reglab/statecodes huggingface dataset:
2023 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]
2023 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.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.405 - Agency review of rules; report by Secretary of State.

(1) Not later than five years after adopting a rule, an agency shall review the rule for the purpose of determining:
(a) Whether the rule has had the intended effect;
(b) Whether the anticipated fiscal impact of the rule was underestimated or overestimated;
(c) Whether subsequent changes in the law require that the rule be repealed or amended;
(d) Whether there is continued need for the rule; and
(e) What impacts the rule has on small businesses.
(2) Upon request of an agency, the Small Business Rules Advisory Committee established in ORS 183.407 may agree to complete the review and reporting required by this section for the agency.
(3) An agency or the Small Business Rules Advisory Committee shall utilize available information in complying with the requirements of subsection (1) of this section.
(4) An agency or the Small Business Rules Advisory Committee shall provide a report on each review of a rule conducted under this section:
(a) To the Secretary of State;
(b) To the Small Business Rules Advisory Committee, unless the committee completed the review under subsection (2) of this section; and
(c) If the agency appointed an advisory committee pursuant to ORS 183.333 for consideration of a rule subject to the requirements of this section, to the advisory committee.
(5) The provisions of this section do not apply to the amendment or repeal of a rule.
(6) The provisions of this section do not apply to:
(a) Rules adopted to implement court orders or the settlement of civil proceedings;
(b) Rules that adopt federal laws or rules by reference;
(c) Rules adopted to implement legislatively approved fee changes; or
(d) Rules adopted to correct errors or omissions.
(7) The Secretary of State shall compile the reports submitted under this section during each calendar year and submit an annual report to the Legislative Assembly in the manner required by ORS 192.245 no later than February 1 of the following year. [2005 c.807 §3; 2017 c.518 §6; 2018 c.20 §4]
Note:
183.405 was added to and made a part of 183.325 to 183.410 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.407 - Small Business Rules Advisory Committee.

(1) The Small Business Rules Advisory Committee is established to serve as an advisory committee for agencies adopting new administrative rules and to review the effectiveness of existing administrative rules.
(2) The committee consists of nine members as follows:
(a) Two representatives of small businesses appointed by the Governor;
(b) Two representatives of small businesses appointed by the President of the Senate;
(c) Two representatives of small businesses appointed by the Speaker of the House;
(d) A representative of small businesses appointed by the Office of Small Business Assistance established in ORS 56.203;
(e) A representative of state agencies appointed by the Director of the Oregon Department of Administrative Services; and
(f) A member who is an expert in the rulemaking process appointed by the State Archivist.
(3) Upon request of an agency, the committee shall serve as the advisory committee or fiscal impact advisory committee for reviewing an agency’s proposed administrative rules under ORS 183.333.
(4) Upon request of an agency, the committee may agree to complete the rules review and reporting required by ORS 183.405 in place of the agency.
(5) Members of the committee shall be appointed to serve for terms of two years, but a member serves at the pleasure of the appointing authority. The appointing authority shall appoint a person to fill any vacancy on the committee for the expired term. A member may be reappointed to the committee.
(6) The members of the committee shall elect a chairperson from among the members of the committee. In the absence of a chairperson, the member appointed by the State Archivist shall serve as acting chairperson.
(7) A majority of the members of the committee constitutes a quorum for the transaction of business.
(8) The committee shall meet upon the call of the chairperson or upon a request of a majority of the members of the committee. The committee may meet by phone or video conference with at least 24 hours’ public notice.
(9) The State Archives shall provide administrative support to the committee.
(10) Members of the committee are not entitled to compensation, but may be reimbursed from funds available to the State Archives for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495. [2018 c.20 §2]
Note:
183.407 was added to and made a part of 183.325 to 183.410 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.410 - Agency determination of applicability of rule or statute to petitioner; effect; judicial review.

On petition of any interested person, any agency may in its discretion issue a declaratory ruling with respect to the applicability to any person, property, or state of facts of any rule or statute enforceable by it. A declaratory ruling is binding between the agency and the petitioner on the state of facts alleged, unless it is altered or set aside by a court. However, the agency may, where the ruling is adverse to the petitioner, review the ruling and alter it if requested by the petitioner. Binding rulings provided by this section are subject to review in the Court of Appeals in the manner provided in ORS 183.480 for the review of orders in contested cases. The Attorney General shall prescribe by rule the form for such petitions and the procedure for their submission, consideration and disposition. The petitioner shall have the right to submit briefs and present oral argument at any declaratory ruling proceeding held pursuant to this section. [1957 c.717 §7; 1971 c.734 §10; 1973 c.612 §5]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.411 - Delegation of final order authority.

