justicedao/ipfs_state_laws huggingface dataset:
137-001-0005 Definitions For the purposes of OAR 137-001-0005 to 137-005-0070, unless otherwise defined therein, the words and phrases used in these rules have the same meaning as given to them in ORS 183.310 and: (1) “Consensus” means a decision developed by a collaborative DR process that each participant can accept; (2) “Convenor” means a person who aids in identifying appropriate issues and members for a collaborative rulemaking committee to develop a proposed rule, or who aids in identifying issues and participants for a collaborative dispute resolution process; (3) “Collaborative dispute resolution process” or “collaborative DR process” means any process by which a collaborative dispute resolution provider assists the participants in working together to develop a mutually acceptable resolution to a controversy. A collaborative DR process does not include: (a) Contested case hearings; or (b) Meetings, outside of a collaborative rulemaking process, in which a facilitator is used solely to lead an orderly meeting, manage an agenda or assist the group in accomplishing tasks and the facilitator is not attempting to resolve a controversy by developing consensus among the participants. (4) “Collaborative dispute resolution provider” or “collaborative DR provider” means an individual who assists the participants in a dispute resolution process to work together to develop a mutually acceptable resolution to a controversy. The collaborative DR provider may function as a mediator, facilitator, convenor, neutral fact-finder or other neutral. Arbitrators, investigators, customer service representatives and ombudspersons are not considered collaborative dispute resolution providers. (5) “Disputants” means agencies, persons or entities, or their representatives, who have a direct interest in a controversy and does not include a collaborative DR provider or person involved only as a witness. (6) “Mediation” means a process in which a collaborative DR provider assists two or more disputants in reaching a mutually acceptable resolution of the controversy. Mediation may also include facilitation or other processes in which a facilitator or other collaborative DR provider encourages and fosters discussions and negotiations aimed at reaching consensus among process participants. (7) “Neutral fact-finder” means a third party who assists with the resolution of a controversy by conducting an investigation of critical facts and rendering non-binding, advisory findings. (8) “Participants” means agencies, persons or entities involved in a dispute resolution proceeding, other than a collaborative DR provider or witness. (9) “Agreement to collaborate” means the agreement specified in OAR 137-005-0030. Statutory/Other Authority: ORS 183.341 & 183.502 Statutes/Other Implemented: ORS 183.502 History: DOJ 10-1999, f. 12-23-99, cert. ef. 1-1-00 JD 3-1997, f. 9-4-97, cert. ef. 9-15-97 JD 1-1997, f. 3-28-97, cert. ef. 4-1-97 JD 2-1986, f. & ef. 1-27-86 1AG 1-1981, f. & ef. 11-17-81
137-001-0007 Public Input Prior to Rulemaking (1) The agency may seek public input before giving notice of intent to adopt, amend, or repeal a rule. Depending upon the type of rulemaking anticipated, the agency may appoint an advisory committee, solicit the views of persons on the agency's mailing list maintained pursuant to ORS 183.335(8), or use any other means to obtain public views to assist the agency. (2) If the agency appoints an advisory committee, the agency shall make a good faith effort to ensure that the committee's members represent the interests of persons likely to be affected by the rule. The meetings of the advisory committee shall be open to the public. An agency that appoints an advisory committee must invite to participate as a nonvoting member of the committee: (a) For rules implementing legislation sponsored by a member of the Legislative Assembly, the first chief sponsor of the legislation, or another sponsor of the legislation as designated by the first chief sponsor. (b) For rules implementing legislation sponsored by a committee of the Legislative Assembly, the chair of the committee that sponsored the legislation at the time the legislation was introduced, or another member of the committee as designated by the chair. (3) If the advisory committee indicates that the rule will have a significant adverse impact on small businesses, the agency will seek the advisory committee’s recommendations on compliance with ORS 183.540. (4) The agency will consider recommendations from the advisory committee in preparing the statement of fiscal impact required by ORS 183.335(2)(b)(E). Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341 & 183.333 History: DOJ 7-2025, amend filed 11/19/2025, effective 01/01/2026 DOJ 10-2005, f. 10-31-05, cert. ef. 1-1-06 DOJ 10-1999, f. 12-23-99, cert. ef. 1-1-00 JD 3-1997, f. 9-4-97, cert. ef. 9-15-97 JD 6-1995, f. 8-25-95, cert. ef. 9-9-95 JD 6-1993, f. 11-1-93, cert. ef. 11-4-93
