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 183.615 - Administrative law judges; duties; qualifications; rules.

(1) An administrative law judge employed by or contracting with the chief administrative law judge shall conduct hearings on behalf of agencies as assigned by the chief administrative law judge. An administrative law judge shall be impartial in the performance of the administrative law judge’s duties and shall remain fair in all hearings conducted by the administrative law judge. An administrative law judge shall develop the record in contested case proceedings in the manner provided by ORS 183.417 (8).
(2) Only persons who have a knowledge of administrative law and procedure may be employed by the chief administrative law judge as administrative law judges. The chief administrative law judge by rule may establish additional qualifications for administrative law judges employed for the office. [1999 c.849 §5; 2003 c.75 §4; 2007 c.659 §§3,6]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.620 - Contract administrative law judges.

(1) The chief administrative law judge for the Office of Administrative Hearings may contract for the services of persons to act as administrative law judges.
(2) Contract administrative law judges shall meet the same qualifications as administrative law judges regularly employed by the chief administrative law judge and shall be paid at an hourly rate comparable to the per hour cost of salary and benefits for administrative law judges regularly employed by the chief administrative law judge and conducting similar hearings. [1999 c.849 §6; 2003 c.75 §5]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.625 - Assignment of administrative law judges; conduct of hearings.

(1) In assigning an administrative law judge to conduct hearings on behalf of an agency, the chief administrative law judge shall, whenever practicable, assign an administrative law judge that has expertise in the legal issues or general subject matter of the proceeding.
(2) Notwithstanding any other provision of state law, any agency that is required to use administrative law judges assigned from the Office of Administrative Hearings to conduct hearings must delegate responsibility for the conduct of the hearing to an administrative law judge assigned from the Office of Administrative Hearings, and the hearing may not be conducted by the administrator, director, board, commission or other person or body charged with administering the agency.
(3) Any agency may authorize an administrative law judge assigned to conduct a hearing on behalf of the agency under this section to enter a final order for the agency.
(4) An agency that is not required to use administrative law judges assigned from the office may contract with the chief administrative law judge for the assignment of an administrative law judge from the office for the purpose of conducting one or more contested cases on behalf of the agency. [1999 c.849 §7; 2003 c.75 §6]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.630 - Model rules of procedure; exemptions; depositions.

(1) Except as provided in subsection (2) of this section, all contested case hearings conducted by administrative law judges assigned from the Office of Administrative Hearings must be conducted pursuant to the model rules of procedure prepared by the Attorney General under ORS 183.341 if the hearing is subject to the procedural requirements for contested case proceedings.
(2) The Attorney General, after consulting with the chief administrative law judge, may exempt an agency or a category of cases from the requirements of subsection (1) of this section. The exemption may be from all or part of the model rules adopted by the Attorney General. Any exemption granted under this subsection must be made in writing.
(3) The Attorney General shall consult with an advisory group when adopting model rules of procedure for the purpose of contested case hearings conducted by administrative law judges assigned from the Office of Administrative Hearings. The advisory group shall consist of:
(a) The chief administrative law judge;
(b) An officer or employee of a state agency, appointed by the Governor;
(c) An attorney who practices administrative law, appointed by the Oregon State Bar;
(d) A deputy or assistant attorney general appointed by the Attorney General; and
(e) A public member, appointed by the Governor, who is not an attorney or an officer or employee of a state agency.
(4) Except as may be expressly granted by the agency to an administrative law judge assigned from the office, or as may be expressly provided for by law, an administrative law judge conducting a hearing for an agency under ORS 183.605 to 183.690 may not authorize a party to take a deposition that is to be paid for by the agency. [1999 c.849 §8; 2003 c.75 §7; 2009 c.866 §6]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.640 - Use of Office of Administrative Hearings by exempt agencies and by political subdivisions.

(1) Upon request of an agency, the chief administrative law judge for the Office of Administrative Hearings may assign administrative law judges from the office to conduct contested case proceedings on behalf of agencies that are exempted from mandatory use of administrative law judges assigned from the office under ORS 183.635.
(2) The chief administrative law judge may contract with any political subdivision of this state to provide the services of administrative law judges to the political subdivision for the purpose of conducting quasi-judicial hearings on behalf of the political subdivision. [1999 c. 849 §10; 2003 c.75 §9]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.645 - Request for change of administrative law judge; rules.