Unless otherwise provided by law, an agency may delegate authority to enter a final order in a proceeding or class of proceedings to an officer or employee of the agency, or to a class of officers or employees of the agency. A delegation of authority under this section must be made in writing before the issuance of any order pursuant to the delegation and must be retained in the agency’s records. [2007 c.116 §2]
Note:
183.411 was added to and made a part of ORS chapter 183 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.415 - Notice of right to hearing.

(1) The Legislative Assembly finds that persons affected by actions taken by state agencies have a right to be informed of their rights and remedies with respect to the actions.
(2) In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice, served personally or by registered or certified mail.
(3) Notice under this section must include:
(a) A statement of the party’s right to hearing, with a description of the procedure and time to request a hearing, or a statement of the time and place of the hearing;
(b) A statement of the authority and jurisdiction under which the hearing is to be held;
(c) A reference to the particular sections of the statutes and rules involved;
(d) A short and plain statement of the matters asserted or charged;
(e) A statement indicating whether and under what circumstances an order by default may be entered; and
(f) A statement that active duty servicemembers have a right to stay proceedings under the federal Servicemembers Civil Relief Act and may contact the Oregon State Bar or the Oregon Military Department for more information. The statement must include the toll-free telephone numbers for the Oregon State Bar and the Oregon Military Department and the Internet address for the United States Armed Forces Legal Assistance Legal Services Locator website. [1971 c.734 §13; 1979 c.593 §18; 1985 c.757 §1; 1997 c.837 §2; 1999 c.849 §§27,28; 2003 c.75 §29; 2007 c.288 §2; 2013 c.295 §3]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.425 - Depositions or subpoena of material witness; discovery.

(1) On petition of any party to a contested case, or upon the agency’s own motion, the agency may order that the testimony of any material witness may be taken by deposition in the manner prescribed by law for depositions in civil actions. Depositions may also be taken by the use of audio or audio-visual recordings. The petition shall set forth the name and address of the witness whose testimony is desired, a showing of the materiality of the testimony of the witness, and a request for an order that the testimony of such witness be taken before an officer named in the petition for that purpose. If the witness resides in this state and is unwilling to appear, the agency may issue a subpoena as provided in ORS 183.440, requiring the appearance of the witness before such officer.
(2) An agency may, by rule, prescribe other methods of discovery which may be used in proceedings before the agency. [1971 c.734 §14; 1975 c.759 §11; 1979 c.593 §19; 1997 c.837 §6]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.430 - Hearing on refusal to renew license; exceptions.

(1) In the case of any license which must be periodically renewed, where the licensee has made timely application for renewal in accordance with the rules of the agency, such license shall not be deemed to expire, despite any stated expiration date thereon, until the agency concerned has issued a formal order of grant or denial of such renewal. In case an agency proposes to refuse to renew such license, upon demand of the licensee, the agency must grant hearing as provided by this chapter before issuance of order of refusal to renew. This subsection does not apply to any emergency or temporary permit or license.
(2) In any case where the agency finds a serious danger to the public health or safety and sets forth specific reasons for such findings, the agency may suspend or refuse to renew a license without hearing, but if the licensee demands a hearing within 90 days after the date of notice to the licensee of such suspension or refusal to renew, then a hearing must be granted to the licensee as soon as practicable after such demand, and the agency shall issue an order pursuant to such hearing as required by this chapter confirming, altering or revoking its earlier order. Such a hearing need not be held where the order of suspension or refusal to renew is accompanied by or is pursuant to, a citation for violation which is subject to judicial determination in any court of this state, and the order by its terms will terminate in case of final judgment in favor of the licensee. [1957 c.717 §8 (3), (4); 1965 c.212 §1; 1971 c.734 §11]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.435 - Period allowed to request hearing for license refusal on grounds other than test or inspection results.

When an agency refuses to issue a license required to pursue any commercial activity, trade, occupation or profession if the refusal is based on grounds other than the results of a test or inspection that agency shall grant the person requesting the license 60 days from notification of the refusal to request a hearing. [Formerly 670.285]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.440 - Subpoenas in contested cases.