137-001-0011 Permanent Rulemaking Notice (1) The agency will give notice of proposed permanent rulemaking to those listed in the rule adopted under ORS 183.341(4) and to legislators specified by 183.335(15) by mailing, electronic mailing, or personally delivering a copy of the rule or rules as proposed and a copy of the notice required under 183.335(2). In lieu of providing a copy of the rule or rules as proposed, the agency may describe the subject matter of the rule or rules and state how and where a copy may be obtained on paper, via electronic mail, or from a specified web site. If the agency posts the rule or rules on a web site, the agency must provide a web address or link sufficient to enable a person to find the rules easily. Failure to provide a web address or link shall not affect the validity of any rule. (2) Persons who have asked the agency to send notices of proposed rulemaking to them pursuant to ORS 183.335(8) may choose to receive copies of the proposed rule or rules and notice required under 183.335(2) by mail. (3) If the agency offers it, persons who have asked the agency to send notices of proposed rulemaking to them pursuant to ORS 183.335(8) may choose to receive: (a) An abbreviated form of mailed notice containing the caption, summary, and information about how to comment, required by ORS 183.335(2)(a), accompanied by a reference to a web site where copies of the proposed rule or rules and other information required by 183.335(2) are posted or (b) Notice by electronic mail that either contains the proposed rule or rules and the notice required under ORS 183.335(2) as attachments or provides a reference to a web site where the notice and the rule(s) are posted. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.335 & 183.341 History: DOJ 10-2007, f. 10-15-07 cert. ef. 1-1-08 DOJ 10-2005, f. 10-31-05, cert. ef. 1-1-06 JD 3-1997, f. 9-4-97, cert. ef. 9-15-97 JD 6-1993, f. 11-1-93, cert. ef. 11-4-93 JD 7-1991, f. & cert. ef. 11-4-91 JD 5-1989, f. 10-6-89, cert. ef. 10-15-89 JD 1-1988, f. & cert. ef. 3-3-88
137-001-0018 Limitation of Economic Effect on Small Businesses (1) Before the adoption of a permanent rule, the agency will determine whether the economic effect upon small business is significantly adverse, based upon: (a) The economic effect analysis under ORS 183.335(2)(b)(E); (b) The statement of cost of compliance effect on small businesses described in ORS 183.336; (c) Recommendations from any advisory committee appointed under ORS 183.333(1) or from any fiscal impact advisory committee, if any, appointed under ORS 183.333(5); and (d) Comments made in response to its rulemaking notice. (2) If the agency determines there is a significant adverse effect on a small business or small businesses, it shall modify the rule to reduce the rule's adverse economic impact on those businesses to the extent consistent with the public health and safety purposes of the rule, as provided in ORS 183.540. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341 & 183.540 History: DOJ 10-2007, f. 10-15-07 cert. ef. 1-1-08 DOJ 10-2005, f. 10-31-05, cert. ef. 1-1-06 JD 2-1986, f. & ef. 1-27-86 1AG 1-1981, f. & ef. 11-17-81
137-001-0030 Conduct of Rulemaking Hearings (1) The hearing to consider a rule shall be conducted by and shall be under the control of the presiding officer. The presiding officer may be the chief administrative officer of the agency, a member of its governing body, or any other person designated by the agency. (2) At the beginning of the hearing, any person wishing to be heard shall provide their name, address, and affiliation to the presiding officer. The presiding officer may also require that the person complete a form showing any other information the presiding officer deems appropriate. Additional persons may be heard at the discretion of the presiding officer. (3) At the beginning of the hearing, the presiding officer must summarize, to the extent requested by any participant, the content of the notice given under ORS 183.335. (4) Subject to the discretion of the presiding officer, the order of the presentation shall be: (a) Statements of proponents; (b) Statements of opponents; and (c) Statements of other witnesses present and wishing to be heard. (5) The presiding officer or any member of the agency may question any witness making a statement at the hearing. The presiding officer may permit other persons to question witnesses. (6) There shall be no additional statement given by any witness unless requested or permitted by the presiding officer. (7) The hearing may be continued with recesses as determined by the presiding officer until all listed witnesses have had an opportunity