ADMINISTRATIVE PROCEDURES ACT 183^10 

183.010-[Repealed by 1971 c.734 §21] 

183.020 [Repealed by 1971 c.734 §21] 

18a025 [Formerly 182.065; 1993 c.729 §4; 2003 c.749 

§8; renumbered 183.750 in 2003] 

ISaOSO [Repealed by 1971 c.734 §21] 

183.040 [Repealed by 1971 c.734 §21] 

18a050 [Repealed by 1971 c.734 §21] 

ISaoeO [1957 C.147 §1; repealed by 1969 c.292 §3] 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: 

(1) "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. 

(2)(a) "Contested case" means a proceeding before an agency: , 

(A) In which the individual legal rights, 

duties or privileges of specifiG parties are required by statute or Constitution to be dfetermined only after an agency hearing at 

which such specific parties are entitled to 

appear and be heard; 

(B) Where the agency has discretion to 

suspend or revoke a right or privilege of a 

person; , , ,> 

(C) For the suspension, revocation or refusal to renew or issue a license where the 

licensee or applicant for a license demands 

such hearing; or 

(D) "Where the agency by rule or orderprovides for hearings substantially of the 

character required by ORS 183.415,. 183.417, 

183.425,. 183.450, 183,460 and 183.470. .. 

(b) "Contested case" does not include 

proceedings in which an agency decision 

rests solely on the restilt of a test. 

':, (3) "Economic effect" means the economic impact on affected businesses by and 

the bosts of cbmpliance, if;any, with a rule 

for businesses', including but riot limited to 

the costs of equipriient, supplies, labor and 

administration, . 

(4) "Hearing officer" includes an administrative law judge. , 

(5) "License" includes the whole or part 

of any agency permit, certificate j-, approval, 

registration or similar form of permission required by law to pursue any commercial activity, trade, occupation or profession. 

(6)(a) "Order" means: any agency- action 

expressed orally or in writing directed to a 

named person or named persons, other than 

employees, officers or members of an agency. 

"Order" includes any agency determination 

or decision issued in connection with a contested, case proceeding. "Order" includes: 

(A) Agency action under ORS chapter 

657 making determination for purposes of 

unemployment compensation of employees of 

the state; 

(B) Agency action under ORS chapter 240 

which grarits, denies, modifies, suspends or 

revokes any right or privilege of an employee 

of the state; and ' 

(C) Agency action under ORS 468B.050 to 

issue a permit. 

(b) "Final order" means final agency action expressed in writing. "Final order" does 

not include any tentative or pireliminary 

agency declaration or statement that: 

(A) Precedes final agency action; or 

(B) Does not preclude further agency 

consideration of the subject matter of the 

stateriient or declaration. 

"(7) "Party" means:.. : \ 

(a) Each person or agency entitled as of 

right to a hearing before the agency; 

(b) Each person or agency named by the 

agericy to be a party; or 

(c) Any person requestirig to participate 

before the agency as a party or in a limited 

party status which the agency determines either has. an interest in the outcome of thfe 

agency's proceedirig or represents a public 

interest in such result. The agency's diefermination is subject to judicial review in the 

manner' provided by ORS 183;482 after the 

agericy has issued its final order iri' the proceedings.-

(8) "Person" means any iridividual,, partnership, corporation, association, goverrimental subdivision or public or private 

organizatiori i of ariy character other than an 

agency; ;' ; ' .•' '• 

(9) "Rule" means ariy agency directive, 

standard, regulation or statemerit of general 

applicability that implements, interprets or 

prescribes law or policy, or describes the 

procedure or practice requirements of' any 

agericy. The term includes the ameridment or 

repeal of a prior rule, but does not include: 

(a) Unless a hearing is required by statute, internal management directives, regulations or statements which do not 

substantially affect the interests of the public; 

(A) Between agencies, or their officers or 

their employees; or 

(B) Within an' agency, between its ofifir 

cers or between employees., 

(b) Action by agencies directed to other 

agencies or other units of government which 

Title 18 Page 251 (2009 Edition) 
183^15 EXECUTIVE BRANCH; ORGANIZATION 

do not substantially affect the interests of 

the public. 

(c) Declaratory rulings issued pursuant 

to ORS 183.410 or 305.105. 

(d) Intra-agency memoranda. 

(e) Executive orders ofthe Governor. 

(f) Rules of conduct for persons committed to the physical arid legal custody of the 

Department of Corrections, the violation of 

which will not result in: 

(A) Placement in segregation or isolation 

status in excess of seven days. 

(B) Institutional transfer or other transfer to. secure confinement status for disciplir 

nary reasons. 

(C) Disciplinary procedures adopted pursuant to ORS 421.180, 

,(10) "Small business" means a corporation, partnershipi sole proprietorship or 

other legaf entity formed for the purpose of 

making a profit, which is indeperidently 

owned and operated froih all other businesses 

and,.which has .50, or fewer employees. [1957 

C.717 §1; 1965 c.285 §78a; 1967 c.4i9 §32;, 1969 c.80 §37a; 

1971 c.734 §1; 1973 c:386 §4; 1973 c.621 §la; 1977 c.374 §1; 

1977 c;798 §1; 1979 c.593 §6; 1981 c.755 §1; 1987 c.320 §141; 

1987 c.861 §1; 2003 c.75 §71;,2005 c.523 §8; 2007 c.288,§9] 

183J315 Application ,pf provisions of 

chapter to certain agencies. (1) The pro^ 

visions 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 Departnient. of Revenue, State Accident Insurance 

Fimd Corporation, Department of, Coiisumer 

and Business Services with respect to its 

functions, under ORS chapters 654 arid 656, 

Psychiatric Security Review Board or State 

Board of Parole and Post-Prison Supervision. 

(2) This chapter does not apply with respect to actions of the Govemor authorized 

under ORS chapter. 240 and ORS 396.125 or 

actions of the Adjtitant Gerieral authorized 

under ORS 396.160 (14). 

.- (3) The provisions of ORS 183.410, 

183.415, 183.417, 183.425, 183.440, 183.450, 

183.452, 183.458,and 183,460 do not apply to 

the Employment Appeals Board or the Employment Department. 

(4) The Employment Department shall be 

exempt from the provisions of this chapter to 

the extent that a formal finding of the 

United States Secretary of Labor is made 

that such provision conflicts with the terms 

of the federal law, acceptance of which by 

the state is a condition precedent to continued certification by the United States Secretary of Labor of the state's law. 

; (5) The provisions of ORS 183.415 to 

183.430, 183.440 to 183.460, 183.470 to 183.485 

and 183.490 to 183.500 do not apply to orders 

issued to persons who: 

(a) Have been committed pursuant to 

ORS 137.124 to the custody of the Department of Corrections or are otherwise confined in a Department of Corrections facility; 

or 

(b) Seek to visit an inmate confined in a 

Department of Corrections facility. 

(6) ORS 183.410, 183.415, 183.417, 183.425, 

183.440, 183,450, 183.460, 183.470 and 183.482 

(3) do not apply to the Public Utility Commission. Notwithstanding ORS 183.480 and 

except as provided in ORS 757.495 and 

759.390, only a party to a hearing before the 

Public Utility Commission is entitled to seek 

judicial review of an order of the commission. ; 

(7) The provisions of this chapter do not 

apply to the suspension, cancellatiori or termination of an apprenticeship or training 

agreement under ORS 660.060. 

(8) The provisions of ORS 183.413 to 

183.497, do not apply to administrative proceedings conducted under rules adopted by 

the Secretary of State under ORS 246.190. 

[1971 c.734 §19; 1973.C.612 §3; 1973 c.621 §2; 1973 c.694 

§1; 1975 C.759 §1; 1977 c.804'§45; 1979 c.593 §7; 1981 c.7il 

§16; 1987 c.320 §142; 1987 c.373 §21; 1989 c.90 §1; 1997 c.26 

§1; 1999 C.448 §6; 1999 c.679 §1; 2003 c.64 §8; 2005 c.512 

§30; 2005 c.638,§l; 2007 c.239 §8; 2007 c.288 §10] 

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, ari agency 

may delegate its rulemaking authority to an 

officer or eriiployee 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 more named individuals. THe delegation of authority shall reflect the nariie 

of the authorized individual or individuals, 

and be signed in acknowledgment by the 

named individuals. Any officer or employee 

to whom rulemaking authority is delegated 

under this section is an "agency" for the 

purposes of the rulemaking requireriients of 

this chapter. [1979 c.593 §10; 1993 C.729 §1] 

183.330 Description of organization; 

service of order; rules coordinator; effect 

of not putting order in writing. (1) 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. 

Title 18 Page 252 (2009 Edition) 
ADMINISTRATIVE PROCEDURES ACT 183.335 

(2) 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 coordinator shall: 

(a) Maintain copies of all rules adopted 

by the agency and be able to provide inforination to the public about the status of 

those rules; 

(b) Provide information to the public on 

all rulemaking proceedings of the agency; 

and 

(c) Keep and make available the mailing 

Hst required by ORS 183.335 (8). 

(3) An order shall not be effective as to 

any person or party unless it is served upon 

the person or party either personally or by 

mail. This subsection is not applicable in favor of any person or party who has actual 

knowledge of the order. 

,: (4) An order is not final until it is reduced to writing. [1957 c.717 §2; 1971 c.734 ,§4; 1975 

0.759 §3; 1979 c.593 §8;, 1993 c.729 §2; 2001 c,220 §3] 

183.332 Policy statement; conforinity 

of state rules with equivalent federal 

laws and rules. It is the policy of this state, 

that agericies 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 agericies attenipt to adopt rules 

that correspond with equivalent federal laws 

and rules unless: 

(1) There is specific statutory direction 

to the agency that authorizes the adoption 

ofthe rule; 

{2) A federal waiver has beeri granted 

that authorizes the adoption of the rule; 

(3) Local or special conditions exist in 

this state that warrant a different riile; 

(4) The state rule has the effect of clarifying the federal rules, standards, procedures 

or requirements; 

(5) The state rule achieves the goals of 

the federal and state law with the least impact on public and private resources; or 

(6) There is no corresponding federal 

regulation. [1997 c.602 §2] 

183.333 Policy statement; public involvement in development of policy and 

drafting of riiles; advisory committees. (1) 

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 may appoint an advisory committee 

that will represent the interests of persons 

likely to be affected by the rule, or use any 

other means of obtaining public views that 

will assist the agency in drafting the rule. 

(2) Any agency in its discretion may develop a list of interested parties and inform 

those parties of any issue that may be the 

subject of rulemaking and invite the parties 

to make comments on the issue. 

(3) If an agency appoints an advisory 

committee for consideration of a rule under 

subsection (1) of this section, the agency 

shall seek the committee's recommendations 

on whether the rule will have a ifiscal impact, what the extent of that impact will be 

and whether the rule will have a significant 

adverse impact on small businesses. If the 

committee indicates that the rule will have 

a significant adverse impact on small businesses, the agency shall seek the committee's 

recommendations on compliance with ORS 

183.540. 

(4) An agency shall consider an advisory 

committee's recommendations provided under 

subsection (3) of this section in preparing the 

statement of fiscal impact required by ORS 

183.335 (2)(b)(E). " , 

(5) If an agency does not appoint an advisory committee for consideration of a permanent rule under subsection (1) of this 

section and 10 or more persons likely to be 

affected by the rule object to the agency's 

statement of fiscal impact as required by 

ORS 183.335 (2)(b)(E) or an association with 

at least 10 members likely to be affected by 

the rule objects to the statement, the agency 

shall appoint a fiscal impact advisory committee to provide recommendations on 

whether the rule will have a fiscal iriipact 

and what the extent of that impact will be. 

An objection under this subsection must be 

made not later than 14 days after the notice 

reqiured by ORS 183.335 (1) is given. If the 

agency determines that the statement, does 

not adequately reflect the rule's fiscal impactj the agency shall extend the period for 

submission of data or views urider ORS 

183.335 (3)(a[) by at least 20 days. The agency 

shair include any recommendations from the 

committee in the record maintained by the 

agency for the rule. 

(6) Subsection (5) of this section does not 

apply to any rule adopted by an agency to 

comply with a judgment or a settlement of a 

judicial proceeding. [2003 c.749 §4; 2005 c.807 §4] 

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

compliance required. (1) Prior to the adoption, amendment or repeal of any rule, the 

Title 18 Page 253 (2009 Edition) 
183.335 EXECUTIVE BRANCH; ORGANIZATION 

agency shall give notice of its intended action: 

(a) In the manner established by rule 

adopted by the agency under ORS 183.341 (4), 

which provides a reasonable opporturiity for 

interested persons to be notified of the agency's proposed action; 

(b) In the bulletin referred to in ORS 

183.360 at least 21 days prior to the effective 

date; 

(c) At least 28 days before the effective 

date, to persons who have requested riotice 

pursuant to subsection (8) of this sectiori; 

and 

, (d) At least 49 days before, the effective 

date, to the persons specified in subsection 

(15) of this section. , 

(2)(a) The notice, required by subsection 

(1) of this section must include: 

(A) A caption of not more than 15 words 

that reasonably identifies the subject matter 

of the agency'^ intended actiori. The agency 

shall include the caption on each separate 

notice, statement, certificate or other similar 

document related to the intended action. 

(B) Ari objective, simple and understaridable stateriient summarizing the subject matter and purpose of the intended action in 

sufficient detail to inform a person that the 

person's, interests may be affected, and the 

time, place and manner in which interested 

persons may present their views on the intended action. 

(b) The agency shall iriclude with the 

notice of intended action given under subsection (1) of this section: 

(A) A citation of the statutory or other 

legal authority reUed upon and bearing upon 

the proriiulgation of the rule; 

(B) A citation of the statute or other law 

the rule is intended to implement; 

(C) A statement of the need for the rule 

and a statement of how the rule is intended 

to riieet the need; 

(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. 

The list may be abbreviated if necessary, and 

if so abbreviated there shall be identified the 

location of a complete list; 

(E) A statement of fiscal impact ideritifying state agencies, units of local governriaerit 

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. In considering the economic effect of the proposed 

action on the public, the agency shall utilize 

available information to project any significant economic effect of that action on businesses which shall include a cost of 

coiripliance effect on small businesses affected. For an agency specified in ORS 

183.530, the statement of fiscal impact shall 

also include a housing cost impact statement 

as described in ORS 183.534; 

(F) If an advisory committee is not appointed under the provisions of ORS 183.333, 

an explanation as to why no advisory committee was used to assist the agency in 

drafting the rule; and 

(G) A request for public comment on 

whether other options should be considered 

for achieving the rule's substantive goals 

while reducing the negative economic impact 

of the rule on business. 

(c) The Secretary of State may omit the 

information submitted under paragraph (b) 

of this subsection from publication in the 

bulletui referred to in ORS 183.360. • 

(d) When providing notice of an intended 

action under subsection (l)(c) of this section, 

the agency shall provide' a Copy of the rule 

that the agency proposes to adopt, amend or 

repeal, or an explanation, of how the person 

may acquire a copy of the rule. The copy of 

an amended rule shall show all changes to 

the rule by striking through material to be 

deleted and underlining all new material, or 

by any other method that clearly shows all 

new and deleted material. 

(3)(a) When an agency proposes to adopt, 

amend or repeal a rule, it shall give interested persons reasonable opportunity to subr 

mit data or views. Opportunity for oral 

hearing shall be. granted upon request received from 10 persons, or from an association having not less than 10 members before 

the earliest date that the rule could become 

effective after the giving of notice pursuant 

to subsection (1) of this section. An agency 

holding a hearing upon a request made vmder 

this subsection shall give notice of the hearing at least 21 days before the hearing to the 

person who has requested the hearing, to 

persons who have requested riotice pursuant 

to subsection (8) of this section and-to the 

persons specified in subsection (15) of this 

section. TTie agency shall publish notice of 

the hearing in the bulletin referred to in 

ORS 183.360 at least 14 days before the 

hearing. The agency shall consider fully, any 

written or oral submission. 

(b) If an agency is required to conduct an 

oral hearing under paragraph (a) of this subsection, and the rule for which the hearing 

is to be conducted applies only to a limited 

geographical area within this state, or affects 

only a limited geographical area within this 

Title 18 Page 254 (2009 Edition) 
ADMINISTRATIVE PROCEDURES ACT 183.335 

state, the hearing shall be conducted within 

the geographical area at the place most convenient for the majority of the residents 

within the geographical area. At least 14 

days before a hearing conducted under this 

paragraph, the agency shall publish notice of 

the hearing in the bulletin referred to in 

ORS 183.360 and in a newspaper of general 

circulation published within the geographical 

area that is affected by the rule or to which 

the rule applies. If a newspaper of general 

circulation is not published within the geographical area that is affected by the rule 

or to which the rule applies, the publication 

shall be made in the newspaper of general 

circulation published closest to the geographical area. 

