reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 182 - State Administrative Agencies › Section 182.454 - Semi-independent state agencies.

The following semi-independent state agencies are subject to ORS 182.456 to 182.472:
(1) The Appraiser Certification and Licensure Board.
(2) The State Board of Architect Examiners.
(3) The State Board of Examiners for Engineering and Land Surveying.
(4) The State Board of Geologist Examiners.
(5) The State Landscape Architect Board.
(6) The Oregon Board of Optometry.
(7) The Oregon Patient Safety Commission.
(8) The Oregon Wine Board.
(9) The State Board of Massage Therapists.
(10) The Oregon Board of Physical Therapy.
(11) The State Landscape Contractors Board.
(12) The Citizens’ Initiative Review Commission. [1999 c.1084 §3; 2003 c.686 §13; 2003 c.797 §27; 2005 c.109 §2; 2007 c.71 §59; 2013 c.722 §§11,19; 2014 c.72 §3; 2019 c.43 §1]
Note:
182.454 to 182.472 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 182 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 182 - State Administrative Agencies › Section 182.456 - Definitions for ORS 182.456 to 182.472.

As used in ORS 182.456 to 182.472:
(1) "Board" means a semi-independent state agency listed in ORS 182.454.
(2) "License" includes licenses, registrations, certifications, permits or other forms of permission required by law to pursue an occupation or engage in a business regulated by a board. [1999 c.1084 §§4,55; 2003 c.686 §§14,15; 2007 c.71 §60]
Note:
See note under 182.454.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 182 - State Administrative Agencies › Section 182.460 - Statutory provisions applicable to semi-independent state agencies.

(1) Except as provided in subsections (2) and (3) of this section and as otherwise provided by law, the provisions of ORS 283.085 to 283.092 and ORS chapters 240, 276, 279A, 279B, 279C, 282, 283, 291, 292 and 293 do not apply to a board. A board is subject to all other statutes governing a state agency that do not conflict with ORS 182.456 to 182.472, including the tort liability provisions of ORS 30.260 to 30.300 and the provisions of ORS chapter 183, and a board’s employees are included within the Public Employees Retirement System.
(2) Notwithstanding subsection (1) of this section, the following provisions apply to a board:
(a) ORS 240.309 (1) to (6) and 240.321;
(b) ORS 279A.250 to 279A.290;
(c) ORS 282.210 to 282.230; and
(d) ORS 293.240.
(3) Notwithstanding subsection (1) of this section, ORS chapter 240 applies to the Oregon Board of Optometry, the State Board of Massage Therapists and the Oregon Board of Physical Therapy.
(4) In carrying out the duties, functions and powers of a board, the board may contract with any state agency for the performance of duties, functions and powers as the board considers appropriate. A state agency may not charge a board an amount that exceeds the actual cost of those services. ORS 182.456 to 182.472 do not require an agency to provide services to a board other than pursuant to a voluntary interagency agreement or contract.
(5) A board shall adopt personnel policies and contracting and purchasing procedures. The Oregon Department of Administrative Services shall review those policies and procedures for compliance with applicable state and federal laws and collective bargaining contracts.
(6) Except as otherwise provided by law, directors and employees of a board are eligible to receive the same benefits as state employees and are entitled to retain their State of Oregon hire dates, transfer rights and job bidding rights, all without loss of seniority, and to the direct transfer of all accumulated state agency leaves. [1999 c.1084 §5; 2003 c.794 §204; 2007 c.71 §61; 2011 c.110 §1; 2012 c.107 §59; 2019 c.43 §2]
Note:
See note under 182.454.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 182 - State Administrative Agencies › Section 182.462 - Budgets for semi-independent state agencies; annual financial statements; disposition of civil penalties; rules.

