(1)The agency shall maintain a record of any data or views it receives in response to a notice of intent to adopt, amend, or repeal a rule.
(2)If a hearing is held, the agency may require the presiding officer, within a reasonable time after the hearing, to provide the agency a written summary of statements given and exhibits received and a report of the officer’s observations of physical experiments, demonstrations, or exhibits. The presiding officer may make recommendations but such recommendations are not binding upon the agency.
(3)The rulemaking record shall be maintained by the rules coordinator. The agency shall make the rulemaking record available to members of the public upon request.
(4)The rulemaking record will include:
(a)The presiding officer’s summary of or a recording of oral submissions received at the hearing, and the presiding officer’s recommendation, if any;
(b)Any written comments received in response to the notice of rulemaking;
(c)The recommendations of an advisory committee or fiscal impact advisory committee, if any, appointed under ORS 183.333 (Policy statement);
(d)The agency’s statements of the objective of the rule, including how the agency will evaluate whether the rule accomplishes the objective, when required by ORS 183.335 (Notice)(3)(d);
(e)Any public comment received in response to the request for comments made pursuant to ORS 183.335 (Notice)(2)(b)(G);
(f)The notice of the agency’s intended action, required by ORS 183.335 (Notice)(1) and (2); and
(g)A copy of the filing with the Secretary of State, required by ORS 183.355 (Filing and taking effect of rules)(1) or (3).
Rule 137-001-0040 — Rulemaking Record,