2011 ORS § 183.355¹
Filing and taking effect of rules
- • filing of executive orders
- • copies
- • fees
(1)(a) Each agency shall file in the office of the Secretary of State a certified copy of each rule adopted by it.
(b) Notwithstanding the provisions of paragraph (a) of this subsection, 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.
(2) Each rule is effective upon filing as required by subsection (1) 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.
(3) When a rule is amended or repealed by an agency, the agency shall file a certified copy of the amendment or notice of repeal with the Secretary of State who shall appropriately amend the compilation required by ORS 183.360 (Publication of rules and orders) (1).
(4) 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.
(5) No rule of which a certified copy is required to be filed shall be valid or effective against any person or party until a certified copy 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 such case and subsequent cases of like nature the agency may rely upon such decision in disposition of later cases.
(6) The Secretary of State shall, upon request, supply copies of rules, or orders or designated parts of rules or orders, 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).
(7) 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) 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).
(8) All fees collected under subsection (7) 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). [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]