(1) An agency may issue subpoenas on its own motion in a contested case. In addition, an agency or hearing officer in a contested case may issue subpoenas upon the request of a party to a contested case upon a showing of general relevance and reasonable scope of the evidence sought. A party entitled to have witnesses on behalf of the party may have subpoenas issued by an attorney of record of the party, subscribed by the signature of the attorney. Witnesses appearing pursuant to subpoena, other than the parties or officers or employees of the agency, shall receive fees and mileage as prescribed by law for witnesses in ORS 44.415 (2).
(2) If any person fails to comply with any subpoena so issued or any party or witness refuses to testify on any matters on which the party or witness may be lawfully interrogated, the judge of the circuit court of any county, on the application of the hearing officer, the agency or the party requesting the issuance of or issuing the subpoena, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. [1957 c.717 §8 (2); 1971 c.734 §12; 1979 c.593 §20; 1981 c.174 §4; 1989 c.980 §10a; 1997 c.837 §3; 1999 c.849 §30]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.445 - Subpoena by agency or attorney of record of party when agency not subject to ORS 183.440.

(1) In any proceeding before an agency not subject to ORS 183.440 in which a party is entitled to have subpoenas issued for the appearance of witnesses on behalf of the party, a subpoena may be issued by an attorney of record of the party, subscribed by the signature of the attorney. A subpoena issued by an attorney of record may be enforced in the same manner as a subpoena issued by the agency.
(2) In any proceeding before an agency not subject to ORS 183.440 in which a party is entitled to have subpoenas issued by the agency to compel the appearance of witnesses on behalf of the party, the agency may issue subpoenas on its own motion. [1981 c.174 §6; 1997 c.837 §4; 1999 c.849 §32]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.450 - Evidence in contested cases.

In contested cases:
(1) Irrelevant, immaterial or unduly repetitious evidence shall be excluded but erroneous rulings on evidence shall not preclude agency action on the record unless shown to have substantially prejudiced the rights of a party. All other evidence of a type commonly relied upon by reasonably prudent persons in conduct of their serious affairs shall be admissible. Agencies and hearing officers shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Any part of the evidence may be received in written form.
(2) All evidence shall be offered and made a part of the record in the case, and except for matters stipulated to and except as provided in subsection (4) of this section no other factual information or evidence shall be considered in the determination of the case. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference. The burden of presenting evidence to support a fact or position in a contested case rests on the proponent of the fact or position.
(3) Every party shall have the right of cross-examination of witnesses who testify and shall have the right to submit rebuttal evidence. Persons appearing in a limited party status shall participate in the manner and to the extent prescribed by rule of the agency.
(4) The hearing officer and agency may take notice of judicially cognizable facts, and may take official notice of general, technical or scientific facts within the specialized knowledge of the hearing officer or agency. Parties shall be notified at any time during the proceeding but in any event prior to the final decision of material officially noticed and they shall be afforded an opportunity to contest the facts so noticed. The hearing officer and agency may utilize the hearing officer’s or agency’s experience, technical competence and specialized knowledge in the evaluation of the evidence presented.
(5) No sanction shall be imposed or order be issued except upon consideration of the whole record or such portions thereof as may be cited by any party, and as supported by, and in accordance with, reliable, probative and substantial evidence. [1957 c.717 §9; 1971 c.734 §15; 1975 c.759 §12; 1977 c.798 §3; 1979 c.593 §21; 1987 c.833 §1; 1995 c.272 §5; 1997 c.391 §1; 1997 c.801 §76; 1999 c.448 §5; 1999 c.849 §34]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.452 - Representation of agencies at contested case hearings.