(1) After assignment of an administrative law judge from the Office of Administrative Hearings to conduct a hearing on behalf of an agency, the chief administrative law judge shall assign a different administrative law judge for the hearing upon receiving a written request from any party in the contested case or from the agency. The chief administrative law judge may by rule establish time limitations and procedures for requests under this section.
(2) Only one request for a change of assignment of administrative law judge under subsection (1) of this section may be granted by the chief administrative law judge without a showing of good cause. If a party or agency fails to make a request under subsection (1) of this section within the time allowed, or if a party or agency objects to an administrative law judge assigned after a request for a different administrative law judge has been granted under subsection (1) of this section, the chief administrative law judge shall assign a different administrative law judge only upon a showing of good cause.
(3) Notwithstanding subsection (1) of this section, a different administrative law judge may not be assigned for a hearing provided under ORS 813.410 or 813.440 on suspension of driving privileges, except upon a showing of good cause. [1999 c.849 §11; 2001 c.294 §8; 2003 c.75 §10]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.650 - Form of order; modification of form of order by agency; finding of historical fact.

(1) In any contested case hearing conducted by an administrative law judge assigned from the Office of Administrative Hearings, the administrative law judge shall prepare and serve on the agency and all parties to the hearing a form of order, including recommended findings of fact and conclusions of law. The administrative law judge shall also prepare and serve a proposed order in the manner provided by ORS 183.464 unless the agency or hearing is exempt from the requirements of ORS 183.464.
(2) If the administrative law judge assigned from the office will not enter the final order in a contested case proceeding, and the agency modifies the form of order issued by the administrative law judge in any substantial manner, the agency must identify the modifications and provide an explanation to the parties to the hearing as to why the agency made the modifications.
(3) An agency conducting a contested case hearing may modify a finding of historical fact made by the administrative law judge assigned from the Office of Administrative Hearings only if the agency determines that there is clear and convincing evidence in the record that the finding was wrong. For the purposes of this section, an administrative law judge makes a finding of historical fact if the administrative law judge determines that an event did or did not occur in the past or that a circumstance or status did or did not exist either before the hearing or at the time of the hearing.
(4) Notwithstanding ORS 19.415 (3), if a party seeks judicial review of an agency’s modification of a finding of historical fact under subsection (3) of this section, the court shall make an independent finding of the fact in dispute by conducting a review de novo of the record viewed as a whole. If the court decides that the agency erred in modifying the finding of historical fact made by the administrative law judge, the court shall remand the matter to the agency for entry of an order consistent with the court’s judgment. [1999 c.849 §12; 2003 c.75 §11; 2009 c.231 §5; 2009 c.866 §7]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.655 - Fees.

The chief administrative law judge for the Office of Administrative Hearings shall establish a schedule of fees for services rendered by administrative law judges assigned from the office. The fee charged shall be in an amount calculated to recover the cost of providing the administrative law judge, the cost of conducting the hearing and all associated administrative costs. All fees collected by the chief administrative law judge under this section shall be paid into the Office of Administrative Hearings Operating Account created under ORS 183.660. [1999 c.849 §13; 2003 c.75 §12]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.660 - Office of Administrative Hearings Operating Account.

(1) The Office of Administrative Hearings Operating Account is created within the General Fund. The account shall consist of moneys paid into the account under ORS 183.655. Moneys credited to the account are continuously appropriated to the chief administrative law judge for the Office of Administrative Hearings created under ORS 183.605 for the purpose of paying expenses incurred in the administration of the office.
(2) At the discretion of the chief administrative law judge, petty cash funds may be established and maintained for the purpose of administering the duties of the office. [1999 c.849 §14; 2003 c.75 §13]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.665 - Estimates of office expenses.

The chief administrative law judge for the Office of Administrative Hearings shall estimate in advance the expenses that the office will incur during each biennium and shall notify each agency required to use the office’s services of the agency’s share of the anticipated expenses for periods within the biennium. [1999 c.849 §15; 2003 c.75 §14]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.670 - Rules.

