USA Statutes : oregon
Title : TITLE 18 EXECUTIVE BRANCH; ORGANIZATION
Chapter : Chapter 183 Administrative Procedures Act; Legislative Review of Rules; Civil Penalties
As used in this chapter:

(1) "Agency" means any state board, commission, department, or
division thereof, or officer authorized by law to make rules or to issue
orders, except those in the legislative and judicial branches.

(2)(a) "Contested case" means a proceeding before an agency:

(A) In which the individual legal rights, duties or privileges of
specific parties are required by statute or Constitution to be determined
only after an agency hearing at which such specific parties are entitled
to appear and be heard;

(B) Where the agency has discretion to suspend or revoke a right or
privilege of a person;

(C) For the suspension, revocation or refusal to renew or issue a
license where the licensee or applicant for a license demands such
hearing; or

(D) Where the agency by rule or order provides for hearings
substantially of the character required by ORS 183.415, 183.425, 183.450,
183.460 and 183.470.

(b) "Contested case" does not include proceedings in which an
agency decision rests solely on the result of a test.

(3) "Economic effect" means the economic impact on affected
businesses by and the costs of compliance, if any, with a rule for
businesses, including but not limited to the costs of equipment,
supplies, labor and administration.

(4) "Hearing officer" includes an administrative law judge.

(5) "License" includes the whole or part of any agency permit,
certificate, approval, registration or similar form of permission
required by law to pursue any commercial activity, trade, occupation or
profession.

(6)(a) "Order" means any agency action expressed orally or in
writing directed to a named person or named persons, other than
employees, officers or members of an agency. "Order" includes any agency
determination or decision issued in connection with a contested case
proceeding. "Order" includes:

(A) Agency action under ORS chapter 657 making determination for
purposes of unemployment compensation of employees of the state;

(B) Agency action under ORS chapter 240 which grants, denies,
modifies, suspends or revokes any right or privilege of an employee of
the state; and

(C) Agency action under ORS 468B.050 to issue a permit.

(b) "Final order" means final agency action expressed in writing.
"Final order" does not include any tentative or preliminary agency
declaration or statement that:

(A) Precedes final agency action; or

(B) Does not preclude further agency consideration of the subject
matter of the statement or declaration.

(7) "Party" means:

(a) Each person or agency entitled as of right to a hearing before
the agency;

(b) Each person or agency named by the agency to be a party; or

(c) Any person requesting to participate before the agency as a
party or in a limited party status which the agency determines either has
an interest in the outcome of the agency's proceeding or represents a
public interest in such result. The agency's determination is subject to
judicial review in the manner provided by ORS 183.482 after the agency
has issued its final order in the proceedings.

(8) "Person" means any individual, partnership, corporation,
association, governmental subdivision or public or private organization
of any character other than an agency.

(9) "Rule" means any agency directive, standard, regulation or
statement of general applicability that implements, interprets or
prescribes law or policy, or describes the procedure or practice
requirements of any agency. The term includes the amendment or repeal of
a prior rule, but does not include:

(a) Unless a hearing is required by statute, internal management
directives, regulations or statements which do not substantially affect
the interests of the public:

(A) Between agencies, or their officers or their employees; or

(B) Within an agency, between its officers or between employees.

(b) Action by agencies directed to other agencies or other units of
government which do not substantially affect the interests of the public.

(c) Declaratory rulings issued pursuant to ORS 183.410 or 305.105.

(d) Intra-agency memoranda.

(e) Executive orders of the Governor.

(f) Rules of conduct for persons committed to the physical and
legal custody of the Department of Corrections, the violation of which
will not result in:

(A) Placement in segregation or isolation status in excess of seven
days.

(B) Institutional transfer or other transfer to secure confinement
status for disciplinary reasons.

(C) Disciplinary procedures adopted pursuant to ORS 421.180.

(10) "Small business" means a corporation, partnership, sole
proprietorship or other legal entity formed for the purpose of making a
profit, which is independently owned and operated from all other
businesses and which has 50 or fewer employees. [1957 c.717 §1; 1965
c.285 §78a; 1967 c.419 §32; 1969 c.80 §37a; 1971 c.734 §1; 1973 c.386 §4;
1973 c.621 §1a; 1977 c.374 §1; 1977 c.798 §1; 1979 c.593 §6; 1981 c.755
§1; 1987 c.320 §141; 1987 c.861 §1; 2003 c.75 §71; 2005 c.523 §8](1) The provisions of ORS 183.410, 183.415, 183.425,
183.440, 183.450, 183.452, 183.458, 183.460, 183.470 and 183.480 do not
apply to local government boundary commissions created pursuant to ORS
199.425 or 199.430, the Department of Revenue, State Accident Insurance
Fund Corporation, Department of Consumer and Business Services with
respect to its functions under ORS chapters 654 and 656, Psychiatric
Security Review Board or State Board of Parole and Post-Prison
Supervision.

(2) This chapter does not apply with respect to actions of the
Governor authorized under ORS chapter 240 and ORS 396.125 or actions of
the Adjutant General authorized under ORS 396.160 (14).

(3) The provisions of ORS 183.410, 183.415, 183.425, 183.440,
183.450, 183.452, 183.458 and 183.460 do not apply to the Employment
Appeals Board or the Employment Department.

(4) The Employment Department shall be exempt from the provisions
of this chapter to the extent that a formal finding of the United States
Secretary of Labor is made that such provision conflicts with the terms
of the federal law, acceptance of which by the state is a condition
precedent to continued certification by the United States Secretary of
Labor of the state's law.

(5) The provisions of ORS 183.415 to 183.430, 183.440 to 183.460,
183.470 to 183.485 and 183.490 to 183.500 do not apply to orders issued
to persons who:

(a) Have been committed pursuant to ORS 137.124 to the custody of
the Department of Corrections or are otherwise confined in a Department
of Corrections facility; or

(b) Seek to visit an inmate confined in a Department of Corrections
facility.

(6) ORS 183.410, 183.415, 183.425, 183.440, 183.450, 183.460,
183.470 and 183.482 (3) do not apply to the Public Utility Commission.
Notwithstanding ORS 183.480 and except as provided in ORS 757.495 and
759.390, only a party to a hearing before the Public Utility Commission
is entitled to seek judicial review of an order of the commission.

(7) The provisions of this chapter do not apply to the suspension,
cancellation or termination of an apprenticeship or training agreement
under ORS 660.060.

(8) The provisions of ORS 183.413 to 183.497 do not apply to
administrative proceedings conducted under rules adopted by the Secretary
of State under ORS 246.190. [1971 c.734 §19; 1973 c.612 §3; 1973 c.621
§2; 1973 c.694 §1; 1975 c.759 §1; 1977 c.804 §45; 1979 c.593 §7; 1981
c.711 §16; 1987 c.320 §142; 1987 c.373 §21; 1989 c.90 §1; 1997 c.26 §1;
1999 c.448 §6; 1999 c.679 §1; 2003 c.64 §8; 2005 c.512 §30; 2005 c.638 §1]Note: Section 20, chapter 638, Oregon Laws 2005, provides:

Sec. 20. (1) The amendments to statutes by sections 1 to 19 of this
2005 Act apply to all proceedings under ORS 756.500 to 756.610, whether
commenced before, on or after the effective date of this 2005 Act
[January 1, 2006], except that the amendments to statutes by sections 1
to 19 of this 2005 Act do not apply to judicial review of any findings of
fact, conclusions of law or order that becomes subject to suit under ORS
756.580 (repealed by this 2005 Act) before the effective date of this
2005 Act.

(2) Notwithstanding the repeal of ORS 756.580, 756.585, 756.590,
756.594, 756.598 and 756.600 by section 21 of this 2005 Act and the
amendments to ORS 756.610 by section 6 of this 2005 Act, any findings of
fact, conclusions of law or order that becomes subject to suit under ORS
756.580 (repealed by this 2005 Act) before the effective date of this
2005 Act shall be governed by ORS 756.580, 756.585, 756.590, 756.594,
756.598 and 756.600 as though those sections had not been repealed by
this 2005 Act and ORS 756.610 as though ORS 756.610 had not been amended
(Adoption of Rules)Unless otherwise provided by law, an agency may delegate its
rulemaking authority to an officer or employee within the agency. A
delegation of authority under this section must be made in writing and
filed with the Secretary of State before the filing of any rule adopted
pursuant to the delegation. A delegation under this section may be made
only to one or more named individuals. The delegation of authority shall
reflect the name of the authorized individual or individuals, and be
signed in acknowledgment by the named individuals. Any officer or
employee to whom rulemaking authority is delegated under this section is
an "agency" for the purposes of the rulemaking requirements of this
(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).

(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. [1957
c.717 §2; 1971 c.734 §4; 1975 c.759 §3; 1979 c.593 §8; 1993 c.729 §2;
2001 c.220 §3]It is the policy of this state that agencies
shall seek to retain and promote the unique identity of Oregon by
considering local conditions when an agency adopts policies and rules.
However, since there are many federal laws and regulations that apply to
activities that are also regulated by the state, it is also the policy of
this state that agencies attempt to adopt rules that correspond with
equivalent federal laws and rules unless:

(1) There is specific statutory direction to the agency that
authorizes the adoption of the rule;

(2) A federal waiver has been granted that authorizes the adoption
of the rule;

(3) Local or special conditions exist in this state that warrant a
different rule;

(4) The state rule has the effect of clarifying the federal rules,
standards, procedures or requirements;

(5) The state rule achieves the goals of the federal and state law
with the least impact on public and private resources; or

(6) There is no corresponding federal regulation. [1997 c.602 §2](1) The Legislative
Assembly finds and declares that it is the policy of this state that
whenever possible the public be involved in the development of public
policy by agencies and in the drafting of rules. The Legislative Assembly
encourages agencies to seek public input to the maximum extent possible
before giving notice of intent to adopt a rule. The agency may appoint an
advisory committee that will represent the interests of persons likely to
be affected by the rule, or use any other means of obtaining public views
that will assist the agency in drafting the rule.

(2) Any agency in its discretion may develop a list of interested
parties and inform those parties of any issue that may be the subject of
rulemaking and invite the parties to make comments on the issue.

(3) If an agency appoints an advisory committee for consideration
of a rule under subsection (1) of this section, the agency shall seek the
committee's recommendations on whether the rule will have a fiscal
impact, what the extent of that impact will be and whether the rule will
have a significant adverse impact on small businesses. If the committee
indicates that the rule will have a significant adverse impact on small
businesses, the agency shall seek the committee's recommendations on
compliance with ORS 183.540.

(4) An agency shall consider an advisory committee's
recommendations provided under subsection (3) of this section in
preparing the statement of fiscal impact required by ORS 183.335
(2)(b)(E).

(5) If an agency does not appoint an advisory committee for
consideration of a permanent rule under subsection (1) of this section
and 10 or more persons likely to be affected by the rule object to the
agency's statement of fiscal impact as required by ORS 183.335 (2)(b)(E)
or an association with at least 10 members likely to be affected by the
rule objects to the statement, the agency shall appoint a fiscal impact
advisory committee to provide recommendations on whether the rule will
have a fiscal impact and what the extent of that impact will be. An
objection under this subsection must be made not later than 14 days after
the notice required by ORS 183.335 (1) is given. If the agency determines
that the statement does not adequately reflect the rule's fiscal impact,
the agency shall extend the period for submission of data or views under
ORS 183.335 (3)(a) by at least 20 days. The agency shall include any
recommendations from the committee in the record maintained by the agency
for the rule.

(6) Subsection (5) of this section does not apply to any rule
adopted by an agency to comply with a judgment or a settlement of a
judicial proceeding. [2003 c.749 §4; 2005 c.807 §4](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) of this section; and

(d) At least 49 days before the effective date, to the persons
specified in subsection (15) 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.

(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) of this section and to the persons
specified in subsection (15) 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) 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) Notwithstanding subsections (1) to (4) 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 references.

