reglab/housing_qa huggingface dataset:
OR Rev Stat § 183.315 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties|Section 183.315 - Application of provisions of chapter to certain agencies.

(1) The provisions of ORS 183.410, 183.415, 183.417, 183.425, 183.440, 183.450, 183.452, 183.458, 183.460, 183.470 and 183.480 do not apply to local government boundary commissions created pursuant to ORS 199.430, the Department of Revenue, State Accident Insurance Fund Corporation, Department of Consumer and Business Services with respect to its functions under ORS chapters 654 and 656, State Board of Parole and Post-Prison Supervision or Psychiatric Security Review Board with respect to its functions under ORS 161.315 to 161.351. (2) This chapter does not apply with respect to actions of the Governor authorized under ORS chapter 240 and ORS 396.125 or actions of the Adjutant General 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 adult in custody 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. Except as provided in ORS 774.180, judicial review of an order issued by the commission in a contested case may be sought only by a party to the contested case. (7) The provisions of this chapter do not apply to the suspension, cancellation 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.711 §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 §1; 2007 c.239 §8; 2007 c.288 §10; 2011 c.708 §24; 2017 c.312 §1; 2017 c.442 §23; 2019 c.213 §54]
OR Rev Stat § 183.325 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties|Section 183.325 - Delegation of rulemaking authority to named officer or employee.

Unless otherwise provided by law, an agency may delegate its rulemaking authority to an officer or employee within the agency. A delegation of authority under this section must be made in writing and filed with the Secretary of State before the filing of any rule adopted pursuant to the delegation. A delegation under this section may be made only to one or more named individuals. The delegation of authority shall reflect the name 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 requirements of this chapter. [1979 c.593 §10; 1993 c.729 §1]
OR Rev Stat § 183.330 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties|Section 183.330 - Description of organization; service of order; rules coordinator; order not final until put 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. (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; (b) Provide to the public, upon request, information pertaining to: (A) All rulemaking proceedings of the agency; (B) The status of the agency’s rules; and (C) All certificates and rules filed by the agency with the Secretary of State; and (c) Keep and make available the mailing list 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 c.759 §3; 1979 c.593 §8; 1993 c.729 §2; 2001 c.220 §3; 2017 c.518 §1]
OR Rev Stat § 183.332 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties|Section 183.332 - Policy statement; conformity of state rules with equivalent federal laws and rules.

It is the policy of this state that agencies shall seek to retain and promote the unique identity of Oregon by considering local conditions when an agency adopts policies and rules. However, since there are many federal laws and regulations that apply to activities that are also regulated by the state, it is also the policy of this state that agencies attempt 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 of the rule; (2) A federal waiver has been granted that authorizes the adoption of the rule; (3) Local or special conditions exist in this state that warrant a different rule; (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]
OR Rev Stat § 183.336 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties|Section 183.336 - Cost of compliance effect on small businesses.

(1) The statement of cost of compliance effect on small businesses required by ORS 183.335 (2)(b)(E) must include: (a) An estimate of the number of small businesses subject to the proposed rule and identification of the types of businesses and industries with small businesses subject to the proposed rule; (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 of the rule. (2) An agency shall utilize available information in complying with the requirements of this section. [2005 c.807 §2]
OR Rev Stat § 183.337 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties|Section 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 compliance with ORS 183.355. The agency is not required to conduct a public hearing concerning 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]
OR Rev Stat § 183.341 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties|Section 183.341 - Model rules of procedure; establishment; compilation; publication; agencies required to adopt procedural rules.

(1) The Attorney General shall prepare model rules of procedure appropriate for use by as many agencies as possible. Except as provided in ORS 183.630, any agency may adopt all or part of the model rules by reference without complying with the rulemaking procedures under ORS 183.335. Notice of such adoption shall be filed with the Secretary of State in the 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: (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, 1975, is valid unless adopted in substantial compliance with the rules adopted pursuant to subsection (4) of this section. [1975 c.759 §6 (enacted in lieu of 183.340); 1979 c.593 §12; 1997 c.837 §1; 1999 c.849 §§24,25; 2003 c.75 §28]
OR Rev Stat § 183.360 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties|Section 183.360 - Publication of rules and orders; exceptions; requirements; bulletin; judicial notice; citation.