(c) Notwithstanding paragraph (a) of this 

subsection, the Department of Corrections 

and the State Board of Parole and PostPrison Supervision may adopt rules limiting 

participation by inmates in the proposed 

adoption, amendment or repeal of any rule to 

vvritten submissions. 

(d). If requested by at least five persons 

before the earliest date, that the rule could 

become effective after the agency gives notice pursuant to subsection (1). of this section, the agericy shall provide a statement 

that identifies the objective of the rule and 

a statement of how the agency will subsequeritly determine whether the riile is in fact 

accoinplishing that objective. 

, . (e) An agency that receives data or views 

concerning proposed ruleis from interested 

persons shall maintain a record of the data 

or views subinitted. The record shall contain: 

(A) All written materials submitted to an 

agency in response to a notice of intent to 

adopt, amend or repeal a rule. ^ 

(B) A recordirig or summary of oral submissions received at hfearings held for the 

purpose of receiving those subriiissions. 

(C) Any public comment received iri response to the request iriade under subsection 

(2)(b)(G) of this section and the agency's re^ 

sponse to that commerit. 

(D) Any statements provided by the 

agency under paragraph ,(d) of this subsection. . ' 

(4) Upon request of an interested person 

received before the earliest date that the rule 

could become effective after the giving of 

notice pursuant to subsection (1) of this section, the agency shall postpone the date of 

its intended action no less than 21 nor more 

than 90 days in order to allow the requesting 

person an opportunity to submit data, views 

or arguments concerning the proposed action. Nothing in this subsection shall preclude an agency from adopting a temporary 

rule pursuant to subsection (5) of this section. 

(5) Notwithstanding subsections (1) to (4) 

of this section, an agency_ may adopt, amend 

or suspend a rule without prior notice or 

hearing or upon any abbreviated notice and 

hearing that it finds practicable, 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; 

(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, arid a statement of the location at which those documents are" available for public inspection;' and 

(e) For an agency specified in ORS 

183:530, a housing cost impact statement as 

defiried in ORS 183.534. 

(6)(a) A rule adopted, amended or suspended under subsection (5) of this sectiori is 

temporary and may be' effective for a period 

of riot longer than 180 days. The adoption of 

a rule under this subsection does hot preclude the subsequerit adoption of an identical 

rule urider subjections (1) to (4) of this sectioxi'. '' \ " 

(b) A rule temporarily suspended shall 

regain effectiveness upon expiration of the 

temporary period of suspensibri unless the 

rule is repealed under subsections (1) to (4) 

of this section. 

(7) Notwithstanding subsections (1) to (4) 

of this sectiori, an agency may amend, a riile 

without prior notice or' hearing if the 

amendment is solely for the purpose of: 

(a) Changing the name of an agency by 

reason of a name change prescribed by law; 

(b) Changing the name of a prograiri, office or division within an agency as long as 

the change in name does not have a substantive effect on the functions of the program, office or division; 

(c). Correcting spelling; 

(d) Correcting grammatical mistakes in a 

manner, that does riot alter the scope, application or meariing of the rule; 

(e) Correcting statutory or rule, references; or 

(f) Correcting addresses or telephone 

numbers referred to in the rules. 

Title 18 Page 255 (2009 Edition) 
r 

183.335 EXECUTIVE BRANCH; ORGANIZATION 

(8)(a) Any person may request in writing 

that an agency send to the person copies of 

the agency's notices of intended action issued under subsection (1) of this section. The 

person must provide an address where the 

person elects to receive notices. The address 

provided may be a postal mailing address or, 

if the agency provides notice by electronic 

mail, may be an electronic mailing address. 

(b) A request under this subsection rnust 

indicate that the person requests one of the 

following: 

(A) The person may request that the 

agency mail paper copies of the proposed 

rule and other information required by subsection (2) of this section to the postal mailing address. 

(B) If the agency posts notices of intended action on a website,: the personmay 

request that the agency mail the information 

required by subsection (2)(a) of this section 

to the .postal mailirig address with a reference to the website where electronic copies 

of the,, proposed rule. and other information 

required by subsection (2) of this section are 

posted. ' 

(C) If the agency provides notice by electronic mail, the person may request that the 

agency electronically, mail the information 

reqiiired by subsection •(2)(a)..of this section 

to the electronic mailing address, and either 

provide electronic copies ,of the proposedfrule 

and other, information required by subsection 

(2) of this section or provide a reference to 

a website where electronic copies ofthe proposed rule and other iriformation required by 

subsection (2) of this section are posted, 

(c) Upon receipt of any request under 

this subsection, the agency: shall acknowledge the request, establish; a inailing list and 

maintain a record of all msdlingsmade,pursuant to the request. Agencies, may establish 

procedures for establishing the mailing lists 

arid keeping the mailing lists current. Agencies by rule may establish fees necessary to 

defray the costs of mailings and maintenance 

of the lists. -

(9) This section does not apply to rules 

establishing an effective date for a previously 

effective rule or establishing a period during 

which a provision of a previously effective 

rule will apply. 

(10) This section does not apply to ORS 

279.835 to 279.855, 279A. 140 to 279A.155, 

279A.250 to 279A.290i279A.990, 279B.050 to 

279B.085, 279B.200 to 279B.240, 279B.270, 

279B.275, 279B.280, 279C.360, 279C;365, 

279C.370, 279C.375, 279C.380, 279C.385, 

279C.500 to 279C.530, 279C.540, 279C.545, 

279C.550 to 279C.570, 279C.580, 279C.585, 

279C.590, 279C.600 to 279C.625, 279C.650 to 

279C.670 and 279C.800 to 279C.870 relating 

to public contracts and purchasing. 

(ll)(a) Except as provided in paragraph 

(c) of this subsection, a rule is not valid unless adopted in substantial compliance with 

the provisions of this section in effect on the 

date that the notice required under subsection (1) of this section is delivered to the 

Secretary of State for the purpose of publication in the bulletin referred to in ORS 

183.360. 

(b) In addition to all other requirements 

Avith which rule adoptions must comply, a 

rule is not valid if the rule has not been 

submitted to the Legislative Counsel in the 

manner required by ORS 183.715. 

(c) A rule is not subject to judicial review or other challenge by reason of failing 

to comply with subsection (2)(a)(A) of this 

section. 

(12)(a) Notwithstanding the provisions of 

subsection (11) of. this section, but subject to 

paragraph (b) of this subsection, an agency 

may correct its failure, to substantially comply with the requirements of subsectioris (2) 

and (5) of this sectiori in adoption of a rule 

by an amended filing, as long as the noncoinpliance did not substantially prejudice 

the interests of persons to be affected by the 

rule. 

(b) An agency may use an amended filing 

to correct a failure to include a fiscal impact 

statement in a notice of intended action, as 

required by subsection (2)(b)(E) of this section, or to cori"ect an inaccurate fiscal impact statement, only if the agericy developed 

the fiscal impact statemerit with the assistance of an advisory committee or fiscal impact advisory committee appointed imder 

ORS 183.333. 

(13) Unless otherwise provided by statute, the adoption, amendment or repeal of a 

rule by an agency need not; be based upon or 

supported by an evidentiary record. 

(14) When an agency has, es.tablished a 

deadline for comment on a.proposed rule urider the provisions of subsection (3)(a) of this 

section, the agency may not Extend that 

deadlirie for another agency or person unless 

the extension applies equally to all interested 

agencies and persons. An agency shall not 

consider any submission made by another 

agency after the final deadline has passed. 

(15) The notices required under subsections (1) and (3) of this section must be given 

by the agency to the following persons: 

(a) If the proposed adoption, amendment 

or repeal results from legislation that was 

passed within two years before notice is 

given under subsection (1) of this section, 

notice shall be given to the legislator who 

introduced the bill that subsequently was 

Title 18 Page 256 (2009 Edition) 
ADMINISTRATIVE PROCEDURES ACT 183.341 

enacted into law, and to the chair or 

cochairs of all committees that reported the 

bill out, except for those committees whose 

sole action on the bill was referral to another committee. 

(b) If the proposed adoption, amendment 

or repeal does not result from legislation 

that was passed vvithin two years before notice is given under subsection (1) of this section, notice shall be given to the chair or 

cochairs of any interirii or session committee 

with authority over the subject matter of the 

rule. 

(c) If notice cannot be given under paragraph (a) or (b) of this subsection, notice 

shall be given to the Speaker of the House 

of Representatives and to the President of 

the Senate who are in office on the date the 

notice is given. 

(16)(a) Upon the request of a member of 

the Legislative Assembly or of a person who 

would be affected by a proposed adoption, 

amendment or repeal, the committees receiving notice under subsection (15) of this section shall review the proposed adoption, 

amendment or repeal for compliance with the 

legislation from which the proposed adoption, 

amendment or repeal results. 

(b) The committees shall submit their 

comments on the proposed adoption, amendment or repeal to the agericy proposing the 

adoption, amendment or repeal. [1971 c.734 §3: 

1973 C.612 §1; 1975 6.136 §11; 1975 c.759 §4; 1977 c.161 §1: 

1977 C.344 §6; 1977 c.394 §la; 1977..C.798 §2; 19*79 c.593 §11: 

1981 c.755 §2; 1987 c.861 §2; 1993 c.729 §3; 1995 c.652 §5: 

1997 c.602 §3; 1999 c:123 §1; 1999 c.334 §1; 2001 c.220 §1 

'2001 c.563 §1; 2003 c.749 §5; 2003 c.794§206; 2005 c.l7 §1 

2005 c.18 §1; 2005 C.382 §1; 2005 c.807 §5; 2007 c.115 §1 

2007 C.768 §58] " • 

183.336 Cost of compliance effect on 

small businesses. (1) The statement of cost 

of compliance effect on small busiriesses required by ORS 183.335 (2)(b)(E) must include: 

(a) An estimate of the nuriiber of small 

businesses subject to the'proposed rule and 

identificatiori of the types of businesses and 

industries with small businesses subject to 

the proposed rule; , ' 

(b) A brief description of the projected 

reporting, recordkeeping and other administrative activities required . for compliance 

with the proposed rule, including costs of 

professional services; 

(c) An identification of equipment, supplies, labor and increased administration required for compliance with.the proposed rule; 

and 

(d) A description of the manner in which 

the agency proposing the rule involved small 

businesses in the development ofthe rule. 

(2) An. agency shall utilize available information in complying with the requirements of this section. [2005 c.807 §2] 

183.337 Procedure for agency adoption 

of federal rules. (1) 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. 

(2) Prior to the adoption of a federal rule 

or regulation under subsection (1) of this 

section, the agency shall give notice of the 

adoption of the rule or regulation, the effective date of the rule or regulation in this 

state and the subject matter of the rule or 

regulation in the manner established in ORS 

183.335 (1). 

(3) After giving notice the agency may 

adopt the rule or regulation by filing a copy 

with the Secretary of State in compliarice 

with ORS 183.355. The agency is not required 

to conduct a public hearing coricerning the 

adoption of the rule or regulation. 

(4) Nothing in this section authorizes an 

agency to amend federal, rules or regulations 

or adopt rules in accordance with federal requirements without giving an opportunity for 

hearing as required by ORS 183:335. [1979 c.593 

§15] .. . 

183.340 [1957 c.717 §3 (3); 1971 c.734 §6; repealed by 

1975 c.759 §5 (183.341 enacted in Ueu of 183:340)] 

183;341 Model rules of procedure; establishment; compilation; publication; 

agencies required to adopt procedural 

rules., (1) The Attomey 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 vmder ORS 183.335. Notice of 

such adoption shall be filed with the, Secretary, of State iri the manner provided by ORS 

183.355. for, the filing of rules. The model 

rules may be amended from time to time by 

an adopting agency or the Attorney General 

after notice and opportunity for hearing as 

required by rulemaking procedures under 

this chapter. , 

• (2) Except as provided in ORS 183.630, all 

agencies shall adopt rules of procedure to be 

utilized in the adoption of rules and conduct 

of proceedings in contested cases or, if exempt from the contested case provisions of 

this chapter, for the conduct of proceedings. 

(3) The, Secretary of State shall publish 

in the Oregon Administrative Rules: 

Title 18 Page 257 (2009 Edition) 

^''.gA%i).'-j-
183.355 EXECUTIVE BRANCH; ORGANIZATION 

- i'-m 'I 

tM 

m 

m 

i 

If rii 

i ll 

TM 

f 

Iff 

1. 

(a) The Attorney General's model rules 

adopted under subsection (1) of this section; 

(b) The procedural rules of all agencies 

that have not adopted the Attorney General's 

model rules; and 

(c) The notice procedures required by 

ORS 183.335 (1). 

(4) Agencies shall adopt rules of procedure which will provide a reasonable opportunity for interested persons to be notified 

of the agency's intention to adopt, amend or 

repeal a rule. 

(5) No rule adopted after September 13, 

1075, is valid unless adopted in substantial 

compliance with the rules adopted pursuant 

to subsection (4) of this section. [1975 c.759 §6 

(enacted in Ueu of 183.340); 1979 c.593 §12; 1997 c.837 §1; 

1999 c.849 §§24,25; 2003 c.75 §28] " 

• 183:35b [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. (l)(a) Each agency shall file in the office ofthe Secretary of State'a certified copy 

of each rule adopted by it. 

(b) Notwithstanding the provisions of 

paragraph (a) of this subsection, an agency 

adopting a rule incorporating published standards, by reference is not required to file a 

copy of those staridards with the Secretary 

of State if: 

(A) The standards adopted are unusually 

voluminous and costly to reproduce; and 

(B) The rule filed with the Secretary of 

State identifies the locatiori of the standards 

so incorporated and, the, conditions of their 

availability,to the public. 

'(2) Each riile is effective upon filing as 

required by subsection (1) of this section; except that: ' ' -

(a) If a later effective date is required, by 

statute or specified in the rule, the later date 

is the effective date. , . 

(b) A temporary rule becomes effective 

upon filing with the Secretary of State, or at 

a'designated later date, only if the statement 

reqiured by ORS 183.335 (5) is filed vrith the 

rule. The agency shall take appropriate measures to make temporary rules known to the 

persons who may be affected by them. 

(3) When a rule is amended or repealed 

by an agency, the agency shall file a certified 

copy of the amendment or notice of repeal 

with the Secretary of State who shall appropriately amend the compilation required by 

ORS 183.360(1). 

(4) A certified copy of each executive order issued, prescribed or promulgated by the 

Governor shall be filed in the office of the 

Secretary of State. 

(5) No rule of which a certified copy is 

required to be filed shall be valid or effective 

against any person or party until a certified 

copy is filed in accordance with this section. 

However, if an agency, in disposing of a 

contested case, announces in its decision the 

adoption of a general policy applicable to 

such case and subsequent cases of like nature the agency may rely upon such decision 

in disposition of later cases. 

(6) The Secretary of State shall, upon request, supply copies of rules, or orders or 

designated parts of rules or orders, making 

and collecting therefor fees prescribed by 

ORS 177.130. All receipts from the sale of 

copies shall be deposited in the State Treasury to the credit of the Secretary of State 

Miscellaneous Receipts Account established 

under ORS 279A.290. 

(7) The Secretary of State shall establish 

and collect fees from agencies filing rules 

under this section. The fees shall be established in amounts calculated to be necessary 

to generate revenues adequate to, pay costs 

incurred by the Secretary of State in performing the following duties that are not 

paid for by subscriber fees, or other fees prescribed by law: 

(a) Publication of the compilation referred to in ORS 183,360 (1); 

(b) Publication of the bulletin referred to 

Ul ORS 183.360 (3);.and 

(c) Electroriic , publicatibri of rules and 

other information relating to rules under 

ORS 183.365. . 

(8) All fees collected under subsection (7) 

of this section shall be deposited in the State 

Treasury to the credit of the Secretary of 

State Miscellaneous Receipts Account ,estabhshed under ORS-279A.290. [19711:.734 §5; 1973 

c.612 §2; 1975<c:759.§7; 1977 c.798 §2b;.1979 c.593 §13; 1991 

C.169 §2; 2003 C.794 §2p7;,2009 C.289 §1] 

183.360 PubUcation of rules and orders; exceptions; requirements; bulletin; 

judicial notice; citation. (1) The SecreJ;ary 

of State,shall bompile, index and publish all 

rules adopted by each agency. The compilation shall be suppleriierited or, revised as often as necessary and at least orice every six 

months. 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 compilations prepared under this subsection, and 

may establish policies for the revision, clarification, classification, airangemenf, indexing, printing, bidding, publication, sale and 

distribution of the compilations. 

