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SECRETARY OF STATE, ARCHIVES DIVISION




 

DIVISION 500
ADMINISTRATIVE RULES UNIT
Procedural Rules

166-500-0000
Notice of Proposed Rulemaking
Before adopting,
amending, or repealing any permanent rules, the Administrative Rules Unit shall
give notice of the proposed adoption, amendment, or repeal:
(1) In the
Secretary of State’s Oregon Bulletin, referred to in ORS 183.360, at least
21 days prior to the effective date.
(2) By mailing
a copy of the Notice to persons on the Administrative Rules Unit’s mailing
list established pursuant to ORS 183.335(8) at least 28 days prior to the effective
date.
(3) By mailing
a copy of the Notice to the following persons and organizations:
(a) Associated
Press;
(b) Capitol
Press Room;
(c) Department
of Justice.
(4) By mailing
a copy of the Notice to legislators specified in ORS 183.335(15) at least 49 days
prior to the effective date.
Stat. Auth.: ORS
183.360

Stats. Implemented:
ORS 183.335 & 183.360

Hist.: PRD
1-1988, f. & cert. ef. 2-5-88; Former paragraphs (3)(b)(A)–(K) & (c)(A)–(M)
renumbered to 160-001-0000; OSA 4-1993, f. & cert. ef. 11-10-93, Renumbered
from 164-001-0000; OSA 8-1997, f. & cert. ef. 10-6-97; OSA 3-2003, f. &
cert. ef. 11-20-03; OSA 2-2007, f. & cert. ef. 7-31-07; OSA 2-2012, f. &
cert. ef. 9-12-12
166-500-0005
Model Rules of Procedure
The Attorney General’s Model Rules
of Procedure under the Administrative Procedures Act, dated July 1, 2014, are adopted
as the rules of procedure for the Administrative Rules Unit.
[ED. NOTE: The full text of the Attorney
General’s Model Rules of Procedure is available from the office of the Attorney
General or the Archives Division.]
Stat. Auth.: ORS 183.360
Stats. Implemented: ORS 183.335
Hist.: PRD 2-1988, f. &
cert. ef. 2-5-88; PRD 6-1988, f. & cert. ef. 8-10-88; SOS-AD 1-1990, f. &
cert. ef. 5-9-90; SOS-AD 2-1991, f. & cert. ef. 12-3-91; OSA 4-1993, f. &
cert. ef. 11-10-93, Renumbered from 164-001-0005; OSA 8-1997, f. & cert. ef.
10-6-97; OSA 5-2001, f. & cert. ef. 7-5-01; OSA 5-2004, f. & cert. ef. 11-1-04;
OSA 4-2006, f. & cert. ef. 10-12-06; OSA 9-2009, f. & cert. ef. 10-15-09;
OSA 2-2012, f. & cert. ef. 9-12-12; OSA 2-2015, f. & cert. ef. 8-3-15
166-500-0010
Definitions
The following definitions
apply to 166-500-0000 through 166-500-0055.
(1) The “Administrative
Rules Unit” of the Archives Division of the Secretary of State’s Office
is the unit responsible for filing and publishing the Oregon Administrative Rules
and Rulemaking Notices.
(2) An “Adopted
Administrative Rule” is a completely new rule added to an agency’s existing
body of rules. New rule numbers must be approved by the Administrative Rules Unit
prior to filing.
(3) An “Amended
Administrative Rule” is an existing rule that is modified by additions or
deletions to the rule text under an existing rule number.
(4) “Appointment
of Rules Coordinator”: State agencies that adopt administrative rules must
appoint a rules coordinator. The Appointment of Agency Rules Coordinator form must
be filed with the Secretary of State, Administrative Rules Unit. See ORS 183.330.
These forms are available from the Administrative Rules Unit or downloadable from
the Administrative Rules Unit website at .
(5) The “Certificate
and Order for filing Permanent or Temporary Rules” (Certificate) is the form
that an agency is required to file with the Secretary of State, Administrative Rules
Unit of an adopted, amended or repealed rule See ORS 183.355(1)(a). The Certificate
is incorporated in the on-line filing system. Additionally, forms are available
from the Administrative Rules Unit or downloadable from the Administrative Rules
Unit website at .
(6) “Delegation
of Rulemaking Authority,” ORS 183.325 requires delegations of rulemaking authority
to be filed with the Administrative Rules Unit. The form is available from the Administrative
Rules Unit or can be downloaded from the Administrative Rules Unit website at .
(7) The “Effective
Date” for a Permanent or Temporary Administrative Rule must be its date of
filing with the Administrative Rules Unit or a later date specified by the agency.
Additionally, the effective date for a Permanent Administrative Rule must be at
least 21 days following publication of the Notice in the Oregon Bulletin.
(8) The “Filing
Date” for administrative rulemaking paperwork is the day it is received by
the Secretary of State, Administrative Rules Unit by on-line or hand delivery, mail
or fax.
(9) The “Model
Rules of Procedure,” for rulemaking (OAR 137-001-0005 through 137-001-0085)
have been established by the Attorney General’s office to implement the statutory
