2013 ORS § 183.341¹
Model rules of procedure
  • establishment
  • compilation
  • publication
  • agencies required to adopt procedural rules

(1) The Attorney General shall prepare model rules of procedure appropriate for use by as many agencies as possible. Except as provided in ORS 183.630 (Model rules of procedure), any agency may adopt all or part of the model rules by reference without complying with the rulemaking procedures under ORS 183.335 (Notice). Notice of such adoption shall be filed with the Secretary of State in the manner provided by ORS 183.355 (Filing and taking effect of rules) for the filing of rules. The model rules may be amended from time to time by an adopting agency or the Attorney General after notice and opportunity for hearing as required by rulemaking procedures under this chapter.

(2) Except as provided in ORS 183.630 (Model rules of procedure), all agencies shall adopt rules of procedure to be utilized in the adoption of rules and conduct of proceedings in contested cases or, if exempt from the contested case provisions of this chapter, for the conduct of proceedings.

(3) The Secretary of State shall publish in the Oregon Administrative Rules:

(a) The Attorney Generals model rules adopted under subsection (1) of this section;

(b) The procedural rules of all agencies that have not adopted the Attorney Generals model rules; and

(c) The notice procedures required by ORS 183.335 (Notice) (1).

(4) Agencies shall adopt rules of procedure which will provide a reasonable opportunity for interested persons to be notified of the agencys intention to adopt, amend or repeal a rule.

(5) No rule adopted after September 13, 1975, is valid unless adopted in substantial compliance with the rules adopted pursuant to subsection (4) of this section. [1975 c.759 §6 (enacted in lieu of 183.340); 1979 c.593 §12; 1997 c.837 §1; 1999 c.849 §§24,25; 2003 c.75 §28]