(2)(a) The Secretary of State has discretion to omit from the compilation i-ules the 

publication of which would be unduly cumTitle 18 Page 258 (2009 Edition) 
ADMINISTRATIVE PROCEDURES ACT 183.365 

bersome or expensive if the rule in printed 

or processed form is made available on application to the adopting agency, and if the 

compilation contains a notice summarizing 

the omitted rule and stating how a copy 

thereof may be obtained. In preparing the 

compilation the Secretary of State shall not 

alter the sense, meaning, effect or substance 

of any rule, but may renumber sections and 

parts of 1 sections of the rules, change the 

wording of headnotes, rearrange sections, 

change reference numbers to agree with renumbered chapters, sections or other parts, 

substitute the proper subsection, section or 

chapter or other division numbers, change 

capitalization for the purpose of uniformity, 

and correct manifest clerical or typographical errors. 

(b) The Secretary of State may by rule 

prescribe requirements, not inconsistent with 

law, for the manner and form for filing of 

rules adopted or amended by agencies. The 

Secretary of State may refuse to accept for 

filing any rules which do not comply with 

those requirements. 

(3) The Secretary of State shall publish 

at least at monthly intervals a bulletin 

which: 

(a) Briefly indicates.the agencies that are 

proposing to adopt, amend or repeal a rule, 

the subject matter of the rule and the name, 

address and telephone number of an agency 

officer or emplloyee from whom inforriiation 

and a copy of any proposed rule may be obtained; 

(b) Contains the text or a brief description of all rules filed under ORS 183.355 

since the last bulletin indicating the effective 

date of the rule; 

(c) Contains executive orders of the Grovernor; and 

(d) Contains orders issued by the Director ofthe Department of Revenue under ORS 

305,157 extending tax statutes of limitation. 

(4) Courts shall take judicial notice of 

rules and . executive orders filed with the 

Secretary of State. 

(5) The compilation required by subsection (1)'of this section shall be titled Oregon 

Administrative Rules and may be cited as 

"OAR" with appropriate numerical indications. 

(6) The Secretary of State may publish 

the compilation arid bulletin required by this 

section in print, or by placing the compilation and bulletin on the Internet. [1957 c.7l7 

§4 (1),(2),(3); 1961 c.464 §1; 1971 c.734 §7; 1973 c.612 §4; 

1975 c.759 §7a; 1977 c.394 §2; 1979 c.593. §16; 1993 c.729 

§13; 1995 C.79 §62; 2001 c.104 §63; 2003 c.l68 §3; 2009 c.289 

183.362 Program for biennial publication of Oregon Administrative Rules. (1) 

Notwithstanding ORS 183.360, the Secretary 

of State may implement a program for the 

publication of the Oregon Administrative 

Rules not less than once every two years 

with annual supplements. The Secretary of 

State may implement a program under this 

section only if the Secretary of State publishes the full text of proposed administrative 

rules in the manner specified by this section. 

(2) Except as provided in subsection (3) 

of this section, upon implementing a program 

under this section the Secretary of State 

shall require that an agency submit the full 

text of the proposed rule in addition to information required to be published under the 

provisions of ORS 183.335 (1). Except as provided in subsection (3) of this section, the 

Secretary of State shall publish the full text 

of the proposed rule in the bulletin referred 

to in ORS 183.360. 

(3) The Secretary of State may waive the 

submission of the full text of a proposed administrative rule and decline to publish the 

full text of the proposed rule in the bulletin 

referred to ui ORS 183.360 if: 

(a) The proposed rule is unusually voluminous; and 

(b) In addition to the information provided by the agency under the provisions of 

ORS 183.335 (2) the agency identifies a location where the rule is available for inspection and copying. 

(4) If the adopted rule submitted to the 

Secretary of State under the provisions of 

ORS 183,355 is different from the proposed 

rule submitted to the Secretary of State under a program implemented under this section, the Secretary of State shalL publish iri 

the bulletin referred to in ORS 183.360 either 

the full text of the rule as adopted, or a list 

of the changes niade in the proposed rule 

before the agency adopted the rule. [1993 c.729 

§12] ; . 

Note: 183.362 was added to and made a part of 

ORS chapter 183 by legislative action but was not added 

to any smaller series therein. See Preface to Oregon 

Revised Statutes for fiirther explanation. 

183.365 Publication of administrative 

rules in electronic form. (1) 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 iriformation available to the 

public and members of the Legislative Assembly. 

(2) The Secretary of State shall determine the most cost-effective format and procedures for the timely release of the 

information described in subsection (1) of 

this'section in electronic form. 

Title 18 Page 259 (2009 Edition) 
183.370 EXECUTIVE BRANCH; ORGANIZATION 

(3) Pursuant to ORS 183.360 (2)(b), the 

Secretary of State shall establish requirements for filing administrative rules adopted 

or amended by state agencies for entry into 

computer networks for the purpose of subsection (1) of this section. 

(4) Although each state agency is responsible for its information resources, centralized information resource management 

must also exist to: 

(a) Provide public access to the information described in subsection (1) of this section; 

(b) Provide technical assistance to state 

agencies; and , 

(c) Ensure that the information resources 

needed to implement subsection (1) of this 

section are addressed along with the needs 

of the individual agencies. 

(5) Personal information concerning a 

person who accesses the iriformation identified in subsection (1) of this section may be 

maintained only for the purpose of providing 

service to the person. 

(6) No fee or other charge may be imposed by the Secretary of State as a condition of accessing the iriformation identified 

in subsection (1) of this section. 

(7) No action taken pursuant to this section shall be deemed to alter or relinquish 

any copjTight or other proprietary -interest 

or entitlement ofthe State of Oregon relative 

to any of the information made available 

pursuant to subsection (1) of this section. 

[1995 c.614 §5] 

Note: 183.365 was enacted into law by the :Legislative Assembly but was not added to or made a part of 

ORS chapter 183 or any series therein by legislative 

action. See Preface to Oregon Re-vised Statutes for further explanation. 

183.370 Distribution of published rules. 

The bulletins and compilatioris may be distributed by the Secretary of State fi-ee of 

charge as provided for the distributiori 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 detefmiried by the 

Secretary of State. Any agency may compile 

and publish its rules oraH or part bf its 

rules for purpose of distributiori outside of 

the agency only after it proves to the satisfaction ofthe Secretary of State that agency 

publication is necessary. [1957 c.717 §4(4); 1959 

C.260 §1; 1969 c.174 §4; 1975 c.759 §8; 1977 c.394 §3] 

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

183.390 Petitions requesting adoption 

of rules. (1) An interested person may petition an agency requesting the promulgation, 

amendment or repeal of a rule. The Attomey 

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 writing or shall initiate 

rulemaking proceedings in accordance with 

ORS 183.335. 

(2) If a petition requesting the amendment or repeal of a rule is submitted to an 

agency under this section, the agency shall 

invite public comment upon the rule, and 

shall specifically request public comment on 

whether options exist for achieving the rule's 

substantive goals, in a way that reduces the 

negative economic impact on businesses. 

(3) In reviewing a petition subject to 

subsection (2) of this section, the agency 

shall consider: 

(a) The continued need for the nile; 

(b) The nature of comjplaints or comments received concerning the rule froin the 

public; 

(c) The complexity of the rule; 

(d)The extent to which the rule overlaps, 

duplicates or conflicts with other state rules 

or federal regulations and, to the extent feasible, with local government regulations; 

(e) The degree to which technology, economic conditions or other factors have 

changed in the subject area affected by the 

rule; and ; 

if) The statutory citation or legal basis 

for th e rule . [1957 c.717 §5; 1971 c.734 §8; 2003 c.749 

§6] 

183.400 Judicial determination of validity of rule. (1) The validity of any rule 

may be determined upon a petition by any 

person to the Court of Appeals in the manner pirovided 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 petitioner is a party to an order or a contested 

case in which the validity ofthe rule may be 

determined by a court. ., 

(2) The validity of ariy applicable rule 

may also be determined by a court, upon review of an order in any manner provided by 

law or pursuant to ORS 183.480 or upon enforcement of such rule or order in the manner provided by law. 

(3) Judicial review of a rule shall be limited to an examination of: 

(a) The rule under review;, 

(b) The statutory provisions ^authorizing 

the rule; and 

(c) Copies of all documents necessary to 

demonstrate compliance with applicable 

rulemaking procedures. 

Title 18 Page 260 (2009 Edition) 
ADMINISTRATIVE PROCEDURES ACT 183.413 

(4) The court shall declare the rule invalid only if it finds that the rule: 

(a) Violates constitutional provisions; 

(b) Exceeds the statutory authority of the 

agency; or • '' 

(c) Was adopted without compliance with 

applicable rulemaking procedures. 

(5) In the case of disputed allegations of 

irregularities in procedure which, if proved, 

would warrant reversal or remand, the Court 

of Appeals may refer the allegations to a 

master appointed by the court to take evidence and make findings of fact. The court's 

review of the master's' findings of fact shall 

be de novo on the evidence. 

(6) The court shall not declare a rule invalid solely because it. vvas -adopted without 

compliance with applicable rulemaking procedures after a period of two years after the 

date the rule was filed in the office of the 

Secretary of State, if the agency attempted 

to comply with those procedures and its failure to do so did not substantially prejudice 

the interests of the parties. [1957 c.7l7 §6; 1971 

c.734 §9; 1975 c.759 §9; 1979 c.593 §17; 1987 c.861 §3] 

183:405 Agency review of rules. (1) Notlater than five years after adopting a rule, 

an agency shall review the rule'for the purpose of determining: 

(a) Whether the rule has had the iri-

,tended effect; , 

(b) Whether the anticipated fiscal impact 

of the :rule was underestimated or overestimated; 

(c) Whether subsequent changes in the 

law require that the rule be repealed or 

amended; and; . ' . 

, (d) Whether there is. continued heed for 

the rule. , 

(2) An agency shall utilize available in^ 

formation in complying with the requirements of subsection (1) of this section. 

(3) If an agency appoints an advisory 

committee pursuant to ORS 183,333 for consideration of a, rule subject to the requirements of this section, the; agency shall 

provide the, advisory conimittee with a report 

on a review of the rule conducted under this 

section. 

(4) The provisions of this section do not 

apply to the amendment or repeal of a rule. 

' (5) The provisions of this section dO; not 

apply to: 

(a) Rules adopted to implement court orders or the settlenieint of civiTproceedings; 

(b) Rules that adopt federal laws or rules 

by reference; ' 

(c) Rules adopted to implement 

legislatively approved fee changes; or 

(d) Rules adopted to correct errors. or 

omissions. [2005 c.807 §3] 

Note: 183.405 was added to and made a, part of 

183.325 to 183.410 by legislative action but was not 

added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation. 

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 arid the 

petitioner on the state of facts alleged, uriless it is altered or set aside by a court. 

However, the agency may, where the ruling 

is adverse to the petitioner, review the ruling 

and alter it if requested by the petitioner. 

Binding rulings provided by this section are 

subject to review in the Court of Appeals in 

the manner provided in ORS 183.480 for the 

review of orders in contested cases. The Attorney General shall prescribe by rule the 

form for such petitions and the procedure for 

their submissiori, consideration and disposition. The petitioner shall have the right to 

submit briefs and present oral argurnent at 

any declaratory ruling proceeding held pursuant'to this section. [1957 c.717.§7; 1971 c.734 §10; 

1973 c.612 §5] 

(Contested Cases) 

183.411 Delegation of final order authority. Unless otherwise provided by, law, 

an agericy 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 eriiployees 

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 must be retained in the 

agency's records. [2007 c.ll6 §2] 

Note: 183.411 was added to and made a part of 

ORS chapter 183 by legislative action but was not added 

to any smaller series therein. See Preface to Oregon 

Revised Statutes for further explanation: 

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

provide notice. (1) The Legislative Assembly 

finds that parties to a contested case hearing 

have a right to be informed as fo 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. Accordingly, it is the purpose of'subsections (2) and (3) of this section 

to set forth certain requirements of state 

agencies so that, parties to contested case 

hearings shall be fully informed as to these 

Title 18 Page 261 (2009 Edition) 
P"l-, 

183.415 EXECUTIVE BRANCH; ORGANIZATION 

;Nfii; 

ii^iil 

matters when exercising their rights before 

state agencies. 

(2) Prior to the commencement of a contested case hearing before any agency including those agencies identified in ORS 

183.315, the agency shall serve personally or 

by mail a written notice to each party to the 

hearing that includes the following: 

(a) The time and place of the hearing. 

(b) A statement of the authority and jurisdiction under which the hearing is to be 

held. 

(c) A statement that generally identifies 

the issues to be corisidered at the hearing. 

(d) A statement indicating that the party 

may be represented by counsel and that legal 

aid organizations may be able to assist a 

party with limited financial resources. 

(e) A statement that the party has the 

right to respond to all issues properly before 

the presiding officer and present evidence 

and witnesses on those issues. 

(f) A statement indicating whether discovery is permitted and, if so, how discovery 

may be requested. 

(g),, A, general description of the hearing 

procedure including the order of presentation 

of evidence, what kinds of evidence. are admissible, whether objections may be made to 

the introduction of evidence and what kind 

of objections may be made, and an explanation of the burdens of proof or burdens of 

going forward with the evidence. 

(h) Whether a record will be made ofthe 

proceedings and the manner of, making the 

record arid its availability to the parties. 

(i) The function of the record-making 

with respect to the perpetuation of the testimony and evidence and with respect to any 

appeal from the determination or order of the 

agency. 

(j) Whether an attomey will represent 

the agency in the matters to be heard and 

whether the parties ordinarily and customarily are represented by ari attorney. 

(k) The title and function of the person 

presiding at the hearing with respect to the 

decision process, including, but not limited 

to, the manner in which the testimony and 

evidence.taken by the person presiding at the 

hearing are reviewed, the effect of that person's determination, who makes the final determination on behalf of the agency, whether 

the person presiding at the hearing is or is 

not an employee, officer or other representative of the agency and whether that person 

has the authority to make a final independent determination. 

(L) In the event a party is not represented by an attorney, whether the party 

may during the course of proceedings request 

a recess if at that point the party determines 

that representation by an attorney is necessary to the protection of the party's rights. 

(m) Whether there exists an opportunity 

for an adjournment at the end of the hearing 

if the party then determines that additional 

evidence should be brought to the attention 

of the agency and the hearing reopened. 

(n) 'Whether there exists an opportunity 

after the hearing and prior to the final determination or order ofthe agency to review 

and object to any proposed findings of fact, 

conclusions of law, summary of evidence or 

recommendations of the officer presiding at 

the hearing. 

(o) A descriptiori of the appeal process 

from the determination or order of the 

agency. 

(3) The failure of an agency to give notice of any item specified in subsection (2) of 

this section does not invalidate any determination or order of the agency unless upon an 

appeal from or review of the determinatiori 

or order a court firids that the failure affects 

the substantial rights of the complaining 

party. In the event of such a finding, the 

court shall: remand the matter to the agency 

for a reopening of the hearing and shall direct the agency as to what steps it shaU take 

to reniedy the prejudice to the rights of the 

complaining party. [1979 c.593 §§37,38,39; 1995'c.79 

§63; 2007 c.288 §1] 

183.415 Notice of right to hearing. (1) 

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. 

(2) In a contested case^ all parties shall 

be afforded an opportunity for hearing after 

reasonable notice, served personally or by 

registered or certified mail. , 

(3) Notice under this section must include: 

(a) A statement of the party's right to 

hearing, with a description of the procedure 

arid time to request a hearing, or a statemerit 

of the time and place of the hearing; 

(b) A statement of the authority and jurisdiction under which the hearing is to be 

held; 

(c) A reference to the particular sections 

of the statutes and rules involved; 

(d) A short and plain statement of the 

matters asserted or charged; and 

(e) A statement indicating whether and 

under what circumstances an order by default may be entered. [1971 c.734 §13; 1979 c.593 

§18; 1985 C.757 §1;. 1997 c.837 §2; 1999 c.849 §§27,28; 2003 

c.75 §29; 2007 c.288 §2] 

Title 18 Page 262 (2009 Edition) 
ADMINISTRATIVE PROCEDURES ACT 183.425 

183.417 Procedure in contested case 

hearing. (1) 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. 