requirements (ORS 183.341(2)) of the Oregon Administrative Procedures Act.
(10) The
“Notice of Proposed Rulemaking” is a formal process for informing the
public of intended rulemaking action that includes an agency mailing to specific
individuals and organizations, and publication of a Notice in the Oregon Bulletin.
(11) The
“Notice of Proposed Rulemaking Hearing” is a formal process for informing
the public of a hearing related to intended rulemaking action, which includes an
agency mailing to specific individuals and organizations, and publication of a Notice
in the Oregon Bulletin.
(12) The
“Oregon Administrative Rules Compilation” is a publication that contains
the complete text of the Oregon Administrative Rules. The Oregon Administrative
Rules Compilation is available in electronic and printed formats. Electronic versions
are accessible on the Administrative Rules Unit website at .
Printed copies are at the State Archives and in the collections of Oregon’s
Public Documents Depository Libraries, listed in OAR 543-070-0000, and are available
for purchase from the Administrative Rules Unit.
(13) The
“Oregon Bulletin” is a monthly publication that documents all rulemaking
actions promulgated between printings of the Oregon Administrative Rules Compilation.
In addition to providing Notice of intended rulemaking action and adopted or amended
rule text, it includes Executive Orders of the Governor, Opinions of the Attorney
General, orders issued by the Director of the Department of Revenue and certain
other notices. The Oregon Bulletin is available electronically, and is on the Administrative
Rules Unit website at .
Printed copies are at the State Archives and in the collections of Oregon’s
Public Documents Depository Libraries, listed in OAR 543-070-0000, and are available
for purchase from the Administrative Rules Unit.
(14) A “Permanent
Administrative Rule” is the adoption of new rules or the amendment of existing
rules, and remains in effect until other rulemaking action is made on the specific
rule.
(15) A “Renumbered
Administrative Rule” is an existing rule that is moved from an existing rule
number to a new rule number.
(16) A “Repealed
Administrative Rule” is an existing rule that is completely removed from the
Oregon Administrative Rule Compilation.
(17) A “Rule
Caption” is a statement of not more than 15 words identifying the subject
matter of the rulemaking action. See ORS 183.335(2)(a)(A).
(18) A “Rule
Summary” is an objective statement summarizing the subject matter and purpose
of the intended action. See ORS 183.335(2)(a)(B).
(19) A “Rules
Coordinator” is the person appointed by an agency to coordinate the writing
and filing of Administrative Rules. An Appointment of Agency Rules Coordinator form
must be filed with the Administrative Rules Unit. See section (4) “Appointment
of Rules Coordinator”.
(20) A “Signature”
is the original, scanned or electronic signature of the agency’s authorized
signer who has legal authority to approve rulemaking filings, appoint agency rules
coordinators or delegate rulemaking authority.
(21) A “Statement
of Need and Fiscal Impact” explains the need for the proposed rulemaking action
and its fiscal impact. The Statement of Need and Fiscal Impact form accompanies
the Notice of Proposed Rulemaking Hearing or the Notice of Proposed Rulemaking.
The Statement of Need and Fiscal Impact form is incorporated in the on-line filing
system or can be downloaded from the Administrative Rules Unit website at .
(22) A “Statement
of Need and Justification” explains the need for a temporary rulemaking action
and the justification for submitting the changes as a temporary rule rather than
using the permanent rule process. The Statement of Need and Justification form accompanies
the Certificate and Order for Filing Temporary Rules and is incorporated in the
on-line filing system or can be downloaded from the Administrative Rules Unit website
at .
(23) “Statutory
Authority” (Stat. Auth.) is an agency’s authority to make rules granted
by Oregon Revised Statutes.
(24) “Statutes
(Stats.) Implemented” is the statute(s), bill(s) or federal legislation that
an agency implements through the rulemaking process.
(25) A “Suspended
Administrative Rule” is an existing rule that is rendered ineffective for
a specified time not to exceed 180 days. See ORS 183.335(6).
(26) A “Temporary
Rule” is a newly adopted, amended or suspended rule that remains in effect
for a specified period not to exceed 180 days.
[Publications: Publications
& Forms referenced are available from the agency.]
Stat. Auth.:
ORS 183

