2). Requests that are unreasonably burdensome or disrupt College operations shall also be denied unless arrangements can be made to accommodate the requester.
Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • firstname.lastname@example.org
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