(1)(a) A board shall adopt budgets on a biennial basis using classifications of expenditures and revenues required by ORS 291.206 (1), but the budget is not subject to review and approval by the Legislative Assembly or to future modification by the Emergency Board or the Legislative Assembly.
(b) The budget referred to in paragraph (a) of this subsection shall be adopted in accordance with applicable provisions of ORS chapter 183. Except as provided in this paragraph, a board shall adopt or modify a budget only after a public hearing thereon. A board must give notice of the hearing to all holders of licenses issued by the board.
(c) A board shall follow generally accepted accounting principles and keep financial and statistical information as necessary to completely and accurately disclose the financial condition and financial operations of the board as may be required by the Secretary of State.
(d) A board shall prepare an annual financial statement of board revenues and expenses and shall make the statement available for public review. The board shall provide a copy of the statement to the Oregon Department of Administrative Services not later than the 90th day after the end of the state fiscal year.
(e) A board may, by rule, elect to donate all or part of the revenue derived by the board from civil penalties to the General Fund of the State Treasury.
(2) In addition to the reports required by ORS 182.472, the Oregon Board of Optometry, the State Board of Massage Therapists and the Oregon Board of Physical Therapy shall, on or before February 1 of each odd-numbered year, present the budget adopted by the board under this section to the Governor, the President of the Senate, the Speaker of the House of Representatives and the Legislative Fiscal Officer. [1999 c.1084 §6; 2011 c.110 §2; 2019 c.43 §3]
Note:
See note under 182.454.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 182 - State Administrative Agencies › Section 182.464 - Financial review by Secretary of State.

The Secretary of State shall enter into agreements with each of the boards to set appropriate financial review schedules for those boards. The financial review schedules shall be set to allow board compliance with ORS 182.472. In lieu of conducting a financial review, the Secretary of State may elect to contract for the financial review with, or accept a financial review conducted by, an independent certified public accountant. [1999 c.1084 §7; 2007 c.218 §1]
Note:
See note under 182.454.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 182 - State Administrative Agencies › Section 182.466 - Powers of semi-independent state agencies; fees; rules.

In addition to other powers granted by ORS 182.456 to 182.472 and by the statutes specifically applicable to a board, a board may:
(1) Sue and be sued in its own name.
(2) Notwithstanding ORS 279.835 to 279.855 and ORS chapters 279A, 279B and 279C, enter into contracts and acquire, hold, own, encumber, issue, replace, deal in and with and dispose of real and personal property.
(3) Notwithstanding ORS 670.300, fix a per diem amount to be paid to board members for each day or portion thereof during which the member is actually engaged in the performance of official duties. Board members may also receive actual and necessary travel expenses or other expenses actually incurred in the performance of their duties. If an advisory council or peer review committee is established under the law that governs the board, the board may also fix and pay amounts and expenses for members thereof.
(4) Set the amount of any fee required by statute and establish by rule and collect other fees as determined by the board. Fees shall not exceed amounts necessary for the purpose of carrying out the functions of the board. Notwithstanding ORS 183.335 and except as provided in this subsection, a board shall hold a public hearing prior to adopting or modifying any fee without regard to the number of requests received to hold a hearing. A board shall give notice to all licensees of the board prior to holding a hearing on the adoption or modification of any fee. A board may adopt fees in conjunction with the budget adoption process described in ORS 182.462.
(5) Subject to any other statutory provisions, adopt procedures and requirements governing the manner of making application for issuance, renewal, suspension, revocation, restoration and related activities concerning licenses that are under the jurisdiction of a board. [1999 c.1084 §8; 2001 c.104 §62; 2003 c.794 §205]
Note:
See note under 182.454.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 182 - State Administrative Agencies › Section 182.468 - Administrators.

(1) Notwithstanding ORS 670.306, a board may select and appoint an administrator. The board shall fix the qualifications and compensation for the position.
(2) An administrator of a board shall not be a voting member of that board.
(3) Notwithstanding ORS 670.306, an administrator of a board may employ persons as the board determines to be necessary for carrying out the business and responsibilities of the board. [1999 c.1084 §9(1),(2),(3)]
Note:
See note under 182.454.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 182 - State Administrative Agencies › Section 182.470 - Accounts for and investment of moneys collected or received by semi-independent state agencies.

