Chapter 183 — Administrative Procedures Act; Review of Rules; Civil Penalties

183.010 [Repealed by 1971 c.734 §21]

183.020 [Repealed by 1971 c.734 §21]

183.025 [Formerly 182.065; 1993 c.729 §4; 2003 c.749 §8; renumbered 183.750 in 2003]

183.030 [Repealed by 1971 c.734 §21]

183.040 [Repealed by 1971 c.734 §21]

183.050 [Repealed by 1971 c.734 §21]

183.060 [1957 c.147 §1; repealed by 1969 c.292 §3]

183.090 [1991 c.734 §2; 1997 c.387 §3; 2001 c.621 §71; renumbered 183.745 in 2003]

ADMINISTRATIVE PROCEDURES ACT (General Provisions)

183.310 Definitions for chapter

As used in this chapter: “Agency” means any state board, commission, department, or division thereof, or officer authorized by law to make rules or to issue orders, except those in the legislative and judicial branches. “Contested case” means a proceeding before an agency: In which the individual legal rights, duties or privileges of specific parties are …

183.315 Application of provisions of chapter to certain agencies

The provisions of ORS 183.410, 183.415, 183.417, 183.425, 183.440, 183.450, 183.452, 183.458, 183.460, 183.470 and 183.480 do not apply to local government boundary commissions created pursuant to ORS 199.430, the Department of Revenue, State Accident Insurance Fund Corporation, Department of Consumer and Business Services with respect to its functions under…

183.317 [1971 c.734 §187; repealed by 1979 c.593 §34]

183.320 [1957 c.717 §15; repealed by 1971 c.734 §21]

(Adoption of Rules)

183.325 Delegation of rulemaking authority to named officer or employee

Unless otherwise provided by law, an agency may delegate its rulemaking authority to an officer or employee within the agency. A delegation of authority under this section must be made in writing and filed with the Secretary of State before the filing of any rule adopted pursuant to the delegation. A delegation under this section may be made only to one or m…

183.330 Description of organization; service of order; rules coordinator; order not final until put in writing

In addition to other rulemaking requirements imposed by law, each agency shall publish a description of its organization and the methods whereby the public may obtain information or make submissions or requests. Each state agency that adopts rules shall appoint a rules coordinator and file a copy of that appointment with the Secretary of State. The rules co…

183.332 Policy statement; conformity of state rules with equivalent federal laws and rules

It is the policy of this state that agencies shall seek to retain and promote the unique identity of Oregon by considering local conditions when an agency adopts policies and rules. However, since there are many federal laws and regulations that apply to activities that are also regulated by the state, it is also the policy of this state that agencies attemp…

183.333 Policy statement; public involvement in development of policy and drafting of rules; advisory committees

The Legislative Assembly finds and declares that it is the policy of this state that whenever possible the public be involved in the development of public policy by agencies and in the drafting of rules. The Legislative Assembly encourages agencies to seek public input to the maximum extent possible before giving notice of intent to adopt a rule. The agency …

183.335 Notice; content; public comment; temporary rule adoption, amendment or suspension; substantial compliance required

Prior to the adoption, amendment or repeal of any rule, the agency shall give notice of its intended action: In the manner established by rule adopted by the agency under ORS 183.341 (4), which provides a reasonable opportunity for interested persons to be notified of the agency’s proposed action; In the bulletin referred to in ORS 183.360 at least 21 days…

183.336 Cost of compliance effect on small businesses

The statement of cost of compliance effect on small businesses required by ORS 183.335 (2)(b)(E) must include: An estimate of the number of small businesses subject to the proposed rule and identification of the types of businesses and industries with small businesses subject to the proposed rule; A brief description of the projected reporting, recordkeepi…

183.337 Procedure for agency adoption of federal rules

Notwithstanding ORS 183.335, when an agency is required to adopt rules or regulations promulgated by an agency of the federal government and the agency has no authority to alter or amend the content or language of those rules or regulations prior to their adoption, the agency may adopt those rules or regulations under the procedure prescribed in this section…

183.338 Use of term “noncitizen” in rules and regulations

As used in this section: “Noncitizen” means an individual who is not a citizen or national of the United States. “State agency” means any state officer, board, commission, department, division, institution, branch or agency of the state government. A state agency shall use the term “noncitizen” to reference an individual who is not a citizen or national o…