Stats. Implemented:
ORS 183

Hist.: OSA
9-1997(Temp), f. & cert. ef. 10-6-97; OSA 13-1997, f. & cert. ef. 11-3-97;
OSA 5-1999(Temp), f. & cert. ef. 12-9-99 thru 5-10-00; OSA 13-1997 f. &
cert. ef. 12-3-97; OSA 2-2000, f. & cert. ef. 3-9-00; OSA 2-2007, f. & cert.
ef. 7-31-07; OSA 2-2012, f. & cert. ef. 9-12-12
166-500-0015
Fees
Fees charged by
the Administrative Rules Unit are set forth in the Archives Division Fees rule OAR
166-010-0016. Fees for goods and services unique to the Administrative Rules Unit
are as follows:
(1) Certifying
administrative rule records — $5 per certification plus any copying, labor
or research fees incurred in filling the request;
(2) CD Rom
or other media — $20. per file copied,. plus any associated costs;
(3) Oregon
Administrative Rules Compilation bound set — $650;
(4) Individual
volumes of the OAR Compilation — $45;
(5) Oregon
Bulletin: Per hard copy issue — $20. each;
(6) Walk-in
customers or customers with large requests will be assisted as workloads permit.
Stat. Auth.: ORS
183.360

Stats. Implemented:
ORS 177.130, 183.370, 192 & 357.885

Hist.: SOS-AD
1-1992, f. & cert. ef. 2-11-92; OSA 4-1993, f. & cert. ef. 11-10-93, Renumbered
from 164-001-0015; OSA 7-1994(Temp), f. & cert. ef. 10-14-94; OSA 11-1994, f.
& ef. 11-21-94; OSA 8-1997, f. & cert. ef. 10-6-97; OSA 6-2001(Temp), f.
& cert. ef. 10-23-01 thru 4-15-02; OSA 1-2002, f. & cert. ef. 1-25-02; OSA
4-2002, f. & cert. ef. 7-3-02; OSA 3-2003, f. & cert. ef. 11-20-03; OSA
2-2007, f. & cert. ef. 7-31-07; OSA 3-2007(Temp), f. & cert. ef. 10-1-07
thru 3-29-08; OSA 4-2007, f. cert. ef. 11-29-07; OSA 8-2009, f. & cert. ef.
10-5-09; OSA 2-2012, f. & cert. ef. 9-12-12
166-500-0020
Administrative
Rule Filing Requirements
(1) The Administrative Rules Unit shall
compile, index and publish all rules adopted by each agency.
(2) Agencies must use the
on-line Filing System, available on the Unit’s website: to submit Administrative Rule filings (ORS 183.355) and Notices of Proposed Rulemaking
and Rulemaking Hearing (183.335(1) & (2)) to the Administrative Rules Unit of
the State Archives, Oregon Secretary of State. For publication in the following
month’s on-line Oregon Bulletin and Administrative Rules Compilation, filings
must be submitted to the Administrative Rules Unit by the 15th day of the month.
The on-line filing system generates date-stamped receipt copies that are e-mailed
to the rules coordinator. Rules coordinators should phone the Administrative Rules
Unit at (503) 373-0701 option 2 if they do not receive these receipt copies. Filings
must contain the date stamp from the deadline day or earlier to be published and
posted the following month.
(3) In cases when the on-line
system is unavailable, contact the Administrative Rules Unit. Administrative Rule
Filings and Notices may be mailed or delivered (Temporary Rule Filings and Notices
can be faxed) to the Administrative Rules Unit, with prior approval by the Administrative
Rules Unit, using forms available for download on the Oregon State Archives website
at . In addition to
the filing deadlines described in (2) above, mailed or delivered Filings and Notices
must be received by the Administrative Rules Unit office by 5:00 p.m. on the deadline
day.
Stat. Auth.: ORS 183.360
Stats. Implemented: ORS 183.335
& 183.360
Hist.: OSA 9-1997(Temp),
f. & cert. ef. 10-6-97; [OSA 4-1995, f. 8-15-95, cert. ef. 9-1-95; Suspended
by OSA 9-1997(Temp), f. & cert. ef. 10-6-97]; OSA 13-1997, f. & cert. ef.
11-3-97, Renumbered from 166-510-0001; OSA 5-1999(Temp), f. & cert. ef. 12-9-99
thru 5-10-00; OSA 2-2000, f. & cert. ef. 3-9-00; OSA 2-2007, f. & cert.
ef. 7-31-07; OSA 2-2012, f. & cert. ef. 9-12-12; OSA 1-2013, f. & cert.
ef. 10-10-13
166-500-0025
Lengthy Administrative Rule Filings
The Administrative Rules Unit may at its discretion omit rule text from publication in the printed version Oregon Bulletin when large rule filings are filed late in the publication cycle.
Stat. Auth.: ORS 183.360