(8) Any person may request in writing that an agency send to the
person copies of its notices of intended action given pursuant to
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) 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) 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) 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) Notwithstanding the provisions of subsection (11) 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) 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) 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) 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) 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) 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) 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,


     

(1) The
statement of cost of compliance effect on small businesses required by
ORS 183.335 (2)(b)(E) must include:

(a) An estimate of the number of small businesses subject to the
proposed rule and identification of the types of businesses and
industries with small businesses subject to the proposed rule;

(b) A brief description of the projected reporting, recordkeeping
and other administrative activities required for compliance with the
proposed rule, including costs of professional services;

(c) An identification of equipment, supplies, labor and increased
administration required for compliance with the proposed rule; and

(d) A description of the manner in which the agency proposing the
rule involved small businesses in the development of the rule.

(2) An agency shall utilize available information in complying with
the requirements of this section. [2005 c.807 §2]Note: 183.336 was added to and made a part of 183.325 to 183.410 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation. (1)
Notwithstanding ORS 183.335, when an agency is required to adopt rules or
regulations promulgated by an agency of the federal government and the
agency has no authority to alter or amend the content or language of
those rules or regulations prior to their adoption, the agency may adopt
those rules or regulations under the procedure prescribed in this section.

(2) Prior to the adoption of a federal rule or regulation under
subsection (1) of this section, the agency shall give notice of the
adoption of the rule or regulation, the effective date of the rule or
regulation in this state and the subject matter of the rule or regulation
in the manner established in ORS 183.335 (1).

(3) After giving notice the agency may adopt the rule or regulation
by filing a copy with the Secretary of State in compliance with ORS
183.355. The agency is not required to conduct a public hearing
concerning the adoption of the rule or regulation.

(4) Nothing in this section authorizes an agency to amend federal
rules or regulations or adopt rules in accordance with federal
requirements without giving an opportunity for hearing as required by ORS
183.335. [1979 c.593 §15](1) The
Attorney General shall prepare model rules of procedure appropriate for
use by as many agencies as possible. Except as provided in ORS 183.630,
any agency may adopt all or part of the model 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 for the filing of rules. The model rules may be
amended from time to time by an adopting agency or the Attorney General
after notice and opportunity for hearing as required by rulemaking
procedures under this chapter.

(2) Except as provided in ORS 183.630, all agencies shall adopt
rules of procedure to be utilized in the adoption of rules and conduct of
proceedings in contested cases or, if exempt from the contested case
provisions of this chapter, for the conduct of proceedings.

(3) The Secretary of State shall publish in the Oregon
Administrative Rules:

(a) The Attorney General's model rules adopted under subsection (1)
of this section;

(b) The procedural rules of all agencies that have not adopted the
Attorney General's model rules; and

(c) The notice procedures required by ORS 183.335 (1).

(4) Agencies shall adopt rules of procedure which will provide a
reasonable opportunity for interested persons to be notified of the
agency's intention to adopt, amend or repeal a rule.

(5) No rule adopted after September 13, 1975, is valid unless
adopted in substantial compliance with the rules adopted pursuant to
subsection (4) of this section. [1975 c.759 §6 (enacted in lieu of
183.340); 1979 c.593 §12; 1997 c.837 §1; 1999 c.849 §§24,25; 2003 c.75
§28](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
(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"
(1) Notwithstanding ORS 183.360, the Secretary of State may
implement a program for the publication of the Oregon Administrative
Rules not less than once every two years with annual supplements. The
Secretary of State may implement a program under this section only if the
Secretary of State publishes the full text of proposed administrative
rules in the manner specified by this section.

(2) Except as provided in subsection (3) of this section, upon
implementing a program under this section the Secretary of State shall
require that an agency submit the full text of the proposed rule in
addition to information required to be published under the provisions of
ORS 183.335 (1). Except as provided in subsection (3) of this section,
the Secretary of State shall publish the full text of the proposed rule
in the bulletin referred to in ORS 183.360.

(3) The Secretary of State may waive the submission of the full
text of a proposed administrative rule and decline to publish the full
text of the proposed rule in the bulletin referred to in ORS 183.360 if:

(a) The proposed rule is unusually voluminous; and

(b) In addition to the information provided by the agency under the
provisions of ORS 183.335 (2) the agency identifies a location where the
rule is available for inspection and copying.

(4) If the adopted rule submitted to the Secretary of State under
the provisions of ORS 183.355 is different from the proposed rule
submitted to the Secretary of State under a program implemented under
this section, the Secretary of State shall publish in the bulletin
referred to in ORS 183.360 either the full text of the rule as adopted or
a list of the changes made in the proposed rule before the agency adopted
Note: 183.362 was added to and made a part of ORS chapter 183 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation. (1)
Pursuant to ORS 183.360, the Secretary of State shall publish in
electronic form administrative rules adopted or amended by state agencies
and make the information available to the public and members of the
Legislative Assembly.

(2) The Secretary of State shall determine the most cost-effective
format and procedures for the timely release of the information described
in subsection (1) of this section in electronic form.

(3) Pursuant to ORS 183.360 (2)(b), the Secretary of State shall
establish requirements for filing administrative rules adopted or amended
by state agencies for entry into computer networks for the purpose of
subsection (1) of this section.

(4) Although each state agency is responsible for its information
resources, centralized information resource management must also exist to:

(a) Provide public access to the information described in
subsection (1) of this section;

(b) Provide technical assistance to state agencies; and

(c) Ensure that the information resources needed to implement
subsection (1) of this section are addressed along with the needs of the
individual agencies.

(5) Personal information concerning a person who accesses the
information identified in subsection (1) of this section may be
maintained only for the purpose of providing service to the person.

(6) No fee or other charge may be imposed by the Secretary of State
as a condition of accessing the information identified in subsection (1)
of this section.

(7) No action taken pursuant to this section shall be deemed to
alter or relinquish any copyright or other proprietary interest or
entitlement of the State of Oregon relative to any of the information
made available pursuant to subsection (1) of this section. [1995 c.614 §5]Note: 183.365 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 183 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. The bulletins and
compilations may be distributed by the Secretary of State free of charge
as provided for the distribution of legislative materials referred to in
ORS 171.236. Other copies of the bulletins and compilations shall be
distributed by the Secretary of State at a cost determined by the
Secretary of State. Any agency may compile and publish its rules or all
or part of its rules for purpose of distribution outside of the agency
only after it proves to the satisfaction of the Secretary of State that
agency publication is necessary. [1957 c.717 §4 (4); 1959 c.260 §1; 1969
c.174 §4; 1975 c.759 §8; 1977 c.394 §3] (1) An interested
person may petition an agency requesting the promulgation, amendment or
repeal of a rule. The Attorney General shall prescribe by rule the form
for such petitions and the procedure for their submission, consideration
and disposition. Not later than 90 days after the date of submission of a
petition, the agency either shall deny the petition in writing or shall
initiate rulemaking proceedings in accordance with ORS 183.335.

(2) If a petition requesting the amendment or repeal of a rule is
submitted to an agency under this section, the agency shall invite public
comment upon the rule, and shall specifically request public comment on
whether options exist for achieving the rule's substantive goals in a way
that reduces the negative economic impact on businesses.

(3) In reviewing a petition subject to subsection (2) of this
section, the agency shall consider:

(a) The continued need for the rule;

(b) The nature of complaints or comments received concerning the
rule from the public;

(c) The complexity of the rule;

(d) The extent to which the rule overlaps, duplicates or conflicts
with other state rules or federal regulations and, to the extent
feasible, with local government regulations;

(e) The degree to which technology, economic conditions or other
factors have changed in the subject area affected by the rule; and

(f) The statutory citation or legal basis for the rule. [1957 c.717
§5; 1971 c.734 §8; 2003 c.749 §6] (1) The
validity of any rule may be determined upon a petition by any person to
the Court of Appeals in the manner provided for review of orders in
contested cases. The court shall have jurisdiction to review the validity
of the rule whether or not the petitioner has first requested the agency
to pass upon the validity of the rule in question, but not when the
petitioner is a party to an order or a contested case in which the
validity of the rule may be determined by a court.

(2) The validity of any applicable rule may also be determined by a
court, upon review of an order in any manner provided by law or pursuant
to ORS 183.480 or upon enforcement of such rule or order in the manner
provided by law.

(3) Judicial review of a rule shall be limited to an examination of:

(a) The rule under review;

(b) The statutory provisions authorizing the rule; and

(c) Copies of all documents necessary to demonstrate compliance
with applicable rulemaking procedures.

(4) The court shall declare the rule invalid only if it finds that
the rule:

(a) Violates constitutional provisions;

(b) Exceeds the statutory authority of the agency; or

(c) Was adopted without compliance with applicable rulemaking
procedures.

(5) In the case of disputed allegations of irregularities in
procedure which, if proved, would warrant reversal or remand, the Court
of Appeals may refer the allegations to a master appointed by the court
to take evidence and make findings of fact. The court's review of the
master's findings of fact shall be de novo on the evidence.

(6) The court shall not declare a rule invalid solely because it
was adopted without compliance with applicable rulemaking procedures
after a period of two years after the date the rule was filed in the
office of the Secretary of State, if the agency attempted to comply with
those procedures and its failure to do so did not substantially prejudice
the interests of the parties. [1957 c.717 §6; 1971 c.734 §9; 1975 c.759
§9; 1979 c.593 §17; 1987 c.861 §3] (1) Not later than five years after
adopting a rule, an agency shall review the rule for the purpose of
determining:

(a) Whether the rule has had the intended effect;

(b) Whether the anticipated fiscal impact of the rule was
underestimated or overestimated;

(c) Whether subsequent changes in the law require that the rule be
repealed or amended; and

(d) Whether there is continued need for the rule.

(2) An agency shall utilize available information in complying with
the requirements of subsection (1) of this section.

(3) If an agency appoints an advisory committee pursuant to ORS
183.333 for consideration of a rule subject to the requirements of this
section, the agency shall provide the advisory committee with a report on
a review of the rule conducted under this section.

(4) The provisions of this section do not apply to the amendment or
repeal of a rule.

(5) The provisions of this section do not apply to:

(a) Rules adopted to implement court orders or the settlement of
civil proceedings;

(b) Rules that adopt federal laws or rules by reference;

(c) Rules adopted to implement legislatively approved fee changes;
or

Note: 183.405 was added to and made a part of 183.325 to 183.410 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.On petition of any interested
person, any agency may in its discretion issue a declaratory ruling with
respect to the applicability to any person, property, or state of facts
of any rule or statute enforceable by it. A declaratory ruling is binding
between the agency and the petitioner on the state of facts alleged,
unless it is altered or set aside by a court. However, the agency may,
where the ruling is adverse to the petitioner, review the ruling and
alter it if requested by the petitioner. Binding rulings provided by this
section are subject to review in the Court of Appeals in the manner
provided in ORS 183.480 for the review of orders in contested cases. The
Attorney General shall prescribe by rule the form for such petitions and
the procedure for their submission, consideration and disposition. The
petitioner shall have the right to submit briefs and present oral
argument at any declaratory ruling proceeding held pursuant to this
section. [1957 c.717 §7; 1971 c.734 §10; 1973 c.612 §5](Contested Cases)(1) The Legislative Assembly finds that the
citizens of this state have a right to be informed as to the procedures
by which contested cases are heard by state agencies, their rights in
hearings before state agencies, the import and effect of hearings before
state agencies and their rights and remedies with respect to actions
taken by state agencies. Accordingly, it is the purpose of subsections
(2) to (4) of this section to set forth certain requirements of state
agencies so that citizens shall be fully informed as to these matters
when exercising their rights before state agencies.

(2) Prior to the commencement of a contested case hearing before
any agency including those agencies identified in ORS 183.315, the agency
shall inform each party to the hearing of the following matters:

(a) If a party is not represented by an attorney, a general
description of the hearing procedure including the order of presentation
of evidence, what kinds of evidence are admissible, whether objections
may be made to the introduction of evidence and what kind of objections
may be made and an explanation of the burdens of proof or burdens of
going forward with the evidence.