183.340 [1957 c.717 §3 (3); 1971 c.734 §6; repealed by 1975 c.759 §5 (183.341 enacted in lieu of 183.340)]

183.341 Model rules of procedure; establishment; compilation; publication; agencies required to adopt procedural rules

The Attorney General shall prepare model rules of procedure appropriate for use by as many agencies as possible. Except as provided in ORS 183.630, any agency may adopt all or part of the model rules by reference without complying with the rulemaking procedures under ORS 183.335. Notice of such adoption shall be filed with the Secretary of State in the manne…

183.350 [1957 c.717 §3 (1), (2); repealed by 1971 c.734 §21]

183.355 Filing and taking effect of rules; filing of executive orders; copies; fees; rules

The Secretary of State shall by rule prescribe requirements for the manner and form for filing rules adopted, amended or repealed by agencies. The Secretary of State may refuse to accept for filing any rules that do not comply with the requirements. Each agency shall file with the office of the Secretary of State each rule adopted by the agency. Unless oth…

183.360 Publication of rules and orders; exceptions; requirements; bulletin; judicial notice; citation

The Secretary of State shall compile, index and publish all rules adopted by each agency. The compilation shall be supplemented or revised as often as necessary. Such compilation supersedes any other rules. The Secretary of State may make such compilations of other material published in the bulletin as are desirable. The Secretary of State may copyright the …

183.362 [1993 c.729 §12; repealed by 2017 c.518 §9]

183.365 Publication of administrative rules in electronic form

Pursuant to ORS 183.360, the Secretary of State shall publish in electronic form administrative rules adopted or amended by state agencies and make the information available to the public and members of the Legislative Assembly. The Secretary of State shall determine the most cost-effective format and procedures for the timely release of the information des…

183.370 Distribution of published rules

The bulletins and compilations may be distributed by the Secretary of State free of charge as provided for the distribution of legislative materials referred to in ORS 171.236. Other copies of the bulletins and compilations shall be distributed by the Secretary of State at a cost determined by the Secretary of State. Any agency may compile and publish its ru…

183.380 [1957 c.717 §4 (5); repealed by 1971 c.734 §21]

183.390 Petitions requesting adoption of rules

An interested person may petition an agency requesting the promulgation, amendment or repeal of a rule. The Attorney General shall prescribe by rule the form for such petitions and the procedure for their submission, consideration and disposition. Not later than 90 days after the date of submission of a petition, the agency either shall deny the petition in …

183.400 Judicial determination of validity of rule

The validity of any rule may be determined upon a petition by any person to the Court of Appeals in the manner provided for review of orders in contested cases. The court shall have jurisdiction to review the validity of the rule whether or not the petitioner has first requested the agency to pass upon the validity of the rule in question, but not when the p…

183.403 Agency report to Legislative Assembly regarding temporary rules

As used in this section: “Agency” has the meaning given that term in ORS 183.310. “Rule” has the meaning given that term in ORS 183.310. “Statement of need” means the statement described in ORS 183.335 (5)(c). No later than February 1 of each year, an agency that is subject to ORS 183.335 shall provide a report to the Legislative Assembly, in the manner …

183.405 Agency review of rules; report by Secretary of State

Not later than five years after adopting a rule, an agency shall review the rule for the purpose of determining: Whether the rule has had the intended effect; Whether the anticipated fiscal impact of the rule was underestimated or overestimated; Whether subsequent changes in the law require that the rule be repealed or amended; Whether there is continued…

183.407 Small Business Rules Advisory Committee

The Small Business Rules Advisory Committee is established to serve as an advisory committee for agencies adopting new administrative rules and to review the effectiveness of existing administrative rules. The committee consists of nine members as follows: Two representatives of small businesses appointed by the Governor; Two representatives of small busi…

183.410 Agency determination of applicability of rule or statute to petitioner; effect; judicial review

On petition of any interested person, any agency may in its discretion issue a declaratory ruling with respect to the applicability to any person, property, or state of facts of any rule or statute enforceable by it. A declaratory ruling is binding between the agency and the petitioner on the state of facts alleged, unless it is altered or set aside by a cou…

