74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 948
House Bill 2121
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Attorney General Hardy
Myers for Department of Justice and Office of Regulatory
Streamlining of Department of Consumer and Business Services)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Modifies state agency rulemaking procedures. Provides that
agency giving notice of intended rulemaking may refer persons
entitled to notice to website for purpose of acquiring copies of
proposed rule and copies of certain statutorily required
information. Allows person to request paper copy of proposed rule
and information.
Eliminates provision requiring agency to postpone date of
intended action upon request of interested person.
Allows agency to correct rule references, addresses and phone
numbers in administrative rules without formal rulemaking
process.
A BILL FOR AN ACT
Relating to rulemaking procedures; amending ORS 183.330, 183.335,
183.355, 183.534, 183.538, 455.035, 459.045, 459A.485, 468.020,
496.138, 536.027, 696.385 and 722.024 and section 2, chapter
314, Oregon Laws 2005.
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 { - (8) - } { +
(7) + } of this section; and
(d) At least 49 days before the effective date, to the persons
specified in subsection { - (15) - } { + (14) + } of this
section.
(2)(a) The notice required by subsection (1) of this section
must include:
(A) A caption of not more than 15 words that reasonably
identifies the subject matter of the agency's intended action.
The agency shall include the caption on each separate notice,
statement, certificate or other similar document related to the
intended action.
(B) An objective, simple and understandable statement
summarizing 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,
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;
(F) If an advisory committee is not appointed under the
provisions of ORS 183.333, an explanation as to why no advisory
committee was used to assist the agency in drafting the rule; and
(G) A request for public comment on whether other options
should be considered for achieving the rule's substantive goals
while reducing the negative economic impact of the rule on
business.
(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
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 striking through material to be deleted and
underlining all new material, or by any other method that clearly
shows all new and deleted material.
(e) Notice of an intended action under subsection (1)(a), (c)
and (d) of this section may be given by regular mail or by
electronic mail. { + Unless a person entitled to notice requests
that paper copies be provided at the time of the mailing, the
notice may refer the person to a website for the purpose of
acquiring copies of the proposed rule and copies of the
information required to be given under paragraph (b) of this
subsection. + }
(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 { - (8) - } { +
(7) + } of this section and to the persons specified in
subsection { - (15) - } { + (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.
(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.
(d) If requested by at least five persons before the earliest
date that the rule could become effective after the agency gives
notice pursuant to subsection (1) of this section, the agency
shall provide a statement that identifies the objective of the
rule and a statement of how the agency will subsequently
determine whether the rule is in fact accomplishing that
objective.
(e) 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) Any public comment received in response to the request made
under subsection (2)(b)(G) of this section and the agency's
response to that comment.
(D) Any statements provided by the agency under paragraph (d)
of this subsection.
{ - (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) - } { + (4) + } Notwithstanding subsections (1) to
{ - (4) - } { + (3) + } 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) - } { + (5)(a) + } A rule adopted, amended or
suspended under subsection { - (5) - } { + (4) + } 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) - } { +
(3) + } 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) - } { +
(3) + } of this section.
{ - (7) - } { + (6) + } Notwithstanding subsections (1) to
{ - (4) - } { + (3) + } of this section, an agency may amend a
rule without prior notice or hearing if the amendment is solely
for the purpose of:
(a) Changing the name of an agency by reason of a name change
prescribed by law;
(b) Correcting spelling;
(c) Correcting grammatical mistakes in a manner that does not
alter the scope, application or meaning of the rule; { - or - }
(d) Correcting statutory { + or rule + } references { + ; or
(e) Correcting addresses or telephone numbers referred to in
the rules + }.
{ - (8) - } { + (7) + } Any person may request in writing
that an agency send to the person { - copies of its - }
notices of intended action
{ - given pursuant to - } { + under + } subsection (1) of
this section. The person must provide a mailing address or
electronic mail address. 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.
{ - (9) - } { + (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.
