reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 128 - DEPARTMENT OF ADMINISTRATIVE SERVICES, OFFICE OF THE STATE CHIEF INFORMATION OFFICER › Division 10 - Providing Broadband Services and Operations to Non-State Entities › Section 128-010-0035 - Opportunity Notice to Telecommunications Providers and Other Interested Parties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Office will
			 provide an Opportunity Notice to Telecommunications Providers and other
			 interested parties that the Office seeks information to determine if any
			 proposed Broadband services and operations are already offered by a
			 Telecommunications Provider(s) in the area meeting or exceeding the proposed
			 plan developed by the Office.
(2)
			 The Office will provide notice of an Opportunity Notice as provided in Section
			 15(1)(e) of these Division 10 rules and to any parties that the requestor
			 associated with an Opportunity Notice asks to be notified of the Opportunity
			 Notice.
(3) The Opportunity Notice
			 may include a request for information or a request for quotes from
			 Telecommunications Providers that are intended to allow Telecommunications
			 Providers to demonstrate their ability to provide the Broadband services and
			 operations proposed by the Office to the Site proposed to be served within a
			 reasonable time and for a reasonable cost.
(4) The Office may amend an Opportunity
			 Notice at any time either on its own initiative, or in response to a request to
			 amend the Opportunity Notice by the requestor.
(5) Any Telecommunications Provider or
			 interested parties may submit a notice that it intends to submit an offer to
			 provide the requested services within thirty (30) calendar days of the date of
			 the Opportunity Notice or any later date set forth in the Opportunity Notice.
			 The Telecommunications Provider or other interested party must submit an offer
			 to provide the requested services within such time as set forth in the
			 Opportunity Notice.
(6) The Office
			 may cancel an Opportunity Notice at any time, and for any reason. However, the
			 Office may not provide Broadband services to any Site of a Non-State Entity
			 that has been the subject of a cancelled Opportunity Notice unless it follows
			 the procedures set forth in these Division 10 rules.
(7) Nothing in these Division 10 rules shall
			 be construed to prohibit a telecommunication provider or any other person from
			 communicating with requestor regarding an Opportunity Notice.
Statutory/Other Authority: ORS 276A
Statutes/Other Implemented: Or Laws 2018, ch 51 (HB
				  4023)
Oregon Administrative Rules › Chapter 128 - DEPARTMENT OF ADMINISTRATIVE SERVICES, OFFICE OF THE STATE CHIEF INFORMATION OFFICER › Division 10 - Providing Broadband Services and Operations to Non-State Entities › Section 128-010-0040 - Review of the Telecommunications provider Offer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Office will review all the offers submitted by the Telecommunications Providers
			 to determine if the proposed Broadband services and operations are "already
			 offered" by a Telecommunications Provider.
(2) The proposed Broadband services and
			 operations are "already offered" within a reasonable time and at a reasonable
			 cost and within an area to a particular Site if a Telecommunications Provider
			 offers to provide the Broadband services and operations to the Non-State
			 Entity:
(a) With reasonably equivalent
			 specifications to those proposed to be provided by the Office; and
(b) At local or regional market rate or at a
			 cost reasonably equal to the Office's estimated costs as set forth in the
			 Opportunity Notice to provide the Broadband services and operations. For
			 purposes of making this determination, the Office may consider total cost of
			 ownership over a specified number of years, as set forth in the Opportunity
			 Notice; and
(c) Within 30 calendar
			 days of the date that the Office proposes to provide the Broadband services and
			 operations.
Oregon Administrative Rules › Chapter 128 - DEPARTMENT OF ADMINISTRATIVE SERVICES, OFFICE OF THE STATE CHIEF INFORMATION OFFICER › Division 10 - Providing Broadband Services and Operations to Non-State Entities › Section 128-010-0045 - Community of Interest

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Community of Interest. An entity may apply to the Office to be classified as a Community of Interest for purpose of these rules by submitting an application to the Office that includes the following items and required information:
(a) Applicant's name, home and office addresses and telephone numbers.
(b) Applicant's mailing address, if different from its listed home and office addresses.
(c) Evidence of applicant's nonprofit and tax exempt status under section  501(c)(3) of the Internal Revenue Code of 1986 (a copy of the Internal Revenue Service determination letter, or advance ruling, indicating that applicant is a section 501(c)(3) tax exempt organization shall meet this requirement).
(d) Evidence that applicant has complied with the relevant provisions of ORS 65.001 to 65.990, and is registered with the Oregon Secretary of State to do business in Oregon as a nonprofit corporation.
(e) Statement and supporting evidence that applicant's mission is primarily to conduct activities for the direct benefit or good to the public or community-at-large in Oregon in one or more of the following public service areas:
(A) Educational
(B) Economic Development
(C) Health Care
(D) Human Services
(E) Public Safety
(F) Library
(f) Identification of the community-at-large served, if not readily apparent from the applicant's mission and activity statement and description.
(g) Evidence of applicant's current affiliation with a federal, state or local governmental unit within the State of Oregon, if any.
(h) Signature of applicant or its authorized representative.