(2) Agencies may adopt rules of procedure governing participation in contested 

case proceedings by persons appearing as 

limited parties. 

(3)(a) Unless prohibited by law, informal 

disposition may be made of any contested 

case. by stipulation, agreed settlement, consent order or default. Informal settlement 

may be made in license revocation proceedings by written agreement of the parties 

and the agency consenting to a suspension, 

fine or other form of interinediate sanction. 

(b) Any informal disposition of a contested case, other than an informal disposition by default, niust be in writing and 

signed by the party or parties to the contested case: The agency shall incorporate 

that disposition into a finial order. An order 

under this paragraph is not subject to ORS 

183.470. The agency shall deliver,or mail a 

copy of the order to each party and to the 

attorney of record if the party is represented. 

An order that incorporates the informal dispositiori is a final order in a contested case, 

but is not subject to judicial review. A party 

may petition the agency to set aside a .final 

order that incorporates the informal disposition on the ground that the informal disposition was obtained by fraud or duress. 

- (4) An order adverse to a party may be 

issued upon default only if a prima facie case 

is made on the record. The record on a default order includes all materials submitted 

by the party. The.record on a default order 

may be made at the time of issuance of the 

order, tf the record on the default order 

consists solely of an application and other 

materials submitted by the party, the agency 

shall so note in the order. 

(5) At the commencement of a contested 

case hearing, the officer presiding at the 

hearing shall explain the issues involved in 

the hearing and the matters that the parties 

must either prove or disprove. 

(6) Testimony at a contested case hearing 

shall be taken upon oath or affirmation of 

the witness; The, officer presiding at the 

hearirig shall administer oaths or affirma-

,tions to witnesses. 

(7) The officer presiding at the hearing 

shall place on the record a statement of the 

substance of any written or oral ex parte 

communication on a fact in issue made to 

the officer during the pendency of the proceeding and notify the parties of the communication and of their right to rebut the 

communication. If an ex parte communication is made to an administrative law judge 

assigned fi'om the Office of Administrative 

Hearings established under ORS 183.605, the 

administrative law judge must comply with 

ORS 183.685. 

(8) The officer presiding at the hearing 

shall ensure that the record developed at the 

hearing shows a full and fair inquiry into the 

facts necessary for consideration of all issues 

properly before the presiding officer in the 

case and the correct application of the law 

to those facts. 

(9) The record ih a contested case shall 

include: 

(a) All pleadings, motions and intermediate rulings. 

(b) Evidence received or considered. 

(c) Stipulations. 

(d) A statement of matters officially noticed. 

(e) Questions arid offers of proof, objections and rulings thereon. 

(f) A statement of any ex parte communication that must be disclosed under subsection (7) of this section and that was made 

to the officer presiding at the hearing. 

(g) Proposed findings and exceptions. 

(h) Any proposed,, intermediate or final 

order prepared by the agency or an administrative law judge. 

(10) A verbatim oral, written or mechanical record shall be made of all motions, 

rulings , and testimony in a contested case 

proceeding. The record need not be transcribed unless requested for purposes of rehearing or court review. The agency may 

charge the party requesting transcription the 

cost of a copy of transcription, unless the 

party files an appropriate affidavit of 

indigency. Upon petition, a court having jurisdiction to review under ORS 183.480 ih^y 

reduce or eliminate the charge upon finding 

that it is equitable to do so, or that matters 

of gerieral interest Would be determined by 

review of the order of the agency. [2007 c.288 

§ 4 ] • • 

183.418 [1973 c.386 §6; 1989 c.224 §11; 1991 c.750 §5; 

repealed by 1999 c.1041 §9] 

181420 [1957 c.717 §8 (1); repealed by 1971 c.734 §21] 

181421 [1991 c.750 §4; repealed by 1999 c.1041 §9] 

183.425 Depositions'^ or subpoena of 

material witness; discovery. (1) On petition of any party to a contested case, or upon 

the agency's owri motion, the agency may 

order that the testimony of any material 

witness may be taken by depositiori 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 

Title 18 Page 263 (2009 Edition) 
PI ;f 

183.430 EXECUTIVE BRANCH; ORGANIZATION 

ilii 

name and address of the witness whose testimony is desired, a showing of the 

materiality of the testimony of the witness, 

and a request for an order that the testimony 

of such witness be taken before an officer 

named in the petition for that purpose. If the 

witness resides in this state and is unwilling 

to appear, the agency may issue a subpoena 

as provided in ORS. 183.440, requiring the 

appearance of the witness before such officer. 

(2) An agency may, by rule, prescribe 

other methods of discovery which may be 

used in proceedings before the agency. [1971 

c.734 §14; 1975 c.759 §11; 1979 c.593 §19; 1997 c.837 §6] 

183.430 Hearing on refusal to renew 

license; exceptions. (1) 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 

proposes to refuse to renew such license, 

upon demand of the licensee, the agency 

must grant hearing as provided by this chapter before issuance of order of refusal to renew. This subsection does not apply to any 

emergency or temporary permit or license. 

(2) In any case where the, agency finds a 

serious danger to the public health or safety 

and sets forth specific reasons for such findings, the agency may susperid or riefuse to 

renew a license without hearing, but if the 

licensee demarids a heiaring within 90 days 

after the date of notice to the licensee of 

such suspension or refusal to renew, then a 

hearirig niust be granted to the licensee as 

soon as. practicable after such demand, and 

the agericy shall issue an order pursuant to 

such hearing as required by this, chapter 

confifriiing, altering or revoking its earlier 

order. Such a hearirig need not be held 

where the order of suspension or refusal to 

renew is accompanied by or is pursuant to, 

a citation for violation which is subject to 

judicial determination in any court of this 

state, and the order by its terms will terminate in case of final judgment in favor of the 

licensee . [1957 c.717 §8 (3), (4); 1965 c.212 §1; 1971 c.734 

§11] , ' 

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 residts 

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. [Formerly 670.285] 

183.440 Subpoenas in contested cases. 

(1) An agency may issue subpoenas on its 

own motion in a contested case. In addition, 

an agency or hearing officer in a cohtested 

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 issued by an attorney 

of record of the party, subscribed by the signature of the attorney. Witnesses appearing 

pursuant to subpoena, other than the parties 

or officers or employees of the agency, shall 

receive fees and mileage as prescribed by law 

for witnesses in ORS 44.415 (2). 

(2) If any person fails to comply with any 

subpoena so issued or any party or witness 

refuses to testify on any matters on which 

the party or witness may be lawfully ihterrogated, the judge of the circuit court of any 

county, on the application of the hearing officer, the agency or the party requesting the 

issuance of or issuing the subpoena, shall 

compel obedience by proceedings for contempt as in the case of disobedience of the 

requirements of a subpoena issued from such 

court or a refusal to testify therein. [I957c:7l7 

§8 (2); 1971 c.734 §12; 1979 c.593 §20; 1981 c.l74 §4; 1989 

C.980 §10a; 1997 c.837 §3; 1999 c.849 §30] 

183.445 Subpoena by agency or attorney of record of party when agency not 

subject to ORS 183.440. (1) Iri ariy 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 subpoeha 

may be issued by an attorney of record of the 

party, subscribed by the signature ofthe attorney. A subpoena issued by a;n attorney of 

record may be enforced in the same manner 

as a subpoena issued by the agency. 

(2) In ariy proceeding before an agency 

not subject to ORS 183.440 in which a party 

is entitled to have subpoenas issued by the 

agency to compel the appearance of witnesses on behalf of the party, the agehcy may 

issue subpoenas on its own motion. [1981 c.l74 

§6; 1997 c.837 §4; 1999 c.849 §32] 

183.450 Evidence in contested cases. In 

contested cases: 

(1) 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 shall be admissible. Agencies and hearing officers shall 

give effect to the rules of privilege recogTitle 18 Page 264 (2009 Edition) 
m.:- * 

ADMINISTRATIVE PROCEDURES ACT 183.457 

nized by law. Objections to evidentiary offers 

may be made and shall be noted in the record. Any part of the evidence may be received in written form. 

(2) All evidence shall be offered and made 

a part of the record in the case, and except 

for matters stipulated to and except as provided in subsection (4) of this section no 

other factual information or evidence shall 

be considered in the determination of the 

case. Documentary evidence may be received 

in the form of copies or excerpts, or by incorporation by. reference. The burden of 

presenting evidence to support a fact or position in a contested case rests on the proponent of the fact or position. 

(3) Every party shall have ^ the right of 

cross-examination of witnesses who testify 

and shall have the right to submit rebuttal 

evidence. Persons appearing in a limited 

party status shall participate in the manner 

and to the extent prescribed by rule of the 

agency. 

(4) The hearing officer and agency may 

take notice of judicially cognizable facts, ahd 

may take official notice of general, technical 

or scientific facts within the specialized 

knowledge of the hearing officer or agency. 

Piar,ties shall be notified at any time during 

the proceeding but in any event prior to the 

fihal decision of material officially noticed 

and they shall be afforded an opportunity to 

contest the facts so noticed. The hearing 

officer and agency may utiliz^ the hearing 

officer's or agency's experience, technical 

competence and specialized knowledge in the 

evaluation of the evidence presented: 

(5) No sanction shall be imposed or order 

be issued except upon consideration of the 

whole record or such portions thereof as riaay 

be cited by any p£irty, and as supported by, 

and in accordance with, reliable, probative 

and substantial evidence. [1957 c.7l7 §9; 1971 c.734 

§15; 1975 c.759 §12; 1977 c.798 §3; 1979 c.593 §21; 1987 

C.833 §1; 1995 C.272 §5; 1997 c.391 §1; 1997 c.801 §76; 1999 

c.448,§5; 1999 c.849 §34] ,, 

183.452 Representation of agencies at 

contested case hearings. (1) Agencies may, 

at their discretion, be represented at cohtested case hearings, by the Attorney General. 

(2) Ndtivithstanding ORS 9.160, 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 ofthe agency if: 

(a) The Attorney General has consented 

to the representation of the agency by an 

agency representative in the particular hearing or in the class of hearings that includes 

the particular hearing; and 

(b) The agency, by,rule, has authorized 

an agency represehtative to appear on its 

behalf in the particular tjqje pf hearing being 

conducted. 

(3) An agency representative acting under the provisions of this section may not 

give legal advice to an agency, and may not 

present legal argument in contested case 

hearings, except to the extent authorized by 

subsection (4) of this section. 

(4) The officer presiding at a contested 

case hearing. in which an agency . representative appears under the provisions of this 

section may allow the agency representative 

to present evidence, examine and crossexamine witnesses, arid make arguments relaiting to the: 

(a) Application of statutes and rules to 

the facts in the contested case; 

(b) Actions taken by the agency in the 

past in similar situatioris; 

(c) Literal meaning of the statutes or 

rules at issue in the contested case; 

(d) Admissibility of evidence; and 

(e) Proper procedures to be used in. the 

contested case hearing. 

(5) Upon judicial review, no limitation 

imposed under this section on an, agency 

representative is the basis for reversal or remand of agency action unless the limitation 

resulted in substantial prejudice to; a party. 

(6) The Attorney General may prepare 

model rules for agency representatives authorized under this, section. [1999 c.448 §3] 

Note: 183.452 was added to and made a'"part of 

183.413 to 183.470 by legislative action, but was not 

added to any other series. See Preface to Oregon; Revised Statutes for further explanation. 

18a455 [1987 c.259 §3; repealed by 1999 c.448 §10] 

,183.457 Representation of persons 

other than agencies participating-in contested case hearings.. (1) - 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 ari agericy described in this 

subsectiori may be represented by ari attorney, or by an authorized representativie subr 

ject to the provisions of subsection (2) of this 

section. The Attorney General shall prepare 

model rules for proceedings with lay representation that do not have the effect of precluding lay, representation. No rule adopted 

by a state agency shall have the effect of 

precluding lay representation. The agencies 

before which an authorized, represehtative 

may appear are: 

(a) The State Landscape Contractors 

Board in the administration of the Landscape 

Contractors Law. 

Title 18 Page 265 (2009 Edition) 
183.458 EXECUTryE BRANCH; ORGANIZATION 

(b) The State Department of Energy and 

the Energy Facility Siting Council. 

(c) The Environmental Quality Commission and the Depsulment of Envirorimental 

Quality. 

(d) The Department of Consumer and 

Business Services for proceedings in which 

an insured appears pursuant to ORS 737.505: 

(e) The Department of Consumer and 

Business Services and any other agency for . 

the purpose of proceedings to enforce the 

state building code, as defined by ORS 

455.010. 

(f) The State Fire Marshal in the Department of State Police. 

(g) The Department of State Lands for 

proceedings regarding the issuance or denial 

of fill or removal permits under ORS 196.800 

to 196.825. 

(h) The Public Utility Clommission. 

(i) The Water Resources Commission and 

the Water Resources Department. 

(j) The Land Conservation and Development Commission and the Department of 

Land Conservation and Development. 

(k) The State Department of Agriculture, 

for purposes of hearings under ORS 215.705. 

(L) The Bureau of Labor and Industries. 

(2) A person participating in a contested 

case hearing as provided in subsection (1) of 

this section may appear by an authorized 

representative if: 

(a) The agency conducting the contested 

case hearing has determined that appearance 

of such a person by an authorized representative will not hinder the orderly and timely 

development of the record ih the type of 

contested case hearing being conducted; 

(b) The agency conducting the contested 

case hea:ririg allows, by rule, authorized representatives to appear oh behalf of such participants in the type i of contested case 

hearing being conducted; and 

;(c) The officer presiding at the contested 

case hearing hiay exercise discretion to limit 

an' authorized representative's presentation 

of evidence, exainination and crossexamination of withesses, or presentation of 

factual arguments to ensure the orderly' and 

timely development of the hearing record, 

and shall not allow an authorized representa;tive to present legal arguments except to 

the extent authorized under subsection (3) of 

this section. 

(3) The officer presiding at a contested 

case hearing in which an authorized representative appears under the provisions of this 

section may allow the authorized representative to present evidence, examine and 

cross-examine witnesses, and make arguments relating to the: 

(a) Application of statutes and rules to 

the facts in the contested case; 

(b) Actions taken by the agency in the 

past in similar situations; 

(c) Literal meaning of the statutes or 

rules at issue in the contested case; 

(d) Admissibility of evidence; and 

(e) Proper procedures to be used in the 

contested case hearing. 

(4) Upon judicial review, no limitation 

imposed by an agency presiding officer on 

the participation. of an authorized representative shall be the basis for reversal or remand of agehcy action unless the limitation 

resulted in substantial prejudice to a person 

erititled to judicial review of the agency actiori. 

(5) For the purposes of this section, "authorized representative" means a member of 

a participating partnership, an authorized officer or regular employee of a participating 

corporation, association or organized group, 

or an authorized officer or employee of a 

participating governmental authority other 

than a state agency. [1987 c.833 §3; 1989 c.453 §2; 

1993 c.186 §4; 1995 c,102 §1; 1999 c.448 §1; 1999 c.599 §1] 

Note: 183.457 was added to and made a part of 

183.413, to 183.470 by . legislative ' action but was not 

added to.any other,series. See Preface to Oregon Revised Statutes for further explanation. 

183.458 Nonattomey representation of 

parties in certain contested case hearings. (1), Notwithstanding any other provision of Taw, in any, contested case hearing 

before a state agency involving child support, 

public assistarice as defined in ORS 411.01() 

or the right to be free from potentially unusukl or hazEU-dous treatment procedures un -

der ORS 426.385 (3), a p^ y may be 

represented by any of the followihg persons: 

(a) An authorized representative who is 

an employee of a nonprofit, legal services 

program that receives funding pursuant to 

ORS 9.572. The, authorized representative 

must be supervised by an attomey also employed by a legal services progra.rii. 

(b) An authorized representative who is 

an employee of the system described in ORS 

192.517 (1). The authorized representative 

must be supervised by an attomey also employed by the system, ,.: 

(2) In any contested case hearing before 

a state agency involving child support, a 

party may be represented by a law student 

who is: 

(a) Handling the child support matter as 

part of a law school clinical program in 

which the student is enrolled; and 

Title 18 Page 266 (2009 Edition) 
ADMINISTRATIVE PROCEDURES ACT 183.470 

(b) Supervised by an attorney employed 

by the program. 