to testify. (8) The presiding officer shall, when practicable, receive all physical and documentary evidence presented by witnesses. Exhibits shall be marked and shall identify the witness offering the exhibit. Any written exhibits shall be preserved by the agency pursuant to any applicable retention schedule for public records under ORS 192.001 et seq. (9) The presiding officer may set reasonable time limits for oral presentation and may exclude or limit cumulative, repetitious, or immaterial matter. (10) The presiding officer shall make a record of the proceeding, by audio or video tape recording, stenographic reporting or minutes. Statutory/Other Authority: ORS 183.341 & 183.390 Statutes/Other Implemented: ORS 183.335(3) & 183.341 History: DOJ 10-2007, f. 10-15-07 cert. ef. 1-1-08 DOJ 10-2005, f. 10-31-05, cert. ef. 1-1-06 JD 7-1991, f. & cert. ef. 11-4-91 JD 5-1989, f. 10-6-89, cert. ef. 10-15-89 JD 1-1988, f. & cert. ef. 3-3-88 JD 2-1986, f. & ef. 1-27-86 1AG 1-1981, f. & ef. 11-17-81 1AG 4-1979, f. & ef. 12-3-79 1AG 14, f. & ef. 10-22-75
137-001-0040 Rulemaking Record (1) The agency shall maintain a record of any data or views it receives in response to a notice of intent to adopt, amend, or repeal a rule. (2) If a hearing is held, the agency may require the presiding officer, within a reasonable time after the hearing, to provide the agency a written summary of statements given and exhibits received and a report of the officer's observations of physical experiments, demonstrations, or exhibits. The presiding officer may make recommendations but such recommendations are not binding upon the agency. (3) The rulemaking record shall be maintained by the rules coordinator. The agency shall make the rulemaking record available to members of the public upon request. (4) The rulemaking record will include: (a) The presiding officer’s summary of or a recording of oral submissions received at the hearing, and the presiding officer’s recommendation, if any; (b) Any written comments received in response to the notice of rulemaking; (c) The recommendations of an advisory committee or fiscal impact advisory committee, if any, appointed under ORS 183.333; (d) The agency’s statements of the objective of the rule, including how the agency will evaluate whether the rule accomplishes the objective, when required by ORS 183.335(3)(d); (e) Any public comment received in response to the request for comments made pursuant to ORS 183.335(2)(b)(G); (f) The notice of the agency’s intended action, required by ORS 183.335(1) and (2); and (g) A copy of the filing with the Secretary of State, required by ORS 183.355(1) or (3). Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.335(3), 183.341 & 183.355 History: DOJ 10-2005, f. 10-31-05, cert. ef. 1-1-06 JD 7-1995, f. 8-25-95, cert. ef. 1-1-96 JD 6-1993, f. 11-1-93, cert. ef. 11-4-93 JD 2-1986, f. & ef. 1-27-86 1AG 1-1981, f. & ef. 11-17-81 1AG 14, f. & ef. 10-22-75
137-001-0050 Agency Rulemaking Action At the conclusion of the hearing, or after receipt of the presiding officer’s requested report and recommendation, if any, the agency may adopt, amend, or repeal rules covered by the notice of intended action. The agency shall fully consider all written and oral submissions. Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 183.335(3) History: JD 2-1986, f. & ef. 1-27-86 1AG 1-1981, f. & ef. 11-17-81 1AG 14, f. & ef. 10-22-75
137-001-0060 Secretary of State Rule Filing (1) The agency shall file in the office of the Secretary of State a certified copy of each adopted or amended rule and each order repealing an agency rule. (2) The rule or order shall be effective upon filing with the Secretary of State unless a different effective date is required by statute or specified in the rule or order. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341 & 183.355 History: DOJ 10-2005, f. 10-31-05, cert. ef. 1-1-06 JD 3-1997, f. 9-4-97, cert. ef. 9-15-97 JD 5-1989, f. 10-6-89, cert. ef. 10-15-89 JD 2-1986, f. & ef. 1-27-86 1AG 4-1979, f. & ef. 12-3-79 1AG 17, f. & ef. 11-25-77 1AG 14, f. & ef. 10-22-75
137-001-0070 Petition to Promulgate, Amend, or Repeal Rule OAR 137-001-0070 was adopted by the Attorney General as required by ORS 183.390. Agencies must apply this rule without further adoption or amendment. (1) An interested person may petition an agency to adopt, amend, or repeal a rule. The petition shall state the name and address of the petitioner and any other person known to the petitioner to be interested in the rule. The petition shall be legible, signed by or on behalf of the petitioner, and shall contain a detailed statement of: (a) The rule petitioner requests the agency to adopt, amend, or repeal. When a new rule is proposed, the petition shall set forth the proposed language in full. When an amendment of an existing rule is