Oregon Administrative Rules › Chapter 128 - DEPARTMENT OF ADMINISTRATIVE SERVICES, OFFICE OF THE STATE CHIEF INFORMATION OFFICER › Division 10 - Providing Broadband Services and Operations to Non-State Entities › Section 128-010-0050 - Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
A Telecommunications Provider or other interested party may
				appeal any determination made by the Office under these rules pursuant to the
				Administrative Procedures Act.
Statutory/Other Authority: ORS 276A
Statutes/Other Implemented: Or Laws 2018, ch 51 (HB
				  4023)
Oregon Administrative Rules › Chapter 128 - DEPARTMENT OF ADMINISTRATIVE SERVICES, OFFICE OF THE STATE CHIEF INFORMATION OFFICER › Division 20 - STATE INFORMATION TECHNOLOGY ASSET PROTECTION - COVERED VENDORS › Section 128-020-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The State Chief Information Officer has
			 responsibility for and authority over executive department information systems
			 security in accordance with ORS 276A.300, including responsibility for taking
			 all measures that are reasonably necessary to protect the availability,
			 integrity or confidentiality of information systems or the information stored
			 in information systems.
(2) The
			 primary purpose of these rules is to establish the criteria and processes by
			 which the State Chief Information Officer will determine when a corporate
			 entity poses a national security threat, and when a corporate entity no longer
			 poses a national security threat. These rules define "national security threat"
			 for purposes of protecting state information technology assets.
Statutory/Other Authority: ORS 276A.300
Statutes/Other Implemented: Or Laws 2023, ch 256 (HB
				  3127)
Oregon Administrative Rules › Chapter 128 - DEPARTMENT OF ADMINISTRATIVE SERVICES, OFFICE OF THE STATE CHIEF INFORMATION OFFICER › Division 20 - STATE INFORMATION TECHNOLOGY ASSET PROTECTION - COVERED VENDORS › Section 128-020-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of these Chapter 020 rules, the following
				definitions apply:
(1) "Corporate
			 entity" means any type of organization or legal entity other than an individual
			 natural person, such as a corporation, partnership, limited liability company,
			 or other organization, whether incorporated or unincorporated.
(2) "Covered product" means any form of
			 hardware, software or service provided by a covered vendor.
(3) "Covered vendor" means any of the
			 following corporate entities, or any parent, subsidiary, affiliate, or
			 successor entity of:
(a) The following
			 corporate entities:
(A) Ant Group Co.,
			 Limited;
(B) ByteDance
			 Limited;
(C) Huawei Technologies
			 Company Limited;
(D) Kaspersky
			 Lab;
(E) Tencent Holdings Limited;
			 and
(F) ZTE Corporation.
Oregon Administrative Rules › Chapter 128 - DEPARTMENT OF ADMINISTRATIVE SERVICES, OFFICE OF THE STATE CHIEF INFORMATION OFFICER › Division 20 - STATE INFORMATION TECHNOLOGY ASSET PROTECTION - COVERED VENDORS › Section 128-020-0015 - Covered Vendor List

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The State
			 Chief Information Officer shall establish a list of covered vendors on its
			 publicly accessible website, inclusive of information sufficient to identify
			 covered products, and the date that each covered vendor was designated as a
			 national security threat. The State Chief Information Officer shall maintain
			 and update this list in accordance with the policies and procedures adopted
			 pursuant to OAR 128-020-0025, Designation Process.
(2) Subject to allowable investigatory,
			 regulatory, or law enforcement exceptions, and all applicable policies and
			 procedures, no covered products of a corporate entity listed as a covered
			 vendor on the list maintained by the State Chief Information Officer under this
			 Division 20 may be installed or downloaded onto a state information technology
			 asset that is under the management or control of a state agency, or used or
			 accessed by a state information technology asset.
Statutory/Other Authority: ORS 276A.300
Statutes/Other Implemented: Or Laws 2023, ch 256 (HB
				  3127)
Oregon Administrative Rules › Chapter 128 - DEPARTMENT OF ADMINISTRATIVE SERVICES, OFFICE OF THE STATE CHIEF INFORMATION OFFICER › Division 20 - STATE INFORMATION TECHNOLOGY ASSET PROTECTION - COVERED VENDORS › Section 128-020-0020 - Designation Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
The State Chief Information Officer will consider one or more
				of the following criteria when determining if a corporate entity is a national
				security threat:
(1) The corporate
			 entity owns or otherwise provides a product or service that was developed or
			 provided by a covered vendor.
(2)
			 The extent to which the corporate entity is affiliated with a covered
			 vendor.
(3) The corporate entity
			 owns or otherwise provides a product or service that collects user data,
			 including but not limited to personal information, browsing history, and
			 location history, that is not required for or grossly exceeds the minimum
			 necessary user data for the product or service.
(4) The corporate entity owns or otherwise
			 provides a product or service that collects user data, such as biometric data,
			 contact information, GPS locations, chat logs, photos and browser histories,
			 personal information, browsing history, and location history, that is
			 potentially or currently accessible by foreign governments or foreign state
			 actors.