Subject to the provisions of the State Personnel Relations Law, the chief administrative law judge for the Office of Administrative Hearings may adopt rules to:
(1) Organize and manage the Office of Administrative Hearings established under ORS 183.605.
(2) Facilitate the performance of the duties of administrative law judges assigned from the office.
(3) Establish qualifications for persons employed as administrative law judges by the office.
(4) Establish standards and procedures for the evaluation and training of administrative law judges employed by the office, consistent with standards and training requirements established under ORS 183.680. [1999 c.849 §16; 2003 c.75 §15]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.675 - Alternative dispute resolution.

ORS 183.605 to 183.690 do not limit in any way the ability of any agency to use alternative dispute resolution, including mediation or arbitration, to resolve disputes without conducting a contested case hearing or without requesting assignment of an administrative law judge from the Office of Administrative Hearings. [1999 c.849 §16a; 2003 c.75 §16]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.680 - Standards and training program.

(1) The chief administrative law judge for the Office of Administrative Hearings, working in coordination with the Attorney General, shall design and implement a standards and training program for administrative law judges employed by the office and for persons seeking to be employed as administrative law judges by the office. The program shall include:
(a) The establishment of an ethical code for persons employed as administrative law judges by the office.
(b) Training for administrative law judges employed by the office that is designed to assist in identifying cases that are appropriate for the use of alternative dispute resolution processes.
(2) The program established by the chief administrative law judge under this section may include:
(a) The conducting of courses on administrative law, evidence, hearing procedures and other issues that arise in presiding over administrative hearings, including courses designed to provide any training required by the chief administrative law judge for administrative law judges employed by the office.
(b) The certification of courses offered by other persons for the purpose of any training required by the chief administrative law judge for administrative law judges employed by the office.
(c) The provision of specialized training for administrative law judges in subject matter areas affecting particular agencies required to use administrative law judges assigned from the office.
(3) The chief administrative law judge is bound by the ethical code established under this section and must satisfactorily complete training required of administrative law judges employed by the office other than specialized training in subject matter areas affecting particular agencies. [1999 c.849 §19; 2003 c.75 §17]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.685 - Ex parte communications.

(1) An administrative law judge assigned from the Office of Administrative Hearings who is presiding in a contested case proceeding and who receives an ex parte communication described in subsections (3) and (4) of this section shall place in the record of the pending matter:
(a) The name of each person from whom the administrative law judge received an ex parte communication;
(b) A copy of any ex parte written communication received by the administrative law judge;
(c) A copy of any written response to the communication made by the administrative law judge;
(d) A memorandum reflecting the substance of any ex parte oral communication made to the administrative law judge; and
(e) A memorandum reflecting the substance of any oral response made by the administrative law judge to an ex parte oral communication.
(2) Upon making a record of an ex parte communication under subsection (1) of this section, an administrative law judge shall advise the agency and all parties in the proceeding that an ex parte communication has been made a part of the record. The administrative law judge shall allow the agency and parties an opportunity to respond to the ex parte communication.
(3) Except as otherwise provided in this section, the provisions of this section apply to communications that:
(a) Relate to a legal or factual issue in a contested case proceeding;
(b) Are made directly or indirectly to an administrative law judge while the proceeding is pending; and
(c) Are made without notice and opportunity for the agency and all parties to participate in the communication.
(4) The provisions of this section apply to any ex parte communication made directly or indirectly to an administrative law judge, or to any agent of an administrative law judge, by:
(a) A party;
(b) A party’s representative or legal adviser;
(c) Any other person who has a direct or indirect interest in the outcome of the proceeding;
(d) Any other person with personal knowledge of the facts relevant to the proceeding; or
(e) Any officer, employee or agent of an agency.
(5) The provisions of this section do not apply to:
(a) Communications made to an administrative law judge by other administrative law judges; or
(b) Communications made to an administrative law judge by any person employed by the office to assist the administrative law judge. [1999 c.849 §20; 2003 c.75 §18; 2009 c.866 §9]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.700 - Permits subject to ORS 183.702.