(3) A persori authorized to represent a 

party under this section may present evidence in the proceeding, examine and crossexamine witnesses and present factual and 

legal arguments in the proceeding. [1999 c.448 

§4; 2003 C.14 §86; 2005 c.498 §6; 2009 c.49 §1] 

Note: 183.458 was. added to and made a part of 

183.413 - to 183.470 by legislative action but was not 

added to any other series. See Preface to Oregon Revised Statutes for further explanation. 

183.459 Representation of home care 

worker by labor union representative. (1) 

Notwithstanding ORS 8.690, 9.160 and 9.320, 

a home care 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. 

(2) The hearing officer at a coritested 

case hearing in which a labor uriion representative appears under the provisions of this 

section shall allow the representative to 

present evidence, examirie and cross-examine 

witnesses and inake arguments relating to 

the: ' • 

(a) Application of statutes and rules to 

the facts in the contested case; 

• (b) Actions taken by the agency in the 

past in similar situations; • . 

(c) Literal meaning of the statutes or 

rules at issue in the contested case; 

(d) Admissibility of evidence; and 

(e) Proper procedures to be used in the 

contested case hearing. , [2009 c.424 §2] 

Note: 183.459 was added, to and .made a part of 

183.413 to 183.470 by legislative action' but was not 

added to any other series therein. See Preface to Oregon 

Revised Statutes for further explanation;; 

183.460 Examination of eyideiice by 

agency. Whenever in a contested case a 

majority of the officials of the agency who 

are to rerider the' final order have not heard 

the case or considered the record, the order, 

if adverse to a party other than this agency 

itself, shall hot be made until a proposed order, including findings of fact .and conclusions of law, has been served upon the 

parties and an opp6ri;unity has been afforded 

to each party adversely affected to file exceptions and present argument to the officials who are to render the decision. [1957 

c.717 §10; 1971 c.734 §16; 1975 c,759 §13] , 

183.462 Agericy 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. [1979 c.593 §36c] 

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

(1) 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 proposed order shall become final 

after the 30th day following the date of service of the proposed order, unless the agency 

within that period issues an amended order. 

(2) An agency may by rule specify a period qf time after which a proposed order 

will become final that is different from that 

specified in subsection (1) of this section, 

(3) If an agency determines that additional time will, be necessary to allow the 

agency! adequately to review a proposed order in a contested case, the agency may extend the time after which the proposed order 

will become final by a specified period of 

time. The agency shall notify the parties to 

the hearing of the period of extension. 

(4) Subsections (1) to (4) of this.section 

do not apply to the Public Utility Commission or the Energy Facility Sitirig Council. 

(5) The Governor may exempt any agency 

or any class "of contested case hearirigs before an agency from the requirements in 

whole or part of subsections (1) to (4) of this 

section by executive order. The executive order shall contain a statemerit of the reasons 

for the exeinption. [1979 c.593 §§36,36b; 1^5 cl79 

§64; 2001 c.104 §64] ' .' 

183.470 Orders in contested cases. In 

a contested case: . , 

(1) Every order adverse to a party to the 

proceeding shall be in writirig or stated in 

the record and may be accompanied by an 

opinion. 

(2) A final order shall be accompanied by 

findings of fact and conclusions of law. The 

findings of fact shall corisist of a concise 

statement of the underlying facts supporting 

the findings as to eiach contested issue of fact 

and as to each, ultimate frict required to support the agency's order. 

(3) The agency shall notify the parties to 

a proceeding of a final order hf delivering or 

mailing, a copy of the order and any accompanying findirigs and conclusions to each 

party or, if applicable, the party's attorhey 

of record. 

(4) Every final order shall include a citation of the statutes under which the order 

Title 18 Page 267 (2009 Edition) 
183.480 EXECUTIVE BRANCH; ORGANIZATION 

may be appealed. [1957 c.7l7 §li; 1971 c.734 §17; 1979 

a593 §22] 

(Judicial Review) 

183.480 Judicial review of agency orders. (1) 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 otherwise provided by statute or 

agency rule. 

(2) Judicial review of final orders of 

agericies shall be solely as provided by ORS 

183.482, 183.484, 183.490 and 183.500. 

(3) No action or suit shall be maintained 

as to the validity of any agency order except 

a final order as provided in this sectiori and 

ORS 183.482, 183.484, 183.490 and 183.500 or 

except upon showing that the agency is proceeding without probable cause, or that the 

psoty will suffer substantial and irreparable 

harm if interlocutory relief is not granted. 

(4) Judicial review of orders issued pursuant to ORS 813.410 shall be as provided by 

O RS 813.410. [1957 0.717 §12; 1963 c.449 §1; 1971 c.734 

§18; 1975 c.759 §14; 1979 c.593 §23; 1983 c.338 §901; 1985 

c.757 §4; 1997 c.837 §5i; 2007 c.288 §11] 

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

authority. (1) 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 followirig the date the 

order upon which the petition is based is 

served unless otherwise provided by statute. 

If a petition for rehearirig has been filed, 

then the petition for review shall be "filed 

within 60 days only following the date the 

order denying,.the petition for rehearing is 

served. If the agency does not otherwise act, 

a petition for rehearing or reconsideration 

shall be deenaed denied the j60th day followihg the daite the petition was filed, arid in 

such cases, petition for judicial review shall 

be filed within 60 days only followirig such 

date. Date of service shall be the date on 

which the agency delivered or mailed its order in accordance with ORS 183.470. 

(2) The petition shall state the nature of 

the order the petitioner desires reviewed, and 

shall state whether the petitiorief was a 

party to the administrative proceeding, \yas 

denied status as a party or is seeking judicial 

review as a person adversely affected or 

aggrieved by the agency order. In the latter 

case, the petitioner shall, by supporting affidavit, state the facts showing how the petitioner is adversely affected or aggrieved by 

the agency order. Before deciding the issues 

raised by the petition for review, the Court 

of Appeals shall decide, from facts set forth 

in the affidavit, whether or not the petitioner 

is entitled to petition as an adversely afr 

fected or an aggrieved person. Copies of the 

petition shall be served by registered or certified mail upon the agency, and all other 

parties of record in the agency proceeding. 

(3)(a) The filing of the petition shall not 

stay enforcement of the agency order, but 

the agency may do so upon a showing bf: 

(A) Irreparable injury to the petitioner; 

and 

(B) A colorable claim of error in the order. 

(b) When a petitioner makes the showing 

required by paragraph (a) of this subsection, 

the agency shall grant the stay unless the 

agency determines that substantial public 

harm will result if the order is stayed. If the 

agency denies the stay, the denial shall be in 

writing and shall specifically state the substantial public harm that would result from 

the granting of the stay. 

(c) When the agency grants a stay, the 

agency may irtipose such reasonable condir 

tions as the giving of a bond, irrevocable 

letter of credit or Other undertaking and that 

the petitioner file all documents riecessary to 

bring the matter to issue before the Court of 

Appeals within specified reasonable periods 

of time. 

(d) Agency denial of a motion for stay is 

subject to review by the Court; of Appeals 

under such rules as the court riiay establish. 

(4) Within 30 days after service of the 

petition, or within such further time as the 

court may allow, the agency shall transmit 

to the reviewing court; the original or a certified Qopy of the ehtii-e record of the proceeding under review, but, by stipulatidh of 

all parties to the revievv proceeding, the record may be shortened. Any party unreasonably refusirig to stipulate to limit the record 

maiy be taxed by the court for the additional 

costs: The court may require or permit subsequent corrections or additioris to the record when deemed desirable. Except as 

specifically provided in this subsection, the 

cost of the record shall riot be taxed to the 

petitioner or any interveriing party. However, the court may tax such costs and the 

cost of agency transcriptioh of record to a 

party filing a frivolous petition for review. 

(5) If, on review of a contested case, before the date set for hearing, application is 

made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional 

evidence is material and that there were 

Title 18 Page 268 (2009 Edition) 
ADMINISTRATIVE PROCEDURES ACT 183.484 

good and substantial reasons for failure to 

present it in the proceeding before the 

agency, the court may order that the additional . evidence be taken before the agency 

upon such conditions as the court deems 

proper. The agency may modify its findings 

and order by reason of the additional evidence and shall, within a time to be fixed by 

the court, file with the reviewing court, to 

become a part of the record, the additional 

evidence, together with any modifications or 

new findings or orders, or its certificate that 

the agency elects to stand on its original 

•findings and order, as the case may be. 

(6) At any time subsequent to the filing 

of the petition for review and prior, to the 

date set for hearing the agency niay vrithdraw its order for purposes of reconsideration. If an agency withdraws an order for 

purposes of reconsideration, the agency shall, 

within such time as the court may allow, affirin, modify or reverse its order. If the petitioner is dissatisfied with the agency action 

after withdrawal for purposes of reconsideration, the • petitioner may refile the petition 

for review and the review shall proceed upori 

the revised order. An amended petition for 

review shall not be required if the agency, 

on reconsideration, affirms the order or 

modifies the order with only.minor changes. 

If. an agency withdraws an order for purposes 

of, reconsideration and modifies or reverses 

the order in favor of the petitioner, the court 

shall allow the petitioner costs, but not.attorney fees, to be paid from, funds available 

to the agency. 

(7) Review of a contested case shall be 

confined to the record, and, the court shall 

not substitute, its judgment, for that of the 

agency as to any, issue of fact or agency discretion. In the case of disputed allegations 

of irregularities in procedure before the 

agency not shown in the record which, if 

proved, would warrant reversal or remand, 

the Court of Appeals may refer the allegatiohs to a mastier appointed by the court 

to take evidence and make findings of fact 

upon them. The court shall remand the order 

for further agency action if the court finds 

that either the fairness of the, proceedings or 

the correctness ofthe action may have been 

iriapaired by, a material error in procedure or 

a failure to follow prescribed procedure, including a failure by the presiding officer to 

comply with the requirements of ORS 183.417 

(8): . 

(8)(a) The court may affirm, reverse or 

remarid the order. If the court finds that the 

agency has erroneously interpreted a provision of law,and that a correct interpretatiori coriipels a particular action, the court 

shall:, 

(A) Set aside or modify the order; or 

(B) Remand the case to the agency for 

further action under a correct interpretation 

of the provision of law. 

(b) The court shall remand the order to 

the agency if the court finds the agency's 

exercise of discretion to be: 

(A) Outside the range, of discretion delegated to the agency by law; 

(B) Inconsistent with an agency rule, an 

officially stated agency position, or a prior 

agency practice, if the inconsistency is not 

explained by the agency; or 

(C) Otherwise in violatiori of a constitutional or statutory provision. 

(c) The court shall set aside or remand 

the order if the court finds that the order is 

not supported by substantial evidence in ,the 

record. Substantial evidence exists to support 

a finding of fact when the record, viewed as 

a whole, would permit a reasonable person 

to make that finding. [1975 c.759 §15; 1977 c.798 

§4; 1979 c.593 §24; 1985- c.757 §2; 1989 c.453 §1; 1991 c.331 

§44; 2007 c.659 §§2,5] 

183.484 Jurisdiction for review of orders other than contested cases; procedure; scope of court authority. (1) 

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 priricipal business office. Proceedings for review 

under this section shall be instituted by filing a petition in the Circuit, Court for Marion County or the circuit court ,for the 

county in which the petitioner resides or has 

a principal busihess office. 

(2) Petitions for review shall; be filed 

within 60 days only following the date the 

order is served, or if a petitiori for reconsideration or rehearirig has been filed, then 

within 60 days only following the date the 

order denying such petition is served.: If the 

agency does not otherwise act, a petition for 

rehearing or reconsideration shall be. deemed 

denied the 60th day following the date the 

petition was filed, and in such case petition 

for judicial review shall be filed within 60 

days only, followihg such date. Date of service shall be the date on which the agency 

delivered or mailed its order in accordarice 

with ORS 183.470. 

(3) The petition shall state the nature of 

the petitiorier's interest, the facts showing 

how the petitioner is adversely affected or 

aggrieved by the agency order and the 

ground or grounds upon which the petitioner 

contends the order should be reversed or remanded. The review shall proceed and be 

conducted by the court without a jury. 

(4) At any time subsequent to the filing 

of the petition for review and prior to the 

Title 18 Page 269 (2009 Edition) 
183.485 EXECUTIVE BRANCH; ORGANIZATION 

date set for hearing, the agency may withdraw its order for purposes of reconsideration. If an agency withdraws an order for 

purposes of reconsideration, it shall, within 

such time as the court may allow, affirm, 

modify or reverse its order. If the petitioner 

is dissatisfied with the agency action after 

withdrawal for purposes of reconsideration, 

the petitioner may refile the petition for review and the review shall proceed upon the 

revised order. An amended petition for review shall not be required if the agency, on 

reconsideration, affirms the order or modifies 

the order with only minor changes. If an 

agency withdraws an order for purposes of 

reconsideration and modifies or reverses the 

order in favor of the petitioner, the court 

shall allow the petitioner costs, but not attorney fees, to be paid from funds available 

to the agency. 

. (5)(a) The court may affirm, reverse or 

remarid the order. If the court finds that the 

agency has erroneously interpreted a;provision of law and that a correct interpretation compels a particular action, it shall: 

(A) Set.aside or modify the order; or" 

(B) Remand the'case to the agency for 

further action under' a correct interpretation 

of the provision of law. 

(b) The court shall remand the order to 

the agency if it .finds the agency's exercise 

of discretion to be: . 

(A) Outside the range of discretion delegated to the agiericy by law; -. 

• (B) Inconsistent with an agency rule, an 

officially stated agency ppsitiori, or a prior 

agency practice, if the inconsistency is not 

explained by'the agency; or 

. (C) Otherwise iri violation of a coristitutioiial or-statutory provision. . 

(c): The court shall set aside or remand 

the order if it finds that the order is not 

supported by substantial evidence iri the record. Substantial evidence exists to support 

a finding of fact when the record, viewed as 

a whole, would permit a reasonable person 

to riiake that finding. ,; 

(6) In the case of reversal the court shall 

make special findings of fact based upon the 

evidence in the record and conclusions of 

law indicating clearly all aspects in which 

the agency's order is erroneous; [1975 c.759 §16; 

1979 C.284 §121; 1979 c.593 §25a; 1985 c.757 §3; 1999 c.113 

183.485 Decision of court on review of 

contested case. (1) 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 £uid 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. 

(2) Upon receipt of the. court's decision, 

including the judgment, the clerk of the circuit court shall enter a judgment in the register of the court pursuant to the direction 

of the court to which the appeal is made. 

[1973 c.612 §7; 1981 c;178 §11; 1985 c.540 §39; 2003 c.576 

§193] 

183.486 Form and scope of decision of 

reviewing covui;. (1) The i-eviewing 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: 

(a) Order agency action required by law, 

order agency exercise of discretion when required by law, set aside agency action, remand the case for further agency proceedings 

or decide the rights, privileges, obligations, 

requirements or procedures at issue between 

the parties; and • 

, (b) Order, such ancillary relief as the 

court finds necessary to redress the effects 

of official action wrongfully taken or withheld. ' 

(2) If the court sets aside agency action 

or, remands the'case to the agency for further proceedihgs, it may make such 

interlocutory order as the court finds necessary to preserve the interests of any party 

arid the public peuding further proceedings 

or agency action. 

(3) Unless the court finds a ground for 

setting aside, niodifying, remanding, or ordering agency action or ancillary relief under 

a specified provision of this section, it shall 

affirm the agency action. [19,79 c.593 §27] 

; 183.490 Agency, may be compelled to 

act. The court may, upon petition as described, in ORS 183.484,, compel an agehcy to 

act where it has unlawfully refused to act or 

make a decision or unreasonably delayed 

taking action or making a decision. [1957, c.717 

§13; 1979 c,593 §28] , ., ' • 

183.495 [1975 c.759 §16a; repealed by 1985 c.767 §7] 

183.497 Awarding costs arid attomey 

fees when finding for petitioner. (1) In a 

judicial proceeding designated under subsection (2) of this section the court: 

(a) May, in its , discretion, allow a petitioner reasonable attorney fees and costs if 

the court finds in favor of the petitioner. 

(b) 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 without a reasonable 

basis in fact or in law; but the co\iri may 

withhold all or part of the attorney fees froui 

ariy allowance to a petitioner if the court 

Titie 18 Page 270 (2009 Edition) 
ADMINISTRATIVE PROCEDURES ACT 183.502 

finds that the state agency has proved that 

its action was substantially justified or that 

special circumstances exist that make the 

allowance of all or part of the attorney fees 

unjust. 