(5) The corporate entity
			 owns or otherwise provides a product or service that has security
			 vulnerabilities that, if unresolved, could expose state information technology
			 assets to malicious actors.
(6) The
			 corporate entity owns or otherwise provides a product or service developed or
			 provided by a corporate entity that has been designated a national security
			 threat or otherwise meets the criteria of a covered vendor under OAR
			 128-020-0010.
(7) The corporate
			 entity owns or otherwise provides a product or service that supports the
			 administrative use of algorithmic modifications to conduct misinformation,
			 disinformation, or malinformation campaigns.
(8) The corporate entity owns or otherwise
			 provides a product or service that has the potential to control or compromise
			 state information technology assets.
Statutory/Other Authority: ORS 276A.300
Statutes/Other Implemented: Or Laws 2023, ch 256 (HB
				  3127)
Oregon Administrative Rules › Chapter 128 - DEPARTMENT OF ADMINISTRATIVE SERVICES, OFFICE OF THE STATE CHIEF INFORMATION OFFICER › Division 20 - STATE INFORMATION TECHNOLOGY ASSET PROTECTION - COVERED VENDORS › Section 128-020-0025 - Designation Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Enterprise
			 Information Services shall adopt and implement a policy and procedure that
			 establishes the schedule for review of corporate entities associated with
			 hardware, software, and services against the criteria in OAR 128-020-0020, and
			 under which Enterprise Information Services will update its covered vendor list
			 to reflect designations made pursuant to the Secure and Trusted Communications
			 Networks Act of 2019,  47 USC 1601, et seq, including as amended. If review or
			 other update identifies that a corporate entity is or may be a national
			 security threat, the State Chief Information Officer will determine if the
			 corporate entity should be designated as a covered vendor.
(2) The determination of the State Chief
			 Information Officer will be reflected in an update of the covered vendor list
			 on the publicly accessible Enterprise Information Services website.
Statutory/Other Authority: ORS 276A.300
Statutes/Other Implemented: Or Laws 2023, ch 256 (HB
				  3127)
Oregon Administrative Rules › Chapter 128 - DEPARTMENT OF ADMINISTRATIVE SERVICES, OFFICE OF THE STATE CHIEF INFORMATION OFFICER › Division 20 - STATE INFORMATION TECHNOLOGY ASSET PROTECTION - COVERED VENDORS › Section 128-020-0030 - De-Designation Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
The State Chief Information Officer will consider one or more
				of the designation criteria in OAR 128-020-0020  when de-designating or
				re-evaluating a corporate entity's status as a national security
				threat.
Statutory/Other Authority: ORS 276A.300
Statutes/Other Implemented: Or Laws 2023, ch 256 (HB
				  3127)
Oregon Administrative Rules › Chapter 128 - DEPARTMENT OF ADMINISTRATIVE SERVICES, OFFICE OF THE STATE CHIEF INFORMATION OFFICER › Division 20 - STATE INFORMATION TECHNOLOGY ASSET PROTECTION - COVERED VENDORS › Section 128-020-0035 - De-Designation Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If review or
			 other update received pursuant to the process and procedure established under
			 OAR 128-020-0025, Designation Process, identifies that a corporate entity may
			 no longer pose a national security threat, the State Chief Information Officer
			 will determine if the corporate entity should be removed from the covered
			 vendor list.
(2) The determination
			 of the State Chief Information Officer will be reflected in an update of the
			 covered vendor list on the publicly accessible Enterprise Information Services
			 website.
Statutory/Other Authority: ORS 276A.300
Statutes/Other Implemented: Or Laws 2023, ch 256 (HB
				  3127)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 1 - MODEL RULES FOR RULEMAKING › Section 137-001-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of OAR 137-001-0005  to 137-005-0070, unless
				otherwise defined therein, the words and phrases used in these rules have the
				same meaning as given to them in ORS
				183.310 and:
(1) "Consensus" means a decision developed by
			 a collaborative DR process that each participant can accept;
(2) "Convenor" means a person who aids in
			 identifying appropriate issues and members for a collaborative rulemaking
			 committee to develop a proposed rule, or who aids in identifying issues and
			 participants for a collaborative dispute resolution process;
(3) "Collaborative dispute resolution
			 process" or "collaborative DR process" means any process by which a
			 collaborative dispute resolution provider assists the participants in working
			 together to develop a mutually acceptable resolution to a controversy. A
			 collaborative DR process does not include:
(a)
			 Contested case hearings; or
(b)
			 Meetings, outside of a collaborative rulemaking process, in which a facilitator
			 is used solely to lead an orderly meeting, manage an agenda or assist the group
			 in accomplishing tasks and the facilitator is not attempting to resolve a
			 controversy by developing consensus among the participants.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 1 - MODEL RULES FOR RULEMAKING › Section 137-001-0007 - Public Input Prior to Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The agency may seek public input before
			 giving notice of intent to adopt, amend, or repeal a rule. Depending upon the
			 type of rulemaking anticipated, the agency may appoint an advisory committee,
			 solicit the views of persons on the agency's mailing list maintained pursuant
			 to ORS 183.335(8), or
			 use any other means to obtain public views to assist the agency.