(1) Agencies may, at their discretion, be represented at contested case hearings by the Attorney General.
(2) Notwithstanding ORS 9.160, 9.320 and ORS chapter 180, and unless otherwise authorized by another law, an agency may be represented at contested case hearings by an officer or employee of the agency if:
(a) The Attorney General has consented to the representation of the agency by an agency representative in the particular hearing or in the class of hearings that includes the particular hearing; and
(b) The agency, by rule, has authorized an agency representative to appear on its behalf in the particular type of hearing being conducted.
(3) An agency representative acting under the provisions of this section may not give legal advice to an agency, and may not present legal argument in contested case hearings, except to the extent authorized by subsection (4) of this section.
(4) The officer presiding at a contested case hearing in which an agency representative appears under the provisions of this section may allow the agency representative to present evidence, examine and cross-examine witnesses, and make arguments relating to the:
(a) Application of statutes and rules to the facts in the contested case;
(b) Actions taken by the agency in the past in similar situations;
(c) Literal meaning of the statutes or rules at issue in the contested case;
(d) Admissibility of evidence; and
(e) Proper procedures to be used in the contested case hearing.
(5) Upon judicial review, no limitation imposed under this section on an agency representative is the basis for reversal or remand of agency action unless the limitation resulted in substantial prejudice to a party.
(6) The Attorney General may prepare model rules for agency representatives authorized under this section. [1999 c.448 §3]
Note:
183.452 was added to and made a part of 183.413 to 183.470 by legislative action but was not added to any other series. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.453 - Representation of Oregon Health Authority and Department of Human Services at contested case hearings.

The Oregon Health Authority and the Department of Human Services may be represented at contested case hearings by an officer or employee of either the authority or the department, subject to the requirements of ORS 183.452. [2013 c.14 §1]
Note:
183.453 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 183 or any series 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 183.458 - Nonattorney and out-of-state attorney representation of parties in certain contested case hearings.

(1) Notwithstanding any other provision of law, in any contested case hearing before a state agency involving child support, public assistance as defined in ORS 411.010, medical assistance as defined in ORS 414.025 or the right to be free from potentially unusual or hazardous treatment procedures under ORS 426.385 (3), a party may be represented by any of the following persons:
(a) An attorney licensed to practice law in any state who is an employee of or contracts with a nonprofit legal services program that receives funding pursuant to ORS 9.572.
(b) An authorized representative who is an employee of a nonprofit legal services program that receives funding pursuant to ORS 9.572. The authorized representative must be supervised by an attorney also employed by a legal services program.
(c) An authorized representative who is an employee of the system described in ORS 192.517 (1). The authorized representative must be supervised by an attorney also employed by the system.
(2) In any contested case hearing before a state agency involving child support, a party may be represented by a law student who is:
(a) Handling the child support matter as part of a law school clinical program in which the student is enrolled; and
(b) Supervised by an attorney employed by the program.
(3) In any contested case hearing before a state agency involving an applicant for or recipient of medical assistance, the claimant may be represented by a relative, friend or any other person of the claimant’s choosing.
(4) A person authorized to represent a party under this section may present evidence in the proceeding, examine and cross-examine witnesses and present factual and legal arguments in the proceeding. [1999 c.448 §4; 2003 c.14 §86; 2005 c.498 §6; 2009 c.49 §1; 2013 c.688 §25]
Note:
183.458 was added to and made a part of 183.413 to 183.470 by legislative action but was not added to any other series. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.459 - Representation of home care worker by labor union representative.

(1) Notwithstanding ORS 8.690, 9.160 and 9.320, a home care worker or personal support worker, as defined in ORS 410.600, who is a party in a contested case hearing conducted by the Department of Human Services may be represented in the hearing by a labor union representative.
(2) Notwithstanding ORS 8.690, 9.160 and 9.320, a family child care provider, as defined in ORS 329A.430, who is a party in a contested case hearing conducted by the Department of Early Learning and Care may be represented in the hearing by a labor union representative.
(3) The hearing officer at a contested case hearing in which a labor union representative appears under the provisions of this section shall allow the representative to present evidence, examine and cross-examine witnesses and make arguments relating to the:
(a) Application of statutes and rules to the facts in the contested case;
(b) Actions taken by the agency in the past in similar situations;
(c) Literal meaning of the statutes or rules at issue in the contested case;
(d) Admissibility of evidence; and
(e) Proper procedures to be used in the contested case hearing. [2009 c.424 §2; 2018 c.75 §9; 2021 c.631 §16; 2023 c.554 §43]
Note:
183.459 was added to and made a part of 183.413 to 183.470 by legislative action but was not added to any other series. 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 183.460 - Examination of evidence by agency.

Whenever in a contested case a majority of the officials of the agency who are to render the final order have not heard the case or considered the record, the order, if adverse to a party other than the agency itself, shall not be made until a proposed order, including findings of fact and conclusions of law, has been served upon the parties and an opportunity has been afforded to each party adversely affected to file exceptions and present argument to the officials who are to render the decision. [1957 c.717 §10; 1971 c.734 §16; 1975 c.759 §13]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.462 - Agency statement of ex parte communications; notice.