{ - (10) - } { + (9) + } This section does not apply to ORS
279.835 to 279.855, 279A.140 to 279A.155, 279A.250 to 279A.290,
279A.990, 279B.050 to 279B.085, 279B.200 to 279B.240, 279B.270,
279B.275, 279B.280, 279C.360, 279C.365, 279C.370, 279C.375,
279C.380, 279C.385, 279C.500 to 279C.530, 279C.540, 279C.545,
279C.550 to 279C.570, 279C.580, 279C.585, 279C.590, 279C.600 to
279C.625, 279C.650 to 279C.670 and 279C.800 to 279C.870 relating
to public contracts and purchasing.
{ - (11)(a) - } { + (10)(a) + } Except as provided in
paragraph (c) of this subsection, a rule is not valid unless
adopted in substantial compliance with the provisions of this
section in effect on the date that the notice required under
subsection (1) of this section is delivered to the Secretary of
State for the purpose of publication in the bulletin referred to
in ORS 183.360.
(b) In addition to all other requirements with which rule
adoptions must comply, a rule is not valid if the rule has not
been submitted to the Legislative Counsel in the manner required
by ORS 183.715.
(c) A rule is not subject to judicial review or other challenge
by reason of failing to comply with subsection (2)(a)(A) of this
section.
{ - (12)(a) - } { + (11)(a) + } Notwithstanding the
provisions of subsection { - (11) - } { + (10) + } of this
section, but subject to paragraph (b) of this subsection, an
agency may correct its failure to substantially comply with the
requirements of subsections (2) and
{ - (5) - } { + (4) + } of this section in adoption of a rule
by an amended filing, as long as the noncompliance did not
substantially prejudice the interests of persons to be affected
by the rule.
(b) An agency may use an amended filing to correct a failure to
include a fiscal impact statement in a notice of intended action,
as required by subsection (2)(b)(E) of this section, or to
correct an inaccurate fiscal impact statement, only if the agency
developed the fiscal impact statement with the assistance of an
advisory committee or fiscal impact advisory committee appointed
under ORS 183.333.
{ - (13) - } { + (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.
{ - (14) - } { + (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.
{ - (15) - } { + (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 cochairs 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 cochairs 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.
{ - (16)(a) - } { + (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 { - (15) - } { +
(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. ORS 183.330 is amended to read:
183.330. (1) In addition to other rulemaking requirements
imposed by law, each agency shall publish a description of its
organization and the methods whereby the public may obtain
information or make submissions or requests.
(2) Each state agency that adopts rules shall appoint a rules
coordinator and file a copy of that appointment with the
Secretary of State. The rules coordinator shall:
(a) Maintain copies of all rules adopted by the agency and be
able to provide information to the public about the status of
those rules;
(b) Provide information to the public on all rulemaking
proceedings of the agency; and
(c) Keep and make available the mailing list required by ORS
183.335 { - (8) - } { + (7) + }.
(3) An order shall not be effective as to any person or party
unless it is served upon the person or party either personally or
by mail. This subsection is not applicable in favor of any person
or party who has actual knowledge of the order.
(4) An order is not final until it is reduced to writing.
SECTION 3. ORS 183.355 is amended to read:
183.355. (1)(a) Each agency shall file in the office of the
Secretary of State a certified copy of each rule adopted by it.
(b) Notwithstanding the provisions of paragraph (a) of this
subsection, an agency adopting a rule incorporating published
standards by reference is not required to file a copy of those
standards with the Secretary of State if:
(A) The standards adopted are unusually voluminous and costly
to reproduce; and
(B) The rule filed with the Secretary of State identifies the
location of the standards so incorporated and the conditions of
their availability to the public.
(2) Each rule is effective upon filing as required by
subsection (1) of this section, except that:
(a) If a later effective date is required by statute or
specified in the rule, the later date is the effective date.
(b) A temporary rule becomes effective upon filing with the
Secretary of State, or at a designated later date, only if the
statement required by ORS 183.335 { - (5) - } { + (4) + } is
filed with the rule. The agency shall take appropriate measures
to make temporary rules known to the persons who may be affected
by them.
(3) When a rule is amended or repealed by an agency, the agency
shall file a certified copy of the amendment or notice of repeal
with the Secretary of State who shall appropriately amend the
compilation required by ORS 183.360 (1).