(1) As used in this section and ORS 183.702, "permit" means an individual and particularized license, permit, certificate, approval, registration or similar form of permission required by law to pursue any activity specified in this section, for which an agency must weigh information, make specific findings and make determinations on a case-by-case basis for each applicant.
(2) The requirements of this section and ORS 183.702 apply to the following permits granted by:
(a) The Department of Environmental Quality under ORS 448.415, 454.655, 454.695, 454.790, 454.800, 459.205, 465.315, 465.325, 466.140, 466.145, 466.706 to 466.882, 468A.040, 468A.310, 468B.035, 468B.040, 468B.045, 468B.050 and 468B.095.
(b) The Department of State Lands under ORS 196.800 to 196.900 and 390.805 to 390.925.
(c) The Water Resources Department under ORS chapters 537 and 540, except those permits issued under ORS 537.747 to 537.765.
(d) The State Department of Agriculture pursuant to ORS 468B.200 to 468B.230 and 622.250.
(e) The State Department of Fish and Wildlife pursuant to ORS 497.142, 497.218, 497.228, 497.238, 497.248, 497.252, 497.298, 497.308, 498.019, 498.279, 508.106, 508.300, 508.760, 508.775, 508.801, 508.840, 508.880, 508.926 and 509.140.
(f) The Department of Transportation pursuant to ORS 374.312. [Formerly 183.560]
Note:
183.700 and 183.702 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 183 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.702 - Statement of criteria and procedures for evaluating permit application; documentation of decision on application; required signature.

(1) At the time a person applies for a permit specified in ORS 183.700, the issuing agency shall offer a document to that applicant that specifies the criteria and procedures for evaluating a permit application.
(2) The agencies specified in ORS 183.700 must document in writing the basis for all decisions to deny a permit specified in ORS 183.700, including citation to the criteria applied by the agency and the manner in which agency standards were utilized in applying the criteria. The documentation required under this section shall be made part of the record for the decision on the permit application.
(3) At least one officer or employee of the issuing agency who has authority to sign orders on behalf of the agency, or the officer or employee responsible for the decision to deny a permit specified in ORS 183.700, shall sign the documentation required under subsection (2) of this section.
(4) The issuing agency shall provide to the applicant a copy of the documentation required under subsection (2) of this section. [Formerly 183.562]
Note:
See note under 183.700.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.705 - Extended term for renewed licenses; fees; continuing education; rules.

(1) Notwithstanding any other provision of law, an agency that issues licenses that must be renewed on an annual basis under the laws administered by the agency also may offer those licenses with terms of two, three, four or five years. Notwithstanding any other provision of law, an agency that issues licenses that must be renewed on a biennial basis under the laws administered by the agency also may offer those licenses with terms of three, four or five years. Extended terms may be offered only for renewed licenses and may not be offered for initial applications for licenses.
(2) An agency may offer an extended term under this section for a license issued by the agency only after adopting a rule authorizing the extended term. An agency may adopt a rule authorizing an extended term only if the agency finds that the extended term is consistent with public safety and with the objectives of the licensing requirement. An agency by rule may prohibit extended terms based on prior license discipline of an applicant.
(3) An applicant must meet all qualifications established by the agency to be granted an extended term.
(4) An agency may not offer an extended term under this section if:
(a) Another agency or a local government, as defined by ORS 174.116, is authorized by statute to make a recommendation on the issuance of the license;
(b) The agency or the local government, as defined by ORS 174.116, that has authority to make a recommendation on the issuance of the license has recommended against the issuance of the license; and
(c) The recommendation of the agency or the local government, as defined by ORS 174.116, is based on licensing criteria established by statute or by rule.
(5) An extended term granted under this section may be revoked by an agency if the agency determines that the licensee is subject to discipline under the licensing criteria applicable to the licensee. An agency offering extended terms under this section by rule may establish other grounds for revoking an extended term under this section.
(6) Notwithstanding any other provision of law, an agency that offers an extended term under this section for a license issued by the agency shall increase the annual or biennial license fee established by statute by a percentage no greater than necessary to ensure that there is no revenue loss by reason of the extended term.
(7) Notwithstanding any other provision of law, an agency that offers an extended term under this section for a license issued by the agency shall increase any annual or biennial continuing education requirement established by statute as necessary to ensure that there is no reduction in the continuing education requirement for licensees by reason of the extended term. [2005 c.76 §2; 2007 c.768 §1]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.710 - Definitions for ORS 183.710 to 183.730.

