71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 3156
Sponsored by Representative WILSON; Representative C WALKER
CHAPTER ................
AN ACT
Relating to procedure for promulgating administrative rules;
creating new provisions; and amending ORS 183.335.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 183.335 is amended to read:
183.335. (1) Prior to the adoption, amendment or repeal of any
rule, the agency shall give notice of its intended action:
(a) In the manner established by rule adopted by the agency
under ORS 183.341 (4), which provides a reasonable opportunity
for interested persons to be notified of the agency's proposed
action;
(b) In the bulletin referred to in ORS 183.360 at least 21 days
prior to the effective date;
(c) At least 28 days before the effective date, to persons who
have requested notice pursuant to subsection (7) of this section;
and
(d) At least 49 days before the effective date, to the persons
specified in subsection (14) of this section.
(2)(a) The notice required by subsection (1) of this section
shall state the subject matter and purpose of the intended action
in sufficient detail to inform a person that the person's
interests may be affected, and the time, place and manner in
which interested persons may present their views on the intended
action.
(b) The agency shall include with the notice of intended action
given under subsection (1) of this section:
(A) A citation of the statutory or other legal authority relied
upon and bearing upon the promulgation of the rule;
(B) A citation of the statute or other law the rule is intended
to implement;
(C) A statement of the need for the rule and a statement of how
the rule is intended to meet the need;
(D) A list of the principal documents, reports or studies, if
any, prepared by or relied upon by the agency in considering the
need for and in preparing the rule, and a statement of the
location at which those documents are available for public
inspection. The list may be abbreviated if necessary, and if so
abbreviated there shall be identified the location of a complete
list;
(E) A statement of fiscal impact identifying state agencies,
units of local government and the public which may be
economically affected by the adoption, amendment or repeal of the
rule and an estimate of that economic impact on state agencies,
Enrolled House Bill 3156 (HB 3156-INTRO) Page 1
units of local government and the public. In considering the
economic effect of the proposed action on the public, the agency
shall utilize available information to project any significant
economic effect of that action on businesses which shall include
a cost of compliance effect on small businesses affected. For an
agency specified in ORS 183.530, the statement of fiscal impact
shall also include a housing cost impact statement as described
in ORS 183.534; and
(F) If an advisory committee is not appointed under the
provisions of ORS 183.025 (2), an explanation as to why no
advisory committee was used to assist the agency in drafting the
rule.
(c) The Secretary of State may omit the information submitted
under paragraph (b) of this subsection from publication in the
bulletin referred to in ORS 183.360.
(d) When providing notice of an intended action under the
provisions of subsection (1)(c) of this section, the agency shall
provide a copy of the rule that the agency proposes to adopt,
amend or repeal, or an explanation of how the person may acquire
a copy of the rule. The copy of an amended rule shall show all
changes to the rule by bracketing material to be deleted and
showing all new material in boldfaced type.
(3)(a) When an agency proposes to adopt, amend or repeal a
rule, it shall give interested persons reasonable opportunity to
submit data or views. Opportunity for oral hearing shall be
granted upon request received from 10 persons or from an
association having not less than 10 members before the earliest
date that the rule could become effective after the giving of
notice pursuant to subsection (1) of this section. An agency
holding a hearing upon a request made under this subsection shall
give notice of the hearing at least 21 days before the hearing to
the person who has requested the hearing, to persons who have
requested notice pursuant to subsection (7) of this section and
to the persons specified in subsection (14) of this section. The
agency shall publish notice of the hearing in the bulletin
referred to in ORS 183.360 at least 14 days before the hearing.
The agency shall consider fully any written or oral submission.
{ + (b) If an agency is required to conduct an oral hearing
under paragraph (a) of this subsection, and the rule for which
the hearing is to be conducted applies only to a limited
geographical area within this state, or affects only a limited
geographical area within this state, the hearing shall be
conducted within the geographical area at the place most
convenient for the majority of the residents within the
geographical area. At least 14 days before a hearing conducted
under this paragraph, the agency shall publish notice of the
hearing in the bulletin referred to in ORS 183.360 and in a
newspaper of general circulation published within the
geographical area that is affected by the rule or to which the
rule applies. If a newspaper of general circulation is not
published within the geographical area that is affected by the
rule or to which the rule applies, the publication shall be made
in the newspaper of general circulation published closest to the
geographical area. + }
{ - (b) - } { + (c) + } Notwithstanding paragraph (a) of
this subsection, the Department of Corrections and the State
Board of Parole and Post-Prison Supervision may adopt rules
limiting participation by inmates in the proposed adoption,
amendment or repeal of any rule to written submissions.
Enrolled House Bill 3156 (HB 3156-INTRO) Page 2
{ - (c) - } { + (d) + } An agency that receives data or
views concerning proposed rules from interested persons shall
maintain a record of the data or views submitted. The record
shall contain:
(A) All written materials submitted to an agency in response to
a notice of intent to adopt, amend or repeal a rule.
(B) A recording or summary of oral submissions received at
hearings held for the purpose of receiving those submissions.
(C) Comments of the committees submitted under subsection (15)
of this section.