(1) Notwithstanding ORS 670.335, except where otherwise specifically provided by statute pursuant to ORS 182.462 (1)(e), all moneys collected or received by a board, placed to the credit of that board and remaining unexpended and unobligated on the date that the board is established as a semi-independent state agency, and all moneys collected or received by a board after the date that the board is established as a semi-independent state agency, must be deposited into an account established by that board in accordance with ORS 295.001 to 295.108. All moneys in the account are continuously appropriated to the board making the deposit for the purpose of carrying out the functions of the board.
(2) Subject to the approval of the chairperson, president or administrator, a board may invest moneys collected or received by the board. Investments made by a board are:
(a) Limited to investments described in ORS 294.035;
(b) Subject to the investment maturity date limitations described in ORS 294.135; and
(c) Subject to the conduct prohibitions listed in ORS 294.145.
(3) Interest earned from any accounts invested under subsection (2) of this section shall be made available to a board in a manner consistent with the board’s annual budget.
(4) Subject to the approval of the chairperson, president or administrator, all necessary board expenses shall be paid from the moneys collected or earned by a board. [1999 c.1084 §10; 2001 c.409 §3; 2003 c.405 §3; 2007 c.871 §25; 2011 c.110 §3; 2019 c.587 §34]
Note:
See note under 182.454.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 182 - State Administrative Agencies › Section 182.472 - Reports.

Not later than April 1 of each even-numbered year, each board subject to ORS 182.456 to 182.472 shall submit a report to the Governor, the President of the Senate, the Speaker of the House of Representatives and the Legislative Fiscal Officer. The Legislative Fiscal Officer shall review the reports and shall prepare and submit a statement of findings and conclusions to the Joint Legislative Audit Committee and the Joint Committee on Ways and Means. The report must include the following:
(1) A copy of the most recent audit or financial review of the board.
(2) A copy of the actual budget for the prior biennium and a copy of the board’s adopted budget for the biennium in which the report is made. The budget documents must show:
(a) The beginning balance and ending balance for each of the two biennia;
(b) A description of material changes between the two biennia;
(c) A description of the public hearing process used to establish the budget adopted for the current biennium; and
(d) A description of current fees and proposed changes to fees, along with information supporting the amounts of the current fees and any proposed changes to the fees.
(3) A description of all temporary and permanent rules adopted by the board during the prior biennium.
(4) A description of board actions promoting consumer protection that were taken during the prior biennium.
(5) If the board issues licenses, a description of the board’s licensing activities performed during the prior biennium that is adequate to allow evaluation of the board’s performance of its licensing responsibilities, including:
(a) The number of license applications;
(b) The number of licenses issued;
(c) The number of examinations conducted;
(d) The average time between application for and issuance of licenses;
(e) The number and types of complaints received about persons holding licenses;
(f) The number and types of investigations conducted;
(g) The number and types of resolutions of complaints;
(h) The number and type of sanctions imposed; and
(i) The number of days between beginning an investigation and reaching a resolution.
(6) A description of all other actions taken during the prior biennium in the performance of the board’s statutory responsibilities that is adequate to allow evaluation of the board’s performance. [1999 c.1084 §11; 2005 c.109 §1; 2007 c.218 §2; 2010 c.107 §2]
Note:
See note under 182.454.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 182 - State Administrative Agencies › Section 182.500 - Mandatory report to Governor by person performing ombudsman services; cooperation with ombudsman.

(1) If an agency or officer of the executive department, as defined by ORS 174.112, designates a person to perform ombudsman services, the person shall report to the Governor in writing at least once each quarter. A report shall include a summary of the services that the person provided during the quarter and the person’s recommendations for improving ombudsman services and the services for which the person provides assistance.
(2) All public bodies, as defined by ORS 174.109, shall cooperate with an ombudsman established or specifically authorized by law, or designated by the Governor, and shall promptly provide all information requested by the ombudsman that is relevant to the duties of the ombudsman. Any person that contracts with a public body, as defined by ORS 174.109, shall cooperate with an ombudsman established or authorized by law or designated by the Governor to the extent the ombudsman is investigating matters related to the contract, and shall promptly provide all information requested by the ombudsman that is related to the contract and relevant to the duties of the ombudsman. An agency or officer of the executive department, as defined by ORS 174.112, shall consult with the Attorney General if there is any legal dispute relating to:
(a) Whether confidential or other restricted information may be provided under this subsection to an ombudsman; or
(b) Whether the ombudsman is seeking information that is relevant to the duties of the ombudsman. [2003 c.591 §17; 2007 c.893 §1]
Note:
182.500 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 182 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 182 - State Administrative Agencies › Section 182.515 - Definitions for ORS 182.515 and 182.525.