Stats. Implemented: ORS 183.335 & 183.360

Hist.: OSA 4-1999(Temp), f. & cert. ef. 11-12-99 thru 5-10-00 OSA 2-2000, f. & cert. ef. 3-9-00; OSA 2-2007, f. & cert. ef. 7-31-07
166-500-0030
Components of a Notice of Proposed Rulemaking Hearing or a Notice of Proposed Rulemaking Filing
(1) A Notice of
Proposed Rulemaking Hearing or a Notice of Proposed Rulemaking filing consists of
two items filed through the on-line filing system. These are:
(a) The Notice
of Proposed Rulemaking Hearing or Notice of Proposed Rulemaking;
(b) The Statement
of Need and Fiscal Impact.
(2) In cases
when the on-line system is unavailable, Notices may be filed using one of the methods
described in OAR 166-500-0020(3). Forms are available from the Administrative Rules
Unit or downloadable from the Administrative Rules Unit website at .
Stat. Auth.:
ORS 183.360

Stats. Implemented:
ORS 183.335 & 183.360

Hist.: OSA
9-1997(Temp), f. & cert. ef. 10-6-97; OSA 13-1997, f. & cert. ef. 11-3-97;
OSA 2-2000, f. & cert. ef. 3-9-00; OSA 2-2007, f. & cert. ef. 7-31-07; OSA
1-2012(Temp), f. & cert. ef. 5-1-12 thru 10-26-12; OSA 2-2012, f. & cert.
ef. 9-12-12
166-500-0040
Components
of a Permanent Administrative Rule Filing
(1) Permanent Administrative
Rule filings have these three components:
(a) The Certificate
and Order for Filing Permanent Administrative Rules (Certificate) filed on-line,
including the Authorization page, signed by authorized signer, and attached as a
PDF within the on-line filing system.
(b) One Microsoft
Word® document containing the text of only those rules listed on the Certificate,
with complete and final rule text for each rule listed, except rules being repealed,
formatted as described in 166-500-0055 and attached within the on-line filing system.
Pages shall be numbered consecutively, and any special instructions noted.
(c) PDFs
of any tables, appendices or other specially formatted material appearing in the
rule text. One PDF per rule, named with the entire rule number. The Administrative
Rules Unit will include these items in the on-line Administrative Rules Compilation
whenever possible, but may omit these items from print publications.
(2) Agencies
adopting or amending rules incorporating published standards by reference may omit
copies of the publications if applicable, pursuant to ORS 183.355(1).
(3) Each
Certificate and Order for Filing Permanent Administrative Rules filed shall include
only administrative rules for which prior notice was published in the Oregon Bulletin.
This provision does not apply in the case of rules being renumbered only.
Stat. Auth.: ORS
183.360

Stats. Implemented:
ORS 183.325, 183.330, 183.335, 183.355 & 183.360

Hist.: OSA
9-1997(Temp), f. & cert. ef. 10-6-97; [OSA 4-1995, f. 8-15-95, cert. ef. 9-1-95;
Suspended by OSA 9-1997(Temp), f. & cert. ef. 10-6-97]; OSA 13-1997, f. &
cert. ef. 11-3-97, Renumbered from 166-510-0011; OSA 3-2003, f. & cert. ef.
11-20-03; OSA 2-2007, f. & cert. ef. 7-31-07; OSA 5-2009, f. & cert. ef.
7-1-09; OSA 1-2011(Temp), f. & cert. ef. 6-10-11 thru 12-7-11; OSA 2-2011(Temp),
f. & cert. ef. 7-1-11 thru 12-7-11; OSA 4-2011, f. & cert. ef. 10-14-11;
OSA 2-2012, f. & cert. ef. 9-12-12
166-500-0050
Components of a Temporary Administrative Rule Filing
(1) Temporary Administrative
Rule filings have these components:
(a) The Certificate
and Order for Filing Temporary Administrative Rules (Certificate) filed on-line,
including the Statement of Need and Justification, and the Authorization page signed
by authorized signer, and attached as a PDF within the on-line filing system.
(b) One Microsoft
Word® document containing the text of only those rules listed on the Certificate,
with complete and final rule text for each rule listed, except rules being suspended,
formatted as described in 166-500-0055 and attached within the on-line filing system.
Pages shall be numbered consecutively, and any special instructions noted.
(c) PDFs
of any tables, appendices or other specially formatted material appearing in the
rule text. One PDF per rule, named with the entire rule number. The Administrative
Rules Unit will include these items in the on-line Administrative Rules Compilation
whenever possible, but may omit these items from print publications.
(2) Agencies
adopting or amending rules incorporating published works by reference may omit copies
of the publications if applicable, pursuant to ORS 183.355(1)(b).
(3) If the
on-line system is unavailable, the Administrative Rules Unit will accept Temporary
Rules filings by prior approval and alternative methods as described in OAR 166-500-0020(3).
If faxed, a complete Temporary Administrative Rule Filing, as described in section
(1) of this rule, must be delivered to the Administrative Rules Unit within three
working days.
Stat. Auth.: ORS
183.360

