2013 ORS § 183.333¹
- • public involvement in development of policy and drafting of rules
- • advisory committees
(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 committees 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 committees recommendations on compliance with ORS 183.540 (Reduction of economic impact on small business).
(4) An agency shall consider an advisory committees recommendations provided under subsection (3) of this section in preparing the statement of fiscal impact required by ORS 183.335 (Notice) (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 agencys statement of fiscal impact as required by ORS 183.335 (Notice) (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 (Notice) (1) is given. If the agency determines that the statement does not adequately reflect the rules fiscal impact, the agency shall extend the period for submission of data or views under ORS 183.335 (Notice) (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.
(7) If an agency is required by law to appoint an advisory committee under this section, the agency may not appoint an officer, employee or other agent of the agency to serve as a member of the advisory committee. [2003 c.749 §4; 2005 c.807 §4; 2013 c.273 §1]
Note: Section 2, chapter 273, Oregon Laws 2013, provides:
Sec. 2. The amendments to ORS 183.333 (Policy statement) by section 1 of this 2013 Act apply to advisory committees appointed for proposed rules for which notice is given under ORS 183.335 (Notice) (1) on or after the effective date of this 2013 Act [January 1, 2014]. [2013 c.273 §2]