Agency review of rules
- report by Secretary of State
(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(c)Whether subsequent changes in the law require that the rule be repealed or amended;
(d)Whether there is continued need for the rule; and
(e)What impacts the rule has on small businesses.
(2)Upon request of an agency, the Small Business Rules Advisory Committee established in ORS 183.407 (Small Business Rules Advisory Committee) may agree to complete the review and reporting required by this section for the agency.
(3)An agency or the Small Business Rules Advisory Committee shall utilize available information in complying with the requirements of subsection (1) of this section.
(4)An agency or the Small Business Rules Advisory Committee shall provide a report on each review of a rule conducted under this section:
(a)To the Secretary of State;
(b)To the Small Business Rules Advisory Committee, unless the committee completed the review under subsection (2) of this section; and
(c)If the agency appointed an advisory committee pursuant to ORS 183.333 (Policy statement) for consideration of a rule subject to the requirements of this section, to the advisory committee.
(5)The provisions of this section do not apply to the amendment or repeal of a rule.
(6)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
(d)Rules adopted to correct errors or omissions.
(7)The Secretary of State shall compile the reports submitted under this section during each calendar year and submit an annual report to the Legislative Assembly in the manner required by ORS 192.245 (Form of report to legislature) no later than February 1 of the following year. [2005 c.807 §3; 2017 c.518 §6; 2018 c.20 §4]
Section 183.405 — Agency review of rules; report by Secretary of State,