183.411 Delegation of final order authority

Unless otherwise provided by law, an agency may delegate authority to enter a final order in a proceeding or class of proceedings to an officer or employee of the agency, or to a class of officers or employees of the agency. A delegation of authority under this section must be made in writing before the issuance of any order pursuant to the delegation and mu…

183.413 Notice to parties before hearing of rights and procedure; failure to provide notice

The Legislative Assembly finds that parties to a contested case hearing have a right to be informed as to the procedures by which contested cases are heard by state agencies, their rights in hearings before state agencies, the import and effect of hearings before state agencies and their rights and remedies with respect to actions taken by state agencies. Ac…

183.415 Notice of right to hearing

The Legislative Assembly finds that persons affected by actions taken by state agencies have a right to be informed of their rights and remedies with respect to the actions. In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice, served personally or by registered or certified mail. Notice under this section m…

183.417 Procedure in contested case hearing

In a contested case proceeding, the parties may elect to be represented by counsel and to respond and present evidence and argument on all issues properly before the presiding officer in the proceeding. Agencies may adopt rules of procedure governing participation in contested case proceedings by persons appearing as limited parties. Unless prohibited by l…

183.418 [1973 c.386 §6; 1989 c.224 §11; 1991 c.750 §5; repealed by 1999 c.1041 §9]

183.420 [1957 c.717 §8 (1); repealed by 1971 c.734 §21]

183.421 [1991 c.750 §4; repealed by 1999 c.1041 §9]

183.425 Depositions or subpoena of material witness; discovery

On petition of any party to a contested case, or upon the agency’s own motion, the agency may order that the testimony of any material witness may be taken by deposition in the manner prescribed by law for depositions in civil actions. Depositions may also be taken by the use of audio or audio-visual recordings. The petition shall set forth the name and addr…

183.430 Hearing on refusal to renew license; exceptions

In the case of any license which must be periodically renewed, where the licensee has made timely application for renewal in accordance with the rules of the agency, such license shall not be deemed to expire, despite any stated expiration date thereon, until the agency concerned has issued a formal order of grant or denial of such renewal. In case an agency…

183.435 Period allowed to request hearing for license refusal on grounds other than test or inspection results

When an agency refuses to issue a license required to pursue any commercial activity, trade, occupation or profession if the refusal is based on grounds other than the results of a test or inspection that agency shall grant the person requesting the license 60 days from notification of the refusal to request a hearing.

183.440 Subpoenas in contested cases

An agency may issue subpoenas on its own motion in a contested case. In addition, an agency or hearing officer in a contested case may issue subpoenas upon the request of a party to a contested case upon a showing of general relevance and reasonable scope of the evidence sought. A party entitled to have witnesses on behalf of the party may have subpoenas iss…

183.445 Subpoena by agency or attorney of record of party when agency not subject to ORS 183.440

In any proceeding before an agency not subject to ORS 183.440 in which a party is entitled to have subpoenas issued for the appearance of witnesses on behalf of the party, a subpoena may be issued by an attorney of record of the party, subscribed by the signature of the attorney. A subpoena issued by an attorney of record may be enforced in the same manner a…

183.450 Evidence in contested cases

In contested cases: Irrelevant, immaterial or unduly repetitious evidence shall be excluded but erroneous rulings on evidence shall not preclude agency action on the record unless shown to have substantially prejudiced the rights of a party. All other evidence of a type commonly relied upon by reasonably prudent persons in conduct of their serious affairs s…

183.452 Representation of agencies at contested case hearings

Agencies may, at their discretion, be represented at contested case hearings by the Attorney General. Notwithstanding ORS 9.160 and 9.320 and ORS chapter 180, and unless otherwise authorized by another law, an agency may be represented at contested case hearings by an officer or employee of the agency if: The Attorney General has consented to the represent…

183.453 Representation of Oregon Health Authority and Department of Human Services at contested case hearings

The Oregon Health Authority and the Department of Human Services may be represented at contested case hearings by an officer or employee of either the authority or the department, subject to the requirements of ORS 183.452. Note: 183.453 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 183 or any series the…

183.455 [1987 c.259 §3; repealed by 1999 c.448 §10]