proposed, the rule shall be set forth in the petition in full with matter proposed to be deleted and proposed additions shown by a method that clearly indicates proposed deletions and additions; (b) Facts or arguments in sufficient detail to show the reasons for and effects of adoption, amendment, or repeal of the rule; (c) All propositions of law to be asserted by petitioner. (2) If the petitioner requests the amendment or repeal of an existing rule, the petition must also contain comments on: (a) Options for achieving the existing rule's substantive goals while reducing the negative economic impact on businesses; (b) The continued need for the existing rule; (c) The complexity of the existing rule; (d) The extent to which the existing rule overlaps, duplicates, or conflicts with other state or federal rules and with local government regulations; and (e) The degree to which technology, economic conditions, or other factors have changed in the subject area affected by the existing rule, since the agency adopted the rule. (3) If a petition requests the amendment or repeal of a rule, before denying a petition, the agency must invite public comment upon the rule, including whether options exist for achieving the rule's substantive goals in a way that reduces the negative economic impact on businesses. (4) The agency: (a) May provide a copy of the petition, together with a copy of the applicable rules of practice, to all persons named in the petition; (b) May schedule oral presentations; (c) Shall, in writing, within 90 days after receipt of the petition, either deny the petition or initiate rulemaking proceedings. Statutory/Other Authority: ORS 183.390 Statutes/Other Implemented: ORS 183.390 History: DOJ 10-2005, f. 10-31-05, cert. ef. 1-1-06 DOJ 13-2003, f. & cert. ef. 12-9-03 DOJ 12-2003(Temp), f. & cert. ef. 10-10-03 thru 4-7-04 JD 6-1995, f. 8-25-95, cert. ef. 9-9-95 JD 7-1991, f. & cert. ef. 11-4-91 JD 5-1989, f. 10-6-89, cert. ef. 10-15-89 JD 2-1986, f. & ef. 1-27-86 JD 6-1983, f. 9-23-83, ef. 9-26-83 1AG 1-1981, f. & ef. 11-17-81 1AG 14, f. & ef. 10-22-75
137-001-0080 Temporary Rulemaking Requirements (1) If no notice has been provided before adoption of a temporary rule, the agency shall give notice of its temporary rulemaking to persons, entities, and media specified under ORS 183.335(1) by mailing, electronic mailing, or personally delivering to each of them a copy of the rule or rules as adopted and a copy of the statements required under 183.335(5). The agency may provide a summary of the rule or rules and state how and where a copy of the rule or rules may be obtained on paper, via electronic mail or from a specified web site. If the agency posts the rule or rules on a web site, the agency must provide a web address or link sufficient to enable a person to find the rules easily. Failure to give this notice shall not affect the validity of any rule. (2) Persons who have asked the agency to mail notices of proposed rulemaking to them pursuant to ORS 183.335(8) may choose to receive notice by mail, and not electronically. (3) The agency shall file with the Secretary of State a certified copy of the temporary rule and a copy of the statement required by ORS 183.335(5). (4) A temporary rule is effective for 180 days, unless a shorter period is specified in the temporary rule or the certificate of filing for the temporary rule. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.335(5), 183.341 & 183.355 History: DOJ 10-2007, f. 10-15-07 cert. ef. 1-1-08 DOJ 10-2005, f. 10-31-05, cert. ef. 1-1-06 JD 7-1995, f. 8-25-95, cert. ef. 1-1-96 JD 6-1993, f. 11-1-93, cert. ef. 11-4-93 JD 7-1991, f. & cert. ef. 11-4-91 JD 5-1989, f. 10-6-89, cert. ef. 10-15-89 JD 2-1986, f. & ef. 1-27-86 JD 6-1983, f. 9-23-83, ef. 9-26-83 1AG 1-1981, f. & ef. 11-17-81 1AG 4-1979, f. & ef. 12-3-79 1AG 17, f. & ef. 11-25-77 1AG 14, f. & ef. 10-22-75
137-001-0087 Objections to Statements of Fiscal Impact (1) An objection to a fiscal impact statement must be filed in writing and must: (a) Identify the fiscal impact statement to which objection is made; (b) Identify the persons likely to be affected by the proposed rule on whose behalf the objection is filed or, if filed by an association, assert the number of members of the association who are likely to be affected by the proposed rule; (c) Explain how the persons identified are likely to be affected by the proposed rule; (d) Explain the objection or objections to the fiscal impact statement; and (e) Be sent to the mailing address or electronic mail address identified in the notice of proposed rulemaking for the submission of written comments. (2) An objection to a fiscal impact statement is deemed made for purposes of ORS 183.333(5) when received by the agency. (3) If the agency appoints a fiscal impact advisory committee, the agency shall make