As used in this section and ORS 182.525:
(1) "Agency" means:
(a) The Department of Corrections;
(b) The Oregon Youth Authority;
(c) The Youth Development Division; and
(d) That part of the Oregon Health Authority that deals with mental health and addiction issues.
(2) "Cost-effective" means that benefits realized over a reasonable period of time are greater than costs, as determined utilizing a cost-benefit analytical tool identified by the Oregon Criminal Justice Commission.
(3) "Evidence-based program" means a program that:
(a) Incorporates significant and relevant practices based on scientifically based research; and
(b) Is cost-effective.
(4)(a) "Program" means a treatment or intervention program or service that is intended to:
(A) Reduce the propensity of a person to commit crimes;
(B) Improve the mental health of a person with the result of reducing the likelihood that the person will commit a crime or need emergency mental health services; or
(C) Reduce the propensity of a person who is less than 18 years of age to engage in antisocial behavior with the result of reducing the likelihood that the person will become a juvenile offender.
(b) "Program" does not include:
(A) An educational program or service that an agency is required to provide to meet educational requirements imposed by state law; or
(B) A program that provides basic medical services.
(5) "Scientifically based research" means research that obtains reliable and valid knowledge by:
(a) Employing systematic, empirical methods that draw on observation or experiment;
(b) Involving rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn;
(c) Relying on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations and across studies by the same or different investigators; and
(d) Utilizing randomized controlled trials when possible and appropriate. [2003 c.669 §3; 2005 c.503 §12; 2009 c.595 §162; 2012 c.37 §37; 2013 c.623 §10; 2013 c.649 §41]
Note:
182.515 and 182.525 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 182 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 182 - State Administrative Agencies › Section 182.525 - Mandatory expenditures for evidence-based programs; biennial report; rules.

(1) An agency shall spend at least 75 percent of state moneys that the agency receives for programs on evidence-based programs.
(2) The agency shall submit a biennial report containing:
(a) An assessment of each program on which the agency expends funds, including but not limited to whether the program is an evidence-based program;
(b) The percentage of state moneys the agency receives for programs that is being expended on evidence-based programs;
(c) The percentage of federal and other moneys the agency receives for programs that is being expended on evidence-based programs; and
(d) A description of the efforts the agency is making to meet the requirement of subsection (1) of this section.
(3) The agency shall submit the report required by subsection (2) of this section no later than September 30 of each even-numbered year to the interim legislative committee dealing with judicial matters.
(4) If an agency, in any biennium, spends more than 25 percent of the state moneys that the agency receives for programs on programs that are not evidence based, the Legislative Assembly shall consider the agency’s failure to meet the requirement of subsection (1) of this section in making appropriations to the agency for the following biennium.
(5) An agency may adopt rules necessary to carry out the provisions of this section. [2003 c.669 §7; 2005 c.22 §128; 2005 c.503 §13; 2013 c.649 §44]
Note:
See note under 182.515.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 182 - State Administrative Agencies › Section 182.542 - Duties of council.

(1) The Environmental Justice Council shall:
(a) Advise and provide a biannual report to the Governor on environmental justice issues;
(b) Advise natural resource agencies on environmental justice issues, including community concerns and public participation processes;
(c) Identify, in cooperation with natural resource agencies, environmental justice communities;
(d) Meet with environmental justice communities and make recommendations to the Governor regarding concerns raised by these communities;
(e) Define environmental justice issues in the state; and
(f) Upon the request of a natural resource agency, provide consultation and review of a natural resource agency’s proposed administrative rules under ORS 183.333 (1).
(2) The council may form work groups or consult with stakeholders as necessary to carry out the duties of the council. [2007 c.909 §3; 2022 c.58 §3]
Note:
See note under 182.535.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 182 - State Administrative Agencies › Section 182.543 - Reports by council.