183.457 Representation of persons other than agencies participating in contested case hearings

Notwithstanding ORS 8.690, 9.160 and 9.320, and unless otherwise authorized by another law, a person participating in a contested case hearing conducted by an agency described in this subsection may be represented by an attorney or by an authorized representative subject to the provisions of subsection (2) of this section. The Attorney General shall prepare …

183.458 Nonattorney and out-of-state attorney representation of parties in certain contested case hearings

Notwithstanding any other provision of law, in any contested case hearing before a state agency involving child support, public assistance as defined in ORS 411.010, medical assistance as defined in ORS 414.025 or the right to be free from potentially unusual or hazardous treatment procedures under ORS 426.385 (3), a party may be represented by any of the fo…

183.459 Representation of home care worker by labor union representative

Notwithstanding ORS 8.690, 9.160 and 9.320, a home care worker or personal support worker, as defined in ORS 410.600, who is a party in a contested case hearing conducted by the Department of Human Services may be represented in the hearing by a labor union representative. Notwithstanding ORS 8.690, 9.160 and 9.320, a family child care provider, as defined …

183.460 Examination of evidence by agency

Whenever in a contested case a majority of the officials of the agency who are to render the final order have not heard the case or considered the record, the order, if adverse to a party other than the agency itself, shall not be made until a proposed order, including findings of fact and conclusions of law, has been served upon the parties and an opportuni…

183.462 Agency statement of ex parte communications; notice

The agency shall place on the record a statement of the substance of any written or oral ex parte communications on a fact in issue made to the agency during its review of a contested case. The agency shall notify all parties of such communications and of their right to rebut the substance of the ex parte communications on the record.

183.464 Proposed order by hearing officer; amendment by agency; exemptions

Except as otherwise provided in subsections (1) to (4) of this section, unless a hearing officer is authorized or required by law or agency rule to issue a final order, the hearing officer shall prepare and serve on the agency and all parties to a contested case hearing a proposed order, including recommended findings of fact and conclusions of law. The prop…

183.470 Orders in contested cases

In a contested case: Every order adverse to a party to the proceeding shall be in writing or stated in the record and may be accompanied by an opinion. A final order shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the underlying facts supporting the findings as to each contested …

183.471 Preservation of orders in electronic format; fees

When an agency issues a final order in a contested case, the agency shall maintain the final order in a digital format that: Identifies the final order by the date it was issued; Is suitable for indexing and searching; and Preserves the textual attributes of the document, including the manner in which the document is paginated and any boldfaced, italicize…

183.480 Judicial review of agency orders

Except as provided in ORS 183.417 (3)(b), any person adversely affected or aggrieved by an order or any party to an agency proceeding is entitled to judicial review of a final order, whether such order is affirmative or negative in form. A petition for rehearing or reconsideration need not be filed as a condition of judicial review unless specifically otherw…

183.482 Jurisdiction for review of contested cases; procedure; scope of court authority

Jurisdiction for judicial review of contested cases is conferred upon the Court of Appeals. Proceedings for review shall be instituted by filing a petition in the Court of Appeals. The petition shall be filed within 60 days only following the date the order upon which the petition is based is served unless otherwise provided by statute. If a petition for reh…

183.484 Jurisdiction for review of orders other than contested cases; procedure; scope of court authority

Jurisdiction for judicial review of orders other than contested cases is conferred upon the Circuit Court for Marion County and upon the circuit court for the county in which the petitioner resides or has a principal business office. Proceedings for review under this section shall be instituted by filing a petition in the Circuit Court for Marion County or t…

183.485 Decision of court on review of contested case

The court having jurisdiction for judicial review of contested cases shall direct its decision, including its judgment, to the agency issuing the order being reviewed and may direct that its judgment be delivered to the circuit court for any county designated by the prevailing party for entry in the circuit court’s register. Upon receipt of the court’s deci…

183.486 Form and scope of decision of reviewing court

The reviewing court’s decision under ORS 183.482 or 183.484 may be mandatory, prohibitory, or declaratory in form, and it shall provide whatever relief is appropriate irrespective of the original form of the petition. The court may: Order agency action required by law, order agency exercise of discretion when required by law, set aside agency action, remand…

183.490 Agency may be compelled to act

The court may, upon petition as described in ORS 183.484, compel an agency to act where it has unlawfully refused to act or make a decision or unreasonably delayed taking action or making a decision.