(2) If the agency appoints an advisory
			 committee, the agency shall make a good faith effort to ensure that the
			 committee's members represent the interests of persons likely to be affected by
			 the rule. The meetings of the advisory committee shall be open to the
			 public.
(3) If the advisory
			 committee indicates that the rule will have a significant adverse impact on
			 small businesses, the agency will seek the advisory committee's recommendations
			 on compliance with ORS
			 183.540.
(4) The agency will consider recommendations
			 from the advisory committee in preparing the statement of fiscal impact
			 required by ORS 183.335(2)(b)(E).
Stat. Auth.: ORS
				  183.341
Stats. Implemented: ORS
				  183.341 &
				  183.333
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 1 - MODEL RULES FOR RULEMAKING › Section 137-001-0008 - Assessment for Use of Collaborative Process in Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The agency may,
			 in its discretion, conduct an assessment to determine if collaborative
			 rulemaking is appropriate and, if so, under what conditions. The agency may
			 consider any relevant factors, including whether:
(a) There is a need for a rulemaking
			 action;
(b) The persons, interest
			 groups or entities that will be significantly affected by any rulemaking action
			 resulting from the collaborative rulemaking process:
(A) Are not so numerous that it would be
			 impractical to convene a collaborative rulemaking committee;
(B) Can be readily identified;
(C) Are willing to participate in the
			 collaborative rulemaking;
(D) Are
			 willing to negotiate in good faith; and
(E) Have the time, resources and ability to
			 participate effectively in a collaborative rulemaking process;
(c) The persons identified as
			 representative of the interests of a group of persons or of an organization
			 have sufficient authority to negotiate on behalf of the group or organization
			 they represent;
(d) There is a
			 reasonable likelihood that a committee will reach a consensus on the proposed
			 rulemaking action within an appropriate period of time to avoid unreasonable
			 delay in the agency's final rulemaking;
(e) The interest of the agency is in joint
			 problem-solving, agreement or consensus which could best be met through
			 collaborative rulemaking, and not solely in obtaining public comment,
			 consultation or feedback, which may be addressed through an advisory
			 committee;
(f) If the public
			 involvement objectives of ORS
			 183.333 are best met through the
			 use of a collaborative rulemaking process.
(g) The agency has adequate resources and is
			 willing to commit such resources, including technical assistance, to the
			 committee;
(h) The agency, to the
			 extent consistent with its legal obligations, will use the consensus of the
			 committee with respect to the proposed rulemaking action as the basis for a
			 notice of intended adoption, amendment, or repeal of a rule pursuant to ORS
			 183.335; and
(i) Whether a collaborative rulemaking
			 committee should also serve as an advisory committee under ORS
			 183.333(1).
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 1 - MODEL RULES FOR RULEMAKING › Section 137-001-0009 - Use of Collaborative Dispute Resolution in Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If, after
			 consideration of the factors set out in OAR 137-001-0008, the agency
			 establishes a collaborative rulemaking committee, the agency shall inform the
			 committee regarding:
(a) The membership of
			 the rulemaking committee;
(b)
			 Whether or not the agency will be a member of the committee;
(c) A proposed agenda and schedule for
			 completing the work of the committee, including a target date for publication
			 by the agency of any intended rulemaking action pursuant to ORS
			 183.335; and
(d) Whether or not the rulemaking committee
			 also serves as an advisory committee under ORS
			 183.333(1) and
			 is therefore subject to ORS
			 183.333(3) and
			 (4).
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 1 - MODEL RULES FOR RULEMAKING › Section 137-001-0011 - Permanent Rulemaking Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The agency will give notice of proposed permanent rulemaking to those listed in
			 the rule adopted under ORS
			 183.341(4) and
			 to legislators specified by
			 183.335(15) by
			 mailing, electronic mailing, or personally delivering a copy of the rule or
			 rules as proposed and a copy of the notice required under
			 183.335(2). In
			 lieu of providing a copy of the rule or rules as proposed, the agency may
			 describe the subject matter of the rule or rules and state how and where a copy
			 may be obtained on paper, via electronic mail, or from a specified web site. If
			 the agency posts the rule or rules on a web site, the agency must provide a web
			 address or link sufficient to enable a person to find the rules easily. Failure
			 to provide a web address or link shall not affect the validity of any
			 rule.
(2) Persons who have asked
			 the agency to send notices of proposed rulemaking to them pursuant to ORS
			 183.335(8) may
			 choose to receive copies of the proposed rule or rules and notice required
			 under 183.335(2) by
			 mail.