(1) The Environmental Justice Council, in consultation with natural resource agencies, shall identify in a report to the Governor and, in the manner required in ORS 192.245, the Legislative Assembly:
(a) Guidance for state agencies regarding how to use the environmental justice mapping tool developed under ORS 182.555 when adopting rules, policies or guidelines. The guidance must be flexible to accommodate differences in agency directives.
(b) Best practices for increasing public participation and engagement in policy decisions by providing meaningful involvement.
(c) Recommendations on how to best meaningfully consult environmental justice communities.
(d) Recommendations for establishing measurable goals for reducing environmental disparities across Oregon and ways in which state agencies may focus their work toward meeting those goals.
(e) Guidelines for identifying environmental justice communities, including guidelines for further defining environmental justice communities developed from the inclusive community engagement process described in ORS 182.555.
(f) Guidelines for evaluating socioeconomic benefits and burdens to environmental justice communities.
(2) The report prepared under this section may include:
(a) Recommendations for approaches to integrate an analysis of the distribution of environmental burdens and benefits across population groups into evaluations performed under state environmental laws;
(b) Equity analysis methods that may include a process for describing potential risks to, benefits to and opportunities for investments and mitigation;
(c) Best practices for cataloging and collecting data on programs within natural resource agencies related to health and environmental factors; and
(d) Recommendations for criteria for identifying and addressing gaps in current research and data collection to inform state agency actions, to refine the environmental justice mapping tool and to identify factors that may impede the achievement of environmental justice.
(3) The council, in consultation with the natural resource agencies, shall review and update the report required under this section at least once every five years. [2022 c.58 §13]
Note:
See note under 182.535.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 182 - State Administrative Agencies › Section 182.545 - Duties of natural resource agencies.

In order to provide greater public participation and to ensure that all persons affected by decisions of the natural resource agencies have a voice in those decisions, each natural resource agency shall:
(1) In making a determination whether and how to act, consider the effects of the action on environmental justice issues.
(2) Hold hearings at times and in locations that are convenient for people in the communities that will be affected by the decisions stemming from the hearings.
(3) Engage in public outreach activities in the communities that will be affected by decisions of the agency.
(4) Create a public advocate position that is responsible for:
(a) Encouraging public participation;
(b) Ensuring that the agency considers environmental justice issues; and
(c) Informing the agency of the effect of its decisions on environmental justice communities. [2007 c.909 §4; 2022 c.58 §15]
Note:
See note under 182.535.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 182 - State Administrative Agencies › Section 182.550 - Reports by natural resource agencies.

All directors of natural resource agencies, and other agency directors as the Governor may designate, shall report annually to the Environmental Justice Council and to the Governor on the results of the agencies’ efforts to:
(1) Address environmental justice issues;
(2) Increase public participation of individuals and communities affected by agencies’ decisions;
(3) Determine the effect of the agencies’ decisions on environmental justice communities;
(4) Improve plans to further the progress of environmental justice in Oregon; and
(5) Utilize the environmental justice mapping tool developed under ORS 182.555. [2007 c.909 §5; 2022 c.58 §16]
Note:
See note under 182.535.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 182 - State Administrative Agencies › Section 182.557 - Use of environmental justice mapping tool by natural resource agencies.

(1) Subject to subsection (2) of this section, natural resource agencies may consider the results of the environmental justice mapping tool developed under ORS 182.555 when developing administrative rules or agency policies or programs. Natural resource agencies shall consider the recommendations in the report required by ORS 182.543 when utilizing the environmental justice mapping tool.
(2) A natural resource agency may use the environmental justice mapping tool to:
(a) Identify environmental justice communities affected by agency programs;
(b) Conduct outreach and engagement activities with environmental justice communities to inform the development, adoption, implementation or enforcement of environmental laws, administrative rules or agency policies;
(c) Establish measurable goals for reducing environmental health disparities within agency programs; and
(d) Prioritize agency funding to help address identified impacts on environmental justice communities.
(3)(a) The environmental justice mapping tool may inform agency policies and programs as they relate to community engagement and outreach, investments and funding and impacts to environmental justice communities, and may be a source of information to the public.
(b) The mapping tool is informational only and may not be used in agency decision-making on individual permits or applications unless otherwise required by federal or state law.
(c) Nothing in ORS 182.535 to 182.557 shall be construed to limit, affect or alter the authority of any state agency to act within the authority granted to the agency by any other provision of state or federal law. [2022 c.58 §14]
Note:
See note under 182.535.
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.338 - Use of term "noncitizen" in rules and regulations.

(1) As used in this section:
(a) "Noncitizen" means an individual who is not a citizen or national of the United States.
(b) "State agency" means any state officer, board, commission, department, division, institution, branch or agency of the state government.
(2) A state agency shall use the term "noncitizen" to reference an individual who is not a citizen or national of the United States when promulgating a rule or regulation that references an individual who is not a citizen or national of the United States. [2022 c.97 §1]
Note:
183.338 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.
2023 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]
2023 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]
2023 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.
2023 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]
2023 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]