(2) The provisions of subsection (1) of 

this section apply to an administrative or judicial proceeding brought by a petitioner 

against a state agency, as defined in ORS 

291.002, for: 

(a) Judicial review of a final order as 

provided in ORS 183.480 to 183.484; 

(b) Judicial review of a declaratory ruling 

provided in ORS 183.410; or 

(c) A judicial determination of the validity of a mle as provided in ORS 183.400. 

(3) Amounts allowed under this section 

for reasonable attorney fees and costs shall 

be paid from funds available to the state 

agency whose final order, declaratory ruling 

or rule was reviewed by the court. [1981 c.87i 

§1; 1985 c.757 §5] 

Note: 183.497 was enacted into law by the Legislative Assembly but was not added to or made a part of 

ORS chapter 183 or any series therein by legislative 

. action. See Preface to Oregon Revised Statutes for further explanation. 

(Appeals From Circuit Courts) 

183.500 Appeals. Any party to the proceedings before the circuit court riiay appeal 

fi"om the judgriient of that court to the Court 

of Appeals: Such appeal shall be taken in the 

manner provided by law for appeals froni the 

circuit court in suits in equity. [1957 c.7l7 §14; 

1969 c.198 §76; 2003 c.576 §394] 

(Alternative Dispute Resolution) 

183.502 Authority of agenbies to use 

altemative meaiiis of dispute resolution; 

model' rules; amendment of agreements 

and forms; agency alteriiative dispute 

resolution progirams. (1) Unless otherwise 

prohibited by law, agencies mayuse alternative means of dispute resolution in rulemaking proceedings, contested case proceedings, 

judicial proceedings in which the agency is 

a party, and any othei^ decision-making process in which conflicts may arise. The' altera 

native means of dispute resolution may be 

arbitration, mediation or any other collaborative problemrsolvirig process designed to 

encourage parties tOj work together to develop mutually agreeaWe. solutions to disputes. Use of alternative means of dispute 

resolution by an agericy does not affect the 

apphcation of ORS 192;4l0 to 192.505 to the 

agency, or the applicatiori of ORS 192;6i0 to 

192.690 to the agency. 

(2) An agency that elects to utilize alternative means of dispute resolution shall inform and may consult with the Mark O. 

Hatfield School of Government, the Department of Justice and the Oregon Department 

of Administrative Services in developing a 

policy or program for implementation of alternative means of dispute resolution. 

(3) The Attorney General, in consultation 

with the Mark O. Hatfield School of Government and the Oregon Department of Administrative Services, may develop for 

agencies model rules for the implementation 

of altemative means of dispute resolution. 

An agency may adopt all or part of the model 

rules by reference without complying with 

the rulemaking procedures of ORS 183.325 to 

183.410. Notice of the adoption of all or part 

of the model rules must be filed by the 

agency with the Secretary of State in the 

manner provided by ORS 183.355 for the filing of rules. 

(4) When an agency reviews the standard 

agreements, forms for contracts and forins 

for. applying for grants or other assistance 

used by the agency, the agency shall determine whether the agreements and forms 

should be amended to authorize and encourage the use of alternative means of dispute 

resolution in disputes that arise under the 

agreement, contract or application. 

(5) The Department of Justice, the Mark 

O. Hatfield School of Government, the Oregon Departriient of Administrative Services 

and the Governor shall collaborate to increase the use of alternative dispute resolution to resolve disputes involving thb State 

of Oregon by: 

(a) Assisting agencies to develop a policy 

for alternative means of dispute resolution; 

(b) Assisting agencies to develop or ,expand flexible and diverse agency programs 

that provide alternative means of dispute 

resolution; and 

(c) Providirig assistance in-the efficient 

and effective selection of mediators or 

facilitators. . 

(6)(a). The Mark O. Hatfield School of 

Govemmerit, the Oregon Departriibnt'of Administrative Services and the Department of 

Justice shall work cooperatively in desigriing 

the program! under; ORS 36.179 that is intended to provide services to, apply to or involve any state, agency. 

(b) The Mark O. Hatfield School of Government, the Oregon Departmerit of Adriiinistrative Services and the Department of 

Justice shall enter into an interagency 

agreement that includes, but is not limited 

to, provisions on appropriate roles, reporting 

requirements £ind coordination of services 

provided to state agencies by the Mark O. 

Hatfield School of Government pursuant to 

ORS 36.179. 

Titie 18 Page 271 (2009 Edition) 
183.530 EXECUTIVE BRANCH; ORGANIZATION 

(c) Before providing dispute resolution 

services in a specific matter to a state 

agency under ORS 36.179, the Mark O. 

Hatfield School of Government shall notify 

the Department of Justice of any proposal to 

provide such services. 

(7) Agencies with alternative dispute resolution programs shall seek to identify cases 

appropriate for mediation and other means 

of alternative dispute resolution and to design systems and procedures to resolve those 

cases. 

(8) The purpose of the agency alternative 

dispute resolution programs is to: 

(a) Increase agency efficiency; 

(b) Increase public and agency satisfaction with the process and results of dispute 

resolution; and 

(c) Decrease the cost of resolving disputes. 

(9) An agency may use the services of an 

employee of another agency or of the federal 

government to serve as a mediator or 

facilitator, and may provide the services of 

an agency employee to another agency or to 

the federal government to serve as a 

mediator or facilitator. An agency may enter 

into an agreement with another agency or 

with the federal government to determine 

reimbursement for services of an einployee 

acting as a mediator.or facilitator under the 

provisions of this subsection. This subsection 

does not apply to mediation under ORS 

243.650 to 243.782. [1993 c.647 §2; 1995 c.515 §2; 1997 

c.706 §5; 1997 c.801 §42; 1997 c.837 §7; 2001 c.581 §2; 2003 

C.791 §§27,27a; 2005 c.334 §§1,2; 2005 c.817 §6] 

' Note: 183.502 was added ;to and made a part of 

ORS chapter 183 by legislative action but was not added 

to any smaller series therein. See Preface to Oregon 

Re-vised' Statutes for further explanation. 

ISaSlO [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 shaill be 

prepared upon,the proposal for adoption or 

repeal of any rule or any, amendinent to an 

existing,rule by: 

(1) The State Housing Council; 

(2) A building codes division of the Department of Consumer and Business Services 

or any board associated with the department 

with regard tommies adopted ,under ORS 

455.610, to 455.630; 

(3) The Land Conservation and Development Commission; , -

(4) The Environriiental Quality Commission; 

(5) The Construction Contractors Board; 

(6) The Occupational Safety and Health 

Division of the Department of Consumer and 

Business Services; or 

(7) The State Department of Energy. [1995 

c.652 §2] 

Note: 183.530 to 183.538 were a;dded to and made a 

part of ORS chapter 183 by legislative action but were 

not added to any smaller series therein. See Preface to 

Oregon Revised Statutes for further explanation. 

183.534 Housing cost impact statement described; rules. (1) 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 parceb 

and the construction of a 1,200 square foot 

detached single family dwelling on that parcel. The State Housing Council shall adopt 

rules prescribing the form to be used when 

preparing the estimate and other such rules 

necessary to the implementation of this section and ORS 183.530 and 183.538. 

(2) A housing cost impact statement: 

(a) For an agency listed in ORS 183.530 

shall be incorporated in the: 

(A) Fiscal impact statement required by 

ORS 183.335 (2)(b)(E) for permanent mle 

adoption; or 

(B) Statements required by ORS 183.335 

(5) for temporary mle adoption. 

(b) Shall not be required for the adoption 

of any procedural mle by an agency listed in 

O RS 183.530. [1995 c.652 §3; 1997 c.249 §54] 

Note: See note under 183.530. 

183.538 Effect of failure to prepare 

housing cost impact statement; judicial 

review. (1) Notwithstanding ORS 183.335 

(12), 183.400 (4) or any other provision of law, 

the failure to prepare a housihg cost impact 

statement shall not affect, the validity,or effective date of any rule or ordinance or any 

amendment to a rule or ordihance. 

(2) If a rule or ordinance or any amendment to a rule or ordinance is challenged 

based on the failure to prepare a housing 

cost impact Statement, the court or other reviewing authority shall remand the proposed 

rule or ordinance or any amendment to a 

ruile or ordinance to the adopting or repealing entity if it determines that a housing 

cost impact statement is required. 

(3) The court or other reviewing authority shall determine only whether a housing 

cost impact stateinent was prepared and shall 

not riiake any determination as to the sufficiency of the housing cost impact statement. 

[1995 c.652 §4; 2001 c.220 f4]' 

Note: See note under 183.530. 

Titie 18 Page 272 (2009 Edition) 
ADMINISTRATIVE PROCEDURES ACT 183.615 

(Effects of Rules on Small Business) 

183.540 Reduction of economic impact 

oh 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: 

(1) Establishing differing compliance or 

reporting requireriients or time tables for 

small business; 

(2) Clarifying; consolidating or simplifying tbe coinpliance and reporting requirements under the rule for small business; 

(3) Utilizing objective criteria ,for standards; 

(4) Exempting small businesses from any 

or all requirements ofthe rule; or 

(5) Otherwise establishing less intrusive 

or less costly alternatives applicable, to small 

business. [1981 c.755 §4; 2003 c.749 §7; 2005 c.807 §6] 

183545 [1981 c.755 §5; repealed by 2003, c.749 §17] 

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

.: 183560 [2001 c.374 §1; 2003 C:740 §1; renumbered 

183.700 in 2003] ' 

- 1835ffi [2001 C.374 §2; renumbered 183.702 in 2003], 

(Office of Administrative Hearings) 

, 183.600 [1999 c.849 §2; 2003 c.75 §1; repealed by 2009 

C.866 §4] : 

183.605 Office of Administrative Hearings. (1) 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 183:690 may: 

(a) Conduct contested case proceedihgs 

on behalf of agencies in the manner provided 

by ORS 183.605 to 183.690; 

(b) Perform such other sei^ices, as may 

be requested by an agency, that are appropriate for the resolution of disputes arising 

out ofthe cohduct of agency business; and 

(c) Perform such other duties as may be 

authorized imder ORS 183.605 to 183.690. 

(2) All persons serving as administrative 

law judges in the office must meet the standards and training requirements of ORS 

183.680. 

• (3) The Emplojonent Department shall 

provide administrative services to the Office 

of Administrative Hearings, including budget 

services, accounting services, procurement 

services, contracting services, human resources services and information technology 

services. The services must be provided in a 

manner that is consistent with law, rules and 

state policies. The Office of Administrative 

Hearings shall reimburse the Employment 

Department for the costs, of the services pro-

•vided. [1999 c.849 §3; 2003 c.75 §2; 2009 c.866 §5] 

183.610 Chief administrative law judge. 

(1) The (Governor shall appoint a person to 

serve as chief administrative law judge for 

the Office of Administrative Hearings. The 

Governor shall consider recommendations by 

the Office of Administrative Hearings Oversight Committee in appointing a chief administrative law judge. The person appointed 

to serve as chief administrative law .judge 

must be an active member of the (Oregon 

State Bar. The chief administrative law judge 

has all the powers necessary and convenient 

to organize and manage the office. Subject to 

the State Personnel Rela.tions Law, ,the chief 

administrative law judge shall employ all 

persons necessary for the administration of 

the office, prescribe the duties of those employees and fix their compensation. The chief 

administrative law judge shall serve for a 

term of four years. Notwithstanding ORS 

236.140, the Governor may remove the chief 

administrative law judge only for ciause. 

(2) The chief administrative law judge 

shall employ administrative law judges: The 

chief, administrative law judge shall ensure 

that administrative law judges employed for 

the office receive all training necessary to 

meet the standards required under the program created under ORS 183.680. 

(3) The chief, administrative law judge 

shall take all actions necessary, to protect 

and ensure the independence of each administrative law judge assigned fi'om the office. 

[1999 c.849 §4; 2003 c.75 §3; 2009 c.866 §1] 

183.615 Administrative. lav(^ judges; duties; qualificiations; rules. (1) An administrative law judge employed by or contracting 

with the chief administrative law judge shall 

conduct hearings on behalf of agericies as 

assigned by the chief administrative law 

judge. An administrative law judge shall be 

impartial in the performarice of the administrative law judge's duties and shall remain 

fair in all hearings conducted by the adriiinistrative law judge. An administrative law 

judge shall develop the record in coritested 

case proceedings ih the mariner provided by 

ORS 183.417 (8). 

(2) Only persons who have a knowledge 

of administrative law and procedure may- be 

employed by the. chief administrative law 

judge as administrative law judges. The chief 

administrative law judge by rule may establish additional qualifications for adrninistrative law judges employed for the office. [1999 

c.849 §5; 2003 c.75 §4; 2007 c.659 §§3i6] 

Title 18 Page 273 (2009 Edition) 
183.620 EXECUTIVE BRANCH; ORGANIZATION 

ii 

183.620 Contract administrative law 

judges. (1) The chief administrative law 

judge for the Office of Administrative Hearings may contract for the services of persons 

to act as administrative law judges. 

(2) 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 to the 

per hour cost of salary and benefits for administrative law judges regularly employed 

by the chief administrative law judge and 

conducting similar hearings. [1999 c.849 §6; 2003 

c.75 §5] ,, • - , -

183.625 Assignment of administrative 

law judges; conduct of hearings. (1) 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. 

(2) Notwithstanding any other provision 

of state law, any agency that is required to 

use administrative law judges assigned fi-oni 

the Office of Administrative Hearings to 

conduct hearings must delegate responsibility for the conduct of the hearing to an admiriistrative law judge a:ssigned from the 

Office of Administrative Hearings, and the 

hearing may not be conducted by the administrator, director, board, commission or other 

person or body charged vvith administering 

the agehcy. 

(3) Any agency may authorize an administrative law judge assigned to conduct a 

hearirig on behalf of the agency under this 

section to enter a fihal order for the agency, 

(4) An agency that is not required to use 

administrative law judges assigned from the 

office may contract with the chief admiriistrative law jud^e for the assigrinient of an 

administrative law judge from the office for 

the purpose of conducting one or more contested cases on behalf of the agency. [1999 

c.849 §7;:2003ic:75 §6] - ' -

183.630 Model rules bf procedure; exemptions; depositions. (1) 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 

proceedings. 

(2) The Attomey General, after consulting with the chief administrative law judge, 

may exempt an agency or a category of cases 

from the; requirements of subsection (1) of 

this section. The exemption may be from all 

or part of the model rules adopted by the 

Attorney General. Any exemption granted 

under this subsection must be made in writing. 

(3) The Attorney General shall consult 

with an advisory group when adopting model 

rules of procedure for the purpose of contested case hearings conducted by administrative law judges assigned from the Office 

of Administrative Hearings. The advisory 

group shall consist of: 

(a) The chief administrative law judge; 

(b) An officer or employee of a state 

agency, appointed by the (jovernor; 

(c) An attorney who practices administrative law, appointed by the Oregon State 

Bar; 

(d) A deputy or assistant attomey general appointed by the Attorney,General; and 

(e) A public member, appointed by the 

Governor, who is not an attomey or an officer or employee of a state agericy. 

(4)' Except as may be expressly gralnted 

by the agency to an administrative law judge 

assigned from the office, or as may be expressly provided for by law, an admiriistrative law judge conducting a hearing for an 

agency under ORS 183v605;to 183.690 may not 

authorize a party to take a deposition that is 

to be paid for by the agency. [1999 c.849 §8; 2003 

c.75 §7; 2009 c.866 §6] 

183.635 Agencies required to use administrative law judges from Office of 

Administrative Hearings; exceptions. (1) 

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. ', , 

(2) The following agencies need not use 

administrative law judges assigned from the 

office: 

(a) Attomey General. 

(b) Boards of stewards appointed by the 

Oregon Racing Cbmmissiori. 

(c) Bureau of Labor and Industries arid 

the Commissioner of the Bureau of Labor 

and Industries. 

(d) Departmerit of Corrections. 

(e) Department of Education, State Board 

of Education and Superintendent of Public 

Instruction. 

(f) Department of Human Services for 

Vocational rehabilitation services cases unTitie 18 Page ,274 (2009 Edition) 
ADMINISTRATIVE PROCEDURES ACT 183.645 

der 29 U.S.C. 722(c) and disability determination cases under 42 U.S.C. 405. 

(g) Department of Revenue. 

(h) Department of State Police. 

(i) EmplojTnent Appeals Board. 

(j) Erriplojmient Relations Board. 

(k) Energy Facility Siting Council. 

(L) Fair Dismissal Appeals Board. 

(m) Governor. 

