Chapter 289 Oregon Laws 2009

AN ACT

HB 2093

Relating to the publication of administrative rules; amending ORS 183.355 and 183.360; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. 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) 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          (3) When a rule is amended or repealed by an agency, the agency shall file a certified copy of the amendment or notice of repeal with the Secretary of State who shall appropriately amend the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.

(7) The Secretary of State shall establish and collect fees from agencies filing rules under this section. The fees shall be established in amounts calculated to be necessary to generate revenues adequate to pay costs incurred by the Secretary of State in performing the following duties that are not paid for by subscriber fees or other fees prescribed by law:

          (a) Publication of the compilation referred to in ORS 183.360 (1);

          (b) Publication of the bulletin referred to in ORS 183.360 (3); and

          (c) Electronic publication of rules and other information relating to rules under ORS 183.365.

          (8) All fees collected under subsection (7) of this section shall be deposited in the State Treasury to the credit of the Secretary of State Miscellaneous Receipts Account established under ORS 279A.290.

SECTION 2. ORS 183.360 is amended to read:

          183.360. (1) The Secretary of State shall compile, index and publish all rules adopted by each agency. The compilation shall be supplemented or revised as often as necessary and at least once every six months. Such compilation supersedes any other rules. The Secretary of State may make such compilations of other material published in the bulletin as are desirable. The Secretary of State may copyright the compilations prepared under this subsection, and may establish policies for the revision, clarification, classification, arrangement, indexing, printing, binding, publication, sale and distribution of the compilations.

          (2)(a) The Secretary of State has discretion to omit from the compilation rules the publication of which would be unduly cumbersome or expensive if the rule in printed or processed form is made available on application to the adopting agency, and if the compilation contains a notice summarizing the omitted rule and stating how a copy thereof may be obtained. In preparing the compilation the Secretary of State shall not alter the sense, meaning, effect or substance of any rule, but may renumber sections and parts of sections of the rules, change the wording of headnotes, rearrange sections, change reference numbers to agree with renumbered chapters, sections or other parts, substitute the proper subsection, section or chapter or other division numbers, change capitalization for the purpose of uniformity, and correct manifest clerical or typographical errors.

          (b) The Secretary of State may by rule prescribe requirements, not inconsistent with law, for the manner and form for filing of rules adopted or amended by agencies. The Secretary of State may refuse to accept for filing any rules which do not comply with those requirements.

          (3) The Secretary of State shall publish at least at monthly intervals a bulletin which:

          (a) Briefly indicates the agencies that are proposing to adopt, amend or repeal a rule, the subject matter of the rule and the name, address and telephone number of an agency officer or employee from whom information and a copy of any proposed rule may be obtained;

          (b) Contains the text or a brief description of all rules filed under ORS 183.355 since the last bulletin indicating the effective date of the rule;

          (c) Contains executive orders of the Governor; and

          (d) Contains orders issued by the Director of the Department of Revenue under ORS 305.157 extending tax statutes of limitation.

          (4) Courts shall take judicial notice of rules and executive orders filed with the Secretary of State.

          (5) The compilation required by subsection (1) of this section shall be titled Oregon Administrative Rules and may be cited as “OAR” with appropriate numerical indications.

(6) The Secretary of State may publish the compilation and bulletin required by this section in print, or by placing the compilation and bulletin on the Internet.

SECTION 3. This 2009 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2009 Act takes effect on its passage.

Approved by the Governor June 17, 2009

Filed in the office of Secretary of State June 17, 2009

Effective date June 17, 2009

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