As used in ORS 183.710 to 183.730, unless the context requires otherwise:
(1) "Interim committee" means a committee of the Legislative Assembly that is scheduled to meet when the Legislative Assembly is not in session and that has subject-matter jurisdiction over the state agency that has adopted a rule, as set forth in the subject-matter jurisdiction list developed under ORS 183.724.
(2) "Rule" has the meaning given that term in ORS 183.310.
(3) "State agency" means an agency as defined in ORS 183.310. [Formerly 171.705; 2009 c.81 §1]
Note:
183.710 to 183.730 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 183 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.715 - Submission of adopted rule to Legislative Counsel required.

If a state agency adopts, amends or repeals a rule, the Secretary of State shall electronically submit a copy of the adopted, amended or repealed rule to the Legislative Counsel within 10 days after the agency files the rule in the office of the Secretary of State as provided in ORS 183.355. The electronic transmission of an amended rule that is submitted to the Legislative Counsel must show all changes to the rule by striking through material to be deleted and underlining all new material, or by any other method that clearly shows all new and deleted material. [Formerly 171.707; 1991 c.94 §1; 1999 c.167 §1; 2005 c.18 §2; 2017 c.518 §7]
Note:
See note under 183.710.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.724 - Designation of interim committees for purposes of considering rule reports.

(1) As soon as is practicable after the end of each odd-numbered year regular legislative session, the Legislative Counsel shall develop a list of state agencies with areas of responsibility that are primarily within the subject-matter jurisdiction of interim committees of the Legislative Assembly. The Legislative Counsel shall assign all state agencies to at least one interim committee. The Legislative Counsel may modify the list to reflect changes in interim committees. The Legislative Counsel shall distribute the list to all state agencies whenever the list is developed or modified.
(2) If an interim committee of one house of the Legislative Assembly has overlapping subject-matter jurisdiction with an interim committee of the other house, the Legislative Counsel may assign a state agency to either committee or to both committees. The Legislative Counsel shall strive to assign state agencies so as to ensure that the rule review workload is approximately equally distributed between the interim committees of both houses of the Legislative Assembly.
(3) The consideration of the written findings prepared by the Legislative Counsel on a rule by any one interim committee of either house of the Legislative Assembly satisfies the requirements of ORS 183.710 to 183.730. [2009 c.81 §3; 2011 c.545 §13]
Note:
See note under 183.710.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.730 - Review of rule by Oregon Sunshine Committee.

(1) As used in this section, "public record" has the meaning given that term in ORS 192.311.
(2) The Oregon Sunshine Committee shall include in the plan or schedule for review established under ORS 192.511 an adopted rule of a state agency upon the written request of any person affected by the rule if the adopted rule impacts the disclosure, or exemption from disclosure, of a public record. The request must specify the disclosure or exemption that is of concern.
(3) The committee shall include in the plan or schedule for review established under ORS 192.511 an adopted rule of a state agency upon the written request of a member of the Legislative Assembly if the adopted rule impacts the disclosure, or exemption from disclosure, of a public record. [2017 c.654 §9]
Note:
See note under 183.710.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties › Section 183.750 - State agency required to prepare public writings in readable form.

(1) Every state agency shall prepare its public writings in language that is as clear and simple as possible.
(2) As used in this section:
(a) "Public writing" means any rule, form, license or notice prepared by a state agency.
(b) "State agency" means any officer, board, commission, department, division or institution in the executive or administrative branch of state government. [Formerly 183.025]
Note:
183.750 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 184 - Administrative Services and Transportation Departments › Section 184.010

[Formerly 184.150; 1969 c.80 §13; 1973 c.691 §4; 1975 c.225 §3; 1979 c.182 §5; 1983 c.197 §6; 1989 c.908 §20; renumbered 285.020 in 1991]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 184 - Administrative Services and Transportation Departments › Section 184.025

[1979 c.182 §3; 1983 c.197 §8; 1985 c.806 §14; 1989 c.908 §21; renumbered 285.025 in 1991]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 184 - Administrative Services and Transportation Departments › Section 184.030