183.495 [1975 c.759 §16a; repealed by 1985 c.757 §7]

183.497 Awarding costs and attorney fees when finding for petitioner

In a judicial proceeding designated under subsection (2) of this section the court: May, in its discretion, allow a petitioner reasonable attorney fees and costs if the court finds in favor of the petitioner. Shall allow a petitioner reasonable attorney fees and costs if the court finds in favor of the petitioner and determines that the state agency acted …

183.500 Appeals

Any party to the proceedings before the circuit court may appeal from the judgment of that court to the Court of Appeals. Such appeal shall be taken in the manner provided by law for appeals from the circuit court in suits in equity. (Alternative Dispute Resolution)

183.502 Authority of agencies to use alternative means of dispute resolution; model rules; amendment of agreements and forms; agency alternative dispute resolution programs

Unless otherwise prohibited by law, agencies may use alternative means of dispute resolution in rulemaking proceedings, contested case proceedings, judicial proceedings in which the agency is a party, and any other decision-making process in which conflicts may arise. The alternative means of dispute resolution may be arbitration, mediation or any other coll…

183.510 [1957 c.717 §16; repealed by 1971 c.734 §21]

(Housing Cost Impact Statement)

183.530 Housing cost impact statement required for certain proposed rules

A housing cost impact statement shall be prepared upon the proposal for adoption or repeal of any rule or any amendment to an existing rule by: The Oregon Housing Stability Council; A building codes division of the Department of Consumer and Business Services or any board associated with the department with regard to rules adopted under ORS 455.610 to 455.…

183.534 Housing cost impact statement described; rules

A housing cost impact statement is an estimate of the effect of a proposed rule or ordinance on the cost of development of a 6,000 square foot parcel and the construction of a 1,200 square foot detached single family dwelling on that parcel. The Housing and Community Services Department shall adopt rules prescribing the form to be used when preparing the est…

183.538 Effect of failure to prepare housing cost impact statement; judicial review

Notwithstanding ORS 183.335 (12), 183.400 (4) or any other provision of law, the failure to prepare a housing cost impact statement shall not affect the validity or effective date of any rule or ordinance or any amendment to a rule or ordinance. If a rule or ordinance or any amendment to a rule or ordinance is challenged based on the failure to prepare a ho…

183.540 Reduction of economic impact on small business

If the statement of cost of compliance effect on small businesses required by ORS 183.335 (2)(b)(E) shows that a rule has a significant adverse effect upon small business, to the extent consistent with the public health and safety purpose of the rule, the agency shall reduce the economic impact of the rule on small business by: Establishing differing compli…

183.545 [1981 c.755 §5; repealed by 2003 c.749 §17]

183.550 [1981 c.755 §6; repealed by 2003 c.749 §17]

183.560 [2001 c.374 §1; 2003 c.740 §1; renumbered 183.700 in 2003]

183.562 [2001 c.374 §2; renumbered 183.702 in 2003]

183.600 [1999 c.849 §2; 2003 c.75 §1; repealed by 2009 c.866 §4]

(Office of Administrative Hearings)

183.605 Office of Administrative Hearings

The Office of Administrative Hearings is established within the Employment Department. The office shall be managed by the chief administrative law judge appointed under ORS 183.610. The office shall make administrative law judges available to agencies under ORS 183.605 to 183.690. Administrative law judges assigned from the office under ORS 183.605 to 183.69…

183.610 Chief administrative law judge

The Governor shall appoint a person to serve as chief administrative law judge for the Office of Administrative Hearings. The appointment of the chief administrative law judge is subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565. At the time of appointment, the chief administrative law judge must be an active licensee…

183.615 Administrative law judges; duties; qualifications; rules

An administrative law judge employed by or contracting with the chief administrative law judge shall conduct hearings on behalf of agencies as assigned by the chief administrative law judge. An administrative law judge shall be impartial in the performance of the administrative law judge’s duties and shall remain fair in all hearings conducted by the adminis…

183.620 Contract administrative law judges

The chief administrative law judge for the Office of Administrative Hearings may contract for the services of persons to act as administrative law judges. Contract administrative law judges shall meet the same qualifications as administrative law judges regularly employed by the chief administrative law judge and shall be paid at an hourly rate comparable t…