(n) Land Conservation and Development 

Commission. 

,(o) Land Use Board of Appeals. 

(p) 'Local government boundary commisr 

sions created pursuant to ORS 199.430. 

(q) Oregon University System and institutions of higher education listed in ORS 

352.002. 

(r) Oregon Youth Authority. 

(s) Psychiatric Security Review Board. 

(t) Public Utility Commission. 

(u) State Accident Insurance Fund Corporation. 

(•v) State Apprenticeship and Training 

Council. 

(w) State Board of Parole and Post-Prison 

Supervision. 

(x) State Land Board. - : 

(y) State Treasurer. 

(z) Wage arid Hour Commission. , : 

„ (3). The Workers' Compensation Board is 

exempt from, using admimsti'ative law judges 

assigried from the office for any hearing conducted by the board under QRS chapters 147, 

654 arid 656; Except as specifically provided 

in this subsection, the Department of Consumer and Business Services must use administrative law judges assigned from the 

office only for contested cases arising out of 

the department's powers and duties under: 

(a) ORS chapter 59; '^ 

(b) ORS chapter 455; 

/• (c)'ORS chajpter 674;' ,,: . 

(d) ORS chapters 706 to 716; 

i (e) ORS chapter 717; 

(f) ORS chapters 723, 725 and 726; ahd ' 

(g) ORS chapters 731, 732, 733, 734, 735, 

737, 742, 743, 743A, 744,746, 748 and 750. 

(4) Notwithstanding any other provision 

of law, in any proceeding in which an agency 

is required to, use an administrative law 

judge assigned frpm the office, an officer or 

employee of the agency may not conduct the 

hearirig on behalf of the agency. 

(5) Notwithstariding any other provision 

of ORS 183.605 to 183:690, an agency is not 

required to use an administrative law judge 

assigned from the office if: 

(a) Federal law requires that a different 

administrative law judge or hearing officer 

be used; or 

(b) Use of an administrative law judge 

from the office could result in a loss of federal funds. 

(6) Notwithstanding any other provision 

of this section, the Department of Environmental Quality must use administrative law 

judges assigned from the office only for contested case hearings conducted under the 

provisions of ORS 183.413 to 183.470. [1999 

c.849 §9; 2001 c.900 §46; 2003 c.75 §8; 2005 c.22 §131; 2005 

c.26 §18; 2007 c.239 §9; 2009 c.541 §6; 2009 c:762 §46; 2009 

C.830 §147; 2009 c.866 §10] 

183.640 Use .of Office of Administrative Hearings by exempt agencies and by 

political subdivisions. (1) Upon request of 

an agency, the chief administrative law judge 

for the Office of Administrative Hearings 

may a,ssign administrative , law^. judges from 

the office to. conduct contested case pro^ 

ceedings ori behalf of agencies that are exempted from mandatory, use of administrative 

law judges assigned from the office under 

ORS 183.635. 

X2) The chief administrative law judge 

niay contract ..with any political subdivision 

of this state' to; provide the services of administrative law judges to the political subdivision for the purpose of conducting 

quasi-judicial hearirigs on behalf of the political subdivision. [1999 c. 849 §10; 2003 c.75 §9] 

183.645 Request for change of admin; 

istrative law judge; rules. (1) After assignment of an adininistrative 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 judge 

may by rule establish time limitatioris arid 

procedures for requests iinder this sectioh. 

(2) Only Orie request for a change of assignment of administrative law judge under 

subsection (1) of this section may be granted 

by the chief administrative law judge without 

a showing of good cause. If a party or agency 

fails to make a request urider subsection (1) 

of this section within the time allowed, or if 

a party or agency objects to an administrative law judge assigned after a request for a 

different administrative law judge has been 

granted under subsection (1) of this section, 

the chief administrative law judge shall assign a different administrative law judge only 

upon a showing of good cause. 

Title 18 Page 275 (2009 Edition) 
"'n 

183.650 EXECUTIV

E BRANCH; ORGANIZATION 

ti 

(3) Notwithstanding subsection (1) of this 

section, a different administrative law judge 

may not be assigned for a hearing provided 

tmder ORS 813.410 or 813.440 ori suspension 

of driving privileges, except upon a showing 

of good cause. [1999 c.849 §11; 2001 C.294 §8; 2003 c.75 

§10] 

183.650 Form of order; modification of 

form of order by agency; finding of his-

torical fact. (1) In any contested case hear-

ing 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 par-

ties to.the hearing a form of order, including 

recommended findings of fact arid conclu-

sions of law. The administrative law judge 

shall also prepare and serve a proposed order 

in the manner provided by ORS 183.464 un-

less the agency or. hearing is exempt from 

the requirements of ORS 183.464. 

(2) If the administrative law judge as-

sijgried from the office will hot enter the final 

order ih a contested case proceeding, and the 

agency modifies the form of order issued by 

the administrative law judge in any substan-

tial manner, the agency must identify the 

modifications and provide an explanation to 

the parties to the hearing as to why the 

agency made the modifications. 

(3)' An agency conducting a contested 

case hearing may modify a finding of histor-

ical fact made by the administrative law 

judge assigned from the Office of Adminis-

trative Hearings only if the agenCy deter-

mines that there is clear and convincing 

evidence in the record that the finding, was 

wrong. For the purposes of this section, an 

admiriistrative law judge makes a firidirig of 

historical fact if the administrative law judige 

determines that an event did; or did not occur 

in the past or that a circumstance or status 

did or did not exist either before the hearing 

or at the time of the hearing. 

(4) Notwithstanding ORS 19.415 (3), if a 

party' seeks judicial review of an agency's 

modifi.catipn of ai finding of historical fact 

under subsection (3) of this section, the court 

shall make an independent finding of the fact 

in dispute by conducting a review de novo 

of the record viewed as a whole. If the court 

decides that the agency erred in modifying 

the finding of historical, fact made by the ad-

ministrative law. judge, .;the court shall re-

mand the matter, to the agency for entry of 

an order consistent with, the .court's judg-

ment. [1999 c.849 §12; 2003 c.75 §11; 2009 c.231 §5; 2009 

c.866 §7], 

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 administra-

tive law judge, the cost „of conducting the 

hearing and all associated administrative 

costs. All fees collected by the chief admin-

istrative law judge under this section shall 

be paid into the Office of Administrative 

Hearings Operating Account created under 

ORS 183.660. [1999 c.849 §13; 2003 c.75 §12] 

183.660 Office of Administrative Hear-

ings Operating Account. (1) The Office of 

Administrative Hearings Operating Account 

is created within the (General Fund. The ac-

count 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 Admiriistrative Hearings created 

under ORS 183.605 for the purpose of pajdng 

expenses incurred in the administration of 

the office. 

(2) At the discretion of the chief admin-

istrative law judge, petty cash funds may be 

established and maintained for the purpose 

of administering the duties of the office. [1999 

c.849 §14; 2003 c.75 §13] 

. 183.665 Estimates of office expenses. 

The chief administrative law judge for the 

Office of Administrative Hearings shall esti-

mate 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. [1999 c.849'§15; 2003 c.75 §14] 

^183.670 Rules. Subject to the proyisions 

of the State 'PersoiinelvRelations Law, the 

chief administra,tive law judge for the Office 

of Administrative Hearings riiay adopt mles 

to: ' •••-• . . •";••• '•-•": '" '• : 

(1) Organize and manage the Office of 

Administrative Hearings established under 

ORS 183,605. , •.:.,• 

(2) Facilitate the performance of the du^ 

ties of administrative, law judges assigned 

from the office. 

(3) Establish qualifications for persons 

employed as administrative law judges by the 

office. 

(4) Establish standards and procedures 

for the evaluation and training of adminis-

trative law judges employed by the office, 

consistent with staridards arid trairiing re-

quirements established under ORS 183.680. 

[1999 c.849 §16; 2003 c.75 §15] , ' 

183.675 Altemative dispute resolution. 

ORS 183.605 to 183.690 do not limit in any 

way the ability of any agency to use alter-

native dispute resolution, including medi-

ation or arbitratiori, to resolve disputes 

without conducting a contested case hearing 

or without requesting assignment of an ad-

Titie 18 Pag

e 276 (200

9 Edition) 
ADMINISTRATIVE PROCEDURES ACT 183.685 

ministrative law judge from the Office of 

Administrative Hearings. [1999 c.849 §l6a; 2003 

c.75 §16] 

183.680 Standards and training program. (1) 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: 

(a) The establishment of an ethical code 

for persohs employed as administrative law 

judges by the office. 

(b) Training for administrative law judges 

employed by the office that is designed to 

assist in identifying cases that are appropriate for the use of alternative dispute resolution processes. 

(2) The program established by the chief 

administrative law judge under this section 

may include: 

(a) The conducting of courses on administrative law, evidence, hearing procedures 

and other issues that arise in presiding over 

administrative hearings, including courses 

designed to provide any training required by 

the chief administrative law judge for administrative law judges employed by the ;pffice. 

(b) The certification of courses offered by 

other persons for the purpose of any training 

required by, the chief administrative law 

judge for administrative law judges employed 

by.the office. 

(c) The provision of specialized training 

for administrative law judges in subject matter areas affecting particular agencies required to use administrative law judges 

assigned from the office. 

(3) The chief administrative law judge is 

bound by the ethical code established under 

this section and must satisfactorily complete 

training required of, administrative law 

judges employed by tbe office other than 

specialized training in subject matter areas 

affecting particular agencies. [1999 c.849 §19; 

2003 c.75 §17] 

183.685 Ex parte communications. (1) 

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) arid (4) of this section shall place in the record of the pending 

matter: 

(a) The name of each person from whom 

the administrative law judge received an ex 

parte communication; 

(b) A copy of any ex- parte written communication received by the administrative 

law judge; 

(c) A copy of any written response to the 

communication made by the administrative 

law judge; 

(d) A memorandum reflecting the substance of any ex parte oral communication 

made to the administrative law judge; and 

(e) A memorandum • reflecting the substance of any oral response made by the administrative law judge to an ex parte oral 

communication. 

(2) Upon making a record of an ex parte 

communication under subsection (1) of this 

section, an administrative law judge shall 

advise the agency and all parties in the proceeding that an ex parte communication has 

been made a part of the record. The adininistrative law judge shall allow the agency 

and parties an opportunity to respond to the 

ex parte communication. 

(3) Except as otherwise provided in this 

section, the provisions of this section apply 

to communications that: 

(a) Relate to a legal or factual issue in a 

contested case proceeding; 

(b) Are made directly or indirectly to an 

administrative law judge while the proceeding is pending; and 

(c) Are made without notice and opportunity for the agency and all parties to participate iri the communication. 

(4) The provisions of, this section apply to 

any ex parte communication made directly 

Or indirectly to an administrativelaw judge, 

or to any agent of an administrative law 

judge, by: ' 

(a) A party; 

(b) A party's representative or legal adviser; , , 

(c) Any other person who has a direct or 

indirect interest in the outcome of the proceeding; 

(d) Any' Other person with personal 

knowledge of the facts relevarit to the proceeding; or 

(e) Any officer, employee or agent of an 

agency. 

(5) The provisions of this section do not 

apply to: 

(a) Communications made to an administrative law judge by other administrative law 

judges; or 

(b) Communications made to an administrative law judge by any person employed by 

the office to assist the administrative law 

judge . [1999 c.849 §20; 2003 c.75 §18; 2009 c.866 §9] 

Titie 18 Page 277 (2009 Edition) 
183.690 EXECUTIVE BRANCH; ORGANIZATION 

i a: 

I, 

; |11: I 

i 

m 

183.690 Office of Administrative Hearings Oversight Committee. (1) The Office 

of Administrative Hearings Oversight Committee is created. The committee consists of 

nine members, as follows: 

(a) 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. 

(b) The Govemor shall appoint two members to the committee. At least one of the 

members appointed by the Govemor shall be 

an active member of the Oregori State Bar 

with experience in representirig parties who 

are not agencies in contested case hearings. 

(c) The Attomey General shall appoint 

two members to the committee. 

(d) The chief administrative law judge for 

the Office of Administrative Hearings shall 

serve as an ex officio member of the committee. The chief administrative law judge 

may cast a vote on a matter before the committee if the votes of the other members are 

equally divided on the matter. 

(2) The term of a legislative member of 

the committee shall be two years. If a persori 

appointed by the President of the Senate or 

by the Speaker of the House ceases to be a 

Senator or Representative during the person's term on the committee, the person may 

continue to serve as a member of the committee for the balance of the member's term 

on the committee. The term of all other appointed riienabers shall be four years. Appointed members of the committee may be 

reappointed. If a vacancy occurs in orie of 

the appointed positions for any reason during 

the term of membership, the official who appointed the member to the vacated position 

shall appoint a new member to serve the remainder of the term. An appointed member 

of the committee may be removed from the 

committee at any time by the official who 

appointed the member. 

, (3)(a) The members of the committee 

shall.select from among themselves a chair^ 

person and a vice chairperson. 

(b) The committee shall meet at such 

times and places as determined by the chairperson. 

(4) Legislative members shall be entitled 

to payment of per diem and expense reimbursement under ORS 171^072, payable 

from funds appropriated to the Legislative 

Assembly. 

(5) The committee shall: 

(a) Study the operations of the Office of 

Administrative Hearings; 

(b) Make any recommendations to the 

Governor and the Legislative Assembly that 

the committee deems necessary to increase 

the effectiveness, fairness and efficiency of 

the operations ofthe Office of Administrative 

Hearings; 

(c) Make any recommendations for additional legislation governing the operations of 

the Office of Administrative Hearings; and 

(d) Conduct such other studies as necessary to accomplish the purposes of this subsection. 

(6) The Employment Department shall 

provide the committee with staff, subject to 

availability of funding for that purpose. [1999 

c.849 §21; 2003 c.75 §19; 2005 c.22 §132; 2009 c.866 §3] 

PERMITS AND LICENSES 

183.700 Permits subject to ORS 

183.702. (1) As used in this section and ORS 

183.702, "permit" riieans 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 each applicant. 

(2) The requirements of this section arid 

ORS 183.702 apply to the followuig permits 

granted by: 

(a) The Department of Erivironmental 

Quality under ORS 448.415, 454.655, 454.695, 

454.790, 454.800, 459.205, 465.315, 465:325, 

466.140, 466.145; 466.706 to 466.882, 468A.040, 

468A.310, 468B.035, 468B.040, 468B.045, 

468B.050 and 468B.095. 

(b) The Departiherit of State Lemds under 

ORS 196:800 to 196.900 and 390.8()5 to 

390.925. 

(c) The Water Resources Department under ORS chapters 537 and 540, except those 

permits issued under ORS 537.747 to 537.765. 

' (d) The State Depeutment of Agriculture 

pm-suant to ORS 468B.200 to 468B.230 and 

622.250. 

(e) The State 

Wildlife pursuant 

497.228, 497.238, 

497.308, 498.019, 

508.760, 508.775, 

Department of Fish and 

to ORS 497.142, 497.218, 

497.248, 497:252, 497.298, 

498.279, 508.106, 508.300, 

508.801, 508.840, 508.880, 

508.926 and 509.140. 

(f) The Department of Transportation 

piirsuant to ORS 374.312. [Formerly 183.560] 

Note: 183.700 and 183.702 were enacted into law by 

the Legislative Assembly but were not added to or made 

a part of ORS chapter 183 or any series therein by legislative action. See Preface to Oregon Revised Statutes 

for further explanation. 

Title 18 Page 278 (2009 Edition) 
ADMINISTRATIVE PROCEDURES ACT 183.710 

183.702 Statement of criteria and procedures for evaluating.permit application; 

documentation of decision on application; 

required signatiu-e. (1) 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. 

(2) 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 citation to,the criteria applied by the agency and the manner in which 

agency" standards were utilized in applying 

the criteria. The documentation required under this section shall be made part of the 

record for the decision on the permit application. : 

(3) At: least one officer or employee of the 

issuing agency who has authority to sign orders on behalf of the agency, or the officer 

or employee responsible for the decisiori to 

deny a permit specified in ORS 183.700, shall 

sign the documentation required under subsection (2) of this section. ' 

(4) The issuing agency shall provide, to 

the applicant a copy of the documentation 

required under subsection (2) of this section. 

[Formerly 183.562] 

Note : See note under 183.700. 