(3) If the agency offers it,
			 persons who have asked the agency to send notices of proposed rulemaking to
			 them pursuant to ORS 183.335(8) may
			 choose to receive:
(a) An abbreviated form of
			 mailed notice containing the caption, summary, and information about how to
			 comment, required by ORS
			 183.335(2)(a),
			 accompanied by a reference to a web site where copies of the proposed rule or
			 rules and other information required by
			 183.335(2) are
			 posted or
(b) Notice by electronic
			 mail that either contains the proposed rule or rules and the notice required
			 under ORS 183.335(2) as
			 attachments or provides a reference to a web site where the notice and the
			 rule(s) are posted.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 1 - MODEL RULES FOR RULEMAKING › Section 137-001-0018 - Limitation of Economic Effect on Small Businesses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before the adoption of a permanent rule,
			 the agency will determine whether the economic effect upon small business is
			 significantly adverse, based upon:
(a) The
			 economic effect analysis under ORS
			 183.335(2)(b)(E);
(b) The statement of cost of compliance
			 effect on small businesses described in ORS
			 183.336;
(c) Recommendations from any advisory
			 committee appointed under ORS
			 183.333(1) or
			 from any fiscal impact advisory committee, if any, appointed under ORS
			 183.333(5);
			 and
(d) Comments made in response
			 to its rulemaking notice.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 1 - MODEL RULES FOR RULEMAKING › Section 137-001-0030 - Conduct of Rulemaking Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The hearing to consider a rule shall be
			 conducted by and shall be under the control of the presiding officer. The
			 presiding officer may be the chief administrative officer of the agency, a
			 member of its governing body, or any other person designated by the
			 agency.
(2) At the beginning of the
			 hearing, any person wishing to be heard shall provide their name, address, and
			 affiliation to the presiding officer. The presiding officer may also require
			 that the person complete a form showing any other information the presiding
			 officer deems appropriate. Additional persons may be heard at the discretion of
			 the presiding officer.
(3) At the
			 beginning of the hearing, the presiding officer must summarize, to the extent
			 requested by any participant, the content of the notice given under ORS
			 183.335.
(4) Subject to the discretion of the
			 presiding officer, the order of the presentation shall be:
(a) Statements of proponents;
(b) Statements of opponents; and
(c) Statements of other witnesses present and
			 wishing to be heard.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 1 - MODEL RULES FOR RULEMAKING › Section 137-001-0040 - Rulemaking Record

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The agency
			 shall maintain a record of any data or views it receives in response to a
			 notice of intent to adopt, amend, or repeal a rule.
(2) If a hearing is held, the agency may
			 require the presiding officer, within a reasonable time after the hearing, to
			 provide the agency a written summary of statements given and exhibits received
			 and a report of the officer's observations of physical experiments,
			 demonstrations, or exhibits. The presiding officer may make recommendations but
			 such recommendations are not binding upon the agency.
(3) The rulemaking record shall be maintained
			 by the rules coordinator. The agency shall make the rulemaking record available
			 to members of the public upon request.
(4) The rulemaking record will include:
(a) The presiding officer's summary of or a
			 recording of oral submissions received at the hearing, and the presiding
			 officer's recommendation, if any;
(b) Any written comments received in response
			 to the notice of rulemaking;
(c)
			 The recommendations of an advisory committee or fiscal impact advisory
			 committee, if any, appointed under ORS
			 183.333;
(d) The agency's statements of the objective
			 of the rule, including how the agency will evaluate whether the rule
			 accomplishes the objective, when required by ORS
			 183.335(3)(d);
(e) Any public comment received in response
			 to the request for comments made pursuant to ORS
			 183.335(2)(b)(G);
(f) The notice of the agency's intended
			 action, required by ORS
			 183.335(1) and
			 (2); and
(g) A copy of the filing with the Secretary
			 of State, required by ORS
			 183.355(1) or
			 (3).
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 1 - MODEL RULES FOR RULEMAKING › Section 137-001-0050 - Agency Rulemaking Action

Current through Register Vol. 63, No. 7, July 1, 2024
At the conclusion of the hearing, or after receipt of the
				presiding officer's requested report and recommendation, if any, the agency may
				adopt, amend, or repeal rules covered by the notice of intended action. The
				agency shall fully consider all written and oral submissions.
Stat. Auth.: ORS 183
Stats. Implemented: ORS
				  183.335(3)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 1 - MODEL RULES FOR RULEMAKING › Section 137-001-0060 - Secretary of State Rule Filing

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The agency shall file in the office of the Secretary of State a certified copy
			 of each adopted or amended rule and each order repealing an agency
			 rule.
(2) The rule or order shall
			 be effective upon filing with the Secretary of State unless a different
			 effective date is required by statute or specified in the rule or
			 order.
Stat. Auth.: ORS
				  183.341
Stats. Implemented: ORS
				  183.341 &
				  183.355
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 1 - MODEL RULES FOR RULEMAKING › Section 137-001-0070 - Petition to Promulgate, Amend, or Repeal Rule

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 137-001-0070  was adopted by the Attorney General as
				required by ORS 183.390. Agencies must apply
				this rule without further adoption or amendment.