The agency shall place on the record a statement of the substance of any written or oral ex parte communications on a fact in issue made to the agency during its review of a contested case. The agency shall notify all parties of such communications and of their right to rebut the substance of the ex parte communications on the record. [1979 c.593 §36c]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.464 - Proposed order by hearing officer; amendment by agency; exemptions.

(1) Except as otherwise provided in subsections (1) to (4) of this section, unless a hearing officer is authorized or required by law or agency rule to issue a final order, the hearing officer shall prepare and serve on the agency and all parties to a contested case hearing a proposed order, including recommended findings of fact and conclusions of law. The proposed order shall become final after the 30th day following the date of service of the proposed order, unless the agency within that period issues an amended order.
(2) An agency may by rule specify a period of time after which a proposed order will become final that is different from that specified in subsection (1) of this section.
(3) If an agency determines that additional time will be necessary to allow the agency adequately to review a proposed order in a contested case, the agency may extend the time after which the proposed order will become final by a specified period of time. The agency shall notify the parties to the hearing of the period of extension.
(4) Subsections (1) to (4) of this section do not apply to the Public Utility Commission or the Energy Facility Siting Council.
(5) The Governor may exempt any agency or any class of contested case hearings before an agency from the requirements in whole or part of subsections (1) to (4) of this section by executive order. The executive order shall contain a statement of the reasons for the exemption. [1979 c.593 §§36,36b; 1995 c.79 §64; 2001 c.104 §64]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.470 - Orders in contested cases.

In a contested case:
(1) Every order adverse to a party to the proceeding shall be in writing or stated in the record and may be accompanied by an opinion.
(2) A final order shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the underlying facts supporting the findings as to each contested issue of fact and as to each ultimate fact required to support the agency’s order.
(3) The agency shall notify the parties to a proceeding of a final order by delivering or mailing a copy of the order and any accompanying findings and conclusions to each party or, if applicable, the party’s attorney of record.
(4) Every final order shall include a citation of the statutes under which the order may be appealed. [1957 c.717 §11; 1971 c.734 §17; 1979 c.593 §22]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.480 - Judicial review of agency orders.

(1) Except as provided in ORS 183.417 (3)(b), any person adversely affected or aggrieved by an order or any party to an agency proceeding is entitled to judicial review of a final order, whether such order is affirmative or negative in form. A petition for rehearing or reconsideration need not be filed as a condition of judicial review unless specifically otherwise provided by statute or agency rule.
(2) Judicial review of final orders of agencies shall be solely as provided by ORS 183.482, 183.484, 183.490 and 183.500.
(3) No action or suit shall be maintained as to the validity of any agency order except a final order as provided in this section and ORS 183.482, 183.484, 183.490 and 183.500 or except upon showing that the agency is proceeding without probable cause, or that the party will suffer substantial and irreparable harm if interlocutory relief is not granted.
(4) Judicial review of orders issued pursuant to ORS 813.410 shall be as provided by ORS 813.410. [1957 c.717 §12; 1963 c.449 §1; 1971 c.734 §18; 1975 c.759 §14; 1979 c.593 §23; 1983 c.338 §901; 1985 c.757 §4; 1997 c.837 §5; 2007 c.288 §11]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.485 - Decision of court on review of contested case.

(1) The court having jurisdiction for judicial review of contested cases shall direct its decision, including its judgment, to the agency issuing the order being reviewed and may direct that its judgment be delivered to the circuit court for any county designated by the prevailing party for entry in the circuit court’s register.
(2) Upon receipt of the court’s decision, including the judgment, the clerk of the circuit court shall enter a judgment in the register of the court pursuant to the direction of the court to which the appeal is made. [1973 c.612 §7; 1981 c.178 §11; 1985 c.540 §39; 2003 c.576 §193]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.486 - Form and scope of decision of reviewing court.