(b) Whether a record will be made of the proceedings and the manner
of making the record and its availability to the parties.

(c) The function of the record-making with respect to the
perpetuation of the testimony and evidence and with respect to any appeal
from the determination or order of the agency.

(d) Whether an attorney will represent the agency in the matters to
be heard and whether the parties ordinarily and customarily are
represented by an attorney.

(e) The title and function of the person presiding at the hearing
with respect to the decision process, including, but not limited to, the
manner in which the testimony and evidence taken by the person presiding
at the hearing are reviewed, the effect of that person's determination,
who makes the final determination on behalf of the agency, whether the
person presiding at the hearing is or is not an employee, officer or
other representative of the agency and whether that person has the
authority to make a final independent determination.

(f) In the event a party is not represented by an attorney, whether
the party may during the course of proceedings request a recess if at
that point the party determines that representation by an attorney is
necessary to the protection of the party's rights.

(g) Whether there exists an opportunity for an adjournment at the
end of the hearing if the party then determines that additional evidence
should be brought to the attention of the agency and the hearing reopened.

(h) Whether there exists an opportunity after the hearing and prior
to the final determination or order of the agency to review and object to
any proposed findings of fact, conclusions of law, summary of evidence or
recommendations of the officer presiding at the hearing.

(i) A description of the appeal process from the determination or
order of the agency.

(3) The information required to be given to a party to a hearing
under subsection (2) of this section may be given in writing or orally
before commencement of the hearing.

(4) The failure of an agency to give notice of any item specified
in subsection (2) of this section, shall not invalidate any determination
or order of the agency unless upon an appeal from or review of the
determination or order a court finds that the failure affects the
substantial rights of the complaining party. In the event of such a
finding, the court shall remand the matter to the agency for a reopening
of the hearing and shall direct the agency as to what steps it shall take
to remedy the prejudice to the rights of the complaining party. [1979
c.593 §§37, 38,39; 1995 c.79 §63](1) In a contested
case, all parties shall be afforded an opportunity for hearing after
reasonable notice, served personally or by registered or certified mail.

(2) The notice shall include:

(a) A statement of the party's right to hearing, or a statement of
the time and place of the hearing;

(b) A statement of the authority and jurisdiction under which the
hearing is to be held;

(c) A reference to the particular sections of the statutes and
rules involved; and

(d) A short and plain statement of the matters asserted or charged.

(3) Parties may elect to be represented by counsel and to respond
and present evidence and argument on all issues involved.

(4) Agencies may adopt rules of procedure governing participation
in contested cases by persons appearing as limited parties.

(5)(a) Unless precluded by law, informal disposition may be made of
any contested case by stipulation, agreed settlement, consent order or
default. Informal settlement may be made in license revocation
proceedings by written agreement of the parties and the agency consenting
to a suspension, fine or other form of intermediate sanction.

(b) Any informal disposition of a contested case, other than an
informal disposition by default, must be in writing and signed by the
party or parties to the contested case. The agency shall incorporate that
disposition into a final order. An order under this paragraph is not
subject to ORS 183.470. The agency shall deliver or mail a copy of the
order to each party, or, if applicable, to the party's attorney of
record. An order that incorporates the informal disposition is a final
order in a contested case, but is not subject to judicial review. A party
may petition the agency to set aside a final order that incorporates the
informal disposition on the ground that the informal disposition was
obtained by fraud or duress.

(6) An order adverse to a party may be issued upon default only
upon prima facie case made on the record of the agency. When an order is
effective only if a request for hearing is not made by the party, the
record may be made at the time of issuance of the order, and if the order
is based only on material included in the application or other
submissions of the party, the agency may so certify and so notify the
party, and such material shall constitute the evidentiary record of the
proceeding if hearing is not requested.

(7) At the commencement of the hearing, the officer presiding shall
explain the issues involved in the hearing and the matters that the
parties must either prove or disprove.

(8) Testimony shall be taken upon oath or affirmation of the
witness from whom received. The officer presiding at the hearing shall
administer oaths or affirmations to witnesses.

(9) The officer presiding at the hearing shall place on the record
a statement of the substance of any written or oral ex parte
communications on a fact in issue made to the officer during the pendency
of the proceeding and notify the parties of the communication and of
their right to rebut such communications. If an ex parte communication is
made to an administrative law judge assigned from the Office of
Administrative Hearings established by ORS 183.605, the administrative
law judge must comply with ORS 183.685.

(10) The officer presiding at the hearing shall ensure that the
record developed at the hearing shows a full and fair inquiry into the
facts necessary for consideration of all issues properly before the
presiding officer in the case.

(11) The record in a contested case shall include:

(a) All pleadings, motions and intermediate rulings.

(b) Evidence received or considered.

(c) Stipulations.

(d) A statement of matters officially noticed.

(e) Questions and offers of proof, objections and rulings thereon.

(f) A statement of any ex parte communications on a fact in issue
made to the officer presiding at the hearing.

(g) Proposed findings and exceptions.

(h) Any proposed, intermediate or final order prepared by the
agency or an administrative law judge.

(12) A verbatim oral, written or mechanical record shall be made of
all motions, rulings and testimony. The record need not be transcribed
unless requested for purposes of rehearing or court review. The agency
may charge the party requesting transcription the cost of a copy of
transcription, unless the party files an appropriate affidavit of
indigency. However, upon petition, a court having jurisdiction to review
under ORS 183.480 may reduce or eliminate the charge upon finding that it
is equitable to do so, or that matters of general interest would be
determined by review of the order of the agency. [1971 c.734 §13; 1979
c.593 §18; 1985 c.757 §1; 1997 c.837 §2; 1999 c.849 §§27,28; 2003 c.75
§29] (1)
On petition of any party to a contested case, or upon the agency's own
motion, the agency may order that the testimony of any material witness
may be taken by deposition in the manner prescribed by law for
depositions in civil actions. Depositions may also be taken by the use of
audio or audio-visual recordings. The petition shall set forth the name
and address of the witness whose testimony is desired, a showing of the
materiality of the testimony of the witness, and a request for an order
that the testimony of such witness be taken before an officer named in
the petition for that purpose. If the witness resides in this state and
is unwilling to appear, the agency may issue a subpoena as provided in
ORS 183.440, requiring the appearance of the witness before such officer.

(2) An agency may, by rule, prescribe other methods of discovery
which may be used in proceedings before the agency. [1971 c.734 §14; 1975
c.759 §11; 1979 c.593 §19; 1997 c.837 §6] (1) In the
case of any license which must be periodically renewed, where the
licensee has made timely application for renewal in accordance with the
rules of the agency, such license shall not be deemed to expire, despite
any stated expiration date thereon, until the agency concerned has issued
a formal order of grant or denial of such renewal. In case an agency
proposes to refuse to renew such license, upon demand of the licensee,
the agency must grant hearing as provided by this chapter before issuance
of order of refusal to renew. This subsection does not apply to any
emergency or temporary permit or license.

(2) In any case where the agency finds a serious danger to the
public health or safety and sets forth specific reasons for such
findings, the agency may suspend or refuse to renew a license without
hearing, but if the licensee demands a hearing within 90 days after the
date of notice to the licensee of such suspension or refusal to renew,
then a hearing must be granted to the licensee as soon as practicable
after such demand, and the agency shall issue an order pursuant to such
hearing as required by this chapter confirming, altering or revoking its
earlier order. Such a hearing need not be held where the order of
suspension or refusal to renew is accompanied by or is pursuant to, a
citation for violation which is subject to judicial determination in any
court of this state, and the order by its terms will terminate in case of
final judgment in favor of the licensee. [1957 c.717 §8 (3), (4); 1965
c.212 §1; 1971 c.734 §11]When an agency refuses to
issue a license required to pursue any commercial activity, trade,
occupation or profession if the refusal is based on grounds other than
the results of a test or inspection that agency shall grant the person
requesting the license 60 days from notification of the refusal to
request a hearing. [Formerly 670.285] (1) An agency may issue
subpoenas on its own motion in a contested case. In addition, an agency
or hearing officer in a contested case may issue subpoenas upon the
request of a party to a contested case upon a showing of general
relevance and reasonable scope of the evidence sought. A party entitled
to have witnesses on behalf of the party may have subpoenas issued by an
attorney of record of the party, subscribed by the signature of the
attorney. Witnesses appearing pursuant to subpoena, other than the
parties or officers or employees of the agency, shall receive fees and
mileage as prescribed by law for witnesses in ORS 44.415 (2).

(2) If any person fails to comply with any subpoena so issued or
any party or witness refuses to testify on any matters on which the party
or witness may be lawfully interrogated, the judge of the circuit court
of any county, on the application of the hearing officer, the agency or
the party requesting the issuance of or issuing the subpoena, shall
compel obedience by proceedings for contempt as in the case of
disobedience of the requirements of a subpoena issued from such court or
a refusal to testify therein. [1957 c.717 §8 (2); 1971 c.734 §12; 1979
c.593 §20; 1981 c.174 §4; 1989 c.980 §10a; 1997 c.837 §3; 1999 c.849 §30](1) In any proceeding before an agency
not subject to ORS 183.440 in which a party is entitled to have subpoenas
issued for the appearance of witnesses on behalf of the party, a subpoena
may be issued by an attorney of record of the party, subscribed by the
signature of the attorney. A subpoena issued by an attorney of record may
be enforced in the same manner as a subpoena issued by the agency.

(2) In any proceeding before an agency not subject to ORS 183.440
in which a party is entitled to have subpoenas issued by the agency to
compel the appearance of witnesses on behalf of the party, the agency may
issue subpoenas on its own motion. [1981 c.174 §6; 1997 c.837 §4; 1999
c.849 §32] In contested cases:

(1) Irrelevant, immaterial or unduly repetitious evidence shall be
excluded but erroneous rulings on evidence shall not preclude agency
action on the record unless shown to have substantially prejudiced the
rights of a party. All other evidence of a type commonly relied upon by
reasonably prudent persons in conduct of their serious affairs shall be
admissible. Agencies and hearing officers shall give effect to the rules
of privilege recognized by law. Objections to evidentiary offers may be
made and shall be noted in the record. Any part of the evidence may be
received in written form.

(2) All evidence shall be offered and made a part of the record in
the case, and except for matters stipulated to and except as provided in
subsection (4) of this section no other factual information or evidence
shall be considered in the determination of the case. Documentary
evidence may be received in the form of copies or excerpts, or by
incorporation by reference. The burden of presenting evidence to support
a fact or position in a contested case rests on the proponent of the fact
or position.

(3) Every party shall have the right of cross-examination of
witnesses who testify and shall have the right to submit rebuttal
evidence. Persons appearing in a limited party status shall participate
in the manner and to the extent prescribed by rule of the agency.

(4) The hearing officer and agency may take notice of judicially
cognizable facts, and may take official notice of general, technical or
scientific facts within the specialized knowledge of the hearing officer
or agency. Parties shall be notified at any time during the proceeding
but in any event prior to the final decision of material officially
noticed and they shall be afforded an opportunity to contest the facts so
noticed. The hearing officer and agency may utilize the hearing officer's
or agency's experience, technical competence and specialized knowledge in
the evaluation of the evidence presented.

(5) No sanction shall be imposed or order be issued except upon
consideration of the whole record or such portions thereof as may be
cited by any party, and as supported by, and in accordance with,
reliable, probative and substantial evidence. [1957 c.717 §9; 1971 c.734
§15; 1975 c.759 §12; 1977 c.798 §3; 1979 c.593 §21; 1987 c.833 §1; 1995
c.272 §5; 1997 c.391 §1; 1997 c.801 §76; 1999 c.448 §5; 1999 c.849 §34] (1)
Agencies may, at their discretion, be represented at contested case
hearings by the Attorney General.

