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From the Oregon Secretary of State Office <http://sos.oregon.gov/archives/Pages/about_rules.aspx>
About the OARs (Oregon Administrative Rules)
The OAR Compilation and the Oregon Bulletin
The Oregon Administrative Rules Compilation is an annual print publication containing complete text of Oregon Administrative Rules (OARs) filed through Nov. 15 of the previous year.
The Oregon Bulletin is a monthly online supplement containing rule text adopted or amended after publication of the print compilation as well as Notices of Proposed Rulemaking and Rulemaking Hearing. The Bulletin also includes certain non-OAR items when they are submitted, such as Executive Orders of the Governor and Opinions of the Attorney General.
The Administrative Rules Unit of the Archives Division, Office of the Secretary of State, publishes the Oregon Administrative Rules Compilation and the online Oregon Bulletin.
The State Rulemaking Process
A "rule" is "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" - ORS 183.310(9). Agencies may adopt, amend, repeal or renumber rules, permanently or temporarily (up to 180 days), using the procedures outlined in the Oregon Attorney General's Administrative Law Manual.
The Administrative Rules Unit assists agencies with the notification, filing and publication requirements of the rulemaking process.
OAR Citations
Every OAR uses the same numbering sequence of a three-digit chapter number followed by a three-digit division number and a four-digit rule number. For example, Oregon Administrative Rules, chapter 166, division 500, rule 0020 is cited as OAR 166-500-0020.
Understanding the History of an Administrative Rule
State agencies operate in an environment of ever-changing laws, public concerns and legislative mandates, which require ongoing rulemaking. To track changes to individual rules and organize the original rule documents for permanent retention, the Administrative Rules Unit maintains history lines for each rule, located at the end of the rule text. OAR histories contain the rule's statutory authority, statutes implemented and dates of each authorized modification to the rule text.
Changes are listed chronologically in abbreviated form, with the most recent change last. In the history line "OSA 4-1993, f. & cert. ef. 11-10-93," for example, "OSA" is short for Oregon State Archives; "4-1993" means this was the fourth administrative rule filing by the State Archives in 1993; and "f. & cert. ef. 11-10-93" means the rule was filed and certified effective on Nov. 10, 1993.
Current Versions of Administrative Rules
The online version of the OAR Compilation is updated on the first of each month to include all rule actions filed with the Administrative Rules Unit by the 15th of the previous month.
The annual printed OAR Compilation volumes contain text for all rules filed through Nov. 15 of the previous year. OARs created or changed after publication in the print compilation will appear in a subsequent edition of the Oregon Bulletin. These are listed by rule number in the Bulletin's OAR Revision Cumulative Index, which is updated monthly. The listings specify each rule's effective date, rulemaking action, and the issue of the Bulletin that contains the full text of the adopted or amended rule.
Filing Adminstrative Rules and Notices
All hearing and rulemaking notices, and permanent and temporary rules, are filed through the online filing system. To expedite the rulemaking process, we encourage agencies to file a Notice of Proposed Rulemaking Hearing specifying hearing date, time and location, and to submit their filings early in the submission period.
All notices and rules must be filed by the 15th of the month to be included in the next month's Oregon Bulletin and OAR Compilation postings. Filings must contain the date stamp from the deadline day or earlier to be published the following month.
Administrative Rules Coordinators and Delegation of Signing Authority
Each agency that engages in rulemaking must appoint a rules coordinator and file an Appointment of Agency Rules Coordinator form with the Administrative Rules Unit. The agency must also file a Delegation of Rulemaking Authority form . It is the agency's responsibility to monitor the rulemaking authority of selected employees and keep the forms updated.
The Administrative Rules Unit does not verify agency signatures as part of the rulemaking process.
Obtaining Administrative Rule Publications
Printed volumes of the OAR Compilation are deposited in Oregon's Public Documents Depository Libraries listed in OAR 543-070-0000 . You can order complete sets and individual volumes of the printed OAR Compilation from the Archives Division .
Publication Authority
The Oregon Bulletin is published pursuant to ORS 183.360(3). Copies of the original Administrative Orders may be obtained from the Archives Division . We charge for such copies.
The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division. Any discrepancies with the published version are satisfied in favor of the Administrative Order.
Oregon State Permanent Rulemaking Overview Archives
Overview is compiled from the requirements set forth in the Attorney General’s Administrative Law Manual.
• The Administrative Rules Unit files and publishes the Administrative Rules.
• The Attorney General’s office has the authority to inter- pret Administrative Rules and give legal advise concerning Administrative Rules.
• Legislative Counsel reviews Administrative Rules with regard to constitutionality and scope and intent of enabling legislation.
listed on the agency rulemaking mailing list. Notices must be mailed at least 28 days before the effective date of the rule. Also provide draft text or text access information.
Rulemaking Steps: Appoint an advisory committee and obtain public input
on the content of the proposed rules or rule modifications.