183.625 Assignment of administrative law judges; conduct of hearings

In assigning an administrative law judge to conduct hearings on behalf of an agency, the chief administrative law judge shall, whenever practicable, assign an administrative law judge that has expertise in the legal issues or general subject matter of the proceeding. Notwithstanding any other provision of state law, any agency that is required to use admini…

183.630 Model rules of procedure; exemptions; depositions

Except as provided in subsection (2) of this section, all contested case hearings conducted by administrative law judges assigned from the Office of Administrative Hearings must be conducted pursuant to the model rules of procedure prepared by the Attorney General under ORS 183.341 if the hearing is subject to the procedural requirements for contested case p…

183.635 Agencies required to use administrative law judges from Office of Administrative Hearings; exceptions

Except as provided in this section, all agencies must use administrative law judges assigned from the Office of Administrative Hearings established under ORS 183.605 to conduct contested case hearings, without regard to whether those hearings are subject to the procedural requirements for contested case hearings. The following agencies need not use administ…

183.640 Use of Office of Administrative Hearings by exempt agencies and by political subdivisions

Upon request of an agency, the chief administrative law judge for the Office of Administrative Hearings may assign administrative law judges from the office to conduct contested case proceedings on behalf of agencies that are exempted from mandatory use of administrative law judges assigned from the office under ORS 183.635. The chief administrative law jud…

183.645 Request for change of administrative law judge; rules

After assignment of an administrative law judge from the Office of Administrative Hearings to conduct a hearing on behalf of an agency, the chief administrative law judge shall assign a different administrative law judge for the hearing upon receiving a written request from any party in the contested case or from the agency. The chief administrative law judg…

183.650 Form of order; modification of form of order by agency; finding of historical fact

In any contested case hearing conducted by an administrative law judge assigned from the Office of Administrative Hearings, the administrative law judge shall prepare and serve on the agency and all parties to the hearing a form of order, including recommended findings of fact and conclusions of law. The administrative law judge shall also prepare and serve …

183.655 Fees

The chief administrative law judge for the Office of Administrative Hearings shall establish a schedule of fees for services rendered by administrative law judges assigned from the office. The fee charged shall be in an amount calculated to recover the cost of providing the administrative law judge, the cost of conducting the hearing and all associated admin…

183.660 Office of Administrative Hearings Operating Account

The Office of Administrative Hearings Operating Account is created within the General Fund. The account shall consist of moneys paid into the account under ORS 183.655. Moneys credited to the account are continuously appropriated to the chief administrative law judge for the Office of Administrative Hearings created under ORS 183.605 for the purpose of payin…

183.665 Estimates of office expenses

The chief administrative law judge for the Office of Administrative Hearings shall estimate in advance the expenses that the office will incur during each biennium and shall notify each agency required to use the office’s services of the agency’s share of the anticipated expenses for periods within the biennium.

183.670 Rules

Subject to the provisions of the State Personnel Relations Law, the chief administrative law judge for the Office of Administrative Hearings may adopt rules to: Organize and manage the Office of Administrative Hearings established under ORS 183.605. Facilitate the performance of the duties of administrative law judges assigned from the office. Establish q…

183.675 Alternative dispute resolution

ORS 183.605 to 183.690 do not limit in any way the ability of any agency to use alternative dispute resolution, including mediation or arbitration, to resolve disputes without conducting a contested case hearing or without requesting assignment of an administrative law judge from the Office of Administrative Hearings.

183.680 Standards and training program

The chief administrative law judge for the Office of Administrative Hearings, working in coordination with the Attorney General, shall design and implement a standards and training program for administrative law judges employed by the office and for persons seeking to be employed as administrative law judges by the office. The program shall include: The est…

183.685 Ex parte communications

An administrative law judge assigned from the Office of Administrative Hearings who is presiding in a contested case proceeding and who receives an ex parte communication described in subsections (3) and (4) of this section shall place in the record of the pending matter: The name of each person from whom the administrative law judge received an ex parte co…

183.690 Office of Administrative Hearings Oversight Committee

The Office of Administrative Hearings Oversight Committee is created. The committee consists of nine members, as follows: The President of the Senate and the Speaker of the House of Representatives shall appoint four legislators to the committee. Two shall be Senators appointed by the President. Two shall be Representatives appointed by the Speaker. The Go…