[1967 c.397 §15; 1973 c.691 §6; 1983 c.197 §5; 1985 c.70 §2; 1989 c.908 §22; renumbered 285.030 in 1991]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 184 - Administrative Services and Transportation Departments › Section 184.105

[1963 c.580 §17; 1967 c.397 §2; 1969 c.80 §14; 1971 c.57 §2; 1973 c.691 §10; renumbered 184.001]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 184 - Administrative Services and Transportation Departments › Section 184.125

[1963 c.580 §18; 1967 c.397 §4; 1969 c.80 §16; 1971 c.57 §3; 1973 c.691 §11; 1979 c.182 §6; 1983 c.197 §11; 1985 c.70 §5; 1987 c.168 §20; 1989 c.339 §1; 1989 c.908 §23; 1991 c.95 §1; renumbered 285.035 in 1991]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 184 - Administrative Services and Transportation Departments › Section 184.135

[1963 c.580 §19; 1969 c.80 §17; 1971 c.57 §4; 1973 c.691 §12; 1977 c.700 §5; 1983 c.197 §12; 1985 c.70 §4; 1989 c.908 §24; renumbered 285.040 in 1991]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 184 - Administrative Services and Transportation Departments › Section 184.137

[1963 c.580 §20; 1969 c.80 §18; 1971 c.57 §5; 1973 c.691 §13; 1983 c.197 §13; renumbered 285.045 in 1991]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 184 - Administrative Services and Transportation Departments › Section 184.160

[1957 c.624 §6; 1969 c.80 §20; 1973 c.691 §14; 1979 c.182 §7; 1981 c.316 §1; 1983 c.197 §14; 1985 c.70 §3; 1987 c.562 §8; 1987 c.775 §6; 1989 c.908 §25; 1991 c.149 §1; renumbered 285.050 in 1991]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 184 - Administrative Services and Transportation Departments › Section 184.198

[1967 c.397 §9; 1973 c.691 §9; 1975 c.371 §6; 1983 c.197 §15; renumbered 285.110 in 1991]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 184 - Administrative Services and Transportation Departments › Section 184.225

[1985 c.778 §1; 1987 c.836 §1; 1989 c.851 §1; 1989 c.1015 §23a; renumbered 285.120 in 1991]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 184 - Administrative Services and Transportation Departments › Section 184.305 - Oregon Department of Administrative Services.

The Oregon Department of Administrative Services is created. The purpose of the Oregon Department of Administrative Services is to improve the efficient and effective use of state resources by providing:
(1) Government infrastructure services that can best be provided centrally, including but not limited to purchasing, risk management, facilities management, surplus property and motor fleet;
(2) Rules and associated performance reviews of agency compliance with statewide policies;
(3) Leadership in implementing a statewide performance measurement program;
(4) State employee workforce development and training;
(5) Personnel systems that promote fair, responsive and cost-effective human resource management;
(6) Objective, credible management information for, and analysis of, statewide issues for policymakers; and
(7) Statewide financial administrative systems. [1969 c.80 §1(1),(2),(3); 1971 c.57 §9; 1993 c.18 §32; 1993 c.500 §2; 2015 c.807 §15a]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 184 - Administrative Services and Transportation Departments › Section 184.315 - Director of Oregon Department of Administrative Services; confirmation; compensation; bond.

(1) The Oregon Department of Administrative Services shall be under the supervision and control of a director, who shall be responsible for the functions of the department. The Governor may, however, assume the office of director of the department whenever and for whatever time the Governor deems advisable, but shall receive no increased compensation for doing so.
(2) Subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565, the Governor shall appoint the director, who shall hold office at the pleasure of the Governor. The person appointed as director shall be well qualified by training and experience to perform the functions of the office.
(3) An appointed director of the department shall receive such salary as is provided by law or, if not so provided, as is fixed by the Governor.
(4) Before entering upon the functions of office, the director shall give to the state a fidelity bond with one or more corporate sureties authorized to do business in this state in the penal sum fixed by the Governor. [Formerly 291.007; 1973 c.792 §4]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 184 - Administrative Services and Transportation Departments › Section 184.325 - Duties of director; administrative divisions; appointive power; exception.