Notify the public of proposed rulemaking actions in the following ways:
• Publish a Notice of Proposed Rulemaking or Notice of Proposed Rulemaking Hearing in the Oregon Bulletin. A Notice of Proposed Rulemaking Hearing form is accompanied by a Statement of Need and Fiscal Impact form and must be published in the Oregon Bulletin at least 14 days prior to the hearing date and 21 days prior to the effective date of the rule. A Notice of Proposed Rulemaking form is also accompanied by a Statement of Need and Fiscal Impact form and must be published in the Oregon Bulletin at least 21 days prior to the effective date of the rule. The Oregon Bulletin is distributed on the 1st of each month. Notice forms must be submitted to the Administrative Rules Unit, Archives Division, Secretary of State by 5:00 p.m. on the 15th day of the preceding month. When this deadline falls on a Saturday, Sunday or legal holiday, Notice forms are accepted until 5:00 p.m. on the preceding workday. Agencies listed in ORS 183.530 must also include a housing cost impact statement as described in ORS 183.534.
• Notify individuals, organizations and agencies
• Notify public in accordance with agency notice
• Mail a copy of the Notice to legislators as pro- vided by ORS 183.335(15). Notices must be mailed at least 49 days before the effective date of the rule.
Conduct a hearing, if scheduled or requested, which com- plies with OAR 137-001-0030 and the "Attorney General's Public Records and Meetings Manual.”
Complete and file a permanent administrative rule filing with the Administrative Rules Unit, Archives division, Secretary of State containing the following components:
• Two paper copies of the Certificate and Order for Filing Permanent Administrative Rules with the Secretary of State (one signed original and one photocopy of the signed original).
• A paper copy of the adopted or amended rule text including statutory authority and statutes implement- ed. Text should include only rules listed on the Permanent form. Rule text need not be submitted for repealed rules.
• A computer disk containing the rule text in both word processing and plain text formats. Text should include only rules listed on Permanent form. Rule text need not be submitted for repealed rules.
File a paper copy of the Certificate and Order for Filing Permanent Administrative Rules and the rule text with Legislative Counsel within 10 days of filing with the Administrative Rules Unit, Archives Division, Secretary of State. Agencies must strike through deleted rule text and underline new text (or use any method clearly showing changes) on paper copies submitted to Legislative Counsel.
rule.
Note: Forms for filing Notice, Statement of Need, and Permanent rules are available on-line at http://arcweb.sos.state.or.us along with the "Oregon Administrative Rules Compilation" and the “Oregon Bulletin.” Forms are also available in printed versions by contacting the Administra- tive Rules Unit. Archives Division, Secretary of State, 800 Summer Street NE, Salem, Oregon 97310. (503) 373-0701 ext. 2.
Oregon State Temporary Rulemaking Overview Archives
Overview is compiled from the requirements set forth in the Attorney General’s Administrative Law Manual.
• The Administrative Rules Unit files and publishes the Administrative Rules.
• The Attorney General’s office has the authority to interpret Administrative Rules and give legal advise concerning Administrative Rules.
• Legislative Counsel reviews Administrative Rules with regard to constitutionality and scope and intent of enabling legislation.
Rulemaking Steps:
ORS 183.355(2)(b) requires that an agency “take appro- priate measures to make the temporary rules known to persons who may be affected by them.” This includes interested parties, organizations and agencies on the agency’s interested party mailing list, as well as and oth- ers who may be affected.
Complete and file a temporary administrative rule filing with the Administrative Rules Unit, Archives division, Secretary of State containing the following components:
•Two paper copies of the Certificate and Order for Filing Temporary Administrative Rules (one signed original and one photocopy of the signed original).
•Two paper copies of the Statement of Need and Justification (one signed original and one photocopy of the signed original). Agencies listed in ORS 183.530 must also include a housing cost impact statement as described in ORS 183.534.
•A paper copy of the adopted or amended rule text including statutory authority and statutes imple- mented. Text should include only rules listed on the Temporary form. Rule text need not be submitted for repealed rules.
•A computer disk containing the adopted or amended rule text in both word processing and plain text formats. Text should include only rules listed on Temporary form. Rule text need not be submitted for repealed rules.
File a paper copy of the Certificate and Order for Filing Administrative Rules and the rule text with Legislative Counsel within 10 days of filing with the Administrative Rules Unit, Archives Division, Secretary of State. Agencies must strike through deleted rule text and underline new text (or use any method clearly showing changes) on paper copies submitted to Legislative Counsel.
Note: Forms for filing Temporary administrative rules and Statements of Need and Justification are available on-line at http://arcweb.sos.state.or.us along with the "Oregon Administrative Rules Compilation" and the “Oregon Bulletin.” Forms are also available in printed versions by contacting the Administrative Rules Unit. Archives Division, Secretary of State, 800 Summer Street NE, Salem, Oregon 97310. (503) 373-0701 ext. 2.
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