(1) The Secretary of State shall compile, index and publish all rules adopted by each agency. The compilation shall be supplemented or revised as often as necessary. Such compilation supersedes any other rules. The Secretary of State may make such compilations of other material published in the bulletin as are desirable. The Secretary of State may copyright the compilations prepared under this subsection, and may establish policies for the revision, clarification, classification, arrangement, indexing, printing, binding, publication, sale and distribution of the compilations. (2) The Secretary of State has discretion to omit from the compilation, if published in print, rules the publication of which would be unduly cumbersome 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 of the omitted rule may be obtained. In preparing the compilation the Secretary of State may not alter the sense, meaning, effect or substance of any rule, but may renumber sections and parts of 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. (3) The Secretary of State shall publish at least at monthly intervals a bulletin that: (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 employee from whom information 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 Governor; and (d) Contains orders issued by the Director of the 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 and bulletin required by this section in print, or by placing the compilation and bulletin on the Internet. [1957 c.717 §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.168 §3; 2009 c.289 §2; 2017 c.518 §4]
OR Rev Stat § 183.365 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties|Section 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 information 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. (3) Pursuant to ORS 183.355, 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 information 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 information identified in subsection (1) of this section. (7) No action taken pursuant to this section shall be deemed to alter or relinquish any copyright or other proprietary interest or entitlement of the State of Oregon relative to any of the information made available pursuant to subsection (1) of this section. [1995 c.614 §5; 2017 c.518 §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 Revised Statutes for further explanation.
OR Rev Stat § 183.370 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties|Section 183.370 - Distribution of published rules.

The bulletins and compilations may be distributed by the Secretary of State free of charge as provided for the distribution of legislative materials referred to in ORS 171.236. Other copies of the bulletins and compilations shall be distributed by the Secretary of State at a cost determined by the Secretary of State. Any agency may compile and publish its rules or all or part of its rules for purpose of distribution outside of the agency only after it proves to the satisfaction of the 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]
OR Rev Stat § 183.390 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties|Section 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 Attorney General shall prescribe by rule the form for such petitions and the procedure for their submission, consideration and disposition. Not later than 90 days after the date of submission of a petition, the agency either shall deny the petition in 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 rule; (b) The nature of complaints or comments received concerning the rule from 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 (f) The statutory citation or legal basis for the rule. [1957 c.717 §5; 1971 c.734 §8; 2003 c.749 §6]
OR Rev Stat § 183.400 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties|Section 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 provided for review of orders in contested cases. The court shall have jurisdiction to review the validity of the rule whether or not the petitioner has first requested the agency to pass upon the validity of the rule in question, but not when the petitioner is a party to an order or a contested case in which the validity of the rule may be determined by a court. (2) The validity of any 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. (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 was 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.717 §6; 1971 c.734 §9; 1975 c.759 §9; 1979 c.593 §17; 1987 c.861 §3]
OR Rev Stat § 183.403 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties|Section 183.403 - Agency report to Legislative Assembly regarding temporary rules.

(1) As used in this section: (a) "Agency" has the meaning given that term in ORS 183.310. (b) "Rule" has the meaning given that term in ORS 183.310. (c) "Statement of need" means the statement described in ORS 183.335 (5)(c). (2) No later than February 1 of each year, an agency that is subject to ORS 183.335 shall provide a report to the Legislative Assembly, in the manner provided in ORS 192.245, regarding all rules that the agency adopted, amended, repealed or suspended during the preceding 12-month period. The report must include: (a) The number of rules adopted, amended or repealed in accordance with ORS 183.335 (2) and (3); and (b) With respect to rules adopted, amended or suspended using the procedure described in ORS 183.335 (5): (A) The number of rules; (B) A list of the rules; (C) A statement of need for each rule and all of the agency’s findings that a failure to act promptly would result in serious prejudice to the public interest or the interest of parties concerned; and (D) For each rule, an explanation of why proceeding under ORS 183.335 (5) was the most appropriate method for adopting, amending or suspending the rule and why it was not appropriate to proceed in accordance with ORS 183.335 (2) and (3). [2016 c.44 §1] Note: 183.403 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.