(1) The Director of the Oregon Department of Administrative Services, with the approval of the Governor, shall organize and reorganize the department in the manner the director considers necessary to conduct the work of the department properly.
(2) The functions of the department may be divided into administrative divisions or staff offices. Each division or office shall be under the supervision of a person appointed by the director, with the approval of the Governor. The appointee shall serve at the pleasure of the director, not be subject to the State Personnel Relations Law, and be well qualified by technical training and experience in the functions the appointee is to perform. [Formerly 291.005; 1979 c.468 §27]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 184 - Administrative Services and Transportation Departments › Section 184.335 - Deputy director; subordinate officers.

(1) With the approval of the Governor, the director may appoint a deputy director who shall serve at the pleasure of the director, not be subject to the State Personnel Relations Law, and have full authority to act for the director, subject to the control of the director. The appointment of the deputy director shall be by written order, filed with the Secretary of State.
(2) Except as provided in ORS 184.325 and subsection (1) of this section, the director, subject to applicable provisions of the State Personnel Relations Law, shall appoint all subordinate officers and employees of the department, prescribe their functions and fix their compensation. [Formerly 291.009]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 184 - Administrative Services and Transportation Departments › Section 184.340 - Rules.

The Oregon Department of Administrative Services, with the approval of the Governor, may:
(1) Adopt reasonable rules and regulations that are necessary or proper for the administration of the laws that the department is charged with administering; and
(2) Adopt by rule uniform policies or procedures applicable to multiple state agencies, boards or commissions. [Formerly 291.013; 2015 c.30 §1]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 184 - Administrative Services and Transportation Departments › Section 184.345 - Oregon Department of Administrative Services to provide services to certain agencies on reimbursable basis.

The Oregon Department of Administrative Services may provide on a reimbursable basis administrative and other services, as agreed upon, to a state agency as defined in ORS 291.002. [1969 c.597 §268; 1987 c.320 §143; 1995 c.551 §9; 1999 c.59 §41; 2009 c.595 §164; 2013 c.656 §11; 2016 c.117 §5]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 184 - Administrative Services and Transportation Departments › Section 184.351 - Corrections population forecasts.

(1) The Oregon Department of Administrative Services shall issue state corrections population forecasts including, but not limited to, expected populations of prisons and jails and community corrections caseloads, to be used by:
(a) The Department of Corrections in preparing budget requests;
(b) The Oregon Criminal Justice Commission in considering amendments to sentencing guidelines; and
(c) Any other state agency concerned with the effect of offender populations or policy developments on budgeting.
(2) The Oregon Department of Administrative Services shall issue state corrections population forecasts on April 1 and October 1 of each year.
(3) When the Oregon Department of Administrative Services issues a state corrections population forecast, the forecast must, whenever possible:
(a) Identify the forecast’s margin of error; and
(b) Attribute growth or decline in the forecast, relative to previously issued forecasts, to specific policies or to specific components of the baseline underlying the forecast.
(4) As used in this section, "baseline underlying the forecast" includes population demographics and crime trends. [1995 c.420 §12; 2013 c.649 §40]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 184 - Administrative Services and Transportation Departments › Section 184.360 - Internal audits in state government; policy; reports; rules.