(1) An interested person may petition an
			 agency to adopt, amend, or repeal a rule. The petition shall state the name and
			 address of the petitioner and any other person known to the petitioner to be
			 interested in the rule. The petition shall be legible, signed by or on behalf
			 of the petitioner, and shall contain a detailed statement of:
(a) The rule petitioner requests the agency
			 to adopt, amend, or repeal. When a new rule is proposed, the petition shall set
			 forth the proposed language in full. When an amendment of an existing rule is
			 proposed, the rule shall be set forth in the petition in full with matter
			 proposed to be deleted and proposed additions shown by a method that clearly
			 indicates proposed deletions and additions;
(b) Facts or arguments in sufficient detail
			 to show the reasons for and effects of adoption, amendment, or repeal of the
			 rule;
(c) All propositions of law
			 to be asserted by petitioner.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 1 - MODEL RULES FOR RULEMAKING › Section 137-001-0080 - Temporary Rulemaking Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If no notice has been provided before
			 adoption of a temporary rule, the agency shall give notice of its temporary
			 rulemaking to persons, entities, and media specified under ORS
			 183.335(1) by
			 mailing, electronic mailing, or personally delivering to each of them a copy of
			 the rule or rules as adopted and a copy of the statements required under
			 183.335(5). The
			 agency may provide a summary of the rule or rules and state how and where a
			 copy of the rule or rules may be obtained on paper, via electronic mail or from
			 a specified web site. If the agency posts the rule or rules on a web site, the
			 agency must provide a web address or link sufficient to enable a person to find
			 the rules easily. Failure to give this notice shall not affect the validity of
			 any rule.
(2) Persons who have
			 asked the agency to mail notices of proposed rulemaking to them pursuant to ORS
			 183.335(8) may
			 choose to receive notice by mail, and not electronically.
(3) The agency shall file with the Secretary
			 of State a certified copy of the temporary rule and a copy of the statement
			 required by ORS 183.335(5).
(4) A temporary rule is effective for 180
			 days, unless a shorter period is specified in the temporary rule or the
			 certificate of filing for the temporary rule.
Stat. Auth.: ORS
				  183.341
Stats. Implemented: ORS
				  183.335(5),
				  183.341 &
				  183.355
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 1 - MODEL RULES FOR RULEMAKING › Section 137-001-0087 - Objections to Statements of Fiscal Impact

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An objection to a fiscal impact statement
			 must be filed in writing and must:
(a)
			 Identify the fiscal impact statement to which objection is made;
(b) Identify the persons likely to be
			 affected by the proposed rule on whose behalf the objection is filed or, if
			 filed by an association, assert the number of members of the association who
			 are likely to be affected by the proposed rule;
(c) Explain how the persons identified are
			 likely to be affected by the proposed rule;
(d) Explain the objection or objections to
			 the fiscal impact statement; and
(e) Be sent to the mailing address or
			 electronic mail address identified in the notice of proposed rulemaking for the
			 submission of written comments.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 1 - MODEL RULES FOR RULEMAKING › Section 137-001-0095 - Statement of the Objective of Proposed Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request for a statement of the agency's
			 objective in proposing a rule must be submitted in writing and must identify
			 the persons on whose behalf the request is made.
(2) Within ten days of receiving a request or
			 requests for a statement of objective from at least five persons, the agency
			 shall provide the statement, in writing, to the person or persons who submitted
			 written requests. Failure to meet this deadline shall not affect the validity
			 of any rule.
(3) The agency's
			 written statement of the objective of the rule must include an explanation of
			 how the agency will determine whether the rule accomplishes its
			 objective.
Stat. Auth.: ORS
				  183.341
Stats. Implemented: ORS
				  183.335(3)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 1 - MODEL RULES FOR RULEMAKING › Section 137-001-0100 - Review of New Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 conducting a review of a new rule as required by ORS
			 183.405 the agency may appoint
			 an advisory committee to assist with the review, invite public comment upon the
			 rule, or both.
(2) Notwithstanding
			 ORS 183.405(4)
			 & (5), the agency may review any amended rule under the criteria set forth
			 in ORS 183.405(1).
(3) As part of the review under ORS
			 183.405(1), the
			 agency may invite public comment upon the rules and give notice of the review
			 to those parties identified in ORS
			 183.335(1)(a), (c), and
			 (d). The notice will:
(a) Identify the rule or rules under review,
			 describe the subject matter of the rule or rules under review, and invite
			 comments on any or all of the factors identified in ORS
			 183.405(1);
(b) State the date by which written comments
			 must be received by the agency and the mailing address or electronic mail
			 address to which the comments should be sent; and
(c) Include the time and place of the
			 hearing, if the agency provides a public hearing to receive oral
			 comments.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 2 - MODEL RULES FOR AGENCY DECLARATORY RULINGS › Section 137-002-0010 - Petition for Declaratory Ruling

Current through Register Vol. 63, No. 7, July 1, 2024
The petition to initiate proceedings for declaratory rulings
				shall contain:
(1) The rule or statute
			 that may apply to the person, property, or state of facts;
(2) A detailed statement of the relevant
			 facts; including sufficient facts to show petitioner's interest;
(3) All propositions of law or contentions
			 asserted by petitioner;
(4) The
			 questions presented;
(5) The
			 specific relief requested; and
(6)
			 The name and address of petitioner and of any other person known by petitioner
			 to be interested in the requested declaratory ruling.