(4) A certified copy of each executive order issued, prescribed
or promulgated by the Governor shall be filed in the office of
the Secretary of State.
(5) No rule of which a certified copy is required to be filed
shall be valid or effective against any person or party until a
certified copy is filed in accordance with this section. However,
if an agency, in disposing of a contested case, announces in its
decision the adoption of a general policy applicable to such case
and subsequent cases of like nature the agency may rely upon such
decision in disposition of later cases.
(6) The Secretary of State shall, upon request, supply copies
of rules, or orders or designated parts of rules or orders,
making and collecting therefor fees prescribed by ORS 177.130.
All receipts from the sale of copies shall be deposited in the
State Treasury to the credit of the Secretary of State
Miscellaneous Receipts Account established under ORS 279A.290.
SECTION 4. ORS 183.534 is amended to read:
183.534. (1) A housing cost impact statement is an estimate of
the effect of a proposed rule or ordinance on the cost of
development of a 6,000 square foot parcel and the construction of
a 1,200 square foot detached single family dwelling on that
parcel. The State Housing Council shall adopt rules prescribing
the form to be used when preparing the estimate and other such
rules necessary to the implementation of this section and ORS
183.530 and 183.538.
(2) A housing cost impact statement:
(a) For an agency listed in ORS 183.530 shall be incorporated
in the:
(A) Fiscal impact statement required by ORS 183.335 (2)(b)(E)
for permanent rule adoption; or
(B) Statements required by ORS 183.335 { - (5) - } { +
(4) + } for temporary rule adoption.
(b) Shall not be required for the adoption of any procedural
rule by an agency listed in ORS 183.530.
SECTION 5. ORS 183.538 is amended to read:
183.538. (1) Notwithstanding ORS 183.335 { - (12) - } { +
(11) + }, 183.400 (4) or any other provision of law, the failure
to prepare a housing cost impact statement shall not affect the
validity or effective date of any rule or ordinance or any
amendment to a rule or ordinance.
(2) If a rule or ordinance or any amendment to a rule or
ordinance is challenged based on the failure to prepare a housing
cost impact statement, the court or other reviewing authority
shall remand the proposed rule or ordinance or any amendment to a
rule or ordinance to the adopting or repealing entity if it
determines that a housing cost impact statement is required.
(3) The court or other reviewing authority shall determine only
whether a housing cost impact statement was prepared and shall
not make any determination as to the sufficiency of the housing
cost impact statement.
SECTION 6. Section 2, chapter 314, Oregon Laws 2005, is amended
to read:
{ + Sec. 2. + } In addition to the notices required under ORS
183.335
{ - (15) - } { + (14) + }, the Oregon Department of
Administrative Services shall give notice to the individual
members of any interim or session committee with authority over
the subject matter of the rule if the department proposes to
adopt a rule under ORS 414.320.
SECTION 7. ORS 455.035 is amended to read:
455.035. (1) Any rule adopted under this chapter or ORS 447.010
to 447.156 { - and 447.992 - } or 479.510 to 479.945 { - and
479.995 shall - } { + may + } not become effective on a date
other than January 1, April 1, July 1 or October 1.
(2) Notwithstanding subsection (1) of this section, a rule
adopting construction standards, materials, practices or
provisions under the state building code may become effective on
any date.
(3) The provisions of subsection (1) of this section do not
apply to temporary rules adopted under ORS 183.335 { - (5) - }
{ + (4) + }.
SECTION 8. ORS 459.045 is amended to read:
459.045. (1) The Environmental Quality Commission shall adopt
reasonable and necessary solid waste management rules governing
the:
(a) Accumulation, storage, collection, transportation and
disposal of solid wastes to prevent vector production and
sustenance, transmission of diseases to humans or animals, air
pollution, pollution of surface or ground waters, and hazards to
service or disposal workers or to the public.
(b) Location of disposal sites, giving consideration to:
(A) The adaptability of each disposal site to the population
served, topography and geology of the area and other
characteristics as they affect protection of ground and surface
waters and air pollution;
(B) Minimum standards of design, management and operation of
disposal sites; and
(C) Salvage operations at disposal sites.