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

(1) Notwithstanding any other provision of 

law, an agency that issues licenses that must 

be renewed on an annual basis under the 

laws adininistered by the agency also may 

offer those licenses with terms of two, three j 

four or five years. Notwithstanding ariy 

other provision of law, an agency that issues 

licenses that must be renewed on a biennial 

basis under the laws admiriistered by the 

agency also may offer those licenses vvith 

terms of three, four or five years! Extended 

terms riiay be offered only for renewed licenses and may not be offered for initial applications for licehses. 

(2) An agency may offer an extended 

term under this section for a license issued 

by the agency only after aidopting a rule authorizing the extended term. An agericy rady 

adopt a rule authorizirig an exterided term 

only if the agency finds that the extended 

term is cohsistent with public safety and 

with the objectives of the licensing requirement. An agency by rule may prohibit extended terms based on prior license 

discipline of an applicant. 

(3) An applicant must meet all qualifications established by the agency to be granted 

an extended term. 

(4) An agency may not offer an extended 

term under this section if: 

(a)' Another agency or a local government, as defined by ORS 174.116, is authorized by statute to make a recommendation 

on the issuance of the license; 

(b) The agency or the local government, 

as defined by ORS 174.116, that has authority 

to make a recoriimendation on the issuance 

of the license has recommended against the 

issuance of the license; and 

(c) The recommendation of the agency or 

the local government, as defined by ORS 

174.116, is based on licensing criteria established by statute or by rule. 

(5) An extended term granted under this 

section may be revoked by an agency if the 

agency determines that the licensee is subject to discipline under the licensing criteria 

applicable to the licensee. An agency offering 

extended terms under this section by rule 

may establish other grounds for revoking an 

extended term under this section. , 

(6) Notwithstanding any other provision 

qf law, an agency that offers an extended 

term under this section for a license issued 

by the agency shall increase the annual, or 

biennial license fee established by statute by 

a percehtage no greater than necessary to 

ensure that there is no revenue loss by reason of the extended term: 

(7) Notwithstanding any other provision 

of law, an agency that offers an extended 

term under this section for a license issued 

by the.agency shall increase any annual or 

biennial continuing education riequirement 

established by statute as necessary to ensure 

that there is no ireduction in the continuing 

education requiretiient for licensees by reason of the extended term: [2005 c.76 §2; 2007 c.768 

§1] ' • ; 

LEGISLATIVE REVIEW OF RULES 

183.710 Definitions for ORS 183.710 to 

183.725...As used,in ORS 183.710 to 183.725, 

uriless the context requires otherwise: 

; ; (1) "Iriterim. committee" means a committee of the Legislative; Assembly that is 

scheduled to meet when the Legislative Asseiribly. 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-riiatter jurisdiction list developed under ORS 183.724. 

(2) "Rule" has the meaning given that 

term in ORS 183.310. 

. (3) "State; agency" means an agency as 

define d i n OR S 183.310 . [Formerly 171.705; 2009 

C.81 §1] "•'••'''..-. • . 

Note : 183.710 to 183.725 were enacted into law by 

the Legislative Assembly biit were not added to or made 

a part of ORS chapter 183 or any series therein by leg^ 

Title 18 Page 279 (2009 Edition) 
183.715 EXECUTIVE BRANCH; ORGANIZATION 

islative action. See Preface to Oregon Revised Statutes 

for further explanation. 

183.715 Submission of adopted rule to 

Legislative Counsel required; exception. 

(1) A state agency that adopts a rule shall 

submit a copy of the adopted rule to the 

Legislative Counsel within 10 days after the 

agency files a certified copy of the rule in 

the office of the Secretary of State as provided Ul ORS 183.355 (1). The copy of an 

amended rule that is submitted to the Legislative Counsel must show all changes to the 

rule by striking through material to be deleted and underlining all new material, or by 

any other method that clearly shows all new 

and deleted material. 

(2) Notwithstanding subsection (1) of this 

sectioh, an agency adopting a rule incorporating published standards or a specialty 

code by reference is not required to file a 

copy of those standards with the Legislative 

Counsel if: 

(a) The staridards or a specialty code 

adopted are unusually voluininous and costly 

to reproduce; and 

(b) The rule filed with the Legislative 

Counsel identifies the location of the standards or a specialty code so incorporated and 

makes them available to the Legislative 

Counsel on the "request of the Legislative 

Counsel. [Formerly 171.707; 1991 c.94 §1; 1999 c.167 

§1; 2005 c.18 §2] 

Note: See note under 183;710. 

183.720 Procedure for review of agency 

rule; reports on rules claimed to be 

duplicative or conflicting. (1) 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. 

(2) The Legislative Clounsel may review 

an adopted rule of a state agency upon the 

written request of any person affected by the 

mle. The Legislative Counsel shall review a 

proposed or adopted rule of a state agency 

upon the v/ritten request of ariy merilber of 

the Legislative Assembly. The written request for review must identify the specific 

objection or problem with the rule. 

(3) When reviewing a rule of a state 

agency pursuant to subsection (1) or (2) of 

this section, the Legislative Counsel shall: 

(a) Determine whether the rule appears 

to be within the intent and scope of the enabling legislation purporting to authorize its 

adoptiori; and 

(b) Determine whether the rule raises 

any constitutional issue other than described 

in paragraph (a) of this subsection, and if so, 

the nature of the issue. 

(4) In making a determination under subsection (3)(a) of this section, the Legislative 

Counsel shall, wherever possible, follow generally accepted principles of statutory construction. 

(5) The Legislative Counsel shall prepare 

written findings on a rule reviewed, setting 

forth the determinations made under subsection (3) of this section. 

(6) When a review of a rule is made by 

the Legislative Counsel, the Legislative 

Counsel shall send a copy of the determinations made under subsection (3) of this 

section to the appropriate interim committee 

or, if the review was requested by a member 

of the Legislative Assembly or by a person 

affected by the rule, to the person requesting 

the review. If the Legislative Counsel determines that a rule is not within the intent 

and scope of the enabling legislation purporting to authorize the state agency's adoption of the rule, or that the rule raises a 

constitutional issue, the Legislative Counsel 

shall also send a copy of the determination 

to the agency. The Legislative Counsel may 

request that the state agency respond in 

writing to the determinations or appear at 

the meeting of the interim committee at 

which tbe committee will consider the determinations. The interim committee may direct 

the Legislative Counsel to send a copy of the 

determinations to the presiding officer of a 

house of the Legislative Assembly, who may 

refer the determiriations to any legislative 

committee concerned. 

(7)(a) A member of the Legislative Assembly may request that Legislative Counsel 

prepare a report on a rule adopted by a state 

agency that the member asserts is 

duplicative of or conflicts with another rule. 

A person affected by a rule adopted by a 

state agency may, request that Legislative 

Counsel prepare a report on the rule if the 

person asserts th^t the rule is duplicative of 

or conflicts with another ,rule. A, request for 

a report must be in- writing, and contain 

copies of the two rules that are, claimed to 

be duplicative or conflicting. The second rule 

may be either a rule adopted by a state 

agency or a rule or regulation adopted by a 

federal agency. 

(b)(A) Upon receipt of a written request 

by a member of the Legislative Assembly,, the 

Legislative Counsel shall prepare a report to 

the interim committee that contains: 

(i) A copy ofthe request, including copies 

of the two rules that the member asserts are 

conflicting or duplicative; and 

(ii) Legislative Counsel's analysis of the 

requirements of the two rules. 

(B) Upon receipt of a written request by 

a person affected by a rule adopted by a state 

agency, the Legislative Counsel may prepare 

a written report to the person and each state 

Titie 18 Page 280 (2009 Edition) 
« ^ 

ADMINISTRATIVE PROCEDURES ACT 183.724 

agency concerned that contains the Legislative (Counsel's analysis of the requirements 

of the two rules. 

(8) Upon receipt of a report under subsection (7)(b)(A) of this section, the interim 

committee may issue a determination that a 

rule is duplicative of or conflicts with the 

other cited rule. 

(9) When a report on a rule is made by 

the Legislative (Counsel under subsection 

(7)(b)(A) of this section, the Legislative 

Counsel shall send a copy of the report and 

any determinations made under subsection 

(8) of this section to each state agency concerned. The interim committee may direct 

the Legislative Counsel to send a copy of the 

determinations to the presiding officer of a 

house of the Legislative Assembly, who may 

refer the determinations to any legislative 

committe e concerned. [Formerly 171.709; 1993 c.729 

§7; 1997 c.602 §4; 2001 c.156 §1; 2009 c.81 §4] 

Note: See note under 183.710. 

183.722 Required agency response to 

Legislative Counsel determination; consideration of determination by interim 

committee. (l)(a) If the Legislative Counsel 

determines xmder 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 constitutiorial, and the 

Legislative Counsel has provided a copy of 

that determination to the state agency pursuant to 183.720 (6), the agency shall either 

make, a written response to the determination or appear at the meeting of the interim committee at which the committee will 

consider the determinations! The response of 

the state agency shall indicate if the agency 

intends to repeal, amend or take other action 

with respect to the rule. 

(b) The iriterim committee shall consider 

the Legislative Counsel determination described in paragraph (a) of this subsection 

and any state agency response to the determinatiori. If the interim committee adopts 

the Legislative Counsel determination, the 

Legislative Counsel shall post the determination on the Legislative Counsel website. 

Adopted determinations that are posted on 

the website shall be organized by OAR nuiriber and shall remain on the website until the 

earlier of the date that: 

(A) The rule is modified and the Legislative Clounsel determines that the modified 

rule is within the intent and scope of the 

enabling legislation;: l. •' .•' 

(B) A court makes .a final determination 

that the rule is „within the intent and scope 

of the enabling legislation and is otherwise 

constitutional, all appeals of the court's determination are e^diausted and the state 

agency notifies the Legislative Counsel of 

the determination; or 

(C) The Legislative Assembly modifies 

the enabling legislation so as to bring the 

rule within the intent and scope of the enabling legislation, any other constitutional 

defect in the rule is cured and the state 

agency notifies the Legislative Counsel of 

the modification or cure. 

(2) 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 interim 

committee is not satisfied with the response 

to those issues made by the state agency, the 

committee may request that one or more 

representatives of the agency appear at a 

subsequent meeting of. the committee along 

with a representative of the Oregon Department of Administrative Services for the purpose of further explaining the position of the 

agency. 

(3) If a state agency is requested under 

subsection (2) of this section to appear at a 

subsequent meeting of the interim committee 

along with a representative of the Oregon 

Department of Administrative Services, the 

agency shall promptly notify the department 

of the request. The notification to the department'^ must be in writing, and must include a copy of the determinations made by 

the Legislative Counsel and a copy of any 

written response made by the state agency 

to the deterriiinatioris. [1997 c.602 §7; 1999 c.3l §2; 

2009 c.81 §5] 

Note: See note under 183.710. 

183.724 Designation of interim committees for purposes of considering rule 

reports. (1) As soon as is practicable after 

the erid of each regular legislative session, 

the, Legislative Counsel shall develop a list 

of state agencies vvith areas of responsibility 

that ai-e primarily within the subject-matter 

jurisdiction of interim , committees of the 

Legislative Assembly., Tbe Legislative Counsel shall, assign all state agencies to at least 

one interim committee. The Legislative 

Counsel may modify the list to ^reflect 

changes in interim committees. The Legislative Counsel shall distribute the list to all 

state agencies whenever the list is developed 

or modified. 

(2) If an interim committee of one house 

of the Legislative Assembly has overlapping 

subject-matter jurisdiction with an interim 

committee ofthe other house, the Legislative 

Counsel may assign a state agency to either 

committee or to both committees. The Legislative Counsel shall strive to-assign state 

agencies so as to ensure that the rule review 

workload is approximately equally distribTitie 18 Page 281 (2009 Edition) 
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183.725 EXECUTIVE BRANCH; ORGANIZATION 

uted between the interim committees of both 

houses of the Legislative Assembly. 

(3) The consideration of the written findings prepared by the Legislative Counsel on 

a rule by any one interim committee of either house of the Legislative Assembly satisfies the requirements of ORS 183.710 to 

183.725. [2009 c.81 §3] 

Note: See note under 183.710. 

183.725 Other authorized rule review 

by Legislative Counsel Committee. The 

Legislative Counsel Committee, at any time, 

may review any proposed or adopted rule of 

a state agency, and may report its recommendations in respect to the rule to the 

agency. [Formerly 171.713; 1993 c.729 §8; 1997 c.602 

§5; 1999 c.31 §1; 2009 c.81 §6] 

Note: See note under 183.710. 

CIVIL PENALTIES 

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

recording; enforcement. (1) Except as otherwise provided by law, an agency may only 

impose a civil penalty as provided in this 

section. 

(2) A civil penalty imposed under this 

section shall become due arid 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 notice 

in the form provided iri ORS 183.415. Service 

of the notice shall be a.ccomplished in the 

manner provided by ORS 183.415, 

(3) The person to whom the notice is addressed shall have 20 days from the date of 

service of the notice provided for in subsectiOri (2) of' this section in which to inake 

written appilication for a hearing. The agericy 

may by rule provide for a longer period of 

time in which application for a hearirig; may 

be made. If no applicatiori for a hearing is 

made within the time allowed, the agency 

may riiake a final order imposing the penalty. 

A final order eritered under this subsection 

need not hie delivered or mailed to the persori 

against whom the civil perialty is imposed. • 

(4) Any person who makes application as 

provided for in subsectiori, (3>^of this sectiori 

shall be entitled to a hearing. The hearing 

shall be conducted as a contested case hearing pursuant to the applicable provisions of 

ORS 183.413 to 183.470. 

(5) Judicial review of an order made after 

a hearing under subsection (4) of this section 

shall be as • provided in ORS 183.480 to 

183.497 for judicial review of contested cases. 

. (6) When an order assessing a civil penalty under this section becomes final by operation of law or on appeal, and the amount 

of penalty is not paid within 10 days after 

the order becomes final, the order may be 

recorded with the county clerk in any county 

of this state. The clerk shall thereupon record the name of the person incurring the 

penalty and the amount of the penalty in the 

County Clerk Lien Record. 

(7) This section does not apply to penalties: -

(a) Imposed under the tax laws of this 

state; 

(b) Imposed under the provisions of ORS 

646.760 or 652.332; 

(c) Imposed under the provisions of ORS 

chapter 654, 656 or 659A; or 

(d) Imposed by the Public Utility Commission. 

(8) This section creates no new authority 

in any agency to impose civil penalties. 

(9) This section does not affect: 

(a) Any right under any other law that 

an agency may have to bring an action in a 

court of this state to recover a civil perialty; 

or 

(b) The ability of an agency to collect a 

properly imposed civil penalty urider the 

provisions of ORS 305.830. 

(10) The notice provided for in subsectioh 

(2) of this section may be made part of any 

other notice served by the agency under ORS 

183.415. 

(11) Inforriial disposition of proceedings 

under this section, whether by stipulation, 

agreed settlement, consent order or default, 

may be made at any time. 

(12) In addition to any other remedy provided by law, recording an order in the 

Couhty Clerk Lien Record pursuant to the 

provisions of this section has the effect provided for in ORS 205.125 arid 205.126, and the 

order may be enforced as provided in ORS 

205.125 and 205.126. 

(13) As used, in this section: . 

(a) "Agency" has that meaning given in 

ORS 183.310. ; , 

(b) "Civil perialty" includes only those 

monetary penalties that are specifically denominated as civil • penalties by statute. 

[Formerly 183.090] , •; 

Note: 183.745 was enacted into law by the Legislative Assembly but was not added to or made a part of 

ORS chapter 183 or any series therein fiy legislative 

action. See Preface' to Oregon Revised Statutes for further explanation. 

READABILITY OF PUBLIC WRITINGS 

183.750 State agency required to prepare public writings in readable form. (1) 

Every state agency shall prepare its public 

writings in language that is as. clear and 

simple as possible: ^ , 

Titie. 18 Page 282 (2009 Edition) 
ADMINISTRATIVE PROCEDURES ACT 183.750 

(2) As used in this section: institution in the executive or administrative 

r \ ur, UT -i.- » 1 branch of state government. [Formerly 183.025] 

(a) Public writing means any mle, ^, . ^onnizn 4. J • 4. i u ^i J • i 

P •,. ,. ° Tij i Note: 183.750 was enacted mto law by the Legislatorm, licens e or notic e prepare d by a stat e tive Assembly but was not added to or made a part of 

agency ORS chapter 183 or any series therein by legislative 

action. See Preface to Oregon Revised Statutes for fur-

(b) "State agency" means any officer, *er explanation. 

board, commission, department, division or 

Titie, 18 Page 283 (2009 Edition)