Stat. Auth.: ORS
				  183.410
Stats. Implemented: ORS
				  183.410
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 2 - MODEL RULES FOR AGENCY DECLARATORY RULINGS › Section 137-002-0020 - Service of Declaratory Ruling Petition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The petition shall be deemed filed when
			 received by the agency.
(2) Within
			 60 days after the petition is filed the agency shall notify the petitioner in
			 writing whether it will issue a ruling. If the agency decides to issue a
			 ruling, it shall serve all persons named in the petition by mailing:
(a) A copy of the petition together with a
			 copy of the agency's rules of practice; and
(b) Notice of any proceeding including the
			 hearing at which the petition will be considered. (See OAR 137-002-0030  for
			 contents of notice.)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 2 - MODEL RULES FOR AGENCY DECLARATORY RULINGS › Section 137-002-0025 - Intervention in Declaratory Rulings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person or entity may petition the
			 agency for permission to participate in the proceeding as a party.
(2) The petition for intervention shall be in
			 writing and shall contain:
(a) The rule or
			 statute that may apply to the person, property, or state of facts;
(b) A statement of facts sufficient to show
			 the intervenor's interest;
(c) A
			 statement that the intervenor accepts the petitioner's statement of facts for
			 purposes of the declaratory ruling;
(d) All propositions of law or contentions
			 asserted by the intervenor;
(e) A
			 statement that the intervenor accepts the petitioner's statement of the
			 questions presented or a statement of the questions presented by the
			 intervenor;
(f) A statement of the
			 specific relief requested.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 2 - MODEL RULES FOR AGENCY DECLARATORY RULINGS › Section 137-002-0030 - Notice of Declaratory Ruling Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
The notice of hearing for a declaratory ruling shall:
(1) Be accompanied by a copy of the petition
			 requesting the declaratory ruling and by a copy of any petition for
			 intervention if copies of these petitions have not previously been served on
			 the party;
(2) Set forth the time
			 and place of the proceeding; and
(3) Identify the presiding officer.
Stat. Auth.: ORS
				  183.410
Stats. Implemented: ORS
				  183.410
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 2 - MODEL RULES FOR AGENCY DECLARATORY RULINGS › Section 137-002-0040 - Declaratory Ruling Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 proceeding shall be conducted by and shall be under the control of the
			 presiding officer. The presiding officer may be the chief administrative
			 officer of the agency, a member of its governing body or any other person
			 designated by the agency.
(2) No
			 testimony or other evidence shall be accepted at the hearing. The petition will
			 be decided on the facts stated in the petition, except that the presiding
			 officer may agree to accept, for consideration by the agency, a statement of
			 alternative facts if such a statement has been stipulated to in writing by all
			 parties to the proceeding, including any intervening parties.
(3) The parties and agency staff shall have
			 the right to present oral argument. The presiding officer may impose reasonable
			 time limits on the time allowed for oral argument. The parties and agency staff
			 may file briefs in support of their respective positions. The presiding officer
			 shall fix the time and order of filing briefs and may direct that the briefs be
			 submitted prior to oral argument. The presiding officer may permit the filing
			 of memoranda following the hearing.
(4) The proceeding may be conducted in person
			 or by telephone.
(5) As used in
			 this rule, "telephone" means any two-way electronic communication
			 device.
Stat. Auth.: ORS
				  183.410
Stats. Implemented: ORS
				  183.410
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 2 - MODEL RULES FOR AGENCY DECLARATORY RULINGS › Section 137-002-0050 - Presiding Officer's Proposed Declaratory Ruling

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except when the presiding officer is the
			 decision maker, the presiding officer shall prepare a proposed declaratory
			 ruling in accordance with OAR 137-002-0060  for consideration by the decision
			 maker.
(2) When a proposed
			 declaratory ruling is considered by the decision maker, the parties and agency
			 staff shall have the right to present oral argument to the decision
			 maker.
Stat. Auth.: ORS
				  183.410
Stats. Implemented: ORS
				  183.410
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 2 - MODEL RULES FOR AGENCY DECLARATORY RULINGS › Section 137-002-0060 - Issuance of Declaratory Ruling

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The agency shall issue its declaratory
			 ruling within 60 days of the close of the record.
(2) The ruling shall be in writing and shall
			 include:
(a) The facts upon which the ruling
			 is based;
(b) The statute or rule
			 in issue;
(c) The agency's
			 conclusion as to the applicability of the statute or rule to those
			 facts;
(d) The agency's conclusion
			 as to the legal effect or result of applying the statute or rule to those
			 facts;
(e) The reasons relied upon
			 by the agency to support its conclusions;
(f) A statement that under ORS
			 183.480 the parties may obtain
			 judicial review by filing a petition with the Court of Appeals within 60 days
			 from the date the declaratory ruling is served.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0000 - Applicability of Rules in OAR 137, Division 3

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An agency that does not use an
			 administrative law judge assigned from the Office of Administrative Hearings to
			 conduct contested case hearings for the agency may choose to adopt any or all
			 of the Model Rules for Contested Cases in OAR 137-003-0000  to 137-003-0092  or
			 in 137-003-0501  to 137-003-0700. The agency may adopt these rules by reference
			 without complying with the rulemaking procedures under ORS
			 183.335. Notice of such adoption
			 shall be filed with the Secretary of State in the manner provided by ORS
			 183.355.