(1) The reviewing court’s decision under ORS 183.482 or 183.484 may be mandatory, prohibitory, or declaratory in form, and it shall provide whatever relief is appropriate irrespective of the original form of the petition. The court may:
(a) Order agency action required by law, order agency exercise of discretion when required by law, set aside agency action, remand the case for further agency proceedings or decide the rights, privileges, obligations, requirements or procedures at issue between the parties; and
(b) Order such ancillary relief as the court finds necessary to redress the effects of official action wrongfully taken or withheld.
(2) If the court sets aside agency action or remands the case to the agency for further proceedings, it may make such interlocutory order as the court finds necessary to preserve the interests of any party and the public pending further proceedings or agency action.
(3) Unless the court finds a ground for setting aside, modifying, remanding, or ordering agency action or ancillary relief under a specified provision of this section, it shall affirm the agency action. [1979 c.593 §27]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.490 - Agency may be compelled to act.

The court may, upon petition as described in ORS 183.484, compel an agency to act where it has unlawfully refused to act or make a decision or unreasonably delayed taking action or making a decision. [1957 c.717 §13; 1979 c.593 §28]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.497 - Awarding costs and attorney fees when finding for petitioner.

(1) In a judicial proceeding designated under subsection (2) of this section the court:
(a) May, in its discretion, allow a petitioner reasonable attorney fees and costs if the court finds in favor of the petitioner.
(b) Shall allow a petitioner reasonable attorney fees and costs if the court finds in favor of the petitioner and determines that the state agency acted without a reasonable basis in fact or in law; but the court may withhold all or part of the attorney fees from any allowance to a petitioner if the court finds that the state agency has proved that its action was substantially justified or that special circumstances exist that make the allowance of all or part of the attorney fees unjust.
(2) The provisions of subsection (1) of this section apply to an administrative or judicial proceeding brought by a petitioner against a state agency, as defined in ORS 291.002, for:
(a) Judicial review of a final order as provided in ORS 183.480 to 183.484;
(b) Judicial review of a declaratory ruling provided in ORS 183.410; or
(c) A judicial determination of the validity of a rule as provided in ORS 183.400.
(3) Amounts allowed under this section for reasonable attorney fees and costs shall be paid from funds available to the state agency whose final order, declaratory ruling or rule was reviewed by the court. [1981 c.871 §1; 1985 c.757 §5]
Note:
183.497 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 183 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.500 - Appeals.

Any party to the proceedings before the circuit court may appeal from the judgment of that court to the Court of Appeals. Such appeal shall be taken in the manner provided by law for appeals from the circuit court in suits in equity. [1957 c.717 §14; 1969 c.198 §76; 2003 c.576 §394]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.530 - Housing cost impact statement required for certain proposed rules.

A housing cost impact statement shall be prepared upon the proposal for adoption or repeal of any rule or any amendment to an existing rule by:
(1) The Oregon Housing Stability Council;
(2) A building codes division of the Department of Consumer and Business Services or any board associated with the department with regard to rules adopted under ORS 455.610 to 455.630;
(3) The Land Conservation and Development Commission;
(4) The Environmental Quality Commission;
(5) The Construction Contractors Board;
(6) The Occupational Safety and Health Division of the Department of Consumer and Business Services; or
(7) The State Department of Energy. [1995 c.652 §2; 2015 c.180 §39]
Note:
183.530 to 183.538 were added to and made a part of ORS chapter 183 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.534 - Housing cost impact statement described; rules.

(1) A housing cost impact statement is an estimate of the effect of a proposed rule or ordinance on the cost of development of a 6,000 square foot parcel and the construction of a 1,200 square foot detached single family dwelling on that parcel. The Housing and Community Services Department shall adopt rules prescribing the form to be used when preparing the estimate and other such rules necessary to the implementation of this section and ORS 183.530 and 183.538.
(2) A housing cost impact statement:
(a) For an agency listed in ORS 183.530 shall be incorporated in the:
(A) Fiscal impact statement required by ORS 183.335 (2)(b)(E) for permanent rule adoption; or
(B) Statements required by ORS 183.335 (5) for temporary rule adoption.
(b) Shall not be required for the adoption of any procedural rule by an agency listed in ORS 183.530. [1995 c.652 §3; 1997 c.249 §54; 2015 c.180 §40; 2023 c.193 §12]
Note:
See note under 183.530.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.538 - Effect of failure to prepare housing cost impact statement; judicial review.

