ORS 183.355
Filing and taking effect of rules

  • filing of executive orders
  • copies
  • fees
  • rules

(1)

The Secretary of State shall by rule prescribe requirements for the manner and form for filing rules adopted, amended or repealed by agencies. The Secretary of State may refuse to accept for filing any rules that do not comply with the requirements.

(2)

Intentionally left blank —Ed.

(a)

Each agency shall file with the office of the Secretary of State each rule adopted by the agency.

(b)

Unless otherwise provided by rule adopted by the Secretary of State, 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.

(3)

Each rule is effective upon filing as required by subsection (2) 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 (Notice) (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.

(4)

When a rule is amended or repealed by an agency, the agency shall file the amendment or notice of repeal with the Secretary of State.

(5)

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.

(6)

A rule is not valid or effective against any person or party until the rule 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 the case and subsequent cases of like nature the agency may rely upon the decision in disposition of later cases.

(7)

The Secretary of State shall, upon request, supply copies of rules, or orders or designated parts of rules or orders, in the format requested, making and collecting therefor fees prescribed by ORS 177.130 (Fees of the Secretary of State). All receipts from the sale of copies shall be deposited in the State Treasury to the credit of the Secretary of State Miscellaneous Receipts Account established under ORS 279A.290 (Miscellaneous receipts accounts).

(8)

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

(a)

Publication of the compilation referred to in ORS 183.360 (Publication of rules and orders) (1);

(b)

Electronic publication of the bulletin referred to in ORS 183.360 (Publication of rules and orders) (3); and

(c)

Electronic publication of rules and other information relating to rules under ORS 183.365 (Publication of administrative rules in electronic form).

(9)

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

(10)

No later than 10 days after an agency files an adopted, amended or repealed rule with the Secretary of State, other than a rule amended for a purpose described in ORS 183.335 (Notice) (7), the Secretary of State shall:

(a)

Electronically transmit the rule to the Legislative Counsel in accordance with ORS 183.715 (Submission of adopted rule to Legislative Counsel required); and

(b)

Provide to the agency that filed the rule a written confirmation that the rule was transmitted to the Legislative Counsel. [1971 c.734 §5; 1973 c.612 §2; 1975 c.759 §7; 1977 c.798 §2b; 1979 c.593 §13; 1991 c.169 §2; 2003 c.794 §207; 2009 c.289 §1; 2017 c.518 §3]

Source: Section 183.355 — Filing and taking effect of rules; filing of executive orders; copies; fees; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors183.­html.

Notes of Decisions

It was not abuse of discretion for Employment Relations Board to adopt and apply, in course of contested case, rule that it is “per se” violation of duty to bargain in good faith for employer to make unilateral change regarding mandatory bargaining subject while employer has duty to bargain. Wasco County v. AFSCME, 46 Or App 859, 613 P2d 1067 (1980)

Rules addressing the assignment of initial custody level to inmates based on Violence Predictor Score calculated using mathematical equation are valid despite mathematical equation not being made publicly available because Violence Predictor Score calculation is not published standard. Smith v. Dept. of Corrections, 298 Or App 190, 445 P3d 329 (2019), Sup Ct review denied

“Published standard” cannot be read to refer to any standard employed by agency, because such broad reading would render the word “published” superfluous. Smith v. Dept. of Corrections, 298 Or App 190, 445 P3d 329 (2019), Sup Ct review denied

Attorney General Opinions

Application of filing requirements and statement requirements to rule-making proceedings substantially completed prior to effective date, (1978) Vol 38, p 1939

183.310
Definitions for chapter 183.315
Application of provisions of chapter to certain agencies 183.325
Delegation of rulemaking authority to named officer or employee 183.330
Description of organization 183.332
Policy statement 183.333
Policy statement 183.335
Notice 183.336
Cost of compliance effect on small businesses 183.337
Procedure for agency adoption of federal rules 183.341
Model rules of procedure 183.355
Filing and taking effect of rules 183.360
Publication of rules and orders 183.365
Publication of administrative rules in electronic form 183.370
Distribution of published rules 183.390
Petitions requesting adoption of rules 183.400
Judicial determination of validity of rule 183.403
Agency report to Legislative Assembly regarding temporary rules 183.405
Agency review of rules 183.407
Small Business Rules Advisory Committee 183.410
Agency determination of applicability of rule or statute to petitioner 183.411
Delegation of final order authority 183.413
Notice to parties before hearing of rights and procedure 183.415
Notice of right to hearing 183.417
Procedure in contested case hearing 183.425
Depositions or subpoena of material witness 183.430
Hearing on refusal to renew license 183.435
Period allowed to request hearing for license refusal on grounds other than test or inspection results 183.440
Subpoenas in contested cases 183.445
Subpoena by agency or attorney of record of party when agency not subject to ORS 183.440 183.450
Evidence in contested cases 183.452
Representation of agencies at contested case hearings 183.453
Representation of Oregon Health Authority and Department of Human Services at contested case hearings 183.457
Representation of persons other than agencies participating in contested case hearings 183.458
Nonattorney and out-of-state attorney representation of parties in certain contested case hearings 183.459
Representation of home care worker by labor union representative 183.460
Examination of evidence by agency 183.462
Agency statement of ex parte communications 183.464
Proposed order by hearing officer 183.470
Orders in contested cases 183.471
Preservation of orders in electronic format 183.480
Judicial review of agency orders 183.482
Jurisdiction for review of contested cases 183.484
Jurisdiction for review of orders other than contested cases 183.485
Decision of court on review of contested case 183.486
Form and scope of decision of reviewing court 183.490
Agency may be compelled to act 183.497
Awarding costs and attorney fees when finding for petitioner 183.500
Appeals 183.502
Authority of agencies to use alternative means of dispute resolution 183.530
Housing cost impact statement required for certain proposed rules 183.534
Housing cost impact statement described 183.538
Effect of failure to prepare housing cost impact statement 183.540
Reduction of economic impact on small business 183.605
Office of Administrative Hearings 183.610
Chief administrative law judge 183.615
Administrative law judges 183.620
Contract administrative law judges 183.625
Assignment of administrative law judges 183.630
Model rules of procedure 183.635
Agencies required to use administrative law judges from Office of Administrative Hearings 183.640
Use of Office of Administrative Hearings by exempt agencies and by political subdivisions 183.645
Request for change of administrative law judge 183.650
Form of order 183.655
Fees 183.660
Office of Administrative Hearings Operating Account 183.665
Estimates of office expenses 183.670
Rules 183.675
Alternative dispute resolution 183.680
Standards and training program 183.685
Ex parte communications 183.690
Office of Administrative Hearings Oversight Committee 183.700
Permits subject to ORS 183.702 183.702
Statement of criteria and procedures for evaluating permit application 183.705
Extended term for renewed licenses 183.710
Definitions for ORS 183.710 to 183.730 183.715
Submission of adopted rule to Legislative Counsel required 183.720
Procedure for review of agency rule 183.722
Required agency response to Legislative Counsel determination 183.724
Designation of interim committees for purposes of considering rule reports 183.730
Review of rule by Oregon Sunshine Committee 183.745
Civil penalty procedures 183.750
State agency required to prepare public writings in readable form
Green check means up to date. Up to date

Current through early 2024

§ 183.355’s source at oregon​.gov