Stats. Implemented:
ORS 183.325, 183.330, 183.335, 183.355 & 183.360

Hist.: OSA
9-1997(Temp), f. & cert. ef. 10-6-97; [OSA 4-1995, f. 8-15-95, cert. ef. 9-1-95;
Suspended by OSA 9-1997(Temp), f. & cert. ef. 10-6-97]; OSA 13-1997, f. &
cert. ef. 11-3-97, Renumbered from 166-510-0031; OSA 3-2003, f. & cert. ef.
11-20-03; OSA 2-2007, f. & cert. ef. 7-31-07; OSA 5-2009, f. & cert. ef.
7-1-09; OSA 2-2012, f. & cert. ef. 9-12-12
166-500-0055
Rule Text
to Be Filed as Part of Administrative Rule Filing
Rule text shall
be included with each Permanent and Temporary Administrative Rule filing, containing
Rule text in a single Microsoft Word® document attachment for each Permanent
or Temporary rule filing, with formatting as follows:
(1) Microsoft
Word® documents shall contain complete and final rule text for each rule listed
on the Certificate, and shall be clean and free from tabs, strike-throughs, underlines,
and other formats showing tracked changes. The documents shall contain only the
rules that are listed on the Certificate. No rule text shall be submitted for rules
being repealed or suspended;
(2) Rule
text shall be 12 point, or similarly readable size;
(3) Text
lines shall be from margin to margin, with no tabs and not in column form;
(4) Single
spaces shall be used throughout the text, with no double spaces between sentences,
no double spaces between lines, and no tabs.
(5) Division
titles shall be centered, boldface and use all uppercase letters;
(6) Division
subtitles shall be centered, boldface and use initial capitalization only;
(7) Rule
numbers shall be in the XXX-XXX-XXXX format and shall be flush left (left justified)
and boldface;
(8) Rule
titles shall be flush left (left justified), boldface and use initial capitalization;
(9) Rule
text shall be flush left (left justified) and use initial capitalization;
(10) Within
rules the internal numbering shall be (1), (a), (A), (i), (I). There shall not be
a (1) without a (2), (a) without a (b), etc.;
(11) The
text of each rule shall be followed by:
(a) The specific
statutory authority (“Stat. Auth.”) for that rule; and
(b) The specific
statute(s) being implemented (“Stats. Implemented”) by that rule.
(12) One
extra line space (hard return) shall be inserted only in the following locations
in the text:
(a) Before
and after centered division titles and subtitles;
(b) After
the “Stats. Implemented” of each rule.
(13) Text
shall appear in consecutive order by rule number;
(14) Special
formatting that is acceptable in rule text:
(a) Special
font usage (e.g. bold, italics, underline etc.);
(b) Special
characters (e.g. degree symbol);
(c) Quoted
text;
(d) Centered
text or titles; and
(e) Adoptions
by reference.
(15) File
names for each text document shall clearly indicate the OAR chapter and division
numbers for the rule text being filed.
Stat. Auth.: ORS
183.360

Stats. Implemented:
ORS 183.355 & 183.360

Hist.: OSA
9-1997(Temp), f. & cert. ef. 10-6-97; OSA 13-1997, f. & cert. ef. 11-3-97;
OSA 3-2003, f. & cert. ef. 11-20-03; OSA 2-2007, f. & cert. ef. 7-31-07;
OSA 5-2009, f. & cert. ef. 7-1-09; OSA 2-2012, f. & cert. ef. 9-12-12

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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copyrighted by the Oregon Secretary of State. Terms
and Conditions of Use