(1) Notwithstanding ORS 183.335 (12), 183.400 (4) or any other provision of law, the failure to prepare a housing cost impact statement shall not affect the validity or effective date of any rule or ordinance or any amendment to a rule or ordinance.
(2) If a rule or ordinance or any amendment to a rule or ordinance is challenged based on the failure to prepare a housing cost impact statement, the court or other reviewing authority shall remand the proposed rule or ordinance or any amendment to a rule or ordinance to the adopting or repealing entity if it determines that a housing cost impact statement is required.
(3) The court or other reviewing authority shall determine only whether a housing cost impact statement was prepared and shall not make any determination as to the sufficiency of the housing cost impact statement. [1995 c.652 §4; 2001 c.220 §4]
Note:
See note under 183.530.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.540 - Reduction of economic impact on small business.

If the statement of cost of compliance effect on small businesses required by ORS 183.335 (2)(b)(E) shows that a rule has a significant adverse effect upon small business, to the extent consistent with the public health and safety purpose of the rule, the agency shall reduce the economic impact of the rule on small business by:
(1) Establishing differing compliance or reporting requirements or time tables for small business;
(2) Clarifying, consolidating or simplifying the compliance and reporting requirements under the rule for small business;
(3) Utilizing objective criteria for standards;
(4) Exempting small businesses from any or all requirements of the rule; or
(5) Otherwise establishing less intrusive or less costly alternatives applicable to small business. [1981 c.755 §4; 2003 c.749 §7; 2005 c.807 §6]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.605 - Office of Administrative Hearings.

(1) The Office of Administrative Hearings is established within the Employment Department. The office shall be managed by the chief administrative law judge appointed under ORS 183.610. The office shall make administrative law judges available to agencies under ORS 183.605 to 183.690. Administrative law judges assigned from the office under ORS 183.605 to 183.690 may:
(a) Conduct contested case proceedings on behalf of agencies in the manner provided by ORS 183.605 to 183.690;
(b) Perform such other services, as may be requested by an agency, that are appropriate for the resolution of disputes arising out of the conduct of agency business; and
(c) Perform such other duties as may be authorized under ORS 183.605 to 183.690.
(2) All persons serving as administrative law judges in the office must meet the standards and training requirements of ORS 183.680.
(3) The Employment Department shall provide administrative services to the Office of Administrative Hearings, including budget services, accounting services, procurement services, contracting services, human resources services and information technology services. The services must be provided in a manner that is consistent with law, rules and state policies. The Office of Administrative Hearings shall reimburse the Employment Department for the costs of the services provided. [1999 c.849 §3; 2003 c.75 §2; 2009 c.866 §5]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.610 - Chief administrative law judge.

(1)(a) The Governor shall appoint a person to serve as chief administrative law judge for the Office of Administrative Hearings. The appointment of the chief administrative law judge is subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565.
(b) At the time of appointment, the chief administrative law judge must be an active member of the Oregon State Bar with at least one year of employment experience in administrative law or administrative hearings. Within six months after the appointment, the chief administrative law judge must meet all qualifications required of an administrative law judge under ORS 183.615.
(c) The Governor shall consider recommendations by the Office of Administrative Hearings Oversight Committee in appointing or reappointing a chief administrative law judge.
(d) The chief administrative law judge has all the powers necessary and convenient to organize and manage the office. Subject to the State Personnel Relations Law, the chief administrative law judge shall employ all persons necessary for the administration of the office, prescribe the duties of those employees and fix their compensation.
(e) The chief administrative law judge shall serve for a term of four years.
(f) Upon a vacancy or expected vacancy in the office of chief administrative law judge, the Governor shall notify the Office of Administrative Hearings Oversight Committee and the Oregon State Bar of the vacancy and direct the Employment Department, in coordination with the oversight committee, to conduct a public candidate search, recruitment and application process to assist the oversight committee in making recommendations to the Governor to fill the vacancy. The Governor may appoint an acting chief administrative law judge until the vacancy is filled.
(g) Notwithstanding ORS 236.140, the Governor may remove the chief administrative law judge only for cause, but the Governor may decline to reappoint the chief administrative law judge at the end of the four-year term without cause.
(2) The chief administrative law judge shall employ administrative law judges. The chief administrative law judge shall ensure that administrative law judges employed for the office receive all training necessary to meet the standards required under the program created under ORS 183.680.
(3) The chief administrative law judge shall take all actions necessary to protect and ensure the independence of each administrative law judge assigned from the office. [1999 c.849 §4; 2003 c.75 §3; 2009 c.866 §1; 2023 c.52 §1]