(1) As used in this section:
(a) "Executive department" has the meaning given that term in ORS 174.112.
(b) "State government" has the meaning given that term in ORS 174.111.
(2) It is the policy of this state that internal audit activities within state government be coordinated to promote effectiveness.
(3) The Oregon Department of Administrative Services shall adopt rules setting standards and policies for internal audit functions within state government. The rules shall include, but are not limited to:
(a) Standards for internal audits that are consistent with and incorporate commonly recognized industry standards and practices; and
(b) Policies and procedures that ensure the integrity of the internal audit process.
(4) Each agency of the executive department required to have an internal audit function shall produce a risk assessment of the entire agency that conforms to audit standards established by nationally recognized entities such as the United States Government Accountability Office or the Institute of Internal Auditors. The agency shall use its risk assessment as the basis for the selection and performance of at least one internal audit per calendar year.
(5) Each agency of the executive department required to have an internal audit function shall audit a component of its governance and risk management processes at least once every five years and file a report with the Oregon Department of Administrative Services.
(6) Not later than December 31 of each calendar year, the Oregon Department of Administrative Services shall prepare a report describing internal audit activities that have occurred in state government during the calendar year in which the report is prepared. The department shall submit the report to the Joint Legislative Audit Committee. In the absence of the Joint Legislative Audit Committee, the department shall submit the report to the Joint Committee on Ways and Means, the Joint Interim Committee on Ways and Means, the Emergency Board or another committee of the Legislative Assembly designated by the President of the Senate and the Speaker of the House of Representatives to receive the report. [2005 c.373 §1; 2009 c.578 §1; 2012 c.107 §6]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 184 - Administrative Services and Transportation Departments › Section 184.365 - Authority of Oregon Department of Administrative Services to require fingerprints.

(1) As used in this section, "qualified entity" means an entity of the executive department, as defined in ORS 174.112, that contracts with, or that is a party to an interagency agreement with, the Oregon Department of Administrative Services for the purpose of receiving human resource services from the department.
(2) For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the department may require the fingerprints of a person who:
(a)(A) Is employed by or applying for employment with the department;
(B) Is employed by or applying for employment with a qualified entity; or
(C) Provides services or seeks to provide services to the department or a qualified entity as a contractor, vendor or volunteer; and
(b) Is, or will be, working or providing services in a position:
(A) In which the person is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems;
(B) In which the person has access to information, the disclosure of which is prohibited by state or federal laws, rules or regulations or information that is defined as confidential under state or federal laws, rules or regulations;
(C) That has payroll functions or in which the person has responsibility for receiving, receipting or depositing money or negotiable instruments, for billing, collections or other financial transactions or for purchasing or selling property or has access to property held in trust or to private property in the temporary custody of the state;
(D) That has mailroom duties as the primary duty or job function of the position;
(E) In which the person has responsibility for auditing the department or other governmental agencies;
(F) That has personnel or human resources functions as one of the position’s primary responsibilities;
(G) In which the person has access to personal information about employees or members of the public including Social Security numbers, dates of birth, driver license numbers, medical information, personal financial information or criminal background information;
(H) In which the person has access to chemicals or hazardous materials, to facilities in which chemicals and hazardous materials are present or to information regarding the transportation of chemical or hazardous materials;
(I) In which the person has access to property to which access is restricted in order to protect the health or safety of the public;
(J) In which the person provides security, design or construction services for government buildings, grounds or facilities; or
(K) In which the person has access to critical infrastructure or security-sensitive facilities or information. [2005 c.730 §9; 2017 c.560 §1]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 184 - Administrative Services and Transportation Departments › Section 184.370 - Training program.

(1) As used in this section:
(a) "Executive department" has the meaning given that term in ORS 174.112.
(b) "Small entity" means an agency or department that has a staff of fewer than 50 full-time equivalent employees.
(2) The Oregon Department of Administrative Services shall develop and administer, or shall enter into a contract with a private entity to develop and administer, a training program that provides training and instruction on:
(a) Oregon government ethics laws;
(b) Restrictions on political activity that apply to public officials and public employees;
(c) Oregon public records laws;
(d) Oregon public meetings laws;
(e) Operation and management of boards, commissions and other small entities of the executive department; and
(f) Other topics that the department determines may be beneficial for new members or new administrators or directors of boards, commissions and other small entities of the executive department.
(3) The training program shall be designed to facilitate understanding of and compliance with the requirements of the laws that are the subject of the training.
(4) The training program shall be offered at least four times per year to all new members and new administrators and directors of any board, commission or other small entity of the executive department.
(5) Each new member and new administrator or director of a board, commission or other small entity of the executive department shall attend the training described in this section within six months of the start of the member’s service, or administrator or director’s employment, with a board, commission or other small entity of the executive department. A member, administrator or director who has attended the training once need not attend the training again in the event of a transfer to another board, commission or other small entity of the executive department, if there has been no break in service of longer than 12 months.
(6) The department shall consider whether the training program required under this section should be conducted online. [2015 c.679 §1]