a good faith effort to ensure that the committee’s members represent the interests of persons likely to be affected by the rule. The meetings of the fiscal impact advisory committee shall be open to the public. (4) If the agency determines that the original fiscal impact statement does not adequately reflect the proposed rule’s fiscal impact, the agency will file an amended fiscal impact statement, extend the comment period as required by ORS 183.333(5), and give notice of the extended comment period to: (a) The persons or organizations that have filed objections under section one of this rule; (b) The persons specified in the agency’s notice rule adopted in accordance with ORS 183.335(1)(a); (c) The persons on the agency’s mailing list maintained in accordance with ORS 183.335(8); and (d) Legislators specified in ORS 183.335(15). Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.333(5) & 183.335(12) History: DOJ 10-2005, f. 10-31-05, cert. ef. 1-1-06
137-001-0095 Statement of the Objective of Proposed Rules (1) A request for a statement of the agency’s objective in proposing a rule must be submitted in writing and must identify the persons on whose behalf the request is made. (2) Within ten days of receiving a request or requests for a statement of objective from at least five persons, the agency shall provide the statement, in writing, to the person or persons who submitted written requests. Failure to meet this deadline shall not affect the validity of any rule. (3) The agency’s written statement of the objective of the rule must include an explanation of how the agency will determine whether the rule accomplishes its objective. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.335(3) History: DOJ 10-2005, f. 10-31-05, cert. ef. 1-1-06
137-001-0100 Review of New Rules (1) When conducting a review of a new rule as required by ORS 183.405 the agency may appoint an advisory committee to assist with the review, invite public comment upon the rule, or both. (2) Notwithstanding ORS 183.405(4) & (5), the agency may review any amended rule under the criteria set forth in ORS 183.405(1). (3) As part of the review under ORS 183.405(1), the agency may invite public comment upon the rules and give notice of the review to those parties identified in ORS 183.335(1)(a), (c), and (d). The notice will: (a) Identify the rule or rules under review, describe the subject matter of the rule or rules under review, and invite comments on any or all of the factors identified in ORS 183.405(1); (b) State the date by which written comments must be received by the agency and the mailing address or electronic mail address to which the comments should be sent; and (c) Include the time and place of the hearing, if the agency provides a public hearing to receive oral comments. Statutory/Other Authority: ORS 183.341 & 183.502 Statutes/Other Implemented: ORS 183.333, 183.341, 183.502 & 183.405 History: DOJ 10-2007, f. 10-15-07 cert. ef. 1-1-08 DOJ 10-2005, f. 10-31-05, cert. ef. 1-1-06
137-002-0010 Petition for Declaratory Ruling The petition to initiate proceedings for declaratory rulings shall contain: (1) The rule or statute that may apply to the person, property, or state of facts; (2) A detailed statement of the relevant facts; including sufficient facts to show petitioner’s interest; (3) All propositions of law or contentions asserted by petitioner; (4) The questions presented; (5) The specific relief requested; and (6) The name and address of petitioner and of any other person known by petitioner to be interested in the requested declaratory ruling. Statutory/Other Authority: ORS 183.410 Statutes/Other Implemented: ORS 183.410 History: JD 5-1989, f. 10-6-89, cert. ef. 10-15-89 JD 2-1986, f. & ef. 1-27-86 1AG 14, f. & ef. 10-22-75
137-002-0020 Service of Declaratory Ruling Petition (1) The petition shall be deemed filed when received by the agency. (2) Within 60 days after the petition is filed the agency shall notify the petitioner in writing whether it will issue a ruling. If the agency decides to issue a ruling, it shall serve all persons named in the petition by mailing: (a) A copy of the petition together with a copy of the agency’s rules of practice; and (b) Notice of any proceeding including the hearing at which the petition will be considered. (See OAR 137-002-0030 for contents of notice.) (3) Notwithstanding section (2) of this rule, the agency may decide at any time that it will not issue a declaratory ruling in any specific instance. The agency shall notify the petitioner in writing when the agency decides not to issue a declaratory ruling. Statutory/Other Authority: ORS 183.410 Statutes/Other Implemented: ORS 183.410 History: JD 5-1989, f. 10-6-89, cert. ef. 10-15-89 JD 2-1986, f. & ef. 1-27-86 1AG 1-1981, f. & ef. 11-17-81 1AG 17, f. & ef. 11-25-77 1AG 14, f. & ef. 10-22-75