(2) Notwithstanding ORS 9.160, 9.320 and ORS chapter 180, and
unless otherwise authorized by another law, an agency may be represented
at contested case hearings by an officer or employee of the agency if:

(a) The Attorney General has consented to the representation of the
agency by an agency representative in the particular hearing or in the
class of hearings that includes the particular hearing; and

(b) The agency, by rule, has authorized an agency representative to
appear on its behalf in the particular type of hearing being conducted.

(3) An agency representative acting under the provisions of this
section may not give legal advice to an agency, and may not present legal
argument in contested case hearings, except to the extent authorized by
subsection (4) of this section.

(4) The officer presiding at a contested case hearing in which an
agency representative appears under the provisions of this section may
allow the agency representative to present evidence, examine and
cross-examine witnesses, and make arguments relating to the:

(a) Application of statutes and rules to the facts in the contested
case;

(b) Actions taken by the agency in the past in similar situations;

(c) Literal meaning of the statutes or rules at issue in the
contested case;

(d) Admissibility of evidence; and

(e) Proper procedures to be used in the contested case hearing.

(5) Upon judicial review, no limitation imposed under this section
on an agency representative is the basis for reversal or remand of agency
action unless the limitation resulted in substantial prejudice to a party.

(6) The Attorney General may prepare model rules for agency
representatives authorized under this section. [1999 c.448 §3]Note: 183.452 was added to and made a part of 183.413 to 183.470 by
legislative action but was not added to any other series. See Preface to
Oregon Revised Statutes for further explanation.(1) Notwithstanding ORS 8.690, 9.160 and
9.320, and unless otherwise authorized by another law, a person
participating in a contested case hearing conducted by an agency
described in this subsection may be represented by an attorney or by an
authorized representative subject to the provisions of subsection (2) of
this section. The Attorney General shall prepare model rules for
proceedings with lay representation that do not have the effect of
precluding lay representation. No rule adopted by a state agency shall
have the effect of precluding lay representation. The agencies before
which an authorized representative may appear are:

(a) The State Landscape Contractors Board in the administration of
the Landscape Contractors Law.

(b) The State Department of Energy and the Energy Facility Siting
Council.

(c) The Environmental Quality Commission and the Department of
Environmental Quality.

(d) The Department of Consumer and Business Services for
proceedings in which an insured appears pursuant to ORS 737.505.

(e) The Department of Consumer and Business Services and any other
agency for the purpose of proceedings to enforce the state building code,
as defined by ORS 455.010.

(f) The State Fire Marshal in the Department of State Police.

(g) The Department of State Lands for proceedings regarding the
issuance or denial of fill or removal permits under ORS 196.800 to
196.825.

(h) The Public Utility Commission.

(i) The Water Resources Commission and the Water Resources
Department.

(j) The Land Conservation and Development Commission and the
Department of Land Conservation and Development.

(k) The State Department of Agriculture, for purposes of hearings
under ORS 215.705.

(L) The Bureau of Labor and Industries.

(2) A person participating in a contested case hearing as provided
in subsection (1) of this section may appear by an authorized
representative if:

(a) The agency conducting the contested case hearing has determined
that appearance of such a person by an authorized representative will not
hinder the orderly and timely development of the record in the type of
contested case hearing being conducted;

(b) The agency conducting the contested case hearing allows, by
rule, authorized representatives to appear on behalf of such participants
in the type of contested case hearing being conducted; and

(c) The officer presiding at the contested case hearing may
exercise discretion to limit an authorized representative's presentation
of evidence, examination and cross-examination of witnesses, or
presentation of factual arguments to ensure the orderly and timely
development of the hearing record, and shall not allow an authorized
representative to present legal arguments except to the extent authorized
under subsection (3) of this section.

(3) The officer presiding at a contested case hearing in which an
authorized representative appears under the provisions of this section
may allow the authorized representative to present evidence, examine and
cross-examine witnesses, and make arguments relating to the:

(a) Application of statutes and rules to the facts in the contested
case;

(b) Actions taken by the agency in the past in similar situations;

(c) Literal meaning of the statutes or rules at issue in the
contested case;

(d) Admissibility of evidence; and

(e) Proper procedures to be used in the contested case hearing.

(4) Upon judicial review, no limitation imposed by an agency
presiding officer on the participation of an authorized representative
shall be the basis for reversal or remand of agency action unless the
limitation resulted in substantial prejudice to a person entitled to
judicial review of the agency action.

(5) For the purposes of this section, "authorized representative"
means a member of a participating partnership, an authorized officer or
regular employee of a participating corporation, association or organized
group, or an authorized officer or employee of a participating
governmental authority other than a state agency. [1987 c.833 §3; 1989
c.453 §2; 1993 c.186 §4; 1995 c.102 §1; 1999 c.448 §1; 1999 c.599 §1]Note: 183.457 was added to and made a part of 183.413 to 183.470 by
legislative action but was not added to any other series. See Preface to
Oregon Revised Statutes for further explanation.(1) Notwithstanding any other provision of law, in any
contested case hearing before a state agency involving child support or
public assistance as defined in ORS 411.010, a party may be represented
by any of the following persons:

(a) An authorized representative who is an employee of a nonprofit
legal services program that receives funding pursuant to ORS 9.572. The
authorized representative must be supervised by an attorney also employed
by a legal services program.

(b) An authorized representative who is an employee of the system
described in ORS 192.517 (1). The authorized representative must be
supervised by an attorney also employed by the system.

(2) In any contested case hearing before a state agency involving
child support, a party may be represented by a law student who is:

(a) Handling the child support matter as part of a law school
clinical program in which the student is enrolled; and

(b) Supervised by an attorney employed by the program.

(3) A person authorized to represent a party under this section may
present evidence in the proceeding, examine and cross-examine witnesses
and present factual and legal arguments in the proceeding. [1999 c.448
§4; 2003 c.14 §86; 2005 c.498 §6]Note: 183.458 was added to and made a part of 183.413 to 183.470 by
legislative action but was not added to any other series. See Preface to
Oregon Revised Statutes for further explanation. Whenever in a contested
case a majority of the officials of the agency who are to render the
final order have not heard the case or considered the record, the order,
if adverse to a party other than the agency itself, shall not be made
until a proposed order, including findings of fact and conclusions of
law, has been served upon the parties and an opportunity has been
afforded to each party adversely affected to file exceptions and present
argument to the officials who are to render the decision. [1957 c.717
§10; 1971 c.734 §16; 1975 c.759 §13] The
agency shall place on the record a statement of the substance of any
written or oral ex parte communications on a fact in issue made to the
agency during its review of a contested case. The agency shall notify all
parties of such communications and of their right to rebut the substance
of the ex parte communications on the record. [1979 c.593 §36c](1) Except as otherwise provided in subsections (1) to (4) of
this section, unless a hearing officer is authorized or required by law
or agency rule to issue a final order, the hearing officer shall prepare
and serve on the agency and all parties to a contested case hearing a
proposed order, including recommended findings of fact and conclusions of
law. The proposed order shall become final after the 30th day following
the date of service of the proposed order, unless the agency within that
period issues an amended order.

(2) An agency may by rule specify a period of time after which a
proposed order will become final that is different from that specified in
subsection (1) of this section.

(3) If an agency determines that additional time will be necessary
to allow the agency adequately to review a proposed order in a contested
case, the agency may extend the time after which the proposed order will
become final by a specified period of time. The agency shall notify the
parties to the hearing of the period of extension.

(4) Subsections (1) to (4) of this section do not apply to the
Public Utility Commission or the Energy Facility Siting Council.

(5) The Governor may exempt any agency or any class of contested
case hearings before an agency from the requirements in whole or part of
subsections (1) to (4) of this section by executive order. The executive
order shall contain a statement of the reasons for the exemption. [1979
c.593 §§36,36b; 1995 c.79 §64; 2001 c.104 §64] In a contested case:

(1) Every order adverse to a party to the proceeding shall be in
writing or stated in the record and may be accompanied by an opinion.

(2) A final order shall be accompanied by findings of fact and
conclusions of law. The findings of fact shall consist of a concise
statement of the underlying facts supporting the findings as to each
contested issue of fact and as to each ultimate fact required to support
the agency's order.

(3) The agency shall notify the parties to a proceeding of a final
order by delivering or mailing a copy of the order and any accompanying
findings and conclusions to each party or, if applicable, the party's
attorney of record.

(4) Every final order shall include a citation of the statutes
under which the order may be appealed. [1957 c.717 §11; 1971 c.734 §17;
1979 c.593 §22](Judicial Review) (1) Except as provided in
ORS 183.415 (5)(b), any person adversely affected or aggrieved by an
order or any party to an agency proceeding is entitled to judicial review
of a final order, whether such order is affirmative or negative in form.
A petition for rehearing or reconsideration need not be filed as a
condition of judicial review unless specifically otherwise provided by
statute or agency rule.

(2) Judicial review of final orders of agencies shall be solely as
provided by ORS 183.482, 183.484, 183.490 and 183.500.

(3) No action or suit shall be maintained as to the validity of any
agency order except a final order as provided in this section and ORS
183.482, 183.484, 183.490 and 183.500 or except upon showing that the
agency is proceeding without probable cause, or that the party will
suffer substantial and irreparable harm if interlocutory relief is not
granted.

(4) Judicial review of orders issued pursuant to ORS 813.410 shall
be as provided by ORS 813.410. [1957 c.717 §12; 1963 c.449 §1; 1971 c.734
§18; 1975 c.759 §14; 1979 c.593 §23; 1983 c.338 §901; 1985 c.757 §4; 1997
c.837 §5](1) Jurisdiction for judicial review of
contested cases is conferred upon the Court of Appeals. Proceedings for
review shall be instituted by filing a petition in the Court of Appeals.
The petition shall be filed within 60 days only following the date the
order upon which the petition is based is served unless otherwise
provided by statute. If a petition for rehearing has been filed, then the
petition for review shall be filed within 60 days only following the date
the order denying the petition for rehearing is served. If the agency
does not otherwise act, a petition for rehearing or reconsideration shall
be deemed denied the 60th day following the date the petition was filed,
and in such cases, petition for judicial review shall be filed within 60
days only following such date. Date of service shall be the date on which
the agency delivered or mailed its order in accordance with ORS 183.470.

(2) The petition shall state the nature of the order the petitioner
desires reviewed, and shall state whether the petitioner was a party to
the administrative proceeding, was denied status as a party or is seeking
judicial review as a person adversely affected or aggrieved by the agency
order. In the latter case, the petitioner shall, by supporting affidavit,
state the facts showing how the petitioner is adversely affected or
aggrieved by the agency order. Before deciding the issues raised by the
petition for review, the Court of Appeals shall decide, from facts set
forth in the affidavit, whether or not the petitioner is entitled to
petition as an adversely affected or an aggrieved person. Copies of the
petition shall be served by registered or certified mail upon the agency,
and all other parties of record in the agency proceeding.

(3)(a) The filing of the petition shall not stay enforcement of the
agency order, but the agency may do so upon a showing of:

(A) Irreparable injury to the petitioner; and

(B) A colorable claim of error in the order.

(b) When a petitioner makes the showing required by paragraph (a)
of this subsection, the agency shall grant the stay unless the agency
determines that substantial public harm will result if the order is
stayed. If the agency denies the stay, the denial shall be in writing and
shall specifically state the substantial public harm that would result
from the granting of the stay.

(c) When the agency grants a stay it may impose such reasonable
conditions as the giving of a bond, irrevocable letter of credit or other
undertaking and that the petitioner file all documents necessary to bring
the matter to issue before the Court of Appeals within specified
reasonable periods of time.

(d) Agency denial of a motion for stay is subject to review by the
Court of Appeals under such rules as the court may establish.