(c) Construction, loading and operation of vehicles used in
performing collection service to prevent the contents of the
vehicles from dropping, sifting, leaking or escaping onto public
highways.
(d) Definition of other 'wastes' subject to regulation under
ORS 459.005 to 459.105, 459.205 to 459.385 and 459.992 (1) and
(2).
(e) Closure and post-closure maintenance of land disposal
sites.
(2) The commission may by rule:
(a) Exempt a class of land disposal sites other than those
receiving domestic solid waste from the requirement to provide
financial assurance under ORS 459.272; or
(b) Establish criteria that a land disposal site must meet to
be exempted from the requirement to provide financial assurance
under ORS 459.272.
(3) The commission shall adopt rules on other subjects as
necessary to carry out:
(a) ORS 459.005 to 459.105 and 459.205 to 459.385.
(b) ORS 646.608 (1)(y). Rules adopted under this paragraph
shall, to the greatest extent practicable, be consistent with the
labeling requirements of other states.
(4) The commission shall adopt rules which have modified or
limited application in different geographic areas of the state
when special conditions prevail in specified geographic areas.
Special conditions that shall be considered include, but are not
limited to, climatic conditions, zone classification of the area,
population characteristics, methods and costs of solid waste
management, solid waste management plans and other conditions in
the area. Modifications or limitations shall not be unreasonable,
arbitrary or inimical to the policy and purposes of ORS 459.005
to 459.105 and 459.205 to 459.385.
(5) All rules adopted under this section shall be adopted after
public hearing and in accordance with ORS chapter 183.
(6) Unless a rule adopted under this section is adopted
pursuant to the authority granted by ORS 183.335 { - (5) - }
{ + (4) + }, the commission shall mail copies of the proposed
rules to all persons who have requested such copies. The copies
shall be mailed at least 30 days prior to the hearing required by
subsection (5) of this section.
SECTION 9. ORS 459A.485 is amended to read:
459A.485. (1) Notwithstanding ORS 183.335 { - (5) - } { +
(4) + }, the Oregon Department of Administrative Services shall
adopt rules pursuant to ORS chapter 183 that:
(a) Establish procedures for the separation of solid waste
generated by state agencies that can be recycled or reused.
(b) Establish a system for the collection of solid waste
generated by state agencies that can be recycled or reused. The
system shall ensure that the material is made available to
appropriate agencies or private industries for reuse or recycling
at the greatest economic value and to the greatest extent
feasible for recycling.
(2) All state agencies shall comply with the procedures and
systems established under subsection (1) of this section.
(3) The Governor may exempt any single activity or facility of
any state agency from compliance under this section if the
Governor determines it to be in the paramount interest of the
state. Any exemption shall be for a period not in excess of one
year, but additional exemptions may be granted for periods not to
exceed one year. The Governor shall make public all exemptions
together with the reasons for granting such exemptions.
SECTION 10. ORS 468.020 is amended to read:
468.020. (1) In accordance with the applicable provisions of
ORS chapter 183, the Environmental Quality Commission shall adopt
such rules and standards as it considers necessary and proper in
performing the functions vested by law in the commission.
(2) Except as provided in ORS 183.335 { - (5) - } { +
(4) + }, the commission shall cause a public hearing to be held
on any proposed rule or standard prior to its adoption. The
hearing may be before the commission, any designated member
thereof or any person designated by and acting for the
commission.
SECTION 11. ORS 496.138 is amended to read:
496.138. (1) Consistent with the policy of ORS 496.012, the
State Fish and Wildlife Commission shall implement the policies
and programs of this state for the management of wildlife. These
policies and programs shall consider the uses of public and
private lands and utilize voluntary partnerships with private and
public landowners to protect and enhance wildlife habitat and
effectively manage wildlife. In addition, the commission shall
perform any other duty vested in it by law.
(2) In accordance with the applicable provisions of ORS chapter
183, the commission shall adopt such rules and standards as it
considers necessary and proper to implement the policy and
objectives of ORS 496.012 and perform the functions vested by law
in the commission.
(3) Except as provided in ORS 183.335 { - (5) - } { +
(4) + }, the commission shall cause a public hearing to be held
on any proposed rule or standard prior to its adoption. The
hearing may be before the commission, any designated member
thereof or any person designated by and acting for the
commission.