183.700 Permits subject to ORS 183.702

As used in this section and ORS 183.702, “permit” means an individual and particularized license, permit, certificate, approval, registration or similar form of permission required by law to pursue any activity specified in this section, for which an agency must weigh information, make specific findings and make determinations on a case-by-case basis for eac…

183.702 Statement of criteria and procedures for evaluating permit application; documentation of decision on application; required signature

At the time a person applies for a permit specified in ORS 183.700, the issuing agency shall offer a document to that applicant that specifies the criteria and procedures for evaluating a permit application. The agencies specified in ORS 183.700 must document in writing the basis for all decisions to deny a permit specified in ORS 183.700, including citatio…

183.705 Extended term for renewed licenses; fees; continuing education; rules

Notwithstanding any other provision of law, an agency that issues licenses that must be renewed on an annual basis under the laws administered by the agency also may offer those licenses with terms of two, three, four or five years. Notwithstanding any other provision of law, an agency that issues licenses that must be renewed on a biennial basis under the l…

183.710 Definitions for ORS 183.710 to 183.730

As used in ORS 183.710 to 183.730, unless the context requires otherwise: “Interim committee” means a committee of the Legislative Assembly that is scheduled to meet when the Legislative Assembly is not in session and that has subject-matter jurisdiction over the state agency that has adopted a rule, as set forth in the subject-matter jurisdiction list deve…

183.715 Submission of adopted rule to Legislative Counsel required

If a state agency adopts, amends or repeals a rule, the Secretary of State shall electronically submit a copy of the adopted, amended or repealed rule to the Legislative Counsel within 10 days after the agency files the rule in the office of the Secretary of State as provided in ORS 183.355. The electronic transmission of an amended rule that is submitted to…

183.720 Procedure for review of agency rule; reports on rules claimed to be duplicative or conflicting

The Legislative Counsel may review, or shall review at the direction of the Legislative Counsel Committee, a proposed rule or an adopted rule of a state agency. The Legislative Counsel may review an adopted rule of a state agency upon the written request of any person affected by the rule. The Legislative Counsel shall review a proposed or adopted rule of a…

183.722 Required agency response to Legislative Counsel determination; consideration of determination by interim committee

If the Legislative Counsel determines under ORS 183.720 (3) that a proposed or adopted rule is not within the intent and scope of the enabling legislation purporting to authorize the rule’s adoption, or that the rule is not constitutional, and the Legislative Counsel has provided a copy of that determination to the state agency pursuant to 183.720 (6), the a…

183.724 Designation of interim committees for purposes of considering rule reports

As soon as is practicable after the end of each odd-numbered year regular legislative session, the Legislative Counsel shall develop a list of state agencies with areas of responsibility that are primarily within the subject-matter jurisdiction of interim committees of the Legislative Assembly. The Legislative Counsel shall assign all state agencies to at le…

183.725 [Formerly 171.713; 1993 c.729 §8; 1997 c.602 §5; 1999 c.31 §1; 2009 c.81 §6; repealed by 2017 c.518 §9]

(Oregon Sunshine Committee)

183.730 Review of rule by Oregon Sunshine Committee

As used in this section, “public record” has the meaning given that term in ORS 192.311. The Oregon Sunshine Committee shall include in the plan or schedule for review established under ORS 192.511 an adopted rule of a state agency upon the written request of any person affected by the rule if the adopted rule impacts the disclosure, or exemption from discl…

183.745 Civil penalty procedures; notice; hearing; judicial review; exemptions; recording; enforcement

Except as otherwise provided by law, an agency may only impose a civil penalty as provided in this section. A civil penalty imposed under this section shall become due and payable 10 days after the order imposing the civil penalty becomes final by operation of law or on appeal. A person against whom a civil penalty is to be imposed shall be served with a no…

183.750 State agency required to prepare public writings in readable form

Every state agency shall prepare its public writings in language that is as clear and simple as possible. As used in this section: “Public writing” means any rule, form, license or notice prepared by a state agency. “State agency” means any officer, board, commission, department, division or institution in the executive or administrative branch of state g…