(4) Within 30 days after service of the petition, or within such
further time as the court may allow, the agency shall transmit to the
reviewing court the original or a certified copy of the entire record of
the proceeding under review, but, by stipulation of all parties to the
review proceeding, the record may be shortened. Any party unreasonably
refusing to stipulate to limit the record may be taxed by the court for
the additional costs. The court may require or permit subsequent
corrections or additions to the record when deemed desirable. Except as
specifically provided in this subsection, the cost of the record shall
not be taxed to the petitioner or any intervening party. However, the
court may tax such costs and the cost of agency transcription of record
to a party filing a frivolous petition for review.

(5) If, on review of a contested case, before the date set for
hearing, application is made to the court for leave to present additional
evidence, and it is shown to the satisfaction of the court that the
additional evidence is material and that there were good and substantial
reasons for failure to present it in the proceeding before the agency,
the court may order that the additional evidence be taken before the
agency upon such conditions as the court deems proper. The agency may
modify its findings and order by reason of the additional evidence and
shall, within a time to be fixed by the court, file with the reviewing
court, to become a part of the record, the additional evidence, together
with any modifications or new findings or orders, or its certificate that
it elects to stand on its original findings and order, as the case may be.

(6) At any time subsequent to the filing of the petition for review
and prior to the date set for hearing the agency may withdraw its order
for purposes of reconsideration. If an agency withdraws an order for
purposes of reconsideration, it shall, within such time as the court may
allow, affirm, modify or reverse its order. If the petitioner is
dissatisfied with the agency action after withdrawal for purposes of
reconsideration, the petitioner may refile the petition for review and
the review shall proceed upon the revised order. An amended petition for
review shall not be required if the agency, on reconsideration, affirms
the order or modifies the order with only minor changes. If an agency
withdraws an order for purposes of reconsideration and modifies or
reverses the order in favor of the petitioner, the court shall allow the
petitioner costs, but not attorney fees, to be paid from funds available
to the agency.

(7) Review of a contested case shall be confined to the record, the
court shall not substitute its judgment for that of the agency as to any
issue of fact or agency discretion. In the case of disputed allegations
of irregularities in procedure before the agency not shown in the record
which, if proved, would warrant reversal or remand, the Court of Appeals
may refer the allegations to a master appointed by the court to take
evidence and make findings of fact upon them. The court shall remand the
order for further agency action if it finds that either the fairness of
the proceedings or the correctness of the action may have been impaired
by a material error in procedure or a failure to follow prescribed
procedure.

(8)(a) The court may affirm, reverse or remand the order. If the
court finds that the agency has erroneously interpreted a provision of
law and that a correct interpretation compels a particular action, it
shall:

(A) Set aside or modify the order; or

(B) Remand the case to the agency for further action under a
correct interpretation of the provision of law.

(b) The court shall remand the order to the agency if it finds the
agency's exercise of discretion to be:

(A) Outside the range of discretion delegated to the agency by law;

(B) Inconsistent with an agency rule, an officially stated agency
position, or a prior agency practice, if the inconsistency is not
explained by the agency; or

(C) Otherwise in violation of a constitutional or statutory
provision.

(c) The court shall set aside or remand the order if it finds that
the order is not supported by substantial evidence in the record.
Substantial evidence exists to support a finding of fact when the record,
viewed as a whole, would permit a reasonable person to make that finding.
[1975 c.759 §15; 1977 c.798 §4; 1979 c.593 §24; 1985 c.757 §2; 1989 c.453
§1; 1991 c.331 §44](1) Jurisdiction for judicial
review of orders other than contested cases is conferred upon the Circuit
Court for Marion County and upon the circuit court for the county in
which the petitioner resides or has a principal business office.
Proceedings for review under this section shall be instituted by filing a
petition in the Circuit Court for Marion County or the circuit court for
the county in which the petitioner resides or has a principal business
office.

(2) Petitions for review shall be filed within 60 days only
following the date the order is served, or if a petition for
reconsideration or rehearing has been filed, then within 60 days only
following the date the order denying such petition is served. If the
agency does not otherwise act, a petition for rehearing or
reconsideration shall be deemed denied the 60th day following the date
the petition was filed, and in such case petition for judicial review
shall be filed within 60 days only following such date. Date of service
shall be the date on which the agency delivered or mailed its order in
accordance with ORS 183.470.

(3) The petition shall state the nature of the petitioner's
interest, the facts showing how the petitioner is adversely affected or
aggrieved by the agency order and the ground or grounds upon which the
petitioner contends the order should be reversed or remanded. The review
shall proceed and be conducted by the court without a jury.

(4) At any time subsequent to the filing of the petition for review
and prior to the date set for hearing, the agency may withdraw its order
for purposes of reconsideration. If an agency withdraws an order for
purposes of reconsideration, it shall, within such time as the court may
allow, affirm, modify or reverse its order. If the petitioner is
dissatisfied with the agency action after withdrawal for purposes of
reconsideration, the petitioner may refile the petition for review and
the review shall proceed upon the revised order. An amended petition for
review shall not be required if the agency, on reconsideration, affirms
the order or modifies the order with only minor changes. If an agency
withdraws an order for purposes of reconsideration and modifies or
reverses the order in favor of the petitioner, the court shall allow the
petitioner costs, but not attorney fees, to be paid from funds available
to the agency.

(5)(a) The court may affirm, reverse or remand the order. If the
court finds that the agency has erroneously interpreted a provision of
law and that a correct interpretation compels a particular action, it
shall:

(A) Set aside or modify the order; or

(B) Remand the case to the agency for further action under a
correct interpretation of the provision of law.

(b) The court shall remand the order to the agency if it finds the
agency's exercise of discretion to be:

(A) Outside the range of discretion delegated to the agency by law;

(B) Inconsistent with an agency rule, an officially stated agency
position, or a prior agency practice, if the inconsistency is not
explained by the agency; or

(C) Otherwise in violation of a constitutional or statutory
provision.

(c) The court shall set aside or remand the order if it finds that
the order is not supported by substantial evidence in the record.
Substantial evidence exists to support a finding of fact when the record,
viewed as a whole, would permit a reasonable person to make that finding.

(6) In the case of reversal the court shall make special findings
of fact based upon the evidence in the record and conclusions of law
indicating clearly all aspects in which the agency's order is erroneous.
[1975 c.759 §16; 1979 c.284 §121; 1979 c.593 §25a; 1985 c.757 §3; 1999
c.113 §1] (1) The
court having jurisdiction for judicial review of contested cases shall
direct its decision, including its judgment, to the agency issuing the
order being reviewed and may direct that its judgment be delivered to the
circuit court for any county designated by the prevailing party for entry
in the circuit court's register.

(2) Upon receipt of the court's decision, including the judgment,
the clerk of the circuit court shall enter a judgment in the register of
the court pursuant to the direction of the court to which the appeal is
made. [1973 c.612 §7; 1981 c.178 §11; 1985 c.540 §39; 2003 c.576 §193] (1) The
reviewing court's decision under ORS 183.482 or 183.484 may be mandatory,
prohibitory, or declaratory in form, and it shall provide whatever relief
is appropriate irrespective of the original form of the petition. The
court may:

(a) Order agency action required by law, order agency exercise of
discretion when required by law, set aside agency action, remand the case
for further agency proceedings or decide the rights, privileges,
obligations, requirements or procedures at issue between the parties; and

(b) Order such ancillary relief as the court finds necessary to
redress the effects of official action wrongfully taken or withheld.

(2) If the court sets aside agency action or remands the case to
the agency for further proceedings, it may make such interlocutory order
as the court finds necessary to preserve the interests of any party and
the public pending further proceedings or agency action.

(3) Unless the court finds a ground for setting aside, modifying,
remanding, or ordering agency action or ancillary relief under a
specified provision of this section, it shall affirm the agency action.
[1979 c.593 §27] The court may, upon
petition as described in ORS 183.484, compel an agency to act where it
has unlawfully refused to act or make a decision or unreasonably delayed
taking action or making a decision. [1957 c.717 §13; 1979 c.593 §28](1) In a judicial proceeding designated under subsection (2)
of this section the court:

(a) May, in its discretion, allow a petitioner reasonable attorney
fees and costs if the court finds in favor of the petitioner.

(b) Shall allow a petitioner reasonable attorney fees and costs if
the court finds in favor of the petitioner and determines that the state
agency acted without a reasonable basis in fact or in law; but the court
may withhold all or part of the attorney fees from any allowance to a
petitioner if the court finds that the state agency has proved that its
action was substantially justified or that special circumstances exist
that make the allowance of all or part of the attorney fees unjust.

(2) The provisions of subsection (1) of this section apply to an
administrative or judicial proceeding brought by a petitioner against a
state agency, as defined in ORS 291.002, for:

(a) Judicial review of a final order as provided in ORS 183.480 to
183.484;

(b) Judicial review of a declaratory ruling provided in ORS
183.410; or

(c) A judicial determination of the validity of a rule as provided
in ORS 183.400.

(3) Amounts allowed under this section for reasonable attorney fees
and costs shall be paid from funds available to the state agency whose
final order, declaratory ruling or rule was reviewed by the court. [1981
c.871 §1; 1985 c.757 §5]Note: 183.497 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 183 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(Appeals From Circuit Courts) Any party to the proceedings before the circuit
court may appeal from the judgment of that court to the Court of Appeals.
Such appeal shall be taken in the manner provided by law for appeals from
the circuit court in suits in equity. [1957 c.717 §14; 1969 c.198 §76;
2003 c.576 §394](Alternative Dispute Resolution)(1) Unless otherwise prohibited
by law, agencies may use alternative means of dispute resolution in
rulemaking proceedings, contested case proceedings, judicial proceedings
in which the agency is a party, and any other decision-making process in
which conflicts may arise. The alternative means of dispute resolution
may be arbitration, mediation or any other collaborative problem-solving
process designed to encourage parties to work together to develop
mutually agreeable solutions to disputes. Use of alternative means of
dispute resolution by an agency does not affect the application of ORS
192.410 to 192.505 to the agency, or the application of ORS 192.610 to
192.690 to the agency.

(2) An agency that elects to utilize alternative means of dispute
resolution shall inform and may consult with the Mark O. Hatfield School
of Government, the Department of Justice and the Oregon Department of
Administrative Services in developing a policy or program for
implementation of alternative means of dispute resolution.

(3) The Attorney General, in consultation with the Mark O. Hatfield
School of Government and the Oregon Department of Administrative
Services, may develop for agencies model rules for the implementation of
alternative means of dispute resolution. An agency may adopt all or part
of the model rules by reference without complying with the rulemaking
procedures of ORS 183.325 to 183.410. Notice of the adoption of all or
part of the model rules must be filed by the agency with the Secretary of
State in the manner provided by ORS 183.355 for the filing of rules.

(4) When an agency reviews the standard agreements, forms for
contracts and forms for applying for grants or other assistance used by
the agency, the agency shall determine whether the agreements and forms
should be amended to authorize and encourage the use of alternative means
of dispute resolution in disputes that arise under the agreement,
contract or application.

(5) The Department of Justice, the Mark O. Hatfield School of
Government, the Oregon Department of Administrative Services and the
Governor shall collaborate to increase the use of alternative dispute
resolution to resolve disputes involving the State of Oregon by:

(a) Assisting agencies to develop a policy for alternative means of
dispute resolution;

(b) Assisting agencies to develop or expand flexible and diverse
agency programs that provide alternative means of dispute resolution; and

(c) Providing assistance in the efficient and effective selection
of mediators or facilitators.

(6)(a) The Mark O. Hatfield School of Government, the Oregon
Department of Administrative Services and the Department of Justice shall
work cooperatively in designing the program under ORS 36.179 that is
intended to provide services to, apply to or involve any state agency.

(b) The Mark O. Hatfield School of Government, the Oregon
Department of Administrative Services and the Department of Justice shall
enter into an interagency agreement that includes, but is not limited to,
provisions on appropriate roles, reporting requirements and coordination
of services provided to state agencies by the Mark O. Hatfield School of
Government pursuant to ORS 36.179.

(c) Before providing dispute resolution services in a specific
matter to a state agency under ORS 36.179, the Mark O. Hatfield School of
Government shall notify the Department of Justice of any proposal to
provide such services.