(2) When an administrative law judge assigned
			 from the Office of Administrative Hearings conducts a contested case hearing
			 for the agency, the proceedings shall be conducted pursuant to OAR 137-003-0501  to 137-003-0700, unless:
(a) The case is not
			 subject to the procedural requirements for contested cases; or
(b) The Attorney General, by order, has
			 exempted the agency or a category of the agency's cases from the application of
			 such rules in whole or in part. These rules need not be adopted by the agency
			 to be effective.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0001 - Contested Case Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 agency's contested case notice issued pursuant to ORS
			 183.415 shall include:
(a) A caption with the name of the agency and
			 the name of the person or agency to whom the notice is issued;
(b) A short and plain statement of the
			 matters asserted or charged and a reference to the particular sections of the
			 statute and rules involved;
(c) A
			 statement of the party's right to be represented by counsel and that legal aid
			 organizations may be able to assist a party with limited financial
			 resources;
(d) A statement of the
			 party's right to a hearing;
(e) A
			 statement of the agency's authority and jurisdiction to hold a hearing on the
			 matters asserted or charged; and
(f) Either:
(A) A statement of the procedure and time to
			 request a hearing, the agency address to which a hearing request should be
			 sent, and a statement that if a request for hearing is not received by the
			 agency within the time stated in the notice the person will have waived the
			 right to a hearing; or
(B) A
			 statement of the time and place of the hearing.
(g) A statement indicating whether and under
			 what circumstances an order by default may be entered.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0002 - Rights of Parties in Contested Cases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to the information required
			 to be given in writing under ORS
			 183.413(2) and
			 183.415(2) and
			 (3), before commencement of a contested case
			 hearing, the agency shall inform a party, if the party is an agency,
			 corporation, or an unincorporated association, that such party must be
			 represented by an attorney licensed in Oregon, unless statutes applicable to
			 the contested case proceeding specifically provide otherwise. This information
			 may be given in writing or orally.
(2) Unless otherwise precluded by law, the
			 agency and the parties may agree to use alternative methods of dispute
			 resolution in contested case matters. Such alternative methods of resolution
			 may include arbitration or any collaborative method designed to encourage the
			 agency and the parties to work together to develop a mutually agreeable
			 solution, such as negotiation, mediation, use of a facilitator or a neutral
			 fact-finder or settlement conferences, but may not include arbitration that is
			 binding on the agency.
(3) Final
			 disposition of contested cases may be by a final order following hearing or,
			 unless precluded by law, by stipulation, agreed settlement, consent order or
			 final order by default. A stipulation, agreed settlement or consent order
			 disposing of a contested case must be in writing and signed by the party or
			 parties. By signing such an agreement, the party or parties waive the right to
			 a contested case hearing and to judicial review. The agency shall incorporate
			 the disposition into a final order. A copy of any final order incorporating an
			 agreement must be delivered or mailed to each party and, if a party is
			 represented by an attorney, to the party's attorney.
Stat. Auth.: ORS
				  183.341 &
				  183.502
Stats. Implemented: ORS
				  9.320,
				  183.341(1),
				  183.413,
				  183.415 &
				  183.502, HB 2423
				  (2007)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0003 - Late Filing

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) When a party requests a hearing after the
			 time specified by the agency but before entry of a final order by default or,
			 if a final order by default is entered, on or before 60 calendar days after
			 entry of the order, the agency may accept the late request only if the cause
			 for failure to timely request the hearing was beyond the reasonable control of
			 the party, unless other applicable statutes or agency rule provides a different
			 timeframe or standard.
(b) If a
			 final order by default has already been entered, the party requesting the
			 hearing shall deliver or mail within a reasonable time a copy of the hearing
			 request to all persons and agencies required by statute, rule or order to
			 receive notice of the proceeding.
(c) In determining whether to accept a late
			 hearing request, the agency may require the request to be supported by an
			 affidavit and may conduct such further inquiry, including holding a hearing, as
			 it deems appropriate.
(d) The
			 agency by rule or in writing may provide a right to a hearing on whether the
			 late filing of a hearing request should be accepted.
(e) If the late hearing request is allowed by
			 the agency, it shall enter an order granting the request and schedule a hearing
			 on the underlying matter. If the late hearing request is denied, the agency
			 shall enter an order setting forth its reasons for the denial.
(f) Except as otherwise provided by law, if a
			 final order by default has been entered, that order remains in effect during
			 the agency's consideration of a late hearing request unless the final order is
			 stayed under OAR 137-003-0090.
(g)
			 When a party requests a hearing more than 60 calendar days (or other time
			 period set by statute) after the agency has entered a final order by default,
			 the agency shall not grant the request unless a statute or agency rule permits
			 the agency to consider the request.