(4) Before submitting budget requests or information to the
Governor pursuant to ORS 291.201 to 291.222, the commission shall
hold a public hearing on proposals for planned expenditures and
enhancement packages that the commission intends to recommend to
the Governor for inclusion in the Governor's budget.
SECTION 12. ORS 536.027 is amended to read:
536.027. (1) In accordance with the applicable provisions of
ORS chapter 183, the Water Resources Commission shall adopt rules
and standards to perform the functions vested by law in the
commission.
(2) Except as provided in ORS 183.335 { - (5) - } { +
(4) + }, the commission shall cause a public hearing to be held
on any proposed rule or standard before its adoption. The hearing
may be before the commission, any designated member of the
commission or any person designated by and acting for the
commission.
SECTION 13. ORS 696.385 is amended to read:
696.385. The Real Estate Agency shall have the power to:
(1) Adopt a seal by which it shall authenticate its
proceedings.
(2) From time to time, prepare and cause to be printed and
circulated among the real estate licensees of Oregon such printed
matter as it may deem helpful or educational or proper for the
guidance and welfare of such licensees.
(3) Make and enforce any and all such reasonable rules as shall
be deemed necessary to administer and enforce the provisions of,
and enforce and discharge the duties defined in, any law with the
administration or enforcement of which the agency is charged.
(4) Except as provided in subsection (5) of this section, when
the agency proposes to adopt, amend or repeal a rule concerning
real estate licensees, the agency shall:
(a) Submit a copy of the proposed rule to the Real Estate Board
at least 45 days prior to publication of the notice of intended
action required under ORS 183.335 for the rule.
(b) Consider any recommendations that the board, by majority
vote, makes concerning the proposed rule.
(c) Publish as part of the statement of need in the matters any
written comments submitted by the board for publication under
paragraph (b) of this subsection.
(5) Subsection (4) of this section does not apply to a
temporary rule that is adopted, amended or suspended pursuant to
ORS 183.335 { - (5) - } { + (4) + }. However, the agency
shall submit to the board a copy of any proposed temporary rule
as soon as practicable and, to the extent possible under the
circumstances, consider any recommendations that the board may
make by majority vote regarding the temporary rule.
SECTION 14. ORS 722.024 is amended to read:
722.024. (1) Upon receipt of an application and the documents
described by ORS 722.022, the Director of the Department of
Consumer and Business Services shall promptly examine and
investigate whether the formation of the association should be
allowed and the application granted.
(2) Not less than 20 days prior to taking action on an
application for a certificate of incorporation, the director
shall give notice of the filing of the application as provided by
subsection (3) of this section. The notice shall state:
(a) That the application has been filed and name the community
where the principal office is to be located; and
(b) That either a hearing will be held on the application at a
time, date and place given in the notice, or that a hearing will
be held if any person objects on relevant grounds to the granting
of the application and files a request for a hearing with the
director prior to a date given in the notice.
(3) Notice shall be given:
(a) By publishing the notice one time in a newspaper,
designated by the director, of general circulation in the
community in which the principal office of the proposed
association is to be located;
(b) By mailing copies to all domestic, foreign and federal
associations transacting business in this state; and
(c) By mailing copies of the notice to persons who have
requested notice pursuant to ORS 183.335 { - (8) - } { +
(7) + }.
(4) If a hearing is held because of a request, notice of the
hearing shall be given as provided by subsection (3) of this
section and shall name the time, date and place of the hearing.
At any hearing any person may appear in person or by agent or
attorney and orally or in writing show cause upon any relevant
ground why the application should or should not be granted.
(5) In the course of investigating any person named as
incorporators and proposed directors and officers in the articles
of incorporation under ORS 722.022, the director may require the
person to provide additional information for the director's
further inquiry. For the purpose of such further inquiry, the
director may require the person to submit to fingerprinting.
(6) Fingerprints acquired under subsection (5) of this section
may be submitted to appropriate law enforcement agencies,
including the Federal Bureau of Investigation, for the purpose of
discovering any unlawful activities of the person.
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