(7) Agencies with alternative dispute resolution programs shall
seek to identify cases appropriate for mediation and other means of
alternative dispute resolution and to design systems and procedures to
resolve those cases.

(8) The purpose of the agency alternative dispute resolution
programs is to:

(a) Increase agency efficiency;

(b) Increase public and agency satisfaction with the process and
results of dispute resolution; and

(c) Decrease the cost of resolving disputes.

(9) An agency may use the services of an employee of another agency
or of the federal government to serve as a mediator or facilitator, and
may provide the services of an agency employee to another agency or to
the federal government to serve as a mediator or facilitator. An agency
may enter into an agreement with another agency or with the federal
government to determine reimbursement for services of an employee acting
as a mediator or facilitator under the provisions of this subsection.
This subsection does not apply to mediation under ORS 243.650 to 243.782.
[1993 c.647 §2; 1995 c.515 §2; 1997 c.706 §5; 1997 c.801 §42; 1997 c.837
§7; 2001 c.581 §2; 2003 c.791 §§27,27a; 2005 c.334 §§1,2; 2005 c.817 §6]Note: 183.502 was added to and made a part of ORS chapter 183 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.(Housing Cost Impact Statement)A housing cost impact statement shall be prepared upon the
proposal for adoption or repeal of any rule or any amendment to an
existing rule by:

(1) The State Housing Council;

(2) A building codes division of the Department of Consumer and
Business Services or any board associated with the department with regard
to rules adopted under ORS 455.610 to 455.630;

(3) The Land Conservation and Development Commission;

(4) The Environmental Quality Commission;

(5) The Construction Contractors Board;

(6) The Occupational Safety and Health Division of the Department
of Consumer and Business Services; or

(7) The State Department of Energy. [1995 c.652 §2]Note: 183.530 to 183.538 were added to and made a part of ORS
chapter 183 by legislative action but were not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further
explanation. (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) for temporary rule
adoption.

(b) Shall not be required for the adoption of any procedural rule
by an agency listed in ORS 183.530. [1995 c.652 §3; 1997 c.249 §54]Note: See note under 183.530.(1) Notwithstanding ORS 183.335 (12), 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. [1995 c.652 §4; 2001 c.220 §4]Note: See note under 183.530.(Effects of Rules on Small Business) If the
statement of cost of compliance effect on small businesses required by
ORS 183.335 (2)(b)(E) shows that a rule has a significant adverse effect
upon small business, to the extent consistent with the public health and
safety purpose of the rule, the agency shall reduce the economic impact
of the rule on small business by:

(1) Establishing differing compliance or reporting requirements or
time tables for small business;

(2) Clarifying, consolidating or simplifying the compliance and
reporting requirements under the rule for small business;

(3) Utilizing objective criteria for standards;

(4) Exempting small businesses from any or all requirements of the
rule; or

(5) Otherwise establishing less intrusive or less costly
alternatives applicable to small business. [1981 c.755 §4; 2003 c.749 §7;
2005 c.807 §6](Office of Administrative Hearings)For the purposes of ORS 183.600 to 183.690:

(1) "Chief administrative law judge" means the person employed
under ORS 183.610 to organize and manage the Office of Administrative
Hearings.

(2) "Office" means the Office of Administrative Hearings
established under ORS 183.605. [1999 c.849 §2; 2003 c.75 §1] (1) The Office of
Administrative Hearings is established within the Employment Department.
The office shall be managed by the chief administrative law judge
employed under ORS 183.610. The office shall make administrative law
judges available to agencies under ORS 183.600 to 183.690. Administrative
law judges assigned from the office under ORS 183.600 to 183.690 may:

(a) Conduct contested case proceedings on behalf of agencies in the
manner provided by ORS 183.600 to 183.690;

(b) Perform such other services, as may be requested by an agency,
that are appropriate for the resolution of disputes arising out of the
conduct of agency business; and

(c) Perform such other duties as may be authorized under ORS
183.600 to 183.690.

(2) All persons serving as administrative law judges in the office
must meet the standards and training requirements of ORS 183.680. [1999
c.849 §3; 2003 c.75 §2] (1) The Director of the
Employment Department shall employ a person to serve as chief
administrative law judge for the Office of Administrative Hearings. The
director shall consider recommendations by the Office of Administrative
Hearings Oversight Committee in hiring a chief administrative law judge.
The person employed to serve as chief administrative law judge must be an
active member of the Oregon State Bar. The chief administrative law judge
has all the powers necessary and convenient to organize and manage the
office. Subject to the State Personnel Relations Law, the chief
administrative law judge shall employ all persons necessary for the
administration of the office, prescribe the duties of those employees and
fix their compensation. The chief administrative law judge shall serve
for a term of four years. Notwithstanding ORS 236.140, the chief
administrative law judge may be removed during a term only for
inefficiency, incompetence, neglect of duty, malfeasance in office,
unfitness to render effective service or failure to continue to meet the
criteria for appointment.

(2) The chief administrative law judge shall employ administrative
law judges. The chief administrative law judge shall ensure that
administrative law judges employed for the office receive all training
necessary to meet the standards required under the program created under
ORS 183.680.

(3) The chief administrative law judge shall take all actions
necessary to protect and ensure the independence of each administrative
law judge assigned from the office. [1999 c.849 §4; 2003 c.75 §3]
(1) An administrative law judge employed by or contracting with the chief
administrative law judge shall conduct hearings on behalf of agencies as
assigned by the chief administrative law judge. An administrative law
judge shall be impartial in the performance of the administrative law
judge's duties and shall remain fair in all hearings conducted by the
administrative law judge.

(2) Only persons who have a knowledge of administrative law and
procedure may be employed by the chief administrative law judge as
administrative law judges. The chief administrative law judge by rule may
establish additional qualifications for administrative law judges
employed for the office. [1999 c.849 §5; 2003 c.75 §4] (1) The chief
administrative law judge for the Office of Administrative Hearings may
contract for the services of persons to act as administrative law judges.

(2) Contract administrative law judges shall meet the same
qualifications as administrative law judges regularly employed by the
chief administrative law judge and shall be paid at an hourly rate
comparable to the per hour cost of salary and benefits for administrative
law judges regularly employed by the chief administrative law judge and
conducting similar hearings. [1999 c.849 §6; 2003 c.75 §5](1) In assigning an administrative law judge to conduct
hearings on behalf of an agency, the chief administrative law judge
shall, whenever practicable, assign an administrative law judge that has
expertise in the legal issues or general subject matter of the proceeding.

(2) Notwithstanding any other provision of state law, any agency
that is required to use administrative law judges assigned from the
Office of Administrative Hearings to conduct hearings must delegate
responsibility for the conduct of the hearing to an administrative law
judge assigned from the Office of Administrative Hearings, and the
hearing may not be conducted by the administrator, director, board,
commission or other person or body charged with administering the agency.

(3) Any agency may authorize an administrative law judge assigned
to conduct a hearing on behalf of the agency under this section to enter
a final order for the agency.

(4) An agency that is not required to use administrative law judges
assigned from the office may contract with the chief administrative law
judge for the assignment of an administrative law judge from the office
for the purpose of conducting one or more contested cases on behalf of
the agency. [1999 c.849 §7; 2003 c.75 §6] (1)
Except as provided in subsection (2) of this section, all contested case
hearings conducted by administrative law judges assigned from the Office
of Administrative Hearings must be conducted pursuant to the model rules
of procedure prepared by the Attorney General under ORS 183.341 if the
hearing is subject to the procedural requirements for contested case
proceedings.

(2) The Attorney General, after consulting with the chief
administrative law judge, may exempt an agency or a category of cases
from the requirements of subsection (1) of this section. The exemption
may be from all or part of the model rules adopted by the Attorney
General. Any exemption granted under this subsection must be made in
writing.

(3) Except as may be expressly granted by the agency to an
administrative law judge assigned from the office, or as may be expressly
provided for by law, an administrative law judge conducting a hearing for
an agency under ORS 183.600 to 183.690 may not authorize a party to take
a deposition that is to be paid for by the agency. [1999 c.849 §8; 2003
c.75 §7](1) Except as provided in
this section, all agencies must use administrative law judges assigned
from the Office of Administrative Hearings established under ORS 183.605
to conduct contested case hearings, without regard to whether those
hearings are subject to the procedural requirements for contested case
hearings.

(2) The following agencies need not use administrative law judges
assigned from the office:

(a) Attorney General.

(b) Boards of stewards appointed by the Oregon Racing Commission.

(c) Bureau of Labor and Industries and the Commissioner of the
Bureau of Labor and Industries.

(d) Department of Corrections.

(e) Department of Education, State Board of Education and
Superintendent of Public Instruction.

(f) Department of Higher Education and institutions of higher
education listed in ORS 352.002.

(g) Department of Human Services for vocational rehabilitation
services cases under 29 U.S.C. 722(c) and disability determination cases
under 42 U.S.C. 405.

(h) Department of Revenue.

(i) Department of State Police.

(j) Employment Appeals Board.

(k) Employment Relations Board.

(L) Energy Facility Siting Council.

(m) Fair Dismissal Appeals Board.

(n) Governor.

(o) Land Conservation and Development Commission.

(p) Land Use Board of Appeals.

(q) Local government boundary commissions created pursuant to ORS
199.425 or 199.430.

(r) Oregon Youth Authority.

(s) Psychiatric Security Review Board.

(t) Public Utility Commission.

(u) Secretary of State.

(v) State Accident Insurance Fund Corporation.

(w) State Apprenticeship and Training Council.

(x) State Board of Parole and Post-Prison Supervision.

(y) State Land Board.

(z) State Treasurer.

(aa) Wage and Hour Commission.

(3) The Workers' Compensation Board is exempt from using
administrative law judges assigned from the office for any hearing
conducted by the board under ORS chapters 147, 654 and 656. Except as
specifically provided in this subsection, the Department of Consumer and
Business Services must use administrative law judges assigned from the
office only for contested cases arising out of the department's powers
and duties under:

(a) ORS chapter 59;

(b) ORS 200.005 to 200.075;

(c) ORS chapter 455;

(d) ORS chapter 674;

(e) ORS chapters 706 to 716;

(f) ORS chapter 717;

(g) ORS chapters 722, 723, 725 and 726; and

(h) ORS chapters 731, 732, 733, 734, 735, 737, 742, 743, 744, 746,
748 and 750.

(4) Notwithstanding any other provision of law, in any proceeding
in which an agency is required to use an administrative law judge
assigned from the office, an officer or employee of the agency may not
conduct the hearing on behalf of the agency.

(5) Notwithstanding any other provision of ORS 183.600 to 183.690,
an agency is not required to use an administrative law judge assigned
from the office if:

(a) Federal law requires that a different administrative law judge
or hearing officer be used; or

(b) Use of an administrative law judge from the office could result
in a loss of federal funds.

(6) Notwithstanding any other provision of this section, the
Department of Environmental Quality must use administrative law judges
assigned from the office only for contested case hearings conducted under
the provisions of ORS 183.413 to 183.470. [1999 c.849 §9; 2001 c.900 §46;
2003 c.75 §8; 2005 c.22 §131; 2005 c.26 §18](1) Upon request of an agency, the chief
administrative law judge for the Office of Administrative Hearings may
assign administrative law judges from the office to conduct contested
case proceedings on behalf of agencies that are exempted from mandatory
use of administrative law judges assigned from the office under ORS
183.635.

(2) The chief administrative law judge may contract with any
political subdivision of this state to provide the services of
administrative law judges to the political subdivision for the purpose of
conducting quasi-judicial hearings on behalf of the political
subdivision. [1999 c. 849 §10; 2003 c.75 §9] (1)
After assignment of an administrative law judge from the Office of
Administrative Hearings to conduct a hearing on behalf of an agency, the
chief administrative law judge shall assign a different administrative
law judge for the hearing upon receiving a written request from any party
in the contested case or from the agency. The chief administrative law
judge may by rule establish time limitations and procedures for requests
under this section.