(4) Upon request of an interested person received before the
earliest date that the rule could become effective after the
giving of notice pursuant to subsection (1) of this section, the
agency shall postpone the date of its intended action no less
than 21 nor more than 90 days in order to allow the requesting
person an opportunity to submit data, views or arguments
concerning the proposed action. Nothing in this subsection shall
preclude an agency from adopting a temporary rule pursuant to
subsection (5) of this section.
(5) Notwithstanding subsections (1) to (4) of this section, an
agency may adopt, amend or suspend a rule without prior notice or
hearing or upon any abbreviated notice and hearing that it finds
practicable, if the agency prepares:
(a) A statement of its findings that its failure to act
promptly will result in serious prejudice to the public interest
or the interest of the parties concerned and the specific reasons
for its findings of prejudice;
(b) A citation of the statutory or other legal authority relied
upon and bearing upon the promulgation of the rule;
(c) A statement of the need for the rule and a statement of how
the rule is intended to meet the need;
(d) A list of the principal documents, reports or studies, if
any, prepared by or relied upon by the agency in considering the
need for and in preparing the rule, and a statement of the
location at which those documents are available for public
inspection; and
(e) For an agency specified in ORS 183.530, a housing cost
impact statement as defined in ORS 183.534.
(6)(a) A rule adopted, amended or suspended under subsection
(5) of this section is temporary and may be effective for a
period of not longer than 180 days. The adoption of a rule under
this subsection does not preclude the subsequent adoption of an
identical rule under subsections (1) to (4) of this section.
(b) A rule temporarily suspended shall regain effectiveness
upon expiration of the temporary period of suspension unless the
rule is repealed under subsections (1) to (4) of this section.
(7) Any person may request in writing that an agency mail to
the person copies of its notices of intended action given
pursuant to subsection (1) of this section. Upon receipt of any
request the agency shall acknowledge the request, establish a
mailing list and maintain a record of all mailings made pursuant
to the request. Agencies may establish procedures for
establishing and maintaining the mailing lists current and, by
rule, establish fees necessary to defray the costs of mailings
and maintenance of the lists.
(8) This section does not apply to rules establishing an
effective date for a previously effective rule or establishing a
period during which a provision of a previously effective rule
will apply.
Enrolled House Bill 3156 (HB 3156-INTRO) Page 3
(9) This section does not apply to ORS 279.025 to 279.031 and
279.310 to 279.990 relating to public contracts and purchasing.
(10)(a) No rule is valid unless adopted in substantial
compliance with the provisions of this section in effect on the
date the rule is adopted.
(b) In addition to all other requirements with which rule
adoptions must comply, no rule adopted after October 3, 1979, is
valid unless submitted to the Legislative Counsel under ORS
183.715.
(11) Notwithstanding the provisions of subsection (10) of this
section, an agency may correct its failure to substantially
comply with the requirements of subsections (2) and (5) of this
section in adoption of a rule by an amended filing, so long as
the noncompliance did not substantially prejudice the interests
of persons to be affected by the rule. However, this subsection
does not authorize correction of a failure to comply with
subsection (2)(b)(E) of this section requiring inclusion of a
fiscal impact statement with the notice required by subsection
(1) of this section.
(12) Unless otherwise provided by statute, the adoption,
amendment or repeal of a rule by an agency need not be based upon
or supported by an evidentiary record.
(13) When an agency has established a deadline for comment on a
proposed rule under the provisions of subsection (3)(a) of this
section, the agency may not extend that deadline for another
agency or person unless the extension applies equally to all
interested agencies and persons. An agency shall not consider any
submission made by another agency after the final deadline has
passed.
(14) The notices required under subsections (1) and (3) of this
section must be given by the agency to the following persons:
(a) If the proposed adoption, amendment or repeal results from
legislation that was passed within two years before notice is
given under subsection (1) of this section, notice shall be given
to the legislator who introduced the bill that subsequently was
enacted into law, and to the chair or co-chairs of all committees
that reported the bill out, except for those committees whose
sole action on the bill was referral to another committee.
(b) If the proposed adoption, amendment or repeal does not
result from legislation that was passed within two years before
notice is given under subsection (1) of this section, notice
shall be given to the chair or co-chairs of any interim or
session committee with authority over the subject matter of the
rule.
(c) If notice cannot be given under paragraph (a) or (b) of
this subsection, notice shall be given to the Speaker of the
House of Representatives and to the President of the Senate who
are in office on the date the notice is given.
(15)(a) Upon the request of a member of the Legislative
Assembly or of a person who would be affected by a proposed
adoption, amendment or repeal, the committees receiving notice
under subsection (14) of this section shall review the proposed
adoption, amendment or repeal for compliance with the legislation
from which the proposed adoption, amendment or repeal results.
(b) The committees shall submit their comments on the proposed
adoption, amendment or repeal to the agency proposing the
adoption, amendment or repeal.
SECTION 2. { + The amendments to ORS 183.335 by section 1 of
this 2001 Act apply only to rules for which notice is given under
Enrolled House Bill 3156 (HB 3156-INTRO) Page 4
ORS 183.335 (1)(b) on or after the effective date of this 2001
Act. + }
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Passed by House May 1, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 31, 2001
...........................................................
President of Senate
Enrolled House Bill 3156 (HB 3156-INTRO) Page 5
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 3156 (HB 3156-INTRO) Page 6