(2) Only one request for a change of assignment of administrative
law judge under subsection (1) of this section may be granted by the
chief administrative law judge without a showing of good cause. If a
party or agency fails to make a request under subsection (1) of this
section within the time allowed, or if a party or agency objects to an
administrative law judge assigned after a request for a different
administrative law judge has been granted under subsection (1) of this
section, the chief administrative law judge shall assign a different
administrative law judge only upon a showing of good cause.

(3) Notwithstanding subsection (1) of this section, a different
administrative law judge may not be assigned for a hearing provided under
ORS 813.410 or 813.440 on suspension of driving privileges, except upon a
showing of good cause. [1999 c.849 §11; 2001 c.294 §8; 2003 c.75 §10](1) In any contested case hearing conducted
by an administrative law judge assigned from the Office of Administrative
Hearings, the administrative law judge shall prepare and serve on the
agency and all parties to the hearing a form of order, including
recommended findings of fact and conclusions of law. The administrative
law judge shall also prepare and serve a proposed order in the manner
provided by ORS 183.464 unless the agency or hearing is exempt from the
requirements of ORS 183.464.

(2) If the administrative law judge assigned from the office will
not enter the final order in a contested case proceeding, and the agency
modifies the form of order issued by the administrative law judge in any
substantial manner, the agency must identify the modifications and
provide an explanation to the parties to the hearing as to why the agency
made the modifications.

(3) An agency conducting a contested case hearing may modify a
finding of historical fact made by the administrative law judge assigned
from the Office of Administrative Hearings only if the agency determines
that the finding of historical fact made by the administrative law judge
is not supported by a preponderance of the evidence in the record. For
the purposes of this section, an administrative law judge makes a finding
of historical fact if the administrative law judge determines that an
event did or did not occur in the past or that a circumstance or status
did or did not exist either before the hearing or at the time of the
hearing.

(4) If a party seeks judicial review of an agency's modification of
a finding of historical fact under subsection (3) of this section, the
court shall make an independent finding of the fact in dispute by
conducting a review de novo of the record viewed as a whole. If the court
decides that the agency erred in modifying the finding of historical fact
made by the administrative law judge, the court shall remand the matter
to the agency for entry of an order consistent with the court's judgment.
[1999 c.849 §12; 2003 c.75 §11] The chief administrative law judge for the Office of
Administrative Hearings shall establish a schedule of fees for services
rendered by administrative law judges assigned from the office. The fee
charged shall be in an amount calculated to recover the cost of providing
the administrative law judge, the cost of conducting the hearing and all
associated administrative costs. All fees collected by the chief
administrative law judge under this section shall be paid into the Office
of Administrative Hearings Operating Account created under ORS 183.660.
[1999 c.849 §13; 2003 c.75 §12] (1)
The Office of Administrative Hearings Operating Account is created within
the General Fund. The account shall consist of moneys paid into the
account under ORS 183.655. Moneys credited to the account are
continuously appropriated to the chief administrative law judge for the
Office of Administrative Hearings created under ORS 183.605 for the
purpose of paying expenses incurred in the administration of the office.

(2) At the discretion of the chief administrative law judge, petty
cash funds may be established and maintained for the purpose of
administering the duties of the office. [1999 c.849 §14; 2003 c.75 §13] The chief administrative law
judge for the Office of Administrative Hearings shall estimate in advance
the expenses that the office will incur during each biennium and shall
notify each agency required to use the office's services of the agency's
share of the anticipated expenses for periods within the biennium. [1999
c.849 §15; 2003 c.75 §14] Subject to the provisions of the State Personnel
Relations Law, the chief administrative law judge for the Office of
Administrative Hearings may adopt rules to:

(1) Organize and manage the Office of Administrative Hearings
established under ORS 183.605.

(2) Facilitate the performance of the duties of administrative law
judges assigned from the office.

(3) Establish qualifications for persons employed as administrative
law judges by the office.

(4) Establish standards and procedures for the evaluation and
training of administrative law judges employed by the office, consistent
with standards and training requirements established under ORS 183.680.
[1999 c.849 §16; 2003 c.75 §15]ORS 183.600 to 183.690 do
not limit in any way the ability of any agency to use alternative dispute
resolution, including mediation or arbitration, to resolve disputes
without conducting a contested case hearing or without requesting
assignment of an administrative law judge from the Office of
Administrative Hearings. [1999 c.849 §16a; 2003 c.75 §16] (1) The chief
administrative law judge for the Office of Administrative Hearings,
working in coordination with the Attorney General, shall design and
implement a standards and training program for administrative law judges
employed by the office and for persons seeking to be employed as
administrative law judges by the office. The program shall include:

(a) The establishment of an ethical code for persons employed as
administrative law judges by the office.

(b) Training for administrative law judges employed by the office
that is designed to assist in identifying cases that are appropriate for
the use of alternative dispute resolution processes.

(2) The program established by the chief administrative law judge
under this section may include:

(a) The conducting of courses on administrative law, evidence,
hearing procedures and other issues that arise in presiding over
administrative hearings, including courses designed to provide any
training required by the chief administrative law judge for
administrative law judges employed by the office.

(b) The certification of courses offered by other persons for the
purpose of any training required by the chief administrative law judge
for administrative law judges employed by the office.

(c) The provision of specialized training for administrative law
judges in subject matter areas affecting particular agencies required to
use administrative law judges assigned from the office.

(3) The chief administrative law judge is bound by the ethical code
established under this section and must satisfactorily complete training
required of administrative law judges employed by the office other than
specialized training in subject matter areas affecting particular
agencies. [1999 c.849 §19; 2003 c.75 §17] (1) An administrative law judge
assigned from the Office of Administrative Hearings who is presiding in a
contested case proceeding and who receives an ex parte communication
described in subsections (3) and (4) of this section shall place in the
record of the pending matter:

(a) The name of each person from whom the administrative law judge
received an ex parte communication;

(b) A copy of any ex parte written communication received by the
administrative law judge;

(c) A copy of any written response to the communication made by the
administrative law judge;

(d) A memorandum reflecting the substance of any ex parte oral
communication made to the administrative law judge; and

(e) A memorandum reflecting the substance of any oral response made
by the administrative law judge to an ex parte oral communication.

(2) Upon making a record of an ex parte communication under
subsection (1) of this section, an administrative law judge shall advise
the agency and all parties in the proceeding that an ex parte
communication has been made a part of the record. The administrative law
judge shall allow the agency and parties an opportunity to respond to the
ex parte communication.

(3) Except as otherwise provided in this section, the provisions of
this section apply to communications that:

(a) Relate to a legal or factual issue in a contested case
proceeding;

(b) Are made directly or indirectly to an administrative law judge
while the proceeding is pending; and

(c) Are made without notice and opportunity for the agency and all
parties to participate in the communication.

(4) The provisions of this section apply to any ex parte
communication made directly or indirectly to an administrative law judge,
or to any agent of an administrative law judge, by:

(a) A party;

(b) A party's representative or legal adviser;

(c) Any other person who has a direct or indirect interest in the
outcome of the proceeding;

(d) Any other person with personal knowledge of the facts relevant
to the proceeding; or

(e) Any officer, employee or agent of the agency that is using the
administrative law judge to conduct the hearing.

(5) The provisions of this section do not apply to:

(a) Communications made to an administrative law judge by other
administrative law judges;

(b) Communications made to an administrative law judge by any
person employed by the office to assist the administrative law judge; or

(c) Communications made to an administrative law judge by an
assistant attorney general if the communications are made in response to
a request from the administrative law judge and the assistant attorney
general is not advising the agency that is conducting the hearing. [1999
c.849 §20; 2003 c.75 §18] (1)
The Office of Administrative Hearings Oversight Committee is created. The
committee consists of nine members, as follows:

(a) The President of the Senate and the Speaker of the House of
Representatives shall appoint four legislators to the committee. Two
shall be Senators appointed by the President. Two shall be
Representatives appointed by the Speaker.

(b) The Governor shall appoint two members to the committee. At
least one of the members appointed by the Governor shall be an active
member of the Oregon State Bar with experience in representing parties
who are not agencies in contested case hearings.

(c) The Attorney General shall appoint two members to the committee.

(d) The chief administrative law judge for the Office of
Administrative Hearings employed under ORS 183.610 shall serve as an ex
officio member of the committee. The chief administrative law judge may
cast a vote on a matter before the committee if the votes of the other
members are equally divided on the matter.

(2) The term of a legislative member of the committee shall be two
years. If a person appointed by the President of the Senate or by the
Speaker of the House ceases to be a Senator or Representative during the
person's term on the committee, the person may continue to serve as a
member of the committee for the balance of the member's term on the
committee. The term of all other appointed members shall be four years.
Appointed members of the committee may be reappointed. If a vacancy
occurs in one of the appointed positions for any reason during the term
of membership, the official who appointed the member to the vacated
position shall appoint a new member to serve the remainder of the term.
An appointed member of the committee may be removed from the committee at
any time by the official who appointed the member.

(3)(a) The members of the committee shall select from among
themselves a chairperson and a vice chairperson.

(b) The committee shall meet at such times and places as determined
by the chairperson.

(4) Legislative members shall be entitled to payment of per diem
and expense reimbursement under ORS 171.072, payable from funds
appropriated to the Legislative Assembly.

(5) The committee shall:

(a) Study the operations of the Office of Administrative Hearings;

(b) Make any recommendations to the Governor and the Legislative
Assembly that the committee deems necessary to increase the
effectiveness, fairness and efficiency of the operations of the Office of
Administrative Hearings;

(c) Make any recommendations for additional legislation governing
the operations of the Office of Administrative Hearings; and

(d) Conduct such other studies as necessary to accomplish the
purposes of this subsection.

(6) The Employment Department shall provide the committee with
staff, subject to availability of funding for that purpose. [1999 c.849
§21; 2003 c.75 §19; 2005 c.22 §132]PERMITS AND LICENSES (1) As used in this section
and ORS 183.702, "permit" means an individual and particularized license,
permit, certificate, approval, registration or similar form of permission
required by law to pursue any activity specified in this section, for
which an agency must weigh information, make specific findings and make
determinations on a case-by-case basis for each applicant.

(2) The requirements of this section and ORS 183.702 apply to the
following permits granted by:

(a) The Department of Environmental Quality under ORS 448.415,
454.655, 454.695, 454.790, 454.800, 459.205, 465.315, 465.325, 466.140,
466.145, 466.706 to 466.882, 468A.040, 468A.310, 468B.035, 468B.040,
468B.045, 468B.050 and 468B.095.

(b) The Department of State Lands under ORS 196.800 to 196.900 and
390.805 to 390.925.

(c) The Water Resources Department under ORS chapters 537 and 540,
except those permits issued under ORS 537.747 to 537.765.

(d) The State Department of Agriculture pursuant to ORS 468B.200 to
468B.230 and 622.250.

(e) The State Department of Fish and Wildlife pursuant to ORS
497.142, 497.218, 497.228, 497.238, 497.248, 497.252, 497.298, 497.308,
498.019, 498.279, 508.106, 508.300, 508.760, 508.775, 508.801, 508.840,
508.880, 508.926 and 509.140.

(f) The Department of Transportation pursuant to ORS 374.312.
[Formerly 183.560]Note: 183.700 and 183.702 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 183 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.(1) At the time a person applies for a permit specified in ORS
183.700, the issuing agency shall offer a document to that applicant that
specifies the criteria and procedures for evaluating a permit application.

(2) The agencies specified in ORS 183.700 must document in writing
the basis for all decisions to deny a permit specified in ORS 183.700,
including citation to the criteria applied by the agency and the manner
in which agency standards were utilized in applying the criteria. The
documentation required under this section shall be made part of the
record for the decision on the permit application.

(3) At least one officer or employee of the issuing agency who has
authority to sign orders on behalf of the agency, or the officer or
employee responsible for the decision to deny a permit specified in ORS
183.700, shall sign the documentation required under subsection (2) of
this section.

(4) The issuing agency shall provide to the applicant a copy of the
documentation required under subsection (2) of this section. [Formerly
183.562]Note: See note under 183.700.(1) Notwithstanding any other provision of law, an
agency that issues licenses that must be renewed on an annual basis under
the laws administered by the agency also may offer those licenses with
terms of two, three, four or five years. Notwithstanding any other
provision of law, an agency that issues licenses that must be renewed on
a biennial basis under the laws administered by the agency also may offer
those licenses with terms of three, four or five years. Extended terms
may be offered only for renewed licenses, and may not be offered for
initial applications for licenses.

(2) An agency may offer an extended term under this section for a
license issued by the agency only after adopting a rule authorizing the
extended term. An agency may adopt a rule authorizing an extended term
only if the agency finds that the extended term is consistent with public
safety and with the objectives of the licensing requirement. An agency by
rule may prohibit extended terms based on prior license discipline of an
applicant.

(3) If an agency offers an extended term under this section for a
license issued by the agency, the agency shall allow an applicant for
renewal of a license to choose between the license term provided under
the laws administered by the agency and any extended term offered by the
agency under this section. An applicant must meet all qualifications
established by the agency to be granted an extended term.

(4) An agency may not offer an extended term under this section if:

(a) Another agency or a local government, as defined by ORS
174.116, is authorized by statute to make a recommendation on the
issuance of the license;

(b) The agency or the local government, as defined by ORS 174.116,
that has authority to make a recommendation on the issuance of the
license has recommended against the issuance of the license; and

(c) The recommendation of the agency or the local government, as
defined by ORS 174.116, is based on licensing criteria established by
statute or by rule.

(5) An extended term granted under this section may be revoked by
an agency if the agency determines that the licensee is subject to
discipline under the licensing criteria applicable to the licensee. An
agency offering extended terms under this section by rule may establish
other grounds for revoking an extended term under this section.

(6) Notwithstanding any other provision of law, an agency that
offers an extended term under this section for a license issued by the
agency shall increase the annual or biennial license fee established by
statute by a percentage no greater than necessary to ensure that there is
no revenue loss by reason of the extended term.

(7) Notwithstanding any other provision of law, an agency that
offers an extended term under this section for a license issued by the
agency shall increase any annual or biennial continuing education
requirement established by statute as necessary to ensure that there is
no reduction in the continuing education requirement for licensees by
reason of the extended term. [2005 c.76 §2]LEGISLATIVE REVIEW OF RULES As used in ORS
183.710 to 183.725, unless the context requires otherwise:

(1) "Committee" means the Legislative Counsel Committee.

(2) "Rule" has the meaning given in ORS 183.310.

(3) "State agency" has the meaning given to "agency" in ORS
183.310. [Formerly 171.705]Note: 183.710 to 183.725 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 183 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.(1) A state agency that adopts a rule shall submit a copy of
the adopted rule to the Legislative Counsel within 10 days after the
agency files a certified copy of the rule in the office of the Secretary
of State as provided in ORS 183.355 (1). The copy of an amended rule that
is submitted to the Legislative Counsel must 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.

(2) Notwithstanding subsection (1) of this section, an agency
adopting a rule incorporating published standards or a specialty code by
reference is not required to file a copy of those standards with the
Legislative Counsel if:

(a) The standards or a specialty code adopted are unusually
voluminous and costly to reproduce; and

(b) The rule filed with the Legislative Counsel identifies the
location of the standards or a specialty code so incorporated and makes
them available to the Legislative Counsel on the request of the
Legislative Counsel. [Formerly 171.707; 1991 c.94 §1; 1999 c.167 §1; 2005
c.18 §2]Note: See note under 183.710.(1) The Legislative Counsel may
review, or shall review at the direction of the Legislative Counsel
Committee, a proposed rule or an adopted rule of a state agency.

(2) The Legislative Counsel may review an adopted rule of a state
agency upon the written request of any person affected by the rule. The
Legislative Counsel shall review a proposed or adopted rule of a state
agency upon the written request of any member of the Legislative
Assembly. The written request for review must identify the specific
objection or problem with the rule.

(3) When reviewing a rule of a state agency pursuant to subsection
(1) or (2) of this section, the Legislative Counsel shall:

(a) Determine whether the rule appears to be within the intent and
scope of the enabling legislation purporting to authorize its adoption;
and

(b) Determine whether the rule raises any constitutional issue
other than described in paragraph (a) of this subsection, and if so, the
nature of the issue.

(4) In making a determination under subsection (3)(a) of this
section, the Legislative Counsel shall, wherever possible, follow
generally accepted principles of statutory construction.

(5) The Legislative Counsel shall prepare written findings on a
rule reviewed, setting forth the determinations made under subsection (3)
of this section.

(6) When a review of a rule is made by the Legislative Counsel, the
Legislative Counsel shall send a copy of the determinations made under
subsection (3) of this section to the committee, and if the review was
requested by a member of the Legislative Assembly or by a person affected
by the rule, to the person requesting the review. If the Legislative
Counsel determines that a rule is not within the intent and scope of the
enabling legislation purporting to authorize the state agency's adoption
of the rule, or that the rule raises a constitutional issue, the
Legislative Counsel shall also send a copy of the determination to the
state agency. The Legislative Counsel may request that the state agency
respond in writing to the determinations or appear at the meeting of the
committee at which the committee will consider the determinations. The
committee may direct the Legislative Counsel to send a copy of the
determinations to the presiding officer of a house of the Legislative
Assembly, who may refer the determinations to any legislative committee
concerned.

(7) A member of the Legislative Assembly may request that
Legislative Counsel prepare a report on a rule adopted by a state agency
that the member asserts is duplicative of or conflicts with another rule.
A person affected by a rule adopted by a state agency may request that
Legislative Counsel prepare a report on the rule if the person asserts
that the rule is duplicative of or conflicts with another rule. A request
for a report must be in writing and contain copies of the two rules that
are claimed to be duplicative or conflicting. The second rule may be
either a rule adopted by a state agency or a rule adopted by a federal
agency. Upon receipt of the written request, the Legislative Counsel
shall prepare a report to the committee that contains:

(a) A copy of the request, including copies of the two rules that
the requester asserts are conflicting or duplicative; and

(b) Legislative Counsel's analysis of the requirements of the two
rules.

(8) Upon receipt of a report under subsection (7) of this section,
the committee may issue a determination that a rule is duplicative of or
conflicts with the other cited rule.

(9) When a report on a rule is made by the Legislative Counsel, the
Legislative Counsel shall send a copy of the report and any
determinations made under subsection (8) of this section to each state
agency concerned and to the person requesting the review. The committee
may direct the Legislative Counsel to send a copy of the determinations
to the presiding officer of a house of the Legislative Assembly, who may
refer the determinations to any legislative committee concerned.
[Formerly 171.709; 1993 c.729 §7; 1997 c.602 §4; 2001 c.156 §1]Note: See note under 183.710.(1) If the Legislative Counsel determines under ORS
183.720 (3) that a proposed or adopted rule is not within the intent and
scope of the enabling legislation purporting to authorize the rule's
adoption, or that the rule is not constitutional, and the Legislative
Counsel has provided a copy of that determination to the state agency
pursuant to 183.720 (6), the state agency shall either make a written
response to the determination or appear at the meeting of the Legislative
Counsel Committee at which the committee will consider the
determinations. The response of the state agency shall indicate if the
agency intends to repeal, amend or take other action with respect to the
rule.

(2) If the Legislative Counsel determines under ORS 183.720 (3)
that a proposed or adopted rule is not within the intent and scope of the
enabling legislation purporting to authorize the rule's adoption, or that
the rule is not constitutional, and the Legislative Counsel Committee is
not satisfied with the response to those issues made by the state agency,
the committee may request that one or more representatives of the state
agency appear at a subsequent meeting of the committee along with a
representative of the Oregon Department of Administrative Services for
the purpose of further explaining the position of the state agency.

(3) If a state agency is requested under subsection (2) of this
section to appear at a subsequent meeting of the committee along with a
representative of the Oregon Department of Administrative Services, the
state agency shall promptly notify the department of the request. The
notification to the department must be in writing, and must include a
copy of the determinations made by the Legislative Counsel and a copy of
any written response made by the agency to the determinations. [1997
c.602 §7; 1999 c.31 §2]Note: See note under 183.710.(1) The Legislative Counsel Committee, at any time,
may review any proposed or adopted rule of a state agency, and may report
its recommendations in respect to the rule to the agency.

(2) The committee shall report to the Legislative Assembly at each
regular session on its review of state agency rules. [Formerly 171.713;
1993 c.729 §8; 1997 c.602 §5; 1999 c.31 §1]Note: See note under 183.710.CIVIL PENALTIES(1) Except as otherwise provided by
law, an agency may only impose a civil penalty as provided in this
section.

(2) A civil penalty imposed under this section shall become due and
payable 10 days after the order imposing the civil penalty becomes final
by operation of law or on appeal. A person against whom a civil penalty
is to be imposed shall be served with a notice in the form provided in
ORS 183.415. Service of the notice shall be accomplished in the manner
provided by ORS 183.415.

(3) The person to whom the notice is addressed shall have 20 days
from the date of service of the notice provided for in subsection (2) of
this section in which to make written application for a hearing. The
agency may by rule provide for a longer period of time in which
application for a hearing may be made. If no application for a hearing is
made within the time allowed, the agency may make a final order imposing
the penalty. A final order entered under this subsection need not be
delivered or mailed to the person against whom the civil penalty is
imposed.

(4) Any person who makes application as provided for in subsection
(3) of this section shall be entitled to a hearing. The hearing shall be
conducted as a contested case hearing pursuant to the applicable
provisions of ORS 183.413 to 183.470.

(5) Judicial review of an order made after a hearing under
subsection (4) of this section shall be as provided in ORS 183.480 to
183.497 for judicial review of contested cases.

(6) When an order assessing a civil penalty under this section
becomes final by operation of law or on appeal, and the amount of penalty
is not paid within 10 days after the order becomes final, the order may
be recorded with the county clerk in any county of this state. The clerk
shall thereupon record the name of the person incurring the penalty and
the amount of the penalty in the County Clerk Lien Record.

(7) This section does not apply to penalties:

(a) Imposed under the tax laws of this state;

(b) Imposed under the provisions of ORS 646.760 or 652.332;

(c) Imposed under the provisions of ORS chapter 654, 656 or 659A; or

(d) Imposed by the Public Utility Commission.

(8) This section creates no new authority in any agency to impose
civil penalties.

(9) This section does not affect:

(a) Any right under any other law that an agency may have to bring
an action in a court of this state to recover a civil penalty; or

(b) The ability of an agency to collect a properly imposed civil
penalty under the provisions of ORS 305.830.

(10) The notice provided for in subsection (2) of this section may
be made part of any other notice served by the agency under ORS 183.415.

(11) Informal disposition of proceedings under this section,
whether by stipulation, agreed settlement, consent order or default, may
be made at any time.

(12) In addition to any other remedy provided by law, recording an
order in the County Clerk Lien Record pursuant to the provisions of this
section has the effect provided for in ORS 205.125 and 205.126, and the
order may be enforced as provided in ORS 205.125 and 205.126.

(13) As used in this section:

(a) "Agency" has that meaning given in ORS 183.310.

(b) "Civil penalty" includes only those monetary penalties that are
specifically denominated as civil penalties by statute. [Formerly 183.090]Note: 183.745 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 183 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.READABILITY OF PUBLIC WRITINGS(1) Every state agency shall prepare its public writings
in language that is as clear and simple as possible.

(2) As used in this section:

(a) "Public writing" means any rule, form, license or notice
prepared by a state agency.

(b) "State agency" means any officer, board, commission,
department, division or institution in the executive or administrative
branch of state government. [Formerly 183.025]Note: 183.750 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 183 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.

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